Plan Commission

Minutes Village of East Troy Plan Commission & Architectural Review Board 2015 Energy Drive July 9, 2018 7:00 p.m. 1. Call to order - President Seager called the meeting to order at 7:00 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, Mary Nugent, Erin Seaverson, Benny Stichmann Excused: Others: Zoning Administrator Tim Schwecke, Building Inspector Scott Johnson, and Administrator Eileen Suhm 5. Approve Plan Commission minutes of June 11, 2018 Motion by Trustee Renucci, second by Commissioner Nugent, to approve the minutes dated June 11, 2018, as presented. Motion carried. 6. Citizen participation Linda Kaplan, 2603 N. Sterling Circle, reviewed her history with the Village as a resident, co-owner of the Shell Gas Station, Village Trustee and Commissioner for the Plan Commission. She stated she is asking for responsible and wise decisions. She expressed concern the original plan proposed months ago was very different from what was presented for this meeting and distributed last Friday and the amount of time the Commission had to review the new plans was not adequate. She stated she felt the public has not had time to formulate comments. She also stated she felt the site did not warrant two curb cuts and was concerned it would contribute to chaotic traffic near the Highway ES and Highway 20 intersection. She also expressed concerns Kwik Trip does not own the BP property, where the project is proposed, but owns the property north of this. She urged the Commission to table the item to allow more time to consider the proposal. 7. Amendment of site plan/plan of operation for a restaurant and outdoor patio area located at 2645 Main Street (Ale House); Trio Properties, LLC; Vlaznim (Victor) Islami, agent; (application 2018-24) A. Possible action by the Plan Commission Note: This item was tabled at the meeting on May 14, 2018 and also June 11, 2018 because the applicant was not present to answer questions. The applicant was not present. Motion by Trustee Renucci, second by Commissioner Arendt to postpone until later in the meeting. Motion carried. This item was revisited at end of the meeting, after item 15. It was clarified the restaurant can still use the outdoor area, but not the proposed televisions or fireplaces in the amendment. Discussed asking the applicant to withdraw the application and resubmit when he is ready to proceed. Motion by Trustee Renucci, second by Commissioner Arendt, to table the item for Trio Properties, LLC, Victor Islami, agent, for amendment to the site plan until further notice. Motion carried. 8. Amendment of site plan for Contract Comestibles located at 2004 Beulah Avenue; Stone Bank Investments LLC, applicant; application 2018-27 a. Possible action by the Plan Commission Note: This item was tabled at the meeting on June 11, 2018 at the request of the applicant. Andy Gehl, President and owner of Contract Comestibles at 2004 Beulah Avenue, was present and discussed widening the curb cut on Elm Street. He explained he felt this is necessary because trucks making the turn from Elm Street are driving over the grass due to the narrow street and turn radius. He explained the other modifications are grouped into a second request. This is necessary because they are receiving deliveries from tankers. The tankers are required to back in from Beulah Avenue, which blocks traffic for 10-15 minutes. To rectify this situation, he is asking to widen the curb cut off Beulah Avenue, asphalting an area near the loading docks that is currently gravel, and the addition of a gravel drive heading east from the loading area, which would connect to his drive on Elm Street. This will allow trucks to enter off Beulah, without backing in, and after delivery is complete, head east on the gravel drive and north on his drive to Elm Street. He also clarified truck traffic needs to head west on Elm to Beulah, as truck traffic is not allowed on Center Street. The proposed berm along Elm Street is for landscaping purposes and will allow for movement of extra soil in the proposed projects. Zoning Administrator Schwecke explained the Plan Commission does have authority to allow wider curb cuts when the request is warranted. The standard would be 30 feet. The Commission discussed concerns about a gravel surface and truck traffic. Mr. Gehl clarified the tanker truck deliveries are typically once per week. Zoning Administrator Schwecke clarified gravel is not allowed, as there is a hard surface requirement for parking areas and access drives. He did clarify that crushed gravel that is compacted would qualify as a hard surface. Zoning Administrator Schwecke reviewed the four conditions of approval in his staff report dated June 8, 2018. Commissioner Nugent inquired about reducing parking for parishioners of St. Peter’s. Mr. Gehl explained he did not feel widening the Elm Street curb cut would eliminate parking because parishioners do not typically park that far east on Elm Street. He did acknowledge the widened curb cut on Beulah would eliminate one parking spot. However, he stated one of the reasons he was seeking the changes was to rectify blocking traffic because it often interferes with school traffic for St. Peter’s because of the timing for the tanker deliveries. Motion by President Seager, second by Commissioner Seaverson, to approve subject to following: Curb cuts do not exceed 40 feet for Elm Street and Beulah Avenue, the petitioner submits a typical cross section of the proposed berm to the Zoning Administrator for review, and the internal road is hard-surfaced. Motion carried. 9. Amendment of site plans for joint parking off of Union Street for properties located at 2894 Main Street (ROP 00062), 2890/2888 Main Street (ROP 00061), and 2886 Main Street (ROP 00060); Kinove, LLC, Rick Strieter, agent; applications 2018-33, 34 and 35 a. Possible action by the Plan Commission Rick Strieter, Kinove, LLC, was present to discuss the site plans. He explained they have a previous approval for the parking area along Union Street from April 2016, however, they are proposing an amendment. They have moved parking back from the building and created a walkway with access for the ADA complaint apartment. The parking spots do extend into the right-of-way, but the street does not really begin until the other side of the telephone poles, where the spots end. The parking spots are 22 feet deep and 9 feet wide. He is working with  Director of Public Works Equitz on drainage to prevent ice in the parking area. There are stomrwater drainage issues in the area the Village would like to address during this project as well. Engineer Nunn confirmed she is working with Director Equitz on this issue. The project incorporates a catch basin that is not tied into anything, it is a bubbler system. Zoning Administrator Schwecke clarified the motion will need to be modified from the proposed in his staff report. Previously it was believed there was one ADA ramp to serve all three properties. The intent is to only serve the middle property for the four residential units, so a cross-access agreement will not be necessary. Motion by President Seager, second by Commissioner Arendt, to approve the site plan for 2894 Main Street for the reconfigured parking subject to the review and approval of the Director of Public Works, provided the property owner obtains the approval of the Village Board for a right-of-way use agreement in a form acceptable to the Village Planner and Village Attorney. Motion carried. Motion by Commissioner Seaverson, second by President Seager, to approve the site plan for 2890/2888 Main Street for the reconfigured parking area subject to the review and approval of the Director of Public Works, provided the property owner obtains the approval of the Village Board for a right-of-way use agreement in a form acceptable to the Village Planner and Village Attorney. Motion carried. Motion by Commissioner Nugent, second by President Seager, to approve the site plan for 2886 Main Street for the reconfigured parking subject to the review and approval of the Director of Public Works, provided the property owner obtains the approval of the Village Board for a right-of-way use agreement in a form acceptable to the Village Planner and Village Attorney. Motion carried. It was clarified the only public parking spaces are behind the café. The rest are to serve and meet the requirement of one parking space per rental unit. A right-of-way agreement will need to be drafted, which will also address maintenance and snow removal of the area. 10. Amendment of site plan for LD’s BBQ located at 2511 Main Street (RA270200001); Leon Davis, applicant; (application 2018-36) a. Possible action by the Plan Commission Marcia Moden, Moden Construction, and Leon Davis were present to discuss the site plan amendment. It was discussed the sign permits could be handled administratively and an amendment to the conditional use would be necessary to add the sale of liquor. The site plan amendment included the proposed barrier between this property and the parcel to the south. The Commission discussed the preference to have the fence continuous with a 4-foot opening for pedestrian traffic between the two properties at the west end (2511 Main Street and the parcel to the south). Motion by President Seager, second by Commissioner Nugent, to approve the amendment of the site plan with regard to the fencing of the south lot line with a continuous fence and one four-foot opening for pedestrian traffic. Motion carried. 11. Conditional use for a gas station/convenience store located at 1880 Highway ES (RA287200002); Kwik Trip, Inc. (Jeff Osgood, agent); application 2018-28 a. Public hearing Troy Meleziva, 1626 Oak Street, LaCrosse, WI, was present to represent Kwik Trip as the Real Estate Development Manager. He reviewed the proposal stating they plan to redevelop the BP/LD’s property on the northeast corner of the Highway 20 and Highway ES intersection. The new facility will face west towards ES. He reviewed elements of the plan including the car wash, dumpster enclosure, monument sign near the southwest corner of the property, reuse of the existing pylon sign in the northeast corner and stated the store would be approximately 9,000 square feet. He also shared renderings with the Commission as well as material samples and colors. They are projecting 28-35 full- and part-time employees. He reviewed a diesel restriction on the property and shared the document. He stated the restriction does not allow for a separate diesel fueling canopy on the site. They will sell diesel at the other fuel pumps; however, it will not be separate to serve trucks. Leon Davis, expressed concern the plan appears to be leveling everything on the property and questioned whether all the trees will be removed. He specifically identified concern regarding a very large oak tree at the north end of the property. Commissioner Nugent questioned the trees as well. Mr. Meleziva clarified a lot of the trees that are seen along Highway 20 are in the right-of- way and will remain. There are some in the area east of the car wash and for the required storm water retention where trees will need to be removed. He could not identify whether the plans removed the oak tree mentioned on the north property line. Zoning Administrator Schwecke reviewed his staff report dated July 5, stating there are two separate action items, the conditional use and site plan/plan of operation. The zoning of the property is highway business and the proposed use is allowed as a conditional use. He stated the applicant is treating this site as a new development site. The changes to the law regarding conditional use decisions, 2017 Act 67, were reviewed. He explained the Plan Commission makes a recommendation to the Village Board on the conditional use. The recommendation will be reviewed at the Village Board meeting next Monday. The findings were also reviewed and he stated they have not changed under the new law. What has changed is how we interpret and deal with them. He reported no public comments were received in advance of the meeting. He reviewed the draft conditional use order. Zoning Administrator Schwecke went on to review the site plan/plan of operation. He reviewed the number of employees and the proposal of a store with a single car wash as an ancillary use. He clarified the County will determine whether they get one access point or two. Even though we are approving the site plan, we cannot dictate whether they get one access or two access points since it is on a County Highway. Mr. Meleziva stated there is an access restriction on the property along Highway 20 and for a certain distance from the intersection along Highway ES. The first driveway they are proposing is essentially the same distance from the intersection as the current driveway to access BP. Zoning Administrator Schwecke stated Kwik Trip owns the property abutting this parcel to the north and has an option to purchase on this property. He is recommending a cross access agreement so vehicles do not need to enter the highway to access the property to the north once that is developed. The location will need to be identified and Kwik Trip is agreeable to this. He stated the trash enclosure is well integrated into the building and will only be visible to people driving around the building. They are a little bit over the total  landscaping points required for the site. He acknowledged a number of trees will be removed and stated the Village does not have an ordinance regarding tree preservation. Overall the lighting plan complies with code, but will need to be revised to not exceed 0.5 footcandles on the north property boundary. Stormwater management will be provided onsite and will be in compliance with FAA regulations. A maintenance agreement for this will be recorded against the basin to allow the Village to do maintenance work if it is not addressed and charge it back to the property owner. The signage plan was distributed to the Commissioners because the plan in the packet was not complete. Zoning Administrator Schwecke reported he had reviewed the plan and it is compliant with code. He clarified the pylon sign is nonconforming and they will be refacing the sign. He noted corrections to the conditional use draft, including a clarification to page 2 that the approval does include the car wash as an ancillary use to the gas station. He also noted under section 3, page 2, item b will be removed, under 3C the four months will be changed to nine months because the property has not been purchased yet and the last paragraph under section 3, page 2, it will state 12 months instead of nine. President Seager questioned if they could preserve as many of the trees as possible and referred to Leon’s identification of the large oak tree. Mr. Meleziva confirmed they will review this and identify where they have the opportunity to preserve the trees. Commissioner Severson inquired what constituted the legal posting/open meeting law requirements. Administrator Suhm explained the conditional use was published as a class II notice and a letter was sent to all property owners within 300’. It is also noticed when the agenda is posted. For the site plan it is noticed with the agenda, which requires a posting in three public places 24 hours prior to the meeting. The agenda was posted on Friday, July 5. It is not a legal requirement that site plans be shared with the public prior to the meeting. However, the Village does so for transparency and convenience to the public the Friday prior. Linda Kaplan, 2603 N. Sterling Cir. asked for a clarification of the purpose of a cross-access agreement, which was clarified to connect the two parcels and reduce traffic on Highway ES. She discussed the need to modify the lighting plan so they do not exceed footcandles at the north property line, requesting the Village ensure this is enforced. She also questioned the noise level of the car wash due to concerns she has with her tenant in the residential properties across the street. It was discussed there is a car wash operating at the BP station currently without concerns. With no further comments, President Seager closed the public hearing. b. Possible recommendation by the Plan Commission to the Village Board Motion by Commissioner Arendt, second by Commissioner Seaverson, to recommend approval of conditional use subject to the terms in the staff report dated July 5, 2018, with the corrections as noted in the meeting. Motion carried. 12. Site plan/plan of operation for a gas station/convenience store located at 1880 Highway ES (RA287200002); Kwik Trip, Inc. (Jeff Osgood, agent); application 2018-29 a. Possible action by the Plan Commission  Zoning Administrator Schwecke reviewed the conditions of approval. These included the Village Board approving the conditional use, engineer approving the stormwater management plan, a stormwater maintenance agreement approved by the Village Planner and Attorney, Walworth County approval of site access, and outdoor lighting levels reviewed not to exceed 0.5 footcandles on the north property boundary line. He clarified an approval of the site plan would include approval of the signage reviewed at the meeting. Motion by Trustee Renucci, second by Commissioner Stichmann, to approve the site plan for Kwik Trip with corrections noted by Zoning Administrator Schwecke. Discussed the cross access is identified in the staff report, but not the site plan. Zoning Administrator Schwecke stated Kwik Trip will prepare a new site plan with the cross access identified. It will need to be depicted in case either property is sold. Commissioner Seaverson questioned if it was worth discussing the cross-access element of the site plan considering concerns regarding increased traffic and the number of pumps should the property to the north develop and be occupied by Kwik Trip. It was discussed if they were to expand operations to the north parcel they would be required to return to the Plan Commission for a conditional use and site plan/plan of operations approval for that parcel. Motion carried. 13. Conditional use for a temporary and permanent concrete batch plant located at 2728 Buell Drive (RA280700003); Schmitz Ready Mix; Matthew Schmitz and Todd Schulz, agent; application 2018-30 a. Public hearing Todd Schulz, Vice President of Operations, was present to represent Schmitz Ready Mix. He gave an overview of Schmitz Ready Mix and noted that this is a third-generation family- owned business that adapts to small communities and is growing in Wisconsin. They are currently located in seven communities. They have been looking for a site in this area and feel this is an ideal site. Not much will need to be changed to utilize the site for their operations. He addressed concerns dust and dirt with explanations of the many EPA laws, recycling options and green processes. He reviewed elements of the plan including the dust collection systems, truck washout system, recycling the water used and that the leftover concrete and aggregate is also recycled. The plan will use the existing traffic flow and same driveways. They plan to hire 12-15 employees, they like to hire locally and current wage for top drivers is $27.50 per hour, with only about a 30% layoff rate during winter months. He detailed their hours of operation as 6:00 a.m. to 6:00 p.m., rarely loading past 4:30 p.m., and Saturday 6:00 a.m. - 12:00 noon. A couple jobs a year may require night work for road patch work, such as interstate work. They have met with staff regarding the weight of the trucks and that is not a concern for Buell Drive. He discussed noise control plans that include enclosed buildings with 2” to 2.5” of foam insulation, closing one bay door to reduce noise, using white noise back-up truck alarms to be quieter. Noise may be a bit greater with temporary plant until the permanent plant can be completed. A temporary plant can be erected in as little as a week and the permanent plant will be erected during fall and winter. The temporary plant does have dust collection. When questioned about volume they are projecting about 40 loads a day plus aggregate and cement coming in. This is not a steady flow and for a larger fast-paced job trucks are typically spaced at least 10-15 minutes apart. All run off would be contained and the water is recycled. The company is very community  oriented and looking forward to being active in the community. Zoning Administrator Schwecke reviewed his staff report dated July 5, stating there are two separate action items, the conditional use and site plan/plan of operation. The zoning of the property is General Industrial and the proposed use is allowed as a conditional use. This business really fits the site. An issue to discuss is the proposed height of the permanent batch plant exceeds the maximum building height limitation of 45 feet for the zoning district. The overall height is 72 feet and under the Village’s zoning code the Plan Commission and Village Board can approve taller structures with a conditional use process. The approval of the Site plan and Plan of Operation is for the temporary and permanent facilities, including the height of the permanent facility. Engineer Nunn explained that the height is close to being within 5’ of the height requirement for the FAA requiring a construction permit. If the structure is higher, the FAA will dictate if they would need safety light equipment. Zoning Administrator Schwecke reviewed that the applicant will be keeping the bunkers and the covers, this operation will have less noise than the prior business located here and not be a three-shift operation, access and parking will be the same, there is an outdoor lighting plan with a small area that will need to be modified accordingly, signage is not going to change now, the lateral size for water is sufficient, and they will have two meters as one will be not have sewer usage. The conditional use order authorizes the uses and it mentions a 75 feet height, but the request is for 72 feet for the tower height. It was suggested that this would be further clarified as not to exceed 72 feet in height, provided this meets FAA and airport height restrictions. Mr. Schulz explained that the plant exterior will be earth-toned and there will be no signs or names on it. 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, seconded by Commissioner Nugent, to recommend to Village Board, subject to the terms in the draft conditional use dated 7/5/18 and as noted during the meeting tonight regarding the FAA compliance. Motion carried. 14. Site plan/plan of operation for a temporary and permanent concrete batch plant located at 2728 Buell Drive (RA280700003); Schmitz Ready Mix; Matthew Schmitz and Todd Schulz, agent); application 2018-31 a. Possible action by the Plan Commission Motion by Commissioner Arendt, seconded by Trustee Renucci, to approve the site plan/plan of operation for a temporary and permanent concrete batch plant at 2728 Buell Drive provided the Village Board approves the Conditional Use for the proposed use and structure height and the light levels are revised .5 foot-candles at property boundary lines on the east, west and north sides. Motion carried. 15. Discussion related to scheduling special meetings to work on comprehensive plan update and potential zoning code amendments Zoning Administrator Schwecke questioned if the Plan Commission would like to schedule separate meetings to work on the comprehensive plan. He explained due to the busy agendas we have not been able to address the updates. The goal would be to have this complete with a recommendation to the Village Board in eight months. Based on discussion, the consensus was Tuesday and Thursday evenings would work well for additional workshop- style meetings for the comprehensive plan update. An electronic survey will be sent out to  determine the best dates. 16. Comprehensive plan – Discussion related to the Goals, Objectives, and Policies in existing plan Will discuss as part of workshops. 17. Miscellaneous updates (no packet materials) None. 18. Recommendations for future agendas (no packet materials) Commissioner Seaverson suggested a tree preservation ordinance be discussed due to the comments earlier in the meeting. Zoning Administrator Schwecke advised this could be discussed as part of the comprehensive plan. Pending Items 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 3. Possible amendment of the zoning code regarding metal shipping containers (for storage) 4. Possible amendment of the zoning code regarding architectural standards in the new tax increment financing district 5. Possible amendment of the zoning code regarding the zoning for RXUP 00256 (west side of STH 120 and South of I-43) Adjourn Motion by President Seager, second by Commissioner Arendt to adjourn at 9:17 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator Clerk-Treasurer