HomeMy WebLinkAbout16. 22-194APRIL 26, 2022 MAY 10, 2022 22-178 22-194 ORDINANCE
FIRST READING SECOND READING
(CARRIED___7-0_____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 #22-194 APPROVE ZONE CHANGE FROM SINGLE FAMILY
RESIDENTIAL-5 DISTRICT (SR-5) TO URBAN MIXED USE DISTRICT (UMU) FOR
APRIL 26, 2022 MAY 10, 2022 22-178 22-194 ORDINANCE
FIRST READING SECOND 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
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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
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