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HomeMy WebLinkAboutPlanning and Zoning 04-24-07 1 AMENDED NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE TUESDAY, APRIL 24, 2007 8:30 A.M. ST CROIX COUNTY GOVERNMENT CENTER, ROOM 1281 1101 CARMICHAEL ROAD, HUDSON, WI CALL TO ORDER ROLL CALL ADOPTION OF AGENDA APPROVAL OF MINUTES OF PREVIOUS MEETING DATE OF NEXT MEETING OLD AND NEW BUSINESS Discussion of plats and GSM's that are currently in the review process. Planning and Zoning Business 1. Bills, Invoices and Revenue Report 2. Municipal Plats 3. Code Administration Report 4. Personnel Update 5. Land Use Ordinance Amendments a. Sign Regulations b. Non - metallic Mining Ordinance 6. Troy Riverway Ordinance 7. River Falls Extraterritorial Plat Review* 8. FEMA Floodplain Map Update* ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Planning and Zoning Department DATE: April 19, 2007 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board *CANCELLATIONS/ CHANGES /ADDITIONS MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON WI April 24, 2007 Present: Committee: Supervisors Lois Burri, Wally Habhegger, Gene Ruetz, Stan Krueger Absent and Excused: Ron Troyer Staff: Dave Fodroczi, Alex Blackburn, Kevin Grabau, Ellen Denzer, Judy Olson Guests: Roger Humphrey, County Board Supervisors Roger Rebholz and Bill Cranmer Call to Order: Chair Habhegger called the meeting to order at 8:38 a.m. Adoption of Agenda: Motion by Ruetz, 2 nd by Burri to adopt the agenda. Motion carried. Approval of Previous Minutes: Motion by Burri, 2 nd by Krueger to approve the minutes of February 13, February 28 and March 13, 2007. Motion carried. Date of Next Meeting: A public hearing will be held on April 25, 2007, 7 p.m. in Hudson. Old and New Business: Discussion of plats and CSM's that are currently in the review process Blackburn reviewed the summary and distributed copies of technical review letters regarding the corresponding plats. Roger Humphrey talked about the problems with a plat in the Town of Cady that required a road to be dedicated to the Town. Approval of the plat of Pond View Acres was tabled by this Committee until this meeting. He stated that it will take 30 -60 days to have the road dedicated. He requested a 60 -day extension. Motion by Krueger to extend table for another 60 days. Motion 2 nd by Ruetz and carried. Other plats that were tabled will be addressed at the May 22 Committee meeting. Planning and Zoning Business — Bills, Invoices and Revenue Report — The Zoning bills and revenue report for March 2007 were reviewed by Committee members and signed by Chair Habhegger. Municipal Plats — none Code Administration Report — Grabau reported on the John Bettendorf property in the Town of Kinnickinnic, an issue that has been ongoing for many years. In 1985 a five -acre parcel was rezoned to commercial with the stipulation that that zoning would revert to ag- residential when the property was no longer owned by Bettendorf. The State Court of Appeals determined that stipulation to be invalid, so the parcel is no longer zoned commercial. A CSM that was created within that commercial boundary is also invalid. The special exception was also found to be invalid, so his commercial trucking business is out of compliance. Nonmetallic mining is also being done on the property. The owner stated that the nonmetallic mining was being done on the site since the 1950s, but aerial photos show differently. Grabau crafted a letter regarding the business and mining stating requirements for conformance. No applications have been received to date. An enforcement letter was sent stating that to operate a commercial business, the property must be rezoned, a lot must be created and a special exception permit is required for nonmetallic mining. Court of Appeals decision was done in October 2006. Bettendorf was given 10 days to move things off the property and given to May 7 to submit applications for rezoning and a special exception permit. He is also required to submit a reclamation plan. The previous plan submitted was inadequate. Committee and staff discussed the process of rezoning lands out of exclusive agricultural zoning, particularly the findings to be made that conditions of 91.77 are met. Habhegger stated that in order for the County to make 91.77 findings, we need information from the towns regarding public improvements. If the towns do not want to do the 91.77 findings, we must receive information that the towns have the ability to provide the public improvements. Personnel Update — Fodroczi stated that he discussed the status of two positions with Chuck Whiting the previous day. They will be discussed in closed session at the next Committee meeting. Whiting will review with Finance Committee on May 7 and will report to this Committee the following day. Land Use Ordinance Amendments — 2 -Sign Regulations — Denzer reported that many comments were received from the attorney after his legal review. More changes will be made. She distributed a revised draft ordinance showing changes in response to the legal review as well as public comments. Denzer summarized the changes designating both legal and public. 1- Non - metallic Mining Ordinance - Fodroczi stated that the feedback received from the mining industry representatives at the public information meeting focused on the added requirements related to groundwater in section 14.2 - 8a. Bob Heise and Steve Olson are contacting the resource people who were recommended. A conference call meeting is scheduled with Marathon County that also has considerable experience managing these ordinances. St. Croix is one of only two counties that have a nonmetallic mining ordinance that predates State Administrative Code NR135. Staff is checking leads, suggestions and contacts. The Committee reviewed two additional comments received, one from Utecht Sand and Gravel and one from the County Highway Department. Roger Rebholz stated that the Highway Department is concerned with the wording in the ordinance that it doesn't eliminate some of the things that the Highway Department can do. He stated concern with groundwater being safe and clean. This will be discussed at the Highway Department meeting on May 8. This Committee will be meeting the same day with time to finalize. Any proposed amendments to what was presented at the public information meeting will be shared with Tim Ramberg so the Highway Department and Transportation Committee will know what will be brought to this Committee on that day. Rebholz reviewed the written comments from the Highway Department. Item #2, the most significant item discussed at the public information meeting, which is beyond the requirements of NR135 were recommendations that we had with individual projects that were requested and processed through the Board of Adjustment. Land and Water staff will have opportunity to more 2 closely review those items. Preliminary review suggests Items #3, 4 and 5 are items with no proposed changes. Shillcox responded to item #3, stating that after talking with Ramberg, she did add in that the operational plan requirements for nonmetallic mining operations be added for annual reporting purposes. Rebholz stated that St. Croix County uses mining companies and we must make sure they are not contaminating ground water. Habhegger stated that there has been no inventory of the amount of material available in the County. He also stated concerns with mining into groundwater. Burri suggested having a joint meeting with Highway Department to explore that possibility. Fodroczi stated that we will work with Tim Ramberg to inform him of our progress plus do some additional research on how these issues can be managed and let him know of possible adjustments. Denzer stated that she will confer with Land and Water staff regarding some issues brought up at the public information meeting. Shillcox stated that the most important issue is dewatering. No companies are actively mining into groundwater. Denzer stated that the County plan does address the possibility of aggregate in land rezoned for development. Bill Cranmer stated the he has worked with mines in other parts of the country where water was pumped onto soil which then went back into the water table. He asked what dewatering really means. What happens to the water after it is pumped? He expressed concern about contamination of surface water or water being pumped onto fertilized land with nitrates then going down into the groundwater. Troy Riverway Ordinance - The Town of Troy is updating its Lower St. Croix Riverway ordinance. A summary of the seven amended items was received and presented to the Plan Commission and Town Board in April. Public hearings were held. Amendment language is still being worked on. Two more hearings are scheduled in May with more opportunity for review and comment in June. River Falls Extraterritorial Plat Review - Fodroczi reported that the City of River Falls passed a moratorium on subdivisions in its three -mile extraterritorial plat review area while they revised the ordinance. Notice was received of that being completed earlier this month. The permanent plat review line was set. Subdivisions are limited to 35 acres everywhere within the extraterritorial plat review boundaries. We received copies of the ordinance showing the boundaries. The difficulty will be coordinating applications of County ordinance with what the City is doing and making sure that properties are mapped in accordance. 3 FEMA Floodplain Map Update - Fodroczi reported that notice was received from FEMA regarding its updated countywide Digital Flood Insurance Rate Map and Flood Insurance Study Report. We have opportunity to review for correct labeling of roads, streams, etc. An open house will be held at the County Ag Center in Baldwin on May 22 for public review and comments. Revised maps will be received within 90 days after the public review. We should have maps of one new countywide system in six months. Meeting adjourned at 11:05 a.m. Respectfully submitted: " &J J�I dy Ols , Recording Secretary Stan Krueger, Secretary 04 -24 -07 4