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HomeMy WebLinkAbout13. 14-331 JULY 22, 2014 14-331 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT FOR URBAN RENEWAL GREEN SPACE USAGE AT SOUTHEAST CORNER OF IDA AVENUE AND FRANKLIN STREET INITIATED BY: REDEVELOPMENT AUTHORITY, OWNER; MIDDLE VILLAGE NEIGHBORHOOD ASSOCIATION, PETITIONER REDEVELOPMENT AUTHORITY: Pending BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit/planned development to allow an urban renewal green space usage at the southeast corner of Ida Avenue and Franklin Street, per the attached, is hereby approved with the following conditions: 1) Urban Green Space 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, snow removal, and keeping the site orderly. Failure of the Neighborhood Association to properly maintain the lot may result in the conditional use permit being revoked. 3) Any changes to the green space plan must be approved by the Planning Services Division. 4) All landscaping must be outside of the vision triangle and must not exceed height requirements. 5) Final design of structures and landscaping to be approved by the Planning Services Division. 6) Base standard modification to allow substandard setback of the informational kiosk and play equipment as proposed. 7) Applicants will be required to develop rules and procedures for green space users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a) Urban green space is to be used for personal or family use. b) Urban green space must be used during daylight hours only any day of the week. c) Neighborhood Association must supply their own tools, water cans, etc. and these items are not to be left on site. d) Pets are not allowed in the green space area, except for service animals. JULY 22, 2014 14 -331 RESOLUTION CONT'D e) Any debris and trash, other than materials, will be removed from the site daily. f) Parking is not permitted on site. g) Urban green space shall be open for use by the general public. h) No user fees may be assessed for use of the urban green space. orHKOf H ON MF WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich, Director of Planning Services DATE: July 17, 2014 RE: Approve Conditional Use Permit/Planned Development for Urban Green Space Usage; Southeast Corner of Ida Avenue and Franklin Street - Middle Village Neighborhood Association BACKGROUND The subject site is .14 acre/6,161 square foot area located on the southeast corner of Franklin Street & Ida Avenue within the Middle Village Neighborhood between Franklin Street and Frederick Street. The area where the urban green space is being proposed consists of a vacant City of Oshkosh Redevelopment Authority parcel. The RDA acquired the parcel (formerly 628 Franklin Street) in 2012 after the home was razed due to fire damage. The general area is a mix of single and two family residential, commercial and institutional uses. ANALYSIS The proposed establishment of an urban green space is intended to provide a "park- like" environment and will allow for community building opportunities in the neighborhood, provide a safe space for children to play, and a location for neighborhood gatherings. This use of the vacant lot is identified as a goal within the Middle Village Neighborhood Plan which was approved by the Common Council and will consist of an open lawn play area, paved brick seating, a small play equipment structure, landscape beds, and informational kiosk with use limited to daylight hours only. The proposed improvements meet all bulk and dimensional requirements with the exception of the informational kiosk and play equipment area which will require a base standard modification as it will encroach into required setbacks however it will not cause any vision obstructions. The Middle Village Neighborhood Association held an event to receive input from residents and all were in favor of the concept and will continue to work with the landscape architect and Planning Services to finalize site design details. The green space will be maintained by the Neighborhood Association and funding will be requested through the City's Great Neighborhoods Program to complete site improvements. In the event the conditional use permit is revoked or the Neighborhood Association submits written notice they will no longer use or maintain the property, the use of the property will be reviewed by the Redevelopment Authority to determine the best continued use of the property. The use of the parcel as an urban green space will be assessed and approved by the RDA on an annual basis to determine if the continued use is consistent with the approved Middle Village Neighborhood Plan and the conditional use permit/planned development. FISCAL IMPACT The lot will continue to be owned by the Redevelopment Authority. The Neighborhood Association will be requesting funds through the Great Neighborhood's Program for the urban green space improvements. This request will require future Council action. RECOMMENDATION The Plan Commission approved of this request at its June 3, 2014 meeting. The Redevelopment Authority will take action on this request at its July 21, 2014 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT TO ALLOW FOR PLACEMENT OF AN URBAN GREEN SPACE LOCATED ON THE SOUTHEAST CORNER OF FRANKLIN STREET & IDA AVENUE Plan Commission meeting of June 3, 2014 GENERAL INFORMATION Applicant: Middle Village Neighborhood Association/Coordinator, Lori Palmeri Property Owner: City of Oshkosh Redevelopment Authority Action(s) Requested: The applicant is requesting two actions within this petition: A. Conditional Use Permit for urban green space use on a vacant parcel located at the southeast corner of Franklin Street & Ida Avenue; and B. Planned Development approval for development of an urban green space on a vacant parcel located at the southeast corner of Franklin Street & Ida Avenue. Applicable Ordinance Provisions: Urban green spaces 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. Property Location and Background Information: The subject site is .14 acre /6,161 square foot area located on the southeast corner of Franklin Street & Ida Avenue within the Middle Village Neighborhood between Franklin Street and Frederick Street. The area where the urban green space is being proposed consists of a vacant City of Oshkosh Redevelopment Authority parcel. The RDA acquired the parcel (formerly 628 Franklin Street) in 2012 after the home was razed due to fire damage. The general area is a mix of single and two family residential, commercial and institutional uses. Subject Site ExMing. Land 'Use Zonin Vacant Land R -2PD Adjacent Land Use and Zonin Existing'',Uses Land Use Zoning. North Single and. Two Family... Residential ................ ........... .. .._ ............... .- .- .- ._- .- ......_ .......................................... R- 2PD_ .............................. - .......... South Single and Two Family Residential R 2PD ................ ............. .............. East _......_... .......................................... Single and Two Family Residential ..........................._... .._...._... .... _ __.................................. R -2PD .... ...................- -..... West __..:..__. g.........._..._._._._......._................................._ ..........._............_............................................................_........................._.._................. Single and Two Family Residential ............... ...... ........... _ ............. ................ I R -2PD .. Com rehensive Plan Land :Use Recommendation Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The applicant is proposing to establish an urban green space intended to provide a "park- like" environment on the subject property. The urban green space will allow for additional community building opportunities in the neighborhood, which is a goal outlined by the Common Council for Oshkosh neighborhoods. The proposed use will also provide a safe space for children to play and a location to host neighborhood gatherings. Additionally, the use of the vacant lot as a neighborhood green space is identified as a goal within the Middle Village Neighborhood Plan which was approved by the Common Council on March 25, 2014 (Resolution 14 -233). The urban green space, as proposed, would consist of an open lawn play area, paved brick seating area, a small play equipment structure, landscape beds and informational kiosk. Use of the lot would be limited to daylight hours only and would be permitted any day of the week. The proposed improvements meet all bulk and dimensional requirements with the exception of the informational kiosk and play equipment area. The informational kiosk would be located approximately 3 feet from the property line, house information relevant to residents in the neighborhood and is intended to be used by pedestrians on the sidewalk and visitors to the green space. Staff recommends the proposed kiosk be no more than 6 feet high and 3 feet wide and is supportive of the proposed location based on its intended use, location outside of the vision triangle, and that it would not cause any vision obstructions. The proposed play equipment area would be located approximately 5 feet from the rear property line and 7.5 feet from the side property line. As proposed, the play equipment would encroach 20 feet into the rear yard setback and would require a base standard modification. Based on the size of the lot and the desire to maximize the lawn play area, staff feels the proposed location of the play equipment is appropriate. The urban green space will be maintained by the Neighborhood Association. Maintenance will include weeding, mowing, trimming, snow removal and keeping the site orderly. The Middle Village Neighborhood Association anticipates requesting funding through the City's Great Neighborhoods Program to complete site improvements. The use of the vacant parcel will be assessed and approved on a yearly basis by the RDA. If the RDA, as the owner, feels the applicant is not maintaining the site in a fashion that is compatible with the neighborhood, the urban green space may be terminated by the RDA. Item — CUP /PD -Urban Green Space -.SE corner of Franklin St. and Ida Ave. The Middle Village Neighborhood Association recently held an event and received input from residents regarding the urban green space use with the majority of the persons in attendance from the Middle Village Neighborhood. The group discussed proposed site design and potential issues related to the green space and all in attendance were in favor of the concept. The neighborhood will continue working with the landscape architect and Planning Services Division to finalize specific site design details. Staff agrees with the applicant that this would be a good use for the vacant parcel and is consistent with the approved Middle Village Neighborhood Plan. RECOMMENDATION /CONDITIONS Planning staff recommends approval of the Conditional Use Permit/Planned Development for an urban green space as requested with the following conditions: I. Urban Green Space 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, snow removal, and keeping the site orderly. 3. Any changes to the green space plan must be approved by the Planning Services Division. 4. All landscaping must be outside of the vision triangle and must not exceed height requirements. S. Final design of structures and landscaping to be approved by the Planning Services Division. 6. Base standard modification to allow substandard setback of the informational kiosk and play equipment as proposed. 7. Applicants will be required to develop rules and procedures for green space users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following: a. Urban green space is to be used for personal or family use. b. Urban green space must be used during daylight hours only any day of the week. c. Neighborhood Association must supply their own tools, water cans, etc. and these items are not to be left on site. d. Pets are not allowed in the green space area, except for service animals. e. Any debris and trash, other than materials, will be removed from the site daily. f. Parking is not permitted on site. The Plan Commission approved of the conditional use permit/planned development for an urban green space as requested with conditions noted. The following is the Plan Commission's discussion on this item. Ms. Williams presented the item and reviewed the site and surrounding area as well as the zoning classifications and land use in said area. She stated that the home on the site was razed due to fire damage and the establishment of the urban green space was to provide a "park- like" environment on the subject site as a community building concept. She reviewed the site plan for the proposed urban green space and reviewed examples of the informational kiosk and play equipment. As with Item — CUP /PD -Urban Green Space -.SE earner of Franklin St. and Ida Ave. the previous request, the urban green space was to be maintained by the Middle Village Neighborhood Association who will be requesting funding from the Great Neighborhoods Program to complete site improvements and will be reviewed annually by the RDA for approval of the continued use. Residents of the neighborhood are in support of the concept and staff discussed it with the neighbor to the south of the subject site and he was agreeable to the proposed use. She also reviewed the conditions recommended for this request. Lori Palmeri, 212 W. Parkway Avenue, stated that she was the coordinator for Middle Village Neighborhood Association and that the neighbors and she had "bumped up" this action to move it forward as it was an integral part of the Middle Village Neighborhood Plan and they would appreciate the support of the Plan Commission for this request. Erik May, 622 Franklin Street, stated that he was the resident to the south of the subject site and he felt the park was an excellent idea as the neighborhood had a large population of children in the area and he also thought that it may provide a method to prevent additional pedophiles being placed in the neighborhood. He did have some concerns with the maintenance of the site and with damage to his property and felt that a privacy fence along the property line in lieu of shrubbery or landscaping would help seclude the green space from his residence. Motion by TVajgrt to approve a conditional use permit /planned development to allow for placement of an urban green space located on the southeast corner of Franklin Street and lda Avenue with the following conditions: 1. Urban Green Space 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, snow removal, and keeping the site orderly, 3. Any changes to the green space plan must be approved by the Planning Services Division. 4. All landscaping must be outside of the vision triangle and must not exceed height requirements. 5. Final design of structures and landscaping to be approved by the Planning Services Division. 6. Base standard modification to allow substandard setback of the informational kiosk and play equipment as proposed. 7. Applicants will be required to develop rules and procedures for green space users. Rules will have final approval by the Planning Services Division. Rules and regulations must include, but are not limited to, the following-. a. Urban green space is to be used for personal or family use. b. Urban green space must be used during daylight hours only any day of the week. c. Neighborhood Association must supply their own tools, water cans, etc. and these items are not to be left on site. d. Pets are not allowed in the green space area, except for service animals. c. Any debris and trash, other than materials, will be removed from the site daily. f. Parking is not permitted on site. Seconded by Bowen. Item — CUPIPA -Urban Green Space4E corner of Franklin St. and Ida Ave. Mr. Fojtik questioned how the request would be handled regarding protection for the neighbor's home and the suggestion of utilizing privacy fencing instead of landscaping between the lots. Ms. Williams responded that the Middle Village Neighborhood Association will be working with a landscaping designer on the development of the site and the details could be worked out regarding the use of fencing and other concerns prior to moving forward with the proposed project. Motion carried 7 -0. Item — CUP/PD -Urban Green Space -SE corner of Franklin St and Ida Ave. 0 O.fHKO.fH ON THE WATER APPLICANT INFORMATION City of Oshkosh Application ® Planned Development Review ® Conditional Use Permit Review "PLEASE TYPE OR PRINT USING BLACK INK" SUBMIT TO: Dept. of Community Developmei 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Petitioner: Middle Villaae Neighborhood Association, Coordinator, Lori Palmeri Date: 5/7/14 Petitioner's Address. 212 W Parkwa Ave City: Oshkosh State: WI Zip: _54901 Telephone #: ( 920 ) 235 -1116 Fax: ( Other Contact # or Email: 1 aimeri549Q1 ,mail.com Status of Petitioner (Please Check): O Owner ❑ Representative © Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: OWNER INFORMATION Owner(s): Ci of Oshkosh Itedevelo meat Authorit Date: Owner(s) Address: 215 Church Avenue City: Oshkosh State: WI_ Zip. _54901_ Telephone #: (920) 23 6-5 05 5 Pax: ( Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ 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 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 INFORMATION Date: Address/Location of Proposed Project: Corner lot at Ida and Franklin Parcel No. 90703510000&907036'00000 Proposed Project Type: Neighborhood Pocket Park Current Use of Property: Vacant Zoning: R2PD Land Uses Surrounding Site: North: Residential South: Residential East: Residential West: Residential "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.oslikosh.wi.us/ Community _Development /Planning.htm )J Staff Date Reed Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands, This project is anticipated will have a positive effect by promoting healthy play and community building between neighbors. 2. Pedestrian and vehicular circulation and safety. This park is anticipated to help get children currently playing in streets redirected to a safer area for play. 3. Noise, air, water, or other forms of environmental pollution. This project anticipates mitigating storm water runoff by remaining a green space. 4, The demand for and availability of public services and facilities. Once completed, this park is anticipated to be maintained by neighbors thereby reducing demand for public services. S. Character and future development of the area. It is anticipated this park will become a permanent asset to the surrounding neighborhood and help attract and retain families to the neighborhood. SUBMITTA1, REOUMEMENTS — Must accompany the application to be complete. A NA- rZ4TIVE of the proposed conditional use/Development Plan including: ❑ Existing and proposed use of the property 4 ❑ Identification of all structures (including paving, signage, etc,) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers o Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Compatibility of the proposed use with adjacent and other properties in the area, • Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) • Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the community as a whole A complete RTE PLAN and BUILDING ELEVATIONS must includ e: • Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations • Two (2) 8 %" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations • One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) • Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers /survcyors /architects, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right -of -way lines with dimensions clearly labeled ❑ All required setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. 4 ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ Location and dimension of all on -site parking (and off-site parking provisions if they are to be employed), including, a summary of the number of parking stalls provided per the requirements of Section 3 0 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and arientation of all exterior lighting on the property including a photoznetrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to,14VAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc. 7 G� E-3 U O a p O O O C7 G _ fUR I any h -AjJPd 'M Z IZ JA SWojG lied is e° Cr Ie�7 F 0. tin =100 ft City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the roximate relative location of property. boundaries and other fealure from a variety of sources. Printing Date: 7116/2014 use map(s)ldatasets are provided for information purposes only and may not be sufficient or ropriate for legal, engineering, or surveying purposes, They are provided "AS -IS' without Prepared by: City of Oshkosh, til511 rarities of any kind and the City of Oshkosh assumes no liability for use or misuse. OfHKOfH ON THE WATER ru zi ' ww aw- EA ' N 1in=KO1Mi 1in=500 The City of Oshkosh creates and maintains GS maps and data for its own use, They may show the approximate relative location of property, boundaries and other feature from ~ variety of sources. ~ RinhngDa�:lM6�O14 l» � mwNe for information purposes only and may nmuo ooKue�m Of HK0_fH appropriate for kego|, eoy|n=rim, or xmvoyixo purposes, They are provided 'AS-IS" whhv* | Prepared by: O�ofOuhkoxh yV| | ON THE WATER �ea/�n�mo/unykindoodthncxy�{*hh�ha�umn,nn!��i�f��o�mi,uv°. ' CUP /PD- POCKET PARK JOHN J KALOUS THOMAS.N RUSCH FRANKLIN ST & IDA AV 238 IDA AVE 3807 STATE ROAD 21 A PC: 06 -03 -14 OSHKOSH WI 54901 -4459 OSHKOSH WI 54904 -9323 GOLD STAR INVESTMENTS LLC PO BOX 2811 OSHKOSH WI 54903 --2811 CITY OF OSHKOSH REDEVELOPMENT AUTHORITY PO BOX 1130 OSHKOSH WI 54903 -1130 JOHN K WADZINSKI 621 FREDERICK ST OSHKOSH WI 54901 -4425 THOMAS KAUFMANN 567 STATE ROAD 26 OSHKOSH WI 54904 -9063 MIDDLE VILLAGE NEIGHBORHOOD ASSOC -LORI PALMERI 212 W PARKWAY AV OSHKOSH WI 54901 ERIK MAY 622 FRANKLIN ST OSHKOSH WI 54901 -4341 JEREMY J LOFTON 627 FREDERICK ST OSHKOSH WI 54901 -4425 MATTHEW S /MOLLY A JERGER 625 FRANKLIN ST OSHKOSH WI 54901 -4340 ULTIMATE PROPERTIES LLC PO BOX 190 WINNECONNE WI 54986 -0190