April 5, 2010
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.
Jonathan Schattner, Zoning
Administrator, and Betty Novy, Clerk-Treasurer were also present.
Pledge of Allegiance.
Beere moved, 2nd by Joseph
to approve the minutes of the February 1, 2010 meeting.
Motion carried.
Pubic Hearings:
Conditional Use for the continuation of a sand &
gravel extraction operation at 815 N. English Settlement Avenue
Owners/Applicants:
Reesman Group II, LLC
Parcel
Id#176031912002000 & 176031913002030
Schattner presented an
aerial view and a panoramic photograph of the Reesman gravel pit.
He clarified the conditional use request is to extend an existing permit
for two years.
John Reesman addressed the
Commission. He reported crushing of
asphalt and concrete occurs at the gravel pit twice a year for two weeks
maximum. He stated materials are
stockpiled for this purpose in the south corner of the pit.
Water trucks are used to control dust at the site.
The length of time to exhaust the materials in the gravel pit was
originally stated as five years.
However, due to the depressed economy, the timeframe is now expected to be
longer.
Commissioner Paul Beere, 733
N. English Settlement Avenue, reported receiving only one complaint on the
operation. It involved the noise of
back up horns on a Saturday morning.
Dave Raebel, 844 N. English
Settlement Avenue, addressed the Board. Mr.
Raebel reported having several health problems which are exacerbated by dust.
He stated objection to concrete and asphalt crushing operations at the
Reesman pit because of these health concerns.
Mr. Raebel indicated no problems with noise and did not object to
general operations of the gravel pit.
Kathy Raebel, 844 N. English
Settlement Avenue, addressed the Board.
Mrs. Raebel indicated the primary concern she has is with concrete
crushing because it releases silica, a known carcinogen.
Michelle Domagalski, owner
of a vacant lot on Rowntree Road, stated objection to the gravel pit operation.
She reported that she is trying to sell her lot and has a child with
asthma and an immune deficiency disease.
She is concerned about the health hazards associated with gravel pit
operations.
Weinkauf read a letter
submitted by Art Schwedler, 1055 N. English Settlement Road, stating an
objection to the crushing and recycling of concrete and asphalt because of its
contribution to noise, dust pollution, and other malodorous odors in the
surrounding area.
Greg Reesman addressed the
Commission. He asked that people
keep in mind that the crushing part of their operation occurs only two weeks a
year. He noted no crushing occurred
in 2009 at all. In 2008, crushing
operations were limited to that two week period.
Ways to address dust control
were discussed, including installation of a spray bar on the crushing machine,
doubling watering efforts during dusty conditions, and notifying neighbors when
crushing operations are scheduled.
It was noted that Reesmans’
meet federal standards on dust control.
In the future, they will stockpile and crush materials in the far north
end of the gravel pit, as far as they can get from the Raebel property.
John Orzel, 1521 N. English
Settlement Avenue, addressed the Commission.
He noted increased deterioration of English Settlement Avenue because of
gravel truck traffic. Commissioners
noted this is most likely attributable to use by state crews for construction of
the Burlington by-pass. It was also
noted that English Settlement Avenue is a county highway.
Complaints about the road should be directed to Racine County Public
Works.
Weinkauf asked for any
additional comments on the Reesman gravel pit.
There were no further comments heard.
Conditional Use for the continuation of a sand &
gravel extraction operation at 31844 Washington Avenue
Owners/Applicants:
Parkview Sand & Gravel, LLC
Parcel
Id# 176031903021000, 176031903025000 & 176031903028000
Schattner presented an
aerial view and a panoramic photograph of the Parkview Sand & Gravel pit.
He reported this conditional use request is also to extend an existing
permit for two years.
Mark Franklin, Parkview Sand
and Gravel, addressed the Commission.
He reported bottom levels of the gravel pit at a maximum of 20 feet below
the ground surface. Baseline well
studies are on file. He noted gravel
extraction operations will continue at this site for at least 15-20 years before
they reach the setback line of the pit.
Operations in the active area, shown on their application exhibit, will
continue for at least two more years.
Franklin indicated this
operation also includes concrete and asphalt crushing.
Water is used to control dust emissions on the site.
He noted green building credits encourage the recycling of concrete and
asphalt. He reported crushing
operations at their site every other year for three weeks at a time.
He noted crushed asphalt is a useful product to keep dust down on
driveways.
Gary Schrader, 31743
Washington Avenue, addressed the Commission.
Mr. Schrader commented he has never had a problem with Parkview Sand and
Gravel and that they have been good neighbors.
Weinkauf asked for any
additional comments on the Parkview gravel pit.
There were no further comments heard.
Rezoning Petition to Rezone from A-2, General
Farming & Residential District II, & C-1, Resource Conservation District, to
B-3, Commercial Service District, the property located on the SE corner of
English Settlement Avenue (CTH J) and State Highway 36 (STH 36)
Owners/ Applicants:
Mike & Kim Rosenthal
Parcel ID# 176031911011020
Schattner presented an
aerial view of the subject property.
He noted the size of the parcel meets minimum requirements of the B-3 zoning
district. He also reported previous
conceptual consideration by the Commission of locating a vet clinic/ doggy
day-care on the property. At the
time, it was noted that the proposed use would require the property to be
re-zoned to a business district. The
property is classified Urban Reserve in the Land Use Plan.
This classification is consistent with B-3 zoning.
Kim Rosenthal, owner,
addressed the Commission. She stated
the proposed re-zoning is consistent with Rochester’s Land Use Plan and with
planned commercial use along State Highway 36.
Commissioner Paul Beere
relayed a comment made to him by the neighbor to the southeast of this parcel.
That neighbor does not approve of the vet clinic/ doggy day-care use.
He stated his feeling that that type of business would be a poor
advertisement for the Village.
Jack Coshun, 1541 N. English
Settlement Avenue, addressed the Commission.
Mr. Coshun reported concerns about a safe entrance to this property off
County Highway J. His driveway is
located east of this parcel on the opposite side of County Highway J.
He reported traffic turning off State Highway 36 often stacks behind him
when he needs to make a left turn into his driveway.
He noted the subject property has limited frontage on County Highway J
from its intersection with State Highway 36.
He questioned whether the proposed change in use will meet commercial
access requirements. He
believes the situation is already dangerous and will be exacerbated by a
commercial driveway closer to the intersection than his residential driveway.
Schattner replied Racine
County cannot deny access to the parcel.
The highway department will require a 24-foot driveway located on the
most easterly edge of the parcel.
Racine County cannot land lock the parcel.
Coshun indicated access to a
parcel zoned A-2 is different from access to a parcel zoned B-3.
Schattner indicated that,
because of this parcel’s closeness to the intersection with State Highway 36,
any B-3 use will be a conditional use.
Access will be addressed as part of the conditional use process.
He also noted the strange shape of the parcel will require any business
to be set back a significant distance from the highway.
A minimum 150’ driveway will alleviate any stacking problems onto County
Highway J.
John Orzel, 1521 N. English
Settlement Drive, addressed the Commission.
He noted his property is located directly across the street from the
subject property. He stated concerns
about the range of businesses allowed in B-3 zoning district.
He was concerned the zoning would allow an adult establishment or a high
traffic impact business to be located on the parcel.
Schattner indicated zoning
setbacks do not allow placement of an adult establishment on the parcel.
The traffic impact of a business will be considered as part of the
conditional use process. Some types
of businesses may require that a developer install turn lanes, if appropriate.
Mr. Orzel also stated safety
concerns with the snowmobile trails that run up and down the highways.
Weinkauf asked for any
additional comments on the Rosenthal re-zoning request.
There were no further comments heard.
Joseph moved, 2nd
by Tamblyn to close the public hearing session of the meeting at .
Motion carried.
Action Items:
Conditional Use for the continuation of a sand &
gravel extraction operation at 815 N. English Settlement Avenue
Owners/Applicants:
Reesman Group II, LLC
Parcel
Id#176031912002000 & 176031913002030
Joseph moved, 2nd by Johnson
to recommend approval of the conditional use for Reesman Group II incorporating
all recommendations of the zoning administrator specified in his memorandum
dated March 31, 2010 (EXH. PC042010-1) with
the following exceptions:
Motion carried.
Conditional Use for the continuation of a sand &
gravel extraction operation at 31844 Washington Avenue
Owners/Applicants:
Parkview Sand & Gravel, LLC
Parcel
Id# 176031903021000, 176031903025000 & 176031903028000
Tamblyn moved, 2nd by Joseph
to recommend approval of the conditional use for Parkview Sand and Gravel
incorporating all recommendations of the zoning administrator specified in his
memorandum dated March 30, 2010 (EXH.
PC042010-2) with the following exceptions:
Motion carried.
Rezoning Petition to Rezone from A-2, General
Farming & Residential District II, & C-1, Resource Conservation District, to
B-3, Commercial Service District, the property located on the SE corner of
English Settlement Avenue (CTH J) and State Highway 36 (STH 36)
Parcel ID# 176031911011020
Johnson moved, 2nd by Eckert
to recommend approval of re-zoning from A-2, General Farming & Residential
District II, & C-1, Resource Conservation District, to B-3, Commercial Service
District, the property located on the SE corner of English Settlement Ave. (CTH
J) and State Highway 36 (STH 36)
for the following reasons:
a)
The “2035 Land Use
Plan for the Village of Rochester” identifies this property as lying within an
“Urban Reserve” area. This land use
designation allows for mixed uses such as residential, commercial, and
industrial uses. The request to
place a B-3 commercial zoning classification on this property is consistent with
this adopted land use plan.
b)
This rezoning is
consistent with the statement and purpose and intent of the zoning District as
identified in the Zoning Ordinance.
c)
This zoning will
not actually adversely affect the surrounding property values.
d)
This rezoning is
consistent with overall local ordinances and zoning plans as identified by
SEWRPC, Staff and other resources.
e)
On February 1,
2010, the Village of Rochester Planning Commission recommended conceptual plan
approval to the prospective buyer (Dr. Sandra Miller) to develop the property as
a commercial site for “Country Comforts House Call Veterinary Service, which
includes a daytime doggie daycare, dog training classes, and grooming services.
This approval was granted subject to rezoning the property into a B-3
Commercial Service District and obtaining conditional use approval for from the
Village of Rochester
Votes were:
Joseph: Aye;
Tamblyn: Aye;
Rowntree: Aye;
Beere: Naye;
Weinkauf: Aye;
Johnson: Aye;
Eckert: Aye.
Motion passed.
Site Plan Review to construct a pond on a lot
located north of Washington Avenue and east of Upland Drive
Owner/ Applicant:
Nick Ahlers
Parcel Id# 176031905002001
Schattner presented a location map of the Ahlers pond and recommended that the
pond be approved subject to the following conditions:
1)
The proposed pond must be located and sized in accordance with the submitted
plan prepared by Pete Bailey, Registered Land Surveyor, dated June 3, 2009 and
labeled, “Exhibit A”. The side slopes and safety ledge of the pond must comply
with this plan and the pond will have a maximum depth of 10 feet.
The perimeter area of the pond will be 41,931 square feet or .9626 acres
in size.
2)
The Village of Rochester Public Works Supervisor has submitted written
documentation indicating that this is a low impact pond on a large parcel of
land and is not aware of any tiles being present on this property.
3)
In the event that the property owner discovers any tile within the construction
site, he is responsible for repairing or replacing broken field tile on the
property and in perpetuity with the property and keeping it in good working
condition at all times. Any tiles
draining into this pond shall have rodent guards placed at the end of the tile
to prevent small animals from blocking the tile outlets.
Do not block or create surface drainage problems on your property that
would adversely affect the adjacent property owners.
4)
All excavated material must remain on the subject property and be placed around
the perimeter of the pond.
5)
To prevent any additional sedimentation placed upslope from the pond area a
diversion must be placed on the down slope side of the construction site
consisting of filter fabric fencing placed into a four-inch by four inch
V-shaped trench, backfilled with fill material, and compacted.
See attached Exhibit A-1 identifying the location of the filter fabric
fence. The filter fabric fence must
remain in place and be maintained until permanent seeding is established as
determined by the Village Zoning Administrator.
See attached copy of “Filter Fabric Fences” for installation
requirements.
6)
All disturbed area shall be permanently seeded by October 1, 2010. (See attached
WI-CPA_123 for seeding recommendations.)
7)
No excavated material may be sold or given away without obtaining rezoning to an
M-4 Quarry District and obtaining a conditional use permit approval from the
Village of Rochester Planning Commission and Village Board.
8)
Upon receiving approval from the Village of Rochester Planning Commission, it is
the responsibility of the applicant to obtain a zoning permit card at a cost of
$125.00 from the Village Zoning Administrator prior to constructing the pond on
this property. The zoning permit 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.
9)
The applicant must obtain all necessary federal and state permits, approvals and
licenses and comply with all applicable codes and regulations.
10)
No
additions, deletions, or changes may be made to the project, site plan or these
conditions without the Village of Rochester Planning Commission prior approval.
All additions, deletions, and/ or change requests must be submitted in
writing to the Village of Rochester Planning Commission for their review and
approval.
11)
The property
owner must allow the Village Zoning Administrator or a Village employee full and
unlimited access to the project site at a reasonable time to investigate the
project’s construction, operation, and maintenance at the beginning, during and
completion of this project.
12)
The project
must be completed by October 1, 2010. Written extension requests must be
submitted to the Village of Rochester 30 days before permit/approval expiration.
13)
Please be
advised that the Village of Rochester does not warrant or certify that the
design of the pond or the drainage plan for this site is functionally and/or
structurally adequate; therefore, the Village of Rochester accepts no liability
through this permit.
14)
Failure to comply with the terms and conditions of this approval could
result in the issuance of citation(s) and permit revocation.
15)
Your acceptance of this approval/permit and beginning the project means
that you have read, understand, and agree to follow these conditions.
Therefore, Nick Ahlers and his heirs, successors, and assigns are
responsible for full compliance with these conditions.
16)
It is the property owner’s responsibility to inform any subsequent owner
or operator of these conditions.
Nick Ahlers addressed the
Commission. He stated his plan is to
dig the pond this fall, but he cannot guarantee the timeline.
Schattner indicated if an extension to the October 1st
deadline is needed, he should simply contact him.
Mr. Ahlers indicated the
proposed pond is located in a place that has been underwater since development
of the Stone property. It is a
naturally low area where water drains to and it is not expected that water will
drain away from the pond to other properties.
He requested that the silt fence requirement be dropped due to these
circumstances.
Johnson moved, 2nd by
Tamblyn to recommend approval of the Ahlers pond permit subject to the
recommendations of the zoning administrator, minus the silt fence requirement,
and subject to letters of no objection from adjacent property owners.
Motion carried.
Conceptual Land
Division to divide one 12-16 acre lot from a 59.3 acre parcel located between
34430 and 34626 Academy Road
Owner:
Carini Trust: Applicant/
Agent: Mary Menarek, Shorewest
Realtors
Parcel Id#
176031918025000
Novy reported a request by Mary Menarek that the proposed land division be dropped from the agenda. The potential buyers backed out. No action was taken.
Joseph moved, 2nd by Tamblyn to adjourn at 8:50 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer