DATE: July 27, 2004
Committee Members Present: Ashford, Sprecher, Gaalswyk, Lehman, and Wiese.
Others Present: Lance Gurney, Mary White, Brian Simmert, and others,
Chairman Wiese called the meeting to order at 9:00 a.m. and staff certified the meeting had been properly posted.
Motion by Gaalswyk, seconded by Ashford to adopt the agenda with the deletion of item #3.
Motion carried.
Motion by Sprecher, seconded by Gaalswyk to approve the minutes of the July 13, 2004 Committee meeting as presented.
Motion carried.
Communications: Mr. Gurney explained that he had received correspondence regarding new rules for flood damage funding. His Department is to assess flood damage to structures. Mr. Dave Lorenz went to a training session regarding this. Mr. Sprecher stated that the Emergency Government Department had been contacting the towns for information on damage assessment. Mr. Gurney stated that Sauk County was not in compliance with the program.
Business items: None
No vouchers were submitted for approval by the Register of Deeds, Mapping or Surveying Departments.
Mr. Gurney stated that he would give a monthly report next month.
The first item for discussion was the review of a 6 lot plat, called TKS Acres, in the Town of Excelsior. Mr. Gurney explained that subdivisions of 1 to 10 lots do not require a public hearing. Each lot is 5 acres or more. Mr. Gurney stated that the subdivision plat conformed to Chapter 236 of the Wisconsin Statutes. The Town of Excelsior had approved the subdivision on July 13, 2004. A motion was made by Gaalswyk, seconded by Ashford to approve TKS Acres.
Motion carried.
Mr. Gurney then reviewed the final payment request of Vandewalle and Associates for $527.75 for Phase II of the USH 12 Plan which consisted of the Sauk City Bypass and the Tourist Entertainment Development Guidelines. Motion by Sprecher, seconded by Ashford to approve this payment.
Motion carried.
The Committee then reviewed the voucher lists as submitted. Motion by Ashford, seconded by Sprecher to approve the vouchers for the Planning and Zoning Department in the amount of $5,394.69.
Motion carried.
Public hearing started at 9:30 A.M.
Mr. Wiese introduced the Committee and gave the order of the hearing.
The first petition to be heard was # 17-2004 - A petition to rezone certain lands in the Town of Greenfield, Sauk County, Wisconsin, from an Single Family Residential zoning district to a Resource Conservancy 35 Zoning District by Judd Maxwell, S5390 Highway 113, Baraboo, WI 53913. The purpose of the request is to make consistent the zoning of the property and allow for the construction of a sawmill by special exception as an ag-related business for more than 10 consecutive days. The land affected by the proposed rezone is located in Section 7, T11N, R7E in the Town of Greenfield.
Mr. Brian Simmert, Planning and Zoning Planner, gave a brief description of the proposal. He stated that this was a two step process. Along with the rezoning a special exception was needed from the Board of Adjustment for the operation of a sawmill. The Town of Greenfield approved a special exception and also approved the proposed rezone. Mr. Simmert stated that the use was consistent with the surrounding uses. The staff recommendation regarding this petition is approval.
Mr. Judd Maxwell, property owner, appeared in favor. He explained this was called the Hammermeister Sawmill 1958. Maxwell Construction and Glenville Timberwrights were now operating at the site. There is an old building on top of hill that they would like to expand and improve and use as a resaw building for Timberwrights.
Mr. Tom Holmes, owner of Glenville Timberwrights, appeared in favor. He explained that at the present time they were sending their timbers to Stevens Point to be finished. They would prefer to do this at the Glenville site themselves.
Mr. Jerry Sprecher, adjacent property owner appeared. He was concerned about noise and an increase in traffic. Mr. Holmes responded that they had plans to insulate the building, hours would only be Monday through Friday and traffic should be less if they didn't have to outsource resawing the timbers.
Mr. Terry Turnquist, Town of Greenfield Chair, appeared in favor. He stated that the town had not received any complaints regarding the current use. The Planning Commission as well as the Town Board had reviewed the request and voted unanimously to approve it. Mr. Turnquist also stated that he believed the semi traffic would be less.
Seeing no one else wished to speak, the public portion of the hearing was closed at 9:45 a.m.
Motion by Gaalswyk, seconded by Ashford to approve the rezoning request #17-2004 from a single family residential zoning district to a Resource Conservancy 35 zoning district.
Motion carried. Ms. Ashford stated that there has been a considerable improvement of the property.
The next petitions to be heard were Petitions # 05-2004 and #06-2004 which were for approval of a development plan and subdivision plat in the Town of Dellona by the Ho-Chunk Housing Authority. The proposed subdivision is inclusive of 25 individual lots for single family residences, three outlots, and provisions for on-site storm-water storage facilities and community water and septic systems. This proposal is directly adjacent an existing subdivision owned and maintained by the Ho-Chunk Housing Authority. The parcel of land affected by the plat request is located in Section 15, T13N, R5E in the Town of Dellona, Sauk County, Wisconsin,
Mr. Brian Simmert reviewed the staff report with the Committee. He explained that there were two separate petitions to review. Petition #5-2004 was for approval of the development plan and Petition #6-2004 was for approval of the subdivision plat. The Department of Planning and Zoning recommended approval, but the approval should be postponed until the Town of Dellona has had an opportunity to take action on the proposal.
Mr. John Brey appeared in favor. He reviewed the project. He stated that the septic system was adequate and there was a storm water management plan in place. Mr. Gaalswyk questioned if there would be a common water supply and Mr. Brey stated that there would be.
Mr. Joe Dorava, a professional engineer with Vierbicher, appeared in favor next. He felt that the DNR did not have any jurisdiction on the property. Water quality as well as road design and soil erosion concerns were addressed. Mr. Gaalswyk asked why the town had not acted on the rezoning. The town should review the petition at their next meeting. Ms. Ashford asked if all 25 homes would be built at the same time and Mr. Dorava responded that it would be done in phases.
Ms. Georgene Willemarck appeared in opposition. Ms. Willemarck questioned what guarantee the Ho-Chunk Nation would complete this project as it is being proposed. She stated that the Nation has been on the town board's agenda many times on this development and they chose not to appear. Ms. Willemarck said that there already has been problems such as traffic, garbage and dogs. She was also concerned about Dell Creek being near the proposed development.
Mr. Arnold Brylla appeared in opposition next. One of his concerns was how many high capacity wells would be drilled and what impact would this have on the creek and springs in the area. He stated that the Christmas Mountain development was already drilling high capacity wells. He wondered if adjacent wells would go dry and who will pay to replace them. He said that he didn't think the holding pond would contain a "once in a 100 year" flood and the overflow would be on private property. Mr. Brylla said that he felt this development could be built on property near the casino that the Nation already owns. He was also concerned about replacing culverts, Dell Creek and Mirror Lake, trout and watercress. Christmas Mountain also had an erosion problem.
Ms. Mary Dahl, representing the Indian Health Service appeared as interest may appear. She has been hired by the Nation to design the septic and water supply systems. Ms. Ashford asked her to respond to the concern about high capacity wells. She stated that the original plan was to drill one well on trust property. The capacity would be 100 gallons a minute which is a low rate. She said that the water used was very small and shouldn't effect the creek She stated that they were looking at installing a second well to reduce the required capacity of each well.
Mr. Duane Brooks, Town of Dellona Chair, stated that the town had provided everything requested for this project and they hadn't heard anything from Ho-Chunk. He said that an agreement had been made with the Ho-Chunk and this was the best they could do. Mr. Gaalswyk asked if the Tribe was going to compensate the town in lieu of property taxes. Mr. Gaalswyk asked if the town had already approved the development. Mr. Brooks stated that they had and when asked he said that the minutes should reflect that decision.
Mr. Brylla appeared again and stated that there were several roads that appeared to deadhead at the property lines. He asked if that was done because there were already plans to enlarge the development. The difference between tribe acquired land and tribal trust was discussed.
Mr. Neal Whitegull appeared and stated he had been working with Vierbicher and the Nation. He stated that they did not want this to be considered trust lands. The Tribe would pay property taxes until the houses were purchased and then the individual owners would be responsible. Mr. Whitegull said that the Army Corps of Engineers, DNR and local officials had reviewed the site. When asked by Mr. Gaalswyk, Mr. Whitegull said that the town had approved the preliminary plat but not the development plan and this would be discussed at the next town board meeting. Mr. Lehman asked if the Nation had any plans to extend this development to the south. Mr. Whitegull responded that they had no plans for development in this area, but the Tribe may have plans for future development in other areas.
Mr. Lance Gurney, Planning and Zoning Director then appeared. He stated that the town does have an agreement with the tribe for preliminary approval. The roads extending to the property lines are standard office practices should the development need to provide access. He said that the tribe had been working since February to provide a plan that was sufficient for storm water management. The Planning and Zoning Department feels that the information provided is adequate and should not require additional study.
Mr. Paul Bremer questioned what the town was going to receive and what services they had to provide.
The public portion of this hearing was closed at 10:45 A.M.
Mr. Gaalswyk stated that Mr. Brooks believed that the town had already approved the plans so he was inclined not to delay action.
A motion was made by Ashford to approve petitions #05-2004 and #06-2004 contingent on action by the Town of Dellona. Mr. Gaalswyk seconded this motion. There was further discussion regarding dogs and rental properties. Mr. Gaalswyk stated that some of the issues raised could not be addressed and, therefore, should not be taken into consideration.
Motion carried 4-1, with Lehman in opposition.
The next petition to be heard was # 20-2004 - A petition to rezone certain lands in the Town of Dellona, Sauk County, Wisconsin, from an Agricultural zoning district to a Recreational Commercial Zoning District by Russell Hansen, 5332 Stark Road, Sun Prairie, WI 53590. The purpose of the request is to establish a 200 unit campground inclusive of a mini-golf course, campground store, swimming pool, horseshoes and hiking trails. The land affected by the proposed rezone is located in Section 22, T13N, R5E in the Town of Dellona.
Mr. Brian Simmert, Planning and Zoning staff, appeared and gave the staff report. He explained that this rezoning would also require a special exception from the Board of Adjustment. An informational meeting was held on the town level. The staff recommendation was to postpone a decision to allow more time to review the covenants.
Mr. Lance Gurney appeared as part of the staff report. Access and current traffic on County Road P were discussed. He stated that denying a proposal because of existing problems is not appropriate. He drove the highway to determine if there were problems with traffic flows. It was estimated that there would be 4 to 5 trips per campsite at peak times.
Mr. Gurney stated at a public information meeting that there was concern with crime. Law officers explained problems with campgrounds. Mr. Gurney also checked with Sheriff Stammen and what his experiences were. He said that it depended on who you cater to. Younger patrons caused more problems than family oriented campers. Sheriff Stammen did not feel this campground would generate a large demand on his department. In regards to fire protection, the owners proposed to keep a pumper on site to be manned by emergency response personnel. Mr. Gurney stated that he was waiting for correspondence from the Reedsburg Fire Department regarding this unit. There were concerns about the campground being used all year around.
The town's development plan was discussed, as well as the fact that a BOA special exception permit would also be needed.
Mr. Russ Hanson, agent for the owner, appeared in favor. He stated that this land has been in his family since 1947 and has not been farmed because of the sandy soil. His family has been paying taxes on the property and have not been getting any return. A subdivision or a golf course were alternate uses considered but were decided against by the owners. Those uses could produce more traffic than a campground that would only run approximately 23% full all year. Mr. Hanson showed the concept plan and reviewed accesses that were already in existence. Mr. Hanson emphasized that they were not planning on rezoning the property to be sold. He intends to build a house on the property.
Emergency calls were discussed and Mr. Hanson stated that he had no interest in selling alcohol and there would be no store at the entrance. The roads would be private with no expense to the town or county. The owner proposed to buy a pumper truck. The garbage issue was addressed. There would be no permanent housing in the campground. April 15 to October 15 were suggested for camping dates. Mr. Hanson also stated that wetlands in the area needed to be delineated. Engineering the septic systems, signage, campsite size, fire rings and a storm water management plan were reviewed.
Carol Clement Stanton, property owner, appeared in favor. She stated that this property has been in the family since 1947. Her father proposed a family type business back then, but it never materialized. She stated that the owners wanted to work with surrounding property owners. Fire protection was very important to her.
Ms. Georgene Willemarck appeared in favor. She stated that she felt the owners where trying to develop their property in a sound way and they should be allowed to do that.
Attorney John Orten, representing some of the surrounding property owners, appeared in opposition. He stated that the people he represented were not against development. They felt that development needs to be done correctly and in their opinion this was the wrong type of development and was not good planning. He stated that details of the use could be worked out with the Board of Adjustment. He reviewed the density of this use. Attorney Orton then discussed Roberts Rules of Order. He stated there was no basis for this review today. The decision to deny the request should have been immediately taken to the County Board and not brought back for further review.
Mr. Bill Hendricks registered in opposition, did not wish to speak.
Ms. Anita Copper, lives across from the proposed campground, and appeared in opposition. She was concerned about the added traffic that would be even worse with larger recreational vehicles. She was also concerned about the use of alcohol.
Ms. Helen Hendrichs registered in opposition., but did not speak.
Ms. Pat Holton appeared in opposition. She objected because the Town of Dellona Board voted to approve the campground and then allowed citizens to speak. after they had already made a decision.
Mr. Paul Bremer appeared in opposition. He was concerned about due process. He stated that the meeting notices were poorly placed and citizens were not allowed to speak until after the Board made their decision. He stated that they were also led to believe that if the campground didn't get approved that the property would be sold to Ho-Chunk. He was not against development, he just wanted in controlled. He also felt that the owners had no construction experience. Back taxes were do so they may have to cut corners in the campground construction. He wanted the township to require developer agreements and impact fees. He asked that the decision be postponed.
Ms. Angela Durham appeared in opposition. Her in-laws moved to the country for peace and quiet.
Ms. Margaret Durham appeared in opposition. She was concerned about increase in traffic, walkers, joggers, smoke from campgrounds, litter and garbage, noise from vehicles, alcohol and campers getting out of control. She was also worried about losing ground water if high capacity wells were drilled.
Mr. David Cunningham spoke in opposition. He said there were a lot of issues relating to the campground and if the project starts and fails the property will already be rezoned.
Mr. Michael Durham appeared in opposition. He stated that this would put a drain on services. County P would need to be repaired because of the heavy traffic. There would be air pollution, trash blowing around and a strain on the water supply to the area.
Ms. Susan Grossenbacher, Mr. James Jejowski, and Ms. Cheryl Burnett registered in opposition.
Ms. Mary Melton appeared in opposition. She was concerned about the access, violations and problems with traffic.
Ms. Deanne Borleske and Ms. Carolyn Hitchcock registered in opposition.
Ms. Mary Yeakel registered in opposition.
Ms. Virginia Metcalf lives at Christmas Mountain and appeared in opposition. She said that Christmas Mountain has 8 high capacity wells with one more going in. She wanted any decision put on hold until a comprehensive plan is in place.
Mr. Duane Brooks, Town of Dellona Chair appeared next and stated that the town meetings had been properly posted. He addressed any concerns regarding a septic system by stating that there would be more problems with a subdivision. He stated that he had not seen the covenants and did not give any opinion until he does.
Ms. Cheryl Giese appeared in opposition. She presented a petition signed by 118 people and 29 letters in opposition. She stated that the Town of Dellona has not addressed all the issues. She requested that the petition be denied.
Mr. Hanson appeared again and addressed comments regarding his experience.
The public portion of the hearing was closed at 12:35 p.m.
Ms. Ashford was concerned about the procedure of rezoning a property before and use was approved. She stated that she could not support a rezone with all the unanswered questions.
Mr. Gaalswyk stated that he had voted against this rezoning a month ago and the reasons were still there. He also stated that he felt the Town did not listen to its citizens.
Mr. Wiese did not want to vote against the town board.
Mr. Sprecher stated that they did not have a chance to review the covenants. A motion was made by Sprecher, seconded by Wiese to postpone a decision until they had time to review the covenants. Ms. Ashford asked how the Committee was going to get more information than they already had. Mr. Wiese asked how binding the covenants would be. Mr. Sprecher felt the Committee needed a legal opinion before they continued.
Brian Simmert stated that a report does not need to go to the County Board immediately after making a decision. The owner needed time to prepare the covenants. Given the owner time to prepare the covenants.
Ms. Ashford did not want this decision to go back to the Committee and making a decision without anyone there.
Mr. Sprecher asked if another public hearing was needed. Ms. Ashford stated that a decision should be made today.
Mr. Lehman felt the township should review the covenants.
Mr. Gaalswyk stated that he was opposed to the delay and reviewing the covenants would not change his vote.
The initial motion to postpone action pending further review was called.
Motion carried 3-2, with Gaalswyk and Ashford in opposition.
Motion by Lehman, seconded by Ashford to adjourn until August 10, 2004.
Motion carried.
Respectfully submitted: Judy Ashford, Secretary