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HomeMy WebLinkAbout04. 12-154 APRIL 10, 2012 12-154 RESOLUTION (CARRIED___5-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT TO ALLOW A COMMUNITY GARDEN IN THE 600 BLOCK OF JEFFERSON STREET INITIATED BY: REDEVELOPMENT AUTHORITY, OWNER AMBER MCCORD & JOSHUA NELSON, APPLICANTS PLAN COMMISSION RECOMMENDATION: Found consistent with Section 30-11(D) and approved with conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit/planned development to allow a community garden in the 600 Block of Jefferson Street, per the attached, is hereby approved with the following conditions: 1) Community garden approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2) Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. 3) Applicant to provide an area away from mowed areas for rocks and stones. 4) Any changes to the garden plan must be approved through the Planning Services Division. 5) If a compost area is to be provided, it shall be placed in such a way as to be out of sight as much as possible and be enclosed to prevent rodents. Final design/ placement to be approved by the Planning Services Division. 6) No permanent or temporary structures are permitted on site with the exception of fencing and composting structures. 7) Applicants will be required to develop rules and procedures for garden users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a) Community garden is to be used for recreational gardening and for personal or family use. Only off-site commercial sales are allowed. b) Participants may garden during daylight hours only. Participants may garden any day of the week. c) Gardeners are to supply their own tools, water cans, etc. and these items are not to be left on site. d) Pets are not allowed in the garden area, except for service animals. e) Unsupervised children are not allowed in the garden area. f) Smoking, alcohol, profanity, yelling, and loud music are prohibited. APRIL 10, 2012 12-154 RESOLUTION CONT'D g) Gardeners are expected to keep the garden free of weeds. h) Small animals may be trapped but not poisoned. i) Any debris and trash, other than compost materials, will be removed from the site. j) Gardeners are responsible for end-of-season clean up and to leave soil as they found it at the beginning of the growing season. Gardeners will remove all non-plant material, including weed-block fabric, plastic pots, wire tomato cages, stakes, tools, etc. at the end of the season. k) Parking is not permitted on site. OJHKOJH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: April 5, 2012 RE: Approve Conditional Use Permit; Planned Development to Allow a Community Garden in the 600 Block of Jefferson Street(Plan Commission recommends approval) BACKGROUND The subject site is a .55 acre/23,760 square foot area including three parcels located mid-block on the west side of the 600 block of Jefferson Street between East Parkway and East Irving Avenues. The area where the garden is proposed to be installed consists of currently vacant City of Oshkosh Redevelopment Authority parcels. The RDA owns six parcels on this block and this location will be a future redevelopment site when more property is acquired. As such, nothing is planned at this time for these parcels until the additional lands are acquired. The general area is a mix of single and two family residential, commercial and a church. ANALYSIS The proposed community garden will provide an urban food system for residents in the area without available garden space,provide a teaching tool for children, and provide an opportunity for community building in the neighborhood. The garden will have 4,500 square feet of space with additional areas for future expansion and will include timber boards, rabbit fence, and rain barrels. Both the garden and other areas of the site will be maintained by the applicants including weeding, mowing, trimming and keeping the site as orderly as possible. The use of the vacant parcels will be assessed and approved on a yearly basis with the possibility of the project being terminated if the site is not maintained in a fashion compatible with the neighborhood. There will be no fee for participants and funding for the garden is being provided by a UW-Oshkosh grant and possibly funding through the City's Great Neighborhoods Program. This is a good interim use for vacant city-owned parcels and the draft Sustainability Plan encourages such uses. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its April 3, 2012 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT FOR A CONDITIONAL USE/PLANNED DEVELOPMENT TO ALLOW FOR PLACEMENT OF A COMMUNITY GARDEN ON VACANT PARCELS ON THE 600 BLOCK OF JEFFERSON STREET Plan Commission meeting of April 3, 2012 GENERAL INFORMATION Applicant: City of Oshkosh Redevelopment Authority/Amber McCord&Joshua Nelson Property Owner: City of Oshkosh Redevelopment Authority Action(s) Requested: The applicant is requesting two actions within this petition: A. Conditional Use Permit Development for placement of a community garden on vacant parcels on the 600 block of Jefferson Street; and B. Planned Development approval for placement of a community garden on vacant parcels on the 600 block of Jefferson Street. Applicable Ordinance Provisions: Community gardens are permitted only through the approval of a conditional use permit within the R-2 Two Family Residence Zoning District. The Zoning Ordinance establishes criteria and guidelines for establishment and/or amendment of a Conditional Use Permit in Section 30-11 (D). The site is also located within a Planned Development Overlay District, which standards are located in Section 30-33(E)(3) of the Zoning Ordinance and specifically regulated within Resolution 06-167: Near East Neighborhood Redevelopment Area. Property Location and Background Information: The subject site is a .55 acre/23,760 square foot area including three parcels located mid-block on the west side of the 600 block of Jefferson Street between East Parkway and East Irving Avenues. The area where the garden is proposed to be installed consists of currently vacant City of Oshkosh Redevelopment Authority parcels. The RDA owns six parcels on this block and this location will be a future redevelopment site. At this time, nothing is planned for these parcels. The general area is a mix of single and two family residential, commercial and a church. Subject Site Existing Land Use Zoning Vacant Land R-2PD Adjacent Land Use and Zoning Existing Uses Zoning North 1 Vacant Land R-2PD South T Single Family Residential R-2PD East Single and Two Family Residential R-2PD West Commercial C-3DO Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Mixed Downtown 20 Year Land Use Recommendation Mixed Downtown ANALYSIS The proposed community garden is within the Near East Neighborhood just east of Main Street between East Parkway Avenue and East Irving Avenue on the 600 block of Jefferson Street. The proposed garden will provide an urban food system for residents in the area who may not have available garden space and will also provide a teaching tool for children in the area. The other intent of the garden is to provide an opportunity for community building in the neighborhood, which is a goal outlined by the Common Council for Oshkosh neighborhoods. The garden, as designed, will have 4,500 square feet of garden space with additional areas for future expansion. It will be bordered by timber boards to provide separation between the grass and garden and will utilize a wire rabbit fence that will keep small animals from eating the plants. It will also have rain barrels as a water source utilizing water run off from Main Street Resale. Fencing areas will be provided for controlling access from Main Street and for garden use. In addition, the applicant is having the soil tested for possible contamination by UW-Extension. In order to avoid issues with contaminated soil and to help with weed control, the applicants are proposing a"lasagna style" garden where instead of tilling the existing soil, new soil is layered on top of the existing soil. The garden and other areas not used for the garden will be maintained by the applicants. Maintenance will include weeding, mowing, trimming and keeping the site as orderly as possible. Due to possible future redevelopment of the area, the use of the vacant parcels will be assessed and approved on a yearly basis. If the RDA feels the applicant is not maintaining the site in a fashion that is compatible with the neighborhood, the garden project may be terminated. The applicants held a meeting about the community garden with 23 interested people attending (16 adults and seven children). The majority of the persons in attendance were from the Near East Neighborhood with a few attending from the Middle Village Neighborhood, which is on the other side of Main Street. The group discussed possible issues related to the garden including contamination and vandalism. The property owner at 675 Jefferson Street was involved in this meeting and stated he would be the "watch dog" for the group. They also discussed the logistics of the garden and that there would be no fee for participants. The group is planning another meeting on April 29th and is hoping more people are interested in participating. Funding for the garden is being provided by a UW-Oshkosh grant and the applicants are also requesting funding through the City's Great Neighborhoods Program for collaborative efforts between the City and neighborhoods. Item —CUP/PD-Community Garden-Jefferson Street 2 Staff agrees with the applicant that this would be a good interim use for the vacant parcels. In addition, the draft Sustainability Plan suggests drafting changes to the zoning ordinance to address community gardens as permitted or conditional land uses in all zoning districts and to work with residents to identify and convert vacant or city-owned land for neighborhood food plots and gardens. RECOMMENDATION/CONDITIONS Planning staff recommends approval of the Conditional Use Permit/Planned Development for a community garden as requested with the following conditions: 1. Community garden approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2. Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. 3. Applicant to provide an area away from mowed areas for rocks and stones. 4. Any changes to the garden plan must be approved through the Planning Services Division. 5. If a compost area is to be provided, it shall be placed in such a way as to be out of sight as much as possible and be enclosed to prevent rodents. Final design/placement to be approved by the Planning Services Division. 6. No permanent or temporary structures are permitted on site with the exception of fencing and composting structures. 7. Applicants will be required to develop rules and procedures for garden users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a. Community garden is to be used for recreational gardening and for personal or family use. Only off-site commercial sales are allowed. b. Participants may garden during daylight hours only. Participants may garden any day of the week. c. Gardeners are to supply their own tools, water cans, etc. and these items are not to be left on site. d. Pets are not allowed in the garden area, except for service animals. e. Unsupervised children are not allowed in the garden area. f. Smoking, alcohol, profanity, yelling, and loud music are prohibited. g. Gardeners are expected to keep the garden free of weeds. h. Small animals may be trapped but not poisoned. i. Any debris and trash, other than compost materials, will be removed from the site. j. Gardeners are responsible for end-of-season clean up and to leave soil as they found it at the beginning of the growing season. Gardeners will remove all non- plant material, including weed-block fabric, plastic pots, wire tomato cages, stakes,tools, etc. at the end of the season. k. Parking is not permitted on site. The Plan Commission approved of the conditional use permit/planned development as requested with conditions noted. The following is the Plan Commission's discussion on this item. Item —CUP/PD-Community Garden-Jefferson Street 3 Ms. Leslie presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in said area. She explained that these lots were a future redevelopment site owned by the City of Oshkosh Redevelopment Authority however there were no plans for redevelopment at this time. The community garden is being proposed as a temporary use of the site in the interim. She looked at other communities for reference and reviewed the site plan and conditions recommended for this request. Mr. Fojtik questioned how the garden use would be de-commissioned if redevelopment plans would surface for this area. Ms. Leslie responded that this approval was for one year only and would be potentially renewable on an annual basis but that would be at the discretion of the Oshkosh Redevelopment Authority. Mr. Thorns inquired who would be responsible for maintenance of the parcels such as mowing and trimming. Ms. Leslie replied that the University students that were applicants for this request would be responsible for the upkeep on the site as the RDA did not organize this effort. It will save the RDA money by not having to pay a contractor to maintain the properties and the community garden was a neighborhood association project. The users would also be responsible for weeding and maintenance of the garden area. Mr. Thorns then questioned who the users would be of the garden project and if parking was going to be an issue with residents on Jefferson Street. Ms. Leslie responded that the Near East Neighborhood and Middle Village Neighborhood citizens would be participating users of the site. She further stated that parking should not be an issue as on-street parking is allowed on one side of Jefferson Street and some of the users could walk to the site from their homes. Ms. Lohry voiced her concerns with vandalism issues. Ms. Leslie indicated that fencing would be installed in a few locations only as it would be cost prohibitive to fence the entire area. Mr. Thorns inquired if the City would have any liability issues with matters such as vandalism as they are the owners of the property. Ms. Leslie responded that the Oshkosh Redevelopment Authority will address the liability issues in their proceedings as it still requires approval from their board before it can proceed. A brochure will be sent out detailing the information to citizens participating in the project. Mr. Nollenberger arrived at 4:15 pm. Amber McCord, 332 Hudson Avenue, one of the petitioners for the project, stated she was present for any questions. Ms. Lohry inquired if she had previous experience with community gardens in the past. Item —CUP/PD-Community Garden-Jefferson Street 4 Ms. McCord responded she did not and added that a neighbor to the north of the site stated they would help watch the site to prevent vandalism. Motion by Lohry to approve the conditional use permit/planned development to allow for placement of a community garden on vacant parcels on the 600 block of Jefferson Street as requested with the following conditions: 1. Community garden approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2. Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. 3. Applicant to provide an area away from mowed areas for rocks and stones. 4. Any changes to the garden plan must be approved through the Planning Services Division. 5. If a compost area is to be provided, it shall be placed in such a way as to be out of sight as much as possible and be enclosed to prevent rodents. Final design/placement to be approved by the Planning Services Division. 6. No permanent or temporary structures are permitted on site with the exception of fencing and composting structures. 7. Applicants will be required to develop rules and procedures for garden users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a. Community garden is to be used for recreational gardening and for personal or family use. Only off-site commercial sales are allowed. b. Participants may garden during daylight hours only. Participants may garden any day of the week. c. Gardeners are to supply their own tools, water cans, etc. and these items are not to be left on site. d. Pets are not allowed in the garden area, except for service animals. e. Unsupervised children are not allowed in the garden area. f Smoking, alcohol,profanity, yelling, and loud music are prohibited. g. Gardeners are expected to keep the garden free of weeds. h. Small animals may be trapped but not poisoned. i. Any debris and trash, other than compost materials, will be removed from the site. j. Gardeners are responsible for end-of-season clean up and to leave soil as they found it at the beginning of the growing season. Gardeners will remove all non- plant material, including weed-block fabric, plastic pots, wire tomato cages, stakes, tools, etc. at the end of the season. k Parking is not permitted on site. Seconded by Cummings. 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'e_ , �� a � •�+ Aj •``* �� �I.■ �,ril - -A O =GM - 1212. i� ./.,,,,.4,,,, � ass � -� —T .• 4 ' - 1" "I •V l 3 Ed 11:1 Ill tra 111 ;:11111;i 11121 :1111 ICS li .� 4; ' = 1s ir,r,1 1 g■.n too�� ��I'r 11 '� 4.4‘ If 1 k;4`,/ r#,41 A a MI '" —-lic-■ T?-, . "4 11'7 : - I f 'ail 1141 11 11111: v� IIJ� ��ll`L'YI° KG's r �I �q,� t:�,►�1 Q L..1> W!�� rlfi�r "oft= !Ii!1J!!t!ki!! ® ._. a!mow ��lwl ; ....._llll i woriin■■. HOII !II maw NRD L� ins U/ - - �• •nul c•.. - , - • :lllll !!l/HIA�I rir: iiliti ,1�� -'1�. _r I /, � ���.i if .���lln►11'_r �"���•��rllUill��`� `''� ' :��IL !��/� lllll"11111111�� �_ � �r .. III �1► / 11 . 1 . >�� o I •fir °rlll/I/// c- �I Illl 1111 MTh ammo i vr � 7 r _3 ! `A �.�,,����lN/A Ill 11linIIM 11 1 Ilan C-3PDo I I .7; ° '•- ■ att P. DISCLAIMER (Iii.) This map is neither a legally recorded map nor COMMUNITY GARDEN a survey and it is not intended to be used as m one. N O,f HKO�H This drawing is a compilation of records,data 60 0 BLOCK JEFFERSON S T and information located in various city,county ON 111E WATER state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Department of s If discrepencies for any inaccuracies herein contained. If disrepencies are found,please contact the Community Development City of Oshkosh. Scale: 1" = 1000I Created by-dff 03/22/12 1 ' ,' - 0 ,',,,,..!.1r: '• TT •;�$ s t I ^` Wg-*WY ' J, _ +.M ..7''',.„,a,....-• ""a `,4.7-4041, .2y OM 'e,�3 } le**"."', ^ y y 3yYs . 4 ,,, :: 4'', it w a ....,..... - ........4...!..........„ ....._.__ ..., , . ----- .......,..,;-. .ci ,.,:,..,,t „„ ..! 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Scale: 1" = 100' 03/22/12 Created by-dff I