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TOWN OF ROCHESTER Link to Town Board Meetings
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Link to Town Board Meetings |
March 7, 2005 PLANNING COMMISSION 6:30p.m.
Betty Novy, Secretary, called the meeting to order at 6:30 p.m. with Bob Willard, Brian Wanasek , Chris Johnson and Jim Pluta present. Paul Beere, Chairman, was absent.
The first item of business was to appoint a Chairman (pro-tem). Brian moved, 2nd by Chris to appoint Bob Willard chairman. Motion carried.
Pledge of Allegiance.
Brian moved, 2nd by Chris to approve minutes of the October 28th and February 7th meetings. Motion carried.
Application for Preliminary Plat; Drainage Plan,
Road Plan and Erosion Control Plan approval:
Location: 28601 (Approx) Rowntree Road
Engineer Review Comments. Sarah Tomczyk, Town engineer, reported that all plan review issues in her letter of February 4th have been satisfactorily addressed with the exception of number fourteen under “Storm Water Management/ Grading Plan/ Erosion Control” that recommended pond number two be placed in an outlot. She indicated this is a typical design consideration because of access and repair issues that may arise in the future. However, the drainage easement on private property is sufficient if it is agreeable to Plan Commissioners. Steve Kempken reported changes were made to the plat and plans to address review comments on Crispell-Snyder’s correspondence of February 28th with the exception of item numbers four and five.
Item four calls for a waiver of future special assessments for drainage improvements in case the drain tile, which subdivision drainage plans are dependant upon, fails. Sarah indicated this development is not adding much additional drainage to the tile. However, this type of consideration has been used with other developments in the past based on the premise that the farmer should not have to bear full costs of repair if the tile fails a year from now. Steve indicated there are 600+ acres draining to this low spot. This development is not adding much drainage. Correspondence from Steve’s attorney was read stating the Town could not make the waiver a condition of Preliminary Plat approval. If the situation presents itself in the future, the Town must follow special assessment procedures specified by State Statute. Steve feels he would be writing a blank check if he complied with the waiver requirement. Consensus of the Plan Commission was to secure a legal opinion from the Town Attorney on this matter. They did not feel the farmer should be solely responsible if the tile fails a year from now.
Item number five, a storm water management maintenance agreement, will be provided before submission of the final plat.
Bob questioned comment number four, “Storm Water Management/ Grading Plan/ Erosion Control” , on Crispell-Snyder’s letter of February 4th. More information on low depression areas was requested and a recommendation made that adjacent landowners be contacted. Sarah explained these concerns are addressed in the Stormwater report. Steve indicated adjacent property owners were contacted with the exception of Dick Rehberg, whom he had finally had contact with the previous evening. The Rehberg property is to the east of this development. Dick requested a berm be installed along the walking trail to create separation for his property and prevent people from littering and/or trespassing. He also wanted trees cut down along the property line. There was discussion on the feasibility of a berm as it would most likely dam up the drainage. A fence was identified as a possible alternative. Plan Commissioners did not agree trees should be removed.
Design Issues. Walking trail. Bob brought up the walking trail around the perimeter of the development. He felt the trail was a leftover consideration from earlier talks when the trail was supposed to form a loop or end in a commonly owned area. Since neither of these concepts materialized, and trail placement now runs parallel to a driveway for a distance before dead ending, Bob felt the walking trail should be eliminated. After discussion, it was agreed the walking trail easement should be eliminated, but tree preservation and drainage easements will remain.
Lot seven. Bob indicated he was still unhappy with the configuration of Lot seven. It was explained the configuration is necessary in order to create necessary road frontage for an existing property owner adjacent to the development. Bob questioned the 4:1 slope and drainage to the pond through this lot. It was clarified the pond will need to be treated and a maintenance agreement is to be part of the homeowner’s association. The lot line can be left as is. The property owner can shift the location of the mound system if he needs more room for a building pad.
Ponds. There was a question on whether ponds will need a clay liner to retain water. Preliminary soil tests have shown enough clay in some areas. The ponds may not need to be lined. However, specifications include an alternate proposal for clay lining should it become necessary. Engineers will perform field inspection to see what soil conditions exist and determine what is necessary at that time.
Fire Department review. Betty reported two review comments offered by the Fire Department. First, there was a request that a house lamp or yard light requirement be specified in subdivision restrictions so that house numbers would be illuminated dusk to dawn. Second, there was a request that adequate water supply facilities in the form of a holding tank or clay lined pond be provided for this and future subdivisions to assist with fire suppression. Model specifications were provided for consideration. Plan Commissioners did not feel illumination would be necessary due to planned installation of reflective house numbers, however the engineer should work with the developer to provide what is needed for access to and provision of an adequate water supply.
There was further discussion on the special assessment waiver requirement. Mike Weinkauf, present in the audience, noted there is not one drainage Board in the Town of Rochester that imposes special assessments. It was noted the intent of this requirement is more about notifying future property owners that they may become subject to an assessment. Steve indicated the wording is what is causing the problem.
Brian moved, 2nd by Chris to recommend approval of the preliminary plat contingent that:
§ the walking trail easement be removed; and § that the Town Board obtain legal advice regarding the waiver of special assessment on drainage improvements and include the requirement if it is legal to do so.
Motion carried.
Conceptual Land Division creating two parcels Location: 502 N. River Road Owners: Dennis & Karen Ketterhagen (Parcel#014-03-19-14-024-000: 5 acres)
Dennis Ketterhagen addressed the Commission. He explained his intention to split his lot and build a new house on the lot that is created. Comments provided by Racine County Planning staff were reviewed.
Compatibility with Land Use Plan Objectives. Consensus of the Plan Commission was that the proposed land division is compatible with the existing residential neighborhood and meets density requirements.
Access. There was a question about access and Dennis’s ability to place a driveway through a floodplain area. Dennis reported on discussions with Racine County about the floodplain. The floodplain area marked up on their plan review may not be accurate based on current conditions. A survey will need to be done to verify floodplain elevations. Planning staff indicated a variance may be granted to fill in floodplain up to one or two inches to allow access for fire and police departments (a driveway). There was also a question about whether Dennis could meet necessary road frontage requirements on a private- versus public- road. Conversation on that topic indicated that if the private road (access easement) was established before Racine County’s zoning ordinance (1969), frontage on the easement could be interpreted as meeting road frontage requirements. Dennis researched when the easement was established. The year was 1963. A legal opinion is being drafted by Racine County’s corporate counsel to verify whether their Planning Department is interpreting the zoning code correctly in this instance.
Design. The layout was acceptable to the Plan Commission. However, it was noted percolation test results may require the lot line to be pushed around based on where a septic system can be located. Dennis was informed he must stay seventy five feet off any navigable waterway (the creek and river in this instance) and fifty feet from any wells and ponds with his septic.
Drainage. Arrows and contours should be placed on the survey map to show where water will flow from the housepad and impervious areas.
Sanitary Provisions. A percolation test will be required. Dennis should check with Racine County to see if a soil map is available for this area. The County may request evaluation of the septic system serving the existing home to verify it is code compliant. Dennis was informed the Town Board has had some discussions of expanding the sewer district to serve this area. This could be happening as soon as 2006. Dennis should check with the Town Board on this.
Environmental Corridor. It was noted the proposed house will not be located in the environmental corridor area as it is delineated on the map. A habitat assessment will not be necessary.
Consensus of the Plan Commission was to recommend Dennis proceed with his land division upon verification of easement and floodplain issues from Racine County. Dennis stated he would also research the sewer issue.
Conceptual Land Division creating two parcels Location: 34315 Academy Road Owners: Joseph & Barbara Carini; Agent: Gary Foat (Parcels #014-03-19-18-012-000; and 014-03-19-18-012-001: 157.6 acres)
Joseph Carini addressed the Commission. Joe explained he purchased the property in 1970. At this time, he only wants to sell the home and farm buildings off to rid himself of tenant/ landlord issues.
It was noted there is a large concentration of farm buildings, including three silos, on the parcel he wishes to separate from remaining agricultural land. Gary Foat, surveyor, explained the lot size would be 5.2 acres, excluding right of way. The proposed land division meets all zoning requirements.
Compatibility with Land Use Plan Objectives. The proposed land division meets the Land Use Plan’s use and density requirements. Joe explained the rest of the property is rented for agricultural use.
Access, Design, Drainage, Sanitary Provisions and Environmental Corridor. It was noted these are existing structures; nothing is changing and there are no environmental corridor issues.
When questioned on a long range plan, Joe explained he intends to continue agricultural use of the remnant parcel as long as he can. It was noted plenty of road access exists outside of the five acres being parceled off. This is adequate to accommodate any future divisions of the remnant parcel.
Consensus of the Plan Commission was for Joe to proceed to the next step with Conceptual Plan requirements.
Brian moved, 2nd by Jim to adjourn at 8:20 p.m. Motion carried.
Respectfully submitted:
Betty J. Novy Planning Secretary |