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HomeMy WebLinkAboutPlanning & Zoning 02-01-10 NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE MONDAY, FEBRUARY 1, 2010 8:30 A.M. ST CROIX COUNTY GOVERNMENT CENTER, ROOM 1281 1101 CARMICHAEL ROAD, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL ADOPTION OF AGENDA CONSENT AGENDA 1. Minutes of Previous Session — January 12, 2009 2. Date of Next Meeting— March 9,2010,8:30 a.m., Hudson 3. Bills and Revenue Reports OLD AND NEW BUSINESS 1. Land Use Ordinance Applications a) Municipal Plats b) Waivers and rezones to be scheduled 2. Planning and Zoning Business a) Pictometry Aerial Photography b) Department of Revenue County Assessment Proposal c) Recycling Ordinance d) Agricultural Enterprise Areas* e) Kennel Standards* f) Commercial and Industrial Zoning Districts g) Closed session per Wisconsin Statute 19.85 (1) c for the purpose of annual performance review of the Planning and Zoning Director. Reconvene into open session to complete any remaining agenda items. 3. Register of Deeds a) Department Update ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURN (Items may be taken in different order) * Additions /Changes /Corrections DATE: January 27, 2010 e MINUTES PLANNING AND ZONING COMMITTEE FEBRUARY 1, 2010 CALL TO ORDER: Chair Ruetz called the meeting to order at 8:31 a.m. PRESENT: Supervisors Gene Ruetz, Sharon Norton - Bauman, Lorin Sather, Peter Post; Steve Hermsen arrived at 8:40 a.m. STAFF PRESENT: Dave Fodroczi, Kevin Grabau, Brett Budrow, Ellen Denzer, Jennifer Havens, Monica Lucht, Beth Pabst, Chuck Whiting. GUESTS: County Board Chairperson Roger Rebholz, Board of Adjustment Chairperson Clarence "Buck" Malick. ADOPTION OF AGENDA: Motion by Post, 2nd by Sather to adopt the agenda. Motion Carried. CONSENT AGENDA: Motion by Post, 2nd by Sather to adopt the consent agenda approving the minutes of January 12, 2010, approving the January bill and revenue reports, and setting the date of the next meeting for March 9, 2010, 8:30 a.m. at the Government Center. Motion carried. OLD AND NEW BUSINESS Land Use Ordinance Applications Municipal Plats: None Rezones to be scheduled: None Waivers to be scheduled: One application was received for a waiver to the lot width, and lot depth to width ratio in the Town of Baldwin. The public hearing was scheduled for March 9, 2010, 8:30 a.m. at the Government Center. Planning and Zoning Business Pictometry Aerial Photography: Post stated he spoke with Burnett County about the funding they used for Pictometry aerial photography. They made the purchase with a special purpose grant. Budrow explained the County has participated in the Wisconsin Regional Ortho Photography Consortium (WROC) since 2008 to purchase aerial photography. WROC sent out a Request for Qualifications (RFQ) for a statewide project to be done in 2010 so all counties would use the same specifications. Ayres Associates was selected to fly the entire state for 2010. Pictometry is a vendor that was not selected by WROC. They are not as accurate as other processes and do not offer state and federal funding. Post stated he finds Pictometry very useful as an assessor and that larger counties actually use both processes. Discussion by the Committee on product and cost comparisons. Budrow stated the WROC contract was received last week, which took into account a 10% discount from additional federal funding. He would like to move forward with WROC, which has flight plans for spring of 2010. With Pictometry, an RFP would have to be done, and the process would not be completed by spring. Post indicated that the Public Protection Committee should discuss and consider Pictometry as it would be very useful for the Sheriffs Department. Fodroczi commented that the critical issue is timing and we've been on course for the WROC project since 2008. The Committee agreed that we should continue with WROC and consider Pictometry in the future. 1 Department of Revenue County Assessment Proposal: Fodroczi highlighted the conversation from the last committee meeting to craft a resolution for the County Board opposing the Wisconsin Department of Revenue county assessment proposal. Staff used a template from the Towns Association website for the draft wording to be considered by the Committee. Motion by Sather, 2 nd by Post to recommend the resolution to the County Board. Motion carried. Agricultural Enterprise Areas: Fodroczi summarized the Agricultural Enterprise Area handout. This area is to be formed largely by affected landowners. The basic requirement will be how the land is organized, and eligible farms. Once this AG Enterprise Area is created, landowners can apply for individual Farmland Preservation agreements. There are two groups within the county that are interested in submitting petitions later this month. The petition process will request letters of support from the respective counties and towns. County staff are providing technical assistance to the landowner groups who are organizing the AG Enterprise Areas. Fodroczi indicated the landowner petitioners would like a letter of support from the County and asked if the Committee would authorize staff to provide the letter of support. Chair Ruetz stated this conservation is a good start. Motion by Post, 2 nd by Sather to approve authorization to draft a letter of support. Motion carried. Hermsen opposed. Chair Ruetz called for a break at 9:21 a.m. The Committee reconvened at 9:30 a.m. Register of Deeds Department Update: Pabst gave an overview of her progress since surgery back in November, and working towards returning back to full -time. Documents being recorded are averaging 85 per day, transfer fees are also climbing and are higher than last year at this time. Lis Pendens received are continuing to stay steady from last year, but sales coming in have been slightly better than a year ago. Pabst also stated the proposed flat fee has increased to $30 through the sponsoring State Senator's office. Kennel Standards: Malick summarized a variance application that had come before the Board of Adjustment (BOA) for a dog kennel. Any applications for kennels in the Ag- Residential District have to be a special exception with 700 feet of separation from any property where a residence can be located. Malick also explained that the Board of Adjustment recommended that the Planning and Zoning Committee develop appropriate revisions to the Zoning Ordinance. The Committee, Malick and staff discussed the ordinance history that led to these provisions and the resultant difficulties for siting kennels. They also discussed the noise, distance, waste and traffic issues to be considered. Grabau stated he is researching what the four surrounding counties do. Malick asked if the Committee would come up with standards to bring to public hearing for future kennel applications. Fodroczi indicated this could be done on the same timeline with the Commercial and Industrial Zoning District amendments, or kept separate. The Committee elected to keep the public hearing separate and will come up with a proposal for kennels once the information is collected from other counties. Commercial and Industrial Zoning Districts: Fodroczi explained the e -mail from Malick which summarized a recent special exception application proposal for the Commercial District. The attorney representing the applicant questioned the provisions in the Commercial Zoning District ordinance, which gives the affected Town Board rights of approval. Corporation Counsel agreed with the attorney for the applicant and gave the opinion that the provisions 2 r r y requiring all uses to be special exceptions subject to town board approval are unconstitutional. Following the BOA hearing, staff immediately started work on retooling the Commercial and Industrial Districts to eliminate Town Board approval and add permitted uses, along with a few other minimal edits so implementation can move quickly. Including the public hearing, the earliest these changes could be implemented is March. Denzer went through the proposed changes to the Commercial and Industrial districts with the Committee, including adding a minimal list of permitted uses and related definitions. Discussion on the existing ordinance provisions granting towns the authority to approve or disapprove special exceptions. Variances and special exceptions are ruled on by the BOA, therefore towns can only recommend but not overrule. Towns do have specific authorities for disapproving zoning ordinance amendments. Malick asked if the Committee could adopt the ordinance today and get the process going for public heT ng, though the exact wording of the ordinance could still change. Motion by Norton - Bauman, d by Post to take this document, which incorporates changes to our Commercial and Industrial Zoning Districts, and move this document on to a public hearing as an amendment to the Zoning Ordinance. Motion carried. Hermsen and Sather opposed. The public hearing was set for March 3, 2010, 7:00 p.m. at the Government Center Community Room. Comments will be accepted through 5:00 p.m. on Friday, March 5, 2010. Chair Ruetz called for a break at 11:21 a.m. The Committee reconvened at 11:32 a.m. Recycling Ordinance: Fodroczi highlighted the most recent receipt of comments from Attorney Bill Thiel. There were four to five additional edits of significance, and a quick review was made to implement most of the changes recommended. Denzer reviewed the draft Recycling Ordinance with the committee, along with the changes advised by Attorney Bill Thiel. The Committee also suggested a few wording changes. Motion by Post, 2 nd by Norton- Bauman for approval of the revised Recycling Ordinance as presented today. Roll call vote carried. Yes — 4; No — 1. Sather opposed. Closed Session: Motion by Post, 2nd by Hermsen to go into closed session per Wis. Stats § 19.85(1) (c) for the purpose of the annual performance review of the Planning and Zoning Director at 1:05 p.m. Roll call vote: All were in favor. The meeting adjourned at 1:28 p.m. Respectfully submitted: 1 Monica Lucht, Recording Secretary Lorin Sather, Secretary February 1, 2010 3