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HomeMy WebLinkAboutPlanning & Zoning 04-22-09 NOTICE OF MEETING AND AGENDA PLANNING AND ZONING COMMITTEE WEDNESDAY, APRIL 22, 2009, 7:00 PM ST. CROIX COUNTY GOVERNMENT CENTER COMMUNITY ROOM 1101 CARMICHAEL ROAD, HUDSON, WISCONSIN CALL TO ORDER ROLL CALL ADOPTION OF AGENDA DATE OF NEXT MEETING — ACTION ON PREVIOUS MINUTES: NEW BUSINESS: PUBLIC HEARING NOTICE The St. Croix County Planning and Zoning Committee will be conducting a public hearing on Wednesday, April 22, 2009 at 7:00 p.m. at the St. Croix County Government Center Community Room, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following petition(s): REZONING APPLICANT: Wilma, Edward and David Schachtner LOCATION: SETA of SE1 /4, Section 9, T3 IN, R19W, and NEIA ofNE1 /4, Section 16, T3 IN, R19W, Town of Somerset ADDRESS: 2200 50 Street REQUEST: To rezone approximately 74.47 + /- acres from Agricultural to Agricultural - Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. APPLICANT: David and Catherine Schachtner LOCATION: SE1/4 ofNWI /4; NE1 /4 of SW1 /4; and NW1 /4 of SW1 /4, Section 10, T3 IN, R19W, Town of Somerset ADDRESS: 2210 50 Street REQUEST: To rezone approximately 81 +/- acres from Agricultural to Agricultural- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. APPLICANT: Schachtner Family Limited Partnership LOCATION: NW 1/4 of SW 1 A & SW1A of SW 1/4, Section 9; SW 1/4 of SW1A, SE1A of SW1A, SW1A of SE 1/4, & SE 1/4 of SE 1/4, Section 10; NW 1/4 ofNE1 /4, SE 1/4 of NE 1/4 and NE 1/4 ofNW1 /4, Section 16, T31N, R19W, Town of Somerset ADDRESS: 2200 50 Street REQUEST: To rezone approximately 351.75 + /- acres from Agricultural to Agricultural - Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance ANNOUNCEMENTS & CORRESPONDENCE POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURN SUBMITTED BY: St. Croix County Planning and Zoning Office DATE: April 16, 2009 COPIES TO: County Board Office Committee Members County Clerk News Media/Notice Board MINUTES PLANNING AND ZONING COMMITTEE ST. CROIX COUNTY GOVERNMENT CENTER, HUDSON, WI April 22, 2009 Supervisors: Gene Ruetz, Lorin Sather, Sharon Norton - Baumann, Steve Hermsen Absent and Excused: Peter Post Staff. Kevin Grabau, Monica Lucht Guests: Edward Schachtner, Denise Gunderson, RA Wettergreen Chair Ruetz called the meeting to order at 7:00 p.m. Motion by Norton- Baumann to adopt the agenda, 2 nd by Sather. Motion carried. The next committee meeting is scheduled for May 12, 2009 at 8:30 a.m. in Hudson. Action on previous minutes: none The public hearing notice was acknowledged for the record and turned over to Grabau. APPLICANT: Wilma, Edward and David Schachtner LOCATION: SETA of SE1/4, Section 9, T3 IN, R19W, and NEIA of NE1/4, Section 16, T3 IN, R19W, Town of Somerset ADDRESS: 2200 50'' Street REQUEST: To rezone approximately 74.47 + /- acres from Agricultural to Agricultural- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Grabau reviewed staff report as well as a current county zoning map and a map of the proposed rezoning. The purpose of the request is to allow for future land exchanges between family members. Staff recommends that the Committee approve the requested rezoning for the parcels listed in this application based on the following findings of fact: 1. The Town of Somerset Town Board recommends rezoning the property in this application from Agricultural to Agricultural - Residential citing that the request meets WSS 91.77. 2. Based on TRC findings (# 1 -3, 5 -10, 13 -15, 17) the rezoning is consistent or generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 3. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 4. The proposed use is generally consistent with the spirit or intent of the ordinance. Grabau asked if the committee had any questions. Motion by Sather to approve the rezoning request from AG to Ag- Residential, 2 nd by Hermsen. Chair Ruetz asked if anyone wished to speak in favor. Schactner responded Grabau did a good job explaining. We want to start dividing between relatives and plan how to divide the land. Chair Ruetz asked if anyone wished to speak in opposition. No response. Norton - Baumann had some questions and asked if this land could be divided if not rezoned from Agriculture to Agriculture - Residential. 1 Grabau answered that if property remains exclusive AG it has to stay at 35 acres. Anytime you divide below you would be required to go through the Certified Survey Map process. Norton- Baumann noticed the reason was to trade lands with relatives and asked if that was correct. Schachtner explained the purpose was to swap land with his brother and divide among six children and there is no way to divide unless rezoned to Ag -Res. Norton- Baumann replied so there is no way it would work to leave parcels in Agriculture and just switch parcel for parcel. Schachtner replied there isn't enough land acreage to remain Agricultural. The type of land is not worth saving for farmland. Norton - Baumann stated her concern referencing the St Croix County Development Management plan specifically numbers 4, 5, 6, 7, 8, 11, 12 and 16. Schactner explained he would meet criteria when the time came to develop. Norton- Baumann replied #11 and #12 may not be an issue, because property is not productive farmland but #16 could be an issue if land is productive farmland or had scenic bluffs. Norton - Baumann asked if there was any way to approve rezoning but with stipulations that #4 through #8 are complied with. Chair Ruetz stated that when the time came, the Board of Adjustment would ensure compliance with the Management plan. Norton - Bauman asked if there was a way to condition the request. Grabau answered that the request can be conditioned but not based on future types of development. The Development Management plan is meant to be a guide. Norton- Bauman asked if the Township wasn't interested in preserving any of this as productive farmland. Grabau answered that it wasn't in the Town plan. Hermsen indicated that he sees the landowner wants to prepare for his children, and if the lands are qualified to do that, we can't turn the rezone down. Sather remarked that all land around these parcels is already Ag- Residential, and this land is not great farmland. Chair Ruetz asked if there was any further discussion. No response. Chair Ruetz asked for a vote to approve the rezoning. Motion carried. APPLICANT: David and Catherine Schachtner LOCATION: SE1/4 ofNWl /4; NE 1/4 of SW1 /4; and NW1 /4 of SW 1/4, Section 10, T3 IN, RI 9W, Town of Somerset ADDRESS: 2210 50`' Street REQUEST: To rezone approximately 81 +/- acres from Agricultural to Agricultural- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance. Grabau reviewed staff report as well as a current county zoning map and a map of the proposed rezoning. The purpose of the request is to allow for future land exchanges between family members. Staff recommends that the Committee approve the requested rezoning for the parcels listed in this application based on the following findings of fact: 1. The Town of Somerset Town Board recommends rezoning the property in this application from Agricultural to Agricultural - Residential citing that the request meets WSS 91.77. 2. Based on TRC findings (# 1 -3, 5 -10, 13 -15, 17) the rezoning is consistent or generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 2 3. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 4. The proposed use is generally consistent with the spirit or intent of the ordinance. Chair Ruetz asked if anyone wished to speak in favor. Schachtner reiterated that the land is not good for farming. There hasn't been a good crop in four years, it's close to the road and they would like to sell it off. Chair Ruetz asked if there was anyone who wanted to speak in opposition. No response. Motion by Sather to approve the rezoning from AG to Ag -Res, 2 nd by Hermsen for discussion. For discussion Norton- Baumann asked if the rezoning is done solely for land trade is the land to be traded zoned AG. Schachtner responded the land to be traded is the previous rezoning just approved. Chair Ruetz asked if there was any further discussion. Norton- Baumann stated she is concerned that down the road some agency reviewing the development phases really monitors and will require the correct corrections that land doesn't erode. Grabau indicated that any land within this area will require special exception or land use permits for filling and grading. Review will come from the land division side and Board of Adjustment. Chair Ruetz took a vote on this rezoning. Motion carried. APPLICANT: Schachtner Family Limited Partnership LOCATION: NW1 /4 of SW1/4 & SW1/4 of SWI /4, Section 9; SWl /4 of SWl/4, SE1/4 of SW1 /4, SW 1/4 of SE 1/4, & SE 1/4 of SE 1/4, Section 10; NW 1/4 ofNE1 /4, SE1 /4 ofNE1A and NE 1/4 ofNW1A, Section 16, T31N, R19W, Town of Somerset ADDRESS: 2200 50` Street REQUEST: To rezone approximately 351.75 + /- acres from Agricultural to Agricultural- Residential pursuant to Section 17.72 of the St. Croix County Zoning Ordinance Grabau reviewed staff report as well as a current county zoning map and a map of the proposed rezoning. The purpose of the request is to allow for future land exchanges between family members. Staff recommends that the Committee approve the requested rezoning for the parcels listed in this application based on the following findings of fact: 1. The Town of Somerset Town Board recommends rezoning the property in this application from Agricultural to Agricultural - Residential citing that the request meets WSS 91.77. 2. Based on TRC findings (# 1 -3, 5 -10, 13 -15, 17) the rezoning is consistent or generally consistent with the County Development Management Plan and the County Natural Resources Management Plan. 3. It appears that the proposed use can comply with standards in the Land Use, Subdivision and Sanitary ordinances. 4. The proposed use is generally consistent with the spirit or intent of the ordinance. Chair Ruetz indicated this land isn't any better either for farming. Grabau wanted it on record that the original application contained nine parcels. One piece was left off but was intended to be part of the application. This was a 3 -acre piece not listed on the public 3 notice. But the hearing notice did capture the 3 -acre piece along with the 40 -acre parcel, which makes 10 parcels total being rezoned. Chair Ruetz asked if anyone wished to speak in favor. Schachtner indicated this was the remaining family farm of which his mother is the lead partner to decide any property divisions. Grabau mentioned these parcels also had no productive farmland soils present. Chair Ruetz asked if there was anyone who wanted to speak in opposition. No response. Motion by Sather to approve the rezoning from AG to Ag- Residential, 2" by Chair Ruetz. Chair Ruetz asked if there was any further discussion. Hermsen clarified with Grabau the parcels being rezoned on the map. Chair Ruetz took a vote on this rezoning. Motion carried. Schachtner thanked the Committee and Grabau for his hard work. Chair Ruetz adjourned the meeting at 7:48 p.m. O.L. Monica Lucht, Recorder Gene Ruetz, Chair 04 -22 -09 4