Loading...
HomeMy WebLinkAboutPlanning & Zoning 03-15-2000 AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Ronald Raymond, Chairman COMMITTEE TITLE: Planning, Zoning and Parks Committee DATE: Wednesday, March 15, 2000 TIME: 7:00 p.m. LOCATION: St. Croix County Government Center, Community Room (lower level 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER: ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING: ACTION ON PREVIOUS MINUTES UNFINISHED BUSINESS: OLD BUSINESS: NEW BUSINESS: 1) Herbert and Harriet Day to rezone approximately 195.2 +/- acres of land from Agriculture to Ag/Residential. Location: A parcel of land located in the SW '/4 of Section 17, T28N-R19W and the NE '/ of the NW '/4 of Section 20, T28N-R19W, Town of Troy, St. Croix County, Wisconsin. ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT (Agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: March 8, 2000 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board MINUTES St. Croix County Planning,Zoning and Parks Committee March 15,2000 St. Croix County Government Center,Hudson,Wisconsin Committee present: Ron Raymond,Dave Hense,Art Jensen, Gerald Larson,Linda Luckey. Staff present: Steve Fisher,Debra Zimmermann Chairman Raymond called the meeting to order at 7:00 p.m. A motion was made by Luckey, second by Hense to adopt agenda. All in favor. Motion carried. A discussion was held on the upcoming schedule. The next meeting for this Committee will be Wednesday,March 22nd, at the Ag Center in Baldwin. Chairman Raymond then explained the rules of the hearing.He stated that the Committee has received a Resolution from the Town of Troy denying the Day rezoning request, so this request will need to be handled differently than usual. The Committee needs to follow the options that are stated in the Statutes. The Committee will hear testimony this evening, and after some deliberation,will make a decision on the request that will be forwarded to the County Board in March. The hearing notice was read into the record. Zoning Business Fisher explained that this request is to rezone property in the Town of Troy for residential development. The Committee has received information from the Zoning staff on this file. Fisher reiterated that the Committee has only so many options on this request, as the Town of Troy has submitted a formal Resolution denying this request. He further explained that State Statute 59.69(5)(e)3 states that"the agency may not recommend approval of the petition without change,but may only recommend approval with change or recommend disapproval".Fisher then went over what the Committee needs to consider when making their decision. Steve Goff,attorney for Herbert and Harriet Day, explained the process that has taken place with this rezoning request. The town is currently under a new subdivision ordinance,but the Days submitted their application before the new ordinance was adopted. Therefore, this was heard under the old ordinance. Goff went over State Statute 91.77 and how it relates to this request. He stated that he believes there would not be a burden placed on the Town, there are adequate public facilities, as stated in letters they have received,and the developer would take care of any infrastructure needed. Goff believes that this is not prime farmland, and stated that approximately 48 acres of the 195 acres is considered good farmland. The remainder, according to a report from Dr. Gary Rohde, is not economically viable for farming. Goff stressed that the plan allows for managed growth, not "no" growth. The proposed subdivision would contain lots that would be 3 or more acres. He further stated that he believes that the new ordinance does not have anything to do with saving farmland,but rather, it has to do with density. Goff said that the Day property is surrounded by Ag/Residential land. Chairman Raymond opened the meeting for comments from the public. Jim Woodruff stated that he owns property adjacent to Days. He believes that the Day property should be rezoned as his land is not good for farming. Don Brown stated that his property borders Days. He agrees with the earlier statements that this land is not viable farmland. He has seen the concept map for the subdivision, and believes it is a good plan for this area, and the road plans that are proposed would be good for everyone, including access to his property. Gwen Kuchevar,attorney representing the Town of Troy,responded to the comments in favor of the rezoning request. She agreed that this request is under the old subdivision ordinance, and that there is now a new ordinance in place. The County adopted the Town's Growth Management Plan in 1992, and Kuchevar believes that because of this plan being adopted, the County should be in partnership with the Town on this plan. It is important to the Town of Troy that the county respects their Growth Management Plan. There is concern in the Town that East Cove road would need to be improved due to increased traffic if this rezoning is approved. She stated that the infrastructure that the developer would take care of would be interior roads,not the town roads. Kuchevar went on to explain that there have not been any rezonings of this size approved in the past 3 years. Ruemmele's property was approved, but there is a golf course on that property that preserves green space. The vast majority of the recent rezonings have been to accommodate family members wanting to build on the family farm. Other rezonings that have taken place have complied with the Town Plan. Kuchevar further stated that Mr. Day has had a very successful farm on this property and she believes that it is good farmland. Kent Bahner stated that the Growth Management Plan has a map showing properties and how they are to be zoned. The Day property is in the area that is designated as exclusive agricultural land. The soils are classified as II, III and IV. The Growth Management Plan discourages rezoning of these types of soils. Dean Albert, Chairman for the Town of Troy, added that he agrees with what has been stated by Kuchevar and Bahner, and added that this rezoning and subsequent subdivision would put a great burden on the roads in this area,particularly East Cove Road. There would be a cost to the Town if roads need to be repaired or upgraded. The Town does not believe that the taxes that would be generated by this rezoning and subsequent subdivision would cover the costs of improvements that may be needed. Steve Goff stated that under the new subdivision ordinance, the Town would allow Mr. Day to rezone,but he would only be allowed to develop 60%of his land. He further stated that the farm has been for sale for over a year, and no one is interested in buying it for a farm. It would be very difficult to make a living on this farm at this point in time.Farming is not like it was 20 years ago. Bert Day explained his reasons for the request to rezone his property. He has farmed for 30 years, and has been successful because he believes he has been a good steward of the land, and is a conservationist. He has the opportunity to sell this property for a good price to have it developed, and he would get a much better price selling it to a developer, than for a farm. He reiterated that no one is interested in buying it for a farm, and his children are not interested in farming. Under the new Town of Troy subdivision ordinance,he would only be allowed to develop 60%of the land. He stated that leaving 40%of the land open is very substantial to his income,as this is his retirement. Kuchevar added that the Town has designated this area as an exclusive ag area under the Town Plan. There are other avenues that can be looked at, such as the new subdivision ordinance or cluster development. The Town is not bound to rezone a piece of property as a way for a farmer to retire. Dave Hense stated that he would like to see the Town meet with the Days to see if they could work something out that would be good for everyone involved. Motion by Hense, second by Larson to close the hearing.All in favor,motion carried. Motion by Luckey, second by Raymond to deny the rezoning request based on the following findings: 1. The proposed rezoning request does not meet the current Town of Troy Growth Management Plan. 2. The Troy Town Board and Planning Committee recommended denial of this rezonement request. 3. The Town of Troy submitted a formal Resolution disapproving the rezoning request pursuant to § 59.69(5)(e)3 and the St. Croix County Zoning Ordinance 17.72. The statute further states that by the Town filing such a Resolution, "the agency (committee)may not recommend approval of the petition without change,but may only recommend approval with change or recommend disapproval". 4. On August 18, 1992,the St. Croix County Board of Supervisors passed a resolution adopting the Town of Troy Growth Management Plan as an element of the St. Croix County Development Plan. 5. The "Policies"of the Troy Growth Management Plan discourages residential development on land with soil classifications I,II III or IV The predominant soils on the parcel are class II,III and IV,with nearly 50% of the soils being Class H. 6. The Town of Troy has major concerns with the impact the increased traffic would have on East Cove Road. 7. The 195.2-acre agriculture zoned parcel is located in a region predominantly surrounded by other agricultural zoned land,providing a buffer from incompatible or potentially conflicting land uses. 8. The text and map of the Growth Management Plan are tied together. The text strongly supports the use of the map as a decision making tool. "The land use plan consists of a map delineating where future development should or should not occur." The 195.2- acre parcel located in Sections 17 and 20 in the Town of Troy is identified as an Agriculture parcel within the Town of Troy Growth management Plan(maps attached). Denial of the request to rezone the 195.2-acre parcel to Ag-Residential is consistent with the Town of Troy Growth Management Plan. 9. The Planning,Zoning and Parks Committee policy is to require rezoning requests be consistent with land use plans or growth management plans, or require the Town to amend the plan and map. 10. Land use decisions,which are based on a comprehensive growth management plan, promote objective analysis of requests,based on the characteristics of the land and the site instead of the personal characteristics of current or prospective owners. Motion carried with Lucky,Raymond and Hense voting in favor of the denial, Larson and Jensen voting in opposition. Motion by Larson, second by Jensen to adjourn. All in favor. Motion carried. Meeting adjourned at 8:35 p.m. Respectfully submitted, Gerald Larson, Secretary Debra Zimme nn, Recorder c _