HomeMy WebLinkAbout08-380OCTOBER 14, 2008 08 -380 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF REVISED CONDITIONAL USE PERMIT;
PLANNED DEVELOPMENT TO CONSTRUCT NEW BUILDING
FOR DAY CARE CENTER — 1773 SOUTH WASHBURN STREET
INITIATED BY: KYRIK ENTERPRISES LLC, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, the Common Council previously approved a conditional use permit
for the planned development of a children's day care center within the existing structure
at 1773 South Washburn Street; and
WHEREAS, the owner desires to amend the development plan by constructing a
new 5,600 sq. ft. day care facility with an outdoor secured play area and associated
amenities, per the attached.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that an amended planned development at 1773 South Washburn Street, is
hereby approved to permit construction of a new 5,600 sq. ft. day care facility and
associated amenities, per the attached, with the following conditions:
1) Dumpster and dumpster enclosure be relocated to a location outside a front yard.
2) Increased landscaping be provided along the south and west lot lines to act as a
vegetative buffer between the residential uses and the day care use.
3) Pedestrian access walks from each structure on site to South Washburn Street
be placed on the site plan to be installed when sidewalks are installed in the
right -of -way.
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TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinney
Director of Community Development
DATE: October 9, 2008
RE: Approval of Revised Conditional Use Permit; Planned Development to
Construct New Building for Day Care Center —1773 S. Washburn St.
KYRIK Enterprises LLC, owner
(Plan Commission Recommendation: Approved w /conditions)
BACKGROUND
In October, 2007, a conditional use permit was approved at this location for a child day care
facility within the existing structure. The owner, KYRIK Enterprises, is now proposing to
construct a new 5,600 sq. ft. building, and associated amenities, to be used as a child day care
facility. The day care would have a capacity for 99 children and 18 employees. No long -term
plans have been made for the existing structure, but the applicant has indicated it will be used for
temporary storage and possible future expansion of the day care or related uses.
ANALYSIS
Day care center uses are permitted only through a conditional use permit in the C -2 General
Commercial District as regulated in Section 30 -25(A) of the Zoning Ordinance. Standards
imposed on Conditional Use Permits are located in Section 30 -11(D) of the Zoning Ordinance.
The establishment of a day care center on the subject property is an appropriate land use for this
area as it is a suitable buffer use between Highway 41 and the residential neighborhoods to the
west. Additionally, it appears that the use may primarily be serving the residential uses to the
south and west as well as the employees of businesses to the north and east.
FISCAL IMPACT
No additional city services are proposed as a result of this use that are not already provided to
adjacent City properties.
RECOMMENDATION
The Plan Commission approved of this request at its October 7, 2008 meeting with the following
conditions:
1. Dumpster and dumpster enclosure be relocated to a location outside a front yard.
2. Increased landscaping is provided along the south and west lot lines to act as a vegetative
buffer between the residential uses and the daycare use.
3. Pedestrian access walk from each structure on -site to South Washburn Street be placed
on the site plan to be installed when walks are installed in the right -of -way.
ITEM: CONDITIONAL USE PERMIT AMENDMENT FOR A DAYCARE CENTER
ESTABLISHMENT AT 1773 SOUTH WASHBURN STREET
Plan Commission meeting of October 7, 2008
GENERAL INFORMATION
Applicant/Owner: KYRIK Enterprises, LLC
Action(s) Requested:
The applicant is requesting an amendment to a previously approved Conditional Use Permit
allowing the establishment of a daycare center in a C -2 General Commercial Zoning District also
located within the Highway 41 Corridor Overlay.
Applicable Ordinance Provisions:
Daycare center uses are permitted only through a conditional use permit in the C -2 General
Commercial District as regulated in Section 30 -25 (A) of the Zoning Ordinance. Standards
imposed on Conditional Use Permits are located in Section 30 -11 (D) of the Zoning Ordinance.
Property Location and Background Information:
The 1.5 -acre site is located at the southwest corner of Allerton Drive and South Washburn Street
and is currently not used. There is a 3,000 square foot, two -story former farmhouse structure that
had been converted to a commercial retail establishment as well as a 900 square foot outbuilding
on -site. The site contains a 17 -stall parking lot with one access drive from South Washburn Street,
which is shared with the single- family use to the north. In October of 2007, the property received
a Conditional Use Permit (Resolution 07 -282) to allow the establishment of a child daycare facility
within the existing structure.
Subiect Site
Unused
Adiacent Land Use and Zoning
C -2
rehensive Plan
A k WE .''1,.wSS, -.
North
Single - Family Residential
ETZ C -241WY 41 Overlay
South
Single - Family Residential (across Allerton)
R -1
East
Frontage Road and Highway 41
M- 1 /C -2/HWY 41 Overlay
West
Single- Family Residential
R -1
rehensive Plan
ANALYSIS
The applicant is proposing to develop a new 5,600 square foot daycare facility with an outdoor
secured play area that would have a capacity of 99 children and 18 employees at any given time.
The existing 3,000 square foot structure on -site will be improved as a temporary storage structure
for the primary daycare building but may eventually be used for expanded daycare use or other
daycare accessory uses such as office, retail or educational space. Along with the building
improvements, the petitioner is proposing a 32 stall parking area to service the daycare use, which
meets code regulations for minimum parking requirements. The site plan as proposed appears to
meet most Zoning Ordinance design requirements with the exception of the dumpster location that
is currently located within the Allerton Drive front yard and a landscape island is necessary at a
parking row end. Additionally, no details for the outdoor play area have been submitted and staff
would like to point out that the play area will be required to be fenced for child safety.
Buildings
The proposed new daycare structure is designed with three dormers on the front facade to help
break up the overall roof length/bulk. The structure is approximately 17 feet in height. It is
proposed to be constructed primarily of split faced block and aluminum siding. The facade
fronting east — South Washburn Street as well as the north and south sides are predominately clad
in split faced block and also include entries, ornamental gable features and windows. The west
elevation is entirely clad in aluminum siding and contains an entryway, windows and accent
features. The design of the structure meets the architectural requirements of the Highway 41
Overlay. The existing building is proposed to be maintained with new aluminum siding as well as
receive accent features to match the proposed structure.
Landscaping
A formal landscape plan has not been submitted but will have to meet code requirements. Some
landscaping items are shown on the site plan to emphasize that it will consist of shrub and tree
plantings situated primarily at the south side of the lot as a buffer to the residential uses to the
south and staff suggests that increased landscaping be provided along the south and west lot lines
to act as a vegetative buffer between the residential uses and the daycare use.
Stormwater
Grading, erosion control and stormwater plans have been submitted but must be reviewed and
approved by the Department of Public Works prior to building permit issuance.
Lighting & Signage
Site lighting plans or signage plans have not been included with the submittal and must meet the
regulations of the Zoning Code.
Access
Access to the development site is provided by an access drive running to South Washburn Street
on the east. Internal circulation for vehicles is relatively simple but, per code, must incorporate a
landscape island placed on the northern end of the eastern parking row. Although a walk exists in
front of the proposed daycare structure, staff is concerned that clearly defined and designated
pedestrian access is not depicted to connect the two structures on -site or to connect to South
Washburn Street and suggests that a pedestrian access walk from each structure on -site to South
Washburn Street be placed on the plan to be installed when walks are installed in the right -of -way.
ITEM -1773 S Washburn CUP amend
The establishment of a daycare center on the subject property is an appropriate land use for this
area as it is a suitable buffer use between Highway 41 and the residential neighborhoods to the
west. Additionally, it appears that the use may primarily be serving the nearby residential to the
south and west as well as the employees of businesses to the north and east.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the CUP amendment to
construct a new daycare establishment at the subject property and a finding that the CUP is
consistent with the standards set forth in Section 30 -11(D) of the Zoning Ordinance with the
following conditions:
1. Dumpster and dumpster enclosure be relocated to a location outside a front yard.
2. Increased landscaping is provided along the south and west lot lines to act as a vegetative
buffer between the residential uses and the daycare use.
3. Pedestrian access walk from each structure on -site to South Washburn Street be placed on
the site plan to be installed when walks are installed in the right -of -way.
The Plan Commission approved of the CUP amendment with conditions noted. The following is
the Plan Commission's discussion on this item.
Dan Meissner, 1230 E. Calumet Street, Appleton, stated that he was the architect for the project
and that the owner did not have any issues with the conditions placed on the request and that he
was present to answer any questions relating to the proposed development. He discussed some of
the proposed new building features and stated that they were trying to create a campus type setting.
The shed on the site would be removed and landscaping would be added to the site particularly
along Allerton Drive to buffer the use from the residential properties. A formal landscaping plan
would be submitted for approval at a later date.
Commission members discussed the proposed new building and the number and age of the
children it would service at the facility. It was determined that the use in the area was appropriate
as it was properly zoned and would serve residents in the area requiring daycare.
Motion by Propp to approve the conditional use permit amendment for a daycare center
establishment at 1773 South Washburn Street as requested with the following conditions:
1. Dumpster and dumpster enclosure be relocated to a location outside a front yard.
2. Increased landscaping is provided along the south and west lot lines to act as a vegetative
buffer between the residential uses and the daycare use.
3. Pedestrian access walk from each structure on -site to South Washburn Street be placed on
the site plan to be installed when walks are installed in the right -of -way.
Seconded by Borsuk. Motion carried 6 -0.
ITEM -1773 S Washburn CUP amend
Development Planning Handbook
Applications.,..
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City of Oshkosh Application
Conditional Use Permit
* *PLEASE TYPE OR PRINT USING BLACK INK **
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APPLICANT INFORMATION
� Petitioner: (_ `n ��.! � I
Petitioner's Address: �{ `j� ' City; N �( 1Jl'Tl �� t State: � Zip: 5
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Telephone #: t= 14) ( Fax: Other Contact # or Email: Q CL `Q
Status of Petitioner (Please Check): Owner V Representative Te nt Prospective Buyer
Petitioner's Signature (required): Date: •U5 �g 1
OWNER INFORMATION tt `(•�-�-��
Owner's): �U I�k \ [. F�E LL - C — , ��,, gg'l Tate:
Owner(s) Address: �$�� i to �-� � � City: q l (,O W � State: � Zip• :3s ��Z i
i Telephone #: (`f ���n Fax: Other Contact ,= or Email: Q �G.d)10
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Ownership Status (Please Check): Individual Trust Partnership Corporation
Property Owner Consent: (required)
By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon
the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are
tentative
and may postponed by the Planning Services Division or incomplet braissions or other administrative reasons. j
Property Owner's Signature: Date:
SITE INFORMATION
F
j Address/LocationofProposed Project: san4 CjJ ( S`a ne-,•F•{ is&
Proposed Project Type: _ W( ( u T X
i
Current Use of Property: efTA 6.{ a ° Zoning:
Land Uses Surrounding Your Site: North:
South:
East:.
West:
* *Please note that a meeting notice will be mailed to all abutting property owners regarding your request-
Fee of 5300.00 is due at time of application, payable to the City of Oshkosh. FEE IS NON - REFUNDABLE
1
For more information please the City's website at a�; .ci.oshkosh.wi.us Communi �_Developmen ±Planning.irtm
Page 57
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants of surrounding lands.
Use of the real property as a day care should not provide any health, safety and general welfare concerns to
surrounding property. The subject lot is quite large (1.5+ acre lot) with a street on one side (corner lot) and a very
small rental property on the other with a residence behind the property. Because the property will be used as a day
care, the property will be fenced to ensure that the children do not stray into the adjoining properties (or the street)
and play areas will generally be nearer the existing buildings. Additionally, the perimeters of the lot will likely be
landscaped providing some buffer area between the property and adjoining properties. Because of the larger lot
size and the fact that the surrounding properties are not used intensely, even outside play time should present little
impact on the adjoining properties.
Utilization as a day care provides an appropriate transition between the retail and similar usages along the highway
and to the north and the more commercial utilization to the south. Additionally, placement of the day care at the
south end of the highway frontage road allows for easy access from the highway for a diverse population and is
particularly valuable to individuals working the commercial areas south of the property.
2. Pedestrian and vehicular circulation and safety.
The current property utilization is as a retail establishment (sale of antiques) with regularized daily car traffic and
truck traffic to deliver, in some cases, heavy furniture pieces. Used as a day care, there may be some increased l
car traffic early in the day as children are left before work and then after work, although start and pick -up times are
somewhat staggered. Deliveries to the day care would be limited (e.g., food delivery) and, consequently, truck
traffic would likely be reduced (although it is likely not significant currently). Although transportation demands are
not likely to be high, the placement of the property on the frontage road will help reduce further demands on
residential and commercial streets off of the highway.
3. Noise, air, water, or other forms of environmental pollution.
In conjunction with the establishment of the day care, the property will be hooked up to the existing City sewer and
water lines. The reduction or elimination of the use of the existing drain field should provide a positive
environmental benefit. As the property use is not intense, there should be no material noise, air or water pollution.
lDuring times of the day, the pre - school children will be outdoors. However, the larger lot size and the fact that the
children will be generally playing nearer the building should materially limit even the limited noise the children may
create during playtime.
1 4. The demand for and availability of public services and facilities.
The property use as a child daycare facility will likely have little demand on public services and facilities. The
property will be hooked up to the existing water and sewer mains, which will have a positive environmental impact.
The use of the property will require no additional transportation capacities or access and it is very unlikely to place
any additional demands on existing police, fire or other local services.
5. Character and future development of the area.
The property is set on a corner lot on the frontage road on the south side of Highway 41 about 5 minutes north of
the Highway 44 exchange. The property is zoned commercial and the uses of the related properties appear to
becoming increasingly commercial with emphases on the lighter uses near the Highway, such as retail use. In
reviewing developmental patterns, it would be predicted that the limited residential use remaining along the
frontage road would eventually move to a commercial utilization, probably including lighter uses, such as retail and
service businesses, like the currently proposed day care usage.
Page 2 of 2
Narrative of the proposed conditional use and project
Proposed use of the property
The property will be used to house a daycare facility and associated venues.
Existing use of the property
The property was previously used for the sale and storage of antiquities
Identification of structures on the property and discussion of their relation to the project
The original building on the property will initially be used as a storage unit for the new
stand alone daycare facility to the west of the existing building.
In the second phase of construction, date to be determined, the existing building will be
restored and converted to a daycare facility or associated venue.
The new building is a single story structure and will house the initial daycare facility and
will have a fenced playground to the west of the new building.
Protected number of residents employees and or daily customers
The daycare facility projects to have a maximum of 104 children of daycare age, 19 -22
staff at any given time.
Proposed amount of dwelling units, floor area, landscape area and parking _are a
Total floor area of the existing building, including the basement, first and second floor
total 3578 square feet
The new building proposes to have a total of 5596 square feet.
The parking lot and the road to and from the parking lot roughly total 11,100 square feet.
The landscaped area is roughly 30,000 square feet
Effects on the adjoining properties including noise hours of operation glare. odor,
fumes, vibration, etc
Refer to description in line item #3 in the previous section
Surrounding land uses
Refer to response #5 in the previous section
Buck, David
From: Daniel Knobloch [draftcat233 @sbcglobal.netj
Sent: Monday, September 29, 2008 5:50 PM
To: 'DiDanicM'
Cc: draftcat233 @sbcglobal.net; 'Zack Juadis'; 'Akavickas, Gary R.; 'Dean Akavickas;
draftcat233@sbcglobal.net
Subject: PARKING - REVISED FOR PERMIT
Attachments: REVISED PARKING LAY -0UT.pdf, OWNER INFORMATION -Sht AO O.doc
Dan,
I think this layout works for our purposes. Please review and let me know if we need changes
Roadways are 24 feet wide
distance behind cars at existing house is 24'
ramp has been removed and relocated to north end of walk ( does this work for our purposes )
dumspter is located in the last stall at the south end of the property
thanks
J
k * ** I reduced the child population by 5 for a total of 100 and reduced the staff population by 1 for a total of 18
- hese numbers are reflected 1h the owner info package attached.
or some reason I do not presently have access to the narrative. do you have it and can you adjust appropriately. 1 will look for
: in the interum
0/2008 7
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CUP AMENDMENT
1773 S WASHBURN ST- DAYCARE
PC: 10 -07 -08
WEBER WAYNE D /STACIA A
1676 COVINGTON DR
OSHKOSH WI 54904 8226
PENZENSTADLER ROBERT C
2005 ALLERTON DR
OSHKOSH WI 54904 8207
DANIEL MEISSNER
1230 E CALUMET ST
APPLETON WI 54915
KYRIK ENTERPRISES LLC
1830 N FIRST ST
MILWAUKEE WI 53212
LARSON TIMOTHY C /CHRIST
1682 COVINGTON DR
OSHKOSH WI 54904 8226
TAYLOR DEREK T /CELESTE
1662 COVINGTON DR
OSHKOSH WI 54904 8226
CUTHBERT JOHN T /DEBRA J
1670 COVINGTON DR
OSHKOSH WI 54904 8226
DIEL REV TRUST FLORENCE J
2050 ALLERTON DR
OSHKOSH WI 54904 8208
ROTHE TOM /PATRICE
505 S WASHBURN ST
OSHKOSH WI 54904
RE 1769 S WASHBURN ST
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DISCLAIMER
a CHILD DAYCARE FACILITY
O
This map is neither legally recorded map nor
a survey and it 773 S WAS H B U R N ST not intended to be used as one. 1 1V
This drawing is a compilation of records, data / /
O.fHKO.IH
and Information located In various city, county
and state offices and other sources affecting
ON Tee WATER
the area shown and it is to be used for reference
purposes only. The City of Oshkosh Is not re-
City Of Oshkosh
Department of
n
sponsible for any Inaccuracies herein contained. S CaI @. 1 = 150
If discrepencles are found please contact the
Community Development
City of Oshkosh.
Created by - dff
09129/08
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SUBJECT
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DISCLAIMER
This map is neither a legally recorded map nor
a survey and it Is not Intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepancies are found, please contact the
City of Oshkosh.
Created by - dff
CHILD DAYCARE FACILITY
1773 S WASHBURN ST N OfHKOlH
0" T"' WATER
City of Oshkosh
Department of
Scale: 1 �� = 1 50' Community Development
09/29/08
14