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HomeMy WebLinkAboutPlanning Zoning & Parks 07-02-97AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Robert Boche, Chairman, St. Croix County Board FROM: Thomas Dorsey, Chairman COMMITTEE TITLE: St. Croix Co. Planning, Zoning and Parks Committee DATE: Wednesday, July 2, 1997 TIME: 7:30 p.m. Viewing, 8:00 p.m. Hearing LOCATION: Kinnickinnic Town Hall CALL TO ORDER ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING APPROVAL OF MINUTES UNFINISHED BUSINESS OLD BUSINESS NEW BUSINESS: 1) John D. Bettendorf to rezone a 4.499 acre parcel of land from Ag/residential to Commercial: Location: That certain parcel of land located in the NW 1/4 of the NE 1/4 of Section 19, Township 28, North, Range 18 West, Town of Kinnickinnic, St. Croix County, Wisconsin. ANNOUNCEMENTS AND CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: June 23, 1997 COPIES TO: County Board Office Committee Members `'County Clerk New Media/Notice Board MINUTES PLANNING, ZONING & PARKS COMMITTEE July 2, 1997 KINNICKINNIC TOWN HALL Present: Supervisors Tom Dorsey, George Menter, Linda Luckey, Ron Raymond and David Hense, and Zoning Administrator David Dacquisto. Chairman Dorsey called the hearing to order at 8:00 p.m. David Dacquisto, Zoning Director, read the hearing notice as published. John D. Bettendorf requested to rezone a 4.499 acre parcel of land from Ag/residential to Commercial located in that certain parcel of land in the NW 1/4 of the NE 1/4 of Section 19, Township 28, North, Range 18 West, Town of Kinnickinnic, St. Croix County, Wisconsin. Chairman Dorsey asked for an explanation of where the parcel of land being requested to be rezoned is located. John Bettendorf responded by saying that one parcel of land is located on the south end of the commercial zone. This is where the drivers park their cars. The other parcel is located behind the warehouse building and this is where they park the empty semi trailers. It was noted by Dacquisto that the only parcel we are dealing with at this meeting is the 4.499 acre parcel. It was his understanding that they would not be proceeding with the 1.948 acre parcel at this time. Chairman Dorsey said that we will be dealing with the 4.499 acre parcel tonight, as that is the parcel that has been published. Bettendorf said that this parcel is the one behind the warehouse building. Bettendorf said that he now has trailers parked on this parcel of land. The parcel of land that the building is on is zoned commercial plus about 60 feet behind it. Linda Luckey asked Bettendorf to sketch where the buildings are on the map. Chairman Dorsey asked Bettendorf if they are parking empty trailers on the 4.499 acres and he answered that they are. He said that he had asked Tom Nelson, Zoning Specialist, if there was any law against parking empty trailers on the lot and Nelson stated that there was not. Bettendorf said that the trailers are all licensed. He also stated that they are not planning to expand any more. Dave Hense asked if they rent parking space to anyone else and Bettendorf stated that they have always rented space to Madison Freight. Hense asked when this expansion is going to end as it is not in a proper area. Bettendorf explained he is not planning to expand and that a lot of the trailers parked there now are storage trailers. Chairman Dorsey asked if the Town Board has an opinion on this. The Town Board stated that they will be meeting in a closed session after the public hearing to discuss this request. Chairman Dorsey said that they usually get an opinion from the Town before their meeting, not after. The Town did not feel that they had enough information from Bettendorf to act on this request. Matt Biegert, Mr. Bettendorf's lawyer, stated the reason why they are here tonight with this request. He stated that about a year ago, the county, represented by Tom Nelson, expressed some concerns about the trailers that were parked on Bettendorf's property that is zoned ag/residential. Bettendorf was told by Nelson that he either had to have the land rezoned to commercial, or move the trailers onto the commercial property. Bettendorf has made the application to have the land rezoned and that is the reason for the hearing this evening. The plan is not to change the business, but to keep the business as it is. Biegert stated that the alternative plan would be to store the trailers on the south side of the building, nearer to the road. There is adequate space there that is zoned commercial, but it would mean that the trailers would be stored out in the front, rather than the rear of the building. This may also mean that some trees, and possibly the residence that is there, may have to be removed to have enough space for storing the trailers. This would be the alternative plan used if the zoning change is not granted. They would rather have the zoning change granted, as leaving the trailers where they are at would be less disruptive to the neighborhood, but it is important to Bettendorf's business to have those trailers on the property. Biegert stated that they would like to see this rezoning granted and they realize that the committee has the right to put any conditions on this permit that they believe to be necessary. Steve Nick, of River Falls, spoke on behalf of Dan Krumweide. Mr. Krumweide is opposed to the granting of this permit. Nick showed the committee some pictures that he has taken of the Bettendorf property. These pictures were presented on a display board. There are 19 pictures. Nick noted that Bettendorf has stated before that he would not be expanding his business. He referred to the January 14, 1985 Planning, Zoning and Parks hearing minutes where attorney Gherty states that Bettendorf does not plan to expand the business. The committee approved a 600 x 350 foot commercial area with the exception that it was just for Bettendorf's use and it cannot be sold as commercial, but would reverted back to ag if ever sold. The property then came back up again in 1990 for a special exception use permit. The Town of Kinnickinnic dealt with this issue. Dave Dacquisto read a letter into the record from Ed Vlack, attorney for Town of Kinnickinnic. The letter is addressed to Tom Nelson, St. Croix County Zoning, regarding the special exception use permit that Bettendorf applied for. The letter states that they would grant the permit with the stipulation that the business 2 would not expand and that the trucking business would not expand beyond its current level of activity. The letter also states that the town does not want any new construction to expand outside of the 600 x. 350 foot commercial zoned area. Nick reiterated that the town granted the permit with the stipulation that Bettendorf does not expand, that no new construction be permitted outside of the 600 x 350 foot commercial zone, and that he is to stay at the present level of activity. Nick further stated that it is now 6 years later and here we are again talking about adding on another 5 acres to the commercial area, and it seems to him that this is expanding the business. Nick also noted that this is a commercial business in an ag area. He has been out past Bettendorf's property and that the driveways into the property are placed so that it does not seem very safe for the other traffic in the area when these trucks are going in and out of the property. He feels that an accident could easily happen. Nick referred to the pictures on the display board. The Krumweide's have put together an informal survey as to what kind of truck traffic we are dealing with. On 6/27, during a 6 hour period (1:30 p.m. to 7:20 p.m.) , they counted 22 trucks on the road. On 6/28, during a 5 hour period (5:20 a.m. to 10:20 a.m.) they counted 23 trucks on the road. The trucks travel on the road constantly, all day long. Nick believes that a business of that size should be in an industrial complex near the city, not out in a rural area on a county road that is not adequate to handle such traffic. Another area that Nick addressed is the comment made by Bettendorf Is attorney, Mr. Biegert, that if they do not get the zoning change they will park the trucks in the front of the lot, and that will look worse. Nick referred to the St. Croix County Zoning ordinance for a commercial district (17.18 (6) ) and read that it requires screening of the yard areas visible from residential a district. He further read that appropriate screening must be done to screen the area by using plantings or fencings. Nick stated that this property is not residential, but there are residential properties around there that can see the Bettendorf property. With the trees that are there now, Nick feels that it is not appropriate screening and if Bettendorf is allowed to cut down any more trees, it would be his position that he would be in violation of the ordinance. Mr. Krumweide presented a letter of opposition to the committee from Lehnertz Farms, Inc., and asked that it be read into the record. The letter is from the law firm of Bye, Goff and Rohde, by Steven Goff, representing Mr. Lehnertz. Mr. Nick then pointed out on the map the location of the Krumweide property in relation to the Bettendorf property. Jim Jackelin spoke in support of the request and felt that it would 3 be good to have the trailers behind the building rather than in the front of the building. He further stated that he thinks we need small businesses in the area. If they are forced to leave that will take away tax dollars. Marion Vorwold, a neighbor to the Bettendorf property, stated that she has been going up and down County Road SS for years and has never had any trouble with the Bettendorf trucks, or the traffic. Ed Vlack, attorney for the Town of Kinnickinnic, stated that in 1985 there was a resolution passed to grant commercial zoning on a 350 x 600 foot parcel. In 1990, a great deal of time and money was spent to try to figure out where that parcel was located. He believes that he has a certified survey map that was created showing where that parcel was located, and Mr. Vlack still is not sure where that parcel exactly is. He also is not sure where the 4.499 acres is located in relation to that parcel. Mr. Vlack also has a couple questions on the rezonement application. On the application a statement is made that "the intended use for the land to be rezoned is for trailer parking and other related activities". Vlack would like to know what "other related activities means. He also noted that on the special exception application, there is a statement that reads "for additional parking of trailers and other similar operational uses". He would like the phrase "other similar uses" clarified. Mr. Biegert, attorney for Bettendorf, explained that this wording does not mean anything specific. The plan is to just use the land for parking trailers only. There will not be any expansion of the operation. Dave Dacquisto stated that if this permit is granted, Bettendorf would then have to apply to the Board of Adjustment because it is an expansion. He believes the real question is whether or not commercial zoning is an appropriate zone for this type of use. Dacquisto then read part of the ordinance 17.18 regarding commercial district and is not sure that this business fits into that category. He did note that this part of the ordinance was adopted in 1996. Mr. Bettendorf then commented that he has not expanded the buildings for at least 7 years. Approximately one-fourth of the trailers he has are used for farming purposes and hauling crops to Red Wing. Bettendorf also stated that they have fewer trailers now than they did a year ago. Mr. Krumweide stated that what disturbs him the most is the non- compliance and the disregard for anything that is written in the ordinance, such as screening and driveways that don't meet regulation and lack of a clear plan. If this continues, he feels that it will affect property values and public safety issues. 11 Charles Andrea, a member of the Town Board, asked if this rezoning is granted, will it follow the same rules as the rezonement in 1985, and revert back to ag if ever sold by Bettendorf, or are we giving a blanket permit to leave commercial. He has a concern with this. David Dacquisto said that a special exception would be needed to expand on the property. Chairman Dorsey explained that this committee deals with the rezonment. The Board of Adjustments would deal with the conditions of the property. Jan Zorb is the chairperson of an advisory committee created by the Town of Kinnickinnic supervisors to create a comprehensive land use permit for the town. She has notified the Town of Kinnickinnic Board that at their last meeting it was the consensus of the committee to advise the board that they request that any rezonements be postponed until this comprehensive land use plan is in place. Kevin Buchwold stated that he drives past Bettendorfs twice a day and feels that Bettendorf runs a good operation. He employs a lot of people from the surrounding areas. He does not want to see his business be driven out. He supports the request for the rezonement. A question was asked by Tom Packer, a neighbor, if there have been any accidents. No one knows for sure about this. He also stated that he has no problem with the rezonement request. Ken Weiser stated that he lives near the Bettendorf property and that he has a 10 month old and 3 year old child. Jerry Larson, Town Chair, stated that he has not objection to Bettendorf's business, but believes that it needs to be realized that when a business gets too big for the area they are in, there comes a time to move on. He believes that the main thing is to keep the area safe for the people living there, and there is the potential for accidents to happen with the business is creating so much traffic. He noted that if Bettendorf moved to an industrial area near the city, he would not have to keep coming back for permits as he has done. Candy Bettendorf, stated that they have children at their home too and feels that there is not a safety factor. The drivers are careful drivers and they have families too so know how important safety is. They have tried to be good neighbors. They are doing what the county has asked them to do and that is to get a permit to park the trailers where they are already parked. They have no plans to expand. She stated that she is tired of all of the hassle and they are just trying to run a good business. Chairman Dorsey asked the town chairman if the committee plans to meet tonight after this meeting and make a decision on this request and the chairman said that they would. R Chairman Dorsey recessed the hearing until they have a decision from the Town Board. He told the Town Board that they can send the decision in writing to the Planning, Zoning and Parks committee. After they get the Town's decision, they will set a time and place for their committee to make a decision. Dorsey stated that this will also be open to the public, but no more discussion will be held. Chairman Dorsey said that if the committee has any questions that they want clarified, they may ask someone, but as far as the public giving any statements, that part of the hearing is over. Meeting adjourned. David Hense, S4c'r'etary Planning, Zoning and Parks Comm. 0 David acqui 5 i Rec di g e-c Aary