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Home My WebLink AboutOrdinance 2005 (677) ORDINANCE AMENDING CHAPTER 17 ST. CROIX COUNTY LAND USE ORDINANCE REZONING LAND FROM AG-II TO AG- RESIDENTIAL ORDINANCE NO. (o WHEREAS, the Statutes of the State of Wisconsin provide for a Planning and Development Committee to act in all matters pertaining to county planning and zoning; and WHEREAS, the St. Croix County Board has established the St. Croix County Planning and Zoning Committee; and WHEREAS, at the request of the County Board this Committee is to review petitions, hold public hearings, and present its recommendations for rezoning requests to the County Board for action; and WHEREAS, the St. Croix County Planning and Zoning Committee held a public hearing on the rezoning request of HIM AND ROBERT BODDY on January 12, 2005, in the St. Croix County Government Center in Hudson, Wisconsin; and WHEREAS, the St. Croix County Planning and Zoning Committee having considered all written information and verbal testimony presented at the hearing, voted to approve a rezoning of the following described land: 20.018 +/- acres in the NW '/4 of the SW 1 /4 and the NE '/4 of the SW ' /4, Section 31, T28N -R19W, Town of Troy. (See attnchedl Based on the following findings: 1. The parcel is in the rural planning area and is an appropriate use. 2. Access to the site is off Ilwaco Road to the South. The 56 -acre site can also access County Road F to the east. 3. The applicant states that the rezoning request is to allow the Boddys to purchase approximately 40 acres from Clausen to add to their existing 20 acres. They intend to continue farming the 60 -acre site. The remaining Clausen site will be approximately 16 acres. 4. The applicant states that the site was reviewed under the Town of Troy's 40/60 Farm Plan provisions in the subdivision ordinance. The site has 17 -lot development potential and 15 -acres of open space required. A conservation easement will be placed on 15 -acres including the existing farm buildings and the best land in the southwest portion of both sites. 5. The Town of Troy has reviewed the rezoning and recommends approval after considering §91.77 in making their recommendation. THEREFORE, BE IT NOW ORDAINED by the St. Croix County Board of Supervisors, meeting in regular session, that the 20.018 +/- acre parcel in the Town of Troy is now rezoned from Ag -II to Ag- Residential. Dated this day of a /cam r �r� �, 2005. ST. CROIX COUNTY PLANNING AND ZONING COMMITTEE RECOMMENDS DENIAL: RECOMMENDS APPROVAL: Jan Zoerb J oer Brian Hurtgen Brian H Lois Burri (absent) is Bum (a nt) Buck Malick Z ck M � Wallace Habhegger Wallace Habhegge I Adopted: Jac Ilcc'v i Y �3 0bs Attest Cindy Campbe 1, County Clerk STATE OF WISCONSIN COUNTY OF ST. CROIX 1, Cindy Campbell, St. Croix County Clerk, DO HEREBY CERTIFY that the foregoing is a true and correct copy of "hrGiy' r k 1 I C-k 5 adopted by the Countypoard of Supervisors at their meeting he d 1 0Cu C-L�"' Cindy Campbell, St. Croix County Clerk ` OGDEN ENGINEERING COMPANY, INC. JAME Profession Engineer Civil Engineering and Land Surveying Sofutions Since 1971 Registered Land Surveyor 1234 South Wasson Lane, River Falls, Wisconsin 54022 Certified Sal Tester Telephone (715)425 -7631 Fax (715 )425 -7965 Email: ogden @spacestar.net DANIEL R KUGEL Registered Land Surveyor Certified Sal Tester 04 -2742 FRANCIS H. OGDEN Professional Engineer Registered land Surveyor Robert and Kim Boddy 324 N. Ilwaco Road River Falls, WI 54022 DESCRIPTION OF BODDY PROPERTY TO BE REZONED FROM AGRICULTURE II TO AGRICULTURE - RESIDENTIAL A parcel of land located in the Northwest 1/4 of the Southwest 1/4 and the Northeast 1/4 of the Southwest 1/4 of Section 31, T28N, R19W, Town of Troy, St. Croix County, Wisconsin, being all of Lot 1, Certified Survey Map, Volume 9, Page 2672, Document Number 504456 and described as follows: Commencing at the West 1/4 corner of said Section 31; thence S00 °27'43 "E (Bearings referenced to the West line of said Southwest 1/4 of Section 31, assumed to bear N00 °27'43 "W) 1316.52' along said West line; thence N89 °32'26 "E 928.58' along the South line of said Northwest 1/4 of the Southwest 1/4 to the point of beginning; thence N00 °22'05 "W 1241.00' along the West line of said Lot 1; thence N89 °38'l 3"E 703.00' along the North line of said Lot 1; thence S00 °22'05 "E 1239.81' along the East line of said Lot 1; thence S89 °32'26 "W 703.00' along the South line of said Lot 1 to the point of beginning. This parcel contains 20.018 acres, more or less, being 872,005 square feet, more or less. Subject to all easements, covenants and restrictions of record. Date: January 13, 2005 Daniel P. Kugel 9 DANIEL P. KUGEL S -2684 RIVER FALLS. < W1 Q RECEIVED suav JAN 13 2005 ST. CROIX COUNTY ZONING OFFICE C TROY `W' PLAT T -28 -N • R- 20 -19 -W E (Lipdowm-) HUDSON 'W PAGE 26 See Page 112 For Additional Names. R20W 1R19A RD tr 6c Metsa 2 tr CA �\ 46wo S P ro w o_r. 35 ld= • pm,d 1 C 4 199 •oa. ss y6:�� --� FM , 1 ED ;;pp RD 2s STAG James a IF F ,1 LEAP Norman j 6' LN Iss w° `'� & Shirke tr am ° w RDING I A rI R * 1 , S- s w 200 VALLEY I "th A.W— 14_2 " RD 193 Eo • ewe w. tr ur. ■omald � E< aap�on tr o tr 40 'b � 3o G tr aV y was jai g s I E tr sx amec & u � 3 .� Woodruff ° E —�— 63 16 —_— 1 — .4 (� en x p am 6I E 46 en @: I 1, ¢ Ruesd. I ROLLING a r 159 ea D EAD 101 E u rAre= sect tms �6oe ° z a ceb ara�.. 1� nmver +o o � .on +o ss y i E tr Brenda tr tr � a Donald Decker i1P 120 1361 � r a tr etr Alvin 1 tl tr z Stock I Cernohewc I YP3 ° 1 r Trust I 7 40 166. 1 80. E p— Deb mZo e Q 3 MONT RD ti a tr 158 3 ¢ Q Iam 9 2 s4 148 MM 4 03 g WIM AudW ' t 4 Re raye�. o � I G G� c 74 Hoberg . „a z 187' &Heather = a ! A NDEa $r°thess I 35 ss • , Easton 7 f > DR RD Po e `• Pao! 6' u.e I' X 56 80 40 117 I j car rm.. 193 ,r RD i h 0 _31 Johnson Jr M 40 = $ 200 8ILWAGO RD 300 400 600 PB:RCE CO. Hammond New Richmond 577 Davis Street Highways 63,64.46 it 796.2323 246 -5186 Roberts Hudson Downtown . - A Family Tradition Since 1955" 900 N Division St. 100 Second Street - 749-3M 386-%91 River Falls Office Hudson Hill River Falls North 129 S. Main Street 1207 Coulee R60 Highway 35 North 386 -7404 �RFURAT11 425 -6371 River Falls, WI 54022 Bus. (715) 425 -8700 Hudson South Side Center River Falls South Fal (715) 425 -0331 1920 Crestview Drive 1025 South Main MLS 386-7 a25 -ssaa REA`T www.ediniftaity.com a fi i M' ST. CROIX COUNTY BOARD OF SUPERVISORS MEETING OF JANUARY 18, 2005 PLANNING, ZONING AND PARKS COMMITTEE REPORT SUBJECT: Report of the Planning and Zoning Committee decision recommending denial of the Duane and Elaine Solum rezoning request to rezone land from Agriculture to Ag -II. BACKGROUND: Duane and Elaine Solum requested that approximately 111.5 +/- acres of land be rezoned from Agriculture to Ag -11 in the Town of Cylon. The request is made to allow County Materials to operate a sand and gravel mine on the site. A hearing was held on December 1, 2004 at the Government Center in Hudson. There was concern by the Town and numerous adjoining property owners about the location of the site with regard to the close proximity to the Village of Deer Park and to the several homes surrounding the property. On December 10, 2004, the Town of Cylon filed with the Planning and Zoning Department a Resolution requesting a 20 -day extension to reply more clearly to the requested rezoning. On December 28, 2004, the Town Board of the Town of Cylon then filed a Resolution to Deny the rezoning request based on findings (attached). LOCATION: The property is located in Section 17, in the Town of Cylon FINDINGS: The Committee considered all written information and verbal presentations. p After careful consideration, the committee found: 1. Pursuant to Section 17.72(2)(c) of the St. Croix County Zoning Code; "The committee shall not recommend approval, but may only recommend disapproval or approval with modifications if it has received, subject to the time limits stated below, a certified copy of a resolution disapproving the proposed change adopted by the town board of a town affected by a proposed change in zoning district boundaries. The certified copies of disapproving resolutions must be filed with the Committee at the time of or within 10 days after the public hearing to have the effect described herein." The Cylon Town Board filed a Resolution requesting an extension to reply on December 10, 2004, and a Resolution to Deny the rezoning request on December 28, 2004. Therefore, the Planning and Zoning Committee must abide by the requirements set forth in Section 17.72(2)(c) and recommend disapproval of the rezoning request to the County Board of Supervisors. The Committee also found that there did not appear to be any modifications to the request that would meet the needs of the applicant and overcome the objections of the town. 4 ^Y 2. At its meeting on January 11, 2005, a unanimous vote was cast to deny the rezoning request for Duane and Elaine Solum based on the above ordinance requirements and on the testimony offered at the hearing and the record on file. DECISION: The committee recommends disapproval of the rezoning request to the County Board. REQUIRED BOARD ACTION: 1. Accept the report of the Committee, or 2. The Board may refuse to deny the petition as recommended by the Committee. In such event, the Board shall refer the petition to the Committee with instructions to draft an ordinance effectuating the petition and report the ordinance back to the County Board, which may then adopt or reject the proposed ordinance. RECEIVED Resolution – Town of Cylon D 2 8 2004 2004 -02 Re- zonement Solum Property – Section 17 S T. CROIX COUNTY ZONING OFFICE WHEREAS The Property located in Section 17 T3 IN RI 6W, part of the West ' /z of the NW '/4 and the NW of the SW, is currently zoned Exclusive Agricultural AND WHEREAS The Town of Cylon has not historically re -zoned large parcels out of Exclusive Agricultural AND WHEREAS The Town of Cylon does not have a completed Town Plan AND WHEREAS The October 2002 Land Use Survey results from the Town Residents request a continued Agricultural presence by over 70 %. AND WHEREAS The same survey did not strongly support non - metalic mining in the Town AND WHEREAS There other parcels located within St Croix County zoned Ag – Residential and Ag II AND WHEREAS Some Town Residents expect lowered property values AND WHEREAS Some Town Residents expect vastly increased traffic AND WHEREAS Some Town Residents expect increased noise AND WHEREAS Some Town Residents expect increased dust and dirt THEREFORE, BE IT RESOLVED That the Town Board of the Town of Cylon recommends denial of the requested re- zonement from Exclusive Agricultural to Ag H. DENIAL APPROVAL Tom Dorsey Tom Dorsey Dennis Erickson Dennis Eri cson ) #;�7 Randy Zemke Ra y e Attest: Sh//a��rleen M Croes, Clerk Date k1/, —�