DATE: December 28, 2004
Committee Members Present: Wiese, Gaalswyk, Lehman, Sprecher and Ashford.
Others Present:Lance Gurney, Mary White, Ted Brenson, Brent Bailey, Brian Simmert and others.
Chairman Wiese called the meeting to order at 9:00 a.m. and staff certified the meeting had been properly posted.
Mr. Gurney requested to amend the agenda by deleting item 9c.
Motion by Ashford, seconded by Gaalswyck to adopt the agenda with this amendment. Motion carried.
Motion by Gaalswyck, seconded by Sprecher to approve the minutes of the December 14, 2004, Committee meeting as submitted. Motion carried.
Communications: Mr. Brenson explained his reason for submitting his resignation. Discussion followed.
It was noted that the new County Surveyor, Mr. Dederich, had signed his election papers.
Mr. Lance Gurney, Planning and Zoning Director, appeared and explained why he had requested that item 9c be removed from the agenda. He stated that the department had only received one bid for a new vehicle. He believed that a Chevrolet Colorado was the best vehicle for the department's needs. The vehicle being replaced, an Escort, would be sold at auction or possibly used as a trade in.
Discussion followed regarding a request to reduce the required minimum width of an access easement from 66 feet to 50 feet in accordance with the provisions of Sec. 22.15 by Sauk County, requested by Tim Stieve, EMBS Director, Baraboo, WI 53913. The property is located in NE, SE, Section 10, T9N, R6E, Town of Prairie du Sac and is identified as a proposed lot of a CSM. The easement is an existing one utilized by a neighboring lot. The property would be accessible to STH 60. The new tower and possible use by others was discussed. Because this was for a new CSM, Committee approval was needed. Motion by
Sprecher, seconded by Lehman to approve a 50 foot access easement. Motion carried.
The Committee then briefly reviewed the voucher list for the Planning and Zoning Office. Motion by Ashford, seconded by Sprecher to approve payment of the vouchers in the amount of $1,594.92. Motion carried.
Mr. Brent Bailey, Register of Deeds, then appeared. He stated that a resolution regarding the purchase of a soft wear application from Tri-Min will be ready for the Committee to sign next month Discussion followed regarding problems with the "Soaring" system. The cost of the new system would be approximately $14,200.00. Mr. Bailey stated that the new company was very good at support.
Chairman Wiese called the public hearing to order. The Committee introduced themselves.
The petition to be heard was Petition # 28-2004 for approval of a rezone from an Agriculture zoning district to a Single Family Residential zoning district for the purpose of establishing a proposed subdivision in the Town of Prairie du Sac. The property is owned by Mark Bender, E8551 Bender Drive, North Freedom, WI 53951 with Dennis Bender acting as agent. The proposed subdivision is inclusive of 12 individual lots for single family residences. The parcel of land affected by the rezone and is located in the NW of the SW of Section 10, T9N, R6E in the Town of Prairie du Sac, Sauk County, Wisconsin.
Mr. Halsey Sprecher requested to be excused from the hearing as he would be representing the Town of Prairie du Sac.
Mr. Brian Simmert, Planning and Zoning Planner, appeared and gave the staff report and recommendation of postponement until the Town of Prairie du Sac has taken action. He reminded the Committee that the rezoning was the only thing to be considered today.
Mr. Simmert distributed a fax from Dennis Bender regarding inconsistencies in the staff report.
Mr. Gaalswyck asked about other existing houses in the area
Mr. Dennis Bender, agent for Mark Bender, the owner of property, then appeared. Mr. Bender thanked Planning and Zoning staff members for assistance in this process. He gave a brief history of surveys on the property. He said that the history is lengthy and there have been numerous processes that have not been completed. Mr. Bender then explained items 1 through 5 as listed in the faxed letter to Committee members regarding inconsistencies or information gaps in the staff report.
Mr. Bender stated that this project was consistent with other uses in the area. Overall density would be about 1 home for 1 acre. Discussion followed regarding lot sizes.
Attorney William Greenhalgh appeared on behalf of the owner He stated that he will be working with the petitioner to obtain town approvals for this rezoning and will insure ordinance requirements are met.
Ms. Mary Ann Sprecher registered in favor but did not wish to speak.
Mr. Ken Noltner, appeared in opposition. He owns property west of Old Bluff Trail. Mr. Noltner served on the town board in the 1970s and 1980s. He stated that there was an agreement between the town board and a previous owner that all homes in the area would be built along Old Bluff Trail. Mr. Noltner noted there is a large beef operation in the area and there is also a large hog operation near by and he didn't think that there should be any more homes in this agricultural area. He also stated that with proper irrigation this land produces very good crops. Ms. Ashford asked if the owners of existing homes in the area complain about farm odors. He stated that they don't but these new homes would be upwind of these agricultural operations.
Mr. Ed Achenbach, interim manager for Co-op County Partners, then appeared in opposition. The coop has a feed facility near this proposed site. He said that the coop relocated their feed facility to its present location in 1997 because it was too close to residential areas. If more homes were built in the area they may find themselves in the same situation again.
Ms. Sharon Wyttenbach registered in opposition, but did not wish to speak.
Mr. Jack Wyttenbach, who farms southwest of this property, appeared in opposition. He is the owner of the pork producers adjacent to this property. He was concerned that more residential uses would give the home owners a larger voice than the farmers in the area. He stated that with siting regulations and proposed legislation it is getting more difficult to locate farming operations. They could not just move a farm. He also addressed the point that irrigation contributes to pollution. He stated that they use a sprinkler system as opposed to flood irrigation and this doesn't produce any type of pollution.
Mr. Fritz Wyttenbach, a land owner to the south, also appeared in opposition. He reviewed the land uses around this project. He stated that when they put up their first hog house there was a petition circulated to prevent it. The more residential uses in an area the bigger threat to farming. He requested the Committee take a good look at this proposal and deny the petition.
Mr. Halsey Sprecher, Prairie du Sac Town Chairman, appeared. Mr. Sprecher gave a brief history of the property and area. He reviewed the town comprehensive plan as it related to this area. The map that Mr. Bender referred to as Figure 8 which showed the area as residential was only a proposed plan map, not an approved zoning map. He said the Town of Prairie du Sac intended to protect agriculture. The town did not act on this petition because they were not requested to do so.
Mr. Richard Nolden, Town of Prairie du Sac Clerk, appeared in opposition. Mr. Nolden stated that the town held a public hearing in January of 2004 regarding this matter. He stated that residents were against the development because of taxes, noise and traffic. They were also concerned that 23 new homes in this area could pollute wells.
Mr. Allen Nolden appeared as interest may appear. He currently owns a property developed by Dennis Bender. He expressed his concerns regarding well problems. He also noted that his cul-de-sac could now possibly be a through street.
Mr. Dan Baun, manager of Consumers Co-op, appeared and had similar concerns as Mr. Achenbach. He said that there would be additional constraints put on his facility because of added residential pressure.
Mr. Lance Gurney, Planning and Zoning Director, then appeared. He said that the Town of Prairie du Sac's plan was first adopted in 1984 and the Town adopted exclusive agricultural zoning in 1986. There was some discussion on when certain certified surveys were approved and recorded. Mr. Gurney reviewed the choices the Committee had. They could postpone the decision, approve the request, deny the request, or modify and approve it.
Ms. Ashford did not understand how such a request could be modified for approval. It was clarified that the Town of Prairie du Sac does have a land division ordinance which was adopted in 1999, so actually both the County and the Township ordinances prevail.
Seeing that no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 11:00 A.M.
Mr. Gaalswyck stated that some places that are in agriculture should remain in agriculture. This area was very suitable for farming and possibly the existing homes should not have been allowed there from the beginning. Motion by Gaalswyck, seconded by Ashford to deny this request. Mr. Lehman stated that farmers don't need any additional conflicts. Motion carried unanimously.
Motion by Ashford, seconded by Lehman to adjourn. Motion carried.
Respectfully submitted,
Judy Ashford, Secretary