Board of Appeals
Tuesday, June 9 2009
TIME: 6:30 p.m.
LOCATION: at the Town Hall
PLEASE TAKE NOTICE that on Tuesday, June 9th, 2009, at 6:30 p.m., the Town of Taycheedah Zoning Board of Appeals will conduct a public hearing on the application of Andrew J. Lang and Karen L. Wagner for a Conditional Use Permit to operate a gas station, convenience store and 4-bay carwash on Lot #13 of Sandy Beach Business Park located in Section 31 in the Town of Taycheedah, Fond du Lac County, Wisconsin.
The hearing is open to the public and interested parties are encouraged to attend. A quorum of the Town Board members may be in attendance.
Dated this 18th day of May, 2009.
Brenda A. Schneider
Secretary, Board of Appeals
The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Tuesday, June 9, 2009, at 6:30 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by Andrew Lang & Karen Wagner, to operate a gas station, convenience store and 4-bay car wash on Lot #13 of Sandy Beach Business Park.
Members present were Chairman James Rosenthal, John Buechel, Barb Bertram, Tom Friess, and Gale Burg.
The hearing was tape-recorded and Secretary Brenda Schneider took notes.
The Chairman called the public hearing to order at 6:30 pm.
The Secretary read the hearing notice.
Andrew J. Lang was sworn in. His testimony and responses to Appeals Board member's questions were as follows:
• Lang plans to build a 4,600 sf. structure that will include 1100-1200 sf. of future retail space.
• The convenience store will be approximately 3,000 sf.
• He's planning a canopy of a maximum of 40' x 76' with LED focus lights. The lights provide very localized lighting; which greatly reduces light pollution.
• There will be three islands with two pumps on each island; which will be under the canopy. And there will be one hi-volume diesel pump.
• The carwash is planned to have four bays; three automatic, one hand-held plus an equipment room.
• The store and the carwash will have a commercial appearance.
• Lang has served as the general manager of operations for the family business. They have seven convenience stores and commercial rental properties.
• He has worked in convenience stores since he was six years old.
• He has had a feasibility site study done.
• He is currently in negotiation with two fuel brands.
• Lang recognized the closing of the station on the Bypass and noted that the Town would be held harmless.
• His expected hours of operation would be 5:30 or 6:00 am until 10:00 pm, later if there is demand.
• Pumps will have 24 hour pay-at-the-pump service.
• He will have full camera security with voice-over camera capabilities.
• He expects to hire 4-7 employees.
• Lang will be the owner/operator.
• He has been a Town of Taycheedah resident for the past six years.
• The feasibility study identified a need for a carwash.
• Stormwater retention is met within the development. His site will surface drain to the development's retention pond.
• Oil and fuel dry will be accessible for spill containment. He noted that most spills are 5-10 gallons.
• Emergency shut-off will be on the face of each panel, as required by State Code.
• The carwash dryers will have soft vinyl hoods on the jets. He would consider a cedar screen along the property.
• The carwash will be accessible 24/7, except in single-digit temperatures.
• Lang will have the contractor study lighting due to a concern that lights may hit Sandy Beach bedrooms at night. He noted that the closest light will be 400-600 feet from the homes. He added that LED lights illuminate on a direct area.
June 9, 2009 Board of Appeals 2.
Andrew Lang & Karen Wagner-Conditional Use Permit
• Lang was not able to answer the decibel level of the carwash dryers. He was informed of the Town's noise ordinance limitations.
• The site was developed by REC Engineering. The access was designed per DOT specifications. Based upon specs, there is no need for extra turn lanes.
Public comments and questions were as follows:
o Welsch commented that the site is at a low elevation; which would mean pole lights would be nearer to road grade.
o She questioned the need to have accessibility to a carwash after 10:00 pm. Lang responded that night-time is low-volume; used mainly by second-shifters and people leaving or returning from trips.
o She also questioned the benefit of trees on the berm along the west line of the business park. The Chairman responded that the trees could assist with noise and sight abatement.
o Evanow cited past problems with the sewer system due to the flood a year ago. He questioned if a carwash will further tax the system. Lang responded that each automatic carwash uses 30-40 gallons per wash and the hand-held service uses 8-12 gallons per wash. Lang added that people don't wash their cars during rainy weather.
o He questioned the need for four bays. Lang responded that research concluded that four bays would be sufficient to meet the anticipated demand. Lang added that the hand-held bay can be used for washing boats and large equipment.
o He commented that there should be a tree-line to the west. Evanow was informed that the berm is 250' parallel to Sandy Beach and approximately 300 from the site.
o He questioned how the Town feels about all the pollution going into the sewer system. Lang responded that the chemicals used in the carwash are regulated by the State. Rosenthal added that most of the carwashes in the City of Fond du Lac are eco-friendly. Evanow added that dirt would be a burden on the system. Rosenthal responded that dirt gets into the sewer system routinely by several means.
o Evanow questioned the sewer billing. Typically, a business is billed by the equivalent residential units. Taycheedah Sanitary District #1 will need to determine the appropriate number of units.
o He asked if gas stations are approved by the DNR being so close to the Lake. Lang responded that all gas stations must be approved by the DNR.
o Twohig has listened to carwash dryers. He noted that the noise is greater at the entry. He questioned if the carwash could be positioned north and south.
o Schneider questioned the height of the carwash doors. Lang responded that the doors will be 12' overhead doors in order to enable large equipment use.
o Lang repeated that there will be one hi-volume diesel pump with two hoses.
o Greene questioned the use of the retail space. Lang responded that he is planning on some type of restaurant.
o She questioned limitations on adult-type businesses.
June 9, 2009 Board of Appeals 3.
Andrew Lang & Karen Wagner-Conditional Use Permit
o Self-service will be accessible 24/7 with a credit card at the pump. There will be no control of customer behavior during the night. Also, the rental space could be a 24/7 operation. Lang responded that the population density would not support 24/7 businesses in Taycheedah; however, there is a possibility that demand in the future would support 24/7 operation.
o Mr. Lane questioned the current zoning of the lot and the need for a special permit. The property is zoned commercial. There are ten types of business that require a conditional use permit, per the Town of Taycheedah Zoning Ordinance. A gas station and a car wash are two of the ten. The ordinance identifies 54 other types of businesses that do not require a special permit.
Evelyn Defatte Singh:
o Ms. Singh questioned the size of the pump canopy and the number of lights on the underside. Lang responded 40' x 76' and 14-15' high. The underside will be lit with 12-20 LED lights.
o She requested verification that surface run-off will run to the retention pond, which drains to Lake Winnebago. It was explained that the retention pond is a settlement pond that is designed to allow sediments to settle and remain in the pond. It was unknown what the term of clean-out at which the pond was designed. Paul Lane noted that gas and oil is lighter than water which would not settle out and would be carried to the Lake.
o He has put a lot of money into the Mobil station. He offered to sell his station to the petitioners.
Board of Appeals discussion:
A retail space rental client may need to apply for a Conditional Use Permit dependent upon the type of business.
Lang is researching water reclamation systems for the carwash. His goal is to be as environmentally friendly as possible by limiting water consumption due fact that the system will use a private well. There should be no affect on the local water table. Every business that builds in the development will have their own well.
The DNR needs to approve a permit for an underground fuel storage tank.
The issue of surface draining is questionable. It was noted that this issue is regulated by others; not a function of the Town.
The property is outside of Shoreland Zoning. It is believed the property is not in the floodplain.
Brent Schumacher, one of the developers of the business park, was asked about the berm and surface draining to the pond. The developers hope to install a treeline along the berm but do not have the funds at this time. The detention pond is designed as a 30-year sediment pond. All of the development drains to the pond.
No other gas stations in the Town of Taycheedah are required to operate under an approved conditional use permit.
No study was done as to the impact on the aquifer and no planned use of water reclamation for the carwash.
There was concern about any impact to the residents on Sandy Beach Road. It was believed that the 5' high berm along the west and the wooded area to the north would provide adequate protection. It was also believed that there would be no traffic impact to Sandy Beach Road.
Lang did not know how deep the well would need to be. It was unknown if there would be any interference with the level of existing residential wells. A study could be done and submitted to the Town. Special conditions could address this matter.
June 9, 2009 Board of Appeals 4.
Andrew Lang & Karen Wagner-Conditional Use Permit
Lang was willing to plant a cedar screening to the west property line near the carwash to deflect sound and provide a visual screen.
Jim Rosenthal motioned to approve a Conditional Use Permit, to be issued to Andrew J Lang and Karen Wagner, for a term of five (5) years, for the operation of a gas station, convenience store and carwash subject to the following conditions:
13-1-68(a)(1), Landscaping-grass shall be planted within 90 days of occupancy. The shrubbery landscaping shall be completed and trees planted within one year of occupancy; which include adequate cedar screening of approximately 6-feet tall along the west property line.
13-1-68(a)(2), Type of construction-the primary structure is planned to be 4,600 square feet; which includes future retail space. The carwash is planned to have four bays plus a mechanical room. All structures will be of commercial appearance. The pump island canopy will be 40 feet x 76 feet.
13-1-68(a)(3), Construction commencement and completion dates- the buildings are to be completed by July 1, 2009. Completion date has a 15-day +/- exception pending weather.
13-1-68(a)(4), Sureties-none stated.
13-1-68(a)(5), Lighting-LED lights will be on the buildings and under the canopy. All lights will shine downward. The lighting will be the minimum requirement by the State and the insurance company.
13-1-68(a)(6), Fencing-fencing will be installed for the storage of dumpsters, propane containers or other debris.
13-1-68(a)(7), Operational Control-The doors of the carwash will be closed during single-digit weather.
13-1-68(a)(8), Hours of Operation-convenience store hours of operation shall be 5:30 a.m. to 10:00 p.m., seven days per week. After hours operation at the fuel pumps with credit card. Access to the carwash shall be 24 hours a day, seven days per week.
13-1-68(a)(9), Traffic Circulation-none stated.
13-1-68(a)(10), Deed Restrictions-none stated.
13-1-68(a)(11), Access Restrictions-access off of Winnebago Drive has been designed per DOT specifications. Public access to the site to be provided off of Taycheedah Way as illustrated in the plans presented.
13-1-68(a)(12), Setbacks and yards-setbacks and yards are established by the Town of Taycheedah Code of Ordinances. The illustrated setbacks have been reviewed and approved by the Wisconsin Department of Transportation and the Fond du Lac County Highway Department.
13-1-68(a)(13), Type of Shore Cover-silt fencing shall be installed prior to the commencement of construction and shall remain in place until the construction is complete and the grass is established.
13-1-68(a)(14), Specified sewage disposal and water supply systems-wastewater service will be provided by Taycheedah Sanitary District No.1. The structure will be served by a private well of a depth no greater than sufficiently needed in order to not interfere with existing residential use. Well depth information to be submitted to the Town.
13-1-68(a)(15), Planting Screens-plant a tree line with 6-foot cedar trees as noted in 13-1-68(a)(1).
13-1-68(a)(16), Piers and Docks-not applicable.
13-1-68(a)(17), Increased Parking-parking lot as illustrated on the plans presented.
Draining-to be provided by the development via surface drainage to the retention pond.
Disposal of waste material-leakage of contaminants must be cleaned-up in a timely manner.
General conformance-to the Town of Taycheedah Code of Ordinance is required.
Gale Burg seconded the motion.
Roll call vote:
Barb Bertram yes
John Buechel yes
Tom Friess yes
Gale Burg yes
Jim Rosenthal yes Motion carries unanimously.
Motion by John Buechel to adjourn at 8:45 pm, seconded by Gale Burg. Motion carried (5-0).
Brenda A. Schneider, Town Clerk
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