LAND CONSERVATION AND ZONING COMMITTEE

LAND CONSERVATION AND ZONING COMMITTEE AGENDA Date & Time of Meeting: Tuesday, May 2, 2017 at 12:30 p.m. Meeting Location: Large Conference Room, 210 River Drive, Wausau 54403 Land Conservation and Zoning Committee Members: James Seefeldt - Chair; Jacob Langenhahn - Vice-chair; Jean Maszk, Sandi Cihlar, Rick Seefeldt, Chris Voll, Kelly King - FSA Member Marathon County Mission Statement: Marathon County Government serves people by leading, coordinating, and providing county, regional, and statewide initiatives. It directly or in cooperation with other public and private partners provides services and creates opportunities that make Marathon County and the surrounding area a preferred place to live, work, visit, and do business. Conservation, Planning and Zoning Department s Mission Statement: To protect our community's land and environment because the economic strength and vitality of our community is dependent on the quality of our resources. Through leadership, accountability, community engagement and collaborative partnerships we promote thoughtful and deliberate use of resources and innovative solutions to ensure Marathon County has healthy people, a healthy economy and a healthy environment today and tomorrow. 1. Call meeting to order 2. Request for silencing of cell phones and other electronic devices 3. 15 minute public comment 4. Transcript of Item 8A, February 7, 2017 LCZ Committee Minutes Approval of April 4, 2017 LCZ Committee minutes 5. Review and possible action, possible recommendation to County Board for consideration A. Cynthia Verfuerth G-A General Agriculture to R-R Rural Residential B. Dennis Gonnering G-A General Agriculture to R-R Rural Residential C. Mike Foley F-P Farmland Preservation to R-R Rural Residential D. Dennis Wengelski G-A General Agriculture to R-R Rural Residential E. Mike Reynolds G-A General Agriculture to R-R Rural Residential 6. Review and possible action, possible recommendation to County Board for consideration A. Town of Halsey Approval of Town Zoning Code and Map pursuant to 60.62(3) Wis. Stats.) B. Wengelski Acres County Plat Preliminary Approval Town of Knowlton Tim Vreeland 7. Policy discussion, and possible action A. Modification to zoning fee schedule 8. Educational presentations / outcome monitoring reports, and possible action A. Natural Resources Conservation Service (NRCS) and Farm Service Agency (FSA) B. Wildlife Damage Abatement and Claims (Tharman) C. Department of Natural Resources (DNR) D. Department Update 1) Board of Adjustments: vacancies 2) Nutrient management plan enforcement 3) Town Planning and Zoning Officials workshops 4) Fenwood Creek Watershed Updates 5) Royal Haven & Royal View Plat approvals 9. Announcements and Requests 10. Next meeting date, time & location; Agenda items/future topics: Future agenda items: Safe Water Project Next regular meeting: Tuesday, June 6, 2017, 12:30 p.m., 210 River Drive 11. Adjournment Any person planning to attend this meeting who needs some type of special accommodation in order to participate should call the County Clerk s Office at 715-261-1500 or e-mail infomarathon@mail.co.marathon.wi.us one business day before the meeting. FAXED TO: SIGNED News Dept. at Daily Herald (848-9361), City Pages (848-5887), Presiding Officer or Designee Midwest Radio Group (848-3158), Marshfield News (715 387-4175), TPP Printing (715 223-3505), CenterState Marketplace (715 446-2370) NOTICE POSTED AT COURTHOUSE: Date: April 28, 2017 Date: Time: 08:11 a.m. Time: a.m. / p.m. By: cek By: County Clerk

Marathon County Land Conservation And Zoning Committee Minutes Tuesday April 4 2017 210 River Drive, Wausau WI Attendance: Member Present Not present Chair James Seefeldt... X Vice-Chair Jacob Langenhahn X (excused) Sandi Cihlar... X Kelly King... X Jean Maszk... X Rick Seefeldt... X Chris Voll... X Also present: Rebecca Frisch, Paul Daigle, Dean Johnson, Loretta Schultz, Brenda Iczkowski, Amanda Schultz, Chris Fieri, Kirk Langfoss, Jeff Pritchard- CPZ; Scott Corbett Corporation Counsel; Arnie Schlei - County Board Supervisor; Jim Tharman - USDA-WS 1. Call to order Called to order by Chair Seefeldt at 12:29 p.m. at 210 River Drive, Wausau, WI 2. Request for silencing of all cellphones and other electronic devices. 3. 15 minute public comment - None 4. Approval of February 7, 2017 minutes Motion / second by Maszk/ King to approve of the February 7, 2017 minutes with transcript of Section 8 A.1. Motion carried by voice vote, no dissent. Action: The minutes of Section 8 A.1 will be transcribed. Approval of March 7, 2017 minutes Motion / second by King/ R. Seefeldt to approve of the March 7, 2017 minutes. Motion carried by voice vote, no dissent. 5. Review and possible action, possible recommendation to County Board for consideration A.Town of Wausau Zone change pursuant to 60.62(3) Wis. Stats. (R-1-2017) Discussion: Town of Wausau is independently zoned and submitted a district amendment for a 2.9 acre area of a larger parcel that adjoins at the rear of the business commercial parcel located in the SE¼ NE ¼ Section 8 Township 29N Range 8E directly behind 5508 N 41 st Street from A-1/80 Agricultural to CM- Commercial District. Action: Motion / second by Maszk /R. Seefeldt to recommend approval to County Board of the Town of Wausau text amendment. Motion carried by voice vote, no dissent. Follow through: Forward to the County Board for action at their next regularly scheduled meeting. 7. Policy discussion and possible action No report 8. Educational presentations / outcome monitoring reports, and possible action A. Land Division Ordinance Education Discussion: Frisch, Decker, Pritchard, D. Johnson and Fieri reviewed the Land Division Ordinance code changes. A draft document is ready to be formatted and reviewed by surveyors and town officials. Fieri shared an educational power point presentation regarding land division and surveying regulations. Action: None, for informational purposes only. Follow through: None B. Farmland Preservation Implementation Update Discussion: Frisch introduced Amanda Schultz and Kirk Langfoss regarding Farmland Preservation Program status and updates; Areas outside Farmland Preservation zoning and Agricultural Enterprise Area (AEA) are not eligible for tax credits once the existing contracts expires. Past trends and future goals were presented. Action: None, for informational purposes only. Follow through: None C. Wisconsin Land and Water Conservation conference update Discussion: J. Seefeldt complimented A. Schultz and Loveland on their presentation at the Land Water Conservation Conference held in March. J. Seefeldt mentioned the upcoming conference sponsored by North Central Land and Water Conservation Association in Florence which will be held in May. Action: None, for informational purposes only. Follow through: None 1

Land Conservation and Zoning Committee Minutes April 4, 2017 D. County Land Conservation and Wisconsin Land and Water Conservation Association: Roles and responsibilities Discussion: The presentation was included in the packet which provided historical background and responsibilities for Land Conservation committee members and the department. Action: None, for informational purposes only. Follow through: None E. Wildlife Damage of Abatement and Claims Discussion: Tharman reviewed the fence proposal that was included in the packet. This was approved by the committee 8-10 years ago, but was unfunded through the state. The funds are available and will be resubmitted. The existing fence will be removed and replaced by the owner with woven wire fence; 75%/25% cost share; anticipated savings $11,098.62; the owner anticipates clearing land in NE section to enclose the entire area. Action: Motion / second by King /Cihlar to accept fence proposal and forward to state office for approval. Motion carried by voice vote, no dissent. F. Natural Resources Conservation Service (NRCS) and Farm Service Agency (FSA) no report G. Department of Natural Resources (DNR) no report H. Department Update- Town Officials Zoning Education D. Johnson working with UW- SP Center for Land Use Education (CLUE) will be offering 2 workshops May 17 at the Town of Reid Town Hall and May 23 at the Town of Wien. Workshops will cover planning and zoning 101. The cost of the workshops will be $15 per person. 2 handbooks will be provided to each participating municipality by CPZ. Easton adopted county administration of zoning. CPZ staff met with Town of Day officials last week and forwarded information that was requested. Discussed whether to continue Farmland Preservation through County or General Agriculture by town; Voting at April annual meeting. Town of Cleveland no updates; working to develop comprehensive plan; concern is to protect agriculture land not residential areas. 19 towns currently under county administered zoning with a goal to add 1-2 towns per year 9. Announcements and Requests Recruiting for positions; Repking received the Core Value for Diversity award; and staff will be recognized at the upcoming awards banquet for years of service. 10. Next meeting date, time & location; Agenda items/future topics: Tuesday, May 2, 2017, 12:30 p.m., 210 River Drive, Wausau. 11. Adjourn Motion / second by R.Seefeldt/Cihlar to adjourn at 2:40 p.m. Motion carried by voice vote, no dissent. Rebecca Frisch, CPZ Director for James Seefeldt, Chair cc: (via email/web site) LCZ members; County Administrator; Deputy County Administrator; Conservation, Planning, & Zoning; Corporation Counsel; County Clerk; County Board Members, DATCP, DNR, FSA, NRCS, USDA/APHIS RF/cek O:\CPZ\LCZ_comte\Minutes\2017\LAND_20170404_Minutes.doc 2

Cynthia Verfuerth Petition to Rezone Land Conservation, Planning and Zoning Committee Decision Form Findings of Fact Request: The petition of Tim Vreeland on behalf of Cynthia Verfuerth to amend the Marathon County Zoning Ordinance to rezone lands from General Agriculture (GA) to Rural Residential (RR), on property described as part of the southwest quarter of the NW 1/4 of Section 20, Township 26 North, Range 2 East, Town of Spencer, Marathon County, WI. Also showen as Lot 1 on Proposed Certified Survey Map. Existing uses: G-A General Agricultural. The purpose of the G-A district is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in 18.07(2) and (3) into 5 or more tracts, parcels or lots within a 5 year period. This district provides for limited residential development with modest densities that require relatively large land areas that are compatible with the surrounding rural land use activities. The district is intended to provide towns with multiple options to guide growth and development in concert with the comprehensive planning efforts. Proposed Uses R-R Rural Residential. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the county. Limited agricultural activities are permitted in this district. These areas may or may not be serviced by municipal water and sanitary sewer. Surrounding Conditions The properties surrounding this area are zoned GA General Agricultural (gray), with some residential lots (Sand & Yellow Color). Trend looks to be residential properties along County Road V.

The future land use map shows the area mapped as cropland (White) This site was placed into the Farmland Preservation plan in 2013. Placing the property in the Farmland Preservation Plan designated that this was an area of strong agricultural practice. According to the applicant the area is old pasture land. On March 14, 2017 the Town of Spencer meet and recommended approval of the rezone, with no concerns. No other agencies have submitted comments to our office.

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Conclusions of Law Marathon County must consider all of the following standards in their decision. Please review and explain how the request does or does not meet each of these standards. To approve a rezoning, the county must answer agree to each of these standards. If the county recommends approval, but answered disagree to any of these questions, they should indicate plan/ordinance changes, and/or additional information required to satisfy the criteria. 1. The rezoning is consistent with the Marathon County and Town Comprehensive Plan. (Note how the proposal relates to the future land use map and the vision, goals, objectives, and policies of the plan). 2. The rezoning is substantially consistent with the Marathon County Farmland Preservation Plan. 3. The location of the proposed development minimizes the amount of agricultural land converted. 4. Adequate public facilities to serve the rezone are present or will be provided. (Note impacts on highways, streets, water, sewage, drainage, schools, emergency services, etc.). 5. Providing public facilities will not be an unreasonable burden to local government. 6. The applicant has demonstrated a need for the proposed development?

7. The rezoning will not cause unreasonable air and water pollution, soil erosion, or adverse effects on rare or irreplaceable natural areas. 8. The rezone will not substantially impair or limit current of future agricultural use of other protected farmland. 9. The Town has approved the proposed rezone of the property. 10. All concerns from other agencies on the proposed rezone have been addressed? (DNR, Highway, DOT) What are the concerns? Land Conservation and Zoning Committee Decision On the basis of the above findings of fact, conclusions of law, and the record in this matter, the Marathon County Land Conservation and Zoning Committee finds that the rezoning is: Approved Denied, for the following reasons Tabled for further consideration Specify reasons for denial, or additional information requested: An amendment to the county comprehensive plan is needed to approve this petition. An amendment to the county farmland preservation plan is needed to approve this petition. Describe recommended amendments: Signature: Chairman: Date:

Dennis Gonnering Petition to Rezone Land Conservation, Planning and Zoning Committee Decision Form Findings of Fact Request: The petition of Tim Vreeland on behalf of Dennis Gonnering to amend the Marathon County Zoning Ordinance to rezone lands from General Agriculture (GA) to Rural Residential (RR), on property described as Pt of the NW ¼ of Section 22, Town of Spencer. Also shown as Lots listed as 2, 3 and 4 on the proposed certified survey map. Existing uses: G-A General Agricultural. The purpose of the G-A district is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in 18.07(2) and (3) into 5 or more tracts, parcels or lots within a 5 year period. This district provides for limited residential development with modest densities that require relatively large land areas that are compatible with the surrounding rural land use activities. The district is intended to provide towns with multiple options to guide growth and development in concert with the comprehensive planning efforts. Proposed Uses R-R Rural Residential. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the county. Limited agricultural activities are permitted in this district. These areas may or may not be serviced by municipal water and sanitary sewer. Surrounding Conditions The properties surrounding this area are zoned GA General Agricultural (gray), with some residential lots (Sand & Yellow Color).

The future land use map shows the area mapped as Commercial (Red), and Residential (Yellow). In the Comprehensive plan Town of Spencer identified that they would like to commercial along State Highway 13. This rezone would still proposed lot 1 as an industrial zoning allowing that business opportunities along State Highway 13. This site was NOT placed into the Farmland Preservation plan in 2013. Placing the property in the Farmland Preservation Plan designated that this was an area of strong agricultural practice. The surrounding area is residential. On April 11, 2017 the Town of Spencer met and approved a resolution recommending approval of the requested rezone. The Town specified that this was not active ag land and to rezone to Agriculture would not be conflicting with the Town s plan. No other agencies have submitted comments to our office.

Property Airphoto Property Location Map Proposed CSM

Mike Foley Petition to Rezone Land Conservation, Planning and Zoning Committee Decision Form Findings of Fact Request: The petition of Tim Vreeland on behalf of Mike Foley to amend the Marathon County Zoning Ordinance to rezone lands from Farmland Preservation (FP) to Rural Residential (RR), on property described as part of the southwest quarter of said section 14; Town of McMillan. Also shown as Lot 1 on proposed Certified Survey Map. Existing uses: G-A General Agricultural. The purpose of the G-A district is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in 18.07(2) and (3) into 5 or more tracts, parcels or lots within a 5 year period. This district provides for limited residential development with modest densities that require relatively large land areas that are compatible with the surrounding rural land use activities. The district is intended to provide towns with multiple options to guide growth and development in concert with the comprehensive planning efforts. Proposed Uses R-R Rural Residential. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the county. Limited agricultural activities are permitted in this district. These areas may or may not be serviced by municipal water and sanitary sewer. Surrounding Conditions The properties surrounding this area are zoned FP Farmland Preservation (Teal). The Buildings have been removed off of the larger property using a different survey. This lot has no buildings and is old agriculture land.

The future land use map shows the area mapped as Farmland Preservation. This site was placed into the Farmland Preservation plan in 2013. Placing the property in the Farmland Preservation Plan designated that this was an area of strong agricultural practice. The surrounding properties do have active agricultural practices. The remaining acreage of the property is restricted by the river, wetlands and floodplain. On April 24, 2016 Dean Johnson & Chris Fieri attended a joint Town Board Meeting and Planning Committee Meeting for the Town of McMillan. The planning committee made a motion to approve the rezone but the motion died for a lack of a second. The Town Board then had a motion to approve the rezone which ended in a 2-2 tie and was referred back to the Planning Committee to review the proposal against their Comprehensive Plan. The Town Board requested an extension for a recommendation to the Land Conservation and Zoning Committee. No other agencies have submitted comments to our office.

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Dennis Wengelski Petition to Rezone Land Conservation, Planning and Zoning Committee Decision Form Findings of Fact Request: The petition of Tim Vreeland on behalf of Dennis Wengelski to amend the Marathon County Zoning Ordinance to rezone lands from General Agriculture (GA) to Rural Residential (RR), on property described commencing at the west quarter corner of said section 34; Town of Knowlton. Also shown as lots 2-6 on the proposed Wengelski Acres County Plat. Existing uses: G-A General Agricultural. The purpose of the G-A district is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in 18.07(2) and (3) into 5 or more tracts, parcels or lots within a 5 year period. This district provides for limited residential development with modest densities that require relatively large land areas that are compatible with the surrounding rural land use activities. The district is intended to provide towns with multiple options to guide growth and development in concert with the comprehensive planning efforts. Proposed Uses R-R Rural Residential. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the county. Limited agricultural activities are permitted in this district. These areas may or may not be serviced by municipal water and sanitary sewer. Surrounding Conditions The properties surrounding this area are zoned residential lots (Sand & Yellow Color). Subdivisions are both to the west and south of this area.

The future land use map shows the area mapped as residential (Yellow/orange) This site was NOT placed into the Farmland Preservation plan in 2013. Placing the property in the Farmland Preservation Plan designated that this was an area of strong agricultural practice. The surrounding area is used for residential On April 10, 2017 Town of Knowlton met and approved by resolution to recommend approval of the rezone request. They had no concerns expressed within the resolution. Marathon County Highway Department had no objections.

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Mike Reynolds Petition to Rezone Land Conservation, Planning and Zoning Committee Decision Form Findings of Fact Request: The petition of Daniel Higginbotham on behalf of Mike Reynolds to amend the Marathon County Zoning Ordinance to rezone lands from General Agriculture (GA) to Rural Residential (RR), on property being part of the Northwest ¼ of the Northeast ¼ of Section 14, Town of Elderon Also shown as Lot 1 on Proposed certified survey map. Existing uses: G-A General Agricultural. The purpose of the G-A district is designed to foster the preservation and use of agricultural land related uses and to provide for limited residential uses in a rural environment but not the division of land as classified in 18.07(2) and (3) into 5 or more tracts, parcels or lots within a 5 year period. This district provides for limited residential development with modest densities that require relatively large land areas that are compatible with the surrounding rural land use activities. The district is intended to provide towns with multiple options to guide growth and development in concert with the comprehensive planning efforts. Proposed Uses R-R Rural Residential. The purpose of the R-R district is to accommodate single-family residential use along existing streets, to preserve the rural character while promoting open space single-family residential development (involving the extension of new streets), and to separate agricultural uses from other more extensive community development within the county. Limited agricultural activities are permitted in this district. These areas may or may not be serviced by municipal water and sanitary sewer. Surrounding Conditions The properties surrounding this area are zoned GA General Agricultural (gray), north of the property is a mixture of residential and commercial/industrial. Area has history of a small hub of business and residential.

The future land use map shows the area mapped as Forested land (blue green). This site was placed into the Farmland Preservation plan in 2013. Placing the property in the Farmland Preservation Plan designated that this was an area of strong agricultural practice. The area being separated by survey is not taking out cropland. On March 7 th 2017, the Town of Elderon met and files a resolution for approval of the rezone request. The stated that there was no cropland being removed and it follows their comprehensive plan. No other agencies have submitted comments to our office.

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MEMORANDUM TO: FROM: Marathon County Land Conservation and Zoning Committee Dean Johnson, Marathon County Zoning Administrator DATE: April 26, 2017 SUBJECT: Submission of Town Zoning Ordinance and Map for Town of Halsey The Town of Halsey has submitted an Ordinance and Map for Town zoning authority. Per WI State Statue 60.62(3) any Town zoning ordinances and maps are required to be approved by County Board of Supervisors. The Town Board hosted a public hearing on their Comprehensive plan and Zoning Ordinance on February 22, 2017 and Town Board voted for approval at their March 13, 2017 monthly meeting. Following this memo is a copy of the public hearing posting, resolution, and town board minutes. Due to the length of the ordinance and map we have placed it on the County s Website at the following links to make it easier for individuals to view the ordinance and to reduce the size of the agenda packet. The links are as follows: Proposed Ordinance: http://www.co.marathon.wi.us/portals/0/departments/cpz/maps/halsey_zoning.pdf Proposed Map: http://www.co.marathon.wi.us/portals/0/departments/cpz/documents/zoningcodehalsey.pdf

STATE OF WISCONSIN ) MARATHON COUNTY ) TOWN OF HALSEY ) REPORT BY LAND CONSERVATION AND ZONING COMMITTEE TO COUNTY BOARD ON REQUEST TO APPROVE THE ZONING AMENDMENTS OF THE TOWN OF HALSEY TO THE COUNTY BOARD OF MARATHON COUNTY: The Marathon County Land Conservation and Zoning Committee, having considered the request to review amendments of the Town Zoning Ordinance filed by the Clerk of the Town of Halsey, and having heard comments in public session thereon, and being duly informed of the facts pertinent to the changes proposed, having reviewed the staff's recommendations, and duly advised of the wishes of the Town, hereby recommends that the County Board, pursuant to 60.62(3), approves the zoning ordinance and/or zoning map of the Town of Halsey as attached. Dated this 2 nd day of May, 2017 Marathon County Land Conservation and Zoning Committee James Seefeldt - Chairman M:\LCZ\IndepzonBB4.doc

STATE OF WISCONSIN ) COUNTY OF MARATHON ) SS TOWN OF HALSEY ) RESOLUTION WHEREAS, 60.62(3) Wis. Stats. provides that any Zoning Ordinance and/or map adopted by a Town Board and any amendment thereof shall be subject to the approval of the County Board in counties having a county zoning ordinance, and WHEREAS, the Town Board of the Town of Halsey has amended their zoning as shown on the attached report, and WHEREAS, the County Zoning Committee has duly considered the amendment in public session on Halsey and has recommended approval of the amendment. NOW, THEREFORE BE IT RESOLVED, that the Marathon County Board of Supervisors hereby approves the amendment to the Town of Halsey Zoning Ordinance and/or Zoning map as attached and made part of this record, all of which to be filed with the Marathon County Clerk. LAND CONSERVATION AND ZONING COMMITTEE M:\LCZ\IndepzonBB5.doc