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HomeMy WebLinkAbout09-20-11 Plan Commission minutes PLAN COMMISSION MINUTES SEPTEMBER 20, 2011 PRESENT: Ed Bowen, Jeff Thoms, John Hinz, Kathy Propp, Dennis McHugh, Donna Lohry, Robert Vajgrt EXCUSED: David Borsuk, Thomas Fojtik, Steve Cummings, Karl Nellenberger STAFF: David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Darlene Brandt, Recording Secretary Vice-Chair Propp called the meeting to order at 4 pm and a quorum was declared present. The minutes of September 6, 2011 were approved as distributed (Vajgrt/Bowen). CONSENT AGENDA I.A. EXTRATERRITORIAL LAND DIVISION - NORTHEAST CORNER SAND PIT ROAD & LEONRD POINT ROAD (TOWN OF OMRO) Zillges Pines Development, owner, requests approval of a four lot extraterritorial land division in the Town of Omro. Mr. Nau presented the item. There was no discussion on this item. I.B. EXTRTERRITORIAL LAND DIVISION - SOUTHWEST CORNER SAND PIT ROAD & SAND PIT LANE (TOWN OF OMRO) Laura Schmitt, owner, requests approval of a three lot extraterritorial land division in the Town of Omro. Mr. Nau presented the item. Mr. Thoms inquired if there are any wetlands on this property? Mr. Nau replied nothing was indicated on the survey map. Even if wetlands were present, Winnebago County would be the review authority. Motion by Thoms to move approval of the consent agenda. Seconded by Vajgrt. Carried 7-0 __________________________________________________________________________________ Plan Commission Minutes 1 II. REZONING FROM C-2 TO C-2 PD; CONDITIONAL USE PERMIT; PLANNED DEVELOPMENT REVIEW - 1759 WEST 9TH AVENUE Kwik Trip Inc., petitioner, James Lang Properties, owner, is requesting (a) a rezoning from C-2 General Commercial to C-2 General Commercial with a Planned Development Overlay; (b) conditional use permit for an automobile service facility; and (c) planned development approval for construction of a new automobile service station. Mr. Buck presented the item indicating the current use is a legal non-conforming gas station and car wash. Kwik Trip proposes to purchase the site, demolish the existing structures and construct a new 5,800 sq. ft. retail building, 3,800 sq. ft. gas canopy covering 11 pump islands, a potential detention area, truck loading area/refuse enclose, 24 stall parking lot and one access drive onto W. 9th Avenue. Mr. Buck distributed an updated site plan based on discussions the applicant had with staff. The applicant is requesting the planned development overlay be added to the base zoning district to permit base standard modifications for a front yard setback, rear yard setback, side (west) yard setback, and access control modifications to permit a 40 ft. wide driveway with 60 ft. wide curb opening and a reduced lateral clearance. Mr. Buck reviewed the overall site layout noting that approximately 17% of the site will be covered with building/canopy footprint, 53% impervious surface and 30% open space and landscaping. Mr. Buck noted that a letter had been received from the property owner at 932 Moreland Street (on file at the Planning Office) who requested that the berm remain, additional landscaping be provided, and expressed concerns about lighting and increased traffic. Mr. McHugh inquired if a traffic impact study was completed? Mr. Buck replied no, a traffic impact study had not been completed. Mr. Thoms stated the staff report refers to increasing the curb opening by 20 feet, but no condition/ base standard modification is noted in staff's recommendation. Regarding increasing landscaping on the west side, should this be a condition of approval? What plans are there for water detention? Are the underground tanks being disturbed? It was indicated a traffic study was not completed. Is the proposed driveway further east than that proposed by CVS? Mr. Buck stated the base standard modification for the 60 ft. curb opening should be so noted. Landscaping is required by the zoning ordinance and staff is not recommending a base standard modification, so this should not be noted. Mr. Buck did not believe the applicant was required to have detention on site. Underground storage tanks are regulated by the DNR and any compliance would be noted during the site plan review process. Mr. Buck noted the proposed driveway is at the farthest most easterly lot line. He also noted the current curb opening is over 100 ft. wide. The proposed smaller curb cut at 60 ft. wide will create a more controlled situation. Mr. Steve Gohde, Public Works Department, stated the entrance is not beyond the rumble strip in 9th Avenue. Traffic will probably still turn left over the rumble strip. Mr. Thoms inquired of Mr. Gohde if onsite detention is required. Mr. Gohde did not know if the applicant has talked to staff or not in this regard. __________________________________________________________________________________ Plan Commission Minutes 2 Mr. Chris Strong, Transportation Department, stated the current use is a gas station and car wash; the proposed use is a gas station/convenience store. Hard to say how much traffic will increase, if any, but he felt moving the access to the east as far as possible will mitigate incidents. Mr. Strong noted he reviewed crash data for this area and there was nothing of significance. Mr. Thoms inquired of Mr. Strong if a traffic study is recommended for this site. Mr. Strong replied typically you look at a traffic study when there will be an increase in traffic. Current and future uses are similar. The proposed use may generate slightly more traffic, but nothing significant that would warrant a study. Mr. Thoms inquired if the site were to service diesel, would that change Mr. Strong's opinion about a traffic study? His concern is the left turn onto 9th Avenue. Mr. Strong replied trucks can navigate the site without problems. A left turn onto 9th Avenue may take some time to clear, but he did not believe it would be a significant impact. Mr. Hans Zietlow of Kwik Trip, stated they will have diesel, but only for cars and small trucks. The site is not conducive to semi traffic, except for fuel delivery trucks. He was not sure if his staff has been in discussion with City staff regarding storm water detention. He indicated, however, that they are willing to work with the City in this regard. The underground tanks will be replaced and DNR regulations followed. Mr. Thoms inquired if there was a problem with additional landscaping along the west side? Mr. Zietlow replied not a problem. Motion by Thoms to move approval of the following: (a) rezoning from C-2 to C-2 PD; (b) conditional use permit consistent with Section 30-11(D) of the Zoning Ordinance for an automobile service facility; and (c) a planned development for construction of a automobile service facility and related surface improvements with the following conditions: 1) Base standard modifications for the front, side and rear setbacks as proposed. 2) Inclusion of fencing that is open to visibility but limiting to movement from the developed area of the site to the south, as approved by the Department of Community Development. 3) Driveway is designed with one 12 foot ingress & two 11 foot egresses with a 6 foot “rumble strip”/textured mountable median and a 20 foot wide apron. 4) Base standard modification to allow reduced lateral clearance as proposed. th 5) Pedestrian connection is established from the retail building to the public walk on West 9 Avenue. 6) No more than 25% of the north façade (building front) windows be opaque/covered. 7) Existing berms at the south lot line remain in place and landscaping be designed to create enhanced screening to the south and southeast, as approved by the Department of Community Development. __________________________________________________________________________________ Plan Commission Minutes 3 8) Grading, erosion control and stormwater plan is approved by the Department of Public Works and the detention basin is designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. 9) Coordinate with the Public Works Department to incorporate storm water detention if feasible. Seconded by Vajgrt. Motion carried 7-0 III. REZONING FROM C-2 TO C-2 PD, PLANNED DEVELOPMENT APPROVAL, RELEASE OF UTILITY EASEMENTS / 300-304 Ohio Street Mr. Buck stated ImproMed is proposing to construct a two story 14,000 sq. ft. office building and related surface improvements to the east of the current facility at this location. A portion of this site is zoned C-2, while the majority of the site is zoned C-2 PD. The petitioner is requesting a rezoning to encompass the entire site with a planned development overlay. Also as part of the expansion project, there are existing city public utility easements on site that are no longer needed and the petitioner has requested that they be vacated and/or relocated. Mr. Buck noted two base standard modifications are required -- one to create a property line down the middle of the parking lot between 290 & 300 Ohio Street and the other for the new parking area to the northeast that will directly abut the existing sidewalk on the adjacent property. Ms. Lohry inquired if large scale trees are required as part of the landscaping? Mr. Buck replied the Ordinance requires a minimum 1 ¼ inch diameter caliper. Mr. Ron Detjen, President of ImproMed and Osh Inc., thanked staff for working with him in processing this request. Mr. Detjen noted sometimes trees can cause problems with sewers and such, but he will work with staff on the landscaping plan. Mr. McHugh inquired if there will be expansion to the east? Mr. Detjen replied he is not considering anything at this time. However, expanding the overall campus style development is a possibility in the future. Mr. Thoms inquired if the project will be LEED certified or will use enhanced energy systems or other sustainable practices? Mr. Detjen stated the original building was heavily damaged during the last floods and a lot of renovations have taken place. The renovations and the new building may not be LEED, but are above average. Mr. Thoms inquired about drainage? Mr. Detjen indicated they are working with the Public Works Department. Motion by Vajgrt to move approval of the following: (a) rezone from C-2 to C-2 PD; __________________________________________________________________________________ Plan Commission Minutes 4 (b) vacate/relocate utility easements with the condition that the applicant provide legal descriptions for areas to be released/vacated as determined and approved by the Department of Public Works; and (c) planned development approval for a new office building and surface improvements with the following conditions: 1) Add color band at the cornice level of the proposed new building to match existing ImproMed facility. 2) Any landscaping displaced as part of this reconfiguration of the lot lines and the parking lot between 290 Ohio Street and 300 Ohio Street be replaced on the 290 Ohio Street property. 3) Provision of a cross access, parking, and maintenance agreement to be recorded at the Register of Deeds office to be approved by the Department of Community Development. 4) Provide landscaping, elsewhere on site, for landscaping not installed along parking lot perimeter on eastern side of subject property where parking lot abuts private sidewalk. Landscaping can be provided in additional numbers or larger sized plantings. 5) Approval of landscaping plan by Department of Community Development prior to building permit issuance. 6) Approval of a grading and drainage plan by the Department of Public Works. 7) A base standard modification for 0 foot setbacks for the parking areas is granted as proposed. Seconded by Bowen. Motion carried 7-0. IV. AMEND CONDITIONAL USE PERMIT FOR A PET DAY CARE/BOARDING SERVICE FACILITY TO EXPAND OUTDOOR OFF LEASH AREA / 2275 OMRO RD. Mr. Buck stated a conditional use permit was issued in 1990 to allow the pet store and kennel use at this location. The petitioner is proposing to continue the animal/pet service facility with the primary service of dog day care, dog grooming and animal product sales with an amendment to enlarge the current outdoor play area as well as to remove the requirement that all animals outside be leashed. The expansion is proposed to be enclosed with a vinyl fence or chain link fence and landscaped. Ms. Lohry stated this property is adjacent to the gateway to the City. What kind of landscaping is proposed? Mr. Buck replied a landscape plan was not submitted, but a mix of arborvitaes could be used with or without solid fencing, as well as some low level shrubs. Mr. Hinz felt dogs can jump 6 ft. fences and would like to see landscaping that would be thicker to deter jumping. Mr. Pat Sage, representing Ms. BJ Wittenberg, said Ms. Wittenberg could not be present today. Mr. Sage indicated they are concerned for the safety of the dogs and he has seen dogs jump a 5 or 6 ft. high fence so it is a concern of the petitioners as well. The back portion of the lot along Highway 21 has a lot of flooding from the adjacent sites. Some water will drain in the natural swales and detention ponds in the area, but mainly stays on the rear of the property. Mr. Thoms inquired if a detention pond in that area has been considered? __________________________________________________________________________________ Plan Commission Minutes 5 Mr. Sage stated the highway is high and their lot drains toward the building. Both adjacent lots also drain onto their lot creating a constant wet spot. He felt a detention pond would not actually take the water away. Mr. Thoms indicated he would like to see increased vegetation on the outside of the fence. Mr. Sage indicated Ms. Wittenberg wanted an attractive site and did not believe she would have an objection to that. Ms. Lohry advised the applicant that willows and birches soak up excess water and would make excellent landscape trees in that back area. Also vines can be grown on the fence which may deter dogs from jumping. Mr. Buck noted the applicant is meeting all code requirements with the 6 ft. fence but noted that an 8 ft. fence could also be permitted if outside setbacks. Motion by Bowen to amend the conditional use permit to expand the pet daycare/service facility with the following conditions: 1) Fencing be constructed of a solid/opaque material with landscaping or be chain link with solid vegetative screening, as approved by the Department of Community Development. 2) Animals shall be allowed outdoors only with the supervision of staff. Seconded by Vajgrt. Motion carried 7-0. (Mr. Bowen left at this time) V. LAND DIVISION; DEVELOPMENT PLAN APPROVAL / 3300 BLOCK SOUTH WASHBURN STREET - Bergstrom Automotive, petitioner Mr. Nau stated the applicant is requesting approval of a two lot land division and planned development approval of the construction of a used automobile dealership/body shop on proposed Lot 1. Mr. Nau noted that the area reserved for future right-of-way on the survey map will not be shown on the final survey for right-of-way purposes due to the wetlands. A new 28,114 sq. ft. building is proposed for the sales facility/body shop, as well as 450 parking stalls. No base standard modifications are requested. Staff is recommending the inclusion of at least one display pod to maintain a uniform look to the ‘Bergstrom Campus’. Mr. Thoms inquired if the current Insurance Way will be vacated and/or moved to the west? Mr. Buck replied nothing has been determined at this time. Mr. Thoms inquired about cars being parked outside for auto body shop work. The Plan Commission has placed conditions on other requests regarding inoperable vehicles being prohibited and no outside storage. He did not want to see outside storage of wrecked inoperable vehicles. (Ms. Lohry left at this time) __________________________________________________________________________________ Plan Commission Minutes 6 Mr. Steve Gries, architect, stated he had no problems with the conditions and was pleased to see the request/condition that a display pod be incorporated on site. Mr. Gries believed wrecked vehicles could be within a fenced in area. They will work with staff on addressing this issue. Motion by Vajgrt to move approval of the following: a) land division with the condition that right-of-way for Insurance Way be reserved as approved by the Public Works Department; b) approval of a planned development for a used auto sales and body shop with the following conditions: 1) Include a vehicle display pod located in the front along S. Washburn Street, similar to those at the other Bergstrom facilities. 2) Provide an internal drive and access easement to the Bergstrom Subaru site to the north. 3) Incorporate architectural enhancements along the north and south building façades. 4) Pedestrian access (to be constructed in conjunction with South Washburn Street sidewalk installation) is provided. 5) Stormwater, drainage and grading plans are approved by the Department of Public Works. 6) No outside storage is permitted. Any outside storage of inoperable or wrecked vehicles or parts be inside a screened area to be approved by the Community Development Department. Seconded by Thoms. Motion carried 5-0. VI. CONDITIONAL USE PERMIT; PLANNED DEVELOPMENT APPROVAL FOR PRIVATE UTILITY STRUCTURE / SOUTH OF OMNI DRIVE & EAST OF USH 45 / ANR Pipeline, petitioner Mr. Nau stated that ANR Pipeline is requesting approval of a conditional use permit and planned development approval to construct a private utility structure to house an odorization facility that will work with the pipeline facilities. Base standard modifications for side yard and front yard setbacks are being requested, as well as a modification to have no on-site parking facilities. Due to the small size of the lot, staff does not see an issue with the setback modifications being requested. The applicant has indicated that only ANR personnel will be on-site a couple of times a month for maintenance/security checks and on-street parking is available on this section of Omni Drive. Concrete barriers will surround the structure and a chain link fence with slats is proposed as well.. Mr. Thoms 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. 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? __________________________________________________________________________________ Plan Commission Minutes 7 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. PUBLIC ARTS COMMITTEE MEMBER Mr. Buck stated the new mural regulations have been approved. As part of that approval, a Public Arts Committee was created and a member of the Plan Commission will serve on that Committee. Mr. Buck requested a volunteer. It was the consensus of the Commission to lay this item over to the next meeting so more members could be present to determine interest in serving on the committee. There being no further business, the meeting adjourned at 6:00 pm (Vajgrt/McHugh). Respectfully submitted, DAVID BUCK Principal Planner __________________________________________________________________________________ Plan Commission Minutes 8