CITY OF WAUPACA CITY PLAN COMMISSION MEETING

WEDNESDAY, FEBRUARY 10, 2016 5:15 P.M. COUNCIL CHAMBERS, CITY HALL

CITY OF WAUPACA MISSION STATEMENT: “The city of Waupaca’s mission is to lead creatively, plan wisely and spend prudently to provide the services that ensure a safe and vibrant community.”

AGENDA:

1. Approve Agenda

2. Approval of Plan Commission Minutes a. January 13, 2016 Meeting Minutes

3. ACTION ITEMS:

a. Rezoning – 02 Group LLC, 715 Hill Street

4. DISCUSSION ITEMS: NONE

5. REPORTS: a. January 2016 Building Permits b. Development update

6. Adjournment

Mayor Brian Smith, Chairperson City Plan Commission

PLEASE NOTIFY THE CLERK’S OFFICE IF YOU ARE UNABLE TO ATTEND.

PLEASE ADVISE THE CITY CLERK’S OFFICE IF YOU REQUIRE SPECIAL ACCOMMODATIONS. THE CITY OF WAUPACA PROVIDES EQUAL OPPORTUNITIES FOR PUBLIC MEETINGS.

CITY OF WAUPACA

CITY PLAN COMMISSION

REGULAR MEETING WEDNESDAY, JANUARY 13, 2016

COUNCIL CHAMBERS, CITY HALL 5:17 P.M.

Present: Mayor Brian Smith, Chairperson, Commissioners John Kneer, Pat Phair, Kay Lutze, Ald. Eric Olson,

Ald. Alan Kjelland and Justin Berrens

Absent: none

Others Present: Brennan Kane, Development Director and Lindsay Kemnitz, Intern

1. APPROVAL OF AGENDA

MOVED by Comm. Phair SECONDED by Comm. Lutze to APPROVE the Agenda with handout. 7 ayes, 0

nays, 0 absent. MOTION CARRIED on a voice vote.

2. APPROVAL OF PLAN COMMISSION MINUTES

a. November 11, 2015 Meeting Minutes

MOVED by Ald. Kjelland SECONDED by Ald. Olson to APPROVE the November 11, 2015 City Plan

Minutes. 7 ayes, 0 nays, 0 absent. MOTION CARRIED on a voice vote.

3. ACTION ITEMS

a. Resolution No. 1361 recommending an amendment to the City of Waupaca Year 2030

Comprehensive Plan for 715 Hill Street

Mr. Kane said this property located at 715 Hill Street had a land use change in 2013 from Single Family

Residential (SFR) to Planned Commercial (PC) on the City of Waupaca Year 2030 Comprehensive plan to

accommodate Mr. Jerry Lyons’ request to utilize the entire property for commercial use. Mr. Lyons is selling

the property and the buyer would like to utilize the property as a Single Family Residence. In order to start the

process, an amendment to the comprehensive plan must be made with the approval of Resolution No. 1361 by

the City Plan Commission. The resolution requires a 30 day notification period prior to the public hearing.

Mr. Kane said next month the commission will see both the rezone from B3 Commercial Property back to R1

Single Family Residential and the supplemental information and amendments for the comprehensive plan back

to single family at the same time.

There was general discussion regarding the removal of any signage and if reverting to R1 would affect other

property owners in the area.

MOVED by Ald. Kjelland SECONDED by Comm. Lutze to APPROVE Resolution No. 1361 an Amendment

to the City of Waupaca Year 2030 Comprehensive Plan for 715 Hill Street. 7 ayes, 0 nays, 0 absent, MOTION

CARRIED on a voice vote.

b. Zoning Code Ordinance No. 03-16 – Chickens allowed in R1 & R2 districts with requirements

Mr. Kane gave a brief overview of the reasons to bring forward an ordinance regarding chickens in residential

areas. He asked Ms. Kemnitz to review the contents of the ordinance.

City Plan Commission Meeting

January 13, 2016

2

Ms. Kemnitz said the ordinance would allow the keeping of chickens in R-1 and R-2 Districts with a permit

which would be issued by the Community and Economic Development Department. The permit would expire

each year on December 31 and would require a renewal each year on January 1. Before receiving the permit,

the applicant would need neighborhood approval from adjacent property owners. The applicant would be

allowed to keep up to five chickens with a permit with no roosters allowed. She briefly reviewed the additional

requirements for chicken enclosures, coops, yards, etc. and public health requirements. Permit revocation was

also reviewed. If the applicant moves to a new property, a new permit and neighborhood approval would be

required.

Mr. Kane said the City does not have its own Health Department and we would have to go through Waupaca

County.

There was general discussion regarding restrictions to slaughter chickens at the property. There was also

discussion whether this applies to someone who raises rabbits or processes their deer in their garage within city

limits.

Ms. Kemnitz said none of the municipalities that allowed chickens allowed the slaughter of chickens on the

property.

Mr. Kane also mentioned issues of beekeeping, rabbits and chickens as agricultural use within the zoning code

originally and was directed by Council to only look at chickens.

Comm. Phair asked about adjacent properties and how far out does the applicant need to go to gain permission

from their neighbors.

Ms. Kemnitz said they were including neighbors across the street, diagonal and behind.

Mr. Kane said he does not want to grandfather any properties that are already raising chickens but would rather

provide a grace period for all of the properties to come into conformance with the ordinance.

There was general discussion regarding penalties and enforcement issues.

Mr. Kane said if approved, he plans to do a public relations push.

There was general discussion regarding the slaughter of chickens for the property owners’ consumption and

proper disposal of chicken remains.

MOVED by Comm. Phair SECONDED by Ald. Olson to RECOMMEND ADOPTION of Zoning Code

Ordinance No. 03-16 Chickens Allowed in R-1 & R-2 Districts with requirements and amend the definition of

slaughter section 3b. 6 ayes, 0 nays, 0 absent, MOTION CARRIED on a voice vote.

4. DISCUSSION ITEMS

None

City Plan Commission Meeting

January 13, 2016

3

5. REPORTS

Mr. Kane said the new position of Code Enforcement Officer was offered and accepted by Ms. Lindsay

Kemnitz. She will begin as a part time employee in a couple of weeks and will finish her education in May. She

will continue to work on other projects within the department. In future meetings, Mr. Kane said he will be

asking for the Commission’s input regarding signage enforcement.

a. November 2015 Building Permits

b. December 2015 Building Permits

The reports were included in the packet.

c. Development Update

Mr. Kane thanked Ald. Olson and the panel for their help in choosing the consultants for the Downtown Vision

and Redevelopment Plan. Ten proposals were received which were narrowed to five and two were chosen from

the five after the interview process. Mr. Kane is hoping to get a consensus for recommendation to bring to

Council in February.

Ald. Olson said he surprised by the panel of seven unanimously agreeing on the two consultants.

Mr. Kane said the proposals had a team approach with both an urban design and urban planning base teamed

with an engineering firm and a marketing consultant. He said there is one consultant with everything in one

firm.

Mr. Kane said they would like to have a public meeting regarding the parking study sometime in February. All

of the data has been collected and there are still dates for use within the contract. They are expecting to finish up

in March/April 2016.

The Presto Products Developer agreement is signed and transfer of land has occurred. He expects there will be a

site plan approval needed in the first quarter. Mr. Kane is working on some projects that could have some great

potential and benefit in the Industrial Park.

Mr. Kane said 2016 will be utilized for the design of the Master Plan and the 30% plan and 2017 will be

dedicated to completing the engineering plans. He anticipates construction in 2018 or 2019 for the Downtown

Vision and Redevelopment Plan. He said there are other grant opportunities available and the City did receive

STP Urban Funding for this project. There is approximately $1.5M in the bank for this project.

Mr. Kane said future reports will look different and have more information since the new software was

approved after implementing.

City Plan Commission Meeting

January 13, 2016

4

6. ADJOURNMENT

MOVED by Ald. Kjelland, SECONDED by Comm. Kneer to ADJOURN the January 13, 2016 Regular City

Plan Commission Meeting. 7 ayes, 0 nays, 0 absent. MOTION CARRIED on a voice vote.

The meeting adjourned at 6:04 p.m.

Mayor Brian Smith, Chairperson

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City of

WAUPACA

Community & Economic Development Department

Page 1 of 2

111 S. Main Street Waupaca, WI 54981

EXECUTIVE SUMMARY

Action Request: Zoning Change [Ordinance 02-16] Project Description:

Applicant: Jerry C. Lyons and Benjamin J. Lyons, members Owner: 02 Group, LLC Property Addresses: 715 Hill Street Parcel Number(s): 34-31-22-9 Existing Zoning B-3 General Commercial District; building contracting business (lower and Use: level) and single family (upper level) Proposed Zoning R-1 Single-Family Residence District; single-family and Use: Surrounding Zoning R-1 Single-Family Residence District, RC Resource Conservation and Land Use: B-3 General Commercial District; residential, open land and commercial

business BACKGROUND The current property owner requested and was granted a rezone of this property to the B-3 General Commercial District in 2012. The purpose at that time was to market and sell the property for commercial use. That same property owner now has an offer to purchase the property for residential use and is requesting the zoning be changed back to R1. The City’s Year 2030 Comprehensive Plan Future Land Use Map identifies the subject site for Planned Commercial (PC). As such, the rezoning of the subject property will be in conflict with the current land use goals of the City. The Comprehensive Plan is currently under amendment to potentially resolve the conflict.

RECOMMENDATION Staff recommends approval of Ordinance 02-16 subject to the following conditions: 1. Approval of a Comprehensive Plan amendment that makes the City of Waupaca’s Preferred Land Use Map

consistent with the proposed land use.

City of

WAUPACA

Community & Economic Development Department

Page 2 of 2

111 S. Main Street Waupaca, WI 54981

2. The existing homestead shall only be utilized for single-family residential purposes. Two-family, multi-family and/or commercial use of the property is prohibited.

3. Since the property will no longer be used for commercial purposes, the existing ground signage and any wall

signage is required to be removed.

4. The existing accessory structures may not conform to current zoning code regulations therefore any alterations would require any non-conformities to be brought into conformance with current regulations.

PREPARED BY: Brennan P. Kane Director of Community and Economic Development

ORDINANCE NO. 02-16 (2016)

AN ORDINANCE AMENDING SECTION 17.201(2) OF CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF WAUPACA ENTITLED

"AMENDMENTS TO DISTRICT MAPS"

The Common Council of the City of Waupaca do ordain as follows: Section 1. The real estate hereinafter described and located in the City of Waupaca and State of Wisconsin, and presently zoned by the zoning ordinance of the City of Waupaca as "B-3 Commercial Business District" is hereby zoned as "R-1 Single-Family Residence District", more particularly described as follows, to-wit:

That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 22 North, Range 12 East, City of Waupaca, Waupaca County, Wisconsin, described as follows: Commencing at a concrete monument at the West 1/4 corner of Section 31; thence North 00 degrees 05 minutes West, 1316.28 feet along the Section line to the Southwest corner of the Northwest 1/4 of the Northwest 1/4, said Section 31; thence North 89 degrees 56 minutes East, 495.0 feet along the South line of the Northwest 1/4 of the Northwest 1/4 to an iron pipe; thence North 00 degrees 05 minutes West, 221.43 feet along a line that is parallel with the West line of the Northwest 1/4 of the Northwest 1/4, and 30 rods East therefrom to an iron pipe on the Northerly right-of-way line of County Highway “K" as now located, which shall be the place of beginning of this description; thence North 72 degrees 48 minutes East, 153.53 feet to an iron pipe; thence North 60 degrees 23 minutes East, 348.28 feet to an iron pipe; thence North 04 degrees 14 minutes East, 72.17 feet to an iron pipe; thence North 44 degrees 14 minutes West, 161.64 feet to an iron pipe; thence North 52 degrees 31 minutes West, 178.04 feet to an iron pipe; thence North 74 degrees 29 minutes West, 209.15 feet to an iron pipe; thence South 00 degrees 05 minutes East, 569.80 feet to the point of beginning. That the foregoing parcel is also described as follows, to-wit: That part of the Northwest 1/4 of the Northwest 1/4 of Section 31, Township 22 North, Range 12 East, lying South of Hill Street and North of County Trunk Highway “K" in the City of Waupaca, EXCEPT the West 30 rods thereof. ALSO EXCEPT highway rights-of-way. (Parcel No. 34-31-22-9, 715 Hill Street)

Section 2. This ordinance shall take effect upon passage and publication according to law. Approved: Brian Smith, Mayor Adopted: , 2016. Approved: , 2016. Published: , 2016. ATTEST: Henry Veleker, City Administrator/Clerk

HWY 22

HILL ST

HWY 10

S WES

TERN

AVE

SHADOW RD

WESTERN AVE S

HOLMES RD

CTY HWY K

HWY 10

715

833

801

711

820

835

880

837

840

717

1409

1491

N2855

N2785

N2810

N2815

97

99

23 799

22 9

22 17

23 8

22 13

23 8

51 3

22 2

51 1 22 3

22 14

23 4

51 5

14 224 13

51 2

22 7

52 19

22 6

22 5

22 8

21 6

22 18

23 9

14 1

22 15

23 521 652 24

52 20

23 6 23 6

I ATTENTION!!

G.I.S. maps are for informational purposes only and are not intended to represent evidence in title. The representations on these maps could in fact be in error and should not be relied upon as the sole determining factor in the location of any given parcel. The City of Waupaca is not responsible for any inaccuracies contained herein. Individuals should consult legal representation or professional survey advice to confirm and insure accuracy of a given parcel description.

City ofWaupaca

1 inch = 200 feet

Rezoning

Municipal BoundaryRezoning Request

R1

B3

B3

B5

RC

B5

R1

R1

R1

R1

R1 B3

B5

B5

R1

B5

R1

R1

R1

R1

B3

R1

R1B3RC

B5

B3

RC B3

HWY 10

HWY 22

HILL ST

BOWLING LN

S WES

TERN

AVE

SHADOW RD

LAKESIDE PKWY

CTY HWY K

HOLMES RD

WESTERN AVE S

HWY 22

HWY 10

LAKESIDE PKWY

ZoningSingle-Family Residential DistrictTwo-Family Residential DistrictMultiple-Family Residential DistrictNeighborhood Busines DistrictCentral Business DistrictGeneral Commercial DistrictStrip Commercial DistrictPlanned Commercial DistrictPlanned Unit DevelopmentLight Industrial DistrictHeavy Industrial DistrictAgricultural DistrictResource ConservationQuarrying District

City of WaupacaZoning Map

I1 inch = 300 feet

ATTENTION!! G.I.S. maps are for informational purposes only and are not intended to represent evidence in title. The representations on these maps could in fact be in error and should not be relied upon as the sole determining factor in the location of any given parcel. The City of Waupaca is not responsible for any inaccuracies contained herein. Individuals should consult legal representation or professional survey advice to confirm and insure accuracy of a given parcel description.

BUILDING PERMITS NO. PENDING FEE VALUE

January 8 $21,517.70 $12,670,650.00

February

March

April

May

June

July

August

September

October

November

December

TOTAL 8 $21,517.70 $12,670,650.00

ELECTRICAL PERMITS PLUMBING PERMITS

MONTH NO. PENDING FEE MONTH NO. PENDING FEE

January 3 $4,955.92 January 2 $3,630.92

February February

March March

April April

May May

June June

July July

August August

September September

October October

November November

December December

TOTAL 3 $4,955.92 TOTAL 2 $3,630.92

NEW SINGLE FAMILY HOMES

NO. ADDRESS FEE COST/VALUE

NEW APARTMENT BUILDINGS (UNITS)

NO. ADDRESS FEE COST/VALUE

NEW CONDOMINIUMS (UNITS)

NO. ADDRESS FEE COST/VALUE

January 2016

CITY OF WAUPACA

John Lust

Building Inspector

MONTHLY REPORT OF PERMITS ISSUED

GARAGE (G), DECK (D), SHED (S), HVAC (H), PERMIT EXTENSION (E), ZONING (Z), ADDITIONS (A),

COMMERCIAL BLDG. ( C ), AND REMODELING/ALTERATIONS ( R )

PERMIT # ADDRESS PENDING FEE COST/VALUE

15-172-9B ( A ) 1226 Berlin St $14,842.99 Addition $9,850,000

15-172-9H ( H ) 1226 Berlin St $4,990.81 Heating & AC $2,400,000

16-004-1H ( H ) 214 S Main St $108.90 Heating & AC $10,890

16-005-1H ( H ) 721 W Fulton St $75.00 Heating & AC $3,100

16-006-1H ( H ) 730 School St $50.00 Heating & AC $3,160

16-007-1H ( H ) 804 8th St $50.00 Heating & AC $3,500

15-206-10B ( A ) 114 N Oborn St $1,375.00 Addition $400,000

16-008-1Z ( Z ) 410 Jefferson St $25.00 Fence

8 $21,517.70 $12,670,650.00