PLAN COMMISSION MEETING Monday, September 10, 2018 at …

PLAN COMMISSION MEETING

Monday, September 10, 2018 at 4:30 p.m. Council Chambers in the Municipal Building

AGENDA:

1) 201 Mary Street – Keith Ott – Fence Variance Request 2) County Road E – Karen Mueller – Township Preliminary CSM 3) 426 S. Montgomery Street – PUD Conceptual Plan 4) Amend Chapter 550 - Front Fence Height – Review PH Comments from 09/04/2018 Council

Meeting 5) Amend Chapter 550 - Marquee Signs – Review PH Comments from 09/04/2018 Council

Meeting 6) Site Plan Review Minutes – August 27, 2018 7) Plan Commission Minutes – August 27, 2018

Fence Variance – 201 Mary Street Background: Keith Ott is proposing to install a 4 foot chain link fence into the front yard portion of his parcel. The parcel is a corner lot. Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. Per Section 550-123E(3)(a):

Maximum height. The maximum height of any fence, landscape wall or decorative post shall be the following:

(a) Fences in excess of 36 inches tall shall not be permitted within a front yard setback nor in any location in a front yard that is closer to the street than the building;

2. Per Section 550-123E(2)(a):

On all properties, no fence, landscape wall or decorative post shall be located closer than two feet to the front yard or street yard property line. Fences may be located on any property line abutting a side or year yard. The property owner is responsible for finding and exposing or establishing through a survey that corner location (property/lot stakes).

Options: These are the following options, but not limited to, for the Plan Commission based on the information received by the City of Watertown Zoning Administrator:

1. Deny the Fence Variance 2. Approve the Fence Variance without conditions 3. Approve the Fence Variance with conditions identified by the Plan Commission

Extraterritorial CSM – County Road E Background: Karen and Richard Mueller are looking to create a new 1 acre lot from a 5.56 acre parent parcel. The proposed use is residential. Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. County Road E is identified in the 2009 City of Watertown Comprehensive Plan as having an expanded right-of-way, this means that the right-of-way should be 120 feet (60 feet from centerline).

a. The Preliminary CSM does not properly indicates the correct right-of-way dedication.

2. Airport Approach Protection Zone elevation limits development on Lot 1 to 968 feet

above mean sea level. The City of Watertown is looking to maintain the proper height restrictions within the Airport Approach Protection Zone under Wisconsin Statute Section 114.136(1)(a) which states:

POWERS OF MUNICIPALITIES. (a) Any county, city, village or town that is the owner of a site for an airport or spaceport which has been approved for such purpose by the appropriate agencies of the state and the federal government may protect the aerial approaches to such site by ordinance regulating, restricting and determining the use, location, height, number of stories and size of buildings and structures and object of natural growth in the vicinity of such site and may divide the territory to be protected into several areas and impose different regulations and restrictions with respect to each area. The provisions of such ordinance shall be effective whether the site and the lands affected by such ordinance are located within or without the limits of such county, city, village or town, and whether or not such buildings, structures and object of natural growth are in existence on the effective date of the ordinance. Such regulations, restrictions and determinations are declared to be for the purpose of promoting the public safety, welfare and convenience, and may be adopted, enforced and administrated without the consent of any other governing body. Any ordinance adopted under this section may be amended from time to time in the same manner as is provided for the adoption of the original ordinance in sub. (2). The authority granted in this section shall be independent and exclusive of any other authority granted in the statutes.

a. The CSM should State:

Note: Lot 1 has an Airport Approach Protection Zone elevation limit of 968 feet above mean sea level for all building, structures and object of natural growth; whether or not such buildings, structures and object of natural growth are in existence.


1. Denial of the Preliminary CSM 2. Approval of the Preliminary CSM without conditions 3. Approval of the Preliminary CSM with conditions, as identified by the Plan

Commission: a. Note: Lot 1 has an Airport Approach Protection Zone elevation limit of 968

feet above mean sea level for all building, structures and object of natural growth; whether or not such buildings, structures and object of natural growth are in existence.

b. Right-of-way dedication of 60 feet from centerline

Planned Unit Development Conceptual Plan – 426 South Montgomery Street

Background: Lori Holland (Rock River Gymnastics) is proposing to relocate her business from 1202 Wakoka Street to 426 South Montgomery. 426 South Montgomery Street is currently zoned General Industrial (GI). Rock River Gymnastics falls under indoor commercial entertainment land use, which is not allowed in General Industrial Zoning Districts. To facilitate Rock River Gymnastics, while allowing other industrial business located at 426 South Montgomery Street to continue use, the best zoning option is a Planned Unit Development. Which would allow for mixed use. Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. Allowed principal use for General Industrial Zoning District, under Section 550-36B:

List of allowable principal land uses.

(1) Principal land uses permitted by right: (a) Cultivation. (b) Selective cutting. (c) Passive outdoor public recreation. (d) Public services and utilities. (e) Office. (f) Indoor maintenance service. (g) Indoor storage or wholesaling. (h) Off-site parking lot. (i) Distribution center. (j) Light industrial.

(2) Principal land uses permitted as conditional use:

(a) Clear-cutting. (b) Group day-care center (nine or more children). (c) Vehicle repair and maintenance. (d) Outdoor storage or wholesaling. (e) Personal storage facility. (f) Airport/heliport. (g) Freight terminal. (h) Communication tower. (i) Sexually oriented land use.

2. Gymnastic training studios fall under Indoor Commercial Entertainment land use,

defined under Section 550-52H:

Indoor commercial entertainment. Description: Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial

arts, etc.), small-scale alcoholic beverage production, bowling alleys, arcades, roller rinks, and pool halls.

(1) Regulations: (a) If located on the same side of the building as abutting residentially

zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

(b) Facility shall provide bufferyard with minimum opacity of 0.60 along all

borders of the property abutting residentially zoned property (see § 550-99).

(2) Parking requirements. One space per every three patron seats or lockers

(whichever is greater) or one space per three persons at the maximum capacity of the establishment (whichever is greater).

3. The Zoning Administrator is asking the Plan Commissioners to allow both the

General Development Plan & Project Implementation Plan to move through all at once. Typically the General Development Plan & Project Implementation Plan are separate steps in the Planned Unit Development process.


1. No action is necessary

Review & Recommendation – Zoning Code Amendment – Section 550-

123E(3)(a): Maximum Height for Fencing Standards

Background: The Plan Commission has seen a copious amount of fence variances requests in 2018. The primary issue in these request has been the maximum height standard for front yards and street side yards is set at 36 inches. Most of these variance request have asked for 48 inches, which seems to be the ideal height for retaining pets within a fenced yard. It has been request by the Plan Commission to review the change in maximum height for front yards and street side yards from 36 inches to 48 inches. Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. Currently how Section 550-123E(3)(a) reads:


(b) Fences in excess of 36 inches tall shall not be permitted within a front yard setback nor in any location in a front yard that is closer to the street than the building;

2. Proposed Amendment to 550-123E(3)(a):


(c) Fences in excess of 36 48 inches tall shall not be permitted within a front yard setback nor in any location in a front yard that is closer to the street than the building;

3. No comment was made at the public hearing during the September 4, 2018

Common Council meeting Options: These are the following options, but not limited to, for the Plan Commission based on the information received by the City of Watertown Zoning Administrator:

1. Negative recommendation of the ordinance 2. Positive recommendation of the ordinance

Review & Recommend – Zoning Code Amendment – Section 550-134C(1)(b): Central Business Zoning District Signs

Background: See attached May 16, 2018 Historic Preservation & Downtown Design Commission Minutes (Item #10). Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. Currently how Section 550-134C(1)(b) currently reads:

For GB Zoning District: [1] Permitted sign type: on-building (wall or awning) sign.

[a] Maximum permitted number per lot: four on-building signs per each business fronting on that wall, for each exposed side of the principal use building not directly adjacent to a residentially zoned property.

[b] Maximum permitted area per sign: one square foot of signage for every linear foot of exposed exterior wall length on that supporting wall.

[2] Permitted sign type: freestanding (monument or pylon) sign.

[a] Maximum permitted number per lot: one freestanding sign per lot, for any lot containing more than four public parking spaces.

[b] Maximum permitted area per sign: one square foot of signage for every foot of the adjacent public street frontage selected for the lot — up to a maximum sign area of 200 square feet for all combined sign faces.

[c] Maximum permitted sign height: 25 feet in the GB District. [d] Minimum permitted sign setback: 12 feet or equal to or greater than sign height,

whichever is greater.

2. Proposed Amendment to Section 550-134C(1)(b):

For GB Zoning District:

[1] Permitted sign type: on-building (wall or awning) sign. [a] Maximum permitted number per lot: four on-building signs per each business fronting

on that wall, for each exposed side of the principal use building not directly adjacent to a residentially zoned property.

[b] Maximum permitted area per sign: one square foot of signage for every linear foot of exposed exterior wall length on that supporting wall.

[2] Permitted sign type: freestanding (monument or pylon) sign.

[a] Maximum permitted number per lot: one freestanding sign per lot, for any lot containing more than four public parking spaces.

[b] Maximum permitted area per sign: one square foot of signage for every foot of the adjacent public street frontage selected for the lot — up to a maximum sign area of 200 square feet for all combined sign faces.

[c] Maximum permitted sign height: 25 feet in the GB District. [d] Minimum permitted sign setback: 12 feet or equal to or greater than sign height,

whichever is greater. [3] Permitted sign type: marquee sign

[a] All marquee signs shall require a Conditional Use Permit

[b} All marquee signs shall be restored to their original appearance and dimensions based on historic photos and any other documentation.

[c] Marqee signs may have lighting restored to their original appearance and dimensions based on historic photos and any other documentation.

[d] Marquee signs shall only be permitted on structures with evidence, historic photos and any other documentation, of a prior marquee sign.

3. Amend Section 550-130J(3) as follows:

All internally illuminated signs, plastic or otherwise, are strictly prohibited within a historic district.

(a) Except Marquee Signs defined under Section 550-131B(3), and comply with Section 550-134C(1)(b)[3]

4. Marquee Signs are defined under Section 550-131B(3):

Marquee sign. A type of projecting, on-building sign [see Subsection B(6) below] sheltering the entrance and/or entrance approaches of a theater, auditorium, fairground, museum or other use, which advertises present and scheduled events.

5. No comment was made at the public hearing during the September 4, 2018

Common Council meeting Options: These are the following options, but not limited to, for the Plan Commission based on the information received by the City of Watertown Zoning Administrator:

1. Negative recommendation of the ordinance 2. Positive recommendation of the ordinance

SITE PLAN REVIEW COMMITTEE August 27, 2018

The Site Plan Review Committee met on the above date at 1:30 P.M. in Room 2044 of the Municipal Building. The following members were present: Jacob Maas, Andrew Beyer, Jaynellen Holloway, Curt Kleppin, Tim Gordon, Randy Franks, Doug Zwieg, and Mayor John David. Also in attendance were Nikki Zimmerman, Emily Rivera and Timothy Koel of MillerCoors, and Jake Frey of Symbiont. Chairperson Jacob Maas called the meeting to order. 1. 1224 American Way – MillerCoors, LLC – Building Addition

Jake Frey of Symbiont stated that MillerCoors, LLC is proposing a 300 square foot, two-story addition to the southwest side of the existing structure. The exterior of the building will match the existing exterior. There will also be a fire protection system added which will match up with the existing fire protection system. Exterior lighting will match existing LED lighting. The following was discussed: Fire Department: Ensure that the current system can handle the addition.

Street Department: Erosion control must be in place throughout the construction period.

Engineering Department: Be sure to reach out to Pete Hartz of the Water/Wastewater

Department to verify compliance. Zoning Department: To adhere to City code, add compliant landscaping. Motion to approve this project as submitted was made by Mayor David and seconded by Curt Kleppin. Unanimously approved.

2. Site Plan Review Minutes – June 25, 2018 & July 23, 2018 Motion was made by Mayor David, seconded by Doug Zwieg, to approve the minutes as submitted.

Unanimously approved. There being no further business to come before this committee, motion was made by Doug Zwieg and seconded by Mayor David to adjourn. So ordered.

Respectfully submitted,

Nikki Zimmerman, Secretary

NOTE: These minutes are uncorrected and any corrections made thereto will be noted in the proceedings at which these minutes are approved.

PLAN COMMISSION MEETING Minutes August 27, 2018 Meeting was called to order at 4:31 PM by Mayor David, in attendance Augie Tietz, Steve Broad, Sherry Cira, Rick Tortomasi, Jaynellen Holloway. Absent Tony Arnett, Also present Jacob Mass

1) Review & Recommendation – Zoning Code Amendment – Section 550-56: Accessary Uses

The City of Watertown Building, Safety & Zoning Department became aware of short-terms rentals within the Watertown community in 2017. The Building, Safety & Zoning Department has drafted language that covers three areas of concern for rentals: 1.) Short-Term Rentals; 2.) Tourist Rooming Houses; and 3.) Accessory Dwelling Units. Actions:

1) Public Hearing at the August 21, 2018 Common Council Meeting. No comments were made.

2) Finance Committee August 27 for approval of Section 76-11 amendment. 3) The City of Watertown Tourism Commission reviewed the gave a positive

recommendation. Motion: by Steve, second by Augie for Positive recommendation of Zoning Code Amendment Section 550-56: Accessory Uses. Additions and changes listed. Amendment to Chapter 76 Article II, Finance and Taxation: Room Tax Under Section 76-11: Enactment. Pursuant to § 66.0615, Wis. Stats., a room tax is hereby imposed on the privilege of furnishing, at retail, rooms or lodging to transients by hotel keepers, motel operators, bed-and-breakfast operators, lodging marketplace, owners of short-term rentals or tourist rooming houses and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. In this article, "hotel," "motel" and "transient" have the meaning set forth in § 77.52(2)(a)(1), Wis. Stats. Any tax so imposed shall not be subject to the selective sales tax as provided in Ch. 77, Wis. Stats.

Amendment to Definitions under Section 550-15

“Accessory dwelling unit” See § 550-56AA “Lodging marketplace” See Wisconsin State Statute 66.0615(1)(bs) “Short-Term Rental” See § 550-56Y “Tourist or Transient” A person who travels to a location away from his or her permanent address regardless if the tourist or transient is there for the season, the month, a week, a day or less. “Tourist Rooming House” See § 550-56Z

Amendments to Accessory Land Uses under Section 550-56

550-56Y Short-Term Rental means residential dwelling that is offered for rent for a fee to tourist or transients for fewer than 29 consecutive days. Short-term rental does not include bed & breakfast establishments. Purpose: The following Short Term Rental land use establishes zoning and licensing regulations created to ensure applicable State and City Laws are followed, to protect persons engaged in this practice as landlord or tenant; to protect against adverse impacts of noise, odor, disturbance, adverse visual impacts, or other nuisances, that this practice could have upon neighboring properties; to preserve property values for the benefit of the City; and also to control impacts of such operations on municipal services

(1) Regulations. (a) Any person who maintains, manages, or operates a short-term rental must:

[1] Obtain from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its agent the City of Watertown Health Department, under § 319-21, a license as a tourist rooming house.

[a] Under a tourist rooming house license, an operator may rent as many as 4 units, including, but not limited to rooms, cottages or cabins. A hotel license is needed if 5 or more units are being rented.

(b) Short-term rentals must comply with General Code Chapter 76, Article II: Finance and Taxation, Room Tax, except:

[1] Short-term rentals that are rented through a lodging marketplace must comply with Wisconsin State Statute 66.0615(5)

(c) All refuse containers shall be screened from view (d) Sleeping quarters related to a short-term rental establishment use shall only

be located within the principal structure on the parcel. Accessory buildings, accessory dwelling units, recreational vehicles or recreational trailers cannot be used for sleeping quarters.

[1] Recreational vehicles or recreational trailers must be parked off street and parked on the parcel’s paved driveway

(e) Occupancy limits shall not exceed the number of occupants allowed under Wisconsin Administrative Code Section ATCP 72.

(f) Food or liquor shall not be prepared and/or provided by any person who maintains, manages or operates a short-term rental.

(g) The person who maintains, manages or operates a short-term rental may not reside at the short-term rental during occupancy by a tourist or transient.

550-56Z Tourist Rooming House means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourist or transients. “Tourist rooming house” does not include boardinghouses, hotels (commercial indoor lodging) or bed & breakfast establishments.

(1) Regulations. (a) Any person who maintains, manages, or operates a tourist rooming house

must:

[1] Obtain from the Wisconsin Department of Agriculture, Trade and Consumer Protection or its agent the City of Watertown Health Department, under § 319-21, a license as a tourist rooming house.

[a] Under a tourist rooming house license, an operator may rent as many as 4 units, including, but not limited to rooms, cottages or cabins. A hotel license is needed if 5 or more units are being rented.

(b) A tourist rooming house must comply with General Code Chapter 76, Article II: Finance and Taxation, Room Tax, except:

[1] A tourist rooming house that are rented through a lodging marketplace must comply with Wisconsin State Statute 66.0615(5)

(c) All refuse containers shall be screened from view (d) All tourist rooming houses shall be located above the first floor (e) Occupancy limits shall not exceed the number of occupants allowed under

Wisconsin Administrative Code Section ATCP 72. (f) Food or liquor shall not be prepared and/or provided by any person who

maintains, manages or operates a tourist rooming house. 550-56AA Accessory dwelling unit. A dwelling unit that is located on the same lot as a principal residential structure to which it is accessory, and that is subordinate in area to the principal dwelling, not including in-family suite under Section 550-79B. Internal, attached, and detached accessory dwelling units shall be allowed accessory to a principal residential structure, subject to the following:

1) No more than one (1) accessory dwelling unit shall be allowed on a parcel.

2) Rooftop decks shall not be allowed. 3) The minimum gross floor area of accessory

dwelling units shall be three hundred (300) square feet.

4) Under no circumstance shall an accessory dwelling unit’s square footage exceed the first habitable floor of the principal structure

5) An owner of the property must occupy at least one (1) dwelling unit on the parcel as their primary place of residence.

6) Accessory dwelling units shall not be used for short-term rentals under Section 550-56Y

7) Accessory dwelling units that are internal to a principal residential structure shall also comply with the following requirements:

(g) Internal accessory dwelling units are limited to eight hundred (800) square feet. In no case shall the floor area of the internal accessory dwelling unit exceed the floor area of the first floor of the primary structure.

(h) The entire internal accessory dwelling unit shall be located on one level.

(i) The creation of the accessory dwelling unit shall not result in additional entrances facing the public street on the principal structure.

(2) Accessory dwelling units that are attached to a principal residential structure shall also comply with the following requirements:

(a) The maximum floor area for an attached accessory dwelling unit shall be eight hundred (800) square feet.

(b) The creation of the accessory dwelling unit shall not result in additional entrances facing the public street on the primary structure.

(c) Any stairways leading to an upper story of an accessory dwelling unit shall be enclosed.

(d) The primary exterior materials of an attached accessory dwelling unit shall match the primary exterior materials of the

(e) principal structure. Detached accessory dwelling units shall also comply with the following requirements:

(f) A detached accessory dwelling unit shall not exceed the height of the principal residential structure. In no case shall the highest point of the roof of the detached accessory dwelling unit exceed the highest point of the roof of the principal residential structure.

(g) The floor area of a detached accessory dwelling unit shall not exceed one-thousand (1,000) square feet, including any areas designed or intended to be used for the parking of vehicles and any half-story floor area.

[1] Upper story detached accessory dwelling units may be built above an accessory structure, including, but not limited to, a detached garage, so long as the accessory structures footprint does not exceed one-thousand (1,000) square feet.

(h) A detached accessory dwelling shall comply with the required setbacks and maximum building coverage for an accessory structure within that Zoning District.

(i) The distance between the detached accessory dwelling unit and the principal structure shall be a minimum of twelve (12) feet.

(j) Not less than ten (10) percent of the total area of the façade of a detached accessory dwelling unit facing an alley or public street shall be windows.

(k) Exterior stairways shall be allowed, provided that the finish of the railing matches the finish or trim of the detached accessory dwelling unit. Raw or unfinished lumber shall not be permitted on an exterior stairway.

(l) A detached accessory dwelling unit shall be located entirely to the rear of

the principal residential structure.

Amendments to Chapter 550, Article II: Establishment of Zoning Districts Single-Family Residential (SR-4), amend Sections 550-24C(1) & 550-24C(2):

1) Accessory land uses permitted by right: (l) Short-term rental.

2) Accessory land uses permitted as conditional use: (b) Accessory dwelling unit

Two-Family Residential (TR-6), amend Sections 550-25C(1) & 550-25C(2)

(1) Accessory land uses permitted by right: (l) Short-term rental.

(2) Accessory land uses permitted as conditional use: (b) Accessory dwelling unit

Neighborhood Business (NB), amend Section 550-31C(1):

(1) Accessory land uses permitted by right:

(q) Tourist rooming house.

General Business (GB), amend Section 550-33C(1): (1) Accessory land uses permitted by right:

(l) Tourist rooming house. Central Business (CB), amend Section 550-34C(1):

(2) Accessory land uses permitted by right: (m) Tourist rooming house.

3) Approve meeting minuets of August 13, 2018 Motion: by Augie, second by Sherry to approve Motion passed Unanimously.

4) Motion to adjourn by Steve second by Mayor David Motion passed Unanimously. Meeting closed at 4:33 PM

Minuets submitted by Rick Tortomasi unapproved

Documents

PLAN COMMISSION MEETING Monday, September 10, 2018 at …