Planning & Zoning Committee Meeting Minutes


DATE: October 26, 2004

Committee Members Present: Lehman, Ashford, Gaalswyk, Sprecher, and Wiese.

Others Present: Lance Gurney, Gina Templin, Brian Simmert and Dave Tremble. See registration slips for those registered for the public hearings.

Chairman Wiese called the meeting to order at 9:05 a.m. and staff certified the meeting had been properly posted.

Motion by Sprecher, seconded by Ashford to adopt agenda as presented. Motion carried.

Motion by Gaalswyk, seconded by Lehman to approve the minutes of the October 12, 2004 meeting. Motion carried.

Communications: Gurney spoke of an issue in the Town of Reedsburg, property owner Larry Mundth, whereby there was a duplex on the property when they purchased the property, but the previous owner never went through the proper channels to legally have a duplex. The staff is requesting the property owner to go through a rezone for the property, similar to Linda White's appeal. Gurney informed the staff that the Town is requesting that the county waive all public hearing fees. The committee discussed the waiving of fees and the problems with setting a standard or making policy if they waive fees and feels that the fees should be charged.

Gaalswyk spoke of a 60 acre parcel on Horseshoe Road where there are 2 lots on the 60 acre parcel and the owners have an opinion from Gurney on reconfiguring lot lines and such and the owners questioned how you can take a CSM that shows 2 lots and then change the placement around. Gurney stated that in ordinance and 236 State Stats there is an exemption between adjacent landowners if no new lot is created. he also discussed issues with that being that they maintain access and all property is done whereby the net and gross acreage conforms to what it was before.

Gaalswyk questioned the tower proposal in the Town of Spring Green. Gurney spoke of the current ordinance and informed the board that an ordinance amendment was adopted through the communications committee, forwarded to corporation counsel. Gurney informed the committee that his standard practice is to send the memo along with the ordinance to the towns affected by it to inform them of what is being proposed. Gurney stated he felt the committee was trying to bypass town review to allow for an ordinance to exempt the county of having to follow through on the ordinance with local review. Gaalswyk spoke of his concern on how the community has been treated by the CIC committee.

Business Items: None to report.

Departmental Updates: The committee reviewed the vouchers from the Mapping Department. Motion by Ashford, seconded by Sprecher to pay the voucher for the Mapping Department in the amount of $632.02. Motion carried.

No information was provided from the Register of Deeds Department.

Gurney spoke of a telephone call from Joseph Hasler and he would not be able to present information to the committee for item B (under monthly reports for the Planning & Zoning Dept.), which will be withdrawn from the agenda again.

Gurney then discussed the WCCA meeting that he and Brian Cunningham had attended in Green Bay, WI., and provided an update on the comprehensive planning processes in motion around the county, and the regional session to be held in conjunction between the County, Town of Baraboo, City of Baraboo, and the Village of West Baraboo to be held on December 8, 2004. He also discussed the conflictual comprehensive plans between the Spring Green Town and Village municipalities. Gaalswyk spoke of the Town of Spring comprehensive meeting and issues raised and discussed.

Gurney then discussed the Kohler request for a subdivision in the Town of Delton and the fact that a recommendation of denial would be given from the Planning & Zoning and Land Conservation staff because of not addressing stormwater issues and the developer is very willing to work with and do what it takes, but the engineering firm is not providing what it needs to.

Gurney provided the committee with a proposed schedule for the 2005 meeting dates and asked for approval at the November meeting and reported that another Badger meeting is scheduled for Wednesday, November 27th, and concluded with giving the balance to the revenues the department is taking in for permits.

The committee reviewed the Final Plat for Bluffview Village for 50 lots under Petition 04-2004 by Rick Richard. Gurney gave a brief background of events leading up to this request.

Attorney Bill Greenhalgh, representing Rick Richards, spoke of the finalization of the developers agreement between the town and county, which will be hand delivered to the Planning and Zoning Office today. He also spoke of the restrictive covanences, sanitary district agreement, the filing of articles of a homeowners association, and access to certain lots that will be used for light commercial purposes along the Hwy 12 corridor and an easement associated with that.

Gurney spoke of the language provided for the outlots and the issue of the wells and the DNR approving a connection to the utility district to connect to Badger's system. However the current DNR code requires more than 50 homes have an adequate backup supply and before the plat could be approved, that backup has to be brought online. Rick Richards stated the 2nd well will be abandoned and everything is in place to move forward to connect to Badgers well system.

Lehman asked if the HoChunk get supply of the water at Badger. Richards stated that he is pretty certain that will not happen because of statements they have received from the GSA. Gurney

explained background of HoChunk request for the water supply and the denial of that to date, and the public need for the water supply, which will take prescendence.

Motion by Sprecher, seconded by Lehman, to approve the final plat for Bluffview Village. Motion carried.

Wiese called the public hearing to order at 10:05 a.m. and the board introduced themselves.

Templin read the public notice for petition #26-2004.

Brian Simmert appeared and provided the staff report and give a history and background of the request and concluded with the staff recommendation of approval. Simmert informed the committee that this is only an amendment to their current town plan and is not a rezoning application.

Darlene Hill, Chair, Town of Baraboo, appearing in favor of the request, feels Simmert did an adequate job on explaining the request and reviewed some of the discussion of the Town Board.

Lehman asked if the ag land is being farmed now. Hill stated she believes it is used for hay.

Lehman asked about Kuester's mailing addressed and where he lives. Hill stated he lives in Rock Springs above the coach house.

Wiese asked about the public hearing at the town board level and no one wishing to speak in opposition. Hill stated they don't complain until after the hearings are over with.

Steve Higgins, appearing as interest may appear, stated he just purchased the Nordic Pines campground, and is still operating that campground in the front property and wants to make the committee aware that he is planning on continuing the campground operation and the future connection to the city sewer. He continued to inform the committee of his operations and his intentions of future uses.

Ashford asked about the house that had a grocery store in it. Higgins stated they do not own that, but would like to. He continued to discuss his plans and what will need to take place as far as permits and such.

Gaalswyk spoke of a public hearing previously having land owners asking not to approve campground near residential areas and asked if housing adjacent to the campground presenting conflict to that housing area. Higgins stated that in the past, some of the operations did cause concern with residential areas near them. He discussed his future plans and feels it could work if there was some sort of boundaries and adequate space between the lot lines.

Ashford stated the difference between the 2 campground is the cabins (which are on the east side of the tracks), but the land next to Mr. Kuesters property is tents and campers.

Sprecher asked if there are any plans for expanding the camping area. Higgins explained. Darlene Hill, reappearing, stated that she is happy to see Mr. Higgins here because of the projects he is intending.

Gaalswyk asked about the towns feeling on how a campground can operate on residential zoning for the last 30 years. Simmert explained that the map they are referring to is for future land uses, not what the current zoning is.

Higgins, reappearing, stated that he had all the proper permits before anything was started, from both the town and county.

Sprecher asked about the fencing around the property. Higgins stated that he has not because someone else owns the go-cart now. His interest is that if they do the subdivision, he wants them to know he plans to continue with the camping, as they are today.

Lance Gurney, appearing as interest may appear, spoke about Mr. Higgins concerns and informed them of the process that will take place if this amendment is approved.

Lehman asked if Mr. Kuester's request is part of smart growth. Gurney stated this is an update to the current town plan as they update their comprehensive plan.

Seeing as no one wished to speak, Chair Wiese closed the public portion of the meeting at 10:50 a.m.

Wiese feels that in this case the campground is already there and the people that want to buy the lots have to accept that that type of land use is already there. If that is going to bother them then its not the place to build.

Motion by Sprecher, seconded by Ashford to approve the request. Motion carried.

The public hearing has been concluded:

The committee then discussed the approach to agriculture land and natural resource protection. Gurney explained staff's feelings on what direction the department should go in for protecting ag land. Tremble discussed the $250,000 if left in the air after the county board decided not to pass the Sauk County Protection Plan, and what it may be able to be used for in addressing the needs of people interested in a program such as the protection program.

Ashford asked about the restrictions when the money was granted. Tremble explained that it would be used for acquisition of land or land rights for permanent land protection outside of the Baraboo Range.

Gurney discussed with the committee the interest from other township in utilizing this grant, such as the Town of Sumpter.

The committee continued to discuss with Gurney and Tremble, other township's interest in utilizing the county funds if they take on a preservation program of their own if the county does not implement one, the state's involvement in the funding, and other alternatives.

Sprecher believes it would be important for the county to continue to look at alternatives to the failed Sauk County Preservation Program.

Gaalswyk feels it would be best to inquire about using for lands just outside of the Baraboo Range, because the pot is so small, starting a new program with just that funding would be too limited.

Lehman feels using the funding for property that falls just over the line for the Baraboo Range would be the best logical choice.

Wiese says he still supports the Baraboo Range program and would support using the funding for properties that lie around the boarders of the Baraboo Range.

Tremble then asked the committee how to integrate some sort of effective long term ag and natural resource protection.

Lehman believes the 35 acre rule doesn't work anymore. The committee continued to discuss land use problems and concerns.

The committee agreed to research the issue and provide more suggestions at future meetings and requested the Planning & Zoning to take the option to provide funding to those who have land bordering the Baraboo Range boundaries.

The committee then reviewed the vouchers with Gurney. Gurney explained the per diems paid out members of the comprehensive planning meetings, which is not supported by county funds, but state funds that are in. Motion by Lehman, seconded by Ashford to approve the vouchers as presented in the amount of $4,120.98.

Lehman requested moving the next schedule meeting from November 9th. Gurney suggested meeting at 5:30 p.m. Prior to the county board meeting. The committee requested Monday, November 8th for the next meeting.

Motion by Lehman, seconded by Sprecher to adjourn.

Respectfully submitted,

Judy Ashford, Secretary