HomeMy WebLinkAboutItem IIIPLAN COMMISSION STAFF REPORT DECEMBER 4, 2018
ITEM III: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH AN INSTITUTIONAL
RESIDENTIAL USE AT 601 W. COUNTY ROAD Y
GENERAL INFORMATION
Applicant/Property Owner: Winnebago County
Action(s) Requested:
The applicant is requesting a conditional use permit to establish an institutional residential use at 601
W. 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:
Existtn 'qud Use
Zonin
Government (County)Nacant
I
Adjacent Land Use and Zoning:
Co*mhensizve Plan Lind Ilse Recom' m' endation
Land Use �
2040 Land Use Recommendation
I Community Facility
ANALYSIS
The petitioner is requesting approval of a conditional use permit to establish an institutional residential
facility for a County resident convicted of a sexual offense (Wis. Stat. 980) and deemed ready for
release. The application states that Section 980 of the Wisconsin Statutes requires the County to
identify a suitable place for residence for this offender. The subject parcel meets the parameters of the
Statute, returns the offender to his local community and is close to law enforcement (Winnebago
County Sheriff's Department is approximately 1,100 feet away) who can monitor the situation.
The applicant anticipates there will be only a single resident on the subject parcel and the County
intends to install a pre -manufactured housing structure for the facility. The County will bear the cost
of establishing utility and other necessary service connections to the parcel and providing necessary
access/parking for the facility.
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 institutional residential use as the proposed site seems to be an appropriate
location based on the surrounding County government land uses. No plans have been submitted for
the site or facility. Therefore, staff is recommending a condition that a site plan, landscape plan and
building elevation plan be submitted and approved by the Department of Community Development.
Additionally, a sanitary sewer connection or other on -site sewage system must be provided for the site
and approved by the Department of Community Development. Staff is also recommending that the
use be limited to a maximum of one (1) occupant and no direct access be provided to County Road Y.
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 for an institutional residential use
as proposed with the findings listed above and the following conditions:
1. A final site plan, landscape plan and building elevation plans shall be submitted and approved
by the Department of Community Development.
2. A sanitary sewer connection or other on -site sewer system be provided for the residence as
approved by the Department of Community Development.
3. The residence is limited to maximum of one (1) occupant.
4. Direct access may not be provided to County Road Y from the residence.
Itent III— CUP Institutional residential — 601 TV County Road Y
2
SUBMIT TO;
CityDepl.ment
of Oshkosh Application 215C urchAve,,P.O.ity Box 11 0
pp 215 Church Av„ P.O. Box 1130
City
ofW Oshkosh, Wisconsin 549
Conditional Use Permit PHONE: (920)236-505903-1130
Oshkosh O
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner: '�f4Y �1mo-eh?x�. o Ow n ial��lDate: I) S i
Petitioner's Address: 0 Al6oYw,,; boy1�'t/aKd City: t_J�c4b State:Zip: G MO -3
rvtrrnuG(Ic (02 co, kJlhvle/o�JO-
Telephone #: (qW) 23(0_ 4�53 Fax: (�20) i f I?, Other Contact # or Email: w I .. G..-S _
Status of Petitioner (Please Check): 'J2YOwner ❑ Representative ❑ Te ant n Pros ective Buyer ,r //
PAtitinnp.r'C ClnnnhirA Irpr111IrArll, 11,,vv QI). C%n„ t I 1A n iJ O% Dc'7tP' i) /S /I b
OWNER INFORMATION I JI V1 �upra-�`C4-) co 0 In Se
Owner(s): wlVli21,�O vh't�j Date:
Owner(s) Address: 1 Af(j ooi,/L eoulCvavd, City: OS dsvSh State: W ( Zip: d;4q 3
Telephone #: (9I 0) 230 `41�33 Fax: (q'2n) -174-" T"�M ?) Other Contact # or Email: &G MG QS 6k_�Ve.
Ownership Status (Please Check): n Individual ❑ Trust ❑ Partnership twcorporation
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. a -- A
Property Owner's Signature: 0L4 Date: S
SITE INFORMATION
Address/Location of Proposed Project: b0l NeS+ OnA <y� �T Oak K-C)i k,, (nl j � t�+
Proposed Project Type: ST)��1G(� C -F�h'1(i�r �e S i edrP 1 C�
Lu
Current Use of Property: ') Cfy f. [�/U YY�-(�l ��! iS �t (/1(il. S CG� Zoning: l t �!n
Land Uses Surrounding Your Site: North: r 1l (m oel� 6cq O ouiZbi 'r (X 1 Y of d iiLJ
c�
South: ( 1.%JQtl (7 t�0 I�t 1/�
now )11
East: 1 V) I'iG�GtGiy (aIA _V_ b- 0WVi lit' La 1' d
West: �(4'1VU' �GZI D ��OtitVl C�l�►'l�ai ��
"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
Staff Date Rec'd
K3
Briefly explain how the proposed conditional use will not have a negative effect on the Issues below.
l . Health, safety, and general welfare of occupants of surrounding lands.
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2. Pedestrian and vehicular circulation and safety,
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3. Noise, air, water, or other forms of environmental pollution.
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4. The demand for and availability of public services and facilities,
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5. Character and future development of the area.
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SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
Y 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:
❑ Two (2) full size (24" x 36") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8'/2" x 11 (minimum) to I I" x 17" (maximum) reduction of the building elevations and site plan
❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and
plot style table file (if plans have been prepared digitally)
❑ 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
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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 are no residential occupants 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 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 the proposed conditional use, in the foreseeable future, only a single occupant will
reside on the parcel. That 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 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 a
single resident, Applicant does not intend that demand for public services will increase much at all. The
resident of the parcel at issue may use the same waste management services as the County occupants
of the surrounding land. In addition, the 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
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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 resident 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 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 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 10,000 square
feet, located between the Sheriffs 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 the conditional use permit.
Applicant proposes the parcel at issue be used as a residential plot for a County resident 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 to his local community, and is close to law
enforcement who can monitor the situation.
In the immediate future, Applicant anticipates there will be only a single resident on the identified
parcel. County intends to install a pre -manufactured housing structure on the parcel to house the
resident. 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.
on
Given that only a single resident 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
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 single planned 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
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. 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 (apart from establishing connections
for necessary utilities), Applicant does not believe it is necessary to attach the site plans requested on
page two of the Application for Conditional Use Permit.
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SCALE in Feet
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91268510000
WINNEBAGO COUNTY
204.30 Acre(s)
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TOWN OF OSHKOSH WINNEBAGO COUNTY
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STATE OF WISCONSIN
312.61 Acre(s) ®9
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Legend WI.N.G.S. Project Disclaimer
This data was created for use by the
Tax Wnnebago County Geographic Inforrration
Building Footprints
System project. Any other uselapplication of
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� Tax Parcel (Boundary) user and uchWnn use/bago Condo isatrris
own risk Wnnebago County disclairre all �
liability regarding fitness of the information Datac'6 3 2Ug8
Map Buffer (1,500 feet) for any use other than Winnebago County
Winnebago Count business. 'Data for this rap copyrighted
Wisconsin *Subject Site December31,2006`
8
CUP WINNEBAGO COUNTY TOWN OF OSHKOSH - TOWN CLERK
601 W COUNTY RD Y PO BOX 2808 1076 COZY LN
PC: 12-04-18 OSHKOSH WI 54903 OSHKOSH WI 54901
WINNEBAGO COUNTY
448 ALGOMA BLVD
OSHKOSH WI 54903
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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. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci,oshkosh.wi,us/GlSdisclaimer
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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. Those using the
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer
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Printing Date: 11/16/2018
Prepared by: City of Oshkosh, WI
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