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Home My WebLink AboutItem I PLAN COMMISSION STAFF REPORT MAY 17, 2022 ITEM I: CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL ENTERTAINMENT AT 1309 OREGON ST (HQ BAR & GRILL) GENERAL INFORMATION Applicant: Barry Lavaque Property Owner: Lavaque HQ LLC Action(s) Requested: The applicant is requesting Conditional Use Permit approval for Outdoor Commercial Entertainment at 1309 Oregon Street. Applicable Ordinance Provisions: Outdoor Commercial Entertainment in the Urban Mixed Use Zoning District requires a Conditional Use Permit, as regulated in Section 30-53(C). Criteria used for conditional use permits are located in section 30-382 of the zoning ordinance. Background Information Property Location and Type: The subject site is located on the west side of Oregon St, south of South Park Avenue. The subject parcel is .2583 acres in size and is developed with an existing bar on the first floor and an apartment on the second floor. The site is surrounded by mixed use buildings with the exception of residential properties to the west, southwest, and northeast. The proposed location of the outdoor entertainment area previously contained a residential home that was razed, creating a vacant lot, which was subsequently purchased and combined with the subject property. Also, the subject property currently contains an outdoor volleyball court on the west side of the lot and a deck area off the rear of the building. Subject Site Existing Land Use Zoning Bar / Apartment (Mixed Use) UMU Recognized Neighborhood Organizations None Adjacent Land Use and Zoning Existing Uses Zoning North Mixed Use UMU South Mixed Use UMU East Mixed Use UMU West Single Family Residential UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation City Center Page 1 ITEM I - SIP Amendment – 4200 Poberezny Road 2 ANALYSIS Use The site is currently developed with a 2594 square foot mixed use building containing a bar on the first floor and an apartment on the second floor. The current outdoor space contains a side yard with grass, a volleyball court, deck with handicap ramp, and dumpster enclosure. The applicant is not proposing a change of use in the building. The applicant is proposing a 290 square foot concrete patio that wraps around a 34’ x 16’ in-ground pool with a maximum depth of 4 feet deep. Proposed Conceptual Site Plan Site Design The proposed outdoor entertainment area meets setback requirements for nonresidential uses in the UMU zoning district for principal structures and accessory structures, which is 5 feet. The proposed area also meets the regulations for the outdoor commercial entertainment use, such as the activity area not being located closer than 50 feet to a residentially-zoned property. The property appears to be under the allowed 85% maximum impervious surface regulations for non-residential uses in the UMU zoning district with this proposed addition, however a final plan will need to be provided during Site Plan Review to verify total impervious calculations. Lighting No changes are being proposed to the lighting for the site. Signage No changes are being proposed to the signage for the site. Page 2 ITEM I - SIP Amendment – 4200 Poberezny Road 3 Landscaping The applicant has submitted a conceptual landscape plan showing nine evergreen trees planted along the south property line to provide a buffer from neighboring properties. The applicant also states in their narrative that there are existing trees along the west property line. Staff is recommending the applicant provide 90 evergreen landscaping points on the Oregon St side of the existing fencing to further buffer the proposed outdoor entertainment area from the public right of way. Storm Water Management The Department of Public Works reviewed the plans and are requiring a full site plan review to make sure the site complies with the city’s storm water management policies. Building Facades No changes are being proposed for the building facades. Street view looking west at dumpster enclosure area and cabanas in proposed pool area FINDINGS/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. Page 3 ITEM I - SIP Amendment – 4200 Poberezny Road 4 (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. (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 Outdoor Commercial Entertainment at 1309 Oregon Street as proposed with the findings listed above and the following condition: 1. Staff recommends the applicant provide 90 evergreen landscaping points on the Oregon Street side of the existing fencing to further buffer the proposed outdoor entertainment area from the public right of way. 2. Applicant will need to provide a final site plan showing the calculation for total impervious surface with this new addition to the property. 3. Applicant will need to meet all State and County requirements for commercial pools, per SPS 390 and ATCP 76, and provide final approval from the State of Wisconsin. Page 4 Page 5 Page 6 Page 7 Page 8 CUP 1309 OREGON ST PC: 5-17-2022 BRUCE WILLIAMS 929 ERIE AVE OSHKOSH, WI 54902 RODGER W WILTZIUS 147 W SOUTH PARK AVE OSHKOSH, WI 54902 SCOTT R/HEIDI D HORTON 223 W SOUTH PARK AVE OSHKOSH, WI 54902 TYLER FAUST 217 W SOUTH PARK AVE OSHKOSH, WI 54902 ALAN/BARBARA NIGL 343 W 8TH AVE OSHKOSH, WI 54902 DAVID A/ANGELA L KOPITZKE 222 W 14TH AVE OSHKOSH, WI 54902 MICHAEL J/CORI L STROMBERG 216 W 14TH AVE OSHKOSH, WI 54902 HERBERT L/JOYCE L POLLNOW 1329 OREGON ST OSHKOSH, WI 54902 BARRY LAVQUE 806 OREGON ST OSHKOSH, WI 54902 LAVAQUE VENTURES LLC 1309 OREGON ST OSHKOSH, WI 54902 Page 9 OREGON ST OREGON ST W SOUTH PARK AVW SOUTH PARK AV W 14TH AVW 14TH AV W 12TH AVW 12TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/21/2022 1 in = 120 ft1 in = 0.02 mi¯1309 OREGON ST1309 OREGON ST 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 TR-10 HI I SR-9 CMU UMU I HI UMU I CMU-PD UMU HI RMU-PD I I NMU I-PD I UMU TR-10 I I CMU-PD HI I-PD I I UMU-PD RMU-PD RMU-PD-RFO CMU RMU-RFO UMU CMU-PD Oshkosh City Limit Oshkosh City Limit S MAIN ST S MAIN ST OREGON ST OREGON ST W 9TH AVW 9TH AV W SOUTH PARK AVW SOUTH PARK AV IOWA ST IOWA ST W 7TH AVW 7TH AV W 8TH AVW 8TH AV MI N N E S O T A S T MI N N E S O T A S T W 17TH AVW 17TH AV W 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AV W 15TH AVW 15TH AV W 16TH AVW 16TH AV NEBRASKA ST NEBRASKA ST DOTY ST DOTY ST ARIZONA ST ARIZONA ST E 10TH AVE 10TH AV E 9TH AVE 9TH AV E 14TH AVE 14TH AV E 11TH AVE 11TH AV E 7TH AVE 7TH AV C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/21/2022 1 in = 500 ft1 in = 0.09 mi¯1309 OREGON ST1309 OREGON ST 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 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 4/21/2022 1 in = 100 ft1 in = 0.02 mi¯1309 OREGON ST1309 OREGON ST 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 12