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HomeMy WebLinkAbout14. 14-332 JULY 22, 2014 14-332 RESOLUTION (CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT/PLANNED DEVELOPMENT TO ALLOW COMMUNITY GARDEN AT NORTHEAST CORNER OF CENTRAL STREET AND WEST PARKWAY AVENUE INITIATED BY: REDEVELOPMENT AUTHORITY, OWNER; MIDDLE VILLAGE NEIGHBORDHOOD ASSOCIATION, PETITIONER PLAN COMMISSION RECOMMENDATION: 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 at the Northeast corner of Central Street and West Parkway Avenue, 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) Base standard modification to allow substandard setback of the greenhouse/shed and neighborhood identification signage as proposed. 1) Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. Failure of the Neighborhood Association to properly maintain the lot may result in the conditional use permit being revoked. 3) Any changes to the garden plan must be approved through the Planning Services Division. 4) 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. 5) Final design of structures, signage and landscaping to be approved by the Planning Services Division. 6) 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. 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. JULY 22, 2014 14 -332 RESOLUTION CONT'D e) f) g) h) Any debris and trash, other than compost materials, will be removed from the site daily. 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. Parking is not permitted on site. No user fees may be assessed for use of the community garden. ON O.fHKOfH ON ME 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 Community Garden at Northeast Corner of Central Street & West Parkway Avenue - Middle Village Neighborhood Association BACKGROUND The subject site is .05 acre/2,324 square foot area located on the northeast corner of Central Street & W. Parkway Avenue between Central Street and Division Street within the Middle Village Neighborhood. The area where the garden is being proposed consists of a vacant City of Oshkosh Redevelopment Authority parcel. The RDA acquired the parcel and demolished the vacant home (formerly 118 W. Parkway Avenue) in 2011 using grant funding awarded through the State of Wisconsin Blight Elimination Program. The general area is a mix of single, two and multi - family residential, commercial and churches. ANALYSIS The community garden proposed to be established is intended to provide an opportunity for community building in the neighborhood, provide an option to grow produce for residents without available garden space and to provide teaching opportunities for children. The use of this vacant lot as a community garden is identified as a goal within the Middle Village Neighborhood Plan which was approved by the Common Council and will include raised beds, a paved brick pathway and a greenhouse with an attached storage shed with use limited to daylight hours only. The proposed improvements meet all bulk and dimensional requirements with the exception of the location of the greenhouse structure and neighborhood identification sign which will require base standard modifications to encroach into the required side and rear yard setbacks. 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 area will be maintained by the Neighborhood Association and funding through the City's Great Neighborhood's Program will be requested for 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 vacant parcel will be assessed and approved by the RDA on an annual basis. In staff discussions after the Plan Commission meeting, staff is recommending that additional conditions be placed on the conditional use permit. These include that no user fees may be assessed for use of the community gardens and failure of the Neighborhood Association to properly maintain the lot may result in the conditional use permit being revoked. 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 community garden 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 A COMMUNITY GARDEN LOCATED ON THE NORTHEAST CORNER OF CENTRAL STREET & WEST PARKWAY 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 a community garden use on a vacant parcel located at the northeast corner of Central Street & W. Parkway Avenue; and B. Planned Development approval for placement of a community garden on a vacant parcel located at the northeast corner of Central Street & W. Parkway Avenue. 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. Property Location and Background Information: The subject site is .05 acre /2,324 square foot area located on the northeast corner of Central Street & W. Parkway Avenue between Central Street and Division Street within the Middle Village Neighborhood. The area where the garden is being proposed consists of a vacant City of Oshkosh Redevelopment Authority parcel. The RDA acquired the parcel and demolished the vacant home (formerly 118 W. Parkway Avenue) in 2011 using grant funding awarded through the State of Wisconsin Blight Elimination Program. The general area is a mix of single, two and multi- family residential, commercial and churches. Subject Site Exhtin Land Use Zoning Vacant Land R -2PD Adiacent Land Use and Zonin Existin ''Uses '' 10 Year Land Use Recommendation Zonin North Single Family Residential ......... _... __. _ R -2PD _, .... _ ._.. _.._. .. -.-..-... South _.-. Single_ and Two. Family., Residential..:.._.........._.__ ... ............................_R - 2PD._.._._.._. ....._......................... ........................ ...................... East....... ... _ ............. _.............................._..............................._......._._..._.._._.................._........._.......__.... ._....._.........._............ Family., Residential R -2PD Comprehensive Plan Land'Ilse Recommendation . . Land Use . . 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The applicant is proposing to establish a community garden on the subject property. The garden is intended to provide an opportunity for community building in the neighborhood, which is a goal outlined by the Common Council for Oshkosh neighborhoods. The proposed garden will also provide an option to grow fresh produce for residents who may not have available garden space and provide teaching opportunities for children in the area. Additionally, the use of the vacant lot as a community garden 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 community garden, as proposed, would include raised garden beds, a paved brick pathway and a greenhouse with an attached storage shed. The applicant is also requesting additional lighting and neighborhood identification signage be placed on the site. The garden will have rain barrels as a water source utilizing water runoff from the proposed green house /shed structure. 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 location of the green house structure and neighborhood identification signage. The proposed signage location will be approximately 10 feet from the sidewalk and would encroach 15 feet into setback. The proposed green house structure will be 3 feet from the side and rear property and would encroach 22 feet and 4.5 feet into the rear and side yard setbacks respectively. Based on the small lot size and existing 8 foot setback of surrounding residential properties staff believes the proposed green house /shed and signage locations are appropriate, are outside of the vision triangle, and will not cause any vision obstructions. The Middle Village Neighborhood Association recently held an event and received input from residents regarding the community garden 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 garden 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. The garden and other areas not used for the garden 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. Item — CUP /PD- Community Garden -NE corner of Central St. and W. Parkway Ave. 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 garden project may be terminated by the RDA. Staff agrees with the applicant that this would be a good use for the °vacant parcel and is consistent with the Middle Village Neighborhood Plan. The City of Oshkosh Sustainability Plan encourages the creation of community gardens and for 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. Any changes to the garden plan must be approved through the Planning Services Division. 4. 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. 5. Final design of structures, signage and landscaping to be approved by the Planning Services Division. 6. 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. 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. Any debris and trash, other than compost materials, will be removed from the site daily. f. 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. g. Parking is not permitted on site. The Plan Commission approved of the conditional use permit /planned development for a community garden 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 was demolished in 201 land the Item — CUP /PD- Community Garden -NE eorner of Central St and W. Parkway Ave. land was vacant and owned by the City of Oshkosh Redevelopment Authority (RDA). The Middle Village Neighborhood Association was proposing to establish a community garden on the site and reviewed photos of the site's existing condition as well as the proposed site plan for the community garden. The garden area was to be used by residents and was identified as a goal within the Middle Village Neighborhood Plan which was approved by the Common Council in March of 2014. She discussed the proposed signage and greenhouse structure to be placed on the site and that the subject site was to be maintained by the Middle Village Neighborhood Association who will be requesting funding from the Great Neighborhoods Program to complete site improvements. This community garden use will be reviewed annually by the RDA for approval of the continued use and she reviewed photos of the site design concept. She also stated that this use was consistent with the Middle Village Neighborhood Plan and reviewed the conditions for this request which included one additional condition that was not included in the staff report that required a base standard modification for a substandard setback for the greenhouse and signage placement. Mr. Hinz arrived at 4:10 pm. Mr. Fojtik questioned if these conditions were standard for any community garden use. Ms. Williams responded affirmatively and stated that they were the same conditions that were recommended for the Jefferson Street community garden that received approval a few years ago. Tony Palmeri, 212 W. Parkway Avenue, stated that the Plan Commission recently approved the Middle Village Neighborhood Plan and both this request and the following one were core to this plan. He felt the neighborhood residents would do a good job of maintaining the site and stated that the Jefferson Street site was very popular. He was looking forward to the support of the Plan Commission for these two requests. Motion by Vajgrt to approve a conditional use permit /planned development to allow for placement of a community garden located on the northeast corner of Central Street and W. Parkway Avenue with the following revised conditions: 1. Community garden approval is contingent upon City of Oshkosh Redevelopment Authority approval and will be required on a yearly basis. 2. Base standard modification to allow substandard setback of the greenhouse /shed and neighborhood identification signage as proposed. 3. Applicant is responsible for maintenance of the subject site including mowing, trimming, weeding and keeping the site as orderly as possible. 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. Final design of structures, signage and landscaping to be approved by the Planning Services Division. 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: Item — CUP /PD- Community Garden -N,E corfier of Central & and W. Parinvay Ave. 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. 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. Any debris and trash, other than compost materials, will be removed from the site daily. f. 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. g. Parking is not permitted on site. Seconded by Lowry. Mr. Nollenberger commented that he felt this was a fabulous idea. Mr. Hinz questioned if the additional condition needed to be addressed separately. Mr. Fojtik responded that the revised conditions were included in the original motion. Motion carried 7 -0. Item -- CUP /PD- Community Gordmi -NE corner of Central St and W. Parkway Ave. 0 n rNKn n-i UN IML Mlt�H 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 Village Neighborhood Association, Coordinator, Lori Palmeri Date: 5/7/14 Petitioner's Address: 212 W Parkway Ave City: Oshkosh State: WI Zip: 549D1 Telephone #. ( 920 ) 235 -1116 Fax: ( Other Contact # or Email: _Ipalmeri54901{cnail.corn States of Petitioner (Please Check): ❑ Owner ❑ Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): OWNER INFORMATION Date: Owner(s): City of Oshkosh Redev_eIopment Authori Date: Owner(s) Address: 215 Church Avenue City: Oshkosh State: WI Zip: _54901 Telephone ##: 920 236 -5055 Fax: ( ) 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 Central and Parkway Parcel No. 90703830000 Proposed Project Type: Neighborhood Community Garden Current Use of Property: Vacant (construction storage temporary) 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. i Application fees are due at time of submittal. Mahe 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.ci.oshkosh.wi,us/ Community _Development /Planning,htm {�r�►� Staff p Date Rec'd f 1, 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 community building between neighbors. 2. Pedestrian and vehicular circulation and safety. This community garden 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 garden is anticipated to be maintained by neighbors thereby reducing demand for public services. 5. Character and future development of the area. It is anticipated this garden will become a permanent asset to the surrounding neighborhood and help attract and retain families to the neighborhood. SUBMITTAL, REQUIREMENTS — Must accompany the application to be complete. ➢ A NARRATIVE of the proposed conditional use/Development Plan including: ❑ Existing and proposed use of the property ❑ 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 ❑ 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 SITE PLAN and B UILDING ELEVATIONS must include: ❑ 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 I V 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 /surveyors /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. ❑ 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 ofd site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh .Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics 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; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc. 2 7 ^ s es u g '�f(,z $i anyharnjsej 'Ni BIZ zn� 5a fi « i :; g sueld i CUP /PD- COMMUNITY GARDEN MINT PROPERTIES LLC PAUL R /SHERRI GETCHEL CENTRAL ST & PARKWAY AV 1990 IRISH RD 4466 HARBOR VILLAGE DR PC: 06 -03 -14 NEENAH WI 54956 -8924 OMRO WI 54963 -9499 CITY OF OSHKOSH REDEVELOPMENT AUTHORITY PO BOX 1130 OSHKOSH WI 54903 -1130 SCOTT D /JILL M SMITH 1919 WALLINFORD CIR SUN PRAIRIE WI 53590 -3501 DAVID W MCCLONE 1317 WAUG00 AVE OSHKOSH WI 54901 -5324 JAMES /SHARON ENGLUND 3368 ISAAC LN OSHKOSH WI 54902 -7396 ROBERT ERDMAN 119 W PARKWAY AVE OSHKOSH WI 54901 --4433 MIDDLE VILLAGE NEIGHBORHOOD ASSOC -LORI PALMERI 212 W PARKWAY AV OSHKOSH WI 54901 9 N 1 in 0.01 Mi 1 in - 50 ft The City of Oshkosh creates and maintains GIS maps and data for its own use, They may show the approximate relative Iocatlon of property, boundaries and other feature from a variety of sources. Printing Date: 512012U1 f - ���JH These map(s)ldatasats are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "AS -IS" without ON THE WATER warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. Prepared by: City ofstlkosh; WI r eEn3iny ne i �e3innission one rian ivrap iempioLtairian .orRinisson ane rian map iempiaia.mm User deborahf fy �11 The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative location of property, boundaries and other feature from a variety of sources. These map (s)Idatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided "M -IS` without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:SRMPlanninmPlan Commission Site Plan Yap iemplatoplan Commission site Plan Map Terrplate.mxd 1 in= 0.19mi 1 in =1,000 ft Printing Date: 511912014 Prepared by: City of Oshkosh, X11 OfHKOfH ON 711E WATEA User; deborG Mentf Kk J:IGIS1PlanninglPlar, Commission Site Plan Map TemplalmPlan Commission Site Plan blap Template.mxd User: deborrahf f a .f� l in�40ff The City of Oshkosh creates and maintains GIS maps and data for its own nss, They may show the — —�-- --- approximate relative location of property, boundaries and other feature from a variety of sources. Prinfinp Date: 511912014 o f -- ��J --� These map(s)Idatasets are provided for information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are provided 'AS-IS' without Prepared by: City of Oshkosh; WJ UN 7HE WARR warranties of any kind and the City of Oshkosh assumes no liability for use or misuse. J:IGIS1PlanninglPlar, Commission Site Plan Map TemplalmPlan Commission Site Plan blap Template.mxd User: deborrahf