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August 31, 2009 Plan Commission Meeting Minutes - Zoning Ordinance Update

Town of Lamartine
Plan Commission Meeting
RE: Zoning Ordinance Update
August 31, 2009 at 7:00 PM
Lamartine Municipal Building Meeting Room (LMBMR)

With all notices having been properly posted, Jim Reitzner, Plan Commission Chairman called the meeting to order at 7:00 Pm at the Lamartine Municipal Building Meeting Room. Other Plan Commission (PC) members present at this meeting were Tom Kramer, Glenn Becker, Roger Grade and Dean Birschbach. Alternate PC members Carol Kinyon and Tim Bell were present in the audience. There were 8 people signed in on the attendance sheet at this meeting.

Chairman Reitzner called the meeting to order. He explained that this meeting was to review and discuss changes to be made in the Town of Lamartine Zoning Code. Warren Utecht from Martenson & Eisele (M&E) was hired by the town to review the Towns current zoning ordinance and update it to be consistent with the towns newly adopted Comprehensive Plan. Prior to this meeting Warren emailed copies of the zoning code to the PC members. Jim asked that all comments from the audience be held until the end of the meeting.

Warren explained that the Town had recently adopted a Comprehensive Plan and continues to work on an Animal Siting Ordinance. The Zoning Ordinance, Animal Siting Ordinance and Farmland Preservation Plan must be consistent with each other. He further explained that he had begun making changes in the zoning code and at this meeting the PC would be reviewing these changes.

Warren projected the pages being discussed on a screen so those in attendance could follow along.

Warren summarized the changes made to the zoning code to date.
 Expand Purpose / Interpretation / Definition Sections
 Add Ag related definitions
 Four new Agriculture Districts
 Revise General Provisions Include adult oriented establishments and Ag regulations
 Combine signs into one section
 Combine off-street parking into one section
 Revised Special Use Section Delete mobile home park & multi family uses
 Add density regulations
 Add Plan Commission Chapter
 Add Appendices A D
Zoning Categories will be named the same as land use categories.

Following is a brief summary of some of the items discussed at this meeting.

The zoning code changes were reviewed by the PC. Warren removed terms that do not fit the township i.e., alley, airport, boathouses, hotels, lodging house etc. Some of these things may be tweaked after the PC review. Warren will look for a better definition for family. (Page 6, number 30).

Jim asked Warren if a particular use is not addressed in the zoning code, if that use is not allowed in the town. Warren stated that that was correct.

Adding special use provisions for the Business District needs to be considered.

Add Convenience, gas, truck stop as permitted uses.

Warren noted that this ordinance could be amended to change / amend the language if the town wishes to accommodate someone requesting something that is not in the ordinance.

Add the Towns adult establishment ordinance into the zoning ordinance.

Warren will amend Home Occupation (page 7, number 36) definition. This will also be added as a permitted use in residential.

Section 4 General Provisions was reviewed. Page 14 G. Any damage to Town roads was added to the zoning ordinance. The Town currently has a Town Road Restoration Ordinance this may be referred to in the zoning ordinance.

Warren will look into redefining conforming and non conforming use or buildings.

Page 19Table 2 was added Summary of Zoning District Requirements for Livestock Operations as well as 4.7 Farmland Preservation Program also on page 19.

Warren will remove the verbiage Ag-Related Residential Uses from Table 2- Next to Moderate Exclusive Agricultural District (A-M), under the heading Special Use.
Warren explained that the Farmland Preservation language was added because he thinks that DATCP will require it.

Warren will think about language changes for the density standard involving farmers wanting to sell a lot or build a house for a son/daughter involved in the farm operation.

Page 23 5.10 Minimum and Maximum Lot Size, Height and Yard Requirements. Warrens feels that site plans are to the towns advantage. Warren is trying to give the town more flexibility and preserve farmland with the changes made in this section. He stated that ordinances sometimes need to be written and then used to see how well they work and make amendments when needed. Frank Bartzen asked that Warren contact Sam Tobias and ask him about the language in this section.

Discussion took place regarding the consideration of limiting the type of and the amount of animals a person is allowed to have on residential property.

The meeting was then opened for public comment and questions. Some town residents asked if they could have a copy of the zoning code during the meeting so they could follow along. Warren explained that he had decided to project the pages of the zoning code while the PC was reviewing them instead of having extra copies made. He explained that his and the towns concern was that some of the draft copies could get in the hands of the public and it would be an old or incorrect version of the zoning code, this could cause a lot of confusion. If copies are made for future meetings, no one will be allowed to keep them or remove them from the meeting room.

Warren will make the changes discussed at this meeting and prepare an up to date draft of the zoning ordinance and email it to the Plan Commission and Town Board.

The next Plan Commission meeting to continue the review of the zoning ordinance will be held, Thursday, September 17, 2009 at 7:00 Pm.

With no further business to discuss, Glenn Becker moved to adjourn. Tom Kramer seconded the motion. Motion carried and the meeting adjourned at 9:00 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall, Clerk



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