Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES APRIL 2, 2002 PRESENT: Lurton Blassingame, Melanie Bloechl, David Borsuk, Jack Heinemann, John Ruppenthal, Fred Timmerman EXCUSED: Lee Bettes, Steve Gehling, Don Krueger, Don Pressley, Achim Reschenberg STAFF: Jackson Kinney, Director of Community Development; Darryn Burich, Principal Planner; Darlene Matulle, Recording Secretary The meeting was called to order by Chairman Borsuk. Roll call was taken and a quorum declared present. The minutes of March 19, 2002 were approved as distributed. I: CONSENT AGENDA A) Extraterritorial Land Division – 5281 Sherman Road Roehlig Land Surveying and Consulting, petitioner, Mark Spatt, owner, requests approval of an extraterritorial two lot land division for property generally located at 5281 Sherman Road in the Town of Oshkosh. B) Extraterritorial Land Division -1700 Block of Parkwood Drive Paul Groskreutz Sr., owner requests approval of an extraterritorial three lot land division for properties in the 1700 Block of Parkwood Drive in the Town of Nekimi. Mr. Burich wished to make a correction. The proposed land division on Parkwood Dr. is in the Town of Nekimi, not the Town of Oshkosh as noted on the agenda and in the staff report. Motion by Ruppenthal, seconded by Bloechl to move approval of the consent agenda as corrected. Motion carried 6-0. II: TEMPORARY CONDITIONAL USE PERMIT /3870 JACKSON STREET Larson Nursery Inc., petitioner, Community Church of Oshkosh, owner, requests approval of a temporary Conditional Use Permit for a nursery operation at 3870 Jackson Street. It is the intent of the petitioner to purchase 3 acres of this 5 acre site later this year, rezone the property from residential to commercial and apply for a permanent conditional use permit for the nursery operation. In the meantime, the petitioner is requesting a temporary use permit to take advantage of the April, May and June planting and sales period. Mr. Burich noted the applicant has indicated he will be fencing in the site with a combination of solid and chain link fencing. Mr. Rodney Larson, President, Larson Nursery Inc., indicated the driveway would be shared with the existing day care because the Wisconsin Dept. of Transportation will not allow another driveway on Jackson Street. Parking for the nursery operation will be adjacent to Jackson Street. Plan Commission Minutes Page 2 April 2, 2002 Mrs. Bloechl was concerned about yet another church that has far more land than they need and now want to sell it off. The neighbors built their homes or purchased their homes with the understanding that the adjacent land was zoned residential and was a church. She inquired if this operation was going to be like Stein's Gardens or Zillges where rocks and sand are piled high with dirt flying? Mr. Larson replied he will be installing 5 ft. high large concrete bunkers to put the stones, rocks and sand in. Also a 6 ft. fence will be installed around the site. On occasion equipment may have to be parked on site which would include a company truck, a flatbed and a skidster. There will not be any semis or big trucks parked on the site. Mrs. Bloechl inquired when deliveries would be made? Mr. Larson replied during business hours. Mrs. Bloechl stated that could mean Friday nights or Saturday or Sunday. Is that correct? Mr. Larson replied yes. Mr. Ruppenthal inquired if runoff will carry mud and dirt to the sewer? Mr. Larson noted that all of the stock will be in pots and therefore there should be very little, if any, mud or dirt. All aggregate will be in the concrete bunkers. Mr. Borsuk inquired if a storm water pollution prevention plan had been approved? Mr. Kinney noted the proposed use is temporary in nature and the stock and piles could be moved, but a condition could be added that a drainage and storm water pollution prevention plan be approved by the Community Development Department and Public Works that deals with potential drainage issues. Mr. Blassingame inquired where the bunkers would be placed? Mr. Larson replied on the northeast corner of the property. It is proposed to park the trucks and equipment on the northwest corner. Mr. Timmerman stated it was noted that the DOT would not approve another access point from Jackson Street. How would they access this site if a land division were approved? Mr. Kinney stated a cross access agreement would have to be approved. It should be noted, however, that any use for this site would require a cross access agreement. Mr. Jeff Husnick, 3847 Summerset Way, stated the storm sewer runs adjacent to his property and his sump pump runs all the time now. This type of business requires watering of stock, which will increase water runoff. This will also require additional lighting. This will be a commercial nursery and buildings will be taller than the proposed 6 ft. fence. Plan Commission Minutes Page 3 April 2, 2002 Mr. Rick Herbst, 3883 Summerset Way, inquired about putting a 6 ft. fence on the north side, as well as the east and south sides. The proposed location for the bunkers will be in his site vision. It's his understanding that the day care cannot have any more dumpsters. The proposed nursery will increase trash. Where will they go with it? Ms. Bonnie Montgomery, 3811 Summerset Way, did not feel a 6 ft. fence would be adequate. She is concerned about her privacy. She built her home at this location due to the church use. This is a low area and the neighbors will be flooded out. She felt once the use was approved, they would do anything they wanted to. Mr. Scott Bouche, 3801 Summerset Way, noted he has 6 ft. trees on this lot and they do not hide anything. He inquired if the fence will be in front of or behind the existing berm? He would prefer in front of the berm away from his lot line. Mr. Doug Walker, 235 N. 6th St., Winneconne, indicated he does not live in the area but had concerns about the use of pesticides and chemicals. Mr. Steve Johnson, Pastor of Community Church, stated there was not enough land at this location to expand the church which is why they constructed their new facility on Ryf Road. The church now does not need use of the majority of the subject property so it was decided to sell some of it off. Mrs. Bloechl inquired if the church still owned the day care? Mr. Johnson replied yes. Mr. Borsuk stated he believed a commercial use would be the best use of the property. The next question would be the type of use. To make a use less intrusive, issues can be addressed through conditions. Mr. Timmerman inquired about putting a 6 ft. fence on the north side. Mr. Larson replied that could be done. Mr. Kinney noted this is a temporary situation, 6 months or less. The concrete bunkers may not be in the same location when the permanent conditional use permit would be requested. He felt it was not necessary at this time to have the entire north side fenced in, but fencing could be placed on the north so as to screen the adjacent residential area. Mrs. Bloechl noted she could not support this request. It may be temporary but to the adjacent neighbors, this will be here all summer. This should have been a permanent conditional use permit request. Mr. Kinney inquired of Mr. Larson if he planned on purchasing the property prior to rezoning it? Mr. Larson noted the financing is contingent upon receiving the temporary conditional use permit. Plan Commission Minutes Page 4 April 2, 2002 Mr. Ruppenthal stated there were a lot of questions raised that can be answered by allowing this use for 6 months. Motion by Ruppenthal that a temporary nursery is consistent with the standards setforth in Section 30-11 of the Zoning Ordinance and that a temporary conditional use permit for a nursery at 3870 Jackson St. be approved with the following conditions: 1) A landscape plan, which includes a 6 ft. fence, be submitted to and approved by, the Department of Community Development prior to any nursery operations taking place at the site. 2) The Conditional Use Permit shall expire within 6 months of issuance by the Common Council. The petitioner and/or owner(s) shall make application for a land division, rezoning, and permanent CUP within 90 days of approval of the temporary CUP. 3) Any structures to be placed on the site shall be done in accordance with the applicable state and local regulations. 4) Any signage to be placed on the site shall be done in accordance with the City of Oshkosh Zoning Ordinance. 5) Restroom facilities be made available within the main building at 3870 Jackson St. to employees and customers of the nursery operation. 6) Vehicles to be parked in designated hard surfaced parking spaces on the site. 7) Open storage of materials is allowed if screened and placed according to the Zoning Ordinance with final approval of placement and screening to be determined by the Department of Community Development. 8) A storm water pollution prevention plan and drainage plan be submitted to, and approved by, the Dept. of Community Development and Dept. of Public Works. Seconded by Timmerman. Motion carried 4-2 (NAYES: Blassingame & Bloechl) III. REZONE 1904 -1934 ALGOMA BLVD, 1917 HAMILTON ST., 2004 COLUMBIA AVE. AND CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW Thomas Karrels, petitioner/owner requests approval of a rezoning of 1904 -1934 Algoma Blvd., 1917 Hamilton St., and 2004 Columbia Ave. from C-1 Neighborhood Business District to C-1 Neighborhood Business District with a Planned Development Overlay and approval of a conditional use permit for a planned commercial development of the site. Mr. Burich distributed a sheet of revised conditions. Number 11 was added to address the temporary greenhouse which is used from April thru June at House of Flowers. Attorney Gary Yakes, representing Tom Karrels, noted this area is made up of mixed uses. It is Mr. Karrels intentions to remove the dilapidated structures on the south end of the site and construct two new structures; the structure on the northern end of the site would remain. Mr. Karrels has an option on the far southern properties due to environmental issues that must be addressed before the properties can Plan Commission Minutes Page 5 April 2, 2002 be sold. In order to make the project financially feasible, the development will occur in phases. Also new lot lines will be created to run down the center of the parking aisles. Tenants will have cross access and cross parking agreements that will be recorded. This is needed to make this project viable. All private funds are being used; no City funds are being used or requested. Mrs. Bloechl inquired if the Wisconsin Dept. of Transportation has approved of the three accesses on Algoma Blvd.? Mr. Burich indicated he has talked to the DOT in this regard, and they indicated it was up to the City. In reviewing this request, staff did not feel the driveways were an issue because they are existing and there will actually be less driveway width with the new development than the current situation . Mr. John Bergman, 1914 Hamilton St., believed this would be an improvement. Motion by Bloechl to move approval of the rezoning from C-1 to C-1 with a Planned Development Overlay and a conditional use permit for a planned commercial development with the following conditions: 1) A landscape plan be submitted to, and approved by, the Department of Community Development prior to any building permit being issued. 2) The base standard modifications be granted as requested. 3) Any areas where base standard modifications are being granted adjacent to residential areas be landscaped with a more intense level of landscaping to include more mature or larger number of plantings than required by the Zoning Ordinance, to be approved by the Department of Community Development. 4) Areas where the parking lot development directly abuts interior property lines be granted and the interior lot lines be configured to not cross parking stalls or buildings with said changes to the property lines approved by the Department of Community Development. 5) Cross access parking agreements be submitted to the Department of Community Development for approval prior to recording by the applicant. 6) Ground signs signs to be placed so as not to interfere with vehicular egress from the site and that the ground signs incorporate masonry supports or construction and that pylon type signs be prohibited in the setback areas. 7) Corral areas as indicated on the site plan be enclosed with cedar board on board fencing with solidly screened gates. 8) Driveways be flared in accordance with local ordinances. 9) Should the northern most building at 1934 Algoma Boulevard be destroyed or ordered razed, any proposed new structure would have to be reconstructed in accordance with the Zoning Ordinance. Plan Commission Minutes Page 6 April 2, 2002 10) Prior to any structure being placed or constructed within the redevelopment site that the setbacks as approved in the conditional use permit be maintained from any proposed right-ofway changes. The petitioner shall verify that the approved or ordinance required setbacks and sight vision triangles shall be maintained prior to being issued any building permit. 11) Authorize temporary annual greenhouse to locate on the subject site in accordance with the approved site plan with said greenhouse taking up to six (6) parking spaces and allowed annually for the months of April – June. 12) All parking and drive areas to be hard surfaced per the Zoning Ordinance. Seconded by Timmerman. Motion carried 6-0. IV. CONDITIONAL USE PERMIT /1301 KNAPP ST. MCC Inc., petitioner, Vulcan Materials, owner, requests approval of a Conditional Use Permit to operate a concrete batch plant within Vulcan Quarry at 1301 Knapp Street. Mr. Burich noted a letter had been received from Jean Gams, 1760 Alexandra Ct., who was opposed to this request (said letter on file at the Planning Services Division office). Mr. Borsuk inquired about the zoning in this area. Mr. Burich noted there is a mix of manufacturing, commercial and residential zoning and uses. Mr. Heinemann inquired why traffic was being directed to Koeller St. versus Knapp Street? Mr. Burich noted that the Osborn and Knapp intersection is controlled by a stop sign on Osborn, whereas the Koeller and Osborn intersection is controlled by traffic lights. Also Koeller St. will provide easier access to Highway 41. Mr. Burich stated that the Department wanted to minimize the impact of the truck traffic on the asphalt road and into the residential neighborhoods along Knapp Street. Mr. Gene Vandermark, General Manager of MCC, and Todd Brockman, an employee of MCC, appeared before the Commission. Mr. Vandermark stated this request is for a seasonal plant; the plant will not operate during the winter months. This is a state of the art plant, about 28 ft. high and portable, that is approximately 99.6% dust free. A berm will be constructed around the perimeter that will be 20-30 ft. high. The plant will be approximately 12 ft. below grade. MCC proposes to bond the road surface of Osborn Ave. to Koeller St. to handle the extra truck traffic. Roadways will be cleaned and watered daily as needed. Materials are processed as they are needed, which means small stock piles. He noted that no black top operation will be at this location. Approximately 73.6% of MCC’s business is west of Hwy. 41. This location would better serve their customers. Discussion ensued on how the plant and equipment actually operates. Mrs. Bloechl inquired about noise. Is there a decibel reading on this equipment? Plan Commission Minutes Page 7 April 2, 2002 Mr. Vandermark indicated they did not have any noise information with them. However, if the hoppers were larger, the noise would be greater. But with this new state of the art equipment, the noise will be minimal. Mrs. Bloechl inquired if a 6 month temporary use would be feasible to see how the proposed use would affect the area? Mr. Vandermark replied that due to the cost of setup and site preparation, which includes cutting into the large berm for a driveway, a 6 month CUP would not be feasible. MCC would also be entering into an agreement with Vulcan that when Vulcan moves, MCC is also out. Mr. Borsuk believed that background noise from Hwy. 41 perhaps would be more than the proposed operation. Mrs. Renee Reinke, 922 Concordia Ave., Chairperson of the Quarry Advisory Committee, indicated she was opposed to the CUP proposal but if this CUP is approved, the operation should take place on the pit floor, which is about 100 ft. deep. MCC has indicated this is a portable plant. If Vulcan needed to blast in the area, MCC could move its equipment. Ms. Betty Brooks, 1110 Knapp St., stated everyone was aware of MCC’s operation on Jackson Street. Why doesn’t MCC use their Algoma Blvd. site? What are the proposed hours of operation? Ms. Linda Grant, 1405 Cambridge Ave., stated she does not want this operation at this location; this is an inappropriate use. Mr. Don Linder, Area Manager for Vulcan, stated what MCC is proposing is a commitment; it takes a lot of money to get this operation going. The operation will be contained within the quarry site. Vulcan will be working with MCC to make this operation work. Mrs. Bloechl inquired if the portable plant could be put on the floor of the quarry? Mr. Linder believed that would be too much congestion in the pit with both operations there. Ms. Sharon Powers, from Firstar operations, expressed concern about the location of the driveway across from their parking lot and how this proposed use will affect employees. Mr. Adolf Kotschi, 1303 Kensington Ave., felt that with the increased truck traffic, streets will have to be reconstructed again. He was also concerned about dust. Mr. Steve Goyke, 931 Osborn Ave., felt this is a difficult decision. Dust is a big problem with this use. Mr. Tim Todd, Sales Manager with Vulcan, stated this is a proposed blending operation and not a crushing operation. Working together, this operation will benefit MCC, Vulcan and the community. Mr. John Windell felt this is a major commercial area and increased truck traffic could impact that. Plan Commission Minutes Page 8 April 2, 2002 Mr. Paul Schmidt, 1280 W South Park Ave., noted that Vulcan has been a neighbor for years and there has always been a dust problem as well as other concerns. What is the intent of this being portable? Mr. Blassingame stated he supports the request for several reasons. He believed it makes logical sense because it will minimize truck traffic in the City. The zoning is correct. Because of the investment into the facility, there will be virtually no dust. Limited term of existence, perhaps 5 years. The Company is going the extra mile by willing to clean, pave and bond the street. With the berms, it should be fairly invisible. His main concern was truck traffic on Koeller Street. However, truck traffic is estimated at one truck every 30 minutes. That doesn't sound like something the City would have a problem with for the next nine months. Based on these reasons, Mr. Blassingame supported this request. Motion by Blassingame that a concrete batch plant at 1301 Knapp St. is consistent with standards setforth in Section 30-11 of the Zoning Ordinance and a conditional use permit be approved with the following conditions: 1) The CUP shall be valid for a 2 year time frame, and that a request be submitted by MCC, Inc. for an extension of the time frame from that point forward. 2) An agreement be entered into by the petitioner and owner to make them responsible for all costs of road repair on Osborn Avenue due to the concrete batch operations at the subject property. The appropriate bond, insurance, or other documents will be required to be submitted as deemed necessary by the City Attorney’s Office to ensure the repair of the road. 3) Truck traffic shall not be allowed to the east of the proposed drive to Osborn Ave. from the subject property. 4) The gated entrance to the site shall be solidly screened. 5) Vulcan Materials 30 foot wide access easement to Koeller Street shall not be used by any activity related to MCC or its concrete batch operations. Further, during the time that there is a drive from the subject property to Osborn Avenue, use of this access easement shall be prohibited except as approved by the City. 6) The batch plant shall comply with all local regulations and ordinances in effect at the time of issuance of this conditional use permit by the Common Council. 7) A parking and paving plan is to be submitted to, and approved by, the Department of Community Development with all parking and traffic circulation areas to be hard surfaced as determined by the Department of Community Development. 8) Any structures placed on the site shall be placed in compliance with applicable state or local regulations, codes, and ordinances. 9) Batch plant operations and other activities related to concrete manufacture or delivery shall cease when Vulcan Materials commences active quarry operations at an alternative location (i.e., the site acquired by Vulcan south of County Trunk N). Plan Commission Minutes Page 9 April 2, 2002 10) All debris tracked onto a public street as a result of concrete manufacture or delivery shall be removed from the street by the end of the petitioner’s workday at the site. 11) The berm around the property be maintained to screen batch plant operations. If at any time any portion of the berm screening batch plant operations is removed, the screening must be re-established to provide the same intensity and level of screening that existed prior to its removal. Seconded by Timmerman. Prior to roll call, Mr. Timmerman stated he felt this is a good site for this use. Mrs. Bloechl stated she has concerns with this request. MCC has previously come to the Plan Commission with alternate sites and not used them. Do the hours of operation comply with the City’s noise ordinance? Dust is always a problem. Roll call was taken. Motion carried 5-1. (NAY: Bloechl) There being no further business, the meeting adjourned. Respectfully submitted, DARRYN L. BURICH Principal Planner