The URL can be used to link to this page

Home My WebLink About38. Outstanding Issuesd N N 110 f6 N 0 4� O ea a+ a-1+ L N 0 t N 0 0 O T 4- Other Notes On hold pending COVID-19 emergency. Community Development Staff has reviewed the most recent listing for state/federal grants for potentially reducing greenhouse gases. At this time there are no good candidates for an Oshkosh project. Will review and report status of grants at the end of 1st quarter/2021. Draft ordinance will be on the 2/16/21 Plan Commission agenda, followed by the first reading before Council on 2/23/21. Residents have been informed of timeline and will receive a copy of draft once it is finalized. Memo from City Attorney is attached and has been shared with residents. ADVOCAP continues to administer rental assistance program with funds from State and Federal funding. Eviction Moratorium extended through 1/31/21. City may use CDBG CARES funds for a rental assistance program if other state and federal funds are exhausted. Staff will bring back ordinance if Governor's order is rejected or expires. Date of Next Status Report/Update .y N 0 N ti V '1 N 0el CO O - N 0 N N E' 2/23/2021 N 0 N 01 N 1/26/2021 3/20/2021 Current Status Fire Department Facility Study underway. Referred to SAB for review. Representative Hintz reported to SAB on potential grant opportunities. "Lifeline rate option to be included in next rate application. Staff is drafting a zoning code amendment for council. Draft is anticipated to be ready on 2/2/21. Council resolution supporting emergency rule sent to DATCP. City Manager seeking contacts to initiate discussions with community leaders to identify next steps On hold because Governor's order has been extended. Title of Directive Facility Studies Request to seek assistance from State of Wisconsin to reduce greenhouse gas emissions Study the feasibility of creating "Lifeline" rates for base level utility usage Transitional Housing (1105 Jefferson) Assistance for Landlords and Tenants during COVID Emergency Community Conversations to address racism Mask Ordinance Affected Department(s) (If Applicable) d 0 N O vo CO Community Development Finance & Public Works City Manager Community Development City Manager City Manager & City Attorney Date of Initial Request CO .i n 0 0 \ .. 2/25/2020 0 0 m c 0 o 0 el o m a c 0 S 0 V Co N Oshkosh TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorne DATE: January 19, 2021 RE: Transitional Residential Housing Ordinance BACKGROUND In response to concerns raised by neighbors in the 1105 Jefferson Street area, staff was asked to review the City's ordinances along with ordinances from other communities in relation to regulation of sex offenders and Transitional Living Placement (TLP) facilities. ANALYSIS Based on the information provided by OPD and current challenges to sex offender ordinances in other municipalities, staff does not recommend bringing forward a "sex offender ordinance" at this time. With regard to regulating the establishment of transitional housing facilities, staff did review the current zoning classifications within the City of Oshkosh, particularly in relation to other similar uses and is recommending an ordinance change to address transitional placement facilities such as the Jefferson Street facility, clearly defining them under the code and treating them similarly to boarding houses which are not currently permitted in single family residential zoning classifications. Like boarding houses there is anticipated to be higher turnover within these types of facilities and due to the structuring, monitoring and provision of services associated with this use it is reasonable to anticipate additional traffic and parking issues and persons potentially coming and going at various hours of the day and night which may be inconsistent with single family residential neighborhoods. This proposed ordinance change would not require any immediate changes in operation at the Jefferson Street address, which will be grandfathered as a current legal non- conforming use until the use changes or stops for a period of a year when its non- conforming status will be lost. The proposed ordinance would however, prevent a similar rooming house type of transitional housing with a higher concentration of people than permissible as a "family" or "roommate" form of housing from locating in a single family residential zone in the future. In comparison to other municipalities, staff found that few municipalities regulate transitional placement facilities as a separate category. Green Bay, as has been referred to in discussions before the Council, does specifically regulate Transitional Living facilities for persons on parole or extended supervision, allowing them only by conditional use and only in their R-3 zoning (equivalent to our multifamily) and Mixed Use Districts. Other cities including Madison, Milwaukee and Racine have some references to similar facilities and similarly treat them as conditional or special uses. It should be noted that cities differ in the number and naming of zoning districts so a simple cut and paste of another municipality's ordinance is not feasible nor recommended. The proposed amendment from staff for Oshkosh would create a definition for Transitional Residential Housing and allow Transitional Residential Housing (TRH) facilities by CUP in Multifamily, Institutional, Neighborhood Mixed Use and Central Mixed Use zones. Staff believes that this recommendation is supportable by the type of use and is consistent without regard to the personal characteristics of residents who may be living in a particular location. While staff continues to review and finalize the proposed definition and ordinance amendments, below is a draft of the definition: Transitional Residential Housing: A premises other than community living arrangement or community based residential facility providing housing and appropriate supportive services for the temporary placement of persons on parole, extended supervision, or probation in a controlled environment, including supervision or monitoring, to help participants transition to self-sufficient living arrangements. Transitional Residential Housing is short-term, typically less than 24 months. A Transitional Residential Housing premises with more than 8 persons shall be considered, and subject to the requirements of, an Institutional Use as defined under this Code. Staff anticipates categorizing TRH facilities similarly to boarding houses under the City of Oshkosh's current zoning code. Boarding houses are permitted as conditional uses in certain multi -family, institutional and mixed use zones, namely MR-12, MR-20, MR-36, I, NMU, CMU zoning. Boarding houses are not a permitted or conditional use in single family, business or industrial zones. In multi -family, institutional, NMU and CMU zones neighborhood notification would be required as well as a plan commission public hearing prior to the establishment of a new TRH. As you are aware, state law requires that any conditions placed upon conditional uses be reasonable and measurable, to the extent practicable, as well as supported by substantial evidence. Some examples of conditions the City could put on the CUP that might meet the State's CUP requirements might relate to provision of adequate parking facilities or buffering for adjacent properties. The attached maps show areas of the City that would be available for placement of a TRH under a revised ordinance. CMU Totals: 10 Lots, 1.34 Acres I Totals: 8 Lots, 116.54 Acres MR-12 Totals: 34 Lots, 316.61 Acres MR-20 Totals: 5 Lots, 9.07 Acres MR-36 Totals: 3 Lots, 0.41 Acres NMU Totals: 11 Lots, 52.57 Acres Total : 71 lots, 496.54 acres TIMELINE AND APPROVALS Should Council wish to proceed with this option staff will carefully draft the proposed amendment to make certain it is clear and consistent with other provisions in the Municipal Code, and bring the proposed matter forward for Plan Commission and Council review and approval. If Council is agreeable with the proposed approach, staff anticipates finalizing the draft by February 2nd to be placed on the February 16th plan commission agenda followed by the first reading of the ordinance before Council on the February 23rd agenda and second reading and adoption on March 9'h. Those dates may change based on feedback from Council and/or plan commission. As always if anyone has any questions or concerns please feel free to call me or Community Development Director Davis. s93[ru-:.. isnamoe as rc .SNo4.334 s J m333331334 n I I9 33003513013 h 34 E t&3°310 33113031 1 s3+ a 1 I 1. .5-Noo3N _ - 1°b31130N RD —12 NOSA56D cbLEiW LA: pivunn nv r cone` mainvivnr —is inzeni oot ISDINYINSV 3 z; vs O 0 U CMU Totals: 10 Lot MR-36-UTO J LO a .. z z z Z