October 3, 2011                                                 
PLAN COMMISSION                                  
7:00 p.m.

 
Meeting was called to order at 7:00 p.m. with Mike Weinkauf, Paul Beere, Maureen Eckert, Patricia Gerber, Chris Johnson, Tom Rownhouse and Mark Tamblyn present.
 
Betty Novy, Clerk Treasurer, Sandi Swan , Deputy Clerk-Treasurer and Jon Schattner, Zoning Administrator were also present.
 
Correction or approval of the September 7, 2011 Minutes
 
Eckert moved, 2nd by Johnson to approve the minutes from the September 7, 2011 Plan commission meeting as printed. All were in favor. Motion carried.
 
Site Plan Review to construct a pond and statute garden on the south side of Hunters Trail
Applicant:  General Secretariat of the Franciscan Missions/Agent: Tim Lynch, Project Engineer
Parcel #176031915004020

 
Schattner addressed the Plan Commission and explained that this is an approval for an “after the fact” permit to reconstruct a designated wetland area that was filled in. The proposed pond will consist of a wildlife pond (wetland scrape) and will collect surface water drainage from the surrounding areas and the existing drainage tiles that serve the subject site, along with neighboring properties.
 
In addition, there was work done at the center of the east line of the property north south where a statue garden was started, this work was started prior to obtaining Village approval. The property was ordered to stop work until they went through the approval process.
 
The area in which these projects are taking place is on the south side of Hunter’s Trail (private road). The property was purchased recently from a property owner who has frontage on N. Browns Lake Rd. This parcel is being combined with the parcels to the north which have frontage on County Truck Hwy W. The request is to allow the property owner to continue to complete the pond and the statue garden.
 
The petitioners’ engineer, Tim Lynch addressed the Commission at this time. He explained that the DNR put a halt to the project. They initially were doing some tree and brush clearing which caused some soil disturbance. They have worked through the issues with the DNR and they obtained a “Wetland Scrape” permit in order to rehab the wetland area and a “Notice of Intent” permit for land disturbance of greater than one acre.
 
They are also constructing a patio with a statue garden for observation and thinking. The pond is approximately a quarter of an acre. Discussion was held about storm water runoff. He stated with the new pond there will be less water runoff and less impact to the neighbors.
 
Joanna Storm asked if the pond will be aerated for mosquitoes.  Lynch stated that mosquitoes only breed in shallow water, this pond will be 5 ft. in depth so if there are mosquitoes, there should be less in the future. Storm questioned what the statutes were going to look like. A sample picture was provided. Storm questioned if the property will still be taxable now that it has changed owners. Novy stated that would be a question for the assessor. Storm asked if there were plans for a retirement home going in there. Lynch answered there are no plans.
 
Gerber moved, 2nd by Johnson to recommend approval to construct a pond and statue garden on the south side of Hunter’s Trail subject the following recommended conditions:
 
1)     Upon receiving approval from the Village of Rochester Planning Commission and Rochester Village Board, it is the responsibility of the applicant to obtain a zoning permit card at a cost of $250.00 (double fee) from the Village Zoning Administrator, prior to continuing this project. This zoning permit card must be displayed in a prominent location at the project site, and a copy of these conditions must be kept at the project site at all times, until the project has been completed.
 
2)          The proposed pond and garden statue area must be located and constructed according to the plans submitted to the Village of Rochester on September 19, 2011. 
 
3)          The property owner is responsible for full compliance with the conditions outlined in a correspondence from Kathi Kramasz, Water Specialist with the State of Wisconsin Department of Natural Resources, dated September 14, 2011.  (see attached)
 
4)          The Village Engineer does not object to the plan as presented.  (The Village Engineer indicated that his review did not include field verification of existing conditions, elevations, grades, and/or topography as shown on the plans. 
The owner has the ultimate responsibility for the correct representation of existing field conditions as well as providing a design that complies with Village ordinances and standards.  (See Village Engineer’s letter, dated September 26, 2011)
 
5)          The property owner is responsible for repairing or replacing broken field tile on your property and in perpetuity with your property and keep it in good working condition at all times.  All existing and proposed tiles shall have rodent guards place at the end of the tile to prevent small animals from blocking the tile outlets.  Do not block or create surface drainage problems on your property that would adversely affect the adjacent property owners.
 
6)          All excavated material must remain on the subject property and spread out and blended into the surrounding upland slopes outside of the “designated wetland area” as defined by the State of Wisconsin Department of Natural Resources.  Excavated fill material placed on a non-crop area must have a minimum of for (4) inches of topsoil and must be permanently seeded within seven (7) days after final grading.  A 30’ minimum grass buffer must be placed around the pond perimeter to prevent topsoil and soil from eroding into the pond.
 
7)          No excavated material may be sold or given away without obtaining rezoning the property to an M-4 Quarry District and obtaining a conditional use permit approval from the Village of Rochester Planning Commission and Village Board.
 
8)          The property owner is subject to complying with all of the conditions outlined in an the correspondence from Bryan Hartsook, Water Resources Engineer with the State of Wisconsin Department of Natural Resources, dated September 14, 2011.  (see attached)
 
9)          The applicant must obtain all necessary federal, state, and local permits, approvals and licenses and comply with all applicable codes and regulations.
 
10)       No additions, deletions, or changes may be made to the project, site plan or these conditions without the Village of Rochester Planning Commission/Village Board, approval.  All additions, deletions, and or change requests must be submitted in writing to the Village of Rochester Planning Commission/Village Board, for their review and approval.
 
11)       The property owner must allow the Village Zoning Administrator or a Village employee full and unlimited access to the project site at a reasonable time to investigate the project’s construction, operation, and maintenance at the beginning, during and completion of this project.
 
12)       This project must be completed by June 1, 2012,   including permanent vegetation of all disturbed areas.  Written extension requests must be submitted to the Village of Rochester 30 days before permit/approval expiration if you wish to extend this permit...
 
13)       A temporary seeding (rye or winter wheat) and mulch shall be applied to all disturbed area within ten (10) days of final grading and a dormant seeding shall be applied after the ground is frozen, if permanent seeding cannot be accomplished by November 1, 2011.
 
14)       Please be advised that the Village of Rochester does not warrant or certify that the design of the pond or the drainage plan for this site is functionally and/or structurally adequate; therefore, the Village of Rochester accepts no liability through this permit.
 
15)       Failure to comply with the terms and conditions of this approval could result in the issuance of citation(s) and permit revocation.
 
16)       Your acceptance of this approval/permit and beginning the project means that you have read, understand, and agree to follow these conditions.  Therefore, General Secretariat of the Franciscan Missions and their heirs, successors, and assigns are responsible for full compliance with these conditions.
 
17)       It is the property owner’s responsibility to inform any subsequent owner or operator of these conditions.
 
18)       The Village of Rochester recommends that the property owner to obtain the necessary permits and approval prior to commencement of a project.
 
Ordinance #2-2011 “An Ordinance to Repeal Chapter 15, Sections 3.09, 5.04, 5.05 and 5.08 of the Village of Rochester Municipal Code, to recreate Chapter 15 Section 3.09, Public Facilities Districts, which apply to the entire corporate limits of the Consolidated Village of Rochester, to repeal conflicting provisions in the existing (former) Town of Rochester Code of Ordinances and the Village of Rochester Municipal Code, and to rezone Parcels to P-1 and P-2 Districts
 
Weinkauf explained that there are parcels in the consolidated Village that have improper zoning.  The Village is in the process of combining zoning ordinances for the former Town and the Village. Schattner is recommending two zoning districts for public grounds and or facilities.
 
Schattner introduced himself and explained that right now the Village is operating under two sets of zoning ordinances. The former Town, which adopted Racine County Zoning, and the former Village of Rochester zoning. The primary purpose of the of the proposed zoning ordinance is to reconcile differences between (former) Town of Rochester and Village of Rochester zoning codes.
 
Schattner read though the proposed ordinance:
 
P-1 Institutional Park District
 
The Institutional Park district is intended to eliminate the ambiguity of maintaining unrelated use districts, areas that are under public or public-related ownership and where the use for the public or quasi-public purpose is anticipated to be permanent.
 
1.            Permitted Uses.  The following uses are permitted in the P-1 Institutional Park district:
 
·        Public or private schools, colleges, and universities, provided that the lot area is not less than two acres
·        Religious and charitable institutions
·        Public recreational and community center buildings and grounds
·        Public emergency shelters
·        Churches, including residential quarters for clergy
·        Nursing homes, assisted living facilities
·        Libraries, museums, and art galleries
·        Lodges (ex. Moose Lodge, Knights of Columbus, Lions Club)
·        Government buildings, post offices
·        Public utility buildings and facilities
·        Garages for the storage of vehicles used in conjunction with the operation of a permitted use
·        Gift store operated in conjunction with a permitted use
·        Service buildings and facilities normally accessory to the permitted uses, including but not limited to residential quarters for caretakers
·        Off street parking and loading areas associated with a permitted use
·        Open space and recreational uses listed under 3.09.B.1 associated with a permitted use              
 
2.            Conditional Uses.  The following are conditional uses in the P-1 District.  See Chapter 15, Section 5, Conditional Uses.
 
·        Hospitals and Sanitariums 
·        Music halls
·        Penal Institutions
·        Cemeteries
·        Crematories
·        Police, Fire and Rescue Stations
·        Sewerage Treatment Plants
·        Child Care Centers, providing that traffic is managed in a manner to minimize danger to children
·        Uses similar in character to a permitted or conditional use, but not specifically listed in this section.
·        Gift store operated in conjunction with a conditional use
·        Service buildings and facilities normally accessory to the conditional uses, including but not limited to residential quarters for caretakers
·        Off street parking and loading areas associated with a conditional use
·        Open space and recreational uses listed under 3.09.B.1 associated with a permitted use
 
3.            Multiple Buildings on a Lot.  Notwithstanding Ch. 15, s. 2.06.c), more than one main building may be present on a lot in the P-1 District, provided, however, that the presence of more than one main building shall transform a permitted use to a conditional use.  The number of buildings and their uses, the lot width and area, the minimum setbacks of all proposed structures and uses from the property lines, the distances between the buildings and the lighting and landscaping plans shall be established by the Village Plan Commission.  See section 5, Conditional Uses.
 
4.            Area requirements
 
               Lot width                            Sewered                              No Minimum, provided all setbacks are met              
                                                            Unsewered                         150 Feet
 
               Lot Area                              Sewered                                             No Minimum, provided all setbacks are met
                                                            Unsewered                         40,000 square feet
 
5.            Yard Setback requirements
 
               Street                                   Minimum                            50 feet
 
               Side                                     Minimum                            50 feet
 
               Rear                                     Minimum                            50 feet
 
               Shore                                   Minimum                            75 feet
 
6.            Building Height  (to peak of roof) Maximum           35 feet
 
E.           P-2 Recreational Park District
 
1.            Permitted Uses.  The following uses are permitted in the P-2, Recreational Park district:
 
·        Public and private recreational uses, such as beaches, parks, arboretums, bathing, boating, cycling, fishing, horseback riding, marinas, swimming, skating, sledding, nature trails and hiking
·        Golf courses and driving ranges (private & public), provided that the facility is designed to prevent golf balls from leaving the site
·        Conservatories
·        Campgrounds
·        Play grounds
·        Driving ranges
·        Polo and soccer fields
·        Tennis courts
·        Public swimming pools and bathhouses
·        Botanical gardens
·        Athletic fields
·        Picnic areas
·        Community centers
·        Gymnasiums
·        Sports clubs
·        Public emergency shelters
·        Picnic Areas (shelters, pavilions, gazebos)
·        Community gardens
·        Parking areas, service buildings and rest rooms associated with a permitted use
 
2.            Conditional Uses.  The following uses shall be conditional uses in the P-2 District.  See Chapter 15, Section 5, Conditional Uses.                  
 
·        Zoological gardens.
·        Archery and fire arm ranges
·        Stadiums
·        Uses similar in character to a permitted or conditional use, but not specifically listed in this section
·        Parking areas, service buildings and rest rooms associated with a conditional use
 
3.            Multiple Buildings on a Lot.  Notwithstanding Ch. 15, s. 2.06.c), more than one main building may be present on a lot in the P-2 District, provided, however, that the presence of more than one main building shall transform a permitted use to a conditional use.  The number of buildings and their uses, the lot width and area, the minimum setbacks of all proposed structures and uses from the property lines, the distances between the buildings and the lighting and landscaping plans shall be established by the Village Plan Commission.  See section 5, Conditional Uses.
 
4.            Area requirements
 
               Lot width                            Sewered                              No minimum, provided all setbacks are met
                                                            Unsewered                         150 feet
 
               Lot area                               Sewered                              No minimum, provided all setbacks are met                                                                                                                        Unsewered                         40,000 sq. ft.
 
5.            Yard setback requirements
 
               Street                                   Minimum                            40 feet
 
               Side                                     Minimum                            40 feet
 
               Rear                                     Minimum                            40 feet
 
               Shore                                   Minimum                            75 feet
 
6.            Building Height (to peak of roof)  Maximum            35 feet
 
Schattner stated that at the last plan commission meeting when this was discussed there were issues about lighting brought up. He inserted the following language to address those issues:
                                                        
Exterior lighting standards and lighting plan required.
 
Exterior lighting plans shall be required for new development or redevelopment of existing exterior lighting in the P-1 and P-2 Districts. At the time any exterior light is installed or substantially modified in a P-1 or P-2 District, and whenever a zoning permit application is made for new development or redevelopment, an exterior lighting plan shall be submitted to the Plan Commission in order to determine whether the requirements of this subsection have been met and that adjoining property will not be adversely impacted by the proposed lighting.
1.     Exterior lighting in the P-1 District shall be limited to total-cutoff-type luminaires (with angle greater than 90°). The maximum permitted illumination shall be two footcandles and the maximum permitted luminaire height shall be 30 feet as measured from surrounding grade to the bottom of the luminaire. (Note: This standard does not address illumination levels or fixture height which may be required by the Village of Rochester for the adequate lighting of public street rights-of-way. It represents maximum illumination levels on private property.)
2.     Ball diamonds, playing fields, golf driving ranges, tennis courts, and similar outdoor recreational facilities have unique requirements for nighttime visibility and generally have limited hours of operation. These uses (excluding their associated off-street parking lots) may be exempted by the Plan Commission from the exterior lighting standards of this subsection if the applicant can satisfy the Plan Commission, upon site plan and lighting plan review, that the following requirements are met:
a.  Any exterior light sources shall not exceed the maximum permitted post height of 70 feet.
b.    If the luminaire is shielded in either its orientation or by a landscaped bufferyard to prevent light and glare spillover to adjacent residential property(s) or residential zoning districts, then the luminaire may exceed a total cut-off angle of 90°. The maximum permitted illumination at the interior bufferyard line of all required bufferyards shall not exceed two footcandles.
3.      A lighting plan submitted pursuant to the requirements of this subsection shall have, at a minimum, the following elements:
a.      A catalog page, cut sheet, or photograph of the luminaire, including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cutoff angles.
b.    A photometric data test report of the proposed luminaire graphically showing the lighting     distribution in all angles vertically and horizontally around the luminaire.
c.      A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels.
4.     For the purposes of this subsection, light shall be measured as follows:
a.    Metering equipment. Lighting levels shall be measured in footcandles with a direct-reading, portable fight meter. The meter shall be read within an accuracy of plus or minus 5%. The meter shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within 30 days of its use.
b.    Method of measurement. The meter sensor shall be mounted not more than six inches above ground level in a horizontal position at the interior line of the bufferyard or at the property line, as required herein. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading. In order to eliminate the effects of moonlight and other ambient light, measurements shall be made after dark with the light source in question on, then with the same sources off. The differences between the two readings shall be compared to the maximum permitted illumination allowed under this subsection.
Schattner said they identified the areas (parcels) in the Village that would need to be brought into compliance with the proposed ordinance.  The following is a list of those parcels:
 
A.  The following Properties shall be rezoned to P-1 District:
                                                 
Parcel Id. No.                     Property Owner                                                              Property Address
 
176031914019000           Western Racine County Sewerage District                1020 North River Rd.
176031911005010           (Sewerage Treatment Plant)
 
176031911299002           Western Racine Co. Sewerage District ( Lift Station)             300 N. Rochester St.
                             
176031903031000           Rochester Cemetery Co.                                               31440 Washington Ave.
 
176031911208000           First Congregational United Church                           107 South State St.
                                             Of Christ
 
176031906025000           Community Baptist Church of Honey Creek                            35512 Washington Ave.
 
176031906052000           Baptist Church Trustee’s                                              35512 Washington Ave.
 
176031906026000           Honey Creek Memorial Cemetery Assn.                    35512 Washington Ave.
 
176031906053000           Honey Creek Cemetery                                                 West of 35307 Washington Ave.
 
176031911083000           Village of Rochester                                                      208 West Spring St.
176031911084000           (Rochester Commons Park and
176031911292000           Rochester Library)
 
176031911202000           Village of Rochester                                                      203 West Main St.
                                             (Village Hall)
 
176031910029001           Village of Rochester                                                      31020 Academy Rd.
176031910029002           (Fire and Rescue Station)
176031911343001          
 
176031910006000           Racine County                                                                31929 Academy Rd.
                                             (Western Racine Co. Highway Dept.)
 
176031913020000           Eagle Creek Religious Society                                     NE of 28243 Plank Rd.
176031913005050           (English Settlement Church)
 
176031911104000           Karen Lee Schwedler                                                    208 West Main Street
                                             (Rochester Post Office)
 
176031913001000           Racine County                                                                815 N. English Settlement
                                             (Paupers Cemetery)
B.           The following parcels shall be zoned P-2 District:
Parcel Id. No.                     Property Owner                                                              Property Address
 
176031911200000           Village of Rochester (Pioneer Park)                                          SE corner of Main St. & Front St.
 
176031911299000           Racine County                                                                North of 300 N. Rochester St.
                                             (Open space/floodplain)                                              
 
176031911409000           Fox Knoll Estates Homeowners’ Assoc., Ltd.           Entrance Northeast of 512
Foxknoll Ct.
 
176031911321000           Racine County                                                                SW corner of S. Rochester St.
176031911005020           (Case Eagle Park)                                                           and Hwy 36
176031914019010
176031911005000
176031910020000
 
176031903014000           Racine County                                                                Entrance South of 2737 Buena
176031903016000           (W. R. Wadewitz Nature Camp)                                  Park Rd.
 
 
176031913010000           Racine County                                                                SE Corner of CTH J and CTH A
176031913021000           (Open space/floodplain)
 
176031918118000           Honey Lake Protection &                                                            35311 Buena Ave.
176031918119000           Rehabilitation District
176031918128000
176031918127000
176031918120000
176031918126000
 
176031914029000           Racine Co.                                                                       S of Fox River, W of STH 36
176031915021000           (Saller Woods)                                                               Extending S to Vergon
176031915091000
176031915090000          
 
176031911259000           Wisconsin Electric Power Company                           Bike Path
176031902048000
176031911270000
176031902049000
176031902051000
 
176031913002000           Racine County                                                                815 N. English Settlement
                                             (FFA Fields)
 
Ed Yanke, 109 N. State Street, questioned how it was going to effect the library property. Schattner explained that there are three parcels located up there now.  They will be combined into one parcel and placed in the P-1 District.  By conditional use the Village will then be allowed to place more than one building on the parcel. It will require a public hearing, where people from the public will be able to voice their concerns.
 
Peter Conrad, 2 E. Miflin, Madison, stated he feels that the Village is putting the properties in the wrong categories. He said the way the ordinance is set up those (the library) properties should be zoned P-2, because the baseball diamond and the playground aren’t allowable under P-1. Schattner stated that P-1 allows for public recreational and community center buildings and grounds.
 
Michael Pankonin, 206 W. Wade St. stated he has some concerns regarding the proposed change to the Village of Rochester Commons Park and Rochester Library from R-1, “Single Family Residential” to P-1, “Institutional Park District”.
He purchased his house 15 years ago and thought he was buying into a mature residential community. He has some reservations about this change. While he does not know all the implications of this change he appreciates the information that Schattner gave.
 
However, he still has the following concerns should the change of zoning occur:
 
~       The existing park would be open to alternative uses and Rochester Commons could be changed from a park area to an area which is used for, quoting from the ordinance: “public facilities districts are intended to accommodate a wide range of public and quasi-public uses distributed throughout the community, such as locations that support government, civic, cultural, recreational, health and infrastructure, including but not limited to public facilities, community and group meeting centers, fire stations, museums, hospitals, cemeteries, libraries and similar compatible uses”
~       The road which he lives upon, could turn from a dead-end road to a through road
~       The road which he lives upon could require major expansion which would dramatically affect his property
 
Simply stated, he feels that the above uses of the existing Rochester Commons would significantly and materially affect the value of his property in a negative way.
 
Schattner stated tonight’s meeting is about the ordinance. He’s stated the Village is just like anyone in the Village, if someone wants to re-zone their property they first have to come in front of the Plan Commission, then go through a public hearing process, and then go to the Board for final approval. Tonight’s meeting is for the Plan Commission to take a look at the ordinance and decide if they are going to recommend approval. The public hearing will be held on November 14, 2011. This gives time to get some understanding of what this zoning ordinance means. Schattner stated he would be glad to sit down with anyone who wants the ordinance explained to them.
 
Bill Monnin, 906 N. Browns Lake Rd., stated he received the letter as well and wasn’t quite sure how it affected him. His property is zoned A-2 right now. He questioned if his property is being rezoned. Schattner stated that his property will remain A-2. The only properties that are being rezoned are the properties that are listed in the letter he received. He received that letter because he is within 300 ft. of the bike path.
 
Laura Rumpf, 210 Wade St., stated she does not want the Library grounds to be P-1, she feels it should be P-2. She feels if you zone it P-1 you’re taking the park away from the children.
 
Tamblyn stated if anyone would research it they would find that, if a new village hall was to be built, the location up by the library was always the first choice. He served on the Village Board a long time and it was a well known fact when he was on the Board.   Novy, confirmed that this was true. She stated that the location used to be a school and the Village purchased the location for the library.  The Village Board at that time also had the intention of constructing a Village Hall on to the existing building.
 
Peter Conrad stated he thinks that everyone would appreciate time to understand this ordinance and to talk about it. He understands the merit of this ordinance and the Village is trying to merge two ordinances.  However, he thinks the people need time to absorb it and understand the impact. He suggests that another public hearing be held. Weinkauf stated that they could look at it again at their next plan commission meeting.
 
Charlie Pietrowski, 108 N. State St., questioned, if the board decides not to pass the ordinance and the library property stays residential, how will that affect the building of the new village hall. He feels like this a push to consolidate these properties just so the Village can build there. Weinkauf stated that it would probably affect the placement of the building. Schattner corrected in stating that it would affect the use of the property, its zoned residential so the Village Hall would not be able to be built there. If it’s zoned institutional then the use will allow for the Village Hall. Pietrowski stated he doesn’t understand why this has taken so long. Why didn’t the Village do this when they were considering the location in the first place?
 
Eckert stated this has to do with the fact that the Village is in the process of merging two different zoning districts, the Village had its own zoning and the Town used County zoning. This is not happening because of the Village Hall.  The Village has to start somewhere with merging the districts and this is where the Village is starting.
 
Tamblyn questioned the audience as to how many people actually have any other concerns other than the library property.
 
Camille Cox, 30637 Vergon Dr., stated she lives across from Saller Woods and understands that is going to be rezoned. She wants to know how this will affect their property.   She is in the middle of selling her house and wants to know if she needs to let the new owner know about this because she doesn’t want anything to come back to her after she sells. Schattner stated they are being rezoned to match the uses that they are right now, it will not affect her property.
 
Tamblyn stated the big thing with consolidating the Village and the Town is merging all the rules. Some things meshed real well and some things don’t and it is their job to get consistency throughout the whole Village. That is what they are trying to accomplish with this zoning ordinance. This is where they are starting. There is no hidden agenda.
 
Jay Rumpf, 210 Wade St., stated the zoning options that are in these districts are so broad that almost anything could go in them. He certainly doesn’t want to see a jail go up by the library. Schattner stated a jail is a permitted use under the P-1 zoning ordinance, but they could make it a conditional use where citizens are made aware of it and can give input on it.
 
Michael Pankonin, 206 W. Wade St., stated he feels the property is best served in the P-2 district, he feels that is how it is being used now. Schattner stated that if you look at the uses in both districts there are things listed in both districts that people may not want to see up there.  They are trying to zone it for what it is being used as now. Gerber stated that the library is located on the property already and that is listed under the P-1 district. P-2 would not match the use.
 
Laura Rumpf, 210 Wade St., stated the Village could zone the Library P-1 and the two other properties located up there P-2. Novy stated that there are no longer three parcels; they were combined into one parcel with a quit claim deed that the Village Board executed at one of their Board meetings.
 
Pankonin stated there was no notification sent to him about that. Novy stated that there are no legal requirements to inform the public, if there was she would have published a notice. Gerber added that all Village Board meetings are open to the public. Schattner added a quit claim deed is a normal procedure when you want to combine parcels.  If you have multiple parcels, it just requires the filing of a legal document to combine them.  It does not require a public hearing.
 
Schattner stated he is not there to talk about the village hall.  This meeting is about the overall zoning for the Village of Rochester-  it has nothing to do with the Village Hall.  Tamblyn said they are trying to get the P-1 and P-2 zoning corrected for all the parcels in the Village not just one parcel.  The majority of the people that are at the meeting seem to only be concerned about the library parcel.
 
Dennis Saunders, 304 N. State St., stated when he was on the Village Board he could foresee a lot of problems when the Village and the Town consolidated especially with the ordinances.  He’d like to make a suggestion that the original Village be Zone 1 and the old Town be Zone 2. He said the Village and the Town had their own set of ordinances and he suggests that they use those ordinances and it would clear up a lot of problems.  Weinkauf stated that the Village is in the process of going through the ordinances to combine them and make them work for the whole Village.
 
Ed Yanke, 109 N. State St., questioned if they could just go ahead with the rezoning of the parcels that there are no objections to and hold back on the ones that there are objections to. Schattner stated that they are talking about the ordinance right now; they are not going to piece meal it. They’ve identified the parcels that fall into these districts. This ordinance has gone through the Ordinance Committee and the Plan Commission and they have modified it to address concerns that the Plan Commission had. Now it is out there for the public to look at it and make some recommendations. Yanke stated this ordinance effects different people in different ways and in different areas. Tamblyn added that they went through the text and,
to take it a step further, they’ve identified the parcels that fit the text.
 
Mike Pankonin suggested that they rezone the other parcels and hold off on the library parcel. Tamblyn stated that would be going against everything the Village is trying to do. They are trying to get the zoning figured out for the whole Village. They can’t exclude parcels, the Village is dealing with the P-1 and P-2 zoning districts as a whole.
 
Laura Rumpf, questioned what the current zoning is for the fire station. Schattner stated right now it is zoned R-2 and it shall be rezoned P-1.
 
Schattner gave his contact information and said that anyone is welcome to call him if they would like to discuss the zoning districts in detail.
 
Tamblyn moved, 2nd by Beere to table Ordinance #2-11 until the November Plan Commission meeting. All were in favor. Motion carried.

Tamblyn urged residents to e-mail or call Betty Novy with any suggestions or comments on the ordinance so the Plan Commission can take them into consideration.
 
Eckert moved, 2nd by Gerber to adjourn at 8:45 p.m. All were in favor.
 
Respectfully submitted by,
 
 
Sandi Swan
Deputy Clerk-Treasurer

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