PLANNING & DEVELOPMENT COMMITTEE AGENDA

Transcription

1 Eau Claire County PLANNING & DEVELOPMENT COMMITTEE AGENDA Tuesday, March 28, :00 p.m. Eau Claire County Courthouse 721 Oxford Avenue Room 1277 Eau Claire, Wisconsin 1. Call to Order 2. Public Input Session (15 minute maximum) Comments are restricted to matters within the Committee s jurisdiction, and items not pertaining to already scheduled public hearings. Comments will be limited to three minutes per individual. 3. Public Hearings: a. A conditional use permit request for an accessory structure in excess of 1,200 square feet (2,520 square feet requested) in the RH Rural Homes District (Wudi Town of Washington) CUP / Discussion Action p b. Proposed Ordinance: File No /103 Amending the 1982 Official Zoning District Boundary for the Town of Pleasant Valley (Stowe) RZN / Discussion Action p c. Proposed Ordinance: File No /104 Amending the 1982 Official Zoning District Boundary for the Town of Pleasant Valley (Kilde) RZN / Discussion Action p d. A conditional use permit request for an accessory structure in excess of 1,200 square feet (3,460 square feet requested) in the RH Rural Homes District (Ray Town of Pleasant Valley) CUP / Discussion Action p Request to change the established building pad location on Lot 4 of the plat of Thistledown, in Section 11, T26N-R9W, Town of Washington, Eau Claire County, Wisconsin / Discussion Action p Appointments to Committees / Discussion Action a. Local Emergency Planning Committee 6. Emergency Management Report / Discussion 7. Review of February bills / Discussion p Review/Approval of February 28, 2017 Meeting Minutes / Discussion Action p Proposed Future Agenda Items / Discussion 10. Adjourn Post: 3/23/2017 Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language, interpreters or other auxiliary aids. For additional information or to request the service, contact the County ADA Coordinator at (FAX) or (TDD) or by writing to the ADA Coordinator, Human Resources Department, Eau Claire County Courthouse, 721 Oxford Ave., Eau Claire, Wisconsin

2 EAU CLAIRE COUNTY PLANNING STAFF RECOMMENDATION CONDITIONAL USE PERMIT NUMBER: CUP COMPUTER NUMBERS: PUBLIC HEARING DATE: March 28, 2017 STAFF CONTACT: Rod Eslinger, Land Use Manager OWNER: Jason and Kimberly Wudi, 7509 Elayne Drive, Eau Claire, WI AGENT: REQUEST: None Conditional use permit for construction of accessory structure excess of 1,200 square feet LOCATION: 7509 Elayne Drive, Eau Claire, WI LEGAL DESCRIPTION: Lot 1 of CSM V. 8 PG. 113 lying in the SE ¼ of the NW ¼, Section 20, T27N-R8W, Town of Washington, Eau Claire County SUMMARY Request for a conditional use permit to construct an accessory structure in excess of 1,200 square feet (2,520 square feet requested) in the Rural Homes (RH) District. BACKGROUND The applicant is seeking a conditional use for an accessory structure that will exceed 1,200 square feet in the RH District. The site plan reveals that a 45 foot by 56 foot (2,520 square feet) accessory structure is planned to be located south of the existing residence. The proposed structure is replacing a smaller existing garage in its footprint. The applicant indicates that the purpose of the building is for garage space and a shop with a half bathroom. The floor plan reveals vehicle storage on the lower level and a work shop in the loft area. The building will be accessed from the main driveway to the property. The application materials include building elevations, and a floor plan layout. The applicants are proposing to match the structure s exterior similar to the exterior of the residence. The plans reveal that the side wall height will be 12 feet with an overall height of 17.5 feet. SITE CHARACTERISTICS: The applicants own 4.46 acres. The lot is mostly wooded. Currently situated on the property is a single family home with a footprint of approximately 4,000 square feet. CURRENT ZONING: RH Rural Homes District. The purpose of the RH District is "...to provide for suburban large-lot (residential) development with individual on-site water and sewage disposal facilities." 2

3 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP ADJACENT ZONING & LAND USES: ZONING LAND USE North RH Residential-Single Family West RH Residential-Single Family South RH Residential-Single Family East F1 Exclusive Forestry Eau Claire County LAND USE PLANS: The County Land Use Plan and Town of Washington Comprehensive Plan includes this property in a Rural Residential Use area. Rural Residential (RR) Intent and Description: The primary intent of this classification is to identify areas suitable for future non-farm residential development. Rural Residential areas include lands that are delineated as existing residential properties or vacant platted areas. In addition, some undeveloped land has been designated for RR development where subdivision expansion is likely to occur. These additional areas tend to be adjacent to existing rural subdivisions or where local roads and utilities exist to effectively and economically serve the area. APPLICABLE ZONING REGULATIONS Section Purpose. This section describes the purpose of the zoning code. Generally, the purpose of the zoning ordinance is as follows: to separate incompatible land uses from one another; to maintain public health and safety; to protect and conserve natural resources; to prevent overcrowding; to preserve property values; and to maintain the general welfare of the citizens. Section A.167.a Definition of an Accessory Structure. An accessory structure means a subordinate structure which is clearly and customarily incidental to and located on the same lot as a principal structure except that mobile/manufactured homes are not allowed as storage structures. Section B.2. Maximum Height for an Accessory Structure in the RH District. The maximum height for the eaves of an accessory structure is 14 feet, and the maximum height for the structure is 20 feet. Maximum height is measured as the height halfway between the peak of the roof and the eaves. Section C. Accessory structures in the RH, Rural Homes District. A conditional use permit is required to for accessory structures in excess of 1,200 square feet in the RH District and/or where the cumulative square footage of accessory structures is in excess of 1,200 square feet. The regulations also require that the appearance of an accessory structure shall be compatible with the design, style, and appearance of the principal structure on the property. Chapter Conditional Uses. Standards for approval of conditional uses: 1) the use must be in conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic congestion or hazards. Page 2 of 3 3

4 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP ANALYSIS: It appears that findings can be made that the proposed request meets the standards for accessory structures in residential districts, that the structure will be subordinate to the residence on the property, and that it will meet all of the standards for conditional use permits. The exterior of the structure will be consistent with the residence on the property; thereby it is compatible with the design, style and appearance of the exterior appearance of the residence. This request does not appear to be injurious to the use and enjoyment of other properties in the immediate vicinity. The proposed structure is replacing a smaller garage in the same footprint. The lot is large enough to accommodate the addition to the detached structure and the structure will meet minimum setbacks required in the RH district. It does not appear that the use of the structure will result in any nuisance factors such as noise, dust, or fumes. TOWN BOARD ACTION: The Town of Washington Town Board is scheduled to meet on March 16, 2017 to discuss the request. STAFF CONCLUSIONS AND RECOMMENDATION: Staff concludes that the request for the accessory structure to exceed 1,200 square feet on the applicant s property will meet all of the standards for accessory structures in the RH District; will meet all of the standards for approval of conditional use permits; and will be consistent with the purpose of the zoning code. Staff recommends that the committee approve the conditional use permit with the following conditions: 1. The site plan, floor plan, and elevation drawings submitted with the application shall be attached to and made a part of the permit. The structure shall be constructed in accord with the drawings submitted and located on the property as shown on the site plan. 2. The appearance of the accessory structure must be compatible with the design, style, and appearance of the principal structure on the property, in accord with C. of the Eau Claire County Code. 3. The structure shall comply with the height standards for accessory structures, including the limit of eave height of 14 feet, and roof height of 20 feet. 4. Prior to construction, the applicant shall obtain a land use permit and an electrical permit from the Department of Planning and Development. 5. Use of the structure shall be limited to personal storage and shall not contain any living areas. 6. The building cannot be used for commercial or manufacturing purposes. 7. The applicant shall notify the Land Use Manager upon completion of the accessory structure so that staff can verify compliance with the terms of this approval. 8. The Land Use Manager can approve minor alterations from the terms of the permit. A major change does require the approval of the committee at a public hearing. 9. The owners shall allow staff from the Department to enter the property at reasonable times to inspect the premises for compliance with the conditions of this permit. 10. The permit is subject to Sections to of the Zoning Code. These provisions establish when a conditional use permit lapses, the conditions under which it can be revoked, and when a CUP expires due to the abandonment of a use. Page 3 of 3 4

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17 From: To: Subject: Date: Attachments: Rod Eslinger Jeanna Allen FW: CUP information request Friday, March 17, :17:26 AM image001.png oledata.mso For the P and D packet on March 28 th. Rod Eslinger Land Use Manager Ph From: Jason Wudi [mailto:jmwudi@e-wudi.com] Sent: Friday, March 17, :44 AM To: Rod Eslinger Subject: CUP information request Hi Rod - Let's see if this gets through - I did a bit of research this morning, and the attachments I send for the photos use a goofy/long URL - I am going to try to attach them right here. I would guess that means you never got the original s from me on March 7 with the attachments for the look feel of the house either. Our current residence is a little over 3000 sq ft. Let me know if you get these - and thank you for your work! Jason Wudi 17

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20 CUP WUDI ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 20

21 CUP WUDI Parcel Id NAME ADDRESS CITY STATE ZIP ALLEN, MICHAEL K & CHRISTINE L 7734 ELAYNE DR EAU CLAIRE WI BATZ, PATRICK L 7535 ELAYNE DR EAU CLAIRE WI BAUER, MELINDA A 7841 ELAYNE DR EAU CLAIRE WI BOLLMAN, MEGAN 7502 ELAYNE DR EAU CLAIRE WI BUNKELMAN, JAMES & REBECCA L 7726 ELAYNE DR EAU CLAIRE WI CHRISTENSEN, SCOTT 1146 LAKEVIEW DR EAU CLAIRE WI EAU CLAIRE COUNTY 721 OXFORD AVE EAU CLAIRE WI GANRUDE, JAMES M 7701 WENZEL DR EAU CLAIRE WI HAGEN, MELANIE A 7816 ELAYNE DR EAU CLAIRE WI HARRIS, JEFFREY T & ELLEN E 1106 LAKEVIEW DR EAU CLAIRE WI KLEINTJES, PAULA K 7740 ELAYNE DR EAU CLAIRE WI KUENKEL, NATHAN L & KATHARINE A 7485 ELAYNE DR EAU CLAIRE WI LEIPNITZ, WILLIAM R & JULIANN M 7737 ELAYNE DR EAU CLAIRE WI LINDSETH, SHANE E & KELLY L 7824 ELAYNE DR EAU CLAIRE WI MANZ TRUST, MARSHA L 2103 E WILLSON DR ALTOONA WI NELSON, KAREN WOLF 7818 WENZEL DR EAU CLAIRE WI NODLAND, MARK G 986 LAKEVIEW DR EAU CLAIRE WI OLSON, GARY R & SHARON A 7744 ELAYNE DR EAU CLAIRE WI PAULSON, SANDRA R 7804 ELAYNE DR EAU CLAIRE WI UNDERWOOD, STEVEN & SHARON W 6573 NORTH SHORE DR EAU CLAIRE WI VELIN, ERIC G & LURA M N ND ST MENOMONIE WI WRZOSEK TRUST N 68TH ST SCOTTSDALE AZ ZELEZNIK, GEORGE S & PATRICIA L 7529 ELAYNE DR EAU CLAIRE WI

22 EAU CLAIRE COUNTY PLANNING STAFF RECOMMENDATION REZONE NUMBER: RZN COMPUTER NUMBER: PUBLIC HEARING DATE: March 28, 2017 STAFF CONTACT: Matt Michels, AICP, Senior Planner OWNER/AGENT: Matthew & Michelle Stowe, 2208 Frona Pl, Eau Claire, WI REQUEST: LOCATION: LEGAL DESCRIPTION: Rezone acres +/- of land from A-P (Agricultural Preservation) District to A-3 (Agricultural) District to allow the construction of a single family residence, with approximately 17 acres of hardwoods and pines remaining in a Conservation Reserve Program (CRP) Co Hwy WW between Co Hwy W and Co Hwy FF Portion of the SW¼ SW¼ of Section 19, T25N, R9W, Town of Pleasant Valley, Eau Claire County, Wisconsin (complete legal description attached) BACKGROUND SITE CHARACTERISTICS: Majority of property (19.35 acres) is enrolled in USDA Conservation Reserve Program (CRP) and includes a mix of hardwoods and pines Property contains large areas of steep (20% or greater) slopes Crop farming is limited by soil types and topography CURRENT ZONING: AP Agricultural Preservation District. The A-P Agricultural Preservation District is established to: A. Preserve and protect those areas best suited for agricultural, forestry or open-space uses by minimizing fragmentation of contiguous agricultural or forest lands for the benefit and use of current and future generations; B. Provide for a wide range of agricultural uses typically associated with the continued production of food and fiber while recognizing that such uses may involve noise, dust, odor, or operation of heavy equipment for long periods of time; C. Strengthen and diversify a predominately agricultural and forestry-based economy by providing for a range of economic opportunities for property owners which are generally compatible with and supportive of agriculture or forestry operations as either permitted or conditional uses; D. Comply with standards contained in Wis. Stat. ch. 91 to permit eligible landowners to receive tax credits under Wis. Stat , in conjunction with their agricultural operations; E. Preserve rural character and promote the efficient use of public infrastructure and utilities by minimizing the adverse effects of urban sprawl along with its associated expense; F. Promote environmental quality through the use of conservation practices designed to minimize erosion of productive soils and deter the delivery of sediment and nutrients to the waters of our state; G. Minimize land use conflicts which occur when agricultural and non-agricultural uses are intermixed or not adequately separated; and H. Provide for carefully regulated extraction of nonmetallic mineral resources through Eau Claire County s permitting processes to ensure compatibility with adjacent land uses, minimize impacts to 22

23 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN natural resources, and to restore lands to productive agricultural use consistent with locally approved reclamation plans. REQUESTED ZONING DISTRICT: The petition is to rezone the acre property described above from the A-P Agricultural Preservation District to the A-3 Agricultural District. A-3 Agricultural District.. The A-3 District is established to 1. Protect the agricultural base of the county; 2. Preserve the county s natural resources and open space; 3. Provide an area for limited residential and hobby farm development in a rural atmosphere; and 4. Minimize urban sprawl and its associated public costs. Minimum lot size in the A-3 District is twenty (20) acres. ZONING/LAND USE CONTEXT: LOCATION ZONING LAND USE Subject A-P Agricultural fields North A-R, A-3 Woodlands; Single-family residence East A-P Agricultural fields South A-P Agricultural fields; Woodlands West A-P Agricultural fields COMPREHENSIVE PLANS: The Eau Claire County Future Land Use Map includes the property in the Rural Lands (RL) planning area and the Town of Pleasant Valley Future Land Use Map includes the property in the Rural Preservation (RP) planning area. Following is a description of the intent of the applicable County and Town comprehensive plan future land use categories and applicable policies: Eau Claire County: Rural Lands Intent and Description: The primary intent of these areas is to preserve productive agricultural lands, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. Applicable Policies: 1. Farming and other agriculture uses, agricultural related businesses, cottage industries, forestry, mineral extraction, open space, and utilities shall be established as the primary land uses within these areas. Other uses may be permitted if found to be compatible with these uses and existing uses adjacent to the property. 2. The preferred housing density is one (1) unit per 20 or more acres; however, local comprehensive plans may be more or less restrictive than this guideline and generally range from one (1) unit per five (5) acres to one (1) unit per 35 acres. 3. For those Towns under County Zoning, the following Eau Claire County Zoning Districts will be considered for approval within RP areas: A 1 Exclusive Agricultural District, A 2 Agricultural Residential District, A 3 Agricultural District, A R Floating Agricultural Residential District, F 2 Forestry District, F 1 Forestry District, and the proposed AC R District noted below. The following additional policies shall apply to rezoning petitions: Page 2 of 5 23

24 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN a. Rezoning land to the A R Floating Agricultural Residential District or the proposed AC R Agricultural Compatible Residential District is preferred over additional non farm A 2 or A 3 parcels, unless rezoning land to either of these districts will not interfere with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take land suitable for cultivation or other agricultural use out of production. Town of Pleasant Valley: Rural Preservation Comprehensive Plan Intent and Description: The primary intent of these areas is to, preserve productive agricultural lands in the long term, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and to preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. However, the term rural preservation is not intended to imply that changes in land use will not occur in these areas. Applicable Policies: The following policies are applicable to this rezoning petition. Staff comments, where provided, follow the policy in italics. 1. Farming and agricultural uses shall be established as the primary land uses within these areas. Non farm development shall only be allowed if it will not interfere with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take significant tracts of land suitable for cultivation or other agricultural use out of production. The proposed land division will have 3. Proposals for any new non farm residential development shall be consistent with the following policies: a. The maximum gross density for non farm residential lots shall be one unit per five (5) acres held in single ownership, except as otherwise provided below for conservation subdivisions. The minimum lot size for non farm residential lots shall be one (1) acre. The balance of the land not included in the residential lots shall be placed in a permanent conservation easement for agriculture, forestry, and open space use. b. Any new non farm residential lot shall have a Right to Farm disclosure attached to it acknowledging that the potential non farm owner has been informed that his lot has been established in an area where farming is the preferred land use, and stating that the owner understands that he must abide by the State of Wisconsin Right to Farm statute (WI Stat ). This language shall be recorded on the deed to the property, transferable to subsequent owners. c. Non farm residential development shall only occur on land that is marginal for agricultural productivity. At least 80% of any proposed new lot shall not contain Class I, II, or III soils. In addition, it is the preference of the Town of Pleasant Valley that new non farm residential lots that are approved in accord with these policies be located adjacent to or near existing non farm development. 4. The following Eau Claire County zoning districts will be considered for approval within RP areas: A 1 Exclusive Agricultural District, A 2 Agricultural Residential District, A 3 Agricultural District, A R Floating Agricultural Residential District, F 2 Forestry District, F 1 Forestry District, and the proposed AC R District noted above. The following additional policies shall apply to zoning petitions: b. Rezoning land to the A 2 Agriculture Residential District or the A 3 Agriculture District is discouraged for new non farm residential development, unless findings can be made that Page 3 of 5 24

25 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN rezoning land to either of these districts will not interfere with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take land suitable for cultivation or other agricultural use out of production. c. Rezoning land to the A R Floating Agricultural Residential District or the proposed AC R Agricultural Compatible Residential District is preferred over additional non farm residential A 2 or A 3 parcels. FARMLAND PRESERVATION PLAN: The property is included in the Farmland Preservation Plan Map, which allows the property owner to claim Farmland Preservation tax credits. Comprehensive Plan Summary The proposed A-3 zoning is generally consistent with the intent and description and the applicable policies of the Eau Claire County and also appears to be generally consistent with the Town of Pleasant Valley Comprehensive Plan. Further, the Town of Pleasant Valley recommends approval of the proposed rezoning. ANALYSIS When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location; and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County s Comprehensive Plan. A-P Rezoning Standards In addition, there are four standards for approving a rezoning of land from the A-P Agricultural Preservation zoning district to any other district. The following provides an analysis of this rezoning petition based on those standards: Standard 1 - The land is better suited for a use not allowed in the A-P Agricultural Preservation zoning district based on a review of soil types, historical productivity, location, and adjacent land uses. Soil Types Although the majority of the property is planted in pines and hardwoods, the soils are generally marginal for agricultural productivity due to soil types and presence of steep slopes. The applicant has provided additional reasons in his application (see attached). Four or the five soil types found on the property to be rezoned are not considered prime agricultural soils, including: Soil Type Description Capability Class EmD2 Elkmound Loam, 12-20% slopes, eroded 6 ArA Arenzville silt loam, 0-3% slopes 2 GoC2 Gotham loamy sand, 6-12% slopes 4 UnD2 Urne very fine sandy loam, 12-20% slopes 4 UnE Urne very fine sandy loam, 20-45% slopes 7 Historical Productivity According to the applicant, the majority of the property contains immature stands of pines and hardwoods that may be harvested sometime in the future. Site Location The site is located on Co Hwy WW between Co Hwy W and Co Hwy FF Adjacent Land Uses Uses in the area are a mixture of woodlands, limited cropland, and single-family residences. Zoning in the area is predominantly A-P, with A-3 and A-R to the north. Agriculture is limited by topography and soil capability. Page 4 of 5 25

26 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN Standard 2 - The rezoning is consistent with any applicable comprehensive plans. The proposed rezoning substantially conforms to the future land use intent, purpose, and policies for the Eau Claire County and Town of Pleasant Valley Comprehensive Plans. Standard 3 - The rezoning is substantially consistent with the certified Eau Claire County Farmland Preservation Plan. The majority of the property is considered marginal for agriculture, with Class 6 soils predominating. The rezoning is substantially consistent with the Farmland Preservation Plan as it will not take significant amounts of prime farmland out of production and will have no foreseeable impact on productive farmland surrounding the property. Standard 4 - The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. The proposed rezoning will not substantially impair or limit current or future agricultural use. Town Board Action: The Pleasant Valley Town Board considered this rezoning petition on Monday, March 13, 2017 and recommended approval (3-0 vote) of the rezoning. The rezoning petition has been evaluated for consistency with the purpose of A-3 District and the uses allowed in the district. The request is consistent with the purpose of the zoning code based on the following findings: The proposed rezoning is consistent with the intent and purpose of the Future Land Use plans for the County and the Town of Pleasant Valley Existing uses in the area include agricultural fields, woodlands, and scattered single-family residences The property is appropriately situated for the intended A-3 zoning with like-zoned properties adjacent to the north CONCLUSION The rezone petition has been evaluated for consistency with the following: Eau Claire County and Town of Pleasant Valley Comprehensive Plan future land use designations Eau Claire County and Town of Pleasant Valley Comprehensive Plan goals, objectives and policies Eau Claire County Farmland Preservation Plan Eau Claire County Zoning Ordinance, including purpose of the zoning code and allowable uses in A-3 District In addition, the following factors have also been considered: Input of surrounding property owners. No correspondence in support or opposed to the proposed rezoning has been received, to date. RECOMMENDATION Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the rezoning petition to rezone the approximately 15-acre property from the A-P District to the A-3 District as depicted on the attached map and described in the attached legal description. Page 5 of 5 26

27 Enrolled No. ORDINANCE File No /103 - AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE TOWN OF PLEASANT VALLEY - The County Board of Supervisors of the County of Eau Claire does ordain as follows: SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of Pleasant Valley, Eau Claire County described as follows: That part of the SW ¼ of the SW ¼ of Section 19, Township 25 North, Range 9 West, lying South of County Highway WW and that part of the SE ¼ of the SW ¼ of Section 19, Township 25 North, Range 9 West, lying South of County Highway WW and West of what is known as Goff Road, all in Town of Pleasant Valley, Eau Claire County, Wisconsin. Said described lands contain acres to be reclassified from the A-P Agricultural Preservation District to the A-3 Agricultural District. SECTION 2 Where a certified survey map is required and may alter the above described property description, the official zoning district map for the town shall be automatically amended to reflect the property description of the certified survey map. ENACTED: I hereby certify that the foregoing correctly represents the action taken by the undersigned Committee on March 28, 2017 by a vote of for, against. Planning & Development Committee, Chairperson 27

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34 TOWN OF PLEASANT VALLEY March 13, 2017 TOWN BOARD MEETING CALL THE MEETING TO ORDER Chairman Dan Hanson called a Town Board Meeting of the Town of Pleasant Valley to order on Monday, March 13, 2017 in the Town Hall Meeting Room in Cleghorn at 7:30 p.m. PLEDGE OF ALLEGIANCE The chairman called for the honoring of the flag with the pledge of allegiance. INTRODUCTION OF TOWN OFFICIALS Board members present: Chairman Dan Hanson, Supervisor Doug Nelson and Supervisor Dan Green. Supevisor Green participated in the meeting electronically via speaker phone. Staff members present: Jen Meyer, Clerk/Treasurer, Dale Welke, Deputy Clerk/Treasurer and Highway Foreman Mark Behlke. PUBLIC HEARING - Rezone Roby/Stowe # from AP to A3 Chairman Hanson opened the public hearing at 7:35pm. Owner/applicant Matthew Stowe presented to the board his intentions of building a single family home on said acre parcel which is currently zoned AP. The application was reviewed by the board and a map was available for all meeting attendees. There are properties adjacent to said property that are currently zoned A3 and the board took this into consideration. Eight members of the public were in attendance. One resident, Aaron Sands, spoke in opposition to the rezoning citing he does not agree with growth in this portion of the town. One resident, Kathy Dennis had a question which was answered by the board. A letter was submitted to the board from resident Shawn Vanlandingham. He did not support or oppose the rezone, but is concerned about the speed limit and the risk of adding another driveway in the area. Chairman Hanson closed the public hearing at 7:45pm. REZONE Roby/Stowe # from AP to A3 Motion(Hanson/Nelson) to approve the application for rezoning said Stowe property from AP to A3. Chairman Hanson announced the ayes carry 3-0 and the motion is approved. Approval from the board will be forwarded to Eau Claire County Planning and Development. PUBLIC HEARING - Rezone Kilde # from AP to A2 Chairman Hanson opened the public hearing at 7:50pm. Robert Kilde, property owner at W2210 County Rd W reviewed with the board his intention to rezone his property from AP to A2. He would like to split the property into 2 approximate 5 acre lots so that his son can build a home on the property. The application was reviewed by the board and a map was available for all meeting attendees. There are properties adjacent to said property that are currently zoned A2 and the board took this into consideration. Eight members of the public were in attendance. No one spoke in favor or opposition of the rezone request. Chairman Hanson closed the public hearing at 7:55pm. 1 34

35 March 13, 2017 meeting minutes con t REZONE Kilde # from AP to A2 Motion(Nelson/Hanson) to approve the application for rezoning of said Kilde property from AP to A2. Chairman Hanson announced the ayes carry 3-0 and the motion is approved. Approval from the board will be forwarded to Eau Claire County Planning and Development. Rezone discussion Overgard Mr. Overgard was not in attendance at the meeting. Mr. Overgard previously discussed with Supervisor Green his desire to rezone his property so he can sell the house with a smaller portion of his land. This will be reviewed at a later date. Michael Drive Briarwood South Addition Engineer Scott Kramer and Developer Chris Sebesta presented to the board their intentions to develop Michael Drive (which was changed to Carol Circle in December 2006) on the Briarwood South Plat Map. The project was previously approved in December 2006, but the developer never developed said road and the developer s agreement expired. The town will issue a new developers agreement to Chris Sebesta. Conditional Use Permit Tamara Drive Kaiser/Ray A Conditional Use Permit application was received from Kent Ray to add an outbuilding to his property. A driveway permit was recently issued for the structure. Mr. Ray was not in attendance at this meeting but previously it was explained to him that the town in not have the decision authority to approve or deny a Conditional Use Permit. PROCEDURES Motion (Nelson/Green) to dispense with the reading of the February 20, 2017 Town Board Meeting minutes that were previously ed to the board and approve the minutes as printed. Chairman announced the ayes carry 3-0 and the motion is carried. Motion (Nelson/Hanson) to approve the Treasurers report for the month of February 2017 as presented and printed. Chairman announced the ayes carry 3-0 and the motion is carried. Town Chairman -None LETTERS & REPORTS Town Supervisors -Dan Green has received a suggestion from a community center user to add some additional serving items to the kitchen. Jen will look into options as to what would be beneficial. Town Highway Supervisor -Approximately one-half of the repairs are complete on the Town Shop. As soon as the new siding arrives, Cedar Falls will complete the project. -Stonebrook continues to have flooding problems. Dan Hanson will contact Eau Claire County regarding the storm water issues. 2 35

36 March 13, 2017 meeting minutes con t -Franson Road has required a lot of repair this month. The road has had to be dug out; rocks, fabric and base have been added. American Express assisted with the project and more work will most likely need to be done this spring. Town Clerk/Treasurer -The town has received the annual report from the WI Department of Revenue indicating all major classes are in assessment compliance. Deputy Clerk/Treasurer -Dale has been continuing to work on the cemetery mapping. He presented an example of a map he will have printed for the Town s use. None None CITIZEN INPUT COMPLAINTS OLD BUSINESS Appoint 2017 Park Committee Resolution # Dan Hanson will contact the remaining volunteer for confirmation before the committee is appointed. NEW BUSINESS ATV/UTV draft Jen distributed a draft of the ATV/UTV ordinance. The board will be meeting for a workshop on March 28 th to work on the details of the ordinance Annual Report draft Jen distributed a draft of the 2016 annual report which will be presented at the Annual Meeting on April 18, Budget Review The 2017 budget as of March 13, 2017 was presented and reviewed. Operator Licenses Two applicants applied for operator licenses within the Town of Pleasant Valley. Cindy Guthrie and Heather Pieper have both completed the necessary requirements to obtain a license. Motion(Nelson/Hanson) to approve operator licenses for both of the applicants. Chairman announced the ayes carry 3-0 and the motion is approved. At this time, Supervisor Green ended his participation in the meeting. 3 36

37 March 13, 2017 meeting minutes con t REVIEW/APPROVE ORDERS The bills /orders for the month of February 2017 and the alternative of claims paid report were presented by the clerk and approved by the town board for payment. ADJOURNMENT Motion (Hanson/Nelson) to move this meeting is adjourned. Chairman announced the ayes carry 2-0 and the motion is adopted. Adjourned at 9:00 p.m. Respectfully submitted, Posted at town hall Jen Meyer, Clerk / Treasurer Placed on Website

38 STOWE REZONE AERIAL MAP SUBJECT PROPERTY Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 38 q Not to Scale

39 STOWE REZONING SLOPE-TOPO MAP Legend ft Contour ft Contour Depression 2ft Contour 2ft Contour Depression 0-20% 20% - 30% Greater than 30% SUBJECT PROPERTY Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 39 q Not to Scale

40 66' < < < 66' < 33' < < 66' < < < 66' < 33' < < Existing Zoning 1 inch = feet Stowe Rezoning: RZN Existing Future Land Use 1 inch = 667 feet 66' RL 66' RL CTH "WW" A-3 CTH WW Subject Property A-R Legend Future Land Use Rural Residential Cluster Development Commercial/Industrial County Forest Natural Resource Protection Park & Recreational CTH "WW" Subject Property Public Institutional Recreational Commercial A-P ROAD 66' CTH "WW" Rural Commercial Rural Hamelt Rural Industrial Rural Lands Rural Residential Rural Residential Mobile Home Rural Transition Urban Mixed Use RL ROAD 66' CTH "WW" 66' GOFF 66' GOFF PI RL Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-todate information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. 40

41 STOWE REZONING SOIL MAP UnE EmB Legend EmE Soil Map Unit <all other values> Capability unit-main <Null> EmE BlD2 8 EmD2 SUBJECT PROPERTY GoC2 UnE ArA UnD2 UnD2 GoC2 UnE Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 41 q Not to Scale

42 RZN STOWE ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 42

43 RZN STOWE Parcel Id NAME ADDRESS CITY STATE ZIP GRUBER, JASON M & JENNIFER M S COUNTY ROAD W ELEVA WI HUTCHINS, JASON J & CORINNE L W 2170 COUNTY RD WW ELEVA WI KEMPF, JOHN W & KRISTINE D W 1752 COUNTY ROAD WW ELEVA WI LEVERTON, LYLE L W 1611 COUNTY RD WW ELEVA WI PLEASANT VALL. NORWEGIAN CHURCH CEMETERY ASSOC W 2450 COUNTY RD WW ELEVA WI SANDS, AARON W 2435 COUNTY RD WW ELEVA WI

44 EAU CLAIRE COUNTY PLANNING STAFF RECOMMENDATION REZONE NUMBER: RZN COMPUTER NUMBER: PUBLIC HEARING DATE: March 28, 2017 STAFF CONTACT: Matt Michels, AICP, Senior Planner OWNER/AGENT: Robert Kilde, W 2210 Co Rd W, Eleva, WI REQUEST: LOCATION: LEGAL DESCRIPTION: Rezone acres +/- of land from A-P (Agricultural Preservation) District to A-2 (Agricultural-Residential) District to allow the construction of a single family residence for a family member Northwest corner of Pine Road and Co Rd W Portion of the NW¼ SW¼ of Section 18, T25N, R9W, Town of Pleasant Valley, Eau Claire County, Wisconsin (complete legal description attached) BACKGROUND SITE CHARACTERISTICS: Property contains large areas of steep (20% or greater) slopes Crop farming is limited by soil types and topography CURRENT ZONING: A-P Agricultural Preservation District. The A-P Agricultural Preservation District is established to: A. Preserve and protect those areas best suited for agricultural, forestry or open-space uses by minimizing fragmentation of contiguous agricultural or forest lands for the benefit and use of current and future generations; B. Provide for a wide range of agricultural uses typically associated with the continued production of food and fiber while recognizing that such uses may involve noise, dust, odor, or operation of heavy equipment for long periods of time; C. Strengthen and diversify a predominately agricultural and forestry-based economy by providing for a range of economic opportunities for property owners which are generally compatible with and supportive of agriculture or forestry operations as either permitted or conditional uses; D. Comply with standards contained in Wis. Stat. ch. 91 to permit eligible landowners to receive tax credits under Wis. Stat , in conjunction with their agricultural operations; E. Preserve rural character and promote the efficient use of public infrastructure and utilities by minimizing the adverse effects of urban sprawl along with its associated expense; F. Promote environmental quality through the use of conservation practices designed to minimize erosion of productive soils and deter the delivery of sediment and nutrients to the waters of our state; G. Minimize land use conflicts which occur when agricultural and non-agricultural uses are intermixed or not adequately separated; and H. Provide for carefully regulated extraction of nonmetallic mineral resources through Eau Claire County s permitting processes to ensure compatibility with adjacent land uses, minimize impacts to natural resources, and to restore lands to productive agricultural use consistent with locally approved reclamation plans. 44

45 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN REQUESTED ZONING DISTRICT: The petition is to rezone the acre property described above from the A-P Agricultural Preservation District to the A-2 Agriculture-Residential District. A-2 Agriculture-Residential District. The A-2 District is established to A. Provide an area for limited residential and hobby farm development in a rural atmosphere; and B. Preserve the county's natural resources and open space. Minimum lot size in the A-2 District is five (5) acres. ZONING/LAND USE CONTEXT: LOCATION ZONING LAND USE Subject A-P Agricultural fields North A-P Agricultural fields East A-P Agricultural fields; Single-family residence South A-P Agricultural fields; Woodlands West A-P Woodlands; Agricultural fields: Single-fam. res. COMPREHENSIVE PLANS: The Eau Claire County Future Land Use Map includes the property in the Rural Lands (RL) planning area and the Town of Pleasant Valley Future Land Use Map includes the property in the Rural Preservation (RP) planning area. Following is a description of the intent of the applicable County and Town comprehensive plan future land use categories and applicable policies: Eau Claire County: Rural Lands Intent and Description: The primary intent of these areas is to preserve productive agricultural lands, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. Applicable Policies: 1. Farming and other agriculture uses, agricultural related businesses, cottage industries, forestry, mineral extraction, open space, and utilities shall be established as the primary land uses within these areas. Other uses may be permitted if found to be compatible with these uses and existing uses adjacent to the property. 2. The preferred housing density is one (1) unit per 20 or more acres; however, local comprehensive plans may be more or less restrictive than this guideline and generally range from one (1) unit per five (5) acres to one (1) unit per 35 acres. 3. For those Towns under County Zoning, the following Eau Claire County Zoning Districts will be considered for approval within RP areas: A 1 Exclusive Agricultural District, A 2 Agricultural Residential District, A 3 Agricultural District, A R Floating Agricultural Residential District, F 2 Forestry District, F 1 Forestry District, and the proposed AC R District noted below. The following additional policies shall apply to rezoning petitions: a. Rezoning land to the A R Floating Agricultural Residential District or the proposed AC R Agricultural Compatible Residential District is preferred over additional non farm A 2 or A 3 parcels, unless rezoning land to either of these districts will not interfere Page 2 of 5 45

46 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN Town of Pleasant Valley: with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take land suitable for cultivation or other agricultural use out of production. Rural Preservation Comprehensive Plan Intent and Description: The primary intent of these areas is to, preserve productive agricultural lands in the long term, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and to preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. However, the term rural preservation is not intended to imply that changes in land use will not occur in these areas. Applicable Policies: The following policies are applicable to this rezoning petition. Staff comments, where provided, follow the policy in italics. 1. Farming and agricultural uses shall be established as the primary land uses within these areas. Non farm development shall only be allowed if it will not interfere with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take significant tracts of land suitable for cultivation or other agricultural use out of production. The proposed land division will have 3. Proposals for any new non farm residential development shall be consistent with the following policies: a. The maximum gross density for non farm residential lots shall be one unit per five (5) acres held in single ownership, except as otherwise provided below for conservation subdivisions. The minimum lot size for non farm residential lots shall be one (1) acre. The balance of the land not included in the residential lots shall be placed in a permanent conservation easement for agriculture, forestry, and open space use. b. Any new non farm residential lot shall have a Right to Farm disclosure attached to it acknowledging that the potential non farm owner has been informed that his lot has been established in an area where farming is the preferred land use, and stating that the owner understands that he must abide by the State of Wisconsin Right to Farm statute (WI Stat ). This language shall be recorded on the deed to the property, transferable to subsequent owners. c. Non farm residential development shall only occur on land that is marginal for agricultural productivity. At least 80% of any proposed new lot shall not contain Class I, II, or III soils. In addition, it is the preference of the Town of Pleasant Valley that new non farm residential lots that are approved in accord with these policies be located adjacent to or near existing non farm development. 4. The following Eau Claire County zoning districts will be considered for approval within RP areas: A 1 Exclusive Agricultural District, A 2 Agricultural Residential District, A 3 Agricultural District, A R Floating Agricultural Residential District, F 2 Forestry District, F 1 Forestry District, and the proposed AC R District noted above. The following additional policies shall apply to zoning petitions: b. Rezoning land to the A 2 Agriculture Residential District or the A 3 Agriculture District is discouraged for new non farm residential development, unless findings can be made that rezoning land to either of these districts will not interfere with, will not disrupt, or will not be incompatible with farming or agricultural use, and will not take land suitable for cultivation or other agricultural use out of production. Page 3 of 5 46

47 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN c. Rezoning land to the A R Floating Agricultural Residential District or the proposed AC R Agricultural Compatible Residential District is preferred over additional non farm residential A 2 or A 3 parcels. FARMLAND PRESERVATION PLAN: The property is included in the Farmland Preservation Plan Map, which allows the property owner to claim Farmland Preservation tax credits. Comprehensive Plan Summary The proposed A-2 zoning is generally consistent with the intent and description and the applicable policies of the Eau Claire County and also appears to be generally consistent with the Town of Pleasant Valley Comprehensive Plan. Further, the Town of Pleasant Valley recommends approval of the proposed rezoning. ANALYSIS When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location; and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County s Comprehensive Plan. A-P Rezoning Standards In addition, there are four standards for approving a rezoning of land from the A-P Agricultural Preservation zoning district to any other district. The following provides an analysis of this rezoning petition based on those standards: Standard 1 - The land is better suited for a use not allowed in the A-P Agricultural Preservation zoning district based on a review of soil types, historical productivity, location, and adjacent land uses. Soil Types The majority of the property contains woodlands and the soils are generally marginal for agricultural productivity due to soil types and presence of steep slopes. The applicant has provided additional reasons in his application (see attached). None of the soil types found on the property to be rezoned are considered prime agricultural soils, including: Soil Type Description Capability Class EmE Elkmound loam, 20-45% slopes 7 PfC2 Plainfield loamy sand, 6-12% slopes 6 PdC2 Plainbo loamy sand, 6-12% slopes 6 PfB Plainfield loamy sand, 1-6% slopes 4 EmD2 Elkmound loam, 12-20% slopes, eroded 6 Historical Productivity According to the applicant, the land is not tillable for crops as it is wood-hill land. A review of the soil and slope maps confirm that this property is not well-suited to productive agriculture Site Location The site is located on County Road W Adjacent Land Uses Uses in the area are a mixture of woodlands, cropland, and single-family residences. Zoning in the area is predominantly A-P, with A-2 to the south and A-R to the east. Agriculture is limited by topography and soil capability. Page 4 of 5 47

48 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN Standard 2 - The rezoning is consistent with any applicable comprehensive plans. The proposed rezoning substantially conforms to the future land use intent, purpose, and policies for the Eau Claire County and Town of Pleasant Valley Comprehensive Plans. Standard 3 - The rezoning is substantially consistent with the certified Eau Claire County Farmland Preservation Plan. The majority of the property is considered marginal for agriculture, with Class 6 soils predominating. The rezoning is substantially consistent with the Farmland Preservation Plan as it will not take any prime farmland out of production and will have no foreseeable impact on productive farmland surrounding the property. Standard 4 - The rezoning will not substantially impair or limit current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural use. The proposed rezoning will not substantially impair or limit current or future agricultural use. Town Board Action: The Pleasant Valley Town Board considered this rezoning petition on Monday, March 13, 2017 and recommended approval (3-0 vote) of the rezoning. The rezoning petition has been evaluated for consistency with the purpose of A-3 District and the uses allowed in the district. The request is consistent with the purpose of the zoning code based on the following findings: The proposed rezoning is consistent with the intent and purpose of the Future Land Use plans for the County and the Town of Pleasant Valley Existing uses in the area include agricultural fields, woodlands, and scattered single-family residences The property is appropriately situated for the intended A-2 zoning with like-zoned properties adjacent to the north CONCLUSION The rezone petition has been evaluated for consistency with the following: Eau Claire County and Town of Pleasant Valley Comprehensive Plan future land use designations Eau Claire County and Town of Pleasant Valley Comprehensive Plan goals, objectives and policies Eau Claire County Farmland Preservation Plan Eau Claire County Zoning Ordinance, including purpose of the zoning code and allowable uses in A-2 District In addition, the following factors have also been considered: Input of surrounding property owners. No correspondence in support or opposed to the proposed rezoning has been received, to date. RECOMMENDATION Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the rezoning petition to rezone the approximately acre property from the A-P District to the A-2 District as depicted on the attached map and described in the attached legal description. Page 5 of 5 48

49 Enrolled No. ORDINANCE File No /104 - AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE TOWN OF PLEASANT VALLEY - The County Board of Supervisors of the County of Eau Claire does ordain as follows: SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of Pleasant Valley, Eau Claire County described as follows: That portion of the Northwest ¼ of the Southwest ¼ lying westerly of County Road W, in Section 18, Township 25 North, Range 9 West, Town of Pleasant Valley, Eau Claire County, Wisconsin, except that portion platted as part of Lot 1, CSM #2654 recorded in Volume 15, Page 6. Said described lands contain acres to be reclassified from the A-P Agricultural Preservation District to the A-2 Agriculture- Residential District. SECTION 2 Where a certified survey map is required and may alter the above described property description, the official zoning district map for the town shall be automatically amended to reflect the property description of the certified survey map. ENACTED: I hereby certify that the foregoing correctly represents the action taken by the undersigned Committee on March 28, 2017 by a vote of for, against. Planning & Development Committee, Chairperson 49

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60 TOWN OF PLEASANT VALLEY March 13, 2017 TOWN BOARD MEETING CALL THE MEETING TO ORDER Chairman Dan Hanson called a Town Board Meeting of the Town of Pleasant Valley to order on Monday, March 13, 2017 in the Town Hall Meeting Room in Cleghorn at 7:30 p.m. PLEDGE OF ALLEGIANCE The chairman called for the honoring of the flag with the pledge of allegiance. INTRODUCTION OF TOWN OFFICIALS Board members present: Chairman Dan Hanson, Supervisor Doug Nelson and Supervisor Dan Green. Supevisor Green participated in the meeting electronically via speaker phone. Staff members present: Jen Meyer, Clerk/Treasurer, Dale Welke, Deputy Clerk/Treasurer and Highway Foreman Mark Behlke. PUBLIC HEARING - Rezone Roby/Stowe # from AP to A3 Chairman Hanson opened the public hearing at 7:35pm. Owner/applicant Matthew Stowe presented to the board his intentions of building a single family home on said acre parcel which is currently zoned AP. The application was reviewed by the board and a map was available for all meeting attendees. There are properties adjacent to said property that are currently zoned A3 and the board took this into consideration. Eight members of the public were in attendance. One resident, Aaron Sands, spoke in opposition to the rezoning citing he does not agree with growth in this portion of the town. One resident, Kathy Dennis had a question which was answered by the board. A letter was submitted to the board from resident Shawn Vanlandingham. He did not support or oppose the rezone, but is concerned about the speed limit and the risk of adding another driveway in the area. Chairman Hanson closed the public hearing at 7:45pm. REZONE Roby/Stowe # from AP to A3 Motion(Hanson/Nelson) to approve the application for rezoning said Stowe property from AP to A3. Chairman Hanson announced the ayes carry 3-0 and the motion is approved. Approval from the board will be forwarded to Eau Claire County Planning and Development. PUBLIC HEARING - Rezone Kilde # from AP to A2 Chairman Hanson opened the public hearing at 7:50pm. Robert Kilde, property owner at W2210 County Rd W reviewed with the board his intention to rezone his property from AP to A2. He would like to split the property into 2 approximate 5 acre lots so that his son can build a home on the property. The application was reviewed by the board and a map was available for all meeting attendees. There are properties adjacent to said property that are currently zoned A2 and the board took this into consideration. Eight members of the public were in attendance. No one spoke in favor or opposition of the rezone request. Chairman Hanson closed the public hearing at 7:55pm. 1 60

61 March 13, 2017 meeting minutes con t REZONE Kilde # from AP to A2 Motion(Nelson/Hanson) to approve the application for rezoning of said Kilde property from AP to A2. Chairman Hanson announced the ayes carry 3-0 and the motion is approved. Approval from the board will be forwarded to Eau Claire County Planning and Development. Rezone discussion Overgard Mr. Overgard was not in attendance at the meeting. Mr. Overgard previously discussed with Supervisor Green his desire to rezone his property so he can sell the house with a smaller portion of his land. This will be reviewed at a later date. Michael Drive Briarwood South Addition Engineer Scott Kramer and Developer Chris Sebesta presented to the board their intentions to develop Michael Drive (which was changed to Carol Circle in December 2006) on the Briarwood South Plat Map. The project was previously approved in December 2006, but the developer never developed said road and the developer s agreement expired. The town will issue a new developers agreement to Chris Sebesta. Conditional Use Permit Tamara Drive Kaiser/Ray A Conditional Use Permit application was received from Kent Ray to add an outbuilding to his property. A driveway permit was recently issued for the structure. Mr. Ray was not in attendance at this meeting but previously it was explained to him that the town in not have the decision authority to approve or deny a Conditional Use Permit. PROCEDURES Motion (Nelson/Green) to dispense with the reading of the February 20, 2017 Town Board Meeting minutes that were previously ed to the board and approve the minutes as printed. Chairman announced the ayes carry 3-0 and the motion is carried. Motion (Nelson/Hanson) to approve the Treasurers report for the month of February 2017 as presented and printed. Chairman announced the ayes carry 3-0 and the motion is carried. Town Chairman -None LETTERS & REPORTS Town Supervisors -Dan Green has received a suggestion from a community center user to add some additional serving items to the kitchen. Jen will look into options as to what would be beneficial. Town Highway Supervisor -Approximately one-half of the repairs are complete on the Town Shop. As soon as the new siding arrives, Cedar Falls will complete the project. -Stonebrook continues to have flooding problems. Dan Hanson will contact Eau Claire County regarding the storm water issues. 2 61

62 March 13, 2017 meeting minutes con t -Franson Road has required a lot of repair this month. The road has had to be dug out; rocks, fabric and base have been added. American Express assisted with the project and more work will most likely need to be done this spring. Town Clerk/Treasurer -The town has received the annual report from the WI Department of Revenue indicating all major classes are in assessment compliance. Deputy Clerk/Treasurer -Dale has been continuing to work on the cemetery mapping. He presented an example of a map he will have printed for the Town s use. None None CITIZEN INPUT COMPLAINTS OLD BUSINESS Appoint 2017 Park Committee Resolution # Dan Hanson will contact the remaining volunteer for confirmation before the committee is appointed. NEW BUSINESS ATV/UTV draft Jen distributed a draft of the ATV/UTV ordinance. The board will be meeting for a workshop on March 28 th to work on the details of the ordinance Annual Report draft Jen distributed a draft of the 2016 annual report which will be presented at the Annual Meeting on April 18, Budget Review The 2017 budget as of March 13, 2017 was presented and reviewed. Operator Licenses Two applicants applied for operator licenses within the Town of Pleasant Valley. Cindy Guthrie and Heather Pieper have both completed the necessary requirements to obtain a license. Motion(Nelson/Hanson) to approve operator licenses for both of the applicants. Chairman announced the ayes carry 3-0 and the motion is approved. At this time, Supervisor Green ended his participation in the meeting. 3 62

63 March 13, 2017 meeting minutes con t REVIEW/APPROVE ORDERS The bills /orders for the month of February 2017 and the alternative of claims paid report were presented by the clerk and approved by the town board for payment. ADJOURNMENT Motion (Hanson/Nelson) to move this meeting is adjourned. Chairman announced the ayes carry 2-0 and the motion is adopted. Adjourned at 9:00 p.m. Respectfully submitted, Posted at town hall Jen Meyer, Clerk / Treasurer Placed on Website

64 KILDE REZONING AERIAL MAP SUBJECT PROPERTY CTH W Pine Road Legend Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 64 q Not to Scale

65 KILDE REZONING SLOPE & TOPO MAP SUBJECT PROPERTY CTH W Pine Road Legend ft Contour ft Contour Depression 2ft Contour 2ft Contour Depression 0-20% % - 30% Greater than 30% Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 65 q Not to Scale

66 < 66' < 66' < 66' < 66' Existing Zoning 1 inch = feet Kilde Rezoning: RZN Existing Future Land Use 1 inch = 667 feet CTH "W" CTH "W" RL 66' Subject Property Legend Future Land Use Rural Residential Cluster Development RL 66' Subject Property Commercial/Industrial County Forest Natural Resource Protection CTH "W" Park & Recreational Public Institutional CTH "W" ROAD A-P 66' PINE A-R Recreational Commercial Rural Commercial Rural Hamelt Rural Industrial Rural Lands Rural Residential Rural Residential Mobile Home Rural Transition ROAD RL 66' PINE Urban Mixed Use PI A-3 CTH "W" A-2 CTH "W" RL RL Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-todate information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. "W" Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. 66

67 KILDE REZONING SOIL MAP EmE EmE EmB BoC PfB EmE PfC2 SUBJECT PROPERTY CTH W Legend Soil Map Unit EmD2 <all other values> Capability unit-main Pine Road <Null> 1 2 PdC2 3 4 EmB EmD2 PfC Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-to-date information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their own risk. This map was produced on March 6, 2017 by the Eau Claire County Department of Planning and Development and is for reference purposes only. 67 q Not to Scale

68 RZN KILDE ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 68

69 RZN KILDE Parcel Id NAME ADDRESS CITY STATE ZIP AUSEN, MICHAEL L S COUNTY ROAD W ELEVA WI DARRELL & JANE KLEVEN TRUST S COUNTY ROAD W ELEVA WI DENNIS, STEPHEN K & KATHLEEN ANN S COUNTY RD W ELEVA WI KILDE, RACHEL S COUNTY ROAD W ELEVA WI KOMP, MICHELE A S COUNTY RD W ELEVA WI MODRICH, THOMAS C & MELANIE A S COUNTY RD W ELEVA WI NELSON, BRADLEY S COUNTY ROAD W ELEVA WI PARKER, WINDELL F & MARY LOU W 2005 PINE RD ELEVA WI SCHWINEFUS, JOHN W & REBECCA J W 2462 PINE RD ELEVA WI ZASTROW, SCOTT A & KERRI A W 2455 PINE RD ELEVA WI

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88 Jeanna Allen From: Rod Eslinger Sent: Tuesday, March 14, :57 PM To: Jeanna Allen Subject: FW: Eau Claire County - Conditional Use Permit - CUP Kent Ray Property Tamara Drive FYI for the Kent Ray CUP request. Rod Eslinger Land Use Manager Ph From: Abboud, Jeffry - DOT [mailto:jeffry.abboud@dot.wi.gov] Sent: Tuesday, March 14, :56 PM To: Rod Eslinger Subject: Eau Claire County - Conditional Use Permit - CUP Kent Ray Property Tamara Drive Rod, The Department received notification of a Public Hearing scheduled for March 28, 2017 concerning a Conditional Use Permit for an accessory structure to be located on a parcel of land at 7330 Tamara Drive, Eau Claire. The Department has no comment concerning this request. Thank you for notifying the Department and the opportunity to review and comment on this request. Jeff Jeff Abboud Urban/Regional Planner Office: (715) jeffry.abboud@dot.wi.gov Wisconsin Department of Transportation 718 W Clairemont Avenue Eau Claire WI

89 ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 89

90 Parcel Id NAME ADDRESS CITY STATE ZIP ARNDT, JEFFREY A & REGINA K 3335 DAVIS DR EAU CLAIRE WI ATKINS, ADAM S 7435 S DAVIS DR EAU CLAIRE WI BAYOLA, RICARDO S 7395 S DAVIS DR EAU CLAIRE WI BENRUD, MICHAEL K 3311 GOLF RD EAU CLAIRE WI BERTRAND, WILLIAM 3668 TAMARA DR EAU CLAIRE WI BOURGET, RUSSELL K & KATHLEEN A 3673 TAMARA DR EAU CLAIRE WI BUGHER, JOHN D & KEARY J 3667 TAMARA DR EAU CLAIRE WI CAMERON, DANIEL M & RUTH M 3485 WALNUT RD EAU CLAIRE WI CAMPBELL, DESSIN M 3330 DAVIS DR EAU CLAIRE WI DUDEK, PAUL S 7405 S DAVIS DR EAU CLAIRE WI HANSEN, KHIET 3661 TAMARA DR EAU CLAIRE WI HULL, PATRICK F & CHRISTINA M 3320 DAVIS DR EAU CLAIRE WI HUTCHINSON TRUST E 5325 WALNUT RD EAU CLAIRE WI INGERSOLL, CAROL J S 7434 HOMESTEAD RD EAU CLAIRE WI JASTROW, JOHN A & JENNIFER 3776 WALNUT RD EAU CLAIRE WI KYSER, PERRY L & LINDA L S 7420 TAMARA DR EAU CLAIRE WI KYSER, PERRY L & LINDA L E 3477 WALNUT RD EAU CLAIRE WI LATTIMORE, JAMES E & TAMARA J 3682 TAMARA DR EAU CLAIRE WI MATEUS, STANLEY 3654 TAMARA DR EAU CLAIRE WI MUSLIM, MUHAMMAD S 7550 TAMARA DR EAU CLAIRE WI NOE, JEFFREY J & KATHRYN M 3280 DAVIS DR EAU CLAIRE WI STATE OF WISCONSIN, DEPT OF TRANSPORTATION 718 W CLAIREMONT AVE EAU CLAIRE WI STEINMETZ, RYAN M & NICOLE M 3690 TAMARA DR EAU CLAIRE WI WINBERG, NATHAN L & APRIL E S 7380 HOMESTEAD RD EAU CLAIRE WI

91 REPORT: Eau Claire County DEPARTMENT OF PLANNING AND DEVELOPMENT Eau Claire County Courthouse, Rm Oxford Avenue Eau Claire, Wisconsin (715) Housing & Community Development Emergency Services Management Real Property Description Land Use Controls Building Inspection Land Conservation Planning County Surveyor TO: COMMITTEE ON PLANNING AND DEVELOPMENT FROM: Jared Grande, Land Use Technician DATE: March 21, 2017 RE: Request to amend the building pad locations on lot 4 of the Plat of Thistledown. Jeff Stockburger, Professional Land Surveyor, has requested approval to amend the building pad locations as platted for lot 4 in the Plat of Thistledown. The Thistledown Subdivision is located in Section 11, T26N-R9W, Town of Washington. The affidavit requires the approval of the following approving authorities: City of Eau Claire, Town of Washington and Eau Claire County. Attachment B reveals both the platted existing building envelopes and the proposed new building envelopes for lot 4. When the Plat of Thistledown was developed, a condition of approval from the City of Eau Claire was to have pre-designed building pad locations on each lot. The City of Eau Claire and the Town of Washington are required to approve the requested change as outlined in the affidavit. The affidavit needs to be recorded in the Register of Deeds office before the change is effective. STAFF RECOMMENDATION: Staff has reviewed this request and recommends that the committee approve the adjustments for the building pad locations for Lot 4 of the Plat of Thistledown subject to the following conditions: 1. After all certificates have been executed, the final correction affidavit shall be recorded in the Register of Deeds office. 2. A copy of the recorded correction affidavit shall be provided to the department for filing in the property file. 91