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HomeMy WebLinkAboutPlanning & Zoning 02-08-05 AMENDED ST. CROIX COUNTY NOTICE OF COMMITTEE MEETI TO: Clarence Malick, St. Croix County Board Chairperson FROM: Jan Zoerb, Chair COMMITTEE TITLE: Planning and Zoning DATE OF MEETING: Tuesday, February 8, 2005 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center 1101 Carmichael Road, Room 1281 Hudson WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING HEARING: 11:00 A.M. Roger H and Judy C. Evans request a variance to the St. Croix County Subdivision Ordinance, Section 18.16 (H)(3) Design Standards for Major and Minor Subdivision. The variance request is for relief from the required joint driveway standard requirements. 1. County Surveyor Update 2. Subdivision Review a. Sunset Landing Concept Review 3. Planning and Zoning Business a. Bills and Invoices b. New POWTS position c. Planning Report d. Land Information Report e. NAZCA Pilot Project f. Code Administration Report g. Ordinance Amendments 4. Economic Development Business a. Resolution on Regional Comprehensive Economic Development Strategy b. County Resolution Supporting a Planning Grant from the Wisconsin Department of Commerce (Countywide Telecommunications System) 5. 10:30 a.m. — Community Health Needs Assessment Report — Public Health 6. Presentation on New Livestock Siting Legislation (Steve Olson, Bob Heise - LWCD) 7. Closed session pursuant to Wisconsin Statutes section 19.85(1)© to consider performance evaluation data of public employee over which the Committee has jurisdiction, Planning and Zoning Director AGENDA ITEMS FOR NEXT MEETING - ANNOUNCEMENT'S & CORRESPONDENCE - ADJOURNMENT (This agenda not necessarily presented in this order.) Date: February 3, 2005 *Items added or revised for amended agenda. Cc: County Board Office, News Media/Notice Board, County Clerk, Committee Members MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON WI February 8, 2005 Present: Chair Jan Zoerb, Supervisors Lois Burri, Brian Hurtgen, Wally Habhegger; Staff: Dave Fodroczi, Ellen Denzer, Brett Budrow, Bob Bezek, Judy Olson, Steve Olson, Barbara Nelson Guests: Jim Rusch, Sam Cari, Ryan Cari, Bill Rubin, Tom Coleman, Roger Evans, Chris Evans Call to Order: Chair Zoerb called the meeting to order at 9:10 a.m. Date of Next Meeting: February 22, 2005 Action on Previous Minutes: Motion by Burri, 2 nd by Hurtgen to approve the minutes of November 10, 2004. Motion carried. 11:00 a.m. Hearing: Roger H. and Judy C. Evans request a variance to the St. Croix County Subdivision ordinance, Section 18.16 (H)(3) Design Standards for Major and Minor Subdivision. The variance request is for relief from the required joint driveway standard requirements. Bezek stated that in reference to the ordinance Section 18.16(H)(3), the specific statement in that ordinance is that all roads serving more than one lot must be constructed to County road standards. Also a joint access be constructed to ordinance road standards to the point where it divides for separate lots. Bezek distributed correspondence from County Engineer Jeff Durkee. Zoerb called the Public Hearing to order at 11:15 a.m. Louis Filk.ins, Ogden Engineering, introduced land owner Roger Evans whose son Chris is proposing; to purchase lot 2, containing five acres, of proposed CSM in the Town of Pleasant Valley, that was conditionally approved on December 28, 2004. The lot is to be served by a driveway easement along the existing driveway. The process of the CSM started in May 2004 with submittal of an. application for rezoning. TRC recommendation on July 27, there was some confusion and problems of rezoning resulting in using an exemption for one family member be used to create lot 2. The driveway permit was received in October and the two lot CSM application in November. The technical review comments regarding the CSM, with conditional review by P & Z Committee on December 28. The shared portion of the driveway was to be built to County road standards. Durkee met with the applicant to discuss several positions for the driveway and it was determined to come along the existing driveway and that it should not be constructed to County standards. There are several trees along the existing driveway that will be removed. Filkins felt this is reasonable use of the property. An aerial photo of the property from 1996 was distributed. Chair Zoerb closed the public hearing. Bezek gave staff update. Zoning is currently exclusive ag. He reported that the Town of Pleasant Valley has no objection to the variance. Durkee's written comments were distributed. An on -site review was not conducted. One neighbor called and stated no objection to the request. Durkee stated the Highway Department position. They do not like to issue additional permits. A concern was that a joint driveway would be viewed as a road, creating an attractive nuisance. Zoerb stated that there should be a hardship far a variance and we (the committee) need to get additional information from the Highway Department and staff before making a decision Motion by Habhegger to table this request until the next Planning and Zoning Committee meeting. Motion 2" by Burri and carried. County Surveyor Update: No report. Subdivision Review — Sunset Landing Concept Review — The Committee discussed a letter from Supervisor Malick ( Malick was absent from the meeting) in response to a letter dated. January 20 from Sienna Corporation to Chair Zoerb. The pertinent part of Malick's letter follows: Sienna has retained a St. Joseph resident, Attorney, Sam Cari, who is experienced with eminent domain and well- respected by Greg Timmerman. He can represent the County in the proceedings and expertly and tactfully address the concerns of the Town's attorney and the Town Board. Ideally this will be a partnership between County and Town for the avoidance of a spectacularly bad road, although the Town may wish to be a "silent partner. " Neither County or Town will face cost or liability due to the proceedings, since Sienna assumes those. The situation is so unique that no generalized precedent for other subdivisions will be set. Additional public purpose advantages of creating a straight, short road (to be attached to the motion) besides those listed in the letter (feel free to add any I missed): 1. Shorten the excessive length of the proposed indirect road to the cul de sac by approximately 114 mile. If it still exceeds our ordinance and requires a variance from the P &Z committee, consideration should be given to placing stub roads strategically on the north and south sides of the new route for future development of the Buttke property. 2. Completely avoid the problems of an intersection near the junction of old 35 and present 35 involving significant grade separation and a curve on a major state highway. 3. Enable more of the land within the subdivision to be included in lots, rather than outlots owned by a homeowners association or publicly dedicated road cuts and fills. 4. Eliminate creating long stretches of secluded, indirect road, problematic because not visible from other roads nor from homes. Such seclusion invites a) Illegal trash disposal, b) Trespassing to reach the river, etc., c) "Hanging out" behavior such as drug dealing, partying and campfires, and d) Stranded motorists. 5. Eliminate two places where the road would be 40+ feet above scenic valleys, places needing unsightly guard rails and likely to require high maintenance cost. 6. Minimize current and future natural habitat disturbance within the Riverway District, the designated environmental corridor and a major migratory songbird route. Clarifications /conditions for later: 1. Developers contribute to Town and County park funds half of cost saved. Engineers will have to develop calculation estimate and tracking mechanism. 2. Name the road to commemorate the Buttke family or some other St. Joseph distinguished citizen or family. Rusch displayed maps showing two alternate road designs connecting Highway 35 to the Sienna property, one accessing at the County Road V intersection, both crossing the Buttke property and ending in a cul -de -sac. The approach on the road is much simpler than the earlier proposal. He stated that after the last P & Z meeting he and Sienna project manager Larry Thompson met with Malick. It is obvious that the Town will not initiate condemnation. The Town prefers to stand neutral, not in opposition. To go forward condemnation must go through the County. Sienna will do everything to support and assist. From that meeting it was determined that Sienna should have a proposal and an alternate. Additional surveying was done with no engineering on the road. The initial letter from Sienna outlines five points with the most critical thing for Sienna being to avoid starting over with an entirely new concept. In order to facilitate this, Sienna is asking to present both proposals to the County for approval, the original concept that uses a 66' strip of land adjacent to the south portion of Mr. Buttke's property that leads to the parcel where the subdivision is proposed and one of the new designs with a northerly route through the Buttke property that would require condemnation to accommodate a road access. If condemnation is successful they will abandon the lower /southern route and relocate the cul de sac within the proposed subdivision. He stated that it is critical to start spring construction. If construction is delayed there would be serious risk of erosion. A survey crew, employed by Mr. Rusch, went out and, without walking on the Buttke property, used special equipment to locate the buildings so they could plan new roads connecting to the cul de sac and make sure there was enough clearance between the right -of -way of the new road and the northernmost building on the Buttke property. The distance is 125 feet. The other consideration was to intersect with Highway 35 at a right angle. He then showed a second approach with a more northern route that would intersect at County Road V and leave area for future development. Sam Cari stated that the land for the road right -of -way would be a fee acquisition title. Sienna Corporation is willing to pay the appraised price for that land. Rusch reported that Sienna Corporation has hired Mr. Cari to do the legal work. Sienna is also prepared to do the engineering work and pay for the construction of the road with no cost to the County other than the review. Cari explained the approval process and stated that they must have the review process complete in 60 days in order to begin sprang construction. Rusch explained the time needed for engineering and surveying for the final plat would be 30 days. Zoerb explained that the Committee physically viewed the property. Rusch stated that time is critical and that if condemnation does not happen within time limitations that the proposal with the southern route be left as an option. Committee members discussed the items in Malick's memo and the benefits of the proposed options 2 and 3. Rusch explained the road reconfiguration and changes in some lots with the two options. Rusch stated that this item will be on next month's St. Joseph meeting agenda for preliminary plat approval and he expects the changes to be accepted by the Town. Habhegger stated that he does not want to buck the Town board on this decision. Rusch stated that the Town is not opposed to this as long as it is understood that the Town is not condemning the property of one of its residents for the benefit of Sienna Corporation. Zoerb noted that this is a unique situation and good cause for consideration since it is within the Riverway district with much concern with the amount of disturbance that will take place using the initial concept. Motion by Habhegger to start the process subject to the conditions in Mr. Malick's letter. Motion 2nd by Burn adding that we work closely with the Town of St. Joseph. Zoerb added the process being that the Sienna Corporation and its legal counsel proceed with the investigation of the authority and the process of condemnation of these particular options, one being favorable to the other. Committee members agreed to depend on County highway engineers to determine the best access at Highway 35 and strive to avoid creating a three -way intersection. Zoerb said highway configuration and road configuration to be a priority. The County should proceed with the condemnation process with a road right -of -way to access the Sunset Landing plat property owned by Sienna Corporation to create a more desirable access to their property that will have less negative impact on the environment and the sensitive areas within the proposed plat due to other configurations requiring greater disturbances and that we agree to the desires of the Town of St. Joseph regarding the road configuration and that we partner with them on this approach and that we add the points in Mr. Malick's memo to this Committee's motion as reason for this decision. Cari asked, as part of that motion, regarding the time factor, that the condemnation process and going to a northern route does not effect the variances, conditional use permits, special exceptions and other permits that were previously granted to Sienna Corporation for this overall development with the southern route. Fodroczi clarified Cari's point stating that the approvals have been granted for the project under the jurisdiction of the zoning ordinance by Board of Adjustment. There is no question about the validity of those applications and approvals for variances and special exceptions, however the project moving forward, regardless of the route, will be subject to review of this Committee under the subdivision ordinance. There may be issues related to that, simply because of the stage this proposal had with that review, hadn't even come to light. Those things may be subject to further review. Bezek stated that the Board of Adjustments decisions should be reviewed to be sure those decisions are still valid with the new design. Carl and Rusch explained that if the condemnation does not happen, the original design with the southern route would be presented for approval. Habhegger and Burri said they would not require having to replace the already completed portions of the concept review of this plat with another concept review and are willing to go to the preliminary plat stage. Motion carried. Municipal Plats — No plats submitted. Planning and Zoning Business - Bills and Invoices — The January 2005 revenue and payment of brills reports were reviewed by the chair. New POWTS position — Bezek reported that recruitment for the position will end this week. Committee members were invited to participate in the interviews that will be done in late February and early March. Planning Report — Denzer reported on the Interactive Visual Workshop held at WITC on January 20 for the five towns in the Heartland Project. Denzer distributed a list of comments submitted from participants of the workshop. The presenter at the: workshop, Sue Thering from University of Wisconsin Extension in Madison, felt it was a very productive and positive session. The participants seemed very satisfied with the results and will continue using the maps as tools in working with their towns. The workshop helped participants focus their thoughts, develop and debate ideas and generate discussion. For the towns, this seemed to be the best workshop done during this project. Budrow stated that the workshop was very helpful for the towns for Baldwin and Hammond in understanding conservation design after viewing photos in different groups. It will be very helpful in the towns' understanding of and planning for accelerated growth. Land Information Report — Budrow reported that he is working with Emergency Communications on E911, a project to develop a center line database for address locating. The orthophotography project is being completed with digital elevation model. So far eight square miles of two -foot contours from that project are in. We have been contacted by the vendor and the DOT to do significant amount around the City of New Richmond to develop digital terrain model and two -foot contours in 30 — 40 square miles. Once complete it would be available for the City of New Richmond. Budrow talked with DOT regarding concerns of the cost of that project and suggested the possibility of the City, County and DOT could partner on this. Budrow stated that we need to analyze our website to determine what improvements are needed — how to make it better and faster. NAZCA Pilot Project — Fodroczi reported that one internal meeting was held with affected departments on the integrated software proposal to tie together all land records applications and serve as a portal from the company in cooperation with Wisconsin Counties Association. The concern is what the affect will be on existing software vendor relationships and the fee structure involved. He met recently with principals from NASCA and reviewed all the issues. The original proposal was that we would commit to the software product as pilot project, but we are not willing to commit front end. They are seriously considering altering their approach with their proposed agreement with us so we will be willing to commit time and data to work with them to go through the design and development stage of what they propose and if it would work. We would need answers about some non technical issues. They will draft that agreement to be ready for the February 22 meeting to review the details. The Committee will be asked to endorse the agreement for consideration by Finance Committee and County Board. Code Administration Report — Bezek reported that the Board of Adjustment has one variance request on Bass Lake and one rezoning request for the Committee meeting in March. Two hearings are scheduled for February 23. The Deputy Zoning Administrator meeting is scheduled for March 31, possibly at WITC in New Richmond. Bezek asked for input from Committee members in planning that meeting. Ordinance Amendments — Fodroczi stated that the public hearing; on Sanitary Code and Agricultural Zoning District amendments will be held on February 17. The public hearing notice and changes and timelines were sent to the Town Clerks and Chairs. Notices were published. Summary of changes, timeline and public hearing notices were sent to other interested public. Two information meetings on proposed amendments to land division and zoning ordinances are scheduled on March 15 and March 23. Economic Development Business — a. Resolution on Regional Comprehensive Economic Development Strategy Fodroczi reported on recent correspondence from Jerry Chasteen, Director of West Central Wisconsin Regional Planning Commission with attached draft resolution language regarding the regional overall Economic Development program. That is something that WCWRP has managed for years and normally distribute project requests and project identification requests to all the communities and counties for projects that maybe eligible for funding through Federal Economic Development Administration. This year, in submitting that EDA required as a condition of approval, that they actually have resolutions from the counties supporting that. A copy of the frill Economic Development Strategy is not included, but there is an annual report that includes lists and identification of the projects. There are 10 potential projects in St. Croix County and affiliated with largely industrial parks and related municipal improvements. Fodroczi requested the Committee's consideration of the resolution. If there is interest and support in sponsoring the resolution to the County Board, we can craft it in standard County format and bring back to the Committee at a later meeting. Motion by Habhegger, 2 nd by Hurtgen to approve support of the resolution. Motion carried. b. County Resolution Supporting a Planning Grant from the Wisconsin Department of Commerce (Countywide Telecommunications System) St. Croix Economic Development Corporation Director Bill Rubin emphasized major points of the resolution: The reoccurring theme across the nation is the need of broadband connectivity to homes, businesses, etc. with fiber optics. The EDC sees this as an economic development need; residents are expressing that need because more and more people are conducting business through that means. Last fall at a multi- county summit meeting in Hudson, the "digital divide" was a topic of the conference. Broadband is also part the of Governor's economic blueprint called "Grow Wisconsin." The EDC is interested in obtaining a community development block grant for purposes of conducting a feasibility analysis concerning the countywide deployment of ultra band fiber optics. Rubin referred to a September 2004 press release from the Governor's office announcing that Door County had secured grant funds for a similar endeavor. The EDC believes there is going to be a growing line of counties that will be requesting the same. Those that are on board early will reap some reward. Rubin requested that the Committee support the resolution requesting a community development block grant fund for the purpose of conducting a feasibility analysis of a regional telecommunications system for St. Croix County. Rubin added that, after discussion with Zoerb, he will insure that some administrative money is included in that grant. He referred to Regional Planning being the fiscal agent. Tom Coleman of Brilliant Cities, a prospective vendor, explained that he can give a full presentation to individual Board members or the full group, illustrating that fiber optics are integral in every community. With the information age, a very powerful telecom infrastructure is needed. The strategy is how to lay out fiber optic cable throughout cities and counties. He has had several meetings with the State and with Community Development and Economic Development agencies. The State has fully cooperated with Door County. Coleman stated that they have built a consensus with the State government in the communities, that this is the opportunity to take and explained why this is so difficult for incumbent providers to do. Rubin stated that the County and St. Croix EDC would request proposals, so that potential vendors like Brilliant Cities (and others) would not be excluded. Coleman stated that he and state officials are in agreement on wanting this to go forward. He will be meeting with CIOs and directors of the Wisconsin University System on March 17 to explain broadband and determine how they can help move forward. Motion by Habhegger to recommend to the County Board the Resolution Authorizing an Application for a Planning Grant for a Feasibility Study of a Countywide Telecommunication System Under the Wisconsin Community Development Block Grant Program. Motion 2 nd by Hurtgen and carried 10:30 a.m. — Community Health Needs Assessment Report — Public Health — Barbara Nelson, St. Croix County Public Health, presented the results of the assessment and explained the process. Statutes require Public Health to lead a needs assessment on a regular basis. Because health grant money was used it is also required to do a regular needs assessment. A steering committee consisting of a variety of participants, including Dave Fodroczi, completed the assessment. The assessment, done in 2003, was designed jointly by the Wisconsin Office of Rural Health and the St. Croix County Department of Health and Human Services — Public Health to serve two functions: To fulfill state statutes that require each local health department to complete the needs assessment process and provide tangible health information to the local community. Brochures showing the results of the assessment were distributed. Nelson presented and explained the results regarding population, economics, findings and priorities including high priority concerns. Presentation on New Livestock Siting Legislation (Steve Olson, Bob Heise, LWCD) - Steve Olson presented information on the proposed draft rules and standards and how this could affect St. Croix County. The presentation this day was for information only with no need for the Committee to address the issue at this time. The rules and standards would apply to facilities over 500 animal units and includes changes in application fees. Public hearing will be held in March in Eau Claire. Informational meetings are scheduled in Menomonie in April. Olson explained the changes that would affect ordinances. Fodroczi noted that we need to keep this fee schedule in mind when changing ordinances. Closed session pursuant to Wisconsin Statutes section 19.85(1)© to consider performance evaluation data of public employee over which the Committee has jurisdiction, Planning and Zoning Director. Tabled for a future meeting when all Committee members are present. The Chair adjourned the meeting at 12:30 p.m. subm tted: gespectfully dy O on, Recording Secretary Buck Malick, Secretary