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December 8, 2005 Planning Staff Report
Planning Staff Report Prepared By OMNNI Associates Associate Planner - Adam Sayre For the Town of Brooklyn, Green Lake County, WI December 8, 2005 APPLICATION: CUP - Planned Unit Development (PUD) Michael and Mary Marks FACTS OF CASE: Michael and Mary Marks are seeking a conditional use permit for a planned unit development on a 1.33-acre parcel. The property is zoned as recreational district, which requires a conditional use permit for the establishment of condominium developments. If the conditional use permit is approved, the property owner proposes to demolish the existing structures on the property, and construct four (4) condominium units. The Town of Brooklyn Future Land Use Map within the Town of Brooklyn Comprehensive Master Plan shows this parcel as future recreation/commercial. The proposed planned unit development would not conform exactly to the Future Land Use Map (which assumed the Carvers Supper Club would remain a local business), but is allowable as a conditional use in the recreational zoning district. ORDINANCE REQUIREMENTS: Zoning. The Town of Brooklyn Land Division and Subdivision Ordinance states "area and average lot width of all lots and land areas shall conform to the Green Lake County Zoning Ordinance or shall be one hundred (100) feet wide and twenty thousand (20,000) square feet of net usable area". The Brooklyn Ordinance also states: "The Ordinance is expressly applicable to Condominium Developments within the Town's jurisdiction, pursuant to Wisconsin Statutes, Section 703.27(1). For purposes of this Ordinance, a condominium unit and any associated limited common elements shall be deemed to be equivalent to a lot or parcel created by the act of subdivision and reviewed in the same fashion by the Town, including design requirements provided in Articles 5. However, the technical requirements for Preliminary Plats shall not apply since condominiums have separate technical standards set forth in Wisconsin Statutes, Chapter 703". Marks Parcel Number of (1.33 acres) Units Allowed Conservation 3 Land Division 2 A condominium is a form of ownership where no real land division takes place. Since condominiums do not divide land, density is used to determine the allowable number of condominium units by comparing condo units to lot sizes. Density requirements in Brooklyn allow one (1) house for every 16,000 sq. ft of land. A condo development is evaluated the same way with one (1) condo unit being allowed for each 16,000 sq. ft. of land. This allows for a maximum of three (3) units on this parcel. The application is for four (4) units. RELATION TO THE COMPREHENSIVE PLAN: The Town of Brooklyn Comprehensive Master Plan Map shows this area as recreation/commercial, but does not provide any more details for this site. However, the Town's plan does provide several goals addressing housing and natural resources. The following goals are listed in the plan and should be considered with this application: -Carefully plan for residential development and encourage the majority of new development to occur around existing infrastructure and populated areas. -Encourage infill development to provide housing by increasing density in already populated areas as opposed to creating sprawl that will be detrimental to the area's existing rural aesthetics. -Work with County Officials to create ordinances regarding lakeshore development and shoreland vegetation removal practices. -Encourage the majority of new development to occur around existing populated areas. -Limit development of condos and apartments on the Lake to reduce multi-pier usage. -Enact an Ordinance prohibiting the use of holding tanks on new construction. ROLE OF THE PLANNING COMMISSION: To review the application and study the appropriateness of the action based on the Town of Brooklyn Comprehensive Master Plan and applicable codes and ordinances. To consider comments and suggestions from residents in the Town. To provide a recommendation on the matter to the Town Board. ADDITIONAL PLANNING / ZONING CONSIDERATIONS: The Planning Commission needs to consider other issues/concerns with this PUD development: 1. Density - The proposed four (4) units exceed the density allowed by the Town of Brooklyn Land Division & Subdivision Ordinance. The maximum number of units allowed on this parcel is three (3) if treated the same as a conservation subdivision. 2. Holding Tanks - The Green Lake County Ordinance states: "The installation of a holding tank is prohibited unless the condition in Subsection A(1), (2) or (3) exists (Please refer to section 334-13 Holding Tanks of the Green Lake County Ordinance)". No sanitary information has been submitted. A clustered sanitary and well system is strongly encouraged. 3. Stormwater Management Plan - A Stormwater Management Plan is required if impervious surface on this parcel exceeds 5,000 square feet. 4. Vegetative buffer - Due to the increased intensity of land use for this parcel, a vegetative buffer, that meets Best Management Practices, is strongly encouraged to be installed along the Shoreline to protect water quality. The Green Lake County Land Conservation Department can provide assistance with shoreland restoration projects. 5. Piers - The sketch indicated increased waterfront usage by future unit owners. All appropriate permits for any piers or docks must be obtained from the DNR. OMNNI RECOMMENDATION ON APPLICATION FOR TOWN CONSIDERATION:1 Denial of this application -as submitted -due to the fact that the density is in excess of that permitted by the Town of Brooklyn Land Division and Subdivision Ordinance. A revised application for a condominium PUD that adheres to the density requirements established within the Town's ordinances and provides all required information for review could be approved on this site. 1 OMNNI Recommendations are based on professional planning staff review of application materials provided to OMNNI. The final decision is to be made by the Town based on facts and testimony received during their public meeting. This report provides information and opinion for Town consideration. Planning Staff Report Prepared By OMNNI Associates Associate Planner - Adam Sayre For the Town of Brooklyn, Green Lake County, WI December 8, 2005 APPLICATION: CUP - Gas Station, Restaurant, Car Wash, Retail Strip B-2 Enterprises FACTS OF CASE: B-2 Enterprises is seeking a conditional use permit for a gas station, restaurant, car wash, and retail strip center. The property is currently zoned C-2, extensive commercial district,requiring a conditional use permit for the gas station, restaurant, car wash and retail strip center. These uses are all consistent with this zoning district and the Town of Brooklyn Comprehensive Plan. ORDINANCE REQUIREMENTS: The Green Lake County Zoning Ordinance lists requirements for granting conditional use permits. Section 7.2 of the Green Lake County Zoning Ordinance states: ŅApplication for a conditional use permit shall be made to the County Planning Office, and shall be accompanied by the following: -Detailed site plan, drawn to scale, identifying such items as existing and proposed buildings, building height, septic system, drainage ways, water courses, streams, lakes, lot lines, contours, areas to be filled or altered, wetlands, roads, existing and proposed parking areas, and any other relevant physical features, -Detailed description of the proposed activity (operational plan). -Any additional information, as required by the County Planning Office, which may be pertinent to the proposed conditional use. The Town of Brooklyn Comprehensive Master Plan does not specifically address all the uses on this conditional use application. The plan map indicates this property should be used for future commercial purposes. Moreover, the plan: - Encourages a variety of industrial and service businesses, such as restaurants, food processing facilities, banks, stores, real estate agencies, computer sales with installation and instruction services, and boat and marine services. - Encourages a variety of professional offices and research centers, such as medical offices, legal offices, and experimental research labs. -Encourages businesses that will compliment the rural character of the Town and the quaint, nostalgic character of downtown Green Lake. ADDITIONAL PLANNING/ZONING CONSIDERATIONS: The Planning Commission needs to consider other issues/concerns with the B-2 Enterprises conditional use application. B-2 Enterprises should submit the following to the Town: -Grading and Filling plans -Stormwater management plan showing how stormwater will be controlled -Location, height and type of future signs on the property. -Dimensional requirements for any proposed building on the site. -Operation plan detailing types of retail, type of restaurant, number of cars the car wash serves, size of fuel island, details about the grocery/convenience store, etc. -Architecture designs of all proposed buildings. -Proposed lighting showing locations, hours of operation, etc. Another potential concern is access to this parcel. The drawings submitted to the Town of Brooklyn show a "proposed easement" from the parcel to CTH A. Has this easement been granted? What guarantees are in place to ensure this easement will always be available in the future? The Town needs to consider this easement when approving or denying this application. ROLE OF THE PLANNING COMMISSION: To review the application and study the appropriateness of the action based on the Town of Brooklyn Comprehensive Master Plan and applicable codes and ordinances. To consider comments and suggestions from residents in the Town. To provide a recommendation on the matter to the Town Board. OMNNI RECOMMENDATION ON APPLICATION FOR TOWN CONSIDERATION:2 Table the conditional use permit application and request additional information from B-2 Enterprises to address the ADDITONAL PLANNING/ZONING CONSIDERATIONS outlined in this staff report. The necessary information needs to be submitted prior to the next Planning Commission meeting. 2 OMNNI Recommendations are based on professional planning staff review of application materials provided to OMNNI. The final decision is to be made by the Town based on facts and testimony received during their public meeting. This report provides information and opinion for Town consideration.