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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 April 7, 2015 PLAN COMMISSION MINUTES April 7, 2015 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Kathleen Propp, Gary Gray EXCUSED: Steve Cummings, Donna Lohry, Robert Vajgrt, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; David Patek, Director of Public Works; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of March 17, 2015 were approved as presented. (Gray/Hinz) I. RIGHT-OF-WAY DEDICATION ADJACENT TO 4233 WAUPUN ROAD City administration is requesting a 66-foot wide, trapezoidal-shaped right-of-way dedication of a 46,266 square foot (1.062 acre) parcel located adjacent to 4233 Waupun Road. The subject site is located approximately two-thirds mile northeast of the U.S. Highway 41/State Highway 26 interchange. Mr. Nau presented the item and reviewed the site and surrounding area and explained the history of the site. He stated that the property was recently attached to the City and Waupun Road was never formally dedicated to the public. He explained that this section of Waupun Road is not included in the Comprehensive Plan’s Transportation element however the current designation and proposed dedication is mapped for a 66-foot right-of-way which is consistent with the Comprehensive Plan’s recommendation for collector-classed streets. The Department of Public Works has reviewed the request and determined that the dedication was adequate for current and future needs. Mr. Thoms questioned who would be responsible for maintaining this section of the roadway. David Patek, Director of Public Works, responded that since this property has been annexed into the City, the maintenance of this section of the road would be the City’s responsibility. Motion by Thoms to approve the right-of-way dedication for property located adjacent to 4233 Waupun Road. Seconded by Gray. Motion carried 7-0. II. CONDITIONAL USE PERMIT FOR DEVELOPMENT OF A BREWERY LOCATED AT 611 OREGON STREET AND 213 W. 7TH AVENUE The petitioner requests approval of a conditional use permit to permit development of a brewery with accessory taproom and beer sales area. Mr. Nau presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. He discussed the other uses which are mainly commercial or mixed __________________________________ Plan Commission Minutes 2 April 7, 2015 use on Oregon Street with residential uses to the west along W. 7th Avenue. He described the structure at 611 Oregon Street which is 100% developed but is currently vacant. He discussed the history of the site as well as the property at 213 W. 7th Avenue which contains a metal pole building and a 22-stall legal nonconforming off-street parking area. He reviewed the site plan and the proposed brewery operation which would not have any negative effects relating to noise issues associated with this use although there may be some odor omitted from the brewing operation however it would not be offensive and minimal. He described the layout of the site’s operation and the possibility of renovating the second floor at some point to residential units however this would require approval of another conditional use permit before moving forward. No exterior modifications were proposed at this time and he discussed the parking proposed on the W. 7th Avenue site although the C-3 zoning district does not have off-street parking requirements for nonresidential uses. He discussed the striped parking lot that currently exists on this site which is laid out allowing egress by backing onto W. 7th Avenue only which city requirements do not permit on a commercial site. He explained that the petitioner would need to redesign the parking lot to meet these requirements. He discussed truck deliveries to the site which would be made on W. 7th Avenue which is similar to most businesses located on Oregon Street. He also reviewed the waste management proposed for the operation and the initial plans to locate the dumpster enclosure in the structure on W. 7th Avenue which is not allowed by code requirements. The dumpster enclosure has been relocated on the site to be in the front yard area with the approval of a Board of Appeals variance to allow it to be in this location. No signage plans have been submitted at this time but he discussed the potential signage for the site which would require review and approval by the Department of Community Development. He also reviewed the number of employees, hours of operation, and conditions recommended for this request. Mr. Bowen questioned the condition relating to the deed restriction for continued access to the dumpster enclosure as it was located on a separate site from the operations and if it would prevent the two properties from being conveyed separately. Mr. Nau responded affirmatively. Mr. Bowen felt that legal access to the dumpster enclosure could be handled in another fashion such as with an easement agreement rather than the deed restriction. Zachary Clark, 842 Prospect Avenue, petitioner for the proposal, stated that the property may already have a deed restriction in place currently. Mr. Thoms inquired if W. 7th Avenue was able to handle semi truck traffic for deliveries to this site. Mr. Buck responded affirmatively and stated that trucks are required to utilize the shortest distance possible for delivery purposes and 7th Avenue has less traffic than Oregon Street so its use would be more viable for these purposes. Mr. Thoms then inquired if the dumpster enclosure would have to be enclosed. Mr. Buck indicated that the dumpster enclosure would be required by code to be screened on all sides. Mr. Thoms also questioned if the C-3 zoning district allows illuminated signage, and if so, were there any concerns with this issue. Mr. Nau responded that the principal entrance would be located on Oregon Street which was all commercial development therefore he did not anticipate any concerns with illuminated signage. __________________________________ Plan Commission Minutes 3 April 7, 2015 Mr. Buck added that any signage would be at least 200 to 300 feet from any residential units. Mr. Fojtik commented that the situation with the parking and dumpster enclosure being located on the 7th Avenue site was a little odd and questioned if there were any concerns with that issue. Mr. Buck indicated that the parking area on the site was a legal nonconforming use and should not be an issue. Mr. Thoms questioned if anything would have to be done with the parking area as far as if they could store things in the existing building on the site. Mr. Nau responded that they would be able to use the structure for storage as that would be allowed with the conditional use permit approval. Mr. Thoms then questioned if the building on 7th Avenue could be utilized for parking. Mr. Buck responded affirmatively. Mr. Gray commented that since the dumpster enclosure for the operations would be located across the street from the principal site, would the petitioner have to transport the materials to that area. Mr. Nau again responded affirmatively. Mr. Gray inquired about the 22 existing parking stalls and if this number would be reduced due to the requirement of redesigning the parking lot to allow for egress in a forward motion and the placement of the dumpster enclosure outside of the structure. Mr. Nau replied that the number of parking stalls would be reduced by these factors but that it should not be an issue as the C-3 zoning district does not have off-street parking requirements for nonresidential uses. Mr. Gray then inquired if this structure was considered a historical building due to its date of construction. Mr. Buck responded that the building was constructed in 1870 however the structure has been modified to the degree that there is not any historical quality to preserve. Zachary Clark and Ian Wenger were both present as petitioners for this request and offered to answer any questions relating to their proposal. Mr. Thoms commented that there were indications that there would be some odor produced from this operation which would be vented through the roof area and questioned if there was any way to reduce the odor. Mr. Clark responded that the smell would not be offensive and would only last about 4-6 hours and would only occur during the brewing process which was anticipated to be three times a month initially. He further stated that the operation would be vented upward and out through the roof to minimize the odor. __________________________________ Plan Commission Minutes 4 April 7, 2015 Mr. Wenger added that the venting would be mainly in the form of steam and there would be no health concerns related to this issue. Mr. Gray commented that if truck deliveries would be made to the site that the petitioner should be considerate and sensitive to the residential neighbors adjacent to the site. Mr. Wenger indicated that there will not be any truck deliveries to the site initially as they intended to use their own vehicles to deliver their produced product to customers. Mr. Clark added that the width of 7th Avenue was adequate for access even if a truck was parked on the street adjacent to the back of the structure on Oregon Street where deliveries were planned to occur. Mr. Hinz asked to clarify that there would not be semi trucks delivering to the site as the staff report indicated that there would. Mr. Clark responded that they will have semi trucks delivering products to the site initially anticipated to be three times bi-monthly but may increase as production increases. The operation will be a small establishment to start out and deliveries of the finished product would be handled by use of their personal vehicles. Mr. Hinz also questioned if the parking stalls on 7th Avenue would be for the residential uses on the second floor or for customers of the commercial operation. Mr. Clark replied that the parking stalls will be used for the residential use at some point when the apartments are renovated but will be utilized as customer parking currently. They will use the building on this site for parking of employee vehicles. Mr. Hinz inquired if this operation would be similar to the Fratello’s establishment. Mr. Clark responded affirmatively other than it would be on a much smaller scale. According to Mr. Clark, Fratello’s produces approximately 2000 to 3000 barrels per year and they were planning on producing about 300 per year initially. Mr. Bowen suggested that condition #3 be modified in some way to address the continued use of the dumpster enclosure on 7th Avenue without requiring a deed restriction. Mr. Buck stated that the condition could be amended to “the two subject properties shall be tied together to allow for continued legal access of said dumpster enclosure per approval of the Department of Community Development”. Mr. Borsuk questioned if further consideration should be given for parking at this site if tenants would be placed in the existing second story residential units. Mr. Buck responded that it would not be necessary at this time as the petitioner would be required to come back to the Plan Commission for approval prior to this use being established. Mr. Hinz inquired how many residential units were on the second story. Mr. Clark replied that there were four units with three bedrooms each. __________________________________ Plan Commission Minutes 5 April 7, 2015 Mr. Buck stated that there were other options available to handle parking for the residential units, if renovated, such as leasing parking from other businesses however it was not an issue with this proposal. Motion by Gray to approve the conditional use permit for a brewery located at 611 Oregon Street and 213 W. 7th Avenue with the following conditions: 1. Off street parking area located at 213 W. 7th Avenue shall be redesigned to allow for vehicles entering and exiting the site in a forward motion as approved by the Department of Community Development. 2. Proposed development must have a dumpster enclosure. Enclosure shall be located on the 213 W. 7th Avenue property and will require variance approval from the Board of Zoning Appeals for placement in the front yard. 3. If the Board of Zoning Appeals approves a variance for the dumpster enclosure at 213 W. 7th Avenue, the two subject properties (213 W. 7th Avenue & 611 Oregon Street) shall be tied together to allow for continued legal access of said dumpster enclosure per approval by the Department of Community Development. Seconded by Borsuk. Motion carried 7-0. There being no further business, the meeting adjourned at approximately 4:40 pm. (Hinz/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services