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HomeMy WebLinkAboutPlanning & Zoning 01-22-02AMENDED 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, January 22, 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 English Estates — Town of Troy Nathan Hills, lst Addition — Town of Somerset Trebus Valley — Town of Troy Birch Park and The Ridge at Birch Park — Town of St. Joseph* Preliminary None Zoning Business 1. Bills, Invoices and Revenue Report 2. Violations and Citations 3. Municipal Plats 4. Rezoning scheduling 5. Pending rezoning decisions 6. Town of St. Joseph and Town of Troy outstanding issues 7. 2001/2002 Budgets and septic contract position 8. Discussion of 20% slopes in subdivisions 9. Tower Ordinance Discussion 10. Subdivision fee schedule 11. Administrative personnel study 12. Discussion of decision on Lower St. Croix Riverway court case* 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 15, 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 January 22, 2002 Present: Supervisors Ron Raymond, Linda Luckey, Art Jensen, and C.W. "Buck" Malick. Gerald Larson, excused. Staff: Steve Fisher, Mary Jenkins, Judy Olson Others: Doug Zahler, Sue Pederson, Jim Waters, Ed Flanum, Roger Behrens, Peter Beck Chairman Raymond called the meeting to order at 9:10 a.m. Malick moved, seconded by Jensen and carried, to adopt the agenda. Rezoning Hearings: Hearing for rezoning the Lentz property in St. Joseph Township will be held on February 20 at the Government Center in Hudson. Hearings for rezoning the Afdahl property and the Crowley property, both in Rush River Township, will be held on February 27 at the Ag Center in Baldwin. Date of next meeting: A meeting with the Committee on the Administrative Personnel Study being done countywide by the Springsted firm is scheduled for February 13 at 1 p.m. Department head personnel appraisals will be scheduled for January 29 (alternate date February 6) at 9 a.m. One department head at a time is to meet with the committee. Employees will be notified and scheduled. Approval of minutes: Jensen moved to approve minutes of November 13, November 14, November 27 and December 11, 2001, and January 18, 2002. Seconded by Malick and carried. Minor Subdivisions: See attachment A: 16 lots The Harvey and Suzanna Hielkema property was approved with a condition on October 24, 2001. The Committee agreed that the Town has met the intention of the rezoning, the owners have complied, and no further action is required. Major Subdivisions: See attachment B: 92 lots Tower Ordinance Discussion - Update: Malick stated that the outcome of the present cell tower lawsuit may provide useful guidance for the proposed draft ordinance. Malick suggested waiting On January 24 the Board of Adjustments will hold a closed session for the attorney who represents the county, selected by the County's insurer, to give an update. No depositions have been planned. Fisher has provided some documents. . He said that Pierce County tightened its ordinance. Stillwater Township tightened its ordinance after losing a suit on procedural grounds. The Minnesota governments of Afton, Chisago County, and Marine on St. Croix, now have moratoriums while they work on revisions. It may be worthwhile to study their drafts. Roger Behrens, representing Sprint PCS, spoke to the committee about his objections to the proposed ordinance revision 1) the height restriction of 200 feet and 2) the requirement of stealth towers two miles from the St. Croix River. He said that technological requirements are that the common types of towers must "see" to send their signals from antennas to phones, above the trees. Behrends requested flexibility from the height restriction when needed and that applicants be allowed to demonstrate to reasonable satisfaction of the permitting authority that a tower must be higher than 200 feet in order to avoid multiplying towers. He asked that the same flexibility be allowed regarding stealth towers in the two -mile band along the river. Because of cost, towers would not be built any higher than necessary, he claimed. In response to a question, he denied that tower builders are trying to establish their own sites rather than co- locate. At Raymond's request, Behrends will send a letter outlining his recommendations. Malick noted that the present case with APT's application for a single site in the Town of Somerset will test the adequacy of the flexible language in the existing ordinance. The Board of Adjustments felt that the company did not justify the location. Fisher stated that careful siting and design is most important within the view of the St. Croix River to protect values and the tourism industry. Malick stated that the county -wide 200 -foot maximum height was chosen for two primary reasons: to avoid the blinking lights, which are required by the Federal Aviation Administration on structures over 200 feet, and the danger to migrating birds in the Riverway corridor. Forty percent of the Midwest's migratory birds are claimed to pass the vicinity of Prescott. Some follow the Mississippi. The rest follow the St. Croix. Peter Beck, representing AT &T Wireless Services, spoke of his problems with the 200 -foot height limit and the ban on non - stealth towers in the Riverway. He indicated that he was not impressed by the provision of the draft allowing stealth towers to be actually in the Riverway district where they are now prohibited. For cost reasons, his systems are built to serve as many users as possible so there is the need for higher towers, especially in rural areas where population is less dense. When questioned about building more, lower towers versus fewer, higher towers in rural areas, Beck said that the cost would not be justified. Towers over 200 feet can be self - supporting without the use of guy wires, which can be problems to birds. 300 -foot monopole towers are designed to support co- location, which is more cost effective. Beck asked for flexibility in tower height especially in rural, eastern areas of the County. He also stated that because of cost, towers would not be built any higher than necessary. The providers who deliver service to the public cannot build sites unless the projected usage can justify the cost. His issue is mainly in the eastern less - populated part of the County, where the proposed 200 -foot restriction makes his service prohibitively expensive. His main objection to building stealth towers is also the cost. Beck recommended building towers that can distribute signals to a wide area as well as accommodate multiple users. Beck noted that the City of Afton is presently not allowing any towers because of a moratorium. It is proposing restrictions which he considers prohibitive and will probably be challenged. He did not know if a tower in Wisconsin was being considered to serve the Afton market. Raymond pointed out that the existing ordinance had given five years to service providers to build their taller towers and the Interstate corridor seemed pretty well covered. 20% Slope Discussion Fisher distributed a summary of pertinent parts of the ordinance. He said that the present process works well. Luckey distributed a handout containing all references in the ordinance to 20% slopes. She pointed out that the ordinance prohibits construction on such slopes without a special exception or variance. She further highlighted that the ordinance requires that each lot have at least one single contiguous buildable area capable of accommodating the entire septic system, the building, and the driveway connection to the road. This single contiguous area must be free of wetlands, floodplains, ponds, lakes, drainageways, road rights -of -way, easements, slopes of 20% or greater, and other sensitive areas Malick suggested three ideas which would not require changing or ignoring the ordinance: 1) Minimize areas where 20% slopes are impacted; 2) Mitigate by compensation; 3) Allow multiple use of erosion control structures. These three points could be added to the Technical Review Committee checklist. Luckey pointed out that when the ordinance was new, driveways were not allowed on these slopes, and the special exception process was followed. Fisher stated that people will be charged an additional $400 special exception application fee with more Board of Adjustment hearings, yet the end results could be the same. Raymond stated that the ordinance was written before there was a Technical Review Committee. This Committee should be cognizant of the rigor and creativity that the Technical Review Committee causes and determine how this system can be tailored to fit today's circumstances. Raymond stated that the next step will be for the staff to clarify how the Technical Review Committee applies the ordinance and what is done to mitigate concerns and to demonstrate to this Committee what is done to meet the intent of the ordinance. Fisher also suggested changing the conditions for release of the escrow money /performance bonds. At the initial installation, checks are made to make sure construction is done according to plans. Staff is considering extending the time to better assure ongoing compliance with erosion control plans. Zoning Business Bills, Invoices and Revenue Report: Motion by Malick second by Luckey and carried to approve December 2001 bills in the amount of $32,006.27 and take note of revenue in the amount of $14,372.95. Violations and Citations: The Committee skimmed the report. The staff does not have time to process new violations and fully update the report, but will attempt to keep the Committee informed of these and future violations reported by the towns and by neighbors. Municipal Plats: Boulder Ridge, northeast area, City of River Falls. One small section of the plat to the north has been annexed but not recorded. Motion by Malick, second by Jensen and carried to not object if the annexation is completed and recorded. No opinion is expressed about adequacy of sewer and water. Rezoning Scheduling: Raymond suggested that the Committee revisit the status of the Lentz rezoning application and get an update on the Town of St. Joseph's progress on a Conservation Design Ordinance. The Town will meet on February 7. The Lentz hearing on the revised proposal is to be scheduled for February 20. Lower St. Croix Riverway Court Case: Timmerman updated the committee on the Lower St. Croix Riverway zoning court case. The St. Croix County Circuit Judge ruled in favor of the State DNR, finding that the County could not repeal its riverway ordinance in the Federal zone, in the Town of Somerset. He is filing a Motion to Reconsider, explaining to the Court why the case should be decided differently. Timmerman advised the Committee that it may make a recommendation to the County Board as to whether the decision should be appealed or not. His recommendation to the Board is to appeal the decision if his motion to reconsider is not granted because he feels the Court did not understand his argument. The Committee will be ready to discuss the matter at the next zoning meeting and decide what to recommend to the County Board. Malick, Luckey and Raymond asked to read the supporting briefs that accompany his motion for reconsideration. He will furnish them. Referring to the tower ordinance, Timmerman stated that the attorney who represents the County under the WMIC insurance policy, will be meeting with the Board of Adjustments on January 24 to discuss the case and perhaps recommend that it reconsider its denial. From concern that the attorney has required an extraordinary amount of assistance, Malick recommended, and the Committee agreed, that Timmerman suggest to the Board of Adjustments that it consider authorizing Timmerman to ask WMIC to assign the tower denial case to an attorney who is experienced in this subject. Town of Troy and St. Joseph Outstanding Issues: Regarding Towns taking over road inspections, John Ruemmele said Troy Town attorney Gwen Kuchevar can give Timmerman a draft concept of the contract. The Town of St. Joseph has been asked to do the same. They do not want to include the erosion control part of it. They are satisfied with the program and inspections that are being done with Land and Water, etc. These will only pertain to doing their own inspections of the grade work, base and surface. 2001/2002 Budgets and Septic Contract Position: Fisher has developed a Request For Proposals for the septic inspection contract position, and has forwarded it to Corporation Counsel for review. Malick expressed his concern for handling conflicts of interest within the contract. Timmerman stated he could see a potential "conflict" problem if an agent of a developer were to inspect systems for that developer. Raymond stated that the contract person will not be the only inspector, but will work in addition to the present staff, since judgment can be used in assigning inspections. Fisher stated the proposed term of the contract would be until December 2002 when the budget ends, renewable at the County option. Malick stated he would like to see the contact for a full 12 -month period/or until the budgeted money is exhausted. Malick also suggested that the person work under the umbrella of a firm and carry professional liability insurance during the duration of the contact and for some time thereafter. Raymond stated that the RFP could require a short certification period where the firm promises to provide someone who meets all of the certification credentials by a specified timeframe. Malick will look at the RFP contract when it is finished to assure that the desires of the committee are met. Proposals should be received in early March. Subdivision Fee Schedule: No new report. The committee asked Fisher to work with the Highway Commissioner on a solution to the problem of the hourly fees charged for highway work. Administrative Personnel Study: Chuck Whiting reported that the County is trying to get some personnel issues resolved, determine workloads, and determine missions of departments. Each department will have a meeting on setting goals. A meeting with Planning, Zoning and Parks Departments is planned for January 29, which will include mission statements, department head personnel reviews, and personnel study. Adjournment: at 3:2 2 0 p.m. C. W. Malick, Secretary '�V� L�t'=2 RecoVded by JIAY Olson Moved by Jensen, second by Luckey and carried to adjourn. Meeting adjourned ATTACHMENT A MINOR SUBDIVISIONS January 22, 2002 16 Lots 1. Owner: Robert Schiefelbein, et al Location: SE 1 /4 -NE 1 /4 Section 9, T31N -R19W, Town of Somerset, 2 lots plus 2 outlots totaling 26 acres, original parcel 79.8 acres. Staff Recommendation: Approval Committee action: Motion by Jensen, seconded by Malick to approve, carried. Owner: Troy & Stacy Haigh Location: SE 1 /4 -NE 1 /a Sec. 5 & NW 1 /a -SW 1 /a Sec. 4, T30N -R19W, Town of Somerset, 1 lot totaling 9.902 acres, original parcel 9.902 acres Staff Recommendation: Conditional approval: 1) A financial guarantee must be submitted to guarantee construction of the access to county road slope standards; 2) The deed conveying the portion of the proposed Lot 1 in the southeast corner to Troy & Stacy Haigh must be recorded with the Register of Deeds and a copy of the recorded document furnished to the Zoning Office; 3) An erosion control plan must be submitted prior to construction on the lot. Committee action: Motion by Malick, seconded by Luckey to approve, carried with additional condition: 4) Navigability of the wetland to be determined and setback to be applied if navigable. 3. Owner: Fred Lenertz Location: NW 1/ - SW 1/ Section 8, T28N -R18W, Town of Kinnickinnic. 4 lots totaling 41.203 acres, original parcel 41.203 acres. Staff Recommendation: Approval. Committee action: Motion by Malick, seconded by Jensen, carried. 4. Owner: Guy Wilbur Location: NW 1 /a - SW 1 /a Section 19, T29N -R18W, Town of Warren. 2 lots totaling 25.00 acres, original parcel 67 acres. Staff Recommendation: Approval. Committee action: Motion by Jensen, seconded by Malick, carried. 5. Owner: Gene & Audrey Aune Location: NE 1 /a - NE 1/ Section 32, T29N -R17W, Town of Hammond. 1 lot totaling 2.05 acres, original parcel 80 acres Staff Recommendation: Approval. Committee action: Motion by Jensen, seconded by Malick to approve, carried. 6. Owner: Donald & Theresa Jackelen Location: SE 1/ - NE 1/ Section 33, T28N -R18W, Town of Kinnickinnic. 2 lots totaling 16.399 acres, original parcel 16.399 acres. Staff Recommendation: Approval. Committee action: Motion by Malick, seconded by Jensen to approve, carried. 7. Owner: Thomas & Nona Sullwold Location: SW 1 /4 - SE 1 /a Section 8, T29N -RI 8W, Town of Warren. 1 lot totaling 2.709 acres, original parcel 132 acres. Staff Recommendation: Approval. Committee action: Motion by Malick, seconded by Luckey to approve, carried. 8. Owner: Leon Ringstead, Villman Farms Location: NE 1 /a - NE 1 /a & NW 1/ - NE 1/ Section 16, T29N -R15W, Town of Springfield. 2 lots totaling 36.21 acres, original parcel 190 acres. Staff Recommendation: Conditional Approval. Conditions satisfied prior to meeting. Committee action: Motion by Malick, seconded by Jensen to approve, carried. 9. Owner: Bill Smith Location: NE 1/ - SW 1/ & NW 1 /a - SE 1/ Section 8, T28N -RI 8W, Town of Kinnickinnic. 1 lot totaling 24.32 acres, original parcel 38.13 acres. Staff Recommendation: Conditional approval. The condition was satisfied prior to the meeting. Committee action: Motion by Malick, seconded by Jensen to approve, carried. ATTACHMENT B MAJOR SUBDIVISIONS January 22, 2002 92 Lots 1. Birch Park & The Ridge at Birch Park — Final Owners: Eugene McPheters, Manual and Elizabeth Villafana Location: Section 25, Town of St. Joseph, 49 lots totaling 203 acres. Staff Recommendation: Conditional aproval; 1. Minor map revisions; 2. The roads within the plat are to be renamed as follows on the map: 24 Street, Birch Park Circle; 25"' Street, Birch Park Road; 136` Street, Birch Park Ridge. Committee Action: Motion by Malick, second by Jensen to approve with noted conditions, carried. English Estates — Final Owners: Donalda Speer -Bast & Kernon Bast Location: Section 17, Town of Troy, 9 lots plus 4 outlots totaling 27.31 acres Staff Recommendation: Approval. Previous condition of applicable DNR permits being obtained was satisfied prior to the meeting. Committee Action: Motion by Malick, second by Luckey to approve, carried. 3. Nathan Hill First Addition — Final Owner: Brian Boardman Location: Section 13, Town of Somerset, 10 lots totaling 35.90 acres Staff Recommendation: Approval. Previous condition of applicable DNR permits being obtained was satisfied prior to the meeting. Committee Action: Motion by Jensen, second by Malick to approve, carried. 4. Trebus Valley — Final Owner: Westbrook Development Location: Section 19, Town of Troy, 24 lots plus I outlot totaling 119.3 acres Staff Recommendation: Conditional approval. Need verification of town attorney and engineer that conditions have been met. Committee Action: Motion by Malick, second by Luckey to conditionally approve, carried.