Planning, Zoning and Land Records Committee

March 27, 2012 PZLR Committee Minutes (36 KB)

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

Others present: B. Bailey, D. Blum, K. Blum, B.Cunningham, K. Felton, T. Guyse, P. Hasheider, M. Krueger, B. Michalek, J. Pearson, P. Pohle, B. Schultz, G. Schultz, J. Seep, B. Simmert, T. Smelcer, S. Sorenson

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 Ashford/Halfen to adopt the agenda with moving agenda item No. 11 on the Nonmetallic Mining Reclamation Ordinance to right before the public hearing. Motion carried, all in favor.

Adopt minutes of previous meeting: Motion by Ashford/Nobs to adopt the minutes of the February 28 meeting. Motion carried, all members in favor.

Public comment: None.

Communications: Marty Krueger presented American Transmission Company’s latest transmission line map.

Cunningham reported that the Village of Spring Green is continuing to work with the department on their high nitrate levels. Had a public meeting last week with groundwater experts. They are looking at a list of questions and will meet again in May. Instructed to notify area supervisors of these meetings.

Department staff were asked to check if there is a building permit for Horseshoe Road in the Town of Spring Green.
The Highway 12 Subcommittee will meet on Thursday, March 29, at 1:00 p.m. to discuss signage, branding, theme, etc. for the corridor.

Land Records Modernization:

a. Department Report: Felton presented the report which listed projects being worked on and upcoming activities.
b. Review and approval of vouchers: Motion by Gaalswyk/Nobs to approve vouchers in the amount of $2,462.10. Motion carried, all members in favor.

Surveyor Department:

a. Department Report: None.
b. Review and approval of vouchers: None.

Discussion and possible action on formalizing responsibilities of the County Surveyor: Committee discussed the draft ordinance provided by Pat Dederich. Liebman was unavailable to discuss the ordinance. Motion by Ashford/Halfen to refer the ordinance as it stands to the Administrative Coordinator, County Board Chair, and surveyor and for them to bring it forward to April 12 committee meeting. Motion carried, all in favor.

Discussion on acceptable forms of financial assurance on Nonmetallic Mining Reclamation Ordinance 24.07(4): Discussed what is currently in Ordinance 24.07(4) and that county departments and the Finance Committee only wish to accept bonds. Michalek recited Liebman’s recommendation to change the ordinance. This change will need to be approved by DNR. It was also Liebman’s opinion that we need to accept what is allowed in the ordinance until it is amended. Staff were directed to come back with language including the following three options-letter of credit, bonds (require to be licensed in Wisconsin), and certificates of deposits. In the meantime, CPZ should accept what is in ordinance.

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 #4-2012. A petition by Joseph and Bernice Seep to change the zoning of their property from an Exclusive Agricultural to a Commercial Zoning District. The land to be affected by the proposed rezone to Commercial is located in Section 27, T12N, R3E, Town of Ironton. Said area to be rezoned contains 4.79 acres more or less.

Lehman called the public hearing to order at approximately 10:16 a.m. He explained the procedures for the public hearing and introduced the committee and staff members.

Simmert appeared and presented a staff report and background on the rezone. The owner wishes to rezone part of the property to commercial to bring the business into compliance with current zoning standards and to allow for the reconstruction and expansion of the building destroyed by fire. The additional five acres are being requested for possible expansion for parking and an additional building possibly in the future.

Joe Seep, applicant, gave his business history and desire to keep the business located at the present location. Expressed his appreciation for the community’s support of his business. Talked about the cost to re-establish the business elsewhere and the area needed for large equipment. Getting the rezone approved now will provide the opportunity to build in the future. Was advised to move forward with this now. The building that burned was too close to the center of the road. We had to do a lot of fill to build a driveway and parking area. Trying for a variance to rebuild in the same location because of the concrete. Would like to make it larger to accommodate today’s business needs. No final plans; still working with insurance companies. If we bring the building into compliance with the road now, it crowds off the hill and will not be able to have a driveway and would need to change the whole works. There is probably close to 12 foot drop off there.

Terry Smelcer, registering in favor, is the Town of Ironton Town Chairman. Noted that the business is a good asset to the township, community, and county. Town Board recommends that it be rezoned to commercial.

John Pearson, registering in favor, is on the Town of Ironton Town Board. Stated that Joe Seep is an integral part of the Ironton community. There is another generation of Seeps. The Town Board and Commission are in favor of the rezone. It was approved unanimously at the Town Board.

Tom Guyse, registering in favor, provided a handout showing the buildings there now. Supports the proposal. There are a couple of questions on boundary lines, and there are unresolved issues where the building will be located. Have a variance coming up. The topography of the site dictates what can and cannot be done here.

Seeing no one else wished to appear, Lehman closed the public hearing portion at 10:42 a.m.

Motion by Nobs/Ashford to approve the rezone for Joseph and Bernice Seep. Motion carried, all in favor.

b. Petition #5-2012. A Petition by Gary Schultz to change the zoning of their property from an Exclusive Agricultural to an Agricultural and an Agricultural to an Exclusive Agricultural Zoning District. The land to be affected by the proposed rezone is located in Section 29, T12N, R4E, Town of Reedsburg. Said area to be rezoned contains 12.5 acres more or less.

Simmert appeared and presented a staff report including that the proposed rezone will adjust zoning boundaries to be consistent with new lot line boundaries of a proposed Certified Survey Map. Noted the table should be changed to show that the area to the north has a mix of residences. The rezone is consistent with the Town of Reedsburg Comprehensive Plan. It was approved by the Reedsburg Town Board.

Gary Schultz, applicant, purchased this property a few months ago. The whole reason this got started is the survey. The lot lines were very close to properties. No access to a road. We talked to the county to clean up a mess with the survey lines there.

Brad Schultz, registering in favor, does not wish to speak.

Seeing no one else wished to appear, Lehman closed the public hearing portion at 11:01 a.m.

Motion by Gaalswyk/Halfen to approve the rezone. Motion carrried, all in favor.

c. Petition #6-2012. A Petition by Brian Goerks to change the zoning of their property from a Resource Conservancy 35 to an Agricultural Zoning District. The land to be affected by the proposed rezone to Agricultural is located in Section 22, T12N, R6E, Town of Baraboo. Said area to be rezoned contains 10.05 acres more or less.

Simmert appeared and presented the staff report and background. The proposed agricultural rezone will allow for the utilization of an existing abandoned sand/gravel pit to be utilized as a clean landfill with final reclamation being a farm field. If rezone is approved, applicant will need to appear before the Board of Adjustment.

Dean Blum, representing the applicant Brian Goerks, stated that it will be filled in with trees, stumps, and dirt.

Kim Blum, registering in favor, did not wish to speak.

Paul Hasheider, appearing in favor, is a Town of Baraboo Supervisor and on planning commission. It is a very good fit to fill in the old quarry for agricultural use.

Seeing no one else wished to appear, Lehman closed the public hearing portion at 11:12 a.m.

Motion by Nobs/Halfen to approve the rezone. Motion carried, all in favor.

Petition #8-2012. A Petition by SWS LLC c/o Cliff Schneider to approve the 5th Addendum to Lake View Estates Condominiums. The land to be affected by the proposed addendum is located in Section 8, T10N, R7E, Town of Merrimac.

Simmert explained the plat. Cliff Schneider has control over development. We are asking for approval of amendment. The Town of Merrimac has approved. Motion by Gaalswyk/Ashford to approve the 5th addendum. Motion carried, all in favor.

Register of Deeds Department:

a. Department Report: Bailey presented his department report.
b. Review and approval of vouchers: Motion by Ashford/Halfen to approve vouchers in the amount of $172.38. Motion carried, all members in favor. No state payment on listing, Bailey will check on this.
c. Discussion and possible action on authorizing filing position: Bailey has filled out the “Vacant Position Request” due to Michelle Commings transferring to the County Clerk’s office. Have discussed the need to refill the position with Schauf and Posewitz. Committee supports refilling the position. Will need to get approved by the Personnel Committee. Discussed if County Board needs to approve this. Hopefully new person on board before new training starts.

Simmert reported that Chapter 7 is still under review. Chapter 8 will be submitted to Corporation Counsel this week. Farmland Preservation Plan is on hold but will start working on it in the next week or so.

Motion by Gaalswyk/Ashford to adjourn the meeting at 11:38 a.m. Motion carried with all members in favor. There will not be a PZLR meeting on Tuesday, April 24, and will only meet with the Land Conservation Committee on Thursday, April 12.

Respectfully submitted,

Joel Gaalswyk, Secretary