Plan Commission

Minutes Village of East Troy Plan Commission 2015 Energy Drive November 11, 2019 6:30 p.m. 1. Call to order- President Seager called the meeting to order at 6:32 p.m. 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 Renucci, Commissioners Edward Arendt (left at 7:57 p.m.), Roger Hayes, Benny Stichmann, Chris Bottoni Excused: Commissioner Erin Seaverson Others: Zoning Administrator Zoning Administrator Schwecke, Administrator Suhm, Deputy Clerk Alexander 5. Approve Plan Commission minutes of October 14, 2019 Motion by Trustee Renucci, second by Commissioner Arendt, to approve the minutes from October 14, 2019. Motion carried. 6. Citizen participation Matthew Joas, East Troy Auto Recyclers, stated that part of his salvage license requires a stormwater runoff plan with the State, and he is concerned with the movement of dirt and gravel planned for the changes by Benchmark would impact the runoff and/or water affecting his property and stormwater plan. He asked that there be no encroachment onto his property with water because even a 5% increase in runoff would require them to revise their plan at a great cost and that any potential costs incurred be covered. 7. Site plan for Benchmark Landscape located at 2535 Energy Drive (RA142000002; RA142000003); Benchmark Landscape, applicant (Paul Hahlbeck, agent) (Frank Price; Linda Lee Price as property owners); application 2019-23 A. Plan Commission review and discussion Zoning Administrator Schwecke reviewed the site plan and future plans from the applicant including those plans that will require additional permits. Paul Hahlbeck was present and answered questions to clarify his plans for the site and agreed to work with the Village Engineer to be sure not to impact surrounding properties. Suggested amendments to approval included #2 to be clarified that the stormwater will not impact the surrounding properties and that #5 was changed to read that the applicant must provide an encroachment easement or remove the concrete on the Village property. B. Possible action by the Plan Commission Motion by Trustee Renucci, second by Commissioner Hayes, to approve the site plan and plan of operations subject to the nine (9) conditions listed as amended. Motion carried. 8. Nonconforming use determination for a trucking operation located at 2787 Main Street and involving four adjoining parcels (RXUP 00146, RXUP 00146E, RXUP 00146C, and RXUP 00154) application 2019-22 Village of East Troy Plan Commission Agenda - continued November 11, 2019 Page 2 ________________________________________________ Zoning Administrator Schwecke explained the intent of this process to determine the time the use became a non-conforming use and determine the nature and extent of the use at that time to provide a baseline for the non-conforming use. Once a use is a non-conforming it can continue but cannot grow or change. He is looking to the Commission to form a consensus as to what the non-conforming use status is currently and going forward. A. Public hearing President Seager opened the public hearing. Jake Buchan stated that the property had been in operation for 40 some years, the operation hasn’t changed and has been a trucking company since he purchased the property. He mentioned an offer from the Village and hopes that a counter offer will be forthcoming from the Village. President Seager explained the status should be discussed with the broker. Mr. Buchan stated that the building was built the 1960’s and used as part of a truck farm operation to prepare produce, then in the early 1970’s it was an auto body shop, then a heating/air conditioning shop, and then Mr. Buchan bought the property and started a trucking company. He was not aware of any issues with the property zoning until about 6 month ago. He is currently leasing the property to Joe Victor for a trucking operation. He was thanked for the history of the property and asked if when he started his business there had been approvals from the Plan Commission or any parameters set as far as the number of trucks and trailers allowed. Mr. Buchan stated he had no perimeters of operations. He stated that there had been issues with the noise from the refrigerated trucks, so he had placed them at the back of the property to eliminate the noise. He stated that his operation had been inspected several times and there had never been any finding of antifreeze dumping or contaminated water or soil. There may have been a fuel tank on an adjacent property to his parcels, but he is unsure if that has or has not been removed. He stated that in the 2008-2010 period he had an environmental study done that found no tank on his property. President Seager closed the public hearing. B. Plan Commission review and discussion Zoning Administrator Schwecke reviewed his findings and time-line. This would be a recommendation to the Village Board to issue a determination of non-conforming use. Discussion included the number of trucks and trailers allowed based on the operation at the time this became a non-conforming use as that varied during the time-line so a range was suggested as there is no legal documentation from the time. Mr. Buchan provided estimates of the number of trucks and trailers that were in operation. Due to the nature of the industry the number of trucks/trailers has varied, and the property has had different zoning designations over the years. Other uses on the property were also discussed such as outside storage and storage of materials C. Possible action by the Plan Commission Motion by Commissioner Arendt, second by Commissioner Bottoni, to recommend the Village Board issue a determination based on the findings below that (1) the trucking operation was legally established in 1977, (2) the use as it existed when it became nonconforming is not now allowed in the Highway Business (HB) district either by right or as a conditional uses, and (3) the use has continued without interruption since 1978. Further, the Village of East Troy Plan Commission Agenda - continued November 11, 2019 Page 3 ________________________________________________ nature of the legal nonconforming use consists of between 5 trucks with 10 trailers and 8 trucks and 12 trailers. The existing building may be used for administrative office space and truck storage and repair. The range in the number of trucks/trailers allows for normal fluctuations which are common in the trucking sector. Additionally, no outdoor storage of any materials will be allowed, no refrigerator trucks, include the nine (9) findings with the change in #3 of the established date to be 1978. Motion carried. 9. Amendment of the future land use map in the Village's comprehensive plan by changing the land use classification of a part of the subject property (RA314100001) from General Industrial to Mixed Residential; Application 2019-24 A. Plan Commission review and discussion Zoning Administrator Schwecke reviewed his staff report regarding amending the TID 4 future land use map to accommodate a multi-family project changing the land use classification from General Industrial to Mixed Residential for multi-family. This process will utilize a resolution to change the plan. The Village Board would then have a public hearing and pass an Ordinance for the change. The Public Hearing would be scheduled for the January Village Board meeting. Administrator Suhm stated that these plans are below the required threshold of 35% of the property within a TID be for residential use. B. Possible action by the Plan Commission Motion by Commissioner Arendt, second by Trustee Renucci, to recommend to the Village Board the approval of the resolution, dated November 5, 2019, based on the findings contained in the draft resolution. Motion approved. Zoning Administrator Schwecke stated that this action approved a change to the land use plan and map. All other steps of any development process would be subject to all approval processes. 10. Discussion related to potentially amending the Natural Resources Site Evaluation Worksheet as referenced in the Village’s the zoning code A. Plan Commission review and discussion Zoning Administrator Schwecke explained potential changes he is suggesting to the Natural Resources Site Evaluation Worksheet in the Village’s zoning code. He advised if the Commission was inclined to modify the worksheet as discussed, a public hearing could be scheduled for consideration of an ordinance that would be drafted. B. Possible action by the Plan Commission Motion by President Seager, second by Commissioner Arendt, to direct staff to draft Ordinance incorporating the suggested changes. Motion carried. 11. Comprehensive Plan work session (No new materials) Commissioners should bring their copy of Policy Document and Background Document A. Plan Commission review and discussion Discussion included insuring the language and the future land use map was correct as directed by Plan Commission and splitting the classification of the property west of Hwy. 120, south of I-43 with General Industrial on the west side of the property and Planned Business Park on the east side of the property, fronting Highway 120. Zoning Administrator Schwecke updated the Village of East Troy Plan Commission Agenda - continued November 11, 2019 Page 4 ________________________________________________ Commission he is still finalizing updates provided by staff. B. Possible decision by the Plan Commission Direction to Zoning Administrator Schwecke was to move forward with the Comprehensive Plan finalization and have Resolution prepared at next month’s meeting to recommend the Village Board move forward with final draft. 12. Recommendations for future agendas (no packet materials) Pending Items (no packet materials) 1. Possible amendment of the zoning code regarding pavement requirements to access detached buildings 2. Possible amendment of the zoning code regarding metal shipping containers (for storage) 3. Possible amendment of the zoning code regarding tree protection standards for new development 4. Possible amendment of the zoning code with regard to front-yard setbacks/garages in residential zoning districts 13. Next meeting: December 9 (if needed) 14.Adjourn Motion by Trustee Renucci, second by Commissioner Stichmann, to adjourn at 7:58 p.m. Motion carried. Respectfully submitted by Lorri Alexander Deputy Clerk