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Plan Commission recommends allowing 'major utility' as conditional use in I‑1 to clear way for future WPS gas regulation station
Summary
The commission voted to recommend an amendment to the zoning code to add 'major utility' as a conditional use in the I‑1 Light Industrial district at WPS's request; WPS representative said the company has identified a potential site at Spirit Way and West Main Avenue but will need a future conditional use permit, site‑plan review and measurable conditions under state law.
The Ashwaubenon Plan Commission on Feb. 3 voted to recommend an amendment to the village zoning code (section 17‑4‑100) to add "major utility" as a conditional use in the I‑1 Light Industrial district. The change was proposed at the request of Wisconsin Public Service (WPS) to allow the company to apply in the future for a conditional use permit (CUP) for a natural gas regulation station at the corner of Spirit Way and West Main Avenue.
Staff explained that the zoning amendment is the first step in a two‑part process: the code must explicitly allow a major utility as a conditional use in I‑1 before WPS can submit a CUP and site plan. Staff also noted a 2017 state law change limiting conditions to those that are reasonable and, where practicable, measurable; any conditions for a future CUP would have to meet that standard.
Scott Shepherd, who identified himself as local and governmental affairs for We Energies and WPS and said he works out of the Ashwaubenon location, told the commission WPS "has been hunting for a site" to build a gas regulation station because of growth on the west side of the area. Shepherd said the company had found a landowner willing to grant an easement for a location at the north end of a property on Spirit Way adjacent to a DOT/salt garage; he described the planned facility as a modest fenced site to house regulators and control valves and said detailed site drawings would come with a future CUP and site‑plan submission.
Commissioners asked whether the site would come through site‑plan review and the answer from staff was yes; staff said they would bring a future CUP and related materials to the site‑plan committee. A commissioner moved and another seconded to recommend approval of the zoning amendment (adding major utility as a conditional use in I‑1); the motion passed by voice vote and was announced as carried. The commission’s recommendation will go to the Village Board for its consideration and a public hearing before any CUP is granted.
Next steps: if the Village Board approves the code amendment after a public hearing, WPS will need to apply separately for a conditional use permit and undergo site‑plan review; any CUP conditions must conform to state law requirements staff described as reasonable and measurable.
