Committee Members Present: Ashford, Wiese, Cassity, and Lehman.
Committee Member Absent: Halsey Sprecher.
Others Present: Lance Gurney, Lowell Haugen, Brian Simmert, Mary White, Matt Bremer and others.
Chairman Wiese called the meeting to order and staff certified that the meeting had been properly posted.
Motion by Ashford, seconded by Cassity to adopt the agenda. Motion carried.
Motion by Ashford, seconded by Cassity to approve the minutes of the January 13, 2003 Committee meeting. Motion carried.
Communications: Mr. Wiese stated that he had been contacted by Mr. Phil Craker regarding the placement of a mobile home in the Town of Winfield and the necessity of a Board of Adjustment hearing.
The Committee then reviewed a voucher list from the Register of Deeds. Motion by Ashford, seconded by Cassity to approve the Register of Deeds vouchers in the amount of $502.06. Motion carried, 4-0.
The Mapping Department had no vouchers for review.
Item c. of the agenda was discussed first. This discussion was regarding a request to rezone land in the Town of Excelsior from a Resource Conservancy 5 zoning district to a Single Family zoning district. This was a request that had been referred back to the Committee on June 18, 2002 by the County Board. The Committee also considered approval of the Development Plan, Preliminary Plat and additional information submitted by the applicants following a public hearing on June 25, 2002. Mr. Gurney briefly reviewed past action. The department had received a requested hydrology study in December of 2002. Surface water, a detention pond and replacing an existing culvert were discussed. Mr. Cassity stated that on a town level there were still concerns but the developer had worked hard to address their concerns. The depth of wells was discussed. Mr. Gurney stated that there had been a recommendation to construct the wells at least 30 feet deeper.
Mr. Lehman questioned whether or not there was enough area to put in a replacement septic system in unsewered subdivisions. Mr. Gurney responded that this was always considered.
Motion by Cassity, seconded by Lehman to approve the rezoning from a Resource Conservancy 5 zoning district to a Single Family zoning district. Motion carried 4-0.
Motion by Lehman, seconded by Cassity to approve the Development Plan, and Preliminary Plat
contingent on having the convenants approved by the Planning and Zoning Department and the rezoning approved by the County Board. Motion carried 4-0.
Chairman Weise called the public hearing to order at 9:30 A.M.
Chairman Weise explained the hearing procedures and introduced the committee members.
The first petition was to approve the Town of Sumpter Comprehensive Plan in accordance with Wisconsin's Comprehensive Planning Legislation and more specifically as defined in Section 66.1001 of the Wisconsin State Statutes. Following a public hearing held by the Town of Sumpter Plan Commission on January 9, 2003, the Town Board of the Town of Sumpter did pass an Ordinance adopting the Town of Sumpter Comprehensive Plan on January 13, 2002 at their regularly scheduled Town Board meeting.
Mr. Lance Gurney, Planning and Zoning Director, gave a history of the Town of Sumpter's Comprehensive Plan. He stated that he had received a copy of the ordinance approving the plan by the town board. Mr. Brian Kindschi, Town of Sumpter Chairman, then appeared and briefly explained the process the town went through. This was a good way to get the plan done without using taxes and to get local people involved.
Mr. Tim Colby, Sumpter Planning Commission Chairman, appeared and recommended approval.
Seeing no one else wished to speak, the Chairman closed the public portion of the hearing.
Motion by Ashford, seconded by Cassity to approve the Town of Sumpter's Comprehensive Plan. Motion carried 4-0.
The next petition to be heard was a request to rezone certain lands in the Town of Excelsior from a Resource Conservancy 5 zoning district to an Agriculture zoning district by Union Pacific Railroad Company, c/o Martin Marietta Materials, 1416 Dodge Street, Omaha, NE 68179. The purpose of the request is to re-establish an Agriculture zoning district thereby enabling the owner to seek renewal of a special exception permit for mineral extraction. The land affected by the proposed rezone is located in Section 28, T12N, R5E in the Town of Excelsior.
Mr. Brian Simmert, Planning and Zoning Staff, gave a history, staff report and recommendation of approval.
Mr. Neil Grant, representing Martin Marietta Materials, appeared. He stated they were requesting to rezoning to allow the continued operation of an existing quarry. It was noted that the property had been rezoned and now should be rezoned back before a special exception permit could be requested. This quarry had been in operation since 1957.
Mr. Richard Gauck, Mr. Michael Muchow, and Mr. Joe Michels registered in favor but did not wish to speak.
Ms. Laurie Hasenbalg appeared in opposition. She stated it was her impression that this was just a "bookkeeping" activity and stressed the quarry should not be allowed to expand. Ms. Ashford confirmed that this request does not involve any expansion.
Seeing no one else wished to speak, the Chairman closed the public portion of the hearing.
Motion by Lehman, seconded by Ashford to approve the rezoning. Mr. Cassity reiterated this was just for "housekeeping", the town approved it and they were not expanding the existing footprint. Motion carried 4-0.
The next petition to be heard was a request to rezone certain lands in the Town of Dellona from an Agriculture zoning district to a Single Family Residential zoning district by the Ho-Chunk Housing Authority, 2002 Superior Street, Tomah, WI 54660. The purpose of the request is to establish a 25-lot residential subdivision to the west of an existing residential subdivision owned by the Ho-Chunk Nation. The property is located in Section 15, T13N, R5E of the Town of Dellona.
Mr. Brian Simmert, Planning and Zoning Department, gave the staff report. He briefly discussed a discrepancy on the acreage involved between this petition and what the Town of Dellona had previously approved. The Committee viewed a video of the area. Mr. Simmert stated that use meets the general intent of the Sauk County 20/20 Plan, but that the Planning and Zoning Department couldn't make a recommendation at this time because they had not heard from the Town of Dellona regarding the rezoning of the 40.49 acres.
This property will not become trust land. Community septic systems were discussed.
A letter in opposition from Thomas and Sandra Lobe was distributed to the Committee.
Mr. Robert Mann, Land Development Director representing Ho-Chunk, appeared. Mr. Mann explained the reason for the acreage discrepancy was because outlot #1 became available for purchase later. He stated that this would be for low to medium income housing.
Mr. Lehman asked about individual wells and Mr. Mann responded they were planning a community well and this would be for new homes only. Road maintenance would be handled through contract by the Ho-Chunk Nation.
Use of outlot #1 for the septic system was discussed.
Mr. John Brey, representing the Ho-Chunk Housing Authority, appeared in favor. He stated the land use was consistent with surrounding uses and a community septic system and well would be easier to maintain than separate systems.
Mr. Terri Schilke registered in favor, but did not wish to speak.
Ms. Georgene Willemarck appeared and stated she was not definitely opposed to the rezoning. She requested that the Committee not rule on the petition until they had all of the details. She was worried about Dell Creek and the Dell Creek State Wildlife Area which borders the property. She stated that there had been problems with septic systems in the past.
Mr. Arnold Brilla appeared in opposition. He was worried about new wells, run off and springs located across the road from the proposed development. He also requested that the Committee hold off on any decision
Mr. Duane Brooks appeared, as interest may appear. He stated that he was not speaking as a member of town board. He said that the Department of Natural Resources was going to take a close look at the creek. He stated that the town had approved it (31 acres), but were concerned that there were changes in the original plan as the town approved it three years ago. He was worried about management of the area, clean yards, etc. and the water supply, but had no major objection to the proposal.
Fire service, vacant lots in the area, and management services were discussed.
Mr. Gurney appeared again and briefly discussed the community septic system and upkeep of homes. The existing development is on trust property. The new development would be under county zoning.
Mr. Mann appeared in response to some of the questions asked. He stated that the Ho-Chunk had to abide by federal rules and environmental assessments were done when the property was purchased. The Nation does have a zoning ordinance.
Mr. Lehman asked why they didn't consider a development at the casino site. Mr. Mann replied that they have a federal grant to purchase land for this use.
Seeing no one else wished to speak the Chairman closed the public portion of the hearing at 11:10 A.M.
Ms. Ashford stated the Committee had several options. One was to approve the request with contingencies for town approval on other acreage and an assurance from the DNR on the springs or move to table with those contingencies or move to not approve.
Mr. Gurney stated he was expecting to meet with the DNR on Friday and in terms of the development itself there are solutions to handle all concerns expressed.
Motion by Cassity, seconded by Ashford that the decision on this rezoning be postponed until such time as the Committee hears from the town and the DNR on their recommendations. Motion carried 4-0.
The regular meeting convened at 11:30 A.M.
Mr. Gurney appeared and gave his monthly department report. He reported the staff had been working on ordinance amendments to Chapter 25. Planned unit developments, clustering and rezoning whole parcels as an overlay zone were discussed. Committee consensus was that effort should be continued with fewest processes. Best direction was to make provisions under Chapter 22 and avoid rezone and Board of Adjustment process if possible. Committee would review and give approval of planned unit developments.
Mr. Matt Bremer, new Environmental and Zoning Specialist, introduced himself and gave a brief presentation on his new duties.
Fire numbers project status report was given to the Committee. Drives with multiple signs were briefly discussed.
Farmland preservation sign ups are complete.
Mr. Gurney informed the Committee that staff had been working with the Sauk Prairie School District on the steps required for a planning project. Twenty-one students had participated, with the project being the planning of a frisbee golf course.
Mr. Gurney distributed the updated Private Sewage Ordinance and explained the changes. Public hearing will be scheduled in February.
The department will schedule four meetings with anyone that deals with the ordinance before the public hearing. Mr. Wiese questioned if another public hearing was actually required. Mr. Cassity would like every County Board member to get a copy of it.
Motion by Ashford, seconded by Cassity to approve sending out the draft, with minor typographical corrections, of the Private Sewage System Ordinance to go to public hearing in February. Motion carried 4-0.
Department vouchers were reviewed. Motion by Cassity, seconded by Lehman to approve the list of vouchers to be charged back to 2002. Motion carried 4-0. Motion by Ashford, seconded by Lehman to approve the 2003 list of monthly vouchers. Motion carried 4-0.
Discussion on the next meeting date. Motion by Ashford, seconded by Wiese to change the February 25th meeting to February 24, 2003 due to the 25th being the County Board meeting date. Motion carried 4-0.
Motion by Ashford, seconded by Wiese to adjourn. Motion carried.
Respectfully submitted: Judy Ashford, Secretary