APPROVED
PLAN COMMISSION
August 2, 2007
Members Present: Ray Knapp, Chris Mueller, David Wolf, Mark Mitchell, Paul Mahler, Dan Pearson
Members Absent: Bob Rolle
Staff Present: Rob Jones, Cedar Corp.
Recording Secretary: Sharon Weide
Others present: Terry Domino, Steve Feyereisen, Ida Feyereisen, Nate Splett, Cheryl Skillings, Jocelyn Richardt, Jim O’Kelly, Tony Vavoulis, Norm Feyereisen, Shirlee Feyereisen, Margaret Caron, Todd Domino, Bill Connolly, Harry Larsen, Randy Cudd, Art Feyereisen, Scott, Feyereisen, Gay Ward, and Bruce Lenzen. Others were present who did not sign in.
Call to Order
Ray Knapp called the meeting of the Town of
AGENDA:
1. Approve Minutes;
Minutes of the June Plan Commission meeting were
reviewed.
Mark Mitchell
moved to approve the July 12 minutes.
Paul Mahler seconded.
David Wolf amended the minutes to read Mr. Garbe instead
of Mr. Garvey on page 3, third paragraph.
Amended
minutes passed, all in favor.
2. Acknowledgement of applications for action as regulated by SDO;
None submitted.
3. County special exception (institutional usage) –
Ray Knapp explained that the special exception
request had already been heard by the County and handed out a letter he had
written to Jenny Shillcox. He asked the
Plan Commission to read this letter and then directed their attention to the
formal decision of the St. Croix County Board of Adjustment. Ray read the following from the decision:
“The Town of
Ray also said that the
He then asked Paul Mahler to read Section 5 of the
Feyereisen conservation easement, which details the permitted agricultural and
conservation uses of this parcel.
Ray Knapp then read from a document provided by
Cedar Corp.: “The applicant has requested a special exception permit to operate
a private preschool and elementary school for 25 students, with ambitions to
expand to 75 students. The proposed lot
was created under the Town Subdivision Ordinance as part of a 40/60 farm plan
and does have a conservation easement requiring that the property be used
exclusively for open space or agricultural uses.” He concluded by saying that the Plan
Commission members need to decide if this proposal is a permitted use for the
space. He then asked if anyone would
like to speak to the Plan Commission.
Jocelyn Richardt (Board of Directors of Heartland Montessori
School) read a prepared statement detailing
life on her grandparents farm, the goals of the
school to create a farm-like experience balancing the rural and open space
concept, the possibility of pets and some farm animals and a commitment that Heartland
would be a good steward of the land. She
felt that the
Maureen Skidmore (Heartland Teacher and resident of
Scott Feyereisen (Heartland Board of Directors,
resident) grew up on this farmstead, supports the use as a school and the school
will conserve the property.
Joe Hilly (Parent of Heartland Student) read a
letter from Scott Deetz detailing his interpretation of the conservation
easement and how the proposed use fits within the overall intent and actual
document language. A copy of this letter
is on file at the Town Hall.
Art Feyereisen (property owner and resident of
Cheryl Skilling (lot owner in development) is opposed
to the Heartland proposal, has nothing against Heartland, was told that the 26
acre parcel would remain open space when purchasing her lot, claims property
values will go down. She was also
concerned about the additional traffic and how an expansion to 75 students will
bring in even more traffic.
Turi Brosi stated the students are excited about
raising animals, that the conservation
easement is deeply rooted within the Montessori mission and that this is a
perfect fit for the easement.
Gay Ward (UWRF Professor) expressed empathy for the
Town’s position, believes this school fits within the conservation easement and
sees no conflict. She thinks this is a wonderful opportunity for the Town and
the children.
Norm Feyereisen (resident) asked who would own the
property:? (Ray Knapp answered that the school would rent from the Feyereisens.)
Ray Knapp stated that the Plan Commission is a
recommending body to
Paul Mahler stated that his interpretation of the
conservation easement is different than Heartlands. He does not believe a “conservation minded
business” is in the easement. He
supports the proposal for a Montessori school anywhere but in an easement. The conservation easement is meant to support
agricultural uses and open space.
Teaching a course on planting does not constitute an agricultural use.
Mark Mitchell said that the presentation was well
done and that he supports Heartlands efforts but agrees with Paul Mahler. A conservation easement is and important
document and cannot be twisted to make it something it’s not.
David Wolf stated that this is a grey area for him
as a truck farm is a business. In his
mind business is the deciding factor.
Chris Mueller supports the advantages of farm life
and supports the Montessori mission but does not feel this is a permitted use
under the easement and does not feel it would be a wise decision for the Town.
Dan Pearson said that although this would be a
wonderful spot for a Montessori school he didn’t see how it could fit within
the concept of the conservation easement.
Ray Knapp also stated that he didn’t see how the
proposal fit within the conservation easements.
He thought that if Heartland found another site without a conservation
easement they would get Town support.
Mark Mitchell
moved the Chairman of the Plan Commission send a letter to the County saying we
do not approve of the proposed use of
Members of the Plan Commission reiterated that they embrace
the concept of a Montessori school, just not in a conservation easement.
Motion passed,
all in favor
4. County special exception (construct 175’ monopole) – Verizon Wireless,
Tony Vavoulis (Buehl Construction) stated that the
construction of the 175’ monopole is in response to poor coverage in the
immediate area. The pole would be
located adjacent to new Highway 35 just south of
David Wolf asked about guide wires and the
possibility of the tower coming down in a storm. Mr. Vavoulis explained there are no guide
wires but the tower is meant to break at center and would not interfere with
any structures in the area should that happen.
David Wolf asked if the tower would be shared with
other providers. The answer was yes, it
has to be designed with room for at least two others. The tower will be less than 200’ tall, so it
does not need to be lighted.
Chris Mueller asked why this tower is not being
proposed for the business park. Tony
Vavoulis answered that the City of
Ray Knapp noted that heand the Mayor of Hudson had a
discussion earlier in the week. TheMayor
seemed open to using a location in the business park for a tower. Tony Vavoulis said he had spoken with the City
staff and received conflicting input. The
discussion then turned to the vegetation plan and screening and changes that
the Plan Commission would like to see.
Dan Pearson asked if Teens for Christ were to put up
their own tower in the future would they be allowed to. Paul Mahler said yes but this facility may be
in violation of their agreement and that it went in under a unique situation
with development rights. Paul believes that any expansion to this site may
require bringing in another development right.
Ray Knapp stated his concern about the commercial look this property already
has.
Randy Cudd, representing Teens for Christ, was
allowed to speak. He stated that he was
unaware that there was a specific time frame to complete the original screening
and vegetation plan. He went on to say
that trees are being donated and will be planted soon, the paving is complete
and they have received a donation to have the west, south and east side of the
building put in sod and irrigated. Teens
for Christ’s hope and intent is to fit into the neighborhood concept. He also said that he feels that the tower
would work well with their ministry as they would be able to broadcast from
it. Tony Vavoulis stated that although
Teens for Christ could certainly build their own tower it would not have the
height it needed for a 19 mile broadcasting range and would not be as
structurally sound.
There was additional discussion concerning
development rights, the commercial look of the site, and procedure.
Chris Mueller
moved the Plan Commission send a notification to the County that we do not
recommend a special exception until we have additional information. Paul Mahler seconded.
Tony Vavoulis offered to meet with the Mayor and
attempt to secure a site it the business park and until that avenue is
exhausted he will ask the County to defer action on the special exception. He will also come back with a more detailed
landscape plan. Ray Knapp said that this in turn will allow the Town to do more
research on the development rights issue. Teens for Christ was directed to come
back with their landscape plan. Once
these three issues are addressed this will be place on the agenda for
consideration.
Motion passed,
all in favor.
5. County special exception (relocate dairy enterprise) – UWRF Board of
Regents,
Bill Connolly, Farm Director UWRF, stated that this
proposal is to move the dairy operation presently located at the Campus farm in
Paul Mahler
moved the Plan Commission send a letter to the County in support of the special
exception for the UW Dairy Farm. Chris
Mueller seconded.
Dan Pearson said that he feels this is a great
opportunity, that it is a smaller version of a large dairy operation and will
benefit both the dairy community and
Motion passed,
all in favor.
6. County special exception (contractor’s storage yard) – Todd Domino,
Terry Domino represented Todd Domino. He explained that Todd Domino has owned this
business since 1994 and moved to
Dan Pearson
moved the Plan Commission approve the County special exception for a
contractors storage yard, Todd Domino,
7. Concept in Riverway to construct a home – Terry & Peggy Kingston,
lot 5, 292 West Grove Rd.;
The Plan Commission reviewed the documentation
provided by Cedar Corp and determined that there were three tasks that needed
to be addressed in this concept review:
The Plan Commission was then referred to a copy of
the Riverway Ordinance (RWO). The
requirements that apply to this application are detailed in Section 171-I
General Standards. Rob Jones, of Cedar
Corp., added that he had identified three items from the General Standard that
required further information. Those
items are 1) Maximum structure height, 2) Bluffline and highest visible
bluffline setback, and 3) Structural erosion control measures. He then said that the property proposed to be
built upon has been cited with a St. Croix County Zoning Violation regarding
tree cutting, vegetation removal, and filling and grading.
Ray Knapp referred the Plan Commission to letter
from Carried Stoltz of St. Croix Planning and Zoning and then said that he will
be attending a meeting on August 7 with the County, DNR and the applicant to
discuss the possible vegetation and land grading violations detailed in this
memo.
Bruce Lenzen, representing the applicant, then began
to address the three items identified above that require additional
information. He spoke first to the bluff
lines and setbacks while referring to a topographic representation of the
property. There was considerable
discussion between the Bruce Lenzen and the Plan Commission regarding the
bluffline and the highest visible bluffline and whether or not the setback requirements
in the RWO were being met. Mark
Mitchell requested that a more complete topographic map be provided. Rob Jones emphasized that Cedar Corp. was not
implying that this proposal is in violation of the RWO, rather that additional
information is required in order to insure that all the requirements have been
met.
Bruce Lenzen then went on to address the erosion
control measures (berms) that will be implemented to mitigate run off from the
home. Considerable discussion followed
on the placement of the berms (if they should be placed closer to the house)
and whether they were sufficient to control ongoing erosion.
Lastly, the issue of the maximum structure height
was addressed. Cedar Corp. is concerned
that the structure height is in excess of that allowed in the RWO. Members of the Plan Commission, Cedar Corp.,
and Bruce Lenzen all agreed on the accepted method of determining structure
height. It was agreed that Mr. Lenzen
will review this issue with Rob Jones to assure that the requirements in the
RWO are being met.
It was determined that the following additional
information is required for submission of the Riverway Application:
·
Photos of the site taken from the middle of the river, slightly
upstream and downstream of the property
·
A more detailed topographic map
·
Specifications for the proposed walkway
It was also decided that members of the Plan
Commission would meet Wednesday, August 8, at 6:00 PM at
8. Building Permits/Utility Permits;
The following utility permits were submitted by Rob
Jones of Cedar Corp.:
Permit # Applicant Address Project
U07-005 Xcel
Energy 1201 Livingstone
Rd. Installation of
underground natural
U07-006 Xcel
Energy 1201 Livingstone
Rd. Installation of
underground electric
Parallel
to east side of
New
Valley Land CSM
U07-007 Xcel
Energy 1201 Livingstone
Rd. Installation of
underground electric
Hudson,
WI Service
including boring under Bjerstedt Ln.
approximately 800 feet east of the
U07-008 Xcel
Energy 415 S.
Rd.
approximately 700 feet south of the
Intersection
Chris Mueller
moved the Plan Commission approve the utility permits as presented. Dan Pearson seconded. Motion passed, all in favor.
Members of the Plan Commission reviewed the Building
and Driveway permits.
9. Review & recommend Riverway application timeline;
Ray Knapp reported that he will be meeting with members
of
Dan Pearson
moved to table agenda item number nine until the September meeting. David Wolf seconded. Motion passed, all in favor.
10. Committee Reports & correspondence;
Ray Knapp reported that he received a letter from
Stevens Engineering regarding the construction of a road that will serve a
portion of the
Rob Jones stated that he had received a copy of this
proposal. Paul Mahler questioned if the
distances between this proposed road and the existing roads and driveways is
sufficient. Ray Knapp directed Rob Jones
to go over the proposal in more detail and work with Stevens Engineering to
ensure that the Town’s concerns are addressed.
Ray Knapp reported that he received an email of an
article from the Hudson Star Observer about the City of
11. Adjourn;
Paul Mahler moved to adjourn at 10:35 PM. Mark
Mitchell seconded. Motion passed, all in
favor.