Minutes of the Town of Cross Plains

Plan Commission Meeting

September 17, 2007

PRESENT:

COMMISSION MEMBERS: Jim Boland, Chair; Carl (Pat) Jones, Vice Chair;

Mike Coyle; Ken Esser; Wayne Parrell; Jeff Baylis; Amelia Williams

BOARD LIAISON: Arnold Harris

TOWN OF CROSS PLAINS BOARD SUPERVISORS: Vera Riley; Harold Krantz

DANE COUNTY PLANNING & DEVELOPMENT representative: Brian Standing

Approximately 17 citizens

8:00 PM – 10:00 PM

After Jim Boland brought the meeting to order, Williams called the roll. Finding all commission members, two board members, and about 17 citizens in attendance, Williams read the minutes from the September 4th meeting. The minutes were unanimously approved as read.

REZONE APPLICATIONS

            Gary Laufenberg was not present, so his rezone Petition # 9778 was tabled.

            Mark Farrell presented a preliminary Certified Survey Map for rezoning three parcels from AG1-EX to RH-1.  His intention to “make farm purchase affordable to continue farming, by selling off 2 available splits: lot 1 of 2.8 acres and lot 2  of 2.5 acres, and putting the farm houses (lot 3) into RH-1 zoning as well.  According to the Town of Cross Plains Land Use Plan,  he is entitled to two splits with 80 acres, and an additional split for the farm buildings.  Coyle moved, Baylis seconded to accept. The Commission voted unanimously to recommend this change to the Board. 

            Discussion of County regulations followed to clear up how future land splits might be possible because farmland to the north of the 80 acres is also owned by Farrell.  Brian Standing said that since the parcels were separate in 1981, no more splits could be applied to this parcel, but if the Town initiated Transfer of Development Rights (TDR’s) in the future, something along these lines might be possible. Coyle mentioned that a deed restriction would be put on the land by the County, and Standing stated that such deed restrictions are intended as protection for future owners. The county looks for changes in the town plan to allow for such changes.

QUESTIONS FOR BRIAN STANDING:

1. What changes would we have to make to bring it into compliance with Smart Growth?   Most townships have kept most of their existing plan as the land use portion of their plan, then worked on the other 8 elements of the plan.  The Dane County Planning & Development group helped the Town of York plan, hoping that it would be a boiler plate, a good starting point for other towns.  Towns have done it in different ways – through volunteer labor or consultants.  Some of the best plans have been done by the towns themselves.  Most of the consultants work in cities and villages, where more money is available for the work.  Dane County can help, especially with the mapping work and technical data.

2. Procedure for a Map Amendment to the Land Use Plan. Standing agreed that it was not clear whether the Board or the Commission should get the application first, but that the public hearing must come first.  Baylis mentioned a 30-day clock, starting at the referral of the Board to the Commission. Having the Board refer the issue to the Commission would cover the bases safely for this, and the Board’s giving the Commission a blanket referral would also work.  

a. 1/35 rule and amendments to the plan.  If the town board approves a density change, and if the County board goes along with the reasoning – the present County Board usually looks for a trade-off, which fulfills some of the County’s objectives.

b. There is no time limit on time for the County Board to make these decisions.

c. Standing mentioned that it is up to the Town whether they want to go forward on a single development or to step back and look to the future, working more generally on the future plan.

d. The Parks and Open Spaces Plan does not intend to use eminent domain, but works with willing sellers to do achieve its ends.

e. Standing talked about the three general levels of going forward on such plans how the town and county work together.  Usually when a town makes its own requirements, they make the rules more stringent than those of the County.

i. Recommendation from the Town

ii. County (subdivision plat requirements must be met)

iii. Back to the Town Board for final approval, which after 2010, must be in accordance with their Comprehensive Plan.   Arbitrary decisions are illegal. But local discretion is usually upheld.

f. Stages show increasing levels of detail: Town & County are involved in each:

i. a plan change,

ii. the zoning decision (use town standards, or you may use county zoning),

iii. land division decisions are the details – how to lay it out.

3. Annexation Questions.  Boland asked what could we do to protect ourselves from annexation.  Standing said most communities rely on intergovernmental agreements.  Or conservation easements (Since these are not tied to zoning decisions or regulation, they can make annexation less attractive.) Landowners have control over whether they want to be annexed. Discussion followed over the Town of Middleton agreement with Madison, a western boundary of Pioneer Road, in effect until 2060.  Would a line of houses or public lands along Timber Lane help stave off annexation? Since the Town of Middleton will probably not incorporate, it might not be a question, at least soon. Also public lands are not so likely to be annexed, but it is possible and complicated.  Annexation might be possible to the Village of CP, and “balloon on a string” annexation is theoretically possible, probably not too probable.

4. Coyle: Can a landowner deed restrict his property such that the Ice Age Trail not pass through it? Yes, he can record almost any deed restrictions he wants on it.

5. The new plans must be reviewed, and amended every 10 years.  It can be amended any time.

Relationship of the County Plan to the Town Plan is unlike cities and villages, in that County board has discretion over which elements of the Town Plan to select.  The relationship is intended to remain as it is now.  The County cannot delegate its responsibility.  Towns should send plans for adoption – It is best to have all the rules the same for the county and town, so as not to confuse the issues for landowners.  Usually it gets worked out between the town and County.

Boland:  Has Dane County contacted other counties for sharing some resources and ideas? – some, but Dane County would like to do more.

S. Harris asked about C-2 commercial development.   What is the relationship between splits and the commercial plots?  Standing replied that the county would defer to the town, and the town should clear up the language in their plan. There is a list of question which you will want to ask. See the web site.

            C-2 is a wide commercial zoning district.  What is usually done is to figure out which uses you would like to omit, and then deed restrict it to the uses you would permit. This is outdated zoning wording, but the town could deed restrict the size, height, etc. The County enforces the deed restrictions.  The county must make a set of findings each time a use goes out of AG-1 EX.  We can’t make these findings unless we know the specific uses of the property.

Thanks to Brian Standing, for coming to the meeting – ovation.

QUESTIONNAIRE SURVEY

The survey questions were unchanged, but there was a difference opinion as to where the surveys should be sent. After discussion, the following method was moved by Baylis and seconded by (Esser ?), and passed unanimously.

o The questionnaires will be numbered, with a master list of number/names held only by the consultant, and held only for checking purposes:

§ If a town member did not receive a questionnaire – why not?

§ If two questionnaires have the same number (two from the same person?)

§ If a questionnaire or group of questionnaires gets lost – we need to know.

§ The consultant will not have access to the written questionnaires.

o Citizens mail it back to T of CP Plan Commission, PO box 24, Cross Plains 53528.

o The secretary and one member of the PC will pick up the questionnaires, count them, and take them to the secretarial service. The secretary keeps a count.

o The secretarial service will cover up the names, tally the questionnaires in a spreadsheet, check the tally, and at the end of the three-week period, will return the results to the Plan Commission. The service will include all open-ended answers.

o Statistical analysis will follow, but the results will be available as soon as they are given to the Plan Commission.

The commissioners will look at the mailing list at the next meeting to check for missing names. Every effort will be made to find people if their addresses are wrong or missing.

PRESS RELEASE: Commission members made corrections and shortened the release.

            Order of sending:  One press release (attachment A) should be put into the papers one week before the survey is sent, and one after it has been sent.  Baylis suggested posting them in many places of the Town as well. 

PUBLIC PARTICIPATION PLAN – discussion of Bob Bowman’s paper. Consensus was that we were actually doing what he said, and that we could talk about this next time.

WEB SITE:  Williams described the website she had set up, and asked for permission to link to the Town Web site.  The Commission members will review the contents of this site, make decisions on it, and then Williams will publish it once the link has been established.

MAPS: Harris reported that the maps were being recreated by the County. Three 3x4 large maps are being prepared and laminated:  Land use 1981, Land Use 2000, and Town Zoning.

PETITION PROCEDURES – Tabled a procedure from Jeff for discussion at the next meeting.

MEMO FROM JIM SCHMITT – Tabled discussion of memos from Schmitt to the Board about the plan amendment procedures.

NEXT MEETING:  OCTOBER 1^st 2007, 8:00.

Esser moved, Jones seconded motion to adjourn.

ACTION ITEMS:

Boland: Agenda to Amelia by Friday morning, September 21 ! !

Williams: Contact the Secretarial Service. Create folders for petitions by section number            (1 – 36). Send minutes, final News Release, Baylis’ list, and web link to        Commission;    

Baylis: Help Williams create Ordinances for the web site. Continue writing

Harris: Bring large maps; work with Williams on secretarial service

All Commission Members:

            Look at Website proposal; send critique to Williams via email. 

            For discussion next time: re-read Bowman’s PPP, Baylis’ petitions list, Schmitt’s           memos. Suggestion: looks like no matter what the procedure is, we’ll have to set    up a Public Hearing, so that might be on the agenda, too – AW)

Submitted via email to 5 Commission members, Sept 19, 2007, Esser & Jones via regular mail.

Amelia Williams, Secretary – Minutes amended with input from Oct 1 meeting, on Oct 2.