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Plan Commission Minutes
Apr 25, 2017
PDF Version: 52818_2017-Apr-25_Plan Commission Minutes.pdf

 Town of Oregon 

Planning Commission Meeting Minutes 

Tuesday, April 25, 2017


1.         Open Public Hearing.

Chairman Duffin called the public hearing to order at 6:40 p.m.

Present:  Brian Duffin, Sharon Christensen, Arlan Kay, Dave Hagemann, and Arlen Christensen

Absent:  Andy Blomstrom and Paul Morrison

Also present:  Town Board Chairperson Wayne Ace, Town Board Supervisor Steve Root, Town and Deputy Clerk/Treasurer Jennifer Hanson.


a.                   Land Division and Rezone Request.  Petition # 11145.  Parcel # 0509-284-9300-0 and 0509-284-9340-0; the property is located north and east of 5664 Bell Brook Rd., Brooklyn, WI  53521.  The request is to change the certified survey map #11401 on 61 acres.  This is a shifting of lot lines.  No new building sites will be created.  Lots 2 & 3 will be become Lots 1, 2 & 3.  Lot 1 will be 42.76 acres, zoned A-1 Ex.  Lot 2 will be 11.0 acres, zoned RH-3, and Lot 3 will be 7.5 acres, zoned RH-2.  Owner is Blue Vista LLC, 742 Foxfield Rd., Oregon, WI  53575.  Applicant is Eric Grover, 742 Foxfield Rd., Oregon, WI  53575. 

Eric Grover, 742 Foxfield Rd., appeared to request a land division and rezone request on parcel # 0509-284-9300-0 and 0509-284-9340-0, certified survey map (CSM) #11401.  Lots 2 & 3 are each 30 acres, zoned RH-4 and buildable.  There is a driveway that services both Lots 1 & 2, but a shared driveway wasn’t recorded because the lots are owned by the same person.  Eric Grover has a buyer interested in purchasing Lot 2.  The buyer wants to own the entire driveway and agricultural field.  The CSM is being amended to shift the lot lines for Lot 2 to include the entire driveway and create Lot 1 to encompass the agricultural field.  Lot 1 will be will be 42 acres, zoned A-1Ex and deed restricted from further development.  Lot 2 will be 11 acres, zoned RH-3 with a buildable site.  Lot 3 will be 7 ½ acres, zoned RH-2 with a buildable site.  Mr. Grover meet with Town Board Supervisor Arlen Christensen to confirm that Lot 3 can have a separate driveway.  Lot 1 & 2 will be owned by the same person.  No additional building sites are requested.  Duffin clarified that if Lot 1 were sold to another buyer then a joint driveway agreement would be required.   


Robert Pultz, 5593 Bell Brook Rd., spoke in opposition to the proposal.  He lives across the street from the property and is concerned that three lots are being created.  There was discussion that the petitioner’s name on the town application is Blue Vista LLC and it was acknowledged that the company’s name is Blue Vista Farms LLC.     


Tim Fox, 5669 Bell Brook Rd., spoke about concern for water retention and need for culverts depending on location of the homes.


Eric Grover is not asking for any additional building rights as two building sites are allowed.


Karl Willmann, 6102 Knotty Pine Way, Fitchburg, WI, owns the property at 5664 Bell Brook Rd. and asked where the home on Lot 2 would be built.  Eric Grover said the buyer has not determined the exact location of the home, but would most likely be 500 feet from the lot line to take advantage of the exposure.


Robert Pultz asked for a guarantee that a home cannot be built on Lot 1.  Duffin explained that the town and county require an available split for a building site to be created.  This property doesn’t qualify for another split.


Camy Matthay, 5708 Bell Brook Rd., asked if the deed restriction is in perpetuity.  Duffin explained that the county will automatically deed restrict the property because that are no splits available.  The town usually deed restricts property due to the physical nature of the property, such as a wetland, preservation area, conservation easement, or historical site.  This petition is for the buyer to own the entire back property for privacy.


Eric Grover spoke with Majid Allen, senior planner at Dane County Zoning, when creating the preliminary CSM.  The county preferred for Lot 1 to be an A-1Ex zoned parcel, although a larger residential parcel could have been created.  Grover acknowledged that the problem for the neighbors is that a three lot CSM is proposed, even though Lot 1 is not buildable.


Ann Moses, 5570 Bell Brook Rd., worried about 4 parcels and an additional lot created.     


Robert Pultz plans to call Dane County Zoning to discuss the CSM.


Tom Lebakken, 487 Sugar Hill Rd., owns property to the north and isn’t opposed to the petition.  He doesn’t want a subdivision, but supports what is allowed under the law to do with your land.   


Duffin suggested an A-4 zoning district because it is a non-buildable zoning district.  However, A-4 zoning requires less than 35 acres so the size of the lots would need to be adjusted requiring the petition to be amended. 


Eric Grover asked for the petition to be tabled and he will discuss A-4 zoning with Dane County Zoning.  The next Plan Commission meeting is scheduled for Tuesday, May 16, 2017 and the Town Board meeting will be on Tuesday, June 6, 2017.  The Dane County meeting is scheduled for June 27, 2017.     


Motion by Christensen to table the public hearing.  Seconded by Hagemann.  Motion carried 5-0. 


2.         Close Public Hearing.

Chairman Duffin closed the public hearing at 7:32 p.m.


3.         Call Plan Commission meeting to order.

Chairman Duffin called the regular plan commission meeting to order at 7:32 p.m.


4.         Discussion and possible Recommendation to the Town Board:

a.       Land Division and Rezone Request.  Petition # 11145; Parcel #0509-284-9300-0 and 0509-284-9340-0.

Petition was tabled at the public hearing.


5.         Approval of minutes from the last meeting.

Motion by Hagemann to approve the minutes from March 21, 2017 with correction of plan commission work session date to March 14, 2017.  Seconded by Kay.  Motion carried 5-0. 



6.         Public Comments.

There were no public comments.          


7.         Discussion and possible Action re: Review of the Town Comprehensive Plan.

The third and fourth elements were discussed at the plan commission work session on Thursday, March 14, 2017.  The fifth and sixth elements, Agricultural Element and Natural Resources, will be discussed at the next work session.  The next work session is scheduled for Thursday, April 27 at 7:00 p.m.  


8.         Discussion of possible Action re: Intergovernmental Boundary Agreement with Village of Oregon.

The plan commission discussed the joint Town Board and Plan Commission boundary agreement meeting held on Thursday, April 13.  The plan commission expressed concern that they didn’t have enough information prior to the meeting.  Chairman Ace asked for volunteers to be on a boundary agreement committee.  Duffin expressed concern on relationship with the Village of Oregon and would like to have a town referendum on a boundary agreement.  Arlan Kay volunteered to be on the boundary agreement committee.  Discussion regarding potential growth of the Village of Oregon and Oregon School District.   


9.         Communications.

Deputy Clerk/Treasurer Hanson showed the Dane County Zoning committee reports available online.  There was discussion about location of driveways for lots on Rome Corners Road.


10.     Adjournment.

Motion by Christensen to adjourn the meeting at 8:20 p.m.  Seconded by Hagemann.  Motion carried 5-0. 


Respectfully submitted, 



Jennifer Hanson 

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