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Comprehensive Planning Committee
Thursday, September 15 2011
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting

AGENDA

1. Call to order.
2. Approve the minutes of the 7/21/11 and the 8/15/11 meetings.
3. Review and discuss revisions to the Code of Ordinances and the Comprehensive Plan.
4. Schedule the next meeting.
5. Public Comment.
6. Adjournment.



Brenda A. Schneider
Clerk


MINUTES

The Town of Taycheedah Comprehensive Planning Committee met on Thursday, September 15th, 2011, at 6:30 p.m., at the Taycheedah Town Hall. Members present were: Ed Braun, Neal Nett, Rebecca Ries, Brenda Schneider, Joanne Thome, and Mike Wirtz. Absent was Jerry Guelig. Excused were Joe Thome and Tim Krawczyk. Also present were Consultant Jeff Sanders and two interested persons.

1. Call to Order. Chairman Ed Braun called the meeting to order at 6:34 pm.

2. Approve the minutes of the 7/21/11 and the 8/15/11 meetings. Neal Nett motioned, seconded by Rebecca Ries, to approve the minutes of the 7/21/11 meeting. Motion carried (6-0-3 absent).
Joanne Thome motion, seconded by Neal Nett, to approve the minutes of the 8/15/11 meeting with the following corrections: change "forming" to "farming"; change Section 13-1-53(b)(3) to Section 13-1-58(b)(3); change Section 13-1-53-B to Section 13-1-58-B; and include MRC and MCI in Section 13-1-40(a)(17). Motion carried (6-0-3 absent).

3. Review and discuss revisions to the Code of Ordinances and the Comprehensive Plan.

The following previously recommended revisions were further discussed with consultation from Mr. Sanders:

Section 13-1-8(b)(4)(c), farm residence. Delete ,including normal residential appurtenances.

Section 13-1-8(b)(9)(i), Agricultural Use. Add to the definition, based upon Wis. Stats., Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation program.

Section 13-1-8(b)(48), Farm Acreage. Previous Committee action was to replace the initial draft language with "The size of the farm in acres". Based upon a recommendation by Jeff Sanders, on a vote of 5-0-1 abstention (Rebecca Ries), the language will revert to the initial draft. The definition of Farm Acreage will be stated as follows: The combined total acreage of all of the following in the base farm tract: a. Farms, b. Open space parcels of more than 10 acres. Committee consensus was to entertain further discussion regarding a possible change to the 10 acres.

Section 13-1-8(b)(59), Gross Farm Revenue. Committee requested clarification of the purpose of including financial program qualifications in the Town Zoning Code. Based upon Mr. Sander's explanation and recommendation, Committee consensus was to retain the definition.

Comprehensive Planning Committee
September 15th, 2011

Section 13-1-8(b)(87), Nonfarm Residential Acreage. Previous Committee action was to delete all parcels of 10 acres or less that do not qualify as farms, and the parcel to which the conditional use permit application pertains. If a residence is located or proposed to be located on an undivided farm, but does not qualify as a farm residence, the size of the residential parcel is deemed to be 10 acres. Based upon an explanation and recommendation by Jeff Sanders, the Committee consensus was to revert to the initial draft language. Committee consensus was to entertain further discussion regarding a possible change to the 10 acres.

Section 13-1-8(b)(95), Person. Committee requested Mr. Sanders clarify whether or not a person(s) operating under more than one LLC are considered separate "persons" and therefore, will have separate farm tracts for each LLC. Mr. Sanders recommended obtaining a legal opinion.

Section 13-1-52(c)(4), Transportation, Utilities, Communications Facilities. Previous Committee action was to add cell phone towers, wind turbines. Committee consensus was to require a conditional use permit for these structures. It was noted that (c)(7) refers to wind energy and (c)(2) refers to cell towers. Committee consensus was to delete cell phone towers, wind turbines from (c)(4). Jeff Sanders recommended obtaining a legal opinion as to whether or not cell towers need to be classified as a permitted use and whether or not cell towers would be defined as "communication facilities".

Section 13-1-52(d)(2), Nonfarm Residences. Mr. Sanders clarified that if someone purchases an entire farm solely for the purpose of increase cropland, the separating of the home/barn would be a non-farm residence. If the base farm tract has exhausted its non-farm residence benefit, the lot would have to be created by rezone to A-2 and certified survey would be created to accomplish the split.

Section 13-1-52(d)(3), Nonfarm Residential Clusters. Committee requested a definition. Mr. Sanders will add the definition to Section 13-1-8.

Section 13-1-52(d)(4)(a), Agricultural and accessory uses on farms. Committee requested an explanation of the impact of ATCP 51. No explanation could be provided. Further research will be needed.

The following are additional revisions recommended by the Committee:

Section 13-1-8(b)(106), Roadside Stand. Committee discussed compiling a definition that would be applicable to ag-land owners selling their products in an area other than 50 square feet at the roadside. Further research will be done. Committee consensus was to retain the current definition for roadside stand to be applied as defined.
Comprehensive Planning Committee
September 15th, 2011

Section 13-1-52(a), Purpose. Delete (EAU/FP).

Section 13-1-52(c)(1)(b)(1), Roadside stand. Change 200 square feet to 50 square feet.

Section 13-1-52(c)(1), Agricultural Uses and Accessory Uses. Committee discussed, with no consensus, to add "Home Occupation" to the list of permitted uses. Further discussion may take place in the future.

Section 13-1-52(d)(4)(a), Agricultural and accessory uses on farms. There was discussion of adding language pertaining to ag-land owners selling their products in an area other than 50 square feet at the roadside. Mr. Sanders will compile draft language for future review by the Committee.

Section 13-1-52(d)(9)(b), Nonmetallic Mineral Extraction. The operation and its location in the A-1 zoning district are consistent with the purposes of the farmland preservation zoning district. Delete the item in its entirety.

Section 13-1-72(c)(3), Home Occupations, Permitted Use Exception. Farm produce stands are conditional uses in all Residential District. Delete the item in its entirety.

Section 13-1-75, Conditional Uses Allowed in All Districts. The following are conditional uses in any district, with the exception of the A-1 district: Electric and/or gas substations, public waterworks and appurtenant structures, telephone exchanges, police stations and governmental administration buildings. Delete this section in its entirety.

Section 13-1-76(g)(2)(j), Areas prohibiting telecommunication facility. The current Town of Taycheedah Comprehensive Plan was adopted May 11, 2009. Change the date accordingly.

Additional recommendations presented by Jeff Sanders:

Section 13-1-52(d), Conditional Uses. Currently the Town's Board of Appeals conducts public hearings for conditional uses. Mr. Sander advised obtaining a legal opinion regarding such work being performed by the Plan Commission instead of the Board of Appeals. He noted that the Board of Appeals hears petitions on appeal submitted by aggrieved persons.

Sign, accessory structure, landscape, telecommunication structure, and night sky ordinances. Mr. Sanders recommended removing these ordinances from the Zoning Code. Instead separate each one of them as stand-alone ordinances. Legal assistance will be obtained.

Comprehensive Planning Committee
September 15th, 2011

4. Schedule the next meeting. The next Committee meetings will be held on Monday, October 17th and Thursday, November 17th (with Mr. Sanders). Both meetings will begin at 6:30 pm.

5. Public Comment. Discussed options for rezoning property that is non-agricultural.

6. Adjournment. Joanne Thome moved to adjourn at 10:04 p.m., seconded by Mike Wirtz. Motion carried (6-0-3 absent).


Respectfully Submitted,
Brenda A. Schneider
Committee Secretary




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