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Home My WebLink AboutItem IPLAN COMMISSION STAFF REPORT APRIL 20, 2021 ITEM I: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR COMMERCIAL OUTDOOR ENTERTAINMENT USE AT 2126 ALGOMA BOULEVARD GENERAL INFORMATION Applicant/Owner: Sherrie Dewhurst – Northside Bar N Grill Action(s) Requested: The applicant is requesting a Conditional Use Permit for an outdoor commercial entertainment use. Applicable Ordinance Provisions: Outdoor Commercial Entertainment land uses are permitted only through a Conditional Use Permit 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 0.59 acre site is located at the southeast corner of Algoma Blvd. and Wilson Ave. The site consists of a 1,298 sq. ft. bar (Northside Bar N Grill) and associated parking area. The surrounding area consists predominantly of residential and vacant land uses and Riverside Cemetery to the west. Subject Site: Existing Land Use Zoning Bar/Restaurant UMU Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning: Existing Uses Zoning North Vacant UMU South Single family residential UMU West Riverside Cemetery I East Single Family Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Neighborhood Commercial Page 1 Item I – CUP 2126 Algoma Boulevard 2 ANALYSIS Use/Site Design The applicant has submitted plans for a series of outdoor music events at Northside Bar N Grill. Outdoor Commercial Entertainment requires a Conditional Use Permit (CUP) in the Urban Mixed Use District (UMU) zoning district. The applicant plans to have 6 outdoor music events (live bands) in 2021 with an expected attendance of 200 people per event with music being played 7:00 PM – 11:00 PM. The applicant notes that the band will set up on the east side of a tent, facing west (toward the bar). All events will be subject to the City of Oshkosh noise ordinance. According to the site plan, a 30’ X 50’ will be placed on the east side of the building, approximately 48’ from the east property line. The applicant will be required to place the band/tent at least 50’ from the east property line as Outdoor Commercial Entertainment areas may not be located closer than 50’ to residentially-zoned properties. Staff is recommending a condition that the tent/stage be removed after each event has ended. The applicant has noted that they have spoken with neighboring property owners, who were supportive of the proposed events. Parking There will be no changes to the existing parking area, other than the four eastern stalls being closed off with snow fencing during events. The applicant has noted that overflow parking at neighboring properties will be utilized for customers/employees with a shuttle and the bar will also use services of the Safe Ride program for customer transportation on nights of the events. Landscaping Outdoor Commercial Entertainment uses are required to provide a minimum 0.4 opacity bufferyard along all areas of the outdoor activity area abutting residentially-zoned properties. The applicant will need to provide new landscaping and/or fencing to meet the 0.4 opacity bufferyard requirement along the east property line. With a 50’ wide bufferyard and 50’ long event area, this requirement could be met with 149.5 landscaping points (example: 5 arborvitae trees). 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. Page 2 Item I – CUP 2126 Algoma Boulevard 3 (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. (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 2126 Algoma Boulevard as proposed with the findings listed above and the following conditions: 1. Event tent and stage shall be placed a minimum of 50’ from the east property line. 2. Event tent and other temporary structures shall be removed from the site after the event has ended. 3. Landscaping and/or fencing shall be provided on the east side of the event area to meet the 0.4 opacity bufferyard requirement. 4. All events are subject to the City of Oshkosh noise ordinance. Page 3 Page 4 Page 5 Page 6 Page 7 CUP 2126 ALGOMA BLVD PC: 04-20-2021 CATHOLIC CEMETERIES OF OSHKOSH INC 1025 W 5TH AVE OSHKOSH, WI 54902 JARMEN R/TRACY A WALTER 2020 WILSON AVE OSHKOSH, WI 54901 TK COMMERCIAL INVESTMENTS LLC 1934 ALGOMA BLVD OSHKOSH, WI 54901 PETER J SAMIDA 2031 WILSON AVE OSHKOSH, WI 54901 SCOTT A/LISA H HUTCHINSON 2021 WILSON AVE OSHKOSH, WI 54901 JESSE J WILLIAMS 2038 ROOSEVELT AVE OSHKOSH, WI 54901 SCRAPPYS LLC 1537 FAIRLAWN ST OSHKOSH, WI 54902 JESSE J/SAMANTHA E WILLIAMS 2038 ROOSEVELT AVE OSHKOSH, WI 54901 NORTHSIDE BAR N GRILL LLC 2002 ALGOMA BLVD OSHKOSH, WI 54901 Page 8 ALGOMA BLVDALGOMA BL VDHAMILTON STHAMILTON STWINCHESTER AVWINCHESTER AV WILSON AVWILSON AV ROOSEVELT AVROOSEVELT AVCLOVER STCLOVER STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 120 ft1 in = 0.02 mi¯2126 ALGOMA BLVD2126 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 9 I SR-9 SR-5 I SR-3 SR-3 UMU I-PD UMU MR-12 DR-6 SR-5 MR-12-PD MR-20 DR-6 UMU-PD SR-3-PD MR-12-PD SMU-PDSMU Oshkosh City LimitOshkosh City LimitAALL GGOOMMAABBLLVVDDW LINWOOD AVW LINWOOD AV W MURDOCK AVW MURDOCK AVMINERVA STMINERVA STSHERIDAN STSHERIDAN STHAMILTON STHAMILTON STCRANE STCRANE STPLYMOUTH STPLYMOUTH STCLOVER STCLOVER STWILSON AVWILSON AV ROOSEVELT AVROOSEVELT AV COLUMBIA AVCOLUMBIA AV MARQUETTE AVMARQUETTE AV HHOOLLLLIISSTTEERR AA VVVVEETTEERRAANNSS TT RR WINCHESTER AVWINCHESTER AV RR IIVV EE RR MMIILLLLRR DD WINCHESTER AVWINCHESTER AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 500 ft1 in = 0.09 mi¯2126 ALGOMA BLVD2126 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 10 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 3/26/2021 1 in = 100 ft1 in = 0.02 mi¯2126 ALGOMA BLVD2126 ALGOMA BLVD City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer Page 11