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HomeMy WebLinkAboutCommunity Development 07-21-11 NOTICE OF MEETING AND AGENDA COMMUNITY DEVELOPMENT COMMITTEE THURSDAY JULY 21, 2011 - 6:00 P.M. ST. CROIX GOVERNMENT CENTER COMMUNITY ROOM, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL REVIEW OF AGENDA CONSENT AGENDA 1. Minutes of Previous Session — June 16, 2011 2. Date of the next meeting— August 4, 2011 - 4:00 p.m., Hudson 3. Monthly Financial Reports 4. Monthly Written Department Reports 5. Report of Plats and CSM's currently in the review process OLD AND NEW BUSINESS 1. Public Hearings — 6:30 p.m. a) Rezoning — Meyer, 1091245 th Street, Town of Baldwin b) Waiver — Neumann, 199 Ave & 80 St, Town of Somerset c) Waiver — Ness, 1034 Townhall Rd, Town of Kinnickinnic d) Amendments to St Croix County Code of Ordinances, Chapter 17 Zoning, regarding Kennels and Commercial Kennels e) Amendments to St Croix County Code of Ordinances, Chapter 17 Zoning, regarding Definition of Livestock 2. Action Items a) Tenure support for Pete Kling b) Tenure support for Ryan Sterry c) Amendment to Town of Hudson Zoning Ordinance — Youth Oriented Recreation Facilities Amendments 3. Land Use Ordinance Applications a) Municipal plats ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURN NOTE: A quorum of the St. Croix County Board of Supervisors (County Board) may be present at this meeting. Therefore, this notice also serves as notice of a meeting of the County Board for the purpose of obtaining information relating to subjects listed above for use at future County Board meetings. (Items may be taken in different order) *Additions /Changes /Corrections DATE: July 14, 2011 PUBLIC HEARING NOTICE The St. Croix County Community Development Committee will hold a public hearing on Thursday, July 21, 2011 at 6:30 p.m. in the Community Room of the St. Croix County Government Center, 1101 Carmichael Road, Hudson, Wisconsin to consider the following: Amendments to St Croix County Code of Ordinances, Chapter 17 Zoning, regarding Kennels and Commercial Kennels, and Definition of Livestock, Sections 17.09, 17.12, 17.13, 17.14, 17.145, and 17.15: The proposed amendments to the County's Zoning Ordinance regarding Kennels are to amend the definition of Commercial Kennel and eliminate the definition of Private Kennel. The amendments also provide changes to provisions regarding Commercial Kennels including a reduction in setback requirements to property lines. The proposed amendment regarding the County's definition of livestock is to include additional animals into the definition. Comments and questions from the public will be heard and addressed. Information on these amendments may be obtained from the office of the St. Croix County Planning and Zoning Department, Hudson, Wisconsin. In the case of cancellation of this hearing, such notice will be announced on WIA'K and WEVR Radio Stations, or call the Planning and Zoning Department at 715- 386 -4680 before 5:00 p.m. Steve Hermsen, Chair Community Development Committee PUBLIC HEARING NOTICE The St. Croix County Community Development Committee will be conducting a public hearing on July 21, 2011 at 6:30 p.m. at the St. Croix County Government Center, Community Room, 1101 Carmichael Rd., Hudson, Wisconsin, to consider the following petition(s): REZONING 1. APPLICANT: Steve and Robin Meyer LOCATION: Part of the NW 1/4 of the NE 1/4, Section 10, T29N, R16W, Town of Baldwin ADDRESS: 1091 245 Street, Woodville, WI REQUEST: To rezone approximately 12.79 acres from AG -H to Ag- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. WAIVERS 2. APPLICANT: Jerome Neumann LOCATION: Part of the NW 1/4 of the NE 1/4 and the NE 1/4 of the NE 1/4 of Section 25, T3 IN, RI 9W, Town of Somerset ADDRESS: Intersection of 199 Avenue and 80 Street, Somerset, WI REQUEST: To seek a road setback reduction on four lots pursuant to Section 13.10(B) of the St. Croix County Land Division Ordinance. 3. APPLICANT: Bryce and Holly Ness LOCATION: Part of the NE1 /4 of the NW 1/4 of Section 17, T28N, R18W, Town of Kinnickinnic ADDRESS: 1034 Townhall Road, River Falls, WI REQUEST: To seek a road setback reduction on a lot pursuant to Section 13.10(B) of the St. Croix County Land Division Ordinance Information on this petition may be obtained from the office of the St. Croix County Planning and Zoning Department, Hudson, Wisconsin. In the case of cancellation of this hearing, such notice will be announced on WIXK and WEVR Radio Stations, or call the Planning and Zoning Department at 715- 386 -4680 before 5:00 p.m. Steve Hermsen, Chair Community Development Committee MINUTES COMMUNITY DEVELOPMENT COMMITTEE JULY 21, 2011 CALL TO ORDER: Chair Hermsen called the meeting to order at 6:00 p.m. ROLL CALL - Members Present: Supervisors Steve Hermsen, Sharon Norton- Bauman, Buzz Marzolf, Lorin Sather, James Stauffer, Bill Peavey and FSA Representative Ken Graf. Robert Shearer was absent and excused. STAFF PRESENT: Dave Fodroczi, Kevin Grabau, Alex Blackburn, Joan Sprain, Pete Kling, Ryan Sterry, and Monica Lucht GUESTS: Deb Jones, Randy Lau, Don Jordan, Gale Qualls, Jeff Johnson, David Robson, Don Johnson, David Niccum, Paul Hueg, Michael Erickson, Jerome Neumann, Jeannette Neumann, Lawrence Rauch, Holly Ness and Priscilla Zeller REVIEW AND CONSENT AGENDA: Motion by Sather 2nd by Peavey to adopt the agenda and consent agenda approving the minutes of June 16, 2011, approving the June financial reports, setting the date of the next meeting for August 4, 2011, 4:00 p.m. in Hudson, approving the monthly written department reports, and approving the report of Plats and CSM's currently in the review process. Motion carried. Sprain announced and congratulated Marzolf on being awarded the Living Memorial Award for his commitment to the county fair with the new dairy barn. Tenure support for Pete Kling and Ryan Sterry: Sprain reminded the committee of her tenure process last fall and now is supporting her colleagues, Kling and Sterry, for tenure. Jones explained that the achievement of tenure doesn't change the contract with St. Croix County, but both individuals need to prove the impact they've made on community. The committee needs to decide if they foresee a long -term need for the programming both Kling and Sterry do with the education and agriculture provided in the community, and if the committee foresees continuing the funding necessary for the positions. Jones asked the committee for any questions and comments. Peavey stated he supports and feels the need for both agents in the future. Norton - Bauman highly supports both positions and stated that what our county receives for what we spend is a real bargain, with the connection to the University of Wisconsin and all their specialists in the agriculture community, is welcomed and needed. Stauffer doesn't foresee the needs decreasing due to large agriculture and growth we have. Chair Hermsen stated he is very pleased with Kling, being versatile in many areas, and Sterry does good work. Sather stated that we definitely have value for what we get and doesn't see that decreasing. Graf reiterated the valuable information received. Marzolf thanked Sprain for her service in the UW- Extension office. Marzolf also stated he is very pleased Kling returned to St. Croix County and admires his work. Marzolf took part in hiring Sterry and stated he has done very good work; both individuals are highly endorsed. Jones stated she is very impressed with what she has heard and feels comfortable with asking the committee to support the tenures. Motion by Sather, 2nd by Peavey to support the tenure for Kling. Motion carried. Motion by Peavey, 2nd by Norton - Bauman to support tenure for Sterry. Motion carried. Amendments to Town of Hudson Zoning Ordinance — Youth Oriented Recreation Facilities Amendments: Jeff Johnson, Town of Hudson Chair, summarized the proposed amendments to the Town of Hudson Zoning Ordinance and the recent proposal from the Hudson Boosters that led to them. Recreation facilities developed by a youth oriented non - profit or government entity are allowed by a 1 Special Exception permit with the conditions of no stadium lighting, no amplified sound systems and no playing after dark. The Boosters proposed such facilities and requested a permit to allow play after dark along, with amplified sound systems and stadium lights. A public hearing was held and after Board discussion, the amendments passed on a 3 -2 vote contingent on the County Board approving the changes. The Town Board also removed `frontage on county roads' from the ordinance, which would make the Hudson soccer fields a non - conforming use. Chair Hermsen addressed the committee explaining before them is a Town of Hudson Zoning Ordinance amendment that requires County Board approval. Fodroczi explained that the only thing before the committee and the county board is the ordinance amendment, with no jurisdiction over the special exception. Typically, Planning and Zoning staff does a review of Town zoning ordinance amendments, and a letter has been drafted with staff concerns. Fodroczi summarized that the key concern is the change in item #2, `frontage on federal state highways' eliminating county highways, which would affect the Hudson soccer fields by making them a non - conforming use. He explained the committee can move the amendments forward, or table them and ask the town to reconsider the changes. Motion by Norton - Bauman, 2nd by Peavey to table the resolution and send it back to the Town of Hudson for further review. Discussion. Motion carried to table until the Town comes back to the committee. OLD AND NEW BUSINESS Public Hearing — 6:47 p.m. Rezoning — Steve & Robin Meyer The public hearing notice was acknowledged for the record and turned over to Grabau. LOCATION: Part of the NW 1/4 of the NE 1/4, Section 10, T29N, RI 6W, Town of Baldwin ADDRESS: 1091 245 Street, Woodville, WI REQUEST: To rezone approximately 12.79 acres from AG -II to Ag- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Grabau reviewed the staff report as well as a current County zoning map and a map of the proposed rezoning. The applicant wants to separate off the house and 12.79 acres from a 33 acre parcel of property that they own. They would then combine the leftover remnant with another 20.0 acre parcel that they own to the East, that is also zoned Agricultural District Two, into one parcel of 39.94 acres and sell it as an agricultural parcel. Staff recommends that the Committee approve the rezoning amendment for this parcel based on the following findings of fact: 1. Based on TRC findings (# 1 -16) the rezoning is consistent or generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 2. The Town of Baldwin has recommended approval. 3. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 4. The proposed use is consistent with the spirit or intent of the Ordinance. 5. The request meets the requirements in WSS 91.48 (1). Chair Hermsen asked three times for anyone wishing to speak in favor of this request. Don Johnson, Supervisor Town of Baldwin, spoke in favor. Dave Niccum, Plan Commission Town of Baldwin also spoke in favor and didn't foresee any problems. Chair Hermsen then asked three times for anyone wishing to speak in opposition of this request. Hearing none he closed the public hearing. Motion by Sather, 2nd by Marzolf to recommend County Board approval of the rezoning from Agriculture II to Ag- Residential without conditions based on staff findings and recommendations. Motion carried. 2 Waiver — Jerome Neumann: LOCATION: Part of the NW 1/4 of the NE1 /4 and the NE1 /4 of the NE1 /4 of Section 25, T3 IN, R19W, Town of Somerset ADDRESS: Intersection of 199 Avenue and 80 Street, Somerset, WI REQUEST: To seek a road setback reduction on four lots pursuant to Section 13.10(B) of the St. Croix County Land Division Ordinance. Blackburn reviewed the staff report. The applicant is requesting to reduce the setback on lots 1, 2, 3 and 4 of CSM Volume 20 Page 5155, from 100 feet to 50 feet along 199 Avenue. Chair Hermsen asked three times for anyone wishing to speak in favor of this request. Lawrence Rauch, Supervisor Town of Somerset, spoke in favor and recommended approval primarily because the property is undeveloped. Jerome Neumann, applicant, also spoke in favor and added that the setback reduction assures that a house would fit. Chair Hermsen asked three times for anyone wishing to speak in opposition. Hearing none he closed the public hearing. Motion by Marzolf, 2nd Norton, that the waiver request be accepted and approved along with the condition that a Wisconsin registered land surveyor must record a corrective instrument to reduce the setback. Motion carried. Waiver — Bryce & Holly Ness: LOCATION: Part of the NE1 /4 of the NW 1/4 of Section 17, T28N, R18W, Town of Kinnickinnic ADDRESS: 1034 Townhall Road, River Falls, WI REQUEST: To seek a road setback reduction on a lot pursuant to Section 13.10(B) of the St. Croix County Land Division Ordinance. Blackburn reviewed the staff report. The applicant is requesting to reduce the setback on lot 1 of CSM Volume 9 Page 2477, from 100 feet to 50 feet along Town Hall Road. Chair Hermsen asked three times for anyone wishing to speak in favor of this request. Holly Ness, applicant, spoke in favor explaining that the setback reduction is needed since the only level ground for a shed is in that area. The land all around, slopes too steeply. Chair Hermsen asked three times for anyone wishing to speak in opposition. Hearing none he closed the public hearing. Motion by Sather, 2nd by Peavey that the waiver request be accepted and approved along with the condition that a Wisconsin registered land surveyor must record a corrective instrument to reduce the setback. Motion carried. Amendment to St. Croix County Code of Ordinances, Chapter 17 Zoning, regarding Kennels and Commercial Kennels: Grabau explained the reason for the amendments due to the several kennel applications having been received over the years. Setbacks were too restrictive and couldn't be met without a variance for a hardship. The Board of Adjustment had asked the committee for amendments to reduce setbacks. Grabau explained the amendments as proposed. Chair Hermsen asked for public comments or questions. Priscilla Zeller, from the Town of St. Joseph, questioned if these amendments would eliminate private kennels. Sather explained that a private kennel is not providing a service and therefore not considered a commercial kennel. The Town has licensing and has jurisdiction. Paul Hueg, Board Supervisor Town of Hammond, questioned the limit on pets when it's a private kennel unless the Town has an ordinance. Towns decide how many pets they want to license as long as no service is being provided such as breeding, training etc. Chair Hermsen asked three times for anyone wishing to speak in favor. Hueg spoke in favor of the amendments and thinks all changes cover issues the towns have had, and feels the proposed setbacks are acceptable. 3 Chair Hermsen asked three times for anyone wishing to speak in opposition. Hearing none he closed the public hearing. Motion by Sather, 2nd by Marzolf to recommend adoption of the Amendment to St. Croix County Code of Ordinances, Chapter 17 Zoning, regarding Kennels and Commercial Kennels. Motion amended by Peavey, 2nd by Norton - Bauman to include changing the setback from 150' to 450' from property lines in letter `b', and the setback from major subdivisions from 250' to 450', in letter `c'. Discussion. Norton - Bauman explained concerned constituents have contacted her and she can understand their concerns. Roll call vote: Peavey — yes, Norton - Bauman — yes, Stauffer — no, Sather — no, Marzolf — yes, Hermsen — yes. Amended motion carried. Motion to amend the amendment by Stauffer, 2nd by Marzolf to strike letter `c', setbacks from major subdivisions, completely. Motion carried, Sather opposed. Vote taken on the original motion as amended. Motion carried, Sather opposed. Amendment to St. Croix County Code of Ordinances, Chapter 17 Zoning, regarding Definition of Livestock: Grabau explained the reason for the amendment is because the current county ordinance does not provide for equine animals to be included in the definition of livestock. The State definition also didn't include equine animals and changed their definition of livestock in 2010 to include equine as well as some other animals. St. Croix County is now amending the definition to meet Chapter 91 from the State. Chair Hermsen asked for public comments or questions. Lawrence Rauch, Supervisor Town of Somerset, questioned how defining equine livestock effects what is, currently, in the Ag- residential district. Fodroczi answered livestock allowed in the Agriculture district carries over to Ag- residential district such as raising, breeding and selling horses, but not horse boarding. Hueg questioned the wording of farm - raised deer, which seems to cover deer, but not allow for elk. He suggested wording it farm- raised cervids. Stauffer commented that elk is considered part of the deer family. Chair Hermsen asked three times for anyone wishing to speak in favor. Rausch and Hueg spoke in favor and support the change. Chair Hermsen asked three times for anyone wishing to speak in opposition. Hearing none he closed the public hearing. Motion by Peavey, 2nd by Sather to recommend adoption of the Amendment to St. Croix County Code of Ordinances, Chapter 17 Zoning, regarding Definition of Livestock. Motion carried. POSSIBLE AGENDA ITEMS FOR NEXT MEETING: A public hearing to be held on the Amendment to St. Croix County Code of Ordinances, Chapter 17 Zoning, regarding Kennels and Commercial Kennels due to changes made by the committee. Motion by Sather, 2nd by Peavey to adjourn the meeting at 8:07 p.m. Respectfully submitted: Monica Lucht, Recording Secretary James Stauffer, Secretary July 21, 2011 4