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HomeMy WebLinkAboutOrdinance 2002 (611) ORDINANCE AMENDING CHAPTER 17 ST. CROIX COUNTY LAND USE ORDINANCE REZONING LAND FROM AGRICULTURE O AG - RESIDENTIAL ORDINANCE NO. Lo // as � 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, Zoning and Parks 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, Zoning and Parks Committee held a public hearing on the rezoning request of HENRY AND BERNICE LENTZ on February 27, 2002, in the St. Croix County Government Center in Hudson, Wisconsin; and WHEREAS, the St. Croix County Planning, Zoning and Parks Committee having considered all written information and verbal testimony presented at the hearing, and finding that the request meets the requirements of Wis. Statute 91.77, voted to approve a rezoning of the following described land: SEE ATTACHED Based on the following findings: 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. 15) The staff supports the rezoning request and believe the request to be consistent with the County Plan. With the following conditions: 1) There is an existing historical cemetery on this site. The size of the cemetery to be protected is approximately .9 to 1 acre. Maintenance of the cemetery, fencing of the property and access to be handled consistent with the State Statutes and State Historical Society policies governing this issue. There are deeds on file identifying the legally described ingress and egress to the cemetery. This access must be maintained as legally described. An agent of the Wisconsin Historical Society has stated that surveys are normally required of the cemetery and the access. These surveys are to be filed with State Historical Society. 2) No construction is to take place on slopes of 20% or greater, without a special exception permit. 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JOSEPH, ST. CROIX COUNTY, WISCONSIN; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 23, THENCE S89° 59'28 "E ALONG THE SOUTH LINE OF THE SE1 /4 OF SAID SECTION 23, 1329.95 FEET TO THE EAST LINE OF SAID SW1 /4 OF THE SE1/4; THENCE NOO °05'53"W, ALONG LAST SAID EAST LINE AND THE EAST LINE OF THE NW1/4 OF THE SE1/4, 2662.66 FEET TO THE EAST -WEST QUARTER LINE OF SAID SECTION 23; THENCE S89 °57'49 "E, ALONG SAID EAST -WEST QUARTER LINE, 1103.88 FEET; THENCE S00 °15'16 "E, ALONG THE EAST LINE OF LOT 2 OF CERTIFIED SURVEY MAP RECORDED IN VOLUME 3, PAGE 711, 441.62 FEET TO THE SOUTH LINE OF SAID CERTIFIED SURVEY MAP; THENCE S89° 44'57'W, ALONG THE SOUTH LINE OF SAID CERTIFIED SURVEY MAP, 1049.50 FEET TO THE WEST LINE OF LOT "A" OF CERTIFIED SURVEY MAP RECORDED IN VOLUME 4, PAGE 944, AT ABOVE SAID OFFICE; THENCE N00 °15'03"W, ALONG LAST SAID WEST LINE, 445.55 FEET TO SAID EAST -WEST QUARTER LINE OF SECTION 23; THENCE S89° 57'49"E, ALONG SAID EAST -WEST QUARTER LINE, 1840.44 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 23; THENCE N89 °48'17 "W, ALONG THE EAST -WEST QUARTER LINE OF SAID SECTION 22, 821.97 FEET TO THE NORTHERLY EXTENSION OF THE EAST LINE OF CERTIFIED SURVEY MAP RECORDED IN VOLUME 15, PAGE 4072, AT ABOVE SAID OFFICE; THENCE S00 °16'35 "W, ALONG LAST SAID EAST LINE, 1326.22 FEET TO THE SOUTH LINE OF SAID NE1/4 OF THE SE1 /4 OF SECTION 22; THENCE S89°43'19 "E, ALONG LAST SAID SOUTH LINE, 835.02 FEET TO THE SOUTHEAST CORNER OF SAID NE1 /4 OF THE SE1/4 OF SECTION 22; THENCE S00° 17 "E ALONG THE WEST LINE OF THE SW1/4 OF SAID SECTION 22, 4.68 FEET TO THE NORTH LINE OF A PARCEL DESCRIBED ON A DEED RECORDED IN VOLUME 562, PAGE 563, AT ABOVE SAID OFFICE; THENCE N89 °05'35 "E ALONG LAST SAID NORTH LINE, 1550.10 FEET TO THE EAST LINE OF SAID PARCEL; THENCE S00 °15'40 "E ALONG LAST SAID EAST LINE, 1352.12 FEET; THENCE S02 °52 "E, ALONG LAST SAID EAST LINE 1324.16 FEET TO THE SOUTH LINE OF SAID NE1/4 OF THE NW1 /4 OF SECTION 26; THENCE N89 °55'00'E, ALONG LAST SAID SOUTH LINE, 66.07 FEET TO THE WEST LINE OF LOT 1 OF CERTIFIED SURVEY MAP RECORDED IN VOLUME 5, PAGE 1352, AT ABOVE SAID OFFICE; THENCE NO2 °52'23"W, ALONG LAST SAID WEST LINE AND THE WEST LINE OF A PARCEL RECORDED IN VOLUME 623, PAGE 331, 1325.87 FEET; THENCE N00 °15'40'W, ALONG LAST SAID WEST LINE, AND THE WEST LINE OF LOT 1 OF CERTIFIED SURVEY MAP RECORDED IN VOLUME 2, PAGE 348, 521.61 FEET TO THE NORTH LINE OF LAST SAID LOT 1; THENCE S89 °53'49 "E, ALONG LAST SAID NORTH LINE, 894.17 FEET TO THE EAST LINE OF LAST SAID LOT 1; THENCE SO4 °28'32"E, ALONG LAST SAID EAST LINE, 523.28 FEET TO THE SOUTH LINE OF THE SW1 /4 OF SAID SECTION 23; THENCE S89 °49'40 "E, ALONG LAST SAID SOUTH LINE, 107.06 FEET TO THE POINT OF BEGINNING. 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