HomeMy WebLinkAbout08-451NOVEMBER 11, 2008 NOVEMBER 25, 2008 08 -417 08 -451 ORDINANCE
FIRST READING SECOND READING
(CARRIED 5 -2 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL TO CHAPTER 30 ZONING ORDINANCE TO AMEND
THE SUBDIVISION ORDINANCE TO CREATE SECTIONS
REGARDING TERRACE TREES
INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT/
PLANNING SERVICES DIVISION
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE ZONING
ORDINANCE REGARDING REQUIRED IMPROVEMENTS TO SUBDIVISIONS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. Section 30- 73(L), Design Standards is hereby amended to create
"Terrace Trees Plan" as follows:
A plan for placement of terrace trees shall be submitted at the time of the preliminary
plat review or Certified Survey Map (CSM) submittal. The plan shall include the location
and type of all trees to be planted in the terrace.
Prior to submitting the terrace tree plan, the subdivider shall consult with the City
Forester and the Director of Public Works for the City of Oshkosh. Prior to review of the
preliminary plat or CSM by the Plan Commission, the City Forester and the Director of
Public Works for the City of Oshkosh shall approve all terrace tree plans.
To ensure compliance with the approved terrace tree plan, a covenant shall be included
on the face of the CSM or final plat referring to the terrace tree plan and requiring
compliance therewith.
SECTION 2. Section 30 -74 (C) (10) Required Improvements for Subdivisions be
amended to create "Terrace Trees" as follows:
NOVEMBER 11, 2008 NOVEMBER 25, 2008 08 -417 08 -451 ORDINANCE
FIRST READING SECOND READING CONT'D
The subdivider shall cause terrace trees to be planted as specified in the approved
terrace tree plan. The standards for tree planting shall be:
1) Trees shall be planted a minimum of thirty (30) feet apart and a maximum of sixty
(60) apart.
2) Trees shall be planted no closer than forty (40) feet to an intersection.
3) There shall be no less than 1 tree per platted lot.
4) Alternative planting materials /types may be considered during review of the
preliminary plat or certified survey map before the Plan Commission.
5) Any deviations from these standards must be approved by the City Forester.
The subdivider shall assume the cost of planting all terrace trees as specified in the
approved terrace tree plan. This Section shall apply to all plats, certified survey maps
or other land divisions located in the City of Oshkosh and all plats, certified survey maps
or other land divisions within areas designated as city expansion areas in any
intergovernmental agreement(s).
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #08 -451 AMEND CHAPTER 30 ZONING ORDINANCE TO AMEND
SECTIONS ON REQUIRED IMPROVEMENTS TO SUBDIVISIONS — SANITARY
SEWERS, WATER, STORM SEWERS, STREET WIDTHS on November 11, 2008.
The full text of the Ordinance may be obtained at the Office of the City Clerk, 215
Church Ave. and on the City's website at www.ci.oshkosh.wi.us Clerk's phone: (920)
236 -5011.
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1'HK lH
ON THE WATER.'
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson nne aP--�
Director of C unity Development
DATE: November 6, 2008
RE: Approval to Chapter 30 Zoning Ordinance to amend the Subdivision Ordinance to
create sections regarding Terrace Trees (Plan Commission Recommends
Approval)
BACKGROUND
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council to amend
zoning regulations, after first submitting the proposal to the City Plan Commission. The
Department of Public Works is requesting to amend Chapter 30 -73 "Design Standards" and 30-
74 "Required Improvements for Subdivisions" providing for the planting of terrace trees as part
of the subdivision process.
ANALYSIS
Presently, planting of terrace trees is done at the sole option of the developer of the subdivision.
The proposed new language would require the subdivider to provide a plan for the placement of
terrace trees as part of the platting process outlined in Section 30 -73 and that terrace trees be
included as one of the required improvements set forth in Section 30 -74 of the Municipal Code.
FISCAL IMPACT
The developer will be required to install the trees as part of the subdivision development process
with those costs passed onto the purchasers of lots within the subdivision. The estimated cost is
approximately $100 per tree.
RECOMMENDATION
The Plan Commission approved of this request at its October 21, 2008 meeting.
Approved,
City Manager
ITEM: TEXT AM ENDMENT TO THE ZONING CODE
REGULATING SUBDIVISIONS, CHAPTER 30 -73: DESIGN STANDARDS
AND 30 -74: REQUIRED IMPROVEMENTS FOR SUBDIVISIONS
Plan Commission meeting of October 21, 2008
GENERAL INFORMATION
Applicant: City Administration
Action(s) Requested:
Review and approval of an addition to the City of Oshkosh Zoning Ordinance within Article XVII
regulating subdivisions, Chapter 30 -73: Design Standards and 30 -74: Required Improvements for
Subdivisions providing for the planting of terrace trees as part of the subdivision process.
Applicable Ordinance Provisions:
The Zoning Ordinance, in Section 30 -8, establishes the ability of the Common Council on its own
motion or on petition, after first submitting the proposal to the City Plan Commission, amend,
supplement or change district boundaries or the regulations herein.
ANALYSIS
Currently, the City of Oshkosh has no language in the Subdivision Regulations relative to planting
terrace trees during the subdivision process. The current determination for tree planting in the
terrace is at the sole discretion of the subdivider, who has historically not included terrace trees
within the subdivision, has required the individual lot buyers to plant them following home
construction or who has included them on their own.
Staff believes that the inclusion of terrace trees within any subdivision is essential as part of
comprehensive neighborhood development. The inclusion of trees within the street right -of -way
provides a positive attraction for lot/home buyers, helps as a stabilization element for long term
home value and increases neighborhood aesthetics and environmental quality. To emphasize this
concept as an intention of the city, the Common Council adopted the recommendation of
"Implement a streetscaping, street lighting and terrace tree planting program" as an action within
the Housing Goals, Objectives and Actions section of the City's Comprehensive Plan, 2005 -2025.
To achieve said goal, staff is recommending that in new subdivisions, the subdivider be required to
provide a plan for the placement of terrace trees as part of the platting process outlined in Section
30 -73 and that terrace trees be included as one of the required improvements set forth in Section
30 -74 of the Municipal Code. Below is the proposed language to be inserted into said sections of
the existing code:
Create Section 30 -73(L) Terrace Trees Plan
A plan for placement of terrace trees shall be submitted at the time of the preliminary plat review
or Certified Survey Map (CSM) submittal. The plan shall include the location and type of all trees
to be planted in the terrace.
Prior to submitting the terrace tree plan, the subdivider shall consult with the City Forester and
with the Director of Public Works for the City of Oshkosh. Prior to review of the preliminary plat
or CSM by the Plan Commission, the City Forester and the Director of Public Works for the City
of Oshkosh shall approve all terrace tree plans.
To ensure compliance with the approved terrace tree plan, a covenant shall be included on the
face of the CSM or final plat referring to the terrace tree plan and requiring compliance therewith.
Create section 30- 74(C)(10): Terrace Trees
The subdivider shall cause terrace trees to be planted as specified in the approved terrace tree
plan. The standards for tree planting shall be:
1) Trees shall be planted a minimum of thirty (30) feet apart and a maximum of sixty (60)
apart.
2) Trees shall be planted no closer than forty (40) feet to an intersection.
3) There shall be no less than I tree per platted lot.
4) Alternative planting materials /types may be considered during review of the
preliminary plat or certified survey map before the Plan Commission.
S) Any deviations from these standards must be approved by the City Forester.
The subdivider shall assume the cost of planting all terrace trees as specified in the approved
terrace tree plan. This Section shall apply to all plats, certified survey maps or other land
divisions located in the City of Oshkosh and all plats, certified survey maps or other land divisions
within areas designated as city expansion areas in any intergovernmental agreement(s).
Interdepartmental discussions (including representatives from Planning, Inspections, Public
Works, Attorney's Office, Forestry, Transportation, Fire/Police, and the Assessor's office) were
held on September 4 and September 25, 2008 at the regularly scheduled Plan Commission item
review meetings. The proposed terrace tree text changes received a positive recommendation.
RECOMMENDATIONICONDITIONS
The Department of Community Development recommends that the Plan Commission recommend
to the Common Council that Section 30 -73: Design Standards and 30 -74: Required Improvements
for Subdivisions be amended as proposed.
The Plan Commission approved of the text amendment as proposed. The following is the Plan
Commission's discussion on this item.
Mr. Buck presented the request and reviewed the proposed language for this amendment to the
ordinance.
Item -text amendment Terrace Trees
There was no discussion on this item.
Motion by Borsuk to approve the text amendment to the zoning code regulating
subdivisions as requested.
Seconded by Propp. Motion carried 6 -1. Ayes - Borsuk/ Scheuermann /FojtikIPropp/Mattox/
Dell'Antonia. Nays- Esslinger.
Item -text amendment Terrace Trees