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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
June 5, 2006 PLANNING COMMISSION 6:30p.m.
The meeting was called to order at 6:35 p.m. with Paul Beere, Chris Johnson, Brian Wanasek and Bob Willard present. Maureen Eckert was absent.
Betty Novy, Secretary and John Tierney, Engineer were also present.
Pledge of Allegiance.
Minutes. Bob moved, 2nd by Brian to approve minutes of the May 1, 2006 meeting with the following correction.
Wanasek moved, 2nd by Johnson to approve the amendment to the conceptual plan for Stoneridge Subdivision to increase the lot number from 13 to 14 lots based on DNR infiltration requirements. <INSERT> Motion carried.
Motion carried.
Request for six-month extension: Conditional Use Permit for multi-tenant commercial building: 29134 Evergreen Drive Applicant: Tom Roanhouse; Ground Up Opps, Inc. (Bonnie Weis appeared as representation)
Bonnie Weis addressed the Commission. She reported since the permit was issued six months ago, they have been working with Ben and Hiram Miller, owners of the property to the northwest, to create a drainage plan that accommodates the needs of both properties. Additionally, the property owner to the southeast approached them to buy his building. That was investigated for two months, without agreeing on terms. They may also be switching builders, but look to begin the construction project shortly. The terms of the conditional user permit required start within six months of original issue. They are asking for a six-month extension. Bob moved, 2nd by Brian to recommend a six-month extension to Ground Up Opps. Motion carried.
Application for Conditional Use: to renew existing permits for Kramer-Buss (N. Browns Lake Road) & Honey Creek (Washington Avenue) gravel pit operations: Payne & Dolan; Agent: Raymond Postotnik (Brett Mays appeared as representation)
Brett Mays addressed the Commission. Bob and Brian expressed concerns regarding the asphalt plant operation use stated in each permit application. They recalled these operations were only to be allowed at one site at a time. Brett reported materials are being extracted from the Buss-Kramer site for the Burlington by-pass project. The pit is expected to be fully depleted by the time they finish grading operations. It will then be restored according to the restoration plan on file. He does not anticipate operation of an asphalt plant at this site. Asphalt plant operation is also not planned for the Honey Creek site this year, but whether it will be in 2007 is not know at this time. It was verified the conditional use permit term was two years. Bob questioned whether water testing had proceeded as required in the original permits and wanted to make sure there were no water quality conflicts. Chris moved, 2nd by Bob to recommend approval of both Payne and Dolan conditional use permits with verification that water quality testing requirements have been met. Motion carried.
Application for Conditional Use: to temporarily occupy an existing building to include car/vehicle maintenance, repair and possible sales: 29110 Evergreen Drive Owner: Vincent Magestro; Applicant: James Strehlow
James Strehlow addressed the Commission. James reported on Racine County review of the application. They had concerns about U-Haul Trucks and dumpsters being stored over the lot line at the site. He explained they will be moved. Plan Commissioners questioned why this permit application was before them and whether this was not an allowable use under B-3 zoning. Betty reported car repair and/ or sales lots are often listed as conditional uses in the zoning code, regardless of district, because communities want the ability to limit how many cars can be parked in the lot. James was questioned on whether the County mentioned parking requirements and whether current parking provisions at the site meet them. James indicated there is additional space where parking could be expanded if needed. Concern was expressed over containment of oil and coolant fluids. The building should have some type of mechanism to catch these fluids, however plan commissioners thought this is probably covered by the plumbing code.
James explained the permit application is temporary because he has an offer in to purchase the building, but made it contingent on his ability to change the use of the building. It was past the deadline to apply for a permanent Conditional Use, but they could apply for a temporary permit. He is mainly seeking input on whether this concept is acceptable to the Town and County before buying the building. When asked about the car sales use, he indicated this is listed mainly to accommodate cooperation with the new structure being built next door. They are planning to work together on car sales. He does know for sure he would like to sell ATVs as part of the business.
Bonnie Weis pointed out this building has no gutters. She has worked with the neighbors on the other side of her site to address drainage so that it flows to the back of the buildings. She requested this same cooperation of James. She would like each property owner on that stretch of road to work together to get drainage flowing to the back of the buildings.
Paul moved, 2nd by Brian to recommend approval of a three-month temporary conditional use permit to occupy the existing building to include car/vehicle maintenance, repair and possible sales. Motion carried.
Application for Final Plat(s) Approval:
Developer: Premium Properties Ventures, LLC Engineer: Thomas Foht, P.E. (Kapur & Associates)
Tom Foht addressed the Commission explaining changes to the plat in regards to right of way at the entrances. Both the Town engineer and attorney found entrance areas to the subdivisions wider than acceptable as road right of way. This was addressed by creation of outlots for remnant lands. Maintenance of these areas will become the responsibility of the Homeowner’s Association. The DNR will allow filling of the wetland area near the entrance on the West parcel because of Racine County requirements for intersection layout. Water elevations will stay the same as they currently are with a cross-culvert directing any overflow into roadside ditches. The DNR will also require curb through the wetland area. The DNR is checking the pond on Lots 9 and 10 to determine whether it is classified as a navigable stream. If so, a shoreland area will be delineated for zoning purposes.
Plat “Notes”. Chris Johnson noted both plats indicate a minimum 50-foot setback from a “POWTS” (Private onsite wastewater treatment system) cell. He reported requirements have recently expanded setback requirements to any part of the mound system. These notes may need to be changed to reflect that. Bob Willard questioned note number 11 on the West Parcel stating “Rookery Glen is not expected to be a dead-end road and may some day to be extended to the east”. His concern was that this forced a road extension onto Mary Krall’s property. It was explained the statement is “may”. Unless the land is sold voluntarily, the Town can only gain the property for road extension purposes through eminent domain. The statement on the plat has no effect other than to notify lot purchasers that the road may go through someday. (Note: Number 11 should be amended “some day to be” to “some day be”)
Engineering Review. John Tierney’s review comments, dated May 22, 2006, were reviewed.
“Drainage Report” comments 1 – 8 have been or are being addressed by the project engineer. The main drain tile was found to be flowing 80% full with many smaller lines feeding into it. As previously thought, construction crews will need to be mindful of this and re-route or repair any unearthed tiles. A large depression area on the Babik property needs to be modeled for a 100-year flood event. If the area floods, water will be directed between lots two and three of the west parcel. The model is to make sure houses won’t be built where the depression area overflows.
“Plans” comments 1 – 21 have been or are being addressed by the project engineer. Greg Reesman agreed to install some type of marker posts to locate the drain tiles where they enter or leave properties. This is so property owners recognize where the drain tiles are and their responsibilities for maintenance. It was noted earlier concept plans represented several ponds throughout the development, but these are not shown on the current plat. Greg stated they decided to make the ponds optional for individuals buying the lots, as some property owners may not want them. It was noted permitting requirements will apply to any ponds that are dug which are not part of the plat. Intersection plans presented some concern that the contractor may have to work on private property in order to accommodate the design. Tom Foht stated they are working with Racine County on by-pass lane requirements. A temporary construction easement may be required from an abutting property owner if by-pass lanes are constructed as shown. Greg agreed to install a street light at both County D entrances to the subdivision. Commissioners did not feel any interior subdivision lighting was needed.
John reported all outstanding items are primarily plan related and will not affect the face of the Final Plat, but may impact where houses can be located on certain lots.
Nancy Anderson addressed the Commission. She questioned the setback requirements from the heron rookery located to the south of these properties. Rookery Landing East specifies a 100-foot setback; and Rookery Landing West specifies a 140-foot setback. She indicated this varied from a previous development which she thought required a 200-300 foot setback and was not as close to the birds as these lots will be. Plan Commissioners did not recall exact setback requirements for that development, but did recall that those lots contained a significant portion of the woodlands, in contrast to these lots which contain only a small portion. Nancy indicated the birds are very noisy at night and thought there should be some type of notice given to potential lot buyers so that they did not get irritated by the birds and cut the trees down. It was noted that a County ordinance exists that prohibits unnecessary removal of trees in Primary Environmental Corridor, which is what that area is.
Nancy then expressed concerns about the new alignment of the entrance road. She felt the direction was such that headlights will be shining into her living and bedroom windows. An aerial view with the new road layout platted was shown. Greg Reesman indicated he would provide some screening in the form of evergreens to ensure that this was not a problem.
Brian indicated these plantings should be represented in the developer’s agreement.
Mary Krall then questioned alignment of the subdivision entrance and how it will affect her driveway. Aerial views were shown which appeared to alleviate her concerns.
Covenants and Restrictions.
The following changes were recommended:
Chris moved, 2nd by Brian to recommend approval of Rookery Landing Estates West’s Final Plat contingent on amendments to the Covenants and Restrictions previously discussed, final engineering and final legal approvals. Motion carried.
John Tierney raised the question of road reservation to the east parcel boundary of Rookery Landing Estates East. Minutes from December were referenced. Don North had asked that a road reservation be made to that parcel boundary for the benefit of developing his property one day. A twelve-foot utility easement traverses the parcel boundary between lots six and seven. This is where an access point could be created. Aerial photographs showed what appeared to be poor soil conditions in those areas, however Plan Commissioners thought a public access easement should be created in case it is needed in the future.
Paul moved, 2nd by Brian to recommend approval of Rookery Landing Estates East’s Final Plat contingent on amendments to the Covenants and Restrictions previously discussed, final engineering and legal approvals; and a sixty-six foot wide public access easement or road reservation, at the Town attorney’s discretion, platted 33 feet to each side of the lot line between lots six and seven. Motion carried.
Application for Final Plat Approval: Coyote Territory Subdivision Location: 120 (block) N. Honey Lake Road Developers: Johnson Development Engineer: James Schilling, P.E. (J S Development)
Jeff Johnson presented the Plat to the Commission.
Plat “Notes”. Chris Johnson noted this plat also indicates a minimum 50-foot setback from a “POWTS” (Private onsite wastewater treatment system) cell. Notes may have to be changed to reflect changes to those requirements.
Engineering Review. John Tierney’s review comments, dated May 31, 2006, were reviewed. Comments have been or are being addressed by the project engineer. At the meeting, John noted a discrepancy on a detail of Lot 10 and Outlot 3 shown at the top of the plat. The lot numbers did not appear to be correct. Jeff explained Racine County requested a change in the plat so that the area shown as “Unplatted Land” becomes Lot 1. All other Lot numbers were then shifted. The area shown as Outlot 2 is also being added to Lot 1. The disposition of Outlot 1 was still questionable. Jeff did not know if the Town had interest in it, or whether to deed it to the abutting property owner. Discussion was such that the Town is not interested because of the poor soils and high costs that would be incurred to straighten out the road in that area. The numbers of the outlots will also be changed.
John brought up the recommended cul de sac length of 800 feet, as stated in Subdivision Design Standards. Plan Commissioners indicated this issue was previously addressed. The developer had compromised from an earlier design that had a stub road into what is now Lots 2 and 3. They were satisfied with that adjustment in earlier meetings.
The detention pond is approximately 1.5 acres. Engineering comment #6d stated concerns with a clay liner contradicting with the need for the pond to act as an Infiltration Basin. This will be addressed by lining only half the pond. Tierney explained the drainage is straightforward on this land division. Site drainage is directed to a pond which has an overflow to an east drainage ditch which crosses under the road and eventually finds its way to a river.
Covenants and Restrictions.
The following changes were recommended:
Requested addition: Engineering comment #4 “Prohibitive covenants should be created over the wetlands and the property south of the wetlands on Lots 2 and 3. Potential purchasers should be made aware that the installation of bridges or culverts across this wetland for access to the south half of these lots will be regulated by WDNR.”
II. Lot Divisions.
IV. Use of Lots.
V. Buildings.
Brian moved, 2nd by Paul to recommend approval of Coyote Territory’s Final Plat contingent on lot numbering changes, amendments to the Covenants and Restrictions previously discussed, final engineering and final legal approvals. Motion carried.
Chris moved, 2nd by Brian to adjourn at 9:45 p.m.
Respectfully submitted,
Betty J. Novy, CMC Clerk-Treasurer
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