March 7, 2011
PLAN COMMSSION
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.
Joseph moved, 2nd by Johnson to approve the minutes of the February 7, 2011
meeting as printed. Motion carried.
Public Hearings:
Application for Conditional Use to place an asphalt batch plant at 31844
Washington Avenue (Parkview Sand and Gravel Quarry Site)
Applicants: Robert Kordus, Asphalt Contractors, Inc.; Owner:
Parkview Sand & Gravel LLC
Parcel ID#s 176031903021000/ 176031903025000/ 176031903028000
Schattner displayed a site map showing the proposed location of the asphalt
plant. He explained the application is to locate the plant on 6.45 acres
within the existing Parkview Sand & Gravel quarry site. M-4 zoning
allows this as a conditional use.
Robert Kordus addressed the Commission. Kordus described Asphalt
Contractors as a full service asphalt company with its main office in Union
Grove. They wish to locate an asphalt batch plant in Rochester as there is
a need for a batch plant within an approximate 60 mile range of the proposed
location. He noted several other plants in this area have closed in the past
few years.
The proposed plant would use the quarry’s existing driveway and be located 100
feet off the west property line. This meets setback requirements. A
display board was presented to show the proposed locations of the driveway,
parking area, batch plant, and material stock piles. Plant operations were
explained. The hours of operation are planned to be consistent with the
conditional use restrictions of Parkview Sand & Gravel.
The highest part of the plant will be the silos. They are 45 feet in
height. The proposed location of the plant is in an excavated area of the
quarry surrounded by a 25 foot ridge, on top of which a dense tree line varies
from 20 to 30 feet high. The top of the plant will only be visible
from Washington Avenue when the leaves are off the trees. The plant will
be painted a desert sand color to blend in with the color of the quarry.
It will be a natural gas fired plant and a product named Equisorb will be used
to reduce odors. A collection system will also be installed that captures
odors and burns them.
The plant is designed to produce a maximum of 200 tons of asphalt an hour.
This was compared to Payne & Dolan’s asphalt plant located in Honey Creek which
produces 500 tons of asphalt an hour. Berms will be installed around
the plant to contain any spills, however the nature of the product is such that
when it reaches air temperature it solidifies. There are minimal concerns
about ground water contamination. The area around the plant will be
asphalted to reduce and capture any fuel spills from trucks.
The noise of operating the plant was stated as 46 decibels, which was described
as equal to the sound of a vacuum cleaner from six feet away; and the noise of
the operating the dryer is 50 decibels, which was described as equal to the
sound of a normal conversation.
It was clarified that this is a portable asphalt plant.
Comments were taken from the audience as follows:
Mike Pitsch, Washington Avenue, indicated ownership of a vacant parcel across
the street from the proposed site. He questioned Kordus on whether he will
smell asphalt at his mailbox on the street. Kordus indicated winds are
from the southwest 80% of the time. He expects minimal odors from the
plant. If they do escape, they will mostly travel northeast into a deeper
part of the quarry, and then into county park lands. This is in the
opposite direction of Pitsch’s property. The product he intends to use has
a odor guarantee- so if there are problems, he just needs to be notified.
He will work with the vendor to address it.
Pitsch questioned additional truck traffic. Kordus replied, at maximum
capacity, there would be nine trucks an hour leaving the plant. However,
he expects it to be only one or two trucks an hour most of the time. Dump
trucks will be tarped to minimize odors and potential spills.
Gary Schrader, 31743Washington Avenue, questioned Kordus on groundwater testing.
He recalled that when Parkview began operations at that quarry site, homeowners
were given baseline water tests and several monitoring wells were placed around
the property. For the first five years, he received a notice
offering a free water test every year. However, he has not been offered
this test for several years now. He questioned how often wells on the
property are checked.
Kordus reported stringent DNR requirements for both air and dust testing.
He offered water tests if it was felt necessary, but again reiterated that the
nature of asphalt is such that it solidifies upon reaching air temperature, so
the likelihood of groundwater contamination is very low.
Schattner pointed out annual well testing is a requirement of Parkview’s
conditional use permit.
Mark Franklin, Parkview Sand & Gravel, commented on extensive groundwater
testing that had been performed in the past by SCS Consultants. He reported
stacks of reports in his office. He indicated engineering costs were
extremely high. He said he is open to water testing, but did not want to
get engineers involved unless results were indicative of additional research.
Debbie Bathke, Washington Avenue, stated opposition to the proposed asphalt
plant noting quality of life issues, such as noise and increased trucks.
Conrado Moreno, 31740 Washington Avenue, stated opposition to the proposed
asphalt plant also noting increased truck traffic and noise.
There was brief discussion regarding planned improvements to Washington Avenue
and truck traffic on the road. Several attendees noted truck drivers from
the quarry sites on Washington Avenue drive too fast and often jake brake to
slow their speed before entering the plant driveway. They feel this
situation will be worse when the road is resurfaced and several curves in the
road are straightened.
Residents were informed to notify the clerk’s office and/or sheriff’s department
when they observe these types of traffic issues. Increased speed
enforcement to the area should help with this problem.
Edwin Ela, 31308 Washington Avenue, stated concerns about the rough condition of
Washington Avenue and the impact of increased truck traffic. He questioned
weekend hours noting his apple orchard does a lot of business with elderly
citizens in the fall of the year. They often have difficulty navigating
the blind curve near his entrance. He fears someday there will be a
collision involving a truck from the gravel pits.
Kordus indicated the conditional use permit only allows operations ten Saturdays
a month and no Sundays. He does not intend to work on Saturdays, unless
absolutely necessary. He anticipates operating the plant only one or two
Saturdays a year.
Mark Tamblyn, Plan Commissioner, questioned how business has been for Parkview.
Franklin stated they are down 60% from recent years. He reported the last
good years were in 2006 and 2007 due to construction of
the Burlington by-pass. Tamblyn concluded the traffic generated by
addition of this asphalt plant will not exceed the levels Parkview has been at
in the past.
Schattner read his recommended conditions. Beere suggested a restriction
be placed on equipment maintenance activities outside of operating hours, with
specific reference to the use of back-up horns.
Kordus indicated he will keep only one loader at the plant. All his other
equipment will be housed at the main location in Union Grove.
Beere moved, 2nd by Eckert to adjourn the public hearing at 7:52 p.m.
Motion carried.
Action Items:
Application for Conditional Use to place an asphalt batch plant at 31844
Washington Avenue (Parkview Sand and Gravel Quarry Site)
Applicants: Robert Kordus, Asphalt Contractors, Inc.; Owner:
Parkview Sand & Gravel LLC
Parcel ID#s 176031903021000/ 176031903025000/ 176031903028000
Johnson moved, 2nd by Tamblyn to recommend approval of the conditional use
permit application to place an asphalt batch plant at 31844 Washington Avenue
subject to baseline water testing of existing test wells on the property and
surrounding private wells; a prohibition of performing equipment maintenance
that requires the use of back-up horns outside of normal operating hours; and
the recommended conditions of the zoning administrator (as follows):
1. 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 placing the asphalt plant on this property. The zoning
permit card 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.
2. The proposed asphalt plant and gravel and
asphalt stockpiles shall be sized and located as shown on the submitted site
plan, received by the Village of Rochester on February 7, 2011. The
proposed asphalt plant shall comply with the State of Wisconsin Department of
Natural Resources Air Pollution requirements.
3. The Village of Rochester Building Inspector has
provided a written e-mail to the Village Zoning Administrator indicating that
the existing sanitary facilities at the Parkview Sand & Gravel Quarry site
should be sufficient for the asphalt plant employees.
4. The proposed asphalt operation shall conform to
the written report prepared by Asphalt Contractors/Robert Kordus and received by
the Village of Rochester on February 7, 2011, with exception to the hours of
operation. In addition, the owner has agreed to comply with the conditions
that apply to the Parkview Sand & Quarry operation, approved by the Village of
Rochester Planning Commission April 12, 2010.
5. Hours of operation for the asphalt operation,
including material load out and internal trucking and external trucking:
Monday – Friday
6:00 a.m. – 7:00 p.m.
Saturday
7:00 a.m. – 2:00 p.m.
(Limited to 10 Saturdays per year.)
No asphalt plant operation shall occur on Sunday or holidays.
Activities such as equipment maintenance and minimum site maintenance, such as
snowplowing and lawn mowing, may take place outside of the times listed above.
6. The oil storage area, if any, must be
surrounded by a berm. Said berm must be of sufficient height, and width to
hold and contain the capacity of all oil storage tanks located in said area.
Oil storage area and surrounding berms shall be lined with an impermeable
surface and comply with State of Wisconsin Department of Natural Resources
ground water protection standards.
7. All haul roads throughout the entire pit must
be maintained in an all-weather, dust free condition. All dust palliatives must
be State of Wisconsin Department of Natural Resources approved. When
applying treatment to any access road surface, the application must make every
effort to avoid the spread of this treatment material onto the public roadway.
Should such material and/or soil material be spread, carried, and/or spilled
onto the public roadway, the applicant must take action to mitigate the problem.
The haul roads must be provided with gates that can be locked whenever the
quarry and/or the asphalt plant are not operating.
8. The applicant is responsible for insuring that
all truck drivers strictly obey all posted speed limits and all traffic laws.
This includes coming to a full stop before entering the public roadway.
The quarry driveways shall have a speed limit of 15 miles per hour. Should this
office receive substantial complaints that such laws are being broken; the
Village of Rochester Planning Committee reserves the right to revoke this permit
for noncompliance.
9. The applicant is responsible for control and/or
cutting of noxious weeds in compliance with each Village of Rochester’s weed
ordinance.
10. The applicant is responsible for compliance with Article VII, Division
4 Performance Standards of Chapter 20, Zoning, of the Village of Rochester
Zoning, adopted by the Village of Rochester on November 4, 2008. (See
attached copy)
11. The Village of Rochester Zoning Administrator or his designee may
enter the mine site to verify compliance with these conditions. Representatives
must have the proper MSHA training or be escorted by Asphalt Contractor, Inc.,
personnel.
12. No additions, deletions, or changes may be made to these conditions
without the prior approval from the Village of Rochester Planning Commission.
13. The applicant is responsible for obtaining all necessary federal,
state and local permits, approvals, and licenses and complying with their
applicable codes.
14. Failure to comply with the terms and conditions stated herein could
result in citations being issued and/or the approval/permit being revoked.
15. Acceptance of the conditional use approval/zoning permit and beginning
the project means that the applicant has read, understand and agree to follow
all conditions of this approval. Therefore, Asphalt Contractors/Robert
Kordus, and its officers, heirs and assigns are responsible for full compliance
with the above conditions. It is the property owner's responsibility to
inform any subsequent owner of the existence.
Motion carried.
Application for Site Plan Approval to convert 2nd story commercial space
(beauty salon) to two (2) residential apartments at 29200 Evergreen Drive
Agent/ Owner: Ben Miller/ Miller Brothers Partnership
Parcel ID#176031901021040
Schattner reported the history of residential units in this property. Four
upstairs units were approved in the early 1990s, with the addition of two more
in 1997. In 2006, two of the residential units were converted
into additional space for a beauty salon that leased a portion of the lower
level. This application takes the site back to how it was in 1997.
The zoning code allows no more than 50% of commercial properties to be in
residential use. The square footage of the proposed apartments falls
within these requirements. Schattner indicated sufficient parking on site,
but noted no formal parking lot plan exists. He is requesting that one be
created for file purposes.
Ben Miller addressed the committee. Miller indicated problems leasing the
commercial space previously occupied by the beauty salon because of its size.
He stated their desire is to convert the upper level space back to residential
units. Additionally, he reported they had already received state approval
of the remodeling plans.
There was a question regarding adequate emergency exits. Miller indicated
they had been required to install a fireproof stairway when they added the two
residential units in 1997. This stairway still exists. It was noted
that compliance with fire codes is assured through the state plan approval
process.
Beere moved, 2nd by Eckert to approve the site plan to convert 2nd story
commercial space (beauty salon) to two (2) residential apartments at 29200
Evergreen Drive subject to the recommendations of the zoning administrator (as
follows):
1. 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 starting this project. The zoning permit card 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.
2. The proposed two (2) residential apartments
shall be sized and located as shown on the submitted floor plans, received by
the Village of Rochester on March 2, 2011.
3. The owner is required to obtain building permit
approval from the Village Building Inspector prior to starting construction.
4. The proposed residential apartments shall
comply with the Village of Rochester fire codes.
5. Adequate parking must be provided on-site for
all uses in the building, in accordance with Section 20-1088 Parking
Requirements found in Chapter 20 (Zoning) of the Racine County Zoning Ordinance,
adopted by the Village of Rochester on November 4, 2008. This means that
sufficient parking spaces must be provided for the commercial use, including at
least 12 (two per apartment) parking spaces for the apartment units. Each
parking stall must be a minimum of nine (9) feet wide and 180 square feet in
area, exclusive of the space required for ingress and egress. Handicap
parking stalls must be provided in accordance with State requirements.
Aisles and spaces shall be clearly marked. The driveways and all parking
areas must be maintained in an all-weather, dust control condition. Prior
to the issuance of the zoning permit the property owner shall submit an as-built
parking plan to the Zoning Administrator for his review and approval.
6. The applicant is responsible for full
compliance with Article VII, Division 4 Performance Standards of Chapter 20,
Zoning, of the Village of Rochester Zoning, adopted by the Village of Rochester
on November 4, 2008. (See attached copy)
7. The applicant must allow the 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.
8. The applicant is responsible for obtaining all
necessary federal, state and local permits, approvals, and licenses and
complying with their applicable codes.
9. No additions, deletions, or changes may be made
to these conditions without the prior approval from the Village of Rochester
Planning Commission.
10. The applicant’s acceptance of this approval/permit and beginning the
project means that they have read, understand, and agree to follow these
conditions. Therefore, Miller Brothers Partnership, their heirs,
successors, and assigns are responsible for full compliance with these
conditions.
11. It is the property owner’s responsibility to inform any subsequent
owner or operator of these conditions.
Distribute 2011 Plan Commission Meeting Schedule
A calendar displaying all 2011 meeting dates and submission deadlines was
distributed for the Plan Commission’s use.
Beere moved, 2nd by Joseph to adjourn at 8:10 p.m. Motion carried.
Respectfully submitted,
Betty J. Novy, CMC CMTW
Planning Secretary