Planning & Zoning Committee Meeting Minutes


DATE: August 23, 2005

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

Others Present: Lance Gurney, Mary White, Lowell Haugen, Brian Simmert, Pat Dederich, Roman Statz, Steve Pate, Brent Bailey 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 Sprecher, seconded by Gaalswyck to approve the agenda.
Motion carried 5-0.

Motion by Ashford, seconded by Gaalswyck to approve the minutes of August 9, 2005 meeting.
Motion carried 5-0.

Communications:

Mr. Gurney stated that he had received a letter from the town of Freedom regarding establishing an adult entertainment ordinance. It was unclear if this item had been referred to the Committee at the last County Board meeting. Mr. Gurney asked for direction from the Committee on how to proceed. The Committee agreed that Mr. Gurney and the Corporation Counsel should check into this.

Mr. Steve Pate, MIS, appeared and stated that his staff was still in the process of completing the public web site. He said that a test group of internal users and people in the business would be asked for feed back on the site. They were also working with numerous internal applications.

The Committee then reviewed the Mapping Department's budget. Mr. Pate stated that is was almost the same as last year except for Ted Brenson's salary. Department charge backs were reviewed. Motion by Lehman, seconded by Gaalswyck to approve the 2006 property mapping budget as presented.
Motion carried 5-0.

The land records modernization budget was reviewed next. Mr. Pate stated that he was hoping to use some summer interns to complete projects that had been on-going. Consulting fees were up considerably. Use of land record grants was discussed. Motion by Ashford, seconded by Sprecher to approve the land records modernization budget.
Motion carried 5-0.

Mr. Pate did not have any vouchers for review.

Mr. Brent Bailey, Register of Deeds, then appeared. Department work load was discussed. He stated that the Landshark internet access was ready to go. He presented a list of charges for the service. Index use would be free to the public with the issuance of an identification number. Credit cards and billing process was reviewed. This discussion and approval of charges would be continued at the next Committee meeting.

The Committee then reviewed the Register of Deeds budget. Mr. Bailey stated that he was very close to what was submitted last year. Motion by Ashford, seconded Gaalswyck to approve the Register of Deeds' budget.
Motion carried, 5-0.

Mr. Bailey did not have any vouchers for approval.

Mr. Pat Dederich, County Surveyor, appeared next. He reported that he did get cooperation from the Highway Department in supplying two flag men to assist with the Highway 12 relocation.

He stated that of the 67 corners needed, 40 were completed. Mr. Dederich briefly went over his budget with the Committee. He didn't feel he needed a relief worker and was requesting more for office equipment and supplies. Ms. Ashford stated that the Committee would take action on the Surveyor's budget at the next meeting when they had a printed budget to review.

The Committee then reviewed a rezone from an Agriculture to a Single Family Zoning District in the Town of Delton. This property was owned by Paul and Barbara Byrski. The Town of Delton had a public hearing and only adjoining property owner attended the hearing and no one spoke in opposition. Mr. Roman Statz, representing the Town of Delton, spoke in favor of the rezone. Motion by Sprecher, seconded by Gaalswyck to approve the rezoning in the Town of Delton from Agriculture to Single Family.
Motion carried 5-0.

The Committee convened in public hearing at 10:05 A.M.

The Committee was introduced and Mr. Weise explained the order of the hearing.

The first petition to be heard was Petition # 4-2005 for approval of a rezone from an Agriculture zoning district to a Single-Family zoning district for the purpose of establishing a residential subdivision within the Town of Baraboo Sanitary District. The request is being made by Mary Gall/ David and Tari Miller with Steve Knaus acting as agent. The parcel of land affected by the rezone is located in Section 12, T11N, R6E in the Town of Baraboo, Sauk County, Wisconsin.

Mr. Brian Simmert appeared and gave the staff report. The Town of Baraboo has reviewed the proposal and recommended approval. The Baraboo Sanitary District #1 would be able to provide service to this area. Mr. Simmert also stated that this rezoning was consistent with the County 20/20 Plan. He gave the staff recommendation of approval.

Mr. Nathan Sievers, representing Steve Knaus, appear in favor. He stated that the staff report covered just about everything. Mr. Lehman asked if they anticipated any problems with the roads. Mr. Sievers stated that the road locations could possibly be changed on the final development and they were working with DNR on crossing a stream in the area. Access was discussed further.

Ms. Jodi Marsh registered as interest may appear, but did not wish to speak.

Mr. David Miller registered in favor, but did not wish to speak.

Ms. Mary Gall, property owner, registered in favor, but did not wish to speak.

Ms. Darlene Hill, Town of Baraboo Chair, appeared in favor. She stated that this was one of the few places left in the Town that could be developed because of the City of Baraboo and Village of West Baraboo policies and jurisdiction. This property will be part of the Baraboo Sanitary District.

Mr. Dal Drummer appeared as interest may appear. He grew up on the adjoining farmland and was concerned about the wetlands and wildlife. He was also concerned about the added traffic on Gall Road and impact on the creek. The sanitary district nearing capacity was discussed.

Mr. Lance Gurney, Planning and Zoning Director, then appeared. He explained that the roads shown in the staff report could be for future access to surrounding property. There will be open space to protect the wetlands and stream. New storm water rules have gone into effect requiring that 90% needs to be infiltrated into the site and 100 year storm events need to be considered. Mr. Gurney stated that this will be reviewed as part of the development stage approvals. Ms. Ashford questioned if the Baraboo Sanitary District could handle this increased use.

Seeing that no one else wished to speak, Chairman Wiese closed the public hearing portion. Motion by Gaalswyck, seconded by Ashford to approve the rezoning of the Mary Gall/David and Tari Miller property from Agriculture to Single Family zoning.
Motion carried 5-0.

10:20A.M. - Chairman Wiese called the second hearing to order.

The next petitions to be heard were Petition # 06-2005 and Petition # 07-2005- for approval of a development plan and subdivision plat in the Town of Baraboo by Tranquility Land Development, LLC, c/o of Jim Michaels, agent. The proposed subdivision is inclusive of 81 individual lots for single family residences, five outlots, and provisions for on-site storm-water storage facilities and shared water systems. This proposal is located within the Town of Baraboo Sanitary District, and as such will be served by a public system for sanitary waste. The land is currently zoned as Single-Family Residential and is located in Sections 11 and 14, T11N, R6E in the Town of Baraboo, Sauk County, Wisconsin. The property contains 61.43 acres more or less.

Mr. Brian Simmert, appeared and gave the staff report. He also distributed an addendum with the staff recommendation of approval with conditions.

Mr. Lehman noted that the development would have municipal sewer, but not municipal water. This will be a shared well system.

Mr. Daryl Matzke, an engineer for Ramaker and the project manager, appeared. He stated that there have been extensive meetings to get to this point. He addressed the well issue. He stated that the northern 2/3 of the site was in glacial till and the rest is considered hard rock. They have considered instead of having 4-6 homes on one well as in glacial till, in hard rock possibly only 2-3.

Mr. Jim Michals, representing Tranquility Land Development, registered in favor.

Deane Oleszak, representing Silent Night Homes, registered in favor, but did not wish to speak.

Ms. Darlene Hill, Town of Baraboo Chair, appeared. She stated that the Town of Baraboo had approved the project unanimously.

Mr. Rich Peczkowski, representing Devil's Lake Amusements, appeared as interest may appear. He stated that this was the first time he saw a map of development. His property borders the development proposal and he was considering increasing the size of the go-cart track. He stated he didn't want any future problems and he had an access easement between Hooties and the Farm Kitchen. This was his only access to his property. He needed to put in a new well and this easement would be needed for the well driller to access his property. He stated that there was a fence built between his property and Nordic Pines and he didn't want to have to build one between his property and the log homes.

Mr. Dal Drummer appeared in opposition. He felt that between the go-carts and Hooties this was not a "tranquil" area. He was concerned about the pollution and runoff that 80 homes would add to the area. Mr. Gaalswyck stated that that he was sympathetic to his concerns, but it was noted that Mr. Drummer had not attended the Town of Baraboo meetings.

Mr. Jim Michaels appeared again and stated that there was little or no opposition at the Town of Baraboo meetings. He stated that this development would be an asset to the Town. Mr. Gaalswyck asked about the access easement for Devil's Lake Amusements and Mr. Michaels stated he was not aware of any such easement.

The size of lots was discussed as well as the location, adjacent to the State Park.

Mr. Daryl Matzke also appeared again. He stated that he had been in contact with Mr. Kuester, part owner of the property, and Mr. Mercer, attorney for the owners, and no access easement had been brought to his attention. He stated that they had planned a landscape buffer around the property. He also stated that the development would be good for the existing businesses in the area. Trees would only be cleared as necessary and codes would be followed as far as storm water runoff. This development would be an upgrade from the existing conditions, notability the Funland property.

Ms. Darlene Hill reappeared and was glad the Funland Park property would be cleaned up because it has been an eyesore for many years.

Mr. Dal Drummer reappeared. He asked if the homes would have fireplaces. He stated that the DNR recognized that smoke from wood fires in the area was already a problem at times.

Mr. Gurney appeared and provided an historic account of public hearings and the comprehensive planning process.

Ms. Olezak, building contractor, appeared. She explained some of the amenities of the homes and that all log homes would have gas fireplaces. She also stated that this development would help with the local tax base.

Mr. Rick Peczkowski reappeared and stated he was not against the development. He just didn't want to have any problems later. He was worried there would not be enough noise buffer and the easement could be a problem.

Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 11:50 A.M. Motion by Lehman to postpone the decision one month to find out more about the easement. This motion was lost due to lack of a second. Discussion followed regarding the easement. Mr. Wiese stated that he would rather see nice homes instead of trailers in the area.

Ms. Ashford felt they had done everything required and made a motion to approve the development plan with the following conditions:

  1. All swales and any other structure utilized to meet infiltration requirements shall be re-worked to function as intended for infiltration after the installation of roads and stabilization of all construction areas.
  2. That a clause be added to the covenants indicating an undivided fractional ownership of outlot # 1 parkland, and outlots # 2 and 3 storm water detentions areas.

Motion seconded by Gaalswyck.
Motion carried 5-0.

Motion by Gaalswyck, seconded by Ashford to approve the preliminary plat.
Motion carried 5-0.

The Committee then reconvened in regular session.

Mr. Gurney had no monthly report.

The Planning and Zoning Department, Baraboo Range and Board of Adjustment budgets were briefly reviewed. They had been discussed at the previous meeting with no changes. Purchase of development rights was discussed. Motion by Ashford, seconded by Gaalswyck to approve the Planning and Zoning, Baraboo Range and Board of Adjustment budgets as presented.
Motion carried 5-0.

The Committee reviewed the department's vouchers. Motion by Gaalswyck, seconded by Lehman to approve the vouchers as presented.
Motion carried 5-0.

Mr. Gurney stated that there would be a public hearing at the next Committee meeting regarding the transfer of property to Peck.

Motion by Ashford, seconded by Sprecher to adjourn.

Respectfully submitted: Judy Ashford, Secretary