P:\Plan Commission\Agendas\2017\June 20, 2017 Agenda.doc

AGENDA FOR THEPLAN COMMISSION

Date and Time: Tuesday, June 20, 2017, 5:15 PMLocation: Council Chambers, Municipal Building, 135 4th Street, Baraboo, WisconsinPlan Comm Notices: Mayor Palm, P. Wedekind, D. Thurow, R. Franzen, P.Liston, J. O’Neill, T. Kolb, K. FitzwilliamsOthers Noticed: T. Pinion, E. Geick, E. Truman, Andy Fitz, David McMurray, Rafael Viana, Ronda Telvick, Dave

Christian, Nick Anstett, Paul Young, Library, and Media.

PETITIONERS OR REPRESENTATIVES MUST BE PRESENT OR SUBJECT WILL NOT BE HEARD BY THECOMMISSION!

1. Call to Ordera. Note compliance with the Open Meeting Law.b. Approve agenda.c. Approve May 16, 2017 meeting minutes.

2. Public Invited to Speak (Any citizen has the right to speak on any item of business that is on the agenda forCommission action if recognized by the presiding officer.)

3. Public Hearinga. Public Hearing to consider the request by Jeff Smith (Owner), and AT&T (Applicant) for a Conditional Use Permit

to allow the construction of a 199-ft. tall Mobile Service Support Structure (monopole cell tower) and equipmentstructure in an A-1 Agricultural Transition zoning district, located in the SW ¼ of Section 2, T11N, R6E, City ofBaraboo, Sauk County, Wisconsin at 1100 Waldo Street.

b. Public Hearing to consider request by David McMurray, d/b/a M of N Vapors for a Conditional Use Permit toallow a variable message sign in a B-3 Highway Oriented Business Zoning District, located at 830 US Hwy 12, #5,City of Baraboo, Sauk County, Wisconsin.

4. New Businessa. Consideration of Jeff Smith’s (Owner), and AT&T’s (Applicant) request for a Conditional Use Permit to allow the

construction of a 199-ft. tall Mobile Service Support Structure (monopole cell tower) and equipment structure in anA-1 Agricultural Transition zoning district, located in the SW ¼ of Section 2, T11N, R6E, City of Baraboo, SaukCounty, Wisconsin at 1100 Waldo, City of Baraboo, Sauk County, Wisconsin.

b. Review and approval of the site plan for AT&T’s proposed 199-ft. tall Mobile Service Support Structure(monopole cell tower) and equipment structure in an A-1 Agricultural Transition zoning district at 1100 WaldoStreet.

c. Consideration of David McMurray’s, d/b/a M of N Vapors, request for a Conditional Use Permit to allow a variablemessage sign in a B-3 Highway Oriented Business Zoning District, located at 830 US Hwy 12, #5, City ofBaraboo, Sauk County, Wisconsin.

d. Review a Conceptual Development Plan to convert the existing single-family residence at 102 9th Avenue to aduplex, located on the northwest corner of Oak and 9th in an R-1A Single Family Residential zoning district ByRafael Viana.

e. Consider request by David Christian to review a Conceptual Development Plan in accordance with Step 2 of thePlanned Development Process to allow used car sales at Broadway Auto Care, located at 620 Broadway, in a B-1,Central Business zoning district.

f. Review and recommendation on the annexation and zoning upon annexation of two parcels of land on the west sideof Moore Street, located in the SE ¼ of the SE ¼ Section 34, T12N, R6E in the Town of Baraboo, totalingapproximately 4.17 acres owned by Nicholas Anstett and Paul Young.

5. Adjournment Phil Wedekind, Mayor DesigneeAgenda prepared byKris Jackson, 355-2730,Ext.309

Agenda Posted by Kris Jackson on June 16, 2017

PLEASE TAKE NOTICE, that any person who has a qualifying as defined by the Americans with Disabilities Act that requires the meeting or materials atthe meeting to be in an accessible location or format, should contact the Municipal Clerk, 135 4th St., or phone 355-2700, during regular business hours at least 48hours before the meeting so that reasonable arrangements can be made to accommodate each request.

It is possible that members of, and possibly a quorum of members of, other governmental bodies of the City of Baraboo who are not members of the aboveCouncil, committee, commission or board may be in attendance at the above stated meeting to gather information. However, no formal action will be taken by anygovernmental body at the above stated meeting, other than the Council, committee, commission, or board identified in the caption of this notice.

FOR INFORMATION ONLY, NOT A NOTICE TO PUBLISH.

Members noticed must notify the person who preparedagenda (see below) at least 24 hours before the meetingas to whether they will not be able to attend thismeeting.

Minutes of Plan Commission Meeting May 16, 2017

Call to Order – Phil Wedekind called the meeting of the Commission to order at 5:15 PM.

Roll Call – Present were Phil Wedekind, Dennis Thurow, Roy Franzen, Pat Liston, Tom Kolb, and KateFitzwilliams. Jim O’Neill was absent.

Also in attendance were Tom Pinion, West Laymon, and Ben Bromley.

Call to Ordera. Note compliance with the Open Meeting Law. Wedekind noted compliance with the Open Meeting

Law.b. Agenda Approval: Liston moved, seconded by Kolb to approve the agenda as posted. Motion carried

unanimously.c. Minutes Approval: It was moved by Kolb, seconded by Franzen to approve the minutes of the April

18, 2017 meeting. Motion carried unanimously.

Public Invited to Speak (Any citizen has the right to speak on any item of business that is on the agendafor Commission action if recognized by the presiding officer.) There were no speakers.

New Businessa. Review Concept Plan for a prospective amendment to Laymon Properties’ General Development Plan

and Specific Implementation Plan to allow car rentals and the sale of used cars at their DB Auto Bodyautomobile repair and service business at 215 South Blvd., in accordance with Step 2 of the PlannedDevelopment process – Wes Laymon of DB Auto Body introduced himself to the Commission. Pinionstated that this was a concept review only; therefore, it is informal and non-binding. He said that thePlan Development Overlay District supersedes the underlying zoning which is B-3, and the PlannedOverlay restricts it to just the use contained in the Zoning Ordinance, which in the case is an autobody repair shop. He said that Laymon is now looking to expand operations to include a car rentalbusiness as well as the opportunity to sell used cars. Laymon said that one has to be a car dealer torent cars. Laymon said that the insurance industry wants them to have free loaner cars; however, theywould not insure those cars. It was stated that the City would have to approve the request beforeLaymon would be able to obtain a car dealership license. Liston asked what Laymon’s inventorywould be for rental cars, Laymon answered four or five. Laymon said that he didn’t feel that therewould be more than five to eight cars on the premises. Pinion said that the number of vehicles couldbe limited through the PUD. Kolb asked if Laymon could be a dealer in name only and still have a carrental. Laymon said that his understanding is that there has to be one car on the lot for sale. Kolbasked if this would be a national rental, and Laymon said that they would write their own contracts.Liston understands what Laymon is trying to do, but feels that there is an abundance. Pinion statedthat what makes this unique is that on-site auto-body service is offered. Pinion said that the regulatoryside, it is relatively easy to write up the ordinance; however, on the practical side, the enforcement ofthat is more difficult. Pinion said whether it is material or not, a conditional use probably is a simplerregulatory path to follow, and the Commission can review Conditional Use for compliance at anypoint. He said the Planned Development is more of a formal zoning matter, but any rezoning can beinitiated by the property owner, or by the City. Therefore, if the commission is inclined to approve it,or recommend it to the Council, it does not mean that it is that way forever, if Laymon said eight carsand there were 20 cars, the City can initiate a zoning action that could repeal that portion of the PUD.Pinion feels that Laymon is able to take the pulse of the Commission members based on the feedbackgiven and he can decide whether to proceed with a formal application that would be reviewed by thePlan Commission with a recommendation to Council. He said the difference between ConditionalUse, which is regulated exclusively by the Plan Commission, rezoning ultimately go to the Council,with the Plan Commission serves as an advisory board with the Council for zoning matters. If the Plan

Commission is unanimously, there is no guarantee that the Council is going to approve it. Pinion saidthat the request is in Laymon’s court, if he decides to proceed with this formally, it would be a $275rezoning request. Kolb asked if it would be the same for a Conditional Use. Pinion said that aConditional Use would be exclusively with the Plan Commission; however, since the PUD ZoningOverlay is what governs, he does not know if a Conditional Use can be used as a mechanism to amendthe zoning, he would have to defer to the City Attorney for advice.

b. Review the Final Report for the East Side Corridor Study – Pinion said that this is information item onthe agenda to make the Commission aware that this study is complete. He said that the only thing thathas to be decided for the long term rather than the short term is whether it is appropriate to incorporatethat study formally into the City’s Comprehensive Plan. Liston felt that it would be a waste of moneynot to incorporate the study into the Comprehensive Plan.

Adjournment - It was moved by Kolb, seconded by Liston to adjourn at 5:52 p.m. The motion carriedunanimously.

Phil Wedekind, Mayor Designee

PLAN COMMISSION ITEM SUMMARYJune 20, 2017

SUBJECT: CONSIDERATION OF JEFF SMITH’S (OWNER), AND AT&T’S (APPLICANT) REQUESTFOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 199-FT.TALL MOBILE SERVICE SUPPORT STRUCTURE (MONOPOLE CELL TOWER) ANDEQUIPMENT STRUCTURE IN AN A-1 AGRICULTURAL TRANSITION ZONING DISTRICT,LOCATED IN THE SW ¼ OF SECTION 2, T11N, R6E, CITY OF BARABOO, SAUK COUNTY,WISCONSIN AT 1100 WALDO, CITY OF BARABOO, SAUK COUNTY, WISCONSIN.

SUMMARY OF ITEMS (A & B): Mastec Network Solutions, on behalf of AT&T, has submitted a CUP Applicationand Site Plan for this proposed cell tower at 1100 Waldo Street. Excerpts from their submittal are included in yourpacket.

The 199-foot height does not require any review by the FAA and the proposed tower is reportedly 66 feet lower than thenearby radio tower. I believe it would be prudent to require a light on the top of the monopole as a precautionary measurefor aviation safety.

COMPLIANCE/NONCOMPLIANCE:Pursuant to Section 17.37 – Conditional Use Review and Approval, I have found the application to be complete and havereviewed it for compliance with the ordinance.

Pursuant to Section 17.47 – Site Plan Review and Approval, I have found the site plan to be complete and have reviewedit for compliance with the ordinance.

ACTION: Approve / Deny the Conditional Use Permit (with certain conditions?)ACTION: Approve/Conditionally Approve / Deny the Site Plan_____________________________________________________________________________________________

SUBJECT: CONSIDERATION OF DAVID MCMURRAY’S, D/B/A M OF N VAPORS, REQUEST FOR ACONDITIONAL USE PERMIT TO ALLOW A VARIABLE MESSAGE SIGN IN A B-3HIGHWAY ORIENTED BUSINESS ZONING DISTRICT, LOCATED AT 830 US HWY 12, #5,CITY OF BARABOO, SAUK COUNTY, WISCONSIN.

SUMMARY OF ITEM C: Mr. McMurray is requesting a Conditional Use Permit for a 15” x 52” (5.5 sq ft) electronicvariable message sign that will be displayed on the inside of the existing window facing US Hwy 12. Following is anexcerpt from the definitions section of our Zoning Code:

Electronic Variable Message Sign. A sign that displays messages where the message may be changedelectronically, either by using a frame by frame display or by scrolling the message. This sign shall notchange the message displayed at intervals of less than two seconds, not shall a scrolling message travel at arate slower than 16 light columns per second or faster than 32 columns per second. This sign shall only displayletters or numbers of no art animations or graphics may be displayed. This sign shall not contain, include orbe illuminated by lights or illuminations that flash, scintillate, blink, flicker, vary in intensity, nor shall suchsigns be illuminated to a degree of brightness that is greater than necessary for adequate visibility, usingstandards applied by the Wisconsin Department of Transportation.

For comparison sake, the following is a summary of the DOT’s standards for variable message signs as contained inSection 84.30(4)(bm) Stats, which basically says the message must be:

completely static while displayed be displayed for 6 seconds or more change within 1 second lighted only to the brightness needed to make it visible, so that it is not hazardous to motorists – must not

flash

COMPLIANCE/NONCOMPLIANCE:Pursuant to Section 17.37 – Conditional Use Review and Approval, I have found the application to be complete and havereviewed it for compliance with the ordinance.

ACTION: Approve / Deny Conditional Use Permit (with certain conditions?)______________________________________________________________________________________________

SUBJECT: REVIEW A CONCEPTUAL DEVELOPMENT PLAN TO CONVERT THE EXISTING SINGLE-FAMILY HOME AT 102 9TH AVENUE TO A DUPLEX, LOCATED ON THE NORTHWESTCORNER OF OAK AND 9TH IN AN R-1A SINGLE FAMILY RESIDENTIAL ZONINGDISTRICT BY RAFAEL VIANA.

SUMMARY OF ITEM D: This is only the review of a preliminary concept plan. Should this project proceed, theapplicant will request a Conditional Use Permit that will be reviewed by the Commission at a future date.

Mr. Viana is the prospective buyer of this foreclosed property. The most recent owners have used the building as a single-family home for the last several years. Prior to that, it had historically been used as a duplex. Mr. Viana would like toknow the likelihood of the Commission favorable review of a formal CUP Application before he submits an offer on theproperty.

ACTION: Provide informal feedback relating to the proposed conversion of this home to a duplex. No formalaction is necessary and any feedback you care to offer is non-binding.

_____________________________________________________________________________________________

SUBJECT: CONSIDER REQUEST BY DAVID CHRISTIAN TO REVIEW A CONCEPTUALDEVELOPMENT PLAN IN ACCORDANCE WITH STEP 2 OF THE PLANNEDDEVELOPMENT PROCESS TO ALLOW USED CAR SALES AT BROADWAY AUTOCARE, LOCATED AT 620 BROADWAY, IN A B-1, CENTRAL BUSINSS ZONINGDISTRICT.

SUMMARY OF ITEM E: This is only the review of a preliminary concept plan. Should this project proceed, it willlikely be a PUD with a full GDP/SIP submittal that will be carefully reviewed by the Commission at a future date.

Dave Christian would like to add used car sales to his existing business at 620 Broadway and he is looking for somefeedback from the Plan Commission before proceeding with a formal application. Automobile Sales and Service isneither a permitted use nor a conditional use in the current zoning district. The property would either need to be rezonedto B-2 or B-3 or have a Planned Development Overlay zoning applied to the property to permit such a use.

COMPLIANCE/NONCOMPLIANCE:Pursuant to Section 17.36B – Planned Unit Developments, I have found the application to be complete and have reviewedit for compliance with the ordinance.

ACTION: Provide informal feedback relating to the proposed land use. No formal action is necessary and anyfeedback you care to offer is non-binding.______________________________________________________________________________________________

SUBJECT: REVIEW AND RECOMMENDATION ON THE ANNEXATION AND ZONING UPONANNEXATION OF TWO PARCELS OF LAND ON THE WEST SIDE OF MOORE STREET,LOCATED IN THE SE ¼ OF THE SE ¼ SECTION 34, T12N, R6E IN THE TOWN OFBARABOO, TOTALING APPROXIMATELY 4.17 ACRES OWNED BY NICHOLAS ANSTETTAND PAUL YOUNG.

SUMMARY OF ITEM F: Nicholas Anstett and Paul Young have petitioned for the annexation of their property, whichis located on the south side of the Baraboo River on the west side of Moore Street. The Anstett parcel is occupied by asingle-family home and garage and the Young parcel has only an accessory structure as the single-family home was razedseveral years ago. They would like to have their property zoned as R-1A, Single-Family Residential upon annexation. Ihave included a map of the showing the property that is proposed to be annexed.

COMPLIANCE/NONCOMPLIANCE:The City Clerk has found the annexation petition to be complete.

ACTION: Forward the Petition to the Common Council with a recommendation to Approve the annexationand recommend an appropriate Zoning Classification upon annexation.

______________________________________________________________________________________________

P:\Engineering\Annexations\Annexationpetition-residentsonland_Anstett_060917.doc

City of Baraboo PETITION FOR DIRECT ANNEXATION135 4th Street BY UNANIMOUS APPROVALBaraboo, WI 53913 Pursuant to Section 66.0217(2) WI Statutes(608) 355-2700 phone( 608) 356-9666 fax

To: The Mayor and Common CouncilCity of Baraboo, Wisconsin

We, the undersigned, constituting all of the owners and electors of the following described territoryproposed for annexation to the City of Baraboo, petition the Mayor and Common Council of the City toannex in accordance with Section 66.0217, Wis. Stats. to the City of Baraboo, Sauk County, Wisconsin theterritory described below presently located in the Town of Baraboo, Sauk County, Wisconsin.

See attached Exhibit “A”

The territory to be annexed is contiguous to the City of Baraboo.

To current population of the territory to be annexed is 3.

All territory proposed to be annexed is located in Sauk County, Wisconsin.

A copy of scale map showing the area proposed for annexation is attached hereto and incorporation byreference. The zoning classification requested upon annexation is R1-A, Single Family Residential.

Signature of Petitioner Address Date of Signing Status

___________________________ S3239A Sand Road ________________ ______________Paul S Young Baraboo, WI 53913

___________________________ S4845 Moore Street ________________ ______________Nicholas Gene Anstett Baraboo, WI 53913

___________________________ S4845 Moore Street ________________ ______________Nicole Rene Anstett Baraboo, WI 53913

For Office Use Only

A non-refundable fee of $350 mustaccompany this petition.

Fee Paid $_______________Receipt #________________

Request forAnnexation Review

Wisconsin Department of Administration

WI Dept. of AdministrationMunicipal Boundary Review101 E. Wilson Street, 9th FloorMadison WI 53703608-264-6102 Fax: 608-264-6104wimunicipalboundaryreview@wi.govhttp://doa.wi.gov/municipalboundaryreview/

Petitioner Information Office use only:

Name: NICHOLAS GENE ANSTETT / PAUL S YOUNG

Address: S4845 MOORE STREET / S3239A SAND ROAD

BARABOO, WI 53913 / BARABOO, WI 53913

Email: nickanstett@gmail.com

1. Town where property is located: TOWN OF BARABOO Petitioners phone:

2. Petitioned City or Village: CITY OF BARABOO 608-477-3236 / 608-356-4209

3. County where property is located: SAUK COUNTY

4. Population of the territory to be annexed: 3Town clerk’s phone:608-356-5170

5. Area (in acres) of the territory to be annexed: 4.1686. Tax parcel number(s) of territory to be annexed(if the territory is part or all of an existing parcel): 002-1060-00000

and 002-1062-00000City/Village clerk’s phone:608-355-2700

Contact Information if different than petitioner:

Representative’s Name and Address: Surveyor or Engineering Firm’s Name & Address:

Phone: Phone:

E-mail: E-mail:

Required Items to be provided with submission (to be completed by petitioner):1. Legal Description meeting the requirements of s.66.0217 (1) (c) [see attached annexation guide]2. Map meeting the requirements of s. 66.0217 (1) (g) [see attached annexation guide]

3. Signed Petition or Notice of Intent to Circulate is included4. Indicate Statutory annexation method used:

Unanimous per s. 66.0217 (2), or,OR Direct by one-half approval per s. 66.0217 (3)

5. Check or money order covering review fee [see next page for fee calculation]

(2012)

P:\Engineering\Annexations\Anstett & Young Annexation_Legal Desc 060917.Docx

EXHIBIT “A”

LEGAL DESCRIPTION FOR PROPERTY TO BE ANNEXED TO THE CITY OF BARABOO

FROM THE TOWN OF BARABOO, SAUK COUNTY, WISCONSIN.

Tax Parcel No. 002-1060-00000 Tax Parcel No. 002-1062-00000

Owner: Nicholas Gene Anstett Owner: Paul S Young

Parcel Address: S4845 Moore Street Parcel Address: S3239A Sand Road

Baraboo, WI 53913 Baraboo, WI 53913

A portion of the SE ¼ of the SE ¼ of Section 34, Township 12 North, Range 6 East described as follows:

Beginning at a point on the west line of the SE ¼ - SE ¼ of Section 34, T12N, R6E on the south bank of the

Baraboo River; thence easterly along said river bank to a point that is 100 feet north of a point that is 250

feet southwesterly of a point that is 165 feet west and 674.8 feet north of the southeast corner of Section 34;

thence south 100 feet; thence northeasterly 250 feet to a point 165 feet west and 674.8 feet north of the

southeast corner of Section 34; thence east 165 feet to the east line of Section 34; thence north to a point on a

line parallel with and 8 feet southwesterly of the south line of the former C&NW RR ROW; thence

northwesterly along said line to a point that is at the intersection of a line 8 feet southwest and parallel with

the southwest ROW line of the former CN&W RR and a line that is on a line 54º northeast of a point 828.8

feet north and 148.5 feet west of the SE corner of said Section 34; thence southeasterly 54º to a point on a

line that is 151 feet west of the east line of Section 34; thence south to a point 735.8 feet north and 151 feet

west of the SE corner of Section 34; thence southwesterly to a point 686.8 feet north and 363 feet west of the

SE corner of Section 34; thence north to the south bank of the Baraboo River; thence northeasterly along the

Baraboo River to the east line of Section 34; thence north along the east line of Section 34 to a point 3,825

feet south of the northeast corner of said Section 34, said point being on the line of the former Island Woolen

Mill Dam; thence westerly along the line of the former dam to the center of the Baraboo River; thence

southerly, southwesterly and westerly along the center of the Baraboo River to the west line of SE ¼ - SE ¼

of said Section 34; thence south to the point of beginning.

ANSTETT AND YOUNG ANNEXATION MAP

MOOR

E ST

CARPENTER ST

SHAW ST

BARABOO RIVER

LegendCITY OF BARABOO µ

200 0 200100 Feet

AREA TO BE ANNEXEDFROM TOWNSHIP OF BARABOO

FORMER ISLANDWOOLEN MILL DAM

VILLAGE OF WEST BARABOO

+U SE CORNER OFSECTION 34

CITY OF BARABOO CITY LIMITS

002-1060-00000

002-1062-00000