(1)

Applicability. All new retail buildings having a building footprint in excess of 50,000 gross square feet shall require approval of a conditional use and shall be subject to these requirements. These provisions shall also apply to additions (and accumulations of additions) that exceed 10,000 square feet if the total size of the retail building's footprint after the addition exceeds 50,000 square feet.

(2)

Purpose. The general purpose of the requirements contained in this section is to provide greater scrutiny and more detailed development criteria and mitigation for large developments that tend to have significant internal and external impacts on the site, surrounding neighborhood, and city as a whole. These requirements are also intended to:

(a)

Reduce the apparent scale and uniform, impersonal appearance of large buildings, and provide visual interest of facades.

(b)

Ensure pedestrian convenience, amenities, and safety, and provide clearly defined customer entrances.

(c)

Ensure that access and orientation of the site relates well to adjoining uses and to the surrounding neighborhood.

(d)

Soften the appearance and impacts of large parking areas.

(e)

Reduce or eliminate negative external impacts relating to stormwater runoff, traffic, lighting, and other development factors.

(f)

Promote the swift reuse of vacated retail buildings.

(g)

To protect the community economic health.

(3)

Site access.

(a)

All such retail projects shall have at least one access driveway to an existing or planned arterial street, collector street, or frontage road as identified in the comprehensive plan.

(b)

The development shall facilitate traffic and pedestrian flow into adjoining commercial areas and shall provide connections to adjoining roads and neighborhoods, as deemed appropriate by the plan commission.

(4)

Building placement/orientation.

(a)

The placement of the building shall be compatible with existing or planned public streets, pedestrian facilities, utilities, and stormwater management facilities.

(b)

Buildings that are located more than 450 feet from the adjoining public street shall allow for development on pads or outlots that are adjacent to the street.

(5)

Building facades. The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce the apparent size and scale of the building. These provisions shall not apply to facades that do not face public streets or customer parking areas.

(a)

Facades greater than 150 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least six feet and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 150 horizontal feet.

(b)

Building facades shall include a repeating pattern that includes no less than three of the following elements:

•

Color change.

•

Texture change.

•

Material module change.

•

Expression of architectural or structural bay through a change in plane not less than 12 inches in width, such as an offset, reveal or projecting rib.

At least one of the above elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet.

(c)

Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings or other such features along no less than 35 percent of their horizontal length.

(6)

Roofs.

(a)

Parapets.Flat roofs and rooftop equipment such as HVAC units shall be concealed by parapets. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.

(b)

Eaves. Sloping roofs shall have overhanging eaves, extending no less than two feet past the supporting walls.

(c)

Roof slope. Roofs with a particular slope may be required by the plan commission to complement existing buildings or otherwise establish a particular aesthetic objective. In general, the height of sloping roofs should not exceed the average height of the supporting walls and should have an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run (i.e. 4:12 pitch).

(d)

Eave/parapet lines. A minimum of 20 percent of all of the combined linear roof eave or parapet lines of the building shall have differences in height of four feet or more as measured eave to eave or parapet to parapet.

(7)

Materials and colors.

(a)

Predominant exterior building materials shall be high quality materials, including but not limited to, brick, stone, wood, and tinted/textured concrete masonry units. The predominant exterior building materials shall not include smooth faced concrete block, tilt-up concrete panels, or prefabricated steel panels.

(b)

Facade colors shall be low reflectance colors. The use of metallic colors, fluorescent colors, or black on facades is prohibited.

(c)

Building trim and architectural accent areas may feature bright colors or black, but such colors shall not be metallic or fluorescent.

(8)

Entryways.

(a)

Customer entryways into the building shall be clearly defined and highly visible. They shall be emphasized by the on-site pedestrian and traffic flow and shall incorporate three or more of the following design features:

•

Canopies or porticos.

•

Overhangs.

•

Recesses/projections.

•

Arcades.

•

Raised corniced parapets over the entrance.

•

Peaked roof forms over the entrance.

•

Arches.

•

Outdoor patios.

•

Display windows.

•

Architectural details such as tile work and moldings, which are integrated into the building structure and design.

(b)

There shall be at least one customer entrance for each 75,000 square feet of building footprint or fraction thereof. If the building directly abuts two or more public rights-of-way, it is preferred (but not necessarily required) that at least two of the sides abutting public rights-of-way feature a customer entrance, which shall conform to the above requirements.

(9)

Landscaping/screening.

(a)

A landscaping plan shall be submitted to the plan commission as part of the approval process. Landscaping plants and materials shall be used to break up the mass of the parking area, soften the appearance of large walls of the building, improve the streetscape, provide pedestrian amenities, and provide a buffer for adjoining residential uses, as well as to lessen the amount of impervious surfaces.

(b)

All ground-mounted and wall-mounted mechanical equipment, refuse containers, and any permitted outdoor storage areas shall be screened by screen walls which match the building exterior in materials and design or by opaque landscaping.

(c)

Where a building abuts property that is used for residential purposes or vacant land that is residentially zoned, a vegetative screen shall be used instead. Such screen shall at a minimum meet the requirements contained in section 20.34(2) of the zoning code.

(d)

Street trees at a minimum of two-inch caliper shall be required along all adjoining public rights-of-way at a rate of at least one tree per 50 feet. The tree species shall be approved by the city forester.

(e)

Landscaped areas at least ten feet in width shall be provided along at least 30 percent of the building's total perimeter and shall be designed to enhance building entrances and features, or to provide visual breaks in the mass of the building.

(10)

Parking.

(a)

All parking areas shall comply with the landscaping requirements of section 20.31(11). In addition:

1.

Landscaped islands shall be provided within each parking aisle spaced at intervals no greater than one island per every 12 spaces within that aisle. Islands at the ends of aisles shall count toward meeting this requirement.

2.

Each required landscaped island shall be a minimum of 160 square feet in landscaped area.

3.

Existing canopy trees that are at least 12 inches in diameter and are preserved within landscaped islands or within 10 feet of the perimeter of the parking area shall count as two trees for the purpose of meeting the minimum canopy trees for parking areas.

(b)

If more than 60 percent of the off-street parking spaces are located between the front facade of the building and the primary abutting street, a minimum 20-foot-wide landscaped buffer shall be provided between the parking area and the abutting street right-of-way, with landscaping materials to be approved by the plan commission.

(11)

Exterior lighting.

(a)

Total cut-off luminaries with angles of less than 90 degrees shall be required for all parking lot and building security lighting.

(b)

The maximum height for all light poles shall be 20 feet. The color and design of lighting standards shall be compatible with the building design.

(12)

Outdoor display.

(a)

Exterior display areas shall be identified on the approved site plan. Such areas shall be separated from traffic and pedestrian routes by a minimum of six feet and shall be clearly defined.

(b)

Display areas on building aprons shall not reduce walkway width to less than eight feet between the display area and any adjoining vehicle drives.

(13)

Pedestrian and bicycle facilities.

(a)

Sidewalks at least five feet in width shall be provided along all sides of the lot that abut a public street.

(b)

Continuous internal pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer entrance of the building. Such walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flowerbeds, ground covers, or other such materials for no less than 50 percent of the length of the walkway.

(c)

Sidewalks, no less than eight feet in width, shall be provided between the building facade and any adjoining access drive, and along any portion of the facade abutting public parking areas.

(d)

All internal pedestrian walkways shall be adequately protected, separated, or distinguished from adjoining driving surfaces. Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, or pavement textures.

(e)

The development shall provide at least one secure bicycle rack near each customer entrance.

(f)

The development shall provide exterior pedestrian furniture in appropriate locations at a rate of at least one bench seat for every 10,000 square feet of gross floor area.

(14)

Traffic impacts. The applicant shall provide adequate funding to the city to hire a traffic engineer of the city's choice to complete a traffic impact analysis under the Wisconsin Department of Transportation guidelines. The traffic impact analysis shall consider the parking lot 100 percent full for level of service analysis. Where the project will cause off-site public streets or intersections to function below Level of Service C, as defined by the Institute of Transportation Engineers, the plan commission may deny the application, require a size reduction in the proposed development, or require that the developer construct and/or provide funding for off-site transportation improvements.

(15)

Stormwater management. A stormwater management plan shall be submitted to and approved by the city engineer. Stormwater detention or conveyance facilities shall be integrated into the overall site design. Maintenance of such features shall be borne by the developer or property owner, unless such facilities are dedicated and accepted by the city as part of a regional system. If the proposed site is within a zone of contribution for a Sturgeon Bay municipal well (as identified in the Sturgeon Bay Wellhead Protection Plan), the stormwater management plan shall be reviewed by Sturgeon Bay Utilities and shall include measures designed to prevent contaminants from parking areas and other sources from reaching the groundwater both during and after construction.

(16)

Vacation of existing sites. Where a building is proposed as a replacement location for a business already located within the city, the following shall apply:

(a)

There shall be no privately imposed limits on the reuse of the previously occupied building through conditions of lease or sale.

(b)

Maintenance plan. If the relocated business owns, or is still subject to a lease for, the vacated site, a maintenance plan for the vacated property shall be submitted and approved. Such plan shall indicate how the property will be maintained by the property owner or vacating tenant, including but not limited to building repairs, parking lot surfacing, and maintenance of landscaping. If the property is not in compliance with the approved plan, the city may take action to correct the situation, after providing the owner or operator with notice of the defective condition and an opportunity to cure the alleged defective condition. Costs of any such corrective action by the city shall be assessed as a special charge against the property, to be added to the property tax bill pursuant to § 66.0627, Wis. Stats.

(c)

Reuse/removal. If the relocated business owns, or is still subject to a lease for, the existing site, a plan for the building's reuse or removal shall be submitted and approved. If the building remains vacant for more than 30 months, the city may utilize redevelopment funds or other funds which may be made available for such purpose, to take whatever action is permitted by law to assure appropriate redevelopment or reuse of the facility.

(17)

Alternative design. In order to provide flexibility and allow for unique designs, the plan commission may modify specific design provisions of this section, provided that the purpose and intent of these requirements is met or exceeded.

(18)

Future renewal. The applicant for a large retail building shall include a renewal plan that will afford the maximum opportunity, consistent with the needs and plans of the city, for the redevelopment of the building in the event of closure or relocation by the original occupant. The plan shall indicate that the renewed occupancy of the building will not be privately restricted and shall include a maintenance plan relating to the continued upkeep of the property, including the building, parking area, landscaping, and signage. If the building remains vacant for more than 30 months, the city may utilize redevelopment funds or other funds which may be made available for such purpose, to take whatever action is permitted by law to assure appropriate redevelopment or reuse of the facility.

(19)

Fiscal and economic impact analysis. The analysis should determine the existing, projected and optimum type, nature and square footage for commercial/retail capacity. The analysis shall take into account the demographics, income levels, current and projected for 20 years from the date of submittal. Said analysis shall aid in determining a saturation/capture report. An application for a large retail development will not be received by the city unless it is accompanied by the fiscal and economic impact analysis. Any entity intending on making application shall contact the community development director and provide the funds for the city, who will commission a third party to perform the analysis. The city will provide the completed analysis to the applicant governed by section 20.41 which shall be incorporated into the submitted plan by the applicant. The city in its sole discretion shall determine the scope and matter of the fiscal and economic analysis. In determining the parameters of the analysis, the city staff shall consider and make a recommendation to the common council on any other recent impact analysis for a similar project and, as applicable, may incorporate pertinent data from such analysis into the parameters of the required fiscal and economic impact analysis. The analysis shall be based upon criteria established by the city and shall include but not be limited to:

(a)

Projected costs to the city arising from required infrastructure improvements, including operating and maintenance of necessary infrastructure.

(b)

Projected costs to the city arising from increased demand for city services (emergency services, stormwater management, snow removal, etc.).

(c)

Projected tax revenue to the city generated by the large retail development.

(d)

Projected impact on land values of commercial and residential properties affected by the large retail development, including the value of any building to be vacated by a replacement site.

(e)

Comparison of the projections of the taxes and other revenue to the city against the costs.

(20)

Environmental impact analysis.

(a)

Environmental analysis form. In order to inform the plan commission and developer about the potential impacts to the natural and cultural environment, the applicant shall complete and submit an environmental analysis form. The environmental analysis form shall be obtained from the community development department (based on [the] Environmental Analysis Questionnaire used by Wisconsin DNR under WEPA). The analysis form shall be completed by a qualified engineer and shall be used to assess the potential environmental impact of the proposed large retail establishment.

(b)

Review and comment period. After the submitted environmental analysis form has been deemed complete by the community development director, a notice of request for comments on the environmental analysis form shall be published as a Class I notice. The notice shall state the availability of the environmental analysis form for review by interested parties and provide a 30-day period from the date of publishing for comments to be submitted. The notice shall also be sent to any parties who have requested notification and may be sent to any local, state or federal agencies with jurisdiction in the subject matter.

(c)

[Consideration by plan commission.] The environmental analysis form and any submitted comments shall be considered by the plan commission during its review of an application for a large retail establishment. If the plan commission finds that the proposed project will result in significant undesirable environmental impact, it may deny the application or may require measures to mitigate such impact. The plan commission may also require the applicant to provide adequate funding to the city to hire a consultant to complete additional analysis for any environmental aspect for which greater study is warranted. The additional analysis may include the completion of an environmental impact statement (EIS) following National Environmental Policy Act standards.

(d)

[Waiver.] The requirement for an environmental analysis can be waived at the sole discretion of the plan commission.

(Ord. No. 1138-0205, § 1, 2-1-05; Ord. No. 1173-0906, §§ 1—4, 9-20-06; Ord. No. 1188-0807, §§ 1—3, 8-21-07; Ord. No. 1191-1207, § 1, 12-4-07; Ord. No. 1201-0608, § 1, 6-3-08)