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HomeMy WebLinkAboutItem V PLAN COMMISSION STAFF REPORT JULY 3, 2018 ITEM V: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH OUTDOOR COMMERICAL ENTERTAINMENT AT 715 N. MAIN STREET GENERAL INFORMATION Applicant/Property Owner: Antonio Sandoval Action(s) Requested: The applicant is requesting a conditional use permit to establish an outdoor commercial entertainment use (deck/patio-outdoor dining) in conjunction with the existing restaurant. Applicable Ordinance Provisions: Outdoor Commercial Entertainment uses are permitted only through a conditional use permit in the Urban Mixed Use (UMU) as regulated in Section 30-53 (C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The 0.75 acre site is located at the west side of N.Main Street between W. Irving Avenue and W. Lincoln Avenue and is being used for the Los Jaripeos Mexican Restaurant. The property is accessed via two drive entrance/exits from N. Main Street and one from Division Street.The site has one structure totaling approximately 4,880 sq. ft. with associated paved parking and access areas surrounding the building. Subject Site: Existing Land Use Zonin Commercial UMU Adjacent Land Use and Zoning: xistin Use-s'. loning North Mixed Use UMU South Commercial UMU West Light Industrial UMU East Mixed Use UMU ,CompreP, en$ive Land Ilse Recommendation Lun"d if se 10-Year Recommended Land Use Plan Commercial 20-Year Recommended Land Use Plan Commercial ANALYSIS The petitioner is requesting approval of a conditional use permit to use a portion of the existing parking area to the north of the building for outdoor dining. The outdoor seating area would be approximately 18' x 50' and would be a wood deck. The seating area would result in the loss of four parking spaces and seat approximately 25 people. The outdoor entertainment area would be operated between the hours of 11 am and 8 pm. Staff is in support of the outdoor commercial entertainment use as the use should not be detrimental to the surrounding area and should not have substantially different impact on the adjacent property other than the existing parking use. However, staff is recommending that the applicant be limited to the hours of operation as proposed to mitigate any noise concerns that may be associated with an outdoor entertainment use. Staff is also recommending the applicant confer with the Inspections Services Division to ensure all applicable building code requirements are being met. 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. Staff recommends approval of the proposed Conditional Use Permit for an outdoor storage area at 715 N.Main Street as proposed, with the findings listed above and the following conditions: 1. Hours of operation shall be limited to 11 am to 8 pm. 2. Applicant shall meet all applicable codes as deemed appropriate by City of Oshkosh Inspections Services Division. Item V—CUP/Outdoor Commercial Entertainment—715 N.Main St SUBMIT TO: Dept.of Community Development City of Oshkosh Application 215 Church Ave.,P.O.Box 1130 City of%: Oshkosh,Wisconsn Oshkosh Conditional Use Permit PHONE:(920)236-i5059 54903-1130 "PLEASE TYPE OR PRINT USING BLACK INK" APPLICANT INFORMATION Petitioner: NVACJ �A-� r" e%U_J.0 J L Date: Petitioner's Address: city: At'91" State:JLZ—Zip:��,±9�, V 3 Telephone #: Fax: ),ILIJ Other Contact# or Email: e, L Status of Petitioner (Please Check): Owner 11 Representative C1 Tenant Ei Prospective Buyer Petitioner's Signature ed): (requir Date: - OWNER INFORMATION Owner(s): e:,ttdj Q­z Date: ( :OwnersAddress: V Cifyt Statej, �Zip Telephone #: Fax: Other Contact# or Email: Ownership Status (Please Check):/ClIndividual El Trust El Partnership 0 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 tentafiv7and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons, Property Owner's Signature: Date: SITE INFORMATION Address/Location of Proposed Project: e4,1"I I Proposed Project Type: t?Ue"k eo N2 TS21 VoSe- (-AA 4 Current Use of Property: ILA V ix s L"'L 6� PC,V zoning-- I.J y L Land Uses Surrounding Your Site: North: rz.sANett c South: East: LAa I 11&,&A West: Z-1 X "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. > Application fees are due at time of submittal. Make check payable to City of Oshkosh. > Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm Staff Date Rec'd Page 3 Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety,and general welfare of occupants of surrounding lands. . g q''1W yg .�q� q a ra"gm..49 5 I ".o 4�`�. '✓� b @�.�. '�P ® rc+W y 4�L ���,� *.8 �; �� ��'circulation and safety. �ety. , . �g """ ,2. Pedestrian and vehicular � � �,�� � �. �,� � 1,�� �_�� � ;�w� r f�`-t.���� m cc Q_ 3. Noise,air,water,or other forms of environmental pollution. baE 4. The demand for and availability of public services aa and fa ilities. ,,/ 5. Character and future development of the area. SUBMITTAL REQUIREMENTS—Must accompany the application to be complete. ➢ A narrative of the proposed conditional use and project including: Proposed use of the property Existing use of the property [b Identification of structures on the property and discussion of their relation to the project g:) Projected number of residents,employees,and/or daily customers 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 rte`; Effects on adjoining properties to include:noise, hours of operation,glare,odor,fumes,vibration, etc. Surrounding land uses Compatibility of the proposed use with adjacent and other properties in the area. ,' Traffic generation ,,&z-, Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: ❑ Two (2) full size (24"x 36") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8'/2"x 1 1 (minimum) to 1 1"x 17" (maximum) reduction of the building elevations and site plan ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner,if different ❑ Full name and contact information of petitioner's engineers/surveyors/architects,or other design professionals used in the plan preparation ❑ The date of the original plan and latest date of revision to the plan ❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1"=60') unless otherwise approved by the Department of Community Development prior to submittal ❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings,structures,and paved areas,including building entrances,walks, drives,decks, patios,fences,walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed),including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location,height,design,illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e.visible from a public street or residential use or district). Mechanical equipment includes,but is not limited to; HVAC equipment,electrical transformers and boxes,exhaust flues,plumbing vents,gas regulators, generators 2 Page 4 Los jaripeos deck/patio project. Proposing to use 4 parking stalls on the south side of the building for the construction of a wooden deck/patio. The purpose for summer dinning only. Will seat about 25 people at the full point. Patio size 18'x50' labor to be completed by everlasting contracting, LLC. Hours of operation 11 am to Bpm small wall mount speaker to be operating the same. Only fumes would be any cigarettes that any guest would be using. to the north about 100' the is a residential home. To the south a 2-story building which is commercial. To the east the street on the other side residential. To the west empty lot which I'm the owner of. Up and down main St there are restaurant which operate with decks/patios similar to my idea. This project is just to give the people of Oshkosh another place to enjoy trough out the 3 short summer months. A place to get together with friends and family outside in a save and fun atmosphere. 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