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HomeMy WebLinkAboutPlanning & Zoning 12-19-2000 li. AMENDED ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Tom Dorsey,St.Croix County Board Chairperson FROM: Ron Raymond,Chairperson COMMITTEE TITLE: Planning,Zoning&Parks DATE OF MEETING: Tuesday,December 19,2000 TIME: 9:00 a.m. LOCATION: St Croix County Government Center 1101 Carmichael Rd Hudson WI County Board Room CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING 1. Zoning Business a. Minor Subdivisions b. Major Subdivisions Finals Torey Pines-Richmond St.Croix National-Somerset Eagle Bluff-Troy West Ridge Acres-Troy Troy Wood-Troy Troy Village Fourth Addition-Troy Evergreen Overlook-Richmond* Pleasant Hills First Addition-Hammond* c. Other Business* 1. Bills,Invoices and Revenue Report* 2. Scheduling of Rezoning Requests* 3. Cook Rezoning* 4. Findlay Rezoning* 5. Town of Warren Zoning** 6. Discussion of Rezoning Procedures* 7. Municipal Plats* 8. Ordinance Discussion* a. Road Setbacks* b. Floodplain* c. Comm 83* 2. Park Business a. Bills and Invoices b. Park Manager Report c. Perch Lake Park-Pete Kling d. Wildwood Trail e. Any Other Business 3. Planning Business a. Bills and Invoices b. Town Plans/Grant Application c. Planner/GIS Specialist Recruitment d. Hudson Area Sewer Service Plan e. 2000 Property Tax Processing f. Any Other Business AGENDA ITEMS FOR NEXT MEETING ANNOUNCEMENTS&CORRESPONDENCE ADJOURNMENT (This agenda not necessarily presented in this order.) *Items added or revised for amended agenda. Submitted by: St.Croix County Planning Department Date: December 18,2000 cc: County Board Office,News Media/Notice Board,County Clerk, Committee Members X AMENDED ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Tom Dorsey,St.Croix County Board Chairperson FROM: Ron Raymond,Chairperson COMMITTEE TITLE: Planning,Zoning&Parks DATE OF MEETING: Tuesday,December 19,2000 TIME: 9:00 a.m. LOCATION: St Croix County Government Center 1101 Carmichael Rd Hudson WI County Board Room CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING 1. Zoning Business a. Minor Subdivisions b. Major Subdivisions Finals 1 Torey Pines-Richmond St.Croix National-Somerset Eagle Bluff-Troy West Ridge Acres-Troy Troy Wood-Troy Troy Village Fourth Addition-Troy Evergreen Overlook-Richmond* Pleasant Hills First Addition-Hammond* c. Other Business* 1. Bills,Invoices and Revenue Report* 2. Scheduling of Rezoning Requests* 3. Cook Rezoning* 4. Findlay Rezoning* 5. Discussion of Rezoning Procedures* 6. Municipal Plats* 7. Ordinance Discussion* a. Road Setbacks* b. Floodplain* c. Comm 83* 2. Park Business a. Bills and Invoices b. Park Manager Report c. Perch Lake Park-Pete Kling d. Wildwood Trail - e. Any Other Business 3. Planning Business a. Bills and Invoices b. Town Plans/Grant Application c. Planner/GIS Specialist Recruitment d. Hudson Area Sewer Service Plan e. 2000 Property Tax Processing f. Any Other Business AGENDA ITEMS FOR NEXT MEETING ANNOUNCEMENTS&CORRESPONDENCE ADJOURNMENT (This agenda not necessarily presented in this order.) *Items added or revised for amended agenda. Submitted by: St.Croix County Planning Department Date: December 13,2000 cc: County Board Office,News Media/Notice Board,County Clerk, Committee Members I ST. CROIX COUNTY NOTICE OF COMNUTTEE MEETING TO: Tom Dorsey,St.Croix County Board Chairperson FROM: Ron Raymond,Chairperson COMMITTEE TITLE: Planning,Zoning&Parks DATE OF MEETING: Tuesday,December 19,2000 TIME: 9:00 a.m. LOCATION: St Croix County Government Center 1101 Carmichael Rd Hudson WI County Board Room CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING 1. Zoning Business a. Minor Subdivisions b. Major Subdivisions Finals Torey Pines-Richmond St.Croix National-Somerset Eagle Bluff-Troy West Ridge Acres-Troy Troy Wood-Troy Troy Village Fourth Addition-Troy 2. Park Business a. Bills and Invoices b. Park Manager Report c. Perch Lake Park-Pete Kling d. Wildwood Trail e. Any Other Business 2. Planning Business a. Bills and Invoices b. Town Plans/Grant Application c. Planner/GIS Specialist Recruitment d. Hudson Area Sewer Service Plan e. 2000 Property Tax Processing f. Any Other Business AGENDA ITEMS FOR NEXT MEETING ANNOUNCEMENTS&CORRESPONDENCE ADJOURNMENT (This agenda not necessarily presented in this order.) *Items added or revised for amended agenda. Submitted by: St.Croix County Planning Department Date: November 9,2000 cc: County Board Office News Media/Notice Board County Clerk Committee Members MINUTES PLANNING, ZONING AND PARKS COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON,WI DECEMBER 19, 2000 Present: Supervisors Ron Raymond, Linda Luckey, Art Jensen and Buck Malick. Staff: Steve Fisher, Mary Jenkins, Rod Eslinger, Greg Timmerman, Brian Halling, Dave Fodro- czi, Ellen Denzer, Joe Grant, Pete Kling, Debbie Zimmermann, and Judy Kahler. Guests: Sean Bohan, Bill Berndt, Roger Humphrey, Doug Zahler, Ron Johnson, Ron Bonte, Jerry Larson, Charles Coole and William&Ann Findlay. Absent: Gerald Larson, excused. Chair Raymond called the meeting to order at 9:10 a.m. It was noted by the Zoning staff that the final plat for Torey Pines will be removed from the agenda. Malick moved, second by Jensen and carried, to adopt the agenda with the change noted. Minutes/ Meeting Dates: Raymond said the next meeting is tomorrow evening for a re- zoning hearing. Minor Subdivisions: See Attachment A Major Subdivisions: See Attachment B The Committee recessed from 10:00 a.m. to 10:15 a.m. Comm-83: Rod Eslinger went over the proposed ordinance to delay some of these new technologies listed in Comm-83. The proposed ordinance will be in effect until January 1, 2003. Malick has reviewed this proposal and had small changes that have been imple- mented. He agrees that it is ready to be presented at a public hearing. The hearing is set for Wednesday, January 10, 2001. i Bill Berndt was present on behalf of the Western Wisconsin Builders Association. The association is concerned about the timeline of this delay. They expected this to be ready to go in November of this year and want to know the reason it was moved back. Ray- mond said that there are issues that have come up with some of these systems. The staff has proposed questions to the state that they have not been able to answer, therefore, the Committee wants to make sure that these technologies are safe for everyone's use. The staff also needs some time to ready themselves to be qualified to inspect the new systems. The Committee is optimistic that this delay will be lifted before the January, 2003 date. Motion by Malick, second by Jensen to advance this proposal to the hearing scheduled for January 10, 2001. Motion carried. 1 I. Rezonings: Fisher reminded the committee that the Leslie Cook request was heard on November 29, 2000 at the Government Center in Hudson and is before the committee today for a decision. The request is to rezone a 63-acre parcel of land in the Town of Somerset from Ag to Ag/Residential. Fisher updated the committee and went over original staff report. A motion was made by �? Malick, second by Jensen and carried to approve the request based on the following findings: 1. The Town and County confirmed that the request is compliant with §91.77. 2. The request meets the spirit and intent of the County Plan. 3. The proposed parcel is surrounded by ag/residential development. 4. The proposed parcel is not identified on the potentially productive agriculture map and is not being farmed at the present time. 5. The Town recommends approval of the request. 6. The proposed parcel is not identified on the environmental corridor map. 7. There was no opposition to this request. Request will be forwarded to County Board. William and Ann Findlay: Fisher updated the Committee. Fisher and Fodroczi have met with Corporation Counsel, Greg Timmerman and they handed out a memo from Timmerman on "conditional rezoning". Timmerman addressed the committee and ex- plained the difference between "conditional" and "contractual" rezoning. Contractual rezoning in Wisconsin is illegal. Conditional rezoning is not, is becoming more accept- able around the state, and allows for flexibility in our rapidly changing environment. Conditional zoning should be the "exception," not the rule, and consistent with planning and zoning principles. Timmerman stated that the Committee must consider whether the conditional rezoning primarily benefits the public welfare and does not primarily further private interests. The reasonableness of the rezoning in relation to neighboring or sur- rounding land uses, along with the comprehensive plan must be examined. A discussion was held on conditional rezoning. Fisher reminded the Committee that they need to be careful with conditional rezonings, as where do you draw the line for future requests, and believes this particular request would be rezoning by negotiation. Fodroczi stated that he agrees with Fisher. Timmerman added that he understands that the Findlay property is in prime ag land area. Jensen does not agree with that statement, and wanted it put on the record that this is not prime ag land. There is a mixture of zoning in the Town of Rush River. Findlay went over the plans for the land and stated that he would be allowed to put six homes on the property now, as it is currently zoned, but would like to utilize all of the land and believes it would be a more attractive subdivision. 2 it Malick offered Attachment C. A motion was made by Raymond, seconded by Malick, and carried, to deny the rezoning request based on the record and these findings: 1. The property is currently zoned exclusive ag. 2. The property is adjacent to a large industrial type dairy operation and to rezone the property would be incompatible with surrounding land uses. 3. The request does not meet the intent of the County Land Use Plan. 4. The Town of Rush River does not have a Town Plan. 5. The Committee believes that there are other options available to meet the applicant's goals for developing the property. 6. Ag/Residential zoning is not consistent with the rural character of this area. Jensen voted in opposition to the denial, stating for the record that he believes that some of the reasons for denial are not valid. The Committee recessed at 12:30 p.m. and reconvened at 2:05 p.m. The Committee asked that the topics of Road Setbacks and Rezoning Procedures be placed on the January agenda. Bills, Invoices and Revenue Report: A motion to approve zoning bills in the amount of $9,053.05 and revenue of$52,628.00 for the month of November was made by Malick, seconded by Jensen and carried. Town of Warren: Fisher informed the Committee that the Town of Warren claims to have adopted zoning regulations, outside of County regulations, and not approved by the County. He further stated that it is very confusing for applicants for rezonings and special exceptions. Timmerman stated that the Town of Warren is under County zoning. The Committee asked how the Town could have an ordinance, more restrictive than the County one. They also questioned whether after a town opts out of County zoning, it could get back in. Fodroczi said that according to State Statute, a town ordinance must be pre-approved by the County. Timmerman will look into this. Raymond suggested that Fisher and staff meet with the Town. Floodplain Ordinance: The Committee reviewed the proposed ordinance presented by Eslinger. Gary LePak, of the DNR, will be sending a letter of conditional approval. Es- linger said all changes submitted have been incorporated into this draft. Motion by Ma- lick, second by Jensen to adopt as presented and bring to the hearing on January 101 Motion carried. Municipal Plat: The Committee reviewed North Hudson Duplexes in the SW 1/4 S13 T29N R20W, Village of North Hudson. A motion to certify no objection was made by Jensen, seconded by Raymond and carried. 3 Rezonings Scheduled: These were scheduled: January 17th, 7:00 p.m.: Anderson(Baldwin), Lorentson(Baldwin), Ramberg (Eau Galle) at the Ag Center in Baldwin January 24th, 7:00 p.m.: Three Putt, LLC (Warren) at the Government Center in Hudson PARK BUSINESS Bills and Invoices Motion by Malick to approve Park bills in the amount of$43,403.86, seconded by Luckey and carried. Wildwood Trail Grant spoke to members of the Baldwin-Woodville Snowmobile Club regarding trail access over the Rodel property. Rodel informed the members they could not use his property or the property he leased until his driveway across the trail is ap- proved for a subdivision. The club is seeking permission from various private landowners so the trail can be relocated from Baldwin to Woodville on the north side of Highway 12, by-passing Rodel's property. Park Managers Report Aerators have been installed in Pine Lake and seem to be working well. The two aerators were installed December 8th & December 11th. Grant re- ported anglers are catching blue gills and crappies at this time. The Snowmobile Association met December 13th. The trailhead at the site of the old Hudson V.F.W. will be closed due to urban sprawl in the area. The trailhead will be moved to Burkhardt. The Association has a contract with Bob and Rick Derrick for trail grooming again this year. The Department of Natural Resources has passed a statewide speed limit after sunset of 50 m.p.h. on snowmobiles. The State does not have any other laws at this time regulating speed. The County trails will open on Dec.21st at 8:00 a.m. The Snowmobile Hotline number of 715-772-6824 can be used to access trail conditions. The message will reflect the closing of the trail from Baldwin to Woodville until it's signed. Proposals for playground equipment for Glen Hills are due back in late January. The es- timated cost of the project is approximately $37,000.00. It will take approximately 6-8 weeks to get the equipment. A vendor will be selected in March. Request for proposals for a new truck were sent in December and responses are due back by Jan. 5th. Grant asked Steve Schofield of the Highway Department to help draw the specs. They do not bid trucks any longer. The Committee will review truck and lawn mower proposals also on January 9th As part of the Park improvement funds the underground holding tank at Glen Hills will be removed and replaced with a new 12,000 gallon concrete tank by June 15, 2001. Grant has contacted the Zoning Office on where to start. They suggested getting a plumber, get ting a State approved plan and getting a sanitary permit. Parks has had Internet service since mid-November at sccparks@win.bright.net. 4 i The dock for Bass Lake was moved from storage at the Highway Department to the site, but will not be installed until spring. Land and Water will be the administrator of the boat landing dock. Perch Lake Project Manager Pete Kling advised the Committee he would adhere to the schedule that was developed by Bonestroo on the Perch Lake Project. The public opening for the Park will be Memorial Day 2002. A DNR Chapter 30 Permit and a Special Ex- ception from the Zoning Office will be required prior to the commencement of Phase II construction. Fedderly could not commit to the schedule prepared by Bonestroo. Fed- derly stated that Perch Lake is a low priority, high risk project. Kling may seek estimates for the road building from other contractors. Discussion was held concerning biddable specifications. Kling and staff will tour the Cannon River Scout Reservation on Decem- ber 20th, weather permitting. PLANNING BUSINESS Bills and Invoices Malick, seconded by Raymond, moved to approve bills in the amount of$3,284.26 and revenue of$483.50. Carried. Town Plans/Grant Application Fodroczi shared a copy of an email message regarding the Comprehensive Grant applications received from the State. 103 applicants requested- over equestedover $3.4 million dollars. Eighteen applications are multi jurisdictional efforts, which will get higher scoring. Applicants will be competing for $2.5 million in grant funds for this cycle. We submitted a multi jurisdictional application for the Towns of Hammond, Pleasant Valley and Rush River. The Village of Roberts and the Town of Warren also submitted a joint application. The Village of Baldwin, Town of Eau Galle, and Glenwood City each submitted individual applications. The application that we submitted should be very competitive. Grant awards will be known by mid-January. Planner/GIS Specialist Recruitment Advertising for the position was placed in the St. Paul Pioneer Press the Sunday of Thanksgiving weekend and the County papers one week thereafter. It is on the websites of the Wisconsin and Minnesota Chapters of the American Planning Association, Wisconsin Land Information Association and Statewide _ Technical Assistance Server for land information professionals. Deadlines were extended until December 29th. Interviews will be held the second or third week of January de- pending on schedules. The Committee will not sit in on the process, but gave Fodroczi the authorization to carry out the interview and hiring process. Fodroczi requested Committee action regarding a solution for the space needed for the person. Economic Development Director Bill Rubin could not be present at this hour due to the delay of agenda. Fodroczi and Rubin have spoken at length and the preferred op- tion is to relocate the Economic Development staff to new space in the rarely-used spare lunchroom. There would be very limited things that need to be done with the preferred choice. Planning would simply use those offices and give Economic Development a bet- 5 I ter opportunity for separate identity and more confidentiality while still being in the building. The Committee gave their support for the preferred choice. Hudson Area Sewer Service Plan The County has administered the Hudson Sewer Plan for about twenty years. The plan was updated in 1998. In the last couple of months two developments wanted to put homes in environmental corridors that had slopes of more than 20%. It is not in the plan, but the City of Hudson and Village of North Hudson have been sympathetic to the developers. There will be a meeting January 9th to see if the plan can be amended to let them do part of what they would like to do. Fodroczi informed the Committee that it would be difficult for the Planning Department to endorse the proposal. Real Property Lister Fodroczi reported all processing is complete except for the City of Hudson. Real Property just received the data from the City yesterday late afternoon. The Computer Services Department is working with the software vendor to do the electronic transfer from the City. Fodroczi thought we would be able to have them out late this week. Hudson had gone through a complete revaluation this year. Fodroczi informed the Committee this is our fourth year with this system and we had everything go smoothly. Fodroczi explained the 2000 tax timetable to the Committee. Motion by Larson, second by Luckey to adjourn at 4:37 p.m. and carried. Judy Kahler, ecording Secretary C. W. Malick, Secretary Deb Zi e ann, Recording Secretary jj I' i. 6 ATTACHMENT A MINOR SUBDIVISIONS December 19, 2000 1. Owner: Einar Horne Location: NE '/4-NE '/4, Section 21, T28N-R15W, Town of Cady, 2 lots totaling 11.10 acres, original parcel 11.10 acres. Staff Recommendation: Approval Committee action: Motion by Malick, second by Luckey to approve. Motion car- ried. 2. Owner: Arthur Batho Location: NW 1/4-SW 1/4, Section 21, Section 21, T28N-R16W, Town of Eau Galle, 3 lots totaling 14.293 acres, original parcel, 69.7 acres. Staff Recommendation: Conditional Approval: 1) Minor map revisions. Committee Action: Motion by Jensen, second by Malick to approve with condi- tions recommended by staff. Motion carried. 3. Owner: Kenneth Hinz Location: NE 1/4-SW 1/4, Section 26, T28N-R18W, Town of Kinnickinnic, 1 lot totaling 2.120 acres, original parcel, 117.9 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Malick to approve. Motion car- ried. 4. Owner: Wesley Nichols Location: NW 1/4-SW 1/4, Section 12, T30N-R15W, Town of Glenwood, 1 lot totaling 20 acres, original parcel, 160 acres Staff Recommendation: Approval Committee Action: Motion by Malick, second by Luckey to approve. Motion carried. - 5. Owner: John Mickelson Location: SE 1/4- SE 1/4, Section 2, T29N-R18W, Town of Warren, 1 lot totaling 4.26 acres, original parcel,152 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Malick to approve. Motion carried. 6. Owner: George and Helen Wevers Location: S % -SW Frac. 1/4, Section 18, T29N-R16W, Town of Baldwin, 1 lot totaling 2.131 acres, original parcel, 78.2 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Jensen to approve. Motion car- ried. 7 7. Owner: Kenneth Schwartz Location: SE '/4-SE '/4, Section 15, T30N-R16W, Town of Emerald, 1 lot totaling 10.12 acres, original parcel, 67.2 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Raymond to approve. Motion carried. 8. Owner: Wayne Evans Location: NE 1/4-NE 1/4, Section 14, T29N-R19W, Town of Hudson, 2 lots total- ing 6.21 acres, original parcel, 6.21 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Luckey to approve. Motion carried. 9. Owner: Arlen and Judy Luehmann Location: NW1/4 -NW1/4, Section 1, T31N-R18W, Town of Star Prairie, 1 lot to- taling 9.21 acres, original parcel, 181 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Luckey to approve. Motion carried. 10. Owner: Arlen and Judy Luehmann Location: SE1/4-NE1/4, Section 2, T31N-R18W, Town of Star Prairie, 1 lot total- ing 5.00 acres, original parcel, 181 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Jensen to approve. Motion carried. 11. Owner: Arlen and Judy Luehmann Location: SEI/4-NE1/4, Section 2, T3IN-RI 8W, Town of Star Prairie, 1 lot total- ing 5.00 acres, original parcel, 181 acres. Staff Recommendation: Approval Committee Action: Motion by Jensen, second by Malick to approve. Motion car- ried. 12. Owner: Sean O'Connell Location: G.L. 3, Section 28, T30N-R16W, Town of St. Joseph, 2 lots totaling 9.70 acres, original parcel, 9.70 acres. Staff Recommendation: Approval Committee Action: Motion by Malick, second by Luckey to approve with the following conditions: 1) Joint access to be constructed to county standards where it divides for two lots; 2) Change wording on the face of the map from "motorized access" to "motorized lift access"; 3) Correct the spelling of "building" on the face of the map. Motion carried. 8 ATTACHMENT B MAJOR SUBDIVISIONS 1. Eagle Bluff- Final Owner: Arthur&Marilyn Feyeriesen Trust/Gary & Rondi Feyereisen Location: Section 8, 16 & 17, Town of Troy, 42 lots + 7 outlots totaling 140 acres Staff Recommendation: Conditional Approval. 1) Financial guarantees equal to 120% of the construction estimates must be submitted and approved for road con- struction and erosion control. A written estimate must accompany the financial guarantees. 2) No construction, including earth moving, shall take place prior to approval of the financial guarantees; a construction waiver may be granted pro- vided financial guarantees are approved. 3) The County Highway Department and the Land and Water Conservation Department must be notified three (3) days prior to construction beginning. 4)Final DOA approval must be received. Committee Action: Motion by Raymond, second by Luckey to approve with staff recommendation and condition 5) Language to be added to the face of the plat stating that outlots noted on the map shall be unbuildable. Motion carried with Malick abstaining because he had represented the Feyereisens on other legal matters. 2. St. Croix National Estates North—Final Owner: J.P. Golf Management Location: Section 7, Town of Somerset, 7 lots totaling 23 acres. Staff Recommendation: Conditional Approval: 1) Financial guarantees equal to 120% of the construction bid are required for erosion control. A written bid must accompany the guarantee; 2) The Land and Water Conservation Department must be notified three days prior to construction beginning. Condition 3, minor map revisions, was withdrawn. Committee Action: Motion by Malick, second by Jensen to approve with condi- tions recommended by staff. Motion carried. 3. Troy Village, Fourth Addition—Final Owner: Continental Development Corp. Location: Section 19, Town of Troy, 11 lots +2 outlots Staff Recommendation: Conditional Approval: 1) Financial guarantees must be submitted for spring completion of road; 2) The county Highway Department and the Land and Water Conservation Department must be notified three days prior to construction beginning; 3) Final DOA approval. Committee Action: Motion by Malick, second by Lucky to approve with condi- tions recommended by staff and 4) Language to be added to the face of the plat stating that outlots noted on the map shall not be buildable. Motion carried. 9 I 4. Troy Wood—Final Owner: Humbird Land Corporation I' Location: Section 17 &20, Town of Troy, 44 lots +4 outlots totaling 193 acres Staff Recommendation: Conditional Approval Committee Action: Motion by Raymond, second by Malick to table request until meeting tomorrow evening (12/20). Staff will look at language in the ordinance and clarify what is allowed to be put on outlots. Motion carried. 5. West Ridge Acres—Final Owner: Paul Sylla Location: Section 21 Town of Troy, 6 lots totaling 66.81 acres Staff Recommendation: Approval Committee Action: Motion by Malick, second by Jensen to approve. Motion car- ried. 6. Evergreen Overlook- Final Owner: P.C. Collova Location: Section 24 & 25, Town of Richmond, 26 lots totaling 41.97 acres Staff Recommendation: Conditional Approval: 1)Final DOA approval must be received. Committee Action: Motion by Jensen, second by Malick to approve with condi- tions recommended by staff and additional condition 2) Language to be added to the face of the plat stating that outlots noted on the map shall not be buildable. Motion carried. 7. Pheasant Hills, First Addition - Final Owner: Ron and Dine Bonte Location: Section 16, Town of Hammond, 22 lots totaling 68.86 acres Staff Recommendation: Approval Committee Action: Motion by Malick, second by Raymond to approve with the following condition: Language regarding drainage ways to be placed on the final map. Motion carried. 10 ATTACHMENT C Motion to Deny Rezoning Whereas, William and Ann Findlay applied to rezone approximately 32.3 +/- acres of land from Agriculture to Ag/Residential located in the SW 1/4 of the NW 1/4, Sec- tion 13, T28N-R17W, Town of Rush River, St. Croix County, Wisconsin, And whereas, many years ago the applicants created two parcels from their total holdings of 40 acres, one with their house of approximately 7.7 acres and the balance now proposed to be rezoned. This facilitated their house loan, while preserving the land contract terms on the parcel now proposed to be rezoned. And whereas several years ago the 7.7 acres with the house was reclassified Ag/Residential, but the remainder of 32.3 acres was left Agriculture, And whereas Ag/Residential zoning allows residences on lots with a minimum of two acres. Hence, the parcel proposed to be rezoned would be probably be legally capa- ble of sixteen residential lots if the requested rezoning were granted, And whereas one of the goals of the St. Croix County Development Management Plan 2000-2020 adopted by the St. Croix County Board of Supervisors on March 21, 2000, is to preserve farm land from permanent modification, And whereas, the parcel proposed to be rezoned is now farmed and consists of tillable agricultural land identified on the County's potentially productive agricultural map, And whereas, the parcel proposed to be rezoned is immediately surrounded by Agricultural zoned land excepting the applicants' Ag/Residential home site and a small parcel to the northwest, And whereas, creation of a near-island of Ag/Residential zoning as proposed could be considered illegal "spot zoning," And whereas, the rezoning requested does not conform to the St. Croix County Development Management Plan 2000-2020, And whereas, the Town of Rush River has recently begun to create its first land use plan, which will designate locations for arterial roads, schools and other public facili- ties, as well as locations for residential development, for permanent agricultural use and perhaps for other types of land uses, And whereas, the acreage of the parcel proposed to be rezoned is less than the 35- acre size required of new parcels in Agricultural zoning. However, the parcel is pre- existing and the applicants own a total of 40 acres, And whereas, the applicants have alternative options to make the parcel proposed to be rezoned conforming and create saleable parcels, including: a. to rezone between two plus acres and seven acres of the Ag/Res. land to Agricul- tural, or b. to rezone the parcel proposed to be rezoned to Ag II instead of Ag/Residential, c. consistent with the rural character of the area to allow continued farming of the land and the construction of one farmhouse, or d. to rezone part of the parcel proposed to be rezoned along the road to Ag. Res. and leave an Ag. II buffer next to the large dairy farm, And whereas, the parcel proposed to be rezoned is actively farmed by neighboring farm operators under lease from the Findlays, 11 And whereas, the soils of the parcel proposed to be rezoned are about 56 percent Jewett soils, the most productive soils in St. Croix County, And whereas, the applicants' file calls the parcel proposed to be rezoned highly erodable, whereas the Land Conservation Department staff found that it is fairly flat and there is not an erosion problem under the current farm management plan, And whereas, the parcel proposed to be rezoned is within sight of and about %mile from what is essentially an industrial dairy, which is expanding to 1,800 cows, not com- patible with suburban housing, And whereas, this large dairy is already controversial. Claims have been made that it will pollute ground water and the Rush River. It requires farm equipment and trucks to travel adjacent roads past the parcel proposed to be rezoned to reach fields, suppliers and processors, And whereas, conflict is likely with future homeowners who build on the parcel proposed to be rezoned, and who can be expected to seize on every excuse to end the farming operations, And whereas, zoning exists to keep incompatible uses separated for the health, safety,property values and general welfare of citizens, present and future. Now therefore, upon the whole record, for the above reasons and others provided in the hearing, Committee deliberations, staff findings, and files, the requested rezoning is denied. December 19, 2000 For Against 12