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HomeMy WebLinkAbout06. 20-439 NOVEMBER 10, 2020 20-439 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN INSTIUTIONAL RESIDENTIAL USE AT 851 COUNTY ROAD Y INITIATED BY: WINNEBAGO COUNTY PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Plan Commission finds that the Conditional Use Permit amendment to allow an institutional residential use at 851 County Road Y, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit amendment is hereby approved to allow an institutional residential use at 851 County Road Y, per the attached, with the following condition: 1. The residence is limited to maximum of two (2) occupants. r,A !w city Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: November 5, 2020 RE: Approve Conditional Use Permit Amendment to Allow an Institutional Residential Use at 851 County Road Y (Plan Commission Recommends Approval) BACKGROUND 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. 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 Conditional Use Permit (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 a 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. 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 City Hall,215 Church Avenue P.O. Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us 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 The Plan Commission recommended approval of a Conditional Use Permit amendment with findings and a condition at its November 3, 2020 meeting. Please see the attached staff report and meeting minutes for more information. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager City Hall,215 Church Avenue P.O. Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: CONDITIONAL USE PERMIT AMENDMEMT FOR AN INSTITUTIONAL RESIDENTIAL USE AT 851 COUNTY ROAD Y Plan Commission meeting of November 3, 2020. 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: Existing Land Use Zonin Government(County) I Adjacent Land Use and Zoning: Existing Uses Zonin North Landfill HI South Vacant/Agriculture MR-12 PD West Institutional I East Residential MR-20 PD &DR-6 Comprehensive Plan Land Use Recommendation Land Use 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 a 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. 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. The Plan Commission approved of the Conditional Use Permit as requested with findings and a condition noted. The following is the Plan Commission's discussion on this item. Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit amendment for an institutional residential use with a second occupant at 851 County Road Y. Item I—CUP Amendment Institutional residential—851 W County Road Y Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. 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 occupant and maximum of two bedrooms. The applicant is now requesting a 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. 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. 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. He said that 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. Ms. Propp opened technical questions to staff. Mr. Perry asked if the applicant is the provider or the county. Mr. Lyons replied that the applicant is the county. Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. Ms. Mary Anne Mueller thanked the commission for their time and consideration. She said that the county was here a couple of years ago due to the state statute and legislature basically putting the onus on the county to find housing for 980 sex offenders. There are a number of requirements that need to be met and they thought that this location, which is actually on county-owned land, was the best location given that it was in the shadow of the Sherriff's Office and it was not near residential housing. As staff indicated, there are two bedrooms there and they are only asking to use the other bedroom because there is one resident in the manufactured home currently. They believe the people who are in that home are strictly monitored, so there are not comings and goings. She explained that 980s are deemed serious sex offenders, so they are not allowed to leave the premises during the first year without a parole officer. They are basically trying to react to what the state has done with their legislation. She said they do not believe there is going to be any impact and they would also be able to satisfy the law. There were no public comments on this item. Mr. Perry stated that he had concerns about this two years ago and he has concerns about this now. His main concern is with the contractor who is contracting with the county. Due to the pandemic, organizations that run these types of operations have a very challenging time finding sufficient staffing for these facilities. Mr. Perry asked Ms. Mueller if there were significant safeguards in place like direct wiring to the Sherriff's Office or a panic button, adding that leaving a single staff person on site because staff called in sick is a recipe for a disaster. Item I—CUP Amendment Institutional residential—851 W County Road Y Ms. Mueller replied that this mobile home is owned by the county. They do not have anyone managing it and there is no staffing. The occupants have electronic monitoring through the Department of Human Services and the Sherriff passes by throughout the day. There have been no issues in regards to the existing occupant. The county owns the facility and they run it,but the state manages the electronic monitoring and the state has direct links into all of the neighboring institutions that would be providing coverage for this. She said that more telling is the fact that they have had no issues with the occupant currently there. Mr. Perry thanked Ms. Mueller for the information, adding that when the commission was approached two years ago, the county clearly said that they would be contracting with a provider to do the monitoring and potential staffing. He said that the information Ms. Mueller provided is a little different from what was provided previously. Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing statements. There were no closing statements from the applicant. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Condition: 1. The residence is limited to maximum of two (2) occupants. Seconded by Davey. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. Item I—CUP Amendment Institutional residential—851 W County Road Y �IBMIT TO: Cityof Oshkosh Application �tl°f Community Development pp 215 ch Ave.,P.O.Box 1 130 Cilol " • • Oshkos �consin 54903-1130 Oshkosh Conditional Use Permi p2��NE:(92( 7��59 ""PLEASE TYPE OR PRINT USING BLACK INK"" Z 112 (, APPLICANT INFORMATION Petitioner: WINNEBAGO COUNTY §,ate: I v Z z o Petitioner's Address: 448 ALGOMA BOULEVARD City: OSHKOSH State:WI I Zip:5419A1 Telephone #: (920) 236-4754 — Email ueller@co Contact preference: ❑ Phone MR Email winnebago. i Status of Petitioner (Please Check):; O ner El p esettat e Want ❑ Prospective Buyer Petitioner's Signature (required): I Date: W nn fo C y ary Anne Mueller, Corporation Counsel OWNER INFORMATION Owner's): WIp . ;0 Col Date: Owner(s) Address: 4418 ALGA:BOULEVARD City: OSHKC)SH State:WI Zipa94190_ Telephone#: (920);236-4754 Email: mmueller@co. Contact preference: ❑ Phone KI Email winnebago.wi.us Ownership Status (Please Check): ❑ Individual []Trust ❑ Partnership IxCorporation 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: P�c/C Date: 16 a bC_) SITE INFORMATION WINNEBAGO COWTY By I RK MRRIt51.,, COUNTY EXECUTIVB Address/Location of Proposed Project: 851 County Road Y, Oshkosh WI 54901 Proposed Project Type: Two family residence Current Use of Property: lUngle family residetnce Zoning: Institutional Land Uses Surrounding Your Site: North: Winnebago County - owned land South:—Winnebago owned land East: Winnebago County - owned land West: Wfi-nnebago County - owned t 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_Development/Planning.htm Sign Staff Date Rec'd 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 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. 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. 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. 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 W154903 THOMAS M MATTMILLER/ TIMOTHY A/KATHLEEN J SCHULTZ WINNEBAGO COUNTY MARGARET S OCON NOR 4263 JACKSON ST 448 ALGOMA BLVD 4221JACKSON ST OSHKOSH W154901 OSHKOSH W154901 OSHKOSH W154901 STATE OF WISCONSIN PO BOX 3530 OSHKOSH W154903 El ED couury Y O � _ o 04 �oo ❑ � g _ N JJ�I �gud fY PH) tin= 09mi 1 in=500ft City of Oshkosh maps and data are intended to be used for general identification purposes only,and the City of Oshkosh assumes no liability for the accuracy of the information. 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