Loading...
HomeMy WebLinkAboutPlanning & Zoning 01-08-08 s NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE TUESDAY, JANUARY 8, 2008 8:30 A.M. ST CROIX COUNTY GOVERNMENT CENTER, ROOM 1281 1101 CARMICHAEL ROAD, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL ADOPTION OF AGENDA APPROVAL OF PREVIOUS MINUTES DATE OF NEXT MEETING OLD AND NEW BUSINESS I. Land Use Ordinance Applications a. Municipal Plats b. Waivers and rezones to be scheduled c. Discussion of Plats and CSM's currently in the review process d. Referral of Administrative Appeals from Board of Adjustment ** i. Kingston/Lenzen, Town of Troy ii. Bast/Sonnentag, Town of Hudson 2. Planning and Zoning Business a. Bills and Revenue Reports b. Two Rivers Community Land Trust ** c. Planning Report d. 2008 Waste Event Schedule and Contracts e. Recycling Ordinance Revisions f. Code Administration Report g. Land Information Report ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURN (Items may be taken in different order) ** Additions /Changes /Corrections DATE: January 3, 2008 MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON WI January 8, 2008 Present: Committee: Supervisors, Wally Habhegger, Gene Ruetz, Stan Krueger and Lois Burri Absent: Ron Troyer Staff: Dave Fodroczi, Kevin Grabau, Ellen Denzer, Brett Budrow, Alex Blackburn, Jenny Shillcox, Jennifer Havens, Judy Olson Guests: Wally and Lillian Riedel, Jon Sonnentag, Bruce Lenzen, Louie Filkins, Kernon Bast, Stuart Krueger, Brent Johnson, Teresa vanderBent Call to Order: Chair Habhegger called the meeting to order at 8:34 a.m. Adoption of Agenda: Motion by Ruetz, 2nd by Burri to adopt the agenda. Motion carried. Approval of Previous Minutes: Motion by Burri to approve the minutes of December 11, 2007. Motion 2nd by Krueger and carried. Date of Next Meeting: Tuesday, February 12, 2008 at 8:30 a.m. in Hudson. Old and New Business: Land Use Ordinance Applications Municipal Plats - none Waivers and Rezones to be Scheduled — One rezoning application was received and will be scheduled for public hearing on March 5 at 7:00 p.m. in Baldwin. Discussion of Plats and CSM's currently in the review process — Blackburn distributed and reviewed the list with the committee as well as corresponding Technical Review Committee letters. Referral of Administrative Appeals from Board of Adjustment Fodroczi explained that the Board of Adjustment recently tabled action on two administrative appeals for review and comment from the Planning and Zoning Committee. He indicated that Section 17.70(5)(b) of the St. Croix County Zoning Ordinance provides that "In the case of all appeals, the Board ofAdjustment shall solicit and weigh information and comments from the County Comprehensive Parks, Planning and Zoning Committee (now Planning & Zoning). " The Board of Adjustment will meet again for further hearing and decision on January 24, 2008. Fodroczi summarized the appeal process and suggested that the Committee focus its review and any comments on the policy history and legislative intent of the governing ordinance provisions. 1. Kingston/Lenzen, Town of Troy Terry and Peggy Kingston and Bruce Lenzen filed an administrative appeal with the Board of Adjustment for a property at 292 Brugler Court in the Town of Troy. It is an administrative appeal of the Zoning Administrator's determination that a proposed structure would require a variance for encroaching within 40 feet of 12 percent slopes that do not directly face the St. Croix River in the Lower St. Croix Riverway District pursuant to Section 17.70(6)(a) of the St. Croix County Zoning Ordinance. Shillcox summarized the proposed project and the corresponding interpretation of bluffline, slope preservation zone and setbacks. The owners plan to construct a single family dwelling within 40 feet of the bluffline of slope preservation zones that do not directly face the river but drain directly to the river. She showed diagrams of the proposed project and construction site and its relationship to the St. Croix River. Using maps she explained the staff s interpretation of the slope preservation zone, bluffline, and bluffline setback area as compared to the appellant's interpretation. She also presented an illustration prepared by staff with input from the WDNR that was used to illustrate these features at public information meetings, public hearings, and County Board meetings prior to the Ordinance amendments that are currently in effect in the Lower St. Croix Riverway District. Stuart Krueger, attorney for the appellants, stated that his clients dispute the staff application of the terms "bluffline" and "slope preservation zone" to the proposed project. He showed a diagram of the property and questioned what areas are defined as slope preservation zone and bluffline. He challenged the interpretation of those terms stating that areas not facing the river are not slope preservation zones. Krueger also stated that this project was approved by the Town of Troy under its ordinance. Louie Filkins, using a map of the area explained the elevations and bluffs on the lot and surrounding areas and the drainage, showing that all slopes are not toward the river by his interpretation. He stated that he has done a stormwater management plan and erosion control plan that were approved by staff. No more water will flow off the site than does now. He stated that the home site is in 6 — 8 % slopes. Best management practices are in place. Dan Bauman, WDNR, stated that he agrees that County staff has made the correct interpretation of the related provisions in the County ordinance. The project meets the Town of Troy ordinance for the Riverway District, but the Town ordinance is less restrictive than the County ordinance with respect to standards for development in slope preservation zones and bluffline setbacks. Fodroczi emphasized that this will be a Board of Adjustment decision under the St. Croix County Zoning Ordinance. He suggested the Committee focus on the illustration of slope preservation zone prepared as part of the ordinance development. The drawing is a slide from the presentation used for the public information meetings, public hearing and the County Board Meeting when the ordinance was adopted. The Committee further reviewed and discussed the diagram. Motion by Habhegger, 2nd by Ruetz to support the staff's interpretation of the ordinance in this matter. Motion carried unanimously. Bast /Sonnentag, Town of Hudson Kernon Bast and Jon Sonnentag filed an administrative appeal with the Board of Adjustment for Lots 11 and 18, Cottonwood South Subdivision, in the Town of Hudson. It is an administrative appeal of the Zoning Administrator's determination that special exception permits are required for two proposed construction sites within the Shoreland Districts of unnamed ponds pursuant to Section 17.70(6)(a) of the St. Croix County Zoning Ordinance. Fodroczi explained the background of the project and the appeal process. The appellant provided testimony at the Board of Adjustment meeting the previous week. Grabau summarized the proposed project and the corresponding ordinance provisions. He reviewed the map of location of properties. WDNR has determined that both ponds located in the subdivision 2 are navigable. Section 17.29(2)(d) of the Zoning Ordinance requires a special exception permit for filling and grading of any area equal to or greater than 10,000 square feet within 1,000 feet of a navigable water body. The appellant obtained a sanitary permit for lot 18, at which time he was notified by conditions placed on his POWTS permit that he would need to obtain a permit for any filling and grading activities within the Shoreland District (1,000 feet) of the navigable ponds. The type of permit needed would depend on the amount of disturbance for each construction site. The appellant then submitted land use permit applications for filling and grading on lots 11 and 18. After reviewing the applications, staff notified the appellant that the proposed disturbance on each lot was greater than 10,000 square feet within 1,000 feet of the navigable ponds and would therefore require a special exception permit. Kernon Bast stated that he is asking for relief from the requirement of special use permit. He explained the area in question and surrounding properties. He stated that he has developed more than 100 lots in the area. He had the ordinary high water mark established in the two ponds. He showed the water flow from one pond to the other and the erosion control measures that were constructed. Areas were seeded and trees were planted on the 73 -acre subdivision. The current ordinance requires a special exception permit for each lot in the erosion control area where grading is done on more than 10,000 feet. Jon Sonnentag of ACA Engineering representing Mr. Bast explained how he had determined this could not be accomplished by a variance. One option to be considered would be an ordinance amendment. This is also a matter of interpretation of the current ordinance. He stated that the DNR would not require a special permit for these lots. He noted other projects that haven't required permits. There have been inconsistencies. All the work required on these lots was done as part of the subdivision process. Brent Johnson, attorney for Mr. Bast, stated that if the Board of Adjustment and Planning and Zoning Committee perceive a problem with the ordinance, the ordinance could be amended. He asked that the ordinance not be enforced while the Committee fixes the ordinance. He suggested amending the ordinance to allow for discretion where all measures have been taken care of. He asked that a special exception permit not be required in this subdivision and the ordinance be amended. Shillcox stated that the provision requiring a special exception permit for disturbance of more than 10, 000 feet was a recent amendment that was enacted in September 2006. Mr. Bast stated that 15,000 to 20,000 square feet will be disturbed on lot 18. Typical home construction would require disturbance of more than 10,000 square feet. The current ordinance would require a special exception permit for every lot in the subdivision. Dan Bauman stated that the erosion control on the properties has been done. He suggested granting one permit for all the lots in the subdivision, and the developer will hold the special exception permit for all the lots. Mr. Bast agreed that one permit for the entire subdivision would solve the problem. Erosion control and stormwater management were done for each lot. He is both the developer and the builder in this subdivision. 3 Fodroczi noted two things in question, 1) amending the ordinance, and 2) a special exception for all the lots in the subdivision. Habhegger stated that Mr. Bast has met the intent of the ordinance, but not the letter of the ordinance. Stan Krueger stated that the Committee needs to work with the staff to consider possible changes to the ordinance. He stated support for evaluating this section of the ordinance and communicating the Committee's position to the Board of Adjustment. He endorses the idea of granting a special exception permit for the entire development. Motion by Habhegger to recommend the Board of Adjustment consider granting a blanket special exception permit for all the lots in this subdivision. Motion 2nd by Burri and carried unanimously. Motion by Habhegger that the staff be directed to study revisions to this section of the ordinance and report back to the Committee within 90 days. Motion 2nd by Krueger and carried unanimously. Planning and Zoning Business: Bills and Revenue - The December 2007 Planning Bills and Revenue Reports and the December 2007 Zoning Bills and Revenue Reports were reviewed by Committee members. Two Rivers Community Land Trust Teresa vanderBent, Executive Director, explained how the trust purchases homes, holds the land under the house and sells the home at an affordable cost to a low to moderate income family. When the house is later resold, it is re- appraised and can then be sold with the owner gaining 25% of the home's appreciation. It would be resold to another qualifying homebuyer at an affordable cost. The mission of the Trust is to create affordable housing. Through the Pierce -St. Croix Housing Network, Two Rivers was asked to do a pilot project and expand its work into Pierce and St. Croix Counties. It has completed its first home purchase and resale late last year, a home in New Richmond. The Trust uses a combination of funding — State, Federal, Foundation and individual donors. The County can play a partnership role in this project. She is hoping to consider with St. Croix County the potential for applying to the State for CDGB (Community Development Block Grant) funding so they can enlarge the pool of funding and do four more houses this year. The Trust has built a relationship with Washington County, Minnesota, to acquire tax forfeited homes. She explained the income guidelines for home buyers and household demographics of current homeowners. Planning Report — Denzer reported that she is reviewing the bike trail plan and will submit comments to Bob Heise. Fodroczi reported that he received an announcement of the Wisline Local Land Use Planning and Zoning Teleconference Series Schedule. We will do at least one registration so we receive the materials and staff will participate as schedules allow. These will be held at the UW Extension office in Baldwin. Received resolution forwarded by Eau Claire County supporting enactment of legislation related to County Board powers and duties related to mass transit planning and facilities. Committee members agreed that this would be more appropriate for the Transportation Committee and Highway Department action. 2008 Waste Event Schedule and Contracts - Havens reviewed the draft schedule with Committee members. It is similar to last year's schedule. She recommended provider contracts be approved for 2008: Northwest Regional Planning Commission for the Clean Sweep Collections; GreenMan 4 Technologies for the Tire Collections; JR's Advanced Disposal for the Appliance Collections; RPG for printing of the Your Wasteline newsletter; and Recycle America for the Electronics Collections. Motion by Burri, 2nd by Krueger to approve the contracts as proposed. Motion carried unanimously. Recycling Ordinance Revisions - Havens reported that the current recycling ordinance is many years old, amended only once. There have been rule changes, state law changes, and changes in our program. An update is needed. Havens and Denzer are working with Dunn County on coordinating the ordinances. They are organizing a process that will obtain input from the public. The timeframe for completion and adoption of the ordinance was distributed and reviewed. She identified the basic issues beginning with this conversation with the Committee. Havens distributed the memo listing state statute requirements, outdated ordinance provisions, municipal concerns, citizen concerns and hauler concerns. She also distributed and reviewed with the Committee the draft timeline for enacting the ordinance amendments listing the steps in completing the process. Adoption of the amendments is scheduled for October 21. Code Administration Report - Grabau stated that he recently heard from Corporation Counsel that the Bettendorf case may be going back for a second appeal. Grabau gave a brief update. Habhegger asked staff to request that Corporation Counsel attend next month's meeting to give the Committee a legal update on the Bettendorf legal proceedings. Grabau will also give an update on the Sukowatey case at the next meeting. Land Information Report - Budrow reported that he has been supporting the County Clerk and Administration with updated maps after annexations to the cities and villages. When property is annexed into a municipality, it must declare which ward the property goes into — either the same ward as the existing or create new wards, or petition the County to change supervisory district boundaries. He is providing accurate updated maps to the County Clerk. Announcements and Correspondence - none Chair Habhegger adjourned the meeting at 12:33 p.m. spectfully s bmitt ed: C � udy Ols , Recording Secretary Stan Krueger, Secretary l 01 -08 -08 5