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Plan Commission Minutes
Jul 16, 2012
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  Town of Oregon

Plan Commission Meeting Minutes

Monday, July 16, 2012

 

1.                  Open Public Hearing.

Town of Oregon Plan Commission Chair Weber opened the public hearing at 6:30 p.m. on Monday, July 16, 2012.  In attendance were Darryl Weber, Dave Hagemann, Paul Morrison, Tom Wiedenbeck, Brian Duffin, Sharon Christensen and Deputy Clerk, Jennifer Hanson.  Andy Blomstrom was absent.

a.      Land Division and Rezone; Petition # Not Available; Parcel # 0509-043-8001-0.  The request is to separate the existing farm home from the rest of the acreage and rezone the property.  The property is located at 1481 County Highway D, Oregon, WI  53575.  Petitioner and Owner is Goodspeed Holdings, LLC., 5756 County Road D, Oregon, WI, 53575.

Lori and Dave Goodspeed, 5756 County Road D, Oregon, WI  53575, appeared to discuss their land division and rezone petition.  They purchased the Trosper property located next to their property and would like to separate the land from the house.  They don’t want a second home and plan to sell the house with 2 acres.  The current renters would like to purchase the home on land contract.  The septic field would be included in the house site, but not the well.  The goal is to have a new well installed for the home and the existing well would remain with the land.  The home would have rights to the well until a new well is installed.  The current driveway serves both the house and the land.  If the land is divided, it would require a shared driveway agreement.  The land is currently being farmed by Greg Trosper, but next year they plan to farm the land themselves.  There is also an easement to allow access to the property from the neighboring property.  Mr. Goodspeed asked if based upon the density study from Dane County they would still have two (2) building sites available after separating the house from land.  The plan commission believes that the two (2) building sites are still available.  Duffin mentioned that the county requires 66 feet of road frontage for any new parcel created.   

b.      Land Division and Rezone; Petition # Not Available; Parcel # 0509-094-9530-1.  The request is to separate the existing farm home and buildings from the rest of the acreage and rezone the property.  The property is located at 5564 Lincoln Road, Oregon, WI  53575.  Petitioner and owner is Clarice (Arlen) Christensen, 1098 Hillcrest Lane, Oregon, WI  53575.

Clarice (Arlen) Christensen withdrew the application on Friday, July 13, 2012 because his son purchased the entire property.

c.       Amendments to the Town of Oregon Comprehensive Plan (adopted April 9th, 2007, last amended March 6th 2012), related to Policy 1f, Chapter 5a Agricultural Resources (page 30).

No public comments.

2.         Close Public Hearing.

Weber closed the public hearing at 6:50 p.m.         

3.         Call Plan Commission meeting to order.

Weber called the Plan Commission meeting to order at 6:50 p.m.

4.         Discussion and possible Recommendation to the Town Board:

a.   Land Division and Rezone; Petition # Not Available; Parcel # 0509-043-8001-0

Morrison said that a driveway agreement would need to be in placed before selling the property.  Duffin mentioned that the new parcel should be zoned RH-1.  Christensen asked when the driveway agreement should be filed.  The plan commission said a driveway agreement needs to be filed before the Certified Survey Map is signed by the town clerk.  The plan commission had a long discussion if a park fee, now called an “impact fee”, should be assessed when splitting off an existing home.  The plan commission discussed previous submittals wanting to ensure the policy was followed consistently.  Morrison read the Town ordinances and explained that the park fee was in lieu of donating land for a park.  Weber and Christensen believe an impact should be assessed, but Duffin, Hagemann, Wiedenbeck and Morrison disagreed and believe an impact fee is only charged when a new building site is created.  The plan commission decided to research if the town should assess an impact fee.  The plan commission would like to clarify the policy.  Motion made by Hagemann and seconded by Christensen to recommend Land Division and Rezone, Petition # N/A, Parcel # 0509-043-8001-0 to the Town Board with the following conditions:

1.  Joint Driveway Agreement be obtained

2.  Joint Well Agreement be researched

3. Impact Fee maybe assessed. 

Motion carries.     

b.  Land Division and Rezone; Petition # Not Available; Parcel # 0509-094-9530-1. 

This petition was withdrawn.

  1. Amendments to the Town of Oregon Comprehensive Plan (adopted April 9th, 2007, last amended March 6th 2012), related to Policy 1f, Chapter 5a Agricultural Resources (page 30).

The plan commission reviewed the memo from Brian Standing on the proposed comprehensive plan amendment.  Hagemann commented on Item 2 of the memo that the policy could create equity issues, but argues that this is not creating any inequities.  Morrison suggested the amendment is restoring the equity that was missed when the comprehensive plan was written.  Christensen was concerned about Item 1 that “the general decline in real estate activity” and feels that it totally irrelevant.  She feels that the memo makes it seem that the town is trying to get more lots than it is allowed.  Also, the memo implies that the town shouldn’t be allowed any more lots based upon the decline in the real estate market.  The plan commission feels that the town needs to counter the points brought up in Mr. Standing’s memo.  Weber said that the purpose of this amendment is to clarify the town’s original intention.  Morrison wants to be sure that the counter statements are strong and clarify that the town is not creating inequity, but resolving equity that the comp plan created and the town wasn’t aware of until after the comp plan was adopted.  The plan commission discussed making sure that the issues brought up in Brian Standing’s memo are addressed in the submittal to the county.  The memo is giving the town a heads up about what issues need to be addressed.  Weber asked Town Board member Chris Johnson if she understood the amendment.  Johnson said she understands more after listening to the discussion, but said someone could ask why are you trying to create more lots?  The plan commission is trying to restore the rights that existed and not create new lots.  The plan commission said it could be up to an additional 26 home sites.  Duffin said that it is only fair to restore the right to develop on the small amount of lots that actually qualify under this amendment.  Weber said he estimates that it may only create around 12 lots.  Duffin said it is not their intention to create more building sites.  Duffin discovered this discrepancy by reviewing the Comprehensive Plan last winter and being aware that they were trying to clarify this policy.  The plan commission felt that it was important to get this policy clarified and they can prove through past emails and other communications that they were trying to clarify this policy, but for some reason it never made it into the comp plan.  This amendment is actually much better than the original amendment.  The plan commission was in agreement that the town should move forward with the amendment.  Johnson asked Duffin to attend the next town board meeting to explain the amendment.  Motion made by Duffin and seconded by Christensen to recommend the Amendments to the Town of Oregon Comprehensive Plan relating to Policy 1f to the Town Board.  Motion carries.  Weber asked Deputy Clerk Hanson to follow up with Andrew Bremer.  Morrison left the meeting.

5.         Approval of minutes from the last meeting.

Motion by Hagemann and seconded by Duffin to approve plan commission minutes from Monday, June 18, 2012.  Motion carries.

6.         Public Comments.

Duffin saw Mike Foy and the DNR is beginning restoration of the Brooklyn Marsh and will continue until the funds run out.  Weber discussed the fire at the TORC.  The plan commission discussed burning at the TORC.

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

This agenda item was tabled.

8.                  Communications.

There were no communications.

9.                  Adjournment.

Motion made by Hagemann and seconded by Christensen to adjourn the meeting at 7:56 p.m.  Motion carries.

 

 

Respectfully submitted,

 

 

Jennifer Hanson

 

 



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