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HomeMy WebLinkAboutPlanning & Zoning 01-28-03AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Clarence "Buck" Malick, Chairman St. Croix County Board FROM: Art Jensen, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Tuesday, January 28, 2003 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center, 1101 Carmichael Road, Hudson, WI County Board Room CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: Hearings : Minor Subdivisions — Heinbuch CSM — discussion of condition Major Subdivisions - Final Plat and Town Crick Bottom Overlook - Hammond Preliminary Plat and Town Prairie Pond Breaks — Star Prairie • Discussion of plats having 20% slopes: Polen Concept, Town of Hudson Southern Estates, Town of Somerset Timmerman Concept, Town of Troy • Letter of Credit — David and Arla Railsback Zoning Business 1. Bills, Invoices and Revenue Report 2. Violations and Citations 3. Municipal Plats 4. Rezoning scheduling 5. Non - Metallic Mining Ordinance 6. Rezoning Decisions 7. Wildwood Trail 8. Zoning positions 9. Town Road Inspection Agreement — Towns of St. Joseph and Troy 10. *Town of Hudson - Park Funds 11. *County Surveyor *Parks Business 1. *Review Job Descriptions 2. *Truck Purchase ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: January 27, 2003 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board MINUTES PLANNING, ZONING AND PARKS COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI January 28, 2003 Present: Supervisors Art Jensen, Veronica Anderson, Jan Zoerb, Linda Luckey and Lois Burri were present. Staff. Steve Fisher, Jon Sonnentag, Deb Zimmermann, Fran Bleskacek, Pete Kling, Bob Heise, Greg Timmerman Others: Joe Granberg, Gary Heinbuch, Ed Flanum, Ed Kromrey, Jason Paukner, Joseph Ryan, Patrick Collins. Chairman Jensen called the meeting to order at 9:00 a.m. Anderson moved, seconded by Burri and carried, to adopt the agenda. Date of next meeting: The next meeting for this committee is on February 11, 2003 at 9:00 a.m. at the Government Center in Hudson Approval of minutes: Motion by Luckey, seconded by Anderson and carried to approve the minutes of December 17, 2002, with changes noted. Bills, Invoices and Revenue Report: Motion by Zoerb, seconded by Burri and carried to approve December 2002 bills of $63,111.33. Motion by Zoerb seconded by Anderson to note revenue of $51, 783.69. Violations and Citations: No report today. Zoning is in the process of hiring another Zoning Specialist to take over the Code Enforcement position. Fisher will keep the committee updated. Municipal Plats: No municipal plats to review. Heinbuch CSM- discussion of condition: Joe Granberg petitioned the committee to reconsider changing a condition imposed on this CSM by the committee, regarding a setback along the access easement on the east property line. Granberg stated it is not necessary for the setback, due to the fact that this access is restricted by the WI D.O.T. for a joint driveway only. Staff agrees with the request on this CSM and has suggested language to be placed on the map. Discussion held. Motion by Jensen, seconded by Zoerb and carried to remove the previous condition and have the following language placed on the map: "WI D.O.T. covenants signed by the Heinbuchs state that only the existing church, lot 1 of this map and one (1) additional residence may use this access. This restriction limits the use of this access to a joint driveway at a maximum. Any future development requiring joint access would necessitate that the access be built to joint roadway standards of St. Croix County." Minor Subdivisions: See attachment A: Major Subdivisions: See attachment B: Prairie Pond Breaks Subdivision: This plat is up for preliminary approval, but there appear to be concerns by neighbors regarding road access. Jeff Durkee, SCC Highway Dept. has reviewed the plat and stated that all of the proposed roads in the subdivision meet requirements of the County. The town road is under the Town of Star Prairie jurisdiction. Durkee has met with Doug Rivard, Chairman for Star Prairie, and has discussed with him that statutorily the town roads are under town rules, and there are avenues for the town to look at in changing roads. The neighbors are concerned that the town road is too narrow to accommodate 35 new homes. The letters of concern sent to the County will be forwarded to the Town. Fisher added that there are also concerns regarding multi - family housing, and he reminded the committee that duplexes, twin homes, etc. are allowed under County zoning with a Special Exception permit and should not be addressed at the subdivision level. Fisher further added that light pollution was another concern, and lighting in subdivisions is not addressed in the ordinance. Pat Collova told the committee that he believes all the issues raised today can be dealt with and he is willing to work with everyone on these issues. Motion by Luckey, seconded by Burri and carried to table the plat until the committee gets a chance to go out and view the property on February 11 The committee recessed from 10:55 a.m. to 11:10 a.m. Polen Concept (Indigo Ponds): Jim Rusch went over the re- designed plat, stating that the driveways do not go through any 20% slopes. Fisher explained to the committee that because this property is over 35 acres in size, the developer is allowed to construct a road into one lot and build a home under the Town of Hudson General Zoning Ordinance Standards. It is staff's opinion that the developer has the right to build up to three homes on 35 acre lots on this property and would be exempt from County Zoning and Subdivision regulations. Discussion held. Motion by Jensen, seconded by Zoerb and carried to move this concept map onto staff review at the technical review stage. Southern Estates Concept : Fisher told the committee that staff has been working with the developer on this plat, and is pleased with the amended lot layout. Discussion held on road construction and the minimal disturbance of 20% slopes. Anderson commended the developer and staff for working out the issues on this plat. Motion by Jensen, seconded by Anderson and carried to approve the concept plat, pursuant to the 20% slope policy, and stating that the cul -de -sac be built to the northern property line. The plat will be forwarded onto the staff for review at the technical review stage. Timmerman Property: Roger Humphrey, Humphrey Engineering, went over the concept map for this property. They are working with the Town of Troy on this, and will be part of the 60/40 Development Plan for the Town. Humphrey pointed out that the 20% slope area and other land will be set aside per the Town of Troy Plan. Motion by Jensen, seconded by Burri and carried to approve the concept map and forward onto the staff for their technical review committee. Town Road Inspection Agreements: Fisher explained that the county has been working with the Town of Troy and St. Joseph on an Agreement to allow the towns to conduct their own road inspections for town roads. The agreement just deals with town road plan review and town road inspections. The erosion control measures will still be established by the county. The Town attorneys for Troy and St. Joseph have drafted proposed agreements which have been reviewed by Jeff Durkee and Tim Ramberg of the St. Croix County Highway Department, the Zoning staff and Corporation Counsel. Staff recommends that the committee approve of the proposed agreements, and move forward to the County Board for their approval. Gwen Kuchevar, attorney for the Town of Troy, reiterated that the erosion control measures will be overseen by the county. The Town of Troy is anxious to move forward on this as soon as possible. Motion by Luckey, seconded by Jensen and carried to approve the language in the Agreement between St. Croix County and the Towns of Troy and St. Joseph, and to forward to County Board if needed. Fisher will check with Corporation Counsel to determine if this needs a Resolution to be approved by County Board. Letter of Credit -David and Arla Railsback (Bass Ridge Pines Subdivision): Fisher told the committee that he is asking for the committee's approval to pull the Letter of Credit for $24,000 for road construction and $2,400 for erosion control for the Bass Ridge Pines Subidivion. Fisher would like to put this money into an escrow account, and if the developer does not complete the road construction and erosion control measures by June 1, 2003, the County will move forward with completing the project, using the money in the escrow account. David Railsback told the committee that he had some problems on the site when the natural gas lines were installed, so has not completed these projects. Fisher added that the final approval was given on this plat on July 25, 2000, and these projects should have been completed by now. Railsback has been sent numerous letters indicating that this needs to be done, and he has failed to address the issues. Motion by Zoerb, seconded by Jensen and carried to approve the request by staff to pull the Letters of Credit for $24,000 for road construction and $2,400 for erosion control and to move to the county escrow account. The developer has until June 1, 2003 to complete the outstanding proj ects. The committee recessed from 12:25 p.m. to 1:35 p.m. for lunch. Rezoning Scheduling: The committee scheduled the following rezoning requests: Veenendall(Town of Baldwin) and McNamara (Town of Erin Prairie) scheduled for February 26 at 7:00 p.m. at the Agricultural Center in Baldwin and Orf (St. Joseph) for March 12 at 7:00 p.m. at the Government Center in Hudson. The committee will view these properties at the end of their meeting on March 11th Rezoning Decisions: Donald Roettger: Fisher explained that this request was tabled at the hearing on January 15 in order to have the applicant submit a sketch of how the property may be developed if rezoned. Roettger presented a map to the committee showing a possible layout of how the property may be developed. He reminded the committee that this is a "rough sketch ", and it may look different, depending on who buys the property. Greg Timmerman, Corporation Counsel, joined the group for this discussion. Fisher handed out information on the differences between contract rezoning and conditional rezoning. Fisher further reminded the committee that any subdivision of property is subject to the County subdivision rules. Timmerman added that the committee needs to consider rezoning criteria, such as whether or not it is compatible with uses in the area, town plans, etc. Rezoning a property does not guarantee development. If development occurs, the developer will go through the subdivision review, and will be held to the standards in the ordinance. Discussion held. Motion by Jensen, seconded by Burri to approve the Roettger request to rezone 80 Acres from Agriculture to Ag/Residential in the Town of St. Joseph, and move onto County Board, based on the following findings: 1. About 15 to 20 percent of the site has productive farmland soils. 2. There are probably sand and gravel deposits located under the whole site. 3. Surrounding zoning is exclusive ag to the west and ag residential to the north, east and south. 4. The site has access to town roads to the east and south. 5. Proposed use is sale of land to adjoining landowners and to a family member. 6. A conceptual site plan or development plan has been provided. 7. The Town has recommended approval, stipulating that the request meets two of the three rezoning criteria: that the parcel is too small for ag purposes and is inaccessible for farm machinery and that the parcel has not had a history of economically viable farming activities. 8. The Town has considered §91.77 in making their decision. 9. The owners should be encouraged to preserve all the environmental features and to be aware of the limitations associated with these features. The environmental elements should be incorporated into any type of development. 10. As the owners consider design elements they should be encouraged to: protect the closed depressions and wetlands; use best management practices, erosion and sediment control and stormwater management for the steep slopes; and protect the interior woodland habitat. 11. During design, POWTS should be located so that there is not a conflict with the wetlands, closed depressions and the limiting soils for POWTS. 12. The St. Croix County Natural Resource Management Plan Goals H, III and IV also encourages protection and preservation of surface waters and wetlands; fish and wildlife habitats; and agricultural land and soils to preserve ecological functions and recreational and scenic values and wildlife habitat. Motion carried on a 4 -1 vote, with Anderson voting in opposition. David Ihle: Fisher handed out new information regarding the Ihle rezoning request. The Town of St. Joseph has filed a Resolution disapproving the rezoning, and Fisher read into the record. Fisher went over the correspondence from Joe Ryan, Ihle's attorney. Discussion held. Fisher said that staff still stands behind their original recommendation that the request to rezone this property to commercial is valid. Joe Ryan told the committee that the 50 -foot buffer on the western boundary would be acceptable. Ihle is sensitive to the neighbors concerns. Ryan also reminded the committee that any proposed use on the property needs to go through the Special Exception process with the Board of Adjustments. He further stated that this property has been taxed, in its entirety, as a commercial piece of property since Ihle purchased it. Pat Collins, Town of St. Joseph Chairman, stated that the town does recognize the commercial building and the parking lot, but does not want to see the commercial use expanded. He feels it is important to protect the neighboring properties in the area. Lengthy discussion with staff and Corporation Counsel. The committee will review the new information and place on a future agenda. Jensen told everyone they will resolve this issue as quickly as possible. Wildwood Trail: Bob Heise, Land and Water Conservation Dept., joined the group. Fisher handed out the proposed St. Croix County Policy for "Crossings" of the County Owned Wildwood Trail Corridor. A lengthy discussion was held on the proposed language of the policy. The committee is not supportive of having any new town road cross the Wildwood Trail. The committee went over the proposed policy, and suggested several changes. Motion by Zoerb, seconded by Burri to approve the proposed policy dated January 28, 2003 with changes noted by the committee, and policy to be effective today, January 28, 2003. Motion carried on a 4 -1 vote, with Jensen voting in opposition. Timmerman will inform Rodel's attorney that no town road will be allowed to cross the Wildwood Trail. Non Metallic Mining Ordinance: No update. Will be placed on a future agenda. Zoning Positions: The Code Enforcement Officer position is being advertised, and closes on February 10 Interviews will be conducted the morning of Friday, February 21 Luckey and Anderson will be sitting in on the interviews. Town of Hudson Park Fund Request: The Town of Hudson has re- submitted their original request for release of escrow funds for park fund reimbursement. Fisher has reviewed the re- submittal of expenses and recommends that the committee approve the release of escrow funds for these expenses. Discussion held. Motion by Luckey, seconded by Burri and carried to approve the request for the release of $2,248.46 from the Town of Hudson escrow account for park expenses. Parks Business Review Job Descriptions: Heise handed out updated job descriptions for the following positions: County Parks Site Manager, County Parks Maintenance Manager, Land, Water and Parks Director. Deb Kathan, Personnel Director, has reviewed and approved these job descriptions. Discussion held. Motion by Zoerb, seconded by Anderson and carried to table job descriptions until the committee has had a chance to review. Truck Purchase: Heise is putting the specs together, and will not be moving forward on a purchase until it is determined what all the needs will be for the truck. He will keep the committee updated. County Surveyor: This item will be placed on the February 11 agenda. Closed Session: Motion by Anderson seconded by Zoerb to convene into closed session with Corporation Counsel Timmerman per §19.85(1)(g) conferring with legal counsel per pending litigation. Roll call vote: Zoerb, yes; Anderson, yes; Burn, yes; Jensen, yes; Luckey, yes. Motion carried. Adjournment: Motion by Anderson, seconded by Jensen and carried to adjourn at 5:15 p.m. Lois Burri, Secretary Recorded by Debra i ermann 6 ATTACHMENT A MINOR SUBDIVISIONS January 28, 2003 Owner: Jake Crowley Location: SE 1 /4 -SW 1 /4 , Section 26, Town of Rush River, 2 lots totaling 40.116 acres, original parcel 40.115 acres. Staff Recommendation: Approval Committee action: Motion by Anderson, seconded by Zoerb to approve, carried. 2. Owner: James and Margaret Woodruff Location: SE 1 /4-NE 1 /4, Section 21, Town of Troy, 1 lot totaling 13 acres, original parcel 80 acres Staff Recommendation: Approval Committee action: Motion by Jensen, seconded by Zoerb to approve, carried. 3. Owner: Mark Crotty Location: SE 1 /4- SE 1 /4, Section 3, Town of Somerset, 3 lots totaling 24 acres, original parcel 24 acres. Staff Recommendation: Conditional approval: 1) The following note to be placed on map: "The Zoning Department has determined the drainage swales to be non - navigable. On -going monitoring of the drainage swales is required because navigability might change from non - navigable to navigable with future developments upstream of the property. "; 2) The joint access serving Lots 3 and 4 must be constructed to County standards to the point where it divides for the separate lots; 3) Minor map revisions as requested. Committee action: Motion by Luckey, seconded by Jensen with conditions recommended by staff: 4. Owner: Walter Fenstra Location: SE 1 /4- SE' /4 , Section 23, Town of Eau Galle. 2 lots totaling 9.92 acres, original parcel 110 +/- acres Staff Recommendation: Conditional approval: 1) The joint access service Lot 1 and 2 must be constructed to county standards to the point where it divides for the separate lots; 2) Minor map revisions as requested. Committee action: Motion by Jensen, seconded by Anderson, to approve with conditions recommended by staff, carried. It was noted that future subdivision of Lot 1 not possible due to road configuration. Owner: John Elbert Location: NW 1 /4 - SE 1 /4 and NE 1 /4- SW 1 /4, Section 30, Town of Warren. 1 lot totaling 7.00 acres, original parcel 59.84 +/- acres. Staff Recommendation: Conditional approval: 1) The easement must be recorded and the recording information placed on the map. Committee action: Motion by Zoerb, seconded by Burn to approve with condition recommended by staff, carried. It was noted that no setback is being shown on old Lot 1 as the access easement will be moved when the remaining land is developed. 6. Owner: Patricia Purfeerst Location: NW ' /4 - SE 1 /4, Section 12, Town of Troy. 1 lot totaling 5.912 acres, original parcel 65 +/- acres. Staff Recommendation: Approval Committee action: Motion by Jensen, seconded by Burn to approve, carried. 7. Owner: Dennis Gunther Location: NW 1 /4- SE 1 /4, Section 17, Town of Somerset, 2 lots totaling 16 acres, original parcel 16 acres. Staff Recommendation: Conditional approval: 1) The following note to be place on the map: "A dedicated road between lots 1 and 2 would require the relocation of the access serving lot 2 to meet the required separation distance from 47 St." ; 2) Minor map revisions as requested. Committee action: Motion by Jensen, seconded by Burri to approve with conditions recommended by staff, carried. Owner: Peri Schiltgen Location: SW 1 /4 - NWl /4, Section 17, Town of Troy, 1 lot totaling 5 acres, original parcel 40 acres. Staff Recommendation: Conditional approval: 1) Covenants and easement must be recorded and the recording information place on the map. Committee action: Motion by Zoerb, seconded by Jensen to approve with condition recommended by staff, carried. 9. Owner: David Goodman Location: NE 1 /4- NE 1 /4, Section 21, Town of Somerset, 4 lots totaling 20.515 acres, original parcel 20.515 acres. Staff Recommendation: Conditional approval: 1) Minor map revisions as requested. Committee action: Motion by Jensen, seconded by Luckey to approve with condition recommended by staff, and to add the following condition: 2) The joint access serving Lots 3 and 4 must be constructed to County standards to the point where it divides for the separate lots. Motion carried. 10. Owner: BD & T Partnership Location: SW 1 /4-NE 1 /4 and NE 1 /4- NE 1 /4, Section 13, Town of Rush River, 1 lot totaling 7.621 acres, original parcel 157.5 acres Staff Recommendation: Approval Committee action: Motion by Jensen, seconded by Anderson to approve, carried. 11. Owner: Kurtis and Elizabeth Christensen Location: NE 1 /4-SE 1 /4 and SE 1 /4- SE 1 /4, Section 33, Town of Emerald, 2 lots totaling 12.6 acres, original parcel 48 acres Staff Recommendation: Conditional approval: 1) Floodplain information must be placed on the map with a note regarding the low building opening elevation; 2) Floodplain determination to be approved by the DNR. Committee action: Motion by Zoerb, seconded by Luckey to approve with conditions recommended by staff, carried. 12. Owner: Robert Krueger Location: NE 1 /4-SE ' /4, Section 6, Town of Cylon, 1 lot totaling 23.33 acres, original parcel 66.9 acres Staff Recommendation: Conditional approval: 1) Minor map revisions as requested. Committee action: Motion by Burn, seconded by Jensen to approve with condition recommended by staff, carried. 13. Owner: Glen Basel Location: SW /4 -SW 1 /4, Section 19, Town of Richmond, 1 lot totaling 2.22 acres, original parcel 256.53 acres Staff Recommendation: Conditional approval: 1) Minor map revisions as requested. Committee action: Motion by Luckey, seconded by Zoerb to approve with condition recommended by staff and to add the following condition: 2) General Zoning Statement to be placed on the map. Motion carried. 14. Owner: Fred Lenertz Location: NW /4 -SW 1 /4, Section 25, Town of Warren, 4 lots totaling 8.56 acres, original parcel 110 acres Staff Recommendation: Conditional approval: 1) Minor map revisions as requested. Committee action: Motion by Jensen, seconded by Zoerb to approve with condition recommended by staff and to add the following condition: 2) The joint access serving Lots 1 and 2 and joint access serving Lots 3 and 4 must be constructed to County standards to the point where it divides for the separate lots.Motion carried. 15. Owner: Marvin Radke Location: SE /4 -SW 1 /4, Section 18, Town of Somerset, 4 lots totaling 36.5 acres, original parcel 36.5 acres Staff Recommendation: Conditional approval: 1) Minor map revisions as requested. Committee action: Motion by Anderson, seconded by Jensen to approve with condition recommended by staff, and to have the spelling of the word "contiguous" corrected on Lot 3. Motion carried. 16. Owner: Leif Erickson Location: SW /4 -NW 1 /4, Section 21, Town of Kinnickinnic, 1 lot and 1 outlot totaling 10.0 acres, original parcel 53 acres Staff Recommendation: Conditional approval: 1) Staff to verify that the existing plumbing is removed from the uninhabited structure and an affidavit provided stating that the use may not be fore human habitation; 2) The Ordinary High Water Mark (OHWM) must be verified by staff and placed on the map. The 75 -foot setback shall also be included; 3) Minor map revisions as requested. Committee action: Motion by Jensen, seconded by Luckey to approve with conditions recommended by staff and to add the following condition: 4) The following note to be placed on the map: "Any future construction activities on this parcel may require a floodplain analysis prior to commencement." Motion carried. 17. Owner: Chris Gartmann Location: SW /4 -SE 1 /4, Section 12, Town of Baldwin, 1 lot totaling 20.12 acres, original parcel 80 acres Staff Recommendation: Conditional approval: 1) Lot 1 of CSM Vol. 16 pg.4440 shall be indicated on the map. Committee action: Motion by Jensen, seconded by Luckey to approve with condition recommended by staff, carried. 10 ATTACHMENT B MAJOR SUBDIVISIONS January 28, 2003 1. Prairie Pond Breaks — Preliminary Committee Action: Motion by Luckey, seconded by Burn to table, carried. Refer to page 2. 2. Crick Bottom Overlook — Final Owner: Pat Collova, PC Collova Builders, Inc. Location: Section 18, Town of Hammond, 32 lots totaling 69.96 acres. Staff Recommendation: Approval Committee Action: Motion by Zoerb, seconded by Jensen to approve, carried. 11