Town of Oregon
Planning Commission Meeting Minutes
Tuesday, May 17, 2016
1. Open Public Hearing:
Town of Oregon Plan Commission Chairman Duffin called the public hearing to order on Tuesday, May 17, 2016 at 6:35 p.m.
Members present: Paul Morrison, Tom Wiedenbeck, Andy Blomstrom, Dave Hagemann, Brian Duffin and Sharon Christensen.
Member absent: Arlan Kay.
Also present: Town Board Chairman Wayne Ace, Town Board Supervisors Phil Van Kampen, Arlen Christensen & Fred Clark and Treasurer/Deputy Clerk Jennifer Hanson.
a. Land Division and Rezone Request. Petition # DCPREZ-2016-10993; Parcel #0509-044-8020-0; west of 5553 Netherwood Road. The request is for creating one residential lot. The property would be rezoned from A-1Ex to A-2(4). Petitioner and Owner is Rita Kluever, 5848 Madsen Circle, Oregon, WI 53575.
Rita Kluever, 5848 Madsen Circle, would like to create a 5.0 acre lot for her son to build a home. If her son doesn’t want the lot then she would sell it. The driveway would be on Netherwood Road. No public comments. The only issue is the location of the driveway because the town driveway ordinance requires 500 feet between driveways on the same side of the street. There was discussion about the location of the driveway. Duffin stated there are two options either use the existing field driveway if approved by the town board or create a joint driveway with the neighbor. Duffin recommended going to the town board to ask for a driveway variance. The town board approves all driveway variances. There was discussion about moving the field driveway or creating an easement. Duffin explained two fees required when creating a new lot. The first is the town impact fee of $1,000 due when the final CSM is signed by the clerk. The second is the county Use Valuation Fee (Conversion Fee) which is $850 per acre except when the sale is to a family member then the fee is waived. Discussion about recommending approval of the rezone prior to driveway variance approval by the town board.
b. Land Division and Rezone Request. Petition # DCPREZ-2016-10994; Parcel # 0509-141-8500-1; 425’ east of 5093 Lincoln Road. The request is to creating one residential lot. The property would be rezoned from A-3 to RH-1. Petitioner and Owner is Tom Buglass, 5075 Lincoln Road, Oregon, WI 53575.
Tom Buglass, 5075 Lincoln Road, would like to create a 2.02 acre lot to build a house. The culvert for the driveway was installed today. The driveway is over 500 feet away from his neighbor’s driveway. This is not a house replacement and will use one split. There was discussion about the placement of the home and zoning of the property. The new lot would be rezoned to RH-1. There will be an impact fee of $1,000 due to the town, but there should not be a Use Valuation Fee because Tom will retain ownership of the property.
c. Land Division and Rezone Request. Petition # DCPREZ-2016-10968; Parcel # 0509-142-8800-0 & 0509-142-8526-0; west of 5207 Lincoln Rd., Oregon, WI 53575. The request is to transfer the building site location. No additional building sites requested. The 5.11 acre property would be rezoned from RH-2 to A-4 and 5.35 acre property would be rezoned from A-3 to RH-2. Petitioner is Paulson & Associates LLC, 135 W. Hlum St., Deforest, WI 53532. Owners are Steve Gasner, 6225 Stony Hill Dr., Oregon, WI 53575 & Roger Parsons, 5207 Lincoln Rd., Oregon, WI 53575. Location of driveway to be discussed.
Steve Gasner was not in attendance.
2. Close Public Hearing.
Duffin closed the public hearing at 7:09 p.m. and went directly into the regular plan commission meeting.
3. Call Plan Commission meeting to order.
Chairman Duffin called the Planning Commission Regular Meeting to order at 7:09 p.m.
4. Discussion and possible Recommendation to the Town Board:
a. Land Division and Rezone Request. Petition # DCPREZ-2016-10993; Parcel #0509-044-8020-0; west of 5553 Netherwood Road.
No further discussion. Motion by Blomstrom to approve Land Division and Rezone Request; Petition # DCPREZ-2016-10993; Parcel #0509-044-8020-0 pending driveway variance approval by the town board. Seconded by Hagemann. Motion carried 6-0.
b. Land Division and Rezone Request. Petition # DCPREZ-2016-10994; Parcel # 0509-141-8500-1; 425’ east of 5093 Lincoln Road.
No further discussion.Motion by Christensen to approve Land Division and Rezone Request; Petition # DCPREZ-2016-10994; Parcel #0509-044-8020-0 subject to all the necessary fees and location of the driveway. Seconded by Hagemann. Motion carried 6-0
c. Land Division and Rezone Request. Petition # DCPREZ-2016-10968; Parcel # 0509-142-8800-0 & 0509-142-8526-0; west of 5207 Lincoln Rd., Oregon, WI 53575.
Applicant was not in attendance.
5. Approval of minutes from the last meeting.
The minutes will be amended to change sentence under item 9 to read, didn’t appear the meeting was necessary and to remove Arlan under item 10. Motion by Christensen to approve the minutes from last meeting with corrections. Seconded by Blomstrom. Motion carried 6-0.
6. Public Comments.
Bill Buglass from Payne and Dolan appeared to notify the board that their petition was approved at the county and to thank the town for the good working relationship. Duffin said Country View Veterinary and Marshall Brothers petitions were also approved by the county.
7. Presentation by Mark Hazelbaker on Wisconsin Act 178 regarding the option to withdraw from Dane County Zoning. Informational only, no decisions will be made.
Mark Hazelbaker, attorney for the Dane County Town’s Association, gave a presentation on Wisconsin Act 178 that gives towns an option to withdraw from Dane County Zoning. This is the first time this option has been made available to towns in Dane County. Towns can now control their comprehensive plan even without opting out of county zoning. This act has benefits and leverage even if a town decides not to opt out of county zoning. The law allows towns in Dane County to have land and zoning control. The reality is that the county needs to treat the towns well or there is an option for change.
There is a timeline for withdrawing from Dane County zoning. The actual decision to withdraw from county zoning is made by April 2017. However, the town board has to give notice to the county clerk 180 days or more before withdrawing from county zoning. This is between July 1, 2016 and October 20, 2016. This doesn’t mean you have to withdraw, this just is when the town needs to give notice. The town would have to make an ordinance that the town is considering withdrawing. If the town doesn’t give notice, then the town will need to wait three (3) years before being allowed to withdraw. What will be different if withdrawing? The law requires that the towns that withdraw have to have the same zoning ordinance to be consistent between all towns. The towns will have freedom from county subdivision ordinance and allow development in the town. Each town will adopt either a model ordinance or the county ordinance.
This law will not make the lives of town boards or clerks harder. The law will make the process easier and less expensive because the county is expensive. There are several engineering firms, like General Engineering, that provide zoning administrator services for many municipalities. The applicant will have to pay for the cost of review, including engineering costs. The applicant will no longer have to go up to the county for a zoning application. The application in the new system will be submitted online. This will create a much better experience with only one level of review instead of two.
The first day towns can formally withdraw from county zoning by ordinance is January 1, 2017. The ordinance adopted by the town board has to be ratified by either a referendum or at an annual meeting. After the ordinance is ratified, the town has to adopt zoning ordinance, a land use map and enact a Comprehensive Plan.
Mark encourages the town to talk with the village. The law doesn’t change annexations or extraterritorial jurisdiction. This law doesn’t prevent annexations, but the town can now offer another option for development in the town.
Mark has created a zoning ordinance with thirteen (13) zoning districts and seventy (70) secondary standards. This allows for hundreds of possibilities. This ordinance has created a table to easily view permitted or conditional uses. There are graphics of setbacks for each zoning district. Currently Dane County has a Zoning Board of Adjustments, they are suggesting a shared board among towns to hear all appeals and grants variances.
Farmland Preservation will not be repealed. There is a great variety in density rules among towns. Land splits will also not go away. The new ordinance will have planned rural development. The planned rural development will have a survey over the entire parcel noticing that all the splits are gone. It will collapse zoning and land division into one process. The county should still update Access Dane, but a new website maybe created. There was discussion about future growth around Madison. There was clarification about the extraterritorial zoning ordinance. The town will control their own land use map and the village cannot object. The shared zoning administrator is expected to enforce all zoning violations. The town could host a meeting and invite town residents to discuss withdrawing from county zoning.
8. Discussion and possible Action re: Re-appointment of Arlan Kay and Brian Duffin to plan commission for a term of three (3) years (6/2019).
Arlan Kay and Brian Duffin have agreed to an additional three term.
9. Discussion and possible Action re: TORC procedures.
The high school completed the small building for the TORC and is ready for pick up.
10. Update on Anderson Park.
No updates on the Anderson Park.
Andy distributed a sheet on Total Assessed Value by Tax Classification. Brian Standing and Roger Lane will be attending the June plan commission meeting to discuss withdrawing from county zoning. Hanson reminded the group to complete the survey monkey that was sent from Dane County regarding zoning.
Motion by Christensen to adjourn the meeting at 8:45 p.m. Seconded by Hagemann. Motion carried 6-0.