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Selected Plan Commission Minutes
Feb 24, 2009


The Plan Commission Public Hearing was called to order by Town Board Chairperson Darryl Weber on Tuesday, February 24, 2009 at 6:30PM. The following members were present: Paul Morrison (left at 8:00PM), Lloyd Klahn, Dave Hagemann, Andy Blomstrom, Darryl Weber, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson. Also in attendance is Brian Standing, Dane County Planning & Development and Andrew Bremer, Town Planner.

  1. Call Plan Commission Meeting to order. Chairman Weber called Plan Commission meeting to order at 6:30PM.
  2. Reading and approval of minutes from the last meeting. Member Duffin made a motion to approve the minutes from Tuesday, January 27, 2009. Member Hagemann seconded. Motion carries.
  3. Public Comments.

    1. Dan Barber - 905 Harding St. Deputy Clerk Hanson updated the Plan Commission that Mr. Barber has cleaned up the property and this was confirmed by Constable Wackett. Chairman Weber requested a letter be sent to Mr. Barber thanking him for speeding cooperation.
    2. Sarah Burkel, 1088 Union Road appeared to discuss the possibility of turning the storage building at 1088 Union Road into a Karate America studio. The studio provides martial arts classes and after school care for about 20 students. The school bus brings the children directly from school and parents pick up between 4 and 6PM. Karate classes end at 7:30PM, Monday thru Friday. They are not open on weekends. During the summer months, they operate a summer camp. Member Klahn asked if it was a commercial built building and not just a pole building. Chairman Weber is concerned on obtaining the correct zoning classification that would allow schools. Another concern is traffic and parking spaces. Ms. Burkel explained that they have scattered pick up times and one car may pick up multiple children. The property manager for the Lofy property also explained that traffic would not interfere with the house because the petitioner would also be renting the home. Ms. Burkel wants to purchase both the home and the building. Member Duffin read the current zoning restriction on the property. Mr. Standing confirmed that this would be a school use of property and suggested working with a Dane County zoning administrator to find the correct zoning. Mr. Standing explained that they could either request a change the zoning classification or amend the current restriction for Conditional Use Permit under C-1. He said the process would take about 4 months to get approved. Discussion followed regarding the conditional use permit and restrictions. Member Christensen discussed modifying current zoning to allow wider uses thus making the property easier to market and eliminate the need for future re-zoning. Neighboring property owner Mark Genin liked the idea of a conditional use permit, but has concern with the traffic. Chairman Weber suggested they proceed with submitting paperwork. Discussion followed regarding reducing the speed limit on Union Road and other safety precautions with the building.
    3. Warren Schmidt, 4965 Rome Corners Road, asked about reducing the speed limit on Rome Corners Road. Chairman Weber explained the cost of performing a speed study and enforcement were problems.
    4. Kevin Kox, 1515 Woodvale Road asked about the land owned by Presbyterian Church. The church is working with the Village of Oregon.
  4. Appearance of Brian Standing, Dane County Planning & Development and Andrew Bremer, Town Planner. Mr. Bremer told the Plan Commission that the Farmland Preservation Plan was adopted by the county, but the areas around the village are not compatible as far as land use policy with the Comp Plan. There are 4 options available:
    1. Leave plan as is.
    2. Amend Comp Plan to be consistent with the Farmland Preservation Plan.
    3. Amend Comp Plan but contacting the Village to consider allowing higher density.
    4. Work with the Village on boundary agreements or an exterritorial zoning commission.

    Mr. Bremer suggested option 3 or option 2. Mr. Standing said the County Board would be supportive of option 2 and possibly option 3. One of the original concerns of the County Board was the size of the rural conservation subdivisions. Mr. Standing said that even if the town goes with Option 2, the plan can be amended in the future. Mr. Standing presented the state certified Dane County Farmland Preservation map for the Town of Oregon that labels the areas around the Villages as transition areas. Mr. Standing explained that the reasons for getting the Farmland Preservation Plan re-certified. Mr. Standing reiterated that the Farmland Preservation Plan has been approved. However, the Comp Plan is pending approval from the County Board and he doesn't feel it will be approved as currently presented due to the objection from the Village of Oregon. Mr. Bremer explained that the changes required to be made to the Comp Plan would be very minimal. The text on conservation subdivisions would remain, however the yellow areas would be removed from the map.

    The Plan Commission discussed the four options. Mr. Standing suggested that if the Town were to go with Option 2 to include language to the Comp Plan that the Town is working with the Village on developing conservation subdivisions. Chairman Weber suggested going with option 2. Member Morrison chose option 2. Member Klahn chose option 2. Member Blomstrom chose option 2. Mr. Standing clarified that the issue is not with the concept of conservation subdivision, but with where and how much. Mr. Standing feels the Town could develop limited conservation subdivision but doesn't know exactly where those areas are located or how much. Mr. Standing feels that it is appropriate to leave the text language on conservation subdivisions in the Comp Plan with an explanation of how this might be applied in the future. Mr. Standing explained that the problem for the Village is that both the town and the Village have planned for future development on the same land. Since the land is under extraterritorial zoning, the land is really under joint control. Mr. Standing discussed changes made to Farmland Preservation under the Governor's Budget. Mr. Standing said it is possible that farmland preservation tax credits could be tripled under this proposal. Mr. Standing explained the reasons why there have been so many problems with the Farmland Preservation Plan. Mr. Standing said the Town of Oregon is the only town in Dane County to have received temporary certification under the Farmland Preservation Plan. However, statewide there are many communities with temporary certification that have faced similar issues as the Town of Oregon. That is why there are changes being made in the Governor's Budget. Mr. Standing feels that the revised Comp Plan for the town is solid, much clearer than the previous plan and a good base to work with in the future.

    Member Hagemann asked if it was important to add conservation subdivisions near current subdivisions in the township to match with the language in the plan. Discussion followed that they will not include conservation subdivisions on the map, but will leave the text. Member Hagemann chose option 2. Member Duffin chose option 2. Member Christensen chose option 2. Mr. Standing said that if the town were to remove the conservation subdivisions from the map, the Comp Plan would be passed at the county.

    There was discussion regarding the necessity of scheduling another public hearing on the Comp Plan. It was recommended by Mr. Bremer to have another public hearing to amend the changes in the Comp Plan. Member Hagemann clarified that the public hearing will be notifying the residents that the conservation subdivisions were removed from the map, but the text remains.

    Member Hagemann made a motion to modify the Comp Plan map by removing all conservation subdivision areas also known as yellow areas and leave text in the plan that the Town of Oregon recognizes conservation subdivisions. Member Duffin seconded. Motion carries. Mr. Standing explained that the state looks at the county farmland preservation plans not at the individual municipalities. Mr. Standing had hoped the state would work directly with the town on the Farmland Preservation Plan. The state is now issuing ten year certifications of Farmland Preservation Plans.

    The Plan Commission started the second discussion on implementing blanket rezones required as part of the approval of the Farmland Preservation Plan. The state has given the town a deadline of December 31, 2009 for rezoning of parcels. There are three categories; one is non-conforming lots where the residents will be happy to have their zoning changed, the second group would be because the areas are labeled as transitional ag and the zoning would need to be re-zoned to A-3, not A-1Ex; the third group is those residents in A-3 that would be changed to A-1Ex. Mr. Standing is concerned that the third group would be concerned that they are downgrading in zoning. Even though the uses of A-1 Ex and A-3 are exactly the same. Mr. Standing explained that the state views A-3 as land that is currently used for agricultural but in the future all or portions of it will be developed. Discussion followed regarding the process of doing a blanket rezone. Member Morrison left the meeting.

    The Plan Commission discussed what would happen if the zoning uses changed after a blanket rezone. The County will produce a list of land owner names and parcel numbers affected by the rezone. Mr. Standing would like the town to review the parcels near the subdivisions. The process of the rezoning would begin by having a petition introduced by a Town Board member or a County Board member. After that, there will be outreach to work with affected landowners. Member Christensen asked about parcels with a postage stamp rezone. Mr. Standing said those parcels could be determined by mapping. Chairman Weber clarified that the County is going to be leading the process of rezones. Mr. Standing would like the town to help with notifying affected landowners and monitoring areas that will be rezoned so it would not conflict with current usage.

  5. Discussion and possible Action re: Fencing Ordinance. Deputy Clerk Hanson explained the materials in the board books. Member Duffin recommended tabling this agenda item to give everyone a chance to review the paperwork. Deputy Clerk Hanson will mail fencing information to the Plan Commission members. Resident Brad Smith, 5597 Netherwood Rd. questioned fencing in rural subdivisions. Chairman Weber tabled.
  6. Discussion and possible Action re: Town Board's decision to intervene in the ATC matter; PSC Case No. 137-CE-1470. Chairman Weber asked for support from anyone able to attend the PSC public hearings. Warren Schmidt, 4965 Rome Corners Rd. appeared to oppose ATC route through the Town of Oregon.
  7. Discussion and possible Action re: Dane County's Bicycle Paths Program for 2009. Discussion followed regarding past and future bicycle path projects. There was also discussion about the usage of the railroad. No action was taken.
  8. Discussion and possible Action re: date of next Plan Commission meeting. All future Plan Commission meeting will be the third Monday of the month at 6:30PM. Next meeting is scheduled for Monday, March 16, 2009 @ 6:30PM.
  9. Update on Comprehensive Plan. No information presented.
  10. Discussion and possible Action re: reappointment of Plan Commission Members. Chairman Weber discussed reappointing the entire plan commission board for three years. Deputy Clerk Hanson will continue to look for the date each member joined the Plan Commission. No action taken
  11. Local Land Use Planning and Zoning WisLine Teleconference Series available for 2009. Deputy Clerk Hanson presented teleconferences available.
  12. Communications. Member Blomstrom questioned the condition of property located on Netherwood Road due to the number of unlicensed vehicles. Chairman Weber will contact Constable Wackett to check the property.
  13. Adjournment. Member Klahn made a motion to adjourn the meeting at 9:00PM. Member Hagemann seconded. Motion carries

Respectfully Submitted,
Jennifer Hanson

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