Planning Commission

AGENDA VILLAGE OF LITTLE CHUTE PLAN COMMISSION MEETING PLACE: Little Chute Village Hall – Village Board Room DATE: Monday, December 11th, 2023 TIME: 6:00 p.m. Virtually attend the December 11th, Plan Commission meeting at 6 PM by following the link here: Join Zoom Meeting: https://us06web.zoom.us/j/84041007423 Meeting ID: 840 4100 7423 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 November 13, 2023 2. Public Hearing – 400 Wilson Variance Request 3. Discussion/Action – 400 Wilson Variance Request 4. Discussion – Section 8 Updates Continued 5. Items for Future Agenda 6. 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 December 7, 2023  MINUTES OF THE PLAN COMMISSION MEETING OF NOVEMBER 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 Larry Van Lankvelt Todd Verboomen EXCUSED: Tom Lonsway Kent Taylor STAFF PRESENT: Dave Kittel, Beau Bernhoft Public Appearance for Items Not on the Agenda None Approval of Minutes from the Plan Commission Meeting of October 9, 2023 Moved by Commissioner Verboomen, seconded by Commissioner L. Van Lankvelt to approve the Plan Commission Meeting Minutes of October 9, 2023. All Ayes – Motion Carried Public Hearing – Conditional Use Permit, 839 Moasis 4B Moved by Commissioner Moes, seconded by Van Berkel to enter Public Hearing at 6:04 PM All Ayes – Motion Carried Director Kittel presented a request for an automotive business, for limited hours during the week, sales would be included not to exceed 2 for sale at a time. The unit has 2 parking spaces associated with it. Notices went out to residents within 100 feet of property, no comments or concerns were received. Property is zoned commercial highway, thus requires conditional use process. Staff have reviewed and recommends with following conditions: -No vehicles may be disassembled outside of the unit -No more than two Vehicles can be displayed for sale at any time -No outside storage of any automotive parts, tools or other items such as but not limited to: tires, bumpers, oil cans, batteries, engine hoists, ect. -If any complaints are received the Community Development director can revoke the conditional use if the concerns are not resolved. -The unit must meet all applicable commercial building code requirements for this use -All applicable ordinances must be followed -The Community Development Director or designee may enter the premises to ensure compliance with these conditions at any time. Mr. Roger Sabel, 1724 Franklin Street, requester of conditional use was available for questions and comments. Moved by Commissioner Moes, seconded by Commissioner Van Berkel to exit Public Hearing at 6:05 p.m. All Ayes – Motion Carried Public Hearing – Conditional Use Permit, 1100 West Main Street Moved by Commissioner Verboomen, seconded by Commissioner L Van Lankvelt to enter Public Hearing at 6:06 p.m. All Ayes – Motion Carried Director Kittel presented a conditional use for 1100 West Main Street for automotive use with sales associated. Staff have reviewed and recommended approval with the conditions : -No vehicles may be disassembled outside of the building -No Vehicles can be displayed for sale at any time in the right of way area in front of the building -No outside storage of any automotive parts, tools or other items such as but not limited to: tires, bumpers, oil cans, batteries, engine hoists, ect. unless in an appropriate storage container and meets outdoor storage requirements per ordinance. -The Building must meet all applicable commercial building code requirements for this use -All applicable ordinances must be followed - The applicant/property owner must have the property cleared of existing junked vehicles within 90 days of approval of this conditional use. -An opaque fence (90% or above) shall be constructed in the rear of the property for outdoor storage within 7 months of approval. -If any complaints are received the Community Development director may revoke the conditional use if the concerns are not resolved. -The Community Development Director or designee may enter the premises to ensure compliance with these conditions at any time. The applicant, Mr. Gary Konetzke was available for questions and comments. Moved by Commissioner Moes, seconded by Commissioner Verboomen to exit Public Hearing at 6:08 p.m. All Ayes – Motion Carried Discussion/Action – 839 Moasis 4B Conditional Use Permit Moved by Commissioner Moes, Seconded by Commissioner L. Van Lankvelt to approve with conditions as listed by Community Development Director Kittel. Discussion/Action – 1100 West Main Street Conditional Use Moved by Commission Verboom, seconded by Commissioner Van Berkel to approve with conditions as listed by Community Development Director Kittel. All Ayes – Motion Carried Recommendation – CSM 311 & 315 W North Drive Director Kittel presented a CSM that was originally submitted to the village in 20109 and approved but the CSM was not recorded with the county. Staff recommend approval of the CSM to the Village Board. Moved by Commissioner Moes, seconded by Commissioner Van Berkel to Recommend to the Village board Approval of the CSM to the Village Board All Ayes – Motion Carried Recommendation – Site Plan Skid Steer Director Kittel a site plan for a new building in the industrial park located at 1603 Stephens St for Skit Steer. Staff have received and reviewed the plans and recommends approval of the site plan pending final comments being addressed for storm water items. Moved by Commissioner L. Van Lankvelt, seconded by Commissioner Verboomen to Recommend to the Village board Approval of site plan pending final comments are addressed. All Ayes – Motion Carried Discussion – Section 8 Update Director Kittel presented the first portion of section 8 for review. Changes are included in the packet for review. Many of the changes simplify the ordinance. Items for Future Agenda Adjournment Moved by Commissioner Verboomen seconded by Commissioner L. Van Lankvelt to Adjourn Plan Commission Meeting at 6:20 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 VARIANCE REQUEST NOTICE IS HEREBY GIVEN that a Public Hearing will be held on December 11, 2023 at 6:00 p.m. by the Plan Commission, for consideration of the granting of Variance under authority provided in Section 44 Village Code of Ordinance. The request is for property located at: Address: 400 WILSON ST Parcel # 260006000 Legal Description: ASSESSORS PLAT LOT 12 BLK 4 Current Owner: JACOB R MARX Applicant: JACOB R MARX Applicant is requesting a variance for a detached garage over the 960 square foot size restriction and over the 16 foot height restriction stated in Sec 44-391 (C)(1) b. Notice is further given that the said meeting is open to the public and that the applicants and any other persons interested may appear and be heard for or against the granting of variance by this Commission. If you have any questions, please contact the Zoning Administrator at (920) 423-3870 DATE OF HEARING: December 11, 2023 TIME OF HEARING: 6:00pm PLACE OF HEARING: Village Hall Board Room 108 West Main Street Little Chute, WI 54140 Publish: November 29, 2023 & December 6, 2023 Reasonable accommodations for persons with disabilities will be made upon request and if feasible.  Item For Consideration For Plan Commission Review On: 12/11/20232 Prepared On: 11/10/2023 Agenda Item Topic: 400 Wilson St Prepared By: Dave Kittel CDD Report: The owner of 400 Wilson St is requesting a Variance to add on to an existing detached garage that will exceed the size limitation of 960 square feet and max height of 16 feet set in Village Ordinance (Section 44-391(c)(1)b.). The existing detached garage is 840 square feet, and the proposed addition is 946 square feet. Plans for the proposed addition are attached to this report in addition to the application and notice sent to residents within 100ft of this property and the newspaper. There are a few areas that this proposed addition would conflict with existing ordinance Size, lot coverage and height. As stated above the max size for a detached garage is 960sqft, the height is 16 feet and the overall lot coverage for a Residential Conventional (RC) zoned property is 35% (not including driveway and walkways). Per the submitted plans the prosed size of the addition would exceed the 960sqft allowance and height restriction of 16 feet. Lot coverage with the proposed addition would also be over the 35% allowance. Currently, the property with the house, detached garage and patio sits on 2,215 square feet of the property covering 28% of the lot. With the proposed detach garage addition at 946sqft the lot coverage would be 40.39%. To meet the overall lot coverage amount allowed per ordinance the addition could not exceed 523.75sqft. Staff have reviewed the request and find no concern regarding public health safety and welfare with the request. The determination of this request is up to the Plan Commission. It is the responsibility of the Plan Commission to review the ordinance in question and determine if there is an undo hardship from the ordinance in this situation that would warrant the approval of the requested Variance. Fiscal Impact: None Recommendation/Board Action: Discussion Respectfully Submitted, Dave Kittel, Community Development Director  400 Wilson St 11/10/2023, 1:24:37 PM 1:564 0 0 0.01 0.01 mi Tax Parcel Information Plat Boundary Lines Lot Dimension Streets 0 0.01 0.01 0.02 km Property Address Plat Boundary Tax Key LOCAL Outagamie County GIS PLSS Sections Plat Lot Number Highway Labels Web AppBuilder for ArcGIS Outagamie County GIS | Outagamie GIS |  400 Wilson Zoning map 426 428 427 424 301 313 319 327 401 407 413 417 423 424 423 420 414 413 416 404 420 402 408 407 400 320 326 402 408 414 408 330 401 324 325 324 321 325 403 409 318 317 315 216 222 312 312 124 217 133 11/10/2023, 1:22:42 PM 1:1,200 0 0.01 0.02 0.04 mi Address RC: Residential Single-Family 0 0.01 0.03 0.06 km Parcels RT: Residential Two-Family Robert E. Lee & Associates, Inc., Outagamie County Zoning CB: Central Business Village of Little Chute Robert E. Lee & Associates, Inc., Outagamie County  Item For Consideration For Plan Commission Review On: 12/11/2023 Prepared On: 11/15/2023 Agenda Item Topic: Updates to Sec 8-55 to 8-64 Prepared By: Dave Kittel CDD Report: Section 8 of the Village of Little Chute code of Ordinances covers Buildings and Building Regulations. Over the years there have been some minor updates but, upon recent review there are some needed updates. Due to the size of the Ordinance Staff is breaking up the revisions into smaller segments to present for review. Attached is the second round of updates for Article III of Section 8, the text highlighted and strike through are deletions Red and Underline are additions to the ordinance. With how the updates are currently proposed in Sec 8-21 the code has been adopted for all trades meaning Article III is mostly no longer needed and redundant in its current format. The portion discussing plumbing permits and fees will be covered now in Sec 8-20 and 8-32. Section 8 will need to be re-organized and re-number before a final presentation of the updates are presented. The main changes to this portion of Section 8 are: -Removing language referring to the Plumbing code of the Village of Little Chute -Updating code reference to the new updated building Code - simplifying language and removing unnecessary items, the definitions previously provided are part of the referenced building code. The plumbing code is adopted in updated language -Sec 8-55 through 8-61 and 8-64 are deleted as no longer needed. Fiscal Impact: None Recommendation/Board Action: Discussion on updates to Sec 8 Respectfully Submitted, Dave Kittel, Community Development Director  - CODE OF ORDINANCES Chapter 8 - BUILDINGS AND BUILDING REGULATIONS ARTICLE III. PLUMBING CODE ARTICLE III. PLUMBING CODE Sec. 8-55. Title. This article shall be known as the "Plumbing Code of the Village of Little Chute," and will be referred to as the plumbing code or this article. (Code 2006, § 15-2-1) Sec. 8-56. Purpose. (a) The purpose of this article is to provide minimum regulations, provisions and requirements in the village to ensure safety and adequacy to persons and property whenever plumbing is installed and to all alterations or improvements, including replacement of any apparatus or device pertaining to plumbing. (b) The provisions of this article shall apply to every building, or portion of a building, devoted to a new use for which the requirements are in any way more stringent than the requirements covering the previous use. (Code 2006, § 15-2-2) Sec. 8-57. State regulations adopted. (a) Adopted by reference. Wis. Stats. ch. 145; the state plumbing code, Wis. Admin. Code ch. COMM 81; and Wis. Admin. Code chs. COMM 82 and 84, are hereby adopted by reference, incorporated herein and made a part of this article with the same force and effect as though set out in full. (b) To be on file. A copy of the state plumbing code shall be on file in the offices of the community development director. (Code 2006, § 15-2-3) Sec. 8-58. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Plumbing means and includes: (1) All piping, fixtures, appliances, equipment, devices and appurtenances in connection with the water supply, water distribution and drainage systems, including hot water storage tanks, water softeners and water heaters connected with such water and drainage systems, and the installation thereof. (2) The construction, connection or installation of any drain or waste piping system from the outside or proposed outside foundation walls of any building to the mains or other sewerage system terminal within the bounds of or beneath an area subject to easement for highway purposes, including private domestic sewerage treatment and disposal systems, and the alteration of any such systems, drains or waste piping. Little Chute, Wisconsin, Code of Ordinances Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 1 of 6  (3) The water service piping from the outside or proposed outside foundation walls of any building to the main or other water utility service terminal within the bounds of or beneath an area subject to easement for highway purposes and its connections. (4) The water pressure systems other than municipal systems as provided in Wis. Stats. ch. 144. (5) A plumbing and drainage system so designed and vent piping so installed as to keep the air within the system in free circulation and movement; to prevent with a margin of safety unequal air pressures of such force as might blow, siphon or affect trap seals or retard the discharge from plumbing fixtures or permit sewer air to escape into the building; to prohibit cross connection, contamination or pollution of the potable water supply and distribution systems; and to provide an adequate supply of water to properly service, cleanse and operate all fixtures, equipment, appurtenances and appliances served by the plumbing system. (Code 2006, § 15-2-4) Sec. 8-59. Plumbing permits. (a) Required. No work contemplated by this article shall be started until a permit therefor has been obtained from the community development director or his authorized agent, provided no permit shall be required for minor repairs to faucets or the removal of stoppages in soil and waste pipes. (b) Application. The application shall be, in writing, upon forms which the community development director shall provide and shall include the name of the owner and the description of the property on which the work is to be done, along with such pertinent information as the community development director may require, and shall state that the property owner and the applicant will be bound by and subject to the provisions of this article. (c) Issuance, term, suspension and revocation. When the community development director is satisfied that the work proposed by the applicant can be done in conformity with the provisions of this article and after the appropriate fees have been paid to him, he shall issue the permit. Such permit shall allow for the continuous performance of the work named thereon. A permit shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for same as may be approved by the community development director and shall automatically expire on completion of the work for which it is used; provided the community development director may, upon notice, suspend or revoke such permit for violation of the provisions of this article. (d) Restriction on issuance. (1) No plumbing permit shall be issued to any person who is in violation of this article until such violation has been corrected. (2) No plumbing permit shall be issued to any person against whom an order issued by the community development director is pending, provided this restriction may be waived by the community development director. (e) Appeals for failure to issue, suspend and revoke. Any person directly interested who is aggrieved by the decision of the community development director to refuse to issue a permit or to suspend or revoke such permit or to order work stopped under subsection (c) of this section may obtain review of such determination pursuant to section 8-33(c). (Code 2006, § 15-2-5) Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 2 of 6 Sec. 8-60. Plumbers to be licensed. All plumbing work shall be done only by a plumber licensed by the state for such work, provided a property owner may make repairs or installations in a single-family building owned and occupied by him as his home if a permit therefor is issued and the work is done in compliance with the provisions of this article. (Code 2006, § 15-2-6) Sec. 8-61. Water conserving plumbing fixtures. (a) The following plumbing fixtures may not be installed in any new or remodeled building by any person: (1) Water closets which use more than four gallons of water per flush. (2) Showerheads which allow more than three gallons of water per minute to flow through the showerhead. (3) Urinals which use more than 1½ gallons of water per flush. (4) Lavatory faucets in toilet rooms which allow more than three gallons of water per flush. (5) Kitchen sink faucets in residential dwellings which allow more than three gallons per minute of water to flow through the faucet. (b) Enforcement of this section shall be by the community development director, who shall certify that the plumbing fixtures in each new building meet the water conserving requirements before final approval of the plumbing system or allowing the community development director to issue a certificate of occupancy. (Code 2006, § 15-2-8) Sec. 8-62. Inspection of vacant properties and relocated buildings. (a) All rentable properties upon becoming vacant may be inspected by the community development director or his designee and their sanitary condition determined. If the plumbing or any work covered by this article is in an unsanitary condition or a menace to health or safety, the community development director shall report to health authorities and the premises shall be repaired and put in a sanitary condition before a new occupant takes possession. (b) The plumbing in buildings moved from one lot or location to another shall be inspected by the community development director or his designee and, when found necessary, tested in a manner satisfactory to said community development director at the expense of the owner. If plumbing is found unsafe or unsanitary, the same shall be repaired or remodeled and made to reasonably comply with this article. (Code 2006, § 15-2-9) Sec. 8-63. Drainage and infiltration into sewer system restrictions. (a) No person shall discharge or allow to be discharged into any sanitary sewer any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters. All stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, and all other unpolluted drainage and clear water shall be discharged into such sewers as are designated as storm sewers wherever available, further provided that if no storm sewer is available, in no event shall any of such waters be discharged into any sanitary sewer. Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 3 of 6 (b) Sump pump discharge regulations. All sump pumps installed for the purpose of discharging clear waters from foundation drains, basement drains, and ground infiltration: (1) Shall discharge into a storm sewer wherever available, and if no storm sewer is available, shall discharge into an underground conduit leading to a drainage ditch, gutter, dry well, or onto the ground at a point which is not less than one foot from the building and is above permanent grade. No sump pump discharge shall be allowed to flow on or across a public sidewalk. No sump pump discharge shall be allowed to flow on or across a public street or public right-of-way within the village and all such sump pump discharge shall be directed to flow to the back yard of the property, in all cases, commencing November 15, and continuing through April 15 each and every year. (2) In plats having storms sewers available herein and storm sewer laterals available herein to buildable lots shall require, for all building purposes, the connection of the sump pump drainage, underground, from the building proper to the storm sewer lateral. (c) In carrying out the provisions of this section, the community development director and his agents shall have the authority to enter upon private premises at reasonable times to determine whether any of the water drainage hereinabove described exists thereon and whether such drainage complies with the provisions of this section. No person shall refuse to permit the community development director or his agents to enter upon any premises at reasonable times to exercise their duties under this section. (Code 2006, § 15-2-10) Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 4 of 6 Sec. 8-64. Plumbing permit fees. (a) Required. There shall be a fee for a plumbing permit plus an additional fee for each fixture installed. The amount of the fee shall be established by the village board, from time to time, and appears in the fee schedule attached as appendix C to this Code. The additional per fixture fee shall apply to the following fixtures: (1) Dishwasher. (2) Garbage disposer. (3) Garbage grinder. (4) Water closet. (5) Wash basin. (6) Bath tub. (7) Shower stall. (8) Urinal. (9) Laundry tub. (10) Bubbler. (11) Water heater. (12) Water softener. (13) Water filter. (14) Floor drain. (15) Roof drain. (16) Drain tile receiver. (17) Catchbasin. (18) Yard drain. (19) Kitchen sink. (20) Grease trap. (21) Sump pump. (22) Other pumps. (23) Ejectors. (24) Soda fountain. (25) Bar connections. (26) Refrigerators. (27) Ice cube machine. (28) Dental cuspidor. (29) Ice box. Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 5 of 6  (30) Acid tank. (31) Oil separators. (32) Connections to appliances (commercial). (33) Fire protection installations. (34) Water-cooled air conditioner. (35) Storm sewer. (36) Inground pool. (37) Clothes washer. (38) Water lateral. (39) Sanitary lateral. (b) Exceptions to plumbing permit fee. A plumbing permit is required to install a sump pump in an existing home; however, no fee will be charged for such permit. (Code 2006, § 15-2-11) Created: 2023-08-07 10:11:00 [EST] (Supp. No. 15, Update 1) Page 6 of 6