Town of Oregon
Planning Commission Meeting Minutes
Tuesday, February 9, 2016
1. Open Public Hearing:
Town of Oregon Plan Commission Chairman Duffin called the public hearing to order on Tuesday, February 9, 2016 at 6:30 p.m.
Members present: Tom Wiedenbeck, Paul Morrison, Andy Blomstrom, Dave Hagemann, Brian Duffin, Arlan Kay and Sharon Christensen.
Also present: Town Board Chairman Wayne Ace, Town Board Supervisors Steve Root and Fred Clark and Treasurer/Deputy Clerk Jennifer Hanson.
a. Land Division and Rezone Request. Petition # DCPREZ-2015-10939; Parcel #0509-264-9500-1; 296 Union Rd., Brooklyn, WI 53521. The request is for shifting of property lines between adjacent land owners. The property would be rezoned from A-1Ex to A-2 on 27.34 acres. Petitioner and Owner is Marshall Brothers, 296 Union Rd., Brooklyn, WI 53521.
Jason Marshall, 296 Union Rd. and Danny Marshall, 253 Union Rd., are dissolving their partnership and dividing the property. They are requesting to rezone a 27.34 acre parcel to A-2 which will allow for a buildable site. A density study completed at Dane County determined there are six (6) remaining splits available based on the original farm acres of 229.55 acres. The Town of Oregon and Dane County want the landowners to record an agreement regarding the allocation of remaining development sites. Jason wants to retain four (4) splits and give two (2) splits to Danny. Danny questioned the original number of splits available including the original farm house. Duffin clarified that there were seven (7) original splits available because the town allows rounding up when determining splits based upon one (1) per split per thirty-five (35) acres owned. However, Danny used one (1) split to build his home so six (6) splits are remaining. The town land use plan excludes the original farm house when determining the number of splits available. The entire property will hold eight (8) homes. Danny said that the original farm house could be replaced with a new home and doesn’t agree with the division of splits. The issue was tabled until the parties reach an agreement on the division of development sites.
b. Land Division and Amendment of Conditional Use Permit. Petition # DCPCUP-2016-02335; Parcel #0509-091-8600-1; 1350 S. Fish Hatchery Rd., Oregon, WI 53575. The request is divide commercial property into two lots and amend the conditional use permit. Petitioner and Owner is County View Enterprises LLC, 1350 S. Fish Hatchery Rd., Oregon, WI 53575.
Judy Batker, W701 State Highway 92, and Emily Leuthner, 1350 S. Fish Hatchery Rd., owners of County View Veterinary Clinic, would like to divide the property to create two separate veterinary clinics and amend the conditional uses to allow for outdoor animals. The new building would be for large animals and the current building would be a small animal clinic. Jim Weber, 1276 S. Fish Hatchery Rd., clarified that the conditions would be amended to include that animals could be outside during the day. A new building and corral would be built for large animals. The manure management plan wouldn’t change. The town requires that the owners have a signed and recorded joint driveway agreement before the clerk signs the final certified survey map. The property would not be subject to a park fee. Judy felt that a maximum of four (4) horses outside would be sufficient. Wayne Ace, 1219 County Highway D, asked if the conditions would apply to both clinics equally and discussed outdoor lighting. There was discussion regarding the number of dogs to be kept outside. Emily said that there would be approximately fifty (50) dogs at the boarding kennel and doggie daycare. Duffin suggested the architect review the building plans with the town building inspector. Jim Weber has concern with the number of dogs to be kept outside and suggested a clause in the conditions to allow for review if the barking become offensive in the future. Duffin suggested postponing the conditions of the small animal clinic to next month.
c. Conditional Use Permit Application. Petition # DCPCUP-2016-02334; Parcel #’s 050936 -185010, 280010, 180610, 190010, 195010, 180510 and 050936 -481000, 480020; 157 County Highway MM, Brooklyn, WI 53521. The request is for a thirty (30) year Conditional Use Permit to allow nonmetallic mineral extraction and processing, i.e. sand and gravel pit. Petitioner is Payne and Dolan Inc., N3W23650 Badinger Road, Waukesha, WI 53187. Owner is Wingra Real Estate, LLC, PO Box 44284, Madison, WI 53744 and Klahn Revocable Trust, 157 County Highway MM, Brooklyn, WI 53521.
Bill Buglass, 6295 Lacy Road, appeared for Payne and Dolan to request a conditional use permit to expand mineral extraction operation from the Klahn site north to the Wingra Real Estate property for thirty (30) years. Both properties were registered as marketable mineral extraction sites with the county and state. The Wingra site was tested extensively in November 2015 and substantial deposits of high quality sand and gravel were found. The material is being used to produce high quality asphalt and concrete for many local road projects. This is one of very few sites and currently the only one available in Dane County. This is important for the whole county to control the cost of importing these materials. Payne and Dolan has entered into a long-term, exclusive lease with Wingra for the use of the property. The property is currently zoned A-1 Ex and would be reclaimed to agricultural when completed. The complete removal of material at the Klahn site will occur in 2016 and the site will be reclaimed. The berms will be reduced to a minimal height. Payne and Dolan will continue to use the scale and the access to Highway MM on the Klahn site. The activities at the Wingra site will be similar to the Klahn site; excavating, dredging, drag line, crushing and screening. One interesting aspect is the proximity to the rail line and Payne and Dolan will pursue using the rail. Payne and Dolan have operated the Klahn site since 2005 without complaints. They will continue to meet the six standards of a conditional use permit set by the county. Clint Weninger, geologist at Payne and Dolan went over the submitted application. There was discussion about the property location and current operations. The proposal includes 138 acres of Wingra Real Estate property and 5 acres of property at the Klahn site for the scale and driveway access. Reed Messner, 325 County Highway MM, appeared to support the Payne and Dolan. Mr. Weninger pointed out the areas of operations on the property. The extraction would be started on the north side of the property and work back. They will use a field conveyor to move the material. The site will operate April to the end of October, depending on the weather. The reclamation plan has ninety-seven (97) acres to be returned to tillable farm ground and forty-one (41) acres would be a farm pond. Jason Marshall, 296 Union Road, asked about the number of feet between the farm pond and the railroad tracks. There is approximately 250 feet. Mr. Weninger went over the application binder. Payne and Dolan will continue to make an in-kind donation to the Town of Oregon of $7,500.00. Jason Marshall asked if houses could be placed on the back side of the property by the water. The county may not allow houses due to the distance from the road. The reason for the narrow strip is because it is one of the last areas to be mined. Lloyd Klahn, 157 County Road MM, reported that Payne and Dolan does a great job on maintaining dust control. Duffin read the twenty-four (24) conditions with the application and would like to add the tarping of all trucks.
2. Close Public Hearing.
Duffin closed the public hearing and went directly into the regular plan commission meeting.
3. Call Plan Commission meeting to order.
Chairman Brian Duffin called the Planning Commission Regular Meeting to order.
4. Discussion and possible Recommendation to the Town Board:
a. Land Division and Rezone Request. Petition # DCPREZ-2015-10939; Parcel #0509-264-9500-1; 296 Union Rd., Brooklyn, WI 53521.
This petition was postponed during the public hearing.
b. Land Division and Amendment of Conditional Use Permit. Petition # DCPCUP-2016-02335; Parcel #0509-091-8600-1; 1350 S. Fish Hatchery Rd., Oregon, WI 53575.
There was discussion regarding the number of horses allowed on the property. The commission agreed to four (4) horses. The small animal clinic conditions will be discussed at a later date to give proper notice to all surrounding property owners that dogs will be outside. Motion by Hagemann to approve Land Division and Amendment of Conditional Use Permit to include outside housing of four (4) horses; Petition # DCPCUP-2015-02335. Seconded by Blomstrom. Motion carried 6-0.
c. Conditional Use Permit Application. Petition # DCPCUP-2016-02334; Parcel #’s 050936 -185010, 280010, 180610, 190010, 195010, 180510 and 050936 -481000, 480020; 157 County Highway MM, Brooklyn, WI 53521.
The plan commission members were supportive of the request. Ace mentioned a letter received today opposing the request. The letter suggested blasting and there will be no blasting at this site. Motion by Blomstrom to approve the Conditional Use Permit Application; Petition # DCPCUP-2016-02334. Seconded by Wiedenbeck. Motion carried 6-0.
5. Approval of minutes from the last meeting.
Motion by Wiedenbeck to approve the minutes of the regular meeting on January 19, 2015. Seconded by Blomstrom. Motion carried 6-0.
6. Public Comments.
Mark O’brien, 408 Glenway Rd., expressed support for use of the rail line by Payne and Dolan. Tom Wiedenbeck, 1164 S. Fish Hatchery Rd., discussed zoning of his property to include an outdoor gun range. Dane County issued a violation for operating a gun range on the property. The plan commission suggested working with the county to meet compliance. Barb Wiedenbeck, 1164 S. Fish Hatchery Rd., invited board members to visit the property during regular business hours.
7. Discussion and possible Action re: TORC procedures.
No discussion at the TORC.
8. Update on Anderson Park.
Root mentioned that the prairie and dog park are high on the priority list at the county. The town park committee is working on getting a hard surface bike path to connect the Sheil & Hillcrest subdivision with the Village.
Duffin discussed a planning meeting he attended in Whitewater with other townships, cities and village across the state. The general consensus is that comprehensive planning is a failure. Duffin was surprised that most municipalities don’t have county zoning. Duffin discussed a letter written by Ed Minhan and endorsed by Wayne Ace that opposed a bill allowing Dane County towns to withdrawn from county zoning. The town still needs to hear both perspectives. The plan commission would like to be included in any future discussion on county zoning.
Motion by Duffin to adjourn the meeting at 8:48 p.m. Seconded by Hagemann. Motion carried 6-0.