HomeMy WebLinkAbout01. 16-276JUNE 14, 2016 16 -276 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE ZONE CHANGE / EVERGREEN RETIREMENT
COMMUNITY FROM R -1 SINGLE FAMILY RESIDENCE TO R -1 PD
SINGLE FAMILY RESIDENCE WITH A PLANNED DEVELOPMENT
OVERLAY; 1000 -1100 BLOCKS OF NORTH WESTFIELD STREET
AND 1100 -1200 BLOCKS OF NORTH EAGLE STREET
INITIATED BY: EVERGREEN RETIREMENT COMMUNITY, INC.
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 following properties described from R -1 Single Family Residence
to R -1 PD Single Family Residence with a Planned Development Overlay.
1130 North Westfield Street LOT 1 Certified Survey Map 6739 Register of Deeds
#1640219, 16th ward, City of Oshkosh;
1140 North Eagle Street LOT 2 Certified Survey Map 6739 Register of Deeds #1640219,
16th ward, City of Oshkosh;
1000 North Westfield Street LOT 3 Certified Survey Map 6739 ROD D #1640219; 16th
ward, City of Oshkosh;
1095 North Westfield Street West 160 feet of east 220 feet of Lot 3 lying northerly of North
Westfield Street excluding the north 95 feet thereof McMillens replat and tract A, Certified
Survey Map 136 Register of Deeds document #478346, 16th ward, City of Oshkosh;
1204 North Eagle Street south 70 feet of Lots 5, 6 & 7 Block O, Riverside Lawn Addition,
16th ward, City of Oshkosh;
1220 North Eagle Street Lot 3 Block O, Riverside Lawn Addition, 16th ward, City of
Oshkosh.
Plus public right of way abutting said lots extending to the center lines of North Westfield
Street, Hawk Street, and North Eagle Street.
JUNE 14, 2016 16 -276 ORDINANCE
FIRST READING CONTD
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 #16 -xxx APPROVE ZONE CHANGE/ EVERGREEN RETIREMENT
COMMUNITY FROM R -1 SINGLE FAMILY RESIDENCE TO R -1 PD SINGLE FAMILY
RESIDENCE WITH A PLANNED DEVELOPMENT OVERLAY; 1000 -1100 BLOCKS OF
NORTH WESTFIELD STREET AND 1100 -1200 BLOCKS OF NORTH EAGLE STREET
on June 28, 2016. This Ordinance changes the zoning designation on a portion of the
Evergreen Retirement Community from R -1 Single Family Residence to R -1 PD Single
Family Residence with a Planned Development Overlay in the 1000 -1100 Blocks of North
Westfield Street and 1100 -1200 Blocks of North Eagle Street. The full text of the
Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on
the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236 -5011.
MEMORANDUM
OfHKOf H
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: June 9, 2016
RE: Approve Zone Change Evergreen Retirement Community from R -1 Single
Family Residence to R -1 PD Single Family Residence with a Planned
Development Overlay; 1000 -1100 Blocks of North Westfield Street and 1100-
1200 Blocks of North Eagle Street (Plan Commission Recommends Approval)
BACKGROUND
The area included in the zone change request consists of six individual parcels totaling
approximately 37 acres on the 1000 -1100 blocks of North Westfield Street and the 1100-
1200 blocks of North Eagle Street which function as a campus setting with extensive
interconnections and are located approximately 300 feet south of Oshkosh Avenue. The
Evergreen Retirement Community campus is bounded by a commercial childcare center and
Oshkosh Avenue on the north, North Westfield Street on the west, North Eagle and Hawk
Streets on the east, and Sawyer Creek and Red Arrow Park to the south. The subject area
has had some form of single family residence zoning designation since its annexation to the
City in 1952 and has been used as a retirement community, originally known as Evergreen
Manor, beginning in the 1960s and over time the use of a retirement community was
designated as a conditional use in 1983. Over the past 30+ years, Evergreen Retirement
Community has had several expansions and additions which required multiple
additions /amendments to their CUP as well as several variances leading to its current uses
and site design /layout. At the present time, Evergreen Retirement Community includes 109
independent living units, 80 assisted living units and skilled nursing care for 80 residents
located within approximately 30 separate structures spread out over the 37 acre campus.
ANALYSIS
The petitioner is requesting approval to rezone the subject properties from R -1 Single Family
Residence District to R -1 Single Family Residence District with a Planned Development
Overlay to allow the existing use to continue and expand without the need for perpetual
conditional use amendments and variances associated with the incremental development
that will take place over time. The planned development designation provides a means to
functionally consolidate cooperative operations of multiple properties and affords a
mechanism to further develop the campus with a new apartment building and associated
amenities. The request is consistent with the City's Comprehensive Plan and the planned
development designation is beneficial to the petitioner as it provides flexibility needed for
expansion and alterations of the campus by the utilization of base standard modifications.
This designation is beneficial to the community as it provides the ability for public review and
oversight of future development plans.
FISCAL IMPACT
Changing the zoning of this property will have no fiscal impact on city services.
RECOMMENDATION
The Plan Commission recommended approval of the zone change at its May 17, 2016
meeting.
Re ectfully Submitted,
Darryn Burich
Director of Planning Services
Approved,
Mark Rohloff
City Manager
SUBJECT
SITE
ITEM: ZONE CHANGE FROM R -1 SINGLE FAMILY RESIDENCE DISTRICT TO
R -1PD SINGLE FAMILY RESIDENCE DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY FOR MULTIPLE PROPERTIES ON THE 1000 -1100
BLOCKS OF NORTH WESTFIELD STREET AND THE 1100 -1200 BLOCKS OF
NORTH EAGLE STREET (EVERGREEN RETIREMENT COMMUNITY)
Plan Commission meeting of May 17, 2016
GENERAL INFORMATION
Applicant /Owner: Evergreen Retirement Community, Inc.
Action(s) Requested:
The petitioner requests a zone change from the existing R -1 Single Family Residence District to the R -1
Single Family Residence District with the inclusion of the Planned Development Overlay District (PD).
The intent of the requested addition of the PD is to provide a mechanism for the campus to be in complete
conformance with zoning as it has historically developed as well as to accommodate proposed expansions
and alterations.
Applicable Ordinance Provisions:
The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies
on the Comprehensive Plan, development plans and sound planning principles.
Property Location and Background Information:
The area included in the zone change request consists of six individual parcels totaling approximately 37
acres on the 1000 -1100 blocks of North Westfield Street and the 1100 -1200 blocks of North Eagle Street.
The six parcels function as a campus setting with extensive interconnections and as a grouping are located
approximately 300 feet south of Oshkosh Avenue. The Evergreen Retirement Community campus is
roughly bounded by a commercial childcare center and Oshkosh Avenue on the north, North Westfield
Street on the west, North Eagle and Hawk Streets on the east, and Sawyer Creek and Red Arrow Park to
the south.
The subject area has had some form of single family residence zoning designation since its annexation to
the City of Oshkosh in 1952. The property or portions thereof have been used as a retirement community,
originally known as Evergreen Manor, beginning in the 1960s. After multiple zoning ordinance rewrites
and amendments /changes over time, the use of a retirement community was designated as a conditional
use in 1983. Over the past 30+ years, Evergreen Retirement Community has had several expansions and
additions which required multiple additions /amendments to their CUP as well as several variances leading
to its current uses and site design /layout. At the present time, Evergreen Retirement Community includes
109 independent living units, 80 assisted living units and skilled nursing care for 80 residents located
within approximately 30 separate structures spread out over the 37 acre campus.
Subject Site
Existing Land Use
Zoning
Residential —Retirement Community
R -1
Adjacent Land Use and Zoning
Existing Uses
Zoning
10 Year Land Use Recommendation
Single Family Residential & Commercial Childcare
R -1 & R -2
North
Facility
- - - - - --
--------------------------------------- - - - - --
Sawyer Creek, Red Arrow Park & Single Family
--------------- - - --
R -1
South
Residential
- - - - - --
East
--------------------------------------- - - - - --
Predominately Single Family Residential
-- - ---- ------- - - --
-
R -1
- - - - - --
West
--------------------------------------- - - - - --
Single and Multiple - Family Residential
- -------------- - - --
R -1 & R -2
Comprehensive Plan
Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Residential
20 Year Land Use Recommendation
Residential
ANALYSIS
The petitioner is requesting approval to rezone the subject properties from R -1 Single Family Residence
District to the R -1 Single Family Residence District with a Planned Development Overlay. The purpose
of the rezoning request is to allow the existing use to continue and expand without the need for perpetual
conditional use amendments and variances associated with the incremental development that has and will
take place over time. The Planned Development designation provides a means to functionally consolidate
cooperative operations of multiple properties, thereby creating a single system campus that includes
diverse primary uses comprising of single family dwellings, multiple family dwellings and multiple level
care facilities as well as associated accessory uses including retail, fitness, dining, entertainment,
recreation, nursing, education and religious functions. The PD designation also affords a mechanism to
further develop the campus with a new independent living apartment building on the north end of the
campus, alterations to vehicle and pedestrian access, redeveloped and new parking facilities, and the
addition of a chapel, common entry area and facade upgrades for the main manor building.
The rezoning request is consistent with the Comprehensive Plan's residential land use recommendation as
the retirement community uses are permitted through a conditional use permit in the R -1 Single Family
Residence District. The Planned Development designation is most appropriate in that it allows the
development of the site as a large quasi - institutional campus maintaining a scale of development and
interconnectivity between parcels. The Planned Development designation is beneficial to the petitioner as
it provides flexibility needed to allow for expansion and alterations of the campus by the utilization of
base standard modifications that provide relief from conditions affecting the use of multiple lots such as
setbacks from the right -of -way, internal lot line setbacks /interconnections and multiple drives /curb-
cuts /parking areas. The Planned Development designation is beneficial to the community as it provides
the ability to address items that do not meet code dimensional standards and grants public review and
oversight of development plans to ensure compliance with development and planning policies.
RECOMlVIENDATION
Staff recommends approval of the zone change from the R -1 Single Family Residence District to the R -1
Single Family Residence District with a Planned Development Overlay as requested.
Item: Evergreen Rezone
The Plan Commission approved the zone change from the R -1 Single Family Residence District to the R-
1 Single Family Residence District with a Planned Development Overlay as requested. The following is
the Plan Commission's discussion on this item.
Mr. Buck presented the request for a zone change and reviewed the site and surrounding area as well as
the land use and zoning classifications in this area. He discussed the history of the site and the current use
of the property and the purpose for the zone change request which is to provide a mechanism for the
campus to be in conformance as it has historically developed as well as to accommodate proposed
expansions and alterations within multiple parcels. He further stated that the zone change request is
consistent with the City's Comprehensive Plan and discussed the benefits of the planned development
overlay. He reviewed the site plan of the Evergreen Retirement Community campus and explained that
the CUP /PD was for the existing use of the site and for a building addition and associated parking lot,
alteration /expansion to the existing parking lot on N. Westfield Street, addition and fagade alteration to
the west side of the Manor building and addition of an entry canopy to the Garden building. He discussed
the existing conditions and current use of the site and the multi -phase master plan to update the facilities.
He reviewed the 61 unit apartment building addition including underground parking stalls, a drop -
off /pick -up canopy, and a new surface parking lot as well as the existing parking for the site. He
reviewed the building addition details which will be constructed to match the existing facilities and
reviewed the location of the proposed canopy and parking lot. He discussed the parking lot accesses and
the turnaround area for emergency service access as well as the transformer /generator pad and monument
sign and the proposed landscaping for the site. He stated that a base standard modification was necessary
for the height of the structure and an access control variance for lateral clearance and that a base standard
modification was also requested to allow for two identification signs on the site. He also discussed the
detention basin's location and construction and that the basin, landscaping, and lighting for the
development would be required to meet code requirements. He reviewed the proposed alterations to the
existing southern parking lot and reviewed the traffic flow pattern as well as the pedestrian access,
landscape islands and drop- off /pick -up canopy to be constructed. He stated that the landscaping and
lighting for this portion of the development would also be required to meet code requirements and that the
relocated monument sign will require a base standard modification to the front yard setback and an access
control variance for the lateral clearance was also necessary in the parking lot. He discussed the addition
and facade alteration to the Manor building and reviewed the materials to be utilized and that the addition
was to house a new chapel which would be an accessory use to the retirement community's primary use.
He also discussed the entry canopy to be added to the Garden building and reviewed the building
elevations and renderings of the proposed canopies. He also reviewed the landscape plan and renderings
of the new sign and the relocated sign and reviewed the conditions recommended for this request.
Mr. Nollenberger questioned if the Commission should vote on these two requests separately.
Mr. Buck responded affirmatively.
Mr. Gray asked for clarification of what each item was.
Mr. Buck indicated that Item VA was for the zone change request to add the planned development overlay
and Item VB was for the conditional use permit /planned development approval.
Mr. Gray questioned what the open space was on the landscaping plan.
Mr. Buck responded that it was 60% of the area which was dedicated as open space.
Mr. Bowen inquired if the landscape plans met code requirements.
Item: Evergreen Rezone
Mr. Buck replied that it would be reviewed at the Site Plan Review Committee level for code compliance.
Motion by Vajgrt to approve a zone change from R -1 Single Family Residence District to R -IPD
Single Family Residence with a planned development overlay for multiple properties on the 1000-
1100 blocks of N. Westfield Street and the 1100 -1200 blocks off. Eagle Street.
Seconded by Bowen. Motion carried 6 -0 -1. (Mr. Cummings abstained as he is a member of the
Evergreen Village board.)
Item: Evergreen Rezone
Legal Description (to be provided in digital form, MS Word format)
Will a Conditional Use Permit be required? aYes F] No RDon't Know
1. Applicant
Identify the person or organization requesting the zone change:
Name Ken Arneson, President/CEO
Cell Phone 920 -420 -2797
Organization Evergreen Retirement Community, Inc. Business Phone 920- 237 -2100
Mailing Address 1130 N. Westfield Street Fax 920- 237 -2109
City' Oshkosh State W1 Zip 54902 E-mail kameson@evergreenOshkosh.com
2. Applicant Interest
The applicant must have a legal interest in the subject property:
7Property Owner ❑ Purchaser by Option or Purchase Agreement
Purchaser by Land Contract F]Lessee/Tenant
3. Property Owner Q Check here if Applicant is also Property Owner
Identify the person or organization that owns the subject property:
Name Ken Arneson, PresidenttCEO Cell Phone 920 - 420-2797
Organization Evergreen Retirement Community, Inc. Business Phone 920- 237 -2100
Mailing Address 1130 N. Westfield Street Fax 920- 237 -2109
City Oshkosh State Wi Zip 54902 E -mail kameson@evergreenOshkosh.com
Page 2 of 7
9/14/2011
91
Required A Iicatcin Attachments
pP
❑ 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 reques4 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.
❑ S. Planned Development Application (if necessary)
If applicable, include a completed Planned Development Application with the zone change submittal.
❑ 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.
❑ If also the owner, the applicant grants the City of Oshkosh staff, Plan Commission, and Common Council the right to
agess the subject firoperty for the sole purpose of evaluating the application.
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
e sole purpos ` of evaluating the application.
roperty Owner Si nature Date
Property Owner Signature
Date
Page 3 of 7
9/1412011
0
[sTj;�T REZONING
REVIEW STANDARDS
City of Oshkosh Planning Services
215 Church Avenue PO Box 1130
Oshkosh, WI 54903 -1130
920 - 236 -5059
The Plan Commission and the Common Council may consider whether the proposed zone change meets the
following standards:
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 PD zoning is consistent with the Ctty's Plan and future use map because the proposed use is already an approved Conditional
use. The proposed rezone will bring the zoning Into conformance with the current, conditionally approved use and will remove
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.
Alone or with the context of the surrounding neighborhood, the Evergreen Retirement Community plans meets Objectives of the City's
comprehensive plan by providing a variety of housing types that meets unmet housing needs. Evergreen's plans also enhance environmental quality,
good design and eliminates the current land use conflict
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.
There are no additional public facilities anticipated. Since the Use will not change from the existing conditional use, there should be no
Increase in traffic, water or sewer needs. The PD does anticipate a slight increase of density however existing facilities are adequate
for the current plans.
B. Explain how the proposed zone district will not be detrimental to the financial stability and economic
welfare of the city.
The proposed PD will not be detrimental to the financial stability and economic welfare of the City because the use is not changing from what it
has been for nearly 50 years. in fact, the project may increase the financial stability and economic welfare of the City by creating a few jobs.
These created jobs are typically stable in all economic conditions.
Describe how the proposed zone district is consistent with the trend of development in the neighborhood,
the property to be rezoned was improperly zoned or classified when the City's Zoning Ordinance was adopted
or amended.
The proposed zoning is consistent with the trend of the neighborhood because the use of this property will continue as it has for nearly 50 years.
Page 4 of 7
9114/2011
5
Evergreen Retirement Community April 18, 2016
REZONE Application Narrative
1130 N. Westfield Street
Oshkosh, WI 54902
Parcel numbers and sizes:
The parcels listed below are being requested for the rezone. There are no current plans to combine these
parcels but may be done in the future. Please reference provided plans for location of structures, paving,
signage, etc.
91615311000
26.742 Acres
1130 N. Westfield Street
91615422020
0.743 Acres
1140 N. Eagle Street
91615313000
7.894 Acres
1000 N. Westfield Street
91615313003
1.374 Acres
1095 N. Westfield Street
91602900000
0.252 Acres
1204 N. Eagle Street
91602870000
0.180 Acres
1220 N. Eagle Street
1. Need for Zone Change
The Zoning change from RI to PD is needed to allow the existing use to continue without perpetual
Conditional Use Permits. Existing zoning is Residential (Rl). Proposed zoning (PD) will allow all
permitted and conditional uses of the underlying residential zoning. The primary use of the site is and
will continue to be a retirement community which includes but is not limited to single and multifamily
dwellings, retail, fitness, dining, entertainment, recreation, nursing, education and religious functions.
2. Project Description
Evergreen is in the middle of a multi -year, multi -phase master plan to reinvent and update its facilities
allowing us to continue our tradition of exceptional service, programs and facilities. We have recently
renovated our skilled nursing, assisted living and memory care units. Immediate plans include a new
Independent living apartment building on the north end of campus, the addition of a small chapel,
common area entry and facade updates for the main Manor building. Please see the attached plans for
layout, parking and other pertinent information.
The project and site is near the flood plain of Sawyer Creek. There are no current plans to build within
the. floor plane however any future plans developed will comply with the appropriate requirements. Areas
of the site being redeveloped will provide storm water management at current standards.
There are several styles of architecture on site now and future plans will allow similar variation but stress
a harmony between the building and the neighborhood.
Base Standard modifications:
Height: Thirty-seven (37) feet maximum or three and one -half (3 1/2) stories maximum.
Side yard setback: Seven and one -half (7 1/2) feet minimum, both sides (no change)
Front yard setback: Ten (10) feet minimum.
Rear yard setback: Twenty -Five (25) feet minimum.
Use: All Conditional uses under the RI zoning will be permitted uses.
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