Plan Commission — Minutes

VILLAGE OF SISTER BAY 1 PLAN COMMISSION MEETING MINUTES 2 TUESDAY , JULY 28, 2026 3 UNAPPROVED 4 5 6 1. Call to Order & Roll Call 7 Chairperson Nate Bell called the Plan Commission meeting to order on Tuesday, July 28, 2026, at 5:30 8 P.M., and roll call was taken. 9 10 Present: Commission members Nate Bell, Jerry Ahrens, Skip Heidler, Brigid White. Laurel Harff was 11 excused. 12 13 Staff Member(s): Village Zoning Administrator Benjamin Andrews, Administrative Assistant Sarah 14 Bertges. 15 16 Others: Beth Matysik, Johanna Ognodnik and Alice, Skyler Witalison, Mary Pat Carlson, Abby Doobie, 17 Erin Peddle. VIA ZOOM: Abby Doobie, Michael Langer, Scott Penniston. 18 19 2. Approve of Agenda 20 Motion to approve the agenda was made by Ahrens and second by Heidler. The motion carried- all 21 ayes. 22 23 3. Approve Meeting Minutes 24 a. June 23, 2026; Regular Meeting 25 Two corrections were noted to the June 23rd minutes. 26 Motion by Ahrens, second by Heidler to approve the minutes as amended. Motion carried- all ayes. 27 28 4. Comments, Correspondence, and Concerns from the Public 29 Bell invited public comment. No members of the public or online attendees offered comment at this 30 time. 31 32 5. Discussion/Action Items 33 a. Site Plan and Architectural Review; Sister Bay General Store, LLC; 10674 North Bay Shore Drive 34 White recused herself from the dais to discuss this item as an applicant. Andrews presented a zoning 35 application for a two-story general store with a basement for storage and kitchen preparation, 36 located at 10674 North Bay Shore Drive within the B3 Downtown District. Andrews confirmed the 37 proposed use is permitted, all dimensional standards are met, parking requirements are exceeded, 38 HVAC screening and dumpster enclosure are compliant, and the lighting plan addresses items from 39 the preliminary review. Andrews also noted that for commercial construction projects, the typical 40 next phase would be the execution of a development agreement unless the Commission chose to 41 exempt that requirement. 42 The applicant, represented by Brigid White, Skyler Witalison of Stantec and architect Michael Langer 43 of Wade Weisman Architecture, addressed the Commission. A notable addition since the preliminary 44 review was a walking trail running from Highway 42 through a wooded area, including a boardwalk 45 over the wetlands, and connecting to Spring Road. The Commission expressed strong support for 46 this addition. 47 Parking: The Commission discussed two parking configurations — a full 40-stall perpendicular layout 48 and a 35-stall angled layout that would preserve significantly more mature trees. Witalison noted 49 that the reduced layout would result in removing 41 trees compared to 57 under the full layout, with 50 six of the preserved trees being two-to-three foot diameter cedars. The Commission acknowledged 51 July 28, 2026 Plan Commission Meeting- Approved as Amended 2 the availability of a public village-owned parking lot approximately 300 feet from the property, as 1 well as the installation of two bicycle racks, as mitigating factors justifying the reduced parking 2 count. After discussion regarding the need to document the rationale clearly in the record, the 3 Commission reached consensus in favor of the 35-stall configuration. 4 Drainage: Witalison indicated that stormwater from the rear of the building will direct toward the 5 existing wetland, while front drainage will connect to a highway catch basin in coordination with the 6 utility department. Neighbor Scott Penniston, owner of the adjacent blue building, appeared via 7 Zoom and expressed concern about water collection between the two properties, near a large tree 8 at the low point. Witalison confirmed that a yard drain and storm sewer collection point would be 9 included to address this. Penniston also raised the concern about disruption to tenants and renters 10 during the period prior to Fall Fest. 11 Propane Tank: Heidler noted that the propane tank as drawn appeared to fall within the required 12 setback. The applicant confirmed the tank would be buried. 13 HVAC Screening: Heidler raised concern about the visibility of rooftop mechanical units from 14 Highway 42 as one descends toward the village. There will be further efforts to screen the HVAC 15 units. 16 Retaining Wall and Materials: Discussion confirmed the retaining wall on the north side would 17 incorporate natural stone consistent with the character of the property. The Commission noted 18 approval of the revised window treatments and the toned-down shingle detailing depicted in the 19 updated artist renderings. 20 Site Preparation/Tree Removal: The applicant inquired whether tree removal could begin prior to 21 Fall Fest, ahead of formal construction. The Commission discussed the distinction between tree 22 removal and ground disturbance. There was general consensus that limited tree removal — without 23 leaving heavy equipment on-site overnight and confined to standard work hours — could be 24 permissible in the quieter period after Labor Day and before Fall Fest, and that the distinction from 25 excavation would be noted in the development agreement. Stump removal was flagged as more akin 26 to excavation and therefore not allowed. 27 Landscaping and Lighting Plan: The Commission requested that a landscaping and lighting plan for 28 the parking area be submitted prior to or in advance of the next meeting, acknowledging that the 29 final plan may follow as a condition of occupancy once excavation is complete. 30 The Commission noted this item would return at the August meeting for final site plan and 31 development agreement review. 32 33 b. Site Plan and Architectural Review; Friends of the Ice Rink/Sister Bay Sports Complex; 2155 34 Autumn Court 35 Miles Dannhausen presented on behalf of the Friends of the Ice Rink, responding to direction from 36 the Commission's May meeting. The revised proposal relocates the Zamboni maintenance garage 37 and chilling equipment to a corner position behind the existing cedar tree line in order to minimize 38 impacts on parking, reduce utility run lengths, and screen mechanicals from view. A proposed fence 39 enclosure around the chilling equipment was also included, and the revised plans incorporated 40 building renderings with LP SmartSide siding in colors referencing the existing parks building. 41 Building Location and Cedar Protection: Heidler raised concern that placing the chiller pad 42 immediately adjacent to the cedar tree line could damage root systems during trenching. The 43 Commission reached consensus that the chiller pad should be moved back from the cedar line while 44 still maintaining required setbacks, with the stated purpose of preserving the existing trees. 45 Garage Doors: The Commission discussed whether all three garage doors needed to be 12 feet in 46 height. Dannhausen explained that the primary Zamboni door and the snow removal equipment 47 door each require 12-foot clearance for safe operation. The third door's necessity was less certain. 48 The Commission directed that the project proceed with approval of three 12-foot doors but included 49 a recommendation for Dannhausen to evaluate whether the size of one or more doors could be 50 July 28, 2026 Plan Commission Meeting- Approved as Amended 3 reduced. Commissioners noted that large overhead doors add a commercial appearance and 1 increase heating costs, referencing operational lessons from the existing parks building. 2 Vegetation Screening: Heidler recommended planting a vegetative screen of cedars or arborvitae 3 along the west side of the building and fence, facing the playground and baseball diamond, to 4 prevent the blank wall and mechanical enclosure from being the dominant view from those areas. 5 Ahrens suggested additional evergreen screening along the southeast edge of the Zamboni drive 6 aisle so that the view from the ice rink surface looking south would be softened rather than opening 7 directly to the building and driveway. The Commission included both as conditions of approval. 8 Propane Tank: Heidler noted the propane tank as drawn appeared to be in an exposed location near 9 the parking area. The Commission directed that the tank either be screened appropriately or buried, 10 subject to subsurface conditions. The bedrock encountered in that area was noted as a potential 11 factor in cost. 12 Colors and Design: The Commission noted inconsistency in door colors across different renderings 13 and directed that the final color scheme be resolved before construction, with overhead doors and 14 man doors matching and avoiding more than two contrasting colors on the building exterior. 15 Development Agreement: Andrews confirmed that as a municipal project, no development 16 agreement would be required. The zoning permit, once issued, would be valid for one year with 17 extension available if needed. 18 Phasing and Timeline: Dannhausen outlined that the primary timeline unknowns are WPS electric 19 service routing and Keller's construction schedule. The Commission acknowledged that the ice rink 20 surface, chillers, and Zamboni building each represent separate phases, and that the ice rink could 21 potentially be operational in a limited capacity — using natural cold weather — even if the building 22 is not yet complete. The Commission agreed that construction should not interfere with the ice rink 23 during the winter season and that the baseball season construction impacts should be avoided 24 where possible. 25 Motion to approve the site plan for the Friends of the Ice Rink/Sister Bay Sports Complex, without a 26 development agreement, subject to the following conditions: (1) approval of three 12-foot doors 27 with a recommendation to evaluate reduction in door size; (2) repositioning of the chiller pad to the 28 south while maintaining setback requirements, with the intent to preserve the existing cedar trees; 29 (3) requirement for vegetative landscaping along the west side of the building and fence, and along 30 the southeast edge of the driveway; and (4) requirement that the propane tank be screened or buried 31 — was made by White and second by Ahrens. The motion carried – all ayes. 32 33 c. Text Amendment Revisions Discussions 34 Andrews presented updates to three proposed text amendments previously discussed at the June 35 meeting: Accessory Dwelling Units (ADUs), automotive body and mechanical repair in the B1 district, 36 and the fee-in-lieu of parking program. 37 38 Automotive Body and Mechanical Repair — B1 District: Andrews presented proposed red-line 39 language for page 114 of the zoning code, incorporating performance standards for noise, volatile 40 chemicals, vehicle storage, and compatibility with the district. Heidler raised the broader concern of 41 whether this use type was better suited as a conditional use rather than a permitted use, given its 42 potential impact on adjacent residential properties, including property values and noise levels. 43 Heidler noted that making it a conditional use would require a public hearing and notification of 44 neighboring property owners for each specific application. 45 Ahrens and Bell both acknowledged that the use is substantively similar in impact to already-46 permitted uses such as automotive sales and service, and that boat sales and service, which involves 47 comparable service work, is already listed as a permitted use. They expressed concern that isolating 48 this use as a conditional use would be inequitable without a broader review of the permitted use list 49 and could trigger a protracted re-examination of the entire B1 district use table. 50 After discussion, the Commission reached consensus to include automotive body and mechanical 51 repair in the B1 district as a conditional use, while acknowledging that a more comprehensive review 52 July 28, 2026 Plan Commission Meeting- Approved as Amended 4 of the permitted use list should occur in the future. The Commission also noted that a public hearing 1 will be held when these text amendments are formally advanced, providing adjacent property 2 owners an opportunity to be heard on the zoning change itself. 3 Heidler additionally recommended that the proposed language for this use include cross-references 4 to existing code sections on parking and vehicle storage (Section 66-403.5) and air pollution and 5 odor standards (Section 66-080-2), rather than restating those requirements, to ensure the 6 standards apply by reference and avoid redundancy. 7 8 Accessory Dwelling Units (ADUs): Andrews summarized the direction from the prior meeting: ADUs 9 would be not be allowable in the R4 district, both attached and detached; limited to one ADU per 10 principal structure; height capped at no greater than the principal structure; parking requirement of 11 one additional off-street space; and the removal of a minimum square footage threshold. Andrews 12 also reported that proposed state legislation that would have allowed municipalities to restrict ADUs 13 as short-term rentals did not pass and is not expected to move forward, leaving the village limited in 14 its ability to restrict rental use. 15 The Commission engaged in substantive discussion about the tension between enabling ADUs for 16 their intended benefits — multigenerational housing, aging-in-place, employee housing, and 17 affordable long-term rental — while acknowledging the risk that ADUs could be utilized as additional 18 short-term rentals or as investment vehicles. Heidler raised concern about whether allowing 19 detached ADUs could expand the short-term rental supply. Bell noted that owner-occupancy 20 requirements, if tied to declared primary residency, could serve as a meaningful limitation, and 21 expressed interest in consulting the village attorney about available legal tools before finalizing the 22 language. 23 A member of the public, Mary Pat Carlson of Scandia Road, addressed the Commission, emphasizing 24 the need for ADUs as a tool for families to remain in the community and care for aging relatives, and 25 urging the Commission to ensure that accessibility requirements — including adequate square 26 footage for wheelchair and walker maneuverability — are not overlooked in setting size parameters. 27 White echoed this concern, noting that a single-bedroom, 600-square-foot unit would likely be 28 insufficient for an elderly or mobility-impaired occupant, and recommended the minimum not fall 29 below 800 square feet. Ahrens suggested eliminating any minimum square footage entirely and 30 allowing the building code to govern, while preserving a meaningful maximum. The Commission 31 discussed the possibility of tiering the maximum square footage to allow a larger unit for ADA-32 accessible construction. 33 The Commission agreed to continue this discussion at the August meeting, with Bell planning to 34 consult with the village attorney regarding owner-occupancy mechanisms, and Commissioners 35 directed to review sample ADU floor plans before the next meeting. The Commission further agreed 36 to defer any consideration of ADUs in business districts to a future discussion. 37 38 Fee-in-Lieu of Parking: Andrews reported that this item requires additional time to gather real-world 39 data and framework analysis. No substantive discussion was held; the item will return in a future 40 meeting. 41 42 Development Agreement Execution Timeline: Andrews noted that the current zoning code requires 43 a development agreement to be executed within six months of Village Board approval, and that this 44 timeline has in practice led to situations where agreements were left unsigned for extended periods, 45 creating complications. The Commission discussed shortening this window significantly, ultimately 46 reaching consensus on a 45-day execution period from the date of Village Board approval and 47 presidential signature, which would provide adequate time for attorney review while eliminating the 48 opportunity for delay as a negotiating tactic. Andrews confirmed that a developer failing to sign 49 within 45 days would forfeit the agreement, which could then be resubmitted to the board if the 50 project remained active. 51 July 28, 2026 Plan Commission Meeting- Approved as Amended 5 1 d. Review of Development Agreement Template 2 Andrews presented the standard development agreement template, associated memorandum of 3 agreement, and liability and bonds clarification documents for Commission review. Andrews noted 4 that in practice, prior approved development agreements have at times been used as templates 5 rather than the official standard document, and that a review of past agreements would be 6 warranted to ensure consistency. 7 8 6. Zoning Permit Log 9 Andrews distributed the zoning permit log, which had been sent the morning of the meeting. The log 10 reflected three active permits: the Sister Bay General Store (discussed under Item 5a), the Friends of 11 the Ice Rink (discussed under Item 5b), and an accessory structure permit for a property on 12 Westwood Drive. 13 14 7. Matters to be Placed on a Future Agenda or Referred to a Committee, Official or Employee 15 The following items were noted for future agendas: continuation of ADU text amendment 16 discussions including attorney consultation and sample floor plan review; advancement of the 17 automotive body and mechanical repair B1 conditional use language; the 45-day development 18 agreement execution timeline code change; and fee-in-lieu of parking data collection. 19 20 8. Next Meeting 21 The next Regular Monthly Meeting of the Plan Commission is scheduled for Tuesday, August 25, 22 2026 at 5:30 P.M., to be held in the Large Meeting Room at the Sister Bay-Liberty Grove Fire Station. 23 24 9. Adjournment 25 Motion to adjourn at 8:54 PM. 26 Motion by Heidler second by Ahrens. Motion carried -all ayes. 27 28 Respectfully submitted by Sarah Bertges, Administrative Assistant 29