Town of Delavan committee lists Sho-Deen conditions

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Wednesday, September 8, 2010
— After months of discussion culminating in a two-hour, word-by-word debate, the Shores of Delavan Lake project took a step forward.

The town of Delavan Plan Commission on Tuesday approved a list of conditions to be recommended to the town board. The board could take up the list at its regular meeting on Tuesday, Sept. 21.

Sho-Deen Homes of Geneva, Ill., is proposing a 623-home subdivision that, if it were constructed, would be the largest in Delavan Township. Once the town board takes action on the conditional-use permit application, the matter will go to Walworth County for final approval. The town board’s decision is advisory to the county.

From there, the project would move into the platting stage. The two sides also would create a developers agreement.

Here’s what the plan commission came up with Tuesday:

-- The development is to comply with all town ordinances and urban development standards. The town could have to create some ordinances. One could be an ordinance requiring subdivisions of a certain size to be served with municipal water.

It is not yet clear whether the subdivision would be served with well water or municipal water. The city of Delavan tabled a discussion about providing municipal water.

-- The homes must be connected to a sanitary sewer system.

-- Sho-Deen must build a storm water retention system to slow surface water that currently moves across the property and floods basements in the nearby Inlet Oaks subdivision.

-- The developer must provide for private park space for subdivision residents. A large portion of the open space in the subdivision would be retained for public access.

-- Sho-Deen must submit final plats in phases of 50 to 100 homes within three years of approval of the preliminary plat.

This was a point that was debated for two plan commission meetings.

The town wants the development to be constructed in manageable phases, while the developer doesn’t want to be locked into a restrictive plan.

The decision to phase the development at the final plat stage allows flexibility for both parties, town attorney Dave Rasmussen said.

It gives the town some leverage to demand Sho-Deen fix something that went wrong with a previous phase and it prevents Sho-Deen from having to promise huge amounts of money upfront for contingencies, Rasmussen said.

Also, it helps put the town and residents at ease over the pace of the huge development, plan commission member John Pelletier said.

“It’s the fear of the unknown that prompts a lot of this conversation,” he said.

-- The developer will install storm sewers, curbs and gutters. The town might have to develop a curb ordinance.

-- Sho-Deen will conduct a traffic-impact study for town approval before approval of the preliminary plat.

-- Sho-Deen will conduct a groundwater study for town approval before approval of the final plat.

-- The total number of houses will be 623 or fewer.

-- Sho-Deen will install streetlights at Mound Road and County F in addition to other lights required by town ordinance.

-- The project will get Wisconsin Department of Natural Resources review and approval prior to preliminary plat approval.

The city of Delavan has some review authority over the project. Approval of the project would require a change to the city’s Smart Growth plan.

Last updated: 3:02 pm Thursday, December 13, 2012

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