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October 26, 2009 Public Hearing - Zoning request of Krahn, Prince of Peace & PUD for Berger
TOWN OF NEW DENMARK
PUBLIC HEARING of OCTOBER 26, 2009
REZONING REQUEST of David Krahn (ND-650):
A public hearing was called to order on Monday, October 26, 2009 at 6:30 p.m. by Chairman Krueger to take public comment regarding the rezoning request of David Krahn to rezone 2 acres from AG to AG-R for the construction of a single family home for his son. Gary Moore of 5526 N. Town Hall Road inquires if W2s were provided to substantiate the applicant works on the family farm and the amount of income generated from the farm? Chairman Krueger states it was not requested. No further comments. Meeting closed at 6:35 p.m.
REZONING REQUEST of Prince of Peace Parish (ND-97-2):
Mike Soletski provides clarification as to the established permanent easement and a copy of the map with red highlighting which depicts easement location for cemetery access. It follows the existing entrance off of Stagecoach Road. No issue regarding maintenance and the easement is 15ft on each side. Home has appropriate frontage. Cemetery and house still one parcel. Gary Moore of 5526 N. Town Hall Road questions if this is the first time the Board has seen the easement map? Yes, it was not afforded to the Plan Commission at the last meeting. Questions if the easement addresses funeral parking and how many stalls are included in the easement? Ken Miller and Mike believe 30 parking stalls would be afforded. Questions if easement was approved by Cemetery Committee? – Yes, minutes from that meeting were furnished to the Plan Commission. Kathy Janssen of 6333 Rosecrans Road questions whether it was legal for Cemetery Committee members to speak with Town about concerns and it was legal because they are residents of the Town. Bernie Lotto of 3190 Shadow Lane is a Trustee of Prince of Peace Parish and provides a brief history of the process. Upon the merge of the two church sites, Prince of Peace took an active roll in selling the property and believed it is most appropriate for a business due to the current financial market. More assets available to businesses to purchase property then existing churches. It would also be a benefit to the Town as an increase in the tax roll. Twin Oaks and Bel Gioioso Cheese is located 1 mile from this site. In addition the church has two separate cemeteries that have access by easement and they have had no problems with these arrangements. Francis Rabas inquires why the map was not available at last meeting. Ken Miller states it was his omission and he failed to bring it along. Gary Moore inquires if Cemetery Committee asked for conditional use limitations to limit the type of business uses that would be allowed to operate in the building? Ken Miller states no. Bernie Lotto states the Green Bay Diocese does limit what the building could be sold for on the first sale. Gary Moore states he understands that, but when resold, those limitations are gone and he wants to know if anyone contacted the Cemetery Committee about future business limitations? That concern was addressed with the committee, but nothing was formally drafted. The use could be changed multiple times over the years and concern over what type of business would be located next to a cemetery in future years as some business uses may not be appropriate. Mike Soletski inquires what type of business are they concerned about? Francis Rabas states the request was for business offices. Ken Miller states they don’t want to limit the use to professional offices, but rezone to all the uses afforded under B-1, such as retail, etc. Commercial customers are much more plentiful then churches. There are 34-39 uses under B-1. Kathy Calewarts of 5651 Park Road states she is a member of the Cemetery Committee and the committee’s first choice was to have a driveway off of Cty Hwy R which would afford additional parking. The Committee could not afford the price to purchase that access from Prince of Peace. Ken Miller states the dollar amount proposed was calculated from what a potential buyer at the time proposed to drop the price of the property without access from Cty Hwy R and that was $100,000. Kathy Calewarts states the committee ultimately agreed to the easement off of Stagecoach because they do not have that type of money available to them. Ken Miller believes any potential business coming in would want access from County Hwy R. To that potential buyer, $100,000 was the number they proposed to reduce if access from R was not included in the property and Prince of Peace felt it was necessary that that dollar amount be recouped by someone and it would fall upon the Cemetery Committee if they wanted the Cty Hwy R access. Gary Moore of 5526 Town Hall Road states access to the business from County Hwy R could have been moved anywhere on that frontage. A second entrance could be constructed on R and it was approved by Brown County. Sup. Goetsch believes losing access from Hwy R would diminish this property value for a business. Cemetery has 200 feet of frontage on Stagecoach and 200 ft of frontage would then not be required on R. Norbert Hansen of 5380 Town Hall Road states from the onset the concern for the Plan Commission was a driveway from Cty Hwy R and they felt that was the most appropriate to access for the cemetery. He believes the cost would be minimal to reconstruct a second driveway to access the property from Cty Highway R Sup. Goetsch inquires if the Cemetery Committee is part of the parish? It is a committee. Gary Moore inquires if Mr. Miller has provided confirmation to the Board or Plan Commission that he is a legal representative authorized to act on behalf of Prince of Peace? Mr. Miller does not have proof of that representation. Bernie Lotto states as a Trustee for the parish he would vouch for him. Sup. Rabas requests proof of legal representation be provided to the Town Board at the next meeting. No further comments or concerns. Meeting closed at 7:00 p.m.
REQUEST TO ADOPT ORDINANCE for a PUD for Wade Berger for (ND-176-2):
Gary Moore of 5526 N. Town Hal Road questions if this proposed development falls in the area designated under the Comprehensive Plan for development? Sup. Goetsch states yes, as a change to the ordinance it would. Gary inquires if it currently meets those standards in the Smart Growth Plan? No, the Comprehensive Plan does not define this area for development. Wade Berger states the ordinance for a Planned Unit Development meets the Town Board’s concern that a subdivision would be developed and prevents this from happening and it is consistent with that has been granted by the Town in the last ten years. No questions from the Plan Commission and with a PUD he has attempted to address all the concerns raised by the Town. The Land use would be for a hobby farm, it would add revenue to the tax base, no impositions or burdens placed on the Town for improvements. Chairman Krueger inquires if there are any further questions? None. Chairman Krueger reads letter from Mike Calewarts who is unavailable to attend meeting but as an alternative to the Plan Commission he is opposed to the adoption of an ordinance to create a PUD. Chairman Krueger reads letter from Kathy Calewarts who states there is no need to adopt a new PUD ordinance and opposes the request. No further comments. Meeting closed at 7:10 p.m.
Prepared by:
Michelle Wallerius, Clerk
Archive:
August 31, 2010 Special Town Board Meeting Minutes
August 17, 2010 Plan Commission Meeting Minutes
July 20, 2010 Plan Commission Meeting Minutes
July 12, 2010 Regular Monthly Meeting for July
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes