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(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )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.
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Vacant 18 Unit CBRF for ElderlyR -4
1
Ldiacent Land Use and Zonin
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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!
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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.
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