HomeMy WebLinkAboutItem VIPLAN COMMISSION STAFF REPORT MAY 19, 2020
ITEM VI: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN
OUTDOOR COMMERCIAL ENTERTAINMENT USE AT 701 N. MAIN
STREET
GENERAL INFORMATION
Applicant: AIA - Dan Meissner
Owner: 701 Main INC - Sean Felker
Action(s) Requested:
The applicant is requesting a Conditional Use Permit to establish a tavern with an outdoor
commercial entertainment use.
Applicable Ordinance Provisions:
Outdoor commercial entertainment land uses are permitted only through a Conditional Use
Permit (CUP) in the Urban Mixed Use District (UMU) as regulated in Section 30-53 (C) of the
Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the
Zoning Ordinance.
Property Location and Background Information:
The subject site consists of two parcels totaling approximately 0.18 acres, currently in the
process of being combined, at the northwest corner of N. Main Street. The site has an Urban
Mixed Use (UMU) zoning designation while the 2040 Comprehensive Land Use Plan
recommends Center City use for the site. The subject site previously had mixed use buildings
on both lots, including Mabel Murphy's tavern, which were razed in 2019 due to fire damage.
ubject Site:
Existing Land Use Zoning
Vacant UMU
Adjacent Land Use and Zoning:
Existing Uses
Zoning
North
Commercial
UMU
South
Commercial
UMU
West
Mixed Use
UMU
East
Commercial
UMU
Comprehensive Plan Land Use Recommendation
Land Use
2040 Comprehensive Land Use Plan Recommendation
Center City
Paqe 1
ANALYSIS
Use
The applicant has been working with City staff on plans to rebuild the former Mabel Murphy's
tavern. The submitted plans include enclosed and open outdoor patio areas. The outdoor patio
areas are considered outdoor commercial entertainment, which requires a conditional use
permit in the UMU district.
Site Design
The proposed tavern will be constructed in the same location as the original Mabel Murphy's
building. The plans also include a 15' X 72' patio area on the north side of the building,
including a 34' X 8' enclosed patio area attached to the building.
Required
Provided
Front Setback (east)
Even with principal
Even with principal
structure
structure
Even with principal
Behind principal
Street Side Setback (south)
structure
structure
Side Setback (north)
0 or 5 ft. min.
39 ft.
Rear Setback (west)
5 ft. min.
25 ft.
Impervious Surface
85% max.
44.7%
The proposed patio area is in line with the front (N. Main St.) setback of the main building and
meets side/rear setback requirements for the UMU district. The total proposed impervious
surface area for the site is well under the maximum. The site plan also shows a dumpster
enclosure on the west side of property with a setback of 3.1', where a 5' rear setback is required.
The dumpster enclosure location can be addressed during the Site Plan Review process.
Access & Circulation
The proposed site plan includes a driveway access from an existing curb cut on W. Irving
Avenue for access to a dumpster enclosure. The Department of Public Works has reviewed the
plan and noted that the access/dumpster enclosure will not be allowed as proposed, as it will
result in vehicles backing into the public right-of-way. Refuse enclosure placement/access will
be addressed during the Site Plan Review process.
Parkin
The applicant is not proposing any parking on the site. Customer/employee parking is not
required as the property is located within the Parking Requirement Exemption Overlay.
Signage and Lighting
The applicant's submittal does not include a sign package. Any signage will need to meet the
signage requirements for the UMU District.
Item VI— CUP/Outdoor Commercial Eiitei-tainmeiii — 701 N Main 5t. 2
Paqe 2
A lighting plan has not been submitted. As no parking area is being provided, exterior lighting
is not required. If provided, lighting will need to be in compliance with City lighting
requirements and addressed during the Site Plan Review process.
Storm Water Management
The applicant has been in contact with the Department of Public Works regarding storm water
management for the site. Plans will be required and reviewed during the Site Plan Review
process.
Landscaping
Building foundation and yard landscaping points are required for the proposed patio area.
Landscaping required for the new tavern building will be addressed during Site Plan Review.
Points Required
Points Provided
Building Foundation
40.8
62
Yards
10.8
59
Total
51.6
121
Building Foundation
The provided landscaping plan meets the code requirement of 40 building foundation
landscaping points per 100 linear feet of foundation of the patio area.
Yards
The provided landscaping plan meets the code requirement of 10 yard landscaping points per
1,000 square feet of gross floor area of the patio.
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional
Use Permit, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the
character of the neighborhood, environmental factors, traffic factors, parking, public
improvements, public property or rights -of -way, or other matters affecting the public
health, safety, or general welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on, any of the improvements, facilities, utilities or services
provided by public or private agencies serving the subject property.
Item VI— CUP/Outdoor Commercial Eiitei-tainmeiii — 701 N Main 5t. 3
Paqe 3
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant's proposal and any
requirements recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit for an outdoor commercial
entertainment use at 701 N. Main Street as proposed with the findings listed above.
Item VI— CUP/Outdoor Commercial Eiitei-tainmeiii — 701 N Main 5t. 4
Paqe 4
SUBMIT TO:
City of Oshkosh Application Dept_ or Community Development
Ci 215 Church Ave., P.Q. Box 1 130
o€ Conditional Use Permit Oshkosh, Wisconsin54903-1130
Oshkosh PHONE: (920) 235-5059
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner_ 0ANIeL�AIA Date:
L,l-(0-20
Petitioner's Address: !230 5, CAS.-LIN 62: City: State: W1 Zip'�471�. r
Telephone #: ( 2t�i �2�'��1 2 Email: 4Ai'c1-rne,*i6ner P Contact preference: Phone ❑ Email
Status of Petitioner (Please Check): E Ownert, 'Representative j Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Date: 6 - eo
Owner's): 6 L) - -T O 1 IV 6 rNINC, Date: 41 'Za
Owner(s) Address: t511J+N 1oZh City, 051414?H State: W I 7ip:'5 qOZ
Telephone #:,ego) 2711-77q T Email: MQ_bti ML&f hn S Contact preference: Phone ❑ Email
C& y4hx - cam
Ownership Status (Please Check): :i Individual '_] Trust E Partnership Acrorporation
Property Owner Consent: (required)
By signature hereon, l/We acknowledge that City officials and/or employees may, in the performance of their functions,
enter upon the property to inspect or gather other information necessary to process this application. I also understand
that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions
or other administrative reasons.
Property Owner's Signature: Date: �d
SITE INFORMATION
Address/Location of Proposed Project: 7a [ MAIN 5 i 05H V105H l&
Proposed Project Type:
T"
Current Use of Property: Zoning:
Land Uses Surrounding Your Site: North: C 0 A4r 0C-1A L.
South: Ir
East:
ri
West: r r
**Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
y Application fees are due of time of submittal. Make check payable to City of Oshkosh.
> Please refer to the fee schedule for appropriate fee_ FEE IS NON-REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/Community-Deveiopment/Planning,htm
Staff Date Rec'd
Paq�
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
t. Health, safety, and general welfare of occupants of surrounding lands.
Nib f;"3e)1aP\AE-�-
2. Pedestrian and vehicular circulation and safety.
f!
3. Noise, air, water, or other forms of environmental pollution.
it
4. The demand for and availability of public services and facilities -
If
5. Character and future development of the area.
11
SUBMITTAL REQUIREMENTS - Must accompany the application to be complete.
(Submit only digital files. Please note at the discretion of Community Development stab may request a hard copy)
y A narrative of the proposed conditional use and project including:
L Proposed use of the property
W� Existing use of the property
GY Identification of structures on the property and discussion of their relation to the project
CY Projected number of residents, employees, and/or daily customers
❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and
acreage to the nearest one -hundredth of an acre
L_ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc_
CT� Surrounding land uses
CY- Compatibility of the proposed use with adjacent and other properties in the area.
a— Traffic generation
t- Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
A complete site plan including:
❑ Digital plans and drawings of the project
Ll Title block that provides al€ contact information for the petitioner and/or owner, if different
❑ Full name and contact information of petitioner's engineers/surveyors/architects, or other design professionals used in
the plan preparation
The date of the original plan and latest date of revision to the plan
❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (i "=60') unless
otherwise approved by the Department of Community Development prior to submittal
L1 All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
❑ All required building setback and offset lines
❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks,
patios, fences, walls
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a
summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning
Ordinance
❑ Location and dimension of all loading and service areas on the subject property
o Location, height, design, illumination power and orientation of all exterior lighting on the property including a
photometrics plan
❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where
applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not
limited to, HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators,
generators
2
Paqe 6
April 4, 2020
Mabel Murphy's
701 N Main Street
Oshkosh, WI
RE: CONDITIONAL USE PERMIT APPLICATION — OUTDOOR ENTERTAIMENT
The new building proposed will replace the facility lost to the recent fire. The proposed use will
remain an A-2, Bar/ Pub. The building will be constructed within the same footprint as the
original building being replaced. This request is for the outdoor entertainment area that is
proposed as a part of the new building layout. The outdoor patio is planned to be
approximately 900 sf. It will be used for the service to approximately 32 patrons with 4
employees servicing the area. The layout is as proposed on the floor plan attached. The hours
of operation for the outdoor entertainment area will be between 3 pm to close each day.
The use of the facility and the outdoor entertainment area are consistent with the existing
commercial corridor of this area. There will not be any adverse effects; noise, glare, odor,
fumes, vibrations or environmental pollution caused by the presence of the outdoor
entertainment area. The area is a small component of the proposed use. The area will be
fenced at its perimeter so there will not be any pedestrian or vehicular circulation and safety
issues. The building has two public street frontages as well as paved access and parking
available for public and emergency services.
The new facility will maintain the character of the neighborhood and complements the existing
architectural vernacular. The classic design and the materials used well suit the potential future
development of the existing commercial corridor as well.
The proposed facility, its layout and use will reinstate a popular, well -liked neighborhood icon.
The Owners' are very proud of their history in Oshkosh and very much look forward to
continuing to be a major share of the City of Oshkosh neighborhood fabric.
Paqe 7
.-° q—w"'"" Wd Xlrillfl / 311S
L9L5-099-OZ6 x d 59LS-595-OZO Hd
£1Eb91M'Reg uaai�yno��apia4osleS 09ZZ I H nI �I
IVIN3WNOHIAN3.ONIA3A8nS-0-33NION3 NOliaa V ONlc lna
MIHOVVY
d3NSS13W f -131NVO
a
O N < LU j()
Y
} p w
LLI(_(()Sao
_ - a( '¢zaaLL2
. om o p ao 0 0� o o _ _
cn000 0000 000 00lbO0 p 00 aQ N w
w
I s
°
o
m �, v
v
IFF
- - 133d1S NIVW N - ,
°
°
I
F
I ,
a
_ .\1 v alr mLL z I I
1 -� r III
w
1 �
» I h
jji�. -
Lui
z
I
° = h I =
° II
- - - - - - - - e =
y �o
LL
w°'-q-w"'""
L9L5-099-OZ6 xQJ 59LS-595-OM Hd
NVId 3dV�S4NVl
£1Eb91M'Reg uaai�yl,o��apia4osleS 09ZZ
1V1N3WNOCIAN3.ONI-AdnS-D-33NIDN3
I H
NO+laa V eNicnna
SI.lHddflW �D8b'W
J
H^V�
��,,JJ
d3NSS13A f 131NVO
F= _
wgc aKLL -
u ��wN m��ov xramsaa��z^c�a Dina
- a?
m g<oi�
odQoo - sa o50
-
a -
z xo�vi� ss rm�� r�omso
W
U) - -
in
s avow - -
a 5 F a
5wn -tea¢ -- ao -
-ss
—O
(nl;;
CUP
701 N MAIN ST
PC: 05-19-2020
NIKUNJ/KIRTIDA RINGWALA
3100 OLD ORCHARD LN
OSHKOSH WI 54902
THOMAS G TAGGART ETAL
695 N MAIN ST
OSHKOSH WI 54901
AIA, LLC
ATTN: DANIEL MEISSNER
1230 E CALUMET ST
APPLETON WI54915
ALL STAR INSURANCE SERVICE LLC JERICHO ROAD MINISTRIES INC
5899 HELM RD 400 N SAWYER ST
WINNECONNE WI 54986 OSHKOSH WI 54902
SANDOVAL REAL ESTATE
OSHKOSH LLC
715 N MAIN ST
OSHKOSH WI 54901
THOMAS J BOLLOM
10 W IRVING AVE
OSHKOSH WI 54901
STIEG PROPERTIES LLC
306 SARATOGA AVE
OSHKOSH WI 54901
701 MAIN INC
ATTN: SEAN FELKER
511 W 10TH AVE
OSHKOSH WI 54902
Paqe 10
M
KJ
n� 5
102.0'
n;L.
o N
102.0'
El
102, 0'
^vr
102, 0'
j J�
r`I
102.0'
�
102.0'
El
N
1020'
IW0
N _
r M N
lozo' N r
020'
5
Ep. ISUBJECT
MEW
SITE
116 114
02A
102
M
EALr
zoa.o'
M
M
M a
20' M
O
mzo'
N
n 18
120.0'
84.0' 18.0'
10 0•
b
F10.0'
66,05,
18
14
10
6
0
WARM
G A
119A
115
109
697
37.5'
87.5'
695
co
co
693
m
�
❑
691
n5
5362'
�'S3�625'
107.2 7
b
`�°
679
M
0000 000 ro 00
683E
10T25'
❑
677
FT
0 0 0 0
non
683A
673
Z
LO
o
Z_
O 1o7zs
669
ca
nLo
s.o'
tn0
Q
667
Cl
665
175.0'
c
17665A
665
107.25'
ML
0 0107,25'
I
651
�
50.0'
N ❑
150.0• 114.0'
0000 0
�� rn
738 ° ❑
736
734 12 M
732
N-AY-
N 7 11 17 �2
�
N 6.
V o
132.0' 66.0'
66.0'
LX
0 F2A]
10 0
RVI N
720.0'
0)
19
120-
688
120.0•
co
00
0.0,
1200
a
a
1za o
12UD•
a
120A'
a
a
120.0'
zo.o•
a
120.0'
a
120.0'
119 94'
0
119.96'
/19 98'
1 in = 0.02 mi
tin=120ft
City of Oshkosh maps and data are intended to be used for general identification purposes only, and
the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 4/22/2020
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
y/ 38.5'
O�7
55
1LL
W
ILL
W
o
.01
FT 0
Z
0 0
O12
co
LU
LL
U. o
W
6 8A
668C
Cit0
Oshkosh
J:\GIS\Planning\Plan Commission Site Plan Map Template\2020 Plan Commission Site Plan Map Template.mxd P a0e '-Jsicjar
I
' ��■���' S U BJ E
SITE
t I
ME
inuisrianningvian t ommission site rian wrap iempiate\zuzu rian t ommission bite Tian wrap iempiate.mm r aqe 1 -j