Planning & Zoning Committee Meeting Minutes


DATE: October 11, 2005

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

Others Present: Lance Gurney, Brian Simmert, Steve Pate, Gina Templin, and others.

Chairman Wiese called the meeting to order at approximately 9:00 a.m.

Motion by Ashford, seconded by Gaalswyck to adopt the adgenda as submitted.
Motion carried 5-0.

Communications:

Gurney spoke of communications that would be discussed at the public hearing.

No business items.

The Mapping Department Monthly report.

Pate spoke of the GIS project and web site page and intends to have something available by the end of the year, but right now they are taking the system and making it more user friendly for the general public. He also spoke of the parcel map updates and presented vouchers in the amount of $529.60. Motion by Gaalsywk, seconded by Ashford to approve the vouchers for the Mapping Department.
Motion carried 5-0.

Register of Deeds and Surveyor did not appear.

Planning and Zoning Monthly Report.

Gurney spoke of the comprehensive planning grant updates for additional communities. He then reviewed the WCCA conference which will be attended by himself and Brian Cunningham. He also reviewed the Land Trust Rally where Brian Simmert will review the BAAP plans, as well as other staff and himself attending other outside meetings including the Towns Association meeting.

Gurney then reviewed the final plat by Mark Pelton in the Township of Winfield, and the issues that have taken place due to the State Stat requirements that the final plat be recorded within 30 days, which Mr. Pelton was not able to do. Motion by Sprecher, seconded by Ashford to approve the final plat as presented and requested by Mark Pelton.
Motion carried 5-0.

Discussion then followed regarding the Final Plat for Phase I of a subdivision in the Town of Baraboo, requested by Jim Michaels and Dean Oleszak, Tranquility Subdivision. Gurney then reviewed the phases and spoke of green space/park space requirement that was worked out with the Township. He also spoke about access to the go-cart facility that was discussed during the public hearing and the developer has addressed that access. Other issues that were addressed is the 3 Little Devils setback increasing for the purpose of residential property next to rec-commercial property. Motion by Gaalsywk, seconded by Ashford to approve the final plat for Phase I of Tranquility Subdivision.
Motion carried 5-0.

The Public Hearing started at approximately 9:30 a.m.

A. Petition #18-2005 - to consider an amendment to the Sauk County Agricultural Preservation Plan referred to as the "Third Addendum" which represents a step in a process to offer Planned Unit Development options in Sauk County. The PUD will offer landowners in Sauk County's rural areas an opportunity to create small (clustered) lots at a specified density in exchange for a PUD Preservation Area Easement. The two types of PUD's include the conservation subdivision and cluster development.

Brian Simmert, appearing in favor of the request spoke of the noticing requirements, include all neighboring counties, villages, cities and townships. He then reviewed the staff report and history of the request and the two types of planned unit developments, as well as the opportunities this type of program will allow for town's. He spoke of the comprehensive planning projects that have been adopted as well as the ones that are currently in process, the feedback that was provided by the communities during the planning projects and the need for some type of program that will allow for the full implementation of their comprehensive plans. Sauk County's program is a minimum base standard and the townships have ability to take this as a base and expand on it and currently ½ of the Townships that have completed their comprehensive plan have requested this type of opportunity.

Simmert then spoke of a conservation subdivision and what is all included in that, which is 4 or more lots within a 5 year period with a conservation element that goes along with the splits. He then spoke of the open space requirement, density, and preservation areas. He then defined transition areas versus development areas.

He then reviewed a cluster development which is not more than 3 lots created in a five year period and the density requirement for a clustered development, negating the need to sell 35 acres for development, as you would need to do now. He reminded the committee that the Towns that choose to utilize this base for development would need to adopt it and have it included in their plans. He also informed the committee that they would ask that the Wisconsin Land and Conservation Board to certify the "Third Addendum", the County would revise its subdivision plan, along with the implementation process and monitoring. He concluded with the staff recommendation of approval and the fact that it is important to recognize the history of this request, the 20/20 plan, and that several townships have specified the need for this type of program.

Lehman asked about a 70 acre farm with an existing set of buildings, how many splits would you be able to make. Simmert explained the farm consolidated lot if the Town chooses to make that split use a credit, but it is up to each township to decide if they would like the farm consolidation to be included in this type of program.

Linda Borleske, appearing in favor of the request, stated that she is representing the Town of
Reedsburg Plan Commission and the Sauk County Land Conservation Committee. She feels that the addendum to the Sauk County Ag Preservation Plan is an important tool and has been included in their approved Comprehensive Plan. She spoke of a current issue the town is having with a property owner where this type of program would be beneficial and request that the Committee votes in favor of the request.

Jon Peterson, appearing in favor of the request, stated that he is in the position where he doesn't want to sell 35 acres, but has family interested in purchasing property and this would allow him to sell a smaller parcel without giving up a large amount of farmland. He did have questions on the easement and the amount of land the easement would entail and stated that 35 acres is not saving the farmland. He concluded with recommending that the Committee approve the request.

Terry Turnquist, appearing in favor of the request, stated that he is representing the Town of Greenfield and the plan gives the township as well as the landowners a very important option. He also stated that the Town does have this option in their Comprehensive Plan which is nearing completion, as well as the survey filled out by the landowners requesting the clustering option. He concluded by saying that his town needs a program of this type and is asking the Committee to approve the request.

Ed Brooks, appearing in favor of the request, stated he is the Chair for the Town of Reedsburg, spoke of his representation on the Working Lands Task Force and feels that they believe this is very important to save the prime farmland and allow for the option to keep the zoning, yet provide for an option of clustering. He asked that the Committee pass this request, as the Town of Reedsburg feels this is important and is very needed.

Greg Fauerbach, appearing in favor of the request, stated that he is not speaking as a business person, but a person concerned about conservation. He spoke of park areas and the fact that they are not conducive to agriculture and feels the parameters are there for adequate park area and increase the value of rural life. He stated that he also feels without this plan he sees monster homes built anywhere in the middle of farm fields with poor planning and poor architecture and feels people need to be nudged into doing what is right.

Mike Stanek, appearing in favor of the request, stated he is representing the Sauk County Land Conservation Department and spoke of his experience with the Sauk County Farmland Preservation Program and the need for a PUD option to Exclusive Ag zoning and feels it is the best change that could happen in reference to the Farmland Preservation Program. He spoke of the staff hours spent in his office on related issues when it comes to homes built in the country versus manure spreading, field work being done late at night, etc. This will also help retain the features that make Sauk County unique and will help farmers farm by being able to save their prime farmland. He also feels this may help other townships that are very rural that do not have the zoning and tools that this PUD would provide, possibly choose this type of zoning and options for their towns.

Marcus Wenzel, appearing in favor of the request, stated he is representing the Town of Honey Creek, stated that he has the prime farmland and feels the Town has been a leader in the land use planning. He also spoke of their comprehensive planning efforts and that fact that this program is contained within their comprehensive plan and are just awaiting for the approval of the county plan so they can complete their plan and have the option that this provides. He said that one of the biggest complaints they get is putting large homes right in the middle of 35-40 acre parcel and it is nothing but an eyesore. He requested that the committee help the farmland in Honey Creek and encouraged the board to pass this request.

Brian Kindschi, appearing in favor of the request, representing the Town of Sumpter, spoke of enforcement on these types of things and how tough to be. He is interested in how difficult it will be to defend the farmers and their land use plans. Previously anyone could do anything. Right now, you can't do anything depending on which stage of your career you are in. This program allows for some type of compromise and the Town of Sumpter request that it be approved.

Randy Puttkamer, appearing in favor of the request, stated that he is a supervisor for the Town of Baraboo, spoke of the Highway 12 Growth Management Plan and the Towns adoption of a density based land use plan, allowing for people to develop lots less than 35 acres and cluster development with the requirement of an easement. This will provide the land owners with other opportunities to develop land properly and more desirable to the Township. (It is also a tool for the present agriculture the opportunity to develop). He also spoke of the development that surrounds his farm and concluded with the recommendation from the Town of Baraboo to adopt the request.

Lehman asked about the City of Baraboo 3 mile ET and would a farmer need approval of the city to sell 3 lots. Puttkammer stated that everything right now would have to be approved by the City if you are located within the 3 mile ET area.

Phil Craker, appearing as interest may appear, stated he is representing the Town of Winfield, stated that his town is not Exclusive Ag and that is why because they like to allow people to build wherever they want, but would be in favor of this request because the people who do have Exclusive Ag zoning need some options and clustering is a good idea, one that the Town already has themselves.

Lance Gurney, appearing as interest may appear, spoke of written correspondence for inclusion in the record. The letters are from Paul Dietman - UW Extension, LaNelle Jaquish, Steve Luther (member of the Farm Burreau Board and the Town of Greenfield Planning Committee), and Joe Prem from the Town of Franklin, all requesting approval of the program as well as urging the Land and Water Conservation Board to approve the plan as well.

Gurney then spoke of the largest industry in Sauk County being the farming industry, as we are in the top 10 in the State of Wisconsin. He spoke of the Farmland Preservation Program in Sauk County and the continuous butting of heads with the development industry and in terms of the program that we had before compared to what is proposed now, this is a long time coming. He also spoke of the 20/20 plan process and adoption which provided directives to Sauk County, first updating the ordinances, which has been completed, then to create new districts to provide for new options and alternatives, which is being worked on, and the third one is to work with local municipalities to create and adopt plan, which is also in progress with the local comprehensive planning processes. He also spoke of the ability this will provide for each township to make decisions based on what will be the best for their town and gave examples from some townships that have completed their comprehensive plans and the decisions they made as to what may be best for them depending on their own issues. He then explained the easement issue part of the program and the ability for the option as to what the town feels suits them the best. He concluded with the economic impact that a program such as this could have for the agriculture industry in Sauk County, not only in the value of the land but the ability to upgrade their farms, as well as allowing for the ability for new farmers to get into the industry. He reviewed what the committee is being asked to do today and spoke of the resolution that does not ask for approval of the plan, but that they have considered the program, feel it is a benefit and are urging the Land and Water Conservation Board to approve this program as well as the ordinance that will accompany it.

Lehman stated that if we allow more homes to be built in rural areas, we are going to have more conflicts with modern day agriculture and is in favor of statewide animal siting requirements. He also stated that he doesn't want to see local townships be ruled by non-farming boards.

Gurney stated that random siting is a huge concern and is not what this program intends to do. He explained some of the development guidelines and buffer requirements that townships have made that would accompany this in lieu of potential conflicts between ag and non ag landowners. He also stated that the Town of Honey Creek and Prairie du Sac have addressed those issues in a requirement that will have to be put on every certified survey map and the right to farm law. In addition to that policies have been created that a welcome folder will be given to every new land owner in what they may expect in rural living and an opportunity for locals to become more active in reducing potential conflict between farms and development.

Ashford thanked Gurney for the hard work that went into the plan and asked about the discussions between the County and the Land and Water Conservation Board and what they need from us. Gurney stated that the certification process at this point, for the past year staff have been in contact with members of DATCP and trying to get in front of the Board for certification by the end of this year. He spoke of the presentations by staff to the actual board being very well received and high interest in the program by the Board, however, at this point staff are still in ongoing discussions with DATCP staff in what they feel is an appropriate application to send forth to the Board. He mentioned that the misconception is that the Board hears all applications that comes forth, however, it doesn't work that way and staff have the ability to determine what the Board gets to act on and what they don't, which is what the County is trying to resolve for the last 9 months. He also stated that his commitment to the Towns and people of Sauk County is to deliver this program by the end of this year and if we are not able to move this process forward through the state with certification, we will come back to committee with a revision that will not require state approval.

Lehman asked if it would pay to call Dave Jalinski on this. Gurney stated that it would not hurt, as a committee member that has oversight.

Greg Fauerbach, reappearing, asked if there is any wiggle room if this clustering and conservation subdivision concept is a success, is there going to be any room to allow more rural lots.

Gurney, reappearing, addressed Mr. Fauerbach's question, provided an example from the Township of Troy, which is currently going through their comprehensive planning process, through the application of their density program (which currently is the most restrictive), they have the potential to add 240 new lots through the complete application of the clustering program in their Town, which will double the population of their Town. He also spoke of the projections and the history of development in the Town of Troy, which averages out to about 3 new homes a year. He then spoke of the reality that Sauk County will see the potential for thousands of new lots and feels that this program provides for more housing opportunities for people of all income ranges. He also addressed Mr. Fauerbach's conservation background and that the program is geared towards not only protecting farms, but protecting the natural features of the land that are an important part of the rural character that are important to towns.

Brian Kindschi, reappearing, stated that he isn't disagreeing with anything that has been said, spoke of financial aspects of farmers and selling capital to make capital.

Seeing as no one wishes to speak, Chairman Wiese closed the public portion of the hearing at 11:00 am.

Sprecher stated he had the pleasure of accompanying Lance and staff at their presentation to the State and everyone should be very proud of the work and effort put into the plan. He also thanked the Towns that had shown up to speak today and the efforts that have been put into the local plans.

Motion by Sprecher, seconded by Gaalsywk, to approve petition 18-2005 requesting the certification of the Third Addendum to the Sauk County Agricultural Preservation Plan the Wisconsin Land and Water Conservation Board at their December 6, 2005 meeting.
Motion carried 5-0.

Motion by Lehman, seconded by Gaalsywk to adjourn.

Respectfully submitted: Judy Ashford, Secretary