Town of Oregon
Plan Commission Meeting Minutes
Tuesday, May 20, 2014
1. Open Public Hearing:
Town of Oregon Plan Commission Chair Weber called the public hearing to order on Tuesday, May 20, 2014 at 6:30 p.m. In attendance were Darryl Weber, Tom Wiedenbeck, Paul Morrison, Andy Blomstrom, Dave Hagemann, Brian Duffin, Sharon Christensen and Deputy Clerk Jennifer Hanson.
a. Conditional Use Permit; Petition # DCPCUP-2014-02275; Parcel # 0509-173-8500-3. The request is to obtain a conditional use permit (CUP) for a limited rural business (metal fabrication, welding, art and repairs). The property is zoned A-1 Ex. Petitioner and Owner is Richard Fizzell, 895 Storytown Road, Brooklyn, WI 53521.
Richard Fizzell, 895 Storytown Rd, appeared to discuss the request for a conditional use permit (CUP) to operate an existing metal fabrication, welding, art and repairs business on his property. There are no employees. Mr. Fizzell has been operating the business for fifteen (15) years and it has mainly been a hobby, but now he is full-time. The county is asking for him to obtain a CUP for a rural business, but not a change in zoning classification. No public comments.
b. Land Division and Rezone Request; Petition # DCPREZ-2014-10692; Parcel # 0509-162-9000-9 & 0509-162-9561-1. The request is to create one building parcel for son and a second agricultural parcel. The land is currently zoned A-1 Ex. Parcel 1 would be 2.0 acres, zoned A-2(2) and Parcel 2 would be 35.1 acres, zoned A-1 Ex. Petitioner and Owner is Dale Secher, 5683 Lincoln Rd., Oregon, WI 53575.
Dale Secher, 5683 Lincoln Rd., appeared to discuss the request to divide his land into one buildable parcel and one agricultural parcel. The building site would be for his son to live on-site and take over management of Carandale Farm. Mr. Secher is asking the town to allow a joint driveway easement instead of the 66 feet of road frontage. The driveway would be shared with the agricultural parcel. The county recently approved an exception provision to the 66 feet of road frontage requirement in the subdivision code. This exception allows for a joint driveway easements instead of owning 66 feet of property to the road. The plan commission was made of aware of the change last month, but was unsure how the town would be allowed to approve a joint driveway easements without amending the town’s plan. The plan commission discussed a recent memo from Majid Allen at Dane County. County staff is recommending to include the following statement in the ordinance, “Frontage Exception – Town Support: The committee shall consider the following as evidence of town support for allowing exceptions to the 66’of road frontage requirement for specific proposals pursuant to section 75.19(8): existing town plan policies, pending town amendments allowing for access via easement, or approved town board resolution in support of exceptions.” Mr. Allen states that the Town of Oregon’s plan policies are supportive of allowing access via easement. Weber states that the town won’t need to amend the plan if the county approves the change. The changes are anticipated to be formally adopted at the zoning committee meeting on June 10th. No public comments.
2. Close Public Hearing.
Darryl closed the public hearing at 6:38 p.m.
3. Call Plan Commission meeting to order.
Immediately following the close of the public hearing, Weber called the regular plan commission meeting to order.
4. Discussion and possible Recommendation to the Town Board:
a. CUP; Petition # DCPCUP-2014-02275; Parcel # 0509-173-8500-3.
Mr. Fizzell was informed that the CUP is for him only and cannot be transferred or sold. Also, the town could possibly review the CUP every three years. The plan commission was supportive of his request. Motion made by Hagemann and seconded by Duffin to approve Conditional Use Permit; Petition # DCPCUP-2014-02275; Parcel # 0509-173-8500-3. Motion carries. The motion will be forwarded to the town board.
b. Land Division and Rezone Request; Petition # DCPREZ-2014-10692; Parcel # 0509-162-9000-9 & 0509-162-9561-1.
It was clarified that the road frontage change at the county allows 66 feet of road frontage to be used for more than one lot and up to three lots as long as there is shared driveway easement in place. Duffin is supportive as long as the county will allow the town to opt-in, however he is concerned that the Plan Commission hasn’t had a chance to discuss as a group and unsure of future requests. Mr. Secher explained that he wants the driveway to be owned by the farm and not the home site because it is an important farm access. Christensen doesn’t disagree with what Mr. Secher is trying to do, but is concerned that ZLR has not made anything permanent rather the final approval is anticipated and things could change. Several board members suggested making the final approval at the county a condition of town’s approval. The plan commission had lengthy discussion about shared driveway easements. Christensen is still concerned because the commission has not had time to review the ordinance in depth and questioned if the Secher approval will set precedent. Christensen asked about postponing a decision 30 days, but Mr. Secher would like the approval sooner. Motion made by Duffin and seconded by Weber to approve Land Division and Rezone Request; Petition # DCPREZ-2014-10692; Parcel # 0509-162-9000-9 & 0509-162-9561-1 with the following two conditions: 1.) The county allows the town to opt-in to the shared driveway easement policy. 2.) The plan commission decides later in this meeting to approve the opt-in. Motion carries with Christensen opposed. The motion will be forwarded to the town board.
5. Approval of minutes from the last meeting.
Duffin requested changing the sentence, “There is no limit on the number of part-time employees” to read “Wayne stated that there is no limit on the number of part-time employees.” Duffin requested to insert the Dane County Ordinance 10.192(3). Christensen asked to include the number of full-time hours per year is 2080 hours. Motion made by Duffin and seconded by Hagemann to approve the March 18, 2014 meeting minutes with changes. Motion carries.
6. Public Comments.
Jim Purdin, 899 Katie Lane, appeared to discuss the land he owns between Hefty Storage Units and Genin’s. Soon he will begin construction of a storage building for his car hobby in phase one of the project. The second phase is to build two additional buildings with separate owners for a condominium plat. Mr. Purdin inquired if he will need a new driveway permit to move the driveway 8 to 10 feet. Weber instructed him to talk with Abel if the driveway is going to be moved. Mr. Purdin is finalizing the condominium declaration and he plans to add the wording that the type of use is for “personal hobby use only, but light commercial subject to approval.” The condominium declaration may be ready for approval next month. Mr. Purdin also informed the commission of another project up the road next to Arbor Systems. This is a conceptual plan for a commercial warehouse to be built by Supreme Structures. The building would be 12,000 square feet to allow for three 4,000 square feet units and possible expansion. The lot shares a driveway with Arbor Systems, but he wonders if the building is placed further down the road could it have a separate driveway. The driveway ordinance requires 500 feet, but it be will discussed in the future.
7. Discussion and possible Action: Amending Comprehensive Land Use Plan to include shared driveway easement ordinance approved by Dane County.
The town’s current joint driveway policy was read. The town would need to consider residents asking to use existing easements for potential building sites. This change could allow for development without disturbing farmland. Duffin feels that town should opt-in to the shared driveway easement, but on a case by case basis. Christensen is concerned that joint driveways could become a town road because they appear to be a road for a subdivision. Christensen also wondered if the town would be adding more lots then allowed by DATCP, but Duffin said the town has limited development more than the county has required it to and has been very conservative. Duffin supports the change because this would allow driveways to be on the worst agricultural soil. Morrison feels that joint shared driveway easements saves land by eliminating the 66 feet driveway strips. The commission discussed concern that the town’s current language may not be adequate for a joint driveway easements in the future. Currently the county is accepting the town’s plan to opt-in to the joint driveway easement policy. The plan commission unanimously agreed to continue using the current language for joint driveway easements if allowed by Dane County to opt-in in. The second condition of the motion to approve Secher’s land division has been satisfied. Motion made by Morrison and seconded by Wiedenbeck that the plan commission support the ZLR’s draft language that was received in an email from Majid Allan on Friday, May 16, 2014 that would eliminate the 66 feet of road frontage requirement and to do so in towns where existing town’s policy support shared driveway situation. Motion carries. Duffin, Hagemann and Christensen abstained.
8. Discussion and possible recommendation to the Town Board re: Appointment of Plan Commission members Dave Hagemann and Sharon Christensen to another three (3) year term – 6/2014-6/2017.
Motion made by Blomstrom and seconded by Duffin to approve appointment of plan commission members Dave Hagemann and Sharon Christensen to another three (3) year term 6/2017-6/2017. Motion carries. The motion will be forwarded to the town board.
9. Discussion and possible Action re: TORC procedure.
Weber mentioned that the TORC is still looking for additional help and to let him know of anyone interested in working on Saturdays or Wednesday afternoons.
10. Update on Anderson Park.
There are no updates. The portable toilet will remain until all the work sessions are completed.
Warren Schmidt, 4965 Rome Corners Rd., appeared to ask about giving his son 20 acres to build a home. He owns 65 acres. Mr. Schmidt received a density letter from Dane County, but is confused by the letter. Weber made him aware that he would be penalized by CRP if he removes land. Mr. Schmidt has a split available and can pursue the land division. The 20 acre parcel could be rezoned into one 40 acre RH-4 parcel or one 2 acre RH-1 parcel and 18 acres in an agricultural designation. There would an impact fee charged, but not a conversion fee because it is for a relative. The land division procedure and timetable was explained.
Motion made by Hagemann and seconded by Christensen to adjourn the meeting at 8:10 p.m. Motion carries.