CITY OF CEDARBURG. February 3, 2014

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1 CITY OF CEDARBURG PLAN COMMISSION PLN A regular meeting of the Plan Commission of the City of Cedarburg was held on Monday, at Cedarburg City Hall, W63 N645 Washington Avenue, second floor, Council Chambers. The meeting was called to order at 7:00 p.m. by Mayor Kip Kinzel. Roll Call: Present - Mayor Kip Kinzel, Council Member Paul Radtke, Mark Burgoyne, Brook Brown, Greg Zimmerschied Excused - Also Present - Mark Poellot, Planner Marchek City Attorney Kaye Vance, Administrative Secretary Darla Drumel Mayor Kinzel advised that Pat Thome had been appointed as Council Member for the 6 th District to fill the vacancy created when Doug Yip resigned. Ms. Thome therefore can no longer be a citizen representative on the Plan Commission. An appointment will be made in the near future to fill the vacancy on the Plan Commission. STATEMENT OF PUBLIC NOTICE Administrative Secretary Drumel confirmed that the agenda for the meeting had been posted and distributed in compliance with the Wisconsin Open Meetings Law. ELECTION OF VICE CHAIRPERSON AND SECRETARY Vice Chairperson Commissioner Brown nominated Mark Burgoyne as Vice Chairperson. Council Member Paul Radtke seconded the nomination. Mark Burgoyne accepted the nomination. There were no other nominations. Mark Burgoyne was elected Vice Chairperson without a negative vote, with Commissioner Poellot excused. Secretary Commissioner Brown nominated Council Member Radtke as Secretary. Council Member Radtke accepted the nomination. There were no other nominations. Council Member Radtke was elected Secretary without a negative vote, with Commissioner Poellot excused. COMMENTS AND SUGGESTIONS FROM CITIZENS Mayor Kinzel advised the audience that they may address the Plan Commission at this time or during discussion of an agenda item. No comments or suggestions were offered.

2 PLN APPROVAL OF MINUTES A motion was made by Council Member Radtke, seconded by Mayor Kinzel, to approve the minutes of the November 4, 2013 meeting as presented. The motion carried without a negative vote, with Commissioner Poellot excused. PUBLIC HEARING FOR CONDITIONAL USE PERMIT REQUEST FOR PET GROOMING, PET DAYCARE & PET BOARDING AT N28 W5901 LINCOLN BOULEVARD CATHY REID D/B/A FLYING FUR Mayor Kinzel declared the public hearing open at 7:03 p.m. Administrative Secretary Drumel confirmed that proper legal notice of the public hearing was made. Cathy Reid of Flying Fur Self Serve Dog Wash & Professional Dog Grooming Shoppe has noted that she has outgrown the current facilities at N66 W6364 Cleveland Street. Ms. Reid proposes to relocate to and lease the former physician s office located at N28 W5901 Lincoln Boulevard and expand her operation to include pet day care with overnight boarding. At their meeting of December 9, 2013, the Common Council voted to add Kennels (Commercial) as a Conditional Use in the B-4 Office and Service District, which is defined in Section (b)(158) as: Kennels (Commercial): A use, either indoor or outdoor, in which pets are groomed, boarded, or trained for compensation. Kennels may include facilities that provide services such as pet daycare, overnight boarding, pet training, pet grooming, and sale of pet supplies and accessories. Ms. Reid s proposal included adding small dog boarding inside the building and fencing an approximate 10 x 20 potty area on the west side of the building. The fencing would be an attractive wood privacy fence and employees would accompany a maximum of two to four dogs in that potty area at any one time. The dogs would be out only for the time needed to complete potty duties. The area would be cleaned immediately. Don Voigt, owner of Energenecs to the south, questioned why measurements, colors, materials, etc. that were required when his building was approved are not provided for Flying Fur s proposal. His concerns included the potential of barking dogs disturbing the normally quiet professional area of the City, maintenance of the site, odors, and whether or not pet remains would be incinerated at the site. He was surprised that many of the other businesses along Cardinal Avenue were unaware of the proposal. Mr. Voigt requested that the size of dogs boarded be restricted and everything that can be done to attenuate nuisances. Administrative Secretary Drumel explained that the law requires the City to publish two notices a week apart in the News Graphic, and hard copy notices are mailed to all property owners within 300 feet of the subject site.

3 PLN Kerry Wilger of N30 W6030 Lincoln Boulevard advised that her home is the closest residence to the proposed doggie day care. After seven years in the home, they enjoyed their first quiet summer with the removal of the skate park and fear that barking dogs will interrupt the quiet they now enjoy. Ms. Wilger appreciated that an abandoned building would be put back into use, but questioned whether the use was appropriate in the B-4 District. Ms. Reid responded that currently her business is connected to a restaurant in downtown Cedarburg, with apartments above and a house directly across the street and no complaints have been received. She noted that the windows in the former medical building on Lincoln are such that they cannot be opened. Mayor Kinzel noted that noise is regulated by the City s noise ordinance. This is also a condition of the permit for the dog grooming/boarding proposal. If problems are not corrected, the conditional use permit can be revoked. Ms. Reid advised that regular business hours are 8:00 a.m. to 5:00 p.m., though there are rare instances that pets are dropped off as early as 5:00 a.m. and picked up as late as 10:00 p.m. She would ask that the Conditional Use Permit state hours of operation from 5:00 a.m. to 10:00 p.m. to allow for those infrequent early and late drop-offs and pick-ups. MaryAnn Voigt of Energenecs stated that her and her husband had invested a lot of money in their building, which they purchased in an area they thought would be strictly commercial. She did not believe it was fair to change the B-4 Zoning to allow dog grooming and boarding as those uses belong outside of the City. Ms. Voigt did not believe it made sense to allow the proposed use in that area. Close Public Hearing Council Member Paul Radtke moved to close the public hearing at 7:28 p.m. The motion was seconded by Commissioner Brown and carried without a negative vote, with Commissioner Poellot excused. Council Member Radtke stated that the proposed site for the Flying Fur business was in his district and he understood the concerns of the nearby property owners, but was confident there would be no problems. If there were problems, he would become personally involved. Ms. Reid agreed to a maximum of 25 to 30 lbs for dogs admitted for boarding, but would groom dogs of all sizes. No dogs would be allowed outside without someone being with them. Commissioner Zimmerschied recognized that Cathy Reid s business, Flying Fur, has a good track record and there have been no complaints related to its current location. He felt the owners deserved a chance to show they can run the business professionally.

4 PLN Vice Chairperson Burgoyne reported that in his 25 plus years as a Plan Commissioner, he has seen Conditional Use Permits revoked. This location is on the edge of a business park and noise can be attenuated if necessary. It is worth a chance. Vice Chairperson Burgoyne noted that the Plan Commission would need to approve the location, height, type and color of the privacy fence and would reconsider the Conditional Use Permit if issues arose. Mayor Kinzel directed that All animals supervised in potty area be added to the Conditional Use Permit. A motion was made by Commissioner Zimmerschied to approve the Conditional Use Permit with modifications to the hours of business and that all animals in the potty area are supervised. The motion was seconded by Vice Chairperson Burgoyne and carried without a negative vote, with Commissioner Poellot excused. APPROVE FIFTH SIXTH TIME EXTENSION TO JANUARY 6, 2014 FOR APPROVAL OF SITE AND ARCHITECTURAL PLANS FOR WOODMERE SENIOR CONDOMINIUMS ON GARFIELD STREET DUANE S. STROEBEL JR. Duey Stroebel is requesting another time extension for approval of the site, architectural, landscaping and exterior lighting plans for his 20-unit senior housing development proposed for the vacant site at the northeast corner of Garfield Street and McKinley Boulevard. The Commission approved four previous one-year time extensions in March 2009, January 2010, January 2011, January 2012 and January Plans for the project were initially approved on February 4, Section of the Zoning Code states that if a developer of a PUD project which has been granted site and/or architectural plan approval has not obtained and complied with the provisions of a building permit consistent with said plan approval within one year of the date of the initial approval, the plan approval shall lapse. Upon application, the Plan Commission may renew its approval of the site and/or architectural plan as initially granted or may require changes as deemed appropriate. Mr. Stroebel explained that although there has been some recovery in the single-family market, the market for condominium development continues to be slow. He noted that no one is constructing condos at this time. In response to questions, Mr. Stroebel advised that there would be some surface parking and some garages under living units. A common hallway connects the condos and an elevator would be located in the center. Vice Chairperson Burgoyne stated that the proposed development has been reviewed a number of times and is a fine design that is complementary to the City of Cedarburg. It is only a matter of time before it becomes financially viable to construct.

5 PLN Vice Chairperson Burgoyne moved to approve a one-year time extension on the approvals for the Woodmere Senior condominiums development on Garfield Street as requested. The motion was seconded by Mayor Kinzel. Continued Discussion: Commissioner Brown questioned if this would be the last time an extension would be requested. A precedent is being set, but things change in five years. Neighborhoods change, traffic changes, adjoining sites change. He pointed out that more tall silos had been constructed on the nearby Kemps Dairy site. At some point the project should be put through the review process again. Final The motion carried with Mayor Kinzel, Council Member Radtke, Vice Chairperson Burgoyne and Commissioner Zimmerschied voting in favor, Commissioner Brown voting against, and Commissioner Poellot excused. STATUS REPORT ON TEMPORARY AND PERMANENT PARKING LOTS SERVING ADVANCED TECHNOLOGY INTERNATIONAL AT W60 N171 CARDINAL AVENUE ERIC PFLEGER-ATI/JAMIE KAUFMANN-PROPERTY OWNER The staff report for this meeting noted that on October 7, 2013 the Plan Commission approved a temporary parking lot at the southwest corner of Zeunert Street and Cardinal Avenue with the understanding that a permanent lot would be constructed during Planner Marchek advised that during a conversation with Jamie Kaufmann on December 17, 2013, Mr. Kaufmann indicated that the construction of a permanent parking lot to serve the ATI building will likely be very costly due to the presence of high bedrock on the site. Mr. Kaufmann also indicated that he would not continue to invest any additional funds in the property as his investment so far has been significant. Advanced Technology International (ATI) may have to take responsibility for construction of the new parking lot. Eric Pfleger of ATI confirmed that bedrock had been found 4 inches from the surface. He advised that his company has invested $2.5-$3 million in the building and equipment, and are attempting to work with the landlord on the parking issue. Mr. Pfleger suggested that they may need help from the City to create permanent offstreet parking for ATI employees. The Commissioners reaffirmed their prior position that the property owner has the responsibility to comply with City Codes, which is no different than any other property in Cedarburg. This requires the submittal to the Plan Commission of site, lighting, landscaping and stormwater plans for both the southern parking lot (that was constructed without Plan Commission review) and the proposed permanent lot serving ATI.

6 PLN The Plan Commissioners directed that a letter be drafted to property owner Jamie Kaufmann to urge him and his engineering firm to work closely with City Engineer Tom Wiza to develop approvable plans. CLOSED SESSION Commissioner Brown moved to go into closed session at 8:08 p.m. pursuant to State Statutes 19.85(g) to confer with legal counsel who is rendering oral or written advice concerning strategy with respect to litigation in which the City is or is likely to become involved, more specifically, to discuss Ozaukee County Circuit Court Case No: 13-CV- 0147; Heef Reality and Investments, LLP, et al v. City of Cedarburg Zoning Board of Appeals. The motion was seconded by Mayor Kinzel and carried without a negative vote, with Commissioner Poellot excused. The Plan Commission reconvened to open session at 8:25 p.m. CONSIDER ORDINANCE TO AMEND CERTAIN DEFINITIONS IN THE ZONING CODE RELATING TO DWELLINGS, HOTELS, MOTELS, LODGES, TOURIST ROOMING HOUSES (TRH), AND SIMILAR FACILITIES AND RECOMMENDATION TO COMMON COUNCIL City Attorney Vance advised that the changes to the definitions in Section (b) are being proposed to include Tourist Rooming Houses with hotels, motels and other similar uses. These changes include references to the State Statutes and regulation on which the proposed changes are based. A public hearing on the proposed changes will be held before the Common Council. A motion was made by Mayor Kinzel, seconded by Council Member Radtke, to recommend the Section (b) proposed changes to the Common Council. The motion carried without a negative vote, with Commissioner Poellot excused. CONSIDER ZONING TEXT AMENDMENT TO ADD TOURIST ROOMING HOUSES AS A CONDITIONAL USE IN THE B-3 CENTRAL BUSINESS DISTRICT AND RECOMMENDATION TO COMMON COUNCIL City Attorney Vance explained that the ordinance would permit Tourist Rooming Houses in the B-3 Central Business District as a conditional use. Vice Chairperson Burgoyne moved to recommend the Common Council add Tourist Rooming Houses as a conditional use in the downtown B-3 Central Business District. The motion was seconded by Commissioner Zimmerschied and carried without a negative vote, with Commissioner Poellot excused.

7 PLN MAYOR S ANNOUNCEMENTS If TID No. 3 is an item on the March agenda, the meeting will be held on Thursday, March 13, 2014 so that City Attorney Vance can be present. Otherwise, the meeting will be held at its regular scheduled date of Monday, March 3, ADJOURNMENT A motion was made by Commissioner Brown to adjourn the meeting at 8:35 p.m. The motion was seconded by Council Member Radtke and carried without a negative vote, with Commissioner Poellot excused. Darla Drumel, Administrative Secretary

CITY OF CEDARBURG. May 7, 2018

CITY OF CEDARBURG. May 7, 2018 CITY OF CEDARBURG PLN20180507-1 A regular meeting of the Plan Commission of the City of Cedarburg was held on Monday, at Cedarburg City Hall, W63 N645 Washington Avenue, second floor, Council Chambers.