April 6, 2009
Consolidated Plan Commission
7:00 p.m.
Paul Beere called the meeting to order at 7:00 p.m. with Dennis Crombie, Chris
Denman, Maureen Eckert, Chris Johnson, Mark Tamblyn, and Bob Willard present.
James Joseph, Roger Kieffer, and Dean Stapleton were absent. Brian
Wanasek submitted his resignation from the Plan Commission prior to the April
meeting.
Also present: Jonathan Schattner, Zoning Administrator; and Betty Novy,
Secretary.
Pledge of Allegiance.
Minutes. Willard moved, 2nd by Eckert to approve minutes of the January
19, 2009 meeting as printed. Motion carried.
Public Hearings:
B-3 Conditional Use to occupy a portion of an existing multi-tenant commercial
building for a day care center known as “Little Thinkers”: 29134 Evergreen
Drive
Applicant: Groundsupopps Enterprises, LLC; Owners: Bonita Weis
& Thomas Roanhouse
Parcel #176031901021050
Novy reported notice of the public hearing published in the Standard Press March
19th and 26th; with notifications mailed to property owners within 100 feet on
March 23rd.
Schattner presented zoning and site plan application materials. Fran
Kielas was present as operator of the day care center. Tom Roanhouse and
Bonnie Weis, co-owners of the building, were also present. Roanhouse
pointed out Kielas has 32 years in the day care industry, with 22 years as
owner-operator. Weis reported State approval of the facility for 82
equivalent students. It was noted infant care slots are full in the
community. The increased number will allow expansion for that age group.
There was question regarding a sprinkler system for fire suppression. It
was noted the State does not require installation, but that fire extinguishers
will be installed per fire code and all staff will be adequately trained on use.
Traffic flow was discussed. Kielas expects five to six people dropping off
children at the same times daily. To notify drivers of a crosswalk to the
playground area, safety signage will be installed. Additionally, the owner
will be restricting the southern most driveway access to one-way traffic only to
address safety concerns.
The playground area will be 2,600 square feet. Kielas stated there will
never be more than 24 children on the playground at one time due to State adult
supervision requirements. There is a different ratio of adults to children
for every age group. None of the play equipment will be greater than four
feet to eliminate the need for increased fall protection. The playground
surface will be mulch or wood chips. The fencing type has not yet been
decided.
Beere called for additional comments or concerns. None were stated.
Denman moved, 2nd by Tamblyn to close the public hearing at 7:30 p.m.
Motion carried.
Action Items:
B-3 Conditional Use to occupy a portion of an existing multi-tenant commercial
building for a day care center known as “Little Thinkers”: 29134 Evergreen
Drive
Applicant: Groundsupopps Enterprises, LLC; Owners: Bonita Weis
& Thomas Roanhouse
Parcel #176031901021050
Schattner reviewed recommended conditions of approval listed in his memorandum
of March 30, 2009.
As requested on the application form, recommended condition #2 states a limit of
60 children. Weis previously reported 82 equivalent students in the State
approval. Weis requested consideration by the Commission to increase
the number of allowable children to 82. Consensus of the Commission
was to start with 60 children, with an option for the applicant to apply for an
amendment once the site is operational so that any issues can be identified.
As recommended by the Village Engineer, recommended condition #6 requires a
swale to redirect water around the playground area. Weis stated other
options were discussed with the engineer. She requested the item be
amended to allow other drainage solutions. Consensus of the Commission was
to allow amendment contingent on approval by the Village engineer and zoning
administrator.
Tamblyn moved, 2nd by Eckert to approve a Conditional Use Permit to occupy a
portion of an existing multi-tenant commercial building for a day care center
known as “Little Thinkers” at 29134 Evergreen Drive incorporating the zoning
administrator’s recommended conditions with the exception that condition #6 is
to be revised to address water and drainage issues in a way that is satisfactory
to both the Village Engineer and Zoning Administrator. Motion carried.
Zoning Permit/ Temporary Site Plan Review to sell Consumer Grade
Fireworks from a 30’ x 40’ Canopy Tent from June 16- July 10 2009 at 2723 Beck
Drive (Burger King Parking Lot)
Applicants: Vince & Heather Siegel; Owner: Southern Foods Corp
Parcel #176031901021000
Schattner presented zoning and site plan application materials. Applicants
Vince and Heather Siegel were present. Schattner reviewed recommended
conditions of approval listed in his memorandum of March 30, 2009. Denman
questioned applicants on whether fireworks sold in the operation were legal by
State Statutes. Vince Siegel indicated the site is periodically checked by
the Sheriff’s Department. They are diligent regarding legal sales.
It was noted this is an annual operation. Novy reported no past
complaints. There was discussion regarding what type of signage is used.
Siegel reported advertising signage of a 4’ x 20’ or 2.5’ x 10’ banner on the
canopy tent. A banner is also tied to the storage container.
Beere moved, 2nd by Willard to approve a zoning permit and the temporary site
plan to sell consumer grade fireworks from a 30’ x 40’ canopy tent from June 16
– July 10, 2009 at 2723 Beck Drive incorporating the zoning administrator’s
recommended conditions with the exception that condition #3 is to be revised to
allow installation of the above described banners on the canopy tent and storage
container, but to require an additional zoning permit for installation of any
yard signs. Motion carried.
Zoning Permit/ Site Plan Review to operate a St. Vincent DePaul Second
Hand Retail Store with Food Pantry at 2819 Beck Drive (Current site of Freddy
Bears Antique Mall)
Applicants: St. Vincent DePaul
Parcel #176031901020012
Schattner presented zoning and site plan application materials. Applicant/
Agent Lynn Tamblyn was present along with operators of the Racine, Kenosha and
Burlington St. Vincent DePaul (SVDP) stores. Tom Kandathil, Racine SVDP,
reported this site is meant to replace the store’s previous Burlington location.
The previous locale was lost when their lease expired and another tenant offered
to pay double the rent to occupy the space. Food pantry
operations include distribution of food baskets to needy families in Waterford,
Burlington and Rochester. SVDP receives most referrals from churches and
community leaders, however walk in requests are also accommodated. 42 food
baskets are distributed to area families on a weekly basis. All food
items are non-perishable. The business plan is to carry on the same as
they had in Burlington. There was question on whether the site would
receive semi-truck deliveries. It was noted only vans and/or small trucks
are utilized for the business. It was also noted that donated
materials are only accepted during open hours, but that occasionally individuals
leave donated items outside the facility. They attempt to control this
with signage. Additionally, removal of outside items is an established
priority when employees next arrive onsite.
Schattner reviewed recommended conditions of approval listed in his memorandum
of March 30, 2009. The applicants stated no conflict. Eckert moved,
2nd by Crombie to approve the zoning permit and site plan to operate a St.
Vincent DePaul second hand retail store with food pantry at 2819 Beck Drive
incorporating the zoning administrator’s conditions. Motion carried.
Zoning Permit/ Site Plan Review to construct and operate a gas station/
convenience store/ car wash at 151 S. Millgate Drive
Applicants: Millgate Development LLC; Owner: Jim Hurst
Parcel #176031911009020
Schattner presented zoning and site plan application materials.
Applicant Jim Hurst was present. Schattner reviewed comments and concerns
listed in his memorandum dated April 9, 2009. First noted, the submitted
site plan did not comply with setback requirements of the B-4 zoning district.
Three options were identified to remedy the issue: to redesign and comply with
B-4 setbacks; to rezone the property from B-4 to a B-4 with a Planned Unit
Development Overlay District and request modified setbacks to fit the
development; or to apply for a variance to allow the easterly canopy, the
easterly three gas pumps and the garbage receptacle area to remain as shown on
the submitted plan. It was noted a variance was the least preferred
option as the applicant would need to show hardship or unusual circumstances in
order for the variance to be granted.
Hurst questioned relevancy of Department of Transportation (DOT) setbacks from
State Highway 36 as applicable to the fuel canopy and buried fuel tanks.
No one present was able to answer with certainty whether DOT setbacks were
applicable. Hurst requested approval contingent on compliance with DOT
setbacks. Novy noted no approval could be given until the zoning setback
issues were addressed. Beere moved, 2nd by Eckert to table
consideration of the application until the next meeting for clarification of
both DOT and zoning setback issues. Motion carried.
Schattner will follow up with the DOT.
Beere moved, 2nd by Johnson to adjourn at 9:25 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMCPlanning Secretary