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Home My WebLink About12. 20-436 OCTOBER 27, 2020 20-436 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ALLOW A RESIDENTIAL GROUP DEVELOPMENT LOCATED AT THE EAST 3200 BLOCK OF WHITE TAIL LANE INITIATED BY: MIDWEST REAL ESTATE DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit to allow a residential group development located at the East 3200 Block of White Tail Lane, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby approved to allow a residential group development located at the East 3200 Block of White Tail Lane, per the attached. TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: October 22, 2020 RE: Approve Conditional Use Permit to Allow a Residential Group Development Located at the East 3200 Block of White Tail Lane (Plan Commission Recommends Approval) BACKGROUND The subject area consists of one parcel approximately 2.67 acres in size, located at the east 3200 Block of White Tail Lane. The site is vacant and is proposed to be similar in style to the condominium developments to the north and west. One difference however, this development will not be platted as a condominium at this time. The surrounding area has multi -family condominium developments to the north and west and vacant land to the south and east. The Comprehensive Land Use Plan 2040 recommend this area suitable for Medium and High Density Residential. ANALYSIS The applicant is proposing to develop the site with seven two -unit single -story structures totaling 14 dwelling units. The development is consistent in design as compared to previous multi -family condominium developments to the north and west and the two -unit building condominium development to the southwest. The applicant states in the submitted narrative that the buildings are designed to be leased to residents providing the advantages of duplex condos without the cost and long range commitment of condominium purchasing. The zoning ordinance allows this use via Conditional Use Permit for a Group Development, which is a development with three or more principle structures on a single parcel. The dwelling unit density for the proposed development is consistent with the condominium developments to the north and west which average four to five units per acre. This proposed development equates to 5.24 units per acre. The seven proposed structures are identical, each containing two 1,300 square foot 2-bedroom units, 528 square foot two car attached garages and five-foot by twelve -foot patios on each side of the building. The structures are placed on either side of a 24-foot wide private driveway leading from the condominium development to the north and exiting the property to White Tail Lane. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920,236,5000 http://www.ci,oshkosh.wi.us Cross access easement will be required between this site and the condominium development to the north. This can either be shown on the Certified Survey Map or recorded as a separate document. A wetland delineation was conducted on the site which identified wetlands located at the southeastern area of the site. The wetlands have been shown on the submitted site plan and proposed structures are located well outside the affected area. Architectural design plans, landscaping plan, site lighting plan, storm water management and utilities plan have been submitted. These items will be reviewed during the site plan review process to ensure compliance with base code standards. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings and a condition at its October 21, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Mark Lyons Planning Services Manager Approved: Mark A. Rohloff City Manager City Nall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 hfip://www.ci.oshkosh.wi.us ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A RESIDENTIAL GROUP DEVELOPMENT LOCATED AT THE EAST 3200 BLOCK OF WHITE TAIL LANE (PHEASANT TRAIL DEVELOPMENT) Plan Commission meeting of October 21, 2020. GENERAL INFORMATION Applicant/Owner: Midwest Real Estate Development Action(s) Requested: The applicant requests approval of a Conditional Use Permit for a Group Development consisting of seven two-family structures totaling 14 dwelling units. Applicable Ordinance Provisions: Conditional Use Permit standards are found in Section 30-382 of the Zoning Ordinance. Property Location and Type: The subject area consists of one parcel approximately 2.67 acres in size, located at the east 3200 Block of White Tail Lane. The site is vacant and is proposed to be similar in style to the condominium developments to the north and west. One difference however, this development will not be platted as a condominium at this time. The surrounding area has multi -family condominium developments to the north and west and vacant land to the south and east. The Comprehensive Land Use Plan 2040 recommend this area suitable for Medium and High Density Residential. Subject Site Existing Land Use Zonin Vacant/Undeveloped Multi -Family Residential-12 (MR-12) Adjacent Land Use and Zoning Existing Uses Zoning North ........ Multi -Family Condominium ...................................................................................................... ......... Multi -Family Residential-12 (MR, 12) South ........._Vacant/Undeveloped ........ ................................................................................................................... ......... Multi -Family Residential-12 (MR, 12)..... Suburban Mixed -Use with Planned East Vacant/Undeveloped Development Overlay (SMU-PD) West Multi -Family Condominium Multi -Family Residential-12 (MR-12) Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Medium and High Density Residential ANALYSIS Use The applicant is proposing to develop the site with seven two -unit single -story structures totaling 14 dwelling units. The development is consistent in design as compared to previous multi -family condominium developments to the north and east and the two -unit building condominium development to the southwest. The applicant states in the submitted narrative that the buildings are designed to be leased residents providing the advantages of duplex condos without the cost and long range commitment of condominium purchasing. The zoning ordinance allows this use via Conditional Use Permit for a Group Development, which is a development with three or more principle structures on a single parcel. The dwelling unit density for the proposed development is consistent with the condominium developments to the north and east which average four to five units per acre. This proposed development equates to 5.24 units per acre. Site Design/Access The development site consists of an existing 1.62 acre lot and will be incorporating an additional 1.05 acres from the vacant lot to the south. The lot alteration will occur via Certified Survey Map which has been submitted and is being reviewed by staff. The seven proposed structures are identical, each containing two 1,300 square foot 2-bedroom units, 528 square foot two car attached garages and five-foot by twelve -foot patios on each side of the building. The structures are placed on either side of a 24-foot wide private driveway leading from the condominium development to the north and exiting the property to White Tail Lane. The buildings are orientated with the attached garages facing the interior of the site. The buildings are evenly distributed with separations ranging from 35 to 40 feet besides the southernmost building which is 89 feet from the neighboring structure. All the buildings meet principal structure setback requirements for the MR-12 Zoning District. Staff verified with the Sanitation Division that they do provide trash and recycling collection to these types of group developments. Therefore, a trash/dumpster enclosure is not required on the site as individual containers will be stored inside the attached garages. A cross access easements will be required between this site and the condominium development to the north. This can either be shown on the Certified Survey Map or recorded as a separate document. ITEMIII: CUP— Group Development —Pheasant Trail — 3200 Block White Tail Ln. A wetland delineation was conducted on the site which identified wetlands located at the southeastern area of the site. The wetlands have been shown on the submitted site plan and proposed structures are located well outside the affected area. Architectural design plans, landscaping plan, site lighting plan, storm water management and utilities plan have been submitted. These items will be reviewed during the site plan review process to ensure compliance with base code standards. Upon review, staff is of the opinion the proposed land use is not in conflict with the criteria listed for Conditional Uses and is in support of the development. 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. Staff recommends approval of the Conditional Use Permit with the findings listed above. The Plan Commission approved of the Conditional Use Permit as requested with findings and a condition noted. The following is the Plan Commission's discussion on this item. Site Inspections Reports: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a Conditional Use Permit for a Group Development consisting of seven two-family structures totaling 14 dwelling units. Mr. Nan 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 proposing to develop the site with seven ITEMIII.- CUP— Group Development —Pheasant Trail — 3200 Block White Tail Ln. 3 two -unit single -story structures totaling 14 dwelling units. The development is consistent in design as compared to previous multi -family condominium developments to the north and east and the two -unit building condominium development to the southwest. The applicant states in the submitted narrative that the buildings are designed to be leased residents providing the advantages of duplex condos without the cost and long range commitment of condominium purchasing. The zoning ordinance allows this use via Conditional Use Permit for a Group Development, which is a development with three or more principle structures on a single parcel. He said staff recommends approval of the proposed Conditional Use Permit for a residential group development located at the East 3200 Block of White Tail Lane with the findings and conditions listed in the staff report. Mr. Hinz opened technical questions to staff. There were no technical questions on this item. Mr. Hinz opened up the public hearing and asked if the applicant wanted to make any statements. Tim Whitman appeared before the commission on behalf of applicant. Mr. Whitman said he is in favor of the project and would answer any questions the commission has. Mr. Mitchell asked if there were any efforts to incorporate any accessibility features into the project and to what extent City staff provided support for incorporation of accessibility features. Mr. Whitman said he could not speak to that directly as he did not have any direct involvement with the floorplan. Mr. Lyons said that staff looks to the building code for accessibility requirements for projects of this nature. Mr. Mitchell asked if Mr. Lyons could provide specific examples. Mr. Lyons replied that the building code dictates what is required and it is left up to the Inspections division when they go through permitting to make sure those are met. Mr. Mitchell asked if there were accessibility features that were incorporated here or encouraged by the Planning Office or other representatives from City Hall. Mr. Lyons replied that he could not speak for other departments. As a CUP for group and large development, they are trying to determine if it would make sense to have more than three structures. He said that is what they have reviewed in this instance. Mr. Mitchell said that the City of Oshkosh, specifically the Planning Department, puts together an impediments for fair housing analysis every five years. It is one of the best resources available that looks at the nature and causes of many barriers that certain populations may have to ITEMIII.- CUP— Group Development —Pheasant Trail — 3200 Block White Tail Ln. accessing housing that meets their needs. Often times those barriers are present for vulnerable populations. The last two reports both cite the community's lack of accessible housing for individuals with disabilities as the leading issue. Those issues disproportionally impact individuals aged 65 or older as well as low income households. In the plan, they cite three specific things that the City would take a look at. The first thing is to offer financial support to assist with and encourage projects that include visibility features such as no -step entry, first floor bathrooms, and 32-inch doorways. The second thing is to encourage the development of more units in the City that incorporate universal design principles and to create a pamphlet that describes universal design and the need for more units that accommodate residents with disabilities. The last thing is to work with local developers and builders to offer universal design training and encourage the application of universal design in all new development, not just designated accessible units. The report is from 2012 and this was the main issue cited in the last report as well. Mr. Mitchell asked if the Planning Department is not doing that, then who is. Mr. Lyons replied that the Community Development's Grant Coordinator facilitates the report, not the Planning Department. Their division works with a lot of developers to distribute materials with that information. Mr. Mitchell said that the Planning Department is listed on the report. Here we have a local developer and builder building housing and this is an important document from Planning. He said he is not seeing that the strategy that should be in place is in place. Mr. Lyons replied that the Grants Coordinator through the Community Development Block Grant program does a significant amount of outreach to developers for housing initiatives. Mr. Mitchell asked Mr. Whitman if anyone reached out to him to see how the unit could be made accessible or incorporate accessibility features or do any of the things that the City states they're going to do. Mr. Whitman replied that he cannot speak to any specific conversation between the floor plan designer and the City. There were no public comments on this item. Mr. Hinz closed the public hearing 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 Coulibaly. Mr. Hinz asked if there was any discussion on the motion. ITEMIII.- CUP— Group Development —Pheasant Trail — 3200 Block White Tail Ln. Mr. Ford said he would be sure to bring Mr. Mitchell's concerns to City Council when they do the report on commission meetings, so at the very least it will be on the City Manager's radar. Mr. Mitchell asked Mr. Lyons if he thought there had been any outreach or encouragement for addressing the issue in this specific situation. Mr. Lyons said that he could not speak to this specific situation. One of the things they're evaluating with the housing study is the need for executive and top -end housing as well as low - end housing and accessible housing. He said we do have to make sure we meet all housing goals of the City, not just specific ones. Mr. Mitchell replied that 65% of the City's population will be over the age of 50 or is already and those populations require certain features to enhance their quality of life. Some communities require those sorts of things in new construction and others offer a payment incentive for including them. At a minimum, the City Oshkosh says that we will give you information and work with you and encourage you to do it. He said ideally when these things come up, City staff should be able to say what they did, what their suggestions were, and the outcome of those suggestions. Motion carried 9-0. ITEMIII: CUP— Group Development —Pheasant Trail — 3200 Block White Tail Ln. SUSM11 TO: rx City of Oshkosh Application Dept. OFCornnViKityDevelppmeni Ciiy2 t.5 Church Ave., P.O. Box i 130 `1 Conditional al Use Permit Oftosh.Wiscorsin54?03-1130 OshkoshPHONE, {I , 23 APPLICANT INFORMATION Petitioner. Midwest Real Estate "PLEASE TYPE Exit PRINT USING BLACK i"K" Site Gate. Petitioner's Address: 2990 Univmal Slre-M Suite Clly Oshkosh Slate: W1 Zip; 54904 Telephone #: ( 920 ) 42L_-20.Q1i. Confacl preference: l7 Phone ❑ Ernoll Status of Petitioner (Please Check): X Owner U Repre totfve_ I- Tenant Prospective Buyer Petli-io ler's Signolijre �requlredj. Dote: OWNER INFORMATION O ner(sj. Midwesl Real Estate DevelopineW Site Date. Owner(s) Address: 2990 Universal Street, Suite C City-, Oshkosh Slate: Wl Zip: _54904 Telephone 4- ( 920) 426-2008 Email. Contact preference; ❑ Phone ® Email Ownership Status (Please Check). u Individual n Tn,rst C Parinershtp XCorporalion Property Owner Consent, (required) By skgnature hereon, II We ac€cnowrlecige chat pity officials andlor employees moy, in the performance of their functions, enter upon the properly to Inspect or goIher other knformlalion necessary to process iris applicalion, I also underMarid that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or olher admin[s rative reosons, 19 1 Property Owner's ,Signature: SITE WORMATION AddressjLocaHon of Proposed Project: Mike TO I Proposed Projeci type: Coiidoinink an Developineiti afosikkash Curren] Use of Property' Vacant Zoning, Land Uses Surrounding Your Site: Norih. Residential SOON Vacant East: C9111tnercial West: Residential Date: _71ZOAJ "'Please note that d rneeting notice will be mailed to all abupting properly owners regarding your request. > Ills recommended that the applicant meet wllh Planning Services slalf prior to submittal to disc Lj5s the prop ase1, � Application fees are due at time of s0miltal. Make check payable to City of Oshkosh. > Please refer tv the tee schedule for appropriate fee. FEE I5 NON -REP UNDAGLE For more information please the ity's welosite al w w_ci.o3hk<)sh i_v/Commodity_Dev<elopment/Planning.h#m Staff [flute Reed 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. 2. Pedestrian and vehicular circulation and safety. 3. Noise, air, water, or other forms of environmental pollution. 4. The demand for and availability of public services and facilities. 5. Character and future development of the area. 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) A narrative of the proposed conditional use and project including: ❑ Proposed use of the property ❑ Existing use of the property ❑ Identification of structures on the property and discussion of their relation to the project ❑ 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 ❑ 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 ❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties Y A complete site plan Including: ❑ Digital plans and drawings of the project ❑ 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 Cr 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 pholometrics 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 Nau, Jeff From: Nau, Jeff Sent: Tuesday, September 22, 2020 1:58 PM To: Nau, Jeff Subject: RE: Narrative on the proposed PUD From: John Mark[mailto:iohn.mark@mwdevelopment.comj Sent: Monday, September 21, 2020 4:32 PM To: Muehrer, Todd M. <tmuehrer@ci.oshkosh.wi.us> Subject: Narrative on the proposed PUD ................................................................................................................................................................................................................................................................................................ Jeff The following is a description of the Pheasant Trail development. The seven buildings are designed to be leased residents providing the advantages of duplex condos without the cost and long range commitment of condominium purchasing. These homes will be very low impact to the surrounding area and on city services. The new parcel of 2.673 acres will provide 14 leased residents with two car garages, individual private direct entries, two bedroom and two bath with utility, laundry rooms private outdoor spaces and common green areas for the communities usage. Design to be comfortable intermit community were you know your neighbors but not live with them. The buildings are one story duplex style residences that will be built on vacant land that is part of the Hunter ridge development. This project as a small residence will have a very low impact on the surrounding condos. Parcel size is 116,435 sq and the buildings take up 26,936 sq the roads and parking areas at 44,746sq or 38% of the property. Midwest is edger to present the small leased residence style property into our Hunters Ridge development and to the city of Oshkosh. Thank you for your consideration John Mark Sent from Mail for Windows 10 Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here. CERTIFIED SURVEY MAP NO. BEING PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 5661 AS CORDED IN DOCUMENT NO. 1341844 AND PART OF LOT 1 OF CERTIFIED SURVEY MAP NO. 7040 AS RECORDED IN DOCUMENT NO. 1703416, )GATED IN THE SOUTHWEST 1/4 OF THE FRACTIONAL NORTHEAST 1/4 ND THE NORTHWEST IA OF THE FRACTIONALNORTHEAST 1/4,,ALL IN ECTION 4, TOWNSHIP 17 NORTH, RANGE 16 EAST. THIRTEENTH WARD. OWNERS OF RECORD: MIDWEST REAL ESTATE DEVELOPMENT 3, LLC & HUNTERS RIDGE OF OSHKOSH, LLC PARCEL NUMBER: 91329610100 & 91329600201 CURVETABLE CENTRAL ARC CHORD CHORD CURVE RADIUS ANGLE LENGTH 'BEARING LENGTH TANGENT BEARING Cl 160.00 10°05'24" 28.18 N05°34'30"E 28.14 N10°3712"E NOO°31-49"E (N04°0545'E) (N09°12'31"E)(NOD°52'53"E) LEGEND: 0 = 3/4" X 24" IRON REBAR SET, WEIGHING 1.502 LBS. PER LIN. FT. ® = 3W IRON REBAR FOUND & = BERNTSEN MONUMENT FOUND ® = HARRISON MONUMENT FOUND ( )= RECORDED AS -x-= EXISTING FENCE I�1 30 30 THE HOMES OFI HUNTERS RIDGE IV, Itr I CONDOMINIUM - S �I � V LOT 2 CSM#5774 I `R06ERTf REIDER * t 62, '` APPLEfONWI O TR9 QPR D'-IENIICN BA -SIN ERSDAM DEDICATED TO THE Cl OF OSWOSH PER CSM #5661 NORTH LINE OF THE FRACTIONAL NORTHEAST 1/4 OF SECTION 4 2N3 23' 11'� SOUTHEAST CORNER: SECTION 33-18-16 (26421T ) 512_3R _ 1345,76' 2642 08_ _ 1296.,& NORTH 1/4 CORNER 4 SEC110N 4-17-16 oo� oo I THE TOWNE HOMES OF HUNTERS RIDGE 1, CONDOMINIUM S89'281111 268.6( l�'-.d r-.. C40SWTAW SEVa EASE" OMCATEO TO THE M OF OSWOSH PER CSM#5661 OUTLOT 1 CSM#6659 LOT 1 CSM#5661 LOT 1 � m 116,435 SQ.FT.t z [2.6730 ACRES±] to UNIT OF YERAhDS AS DELINEATED BY TRA\7S A STUCK OF DAIEL N �. ENONEtRNG & ENv1RON1!O k o ON AUGUST 5, 2020 (TYPICAL) 1 �, o KETWJD BUFFER-j J - z - - - - LOT 2 Ty �r CSM#6573 9'2811 W 19323` CSM#7040 GRAPHIC SCALE.- 1 " = 100' 30 150 100 0 100 200 NORTH IS REFERENCED TO THE NORTH LINE OF THE FRACTIONAL NORTHEAST 114 OF SECTION 4, TOWNSHIP 17 NORTH, RANGE 16 EAST, 13TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, WHICH BEARS S89°12'35"E PER THE WISCONSIN COUNTY COORDINATE SYSTEM (WINNEBAGO COUNTY) t q ROBERT F. REIDER, PLS-1251 DATED CAROW LAND SURVEYING CO., INC. 615 N. LYNNDALE DR., P.O. BOX 1297 APPLETON, WISCONSIN 54912-1297 PHONE: (920)731-4168 A906.112-1-20 DATED:9-14-2020 DRAFTED BY: (cep ROD) SHEET 1 OF 4 SHEETS uE'P�D'xmv. _Z8 :- -ou o uawdo ana s ea sam I Jo Z.. 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Pheasant Trail GAVEL ENGINEERING � a City of Oshkosh, Winnebago County, WI SITE PLAN RrsEga carAtw>tar crs a' n For: Midwest Real Estate Development Co. 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