HomeMy WebLinkAboutOrdinance 2017 (856) Ordinance No. 856 (2017)
ST RQ LINTY AMENDMENT TO THE COMPREHENSIVE ZONING
�r �'6— ORDINANCE - SECTION 20, TOWN 31N, RANGE 16W, TOWN
OF CYLON
1 ORDINANCE NO.
2 AMENDING THE COMPREHENSIVE ZONING ORDINANCE,
3 SECTION 20, T31N, R16W, TOWN OF CYLON
4 The St. Croix County Board of Supervisors does hereby ordain as follows:
5 The St. Croix County Code of Ordinances, Land Use and Development for the County of St.
6 Croix, Wisconsin, is hereby amended by rezoning the following described property:
7 A parcel of land located in Section 20,Township 31 North, Range 16 West, Town of
8 Cylon, more particularly described as follows:
9 From Rural Residential District to AG-1 Agricultural District
10 A parcel of land located in the NW%of the SW%of Section 20,T31N, R16W,Town of
11 Cylon, St. Croix County, Wisconsin, further described as follows:
12
13 Commencing at the W% corner of said Section 20; thence S00°52'22"E 286.74' along
14 the west line of the SW%of Section 20 ( bearings referenced to the west line of the
15 SW% of Section 20. Line bears S00°52'22"E, St. Croix County Coordinate System );
16 thence S87°19'45"E 60.11' to the easterly right-of-way line of State Trunk Highway
17 "46",this being the point of beginning of the parcel to be herein described; thence
18 continuing S87°19'45"E 486.18'; thence S00°52'22"E 26.92'; thence N89°04'36"W
19 485.49'to said easterly right-of-way line of State Trunk Highway"46"; thence
20 N00052'22"W 41.75' along said easterly right-of-way line to the point of beginning,
21 containing 16,661 square feet ( 0.38 acres ) more or less and being subject to any
22 easements, restrictions or covenants of record.
23
24 The official zoning map of the Town of Cylon on file in the Community Development
25 Department shall be amended in accordance with this ordinance.
26 This ordinance shall be effective upon passage and publication as provided in Section 59.14
27 of the Wisconsin Statutes.This ordinance shall not be codified.
28 Dated this 6th day of June, 2017 at Hudson, Wisconsin.
Administrative Approval:
P:t rick Tli ilipsOn,CoLrnty Adrriiiiistrator 5/18/2017
05/18/17 Enacted
05/18/17 Community Development Committee RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS]
MOVER: Tom Coulter, Supervisor
SECONDER: Daniel Hansen, Vice Chair
AYES: Tom Coulter, Agnes Ring, Jill Ann Berke, Daniel Hansen
EXCUSED: Dick Hesselink
Vote Confirmation.
Ag4eg Ring, Supervisor 5/23/2017
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
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RESULT: ENACTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Tom Coulter, Supervisor
SECONDER: Christopher Babbitt, Supervisor
AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Nelson, Berke, Larson, Hansen,
Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Dave Ostness
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on June 6, 2017
Cindy Campbell, County Clerk
May 18,2017 RZN-2017-003
Rezoning Staff Report
St. Croix County Community Development Committee
Bruce Fall
Hearing Date: May 18, 2017
Property Owners: Bruce Fall
Agent: Douglas Fall
Site Address: 2049 STH 46
Town: Cylon
File#: RZN-2017-003
Legal Description: NW'/4 of the SW 1/4,of Section 20,T31 N, R1 6W
Total Acres: +/-0.38 acres
Current Zoning: Rural Residential District
Requested Zoning: AG-1 Agricultural District
Attachments: 1.Application
2. Rezoning (Land Use)Map
BACKGROUND:
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Bruce Fall owns a 10.0-acre property that is zoned Rural Residential. This 10.0-acre property was once part of a large
farm operation,which included much of the land surrounding his property. He was deeded the portion of the farm
property that contained the original farmhouse and the accessory buildings. The property also contained a mobile home
that was used as a second residence. At the time that the mobile home was added to the property, it was allowable for a
second residence to be established on a farm if either it was to be occupied by a family member who worked on the farm,
or it was to be occupied by an employee who was hired by the farm owner.
It was unknown at the time of the transaction that the mobile home was not located on the Bruce Fall property. The
mobile home was actually located on the parcel that his mother, Beverly Sellent, owns immediately adjacent to the south.
After conveyance of the 10.0 acres to Bruce Fall, Beverly Sellent constructed a house on the southern portion of her
property. Sellent now had her new house and the mobile home located on her property creating a zoning violation due to
Prepared by St Crarx County Cornryunity Devetop ent Department 1
May 18,2017 RZN-2017-003
having two houses on the same parcel,which is not allowed under current regulations. In order to correct this violation,
several steps need to be taken to separate the property into three separate parcels that are each in the appropriate
zoning district.
In order to correct the violation, Bruce Fall has agreed to rezone a 0.38-acre portion of his property from Rural Residential
to AG-1 with the intention of having this rezoned portion added to the Sellent property. The lot line between Fall and
Sellent could then be adjusted to contain the rezoned portion of 0.38 acres, the mobile home and the mobile home's
POWTS (septic system); all of which would be added on to the Sellent property. The mobile home and its POWTS would
meet all required setbacks.The driveway for the mobile home would become the access to the 70.0-acre parcel that
Sellent currently owns and this large parcel would not be landlocked without a legal access to the public road. Once this
larger parcel has legal access to STH 46, a lot will be created around the new house that Sellent has built on the southern
portion of her property.
STH 46 is an access-controlled State Highway. As such,The Wisconsin DOT would not allow an additional driveway
access to STH 46 in this section of road. However,Wisconsin DOT has agreed to reconfigure the access for Sellent's
neighbor to the south,so that a single access point will be available to Sellent and her neighbor that will straddle both lot
lines to the edge of STH 46 right-of way. Once this access is reconfigured, it will allow Sellent to create a lot around her
existing house, per St. Croix County Chapter 13 Land Division Ordinance.
End result: The Bruce Fall property,the Sellent property containing the mobile home on approximate 67.5 acres (70.0
acres minus the new 2.5 acre lot), and the newly created lot around the Sellent house,would all have legal access and all
residential dwelling violations would come into compliance.
No additional structures or uses are planned at this time.
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May 18,2017 RZN-2017-003
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Based on the Official County Zoning Map for the Town of Cylon the Fall property is bounded by a property zoned Rural
Residential but bounded almost entirely by properties zoned AG-1 Agricultural District(Land Use Map I—current zoning)
.............. --2 6
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Zoning Districts
Re%clenflal comer ancy
Rural R-id,eiifal
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May 18,2017 RZN-2017-003
2015 Aerial photo
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May 18,2017 RZN-2017-003
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).
v
The Town of Cylon Comprehensive Plan (One of five Towns included in the 2006 Heartland Comprehensive Plan)—Land
Use section:
Objectives(1-4):
1. Continue to manage the rate of development to maintain a distinctive rural community in the Town of Cylon.
2. Continue to allow limited conversion of agricultural land for residential development.
3. Continue to encourage small lots to conserve agricultural land and natural resources.
4. Encourage the use of density, rather than minimum lot size,to allow limited growth and development while protecting
agriculture.
Policies(1-4):
1. Continue to use exclusive agriculture zoning to promote agriculture as the economic base and major land use in the Town
of Cylon.
2. To reduce the conversion of prime agricultural land to other uses request that St. Croix County amend the County zoning
ordinance so that the exclusive agriculture-zoning district would regulate based on both density and lot size rather than just
lot size.
3. Set the Town of Cylon's development density to one lot per quarter—quarter or"platted 40"on land zoned exclusive
agriculture.
4. Continue to allow small-lot residential development of two to five acres to promote rural character and protection of
agricultural and natural resources.
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May 18,2017 RZN-2017-003
Town of Cylon: Future Land Use Map:
Future Land Use: 2005-2025
Town of Cylon, St. Croix County, WI
Ag, Forest,Grassland iindustriial
Mixed Rural l Goverment- Institutiionall
Rural Residential) Utilities
Cornirnerciial IPairks&Recreation
'mater
IVouuuol
*Based on the Town of Cyon Comprehensive Plan text and Future Land Use Map, this rezoning request is
consistent with the Town Of Cyon Comprehensive Plan.
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May 18,2017 RZN-2017-003
Farmland Preservation Plan
A property is only eligible to be zoned into either the AG-1 or AG-2 District if the property is shown to be in the Farmland
Preservation Area (shown in the color green)on the Farmland Preservation Plan Map for the respective Town. The Bruce
Fall property is shown in the color white (see blue arrow), and as such,the entire property could not be rezoned into one
of the agricultural districts. However, removing 0.38 acres from Rural Residential, in order to add it onto a property that
qualifies for Farmland Preservation and is currently zoned in the AG-1 District(Sellent property—see ured iri-ow) is
consistent with the County's Farmland Preservation plan.
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Farmland Pre Nation Area, Roads
Poktlical 6aundariew m Intemtate
PLS.S Sec¢ton Linea LIS Highway
w.ter Edi- .State highway
® C'+aiwtt Trunk.Highway
Lacal Ftaacl
Faintps
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May 18,2017 RZN-2017-003
St. Croix County Future Land Use Map:
This rezoning request is consistent with the St. Croix County Future Land Use map(see ured iri-ow below),since the
parcel and entire area are planned for Agricultural and Mixed—Rural Agriculture use(s)(indicated by green
background and with green background with yellow polka dots in the Legend).
wwUwu�IYouwl
Legend
40
FUTURELAND USE FOR LESA
Nle �InVI Land Use
Reaidentaa
yr Miiuel'Rwral Res'udentiall
Awuuertd-Riuraa Agnulltuire
nab.. HUI Aagrictmu,
s0 FUS conunercial
IlnrtJu foal
xllll F Gutuire l nduMtria
utiilitiea
Ilnstit utbooall
Recreation Open Sp-e
Future Open Space
Wetard
�auw
parlk&
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May 18,2017 RZN-2017-003
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, or Environmental Corridor. (Land Use Map II)
II Legend
Waterfowl Prote..tion Area.
Prairie Remnant. Sites,
Sensitive Areas (wildlife)
Scenic & Rec, Areas
J Environmental Corridor
0
There are no portions of the property to be rezoned that contain any of the following: Closed Depressions, Shoreland,
Wetland, Limiting Soils for POWTS (aka—septic systems), Most Limiting Soils for POWTS, Floodplain, Intermittent or
Perennial Streams. (Land Use Map III)
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111 Legend
Closed Depressions
-- ...... .... .. �: � Shoseland
Wethi..nd.s
0
Limiting Soils for F°Ositi7"d'S
0 Most Limiting Soils for FCY1V,"Il'S
Floodplam
Intermittent Streams
Perennial Streams
a
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May 18,2017 RZN-2017-003
The site does contain Farmland Preservation soils (Productive Farmland), Probable Sand and/or Gravel Deposits, but
does not contain areas with 12 and 20 percent slope (12-20%), or have steep-sloped areas of greater than 20 percent
(>20%)that are outside of the road right-of-way. (Land Use Map IV)
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IV Legend
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Productive Farmland
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*Based on the St. Croix County Comprehensive Plan 2012-2035 text and Future Land Use Map, this rezoning
request is consistent with the St. Croix County Comprehensive Plan.
GOVERNMENTAL AGENCY REVIEW:
The Town Board of Cylon recommended approval of this rezoning request at its meeting on May 10,2017.
Prepared by St Crarx County Ccrrnryunity w""Icvetcpr rcrrtw"epartr rcrrt 10
May 18,2017 RZN-2017-003
TECHNICAL REVIEW TEAM FINDINGS
The proposed use will.
1. Preserve productive soils as identified by the county land evaluation system. (Agricultural Goals and Objectives: 1.1)
2. Minimize the loss and fragmentation of farmland in rural areas. (Agricultural Goals and Objectives: 1.3)
3. Support efforts which increase the viability and diversity of agriculture throughout the County(Agricultural Goals and
Objectives: 2.3)
4. Limit development and will not convert productive agricultural land. (Agricultural Goals and Objectives: 3.2)
5. Encourage the use of the Farmland Preservation Program as one tool to protect agricultural land. (Agriculture
Policies: 1.5)
6. Be consistent with the County's policy to favor agricultural uses over non-agricultural uses when considering land
use conflicts. (Agriculture Policies:2.1)
7. Be consistent with the County's policy of agricultural uses to include a broad range of agricultural activities.
(Agricultural Policies: 2.10)
8. Be consistent with the County's policy to prohibit non-farm development on productive farmland. (Agricultural
Policies: 3.5)
9. Be consistent with the goal to preserve agricultural land for crop and livestock production,scenic values, and wildlife
habitat. (Plan Goal#IV, p.42)
10. Be consistent or not in conflict with the St. Croix County Natural Resources Management Plan.
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11. Be consistent with and can comply with standards in Chapter 12 Sanitary, Chapter 13 Land Division and Chapter 17
Zoning Ordinance.
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May 18,2017 RZN-2017-003
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 (#1-10)the rezoning is consistent with the County Comprehensive 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 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 y Cornryunit y Devetop ent Department 12
3 ( RZN-2017-003
� � �✓l�yl,I' I ,C'^� Bruce Fall,Beverly Sellent �
Town of Cylon
Section 20,T31N,R16W
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0.38 Acres from Rural Residential to AG-1 Agricultural
1 Legend
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