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Home My WebLink AboutItem III PLAN COMMISSION STAFF REPORT JULY 5, 2022 ITEM III: CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL ENTERTAINMENT AT 309 & 313 WASHINGTON AVE GENERAL INFORMATION Applicant: Carol Velasco Property Owner: The Ronal H Johnson & Jane K Johnson Irrevocable Endowment Trust Action(s) Requested: The applicant is requesting Conditional Use Permit approval for Outdoor Commercial Entertainment at 309 and 313 Washington Avenue. 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 south side of Washington Ave., east of Court St., and consists of two vacant parcels, totaling 0.56 acres, immediately to the west of the Howard. The site is surrounded by a mixture of commercial and residential uses along with the YMCA and park area to the north. The properties were previously a multi-family residential building (309) and commercial office building (313), which were both recently razed. The site has a 2040 Comprehensive Land Use Recommendation of Center City. Subject Site Existing Land Use Zoning Vacant UMU Recognized Neighborhood Organizations River East Adjacent Land Use and Zoning Existing Uses Zoning North Institutional I-PD South Commercial UMU East Commercial UMU West Multi-family/Commercial UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation City Center Page 1 ITEM III – CUP – 309 313 Washington Ave. 2 ANALYSIS Use The applicant is proposing to combine the subject vacant lots with the Howard site through a CSM to allow for open green space for outdoor events held by the Howard. This is considered outdoor commercial entertainment under the zoning ordinance, which requires a Conditional Use Permit in the UMU district. According to the provided site plan, the area will be enclosed by a combination of 8’ cedar privacy fence and 8’ wrought iron fence and will also include a 16’ X 16’ wood gazebo within the enclosed area. The applicant anticipates a maximimum of 250 guests for wedding ceremonies and cocktail receptions, with outdoor events ending before dark in most occasions. Proposed 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 0’ from front/side property line and 5’ from rear property line. The proposed area also meets the requirement that outdoor entertainment activity area not being located closer than 50 feet to a residentially-zoned property. The property will remain under the maximum impervious surface area of 85%. Code requires one parking space for every three persons at maximum capacity of the establishment for outdoor commercial entertainment uses. However, the property is exempt from parking requirements as it is located with the Parking Requirement Exemption Overlay. Page 2 ITEM III – CUP – 309 313 Washington Ave. 3 The Howard has two existing parking areas with a total of 147 stalls, which will meet the parking needs for the site. Lighting No changes are being proposed to the lighting for the site. Signage No changes are being proposed to the signage for the site. Landscaping A landscaping plan has not been provided. The addition of the outdoor commercial entertainment area will require additional street frontage landscaping. The site plan shows 114’ of street frontage for the area, resulting in a requirement of 68.4 street frontage landscape points (60 points per 100 feet of right-of-way). Code further specifies that 50% of the points shall be devoted to medium trees. Staff is recommending a condition that this requirement be met and reviewed during the Site Plan Review process. 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 building changes were included with this request. 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. (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. Page 3 ITEM III – CUP – 309 313 Washington Ave. 4 Staff recommends approval of the proposed Conditional Use Permit for Outdoor Commercial Entertainment at 309 313 Washington Ave. as proposed with the findings listed above and the following condition: 1. Final landscaping plan be reviewed and approved by the Department of Community Development. Page 4 DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960 Page 5 DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960 Page 6 DocuSign Envelope ID: 635EF371-9C0B-41D3-BC33-94919BC05960 Page 7 Narrative to support Conditional Use Permit for 309 and 313 Washington Avenue The proposed conditional use will not have a negative effect on the issues below: ●Health, safety and general welfare of occupants of surrounding lands ○The area will be fenced/gates per all city regulations and monitored by security cameras. ●Pedestrian and vehicular circulation and safety ○The current property is not utilized for pedestrian and vehicular use in its current state and, as such, will not negatively impact it moving forward. ●Noise, air, water, or other forms of environmental pollution ○The property will be sodded and landscaped by a professional landscaping company and should face no form of the above listed pollution. ●The demand for and availability of public service and facilities ○The property will enhance the neighborhood and will not interfere with availability of public services. ●Character and future development of the area ○With heavy emphasis on creating a space that complements the surrounding properties through function and aesthetic, the focus of the development will be enhancing the character of the neighborhood. The following narrative gives explanation of the proposed conditional use: ●Proposed use of the property ○The property will be used as an extension of The Howard for events (i.e. wedding ceremonies, cocktail receptions) ●Current use of the property ○The property is currently not utilized in any form. It was formerly a commercial office building and apartment complex that were in disrepair before demolition. ●Identification of structures on the property and discussion of their relation to the project ○The single structure that will be on the property will be a framed, hardtop gazebo similar to the one linked below for visual and approximate size reference (final one not selected) ■https://www.wayfair.com/outdoor/pdp/greyleigh-summercove-bella-125-ft- x-125-ft-patio-black-2-tier-cedar-framed-hardtop-gazebo-lkjp3048.html ●Projected number of residents, employees, and or/daily customers ○This would be available for rental and for events hosted by The Howard. We would anticipate a maximum of 250 guests for wedding ceremonies and cocktail receptions. The quantity of guests at hosted events would range by event type. Residents of the neighborhood would not have access to the property if not renting it privately. Generally, 5-15 staff persons will work any single event. ●Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre ○No dwelling units, floor area, or parking will be on the property. Use of The Howard’s current parking facilities would be utilized. Landscaping would be Page 8 limited to trees, hedges, and some fill in scape for aesthetics taking up a very minimal portion of the property. ●Effects on the adjoining properties to include, noise, hours of operation, glare, odor, fumes, vibration, etc. ○Noise - potential for music to be played in outdoor space with the gazebo structure being the planned geographic location of any music/amplification to ensure that any noise is placed furthest away from residential property. ○Hours of Operation - we anticipate that most events will end before dark in most occasions, with any events going later abiding by all city ordinances for curfew/sound. ○Glare - no additional lighting is planned to be added ○Odor/Fumes/Vibration - NA ●Surrounding Land Uses + Compatibility of the proposed use with adjacent and other properties in the area ○North - Oshkosh YMCA & Park ■Have met with Oshkosh YMCA and made them aware of plans and potential use of space. Creating a better aesthetic for members of the YMCA out of the South facing window ○East - The Howard ■Satisfy a community need for outdoor event space that is supported by professional event planners, catering and safe bar service ○South - Commercial Building ■Have met with owner and made them aware of plans and potential use of space. Enhancing the aesthetic of the property. ○West - Residential Properties ■Have met with property owners and have made them aware of plans and potential use of space as well as enhancements to the property that will create a better aesthetic for their own. ●Traffic generation ○We do not anticipate that traffic will be affected in a negative way. Frequency of events may likely increase due to additional function; however, current availability to parking at The Howard will keep surrounding street parking open and available in the majority of circumstances. We do believe that traffic into town for our events will have a positive impact on surrounding downtown businesses as customers generally do overnight stays when coming from out of town. ●Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ○Petitioners on this project have made it a priority to communicate with surrounding properties as our goal is to enhance community nearby, while giving Oshkosh and surrounding areas a space that is well maintained and managed for their outdoor event needs, or event needs that call for a hybrid of indoor and outdoor space. The intention of this space is to fill a void in the community, primarily giving those looking for indoor/outdoor venue space an option with higher capacity of guests. Page 9 Petitioner & Surveyor Information ○Petitioner | Carol Velasco | Operations Director at The Howard ■Phone: 608-774-5884 ■Email:carol@thehowardoshkosh.com ○Petitioner | Chris Golem ■Phone: 920-573-2885 ■Email:chris@atlasvc.com ○Surveyor | Kevin Slottke, PLS | Land Survey Group Leader at The Sigma Group, Inc. ■Phone: 414-643-4161 ■Email:kslottke@thesigmagroup.com Page 10 - 16' -- 8' - - 127" - - ≈ 214' - - 8' - 8' Wrought Iron Fence 8'Cedar Privacy Fence - ≈192.5' - - ≈114' - - ≈120' - Gate Curb Cutout Paved between gate and cutout ≈ 16' X 16' hard top wood gazebo Page 11 CUP 309-313 WASHINGTON AVE PC: 7-05-2022 ROBROS LLC W4020 US HIGHWAY 10 MENASHA, WI 54952 JEREMY P/LORI A HERZOG 310 WAUGOO AVE OSHKOSH, WI 54901 KONRAD BEHLMAN FUNERAL HOME LTD PO BOX 78 OSHKOSH, WI 54903 TIMOTHY D NEUBAUER/KATY E FREY 708 OREGON ST OSHKOSH, WI 54902 FREY RENTAL PROPERTIES LLC 1803 OREGON ST OSHKOSH, WI 54902 CRESCENT MOON PROPERTIES 316 COURT ST UNIT 8 OSHKOSH, WI 54901 405 WASHINGTON AVE LLC 405 WASHINGTON AVE OSHKOSH, WI 54901 OSHKOSH COMMUNITY YMCA 324 WASHINGTON AVE OSHKOSH, WI 54901 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903 CAROL VELASCO 55 JACOB AVE OSHKOSH, WI 54902 THE RONALD H JOHNSON & JANE K JOHNSON IRREVOCABLE ENDOWMENT TRUST 115 WASHINGTON AVE OSHKOSH, WI 54901 Page 12 Roe Park WASHINGTON AVWASHINGTON AV BBRROOAADDSSTT WAUGOO AV WAUGOO AV COURT ST COURT ST BB RR OO AA DD SS TT C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/20/2022 1 in = 120 ft1 in = 0.02 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE 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 13 SR-9 I I TR-10 CMU TR-10-PD I I-PD-RFO IUMU I I I-PD UMU CMU-RFO UMU I-PD RMU-PD UMU UMU-RFO I-PD UMU TR-10-PD UMU I UMU I-PD UMU I CMU I CMU UMU-PD MR-36 I-PD CMU UMU-PD MR-20 CMU-PD RMU-PD-RFO MR-20 UMU-PD CMU UMU UMU CMU-PD CMU-PD-RFO I-PD RMU-PD I-PD CMU-RFO RMU-RFO I-RFO UMU-PD SR-5-LRO MULTIPLE TR-10 I-PD CMU TR-10 Roe Park BOWEN ST BOWEN STN MAIN ST N MAIN ST CEAPE AVCEAPE AV WASHINGTON AVWASHINGTON AVHIGH AV HIGH AV ALGOMA BLVD ALGOMA BLVD BB RR OO AA DD SSTT OTTER AVOTTER AV BAY ST BAY ST MERRITT AVMERRITT AV WAUGOO AV WAUGOO AV MILL ST MILL ST BOYD ST BOYD ST E PARKWAY AVE PARKWAY AV MONROE ST MONROE ST DDIIVVIISSIIOONNSSTT MT VERNON ST MT VERNON ST JEFFERSON ST JEFFERSON ST EVANS ST EVANS ST SCHOOL AVSCHOOL AV GRAND ST GRAND ST BAY SHORE DR BAY SHORE DR COURT ST COURT ST STATE ST STATE ST POPLAR AVPOPLAR AV PPIIOONNEEEERRDDRR IDA AVIDA AV OXFORD AVOXFORD AV HUDSON AVHUDSON AV COMMERCE ST COMMERCE ST MADISON ST MADISON ST PLEASANT ST PLEASANT ST HARNEY AVHARNEY AV BBRROOAADDSSTT MULTIPLE MR-12PDLROSR-5PD-LRO C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/20/2022 1 in = 500 ft1 in = 0.09 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE 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 14 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 6/20/2022 1 in = 100 ft1 in = 0.02 mi¯309-313 WASHINGTON AVE309-313 WASHINGTON AVE 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 15