HomeMy WebLinkAbout11-427SEPTEMBER 27, 2011 11 -427 RESOLUTION
CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE CONDITIONAL USE PERMIT & PLANNED
DEVELOPMENT FOR CONSTRUCTION OF PRIVATE UTILITY
STRUCTURE FOR ANR PIPELINE, SOUTH OF OMNI DRIVE
AND EAST OF USH 45
INITIATED BY: ANR PIPELINE COMPANY, OWNER /PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit for the planned development of a private utility structure for ANR
Pipeline Company for development of an odorizing building /facility, per the attached, is
hereby approved with the following conditions:
1) Base standard modifications for a 6.9 ft. side yard setback and a 10 ft. front yard
setback for the structure.
2) Base standard modification to allow no on -site parking facilities.
3) A solid wood fence is required to screen the structure and concrete barriers.
Q IHKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jeffrey Nau.
Associate
ner
DATE: September 22, 2011
RE: Approve Planned Development to Construct a Private Utility Facility for ANR Pipeline, South
Side of Omni Drive, East of U.S. Highway 45 (Plan Commission recommends approval)
BACKGROUND
ANR Pipeline Company intends to develop a 4,440 square foot vacant lot with an odorizing building/facility.
The subject site is located on the south side of Omni Drive, east of and adjacent to U.S. Highway 45. The site is
currently U.S. Highway 45 right -of -way; however, the Wisconsin Department of Transportation has agreed to
sell this area to ANR Pipeline for site development.
ANALYSIS
ANR Pipeline Company is proposing to construct a 15 -foot by 31 -foot , 465 square foot structure to house an
odorization facility to enable injection of odorant into their pipeline facilities. The site plan shows the building
to have a 6.9 -foot side yard setback (10.0 feet required) and 10.0 foot front yard setback (25.0 feet required)
requiring base standard modifications for the reduced setbacks. The building is proposed to be a pre - formed
pebbly cast concrete with a three -foot tall concrete barrier surrounding the entire facility for protection from
vehicles straying off Omni or Stearns Drives. As a condition of approval, the Plan Commission recommended
the petitioner construct a solid wood fence to screen the building and concrete barrier. The site will be visited
by employees three to four times a month for inspection and maintenance. The proposed site plan shows no area
for off - street parking but on- street parking is available on Omni Drive and off - street parking at their hub facility
to the west, therefore, the Plan Commission approved a base standard modification for no off - street parking.
The petitioner states that once a year, a tanker will need to replenish odorization chemicals requiring temporary
parking on Omni Drive. During these infrequent times, flagmen will be provided to ensure traffic is not
disrupted. A landscape plan has not been submitted but will need to meet code requirements in relation to
quantities and placement. Drainage and stormwater plans have not been submitted, but they will require
approval by the Department of Public Works.
FISCAL IMPACT
None anticipated other than the project will add new property tax base to the community.
RECOMMENDATION
The Plan Commission approved of this request at its September 20, 2011 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIT /PLANNED DEVELOPMENT REVIEW FOR
PRIVATE UTILITY STRUCTURE, SOUTH OF OMNI DRIVE & EAST OF
U.S. HIGHWAY 45
Plan Commission meeting of September 20, 2011
GENERAL INFORMATION
Applicant: ANR Pipeline Company
Property Owner: Omni Glass & Paint and Wisconsin Department of Transportation
Action(s) Requested:
ANR Pipeline Company is requesting approval of a Conditional Use Permit/Planned Development
review for development of an odorizing building /facility.
Applicable Ordinance Provisions:
Private utility uses are permitted through a Planned Development in the C -2PD General
Commercial District with Planned Development Overlay as regulated in Section 30 -28 of the
Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30 -11 and
criteria for Planned Developments are located in Section 30 -33 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is currently Wisconsin Department of Transportation right -of -way which the State
has agreed to sell to ANR Pipeline. The proposed triangular- shaped parcel is approximately 4,440
square feet (0.10 acres). The site is adjacent to ANR's gas transmission valve hub site located on
Omni Glass and Paint's property located just to the northwest.
Subject Site
Existin Land Use
Zoning
Vacant/U.S. Highway 41 Right -of -Way
C -2PD
Adjacent Land Use and Zoning
Existing Uses
Zonin
North
Industrial - Gas Transmission Valve Hub Site
C -2PD w /Hwy 41 Overlay
South
Vacant/U.S. Highway 41 Right -of -Way
C -2PD
East
Commercial /Industrial — Omni Glass & Paint
C -2PD w /Hwy 41 Overlay
West
U.S. Highway 45
C -2PD
Comprehensive Plan Land Use Recommendation
Land Use
10 Year Land Use Recommendation
Commercial
20 Year Land Use Recommendation
Commercial
ANALYSIS
ANR Pipeline is proposing to construct a 15 -foot by 31 -foot , 465 square foot structure to house an
odorization facility to enable injection of odorant into their pipeline facilities. The site plan shows
the building to have a 6.9 -foot side yard setback (10.0 feet required) and a 10.0 front yard setback
(25.0 feet required) requiring base standard modifications for the reduced setbacks. Staff is
supportive of the reduced setbacks due to the small size of the proposed parcel and close proximity
to the hub station.
The building is proposed to be a pre - formed pebbly cast concrete with a three -foot tall concrete
barrier surrounding the entire facility for protection from vehicles straying off Omni or Stearns
Drives. The petitioner is proposing to screen the building and concrete barrier with a six -foot tall
chain link fencing with slats topped with barbed wire. Staff is opposed to the proposed fencing
with barbed wire and is recommending a solid wood fence without barbed wire to be used to better
screen the site and be more aesthetic.
The petitioner states in their application that the site will be visited by employees three to four
times a month. The proposed site plan shows no area for off - street parking but on- street parking is
available on Omni Drive. Staff has no concern with the proposal not providing off - street parking
as the facility will have extremely low maintenance /monitoring requirements and is recommending
a base standard modification for not providing any off - street parking. The petitioner states that
once a year, a tanker will need to replenish odorization chemicals requiring temporary parking on
Omni Drive. During these infrequent times, flagmen will be provided to ensure traffic is not
disrupted.
RECOMMENDATION
Based on the information provided in the application as well as the information contained in the
staff report, staff recommends approval of the CUP /PD for a private utility structure /facility with
the following conditions:
1) Base standard modifications for a 6.9 -foot side yard setback and 10 -foot front -yard
setback for the proposed structure.
2) Base standard modification to allow no on -site parking facilities.
3) A solid wood fence be required to screen the structure and concrete barriers.
The Plan Commission approved of the conditional use permit for the planned development of a
private utility structure /facility. The following is the Plan Commission's discussion on this item.
Mr. Thorns inquired if landscaping will be required? Also, is the barbed wire permitted? If so, is
it a safety issue?
Mr. Nau replied that landscaping will be required.
Mr. Buck stated barbed wire is only permitted in manufacturing districts and this site is zoned
commercial. Staff does not support a base standard modification to allow the barbed wire.
Item — CUP /PD Omni Dr — ANR Pipeline
Mr. Larry Huber of ANR Pipeline, Eden, Wisconsin, stated barbed wire is used for security
reasons -- to keep people out. This is considered a pipeline and safety precautions must be taken.
Mr. Huber inquired if it was necessary to modify the existing fencing?
Mr. Buck indicated that would be grandfathered in, but having all fencing the same would improve
the aesthetics of the site.
Mr. Huber indicated they could consider refencing the entire site but he would have to check with
the office to see what can be accomplished. With the fence to the lot line, landscaping would be
difficult.
Mr. Nau stated the ordinance would require a couple of shrubs and trees and they would have to be
outside the fence.
Motion by Hinz to move approval of a conditional use permit and planned development
approval for a private utility structure with the following conditions:
1) Base standard modifications for a 6.9 ft. side yard setback and a 10 ft. front yard
setback for the structure.
2) Base standard modification to allow no on -site parking facilities.
3) A solid wood fence is required to screen the structure and concrete barriers.
Seconded by Vajgrt. Motion carried 5-0.
Item — CUP /PD Omni Dr —ANR Pipeline
City of Oshkosh Application
❑ Planned Development Review
OYHKOYH ❑ Conditional Use Permit Review
ON THE WATER
* *PLEASE TYPE OR PRINT USING BLACK INK **
SUBMIT TO:
Dept. of Community Developmc
215 Church Ave., P.O. Box 1131
Oshkosh, Wisconsin 54903 -1131
PHONE: (920) 236 -5059
APPLICANT INFORMATION
Petitioner: l� e z `�;\i `� y� +��`i v� Date: �—O --,::t V)
Petitioner's Address: W 5'12. City: tL C -r State: Zip: 5, 3 "
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Telephone #: ) ' �� ° c-�-- 3 Fax: (`j Other Contact # or Email:
} � '' = a
Status of Petitioner (Please Check): ❑ Owner F<e presentative enant ❑ Prospective Buyer
Petitioner's Signature (required):
=� = 'NI C- -? ,,
OWNER INFORMATION
Owner(s): Its.
Owner(s) Address:
Telephone #: (
Fax: ( )
City:
71f t t
lL �= Date: c' �{-
Date:
_ State: Zip:
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation
Property Owner Consent: (required)
By signature hereon, UWe acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the
property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
SITE INFORMATION
Date:
Address/Location of Proposed Project: 00 - 4 1 �. Ti ,�) Parcel No. `1 tZ -7 a ° `� C , t =:'
Proposed Project Type: (L" & C i
Current Use of Property: �'� `= ` `'U s 4- :�;:�S.vl c s g f 3
Zoning:
Land Uses Surrounding Site: North: 02-1 1 e^ - -e-t 0,
South: V- \ 4 f I CD
East: C---. " ``" c � l
West: 1"1--�"k 4-- 1 t O
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh.
➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE
For more information please the City's website at www.ci.oshkosh.wi.us/ Community_Development /Planning.htm
Staff " U Date Rec'd 5,P
q
Permit Submittal Requirements
Odorization of ANR's pipeline facility is being required by the U. S. Department of Transportation,
Pipeline and Hazardous Material Safety Administration to try to create a safer and easier to monitor
condition of this pipeline system in the Oshkosh area.
Existing property use is a natural ga transmission mainline valve hub site; the proposed use will remain the
same with the addition of odorizing building and equipment. One building structure will be added, an
Ordorization building for injecting of odorant into these pipeline facilities. Plans are to widen the road
shoulder to make a driveway /pull over area to the odorant site to be mainly used during odorant delivery.
Employees will be on site on an as needed basis, expected to be three to four times a month.
Effects to the adjoining properties to be the same as currently existing other than during construction phase.
Traffic will be the same as currently in place except during construction phase. Odorant to be delivered
once a year to minimize possible odorant releasing during filling, road flagman to be provided during tank
filling. This installation is to comply with Federal WDOT requirement for pipelines that fall in an
odorization category.
Impact Statement
A. Water consumption — N/A
B. Sewage Generation — N/A
C. Vehicles Trips — Expected to be 3 to 4 times per month, expected one vehicle at a
time, possible additional if maintenance is required
D. Vehicles to be stored — None
E. Proposed signage — Same as current, pipeline markers on roads, Signs on fence as
currently in place identify company contact information for emergencies.
Operating Hours — 24 hours per day, 365 days per year (same as current use)
F. User Profile — Same as current profile (gas transmission facility).
H. Proposed dates of construction, dependant on receipt of permits, but planned for
October time frame and project is required to be completed before December 31 2011.
I. Unusual conditions — Possible smell of odorant during filling (plans are to fill once a
year to minimize) and odorant and natural gas being odorized are potential fire hazards.
Heavy equipment activity and noise during construction phase.
14. No landscaping planned for this site to keep in compliance with company rules on
planting in pipeline easements.
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CUP /PD- ODORIZATION FACILITY OMNI GLASS & PAINT INC WIS DEPT OF TRANSPORTATION
S OF OMNI DR /E OF USH 45 3530 OMNI DR PO BOX 28080
PC: 09 -20 -11 OSHKOSH WI 54904 8512 GREEN BAY WI 54304
DOWLING DANIEL E
PO BOX 3045
OSHKOSH WI 54903 3045
ANR PIPELINE CO
W3925 PIPELINE LN
EDEN WI 53019
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DISCLAIMER ANR PIPELINE
This map is neither a legally recorded map nor O D O R I ZAT I O N FACILITY
a survey it intended
and not to be used as one.
This drawing is N
compilation v of records, data SOUTH O F O M N I DR &
and information located in n various city, O✓ / HI[OJ 17
l county
and state offices and other sources affecting or, THE wATM
the area shown and it is to be used for reference EAST O F U S H 45 City of Oshkosh
Th City Oshkosh
purposes only. e of is not re- Department Of
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the Community Development
City of Oshkosh.
Created by - dff Scale: 1 200 09/02/11
9
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
ANR PIPELINE
ODORIZATION FACILITY
SOUTH OF OMNI DR &
EAST OF USH 45
Scale: 1" = 1500'
N 0.1HKOIH
ON THE WATM
City of Oshkosh
Department of
Community Development
09/02/11
/0
DISCLAIMER
This map is neither a legally recorded map nor
a survey and it is not intended to be used as one.
This drawing is a compilation of records, data
and information located in various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
ANR PIPELINE
ODORIZATION FACILITY
SOUTH OF OMNI DR &
EAST OF USH 45
Scale: 1 " = 200'
N O.IHKOfH
ON THE WATM
City of Oshkosh
Department of
Community Development
09/02/11