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September 8, 2009 Plan Committee Meeting Sept. 9, 2009
Town of Germantown Planning Commission Meeting September 8, 2009 Chairman Specht called the meeting to order at 5:30 p.m. Roll call- Roger Bean, present, Margaret Miller, present, Audrey Scholl, present, Michael Poe, present, Chairman Dave Specht, present, Jim Collis, present, Paul Merk, present, Zoning Administrator William Bruce, and Attorney William Curran. Meeting was properly posted at the three locations. Others present” Mr. Schneider, Mr. Zimmerman, Mr. Simonson, Mrs. Boudreau, Brad Pavloski, Pat Pavloski. Minutes of the August 11 meeting were read. Motion to approve the minutes was made by Paul Merk. Second by Michael Poe. Motion carried Chairman Comments- Approve Agenda- Chairman Specht requests that the new business be moved to the front of the list. Half Moon Bay lot configuration- major or minor change. Roger Bean- are we giving special consideration? Will the set backs change from when made a PUD. William Bruce – We are looking at splitting the lots so each lot has a building on it. Roger Bean- Does this meet conditions of set backs? William Bruce- yes. Michael Poe- Not more parcels. Will be approving smaller lots. Chairman Specht- They are already existing lots. Paul Merk- Do you see any red lights Mr. Bruce? William Bruce- Nothing at all. Roger Bean- should this go to the Zoning Board of Appeals? William Bruce –Zoning Board of Appeals is for denials for permits. Roger Bean- haven’t we handled one of these recently? Shouldn’t we know what is major and what is minor? William Curran- first he has seen this. Probably falls under 3.08 (18). Will there be a change of ownership? William Bruce- No, splitting off into lots. William Curran- is the area fully developed? William Bruce- yes. Dave Specht- should we have, do we need a plat and petition? Could be considered under (17) Paul Merk? How is this different than the one we did before? Is anything different? William Curran- Purpose of change or ownership? William Bruce- just resurveyed, new Certified Surveyor Map by the County. No deeding. Existing parcels, change legal description. William Curran- tax parcel numbers change? Raises questions if buildings needed to be replaced. William Bruce- Would have to be the same footprint. Jim Collis- who are owners? William Bruce- Homeowners Association. Just a paper work change. Does not require plat/ petition. Jim Collis- Exterior dimensions not changing? William Bruce- No. Jim Collis- Number of buildings not changing> William Bruce- No. William Curran- does not appear a land division. Same outer footprint. If you want to re label the land- does it do any thing to the Planned Unit Development? Dave Specht- still called minor. Michael Poe- The entire Half Moon Bay is covered by the Planned Unit Development. Paul Merk-Move to approve as submitted, William Bruce – we need to consider minor or major change to Half Moon Bay PUD. Roger Bean- We don’t have anything from the past Would like to see C.S.M. Maps and conditions on the Planned Unit Development. Paul Merk –amend motion approval of Plat Map William Bruce- only need minor change- still have to go thru process with the County. Revised plat, final comes back to Town unless the County denies. William Curran- can give approval subject to review of C.S.M map final survey confirmation when seen final map. Motion made by Paul Merk for the above. Approve minor change to Half Moon Bay Planned Unit Development subject to review of the Certified Survey Map final survey. Second Jim Collis. Motion carried. 6 Aye, 1 Nay. OLD BUSINESS-Landscape Guidelines- Mr. Merk reported that Mr. Bean did a good job putting this together including things talked about. Dave Specht- any discussion? Next session put this on the agenda. Michael Poe – questioned 100% barrier. Have not seen that in any development. William Curran- the numbers 1, 2, 3, are these examples or need all. Roger Bean- there is not a lot of definitions as related to our zoning Trying to get a general idea of parameters. William Curran- natural vegetation- should that be “if” natural vegetation? Roger Bean- went with 3. New paragraph-clearing, general to all three. Roger Bean- Only thing not put in was talking about density. Paul Merk- minimums and spacings, which way to identify is easier. Would want to clarify. Dave Specht- A lot is not natural to this area. So what is natural and what not and who will decide? Paul Merk- Natural at the time. These are guidelines not requirements. Always on a case to case basis. Roger Bean 3rd sentence- being consistent. William Bruce- Provide future developers guidelines. Michael Poe- Walks the line- you might- you should. Seems a positive 1st step. Dave Specht- Put on next month agenda. Bill Curran-1. intention- part of ordinance or resolution or guidelines. Consider guidelines. 2. screening, buffering, mandatory wording. Roger Bean- These are guidelines- wording may be changed. Paul Merk- not make confusing. Roger Bean- references at end- need beefing up. 3.08 overlaps GDP and SIP. Audrey Scholl- 2.08 (5)(d) should be 3.08 (5) (d) Dave Specht- put on agenda next month. William Curran – Need your intentions- landscape guideline-part of ordinance or resolution Committee has met and worked on- Paul Merk, Roger Bean, Audrey Scholl, Michael Poe. Margaret Miller did not attend as it would put in jeopardy- quorum. Would like that noted in the record. MIXED USE COMMERCIAL DISTRICT Chairman Specht reported that the committee met recently and made a draft copy for the mixed use commercial district. We need to look over. Audrey Scholl- Preliminary steps to establish businesses Dave Specht- Conditional use process. Is there a fee for conditional use? William Bruce Yes. Is there a permit fee for permits? William Bruce Yes Specify MVP land only. Question restaurants/ Café without liquor licenses A thru H – things in the structure. Dave Specht- Permitted Uses – could expand. Jim Collis- If meet requirements what is the difference. 15% expansion is allowed. William Curran Commercial everything is Conditional Use. Audrey Scholl – talking what is there or Additional Structures? Yes, additional structures. William Bruce – Still have to go through the process. William Curran – If Commercial wants to expand additional space, has a process to go through. Dave Specht – 15% add to conditional use building uses. Basically grandfathered in but changed. If starting guideline, get their comments. Michael Poe- 60,000 square foot addition could get ugly. If goes beyond incubator stage, have to handle then. Get wording for incubator in. Dave Specht- Just go back to the business part., not incubator now, used as business. If opportunity to manufacture rocket fuel capabilities- would want conditional use. Roger Bean- Talking yourselves out of the free pass. Need to know why different. Dave Specht- Mixed Use- commercial, light manufacturing, light industry- already mixed businesses. Inexpensive space available. Hugh amount of land available. Potential for .. what? Total Acres Jim Collis- looks like about 65 acres. Suggest next agenda.. write- re-write. William Curran- Page 2 administration- encourage to get permits. Tenant landlord, penalty if not. Dave Specht- every six month notify the Town of what is there. FENCE ORDINANCE William Bruce reported that the original fence ordinance drafted is 45 pages. Need to know if want to go forward or incorporate into the zoning ordinance. William Bruce feels easier to enforce and more ability to control.. William Curran will be picking apart the Zoning Ordinance and making break out ordinances. William Bruce would not be as comprehensive in the zoning ordinance and harder to modify. Dave Specht- how many pages. William Bruce 3 ˝ pages. Margaret Miller- draft ordinance? William Bruce – yes. Dave Specht- reopen the council and come up with a plan. William Curran-inconsistent to do separate ordinance but no legal reason why can’t. William Bruce -we need something we can enforce. William Curran- Beef up definition in 2.11, can incorporate language from 5.01 ( c) Conditional Use. Dave Specht- if incorporating- by definition we are regulating structures. Roger Bean- What is best approach- pick one and move on, I think inside the Zoning Ordinance. Michael Poe- so do I. Paul Merk- question is enforcing. Dave Specht- I will work with Bill Bruce on this. Put on Next month’s agenda, PUBLIC COMMENT- Pat Pavloski- looking over the landscape ordinance- it would shut down our operation. Question Paul Merk if that is his intention Paul Merk- No, Brad Pavloski- to restrict us? Paul Merk- No- these are guidelines not ordinances. My opinion is to look forward for the town. William Curran- the Board Members do not answer during Public Comment. Public comment is just that. The Board is only allowed to address what is on the agenda. Dave Specht- October meeting date- discuss- Thursday following the Tuesday Board meeting October 15, 2009 5:30 p.. Motion to adjourn was made by Jim Collis. Second Margaret Miller. Motion carried. Respectfully Submitted, Marion L. Uphoff Assistant Clerk/ Treasurer