HomeMy WebLinkAbout12. 18-583 DECEMBER 11, 2018 18-583 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT REQUEST TO
ESTABLISH AN INSTITUTIONAL RESIDENTIAL USE AT 601
WEST COUNTY ROAD Y
INITIATED BY: WINNEBAGO COUNTY
PLAN COMMISSION RECOMMENDATION: Approved w/ conditions
WHEREAS, the Plan Commission finds that the Conditional Use Permit to
establish an institutional residential use at 601 West County Road Y, is consistent with
the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance; and
WHEREAS, the applicant has requested a maximum of one (1) occupant for the
residential structure at 601 West County Road Y.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a conditional use permit is hereby approved for an institutional residential
use at 601 West County Road Y, per the attached, with 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 residential structure is limited to maximum density of one (1) occupant
and maximum of two (2) bedrooms.
4. Direct access may not be provided to County Road Y from the residence.
TO: Honorable Mayor and Members of the Common Council
FROM: Darryn Burich
Director of Planning Services
DATE: December 5, 2018
RE: Approve Conditional Use Permit Request to Establish an Institutional
Residential Use at 601 West 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
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 applicant states that Section 980 of Wisconsin Statutes requires
the County to identify a suitable place of residence for this offender. Furthermore, the Statute
also requires the offender to be returned to the place where they previously resided, which in
this case is Oshkosh.
The County owned property 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 states there will
be only a single resident living in a pre -manufactured dwelling structure on the site. The
County will bear the cost of establishing utility and other necessary service connections to the
parcel and provide 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 where the
person can be placed with respect to various uses. In particular the resident can't be placed
within 1,500 feet of schools, child care facilities, public parks, places of worship or youth centers.
The applicant owns the surrounding land beyond 1,500 feet from the parcel with none of those
uses existing or planned within that area.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
Winnebago County will own and maintain the structure and grounds.
FISCAL IMPACT
The property being owned by Winnebago County is tax exempt and will not require the city to
extend services to the property. The Police Department has adequate capacity respond to any
potential calls for service at the property and it is also located within close proximity to the
Sherriff's Department.
RECOMMENDATION
The Plan Commission recommended approval of a conditional use permit with conditions at its
December 4, 2018 meeting.
Respectf Submitted,
Darryn Burich
Director of Planning Services
Approved:
-Y�I
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box t 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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ITEM: CONDITIONAL USE PERMIT REQUEST TO ESTABLISH AN INSTITUTIONAL
RESIDENTIAL USE AT 601 W. COUNTY ROAD Y
Plan Commission meeting of December 4, 2018.
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:
Exisfin Land use
ZOnin,.
Government (County)Nacant
I
kdjacent Land Use and Zoning:
Com nhensivePlait Land Use Recommendation
Land Use
2040 Land Use Recommendation
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.
Item— CUP Institutional residential — 601 TV County Road Y
The Plan Commission approved of the Conditional Use Permit as requested with conditions noted. The
following is the Plan Commission's discussion on this item.
Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and
zoning classifications in this area. 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 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.
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.
Mr. Perry stated he would like to ask the applicant more about the prefab house in regard to number of
bedrooms.
Mr. Hinz said the staff report states limited to one occupant.
Mr. Perry said there may be more than one bedroom dependent on what the requirements are for staff.
Mr. Bowen inquired what the next steps would be if this particular resident no longer resides at the
property.
Mr. Burich stated that from staff standpoint, the conditions and the conditional use permit would be
going forward in perpetuity
Mr. Bowen suggested adding a timeline.
Sam Hall, 710 N. Plankinton Avenue, said he is the attorney representing Winnebago County. He
explained that the request is due to the new statutory framework that was updated a year and a half
ago. He said the applicant is currently looking at a two bedroom mobile home unit with one person
residing in it. He said the two bedroom would allow more room for monitoring. He stated he does not
know what the future holds for the parcel or mobile home after the resident leaves. He explained that
because of this uncertainty, it is a reason why the applicant is proposing a mobile home. Mr. Hall gave
background information on the updated statute in regard to the 980 sex offender having to be returned
to their local community. He explained that Winnebago County had to find a suitable place for the
offender to live that met all the setback requirements. He said there were not a lot of sites that satisfied
all those requirement but the parcel does with the added benefit of being close to the Sheriffs
department. He reiterated the uncertainty of next steps for the parcel. He explained that with the
statute and being under court order, there is a tight timeframe/urgency for the County to find suitable
housing. He said the County is willing to comply with all the conditions placed on the request.
Mr. Hinz asked if there would be a possibility of more offenders added to the area. He is concerned
that there may potentially be a community of offenders.
Item— CUP Institutional residential — 601 W County Road Y
Mr. Hall replied he sympathizes with the concern but cannot say what the future may hold for the
property.
Mr. Hinz asked if there have been any discussions about doing a similar request for other offenders.
Mr. Hall replied there have not. He said the County does know of one other offender but that offender
is not subject to this current statute. He explained that the offender to be housed is the only offender
they know of that is subject to the current statute requirements.
Mr. Bowen asked for Mr. Hall to explain the nature of the supervised release and to give background
on typical monitoring practices for this type of offender.
Mr. Hall explained the monitoring is significant. He said the State will be providing a formal
supervised release plan of which has not been submitted.
Mr. Bowen asked what type of monitoring is typical for this offender.
Mr. Hall replied it is similar to a prison. He said the offender would be essentially on house arrest with
no availability of the internet. He said there will also be people onsite monitoring. He reiterated there
will be more details once the State has finalized the supervised release plan.
Mr. Bowen asked if the County would be open to a timeline for review to be added as a condition in
case the property is no longer utilized as requested.
Mr. Hall said he understands the suggestion but has concerns due to the County being under a
statutory court order obligation to find permanent housing. He said adding a review timeline could be
viewed as temporary housing and not permanent.
Mr. Bowen asked what the typical timeframe is for this supervision period.
Mr. Hall replied it varies depending on the offender, the offense, the age and so on.
Mr. Perry asked staff why it is considered an institutional use rather than a residential use.
Mr. Burich explained the type of use requested fits into the zoning ordinance as an institutional
residential use as it will be owned and operated by Winnebago County.
Mr. Lyons added it also fits with the zoning district. He explained if it were to be zoned as residential,
the Comprehensive Plan would have to be amended to do a spot zoning.
Mr. Perry asked for confirmation that the County could not sell the parcel as a residential property
after the requested use is no longer being utilized.
Mr. Lyons replied it could not because institutional does not allow single-family residential plus the
County would have to rezone the parcel which may or may not be approved.
Mr. Hinz said it is County owned and would have to follow the County processes.
Item— CUP Institutional residential — 601 W County Road Y
Mr. Perry inquired if it was possible to add a condition limiting the number of bedrooms to the mobile
home. He stated his concern is that once it is larger than two beds, the County could petition the State
for licensure for an adult family home and there would be no limits for who could reside at the home.
Mr. Burich said it is a reasonable request since the conditional use permit is requesting for a mobile
home for one occupancy.
Mr. Lyons added that under the statute, it would be a reasonable request.
Mr. Perry stated he recommends it as a condition.
Mr. Burich said one of the conditions also states a maximum of one occupant.
Mr. Perry inquired if the condition would hold if the County petitions the State for licensure for an
adult family home. He recommends adding the condition of no more than two bedrooms to prevent
such instances.
Mr. Burich explained there are different statutes in aspects of adult family homes that could prevail
over local preemptions for adult family homes.
Mr. Perry explained what his thoughts would be if he were the County and how he would cut costs by
adding more residents. He said his main concern is adding a third person because of the State
licensure.
Mr. Burich discussed the new language for condition #3.
Mr. Fojtik commented that modifying the condition would still allow the County to comply with the
court order.
Mr. Burich asked who is responsible in respect to the maintenance, facility and the grounds.
Mr. Hall clarified that the County would be the landlord and charging rent but the supervising
requirements belong to the State. He said the State will be paying rent and bear the supervising costs.
He said the County would maintain the grounds just like a landlord.
Mr. Perry asked if the County would contract the supervision services.
Mr. Hall answered that the County does not have the capabilities since the supervision is controlled by
the State.
Mr. Perry asked if the State had contractors or contracted companies they could use for the supervision
services.
Mr. Hall replied that they may.
Mr. Perry suggested again that he would like to add the two bedroom limit as a condition due to
concerns about contractor motives.
Item— CUP Institutional residential — 601 W County Road Y
Mr. Hall stated the County only plans on putting up a two bedroom unit and has no interest to put up
a three bedroom unit.
Mr. Burich suggested to amend condition #3.
Mr. Bowen said he understands the conflict regarding the review timeline but is still concerned with
future communications between the applicant and the City. He stated he is concerned about
establishing a use that could go on in perpetuity. He asked if staff would be in support of another
condition which would be to review the conditional use permit after termination of residency.
Mr. Burich asked for feedback from the Plan Commission.
Mr. Perry clarified that if the County is willing to do the heavy lifting for this offender, this offender
has some significant needs that need to be addressed.
Mr. Bowen said he understands that aspect but is concerned from a planning perspective.
Mr. Burich explained there have been requests that had a review timeline but the intention or the
review was to look at placing additional conditions to the request.
Mr. Perry commented that the property is designed for this particular use and if this offender leaves
the residency, the contractor would find another resident to keep the revenue flowing. He said the
home will always be used to this purpose unless the surrounding areas are sold and turned into
residential development. He said the home could also be directly wired to the Sheriff's department.
Mr. Burich stated they could add a review timeline but it would have to be after the offender no longer
resides at the property.
Mr. Hinz said it could be reviewed every time the home was vacant but that could lead to being
reviewed multiple times a year.
Mr. Fojtik commented that Plan Commission might be limited to what they could do with during the
review.
Mr. Hinz suggested laying down the ground work for the request with limiting the home to a two
bedroom maximum.
Mr. Burich explained that conditional use permits have changed through the years and it is harder to
sunset a request.
Mr. Vajgrt agreed with Mr. Perry on amending condition #3.
Motion by Hinz to amend condition number 3 as follows:
3. The residential structure is limited to maximum density of one (1) occupant and maximum of
tzoo (2) bedrooms.
Seconded by Vajgrt. Motion carried 8-0.
Item— CUP Institutional residential — 601 W County Road Y
Motion by Vajgrt to approve a conditional use permit to establish an institutional residential use for
property located at 601 W. County Road Y with the following amended 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 residential structure is limited to maximum density of one (1) occupant and maximum of two (2)
bedrooms.
4. Direct access may not be provided to County Road Y from the residence.
Seconded by Hinz. Motion carried 8-0.
Item— CUP Institutional residential — 601 W County Road Y
SUBMIT TO:
^,A City pp of Oshkosh Application Depi, of Communlly Development
Clly , 215 Church Ave„ P.O. Box 1130
of Conditional Use Permit Oshkosh,Wlsconsln54903-1130
Oshkosh PHONE: (920) 236.5059
"PLEASE TYPE OR PRINT USING BLACK INK"
APPLICANT INFORMATION
Petitioner; Y �yw-6- do Onjy i bl bate: I I S I
Petitioner's Address: /I --'A �3 AIGIDS ex boolc and City: _ OM00 k State; M Zip; G -M 3
Mmve-(Irr(_0co, WIhvlcloo_�V.
Telephone #: (q2A, 231x-4 53 Fax: (qX) Other Contact # or Email:
Status of Petitioner (Please Check)'';.. ``'Owner ❑ Representative 11Te ant El Pros ective Buyer
Petitioner's Signature (required); W i Date; i) %
OWNER INFORMATION I V)� hd�� Ua�«'' CO LL 11 Se
Owner(s): _ WIYt1C,2Q-t0 Date;
LJ
Owner(s)Address: 49_) A[do la- eVL4CV6ftd City:05hr-OSh State: Zip; 5 03
Telephone #: (92u) 4T63 Fax: (-1.2D) .124- 2110 Other Contact # or Email: &W& aS Q_bQVC-
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership NrCorporation
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: 0 Date; S I
SITE INFORMATION W rl0�6 c�r4��✓' �v'�V)
Address/Location of Proposed Project: _ bbd '626± OcAAhil KckvA Y, 0(k KOJ h i N I 54q01
Proposed Project Type: SlV1G(1-c -fzth'1Y2Siedr0CC;
Current Use of Property: PGt Y- e I C/U ? tS k Vl K S Cd Zoning: •-INdAuh A
Land Uses Surrounding Your Site: North:
South: V)J h 111 2a ti D 80 I."t 0±� �)�J)'1
East: W W %l-LIr AaL t nOIA Vl� — OlVOLIL-) (l,(.I'(�.�
West:
"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.
p 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,cl,oshkosh.wl.us/Community_Development/Planning,htm
Staff Date Rec'd
3
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.
Tlcasc Sec a...+oCkccl
2, Pedestrian and vehicular circulation and safety,
3. Noise, air, water, or other forms of environmental pollution,
'PI easy S (c tq � o e.
4. The demand for and availability of public services and facilities,
fl -ca h Sa. 0'_*Ch e,4
5, Character and future development of the area.
FIS se S<e qk"A- c kccA
SUBMITTAL REQUIREMENTS — Must accompany the application to be complete.
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
El Compatibility of the proposed use with adjacent and other properties in the area,
U Traffic generation
El 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 1 1" 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)
a 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
o 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
a 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
a 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
4
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 sheriffs 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 sheriffs 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
5
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 Sheriffs 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.
191
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.
7
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9
CUP WINNEBAGO COUNTY TOWN OF OSHKOSH - TOWN CLERIC
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
0
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.d,oshkosh.wi.us/GlSdisciaimer
Commission Site
Site Plan
N lin=0.07 mi
A. 1 in = 360 ft
Printing Date:11/16/2018
Prepared by: City of Oshkosh, WI
Oshlkash
User. minak
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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.d,oshkosh.wi.us/GlSdisciaimer
Commission Site
Site Plan
N lin=0.07 mi
A. 1 in = 360 ft
Printing Date:11/16/2018
Prepared by: City of Oshkosh, WI
Oshlkash
User. minak
10
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
JAGISRanninolPlan Commission Site Plan Map TemplataWlan Commission Site Plan Map
lin=0.12 mi
lin=650ft
Printing Date: 11/16/2018
Prepared by: City of Oshkosh, WI
User. minak
11
r.
N
N
1 in 0.07 mi
1 in= 360 ft
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 Printing Date: 11/16/2018
information are responsible for verifying accuracy. For full disclaimer please go to
www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI
Oshkosh