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Plan Commission Minutes
Feb 27, 2012
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   Town of Oregon

Plan Commission Meeting Minutes

Monday, February 27, 2012

 

1.         Open Public Hearing:

Town of Oregon Plan Commission Chair Weber opened the public hearing at 6:30 p.m. In attendance were Darryl Weber, Paul Morrison, Tom Wiedenbeck, Andy Blomstrom, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson.  Dave Hagemann was absent.

a.                  Land Rezone; Petition # DCPREZ-2012-10340; Parcel # 0509-241-4002-1.  The request is to rezone property from R-1 to R-3 to achieve zoning compliance for structures.  The property is located at 4814 Oregon Trail, Oregon, WI  53575.  Petitioner and Owner is Richard Anderson, 4814 Oregon Trail, Oregon, WI, 53575.

Mr. Richard Anderson, 4814 Oregon Trail, explained that a couple years ago he put up a room addition.  The addition was up and he received a call from Dan Everson, Dane County Zoning Inspector telling him that the GPS showed he is 6 inches off.  The structure was in compliance, but because it was so close, within 10 feet of the setback, the County would require a survey.  Mr. Everson called back and said the building is fine, but the deck is within 6 feet.  Mr. Everson told Mr. Anderson to hire a surveyor to find the two back lot stakes.  Mr. Anderson hired a surveyor and found the back lot stakes.  Mr. Everson no longer works in this area and the new Zoning Inspector, Patrick said he would not accept that survey and wanted a full site survey.  Mr. Anderson said that it would cost him $600 for a full site survey.  Mr. Anderson contacted Jerry Jensen and talked with Roger Lane, Dane County Zoning Administrator.  Mr. Lane told Mr. Anderson to rezone from R-1 to R-3 because you can build within 25 feet and it is the cheaper option.  Mr. Anderson paid $386 to change zoning from R-1 to R-3 and received a call from Scott at Dane County that Patrick still wanted a full site survey.  Mr. Anderson was led to believe that Dane County Zoning wanted be there for the survey so the surveyor didn’t move the stakes in Mr. Anderson’s favor.  Mr. Anderson went up and down the street and measured the setback of every house and his house is setback the farthest by almost 40 feet.  Mr. Anderson is in compliance with the setbacks even with the deck, but because he is so close, within 10 feet of the back lot line, the county requires a certified survey map.  Mr. Anderson was also told that Dane County lost the maps for this area.  Mr. Anderson wants to rezone his property so if in the future he wants to enclose his deck then he would be in compliance.  Mr. Anderson has a surveyor coming out this week.  Dane County wants a survey if within 48 feet of the back lot line and Mr. Anderson is 46 feet.  Dane County requires a survey if the structure is within 10 feet of the required 38 feet.   

b.                  Land Rezone; Petition # Not Avail. Amendment to Blanket Rezone; Parcel # 0509-162-9501-3.  The request is to rezone property from A-2 to A-1 Ex. and combine with parcel # 0509-162-9551-3 to claim Farmland Preservation Tax Credit.  The property is located off of Lincoln Road.  Petitioner and owner is Dale Secher, 5683 Lincoln Road, Oregon, WI  53575.

Dale Secher, 5683 Lincoln Road, explained that the properties he owned were under different names due to divorce and re-marriage.  Therefore, a parcel that was only in Mr. Secher’s name was separated from the rest of the land and rezoned to A-2 during the blanket re-zone.  This parcel then became ineligible for Farmland Preservation tax credits.  Mr. Secher plans to combine two parcels and put all of the parcels into a Revocable Trust.  Mr. Bremer added that the Farmland Preservation map needs to be amended and approved by Dane County.

c.                   Land Rezone; Petition # Not Avail. Amendment to Blanket Rezone; Parcel # 0509-173-9070-2.  The request is to rezone property from A-2(8) to A-1 Ex.  The property is located off of Storytown Road.  Petitioner and owner is Rebecca Bebber-Wells, 6112 County Highway A, Brooklyn, WI  53521.

Kent and Rebecca Bebber-Wells didn’t appear.  This parcel is contiguous to other A-1 zoned property owned by the Bebber-Wells.  This re-zone is similar to Mr. Secher and would restore agricultural tax credits.

d.                  Consider amendments to the Town of Oregon Comprehensive Plan (adopted April 9th, 2007, last amended June 2nd 2009), related to Appendix I Farmland Preservation Map and Policy 1f, Chapter 5a Agricultural Resources (page 30).

Weber said the first part of this agenda item, Appendix I Farmland Preservation Map, relates to the changes necessary to approve the previous two re-zone petitions.  Andrew Bremer, town planner, appeared to explain the density policy under Policy 1f, Chapter 5a Agricultural Resources of the Comprehensive Plan. 

 

The density policy is the potential opportunities to re-divide properties that were zoned RH before farmland preservation was adopted.  This policy deals with how to go about calculating that density.  Mr. Bremer provided the plan commission with a memo outlining the two methodologies to calculate density.  The first methodology is how the policy is currently written and the density or allowed number of units is based upon the RH zoning district.  For example, the RH-1 district would allow one unit per two acres and it goes up from there.  An RH-4 zoned parcel would allow one unit per sixteen acres.  That is the current density policy.  The second methodology that Duffin had a copy of and that was discussed during the planning process was looking at the remnant parcel.  The remnant parcel is that which was left over after taking out the minimum acres.  So if you owned 20 acres zoned RH-4 and subtract the 16 acre minimum, which is the minimum in an RH-4 zoning, you would be left with 4 acres and then apply the density policy of 1 unit per 2 acres you would be entitled to 2 splits.  There would be a cap of 4 total splits. 

 

Mr. Bremer looked over his notes and couldn’t find why the second method wasn’t adopted.  Mr. Bremer said that the policy as written seems to be the preferred method and what was agreed upon back when the plan was amended in 2009.  Mr. Bremer believes the adopted method is a more equitable way to calculate density because the maximum number of units allowed, no matter what your zoned, is 2 units.  Whereas the second methodology is a little odd and not consistent with the way exclusive agricultural density is calculated.  If someone comes in with 100 acres of exclusive agriculture, the town doesn’t subtract out acres when determining number of splits available, but uses the one unit per 35 acres.  However, if it is the goal of the town to look at ways to increase density or provide opportunities for more housing units in those RH areas then the town should look at the Future Land Use map and outline some areas to become Rural Subdivision areas that have the density of one unit per two acres.  This was also Dane County Senior Planner Brian Standing’s advice. 

 

Mr. Bremer also explained that the county’s current methodology allows for the rounding-up rule.  For example, using the town’s current density policy and the county’s rounding up rule, a 15.9 acre parcel zoned RH-3 would be allowed 2 units, one 8 acre parcel and one 7.9 acre parcel.  However the 7.9 acre parcel would need to be an RH-2 zoning.  So anything over .5 acres would be rounded up.  Duffin asked if the town’s plan would need to be clarified due to the rounding rule.  Mr. Bremer said the rounding rule is in the Dane County plan and shouldn’t need further clarification, but could be if requested.  Mr. Bremer explained that the rounding rule is applied anytime calculating density.  For an RH-1 zoned parcel to have an additional lot it would need to be considered part of a TDR or conservation subdivision or re-zoned RH-1, 2, 3 or 4. 

 

Duffin doesn’t think Mr. Standing understands that the town isn’t asking for a greater density on these properties, but rather the density was always there.  Duffin feels that just because the town adopted exclusive zoned agricultural it had nothing to do with RH zoned properties.  Therefore the town should have the same rights or density entitled to them before the town adopted exclusive agricultural.  He believes that Mr. Standing thinks the town is trying to increase density, but the town is trying to clarify what always existed for density.  The plan commission wanted to clarify this policy in the new comprehensive plan since it wasn’t clarified in the last plan.  Mr. Standing sent an email showing the number of potential dwelling units, but he was confused and those numbers are inaccurate but he didn’t have time to re-run a spreadsheet.  Duffin was pleased to hear about the round up rule and the ability to add more homes in those RH areas.  Duffin feels that because the rounding rule isn’t specifically stated in our comprehensive plan, then residents reading the plan won’t know it exists.  The rounding rule will allow more building sites, but won’t restore it to what was available prior to adopting exclusive agriculture.  The plan commission needs to decide if they want to change the plan. 

2.         Close Public Hearing.

Weber closed the public hearing at 7:05 p.m.

3.         Call Plan Commission meeting to order.

Weber called the Plan Commission meeting to order at 7:05 p.m.

4.         Discussion and possible Recommendation to the Town Board:

a.                  Land Rezone; Petition # DCPREZ-2012-10340; Parcel # 0509-241-4002-1. 

Christensen believes it is important to do what ever is needed to help Mr. Anderson get this resolved.  Motion by Blomstrom and seconded by Duffin to approve Land Rezone; Petition # DCPREZ-2012-10340.  Motion carries.

b.                  Land Rezone; Petition # Not Avail. Amendment to Blanket Rezone; Parcel # 0509-162-9501-3. 

No comments.  Motion by Christensen and seconded by Weber to approve Land Rezone; Petition # Not Avail.  Motion carries.

c.                   Land Rezone; Petition # Not Avail. Amendment to Blanket Rezone; Parcel # 0509-173-9070-2.       

No comments.  Motion by Christensen and seconded by Blomstrom to approve Land Rezone.  Petition # Not Avail.  Motion carries.

d.                  Amendments to the Town of Oregon Comprehensive Plan (adopted April 9th, 2007, last amended June 2nd 2009), related to Appendix I Farmland Preservation Map and Policy 1f, Chapter 5a Agricultural Resources (page 30).

This agenda item will be divided into two parts: one for the amendment to the Town of Oregon Comprehensive Plan to allow for the previous petitions and the second for the Density Policy.  Motion by Duffin and seconded by Weber to approve the amendments to the Town of Oregon Comprehensive Plan, related to Appendix I Farmland Preservation Plan Map and table the discussion of Policy 1f, Chapter 5a Agricultural Resources (page 30).  Motion carries.  The plan commission will revisit the Policy 1f, Chapter 5a on density at future meetings.

5.          Approval of minutes from the last meeting.

Motion by Morrison and seconded by Wiedenbeck to approve January 16, 2012 meeting minutes.  Motion carries.

6.         Public Comments.

Dan Kok and Sara Schlough, 2921 Camp Leonard Road, McFarland, WI, appeared and distributed their draft application for a re-zone.  The application is for only a zoning amendment and not a land division.  Mr. Kok asked about the planning requirements necessary for this application.  On page 13, the preliminary CSM shows the 66 feet legal right-of-way, but it would not be used as a driveway.  The X’s on the road indicate that it will not be used as a driveway, but is there to satisfy Dane County’s requirement for 66 feet of road frontage.  Member Duffin is concerned about the flood plain and wet plain.  Mr. Kok addressed those concerns on the maps.  They discussed the potential need for bump-outs and the town’s driveway ordinance.  Mr. Kok plans to make the necessary changes and submit for approval. 

 

Greg Hann, 200 N. Monroe St., Stoughton, WI, appeared to discuss amending his CUP at 848 Tipperary Road, Oregon, WI, to attach a new building to an existing building to provide additional room for housing customers.   The new building is to help with his existing business, but he doesn’t plan on expanding his business.  Mr. Hann is zoned agricultural, but he would still like to work with the town building inspector.  Mr. Hann doesn’t want to be zoned commercial due to the restrictions and because his business only operates for a short season.  Mr. Hann will talk with the fire inspector and make a submittal next month.

7.         Discussion and possible action re: 1088 Union Road - violation of deed restrictions and request to rezone property from C-1 to C-2.

Mr. Lofy hasn’t completed the necessary paperwork.

8.         Discussion and possible action re:  Town’s Submittal Application for Land Division, Rezones and CUP.

The plan commission reviewed the paperwork and agrees that not all the planning requirements are necessary.  Christensen suggested having a contact number to help someone with completing the forms and also having someone walk the property with the applicant.  The plan commission discussed the timetable of the applications.  Wiedenbeck suggested having a list of required items and another list of possible requirements.  Weber said to take out prime farmland designation, groundwater recharge location and flood plain & wetland, streams, rivers, ponds, drainage from the list of planning requirements.  Deputy Clerk Hanson will make revisions and present to the plan commission.

9.         Communications.

There are no communications.

10.     Adjournment.

Motion by Duffin and seconded by Wiedenbeck to adjourn the meeting at 9:15 p.m.  Motion carries.

 

Respectfully Submitted,

 

 

 

Jennifer Hanson

 

 

 

 

 



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