February 1, 2010                                           PLAN COMMISSION                                      7:00 p.m.

Mike Weinkauf called the meeting to order at 7:00 p.m. with Paul Beere, Maureen Eckert, Chris Johnson, James Joseph, Tom Rowntree and Mark Tamblyn present.

Jonathan Schattner, Zoning Administrator, and Betty Novy, Clerk-Treasurer were also present.

Pledge of Allegiance.

Joseph moved, 2nd by Eckert to approve the minutes of the January 4, 2010 meeting.  Motion carried.

Pubic Hearings:  There were none.

Action Items:

Conceptual Proposal to construct a Veterinarian Clinic, Dog Grooming and Doggie Day Care establishment on an empty lot on the SE corner of English Settlement Avenue. (CTH J) and State Highway 36 (STH 36)

Owners:  Mike & Kim Rosenthal

Applicant:  Dr. Sandra Miller, Creature Comforts Veterinary Service

Tax ID#176031911011020

Schattner presented his zoning review comments, dated January 28, 2010, to accommodate the proposed use of this property.  He indicated the property would have to be rezoned B-3 “Commercial Service District”.  This zoning is consistent with its Land Use Plan classification “Urban Reserve”.  A land use plan amendment would not be required.

Jim Hurst, Commercial Construction Consultants, presented a proposed site plan showing a 3,000 square foot veterinarian clinic with proposed use of the first floor for veterinarian and small retail services.   The exposed lower level is proposed to be utilized for grooming and doggie day care services.  An 11,000 square foot fenced area, to be utilized as a dog run, would project from the southern end of the building.   The lot is buffered on the east by a berm, and to the south by a heavily wooded area. 

There was discussion regarding the noise of barking dogs.  However, it was noted highway noise from State Highway 36 would likely drown out any such noises.    Dr. Miller indicated dogs would only be on site during day-time work hours and would be rotated outdoors.  The only time an animal would stay overnight is if a surgical procedure required observation for that period of time.

Schattner noted fencing surrounding the dog run would have to be dealt with as a conditional use in the B-3 zoning district.

Plan Commissioners made the following comments regarding the proposed use:

• Adjacent property owners should be contacted to ensure that future plans for immediately adjacent parcels are compatible and to determine whether there are any objections.
• This parcel has only 65 feet of road frontage on English Settlement Avenue (County Highway J).  The County Highway Commissioner should be contacted as to what driveway setback requirements will apply (from State Highway 36).
• There must be enough area on the property to separately place septic and well systems outside of the fenced area.
• The parcel is located in the planned sewer service area.  When public sewer is extended in front of this parcel, the property owner will have to incur whatever costs are necessary to hook up to the system. 

Dr. Miller requested clarification on this item.  It was clarified that development of parcels to the east of the subject parcel will likely require public sewer to be extended.  It was also noted that no immediate plans exist.

Plan Commissioners stated no immediate objections to the proposed use.  A more detailed plan must be submitted for formal review, along with an application for re-zoning and conditional use.  The driveway/ access point was noted as the biggest concern.  Further investigation should be made with Racine County to determine what will be allowable. 

Application to place temporary Real Estate Marketing Sign on the NW corner of English Settlement Ave. (CTH J) and State Highway 36 (STH 36)

Owners:  The Equitable Bank

Applicant:  Michael Schiltz, Cornerstone Development

Tax Id#176031911320020

Schattner presented his zoning review comments, dated January 28, 2010, to accommodate this request.  He recommended placement of the sign be granted subject to numerous conditions, including a two year time limit, at the end of which the Plan Commission could require an update on the project and possibly allow an extension. 

Jon Senkerik, Cornerstone Development, addressed the Commission.  Senkerik commented the proposed location of the sign was checked by an engineer.  It was verified to be outside of the vision triangle of the intersection.  He noted the proposal includes removal of existing signs. 

There was discussion about the unusual geometry of the intersection of State Highway 36 and County Highway J.  It was noted a flat sign would not be easily visible to travelers along State Highway 36.  A two-faced V-shaped sign was determined to be most visible for traffic heading in either direction.

Beere moved, 2^nd by Johnson to approve a temporary 4-foot by 8-foot V-shaped freestanding sign, visible from both sides, subject to the recommendations and approval of the zoning administrator.  Motion carried.

Conceptual Plan to revise the previously approved layout of “The Settlement of Rochester”

condominium project located at the intersection of English Settlement Ave. (CTH J) and Settlement Dr.

Schattner presented his zoning review comments dated January 28, 2010.   He noted presentation of two concept plans by the applicant, one titled “Concept Plan” shows eighty-six units as originally approved by the Plan Commission, and the other “Concept Plan Phase 3” shows an increase of ten residential units for a total of ninety-six.  

The plan labeled “Concept Plan” seems to address most concerns of the Plan Commission that were heard at the last meeting.  The cul-de-sacs off of Oak Hill Circle have been eliminated.  The streets have been returned to closely resemble the original layout of the development and an entrance island has been placed at the connection of Millgate Road.  The proposed club house was relocated northeast of the pond which exists next to the English Settlement Avenue entrance.

The plan labeled “Concept Plan Phase 3” includes the above stated changes, but also converts the commercially zoned area to an additional twelve residential units.   Schattner noted this “Concept Plan Phase 3” would require Phase 3 to be rezoned to “M-4” multiple family residential.

John Senkerik, Cornerstone Development, addressed the Commission.  Senkerik displayed the originally approved layout of “The Settlement of Rochester” for comparison.  He noted the biggest change from the last submittal was returning to the originally approved layout.  Twenty-five off-street parking spaces are also returned. 
 

The clubhouse was moved to the commercial area.  It was noted that the clubhouse will be strictly for the condominium association to use for assembly and events.  A sales office will also be located in the clubhouse until such time as all units are sold.  Senkerik questioned whether placement of the clubhouse in the commercial area is allowable under that zoning designation.    Schattner stated his belief that it could be addressed as a conditional use in the district.

Senkerik noted inclusion of a landscaped island at the intersection of Millgate Drive and Oak Hill Circle to signify to drivers that they are entering a private development.  The ADA trail has been relocated and lengthened so that it does not exceed 5% slope at any point.   Units 35 through 39, as well as the additional ten homes proposed for “Concept Plan Phase 3”, are replaced with a smaller housing product.  Cornerstone believes there is a significant market for these types of homes.

Senkerik indicated they could not accommodate the Plan Commission’s original request to replace mountable curbs with vertical faced curbs.  In some instances, driveway entrances cannot be pre-determined.  Mountable curbs are the best way to address that.  Senkerik reported on consultations with a driveway paving contractor and geotechnical engineer regarding the failure of existing mountable curbs.  Both individuals believe the curbs deteriorated so badly because of improper curing.

Senkerik indicated Cornerstone’s preference for changing the commercial out lots to residential use.  Cornerstone believes residential units adjacent to commercial out lots will be hard to sell because buyers will be worried about what type of commercial entities will locate there.  Renate Greeley, Shorewest Realtors, was present as the realtor representing the condominium development.  She concurred residential properties are difficult to sell when adjacent to vacant commercial lots. 

There was discussion about the feasibility of maintaining the commercial outlots.   Specifically noted was whether it was fair to condominium owners to be responsible for maintaining the portion of condominium roads that would service those lots.   The possibility of re-designating that portion as public road was discussed and whether setbacks and road right of way could be accommodated within the current layout.

Tom Iverson, 403 Oak Hill Circle, was present representing existing condominium owners.  He indicated preference of the current condominium owners that the commercial lots be re-designated residential.  However, he also indicated unit ownership cannot increase or decrease without consent of the existing homeowners.  He notified Plan Commissioners that Cornerstone Development had not yet come to an agreement with the existing condominium owners on several issues.

Plan Commissioners had mixed feelings regarding retaining the commercial outlots.  Ultimately, it was decided that Cornerstone needs to come to agreement with the existing condominium owners before the direction of those lots can be decided.  Because those lots are located in Phase 3, conceptual approval of modifications to Phase 2 can move forward. 

Iverson was asked to update the Village when the condominium owners and bank reach an agreement as to the build-out of the development.

Tamblyn moved, 2^nd by Joseph to approve the conceptual layout of Phase 1 and 2 contingent on the ability of a conditional use to accommodate the clubhouse at the proposed location, on the engineer moving the eastern boundary line of Phase 2, if needed, to match the eastern boundary of Oak Hill Circle where it abuts Phase 3, and subject to the zoning administrator’s recommendations.  Motion carried.

Tamblyn moved, 2^nd by Rowntree to table action on Phase 3.  Motion carried.

Tamblyn, 2^nd by Eckert to adjourn at 9:02 p.m.  Motion carried.

Respectfully submitted,

Betty J. Novy, CMC

Planning Secretary