HomeMy WebLinkAboutItem I
PLAN COMMISSION STAFF REPORT APRIL 19, 2022
ITEM I: PUBLIC HEARING: ZONE CHANGE FROM SINGLE FAMILY
RESIDENTIAL - 5 DISTRICT (SR-5) TO URBAN MIXED USE DISTRICT
(UMU) FOR PROPERTY LOCATED 2854 FOND DU LAC ROAD
GENERAL INFORMATION
Applicant: Game Time Sports Bar – Tom Castle
Owner: CGR Holdings LLC
Actions Requested:
The applicant requests a zone change from the existing Single Family Residential -5 District (SR-
5) Urban Mixed Use District (UMU) for property located at 2854 Fond Du Lac Road.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Background Information, Property Location and Type:
The subject area included in the zone change request consists of a vacant 0.51 acre lot with
frontage on Fond Du Lac Road. The site was previously used as a single family residence,
which was razed in 2021 according to building permit records. The surrounding area consists
primarily of residential uses along with commercial uses immediately to the north. The 2040
Comprehensive Plan recommends Light Density Residential use for the subject property.
Subject Site
Existing Land Use Zoning
Vacant SR-5
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial UMU
South Residential SR-5
East Vacant SR-5
West Multi-family residential SR-5
Recognized Neighborhood Organizations
None
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
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Item I - Zone Change – 2854 Fond Du Lac Rd.
2040 Land Use Recommendation Light Density Residential
ANALYSIS
The applicant is requesting this zone change to provide consistent zoning (UMU) with the property
immediately to the north, Game Time Sports Bar (2836 Fond Du Lac Rd). The applicant has
submitted preliminary plans for combination of the subject parcel with the property to the property
to the north to allow for a parking lot addition for the sports bar. According to the applicant, the
rezone and lot combination is needed to allow for additional parking spaces for bar staff and
customers.
Staff is supportive of the proposed rezone as it should serve to accommodate parking needs for the
site. Specifically, there is no on-street parking available along Fond Du Lac Rd. and the additional
parking stalls should provide the needed parking during peak times and prevent overflow parking
on the nearby residential street (Gibson Ct.). The 2040 Comprehensive Land Use Plan has the
property slated for light density residential. However, staff does not have concerns with proposed
rezone to UMU as the Comprehensive Plan is not intended to parcel specific and the rezone is
intended to allow for expansion of existing commercial use. A conditional use permit (CUP) will be
required for the proposed parking lot addition as the total number of parking stalls will exceed the
maximum allowed, based on the use of the building.
Rezone to
UMU
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Item I - Zone Change – 2854 Fond Du Lac Rd.
Conceptual site plan for parking lot addition
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 and the
applicable rules of Wisconsin Department of Administration and the Federal
Emergency Management Agency.
(b) Is in harmony with the Comprehensive Plan.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district.
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Item I - Zone Change – 2854 Fond Du Lac Rd.
Staff recommends approval of the Rezone with the findings listed above.
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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)
Map of the immediate area showing property involved. Area to be rezoned must be outlined in color
A site plan drawn to readable scale showing present status of property and proposed development
Street address, adjacent streets, intersections and any other information or landmarks to help identify the property
Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs
A narrative statement explaining the zone change and discussion of the project
¾ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
¾ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE
SUMMARY OF PROCESS
The City of Oshkosh Plan Commission and Common Council act on all amendments to the Official Zoning Map.
The petitioner or owner should be present at both the Plan Commission and Common Council meetings to
discuss and answer questions regarding the request.
The application package is reviewed by Planning Services staff to determine conformance with adopted city
plans, zoning requirements and development standards. A staff recommendation is prepared for consideration
by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report
and meeting notice several days prior to the Plan Commission meeting. The staff report and meeting notice will
also be available on the City’s website. No notice is sent to the petitioner or owner regarding the Common
Council’s consideration of the request. Petitioners and owners are encouraged to contact Planning Services
staff to find out when the request will be sent to the Common Council for review.
Neighborhood opinion is an important factor in the decision-making process. If the proposed development is
expected to have significant impact on other properties, the petitioner may be required to conduct a
neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning
Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. If deemed
appropriate, notification by mail informing the property owners within 100 feet of the subject property of the
proposal may substitute for the public meeting. Please note that a meeting notice will be mailed to all abutting
property owners regarding your request.
Within 90 days of filing a complete application, Plan Commission shall hold a public hearing to consider the
request. Within 60 days of the public hearing, the Plan Commission may make a written report to the Common
Council with recommendations regarding the proposal. The Plan Commission’s report is advisory only. The
Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay
over requests to subsequent meetings if incomplete information is provided or additional questions or concerns
are raised at the meeting.
After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for
consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the
Council meeting is scheduled (the Council meets on the 2nd and 4th Tuesday of every month) and on the
availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be
published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to
the Council meeting.
The Common Council may approve the Official Zoning Map amendment as originally proposed, may approve
the proposed amendment with modifications, or may deny approval of the proposed amendment. If the
Official Zoning Map amendment is approved, the Ordinance is published in the newspaper on the following
Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the
Ordinance and will make changes to the Official Zoning Map accordingly.
For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm
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Rezoning Application Narrative:
GameTime Sports Bar and its Owners are requesting that lot 2854 be changed
from residential zoning to UMU zoning. This change would be consistent
with the bar property and would allow for additional parking spaces for the
bar and our customers. The plan is to combine the two parcels into one for
the parking lot addition.
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REZONE
2854 FOND DU LAC RD
PC: 4-19-2022
BENJAMIN S/CASSANDRA R SCHMALZ
3 MULBERRY CT
APPLETON, WI 54913
POINT LAND PROPERTIES LLC
N3018 FRENCH RD
APPLETON, WI 54913
DIANE D DENNISON
2827 FOND DU LAC RD
OSHKOSH, WI 54902
CGR HOLDINGS LLC
2100 S OAKWOOD RD
OSHKOSH, WI 54904
GENERAL CONTRACTING SERVICES LLC
2111 MINNESOTA ST
OSHKOSH, WI 54902
RICHARD C/LINDA AULER
2886 FOND DU LAC RD
OSHKOSH, WI 54902
JEFFREY D/SUSAN M POTRATZ
2880 FOND DU LAC RD
OSHKOSH, WI 54902
JEREMY A KOTTMAN
1888 EMILY ANNE DR
OSHKOSH, WI 54904
ISAAC D/LYNZ D JORDAN
209905 MALLARD LN
EDGAR, WI 54426
CGR HOLDINGS LLC
2836 FOND DU LAC RD
OSHKOSH, WI 54902
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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: 3/29/2022
1 in = 120 ft1 in = 0.02 mi¯2854 FOND DU LAC RD2854 FOND DU LAC RD
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
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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: 3/29/2022
1 in = 500 ft1 in = 0.09 mi¯2854 FOND DU LAC RD2854 FOND DU LAC RD
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
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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: 3/29/2022
1 in = 100 ft1 in = 0.02 mi¯2854 FOND DU LAC RD2854 FOND DU LAC RD
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
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