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Minutes 2011 APR 6 Plan Commission


04-17-2011

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Minutes 2011 APR 6 Plan Commission

Minutes of Plan Commission and Town Board Apr. 6, 2011 meeting include:

  • Pledge of allegiance recited. Meeting, called to order at 6:30 pm by Plan Commission (PC) Chairman David LeMahieu, had 4 of 5 members present including Nancy Willenkamp, John Wiesner and Ryan Van Camp. Dave Ogilvie was absent. Also present Clerk Andrew Hogan, Deputy Clerk Lyn M. Neuenfeldt, Staff Planner Jeff Sanders and and Building Inspector Jim Emmons; Town Board Chairman John Jaeckle and Board of Appeals Member Randy Dorow arrived later.
  • Purpose of PC meeting was to continue to provide input to Sanders on parameters for proposed Zoning Ordinance revisions; and, act on forms and fees related to Land Division / Subdivision Ordinance.
  • PC verified that public notice of meeting and agenda were posted at www.townofhortonia.org, Town Hall, Fire Hall and Modern Flooring; notice also listed on answering service 779-9780.
  • Willenkamp motioned, seconded by Wiesner, to approve Commission meeting minutes of March 2nd as published. Carried – unanimous.
  • PC heard from floor; Clerk entered letter into Town’s records from Rick & Eileen Lankow regarding proposed Zoning Ordinance revisions; letter supported proposed Conditional Use provisions for animals in R-1 district, and reduction of RE district minimum lot size for existing 7 acres to proposed 5 acres.
  • PC heard Emmons express concern over interpretation of front yard regulations in current Zoning Ordinance; sought modifications; cited building site plans clearly delineate front-side, left/right-sides & rear, regardless of how house is set on property; agreed front yard needs to extend to property line abutting road, but cited need for flexibility to allow side yards to follow projection of side of house, extending into the area of property between the road and nearest line of house; used diagram given Emmons by attorney Carlson to illustrate how issues have arisen based on current ordinance. Sanders weighed in on how regulations may be tweaked to allow flexibility in placement of auxiliary structures based on house orientation & lot size. LeMahieu noted more clarity needed; postponed further discussion.
  • LeMahieu outlined revision process: (1) give input to Sanders in order to tweak parameters for WLP component of zoning ordinance (2) give direction to Sanders on current, proposed revisions to zoning regulations (3) review full set of all, proposed revisions (4) after preliminary approval, submit to legal counsel in June for review (5) act on recommendations from counsel and submit proposed zoning ordinance to Town Board for final approval.
  • LeMahieu solicited input from Sanders & Clerk about best way to track & project dates for CSM and Plat approval process. PC tasked Sanders & Clerk with revising ‘process for review and approval’ companion documents into check-list format and include dates & other supporting details, leaving application forms as they were; revised documents would be available to applicants, but intent was to use them internally for tracking approval process by Town Officials.
  • LeMahieu sought documents to be explicit enough to allow any official to understand where CSM or Plat is in approval process just by looking at application and attached process check-list documentation. Jaeckle requested process documents include criteria and timing for requiring retainer, letter of credit, surety or performance bond or other instrument to insure Town is not stuck with bill if developer defaults.
  • PC reviewed fee schedule. Sanders outlined 3 types of fees: (1) application fees (2) review / admin fees: engineering, planning, architectural, legal & other (3) surety / insurance; indicated application fees were consistent with local municipalities; stated surety (3) could be required as condition of approval anytime scope of review (2) and/or cost of construction is deemed sufficient. Wiesner motioned, seconded by Willenkamp to recommend application fee schedule and application forms to Town Board for approval. Carried – unanimous.
  • Officials debated merit and compatibility of WLP provision for 1:20 ratio of non-farm residences to base farm tracts with Town’s Comprehensive Plan and Land Division ordinance; resolved to keep any partition consistent with proposed RE minimum of 5 acres. Wiesner motioned, seconded by Willenkamp, to limit partition of non-farm WLP A-1 district residence to 5 acre minimum. Carried – unanimous.
  • Dorow stated commodity prices have incentivised farmers to use every bit of productive land. Jaeckle opined that high commodity prices will continue to be best incentive for farmland preservation.
  • Officials debated impact of adding an A-2 General Ag district with a minimum lot size of 15 acres. Sanders defined A-2 as an Ag district lacking characteristics that allow it to qualify under criteria for WLP, however, unlike RE, it would have fewer restrictions on animals and uses making it more desirable than RE for hobby farms. Replying to LeMahieu, Sanders indicated that criteria for determining eligibility for rezone into A-2 would be lot size, existing uses, proximity to developed land, soil structure and future rezone probability. Citing disparity between RE and A-1 minimum lot sizes (proposed 5 acres and effectively 105 acres given 1:20 ratio criteria), Sanders encouraged Town to include an A-2 district.
  • Officials directed Sanders to include only one WLP Ag district in the proposed zoning revision, and remove regulations regarding supplementary conversion fees.
  • Officials reviewed and agreed with proposed regulation changes to the zoning ordinance including Low Impact Development (minimizing impact of development on surface and ground water), regulation of cemeteries (external to zoning ordinance), Rural Estate district accommodation of more animals by reducing minimum lot size from 7 to 5 acres, and by broadening permitted animal units (based on dept. of Ag and WI DNR criteria), Conditional Uses in conventional R-1 districts allowing animal units (following suite of nearby cities that have changed their ordinance to allow local food production with minimum impact outside lot boundaries – things like fresh eggs & goat milk – using one-year conditional use permit requiring annual re-approval), dwelling size of 1,000 sq. ft. minimum, passive monitoring wells, permitting mobile homes only in mobile home districts and facilitating Transitional Residential Districts.
  • PC discussed impact of extraterritorial zoning authority on land within 1.5 miles of township borders.
  • Meeting adjourned 8:57pm. Next PC meeting: Wednesday, May 4, 6:30pm; focus continues to be tweaking proposed zoning ordinance revisions, including WLP. PC encourages residents to provide input.

These minutes are unapproved and subject to final Plan Commission approval. Respectfully submitted, Andrew Hogan, Clerk (April 14, 2009 - April 12, 2011)

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 from 3/2/2011 P.C. meeting
!! CLICK HERE !! for Hortonia's adopted zoning ordinance
!! CLICK HERE !! for current Farmland Preservation component
!! CLICK HERE !! for zoning overview
!! CLICK HERE !! for Wi DATCP Working Lands Initiative
!! CLICK HERE !! for the DRAFT 2011 zoning ordinance
!! CLICK HERE !! for the application form for CSM approval
!! CLICK HERE !! for the Concept Plan application form
!! CLICK HERE !! for the Preliminary Plat application form
!! CLICK HERE !! for the Final Plat application form
!! CLICK HERE !! for the draft fee schedule document
!! CLICK HERE !! for Exhibit1 - Lankow letter