Planning & Zoning Committee Meeting Minutes


DATE: November 23 , 2004

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

Others Present: Lance Gurney, Mary White, Ted Brenson, Lowell Haugen, Frank Cook, Brian Simmert, and Todd Liebman.

Vice Chairman Lehman called the meeting to order at 9:00 a.m. and staff certified the meeting had been properly posted.

Motion by Sprecher, seconded by Gaalswyk to adopt agenda as submitted.

Motion by Gaalswyk, seconded by Ashford to approve the minutes of the November 8, 2004 Committee meeting. Motion carried.

Communications: Mr. Gurney distributed information submitted by Tom Kriegl, Terry Turnquist, Town of Ironton, Town of Franklin, Town of Spring Green and the Town of Prairie du Sac regarding items on today's agenda for discussion.

Business Items: None

Mr. Ted Brenson, County Cartographer, then appeared. He stated that county maps are currently up to date. The maps are totally digitized and the department was updating Auto Cad for the Planning and Zoning, Mapping and Land Conservation Departments. He felt this would decrease the amount of traffic in the building. He then reported on the 10 county proposed consortium for new mapping. He stated that right now there was no contract for this program but he planned to bring in a resolution in January to finalize the project. Projected municipality cost estimates were discussed.

Mr. Brenson presented his voucher list. Motion by Sprecher, seconded by Ashford to approve the vouchers in the amount of $178.85. Motion carried.

There were no reports from the Register of Deeds or County Surveyor.

Mr. Gurney then gave a monthly report on his department. He reported on meetings held regarding the Ritzenthaler property in the Town of Delton. He stated that the developer was aware of city requirements such as a 66 foot right of way, connections to bordering developments and a community septic system was to be included in any development.

The next item for discussion was a request by Frank Cook to reduce the minimum width of an access easement from 66 feet to 40 feet wide in the Town of Greenfield. When the easement was originally done it was approved for 40 feet and the Planning and Zoning Committee is the only agency that has the authority to approve a change. Mr. Gurney stated that he had received comments in opposition to the request by Terry Turnquist and Tom Kriegl. This property is within the extra-territorial jurisdiction of the City of Baraboo. The location of the easement was not an issue. The City of Baraboo requires all access easements to be 66 feet. This access was for field access and access to lot #2. Mr. Gaalswyck asked if there was a hardship in providing the full easement. Mr. Cook stated that it would use up more farm land. Mr. Sprecher asked who held the easement and it was determined that it was Frank Cook Junior and Senior. Future divisions were discussed. Ms. Ashford asked if it could it be changed at a later date. Ms. Ashford didn't see any problem with leaving it the way it is now. Motion by Ashford, seconded by Sprecher to approve the request to reduce the minimum access of 66 feet to 40 feet for an easement. Motion carried 3-1, with Gaalswyck in opposition.

Mr. Lehman called the public hearing to order and the notice was read at 9:50A.M.

Petition # 27-2004 - A petition for approval of a rezone from Agriculture and Recreational Commercial zoning districts to a Single Family Residential zoning district for the purpose of establishing a proposed subdivision in the Town of Baraboo. The property is owned by Tom and Darla Kuester, PO Box 27, Rock Springs, WI 53961 but are represented by Deane Oleszak, agent. The proposed subdivision is inclusive of 81 individual lots for single family residences. The parcel of land affected by the rezone and plat request is located in the SE of the SE of Section 11, T11N, R6E in the Town of Baraboo, Sauk County, Wisconsin. The property borders STH 123 and the commercial establishments of Hooty's and Farm Kitchen.

Mr. Lehman explained the order of the hearing and members of the Committee were introduced.

Mr. Brian Simmert, Planner, appeared and gave the staff report and recommendation of postponement until the Town of Baraboo Board takes action on the proposed rezoning. He noted that the Town Plan Commission had approved the rezone.

Mr. Lehman questioned a letter received from the City of Baraboo stating that sewer would be provided but not city water service. Ms. Ashford stated that the city was requesting no cul de sacs and the concept plan showed five. It was noted that there would be significant changes to the concept plan before final approval and the Committee was just dealing with the rezone at this time.

Ms. Deane Lisa Oleszak appeared in favor. She explained that she owns Silent Night Homes which builds nature oriented log homes. An RV park was first considered for the site and the owner decided to go with high end, affordable housing. Water service was discussed. She stressed that owners would be purchasing a "package" of the lot and a house and garage. This would eliminate building going on for years.

Mr. Jim Michaels then appeared in favor. He said that he had started this project in April with the town. The campground adjoining the property was briefly discussed. He felt the subdivision and campground would fit together well. Ramaker and Associates will be going developing the storm water and roads issues and the concept plan will be changed as the project develops. Mr. Michaels stated that they had plans to drill one well for 81 residences which would eventually be turned over to the city. Discussion followed on well ownership. There were plans to be sure that each home was completed in a timely manner.

Seeing that no one else wished to speak, Vice Chair Lehman closed the public portion of the hearing.

Mr. Gaalswyk stated he wanted to hear from the town before making a decision. Motion by Gaalswyk, seconded by Ashford to postpone a decision on this request until the Town of Baraboo has considered the rezone. Motion carried, 4-0.

The Committee reconvened in regular session following the hearing.

Mr. Todd Liebman, Corporation Counsel then appeared to discuss an amendment to the Sauk County Tower Siting Ordinance. Mr. Liebman stated that there appeared to be misconceptions regarding this ordinance and whether or not the County is subject to is own rules. He stated that although it is not a bad practice the County should not have to go the BOA for project proposals. County decisions are considered public decisions for the good of its citizens. The original Chapter 23 was discussed. The Committee was concerned about the timing of this amendment. Communication towers in exclusive ag. And resource conservancy-35 districts were discussed. Mr. Sprecher asked how the Committee could approve the amendment when the towns that have reviewed it are in opposition. No Committee action was discussed and Mr. Liebman stated that it would still go to the County Board. County control of county owned property was discussed.

Motion by Ashford, seconded by Sprecher to take no action on this amendment. It will still be going to County Board. Motion carried, 4-0.

Mr. Dave Tremble, Land Preservation Specialist, appeared and presented an amendment to the Baraboo Range Protection Plan. He explained how $250,000. In addition funds provided by the Highway 12 MOA could be used to augment the Baraboo Range Protection Program. This funding would be used for properties whose boundaries overlap the Baraboo Range Protection district or lie adjacent to and contiguous with lands in the program.

Motion by Gaalswyck, seconded by Ashford to approve the proposed amendment. Mr. Tremble explained that there were many misunderstandings regarding this money and what it was being used for. Motion carried, 4-0.

The Committee then reviewed the Planning and Zoning Department vouchers. Motion by Ashford, seconded by Sprecher to approve the vouchers in the amount of $6,577.20. Motion carried.

Motion by Gaalswyck, seconded by Ashford to adjourn to December 14, 2004. Motion carried.

Respectfully submitted,

NOTE: Motion by Sprecher, seconded by Gaalswyck to approve the minutes of the November 23, 2004 Committee meeting as submitted. Motion carried .

Judy Ashford, Secretary