HomeMy WebLinkAbout23. 21-391JULY 27, 2021 21-391 RESOLUTION
CARRIED__5-1P_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND
CONDITIONAL USE PERMIT FOR AN INDOOR INSTITUTIONAL
USE AT THE NORTHWEST CORNER OF CEAPE AVENUE AND
BROAD STREET
INITIATED BY: DAY BY DAY WARMING SHELTER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the Plan Commission finds that the General Development Plan and
Conditional Use Permit for an Indoor Institutional Use for the property located at the
northwest corner of Ceape Avenue and Broad Street, is consistent with the criteria
established in Sections 30-382 and 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a General Development Plan and Conditional Use Permit for the property
located at the northwest corner of Ceape Avenue and Broad Street, per the attached, is
hereby approved with the following condition:
1. No base standard modification (BSM) shall be granted as part of the General
Development Plan (GDP) approval. Rather, approval, conditional approval, or
denial of each BSM will be undertaken as part of Specific Implementation Plan
(SIP) approval.
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: July 22, 2021
RE: Approve General Development Plan and Conditional Use Permit for an Indoor
Industrial Use at the Northwest Corner of Ceape Avenue and Broad Street
BACKGROUND
The applicant requests approval of a General Development Plan and a Conditional Use Permit
for an indoor institutional use at the northwest corner of Ceape Avenue and Broad Street. The
subject area included in the zone change request consists of a vacant commercial lot and a vacant
residential lot totaling approximately 1.64 acres. The vacant commercial lot has frontage on
Ceape Avenue, Broad Street, and Otter Avenue and the vacant residential lot has frontage on
Broad Street. The surrounding area consists primarily of residential uses to the north and east
along with Riverside Park to the south and Court Tower Condominium to the west. The 2040
Comprehensive Plan recommends Center City land use for the subject properties.
ANALYSIS
The applicant is proposing to combine the two subject parcels into a single lot for an institutional
residential development (Day by Day Warming Shelter). A CSM is required to combine the
parcels and will need to be submitted to the Department of Community Development for
review. The proposed development includes a single story 12,970 square foot warming shelter
to provide overnight accommodation for the local homeless population, allowing up to 50-60
guests per night. The site will also include a 16-stall parking lot for employee and guest parking,
with one-way access from Broad Street to Otter Avenue.
With approval of the rezone to Institutional District with a Planned Development Overlay (I-
PD), the applicant may request a Conditional Use Permit for the proposed indoor institutional
development. The proposed plan will require base standard modifications (BSMs) for reduced
front setbacks along Otter Avenue and Ceape Avenue and reduced street side setback along
Broad Street. A BSM will likely be needed for the impervious surface ratio as the site appears to
exceed the maximum 60% for the lot.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
The proposal was discussed at a Plan Commission workshop as well as a neighborhood meeting
on June 1, 2021. Both Plan Commission and the neighborhood residents in attendance voiced
support for the plans.
Staff is supportive of the General Development Plan as the site layout is generally compatible
with the surrounding relatively high density urban area. Staff is recommending that any BSMs
be addressed as part of the Specific Implementation Plan (SIP) review. Staff is also supportive
of the request for a Conditional Use Permit as the proposed indoor institutional use is consistent
with surrounding institutional and high density residential land uses as well as the 2040
Comprehensive Land Use recommendation of Center City. The proposed warming shelter will
also provide a valuable service to the community.
FISCAL IMPACT
Approval of this project would not result in an increase in the assessed property value for the
site as the Day by Day Warming Shelter is tax exempt. The applicant is anticipating spending
approximately $3.5 million on the development.
RECOMMENDATION
The Plan Commission recommended approval of the General Development Plan and
Conditional Use Permit on July 6, 2021. Please see the attached staff report and meeting minutes
for more information.
Respectfully Submitted, Approved:
Mark Lyons John Fitzpatrick
Planning Services Manager Assistant City Manager / Director of
Administrative Services
ITEM: GENERAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT
REQUEST FOR AN INDOOR INSTITUTIONAL USE AT THE NORTHWEST
CORNER OF CEAPE AVENUE AND BROAD STREET
Plan Commission meeting of July 6, 2021.
GENERAL INFORMATION
Applicant: Day by Day Warming Shelter
Owner: Oshkosh Housing Authority
Action(s) Requested:
The applicant requests approval of a General Development Plan and a Conditional Use Permit
for an indoor institutional use at the northwest corner of Ceape Avenue and Broad Street.
Applicable Ordinance Provisions:
Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Indoor
Institutional uses are permitted only through a conditional use permit in the Institutional
District (I) as regulated in Section 30-50 (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 subject area included in the zone change request consists of a vacant commercial lot and
vacant residential lot with a total of approximately 1.64 acres. The vacant commercial lot has
frontage on Ceape Ave., Broad St., and Otter Ave. The vacant residential lot has frontage on
Broad St. The surrounding area consists primarily of residential uses to the north and east along
with Riverside Park to the south and Court Tower Condominium to the west. The 2040
Comprehensive Plan recommends Center City land use for the subject properties.
Subject Site
Existing Land Use Zoning
Vacant Commercial & vacant residential UMU & UMU-PD
Adjacent Land Use and Zoning
Existing Uses Zoning
North Residential UMU & TR-10
South Riverside Park I-PD-RFO
East Residential TR-10
West Multi-family residential I
Recognized Neighborhood Organizations
River East
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Center City
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 2
ANALYSIS
The applicant is proposing to combine the two subject parcels into a single lot for an
institutional residential development (Day by Day Warming Shelter). A CSM will be required to
combine the parcels, and will need to be submitted to the Department of Community
Development for review. The proposed development includes a single story 12,970 sq. ft.
warming shelter which will provide overnight accommodation for the local homeless
population, allowing up to 50-60 guests per night. The site will also include a 16-stall parking
lot for employee and guest parking, with one-way access from Broad Street to Otter Avenue.
The previous item was for a rezone of the subject site to Institutional District with a Planned
Development Overlay (I-PD), as the existing Urban Mixed Use District with a Planned
Development Overlay (UMU-PD) does not allow indoor institutional land uses. With approval
of the rezone, the applicant may request a Conditional Use Permit (CUP) for the proposed
indoor institutional development. The proposed plan will require base standard modifications
(BSMs) for reduced front setbacks along Otter Ave. and Ceape Ave. (minimum 30’ setback) and
reduced street side setback along Broad St. (minimum 25’ setback). A BSM will likely be
needed for the impervious surface ratio as the site appears to exceed the maximum 60% for the
lot.
As noted in the Rezone staff report, the proposal was discussed at a Plan Commission workshop as
well as a neighborhood meeting on June 1, 2021. Both Plan Commission and the neighborhood
residents in attendance voiced support for the plans.
Staff is supportive of the General Development Plan as the site layout is generally compatible
with the surrounding relatively high density urban area. Staff is recommending that all needed
BSMs be addressed as part of the Specific Implementation Plan (SIP) review. Staff is also
supportive of the request for a Conditional Use Permit as the proposed indoor institutional use
is consistent with surrounding institutional and high density residential land uses as well as the
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 3
2040 Comprehensive Land Use recommendation of Center City. The proposed warming shelter
will also provide a valuable service to the community.
Signage
The submitted preliminary renderings show a monument sign along the Ceape Ave. frontage.
As shown, the sign appears to meet sign dimension requirements for the Institutional District.
Final signage plans will be addressed under the SIP request.
Landscaping
The preliminary plans did not include a landscaping plan. Final landscaping plans will need to
be submitted as part of the SIP request. The applicant will need to meet all landscaping
requirements for building foundation, street frontage, paved areas, and yards, or apply for base
standard modifications.
Storm Water Management/Utilities
A preliminary storm water management plan was included with this request. The Department
of Public Works has noted that the site will be classified predominantly as redevelopment site
will be subject to the requirements of Chapter 14 of the City of Oshkosh Municipal Code Storm
Water Management. This will be addressed during the SIP and Site Plan Review processes.
Site Lighting
Lighting plans for the site have not yet been submitted. Lighting plans will be required to be
submitted as part of the SIP request.
Building Facades
Preliminary building renderings were submitted as part of the GDP request, and include a
combination of masonry and siding as exterior materials. Final building elevations will be
required to be submitted as part of the SIP request.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Planned
Development district, staff recommends the Plan Commission make the following findings
based on the criteria established by Chapter 30-387 (C)(6):
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 4
(a) The proposed Planned Development project is consistent with the overall purpose
and intent of this Chapter.
(b) The proposed Planned Development project is consistent with the City’s
Comprehensive Plan and other area plans. (It is the responsibility of the City to
determine such consistency.)
(c) The proposed Planned Development project would maintain the desired
relationships between land uses, land use densities and intensities, and land use impacts
in the environs of the subject site.
(d) Adequate public infrastructure is or will be available to accommodate the range of
uses being proposed for the Planned Development project, including but not limited to
public sewer and water and public roads.
(e) The proposed Planned Development project will incorporate appropriate and
adequate buffers and transitions between areas of different land uses and development
densities/intensities.
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 General Development Plan and Conditional Use Permit with
the findings listed above and the following condition:
1. No base standard modification (BSM) shall be granted as part of the General
Development Plan (GDP) approval. Rather, approval, conditional approval, or denial of
each BSM will be undertaken as part of Specific Implementation Plan (SIP) approval.
Plan Commission approved of the General Development Plan and Conditional Use Permit with
a condition on July 6, 2021. The following is Plan Commission’s discussion on the item.
Mr. Mitchell excused himself from the discussion for items X and XI due to a conflict of interest.
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 5
Site Inspections Report: Mr. Perry, Ms. Propp, Mr. Kiefer, and Mr. Ford reported visiting the
site.
Staff report accepted as part of the record.
The applicant requests approval of a General Development Plan and a Conditional Use Permit
for an indoor institutional use at the northwest corner of Ceape Avenue and Broad Street.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject area included in the zone change request
consists of a vacant commercial lot and vacant residential lot with a total of approximately 1.64
acres. The vacant commercial lot has frontage on Ceape Ave., Broad St., and Otter Ave. The
vacant residential lot has frontage on Broad St. The surrounding area consists primarily of
residential uses to the north and east along with Riverside Park to the south and Court Tower
Condominium to the west. The 2040 Comprehensive Plan recommends Center City land use
for the subject properties.
Staff is supportive of the General Development Plan as the site layout is generally compatible
with the surrounding relatively high density urban area. Staff is recommending that all needed
BSMs be addressed as part of the Specific Implementation Plan (SIP) review. Staff is also
supportive of the request for a Conditional Use Permit as the proposed indoor institutional use
is consistent with surrounding institutional and high density residential land uses as well as the
2040 Comprehensive Land Use recommendation of Center City. The proposed warming shelter
will also provide a valuable service to the community. Staff recommends approval of the
General Development Plan and Conditional Use Permit with the findings and conditions listed
in the staff report.
Mr. Hinz opened up technical questions to staff.
There were no technical questions on this item.
Mr. Hinz asked if there were any public comments and asked if the applicant wanted to make
any statements.
There were no statements from the applicant.
Mr. Keith Wirch, 402 Otter Avenue, stated that they moved here from Minneapolis a year and a
half ago, but they lived here previously and it is great to return. Their neighborhood has a
railroad that sits right there, an amphitheater a block away, the large Court Tower low income
housing, and the fire department. In their time in Minneapolis, they had multiple negative
interactions with the homeless population such as harassment, miscellaneous crime, and
panhandling. In their opinion the addition of this shelter will cause excessive loitering as the
population waits for it to open causing an unsafe environment for his family, especially for his
wife who walks their dog in the neighborhood. He understands that there is a need to assist the
homeless population here. He frequently goes down to Riverside Park and he sees them there
and the tents. He does not enjoy being the “not in my yard” group of their neighborhood.
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 6
They’ve made accommodations to live with the railroad nearby and they’ve reached out to their
new neighbors at Court Tower who cycle in and out. They also have the music from the
amphitheater nearby. The addition of this is another burden onto their neighborhood and he
asks that they at least consider that as they make the zoning change decision.
Ms. Amanda Wirch, 402 Otter Avenue, stated that the report notes that the neighborhood
association had voiced support for this. What she received for this regarding the neighborhood
association was that the core leadership had met with the warming shelter. As a neighborhood
association member based on her location, she never received a letter in the mail about this
specifically. She thinks it is slightly misleading, although not intentionally so to say that the
neighborhood as a whole has supported this. Some of the neighbors who live across the street
do not support it, but they are not comfortable speaking here. She has a few things she thinks
should be taken into consideration. One is that there needs to be more discussion with the
neighborhoods. The house right next door did not receive notification because they rent. They
are going to have to live next a property with no knowledge of what it is going to become. A lot
of the area residents are renters. If their landlord doesn’t let them know about this change, then
they have no idea. In the report it says this is an overnight only shelter. Her concern is that
they’re potentially forcing a population who may or may not leave the area during the day back
out onto the street. It would be one thing if services were provided all day, but she doesn’t
know that based on the report provided. The homeless population statistically has mental
health needs making it difficult to retain employment and housing. If there isn’t going to be
supervision and services provided all day, then she thinks they are allowing for some possible
negative interactions within the neighborhood and with the needs of the homeless population.
She is wanting the City to at least take this into consideration and provide more information
about what’s going to be happening there, who is taking responsibility, and who is taking care
of the populations’ needs both day and night. They should also make sure that the majority of
the neighborhood is actually notified, including renters. She doesn’t know if anyone in Court
Tower received any notification. She thinks it is important to know who is going to take
responsibility for the potential change in dynamic in the neighborhood.
Ms. Courtney Sullivan, 406 Otter Avenue, asked where they are heading with this
neighborhood and if it is more towards industrial and not residential.
Mr. Lyons replied that this is a site that has long been owned by the Housing Authority and the
expectation for this property was always for development of non-residential. That has no
impact on the broader character of the area. They still encourage a viable and active
neighborhood.
Ms. Sullivan replied that this looks very institutional and does not seem to fit with the character
of the neighborhood.
Mr. Lyons replied that they can let the applicants address the reasoning for the look of the
building.
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 7
Ms. Sullivan replied that she has had nothing but really negative experience from living close to
a homeless shelter. She has already found drug paraphernalia outside of her home in her yard.
They’re already there doing these things as it is now. She has young children and they play
outside. What is she supposed to say when her kid finds a syringe on the ground? It’s insane.
She chose to live in this neighborhood, but she didn’t choose to find these things or have people
loitering around the area. Unless it’s an open all-day thing, it doesn’t help what’s happening
during the day. This is great and they should have a place to go and she sees that and she’s
sorry if she seems angry about this, but she is angry about it. She doesn’t think it’s helping the
situation in the neighborhood. Homeowners like her did not receive a notification in the mail
about the public meeting. They only got a letter from the neighborhood association and the City
about how the neighborhood association core team met with them and she doesn’t even know
who the core team is. She’s lived in River East for four years now and she thinks she’s gotten
two letters in the mail about a neighborhood meeting. She feels like the neighborhood should
have a little more information before it is brought here as a vote. As her neighbor said, the
renters around the area weren’t even notified. She feels like they should have a say too. She also
wants to know if there is going to be an increased police presence and if this is going to decrease
the resale value of her home with having things rezoned. It’s not the best neighborhood in
Oshkosh, but she would like it to be better. She doesn’t feel like this is going to help the
neighborhood improve like it should. She is hoping that the petitioners have answers for her,
but she really hopes the Plan Commission asks how the neighborhood really does feel and not
just the core team. She doesn’t think anyone in the vicinity of this is in the core team. River East
is a pretty decent sized neighborhood and she feels like they’re not being properly represented
here.
Mr. Coulibaly asked Ms. Sullivan if she is systematically opposed to the development or if she
wants the issues addressed.
Ms. Sullivan replied that she is systematically opposed to it.
Mr. Brad Lasky, 1319 Bay Shore Drive, stated that he is really here to learn more about the
project. Similar to the previous speakers, the first time he was notified was through the Oshkosh
Examiner. He started talking to a number of people because the article stated that everyone
thought this was a really good idea. He doesn’t think it is a good idea. He thinks it is well-
intentioned, but in a very poorly located area for a number of reasons. He grew up in Oshkosh
and has been here thirty five years and he is passionate about where he grew up. They’ve
worked very hard to get their neighborhood to be more owner-occupied and this goes against
that and the feel of the neighborhood. He also has concerns about what happens to their
neighborhood when Washington School disappears. He is here to learn and he is interested to
hear about the site selection and why this the right site for this development. There are other
locations in the City that he feels are more suitable, but what those are is up for interpretation.
He is here to learn because he doesn’t know much about this project.
Ms. Carmen Scott, 521 Otter, stated that her home is directly in the line of sight of the building.
She appreciates her neighbor’s viewpoints. She is on the core team. It is not a secret society. It is
people who stepped up and said that they want their neighborhood to be a better place. If
someone is not aware of the core team, they haven’t looked at flyers, been on Facebook, or come
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 8
to any of the meetings. Two mailings are sent out annually for the fall and spring meeting and
at each of these meetings there is a sign up. There is a lot of communication and she understand
there’s a lot of chatter that goes on. She understands that everyone is busy, but those of them
that chose to be on the core team and others in the neighborhood attended an informative
meeting on June 1st that involved Day by Day, the architects, and the security. She lives six
houses away from the train. She walks her dog four or five times a day and goes by that site
several times every day. She goes down to the river about four times per week. There are
homeless already there. She made a choice when they moved here four years ago that
walkability and the amenities overshadowed that. Moving into River East, she knew the
reputation and she knew it wasn’t pristine, but she also knew it would take individuals who
wanted to make a difference. They moved here from a different state. She doesn’t know how
many of them have been homeless, but twice they came very close to homelessness because of
her husband’s terminal brain injury. She’s gone bankrupt and been an abused spouse. She can’t
tell you how her heart hurts when she hears people saying that the homeless are all mentally ill
and that they’re all have substance abuse issues. There is a large percentage of individuals who
are actually working poor. She’s sure that Day by Day is going to address the security issues.
Her understanding is that the homeless population will be doubling meaning fifty to sixty
individuals. She imagines a high percentage are already hanging out in the library or living by
the river. She thinks the site selection is awesome. The police and fire departments are nearby.
It’s a locked unit, so they can’t leave at night. They do security checks every day on every
individual. She would rather have this that a vacant lot. She think it actually helps the
neighborhood since the four years she has been there. She has neighbors who are renters and
they’re fantastic and active and in the core group. It’s really up to each individual to decide how
they want to perceive this. “Not in my backyard” is something she understands and she
understands property values and wanting to have a great neighborhood. She thinks they are a
great neighborhood. She’s seen that that they are a compassionate neighborhood and she thinks
this goes right in line with the kind of neighborhood that she bought into for a lot of reasons.
It’s actually a great location that is close to the bus route. There are a number of people who are
homeless because they can’t work because they don’t have a car. So if they put this somewhere
out where no one is going to see them and they aren’t going to bother anyone, they aren’t going
to have transportation which is going to be a huge issue. It is a gigantic barrier. There are
mentally ill individuals and individuals on drugs and alcohol, but it’s not everyone. She knows
Day by Day will hopefully address these issues and it can be a discussion and not something
that is shoved down someone’s throat. She can appreciate if people have not volunteered and
been part of the neighborhood core group. They didn’t vote on anything as a neighborhood.
Mr. Hinz closed public comments and asked if the applicant wanted to make any closing
statements.
Mr. Eric Spar stated that he is a member and treasurer of the Day by Day board. Currently the
shelter is operating out of the basement of the church. It operates six months out of the year and
that is the maximum it can operate with the permit it has right now. When it goes out of season
when summer hits, then those individuals that stay at the shelter during the colder times are on
their own. There isn’t an alternative place that will take all of them. There are other locations
that are more restrictive than Day by Day. Essentially when summer hits, these individuals are
all over the place. This is a population that is generally not very mobile. If the site is not in a
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 9
location where the population it’s meant to serve is already located, they’re not going to be able
to get there. That was one of the things that went into site selection. There were other sites that
were looked at, including existing sites that would not have been new construction. Ultimately
this site was selected as the most appropriate. As far as the number of police calls, the number
of calls and police attention needed at the shelter while operational is far less significant than
the same population when the shelter is not operational. Law enforcement is needed much
more when they don’t have a place to stay at night. He understands that there is always concern
about that and he understand the concerns about this is population having a higher instance of
mental health and substance abuse issues than the average population. Those are things that the
shelter attempts to address and there are services in place there. There is a counselor during the
day to provide services to those utilizing the shelter at night. It opens in the evening for people
staying there overnight. They are served dinner there and have breakfast available and are
sometimes provided food during the day. It’s not a place where they’re staying 24 hours and
they are leaving during the day. There are some classes provided there as well both in and out
of season. There is a group that is part of planning the shelter right now that is specifically
dedicated to security concerns. It is something that they think about also. Their group doesn’t
want there to be issues for neighbors because that causes problems for them as well. Some of
the other sites they were looking at had more than one story which created some problems for
staff being able to monitor the individuals staying at the shelter. Considerations were given to
how appropriately people can be monitored by staff working there. They try to provide the best
monitoring that they can.
Mr. Jason Havlik stated that he is a member of the Day by Day Board. In regards to the selection
of the particular site, they had a team that was looking at this for quite some time and they
basically based this on three main principles. The first principle was the safety and security of
their guests and the community, the second one was geographic location related to amenities
and transportation, and the third principle was financial. It would be significantly more
expensive to renovate an existing space. They are funded through different volunteers and so
when it comes to looking at putting a building up, they have to be very cost-conscious to ensure
that they’re making the best decisions for their guests and making sure they have a good
program to be involved with. All of their principles around this building is making sure that
they are caring for the needs of their guests.
Ms. Propp asked if someone could speak more about the daytime services.
Mr. Havlik stated that the best person to answer those questions is not here today, but they can
get back to them on that.
Mr. Lyons replied that based on the discussions they’ve had, it’s more beneficial to have them
leave during the day to work or look for employment. At the same time, they provide needed
services in the shelter. Although it is not 24 hours, there are services and classes available for the
guests during the day. Based on the information provided, they have kind of a two sided
approach.
Mr. Spar stated that employees of the warming shelter are primarily there during the day. It’s
not something where people are coming and going completely unsupervised. If someone is
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 10
going to be creating problems and they want access to the shelter, it’s probably not the area they
want to be creating problems because the employees are going to see that. They haven’t seen a
significant history of guests causing problems in the area where it is currently located. It’s not as
residential of an area as the proposal is now though.
Ms. Propp stated that Day by Day obviously has a PR problem. She strongly recommends that
board members have another meeting and figure out how to engage the neighborhood so a lot
of these things can be resolved before it goes to Council.
Mr. Mike Karrels from Karrels & Associates stated that he can understand the neighbor’s
viewpoints and the unknown is scary. Regarding the building composition, it is a very efficient
building. They may not agree as far as the aesthetics, but a lot of institutional buildings are like
this. It is an institutional building by nature. It doesn’t serve the neighborhood in the same way
a Victorian home would. That is why they are going through the rezoning process. They do
their best to try and meld the ideologies of the buildings in the surrounding area. They have the
masonry from Court Tower rendered there and they are trying to tie alike things together. It
may not be perfect, but it is an efficient vehicle for this process.
Mr. Coulibaly asked if the residents are allowed in the building unless there are some
instructional activities. He asked how close they are allowed to be to the facility during the day
or if there is a buffer area around the building.
Mr. Havlik stated that the guests are able to come in at 6:00pm. Everyone is registered and staff
completes a full background check each and every day on every guest as they come through.
Once they are in the facility, they are not able to leave. Each guest has a series of chores to do
and then they need to be out by 8:00am the next morning. They will get a bag of food to take
with them and they will have programs in the day the guests can utilize.
Mr. Spar replied that he is not aware of a specific buffer area or rule, but what they’ve seen with
the current location is that they tend to stay in the vicinity of the shelter. Part of what the staff
will do with them is to help them find other things to do during the day such a job or job
searching. They end up naturally getting out of the area.
Mr. Ford stated that his understanding is that they are increasing the number of guests they can
have from the old place. He asked if the design meets that need or if the concerns voiced on
Facebook about attracting people outside of the community and creating additional need are
justified.
Mr. Spar replied that there is no way to go over 25 currently, but it was fairly common in
previous seasons that there would have to turn people away because they hit the cap. He can’t
speak to Facebook comments suggesting that it’s going to draw people, but it’s not really a
mobile population. There was a need for increased capacity. This will accommodate 50 with
overflow for up to over 60 in the new facility.
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 11
Mr. Havlik stated that a lieutenant is part of their board as well. They have been working
directly with Karrels & Associates to develop the infrastructure for a security system within the
shelter.
Mr. Havlik and Mr. Spar thanked the Plan Commission for their time.
Motion by Propp to adopt the findings and recommendations as stated in the staff report.
Seconded by Perry.
Mr. Hinz asked if there was any discussion on the motion.
Ms. Propp stated that she is discouraged that other members of the board have been unable to
attend these meetings to address the neighbor’s concerns. She understands the concerns that
have been mentioned. She thinks that this is a good location and there is a huge need. She
knows people that have volunteered and they have nothing but positive comments about how
the shelter is run in the evening, how volunteers are utilized, and positive interactions with the
guests. She thinks there is a lot of hope and opportunity here and she’d like to see this move
forward. She would also like to hear from another board member who better understands the
services and what will happen with the facility.
Mr. Kiefer stated that he is a former resident of that area and his mom still lives in that
neighborhood. He was on the Housing Authority board when they first started talking about
the possible use of the land. He had mixed emotions about what is was going to do to the
neighborhood. The neighborhood is in great need of development and redevelopment. The
Neighborhood Associations have done a wonderful job encouraging growth. He also
understands the need and the need has probably grown with COVID. There’s more people who
are unable to stay in their residences. He wanted to let the neighbors know that he understands
where they are coming from and he hopes that this could be the beginning of further
development and redevelopment in that area. He is hoping that this area could be more
targeted for redevelopment with the ARPA money the City receives.
Mr. Ford stated that as a reminder, they are voting on whether or not this is an appropriate land
use, which is a pretty narrow thing to look at. The larger question of whether or not it is a good
idea is a policy question which comes up anytime they have institutional uses come up against
residential uses. He understands where people are coming from. He hopes that before this gets
to Council, some of the folks who are concerned about the location continue listening, asking
questions, and articulating alternative plans. He hopes the folks at Day by Day continue their
public education efforts to provide a better idea about what specifically will happen there. It
would go a long way to reassure the City and the community that what’s going on there is what
is supposed to be going on there. He hopes they are able to articulate how this plan for a
specific project fits into the larger issue of addressing homelessness in the City. Those opposed
and those in favor all agree that something needs to be done to address people experiencing
homelessness in the community. It can’t just be a building. It needs to be a larger project.
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 12
Mr. Perry stated that he is the leader of a non-profit and his office is in the Oshkosh Public
Library. In being there, especially during the winter, he can assure the community that there are
far more than 25 or 30 individuals who are homeless because they come to the library because
it’s one of the only places to go. He knows many of them on a first name basis. It might surprise
some people to know that two of his volunteers are individuals who are no-fixed address and
they are volunteering with them to teach people how to read, write, and speak English because
they want to give back to the community. They’re good people and they want to make a
difference in the community, but they’ve fallen on hard times. This is one of these situations of
“if not here, where?” They’re moving the existing shelter four or five blocks to this area. It will
be more centrally located to the services that they receive and need. He’s strongly in support of
it because this is a small part of a systematic change that needs to occur.
Mr. Marshall stated that he agrees with the comments that have been made by commission
members. He does appreciate hearing the positives and he also empathizes with those in the
neighborhood because there is sort of a PR problem here and they need more communication to
really get neighbors on board with this and answer some questions. He is really hoping that can
happen sooner rather than later. Getting more information is going to help the process along
even further. He is excited to see a useful service that can be anchored on this spot. It has been
blighted and sitting there for so long. Having some targeted service for a very fragile segment of
the population is going to be a really good use for it, so he will be supporting this.
Mr. Coulibaly stated that once the guests start using the facility, they will be neighbors of those
who are already established there. A hostile environment is not very good for either side. He
really feels the concern of the neighbors and he particularly appreciates the fact that they voice
it so vehemently so that if something can be done about that it is done. At the same time, he
understands that it’s going to function essentially as dormitory for people who are being
coached to improve their lives. He hopes that communication between the neighborhood
association and some of the neighbors improves so that they don’t feel left out. They want to
create a welcoming community for all the residents. If approval can be delayed for that
purpose, that would be good. If some of us here don’t have a place to stay as a human the least
they can do is make that happen. If other places were scrutinized and this is the best alternative,
then sacrifices have to be made, but it should be in such a way so that the least number of
people possible are against it.
Mr. Hinz stated that this going to prevent a tent city from growing along the river. He would
much rather have people in a building with supervision than tents starting to pop up over by
the railroad bridge or over by the bridges downtown. This will not get voted on by Council for
three weeks. He suggests that both sides meet between now and then to address the questions
that the neighborhood has and create some good will. His last point is that they had a mini
home project north of town that came before them specifically for people who are trying to
reenter society. If that project goes through and they have this downtown, he’d say they’re
doing a lot to address the problems that they have in the City. This is a minor step in improving
the lives of their fellow community members. There are other things coming down the road
where hopefully this turns into a temporary facility for these people and then they can move
into the mini homes if that project goes through. It’s not just this one thing. This is a big thing
ITEM X: GDP CUP NW corner Ceape Ave. & Broad St. 13
and he’s proud to say that their City is working on it and he will definitely be supporting this
tonight.
Motion carried 7-0.
1934 Algoma Blvd | Oshkosh WI 54901 | P 920.426.4470 | F 920.426.8847
June 7, 2021
Project: Proposed Day by Day Warming Shelter
400 Ceape Ave
Zoning Map Amendment (Rezoning)
General Development Plan (GDP)
Conditional Use Permit (CUP)
Rezoning Request:
A zoning map amendment is being requested to change the current zoning from UMU/UMU-PD
to I-PD to allow the property to be used for Institutional Residential. The current zoning of the
property does not allow this proposed use therefore requiring the zoning change. There are
currently other Institutional zoned areas adjacent to this property, so this is not unique to the
area.
General Development Plan (GDP):
The proposed property is currently a vacant lot that is partially paved from a previously
demolished medical clinic building. The proposed use of this property is to construct a single-
story warming shelter for the overnight accommodation of the local homeless population.
Exterior materials of the proposed building would be a combination of masonry and siding
materials which would be compatible with the surrounding neighborhood. There will be onsite
parking that will accommodate staff and guest parking needs. On street parking in the area or
temporary use of a small number of stalls at the Leach across the street may be needed for the
volunteers on a daily basis for evening meals. Landscaping will be provided to comply with
code requirements, but some adjustments may be required at the building entrances for the
safety and security of staff and guests.
Conditional Use Permit (CUP):
A conditional use permit is required for this project because the proposed use (Institutional
Residential) is not allowed by right in the Institutional zoning district. This facility would
regularly allow up to 50 guests per night with the ability to flex up to 60 guests under certain
circumstances (extreme cold). The use of this facility by guests would be from 6:00 PM to 8:00
AM. Once a guest has checked into the facility for the night, they are not allowed to leave the
building until the next morning. This facility will not generate a high volume of traffic or noise
to the surrounding area. It is believed that this facility would be a benefit to the surrounding
area and is an ideal location with proximity to the downtown area and services needed by the
guests.
GENERAL NOTES-ONSITE PARKING TO BE FOR 10 STAFF & APPROXIMATELY 4 GUESTS-TOTAL ON SITE PARKING PROVIDED 15 STALLS-EXTERIOR LIGHTING WILL BE PROVIDED FOR FUTURE SUBMITTAL-LANDSCAPING WILL BE PROVIDED AT FUTURE SUBMITTAL-HVAC LOCATIONS (POSSIBLY ROOF TOP) AND SCREENING TO BE DETERMINEDA0.1SITE PLAN1PLAN REV. DATE2PLAN REV. 11/11/213PLAN REV. 11/11/214PLAN REV. 11/11/215PLAN REV. 11/11/216PLAN REV. 11/11/217PLAN REV. 11/11/218PLAN REV. 11/11/219PLAN REV. 11/11/2110PLAN REV. 11/11/2111PLAN REV. 11/11/2112PLAN REV. 11/11/2113PLAN REV. 11/11/2114PLAN REV. 11/11/2115PLAN REV. 11/11/21TR KARRELS & ASSOC.1934 ALGOMA BLVD.OSHKOSH, WI 54901(920) 426 - 4470TRKARRELS.COMREVISIONSBY: TK, JK, KB, MTKPROJECT NUMBER: 18015SHEET TITLE:PROJECT INFOPROJECT NAME:STREET ADDRESS:CITY / STATE / ZIP:DAY BY DAY WARMINGSHELTER400 CEAPE AVE.OSHKOSH, WI 54901SHEET NUMBER:ISSUE DATE: JUNE 7, 2021PETITIONERDAY BY DAY WARMING SHELTER449 HIGH AVE.OSHKOSH, WI 54901(920) 203-4536OWNEROSHKOSH HOUSING AUTHORITY600 MERRITT AVE.OSHKOSH, WI 54901(920) 424-1450A / ETR KARRELS AND ASSOCIATES1934 ALGOMA BLVD.OSHKOSH, WI 54901(920) 426-4470CIVILDAVEL ENGINEERING1164 PROVINCE TERRACEMENASHA, WI 54952(920) 991-1866ONE
WAY
ONEWAYCEAPE AVE.BROAD ST.PROPOSED
SETBACK
5'-0"
ONE WAY GLASS
BENCH SEAT
GUESTENTRYSTAFFENTRYPROPOSEDSETBACK5'-0"PROPOSED
SETBACK
7'-6"PROPOSEDSETBACK7'-6"
PROPOSED
SETBACK
7'-6"PROPOSEDSETBACK7'-6"ONE WAY
TRAFFIC
FLOW (IN)
O
N
E
W
A
Y
T
R
A
F
F
I
C
FLOWONE WAYTRAFFICFLOW (IN)ONE WAYTRAFFIC(EXIT ONLY)10 SPACES @ 9'-0"6 SPACES @ 9'-0"WASTE ENCLOSUREDESIGN TO BECOMPATIBLE WITHBUILDINGPROPOSED
SETBACK
7'-6"PROPOSEDSETBACK25'-0"PRELIMINARYSTORM WATERRETENTIONScale:FIRST FLOOR(PRELIMINARY) 1/16" = 1'-0"FIRST FLOOR GROSS SF = 12,970 SF04'8'16'32'48'
CUP
400 CEAPE AVE
PC: 07-06-2021
MICHAEL L MILLER
3267 CLAIRVILLE RD
OSHKOSH, WI 54904
OTTER WI/LINCOLN LLC
3267 CLAIRVILLE RD
OSHKOSH, WI 54904
JOHN B SULLIVAN
406 OTTER AVE
OSHKOSH, WI 54901
KEITH A/AMANDA M WIRCH
402 OTTER AVE
OSHKOSH, WI 54901
BRIAN A/MARGART BREUER
5255 IVY LN
OSHKOSH, WI 54904
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH, WI 54903
SARAH A MUELLENBACH
421 OTTER AVE
OSHKOSH, WI 54901
THEODORE J FRANK/HEIDI L
WHEATON
N9587 COUNTY ROAD C
ELDORADO, WI 54932
GABRIELSON PROPERTIES LLC
1731 MILL POND LN
NEENAH, WI 54956
ANGELA J KOHNKE
112 BROAD ST
OSHKOSH, WI 54901
SYMPHONY HOMES LLC
1130 SYMPHONY BLVD
NEENAH, WI 54956
KATHY WEBB
543 OTTER AVENUE
OSHKOSH, WI 54901
TAMMY HACKETT
349 BOWEN STREET
OSHKOSH, WI 54901
DAY BY DAY WARMING SHELTER
449 HIGH AVE
OSHKOSH, WI 54901
OSHKOSH HOUSING AUTHORITY
600 MERRITT AVE
OSHKOSH, WI 54901
Riverside Park
CEAPE AVCEAPE AV
BROAD STBROAD STOTTER AVOTTER AV
COURT STCOURT STWAUGOO AVWAUGOO AV
POPLAR AVPOPLAR AVBROAD STBROAD STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/18/2021
1 in = 120 ft1 in = 0.02 mi¯400 CEAPE400 CEAPE
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
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RMU-RFO Roe ParkOshkosh City LimitOshkosh City LimitBBOOWWEENNSSTTCEAPE AVCEAPE AVN MAIN STN MAIN STWASHINGTON AVWASHINGTON AV
S MAIN STS MAIN STHIGH AV
HIGH AV
ALGOMA BLVD
ALGOMA BLVD
OTTER AVOTTER AV
BAY STBAY STBROAD STBROAD STMERRITT AVMERRITT AV
WAUGOO AVWAUGOO AV
MILL STMILL STPIONEER DR
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SCHOOL AVSCHOOL AVBOYD STBOYD STCOURT STCOURT STSTATE STSTATE STDDIIVVIISSIIOONNSSTTE 10TH AVE 10TH AV
POPLAR AVPOPLAR AVMMOONNRROOEESSTT
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E 7TH AVE 7TH AV BBRROOAADDSSTTI-PD
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/18/2021
1 in = 500 ft1 in = 0.09 mi¯400 CEAPE400 CEAPE
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
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 6/18/2021
1 in = 100 ft1 in = 0.02 mi¯400 CEAPE400 CEAPE
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