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Town of Germantown Planning Commission Meeting April 13, 2011 Chairman Specht called the meeting to order at 5:35 p.m. Roll call- Roger Bean-present, Jim Collis- not present, arrived at 5:40 p.m., J.K. Walsh- not present. Arrived at 5:40 p.m., Chairman Specht-present, Audrey Scholl-present, George Vukich present, Zoning Administrator-William Bruce- present, Town Engineer-Larry Koopman-present, Town Attorney- William Curran-present. Quorum present 4 of 7, 2 arrived after roll call Others present- MVP- Mr. Dupuis and Mr. Jungwirth, Developers- Brad Pavloski, Pat Pavloski and Chris Renner. Minutes of the March 9th meeting were read. Motion to approve the minutes was made by Roger Bean. Second by Audrey Scholl. Motion carried. All members are present. Chairman’s comments and Approve Agenda- Chairman Specht approves the agenda and reserves the right to change the order to do business. Chairman Specht- we will change the order and do MVP- Zoning Ordinance 22 Sec. 3.09 first. MVP property has changed thru the years. It was light industrial in a commercial district. Over the years the nature of the business has changed considerably. Was manufacturing, now could describe as mixed use of clientele of rental properties. What and why are the basic questions. Bill Curran- distributed documents 2 years ago, now would like to move forward. Concept- zoning ordinance controls uses, same building, succession of uses. The incubator has spaces available, some businesses are stable, some come and go. It is difficult to monitor and go thru involved changes. Chairman Specht - Uniqueness of property with different areas. Have talked with MVP. Proposing- get permitted for a number of uses, see #1 page 1. Their basic idea- use permit for their operation then conditional use for future uses. William Curran- Common in the Zoning Ordinance, instead of #2 listed use “every other use is conditional. Permitted uses get permit. Conditional uses have a procedure to go thru that includes a hearing. Matt Dupree-Assumed that their lawyer had given us the proposal. Feels odd to go back on someone that is already in business. Thinking in the spirit of the ordinance, part of permit to operate the business, gives zoning administrator list of who and what they do for classification of what they do. Overall MVP as business, look at what the Town recommends, if a-k, if get permit for permitted uses, MVP gets the permit and satisfies the Town. If Conditional Use, that are not in the permitted uses, they get conditional use permit from Town. Discuss junk being conditional use. Problem with the 50 % change in 3 b. Discuss non conforming use. Don’t have anyone now that is non conforming. Would like- MVP gets permit then have Conditional Use for not permitted uses. William Bruce- Discussed conflicts in Zoning Ordinance. Discuss not wanting to have more that 50% of the businesses being non conforming. Property has been zoned commercial since day one. Chairman Specht- this Board recognizes that this is a unique situation. We are trying not to place an unnecessary burden on MVP. Roger Bean- no reason can’t have under 3.09, conforms to 3.09 only. Under Conditional Uses we have definitions, would conflict under 22 now, if definitions are different. Discuss if case for light industry and light manufacturing, specifically in 3.9 (d). William Bruce- distribution fall under light industry? Need definitions of permitted uses. Would not have to come in for permit for each case. Provide us with a list so wouldn’t need list each time. MVP- If permitted why have to let the Town know? William Bruce- make it a courtesy call. Roger Bean- if permitted use do we need? William Bruce- we should have some verification. Roger Bean- if gave copy of tenants wouldn’t have to call, assume o.k. until proven different. William Curran discussed MVP’s list of permitted uses, a thru k, in the introduction have if MVP secures a permit they automatically have uses with a reporting requirement. Chairman Specht- use “all other activities are conditional use” Audrey- if called could tell up front and save time. Dupuis- hindrance to have to call J.K. Walsh- wondering- does it matter if MVP would sell, would rules pertain to new tenants? Chairman Specht- once established a district applies to new owners. This was not aimed to be a burden on MVP. Mr. Dupuis- discussed “permitted” building, as develop ass within confines, in agreement except for permits. Light industrial-permitted use. Discuss # 3. Chairman Specht- doesn’t have problem doing proper definitions. Larry Koopman- only found two definitions, need to clarify more. Commercial is a district with a whole group. Mr. Dupuis- Thought they had a definition to the things they will do, want a single permit, try to comply but want flexibility. Don’t want to be constrained, would want to go with MVP getting single permit. Chairman Specht- don’t have a problem. Larry Koopman- doesn’t have a problem, if something questionable call Zoning Administrator. Jim Collis- Define recreational Mr. Dupuis- work out center, air gun fight, bow and arrow. Jim Collis- shooting range? Could we protect the Town from that. Whistling Wings only down the road. Mr. Dupuis- Will be indoors. Chairman Specht- anything outdoors contact Bill. Zoning Ordinance- put “inside recreational. Mr. Dupuis- could they fly model airplanes? Chairman Specht- may get a missile from Volk Field in return. Mr. Dupuis- may have basketball game. William Curran- question on definitions, proposal-all other uses. Conditional, problem telling what is not conditional. Specific or not. Chairman Specht- possible to define for this zoning only rather than try to deal where else defined. Limit to 3.09 William Bruce- discussed “existing”, strike out? Larry Koopman- with pre existent, strike 3 altogether. Roger Bean- frequency of reporting- 3 month reports? J.K. Walsh-In the past did you have any that did not comply? Mr. Dupuis- don’t think so. William Curran can draft from tonight’s meeting. Roger Bean- Conditional Use- MVP $200 fee. MVP would pay. Have conditional uses as guidelines for MVP. Building expansion(2) (h) 15%.Mr. Dupuis discussed junk and salvage yards as Conditional Use. Larry Koopman- restaurant / cafeteria put back in ordinance. Chairman Specht- will get drafted and send a copy. Call for a 5 minute break Chairman Specht called the Planning Commission back to order. William Bruce- We are looking at the General Development Plan and the Specific Implementation Plan for revisions to Bear Paw Lake, Copper Point and O’Dells Bay. The Staff went over the plans. The change is in the density. Bear Paw Lake and Copper Point have major changes- Bear Paw Lake- 3 additional lots, Copper Point 17 additional lots.. These will need a Public Hearing to do. Lakeview Corners will have permanent green space and is part of O’Dells Bay PUD, this is a minor change. Dave Specht- Entire 31.6 acres, converting to permanent green space for green space in other PUD’s. Larry Koopman- three PUD’s would use this green space. William Bruce- discussed 200 acres used for Castle Rock Condos, property was then sold to the State Park. They are looking at donating 31.6 acres to the Town in three parcels, approximately 10 acres each. J.K Walsh- in phases? William Bruce- Copper Point stands alone. Bear Paw approved separate years. Green space is happening now, donation is not tied to the change. Larry Koopman-Town residents have to approve accepting lands at a special town meeting. If Town people reject then will remain green space. Audrey Scholl questioned if the density of O’Dells Bay changed when made 4 lots around ponds. Chris Renner- What they have been able to research there are 17 units left to build. PUD revision is minor. William Curran- discussed changes, marina, point, 4 lots, originally 188 acres- 144 units, PUD revisions. Need to decide how you want to proceed with this. Chris Renner- there are no restriction on the deed. William Curran-question how to use land not connected to the property and not double count green space. Chairman Specht- If the Town ends up with 30 acres of green space it is better than going back to what/ where. William Curran- are we asking for provisions? We have no written history to negate. Audrey Scholl- Motion to table to review and research density use and green space. Roger not different, more defined. Chris Renner- Copper Point is still under the Town standards for density. Chairman Specht- there is a motion on the table. Motion dies for lack of second. Chairman Specht- issues tonight- how much acreage is left in O’Dells Bay. William Curran- How do we take from one PUD and put in another? Larry Koopman- That was the question at the staff meeting. When purchased there were no deed restrictions. Discuss research for PUD O’Dells Bay. George Vukich- does deed say O’Dell’s Bay PUD? William Curran- developer was WRPCo- they sold by 1992. Cut out 5 acres and sold to Dippen for the Harbor. Then the Point sold to Connors. Then designated green space by giving the Town the Town Park, still green space. Big thing then was sewer treatment plant. Now have sold a piece to Sanitary District and Pavloski’s. Is it part of the green space? How to get out to use in other PUDs. Roger Bean- Condo’s at South Shore was action by the Planning Commission. It can be done. William Bruce- History, prior to 2003, WRPCo developed the land themselves. 2000, developer with front money to run the sewer line down G, wanted to use the County Park as green space, not allowed. Larry Koopman- Was a matter of where they could acquire that much land for green space and put on a restricted covenant. Brad Pavloski- Could leave as one lot and sell. Will be donated, deed restricted as green space. Advantageous to the Town to have public green space. William Curran- In PUD there is green space and cluster housing. Green space is owned by the PUD Association, not the public. George Vukich- Where is O’Dell’s Bay green space? William Curran- Down 17th Ave. and Town Park. Larry Koopman-.8 units per acre is a guideline. 144 units minus 127 leaves 17 units. Could put 17 in Corners. 31.6 acres 25 units. Increases density. They meet green space but is a density issue. Pat Pavloski- there was a motel proposed in the past, 17 units is conservative. George Vukich- Bought in good faith now looking to make your lots smaller? Larry Koopman- To keep Bear Paw Lake at .8 units per acre, needs more acreage. Copper Point under # needed. Now 31.8 acres could be public. Makes sense to cluster developments, adding into Bear Paw Lake and Copper Point- density is already in the area. William Bruce- If go forward decide if major change, need public hearing, leave as O’Dells Bay, add additional green space to PUD. Chairman Specht- Make into permanent green space. William Curran- If 31 acres part of PUD will it also be part of another? Larry Koopman- No, not use as green space in other, just donate to Town. Chairman Specht- even if part of PUD can make it permanent green space. Allow you greater density other PUD’s. William Curran-We deal with Use, not ownership. Deed restriction, notice to the public. Larry Koopman has the cleanest suggestion. Not out of PUD. Roger Bean- probably the way to package. Larry Koopman- now we know it is part of O’Dells Bay PUD. Justification for density is gift to the Town. If people do not vote for it can remain deed restricted green space. Bear Paw Lake, Sand Point- in return permanent green space for the Town. Chairman Specht- vote for significant or major change- Odell’s Bay, Sand Point, Copper Point. Plan Commission Staff reached that decision at the meeting. Motion made by Roger Bean- O’Dells Bay minor change William Curran- 31.6 acres designated green space. Roger Bean- amend the motion. Second Jim Collis. Motion carried. Motion made by Jim Collis: Proposed change to Bear Paw Lake, Copper Point and Sand Point are major changes to the General Development Plans and Specific Implementation Plans. Second Roger Bean. Motion carried Zoning Ordinance Changes- copy- proposed language changes April 13 3.03 Roger Bean Question 50 ft set back allowed for parking space. William Bruce- Sec. 2 Conditional Use Roger Bean- get rid of (d) item(1). Move into Sec. 5 2 goes away. Larry Koopman- 3 detached instead of attached? #2d covered by 5c 6 no mobile homes in ARO 3.04 now (A) (have to add back)- unless sewered by sanitary district. (A) lots permitted use-not sewered by sanitary district must have 3 acres (B) for lots not served by sanitary district – 150 ft wide Lots of record are grandfathered in. (3B) from original c-d d-e Copy to William Curran, Public Hearing, Board for approval Roger Bean- Eliminate 3.06- Recreation Development District- anything would be Conditional Use. 3.08-(d) general landscape- would be first time in. 10(f) Specific landscape Plan Roger Bean- 17 page 24- didn’t do anything. Joint public hearing, make clear. Larry Koopman- do the same as original approval. Roger Bean- will send a clean copy of changes tonight. Chairman Specht- put into a Public Hearing- May 11, 2011, can make changes from the hearing at the meeting after. Roger Bean made a motion to have a Public Hearing May 11, 2011 5:30 p.m. for changes to Zoning Ordinance 22 Section 3.03, 3.04, and 3.06 (wording changes). Second Jim Collis. Motion carried. Public comments- none April 27, 2011 there is a conditional use public hearing followed by a Plan Commission meeting. And May 11, 2011 monthly meeting will follow the public hearing on tonight’s changes. Motion to adjourn was made by Jim Collis. Second by Chairman Specht. Respectfully submitted, Marion L. Uphoff