June 1, 2009
PLAN COMMISSION
7:00 p.m.
Mike Weinkauf called the meeting to order at 7:00 p.m. with Paul Beere, Maureen
Eckert, Chris Johnson, James Joseph, Tom Rowntree and Mark Tamblyn present.
Betty Novy, Secretary; Jonathan Schattner, Zoning Administrator; and John
Tierney, Engineer; were also present.
Pledge of Allegiance.
Beere moved, 2nd by Eckert to approve the minutes of the May 4, 2009 meeting as
printed. Motion carried.
Specific Implementation Plan to construct and operate a gas station/
convenience store/
car wash at 151 S. Millgate Drive
Applicants: Millgate Development LLC; Owners: Jim and
Mary Hurst
Parcel #176031911009020
Jim, Mary and Michael Hurst were present representing Millgate Development LLC.
Schattner went over site plan zoning review comments and recommended conditions
of approval outlined in his memorandum dated May 29 2009. Tamblyn moved,
2nd by Joseph to recommend approval of the Specific Implementation Plan
contingent on the following conditions:
1.
Before beginning this project, the applicant or project manager must obtain
zoning permit cards from the Zoning Administrator after paying the zoning permit
fee of $750.00 for the convenience mart with attached canopy, $65.00 for the
detached diesel pump canopy, and $105.00 for the car wash building (total fees
of $920.00). The applicant must also reimburse the Village for all
engineering and/or legal fees incurred for plan review. Zoning permit
cards must be displayed in a prominent location at the project site, and a copy
of these conditions must be kept at the project site at all times until the
project has been completed.
2.
Failure to comply with the terms and conditions stated herein could result in
citations being issued and/or the approval/permit being revoked.
3. This
approval will expire June 10, 2010, unless substantial work has commenced
following such grant. If the Zoning Administrator determines that no
substantial work has commenced, the project may not occur unless the Village of
Rochester Planning Commission grants written extension. A written
extension request must be submitted to the Village Zoning Administrator, by May
10, 2010.
4. The
proposed gas station addition, pumps/canopies, car wash and garbage receptacle
area must be located, constructed, and utilized in accordance with the plans and
documents received by the Zoning Administrator on May 20, 2009. The hours
of operation will be seven (7) days a week from 4:00 a.m. until 12:00 p.m.
5. The
applicant must allow the Zoning Administrator or any Village employee full and
unlimited access to the project site at a reasonable time to investigate the
project's construction, operation, or maintenance.
6. The
applicant must comply with the provisions of Section 14, Performance Standards
found in Chapter 15, Planning & Zoning, of the Village of Rochester Municipal
Code.
7. The
applicant will be allowed to utilize the two driveways outletting onto Millgate
Drive for ingress and egress purposes. In the event that using the north
driveway entrance into the subject site results in stacking of vehicles at the
intersection of Millgate Drive and Washington Avenue, the property owner will be
required to restrict the northerly driveway to an exit only.
8. This
project must comply with State of Wisconsin air pollution regulations.
9. The
landscaping plan must be installed in accordance with the submitted plan
received by the Zoning Administrator on May 20, 2009 and must be implemented
within sixty 60 days of occupancy or, if weather prohibits such installation, by
June 30th following occupancy. All trees, plants, and shrubs must be kept
in a healthy, growing condition. In the event that any of these plantings become
diseased or die, it is the responsibility of the property owner to replace said
tree, shrub, or plant with the same species. Any changes or revisions to
this landscaping plan will require approval from the Village of Rochester
Planning Commission, prior to installation.
10. The lighting plan must
be installed according to the submitted lighting plan received by the Zoning
Administrator on May 20, 2009. The lighting plan must adhere to the
following:
a. Light fixtures must be selected with care
to ensure that they are appropriately scaled in relation to their setting and to
ensure that they are of a style that is compatible with the character of their
immediate environment. Keep site lighting to the absolute minimum necessary.
b. Luminaries must be aimed, shielded, or
relocated to minimize glare.
c. The maximum allowable light
spillover to an adjacent residential property must be 0.5 foot-candles measured
at the property line, four feet above grade. For all other types of land
uses, the maximum allowable light spillover may be 0.75 average foot-candles,
measured in the same manner.
d. After site lighting is installed, the
lighting contractor must calibrate site lighting and provide written
certification that light spillover onto adjacent properties is less than the
maximum allowable measurements specified above.
e. All lighting wires/cables must be
placed underground.
f. Accent lighting may be used to
highlight architectural and landscape design elements when appropriate.
g. When any exterior lighting is
installed or substantially modified, an exterior lighting plan must be submitted
to the Rochester Zoning Administrator in order to determine whether the
requirements of this section have been met.
h. Illumination of uses must meet the
Illuminating Engineering Society of North America (IES) minimum standards.
i. Pedestrian walkways and
parking areas must be illuminated to a sufficient level to provide for security.
11. A complete and thorough
maintenance program must be established to insure attractiveness. The
continued positive appearance of buildings and property is dependent upon proper
maintenance attitudes and procedures. Maintenance programs must be
established that include watering, maintaining, and pruning all landscape
planting areas; cleaning up litter and emptying trash containers in a timely
fashion; sweeping, cleaning, and repairing paved surfaces; replacing broken and
vandalized parts; replacing burned out light bulbs; and cleaning, painting, and
repairing windows and building facade.
12. Outside storage is
prohibited, and this property must be kept free of any accumulation of refuse or
debris. Refuse bins and/or scrap material (recycle) bins must be screened
from public view. Outside placement of an LP tank exchange station
is acceptable.
13. Parking must be provided as
shown on the submitted site plan. Each automobile parking space must be a
minimum of nine feet wide and 180 square feet in area, exclusive of the space
required for ingress and egress. Handicapped spaces must be provided in
accordance with Village of Rochester Ordinance, State of Wisconsin and/or
American Disability Act requirements, whichever is more restrictive.
Aisles and spaces must be clearly marked. The driveways serving this
operation must be located according to the submitted plan. The driveways
and all parking areas must be maintained in all-weather, dust-controlled
condition.
14. During construction, this
site must have graveled roads, access drives, and/or parking areas of sufficient
width and length to prevent sediment from being tracked onto public or private
roadways. Any sediment reaching a public or private road must be removed
by street cleaning (not flushing) before the end of each work day or as
determined by the jurisdictional highway authority.
15. Any advertising sign on
this property must conform to the Village of Rochester Ordinance standards and
will require a separate zoning permit(s) prior to installation. Beacons,
streamers, pennants, pinwheels, strings of lights not permanently mounted to a
rigid background, and inflatable signs and tethered balloons are prohibited.
16. The applicant must obtain
all necessary federal, state, and local permits, approvals, and licenses and
must comply with all applicable codes and regulations.
18. No additions, deletions, or
changes may be made to the project, site plan, or these conditions without the
Rochester Village Board and Planning Commission prior approval. All
addition, deletion, and/or change requests must be submitted to this office in
writing.
19. Your acceptance of this
approval/permit and beginning the project means that you have read, understand,
and agree to follow all conditions. Therefore, Millgate Development LLC,
James & Mary Hurst, owners and their heirs, successors, and assigns are
responsible for full compliance with these conditions.
20. It is the property owner's
responsibility to inform any subsequent owner or operator of these conditions.
21. The applicant must
submit a letter of loan commitment from a bank as proof of project financing
prior to issuance of the building permit.
22. It is the
responsibility of the applicant to comply with all restrictions imposed by the
American Transmission Company easement running through the property.
Motion carried.
As a sidenote, Commissioners felt consideration should be given to future zoning
code amendments to address 24 hour store operations in a way that mandates a
minimum number of employees and/or a maximum number of open entrances overnight.
Application for variance to allow creation of two substandard lots and
allow an existing accessory structure on the westerly lot at 418 Miller Avenue
and 417 Shervin Drive
Applicant: Shane Burgan, Owner
Parcels #176031918078000 & 176031918077000
Schattner reported Plan Commission review of this variance application is
necessary because of shoreland zoning requirements that establish minimum lot
sizes of 40,000 square feet, with 150 feet of frontage. He further
explained the applicant acquired 417 Shervin Drive on sheriff’s sale and
subsequently razed the house. A garage remains. The proposal is to
perform a lot line adjustment between the applicant’s residence, 418 Miller
Avenue, and the property immediately west of the applicant’s lot, 417 Shervin
Drive, to create two 12,000 square foot lots and rebuild the primary residence
at 417 Shervin. Because both substandard lots are now owned by
the same individual, the zoning code requires that they be looked on as one lot.
A recommendation from the Plan Commission is requested prior to the Zoning Board
of Appeals hearing on June 25th.
It was noted that these properties are located in the Honey Lake Subdivision
where all lots are substandard according to current code.
Septic setback requirements were discussed as an item of concern.
Schattner noted the proposal had been reviewed by Racine County Code
Administration for compliance with sanitary codes. From review of the
submitted information, Racine County issued correspondence indicating septic
locations were compliant. Johnson questioned setbacks in relation to lots
outside of the subject properties. Schattner will verify Racine County
took that information into account when reviewing the proposal.
Joseph moved, 2nd by Eckert to recommend approval of the lot line adjustment and
subsequent creation of two substandard lots. Motion carried.
Ordinance #2009-1 to amend certain off street parking requirements
Novy reported the ordinance was drafted by the Village Attorney to address a
shortcoming in Village code that does not allow on-street parking to count
towards minimum parking requirements applied to businesses in the B-1 zoning
district. Recent updates to the code focused on future commercial
development along the Highway 36 corridor and did not include provisions for
existing businesses where parking areas are limited. This ordinance allows
parking provisions within 400 feet to be counted towards meeting minimum parking
requirements and allows the Plan Commission flexibility to modify required
parking spaces when strict implementation of the code is not consistent with its
intent.
Eckert moved, 2nd by Johnson to recommend adoption of Ordinance #2009-1.
Motion carried.
Tamblyn moved, 2nd by Joseph to adjourn at 8:58 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer