A regular meeting of the Planning Commission of Alexandria Township was held on the 17th day of December 2007 at the Alexandria Township Conference Room, 610 Fillmore Street. The Commission canceled their meeting of December 26, 2007 and chose to convene instead on December 17, 2007.
Roll Call: Commission members present were John Knowles, Julie Feuling, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. Also present was Bonnie Fulghum, Deputy Clerk and Ben Oleson, Township Zoning Administrator. As said members formed a quorum and the meeting was called to order by Chairman Knowles at 6:30 p.m.
Agenda:
Feuling, seconded by Niskanen, made a motion to approve the agenda as presented. Motion carried unanimously.
Minutes:
Niskanen, seconded by Hammerschmidt, made a motion to approve the minutes of the 11/26/07 meeting as written. Motion carried unanimously.
Motion by Hammerschmidt, seconded by Feuling, to recess the meeting at 6:36 p.m. to open up the public hearings on the 1) preliminary plat of Geneva Bluff Estates Second Addition (Doug/Mary Ellen Thompson, applicants); 2) tabled item pertaining to an amendment to the comprehensive plan; 3) rezoning application from Jack’s Family Recycling Center (Kathy Hodges, applicant); 4) adoption of a permanent zoning ordinance; 5) adoption of a permanent subdivision ordinance; 6) an amendment to the zoning ordinance regarding pervious pavers, and to reconvene at the end of the public hearing. Motion carried unanimously. Meeting recessed at 6:36 p.m.
Public Hearing:
The first item for public hearing was the preliminary plat of Geneva Bluff Estates Second Addition, applicants Doug and Mary Ellen Thompson. Zoning Administrator Ben Oleson stated that the purpose of the plat is to allow a two-lot residential subdivision of a previously platted lot. Some concerns that had arisen regarding this plat are stormwater issues and road connections. Mr. Thompson addressed the Commission and stated that his intention is to break off 0.93 acres of the 14 acres. He indicated that Mr. Mark Watkins planned to put a storage building on the lot. Chairman Knowles opened the meeting to the public. Hearing no comment, he brought the issue back to the commission. Commissioner Niskanen asked the applicant if a home would be built? Mr. Mark Watkins, who was present, indicated that right now, only the storage building would be built. Niskanen also inquired as to whether Mr. Watkins would be running any kind of business out of this storage shed and the answer was no. Oleson addressed the stormwater issue and said that Engineer Kuhn stipulated that the existing depression partially encompassed by the proposed lot does not collect water from a very large area and that Mr. Thompson had already put in retention ponds in the areas of his property that do collect water from the larger watershed area. Commissioner Feuling inquired as to a road connection between Freedom Road and E. Lake Geneva Road. Oleson responded that a road connection could either be planned for now or at the time of future platting of the property. Seeing no further discussion, Chairman Knowles called for a motion. Niskanen, seconded by Feuling, made a motion to recommend approval, without conditions, of the preliminary plat of Geneva Bluff Estates Second Addition, and forwarding to the town board. Roll: Feuling – yes, Niskanen – yes, Hammerschmidt – yes, Steidl – yes, Knowles – yes. Motion carried unanimously.
The tabled item regarding the amendment to the comprehensive plan, which would identify additional areas for Commercial/Light Industrial uses, was brought up next. Oleson stated that there are many areas within the township that have non-conforming uses, such as a house-moving business, sign business, offices, etc. Therefore, the staff recommendation to the commission is to not make any changes to the plan at this time since there are scattered uses throughout the township. Commissioner Hammerschmidt asked Oleson to elaborate on the concept of a “holding zone”. Should we have an area delineated for Industrial on the Land Use Map? Commissioner Steidl asked if water and sewer would need to be provided to be zoned industrial? Oleson commented that those uses that need those amenities would not be allowed. Chairman Knowles opened the meeting to the public. Kathy Hodges, owner of Jack’s Family Recycling Center, which has applied for re-zoning, asked what would happen to her business plans if she is NOT re-zoned commercial or light industrial (currently the land Jack’s Recycling Center is situated on is zoned Urban Residential). Oleson responded by saying that her conditional use permit will allow her to apply for future buildings, even though she is zoned UR, provided she satisfies the township that there will be no increase in nuisance characteristics as a result. He acknowledged that her business, if zoned commercial or light industrial, would make it easier; however, even then she would still need a conditional use permit. Commissioner Feuling responded to Ms. Hodges by saying that the commission had to address the topic of “spot zoning” when considering making changes to the comprehensive plan. Ms. Hodges stated that being zoned commercial would help to ensure the likelihood of approval. Charles Klimek, 710 Scandia, Alexandria, stated that Section 34 has a lot of wetlands and would be harder to build upon. He would personally oppose any re-zoning and building in Section 34. Chairman Knowles then closed the public portion of the meeting and brought it back to the commission. Hammerschmidt, seconded by Feuling, made a motion to not amend the comprehensive plan at this time but to wait until its next anticipated review time of year 2011 (unless an earlier review is determined to be appropriate). Roll: Hammerschmidt – yes, Feuling – yes, Niskanen – yes, Steidl – yes, Knowles – yes. Motion carried unanimously.
Next was the tabled item of the rezoning application for Kathy Hodges (Jack’s Family Recycling Center). Oleson stated that the staff recommendation on this application is to deny since it is not consistent with the comprehensive plan. Chairman Knowles opened the discussion to the public. Bob Novak, 1841 Ridgewood Drive, Alexandria, stated that not only is he a contractor in town, but that he is also Ms. Hodge’s contractor. He said if something is zoned residential, what all is looked at? The water table is saturated. Most commercial buildings will be on slab, on grade. What is the purpose for residential zoning in this area, with such a high water table? How much thought goes into this? Where did all the circles depicting commercial/industrial zoning come from? What are the criteria? Why have it zoned residential – unless you put modular homes, or trailer homes on it, you certainly can’t put in a basement. Chairman Knowles stated that the township looks at many criteria, such as roads, traffic patterns, etc. There are many more issues than just the water table. Mr. Novak questioned the 5-year timeline for review of the comprehensive plan. Charles Klimek stated that there are different parts of the township that are easier to build upon, such as the northern portion of the township. At this point, Chairman Knowles closed the public portion for comment and brought the issue back to the commission. Commissioner Feuling reiterated that we had already voted to not change the comprehensive plan and that 2011 is the next time the township will look over the plan. This, however, does not mean that we wouldn’t look at it sooner if the issue came up. She said one of her main concerns is setting precedent and not repeating habits that favor some and not others, and yet being fair. Niskanen, seconded by Steidl, made a motion to not approve the rezoning request for reasons that it will conflict with the comprehensive plan. Roll: Feuling – yes, Niskanen – yes, Steidl – yes, Hammerschmidt – yes, Knowles – yes. Motion carried unanimously.
With regard to the adoption of a permanent zoning ordinance, Zoning Administrator Oleson said the staff recommendation is to adopt the proposed amendments to the Interim Zoning Ordinance as a permanent zoning ordinance. Chairman Knowles called for discussion. Commissioner Hammerschmidt asked a question regarding setbacks for urban and residential roads; namely the stretch of County Road 81 to the Lake Jessie channel. Oleson stated that Douglas County Engineer Robley said the setbacks are different since urban refers to curb and gutter and rural sections have ditches. Criteria used are based upon how much development is already existing and what is anticipated in the future. For example, there is a larger setback for buildings in rural sections. Chairman Knowles opened the meeting to the public. Hearing none, he brought the issue back to the commission. Hammerschmidt, seconded by Steidl, made a motion to approve the changes as presented in the staff report and to adopt a permanent zoning ordinance. Roll: Hammerschmidt – yes, Feuling – yes, Niskanen – yes, Steidl – yes, Knowles – yes. Motion carried unanimously.
Oleson proposed replacing the Interim Subdivision Ordinance with a permanent subdivision ordinance. He outlined what some of the changes might be, which would be amendments to the definitions of “significant” and “specimen” trees; a change in policy regarding the requirement of financial securities when land is subdivided and improvements are made; and clarification that land must be subdivided by plat wherever lots or remnant lots are five acres in size or more. Chairman Knowles opened the meeting to the public for comment. Hearing none, he brought the issue back to the commission. Niskanen, seconded by Feuling, made a motion to approve the changes as outlined in the staff report to make this a permanent subdivision ordinance and forward to the town board. Roll: Feuling – yes, Niskanen – yes, Steidl – yes, Hammerschmidt – yes, Knowles – yes. Motion carried unanimously.
Chairman Knowles asked Oleson to present the proposed amendment to the zoning ordinance regarding the use of pervious pavers. Oleson stated that the purpose of this amendment would be to provide additional flexibility for property owners who are legally over the impervious limit to create additional impervious surfaces on their parcel. Oleson said that under this amendment, a landowner would be allowed to add new impervious somewhere on their lot provided that they converted other existing impervious surfaces to pervious pavers at a 4:1 ratio; and secondly, a stormwater plan would need to be developed. If these two conditions were met, the township would give credit for the pavers. Oleson said some questions would need to be addressed; namely, do we want to make this change to allow flexibility to use pervious pavers? He also noted that if the township were to adopt the amendment, the township would still be more restrictive than the county. Commisisoner Feuling raised the concern on enforcement. Oleson stated that numerous properties would be impacted by this amendment – perhaps 50 or more. Chairman Knowles opened the meeting to the public for comment. Hearing none, he brought it back to the commission. Feuling, seconded by Steidl, made a motion to not adopt the amendment to the zoning ordinance allowing the pervious pavers credit. Roll: Niskanen – yes, Steidl – yes, Feuling – yes, Hammerschmidt – yes, Knowles – yes. Motion carried unanimously.
The public hearing portion of the meeting was closed and the meeting reconvened. No questions were raised regarding the Zoning Administrator’s Report.
There was no Old Business; however, Chairman Knowles requested that at the next meeting the commission consider establishing guidelines for timelines on issues.
Seeing as there was no New Business, Chairman Knowles requested a motion for adjournment. Being no further business, Feuling, seconded by Hammerschmidt, made a motion to adjourn the meeting. Meeting adjourned at 7:50 p.m.
Respectfully submitted….
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Bonnie Fulghum, Deputy Clerk
Approved this _______day of ________, 2007
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John B. Knowles, Chairman