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HomeMy WebLinkAboutMinutes Plan Commission Minutes 1 October 3, 2006 PLAN COMMISSION MINUTES OCTOBER 3, 2006 PRESENT: Ed Corpus, David Borsuk, Kathy Propp, Cathy Scherer, Jeff Thorkildsen, Shirley Mattox, Ed Bowen, Thomas Fojtik, Jon Dell’Antonia EXCUSED: Steven Gehling, John Weinsheim STAFF: Darryn Burich, Director of Planning Services, David Buck, Principle Planner/Zoning Administrator; David Patek, Director of Public Works, Deborah Foland, Recording Secretary Chairman Dell’Antonia called the meeting to order at 4:00 pm. The minutes of September 19, 2006 were approved as presented. I.A. GRANT DRAINAGE AND GRADING EASEMENTS FOR PROPERTY LOCATED IN THE SOUTHWEST INDUSTRIAL PARK The city is being asked to grant drainage and grading easements for storm sewer purposes to divert water runoff from the new Mercury Marine Plant (under construction) towards the Southwest Industrial Park’s primary detention pond. The subject property was created to be part of the park’s storm water management system within the expansion area. As development occurs, easements may be required to tie into the industrial park’s storm water system, however, these easements will not negatively impact any future City improvements or development in the park. The Department of Public Works has reviewed and approved the easement request. I.B. RELINQUISH STORM SEWER AND SANITARY SEWER EASEMENTS/ACCEPT STORM SEWER EASEMENT FOR PROPERTY LOCATED IN WINNEBAGO COUNTY PARK, 501 E. COUNTY ROAD Y The Department of Public Works is requesting the relinquishment of storm and sanitary sewer easements and the acceptance of a new storm sewer easement located on the west-central area of the subject property. The existing easement does not have the capacity to serve future residential development to the west and the new easement will allow the construction of an underground piping system of a higher capacity to better serve this area. There should not be any detrimental effects to the surrounding properties if this request is approved. The Department of Public Works has reviewed and approved the easement requests. Mr. Borsuk inquired if the current drainage ditch could not have been enlarged? Mr. Patek, Director of Public Works, replied that the County did not feel that would be acceptable as the current location would require the removal of too many trees in the park. Ms. Mattox inquired as to what visible changes this would create in the park? Plan Commission Minutes 2 October 3, 2006 Mr. Patek replied that the water would flow to the west and would be piped underground so there would be no visible water standing unless there would be substantial rainfall. The County would be planting prairie plants in this area as well. I.C. ACQUISITION OF PROPERTY FOR RIGHT OF WAY PURPOSES AT THE END OF MYRNA JANE DRIVE The Department of Public Works is requesting approval to acquire property at the end of Myrna Jane Drive for right-of-way purposes to create a cul-de-sac to improve traffic circulation at the end of the block, which currently ends as a dead end stub street. The subject property involves two parcels of land under the same ownership. There are no plans to extend Myrna Jane Drive to the west due to the presence of the railroad corridor. Ms. Mattox inquired as to the current width of Myrna Jane Drive? Mr. Patek replied that the existing approved street is approximately 20-22 feet wide as this road was developed in the township prior to be annexed into the City. Ms. Mattox inquired as to who is being inconvenienced by not having this cul-de-sac. She stated her concern is the costs to the City for this project. Mr. Patek replied that anyone traveling this street including plows, garbage trucks, and ems will have to use property owner’s driveways to turn around. Chris Marek, 90 Myrna Jane Drive, owner of the subject property, stated that this street has very minimal traffic and he does not mind if his driveway is utilized to complete a turn around. He also stated that this situation has existed for many years and he questioned the necessity of this cul-de-sac now. Ms. Mattox inquired as to what area was used when snow was plowed on this street? Mr. Marek replied that snow was plowed onto his property or off to the side. Ms. Scherer inquired as to what initiated the need for this cul-de-sac? Mr. Patek replied that the City has added gravel to the property at 87 Myrna Jane Drive in the past due to damage caused by vehicles turning around on their property. The property owners on this street did not wish to have Myrna Jane Drive extended. The City recently completed obtaining the south end of the drive from the property owner at 87 Myrna Jane and needed the remaining property to complete the culde-sac, which is a standard road design in the subdivision code. Motion by Borsuk to move approval of the consent agenda as requested. Seconded by Thorkildsen. Motion carried 9-0. II. OFFICIAL MAPPING OF STORM DRAINAGE DETENTION AREAS FOR BROAD STREET BETWEEN E. NEW YORK AVE. & BALDWIN AVE. AND FOR THE CORNER OF 9TH AVE. AND S. WASHBURN STREET The Department of Public Works requests approval to officially map two storm drainage detention areas with Detention Area A generally located at the southwest corner of 9th Avenue and S. Washburn Street and Detention Area B located to the west of the Fox Valley & Western railroad tracks on the 1000 block Plan Commission Minutes 3 October 3, 2006 of Broad Street, between E. New York Avenue on the north and Baldwin Avenue on the south. Detention Area A is comprised of 3 parcels and a portion of a 4th totaling approximately 11.15 acres of land and is currently undeveloped. Detention Area B is comprised of 3 parcels totaling approximately 1 acre of land with two of these parcels developed with single-family homes with the third being vacant. The official mapping action will remove these areas from future private improvement, however, significant flooding problems and the related costs will help to be alleviated through this action. Ms. Propp inquired as to what was planned for the Detention Basin A and where would the water go? Mr. Patek replied that at present the water goes through an easement to the Washburn detention basin where it is held and released to the Washburn easement. Mr. Borsuk inquired if it would be a wet or dry basin and at what efficiency? Mr. Patek responded that Detention Basin A would be a a wet basin that would meet the 40% requirement. Detention Basin B would be a dry basin and would only have standing water in it on a rainy day. Ms. Scherer inquired as to how the location of Basin A was chosen? Mr. Patek replied that the drainage area starts by Bemis and goes across Highway 41. Storm sewers and ditches fill the drainage channel. The City has been looking for vacant land to utilize and these two areas were the only ones suitable. Mr. Borsuk inquired if Basin A would provide flooding relief for the Landmark shopping center? Mr. Patek replied yes. The National Guard Armory and Tipler School areas are also being used. Ms. Scherer inquired as to how the location of Detention Basin B was chosen? Mr. Patek responded that the City first attempted to make the swale deep enough in this area to alleviate the flooding issues, however, it was unsuccessful. Jefferson St., Broad St., Nevada Av. and New York Av. still have flooding issues. The options were to build a relief storm sewer or provide a detention basin in this area. The basin could handle more water and would be more cost effective. Ms. Mattox inquired as to what would happen to the houses on New York Av. and Baldwin Av.? Mr. Patek replied that state law requires that the City have them appraised to determine value and then would eventually be purchased or condemned. The property owner can contract for an independent appraisal if they were not in agreement with the City’s valuation of the property. Ms. Mattox inquired if this had been discussed with the current property owners? Mr. Patek responded no. The City needs to follow a process of steps before this would happen. Ms. Mattox asked if the City needs all 11 acres at Basin A for this purpose? Mr. Patek replied yes. Ms. Propp inquired if other property was considered for Detention Basin B? Plan Commission Minutes 4 October 3, 2006 Mr. Patek responded that the City could purchase homes on Grand Street instead, however, the selected area involves only two houses instead of many. Mr. Corpus inquired if other homes could be affected as well? Mr. Patek replied that there could still be flooding in the area of Tennessee and Eastman Streets, but this would minimize the damage. The City is hoping to begin construction this year or next. Mr. Fojtik inquired if the property owners have been informed that there still may be flooding issues? Mr. Patek responded that the City would be educating citizens the best we can on the issues. Ms. Scherer inquired as to how the homeowners on Grand Street would be affected? Mr. Patek replied that there would be no effect on Grand Street. Gary Eake, G. Earl Real Estate, 947 Trillium Trail, representing Lee Engelman, stated that his client had purchased the property in the Basin A area as an investment and currently has it on the market. He is not opposed to the detention basin, but was interested in the time line of the project. Mr. Patek replied that construction should begin next year. Gail Demler, 2115 W. Ninth Av., stated that her family owns the remaining parcels in the Basin A area and have owned them for more than 50 years. They have been holding the property for future development and feel that there are many acres of land further out that could be used for a detention pond and that this particular area has more potential. Dennis McHugh, 1220 Greenfield Tr., stated that he felt the City could put the plan for the Detention Basin A on temporary hold. He feels that public safety should be a concern in this area as the Cumberland Court housing complex is in close proximity to this proposed pond and the apartment complex houses families with children. He also stated that he feels that the City would be destroying 11 acres of prime land that could be developed commercially and the detention basin could be installed elsewhere. Sue Drexler, 2222 Oneida St., stated that that she sold the home at 423 E. New York Av. on September 8, 2006 and apparently the new owners did not receive the initial meeting notice regarding the plans for this detention basin. She also stated that she owns the other vacant lot in this area and had been holding it for a future sale to another party. She was not aware of the City’s plan for a detention pond here and the City did not inform the purchaser of its plans. Mr. Bruce Klemm, Whitelaw, Wisconsin, commented that his daughter and son-in-law were the purchasers of the home on E. New York Av. He stated that the couple had checked with the City Clerk’s office prior to the purchase and were not informed of the plans to create a detention pond in this area. He understands the administrative process, however, he felt that the City had some problems with communication as they should have informed the buyers of this pending situation. Mr. Patek responded that if the purchaser inquired at the City Clerk’s office regarding the property purchase, they would not have been aware of it. Political bodies had to approve this issue first before it was presented this afternoon to the Plan Commission. Plan Commission Minutes 5 October 3, 2006 Mr. Burich replied that property owners were notified on September 21st using information on the GIS map system that the City maintains, however, this system is not updated daily and the notice apparently went to the former owner instead of the new owner. Sam Sundet, 1331 Maricopa Dr., representing the Demler family, stated that there should be concern about the number of children in this area and if protective fencing should be considered as well as other safety concerns with ponds. He also inquired where the water would go if it would overflow the basin? Mr. Patek replied that the City does not fence detention basins and the water, if it would overflow the basin, would follow the same flow over land as it does now to Washburn Street. Mr. Borsuk suggested that a visual plan would be helpful to refer to in this discussion. Mr. Patek responded that a master map is available in the Public Works department of all the detention areas in the City. Ms. Scherer inquired about the potential for commercial development in the Basin A area and also stated her concern with safety issues. Mr. Patek replied that the City could not find another area for this basin other than taking land from businesses in the Industrial Park. This parcel has been vacant for years and not utilized and commercial development is not obviously viable in this area. In regards to safety, the slope of the pond is not steep nor is the maximum depth and a safety shelf is also installed. Prairie plantings will surround the area to discourage entry similar to the detention area at Jackson St. and Murdock Av. Mr. Burich stated that the Planning Division has not had any contacts from any interested parties to develop this area and it is mainly zoned R-1 for residential homes only. Mr. Borsuk stated that he shared the concerns for possible development at Ninth Av. and Washburn St., however, he feels that it is a better use of the site for the community to alleviate the flooding issues and meet the requirements of the Clean Water Act. Ms. Propp agreed. Mr. Bowen stated that he feels this parcel is too important for development to use as a detention pond. There must be other options. Mr. Corpus inquired if using only part of the parcel would suffice? Mr. Patek replied no. The City needs the entire area. Mr. Thorkildsen stated that he has not heard any talk of development in this area at the Chamber of Commerce and he feels the City should be committed to resolving the flooding issues in this area. Motion by Scherer to approve the official mapping as requested. Seconded by Borsuk. Motion carried 7-1-1. Nays-Dell’Antonia. Present-Bowen (employer was interested in purchasing property) Plan Commission Minutes 6 October 3, 2006 III. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW FOR THE DEVELOPMENT OF AN AUTOMOBILE SERVICE FACILITY (GAS STATION) AND OPEN LEASE SPACE AS WELL AS ACCESS CONTROL VARIANCES AT 1605 BOWEN STREET James Lang, owner, and William Aubrey, petitioner, request a conditional use permit and the approval of a development plan for the establishment of an automobile service station (gas station/convenience) store and open lease space. Also, an access control variance for the number of entrances and the separation distance of said entrances is being requested. The proposed development includes the construction of a 4000 sq. ft. building and a 3700 sq. ft. fuel canopy housing seven fuel dispensers. The automobile service facility and store will occupy approximately one half of the structure leaving the other half available for lease. Signage, landscaping, lighting and stormwater management plans would require review and approval as part of the development plan. Mr. Borsuk inquired if the access to the property from the south and west would need to be addressed through easements? Mr. Buck replied yes and that the site plan review would address the issue. Ms. Propp inquired as to storm water management plans for the site? Mr. Buck replied that the plans have not yet been designed, but they would need to be submitted and approved by the Engineering Department as required in the conditions. Storm water could potentially be retained on or off-site. Ms. Propp inquired as to what the issue was with the abandoned corner site on Bowen St. and Murdock Ave. and stated her desire to see that lot utilized. Ms. Mattox agreed. Mr. Burich replied that there were no remediation issues on that site that he is aware of, but that it is in different ownership than this lot. Mr. Thorkildsen responded that possibly the development on this new site could initiate new interest in the corner site. Ms. Scherer inquired if the proposed electronic message center sign could contain rolling messages? Mr. Buck replied yes, however, no blinking/flashing messages would be allowed. Mr. Bowen inquired if the facility would be open 24 hours? Ms. Mattox inquired if the monument sign could be 6 feet in height rather than 8 feet? She also stated her concern for an electronic sign in a mainly residential neighborhood. Pete & Nick Lang, and William Aubrey, owners/petitioner, replied that the facility would be open potentially from 6:00 am to 11:00 pm and the canopy lights would be off at night. Mr. Aubrey stated that the 8-foot sign would allow more landscaping to be placed around the sign. Ms. Propp inquired as to why the vacant site on the corner of Bowen St. and Murdock Av. was not considered for this development and questioned if the present site was big enough to accommodate this proposed development? Plan Commission Minutes 7 October 3, 2006 Mr. Lang replied that they did not consider the corner site as the traffic at that intersection is too heavy, but he feels the current site has ample room available. Ms. Scherer inquired if the electronic sign was really necessary and what type of restaurant would be occupying the lease space? Mr. Lang replied that they feel it is more attractive than the reader boards commonly used for gas stations and it offers more information for their customers. He also stated that the occupant for the lease space has not yet been decided. Ms. Mattox inquired about the storm water management plans for the site and the number of parking spaces being created? Mr. Aubrey replied that the storm water management plan has not yet been completed, but he felt it would be most beneficial to utilize an easement to drain the water to a designated detention area. Mr. Patek stated that the storm water management would be required to be addressed as this site has experienced flooding issues in the past. Mr. Buck responded that the storm water management plan would be required to be reviewed and approved by the Engineering Department as stated in the conditions. Mr. Lang replied that the parking spaces to be created would be 26. The additional spaces would be to accommodate the lease tenant at the facility. Mr. Borsuk stated that he would be in support of this development, however, he feels that the City should look into the vacant property on the corner of Bowen St. and Murdock Av. and see if something could be done with it. Motion by Fojtik to approve the conditional use permit and access control variance with the following conditions: 1) Base code modification to allow the placement of a monument sign, no greater than 8’ tall, with a 13-foot front yard/Bowen setback. 2) Vegetation at the entrances within 15’ of the right-of-way be limited to a maximum height of 30”. 3) The height of the light poles be limited to 24’ and the fixtures be angled no greater than 90 degrees with illumination levels at all lot lines meeting code. 4) Plans relating to stormwater management be reviewed and approved by the Engineering Department. 5) Access routes not used be closed off. 6) Ingress-Egress lanes are marked with painted arrows on the pavement indicating turn movement. Seconded by Thorkildsen. Carried 9-0. Plan Commission Minutes 8 October 3, 2006 IV. ZONE CHANGE AND CONDITIONAL USE PERMIT/PRELIMINARY DEVELOPMENT PLAN REVIEW FOR A MIXED-USE DEVELOPMENT (LESNICK FARM) Timothy/Pamela Lesnick, owner, and WM Development, petitioner, request a zone change to add a planned development overlay district (PD) to approximately 177 acres of agriculturally zoned lands to establish an A-1PD zone. They are also requesting approval of a conditional use permit/preliminary development plan for a mixed-use development that would entail commercial, multiple family, and single family uses. The petitioners are requesting approval of the preliminary development plan so they may proceed with more detailed engineering, subdivision, and development plans that will require additional CUP/PD and plat approvals by the City. Ms. Scherer inquired as to why a zoning change would be required? Mr. Burich replied that this was necessary for a planned development overlay district. Ms. Scherer inquired as to why the planned development overlay was necessary? Mr. Burich responded that this would give the developers some comfort that the subsequent phases of their plan would be acceptable so that they could move forward with the concept they were proposing for the site. Ms. Propp inquired as to what the lot sizes would be in this development? Mr. Burich replied that all lots would meet the standards for the development. Ms. Propp also inquired if a new ramp access would be constructed in this area? Mr. Patek responded that the Wisconsin DOT had plans to install a grade separated interchange with ramps on County T and Ryf Road in 2009. Ms. Mattox inquired if the City had a vision for this newly developing area? Mr. Burich replied that it would be a combination of mixed density residential properties and scattered commercial areas following proposed land use plans and at this time the owners/petitioners are seeking approval of the concept only. Ms. Propp inquired if the antenna tower currently standing would be remaining in the area? Mr. Burich replied yes. The lease contract on the tower does not expire until 2011. Ms. Scherer if trails and other natural features would be incorporated into this development? Mike Lee, 1035 Keppler Drive, Green Bay, representing the owner/petitioners, responded that trails may be internally incorporated into the development, however, those details have not yet been addressed. A park was to be included as part of the development, but its location and size is still in question. Ms. Mattox inquired what impact this would have on the school district in this area? Mr. Burich replied that he has not heard any opposition from the school district at this time. Plan Commission Minutes 9 October 3, 2006 Motion by Scherer to approve the zone change and conditional use permit/preliminary development plan with the following conditions: 1) Subsequent phases of development shall require additional CUP/PD reviews, zone changes, and plat approvals as necessary. Seconded by Borsuk. Carried 9-0. V. CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW TO ALLOW PLACEMENT OF NURSERY STOCK AT THE CORNER OF STH 44 AND STH 91 Lenn/Elizabeth Rohde, owner/petitioner, is requesting a conditional use permit/development plan approval to permit placement of nursery stock on an undeveloped parcel of land located at the corner of STH 44 and STH 91. The owner/petitioner is requesting to place nursery stock (trees) from their nursery in Neshkoro on the subject property until such time as the trees are removed and installed on a customer’s property. Mr. Thorkildsen inquired as to the storage of mulch on the site? Mr. Burich replied that this would be permitted, however, it would be required to be be screened in some fashion.Motion by Borsuk to approve the conditional use permit with the following conditions: 1) No ingress/egress access to STH 44. 2) Parking area to be hard surfaced per Zoning Ordinance Specifications. 3) No open storage of any materials, other than nursery stock, on site. 4) No open storage of vehicles or agricultural equipment and/or implements. 5) Nursery stock to be placed in organized rows on the site per the submitted site plan. Seconded by Thorkildsen. Carried 9-0. There being no further business, the meeting adjourned at approximately 6:30 pm. Respectfully submitted, Darryn Burich Director of Planning Services