HomeMy WebLinkAboutItem IVPLAN COMMISSION STAFF REPORT DECEMBER 6, 2022
ITEM IV: PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT FOR AN
EXPANSION OF AN INSTITUTIONAL RESIDENTIAL USE AND A
CONDITIONAL USE PERMIT FOR A GROUP DEVELOPMENT 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. Group Developments are
permitted only through a Conditional Use Permit as regulated by Section 30-171 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 lot was
enlarged from 7,200 square feet (120’ x 60’) to 26,400
square feet (220’ x 120’) in size via Certified Survey
Map 7980 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 Zoning
Institutional Residential Institutional (I)
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Landfill HI
South Winnebago County Government Facilities Institutional (I)
West Winnebago County Government Facilities Institutional (I)
East Winnebago County Government Facilities Institutional (I)
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Community Facility
Existing Site
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Item IV– CUP Amendment Institutional Residential – 851 W County Road Y
ANALYSIS
In December 2018, a Conditional Use Permit (CUP) (Res. 18-583) 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 to house the resident.
In November of 2020, the CUP was amended (Res. 20-439) to allow a second resident in the existing
house as it has two bedrooms and no construction or alterations to the property were needed.
The applicant is now proposing a second amendment to redesign and expand the use of the site. The
existing two-bedroom structure would be removed from the property and replaced with up to eleven
one-bedroom dwelling structures.
Each dwelling unit will be constructed
in three groups of three units and one
group of two units. Each unit will be a
12-foot wide by 28-foot, 576 square
foot structure containing
kitchen/living room area, a full bath, a
single bedroom and laundry facilities.
The applicant notes that due to the
particular residents 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.
Preliminary plans have been submitted for
the proposed development. Final plans,
including site design, landscaping, parking,
lighting and storm water management will
be required and reviewed/approved as part
of the site plan review process prior to
building permit issuance.
Staff is in support of the CUP amendment
for the institutional residential use as the use
has already been established on the site,
albeit on a smaller scale. The site continues
Proposed Site Plan
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Item IV– CUP Amendment Institutional Residential – 851 W County Road Y
to be an appropriate location based
on the surrounding County
government land uses. In the three
years the facility has been in
operation, there have been no issues
reported related to public safety.
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 expansion of an
institutional residential use with up to eleven (11) units and residents at 851 W. County Road Y as
proposed with the findings listed above and the following conditions:
1. The residence is limited to maximum of eleven (11) occupants.
2. Site shall comply with Group and Large Development Standards
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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 of 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
is one(1) residential occupant nearby. Accordingly, granting the conditional use permit will not have any
negative impacts on occupants of surrounding land apart from Applicant itself. In addition, given the
parcel’s location immediately next to the County sheriff’s department, the County Sheriff will be afforded a
unique opportunity to monitor the proposed residents of 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 the proposed conditional use. In the foreseeable future, up to twelve (12) occupants may reside
on the parcel. Those residents will not be permitted by law to leave the property for at least the first year
of their residency. In additional, 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 roads and/or parking spaces
on the surrounding land and the parcel itself.
3. Noise, air, water, or other forms of environmental pollution.
Applicant does not anticipate the proposed conditional use will impact noise, air, water, or other forms of
environmental pollution. The proposed conditional use is for residential use of land otherwise zoned for
institutional use. Applicant anticipates that proposed residential use of the land will increase noise or air
pollution only incrementally, if at all. There may be a very slight increase in water use as opposed to the
present, but Applicant does not anticipate any water pollution.
4. The demand for and availability of public services and facilities.
Applicant does not anticipate the proposed conditional use will impact the demand for and availability of
public services and facilities. Given that the parcel is intended to serve as a residential plot for up to eleven
(11) residents, Applicant does not intend that demand for public services will increase much at all. The
residents of the parcel at issue may use the same waste management services as the County occupants
of the surrounding land. In addition, the residents will be an adult living without children, so Applicant does
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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 on the need for other emergency services will be
minimal.
Applicant will bear the cost of establishing the necessary connections for other public services such as
water, gas, electricity, and other utilities.
5. Character and future development of the area.
Given that the land immediately surrounding the parcel at issue 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
conditional use 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, due to the particular residents intended to be housed on the identified parcel, state
law imposes 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. § 980.08(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.
Narrative of the Proposed Conditional Use
Winnebago County currently owns approximately 296.81 acres of land at the intersection of Highway Y and
Jackson (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 and County Highway Department, as well as used
as a waste management site. The parcel at issue is located on and surrounded on all sides by this County-
owned plot of land. The parcel is approximately 26,400 square feet, located between the current Sheriff’s
Department and landfill. 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 the conditional use permit.
Applicant proposes the parcel at issue be used as a residential plot for County residents convicted of
offenses pursuant to Wis. Stat. § 980 and deemed ready for release. Section 980 of the Wisconsin Statutes
requires County to identify a suitable place of residence for this offender. This parcel meets the parameters
set forth in § 980.08(4)(dm), returns the offender(s) to their local community, and is close to law enforcement
who can monitor the situation.
In the immediate future, Applicant anticipates there will be up to eleven (11) residents on the identified
parcel. County intends to install small homes on the parcel to house the resident(s). County attaches
hereto as Exhibit B an initial plan showing the size and layout of the small home. County will bear the cost
of establishing utility and other necessary services connections to the parcel and building out any necessary
roads or parking for the parcel.
Given that up to eleven (11) residents will reside on the parcel, 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
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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 few planned residents, the legal restrictions on their
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 conditional use.
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. Applicant also has attached as Exhibit B a plan for the
small home(s). In light of the fact that the resident(s) will occupy a small home(s) on the parcel and
Applicant does intend to do construction in order to make the parcel habitable as a residence(s), Applicant
does believe it is necessary to attach the site plans requested on page two of the Application for Conditional
Use Permit.
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CUP
851 COUNTY ROAD Y
PC: 12/06/2022
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH, WI 54901
CASTLE ROCK LAND/SHARON
INVEST & HOLDING
PO BOX 3808
OSHKOSH, WI 54903
THOMAS M MATTMILLER/MARGARET S
OCONNOR
4221 JACKSON ST
OSHKOSH, WI 54901
TIMOTHY A/KATHLEEN J SCHULTZ
4263 JACKSON ST
OSHKOSH, WI 54901
WINNEBAGO COUNTY
PO BOX 2808
OSHKOSH, WI 54903
JACKSON HIGHLAND APTS LLC
3807 STATE HIGHWAY 21 A
OSHKOSH, WI 54904
PAUL G/JUDY M GROSKREUTZ
441 FOREST VIEW RD
OSHKOSH, WI 54904
SODA CREEK PROPERTIES LLC
PO BOX 1882
OSHKOSH, WI 54903
NICOLET APARTMENTS III LLC
3389 COUNTY ROAD A
OSHKOSH, WI 54901
JASON J/NICOLE L LABER
S3228 CASEY AVE
SPENCER, WI 54479
CHARLOTTE EICHSTADT REV
TRUST
4356 JACKSON ST
OSHKOSH, WI 54901
JESSE O ROTHE
4296 JACKSON ST
OSHKOSH, WI 54901
TW SODA CREEK LLC/SWIMCREEK LLC
W229N1433 WESTWOOD DR STE 204
WAUKESHA, WI 53186
MARY L RUPNOW
190 E COUNTY ROAD Y
OSHKOSH, WI 54901
BRET MAR LLC
20 E COUNTY RD Y
OSHKOSH, WI 54901
WINNEBAGO COUNTY
1221 KNAPP ST
OSHKOSH, WI 54902
WINNEBAGO COUNTY
112 OTTER ST
OSHKOSH, WI 54901
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·YTNUOC"Y
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/18/2022
1 in = 120 ft1 in = 0.02 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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I
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Oshkosh City Limit
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·YTNUOC"Y
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/18/2022
1 in = 500 ft1 in = 0.09 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
Page 12
C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 11/18/2022
1 in = 100 ft1 in = 0.02 mi¯851 W COUNTY ROAD Y851 W COUNTY ROAD Y
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
Page 13