A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 25th day of October, 2010 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were John Knowles, Julie Haar, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. Also present was Bonnie Fulghum, Deputy Clerk, along with Ben Oleson and Chuck Marohn, Township Zoning Administrators. As said members formed a quorum and the meeting was called to order by Chairman Knowles at 6:00 p.m.
Agenda: Niskanen, seconded by Steidl, made a motion to approve the agenda as written. Motion carried unanimously.
Minutes: Hammerschmidt, seconded by Haar, made a motion to approve the minutes of the 09/27/10 meeting as written. Motion carried unanimously.
Public Hearing: Preliminary Plat of Victoria Estates, First Addition. The developer, Ben Zacher, explained his intention to subdivide 14 acres into 15 lots; i.e. nine lake lots and five back lots. One of the lakeshore lots, Lot 4, has an existing single-family dwelling. The applicant plans to extend Pawnee Drive to the south and east, providing access to Lots 1 -3 of Block One, Lots 1 – 2 of Block Two and both lots of Block Three. This road would dead-end with a turnaround. He would also build a new public road off the Pawnee Drive extension which would serve the remaining lots, ending in a cul-de-sac.
Commissioner Niskanen expressed concern regarding the waterway that runs through the two north lake lots. Would those lots still be buildable? The applicant stated that they would, and that run-off would flow to a stormwater pond. Zoning Administrator Marohn stipulated that there is no bluff on these two lots.
Commissioner Steidl asked if the water run-off from Lots 5 – 9 would be treated in a retention pond? The applicant stated that a portion of it would.
The commission asked Engineer Kuhn his thoughts on stormwater management. Engineer Kuhn stated that the town is not requiring exact stormwater information at this juncture, but rather it would be addressed during the final plat stage.
Commissioner Niskanen inquired as to future maintenance of the pond. Zoning Administrator Marohn stated that it would be determined during the final plat stage. He expressed no concerns as to the amount of water to be handled or the manner therewith.
Zoning Administrator Marohn discussed the seven conditions contained in the staff report. He also mentioned that perhaps the un-named public road right-of-way be extended to the edge of the property line and recommended the addition of an eighth condition, to read as follows: “The southern road (shown as Public Road) shall be extended to the easterly property line to provide for extension of the road to the adjacent property.”
Chairman Knowles opened the hearing for public comment.
Brad Nyberg, 3403 Pawnee Drive, asked what the long-term plan was for the existing turnaround located at the end of Pawnee Drive. The applicant stated that since a turnaround would be created on the Pawnee Drive extension, once the road had been built and the turnaround established, the old turnaround could be eliminated. Zoning Administrator Marohn stated that the existing turnaround was designed as a “temporary” turnaround and therefore would not be needed once the new turnaround is built.
Mr. Nyberg asked how the turnaround could be eliminated. Mr. Nyberg had vacated at an earlier time period all but 40’ of the “platted road” (the remaining 40 ‘ consisting of the easement with the temporary turnaround).The turnaround area provides access to his back lot.
Zoning Administrator Marohn stated that there were two issues involved to eliminate the turnaround. 1) It would need to be determined who would be responsible for the removal of the physical portion; i.e.asphalt, bringing in fill, etc.; and 2) vacation of the 40’ portion of road constitutes legal action, either by court action or resolution.
Commissioner Hammerschmidt commented that once the new turnaround is created at the end of the Pawnee Drive extension, the existing turnaround should be eliminated due to safety concerns.
Chairman Knowles closed the public comment portion of the hearing.
Commissioner Hammerschmidt inquired as to the drainage flow, whether it would occur between Lots 6 & 7. Engineer Kuhn stated that the drainage easement could occur across Lot 6, but it would be determined when the final drainage plans are completed.
Motion by Niskanen, seconded by Hammerschmidt, to recommend approval of the preliminary plat application of Victoria Estates, First Addition, with conditions 1 – 7 as outlined in the staff report and condition no. 8 as recommended by Zoning Administrator Marohn. Roll: Niskanen, Steidl, Haar, Hammerschmidt, Knowles – yes. Opposed: none. Motion carried unanimously.
The second item for public hearing was the proposed amendment to the township Zoning Ordinance, Section V – Performance Standards. The amendment concerns the regulation of home occupations and other business activities in residential areas.
Commissioner Niskanen asked if the town would require the owner of the business to be a resident; i.e. living on the premises. Zoning Administrator Oleson stated that the draft stipulates all home occupations must be located on the homestead of the business operator.
Commissioner Hammerschmidt stated that under 12b (signage) MVHO, the words “whether” and “or free-standing” need to be struck.
Chairman Knowles opened the hearing to the public.
Julie Feuling, 2207 W. Lake Jessie Drive, had a list of questions and/or statements. She stated that when the town grants conditional use or interim use permits, the landowner’s tax status changes. The question was raised whether the town is, and if not, should be notifying potential applicants of this fact. Zoning Administrator Oleson will contact the county assessor’s office to further explore this question.
Is this amendment a replacement or an addition to our existing ordinance; i.e. classification charts, etc. Zoning Administrator Oleson stated that this was an addition.
Ms. Feuling asked for a definition of indirect and direct evidence under the Moderate and High Visibility definitions, items (2) and (3).
Under 2(1)(a), should stronger language be used; i.e. no on-site customers or clients allowed as opposed to the current language of “no attempt”.
Under (7) Noise, how much noise is actually permitted? Since the township’s noise ordinance stipulates decibel levels, the commission discussed making this portion subject to the noise ordinance.
The commission discussed changing the low and moderate categories to include the word “audible” as well as “visible”.
Was there to be a limit as to the number of employees allowed? Zoning Administrator Oleson stated that the visibility; i.e. parking, was more of an issue.
Will an interim permit be used instead of a conditional use for the home occupations? Zoning Administrator Oleson stipulated that all home occupations would be classified as interim use.
Chairman Knowles closed the hearing to public comment.
The consensus of the commission is to 1) insert “visibility and/or audibly” in the definitions for low and moderate visibility; 2) have no. 7 (noise) reflect the township noise ordinance; 3) under 4(b) MVHO strike the words “whether” and “or free-standing”; 4) change definition headers from “visibility” to “activity”; and 5) under 3(a) add the words “or on an adjacent lot that they also own”.
Zoning Administrator Oleson was directed to run the draft, including the above changes, past the county and the town board before completion of a final draft.
New Business: None
Old Business: Douglas County Comprehensive Plan. No new updates.
Zoning Administrator Oleson stated that the town board has decided to wait a while longer before starting on the township’s comprehensive plan.
Zoning Administrator’s Report: No discussion.
Adjournment: Being no further business Steidl, seconded by Niskanen, made a motion to adjourn the meeting. Meeting adjourned at 8:04 p.m.
Respectfully submitted…
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Bonnie Fulghum, Deputy Clerk
Approved this ____ day of ___________, 2010
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John B. Knowles, Chairman