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
approval – 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
ordinance — 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.