I'd like to call the meeting of the city planning commission to order with the planner please call the roll. Mayor van der Steeen. Here. Alderperson Boren. Here. Jerry Jones. Here. Marilyn Montemire. Here. Dave Hoffman. Here. And Don Citan. Here. Six are present. Quorum is present. Next please stand and join me in the Pledge of Allegiance. The people in the room here will recite only. Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Next we'll begin introduction of the committee members and staff. Dave, would you like to start? Jerry Jones, vice chairman, citizen member. Lenny Weiris, building inspection. Mike van der Steeen, mayor and chair. Chad Pelliscik, director of planning and development. Steve Sokolowski from the planning department. Commission members on the phone. Auntie Mayors, citizen representative. Alderman Jim Boren of the 10th district and the Alderperson on the city plan commission. Thank you very much. Next is item to identify any potential conflict of interest with items on the agenda tonight. Are there any to report? Seeing none, we'll proceed with the minutes. I would accept the motion to approve the planning commission minutes from November 10th. We have a motion to approve Boren. We have a motion and a second on the floor. Is there any discussion on the minutes? Seeing none. All those in favor, please signify by saying aye. Chair votes aye. Opposed? Motion passes. Next is items for discussion and possible action. Item 3.1 is a discussion and potential action on public input procedures. Alderperson Boren. Thank you, Mr. Chairman. We have two hearings on the agenda for this meeting. I would move to open the floor for public comments with the following instructions. Public comment will be limited to three minutes per person as identified in the public notice. A speaker cannot yield their time to another speaker. Comments and suggestions need to pertain to the agenda item under consideration. Personal criticism of individuals is out of order. Thank you for that motion. Is there a second? We have a second. Is there any discussion on the motion? Seeing none, all those in favor of the motion please signify by saying aye. Chair votes aye. Opposed? Motion passes. In order to allow everyone to speak at the hearing safely given the COVID-19 environment we're in, we've allowed hearing participants to also participate on the virtual go-to meeting platform and permitted the submission of written testimony, drawings, and maps in addition to the normal in-person presentation that occurs in City Hall at a public hearing. This written testimony is attached to each agenda item in the City Board Docks program and a link to that information was forwarded to the members of the City Planning Commission prior to this meeting. We will first allow attendees who are in City Hall in person to speak at this hearing and due to the social distancing we could not accommodate everyone in the council chambers so we have people in various conference rooms of City Hall. When we begin the hearing, speakers in the council chambers will go first and then we will go from room to room to allow other individuals who have signed up to speak to do so. The speakers will stay in that conference room and make their presentation which will be shared with the commissioners via the go-to meeting platform that's operating in that conference room. I will identify the speaker who is up next and the speaker who is on deck so they can be ready when it's their time to speak. There are microphones in the ceiling and a camera on the wall of each of the conference rooms. After the in-person attendees have made their presentation I will call on the participants attending this meeting virtually who have signed up to speak per the information in the public notice. If you did not sign up and would like to be recognized to speak please enter your name in the chat and be sure that it's shared with all participants. Please keep your microphone on mute until you're called on to be on deck and at that time please unmute and prepare to be called to speak when the next speaker is finished. At the beginning of your presentation please give us your name, address, and the municipality of your residence. I thank everyone for their assistance. Please be aware that this is a public meeting and those on the link may be able to be seen or heard not only by those in the room but others on the go-to meeting link but also on Sheboygan's cable channel because this meeting is being broadcast live as the presiding officer of the meeting. I have the responsibility to maintain a level of decorum and to prevent inappropriate activity on the link during the meeting. Please keep your microphone muted when it's not your turn to speak. This includes after your time to speak has run and you have been informed of such. If you fail to mute I do not I do have the option of muting you or removing you from the call. I will not remove people simply for failure to mute unless they repeat clearly intentional offenders. However the noise in the link can be more disruptive than the noise in the room and it can prevent everyone from hearing and understanding the points being made. Repeated violations may result from your removal from the go-to meeting link. Inappropriate behavior on the go-to meeting link is not permitted. Any audio or video that includes sexually explicit material, racist material, hate speech, vulgarity, or inappropriate language and in any other clearly inappropriate behavior may result in your being your audio and video being muted and your removal from the link. This meeting is also being recorded and will be available on WSCS's website as soon after meeting as possible. Please understand that during a hearing the City Planning Commission does not engage in discussion or answer questions. This time is devoted to listening to your comments on the agenda item that's under consideration. It's our hope that everyone will be orderly and allow the voices to be heard so that the Planning Commission can make its determination pursuant to the best information and according to law. Thank you. Mr. Mayor if I may those of you that are on the Commission if you can please buzz in if you would like to speak because they're having voice issues in other conference rooms so if you want to speak you have to make sure your mic is on. Okay the first the next item is item 3.2 an application for a conditional use permit with exceptions by Elmendorf Properties LLC to operate progressive beginnings from the existing facility located at 1125 North 13th Street. Is there anyone wishing to be heard? Actually can you start with Steve? Pardon me? Can you start with Steve? Steve please go ahead. Thanks Mayor. John Elmendorf is here from Elmendorf Properties LLC and with progressive beginnings. Plan Commission might be aware that on December of 2020 Mr. Elmendorf had proposed to rezone the property the old Salvation Army Daycare property at 1125 North 13th Street from urban industrial to urban commercial and so the council recently approved that rezoning and now Mr. Elmendorf is back here proposing to operate progressive beginnings from the 1125 North 13th Street property. Basically they're taking out proposing to remodel and update the current floor plan for pediatric services such as outpatient, occupational, physical, and speech therapy clinic. Approval of the conditional use permit would allow progressive beginnings the opportunity to grow in Sheboygan. John and Nicole Elmendorf had started with two employees and the progressive beginning has grown to 10 so this proposal will allow progressive beginnings to again grow within the city of Sheboygan. So it's a business that started within the city and John is here today hoping to continue to grow within the city of Sheboygan at this site. Progressive beginnings is an energetic, dedicated and passionate team comprised of people who are ready to support people's therapeutic journeys. Their team is compromised of occupational and physical therapists. In Sheboygan they specialize in treating patients with chronic pain and pediatric patients. They offer the only warm water aqua aquatic therapy pool in Sheboygan County and they start with an approach of understanding the unique situation and goals of each individual and they work with you to achieve optimum well-being. The applicant has talked about potentially doing some site improvements, some parking and other improvements. At this point in time there isn't anything shown and we've kind of talked a little bit about that if they come in with such improvements they would come back to the plan commission. I believe that and we can ask Mr. Elmendorf but the idea is down the line they might look to do some additional parking. They are asking for an exception. Presently there are eight parking spaces at the site and that's what they're requesting and so it appears that the former Salvation Army Daycare Building which has been vacant is a nice site for progressive beginnings for that occupational and physical therapy clinic and it appears to be a good use that fits in well with this mixed-use neighborhood. So staff was recommending approval of the proposal subject to the conditions you have before you. The applicant's here. I'm not sure if there's anyone else here for this mayor. Thank you for that report Steve. Mr. Elmendorf would you like to make any presentation? Absolutely. As you can see from the drawing the building is already set up pretty much for the therapy that we want to do and one of the I guess ironic things about this building is it's the clinic that my wife had her first job in Sheboygan in when we moved here back in 1996. So when this clinic came up for sale we just kind of looked at it with all the other stressors and bad things that were going on in 2020. We've leased and rented. We actually bought some property from the city some 12 years ago and thought about building that time and it just wasn't the right time for us to do it and we really feel like with all the things that have happened this really will solidify us in Sheboygan County and in Sheboygan and allow us to grow to a company of over 20 therapists with the new hospital coming with the changes in health care that we've seen over this year and also the addition of the charter school right across the street on 13th Avenue there. It's going to be a perfect position for our therapy clinic and it's really going to help beautify that area and bring it back to what it should have been and what it will be. So that's where we're at. Thank you for that presentation. Commissioners, do you have any questions? I have one question, Mayor. Please go ahead. Dr. Elmendorf, I noticed when I was reading over the application that I was just wondering if you have any immediate plans for the east side of the building. You're referring to the open space up top. We're hoping to turn that into a it's an open plot I'm assuming is what you're referring to. Right now it has a playground system for special needs children probably under the age of 7. What we're actually looking to do and you can see the green space on the screen there. We're actually going to look to repurpose that into an older child playground system area as well. Maybe offering things that we can do for special needs children's outside such as a zip line such as a climbing wall trampoline. You guys may have all heard one of the big topics right now is what they're called children on the spectrum. So you have different autism type of spectrums that are out there. Sensory input, sensory integration is a huge, huge need by having this extra space that will allow us to do activities at the child can replicated home versus just being in the clinic. So yeah, to the east of the property we're going to build special needs areas for outdoor play equipment so that we can teach the children to use the wonderful parks that we have in Sheboygan outside of just hours. Thank you. Mayor, I would make a motion to approve subject to staff, staff recommendations. Thank you very much all the person born. Is there a second? Thank you, Mr. Hoffman. We have a motion on the floor. Is there any further discussion on the motion? Could someone please turn their microphone off and mute that? Roll call Mayor van der Steeen. Aye. Older person born. Aye. Jerry Jones. Marilyn Montemire. Aye. Dave Hoffman. Aye. And Don's feet done. All eyes. Motion passes. Good luck with your project. It sounds great. Appreciate your work in Sheboygan. Thank you so much. Yep. Item 3.2 is an application rather 3.3 is a preliminary plat approval for compliment estates in the town of Sheboygan and extra territorial zoning plat review. Steve? I believe Ross Warner is online from Warner Homes. As the plan commission is where the city of Sheboygan has extra territorial platting rates so any areas within three miles of the city limits has to receive approval from the city as well as far as the towns. In this particular instance, we're taking a look at compliment estates which is a six lot subdivision and it's located off of County Highway Y and Grote Road. Oftentimes we're taking a look at it from a city perspective. Are there any transportation improvements? Is there anything in the area that would it be of concern? And in this particular case there is none so staff was recommending approval of the per million plat as proposed. Thank you very much for that report. Steve? Commissioners, do you have any questions or motions? Jerry Jones? I move to approve subject to staff recommendations. And a second from Mr. Svitin. That motion is before us. Is there any further discussion on the motion for approval? Seeing none, the planner please call the roll. Mayor Van der Steen? Aye. Alderperson Born? Aye. Jerry Jones? Aye. Marilyn Montemire? Aye. Dave Hoffman? Aye. Don Svitin? Aye. All eyes. Motion passes. Next item is item 3.4, an application for a condition to use permit with exceptions by the Kohler Company to construct a new golf course on Kohler Company property that's located north of Kohler, Andrey State Park between Black River and Lake Michigan. For this one, we'll start out with a presentation by the applicant. If they'd like to step up to the podium. Dirk Willis, Kohler Company, 444 Highland Drive, Kohler, Wisconsin. Thank you, Mayor and thank you members of the Planning Commission. We're excited to be here today. Today is an opportunity for us to take that next step towards building the first world class world ranked golf course in the city of Sheboygan. And the timing could not be more ideal for us, the Kohler Company, the city of Sheboygan and the entire state of Wisconsin. It will help us maximize the benefits of the world's eyes being on all of us as the Ryder Cup approaches.  But now the time has come and we must take advantage of this opportunity. The tremendous media attention and promotion leading up to and during the Ryder Cup, the single biggest event in golf and one of the most exciting TV events in all sports serves as the perfect springboard to promote the partnership between the city of Sheboygan and the Kohler Company in bringing another globally renowned golf destination to the area. That's why we're here today to work with you on those next steps, the decisions that the city has already made in support of the project and we hope to move forward. Next slide please. So why does a world ranked golf course make sense in this property? You'll hear statements today about golf's decline and it's simply not true. Golf is a growing sport. Sorry, next slide. Just a second. Golf is a growing sport and we at Kohler Company and Kohler Golf are growing. We're already recognized as one of the top golf destinations in the United States and in the last four years we've seen record rounds and record profits each year. Specifically in our part of the market, the luxury destination market, we are beating our competition and this is the opportunity to take advantage of that, to take advantage of the increase in demand of our products with another golf course on level with the existing golf courses at Destination Kohler. This golf course is essential to our future growth. And golf participation in the U.S. is also growing. It's not just Kohler Company. This fact is supported by the graph on, sorry, go back one slide. Just a second. Let me get this one right in the middle. Hold tight. I lost it completely. It's a problem with two screens. The one with the graph, the next slide. There you go. So the graph on this slide shows the fact, shows data by the National Golf Foundation showing that golf has actually grown 10% participation since 2014. From 2014-18, we've seen that growth. And in 2018, over 33.5 million Americans participated in the sport, that numbers continuing to grow. In the last two years, the industry in the United States has seen 1.5% growth in rounds in 2019. And this year, despite early closures due to the pandemic, golf was still able to realize the growth of 7.5% in rounds year over year. That tells you that golf is growing. Next slide, please. Why does a world-class world ranked golf course make sense? This demand illustrates it. And it also has an opportunity to increase the unique draws to the area, while also delivering positive economic impacts to the area and to the city. As illustrated by golf's popularity during this unprecedented time, golf is uniquely aligned to take advantage of the growing trends in the travel and recreation industry in a post COVID marketplace. Travelers are searching and looking for an opportunity for sanctuary and remote experiences, something that golf can provide. They're also looking for natural and outdoor entertainment environments, something that golf naturally provides. And an increased focus on active and well staying healthy, choosing wellness experiences also aligns with golf's mission. Golf is part of that wellness story. And lastly, Kohler's commitment to creating memorable experiences that draw national and international attention can only serve to enhance the abundant tourism rate resources that the city already has. That is why a world-class world ranked golf course in the city of Sheboygan makes sense. Next slide, please. There are also other benefits to the city of Sheboygan. I can't reiterate enough, this will be the first world-class world-ranked golf course in the city of Sheboygan that permanently aligns the city of Sheboygan with the Destination Kohler Golf brand, a world-renowned brand. This unique setting of this property along Lake Michigan is also an ideal environment to build such a course. It provides an opportunity to open private land for the public's enjoyment, not just for golfers, but also with a public restaurant, bar, retail shop, and observation tower for non-golfers to enjoy on a daily basis. It's also likely the last Pete Dye design golf course ever to be built. The late Mr. Dye, who passed away earlier this year, and is a member of the World Golf Hall of Fame, is revered by the golfing public. Kohler Company along with the county already is fortunate to have four world-class designs, some of his best to attract a global golf audience. A new Pete Dye design will draw Dyehearts, a popular name for his countless fans worldwide, to experience this new destination. While Pete's no longer with us, we will rely on his trusted golf course construction and design protochets to bring his design to life. There's also economic benefits to the city and their substantial. In a third-party economics impact study done by SB Freedman, it estimated the city would benefit during construction by adding 68 full-time equivalent jobs with an additional 124 full-time equivalent jobs added once the golf course operation begins. Estimated revenues from the golf course operations would generate approximately $1.3 million in tax revenue annually with about $300,000 of that going to the city. By all accounts, we at the Kohler Company feel these estimates are on the conservative side. Since they are based on round numbers and revenue projections that are less than 45% of our current business levels at whistling straights, which is our initial internal benchmark for the operations of this golf course. Next slide. The city's 2011 comprehensive plan classifies this property as public parks in open space. The property abuts the state park to the south. As a purpose of parks and golf courses share some common goals, including providing and encouraging the enjoyment of the outdoors, there are many examples of golf courses coexisting within or adjacent to parks at the local, county and state level. And in particular, this property is no different as Riverdale has existed for decades, less than a half mile to the north. As illustrated on these previous slides, the golf course would help to serve further and further promote the city's economic tourism and reputational goals. In the last point, which is very important, this development ensures that 94% of this land remains permanently protected green space. Next slide. Hidden from site from its nearest neighbors, approximately 1,000 and 2,000 feet from County Road V and over 600 feet on the south from state park access, it is not visible to most of the surrounding areas. It's also important to note that under the existing zoning of SR5, this property could have been developed into a subdivision where there'd be up to five houses per acre. So a development that does not require a conditional use permit would create a significant disturbance to the area's neighboring properties with the construction of hundreds of homes. The golf course, as an alternative, is a much less impactful for the development of the property. Next slide. So we're here today to take the next step forward in this partnership to make the golf course, world-class golf course in the city of Sheboygan reality. And a lot has been accomplished so far, including the preanglesation and development agreement between the city and Kohler Company, which not only details the intent of the city and the Kohler Company to work together on the details of the golf course development, but also details the agreed upon extensions of utilities to facilitate future development by the city. The annexation agreement was approved by the city in 2007 and was unanimously upheld by the Supreme Court, Wisconsin Supreme Court in February of 2020, as well as the rezoning of the property at SR5 also in 2017. So today, your endorsement of the conditional use permit implements the decisions that have been made over the last three years, allowing the Kohler Company and the city of Sheboygan to move this dream forward and take advantage of the once-in-a- lifetime opportunity to celebrate making this dream a reality with the entire eyes of the golfing world on us as the rider of a couple approaches. Next slide. So over the last several years, we've worked diligently to ensure this world-class destination is designed and built in a responsible manner. The efforts resulted in Kohler Company obtaining all necessary permits, which we are currently defending in the courts. Our approved design accounted for changing conditions, including variable lake levels. So on this slide you'll see a picture of an example of those conditions along the lake shore of the property. This picture was taken yesterday and it shows that there's ample beach and substantial vegetation along the eastern border of the property. Exhibits 8 and 9 of the conditional use permit application contain more than a sufficient amount of information to accurately show that the natural resource protection areas including the city's lake shore overlay are available. Even maps submitted by others today will show you that which we think are overstated or overstate the lake shore overlay show only vegetative cover within the exaggerated areas of their overlay area. We understand and acknowledge the work ahead of us in resolving the lawsuits. We will continue to defend the permits we rightfully obtained. To assist our efforts, we are requesting the city a tolling of the conditional use permit timelines to assist in resolving these lawsuits and this is very important to us to move forward with protect with the project in a timely manner. Once the aforementioned lawsuits are resolved we need to begin construction immediately to ensure that both the city and the Kola company can take advantage of the growth and popularity of our golf destinations. The more swiftly we can move forward the greater benefit to us both. And lastly we understand that these resolve permits being in place will be a condition will all be conditions of the conditional use permit. Next slide. So in closing it's important it's an important day in making the first world-class world-ranked golf course in the city of Sheboygan reality and I have no doubt that once built it will help secure Sheboygan's place as the number one golf destination in the United States. The Kola company greatly appreciates the partnership the city has provided in this effort today and we greatly appreciate the time of the plan commission in reviewing this application. Thank you. Thank you very much for that presentation. Next I'll turn it over to Steve Sokolowski for a report on this application. Steve. All right thanks Mayor everyone's gonna have to bear with me here we got a little bit of information to share so as was mentioned the Kola company seeks to develop an 18-hole championship caliber public golf course a clubhouse support enemies amenities and approximately 250 acres of private land owned by Kola the project creates a unique opportunity to open private property for public enjoyment and recreational use enhance Sheboygan County's reputation as one of the world's premier golf destinations create jobs and benefit the local economy and at the same time preserve and enhance many of the properties environmental features and attributes for the long term the goal of the project is to develop a golf course that is rated in the top 50 golf courses in the world the property is located between the Black River and Lake Michigan north and east of the John Michael Kola and Terry Andre State Park in the city of Sheboygan Kola acquired a total of approximately 468 acres in the vicinity during the 1930s in 1965 Kola donated 221 acres to the state of Wisconsin for the creation of John Michael Kola State Park the remaining 250 acre parcel retained by Kola has remained in private ownership and is uniquely suited for the premier 18 whole golf course you see before you today several structures are part of the proposal the clubhouse and other amenities are centrally located cart pass will be constructed in conjunction with the golf holes to provide course access a caddy cart barn and to on course rest stations will also be constructed on the property as required by the golf course amenities a practice range is planned to be built in the south portion and upon this plan to be in the northern portion of the property the clubhouse is a multi-level clubhouse and it will be erected on the property that encompasses a minimalist design elements and concepts the first floor level will be approximately 8800 square foot these drawings are in exhibit 14 the multi-level clubhouse will be erected on the property that encompasses an minimalist design it will be approximately 8800 square feet and include the pro shop restaurant bar banquet room and locker rooms the banquet facility will be capable of hosting indoor outdoor special events and weddings the lower level basement will be approximately 7900 square feet and contain administrative offices receiving areas mechanical equipment and a kitchen bar and storage areas the proposed exterior building material materials for the clubhouse well walls consist of a decorative timber columns canvas materials and a cordwood wall on the portion of the east elevation color is also looking at doing an observation tower a lake Michigan observation tower will be located adjacent to the clubhouse and contain a viewing platform approximately 60 feet above the surrounding grade with an overall height of 80 feet to the top of the structure an open wood frame stair with multiple landings will provide access to the platform the viewing platform will be covered by a gable roof structure with seemed metal roofing there are also some maintenance buildings that will be constructed maintenance needs of the golf course will be served from two buildings located on the south side of the property and adjacent to the existing state park maintenance facility the primary maintenance building will be approximately 15,000 square feet and contain offices heated storage and heated repair facilities the secondary building is approximately 7,600 square feet and contains an equipment wash facility storage mixing and unheated equipment spaces approximately an 8 foot high buffering wood fence is proposed around the perimeter of the proposed maintenance building and pavement areas and the maintenance buildings would be screened with vegetate vegetation from the entrance road the proposed maintenance building include a mix of decorative concrete block metal wall panels and metal roof panels in addition there will be a caddy cart storage buildings and rest stations the caddy cart storage building is approximately 7,500 square feet it's proposed to be located on the west of the clubhouse the building is the staging location for caddies along the storage of guest services guest service golf carts the caddy cart storage building would be screened by bed vegetation from the guest and the caddy structure will consist of a metal wall panel and metal roof panels in addition to on course rest stations will be constructed to provide restroom facilities along with food and beverage services the hours of operation for the golf course the golfing season begins in the spring and extends through the fall depending on local weather conditions the daily hours for golf play vary with the seasons but typically begin at dawn and end at dusk the end season restaurant hours are daily from 6 a.m. to 10 p.m. with extended bar service as is common at the close of the Gulf season until New Year's holiday the restaurant bar is currently planned to be open Thursday through Saturday with hours of operation from 11 a.m. to 9 p.m. the restaurant bar along with the pro shop is currently planned to be closed during the off season from January to the start of the Gulf season the proposed golf course is anticipated to attract approximately 380 daily visitors for golf and now golf activities during peak times approximately 102 employees during peak times are anticipated including caddies golf course maintenance food and beverage retail golf operations and support staff the access to the property is being proposed through the existing state park entrance on beach park lane located along county highway v the primary guest and associate parking will be accommodated in a paved parking lot containing approximately 181 stalls located near the clubhouse with an additional 32 stalls dedicated for maintenance staff adjacent to the maintenance buildings traffic impact analysis you can take a look at this on exhibits five and six access to the property is being proposed through the existing state park entrance on beach park lane located along county highway v numerous alternative entrance routes the property were evaluated resulting in a proposed route that has the least impact on both the neighbors and the environment access through the residential neighborhoods to the north was investigated but was not recommended due to the traffic impacts to the area residents multiple routes originating off 12 street through the state park were also invested investigated but determined more environmentally impact full than the route being proposed a traffic study was completed and concludes that the study intersections are currently built to significantly exceed accepted institute of transportation engineers level of service standards while no traffic and improvements are required color is proposing to modify the state park entrance area by adding a roundabout east of the existing bridge spanning the black river to further improve circulation the roundabout design includes three dedicated lanes for entering the state park visitors while golf course traffic and existing state park visitors would utilize the roundabout excel engineering has completed an updated traffic analysis to reflect the proposed roundabout entrance at the color andry state park and golf course it should be noted that the original 2015 traffic study that was done indicated that movements at the intersection of county v and beach park lane were demonstrated in that original traffic improvement and to operate at a service level of b or better and those levels of service are ranked like a through d so b obviously is a high standard looking at the improvements proposed for with regards to the roundabout the level of service of the proposed roundabout was calculated assuming the peak hour for the state park occurs at the same time as the peak hours for the golf course this is a very conservative approach that will represent a worst-case scenario based upon that analysis the overall level of service for the roundabout during these peak hours is a level of service a all individual movements within the roundabout are also rated at a level of service of a in addition to the level of service analysis for the roundabout the queuing provided for the dnr station and the proposed configuration was compared with the compute queuing provided in the existing intersection the exit state intersection has two lanes that provides 516 feet of total vehicle queuing link the proposed intersection includes four lanes one lane is dedicated for the golf course traffic the three remaining lanes are dedicated to the state park entrance this combined queuing length of three lanes provided for the state park entrance is a 711 feet and this is a 38 percent increase over the existing conditions and there's the possibility that the dnr could look at a new automated sticker dispenser which would also significantly improve access to the park applicant states some information in terms of landscaping that's to be installed and to be preserved project will place a high value on the landscape integrity and aesthetics landscape variation and interspersion of native vegetation long views within the property and to the lake shore vista and natural appearing topography incorporating these landscape features will enhance the view visual and aesthetics features of the property the lake shore and its views will be integrated into the golf course design the project will create gaps in the forest canopy increased site distances through the property greater variations in the landscape open areas contrasted with forest areas will add to the scenic interest to the current landscape the distinctive undulating dune topography largely will be retained with regards to infrastructure based on preliminary discussions with utility providers gas electric communications it's anticipated that the service connections will be extended from the existing facilities along kind county trunk highway v right away coler will also install water lateral from south 12th street at stall road to the clubhouse caddy barn and to the northern pond upon completion of the water main extension of on south 12th street by the city of sheboyan the lateral will be connected to the municipal water system and this will avoid the need for a high-capacity well thereby mitigating a concern of people who are concerned that such a well could have negative environmental impacts and reduce the capacity of existing private wells in the area that do not yet have benefits of municipal water an existing well on the coler property will be utilized during the initial construction for irrigation until the water main improvements are completed the clubhouse the caddy barn will connect to the municipal sewer system currently located on timber lake drive to the north and of course rest stations will have a private septic system and or holding take to serve the sanitary sanitary sewer needs along the private well along with private wells for potable water in addition uh the applicant has submitted some information on the natural resource site evaluation of the zoning orn's coler has applied for a conditional use permit for an outdoor institutional use and more specifically for a privately owned golf course and for clear cutting in connection with the conditional use application coler has submitted a detailed site analysis to identify permanently protected green space areas in the proposed golf mark development this report constitutes the written evaluation from city staff related to the submitted detailed site analysis and coler's natural resource site availability of evaluation worksheet and detailed map have been accepted by city staff in addition there are wisconsin department of natural resources army corps of engineers and other jurisdictional's approvals as set forth in the natural resource protection regulations of the zoning ordinance uh the our our um protections and regulations are intended to supplement those of the city of sheboygan sheboygan county the state of wisconsin and the federal government of the united states recognizing that the wisconsin department of natural resources and the u.s. army corps of engineer have specialized expertise and jurisdiction over permitted related to various natural resources the city's application of its natural resource protection regulations shall be subject to and conditioned upon and automatically adjusted to conform to and any uh and any and all permits required from and issued by those state and federal authorities with jurisdiction over the property um the city of sheboygan's zoning ordinance ordinance identifies the purpose of the srv s the suburban residential zoning district as intended to permit development which has a moderate density suburban community character a single family housing development with a minimum of six thousand square foot lots and a maximum gross density of five dwelling units permit acre is permitted by right the proposed golf course is a land use allowed as a conditional use in the suburban residential zone and that's why the applicant has the ability to apply for this conditional use permit today there are a couple of exemptions that the applicant is looking for with regards to the zoning ordinance one is the observation tower height exceedance height exceedance is being requested in conjunction with the conditional use application to authorize the taller observation tower a curb adjacent to landscape areas exception the paved parking areas will not be visible from the public right-of-way an exception is being requested to avoid the use of curb adjacent to the landscape areas maintaining the existing real setting in the state park fight a fence height exceedance at the proposed maintenance facilities an eight foot high fence is proposed around the maintenance facility the fence will be wood and decorative in nature and there is exceedance for the proposed fencing is being requested for security safety and screening maintenance building setback exceedance and exceedance is being requested for required setbacks of the maintenance building from a residential zone property the property adjacent to the proposed maintenance building is the Kohler Andre State Park facility and is also zoned residentially the actual use for this area by Kohler Andre State Park is also a maintenance facility in activity making the proposed golf course maintenance facility ideally located next to the same exact identical use by the park the requested minimum setback is for a maintenance building is 25 feet in lieu of the 50 foot setback an exceedance for outdoor recreational area setback an exceedance is also being requested for the number seven T's located within 50 feet of the adjacent Kohler Andre State Park the zoning ordinance stipulates a 50 foot setback for actively used outdoor recreational areas from residentially zoned property similar to the previous setback exceedance the Kohler is requesting that because of the property next door is zoned residential but is the Kohler Andre State Park and it is used as well by the park for their maintenance facility an pavement setback and access points an exception an exception is being requested from the pavement setback requirement to allow two access points the point where the entrance road first enters Kohler County or Kohler Company property near the proposed maintenance building and the proposed access drive to the existing park maintenance facility to accommodate the initial golf course construction of conditional use permit is also being requested for removal of more than 50% of the woodlands on the property while Kohler may need to cut more than 50% of the existing woodlands on the property to develop its course when developed Kohler Golf Course will permanently preserve 94% of the property or approximately 238 acres as green space and will provide 220% of the landscaping points that are required by the city's order ordinance how does a golf course meet the goals and objectives of the city of comprehensive plan the city's uh the priority of the city's comprehensive plan includes sustainable economic growth and job creation as well as enhancing the quality of life within the city the plan's key initiative range from enhancing the lakefront and riverfront continuing to improve high quality public services to continue to advance its tradition of rich arts cultural facilities and events the plan calls for improving the improving the Sheboygan brand and improving residents' perception of their city the plan also encourages the enhancement of the lakefront and the riverfront properties to attract new development appeal to residents and to facilitate a healthy community the plan's guiding principles include building self-sustaining economy capitalizing on Lake Michigan and cultivating cultural assets the project proposed by Kohler advances many of these properties initiative priorities initiatives and guiding principles economic growth and job creation will occurred and indeed in the supreme court noted in the town of wilson uh that the annexation was a means for the city to achieve its goal of economic growth in addition a new high quality recreational amenity will be provided with this conditional use permit and for the first time one of the county's premier golf courses will actually be located within the borders of the city improving improving the city's brand with this late michigan vistas rolling topography and unique natural features the property offers an unparalleled setting for a spectacular forest and lakefront golf experience the layout of this golf course will incorporate existing trees and dunes as well as natural topography into the design to minimize site disturbance the proposed course together with the Kohler's other champion golf courses in the area will maintain and build the reputation of sheboygan county as one of the premier golf destinations in the world the future land use map included in the city's comprehensive plan and its comprehensive outdoor recreation plan classifies the property as public parks and open space the public parks and open space categories includes public golf courses making the property the ideal location for a golf course as it relates to the city in terms of this comprehensive planning the opportunity to open approximately 250 acres of private property for public enjoyment and recreational use adjacent to the existing state park provides a tremendous benefit and is similar to peninsula state park located in door county here private land will become accessible for the general public not just for golf but also to the practice facilities clubhouse restaurants and bar the city's comprehensive plan also classifies the property as public parks and open space the public parks and open space category includes golf courses making the property ideal location for the golf course and will enhance the city as an attractive tourism destination with a world-class golf course with a shabuigan moniker Alpkin talks about a number of the different benefits from an economic standpoint I'm just the economic impact study by SB Friedman development advisor estimates the new golf course will generate nearly 20 million dollars in annual economic output for the state of Wisconsin and create 227 full-time jobs within the state 124 in the city of shabuigan once operational so there are several benefits economic and I maybe leave that to the applicant to speak to in conclusion the city of shabuigan annexed the property on august 7th 2017 and in a unanimous decision of town of wilson versus the city of shabuigan the Wisconsin supreme court upheld that annexation the supreme court found in the town of wilson that the city had planned for years to develop and expand the coaler proposal to develop and expand and the coaler proposal provides the opportunity to do so the city's own the property suburban resident suburb and residential and the applicant is requesting a conditional use permit for an outdoor institutional land use and more specifically a privately owned public golf course clear-cutting and associated a similar ancillary land use is described in the application the proposed golf course fulfills priorities initiatives and guiding principles of the city's comprehensive plan imbalances growth and density allowed in the suburban residential zone coaler coaler has designed its course to maximize area benefits and to minimize minimize ancillary ancillary impacts during the due diligence and design phases of the project 16 course layouts and seven entrance routes alternatives were identified characterized and evaluated the proposed course layout and entrance routes were determined to be the least impactful to both the environment and to the neighbors investigations that were completed for the analysis included wetlands delineations stormwater management analysis rare species surveys botanical surveys traffic studies and archaeological surveys initial project planning for the pros golf course began in early 2014 the very the various processes involved with local state and federal approvals have included many opportunities for color color to gain public feedback and address many of the concerns that have been raised over 20 forums including public comment periods and public hearings and meetings have been held to date to solicit community feedback modifications to the plans have been made based on the feedback colors construction and operations of the cold golf course will be subject to complicated and comprehensive of regulatory framework all necessary permits and regulations as ministered by the appropriate regulatory agencies having jurisdiction and activities will be deemed conditions to any conditional permit issued by the city of shabuigan so lastly the opportunity to open the approximately 250 acres of private property for public enjoyment and recreational use adjacent to the existing state park provides a tremendous benefit similar to peninsula state park in door county park users and the general public will also have access to practice facilities clubhouse restaurant and bar the economic benefits of a new public course are measured in more than just recreation and business travel dollars benefits begin with millions of dollars of planning design and construction works once constructed a course creates jobs with the state and local income including sales and property taxes in addition a new public golf course and championship caliber golf course in particular has a multiplier effect infusing wages and benefits to circulate throughout the local economy increasing property values and accelerate public and private benefits again an economic impact by s.c. freeman estimates the courts will generate 20 million and uh 20 million dollars in annual economic output for the state of wisconsin and creation of 227 jobs within the state wisconsin is recognized as a golf mecca in its october 2017 edition golf magazine ranked wisconsin as the third ranked golf destination in the world behind scotland and ireland the proposed golf course will enhance the state of wisconsin shaboygan county and the city of shaboygan is one of the premier golf destinations in uh in the country so other than that there were a number of uh this the basically as part of the hearings process staff had encouraged those members of the public who may be concerned about uh peering at the public hearing to give based on corona to submit written comments all a number of letters both for and against the project have been submitted for the plan commission's review so those were on there and we'll hear testimony in a few minutes from uh the members of the public lastly the color company has submitted an application that appropriately addresses the requirements of the conditional use permit and provides justifications for the exceptions requested in addition the application addresses many of the city of shaboygan comprehensive plan goals objectives and vision to be a diverse and prosperous coastal community based on that staff recommends approval of the conditional use permit and exceptions subject to the following conditions and mayor would you like me to read those at this point in time as well so there are a number of conditions the first condition prior to issues of a building permit the applicant shall obtain all license permits as well as meet all required codes including but not limiting to building plumbing electrical HVAC fire water sewer storm drainage federal state of wisconsin an occupancy permit will be granted only at such time as the applicant has met those requirements the applicant has submitted a proposed landscape plan as exhibit 13 of its application that submittal has not been yet reviewed if the plan is approved by the manager of planning and zoning the applicant shall comply with the plan if the plan is not approved the applicant shall resubmit a plan that is acceptable to the manager of planning and zoning in any case the applicant shall comply with provisions of the landscape ordinance of the zoning ordinance the applicant's operation shall comply with section 15.206 sub paragraph 3 b 2 a which is actor outdoor public recreations that's the classification for golf course um there's certain buffer yards and things property lines that they have a required uh an exception for and so they will meet those requirements as part of that condition dumpsters shall be screened and enclosed and constructed of like materials and colors of the building served and shall be complete prior to the issuance of an occupancy permit the applicant shall properly submit to and receive approval from the director of public works for a storm water management plan in compliance with the city's storm water management ordinance outdoor storage of materials and products or equipment shall be prohibited or completely screened from public view by fencing and landscaping any fencing and retaining walls shall meet the sections of the zoning ordinance except for those granted the exception applicant will work with uh staff with regards to uh a well-designed fence maximum height of the fence is eight feet high fence shall be located on the color property and its app can responsibility to know where those lot lines are all ground level and rooftop mechanical shall be screened or enclosed and constructed of like materials and colors of the nearest building all lighting shall be installed per the lighting section of the zoning ordinance the uses shall meet the performance standards of the zoning ordinance that include but aren't limited to noise lighting vibrate vibration except for the acceptance granted all areas used for parking and maneuvering of licensed vehicles shall be paved golf course operation maintenance vehicles may traverse on gravel or grass throughout the course all parking areas that are not required to be paved shall be landscape with grand grass or appropriate landscaping consistent with the landscape plans an old portion of the buildings or site improvement shall cross exterior property lines except those granted as an exception applicants shall meet the active outdoor public recreation criteria which states all structures and active recreation shall be located at a minimum of 50 feet from residentially zoned property except those granted the exception applicants shall obtain the necessary sign permits prior to installation and will work with staff with appropriate signage applicants shall install individual letters no cabinet or flat panel signs applicants shall be permitted freestanding monument signed for the site and they'll work with the staff with regards to the sign ordinance and the signage applicants shall immediately clean any and all sediments materials and tracking that may be spilled off-site on private or public lands and streets all vehicle equipment materials products shall be located on the coal or property no storage on any public rights way city development staff will issue a building permit only if applicant has adequately satisfied all applicable municipal regulations in terms of the related to the Sheboygan water utility city development staff will issue a building permit only if the applicant has adequately installed fire protection measures approved by the city of Sheboygan fire department applicant will provide adequate public access along all public streets and take all appropriate actions to minimize the time periods that these will be closed or affected applicant is responsible for constructing all required public infrastructure improvements to properly service the site prior to occupancy as described in the developers agreement any work with the city of Sheboygan public rights away shall be discussed with the city engineering department and constructed to standard city specifications applicant is responsible for all costs associated with the construction and installation of required public improvements for the projects as set forth in the agreement streets and infrastructure damaged or disturbed during the construction of all private or public improvements shall promptly repaired it will be the applicant's responsibility to work with all private and public utilities in order to provide easements and or relocate utilities as necessary applicant will take all appropriate actions to minimize the time periods that the adjacent properties are impacted by these developments building permit shall only be issued at such time as the applicant has obtained all necessary permits from the Wisconsin department of natural resources applicant shall meet the 50 foot building setback of the city of Sheboygan shoreland zoning orans and the 75 foot setback under the Sheboygan county code it is the applicant's responsibility ensure all construction takes place outside of the areas designated as wetlands and the applicant may only impact these areas designated as wetlands if and only if written documentations license permits from the DNR permitting them to do so building permits shall be issued only at such time the applicant has obtained official approval documentation permits from the required governmental authorities including but not limited to the army core of engineers us fish and wild life service national park service Wisconsin department of natural resources Wisconsin state historical society Wisconsin public service commission Sheboygan county building permit shall only be issued at such time as the applicant can provide documentation that lots have been combined into one partial parcel which has been officially recorded by Sheboygan county prior to issuance of a building permit the applicant is provide responsible for providing all shared access easement necessary for the golf course development and operation between the cooler company and adjoining properties and including but not limited to ingress egress shared access utilities applicant shall submit plans to the city city of Sheboygan architectural review board for review building permit shall be issued only at such time the architectural review board has approved the plans the conditional and use permit time limit shall be told for the duration of any lawsuits relating to the golf course project provided the applicant proceeds to develop the property consistent with the approved conditional use permit and site plan at such time as all lawsuits are completed the conditional and use permit time limit shall begin applicant shall comply with the terms of developer's agreement and if and lastly if there's any amendments to the approved conditional and use permit site plan the applicant will be required to submit a new conditional and use application reflecting those amendments so that's the staff report there thank you very much Steve we appreciate your complete report at this time I'd like to open it up for the hearing and the first person and city hall right now would be Lee Toronto and on deck would be Brian Duna Lee if you'd please step to the podium doesn't appear that Lee is here Brian the floor is yours and the first person that's being speaking remotely would be Eric Thielen Eric if you'd unmute and prepare to speak after Brian Duna is finished Brian good afternoon my name is Brian Doudna I live at 1-2-2-7 Hill and Dale Road Plymouth, Wisconsin 53073 zip code I'm the executive director of the Shboygan County Economic Development Corporation the SCEDC continues to support the Kohler company's proposal to build an 18-hole championship golf course on the 250 acres of privately owned land that was annexed into the city of Shboygan in August of 2017 we support this project for the following reasons Kohler company has a strong reputation and track record for delivering world-class products and services including championship level golf courses the property will be a destination for area residents and visitors through property access constructed amenities and the proposed observation tower all of which will display our community's amazing physical attributes it will enhance the state entrance state park entrance which is popular destination for a variety of recreational activities that embrace the natural environment Kohler company has made modifications to the original project to reduce the impacts to the environment the neighbors and state-owned property according to the economic impact study the project will generate 21 million in annual economic output once fully operational and Kohler company has agreed to a minimum evaluation of the project which will provide property tax revenues for the city and other tax and jurisdictions in excess of $235,000 annually based on your 2019 tax rates so naturally the Sheboygan county economic development corporation and its board of directors supports investments and responsible development projects that promote long-term prosperity in the county therefore the SEDC strongly encourages the city Sheboygan plan commission to approve the proposed conditional use permit with the requested extension of time thank you thank you for your comments our next speaker is is Eric Thielen and on deck is Dr. Bell Rose Reagan's Eric the floor is yours my name is Eric Thielen and I live at 4933 Evergreen Drive in the town of Wilson I studied the site plan and noticed that the applicant is still using outdated maps that show the ordinary high water mark during an historically low lake level highly variable lake levels have made this site plan unusable I sent the commission a picture showing the site of the proposed 18th hole in April 2019 and again in January of this year that green is under water to give you an idea of how far out in the lake it is picture three semi trailers parked end to end at least four of the planned green have been disrupted and we saw a picture today of the beach and I can tell you the beach continues to come and go changing daily the applicant today claims that they have moved these greens and fairways inland but that necessarily means filling more wetlands and clear cutting more forest than they have proposed to the DNR that's a headache you don't want go walk the property and see for yourself and now I'm just going to say the quiet part out loud if you approve this version of the CUP the next thing you'll see is the applicant saying they need revetments along the shore to protect these assets the applicant is not saying this upfront because they know it's a non-starter I urge the commissioners to send the application back pending resolution of all these court cases and then ask for a timely and complete application you are entitled to that there is no need for you to rush premature approval of a CUP is in fact likely to invite more litigation which further delays this project moving ahead the lack of a CUP is not what's holding up this project the reason the applicant can't break ground is the same reason they have lost their wetland permit namely reasonable people know that you cannot install high maintenance greens and fairways in a sandy wetland on a very dynamic Great Lakes shoreline thanks for listening thank you very much for your comments Eric next speaker is going to be Dr. Veth Rose Reagan's and or Belle Rose Reagan's I'm sorry and Rose Booth is on deck Dr. Reagan's the floor is yours oh thank you thank you my name is Dr. Belle Rose Reagan's I live at 4933 Evergreen Drive in the town of Wilton Pocholar claims that their world-class golf course will be open for public enjoyment and use public use public use in what universe most folks particularly those from black and brown communities can't afford to drop four to five hundred bucks for an afternoon's worth of entertainment at a luxury golf course or 20 bucks for a burger at a clubhouse they can't afford a $28 state park sticker that gives them a year's access to Lake Michigan and one of the most beautiful parks in our state families can hike and camp and swim in the lake and this is so important particularly for inner city kids but you and I both know that while this course will be a nice amenity to those with money it will have an adverse impact on collars neighbors to the south the state park and the working and middle-class families who enjoy it our state park averages about a half a million visitors a year and had unprecedented use this summer because of COVID but also because camping is an affordable family vacation but last summer the park was packed with gills people were packed like sardines on the beach it's hard to find a place you couldn't even find a place to lay your blanket but they were still able to escape the crowd and walk north along the lake along the Kola property which is their right to walk along the lake shore if this course gets approved families will no longer be able to walk along the beach because they will face the arcade and revetment so while working in middle-class families struggled to find a place in the sand to lay their blanket their wealthy neighbors to the north will sip their gin and tonics while enjoying their lake shore distance as their luxury public golf course wealthy patrons will enjoy peace and quiet while they golf oblivious to the fact that their industrial lawnmowers roar through the greens every morning waking neighbors camping camper to the crack of dawn so much for a restful family vacation for those who cannot afford the luxury of the Kola experience so let's turn to pesticides and fertilizer golf courses need chemicals to maintain their greens last chemicals you have the data you know that because the sandy soil you need to this property toxic chemicals will flow directly into Lake Michigan so this means that families will be swimming in chemicals not to mention toxic algae blooms we know what these chemicals do particularly to our most vulnerable children, pregnant mothers elderly and those who are compromised immune systems I don't need to explain the outcomes to you so the park beach will be closed and the damage will be done people will need to sue to cover their medical bills who will be accountable so what does this golf course really bring to Sheboygan a whole lot of sickness and a whole lot of trouble why build a course next to a state park because Kola went lake distance for their wealthy patrons what about the cost to families and residents who really benefit from this Dr. Reagan's your time is up please wrap up your comments all right let me say this plainly golf is a white sport the people who use this course will be wealthy and predominantly white the people who are making this decision are white but the people who will be adversely affected are black and brown this is called systemic racism Sheboygan talks about valuing diversity and inclusion but approving this course shows residents that this is just talk the world is watching thank you Dr. Reagan's next is Rose both and David Cohen is on the deck Rose thank you very much for giving me this opportunity to speak my name is Rose both I'm the political chair of the Sierra Club Great Waters Group and I'm also on the land team of Sierra Club Madison so my concern today is with some of the numbers that we've been hearing and that the Kola team has presented namely that there are 250 acres of undeveloped land up there north of the park and that at least 238 acres of green space would remain after this was developed as a golf course or in other words 94% of the property preserving the undulating topography of the location I'm wondering how that's possible that would leave 12 acres on which to develop 18 holes of golf and I think as we know and Pete Dye probably knew it takes about 150 acres to create an 18 hole golf course so I find that a little mind-boggling and I just don't understand how that's going to work out I also want to remind people that Kola's wetland permit to actually develop this land was revoked by an administrative law judge in 2019 and it hasn't been reinstated by the DNR and finally the last thing that I wanted to ask was 10,000 migrating birds use Kola Andre Lakeshore in spring and fall every year 10,000 birds land in that area what accommodation is going to be made for those migrating birds since this is an important stop for them on their way to Greenland and they have used this area for hundreds of years just as the area itself the dunes are thousands of years old I think before we build on something that's going to destroy an area that's thousands of years old we ought to know how many acres this golf course is going to take and what is actually going to be left so that's all I have to say thank you very much for giving me the opportunity to speak today appreciate it thank you for joining us Rose and I appreciate your comments next is David Cohen and Robert Janssen is on deck David please go ahead good afternoon Mayor van der Steen and members of the committee thank you for the opportunity to speak today my name is David Cohen my address is 1108 North Milwaukee Street Unit 261 in the city of Milwaukee and I'm the executive director of the first chief southeast Wisconsin the youth development organization whose mission is to impact the lives of young people by providing educational programs that build character and instill life-enhancing values through the game of golf I'm speaking today in support of Kohler Company's application for conditional use for a method of proposed golf course in reckoning the importance and significance to the natural resources on the proposed land Kohler Company is well positioned to be a caretaker and steward of the land through their construction of a world-class golf facility Kohler Company's investment in golf within the local community has led to a tremendous positive impact so it will only be enhanced by the project in order to do the instruction in this new course it will lead to one million dollars economic impact for the state of Wisconsin 227 full-time equivalent jobs in state with 104 of those ish voyagen once operational and over one million dollars in estimated city county and state tech revenue this new course will continue to enhance the shoy voyagen region and it is a global golf tourism destination the destination that many including myself consider the bad in the world tourism brings the dollars that will impact the community well beyond the golf Kohler Company this course will be medical businesses restaurants and hospitality for years to come golf provides a lifetime outdoor activities for people of all ages for kids adults seniors people of all races and backgrounds golf is a game and it brings people together and teaches them about ourselves and each other important less than anything Kohler Company uses their facilities to give back to the local community those junior return and high school golf teams and numerous third-party golf outings each year there are that have raised thousands of dollars of local non-profit and the people golf is not just a career it's white people and I invite those in this call all of it the one of our first G programs David thank you thank you very much for your comments I appreciate it next is Robert Janssen with Marcellino Rivera on deck Robert please proceed good afternoon my name is Rob Janssen I live at 7100 Grand Parkway in the city of Wallatosa and I'm the executive director of the Wisconsin State Golf Association a 501c6 non-profit formed in 1901 to preserve and promote the game of golf in my role I see every day the positive impact golf has on the state and its residents I fully support the Kohler Company's proposed golf course Kohler Company has been a long time supporter of the Wisconsin State Golf Association as well as our foundation and the entire Wisconsin golf community golf has been great for the state providing over 38,000 jobs 2.4 billion in economic impact and attracting a prestigious list of professional golf events including the upcoming Ryder Cup in 2021 the game also promotes an active healthy lifestyle and is enjoyed by juniors juniors through seniors men and women as the state continues to deal with the effects of COVID-19 golf has been a bright spot surging in popularity as state residents saw it safe outdoor and physically distanced activities golf rounds played in Wisconsin were up 34% in October compared to last year and 16% for the year despite being shut down for a month in the spring golf also gives back and is a key driver of charitable giving in the state with most of that money generated for non-golf causes the commitment of Kohler Company to the game has played a large role in Wisconsin becoming a premier tourism destination leading to more new jobs and golfers from around the world visiting Cheboygan County as well as hopefully the city of Cheboygan soon the Wisconsin Department of Tourism sees the benefits of golf to the state as well as they continue to increase their promotion of the state's golf course golf courses to visitors around the U.S. and around the world finally I know the Kohler Company will continue their environmentally responsible approach to building and maintaining this golf course as they have done with all of their other courses Wisconsin Golf Industry takes its environmental responsibility very seriously and Kohler Company is a leader in this regard thank you for your time I appreciate the opportunity thank you very much for your comments next is Marsilino Rivera and Geraldine Leanna is on deck Marsilino Marsilino doesn't seem to be with us today just give you a few minutes if you need time mute okay then we'll go on to Geraldine what are you asking for? Marsilino and Leanna okay Geraldine please proceed Marsilino does not appear to be with us today and Lee Trada will be on deck excuse me Mary Fetish will be on deck Geraldine my name is Geraldine Leanna my name is Geraldine Leanna I live at 522 Grant Avenue in Cheboygan and I have property in Black River at 5537 5537 Lonesome Pine Road just west of the beautiful Black River I believe at the core of my being that life is a rare and precious gift to be nurtured, explored and cherished and that includes plants and animals in that life the world looks like a beautiful place to do our exploring unless pesticides and chemicals are dumped into that precious life of ours and I completely against this project moving forward it is very very short-sighted and pandering to the rich and the white privileged people of this community and I'm just appalled that the Common Council would even consider this very short-sighted project where the rich and famous can think that they own the land and it's God's land it's our land and it's not for us to be polluting it that's all I have to say well thank you very much for your comments Gerilyn next is the Mary Fetish and Kristen Dautterly is on deck Mary Fetish Mary we can't hear you can you unmute it doesn't appear that Mary is with us today so we'll go on to Christian Dautterly Kristen are you with us very good then we'll go on to Leslie Freehill Leslie are you with us yes please proceed this is Leslie Freehill my law firm is kind of I appreciate the opportunity to speak to the city and to the members of the commission today I'm appearing on behalf of the Friends of the Black River Forest who registered against the permit as it is proposed we submitted extensive written comments yesterday which I don't intend to repeat here considering the long list speakers understandably the commission's limited time I'd like to just make a few points our written comments highlight the outstanding natural resources of this property and those have also been highlighted by other speakers there are three distinct communities of wetlands Great Lakes inter-journal and flood plain some of these are critically imperiled meaning that there are five or fewer occurrences left of them at all the site also hosts state and state and federal threatened endangered plant and animal species but I'm not really going to reiterate all of the environmental aspects of this right now what I would like to do is direct the commission's attention to the ordinances and the application itself the commission's duty is to ensure that each conditional use that Kohler proposes meets the city's ordinances as a matter of law first and foremost the proposed uses since we do not meet the ordinances there are two conditional uses being proposed today one is outdoor institutional which includes golf courses the other of which is clear cutting clear cutting in zone SR5 under ordinance 15206 to one of the requirements that the applicant must show is that clear cutting will improve the level of environmental protection on the property nowhere is this addressed in the application nor in the the city's suggested approval report that was posted on Friday and discussed today even the DNR has found that this project will have a net negative environmental impact that's the conclusion that the scores of the DNR scientists came to when they poured over this very same set of plans which as others have pointed out and we point out in our written comments are actually outdated particularly do particularly with respect to the ordinary high water mark so clear cutting is not permitted anywhere in the city of Sheboygan as a matter of right or as a special use it is only a conditional use and there must be the required showing of environmental protection and nowhere has that been addressed as the second and considering the time last point I want to make is that clear cutting is a conditional use also in each of the natural resource protection overlay districts four of which are on this property those are lake shore overlays woodland wetland and steep slope overlay the applicant was to submit a detailed map showing where each of these falls they submitted an incorrect and inaccurate and outdated map as has been well documented the plan cannot even go forward as it's currently designed and for that reason the application itself is incomplete the last point I'll make is that there's no reason to be rushing through this cup approval process right now Polar has already conceded that they would not possibly be able to start this project within the one year they would have after a cup would be reviewed and so there's no reason for the plan commission to be making a determination now nor can they based on the fact that the application Leslie your time has expired please wrap up thank you thank you very much the next person to speak is Jane Zabrowski and Rebecca Clark is on deck Jane please go ahead good afternoon my name is Jane Zabrowski I've lived in Black River for over 20 years I thank you for the opportunity to address concerns with the Polar application this application is different from any other application you've reviewed because no other property exists like it in the city of Sheboygan this is the unique wooded property as you have heard on the shores of Lake Michigan with globally rare wetland rare and endangered plant species and old growth forests a very important migratory bird stop over in a major wildlife quarter all of which join a state park the proposed golf course will create major undesirable impacts on the nearby properties and the environment there's no doubt about it because the property is surrounded by both private land and state park land that are not in the city's jurisdiction town of Wilson residents will be affected by this project much more than the city just due to its location alone this application comes at the end of many years of events you might compare it as to right now you're viewing the movie trailer versus many of us out here in Black River have watched the entire movie I have followed the proposed project from its inception in 2011 when it was first presented to the town as a simple tented forest and which has now involved into a major championship tournament golf course if there was a documentary made for the past 10 years in their events there would be a story of private meeting influence politicians secretive land purses misstatements of the truth a forced annexation multiple losses and now an appellate court decision which Kohler lost that they're asking to be overturned in the Wisconsin Supreme Court it's hard to explain in three minutes all that's transpired in these past years after reviewing the written comments which were presented to you I know the comments in favor of approving the application all come from people and companies with direct connections to Kohler who stand to gain financially I mean they even failed to know that their Kohler grading excavators or 26-year Kohler employees the comments that are posed are coming from those people who have nothing to gain financially and they have clearly outlined a number of serious concerns starting with there is no wetland field permit there are several pending losses and the clearing of over 70% of the forest those issues alone should raise red flags for the plan commission please consider hiring experts necessary to analyze these areas of wetland shoreland and forestry at the applicant's expense Kohler had agreed to do this when their incomplete application was being reviewed in the town of Wilson you're currently also in receipt of an incomplete application you need more information the public needs more information and Kohler by their very own admission needs more time Jane your time has expired please wrap up okay the application is not approvable in its present form I request the plan commission deny the application or at a minimum delayed until you have complete information thank you thank you Jane next is Rebecca Clark and Gary Zimmerman is on deck Rebecca the floor is yours I don't think Rebecca Clark is oh I'm just listening in Mr. Mayor thanks you can move on to the next speaker very good thank you the next speaker is Gary Zimmerman Gary okay I see no one else here in the council chambers is there anyone else wishing to be heard is there anyone else wishing to be heard is there anyone else wishing to be heard with that I'd request a motion to close the hearing Mayor who is Maryland yes Marilyn I just wanted you to know that a gentleman sent a text to me on my county website today he thanked the plan commission for all the good things that is done to make the city look nice and he also expressed his displeasure at this going forward and I'll get all the complete information to the planning department thank you thank you for letting us know that we do Jerry Jones I'll make a motion to close the public hearing portion is there a second second we have a motion and support to close the public hearing all those in favor please signify by saying aye aye opposed chair votes aye motion is is passed okay now we're to discussion amongst the members of the commission on the application before us is there any discussion or questions that you'd like go ahead mayor I have a question very good I was wondering if the caller company representative could comment on the comments I believe by mr. Thalen regarding the high water the the high water and that a couple of the holes may be in jeopardy because of the high water levels I would like the caller representative to comment on what their plans are when it comes time to construction if the high water levels continue to be an issue could the presenter please answer that question you can do it right there you're live of the of the property the corridors within which the 18 holes that are in the approved layout still exist so the holes in question along the lake shore specifically holes 18 holes 9 holes 8 and hole 7 those all exist and are still there relative to the lake levels we believe we can still fulfill the design intent of those four holes within the corridors of our of our permits and there'll be no additional need for any changes to the design all the person born is that answer your question if I could if I could just follow up does that mean that for example if you have the 18th hole at 500 and some yards from T to green that the you're saying that the the the holes that are in question would still be able to have the same yardage that are you're currently proposing or that there that may have to be modified depending on the water level I am saying that we can fulfill the design from a yardage standpoint yes if if that particular hole is 500 yards we can still make that hole 500 yards from those T's and to those greens it's a simple matter of slightly making an adjustment of where the location of the T and the green is within the permitted corridor and that is that is still something that we can accomplish with the current lake levels thank you are there any other questions jerry jones thank you mayor uh dirt question for you a few questions for you following up on 18 there was a declaration made during the public comment section that you potentially would come back in at some time or need to come back in to get sure to shore up the land over there or to protect it from the oncoming lake water is there anything you can address on that level and would you be adverse to anything in the conditional use permit not permitting that without further discussion so if i understand the question correctly this is in relation to the comment about revetment correct okay you know the intent of the design of this golf course is to to take advantage of the natural aesthetic of the lake shore being the dunes our design intent with any layout regardless of water levels is to maintain that dune aesthetic and as far as contemplating how we protect the shoreline we we haven't made any determination how we would do that but the design intent is to maintain those dunes great uh steve question for you um just so i'm clear nothing moves forward on the conditional use permit without a resolution of the lawsuits and b all permits including the dnr permit being approved correct that's uh yeah those are the conditions that we have set as uh that staff is recommended okay great uh so basically my comment here before i have one more question for the co-representatives that leaves us with three options on this property um as as put forth today one you leave it as it is or you sell it or you make it a part of the existing part two you develop this golf course or three you develop it as another use either homes something it's already been annexed it's in the city of shiboyan those are all clear correct that's correct okay uh to the question of pesticides can you address the use and how much theoretically we use on a golf course in a given year well i that i can't address how much because that's a very a large variable depending on the the property and and the conditions of of the turf i will say this though if you look at our history of our existing golf course facilities whether it be the two courses at blackville front the two at whistling straights or our property in st andrew's our environmental record when it comes to pesticides and and things of that nature are are spotless uh we work well within the framework of what is allowable by the laws in our industry and our industry and if anything we are conservative in that approach and we always have them have you run into any issues over at whistling because that's also along the lakeshore no we have not okay second question next question with regards to the impact study with regarding the finances can you tell me how the person or the team that did that for you came up with the room tax numbers the room tax for the village of color city of shiboyan and county of shiboyan and secondly what would be the county of shiboyan would that be outside of shiboyan and or color as far as how they specifically came up with those numbers i can't tell you what the how what their calculations were i can tell you that it was based off of over financial report that we put together relative to the the revenues that are generated on our existing courses a conservative conservative estimate and based on where those revenues are coming from and whether and the percentage of our guests that actually stay within the village of color versus the city of shiboyan and such so it's based off of information that our finance team gave based on our existing clientele and where they are staying and and where they are they're coming from and you addressed exactly what i was driving so today you know exactly where your golfers and our visitors are staying right so if someone says hey you know they're pushing them away from shiboyan hotels and they're saying hey stay on stay on village property or color property you already know you can't house everyone so there are folks who are staying in shiboyan at shiboyan hotels correct that is absolutely correct and it's i think it's important to note that during the high seat resort season approximately 60 of our golf guests are actually staying within our resort the other 40 percent are actually staying in other parts of the community the greater shiboyan community or they're from the local community themselves i think there is a misunderstanding that we are purely a golf destination certainly that's our primary business but we have a very strong contingent of local followers that play on a regular basis as well either from the city of shiboyan the town of wilson or any of the surrounding areas and that and that factors into that as well thank you mayor thank you very much for those questions is there anyone else that has a question go ahead uh dave hoffman um even though this isn't directly related to conditional use i'm interested in um i assume that you're going to be looking to host a major tournament at this course if it is built uh knowing what happened out at wissling straights for the pga tournaments that requires a lot of parking and uh what would be your plans for parking for a tournament for this particular course how would you get enough spaces for that well unfortunately uh being selected to host a major championship is somewhat out of our control um you know it's determining by the governing bodies whether it be the pg of america the pga tour or the usga so we really don't control whether or not this golf course would ever be ever be able to host an event certainly hosting events is a part of our strategy but we have major championship hosting facilities already in blackwill front and wissling straights that's not necessarily our strategic intent with this golf course our strategic intent with this golf course is build a world ranked world class golf course and that doesn't necessarily mean that this this has to this course has to host a major championship on the level of a rider cup or or a pg uh championship so um i can't really answer that question because it's kind of out of our control and it's not necessarily our strategic intent with the golf course thank you thank you any other questions um i'd like to ask our city attorney to come in on this one the conditional use is uh is told uh so that all these uh court cases that have not been adjudicated yet would happen and then we would start um counting the year for the golf corps to take out a building permit and begin that building what happens if uh another um court case comes in would that then have to be adjudicated before this would happen or is it just the current cases that are currently being adjudicated but haven't been decided yet it's going to depend on how you uh act however my understanding of the recommendation uh in the condition is that it would it would hold the the year for as long as there are pending lawsuits that impact the ability uh to to begin the to begin the construction of the uh the golf course now there could be lawsuits out there that that won't impact that and uh have an impact on other issues and uh my understanding is as as the recommendation has been written those wouldn't necessarily be covered but anything that relates to the actually getting construction would thank you very much for that explanation i guess at this point i'd like to ask for a motion to be placed on the floor mayor i here i had mayor i had one more question this is alderman borin very good again i this question is for the caller representative i know one of the concerns of the of the neighbors of the proposed golf course is still maintaining access to be walking along the beach and again with the uh high water levels that we currently have and the plan for the golf course uh is it is it does it still look like the access for the neighbors out there is going to be maintained for public access to still walk along the beach uh the answer would be yes the intent is to still allow for that public access along the beach with the current water levels and the design thank you and the way the water levels are right now that would uh i haven't been out there to take a look at it of course but uh with the with the way the current with the way the current water levels are right now you're saying then that would still be possible for the for the neighbors and people from the park to still be able to walk along walk along that beach yes correct within the corridors that our permit has specified for those holes we're able to to accommodate that as i stated earlier would be able to keep the existing yardages of those holes by simply moving making slight alterations to the location within that corridor of those teas and greens that affect that and it would still maintain access along the lake thank you any other questions or motions jerry jones yeah with that i would make motion to prove subject to staff recommendations and the conditions as put forth therein thank you for that motion is there a second second very good thank you mr hoffman that motion is on the floor is there any further discussion mayor i'd like to make a couple comments this is alderman born very good please proceed thank you i'm going to be supporting this application this evening for the conditional use uh use permit for the golf course uh i was reluctant to do so until i found out that all of the lawsuits that are pending have to be adjudicated before we are going to be issuing the you know that the conditional use permit is actually going to take effect i think the the the asset to the community is going to be tremendous once this golf course is built but the i think the the ball is still in collars court to take care of these these lawsuits that are currently pending and but with that being said i'm going to uh i'm going to support the application for the conditional use permit and once the lawsuits are adjudicated if they are in collars favor by doing this by doing that this evening i don't think is putting the cart before the horse but once these lawsuits are adjudicated and again in collars favor it will expedite uh them being able to do the course thank you thank you for that comment any other comments or questions seeing none i'd ask the uh planner to please call the roll mayor van der steen i vote i elder person born i jerry jones david hoffman i maryland montemire hi and don's feet on all eyes motion passes thank you everyone for your presentations and uh and and participation in the hearing we appreciate it um our next meeting is scheduled for january 12th i'd like to wish everyone a happy holiday coming up and i'd call on jerry jones for a motion to adjourn so move sara second very good thank you for that motion and support all those in favor of adjournment please signify by saying aye aye aye opposed motion passes good night everyone