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HomeMy WebLinkAboutPlanning & Zoning 03-27-01AMENDED 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, March 27, 2001 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 1. Major Subdivisions - Finals Sunny Hill — Town of Hammond Preliminary Moonbeam Ridge 1 St Addition — Town of Hudson The Woods at White Eagle — Town of St. Joseph 2. Zoning Business a. Bills, Invoices and Revenue Report b. Violations & Citations C. Scheduling of Rezoning Requests d. Rezoning Decisions e. Release of Escrow Account for the Town of Eau Galle f. Municipal Plats g. Ordinance Discussion 1) *Canceled Discussion on change to Section 17.18(1)(a) Commercial District and 17.19(1)(a) Industrial District of the St. Croix County Zoning Ordinance 2) Discussion of Town Withdrawal from County Zoning 3) *Modifications to Tower Ordinance 4) Ordinance draft timelines g. Any other business 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: March 19, 2001 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 March 27, 2001 Present: Supervisors Ron Raymond, Linda Luckey, Art Jensen, Buck Malick and Gerald Larson were present. Staff. Steve Fisher, Mary Jenkins, Debbie Zimmermann, Greg Timmerman, Fran Bleskacek. Others: Ed Flanum, Ron Johnson, Doug Zahl�r, Dan Schaaf, Larry Murphy. Chair Raymond called the meeting to order at 9:00 a.m. It was noted that there are no rezonings to schedule, no rezoning decisions and no municipal plats to view. Malick moved, seconded by Jensen and carried, to adopt the agenda with the changes noted. Minutes/ Meeting Dates: Raymond said the next meeting is April 10, 2001. The Committee has requested that the April 24` meeting be kept light, as they will be attending a seminar in River Falls that afternoon. Minor Subdivisions: See Attachment A Major Subdivisions: See Attachment B The Committee recessed from 9:55 a.m. to 10:10 a.m. Bills, Invoices and Revenue Report: A motion to approve zoning bills in the amount of $4,989.29 and revenue of $61,796.60 for the month of February was made by Malick, seconded by Luckey and carried. A motion was made by Raymond, seconded by Larson and carried to approve the request to exceed the standard hotel rate for a conference to be attended by Kevin Grabau. Violations and Citations: The Committee reviewed the status report of violations and citations. They requested that zoning follow up on a matter near the Sampair property in Somerset. Town of Eau Galle Escrow Account: Motion by Jensen, second by Malick and carried to approve the release of escrow money in the amount of $1,470 for the Town of Eau Galle. The money will be used for assisting in the cost of the construction of dug outs and field work in the Village of Woodville Park. Rezoning Issues: A discussion was held on the State Statute 91.77 and how it affects the towns, villages and cities when rezonings are being considered. It is important that this is closely looked at when making decisions. It may be necessary to keep area schools, fire departments, and highway authorities informed of large rezoning requests. Ordinance Discussion: Town Withdrawal from County Zoning: Fisher showed the Committee a Town of Warren letter requesting release from County Zoning before the re -write of the new ordinance is completed. Greg Timmerman, Corporation Counsel, joined the group and said that he has done research on this and there are no clear- cut answers. A recent Court of Appeals case held that a town could get out of county zoning, even though the Attorney General has stated the opposite. It is Timmerman's opinion that towns may opt out of county zoning. He suggests the opt out should be conditioned on the town having an ordinance compatible with the county plan and the county ordinance. The ordinance must be approved a town meeting or by a referendum, and by the County Board. Timmerman further stated that, in his opinion, a Town Board may opt back into the County Zoning Ordinance at anytime after they have opted out. A discussion was held on the timing of the new ordinance. According to state statutes, towns have up to one year to adopt the new ordinance, but the County Board has the option of setting a deadline. If they do not adopt within that timeline, they would not have any zoning in that township. The Committee thinks that towns should be allowed the option to get out of county zoning if they meet all of the requirements, but it is important for the towns to understand what all is involved in getting out of county zoning, as it is quite complicated. Timmerman suggested that a procedure be put in place for towns wanting to get out of county zoning, and this should be put into a Resolution form for County Board approval. Timmerman further stated that if a town opts out of county zoning, they need to have a comprehensive ordinance that would include all areas of zoning. There should be a total cutoff from county zoning. Discussion held on allowing only certain areas to be under town zoning. Timmerman and Fisher both expressed concerns with this, as would be confusing to the public, and would be almost impossible to keep track of two sets of rules. It was agreed that if a town opts out of county zoning, it would be best to have them totally out, with the exception of Shoreland, wetland, septics, subdivisions, and gravel pits, as these fall under county zoning for everyone. If a town opts out of county zoning, they would also be responsible for enforcement. Fisher and Timmerman will work together on coming up with criteria that the towns would need to follow to get out of county zoning. This would be put into a Resolution form to be presented to County Board. These criteria need to include state statute requirements, a complete ordinance and a Smart Growth Plan, as well as any other procedural concepts that are deemed necessary Section 17.18(1)(a) Commercial District and 17.19(1)(a) Industrial Districts: This discussion canceled for today. Will put on a future agenda. Fisher has not heard anything from the Towns on this issues. Tower Ordinance: Malick updated the Committee on the model ordinance written by the St. Croix Valley Work Group. The biggest change to the current ordinance would be that within two miles of the St. Croix River, only "stealth" towers would be allowed, but they could be granted by an administrative permit without the hearing and other formalities of a Conditional Use Permit granted by the Board of Adjustment. Discussion held on having "stealth" towers county wide. Malick will report at the next meeting with specific proposals. There is some urgency to keep pace with neighboring governments so that this County does not end up with the disadvantages and no benefits. There will be a St. Croix Watershed Expo on the afternoon of May 5 " at UWRF, including a presentation about the sewer and water challenges for communities along the I -94 corridor. Malick will see that town officials are invited to this meeting as jointly sponsored by this Committee and the Minnesota- Wisconsin Boundary Area Commission. Any other business: The developer of the Birch Park Ski Area in St. Joseph would like to update the Committee. The Committee set Wednesday evening, April 18 "' at 7:00 p.m. for a meeting on this subject and other topics, so the meeting on April 24 "' will only have major and minor subdivisions. Motion by Larson, second by Raymond and carried to adjourn at 11:55 a.m. C. W. Malick, Secretary V - krJ' ff %J1 % De PE 3 ATTACHMENT A MINOR SUBDIVISIONS March 27, 2001 1, Owner: Louis Germain Location: SW ' / -SW '/4, Section 24, T31N -R19W, Town of Somerset, 1 lot totaling 3.0 acres, original parcel 105 acres. Staff Recommendation: Approval Committee action: Motion by Malick, second by Larson to approve. Motion carried. 2. Owner: White Eagle Golf Course, LLC Location: Pt. of OL 3, NW' /4 -NW 1 /4, Section 31, T30N -T1 9W, Town of St. Joseph, 1 lot totaling 3.092 acres, original parcel, 23.97 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Luckey to approve. Motion carried. 3. Owner: Gregory and Gail Geissinger Location: SW 1 /4 -NE 1 /4, Section 13, T28N -R18W, Town of Kinnickinnic, 4 lots totaling 35.54 acres, original parcel, 35.54 acres. Staff Recommendation: Conditional Approval: 1) An erosion control plan must be submitted and approved for Lot 2, 3 & 4 prior to construction on the lots; 2) The joint access serving Lot 3 and 4 must be constructed to County standards to the point where it divides for the separate lots. Committee Action: Motion by Larson, second by Malick to approve with conditions recommended by staff. Motion carried. 4. Owner: White Eagle Golf Course, LLC Location: NW 1 /4 -NW 1 /4, Section 31, T30N -R19W, Town of St. Joseph, 1 lot totaling 3.645 acres, original parcel, 106.28 acres Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Jensen to approve. Motion carried. 5. Owner: Ron Derrick Location: SW 1 /4- NW 1 /4, Section 20, T30N -R18W, Town of Richmond, 4 lots totaling 35.0 acres, original parcel, 35.0 acres. Staff Recommendation: Conditional approval: 1) An erosion control plan must be submitted for Lot 1 prior to construction on the lot. Committee Action: Motion by Malick, second by Raymond to approve with condition recommended by staff. Motion carried. 6. Owner: Thomas and Judy Wink Location: NW 1 /4 -NW 1 /4, Section 34, T30N -R16W, Town of Emerald, 1 lot totaling 2.338 acres, original parcel, 198.6 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Larson to approve. Motion carried. 7. Owner: Jon Trinko Location: NE 1 /4 -NW 1 /4, Section 16, T28N -R16W, Town of Eau Galle, 1 lot totaling 2.688 acres, original parcel, 70 acres. Staff Recommendation: Approval Committee Action: Motion by Luckey, second by Jensen to approve. Motion carried. 4 8. Owner: Steven Germain Location: SW' /4- SW' /4, Section 31, T29N -R1 8W, Town of Warren and the NW' /4 -NW '/4, Section 6, T28N -R18W, Town of Kinnickinnic, 3 lots totaling 20.597acres, original parcel 20.597 acres. Staff Recommendation: Conditional approval: 1) The joint access serving Lot 10 and 12 must be constructed to County standards to the point where it divides for the separate lots. Committee action: Motion by Malick, second by Jensen to approve with conditions recommended by staff. Motion carried. 9. Owner: Randall Cudd and Robert Kolashinski Location: NE' /4 -NW' /4 & SE' /4- NW' /4, Section 29, T28N -T18W, Town of Kinnickinnic, 4 lots totaling 33.913 acres, original parcel, 33.913 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Larson to approve. Motion carried. 10. Owner: Todd and Jodi Mishler Location: NE' /4- NE' /4, Section 9, T30N -R17W, Town of Erin Prairie, 2 lots totaling 11.82 acres, original parcel, 11.82 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Malick to approve. Motion carried. 11. Owner: Dean and Glenda Hansen Location: NW/4-NE 1 /4, Section 2, T28N -RI 8W, Town of Kinnickinnic, 1 lot totaling 14.041 acres, original parcel 260 acres. Staff Recommendation: Approval Committee action: Motion by Larson, second by Jensen to approve. Motion carried. 12. Owner: Richard and Ann Fagnan Location: NW 1 /4- NE '/4, Section 28, T30N -T18W, Town of Richmond, 2 lots totaling 9.15 acres, original parcel, 91.5 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Malick to approve. Motion carried. 13. Owner: New Richmond Farmers Union Group Location: NW 1 /4 -NE 1 /4, Section 30, T31N -R17W, Town of Stanton, 2 lots totaling 12.36 acres, original parcel, 12.36 acres. Staff Recommendation: Approval Committee Action: Motion by Larson, second by Malick to approve. Motion carried. 14. Owner: Anderson Excavating Location: NW 1 /4 -SE 1 /4, Section 6, T28N -R16W, Town of Eau Galle, 1 lot totaling 9.99 acres, original parcel, 10.00 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Luckey to approve with the following condition: Special Exception Use permit, granted in 1991 by the Board of Adjustment, be returned to the Board to review and if necessary, redefine the boundaries of the permit. This will not delay final approval of the certified survey map. Motion carried. ATTACHMENT B MAJOR SUBDIVISIONS March 27, 2001 1. Sunny Hill - Final Owner: Heinbuch Trust Location: Section 31, Town of Hammond, 6 lots totaling 41.23 acres Staff Recommendation: Conditional approval: 1) The joint access serving Lot 2 and Lot 3 must be constructed to County standards to the point where it divides for the separate lots. Committee Action: Motion by Malick, second by Larson to approve with condition recommended by staff. Motion carried. 2: Moonbeam Ridge, First Addition — Preliminary Owner: P.C. Collova Builders, Inc. Location: Section 12, Town of Hudson, 8 lots totaling 22.070 acres. Staff Recommendation: Conditional Approval: 1) Financial guarantees equal to 120% of the construction bid are required for erosion control and road construction. A written estimate must accompany the bids; 2) No construction, including earth moving, shall take place prior to approval of the financial guarantees; a construction waiver may not be approved for the next phase of the plat until guarantees are approved; 3) The County Highway Department and the Land and Water Conservation Department must be notified 3 days prior to construction beginning. Committee Action: Motion by Malick, second by Jensen to approve with conditions recommended by staff. Motion carried. 3. The Woods at White Eagle - Preliminary Owner: Dan Schaaf, et al Location: Section 31, Town of St. Joseph, 8 lots totaling 27.782 acres Staff Recommendation: Conditional approval: 1) Financial guarantees equal to 120% of the construction bid are required for erosion control and road construction. A written estimate must accompany the bids; 2) No construction, including earth moving, shall take place prior to approval of the financial guarantees; a construction waiver may not be approved for the next phase of the plat until guarantees are approved; 3) The County Highway Department and the Land and Water Conservation Department must be notified 3 days prior to construction beginning; 4) Committee approved the subdivision to be renamed to "The Sanctuary ". Zoning to make sure name is changed in all appropriate areas. Committee Action: Motion by Raymond, second by Malick to approve with conditions recommended by staff and the name change. Motion carried.