Planning, Zoning and Land Records Committee

November 30, 2011 PZLR Minutes (41 KB)

Planning, Zoning, & Land Records (PZLR) Committee members present: J. Ashford, J. Gaalswyk, F. Halfen, G. Lehman, D. Nobs

Others present: T. Liebman, B. Michalek, B. Simmert, G. Templin, P. Dederich, K. Felton, G. Zellmer, D. Dyke and others. See Registration Slips.

At 9:02 a.m. Chair Lehman called the Planning, Zoning and Land Records Committee to order and certified to be in compliance with the Open Meetings Law.

Adopt agenda: Motion by Halfen/Ashford to adopt the agenda. Motion carried, all in favor.

Adopt minutes of previous meeting: Motion by Gaalswyk/Ashford to adopt the minutes of the October 25 meeting. Motion carried, all members in favor.

Public comment: None

Communications: Simmert provided an email correspondence from the Town of Excelsior regarding the sign ordinance.

Lehman asked about the date/time limit for the Mundth appeal Michalek confirmed the time has passed, and the department is waiting on the decision.

Land Records Modernization:

a. Department Report: Felton appeared and provided a department report and spoke of parcel updates, and map changes as well as the new GIS server installed and ready for data migration. She also spoke of training that the staff has attended.

b. Review and approval of vouchers. None.

Surveyor Department:

a. Review and approval of vouchers. Motion by Halfen/Gaalswyk to approve vouchers in the amount of $2,450. Motion carried, all members in favor.

Halfen asked about the DOT issues and provided information to Dederich on perpetuation of section corners and the DOT being responsible for preserving and/or replacing them and recommended holding DOT responsible.

Discussion and possible action on Petition 6-2011 by Garry Zellmer to change the zoning of his property from a Resource Conservancy 35 to a commercial Zoning District. The land to be affected by the proposed rezone: Michalek spoke of the County Board action failing to adopt the resolution for denial sent to them by Committee at the November meeting.

Zellmer appeared and stated he applied for zoning from RC35 to commercial which provides him the opportunity to sell it and commercial property exists around him and feels it fits the area. He also spoke of the history of the property and conversations with the DOT when the bypass was proposed and built.

Motion by Halfen/Gaalswyk to approve the rezoning to commercial for Gary Zellmer, with a recommendation to the County Board that they acknowledge and follow the Highway 12 Management Plan, which calls for conservancy along the bypass, restricting billboards along the bypass and any permits of billboards along this area be denied by the Department of Conservation, Planning, and Zoning. Halfen reviewed the Management Plan, as adopted by County Board in 2003, and the committee continued to discuss. Motion carried with all members in favor.

The Committee asked for a legal opinion as to the Management Plan as adopted by the County Board versus the current existing ordinance on signage. Liebman stated that the ordinance is in conflict with the plan, which is why billboards are currently being constructed on the bypass and that needs to be addressed. He suggested studying the plan and how to implement it and figure out how to protect what exists on the existing bypass and address the bypass yet to be constructed. The committee discussed the new sign ordinance to be reviewed today and how it complies with the Highway 12 plan.

Discussion and possible action on a conditional use permit for a 3 acre more or less Planned Unit Development-Cluster Lot S25, T.11N.-R.5E, Town of Freedom, Sauk County by Thomas Neujahr in accordance with the provisions contained in Section 7.12 of the Sauk County Code of Ordinances. Simmert presented a staff report and map for the application with the intent of building a garage on to the property, which will be turned into a residence in the future. Halfen asked about the easement and the density policy timeline. Simmert explained the length of the easement. Motion by Gaalswyk/Ashford to approve all the questions/criteria for the conditional use standards and approve the Conditional Use Permit/Planned Unit Development Cluster Lot. Motion carried with all members in favor.

Discussion and possible action on a conditional use permit for two 5-acre Planned Unit Development-Cluster Lots S26, T.10N.-R.4E, Town of Honey Creek, Sauk County by Steven & Jeanne Trachsler in accordance with the provisions contained in Section 7.12(4)(d) of the Sauk County Code of Ordinances. Simmert presented a staff report and map for the application with the intent to secure building lots for family. He explained the lots and the easement location.

Halfen asked about the eastern-most lot located on a bluff and if there is a buildable site on that location. Simmert stated that they should have a buildable site within that five acres. Halfen asked about the lot being subject to all the rules of siting a residence. Simmert confirmed they would have to meet all criteria. He also spoke of Honey Creek specifying a 30-year easement.

Motion by Gaaslwyk/Nobs to approve all the questions/criteria for the conditional use standards and approve the Conditional Use Permit/Planned Unit Development Cluster Lot. Motion carried with all members in favor.

Discussion and possible action on a conditional use permit for a 4 acre more or less Farm Consolidated Lot in S30, T.12N.-R.4E, Town of Reedsburg, Sauk County by Tom Wirtz, agent for Donna Dyke in accordance with the provisions contained in Section 7.05B(2)(c)2 of the Sauk County Code of Ordinances. Simmert appeared and provided a staff report and map, as well as a draft CSM map for the proposed properly line boundaries. He spoke of the purpose of the farm consolidation and the intent of selling the remaining lands to an adjacent farmer for agricultural use. Motion by Ashford/Gaalswyk to approve the Conditional Use Permit standards/criteria as well as the Farm Consolidation for Dyke. Motion carried with all members in favor.

Discussion and possible action on a conditional use permit for a 4.99 acre Farm Consolidated Lot in S36, T.12N.-R.3E, Town of Ironton, Sauk County by Donald & Dorothy Harms in accordance with the provisions contained in Section 7.05B(2)(c)2 of the Sauk County Code of Ordinances. Simmert appeared and presented a staff report and map and explained the purpose behind the request. Motion by Ashford/Gaalswyk to approve the conditions/criteria for a Conditional Use Permit as well as the Farm Consolidation for Harms. Motion carried with all members in favor.

Public Hearing: To begin at approximately 10:00 a.m. (Committee to consider and take possible action at the conclusion of the respective hearing)

a. Petition # 7-2011. A Petition to amend the parts of Chapter 7 pertaining to the regulation of signs, including repealing 7.13(1)(j).

Lehman called the public hearing to order at approximately 10:00 a.m. He explained the procedures for the public hearing and introduced the committee members, and asked for the comments to be limited to four minutes.

Simmert appeared and presented a staff report and background and history of the request to re-write the zoning ordinance as it pertains to the sign provisions. He spoke of local public meetings that took place and has incorporated the input from the local officials at those meetings and explained the difference between on-premise and off-premise signs.

Lehman asked about a farm identification sign and the size limitations as suggested in the ordinance. Lehman questioned if the ordinance is passed as presented would it have to go to the Board of Adjustment. Simmert stated that was correct.

Deborah Laymon, appearing in opposition, stated that she owns Dell-Boo Campground, and they do not own land that they can put a sign on along the bypass. She stated they will have a sign at the exit for Reedsburg Road; however, Exit 212 is where patrons need to get off the bypass to get to their property. She questioned why Ho-Chunk has signs located before the bypass was opened; however, small businesses cannot put up signs.

Halfen asked about the location of her campground. Simmert confirmed that her location is in the Town of Delton and this ordinance does not pertain to her location. Halfen also confirmed that way-finding signs are permitted under this ordinance. Simmert stated they are permitted in this ordinance and provides provisions for way-finding signs. Halfen stated that the signs that the DOT provided are inadequate and will be working with other committees to address the lack of signage and help do something to address the needs of those businesses along the bypass.

Lehman asked about the number of the off-premise way-finding signs and the spacing between signs. Simmert spoke of the intent of the spacing for a way-finding sign which encourages co-location of way-finding signs.

Don Larson, appearing in opposition, stated that he has worked with the Department several times, and the business is having trouble with customers being able to get to their location, and feels the ordinance amendment that is proposed would be fine in the 1990s. He spoke of the recommendations in the ordinance taking a minimum. He spoke of the LED signs located within the City of Baraboo and disagrees with the requirement to limit the changing of LED signs and feels proper signage is the difference between profit and loss.

Halfen asked about the Highway 12 Growth Corridor Management Plan and that it calls for a prohibition of billboards on the bypass. Halfen asked for a recommendation of the size of signs and the LED issues. Larson asked for a 182-square-foot sign and asked for a sign that allows people to get into his business. Halfen spoke of the speed limits in a municipal area versus on a four-lane highway and how that pertains to LED signs.

Wesley Laymon, appearing in opposition, spoke of their livelihood and being a small business located off the bypass and spoke of the bypass and speed limits and the amount of accidents due to a LED sign. He stated that Bill Brown asked him to relay a question for an on-premise sign that is located off-premise so that they could be noticed. He does feel that if something is offensive, it should be enforceable.

Halfen spoke of the permitted signs by existing ordinance and the difference between the plan and the ordinance.

Lehman asked about the meeting with DOT, and the informational signage does not apply to many small businesses. Halfen confirmed that the DOT said they will be flexible on those signs.

Debra Bauer, appearing in opposition, stated that she is the Executive Director of Baraboo Chamber of Commerce. She is in support of Chamber members and is having problems with the lack of signage directing people.

Dave Gawronski, appearing in opposition, stated that he is representing commercial interests, and he builds signs for many of the commercials interests, some along Highway 12. He stated that this is not ready to be passed and has made notes about things that are pitfalls for the county and things not adequate for commercial interests. He stated that the LED signs are not built to handle a constant message and spoke of green issues and an LED sign.

Vera Lowery, appearing as interest may appear, stated that the meetings have been educational and is in opposition to the Ho-Chunk sign at the edge of the city and feels the bypass has created a terrible situation for the businesses. She also feels that if something is not done there will be huge signs lining Highway 12 and will interfere with the natural landscape and is concerned about preserving the beauty of this area.

Kate Hackbarth, appearing as interest may appear, representing the Wisconsin Dells Antique Mall and Craft Mall, and Wisconsin Opry. Their signs were taken down and they were not allowed to put signs back up. She spoke of the customers having problems getting through the round-abouts and finding their way to their businesses. She also stated that she understands that it is in the Town of Delton and that the county rules do not apply, yet the town has directed them here.

Larry Volz, appearing as interest may appear, representing the Town of Delton, stated that they have their own sign ordinances and will have a town meeting to change their ordinances. He also feels that that this committee needs to force the DOT to put up signage and asked who has jurisdiction to put signage in the right-of-way of County BD. He spoke of the County Board passing the resolution to adopt the Highway Management Plan and does not feel that the people who serve for the cities and villages voted on what can be done in the rural areas.

Seeing as no one else wished to appear, Lehman closed the public hearing portion or the meeting at 11:45 a.m.

Gaalswyk asked Simmert about changing the square footage on the model regulatory guidelines and what the consequence is. He explained the options the committee has. He also spoke of minor changes to the ordinance, after speaking with legal counsel, which included s. 7.25 under definitions that changes a “sub-section” to “sub-chapter.” He also addressed a clarifier being added to the way-finding signs referencing co-location of businesses on one sign. He then spoke of a change found on page 62 of the draft within the table.

Motion by Ashford/Nobs to postpone the decision on adopting the sign ordinance. Motion withdrawn by Ashford/Nobs.

Motion by Halfen/Gaalswyk to adopt the ordinance with the modifications submitted by Simmert, changing the size requirement of the sign face from 160-square-foot total area requirement to 200-square-foot and the LED signs to 40 percent.

Nobs suggested the electronic message be allowed to change every 6 seconds versus 24 hours as suggested in the proposed ordinance. Simmert appeared and notified the committee of a change suggested by legal counsel pertaining to name, address, and telephone number of the property owner.

All amendments accepted by Halfen/Gaalswyk to be included in the motion. Motion carried 4-1 with Lehman in opposition.

Discussion and possible action on the Highway 12 Memorandum of Agreement with the Wisconsin Department of Transportation: Liebman appeared and stated the DOT is reviewing the proposed agreement and suggested that the committee can approve the agreement subject to the review and amendments.

Conservation Planning and Zoning updates: Michalek discussed upcoming meetings. Halfen stated he requested an agenda item to begin discussion of Planning and Zoning taking up the lead for the Highway 12 corridor planning activity as discussed at a recent SCDC meeting. He also asked for an agenda item to start discussion on assisting businesses on Highway 12 with signage on all the exits located on the bypass.

Register of Deeds Department:

a. Department Report: Bailey discussed his departmental report which reviews October and November and detailed the redaction fees as well as the book scanning.

b. Review and approval of vouchers: Motion to approve vouchers in the amount of $4,002 by Nobs/Ashford. Motion carried with all members in favor.

Motion by Ashford/Halfen to adjourn the meeting at 12:10 p.m. Motion carried with all members in favor.

Respectfully submitted,

Joel Gaalswyk, Secretary