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HomeMy WebLinkAboutPlanning & Zoning 02-27-02 Ix AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Wednesday, February 27, 2002 TIME: 7:00 p.m. hearing LOCATION: St. Croix County Government Center, (lower level community room) Hudson, WI CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES: UNFINISHED BUSINESS: OTHER BUSINESS: NEW BUSINESS: 1) Henry Lentz to rezone approximately 214 ( + / -) acres of land from Agriculture to Ag /Residential. Location: The NE '/4 of the SE ' / 4, Section 22, the S ' / 2 of Section 23, and a small strip of land located in the N '/4 of Section 26, T30N R20W, all in the Town of St. Joseph, St. Croix County, Wisconsin. ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office * Amended Items DATE: February 20, 2002 COPIES TO: County Board Office Committee Members County Clerk News Media /Notice Board MINUTES St. Croix County Planning, Zoning and Parks Committee February 27, 2002 St. Croix County Government Center, Hudson, Wisconsin Committee members present: Supervisors Ron Raymond, Linda Luckey, Art Jensen, Gerald Larson and Buck Malick. Staff present: Steve Fisher, and Deb Zimmermann Chairman Raymond called the meeting to order at 7:00 p.m. A motion was made by Jensen, second by Malick and carried to adopt the agenda. The next meeting will be March 12` . Raymond explained the hearing process and opened the hearing. Henry and Bernice Lentz: Fisher read the notice into the record. The request is to rezone approximately 200 acres of land from Agriculture to Ag /Residential. Location: A parcel of land located in the NE '/4 of the SE '/4 of Section 22, the S % of Section 23 and a small strip of land located in the N ' / 4 of Section 26, T30N -R20W, all in the Town of St. Joseph, St. Croix County, Wisconsin. Fisher added that a hearing was originally held on August 28, 2001 on this request. It was tabled for more information. Henry and Bernice Lentz are the owners of the property and live at 123 State Road 64, #1, Houlton, WI. Mr. Lentz said that they now have the land description problem taken care of and a new CSM and deed are now completed. The issues with the new highway alignment are not finalized as of yet, but the owners are aware that any development that happens on this property will have to comply with the rules that are imposed by the DOT. The current field drives and existing home access onto Highway 35/64. The two adjoining properties use a driveway easement owned by Lentz to access County Road E from their homes. The developer that they have been working with is waiting to see what happens with this rezoning before proceeding any further. The Town of St. Joseph does not have a cluster ordinance at this time, and may never have one. There is a plan in place right now that this rezoning request does comply with. Dan Gavin and Bob Marty, supervisors from the Town of St. Joseph, were in attendance, and stated that the Town of St. Joseph has approved of this rezoning request. Fisher stated that the Lentz's have answered the questions that have been raised and went over the information that was received and given to the committee. Fisher went over the staff report, the planning analysis and the GIS map. Fisher added that the Town of St. Joseph has a land use plan, and it is staff's opinion that the rezoning request conforms to the town plan, as well as the county plan. Fisher went over the DO T letter date 9/14/01 with the committee and a discussion was held on road accesses from the property. The DOT has no objections to this request. Keith Reyleau, 132 County Road E, Houlton, had some concerns about access and thought that there would be more restrictions on access if the new highway was not completed. Fisher told the committee that the Superintendent of schools, Dr. Bemth, was notified of this rezoning and responded by phone to the zoning office. He stated that according to the calculation they use, which is .4 children /single family home, this would only impact the school district with about 24 children. He did not believe that was significant, and had no opposition to the rezoning request. Mrs. Lentz told the committee that due to the topography of the land, there will only be approximately 48 lots. They do not plan to sell "the yard" (the original 38- acres). A lengthy discussion was held on the Thelen cemetery that is located on the property. The Historical Society has asked that a condition be placed on the rezoning to protect the cemetery area, and that a piece of the property be surveyed off in this process. The town may be required to take over the care and t maintenance of the cemetery. Gavin said that if the town needs to do this, will honor whatever is required by law. It was suggested that the town work with the Lentz's to remedy this, and to decide what size area should be set aside for the cemetery. It will be somewhere between one -fourth acre and one -acre. Mrs. Lentz said that a white vinyl fence will be placed around the cemetery area. A discussion was held on the town's action to recommend approval of the rezoning. Fisher stated that the town followed the proper procedure in doing this. Gavin told the committee that this has been a lengthy process for the Lentz's and reiterated that there is no CDO plan in the Town of St. Joseph, so need to follow the plan that is now in place. The Lentz's have done everything that the town has asked of them. Marty agreed with Gavin. Motion by Jensen, second by Luckey to close the hearing. After some discussion, a motion was made by Malick second by Jensen to recommend the rezoning from Agriculture to Ag /Residential with the following findings and conditions: 1) The land is in the rural planning area and is an appropriate use. 2) The environmental features include: steep slopes, drainageways, closed depressions and woodlands. 3) A small area of the site has soils with severe limitations for Private Onsite Wastewater Treatment Systems (POWTS). 4) The surrounding land uses include commercial sites, small acreage home sites, small farm acreages of 20 to 40 acres and traditional farms. 5) The site will be split by the proposed relocation of State Highway 35/64. 6) The proposed use of the land is residential development. It is unclear at this time what kind of residential development would occur. The applicants have proposed a clustered housing development, which would compliment and support the policies of the County Plan. However, the Town of St. Joseph does not have a cluster housing subdivision ordinance adopted so the rezoning must be reviewed as if traditional development, of 3 -acre lots, would occur. The Town has written a draft subdivision ordinance, but it is uncertain at this time that it will be adopted. 7) According to the application and supplemental information, the existing farm buildings and home will be retained with some of the acreage as a hobby farm. The hobby farm will provide a buffer to the commercial property to the west and the new highway. This should be retained regardless of whether traditional or cluster development is utilized. 8) A conventional development would be fairly consistent with the rural area. If conventional development is utilized on the site, there is the potential for 50 to 60 lots. There are several site limitations that would preclude full development. 9) The applicants and staff have contacted the Department of Transportation regarding access from STH 35/64. The applicants have demonstrated there is suitable access to the site. 10) The owners should be encouraged to preserve the environmental features and to be aware of the limitations associated with these features. The environmental elements should be incorporated into the development. 11) As the owners consider design elements, they should be encouraged to: protect the closed depressions and drainageways; use best management practices, erosion and sediment control and stormwater management for the steep slopes; and protect the interior woodland habitat. 12) The St. Croix County Natural Resource Management Plan Goals II, III and IV also encourages protection and preservation of surface waters and wetlands; fish and wildlife habitats; and agricultural land and soils to preserve ecological functions and recreational and scenic values and wildlife habitat. 13) The Ag Residential zoning designation for 200 acres does conform to the Town of St. Joseph Comprehensive Plan, dated 1995, and amended August 2, 2001. The Town amended the Land Use Plan to show the 200 acres as part of the Ag Residential area. 14) The Town of St. Joseph letter recommends the rezoning, after having considered Wisconsin State Statute 91.77 in their consideration. 2 15) The staff supports the rezoning request and believe the request to be consistent with the County Plan. With the following conditions: 1) The Town is to take over a cemetery of not less than ''A acre nor more than 1 acre. The cemetery is to be fenced. 2) No construction is to take place on slopes of 20% or greater. 3) Any road connecting County Road E to Highway 35 would have to connect on the NE part of the property and not run directly north/south. 4) The original 38 acres on the property is to remain a hobby farm for no less than five years, and not be subdivided during that time. The staff is to contact the Wisconsin Historical Society regarding the exact rules and required size for the cemetery and prepare an amended set of findings and conditions for Committee approval at the March 12, 2002 meeting. Discussion. A motion was made by Raymond, seconded by Luckey to amend the main motion to eliminate condition #4 regarding the original 38 acres remaining a hobby farm for 5 years, and to change condition #3 to strongly suggest, rather than require, the Town to follow the road connection idea. The amendment carried on a 3 to 2 vote. The motion, as amended, then passed unanimously. The staff will bring to the March 12 "' meeting for final approval. Meeting declared adjourned at 8:50 p.m. A Debra Zimme , Recorder 4 C. W. Malick, Secretary 3