PLANNING COMMISSION MEETING MINUTES

PLANNING COMMISSION MEETING MINUTES

Town Hall, Wednesday December 11, 2002 for approval at the

1/15/03 meeting

Chairperson Bellmer called the meeting to order at 5:00 p.m.

PRESENT: Chairperson Alvin Bellmer, Planning Commissioners’ Charles Lewis,

Michael Van Dyke, Dennis Jochman (* arrived late), Harold Pelton, Kris

Koeppe, and Richard Ratchman. Community Development Director

George Dearborn and Associate Planner Jeffrey Smith.

ALSO PRESENT: Garth Wegner

John Bartozek

Dan Hoel

Approval of Minutes – November 13, 2002

Motion by Commissioner Van Dyke seconded by Commissioner Pelton, to approve the minutes of the Planning Commission meeting on November 13, 2002 as submitted. Motion carried with 6 Aye, 1 Excused (Comm. Jochman).

1. Approve 2003 Planning Commission Meeting Dates

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the 2003 meeting dates as submitted. Motion carried with 6 Aye, 1 Excused (Comm. Jochman).

2. Certified Survey Map – McMahon Associates., Inc. – Lakeshore Drive - (008-1097-01, 008-1098)

Director Dearborn explained that the CSM was adjusting the lot line in order for a newly constructed structure to meet the proper zoning setbacks. The owner was required to purchase 4.5 feet from the adjacent property.

Motion by Commissioner Pelton, seconded by Chairperson Bellmer, to approve the CSM as submitted. Motion carried with 6 Aye, 1 Excused.

Chairperson Bellmer, Commissioners’ Lewis, Van Dyke, Pelton, Koeppe, Ratchman Aye; Commissioner Jochman Excused.

3. Final Plat – Martenson & Eisele, Inc. – Shady Springs Estates VI - (008-0223)

Director Dearborn described how the final plat proposed 13 new single-family lots that would average over 13,000 sq. ft. Director Dearborn noted that Martingale Lane, a proposed 66 ft. right-of-way, would be extended through the subdivision in order to connect with Whippletree Lane. Associate Planner Smith stated that the applicant did not apply for a reduced right-of-way waiver to the State Department of Transportation. Finally, Director Dearborn discussed some of the requirements of the Roadway Development Agreement.

The conditions recommended by staff for the final plat were as follows:

1. Approval of all agencies and other governmental entities with authority to object to a plat.

2. Approval of a development agreement for the construction of roads, utilities and all other infrastructure which incorporates a letter of credit to ensure construction of the infrastructure.

Motion by Chairperson Bellmer, seconded by Commissioner Van Dyke, to approve the Final Plat, with the two specified conditions. Motion carried with 6 Aye, 1 Excused.

Chairperson Bellmer, Commissioners’ Lewis, Van Dyke, Pelton, Koeppe, Ratchman Aye; Commissioner Jochman Excused.

4. Conditional Use Permit – Northeast Asphalt – Cold Spring Rd. - (008-0123-01[p]))

Director Dearborn explained that the applicant requested a CUP in order to expand the quarry. The zoning ordinance requires a CUP for a new quarry or quarry expansion. Director Dearborn explained that the Town was the regulatory agency that reviews the reclamation plans. Associate Planner Smith later stated that NE Asphalt has submitted a reclamation plan and that a final revised reclamation plan, meeting the Town’s Nonmetallic mining ordinance, would still be required. The Town was still reviewing the plan in order to determine if a large freshwater pond was the appropriate reuse of the property.

Director Dearborn mentioned that the Town Chairman and a resident previously shared a concern about water quality. Director Dearborn explained that DNR regulations would address this issue.

John Bartozek, representing NE Asphalt, responded to concerns from the Planning Commission by stating:

1. NE Asphalt is working with the Town to get an approved reclamation plan.

2. NE Asphalt does notify the Town of its blasting.

3. NE Asphalt follows all the standards for blasting. Furthermore, it would not blast on cloudy/windy days.

4. NE Asphalt is willing to supply the Town with copies of all DNR quarterly water quality reports.

5. The recent acquisition of the property from WE Energies did account for blasting and any other impact on the substation and power lines.

The conditions set forth by staff and the Commission was as follows:

1. The applicant must adhere to the standards specified under 17.19(3) Mineral Extractions of the Town/County Zoning Ordinance. These standards include: complying with DNR air quality emissions; the remediation of noise, dust, & vibration with roads, machinery and equipment; complying with specified hour of operations; and setback requirements to the exterior boundary lines.

2. The applicant must comply with all of the other guidelines as specified by 17.19 Mineral Extraction Provisions.

3. The applicant must submit a final reclamation plan that meets the guidelines as specified by Town Ordinance Chapter 29, Nonmetallic Mining Reclamation.

4. The applicant must submit copies of the Department of Natural Resources water quality reports to the Town.

Motion by Commissioner Pelton, seconded by Commissioner Jochman, to approve the CUP, with the 4 specified conditions. Motion carried unanimously.

5. Variance – Northeast Asphalt – Cold Spring Rd. - (008-0123-01[p]))

Director Dearborn explained that the proposed quarry expansion would not meet the required 50 ft. setback from the exterior boundary. The applicant was proposing a 5 ft setback to the exterior boundary. Director Dearborn stated that the variance proposal met the three justifications, which were exceptional circumstance, preservation of property rights, and absence of detriment. For instance, since there is high tension power lines located on the adjacent property owned by WE Energies, any negative impact would be mitigated. There would be no development in this area. Furthermore, there would be a security fence constructed along the new exterior boundary. Finally, the applicant has to comply with all of the requirements of the mineral extraction section of the zoning ordinance, such as hours of operation, noise, and air quality controls.

John Bartozek, representing NE Asphalt, explained that the property acquisition from WE Energies was designed in a way that would mitigate any negative impact on the surrounding power lines and substation.

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the Variance as submitted. Motion carried unanimously.

6. Certified Survey Map – Martenson & Eisele, Inc. – Brighton Beach Rd. – (008-0934-01, 008-0935, 008-0705-19)

Director Dearborn reported to the Commission that the applicant had submitted a revised CSM. The revision now makes the steel shed, located on the newly created Lot 1, conforming to the zoning setback requirements. Furthermore, the revised CSM adjusted the rear lot line for the newly created Lot 2 by 7 feet as opposed to the original proposal of 16.59 feet.

Dan Hoel, representing Martenson & Eisele, stated that the revision now allows for all structures to meet the required zoning setbacks.

Motion by Chairperson Bellmer, seconded by Commissioner Pelton, to approve the CSM as submitted. Motion carried unanimously.

7. Certified Survey Map – Martenson & Eisele, Inc. – Jacobsen Rd. – (008-0235-04)

Director Dearborn briefly described how the CSM dedicated a 60 ft. road right-of-way to the public for newly proposed road, Westcreek Lane. The CSM also was creating two new lots for the single-family condominium project. Associate Planner Smith noted that a revised CSM was recently submitted that corrected the officially mapped right-of-way for Jacobsen Road from 100 ft. to 80 ft.

Motion by Commission Van Dyke, seconded by Commissioner Lewis, to approve the CSM as submitted. Motion carried unanimously.

OLD ITEMS OF BUSINESS

At the November meeting, the issue of a special agreement near the proposed Pages Sunset Shores subdivision was mentioned. Director Dearborn explained that this agreement did exist and it proposed to abandon the public right-of-way if the property was undeveloped over a 10 year period. Director Dearborn stated this agreement is no longer a concern since opposition has ceased. Furthermore, even if the agreement was implemented, the developer for the Pages subdivision would still have to dedicate a public right-of-way as part of the subdivision approval process.

OTHER BUSINESS

1. Discuss Comprehensive Plan Draft

Jon Bartz, the Town’s consultant for the plan, briefly stated some of the new items of the comprehensive plan:

Agricultural Preservation Plan—only lots 35 acres and over, located outside of the sewer service area, can be subdivided but must follow strict restrictions.
Neighborhood Development Plans – there is a good feel for the future land use
Neighborhood Discussion Areas- specific areas in the Town in which there is not a certain future land use. Therefore, special neighborhood meeting will be required for these areas.
There is a chapter suggesting the Town pursue incorporation.
Levels of Service standards, adopted by East Central Planning, are recommended to help control residential, commercial, and industrial growth.
The Town should look at new/updating impact fees.
The Plan encourages the promotion of higher density residential development. For example, the plan call for the Town to strive for 3-5 units an acres for single-family and also promotes more mixed use developments.

ADJOURNMENT:

Motion by Commissioner Pelton, seconded by Commissioner Van Dyke, to adjourn the meeting at 6:24 p.m. Motion carried unanimously.

Respectfully submitted,

Jeffrey Smith

Associate Planner