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HomeMy WebLinkAboutRZ87586 006-1060-30-000 October 16, 2012 RZ87586 Rezoning Staff Report St. Croix County Community Development Committee Carl & Rosanne Erickson Hearing Date: October 25, 2012 Property Owners: Carl and Rosanne Erickson Agent: Edwin Flanum Site Address: 1946 240th Street Town: Cylon Property ID: 006-1060-30-000 File #: RZ87586 Legal Description: NE 1/4 of the SE 1/4, Section 27, T31N, R16W Total Acres: 23.44 Current Zoning: Agricultural District Requested Zoning: Agricultural District Two Attachments: 1. Application 2. Land Use Map BACKGROUND: Purpose for Request The Ericksons have applied to rezone a portion of their property from Agricultural to Agricultural District Two in order to sell 50 acres (to remain zoned as Agricultural) to a local farmer and to retain the remaining 23.44 acres containing the house and a shed. The minimum parcel size allowed in the Agricultural District is 35.0 acres, so in order to create or leave a remnant parcel that is less than 35.0 acres rezoning to another zoning district that allows a smaller size would be required. The minimum lot size required in the Agricultural District Two is 20.0 acres. If the rezoning request is approved then a legal lot must be created for the 23.44 acres through the County's Certified Survey Map process. General Features of the Property Based on county zoning maps this parcel is bounded by properties zoned Agricultural and Agricultural Residential. (Land Use Map I) - St. Croix County Development Management Plan — 2000-2020. The property does not contain any of the following: There is no Waterfowl Production Area, Prairie Remnant site, Sensitive Area (Wildlife), Scenic & Recreational Area nor Environmental Corridor. (Land Use Map II). There are also no closed depressions, Shoreland, Wetlands, Floodplain nor have Perennial Streams been identified. Portions of this property contain Limiting Soils for POWTS (Private Onsite Wastewater Treatment System — aka: septic systems.). There is also an Intermittent Stream that has been identified through the middle of the property. (Land Use Map III) There are no Probable Sand or Probable Gravel deposits or steep sloped areas. Productive Farmland has been identified, some of which is currently being used as a yard for the home and some of which is currently being farmed. The 50 acres that the Ericksons are selling will continue to be farmed. (Land Use Map IV) Prepared by St. Croix County Planning &Zoning-Department 1 October 16, 2012 RZ87586 - Access to the site is from 240th Street. GOVERNMENTAL AGENCY REVIEIIIT vim. * � .. ' =Ti The Town Board of Cylon has not yet provided a recommendation concerning the rezoning request. TECHNICAL REVIEW COMMITTEE FINDINGS St. Croix County Development Management Plan 1. The parcel is in the rural planning area and is an appropriate use. (Rural Planning Area, p. 1- 39) 2. The proposed use is consistent with minimum lot size requirements in the rural planning area. (Rural Planning Area Policy#4, p. 1-41) 3. The request is consistent with the surrounding neighborhood, countryside or terrain. (Land Use Policy 1, p. 1-44) 4. The proposed use has minimal potential to adversely impact storm water management. (Environmental Policy#1, p. 1-46) 5. The proposed use has minimal potential to adversely impact water resources with sedimentation resulting from erosion. (Environmental Policy#2, p. 1-46) 6. The proposed use has minimal potential to adversely impact shoreland areas or wetlands and closed depressions located in shoreland areas. (Environmental Policies #'s 6,7, p. 1-46) 7. The proposed use has minimal potential to adversely impact closed depressions or wetlands. (Environmental Policies #'s 8, 9, p. 1-46) 8. The proposed use is consistent with restricting development on slopes in excess of 20%. (Environmental Policy#'s15 and 16, p. 1-47) 9. The proposed use is consistent with policies to preserve woodlands, prairie remnants, unique open spaces, or environmental corridors. (Environmental Policies #'s12, 13, 17, 18, p. 1-46 & 1-47) 10. The proposed use is consistent with the County's policy to favor agricultural uses over non- agricultural uses when considering land use conflicts. (Agriculture Policy#3, p. 1-47) St. Croix County Natural Resources Management Plan 11. The proposed use is generally consistent with the goal to protect and improve groundwater quality to supply clean water for drinking and recharging surface waters and wetlands. (Plan Goal# 1, p. 33) 12. The proposed use is generally consistent with the goal to protect and enhance surface waters and wetlands to preserve their ecological functions and recreational and scenic values. (Plan Goal# II, p. 36) Prepared oy St. Croix County Pa ni, g &Zoning Department 2 r . October 16. 2012 RZ87586 13. The proposed use is generally consistent with the goal to protect and restore fish and wildlife habitats for native species, improved water quality, recreational opportunities, and natural beauty. (Plan Goal# Ill, p. 40) 14. The request is generally consistent with the goal to preserve agricultural land for crop production, scenic values, and wildlife habitat. (Plan Goal# IV, p. 42) 15. The proposed use is generally consistent or not in conflict with the St. Croix County Natural Resources Management Plan. General Issues, Consistency Land Use Ordinance 16. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 17. The proposed use is consistent with the spirit or intent of the Zoning Ordinance. APPLICABLE STATUTES AND CRITERIA: The Community Development Committee shall only grant approval for rezoning subject to the following provisions: 1. The rezoning is consistent with the St. Croix County Development Management Plan. 2. The rezoning is consistent with the St. Croix County Natural Resources Management Plan. 3. The rezoning and proposed use is consistent with the St. Croix County Zoning Ordinance and all other applicable Ordinances. 4. The Town has not disapproved of the request. 5. The proposed zoning is consistent with surrounding zoning districts and does not result in spot zoning. 6. The proposed use is consistent with surrounding land uses. Pursuant to Wisconsin § 91.48, rezoning requests shall meet the following criteria: 1. The land is better suited for a use not allowed in the farmland preservation district. 2. The rezoning is consistent with any applicable comprehensive plan. 3. The rezoning is substantially consistent with the county certified farmland preservation plan. 4. The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. COMMUNITY DEVELOPMENT COMMITTEE ACTION: Pursuant to Section 17.71(2)(b) of the Ordinance, the Community Development Committee may do one of the following: 1. Recommend approval of the zoning amendment, with or without conditions. 2. Recommend approval of the zoning with modifications, and with or without conditions. 3. Recommend disapproval of the zoning amendment. Pursuant to State Statute 59.69(5)(e), if the Committee has received a certified copy of a resolution adopted by the Town disapproving the proposed rezoning, the Committee may only forward a recommendation of disapproval or an approval with modifications. . .E _, w . 3 Y October 16, 2012 RZ87586 , STAFF RECOMMENDATION V t i q to i� m �E r# �.�a� �_ _._. K,.R� �..�.._.,m1�a���.y. ;�.....�.m.��.,m,..� r,..m.a, ' .�- .�sa.,arsa.,�.:,�- ir If staff receives a recommendation from the Town prior to the hearing that is in favor of this rezoning request: Staff recommends that the Committee approve the rezoning amendment for this parcel based on the following findings of fact: 1. Based on TRC findings (# 1-15) the rezoning is generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 2. The Town Board of Cylon has recommended approval of this rezoning request. 3. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 4. The proposed use is consistent with the spirit or intent of the Zoning Ordinance. 5. The request meets the requirements in WSS 91.48 (1). Prepared by St. Croix County Pia;-ning &Zoning Department 4 OFFICE OF COUNTY CLERK ST. C RO -r� C Z0U.�1TY ST. CROIX COUNTY GOVERNMENT CENTER 1101 CARMICHAEL ROAD Lf2 HUDSON,WI 54016-7710 PHONE:715.386.4610—FAX:715.381.4400 website:www.sccwi.us November 14, 2012 rnzPci -• w E NOV 14 201? Carl and Rosanne Erickson PLANNING zaNiFac ;: . 1946 240th Street Deer Park, WI 54007 RE: ST.CROIX COUNTY LAND USE ORDINANCE Dear Carl and Rosanne: Enclosed is a certified copy of: Ordinance #817 (2012) Amendment to St. Croix County Code of Ordinances Land Use and Development Chapter 17 - Zoning - Section 17.72 - Rezoning Amendment; rezoning land from Agricultural District to Agricultural District Two in the Town of Cylon. This Ordinance was adopted by the St. Croix County Board of Supervisors at the November 5, 2012 County Board session. The enclosed copy is for your records. Sincerely, e-0--&;9rA0 Cindy Campbell St. Croix County Clerk CRC:ah Enclosure c: Randy Zemke, Chairperson/Town of Cylon(w/enclosure) Edwin Flanum, Surveyor(w/enclosure) St. Croix County Planning &Zoning Dept. (w/enclosure) D ORIGINAL ST CROIX COUNT .ec ."4 0 File #:g231116 idiA 2Q ?��� REZONING Office Use Only PLANNING&ZONING ; " P P L I C ATI O N * � Revised 02-17-09 si �K°'Z0N1NG0 PLO REQUEST --, Pursuant to St. Croix County Zoning Ordinance § 17.72 and Wisconsin State Statutes § 59.69(5), I hereby petition the St. Croix County Board of Supervisors to amend the zoning district as follows on the parcel described herein: 23.44 ACRES from AGRICULTURAL to AG-II Acres to be Rezoned Existing Zoning District Proposed Zoning District h . = APPLICANT INFORMATION Property Owner: CARL&ROSANNE ERICKSON Contractor/Agent: EDWIN FLANUM 1946 240TH STREET P.U. BUX 152 Mailing Address: DEER PARK,WI 54007 Mailing Address: AMERY,WI 54001 Daytime Phone: ( 715 ) 246-7604 Daytime Phone: ( 715 ) 268-2454 Cell: ( ) Cell: ( 715 ) 222-1237 E-mail: E-mail: eflanum@northlandsurveying.com 7 mr, - SITE INFORMATION Site Address: 1946 240TH STREET, DEER PARK,WI 54007 Property Location: NE 1/4, SE 1/4, Sec. 27 ,T. 31 N.,R. 16 W.,Town of CYLON Computer#: 006 _ 1060 _ 30 _ 000 Parcel #: 27 . 31 . 16 418A Does a Farmland Preservation agreement exist on the site? Yes X No Applications are due on the 1st Monday of each month. Applications will not be accepted until the applicant has met with department staff and it has been determined that all necessary information has been provided. I attest that the informatio tailed in th' icat' is true and correct to the best of my knowledge. Property Owner Signature: 4P .--- '�"�, � f ---'""� Date E.---41/...,--. div Contractor/Agent Signature: Date OFFICE USE ONLY Date Accepted: ? b2(///et Accepted By: Fee Received ($1,100.00): $ /4 Receipt#: 70S-783". 715-386-4680 ST.CROIX COUNTY GOVERNMENT CENTER 715-386-4686 FAX PZ@CO.SAINTCROIX.WI.US 1 101 CARMICHAEL ROAD,HUDSON,WI 54016 WWW.CO.SAINT-CROIX.WI.US CHECKLIST FOR COMPLETE APPLICATION l l Original plus 10 copies of application packet to include: Ea Aerial Photo(can be obtained from County website at www.co.saint-croix.wi.us) L l Scaled map with exact boundaries of parcel to be rezoned. • Drawing:to include short term or long term plans for the property identifying future use,density,layout etc. Ll Completed rezoning questionnaire(page 3 of the application). M Intersection Warrants Analysis if required* 6 Property's most recent tax bill(this can be obtained at the County Treasurer's office)for proof of ownership. [J List of all adjoining land-owner names and mailing addresses(includes properties across roadways). ® Metes and Bounds description or boundary description(typically prepared by a registered land surveyor). l $1,100 application fee(non-refundable)payable to St.Croix County Planning&Zoning Department * You may be required to conduct an"Intersection Warrants Analysis"study to determine the traffic impact,and address safety concerns on major roadways. This study is conducted and financed by you and reviewed by the Planning&Zoning Department and St.Croix County Highway Department(call the Highway Department with questions at 715.796.2227) Please Note: Application materials should not include covers, binders or envelopes. Application packets should be collated and either stapled or paper clipped in the upper left-hand corner. All maps, plans, and engineering data must be submitted on paper no larger than 11" x 17". REZONING PROCEDURE The following process takes anywhere from 60 to 90 days to complete. Step 1,Pre-Application Meeting: Prior to submitting an application the landowner or their agent must schedule a meeting with County Planning and Zoning Department staff to discuss the application and the process. Since Towns have statutory authority to disapprove of a rezoning request, applicants are encouraged to also meet with Township officials prior to submitting an application to the County to ascertain their level of support for the request. Step 2,Application Submittal and Review: Applications are due on the Pt Monday of the month. Applications will not be accepted if the applicant has not met with staff prior to submitting an application. The application must include all items identified on the checklist. After a preliminary review,additional information may be requested. Once it has been determined that all requested information has been obtained the application will undergo an interdepartmental and interagency review. This review includes notification to the Town in which the request takes place. Step 3,Town Review and Comment: As identified in Step 2,the interagency review process involves notification to the applicable Town for their consideration and comment. Under Wisconsin State Statute § 59.69 Towns have the authority to disapprove a rezoning request before the County Board. While individual Towns may have different processes for review and comment back to the County.all Towns will likely place the rezoning request on an agenda for discussion and recommendation by their Town Board. The applicant should follow this process closely and ensure that the issue is placed on a Town agenda and a resolution supporting the request is forwarded to the County in a timely manner. Approval by the County is difficult to obtain without formal Town support. Step 4,Public Hearing: All rezoning requests must undergo a public hearing before the St.Croix County Planning and Zoning Committee. A notice of the hearing is published in local newspapers for 2 weeks prior to the scheduled hearing date. Notice of the hearing is also sent to the all adjacent property owners. Hearings are typically held on the third Wednesday of the month in Hudson following completion of the interdepartmental and interagency review. Step 5,County Board Approval: Upon approval by the Planning&Zoning Committee a recommendation is forwarded to the County Board for action at their next regularly scheduled meeting. Once approved by the County Board the rezoning is complete,pending any conditions that may have been placed on the approval. Page 2 of 3, Rev. 02/17/09 REZONING QUESTIONAIRE All rezonings are to be consistent with County landuse plans, County ordinances and other applicable local plans. Your application will be reviewed by staff and presented to the County Planning&Zoning Committee for consistency with the following ordinances and plans: St. Croix County Zoning Ordinance(Ch. 17), St. Croix County Land Division Ordinance(Ch. 13),St.Croix County Sanitary Ordinance(Ch. 12), St. Croix County Development Management Plan, St.Croix County Recreation Plan and the St. Croix County Land and Water Conservation Department Natural Resources Management Plan. It is the applicant's responsibility to show that their proposed use is substantially consistent with these ordinances and plans. Each ordinance and plan is available for review by contacting the Planning and Zoning Department or on the County website at www.co.saint-croix.wi.us To assist in determining how your proposed use relates to the aforementioned ordinances and plans,please answer the following questions on a separate sheet of paper and include them with your application materials. 1) Explain why you wish to rezone this property. Identify the proposed use if rezoned. SELLING 50 ACRES OF AG LAND TO AN AREA FARMER AND REMNANT PARCEL CONTAINING EXISTING HOUSE&SHED FALLS BELOW 35 ACRES.USE WILL REMAIN THE SAME. 2) Explain the compatibility of your proposed use with uses on existing properties in the vicinity of this site. USE REMAINS UNCHANGED AS A PARCEL CONTAINING A HOUSE AND SHED AND THERE IS AN ADJOINING PARCEL CONTAINING APPROXIMATELY 3.5 ACRES. 3) Explain any interaction that you have had with the Town in which this property resides and elaborate on any concerns they may have with your request. ED FLANUM(LAND SURVEYOR)MET WITH TOWN BOARD,NO CONCERNS WERE MENTIONED DUE TO AG-II PROPOSED REZONING. 4) Explain how the proposed use will affect stormwater runoff,wetlands or will impact any shoreland areas. NO IMPACT IS EXPECTED DUE TO NO CHANGE IN USE. 5) Discuss if the site has any wildlife,scenic or recreational value that should be protected or enhanced. Indicate if you are willing to pursue such efforts as part of your proposed use of the property. NONE 6) If the proposed use is residential development please submit a concept plan of an anticipated lot layout and describe any significant features on the site(wetlands,floodplain,poor soils,steep slopes,etc.)that either support development or are challenging. N/A 7) Discuss any additional issues your feel that supports the consistency of your proposed use with County ordinances and plans as well as any Town ordinances or plans. PARCEL IS REMAINING RATHER LARGE(23 ACRES)AND THE USE IS REMAINING UNCHANGED. 8) If proposing to rezone out of the Agriculture Zoning District,explain how your request does or does not comply with the following(Wisconsin State Statute § 91.77): (a) That adequate public facilities to accommodate development either exist or will be provided within a reasonable time. NO ADDITIONAL FACILITIES REQUIRED. (b) That the provision of public facilities to accommodate development will not place an unreasonable burden on the ability of affected local units of government to provide them. NO ADDITIONAL FACILITIES REQUIRED. (c) That the land proposed for rezoning is suitable for development and development will not result in undue water or air pollution, cause unreasonable soil erosion or have an unreasonably adverse effect on rare or irreplaceable natural areas. NO ADDITIONAL DEVELOPMENT PROPOSED. Page 3 of 3,Rev. 02/17/09 ERICKSON PARCEL TO BE REZONED (AG to AG-II) Parcel of land located in part of the NE1/4 of the SE1/4, Section 27, T31 N, R16W, Town of Cylon, St. Croix County, Wisconsin; described as follows; Commencing at the SE corner of Section 27; thence N01°47'41"W, along the east line of the SE1/4 of said Section 27, 1743.92 feet to the point of beginning; thence continuing N01°47'41"W, along said east line, 566.39 feet to the south line of a parcel of land described in a Special Warranty Deed recorded in Document Number 935148; thence S89°46'14"W, along said south line, 445.67 feet to the west line of said parcel; thence N01°47'41"W, along said west line, 330.12 feet to the east-west 1/4 line of said Section 27; thence S89°46'14"W, along said east-west 1/4 line, 858.73 feet to the west line of the E1/2 of the SE1/4 of said Section 27; thence S01°35'03"E, along said west line, 892.82 feet; thence N89°55'42"E 1307.78 feet to the point of beginning. Described parcel contains 23.44 acres (1,021,017 SQ. FT.). Described parcel is subject to town road (240TH Street) right-of-way and all other easements, restrictions and covenants of record. } Ir - g g o D.E,'a ) { 2 hi \ .w : y g G ,• \ '7e o0 C / 3 Cl) 2 3 / \ \ \ / ) \ ~ = Cl) L..- m \ \ PY //,/// //7///- �— J. } �\ \ . . \ o 9 m \ 4 \ -0 « ` . / \ ] 2 90 / \ < . ¥ % a _ 7 \ _ . 3 = 3 ? i / \ % 4 \ / 4 \ 4 — \ cn / 2 z/ \ } { \ » % /` R a / \ { $ 7 2 2 / e \ / ƒ -I/ » / 9 = , cn / \ 2 r, = 2 / / k \ $ \ $ \ $ / 2 = ! / \ / \ � r- \ 0 -< ® m w G / / y 1— y i \ \ § _ \ ) 1. , ERICKSON REZONING -ADJOINING LAND OWNERS ADAM SCHACHTNER 1948 240TH ST DEER PARK, WI 54007 SCOTT W & LESLIE C SVACINA 1170 220TH ST BALDWIN, WI 54002 LATON N & RANAE J HENDERSON 7 120TH ST DEER PARK, WI 54007 RICHARD A&GAYLE M TR SULLWOLD 2424 HWY 63/64 EMERALD, WI 54013 Ordinance No. 817 (2012) AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES ST. C R()IX• - IJNTY LAND USE AND DEVELOPMENT CHAPTER 17 ZONING f, sti`�`tSc=� SECTION 17.72 REZONING AMENDMENTS - CARL & ROSANNE ERICKSON,TOWN OF CYLON 1 The St. Croix County Board of Supervisors does ordain as follows: 2 3 WHEREAS, Carl and Rosanne Erickson applied to St. Croix County Planning and Zoning 4 Department to rezone approximately 23.44 acres in the NE1/4 of the SE 1/4 Section 27, T31N,R16W, 5 in the Town of Cylon,from Agricultural District to the Agricultural District Two; and 6 7 WHEREAS, the St. Croix County Community Development Committee held a public 8 hearing on the rezoning request on October 25, 2012 in the St. Croix County Government Center, 9 Hudson,Wisconsin; and 10 11 WHEREAS, the St. Croix County Community Development Committee considered all 12 written information and verbal testimony presented at the hearing, and made the following findings 13 in support of the request: 14 1. The Town of Cylon has recommended approval of this rezoning request. 15 2. The request is consistent with the St. Croix County Development Management Plan 16 and the St. Croix County Natural Resources Management Plan based on: 17 a. The parcel is in the rural planning area and is an appropriate use. 18 b. The proposed use is consistent with minimum lot size requirements in the rural 19 planning area. 20 c. The request is consistent with the surrounding neighborhood, countryside or 21 terrain. 22 d. The proposed use has minimal potential to adversely impact stormwater 23 management. 24 e. The proposed use has minimal potential to adversely impact water resources with 25 sedimentation resulting from erosion. 26 f. The proposed use has minimal potential to adversely impact shoreland areas or 27 wetlands and closed depressions located in shoreland areas. 28 g. The proposed use has minimal potential to adversely impact closed depressions or 29 wetlands. 30 h. The proposed use is consistent with restricting development on slopes in excess of 31 20%. 32 i. The proposed use is consistent with policies to preserve woodlands,prairie 33 remnants,unique open spaces, or environmental corridors. 34 j. The proposed use is consistent with the County's policy to favor agricultural uses 35 over non-agricultural uses when considering land use conflicts. 36 k. The proposed use is generally consistent with the goal to protect and improve 3 7 groundwater quality to supply clean water for drinking and recharging surface 3 8 waters and wetlands. 3 9 1. The proposed use is generally consistent with the goal to protect and enhance 40 surface waters and wetlands to preserve their ecological functions and recreational 41 and scenic values. Page 1 42 m. The proposed use is generally consistent with the goal to protect and restore fish 43 and wildlife habitats for native species, improved water quality, recreational 44 opportunities, and natural beauty. 45 n. The request is generally consistent with the goal to preserve agricultural land for 46 crop production, scenic values, and wildlife habitat. 47 3. It appears that the proposed use can comply with standards in the Land Use, 48 Subdivision and Sanitary ordinances. 49 4. The proposed use is consistent with the spirit or intent of the Zoning Ordinance. 50 5. The request meets the requirements in WSS 91.48 (1). 51 52 THEREFORE, the following described parcel is hereby rezoned from the Agricultural 53 District to the Agricultural District Two: 54 Farce!of'Land located in pan of the NE1/4 of the 5E1/4,Sector 27, 31 fit.RIM;Town o-Cybbn,St.Croix Couns', Wisconsin;described as follows; Commencing at the SE core=.:of Section 27;thence 1451'47 41 V`,aiorg the east tin of the SE'r of said Section 27,174-3 92 feel to the p /nf of beginning;thence continuing NO1'47411t`,a o,v Maio east line.,566in`eitc the south lih.o of a parce: of land desoobed in a Special Warranty Deed recorded in Document Number 935148;thence S89°4614W,along said south line,44167 feet to the west line of said parcel;thence NO1'4.7'4 W along said west line,333.12 fee',to the east-weal 114 line of said Setif: O thee-o•e S39`4rj i4'r;i,along said east-west 1/4 I 858.73 feet to the west line the i12 of the S_ of sad Section 27;thence St71°35u:`E,alottl said west line,892.8 , et.;„Teed Na9”.55'427.1207,75Tea to the po;n11 of �� l i 2 4.;7' beginning.Described p3 tee.contains i�.�4 acres�I,i:r:;011 SC. ��.l�.rc'1:1.,..parcel:.subject to town road�� •7'f� Street)rignt-of-way and ail other Basements,rostrcticrrc and covenants of record. 55 Sponsored By: Community Development Committee on October 25, 2012 Administrative Approval: •STATE OF WISCONSIN COUNTY OF ST.CROIX I,Cindy Campbeh,St.Cro County Clerk,DO HEREBY CERTIFY that the foregoing is a true and correct copy •-\> ,lihonCL 53 1-) adopted by the County Board of Supervi ors Patrick Thompson,County Administrator 10/25/2012 at their meeting-held /i S~ 2Or`9 (�114 ail. e7/7 Zy t Cindy Campbell,St.Croix County Clerk St. Croix County Board of Supervisors Action: Roll Call -Vote Requirement— RESULT: ENACTED BY CONSENT VOTE [UNANIMOUS] MOVER: Dave Ostness, Supervisor SECONDER: Fred Yoerg, Supervisor AYES: Travis Schachtner,Agnes Ring,Tim Hood, Daryl Standafer, Fred Yoerg, Buck Malick, Chris Kilber, Richard Ottino, Dave Ostness, Roger Larson, Fred Home, Ron Kiesler,Andy Brinkman, David Peterson,Joe Hurtgen, Brian Hurtgen, Duane Russett,William Peavey ABSENT: Tom-Hawksford This Ordinance was ENACTED by the St. Croix County Board of Supervisors on November 5, 2012 Cindy Campbell, County Clerk 56 Page 2 Ordinance No. ST. RO NT' AMENDMENTS TO ST. CROIX COUNTY CODE OF :C44r. ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Section 17.71 Rezoning Amendments 1 The St. Croix County Board of Supervisors does ordain as follows: 3 WHEREAS, Carl and Rosanne Erickson applied to St. Croix County Planning and Zoning 4 Department to rezone approximately 23.44 acres in the NE1/4 of the SE 1/4 Section 27,T31N,R16W, 5 in the Town of Cylon, from Agricultural District to the Agricultural District Two; and 6 7 WHEREAS, the St. Croix County Community Development Committee held a public 8 hearing on the rezoning request on October 25, 2012 in the St. Croix County Government Center, 9 Hudson, Wisconsin; and 10 11 WHEREAS, the St. Croix County Community Development Committee considered all 12 written information and verbal testimony presented at the hearing, and made the following findings 13 in support of the request: 14 1. The Town of Cylon has recommended approval of this rezoning request. 15 2. The request is consistent with the St. Croix County Development Management Plan 16 and the St. Croix County Natural Resources Management Plan based on: 17 a. The parcel is in the rural planning area and is an appropriate use. 18 b. The proposed use is consistent with minimum lot size requirements in the rural 19 planning area. 20 c. The request is consistent with the surrounding neighborhood, countryside or 21 terrain. 22 d. The proposed use has minimal potential to adversely impact stormwater 23 management. 24 e. The proposed use has minimal potential to adversely impact water resources with 25 sedimentation resulting from erosion. 26 f. The proposed use has minimal potential to adversely impact shoreland areas or 27 wetlands and closed depressions located in shoreland areas. 28 g. The proposed use has minimal potential to adversely impact closed depressions or 29 wetlands. 30 h. The proposed use is consistent with restricting development on slopes in excess of 31 20%. 32 i. The proposed use is consistent with policies to preserve woodlands,prairie 33 remnants, unique open spaces, or environmental corridors. 34 j. The proposed use is consistent with the County's policy to favor agricultural uses 35 over non-agricultural uses when considering land use conflicts. 36 k. The proposed use is generally consistent with the goal to protect and improve 37 groundwater quality to supply clean water for drinking and recharging surface 38 waters and wetlands. 39 1. The proposed use is generally consistent with the goal to protect and enhance 40 surface waters and wetlands to preserve their ecological functions and recreational 41 and scenic values. 42 m. The proposed use is generally consistent with the goal to protect and restore fish 43 and wildlife habitats for native species, improved water quality, recreational 44 opportunities, and natural beauty. 1 45 n. The request is generally consistent with the goal to preserve agricultural land for 46 crop production, scenic values, and wildlife habitat. 47 3. It appears that the proposed use can comply with standards in the Land Use, 48 Subdivision and Sanitary ordinances. 49 4. The proposed use is consistent with the spirit or intent of the Zoning Ordinance. 50 5. The request meets the requirements in WSS 91.48 (1). 51 52 THEREFORE, the following described parcel is hereby rezoned from the Agricultural 53 District to the Agricultural District Two: 54 Parcel of arid located in part of the NE1/4 of the SE1/4,Section 27,T31 N,R16W,Town of Cylon,St.Croix County, Wisconsin;described as follows; Commencing at the SE corner of Section 27;thence N01°4T419/,along the east line of the SEl of sad Section 27,1743.92 feet to the point of beginning;thence continuing N01'47'41 N,along said east line,566,39 feet to the south line of a parcel of land described in a Special Warranty Deed recorded in Document Number 935148;thence S89°46'14''/,along said south line,445.67 feet to the west line of said parcel;thence N01`47'41'W,along said west line,330,12 feet to the east-west 1/4 line of said Section 27;thence S89`4E'1-"W,along said east.west 1/4 lirre,858,73 feet to the west line of the E1/2 of the SE of said Section 27;thence S01°35`03"E,along said wee line,892.82 feet;thence N89055`42"E 1307.78 feet tc the point of beginning.Described parcel contains 23.44 acres 1,021,017 SQ.[T.t.Described parcel is subject to town road 240T1-1 Street)right-of-way and all other easements,restrictions and covenants of record. 55 2 Kevin Grabau I, From: Alex Blackburn Sent: Monday, October 22, 2012 10:30 AM To: Kevin Grabau Subject: FW: Carl Erickson CSM approval Here's the Town input on the Erickson rezone. Alex Blackburn St. Croix County Zoning Specialist 715-386-4684 From: Brenda Kaczmarski jmailto:cylonclerk@ gmail.com] Sent: Sunday, October 21, 2012 4:57 PM To: Alex Blackburn Subject: Carl Erickson CSM approval Alex: Below is the email sent to you on September 14 regarding the approval of the Carl Erickson CSM. Ed Flanum, Erickson's surveyor tells me you haven't received it. Brenda Kaczmaraski, Clerk Town of Cylon Forwarded message From: Brenda Kaczmarski<cylonclerk@gmail.com> Date: Fri, Sep 14, 2012 at 4:52 PM Subject: Carl Erickson rezone To: Alex Blackburn<Alex.Blackburn@co.saint-croix.wi.us> September 14, 2012 St. Croix County Planning & Zoning Please be advised on September 12, 2012 the Cylon Town Board approved rezoning of the Carl Erickson property, as shown on the approved certified survey map, located at 1946 240th Street, Deer Park WI,with rezone to AG-II. We found the request to be consistent with Wisconsin State Statute 91.77, in regard to public improvements. Please feel free to contact me should you need further information. Sincerely, Brenda Kaczmarski, Clerk Town of Cylon i ... , . , ..• ,. „.,,, . .. 2 EA . ' '' ',' ,,,. . . . ,,,-.,,-,.,!..,, ..,.. .„., .. • -...'- ,7.7.` ..-, -.1,..-„, --------,--7 :,.. - (7. . 11°- a F `?,, 0 ',2 c, ° - - • , • — •.., -0 02 a I§ 4 !la g * " 2S'' 3 - - ,. ... l' ',' '' • , . - . . .... ' . ' , - .., • . ' „ , _ __ .., ,., ..,. , - ' A:1. ••• -I., ' ' • ' • . . ' .. .. .1'7.51. ., . • • k . ! •'--',„,. . .7-•:„:''',1`,,c,,,',...#i-,0, .. • • . . ... o . . • 4',1 . ..... . . -,.. . .„, .....1 0 ,. it. .0 - f•-• ' ' ,,t• ; ,-: 1 ..* ..... * t4, 1 .*" 'of.. 1. . .. .•! , . •,.. •- . i ,,, ,,.. •,. •;'• \ '- , ., <.J-1 .,.' . •-. ,-, ....• • I I 1 . • p p p° o c cry w� y�Dm «.. a8A 2 m o o b. 3 bx tI1 N O z a a , , x �m� , N m o ..,. 4 • • s Z - w rn. VI P,, rn 41. M • 4 ST yatr i c a a ✓ • . C !'. ` , 4, CS UNfl' PLANNING ZONING & ic_tNI October 12, 2012 ``� t,,_ v. 2 Carl & Rosanne Erickson '� 1946 240th St s Deer Park, WI 54007 ti, Dear Applicant(s): Code Administration 715-386-4680 . Re: Applicant Notice of Public Hearing Land Information& Planning 1 The St. Croix County Planning and Zoning Department has scheduled a public 715-386-4674 hearing to consider your recent zoning application. The attached notice identifies the :; date, location and time for the hearing. Either you or a representative should be Real Property present to discuss your request and to clarify any questions that the convening body 715-38,6 4677 may have. Recycling 715-386-4675 Should you have any questions regarding the attached notice, please do not hesitate to contact the Planning and Zoning Department at the number identified herein. w Best Regards, . i<1110.);,‘,...- .jV.,frii,129.1 ........._. Kevin Grabau Code Administrator 'wry KG/ml td, cc: Surveyor— Ed Flanum, PO Box 152, Amery, WI 54001 �c Town Clerk — Cylon "",,, File #RZ87586 Enclosure 4 ...-a.....y..or. ..,,.,wy....:... .G:.-.. ,.a.moo .:..,m.. ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, WI 54016 715-386-4686 FAx WWW.CO.SAINT-CROIX.WLUS PZC�CO.SA/NT-CROIX.W!.US SI 0 , *IX Cat IN I Ni AAA P t A\NINING ZONING October 12, 2012 adjoining landowners Dear Landowner(s): Re: Adjoining Landowner Notice of Public Hearing Enclosed is the notice for a public hearing for land which adjoins your property. codeAdministraucm Please take note of the time and place of the hearing. You are welcome to attend the 715-386-4680 11 hearing to make your approval or opposition known. Land Information 8c Planning Should you have any questions, please feel free to contact me at our office. 715-386-4674 Best Regards, Real Property 715 3 4-4677 A pA Recycling v 715-386-4675 K vin tau »m, Code Administrator KG/ml At cc: File#RZ87586 Enclosure tari ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, WI 54016 715386-4686 FAX PZ000.SAINT-CROIX.WI.US WWW.CO.SAINT-CROIX.WI.US PUBLIC HEARING NOTICE The St. Croix County Community Development Committee will be conducting a public hearing on October 25, 2012 at 6:30 p.m., at the St. Croix County Government Center, County Board Room, 1101 Carmichael Rd., Hudson, Wisconsin, to consider the following petition(s): REZONING APPLICANT: Carl & Rosanne Erickson LOCATION: Part of the NE1/4 of the SE1/4, Section 27, T31N, R16W, Town of Cylon ADDRESS: 1946 240th St, Deer Park, WI REQUEST: To rezone approximately 23.44 acres from Agriculture to Agriculture II pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Information on this petition may be obtained from the office of the St. Croix County Planning and Zoning Department, Hudson, Wisconsin. In the case of cancellation of this hearing, such notice will be announced on WIXK and WEVR Radio Stations, or call the Planning and Zoning Department at 715-386-4680 before 5:00 p.m. Agnes Ring, Chair Community Development Committee 2 ."------, . \ ••••••----4,---, ,,, ..-- ,:t ... ... : • e) ' L'—* ' .j. i '' *I ...at_. ....,.. 1 ---.? „,. .„.. .,...., ,...._ ,........,_ ,.., 0 ,,,,,_ ,,..,....i ,.1 ,.T. t - -04....4,A._,-!.9 - .'7'.*." —'—_,..----". -- c... I • . . r i.e. , 1 . Atli IA ..--! I . - ' ...t .. ,.. - :‘'..L ''..:e . ...; ' l— I .,.7 .... .....' , I (;i7 j . —.......,-- /''.14—lit MAI i 1 ......=. ..:1 lb 1 - . . ,... 1----, ( ,,--• P1' 1 f %. CI:k ) "IN I,1--. I ••*,. il iI . — • ,7-.. Ornik mn ;_r-----i. •j , , C N II,-r .. :I. . ... .........D.: .,.. go Nid ..... x . .7- i „-. . 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'i. ► n „, f —. — ara� — N , Fu1 I01 w _.�..�.._. o�O $ o , to gi O .;///�?.+o > ' ---- 240THS / L. -- ,_. oo.m7, so : 1) 3 b7 �� oo x< i 0. /' --b W — , . x 1 t I 6 5 -- - -- 0% III--— —� I N I r m ^ n g o A w a a p, W a w V .' w a w 3 i �. :. l n 1 �O E » F 3 m w g o w 6 k v m a 1 y n M (Ap n H o A a r. o c o HR' o o o � 0NBo% i oFA I .„j w,p , p N L_ _=w — a H ',n� e p r o3. C3. 9 G a n F il d G .3 ►. � 0 if Pr? P $ ' Papa Me a Ca n 6 m p a 3 ro o m ^ a y I 0 9 0 o ' Eyo 4� TEg.'$ 8 a a h a . ' 'k. `� A \\ ... N." . . I `', vv A -— _, .r`, \\\ \ \ r...l_ _`���_ Official County Zoning Map Town of Cylon St. Croix County, Wisconsin T31N, R16W POLK-ST CROIX POLK-ST CROIX RD RD POLK SAINT CROIX RD _ - -- ____-_ _ +-_-_-_--:-- --- ------ ------ --- NV {{II �� 11 El 1^l 1 23dTH ] t, - -- ill A ^._._. ' 2 ,36TH f, AVE 1' 236TH_ ■ ..-_.....__... x-- 1_'_.___-.-. Av _5 1 4 F r �__— ■ ✓ �� I ry N I , I't II 111 2IM M , �3o HT " 1 DEER ,l PARK 1 __ 10 - -I 12„ .".Mi1_ t ■ 9 iF 1 ,•"- s I,J Iiiii:''OTHrO 220TH Ili......AV , - '` AV All AV �r^ i 218TH; l h II n 215T�FT` L, _J 1C�" 215T / I o v 18 ■Av 17 ` ` 4,4" 13 lit ! of 5 {I I 210Titi 207T AV III I I I NW III I L 205T ad II^ 20 it 23 2.4 -- —� \ I 20(TH kmaJr -.. ...,... .........,,:sue.tn..,.-..... -. ■a RI 1 II I k , 1 30 29 ~ 28 26 25 1 I f 0 I — I , N 1 I = NI r 1 0 63/.. a" 1 1 1 4 NIIN im IS'I: AVHI 33 84T4 35 36- ._,_ 1 I .111111 i.",mumnii-— ril i -E \ = o —_ = N S I = ---_ 1 ft,-, 1---L, 1 1 1 ZoningDistricts St. Croix County Planning &Zoning N 1101 Carmichael Rd. w'!•) E Hudson, WI 1111 Residence Conservancy '�W' Phone: 715.386.4680 s Email: pz@co.saint-croix.wi.us Agricultural Residential Agricultural 1.41,200 www.co.saint-croix.wi.us Commercial Agricultural Two This official county zoning map is a visual representation of the zoning district boundaries as created and amended by the St. Croix El Industrial County Board of Supervisors through county zoning ordinance amendments on file with the St. Croix County Clerk. Contact the Planning &Zoning Department for floodplain, shoreland, and wetland zoning. Date Printed: 1/9/2013