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Minutes 2011 JAN 4 Plan Commission meeting


01-05-2011

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Minutes 2011 JAN 4 Plan Commission meeting

Minutes of Plan Commission and Town Board Jan. 4, 2011 meeting include:

  • Pledge of allegiance recited. Meeting, called to order at 6:30 pm by Plan Commission Chairman David LeMahieu, had 4 of 5 Plan Commission (PC) and 2 of 3 Town Board (TB) members present: Nancy Willenkamp (TB/PC), John Wiesner (PC), Ryan Van Camp (PC) and Town Chairman John Jaeckle (TB). Dave Ogilvie (PC) was absent. Clerk Andrew Hogan present to record minutes. 14 others present including staff planner Jeff Sanders, Outagamie County Sheriff Deputy Rolain (left to respond to 911 dispatch at 6:37), building inspector Jim Emmons (left 6:37, returned 7:05), Board of Appeals members Randy Dorow and Dave Kriesel.
  • Purpose of PC meeting was to review objectives for zoning ordinance revision.
  • Plan Commission verified that public notice of meeting and agenda were posted at www.townofhortonia.org, Town Hall, Fire Hall, Modern Flooring, and notice given on Town’s answering service (920-779-9780).
  • Willenkamp motioned, seconded by Wiesner to approve Commission meeting minutes of November 2nd as published. Carried – 3 ayes, 0 nays.
  • PC reviewed zoning map and list corrected 12/15/2010 provided by clerk. Responding to LeMahieu’s question Clerk replied that map and list were revised to address errors and omissions discovered subsequent to revision made 6/29/2010. Draft resolution R2011.01.1 presented to PC contains list of revisions and will be presented to TB on 1/11/2011 for approval. Clerk noted that an 8 acre rezoning of a portion of 120-0511-00 from R1 to A1 approved by TB on 11/10/2008 was not part of 6/29/2010 map, but has been added to 12/15/2010 revision based on approval by County Board on 9/28/2010 per resolution Z-11-2010-11. Clerk also noted annexation of 120-0658-00 and 120-0658-01 by New London in 2010 requiring removal of those parcels from zoning list. Clerk provided PC, TB & inspector Emmons with hardcopies of fully revised list and 2 map pages with revisions to Sections 31 & 34.
  • PC reviewed objectives for zoning ordinance revision. LeMahieu explained zoning ordinance must be revised by end of 2011, referring the matter to Sanders who spoke at length about the reasons why the revision is required. Sanders described 3 factors: WI DATCP Working Lands Initiative, Comprehensive Plan compliance, periodic maintenance – conditions have changed since last revised (11/12/1996) and amended (12/5/2000) especially in housing market.
  • Sanders listed 11 key areas requiring consistency with Comprehensive Plan: low-impact development / storm water management, smaller homes and lots, additional accessory uses in Ag districts to sustain farming, site plan review process, passive monitoring wells, transitional residential districts to mitigate annexation pressure, consistency with conservation subdivisions, zoning overlays for environmental corridors / critical areas, and for highways, zoning map and list revisions accommodating new districts, application forms and fees revisions.
  • Sanders mentioned need for compliance with WI DATCP (Department of Trade and Consumer Protection) changes to Farmland Preservation. This will be discussed at length at upcoming March 1 PC meeting. Owners of Ag property (zoned A1, Prime Agriculture) in Hortonia Township are urged and strongly advised to attend.
  • Sanders noted additional possible revisions: PUD (planned unit development), regulations related to signs, regulation of cellular and other communication towers, regulation of exterior lighting, regulations related to horse ownership including business and recreation plus trails.
  • Sanders stressed that no changes to the zoning ordinance will force changes upon residents. All current activities, inconsistent with the new zoning ordinance, will be ‘grandfathered’ as pre-existing / non-conforming uses. Sanders also noted that zoning gives local government authority to dictate what can and can not be done on property. Any significant changes to activities on property will not be ‘grandfathered’ – they will be subject to the new zoning regulation.
  • Responding to LeMahieu’s question, Sanders replied that ‘Village Powers’ is what gives Town government authority to create / modify regulation of zoning districts, including overlays that may require developers to preserve or accommodate overlay zones for environmental corridors / critical areas.
  • Responding to LeMahieu’s question about best way to solicit input from residents about changes in regulation, Sanders replied that it’s up to the citizens to engage in the process. Notices of upcoming meetings are posted. Notices of public hearings are posted and published. Town sends letter to all residents within 300ft radius of any parcel being rezoned or subject of public hearing. If person(s) are unable to attend a meeting or hearing, they can submit their comment in writing to the clerk who will forward it to Commissioners and Supervisors. Clerk added that all agendas, minutes, exhibits, adopted and draft ordinances, resolutions and maps are available at home or from library on Town’s website: http://townofhortonia.org. And, anyone can make an open records request for hardcopies of material from clerk by calling 779-9780. The open records ordinance O2010.12.2, adopted December 14 2010, clarifies fees and procedures for obtaining materials.
  • Responding to horse enthusiasts’ question regarding specific regulation changes, LeMahieu replied that providing PC list of proposed changes including supporting material such as signed petition would be appropriate, productive and hold weight in decision process for PC & TB. Sanders cautioned that process is not ‘majority rules’, citing hypothetical example of 100 residents favoring regulation allowing 10 horses on 3 acre residential lots. Sanders would advise PC & TB to not approve such regulation based on tangible and demonstrable negative impacts.
  • Responding to horse enthusiasts’ question regarding animal units, Sanders stated that USDA’s tables and definition of animal units is valid and useful in Ag zoning. Dorow concurred. As scale of animal units increases, regulations kick-in to mitigate affects of waste, pollution and overcrowding. Sanders suggested that horse enthusiasts recommend regulation changes not in terms of animal units, but rather specific equine figures [number of horses, size, etc]. Sanders indicated that regulation of hobby/recreational animal husbandry in Rural Estate and Residential districts should use language specific to those animals/pets.
  • PC, Sanders, officials and public debated zoning objectives: rural character and farmland preservation, residential growth, trails including ADA compliance and compatible uses, horse trails, lighting, regulation of animal units, horse communities, broadening the tax base and the corresponding economic and environmental impacts. Sanders concurred that residential growth in urban settings with access to utilities improves the tax base but sited “Cost of Community Services Studies” overwhelmingly indicating that purely residential growth in rural area does not. Jaeckle opined studies did poor job of factoring costs of school districts. Sanders recommended balanced growth with emphasis on conservation given Comprehensive Plan’s objective of rural character preservation.
  • LeMahieu tasked Sanders with providing PC with report by mid-January outlining decision matrix of items staff will need in order to create draft of revised zoning ordinance. PC recognizes that objectives discussed tonight did not cover DATCP Working Lands Initiative changes to Farmland Preservation. Meeting on March 1 will cover that in great detail. Objective of February 1 PC meeting is to methodically work through recommendations and issues covered tonight, reaching decisions on how to proceed on each one. Staff report should identify critical decision points and the support material needed by PC to make informed choices.
  • Meeting adjourned 8:34pm. Next regular PC meeting: Tuesday, February 1, 6:30pm.

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

Please click the 'Download' button next to the GREEN arrow to download a PDF of the minutes.

Document(s) related to the minutes:
!! CLICK HERE !! for minutes of November 2 PC meeting
!! CLICK HERE !! for handout from meeting
!! CLICK HERE !! for current zoning ordinance
• proposed land-division / subdivision ordinance hearing !! CLICK HERE !!
!! CLICK HERE !! for resolution R2011.01.1
!! CLICK HERE !! for Horse Enthusiasts' Ex.2 from 1/26/2010 public hearing