DATE: September 25, 2007
Committee Members Present: Ashford, Gaalswyk, Sprecher, Wiese, Lehman
Others Present: Mark Steward, Brian Simmert, Mary White, Dave Tremble, Pat Dederich, and others.
Chairman Wiese called the meeting to order and compliance with the open meetings law was noted.
Motion by Gaalswyk, seconded by Ashford to adopt the agenda with item 10c changed to read Baraboo Range Fiscal Update. Motion carried, 4-0.
There was brief discussion regarding the proposed Spring Green rezoning.
Pat Dederich, County Surveyor, appeared with his voucher. He had one voucher for payment to Jaquish Land Surveying for upgrading monuments in the amount of $3550.00. Motion by Gaalswyk, seconded by Ashford to approve payment. Motion carried, 4-0.
Mark Steward then appeared and informed Committee he would be meeting with the Finance Committee tomorrow regarding the department's budget.
He stated that the City of Baraboo would be requesting RFP's for the Baraboo Dells Airport project.
He notified the Committee that he planned to send two staff people to a land use planning seminar. He took part of this seminar last year and found it very informative.
Lehman joined the Committee.
The Committee reviewed the Planning and Zoning Office vouchers. Motion by Gaalswyk, seconded by Ashford to approve the vouchers in the amount of $2,938.17. Motion carried, 5-0.
Dave Tremble gave a summary of Baraboo Range Protection Program funding and expenses.
The next item for discussion was the postponement of the Spring Green rezoning. Replatting or vacating the plats was reviewed. Town growth was discussed. It was decided to meet with the Town Board and Town Planning Commission.
Chairman Wiese called the PUBLIC HEARING to order at 9:35 a.m.
Committee members introduced themselves and the order of hearing given.
The first petitions to be heard were Petitions # 8-2005 & 9-2005 - Petitions for approval of a Development Plan and Preliminary Plat by Thomas Ritzenthaler, Poplar Meadows, LLC, in the Town of Delton, Sauk County, Wisconsin. The purpose of petition is to plat a subdivision encompassing 21 single family residential lots with a total development area of 40 acres more or less. The property to be subdivided is on Fox Hill Road in Section 15, T12N, R6E, Town of Delton, Sauk County, Wisconsin.
Brian Simmert, Planning and Zoning Staff Planner, appeared and gave the staff report as well as the recommendation of approval.
Tom Ritzenthaler, developer, appeared. He stated he has gone through all the necessary approval procedures. There would be individual septic systems and wells. City sewer was briefly discussed. Ritzenthaler said he was encouraging joint wells and septic systems.
Jamie Brandt, Team Engineering, representing the owner, appeared next. He produced the roadway plans, storm water management. and erosion control plans. DNR has approved the plans. Well depth and type of septic systems were questioned.
Marvin Giebel, Town of Delton chair, appeared next. The Town Board, as well as the Planning and Zoning Committee, has approved the plat. The DNR has approved the water runoff plan. Traffic was discussed and Giebel did not feel that would be a problem.
Larry Volz, member of the Town Board and Town Planning Committee, then appeared. He stated there were other subdivisions in the area and the land was poor for agriculture. Water tables were discussed. There was plenty of water because irrigation systems in the area had not caused a problem.
Jim Mathews, appeared in opposition. He lives on Fox Hill Road. He stated the area is broken up into large acre parcels. He was concerned about the traffic, soils for septic systems and wells. He stated he thought a subdivision should have a large community septic system.
Rich Burgess appeared in opposition. He was also concerned about traffic and water problems.
Jerry Harrison registered in opposition.
Tim Barnish appeared in opposition. He was concerned about traffic and water.
Frank Mosz also appeared in opposition. He stated that he could not walk on Fox Hill Road now because of heavy traffic. He was also concerned about water contamination.
Bob Brown, Baraboo Concrete, did not register, but requested to speak. He explained the reasons for heavy truck traffic in the area.
Seeing no one else wished to speak the public portion of the hearing was closed at 10:10 a.m.
Gaalswyk asked what basis did the Committee have to deny the petition. Town of Delton zoning was in effect.
Wiese stated that water and septic systems were approved at a different level. The Committee would only be approving what the Town of Delton had already approved. Truck routes were discussed again.
Motion by Ashford, seconded by Gaalswyk to approve both the development plan and the preliminary plat of Poplar Meadows in the Town of Delton. Motion carried, 5-0.
The next hearing was called at 10:15 a.m. It was a petition for approval of a rezone from Resource Conservancy - 5 to Single Family Residential for the purpose of establishing three residential lots by Virginia Ault. Landowner, c/o Harlan Olson. The parcels of land affected by the rezone are located in Section 8, T12N, R5E in the Town of Excelsior, Sauk County, Wisconsin.
Brian Simmert, gave the staff report and recommendation of approval.
Driveway access was discussed.
Ryan Olson, representing the owner, appeared in favor. A possible retention pond was discussed. Livestock would not be allowed.
Virginia Ault, owner, registered in favor but did not wish to speak.
Beverly Schuenke, registered in favor, and was planning to buy one of the proposed lots.
Byron Tetzlaff registered as interest may appear, but did not wish to speak.
Evelyn Tetzlaff registered as interest may appear, but did not wish to speak.
Marilyn Thiede, Chair of the Lake Virginia Management District, appeared and reviewed the drainage. The Lake District was concerned about run off from lot #1. Lots 2 and 3 have no problems. She was concerned about what lot # 1 would be used for. Retention ponds were discussed.
Gail Tassone appeared as interest may appear. She was also concerned about runoff. She questioned whether the Town considered drainage in their review process.
Virginia Ault, owner, appeared. The retention pond has been discussed before. There is a large farm in the area and she felt it was the owner of the farm that should be responsible for containing the run off.
Brian Simmert appeared again. He stated that the Committee was only acting on the rezone. Run off was from an off site source. Siting of the homes was reviewed.
Marilyn Thiede appeared again. The horse farm and retention pond were again discussed.
Public portion of the hearing was closed at 10:50 a.m.
Sprecher state the run off problems were not to be considered today. Motion by Sprecher, seconded by Gaalswyk to approve Petition #11-2007 to rezone the property from Resource Conservancy-5 to Single Family Residential. Motion carried, 5-0.
The third hearing, a petition to repeal and recreate the current Chapter 9 "Floodplain Zoning Ordinance" of the Sauk County Code of Ordinances, was started at 10:55 a.m.
Mark Steward, Planning and Zoning Director, appeared and gave the background information on this ordinance repeal and recreation. This is a public safety ordinance and recommendation was approval.
Wiese stated he would prefer to see what specific things in the ordinance were being changed. This was not done for this ordinance because it is a complete repeal and recreation. A State model ordinance was followed. The Corporation Counsel's Office prepares ordinances for review.
Larry Volz appeared and agreed that the changes should be shown. He stated that floodplain maps need to be defined better.
Seeing no one else wished to speak, the public portion of the hearing was closed at 11:05 a.m.
Motion by Ashford, seconded by Sprecher to postpone any action until the first meeting in October or until such time as changes in wording can be shown. Motion carried, 5-0.
The hearing for a petition to repeal and recreate the current Chapter 24 "Nonmetallic Mining Reclamation Ordinance" of the Sauk County Code of Ordinances was called at 11:10 a.m.
Mark Steward appeared and gave the background of the ordinance and recommended approval.
Automatic permitting of mines was discussed. The current ordinance repeatedly refers to NR 135. In this case a copy of the old ordinance should be available for County Board to review the changes.
Bill Scully registered as interest may appear.
John Traxlor registered as interest may appear.
Seeing no one wished to speak the public portion of the hearing was closed at 11:25 a.m.
Motion by Ashford, seconded by Gaalswyk to postpone any decision until the Committee could review the old ordinance. This should be available for the October 9th meeting. Motion carried, 5-0.
The next petition to be considered was a petition to amend the current Chapter 22 "Land Division and Subdivision Regulations Ordinance" of the Sauk County Code of Ordinances. The amendment will correct an oversight from the last amendment to this Chapter and will clarify that remnants of an original that are less than forty (40) acres in size be included as a lot on a Certified Survey Map.
Mark Steward appeared and gave a brief history and purpose of the request. Discussion followed on how the ordinance applies to land division.
Richard Blakeslee, a surveyor, appeared in opposition. He felt the cost would be much greater to the property owner.
Jack Roloff, surveyor for MSA, appeared in opposition. He thought this would put undue burden on property owners and there were more things in the ordinance that needed to be changed.
Larry Volz appeared in opposition.
Brian Simmert explained the history of this section of the ordinance.
Reggie Jaquish, a surveyor, appeared in opposition. He recommended to not pass the ordinance but revisit the land division ordinance for complete amendments.
Richard Blakeslee appeared again. He suggested county staff, county surveyor, and surveyors work on possible changes together.
The public portion of the hearing was closed at 12:20 p.m.
Sprecher felt the Committee needed more information. Motion by Lehman, seconded by Wiese to deny this petition. Motion carried, 5-0.
This next petition to be heard was to amend the current Chapter 25 "Private Sewage System Ordinance" of the Sauk County Code of Ordinances. The amendment will amend the definition of POWTS to be consistent with Wis. Admin. Code Comm 81 and will add the definitions of POWTS Component and Private Sewage System to provide clarity with ordinance administration.
Steward gave a brief history of the amendment.
Seeing no one wished to speak the public portion of the hearing was closed at 12:30 p.m.
Motion by Gaalswyk, seconded by Ashford to approve this petition. Motion carried, 5-0.
Motion by Ashford, seconded by Gaalswyk to adjourn. Motion carried, 5-0.
Respectfully submitted,
Judy Ashford, Secretary