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

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March 6, 2006                                PLANNING COMMISSION                                              6:30p.m.

                

The meeting was called to order at 6:30 p.m. with Paul Beere, Maureen Eckert, Chris Johnson, Brian Wanasek and Bob Willard present.

 

Betty Novy, Secretary, and John Tierney, Engineer, were also present.

 

Pledge of Allegiance.

 

Maureen moved, 2nd by Brian to approve minutes of the January 3, 2006 meeting with corrections to the following paragraph:

 

John Bajorek, Maple Road, questioned whether a hydrologist study will be required to determine the affect of this development on water tables and how additional wastewater generated by development will affect existing well water.  Brian <INSERT> “Chris” indicated wells can be placed as close as 50 feet to a septic field.  This development will be much farther than fifty feet from any existing homes.  Chris <INSERT> “Brian” indicated a hydrologist study may be requested by the Plan Commission, but only if it is felt necessary.

 

Motion carried.  

 

Subdivision Preliminary Plat(s):

·         Rookery Landing Estates (West Parcel):
Location:   28801 (block) Washington Avenue- Owner:  Joyce Malison

 

·         Rookery Landing Estates (East Parcel): 
Location:  28511 (block) Washington Avenue- Owner:  Mary Hoyer (Estate)

Developer:  Premium Properties Ventures, LLC

Engineer:  Thomas Foht, P.E. (Kapur & Associates)

(Root Parcels:  Hoyer- #014-03-19-12-008-000: 61.18 acres; 014-03-19-01-029-000 .25 acres; and
014-03-19-12-016-000:  20.22 acres; Malison- 014-03-19-12-006-000:  55.68 acres)

 

Tom Foht addressed the commission and explained stormwater and drain tile management issues.  A change in land use from cropland to residential lawns will decrease the amount of stormwater run-off generated by the land.  However, the Town engineer indicated paved surfaces and rooftops may equalize this benefit.  In order to address this concern, flat wide bottom ditches are proposed for several areas.  A storm-water easement is proposed in conjunction with the plat.  A duty to repair drain tiles is repeated both on the plat and in subdivision covenants.  The drain tile will be re-aligned in one area to reduce road crossings from four to one.  Shown as a concept, some aesthetic ponds may be placed throughout the development.  Research was done to verify no legal drainage district is responsible for managing the tile and therefore would not need to be consulted if ponds were tied into the tile system.  Pond permit issues will have to be worked through with the Department of Natural Resources.  Although the proposed ponds will not be storm-water management ponds, they will have the affect of either slowing or reducing the flow of water through the drain tile system dependent on a wet or dry season.  The existing pond in front of the Anderson’s property was discussed.  It was believed this wet area formed as a result of a broken tile.  If it can be proved, the DNR offers a different classification to ponds and wetlands formed as the result of a broken tile.  This may help with road placement through that area and should be researched.  Nancy Anderson expressed concern about road placement at her west parcel boundary.  She indicated this area has standing water quite often.  Tom explained soil tests will determine whether road placement is feasible.  Roads will be engineered to address any water issues. 

 

The drain tile easement area was not shown on Preliminary Plat because drain tiles have not been field verified yet.  They will be shown on the Final plat.  Brian questioned the intended width of the easement area and noted covenant documents imposed an additional building restriction 15 feet back from the easement area.  Upon discussion, it was determined the easement area on the plat will be shown as thirty feet wide, with no additional setback area specified in the covenants. 

 

Brian also questioned legal representation, noting Bill Phenicie drafted the covenants and the Town attorney John Hotvedt offered little comment.  He felt this to be a conflict of interest to have two attorneys from the same law firm representing opposite interests. 

 

Tom went on to explain access points have been shifted to the east to address concerns expressed by Racine County Public Works.  Bypass lanes will be required and they are still working with the County Highway Commissioner on these issues.  Existing driveways may require access points be shifted even further.  Soil tests have been submitted to Racine County for all the lots.  Mound systems will be required.  The DNR provided no standard setback from the heron rookery on the southern boundary, but recommended 200 feet.  Lots in this area stretch 600 feet from the boundary line so this recommendation should not affect the current layout.  The DNR also recommended that no construction take place from March 15th to July 15th because of the heron nesting season.  Greg Reesman stated he will honor the DNR’s request and plans on August and September road construction on the Malison parcel.  As to individual home construction, Reesman indicated home building produces much less noise than road grading and construction equipment.  He did not feel a restriction on individual home building was necessary.   

 

Bob noted some inconsistencies in the Covenants document.  It was agreed these would be sent back to the developer’s attorney for revision and be subject to additional review by the Town Attorney before Final Plat approval.  Don North’s previous request for a road reservation or right of way dedication to the east parcel line was discussed.  John Tierney stated this is a consideration for the Commission for future connectivity should farmland to the east develop. Betty reported on recent conversation with Doug Kowalski of Racine County Planning,   This was an identified concern of his as well.  It was noted a large area of Don North’s property is wetland in the area of requested road reservation.  Racine County will most likely make this a condition of approval.

 

Brian moved, 2nd by Chris to recommend approval of Preliminary Plats for Rookery Landing East and West, dated February 24, 2006, contingent on compliance with the following items:

 

  • Any conditions imposed by Racine County Planning;

  • Meeting the concerns expressed in a submitted Racine County Public Works memorandum dated March 2, 2006; and

  • That the developer agrees not to engage in subdivision construction activities near Lots 5, 6 and 7, Rookery Landing West, from March 15th through July 25th.

 

Votes were:  Paul:  Aye;  Bob:  Aye;  Brian:  Aye;  Chris:  Aye;  Maureen: (recused).  Motion passed.

 

Subdivision Preliminary Plat:  Coyote Haven

Location:  120 (block) N. Honey Lake Road

Owner:  Richard Mianecki;  Developers:  Jeff & Lisa Johnson

(Root Parcel #014-03-19-17-015-000; 64.87 acres)

 

Racine County and engineer comments were reviewed.  Jeff reported there will be a subdivision name change (to Coyote Hill) because of naming conflicts in the County.   The street name will also be changed.  Purpose and ownership of Outlots were discussed.  Outlot one is for storm-water retention; Outlots two, three and four are being held as reserve if needed for further storm-water retention or detention after more engineering is done.  Due to the natural slope and drainage of the land, berming along the west boundary where it abuts existing development was not found to be necessary.  From the middle of lot ten south towards twelve is a swale that will be re-routed along the western parcel boundaries of Lot 12, through culvert pipes placed under the new road, to an overflow pond on Outlot one and then on to the same drainage path drainage currently followed (exiting across N. Honey Lake Road into wetlands).  John Tierney commented use of the existing drainage path addresses some of his major concerns with the development.  It was noted there should be some type of restriction on the plat prohibiting fill in the drainage swale.  It was also noted outlots three and four are wetlands and not buildable.  Any outlots not utilized for storm-water detention should be attached to other lots.  A notation should be placed on the plat restricting access onto N. Honey Lake Road.   Building envelopes should be defined for lots one and two and a twenty-five-foot buffer established from the wetlands.   

 

Brian moved, 2nd by Chris to recommend approval of Coyote Ridge (aka Coyote Haven) Preliminary Plat, dated January 18, 2006, contingent on compliance with the following items:

 

  • Any conditions imposed by Racine County Planning;

  • That Building Envelopes be located so they don’t interfere with drainage;

  • A restriction is to be placed stating no building south of the wetlands line;

  • An access restriction is to be placed on any lot abutting N. Honey Lake Road; and

  • A restriction is to be placed allowing no further division of the land.

 

Motion carried.

 

Pre-Application Conference:  Land Division creating three parcels out of one

Location:  529 N. Browns Lake Road

Owner:  Edward & Jeri Kernz;  Applicant:  Mark Kosobucki

(Root Parcel #014-03-19-15-086-000; 3.5 acres)

 

Racine County comments were reviewed for the proposed land division.  The proposed land division appears to meet minimum lot size, frontage and density requirements per Racine County zoning and the Rochester Land Use Plan.  This will have to be verified by survey.  The necessity of locating the well and septic system serving an existing residence was identified; this may impact how lot lines are drawn.  Under the proposed layout, the existing barn must be razed because an accessory structure cannot exist on a lot prior to the primary structure being built per Racine County zoning.  Mark Kosobucki indicated this is their intention because the barn is in disrepair.  Passing soil tests will be necessary to prove the type of private sewage systems.  Mark was directed to proceed with the application process. 

 

Land Use Plan Map Amendment Process

 

A resolution prepared by Atty. John Hotvedt was presented to the Plan Commission establishing a process for amending the Land Use Plan.  The Plan Commission was requested to review the resolution and provide a recommendation to the Town Board prior to adoption.   A blank was placed in the resolution regarding the distance from the subject parcel whereby property owners would receive notice of public hearing on the issue.   Plan Commissioners felt this should be changed to specify adjoining property owners will receive notice.  Additionally, they felt the process should mimic the current Land Division notification process where signs are posted on the subject property notifying the public of a requested change; and it should be clarified that this process is only to be followed outside of periodic review done by a specially appointed Land Use Plan committee.    

 

Brian moved, 2nd by Maureen to recommend adoption of the process with the following changes:

 

  • The distance referring to notification should be changed to specify notice will go to adjoining property owners;

  • A step should be added in the notification process stating the applicant shall post a sign on the subject property at least fourteen days prior to the meeting notifying the public of a requested change; and

  • Wording should be changed to specify that this process is only applicable when the Land Use Plan Committee is not a standing committee in process of periodic review of the plan.

 

Motion carried.

 

Chris moved, 2nd by Brian to adjourn at 8:45 p.m.   Motion carried.

 

Respectfully submitted,

 

 

 

Betty J. Novy, CMC

Clerk-Treasurer

 

 

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