Minutes: Town of Union Planning 5-31-2007

(Ed.note: These are the unedited minutes of the recent Planning commission meeting of Union. The decision re Shotliff request for rezoning will be the subject for tomorrow night---6-7-2007 meeting of Union Town Board at the Eager Library. Full audio of this as well as selected video is on the blog on 6-7 and 6-8.)

Town of Union Pl Page 1 of 4 an Commission Meeting Minutes -May 31, 2007
TOWN OF UNION PLAN COMMISSION MEETING
Minutes for May 31, 2007
The Town of Union Plan Commission meeting was called to order on May 31, 2007 at the Eager
Free Public Library, 39 W. Main Street, Evansville, W I at 7:05 p.m. by Alvin Francis. Members
present included Doug Zweizig, Kim Gruebling, Mike Exum, Alvin Francis, Marty Johnson, Eric
Larsen and Richard Templeton. Also in attendance: Town Engineer: Greg Hofmeister.
Building Inspector Bob Fahey.


Doug Zweizig moved to approve the April 27, 2007 Plan Commission minutes with the
correction of adding clarity by adding the Land Use Chapter and Housing Chapter on page 1
and that Mike Exum would call DOA regarding small wind energy ordinance language on page

2. Second by Mike Exum. Minutes approved.

Oath of Office
Attorney Matt Dregne from the Stafford Law Firm in Madison introduced himself and his summer
intern Elizabeth. Matt came on short notice to provide legal assistance to the Plan Commission
in their review of zoning and land division applications and other agenda items.
Report from Plan Commission Training Attendees
Kim Gruebling provided keypoints learned from the Plan Commission Training session that
Mike, Kim, and Doug attended at the Rock County Court House.
Kim reinforced the need to follow the process of requiring people to address their comments to
the commission rather than other audience members. He stated that motions should be based
on items included in the ordinances and Smart Growth Plan.

Formulate a Plan to Distribute New Lots, Meeting the Goals of the Comprehensive Plan.
Alvin noted a desire to formalize a plan to limit housing growth. Section Page 5 of 5 in the
Housing Section of the Comprehensive Plan suggests limiting growth to 50 new lots over any
two year period. Question of when to start the two year period.

Attorney Dregne noted challenges associated with trying to limit growth via limiting building
permits and lots. Matt noted that the zoning ordinance and the Comprehensive Plan is the
Commission’s best method for controlling growth. He advised against limiting growth at the
building permit level based on property owner rights and their vested interest to be able to build
a home on their buildable lot. He questioned if the Commission wanted to use the Comp Plan
as an informal guide when approving new lots, or if they want something more formal.
Mike Exum wanted to know if this issue could be addressed by a sub-group with the hopes of
developing a more formal procedure for limiting growth. Kim Gruebling felt an informal
approach would be fine.

Marty Johnson moved to have town council look at our Comprehensive Plan, respond to Don
Krajecks proposal for limiting growth and forward existing growth management allocation plans
to the Commission. Second by Mike Exum. Motion passed by unanimous voice vote.
Discussion and recommendation to Town Board for request by Randy Shotliff, 4215
Winnequah Dr. Monona, WI 53716 for a land division and zoning change to create 22 rural
residential parcels (20 buildable lots and 2 outlots) using 41.65 acres of land from two A1
parcels (#6-20-212 (89.406 acres) & #6-20-211 (33.1 acres)). The remaining 80 some acres
of parcels #6-20-212 and #6-20-211 will then be combined with the A1 parcel #6-20-210
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(32.881 acres) to create one large A1 parcel of approximately 114 acres. This land is
located in the NW 1/4 of Section 24 and part of the SW 1/4 of Section 24.
Mike Exum referred to section 7 of the state’s directions for Preparing a Future Land Use Map.
He stated that originally the future land use map dated December 7, 2005 had long term and
short term growth indicated on it, however that these areas were removed so that the map could
be submitted with the funding application. Long term and short term growth designations are
still referred to in Comprehensive Plan. Lands north of Territorial Rd are designated for long
term development (20 year)


Doug Zweizig read the following statement:
“At our last meeting, Bob Janes said that the Commission appeared to be dragging its feet in
deciding on this application. W hile I think Mike Exum cleared up that perception and that we
should gain the information we need to make a decision. I also think that we should avoid
extending this decision any longer than necessary.
It seems to me that we have two kinds of questions that we have been considering here: what
kind of residential development the Commission might approve on this rezoned property and
whether the Commission will approve any kind of residential development in the year 2007
when the Comprehensive Plan adopted in 2006 premises to preserve farmland, to preserve the
rural character of the Town, and identifies this property as suited for long-term development,
that is, sometime after 2016. I think that we need to decide on the second question first,
whether to approve rezoning from A-1 to RR for development, before we consider the question
of what kind of development might be suitable, whether it would produce a positive return on
taxes and so on.”


Motion by Doug Zweizig that the Plan Commission recommend to the Town Board that they
deny the request by Randy Shotliff, 4215 Winnequal Dr., Monona, WI 53716 to re-zone 41.65
acres of land from two A-1 parcels (#6-20-212 & #6-20-211) to create 22 rural residential (R-R)
parcels.
• In section 17.13 (1) of the Zoning Ordinance: “The intent of the R-R District is to provide for
rural residential development on soils that are compatible for on-site disposal of sewage
effluent, will substantially support a residential structure, and will not infringe on prime
agricultural soils.” (emphasis added) The proposed rezoning would convert over 40 acres
from farmland to housing. The projected development for this land would removed
permanently, for all practical purposes, over 150 acres of quality farmland from production.
• In Section 17.13 (1) of the Zoning Ordinance: “No land shall be rezoned to the R-R Districct
unless such zoning is consistent with the Development Plan.” The 20-year Town of Union
Comprehensive Plan in the Housing Chapter, in order “to maintain the rural character of the
township while meeting the housing needs of its residents,” has the Objective of
encouraging “development adjacent to already developed areas” with the Action of
identifying “short-term and long-term areas for development on the Land Use map” and
gives reasons for this action. The chapter on Land Use refers (p. 11) to the “areas identified
for future growth and development. These areas are designated as : 1. Targeted short-term
residential area, 2. Targeted long-term residential area, 3. Future commercial areas.’ The
“Smart Growth Map: Proposed Land Use Map 12 07 05" located on the Town of Union
website shows the location of the Targeted short-term residential area and the Targeted
long-term residential area. The proposed rezoning would be located in the Targeted longterm
residential area, an area that would be considered for development in the second half
of the twenty-year plan, or sometime after 2016 for a plan approved in 2006.
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• In Section 17.20 of the Zoning Ordinance, “(3) Land Use. A. Compatibility with existing or
proposed uses in the area. B. Relation to any existing land use plan.” are “Standards” that
may be used in considering a rezoning request. The proposed development of this property
would not be compatible with the existing uses in the area and is not consistent with the
Land Use chapter in the Comprehensive Plan. Neighboring landowners have repeatedly
testified to the incompatibility of the proposed development with their properties.
Motion second by Eric Larsen. Eric stated concern about using the long term/short term map
over the scoring tools. Alvin noted a desire for public and petitioner comments. Other members
inferred no additional public comment was needed and were prepared to vote.
Mike Exum - Y; Marty Johnson - Y; Eric Larsen - N; Doug Zweizig - Y; Rich Templeton - Y;
Kim Gruebling - N; and Alvin Francis - N Motion to deny carried by a 4-3 vote.
Cost of Community Services Related to Development
Mike Exum would like to find students to complete a study to calculate the cost of community
services for the Town of Union.
Alvin Francis moved to ask the town board to consider providing information and support
considering the cost of community services for the Town of Union. Second by Mike Exum.
Motion passed by unanimous voice vote.
Discussion on Wind Energy
Mike Exum stated that he has been in contact with town residents regarding an ordinance on
wind energy. Mike distributed an e-mail to members regarding an ordinance.
Kim Gruebling read from State Statute Subchapter IV Regulation 66.0401 regarding the state
narrowing the town’s discretion over denying wind towers to only health and safety issues.
Mike Exum moved to forward the small wind energy system ordinance to legal counsel, our
town’s engineer and building inspector, and Mick Sagrillo at Focus on Energy for review.
Second by Eric Larsen. The current draft ordinance prepared by Mike Exum is a combination of
the state’s model ordinance, and other townships around the state. Motion passed by
unanimous roll call vote.
Alvin opened the meeting to public comment limiting each person to 3 minutes. He also noted
that he himself had been approached to have a wind generator installed on his property.
Cathy Bembinster, 18002 W. Cty Rd. C, Evansville, read a statement proposing a quality of life
ordinance be added to the Smart Growth Plan. “This ordinance would hold it’s integrity for any
industrial growth that we may face in the future by preserving our current high standards of
living in the Town of Union.”
Mark Guda shared a number of concerns which were included in a few of the e-mail she had
sent to the clerk which she had forwarded to the commission members. Scott McElroy asked if
the Plan Commission read the Town of Lincoln report. A few had and he urged the others to
read it. He noted damage to aquifers and stray voltage as well as concerns about maintenance.
Tom Alisankus reinforced the town’s ability to make a wind tower ordinance as strict as they
want regarding health and safety. Jim Bembinster stated concerns about what will happen
when tax credits disappear.
Gary Haltmufderheide from ECO Energy a division of the Morse Group stated the Town of
Town of Union Pl Page 4 of 4 an Commission Meeting Minutes -May 31, 2007
Lincoln study was done about 10 years ago. He encouraged baby steps in the process,
recommended people visit a web site that was pro wind towers and read a study by the Public
Service Commission which he is willing to share with them. He is willing to meet with anyone
who would like to talk.
Lori W elch from Magnolia Township is having Four W inds install a wind turbine on her land.
She shared she did much research and spoke with people living near other wind towers and
found favorable response.
Eric Kostecki, Wisconsin Public Power shared that Lincoln Township is an anomaly and much
improvement has been made in wind towers since.
Mike Exum asked what would be ramifications to the township for not having an ordinance on
the books. Attorney Dregne stated he would have to research this issue before giving a final
opinion. Rich Templeton asked what the benefit to the township would be. It was noted that 50
megawatts would be required before the township would receive additional state shared
revenues.
Gary noted that with the size of the wind towers proposed, that they do not have to seek PSC
approval nor are they legally required to complete an environmental impact study. Doug asked
if we could require an environmental impact study.
Greg Helgeson asked how many towers are being proposed. Gary stated 3-5 which would
power Evansville.
Mike asked if we could explore a moratorium against building wind towers. Attorney Dregne
needed to check on the possibility of doing this.
Marty Johnson moved to recommend to the town board to seek legal council to review whether
or not we can do a moratorium on large scale wind turbines pending further review and
development of regulations and to review the growth management allocation plan and provide
review comment and model ordinances and small wind energy systems. Second by Mike
Exum. Motion approved by unanimous voice vote.
Town Engineer, Greg Hofmeister felt a tower ordinance would be appropriate to handle other
type towers as well.
Adjournment
Motion by Mike Exum to adjourn. Second by Marty Johnson. Meeting adjourned at 9:42 p.m.
Respectfully submitted by:
Linda O’Leary
Note: Minutes considered draft until approved by the Plan Commission.