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HomeMy WebLinkAbout20. 21-465AUGUST 24, 2021 SEPTEMBER 14, 2021 21-446 21-465 ORDINANCE FIRST READING SECOND READING (CARRIED__7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCE 25-104.2 TO PROVIDE AN ADMINISTRATIVE PROCESS FOR VARIANCES FOR UNUSUAL CONDITIONS TO BE GRANTED FROM THE CITY’S ACCESS CONTROL ORDINANCE WITH APPEAL TO PLAN COMMISSION INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 25-104.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE VARIANCE PROCESS FOR THE CITY’S ACCESS CONTROL ORDINANCE. WHEREAS, the City of Oshkosh has an ordinance regulating access control for curb cuts and driveways; and WHEREAS, the current code allows the plan commission to grant variances from the strict application of the driveway conditions in certain circumstances with the Director of Community Development able to require additional conditions therefor; and WHEREAS, staff is proposing that the code be amended to provide for review and approval of variances at the administrative level through cooperation between the Departments of Public Works and Community Development with an appeal to plan commission, to provide for more timely reviews. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 25-104.2 of the City of Oshkosh Municipal Code pertaining to Access Control – Unusual Conditions is hereby repealed and recreated to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. AUGUST 24, 2021 SEPTEMBER 14, 2021 21-446 21-465 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-465 AMEND ORDINANCE 25-104.2 TO PROVIDE AN ADMINISTRATIVE PROCESS FOR VARIANCES FOR UNUSUAL CONDITIONS TO BE GRANTED FROM THE CITY’S ACCESS CONTROL ORDINANCE WITH APPEAL TO PLAN COMMISSION (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 25-104.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE VARIANCE PROCESS FOR THE CITY’S ACCESS CONTROL ORDINANCE) on September 14, 2021. The ordinance revises the City’s current ordinances to give staff the ability to review and administratively approve of variances to the City’s access control ordinance. Persons who disagree with the administrative decision will have the ability to appeal to the City’s Plan Commission for review of the decision. 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. TO: Honorable Mayor & Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: August 19, 2021 RE: Amend Ordinance 25-104.2 to Provide an Administrative Process for Variances for Unusual Conditions to be Granted from the City’s Access Control Ordinance with Appeal to Plan Commission BACKGROUND The City of Oshkosh has an ordinance regulating the number, location, and size of Access Control points for a property. A property is subject to those regulations when development or redevelopment occurs. During redevelopment developers frequently seek Access Control Variances (ACV) before Plan Commission to accommodate the unique characteristics of a site. In all cases in recent memory, the Plan Commission has followed the recommendations of the Department of Public Works and Department of Community Development in relation to these requests. In some instances an additional 4-6 weeks is added into the approval timeline for a project. Staff is proposing that the ordinance be amended to give staff the ability to review and approve of ACV when the variance is necessary due to the unique characteristics of the site and the variance will not have a detrimental impact on the surrounding area. The amendment would also provide an appeal process through Plan Commission for those situations where staff does not deem the ACV necessary and a developer still desires to proceed. This process would be similar to the ACV process currently administered through the Plan Commission. ANALYSIS The proposed amendment would eliminate the requirement to take most ACV requests to the Plan Commission and would authorize the Director of Public Works to approve requests for variances after consultation with the Department of Community Development. The proposed amendment allows for quicker processing of requests and would eliminate the need for Plan Commission action on the majority of requests. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us FISCAL IMPACT Removal of the existing ACV process will reduce Planning Services revenue by approximately $500-$1,000 per year. ACV applications require a $100 fee to cover the cost associated with the Plan Commission process. RECOMMENDATION Staff recommends adoption of the Ordinance. Respectfully Submitted, Approved: Mark Lyons John Fitzpatrick Planning Services Manager Assistant City Manager / Director of Administrative Services SECTION 25-104.2 VARIANCES FOR UNUSUAL CONDITIONS The Director of Public Works or designee is hereby authorized to grant in writing, variances from the strict application of Section 25-104.1 Driveway Conditions and Criteria provided it is determined that the following conditions are present: (1) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation on the abutting property. (2) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That exception or variance desired is not against the public interest, particularly safety, convenience and general welfare. (4) That the strict application of the terms of this chapter will impose unnecessary hardship on the property owner or tenant. The Director of Public Works or designee may require additional conditions that may be deemed necessary to meet the standards of this section. The Director of Public Works shall work with the Department of Community Development in making determinations under this provision. Any person aggrieved by the decision of the Director of Public Works or designee may appeal that decision to the City Plan Commission within forty-five (45) days from the date of issuance of that decision. Failure to initiate an appeal within the 45-day period shall constitute a final and binding waiver of the right to appeal the decision. Application for an appeal shall be made to the Department of Community Development and shall contain a copy of the decision appealed from as well as a written statement from the applicant indicating the reasons why the appeal should be granted. (B) Response to Appeal. (1) A copy of the application for appeal shall be provided to the official whose determination or order is appealed from. The official shall review the application and evaluate and provide comment on the written justification for the requested appeal to the Plan Commission. The Director of Community Development, or designee, shall also evaluate the application to determine whether the requested remedy is in harmony with the Comprehensive Plan or other relevant plans when applicable. (2) The Director of Community Development, or designee, shall forward the application for appeal and report to the Plan Commission for review and action. (C) Public Hearing. Within 60 days of filing of a complete application, the Plan Commission shall hold a hearing to consider the request. (1) The Plan Commission may request further information and/or additional reports from the Director of Community Development, Director of Public Works, or their designees, and/or the applicant. The Plan Commission may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings. When making a determination upon Appeal the Plan Commission may consider whether the provisions of the codes apply to the particular situation at hand; whether the codes or rules have been incorrectly interpreted; the intent of the codes or rules; and any relevant facts and circumstances. (2) Final action shall be followed by a written report or minutes which shall include the determination of the Commission. (3) If the Plan Commission fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied. (D) Effects of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances. (E) Limited Effect on a Favorable Ruling on an Appeal. (1) No ruling on an appeal shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless an appropriate permit(s) is obtained and construction is actually begun within that period, and is thereafter diligently pursued to completion. (2) A ruling on an appeal shall be deemed to authorize only the particular authorized use at that particular location for which the ruling was issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more. SECTION 25-104.2 VARIANCES FOR UNUSUAL CONDITIONS The Director of Public Works or designeeThe Plan Commission is hereby authorized to grant in writing, variances from the strict application of Section 25-104.1 driveway Driveway conditions Conditions and criteria Criteria provided it is determined that the following conditions are present: (1) The exception or variance desired arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation on the abutting property. (2) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That exception or variance desired is not against the public interest, particularly safety, convenience and general welfare. (4) That the strict application of the terms of this chapter will impose unnecessary hardship on the property owner or tenant. The Director of Community DevelopmentPublic Works or designee may require additional conditions that may be deemed necessary to meet the standards of this section. The Director of Public Works shall work with the Department of Community Development in making determinations under this provision. The Director of Community Development or designee shall have the authority to grant a variance for Section 25-104.1(H). Any person aggrieved by the decision of the Director of Public Works or designee may appeal that decision to the City Plan Commission within forty-five (45) days from the date of issuance of that decision. Failure to initiate an appeal within the 45-day period shall constitute a final and binding waiver of the right to appeal the decision. Application for an appeal shall be made to the Department of Community Development and shall contain a copy of the decision appealed from as well as a written statement from the applicant indicating the reasons why the appeal should be granted. (B) Response to Appeal. (1) A copy of the application for appeal shall be provided to the official whose determination or order is appealed from. The official shall review the application and evaluate and provide comment on the written justification for the requested appeal to the Plan Commission. The Director of Community Development, or designee, shall also evaluate the application to determine whether the requested remedy is in harmony with the Comprehensive Plan or other relevant plans when applicable. (2) The Director of Community Development, or designee, shall forward the application for appeal and report to the Plan Commission for review and action. (C) Public Hearing. Within 60 days of filing of a complete application, the Plan Commission shall hold a hearing to consider the request. (1) The Plan Commission may request further information and/or additional reports from the Director of Community Development, Director of Public Works, or their designees, and/or the applicant. The Plan Commission may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings. When making a determination upon Appeal the Plan Commission may consider whether the provisions of the codes apply to the particular situation at hand; whether the codes or rules have been incorrectly interpreted; the intent of the codes or rules; and any relevant facts and circumstances. (2) Final action shall be followed by a written report or minutes which shall include the determination of the Commission. (3) If the Plan Commission fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied. (D) Effects of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances. (E) Limited Effect on a Favorable Ruling on an Appeal. (1) No ruling on an appeal shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless an appropriate permit(s) is obtained and construction is actually begun within that period, and is thereafter diligently pursued to completion. (1)(2) A ruling on an appeal shall be deemed to authorize only the particular authorized use at that particular location for which the ruling was issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.