HomeMy WebLinkAboutOrdinance 2016 (838) Ordinance No. 838 (2016)
ST. RO1"'w YNTY REZONING - TOWN OF RICHMOND - OTTO
1 The St. Croix County Board of Supervisors does hereby ordain as follows:
2 The St. Croix County Code of Ordinances, Land Use and Development for the
3 County of St. Croix, Wisconsin, is hereby amended by rezoning the following
4 described property-
5 A parcel of land located in Section 3, Township 30 North, Range 18 West,
6 Town of Richmond, Saint Croix County, Wisconsin, more particularly
7 described as follows:
8 0.915A IN NE SW N 233' OF E 172' OF NE SW
9 From the Commercial District to the Rural Residential District
10 The official zoning map of the Town of Richmond on file in the Community
11 Development Department shall be amended in accordance with this ordinance.
12 This ordinance shall be effective upon passage and publication as provided in
13 Section 59.14 of the Wisconsin Statutes. This ordinance shall not be codified.
14 Dated this 5th day of January, 2016 at Hudson, Wisconsin.
Administrative Approval:
Pa County A,+.i.iffi 2115f2015
12/17/15 Enacted
12/17/15 Community Development Committee RECOMMENDED
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Jill Ann Berke, Supervisor
SECONDER: Judy Achterhof, Supervisor
AYES: Ring, Berke, Hansen, Achterhof, Leibfried
Vote Confirmation.
Ring, supervisor 12/22/2015
SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..........
RESULT: ENACTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Agnes Ring, Supervisor
SECONDER: Christopher Babbitt, Supervisor
AYES: Ring, Babbitt, Novotny, Sjoberg, Koch, Nelson, Berke, Ostness, Larson, Hansen,
Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Travis Schachtner, Chris Kilber
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on January 5, 2016
Cindy Campbell, County Clerk
ORDINANCE NO.
AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE - TOWN OF
RICHMOND—OTTO PROPERTY
The St. Croix County Board of Supervisors does hereby ordain as follows:
The St. Croix County Code of Ordinances, Land Use and Development for the County of St.
Croix, Wisconsin, is hereby amended by rezoning the following described property:
A parcel of land located in Section 3, Township 30 North, Range 18 West, Town of Richmond,
Saint Croix County,Wisconsin, more particularly described as follows:
0.915A IN NE SW N 233' OF E 172' OF NE SW
From the Commercial District to the Rural Residential District
The official zoning map of the Town of Richmond on file in the Community Development
Department shall be amended in accordance with this ordinance.
This ordinance shall be effective upon passage and publication as provided in Section 59.14
of the Wisconsin Statutes. This ordinance shall not be codified.
Dated this 5th day of January, 2016 at Hudson, Wisconsin.
V iC'. LJ File
Office Use Only
000P
revised 10-2013
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RtOUEST
Pursuant to St. Croix County Zoning Ordinance § 17.72 and Wisconsin State Statutes § 59.69(5),1 hereby petition the St.
Croix County Board of Supervisors to amend the zoning district as follows on the parcel described herein:
OU from ( "I C,( to I (�e)j C'd�k J1
Acres to be Rezoned Existing Zoning District Proposed Zoning District
APPLICANT INFORMATION
Property Owner: Contractor/Agent:
Mailing Address: 1'7q8 I !Sth _6�re_e�r Mailing Address:
�Jew a C h ol O/J. q6 o-7
Daytime Phone: (jLen Daytime Phone:
Cell: (66 5 tv(9 1 Cell:
E-mail: E-mail:
SITE.INFOAMATION
Site Address: 1, f 1f; sf r C e_T
Property Location: A, '/4, Sec. 3 ,T. N.,R. W.,Town of
Computer#: N4 0 C99 fn - 000 Parcel#:. 3 0
Does a Farmland Preservation agreement exist on the site? Yes No
FEES ,
Application Fee: (payable to St. Croix County) $ 1,100
Applications are due on the 1!jj2M!Laj 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 information c nl ned in this ap lication is true and correct to the best of my knowledge.
Property Owner Signature: Date A50-.1-1-115
Contractor/Agent Signature. . Date /
r f
OFFICE USE ONLY
Date Accepted: 4 Accepted By: NA
Fee Received: Receipt#:
715-386-4680 ST.CROIX COUNTY GOVERNMENT CENTER 715-386-4686 FAX
CHECKLIST FOR'COMPLETE APPLICATION
0 OM' inal plus 5 copies of application packet to include:
Ed Aerial Photo(can be obtained from County website at NvtivNv i.t.rs,click Land Information Online)
----------- --
L3 Scaled map with exact boundaries of parcel to be rezoned.
tv t4 L3 rawing: to include short term or long term plans for the property identifying future use, density, layout etc.
Completed rezoning questionnaire(page 3 of the application).
vJ4 0 Intersection Warrants Analysis if required *
0 Property's most recent tax bill(this can be obtained at the County Treasurer's office)for proof of ownership.
NIA LI List of all adjoining land-owner names and mailing addresses(includes properties across roadways).
ErMetes and Bounds description or boundary description(typically prepared by a registered land surveyor).
0 $1,100 application fee(non-refundable)payable to: St.Croix County.
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
Community Development 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 11x17.
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 Community Development Department staff to discuss the application and the process. Since Towns
have statutory authority to disapprove of a rezoning request,applicants are encourned to also meet with Township
officials prior to subtuiff ing 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 flMondal 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 shoe 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 Community
Development 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 all adjacent property owners. Hearings are typically held on the 3d
Tuesday of the month(subject to change) in Hudson or Baldwin following completion of the interdepartmental and
interagency review.
Step 5,County Board Approval: Upon approval by the Community Development 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.
REZONING QUESTIONAIRE
All rezonings are to be consistent with County land use plans,County ordinances and other applicable local plans.
Your application will be reviewed by staff and presented to the County Community Development 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 Comprehensive
Plan, St. Croix County Outdoor Recreation Plan and the St, Croix County Land and Water 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 Community
Development Department or on the County website at:
-------------
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.
I) Explain why you wish to rezone this property. Identify the proposed use if rezoned.
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2) Explain the compatibility of your proposed use with uses on existing properties in the vicinity oNhis sit
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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. h' /
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4) Explain how the proposed use will affect stormwater runoff,wetlands or will impact any shoreland areas.
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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.
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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.
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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,
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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§ 91.48):
(a) That adequate public facilities to accommodate development either exist or will be provided within a
reasonable time.
(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.
(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,
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OTTO, MARK R
STATE OF WISCONSIN BILL NUMBER: 304047
REAL ESTATE PROPERTY TAX BILL FOR 2014 IMPORTANT: •Correspondence should refer to parcel number.
'S ee reverse side for important information.
TOWN OF RICHMOND Be sure this description covers your property. This description is
for property tax bill only and may not be a full legal description.
ST. CROIX COUNTY 1160/95 831/462 501/153 ACRES: 0 .920
SEC 03, T 30 N, R 18 W ,,,,,bu,�.�. �,,,..Fl.w.......,mw.,,��,�.�„a.�.,,,m�,
MARK R OTTO PLAT: N/A-NOT AVAILABLE
" 1748 125TH ST SEC 3 T 3 ON R18W . 915A IN NE SW N 233 ' OF
NEW RICHMOND WI 54017 E 172' OF����NE SW
Parcel#: 026-1008-10-000
Property Address: 1748 125TH ST Alt. Parcel#: 03 .30.18 .31E
Assessed Value Land Ass'd.Value improvements Total Assessed Value Ave.Assmt,Ratio
12, 900 108,400 121,300 0. 9670 Net Assessed Value Rate
(Does NOT reflect credits) 0 . 016757324
-..._...-...-._..._. _ _..
Est.Fair Mkt.Land Est.Fafr Mkt.Improvements Total Est.Fair Mkt. A Star In this box School taxes reduced b
13, 300 112, 100 12 5,4 0 0 Year Taxesaid Prior school levy tax credit y $ 223 .24
- - — 2013 - - 2014 -._ - - -- --- _
Taxing Jurisdiction Est.State Aids Est,State Aids 2013 2014 /Tax
Allocated Tax Dist. Allocated Tax Dist. Net Tax Net Tax Change
STATE OF WISCONSIN 19.86 21.29 7.2%
tuO pa'' ST. CROIX COUNTY 78,369 83,324 500.39 529,93 5.9%
TOWN OF RICHMOND 167,713 173,686 156.28 156.55 0.2% —
SCH DIST NEW RICHMOND 4,753,142 5,283,435 1,121.32 1,279.45 14.1%
WITC 21,738 21,697 146.65 45.44 -69.0%
Total 5,020,962 5,562,142 1, 944.50 2,032.66 4.5%
First Dollar Credit 74.07 77.84 5.1
Lottery&Gaming Credit 126.15 131.74 4.4%
Net Property Tax 1,744.28 1,823.08 4.5%
Make Check Payable to: Full Payment Due On or Before January 31,2015 Net Property Tax 1 823.08
ST. CROIX CTY TREASURER $1,823. 08
LAURIE A. NOBLE
1101 CARMICHAEL ROAD Or First Installment Due On or Before January 31,2015
HUDSON WI 54016 $845.67
715-386-4645
And Second Installment Payment Payable To And Second Installment Due On or Before July 31,2015
ST CROIX CTY TREASURER
LAURIE A. NOBLE $977.41
1101 CARMICHAEL ROAD
HUDSON WI 54016
FOR TREASURERS USE ONLY ® ® FOR FULL PAYMENT
v
Pay By January 31, 2015 7
PAYMENT ce
— - ® 1, 823 .08 0
BALANCE Warning: If not paid by due dates,installment option is lost
PLEASE RETURN LOUVER and total tax is delinquent subject to interest and,if applicable, 19 V PORTION WITH REMITTANCE V DATE penalty. Failure to pay on time. See reverse. a
--- ---- ---- --
n_
REAL ESTATE PROPERTY TAX BILL FOR 2014
ST. CROIX CTY TREASURER Bill#: 304047
LAURIE A. NOBLE Parcel 026-1008-10-000
1101 CARMICHAEL ROAD Alt. Parcel#: 03 .30. 18 .31E
HUDSON WI 54016 ------- -- -.. .__ — -._
Total Due For Full Payment $1, 823 .081
Pay to Local Treasurer By Jan 31,2015
OR PAY INSTALLMENTS OF:
1 ST INSTALLMENT 2NDINSTALLMENT
Pay to Local Treasurer Pay to County Treasurer
[_] Check For Billing Address Change. $845.67 $977.41
BY January 31,2015 BY July 31,2015
MARK R OTTO
1748 125TH ST
NEW RICHMOND WI 54 017 FOR TREASURERS USE ONLY
PAYMENT
BALANCE
DATE
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Section 3,T30N,R1SW
� 0.92 Acres from Commercial to Rural Residential
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December 17,2015 RZN-2015-001
Rezoning Staff Report
St. Croix County Community Development Committee
Mark Otto
Hearing Date: December 17, 2015
Property Owners: Mark Otto
Agent: N/A
Site Address: 1748125 TH Street
Town: Richmond
File#: RZN-2015-001
Legal Description: NE 1/4 of the SW 1/4 of Section 3,T30N, R1 8W
Total Acres: +/-0.92 acres
Current Zoning: Commercial District
Requested Zoning: Rural Residential District
Attachments: 1.Application
2. Land Use Map
BACKGROUND:
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Mark Otto owns a 0.92 acre parcel that is currently zoned Commercial District. He has applied to rezone this property to
the Rural Residential District. He has owned this property for over 20 years and only recently discovered that the property
was zoned Commercial District when he attempted to refinance. The mortgage company told him that they would not
refinance the mortgage while the residence is located on a commercially-zoned parcel. The property was zoned
Commercial District at the time the town adopted County Zoning. The property likely had a commercial business of some
type located on it when the town came under County comprehensive zoning.
No new structures or uses are planned at this time. There is no commercial business currently operating on this site.
Prepared by St Crarx County Cornryunity Devetop ent Department 1
December 17,2015 RZN-2015-001
i
Based on the Official County Zoning Map for the Town of Richmond this parcel is bounded by properties zoned Rural
Residential and properties within the City of New Richmond. (Land Use Map I—current zoning)
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Prepared by St Crarx County Cornryupity Devetop ent Department 2
December 17,2015 RZN-2015-001
2015 Aerial photo of the property:
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Prepared by St Crarx County Cornryunity Devetop ent Department 3
December 17,2015 RZN-2015-001
COMPREHENSIVE PLANS
Official mapping ordinances enacted or amended (rezoning of lands)are required to be consistent with the local
governmental unit's Comprehensive Plan, as per WSS 66.1001 (3)(g).
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Below is an excerpt from the Town of Richmond Comprehensive Plan 2010-2035:
Future Land Use map:
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NOW
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—----------— �
This rezoning would be consistent with the Town of Richmond's Comprehensive Plan 2010—2035.
Prepared by St Crarx County Cornryunitar Devetop rcrrt Department 4
December 17,2015 RZN-2015-001
St. Croix County Future Land Use:
This rezoning request is consistent with the St. Croix County Future Land Use map. (see ured iri-ow below), and it is
planned for a Residential use (indicated by the color yellow in the Legend).
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Pdrehrmamd.. L4g'..,4rYd
FUTURE'LAND USE FOR LESA
Land Use
R-ideirtluall
Miixeb Miiye'J'-Ruiral Agr culftuire
Commercial
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III
_- Future Jle Space
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ChtTlCwir wetlrh I
Water
Prepared by St Crorx County Cornryunity Devetooment Department 5
December 17,2015 RZN-2015-001
The property does not contain any of the following: There are no Waterfowl Production Areas, Prairie Remnant sites,
Sensitive Areas (Wildlife)or Scenic&Recreational Areas. The property is located within an existing Environmental
Corridor but has already been developed. (Land Use Map II)
11 i°
�r II 'Legend
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Waterfowl Protection Area
0 I Pc.axtar H2rrrnnxant Sites
Sensitive Areas (wildlife.)
�°%�� %��' ,✓,°��� .: r Environmental a .Areas
l f Corridor
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There are also no Closed Depressions, Shoreland,Wetlands, Limiting Soils for POWTS (aka—septic systems), Most
Limiting Soils for POWTS, Floodplain, or Intermittent or Perennial Streams. (Land Use Map III)
1 ��a ill r Jil� i J I'I'1 Legeand,
Closed Depressions
shoreland
Wetlands
Limiting Soils for F'O567t`,
0 Most Limiting Soils for POWTS
Floodplam
Interrmittent Streams
Perennial stre=s
Prepared by St Crorx Car,r ty CcnnnnwOY Devetcprn r t Departt
n'&r 6
December 17,2015 RZN-2015-001
The site does not contain Farmland Preservation soils (Productive Farmland), Probable Gravel Deposits, or steep sloped
areas of greater than 20 percent(>20%). The site does contain Probable Sand Deposits, but due to its small size
nonmetallic mining would not be allowed. The site also has some areas identified to have slope percentages between 12
and 20 percent(12-20%). (Land Use Map IV)
IV Legend
t"��/ �,✓/o ;n� ® Producti,e Farmland
Probable Gravel Deposits
Probable Sand Lleposxts.
12-20�1,�Slope
,20% Slope
GOVERNMENTAL AGENCY REVIEW:
The Town Board of Richmond unanimously recommended approval of this rezoning request at it's meeting on November
12,2015.
Prepared by St Crarx County Cornryunity Devetop ent Department 7
December 17,2015 RZN-2015-001
TECHNICAL REVIEW COMMITTEE FINDINGS'
The proposed use will:
1. Identify and promote the preservation and revitalization of our traditional residential neighborhoods and housing in
urban areas. (Housing: Goals and Objectives:2.2)
2. Plan for a suff icient supply of developable land for housing in areas consistent with local policies and of densities and
types consistent with this plan. (Housing: Goals and Objectives:3.3)
3. Encourage compact development through expansion and infill of existing developed areas. (Land Use: Goals and
Objectives: 1.4)
4. Guide development to locations and conditions that minimize adverse impacts to natural resources. (Land Use:
Goals and Objectives: 3.1)
5. Provide for a balance of land use types throughout the County. (Land Use: Goals and Objectives 1.5)
6. Development in the County shall be consistent with the character of the surrounding neighborhood, countryside or
terrain. (Land Use:Policies 3.3)
7. Be consistent or not in conflict with the St. Croix County Natural Resources Management Plan.
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8. Be consistent with and can comply with standards in Chapter 12 Sanitary, Chapter 13 Land Division and Chapter 17
Zoning Ordinance.
Prepared by St Crarx County Cornryunity Devetopment Department 8
December 17,2015 RZN-2015-001
APPLICABLE STATUTES AND CRITERIA:
The Community Development Committee shall only grant approval for rezoning subject to the following provisions:
1. The rezoning and proposed use is consistent with the St. Croix County Comprehensive Plan.
2. The rezoning and proposed use 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 the rezoning request.
5. The rezoning and proposed use is consistent with surrounding zoning districts and does not result in spot zoning.
6. The rezoning and proposed use is consistent with surrounding land uses.
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 a
recommendation of approval with modifications.
STAFF RECOMMENDATION:
Staff recommends approval of the rezoning amendment for this parcel based on the following findings of fact:
1. Based on TRC findings (#1-7)the rezoning is consistent with the County Comprehensive Plan and the County
Natural Resources Management Plan.
2. The Town Board of Richmond has recommended approval of this rezoning request.
3. It appears that the proposed use is consistent with and can comply with standards in Chapter 12 Sanitary, Chapter
13 Land Division and Chapter 17 Zoning Ordinance.
Prepared by St Crarx County Cornryunity Devetopment Department 9