TOWN OF ROCHESTER
Racine County, Wisconsin
Municipal Office Phone:  (262) 534-5742;  Facsimile:  (262) 534-4084
Mailing Address:  203 W. Main Street, P.O. Box 352, Rochester, WI  53167

Link to Town Board Meetings

 

Link to Town Board Meetings

October 6, 2003                                              PLANNING COMMISSION                                   6:30 p.m.

 

Meeting was called to order at 6:30 p.m. with Kenneth Dahlstrom, Bob Willard, Brian Wanasek and Chris Johnson present.

 

Attorney Bill Phenicie and Betty Novy, Secretary, were also present.

 

Pledge of Allegiance.

 

Bob moved, 2nd by Brian to approve minutes of the September 2, 2003 meeting as printed.   Motion carried.

 

With regret, Ken read a resignation letter from Jane Babik as follows:

 

Town of Rochester

Gary Beck, Chairman

Rochester, WI 53167

 

Dear Gary,

 

I hereby submit my resignation from the Town of Rochester Planning Commission and the Rochester consolidation committee. I have given a great amount of consideration to this action and feel that it is the best decision for me.

 

There has been a fair amount of controversy over the proposed land division ordinance. However the ordinance itself is not the reason that I am resigning. I would have supported the ordinance with the changes presented had I felt that there was strong support by the board to administer it in a fair and impartial manner.

 

I have come to the conclusion, however, that the direction that this board is heading in is not where I want to go. After I read the minutes from the special board meeting held on October 1st and based on previous discussions, I feel that there is little confidence in the planning commission by the new board members and they have made it clear that the desires of developers and dollars for land sellers will be considered above all else. That is not my philosophy and I cannot endorse it. I believe that it is the obligation of the Town Board and the Planning Commission to make decisions that will be in the best interests of all property owners and all citizens of the township regardless of how many acres they own or how many years they have lived in this community.

 

Thank you, Gary, for the opportunity to serve on the planning commission for all of these years.  I have enjoyed working with you and I only wish good things for the Town of Rochester in the future.

 

Jane has served on the commission for many years and contributed greatly to development of the Land Use Plan and Land Division ordinance.  She will be missed.

 

Application for variance for lot line adjustment to recreate two substandard lots with existing residences located at 317 & 323 County Line Blvd.

(Parcels #014-03-19-18-150-050 & 014-03-19-18-150-056)

 

Gary Harvey addressed the Commission stating the cellar entrance for an abutting property exists over the lot line onto his.  In order for the buyer of his property to qualify for financing, the lot line must be adjusted so there is no encroachment on the land.  It was clarified the requested six foot lot line adjustment will solve the problem.  Brian moved, 2nd by Chris to recommend approval of the variance to Racine County.  Motion carried.

 

Ordinance #8-2003 to repeal and recreate Chapter 27 “Land Division Control”

 

Bill Phenicie reported several minor changes since the ordinance left committee.  At the direction of the Town Board, changes were made to specify the Plan Commission could recommend submission of a Conservation Subdivision Plan, but not require it.  The Town Board has the option of requiring if they concur with the Plan Commission’s recommendation. A habitat assessment requirement as provided by an ecological service provider for primary and secondary environmental corridor could, again, be recommended by the Plan Commission, but not required.  The option of requiring is at the discretion of the Town Board.  There was much discussion defining the term “ephemeral”; “ephemeral” ponds, as specified in the ordinance, commonly means water standing for more than 24 hours.  The term needed to either be specifically defined according to the intent of the ordinance or removed.  Consensus of the commission was to remove the term as intent of its use could be covered by the term “surface water bodies” in the same clause.  There was clarification offered in regards to how a developer would exercise choice of a conventional subdivision design if the Plan Commission recommended use of conservation.  It was explained the developer could request the Plan Commission take a vote to recommend or deny the proposed land division and then take it to the Town Board asking for approval.  From that point forward, the Town Board would have a choice to uphold any recommendation requiring a conservation plan or approve a conventional design and work through the rest of the process with the developer. 

 

Several typographical, section reference, zoning classification and sentence structure errors were referred to Attorney Phenicie for correction.  Consensus of the Plan Commission was to recommend approval of Ordinance #8-2003 “Chapter 27- Land Division Control” requesting additional consideration of the following items:

 

  • reinsertion of the introductory paragraph of section 27.303 and section 27.603(c)* requiring specific depth to width ratios for land divisions of less than ten acres - or some alternative language- to deter creation of piano key lots; and

 

  • amendment of Section 27.404(i) (referring to what must be shown on preliminary grading and storm water management plans) to include the following statement:  Preliminary stormwater management features showing how to minimize runoff of water, sediment and pollutants on site, and to avoid adverse effects on neighboring properties.

 

Brian moved, 2nd by Bob to adjourn at 8:10 p.m.  Motion carried.

 

*(last ordinance draft created by the Land Division Ordinance Committee).

 

Submitted by:

 

 

 

Betty J. Novy

Planning Secretary