Plan Commission

Minutes Village of East Troy Plan Commission & Architectural Review Board February 12, 2018 1. Call to order – President Seager called the meeting to order at 6:30 pm 2. Pledge of Allegiance 3. Verification of open meeting notice - Administrator Suhm verified the meeting had been posted according to open meetings laws. 4. Roll call Present: President Seager, Trustee Forty Renucci, Commissioners Edward Arendt, John Grudnowski, Roger Hayes, Erin Seaverson, Benny Stichmann Excused: Others: Zoning Administrator Tim Schwecke, Building Inspector Scott Johnson and Administrator Suhm Youth in Government Representative – Matt Kisting and Nick Schwall 5. Approve Plan Commission minutes of January 8, 2018 Motion by Trustee Renucci, Second by Commissioner Arendt to approve the minutes dated January 8, 2018. Advisory Vote – Motion carried. Commission Vote – Motion carried. 6. Citizen participation None. 7. Amend site plan for Complete Piers located at 1948 Byrnes Street to revise size of boat storage buildings; Ryan Niegelsen, owner; (application 2018-02) Details are available online: https://s.zoninghub.com/6MZMNDO620 A. Possible action by the Plan Commission Robert Norling, employee of Complete Piers, was present to represent Ryan Niegelsen, who was out of town. Zoning Administrator Schwecke explained in 2016 the property owner received a conditional use approval and shortly thereafter also received site plan approval. He is now requesting to amend the site plans, making each of the buildings wider by 10 feet. The 2016 site plan approval was subject to various conditions, which have not been met yet so the conditions have been carried forward to this approval. He stated with the enlarged buildings, they will still meet the minimum required building separation. The Commission discussed the prior approval requirement of removing the Plan Commission Minutes February 12, 2018 Page 2 of 4 batch plant on the property. Zoning Administrator Schwecke explained it is Mr. Niegelsen’s plan to construct building 5 this summer and in 2020 he will construct building 6. When building 6 is constructed, Mr. Niegelsen will remove the batch plant. Motion by President Seager, second by Commissioner Arendt, to approve the amendment of the site plan with the larger boat storage buildings subject to conditions number one and number two in the staff report dated February 8, 2018. Advisory Vote – Motion Carried. Commission – Motion carried. 8. Extraterritorial review of a two-lot certified survey map located off of CTH ES in the Town of Troy; James Markehl, applicant (application 2018-01) Details are available online: https://s.zoninghub.com/QYLBTGS3DP A. Possible recommendation by the Plan Commission to the Village Board Mr. Markehl explained he wished to divide the properties to be in compliance with County zoning regulations because he is renting out a building on the property for equipment storage. He plans to divide the properties and rezone lot two. He stated he had reviewed the conditions in the staff report and did not have any issues with the conditions proposed. Zoning Administrator Schwecke explained to the Commission that due to conflicting provisions within the municipal code regarding extraterritorial review authority, this review is minimal. He stated since lot two of the proposed CSM does not abut a public road and the only access is an easement, it does not comply with land division requirements for the Village of East Troy. If the land were to be annexed into the Village in the future, it would not comply with code since one lot does not have street frontage. Therefore, as a condition of approval it is being put on record lot two of the CSM may not comply with the Village’s zoning requirements and may limit future development. Motion by Commissioner Arendt, second by President Seager, to recommend to the Village Board approval of the proposed CSM in the Town of Troy, subject to the five conditions listed in the staff report, dated February 8, 2018. Advisory Vote – Motion carried Commission Vote – Motion carried 9. Discussion related to potential zoning code amendments relating to attached garages on single-family residences A. Possible action by the Plan Commission Plan Commission Minutes February 12, 2018 Page 3 of 4 Based on discussion from the prior meeting, Zoning Administrator Schwecke presented options to the Commission, seeking direction on whether the Commission wished to pursue regulations on attached garages for single-family residences. The consensus of the Commission was not to limit the floor area of a garage, based on question one in the staff report dated February 8, 2018. The Commission discussed question two of the staff report regarding standards to regulate the dominance of a garage door with respect to the front façade of the home. They also discussed how new restrictions would impact both new developments and development of vacant infill lots. Concerns were raised regarding future aesthetics and desirability of homes without new standards in place, as well as new standards potentially impeding development or deterring people from purchasing and/or improving existing homes. The Commission did not arrive at a consensus on limiting dominance as a percentage of the front façade, a standard to regulate how far the front of the garage can be in front of the main façade (question three of the staff report) or an offset requirement, for garages with more than two bays (question four of the staff report). The item will be placed on a future agenda for further discussion. 10. Discussion related to 2017 Act 67 A. Possible action by the Plan Commission Zoning Administrator Schwecke updated the Commission on recent legislation the State adopted with regard to regulating conditional uses. He stated the new legislation now shifts the burden to the municipality to prove a development does not fit if a conditional use is granted. This will make it much more difficult to deny a conditional use. Currently, the Village has 275 conditional uses listed in the code. In addition, there are certain land uses that are only allowed as conditional use. Prior to the new legislation, if the Commission approved a conditional use, they could do so with conditions of approval imposed. Due to the new legislation, for each condition the Village will need to provide substantial evidence supporting the need for that condition. The Commission discussed various conditional uses within the code and potential examples of the impacts the new legislation could have. The consensus of the Commission was to review conditional uses within the code and decide how the proceed. The timing may be good in conjunction with updating the Comprehensive Plan. Plan Commission Minutes February 12, 2018 Page 4 of 4 Zoning Administrator Schwecke will review uses and come back to the Commission with recommendations. It was also discussed that Commissioners should review the conditional uses and zoning districts to come back ready to discuss those they saw as most concerning. 11. Discussion related to 10-year update of comprehensive plan (no report in packet) Zoning Administrator Schwecke explained the process and cycle for updating the Comprehensive plan. The general direction was to update the plan that was adopted in 2009 with some modifications. The new plan will need to be adopted in 2019. Administrator Suhm will distribute copies to all Commissioners so they can begin reviewing the prior plan. 12. Recommendations for future agendas Zoning Administrator Schwecke will work on the conflicting language for land division within extraterritorial zoning with the Village Attorney. 13. Adjourn Motion by Commissioner Arendt, second by Commissioner Stichmann to adjourn at 8:14 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator Clerk/Treasurer