GOVERNMENTAL BODY: WAUPACA COUNTY IMPLEMENTATION STEERING COMMITTEE MEETING
TIME: 6:30 P.M.
1. Call Meeting To Order
Chair Dennis Kussmann called the meeting to order at 6:35 p.m.
2. Roll Call
Implementation Steering Committee Members Present: Patricia Craig (County Board), Kay Ellis (Town of Dayton), Jane Haasch (Town of Dayton), Stefan Shoup (Town of Wyoming), Michael Orr (Town of Waupaca), DuWayne Federwitz (County Board/Town of Matteson), Steve Frings (Town of Farmington), Terry Murphy (County Board) and Dennis Kussmann (County Board).
Implementation Steering Committee Members Excused: Gary Marx (Town of Scandinavia), Jackie Beyer (Town of Little Wolf), Art Richardson (Town of Lind), Penny Leder (Town of Bear Creek), Douglas Behnke (Town of Bear Creek), Greg Blum (Town of Iola), Marvin Schneider (Town of Caledonia) and Michael Koles (University of Wisconsin-Extension).
Others Present: John Penney (County Board), Robert Ellis (County Board), Jane Shoup (Town of Wyoming resident) and Evan Abrahamson (Town of Waupaca).
Staff Present: Ryan Brown, Jean Gliniecki, Jeff Henneman and Jason Snyder.
3. Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public. Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”
4. Approve Agenda As Presented
Mike Orr motioned to approve the agenda as presented. The motion was seconded by Steve Frings. Motion carried unanimously.
5. Approve the Minutes from the October 24, 2012 Implementation Steering Committee Meeting.
DuWayne Federwitz motioned to approve the minutes as presented. The motion was seconded by Mike Orr. Motion was carried unanimously.
6. The Committee continued their review of the proposed amendments to the Waupaca County Zoning Ordinance.
Ø Section 1.04 - “The shoreland and floodplain regulations of this Ordinance and of Chapters 32 and 36 of this Code of Ordinances, when applied within the jurisdictional area as defined in Sections 59.692 and 87.30, Wis. Stats., supplement and take precedence over the less restrictive provisions of the respective zones, except that the water setback, roadway setback and yard setbacks for residential properties in shoreland areas specified in Chapter 32 shall control or prevail throughout all zones. No approval by any Town or Town Board shall be required for this Ordinance as it applies to shorelands or to the shoreland regulations of Chapter 32 of this Code of Ordinances.”
This revision allows the more flexible side yard setbacks of the shoreland ordinance to be applied. It also allows the roadway setback to be measured from the right of way which, with smaller lots and narrower road widths on some shoreland lots, can be crucial in establishing a building envelope. The Committee approved adding the underlined portion.
Ø Section 2.15 - Concern has been expressed over allowing accessory structures prior to principle structures in SR-10 and SR-20 zones. The Committee decided to add that accessory structures could not be built prior to the principal structure (dwelling) in the sewered residential zones.
Ø Table 5 – “Residential Accessory Structure” and in Section 6.06.7 – Take out the word “residential”. The Committee agreed.
Ø Table 5 – “Residential Accessory Structure” add as a permitted use under RC-N and RC-G to address existing residences located on commercial properties. The Committee agreed.
Ø Table 5 - “Single Family Residence” change “AC” administrative conditional to “P” permitted in AE and AE-FP. Also strike “Administrative Conditional (AC)” from the section heading.
“The following table identifies the Permitted (P) and
Conditional (C) and Administrative Conditional (AC) uses within the
Waupaca County Zoning Districts. Definitions and additional requirements for
these land uses are included in Section 6.0.” The Committee approved this
change.
Ø Section 6.03 - Strike the entire “Administrative Conditional Uses” section. If the administrative conditional use permit is deleted from table 5 (see above) this section is no longer necessary. The Committee agreed.
Ø Table 5 - “Temporary Occupancy of RV (over 30 days)” add “C” conditional use under Rural Residential. The Committee approved.
Ø
Table 5 – “Commercial
Animal Boarding or Breeding Facility” see below.
Section 6.07.13 - Strike “Boarding or Breeding” to make topic heading broader to incorporate animal hospitals, clinics and petshops.
“Commercial Animal Boarding
or Breeding Facility: Land uses where five or more animals six months
of age or older are bred by a person providing facilities for breeding and the
offspring are sold, or where such animals are received for care, training, and
boarding for compensation, not including a small animal hospital,
clinic, or pet shop. These uses include exercise yards, fields, training
areas, and trails.” The Committee approved.
Ø
Table 5 - “Personal
Storage Facility/Mini-Warehouse” and Section 6.07.15 - Strike out “personal
storage facility” and leave mini-warehouses due to the wording being
misleading. The Committee agreed.
Ø Table 5 - “Contractor Shop” add as a conditional use to PVRF, AE, AE-FP, AR, AWT and
RC-N. The Committee agreed.
Ø Section 6.10.4 - Strike RV storage from campground regs.
“Campgrounds
and Camping Resorts: Land uses designed, maintained, intended or used for
the purpose of providing camping sites for nonpermanent overnight use to
accommodate not more than one recreational vehicle (RV), motor home, pick-up
coach, travel trailer, camping trailer, park model, or tent per site. This use
also includes facilities for use by campers including restrooms/showers, active
and passive recreation areas, office/convenience store buildings, and necessary
accessory uses. Any public or private parcel of land containing two or more
recreational vehicles used for habitation and occupied twenty-four hours or
longer shall be deemed a campground or camping resort. In any residential
zone each home or cottage owner shall be permitted only one recreational
vehicle to be parked on his premises for storage purposes only. These
units are not to be rented, leased, or used for habitation purposes at any
time.” The Committee agreed.
Ø Section 6.06.14.b –
Strike “No recreational vehicle shall be parked, used stored or otherwise
placed upon any lot or parcel of land which is situated in a residential zoning
district.” Insert “In any residential
zone each home or cottage owner shall be permitted only one recreational
vehicle to be parked on his premises for storage purposes only. This is
proposed to allow individuals to store recreational vehicles on their property
in residential zones. The Committee agreed.
Ø
Campground Revisions - “No camp
shall be located in an area that is situated so that drainage from any source
of filth can be deposited thereon.” The Committee agreed to take this
sentence out.
Ø Section 1.07.49, Section 6.10.4 & Campground Revisions - Recreational vehicle definition in Sec. 1.07.49 specifically excludes tent while Sec. 6.10.14 and the proposed campground revisions include tent. Should tent be considered a recreational vehicle? The Committee decided no it should not and that tent should be deleted.
Ø Campground Revisions - “Any public or private parcel of land containing two (2) or more recreational vehicles used for habitation and occupied twenty-four (24) hours or longer shall be deemed a campground or camping resort”. Concern has been expressed over people spending a weekend plus on a property falling under a campground classification. How long would be appropriate? The Committee decided that the Planning & Zoning staff should check to see how other counties handle that.
Ø Section 6.09.9 & .10 - Clarification is needed between what constitutes a small versus large solar energy system. The Committee decided that the Planning & Zoning staff should check to see how other counties catagorize them.
Ø
Section 6.11.6.d
- “A business, activity, or enterprise, whether or not associated with
an agricultural use….” Strike out “whether or not” to ensure that
the use is associated with the agricultural use. The Committee agreed.
Ø Section 11.03.3 - Clarification regarding the exclusion being exclusively for residential use and limiting that height to 100 feet. The Committee agreed and if the tower exceeds 100 feet in height it would require a Conditional Use Permit.
Ø Section 11.05.5 - Remove 200 foot height limitation. Negate the necessity of a variance for towers exceeding 200 feet. The Committee agreed with this change.
Ø Section 14.03.5.a.2- Discussion regarding size limit exception for Land Use permit. The Committee agreed to leave the current proposal as is, which states any structure under 125 square feet does not require a Land Use Permit.
Ø Section 14.04.3.b.1 - Add requirement for survey map for variance applications. The Committee approved.
Ø Section 14.04.3.c.9 - Floodplain variance for less than 2 feet above regional floodplain elevation should only be applicable to dwellings. The Committee approved the revised verbiage for this section.
7. The Committee continued their review on the proposed amendments to the Waupaca County Subdivision Ordinance.
Ø Section 2.02.49 - Minor Subdivision definition, Section 2.02.68 – Subdivision definition and Section 4.10 Minor Subdivision section -- Discuss proposed change to requiring a CSM for all lots less than 40 acres. The Committee approved that proposed change.
Ø Section 3.02.4 - Insert:
“(h) Divisions of land created by the construction of a public right of way that was done solely on the authority of the local government. The eventual sale of either division will, however, require a Certified Survey Map in accordance with Section 3.02.2.
(i) Divisions of land that were created by a naturally occurring geographic feature such as a river or stream. The eventual sale of either division will, however, require a Certified Survey Map in accordance with Section 3.02.2.” The Committee approved these proposed additions.
Ø Figure 4.0: Preliminary Plat Approval Process and Section 4.02.4.h - Remove East Central Wisconsin Regional Planning Commission as a reviewing authority for preliminary plat review. The Committee agreed.
Ø Section 4.02.1 - Discuss the need for an “Area Development Plan”. The Committee felt this wasn’t necessary so they agreed to remove this whole section.
Ø Section 4.09 - Remove the entire section concerning retracement surveys. The Committee approved because they didn’t feel this was necessary.
Ø Section 12.01-12.05 - Amend to pay fees to Planning and Zoning Office rather than County Treasurer. The Committee agreed.
Pat Craig questioned in Section 3.09 Penalties – the removal of the portion that states “and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof for a period not to exceed six months.” She recommended that the Planning & Zoning staff check with Corporation Counsel on that.
There was a discussion on whether the numbers in the ordinances should be written out or be in number form. The Committee decided to do it both ways to eliminate any typo errors that could occur.
Also, the Committee decided to change all of the references from “Planning Director” to “Planning & Zoning Director” due to that being the official title.
Since the Committee at their last meeting decided to delete the word “remnant” out of these definitions:
Ø Certified Survey Map:
A map, prepared in accordance with Section 236.34 of the Wisconsin Statutes and
this Ordinance, for the purpose of dividing land into not more than four
parcels, inclusive of the remnant parent parcel, or used to document for
recording purposes survey and dedication data relating to single parcels.
Ø
Outlot: “A remnant parcel of land not to be
used for building purposes, so designated on the Plat or Certified Survey Map
which is any of the following:...”
The Committee decided to delete the definition for “remnant” out of the ordinance because now that word no longer exists in the ordinance.
The Committee decided to meet one more time to wrap up the final few proposed amendments to the ordinances at 6:30 p.m., Thursday, December 6, 2012.
8. Adjourn
At 8:53 p.m., DuWayne Federwitz motioned to adjourn the meeting. The motion was seconded by Mike Orr. Motion carried unanimously.