Town of Brooklyn, Green Lake County, WI

FACTS OF THE CASE:

The property owners 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:

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”.

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.

RECOMMENDATION FOR TOWN CONSIDERATION:

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.

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.

Prepared By OMNNI Associates
Associate Planner – Adam Sayre
For the Town of Brooklyn,
Green Lake County, WI
December 8, 2005

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Planning Staff Report.  Prepared by OMNI Associates for the Town of Brooklyn Plan Commission, Dec. 8, 2005.
Available: www.townofbrooklyn.com/plan-commission/plan-commission-minutes/2005-Dec-08/2589