HomeMy WebLinkAbout12. 20-219 MAY 26, 2020 20-219 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ALLOW OUTDOOR
COMMERCIAL ENTERTAINMENT AT 701 NORTH MAIN
STREET
INITIATED BY: 701 MAIN INC- SEAN FELKER
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the Conditional Use Permit to allow
outdoor commercial entertainment at 701 North Main Street,is consistent with the criteria
established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit is hereby approved to allow outdoor commercial
entertainment at 701 North Main Street, per the attached.
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons
Planning Services Manager
DATE: May 21, 2020
RE: Approve Conditional Use Permit for an Outdoor Commercial Entertainment Use
at 701 N. Main Street (Plan Commission Recommends Approval)
BACKGROUND
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.
ANALYSIS
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 (CUP) in the UMU district. 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. The
proposed patio area is in line with the front 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. 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. The applicant is not proposing any parking on the site as it is not
required as the property is located within the Parking Requirement Exemption Overlay. Any
signage will need to meet the signage requirements for the UMU District. As no parking area is
being provided, exterior lighting is not required. If provided a lighting plan, lighting will need
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
to be in compliance with City lighting requirements and addressed during the Site Plan Review
process. 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. 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. The provided landscaping plan meets the code requirement of 40
building foundation landscaping points per 100 linear feet of foundation of the patio area. 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.
FISCAL IMPACT
Approval of this project should result in a small increase in assessed property value for the site
and should require no additional city service provision. The owner is anticipating spending
approximately $15,000 on the outdoor patio area.
RECOMMENDATION
The Plan Commission recommended approval of a Conditional Use Permit with findings at its
May 19, 2020 meeting. Please see the attached staff report and meeting minutes for more
information.
Respectfully Submitted,
Mark Lyons
Planning Services Manager
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://w .ci.oshkosh.wi.us
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR AN
OUTDOOR COMMERCIAL ENTERTAINMENT USE AT 701 N. MAIN
STREET
Plan Commission meeting of May 19, 2020
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.
Subject Site:
Existing Land Use
Zonin
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
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
Street Side Setback (south)
Even with principal
Behind principal
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.
Parking
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 — CUP/Outdoor Commercial Entertainment — 701 N Main St.
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 — CUP/Outdoor Commercial Entertainment — 701 N Main St.
(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.
The Plan Commission approved of the Conditional Use Permit as requested with findings
noted. The following is the Plan Commissions discussion on this item.
Site Inspections Report: Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit to establish a tavern with an outdoor
commercial entertainment use.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. 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. 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. He said 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 in the staff report.
Mr. Fojtik opened technical questions to staff.
Ms. Propp asked if the Conditional Use Permit (CUP) request was only for the patio and it was
not for authorizing bands or loud noise at this point.
Mr. Slusarek explained because the property is zoned Urban Mixed Use, any outdoor
entertainment use requires a CUP.
Ms. Propp asked if approval of music, bands, etc. would come later as part of the Planned
Development.
Mr. Lyons explained the CUP would be the final approval for the outdoor entertainment. He
said the applicant can use the outdoor entertainment for dining, music, etc. but would still have
to comply with all city ordinances including the noise ordinance.
Mr. Perry asked if the patio was going to be in the space the other building was in.
Item — CUP/Outdoor Commercial Entertainment — 701 N Main St.
Mr. Lyons replied affirmatively. He said it will be on the north side where the other building
used to sit.
Mr. Fojtik opened up the public hearing and asked if the applicant wanted to make any
statements.
There were no statements from the applicant.
There were no public comments on this item.
Mr. Fojtik closed the public hearing and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Mr. Fojtik closed public comments and asked if the applicant wanted to make any closing
statements.
There were no closing statements from the applicant.
Motion by Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Perry.
Mr. Fojtik asked if there was any discussion on the motion.
There was no discussion on the motion.
Motion carried 9-0.
Item — CUP/Outdoor Commercial Entertainment — 701 N Main St. 5
SUBMIT i0:
^A City of Oshkosh Application Dept of Community Developmen4
CiN 215 Church Ave., P.O. Box 1 130
of Conditional Use Permit Oshkosh, Wisconsin54903-1130
Oshkosh PHONE: (920) 235-5059
"*PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: A Date: -(0- 20
Petitioner's Address: nL J d 5. CAL-UM19 6f City: State: W1 Zip:.
Telephone #: l 1 2� Email: AIeCI-t'ne15 eI" P Contact preference: Phone ❑ Email
q:t-t -A et- .
Status of Petitioner (Please Check): :1 Owner 'Representative a Tenant ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
rid
Date: zy & _ ZQ
Owner(s). 5,6A N - 70 l MA Jai , INC Date:
Owner(s) Address: �5 1 1 IN 16zh City: 0S14Vi State: WL Zip: 15qq02
Telephone #: ago) 2-11-77R T Email: MQ_i'Je� 3�j 5 Contact preference: Phone ❑ Email
� yahc�, cam
Ownership Status (Please Check): :i Individual -i Trust C Partnership Azorporation
Property Owner Consent: (required)
By signature hereon, l/We acknowledge that City officials and/or employees may, in fhe 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:r+'' Date:
SITE INFORMATION
Address/Location of Proposed Project: 7O [ AAAC1 N 5 T 05 H V7 0-J/4 IN
Proposed Project Type: - 1 �.�G/�>ti Af/L-1
Current Use of Property: Zoning: C
Land Uses Surrounding Your Site: North: C 0 M M M FCC./A I,
South: li
Fast:
rr
West:
rr
"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.
> Application fees are due at 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 websife at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
Staff Date Rec'd
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
2. Pedestrian and vehicular circulation and safety.
11
3. Noise, air, water, or other forms of environmental pollution -
It
A. The demand for and availability of public services and facilities.
11
5. Character and future development of the area.
1)
SUBMITTAL REQUIREMENTS Must accompany the application to be complete.
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)
A narrative of the proposed conditional use and project including:
C Proposed use of the property
R,� Existing use of the property
Gv' Identification of structures on the property and discussion of their relation to the project
Y 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 on acre
L_ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, efc_
CT� Surrounding land uses
C3" Compatibility of the proposed use with adjacent and other properties in the area.
Lay Traffic generation
lff- 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
❑ Title block that provides all contact information for the petitioner and/or owner, if different
❑ Full name and contact information of petitioner's engineers/surveyors/archifects, or other design professionals used in
the plan preparation
❑ The dote 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 (t "=60') unless
otherwise approved by the Department of Community Development prior to submittal
❑ 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
Ll 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
LJ Location and dimension of all loading and service areas on the subject property
❑ 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
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 800 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.
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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 WI 54915
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
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