Plan Commission

Minutes Village of East Troy Plan Commission 2015 Energy Drive December 12, 2022 6:30 p.m. 1. Call to order- President Seager called the meeting to order at 6:30 p.m. 2. Pledge of Allegiance 3. Verification of open meeting notice – Clerk Alexander verified the meeting had been posted according to open meetings laws. 4. Roll call Present: President Seager, Trustee Renucci, Commissioners Chris Bottoni, Roger Hayes, Jacob Lederhaus, and John Merath (Commissioner Merath attended remotely) Excused: Commissioner Edward Arendt Others: Zoning Administrator Schwecke, Administrator Suhm, Clerk Alexander 5. Citizen participation None 6. Approve Plan Commission minutes of November 14, 2022 Motion by Trustee Renucci, second by Commissioner Hayes, to approve the minutes as presented. Motion carried. 7. Conditional use for a new telecommunication tower located at 2485/2491 STH 120 (RXUP 00230A), Village of East Troy, applicant (application 2022-38) A. Public hearing President Seager opened the public hearing at 6:32 p.m. Zoning Administrator Schwecke reviewed his staff report for the conditional use and the site plan/plan of operations for the communication tower. Within this zoning code a free-standing tower is a conditional use and there are 18 development standards included in his staff report. Several of the key considerations include that this location is within the Airport Height Restriction Overlay District the FAA has reviewed the plan and approved this tower location as presenting no hazard to aircraft navigation; the Village Board has passed an ordinance to allow such construction should approval be received from the FAA after review; this tower also meets the requirement that it should be designed to be used by other carriers and this design will allow for up to two others co-locating; the communication tower will be 199’ and therefore cannot co- locate on any other existing tower; landscaping is required at the base of towers however the Plan Commission can defer this requirement since the base cannot be seen. Since Act 67 decisions on conditional uses require substantial evidence of compliance by the applicant; should the Village impose additional points of approval related to the purpose then the Village needs to show they are based on substantial evidence to be needed; and if there are objections, the objectors must also present substantial evidence of their objections for denial of the application. Zoning Administrator Schwecke reviewed the required finding and review process, he stated the public hearing was noticed in the paper, letters sent to property owners within 300’ of the subject property, and as of the date of staff report no written comments had been received, however, 2 letters were received on the day of this meeting and will be read into the public record. The draft conditional use is included for consideration. There were no questions from Commissioners. It was noted that the property owners that had submitted comments have property that is within 700’ of the tower site. The Village has supported this county-wide communication system, has approved new radios for the Village Police and DPW to connect with this tower and participate in this project to improve the health and public safety of all our constituents. The Village definitely needs to take the concerns stated in these letters into consideration and also understand that these come from individuals who have known about this project and its implementation for several years. Administrator Suhm read the letters that had been received. Captain Todd Neumann, Walworth County Sheriff’s Office, stated that he appreciates the stated citizen’s concerns, but this will not be a cellular tower but a public safety radio tower and that the frequencies are different, and the purpose is different. Also, there already is a cellular tower on the property that has been there for many years. He then asked for copies of the letters and to return to the January meeting to with the opportunity to address the concerns. He went on to discuss the application for the county wide communications tower to update the current radio system so that it is available to all agencies in the county. Currently agencies in the northeast section of the county, such as East Troy, are on their own channels because of coverage issues that remain making these communities isolated from the rest of the county communications. The system will include 11 towers throughout the county interconnected by microwaves allowing all emergency responders and DPW departments to intercommunicate and will be simulcast across the entire county. To accomplish this there is the need to install a 199’ tower. Using the Young Street water tower would not work but the Hwy 120 site on is workable and cost effective to the Village. The tower design will be 199’ and will contain three 2-way radio antennas, two in the 700 MH range and one in the UHF range and two microwave signals to beam the signals between towers. The current cellular tower isn’t tall enough for the County to co-locate there and allow for the needed signal coverage. The proposed new communication tower is designed to be self-supporting, and should there be a disaster, fall within a 100’ radius if damaged as it is designed to crumple and fold in upon itself. There will be an equipment shelter at the base to house an emergency generator and fencing will be 8’ to secure the site. The tower is designed to accommodate two additional carriers and to meet all the Village requirements. Discussion include that the nearest towers will be in La Grange and at Hwy 120/Hwy 11; all towers are about the same size and the tower in Elkhorn is 300’ but most are about 270’ – with the location in East Troy being on top of a hill the tower could be designed shorter at the 199’; construction is to begin in the spring 2023; the possibility of the system going state wide; the ability to simulcast MABAS (Mutual Aid Box Alarm System) and have the ability to interconnect with those that have statewide coverage; if the tower would require a beacon; lease terms; if the Village could restrict the nature of any future co-location applicants; the anticipated life of the radio system being about 10 years; landscaping could be waived due to the hidden location. Captain Neumann stated that the current County tower is located in the center of Elkhorn, and he is not aware of any health or property value issues due to the public safety tower located there. Zoning Administrator Schwecke noted that the two letters received objected regarding property values and health concerns however these are statements and claims. While there are studies  referred to in the letters, there needs to be more information on the cited studies and the objectors need provide additional information. The commission could table the public hearing until the January meeting to allow both parties to present further information. Motion by President Seager, second by Commissioner Bottoni, to adjourn the public hearing to the January 9, 2023, meeting at 6:30. Motion carried. B. Discussion and possible recommendation to the Village Board 8. Site plan for a new telecommunication tower located at 2485/2491 STH 120 (RXUP 00230A), Village of East Troy, applicant (application 2022-39) A. Discussion and possible action 9. Discussion regarding potential amendment to zoning code with regard to exterior materials of accessory buildings and exceptions A. Discussion and possible direction to staff (no packet materials) President Seager explained this item refers to accessory structures with a soft side material in non-visible areas. Currently this is not allowed although there are a few instances where it is already in place and perhaps this could be an allowed use as an exception when the location is not visible or on a main throughfare. Other locations where this type of structure has been used is Buell Drive, on Byrnes Street and off Church Street. While this is not currently allowed the ordinance could be modified to allow for exceptions. Commissioner Bottoni stated that he agreed that a modification to allow such structures may be beneficial while retaining the approval process through the Plan Commission, the structure was not visible and allowed for landscaping or screening if needed. Consensus was to direct Zoning Administrator Schwecke to draft an ordinance that would allow review on a case-by-case basis for this type of structure to be allowed in an out of sight area or screened to some degree as a requirement, within specified zoning districts such as industrial but not residential. 10. Recommendations for future agendas (no packet materials) • Revise application requirements for rezoning petitions • Potential regulations/information related to front-yard setbacks on side-loaded homes 11. Next meeting: January 9, 2022, at 6:30 pm, if needed 12.Adjourn Motion by President Seager, second by Trustee Renucci, to adjourn. Motion carried at 7:18 p.m. Respectfully submitted by Lorri Alexander Clerk Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg