HomeMy WebLinkAboutMinutesCITY OF OSHKOSH -TOWN OF ALGOMA
EXTRATERRITORIAL ZONING COMMITTEE MINUTES
MAY 19, 2009
PRESENT: David Borsuk, Thomas Fojtik, Paul Lowry, Dewey Nelson, Toby Vanden Heuvel, Terry Hamann
EXCUSED: Tim Blake, Ed Bowen, Bob Nadolske, Kathleen Propp
STAFF: Darryn Burich, Director of Planning Services; Jeff Nau, Associate Planner; Deborah Foland,
Recording Secretary
Chairperson Fojtik called the meeting to order at 6:00 pm. Roll call was taken and a quorum declared present
The minutes of March 3, 2009 were approved as presented. (Nelson/Borsuk)
I. CONDITIONAL USE PERMIT FOR A 50 BED NURSING FACILITY LOCATED ADJACENT
TO AND WEST OF 3063 WITZEL AVENUE IN TOWN OF ALGOMA (TOWN PROTECTED
AREA /CITY -TOWN BUFFER AREA)
The petitioner is requesting an Extraterritorial Conditional Use Permit for development of a 50 bed skilled nursing
facility on a 9.959 acre parcel to be created from a 77 acre parcel in the Town of Algoma (Town protected
area /City -Town buffer area).
Mr. Nau presented the item and reviewed the zoning and land uses in the surrounding area. He also reviewed the
proposed site plan and elevations for the nursing facility and commented that the responsibility of the committee
today was to review the appropriateness of the land use only as the site plan approval would be the responsibility
of the Plan Commission for the Town of Algoma. He also commented about the potential for future expansion of
the site to the south which would require additional approval of the Extraterritorial Zoning Committee. The
petitioner will be applying for rezoning from A -2 to P -1 for the site and Mr. Nau stated that staff felt that this
proposal would be an appropriate buffer between the City and Town.
Mr. Nelson questioned if the site plan would be reviewed by the Town of Algoma.
Mr. Burich responded that the item would still have to go through the necessary approvals with both the Town of
Algoma and Winnebago County.
Greg Chapin, 85 Overland Trail, stated that he has property across the street from the proposed development site
and he felt that it would have a detrimental effect on the property owners on Witzel Avenue. He further stated
that it would create traffic issues and he would want his taxes adjusted accordingly to reflect the devaluation of his
property. He commented that this development would have no benefit to anyone other than Lutheran Homes,
Bethel Homes, and the current property owner whose property is being purchased. He also stated that he felt that
more property owners in the area should have received the meeting notice other than just the adjacent sites and
that he would like the item laid over to a future meeting.
Craig Ubbelohde, President of Lutheran Homes, stated that the adjacent land owners to the east of the site had a
covenant in place prohibiting this type of development. The first step in the process was to have the covenant
waived if 60% of the property owners would be willing to sign off on the waiver to allow the development to
move forward. They received 70 signatures from property owners when a total of 54 were required. He further
stated that they had no immediate plans to expand the development as shown on the site plan and he felt they had
the support of the residential parcels in the area. Regarding the statement that there no was benefit to the Town of
Algoma from this development, he commented that there was no tax revenue currently received from the wetlands
area and very little revenue from the agricultural use presently on the site. They had no plans to change the status
Extraterritorial Zoning Committee Minutes 1 May 19, 2009
of the home on the parcel to a tax exempt status and the Town received $132,000 from the development already in
infrastructure costs and fees.
Greg Chapin contested that the home owners on Witzel Avenue were more affected by this development than the
subdivision residents to the east that waived the covenant. He also commented that the residential sites to the
south were currently mostly vacant lots that were still owned by the bank and had yet to be developed. He
reiterated that he would like to see the item delayed until the next meeting so more adjacent property owners had
time to review the proposal and he also commented that he felt the staff reports should have been available earlier
than the Friday prior to the meeting.
Mark Boehlke, representing Hoffman Architects, 122 East College Avenue, Appleton, stated that studies have
shown that this type of development does not generate much traffic and the amount of traffic would actually be
less than if the site was developed with residential homes. He further stated that it was important that the item not
be delayed by laying it over to the next meeting as they still had to go through the necessary processes with both
the Town of Algoma and Winnebago County and if more adjacent property owners had issues they wished to
address, they would have the opportunity to do so at one of the future meetings for the rezoning of the site or the
site plan approval. A number of sites were considered for this development and this site was selected for many
different reasons and he felt it would greatly benefit the Town of Algoma.
Mr. Vanden Heuvel questioned if the meeting for the rezoning of the site would be a public forum.
Mr. Burich replied that it would be a public hearing so residents would have an opportunity to voice their opinions
if desired. He further stated that this item would be going to the Common Council meeting next Tuesday for the
final approval from the City followed by a meeting with Winnebago County regarding the rezoning issue and the
site plan review would be going in front of the Town of Algoma Board and Plan Commission for their approval.
Mr. Vanden Heuvel also questioned who the list of names and addresses attached to the staff report represented.
Mr. Burich responded that those were the parties that received a meeting notice regarding the item being reviewed
today.
Motion by Borsuk to approve the extraterritorial conditional use permit for a 50 bed nursing facility
located adjacent to and west of 3063 Witzel Avenue in the Town ofAlgoma with the following conditions:
1. Property is rezoned from A -2 General Farming to P -1 Institutional & Recreational Park District
(Winnebago County Zoning)
Seconded by Lowry. Motion carried 6 -0.
There being no further business, the meeting adjourned at approximately 6:29 pm. (Lowry/Nelson)
Respectfully submitted,
Thomas Fojtik
Extraterritorial Zoning Committee Vice - Chairman
Extraterritorial Zoning Committee Minutes 2 May 19, 2009