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HomeMy WebLinkAboutCommunity Development 02-16-12NOTICE OF MEETING AND AGENDA ST. CROIX COUNTY COMMUNITY DEVELOPMENT COMMITTEE February 16, 2012 — 6:00 P.M. Village of Baldwin — Community Center 400 Cedar Street, Baldwin, Wisconsin L CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES OF PREVIOUS MEETING: January 19, 2012 IV. BUSINESS ITEMS: 1. Financial report 2. Municipal plats 3. Schedule public hearings 4. Public Hearing — 6:30 p.m. a) Rezone — Jonelle Properties LLC — Town of Baldwin b) Rezone - Hendricks Investments LLC — Town of Troy 5. Resolution Authorizing the St. Croix County LWCD to Apply for a 2012 Lake Management Planning Grant 6. Wildlife Damage Claims - 2011 7. Recycling Ordinance 8. Housing & Cultural Resources Elements — Comprehensive Plan V. ANNOUNCEMENTS & CORRESPONDENCE VI. ADJOURN DATE OF NEXT MEETING: March 1, 2012 at 4:00 p.m., work session in Hudson REVIEWED AND APPROVED BY: Committee Chair and County Administrator DATE APPROVED: February 10, 2012 A quorum of the St. Croix County Board of Supervisors (County Board) may he present at this meeting. Therefore, this notice also serves as notice of'a meeting of'the County Boardfor the purpose of'ohtaining information relaxing to subjects listed above for use at future County Board Meetings. 211012012 PUBLIC HEARING NOTICE The St. Croix County Community Development Committee will be conducting a public hearing on February 16, 2012 at 6:30 p.m. at the Village offaldwin, Community Center, 400 Cedar Street, Baldwin, Wisconsin, to consider the following petition(s): REZONING 1. APPLICANT: Jonelle Properties LLC - John Mortel LOCATION: Part of the SE1 /4 of the NE1 /4, Section 17, T29N, R16W, Town of Baldwin ADDRESS: 994 230 St, Baldwin, WI REQUEST: To rezone approximately 19 acres from Agriculture to Ag- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. 2. APPLICANT: Hendricks Investments LLC — Ed Hendricks LOCATION: Part of the NW 1/4 of the NE 1/4 and part of the NE1 /4 of the NW 1/4, Section 9, T28N, R19W, Town of Troy ADDRESS: 570 Coulee Trail, Hudson, WI REQUEST: To rezone approximately 17.47 acres from Ag- Residential to Commercial pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Information on this petition may be obtained from the office of the St. Croix County Planning and Zoning Department, Hudson, Wisconsin. In the case of cancellation of this hearing, such notice will be announced on WIXK and WEVR Radio Stations, or call the Planning and Zoning Department at 715- 386 -4680 before 5:00 p.m. Steve Hermsen, Chair Community Development Committee MINUTES COMMUNITY DEVELOPMENT COMMITTEE FEBRUARY 16, 2012 CALL TO ORDER: Chair Hermsen called the meeting to order at 6:00 p.m. ROLL CALL - Members Present: Supervisors Steve Hermsen, Sharon Norton- Bauman, Bill Peavey, Richard `Buzz' Marzolf, Lorin Sather and FSA Representative Edward Sontag. Robert Shearer was absent and excused. STAFF PRESENT: Pete Kling, Ellen Denzer, Jennifer Havens, Kevin Grabau and Monica Lucht. GUESTS: Richard Ottino, Ed Hendricks, Linda Luckey, Bill Reusch, Phillip Van Someran, Don Johnson, John Mortel, Jon Sonnentag and Brian Hurtgen. APPROVAL OF MINUTES OF PREVIOUS MEETING: Motion by Sather 2nd by Peavey approving the minutes of January 19, 2012. Motion carried. BUSINESS ITEMS Financial Report: Chair Hermsen presented the December 2011 financial report and asked if the committee had any questions. Norton - Bauman pointed out that Public Protection was included on the report, and should not be. She also questioned if grant funding has come in yet, and Denzer replied both the Farmland Preservation Plan and the County Comprehensive Plan reimbursement is still coming. Schedule Public Hearings: One rezoning application for the Town of Baldwin and one Waiver application for the Town of Somerset were received. The public hearing is set for March 15, 2012, 6:30 p.m. at the Baldwin Ag Center. Resolution Authorizing the St. Croix County LWCD to Apply for a 2012 Lake Management Planning Grant: Motion by Sather, 2nd by Sontag to authorize the Land and Water Conservation Department to apply for the grant. Heise gave a brief overview indicating the grant is a large lake planning grant for Long Pond (an 18 -acre bay, south of Hudson along the St. Croix River). Research and analysis will be conducted to find the source of the sediment that is rapidly accumulating in the Bay and LWCD will partner with several groups to do the study. Norton - Bauman wanted to clarify that although she lives very near to Long Pond, Corporation Counsel did approve that she could vote on the issue, which actually began with the surrounding landowners. The depth of the bay has changed drastically over the years, and is currently very shallow. The sediment issue needs to be taken care of Peavey clarified the motion should include the Community Development Committee recommends forwarding the resolution to County Board for their March 6, 2012 meeting. Motion carried. Wildlife Damage Claims —2011: Heise presented three Wildlife Damage claims for the 2011 program year, but only two can be approved by the committee today. The reason being the third claim from Arteka Nurseries does not have a final appraised dollar amount yet due to the manager having a family emergency. Their claim will be brought forth at another meeting. Motion by Norton - Bauman, 2nd by Peavey to approve the claims for the two claimants according to the information provided. Motion carried. Sather questioned the large claim by Arteka Nursery. Heise answered the nursery had a tremendous amount of buck rub damage to their stock. Peavey reiterated that the money comes from hunting licenses and not taxpayers. Public Hearings — 6:30 p.m.: The public hearing notice for rezoning was acknowledged for the record and turned over to Grabau. Rezoning — Jonelle Properties LLC: APPLICANT: Jonelle Properties LLC - John Mortel LOCATION: Part of the SE1 /4 of the NE1 /4, Section 17, T29N, R16W, Town of Baldwin ADDRESS: 994 230 St, Baldwin, WI REQUEST: To rezone approximately 19 acres from Agriculture to Ag- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Grabau reviewed the staff report as well as a current County zoning map and a map of the proposed rezoning. The applicant submitted this rezoning request to rezone 19.10 acres of a 35.32 acre parcel he owns in order to create a lot for residential use. He owns several contiguous parcels. Staff recommends that the Committee approve the rezoning amendment for the parcels based on the following findings of fact: 1. Based on TRC findings (# 1 -15) the rezoning is consistent or generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 2. The Town of Baldwin has recommended approval of this rezoning request. 3. It appears that the proposed use can comply with standards in the Land Division and Sanitary ordinances. 4. The proposed use is consistent with the spirit or intent of the Zoning Ordinance. 5. The request meets the requirements in WSS 91.48 (1). Chair Hermsen asked three times for anyone wishing to speak in favor of the request. Town of Baldwin Supervisor, Don Johnson, stated the Town is in full support of the rezoning. The applicant, John Mortel, stated he is in favor of the rezoning. Town of Springfield Chair, Bill Reusch, also stated he is in favor. Chair Hermsen asked three times for anyone in opposition of the request. Hearing none he closed the public comment. Motion by Marzolf, 2nd by Sather to recommend County Board approval of the rezoning without conditions based on staff findings and recommendations. Motion carried. Rezoning — Hendricks Investments LLC: APPLICANT: Hendricks Investments LLC — Ed Hendricks LOCATION: Part of the NW 1/4 of the NE 1/4 and part of the NE1 /4 of the NW 1/4, Section 9, T28N, R19W, Town of Troy ADDRESS: 570 Coulee Trail, Hudson, WI REQUEST: To rezone approximately 17.47 acres from Ag- Residential to Commercial pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Grabau began by asking Chair Hermsen if the agent for the applicant, Jon Sonnentag could address the committee. Sonnentag addressed the committee by asking if they would hear the rezoning proposal and give guidance to the applicant on how to proceed with an ordinance amendment since the Town of Troy has recommended denial of the rezoning. Norton - Bauman informed Sonnentag that most of the committee members are not returning and wouldn't be involved in future 2 ordinance amendments. Sather asked if additional permitted uses in the Ag Res District could be put on the next agenda. Grabau reviewed the staff report as well as a current County zoning map and a map of the proposed rezoning. Hendricks recently purchased the property and would like to convert the use of the site to a youth sports complex which would include both indoor and outdoor recreational facilities. The existing property is zoned Agricultural Residential (Ag Res). The uses that Hendricks proposes for the property are not allowed as "permitted uses" (allowed without a permit) nor by "uses allowed by Special Exception permit" approval in the Ag Res District. The uses Hendricks proposes are allowed by special exception permit approval only for properties zoned Commercial. Hendricks has applied to rezone the 17.47 acres of this property to Commercial. If the property is rezoned, Hendricks would then need to apply for and obtain approval of the appropriate special exception permit which is decided by the St. Croix County Board of Adjustment. Staff recommends that the Committee disapprove the rezoning amendment for this parcel based on the following findings of fact: 1. Based on TRC findings (# 1, 2, 9, 10 & 14) the rezoning is not consistent with the County Development Management Plan and the County Natural Resources Management Plan. 2. The St. Croix County Development Management Plan (SCCDMP) — 2000 -2020, requires that commercial uses in the Transitional Planning Areas must be provided for in locally adopted plans (Transitional Planning Area Policy #2, page 1 -38). This property is not identified as being appropriate for commercial zoning in the Town of Troy's local plan. Rezoning of this property to Commercial would be in direct conflict with the Town of Troy's comprehensive plan. 3. The Town of Troy has recommended denial of this rezoning. 4. The proposed commercial use is not compatible with surrounding uses and may be an illegal spot zoning. 5. It cannot be determined whether the proposed use can comply with standards in the Land Division and Sanitary ordinances at this time. 6. Adequate infrastructure to serve the site is not currently in place. There is no direct access to the state highway, there are no turning lanes on the town road, and the onsite sewer capacity has not been addressed. 7. Rezoning the entire 17.47 acres may allow for future commercial -zoned land divisions and land uses in an area not planned or designed to accommodate commercial development and infrastructure. Marzolf questioned the reason for the Towns disapproval and if it was a unanimous vote. He also questioned the sanitary facility and if the onsite sewer issue has been addressed. Sonnentag explained the project is not at that point yet, but an adequate system will have to be installed and addressed at that time. The Department of Transportation removed the previous drain field, so the new size needed has not been determined yet. Chair Hermsen asked three times for anyone wishing to speak in favor of the request. Sonnentag spoke and briefly explained that Hendricks has been searching for a property to use for a sports facility, and believes this parcel would be good for this type of use, with its good access, good vegetative buffers and improvement of surrounding trees. The parcel just lacks close proximity to other commercial property. The Town is in favor of the use, but the Town's concern is the commercial designation, and what might happen when the property changes hands. Sonnentag would like feedback from the committee as to how to make the use fit. The applicant, Hendricks, spoke in favor and explained, as a coach, one of his biggest challenges has been to find facilities for sports, and has been looking for property for quite some time. He purchased this property knowing it could accommodate an indoor and outdoor sports facility, and is perfect for that use. He also asked for the committee's direction on how to move forward. Chair Hermsen asked if anyone wished to speak in opposition of the request. Hearing none, he closed the public comment. Sather questioned the risks involved with rezoning to commercial, and believes the committee should find a solution to cover recreational facility use in Ag Res zoning. Chair Hermsen answered that the first step would be to require owners to request the change to the ordinance. Grabau clarified most appropriate would be to put the discussion on the next committee meeting agenda and direct staff to look into it. Then it goes to public hearing, and finally to the County Board. Motion by Peavey, 2nd by Sather to deny the rezoning because of the Town of Troy Resolution of Disapproval. Motion carried. Motion by Peavey, 2nd by Sather to request this issue of recreational facility use in the Ag Res district is discussed at the next Community Development Committee meeting. Motion carried, Norton - Bauman opposed. Motion by Sather, 2nd by Chair Hermsen to refund half of the application fee the applicant paid. Discussion by Norton - Bauman regarding the bad standard of refunding after staff and the committee have put so much work into applications. Chair Hermsen countered that staff got paid regardless and are doing a service. County Board Supervisor, Linda Luckey, reminded the committee to take into consideration what the taxpayers pay for committee per -diems and hearing publication costs. Roll call vote: Marzolf — no, Peavey — yes, Norton - Bauman — no, Hermsen — yes, Sather — yes, Sontag — no. Motion failed. Chair Hermsen will research if Sontag was eligible to vote. Sonnentag suggested possibly giving a credit towards future applications instead. The Committee will take that into consideration. Chair Hermsen called for a break at 7:41 p.m. The meeting reconvened at 7:51 p.m. Recycling Ordinance: Chair Hermsen began by asking the guests present if anyone had questions or comments regarding the ordinance. Reusch questioned the wording under Inspections on page 21- 14, Section C. 1. a. "... and after receipt of a complaint ''. He thought it was going to read ". . . and after several complaints over a period of time ". Denzer answered that the committee did discuss that, but came to the conclusion that multiple complaints aren't appropriate. When someone complains they would like a response and waiting for multiple complaints is not a good way to treat those that deserve a response. Reusch also questioned page 21 -6, Section 21.2A.4. Authority to Remove; and why there is a 20 ton limit. Denzer answered that there has to be a limit as to how much can be collected from a single household. Luckey questioned if the committee planned to go over changes they made to the ordinance from the last meeting. Denzer began with Peaveys concerns. He had asked for clarification regarding burying or burning of old farm structure, and the consistency of the ordinance wording with the State Statues. Two responses came back from the DNR with the requirement that testing, which the homeowner could do, would have to be done on the paint before burning. The DNR also thanked St Croix County for finding the discrepancy in the language and will correct the wording on the DNR website. Another concern was in regards to composting animals that die on farms, page 21 -3. Livestock mortality composting is the term used in the UW- Extension informational materials. It is regulated and well identified and is subject to State Statute and exempt from this ordinance. Page 21 -6 had a concern regarding removal of old trees, stumps and brush. All those things are listed under clean fill and exempt from ordinance. Then on page 21 -15, under Inspections in regards to biohazard and problems with cross - contamination in barnyards and open areas, staff researched several recommendations and felt the Department of Agriculture had the most straightforward language. Definition #3 was expanded and letter `d.' was added under Section 21.4C. l.d, as a procedure and limiting contact. This was also reviewed by the Department of Natural Resources because of the significant change made by the committee. Norton - Bauman stated she is concerned that staff will not be allowed to inspect a business when a complaint is made because of the way Section 21.4C. l.a, is written. Marzolf offered the suggestion that the wording should be changed from `compliance' to `purpose'. Chair Hermsen called for a break at 8:40 p.m., to allow time for staff to reconfigure the sentence. The meeting reconvened at 8:48 p.m. Denzer stated the changes made: 21.4C.1. `Inspection For Compliance' is changed to `Purpose'. Then 21.4C. l.a., would read as follows: "To determine whether a person subject to the provisions of this ordinance is in compliance therewith, the Planning and Zoning Department, subject to the provisions in b. through f. below, and after receipt of a complaint, reserves the right to inspect municipal solid waste at or in the following: ". Denzer reported no other emails had come in requesting changes. One phone call was received from the Town of Kinnickinnic indicating no reason to disapprove the ordinance. Town of Hammond Clerk, Linda Hawkins also reported the Town was fine with the ordinance. Motion by Norton - Bauman, 2nd by Marzolf to move the Recycling Ordinance forward to the County Board for approval as amended today. Peavey commented he does not know why this ordinance has generated so much comment, and he will vote to approve the ordinance because of the amount of time and effort that has been put into it. Motion carried, Sather opposed. Housing & Cultural Resources Elements — Comprehensive Plan: Denzer provided the committee with the section and asked for their review to provide comments at the next work session. Peavey had one comment already with wording he didn't like regarding housing built prior to 1939 that might need to be demolished and replaced. Denzer agreed to delete the wording. Norton - Bauman suggested the committee and staff go through the document together at the next work session. Motion by Marzolf, 2nd by Norton - Bauman to table this discussion until the next work session scheduled for March 1, 2012. Motion carried. ANNOUNCEMENTS AND CORRESPONDENCE: Havens presented the 2012 Recycling Calendar of Events modeling last year's events. Due to reduced State funding, the Household Hazardous Waste Collection "Clean Sweep" will be one collection, but for two days, and collection locations will be offered in other counties. An RFP was also done for the appliance collection securing a lower price per appliance with our same contractor. ADJOURN: Motion by Sather to adjourn the meeting at 9:08 p.m. DATE OF NEXT MEETING: March 1, 2012 — 4:00 p.m., in Hudson. Respectfully submitted: Monica Lucht, Recording Secretary Richard Marzolf, Secretary February 16, 2012