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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JULY 5, 2005 PRESENT: David Borsuk, Steven Gehling, Shirley Mattox, Cathy Scherer, Donald Simons, Jeff Thorkildsen, and Jon Dell’Antonia Chairman EXCUSED: Lee Bettes, Kathleen Propp, and John Weinsheim STAFF: Darryn Burich, Director of Planning Services; and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Dell’Antonia. Roll call was taken and a quorum declared present. The meeting minutes of June 21, 2005 were approved as mailed. (Scherer/Thorkildsen) Unanimous. I. CONSENT AGENDA A: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF NEKIMI ROAD AND S.T.H. 175 – Excel Engineering Inc., petitioner, Richard Werner, owner The subject property involves an approximate 40 acre parcel of agriculturally used land that the owner is proposing to parcel off a 2 acre portion to dispose of to his daughter for a residential home site. The parcel is agriculturally used and contains a farmstead with associated agricultural outbuildings. The new lot will be adjacent to Nekimi Road. Mr. Gehling questioned the condition recommended in the Staff Report. Mr. Burich explained that State Highway 175 is a primary arterial requiring an 80’ right-of-way, therefore an additional 7’ is recommended to be reserved at this time for future growth. Richard Werner, 5667 State Highway 175, stated he was available to answer any questions the Plan Commission may have. He also stated he had questions about the 7 feet to be reserved and his questions have been answered. Ms. Mattox questioned where the lot would be created on the property. Mr. Burich used the PowerPoint presentation to show the lot that would be created. Mr. Gehling questioned why the lot was irregularly shaped. Mr. Werner stated they had the lot designed as not to interfere with the natural waterway on the property. Plan Commission Minutes -2-July 5, 2005 B: EXTRATERRITORIAL TWO LOT LAND DIVISION/CERTIFIED SURVEY MAP FOR PROPERTY GENERALLY LOCATED ON DIXIE ROAD IN THE TOWN OF VINLAND – Omnni Associates, petitioner, Fox Valley Fiber, owner The owners are requesting a two lot land division to parcel off an existing light industrial use located on the approximate 103 acre base parcel of land. The split is due to a request from the Town of Vinland to rezone the portion of the property (21+ acres) that is industrially used for manufacturing from the present agricultural classification. The remainder of the base parcel will continue in agricultural zoning and use. Split zoned parcels are not allowed under the Winnebago County Subdivision Regulations so the owner has optioned to split a portion of the property versus zone changing the entire 103 acres to industrial. Ms. Mattox questioned if there was a business on the subject property at this time. Mr. Burich stated Fox Valley Fiber was located on the site, which was a light industrial use. Motion by Thorkildsen for approval of the Consent Agenda with a condition recommended for Item A as follows: Item A: 1) Reservation of an additional 7 feet of land along the S.T.H. 175 frontage. Seconded by Simons. Motion carried 7-0. II: THREE LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 2026 MENOMINEE DRIVE – National Survey and Engineering, petitioner, Art Dumke, etal, owners The owner is proposing to divide the “island” property at 2026 Menominee Drive to create two additional building sites for future development. The CSM proposes lots on each side (north and south) of the existing 4,000 square foot dwelling. The lots are sized as follows: Mr. Gehling questioned what the flood plain elevation was for this site. Mr. Burich stated there is no flood plain elevation and noted the entire lot was buildable. Ms. Mattox questioned what the weight of a Fire Truck was. Mr. Burich stated he didn’t have that answer, however, the Fire Department has reviewed the proposal and a bridge capable of supporting 75,000 pounds would be adequate for their needs. Ms. Mattox questioned if a 20’ wide access easement would be adequate. Mr. Burich stated 20 feet was the minimum width for a fire lane. Mr. Gehling questioned if the Fire Lane was a public drive. Mr. Burich stated the 20 foot wide access easement was a private lane. Mrs. Scherer questioned why the garage needed to be moved. Mr. Burich stated the garage is an accessory structure and is not allowed on the property without a principal structure first constructed on the lot. Plan Commission Minutes -3-July 5, 2005 Ms. Mattox questioned if the garage could remain if it were included in the plan. Mr. Burich stated it could remain with a variance. Ms. Mattox questioned if the width for the fire lane was required by a state code. Mr. Burich stated it was the requirement of an International Fire Code. Randy Schmiedel, 2026 Menominee Drive, stated the current bridge would be expanded. Ms. Mattox questioned if there would be any problem finding room for the easement. Mr. Schmiedel stated there wouldn’t be any problem, it would just be expensive. Mrs. Scherer questioned if he had any problem with meeting the conditions as recommended in the Staff Report. Mr. Schmiedel stated he was concerned with condition number 3, and stated he may apply for a variance. Motion by Scherer for approval of the land division/certified survey map subject to the following conditions: 1) A 28 foot radius be added to the turnaround illustrated on Lot 2. 2) Prior to any new residential dwelling construction, a new bridge be constructed with a design load to accommodate a minimum of 75,000 pounds. 3) The detached garage on Lot 1 is to be removed or a variance issued to allow it to remain without a principal structure; and approval of a variance to Section 30-73 (H)(3) to permit two residential lots to be created without a minimum of 30 feet of width on a street. Seconded by Simons. Motion carried 7-0. III: CONDITIONAL USE PERMIT FOR A VETERINARY CLINIC/ANIMAL HOSPITAL FOR PROPERTY GENERALLY LOCATED SOUTH OF 1951 S. WASHBURN STREET–Animal Hospital of Oshkosh, petitioner, GDS Properties LLC, owners The Animal Hospital of Oshkosh is proposing to relocate its veterinary clinic from 1951 S. Washburn Street to the subject property located on the adjacent lot to the south. The project involves the construction of a new 4,858 square foot clinic that will provide full veterinary service for small pets such as dogs, cats, pockets pets and exotics. Service includes medical procedures, radiology, critical care, routine vaccinations and health exams. Mr. Burich introduced the item and noted that he would like to amend condition number 2 in the Staff Report because of the distance to the intersection in this high traffic area. Plan Commission Minutes -4-July 5, 2005 Mr. Simons noted that on page 2 of the Staff Report, it mentioned that the lighting plan doesn’t comply and that no landscape plan had been submitted and questioned if conditions would be needed to address these issues. Mr. Burich stated that conditions won’t be needed as the lighting plan and landscape plan need to meet ordinance requirements in order to obtain a building permit. Mr. Burich also noted that the overnight boarding and outside area have been designed with enhanced architectural materials. Dr. Diane Grede, 1951 S. Washburn Street, stated she was available to answer any questions the Plan Commission may have. Chairman Dell’Antonia asked Dr. Grede to comment on the noise issue. Dr. Grede stated they haven’t received any complaints on noise, and it shouldn’t be an issue when pets are kept overnight. She stated that dogs would be the main concern, and if they are kept overnight they would be in critical condition and not have any energy to bark. She also stated the building will be constructed with materials extending to the roof that are designed for kennel use, allowing no dead space, therefore any noise would not be heard outside. She also stated that dogs would not be boarded unsupervised and in the case of quarantine being needed 80% of the time it involves cats, and there is no noise issue with cats. Ms. Mattox questioned if 37 parking spaces were needed. Dr. Grede stated the parking lot was designed to allow access into the adjacent lot. She stated future expansion for them is questionable at this time, and although not all of the parking spaces may be needed, the parking lot is designed with concern for animal safety. She explained as the adjacent property is developed the clientele may not be familiar with their business and with this design the traffic for the adjacent property should be able to stay to the south. Mr. Gehling questioned how many parking stalls were required. Mr. Burich stated 18 parking stalls were required along with 1 additional stall per 1000 square feet, and 37 are shown on the site plan. Mr. Simons questioned if grass or landscaping would be required if the parking stalls were removed. Mr. Burich stated the owner would most likely be asked to remove a portion of the parking spaces that are closest to Washburn Street, and he questioned if that would be a reasonable request. He stated the Plan Commission needs to consider how the parking lot affects the Conditional Use Permit. Chairman Dell’Antonia stated it appears it would be better to have the area paved since development will occur at some time on the adjacent lot. Mr. Gehling questioned if the driveway to the north would be the best and if there were minimum guidelines that the Transportation Department would have in order for the existing driveway to remain as is. Mr. Burich stated cross access for the site vs. single access is recommended. He explained the traffic route, and the possibility of vehicles stacking up from Washburn Street to 20th Avenue. Ms. Mattox questioned if stormwater runoff was being planned for with such a large portion of land being paved. Mr. Burich stated the Department of Public Works reviews the drainage and grading of the site. Plan Commission Minutes -5-July 5, 2005 Motion by Thorkildsen for approval of a Conditional Use Permit for an animal hospital found to be consistent with Section 30-11 (D) of the Zoning Ordinance subject to the following conditions: 1) Submission and approval by the Department of Public Works for a grading and drainage plan. 2) Site plan to be redrawn to show future cross access to development area to the south to include a cross access agreement. 3) Boarding is limited to pets undergoing surgical medical procedures, health emergencies and sickness, or under quarantine for rabies observation. Seconded by Simons. Motion carried 7-0. IV: CONDITIONAL USE PERMIT FOR AN UNATTENDED FUELING STATION LOCATED AT 2100 S . KOELLER STREET (HARDEES RESTAURANT PROPERTY) – Olsen Brothers LLP, petitioner, Aviation Restaurant Corp. owner The petitioner is proposing to operate an unattended fueling station on the south end of the Hardees site in the overflow and truck parking area. The project involves installation of underground fuel tanks, two pump islands, a canopy, pylon sign, and control panel. The fuel station is unattended and operates 24 hours per day. Anticipated customer use is 200-300 vehicles over a 24 hour period. Mr. Burich introduced the item and noted that he had received one phone call from a citizen concerned with people who are on a fixed income damaging their cars by using a less expensive fuel that may not be recommended for their vehicle. Phil Junger, Utica Energy, 4995 Highway 91, stated an “E-85” sticker is located on the pumps showing this as an alternative fuel with a list of vehicles that would be compatible with this gasoline. Mr. Burich questioned if there was any issues with the pump nozzle. Mr. Junger stated there is a special nozzle, although it is the same size as used with unleaded gasoline. He stated if the gasoline was put in the wrong vehicle he didn’t think it would cause any damage other than the check engine light coming on. Mr. Gehling questioned how the general public could find out if their car was compatible. Mr. Junger stated the motoring public could look on the web site for information, information could be found on their fuel door or they can review the E85 sticker at the pump. Ms. Mattox asked where the pylon sign would be located. Mr. Junger stated the pylon sign would be located at the southeast corner of the site and would be larger than the Hardees sign. Chairman Dell’Antonia questioned if there would be an alternative offered for diesel fuel. Mr. Junger stated more companies are offering an alternative to diesel fuel and there are special regulations to follow for gas stations who do offer it. He added they have no intention of offering a diesel fuel at this time. Plan Commission Minutes -6-July 5, 2005 Chairman Dell’Antonia questioned if a fuel using 10% ethanol was fairly easy to obtain. Mr. Junger replied it was easy to obtain a fuel which uses 10 % ethanol. Mr. Gehling stated many gas stations have signage to contact an attendant in the event of a spill, and questioned how that would be handled without an attendant present. Mr. Junger stated an absorbent could be provided, although he believed most spills to be rather small. Mr. Simons questioned what percent of vehicles could use this fuel. Mr. Junger stated that they have over 200 cars a day visit their site in Waushara County and manufacturers are producing more cars compatible with this fuel each year. Motion by Gehling for approval of a Conditional Use Permit for an unattended fueling station located at 2100 S. Koeller Street found to be consistent with Section 30-11 (D) of the Zoning Ordinance subject to the following condition: 1) Submission and approval by the Department of Community Development of a landscape plan to screen the control panel housing. Seconded by Thorkildsen. Motion carried 7-0. OTHER BUSINESS -Discussion of Agenda Items Chairman Dell’Antonia stated he is looking for approval from Plan Commission members to have the authority to call the clerk with any items they may wish to add to the following agenda. Mr. Gehling led a discussion regarding a deadline by which to get information to the clerk, and what agenda to put items on depending upon the staff preparation needed. Mr. Borsuk suggested the Plan Commission get a written interpretation of what they are required to do. Chairman Dell’Antonia stated the open meetings law is the issue that has come to light regarding “Other Business” on the agenda. Discussion continued regarding whom to contact with information, staff, Chairman or Vice Chairman and who would be contacting the staff. Mrs. Scherer suggested they keep a flexible outlook on agenda items in relationship to the number of applications that come in for Plan Commission review. Motion by Scherer to adopt the process to inform the clerk of an item to be added to the agenda at least one week prior to the meeting and to verify the item with either the Chairman or Vice Chairman. Seconded by Thorkildsen. Motion carried 7-0. Chairman Dell’Antonia stated he would like to discuss holding a workshop to get started on updating the Zoning Ordinance at the July 19th meeting. Plan Commission Minutes -7-July 5, 2005 Ms. Mattox confirmed that was the number one priority of the Comprehensive Plan. Mr. Borsuk stated at an appropriate meeting in the future he would like to discuss several items which include: 1) Grading and Drainage Plans 2) Highway 41 Corridor Overlay 3) Shoreline Development per the Comprehensive Plan 4) Valuation of Goals of the Comprehensive Plan Chairman Dell’Antonia stated those items could be discussed when staff feels it is an appropriate date regarding the length of the agenda. There being no further business, the meeting adjourned at approximately 7:11 p.m. (Gehling/Scherer). Unanimous. Respectfully submitted, DARRYN L. BURICH Planning Services Director DLB/vlr