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Link to Town Board Meetings |
November 12, 2002 Planning Commission 6:30 p.m. Meeting was called to order at 6:30 p.m. with Ken Dahlstrom, Jane Babik, Maureen Eckert, Brian Wanasek and Bob Willard present.
Julie Anderson, Racine County Planning and Development, and Betty Novy, Planning Secretary, were also present.
Jane moved, 2nd by Bob to approve minutes of the October 7, 2002 meeting as printed. Motion carried.
Request for Reconsideration of Approval/ Certified Survey Map Parcel #014-03-19-06-006-020: Fairview Street, Honey Creek (Owner: Leonard Arnouts) Request made by: Mark Malison (Owner: Parcel #014-03-19-06-006-010; 35402 Washington Avenue)
Mark Malison, an abutting property owner, indicated layout of the approved CSM leaves back acreage of his parcel untouched by a public road. He recently became aware of the land division and asked that approval be reconsidered to include extension of Fairview Street so that it would touch the back of his parcel. He indicated he would like to divide his parcel some day and build a home on the back lot.
Leonard Arnouts stated he will not spend any more money than he already has to to improve the road. He only wants to improve what will benefit his property. Leonard indicated a cost of $85.00 per foot to put in the road. He further explained a problem with extension of road right of way is that he then loses adequate frontage to create his proposed lots. The road would have to be extended at least 300 feet to give him adequate frontage.
It was explained the Plan Commission rejected the Town Engineers advice to extend the road due to the Land Use Plan’s 5-acre density requirement. Affect of the Land Use Plan is such that it will not allow any division to Mark’s land.
Mark questioned why Leonard was allowed to create a one acre lot with his CSM. Response was these were lots of record platted 94 years ago.
Mark stated he purchased the property from the Demuths’ with the understanding that the land could be divided in the future. This was a promise of the sale.
It was determined that back at that time it could have been divided. But, implementation of the Land Use Plan changed that.
The status of Leonard’s division was questioned. It was stated as approved, but not yet recorded. Road construction plans must be approved before the CSM will be signed and recorded. Jane asked for the last revision date on the approved CSM. It was stated as June 20, 2002.
Mark further explained his situation as owning 4.93 acres; a pole barn closes off access to the back 2.5 acres. The land which is cut off has more acreage than the land fronting on Washington Avenue.
There was question on whether Mark and Leonard could work something out to share costs of extending the road.
Brian pointed out an arc in Mark’s property was initially put in for extension of Fairview Street to accommodate 7 additional lots. The Land Use Plan was not in affect at that time. He indicated the parcel is not land-locked because of frontage on Washington Avenue. Mark would have to negotiate with his neighbor to extend the road 300 feet to have necessary frontage for his and Leonard’s proposed lots.
A suggestion was made that Mark purchase the one-acre lot created by the division, this may be less expensive than extending the road and allow back access to his lot off of Langmaid Street. Mark indicated he did not have adequate funds for that option. It was explained that even if Mark’s land was land-locked, as a benefited property owner he would have to offer some compensation to Leonard for extending the road.
The question was put to Mark and Leonard whether they wished to negotiate this on their own and come back to the next Plan Commission meeting for further consideration of the issue. Mark stated there would be no negotiation.
Maureen moved, 2nd by Brian that original approval of the CSM dated June 20, 2002 stay as voted. Motion carried.
Conceptual Land Division creating two parcels out of one: 29503 Evergreen Drive Owners: Ronald S. & Deirdre L. Fladwood/ Agent: Lu Robbins (Parcel #014-03-19-02-001-002)
Lu reported consideration was left off last month when Plan Commissioners agreed to go look at the lots and come back with their thoughts.
Maureen reported seeing no redeeming quality to the environmental corridor issue. Her opinion was to allow the division and sewer access.
Brian reported his opinion that the area in which the proposed lot lies is only an appendage of environmental corridor. There are houses on three of four sides of the lot. His preference is to allow the house in the sewer district. Any environmental corridor affected is only on the edge and already between two houses.
Jane stated agreement with Brian and Maureen.
Bob stated while environmental corridor should always be an item of concern, in this case the proximity of other houses does not make it as critical of a piece.
Brian moved, 2nd by Bob to offer conceptual approval of the land division. Motion carried.
Conceptual Land Division creating seven parcels out of one: south side of Washington Avenue (CTH “D”_ between Oak Knoll Road and Heritage Avenue Owners: Pointe West LLP/ Agent: Patricia Hurley (Parcel #014-03-19-04-007-000- 36.15 acres
Pat reported Davidson Engineering has performed a hydrology study and that the report has been given to the Town Engineer for consideration. The proposed lot lines may have to be adjusted somewhat based on results of the report. Pat considers this land unique in that it has existing road frontage of over 3,000 feet. It was verified Racine County Public Works will allow access of one driveway off of CTH “D”.
Ken stated preference that a cluster type design be submitted for this development.
Pat stated opinion that cluster designs are meant to preserve natural features. She does not feel they should apply to flat open land. As a developer, she must think of sale-ability. “When people want 5 acres, they want their own.” If the property had a stream or woods on it, then it would have qualities to make the cluster concept more attractive to prospective buyers. It would cost her a couple hundred thousand dollars in potential value to implement a cluster design on this property. It is their intention to burm all along CTH “D” and create retention ponds to help with attractiveness. Pat asked for conceptual approval and stated the division would be accomplished through the subdivision process.
Ken stated again he would like to see another configuration.
Bob stated larger lots could be an option; he does not feel there has to be 7 lots just because there can be.
Jane stated she is trying to visualize how this development fits in with the rest in the area. Smaller lots on Heritage might fit in better, with some clustering in the back.
Pat stated existing lots along Heritage Road average 4 acres. The configuration is much like a residential neighborhood.
Julie indicated Racine County has no additional comments other than those presented at the last meeting. She can see the point of trying to cluster, but Racine County has no objection to the proposed division as presented. She suggested Pat find out how drainage will work before going any further so she won’t have to design twice. This may change lot configuration significantly.
Brian commented the Plan Commission may not be able to specify a cluster design. Terms of the ordinance do not yet call for it.
Based on previous developments, Jane and Ken expressed confidence that Pat could develop the property in a more creative fashion.
Conceptual Land Division creating two parcels out of one: 854 N. English Settlement Road Owner: Dayne Revolinski/ Agent: Dean Schmidt (Parcel #014-03-19-13-003-000- 10.3 acres)
Dean reported that Chris Johnson is working on soil testing for the lot. There is an easement through lot 2 to accommodate an existing driveway serving Lot 1. The easement goes through an empty field and does not affect the environmental corridor. The easement does not affect ingress and egress to the Hills property to the south. It was explained the Hills property is land-locked and dependent on the existing driveway easement for access.
Ken expressed concern about ending up with three homes off one driveway.
Louis and Kay Hills were present. They bought their property in 1969 from the Schwarz’s before zoning regulations were in effect. It was noted no driveway or maintenance agreement exist for the access easement.
Dean indicated they intend execute an easement maintenance agreement as part of the CSM process. It was also stated that they may move proposed lot lines around a little due to a clustering of pine trees.
Julie offered the following comments on behalf of Racine County:
1. We are not opposed to the preliminary land division as illustrated.
2. The developer must contact the Racine County Public Works Department for driveway and culvert permits for access onto County Trunk Highway “J”. A shared driveway would eliminate the need for 2 separate access points on the Highway. It appears as though there is an existing driveway or easement off of Highway “J” which enters this parcel.
3. With respect to the 33-foot wide easement located within proposed Lot 2, the language of that easement must be clarified prior to recording of any CSM. A new agreement may be needed so that proposed Lots 1 & 3 still retain legal access through proposed Lot 2.
4. The Racine County Public Works Department should be contacted with respect to any additional right-of-way needs along this portion of County Trunk Highway “J”.
5. The adopted Town of Rochester Land Use Plan identifies the land use on this property as rural density residential and agricultural land (5 to 30 acres per dwelling unit) and primary environmental corridor.
6. We recommend that further land divisions be prohibited from proposed Lots 1 & 2. The density is currently at one dwelling unit per five acres, which is consistent with the intent of the primary environmental corridor.
7. If the land division is approved, any proposed new buildings should be placed outside of the limits of the primary environmental corridor. It appears that there are some existing buildings on proposed Lot 1.
8. The subject land division is not located within the Urban Service Area boundary of the Town. This site is not served by sanitary sewer or municipal water.
9. Evidence of satisfactory soil tests must be submitted, reviewed and approved by the Racine County Code Administration Office prior to obtaining zoning permits for construction on the vacant parcel. The location of the existing private on-site wastewater treatment system (POWTS) serving Lot 1 must be illustrated on the CSM.
Consensus was to offer conceptual approval to the CSM. Legal documents must also be drafted in regards to the easements. One condition of CSM approval will be that “No further divisions shall be allowed”.
Conceptual Land Division creating six parcels out of one: 32800 (Block) Washington Avenue (CTH “D”) Owners: Earl & Beverly Squire (Parcel #014-03-19-04-009-007; 29.68 acres)
Earl reported his purpose of being on the agenda was to have further discussion on road access. As last left off, he was to contact the landowner to the west whose shared driveway access was discussed as potential locale for a proposed road. Matthew Weber, 32804 Washington Avenue, was present and explained he was opposed to the idea of a road being built on his driveway access.
Julie explained the County does not want multiple accesses on this section of CTH “D”. 40 feet was intended as an access point for lots one and two of the original CSM. This was all they were going to allow. The spacing between Heritage and Maple was best at that location. If the developer can prove water detention is a problem at that location, it might allow consideration of another access point. Cecil Mehring, Racine County Public Works, looked back to the original CSM in consideration of this matter. He does not want to back off of requirements set only two years ago. Julie suggested Earl and the abutting property owner go together to discuss this with Cecil. He manages the highways.
Bob clarified that the abutting property owner isn’t specifically concerned about the driveway, but that the proposed subdivision upsets him.
They were directed to go together to talk to Cecil.
For discussion and possible Action: Consider imposing a moratorium of land divisions until such time as the new Land Division ordinance is adopted.
Chuck Haubrich, Land Division Ordinance Committee Chairperson, was present in the audience. He indicated progress on the land division ordinance is such that they predict public hearing and review will take place shortly after the 1st of the year. A moratorium on land divisions is proposed in order to take the Plan Commission out of middle while the new ordinance is being finally reviewed and adopted.
It was stated a meeting for legal review of the ordinance is scheduled for November 20th at 4:00 p.m. with the Town attorney, Town Board, Plan Commission and Subdivision Ordinance Committee.
There was discussion on how to handle those land divisions that have already come before the Plan Commission. Maureen explained that in the past, any one that had come before adoption of the moratorium was allowed to complete their land division.
It was suggested the moratorium be short term, but allow time to complete the ordinance without pressure. It was stated the Land Use Plan moratorium was imposed for an initial 9 month period and then renewable in 6 month increments until such time as the Plan was completed.
Brian moved, 2nd by Maureen to recommended a 3-month moratorium on land divisions provided that people who brought conceptual plans before the Plan Commission prior to passage were exempted. Motion carried.
Maureen moved, 2nd by Jane to adjourn at 8:35 p.m. Motion carried.
Submitted by:
Betty J. Novy Secretary |