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Planning Commission

Regular Meeting

Little Chute, WI · March 13, 2023

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Agenda

AGENDA VILLAGE OF LITTLE CHUTE PLAN COMMISSION MEETING PLACE: Little Chute Village Hall – Village Board Room DATE: Monday, March 13, 2023 TIME: 6:00 p.m. Virtually attend the March 13th Plan Commission meeting at 6 PM by following the link here: Join Zoom Meeting: https://us06web.zoom.us/j/85842889948 Meeting ID: 858 4288 9948 Dial by your location: +1 312 626 6799 US (Chicago) A. Call to Order B. Roll Call C. Public Appearance for Items Not on the Agenda 1. Approval of Minutes from the Plan Commission Meeting of February 13th 2023 2. Public Hearing – 819 Grand Home Occupancy for in Home Daycare 3. Discussion/Action – 819 Grand Home Occupancy for in Home Daycare 4. Public Hearing – Conditional Use 1320 E Main St 5. Discussion/Action – Conditional Use 1320 E Main St 6. Recommendation – CSM Tri-S Management 7. Discussion/Action – Sec 44-394 Fence update 8. Discussion/Recommendation – Sec. 8 Update 9. Recommendation – CSM Agropur 10. Discussion – Section 44-191 44-192 11. Items for Future Agenda 12. Adjournment Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the Clerk's Office at 108 West Main Street, (920) 423-3852 March 9, 2023 MINUTES OF THE PLAN COMMISSION MEETING OF FEBRUARY 13, 2023 Call to Order The Plan Commission meeting was called to order at 6:00 PM by President Vanden Berg Roll Call PRESENT: President Vanden Berg Jim Moes Bill Van Berkel Kent Taylor Larry Van Lankvelt EXCUSED: Todd Verboomen STAFF PRESENT: Dave Kittel Public Appearance for Items Not on the Agenda None Approval of Minutes from the Plan Commission Meeting of January 9, 2023 Moved by Commissioner Van Lankvelt, seconded by Commissioner Van Berkel to approve the Plan Commission Meeting Minutes of January 9, 2023. All Ayes – Motion Carried Recommendation – CSM Freedom Rd Director Kittel Presented a CSM for Freedom Rd, this CSM would add to land to an existing property that would allow the property to be developed. This combination will also need a rezoning as well. Moved by Commissioner Moes, seconded by Commissioner Taylor to recommend approval of the CSM to the Village Board All Ayes – Motion Carried Recommendation – CSM Spirit Investments Director Kittel Presented a CSM for Spirit Investments to combine 2 lots into one on Spirit Ct. Moved by Commissioner Moes, seconded by Commissioner Van Berkel to recommend approval of the CSM to the Village Board All Ayes – Motion Carried Recommendation – Rezoning Freedom Road Director Kittel Presented a rezoning request for a portion of a property on Freedom Road. This is connection with the CSM presented previously and would be to change a small portion of property from RC-single family to CH-commercial Highway. Moved by Commissioner Moes, seconded by Commissioner L. Van Lankvelt to recommend approval of the rezoning to the Village Board and for the Board to schedule a hearing for the Rezoning Request. All Ayes – Motion Carried Discussion – Section 8 Updates Director Kittel Presented some proposed updates to Section 8 of the Village of Little Chutes Ordinances. These ordinances go over building codes and need updating to reference updated state statues. Director Kittel proposed that updating the code further and simplifying many parts to reference State Code specifically would reduce confusion, and simplify any updates in the future if a law changed or the state updated to a newer version of the building code. Staff was directed by the Plan Commission to present an updated version of Section 8 to the Plan Commission that staff recommended. Items for Future Agenda None Adjournment Moved by Commissioner L. Van Lankvelt, seconded by Commissioner Van Berkel to Adjourn Plan Commission Meeting at 6:32 PM All Ayes – Motion Carried VILLAGE OF LITTLE CHUTE By: ___________________________________ Michael Vanden Berg, Village President Attest: Laurie Decker, Village Clerk VILLAGE OF LITTLE CHUTE PLAN COMMISSION NOTICE OF PUBLIC HEARING CONDITIONAL USE REQUEST NOTICE IS HEREBY GIVEN that a Public Hearing will be held on March 13, 2023 at 6:00 p.m. by the Plan Commission, for consideration of the granting of conditional use under authority provided in Section 44 Village Code of Ordinance. Owner requests a conditional use permit for a home-based occupancy, more specifically to operate a in home daycare at the owner’s residence under the name Kenna Cares LLC. The property is Zoned; RC-Residential single-family District in the Village of Little Chute, Outagamie County, Wisconsin. Address: 819 Grand Ave Parcel # 260064900 Legal Description: 1988 AMENDMENT TO 1917 ASSESSORS PLAT LOT 1 BLK 41 Current Owner: Angela Olsen Applicant: McKenna Johnson DATE OF HEARING: March 13, 2023 TIME OF HEARING: 6:00 p.m. PLACE OF HEARING: Village Hall Board Room 108 West Main Street Little Chute, WI 54140 If you have any questions, please contact the Zoning Administrator at (920) 423-3870 Publish: March 1, 2023 Reasonable accommodations for persons with disabilities will be made upon request and if feasible. H:\SHARED DATA\Clerks Office-Public Files\Agenda Guts\March 13 Plan\hearing conditional use 819 Grand .doc 819 Grand CU map 102 110 116 820 819 105 816 813 812 807 808 3/2/2023, 8:35:06 AM 1:600 0 0.01 0.01 0.02 mi Address Zoning 0 0.01 0.01 0.03 km Parcels RC: Residential Single-Family Robert E. Lee & Associates, Brown County, Outagamie County Village of Little Chute Robert E. Lee & Associates, Inc., Outagamie County VILLAGE OF LITTLE CHUTE PLAN COMMISSION NOTICE OF PUBLIC HEARING CONDITIONAL USE REQUEST NOTICE IS HEREBY GIVEN that a Public Hearing will be held on December 12, 2022 at 6:00 p.m. by the Plan Commission, for consideration of the granting of conditional use under authority provided in Section 44 Village Code of Ordinance. Owner requests a conditional use permit for a automotive business, more specifically a facility that repairs and sells automobiles. The property is Zoned; CH-Commercial Highway in the Village of Little Chute, Outagamie County, Wisconsin. Address: 1320 E MAIN ST Parcel # 260134300 Legal Description: CSM 170 LOT 1 (PLATTED OUT OF PRT NW NE SEC22-21-18) .50AC M/L Current Owner: W&F HOLDINGS LLC Applicant: MATT PETERS DATE OF HEARING: December 12, 2022 TIME OF HEARING: 6:00 p.m. PLACE OF HEARING: Village Hall Board Room 108 West Main Street Little Chute, WI 54140 If you have any questions, please contact the Zoning Administrator at (920) 423-3870 Publish: December 7, 2022 Reasonable accommodations for persons with disabilities will be made upon request and if feasible. H:\SHARED DATA\Clerks Office-Public Files\Agenda Guts\March 13 Plan\hearing conditional use 1320 E Main st Auto.doc 1320 E Main St CU Map 1219 1221 1217 1215 1213 1209 1211 1203 1207 1160 304 1506 303 1412 1420 1117 301 1402 1320 1316 1503 1419 1415 1310 920 1407 1403 1319 910 1500 1317 1305 905 1301 1400 1215 3/2/2023, 9:31:12 AM 1:1,200 0 0.01 0.02 0.04 mi Address RC: Residential Single-Family Parcels RT: Residential Two-Family 0 0.01 0.03 0.06 km Robert E. Lee & Associates, Brown County, Outagamie County Zoning CH: Commercial Highway District Village of Little Chute Robert E. Lee & Associates, Inc., Outagamie County Certified Survey Map No. __________ Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin. LEGEND 3 4" x 18" Steel Rebar @ 1.50lbs/LF SET Masonry (MAG) Nail SET 3 4" Rebar Found 1" Iron Pipe Found 2" Iron Pipe Found Government Corner ( ) Recorded As S 89°55'45" E 546.20' Survey for: Tri S Management N 00°00'38" E PO Box 166 Little Chute, WI 54140 Lot 1 S 00°02'35" W 494.48' 275.08' 385.10' 192,062 Sq. Feet 4.4091 Acres 165.00' N 00°04'16" E 218.92' N 89°55'45" W 109.54' S 89°51'23" E 381.10' 109.38' 109.38' 117.40' L3 N 89°51'23" W **Line Table on Sheet 2** N 07°51'0 S 00°06'38" E 377.75' Lot 2 3" W 38 129,913 Sq. Feet 0 150 300 2.9824 Acres 0.93' Bearings are referenced to the South line of the Southeast 1/4, Section 15, T21N, R18E, assumed to bear S89°54'01"E, base on the Outagamie County Coordinate System. 156.00' L2 7" W L1 S 82°09'0 DAVEL ENGINEERING & ENVIRONMENTAL, INC. Civil Engineers and Land Surveyors 1164 Province Terrace, Menasha, WI 54952 Ph: 920-991-1866 Fax: 920-441-0804 www.davel.pro Drafted by: scott Sheet : 1 of 5 Certified Survey Map No. __________ Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin. Surveyor's Certificate I, Scott R. Andersen, Professional land surveyor, hereby certify: That in full compliance with the provisions of Chapter 236 of the Wisconsin Statutes and the subdivision regulations of the Village of Little Chute, and under the direction of The Village of Little Chute and Tri S Management, the property owners of said land, I have surveyed, divided and mapped this Certified Survey Map; that such map correctly represents all exterior boundaries and the subdivision of the land surveyed; and that this land is Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin, containing 321,975 Square Feet (7.3915 Acres) of land described as follows: Commencing at the South 1/4 corner of Section 15; thence S89°54'01”E along the south line of the Southeast 1/4 of said Section 15, 1314.31 feet to the east line of the Southwest 1/4 of the Southeast 1/4 of said Section 15; thence N00°16'32”W along said east line, 459.06 feet to the north right of way line of E. North Ave. (CTH “OO”); thence S82°09'07”W along said right of way line, 111.73 feet to the southeast corner of Lot 2 of Certified Survey Map No. 141 and to the Point Of Beginning of the parcel to be described; thence S82°09'07”W continuing along said right of way line, 54.01 feet to the east line of Frontage Road as shown on said Map No. 141; thence N07°50'53”W along said east line, 30.00 feet to the north line of said Frontage Road; thence S82°09'07”W along said north line, 156.00 feet to the Southwest corner of Lot 2 of said Map No. 141; thence N07°51'03”W along the west line of said Lot 2, 380.93 feet to the south line of Lot 1 of Certified Survey Map No. 5580; thence N89°51'23”W along said south line, 0.31 feet to the east line of Lot 1 of Certified Survey Map No. 7128; thence N00°04'16”E along said east line, 218.92 feet to the north line of said Lot 1; thence N89°55'45”W along said north line, 165.00 feet to the intersection of the south right of way line of Eisenhower Drive and the east right of way line of Nixon Steet; thence N00°00'38”E along said east right of way line, 275.08 feet to the north line of the Southwest 1/4 of the Southeast 1/4 of said Section 15; thence S89°55'45”E along said north line, 546.20 feet to the east line of Lot 1 of Certified Survey Map No. 5580; thence S00°02'35”W along said east line, 494.48 feet to the south line of said Lot 1; thence N89°51'23”W along said south line 117.40 feet to the east line of Lot 2 of Certified Survey Map No. 141; thence S00°06'38”E along said east line, 377.75 feet to the point of beginning. Described parcel is subject to all easements, and restrictions of record. LINE TABLE LINE BEARING DISTANCE L1 S 82°09'07" W 54.01' L2 N 07°50'53" W 30.00' L3 N 89°51'23" W 0.31' LINE (Recorded BRG) (Recorded DIST) L1 (S 81°58'00" W) (54.00') L2 (N 08°02'00" W) (30.00') Drafted by: scott Sheet : 2 of 5 Certified Survey Map No. __________ Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin. Owner's Certificate Tri-S Management, a Wisconsin General Partnership duly organized and existing under and by virtue of the Laws of the State of Wisconsin, as the property owners, do hereby certify that we caused the land above described to be surveyed, divided, and mapped all as shown and represented on this map. We do further certify this Certified Survey Map is required by s.236.10 or s.236.12 to be submitted to the following for approval or objection: Village of Little Chute IN WITNESS WHEREOF, the said Tri-S Management, has caused these presents to be signed by its authorized representatives, located at, _________________, Wisconsin, and its corporate seal to be hereunto affixed this _______day of ______________________, 20______. In the Presence of: Tri-S Management By By print name print name Title Title State of Wisconsin ) )ss __________ __ County ) Personally came before me this ___________day of ___________________, 20____, the above named, officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. My commission expires: . Notary Public, Wisconsin Drafted by: scott Sheet : 3 of 5 Certified Survey Map No. __________ Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin. Owner's Certificate The Village of Little Chute, a Wisconsin Municipal Corporation duly organized and existing under and by virtue of the Laws of the State of Wisconsin, as the property owners, does hereby certify that we caused the land above described to be surveyed, divided, and mapped all as shown and represented on this map. We do further certify this Certified Survey Map is required by s.236.10 or s.236.12 to be submitted to the following for approval or objection: Village of Little Chute Dated this ________ day of _________________________________, 20______ __________ _______________ _ __________________________________ Michael Vanden Berg Laurie Decker Village President Village Clerk State of Wisconsin ) )SS __________________County) Personally came before me on the _______ day of ________________________, 20______, the above the property owner(s) to me known to be the persons who executed the foregoing instrument and acknowledge the same. __________ _____________________ My Commission Expires ____________________ Notary Public, Wisconsin Drafted by: scott Sheet : 4 of 5 Certified Survey Map No. __________ Lot 2 of Certified Survey Map No. 141 and Part of Lot 1 of Certified Survey Map No. 5580, Being Located in the Southwest 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 15, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin. Village Board Certificate Resolved, that this Certified Survey Map in the Village of Little Chute, Outagamie County, The Village of Little Chute and Tri-S Management, the property owners, is hereby approved by the Village Board of the Village of Little Chute. Michael Vanden Berg Date Village President I hereby certify that the foregoing is a copy of a resolution adopted by the Village Board of the Village of Little Chute. Laurie Decker Date Village Clerk Treasurers' Certificate I, being the duly elected, qualified and acting Treasurers of the City of Menasha, do hereby certify that in accordance with the records in our office, there are no unredeemed tax sales and unpaid taxes, or special assessments on and of the land included in this certified survey map. Lisa Remiker-Dewall Date Village Treasurer This Certified Survey Map is contained wholly within the property described in the following recorded instruments: the property owners of record: Recording Information: Parcel Number(s): Tri-S Management Doc. 1063924 26-0127900 Village of Little Chute Doc. 1899270 26-0127910 Drafted by: scott Sheet : 5 of 5 Item For Consideration For Plan Commission Review On: 3/13/20230 Prepared On: 3/2/2023 Agenda Item Topic: Updates to Sec 44-394 Prepared By: Dave Kittel CDD Report: Over the last few years there has been many residents that question the fence height requirement of 42” in the front yard/abutting a street. There have been many upset residents over this due to most fences you can order from a hardware store are either 48” or 6ft tall. I have had many requests to bring this up for discussion at the plan commission/Village Board to reevaluate this provision. There are public safety concerns from having too tall of a fence is blocking sight lines for cars backing out of driveways among other items. The department examined surrounding municipalities ordinances on this and found a mixture of approaches to fences in the front yard area, see chart below: Municipality Front yard Fence Additional regulation height (Not fully inclusive of all additional regulation) City of Appleton 3ft City of Kaukauna 42in Not in vision triangle Village of Kimberly 48in 50% open to vision Village of Combined 48in Locks Village of Greenville 48in Cannot inhibit flow of surface water Town of Grand Chute 42in Town of Buchanan 42in After reviewing the requests and looking at other approaches to this allowing for a 48” tall fence in the front yard that is at least 50% open to vision would still protect public safety while allowing for more fencing options to the residents of the Village. See below update to Sec 44- 394 Item For Consideration Sec. 44-394. Fences and hedges. (c) Height regulated. Notwithstanding other provisions of these regulations, ornamental fences, walls and hedges may be permitted in any required yard or along the edge of any required yard provided no such fence, wall shall exceed a height of 42 48 inches in any yard abutting a street with 50% open to vision if fence is over 42 inches, and no such fence, wall shall exceed a height of six feet in any other required yard. Fiscal Impact: None Recommendation/ Action: To recommend the Village Board to hold a hearing on updating Sec. 44-394 to allow for fencing in any yard abutting as street up to 48 inches with 50% open to vision if fence is over 42 inches. Respectfully Submitted, Dave Kittel, Community Development Director Item For Consideration For Plan Commission Review On: 3/13/2023 Prepared On: 3/9/2023 Agenda Item Topic: Updates to Sec 8 Prepared By: Dave Kittel CDD Report: Section 8 of the Village of Little Chute code of Ordinances covers Buildings and Building Regulations. As discussed during the previous plan commission meeting the commission direct staff to proceed with an update and simplification of Sec 8. The Section has been updated to adopt the building codes as prescribed by DSPS in state Statue. The areas that detailed the code has been removed and is reference to the adopted building codes to prevent any confusion and simplify any updates in the future. The articles in this section have been re-numbered as well. The Code is still being reviewed to ensure that other parts of the overall Village Ordinance are updated as well if needed. See attached updates to Sec 8. Fiscal Impact: None Recommendation/Board Action: Discussion on updates to Sec 8 and recommendation to update Sec 8 Respectfully Submitted, Dave Kittel, Community Development Director 100 Camelot Drive Fond Du Lac, WI 54935 Phone: (920) 926-9800 www.EXCELENGINEER.com ARCHITECTS ● ENGINEERS ● SURVEYORS Always aBetter Plan JOB NO. 2101120 100 Camelot Drive Fond Du Lac, WI 54935 Phone: (920) 926-9800 www.EXCELENGINEER.com ARCHITECTS ● ENGINEERS ● SURVEYORS Always aBetter Plan JOB NO. 2101120 CERTIFIED SURVEY MAP NO. ______ LOTS 1, 2 & 3 OF CSM NO. 7620, PART OF LOT 2 OF CSM NO. 7814, PART OF THE NE 1/4 OF THE SE 1/4, VACATED KAREN DRIVE, ALL BEING PART OF THE NE 1/4 & SE 1/4 OF THE SE 1/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 18 EAST, VILLAGE OF LITTLE CHUTE, OUTAGAMIE COUNTY, WISCONSIN. SURVEYOR'S CERTIFICATE I, Ryan Wilgreen, Professional Land Surveyor, hereby certify: That I have surveyed, divided and mapped a parcel of land described below. That I have made such Certified Survey under the direction of Agropur, Inc. bounded and described as follows: Lots 1, 2 & 3 of Certified Survey Map No. 7620 recorded in the Outagamie County Register of Deeds office in Volume 46 of Maps on Page 7620 as Document No. 2144899, Part of Lot 2 of Certified Survey Map No. 7814 recorded in the Outagamie County Register of Deeds office on October 10, 2019 as Document No. 2173383, part of the Northeast 1/4 of the Southeast 1/4, Vacated Karen Drive per Street Vacation Resolution No. ____ recorded in the Outagamie County Register of Deeds office as Document No. _________, all being part of the Northeast 1/4 & Southeast 1/4 of the Southeast 1/4 of Section 9, Township 21 North, Range 18 East, Village of Little Chute, Outagamie County, Wisconsin being more particularly described as follows: Commencing at Southwest corner of the Southeast 1/4 of said Section 9; thence South 88°-30’-02” East along the South line of said Southeast 1/4, a distance of 1,528.61 feet to the Southerly extension of a West line of Lot 2 of said Certified Survey Map No. 7814; thence North 00°-30’-58” East along said Southerly extension, a distance of 33.00 feet to the Northerly right-of-way line of Evergreen Drive, said point also being the Southwest corner of said Lot 2 and the point of beginning; thence continuing North 00°-30’-58” East along said West line of Lot 2, a distance of 410.00 feet to a West corner of said Lot 2, thence North 88°-30’-02” West along a South line of said Lot 2, a distance of 210.00 feet to a West line of said Lot 2, thence North 00°-30’-58” East along said West line and the West line of said Certified Survey Map No. 7620, a distance of 1,525.45 feet to the Northwest corner of Lot 2 of said Certified Survey Map No. 7620; thence South 88°-45’-08” East along the North line of Lots 2 & 3 of said Certified Survey Map No. 7620, a distance of 1,257.20 feet to the Westerly right-of-way line of Freedom Road; thence South 00°-11’-16” West along said Westerly line, a distance of 216.50 feet to a Northwesterly meander line of an unnamed stream; thence South 69°-18’- 48” West along said meander line, a distance of 237.12 feet; thence South 32°-58’-59” West along said meander line, a distance of 414.18 feet; thence South 41°-52’-32” West along said meander line, a distance of 210.79 feet; thence South 48°-36’-16” West along said meander line, a distance of 518.27 feet to the Northerly extension of the East line of lands per Warranty Deed Document No. _________; thence South 00°-30’-58” West along said East line and it’s Northerly extension, a distance of 768.26 feet to the Northerly right-of-way line of Evergreen Drive; thence North 88°- 30’-02” West along said Northerly line, a distance of 80.01 feet to the point of beginning and containing 25.837 acres (1,125,469 sq. ft.) of land more or less. ALSO; Those land lying between said Northwesterly meander line and the centerline of an unnamed stream containing 1.01 acres of land more or less. That such is a correct representation of all the exterior boundaries of the land surveyed and the subdivision thereof made. That I have fully complied with the provisions of Section 236.34 of the Wisconsin Statutes and the Subdivision Ordinance of the Village of Little Chute in surveying, dividing and mapping the same. ______________________________ Ryan Wilgreen, P.L.S. No. S-2647 ryan.w@excelengineer.com Excel Engineering, Inc. Fond du Lac, Wisconsin 54935 Project Number: 2101120 SHEET 3 OF 5 SHEETS CERTIFIED SURVEY MAP NO. ______ LOTS 1, 2 & 3 OF CSM NO. 7620, PART OF LOT 2 OF CSM NO. 7814, PART OF THE NE 1/4 OF THE SE 1/4, VACATED KAREN DRIVE, ALL BEING PART OF THE NE 1/4 & SE 1/4 OF THE SE 1/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 18 EAST, VILLAGE OF LITTLE CHUTE, OUTAGAMIE COUNTY, WISCONSIN. OWNER'S CERTIFICATE Agropur, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Wisconsin, as owner, does hereby certify that said corporation caused the land described on this plat to be surveyed, divided and mapped as represented on this plat. Agropur, Inc. does further certify that this plat is required by s.236.10 or s.236.12 to be submitted to the following for approval or objection: 1. Village of Little Chute WITNESS the hand and seal of said owner this _______ day of _________________, 20___. Agropur, Inc. ______________________________________________________ ___________________________, __________________________ (Print) (Title) STATE OF ____________________ ) ______________________COUNTY )SS Personally came before me this ______ day of ______________, 20___, the above named _______________________ to me known to be the person who executed the foregoing instrument and acknowledged the same. ______________________________________ Notary Public, _______________ County, ____ My Commission Expires:__________________ SHEET 4 OF 5 SHEETS CERTIFIED SURVEY MAP NO. ______ LOTS 1, 2 & 3 OF CSM NO. 7620, PART OF LOT 2 OF CSM NO. 7814, PART OF THE NE 1/4 OF THE SE 1/4, VACATED KAREN DRIVE, ALL BEING PART OF THE NE 1/4 & SE 1/4 OF THE SE 1/4 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 18 EAST, VILLAGE OF LITTLE CHUTE, OUTAGAMIE COUNTY, WISCONSIN. TREASURER'S CERTIFICATE I, being the duly elected, qualified and acting Treasurer, do hereby certify that the records in my office show no unredeemed taxes and no un-paid taxes or special assessments on any of the lands included in this Certified Survey Map as of the ______ day of ______________, 20___. ___________________________________________ ______________________________________ Lisa Remiker-Dewall Date Trenten Woelfel Date Village Finance Director County Treasurer VILLAGE BOARD APPROVAL Approved by the Village of Little Chute, Outagamie County, Wisconsin, by the Village Board on the ______ day of ______________, 20___. ___________________________________________ ______________________________________ Michael R. Vanden Berg Date Laurie Decker Date Village President Village Clerk This Certified Survey Map is contained wholly within the property described in the following recorded instruments Owner of Record Recording Information: Parcel Number: Agropur, Inc. Document No. 2236016 260017612 Agropur, Inc. Document No. 2236016 260430500 Agropur, Inc. Document No. 2236016 260430600 Agropur, Inc. Document No. 2236016 260430601 Agropur, Inc. Document No. 2236016 260017613 Agropur, Inc. Document No._______ (vacated Karen Dr) Agropur, Inc. Document No. 2236016 260017611 Agropur, Inc. Document No. ______(warranty deed part of 260017606) SHEET 5 OF 5 SHEETS Item For Consideration For Plan Commission Review On: 3/13/2023 Prepared On: 3/9/2023 Agenda Item Topic: Updates to Sec 44-192 & 44-192 Prepared By: Dave Kittel CDD Report: Recently Staff have received some questions and general concern about Sec. 44-191 and Sec. 44-192. There are a few portions of these sections that seem to either go against other portions of the ordinance, intent or may need general updating to reflect changes in vehicle size. Section 44-149 discusses storage and parking of recreational vehicles, automobiles, and utility trailers. The concern that has been risen is a portion that states “The vehicle shall be owned by the resident on whose property the unit is parked for storage” and this pertains to both residential and commercial properties. As written, this would prohibit storage of an RV or other vehicle on any commercial property unless you where the owner. With outdoor storage being allowed in certain circumstances this conflicts with this portion of the ordinance. Staff is investigating changing this to apply only to residential properties and not commercial. Section 44-192 discusses storage of trucks, tractors, and road machinery. The concern that was risen was in regard to the weight and height restrictions for a motor vehicle. Currently: “No motor vehicle with a tare or empty weight in excess of 8,000 pounds , over 16 feet in length, or having a height of more than eight feet from the roadway , bearing a commercial license, including school buses, and no commercially licensed trailer, including semitrailers, shall be parked or stored in a residential district, except when loading, unloading or rendering a service.”. There are many larger pickup trucks that are in excess of 8,000 pounds that residence own to tow RV’s and such. Modern vans that are not camper vans can be slightly more than 8 feet tall. Vehicles have only gotten larger since this ordinance was written and it may be time to look at this portion. Item For Consideration The ordinances are attached with the areas of concern brought to staff highlighted. Currently this is brought to the Plan Commission for consideration of updates and possibly directing staff to pursue an update to these portions of the ordinance. Fiscal Impact: None Recommendation/Board Action: Discussion Respectfully Submitted, Dave Kittel, Community Development Director Sec. 44-191. Storage and parking of recreational vehicles, automobiles, and utility trailers. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly, indicates a different meaning: Boat means every description of watercraft used or capable of being used as a means of transportation on water. Mobile home means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The length of a mobile home means the distance from the exterior of the front wall (nearest to the exterior of the drawbar and coupling mechanism) to the exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions or other attachments. The width of a mobile home means the distance from the exterior of one side wall to the exterior of the opposite side wall where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, wall and roof extensions or other attachments. Recreational vehicle means any of the following: (1) Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this article, is termed an unmounted boat or snowmobile. (2) Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses. (3) Chassis mounts, motor homes and mini-motor homes means recreational structures constructed integrally with a truck of motor-van chassis and incapable of being separated thereform. (4) Converted and chopped vans means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle. (5) Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle. (6) Pickup coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses. (7) Travel trailer means a vehicular, portable structure built on a chassis and on wheels that is between ten and 36 feet long, including the hitch, and eight feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car, station wagon, or truck. The term "travel trailer" includes so-called fifth-wheel units. Yard, front means that part of a lot between the front lot line and front of the principal building on the lot and extended to both side lot lines. Yard, rear means that part of a lot between the rear lot line and the back of the principal building on the lot and extended to both side lot lines. Yard, side means that part of a lot not surrounded by a building and not in the front or rear yard. (b) Permitted parking or storage of recreational vehicles, automobiles and utility trailers. In all residential and commercial districts provided for in this zoning chapter, it is permissible to park or store a recreational vehicle or boat and boat trailer or automobile or utility trailer on private property in the following manner: Created: 2023-01-31 13:14:27 [EST] (Supp. No. 14) Page 1 of 2 (1) The body of the vehicle must be five feet from the face of any curb or, if no curb, ten feet from the edge of the pavement. (2) No part of the unit may extend over the public sidewalk or public right-of-way. (3) Parking is permitted only for storage purposes. Vehicles shall not be: a. Used for dwelling purposes, except for overnight sleeping for a maximum of three consecutive days. The zoning administrator may extend the time period if no complaints are received. Cooking is not permitted at any time. b. Permanently connected to sewer lines, water lines or electricity. The vehicle may be connected to electricity temporarily for charging batteries and other purposes. c. Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use. (4) Notwithstanding the restrictions in this section, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use not to exceed 24 consecutive hours. (5) The vehicle shall be owned by the resident on whose property the unit is parked for storage. (6) No storage or parking shall be allowed on lawns in front or side yards. (7) Parking or storage in rear yards is allowed on lawns subject to minimum setbacks of three feet from neighboring side or rear lot lines and 15 feet from street property lines. (8) All paved parking or storage areas shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement). (Code 2006, § 13-1-124; Ord. No. 15(Ser. of 2008), § 1(13-1-124), 11-19-2008; Ord. No. 7(Ser. of 2009), § 1, 6-3- 2009) Sec. 44-192. Storage of trucks, tractors and road machinery. (a) Truck parking in residential areas. No motor vehicle with a tare or empty weight in excess of 8,000 pounds, over 16 feet in length, or having a height of more than eight feet from the roadway, bearing a commercial license, including school buses, and no commercially licensed trailer, including semitrailers, shall be parked or stored in a residential district, except when loading, unloading or rendering a service. (b) Tractors and road machinery. No person, firm, or corporation shall park, keep, or maintain on properties zoned as residential or multiple residential dwellings the following types of vehicles: tractors, tractor trailers, dump trucks, auto wreckers and road machinery. Said vehicles may not be kept or parked on said premises whether or not they are in enclosed buildings, except for the purposes of unloading or servicing the premises. (c) Vehicle or storage container use in all districts prohibited. No truck, truck tractor, truck trailer, bus, cargo or storage container, or portion thereof, shall be used for, or converted for use as, office, mercantile, residential or storage purposes in any district, except for temporary construction trailers in use at a construction site. (Code 2006, § 13-1-125; Ord. No. 15(Ser. of 2008), § 1(13-1-125), 11-19-2008) Created: 2023-01-31 13:14:27 [EST] (Supp. No. 14) Page 2 of 2

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