Will Dunkin' Donuts be allowed a drive-through in the Town of Waukesha?

Published on: 7/9/2013

Bringing a Dunkin' Donuts into the Town of Waukesha has been anything but easy for its officials.

The main issue has been related to a potential drive-through at S30 W24836 Sunset Drive. Dunkin' Donuts representatives have said that they don't plan on building without a drive-through. The proposed site in the Town of Waukesha is on a property that prohibits one. Because of this, the process is stalled and hasn't been presented to the town since an April meeting.

However, Dunkin' Donuts is now seeking approval of a rezone to remove the restrictions on restaurants with drive-through lanes and delete the necessity for administrative approval by the Waukesha County Department of Parks and Land Use.

A public hearing for the rezone will take place before the joint Plan Commission and Town Board meeting at 6:30 p.m. Thursday at Town Hall, W250 S3567 Center Road. The Town Board could then take action on the Plan Commission's recommendation.

Approval based on county

The Town Board approved the 5,040-square-foot, four-tenant retail building at its meeting in March with a drive-through window on the west side. But the approval was based on confirmation and allowance from Waukesha County officials that there are not any restrictions of a drive-through on that property that prohibits one.

There were restrictions that supersede town zoning as a way to regulate the use of property.

At that March meeting and in the days after, Jim Radke, owner of Le Caffe Bistro, S30 W24896 Sunset Drive Suite 101, who isn't allowed a drive-through at his location, questioned this pending drive-through.

He contacted Jason Fruth, Waukesha County planning and zoning manager, who told him the Waukesha County rezone ordinance from June 2004 contains a prohibition for restaurants with drive-throughs.

"There have been a couple of amendments to the zoning conditions of that site since that time, but I don't see anything that removed that particular condition," Fruth said at the time.

Fruth said the condition of any ordinance could always be modified, but would have to be initiated by the petitioner or landowner.

Support for rezone

That's what Dunkin' Donuts officials are trying to do, but they would still need town approval.

According to the rezone petition by Steve Sirkis the rezoning would benefit the town because "it would convert an underutilized parking lot into a productive asset that will provide local employment opportunities, additional shopping options and additional tax revenue to the Town of Waukesha."

This site is part of a large, multi-use planned unit development that includes the former Kohl's grocery store, now St. Vincent de Paul, a multi-tenant commercial building and the multi-unit senior residential development Berkshire on Sunset.

According to the Town of Waukesha Zoning Report, Roger Dupler and Fruth support the proposed rezone that would eliminate the drive-through restriction and eliminates the County Park and Planning Commission oversight on zoning matters for this parcel.

Needed updated plans

Dunkin' Donuts was first presented to the town in February but the Plan Commission and Town said it needed to update plans due to safety and traffic concerns after many spoke against the shop.

At that meeting, Radke said 120 people signed a petition opposing the Dunkin' Donuts for safety reasons.

"My concerns are with the traffic flow and the congestion," he said. "The main entrance is going to be through Sunset Drive. We have several businesses that are in there. Now you got all this additional traffic coming through the same entrance way and the same exit with a drive through."

Walgreens/Aldi

Also at the meeting, the Town Board and Plan Commission could approve the plan of operation for Walgreens and Aldi at the southwest corner of Sunset Drive and Genesee Road.

The Town Board approved a rezone and site plan of this property for Walgreens and Aldi in May.