TOWN OF WEST POINT PLAN COMMISSION MEETING Pursuant to Wisconsin State Statues 19.84 the Plan Commission of the Town of West Point held their semi-monthly meeting on Thursday, May 4, 2006 at the West Point Town Hall, N2114 Rausch Road, Lodi, Wisconsin. The meeting was posted in three places as required by law and on the web. Fred Madison called the meeting to order at 7:40 p.m. Members present were: Fred Madison, Kevin Kessler, Sheila Landsverk, Nathan Sawyer, Ron Schoepp and Gordon Carncross (town board representative). Also present was Edith Eberle – Town Clerk. Agenda #2 - Public Hearing for Larry & April Sawyer for Exception to Ordinance No. 9-20-05A – Section 2 (F) – A division of land allowing an individual who is related by blood or marriage who is actively engaged in the farm operation of the landowner farmer to construct an additional singlefamily residence on the farm. Tax parcel is #402 – Larry Sawyer explained that (Larry & April) would like to do a 2 acre CSM dividing the house and garage from the rest of the farm buildings and sell the house and garage to son in law and daughter Andy and Joanna Jones who are actively engaged in the farm operation. Therefore they are asking for the Plan Commission to consider an Exception to Ordinance No. 9-20-05A – Section 2 (F) – A division of land allowing an individual who is related by blood or marriage who is actively engaged in the farm operation of the landowner farmer to construct an additional single-family residence on the farm. There was no one present that spoke against the exception to the Ordinance No. 9-20-05A – Section 2 (F). Agenda #3 - Public Hearing for a 4 Lot CSM for Savannah Ridge LLC – Gene Harbort – Rausch Road – Tax Parcel #16.B – Chairman Fred Madison apologized for having the 2nd public hearing – it was not intentional that everyone did not get proper notice of the public hearing that was held in September, 2005. The town clerk had send out 37 letters to adjacent landowners for the public hearing. Mike Zitnick a neighbor had the following concerns There was only 4 Savannas Oaks shown in the proposed CSM – there was 1 Savanna Oak that was omitted which is located in the middle of Wild Woodway Density – the Abley property has 4 larger lots – the Ryan property were 2 acre lots – there is 10 acres left that could have 17 homes May 4, 2006 Page 1 of 7 build Mr. Zitnick read from the Town of West Point Sub Division Ordinance that if the CSM boundary's water that copies of the proposed CSM should be forwarded to WDNR for review – the water boundary is not shown on the CSM but Mr. Zitnick stated that the OHWM is 350 feet and he felt that the WDNR should review the CSM The public hearings were adjourned at 8:00 p.m. Agenda #4 – Approve minutes – April 20, 2006 – The minutes had been emailed to the Plan Commission members prior to the meeting for their review. A motion was made by Sheila Landsverk to approve the minutes as amended, 2nd by Gordon Carncross – motion carried. Agenda #5 – Swear in new members to the Plan Commission – The Town Clerk Edith K. Eberle swear in Kevin Kessler and Sheila Landsverk – their terms will expire April 30, 2009. Agenda #6 – Correspondence – A letters was received from Mike Zitnick, and Mr. Shears with concerns on Savanna Ridge. Gordon Carncross stated that he had talked to John Bluemke with Plan Commission concerns. Agenda #7 – Citizen Input – Doug Richmond – County Board Supervisor stated that there is a Bill SB681 on the Governors desk that would eliminate the change the park fees from Counties and Municipalities from future development . Kevin Kessler personally spoke in respond to Mike Zitnick comments at the public hearing that the Plan Commission takes the citizens comments given at the public hearing as advice. Agenda #8 - Larry & April Sawyer for Exception to Ordinance No. 9-2005A – Section 2 (F) – A division of land allowing an individual who is related by blood or marriage who is actively engaged in the farm operation of the landowner farmer to construct an additional single-family residence on the farm. Tax parcel is #402. Larry Sawyer explained to the Plan Commission that (Larry & April) would like to do a 2 acre CSM dividing the house and garage from the rest of the farm buildings and sell the house and garage to son in law and daughter Andy and Joanna Jones who are actively engaged in the farm operation. Therefore they are asking for the Plan Commission to consider an Exception to Ordinance No. 9-20-05A – May 4, 2006 Page 2 of 7 Section 2 (F) – A division of land allowing an individual who is related by blood or marriage who is actively engaged in the farm operation of the landowner farmer to construct an additional single-family residence on the farm. A motion was made by Kevin Kessler to recommend to the town board that they approve the exception to Ordinance No 9-20-05A-Section 2 (F), 2nd by Sheila Landsverk – motion carried. Nathan Sawyer abstained from voting. Agenda #9 – Review and possible action on 4 lots CSM for Savannah Ridge LLC – Gene Harbort – Rausch Road – Tax parcel #16.B – Attorney Jeff Clerk updated the Plan Commission on the set of legal documents as follows: Agreement for Land Division Improvements Declaration of Vision Easement Declaration of Covenants and Restrictions page 6 – lot 2 has a larger building envelope that defines the permissible area for construction of a home and to protect the oak trees with guidelines recommended by an arborist no direct access from Rausch Road for Lots 2 & 3 – they will enter from Wildwood Way The following concerns from residents were as follows: Mr. Robert Shears letter with concerns that an escrow fund be established - Attorney Clark stated that the Town of West Point requires a letter of credit Mr. John Ferris letter with storm water concerns – a letter from Joe Costanza – Town Engineer states that all storm water concerns have been met Mr. Mike Zitnick letter with the following noncompliance to the Town of West Point Land Division and Subdivisions Regulations in Chapter 6.00 as follows: 6.03(E) - Land Suitability 6.03(F) – Existing Flora 6.09 (A) – Land Resources, Water Resources, Biological Resources, Water Resource Limitations, 6.07(C)(3)(j) – Lot Design – Preservation Needs to be submitted to WDNR for NR151 review as it is within 500 feet Lake Wisconsin May 4, 2006 Page 3 of 7 Attorney Jeff Clark stated the 6.09 A, B is guidelines to the Plan Commission – suitable for development. Tom Pinion from MSA stated that all concerns raised have been satisfied and that the WDNR will look at the Erosion Control and Storm water plan when they have been approved by the Town of West Point. The Town of West Point has a check list of criteria that needs to be met – Kevin Kessler feels that all criteria issues have been met. A motion was made by Kevin Kessler to recommend approval of the CSM contingent upon DNR review if required, 2nd by Nathan Sawyer – there was discussion – the motion was amended to include the following: 1. Submission of final plans and specifications in connection with storm water run off and erosion control, prepared by a professional engineer to the Town's engineer for review and approval, all in accordance with the Town's Code of Ordinances 2. Submission of the Declaration of Covenants and Restrictions for the Certified Survey Map in a final form satisfactory to the Town Engineer, Town Attorney, and Town Board, which, when approved, shall be recorded immediately after the CSM. 3. Payment of all fees in connection with the CSM application including, but not limited to, the CSM review fees including the fees of the Town Engineer and Town Attorney and the fee in lieu of dedication to parkland in the amount of $4,250.00. All fees shall be paid current prior to the recording of the CSM. 4. Providing satisfactory evidence that Savannah ridge, LLC is s Limited Liability Company in good standing with the Department of Financial Institutions, is still the owner of record of all the lands contained within the CSM, and that Eugene Harbort has the requisite authority to bind the LLC. 5. Obtaining approval of any other agency having legal approval or objecting authority over the CSM. 6. In the Declaration of Covenants on Page 6 (2) should read as follows: A whole tree may only be removed after the Owner of Lot 2 has consulted with a qualified arborist and obtained, in writing, the arborist's professional opinion that the tree is dead, diseased, dying or otherwise constitutes a significant hazard to the Owner, occupants and invitees of Lot 2. The written opinion of the arborist shall be place on file with the Town Clerk before the tree is cut down. White Oaks should not to be trimmed between October 15th - April 15th. May 4, 2006 Page 4 of 7 A roll call vote was taken – Gordon Carncross – No; Ron Schoepp – No; Sheila Landsverk – No; Fred Madison – Yes; Kevin Kessler – Yes; Nathan Sawyer – Yes – tie vote – no action. A motion was made by Ron Schoepp to get WDNR input on the proposed CSM if Jim Grothman has not sent the CSM to WDNR, 2nd by Gordon Carncross – motion carried. Tom Pinion will hand deliver the complete submission of the CSM on Friday (May 5th) – which will allow WDNR 20 days to review the CSM. Agenda #10 - Preliminary Plat Review for Inglewood Prairie Subdivision/Condominium – Tax Parcel #39.1, #390, #386 and 401.1 7 lots off Golf Road for Susan Sykes, 4 lots for Single Family homes and lot 7 is 3.9 acres for three (3) condominiums – Tom Pinion from MSA presented a revised Preliminary Plat of 5 single family lots – on lot 5 one home build no condominiums. The Plan Commission liked the proposed new plan. The storm water plan needs to be revised – there will be a 10 foot flag strip that connects to the water to give lot 5 a pier. The landscape plan is still in affect with the concerns of the steep bank. Attorney Jeff Clark will clean up the documents for the Plan Commission review on May 18th meeting and then final recommendation to the Town Board at the June 1st meeting. Agenda #11 – Review and possible action on Economic Development Policies, Goals, Objective and Narrative – At the April 20th meeting the Plan Commission members were given copies of the proposed Economic Development Policies, Goals, Objective and Narrative for their review. The Plan Commission had a few minor changes in the Narrative as follows: 6.3.5 Technical College Programs (and Universities) MATC – Madison and Reedsburg Universities – UW Baraboo and Madison 6.5 – Deleted NEW A motion was made by Ron Schoepp to recommend approval of the Economic Development Policies, Goals, Objectives and Narrative to the town board, 2nd by Kevin Kessler – motion carried. Agenda #12 – Review of the Sub-Division Ordinance to make changes in the Condominium section and Driveway Ordinance – Sheila Landsverk suggested the Land Division, Storm Water and Driveway ordinances could be strengthened regarding condominium development. Professor Brian Ohm had discussed this at the WAPA 2006 Spring Pre-conference workshop. Sheila indicated that local ordinances may not prohibit or otherwise place May 4, 2006 Page 5 of 7 additional burdens on condominiums that conventional developments are not required to meet. However, it is considered prudent to make condominiums comply with the same requirements as conventional subdivisions such as street widths, storm drainage issues and open space requirements. Sheila said a simple statement in each applicable ordinance that the provisions of the ordinance apply to condominiums is all that is necessary. Sheila then asked Attorney Jeff Clark his opinion. Attorney Clark spoke in favor of not changing the ordinances to make them applicable to condominiums. Attorney Clark felt condo's have private drives off town roads the reason is because of the maintenance of roads. Sheila also brought forth a suggestion from Town Supervisor Bob Ham that we add the following statement to our Land Division Ordinance "Land division shall not result in lots no smaller than the average lot size in the immediate definable area". Attorney Clark was not in favor of this addition and spoke generally about how we could change the minimum lot size. Chairman Fred Madison stated the ordinance doesn't need to be changed now since we have a moratorium, and the Ordinances will be revised according to our Comprehensive Plan when it is completed. Sheila Landsverk said we have already made changes to the ordinance while in comprehensive planning and this is no different. Attorney Clark agreed to look at the issue in more detail. Agenda #13 – Comprehensive Planning Issues and Update - Kevin Kessler had prepared a letter to John Bluemke, Columbia County Planning and Zoning Department for the Plan Commission review. A motion was made to present to the town board with the revisions that the Plan Commission recommended, 2nd by Ron Schoepp – motion carried. Agenda #14 – Lake Planning Report – Sheila Landsverk stated the lake grant is due by June 30th and we have not yet accomplished our overall big picture strategic planning initiative on the greater Lake Wisconsin as required in our grant. Sheila said we should request a 6 month extension to complete this activity. . A motion was made by Kevin Kessler to ask the DNR for a 6 months extension, 2nd by Ron Schoepp – motion carried. Chairman Fred Madison will write the letter asking for a 6 months extension and report back next meeting. Agenda #15 – Next Meeting Agenda – May 18, 2006 – A representative from DOT will speak to the Plan Commission on concerns such as bike routes funding, their process for working with communities on land divisions and access on state roads, and future plans for State Highway 188, May 4, 2006 Page 6 of 7 Savannah Ridge, Inglewood Prairie Subdivision, Comprehensive Planning Issues and Update, Town Board Report, Lake Planning Report and any other legally added by the Town Clerk. Agenda #16 – Adjourn Meeting – A motion was made by Ron Schoepp to adjourn the meeting at 10:30 p.m., 2nd by Nathan Sawyer – motion carried. Respectfully Submitted, Edith Eberle Town Clerk May 4, 2006 Page 7 of 7