May 4,  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, and Jonathan Schattner, Zoning Administrator, were also present.
 
Pledge of Allegiance.
 
Joseph moved, 2nd by Tamblyn to approve the minutes of the April 6, 2009 meeting.  Motion carried.
 
Petition to rezone Millgate Drive commercial development from B-4 to B-4 with Planned Unit Development Overlay District and submission of General Development Plan:   Lots 1-4, CSM #2790, Volume 8, Page 912
Applicants:  Commercial Construction Consultants;  Owners:  Jim and Mary Hurst
Parcels 176031911009010; 176031911009020; 176031911009030; 176031911009040
 
Novy reported on communications with the applicant, zoning administrator and legal counsel since consideration of a conceptual site plan for a gas station/ convenience store on Lot 2 of the Millgate Development at the previous Plan Commission meeting.    It has since been verified that the Department of Transportation has no setback authority for this development, but requests a minimum of 15 feet from the highway.  Setback requirements applicable to underground tanks will be determined by the regulating authority.  The Village Attorney had reported information on other municipal codes.  It was determined that a 55’ setback from State Highway 36 was somewhat excessive in contrast to other municipalities in the area and that the setback issue would most likely be recurring if not addressed.   
 
While the proposed gas station is a permitted use in B-4 zoning, strict implementation of other B-4 zoning requirements would provide difficulty for the development.  Those issues, identified in the applicant’s request for re-zoning the development to B-4 with a Planned Unit Overlay District (PUD), include setback, landscaping and sign requirements applicable to the B-4 district.  
 
The June 2007 site plan for the initial development (titled Grading and Utilities plan) was presented as the General Development Plan, with the exception that Lot 2 was replaced with the current gas station/ convenience store site plan (titled Master Grading and Utility Plan- and March 2009) and Lot 4 is currently occupied by a Pro Health Care medical clinic.  The plan included conceptual presentations of a bank on Lot 3 and a multi-tenant commercial building on Lot 1.  Covenants already in place for the development were also presented for review.    All infrastructure improvements have been completed.  A letter of consent for re-zoning from Pro-Health Care is forthcoming.
 
Schattner reported staff opinion that re-zoning the Millgate Development with a PUD overlay is an appropriate answer to address development of all four lots.  Schattner indicated this zoning mechanism allows the Plan Commission to address individual issues without having to go through the variance process for each item.
 
Jim Hurst addressed the Commission.  He reported on communication with Racine County Public Works about utilizing a portion of County Highway D right of way to meet the 15 foot wide landscape buffer requirement between the Millgate development and residential properties to the north.  Racine County seemed receptive.  He will follow up with them on this issue.   Hurst also reported communicating with Lloyd Frye, the resident directly north of the entrance to the development, regarding any concerns.  Frye did not express any objections to the gas station/ convenience store proposal.
 
David Van Winkle, 2540 Hidden Circle, addressed the Commission stating concern over lining of the gasoline tanks and possible contamination of private wells in the area.   Hurst responded with information on state regulation of gasoline tanks.  He noted all gas tanks must be double walled.  Monitoring equipment is also installed as a mandatory measure against leaks.
 
Water use by the car wash was also discussed.  The system under consideration utilizes 30 gallons of water per car.  Hurst stated an average homeowner uses 77 gallons if washing their vehicle at home.    Hurst also indicated that silt basins and monitoring manholes will be installed as required by the Western Racine County Sewerage District.
 
Joseph moved, 2nd by Johnson to recommend approval of the petition for re-zoning Lots 1-4 of the Millgate Drive commercial development from B-4 to B-4 with Planned Unit Development Overlay District and the General Development Plan.  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
 
Jon Schattner went over site plan zoning review comments outlined in his memorandum dated April 4, 2009 as follows: 
 
·   The first issue regarding compliance with a 55’ setback will be corrected by re-zoning to PUD. 
 
·   The second issue, parking provisions, was re-visited by the zoning administrator after consulting with legal counsel.  By counting parking spaces near the car wash, minimum parking space requirements are met. 
 
·   The third issue regarding restricting the northerly driveway to exit only was also discussed.  Schattner reported the Village engineer did not object to the driveway being two-way.  Hurst indicated the reason for the north drive is so trucks will not need to back up or perform difficult maneuvers in order to access the diesel pump island.  He asked to be allowed to try two-way traffic in the north driveway, with a provision that it be reviewed in 90 days and restricted at that time if problems arise. 
·   The fourth issue, the landscape plan, indicated requirement of a 15 foot wide landscape buffer between this parcel and residential properties to the north.  Hurst indicated a desire to cluster plantings in specific areas to mitigate the impact of lights and noise on adjacent residential properties.  Schattner indicated Hurst must provide follow up documentation from Racine County that they will allow part of the road right of way to be utilized for the landscape buffer area.  The submitted plan also showed retaining wall and asphalt within a WE Energies easement.  The applicant is to provide verification from WE Energies that this does not contradict restrictions on use of the easement area.  The landscape plan is to be revised to include the buffer area and proposed plantings. 
·   The fifth issue, regarding compliance with Historic Preservation Overlay District regulations was also discussed. Hurst reported on presentation of a conceptual plan to the Historical Preservation Commission last October.  He will seek formal approval as soon as possible.
 
·   The sixth issue, indicated requirement of a lighting plan.  Hurst indicated site light fixtures will be the same as those currently installed throughout the development.    There will be one fixture installed along County Highway D and two positioned around the corner of County Highway D and Millgate Drive.  Canopy lighting will be recessed LED lighting which Hurst indicated is more directional.  The building itself will be lit so that sidewalks and the first row of parking is illuminated.  A lighting plan is to be submitted.
 
·   The seventh issue indicated all signs must be approved by the Village Plan Commission.  Hurst indicated the state regulates what information is on gasoline station price signs and the height of the letters.  Gasoline companies also require specific signage based on corporate standards.  He indicated this will be a Mobil station and that their logos will have to be displayed.  Schattner indicated signage must be located on the site plan.  It was also noted that signage will have to be approved by the Historic Preservation Committee.
 
Novy read Village Engineer review comments offered in his memorandum of April 2nd.  All items had been addressed satisfactorily.
 
Hurst presented architectural drawings of the building.  He noted the building will be of the same character as the Sendiks and Target Stores that were recently built on Highway 100 in Hales Corners.  The interior will be an open joist design to allow natural light to enter from faux second story windows.
 
Proposed interior uses are a delicatessen with sandwiches and a seating area; and a convenience store.  There will be no cooking on site.  LP gas tank sales were discussed as a possibility.  However, the Hursts’ indicated their intent to keep all sales activities within the walls of the building.  Depending on time of day, there will be two to five employees on site. 
 
Hours of operation were stated as 5:00 a.m. – 11:00 p.m. Sunday through Thursday, and 5:00 a.m. – midnight on Friday and Saturday. 
 
Schattner indicated a loading area must be indicated on the site plan.  Hurst pointed out three potential loading areas.  A 30-foot area between the eastern sidewalk and the gas station canopy will be designated this way on the plan.
 
Beere requested that any speaker systems and/or noise generated by machines on the site be held to a decibel level so that the noise is contained on the property. 
 
Compliance with Western Racine County Sewerage District (WRCSD) requirements were discussed.  Hurst indicated he will install a grease trap and monitoring manhole as requested.  It was noted projected water use figures were supplied to WRCSD.  The Village will also need this information to determine appropriate sewer use charges for the facility.
 
The Fire Department is also to review the plan for any additional comments.
 
Discussion shifted to the pre-existing residence that straddles Lot 2 and 3 of the development.  The developer is utilizing the residence as a construction office and asked that it be allowed to remain on the property until the southerly lot is developed.  Schattner indicated this is a violation of the zoning code as only one principal structure can be on one lot. 
 
Several options were discussed in terms of handling removal of the residence, such as tying its destruction to within 60 days of occupancy of the gas station.  Another option discussed was that Hurst could adjust the lot line between Lots 2 and 3 to accommodate the residence’s existence until Lot 3 is built on.  Hurst is to determine which option he prefers.  This issue must be dealt with in some way.
 
Drainage of the site was also discussed.  There will be an underground storm-water system for the canopies and the building.  All site drainage will flow into existing stormwater inlets into the existing storm-water retention pond just west of the building site.
 
Financial guarantees for the development were also discussed.  Hurst indicated financing approval cannot be obtained until the Village approves the development.  Plan Commissioners indicated any approval will be conditioned on proof of a loan commitment from a bank.
 
Hurst was directed to revise and/or submit additional plans for the June 1st meeting based on input received at the meeting.
 
Racine County Comprehensive Plan Open House/ Public Hearing (June 17, 2009)
Reconcile differences between Land Division Ordinance, Zoning Code and Land Use Plan
 
Novy reported the Village Board scheduled the public hearing date for the Racine County Comprehensive Plan  for Wednesday, June 17th.  An open house will start at 6:00 p.m., with a public hearing to follow.   Racine County will have staff present to field technical questions.  Plan Commissioners will also need to attend to review and offer a recommendation on adoption of the plan.
 
Novy also reported on contact with Dave Schilling of the Southeastern Wisconsin Regional Planning Commission (SEWRPC) regarding final steps to complete the Plan.  The County’s plan includes all individual municipal plans.  Dave indicated that Rochester needs to reconcile differences between its land division and zoning ordinances; and the Land Use Plan.  The Land Use Plan specifies three acre density with a 50% open space requirement for divisions of land classified as “Rural Density Residential and Agricultural Land”.  The Land Division Ordinance specifies three acre average density with no open space requirement.     By the time the Racine County Comprehensive Plan is adopted, the conflict must be resolved- either by amending the ordinance or by amending the Land Use Plan.  The Village Board indicated their preference to resolve this matter at their April 27th meeting.  Their preference is to amend the Land Use Plan to reflect requirements of the Land Division Ordinance.  
 
Joseph moved, 2nd by Johnson to amend the Land Use Plan to reflect the three acre average density with no open space requirement for lands classified as “Rural Density Residential and Agricultural Land” in the plan.  Motion carried. 
 
Tamblyn indicated preference that a cutoff date be established for site plan submittals that is at least ten days in advance of the meeting.   Commissioners concurred and asked that meeting materials be distributed one week in advance of meeting dates to allow adequate time for review.
 
Beere moved, 2nd by Tamblyn to adjourn at 10:34 p.m.  Motion carried.
 
Respectfully submitted,
 
 
 
Betty J. Novy, CMC
Plan Commission Secretary