Plan Commission

Minutes Village of East Troy Plan Commission & Architectural Review Board April 9, 2018 1. Call to order – President Seager called the meeting to order at 6:33 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, Roger Hayes, Erin Seaverson, Benny Stichmann Excused: Commissioner John Grudnowski Others: Zoning Administrator Tim Schwecke, Building Inspector Scott Johnson and Administrator Suhm Youth in Government Representative – Matt Kisting 5. Approve Plan Commission minutes of March 12, 2018 Motion by Trustee Renucci, second by Commissioner Arendt, to approve the minutes as presented. Motion carried. 6. Citizen participation Larry Gross, 2595 North Sterling Circle, stated he has been a resident of the Village for 22 years and was speaking in opposition to the Kwik Trip being proposed. He expressed concerns related to water sources, truck traffic, noise, proximity to Sterling Oaks, impact on roads, decreasing property values, water pressure, increased traffic and safety of the intersection. He also discussed the need for businesses that encourage people to come to East Troy and enjoy what the area has to offer. He encouraged Do not want people to come into the Village to buy gas and leave. Looking for people to come in and stay and enjoy what we have to offer. He referenced the business park and suggested manufacturing would help the community grow and lessen the tax burden. Joe Gross, W1780 State Road 20 East Troy, stated he lives across the street and agrees with the previous comments. He stated he did not see the need for an additional gas station and felt there could be a better use for the property. Jeff Fornear, 1946 Fremont Street, spoke in favor of the proposal for the accessory building on Fremont Street. He commended the current property owners for the work they have done to fix up the property. He stated he believes whatever the property owners do would be in good taste. Regarding the Kwik Trip proposal, he agreed with the increased traffic concerns expressed previously, mentioning the increased traffic near the station in Mukwonago. Plan Commission Minutes April 9, 2018 Page 2 of 10 He also questioned if the existing BP Station would be torn down or stay. Gerald Placki, 1946 Division Street, stated he was not clear on the proposed Kwik Trip location, but expressed concerns about the amount of business they draw and whether the Village needs a fifth gas station. He also mentioned the vacant Marathon station and is worried more will go out of business. 7. Conditional use for a gas station/convenience store located off of CTH ES (PA287200001), Kwik Trip, Inc. (Jeff Osgood, agent), (application 2018-08) A. Public hearing President Seager stated the applicant has asked that the Village delay consideration of their applications until the next plan commission meeting on May 14 at 6:30. The public hearing was opened and no further comments were received (comments were made during citizens participation). Motion by President Seager, second by Trustee Renucci, to adjourn the public hearing to the May 14 Plan Commission meeting at 6:30. Advisory Vote – Motion carried. Plan Commission - Motion carried. B. Possible recommendation by the Plan Commission to the Village Board Note: The applicant is requesting the public hearing be adjourned to the next Plan Commission meeting on May 14, 2018 at 6:30 pm. 8. Site plan/plan of operation for a gas station/convenience store located off of CTH ES (PA287200001), Kwik Trip, Inc., applicant (Jeff Osgood, agent), (application 2018-09) A. Possible action by the Plan Commission Note: The applicant is requesting this matter be tabled to the next Plan Commission meeting on May 14, 2018 at 6:30 pm. Motion by Trustee Renucci, second by Commissioner Arendt, to postpone and reconsider on May 14 at 6:30. Advisory Vote – Motion carried. Plan Commission – Motion carried. 9. Conditional use for a detached accessory building pursuant to s. 510-47(J) of Plan Commission Minutes April 9, 2018 Page 3 of 10 the zoning code located at 1964 Fremont Street (REA 00049), Robert M Tuler, applicant, (application 2018-10) A. Public hearing Bob Tuler stated he is seeking approval for another garage on their property. The property is .91 acres, a larger lot for the Village. He stated with the house they have three buildings. Collectively the four buildings, including the new building requested, will result in building coverage of 7.2% of the parcel. It was clarified the proposal is for private use garage, not a public storage facility. He explained the proposed building is a Northland building that would closely resemble the existing garage with the same color, roof pitch, height, windows and doors. The proposed location of the building just over 22 feet from Edwards Street, but the code requires 25 feet. Discussion occurred regarding the time period Edwards street was platted and the setback of the existing house is 18 feet. Zoning Administrator Schwecke reviewed his staff report dated April 5, 2018. He stated it is a conditional use and there was provision in the code allowing for a petitioner to apply for a third accessory building at the time of application. The only thing on the agenda is the building itself. He would either need to move the building or seek a variance due to the required setback. The public hearing notice was published in the East Troy Times. No written comments were received. He presented the draft conditional use order. Section 9 there is various criteria addressed as part of the application. The elevations of the buildings, materials and location maps were reviewed. Commissioner Seaverson stated the application does meet the six conditions. Does not see the project having any adverse results. Terry Larson, Teronomy Builders, stated his company developed Ashland Meadows off Edwards Street and reviewed the history of extending the street. Larry Gross, 2595 North Sterling, stated he was at the Village Board meeting several months ago and spoke about unsightly areas with people leaving vehicles out. He applauded the applicant for their desire to clean up their property and trying to match the architectural appeal of their property. Plan Commission Minutes April 9, 2018 Page 4 of 10 President Seager thanked the applicants for the improvements and maintenance efforts leading to the aesthetic appeal of their home and property. With no further comments, President Seager closed the public hearing. B. Possible recommendation by the Plan Commission to the Village Board Motion by Commissioner Seaverson, second by President Seager, that approval is recommend to the Village Board of the conditional use subject to the terms in the draft conditional use order dated April 5, 2018. Advisory Vote – Motion carried. Plan Commission – Motion carried. 10. Site plan for temporary storage containers off of Division Street (RXUP 00081); Friends of East Troy Railroad (Charles Kaiser, agent) (application 2018-14) A. Possible action by the Plan Commission Charles Kaiser, was present to represent the East Troy Electric Railroad Museum, 2002 Church Street. He stated they have a car barn off of Division Street that has four tracks. In addition, they have a car barn and maintenance facility they recently built near the Elegant Farmer. The car barn in East Troy has a lot of parts stored in it and four tracks. They would like to clean the bran up to allow passengers to go through it. In addition, they would like the ability to do more maintenance work at this location. Therefore, they are requesting to place two 40-foot storage containers just south of the car barn. The placement of the containers would be temporary and they hope to have the car barn rebuilt or to build another one next to it within two years. The commission discussed the are brush, trees, foliage between where the containers would be placed and the school parking lot. The location is such that they will not be visible unless somebody walks to the area. Mr. Kaiser confirmed no flammable materials will be stored in these containers. Motion by Commissioner Arendt, second by Commissioner Stichmann, to approve the site plan for the two temporary storage containers for up to two years. Commissioner Seaverson questioned whether the Commission should ask to have plans submitted for the new building to begin the two years. The Plan Commission Minutes April 9, 2018 Page 5 of 10 consensus of the Commission was to leave it at two years without the plan requirement. Advisory Vote – Motion carried. Plan Commission – Motion carried. 11. Site plan for a parking lot expansion at Mitchell Park off of West Street (RUP 00027); Village of East Troy, applicant (Jason Equitz, agent) (application 2018- 15) A. Possible action by the Plan Commission DPW Director Equitz stated in 2015 a 36-stall parking lot was constructed adjacent to West Street; the proposal is to add another 37 stalls adjacent to the existing parking lot. The existing lot would be extended to the south with a new driveway from West Street. The proposed plan also disconnects the existing parking lot near the skate park from the library parking lot. This lot will be accessible from the new West Street entrance. The library has expressed concerns about traffic passing through their lot and this solution would change that traffic flow. DPW Equitz confirmed there will be a barrier between the library and skate park parking lot to prevent cars from driving through. Motion by Commissioner Arendt, second by Commissioner Stichmann, to approve site plan as submitted, providing the applicant complies with all applicable storm water and erosion control requirements, and submits a landscaping plan to the zoning administrator and obtains approval of the same. Advisory Vote – Motion carried. Plan Commission – Motion carried. 12. Site plan for a storage building at East Troy Middle School located at 3143 Graydon Avenue (RXUP 00202); East Troy Community School District, applicant (Robert Ellis, agent) (application 2018-16) A. Possible action by the Plan Commission Bob Ellis, East Troy School District explained they would like to construct a storage building between the two fields to house team equipment, field maintenance equipment, a pitching machine and an area so pitchers may warm up away from spectators. This was approved last year however the plan have changed with the addition of some netting so they are seeking approval of the updated plans. Plan Commission Minutes April 9, 2018 Page 6 of 10 Motion by Commissioner Arendt, second by Commissioner Seaverson, to approve the site plan for the detached storage building as proposed, provided the application obtains a building permit from the Village’s building inspector. Advisory Vote – Motion carried Plan Commission – Motion carried. President Seager took item 14 prior to item 13. 13. Proposed project plan, boundaries and creation of Tax Incremental District No. 4 A. Public hearing Dawn Gunderson, Ehler’s, reviewed the project plan. The stated the parcels removed from TID 3 will be included in TID 4. She reviewed the district boundaries, stating the properties currently have a tax base of 1.7 million. The district will be a mixed-use district. She reviewed the residential density requirements. The Village will purchase 166 acres of land and the costs identified are infrastructure associated with these properties. She explained the intent is not to incur all development costs up front. The Village plans for the costs to be more gradual, as development comes. Terry Larson, Teronomy, questioned why the entire Manus property was not included (this includes his commercial property abutting Highway 120 and a large parcel zoned residential, south of Honey Creek Apartments). It was discussed the Village is purchasing two large properties and the primary focus of the TID was for the properties being purchased. In addition, in a mixed-use district there is a limit of 35% of the district being platted for residential. It was discussed boundaries could be amended at a later date if this was desired. President Seager explained the Village is investing in two large parcels to promote economic growth. The Village has previously purchased property for the same purposes, he believed it was in the 90s. He clarified the Village wants to ensure properties are included with the intent it will help promote the vision of jobs and tax increment. Trustee Renucci questioned the projected cost list on page 19. It was Plan Commission Minutes April 9, 2018 Page 7 of 10 clarified this is not a budget or commitment to spend. The Village will spend as it sees fit and will have the ability to move between line items. Project costs can exceed projected up to 20%. Anything greater will require additional approvals. A project plan can be amended for project costs an unlimited number of times. Trustee Renucci questioned if a lift station would be necessary. It was discussed the projections were provided by the Village Engineers without any costs associated with a lift station. It was clarified the section related to revolving loan/grant programs on page 15 will be removed related to some concerns the County expressed. The project plan will also be amended to add more specific language to the section titled Projects Outside the Tax Increment District. At the end of this section language will be added stating the costs associated with roads outside of the district must be adjacent to TID boundaries and required improvements to Highway 120 in addition to requested language that they be necessary to the improvement of the TID. With no further comments, President Seager closed the public hearing. B. Possible action by Plan Commission adopting a resolution designating proposed boundaries and approving a project plan for Tax Incremental District No. 4, Village of East Troy, Wisconsin Motion by Commissioner Seaverson, second by Commissioner Arendt, to approve resolution designating proposed boundaries and approving a project plan for Tax Incremental District no. 4. Advisory Vote – Motion carried. Plan Commission – Motion carried. 14. Proposed amendment of boundaries and project plan for Tax Incremental District No. 3 A. Public hearing Dawn Gunderson, Ehler’s, reviewed the project plan amendment for TID 3. She reviewed the history of it being created in 1998 as an industrial district. She explained, the plan amended in 2005 and additional territory was added and the project list was amended. In 2011 the Village Board distressed the district. At the time it was declared distressed, the district was struggling to meet obligations of the project plan. She stated she is pleased to report since that time things have turned around and some new development has occurred. In addition to development the DOT required Plan Commission Minutes April 9, 2018 Page 8 of 10 improvements to Highway 120 did not become necessary. The expenditure period closed December 2016, which means that the Village cannot undertake new projects for the area. Therefore, a plan has been developed to subtract territory. A substantial amount of properties in the district have not developed. The Village has had had developments come that have not come to fruition due to inability to incur project costs or provide assistance. The two criteria with the remaining properties that must be considered are the properties must be contiguous and more than 50% must be industrial. The properties that remain properties will allow village to meet existing obligations. The district has recovered and will close the same year it would have if it had not been distressed. The Joint Review Board met today and will reconvene on May 1. Commissioner Seaverson questioned if all the properties being subtracted were undeveloped. It was confirmed all the properties are undeveloped. There are approximately $200,000 of improvements and it is believed the buildings were in existence when the properties came into the district. It was explained the Joint Review Board is comprised of representatives from each taxing jurisdiction (County, Technical College, School District and Village) in addition to a citizen member. The reason for their involvement is each district is forgoing the taxes while the property remains within the TID. It was clarified the taxes paid are no different whether a property is inside or outside of a TID. The role of the Plan Commission is to review the boundaries. The proposed boundaries were published with the notice, but there still is an ability to amend the boundaries. Terry Larson, Teronomy Builders, reviewed the history of when TID 3 was started and the concern the district would not be able to support the expenditures. He stated Honey Creek Apartments were added to assist with paying the expenditures, but they did not receive a benefit for the property being added. His undeveloped commercial property is being removed from TID 3 and incorporated into TID 4. He expressed disappointment staff did not include this property and requested the Commission consider incorporating the Manius property (a commercial property he owns south of the Honey Creek Apartments). He stated two years ago they had proposed storage units for this property, but the request was denied due to the absence of water and sewer service. Plan Commission Minutes April 9, 2018 Page 9 of 10 President Seager discussed the purpose of the new district is to create opportunity to promote businesses with jobs and tax dollars and he is concerned the use may not fit these criteria. Mr. Larson stated he would like to think anything along 120 that is zoned for commercial use would be considered. Dawn Gunderson clarified TID 3 was an industrial TID. Due to this, the Village could not have provided incentives for a residential property. It was required 50% of area be industrial, but project costs had to be related to the industrial properties. With no further comments, President Seager closed public hearing. B. Possible action by Plan Commission adopting a resolution designating proposed amended boundaries and approving a project plan amendment for Tax Incremental District No. 3, Village of East Troy, Wisconsin Motion by Commissioner Seaverson, second by President Seager, to adopt the resolution designating the proposed amended boundaries and approve a project plan amendment for Tax Incremental District no. 3. Advisory Vote – Motion carried. Plan Commission – Motion carried. 15. Discussion related to potential amendments of the Village’s storm water management regulations (Chapter 483 of the Municipal Code) A. Possible action by the Plan Commission (to set public hearing date) Zoning Administrator Schwecke stated the Village has adopted storm water regulations for large projects and how to handle basis. However, due to the fact the Village accepts federal funds through grants with the FAA there are specific regulations that must be complied with due to concerns about ponds near airports attracting waterfowl. Discussed the basin required would allow a maximum 48-hour retention. The basin can hold water, but must drain. If the Commission is included to approve, staff would schedule a public hearing for the next plan commission meeting. This does not affect anything in existence, wetlands or mitigation. Motion by President Seager, second by Commissioner Arendt, to direct staff to schedule a public hearing for the proposed amendment. Plan Commission Minutes April 9, 2018 Page 10 of 10 Advisory Vote – Motion carried. Plan Commission – Motion carried. 16. Discussion related to regulating metal shipping containers through the Village’s zoning code (Chapter 510 of the Municipal Code) (verbal report at meeting) A. Possible action by the Plan Commission Zoning Administrator Schwecke discussed shipping containers being utilized for storage and construction of buildings becoming prevalent. He questioned whether the Commission wanted to review this and consider regulations. Discussed they may be appropriate in some districts such as industrial or commercial, but may be an issue in residential. Motion by Commissioner Stichmann, second by Commissioner Arendt, to direct staff to look into shipping container code and make recommendations on how to improve the code. Commissioner Seaverson questioned if the Commission thought they were acceptable in industrial commercial and not in residential. Discussed there should be some allowance in situations where they could be useful. Advisory Vote – Motion carried. Plan Commission – Motion carried. 17. Recommendations for future agendas 1. Possible amendment of the zoning code regarding conditional uses (2017 Act 67) 2. Possible amendment of the zoning code regarding pavement requirements to access detached buildings Based on the discussion of shipping containers this was added as a third item for a future agenda. 18. Adjourn Motion to President Seager, second by Commissioner Arendt, to adjourn at 8:21 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator Clerk/Treasurer