HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 November 5, 2013 PLAN COMMISSION MINUTES November 5, 2013 PRESENT: Ed Bowen, Thomas Fojtik, John Hinz, Kathle en Propp, Donna Lohry, Robert Vajgrt EXCUSED: David Borsuk, Jeffrey Thoms, Steve Cummin gs, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Service s; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Steven Gohde, Assistant Dir ector of Public Works; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4 :00 pm. Roll call was taken and a quorum declared present. The minutes of October 15, 2013 were approved as pr esented. (Vajgrt/Hinz) I. TWO-LOT LAND DIVISION/CERTIFIED SURVEY MAP AT 37 64 JACKSON STREET The owner/petitioner is requesting a two-lot land d ivision/certified survey map from one existing parcel containing a total of 63,831 + square feet. Sizes of the proposed lots are as fo llows: Lot 1 = 31,890 Square Feet Lot 2 = 31,941 Square Feet Mr. Burich presented the item and reviewed the site and surrounding area. He stated that this item was laid over from the October 15, 2013 meeting to permit the applicant to provide additional information to staff relative to the certified surv ey map and additional information was not received until today. Ms. Lohry arrived at 4:04 pm. Mr. Burich stated that some additional information was placed on the CSM however it was not sufficient to satisfy the requirements that were ou tlined on the previous staff report. A narrative w as also provided however it addresses the potential of selling Lot 2 to the owner of the property to the north for future development but this does not addr ess the immediate concerns of splitting off this lo t in its current state. He further stated that there are no utilities on this lot containing the shed s tructure and the open storage use that currently exists on t he site appears to be the intended use at this time . Staff would be supportive of redevelopment of the s ite but not the land division as there are not definitive plans submitted for the redevelopment an d the revised CSM submitted today does not address staff concerns regarding the use and the la nd division as presented is in conflict with the Comprehensive Plan. Mr. Bowen questioned if the revised CSM meet the su bdivision regulations. Mr. Burich responded that it was just received toda y and staff has not had time to review it however the additional information added does not relate to the conditions that need to be met to recommend approval.
__________________________________ Plan Commission Minutes 2 November 5, 2013 Ms. Propp inquired if the petitioner for this reque st also owns the property to the north of the subje ct site. Mr. Burich responded negatively. Russell Eckstein, 4790 County Road I, Larsen, state d he was present representing Mr. Schumacher, and that a developer has purchased the land to the north of the subject site but was only interested i n the proposed Lot 2. Mr. Burich responded that the City has not been con tacted or approached by the developer and no potential plans have been submitted either, therefo re to approve the land division at this point would be premature as it would create a separate parcel of i ts own for the storage shed. Mr. Buck added that Lot 2, if split from the other parcel, would create a nonconforming use with nonconforming setback issues as well. Mr. Burich commented that creating this parcel on i ts own is an issue as the storage building on the s ite is not a conforming use on its own. Mr. Fojtik questioned what the solution to this sit uation would be. Mr. Bowen inquired if there would be concerns if bo th the storage building and other structures would be removed from the site. Mr. Burich responded that a green field site could be created if the parcel had all structures razed a nd the site returned to a grass surface. Mr. Bowen then inquired if the petitioner was submi tting the CSM for sale purposes only. Mr. Schumacher replied that the use of the site was nonconforming now and he wanted to make it a conforming use. Mr. Bowen commented that the petitioner needed to c lear up the zoning issues on the site and the CSM was only making things more complicated at this tim e. Mr. Burich agreed and stated that the CSM requestin g to divide the lot was creating more issues than i t was resolving. Mr. Bowen questioned if there would be an issue wit h the approval of the land division if the proposed Lot 2 was being sold at the same time. Mr. Burich responded that the accessory shed struct ure on the site was still an issue. Mr. Fojtik again requested guidance on how to resol ve the issues. Mr. Burich responded that if the petitioner submitt ed the land division along with a development proposal for the site or the alternative would be t o demolish the existing structures on the site so i t could be marketed as a green field site.
__________________________________ Plan Commission Minutes 3 November 5, 2013 Russell Eckstein questioned what would have to be d one to make the lot conforming as it currently exists. Mr. Burich indicated that a base standard modificat ion could be granted for the planned development however that was not likely. Mr. Buck added that the storage building would have to be rehabilitated to meet current building code standards as well. Mr. Hinz inquired without the land division approve d, what is the nonconforming issue currently. Mr. Burich responded that there were zoning code vi olations on the site. Mr. Buck added that the current use was legal nonco nforming however there were zoning code issues for outside storage, signage, and setback issues. Mr. Burich suggested that the Plan Commission deny the land division at this point until such a time that Lot 2 be razed or until such time that a devel opment plan for the site is submitted. As the requ est stands, approving the land division would leave the site with no intended reuse and with that potentia l unknown factor, more information was necessary to s eparate the two lots and be consistent with the City’s Subdivision Regulations. Motion by Vajgrt to approve the two-lot land divisi on/certified survey map at 3764 Jackson Street. Seconded by Propp. Motion denied 0-6. II. OPPOSE SB 349 PREEMPTING MUNICIPAL AUTHORITY TO REGULATE WATER QUALITY, AIR QUALITY, USE OF EXPLOSIVES, BORROW PIT S ASSOCIATED WITH DOT CONSTRUCTION PROJECTS & NONMETALLIC MINING The Wisconsin Senate has introduced SB 349 which pr eempts or reduces municipal authority to regulate air quality, water quality and quantity, t he use of explosives, borrow pits and material disp osal sites related to DOT construction projects, and non metallic mining. The League of Wisconsin Municipalities has concerns with the proposed legis lation and is opposed to the legislation as presented. Mr. Burich presented the item and reviewed the memo he prepared regarding the issue. He also distributed copies of correspondence sent to the st ate legislature from the League of Wisconsin Municipalities opposing this bill and a resolution he prepared also opposing the legislation. He stat ed that the bill would reduce municipal authority and would allow borrow pits to be created in any area o f the city for Department of Transportation projects without the City’s approval and will effect land us e decisions in our community. Sites such as the Vulc an Quarry could be expanded under this new legislation without a conditional use permit approv al as well as prohibiting regulations regarding blasting on the site. This will concern the reside ntial neighbors in the area of the quarry as it may negatively impact their neighborhood. The resoluti on distributed was reviewed and if approved by the Plan Commission, would be forwarded to the Common C ouncil for approval and then would be forwarded to our area’s legislative representatives . Steve Gohde, Assistant Director of Public Works, st ated that the local regulation of water quality and quantity and air quality concerned him as it could effect storm water flood control regulations and
__________________________________ Plan Commission Minutes 4 November 5, 2013 would be a substantial blow to storm water manageme nt for our community as flooding concerns are a major issue. Mr. Bowen commented that language in the bill enfor ces standards for water quality and quantity but how it effects our community is yet unknown. Mr. Gohde stated that the City Manager has sent cor respondence relating to this issue to Representative Gudex but to date, no reply has been received. Mr. Fojtik commented that he was hesitant with the process of approving a resolution at this point as he needed more information before making a decision on the matter. Ms. Lohry questioned if the resolution was reviewed by the City Attorney. Mr. Burich responded that it was crafted to meet th e local concerns in our community. Mr. Hinz commented that he had concerns regarding t he language relating to damages to roads by vehicles during construction. Mr. Gohde agreed as these construction projects cur rently involve organized truck routes that have to be followed and it will affect local projects as we ll. Mr. Hinz also commented about the strictness of nav igable waterways and had concerns if this legislation overrides local regulation of that too. Ms. Propp commented that she assumed that the Depar tment of Natural Resources or the Environmental Protection Agency’s standards would b e applied. Mr. Gohde responded that the Clean Water Act would require that the project would have to follow state regulations for water quality however the qua ntity and ability to detain water is not a state is sue. Ms. Propp questioned if the legislation would not h ave an effect on water quality. Mr. Gohde indicated that the changes to quality wou ld be minor however the issues regarding quantity were a concern. Mr. Bowen questioned the precedent of passing a res olution regarding this legislation as this practice has not been done in the past. He did feel the pro posed legislation was bad as after reading the language in the bill it is ambiguous and far reachi ng when it comes to local control. Mr. Burich responded that the legislation would aff ect local land use policies in place. Mr. Bowen commented that these affects will impact the community in a negative way. Ms. Lohry stated that she felt that disturbing land in any way created water quality issues and she would support the resolution. Motion by Bowen to approve Resolution 13-02 opposin g SB 349 preempting Municipal Authority to regulate water quality, air quality, u se of explosives, borrow pits associated with DOT construction projects and nonmetallic mining.
__________________________________ Plan Commission Minutes 5 November 5, 2013 Seconded by Hinz. Mr. Hinz commented that federal and state governmen t should have the least control over these matters and local government bodies should make these decis ions as they have the most direct affect on their communities and he would also support the resolutio n. Ms. Propp stated that it is terrible legislation an d will reach into every community and she was also in favor of supporting the proposed resolution. Motion carried 6-0. PLANNING DIRECTOR’S REPORT 1) Zoning Ordinance Update Mr. Buck stated that the information gathering was in process and focus groups and workshops have been held. The working group met and reviewed poli cy issues and the consultant is in the process of breaking down the city into various zoning district s. He further stated that staff will be providing summaries from the workshops and focus groups to th e Plan Commission and the next stage is the consultant providing a skeleton of zoning code and devising concepts. Mr. Fojtik commented that he was present at several of the meetings and was impressed with the consultants work. 2) AB 410 Manufacture Home Parks Retain Nonconforming Use Status Mr. Burich stated that this bill does not have the potential to create the significant impact that cou ld arise from SB 349 however he feels it necessary to keep Commission members informed of these legislative actions and obtain an opinion or possib ly action depending on the matter. Bill AB 410 effects nonconforming mobile home parks and would a llow switching out of homes in these parks where some communities currently do not allow this practice. Our community already allows this practice. There being no further business, the meeting adjour ned at approximately 4:50 pm. (Vajgrt/Hinz) Respectfully submitted, Darryn Burich Director of Planning Services