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PLAN COMMISSION MINUTES JULY 15, 2003 PRESENT: William Bettes, David Borsuk, Shirley Mattox, Donald Pressley, Kathleen Propp, Achim Reschenberg, John Ruppenthal STAFF: Jackson Kinney,
Director of Community Development; Darryn Burich & Susan Kepplinger, Principal Planners; Darlene Brandt, Recording Secretary The meeting was called to order at 4:00 PM by Chairman Bettes.
Roll call was taken and a quorum declared present. The minutes of July 1, 2003 were approved as distributed. I. PRELIMINARY PLAT /PARKVIEW HEIGHTS; CONDITIONAL USE PERMIT; FINAL PLANNED
DEVELOPMENT Creative Custom Homes is requesting approval of the preliminary plat known as Parkview Heights, generally located south of the southern terminus of Soda Creek Rd. and Jacktar
Rd., north and south of Kope Ave., east of Jackson St. and west of the Winnebago County Park, as well as a conditional use permit and planned residential development review for a portion
of the northern half of said plat. Mr. Burich noted the proposed plat contains 85 lots for for construction of single family dwellings and 2 outlots for drainage purposes. Part of the
proposed subdivision north of Kope Ave. is within a planned development district. It is not the intention of the City, however, to review each dwelling proposed for construction within
the plat. A conditional use permit is being requested to allow future development on these lots to be done in conformance with the base standards of the district. Mr. Pressley inquired
as to the status of Kope Avenue. Is it a private road? Mr. Burich noted that the north side of Kope Avenue is a private street that was created when the lots along the north side of
the street were created. An agreement was entered into and recorded on each of those properties that when the southern half of Kope Avenue was developed that the entire road be dedicated
and constructed as a public street. Gary and Dawn Schultz, 150 Kope Ave., stated they own the last easternmost lot on Kope Ave. and were in favor of the proposed development. However,
they were concerned about increased pedestrian traffic to the County Park. There already is a lot of traffic that accesses the park through Kope Avenue. They have had vandalism, excessive
garbage, etc. Everyone feels they can use their property as an access to the Park. Mr. Schultz inquired what will be done to handle this traffic? Ms. Mattox arrived at this time. Kurt
Veneer, Creative Custom Homes, noted there is an existing dedicated pedestrian easement that runs along the north side of Mr. Schultz's property, which is actually located on property
owned by D & F Investments. He would have to check with the developer to see if additional easements/access points could be looked at.
Plan Commission Minutes Page 2 July 15, 2003 Mr. Burich noted that staff would also look into whether it would be desirable to have an additional access to the park near the southern
half of the plat most likely in the Lot 81 area. Mr. Schultz did not feel an access point at that location would be effective. Mrs. Schultz inquired if a park entrance would be installed
in this area before the subdivision was started? Mr. Burich could not answer that question without checking with the County. Mr. Borsuk inquired if Mr. Schultz had a fence along his
property? If not, would he object to fencing be installed? Mr. Schultz replied he has rows of shrubs but no fence. He did not know how he would stop people from using his lot without
a fence on the north, south and east lot lines. Once the road was improved, he believed more people will park on it and use his lot for access to the Park. Mrs. Propp inquired why the
mix of zoning in this area. Mr. Kinney noted that over the past 10+ years when these areas were annexed, zoning classifications were requested based on a perceived plan by a particular
developer. When development starts to occur, it may be a different developer who works with the existing zonings versus requesting a zoning change, which is the case in this particular
area. Based on the lot sizes within the proposed plat, it would appear single family homes will be constructed. Mr. Kinney noted a rezoning would need to be requested in order to permit
multi-family development in this area. Mr. Veneer stated single family dwellings are proposed. Ms. Mattox inquired why the trail access goes through Mr. Schultz's property versus the
storm water detention area? Mr. Veneer noted the trail easement was dedicated by a previous owner/developer and was proposed to be utilized. Mr. Borsuk inquired of Mr. Veneer if there
would be a problem constructing a fence around Mr. Schultz's property? Dave Schmalz, engineer for the project, stated they could not speak for the developer. Mr. Ruppenthal believed
the County is remiss in not addressing this issue or constructing a fence. It is not the developers responsibility to address this, but the County's. He felt it was unreasonable to burden
the developer. Mr. Pressley inquired who installs and maintains the trail?
Plan Commission Minutes Page 3 July 15, 2003 Mr. Kinney noted it was not a simple issue as to who will take care of the trail. He believed, however, a meeting should be set up with County
and appropriate City staff to discuss this issue further. Mr. Kinney noted it was the City's intention to set aside an access trail for this area similar to what is being constructed
on Sawyer Creek near the Carl Traeger School. When that area was platted, the City requested access easements at various locations from the developers. A question was raised as to the
timing of the installation of sidewalks and stormwater retention. Mr. Kinney noted that all developers should be treated equally. The installation of sidewalks is addressed in the Subdivision
regulations and if the Plan Commission wished to change those regulations, staff could look into it. It was also noted that the City recently approved a storm water retention Ordinance
and that is addressed by the appropriate City staff and is separate from the request before the Plan Commission. Motion by Pressley to move approval of the Preliminary Plat known as
Parkview Heights with the following conditions: 1) Garden Place Lane be changed to Soda Creek Road. 2) The owner provide the City with all easements as required by the Department of
Public Works to install and maintain sewer and water utilities and implement storm water drainage plans. 3) Street names to be approved prior to Final Plat submittal. 4) Alternative
designs for the Kope Avenue and Park Drive intersection be submitted for review at the time of final platting. The intersection designs are to include a radius and âTâ style intersection
and are to be designed to meet Department of Public Works standards. 5) The section of land outside of the plat identified as being dedicated by separate instrument located between Park
Drive and Kope Avenue must be dedicated to the public and constructed as a public street in conjunction with the development of the Final Plat. 6) Temporary cul-de-sacs to be constructed
at the ends of Parklawn Drive, Parkwood Drive, and Park Drive with appropriate easements to be provided as required by the Department of Public Works. 7) The Preliminary Plat will serve
as the final development plan for the area with no further conditional use permit/planned development reviews required unless the Final Plat is not substantially consistent with the
approved development plan. 8) Covenants be placed on the plat indicating the portion of the plat that is located in the PD area and that no substantive changes may be made without submission
of a revised final plan requiring approval by the Plan Commission and Common Council. and approval of a conditional use permit for a planned residential development is consistent with
standards set forth in Sections 30-11 and 30-33 of the Zoning Ordinance and be approved with the condition that as long as the final plat for Parkview Heights is generally consistent
with the approved preliminary plat, no further conditional use permit/planned development review is required. Seconded by Borsuk. Approved 7-0. Mr. Ruppenthal excused himself at this
time.
Plan Commission Minutes Page 4 July 15, 2003 II. DISCUSSION ON PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS Mr. Burich stated staff is requesting input on proposed amendments to the
Subdivision Regulations that pertain to the provision of public sites and open spaces for park related purposes through land dedication or through fees in lieu of dedication. The need
to provide for more parkland and open space to support community residential growth has been topics of discussion as the City undergoes its Comprehensive Planning update process. Also,
the recently adopted "Comprehensive Outdoor Recreation Plan" identifies the goal of establishing new neighborhood parks in developing residential districts. Mr. Kinney noted that it
has probably been since the early 70's that the Subdivision Regulations were amended. It is proposed to increase the $100 per lot and $100 per unit fees to $200 per lot and $200 per
unit for single family and $165 per lot and $165 per unit for two family and multi-family. Discussion ensued on how the formulas were arrived at. Mr. Burich explained the formula used
to arrive at the proposed fees. Discussion ensued relative to the issue of the payment of fees or the dedication of land. Mr. Kinney noted that through the Park Plan and Comprehensive
Plan updates, the City should be more proactive in looking at where it would like parks and when an area is being developed, staff would meet with the developer to discuss several issues,
including any potential parkland area that would be consistent with those approved plans. A concern was raised relative to wording consistencies within the sections. Staff noted they
were trying to avoid a major reorganization of the regulations at this time because of existing wording within other parts of the regulations, but would look at the proposed changes
to see what is reasonable. It was the overall consensus that the proposed fee increases were long over due and should be looked at on a more frequent basis. Staff noted it would be the
intent to bring these proposed amendments to the Plan Commission at its August 5 meeting and go to Council on August 26. OTHER BUSINESS Mr. Kinney noted that the Mayor has asked the
Plan Commission to consider a special meeting on July 22, 2003 for a conditional use permit for Evergreen Retirement for expansion of their facility on Westfield Street. Motion by Borsuk,
seconded by Propp to approve a special Plan Commission meeting for July 22, 2003 to consider a conditional use permit request from Evergreen Retirement. Motion carried by voice vote.
There being no further business, the meeting adjourned at approximately 5:25 pm. Respectfully submitted, DARRYN L. BURICH Principal Planner