Loading...
HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES FEBRUARY 19, 2002 PRESENT: Lurton Blassingame, Melanie Bloechl, Jack Heinemann, Donald Pressley, Achim Reschenberg, Donald Krueger, Vice Chairman EXCUSED: Lee Bettes, Steven Gehling, John Ruppenthal, Fred Timmerman, and David Borsuk STAFF: Darryn Burich, Principal Planner, Jackson Kinney, Director of Community Development, and Vickie Rand, Recording Secretary The meeting was called to order by Vice Chairman Borsuk. Roll call was taken and a quorum declared present. The Meeting Minutes of February 5, 2002 were approved as mailed (Bloechl/Blassingame). Unanimous. I: CONSENT AGENDA A: Extraterritorial Land Division/Certified Survey Map 5900 Block of Gibs Road Roehlig Land Surveying & Consulting, petitioner for Ann Tadych, owner, requests Plan Commission review and approval of an extraterritorial land division/certified survey map (CSM) for property generally located in the 5900 Block of Gibs Road in the Town of Vinland. Mary Tadych, 3289 County Road GG, questioned the Staff Report where where it states the owner is proposing to dedicate a 33’ x 1322.82’ (1.0021 acres) section of land along Gibs Road for right of way purposes, noting they hadn’t been contacted by anyone regarding details of this dedication. Mr. Burich stated the dedication was included on the CSM that was submitted by the petitioner and recommended for by the Department of Community Development. He stated the dedication request was most likely a requirement of the CSM by the County and that he would contact the County to work out the details of the dedication with the County. Discussion followed as to why the right of way was needed, and if the owners would be reimbursed for taxes paid on the acre to be taken. Mr. Kinney recommended the item to be laid over until the staff could obtain more information on the property needed for public right of way. Motion by Reschenberg to lay over the item until the March 5th Plan Commission meeting at which time the staff could obtain more information about the right of way needed on Gibs Road. Seconded by Blassingame. Motion carried 6-0. Plan Commission Minutes Page 2 February 19, 2002 B: Grant Permanent Limited Easement for Drainage Purposes to Winnebago County north of 3249 W. 20th Avenue The Department of Public Works requests Plan Commission review and approval for granting of a permanent limited easement for drainage purposes to Winnebago County on the north side of 20th Avenue across from 3249 W. 20th Avenue. The easement is approximately 1,050 feet in area or 70’ x 15’. The subject property is located in the Town of Algoma and is owned by the City of Oshkosh. There was no discussion on this item. Motion by Blassingame for approval of a permanent easement on the north side of 20th Avenue across from 3249 W. 20th Avenue to Winnebago County for drainage purposes. Seconded by Reschenberg. Motion carried 6-0. II: CONDITIONAL USE PERMIT FOR THE TEMPORARY OPERATION OF A THERMAL TREATEMENT UNIT AT 305 CEAPE AVE AND 10 COURT STREET Natural Resource Technology Inc., petitioner, for Wisconsin Public Service Corp.(WPSC), owner, requests Plan Commission review and approval of a Conditional Use Permit (CUP) for the temporary operation of a thermal treatment unit at 305 Ceape Avenue and 10 Court Street. While there are two addresses for this location, the property in question encompasses the general area owned by WPSC south of Ceape Avenue and east of Court Street, except for the area encompassed by the City pumping station and an electric substation, both of which are situated on the far east side of the site. The WPSC property is zoned C-3 Central Commercial District which does allow utility structures through CUP. Mrs. Bloechl questioned what types of measures would be used to control the dust, noise, and odor that may come from this operation, since this was proposed for 24 hours a day, 7 days a week, and there was an elderly residential complex nearby. Connie Lawniczak, Wisconsin Public Service, introduced Roger Trudeau, Spiros Fafalios, and Frank Kellogg from Natural Resource Technology. Ms. Lawniczak stated they have used the same process in Sheboygan and Stevens Point with no complaints on any of Mrs. Bloechl’s concerns. Mr. Kellogg stated they were required to be within 60-70 decibels within a 100’ radius. Mr. Kellogg stated most of the noise was from back up alarms on trucks. Ms. Lawniczak stated those alarms had been changed from beepers to lights during quiet hours in other communities. Mr. Heinemann questioned where the thermal treatment unit would be located on the property. Mr. Fafalios displayed drawings of where the equipment would be located on the site. He also pointed out four air monitoring units that would be located on the perimeters. He stated the air would be monitored on a daily basis, and results would be received within a week. He explained that the actions taken to control dust and odor would be to wet the soil, and add additives to the water to suppress vapors. He also explained the project was scheduled during this time of year to coincide with lower temperatures to keep the odors at a minimum. Plan Commission Minutes Page 3 February 19, 2002 Mr. Pressley questioned what fugitive emissions were. Mr. Fafalios explained fugitive odors were those off of the soil, compared to odors from the equipment. Mr. Reschenberg questioned how the contamination would be contained when it rained. Mr. Fafalios stated that they are required to contain the storm water on the site. He explained the pad of the thermal treatment unit was designed to contain the runoff and treat it before it would return to the site. Mr. Reschenberg also questioned if the trucks would be on the site at all times. Mr. Fafalios stated that trucks will be leaving the site and running over tracking pads located at the exits, which are made up of open stone or gravel to remove soil from tires. He stated they would also have a decontamination station at the site if needed. Mr. Kellogg stated that only soil or materials that couldn’t be treated would be taken off the site, which they estimated at approximately 10 percent. He also stated plastic plastic sheeting would be used on the piles of soil stored on the site to control the odor or to keep under control from the wind and weather. Mr. Reschenberg questioned who would be monitoring the thermal treatment unit operation. Mr. Fafalios stated Wisconsin Public Service and the Department of Natural Resources would be monitoring the site on a regular basis. Mr. Kellogg explained they have treated over 140,000 tons of soil in Wisconsin successfully, with no complaints. He stated they would be obtaining permits for air quality and solid waste. Ms. Lawniczak stated that hauling the soil to a landfill would actually be a cheaper method, however, they have found this process to be a more permanent solution. Discussion followed regarding the kinds of waste that might be found on the site, how deep they were proposing to clean, and how the character of the contaminant would determine how it would be handled. Mrs. Bloechl asked whom the appropriate party would be to call if the process was not operating according to the provisions of the Conditional Use Permit. Mr. Fafalios stated WPS would be the appropriate party to call. Ms. Lawniczak stated mailings will be going to the surrounding property owners, and they will also be invited to a public meeting that will explain the operation. She also stated telephone numbers will be located at the site for people to call with any concerns, and personnel should be on site at all times from WPS and Natural Resource Technology to answer any questions. Mr. Heinemann questioned where the screening would be located, and how long the process would take. Mr. Fafalois stated screening would be installed along Court Street, Riverside Park, and along Ceape Avenue. He estimated the treatment to take 30 to 40 days. Mr. Kellogg stated the thermal treatment unit could handle 25-35 tons of soil per hour. Mr. Reschenberg questioned what they would do with the steam plant buried on the site. Mr. Fafalois stated they were planning to leave the steam plant intact. He stated it was 1 foot below grade, extended 6 feet deep and 3 feet wide. Ms. Lawniczak stated they didn’t find any indication of contamination around the steam plant. Mr. Heinemann questioned where the site borings had been done. Ms. Lawniczak stated borings had been done in phases from 1989 to the present by the street and by the river. Plan Commission Minutes Page 4 February 19, 2002 Motion by Bloechl for approval of a Conditional Use Permit found to be consistent with the standards set forth in Section 30-11 (D) of the Zoning Ordinance for the temporary operation of a thermal treatment unit at 305 Ceape Avenue and 10 Court Street with the following conditions: 1) Thermal treatment unit and fencing be removed within 90 days after remediation of soils on site has been achieved in compliance with applicable state and federal regulations. 2) All excess debris generated as part of the remediation process be removed from site when remediation has been completed. 3) WPSC will be responsible for controlling dust, odor, noise and any other health related concerns associated with operation of the thermal treatment unit and related remediation activities. 4) That WPSC indemnify and hold harmless the City of Oshkosh from any claims arising from the operation of the thermal treatment unit and related remediation activities, in accordance with an agreement to be approved by the City Attorney’s Office. 5) That WPSC comply with all requirements of the State of Wisconsin Department of Natural Resources, obtain necessary approvals in that regard, and comply with any other ordinances or governmental entities. Seconded by Blassingame, who noted Natural Resource Technology appeared to be a conscientious firm, and the clean-up needs to be done. Motion carried 5-0. Krueger voting present. III: CONDITIONAL USE PERMIT FOR A CHURCH WITH DAYCARE CENTER, 3200 BLOCK OF W. 9TH AVENUE Reverend Peter Koeshall, New Life Community Church, petitioner, Nicolet Investments of Oshkosh LLP., owner, request the Plan Commission review and approval of a Conditional Use Permit (CUP) to construct a church and daycare center in the 3200 block of W. 9th Avenue. The 20 acre subject property is zoned R-1 Single Family Residence District, which does allow churches and daycare centers through CUP. Mr. Burich introduced the item noting that Mr. Borsuk had contacted him stating he was in support of the CUP, however, he wanted to ensure adequate screening would be installed to screen the parking lot from 9th Avenue. Attorney Russ Reff, 217 Ceape Avenue, representing New Life Community Church, stated the church has an option to purchase the property from Nicolet Investments. He stated the church would like to stay on the west side of Oshkosh because of the day care services they provide. He also explained there are limited sites available in that area because of the Town of Algoma incorporation petition. Attorney Reff pointed out the area was somewhat undeveloped, therefore not disrupting a quiet residential area. Plan Commission Minutes Page 5 February 19, 2002 Attorney Reff reviewed the site plan, stating the “New Life” sign on the front of the church rendering would not be used. He stated they have met the required setbacks, and also have been working with the City regarding drainage issues. Attorney Reff explained that the architect had stated 400 parking stalls was a standard number for the industry, based on 700 worshipers. He stated the entrance would have flared turning lanes, and the landscaping would comply with the City’s requirements. He stated the church would prove to be an asset to the neighborhood, and encouraged the Plan Commission’s support. He stated the architect and representatives from the church were also present to answer any questions. Mrs. Bloechl asked if they were planning a school since a building was designated as such on the renderings. Dick Kempinger, 1928 S. Washburn, stated the school was labeled as such to set it apart from the worship and office areas, and would be for church use, for day care and Sunday School. Mrs. Bloechl questioned the cost of storm water management with the amount of parking lot proposed that is required to be paved. Chris Murawski, representative from STS Consultants, stated he is working with the Department of Public Works on a drainage plan. Discussion followed regarding the storm water drainage, the screening of the property, and the utilities that would service the site. Mrs. Bloechl questioned if improvements were planned for 9th Avenue in the 3200 block in the future. Mr. Kinney stated 9th Avenue is designated as a secondary arterial and will be developed as a 4-lane urban roadway in the future. Attorney Reff stated there would be no problem with dedicating an additional 7 feet of right-of-way to allow for 40 feet of right-of-way north of the centerline of 9th Avenue as condition number three in the Staff Report recommends. Mr. Kinney stated secondary arterials require 80’ of total right-of-way, therefore, right-of-way is requested at this time for future development. Mr. Reschenberg questioned what the time line was for the future expansion as shown on site plan. Mr. Kempinger stated part of the future expansion has already been eliminated, such as the daycare expansion. He stated they are intending to go ahead with the four main buildings in 2002, and doesn’t know of a timeline for further expansion. Mr. Reschenberg also addressed the driveway flares, stating there are recent changes that have been made by the Department of Transportation, and they should check with the Department of Public Works to make sure they are in compliance. He stated he fears traffic will be backed up on 9th Avenue without proper driveway approaches. Attorney Reff stated they realize other approvals are needed besides the CUP, and they will make every effort to provide an asset for the community. Peter Jungbacker, representative from Alexander and Bishop Ltd., who have property to the east of the subject site, questioned how the drainage from the property would effect their site. Plan Commission Minutes Page 6 February 19, 2002 Mr. Murawski stated he will be working with the Department of Public Works regarding the drainage conditions. Motion by Pressley for approval of a Conditional Use Permit found to be consistent with the standards set forth in Section 30-11 (D) of the Zoning Ordinance to construct and operate a church and day care center with the following conditions: 1) A landscape plan be submitted and approved by the Department of Community Development prior to the issuance of a building permit. 2) Subject property is limited to the Zoning Ordinance allowed signage identified in Section 30-37 of the ordinance. 3) An additional 7 feet of right-of-way be dedicated to allow for 40 feet of right-of-way north of the centerline of 9th Avenue prior to issuance of a building permit. 4) Day care center be limited to a license capacity of 75 children with operations Monday through Friday from 6:30 a.m. to 5:30 p.m. 5) Fenced area for enclosure of the playground be solidly screened or landscaped. 6) Future expansion plans be undertaken in conformance with the submitted site plan. Seconded by Heinemann. Motion carried 5-1. Nay: Bloechl. IV: CONDITIONAL USE PERMIT FOR TEMPORARY AUTOMOBILE SALES EVENTS AT 1530 S. KOELLER STREET Community First Credit Union, petitioner, for Menard Inc., owner requests Plan Commission review and approval of a Conditional Use Permit (CUP) to hold two temporary automobile sales events at 1530 S. Koeller Street. The subject property is zoned C-2 PD General Commercial District with a Planned Development overlay which allows automobile sales through CUP. The Zoning Ordinance does not make special exceptions for temporary automobile sales in C-2 districts, thus the requirement of a CUP. Mr. Burich introduced the item, noting the presentation should be considered for Item V as well, since they were basically the same request. Mr. Blassingame asked for clarification on what the Director of Inspection Services stated in his memorandum. Mr. Burich stated building code requirements differ for different occupancy uses. He explained an automobile showroom is required to be separated from the other uses in the strip mall structure and those requirements are not in place. He stated ventilation requirements also apply for an automobile showroom for more than 6 vehicles, therefore the petitioners would need to make modifications to the building if they want to park vehicles inside. Plan Commission Minutes Page 7 February 19, 2002 Mr. Reschenberg asked the difference between parking a car or a boat inside, since Citizens First Credit Union wants to include a boat sale in conjunction with the car sale. Mr. Burich stated a boat is considered a vehicle according to the building code. Tim Seborski, Vice President of Lending at Community First Credit Union, stated they want to hold a 3-day temporary event, which will meet all fire codes as required by the Fire Department. Mr. Seborski stated they intend to park cars on the exterior lot in such a fashion that would allow open spaces near Koeller Street for better traffic control. He stated they will provide clean up and security for the site, with security on hand 24 hours. He noted they also would leave adequate parking space available for customers of the other tenants in the mall. Mr. Seborski stated they have had other successful sales such as this throughout the Fox Valley, which have included indoor showrooms. He stated that 9 dealers will be involved in the sale, and they will allow 15 cars per dealer inside the old Menard’s store. He stated they will carry insurance for the event, and noted the event should have a positive financial impact on the community. Mr. Heinemann questioned the total number of cars involved in the sale, and the amount of traffic the sale would generate. Mr. Seborski stated they anticipate approximately 400 cars on hand for the sale. He stated an average of 20-40 additional cars (customer cars) were expected on site at any time during the sale. He noted employee parking will be in the back of the old Menard’s building. Mrs. Bloechl questioned how they intended to park 400 cars on the lot. Mr. Seborski stated approximately 135 cars would be inside the building. Mr. Kinney stated condition number six points out the vehicles to be placed inside the building are to be placed in compliance with applicable building and fire code requirements, and the issuance of a CUP can’t over-ride these requirements. Discussion followed on the capability of parking cars inside and outside. Mr. Seborski stated the dealers might be limited to the number of cars they can display according to the number of cars allowed inside. Mrs. Bloechl stated sales such as this have been held at Fairgrounds or Expo Centers at other communities, and questioned why the Menard’s site was chosen. Mr. Seborski stated the high visibility of the location was an attraction for the dealers. Mrs. Bloechl questioned if the pictures of the signage in the Staff Report was what was intended for these sales. Mr. Seborski stated that was the signage that was intended for use, and they planned to meet the setback requirements. Mr. Reschenberg stated he is concerned with vehicles parking inside the building, the petitioners complying with the fire codes, and also about the insurance coverage. Jeff Putzer, Community First Credit Union, 2626 S. Oneida Street, Appleton, stated a Fire Inspector will inspect the site before they are allowed to start the sale. Tim Seborski stated they may not even park vehicles inside. Plan Commission Minutes Page 8 February 19, 2002 Gary Witzke, 910 W. Murdock, Titan Auto Sales, stated they don’t want anyone to break any laws by permitting the sale, and pointed out Wisconsin Statutes set guidelines for public safety. He stated an indoor/outdoor sale along with a massive group is more attractive and provides a lot of hype for the area. He also stated he has been involved with these types of sales in Appleton and Fond du Lac, and would like to see a sale held in Oshkosh to keep the business in the City. Chip Koonen, Vice President of Business Development for Community First Credit Union, stated the signage pictured in the Staff Report was not necessarily the signage that would be used, but an example of what has been used at other sales. He stated he would be glad to work with the City on appropriate signage. Matt Matco, Citizens First Credit Union stated they were looking to further their business in the Oshkosh area. He stated the old Menard’s site was a great location, and this sale would be a wonderful opportunity to promote the Oshkosh area. Motion by Pressley for approval of a Conditional Use Permit for a temporary sales event at 1530 S. Koeller Street with the following conditions: 1) All signage to be placed on the site be placed in compliance with the Zoning Ordinance and require a building permit prior to placement. 2) No signage shall be placed on the site prior to seven days before the actual event occurs. 3) All signage to be removed within one day after the sale has ended. 4) The sales event to be held over only 3 days each in March and September. 5) Vehicles cannot be placed on the site prior to seven days before the event begins and removed by the Saturday following the event. 6) Vehicles to be placed inside the building are to be placed in compliance with applicable building and fire code requirements. Seconded by Blassingame. Motion carried 5-1. Nay: Bloechl. ADDENDUM ITEM I: CONDITIONAL USE PERMIT FOR TEMPORARY AUTOMOBILE AND BOAT SALES EVENTS AT 1530 S. KOELLER STREET Citizens First Credit Union, petitioner, Menard Inc., owner, requests Plan Commission review and approval of a Conditional Use Permit (CUP) to hold two temporary automobile and boat sales events at 1530 S. Koeller Street. The subject property is zoned C-2 PD General Commercial District with a Planned Development overlay which allows automobile sales through CUP. The Zoning Ordinance does not make special exceptions for temporary automobile or boat sales in C-2 districts, thus the requirement of a CUP. Motion by Pressley for approval of a Conditional Use Permit for a temporary automobile and boat sales event at 1530 S. Koeller Street with the following conditions: Plan Commission Minutes Page 9 February 19, 2002 1) All signage to be placed on the site be placed in compliance with the Zoning Ordinance and require a building permit prior to placement. 2) No signage shall be placed on the site prior to seven days before the actual event occurs. 3) All signage to be removed within one day after the sale has ended. 4) The sales event to be held over only 3 days each in March and October. 5) Vehicles cannot be placed on the site prior to seven days before the event begins and removed by the Saturday following the event. 6) Vehicles to be placed inside the building are to be placed in compliance with applicable building and fire code requirements. Seconded by Blassingame. Motion carried 5-1. Nay: Bloechl. There being no further business, the meeting adjourned at approximately 5:33 p.m. (Blassingame/Reschenberg). Unanimous. Respectfully submitted, DARRYN BURICH Principal Planner DB/vlr