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.