Plan Commission
Minutes

MOTION Lederer, second Stemper, to adjourn; carried. Meeting adjourned about 9:25 p.m.

Table of Contents

MOTION Huiras, second Stemper, to adjourn; carried. Meeting adjourned about 9:45 p.m.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Tuesday evening, July 9, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. The meeting was held on this date because of the Fourth of July holiday falling on the usual "first Thursday" meeting night. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Chris Janik, James Stemper, Bob Lederer, Brian Huiras, and the Secretary, Carol A. Mueller. Tom Williams was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Minutes of the last Plan Commission meeting, which was held on June 6, 2002, were sent to members in advance for their review. MOTION Stemper, second Armstrong, to approve the minutes as presented; carried.

Chris Luft felt that Tom Williams’ Ordinance Committee report/presentation regarding where growth should take place in the Town would jeopardize the Farmland Preservation program. Luft also felt that Stemper should abstain from voting on the Bobholz issue because he is in the same business. Luft, Cathy Stern, and Lance Leider all commented on the latest report on the DNR study/proposed land buyout, noting they felt the DNR has not been honest with people or the Farm Bureau, and residents should be careful. Stern wondered if the plan to concentrate growth in the Waubeka area/south end of Town was intended so that the DNR could take over the north end.

Del Weiss, Realtor, was present to represent Baumann’s. A discrepancy still exists regarding the easement to the Grasse parcel. Weiss had presented a letter from Attorney Feind’s office dealing with the issue, and felt they were justified in going ahead with plans. Sue Stockwell and Gary Grasse were present and argued that Baumann’s/Del Weiss should put something in writing regarding the easement, which will be agreeable to both parties, and show it on the preliminary plat, before the Plan Commission considers the plan. After discussion, the Plan Commission agreed that the easement issue needs to be resolved first. Weiss will try to get an agreement drawn up along with a revised plat before the next meeting. Baumann’s also plan to have the wetland areas marked off and platted.

HOWARD PANTLE LAND DIVISION REQUEST- Pantle not present

Jeff Bobholz owns a 10 acre parcel in Section 6, at N7000 Camp Awana Road, north of Jay Road. He has been operating a repair business in the existing building/s on the property for the past year and a half. Lederer met with Bobholz and advised him of the fire code regulations when dealing with customers on the premises. Bobholz would need a separate "office" for meeting with customers, and toilet facilities must be present. Lederer noted codes could be met by the use of a construction trailer for an office and a port-a-potty on site. Lederer felt that if Bobholz was going to have to abide by all requirements, others operating "illegally" in the town should have to comply as well. Huiras and Stemper did not feel the area should be rezoned as a re-zone to A-2 had already been granted for this parcel. Janik noted that per our Ordinances, this type of use is not allowed in the A-2 and therefore a re-zone would be necessary; he noted that B-2 districts are spread out all over the Town now and others are operating as non-conforming so he would not be against the proposal. An answer should be sought from SEWRPC and Attorney Edgar regarding the rezoning issue. Bobholz stated he only bought the buildings to store his personal "stuff" and then the business just started by people asking him to fix things. Area residents have been patronizing his business; he fixes most every type of machinery and fabricates parts as needed; it is now his only occupation. With the rezoning issue unresolved, members discussed terms for the conditional use permit as follows: if he ceases operating, any new owner would need to apply for a new permit, and if the business was not approved the parcel would revert to A-2 (if rezoned); no vehicle sales permitted; general repair work only; adequate lighting on the premises; no employees allowed; customers allowed in "office" construction trailer only, not in other buildings; fencing and/or landscaping used to screen vehicles and parts from neighbors’ view; no more than 3 unlicensed vehicles may be stored outside and these must be fenced from public view by a privacy fence; port-a-potty and construction trailer to be located at least 10 feet from existing buildings and behind existing building, out of view of the road and neighbors; parcel/business area must be kept neat and orderly; any complaints not corrected within a reasonable time will be cause for revoking the permit and business operations would have to cease; any changes to the permit will require Plan Commission review and approval. Sign permits will be obtained, as necessary, from the Building Inspector ; attorneys fees for drafting the conditional use permit will be paid by Bobholz, along with the conditional use permit fee of $250, and if required, the rezoning fee of $250.

Monday, July 22, at 7:00 p.m. was set as the date for the Ordinance Committee meeting.

MOTION Mueller, second Stemper, to adjourn; carried. Meeting adjourned about 9:55 p.m.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, June 6, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Williams, Tom Armstrong, Chris Janik, James Stemper, Bob Lederer and the Secretary, Carol A. Mueller. Brian Huiras was unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Minutes of the last Plan Commission meeting, which was held on May 2, 2002, were sent to members in advance for their review. MOTION Stemper, second Armstrong, to approve the minutes as presented; carried.

Brian Enright and Mark Franz, representing Michels Materials, were present for this second visit. Barry Sullivan of the County Environmental Health Dept. had advised the Clerk that the PC should table the issue until it can be determined if County permits are required or if the exemption for DOT projects applies. A letter had been sent to Michels Materials also. Enright noted they would get their NR 135 permit from the County after the DOT contracts ran out. They felt there was no need to get a permit from the County unless they received the Town’s approval for the project. He said they would need a storm water permit from the DNR, but not a Chapter 30 permit. Members were concerned about the length of the project and would like to see restoration of the site within two years. Enright felt it would take at least three or four years as they have three contracts with the DOT now and they were hoping to get more. Mueller noted that the variance Michels wanted to pursue, in order to mine within the Town’s required 200 foot setback from the road right-of-way, could not be granted due to a Supreme Court ruling regarding the granting of variances (variances are only allowed if there is no other reasonable use of the property). Enright said without the variance, the project would not be feasible. He suggested the Town consider amending the M-3 district setback requirements as they are much more restrictive than any others he has seen.

Del Weiss, Realtor, was present to represent Baumann’s. An apparent discrepancy exists regarding an easement to the Grasse parcel, adjacent to Baumann’s property, which would affect several of the proposed lots. Changes due to the C-1 and C-2 portions of the property may also be required. Weiss was advised to resolve these issues before members could consider the preliminary plat.

HOWARD PANTLE LAND DIVISION REQUEST- Pantle not present (CSM not complete)

Jeff Bobholz owns a 10 acre parcel in Section 6, on Camp Awana Road, north of Jay Road. He has been operating a repair business in the existing building on the property for the past year and a half. Signs have been placed without permits. Cars are being sold without a permit. No residence is on the parcel. He would like to have the parcel rezoned from the current A-2 zoning to reflect his business use. Discussion centered on the illegal use of the property. Bobholz said he was unaware of the need for a conditional use permit or that the zoning did not allow for this type of operation. He noted he has no employees and has established a good clientele. He is willing to do whatever is required to bring the business into conformity with town regulations. Lederer asked if there had been any complaints; Ellie Doyle noted that, as a Supervisor, she had received five complaints, mostly regarding the mess on the property. Members expressed concerns regarding building code violations if customers are allowed in the building. Another concern was that of setting a precedent by allowing someone to continue operating just because they have established a business and now want to get approved "after the fact". Mueller felt the repair of farm machinery was an asset for the area. Lederer offered to meet with Bobholz and advise him as to what would be required to bring the building up to fire code. In the meantime, Bobholz was advised to clean up the area and stop selling cars. No action taken at this time. Terms for a conditional use permit may be considered after the meeting with Lederer.

John Turck owned a home and buildings on a 9.73 acre, A-1 parcel, in Section 27, W3660 Fredonia-Kohler Rd. Family members were present to inquire about the possibility of dividing the parcel. Members agreed this would not be possible under the current zoning; A-2 zoning would require 10 acres and more frontage. A home site behind the existing buildings would not be consistent with good planning.

The first Thursday in July is the "Fourth", so it was agreed to hold the next Plan Commission meeting on Tuesday, July 9^th. The Ordinance Committee will meet on Monday, June 24^th at 7:00 p.m. Mueller suggested that a committee be formed to "re-visit" the Long Range Plan. It was agreed to have the Ordinance Committee handle this project.

MOTION Lederer, second Stemper, to adjourn; carried. Meeting adjourned about 9:40 p.m.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, May 2, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. Prior to the meeting chairman Mueller swore in the new Plan Commission members: Chris Janik, James Stemper and Bob Lederer. MEMBERS PRESENT: Chairman Mueller, Tom Williams, Brian Huiras, the new members, and the Secretary, Carol A. Mueller. Tom Armstrong was not present. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Minutes of the last Plan Commission meeting, which was held on March 7, 2002, were sent to members in advance for their review. MOTION Williams, second Huiras, to approve the minutes as presented; carried.

Cathy Stern asked about a garage being built on Hwy H which is higher than the home (a manufactured home). She wondered if that was permitted. No one knew of an ordinance against it; Building Insp., Derler had issued a permit.

Steve Jentges, W4970 Kohler Dr., presented a CSM for a land division of his remaining 6 acre lot in Section 18, between Hwy H and Kohler Dr. Lot 5 and Lot 6 were each depicted as 3 acres on the CSM. The area is zoned R-2, and deed restrictions were placed on the land in 1994 to limit the lot sizes to a minimum of 3 acres, with minor deviations allowed to lot lines to accommodate septic disposal sites; under no circumstances are lots to be less than 2.75 acres. Jentges also presented the approval from the county to access Lot 5 from Hwy H. Lot 6 will be accessed from Kohler Drive. Janik asked if any more lots were planned. Jentges noted, per the agreement, no more lots would be created. MOTION Janik, second Stemper, to recommend the Board’s approval of the CSM as presented; carried.

Mike Debelak , representing Michels Materials filed a request to re-zone approximately 16.5 acres of a portion of the Vernon Huiras and Steven Huiras parcels at the SE corner of Jay Road and Camp Awana Rd. Current zoning on the parcels is A-1 and C-1. He stated the area of extraction would be about 10 acres with the remaining area used for stockpiling, equipment, etc. A variance would be required to mine within the 200 foot setback from the road which is stated in the M-3 zoning district ordinance; they would like to take down the hill which is adjacent to the roadway, and would provide ditching and culverts to improve the corner, for the Town’s benefit. The sand and gravel extracted is to be used for the Hwy 57 project and "other governmental uses". County and possibly DNR permits would be required. A State road bond would be a part of their contract. Many questions were asked regarding how long the project would last, whether there would be a pit, and what conditions would be included in the conditional use permit, such as, restoration of the trees, hours of operation, road use, etc. Mueller polled the members and none had any major objections, but, all would like more information and County and State approvals presented before making a decision or discussing terms for the conditional use permit. A Board of Appeals hearing would likely be necessary to decide the variance issue. Debelak stated they did not know how long the project would take, but would agree to a term of two years with an option to review and renew. All agreed that taking down the hill and restoring the land to farmland were positive aspects of the proposal, but there were environmental concerns. Michels’ will pursue the State and County regulations, and permits which may be required, and return to the next meeting with more information.

Paul Mueller, N7195 Hwy I, owns a 41+ acre parcel in Section 1, immediately south of the Badger Campgrounds, on the east side of Hwy 57. The parcel is zoned A-1, and is currently the site of a temporary concrete batch plant for the Hwy 57 project. Paul said his plans would be to build one unit, with about 40 storage spaces, in a building about 200' by 40' or 50'. Members noted he would need State approval for access from Hwy 57, but did not see a problem with this proposed use, as it is next to a "business" and would be a good location for storage units. Paul will call to be on the agenda for the next meeting if he can get more info regarding Hwy access, etc. A re-zone and conditional use permit would be required.

Plan Commission member Tom Williams gave a presentation on the Plan Review Committee’s recommendations. The Plan Review Committee found that the Long Range Plan guidelines have been followed in the majority of cases since 1996 regarding development and rezoning. Seventy-five homes have been built since 1996, about twelve per year. A target area, three miles in diameter, was shown which covers all of Sections 20,21,28 and 29, a portion of the east side of Sections 19 and 30, a portion of the west side of Sections 22 and 27, a portion of the south side of Sections 16 and 17, and a portion of the north side of Sections 32 and 33. It was recommended that building should take place in this area at a 5 acre density, and to meet that recommendation, approximately 250 to 275 acres could be rezoned from A-1 to A-2, if requested. The so-called inventory of available lots at this density does not now exist. Some of the factors to be considered when the Town is presented with plans for development would include the following: is the land in the "target" area; proximity to existing development; consistent with Long Range Plan pace; impact on adjoining properties; quality of the A-1 land; topography; conflicting uses; likelihood for annexation. Possible design issues to be considered would include the five acre rural density, minimum of 5 and maximum of 20 lots; traffic flow and number of driveways. The next step should be to revise the ordinances to reflect these recommendations. It was also noted that with existing zoning, scattered development could take place in the C-2 zoned areas. Mueller felt that 2-3 acre lots would be preferred, to save farmland, and "cluster type" development should be considered as well. Members discussed these recommendations, but no action was taken at this time. Attorney Edgar is working on revisions to the zoning ordinances, and further discussion will take place after those are complete.

No changes were suggested by members at this time. An Ordinance Committee meeting was set for May 20^th at 7:30 p.m., to allow members time to attend the Village’s Vision 20/20 Committee’s Open House being held earlier that same evening. Lederer and Armstrong had attended the last Village’s Vision 20/20 Committee meeting. Lederer presented members with copies of some of their long range plan elements, and noted that the Village President, Bob Rathsack, would like to form a committee consisting of members from the surrounding towns of Fredonia, Saukville, Belgium and Port Washington, to discuss boundary issues and items of concern to all the communities.

MOTION Williams, second Huiras, to adjourn; carried. Meeting adjourned about 9:50 p.m.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, March 7, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Mary Stehling, Ellie Doyle, John Feltes, Tom Armstrong, Tom Williams, Brian Huiras, and the Secretary, Carol A. Mueller. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Minutes of the last Plan Commission meeting, which was held on February 7, 2002, were sent to members in advance for their review. MOTION Stehling, second Feltes, to approve the minutes as presented; carried 5-0, with Doyle and Williams abstaining as they were not present at the meeting.

Mary Stehling, choosing to speak as a resident rather than a Plan Commission member (her term is expiring), asked that she be reappointed to a three year term in the interest of continuity, and because she has the time and 5 years experience. Chris Luft asked the members to consider all the town’s residents in regard to allowing visual barriers around the proposed Doerr parcels.

Randy Schmit, realtor, and Tom Puddicombe, engineer, representing Chris Doerr, the potential buyer, were present for a fourth visit regarding this plan. They asked the members to recommend the Board’s approval of the CSM as presented, which divides the Praefke parcel into two parcels; parcel 1 to be 35 acres, parcel 2 to be 63.44 acres, with a restriction preventing further division, as the parcel is zoned A-2 and C-1. Discussion centered on potential berms on the parcels, with 5 members speaking against them. Mueller noted that the town does not have an ordinance to regulate this feature and Doyle felt it was not the members job to control the esthetics on the parcel. Puddicombe stated they were willing to work with the town in this regard, but there would be some berming on the parcels, along with a gated entry. Road access is to be to the west end of the property per the County Highway Dept. The berms would be undulating, providing gaps for drainage and scenic vistas, and would be located 40 feet from the right of way. Doyle had concerns regarding DNR permitting, which has not been done to date. She was concerned about the 26 acre lake, which will be filled by a well to be dug on the parcel, and how this may affect the health, safety, and welfare of town residents. Puddicombe noted they will have to abide by the County and DNR rules and permit regulations. After further discussion, MOTION Mueller, second Armstrong, to recommend the Board’s approval of the CSM as presented, with the stipulation that at the time a building permit is applied for, plans for the berm and homes be presented to the Plan Commission; carried 5-2, with Doyle and Stehling voting against.

A CSM was presented indicating the 3 acre parcel at the SW corner of Liberty Lane and Cigrand Dr., will now be

1.67 acres on Lot 1, with the existing buildings, and 1.46 acres on Lot 2. A soil and site evaluation has been done; Lot 2 qualifies for a mound system. Zoning is R-2. MOTION Williams, second Huiras, to recommend the Town Board approve the CSM as presented; carried.

STEVE JENTGES CSM- Jentges CSM was not done, and he was unable to attend.

Dale Moeller, N6318 Pioneer Dr., owns a 72.9 acre parcel with home and outbuildings; Section 16, zoned A-1. He would like to split off 35 acres with the home and create a second parcel of about 37 acres. This second parcel will stay in farming for now. Members saw no problem with this request. Moeller will return next month with a CSM.

Attorney Edgar is currently working on the codification of the Town’s ordinances and asked for suggestions regarding zoning ordinances. Members had no ideas at this time other than to consider berms.

MOTION Stehling, second Feltes, to adjourn; carried. Meeting adjourned about 9:00 p.m.

Table of Contents

A Public Hearing was held on Thursday, February 14, 2002, at 7:30 p.m., at the Town Hall, W4114 River Rd. (enter west entrance to the Waubeka Fire Dept. Bldg.) to discuss and hear comments, for or against proposed ORDINANCE 1-2002: AN ORDINANCE TO AMEND SECTION 12.07-PROTEST, of the Town’s zoning ordinance, so it is in conformity with Wisconsin Statute 62.23(7)(d)2m. OFFICIALS PRESENT: Chair Richard Mueller, Supervisors Ellie Doyle, Chris Janik and Bob Lederer, Clerk Carol A. Mueller, and Treasurer Tom Sauer. Supervisor Susan Stockwell was not present. This meeting was held in compliance with the Open Meeting Law in that copies of the Public Hearing notice was published as required, and posted in at least three public places in the Town, and faxed to The Sounder, The Ozaukee Press, and The Milwaukee Journal-Sentinel.

The Clerk read the notice of Public Hearing as it had been posted and published.

Section 12.07 - Protest - shall now read as follows: In case of a protest against such district change or amendment to the regulations of this Ordinance, duly signed and acknowledged (notarized - in accordance with the "Uniform Acknowledgment Act-Uniform Law on Notarial Acts" as codified in Section 706.07 of the Wisconsin Statutes) by the owners of twenty percent (20%) or more either of the areas of the land included in such proposed amendment, or by the owners of twenty percent (20%) or more of the area of the land immediately adjacent extending one hundred (100) feet therefrom, or by the owners of twenty percent (20%) or more of the land directly opposite thereto extending one hundred (100) feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the Board voting on the proposed change.

The Chairman asked for comments.

Pat Bialzik read a comment from Chris Luft, who was not present, indicating that she felt the ordinance should stay as is in regard to a unanimous vote required rather than the three-fourths vote called for by State Statute. Luft felt this would give power to the people. Bialzik wondered why the notice was posted and published before the Plan Commission discussed the proposed amendment. It was explained that the Board had approved the draft at their January meeting and a Public Hearing was going to be held regardless of the Plan Commission’s recommendation, so it did not matter; the attorney was questioned on this procedure and said it was proper.

Roger Villers also felt the unanimous part should remain a part of the Town Ordinance, noting that the Town could be more restrictive than the State Statutes. Mueller explained that because this is a Statute under Village powers, and it is the same for Towns, Villages and Cities, we could be faced with a lawsuit at some point if we were not in agreement with the State Statutes. The current ordinance was written when there was a three person board, which would make three-fourths or unanimous equal the same number.... three. Since the Board was now a five person Board, this needed to be changed.

After asking three times for further comments, MOTION Rose Leider, second Lederer, to adjourn the Public Hearing; carried.

_________________________

Carol A. Mueller, Town Clerk.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, February 7, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Mary Stehling, John Feltes, Tom Armstrong, Brian Huiras, and the Secretary, Carol A. Mueller. Ellie Doyle and Tom Williams were unable to attend. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Following the Pledge of Allegiance, a moment of silence was held in remembrance of Art and Ruth Koop, John Turck and Walter Laabs, who passed away recently. Minutes of the last Plan Commission meeting, which was held on January 3, 2002, were sent to members in advance for their review. MOTION Feltes, second Huiras, to approve the minutes as presented; carried.

Chris Luft and Roger Villers spoke against amending the "protest" ordinance. The Clerk explained that two attorneys felt the Town’s ordinance was in violation of State Statute and needed to be changed or the Town could be faced with lawsuits. While ordinances may be more restrictive than the Statutes, this one applies to not only towns, but cities and villages as well, and therefore should be consistent with the Statutes. Chairman Mueller noted that from now on public comments will only be allowed during this scheduled "timeframe"; he will not allow comments from the "audience" during the meeting as he was advised that this violates the Open Meeting Law. Luft stated that Chmn. Mueller better not allow the Clerk to talk (regarding her opinions) either if this is to be the case.

Del Weiss, representing the Mildred Hartmann family, presented a CSM dividing her 75.45 acre parcel in Section 5, at the NE corner of Jay Rd. and Oriole Lane. Proposed Lot 1, 35 acres, Lot 2, 35.18 acres, and Lot 3, with the existing home and outbuildings, 5.27 acres. Zoning is A-1. No re-zone requested or needed. Weiss had "perc" tests for all lots. MOTION Armstrong, second Huiras, to recommend the Town Board’s approval of the CSM as presented; carried 5-0.

Randy Schmit, realtor, Bill Burckhardt(?) and Tom Puddicombe, engineers, along with Chris Doerr, the potential buyer, were present for a third visit regarding this plan. They noted they had spoken with the DNR who offered suggestions regarding recreating wetlands and restoring some that were lost to farming practices over the years. They presented the proposed land division which would place the caretakers home and outbuildings on Hwy A, on a separate parcel of 35 acres, which is mostly zoned A-1. A 26 acre lake with an island in the middle is planned for the center portion of the other parcel; a year round home would be built on the north end; both parcels would be under Doerr’s ownership. This 60+ acre parcel is zoned A-2 and C-1. They plan to stay out of the floodplain and work within the DNR and County requirements. Armstrong asked if berms were planned. They are planned, but will be the undulating type, especially along Hwy A to screen headlights. Landscaping will be extensive to provide privacy as well. Doerr noted he is not a developer, but has been looking for the right piece of property for a weekend retreat. This parcel met the zoning and topography he was looking for. Feltes made a lengthy motion which was seconded by Armstrong; discussion followed to clarify the motion; motion failed, 5-0. Stehling felt a time out should be taken, as proposed last month, to study large parcels. Mueller noted the Hartmann land division was a large parcel also and she did not object to that land division. Stehling was hesitant about making a decision on this issue as we have no ordinance to cover an "estate" parcel. MOTION Feltes, second Armstrong, that they would recommend the Town Board’s approval of the land division as proposed tonight (pending presentation of the CSM), with a deed restriction on the 60 acre A-2 portion to prevent further land divisions; carried 4-1 with Stehling voting against. Buyer will present CSM for approval by the Plan Commission next month.

Shaner was back for a first visit regarding this proposed land division. A CSM prepared in 1994 was presented. Three lots would be created....Lot 1 along Pioneer Road would be 35 acres, Lot 2 and Lot 3 would front on N/S Hwy H and be 38.1 and 35 acres respectively. They noted the cemetery had requested a piece of Lot 3 and the CSM may be altered to accommodate this request. A letter was presented from Oz. Cty. Environmental Health Dept. regarding access to Lot 1 from Pioneer Road. Lot 1 could not be developed until certain requirements were met as it is partly in a floodplain area. A possible solution would be to have an easement outside of the floodplain to allow access to Lot 1 through either Lot 2 or Lot 3. Soil and site evaluations done in 1999 were still valid, but a sanitary permit could not be issued for Lot 1 until the Dry Land Access requirements have been addressed. A driveway easement may be provided to serve all three lots, in which case an agreement would be required. Chairman Mueller noted he felt the PC was missing an opportunity for proper development of this parcel. Shaner will return next month with a CSM.

Steve Jentges, W4970 Kohler Dr., requested a land division of his remaining 5.47 acre lot in Section 18, between Hwy H and Kohler Dr. The area is zoned R-2, but deed restrictions were placed on the land in 1994 to limit the lot sizes to a minimum of 3 acres, with minor deviations allowed to lot lines to accommodate septic disposal sites; under no circumstances are lots to be less than 2.75 acres. The old survey indicated this area was 6 acres, but the County’s section maps show it as 5.47 acres. The new CSM may show otherwise. Mueller noted that in the R districts lots are not measured to the center of the road as they are in the A districts. Jentges was advised to return next month, after obtaining permission from the county for driveway access for Lot 3 from Hwy H, along with a CSM. Lot 4 would be accessed from Kohler Drive. Four lots were created in this "triangle" in July of 1996, and a time limit of five years was imposed before these two remaining lots could be created, to avoid the division being considered as a subdivision. The agreement, and minutes noting the above provisions, were provided to all members by the Clerk.

DALE MOELLER REQUEST FOR LAND DIVISION- Dale was not present, issue tabled.

ORDINANCE 1-2002, TO AMEND SECTION 12.07 PROTEST, OF THE TOWN’S ZONING ORDINANCE The Town Board had reviewed this proposed ordinance last month and today presented it to the Plan Commission, for their recommendation, prior to the Public Hearing scheduled for February 14^th. Stehling noted the public comments heard earlier and wondered why this should be changed. Luft wondered why the Public Hearing notice had already been published. The clerk noted that Attorney Edgar had approved the draft of the ordinance and suggested it go before the Plan Commission prior to the Public Hearing, which is held by the Town Board...he did not see a problem with going ahead with the notice before receiving the PC’s recommendation. MOTION Mueller, second Armstrong, to recommend the Town Board’s approval of this Ordinance as presented; carried 4-0, Stehling abstained.

Attorney Edgar is beginning work on codification of the zoning ordinances and asked for ideas for changes, additions, or amendments. Members did not have any suggestions at this time. The Clerk suggested they read through the current zoning ordinances and bring ideas to the next meeting so she can report back to Edgar.

Plan Commission members Stehling, Armstrong and Doyle, along with Supervisor Lederer and Treasurer Sauer, had attended a meeting of the County Taxation and General Claims Committee, on Feb. 4^th, to join in the discussion of the future of the former Magritz parcel. This 62 + acre parcel, with home and outbuildings, in Section 34, is now owned by the County due to unpaid taxes. The parcel is heavily wooded and has river frontage. Some County people would like to keep the parcel and add it to the County Park System as a "low density" park. Others feel it should be put up for bids as is usually done with "confiscated" property. Another idea is to sell the home and outbuildings with ? acres and retain the rest of the land for a park. Most Town Board and Plan Commission members would like to see the parcel remain on the town tax rolls, but would also like to see it preserved. A suggestion was made that if the County retains the parcel, they should take over maintenance of Shady Lane. No decisions were made and another meeting at the County is scheduled for Feb. 25^th.

Chairman Mueller noted he had been approached about the possibility of someone selling fireworks on Hwy 57, in an area zoned for business. Sales would be temporary, possibly for a few months of the year. Members were asked if they would consider this or not...if not, the item would not be placed on a future agenda. Members present indicated they would not be interested in having this in the town.

MOTION Armstrong, second Huiras, to adjourn; carried. Meeting adjourned about 9:25 p.m.

Table of Contents

A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, January 3, 2002, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Ellie Doyle, Mary Stehling, John Feltes, Tom Armstrong, Tom Williams, Brian Huiras, and the Secretary, Carol A. Mueller. This meeting was held in compliance with the Open Meeting Law in that copies of the agenda were posted in at least three public places in the Town and faxed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel.

Minutes of the last Plan Commission meeting, which was held on December 6, 2001, were sent to members in advance for their review. MOTION Feltes, second Williams, to approve the minutes as presented; carried.

Chris Luft, Ron Strauss, Karen Lewis, Lisa Wallish, Hank Nask, Roger Villers and Tom Williams all had comments regarding the Shaner land division and requested re-zone. Luft was against rezoning the parcel and felt the details of such a plan should be worked out before the parcel could be considered for rezoning. Strauss wanted to buy or lease the parcel for his use in farming, but said he was told it is going to be subdivided. Lewis said she had tried to purchase the land from Shaner and his former partners, and felt that what Shaner bought was farmland and it should stay farmland, or be sold at farmland prices. Nask felt that if the parcel was rezoned, the 27 acres not parceled out should be in joint ownership by the other 16 lot owners. He also had questions about procedures...what happens next. Wallish and Villers felt the land should stay A-1 and commended the Plan Commission for following the "plan". Williams, a Plan Commission member suggested taking a "time out" and presented his proposal; copies were given to members. He noted he was not anti or pro development, but felt time was needed to do a study.

Randy Schmit , realtor, and Tom Puddicombe, engineer, representing Chris Doerr, the potential buyer, were present for a second visit regarding this plan. They were looking for direction if the members wanted a land division. They noted all buildings and land would stay under one ownership. They realize they have to get permits from the DNR and that is their next step. A poll of the PC members was taken: Doyle noted this plan is also taking land out of farming and three homes on one parcel doesn’t fit into the town’s zoning, a land division would be required and the DNR’s permits would probably decide where lots could be created; Mueller felt they should put the caretakers home on the non-conforming A-1 part of the parcel, and divide the rest into two 35 acre parcels with one home on each, possibly with deed restrictions attached...could find a way to make it work; Feltes thought the plan had a lot of merit but wondered about the impact, good or bad, it would have on the community..needs time to evaluate this concept; Stehling felt members should consider a new ordinance, but Doyle said no, if it doesn’t fit, it doesn’t fit... Stehling liked the concept but needed more info; Armstrong said he liked the open space of the plan, but wondered what was being created...a resort, an estate, a development?...not ready to offer his support at this time; Williams said it was an interesting concept and he would like to see it happen, but the problem of three homes on one parcel needs to be addressed; Huiras liked what was presented as it would preserve greenspace and wetlands and would add to our tax base..should be done within our existing ordinances; Doyle again noted that it would have to be a land division and that members have to consider the best use of the land, not who is making the request, nor their financial status. In summary, Mueller noted the majority would probably go along with this plan, but a land division is going to be required. Puddicombe said they will return when they have the preliminary CSM’s prepared.

Dale and Ray Hartmann were present to discuss a land division of Mildred Hartmann’s 74.65 acre parcel in Section 5; zoning is A-1. Mildred is no longer living in the home or able to continue farming, and the family would like to sell the home and outbuildings with 5 acres, under the farm consolidation concept. The remainder of the land would be divided between Dale and Ray and either result in separate parcels or be joined to their existing, adjoining parcels. They will return with plans and CSM’s as required.

Shaner was back for a third visit to get the Plan Commission’s recommendation to the Town Board for the re-zone from A-1 to A-2, which would be necessary for the plan he proposed last month...16-5 acre lots. After discussing Williams proposal, members were polled; all agreed to step back and study what type of development the town wants or needs. Hank Nask suggested tabling the issue. MOTION Williams, second Stehling, to recommend the Town Board table this issue, for not more than six months, to allow time for a study; carried. Realtor Mike Schowalter, representing Shaner, asked if they could still divide the parcel into three 35's; Mueller said yes, that couldn’t be stopped.

Robert Huiras, W3462 Belgium-Kohler Rd., owns a 105.1 acre parcel in Section 27, the former Meyer farm on Fredonia-Kohler Road; current zoning is A-1. He requested a re-zone to R-2 to allow for one acre (more or less) lots to be developed. Two preliminary plans were presented indicating 71-80 lots would be created on this parcel. Huiras feels the Town needs development and more taxes to help pay the teachers. He noted if anyone wants to keep this land as farmland they could buy it for $6,000 an acre and preserve it. Doyle suggested that after turning down Shaner’s proposal, members should not give Huiras false hope; turn it down right now. Brian Huiras asked if Bob would put a deed restriction on another large parcel he owns across the road to the west, so it would not be developed also. Bob said he would, if necessary. Members felt this large number of lots was too intensive and discussion was brief. MOTION Williams, second Stehling, to recommend the Town Board deny the re-zone from A-1 to R-2; carried. (Secretary’s note: A second visit would be required before the Board would hear this issue; a second visit was not requested by Huiras at this time). Huiras mentioned that he could come up with a different plan.

MOTION Feltes, second Williams, to adjourn; carried. Meeting adjourned about 9:45 p.m.

Table of Contents