Plan Commission

Minutes Village of East Troy Plan Commission 2015 Energy Drive 2/12/2024 6:30 p.m. 1. Call to order- President Johnson called the meeting to order at 6:30 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 Johnson, Commissioners Edward Arendt, Chris Bottoni, Roger Hayes, and John Merath Excused: Commissioner Jacob Lederhaus Absent: Trustee Renucci Others: Zoning Administrator Schwecke, Administrator Suhm 5. Citizen participation None 6. Approve Plan Commission minutes of January 8, 2023 Motion by Commissioner Hayes, seconded by Commissioner Arendt, to approve the minutes as presented. Motion carried. 7. Amend the Village’s Comprehensive Plan by changing the designation of two adjoining parcels (RLC 00005 RLC 00006) on the future land use map from General Commercial to General Industrial generally located at 1938 Energy Drive; TJ Properties (John Theisen, agent), applicant (application 2024-01 a. Discussion and recommendation to Village Board Motion by Commissioner Arendt, seconded by Commissioner Hayes to recommend to the Village Board the approval of the resolution, dated February 9, 2024, based on the findings contained in the draft resolution. Motion carried. 8. Exterior renovation and expansion of existing building located at 2114 - 2116 Church Street in Downtown Design District (CB District); Roger Trader and Catherine Wachal, applicant (application 2023-40) a. Public hearing Zoning Administrator Schwecke reviewed his staff report dated February 12, 2024. He explained because the building is within the Downtown Design District and the modifications proposed are major, including adding a floor, a public hearing and recommendation to the Village Board are required. He noted the following items: • Questions regarding the proposed use of the building. One part of the application materials notes the front of the building is going to be used  for retail and the plans note storage. • The building is along the property lines, which is allowed in this zoning district. However, the overhangs extend beyond the property line. This will need to be modified or the owner will need to work with the neighbor to allow an encroachment agreement, which will be recorded at Walworth County. • The area of the sign ban is not clear, but it needs to be noted that signage cannot exceed 37 square feet or the area needs to be reduced so it does not exceed 37 square feet. • There is a concave metal roof depicted on the plan. The section of the zoning code specific to downtown design standards only allows cloth awnings. • The proposed set of planters and bench in front the building appear to encroach the right-of-way. If that is to be carried forward, there will need to be an encroachment agreement with the County Highway Department, or they may defer to the Village. It was also noted this will make the sidewalk narrower at that point. Nick DePietro, DePietro Design Associates, explained the following: • The proposed planters are removable and will lean over the sidewalk right-of way. They are designed to cover the existing stepped foundation on the building. He will address this with the County. • The sign strip mentioned is the mill work and not the actual sign size. This will be clarified in the plans. • The code does address awnings in the Downtown Design District but does not specifically state you are required to have an awning. Nor does it state you cannot have a different awning. He addressed a separate section of the code, stating it allows marquee or canopy signs. • The overhang will be cut back if they are not able to obtain an agreement from the adjoining property. Zoning Administrator Schwecke addressed the Commission stating if the broad interpretation is the proposed roof structure is an awning the Commission would need to change the code. It is clear in the Downtown Design District section of the code that any roof structure needs to be an awning made of cloth material. This is clear in the language and images presented in the code. Section 510-135 permitted nonresidential signs does discuss marquee and canopy signs. However, if we are strictly following the Downtown Design District section it does not state you can have a marquee or canopy sign. President Johnson pointed out the building next to pizzeria on the square has concave awning with a similar appearance to the proposed roof that is cloth. It was discussed that the intent of the Downtown Design District is to be more restrictive than the rest of the code. Commissioner Bottoni stated based on how the square has progressed he would like the current requirements to  remain and not pursue a change to the code. Commissioners Arendt and Merath agreed. Zoning Administrator Schwecke questioned the usage of the property. Roger Trader, building owner, stated he has no set plans for either story of the addition and he may end up selling the building once the project is complete. He understands if he finds a tenant for either unit the Village will need to approve that. The workshop on the plans is the owner’s hobby shop, the front is currently leased to a pet groomer and there are tenants upstairs. The applicant agreed to change the floorplan label from proposed storage to tenant space in the front area so it clarifies the intent is for retail or professional service use. Zoning Administrator Schwecke summarized the final plan set should indicate the sign area is not to exceed 37 square feet, sheet A the label for the new area should be changed from storage area to tenant space. That the awning covering needs to be compliant or façade modified to remove. Regarding the overhangs, an encroachment agreement that is recorded at the County courthouse or the plans need to be modified so there is no encroachment at all. The County will also need to approve the right-of-way encroachment. Commissioner Hayes questioned where the signage would be if there were a second tenant in the front of the building. It was clarified that the total signage cannot exceed 37 square feet and a sign could be vertical, projecting or window signage. Karl Sawyer, stated he lives in the town, has been watching the square, and used to live on the square. Anytime we have somebody who wants to come forward and put a significant amount of money into a building he hopes the plan commission will realize and take into consideration what they are doing. He stated it is a beautiful building and hopes it moves forward. Commissioners acknowledged their appreciation for the owner’s investment in the building. Commissioner Hayes questioned what lighting was planned for the front of the building on the right side (facing the building). Nick DePietro stated there is no current exterior lighting. The initial proposal anticipated mellow downlighting under the metal roof, but the code does not allow lighting within an awning. b. Discussion and recommendation to Village Board Motion by Commissioner Bottoni, seconded by Commissioner Hayes, to approve the plans considering the awning clarification, the planter encroachment within the County right-of-way, the signage clarified on the sign marquee as to 37 square feet for both  sides of the building, compliance with an encroachment agreement on the south side of the building, and modifying storage label on plans to state tenant space. Nick DePietro will try to get the updated plans to the Village by Thursday afternoon to be included in the Village board packet. The Commission is not recommending to the Board any changes to the code related to awning requirements. Motion carried. 9. Amendment of site plan approved in 2023 (First Amendment) for property located at 2616 S. Executive Drive; MDC East Troy LLC; Josh Manthei, agent (Caitlin LaJoie for Briohn) (application 2024-02) a. Discussion and action Zoning Administrator Schwecke explained the applicant is asking for three possible amendments to the site plan which was previously approved. The Village had previously asked where the washout basins would be and they provided that as well as a narrative for their washout process on a day-today basis. There is nothing draining into the stormwater pond or surface waters. They have also proposed an outdoor display area south of their parking lot on the site plan. Within this zoning district the outdoor display is not allowed. They have two options, to seek an amendment to the zoning code or they can put it behind the building in their outdoor storage area. The other lan amendment is security fencing. On the approved site plan they had fenced in the entire outdoor storage area. They are now proposing to eliminate some of that fencing, which does not comply with code. Kyle Roadt, Project Manager Briohn Building Corporation, stated he spoke to Josh Manthei and he would like to pursue an amendment to the code for both items. It was clarified because the developer is requesting the amendment, they will be responsible for the costs associated with the amendment. Zoning Administrator Schwecke will provide a proposed ordinance with the requested changes, but it will be the applicant’s responsibility to review the changes. It was asked that the applicant provide a graphic of the proposed fencing modifications review. Motion by President Johnson, seconded by Commissioner Arendt, to approve the location of the washout elements. Motion carried. 10. (ON HOLD) Final development plan for Overlook Ridge, a proposed planned development district with a total of 145 multi-family dwelling units; Sawall Development, applicant (application 2023-37) 11. Recommendations for future agendas (no packet materials) • Polystructures as accessory uses in residential zoning districts – This item  was asked to be a priority because more are being observed within the Village • Tiny homes as accessory uses in residential zoning districts • Revise application requirements for rezoning petitions • Potential regulations/information related to front-yard setbacks on side- loaded homes 12. Next meeting: March 11, 2024 at 6:30 pm, if needed 13. Adjourn Motion by President Johnson, seconded by Commissioner Arendt, to adjourn at 7:21 p.m. Motion carried. Respectfully submitted by Eileen Suhm Administrator Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg