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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
June 23, 2005 LAND USE PLAN COMMITTEE 6:30 P.M.
Brian Wanasek (chairperson) called the meeting to order at 6:30 p.m. with Bob Willard, Pat Hurley, Chris Johnson, Chuck Haubrich, Chris Denman, Dennis Crombie, and Mike Weinkauf present. Dean Stapleton was absent.
Sandi Swan, secretary, was also present.
Dennis Crombie moved, 2nd by Pat Hurley to approve minutes of the May 19, 2005 Land Use Plan Committee Meeting with the following corrections:
Page 1, Bob’s motion to include:
For Minor Land Divisions creating four or less parcels: Five acre average density, with no open space requirements.
Motion carried.
Brian began the discussion with the language of the motion that is before the committee. Brian felt that the committee should be involved in drafting the language in regards to five acre density and what kind of requirements should be put on that kind of development as far as outlots.
Discussion was held about three and five acre density. Pat Hurley stated that she didn’t know why anyone would go for five acre density when there is no difference in restrictions between three and five.
Through much discussion it was identified that a distinction needs to be made between three and five acre density. An incentive needs to be created to encourage a developer to use five acre density.
Discussion was also held about the qualifications of an open space or outlot. Concerns were expressed about lots with less acreage and how the 50% rule would apply to them. Brian feels the outlot concept is the only thing that will work.
Mike stated he feels there should be a three acre minimum on non-sewered areas with 50% open space required. He doesn’t feel it should be defined specifically as an outlot or deed restricted. He feels land should be developed using the best use of the land. He stated that each development will be different in size, some will have land that can’t be developed and he does not think that you can set a rule that will cover all circumstances or developments.
Through continued discussion it was decided to amend the motion to clarify that cluster design is another option to the 50% open space requirement and also to amend the five acre average to include language that would require a depth-width ratio instead of 50% open space required.
It was requested that the secretary gather information from other municipalities with regard to depth-width ratio.
Request to amend the Land Use Plan to re-classify a parcel Low Density Residential Location: Riverview Parkway (extension); Fox River Prairie Subdivision; Owner: James A. Kupfer (Parcel# 014-03-19-14-025-020: 14.82 acres)
Light discussion was held about accumulating such requests and how to handle them. No decision was made on this item.
Period for Public Comment:
Kathy North, Maple Lane, heard that the State is considering eliminating the Smart Growth Law, and commented “If they do that, isn’t all the work that the LUP Committee is doing is for nothing?”
Brian Wanasek, stated that the State Budget Committee is proposing to eliminate Smart Growth but Governor Doyle said he would veto it. The committee is reviewing the LUP as requested by the Town Board.
Richard Schwinn, Honey Lake Rd, stated he has heard a lot of good ideas from the committee about how to develop reasonable cluster development. However, he feels that Rochester’s Land Use Plan is one of the most aggressive densities among the rural townships in the area. He feels that the purpose of LUP is to help communities preserve the land. He fears deed restrictions of 40 years are simply not long enough.
Brian Wanasek, disagreed with Schwinn. The committee checked with the surrounding communities and most have five acre average densities with the exception of Raymond which is six and Dover which is three. Brian also stated deed restrictions can be rerecorded at any time and the 40 years starts all over. If the land is sold within the 40 years the deed restriction is rerecorded and if the Town has a program to periodically rerecord their deed restrictions the deed restrictions will never expire.
Buzz Hurley, questioned who is going to compensate the land owners that have to sacrifice five acre density or 50% open space, he feels it is a taking of land.
Brian Wanasek, stated that a Land Use Plan that imposes acreage restrictions on land is a valid plan under Wisconsin Law.
Chris Johnson, stated that the fifth amendment right to the constitution states that you have to be fair to all people and you can’t pass an ordinance that effects one person that isn’t going to effect another person and the committee is trying to find a compromise.
Virginia Vanszckle, Langmaid St, Feels that the committee is too caught up in 3 or 5, and that when the committee polled the people ten years ago the majority of respondents said they wanted the area to stay rural. She feels as elected officials they need to remember that they represent the majority of the people.
Brian Wanasek, responded as saying the Town needs to strike a compromise. In order for the Town to stay rural they would have to say “no” to all development. That is simply not an option. Until the LUP was developed just a few years ago the Town was wide open one acre. Now the Town has five acre average density and the Town is just reviewing the definition.
Bev Zabler, Maple Ln, Handed out a booklet from The Aldo Leopold Foundation and quoted Aldo Leopold as saying “A land ethic, then, reflects the existence of an ecological conscience, and this in turn reflects a conviction of individual responsibility for the health of the land.”
The next meeting for the committee was set for July 21, 2005 at 6:30p.m.
Pat Hurley moved, 2nd by Bob Willard to adjourn at 7:52 p.m. Motion carried.
Respectfully submitted,
Sandi Swan Secretary
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