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HomeMy WebLinkAboutOrdinance 2012 (814) Ordinance No. 814(2012) ORDINANCE CORRECTING ORDINANCE NO. 772(2008) OF THE ST CROJrX [ (,1TY, ST. CROIX COUNTY CODE OF ORDINANCES CHAPTER 17 - isc 'G ZONING - SECTION 17.72 REZONING AMENDMENTS - CORRECTION OF LEGAL DESCRIPTION 1 WHEREAS, the St. Croix County Board of Supervisors enacted Ordinance No. 2 772(2008) - Amendments to St. Croix County Code of Ordinances Land Use and Development 3 Chapter 17 Zoning, Section 17.72 Rezoning Amendments on June 17, 2008 (attached); and 4 5 WHEREAS, it was later discovered that the application contained an incorrect legal 6 description for the property resulting in Ordinance No. 772(2008) having an incorrect legal 7 description for the approved rezoning; and 8 9 WHEREAS, staff contacted the applicant in July 2008 requesting an accurate legal 10 description of the property so Ordinance 772(2008) could be corrected; and 11 12 WHEREAS, on July 1, 2012 the applicant submitted the correct legal description of the 13 property. 14 15 THEREFORE, the legal description on attached Ordinance No. 772(2008) shall be 16 voided and replaced with the following legal description of the property which is hereby rezoned 17 from Agricultural Residential to Commercial: 18 19 A parcel of land located in part of the Southwest Quarter of the Southwest Quarter of 20 Section 21, Township 29 North, Range 15 West, Town of Springfield, St. Croix County, 21 Wisconsin, more particularly described as follows: 22 23 Beginning at the Southwest Corner of said Section 34, thence North 0 degrees 26 minutes 24 10 seconds West along the west line of the Southwest Quarter of said Section 34 for a 25 distance of 805.49 feet to the south line of that Certified Survey Map recorded in Volume 26 20, Page 5012; thence North 89 degrees 26 minutes 15 seconds East along said south line 27 and its easterly extension for 540.80 feet; thence southerly parallel with the said west line 28 South 0 degrees 26 minutes 10 seconds East 808.55 feet to the south line of said 29 Southwest Quarter; thence westerly along said south section line North 89 degrees 32 30 minutes 59 seconds West 540.80 feet to the point of beginning. Said parcel contains 31 10.00 acres (435894 square feet), is subject to State Trunk Highway 128 right of way 32 over the westerly portion thereof, is subject to 60th Avenue right of way over the 33 southerly portion thereof, and is subject to all easements, restrictions, and covenants of 34 record. 35 36 FURTHER, the St. Croix County Clerk will attach a certified copy of this ordinance to 37 Ordinance No. 772(2008) and mail a certified copy to the proper Town Clerk. Page 1 Sponsored By: Community Development Committee on July 19, 2012 Legal - Fiscal - Administrative Approvals: Legal Note: None Fiscal Impact: None Don Gillen, Corporation C #qX0%I /2012 Ta e i nce Direc r 7/13/2012 St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement - Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Agnes Ring, Supervisor SECONDER: Andy Brinkman, 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 August 7, 2012 Cindy Campbell, County Clerk 38 Page 2 AMENDMENTS TO ST. CROIX COUNTY CODE OF ORDINANCES LAND USE AND DEVELOPMENT CHAPTER 17 ZONING Section 17.72 Rezoning Amendments Ordinance No. -77Z (-2668 St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, James and Jennifer Krueger applied to St. Croix County Planning and Zoning Department to rezone approximately 10.4 acres in the SW '/4 of the SW '/a of Section 34, T29N, RI 5W, in the Town of Springfield, from Agricultural Residential to Commercial; and WHEREAS, the St. Croix County Planning and Zoning Committee held a public hearing on the rezoning request on May 28, 2008 in the Agricultural Service and Educational Center in Baldwin, Wisconsin; and WHEREAS, the St. Croix County Planning and Zoning Committee considered all written information and verbal testimony presented at the hearing, and made the following findings in support of the request: 1. The Town of Springfield has recommended approval. 2. The request is consistent with the St. Croix County Development Management Plan and the St. Croix County Natural Resources Management Plan based on: a. The parcel is in the rural planning area and is an appropriate use. b. The proposed use is consistent with minimum lot size requirements in the rural planning area. c. The proposed non-residential use is somewhat consistent with the rural character of the area and is not otherwise essential to the area d. The request is somewhat consistent with the surrounding neighborhood, countryside or terrain. e. The proposed use has some potential to adversely impact stormwater management and can be managed. f. The proposed use has some potential to adversely impact water resources with sedimentation resulting from erosion but can be managed. g. The proposed use has minimal potential to adversely impact shoreland areas or wetlands and closed depressions located in shoreland area but can be managed. h. The proposed use has minimal potential to adversely impact closed depressions or wetlands but can be managed. i. The proposed use is consistent with restricting development on slopes in excess of 20%. j. The proposed use is generally consistent with policies to preserve woodlands, prgane remnants, unique open spaces, or environmental corridors. k. The proposed use is generally consistent or not in conflict with the St. Croix County Natural Resources Management Plan. 1. The overall proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 3. The request is consistent with the spirit and intent of applicable County Land Use Ordinances. 1 THEREFORE, the following described parcel is hereby rezoned from Agricultural Residential to Commercial: SEC 34 T29N R15W 40A SW SW EXC CSM 20-5012 This Amendment offered by the Planning and Zoning Committee on June 17, 2008. YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE ❑ ❑ ❑ Eugene Ruetz L ® ❑ ❑ ❑ Steve Hermsen y-- Q Sharon Norton- Bauman ❑ ❑ ❑ Peter Post ❑ ❑ ❑ ❑ Lorin Sather This Ordinance Amendment was enacted by the St. Croix Reviewed by Corporation Counsel on County Board of Supervisors on d"2 17 aOoS 0 7~ Greg Timmerman, Corporation Counsel Cindy Campbell, C my Clerk STATE OF WISCONSIN COUNTY OF ST. CROIX I, Cindy Catnpbek St. Crab[ County Clerk, DO HEREBY CERTIFY that the f egoing is a true an correct py oo8f} ~rd i n ~,~ce 7?.a f' adopted by the County and of Supervisors at rhea .held n I7 AM -p f Cindy Ca ell, St. Croix County Clerk 2