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HomeMy WebLinkAbout03. 12-74 FEBRUARY 26, 2013 13-74 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REZONING 1820 VINLAND STREET FROM R-1 SINGLE FAMILY TO C-1 NEIGHBORHOOD BUSINESS INITIATED BY: HAROLD & MARCELLA EICHSTADT PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-16 (B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30-16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the property at 1820 Vinland Street from R-1 Single Family Family to C-1 Neighborhood Business. The North 170 ft. of the South 290 ft. of the SW 1/4 of the SE 1/4, Section 11-18-16, 12th Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right-of-way abutting said lot extending to the centerline of Vinland Street and Walnut Street. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #13-xxx APPROVE REZONING 1820 VINLAND STREET FROM R- 1 SINGLE FAMILY TO C-1 NEIGHBORHOOD BUSINESS on March 12, 2013. 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. 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They are provided "AS-s" without Prepared by: City of Oshkosh, WI ON THE warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. JAGIS\GIS_Base_Maps\Planning Base Map mad User darleneb OJHIWJH OR THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: February 21, 2013 RE: Approve Rezoning 1820 Vinland Street from R-1 Single Family to C-1 Neighborhood Business (Plan Commission recommends approval) BACKGROUND The property included within this rezoning request is located at 1820 Vinland Street and is 170 feet wide by approximately 265 feet deep (approximately 1.1 acres/48,000 square feet) and contains a single-family home and detached garage. It is approximately 120 feet north of the Vinland StreetNVest Murdock Avenue intersection and is bound by single family homes to the north and west (across Vinland), single-family residential to the south and 28 unit Assisted Living Facility to the east (across unimproved Walnut Street). ANALYSIS The purpose of rezoning is to allow the applicant to combine it with the adjacent lot to the south at 1804 Vinland Street and apply for a conditional use permit to develop the third phase of a community based residential facility complex for frail elderly and disabled adults. The Comprehensive Plan Land Use map identifies this area as appropriate for residential use however the C-1 Neighborhood Business District zoning designation is appropriate for this property as it permits the residential uses while also allowing limited "residentially sensitive" commercial uses such as this assisted living development. Code requirements such as transitional yards and screening of higher intensity uses from the residential uses provides further safeguards that any future use on the site will not be detrimental to the neighboring residences. The rezoning of this property is also consistent with the zoning designation of the other assisted living establishments along West Murdock Avenue of which this development is proposed to be the third phase of three facilities. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its February 5, 2013 meeting. Approved, City Manager ITEM: ZONE CHANGE FROM R-1 SINGLE FAMILY RESIDENCE DISTRICT TO C-1 NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY LOCATED AT 1820 VINLAND STREET Plan Commission meeting of February 5, 2013 GENERAL INFORMATION Applicant: John Davel, Davel Engineering, Inc. Owner: Harold and Marcella Eichstadt Rev Trust Action(s) Requested: Zone change from R-1 Single Family Residence District to C-1 Neighborhood Business District to allow a Conditional Use request for the development of the third of three assisted living/residential care facilities. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan, redevelopment plans and modern planning principles. Property Location and Background Information: The property included within this rezoning request is located at 1820 Vinland Street and is 170 feet wide by approximately 265 feet deep (approximately 1.1 acres/48,000 square feet) and contains a single-family home and detached garage. It is approximately 120 feet north of the Vinland Street/West Murdock Avenue intersection and is bound by single family homes to the north and west(across Vinland), single-family residential to the south and 28 unit Assisted Living Facility to the east(across unimproved Walnut Street). Subject Site Existing Land Use Zoning Single-Family Home R-1 Adjacent Land Use and Zoning Existing Uses Zoning NorthSingle-Family Residences......._......._..........................................................._.-._....._._....._._....._................._._.._...._......_._R-1......................._._._..._... ._.............._._._..__......_..........._.. South__..........._Single-Family Residence ..........................................._..........__._.._........_.........._. Multiple Family Assisted Living Facility (across C-1 East unimproved Walnut Street)_._...._._...._.......................... West Single-Family Residences (across Vinland Street) R-1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The purpose of rezoning is to allow the applicant to combine it with the adjacent lot to the south at 1804 Vinland Street and apply for a Conditional Use Permit to develop the third phase of a community based residential facility complex for frail elderly and disabled adults, which is also up for action on this agenda. The Comprehensive Plan Land Use Map identifies this area as appropriate for residential use and a zone change to the Neighborhood Business District zoning is being requested. The C-1 Neighborhood Business District zoning designation is an appropriate zoning designation for this property as it permits the Comprehensive Plan's residential uses recommendation while also allowing limited"residentially sensitive" commercial uses such as smaller scale retail/office and in this case an assisted living development. Other code requirements such as transitional yards and screening of higher intensity uses from the lower intensity residential uses provide further safeguards that any future use on the lot will not be detrimental to the neighboring residences. Furthermore, the rezoning of this property to neighborhood business zoning is consistent with the zoning designation of the other assisted living establishments along West Murdock Avenue that it is proposed to be a piece and part of. RECOMMENDATION Staff recommends approval of the zone change from R-1 Single Family Residence District to C-1 Neighborhood Business District as requested. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. The above two items were presented together as the zone change and conditional use permit are integrated as the conditional use permit is contingent upon approval of the zone change. Mr. Bowen arrived at 4:04 pm. Mr. Buck presented the items and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. He stated that the proposal is consistent with the Comprehensive Plan with the approval of the conditional use permit and reviewed the site plan and elevations for the development. He discussed pedestrian walkways, fencing,patio area and public sidewalks and reviewed the conditions recommended for this request noting that condition#6 had been added since the staff reports were mailed allowing a base standard modification for the at-grade patio placement. Mr. Thorns questioned if there was any intent to extend Walnut Street out to W. Murdock Avenue. Mr. Buck responded that there was not at this time however it was still City right-of-way. Mr. Burich added that the petitioner was not requesting that the City vacate this right-of-way area. Mr. Thorns also questioned if the drive access on Vinland Street was far enough back from the intersection of Murdock Avenue and if it had sufficient width. Mr. Buck responded affirmatively to both inquiries. Item-Rezone 1820 Vinland 2 Mr. Thorns stated that the condition relating to the fence or landscape element on the north side of the development does not provide a height and length requirement of the fencing to be installed. Mr. Buck indicated that since the fence or landscape element was meant to serve as a screening feature between this development and the residential use to the north, staffs intent was to cover the entire area. He did note that the fence could be no more than six feet high and would be required to drop down to no more than four feet prior to reaching the drive access. Mr. Thorns commented that he felt condition#3 should be amended to include that the fence would be a minimum of six feet high and extend as far as the property is allowed. Ms. Lohry stated that she did not like the parking lot located in the front of the building in a gateway to a residential area and that it would be more aesthetically pleasing if the parking was located in the rear of the development. Mr. Bowen questioned under what circumstance Walnut Street would be constructed to extend to Murdock Avenue. Mr. Buck responded that the city had no plans to extend it unless the residents in the area requested it. Steve Gohde, Assistant Director of Public Works, added that construction of Walnut Street was not likely in the near future and unless fire access or traffic flow demanded it, the only other factor was if utilities needed to be placed there. Mr. Bowen commented that with the vacating of Walnut Street, the site plan could be reconfigured as he did not like to orient the parking lot near the residential uses in the area. Mr. Buck replied that the first set of plans for the development had the facility oriented in the same fashion as the other two complexes however due to the utilities in the Walnut Street area, construction could not be placed there and the site plans had to be reconfigured. Mr. Gohde added that discussion also took place regarding the cul-de-sac bulb that would have to be constructed at the terminus of Walnut Street, if vacated, which would take up too much of the buildable area. Tom Schertz, 1832 Vinland Street, stated that he was concerned with water issues from the drainage for this development and did want a six foot fence along the property line however he did not want a chain link fence. He further stated that shrubs would be great along the property line and he also had concerns about his sump pump line in front of his house as it extends from his house into the front of 1820 Vinland Street and he does not want it damaged during this development. He stated he had an agreement with the property owner of 1820 Vinland Street to allow his sump pump to come through their property and run out to the street from that point. He also commented that he was not happy with the refuse enclosure in the front of the property and questioned if his taxes would decrease due to the commercial use adjacent to his parcel. Steven Schwoerer, City Assessor, responded that the property taxes should not be affected by this development as it is not an intensive use and the value of Mr. Schertz's property should not decrease. Sue Schertz, 1832 Vinland Street, commented that they bought their property next to residential uses and feels that the property will be de-valuated due to this development. She further stated that she would prefer Item-Rezone 1820 Vinland ;3 a solid wood fence along the property line and she had concerns as well about the drainage from this development flowing onto their property. Torn Schertz added that the parking lot area was going to cause runoff onto their lot and they will also be losing a large amount of trees that are currently on the two parcels. Mr. Thorns inquired if the storm water runoff would need to be controlled and maintained on the development site. Mr. Burich responded the storm water runoff should not be an issue as storm water management and grading plans would be required to be submitted and approved by the Department of Public Works and any storm water has to be contained within the development parcel. Mr. Thorns then questioned the issue of Mr. Schertz's sump pump draining through the property at 1820 Vinland Street. Mr. Burich indicated that this was a legal matter and he could check with the City Attorney however it appears to be an issue between the two property owners. Mr. Thorns reiterated that condition#3 should be amended to address the fence be six feet in height. Mr. Buck questioned if the Commission was requesting a solid fence only and no landscaping screening element. Mr. Hinz responded that the amendment was to address that the screening be a minimum of six feet in height and noted that the conditions are related to Item IB only. Motion by Nollenberger to approve the zone change from R-1 Single Family Residence District to C- 1 Neighborhood Business District for property located at 1820 Vinland Street. Seconded by Vajgrt. Motion carried 9-0. Item-Rezone 1820 Vinland 4 rat City of Oshkosh Planning Services REZONING 215 Church Avenue PO Box 1130 Oshkosh,WI 54903-1130 OJHKOIH APPLICATION 920-236-5059 ON 1NE MAZER P..ropertyand Project Information k* y Property Address: 1820 Vinland Street Parcel Number: 91219320300 Existing Zone District R-1 Lot Size Frontage: 170 ft. Depth: 265 ft. Area: 1'03 Acres/Sq Ft 0 Rectangle C Irregular Comprehensive Plan Future Land Use Map Designation R-1 Current use of property Single Family Residence Proposed use of property Assisted Living/ Residential Care Facility Proposed Zone District C"1 Legal Description (to be provided in digital form, MS Word format) Will a Conditional Use Permit be required? CYes []No CDon't Know ,A,pplicant`lniormat'lon _ #' � _ 1. Applicant Identify the person or organization requesting the zone change: Name Harold & Marcella Eichstadt Eeit Phone 960-A3/-50 /3 Organization q �j Business Phone Mailing Address !Sap 4/I R k/Lu s+ Fax City h dt State (3)! Zips Q tO E-Mail 2. Applicant Interest The applicant must have a legal interest in the subject property: ✓ Property Owner []Purchaser by Option or Purchase Agreement ElPurchaser by Land Contract []Lessee/Tenant 3. Property Owner if Check here if Applicant is also Property Owner Identify the person or organization that owns the subject property: - Name 0106 z° if Wadi-f Celt Phone 9(10 d 3/ S'// 5 Organization Business iness Phone Mailing Addr esss )a O k lAd Fax City 041(0q1 State 6..) Zip5 q IQ 1E-mail Page 2 of 7 9/14/2011 5 Required Application Attachments n r ®1.Need for Zone Change Written description of why the zone change is needed,and how the proposed zone district will meet the needs of the development. © 2.Project Description Written description of the proposed site and/or building layout,building and structure design information, floor plans,parking calculations,current environmental conditions,and other pertinent information. © 3.Site Plans,Building Elevations,Floor Plans,and Landscape Plans If Planned Development approval is being requested concurrently with the zone change request, enclose the site plans,building elevations,floor plans,and landscape plans required on the Site Plan Review Checklist. © 4.Conditional Use Permit Application(if necessary) If applicable,include a completed Conditional Use Permit application with the zone change submittal. ❑5.Planned Development Application(if necessary) If applicable,include a completed Planned Development Application with the zone change submittal. 3tegnest-and Affidavit F =;`x The applicant must read the following statement carefully and sign below: The undersigned requests that the City of Oshkosh review this application and related required documents and site plans.The applicant further affirms and acknowledges the following: ®That the applicant has a legal interest in the property described in this application. Q That the answers and statements contained in this application and enclosures are in all respects true and correct to the best of his,her,or their knowledge. IN That the approval of this application does not relieve the undersigned from compliance with all other provisions of the Zoning Ordinance or other codes or statutes,and does not constitute the granting of a variance. ©That the applicant will comply with any and all conditions imposed in granting an approval of this application. in If also the owner,the applicant grants the City of Oshkosh staff,Plan Commission,and Common Council the right to access the subject property for the sole purpose of evaluating the application. I - / 3 -/ 3 Applicant Signature Date Applicant Signature Date If the applicant is not the property owner,the property owner must read and sign below: The undersigned affirms and acknowledges that he,she or they are the owner(s)of the property described in this application,and: © Is/are aware of the contents of this application and related enclosures. ®Authorizes the applicant to submit this application and represent the undersigned in the matter of being reviewed by the City of Oshkosh. © Grants the City of Oshkosh staff,Plan Commission,and Common Council the right to access the subject property for the sole purpose of evaluating the application. Property Owner Signature Date Property Owner Signature Date Page 3 of 7 9/14/2011 City of Oshkosh Planning Services 4.1i) 215 Church Avenue PO Box 1130 OfHKOIH REZONING Oshkosh,WI 54903-1130 920-236-5059 °H TME WRIER REVIEW STANDARDS . The Plan Commission and the Common Council may consider whether the proposed zone change meets the following standards: `Standard#1 Comprehensive Plan/Zoning Ordinance A. Explain how the proposed zone district designation is consistent with the purpose and intent of the City's Comprehensive Plan, including the Future Land Use Map. The proposed zone district is consistent with existing and future zone designations with land parcel to the South and East. B. Explain how the proposed zone district will further the themes and objectives of the City's Comprehensive Plan,as well as any relevant adopted area redevelopment plans. The proposed zone district will be a continuation of existing zoning to the South and East. The proposed use is assisted livingkesidential care, which is the current land use to the East. Standard#l2 Public Facilities A. Describe how adequate public facilities already exist or will be provided at no additional public cost,and will safeguard the health,safety,morals and general welfare of the public. Adequate sewer and water facilities and other public utilities already exist and are adjacent to the site. B. Explain how the proposed zone district will not be detrimental to the financial stability and economic welfare of the city. The assisted living/residential care facility will be privately funded and will not require financial assistance from the City. Standard#5 Other Describe how the proposed zone district is consistent with the trend of development in the neighborhood,or the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted or amended. The character of the development is residential,which Is compatible with adjacent uses on three sides. Page 4 of 7 9/14/2011 7 Rezoning Narrative 1820 Vinland Street Rezoning of 1820 Vinland is needed for the proposed development of a 33 unit/ 37 bed Community Based Residential Facilities (C.B.R.F.'s) on the properties of 1804 and 1820 Vinland Street, Oshkosh. The properties currently have existing residential homes with a zoning of R-1 and C-1, surrounded by zoning of R-1 to the north and west, C-1 to the east, and R-2 to the south. The facility would be approximately 27,709 Square feet built on the eastern section of the property with access and parking adjacent to Vinland Street. The compatibility of these homes to adjacent properties would be a natural flow from commercial to residential. The homes would be aesthetically pleasing with brick or stone exterior wrapping a portion of the front and a canopy hosting the entrance consistent with the neighboring CBRF's to the east. Parking of approximately 16 spaces would be along Vinland Street, adequate for the peak staffing of 8 and resident families. The balance of the 1.77 acres would be completely landscaped,with an attempt to conserve as many large trees as possible. Century Oaks will be providing a home for the elderly and for disabled adults. The homes will be staffed 24/7, and the noise levels would be at a comfortable or quiet level. Although the traffic to and from Century Oaks would be minor Century Oaks is proposing an entrance on Vinland Street to maintain safety and traffic flow. REZONE/CUP-ASSISTED LIVING SAMMONS REV TRUST BRUCE SCHERTZ THOMAS A/SUSAN K M/ROSEMARY FACILITY 1832 VINLAND ST 522 W MURDOCK AVE 1804 & 1820 VINLAND ST OSHKOSH WI 54901 2298 OSHKOSH WI 54901 2245 PC: 02-05-13 ALLEN/ANGELA N MERRILL EICHSTADT. 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