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HomeMy WebLinkAbout08-432NOVEMBER 25, 2008 08 -432 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF CONDITIONAL USE PERMIT TO ESTABLISH A 24 -BED COMMUNITY BASED RESIDENTIAL FACILITY AT 2831 HARRISON STREET INITIATED BY: LUTHERAN SOCIAL SERVICES OF WISCONSIN PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby granted to establish a community based residential facility (CBRF) for up to 24 individuals at 2831 Harrison Street per the attached. 076 J'HKOf H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Ki e` Director of Co unity Development DATE: November 20, 2008 RE: Approval of Conditional Use Permit to Establish a 24 Bed Community Based Residential Facility at 2831 Harrison Street (Plan Commission Recommends Approval) BACKGROUND In 1986, a CUP was granted at 2831 Harrison Street, approximately 750 feet west of Bowen Street, to permit the operation of a CBRF facility for the housing and care of no more than 18 elderly and disabled residents. The site is fully developed with a primary CBRF building and a garage structure that have been vacant since 2006. The proposed use of a CBRF is a permitted use within the R -4 zoning district use, if licensed by the Department of Health and Social Services and containing no more than 16 individuals. ANALYSIS The site is developed with a 14 stall parking lot, a 7,500 square foot main structure and a 1,680 square foot two -stall garage. The primary building is designed with communal living in mind and the applicants are proposing to establish a CBRF for accommodations of up to 24 individuals comprised of adult males referred by the Wisconsin Department of Corrections. These individuals have previously received primary treatment for drug and alcohol issues and are staying within the CBRF for highly structured treatment for their addictions before returning home. Residents with histories of sex offenses may also be accepted provided they meet the necessary conditions. The facility is proposed to be staffed at all times with between two and six employees. The applicants have operated a similar facility at 2002 Algoma Boulevard since 1991 with no adverse incidents in the community. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its November 18, 2008 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT FOR THE E COMMUNITY BASED RESIDENTI FA( Plan Commission meeting of November 18, 2008 GENERAL INFORMATION Applicant: Lutheran Social Service of WI & Upper MI, Inc. Owner: Timothy J & Julie Burns Actions Requested: The applicant is requesting a conditional use permit for a 24 person capacity (16 bedroom) community based residential facility (CBRF) for men referred by the WI Department of Corrections with drug and /or alcohol addiction located at 2831 Harrison Street. Applicable Ordinance Provisions: CBRF's in excess of 16 persons are only permitted through a CUP in the R -4 zoning district. This provides for City review to determine if there will be any negative impacts on the surrounding neighborhood and mitigate those impacts as necessary. Conditional Use Permit standards are found in Section 30 -11 (D) of the Zoning Ordinance. Background Information: In 1986, a CUP was granted at this location to permit the operation of a CBRF facility for the housing and care of no more than 18 elderly and disabled residents. The property had formerly been a boarding house for 14 individuals. The site is fully developed with a primary CBRF building and a garage structure that have been vacant since 2006. The proposed use of a CBRF is a permitted use within the R -4 zoning district use, if licensed by the Department of Health and Social Services and containing no more than 16 individuals. The type of residents is not specifically regulated within the zoning code. Property Location and Type: The property is located at 2831 Harrison Street, approximately 750 feet west of Bowen Street. It is in an older mixed -use area of the city with single - family, two - family and multiple family residences to the south across Harrison Street and a tavern, warehousing and offices to the east and north. Railroad tracks, located in the Town of Oshkosh are adjacent to the west. The site is developed with a 14 stall parking lot, a 7,500 square foot main structure and a 1,680 square foot two -stall garage. The primary two -story building is designed with communal living in mind as it contains 16 bedrooms, common areas, a kitchen, four full baths, two half baths, laundry room , office and storage space. � .,c x � \ %� i ..na `=. � , N�"v •.N . W .� 3";- .:� _ i k, ae. ; .�ifii F.'�w� 4J .+�"s , I�M��F .dw v` Vacant 18 Unit CBRF for ElderlyR -4 1 Ldiacent Land Use and Zonin _ .� ti E,s:," . . a. ,i i� North . _Industrial - Warehousing ... ... .. _._.... .... ........... .._.........__...... . ........ ...... . ........ ... .... ... ...... Industrial & Residential — Warehousing & Single - family M -2 South:....:_.....Residence.... across Harrison z ..... .... ............... ...... ......... _._.._ ............ _._._ ... ....... ...... _.. ............ _.._._ ..................... .. ....... ... ._. ....... ..... ...... ..... ..... ............... ... ......... ... _..... ....... ...._............. East.......... . ..............._._.....__ .._......................:.._.............._.............._ .............. _._ ............ . . ... ............. ... . . ............ ............ .................................--........._._................_................ ................ .... ............ _.................. West Railroad Right-of-Way . A -1 (County) ANALYSIS The applicants are proposing to establish a CBRF for the living accommodations of up to 24 individuals. These individuals are to be adult males referred by the Wisconsin Department of Corrections that have previously received primary treatment for drug and alcohol issues and are staying within the CBRF for highly structured treatment for their addictions before returning home. The application states that the residents will have been assessed as appropriate to receive halfway house services and "will not present a clear risk to other client's safety and well -being and who will not pose a significant negative effect on the program's therapeutic environment." Clients /residents with histories of sex offenses will be accepted provided they meet the previous mentioned conditions but the primary reason for being at the CBRF will be their alcohol and other drug addiction concerns. The facility is proposed to be staffed at all times with the number of employees being anticipated to fluctuate between two to six people. The applicant's state that the proposed use of the property relative to adjacent and nearby properties will not change as it has been a licensed CBRF in the past. Staff wants to express some concern that the change in specific CBRF use may impact surrounding properties in that the previous CBRF at the site was for elderly and disabled residents that were typically not independently mobile and where activities were primarily brought to the facility residents as opposed to resident /client interaction outside of the facility for community service, employment and leisure and recreational activities. Additionally, the specific programming of the CBRF and its compatibility with and proximity to the adjacent tavern use to the east could potentially be problematic. The applicant states that they have operated a similar facility at 2002 Algoma Blvd since 1991 with no adverse incidents in the community. Potential issues are proposed to be addressed by means of staff supervision, electronic monitoring, limiting community contact, communicating daily with DOC agents, and the use of an alarm system that alerts staff when someone enters or exits the building. RECOMMENDATION /CONDITIONS As a CBRF use has been located at this site for over 20 years and similar CBRFs within the community have not posed issues, staff believes that the proposed development will meet the standards as set forth in Section 30 -11: Conditional Use Permits and not have a negative impact on surrounding lands, will be harmonious with the intended character of the general vicinity, and will not be detrimental to neighboring property or the community as a whole. The Department of Community Development recommends approval of the conditional use permit/development plan as proposed. The Plan Commission approved of the conditional use permit /development plan as requested. The following is the Plan Commission's discussion on this item. Item — 2831 Harrison -CBRF CUP Mr. Buck presented the request and stated that the items such as the garage and landscaping, which are marked as proposed on the site plan already existed on the site. He further commented that he had contacted the Police Department regarding the existing CBRF the applicant has been operating on Algoma Boulevard since 1991 and they have not had any significant incidents relating to this facility. Mr. Bowen asked in the R -4 zoning district where this property is located, if a 16 individual or less CBRF would need conditional use permit. Mr. Buck responded that the item only required CUP approval since it was for a 24 person capacity and if it was not approved, the applicant could proceed with a facility with up to 16 persons without a CUP. Steve McCarthy, representing Lutheran Social Services, 1320 West Clairemont Avenue, Eau Claire, discussed the increased need for this type of facility to provide a point for treatment for individuals with alcohol/drug addiction issues before they return to their home environment. Their agency currently serves 125 people throughout the state and has been in business for over 40 years. The 24 person capacity facility they are requesting is typical in size to their CBRF's in other communities. Mr. Esslinger left the meeting at 5:00 pm. Ms. Propp inquired if the residents of this facility had been released from the Department of Corrections and if the electronic monitoring mentioned in the staff report was necessary. Mr. McCarthy replied that the clients were in a transitional period of release and were required to complete the treatment program before moving on to their home environment. The monitoring program was to assure safety and the facility is also staffed 24/7 and has cameras and door alarms as additional safety features. Steve Barney, 1260 Elmwood Avenue, commented that smoking should not be allowed in the facility or on the grounds as it would help residents who have quit smoking prior to their treatment at this facility. Tim Burns, Program Director for New Haven, Inc. and owner of the property, stated that their original CUP was granted for this site in 1986 for a CBRF for individuals with similar issues. Mr. Buck stated that the statement was incorrect and that the expired CUP for the site was indeed for elderly and disabled individuals. Mr. Burns stated that they operated the facility at this location for 18 years and closed the CBRF two years ago and relocated it to Omro. He felt the proposed use of this site with Lutheran Social Services was ideal for this location. Ms. Propp commented that she felt it was a good location for the proposed use and staffing and security sounded adequate. Commission members discussed if bus services were near the site and the fact that this type of facility serves a need for the community. It was determined that the smoking issue should not be addressed by the Plan Commission. Motion by Borsuk to approve the conditional use permit for the establishment of a 24 bed community based residential facility at 2831 Harrison Street as requested. Seconded by Bowen. Motion carried 6 -0. Item — 2831 Harrison -CBRF CUP City of Oshkosh Application r► Conditional Use Permit SUBRffrTO: Dept orDevdo CM-YU M 215ChmchAve4 P.O Box 1130 ON THE VkxMe •`P[.EASE TYPE OR PMT UMNG BLACK MK "• OsHwsft, Wi msia 54903 -1 BO PHONE: (920) 236 -5059 AMLICMT Il"R "Wax Pefifioner: Lutheran Social Services of Wisconsin & Upper Michigan, Inc. Dam IQ/20/08 PetitioncesAddnem: 1320 West Clairemon Ave., City. Eau Claire s WI 4702 tdw 15 834 -7563 thakala @lsswis.org Tdephone# (715) 552 -2420 F=j ) Other Contact Emig: Status of Petitioner (Please Check) /11 Ownek C RepreWo*e 0;Fenad49 Prospective Buyer sig mamm Vice Pr esident 0/20/08 Owrrer(sr ", ls! L r /1 5 Date: zz L c- 0wner(s)Address: 3 4 MG - rr 4 ��r rr _ Cfty: ms's /,/.c e State: Zap: Tchphone #: (9 ZG) :1. s "- �> � 75 ` Fa)c ( `izc) z 5, - ; - 3 4 : O&w Contact # or Emaffi Ownership Status (Please Check): 01oflfvidual D Trust C Partnem* O Corporation Property Owner Consent: (required) By one hemon, L/We adommledge that City officials =cVos employees may, in the pmforww= of dwk functions, ender upon the property to inspect or gather other mfamation neoeawy to pmcess this ap Hodion. L also undastaad gut all niediog dates are tentative and may be postponed by the Phumag Servfoes Division. for incomplete or unsex admi to t sUve reasons° Property Ownces signatme: f Date: AddressilA dWaefPtvposedProjxt: 2831 Harrison Street, Oshkosh, WI Proposed PMcctType: Community Based Residential Facility CuUsevfProperty vacant R -4 Land Uses smmmdiing Your Shm N Road / Oshkosh Truck SougL St.Vincent DePaul F.ist Tavern West: QAhkosh Truck '*Please note that a meeting no6= will be mefled to aff abwft propmty ovvneers repr3ing yoga' requesL > Agplkation fm are ducat time of sabn dttaL Make ebe k payable to City of Cts U=b. > Phan refer to the fee w&edale for appropriate fee. nt LS NON REFUNDABU For more information please the City's webske at www.ci.oshkosh -4i.us/ Community_ )evelopment/Planning.htm Staff k Date Reee'd � Z 3A Agency Requesting Conditional. Use Permit: Lutheran Social Services of Wisconsin and Upper Michigan, Inc 1320 West Clairemont Avenue Eau Claire, WI 54701 Contact Information: Steve McCarthy, Executive Director Office: 715 -552 -2416 Cell: 715- 456 -5744 Ted Hakala, Vice President Office: 715 -552 -2420 Cell: 715456 -5671 Briefly explain how the proposed conditional use will not have a negative effect on the issue below. 1. Health, safety, and general welfare of occupants of surrounding lands. We do not anticipate any negative effects on surrounding lands. The facility on Harrison Street was previously licensed as a CBRF, and we are proposing to continue that use. The property is zoned R4. It is a permitted use for a CBRF for 15 and below. We are requesting to license the facility for up to 24. The home is large enough to meet licensing requirements for at least 24 beds. The population that we will serve is adult males referred by the Department of Corrections. This home is currently operating on Algoma Blvd. and has been in operation without incident since 1991. 2. Pedestrian and vehicular circulation and safety. Our program will provide minimum additional traffic. As a general rule, clients cannot have their own vehicles at Nexus; however, in rare cases when their job is out of the radius of the bus system or it is unreasonable to have them ride a bicycle, they are allowed to have their own vehicle at the program site. This exception requires clients to provide the Nexus House Program with proof of insurance and a valid driver's license. Therefore, in almost all cases it is only LSS staff vehicles that will be in the parking lot. There are 14 parking stalls on the property, including handicapped parking. We believe that this parking is more than adequate to meet 4 our needs. All of our residents are on probation or parole with the Department of Corrections. They are closely monitored throughout the day. In our 17 years of operation on Algoma Blvd. we have never had a situation that threatened the safety of residents in the community. 3. Noise, air, water, or other forms of environmental pollution. This property and its intended use does not and will not have any adverse effects on environmental pollution. 4. The demand for and availability of public services and facilities. Since the program is already in operation at another address, we do not anticipate any additional demands on public services. Our residents us the public transportation services already available in the city. 5. Character and future development of the area We do not anticipate any additional developments to the property. When we take occupancy of the property, we will add carpeting and hard surface flooring where necessary. The home is in need of some routine repairs and maintenance. LSS will begin these improvement immediately in order to gain licensure from the State Department of Health. and Family Services, which issues the CBRF license. The entire interior of the home will be painted and the property will become as good or better than other properties in the neighborhood. Proposed use of the property Lutheran Social Services proposes to use the property at 2831 Harrison Street as a licensed community based residential facility (CBRF) for men with alcohol or other drag addictions. Residents at this program will have already received primary treatment for their drug or alcohol issues and will benefit from a stay at the program before returning to their home communities in Winnebago County. Residents who will live in this facility are referred by the Wisconsin Department of Corrections. LSS currently operates a similar house in Oshkosh at 2002 Algoma Blvd. LSS intends to transfer the clients it is currently serving on Algoma Blvd to the proposed location on Harrison Street. The move would afford additional space to serve more men in order to meet community and service needs. LSS proposes to serve at least 18 clients at a time and as many as 24, which reflects the community's future need for such services. Winnebago County's alcohol and other drug M addiction (AODA) beds have remained constant over the years, while the number of Winnebago County residents continues to increase and therefore the number of people needing residential services. Existing use of the property The property has been vacant since 2006. Its most current use was a licensed Community Based Residential Facility (CBRF). It was licensed as a Class C facility and served an older adult population. The property received a Conditional Use Permit while it was in operation. The program was licensed for 18 beds. Identification of structures on the property and discussion of their relation to the project The property has one main building totaling approximately 7500 square feet and a two- vehicle garage totaling 1680 square feet. Also included in the garage foot print is a large storage area. The home is a large 2 story structure with a full basement under the center of the building and crawl spaces under the newer construction. The main building has at least 16 bedrooms, ample commoniliving areas, and a full kitchen. There are 4 full bathrooms and two % baths. In addition, there are additional rooms for laundry, office, and storage. The home was designed as handicap accessible on the first floor. The building is completely sprinkled and has a security alarm system. The home was designed and used as a CBRF for adults until 2006. The ample space throughout the facility makes it an ideal facility for a CBRF. The facility is located in an R4 Multiple Dwelling District. Permitted uses in this district include Group Homes licensed. or permitted under authority of Wisconsin Department of Health and Social Services with fifteen (15) or less persons. The surrounding community is a mix of multi - family, business, commercial and industrial. LSS proposes to use the facility as a CBRF for up to 24 individuals. There is ample bedroom space, common areas, kitchen facilities, bathrooms and total square footage to support residents and staff. The two -car garage would be used for storage of one vehicle, additional storage of supplies, and possibly a meeting room if space needs dictate that use. 6 Projected number of residents, employees and /or daily customers The number of individuals residing at the CBRF would fluctuate between 15 and 24 people, depending on the need for services. The number of employees on site at any given time would fluctuate between 2 and 6. The facility will be staffed round -the- clock, 365 days /year. Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the proposed nearest one - hundredth of an acre. This is an existing facility. The lot size has 37,976.25 square feet and is..8718 acres. The facility has approximately 7500 square feet of usable space on two floors. The garage is 1680 square feet and is detached. There are 14 parking spaces including the required handicap parking area. The driveway access is from Harrison Street. Please refer to the site plan and blue prints for additional detail. There are 16 bedrooms at this property. LSS seeks a conditional use permit for up to 24 beds to be operated as a CBRF. Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. The proposed use of the property is a residential CBRF. There will be no unusual noise, glare, odors, fumes or vibrations. The program would be staffed round -the- clock by awake staff. This project does not increase traffic in the neighborhood. Residents in the program do not drive /own vehicles. Only staff vehicles and visitor vehicles would be on site. Surrounding land uses The surrounding land uses are zoned multi - family and business /commercial. None of the businesses surrounding the property pose any negative effects on our project. Compatibility of the proposed use with adjacent and other properties in the area The proposed use of the property relative to adjacent other nearby properties is compatible. This property was used as a CBRF in the past. The program that we are moving into this property has been licensed as a CBRF since 1991 and is located on Algoma Street in Oshkosh. The location on Harrison Street is similar to our 7 current location on Algoma. It is a neighborhood with mixed residential and business. The Harrison street property is bordered by railroad tracks, Oshkosh Truck, a tavern and other commercial and businesses properties. There are also multifamily housing units approximately one block from the site. We believe that our proposed project will not adversely affect adjacent properties. Traffic generation The proposed use would generate little additional traffic in the area, compared with, for example, traffic that would be generated by a retail business or similar commercial use. Any other information pertinent to adequately understanding of the intended use and its relation to nearby properties Lutheran Social Services has operated CBRFs for several decades in communities throughout the state. In Oshkosh, LSS has operated the "Nexus" CBRF since the early 1990s, serving county residents with AODA concerns returning to their home communities from secure settings. In more than 25 years, there have been no adverse incidents in the community. Lutheran Social Services is proposing to move Nexus House into the property under consideration. By definition, halfway house clients have already received primary treatment and counseling for their AODA concerns, and they have been assessed as appropriate to receive halfway house services. Per CBRF licensing requirements, clients who present a clear risk to other clients' safety and well-being are not accepted into the program; similarly, clients who pose a significantly negative effect on the program's therapeutic environment are also not admitted. However, Winnebago County clients with histories of sex offense are accepted, provided that the previous two conditions are met. All clients primary reason for being at Nexus House, will always be their alcohol or other drug addiction concerns. Nexus House is highly structured and treatment focused. Clients are busy from morning to night doing work related to their addictions, attending recovery meetings and participating in groups. Men who are not employed must serve 16 hours of community service while working hard to gain employment. Monday through Friday during the day, clients are expected to work in the community or in nearby communities. LSS provides transportation to and from their worksites, using a van. On the weekends the clients have some leisure time; LSS takes them out to supervised recreational activities. Some clients go home to their respective home communities if they have earned that privilege. 8 While the overall focus of the program is provide AODA treatment services, the broader goal is to increase community safety. Programs like Nexus House do that by providing treatment, providing 24 -hour staff supervision of clients, electronic monitoring of clients, limiting community contact, communicating daily with DOC agents, and, at the proposed new site for Nexus House, using the Wanderguard system that alerts staff when someone exits or enters the building. Nexus House has an excellent reuporation and history for providing quality services that reduce recidivism and increase community safety. LSS more broadly has nearly 40 years of experience with programs like Nexus House. The contract for Nexus House's services is with the State Department of Corrections. The DOC liaison agent is at the program on a regular basis, often daily, but LSS staff provide the day -to -day programming and treatment for the clients and is solely responsible for all services. Please see the following for a detailed description of the Nexus House client Schedule. PI (D U Cl) T O i X Z 10 CL CO } ca 0 C Cn O W O Q. D 0 >, .0 Q CO t d C a) Q Y U L m 3 O , U Q. O L a C IL m O m 'n Ily c N CL C r V. y C ca U o U J_ � u 0 F a a cu m co ca m o r o o o C o m ` '- - C J V M L m M cu ` 2 M O 4n � i n O 3� S T � c d; � r � at L � o 2 >, IL y 0 10 00 O 1n n (D r ) �. 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