- August 2, 2010
PLAN COMMISSION
7:00 p.m.
Mike Weinkauf called the meeting to order at 7:00 p.m. with Paul Beere,
Maureen Eckert, James Joseph, Tom Rowntree and Mark Tamblyn present.
Chris Johnson was absent.
Jonathan Schattner, Zoning Administrator, and Betty Novy, Clerk-Treasurer
were also present.
Joseph moved, 2nd by Eckert to approve the minutes of the June 7, 2010
meeting. Motion carried.
Pubic Hearings:
Conceptual Land Division to re-plat the north side of Stoneridge Subdivision
to create
nine lots from six: Ridge Lane
Owner: Edward Stone; Parcels #176031905008060;
176031905008050; 176031905008040; 176031905008030;
176031905008020; 176031905008010
Ed Stone addressed the Commission. He indicated nothing had changed
since his presentation at the June meeting. He also reported receipt
of one phone call from a neighbor on proposed changes to the subdivision.
Schattner displayed a plat and aerial view of the proposed land division.
He explained the proposal increases the number of lots on the north side of
Ridge Lane from six five –acre parcels to nine three to five acre parcels.
Soil tests have been performed on the proposed lots and the tests are being
reviewed by Racine County Code Administration. A detention pond is
located on lot six. The Village Engineer has reviewed the conceptual
plan and indicated a new topographic map is not required as it was provided
when the subdivision was first platted (three years prior).
Weinkauf opened up the hearing to the public. Comments were
heard as follows:
Jim Scherrer, 2475 Upland Drive, stated two concerns. First, he did
not feel three to five acre lots with farm animals on them are an attractive
concept to many people. He also indicated concerns about use of the
bridal path around the subdivision. He is concerned that the path will
be used by motorized vehicles, such as all-terrain vehicles (ATVs) and
motorcycles.
Stone responded he is considering changes to the bridal path, either
changing the terminology to “recreational trail” or eliminating it
completely. He stated he addressed concerns regarding motorized
vehicles in the subdivision covenants and restrictions by prohibiting their
use. He also indicated that he could control this while he still owned
over 50% of the lots, but that future homeowners could have the power to
amend the restrictions.
Mike Fischer, 33634 Ridge Lane, stated concern over future division of the
lots. He indicated Stone is increasing the number of lots in the
subdivision because he perceives the five-acre lot size is holding back
sales. He questioned whether the number of lots will be increased
again if they do not sell immediately.
Commissioners Weinkauf and Beere explained Rochester’s land use plan was
recently amended to allow three-acre average density on land divisions in
un-sewered areas. This increased the number of lots one could create
from a large parcel. Part of the reason for the change was the
likelihood of five- acre lots being re-divided (vs. three acre lots) and the
difficulty most individuals have caring for five-acres of land. They
felt three acre lots were more manageable.
Stone stated he ultimately has the ability to create 56 lots out of the land
he owns. He also stated he is not being greedy by creating seventeen
(total). He indicated he does not anticipate making further divisions
to the property, but that he cannot guarantee what will happen after he no
longer owns the land. A road was platted to his farmland to the north
of this subdivision to allow for future development of that land.
Dave Baldwin, 2516 Upland Drive, also stated concern about the bridal path.
He would like to see it eliminated. He also questioned the number of
farm animals that will be allowed on these lots.
Novy explained an ordinance was recently passed that requires any owner of a
parcel less than five acres in size to obtain a special exemption permit to
keep farm animals on their property. The permit application requires
the property owner to show how they will manage care and house the proposed
animals on their property. The Village Board has the ability to grant
or deny the permit based on compatibility with surrounding properties.
Beere indicated the permit can be revoked if the keeping of animals on a
property causes problems.
Tom Greil, adjacent property owner to the west, stated concerns about
drainage. He indicated the water draining across his farm has
increased substantially in the past three years, so much that it has eroded
a significant amount of land away from the area where the drainage path
exits into Payne & Dolan’s gravel pit to the west. He indicated
Stone’s land contributes to the water flow. He wanted the Plan
Commission to be aware of watershed issues when considering future
development.
Joseph indicated there are bound to be natural cycles of both high
precipitation and dry years. However, it is good to be aware of these
water issues for future development.
Weinkauf questioned whether there were any further comments from the
audience. There were none.
Beere moved, 2nd by Tamblyn to adjourn the public hearing at 7:36 p.m.
Motion carried.
Action Items:
Conceptual Land Division to re-plat the north side of Stoneridge Subdivision
to create
nine lots from six: Ridge Lane
Owner/ Applicant: Edward Stone
Tax Parcels #176031905008060; 176031905008050; 176031905008040;
176031905008030; 176031905008020; 176031905008010
Beere moved, 2nd by Eckert to recommend approval of the conceptual land
division as presented, adding that Stone is to give further consideration to
eliminating the bridal path; and the drainage pond on lot six is to be
re-examined by the Village engineer for sufficiency based on the increased
housing count. Motion carried.
Site Plan Review to Expand Parking Lot: 201 & 203 W. Main
Street
Owners/ Applicants: Community State Bank & Village of Rochester
Tax Parcels: 176031911201000 & 176031911202000
Schattner presented a survey of the proposed parking lot, the landscape
plan, and pictures of proposed landscape plants. He reported the
purpose of this coming before the Plan Commission is to request approval of
the aspects of design which vary from strict implementation of parking and
landscaping requirements specified in the zoning code. This is allowed
due to its location in the Historic Preservation Overlay District. Bob
Kordus, Asphalt Contractors, was present representing Community State Bank.
Schattner read his recommendation as follows:
1) Under the ordinance requirements, the
required number of parking stalls required to accommodate the bank property
is one (1) space for each three hundred (300) square feet of floor area and
1 space for each 2 employees. The required number of stalls to
accommodate the Village Hall site is one (1) space for each four (4) seats.
The submitted plan illustrates that the proposed parking area site is not
large enough in area to accommodate the parking allowed by Ordinance.
Ordinance 2009-1 allows the property owner to request variance approval from
the Village Planning Commission to reduce the number of parking stalls to
serve the two (2) properties.
2) The proposed construction of the parking
lot and driveway areas, including the proposed drainage plan must be
reviewed and approved by the Village Engineer prior to the issuance of a
zoning permit.
3) The size of each parking stall space shall
not be less than one hundred and eighty (180) square feet or less than 9
feet in width, exclusive of the space required for ingress and egress. One
stall shall be designed as handicap parking for automobiles and the other
stall shall be designed as handicap parking for a van. The minimum
dimensions for all parking spaces provided for use by persons with
disabilities shall be fourteen (14) feet wide by twenty (20) feet long for
automobiles and seventeen (17) feet wide by twenty (20) feet long for vans.
The property owner needs to indicate the dimensions of the handicap parking
for automobile and van parking on the submitted plans.
4) All parking stalls and handicap parking
stalls shall be permanently marked by painted lines or other approval
material and said markings shall be maintained so as to be legible at all
times.
5) The area of the proposed landscaping buffer
place around the perimeter of the proposed parking lot meets the minimum
requirements of the Ordinance. The plant material proposed to be
planted in the landscape buffers is native to this area and is acceptable.
All trees plants and shrubs planted around the existing building must be
kept in a healthy, growing condition. In the event 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 the landscaping plan that exists of this property
will require approval from the Village of Rochester Planning Commission and
Rochester Village Board, prior to installation.
6) The property owner is required to obtain a
driveway permit from the Racine County Public Works Department to access
onto Front Street (C.T.H. W), prior to obtaining a zoning permit from the
Village of Rochester Zoning Administration.
In closing it was his recommendation that the Planning Commission
approve this plan subject to compliance with the comments mentioned above,
Village Engineer approval for the construction of the parking lot and
proposed drainage plan and obtaining approval of a driveway permit from the
Racine County Public Works Department to access onto Front Street (C.T. H.
W).
The topic of the screening the Village’s dumpster was discussed. Novy
reported it was not always stored behind the municipal building. She
will find a different location to store the dumpster.
Tamblyn moved, 2nd by Joseph to approve the plan subject to the
recommendations of the zoning administrator; addition of a condition that
specifies plantings abutting Front Street must be maintained at less than
two-feet in height; and village engineer review and approval of plans to
accept drainage from the parking lot of Chances Restaurant. Motion
carried.
Site and Operational Plan Review to operate a Veterinary Clinic at 231 S.
Millgate Drive
Owner: Waukesha Health Care/ Applicant: Fox Valley Veterinary
Service & Clinic, Ltd.
Tax Parcel: 176031911009040
Schattner presented an aerial view of the location and explained the
proposal to operate a veterinary clinic at the site. Tina Euteneier,
Fox Valley Veterinarian Service, addressed the Commission. She
explained the clinic does not offer boarding services. The only
surgery that causes animals to stay overnight is the declawing of cats.
The clinic staffs four veterinarians. Each day, one is
ambulatory (performing off-site visits); one is performing surgery; and two
are staffing appointments. A garage is proposed to be located on site
to house the vehicle used by the ambulatory veterinarian.
James Hurst, Millgate Development LLC, addressed the Commission. He
stated the style of the proposed garage must be approved by the Millgate
Architectural Control Committee. Consensus of the Committee was that
approval of the garage should be sought from Millgate Development before
applying to the Village for architectural approval and permits.
Schattner read his recommendation as follows:
1) Under Section 3.077 B-4 Highway Business
District, the uses include those permitted uses allowed in the B-3, General
Business District and the B-1, Central Business District. Animal
hospitals or veterinary clinics are an allowable use in the B-1 zoning
district, provided that no service, including the boarding of animals, is
offered outside of an enclosed building.
2) Before beginning this project, the
applicant must obtain a zoning permit card from the Zoning Administrator
after paying the required zoning permit fee of 125.00 to occupy the building
as a veterinary clinic and a zoning permit fee of $70.00 for the cost to
construct the detached accessory structure.
3) The proposed veterinary service and clinic
shall be confined to the principal structure of the building and the
proposed detached garage shall be located and sized as shown on the
submitted plans received by the Zoning Administrator on July 12, 2010.
The proposed garage shall be restricted to the storage of lawn and garden
equipment to maintain the outside premises of the property and to house an
ambulatory vehicle associated with the veterinary service. No animals are
allowed to be kept in the detached accessory structure.
4) The vinyl exterior of the proposed garage
shall be harmony with the color of the principal structure located on this
property.
5) Hours of operations shall be restricted to
the following:
Monday, Wednesday, & Friday, 8:00 a.m. to 5:30 p.m.
Tuesday & Thursday 7:30 a.m. to 7:00 p.m.
Saturday, 8:30 a.m. to 12:00 p.m.
6) The applicant is required to maintain 5
parking stalls for each doctor that occupies the existing medical facility.
The applicant has indicated to me that there will be four full time doctors
in this facility and one (1) part-time doctor filling in for one of the four
doctors that may be absent that day. Based on that information there
must be a minimum of 20 parking stalls, and two (2) of these parking stalls
shall be reserved for handicap parking for an automobile and van.
Handicap stalls must be provided in accordance with the Village of Rochester
Ordinance, State of Wisconsin and/or American Disability Act requirements,
whichever is more restrictive. All parking stalls shall be clearly
marked.
7) The applicant must provide for an on-site
loading and unloading area on this property. This space shall be at least
10’ x 25’ feet for each 5000 sq. ft. of floor space or part thereof.
There shall not be any loading or unloading of material and equipment within
the right-of-way of South Millgate Drive.
8) The applicant has indicated that there will
be no additional landscaping occurring on this property, other than what
presently exists. All trees, plants and shrubs planted around the
existing building must be kept in a healthy, growing condition. In the
event 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 the landscaping
plan that exists on this property will require approval from the Village of
Rochester Planning Commission, prior to installation.
9) The applicant indicated that they do not
intend to place any additional lighting on the property. This lighting
that presently exists on this property shall not be directed onto a
neighboring property or directed into the right-of-way of State Trunk
Highway 36 or South Millgate Drive. Any additional lighting placed on
this property will require approval from the Village of Rochester Planning
Commission, prior to installation.
10) All medical waste generated from this business activity shall be
contained within the principal structure until such time that it is disposed
of in a proper manner. Dumpsters shall be properly screened from
public view and shall be emptied on a weekly basis. Medical waste
shall not be placed in the outside dumpsters.
11) A complete and thorough maintenance program must
be established to ensure attractiveness. The continued positive
appearance of the buildings and the property is dependent upon proper
maintenance attitudes and procedures. Maintenance programs must be
established that include watering, maintaining and pruning all landscape
plants and shrubs; 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 lights; and cleaning,
painting, and repairing windows and building façade.
12) Outside storage is prohibited on the property.
Outside kennels or dog runs are also prohibited on this property.
13) Any advertising signs that exist on this
property must conform with Chapter 15, Planning and Zoning found in the
Village of Rochester Municipal Code and shall require a separate zoning
permit for any new sign placed on the property. Beacons, streamers,
pennants, pinwheels, strings of lights not permanently mounted to a rigid
background, and inflatable signs and tethered balloons are prohibited.
No sign shall contain, or include or be illuminated by any flashing light,
or moving part or be illuminated by other than white lights or be composed
of any animated part. Colored coverings are not permitted. Specific
prohibited signs include projecting signs, billboards, pole signs, roof
signs, pylon signs, trailer signs and bench signs.
14) The applicant must comply with the provisions of
Section 14, Performance Standards found in Chapter 15, Planning and Zoning
of the Village of Rochester Municipal Code.
15) 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.
16) The applicant must obtain all necessary federal,
state and local permits, approvals and licenses and must comply with all
applicable codes. If there are any more restrictive covenants
associated with this property, the property owner must adhere to these
restrictions.
17) Your acceptance of this approval/permit and
beginning the project means that you have read, understand, and agree to
these conditions. Therefore, Fox Valley Veterinary Service LTD and
their heirs, successors, and assigns are responsible for full compliance
with these conditions.
18) It is the property owner’s responsibility to
inform any subsequent owner or operator of these conditions.
Eutenier requested that the hours be amended to 7:30 a.m. to 11:00 p.m. all
seven days of the week. They will not immediately increase their operating
hours, but in the future they may consider offering urgent care.
Joseph moved, 2nd by Eckert to approve the site and operational plan
submitted by Fox Valley Veterinarian Service to occupy 231 S. Millgate Drive
with a veterinarian clinic subject to the recommendations of the zoning
administrator with the following exceptions:
-Item number four is to be amended to reflect approval of the garage subject
to architectural review of the Plan Commission prior to issue of the zoning
permit; and
-Item number five is to reflect the change in operational hours of 7:30 a.m.
to 11:00 p.m. all seven days of the week.
Motion carried.
Reschedule September 6, 2010 meeting due to Labor Day holiday
The September meeting was tentatively planned for 6:00 p.m. on September
13th immediately preceding the Village Board meeting. If the
agenda is lengthy, the Clerk is to contact Commissioners to re-schedule to
another date.
Tamblyn moved, 2nd by Joseph to adjourn at 8:36 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC
Clerk-Treasurer