PLAN COMMISSION MEETING Monday, May 22, 2017 at 4:30 P.M. Council Chambers in the Municipal Building

PLAN COMMISSION MEETING Monday, May 22, 2017 at 4:30 p.m. Council Chambers in the Municipal Building

AGENDA:

1) 209 and 213 S. Seventh Street – Steve Schmidt – Preliminary CSM Review 2) 800-802 Linda Lane – Bob & Judy Kluetzman – Preliminary CSM Review 3) West Side Industrial Park – CSM Review 4) 809 Station Street –Preliminary Review of Rezoning & Set Public Hearing Date 5) Chapter 545, Subdivision Code, Parkland Dedication and Improvement Fees Amendment– Review May 2, 2017 Common Council Public Hearing Comments and Make Recommendation 6) Site Plan Review Minutes – May 8, 2017 7) Plan Commission Minutes – May 8, 2017

209 & 213 South 7th Street Replat

Background: Steven Schmidt owns both parcels, 209 & 213 South Seventh Street. Steven Schmidt is looking to move 209 South Seventh Street’s property line, South, to approximately 3 feet from the principal structure’s chimney on parcel 213 South Seventh Street. The purpose for this is to allow for a sole driveway for 209 South Seventh Street. In 2016, Steven Schmidt moved the accessory structure on 213 South Seventh Street to the South side of the parcel. He also created a driveway accessing the accessory structure on the South side of the parcel. Both parcels are located within Zoning District TR- 6, Two-Family Residential.

Steven Schimdt’s proposed parcels are both substandard lots, any boundary adjustment has to be approved by the Zoning Board of Appeals. Steven Schmidt’s proposed boundary adjustment was approved by the City of Watertown Zoning Board of Appeals on April 25, 2017. Minutes are attached.

Issues: The City of Watertown Zoning Administrator has identified the following issues in regards the provided Plat:

1. Under Section 545-7A(1) it states:

No person, firm or corporation shall divide any land located within the corporate limits of the City of Watertown which shall result in a minor subdivision as defined by this chapter without first filing an application and a certified survey map for approval by the Plan Commission (and the Common Council when dedication of land is involved) and subsequently recording said map with the Dodge or Jefferson County Register of Deeds. The certified survey map shall comply fully with § 236.34, Wis. Stats., and with all applicable requirements of this chapter.

a. A Minor Subdivision under Section 545-40 is defined as:

MINOR SUBDIVISION The division of a lot or parcel of land for the purpose of transfer of ownership or building development where the act of division creates four or fewer parcels, lots or building sites, any one of which is 35 acres or less in area. A minor subdivision of a lot or parcel shall occur not more than once in five years.

b. Mark Powers, Steven Schimdt’s Surveyor, successfully argued under our code that a CSM is not needed, because this is a boundary adjustment of an original plat, not a subdivision of land.

2. In essence making this a replat, which under Section 545-5A(8):

Replats are to be processed in accordance with the provisions of § 236.36, Replats, of the Wisconsin Statutes.

3. Wisconsin Statute 236.36 states:

Replats. Except as provided in s. 70.27 (1), replat of all or any part of a recorded subdivision, if it alters areas dedicated to the public, may not be made or recorded except after proper court action, in the county in which the subdivision is located, has been taken to vacate the original plat or the specific part thereof.

*A recorded subdivision may be replatted under this section without undertaking the court proceedings set forth in ss. 236.40, 236.41, and 236.42 if the replat complies with the requirements of ch. 236 applicable to original plats and does not alter areas dedicated to the public. 58 Atty. Gen. 145.

4. By virtue of the fact that the boundary adjustment is not altering areas dedicated to the public, it can skip the court proceedings set forth in § 236.40, 236.41, and 236.42.

5. Airport Approach Protection Zone elevation limits development on the Replat 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 replat should state:

i. Note: There is 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.

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 Plat of Survey 2. Approve the Plat of Survey without conditions. 3. Approve the Plat of Survey with conditions identified by the Plan Commission:

a. Note: There is 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.

Zoning Board of Appeals April 25, 2017

The Zoning Board of Appeals met on the above date at 5:00 p.m. in Room 2044 of the Municipal Building with the following members present: Jim Freres, Steve Jones and Paul Dettman. Also in attendance were Zoning Administrator Jacob Maas, and Steven Schmidt

Chairman Freres called the meeting to order.

1. Case #1-17 – 209/213 S. Seventh Street – Steven Schmidt Chairman Freres opened the public hearing for comment. There being none, the public hearing was closed for comment. Owner Steven Schmidt was present to explain his request. In the process of attempting to sell the properties, he took a permit out in 2016 to change the location of the driveway and moved the garage to line up with the driveway. He now wants to have 209 S. Seventh Street own the driveway and have the property line for 209 S. Seventh Street align three (3) feet away from the house.

Jacob Maas explained these properties are both considered substandard lots per City of Watertown Code and were grandfathered in to the present City of Watertown Zoning Code. Per the code on substandard lots, anything new done to the subject properties would be considered “new development” and therefore must meet present code. Present code for properties zoned TR-6, Two-Family Residential, states minimal lot width would be 85 feet; setbacks for a house would be 8 feet from the property line or 10% lot width; minimum lot area is 9,000 square feet. A variance for all three of these items would be required for the property owner to obtain from the Zoning Board of Appeals.

If approved by the Zoning Board of Appeals, a new survey would have to be completed by the owner to document the new lot line and the Preliminary CSM would have to be brought before the City of Watertown Plan Commission for approval.

The Zoning Board of Appeals also discussed that the new property line on the north side of 213 S. Seventh Street should be measured beginning at the chimney instead of the wall of the house since the chimney sticks out further. Should the chimney be removed, measurements could begin against the wall of the house instead.

There was also discussion on removing the concrete driveway 3 feet away from the property line instead of leaving it as one large piece of concrete, to better delineate the property line. The Zoning Board of Appeals adjourned the meeting from its present location and reconvened at 209/213 S. Seventh Street. The members discussed this item and decided this is an item which the City should not regulate.

A motion was made and seconded to grant the variance, as described above, from City of Watertown Code Sections 550-84, Substandard Lot Regulations; 550-25F(2)(b), TR-6 Residential Bulk Requirements; and 550-77, Nonconforming Development Regulations with the following condition:

1) The new property line will be measured beginning at the chimney instead of the wall of the house since the chimney sticks out further. Should the chimney be removed, measurements could begin against the wall of the house instead.

Motion unanimously passed.

There being no further business to come before this Board, motion was made and seconded to adjourn. So ordered.

Respectfully submitted,

Jacob Maas Zoning Administrator

Any person or persons, jointly or severally aggrieved by any decision of the board of appeals, or any taxpayer, or any officer, department, board or bureau of the municipality, may, within 30 days after the filing of the decision in the office of the board of appeals, commence an action seeking the remedy available by certiorari. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the board of appeals and on due cause shown, grant a restraining order. The board of appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.

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

800 – 802 Linda Lane Preliminary CSM

Background: Bob and Judy Kluetzman are looking to combine two lots, 800 and 802 Linda Lane, into a single lot. The new lot will be 23,817 square feet. The two lots are zoned SR-4, single-family residential.

Issues: The City of Watertown Zoning Administrator has identified the following issues in regards the provided preliminary CSM:

1. 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:

a. The CSM should State:

i. 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.

2. The Perry Way house setback should state 25 feet, instead of 14 feet. Per Section 550- 24F(2)(d)(1):

Front or street side lot line to house: 25 feet, 40 feet for a lot adjacent to a street with an officially mapped right-of-way equal to or exceeding 100 feet.

3. Perry Way and Linda Lane are both identified in the 2009 City of Watertown Comprehensive Plan as not having an expanded right-of-way, this means that the right-of-way should be 66 feet (33 feet from centerline) a. The Preliminary CSM is properly identifies the correct right-of-way widths.

4. Engineering is looking into the Utility Easement.

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 preliminary CSM 2. Approve the preliminary CSM without conditions. 3. Approve the preliminary CSM with conditions 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. The house setback along Perry Way should be 25 feet

c. Any condition identified by Engineering

West Side Industrial Park Preliminary CSM

Background: The City of Watertown is looking to combing two lots, 421 East Horseshoe Road and 1112 West Street, to create 2 new lots. Lot 1 will be 30.683 acres, while Lot 2 will be 0.849 acres.

Issues: The City of Watertown Zoning Administrator has identified the following issues in regards the provided preliminary CSM:

1. Airport Approach Protection Zone elevation limits development on Lot 1 and Lot 2 to 975 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:

a. The CSM should State:

i. Note: Lot 1 and Lot 2 have an Airport Approach Protection Zone elevation limit of 975 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.

2. West Street/C.T.H. T 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 should dedicate a 120 feet (60 feet from centerline) right-of-way for West Street/C.T.H. T

3. East Horseshoe Road 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 100 feet (50 feet from centerline) a. The Preliminary CSM should dedicate a 100 feet (50 feet from centerline) right-of-way for East Horseshoe Road

4. Endres Lane is identified in the 2009 City of Watertown Comprehensive Plan as not having an expanded right-of-way; this means that the right-of-way should be 66 feet (33 feet from centerline). a. The Preliminary CSM is correctly identifies the minimum right-of-way width

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 preliminary CSM 2. Approve the preliminary CSM without conditions. 3. Approve the preliminary CSM with conditions identified by the Plan Commission: a. Note: Lot 1 and Lot 2 have an Airport Approach Protection Zone elevation limit of 975 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. West Street/C.T.H. T has a 120 feet (60 feet from the centerline) right-of-way dedication

c. East Horseshoe Road has a 100 feet (50 feet from the centerline) right-of-way dedication

TOTAL AREA 31.532 ACRES 1,373,541 SQ. FT.

Δ CERTIFIED SURVEY MAP

BEING A REDIVISION OF LOT 1 & LOT 2, CERTIFIED SURVEY MAP NO. 5408, LOCATED IN A PART

OF THE SOUTHWEST 1/4 AND SOUTHEAST 1/4 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 8 ______PAGE ______VOLUME # ______MAP SURVEY CERTIFIED NORTH, RANGE 15 EAST, CITY OF WATERTOWN, JEFFERSON COUNTY, WISCONSIN.

SURVEYOR'S CERTIFICATE

I, Ryan Wilgreen, Professional Land Surveyor, hereby certify:

That I have surveyed, divided and mapped a parcel of land described below.

That I have made such Certified Survey under the direction of Clasen Quality Chocolate, Inc. and the City of Watertown bounded and described as follows:

Lot 1 and Lot 2 of Certified Survey Map No. 5408 recorded in Volume 29, Page 271, Certified Survey Maps, Jefferson County Register of Deeds Office, as Document No. 1307320, located in a part of the Southwest 1/4 and Southeast 1/4 of the Northeast 1/4, Section 6, Township 8 North, Range 15 East, City of Watertown, Jefferson County, Wisconsin.

That such is a correct representation of all the exterior boundaries of the land surveyed and the subdivision thereof made.

That I have fully complied with the provisions of Section 236.34 of the Wisconsin Statutes and the Subdivision Ordinance of the City of Watertown in surveying, dividing, and mapping the same.

______Ryan Wilgreen, P.L.S. No. S-2647 [email protected] Excel Engineering, Inc. Fond du Lac, Wisconsin 54935 Project Number: 1719500

SHEET SHEET 2

OF 4

SHEETS

CERTIFIED SURVEY MAP

BEING A REDIVISION OF LOT 1 & LOT 2, CERTIFIED SURVEY MAP NO. 5408, LOCATED IN A PART

OWNER'S CERTIFICATE

Clasen Quality Chocolate, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Wisconsin, as Owner does hereby certify that said corporation caused the land described on this plat to be surveyed, divided and mapped as represented on this plat.

Clasen Quality Chocolate, Inc. does further certify that this plat is required by s.236.10 or s.236.12 to be submitted to the following for approval or objection:

1. City of Watertown

IN WITNESS WHEREOF, Clasen Quality Chocolate, Inc. has caused these presents to be signed by ______at ______, Wisconsin, and its corporate seal to be hereunto affixed on this ______day of ______, 2017.

Clasen Quality Chocolate, Inc.

______

______, ______

STATE OF WISCONSIN ) ______COUNTY )SS

Personally came before me this ______day of ______, 2017, the above named ______of the above named corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such Member of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation by its authority.

______

Notary Public, ______County, WI

My Commission Expires:______

SHEET SHEET 3

OF 4

SHEETS

CERTIFIED SURVEY MAP

BEING A REDIVISION OF LOT 1 & LOT 2, CERTIFIED SURVEY MAP NO. 5408, LOCATED IN A PART

OWNER'S CERTIFICATE

The City of Watertown, duly organized and existing under and by virtue of the laws of the State of Wisconsin, as Owner does hereby certify that the City of Watertown caused the land described on this plat to be surveyed, divided and mapped as represented on this plat.

The City of Watertown does further certify that this plat is required by s.236.10 or s.236.12 to be submitted to the following for approval or objection:

1. City of Watertown

WITNESS the hand and seal of said owner this ______day of ______, 2017.

IN PRESENCE OF:

______John David, Mayor Cindy Rupprecht, Clerk/Treasurer

STATE OF WISCONSIN ) JEFFERSON COUNTY )SS

Personally came before me this ______day of ______, 2017, the above named John David, Mayor and Cindy Rupprecht, Clerk/Treasurer of the City of Watertown, to me known to be the persons who executed the foregoing instrument and acknowledged the same.

______

Notary Public, ______County, WI

My Commission Expires:______

City of Watertown Plan Commission Approval

SHEET This land division, C.S.M. Number ______, is hereby approved as being in conformance with the City of Watertown Subdivision Ordinance this ____ day of ______, 2017.

______(Date) John David, Chairman OF

SHEETS

Canadian Pacific Railroad 2nd Street Existing Parks & Open Space Facilities To Columbus 100' Community Park 14. Timothy Johnson Park 1. Brandt Quirk Park 15. Union Park 2. Riverside Park

Rd 3. Washington Park Special Use Parks Q 4. Reagan Park 16. East Water Street 17. Fannie P. Lewis Park Neighborhood Park Town of Shields Town of Emmet 18. Kalota Park 5. Brandenstein Park Union Pacific Railroad 100' 19. Pet Exercise Area 6. Clark Park

To Juneau & 20. River Walkway

Wild Goose Trail 7. Deer Trail Park 21. Senior Center Grounds 8. Grinwald Park Quarry Rd 22. Silver Creek 120' 9. Hunter Oaks Park 23. Skate/BMX Park 120' 10. Lincoln Park 24. Tivoli Island 11. Mary Rose Park 25. Veterans Memorial 16 12. Schaller Park 26. Watertown East Apartment Area 13. South Concord Estates Park 26 Watertown Public School Facilities Private School Facilities Country A. Douglas Elementary School H. Calvary Baptist Christian School M B. Lincoln Elementary School I. St. Bernard's School K Wel Club C. Schurz Elementary School J. St. Henry's Catholic School

N Wa

D. Webster ElementaryHancock Rd School K. St. John's Lutheran School

sh Rd E. Riverside Junior High L. St. Mark's Lutheran School Silver Creek Silver

t F. Watertown High School M. Trinity-St. Luke's School - er St G. MATC - Watertown Campus nter St Clark St Campus Provimi Rd 120' Ce N. Trinity-St. Luke's School - Western Ave Campus

Juneau St O. Luther Preparatory School 16 P. Maranatha Baptist Bible College

Rich Rd Rich

N 2nd St 120' 120' R 120' 120'

120' 5 100' 1 11 EM E Spaulding St St

F 23 A N 4th

21 Windwood 10 Country Club 120' 14 24 17 DODGE COUNTY G 19 120' CW B J K JEFFERSON COUNTY 22 27 Canadian Pa cific Railroad L Hall St E I To Madison P 100' 15 West St 20 26 T O 16 120' Water St Western Ave 25 G 9 N

y 7

Horseshoe Rd Horseshoe psy Rd 120' D 3 18 4 12 Summi E G Gopher Hill Rd 100' Milford Rd ate t Ave D H 8 S 3rd St St r 120' S

r Dr Clark St C HorseshoeRd

S 9th o 100' 6 n M co

S 12th St Rive C rd 16 A Canadian Pacific Railroad v 13 e River R d 19 To Milwaukee

River Rd fferson A Je Rd E Air Park Dr 100'

Hi Watertown 80' Conservation

l ltop Rd ltop Club 100'

High Rd 80' South Rd

100' Beryl Dr

R oc k port Rd 100' Ri ve r Air 120'

100'

r Turf e Y Town of Watertown 120' v 120' E i Dr 120' Town of Milford R k c 26

o J c Railroad R o

120' 120' s 100'

n Johnson Creek & D

To X Glacial Drumlin Trail Union Pacifi Ebenezer Dr r 100' e

e Pipersville Rd A k

Transportation & Map Cemetery Proposed Road Senior/Community Center Proposed Street Enhancement Community Facilities 7 Museum Road Section to be Removed Planned Facilities Proposed High-Speed Rail City of Watertown Comprehensive Plan Proposed Bike/Ped Facility Trailhead Passenger Line Proposed Bike/Ped Trail City of Watertown Existing Facilities Proposed Neighborhood Park Proposed Riverwalk County Boundary Airport Proposed Community Park Community Facility Land Area xx' Proposed Right-of-Way Width Town Boundary Proposed School Site Public & Private Park & Urban Service Area Recreation Land Area Proposed High-Speed Rail Station Boundary School Proposed Bridge Enhancement Higher Education Facility State Highway Proposed Intersection Improvement Public Safety Building Source: ESRI, City of Watertown, County Highway Counties of Dodge & Hospital Proposed Park & Ride Local Road Jefferson LIO Library Proposed Grade Separation Proposed Highway 26 Bypass Post Office Proposed Interchange 00.511.50.25 Right of Way Public Works Building Miles Railroads Waste Water Treatment Plant Adopted: November 17, 2009 Existing Amtrak Passenger Rail Water Utility Facility VANDEWALLE & Water Tower Surface Water ASSOCIATES INC. Grade Separation Shaping places, shaping change 809 Station Street Rezoning - Preliminary

Background: Michael Yenser is looking to rezone 809 Station Street from General Industrial (GI) to General Business (GB). The purpose of the rezoning is to allow suitable businesses to occupy his property located at 809 Station Street. The property is located in TID #7, and as part of the creation of that TID, the 2009 Comprehensive Plan was amended to allow more mixed use commercial.

Issues: The following issues have been identified by the Zoning Administrator:

1. Per Section 550-141E:

Initial Review by the Plan Commission and Scheduling of Common Council Public Hearing. The Common Council shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this Subsection.

(1) The Plan Commission shall schedule a reasonable time and place for a public meeting to hear the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney.

(2) Within 60 days after the public meeting (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), the Plan Commission shall schedule a public hearing before the Common Council.

2. This is a down zoning to a less intensive Zoning District.

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. Postpone Rezoning to a later date 2. Postpone indefinitely 3. Set Public Hearing for June 6, 2017 Common Council Meeting 4. Set Public Hearing Date for a different Common Council Meeting

NOTICE OF PUBLIC HEARING

Notice is hereby given by the Common Council of the City of Watertown, Wisconsin, that a public hearing will be held on the 6th day of June, 2017 in the Council Chambers of the Municipal Building, 106 Jones Street,

Watertown, Wisconsin at 7:00 P.M., or shortly thereafter, to consider the request of Michael Yenser to rezone the following described properties from GI, General Industrial, to GB, General Business. The property is located in the

City of Watertown, Jefferson County, Wisconsin and is further described as follows:

Lots 1 to 7 inclusive in Block 13 (being all of said Block 13) of A. I, Pritchard's Second Addition in the First Ward, now Third Ward, of the City of Watertown, Jefferson County, Wisconsin.

ALSO the West 3.67 feet of Ninth Street vacated adjacent to said Block 13.

Except Lot 1, as designated on Certified Survey Map No. 2673, recorded on October 14, 1992 in Volume 10 of Certified Surveys on Pages 121 and 122, as Document Number 895078, being a part of Lots 2, 3 and 6, Block 13, Pritchard's Second Addition to City of Watertown, Jefferson County, Wisconsin. (809 Station Street)

All persons wishing to be heard are invited to be present.

CITY OF WATERTOWN

Jacob A. Maas Zoning Administrator

JM/nmz

PUBLISH: May 23, 2017 and May 30, 2017

(BLOCK AD) Revisited: Preliminary Review of Chapter 545, Subdivision Code, Parkland Dedication and Improvement Fees

Background: Last year the Plan Commission approved the revisions laid out by the City Attorney to be compliant with 2007 Wisconsin Act 44. The amendment was postponed until after the City Code was recodified in the Fall of 2016. After reviewing the pertinent recodified Code section, it became evident that sections of code were removed. The amendments needed would exceed those granted by Plan Commission. After discussion with the City Attorney, it is best to re-submit the compliant code that also contains the deleted sections of compliant code.

Issues: The following issues have been identified by the City of Watertown Zoning Administrator:

1. Please see attached Ordinance a. I made the suggested amendments to the ordinance via the Mayor’s request at the 02/13/2017 Plan Commission Meeting b. These amendments were reviewed by Mike Slavney and Will Gruber and comply with 2007 Wisconsin Act 44.

2. There were no comments at May 2, 2017 Public Hearing before the Common Council.

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. Plan Commission makes a negative recommendation on the Ordinance to the Common Council 2. Plan Commission makes a positive recommendation on the Ordinance to the Common Council

AN ORDINANCE

TO AMEND CHAPTER 545, SUBDIVISION OF LAND, THROUGH THE RECREATION, REMOVAL AND ADDITION OF LANGUAGE

Sponsor: Mayor David From: Plan Commission with Positive Recommendation

SECTION 1. Recreate Section 545-09B:

* * *

B. Fees to Defray Administrative Expenses. The subdivider of land divisions within the city shall reimburse the city for its actual cost of design, inspection, inventorying, mapping, and collecting attribute information for infrastructure features for the GIS database, testing, construction, and associated legal and real estate fees for the required public improvements for the land division unless otherwise recovered through other fees. The subdivider shall pay to the City of Watertown fees as set by the Common Council and provided under separate fee schedule. Site Plan Review Committee review fees applicable to zoning and development-related issues shall not be applied to land divisions. The city's costs shall be determined as follows:

1. The cost of city equipment employed;

2. The actual costs of City materials incorporated into the work including transportation costs plus a restocking and/or handling fee not to exceed ten percent (10%) of the cost of the materials;

3. All consultant fees associated with the public improvements at the invoiced amount in compliance with Section 66.0628(3), Wisconsin Statutes.

* * *

SECTION 2. Remove Section 545-09C

* * *

C. Payment for engineering, planning or legal services. The subdivider shall pay to the City of Watertown the actual cost of any engineering, planning or legal work undertaken by consultants hired by the City, outside of the City budget, at the request of the developer and the Plan Commission.

* * *

SECTION 3. Amend Sections 545-33A(1) & 545-33A(2) :

* * *

A. Parkland Dedication Fees and Land Dedications 1. Any development approval, which enables the creation of additional dwelling units, shall require compliance with this parkland dedication fee and land dedication requirement. This would include any land division, which creates new lots. It would also include any building permit for any dwelling unit per existing lot (single-family, duplex, or other multi-family building.) Except for developments submitted to the City for approval prior to June 14, 2006, and after September 7, 2016, each new development within the corporate limits of the City shall be required to comply with the parkland dedication requirements here stated, including the parkland dedication fee imposed in lieu mechanism authorized under this Chapter (as applicable), as well as the subsections following hereto

2. In the design of a subdivision, including minor subdivisions, or planned developments, provision shall be made for suitable sites of adequate area for parks, playgrounds, open spaces, schools, drainage ways, storm water management or treatment facilities and other public purposes. Such sites as are shown on the Official Map, Master Plan or Parks and Open Space Plan shall be made a part of the design. Where such are not shown on said plans or map, consideration shall be given to the preservation of scenic and historic sites, stands of trees, marshes, ponds, streams, and woodland, prairie and wetland plant and animal communities.

* * *

SECTION 3. Amend Sections 545-33C(3) – (5):

* * *

3. Revenues derived from funds collected from impact fees imposed and collected but not used as statutorily required within the applicable statutory period from the date of payment of the impact fee, as prescribed in Section 66.0617(9), Wisconsin Statutes period of ten (10) years after the time of collection, for which the impact fees were imposed, shall be refunded on a pro-rated, proportional basis, as determined by the Common Council, to the then-current Owner of Record of the property with respect to which the impact fee was imposed.

4. Any funds subject to a refund may be obtained upon application of the then-current Owner of Record, who shall be entitled to return of the original impact fee paid, together with interest at the rate of one percent (1.0 %) per year from the date of said payment to the date of said refund. The Owner of Record must submit a written application for a refund to the City Clerk-Treasurer of the City of Watertown within one hundred eighty (180) days after the expiration of the applicable statutory time as prescribed in Section 66.0617(9), Wisconsin Statutes period outlined in this section.

5. The payment of an impact fee imposed under this section as a condition of a permit for new construction or issuance of a zoning permit, conditional use permit, or land division may be contested as to the amount, collection, refund, or use of the impact fee to the Watertown Public Works Commission, provided that the applicant files a written notice of appeal in the Office of the City Clerk -Treasurer within fifteen (15) days of the approval of the Full Building Permit by the Office of the Building Inspector for new construction or issuance of any other permit or land division permit upon which the impact fee is imposed. Such notice of appeal shall be entitled, “Notice of Appeal of Impact Fee” and shall state the applicant’s name, address, telephone number, address (if available) and legal description of the land development upon which the impact fee is imposed, and a statement of the nature of and reasons for the appeal. Said “Notice of Appeal of Impact Fee” shall be immediately forwarded by the Clerk/Treasurer of the City to the Watertown Public Works Commission Chairperson. The Chairperson shall schedule the appeal for consideration by the Watertown Public Works Commission at a regular meeting as soon as reasonably practicable under the circumstances and shall notify the applicant of the time, date and place of such meeting in writing by regular mail, deposited in the mail no later than at least three (3) days before the date of such meeting. Upon review of such appeal, the Watertown Public Works Commission may adjust the amount, collection, refund or use of the Impact Fee upon just and reasonable cause shown. On and after June 14, 2006, and prior to September 7, 2016, all impact fees imposed under this chapter that are not otherwise required to be paid by the developer or land owner as provided above in this subsection shall be imposed upon each buildable lot in a development and shall be payable in full, at the annually adjusted rate then in effect, within fourteen (14) days of issuance of any zoning, conditional use or building permit. After September 7, 2016, all impact fees imposed under this chapter that are not otherwise required to be paid by the developer or land owner as provided above in this subsection shall be imposed upon each buildable lot in a development and shall be payable in full, at the annually adjusted rate then in effect, at the time of issuance of any zoning, conditional use or building permit under this chapter or any other controlling authority.

* * *

SECTION 4. Create Section 545-33C(12):

* * * 12. The current owner of a property on which an impact fee has been paid may apply for a refund of such fee if the City has not used such impact fee within the applicable statutory period from the date of payment of the impact fee, as prescribed in Section 66.0617(9), Wisconsin Statutes; or (b) the building permit for which the impact fee has been paid has lapsed for non-commencement of construction; or (c) the project for which a building permit has been issued has been altered in a manner which has resulted in a decrease in the amount of the impact fee due; or (d) as otherwise authorized in this Ordinance.”

* * *

SECTION 5. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed

SECTION 6. This ordinance shall take effect and be in force the day after its passage and publication.

DATE: 06/06/2017 06/20/2017

READING: 1ST 2ND ADOPTED ______

YES NO YES NO

MCFARLAND ______

SMITH CITY CLERK/TREASURER

BERG

LARSEN APPROVED______

ZGONC

RAETHER ______

TIETZ MAYOR

MARON

KILPS

MAYOR DAVID

TOTAL

SITE PLAN REVIEW COMMITTEE May 8, 2017

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: John David, Jaynellen Holloway, Andrew Beyer, Tim Gordon, Greg Michalek, Doug Zwieg, Kevin Freber, Rick Schultz, Mike Slavney and Curt Kleppin. Also in attendance were Secretary Nikki Zimmerman, Rachel Dion and Charlie Boysa of BASCO Development, Jeff Kossman, and Jeff and Tom Schoechert of Silver Creek Storage.

Acting Chairperson Andrew Beyer called the meeting to order.

1. W6904 Silver Creek Road – Jeff Schoechert – Self Storage Facility This item is for three new proposed self-storage facilities which will be the same as the existing structures. There was a public hearing in front of the Plan Commission on April 24, 2017 where the Commission made a recommendation for approval of the conditional use permit (CUP) subject to Site Plan Review approval.

With no concerns stated by present City staff, a motion was made and seconded to recommend approval of this project with no conditions. Unanimously approved.

2. Hunter Oaks Boulevard – BASCO Development – Preliminary Review of Proposed Duplexes This item is coming before the Site Plan Review Committee as a concept review only. Potential developer, Charlie Boysa of BASCO Development, was present to explain the proposed construction.

The proposal is to purchase the remaining, undeveloped land and separate the existing condos (with 14 current owners) from the undeveloped area. Then BASCO Development would go through the General Development Plan (GDP) process to create two-family lots and building one to two buildings at a time, each unit having a two- car garage. Current covenants would be used for the exteriors to match the existing structures.

There are currently two alleys which are considered substandard. The developer would like to dedicate these to the City.

The following items were discussed by the Committee:

A. Utilities would have to be investigated to distinguish private vs. public mains B. Hydrants would be needed to the east C. The overall concept would go through the GDP process with the individual buildings going through the Precise Implementation Plan (PIP) process. D. The east/west roads need to be wide enough for emergency vehicles. This means there will either have to be no parking on these roads or the streets will have to be widened. E. This item should be taken to the Public Works Commission to discuss the potential of city street acquisition and utilities.

No action is required on this agenda item at this time.

3. Site Plan Review Minutes – February 27, 2017 Motion was made and seconded to approve the minutes as submitted.

Unanimously approved.

There being no further business to come before this committee, motion was made and seconded 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 Minutes May 8, 2017

The Plan Commission met on the above date at 4:30 p.m. in the Council Chambers of City Hall with the following members present: Mayor John David, Alderman Augie Tietz, Alderman Fred Smith, Rick Tortomasi, Sherry Cira, and Tony Arnett. Also in attendance were City Engineer Jaynellen Holloway, Staff Engineer Andrew Beyer, and citizens Charlie Boysa and Josh and Rachel Dion (each from BASCO), Brad Hayes (from Hayes Family Auto), Sarah Seibt, and Samuel Wood.

1. Public Hearing for CUP – Welcome Signs for City of Watertown: The Branding Committee has completed its review of where to install four new “Welcome” signs. They have funding for two in the 2017 budget and would like to begin with signs on the north and south sides of the city. The proposal requires a Conditional Use Permit (CUP), which was the focus of discussion following the Public Hearing at which no comments were received. The only issue relates to height restrictions within the Airport Approach Protection Zone (AAPZ), although the signs would not violate them. A motion was made by Tony Arnett, seconded by Sherry Cira, to approve the CUP subject to the north sign being no higher than 975 feet above sea level and the south sign being no higher than 818 feet. The motion passed unanimously.

2. Review of Township Preliminary CSM – N8791 Jefferson Road: Richard and Sarah Seibt would like to create three lots from a 12.4 acre parent parcel and split off two lots to sell. The Final CSM will need to dedicate a 33-foot right-of-way from centerline. In addition, each lot would be subject to a maximum AAPZ elevation limit of 895. A motion was made by Augie Tietz, seconded by Rick Tortomasi, to approve the Preliminary CSM conditioned on the required dedication of the right-of-way and the height restriction. The motion passed unanimously.

3. Preliminary CSM Review for 716 Emmet Street: Brad and Margaret Hayes would like to combine three lots into two lots. They are at 721 and 717 W. Main Street and 718 Emmet Street. The two W. Main Street lots would substantially become one lot with the remainder becoming a reconfigured 718 Emmet Street. Each new lot will have to meet the AAPZ height restrictions of 969 feet but there are no other issues. A motion was made by Tony Arnett, seconded by Jaynellen Holloway, to approve the Preliminary CSM with only the height condition. The motion passed unanimously.

4. Preliminary CSM Review for 703 Sutton Drive & 602 Cobblestone Way: Samuel Wood would like to combine two lots into one lot at 703 Sutton Drive. There are no issues except the CSM must contain language listing the AAPZ height restriction as 968 feet. A motion was made by Tony Arnett, seconded by Sherry Cira, to approve the Preliminary CSM with only the height restriction as a condition. The motion passed unanimously.

5. Preliminary Review of Proposed Duplexes on Hunter Oaks Boulevard: Charlie Boysa is considering purchasing undeveloped lots in the Hunter Oaks Subdivision that are currently owned by BMO Harris Bank. He would like to develop duplexes on them and is primarily interested in getting a sense of the Commission’s reaction to his development plan. The Boysa family has done several residential projects in Watertown. Each has been a quality effort and highly successful. Ever since the economic downturn that began around 2008, this subdivision has languished. The Commission is hopeful that this project could help jump-start economic activity on the city’s west side. Informal suggestions were made by the Commission and the consensus was overwhelmingly favorable. Mr. Boysa was encouraged and plans to move forward.

6. Approve Plan Commission Minutes of April 24, 2017: A motion was made by Augie Tietz, seconded by Sherry Cira, to approve these minutes and the motion was approved unanimously.

There being no further business to come before the Commission, the meeting adjourned at approximately 5:04 p.m.

Respectfully submitted,

Fred Smith Alderman