Plann Commission Meeting Minutes

Town of Black Creek
Planning Commission Meeting Minutes


Monday, August 26, 2013                                  7:00 p.m.                                     Town Hall

The Planning Commission Meeting was called to order at 7:00 p.m.
Planning Commission members present:  Merlin Heiden (retiring), John Lemke (retiring), Norman Steffens, William West, and Dan Knutzen (Chairman).  Two newly appointed planning commission members are Lee Lemke and Michael Garvey.  Both members were present to get familiar with the current proceedings and will be starting September 2013. Clerk Karen Herman was also present.  Jeff Sanders with Community Planning and Consulting and Dave Johnson with the Outagamie County Planning Department were also present.


The agenda was posted according to the open meeting law August 21, 2013 at the 3-posting places.

MOTION:  Heiden/Lemke to accept the September 18, 2012 Public Hearing Minutes.  All said aye.  Motion carried.

MOTION:  Heiden/Lemke to accept the September 18, 2012 Planning Commission meeting minutes which followed the Public Hearing.  All said aye.  Motion carried.

1.  Review the status of the town’s revised zoning ordinance which was submitted to
     the Department of Agriculture, Trade and Consumer Protection (DATCP) for
– Discussion took place regarding the driveway and road access authority
     for the State, County, and Town road issues. 

     The Town’s new zoning ordinance needs minor revisions but the map needs to be
     identical to the counties farmland preservation plan map before DATCP will approve
     the town’s new zoning ordinance.  It was the understanding of the county that the
     town and county map needed to be marginally the same but intern it needs to be
     identical.  After the zoning hearing, the parcels will be reviewed and a plan
     amendment process will be done to change back the parcels.  Until the maps match
     there are no Farmland Preservation Credits for the Town of Black Creek’s land
     owners so we are moving forward with this process.

2.  Prepare for the Public Hearing to rezone parcels to match the counties farmland
     preservation plan map so DATCP can approve the town’s revised zoning
Discussion took place with West’s recommendation that letters be sent
     to all landowner parcels that would be included with the zoning map change.  
     Sanders agreed with the notification to land owners.  Johnson stated that 35-40
     parcels are going to exclusive agriculture while 4 or 5 are going to general
     agriculture.  Land owners will not be forced out of A1 exclusive agricultural zoning.
     Johnson assured the planning commission that once the hearing has been
     completed to get the town’s zoning map in sync with the counties, then plan
     amendments will be done to get the parcels back to its proper zoning.  The County
     will submit the plan to DATCP for recertification.  The certification form will be
     received from DATCP which Johnson will forward to the County Zoning Committee,
     County Zoning Board, and last be adopted by the County Board.  This process will
     take approximately 6 weeks.
     Sanders indicated that the ordinance certification and county amendments will
     be done by the end of the year so tax credits will not be lost.

3.  Set date for the Public Hearing to rezone parcels— The Public Hearing will be
     September 23, 2013 at 8:00 p.m.  The Clerk will submit a 2-week, class 2 notice with
     the ACN/Times Press and place it at the 3 posting places.  The Planning Commission
     and Town Board will have a scheduled meeting immediately following the Public


4.  CSM for Mary Anne Vogt – Parcel # 010 013100 exclusive agriculture land with
     possible change of zoning with a Public Hearing
– Land owner has requested her
     parcel with 39.45 acres be split into 2 parcels which she plans to sell. 
     Lot 2 18.9399 acres would remain exclusive agriculture zoning while Lot 1 20.405
     acres (where the home resides) would need a zoning change to general agriculture.

     Johnson recommended to have this hearing a separate night from the zoning
     map hearing date and after ordinance certification has been completed.

Thank you Merlin Heiden and John Lemke for your time and dedication with being a member of the Planning Commission Committee.

Michael Garvey and Lee Lemke were present to observe the current proceedings.  Their 3-year term will begin September 10, 2013.

      MOTION:  West/John Lemke to adjourn at 8:30 p.m.  All said aye.  Motion carried.

                                                                                                Karen Herman, Clerk
                                                                                                Town of Black Creek




The next Planning Commission meeting will be included with the Town Board Meeting on
September 23, 2013 immediately following the Public Hearing.