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HomeMy WebLinkAboutMinutesCITY OF OSHKOSH -TOWN OF ALGOMA EXTRATERRITORIAL ZONING COMMITTEE MINUTES JANUARY 18, 2011 PRESENT: Tim Blake, Ed Bowen, Thomas Fojtik, Jeffrey Thorns, Bob Nadolske, Dewey Nelson, Kathleen Propp, Ron Aubrey EXCUSED: David Borsuk, Terry Hamann, STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Deborah Foland, Recording Secretary Chairperson Nadolske called the meeting to order at 5:25 pm. Roll call was taken and a quorum declared present. The minutes of May 19, 2009 were approved as presented. (Nelson/Propp) L EXTRATERRITORIAL CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A SCRAP METAL PROCESSING AND RAIL FACILITY LOCATED AT 4438 STATE ROAD 91 IN THE TOWN OF ALGOMA (CITY EXPANSION AREA) The petitioner is requesting an Extraterritorial Conditional Use Permit for development of a scrap metal processing and rail facility for shipping metals on a 10.26 acre parcel in the Town of Algoma (20 year City expansion area). Mr. Buck presented the item and reviewed the site and surrounding area as well as the existing zoning in said area. He also discussed the location in the Town of Algoma and its proximity to the City and Southwest Industrial Park. He discussed the proposed use and commented that the location was ideal for the applicant as it was on a State trunk highway and had access to a railroad spur. Staff did have concerns with the negative impact it could have on the Industrial Park and he discussed the number of trips in and out of the site by trucks servicing the facility and the hours of operation which would be 7:30 am until 5:30 pm. He reviewed the site plan and two driveway accesses proposed for the site with the approval of the Department of Transportation. Screening was discussed for the site as well as heights for the scrap piles and parking spaces which were not included on the site plan but would be required. Landscaping, lighting, stormwater management and signage plans have not yet been submitted but would be required to meet code standards. He also commented that Chamco had been contacted regarding the request and although they support the project, they did have some concerns with the negative impact it could have on the Industrial Park. He also reviewed the conditions recommended for this request. Ms. Propp left at 5:30 pm. Mr. Nadolske commented that the application indicated that the site would not be accepting drop offs of scrap metal but questioned if that detail should be added as a condition for this request to ensure that the operation does not decide to initiate such practices at a later date. Extraterritorial Zoning Committee Minutes 1 January 18, 2011 Mr. Buck responded that it could be added as a condition if the committee desired, however if the operation decided to change its policy to accept drop offs, it would be required to come back to the Committee for approval of such changes. Mr. Thorns stated that he felt that condition #6 referring to flammable /combustible materials not being allowed as storage could be problematic as the operation would require some type of fuel on site to operate its equipment. Mr. Buck replied that fuel to operate the site would be permissible and that the condition was relating to storage of such materials only. Mr. Thorns also commented on his concerns with the environmental impacts on the land due to the nature of the scrap metal operation. Mr. Buck responded that the applicant would have to meet the Wisconsin Department of Natural Resources (WDNR) regulations which address such issues, and at the City level, zoning review was all that was necessary. Permits for the site would be issued through the Town of Algoma and Winnebago County. Mr. Nadolske added that the commercial building permit process would address these issues. Mr. Thorns also questioned if there would be noise issues or traffic concerns generated from the operation of this site. Mr. Buck replied that he did not anticipate noise issues as the operational hours were from 7:30 am until 5:30 pm. In regards to traffic concerns, the area would experience more traffic with the continued development of the industrial park and the area's recommended 10 -20 year land use was to be industrial. Mr. Thorns suggested that the hours of operation be added as a condition for this request. Mr. Nelson commented that on page 11 of the staff report a 500- gallon diesel fuel storage tank was referenced as being installed on the site. Mr. Buck responded that the diesel fuel storage tank was referenced as fuel to be used to operate the equipment at the facility which petroleum products used to run equipment was different than storage of fuel. He further commented that the condition regarding this could be adjusted by adding "except for what is needed for operational purposes" to the condition. Mr. Nadolske stated that he felt the hours of operation should be added as a condition as well as a condition preventing individual drop offs of scrap metal at this location. Mr. Nelson stated that scrap iron would most likely be hauled from the Witzel Avenue location for processing at this site. Mr. Buck commented that the application materials specifically state that the facility would not accept individual drop offs of scrap metal at this facility and any change to this would require the applicant to come back to the Extraterritorial Zoning Committee for approval. Mr. Thorns questioned what the zoning was for the property to the south of the subject site. Extraterritorial Zoning Committee Minutes 2 January 18, 2011 Mr. Buck replied that it was zoned R -1 currently however the Comprehensive Plan has the area recommended for industrial use in the future. Gary Demler, 4397 State Road 91, stated that his home is just south of where the applicant is proposing to place the second driveway access for the site. He voiced his concerns with traffic issues created by the proposed use and questioned if they would be recycling oil at this site. Mr. Buck responded that the application indicated that there would be no recycling of other products other than scrap metal. Cindy Demler, 4397 State Road 91, stated that she had concerns with noise and traffic from the proposed use and particularly the second driveway access as it will be located in close proximity to their home. She had concerns with it destroying the quiet environment of their home and questioned when this would become operational and how it would affect their property value. She also voiced her concerns with the large sign with flashing lights located at the applicants other site. Mr. Nadolske responded that there would be several months of discussion at the Town level prior to any permits being issued so he did not anticipate any activity taking place until this summer. In regard to the affect on property values, he was unable to speculate the affect this use would have on the Demler's property. The lighted sign at the other scrap metal location has been tested and was found to be a legal sign as the light was not in excess of code requirements. Mr. Blake added that review of any proposed signage for the site would be part of the site plan review for the Town. Ms. Demler also questioned if they would be required to move in the future if the land use was recommended to be industrial eventually and how this process proceeds. Mr. Buck replied that although the 20 year growth plan adopted recommends industrial land use in this area, the current zoning designation is not changing and there were no plans to rezone any lands in this area at the time. The process of purchasing land for other uses is primarily done through a private purchase between a business interested in acquiring the land and the property owner. Mr. Burich added that the Southwest Industrial Park will grow and at some point the City may want to purchase additional sites for this expansion however there were no immediate plans for any acquisitions at this time. With the growth of the Industrial Park, an increase in traffic can be expected in this area. Ms. Demler questioned if the applicant could move the driveway location further away from their home. Mr. Nadolske responded that this issue could be addressed at the Town level during their review process. Ms. Demler also stated that she had heard that the applicant had purchased the farmhouse to the east of the subject site and questioned if they had plans to extend the proposed use to this area. Mr. Buck replied that the application indicated use of the subject site only and any expansion of the proposed use would require the applicant to come back to the Committee for further approval. Peter Donner, Fox Valley Iron Metal and Auto Salvage, stated that they wanted to be friendly with all neighboring property owners and confirmed that they did purchase the adjacent property mentioned with the intention of incorporating it into the subject site. This would enable them to relocate the driveway further away from the Demler's property as their plans would be altered by the recent land acquisition to Extraterritorial Zoning Committee Minutes 3 January 18, 2011 the east. They are also changing their original proposal to now accept individual drop offs of scrap materials as well. He also discussed the strict guidelines for storage and handling of scrap metals which is enforced by the WDNR and the draining of fluids from scrap such as vehicles prior to storage. He explained that he did not feel that noise would be an issue with the facility as it is not a continuous operation throughout the day. The loading of rail cars would be once or twice a week and would be the noisiest use on the site. He did not anticipate any dust or odors being an issue as it has not been a problem at their other location. Mr. Fojtik questioned if the conditions recommended for this request were acceptable. Mr. Donner responded that the berm along the perimeter was somewhat of a concern as it would consume a substantial amount of area on the site. Mr. Nadolske commented that the application does not indicate that this will be a regular scrap yard accepting drop offs. Mr. Buck replied that the analysis that was completed on the submittal would not be correct as both the site and use is apparently changing since the application was submitted. Mr. Donner stated that they wanted to combine the two parcels for the proposed use. Mr. Thorns commented that if both the use and site is changing, it may not be appropriate to vote on this request today. Mr. Aubrey questioned if the applicant was objecting to the installation of the recommended berm to screen the scrap piles. Mr. Donner responded that the fencing was not a problem and the berm could be installed however they did not want to use up that much of the site for its installation. Mr. Nadolske stated that the Town would require the berm to be installed. Mr. Thorns inquired about the anticipated traffic that will be generated to and from the site. Mr. Donner replied that they had no control over traffic and couldn't speculate on how the proposed operation would affect the area. A discussion ensued on whether the request should be laid over, denied, or withdrawn as the original proposal has changed as to both the subject site and the use. It was determined that it would be beneficial to the applicant to withdraw the request at this time and resubmit a new plan with the newly acquired land included and a revised narrative regarding the proposed use. This would provide time for the applicant to work with City staff on a revised proposal and would not create an additional fee for the submission of a new request. Mr. Donner withdrew his current proposal. There being no further business, the meeting adjourned at approximately 6:10 pm. (Blake/Bowen) Respectfully submitted, Bob Nadolske Extraterritorial Zoning Committee Chairman Extraterritorial Zoning Committee Minutes 4 January 18, 2011