APPROVED
PLAN COMMISSION
September 6, 2007
Members Present: Ray Knapp, Dan Pearson (arrived 7:30), Chris Mueller, David Wolf, Mark Mitchell, Paul Mahler
Members Absent: Bob Rolle
Staff Present: Rob Jones, Cedar Corp.,
Recording Secretary: Sharon Weide
Others present: Tom Beekman, Terry Pederson, Jeff Abramson, Heather Harrington, Jeff Abboud, Greg Tschumper, Theresa Barnes, Jon Sonnentag, Charlie Macdonell, Joe Merchak, Jan Cuccia, Elizabeth and Peter Lockwood, Peter Thompson, Bob Rolle, Bruce Lenzen
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Minutes of the June Plan Commission meeting were
reviewed.
Mark Mitchell
moved to approve the August 2 minutes.
Paul Mahler seconded. Motion
passed, all in favor.
2. Acknowledgement of applications for action as regulated by SDO;
There were no applications for action.
3. Review STH 35 Local Access Closure Plan;
Terry Pederson (WisDOT) introduced other members of
the Highway 35 project team. They are
Tom Beekman, Jeff Abboud, Jeff Abramson, and Heather Harrington. Ray Knapp shared with the Plan Commission the
dates he has been provided for the completion of the stages in this
project. He reported that it could take
between 15 and 20 years before all private accesses were closed and reminded
that the Plan Commission that there will be a public information meeting in the
near future.
Terry Pederson gave an overview of the project. He explained the Memorandum of Agreement
between WisDOT and the Town, preliminary plans to provide local road
connectivity and the time frames for doing so, what is included in the
environmental document that will be completed and spoke to the official mapping
that will take place.
Ray Knapp asked if a development were to go in along
STH 35 before the DOT was ready to close off access, who would be responsible for
building local access roads. Terry
Pederson stated the developer would be responsible. Tom Beekman went on to say that there is no
guarantee that local access will be provided because WisDOT has not purchased
the right of way yet. He went on to say
that economics determines if the purchase of right of way and the cost of a
local access road will occur, or whether WisDOT will buy the properties
involved outright. Additionally, he
stated that even prior to freeway designation, if property owners along STH 35 had
developed their land they would not have been able access STH 35 directly.
Chris Mueller asked what the normal trigger point is
to put the local roads in. Terry
Pederson said the freeway would be closed off if there is an overt safety or
operational problem. Dan Pearson
expressed his concern with the speed already and feels it will only get worse
as this project progresses.
Terry Pederson went on to say that the design of the
Glover half interchange may change slightly based on new WisDOT standards. He finished by reviewing the project
schedule. There will be a public
information meeting introducing the project on September 20 at the
Copies of the local road location map memorandum of
agreement are available at the
4. Discuss & consider TDR sending & holding permit & any
necessary Developer’s Agreement amendments – Valley Land Co.,
Jon Sonnentag, representing Valley Land Co.,
explained that there were nine development rights on this property when the original
CSM was approved Four have been used for
the 4 lot CSM, one has been used for the lot on the north side of Bjerstedt
Lane, and one is being reserved for a possible home on the outlot.
Ray Knapp asked about the condition of the
landscaping and its timing. Jon reported
that the evergreens are staked and that as soon as they are planted the
deciduous trees will go in. He said this
must be done this fall.
Rob Jones said that the Town Atty. has all the
signed documents and feels that this arrangement reaches one of the Towns goals
of limiting additional sub-development of this parcel.
Chris Mueller asked if this action is an exception
to how the Town normally operates. Rob
Jones answered no but that the Developers Agreement needs to be amended to
reflect that the conservation easement will encumber the entire property.
There was additional discussion and clarification of
the landscape plan and the timing.
Landscaping will take place this fall.
Ray Knapp referred to a document from the Town Attorney.
The remaining unused DR will go with
outlot one and may someday be used to create a lot if the City changes its
ETPJA regulations.
Paul Mahler
moved the Plan Commission recommend the approval of the TDR sending and holding
permit for three development rights for Valley Land Co., Bjerstedt Lane
contingent on the necessary Developers Agreement amendments being drafted and
signed. Dan Pearson seconded. Motion passed, all in favor.
5. Review & recommend request for additional phase – DCCI, Meadow
Ridge of
Ray Knapp explained that there are two issues the
Plan Commission needs to consider.
First, this particular development and a second broader issue as to
whether the Plan Commission wants to consider additional phases in developments
after a final plat has been approved. He
explained that this development was approved to go as two phases and that the
Town is now being asked to allow the developer to break this into three phases.
Jon Sonnentag, representing DCCI, Meadow Ridge of
Troy, went into detail about the original plan for the development. He stated that there are 31 lots on the lower
side of
Ray Knapp brought the Plan Commissions attention to
a memo from the Town Atty. He went over
the changes that would be needed to the Developers Agreement and also mentioned
that the Atty. felt this would be a good time to review the project for current
compliance with all requirements.
Paul Mahler asked if this request would extend the
requirement that this project be complete by 2010. Jon Sonnentag said no. He went on to say that there would be no
changes in lot, road or storm water management design.
The Plan Commission reviewed developments that have
been approved in phases and then discussed if the Plan Commission wants to,
from a policy standpoint, reopen projects where a final plat has been approved
for a specific number of development phases.
Greg Tschumper expressed his belief that adjacent
landowners should be notified of changes such as these and feels that this
should be the future policy. There were
a number of suggestions made on how this could be accomplished.
Chris Mueller stated that he felt the Town should be
somewhat flexible and that allowing an additional phase for DCCI wouldn’t necessarily
mean it would granted for another developer.
Paul Mahler said that conceptually he has no problem with this project
and that he doesn’t think it makes sense to have roads built prematurely that
will not service homes for some time.
Paul Mahler moved
to recommend moving forward with an additional phase for DCCI, Meadow Ridge of
Troy conditional on the concerns expressed by the Town Attorney that the Town
Engineer review and report back to the Plan Commission that an additional phase
will not adversely affect the development and that the Town Attorney and Town
Engineer verify that the development is currently in compliance with the
Developers Agreement. Chris Mueller
seconded. Motion passed, all in favor.
6. Public Hearing/permit review in Riverway for a 24 month additional
extension for building permits 04-199 & 04-200 – Joe Merchak,
Joe Merchack explained that he has building permits
to expand his dwelling and improve an accessory building. Because of the conservation easement on his
property he needs permission from the DNR to make any improvements. He is asking for another extension for his
building permits to have additional time to work through a number of issues
with the DNR.
The Plan Commission then reviewed a letter from Mr.
Merchak to Ray Knapp and the 8/23/07 letter from the DNR to Joe Merchack.
Ray Knapp opened the Public Hearing at 8:34. There were no comments, the hearing was
closed.
Chris Mueller asked Mr. Merchak if he wanted an
additional extension because he didn’t like the DNR’s answer: Joe explained that there is a new group of
people involved at the DNR, gave
additional background of the process he has gone through and some of the road
blocks he has been facing.
Ray Knapp expressed concern about recommending the
Town Board approve another extension because these permits were originally
issued in 2004, and now three years old and a new river way ordinance is in
place. He feels that Mr. Merchak should
reapply under the new ordinance once he has resolved issues with the DNR.
Chris Mueller asked why Mr. Merchak doesn’t reapply
under the new ordinance. Joe explained
that he wanted to work under the old rules as they wouldn’t require all the
variances. He then reviewed what he
changes he originally wanted to make to his home and accessory building.
There was additional discussion on whether this
permit should be allowed to expire and the dates it was approved and
subsequently extended.
Chris Mueller
moved to recommend that the Town Board not approve an extension for building
permits 04-199 & 04-200 – Joe Merchak, 210 N. Ilwaco Rd. Mark Mitchell seconded. Motion passed, all in favor.
7. Public hearing/permit in Riverway for conditionally approved activity
in the riverway for 3-lot CSM and exceptions to design standards for a shared
driveway in lieu of a town road and to allow greater than 3:1 ratio for lots
one & two – Robert & Susan Rolle,
Jon Sonnentag, representing Robert and Susan Rolle,
gave a short explanation of the 3-lot CSM that was discussed during the concept
review. This design will require two
exceptions to design standards. The first
is for a shared driveway in lieu of a town road and the second is to allow a
greater than 3:1 ratio for lots one and two.
This density would allow the parcels to have more shoreline and maintain
the pristine nature of the area. The
remainder of the property (22 acres) would carry a restriction requiring any
future owner to put in a town road or build a private road to town standards
should there be further development. He
explained that Mr. Rolle will also file a letter of credit within 30 days of
closing on the first sold lot to ensure that the driveway is built as stated in
the proposal. This LOC must be filed
prior to any building permits being issued.
He went on to say that the soil borings, private septic and house
sitings have all been evaluated.
Rob Jones then reviewed with the Plan Commission the
process they should follow during the remainder of their review and the Public
Hearing. He also reviewed the following
engineering comments:
-regarding the conditionally permitted land division
within the Riverway District minimum lot widths are met.
-regarding the shared driveway access a variance is
required to section 125 of the SDO.
-regarding the minor subdivision relating to the SDO
a variance to section 135 is required to allow a greater than 3:1 ratio for lots one and two.
The Plan Commission then reviewed comments from the
Town Attorney.
Ray Knapp opened the Public Hearing at 9:02 PM.
Peter Lockwood stated that he, his wife and her
family have lived on property located on the St. Croix River since 1916 and
have been good stewards of the land. He
said that he remembers a much stronger stance being taken on activities in the
riverway in the past and that although he knows this is progress he’s not sure
it meets the original objectives of the Lower St. Croix Scenic Riverway. He is worried that this application doesn’t
meet the original NR118 objectives. If
the Plan Commission approves this proposal he would like to see a restriction
that there can be no further development in this 3 lot area.
Peter Thompson said that he echoes Mr. Lockwood’s
request that there be a restriction on further development. He stated that several members of the Plan
Commission have said in the past that they would support this proposal if that
would be the end of it. Now that doesn’t
appear to be the case. He would like to
see a restriction on further development.
Bob Rolle said his realtor has told him that a
restriction limiting further development cannot be done as it restricts a
future owner from doing a legal activity.
He stated that he and his wife have signed the Developers
Agreement. He has also received a copy
of the standard road maintenance agreement but that Mr. Thompson has refused to
sign it unless there is a stipulation that lot 3 will not be further
subdivided.
Ray Knapp read a letter from Glen Wiese into the
record:
“I will be unable to attend the Planning Commission
hearing on September 6, 2007 because I will be out of the area due to the death
of a relative. However, in lieu of
attending personally, I am appearing by this letter and advising that my wife
and I have no objection to the proposed shared driveway plan by Mr. and Mrs. Rolle
(Item 7 on your agenda). I would
continue my objection; however; to any expansion of the agenda item to include
a reconsideration of a Town road across our adjacent property, as I set forth
in prior correspondence dated July 11, 2007.
Respectfully, Glen Wiese”
There were no other public comments.
The Public Hearing was closed at 9:15.
A discussion took place between Paul Mahler, Rob
Jones, Bob Rolle and other members of the Plan Commission regarding the width
of the shared driveway and whether there was room for emergency vehicles, and
room for vehicles to turn around at the end.
A review of past proposals and alternatives was given. Mr. Knapp expressed his disappointment that
Mr. Wiese would not allow access across his property for a Town road. The shared driveway is not the preferred
alternative.
Mark asked for clarification that sewer and septic
issues have been addressed. Jon
Sonnentag and Bob Rolle stated all of the necessary paper work has been
submitted to the County. Bob also said
his application for a variance on the 3:1 lot ratio will be heard by the County
on the 23rd of September.
Ray Knapp then read from a memo by the Town Attorney
that she is recommending that any changes the County makes to the Rolle
proposal be brought back before the Town Plan Commission for approval.
Additional discussion took place between Plan
Commission members regarding the shared driveway and the turn around for
emergency vehicles.
Mark Mitchell
moved the Plan Commission recommend approval to the Town Board for a riverway
permit for conditionally permitted activity in the riverway and exceptions to
design standards including a shared driveway and a greater than 3:1 front to
back average lot ratio on lots one and two under the condition that the Developers
Agreement is signed, road maintenance covenants is provided and that all
changes to what the Town has approved made after the fact to satisfy County
requirements must then be presented to the Town and separately reviewed and
that the CSM approval is contingent that lot 3 will not be further subdivided
unless serviced by a Town road or a private road built to Town standards. David Wolf seconded.
Jon Sonnentag was told that there must be a
statement on the CSM that references the private road and states that the Town
is not responsible for the maintenance.
Ray Knapp read into the public record:
The Plan Commission has considered the preservation
of the view and use of the river. We have
considered the maintenance of safe and healthful conditions. We have considered the prevention and control
of water pollution. We have considered
the location of the site in respect to floodways, flood plains, slope
preservation zones, and blufflines. We
have considered the erosion potential of the site and the impact on terrestrial
and aquatic habitat and the location of the site in respect to existing or
future roads, the adequacy of proposed wastewater treatment, and the
compatibility with adjacent land uses.
Ray then asked if any Plan Commission members had concerns about any of
these criteria. None were expressed.
Motion passed,
all in favor.
8. Public hearing/permit in Riverway to construct a home and related
conditionally permitted activities– Terry & Peggy Kingston,
Bruce Lenzen, representing the
During the site review the property was viewed from
the river. Red balloons were used on the
bluff to mark the location of the home site.
Plan Commission members that attended the site review agreed that the
home will be visually inconspicuous.
Mr. Lenzen the asked for clarification of
“bluffline” for future reference. There
was considerable discussion around this topic including highest visible
bluffline, slope preservation zones setback requirements and direct facing
bluffline.
Bruce then went on to say that this home will not be
built in a slop preservation zone but that some grading will be required in the
construction of the home and to control water run-off.
Ray Knapp said that this project looks like something
the Plan Commission could approve, based on information given at the site
review. Mark Mitchell agreed. Mr. Lenzen was told that grading is allowable
in a slope preservation zone as long as best practices are followed.
Mark Mitchell asked the status of the riverway
violations. Bruce Lenzen stated that he
met with the County and the beach issues are being resolved. The
It was determined that Bruce needs to submit a
complete new application packet to the
9. Building Permits/Utility Permits;
Members of the Plan Commission reviewed the Building
and Driveway permits. There were no
utility permits.
10. Review & recommend Riverway application timeline;
Ray Knapp stated that Mark Mitchell has submitted a
proposal to represent the Town at County river way site visits and timelines
will be discussed by the Town Board at the September 13th meeting.
Dan Pearson
moved to table agenda item number 10 until next month. Paul Mahler seconded. Motion passed, all in favor.
11. Committee Reports & correspondence;
Ray Knapp reported that he received a letter from
the St. Croix County Highway Dept. stating that the deadline for TRIP grants is
November 1. He referred this to Rob
Jones.
Ray Knapp stated that the Huberty’s on
Ray Knapp said that he received a letter from the
Town’s Attorney relative to the Madsen property. The Madsens want to meet with representatives
from the Town to discuss forfeitures and bring their property violations to a
conclusion.
Paul Mahler asked if there was any additional
information regarding the
Additional discussion took place regarding the
parcel north of Stageline and the possibility of a Super Wal-Mart and Target
being opened in
12. Adjourn;
Dan Pearson
moved to adjourn at 10:55 PM. David Wolf
seconded. Motion passed, all in favor.