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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
Town of Rochester Page 1 September 3, 2002 Planning Commission 6:30 p.m.
Meeting was called to order with Ken Dahlstrom, Jane Babik, Brian Wanasek and Bob Willard present. Maureen Eckert was absent.
Plan Commission Secretary, Betty Novy, was also present. Julie Anderson, Racine County Planning & Development, was absent.
Bob moved, 2nd by Brian to approve minutes of the August 5, 2002 meeting with the following correction:
Conceptual Land Division
creating seven parcels out of one: south side of Washington Avenue (CTH “D”)
between Oak Knoll Road and Heritage Avenue. Owners: Point West LLP/ Agent:
Patricia Hurley Parcel #014-03-19-04-007-000 36.15 acres).
Pat Hurley explained a conceptual plan had previously been submitted on this
parcel for eight lots. They have reduced the number to seven. Ken questioned
the possibility of a conservation subdivision plan for this development.
Motion carried.
1. Adjustment to Conditional Use Permit: 940 N. Browns Lake Drive Owners: General Secretariat of the Franciscan Missions, Inc./ Agent: Dennis R. Lynch (Parcel #014-03-19-15-004-003)
A Memo from Racine County Planning and Development was read advising this item has been referred to the office of Racine County Corporation Counsel for legal opinion. They suggested the item be laid over until staff recommendations can be made.
Invitation was made to individuals present in the audience to discuss the item. However, it was made known no action would be taken.
Atty. Dennis Lynch commented a letter from corporation counsel was drafted in the 1980’s when the original conditional use permit was issued. They do not understand why issuance of the Conditional Use Permit has become a legal concern again.
Information on Franciscan Missions, Inc. was shared as follows: There are two Fathers that live in the residence. They moved operations to this location in the early 1980’s. The purpose of their business is to solicit contributions which support Franciscan Missions around the world. A conditional use permit for printing was granted in 1982. A couple of years ago additional real estate was added. One building is now located on that parcel; along with a trail and prayer stations.
The current scope of operations exceed parameters of the original conditional use permit. They seek to expand the conditional use as follows:
1. The land area has expanded. The area subject to the Conditional Use should include the parcel shown in yellow on the survey attached to the Conditional Use Application. (The Franciscans anticipate a separate Conditional Use request for the balance of their property).
2. To use outbuildings, shown on the site plan, for storage of items imported from mission countries and distributed to benefactors of the Franciscans, woodworking shop, and printing of premium items such as t-shirts, mugs, mouse pads, etc.
3. To retain the existing parking stalls in the front of the residence. Any additional parking to be located in the rear of the residence.
4. The Franciscans would like to be allowed to have a maximum of 15 full-time equivalent employees, including the Fathers. On occasion, unpaid volunteers assist in the fundraising efforts.
5. The existing signage is slightly larger than anticipated in the 1982 permit. They would like to continue to use the existing sign which is 6’6” and 5’4”. A picture of existing signage has been provided with the Conditional Use Permit application.
Town of Rochester Page 2 September 3, 2002 Planning Commission 6:30 p.m.
6. A portion of the upper level of the residence is used for the purposes shown on the floor plan provided with the application.
7. The “work” area in the lower level to be used for both the printing operation as well as periodic staging areas for fabrication of premium items such as bird houses, buttons, plaques and the like.
8. The area to the West of the residence and outbuildings has been “developed” by creation of a walking path and shrines devoted to various saints.
Atty. Lynch indicated the Franciscan Missions pay real estate taxes as condition of the permit granted in the 1982. He stated they do so willingly, although by law they do not have to.
It was indicated the Missions currently have 12 full-time equivalent employees.
Bill Monnin, 906 N. Brown’s Lake Drive, indicated he has lived adjacent to this property for 17 years. He feels Franciscan Mission’s have only improved the property and have made it an asset to the community. It is now in “park like” condition; before it was brambles.
Joanna Storm, 850 N. Brown’s Lake Drive, questioned the Town attorney’s roll in this issue. Since Atty. Dennis Lynch is from the same law firm as the Town’s attorney- does this not present a conflict of interest? Brian indicated “no”. The town’s attorney is not involved in review of this issue. Unless legal advice becomes necessary, he will not be.
Joanna indicated the Franciscan’s website lists 15 employees. She indicated they are already in violation of the existing conditional use permit. She also questioned the impact of more truck and car traffic, what chemicals are in use in the business, and what capacity their septic system was designed for.
Atty. Lynch indicated their septic system is bigger than the Americinn Hotel; they have no concerns.
Joanna questioned whether a culvert permit had been issued. Run-off from a culvert in the Franciscan’s driveway is causing flooding problems. It was clarified the culvert exists outside of road right-of-way on private property. Therefore, it is not subject to any permitting process by either Town or County.
Joanna continued the Missions have been grading and cutting trees down on their land. This is causing erosion; water is being displaced. Concern was also expressed about this being zoned A-2. Truck traffic is increasing. The scope of their operations is increasing to include t-shirts, craft items, and pins. Joanna indicates this is all verified on their website. They also appear to be pushing their limit on employees. The question of what “full-time equivalent employees” means was clarified as one 40-hour full-time employee or two 20-hour part-time employees, four 10-hour part-time employees, etc.
Concern was expressed over the employee issue; that they already seem to be in violation. If they violate terms of an existing conditional use permit, what is to say they will observe any further conditions imposed?
Plan Commissioners requested copy of the original conditional use permit be provided for review before the next meeting.
Joanna again questioned chemical use. What is the chemical spill program?
Father responded the Fire Department inspects the site every six months.
Joanna again questioned whether there is a containment program? She then clarified run-off and flooding as her major issue.
Father responded the property has been surveyed three times and showed no drainage problems.
Collin Sandker, 951 N. Browns Lake Drive, has 300 feet of frontage across from the facility. Collin questioned whether the Missions are currently in violation of the existing permit. Collin indicated the facility is an improvement compared to what it was… he considers it an upgrade to the community. However, he questioned Town of Rochester Page 3 September 3, 2002 Planning Commission 6:30 p.m.
whether it is in compliance now? If not, how long will it be before a new conditional use permit would be out of date? He questioned long-term plans of the operation.
Attorney Dennis Lynch restated the question as “Where is the business today and where will it be in the future?” He replied that with this conditional use permit, the Missions are trying to cover foreseeable needs of the organization. A proposed building for nuns is the only other anticipated construction for the entire site. If there were any additional buildings and uses planned beyond the current scope, they would address it now.
Collin indicated he would like to see projections based on actual growth; that they should look over growth for the past 14 years, see what it was ….. what the progression has been. This would be a way of projecting the future based on actual growth patterns. If “Franciscans” have doubled the scope of their operations within that period of time, they could project that same type of growth for the future. Collin would like to see a long range plan and have the conditional use permit encompass those plans in entirety.
Father indicated that, at his age, 15 employees should be good for many years. He does not see anyone taking over this business when he is done.
Buzz Hurley commented he thought improvements made to the facility were nice, but they should probably have used some type of erosion control. The run-off issue in the back needs to be looked at. The Missions could probably cut water flow in half by simply seeding and restoring the disturbed area.
Joanna stated her neighbor (Ramel) is getting flooded and the water level is getting close to her property. This is her primary point of concern.
Consensus of the Plan Commission was to recommend the Town Engineer review this property in regards to flooding and table the issue until next month’s meeting.
2. New Land Division Ordinance presented for continued discussion/ approval. Subdivision Ordinance Committee/Chairperson: Charles Haubrich.
Charles Haubrich was unable to attend the meeting. Bob Willard spoke on behalf of the committee and invited comment. Consensus of the Plan Commission was to wait until a revised copy of the ordinance became available.
Bob moved, 2nd by Brian to adjourn at 7:15 p.m. Motion carried.
Submitted by:
Betty J. Novy Secretary
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