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Minutes 2010 SEP 7 Plan Commission meeting


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Minutes 2010 SEP 7 Plan Commission meeting

Minutes joint Plan Commission and Town Board September 7, 2010 meeting include:

  • Pledge of Allegiance recited. Meeting, called to order at 6:34 pm by Plan Commission (PC) Chairman David LeMahieu, had all Plan Commission (PC) and Town Board (TB) members present: Nancy Willenkamp (TB/PC), John Wiesner (PC), Ryan Van Camp (PC) and Dave Ogilvie (PC), Town Chairman John Jaeckle (TB) and Bob Luedtke (TB). Clerk Andrew Hogan arrived late. No others present..
  • The purpose of the joint meeting of the PC & TB was to review and critique staff planner Jeff Sander’s second draft of the Land-division / Subdivision ordinance with Town attorney Rich Carlson’s annotations.
  • PC verified that public notice of meeting and agenda were posted at Town Hall, Fire Hall, Modern Flooring,, and notice given on Town’s answering service 779-9780.
  • Wiesner motioned, seconded by Willenkamp to approve Commission meeting minutes of August 2, 2010 as published. Carried – 5 ayes, 0 nays.
  • PC discussing draft Land-division / Subdivision ordinance revision including: ½ acre lot size; clustered water / waste water systems beginning at 12 parcels; ‘owner’ replaced with ‘sub-divider’; home-owner’s association clauses similar to Town of Clayton’s ordinance; common open space distinguished from common facilities; drainage facility requirements; structural revisions similar to Town of Ellington ordinance.
  • Ellington ordinance provides flexibility to require common facilities, open space and/or lot size restrictions at the discretion of the PC based on specific circumstances.  Maintenance of shared facilities may, by resolution of the TB, fall under the jurisdiction of the TB as opposed to a Home Owners Association (HOA); storm water retention facilities owned by Town. Any failure by HOA falls under the jurisdiction of the Town, with power to special assess owners in order to remedy problems.
  • PC reviewed Town of Oakfield’s ordinance noting jurisdiction of the PC to chose among alternative governing bodies for governing open spaces including: HOA, Nonprofit Conservation Organization, Town, etc.
  • Key considerations: subdivision of 2 to 4 lots to fall under minor land division process via certified survey map (CSM); acreage requirements; land preservation of 40% or more; clustering / common facilities; governance of groundwater management; accountability falling under jurisdiction of individual Home Owners (HO) vs HOA vs Town.
  • Jaeckle provided handout drafted by Omnni discussing advantages of conservation subdivision over conventional design; issue is common spaces preserving rural character and allowing residents to ride horseback or enjoy other trail activities not supported by town roads; or currently feasible along town roads. Based on experience in real estate, Jaeckle opined majority buyer influx will be seeking to leave urban setting for rural character while maintaining utilities similar to city or village facilities, making conservation subdivision design significantly more attractive than conventional subdivisions with private well, septic and no common spaces. Jaeckle cited two prevailing factors: lower cost of ownership, recreational spaces with rural character.
  • LeMahieu directed the PC and TB to come to consensus about whether ordinance should require development constraints, or, whether ordinance should give PC discretion to impose constraints on case by case basis. Luedtke cautioned that that lot size must remain 3 or more acres where individual septics are allowed in order to maintain safe distance between wells and septics to prevent contamination; and, to provide enough space allowing installation of new septic if/when original fails. PC and TB reflected on Sanders’ contention that economics of clustered wastewater and community wells doesn’t work until threshold of 8 to 10 lots is reached. Requiring clustering for CSM might be considered overly restrictive. Luedtke also cautioned that subdivisions of 7+ acre lots [Rural Estate zoning district] should not require common well and septic. PC and TB reached consensus as follows:
    1. For subdivision of 2 to 4 lots – ordinance will specify minimum lot size of 3 acres or greater; PC discretion to require up to 40% land preservation including provisions for preserving old growth trees; individual well and septic; groundwater management per CSM; utilities will be maintained by owners; effectively, for land divisions of 2 to 4 lots, the regulations will remain as they currently are; key to discretion is demonstrating consistency of intent; consistency should stand up to legal challenges.
    2. For subdivisions of 5 or more lots [residential zoning district] the conservation subdivision rules govern the development stipulating ½ acre minimum lot sizes with PC discretion to allow lots up to 3 acres depending on specific topography; PC discretion to require 40% or more land preservation including provisions for preserving old growth trees; PC discretion to require clustered well and septic mindful that economies of scale may not be achieved for less than 8 lots; groundwater management stipulated in development proposal with Town owning facilities; developers agreement will stipulate HOA to govern common utilities and common land (preserved open space) subject to TB approval with Town having authority to special assess owners in order to remedy problems.
  • Luedtke concerned about costs of staff involved in developing the Town’s ordinance citing CPC original process anticipated ordinance adoption in April at a cost of $2,100 estimated by Omnni. Clerk tasked with determining cost-to-date associated with development of this ordinance; tasked with reporting to TB costs-to-date of various staff projects.
  • Meeting adjourned 8:15pm.

These minutes are unapproved and subject to final Plan Commission approval. Respectfully submitted, Andrew Hogan, Clerk.

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Documents related to the Minutes:
!! CLICK HERE !! for minutes of the Augst 2 meeting