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Home My WebLink About24. 22-178APRIL 26, 2022 22-178 ORDINANCE FIRST READING (CARRIED________LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 DISTRICT (SR-5) TO URBAN MIXED USE DISTRICT (UMU) FOR PROPERTY LOCATED AT 2854 FOND DU LAC ROAD INITIATED BY: GAME TIME SPORTS BAR PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30- 387 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-387 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property located at 2854 Fond du Lac Road from Single Family Residential (SR-5) to Urban Mixed Use District (UMU). BEING ALL OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 7783 RECORDED AS DOCUMENT 1855551, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 36, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, ALSO INCLUDING ½ OF THE ADJACENT RIGHT-OF-WAY OF FOND DU LAC ROAD. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #22-XXX APPROVE ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL-5 DISTRICT (SR-5) TO URBAN MIXED USE DISTRICT (UMU) FOR APRIL 26, 2022 22-178 ORDINANCE FIRST READING CONT’D PROPERTY LOCATED AT 2854 FOND DU LAC ROAD on May 10, 2022. This ordinance changes the zoning of the property located at 2854 Fond du Lac Road from Single Family Residential (SR-5) to Urban Mixed Use District (UMU). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Ave. and on the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: April 21, 2022 RE: Approve Zone Change from Single Family Residential-5 District (SR-5) to Urban Mixed Use District (UMU) for Property Located at 2854 Fond Du Lac Road BACKGROUND 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. ANALYSIS The applicant is requesting this zone change to provide consistent zoning with the property immediately to the north, Game Time Sports Bar (2836 Fond Du Lac Road). The applicant has submitted preliminary plans to combine the subject parcel with the property 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 Road. The additional parking stalls will provide needed parking during peak times and prevent overflow parking on the nearby residential street (Gibson Court). Although the 2040 Comprehensive Land Use Plan has the property slated for light density residential, staff does not have concerns with proposed rezone to UMU as the Comprehensive Plan is not intended to be parcel specific and the rezone is intended to allow for expansion of existing commercial use. A conditional use permit will be required for the proposed parking lot addition as the total number of parking stalls will exceed the maximum allowed. RECOMMENDATION The Plan Commission recommended approval of the zone change as requested on April 19, 2022. 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: ZONE CHANGE FROM SINGLE FAMILY RESIDENTIAL - 5 DISTRICT (SR-5) TO URBAN MIXED USE DISTRICT (UMU) FOR PROPERTY LOCATED 2854 FOND DU LAC ROAD Plan Commission meeting of April 19, 2022. 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 Item I - Zone Change – 2854 Fond Du Lac Rd. Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 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 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. Item I - Zone Change – 2854 Fond Du Lac Rd. Staff recommends approval of the Rezone with the findings listed above. The Plan Commission recommended approval of the zone change on April 19, 2022. The following is their discussion on the item. Site Inspections Report: Mr. Mitchell, Mr. Bowen and Ms. Propp all reported visiting the site. Staff report accepted as part of the record. 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. 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 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. Staff recommends approval with the findings and conditions as listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Bowen asked if the CUP would come back to Plan Commission. Mr. Lyons confirmed that it would. Mr. Mitchell asked if the Plan Commission would have authority to add or remove provisions. Mr. Lyons said that a rezone cannot be conditioned, any conditions would be a part of the CUP process. Mr. Perry asked for any public comments and asked if the applicant wanted to make any statements. Item I - Zone Change – 2854 Fond Du Lac Rd. Tom Castle, 4487 Plummers Point Rd, stated that this parking lot project is needed for safety. Currently staff and some customers park on Gibson Ct, so they have to walk along Fond du Lac Rd. It isn’t the safest option for them especially at night. They are trying to build a more conducive lot and business for their customers. There were no other public comments on this item. Mr. Perry closed public comments and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Mitchell to adopt the findings and recommendation as stated in the staff report. Seconded by Propp. Mr. Perry asked if there was any discussion on the motion. Mr. Mitchell stated that the redevelopment of this is great and it’s a positive addition to the neighborhood. The surrounding neighborhoods have wonderful landscaping and they take pride in their yards. There is not any existing developments that are partitioned off by solid wood fencing except for that little quadrant of area and it detracts from the feel of south of town. There is precedent for there being wooded borders whether it be TJ’s Harbor, or industrial sites which are bordered by living fences. Hoping Mr. Castle will match the attractiveness of the bar with equally appealing landscaping. Motion carried 7-0. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Application Zoning Map Amendment (Rezoning) **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email Status of Petitioner (Please Check): Owner Representative Tenant Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference: Phone Email Ownership Status (Please Check): Individual Trust Partnership Corporation Property Owner Consent: (required) By signature hereon, I/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: ____________ ZONING AND DEVELOPMENT INFORMATION Address/Location of Rezoning Request: _________________________________________________________________________ Tax Parcel Number(s): _________________________________________________________________________________________ Rezone property from: ___________________________________________ to ___________________________________________ Purpose for Rezoning:__________________________________________________________________________________________ ____________________________________________________________________________________________________________ Describe existing property development and land use: ________________________________________________________________ ____________________________________________________________________________________________________________ Describe proposed development and/or proposed land use: ____________________________________________________________ ____________________________________________________________________________________________________________ Proposed time schedule for development and/or use of the property: ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ Zoning Adjacent to the Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________ SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 PHONE: (920) 236-5059 2 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 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. 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 F O N D D U L A C R D F O N D D U L A C R D G IB S O N C TGIBSON C T COVE LACOVE LA 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 HI SR-5 I SR-5-LRO HI-PD I MR-12 SR-5 I DR-6 MR-20 SR-5 MR-12 DR-6 UMU DR-6 UMU SR-5 Oshkosh City LimitOshkosh City LimitFF O O N N D D D D U U LL A A C C R R DDW WAUKAU AVW WAUKAU AVBRADLEY STBRADLEY STW 2 8 T H A VW 2 8 T H A V S T O N E Y B E A C H R D S T O N E Y B E A C H R D E WAUKAU AVE WAUKAU AVSSTTOONNEEYYBBEEAACCHHSSTTLLAAKKEERREESSTTAAVVSSTTOONNEEYYBBEEAACCH H LL AA GG IIBB SSOO NN CC TT COVE LACOVE LA CC RRIIMMSSOO NN LLAA LLAAKKEERREESSTT LL AACC II MMAA RR RR OO NNCCTTI 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 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