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HomeMy WebLinkAboutResolution 2022 (21) Resolution No. 21 (2022) ST. CROP-, a ,NTH TOWN OF TROY REZONING 35 ACRES FROM EXCLUSIVE AGRICULTURAL ZONING DISTRICT TO COMMERCIAL— GENERAL RETAIL AND SERVICE ZONING DISTRICT COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, County Administrator Ellen Denzer, Director, Community Development DATE: June 7, 2022 AGENDA ITEM: Town of Troy Rezoning 35 Acres from Exclusive Agricultural Zoning District to Commercial — General Retail and Service Zoning District BACKGROUND INFORMATION Wisconsin Statute § 60.62(3)requires that counties review and approve all amendments to town zoning ordinance text and maps prior to the amendment taking effect. The Town of Troy,which has a town zoning ordinance,has approved a map amendment(rezoning) and zoning ordinance text amendments that require County Board approval. The amendments are summarized as follows: REZONING: The proposed rezoning of property is for 35.267 acres of property located at the southwest quadrant of the intersection of Glover Road and State Highway 935 - see location map. The zoning would change from the Exclusive Agricultural District(AG)to the Commercial-General Retail and Service District.The rezoning is consistent with the Town's Future Land Use Plan that designates the subject property as "Commercial Corridor". The Community Development Department has reviewed the information provided by the Town of Troy regarding the rezoning of the land,the Town's Comprehensive Plan(Future Land Use Map),and the process and procedures for town review and adoption and recommends approval of the resolution to approve the rezoning in the Town of Troy. ZONING ORDINANCE TEXT AMENDMENTS: A series of zoning text amendments to Chapter 170 of the Town Zoning Ordinance were also approved by the Town that need County approval and are summarized below: 1. Chapter 170 - Section K: Text amended to allow "Adult Living and Learning Facility" and "Condominium Garages"as uses allowed through a PUD (Planned Unit Development)process in the Commercial - General Retail and Service Zoning District. 2. Chapter 170 - Section T: Text amendment for "Antennas, Mobile Service Facilities and Mobile Service Support Structures"to comply with changes in State Statutes. The Town Board approved the rezoning and zoning ordinance text amendments on March 17,2022. There will be two resolutions for Community Development Committee/County Board consideration - one for the rezoning and the other for the text amendments. ** Town information including the public hearing notice, applicable meeting minutes and the proposed zoning ordinance text amendments are included in the agenda packet.New language in the updated ordinance is underlined and deleted language is fir. Questions -Please contact: John Hilgers, Senior Planner, St. Croix County john.hil rers d)sccwi.rov or 715-386-4672 Resolution No. 21 (2022) STCROP-, a ,NTH TOWN OF TROY REZONING 35 ACRES FROM EXCLUSIVE AGRICULTURAL ZONING DISTRICT TO COMMERCIAL— GENERAL RETAIL AND SERVICE ZONING DISTRICT 1 WHEREAS, EW Homes, Inc. and Thomas Morrow own 35 +/- acres of land in the Town 2 of Troy, that is zoned Exclusive Agricultural; and 3 4 WHEREAS,the subject parcel is legally described as follows: 5 6 Part of the Southwest Quarter of the Southeast Quarter and part of the Northwest Quarter of the Southeast 7 Quarter of Section 15, Township 28 North, Range 19 West, Town of Troy, St. Croix County,Wisconsin; 8 described as follows: 9 Commencing at the south quarter corner of said Section 15,'thence N00*27"27"W, allongi the nouth south gluarrter line of said section 1425.54 feet to the Point of Beginning thence continue NDO'27'27°"W' along said north south quarter line„ 1223.03 fleet to a point on the east-west quarter line of Section 15 thence, along said east-west quarter Ilene, N16 °11p 1 'E. ai distance of 274.49 feet to the westerly boundary of propeity described in Warranty Geed, Document No. 538115 in the Register of Bleeds for St Croix County, thence, the following laemng alongi the westerly and southwesterly boundary of Mast said property, Stag° 2 2 "E a distance of 2563 feet,thence 49*57"51'E a distance of 430,09 feet„ thence N8 `2 °16"E a distance of 313.54 feet„thence S4447" 2*E ai distance of 597.04 feet to the east. line of said Northwest Quarter of the Southeast Quarter, thence along llast said east line„ OO!'2 "55'E a distance of 461.77 feet;,thence S57"15"5 "'W a distance of R86 70 fleet;; thence N'52" ' f1°'W a distance of 73169 feet to the Point 10 of Beginning. 11 12 ; and 13 14 WHEREAS,the owners have petitioned the Town of Troy to rezone subject property from 15 Exclusive Agricultural to Commercial - General Retail and Service District for development 16 purposes; and 17 18 WHEREAS, following a duly advertised public hearing notice as required by law, the 19 Town of Troy Plan Commission held said public hearing on March 10, 2022 and recommended 20 approval of the rezoning application for the 35 acres from Exclusive Agricultural to Commercial 21 - General Retail and Service Zoning District; and 22 23 WHEREAS, the Town of Troy Town Board met on March 17, 2022 to consider the 24 recommendation of the Plan Commission and approved the rezoning application; and 25 26 WHEREAS, Wis. Stat. § 60.62(3) states that in counties having a county zoning 27 ordinance no town zoning ordinance amendment is effective unless approved by the county 28 board; and 29 30 WHEREAS, St. Croix County has a zoning ordinance; and 31 32 WHEREAS, the Community Development Committee has reviewed the proposed 33 rezoning and recommends approval. 34 35 NOW,THEREFORE,BE IT RESOLVED by the St. Croix County Board of Supervisors 36 that the rezoning to the Town of Troy Zoning Ordinance described above is hereby approved. Resolution No. 21 (2022) STCROP-, a ,NTH TOWN OF TROY REZONING 35 ACRES FROM EXCLUSIVE AGRICULTURAL ZONING DISTRICT TO COMMERCIAL— GENERAL RETAIL AND SERVICE ZONING DISTRICT Legal—Fiscal—Administrative Approvals: Legal Note: Fiscal Impact: No Impact -LI RA , a MA�- Heat; er mos,Corporation Counsel 5/12/2022 0 n on, Finance Dir or S5/13/2022 ICr. k%W k"X u y 4dmin Wtr r 5/13/2022 05/19/22 Community Development Committee RECOMMENDED ........ ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... RESULT: RECOMMENDED [UNANIMOUS] MOVER: Shawn Anderson, Supervisor SECONDER: Ryan Sherley, Supervisor AYES: Anderson, Counter, Hansen, Sherley, VanSomeren ABSENT: Dick Hesselink Vote Confirmation. -RIP" ansen ComrnunityD welopneint,Chairman 5/24/2022 St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— Majority of Supervisors Present ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... .................. RESULT: ADOPTED BY BOARD OF SUPERVISOR BY CONSENT VOTE [UNANIMOUS] MOVER: Dave Ostness, Supervisor SECONDER: Daniel Hansen, Supervisor AYES: Lind,Anderson, Long, Leaf, Koch, Adams, Berning, Ottino, Feidler, Ostness, Counter, Hansen, Sherley, Tellijohn, Carlson, Barcalow, Swanepoel, VanSomeren, Ramberg This Resolution was Adopted by the St. Croix County Board of Supervisors on June 7,2022 Christine Hines, County Clerk