Plan Commission

Minutes Village of East Troy Plan Commission & Architectural Review Board April 11, 2016 1. Call to order – President Timms called the meeting to order at 6:30 pm 2. Verification of open meeting notice - Administrator Suhm verified the meeting had been posted according to open meetings laws. 3. Roll call Present: President Timms, Trustee Seager, Commissioners Edward Arendt, John Grudnowski, Anna Mack, Kirk Nelson Excused: Others: Zoning Administrator Tim Schwecke, Building Inspector Scott Johnson and Administrator Suhm 4. Approve Plan Commission minutes of March 14, 2016 Motion by Trustee Seager, second by Commissioner Arendt to approve the minutes dated March 14, 2016. Motion carried. 5. Citizen participation Andrea Frank, 2925 Elm Street, came to discuss her concerns regarding Contract Comestibles site plan approval. She discussed concerns related to the impact the delivery trucks have on the neighboring residents stating large diesel trucks idle for some time. One truck in particular arrived last Tuesday was still there the next morning on Wednesday. Large semis ignore the truck traffic restrictions related to trucks on Elm Street. She also expressed concerns the operation seems to be expanding to heavier industrial versus light industrial in a residential area and near the railroad tourist attraction. Other concerns she mentioned included a mound of dirt intended to be a berm, view of an old smoke stack from her residence and delivery doors being added that will face the residential properties. She suggested the truck entrance being relocated to Beulah Avenue with the employee entrance being off Elm Street and distributed pictures of truck traffic for the Commission to review. Tina Strand, N8747 Hillburn Mill Road in East Troy, stated she was present as owner of the Grist Mill. She spoke in favor of the conditional use permit for Mark Rhode and his operations, stating she was pleasantly surprised to see he has taken over the prior Lynch property. She stated as long as it is kept aesthetically pleasing she would like to see him have the opportunity to run the business at the proposed location. Plan Commission Minutes April 11, 2016 Page 2 of 4 6. Conditional use for establishing a truck-trailer rental establishment and a vehicle towing establishment at 2606 E. Main Street, which is located in the Highway Business zoning district; Mark Rhode, applicant (application 2016-05) A. Public hearing President Timms opened the public hearing. Zoning Administrator Schwecke reviewed his staff report dated April, 8, 2016, addressing the proposed conditional use and site plan. He explained there would be two different conditional uses issued. One is for the truck-trailer rental and the other for the towing operation because they are separate uses. He brought to the Commission’s attention section 3 of the conditional use which lists the conditions of approval that need to be met prior to beginning operations, as well as the ongoing conditions of approval in section 4. He also pointed out that section 13 states the approval will run with the land, which means if the land was purchased the new property owner could conduct the same operation after notifying the Village. He stated the conditional use references the zoning code because limitations were placed upon the use within the zoning code such as a maximum of 15 truck-trailer rental units being allowed. President Timms questioned the aesthetic condition of the storage building near Highway 20 and asked if the Commission desired to require repainting whether it should be addressed in the conditional use or site plan approval. Zoning Administrator Schwecke stated this would be part of the site plan approval. Mr. Rhode confirmed they were in the process of obtaining estimates to paint the building. B. Possible recommendation to the Village Board Motion by Commissioner Grudnowski, second by Trustee Seager to recommend approval of the conditional use to the Village Board subject to the conditions in draft dated April 8, 2016. 7. Site plan/plan of operation for property located at 2606 E. Main Street; Mark Rhode, applicant (application 2016-06) Zoning Administrator Schwecke explained the site plan depicts tow trucks as well as towed vehicles being stored inside of the storage building. It also depicts where truck-trailer rentals will be parked as well as cars for sale and repair and employee parking. Zoning Administrator Schwecke pointed out a portion of the existing display area is within County Highway ES right-of-way. Mr. Rhode has been in discussions regarding this issue with Walworth County. Based on his discussions, he anticipates receiving a letter from the County stating they are grandfathered. In the future if there is an issue related to use of the right-of-way the property owner and Walworth County will need to work to resolve those issues. He explained this is the reason there is a suggested condition of approval that the property owner obtains permission from the County for use of the County right-of-way. When asked, Mr. Rhode confirmed for the Commission Plan Commission Minutes April 11, 2016 Page 3 of 4 towed or wrecked vehicles will be stored inside the storage building. The only exception to this will be cars awaiting repair or waiting to be picked up by a customer being in the parking lot. The area for this was depicted on the site plan. The Commission also discussed the site plan indicates all vehicles for sale will be on the hard surface, not in the grass or in the right-of-way. They also discussed the vehicle display along Highway 20 was a temporary approval that was for Lynch and was no longer in effect. No vehicles will be allowed to be displayed in the grass along Highway 20. A. Possible decision by Plan Commission Motion by Trustee Seager, second by Commissioner Mack to approve the site plan proposed provided the Village Board approves the conditional use for truck-trailer rental establishment and vehicle towing establishment and the property owner obtains permission from the County to park vehicles within the right-of-way and that improvements to the storage building, such as painting, occur within six months. Motion carried. 8. Site plan/plan of operation for Contract Comestibles located at 2004 Beulah Avenue; Andy Gehl, applicant; (application 2015-40) The Commission discussed concerns related to truck traffic. President Timms stated there is no truck traffic posted from 7:00 p.m. to 7:00 a.m., but it appeared the signs were only on one side of the street. He also indicated when leaving Contract Comestible’s property onto Elm Street there is a sign indicating there is no right turn for truck traffic on Elm Street. He wondered if signs on both sides of the street would help with enforcement. Andy Gehl stated he is relaying the delivery restrictions to vendors, unfortunately many times the trucking company is a third party who is not complying and wait in the area to make their delivery. He also stated he plans to address the dirt that was moved as a berm as he installs landscaping this summer. He is receiving conflicting feedback from the neighboring residential properties. Some would prefer not to have evergreens planted on a berm as a buffer between the properties. However, he stated that would likely offer the best buffer for light and sound and he likely would need to utilize evergreens for that purpose. Trustee Seager stated it appears Mr. Gehl has made efforts to be a good neighbor, trying to accommodate residents. He stated the truck traffic really seems to be a police issue and suggested in the future notifying the police right away when there is an issue. This may begin to address the problem. The consensus was to await input from Chief Boyes and Deputy Chief Swendrowski on the matter regarding signage and possibly drafting an ordinance if necessary. Plan Commission Minutes April 11, 2016 Page 4 of 4 When asked about the height miscommunication Mr. Gehl explained they came before the Plan Commission last August for approvals with the current building being a conceptual plan because it was planned as a later phase. The plans changed and this became the first building they constructed. The state approved the plans and he was under the impression from his general contractor that the footprint was the only thing that had changed, which was not the case so the amended plan approved by the Commission was not correct. Zoning Administrator Schwecke indicated the 21 foot 4 inch height of the new building was acceptable per the zoning code. Zoning administrator Schwecke questioned if the delivery door could be relocated. Mr. Gehl explained as you move the door east there is a difference in height because you end up with dock level doors. The only place to locate the door at street level is where it is located. He stated he intends to do the best he can to minimize light and sound by landscaping the east side of the property. He stated the landscaping will be completed in summer. The landscaping plan submitted and approved in December will change. Zoning Administrator Schwecke suggested Mr. Gehl work with a landscaping architect and Mr. Gehl acknowledged him stating he understood. Possible decision by Plan Commission Motion by Trustee Seager, second by Commissioner Nelson to approve the site plan provided all conditions of the prior approval are satisfied and issuance of occupancy will require a detailed landscaping plan. Motion carried. Motion by Trustee Seager, second by President Timms to table the delivery truck and parking issue until there is time to discuss with the Chief or Deputy Chief regarding signage in the area. Motion carried. 9. Recommendations for future agendas Zoning Administrator Schwecke informed the Board he is awaiting finalizing the signage text amendments until he attends a full-day seminar regarding the topic in May. 10. Adjourn Motion by Commissioner Arendt, second by Trustee Seager to adjourn at 7:18 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator