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HomeMy WebLinkAboutPlanning & Zoning 01-13-09 NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE TUESDAY, JANUARY 13, 2009 8:30 A.M. ST CROIX COUNTY GOVERNMENT CENTER, ROOM 1281 1101 CARMICHAEL ROAD, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL ADOPTION OF AGENDA APPROVAL OF PREVIOUS MINUTES DATE OF NEXT MEETING OLD AND NEW BUSINESS 1. Public Hearing WAIVER FROM LAND DIVISION REGULATIONS APPLICANT: Benjamin Otten LOCATION: NW ' / 4 of NW ' / 4, SEC 6 T28N RI 8W, Town of Kinnickinnic and SW '/4 of SW 1 /4, SEC 31 T29N R18W, Town of Warren ADDRESS: 605 90" Street, Hudson REQUEST: Waiver for minimum lot width and to be able to have a lot in two towns pursuant to section 13.7G2d and 13.7G2j of the St. Croix County Land Division Ordinance. 2. Land Use Ordinance Applications a. Municipal Plats b. Waivers and rezones to be scheduled c. Discussion of Plats and CSM's currently in the review process 3. Planning and Zoning Business a. Bills and Revenue Reports b. Recycling Ordinance Review c. Dunn County Recycling Cooperative Agreement* d. Comprehensive Plan Update e. Code Administration Report f. Adjustment to Rezoning Fees for Jahnkes* g. Resolution approving amendment to Town of Hudson Zoning Ordinance — Youth Oriented Recreational Facilities h. Floodplain Ordinance Amendments i. Closed session per Wisconsin Statute 19.85 (1) c for the purpose of annual performance review of Planning and Zoning Director. Reconvene into open session to complete any remaining agenda items. 4. Register of Deeds Business a. Office Report* b. Resolution Authorizing a Fee for Processing Stipulations & Waivers* ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING ADJOURN (Items may be taken in different order) * Additions /Changes /Corrections DATE: January 9, 2009 MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON WI January 13, 2009 Present: Committee: Supervisors Gene Ruetz, Lorin Sather, Sharon Norton - Bauman, Steve Hermsen, Peter Post Staff: Dave Fodroczi, Kevin Grabau, Ellen Denzer, Alex Blackburn, Jennifer Havens, Brett Budrow, Beth Pabst, Judy Olson, County Administrator Chuck Whiting Guests: John Backus, Benjamin Otten, Joe Granberg- Stevens Engineers Call to Order: Chair Ruetz called the meeting to order at 8:35 a.m. Adoption of Agenda: Motion by Post, 2 nd by Sather to adopt the agenda. Motion carried. Approval of Previous Minutes: Motion by Norton- Bauman, 2 " by Post to approve the minutes of December 9, 2008. Motion carried. Date of Next Meeting: February 10, 2009 at 8:30 a.m. at the Government Center. Old and New Business: Public Hearing WAIVER FROM LAND DIVISION REGULATIONS APPLICANT: Benjamin Otten LOCATION: NW '/4 of NW '/4, SEC 6 T28N RI 8W, Town of Kinnickinnic and SW '/4 of SW 1 /4, SEC 31 T29N RI 8W, Town of Warren ADDRESS: 605 90' Street, Hudson REQUEST: Waiver for minimum lot width and to be able to have a lot in two towns pursuant to section 13.7G2d and 13.7G2j of the St. Croix County Land Division Ordinance. Blackburn reviewed the staff report showing the map of the current layout of the property and the proposed land division. He distributed a letter from Dave Phillips of the Town of Kinnickinnic recommending that the County take no action on this request until the Town has a chance to do a property review of the waiver request. Blackburn also distributed a letter from Joe Granberg of Stevens Engineers explaining why the Town of Kinnickinnic has not received any information about this waiver request. The waiver must be granted from the County before the owner can proceed with the subdivision process. Staff recommends denial of both waiver requests based on the following; • The unique characteristic of this property was self created by adding on the piece of land on December of 2005. • Granting a waiver because the request complies with standards from the past would set a precedent. Granberg stated that other lots were created on this farm which was in two towns. Blackburn showed the aerial photo of the proposed lot and surrounding properties with three other lots that are in both towns. Chair Ruetz opened the public hearing. No one asked to speak. Norton -Bauman stated concern with setting precedence if this request is approved. Motion by Sather, 2nd by Hermsen to approve the waiver request for Benjamin Otten. Motion carried. Land Use Ordinance Applications Municipal Plats - none Waivers and rezones to be scheduled - none Discussion of Plats and CSM's currently in the review process - Planning and Zoning Business Bills and Revenue Reports - The December 2008 Bills and Revenue Reports were reviewed by the Committee. Hermsen asked to have a report that includes tracking with the budget in 2009 comparing projections with actual expenses. Hermsen questioned why compliance deposit refunds are included in expenses. Whiting explained that any money paid to the County must be included as revenue so the refunds must also be included in expenses. Motion by Post, 2 by Norton -Bauman to approve. Motion carried. Recycling Ordinance Review - Fodroczi stated that he contacted Attorney Thiel. Mr. Thiel asked that we forward the ordinance and other materials for his preliminary review. He will discuss his services after that review. Corporation Counsel was notified of this arrangement. We won't know the attorney's fee until after his preliminary review. He would charge his normal municipal rate. Fodroczi explained we have an annual recycling efficiency grant, and the recycling ordinance was the main project for the 2008 grant award. Some of that grant was to pay for a portion of the recycling assistant under our joint agreement with Dunn County and 2 -3 other counties. The rest of those funds would be a pass - through to the 26 municipalities that are part of the municipal grant program. The expense for the outside legal services will be an eligible expense out of those grant funds for work on our ordinance. The amount we spend on legal services will not be available to be distributed to those municipalities. Havens had nothing else to report on the ordinance review. Dunn County Recycling Cooperative Agreement - Havens reported that Dunn County has initiated a new cooperative agreement with updated changes for this year. We have updated the agreement. The resolution was previously approved by the Committee Comprehensive Plan Update — Denzer distributed the workshop results from the November kickoff meeting. Since only two representatives from the Town of Emerald were present, Fodroczi and Pete Kling will meet with the Town to review the exercise. The workshop results will be on the County website. The next workshop will be a two -part visioning workshop on February 18 and 25 at WITC'. Anna Haines from UW Extension and a teacher at UW- Stevens Point, will be the facilitator. Denzer stated that she would like a broader group of representatives at this workshop. She is encouraging everyone to bring one or two people with them. The purpose is to develop a vision for each municipality and one for St. Croix County for the next 25 years. She will have the comprehensive planning public opinion survey final report for the next meeting. 2 We completed two grant status reports for 2008 and submitted them to West Central Wisconsin Regional Planning Commission who will then submit them to the State with the rest of the communities in the West Central Wisconsin Collaborative Planning Project. One report was done for St. Croix County, Deer Park, Richmond and Emerald which are working in concert to develop their comprehensive plans. A separate report was created for the Town of Star Prairie which is much further along on its comprehensive plan. Denzer noted that population projections, done by the Wisconsin Department of Administration Demographics Services, are out and are based on what has happened in the last eight years. Norton -Bauman asked about the possibility of the State not funding grants in the next two years. Fodroczi stated that the ones we have are set, but ones in the future may not be. Code Administration Report - Grabau gave an update on the Sukowatey case. An inspection date had previously been set by the court. Grabau and Sitz visited the property on December 17, 2008, the first date that the court previously set, and made a list of everything on the property that was junk. The priority is to clean up the site of junk vehicles. There had been a recent snowfall and Sukowatey did not allow them to remove the snow cover from license plates to determine whether the vehicles were licensed. Staff took photos and compiled a comprehensive list of junk items. Staff sent a few photographs and the list to the court. A court date of December 18 was set. Grabau, Dan Sitz and Don Gillen went to court on that date and discussed the schedule of events as dictated by the court and discussed the photos and list. Gillen requested the judge to set an exact schedule of dates and times for site visits. The judge asked Sukowatey to remove the snow for another inspection. Sitz went again to visit the site and did the same thing, taking photos and making a comprehensive list of everything that was seen. The Sukowatey's were supposed to provide a list of vehicles on the property to staff by a certain date. That list was not provided. In the past Gillen requested that the judge visit the property. The judge wants the parties to work together on a solution, but there are too many items that will be contentious. We were supposed to confer with the Sukowatey's and work through which items can be kept and which must be disposed of. That has not been done yet. A letter was sent to John Bettendorf stating that he must submit a nonmetallic mining application by December 15. That application was not received. He was required to submit a reclamation plan. Grabau received a letter from Attorney Matt Biegert with some information pertaining to a reclamation plan and stating that they don't think a permit for the mine is needed because it predates the ordinance. Grabau will work with Gillen on this. Adjustment to Rezoning Fees for Jahnke's - Grabau stated that a letter was received from the Town of Somerset recommending that only one application fee be charged to the Jahnke family. Motion by Hermsen, second by Sather to refund $2,200 to the Jahnke's. Norton - Bauman stated that she is totally against this motion since this will set a bad precedent. Since the land was all contiguous a small reduction could be made but not 2/3 of the fees. More people will be expecting reductions of fees. Sather stated that three applications were submitted for similar contiguous parcels. Grabau stated that because these are three separate parcels with three owners, they need to be treated as three applications. Each application must be reviewed with three separate staff reports. Hermsen stated that charging three separate fees in this case is excessive. Motion failed. Roll call vote: Sather, yes; Hermsen, yes; Post, no; Norton- Bauman, no; Ruetz, no. Motion by Sather, 2 nd by Hermsen to refund $1,100 to the Jahnke family. Motion by Hermsen, 2 nd by Sather to amend the motion to refund half of the total fee. Fodroczi stated 3 that there is precedent value in making adjustments. The basis for the adjustment as it pertains to a particular case must be explained so we know what the basis is for future requests. Norton - Bauman stated her opposition. The only reason for a reduction is that only one public hearing was held. Post stated that the criteria for a reduction must be identified. Hermsen reminded members that this Committee controls the fees and that can be done on a per individual basis or it can vote to raise fees across the board. He stated that he is against charging fees because the people who do the work and put the approval together are paid whether they are doing that or doing nothing. That is the cost of government. The cost of issuing permits is a cost that should be shared with everyone. Sather withdrew his 2 " to the motion to amend. The motion to amend then died for lack of a 2nd. Sather restated his motion to refund $1,100 to the Jahnke family. Motion carried with Norton- Bauman opposed. Committee recessed from 10:45 to 11:00 a.m. Resolution approving amendment to Town of Hudson Zoning Ordinance — Youth Oriented Recreational Facilities - Denzer reviewed changes to previous amendment. Motion by Post, 2nd by Hermsen to approve the resolution and send to County Board for adoption. Motion carried unanimously. Floodplain Ordinance Amendments - Fodroczi reported some minor text amendments need to be resolved and then this can be taken to public hearing. Grabau is working with a specialist at the DNR. The Committee agreed to request holding a February County Board meeting or to reschedule the March County Board meeting to an earlier date. Time may be too short to schedule a February meeting so the option is to ask for an early March meeting. Grabau stated that the deadline is set by FEMA, and if the ordinance is not adopted by that date we will be out of national flood insurance program, which will affect all property owners. Motion by Post, 2nd by Sather to have this item on the January 20 County Board agenda. A special February meeting or an earlier March meeting will be requested. Motion carried. Grabau will schedule a hearing date. Register of Deeds Business Office Report - Pabst reported that the Register of Deeds office is up and working and getting documents completed. There were some problems with getting into the Fidlar system and finding different files although Kay Walsh left several notes. Fidlar, the software provider, may offer a webinar. Sandi Hansen was appointed first deputy. Because of budget cuts, there is one less staff person in the office. She stated that it is a challenge with her and Hanson both being new in their positions. Hermsen asked that Pabst provide an activity report each month to compare actual with projections. Resolution Authorizing a Fee for Processing Stipulations & Waivers - Gillen explained the history of the recording of rental weatherization. The proposal is for the County to be an agent. He recommends the Register of Deeds let people know that the County is an agent and can validate the document so they don't have to send to the State or they can choose to mail it to the state themselves and have this done for no cost. Hermsen stated that the Register of Deeds is not entitled to do this. Motion by Norton -Bauman to approve the resolution which supersedes the previous resolution dated December 16, 2008. Motion 2 " by Post and carried with Hermsen opposed. 4 Closed session per Wisconsin Statute 19.85 (1) c for the purpose of annual performance review of Planning and Zoning Director. Reconvene into open session to complete any remaining agenda items. - Motion by Norton- Bauman, 2 nd by Sather to go into closed session. Roll call vote: Post, yes; Sather, yes; Ruetz, yes; Norton- Bauman, yes; Hermsen, yes. 11:43 a.m. Announcements and Correspondence - none Possible agenda items for next meeting - none The meeting adjourned at 12:44 p.m. Respectfully submitted: Judy Olson, ecording Secretary Lorin Sather, - Secretary - 01-13-09 5