Special Plan Commission 1293 Washington Ave, Cedarburg Date/Time: November 6, 2013 / 6:45PM Posted: November 1, 2013

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1 Meeting: Special Plan Commission Place: 1293 Washington Ave, Cedarburg Date/Time: November 6, 2013 / 6:45PM Web Page: Posted: November 1, 2013 Chairman Dave Valentine Town Administrator Jim Culotta Plan Commissioner Rick Goeckner Town Attorney Brad Hoeft Plan Commissioner Ralph Luedtke Director of Public Works Adam Monticelli Plan Commissioner Dan Wundrock Town Clerk Debra Otto Plan Commissioner Joe Rintelman Town Treasurer Charles Pretty Plan Commissioner Paul Waldo Deputy Town Clerk Bonnie Erickson Plan Commissioner Edward Downey Assistant Administrator Eric Ryer 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE 2. MINUTES OF PREVIOUS MEETINGS a. Approval of October 16, 2013 Plan Commission Meeting Minutes* 3. PUBLIC HEARING a. None 4. OLD BUSINESS a. None 5. NEW BUSINESS a. Discussion and possible recommendation on proposed Ordinance to amend Chapter 320: Zoning, of the Town of Cedarburg Code of Ordinances regarding allowing self-storage facilities as a conditional use in the B-1, B-2, B-3 and/or M-2 districts* 6. ADJOURNMENT *At the Plan Commission s discretion, the Commission may take comment from the public Note: A quorum of Town Board of Supervisors may be present at this meeting for the purpose of gathering information and possible discussion on items listed on this agenda. However, unless otherwise noted in this agenda, no official action by the Town Board will be taken at this meeting.

2 TOWN OF CEDARBURG PLAN COMMISSION MINUTES October 16, 2013 TOWN OF CEDARBURG PLAN COMMISSION MEETING MINUTES October 16, 2013 Present: Excused: Also Present: Chairman David Valentine, Ralph Luedtke, Joe Rintelman, Edward Downey, Dan Wundrock, Paul Waldo Rick Goeckner Jim Culotta, Town Administrator, Brad Hoeft, Town Attorney, Eric Ryer, Assistant Administrator 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE Chairman Valentine called the meeting to order at 7:00 pm. The meeting began with the Pledge of Allegiance. 2. MINUTES OF PREVIOUS MEETING: Commissioner Luedtke moved and Commissioner Rintelman seconded a motion to approve the minutes of the meeting on September 18, The motion carried unanimously. 3. PUBLIC HEARING a. None 4. OLD BUSINESS a. Discussion and possible recommendation on a conditional use permit application by AT&T to construct a 150 foot tall telecommunications monopole and associated equipment shelter within a 50' x 50' lease area located at 9863 Sherman Road [Owner: Robert Witte, zoned A-1 Agricultural, 40 acres, NE ¼ Section 29]* This item was tabled at the September 18 th Plan Commission meeting and continues tonight. John Fuchs, an attorney with the firm Fuchs & Boyle and a representative of Greg & Heidi Borca, felt that the Town has the power to commission a study on colocation. Attorney Fuchs noted the Borca s would no longer challenge the health and aesthetic concerns related to the proposed project, but would like an independent colocation study performed, and would be willing to pay for such a study. He asked that the Commission delay one more month and allow for the study be commissioned. Claude Krawczyk, an attorney with the firm O Neil, Cannon, Hollman, DeJong & Laing and a representative of AT&T, noted he sent the Town several letters since the September meeting. Attorney Krawczyk felt the AT&T application was complete, and noted he supplied a copy of the lease to the Town today that was to be held in confidentiality. Attorney Krawczyk noted he also sent a letter from Dean Hoss, Engineer for AT&T, referencing frequencies and how the tower would not interfere with neighboring properties, exposure standards, as well as an exhibit that shows all existing communications facilities within a two-mile radius. Attorney Krawczyk explained AT&T analyzed other local towers and felt those towers would not meet their coverage objectives; they would consider colocation if there was a facility available that would meet their coverage objectives. Nate Meyer of PBM Wireless, a representative of AT&T, said his team was unaware of State Statute when they were searching for the site and were planning on following the existing Town ordinance regulating telecommunications facilities. Gus Wirth felt additional effort could be made to research if other companies would be interested in constructing a new tower jointly. Mr. Wirth also suggested the signal be distributed to avoid the property located at Sherman Road as best as possible. 1

3 TOWN OF CEDARBURG PLAN COMMISSION MINUTES October 16, 2013 Attorney Krawczyk said AT&T is not very familiar with companies jointly constructing new towers, but did feel that once other providers see a new tower erected, it is likely they will attempt to colocate to provide better coverage for their customers. Speaking to signal strength, he noted AT&T is held to Federal requirements, and that the signal of the proposed tower is not planned to directly face the Borca house. Attorney Fuchs explained that colocation was not originally thought possible back in the early times of cellular towers; now it is encouraged and often occurs. Attorney Fuchs also suggested studying alternative sites including the neighboring conservancy. Chairman Valentine and Attorney Hoeft noted the Town ordinance is in large part preempted by state law. Attorney Hoeft noted the application was received on August 26 th, and that proper review procedure is Wisconsin State Statute , and not Town Code. Attorney Hoeft felt the application was complete per WI State Statute at the time of submission on August 26 th. He continued that the 90 day review timeframe is enforced here unless the applicant asks for an extension. If the Plan Commission were to not make a recommendation on the matter, the Town Board could consider the application without a Plan Commission recommendation. Attorney Hoeft noted the Town cannot deny an application based on colocation or aesthetics considerations. The Town is also kept from passing ordinances against locating towers in any specific district, including residential districts. Chairman Valentine questioned if the Town can issue a conditional use permit seeing Town ordinance is preempted by state law. Attorney Hoeft said certain portions of the Town ordinance are applicable, and that AT&T has shown a good faith effort in meeting standards in the Town ordinance. Commissioner Downey asked if multiple poles would be needed for adequate coverage in the area. Attorney Krawczyk said AT&T may come back for additional facilities in the future, but are unsure when this would occur. Commissioner Downey asked if further study had been done to determine future tower locations. Attorney Krawczyk suggested that the Town could have as many as 16 towers in the future. Commissioner Luedtke questioned what has been the outcome of health studies related to such towers. Attorney Krawczyk said there have been many studies showing a wide array of results. He noted Congress studied this issue and drafted the Federal Communications Act as a result. Attorney Krawczyk felt there was no evidence to show a negative health effect. Attorney Hoeft noted that State Statute contains a limitation that municipalities cannot require environmental testing, sampling, or monitoring requirements or other compliance measures for radio frequency emissions. Commissioner Rintelman stated his frustration that the state legislature has taken away local control over these facilities. Following his comment, Commissioner Rintelman moved the Plan Commission recommend the Town Board approve the proposed conditional use permit application by AT&T to construct a 150 foot tall telecommunications monopole and associated equipment shelter within a 50' x 50' lease area located at 9863 Sherman Road. Commissioner Luedtke seconded. Attorney Hoeft then noted the conditions found within the draft conditional use permit that reference Plan Commission consideration dates should include September 18 th in addition to October 16 th. Commissioner Rintelman confirmed that was part of his motion, as well as that the motion considered the Plan Commission must find all of the following conditions present in their motion when considering the conditional use permit: 2

4 TOWN OF CEDARBURG PLAN COMMISSION MINUTES October 16, 2013 (1) Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. (2) Compatible with adjacent land. The uses, values and enjoyment of other Town property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use. (3) Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Town property for uses permitted in the district. (4) Adequate infrastructure. Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided. (5) Ingress and egress. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. (6) Conform to zoning district regulations. The conditional use application shall conform to all applicable regulations of the district in which it is located. Commissioner Luedtke seconded the amended motion, and the motion passed on a 5-1 vote with Commissioner Downey opposed. Commissioner Rintelman then moved to take item 4b after item 5c, and take item 5a next. Commissioner Waldo seconded, and the motion passed unanimously. The Commission then moved to item 5a. b. Discussion and possible direction on design guidelines The Plan Commission previously discussed this topic at their August and September meetings. Staff prepared draft design guidelines for the Plan Commission for multi-family residential and senior care facilities to gather input from the Commission. Staff noted Assessor Mike Grota provided input indicating landscaping and historical design amenities such as porches and decks could be very beneficial in the guidelines. The Commission was in favor of the proposed draft and noted that previous work including non-binding design guidelines were incorporated into this document. The Commission then directed staff to move forward with the same format addressing business and industrial properties for the November meeting. The Commission then moved to item NEW BUSINESS a. Discussion and possible direction to Chris Hitler regarding a concept plan for a storage facility for the property with tax key [Petitioner: Chris Hitler, 2.2 acres, B-3, NE NW ¼ of Section 22]* Chris Hitler has submitted concept materials for a new self-storage facility that would be located west of Riteway Bus and east of Cedar Crest Ice Cream on a currently unimproved parcel. Mr. Hitler already operates 5 Corners Storage located at 7209 Sycamore Drive. Chairman Valentine suggested the Town take Attorney Hoeft s advice and consider amending the Town Code to allow for self-storage as a conditional use in the B-3 district; this use is not currently listed as a principal or conditional use in the B-3 district. Chairman Valentine also pointed out that the wetlands on the property should be carefully considered when moving forward with site planning. Commissioner Waldo asked if the buildings would be single story; Mr. Hitler confirmed they would be single story. 3

5 TOWN OF CEDARBURG PLAN COMMISSION MINUTES October 16, 2013 Chairman Valentine pointed out the recently approved electronic sign ordinance has restrictions Mr. Hitler should be aware of when designing his proposed electronic sign. Administrator Culotta noted that phone number and website would require sign variances. Chairman Valentine complimented the entrance and landscaping as proposed. Commissioner Waldo questioned if the entrance would be secured; Mr. Hitler answered yes. Attorney Hoeft then explained that a change to the Zoning Code requires a class two notice and public hearing at the Town Board level. No action could be taken on a text amendment to the Zoning Code at this time since it was not listed on the meeting agenda. Attorney Hoeft noted that a text amendment can be initiated by a private party, Plan Commission or Town Board. Mr. Hitler was aware of the process and would work with staff moving forward. b. Request from Zoning Board of Appeals to discuss required residential side yard and principal structure setbacks for detached buildings* The Zoning Board of Appeals met on September 25 th and considered two variance applications, both for detached garages on properties on Devonshire Drive. They ultimately granted variances to allow for the garages to be constructed, but requested the Town Board discuss the fact that older subdivisions in Town often contain smaller, narrower lots that are creating problems when property owners wish to construct additional outbuilding space and still meet required setbacks. Chairman Valentine directed staff to have the Plan Commission discuss this request before moving it to the Town Board level. Chairman Valentine felt the existing 25 foot side yard setback helps protect neighbors, and that any flexibility should come from a reduction in the principal structure setback from 20 feet down to 10 feet as required by state statute. Commissioner Rintelman questioned if the Zoning Board intended to have the Plan Commission discuss other setbacks. Asst. Administrator Ryer noted the main concerns the Zoning Board had are side yard and principal structure setbacks; residents are oftentimes looking to construct outbuildings up to 1,000 square feet in the R-2 district and sometimes have lots that narrow as you move toward the rear of the lot, must take into consideration septic systems, and sometimes a slope that drops off behind the home. Chairman Valentine asked Administrator Culotta to thank the Zoning Board of Appeals and notify them that the Commission is initiating a reduction to the required principal structure setback from 20 feet to 10 feet in residential districts. An ordinance would be prepared for the November meeting. c. Discussion on home occupations* Asst. Administrator Ryer explained staff passed along an article to the Plan Commission to foster discussion on home occupations and how they are regulated. The article suggested home occupations be regulated more based on impact than specific use. Commissioner Waldo noticed the current Town ordinance regulating home occupations is a mixture of impact and use based regulations. Commissioner Rintelman thought the Town should allow home occupations in the E-1 district (not currently allowed in that district). Following further discussion, the Commission directed staff to draft an ordinance allowing home occupations in the E-1 district for the November meeting. The Commission then moved to item 4b. 6. ADJOURNMENT Commissioner Waldo moved to adjourn the meeting. Commissioner Wundrock seconded, the motion carried unanimously and the meeting was adjourned at 8:22 p.m. Respectfully Submitted, Eric Ryer Assistant Administrator 4

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