HomeMy WebLinkAbout30. 21-226APRIL 27, 2021 21-226 RESOLUTION
(CARRIED__5-2_____LOST_______LAID OVER_______WITHDRAWN_______)
AS AMENDED
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR COMMERCIAL
OUTDOOR ENTERTAINMENT USE AT 2126 ALGOMA
BOULEVARD
INITIATED BY: NORTHSIDE BAR N GRILL
PLAN COMMISSION RECOMMENDATION: Denial
WHEREAS, the Plan Commission finds that the Conditional Use Permit for
commercial outdoor entertainment at 2126 Algoma Boulevard, is consistent with the
criteria established in Section 30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit for commercial outdoor entertainment use at 2126
Algoma Boulevard is hereby approved, per the attached, with 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 and all Commercial
Outdoor Entertainment events are required to end by 10:00 pm.
5. All outdoor entertainment related sound equipment must be oriented to the west
and away from the residential area.
6. Conditional Use Permit for Commercial Outdoor Entertainment is limited to four
events per year.
7. Conditional Use Permit shall only be valid for 1 year and expires 4/30/2022.
Bold and Italics Indicates Amendment
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: April 22, 2021
RE: Approve Conditional Use Permit for Commercial Outdoor Entertainment Use at
2126 Algoma Boulevard
BACKGROUND
The applicant is requesting a Conditional Use Permit (CUP) for an outdoor commercial
entertainment use. The 0.59 acre site is located at the southeast corner of Algoma Boulevard and
Wilson Avenue. 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.
ANALYSIS
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 six outdoor music events
in 2021 with an expected attendance of 200 people per event with music b eing played from
7:00pm until 11:00pm. The applicant notes that the bands 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’ tent 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 E ntertainment 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.
Plan Commission discussed several aspects related to the proposed Conditional Use Permit
amendment at their April 20, 2021 meeting, which result in two additional conditions being
added.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
All outdoor entertainment related sound equipment must be oriented to the west and
away from the residential area.
Conditional Use Permit for Commercial Outdoor Entertainment is limited to 4 events per
year.
Even with the inclusion of the additional conditions the Plan Commission vote d 5-4 to
recommend denial of the CUP. Plan Commission members identified criteria for finding
number (2) two as not being meet.
(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.
RECOMMENDATION
The Plan Commission recommended denial of the conditional use permit as amended at its
April 20, 2021 meeting. Please see the attached staff report and meeting minutes for more
information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR
COMMERCIAL OUTDOOR ENTERTAINMENT USE AT 2126 ALGOMA
BOULEVARD
Plan Commission meeting of April 20, 2021.
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
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.
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.
The Plan Commission recommended denial of the Conditional Use Permit as requested at its
April 20, 2021 meeting. The following is the Plan Commission’s discussion on the item.
Site Inspections Report: Ms. Propp and Council Member Ford reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit for an outdoor commercial entertainment
use at 2126 Algoma Boulevard.
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 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. He said that staff recommends approval
of the proposed Conditional Use Permit for an outdoor commercial entertainment use at 2126
Algoma Boulevard with the findings and conditions listed in the staff report.
Ms. Propp opened up technical questions to staff.
Council Member Ford informed the group that he received a letter and a call from a neighbor
showing concern. He asked what the difference is between a conditional use permit and a
temporary use permit.
Mr. Lyons said that difference is a temporary use permit allows 3 events and a conditional use
permit allows the 6 events they are looking for.
Item I – CUP 2126 Algoma Boulevard 4
Council Member Ford asked if it was possible to have a concert that is compliant with the noise
ordinance.
Mr. Lyons said that the compliance with the noise ordinance has to do with the time restriction
on when the event must end, either 10pm or 11pm depending on a week day vs. a weekend.
Mr. Mitchell said that in a similar arrangement in Appleton, they have restrictions on what days
the events are allowed to take place. Do we impose any restrictions that would allow the event
to take place on a Thursday, Friday or Saturday?
Mr. Lyons said that restricting days is not directly related to land use since the land is the same
on a Monday as it is on a Saturday.
Mr. Perry stated that he drives past the location quite often and he sees tents up regularly. He
asked if this was something new or is it something that is being rectified.
Mr. Lyons said they have applied for temporary use permits. This is taking it from the
maximum of 3 events to the 6 requested.
Mr. Perry asked if the tent would be up all summer.
Mr. Lyons clarified that one of the conditions is that any temporary structures must be removed
after the event.
Mr. Mitchell said that one of the neighbor concerns was the potential for the guests to be
spilling onto the properties causing littering and concern for conduct. He wants to know if this
is something the Plan Commission board looks at or is the owner suggesting anything to help
address the concerns.
Mr. Lyons said the owner has shared some information on how to handle it. One way the board
could get involved is review or revocation of the permit if it became an issue.
Mr. Hinz asked if anyone has talked to Traffic or OPD about the potential concerns.
Mr. Lyons said they reached out to OPD and did not have any concerns from them.
Ms. Propp asked if the tent would be directly behind the building and not in the grassy lot next
to it.
Mr. Lyons said it would be behind the building south of the parking lot. They would have a tent
for the patrons and a tent for the band.
Ms. Propp said the area is limited and small and she doesn’t understand how they can squeeze
in a tent and so many patrons. She wanted to know how they could have a buffer fence between
now and a few weeks from now.
Mr. Lyons said that similar to new developments, the code does have a minimum height at the
time of planting for landscaping.
Item I – CUP 2126 Algoma Boulevard 5
Mr. Mitchell asked if there was a way to require the direction of speakers and lights not facing
the residents directly.
Mr. Lyons said that would be a reasonable land-use related condition.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Sherrie Dewhurst, owner/applicant, said they have had a tent in the past in the same area. They
try and resolve concerns whether it’s the noise or garbage. When the cops got called on April
10th, it was when the band was leaving. She said she would be able to get cones to help with the
parking concerns. She has no issue with the fencing but is unsure of what route to go. The
speakers would be facing the bar and not any residents. She has contacted local cabs to help
with safe rides homes for patrons.
Scott Hutchinson, neighbor, said he and his wife Lisa have several objections to the conditional
use permit. 11pm is an unreasonable time to allow the event to end at and disrupts their quality
of life. 6 events is also a negative effect on the neighbors. Wilson Avenue gets congested and
caused parking issues for the residents. He also raises concern for intoxicated drivers. There has
been inappropriate behavior from patrons while drinking.
Samantha Williams, neighbor, stated her and her husband both work weekends and can hear
the music in their house. The garbage in their lot has not been picked up and patrons have been
using their lawn to get to the bar.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
Mr. Lyons clarified for the applicant that the snow fencing would not be sufficient and that
either a solid fence or landscaping would be acceptable.
Ms. Propp asked how high the fencing would need to be.
Mr. Lyons replied that it would need to be six feet to meet the buffer requirement.
Ms. Dewhurst asked if the fencing would have to just go on the east side or if it would include
the south.
Mr. Slusarek clarified that it would just have to be on the east side.
Ms. Dewhurst said that she is trying to resolve all neighbor concerns and stated she went out
April 11th to pick up garbage from the event the night before. She did not go up on the
Williams side but will make a point to do so.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Ford.
Item I – CUP 2126 Algoma Boulevard 6
Ms. Propp asked if there was any discussion on the motion.
Mr. Mitchell asked about adding the condition to not have the lighting and speakers directed at
the neighbors and wanted to know how to add that condition.
Mr. Lyons said that they would need make a motion to add condition number 5 requiring the
stage and equipment be directed at the bar.
Mr. Mitchell added an amendment to add condition number 5 that stage lighting and audio be
directed at the bar.
Mr. Coulibaly seconded the amendment.
Amendment carried 7-1 (Nay Perry).
Mr. Ford Stated that the main concern is with condition number 2. It seems like the route of a
temporary use permit would be a better fit for the neighborhood and not stop them from not
having their outdoor events.
Ms. Propp stated she drove by the site and is appalled. The site is far too small for what they
want to do there. One of her criteria is would she mind living there as a neighbor if she had to
live there. She said that 6 events is far too many. If there is an option for the temporary use
permit that would be fine.
Mr. Coulibaly said he saw 3 major issues with the neighbors. The trash, parking and noise. He
said he saw an attempt with the owner to resolve these concerns but saw no effort with the
neighbors to compromise. He asked for more clarification on the fencing.
Mr. Lyons said the code requirement is a solid wood fence.
Mr. Coulibaly said the fence would not stop the noise from traveling.
Mr. Lyons said the six foot fence would help, but he’s not sure to what degree.
Mr. Perry asked if there are any restrictions to the number of temporary use permits in a
calendar year.
Mr. Lyons said code allows 3 temporary use permits.
Mr. Kiefer said that he agrees with Mr. Ford’s comments on how the conditional use permit
would negatively affect the neighbors.
Mr. Mitchell asked about the recourse of revoking the conditional use permit if the owner does
not follow the conditions.
Mr. Lyons said the neighbors would make the complaint to staff or council. The complaints
would be investigated and then if revocation seems appropriate, staff would initiate the
Item I – CUP 2126 Algoma Boulevard 7
revocation and it would come back to Plan Commission and ultimately Council would make
the decision.
Mr. Mitchell noted that having another live music venue would be an asset. He is in support of
the proposal especially since if the owner doesn’t meet the conditions, they can revoke the
conditional use permit.
Mr. Marshall said that if they can find a way to compromise, they should do that. He can
empathize with both parties and recommends a way to compromise.
Ms. Dewhurst stated that they are going to put up cones, and they will have security to help
with parking. They are going to do sound checks to make sure the neighbors are okay with the
noise. She asked for clarification on the temporary use permit be cause she thought they could
only play until dusk.
Mr. Slusarek explained that the temporary use permit does limit to daylight hours with only 3
per year.
Ms. Dewhurst said they only wanted to do 4 events.
Mr. Hinz made a motion to amend the conditions to only include 4 events.
Mr. Coulibaly seconded the amendment.
Amendment carried 7-2.
Mr. Hutchinson identified the issue with the music is the drum and bass guitar and that is what
carries into the neighborhood. He said that a fence isn’t going to help at all with the sound. He
appreciates the good will, but the music is going to be loud.
Motion failed 5-4 (Nay: Coulibaly, Ford, Kiefer, Perry, Propp).
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
ALGOMA BLVDALGOMA BLVDHAMILTON STHAMILTON STWINCHESTER AVWINCHESTER AV
WILSON AVWILSON AV
R OO S E VE LT 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 ft
1 in = 0.02 mi¯2126 ALGOMA BLVD2126 ALGOMA BLVD
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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 ft
1 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
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 ft
1 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