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June 6, 2012 Plan Commission
TOWN OF LYONS PLANNING COMMISSION
Meeting MINUTES OF June 6, 2012
Meeting called to order by Dave Held at 7:32pm, official meeting notice and agenda read by Al Bjorkman.
Agenda was revised to change tax parcel NA28220007 to NA282200001 in first agenda item.
Planning commissioners present were Dave Held, Dave Hill, Dick Houck, Leonard Wardzala and Al Bjorkman. The Town Chair and 5 interested persons were also in attendance.
APPROVAL OF MINUTES
Motion by Dick Houck, second by Dave Hill, to approve the last meetings minutes of 3/7/12 as presented. carried.
CATHERINE SCHMALFELDT, OWNER, REQUETSS REZONE OF PROPOERTY LOCATED AT 1316 BROOK RD. AND KNOWN AS AS TAX PARCEL NA28220001, PARTS OF NLY5000006 FROM A1 TO C2 AND C1. PURPOSE OF THE REZONE IS TO CONCORM TO ZONING OF PRESENT PARCELS AND ALLOW FOR CREATION OF ONE ADDITINOAL PARCEL.
Catherine Schmalfeldt presenting. Part of this is in cooperation with Walworth County Zoning to cleanup some old zoning errors, to add some acreage to the parcel, and to provide one extra C2 lot for one of her sons. Some discussion of the history of this parcel. A1 land that would be added is already owned by the petitioner and is poor farm ground high and the result of fill added when hospital road was worked on years ago. Current south lot would be added to her son Jeff’s lot which will primarily be C1 wetland zoning.
Bjorkman expressed a concern for the future possible precedent with this decision to remove some A1 land and move it into residential for any future person. We must be careful to follow the Land Use Plan and to treat each person before us with the same set of standards.
This may be a very unique situation that might not apply to other cases but again be cautious when we do this.
Dave Held indicated that if approved new surveys would need to be done and once complete would come back to the Town for final survey approval.
Motion by Al Bjorkman, second by Dave Hill to recommend approval of this rezone as presented to the Town Board, carried.
DAVID HELD, APPLICANT REQUESTS A REZONE AND AMENDMENT TO WALWORTH CONTY MULTI-JURISDICTIONAL LAND USE PLAN FOR PROPERTY LOCATED OFF STATE HIGHWAY 36 AND KNOWN AS TAX PARCEL NLY900001B FROM P-1 TO A-3. PROPOSED USE WOULD BE FOR GRAIN FARMING ON THE 31.13 ACRE PARCEL.
Dave Held presenting. (Dave Held stepped down from Plan Commission for this agenda item; Dick Houck took over as temporary chair of the meeting for this agenda item) Mr. Held has an offer to buy this parcel from the Lyons Lions Club. He noted that Walworth County indicated that this parcel is specifically mentioned in the Town 2020 Comprehensive Land Use Plan as recreational lands for the future recognizing the prior ag to park re-zone done years back when the Lyons Club purchased this parcel. Parcel also is within the sewer treatment service area and eventually this area and adjacent areas are slated for future development. A3 minimum acreage is 35 acres but the expansion of hi 36 reduced this to the current 31.13 acres and as such would be considered a conforming substandard parcel for the purposes of this proposed re-zone.
Considerable and lengthy discussion as to how the Town Comprehensive Land Use plan would have to be amended to change or remove the specific “recreation use ” wording. Dick Houck and Leonard Wardzala felt it very important to do this correctly for this or any future changes to the plan. This would be the first time we will be amending the plan and we must do it properly.
More discussion on possible wording, timing, and steps for the amendment process.
Eventually it was felt the following could happen:
Plan Commission requests Town Board publish 30 day notice of and hold a public hearing on this specific amendment.
Public hearing held in July as part of Town Board meeting.
Plan Commission meets (August meeting), post public hearing, to decide on the land use plan amendment and the re-zone.
Town Board receives (at their August meeting) P. Commission recommendations as to land use plan amendment and re-zone and forwards this onto the Walworth County.
Motion by Dave Hill, second by Leonard Wardzala to request that the Town Board call for a public hearing with 30 day notice to consider amending the 2020 Land Use Plan to consider changes regarding the wording for this parcel, carried.
Motion by Al Bjorkman, second by Leonard Wardzala, to table the P1 to A3 rezone for this parcel until after the Public Hearing to amend the 2020 Land Use plan, carried.
Motion by Al Bjorkman, second by Leonard Wardzala, to amend the prior P1 to A3 tabling motion to add that we also table the Land Use plan amendment petition until after the Land Use Plan amendment public hearing, carried.
Motion by Al Bjorkman, second by Leonard Wardzala, to table the P1 to A3 rezone and the petition for this parcel and table the Land Use Plan amendment petition until after the Public Hearing to amend the 2020 Land Use plan, carried.
REVIEW OF PENDING WALWORTH COUNTY ZONING ORDINANCE PERTAINING TO SETBACKS FOR ANIMAL HOUSING AND NUMBER OF ANIMALS
Walworth County is considering amending their zoning to change setbacks for animal housing with a new conditional use zoning category called Hobby Farms, parcels 10 acres or less in the A-1, A-2, A-3, A-4, A-5 and C-2 zoning districts. They desire feedback from the Towns on this.
Dick Houck had spent a lot of time reviewing this proposal. He specifically asked who enforces violations and what are the penalties for violations? Further the tables on Animal Units are quite confusing.
Dave Held noted that wording from Walworth County at the meeting was not concerned with chickens. Ordinance would allow up to 200 broiler chickens per acre which seems like a lot. Houck remarked what if they were all roosters and very noisy.
Leonard Wardzala had same concerns.
Dick Houck offered to communicate our discussion and concerns with Walworth County on this issue, Plan Commission concurred with his offer.
Motion by Dick Houck, second by Leonard Wardzala, to hold our next meeting on Thursday, July 5, 2012 at 7:30pm, carried.
MOTION BY AL BJORKMAN, SECOND BY DAVE HILL TO ADJOURN AT 8:52PM, CARRED.
Respectfully Submitted,
Alan W. Bjorkman Secretary
Archive:
April 8, 2013 Town Board
March 18, 2013 CESD March Mtg
March 16, 2013 Sanitary District II
March 16, 2013 Sanitary District II
March 11, 2013 Town Board
February 11, 2013 Town Board
February 11, 2013 CESD February Monthly Meeting @ 3:00 p.m.
February 9, 2013 Sanitary District II
February 6, 2013 Plan Commission
February 1, 2013 Sanitary District II