PLAN COMMISSION

August 5, 2004

Members present: Breault, Yoerg, Gilbert, Caruso and Bieraugel

Others present: Scot O’Malley, Ann and Matt Winkler, Charles Volin, Dave Robinson, Dave Holt, Patt Colten, Hugh Gwin, Tom Redd, Tom Ross, Sharon Slininger, Dennis Darnold and others.

The meeting was called to order by Chairman Breault at 7:00 p.m.

Moved by Breault, seconded by Bieraugel to approve the meeting minutes of July 22, 2004. Motion carried.

Chairman Breault announced that two items, Five Star car wash and the rezonings on Coulee Rd., scheduled for tonight’s meeting have been removed from the agenda and would not be discussed.

Public hearing and consideration of an application for a conditional use permit by Charles Volin / Hudson Motors for an outdoor vehicle sales lot (approximately 25 vehicles), 1000 O’Keefe Rd. (Hilltop Service Center) – Charles Volin. Volin explained that he proposes to have a vehicle sales lot at 1000 O’Keefe Rd. He proposes to move the existing fence on the south side of Webster St. south approximately 30 feet and that about 25 vehicles will be displayed in that area. Volin noted that he has been in the auto sales business for 20 years and is familiar with the state requirements for maintaining a vehicular sales license. Volin noted that he hopes to fill a niche in the local market by selling vehicles from $2,000 to $8,000 and that the cars will be inspected and certified with warranties depending on mileage of the vehicle. Maintenance is being provided by Hilltop Service by contract, Volin explained.

Dave Robinson, Hudson Chrysler noted that the local dealerships are providing quality vehicles for the price suggested by Volin, and the proposed new business would not be filling a market niche.

Dave Holt, Dave Holt Ford commented that vehicle sales are tightly regulated and that it appeared that Mr.Volin was skirting the law that the other auto dealerships had to fully comply with. Holt commented on the crowding of vehicles at the current facility owned by Mr. Bennett.

Moved by Gilbert, seconded by Yoerg to close the public hearing. Motion carried.

Volin noted that he proposes signage separate from the existing signage used by Hilltop Service Center. He also commented that the proposed dealership is not a shadow business as suggested and that he has not misrepresented the requirements of the inspection approval. Volin noted that the state inspector, Tom Rastall had recently completed an inspection of the property and had provided a verbal approval of the site.

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Yoerg asked about customer parking on the site. Volin stated that customer parking will be provided on the west side of the site.

Gilbert inquired about Volin providing their own building where vehicles can be lifted for inspection by the potential purchaser. Gilbert also questioned if they could use someone else’s facility (Hilltop Service) for customer inspections. Volin answered that Hilltop Service has multiple bays and that the state inspector has provided a verbal approval of the Hilltop Service office and maintenance areas.

Breault asked about the vehicles on the site and if the existing site will be cleaned up. Volin stated he has visited with Mr. Bennett about that issue and has received a pledge of cooperation. Yoerg asked about the number of businesses that already exist on the site.

No action was taken. Darnold asked for the state inspector’s telephone number so that he or Chairman Breault may call to review the state licensing procedure and confirm that the site has been approved by the state. The plan commission requested Volin to provide more detail involving how the vehicles, vehicular storage and building locations of all the businesses will occur. The plan commission also expressed concern about the existing on-site congestion of vehicles and general site conditions of the existing business and that Mr. Bennett should clean up the site.

Public hearing and consideration of a request to revise a conditional use permit for a pre-school by Joyful Noise Pre-school / Emmanuel Evangelical Lutheran Church, 712 Grandview Drive to expand to a Monday – Friday schedule with two sessions per day (9:00 – 11:30 a.m. and 12:30 – 3:00 p.m.) and increase each session by three students (from 12 to 15 per session) – Emmanuel Evangelical Lutheran Church.

Ann Winkler, Director, Joyful Noise Pre-school stated the pre-school has been in operation for four years; and it currently is open two days per week, and the facility is licensed for eight children in the morning and eight in the afternoon. She is requesting the city to approve three additional days to five days per week and increase the city approval of 12 children currently to 15 per session. No other comments were received. Moved by Breault, seconded by Gilbert to close the public hearing.

Moved by Yoerg seconded by Caruso to recommend approval of the amendment to the conditional use permit for a pre-school for Joyful Noise Pre-school / Emmanuel Evangelical Lutheran Church, 712 Grandview Drive to expand to a Monday through Friday schedule with two sessions per day (9:00 – 11:30 a.m. and 12:30 p.m. – 3:00 p.m.) and increase each session by three students (from 12 to 15 per session) – Emmanuel Evangelical Lutheran Church. Motion carried.

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Final plat, Sunset Valley, 17 one-family residential lots and four outlots, west of Townsvalley Rd., NE1/4, SW1/4 and SE1/4, SW1/4, Section 8, T28N, R19W, Town of Troy (extraterritorial subdivision review) – Art and Marilyn Feyereisen.

Darnold reviewed the general location being about one mile south of the southern city limits and east of CTH F. The proposed subdivision complies with the preliminary plat approved by the plan commission, and the plat is proposed in an area designated by the city as rural residential and not an area for the planned extension of sanitary sewer and water utilities. Moved by Yoerg, seconded by Caruso to approve and recommend approval to the Common Council of the final plat of Sunset Valley located in the town of Troy. Motion carried.

Concept review, minor subdivision creating three lots (one existing residence and two new development lots), west of Ninth St. and south of Vine St. – Patt Colten. Patt Colten stated that since the last meeting she has had the garbage service changed and cleaned up the area near the existing garages. Colten commented that in discussions with one of the parties that sent a letter to the plan commission that that person did not sign the letter or authorize it to be sent in their behalf. Colten noted that there will not be a driveway provided directly to Vine St., that erosion should not be an issue as she would not be removing any trees, that the “alleyway” is part of her property and that an area for a fire apparatus turn around can be provided. Colten explained that she proposes to remove the garages.

Breault asked if the plan commission members had an opportunity to review the site. The members confirmed that they reviewed the site.

Gilbert asked about the six cars on site. Colten noted two of the cars do not run and will be removed. Gilbert asked how many cars are associated with the five-plex, five to ten?

Colten commented that the design of the residences will be of a carriage style and would be in character with the neighborhood. Colten noted that the area southeast of the existing five-plex will be used for off-street parking for that structure.

Yoerg expressed concern about the number of residences that are using the “alleyway” for access, the potential number of vehicles using the private driveway and if accessibility for fire vehicles will be adequate. Yoerg commented that if one car per dwelling unit is using the driveway that is eight vehicles. Yoerg noted that the existing houses on the north and south side of the driveway are approximately 7 to 11 feet away. With the number of cars that currently use the driveway and two new houses being proposed, should a public street be required?

Colten explained that the driving surface of the “alleyway” is not entirely on her property, but extends onto the Pearl Frazier property to the south. Colten noted that some

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of the neighbors are parking or storing things on her property. Colten noted that she visited with Ms. Frazier, and she appeared to be cooperative in jointly providing a paved surface for accesses to the homes.

Breault suggested that Colten should provide more detail as to what she wants to accomplish. Bieraugel expressed concern that the house to the north is on or very near the property line and Caruso also expressed concern about the number of cars that use the driveway for access.

Yoerg questioned if the alleyway would meet public street standards. Darnold commented that if a public street is required the minimum standards would be a 50 foot wide right-of-way and a 28 foot wide street surface.

Gilbert stated he would like to see more detail regarding existing and proposed conditions and answer questions as to what property owners use or have access to the “alleyway.”

Breault asked if someone was representing the neighbors. Hugh Gwin noted that he has been retained to discuss the neighborhood concerns and that he was retained to represent 14 of the adjoining lot owners. Gwin drew a map showing the number of structures that use the driveway for access. Gwin noted that the residence at 609 Ninth Street has an 18 foot wide access easement to get to the driveway and that one of the existing garages is located on that easement. Gwin commented that he had lived in this area previously and was familiar with steep slopes of the area and felt the leaves and debris are a potential fire hazard, and the steep slopes may provide for hazardous conditions if the grading on the steep slopes occurs. He opined that a landscape plan should be provided to address those issues. It was suggested by Gwin that the plan commission should review the intent of the zoning and subdivision ordinances as to the access issue regarding public interest and safety. Gwin stated he had discussed the driveway issue with Fire Inpector Krupich and that although the 20 foot width and 13 to 14 foot height standard is not required, it is still the fire department’s recommendation.

Tom Redd, 800 Vine St. stated the development will be visible from Vine Street, and the “alleyway’ is heavily congested with existing traffic. He opined that the existing neighborhood should not be allowed to be heavily congested with development. Issues for him are safety and adequate space.

Tom Ross, 615 Ninth St. questioned what may happen with the existing large trees on or near the driveway area; and if a hydrant is placed west of the existing houses on Ninth St., who would be responsible for that expense.

An unidentified Vine St. resident expressed concern about the potential of an access to Vine St.

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Sharon Slininger expressed concern on the potential fire hazard of the wooded area and who is responsible for paying the cost of a sewer extension. Darnold commented that Slininger would not be responsible for cost of the sewer extension. Slininger commented that the city turned Paul Anderson down approximately 25 years ago due to fire accessibility.

Darnold stated he received a call from Pearl Frazier today, 8-5-04, expressing her opposition to the proposed subdivision.

Breault stated that the plan commission needs to find answers to the following issues:

Who owns what?

What is the fire department’s recommendation?

Satellite photo available?

Gilbert noted that some issues had been raised in the city engineer’s (Bonestroo) review letter.

Moved by Yoerg, seconded by Gilbert to postpone review of the issue to allow time for research to the identified issues. Motion carried.

Review of proposal by Jacob Holdings of Hudson, LLC to provide City of Hudson with payment toward development of pathway on the south side of Hanley Rd. instead of installation of a pathway on the north side of Hanley Rd. west of Carmichael Rd. – Plan Commission. Darnold commented that this idea was discussed at the last plan commission meeting and that Jacob Holdings of Hudson, LLC had proposed to provide the city with a cash payment in lieu of development of the pathway on the north side of the road as previously required. Due to the private utilities on the north side of the road it is very difficult to place the pathway where it typically would be placed within the street right-of-way. Jacob Holdings of Hudson proposes to pay to develop the pathway on the south side of the road from Carmichael Rd. to Foxglove Way at an estimated expense of $14,000. However, that area will be improved by the property owner. Darnold suggested that the city accept a cash payment in lieu of development to be used to extend the pathway further west on Hanley Rd. Yoerg questioned the difference in distance from Carmichael Rd. to Foxglove Way and the length of the property on the north side owned by Jacob Holdings. Darnold explained the distance is approximately 1,050 feet on the north side and 660 feet on the south side. Darnold noted that the per foot cost of pathway improvements on the south side was significantly higher ($21.21 per linear foot) because that proposal included repairing existing curb and gutter on the south side of Hanley Rd. Yoerg asked why the city could not apply the per foot cost for the 1,050 feet on the north side of the road . Darnold stated that is an inflated figure because it includes more than just the pathway installation and that the city engineer estimates the cost would be $15 per linear foot, or $15,750.

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Moved by Bieraugel, seconded Yoerg to accept the proposal by Jacob Holdings for $14,000 in lieu of developing a pathway on the north side of Hanley Rd. Motion carried.

Request for the transfer of the conditional use permit for the bed and breakfast (B&B) operation at 1109 Third St. (Jefferson Day House) from Tom Tyler and Sue Abraham to William D. and Danielle C. Burge and Rick A. and Brenda Cook.

Darnold explained that when the initial special use, now conditional use permit, was issued that a condition was placed on the approval that the permit was not transferable and that condition has not been removed although other (B&Bs) do not now have that condition placed on the approvals. Darnold recommended to approve the transfer of the conditional use permit and also recommended that the condition that the license is not transferable be removed. Moved by Bieraugel, seconded by Yoerg to recommend approval of the transfer of the conditional use permit for a bed and breakfast operation at 1109 Third St. with the original conditions to remain, except that the condition that the permit may not be transferred be removed as a condition of approval. Motion carried.

Review of rezoning in 700 block of First Street and Second Street – Plan Commission. Darnold stated that the 700 block, between First and Second Streets, is currently zoned central business district on the south one-half and light industrial on the north one-half and because of two existing residences, both in the industrial zoning district, the re-use of those properties becomes difficult because of the industrial zoning classification. Darnold noted that the city proposes that the entire block become developed as part of the central business district and zoned as such, but that on an interim basis the city may want to consider zoning the residences in the RT, Residential Transition District. This would allow the structures to be redeveloped or potentially converted to office / residence use upon review and approval of a conditional use permit. Upon discontinuance of the structure and proposed redevelopment of the parcel the parcel’s zoning would be changed to central business district. Darnold noted that the Nor-Lake facility is used exclusively for office use.

One issue for the residence located at 717 Second St. is that there is no direct access to Second St. and that access must be approved by the Wisconsin Department of Transportation.

The plan commission agreed with the proposal to review the change of zoning on the block to central business district and consider the zoning on an interim basis for the residences to RT, Transitional Two-family Residential. Darnold noted that he will contact the property owners of properties that are currently zoned I-1, Light Industrial District to inform them of the city’s intentions to rezone the properties to central business district or to the residential transition district zoning classifications.

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Review of zoning at 811 First St. and city park property abutting the St. Croix River north of Lakefront Park – Plan Commission. Darnold explained the history of the land exchange between Nor-Lake and the city with the city obtaining property abutting the St. Croix River and Nor-Lake getting the former railroad right-of-way. In 1993, prior to the request by Nor-Lake and consideration of the land exchange, the city rezoned the railroad right-of-way from industrial district to conservation district as an extension of the zoning for Lakefront Park. Darnold suggested the zoning of the property now owned by the city and abutting the river to be rezoned from I-2, General Industrial District to C-2, Conservation Recreation District. Also, that the former railroad right-of-way that is now privately owned and attached to the 811 First St. property to be rezoned from C-2, Conservation Recreation District to R-2, Two-family Residential District to be consistent with the rest of the parcel. Moved by Yoerg, seconded by Gilbert to recommend approval of the rezoning of the balance of the property at 811 First St. (former railroad right-of-way) from C-2, Conservation Recreation District to R-2, Two-family Residential District and for the city property abutting the river from I-2, General Industrial District to C-2, Conservation Recreation District. Motion carried. Caruso abstained from the vote.

Other business for discussion or placement on future agendas. No items were discussed.

Moved by Gilbert, seconded by Caruso to adjourn. Motion carried. 8:28 p.m.

Respectfully submitted,

Dennis D. Darnold, Secretary