HomeMy WebLinkAboutResolution 2021 (25) Resolution No. 25 (2021)
ST. R�.J►9, �'w '° �..1NTY RESOLUTION DENYING A REZONING APPLICATION FROM AN R-2
RESIDENTIAL DISTRICT TO AN R-1 RESIDENTIAL DISTRICT WITH A
NONMETALLIC MINING OVERLAY FOR PARTS OF THE SW 1/4 OF
SECTION 5, TOWNSHIP 28N, RANGE 18W, TOWN OF
KINNICKINNIC.
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Ellen Denzer, Director, Community Development
DATE: June 1, 2021
AGENDA ITEM: Resolution Denying a Rezoning Application from an R-2 Residential
District to an R-1 Residential District with a Nonmetallic Mining Overlay
for Parts of the SW 1/4 of Section 5, Township 28N, Range 18W, Town of
Kinnickinnic.
BACKGROUND INFORMATION
Jason Haas of Haas Sons Inc., and agent for the property owners (Paul and Sandra Lubich, Kevin
Lubich), has applied to rezone 116.12 acres of land in the Town of Kinnickinnic from R-2 Residential
District to an R-1 Residential District with a Nonmetallic Mining Overlay District. The purpose of the
rezoning application is to provide for nonmetallic mining uses on the property through a Conditional Use
Permit application process with the Board of Adjustment.
A Class II notice was published in the Star Observer on May 6, 2021 and May 13, 2021, establishing a
public hearing on May 20, 2021 with the Community Development Committee meeting at 5:00 PM in the
St. Croix County Government Center Board Room, 1101 Carmichael Road, Hudson, Wisconsin.
Resolution No. 25 (2021)
ST. R�.J►9, �'w '° �..1NTY RESOLUTION DENYING A REZONING APPLICATION FROM AN R-2
RESIDENTIAL DISTRICT TO AN R-1 RESIDENTIAL DISTRICT WITH A
NONMETALLIC MINING OVERLAY FOR PARTS OF THE SW 1/4 OF
SECTION 5, TOWNSHIP 28N, RANGE 18W, TOWN OF
KINNICKINNIC.
1 WHEREAS,the St. Croix County Community Development Committee conducted a
2 public hearing on May 20, 2021 to consider a rezoning application submitted by Paul and Sandra
3 Lubich, and Kevin Lubich; and
4
5 WHEREAS, the subject parcels are legally described as follows:
6
7 The Northeast'/4 of the Southwest '/4 of Section 5, Township 28N, Range 18W, Town of
8 Kinnickinnic; and
9 The Southeast'/4 of the Southwest '/4 of Section 5, Township 28N, Range 18W, Town of
10 Kinnickinnic; and
11 The Southwest'/4 of the Southwest '/4 of Section 5, Township 28N, Range 18W, Town of
12 Kinnickinnic, except Certified Survey Map Volume 21, Page 5230, St. Croix County,
13 Wisconsin; and
14
15 WHEREAS, the rezoning application seeks to rezone the property from R-2 Residential
16 District to an R-1 Residential District with a Nonmetallic Mining Overlay to allow for
17 nonmetallic mining uses on the property; and
18
19 WHEREAS, the St. Croix County Community Development Committee recommends
20 denial of the application based upon the following findings at their regular meeting on May 20,
21 2021:
22
23 1. The rezoning and proposed use is not consistent with surrounding land uses (dwelling
24 units and residential subdivisions).
25 2. The rezoning and proposed use is not consistent with the character of the surrounding
26 neighborhood and countryside.
27 3. Land Use Goal #9 of the Town Comprehensive Plan states: Industrial development is
28 incompatible with the Town's Vision Statement.
29 4. The rezoning is not consistent with the desired land use density established by the Town
30 of Kinnickinnic through the St. Croix County Comprehensive Plan Revision to the
31 Zoning Ordinance adopted in 2019. According to the Town Comprehensive Plan, future
32 land use in the Town will be increasingly residential, with agricultural uses decreasing.
33 The Town vision is supported by establishing the R-2 Residential Zoning District to
34 accommodate subdivisions with two (2) acre minimum lot sizes.
35 5. The rezoning is not consistent with surrounding zoning districts and results in spot
36 zoning.
37
38 NOW, THEREFORE, BE IT RESOLVED that the St. Croix County Board of
39 Supervisors accepts the recommendation of the Community Development Committee and
40 denies the rezoning application.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact:
JA A14
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Corporation n l/Ml K�. min' 0 5/21/ZOZ1
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05/20/21 Community Development Committee RECOMMENDED
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Ed Schachtner, Vice Chair
SECONDER: Scott Counter, Supervisor
AYES: Schachtner, Anderson, Counter, Hansen, Hesselink
EXCUSED: Judy Achterhof
Vote Confirmation.
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Hansen Jammurtly�p Chairman S/2i/2021
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .........
RESULT: ADOPTED BY BOARD OF SUPERVISOR BY CONSENT VOTE [15 TO 4]
MOVER: Daniel Hansen, Supervisor
SECONDER: Scottie Ard, Supervisor
AYES: Schachtner, Leaf, Koch, Hall, Ottino, Feidler, Ostness, Counter, Hansen, Ard,
Tellijohn, Peterson, Anderson, Achterhof, Tomtschik
NAYS: Shawn Anderson, Bob Long, Paul Berning, William Peavey
This Resolution was Adopted by the St. Croix County Board of Supervisors on June 1, 2021
Cindy Campbell, County Clerk