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HomeMy WebLinkAboutPlanning & Zoning 02-26-02AMENDED AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Tuesday, February 26, 2002 TIME: 9:00 a.m. LOCATION: St. Croix County Government Center 1101 Carmichael Road, Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: Hearings : Minor Subdivisions Major Subdivisions - Final Pine Lake - Town of Hammond Prairie Run — Town of Hammond Shadow Pines, V Addn. — Town of Somerset Preliminary Emerald Acres — Town of Hammond Pheasant Run, V Addn. — Town of Hudson Roy ridge Estates — Town of Somerset Briefing on subdivision seminar Zoning Business 1. Bills, Invoices and Revenue Report 2. Violations and Citations 3. Municipal Plats 4. Rezoning scheduling 5. Pending rezoning decisions 6. Update on septic contract position 7. Discussion of 20% slopes in subdivisions 8. Tower Ordinance Discussion 9. Discussion of decision on Lower St. Croix Riverway court case 10. Dates for training for Deputy Zoning Administrators 11. St. Croix Regional Sewer District Update 12. * Personnel Study Planning Business 1. Waiver to exceed standard hotel room rate. 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: February 21, 2002 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board *CANCELLATIONS/ CHANGES /ADDITIONS MINUTES PLANNING, ZONING AND PARKS COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI February 26, 2002 Present: Supervisors Ron Raymond, Linda Luckey, Art Jensen, C.W. "Buck" Malick and Gerald Larson. Staff. Steve Fisher, Mary Jenkins, Deb Zimmermann, Greg Timmerman, Dave Fodroczi, Joe Grant, Pete Kling and Kay Walsh Others: Doug Zahler, Ed Flanum, Roger Humphrey Chairman Raymond called the meeting to order at 9:05 a.m. Malick moved, seconded by Jensen and carried, to adopt the agenda with the removal of item 3, municipal plats. Date of next meeting: The next meeting is tomorrow evening at the Ag Center in Baldwin for a rezoning hearing. Approval of minutes: Malick moved to approve minutes of February 19, 2002. Seconded by Jensen and carried. Minor Subdivisions: See attachment A: 12 lots approved, 3 tabled, 3 denied Major Subdivisions: See attachment B: 52 lots given final approval, 21 preliminary Fisher told the committee that about 80 people attended the Subdivision seminar and staff received very positive feedback from those in attendance. Many said that they would like to see more of these seminars in the future. Zoning Business Bills, Invoices and Revenue Report: Motion by Malick second by Luckey and carried to approve January 2002 bills of $6,838.51 and to note revenue of $35,901.60. Violations and Citations: The Committee reviewed the report. The staff continues to work on new violations, but there is limited time, as Jon is still helping with septic permits. Staff will attempt to keep the Committee informed of these and future violations reported by the towns and by neighbors. Rezoning Scheduling: A hearing date of March 27 was set for the Glen Mohn property located in Pleasant Valley. The hearing will be held at the Agricultural Center in Baldwin at 7:00 p.m. Contract Position: Fisher told the committee that the closing date for the contract position is March 8 So far, no applications have come in, but Fisher has received several phone calls. Fisher will inform the committee of applications at the meeting on March 12 Tower Ordinance Discussion - Update: Malick stated that he attended a cell tower meeting in Afton, Minnesota. They are working on a new ordinance much more restrictive than ours. He was informed that Marine on St. Croix will be passing a new tower ordinance in the near future. There has been a lot of interest in the VoiceStream case, and how it will turn out. Fisher told the committee that we have a new attorney on the case from the Boardman Law Firm in Madison, and Fisher is confident that he will do a good job for us. Training for Deputy Zoning Administrators: The zoning staff is interested in holding a training workshop for the Deputy Zoning Administrators this spring. The tentative date is April 20 Fisher has spoken with Alicia Acken, Land Use Educator with the University of Wisconsin -River Falls. She will help organize the training. Staff will contact the Towns and Deputy Z.A's with the date for the workshop. The Committee told Fisher that they believe this is important and support the zoning office in this effort. 20% Slope Discussion Fisher has not prepared any official policy yet, but is working on it. . Malick reminded Fisher that the Committee would like to see the following ideas used in putting together policy: 1) minimize the disturbance; 2) provide offsetting mitigation for the disturbance; and 3) Allow multiple use of erosion control structures. Fisher will work on this and bring to the Committee for review. Lower St. Croix Riverway Court Case: Timmerman updated the Committee on the Lower St. Croix Riverway zoning court case, in which the court ruled for the DNR and against the County. He has filed a Motion to Reconsider, and has not heard anything from the Judge yet. The Judge has 90 days to respond. Malick said that this Committee was not originally asked whether it recommended the ordinance change and that he much prefers one uniform set of zoning rules for the County's whole St. Croix River border, the way it used to be, rather than one set below the Stillwater line and another above. Timmerman explained to the Committee that in his opinion, not having the ordinance apply above the Stillwater line does not harm the Riverway because, he claimed, without opportunity to research the fact, that 90% of the federal zone is owned by the state, and any private property has scenic easements. Timmerman went on to say that he thinks there are two irreconcilable sets of rules in the county and federal districts, and thinks that the federal rules only should apply. He said that it is important that the Committee know his rationale, and that this Committee should be the one which recommends zoning ordinances. Malick indicated that he thinks there are at least three different forms of easements held by the Park Service in the federal zone and he has no confidence that they provide the same protection as the ordinance did. Motion by Malick, second by Jensen and carried that the Committee prefers a single set of zoning regulations in both the federal and state zones, but the decision whether or not to appeal should be left to Corporation Counsel, who should determine 1) whether he thinks he will prevail and 2) if he has the time and resources for an appeal. Recessed for lunch from 11:50 a.m. to 1:10 p.m. Planning Business: Fodroczi asked the Committee to authorize two hotel rates that exceed the County limit. These rooms are for Fodroczi, Budrow and Denzer to attend a planning conference in Chicago. Motion by Malick, second by Larson and carried to authorize the rooms. Personnel Study: The Committee reviewed the personnel study information handed out to them by the Staff. Suggested changes and additions were given. These will be implemented by Staff and forwarded to administration. The job descriptions are to be updated later. St. Croix Regional Sewer District Update: A discussion was held by the Committee on the Roberts /Hammond sewer project. This proposed plant would be the largest in the area. A public hearing will be held on March 19 on the proposed facility. The DNR would hold a separate hearing dealing with environmental issues. Fodroczi would like to look at the site study and have Corporation Counsel review it, as well, to find out what jurisdiction the County has over this. He thinks it is important to also have Land and Water review. This topic will be placed on the March 12 agenda for further discussion. Adjournment: Moved by Larson, second by Jensen and carried to adjourn at 3:30 p.m. C C. . Malick, Secretary A R ecorded -� - ATTACHMENT A MINOR SUBDIVISIONS February 26, 2002 18 lots reviewed Owner: Steve Constant Location: NW ' / 4 -NE ' / 4 & SW ' / 4 - NE 1 /4, Section 10, T31N -R19W, Town of Star Prairie, 1 lot totaling 5.00 acres, original parcel 60 acres. Staff Recommendation: Conditional approval: 1) The access easement must be recorded with the Register of Deeds and the recording information placed on the map; 2) Minor map revisions. Committee action: Motion by Malick, seconded by Larson to approve with conditions recommended by staff, carried. 2. Owner: David Waldroff Location: NW ' / 4 -NW ' / 4 Section 26, T30N -R16W, Town of Emerald, 1 lot totaling 6.407 acres, original parcel 243 acres Staff Recommendation: Conditional approval: 1) An erosion control plan must be submitted prior to construction on the lot. Committee action: Motion by Malick, seconded by Jensen to approve with condition recommended by staff, carried. Owner: Herman and Betty Zuettel Location: SW ' / 4 - NW ' / 4 Section 26, T28N -R17W, Town of Rush River. 1 lot totaling 6.792 acres, original parcel 6.792 acres. Staff Recommendation: Conditional approval: 1) Verification of the Floodplain Study must be received from the DNR; 2) An erosion control plan must be submitted prior to construction on the lot. Committee action: Motion by Malick, seconded by Jensen, to approve with conditions recommended by staff, carried. Owner: Terri DeJong Location: SW ' / 4 - SE ' / 4 & SE ' / 4 - SW ' / 4, Section 32, T30N -R16W, Town of Emerald. 3 lots totaling 37.47 acres, original parce37.47 acres. Staff Recommendation: Conditional approval. Committee action: Motion by Malick, seconded by Raymond and carried to table the request for the following reasons: 1) Staff is to verify that the guy wire anchors on the existing tower in the area meet the minimum setback provisions required by the ordinance; 2) Staff is to verify that the unorthodox road layout is unavoidable, although Section 18.16(D)(1) of the ordinance, may dictate that the unique circumstances of this site warrant approval. Owner: Wayne and Teresa Schilling Location: SE 1 14 - NE 1 /4 Section 15, T29N -R15W, Town of Springfield. 3 lots totaling 33.8 acres, original parcel 33.8 acres Staff Recommendation: Conditional approval Committee action: Motion by Malick, seconded by Luckey to deny, carried based on the reason that the proposed road layout does not promote orderly movement of traffic, is not designed in a simple and logical pattern, does not consider the needs of future population or development and represents poor land use planning. The committee believes the CSM is inconsistent with section 18.16 (D)(1) of the St. Croix County Land Use Regulations. 6. Owner: Richard Payfer Location: SE ' / 4 - NW '/4 Section 25, T28N -R18W, Town of Kinnickinnic. 2 lots totaling 19.273 acres, original parcel 19.273 acres. Staff Recommendation: Approval. Committee action: Motion by Larson, seconded by Jensen to approve, carried. Owner: Mark Simon Location: NE ' / 4 - NW ' / 4 & NW i / 4 - NE ' / 4, Section 36, T29N -R18W, Town of Warren. 1 lot totaling 28.061 acres, original parcel 75 acres. Staff Recommendation: Approval (minor map revisions completed yesterday) Committee action: Motion by Larson, seconded by Jensen to approve, carried. Owner: Donald Jensen Location: NW ' / 4 Section 24, T28N -R19W, Town of Troy, 2 lots totaling 13.853 acres, original parcel 115.8 acres. Staff Recommendation: Conditional approval: 1) The joint access serving Lot 1 & Lot 2 must be constructed to county standards to the point where it divides for the separate lots. Committee action: Motion by Malick, seconded by Luckey to approve, carried. Supervisor Larson recused himself due to conflict of interest. Supervisor Jensen is no relative. 9. Owner: Mitch and Becky Bloom Location: SW ' / 4 -SE' /4 Section 20, T29N -R15W, Town of Springfield, 2 lots totaling 6.29 acres, original parcel 74.6 acres. Staff Recommendation: Conditional approval: 1) The access easement for Lot 1 and the access easement for Lot 2 must be recorded with the Register of Deeds and the recording information placed on the map. Committee action: Motion by Malick, seconded by Jensen to approve, carried with one additional condition: 2) To encourage logical development, before recording, applicants are to provide the Zoning Department with a rough sketch of future road layout for land directly east of the proposed CSM. Further subdivision of the road may require upgrade of the access. It was noted that Luckey voted in opposition. 10. Owner: Leland Langness Location: NE 1 /4 - NE' /4 Section 24, T30N -R18W, Town of Richmond. 1 lot totaling 4.154 acres, original parcel 160 acres. Staff Recommendation: Approval Committee action: Motion by Raymond, seconded by Jensen to approve, carried. 11. Owner: Wayne and Torleta Yoder Location: NE 1 /4 - SE 1 /4 Section 10, T30N -R15W, Town of Glenwood. 1 lot totaling 8.00 acres, original parcel 186 acres. Staff Recommendation: Approval Committee action: Motion by Jensen, seconded by Malick to approve, carried. ATTACHMENT B MAJOR SUBDIVISIONS February 26, 2002 133 lots reviewed Pine Lake — Final Owners: Secluded Land Co., Inc. Location: Section 1, Town of Hammond, 5 lots totaling 11.97 acres. Staff Recommendation: Conditional approval; 1) Verification of the issuance of all applicable DNR permits must be provided; 2) Financial guarantees equal to 120% of construction estimates must be submitted for road construction and erosion control. Written estimates must accompany the guarantees; 3) No construction, including earth moving, shall take place prior to approval of the financial guarantees; 4) The Zoning Office, the County Highway Department and the Land and Water Conservation Department must be notified three days prior to the beginning of construction. Committee Action: Motion by Larson, second by Jensen to approve with conditions recommended by staff, carried. Prairie Run — Final Owners: Bill Hawkins Location: Section 17, Town of Hammond, 35 lots totaling 107.69 acres Staff Recommendation: Conditional approval: 1) Verification of the Floodplain Study must be received from the DNR; 2) Minor map revisions; 3) High water elevation to be shown on the map per LWCD (added as result of discussion) . Committee Action: Motion by Malick, second by Jensen to approve with conditions recommended by staff, carried. Shadow Pines First Addition — Final Owner: Richard & Janet Stout Location: Section 15 Town of Somerset, 12 lots totaling 37.88 acres Staff Recommendation: Approval. Committee Action: Motion by Malick, second by Larson to approve, carried. Emerald Acres — Preliminary Owner: Richard and Janet Stout Location: Section 30, Town of Hammond, 68 lots totaling 151.06 acres Staff Recommendation: Conditional approval. Committee Action: Motion by Malick, second by Raymond and carried to table because the Committee has great concern about polluted wells due to the proximity of this property, downstream of the groundwater flow, to the proposed location of the Hammond/Roberts Wastewater Plant in Section 24, Town of Warren. The Committee asked the developer /owner to determine the plans of the Central St. Croix Regional Wastewater Planning Commission for this area. Staff will contact the Commission, the DNR and the Town of Hammond to solicit their response. There was further concern regarding the future road connections shown to the north, east and south on the map. The Town must complete the Dedicated Roadway Easement Agreement, and proper notification of the adjacent owners must be documented. If these issues are resolved, the plat will be placed on the March 26` agenda. Pheasant Run First Addition — Preliminary Owners: Kernon Bast and Donalda Speer Bast Location: Section 22, Town of Hudson, 13 lots totaling 35.74 acres. Staff Recommendation: Conditional approval; 1) Financial guarantees equal to 120% of construction estimates must be submitted for road construction and erosion control. Written estimates must accompany the guarantees; 2) No construction, including earth moving, shall take place prior to approval of the financial guarantees, a construction waiver may be granted provided the guarantees are approved; 3) The Zoning Office, the County Highway Department and the Land and Water Conservation Department must be notified three days prior to the beginning of construction. Committee Action: Motion by Malick, second by Larson to approve with conditions recommended by staff, carried. 6. Roy Ridge Estates — Preliminary Owners: James Henry and Allen Nyhagen Location: Section 9, Town of Somerset, 8 lots totaling 28.923 acres. Staff Recommendation: Conditional approval; 1) Financial guarantees equal to 120% of construction estimates must be submitted for road construction and erosion control. Written estimates must accompany the guarantees; 2) No construction, including earth moving, shall take place prior to approval of the financial guarantees, a construction waiver may be granted provided the guarantees are approved; 3) The Zoning Office, the County Highway Department and the Land and Water Conservation Department must be notified three days prior to the beginning of construction. Committee Action: Motion by Malick, second by Larson to approve with conditions recommended by staff, carried.