(Published Wednesday, January 31, 2007 11:35:28 AM CST)
A d v e r t i s e m e n t
By Ann Marie Ames Gazette staff
DELAVAN TOWNSHIP-The chilly wait in the unheated Community Park Building, complete with the smell of a burned-out audio system, was worth it for opponents of Sho-Deen Construction's conceptual development plan.
About 50 residents cheered Tuesday night when Town of Delavan Plan Commission member Larry Malsch cast the "no" vote that tipped the commission against recommending the town proceed with negotiations over the huge residential development on the Delavan Lake inlet.
Sho-Deen's concept for the Jackson Creek development includes 4,770 multi- and single-family units on 2,000 acres bordered roughly by Highway 50, Mound Road, Interstate 43, Theater Road and Town Hall Road, entirely in the town of Delavan.
The number of proposed units is down from Sho-Deen's original proposal of 6,000 units, and before the final vote, plan commission members approved 11 amendments to the proposal that would further lower the number of units, as well as require Sho-Deen to complete wastewater run-off and traffic studies.
Although the amendments passed, the final vote on the development plan was 4-2 against.
Commission members Don Hummel, Frank Jones, Malsch and Bob Nieuwenhuis voted against the plan.
Commission Chairman John Pelletier and member Brad Cook recommended the town pursue the development.
Jones said the unusually high number of residents attending planning meetings over the last 18 months-most of whom spoke against the development-convinced him to vote against the plan.
"It has been quite obvious to me that the overwhelming attitude is to not accept the Sho-Deen conceptual plan as a legitimate development in the town of Delavan," Jones said.
Lauren Pohn, who has been outspoken against the plan, was pleased with the vote and ready to keep working.
"I was just very happy," Pohn said. "But it's not over. The cities of Delavan and Elkhorn have to start paying attention. It's time to keep our farmland and stop developing all of it."
The commission's vote is advisory to the town board, which likely will decide at a Wednesday, Feb. 7, workshop whether to put the item on its next agenda, Pelletier said. Regardless of the board's decision, the concept eventually will go before the Walworth County Zoning Agency.
As it stands, the plan may require zoning that does not exist in the county. The Walworth County Board will make the final decision on the plan.
Plan amendments The Town of Delavan Planning Commission voted Tuesday against Sho-Deen's development concept, but the town board and the Walworth County Zoning Agency still have to consider the plan.
Plan commission Chairman John Pelletier believes the two governmental bodies can make use of 11 amendments he drafted into Sho-Deen's plan.
They include:
-- Eliminating 302 multi-family units in an area along the northern edge of the inlet from 302 and substituting 50 single-family units.
-- Requiring approval from the Southeastern Wisconsin Regional Plan Commission and Wisconsin Department of Natural Resources before development of two areas noted as being in a potentially sensitive environmental corridor.
-- Reducing the density of multi-family units in four areas from just over 10 per acre to six per acre.
-- Reserving 40 percent of developable land as green space.
-- Limiting the rate of construction to one-thirtieth of the total number of lots per year and no more than 150 lots per year.
-- Allowing homes approved but not yet built to be constructed in future years at a rate of 150 plus an additional 25 percent per year.
-- Making discussions between the developer and town committees non-binding unless approved by the town board.
-- Making the developer responsible for requesting changes to county zoning ordinances.
-- Requiring all housing units be connected to municipal sewer systems and to water systems that access deep aquifers rather than shallow ones.
-- Requiring the developer to conduct a water run-off study and comply with town and county run-off ordinances.
-- Requiring the developer to conduct a detailed traffic study to determine the development's impact on area roads and highways.
Storyline What happened: After 18 months of debate, the town of Delavan Plan Commission on Tuesday voted 4-2 against the proposed Sho-Deen development, recommending the town not proceed with the plan.
What's next: Wednesday, Feb. 7, the town board will discuss the plan and decide when to put it on an agenda. The board eventually will recommend to Walworth County whether it feels the plan is right for the town.
Because the entire proposal doesn't meet current zoning standards in Walworth County, Sho-Deen will apply for rezoning from the Walworth County Zoning Agency. Sho-Deen may do so whether or not the Delavan Town Board recommends the plan.
The agency's recommendation will be advisory to the Walworth County Board, which will give the final thumbs up or thumbs down.
Candidate forum
The town of Delavan will host a candidate forum as five vie for two seats on the town board.
The debate will be at 7 p.m. Wednesday, Feb. 7, at Community Park, 1220 S. Shore Drive.
Incumbents Larry Malsch and Dolores Nowak will debate with Kay Franzen, Dick Hummel and James A. Wolfgram. Town of Geneva Municipal Judge Scott Letteney will moderate.
A Feb. 20 primary election will narrow the field to four, who will be on the ballot in April.
