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HomeMy WebLinkAbout17. 21-100FEBRUARY 23, 2021 21-100 ORDINANCE FIRST READING (CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE TO ADD TRANSITIONAL RESIDENTIAL HOUSING INITIATED BY: COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO IMPROVE IMPLEMENTATION OF THE ORDINANCE WHICH BECAME EFFECTIVE JANUARY 1, 2017, INCLUDING, BUT NOT LIMITED TO: TRANSITIONAL RESIDENTIAL HOUSING The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-22(A) (175) is hereby created to establish a definition for Transitional Residential Housing. SECTION 2. That Section 30-42(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Multi-Family Residential – 12 District. SECTION 3. That Section 30-43(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Multi-Family Residential – 20 District. SECTION 4. That Section 30-44(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Multi-Family Residential – 36 District. FEBRUARY 23, 2021 21-100 ORDINANCE FIRST READING CONT’D SECTION 5. That Section 30-50(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Institutional District. SECTION 6. That Section 30-51(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Neighborhood Mixed Use District. SECTION 7. That Section 30-54(C) is hereby amended to include Transitional Residential Housing as a conditional use within the Central Mixed Use District. SECTION 8. That Section 30-74 is hereby amended to include Transitional Residential Housing in the Table of Land Uses. SECTION 9. That Section 30-75(N) is hereby created to add Transitional Residential Housing as a residential land use along with the definition. SECTION 10. That Section 30-77(J) is hereby amended to include Transitional Residential Housing with more than 8 persons in the Institutional Residential Land Use definition. SECTION 11. That Figure 30-175a is hereby amended to provide required number of off-street parking spaces for Transitional Residential Housing land use. SECTION 12. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance 21-100 AMEND VARIOUS SECTIONS OF CHAPTER 30 ZONING ORDINANCE TO ADD TRANSITIONAL RESIDENTIAL HOUSING on March 9, 2021. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236- 5011. 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: February 18, 2021 RE: Amend Various Sections of Chapter 30 Zoning Ordinance to Add Transitional Residential Housing (Plan Commission Recommends Approval) BACKGROUND The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. ANALYSIS The current ordinance does not include provisions for Transitional Residential Housing (TRH). Concerns regarding this type of land use have been brought to the attention of both the City Council and City staff and were discussed at several Common Council meetings. At Common Council direction, staff researched existing code and court cases and recommended amendments to the zoning ordinance to include provisions for a Transitional Residential Housing land use. Plan Commission discussed several aspects related to the proposed Transitional Residential Housing amendment at their February 16, 2021 meeting. Topics included:  Differences between Transitional Residential Housing (TRH) and Community Based Residential Faculties (CBRF). o CBRF up to 8 individuals are permitted in all single family, multi-family and mixed use district as a by right permitted use. o CBRF for 9-16 individuals are permitted as a Conditional Use Permit (CUP) in single family, multi-family and most mixed use districts. o CBRF for 16+ individuals are permitted as a Conditional Use Permit (CUP) in multi- family and most mixed use districts  How other transitional housing needs (like homelessness) are covered under the zoning ordinance.  Role of the Housing Study as it related to overall transitional housing needs. The Housing Study will examine and make recommendations for the range of transitional housing needs in Oshkosh. RECOMMENDATION The Plan Commission recommended approval of zoning text amendments at its February 16, 2021 meeting. 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: PUBLIC HEARING: TEXT AMENDMENTS TO THE ZONING ORDINANCE Plan Commission meeting of February 16, 2021. GENERAL INFORMATION Applicant: Department of Community Development Actions Requested: The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Applicable Ordinance Provisions: Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own motion or on petition after first submitting the proposal to the City Plan Commission, to amend, supplement or change Zoning District boundaries or regulations of the Zoning Ordinance. BACKGROUND INFORMATION The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. The ordinance currently does not include provisions for “Transitional Residential Housing”. Concerns regarding this type of land use have been brought to the attention of both City staff and Common Council and were discussed at several Common Council meetings. As a result, staff is recommending the following amendments to the Zoning Ordinance to include provisions for a Transitional Residential Housing land use. ANALYSIS Staff proposes amendments to the following Zoning Ordinance code sections: Section 30-22(A)(175) regarding Transitional Residential Housing definition Create Section (A)(175) to add Transitional Residential Housing in list of zoning ordinance definitions. Renumber definitions (175) – (192). This change is to provide a definition for the new land use of Transitional Residential Housing. Section 30-42 (C) regarding conditional uses in the Multi-family Residential – 12 District (MR- 12) Amend Section (C) to include Transitional Residential Housing as a conditional use. Item III - Text Amendments-Zoning Ordinance 2 This amendment is to include Transitional Residential Housing as a conditional use within the MR-12 district. Section 30-43 (C) regarding conditional uses in the Multi-family Residential – 20 District (MR- 20) Amend Section (C) to include Transitional Residential Housing as a conditional use. This amendment is to include Transitional Residential Housing as a conditional use within the MR-20 district. Section 30-44 (C) regarding conditional uses in the Multi-family Residential – 36 District (MR- 36) Amend Section (C) to include Transitional Residential Housing as a conditional use. This amendment is to include Transitional Residential Housing as a conditional use within the MR-36 district. Section 30-50 (C) regarding conditional uses in the Institutional District (I) Amend Section (C) to include Transitional Residential Housing as a conditional use. This amendment is to include Transitional Residential Housing as a conditional use within the Institutional district. Section 30-51(C) regarding conditional uses in the Neighborhood Mixed Use District (NMU) Amend Section (C) to include Transitional Residential Housing as a conditional use. This amendment is to include Transitional Residential Housing as a conditional use within the NMU district. Section 30-54 (C) regarding conditional uses in the Central Mixed Use District (CMU) Amend Section (C) to include Transitional Residential Housing as a conditional use. This amendment is to include Transitional Residential Housing as a conditional use in the CMU district. Section 30-74 regarding Table of Land Uses Amend table to include Transitional Residential Housing as a conditional use in MR-12, MR-20, MR-36, I, NMU, and CMU Districts. This amendment is to update the land use table to provide for consistency with the conditional uses (Transitional Residential Housing) that have been added to the aforementioned zoning districts. Section 30-75 (N) regarding Transitional Residential Housing land use Create Section (N) for Transitional Residential Housing land use description/definition. Item III - Text Amendments-Zoning Ordinance 3 This section is being added to include the new land use of Transitional Residential Housing as a residential land use. This section also defines Transitional Residential Housing. Section 30-77 (J) regarding Institutional Residential land use Amend Section (J) to include Transitional Residential Housing with more than 8 persons under definition/description of Institutional Residential land use. This amendment is to clarify that Transitional Residential Housing with more than 8 persons is considered an Institutional Residential use. Figure 30-175a regarding required number of off-street parking spaces Amend Figure to include required number of parking spaces for Transitional Residential Housing land use. This amendment is to provide a minimum parking requirement for the Transitional Residential Housing land use. Staff feels that the proposed amendments to the Zoning Ordinance will resolve identified land use concerns and ultimately strengthen the Code. RECOMMENDATION Staff recommends that the Plan Commission recommend approval of the proposed amendments to the Oshkosh Zoning Ordinance. 30-22(A): Definitions (175) 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. The 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 Residential Use as defined under this Code. (176) Transom: A horizontal bar of stone, wood or glass across the opening of a door or window. (177) Two family residential: A building designed for two separate dwelling units in which one dwelling unit may have a roof, wall, or floor in common with another dwelling unit. For the purposes of this Chapter, Duplex, Twin House, and Two Flat dwellings are considered to be two family residential. A single family dwelling with an attached accessory dwelling unit is not a two family dwelling. (178) Unnecessary hardship: The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with Item III - Text Amendments-Zoning Ordinance 4 restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. (179) Use: The purpose for which land or a building or structure is arranged, designed, or intended, or for which it is, or may be, occupied or maintained. (180) Variance: A relaxation of the terms of this Chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Chapter would result in unnecessary and undue hardship. (181) Vision triangle: See Section 30-174(D). (182) Waterfront setback: The shortest distance between the exterior of a building or structure and the nearest point on the Ordinary High Water Mark, excluding permitted projections per Section 30-114. (183) Wetland: An area that is saturated by surface water or groundwater, with vegetation adapted for life under those soil conditions. See also Section 23.32(1), Wis. Stats. (184) Wharf: Any structure in navigable waters extending along the shore and generally connected with the uplands throughout its length, built or maintained for the purpose of providing a berth for watercraft or for loading or unloading cargo or passengers onto or from watercraft. Such a structure may include a boat hoist or boat lift, and the hoist or lift may be permanent or may be removed seasonally. (185) Woodland: Areas of trees whose combined canopies cover a minimum of 80 percent of an area of one acre or more, as shown on USGS 7.5 minute topographic maps for the City of Oshkosh and its environs. (186) Yard: An open space, other than a court, on a lot unoccupied and unobstructed from the ground upward except as otherwise provided in this Chapter. (187) Yard, front: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot. (188) Yard, rear: A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot. (189) Yard, side: A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot. (190) Yard, street side: For corner lots, the yard between the front and rear lot lines, extending from the street side lot line to the nearest part of the nearest building or structure. (191) Yard, waterfront: A yard on a waterfront lot extending across the full width of the lot, the depth of which is the minimum distance between the Fox River, Lake Winnebago, or Lake Butte des Morts and a line parallel thereto on the lot. (192) Zoning map, official: The map adopted and designated by the City as being the “Official Zoning Map.” 30-42: (MR-12) Multi-Family Residential–12 Zoning District Item III - Text Amendments-Zoning Ordinance 5 (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Apartment (13-20 units per building) (2) Boarding House Living Arrangement (3) Cultivation (4) Indoor Institutional (5) Institutional Residential (6) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (7) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (8) Group Daycare Center (9) Bed and Breakfast (10) Apartments with Limited Commercial (11) Transit Center (12) Off-Site Parking Lot (13) Off-Site Structured Parking (14) Communication Tower (15) Adaptive Reuse (16) Transitional Residential Housing 30-43: (MR-20) Multi-Family Residential–20 Zoning District (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Apartment (21-36 units per building) (2) Boarding House Living Arrangement (3) Cultivation (4) Indoor Institutional (5) Institutional Residential (6) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (7) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (8) Group Daycare Center (9) Bed and Breakfast (10) Apartments with Limited Commercial (11) Transit Center (12) Off-Site Parking Lot (13) Off-Site Structured Parking (14) Communication Tower (15) Large Wind Energy System (16) Adaptive Reuse (17) Transitional Residential Housing Item III - Text Amendments-Zoning Ordinance 6 30-44: (MR-36) Multi-Family Residential–36 Zoning District (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Apartment (37+ units per building) (2) Boarding House Living Arrangement (3) Cultivation (4) Indoor Institutional (5) Institutional Residential (6) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (7) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (8) Group Daycare Center (9) Bed and Breakfast (10) Apartments with Limited Commercial (11) Transit Center (12) Off-Site Parking Lot (13) Off-Site Structured Parking (14) Communication Tower (15) Large Wind Energy System (16) Adaptive Reuse (17) Transitional Residential Housing 30-50: (I) Institutional Zoning District (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Boarding House Living Arrangement (2) Cultivation (3) Market Garden (4) Indoor Institutional (5) Large Scale Public Service and Utilities (6) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (7) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (8) Institutional Residential (9) Indoor Sales or Service (10) Restaurants, Taverns, and Indoor Commercial Entertainment (11) Outdoor Commercial Entertainment Item III - Text Amendments-Zoning Ordinance 7 (12) Commercial Indoor Lodging (13) Campground (14) Water-Related Recreation (15) Intensive Outdoor Activity (16) Apartments with Limited Commercial (17) Transit Center (18) Airport (19) Heliport (20) Communication Tower (21) Large Wind Energy System (22) Adaptive Reuse (23) Transitional Residential Housing 30-51: (NMU) Neighborhood Mixed Use Zoning District (A) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. (1) Twin House (2) Duplex (3) Townhouse (3-4 units per building) (4) Multiplex (3-4 units per building) (5) Apartment (3-4 units per building) (6) Boarding House Living Arrangement (7) Cultivation (8) Community Garden (9) Market Garden (10) Indoor Institutional (11) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (12) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (13) Physical Activity Studio (14) Restaurants, Taverns, and Indoor Commercial Entertainment (15) Outdoor Commercial Entertainment (16) Drive-Through and In-Vehicle Sales or Service (17) Group Daycare Center (18) Commercial Animal Boarding/Daycare (19) Commercial Indoor Lodging (20) Vehicle Sales (21) Vehicle Service and Repair (22) Intensive Outdoor Activity (23) Light Industrial Item III - Text Amendments-Zoning Ordinance 8 (24) Transit Center (25) Off-Site Parking Lot (26) Off-Site Structured Parking (27) Communication Tower (28) Large Wind Energy System (29) Transitional Residential Housing 30-54: (CMU) Central Mixed Use Zoning District (C) Principal Uses Permitted as Conditional Use. Refer to Article III for detailed definitions and requirements for each of the following land uses. [Revised 4/24/18] (1) Townhouse (3-8 units per building) (2) Multiplex (3-8 units per building) (3) Apartment (3+ units per building) (4) Boarding House Living Arrangement (5) Cultivation (6) Community Garden (7) Market Garden (8) Community Living Arrangement (9-15 residents) meeting the requirements of Section 30-77(H) (9) Community Living Arrangement (16+ residents) meeting the requirements of Section 30-77(I) (10) Drive-Through and In-Vehicle Sales or Service (11) Commercial Animal Boarding/Daycare (12) Water-Related Recreation (13) Intensive Outdoor Activity (14) Transit Center (15) Off-Site Parking Lot (16) Off-Site Structured Parking (17) Communication Tower (18) Large Wind Energy System (19) Manufacturing Retail [Created 6/11/19] (20) Transitional Residential Housing Item III - Text Amendments-Zoning Ordinance 9 30-74: Table of Land Uses 30-75: Residential Land Uses (N) 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. The Item III - Text Amendments-Zoning Ordinance 10 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 Residential Use as defined under this Code. 30-77: Institutional Land Uses (J) Institutional Residential: Residential development designed to accommodate Institutional Residential land uses, such as convents, monasteries, dormitories, fraternities, sororities, senior housing, retirement homes, assisted living facilities, nursing homes, hospices, convalescent homes, limited care facilities, rehabilitation centers, homeless shelters (with or without meal service), Transitional Residential Housing with more than 8 persons, and similar land uses not considered to be Community Living Arrangements under Sections 30- 77(G) through (I) of this ordinance or under the provisions of Wis. Stats. 62.23. Figure 30-175a: Number of Off-Street Parking Spaces Required by Land Use Item III - Text Amendments-Zoning Ordinance 11 The Plan Commission approved of amendments as requested. The following is the Plan Commission’s discussion on this item. Staff report accepted as part of the record. The City of Oshkosh Department of Community Development requests review and approval of amendments to the Oshkosh Zoning Ordinance. Mr. Slusarek and Mr. Lyons presented the item. The City of Oshkosh adopted a new zoning ordinance which went into effect on January 1, 2017. The ordinance currently does not include provisions for “Transitional Residential Housing”. Concerns regarding this type of land use have been brought to the attention of both City staff and Common Council and were discussed at several Common Council meetings and a Council workshop. As a result, staff is recommending amendments to the Zoning Ordinance to include provisions for a Transitional Residential Housing land use. Ms. Propp opened up technical questions to staff. Mr. Ford stated that in the e-mail Mr. Lyons forwarded to Council, there was a concern raised about eight individuals living in Transitional Residential Housing under this ordinance being inconsistent with ordinances limiting unrelated inviduals living together to six individuals. Mr. Lyons replied that staff would be open to changes with the input of this body and Council. Staff originally started with six individuals, mirroring what they have with the boarding house ordinance. Inspections Services provided feedback and cited eight individuals as a typical cut off between the residential and commercial land use in terms of how the building code requirements impact this. Ultimately that is why the eight individual determination was made after comparing with similar land uses for the rooming and boarding houses in that range. Usually empirical evidence is required to differentiate between those two options, so they cited building code to determine where the cut off was. Mr. Ford asked if it the ordinance would be theoretically indefensible if it was lowered to six individuals. Ms. Lorenson replied that the reason they looked at mirroring it up with the rooming house and citing the requirements in the building code is because it is the most defensible. If they’re going to change from that, they’d be looking for an explanation for that other than perceptions of who may be living there. Staff couldn’t justify that without empirical data so they looked at the building code and rooming house and determined it was the most similar and the most defensible. Mr. Ford asked if that’s the same explanation for how the individual zoning areas like multi- family residential were chosen to be included. Mr. Lyons replied affirmatively, adding that for multi-family districts they look at common uses and applicable codes. Item III - Text Amendments-Zoning Ordinance 12 Mr. Mitchell stated that re-entry for individuals with criminal records or interactions can be a significant challenge and a barrier for any sort of community housing success. He is curious if there is anything present beyond the City looking at a zoning ordinance amendment on an isolated basis. He asked if there is any sort of re-entry plan for Oshkosh and Winnebago County or if there is a committee working on this that would be able to provide a high degree of quality feedback from knowledgeable individuals to incorporate into a vision or plan. Mr. Lyons replied that he cannot speak to that larger issue. They were directed to look at the zoning code and land use aspect of it and determine how it could fit into their code. Mr. Mitchell stated that he feels like a plan is something that should be present. If they’re going to make decisions regarding the housing of individuals that have criminal records or have had that interaction, maybe the City could bring in some partners because it’s a serious problem across the nation. He would be curious to look at a map of these locations and asked if the possibilities that this amendment creates provide equal distribution across the City or if it isolates options to a few small pockets that would traditionally house lower income individuals. Mr. Lyons shared maps of different geographical areas within the City. He said that there are about 1,865 total lots and about 8,136 existing dwelling units within the zoning districts that they’re recommending for the conditional use permit. Mr. Mitchell stated that a lot of times this type of housing is referred to as re-entry housing or something regarding re-entry. It’s not that he thinks transition isn’t the proper description, but his concern is that words matter and what people associate with certain things matters a lot. They do have a need for transitional housing related to homeless individuals in the community and there are several efforts underway to develop those programs which serve different populations, although they can overlap. His concern is that there could be an issue at one of the homes adhering to this ordinance and the community associates the behavior at a transitional home for re-entry with efforts to provide transitional homeless services to folks because they don’t understand the distinction. They end up having a considerable hurdle in the community because things were not named clearly enough from the beginning. Transitional Residential Housing does not seem to be a typical name. He asked why it was selected and if it has to stay that way. Mr. Lyons replied that they looked at other existing zoning ordinances including HUD’s definitions. They also did some research on other ordinances like Green Bay, Milwaukee, and Madison in determining the name. Mr. Mitchell stated that the more common transitional housing refers to a step between homelessness and some form of more permanent rental housing or ownership and it is not typically limited to just individuals who are participating in some sort of corrections transition. He asked if the transitional homeless programming is squared away in the ordinance, meaning they’re not going to have to have a Transitional Residential Housing section and then a transitional housing section that excludes the word residential. Item III - Text Amendments-Zoning Ordinance 13 Mr. Lyons replied affirmatively, adding that they have two other land uses currently that meet some of those needs depending upon the services provided. The type of facility in their institutional residential land uses cover the vast majority or 99% of those. For this one, they were asked to look at a specific segment of it. Mr. Perry asked what four to eight bed CBRFs are zoned under. Mr. Lyons replied that one to eight CBRFs or community living arrangements are permitted in a number of districts. Nine to thirteen are CUPs. Mr. Perry asked if four to eight bed CBRFs are zoned as a rooming house or considered a rooming house. Mr. Lyons replied that the difference in the ordinance for CBRFs is that they use the community living arrangement land use if they are state regulated or licensed and they use the rooming and boarding house land use if they are not a licensed facility. Mr. Perry stated that he firmly believes that this is misclassified under rooming. It should probably be more under the CBRF statute simply because when you have a rooming house you have no services whatsoever and in Transitional Residential Housing, while services are somewhat limited, there are still services in the homes. He thinks this is an issue of being incorrectly classified and that perhaps it should be under more of the four to eight bed CBRF codes within the City. Mr. Lyons replied that when staff looked at it, the four to eight CBRF units are permitted uses in single family residential zoning districts. Based on the direction they were provided, staff looked at this as more of the intense boarding and rooming house land use, which is why they chose to go with more similar districts with that land use. Ms. Propp stated that she wanted to point out that they are not voting on locations today. They’re voting on a text amendment to the ordinance, so the maps Mr. Lyons provided were informational and they were not included in the staff report. She asked how many people are currently in a dwelling like this because they have some dwellings that don’t come under this kind of ordinance. Mr. Lyons replied that they have existing land uses that would be deemed legal non- conforming if this ordinance went into place. For example, the facility that prompted this discussion is eight individuals a duplex, with four individuals in each side, so it’s similar to what was proposed here. There may be other facilities in the City that this ordinance would not directly affect because they would be legal non-conforming. They cannot regulate out an individual property of a common zoning through zoning. They have to handle it by zoning district and use conditional use permits to evaluate specific sites. Ms. Propp asked if there were other such dwellings that might have four or six people. Item III - Text Amendments-Zoning Ordinance 14 Mr. Lyons asked if Ms. Propp was asking if the dwellings had four to six people or four to six people who would fall under this placement of persons on parole. Ms. Propp replied placement of persons of on parole. Mr. Lyons replied that he does not know of another specific example off the top of his head. He would need to look to see what else the Department of Justice has in Oshkosh. Ms. Propp asked for confirmation that the Attorney and staff believe that they need to have up to eight persons in the ordinance. Mr. Lyons replied that more than eight persons would get bumped up into the institutional residential zoning district. It’s not that they’re not permitted, but that they’re categorized separately because it’s a more intense land use than those under eight individuals. Ms. Propp asked if this applies for up to eight residents then. Mr. Lyons replied that they are amending both at the same time. They’re adding the land use for one to eight individuals and also amending the institutional residential that would include more than eight individuals. That more than eight would constitute institutional residential is in the end part of the definition. Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. There were no statements from the applicant. There were no public comments on this item. Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing statements. Mr. Lyons replied that staff tried to take the direction they were given, evaluate what was out there for other ordinances, and work with the City to come up with what they felt was a reasonable ordinance amendment based on the information available to them. Motion by Ford to adopt the findings and recommendations as stated in the staff report. Seconded by Kiefer. Ms. Propp asked if there was any discussion on the motion. Mr. Mitchell asked if anyone in any sort of City planning role is looking at re-entry housing, the challenges that our community has, or best practices and that sort of thing. He asked if re-entry housing is going to be part of the housing study. Item III - Text Amendments-Zoning Ordinance 15 Mr. Lyons replied that it is one of the elements of the housing study. Mr. Ford stated that he wanted to thank City staff and City Attorney Lorenson for their work on this. Staff stated this in the background, but they had a workshop on this at Council and it was Council that directed staff to come back with this. To Mr. Mitchell’s point, he does understand and it makes sense that they need to have a larger re-entry plan. Any failure to do that should not be directed at City staff. It should be directed toward Council, himself included. To that end, they did articulate a goal for the City Manager to address issues of individuals experiencing homelessness in the community. At the very least, they’ve set a marker on that aspect of it. He knows that’s only part of it, but the point is well taken and he is happy to take the blame on that. He will certainly bring this up at Council when it comes to them for a vote. Mr. Perry stated that while he firmly believes this is being considered under the wrong category, he is comforted in knowing that it will still require a conditional use permit, so therefore noticing of the neighbors and neighborhood still applies. He can support it as it is now, but he would really love for it to be looked at in terms of services provided in a residential facility. Even if it is a small amount of services provided, it should be categorized as something other than rooming. Motion carried 9-0.