HomeMy WebLinkAbout09-188MAY 26, 2009
09 -188 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE EXTRATERRITORIAL CONDITIONAL USE
PERMIT FOR A SKILLED NURSING FACILITY, WEST OF AND
ADJACENT TO 3063 WITZEL AVENUE, TOWN OF ALGOMA
INITIATED BY: LUTHERAN HOMES OF OSHKOSH, PETITIONER
EXTRATERRITORIAL ZONING COMMITTEE RECOMMENDATION: Approved w /conditions
WHEREAS, the City of Oshkosh and Town of Algoma have adopted a Cooperative
Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of
Administration, that establishes buffer areas the City has review and zoning authority over;
and
WHEREAS, the City of Oshkosh has approved extraterritorial zoning regulations for
those areas under the City's control.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit is hereby granted under Section 30 -86 of the
Oshkosh Zoning Ordinance for construction of a skilled nursing facility and associated
amenities, per the attached, with the condition that the property be rezoned from A -2
General Farming to P -1 Institutional and Recreational Park (Winnebago County zoning
classifications).
O
OfHKOfH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Kinn
Director of Co unity Development
DATE: May 21, 2009
RE: Approve Extraterritorial Conditional Use Permit for a Nursing Facility, West of
and Adjacent to 3063 Witzel Avenue, Town of Algoma (Extraterritorial Zoning
Committee Recommends Approval)
BACKGROUND /SUBJECT PROPERTY
The subject site is an approximately 77 acre parcel located on the south side of Witzel Avenue
across from the Overland Trail intersection adjacent to City limits to the south and approximately
40 feet to the east. Most recently, the property has been used for agricultural purposes. The
parcel is in the Town of Algoma Protected Area as defined by the Cooperative Plan/Boundary
Agreement between the City of Oshkosh and Town of Algoma. The area is also within the City -
Town Buffer Area as set forth in the Cooperative Plan/Boundary Agreement, which is an area
that was established to maintain low density land uses as a means of protecting adjoining land
uses in the City and Town.
ANALYSIS
The petitioner is requesting an Extraterritorial Conditional Use Permit for development of a 50
bed skilled nursing facility on a 9.959 acre parcel carved from a 77 acre base parcel in the Town
of Algoma. The proposed development includes a 30 bed single -story rehabilitation building and
two 10 bed single -story "greenhouse" buildings. The rehabilitation facility will have a total of
44 employees and each greenhouse will employ 10 people split among several shifts throughout
the day. The site provides 53 parking stalls for the rehabilitation building and 10 stalls for each
greenhouse for employees and visitors. The nursing facility would appear to be an appropriate
buffer use between the City and Town and will provide long -term care for elderly which has seen
a growing need for in the community.
FISCAL IMPACT
None, other than through an agreement with the Town of Algoma the City provides ambulance
services to the Town which are reimbursed to the City.
RECOMMENDATION
The Extraterritorial Zoning Committee approved of this request at its May 19, 2009 meeting.
Approved,
City Manager
ITEM: EXTRATERRITORIAL CONDITIONAL USE PERMIT FOR A 50 BED
NURSING FACILITY LOCATED ADJACENT TO AND WEST OF 3063
WITZEL AVENUE IN THE TOWN OF ALGOMA (TOWN PROTECTED
AREA/CITY -TOWN BUFFER AREA)
Extraterritorial Zoning Committee meeting of May 19, 2009
GENERAL INFORMATION
Petitioner: Lutheran Homes of Oshkosh, Inc.
Owner: Earl C. & Diana L. Dougherty
Action Requested:
The petitioner is requesting an Extraterritorial Conditional Use Permit for development of a 50 bed
skilled nursing facility on a 9.959 acre parcel carved from a 77 acre base parcel in the Town of
Algoma (Town Protected Area/City -Town Buffer Area).
Applicable Ordinance Provisions:
Extraterritorial Conditional Use Permits within the City of Oshkosh - Town of Algoma Buffer area
are governed by Section 11.04 of the Cooperative Plan between the City of Oshkosh and Town of
Algoma.
Property Location and Background Information:
The subject site is an approximately 77 acre parcel located on the south side of Witzel Avenue across
from the Overland Trail intersection. The property is adjacent to City limits to the south and
approximately 40 feet to the east. Most recently, the property has been used for agricultural purposes.
The parcel is in the Town of Algoma Protected Area as defined by the Cooperative Plan between the
City of Oshkosh and Town of Algoma. The area is also within the City -Town Buffer Area, an area
established to maintain low density land uses as a means of protecting adjoining land uses in the City
and Town. The City does not have zoning review authority within the Town Protected Area;
however, the City does have authority with the Town to jointly grant Extraterritorial Conditional Use
Permits via the Extraterritorial Zoning Committee.
Adiacent Land Use and Zonin
Plan
10 Year Land Use Recommendation Town Protected Area
20 Year Land Use Recommendation Town Protected Area
ANALYSIS
The petitioner is planning to create an approximately 10 -acre parcel from the 77 acre base parcel via
Certified Survey Map (CSM). The CSM also has proposed public right -of -way dedicated along the
east side of the nursing facility terminating as a temporary cul -de -sac approximately two- thirds down
the east property line. There is no indication if, where or how the new street will be extended in the
future.
The proposed development includes a 30 bed single -story rehabilitation building and two 10 bed
single -story "greenhouse" buildings. Plans submitted also show potential future expansion of three
additional 10 bed "greenhouses" on the south side of the development (any future expansion of the
facility will require an amendment of the Extraterritorial Conditional Use Permit). When looking at
the density of dwelling units per acre, the proposed development has a density of five units per acre
which is characteristic of densities found in the City's R -1 Single Family Residence District. The
proposed use follows the intent of the Buffer Area in that developments are to be low density in
nature.
The rehabilitation facility will have a total of 44 employees split among several shifts throughout the
day. Each greenhouse will employ 10 people, again split among daily shifts.
The site provides a total of 53 parking stalls for the rehabilitation building and 10 stalls for each
greenhouse for employee and visitor parking. These numbers seem adequate for the proposed use.
Although the City does not have zoning review authority, it should be noted that the some of the
proposed parking is located within setback areas required by the proposed P -1 zoning and should be
addressed during the Town of Algoma's review process.
The current Town zoning of A -2 General Farming does not allow this proposed use, therefore, upon
approval of the Conditional Use Permit, the petitioner will be applying for a rezoning to P -1
Institutional & Recreational Park District. Staff is recommending that the rezone be a condition of
approval of this Extraterritorial Conditional Use Permit.
The staff feels the nursing facility is an appropriate buffer use between the City and Town and meets
the goal set within the cooperative plan. The facility will provide the growing need for long -term
care for elderly. It is not foreseen that a lot of traffic will be generated other than for employee shifts,
visitors and deliveries. The development is approximately 500 feet from the residential development
to the south and 800 feet from residential uses to the east so any impact will be negligible.
It should be noted that the petitioner owns the remaining +/- 67 acres of land. Although the vast
majority of the land west of the proposed development is undevelopable due to wetlands, future
development is possible to the south and east. If and when these areas are developed with similar
uses, the owner will again have to apply for an Extraterritorial Conditional Use Permit from the EZC.
As these lands are developed, the City will be more concerned with any potential impacts negatively
impacting residential developments located in the City.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the Extraterritorial
Conditional Use Permit for development of a 50 bed skilled nursing facility with the following
condition:
Item -CUP Nursing Facility- Witael Av
1. Property is rezoned from A -2 General Farming to P -1 Institutional & Recreational
Park District (Winnebago County Zoning)
The Extraterritorial Zoning Committee approved of the conditional use permit with conditions noted.
The following is the Extraterritorial Zoning Committee's discussion on this item.
Mr. Nau presented the item and reviewed the zoning and land uses in the surrounding area. He also
reviewed the proposed site plan and elevations for the nursing facility and commented that the
responsibility of the committee today was to review the appropriateness of the land use only as the
site plan approval would be the responsibility of the Plan Commission for the Town of Algoma. He
also commented about the potential for future expansion of the site to the south which would require
additional approval of the Extraterritorial Zoning Committee. The petitioner will be applying for
rezoning from A -2 to P -1 for the site and Mr. Nau stated that staff felt that this proposal would be an
appropriate buffer between the City and Town.
Mr. Nelson questioned if the site plan would be reviewed by the Town of Algoma.
Mr. Burich responded that the item would still have to go through the necessary approvals with both
the Town of Algoma and Winnebago County.
Greg Chapin, 85 Overland Trail, stated that he has property across the street from the proposed
development site and he felt that it would have a detrimental effect on the property owners on Witzel
Avenue. He further stated that it would create traffic issues and he would want his taxes adjusted
accordingly to reflect the devaluation of his property. He commented that this development would
have no benefit to anyone other than Lutheran Homes, Bethel Homes, and the current property owner
whose property is being purchased. He also stated that he felt that more property owners in the area
should have received the meeting notice other than just the adjacent sites and that he would like the
item laid over to a future meeting.
Craig Ubbelohde, President of Lutheran Homes, stated that the adjacent land owners to the east of the
site had a covenant in place prohibiting this type of development. The first step in the process was to
have the covenant waived if 60% of the property owners would be willing to sign off on the waiver to
allow the development to move forward. They received 70 signatures from property owners when a
total of 54 were required. He further stated that they had no immediate plans to expand the
development as shown on the site plan and he felt they had the support of the residential parcels in
the area. Regarding the statement that there no was benefit to the Town of Algoma from this
development, he commented that there was no tax revenue currently received from the wetlands area
and very little revenue from the agricultural use presently on the site. They had no plans to change
the status of the home on the parcel to a tax exempt status and the Town received $132,000 from the
development already in infrastructure costs and fees.
Greg Chapin contested that the home owners on Witzel Avenue were more affected by this
development than the subdivision residents to the east that waived the covenant. He also commented
that the residential sites to the south were currently mostly vacant lots that were still owned by the
bank and had yet to be developed. He reiterated that he would like to see the item delayed until the
next meeting so more adjacent property owners had time to review the proposal and he also
commented that he felt the staff reports should have been available earlier than the Friday prior to the
meeting.
Item -CUP Nursing Facility- Witzel AV
Mark Boehlke, representing Hoffman Architects, 122 East College Avenue, Appleton, stated that
studies have shown that this type of development does not generate much traffic and the amount of
traffic would actually be less than if the site was developed with residential homes. He further stated
that it was important that the item not be delayed by laying it over to the next meeting as they still
had to go through the necessary processes with both the Town of Algoma and Winnebago County
and if more adjacent property owners had issues they wished to address, they would have the
opportunity to do so at one of the future meetings for the rezoning of the site or the site plan approval.
A number of sites were considered for this development and this site was selected for many different
reasons and he felt it would greatly benefit the Town of Algoma.
Mr. Vanden Heuvel questioned if the meeting for the rezoning of the site would be a public forum.
Mr. Burich replied that it would be a public hearing so residents would have an opportunity to voice
their opinions if desired. He further stated that this item would be going to the Common Council
meeting next Tuesday for the final approval from the City followed by a meeting with Winnebago
County regarding the rezoning issue and the site plan review would be going in front of the Town of
Algoma Board and Plan Commission for their approval.
Mr. Vanden Heuvel also questioned who the list of names and addresses attached to the staff report
represented.
Mr. Burich responded that those were the parties that received a meeting notice regarding the item
being reviewed today.
Motion by Borsuk to approve the extraterritorial conditional use permit for a 50 bed nursing
facility located adjacent to and west of 3063 Witzel Avenue in the Town of Algoma with the
following conditions:
1. Property is rezoned from A -2 General Farming to P -1 Institutional & Recreational
Park District (Winnebago County Zoning)
Seconded by Lowry. Motion carried 6 -0.
Item -CUP Nursing Facility- Witzel Av
City of Oshkosh Application
0 Conditional Use Permit SUBMITTO:
Dept. of Community Development
Q nlO- H 215 Church Ave., P.O. Box 1130
ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** Oshkosh, Wisconsin 54903 - 1130
PHONE: (920) 236 -5059
APPLICANT INFORMATION
Petitioner. L T fib'! e f-4 n Ao;, e s a � L9 oS�4, Date: � ?�
Petitioner's Address: o7 a J� Al, 7� w !e �7`F"e e •city 45:1 i� lS�a S State: k , �r Zip:
C
Telephone #: ( t?,q) 230? �_ a� S Fax: (90?0) �2.3 .5' -34 �e Other Contact # or Email: � �
Status of Petitioner (Please Check): ❑Owner ❑Representative ❑ TenantProspective Buyer
Petitioner's Signature (required): l`c5 Date:
OWNER IN / AT / I � ON /� ! �( 1�
Owner(s): G G� Ir ! (� Df n � i as rl .c _ 6 as 11 A e c L 4 q Date 7 a 3 p
Owner(s) Address: 3 0 3 ZA 1 ' 1.z e ity: e 5117 O sh State: iv: 5 1�fa, 5 : e
Telephone # -2 3 3 " 7/3 7 Fax: (
Other Contact # or Email: ; a
Ownership Status (Please Check): )6ndividual ❑ 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 ne ary to process this application. I also understand that all meeting dates are tentative
and maybe postponed by the PIMMA Servi iv' ion fora u snbiiriissieas c other administrative reasons.
Property Owner's Signa
SITE INFORMATION
Address/Location of Proposed Project: $a
Proposed Project Type:
Current Use of Property:
Land Uses Surrounding Your Site: North:
Zoning:
I .
South:
East: Fqr rQ II
West: TtQNh
* *Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
Application fees are due at time of submittal. Make check payable to City of Oshkosh.
9 Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please the City's website at www .ei.oshkosh.wi.us/Community_pevelopment/Planning.btm
Staff Date Recd
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Date: Z A
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pianners- architects - construction managers
Lutheran Homes of Oshkosh
Proiect Summary -
Extraterritorial Zoning Committee, Conditional Use Permit Application
April 27, 2009 .
Luthe,Yan Homes of Oshkosh is in the process of purchasing approximately 77 acres of land in
the Town" of Algoma, with the intent of relocating 50 skilled nursing beds from their existing
campus to the new site. The project site is located on the south side of Witzel Avenue just west
of the Overland Trail intersection. A Certified Survey Map. is attached that defines the-larger
parcel being purchased, as well as the 9'.959 acre parcel (Lot 1) and the road right -of -way to be
dedicated for this initial development. -
The 9.959 acre project site is currently a farm field. The proposed development includes a
singie'story buildings, drives, parking, sidewalks, patios. and a stormwater management pond,
as shown on the attached site plan.
The area surrounding the proposed development is undeveloped farmland to the east and
south, a substantial wetland to the west, and Witzel Avenue and existing residential
neighborhood to the north. The area to the east, west, and south will all be owned by Lutheran
Homes of Oshkosh. The proposed use is very. compatible with the existing residential character
of the surrounding areas, and'the impact of this development on adjoining properties will be
minimal. The proposed buildings are all single -story and will have a residential, character. Since
this is a skilled nursing facility noise and traffic will be minimal, as none of the residents drive.
The rehabilitation building will have 30 skilled'nursing beds and will have a.totai of-44
employees. The employee count is total and includes several shifts through the day and
evening and some part-time employees. There are.53., parking stalls provided at the
rehabilitation building for employees and visitors, with five of the stalls designated as handicap
stalls.
Each greenhouse building will have 10 skilled nursing beds and -the greenhouses will have a
total of 6 employees. There will be 10 parking stalls' at each greenhouse for employee and
visitor•parking,'with 1 stall at each greenhouse designated as.a handicap stall..
All site lighting will be full cutoff fixtures and the lighting plans, including light levels, will meet .
Town and/or County standards as required:
This proposal is submitted to the Extraterritorial Zoning Committee because the site is located in
the Buffer Zone as. defined. in the Cooperative Plan between The City of Oshkosh and Town of
Algoma.;The proposed nursing home use is permitted as a conditional use in the buffer. zone.
122.East College Avenue Suite 113"
800.236.2370 Appleton, Wisconsin 54911. -
•www.hoffman.net PO Box 8034 Appleton, Wisconsin 54912
main 920.731.2322 fax 920.731.4236
TOTAL PROJECT MA
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planners - architects -construction managers
The EZC Conditional Use Permit is the first step in the site approval process. Other site
approvals prior to development will include the following: =
1. Site Plan -The site is also part of the Town of Algoma protected.area,.therefore a
_ detail site plan will be submitted to the Town for final approval. -
2. Rezoning - The site will also•be submitted to Winnebago County and the Town,of
Algoma for rezoning review and approval.
3. Storm Water. Management -The storm water management plan will be prepared
to meet all local state requirements,_ and will be submitted to Winnebago
-County for approval.
4. Access Permit-- The proposed public street access to Witzel Avenue must be
approved by the County Highway Department '
5. Utilities — Approval for water,and sanitary-sewer will be from the Algoma Sanitary
District.
This submittal includes the following:
1 Conditional Use Permit Application
2. - Application Fee of $300
3.. Site Plan
4.'. Elevations for Greenhouse buildings. The elevations for the
Rehabilitation Building will be similar to the Greenhouse elevations. The
Rehabilitation Building will also be single -story with similar exterior materials and
residential character. _
5. Certified Survey Map'
122 East College Avenue Suite 1G o
800.236.2370 Appleton, Wisconsin 54911 ®ioo /o recycled paper
www.hoffman.net PO Box 8034- Appleton, Wisconsin 54912 processed chlorine free 6
_ main 920.731.2322 fax 920.731.4236. Tora� PRO)E MANAGEMENT made in the ASa
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2850 Universal Street, Oshkosh M 64904
920 - 233 -2884 Fax 920 - 231 -9872
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NURSING FACILITY SNYDER TIMOTHY /ANNE WYLDEWOOD BAPTIST CHURCH
SW CORNER WITZEL AV & 30 OVERLAND TR 3030 WITZEL AVE
OVERLAND TR OSHKOSH WI 549040000 OSHKOSH WI 549040000
EZC: 05 -19 -09
GRAY THOMAS /SUSAN
51 OVERLAND TR
OSHKOSH WI 549040000
GRAHAM CHADWICK /KARIS
75 OVERLAND TR
OSHKOSH WI 549040000
POESCHL GERALD /KATHY
3212 WITZEL AVE
OSHKOSH WI 549040000
ANDERSON ANDREW /PATRICIA
79 OVERLAND TR
OSHKOSH WI 549040000
LUTHERAN HOMES OF OSHKOSH
225 N EAGLE ST
OSHKOSH WI 54902
DOUGHERTY EARL /DIANA
3063 WITZEL AVE
OSHKOSH WI 549040000
RE 3063 WITZEL & VACANT LOTS
RATAJCZAK GARY /ERICA
20 WYLDEBERRY LN
OSHKOSH WI 549040000
CHAPIN GREGORY /SANDRA
85 OVERLAND TR
OSHKOSH WI 549040000
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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 discrepencies are found, please contact the
City of Oshkosh.
NURSING FACILITY
SOUTHWEST CORNER
WITZEL AV & OVERLAND TR
Scale: 1" = 500'
r�
N OJHKO.IH
ON THE WATER
City of Oshkosh
Department of
Community Development
05/08/09
Created by - dff