HomeMy WebLinkAbout12. 22-211MAY 24, 2022 22-211 RESOLUTION
(CARRIED___6-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR OUTDOOR
COMMERCIAL ENTERTAINMENT AT 1309 OREGON STREET
INITIATED BY: BARRY LAVAQUE
PLAN COMMISSION RECOMMENDATION: Approved w/ findings and conditions
WHEREAS, the Plan Commission finds that a Conditional Use Permit for outdoor
commercial entertainment at 1309 Oregon Street, 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 outdoor commercial entertainment at 1309
Oregon Street, is hereby approved, per the attached, with the following findings:
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.
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.
BE IT FURTHER RESOLVED that the following are conditions of approval for a
Conditional Use Permit for outdoor commercial entertainment at 1309 Oregon Street:
MAY 24, 2022 22-211 RESOLUTION
CONT’D
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.
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: May 19, 2022
RE: Approve Conditional Use Permit for Outdoor Commercial Entertainment at 1309
Oregon Street
BACKGROUND
The applicant is requesting Conditional Use Permit approval for outdoor commercial
entertainment at 1309 Oregon Street. The subject site is located on the west side of Oregon Street,
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. 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.
ANALYSIS
The site is currently developed with a 2,594 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.
The proposed outdoor entertainment area meets setback requirements for nonresidential uses
in the UMU zoning district for principal structures and accessory structures. 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 also
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.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
Approval of this project may result in a minor increase in the assessed property value for the
site. The applicant is anticipating spending approximately $70,000 on the proposed project.
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on May 17, 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: CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL
ENTERTAINMENT AT 1309 OREGON ST (HQ BAR & GRILL)
Plan Commission meeting of May 17, 2022.
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
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
ITEM I - SIP Amendment – 4200 Poberezny Road 3
No changes are being proposed to the signage for the site.
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):
ITEM I - SIP Amendment – 4200 Poberezny Road 4
(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.
(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.
The Plan Commission recommended approval of the Conditional Use Permit with findings and
conditions on May 17, 2022. The following is their discussion on the item.
Site Inspections Report: Council Member Ford and Mr. Marshall all reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting Conditional Use Permit approval for Outdoor Commercial
Entertainment at 1309 Oregon Street.
Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. 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.
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
ITEM I - SIP Amendment – 4200 Poberezny Road 5
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. Staff recommends approval with the findings and conditions as listed in the staff
report.
Justin Mitchell and Kathy Propp arrived at 4:04pm.
Mr. Perry opened up technical questions to staff.
Mr. Mitchell asked if there is any language in the ordinance or health policy that somehow
connects drinking and swimming.
Mr. Lyons said that the last condition that was added about the commercial pool requirements
and the licensing that goes with that was discussed with the county health department who
asked us to add that requirement. There are some specific commercial regulations for these
commercial pools. They will have to get a license from the county health department and meet
those requirements.
Mr. Perry asked for any public comments and asked if the applicant wanted to make any
statements.
Barry Lavaque, 806 Oregon St, said that that from seeing how other business models have
succeed with these outdoor entertainment venues, like Tanner’s in Kimberly. It would bring a
great opportunity to the city.
Ms. Propp asked if they were planning on adding bands to this location.
Mr. Lavaque said they are not.
Ms. Propp asked if there was room around the pool for chairs and tables.
Mr. Lavaque said that there are.
Ms. Propp said she agreed with Mr. Mitchell and her first thought was about the excessive
drinking near the pool.
Mr. Marshall asked how deep the pool is.
Mr. Lavaque said it is under 4 feet.
Ms. Scheuermann asked for clarification on what he means by entertainment district. She said
when she thinks of an entertainment district, she thinks of more than a pool with chairs around
it. She asked if the music would be piped in.
Mr. Lavaque said there is music piped in. He also owns OshkoshBars.com which is a party bus
rental business. Part of the plan is to be able to host bachelorette parties using the party bus
ITEM I - SIP Amendment – 4200 Poberezny Road 6
rental service. The party would start at the bar and drive them around and ending up back at
the bar.
Ms. Scheuermann asked if from a music perspective if noise would be an issue.
Mr. Lavaque said that he doesn’t foresee noise being a problem. There is no stage and if there
was any live music it might be someone with an acoustic guitar.
Mr. Lyons said they would still have to meet the city’s noise ordinance.
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 Ford to adopt the findings and recommendation as stated in the staff report.
Seconded by Marshall.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 8-0.
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
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
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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: 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
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