Date:      8/15/02

To:          Town Planning Commission Members

From:     Community Development Department Staff

RE:          Agenda Item 5: Conditional Use Permit – Martenson & Eisele (Jacobsen Rd.)

The applicant is requesting a Conditional Use Permit for a single-family condominium project within an R-5 zoned district. There are 45 single-family detached condo’s proposed, averaging 1,800 - 2,000 sq. ft. each. The proposal is an allowed use on the basis that a CUP is applied for, approved, and is compatible with the surrounding land uses. Property owners within 300 ft. have been notified of the CUP request.

There is a navigable stream and wetlands located to the east of the development. This limits the amount of buildable area but the R-5 zoning does allow for cluster development (e.g. zero lot line setback), which maximizes the amount of buildable area while preserving more open space (e.g. wetlands). The units are properly placed 75 ft. away from the navigable stream. The R-5 district requires 20 percent open space and this proposal easily meets this criteria. There are two retention ponds proposed for storm water drainage. The applicant may need permits for these from the DNR.

The property is 16.9 acres and the project then calls for 2.7 units an acre. This is compatible with other nearby single-family developments. As a side note, other recent single-family subdivisions, such as the popular High Plain Meadows, have densities of about 4 units an acre (excluding roads, right-of-way). [2.9 units an acre including roads/row]. Even if the wetland area is taken out of the density calculation, the density of the proposal would still be approximately 3.9 units an acre. Furthermore, these single-family detached units will be upscale since they are estimated to be in the upper $170,000 and above range. The details of the design (e.g. façade) still need to be submitted for review. There will be a 15 ft. separation between the detached units, which meets the R-5 zoning requirement.

The property to the west is zoned P-1(Institutional & Recreational Park) and will be the future location of a church. The church will have its own separate entrance off of Jacobsen Road and there are no connections proposed between that property and the current condominium proposal property. The property to the east is zoned A-2 (General Farming) but due to the natural conditions (e.g. wetlands) and lack of accessibility (e.g. none off of Jacobsen Rd. or County Rd CB), that property does not have any real development possibility at this time.

Access to the project will be provided by an existing mapped 60 ft. right-of way. The Town though will not accept this small portion and its maintenance will be a requirement of the private condominium association. Jacobsen Rd. is narrow at this point and it would need to be widened with turning lanes. There will be private roads internally for the condominium project. The private roads will have a 32 ft. right-of-way with 28 ft. of actual pavement. These private roads will be constructed to public Town road specifications.

There are two cul-de-sac’s proposed. Staff would prefer that they would loop around and connect, which would allow for better emergency access. Staff did discuss this issue with the applicant and recommended that the units be sprinklered as a compromise to allowing the two cul-de-sacs. These sprinklers would then be required since the length of the cul-de-sac would violate Town (minimum 1000 ft.) and County minimum distance requirements.

Staff Recommendation

This is a unique and desirable use of a parcel that has site restrictions.  The creation of a single family condominium project will encourage retires and others that do not want to worry about home maintenance of the property. Staff commends the developer for proposing such a development.  Staff envisions that we will see other such developments in the future as the demographics of the region change.

Staff recommends approval of the CUP, with the following conditions:

1.       A drainage plan, with calculations, is submitted to the Town Engineer for approval.

2.       All of the detached single-family condominiums are sprinklered.

3.       Details of the design and façade of the units are provided to Town staff for review and approval.

4.       A detailed site plan is submitted to Town staff for review and approval.

5.       Jacobsen Road shall be widened to include deceleration lanes for the road accessing this development to facilitate the increased traffic that this development will generate.

6.       The private roads and cul-de-sac’s shall meet Town specifications.

7.       Winnebago County will require a condominium plat, which will be reviewed by the Town as well.

8.       The project complies will all other federal, state, and local regulations.