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HomeMy WebLinkAbout10-78MARCH 9, 2010 10 -78 RESOLUTION (CARRIED PURPOSE INITIATED BY LOST LAID OVER X WITHDRAWN ) UNTIL 4/13/2010 COUNCIL MEETING APPROVE CONDITIONAL USE PERMIT TO ESTABLISH A CHILD DAY CARE CENTER AT 1015 WEST 10TH AVENUE KRISTINE GARZA, PETITIONER PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D) and Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to establish a child day care center, per the attached, is hereby approved with the following conditions: 1) The two properties be combined. 2) Fencing be provided on the west, east and south lot lines to act as a buffer between the residential uses and the day care use. 1'HKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: March 4, 2010 RE: Approve Conditional Use Permit to Establish a Child Day Care Center at 1015 West 10 Avenue (Plan Commission Recommends Approval) BACKGROUND The area included in the application consists of two adjacent properties totaling 0.57 acres of land on the south side of West 10 Avenue approximately 140 feet west of Knapp Street. They include a 0.2 acre property located at 1025 West 10 Avenue and a 0.37 acre property located at 1015 West 10 Avenue. The improvements on -site include a 3,600 square foot, single -story structure as well as a 6 -stall legal nonconforming parking lot fronting West 10 Avenue. The property is currently vacant but had formerly been a legal nonconforming professional service business (Bartell's Photography Studio). The general area is predominately a single- family neighborhood with scattered two- family uses. A vacated railroad right -of -way (privately owned) borders the property to the south and is undeveloped. ANALYSIS The application is for a conditional use permit to permit the operation of a daycare facility licensed to provide care for up to 50 children during the day and up to 20 children in the evening, ages six weeks to twelve years old. Staffing for the use is anticipated to be no more than 8 teachers /caregivers on any given shift. The petitioner proposes to combine the two parcels and improve the site with the removal of the existing nonconforming 6 -stall parking area and the creation of a new code compliant 15 -stall parking area, installation of a 6 -foot tall cedar fence around the lots perimeter, addition of landscaping and the repair and renovation of the existing structure. The site design and the land use are both appropriate for this area as it is a complimentary and customary use within a residential neighborhood. FISCAL IMPACT The site of the proposed daycare facility is currently developed but unoccupied. Improvements to the building and the addition of the new parking area will add some value to the City's property tax base. Additionally, the new daycare business has the potential to add eight full time jobs to the Oshkosh job market and provide service that assists local working families, both of which provide positive ancillary benefit to the community's fiscal well being. The new use will not require the extension or provision of any City utilities that aren't already provided or available nor should the use appreciably increase the demand for city services. RECOMMENDATION The Plan Commission approved of this request at its March 2, 2010 meeting. Approved, Ci ger_ " ITEM: CONDITIONAL USE PERMIT REQUEST FOR THE ESTABLISHMENT OF A DAYCARE CENTER AT 1015 WEST 10 AVENUE Plan Commission meeting of March 2, 2010 GENERAL INFORMATION Applicant: Kristine Garza Property Owner: State Resources Corporation Action(s) Requested: The applicant is requesting a conditional use permit to establish a new child daycare center within a residential district. Applicable Ordinance Provisions: Daycare Centers are permitted only with a conditional use permit in the R -2 Two - Family Residence Zoning District as regulated in Section 30 -19 (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 area included in the application consists of two adjacent properties totaling 0.57 acres of land on the south side of West 10 Avenue approximately 140 feet west of Knapp Street. They include a 0.2 acre property located at 1025 West 10 Avenue and a 0.37 acre property located at 1015 West 10` Avenue. The improvements on -site include a 3,600 square foot, single -story structure as well as a 6 -stall legal nonconforming parking lot fronting West 10 Avenue. The property is currently vacant but had formerly been a legal nonconforming professional service business (Bartell's Photography Studio). The general area is predominately a single - family neighborhood with scattered two- family uses. A vacated railroad right -of -way (privately owned) borders the property to the south and is undeveloped. Subject Site Existing Land Use Zonin Vacant - Former Photography Studio R -2 A ,7..,...,..♦ 7 --A IT.. o r 7nnin Existin Uses Zonin North Single- family residential (Across West 10 Ave) R -2 South Vacant & single - family residential R -2 East Single - family residential R -2 West — Single-family residential R -2 Land Use Recommendation Use Catego 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The application is for a conditional use permit to permit the operation of a daycare facility licensed to provide care for up to 50 children during the day and up to 20 children in the evening, ages six weeks to twelve years old. Staffing for the use is anticipated to be no more than 8 teachers /care givers on any given shift. The petitioner proposes to combine the two parcels and improve the site with the removal of the existing nonconforming parking area and the creation of a new code compliant 15 -stall parking area, installation of a 6 -foot tall cedar fence around the lots perimeter, addition of landscaping and the repair and renovation of the existing structure. The establishment of a daycare facility on the subject property is an appropriate land use for this area as it is a complimentary and customary use within a residential neighborhood. Additionally, the former commercial use at the site had not historically caused significant disruption to the area and other potential service uses allowed on the site have the potential to be more intense. The site layout is appropriate for the establishment of a daycare, assuming improvements necessary for the specific use are provided such as the play area, code - compliant parking and solid fencing. Staff does not have any concerns with the proposed design/layout as the proposed 15 -stall parking lot exceeds parking requirements, traffic circulation is safe and acceptable, the children will be safely contained in a cedar fenced playground area behind the building, and the fencing and landscaping will act as a parking lot buffer. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the CUP to operate a daycare use 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. Two subject parcels are combined. 2. Fencing is provided on the west, east and south lot lines to act as a buffer between the residential uses and the daycare use. The Plan Commission approved of the conditional use permit with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area as well as the current land uses in said area, the recent history of the site, and the proposed site plan. He commented that the daycare center was proposing to be operational for both day and night care and that the site layout and traffic circulation had been reviewed by multiple City departments and found to be acceptable by all parties. He further commented that the proposed landscaping and fencing on the west, east and south perimeters would serve as a buffer to the residential uses in the area. Mr. McHugh inquired if the ambient lighting from the parking lot would have a negative affect on the adjacent residential properties. Mr. Buck replied that he did not believe that the petitioner was proposing any pole lighting in the parking area and the only exterior lighting would be on the side of the building. This lighting would be required to meet code requirements which should not have an adverse affect on the neighboring properties. ITEM- 1015W10th_CUP Daycare Mr. McHugh then questioned if stormwater management was being addressed. Mr. Buck responded that the stormwater management plans would require review and approval during the permit process and any issues would be addressed at that time. Mr. McHugh also asked if comments and concerns brought up at the Plan Commission meetings were past on to the Council and other departments of the city. Mr. Buck replied that excerpts from the minutes of the Plan Commission meetings are included with the staff reports that are distributed to the Council and copies of the minutes are distributed to various departments within the city as well. They are also posted on the website for the any other interested parties to review. Mr. Fojtik questioned if there were any concerns about traffic issues as this is located in a residential neighborhood where the streets are not prepared to handle large volumes of traffic. Mr. Buck responded that the issue was extensively discussed by staff regarding the option of using the large open area in the front of the site for drop -off and pick -up. It was determined that the site needs to maintain a 25 foot setback in the front of the building and the drop -off area in front would probably create stacking issues at peak drop- off /pick -up times. The proposed parking layout was determined to be the preferred and safest alternative. Mr. Thoms inquired if there were any other daycare centers in the city that have an evening shift. Mr. Buck replied that he was not aware of any. He felt that the fencing and landscaping screening of the parking lot from adjacent properties and the fact that the children would be inside for the evenings should not create a negative impact in the neighborhood. Mr. Hinz questioned if the traffic on 10` Avenue at drop -off and pick -up times would create issues. Mr. Buck responded that the parking lot should be sufficient to handle the traffic generated from the site. Mr. McHugh inquired if the adjacent property owners were notified about the request. Mr. Buck replied that a meeting notice is sent out to all adjacent property owners explaining the proposal two weeks prior to the Plan Commission meeting giving a description of the request, a copy of the site plan and both a phone number for our office and a web link to view staff reports. A "zoning petition pending" sign is also posted on the site with our office phone number for any other parties who may travel the area to be made aware that a request is being considered for this site. Mr. McHugh stated that he felt the city should routinely inform neighbors of what is going on with these requests as he felt there was a potential for problems with this proposal and no adjacent property owners appear to be present to discuss the matter. Mr. Buck responded that the office did not hear any concerns from adjacent property owners but it could be due to the fact that the site was utilized for commercial use prior to this. ITEM- 1015 W10th_CUP Daycare Kristine Garza, 8331 -24 Pine Lane, Larsen, petitioner for the request, stated that she included the fact that both day and evening child care would be provided at the site in her application material and also commented that the lighting on the site would be on the building only. She further stated that she would have liked to have a drop -off and pick -up area in the front of the building but understood the concerns about traffic issues. Ms. Propp commented that the exterior of the building did not appear to be in very good condition. Larry Olson, 1720 Western Street, general contractor for the renovations, stated that the building is in need of extensive exterior repairs and that he would be installing seven windows, as well as power washing, tuck pointing, and painting the exterior. The interior of the structure was not in bad shape but some remodeling would also be required inside to create the appropriate layout for the daycare center. Mr. Hinz questioned how many employees would be on site and if there was adequate parking to accommodate them. Ms. Garza responded that there would be eight employees with a maximum of 50 children during the day and 20 children in the evenings and that there was adequate parking as there are two extra stalls in the lot. Mr. Thorns inquired if she anticipated exceeding 20 children in the evening shift. Ms. Garza replied that the state limits evening child care to 20 children at one site so she would be proposing another site if she had applicants exceeding the limitations. Mr. McHugh asked if handicapped parking stalls were required. Mr. Buck responded that there would be one handicapped stall provided which meets the code standards for the size of the parking lot. Motion by Nollenberger to approve the conditional use permit for a daycare center at 1015 West 10` Avenue as requested with the following conditions: 3. Two subject parcels are combined. 4. Fencing is provided on the west, east and south lot lines to act as a buffer between the residential uses and the daycare use. Seconded by Thoms. Motion carried 8 -0. ITEM- 1015 W10th_CUP Daycare City of Oshkosh Application ♦► ❑ Planned Development Review OfHKOIH , (Conditional Use Permit Review ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Developmer 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 APPLICANT INFORMATION Petitioner: Kr ; - ' %� !V P A r 2 CA Date: Petitioner's Address: (� 3 3 I — ), q 1',,r , L*:P City: LArse -y State: h)L Zip: S I / 9 9 Telephone #: ( 31 a _ 09 5 Z Fax: ( Status of Petitioner (Please Check): ❑ Petitioner's Signature (required): Owner(s): Owner(s) Address: Telephone M ( Fax: ( Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation Date: Date: State: Zip: 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 be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: SITE INFORMAT Date: Address /Location of Proposed Project: /()IS IOlk /AU-,OA/ kf Parcel No. Proposed Project Type: ('� �(`r r f' GPA i2 Current Use of Property: � —('�p f P Zoning: Land Uses Surrounding Site: North: b + _� STT e G South: 1 (k e 5 t Je ►"R�e East: \els \ 44�TE West: ` cake_ , �u� '7s�' 1 t sX� ` ! rd t t "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. ➢ 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 _Development /Planning.htin �y Staff Date Rec'd Other Contact # or Email: ) <c i 5 +i +tee, Q o„ zo, e l , vexo ❑ Tenant AProspective Buyer City: Map Legend Red - Outside boundary - 6 foot high Cedar fence Pink - Inside boundary - 4 foot high chain link fence with gates as listed Blue - Badger Highway - asphalt surface - parking lot and sidewalks / / /// - Sidewalks and hard play surface for tykes City of Oshkosh Application ap ae 2 1. Health, safety, and general welfare of occupants of surrounding lands. Adventure Child Care Center would be licensed for 50 children Monday thru Friday from 5 am to 2am. The health and safety of the surrounding lands would improve because we will do a constructive overhaul on the property to increase its value and safety to everyone. As you can see in the pictures there is a lot of needed work on the appearance and clean up of the yard, we will not only do that but also improve the safety of anyone who may be on the property. The general welfare of the community will benefit from the increased value of the property. 2. Pedestrian and vehicular circulation and safety. We are incorporating sidewalks surrounding three sides of the building, North, South, and West side. The East side will not be used or needed for any public access or entrance. There is currently a paved driveway without stripping in front of the building; we will put stripping over the existing pavement to assure better safety and also to form a designated drive in and out area. 3. Noise, air, water, or other forms of environmental pollution. We will put a 6 foot high cedar fence down the parking lot and child play area's to reduce headlight glare and noise. There is much debris on the premises that we will clean up and make more environmentally appealing. 4. The demand for and availability of public services and facilities. We use public water and sewer. 5. Character and future development of the area. This child care center will add value to the community by increasing its appearance and worth. In the future if the roads need to be redone it will now be possible to incorporate two drive in and out area's instead of a 64 foot access way to drive up to the building. (e Submittal Requirements The building is currently empty and was a photography studio. It was foreclosed on and now a bank owns it. I intend to use the property for a child care center that will be licensed for 50 children. I will employ close to 15 people. There will be no more than 10 staff working at one given time. The 50 children will generate about 30 family's that will need to come and go as to what shift they are on. I do not ask for a stand up sign in the front because there is a roof overhang that I wish to place large white letters on to say ADVENTURE CHILD CARE. Site Plan and Building Elevations Please see attached picture of the top of the building. Also we sent picture's for you to see the elevation. I am asking for a conditional use permit for a child care center. Owner Information I did not fill this in because it cannot be exposed to me at this time. If you need to visit the site please call John Mayer at Coldwell Banker. 920 -539 -7637. If you have any questions or concerns for me I can be reached at 920 - 312 -0992 cell or 920 - 733 -8339 work. Adventure Child Care Center, LLC 1015 West 10 Avenue Oshkosh, WI 54902 Adventure Child Care Center is a start-up organization that will be licensed to provide day care for 50 children and night care for 20 children, ages six weeks to twelve years. The maximum amount of staff at one given time will be 8. This center is 3648 square foot and located on the south side of Oshkosh. Adventure Child Care Center will not only serve Oshkosh but also the whole Fox Valley area due to the great need in licensed night care services. This will help the community businesses along with single parents that will now have more options to be employed for second shift due to our second shift child care services. Adventure Child Care proposes to put a 6 foot cedar fence around the land's perimeters. This way it will minimize the noise and glare of car headlights. We will add shrubbery and tree's to beatify the yard. Adventure Child Care will put money into the exterior of the building to beautify the neighborhood. We will paint it with a nice beige color and replace some of the glass block with new windows. We will clean up the yard to make it child safe and free from some hazards it currently has. Upon completion of the construction it will not only increase the value of that location but also will increase the value of the whole neighborhood. K rI CUP - CHILD CARE CENTER JPMORGAN CHASE BANK NA 1015 W 10 AV 4828 LOOP CENTRAL DR PC: 03 -02 -10 HOUSTON TX 77081 RE 1020 W 10 AV ARTHUR TODD A /CONNIE SOWARD THOMAS W 1010 W 10TH AVE 1001 KNAPP ST OSHKOSH WI 54902 6212 OSHKOSH WI 54902-6325 BALDRY LIFE ESTATE WALLACE UNIVERSAL HOMES LLC 1016 W 10TH AVE 975 W SNELL RD OSHKOSH WI 54902 6212 OSHKOSH WI 54901 1114 RE VACANT LOT KNAPP ST SPANBAUER IAN R 1024 W 10TH AVE OSHKOSH WI 54902 6212 STATES RESOURCES CORP 4848 S 131ST ST OMAHA NE 68137 RE VAC LOT & 1015 W 10 AV GARZA KRISTINE 8331 -24 PINE LN LARSEN WI 54947 �r� x, b g icEt V z � � n uo i 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 DAYCARE CENTER 1015 W 10TH AV Scale: 1" = 100' A 1' 1 i1 p LJ A IN ' I3tl 11 f - P M IN 0 iYi �II�'�'�il ►ii ` uttttnti i �ittttttt �. .z,o v li n! mr t �1 U11 0 1 1,1- I� ohs - M i i ►'il ■. 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 discrepencles are found, please contact the City of Oshkosh. � Created by - dff DAYCARE CENTER 1015W10THAV Scale: 1" = 100' N .lHK .fH OH THE WATER City of Oshkosh Department of Community Development 02/09/10