Rezoning Staff Report St. Croix County Community Development Committee Gerald & Joan Mellgren Hearing Date: July 16, 2015

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1 Rezoning Staff Report St. Croix County Community Development Committee Gerald & Joan Mellgren Hearing Date: Property Owners: Gerald & Joan Mellgren Agent: William Mellgren Site Address: th Street Town: Eau Galle File #: Legal Description: NW ¼ of the NW ¼ of Section 33, T28N, R16W Total Acres: +/ Current Zoning: Commercial District Requested Zoning: AG-1 Agricultural District Attachments: 1. Application 2. Land Use Map BACKGROUND: Purpose of Request Gerald and Joan Mellgren own a 40.0 acre parcel that has an approximate acre portion of the property zoned Commercial and acres zoned AG-1. They have applied to rezone the portion zoned Commercial District to the AG-1 Agricultural District (AG-1). The portion of the property that is currently zoned Commercial was rezoned from Agricultural Residential to Commercial District in 1993 to allow for a commercial plumbing business, Lickness Plumbing, and the remainder of the 40.0 acre property remained in Agricultural Residential. In 2013 St. Croix County amended its agricultural districts through a comprehensive revision to its Land Use Ordinances in order to bring the agricultural districts into conformance with the newly created Farmland Preservation rules in Wisconsin State Statutes (WSS) Chapter 91. As part of this process the Towns within St. Croix County were allowed the option to stay under County zoning. If a Town decided to stay under County zoning then they had the option to change the zoning on properties within their Town and create a new zoning map. This new zoning map then needed approval by the St. Croix County Board of Supervisors. The Town of Eau Galle decided to stay under County zoning and it decided to keep the small portion of the Lickness property zoned Commercial District (see blue arrow below) and the other larger portion of the property to be zoned AG-1(see red arrow below). The Mellgrens have since purchased the property and they now pursue this rezoning request so that their entire property will be zoned AG-1. No new structures or uses are planned at this time. There is not a commercial business operating on this site. Prepared by St. Croix County Community Development Department 1

2 General Features of the Property Based on the Official County Zoning Map for the Town of Eau Galle this parcel is bounded by properties zoned AG-1, AG-2 and Rural Residential. (Land Use Map I current zoning) 2015 Aerial photo of the property: Prepared by St. Croix County Community Development Department 2

3 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 (3)(g). Town of Eau Galle Comprehensive Plan Below is an excerpt from the Eau Galle Comprehensive Plan, 2002: Prepared by St. Croix County Community Development Department 3

4 St. Croix County Comprehensive Plan Farmland Preservation Plan A property can only be zoned into AG-1 (or AG-2) 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 entire Mellgren property is eligible to zoned AG- 1 as the property is shown to be in the Farmland Preservation Area (see red arrows below) on the map, below: Prepared by St. Croix County Community Development Department 4

5 St. Croix County Future Land Use: This rezoning request is compatible with the St. Croix County Future Land Use Rural Areas map, for agricultural uses. (see red arrow below). The Mixed Rural Residential area (indicated by the green background with yellow polka dots) allows for agricultural as well as residential uses. The property does not contain any of the following: There are no Waterfowl Production Areas, Prairie Remnant sites, Sensitive Areas (Wildlife), Scenic & Recreational Areas nor Environmental Corridors. (Land Use Map II) Prepared by St. Croix County Community Development Department 5

6 There are also no Closed Depressions, Shoreland, Wetlands, nor Floodplain. This area is identified as containing Limiting Soils for POWTS (aka septic systems). There is an Intermittent Stream identified in the general area. (Land Use Map III) The site does contain areas of Farmland Preservation soils (Productive Farmland). The site does not contain Probable Gravel Deposits, Probable Sand Deposits, or steep sloped areas. (Land Use Map IV) GOVERNMENTAL AGENCY REVIEW: The Town Board of Eau Galle recommended approval of this rezoning request at their meeting on June 8, Prepared by St. Croix County Community Development Department 6

7 TECHNICAL REVIEW COMMITTEE FINDINGS The proposed use will: St. Croix County Comprehensive Plan 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. Limit development and will not convert productive agricultural land. (Agricultural Goals and Objectives: 3.2) 4. Discourage isolated non-agriculture commercial and industrial uses in agricultural areas. (Agricultural Goals and Objectives: 3.4) 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 nonagricultural 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 limited to locations outside of the farmland preservation area commercial and industrial land uses that are not clearly related to agricultural production. (Agricultural Policies: 3.14) St. Croix County Natural Resources Management Plan 10. Be consistent with the goal to protect and improve groundwater quality to supply clean water for drinking and recharging surface waters and wetlands, to protect and enhance surface waters and wetlands to preserve their ecological functions and recreational and scenic values, and to protect and restore fish and wildlife habitats for native species, improved water quality, recreational opportunities, and natural beauty. (Plan Goals # I-3, p. 33) 11. Be consistent with the goal to preserve agricultural land for crop production, scenic values, and wildlife habitat. (Plan Goal # IV, p. 42) 12. Be consistent or not in conflict with the St. Croix County Natural Resources Management Plan. Land Use Ordinances Consistency 13. Appears 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. Croix County Community Development Department 7

8 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 (# 1-11) the rezoning is consistent with the County Comprehensive Plan and the County Natural Resources Management Plan. 2. The Town Board of Eau Galle 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. Croix County Community Development Department 8