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Plan Commission
Thursday, September 4 2014
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that the Plan Commission of the Town of Taycheedah will meet on Thursday, September 4th, 2014, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of making a recommendation to the Town Board

1. Section 13-1-54 B-1 Business District with Public Sewer
Subsection (d)(5) Minimum Lot Size
Consider reducing the minimum lot size from "one (1) acre" to "one-half (1/2) acre".
2. Section 13-1-71 Bed and Breakfast Establishments
Subsection (b) Definition
Consider increasing the maximum number of rooms provided for lodging from "Four (4) or fewer" to "Eight (8) for fewer". This amendment will be consistent with the definition found in Section 13-1-8(b)(1) and the DHS Administrative Code.
3. Section 13-1-76 Exclusive Agriculture/Farmland Preservation
Mobile Tower Siting Permit Ordinance
Consider adopting an ordinance for the regulation by Zoning Permit; (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regards to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.


PLEASE TAKE FURTHER NOTICE that the Town Board will meet on Monday, September 8th, 2014, at 7:00 p.m. at the Taycheedah Town Hall for the purpose of considering the recommendation of the Plan Commission and to act on the above noted amendments to the Zoning Code.

Town Board members may be in attendance at the Plan Commission hearing.

Dated this 26th day of August, 2014.
Brenda A. Schneider, Town Clerk


MINUTES

PLAN COMMISSION
PUBLIC HEARING
ZONING CODE AMENDMENTS
THURSDAY, SPETEMBER 4, 2014
7:30 P.M.
TAYCHEEDAH TOWN HALL

Members present were Chairman John Wagner, Bud Sabel, Joan Simon, Joe Thome, Leon Schneider, Bill Spieker and Secretary Brenda Schneider. Absent-Tim Simon.

The purpose of the public hearing was to make a recommendation to the Town Board regarding various Zoning Code amendments. The proposed amendments were as follows:

1. Section 13-1-54 B-1 Business District with Public Sewer
Subsection (d)(5) Minimum Lot Size
Consider reducing the minimum lot size from "one (1) acre" to "one-half (1/2) acre".
2. Section 13-1-71 Bed and Breakfast Establishments
Subsection (b) Definition
Consider increasing the maximum number of rooms provided for lodging from "Four (4) or fewer" to "Eight (8) for fewer". This amendment will be consistent with the definition found in Section 13-1-8(b)(1) and the DHS Administrative Code.
3. Section 13-1-76 Exclusive Agriculture/Farmland Preservation
Mobile Tower Siting Permit Ordinance
Consider adopting an ordinance for the regulation by Zoning Permit; (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regards to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

The Chairman Wagner called the public hearing to order at 7:00 pm.

The following explanations were provided by the Clerk:

Section 13-1-54 B-1 Business District with Public Sewer
Subsection (d)(5) Minimum Lot Size
Consider reducing the minimum lot size from "one (1) acre" to "one-half (1/2) acre".

In February, 2014, the Town approved comprehensive revisions to the Zoning Code. Some of the revisions were required in order to maintain certification with the Wisconsin Dept of Ag, Trade & Consumer Protection. The certification is required in order for agricultural land owners to apply for Farmland Preservation property tax credits.
Several of the revisions affected other zoning districts; one of which was the Business with Public Sewer (B-1) District. The Comprehensive Planning Committee and Plan Commission recommended increasing the minimum lot size from 0.5 acre to 1 acre due to a concern that 0.5 acre may not provide sufficient space, in the interest of public safety, for an active high-traffic business.
Recently, a Certified Survey Map splitting a 2-acre B-1 zoned lot into three lots required a variance from the Board of Appeals in order for the Town Board to approve it. Each of the three new lots failed to meet the 1-acre minimum.
The Town Board requests the Plan Commission conduct a public to consider recommending reducing the minimum lot size back to 0.5 acre.

Motion by Bill Spieker, second by John Wagner, to recommend the Town Board reduce the minimum lot size in the B-1 District from 1 acre to 0.5 acre. An official vote was never made to this motion. Motion by Joan Simon, second by Bud Sabel, to recommend the Town Board sustain the 1-acre minimum lot size in the B-1 District. Motion carried (6-0).

Section 13-1-71 Bed and Breakfast Establishments
Subsection (b) Definition
Consider increasing the maximum number of rooms provided for lodging from "Four (4) or fewer" to "Eight (8) for fewer". This amendment will be consistent with the definition found in Section 13-1-8(b)(1) and the DHS Administrative Code.

An inconsistency was discovered within the text of the Zoning Code. Section 13-1-71 states the maximum number of rooms provided for lodging in Bed & Breakfast establishments is "Four (4) or fewer". However, the definition contained in Section 13-1-8, states the maximum number of rooms provided for lodging in Bed & Breakfast establishments is "Eight (8) or fewer".
Per the Town's legal counsel, "Case law says that where there are conflicting definitions in a zoning ordinance, the conflict will be resolved in favor of the resident and in favor of greater use of the property."
The proposed amendment to "Eight (8) or fewer" is consistent with the State Administrative Code.

Motion by Bill Spieker, second by Leon Schneider, to recommend the Town Board amend Section 13-1-71 to state the maximum number of rooms provided for lodging in Bed & Breakfast establishments is "Eight (8) or fewer". Motion carried (6-0).

Section 13-1-76 Exclusive Agriculture/Farmland Preservation
Mobile Tower Siting Permit Ordinance
Consider adopting an ordinance for the regulation by Zoning Permit; (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and (3) with regards to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

Changes in State law regarding local regulations prohibits the Town from administration and enforcement of the ordinance adopted many years ago. The Town's ordinance was officially repealed in February, 2014. The State has adopted specific ordinance language that municipalities can adopt.
The Clerk had planned to present the new language for a recommendation; however, due to reasons beyond her control, the draft ordinance is not in final form for the Plan Commission's consideration. No action will be taken at this time. Consideration was postponed.

Motion by John Wagner, second by Joe Thome, to adjourn at 7:47 p.m. Motion carried (6-0).



Attest____________________________________
Brenda A. Schneider
Plan Commission Secretary




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Fond du Lac County, Wisconsin
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