HomeMy WebLinkAboutItem I PLAN COMMISSION STAFF REPORT NOVEMBER 3,2020
ITEM I: PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMEMT FOR AN
INSTITUTIONAL RESIDENTIAL USE AT 851 COUNTY ROAD Y
GENERAL INFORMATION
Applicant/Property Owner: Winnebago County
Action(s) Requested:
The applicant is requesting a Conditional Use Permit amendment for an institutional residential use
with a second occupant at 851 County Road Y.
Applicable Ordinance Provisions:
Institutional residential uses are permitted only through a conditional use permit in the Institutional
District(I) as regulated in Section 30-50 (C) of the Zoning Ordinance. Criteria used for Conditional Use
Permits are located in Section 30-382 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is located on the south side of County Road Y, west of Jackson Street. The subject parcel
is about 7200 sq. ft. in size and is adjacent to several Winnebago County buildings including the
Sherriff's Department, Highway Department and Solid Waste/Recycling Transfer Station.
Subject Site:
txis'thig,Land Use Zottin
Government (County) I
Adjacent Land Use and Zoning:
Existing Uses Zolin
North Landfill HI
South Vacant/Agriculture MR-12 PD
West Institutional I
East Residential MR-20 PD &DR-6
Compreheusive Plan Lrifid Use,Recv snendation Land Else
2040 Land Use Recommendation Community Facility
ANALYSIS
In December 2018, a conditional use permit was approved to establish an institutional residential
facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for
release. The CUP approval included a condition that the residential structure is limited to a maximum
density of one (1) occupant and maximum of two (2)bedrooms.
A manufactured home was installed on the site in 2019 and currently houses one resident. The
applicant is now requesting CUP amendment to allow a second resident, also convicted of a sexual
offense (Wis. Stat. 980) and deemed ready for release. The existing home has two bedrooms and no
construction or alterations to the property are anticipated.
Page 1
The applicant notes that due to the particular resident intended to be housed at the site, state law
imposes some limits on what can be located within a certain proximity of the subject parcel. In
particular, schools, child care facilities, public parks, places of worship or youth centers cannot be
located within 1,500 feet of the parcel. As the applicant owns the surrounding land beyond 1,500 feet
from the parcel, the applicant can reasonably guarantee that land within that proximity will not be
used for these purposes.
Staff is in support of the CUP amendment for the institutional residential use as the proposed use has
already been established on the site,which is an appropriate location based on the surrounding County
government land uses. No plans have been submitted for the site or facility as the only change to the
site will be an added resident at the existing manufactured home. Any future changes to the site will
require site plan review approval.
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional Use
Permit, staff recommends the Plan Commission make the following findings based on the criteria
established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property,the character of
the neighborhood, environmental factors, traffic factors, parking, public improvements, public
property or rights-of-way, or other matters affecting the public health, safety, or general
welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as
related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not impose
an undue burden on,any of the improvements,facilities,utilities or services provided by public
or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant's proposal and any requirements
recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit amendment for an institutional
residential use with a second occupant at 851 County Road Y. as proposed with the findings listed
above and the following condition:
1. The residence is limited to maximum of two (2) occupants.
Item I—CLIP Amendment Institutional residential—851 W County Road Y
Page 2
SCALE in Feet
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WINNE13AGO COUNTY
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TOWN OF OSHKOSH WINNEBAGO COUNTY
58.29 Acre(s) 92.61 Acre(s)
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Winnebago Count 500 feet) business. 'Data for thismapeopyrighted
Wlscon5ln Subject Site December 31,2006-
Page 3
BMIT TO:
CAA City of Oshkosh Application 41111V of community Development
W 215 yh Ave.,P.O.Box 1130
cit:�If oshkN,, jsconsin 54903-)130
Conditional Use Permill lftyJ�6-5059
Oshkosh 49k$P ,,,
"PLEASE TYPE OR PRINT USING BLACK INK 2 1100
APPLICANT INFORMATION
Petitioner: WINNEBAGO COUNTY
Petitioner's Address: 448 ALCOMA BOULEVARD City: OSHKOSH —State:WI I zip:549A1
Telephone #: (920) 236-4754 — Email P1 I pyMen Contact preference: 0 Phone MR Email
Winnebago.
Status of Petitioner (Please Check): .- 0 ner 11 R e nant Ll Prospective Buyer
Petitioner's Signature (required): I A Date:
b',
OWNER INFORMATION ?Wnnl"l o Ounity '�y Maiy'Anne Mueller, Corporation Counsel
Owner(s): WINNEBAGO r Date:
Owner(s) Address: 41418 ALC"_.BOULEVARD —City: OSHKQSH State:191 Zip�g�41900
Telephone #: (920) 236-4754— Email: mmueller@co, Contact preference: 0 Phone X1 Email
winnebago.wi.us
Ownership Status (Please Check): El Individual El Trust 11 Partnership IRCorporation
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,
-Z
Property Owner's Signature: AIL11�1_ Date: 161,-)4)
SITE INFORMATION WINNEBAGO COWTY BY MA[RK HINRPTJS,, C I OUNTY EXECUTIVB
Address/Location of Proposed Project: 851 County Road Y, Oshkosh WI 54901
Proposed Project Type: Two family residence
Current Use of Property: l4ingle family resideince Zoning: Institutional
Land Uses Surrounding Your Site: North: Winnebago County owned land
Souft-Winnebago qninty owned ],and
East: Winnebago County owned land
West: 'WfLnnebago County owne4�land
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
It Is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.
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.ci.oshkosh.wi.us/Community-Developi-nent/Planning.htm
Sign—Staff—Date Rec'd
Page 4
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health,safety,and general welfare of occupants of surrounding lands.
Please seek: attached
2. Pedestrian and vehicular circulation and safety.
Please see attached
3. Noise,air,water,or other forms of environmental pollution.
Please see attached
4. The demand for and availability of public services and facilities.
Please see attached
5. Character and future development of the area.
Please see attached
SUBMITTAL REQUIREMENTS -Must accompany the application to be complete.
(Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy)
➢ A narrative of the proposed conditional use and project including:
❑ Proposed use of the property
❑ Existing use of the property
❑ Identification of structures 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.
❑ Surrounding land uses
❑ Compatibility of the proposed use with adjacent and other properties in the area.
❑ Traffic generation
❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
➢ A complete site plan including:
❑ Digital plans and drawings of the project
❑ Title block that provides all contact information for the petitioner and/or owner,if different
❑ Full name and contact information of petitioner's engineers/surveyors/architects,or other design professionals used in
the plan preparation
❑ The date of the original plan and latest date of revision to the plan
❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1"=60') unless
otherwise approved by the Department of Community Development prior to submittal
❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled
❑ All required building setback and offset lines
❑ All existing and proposed buildings,structures,and paved areas,including building entrances,walks,drives, decks,
patios,fences,walls
❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction
❑ 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 30-175 City of Oshkosh Zoning
Ordinance
❑ Location and dimension of all loading and service areas on the subject property
❑ 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
Page 5
ATTACHMENT TO CONDITIONAL USE PERMIT:
Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
1. Health, safety, and general welfare of occupants surrounding lands
There will be no impact on the health, safety, and general welfare of occupants of surrounding land
from the proposed conditional use. The parcel at issue is wholly surrounded on all sides by land
owned by the applicant itself,Winnebago County("County' or"Applicant").This land is occupied by
various institutional occupants, including the County sheriff's department, highway department, and
waste management. There are no residential occupants nearby. Accordingly, amending the existing
conditional use permit will not have any negative impacts on occupants of surrounding land apart
from the Applicant itself. In addition, given the parcel's location adjacent to the County sheriff's
department, law enforcement will be afforded a unique opportunity to monitor the parcel, thus further
ensuring any potential impacts on more distant neighbors will be minimized.
2. Pedestrian and vehicular circulation and safety
Applicant estimates there will be almost no effect whatsoever on pedestrian and vehicular circulation
and safety from amending the existing conditional use permit.The nature of the requested
amendment is to add a second occupant to the existing two-bedroom manufactured home that
houses one occupant. That resident, like the first resident, will not be permitted by law to leave the
property for at least the first year of his residency, without supervision. In addition, the parcel is
located on land already owned and occupied by Applicant, which is located at the intersection of two
highways that already are capable of handling any potential additional traffic.The surrounding land
owned by Applicant already has necessary roads to connect the parcel to the main highways.
Applicant will bear the cost of adding additional parking spaces on the surrounding land and the
parcel itself, if necessary.
Noise, air, water, or other forms of environmental pollution
Applicant does not anticipate the proposed amendment to the existing conditional use permit will
impact noise, air, water, or other forms of environmental pollution. The proposed amendment is to
add a second occupant to an existing two-bedroom manufactured home that houses one occupant.
Applicant anticipates that the proposed amendment will increase noise or air pollution only
incrementally, if at all. There may be a slight increase in water use as opposed to the present, but
Applicant does not anticipate any water pollution.
3. The demand for and availability of public services and facilities
Applicant does not anticipate the proposed amendment will impact the demand for and availability of
public services and facilities. Given that the parcel already serves as a residential plot for a single
resident, Applicant does not believe that demand for public services will increase much at all. The
second resident will use the same waste management services as the first occupant. In addition, the
second resident will be an adult living without children, so Applicant does not anticipate any additional
demand for public services such as schools or school busing. With respect to emergency services,
Applicant notes the County Sheriff is located on the land immediately surrounding the parcel at issue
and will be within walking distance of the parcel and able to respond to emergency situations almost
immediately. Applicant anticipates the impact of the need for other emergency services will be
minimal.
Page 6
4. Character and future development of the area
Given that the land immediately surrounding the parcel at issued currently is identified as and used
for institutional purposes, including a landfill, Applicant believes the future development possibilities of
the surrounding land already is limited to a certain degree; Applicant does not anticipate the proposed
amendment to the conditional use permit will negatively impact the future development of the
surrounding land at all. As for the character of the surrounding land, Applicant believes it mostly will
retain its institutional character. In addition, because Applicant itself owns the land surrounding the
parcel at issue, Applicant is willing to bear any changes in character or future development
possibilities.
Applicant notes that both the current resident and the second resident intended to be housed on the
identified parcel are in a similar situation. State law imposed some limits on what can be located
within a certain proximity of the identified parcel. In particular, schools, child care facilities, public
parks, places of worship, or youth centers cannot be located within 1,500 feet of the identified parcel
See Wis. Stat. §980.04 (4)(dm)(1)(a). However, Applicant owns the land surrounding the identified
parcel beyond 1,500 feet, so Applicant can reasonably guarantee that land within that proximity will
not be used for these purposes.
5. Narrative of the Proposed Conditional Use
Winnebago County currently owns approximately 296.81 acres of land at the intersection of Highway
Y and Jackson Street(also known as Highway 76). That land currently is zoned as and used for
institutional purposes. The land is occupied by the County Sheriff's Department, County Highway
Department and Solid Waste Management and the Transfer Station. The parcel at issue is located on
and surrounded on all sides by a County-owned plot of land. The parcel is approximately 10,000
square feet, located between the Sheriff's Department, Highway Department, and Transfer Station.
County attaches hereto as Exhibit A a map of the County-owned land showing the size and location
of the parcel for which it seeks an amendment to the existing conditional use permit.
Applicant proposes the parcel at issue be used for a second County resident convicted of offenses
pursuant to Wis. Stat. §980 and deemed ready for release. Section 980 of the Wisconsin Statutes
requires the County to identify a suitable place of residence of such offenders. This parcel meets the
parameters set forth in §980 (4)(dm), returns the offender to his local community, and is close to law
enforcement who can monitor the situation.
There is already a pre-manufactured housing structure on the parcel which houses one resident. The
County has already borne the cost of establishing utility and other necessary services connections to
the parcel and building out all necessary roads and parking for the parcel
Given that a single resident will be added to an existing manufactured home which currently houses
one resident, Applicant anticipates very little impact on the surrounding businesses. First, there
simply are not very many neighboring businesses. Second, the surrounding businesses are owned by
Applicant itself. In addition, Applicant anticipates noise and lights will occur at normal rates during
normal waking hours, but there will be very little other pollution. Traffic should be impacted very
minimally in light of the additional resident, the legal restrictions on his movements, and the parcel's
location near the intersection of two highways that already bear moderate rates of traffic.The need
for services will be low. Moreover, the parcel is surrounded on all sides by land owned by Applicant
itself, and Applicant is willing to absorb the effect of the proposed amendment.
Page 7
Please note that Applicant has attached hereto as Exhibit A a map of the County-owned land which
shows the size and location of the parcel on that land. In light of the fact that the resident will occupy
a pre-manufactured housing structure on the parcel and Applicant does not need nor intend to do any
construction in order to make the parcel habitable as a residence.Applicant does not believe it is
necessary to attach the site plans requested on page two of the Application for Conditional Use
Permit.
Page 8
CUP TOWN OF OSHKOSH THOMAS N RUSCH ETAL
851 COUNTY RD Y 1076 COZY LN PO BOX 3808
PC: 11-03-20 OSHKOSH W154901 OSHKOSH WIS4903
THOMAS M MATTMILLER/ TIMOTHY A/KATHLEEN J SCHULTZ WINNEBAGO COUNTY
MARGARET S OCONNOR 4263 JACKSON ST 448 ALGOMA BLVD
4221JACKSON ST OSHKOSH W154901 OSHKOSH W154901
OSHKOSH W154901
STATE OF WISCONSIN
PO BOX 3530
OSHKOSH W154903
Page 9
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