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Selected Plan Commission Minutes
Nov 25, 2008


The Plan Commission Meeting was called to order by Town Board Chairperson Darryl Weber on Tuesday, November 25, 2008 at 6:45PM. The following members were present: Dave Hagemann, Andrew Blomstrom, Darryl Weber, Brian Duffin and Deputy Clerk, Jennifer Hanson. Members Paul Morrison, Lloyd Klahn and Sharon Christensen were absent. Mark Hazelbaker, Town's Attorney, Andrew Bremer, Town's Planner and Jerry Jensen, Dane County Supervisor, were also present.

  1. Call Plan Commission Meeting to order at 6:45PM.
  2. Reading and approval of minutes from the last meeting. Member Duffin made a motion to approve Plan Commission minutes from October 21, 2008. Member Hagemann seconded. Motion carries.
  3. Appearance of Lori Bastean, Dane County Community Development Block Grant re: the housing and community development needs and priorities. Ms. Bastean is in the process of updating the consolidated plan for the next five year period starting in 2010. They are looking at all the housing and community development needs. They are reaching out to participating municipalities to get input for both housing and community economic development. Ms. Bastean presented information regarding who qualifies for this program based on annual income level. This program can help with handicapped and elderly individuals staying in their homes. Ms. Basteam said that Wisconsin received 38 million in funds and Milwaukee got 9 million funds. Currently there is planning underway on how to use those funds. Member Duffin recommended having a link from the Town of Oregon's website to the CDBG website. The CDBG will be holding one more public hearing in March 2009.
  4. Public Comments. Brian Ricker asked what it would take to put one more residential property located on County Highway D. They purchased 52 acres 8 years ago and would like to get a section of land down in front of them to build a home. Currently there is not enough acreage to support an additional split. Chairman Weber instructed them to get a density study from Dane County. Dane County Supervisor Jerry Jensen thinks there are splits available from Wingra Stone. Chairman Weber can't recall if Wingra Stone used all the splits available and recommended contacting Wingra to see if they will sell a split. The Plan Commission and Attorney Hazelbaker discussed the transfer of development rights within the township and other municipalities. Attorney Hazelbaker discussed the economics involved in purchasing the split and selling the property. Brian Ricker will contact Wingra and come back to the board with the results.

    Member Blomstrom asked the status of the ATC lines for the substation located on County Road D. Currently the neighbors are negotiating contracts with ATC.
  5. Discussion and possible Approval re: Farmland Preservation Plan.
  6. Discussion and possible Action re: Comprehensive Plan.
  7. Discussion and possible Action re: Fencing Ordinance. Chairman Weber is tabling this agenda item because it seems that the state fencing ordinance, Chapter 90, is the best option to adopt by the town. Atty Hazelbaker doesn't recommend that the town venture further into regulating fencing ordinance because the state has straight guidelines. Atty Hazelbaker states that one of the consequences of living in the country is that you are subject to mandatory fencing. Chairman Weber confirmed that the Town can go one step further and require a CUP to have a deed notice stating that all fencing costs be paid for and maintained by the petitioner and future owners.
  8. Update on Comprehensive Plan.
    Supervisor Jensen reported the Land & Water Board has extended Farmland Preservation Plan through December 31, 2008. The materials that Brian and DATCP submitted are 29 pages are mostly boiler plate. The county is requiring a neighborhood plan on page 24. This concerns Supervisor Jensen because the County is directing the town to develop a neighborhood plan. The other bullet point that bothers Supervisor Jensen is “Other requirements requested by the Town or County.” Planner Bremer doesn’t understand why this is part of the Farmland Preservation Plan. Atty Hazelbaker is concerned because it doesn’t define what constitutes a proposed development or a neighborhood plan. It is too broad. A reasonable neighborhood plan can cost $150,000 to $200,000. Atty Hazelbaker recommends there being a minimum size or lot to require a neighborhood plan. Atty Hazelbaker recommends deleting the words “or county board and "other requirements requested by the Town or County." Atty Hazelbaker explained that it is not mandatory for the Town to adopt in the Farmland Preservation Plan, but if DATCP determines it is the Town’s actions, the land will not be rezoned but the farmers will lose the credits. Atty Hazelbaker feels that the Farmland Preservation Plan doesn’t work because cities and villages have the same requirements. Atty Hazelbaker recommends that the Town stay in the Farmland Preservation Plan because it allows the farmers to continue receiving tax credits. If the Town were to leave the Farmland Preservation Plan, the county would still enforce exclusive agriculture zoning. Atty Hazelbaker recommends that a neighborhood plan only be required if not less that 40 acres or 50 houses and add "leave it at Town discretion." The threshold provides guides for property owners. Atty Hazelbaker feels that the ultimate control of development is the Comprehensive Land Use Plan. Atty Hazelbaker has an additional comment on page 27 and asked it the Comprehensive Plan addresses large scale livestock or agricultural facilities. Atty Hazelbaker recommends that the Town Board adopt a solution to address this issue that doesn’t fit the Farmland Preservation Plan but would follow the spirit and allow flexibility. Chairman Weber questioned why it is taking so long to get the Farmland Preservation Plan passed. Atty Hazelbaker feels that it is because legislation has not been able to keep up with the times. Atty Hazelbaker discussed that the town is being forced to accept county board’s interpretation of the plan. DATCP is putting the Town of Oregon under the microscope. Atty Hazelbaker feels that the County Working Lands Initiative may find a receptive audience in having one single plan. Atty Hazelbaker recommends adding wording that allows the Town Board the right to make a decision. Member Duffin made a motion to have Atty Hazelbaker and Supervisor Jensen work together to draw up language to amend the neighborhood plan provision and Town discretion over unanticipated land use decisions as presented in Dane County Farmland Preservation Plan. Member Hagerman seconded. Motion carries. Chairman Weber asked what more can be done to get this plan accepted at the County. Atty Hazelbaker said that the Town could force the Village to go into mediation. Supervisor Jensen was under the impression that the Town may have to change the Comprehensive Plan map to be consistent to the Farmland Preservation Plan map. Planner Bremer is also unsure of that and doesn’t know how the County will proceed, but feels that the Farmland Preservation Plan map should be used to determine eligibility of tax credits. Chairman Weber states that the area surrounding the Village of Oregon is reserved for future development. Atty Hazelbaker said that the Village is afraid that the Town will develop those lands. The board discussed the area surrounding the village. Planner Bremer will draft a letter to Brian Standing asking for written clarification on getting the Town of Oregon Comprehensive Plan approved and stating that it is time to get the plan approved. Atty Hazelbaker agrees that the town should ask for written clarification in list form from the County. Chairman Weber will contact Todd Violante at the County. Supervisor Jensen is bothered that the Town will have to rezone over 200 parcels. Planner Bremer said that DATCP requires all zoning to be in place. 22 farmers participate in the Farmland Preservation Plan.
  9. Communications. None.
  10. Adjournment. Member Hagemann made a motion to adjourn the Plan Commission meeting at 8:03PM. Member Blomstrom seconded. Motion carries.

Respectfully Submitted,
Jennifer Hanson

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