Town Hall, Wednesday June 18, 2003 for approval at the

July 16, 2003 Plan Commission Meeting




Chairperson Bellmer called the Planning Commission meeting of June 18, 2003 to order at 5:01PM.


PRESENT:    Chairperson Alvin Bellmer, Planning Commissioners Charles Lewis, Michael Van Dyke, Dennis Jochman, Harold Pelton, Kris Koeppe, and Richard Ratchman. Community Development Director George Dearborn and Associate Planner Diana Kanter.


ALSO PRESENT:       Greg Parker

                                    Phil Langohr




Motion by Commissioner Harold Pelton to approve the minutes of April 14, 2003 as submitted.  Seconded by Commissioner Van Dyke.  Motion carries unanimously.




1.      Rezoning – R-3 (Two-Family Residential) to B-3 (General Business) – Bay Lakes Council-Boy Scouts of America Midway Rd


Commissioner Jochman asked Chairman Bellmer to be excused from voting.


Community Development Director George Dearborn explained the background of the Bay Lakes Council property.  The proposed rezoning would clean up the zoning map; however, the Future Land Use map must be amended to a Commercial Land Use designation before the rezoning can be approved.


Mr Dearborn stated conditional approval can not be granted, but the rezoning can be approved with a note in minutes that it is anticipated that the land use will be changed to Commercial on the Future Land Use Map.


A discussion ensued about other potential uses that could take place in the B-3 Zoning.  Mr. Dearborn stated whatever use is proposed it would have to go through the Site Plan Review Process, and the Town would be able to regulate it. 


Motion by Commissioner Lewis to approve the rezoning subject to an amendment to the Future Land Use Map by the Town Board.  Seconded by Commissioner Pelton.  Motions carries with 6 ayes, 1 abstained.





2.      Certified Survey Map (CSM) – J.R. Development II LLP – American Drive at Birch Haven Ct


Community Development Director Dearborn explained the background of the CSM.  He stated that the CSM will correct the intersection at Smoke Tree Drive and American Drive that occurred when the Meadow Heights Subdivision preliminary plat was approved.  He then explained the site context.  The applicant is dedicating land for access.  A section of American Drive will be removed.  Smoke Tree Drive will now connect at an intersection.


Further discussion commenced about the construction of American Drive.  Mr. Dearborn stated that a section of pavement will be removed and planted with grass.


Motion by Commission Van Dyke to approve the CSM.  Seconded by Commissioner Jochman.  Motion carries unanimously. 


3.      Certified Survey Map (CSM) – Omnni Associates – 1639 Gershwin Lane and 1617 Gershwin Lane


Community Development Director George Dearborn introduced the item.  The CSM is to correct a non-conforming property line.  The house on Lot #1 was built to the property line, which made the house adjacent to a stormsewer easement.  The property line will be, stormsewer will be relocated to an easement on the adjacent property, the home will be conforming; thus, resolving the problem.  Staff recommends approval.


Discussion ensued asking who is responsible for relocating the stormsewer.  Mr. Dearborn stated the applicant will pay for the relocation of the stormsewer, and further states that the Town has no liability.  The Town does not require a survey for the location of the house.  The builder is responsible for locating the house within the property lines.


Motion by Commissioner Pelton to approve the CSM with condition that the stormsewer shall be relocated subject to Town review and inspection of the new installation, seconded by Commissioner Van Dyke.  Motion carries unanimously.






  1. Report on Comprehensive Plan


Community Development Director stated the Town Board will have a Public Hearing at the June 23rd, 2003 meeting.  There will also on June 23rd, 2003 be a 1st Reading of the Ordinance assuming the Town Board approves the modification and changes.  This will be followed by a Second Reading and adoption of the Ordinance on July 14th, 2003.  Followed by Ongoing Implementation which includes ordinances that need to be modified and adopted to be in compliance with the Comprehensive Plan.   Discussion of the Winnebago County Comprehensive Plan ensued.  The legislation states the comprehensive plan should reflect the zoning ordinance.  Mr. Dearborn stated that one phase had ended and another began.  He also stated he appreciates the involvement of the Plan Commission.


Mr. Dearborn reviewed the Powerpoint presentation that contained changes to the Comprehensive Plan Map and will be presented to the Town Board.  The changes are on Midway Road, Highland Park area, near Club West, by Irish Road, near CB and Jacobsen Road, and by Town Hall.  There will be debate on the changes on Town Hall.  Also to be discussed at Town Board are the text amendments.


Chairman Bellman asked if there would be any other questions or comments.


Mr. Dearborn stated the CSMs at the last meeting were approved for Pheifer and Hoffman Street.  Signatures have been obtained.  The rezoning for Meadow Heights was approved by County.  The CSM for Palisades and Windmere Drive was approved and signatures were obtained.


Chairman Bellman asked if any proposals had been brought forth for Gateway.  Mr. Dearborn stated there had not.




Motion by Commissioner Lewis to adjourn the meeting at 5:30 PM.  Seconded by Commissioner Pelton.  Motion carries unanimously.



Respectfully submitted,



Diana Kanter

Recording Secretary