Platteville council denies annexation of 11.55 acres on Western Avenue after residents push for limited-occupancy overlay

Platteville — The Common Council voted Tuesday to deny a petition to annex 11.55 acres on the west side of Western Avenue and to deny the associated preliminary plat, after neighbors urged the council to require a Residential Limited Occupancy (RLO) overlay if the property is brought into the city.

City staff had recommended approval of Ordinance 25-03, which sought annexation and R-2 (one- and two-family residential) zoning and a preliminary plat to create six lots. In a staff presentation, Joe Carroll, city planning staff, said the property met statutory annexation requirements, had access to city water and sanitary service and that the state had reviewed the petition and found it compliant. Staff recommended approving the annexation, the requested R-2 zoning and the preliminary plat "as submitted," with final utility and development details to be addressed in the final plat and a development agreement.

Neighbors spoke repeatedly about preserving the neighborhood around Westview Elementary School and urged the council to apply the RLO overlay, which limits unrelated occupants per dwelling. "Rezoning permits must not adversely affect adjoining or nearby properties," said Kathy Conant, a nearby resident, asking council to include the RLO with any annexation. Diane Nelson, another resident, referenced Platteville's comprehensive plan and a local housing assessment to say residents were willing to accept R-2 only if it carried the RLO designation.

Developer Jim Schneller and engineer Dan Dressen told the council they planned to divide the land into six lots for sale and not to build speculative units themselves. Dressen said infrastructure costs would be roughly $50,000 to $60,000 per lot, and that allowing duplexes (R-2) helped make the project financially feasible. Schneller said, "I do not intend to build them myself," and that the intent was to sell improved lots.

Council debate turned on procedure and authority. Councilmember Ken Killian moved to deny the petition as submitted so the owner could resubmit with the overlay if desired; city staff told members they could not add the RLO to an annexation petition that requested only R-2 zoning. "This property is not in the city," city staff said; "until it's in the city, you're subject to the petition as submitted." The council then voted to deny the annexation as presented. The vote to deny the annexation carried with Lynn Parrott, Barbara Doss, Bob Gates and Ken Killian voting to deny; Kathy Copp voted against the denial.

As a procedural protection, the council then voted to deny the preliminary plat so the plat would not automatically be approved by inaction while the property remained outside the city. Staff warned that if the council took no action on a preliminary plat within the statutory period it could be deemed approved, so the denial preserves the council's options.

What's next: The developer can withdraw and refile an annexation petition that specifically requests the RLO overlay, or the owner may pursue annexation without overlay and then request a later rezoning through the city's normal rezoning process. City staff told the council that rezoning after annexation is possible but would require the standard public process.

Votes at a glance: The motion to deny the annexation as presented carried (affirmative votes to deny from Lynn Parrott, Barbara Doss, Bob Gates and Ken Killian; Kathy Copp voted no). The procedural motion to deny the preliminary plat also carried.

Authorities and documents: Ordinance 25-03 (annexation/zoning/preliminary plat) and the City of Platteville comprehensive plan (cited by residents) were central to the discussion. The council's action was procedural: it denied the petition as submitted rather than adopting an alternate zoning outcome.