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A meeting of the Plan Commission of the Town of Fredonia was held on Thursday, November 6, 2003, in the Waubeka Firehouse meeting room, with Chairman Mueller calling the meeting to order at 7:30 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Brian Huiras, Robert Lederer, Chris Janik, Jim Stemper, and the Secretary, Carol A. Mueller. Tom Williams was unable to attend. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and emailed to The Sounder, Ozaukee Press, and Milwaukee Journal Sentinel. Minutes of the last Plan Commission meeting held on October 2nd, were sent to members in advance for their review. MOTION Huiras, second Janik, to approve the minutes as presented; carried. PUBLIC COMMENTS - None REVIEW CONDITIONAL USE PERMIT FOR JOHN CROSSLEN The terms of the Conditional Use Permit, as drafted by Attorney Edgar, were read by Chmn. Mueller. The permit is to operate an auto restoration business at W4110 Memorial Drive, zoning is B-1. MOTION Armstrong, second Janik, to recommend the Town Board’s approval of the CUP as read; carried. ERIC KOCHER LAND DIVISION Eric Kocher owns a 3.55 acre lot at W4224 Hwy A, zoned R-2. A CSM was presented, by Realtor Tom Didier’s assistant, indicating the lot would be divided into two lots; one lot with the existing home and a vacant lot with access from Mill Street, each about 1.7 acres. MOTION Stemper, second Lederer, to recommend the Town Board approve the land division as depicted on the CSM, providing a soil and site evaluation is provided; carried. ALBINGER LAND DIVISION Ken Albinger owns a 95 acre parcel in Section 33, at the northwest corner of River Park Rd. and Hwy I, zoned A-1 and C-1. Lawrence Albinger owns a 20 acre adjoining parcel, to the west on River Park Rd., also zoned A-1 and C-1. The CSM presented indicates the 20 acres owned by Lawrence Albinger will be joined with 15 acres of Ken Albinger’s parcel. This will leave a 35 and a 45+ acre parcel. MOTION Armstrong, second Huiras, to recommend the Town Board approves this land division conditional on proof that the 20 and 15 acre pieces are joined; carried. ARNOLD KESSEL REQUEST FOR POSSIBLE LAND DIVISION Arnold Kessel, N5560 Riverside Rd., owns two parcels in Section 30, a 35 acre parcel with his home, and a 41.94 acre vacant parcel; both have some A-2, A-1, and C-1 zoning, and include land on both sides of the river. Kessel presented plans of how he would like to divide the parcel by splitting off the home with 5 acres from the smaller parcel, and then create 2-35 acre parcels from the remaining land. His neighbor, Chris Kohn, was present and asked to speak, noting he objects to this land division. Kohn lives on an 8.5 acre parcel which was split off of these parcels previously. Members reviewed the proposed plans and suggested that in order to meet zoning, Kessel would need to take 5 acres from the larger parcel and add it to the smaller parcel. This could be done without Plan Commission or Town Board approval, providing no new parcels would be created, and both parcels would still be at least 35 acres. The home would then be on the larger parcel, and in the future he could request splitting off 5 acres in the A-2 area along Riverside Rd., and sell the home with 35 acres. Kessel will consider these options. KIRMSE REQUEST FOR LAND DIVISION Ray Kirmse, 402 Hwy 33, owns a 44+ acre parcel in Section 31, on Country Lane, zoned A-1, A-2 and C-1. The Town Board did not accept the Plan Commission’s recommendation for a land division and rezone with deed restrictions. The new proposal would split off 9.31 acres zoned A-2 and C-1, and leave a 35 acre parcel zoned A-1 and C-1. No deed restrictions would be needed as the 35 acre parcel could not be further divided without approval. The existing deed restriction on the 44+ acre parcel would automatically be void as this parcel would no longer exist. MOTION Lederer, second Janik, to recommend the Town Board approve the plan as presented tonight; carried The DNR is hosting an informational meeting in West Bend, on November 13th, regarding conservation subdivisions. Several members indicated they would attend. MOTION Stemper, second Lederer, to adjourn; carried. Meeting adjourned at 9:30 p.m. ______________________________ Carol A. Mueller, Secretary page 1 of 1, Nov. 6, 2003, PC minutesA meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, October 2, 2003, 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 Armstrong, Brian Huiras, Chris Janik, Bob Lederer, and the Secretary, Carol A. Mueller; Tom Williams and James Stemper were unable to attend.. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press, and Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting held on September 4th were sent to members in advance for their review. MOTION Lederer, second Armstrong, to approve the minutes as presented; carried. PUBLIC COMMENTS - NONE FINAL PLAT FOR BAUMANN’S WAUBEDONIA RIVER ACRES PHASE II SUBDIVISION Realtor, Del Weiss, was present representing Baumann’s. He presented copies of the final plat which had been sent to the State by the surveyor. Weiss played a recorded message from the surveyor which indicated that the final plat had been approved conditionally by the State, and he was in the process of making the recommended changes/additions. The corrected final plat should be available within a week. Members reviewed the plat as it was presented. Weiss indicated that the changes to be made were technical changes regarding numbers, etc. MOTION Armstrong, second Lederer, to recommend the Town Board approve the corrected final plat when it is received, on the condition that there are no substantial changes; carried 5-0. RAY KIRMSE CSM/DEED RESTRICTION/REZONE Ray Kirmse, 402 Hwy 33, Newburg, presented a proposed CSM which would divide his 42+ acre parcel, on Country Lane, Section 31, zoned A-1, A-2, and C-1, into two parcels...14.18 acres with the home and buildings and a 30.14 acre vacant parcel. The proposed 14+ acre parcel would allow Kirmse to keep the existing home and buildings, with 334' of river frontage, and eliminate the unusual shaped parcel proposed last month. The entire parcel has a deed restriction, placed on the parcel in 1998, which states "there shall be no land divisions or subdivisions of this parcel....without the express consent of the Town of Fredonia". MOTION Janik, to recommend that the Town Board rezone all of the A-1 areas to A-2, accept the proposed CSM as presented, and place a deed restriction on both proposed parcels to prevent any further land divisions, with a 10 year minimum before the deed restriction could be brought back to the Town for possible removal/land divisions. Huiras felt deed restrictions should be more permanent and was concerned that deed restrictions the Town had placed on various other parcels may now be questioned. With no further discussion, second Lederer; motion carried 4-1, with Huiras against, and two members absent. Kirmse said he did not have a problem with putting deed restrictions on the parcels. Attorney Edgar will be contacted regarding procedures to remove the earlier deed restriction, and if possible, to advise the correct wording to place the new deed restrictions directly on the CSM/s. Kirmse was advised that he will be responsible for the legal fees to accomplish this. Mueller felt the Town Board should review this proposal before proceeding with the application for rezone and Public Hearing. Kirmse will attend the next Town Board meeting on Oct. 16th. KEN ALBINGER/LAWRENCE ALBINGER LAND DIVISION Ken Albinger, N4965 Hwy I, Section 33, owns a 95 acre parcel zoned A-1 and C-1. Lawrence Albinger owns an adjoining 20 acre parcel, also zoned A-1 and C-1. They would like to join the two parcels and then create two 35 acre parcels on the west end of the combined parcels. Access would be from River Park Road. Mr. & Mrs. Ken Albinger were present, along with Will Hollrith, Realtor, and presented a proposed CSM. Members discussed the plans and agreed that the two parcels need to be legally joined and placed into common ownership, prior to doing the land division. It was also suggested that the lot line could be made straight and still allow for two 35 acre parcels. Albingers will join the parcels and take care of the necessary transfers, before returning with a CSM. Members did not have a problem with the proposed land division, as it complies with the zoning code. CONDITIONAL USE PERMIT REQUEST FROM JOHN CROSSLEN John Crosslen and his son Tim were present. They are leasing the building at W4110 Memorial Drive in Waubeka; lot is zoned B-1. They plan to purchase the building in the near future and want to operate an auto restoration business at this location. Crosslen noted they have talked to all of the neighbors, and no one had an objection to their proposal. Members and Crosslens discussed terms for the CUP and the following will be sent to Attorney Edgar for drafting of the CUP: limit outside storage to no more than two (2) vehicles; auto restoration only, no sales on site; principal business activities to be conducted during the hours of 8 a.m. to 5 p.m.; outside lighting limited so as not to disturb neighbors; building and lot to be kept neat and clean; if there are any employees, the number should be limited to six (6); signage may be used providing it complies with Town Ordinances; all applicable State codes must be complied with or the CUP would be voided. Lederer, who is also a Fire Inspector for the WFD, noted he had recently inspected the building, which has been used for manufacturing, and felt there would not be a problem with State codes. Crosslen has applied to the State to dba Auto Style, LLC; paperwork on the name is pending. Crosslen will be responsible for the attorney fees for drafting the CUP, and paid the fee for the Public Hearing. MOTION Huiras, second Lederer to adjourn; carried. Adjourned at 9:10 p.m. ________________________ Carol A. Mueller, Secretary A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, Sept. 4, 2003, 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 Armstrong, Tom Williams, Brian Huiras, Chris Janik, James Stemper, Bob Lederer, and the Secretary, Carol A. Mueller. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press, and Milwaukee Journal-Sentinel. Minutes of the last two Plan Commission meetings held on August 7th and August 26th were sent to members in advance for their review. MOTION Stemper, second Armstrong, to approve the minutes as presented; carried. PUBLIC COMMENTS Many residents, including Bob and Joanne Behrens, John and Laima Hurth, Tim Sevener, Fred Schmitz and Cliff Baumann, voiced their concerns regarding item #6 on the agenda. Objections included the fact that a large portion of the parcel is zoned C-1 and a lot of wildlife would be disturbed; allowing a rezone would be "spot zoning" and against the Long Range Plan; they would not want the additional traffic on this one mile long road (Evergreen Rd.); the negative effect a slaughtering operation could have on the surrounding properties and concern for pollution of the waterway/wetlands that run through the property. With residents who live in the immediate area being opposed to this possible rezone, they asked that the PC members give this issue their careful consideration. John Crosslan had questions regarding his possible purchase and use of the building at W4110 Memorial Dr. The lot is zoned B-1. Crosslan would like to operate an auto restoration business if he purchases the building. Members agreed he would need a conditional use permit. ZIGNEGO READY MIX, INC. CONDITIONAL USE PERMIT The Conditional Use Permit as drafted by Attorney Edgar was presented. The area to be used for the temporary concrete plant would be about 2 acres. It was suggested that Article II (A) be revised to eliminate "not less than 2,000 feet from Jay Road". The plant is to be located on the floor of the "old gravel pit" which is a known location, and the description in the second "Whereas" covers the approximate area. Zignego had no problem with the Permit as drafted. With no further discussion, MOTION Stemper, second Janik, to recommend the Town Board’s approval of the CUP as revised; carried unanimously. Mueller and Zignego will get together to catalog the road prior to Zignego’s use. A Public Hearing will be held prior to the next Town Board meeting (date to be determined). RAY KIRMSE CSM/REPLACE DEED RESTRICTION ON BALANCE OF PROPERTY Ray Kirmse, 402 Hwy 33, Newburg, presented a CSM which would have split off a lot of 7.5 acres out of the 42.51 acres he owns on Country Lane, zoned A-1, A-2 and C-1. To keep the existing home and shed, and some river frontage, on the 7.5 acres, the proposed lot had a very unusual shape, and members did not approve of this. Kirmse said the surveyor told him this was the only way to keep the home and shed on 5-7 acres. Janik suggested that the lot lines be straightened out; if there is less than 35 acres left, it could be rezoned to A-2 as long as there was going to be a deed restriction on the remaining parcel anyway. Members agreed that the CSM as presented could not be approved, so Kirmse will return with a revised CSM/sketch for consideration. SUE BORCHARDT QUESTIONS FOR USE OF BUILDING AT W 4139 CENTER ST. Borchardt is considering purchasing this building and had questions regarding running a business on the first floor and possibly converting the upper, 3500 sq. ft., into four apartments. The lot is zoned R-4 and would need to be rezoned to B-1, which does allow for rental units on the second floor of a business. Members noted she would need to check on the sanitary system and handicapped access issues, etc. Borchardt will do some more "homework". WORTH REALTY REPRESENTING A POTENTIAL BUYER OF 40 ACS. SOUTH OF EVERGREEN RD. Bob Worth was present to represent potential buyers of 40 acres south of Evergreen Rd. which is zoned A-1 and C-1. The potential buyers plan to raise cows and pigs and would want to rezone an acre or so for use in a slaughtering operation. Worth noted they had indicated they would be slaughtering about 10-20 animals a month. Worth said he had spoken to the DNR and the County, and because of the wetlands which need to be crossed to access the property, they would have to get several permits and approvals. The Chmn. and members, after hearing the Public Comments from area residents, said it was unlikely the Town would allow the rezone for a slaughtering operation. JIM STEMPER JOINING LOTS AND RE-ZONE This was recommended for Town Board approval at last month’s meeting, but with two members absent, the re-zone was reviewed. No changes were made to the recommendation. COMMENTS ON DRAFT ZONING ORDINANCES Chapters 17 & 18 of the zoning ordinance had been provided to all members. A few comments were heard, but it had been decided that the Ordinance Committee would review the chapters first and then bring it back to the PC. The next Ordinance Committee meeting has been scheduled for September 15th at 7:00 p.m. MOTION Mueller, second Williams to adjourn; carried. Adjourned at 9:00 p.m. ________________________ Carol A. Mueller, Secretary PLAN COMMISSION MEETING A meeting of the Plan Commission of the Town of Fredonia was held Tuesday evening, August 26, 2003, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 6:15 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Tom Williams, Brian Huiras, Chris Janik, James Stemper, Bob Lederer, and the Secretary, Carol A. Mueller. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press, and Milwaukee Journal-Sentinel. PUBLIC COMMENTS - Armstrong recognized Attorney Castner and introduced him; he was present as an interested observer. ZIGNEGO READY MIX, INC. REQUEST FOR CONDITIONAL USE PERMIT This meeting of the Plan Commission was held at the request of Zignego, to expedite the Conditional Use Permit request. Zignego will be paying all costs involved in holding this extra meeting. The conditional use permit requested is to place a temporary concrete plant on the Klumb Limited Partnership property, leased by Hartmann Sand & Gravel, in Section 3, which is zoned M-3. The proposed site is on the floor of the “old” gravel pit approximately 2000 feet from Jay Road. Tim Zignego was present, along with Eric Rathke and Steve Rathke of Hartmann Sand & Gravel, Inc. Zignego had presented a list of proposed conditions for the site. Members reviewed these proposals and asked several questions. The temporary operation would be for a two year period. No new roads would be used, only the existing roads in and out of the “pit”. Concrete would be run for the new power plant in Port Washington, as well as for other commercial uses. Huiras asked about the water supply and Zignego noted that a well may be dug in the floor of the pit, but not a lot of water is used; it would not affect the water table or Spring Lake. The pit is approximately 50 feet deep and the concrete plant is about 70 feet high, and with the existing berms along the road, not much of the plant will be visible, nor will there be much noise. Zignego compared the noise to a diesel generator in a semi and noted the plant would be enclosed with temporary siding in the winter. Roads used will be cataloged prior to, and after, Zignego’s use to document any damage that may have occurred; a $20,000 bond will be provided. A discussion of the hours of operation led to a change from those proposed. Members felt the hours should coincide with the hours granted to the Hartmann Sand & Gravel operation, as that is what neighbors have become accustomed to. Steve Rathke said those hours are from 6 a.m. to 6 p.m. Monday through Friday, 6 a.m. to noon on Saturdays, and no Sundays. Zignego’s request included the possibility for concrete hauls late at night or earlier in the morning on rare occasions. At the request of members, this will be modified so that if such hauls become necessary, the Town Chairman will be notified three (3) days in advance, and he will notify the neighbors. Zignego said he did not foresee any late night requests, nor did they have plans for Saturday work at this time, but he would prefer to keep those options open. Emergency maintenance inside the immediate area of the concrete plant would not have restricted hours. Members agreed this was a good place to locate this type of operation. The request will be forwarded to Attorney Edgar to draft a conditional use permit with the changes noted. The permit would be valid for two (2) years from the date it is approved and signed by the Town Board. Zignego will return to the regular Plan Commission meeting on September 4th. MOTION Williams, second Janik to adjourn; carried. Meeting adjourned at 7:00 p.m. Carol A. Mueller, Secretary PLAN COMMISSION MEETING A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, August 7, 2003, 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 Armstrong, Chris Janik, James Stemper, Bob Lederer, and the Secretary, Carol A. Mueller. Tom Williams and Brian Huiras did not attend. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, Ozaukee Press, and Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting held on June 5th were sent to members in advance for their review. MOTION Janik, second Stemper, to approve the minutes as presented; carried. PUBLIC COMMENTS - none RON JUNGERS REQUEST FOR LAND DIVISION Ron Jungers, W3691 Jay Road, represented by Realtor Nic Didier, requested information regarding dividing his 80 acre parcel in Section 10, which is zoned C-2 and A-1. Jungers is retiring from farming and would like to sell his home and buildings. The C-2 portion of the parcel is about 13 acres. He would like to have sold the home and buildings with 20 acres, sell a 35 acre parcel, and divide the remaining 25 acres into two parcels. Following discussion, new plans, which are in agreement with Town zoning ordinances will be presented. The new plan would allow the C-2 area to be divided into two 5 acre parcels with access via a 66 foot easement, or including the 66 ft. as part of the 5 acre parcels, and dividing the remainder into two 35 acre parcels. A width of 330 ft. would be required at the front lot lines. Jungers/Didier will return with revised plans/CSM’s. Members agreed this second proposed land division plan could be approved under existing zoning. ROBERT HUIRAS LAND DIVISION, RE-ZONE AND CONDITIONAL USE PERMIT Robert Huiras, W3727 Belgium-Kohler Road owns a home and buildings on a 167 acre parcel at this location in Section 22. The majority of the parcel is zoned A-1. Huiras presented a proposed CSM, showing the location of the 5 acre parcel and the location of existing buildings. The east lot line of the proposed parcel adjoins the lot line of the larger remaining parcel. MOTION Lederer, second Stemper, to recommend the Town Board’s approval of this land division and rezone of the 5 acres to A-2; carried. A conditional use permit had been drafted by Attorney Edgar. Following discussion of same, it was agreed to change Article II(C) to read “no rental outside storage shall be permitted”. Huiras wanted to be able to place his own farm equipment, etc. outside on his property without being in violation of the permit. It was noted that Attorney Edgar said a “hard-surfaced” road includes a gravel road. MOTION Stemper, second Armstrong, to recommend the Town Board’s approval of the revised Conditional Use Permit; carried. Huiras inquired what further payments he had to make to the Town; the Clerk noted he would be billed for the drafting of the CUP, and registering the CSM and CUP documents with the Register of Deeds. Fees for the re-zone and CUP applications/hearings have already been paid by Huiras. PH will be set for Sept. 11th. RAY KIRMSE REQUEST FOR REMOVAL OF DEED RESTRICTION TO ALLOW HIM TO SELL THE HOME AND 5 ACRES Ray Kirmse, 402 Hwy 33, Newburg, owns 42 acres on Country Lane, zoned A-1, A-2 and C-1. He has built a home on the property, but there is a deed restriction on the entire parcel, which was signed April 11, 1998, and revised to indicate the new tax key number for the 42.51 acres, signed on October 7, 1998, which states in part, “there shall be no land divisions or subdivisions of this parcel from this day forward without the express consent of the Town of Fredonia”. The Clerk read a portion of the minutes from the April 9, 1998, TB meeting at which this land division and CSM was approved, with the provisions as recommended by the PC on March 5, 1998. Kirmse wanted to split off 5 acres with the home, another 2 ˝ acres for himself (he has a shed on this portion) and sell the remainder as one parcel. Members agreed to allow him to split off one parcel (either 5 acres or 7 ˝ acres) only, and leave the deed restriction, which would need to be modified, on the remaining 35 acres. Kirmse agreed he would leave the deed restriction on the remaining parcel, as he said he had promised Lavern Koch, who owned the property prior to selling it to Kirmse, that “he would not divide it up for a subdivision” or “put homes all around there”, and he “would not go back on his word to her on that”. Kirmse will return with a CSM and the deed restriction will be modified to reflect the fact that the remaining land cannot be further divided. TOM DIDIER, REPRESENTING OWNERS OF HOME AT W4224 HWY A-REQUEST FOR LAND DIVISION Tom Didier, Realtor, was present to represent the owner of a 3.55 acre parcel at W4224 Hwy A, in Section 28, zoned R-2. They would like to divide this lot in half and would have access to the new lot off of Mill Street. Members had no problem with this land division, set back requirements could be met, zoning meets the code, but noted a “perc” test would need to be done on the proposed new lot. Didier will return with a CSM when ready. JIM STEMPER JOINING LOTS AND RE-ZONE Jim Stemper owns a .58 acre lot at W4791 Hwy H, zoned B-1, and an adjoining 1.72 acre lot to the west, zoned R-2, Section 19. He would join the lots and requested rezoning all of the land to B-1 so he can use it for a possible expansion of his business. Members saw no problem with Stemper’s request, and as there will not be a new lot created, suggested the PH for the rezone could be held in September. MOTION Lederer, second Armstrong, to recommend the TB’s approval of the requested re-zone; carried 4-0, with Stemper abstaining and 2 members absent. CLERK/SECRETARY’S QUESTIONS FOR PC MEMBERS The Clerk/Secretary had received two requests which she felt did not require PC or TB appearances, but wanted verification from members. 1) In the first case, Pam Bares had asked whether they could split off a 66 foot strip from a lot they own on Valley Heights, and add it to the adjoining lot they own on Kohler Road. They want to use this 66 feet as access to their lot on Kohler Road and have legally given up their right to the former easement to the lot on Kohler Road. As a new lot was not being created, and the remaining lot on Valley Heights would not be reduced below the requirements for an R-2 lot, members agreed that no approvals would be needed, and the Chairman and Clerk could sign the new CSM’s when presented. 2) In the second case, a question was presented to the Clerk as to whether a parcel, that is currently zoned A-2, would need to be rezoned, or if a CUP would be required, to build a dog/small animal boarding kennel. Per the permitted uses in the A-2 district, the Clerk felt no approvals or CUP would be needed. Members agreed, and the Clerk will relate this to the person proposing the building. A copy of the A-2 district requirements/uses were forwarded to the person inquiring so they are aware of the setbacks and animal unit limitations. DATE FOR ORDINANCE COMMITTEE MEETING At the last meeting, August 25th, was chosen as the date for the next Ordinance Committee meeting. Drafts of zoning ordinances should be received and possibly, reviewed by that date. MOTION Lederer, second Stemper to adjourn; carried. Meeting adjourned at 9:10 p.m. Carol A. Mueller, Secretary PLAN COMMISSION MEETING A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, June 5, 2003, 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 Armstrong, Tom Williams, Chris Janik, Brian Huiras, James Stemper, Bob Lederer, and the Secretary, Carol A. Mueller. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting held on May 1st were sent to members in advance for their review. MOTION Huiras, second Stemper, to approve the minutes as presented; carried. PUBLIC COMMENTS - none REVIEW PLAT FOR BAUMANN’S SECOND ADDITION TO WAUBEDONIA RIVER ACRES SUBDIVISION The preliminary (not the final, as was stated on the agenda) plat was discussed. Del Weiss was present representing Baumann’s. At the Plan Commission meeting held on September 5, 2002, the preliminary plat was approved and recommended for the Town Board’s approval. Weiss and Baumann’s appeared again at the October 3, 2002, Plan Commission meeting at which time they requested to be allowed to start work on the road, and, as a part of this project, to use some of the excavated ground to build a berm between the new lots and the existing business lots on Hwy H; Plan Comm. members gave their approval to these plans. The preliminary plat was to go to the Town Board in October, however, a letter from the DNR was sent to Weiss indicating that a Chapter 30 permit would be needed before any part of the project could begin; Weiss indicated he has received the approval from the DNR, but does not have the actual permit in hand as yet. He hopes to have this permit before the Board meeting next week. The plans call for 13 lots, including one on Hwy H which may be sold as residential, or at some point may be requested to be rezoned to manufacturing or business. Weiss noted that the final plat will indicate the sites of the "perc" tests. Plan Commission members had no further comments on the project at this time. PANTLE LOTS AND DRIVEWAY AGREEMENT ISSUES Mr. Pantle was present along with his nephew. It was explained that he needs to have one of the driveway agreements voided because it refers to the land division of his parcel, which is not valid due to the terms of the split not being met. Pantle reimbursed the Town $24 for the cost of obtaining copies of these agreements. He will speak to Joel Schneider to get the one agreement voided and registered, and will present a copy of the document to the Town when this is done. Meantime, Pantle would like to split off about one acre of his parcel and add it to an adjoining lot. Plan Commission members did not have any objections to this. Pantle also said he would like to create three lots on the land remaining after he would split off his home and 5 acres. As this 16+ acre parcel is zoned A-1, members were not in favor of any further land divisions at this time. AL SPRINGSTOH QUESTIONS RE: RICHARD DEPIES PARCEL PURCHASE Al Springstroh wanted to be sure that if he purchased the 39.33 acre, A-1, Richard Depies parcel in Section 1, he would be allowed to build a home on it. Springstroh said he would probably not be building for a few years, but wondered about putting in a driveway; he was given a culvert permit application. Plan Commission members all agreed he would be allowed to build a home on this existing parcel. ROBERT HUIRAS REQUEST FOR LAND DIVISION, RE-ZONE, AND A CONDITIONAL USE PERMIT Robert Huiras, W3727 Belgium-Kohler Road owns a home and buildings on a 167 acre parcel at this location in Section 22. The majority of the parcel is zoned A-1. Huiras would like to split off 5 acres with the home and buildings, and convert the existing free stall barn into rental storage units. A preliminary plan was presented and members agreed this could be done with a re-zone to A-2 and a conditional use permit for the rental units. Huiras was cautioned that a re-zone to A-2 would result in a limited number of animals allowed on the parcel. He did not see a problem with this. Terms for a conditional use permit will be discussed at the next meeting. A copy of the Conditional Use Permit issued recently to Paul Mueller for his storage units may be a basis for this permit; Huiras will pay for the attorney’s fees to draw up the permit. The Clerk will send him the applications for a re-zone and a conditional use permit. Huiras also would like to split off three-five acre lots, to keep in the family, in the area of an existing pond on this parcel. Janik noted that the Town has been "sticking" to the Long Range Plan and this would not be looked on favorably at this time. Mueller noted that Huiras had enough land to split into 35 acre parcels, and under the A-1 zoning this would be allowed. Huiras will return to the next Plan Commission meeting for further discussion regarding the CUP, and will need a CSM for the five acre split. MOTION Williams, second Stemper to adjourn; carried. Meeting adjourned at 8:40 p.m. ________________________ Carol A. Mueller, Secretary A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, May 1, 2003, 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, Brian Huiras, James Stemper, Bob Lederer, and the Secretary, Carol A. Mueller. Tom Armstrong, Tom Williams and Chris Janik were not present. This meeting was held in compliance with the Open Meeting Law-copies of the agenda were posted in at least three public places in the Town and e-mailed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting held on April 3rd were sent to members in advance for their review. Members present agreed that the discussion on Pantle’s driveway agreement should state that one driveway agreement should still be recorded, but not the one which refers to the land division, which is not valid. MOTION Huiras, second Stemper, to approve the minutes as corrected; carried. PUBLIC COMMENTS Chris Luft and Cathy Stern spoke in favor of regulating berms to preserve the scenic beauty of the Town. They also had questions regarding what constitutes a change in use and what happens to A-1 land that is not farmed. RON TERNES REQUEST FOR LAND DIVISION Ron Ternes, N5757 Pioneer Dr. owns a 98 acre parcel in Section 20, zoned A-1 and C-2. He presented a CSM which splits off 35 acres to form a new parcel. Mueller noted the CSM needed to be corrected to show the easement and change "unplatted lands" to show it is a parcel owned by Lyle Falk. MOTION Stemper, second Mueller, to recommend the Town Board’s approval of the CSM contingent on the noted errors being corrected; carried. LARRY AND MARSHA BEGER REQUEST FOR LAND DIVISION Larry and Marsha Beger, N5947 Valley Heights, own a 14 acre parcel behind their existing home, in Section 19, zoned A-2 and C-2. They would like to build a home on the 14 acre parcel or possibly split it into two parcels and build a home on one of the parcels. They discussed property tax consequences of the land division and whether to put in an easement off of their current home site or add 66 feet to the new parcel/s. Their existing lot is 2 acres and zoned R-2; this would allow them to own the 66 foot strip and still adhere to setback requirements. They will consider their options and return when they have a preliminary CSM. BOB OLSON AND LAURA APOSTOLOS PRODUCE STAND REQUEST - no one appeared for discussion. DAN & ERIN WALKOWIAK LAND DIVISION REQUEST Mr. & Mrs. Walkowiak own a 44 acre parcel on Hwy 57 east of Jim Lippe’s lot in Section 13, zoned A-1. They asked if they could divide the parcel into three lots to accommodate their parents and in-laws. Previous owners had tried to divide this parcel to no avail, and members felt this was not the area to have more lots. Access to Hwy 57 is very restricted and this land division would require a re-zone as well. Lippe originally owned 98 acres and divided it into 3 parcels in 1997. The smallest parcel with his home was rezoned to A-2, with the remainder staying A-1. All members present agreed that they were not in favor of this land division or rezone. PANTLE/SCHNEIDER LAND DIVISION ISSUES The Clerk had obtained registered copies of the driveway/easement agreements, which were recorded, and the Town will be billed for the copies, an expense of $24.00. Only one should have been recorded; the other refers to the land division which was approved with contingencies which were not met. John Derler was present and helped explain the situation as he just purchased a lot from Pantle. Pantle’s will be advised that the one driveway agreement/easement must be voided and a new one recorded. Pantle’s are also planning a different land division to add an extra acre to an adjoining parcel. A MOTION was made by Stemper, seconded by Huiras, that any costs to reissue CSM’s or void agreements and record new ones be paid by Pantle; carried. The Clerk will check to be sure the land division CSM’s were not recorded. Derler and the Clerk will explain these issues to Pantle’s and ask them to attend the next PC meeting to straighten things out.. SHOULD THE TOWN HAVE A BERM ORDINANCE? Chris Luft spoke in favor of having a berm ordinance in order to regulate any proposed new berms within the town. Luft introduced Christine Weyker, who lives on Riverside Road next to the Trusky parcel. Weyker noted that she felt the berms around the Trusky property were not very appealing and presented a hazard when deer run out onto the road; she felt the Town should consider a berm ordinance. Members discussed the pros and cons of having such an ordinance, but no decisions were made. The Clerk noted that the Ordinance Committee had discussed the issue and were not in favor of an ordinance and Attorney Edgar concurred, however, it will ultimately be a PC and Town Board decision. With several members absent, no date was chosen for the next Ordinance committee meeting at this time. MOTION Stemper, second Lederer to adjourn; carried. Meeting adjourned at 9:40 p.m. ________________________ Carol A. Mueller, Secretary A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, April 3, 2003, 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 Armstrong, Tom Williams, Brian Huiras, Chris Janik, James Stemper, Bob Lederer, 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 e-mailed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting held on February 6th (there was no meeting in March) were sent to members in advance for their review. MOTION Stemper, second Williams, to approve the minutes; carried. PUBLIC COMMENTS Cathy Stern asked what effect the purchase price of the Winker parcel would have on other land assessments in the Town. Rick DeYarman, Land Agent with the DNR, noted that a sale to the DNR, or any other government agency, is not considered an arms-length sale, and thus would not be used as a comparable by the assessor. DeYarman also explained the PILT (payment in lieu of taxes) made by the DNR, noting these payments have changed since 1992 and the PILT is now based on purchase price. Whereas the taxes on the entire Winker parcel were $2810 in ‘01, the PILT, on just the 73 acres, being purchased for $240,000, would be about $3277 based on the ‘02 mil rate. Tom Isaac, Wildlife Biologist with the DNR, was present to get the CSM for the Winker land division (which was approved by the Plan Commission and Town Board in February) signed, but Winker was not available. Isaac answered Stern’s questions regarding drainage on the 73 acres to be purchased. He stated that the 73 acres would be a wooded wetland after restoration and the drainage improvements would eventually improve the water quality of Huiras Lake. Plan Commission members were provided with the up-dated list of phone numbers for various DNR departments. RON TERNES REQUEST FOR LAND DIVISION Ron Ternes, N5757 Pioneer Dr. owns a 98 acre parcel in Section 20, zoned A-1 and C-2. In his previous visit to the Plan Commission Ternes asked to split off less than 35 acres. This was denied. He now has a plan to split off 35 acres. Mueller noted that with the plan presented, Ternes would be losing access from Hwy H. Janik suggested he re-draw the line or get an easement. All members were in agreement with splitting off 35 acres and Ternes will return when the CSM is completed. ARNOLD ALBRECHT REQUEST FOR LAND DIVISION ON RUBEN KOHLWEY PARCEL Arnold Albrecht, 11309 Hwy 60, Cedarburg, would like to purchase 2 acres of the 24 acre parcel owned by Ruben Kohlwey, on Camp Awana Road, Section 6, zoned A-1. Albrect’s plan would be to build a home on the site. Plan Commission members noted that this is already a non-conforming parcel. Mueller stated Albrecht would need to buy the entire parcel and then could build a home on the site. Plan Commission members were in agreement on "no land division for this parcel" at this time. PANTLE/SCHNEIDER LAND DIVISION ISSUES A land division approved by the Plan Commission and Town Board in November of ‘02 was contingent on Schneider joining the 11.26 acres (which were to be split off of Pantle’s 16 acre parcel) to his adjoining parcel. Driveway agreements/easement changes were also approved. Apparently the purchase was not made by Schneider so the land division is not valid. The Clerk spoke to Ruth Pantle who stated that they realized this and would have to come back before the Plan Commission and "start over", but their plans were unsettled at this time. Members felt that the driveway agreements/easements should still be recorded. The Clerk is to write a letter to Pantle on these issues and check if the agreements have been recorded. The Clerk asked the Plan Commission members for their interpretation of the zoning ordinance regarding allowing someone to rebuild on a legal, non-conforming lot if their home was destroyed by fire. The Clerk had been asked to provide a letter to a mortgage company stating this would be allowed, in reference to a home at W4907 Hilltop Road, which is on 4.36 acres zoned A-1. The home and lot have been in existence prior to zoning. There was general agreement that the letter could be written and that a single family residence could be built/rebuilt on the parcel. Several zoning ordinances need clarification and the Ordinance Committee will address these issues when they resume their work. MOTION Lederer, second Stemper, to adjourn; carried. Meeting adjourned about 8:40 p.m.________________________ Carol A. Mueller, Secretary A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, February 6, 2003, 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 Armstrong, Tom Williams, Brian Huiras, Chris Janik, James Stemper, Bob Lederer, 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 e-mailed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting, which was held on January 2nd, were sent to members in advance for their review. MOTION Armstrong, second Stemper, to approve the minutes; carried. PUBLIC COMMENTS Cathy Stern wondered why the Plan Commission turned down Michels’ request a year ago and what had changed. She also asked the PC members to stick with the Long Range Plan in all their decisions, and noted that regarding the Leider land division request, this was A-1 land. Chris Luft also asked that the PC follow the Long Range Plan; Leider’s request was not in an area that qualified as "in-fill". Chmn. Mueller explained that Michels new request was for a borrow pit; there would be a Public Hearing on the Conditional Use Permit and neighbors would be notified; setback requirements did not apply for a "borrow pit" MICHELS MATERIALS CONDITIONAL USE PERMIT FOR A BORROW PIT ON THE VERNON HUIRAS PARCEL Brian Enright and Michael Debelak were present to represent Michels Materials. They noted that they did not get the State contracts they bid on, so plans have changed. They would still like to pursue the CUP as the Huiras property has good quality materials. One of the conditions in the draft of the permit is that the permit is only valid for one year; without a known starting date, the permit could not be granted at this time. Following discussion, MOTION Stemper, second Armstrong, to record in the minutes that the draft of the Conditional Use Permit for Michels Materials’ borrow pit on the Huiras parcel will be reviewable for the next two years; carried. RAY KIRMSE REQUEST FOR LAND DIVISION Kirmse, 402 Hwy 33, Newburg, owns 42+ acres on Country Lane, Section 31, zoned A-1, A-2 and C-1. He asked to split off 20-25 acres south of the creek to sell as one or two parcels. Deed restrictions were placed on the parcel in 1998 which prohibit land divisions or subdivisions without the consent of the Town. Kirmse has several acres in the MFL program and wanted to put more acres in this program, but was denied, as the land was being farmed. A poll of PC members indicated that due to the fairly recent deed restriction, they would not be in favor of a land division at this time. MICHAEL WINKER REQUEST FOR LAND DIVISION Michael Winker, N6868 Jolly Lane, owns a 160 acre parcel in Section 9, south of Jay Road and west of Clover Valley Road, zoned A-1 and C-1. He wants to sell 73.17 acres to the DNR for a wetland restoration and wildlife habitat site. Winker was present along with Tom Isaac of the DNR. The Plan Commission members had questioned the zig-zag dividing line for this land division and it was explained that this was a natural dividing line which follows the farmed land. The DNR has a signed agreement to purchase the land as divided on the preliminary CSM. Any changes could cause considerable delay, or possible reversal, of the agreement. The land is being purchased through several grants which have deadlines. MOTION Williams, second Huiras, to recommend the Town Board’s approval of this land division; carried. Questions were asked about how the DNR pays taxes on the land they buy; Isaac handed out brochures which explain the tax payments. LANCE LEIDER REQUEST FOR LAND DIVISION AND POSSIBLE REZONE Leider Farms owns a 49 acre parcel in Section 11, zoned A-1, south of Jay Road and east of Cedar Valley Road. Leider requested dividing off 3 or 4 lots to the east of the existing small lots on Jay Road. Mueller noted that Jay Road is probably the heaviest traveled road in the Town and 3 or 4 more residential driveways could cause problems in the area. The majority of the small lots in the area which have homes on them have been there for many years, and this could not be considered as "in-fill". Janik noted that "in-fill" does not mean you can take any piece of land in an area that has residences and just keep extending from there. Some members suggested Leider may want to consider a cluster type development for the area in the future, but all members agreed that they were not in favor of a land division of this A-1 parcel at the present time. MOTION Stemper, second Huiras, to adjourn; carried. Meeting adjourned about 8:45 p.m.________________________ Carol A. Mueller, Secretary A meeting of the Plan Commission of the Town of Fredonia was held Thursday evening, January 2, 2003, in the Waubeka Firehouse meeting room, W4114 River Street, with Chairman Richard Mueller calling the meeting to order at 7:35 p.m. MEMBERS PRESENT: Chairman Mueller, Tom Armstrong, Tom Williams, Brian Huiras, Chris Janik, James Stemper, Bob Lederer, 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 e-mailed to The Sounder, The Ozaukee Press, and the Milwaukee Journal-Sentinel. Minutes of the last Plan Commission meeting, which was held on December 5th, were sent to members in advance for their review. MOTION Williams, second Janik, to approve the minutes; carried. PUBLIC COMMENTS Cathy Stern said she had received several calls from residents regarding the "borrow pit" issue. She wondered why it was called a borrow pit as they were not planning on putting the material back. She said these callers felt the Conditional Use Permit, if granted, should be very stringent, and if the conditions were not followed, the agreement should be voided. FRY BUILDING SET BACK VIOLATION Susan Fry Baker and her father, Chuck Fry, W4266 Hwy A, were present. A pole building erected on Fry-Baker’s property was built 80 feet from the centerline instead of the required 108 feet from the centerline or 75 feet from the road right-of -way. They explained that placing the building 28 feet into the right-of-way was a mistake on their part, because they measured 75 feet from the center of the road rather than from the right-of-way. Building Inspector John Derler was also present and noted that the permit issued stated the building was to be 500 feet from the road. That permit was for a 16 x 16 ft. shed, not this building. Derler stated he told Fry to keep this new building in line with the other "barn" on the property and he would be OK. Chmn. Mueller suggested they move the building, but Fry said they were told it could not be moved as it was too fragile. Fry felt their only options were to leave it where it is or demolish it; moving was not an option. Fry felt it was not an eyesore as it was down in a "hole" where it wouldn’t bother anyone, and other homes in the area were built closer to the road also. Fry requested a hearing before the Board of Appeals. Huiras noted this was not a hardship as it was self-inflicted. Mueller noted the Board of Appeals could not grant variances unless there was no other use for the property, and this was after the fact, whereas, appeals are usually heard before a building is erected. Armstrong felt the Board of Appeals could not do anything about this issue, and Mueller again stated he felt it would be possible to move the building. Lederer noted that if the building was allowed to remain where it was, the next person could also ignore the set back requirements. Janik felt while this was unfortunate and accidental, it was not an issue for the Plan Commission; the only thing the Plan Commission could do would be to change the ordinance setback requirements and that was not an option. According to the Ordinance, Fry has the right to appeal an order of the Building Inspector. Armstrong agreed they had the right to do this even though he felt it was not an appealable issue. All members agreed they had the right to appeal. Huiras made a motion to send the issue to the Town Board for discussion, but the motion did not receive a second. Mueller told Derler to issue an order to move the building, after which Fry could request a hearing before the Board of Appeals. RAY KIRMSE REQUEST FOR LAND DIVISION Kirmse called the Clerk to cancel his request until further notice; he wants to take a different approach and get some legal advice first. MICHELS MATERIALS CONDITIONAL USE PERMIT FOR A BORROW PIT ON THE VERNON HUIRAS PARCEL Brian Enright and Michael Debelak were present to represent Michels Materials. Williams asked if they planned to do any crushing on the site and both stated they did not. It was noted that at the November meeting a one year agreement was all the Town was willing to allow. Debelak felt that with the State Hwy 32 and Hwy 57 contracts they have, work would probably begin in April or May, hauling would start in June, and restoration would be done in Fall, possibly extending into Spring, depending on the weather. Terms for a Conditional Use Permit, to be drawn up by Attorney Edgar and paid for by Michels, were discussed. Terms include: hours of operation are to be 6:30 a.m. to 6:00 p.m., Monday thru Friday, and 6:30 a.m. to noon on Saturday; reclamation plan would include sloping of the hill, be agreeable to Huiras’, and follow State rules (Debelak noted that "borrow pits" are not subject to NR 135); roads used would be filmed and cataloged for verification of any damages (as other trucks use the road also this would need to be prorated and their engineer would take care of this aspect); good site distance should be provided for the entrance and exit of trucks from the driveway on Jay Road; a Town culvert permit will be necessary; any required permits from the State, the DNR or the County will be obtained; dust control must be provided; roads kept clean; no on-site processing; if trees obstruct the vision corner, signs for "truck crossing" should be installed or trees removed. A draft of the Conditional Use Permit will be reviewed by the Plan Commission at the next meeting. Debelak requested a copy be provided to him prior to the meeting for his review. MICHAEL WINKER REQUEST FOR LAND DIVISION Michael Winker, N6868 Jolly Lane, owns a 160 acre parcel and wants to sell 73+ wetland acres to the DNR for a wetland restoration and wildlife habitat site. Winker did not appear, but Steve Seyfert of the Ozaukee Washington Land Trust was present. A preliminary map had been presented which showed a very zig-zag dividing line. Most members felt this line should be squared off. Janik felt if it was a natural dividing line between the wetlands and the farmland it would not make a difference. Mueller said that for possible land divisions of this parcel in the future, it would be better to have a more even line dividing the parcels. Questions were asked about payment of taxes once the land is owned by the DNR, but Seyfert did not have the answers; he did say the land was being purchased by the DNR, not the Land Trust who do not pay taxes on land they own. A revised plan should be presented for the next meeting. RON TERNES REQUEST FOR A LAND DIVISION Ron Ternes, N5757 Pioneer Dr., owns a 98 acre parcel in Section 20 which is zoned A-1 and C-2. He requested splitting off 25 acres to sell as a separate parcel. This split would follow the natural tree line. Mueller noted that a portion of this parcel was bought by Ternes from the adjoining lot owner under the condition that it be added to his existing parcel. This had been done and Mueller felt it could not now be split off again unless he split off a conforming 35 acre parcel. Ternes plans to talk with adjoining lot owners about buying some of the land and joining it to theirs, in which case he would not need Town approval. No action taken at this time. RICHARD MUELLER LAND DIVISION Richard Mueller, N7081 Hwy 57, presented soil and site evaluations and CSM’s for two, 1.99 acre lots on Mueller-Hiller Road. Both lots are suitable for a mound system. The area was rezoned to R-2 last year. MOTION Williams, second Stemper, to approve the CSM’s as presented; carried 6-0, with Mueller abstaining. MOTION Stemper, second Janik, to adjourn; carried. Meeting adjourned about 9:00 p.m.________________________ Carol A. Mueller, Secretary |
Town Hall - 242 Fredonia Ave., P.O. Box 12 Fredonia WI 53021-0012 Phone 262-692-9673