PLANNING & DEVELOPMENT COMMITTEE AGENDA

Transcription

1 Eau Claire County PLANNING & DEVELOPMENT COMMITTEE AGENDA Tuesday, May 12, :00 PM Eau Claire County Courthouse 721 Oxford Avenue Room 1277 Eau Claire, Wisconsin 1. Call to order 2. Public Input Session (30 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 Hearing: a. A conditional use permit request for a farm consolidation greater than five acres in the A-1 Exclusive Agricultural District (Town of Lincoln) CUP / Discussion Action p Review of April Bills / Discussion p Review/Approval of Minutes for April 28, 2015 Meeting / Discussion Action p Proposed Future Agenda Items / Discussion 7. Adjourn Post: 5/6/2015 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 REZONE NUMBER: CUP COMPUTER NUMBER: PUBLIC HEARING DATE: May 12, 2015 STAFF CONTACT: Matt Michels, AICP, Senior Planner OWNER: Steve and Tracy Boyum, 9144 County 30 Blvd., Wanamingo, MN APPLICANT: Joseph Bradley, 7 E. Main Street, Suite. 8, Evansville, WI REQUEST: Conditional use permit for a farm consolidation greater than 5 acres LOCATION: 8705 N. Rodell Road, Augusta, WI LEGAL DESCRIPTION: A portion of the SE¼, NE¼, Section 26, T26N, R7W, Town of Lincoln. A complete legal description is attached. The property lies on the northeast corner of the intersection of County Road JJ and N. Rodell Rd. SUMMARY Request for a conditional use permit to create a farmland consolidation to allow the buyer to acquire a 13.9 acre lot to divide off the existing residence, a 50 x64 machine shed, a 36 x72 hoop barn, and a manure lagoon from the principal parcel for the purpose of operating a dairy. The remainder of the parcel will be retained by the existing property owner for agricultural use. BACKGROUND SITE CHARACTERISTICS: The applicants own a total of 159 acres in this vicinity and is requesting to split off a acre parcel that includes a freestall barn with a manure lagoon, a calf barn, a machine shed, and a residence The property has been vacant for several years All of the soils on the property are considered Prime Farmland Soils The application indicates that the acre lot will be used for its original construct use as a dairy operation The remainder of the property will be used for crops or pasture The manure pit is not in compliance and will either be decommissioned or brought into compliance before use. The buyer is working with the Eau Claire County Land Conservation Division to address this issue. A Nutrient Management Plan will be developed consistent with WI NRCS 590/ATCP 50.04(3) The acre lot will be create via the Certified Survey Map process if the CUP application is approved CURRENT ZONING: A-1 Exclusive Agricultural District. The purpose of the A-1 District is to: "A) preserve those areas best suited for farming and agricultural use; B) protect the agricultural economic base of the county; C) entitle farmers to tax credits under the Wisconsin Farmland Preservation Program; D) minimize urban sprawl 2

3 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP and its associated public expense; and E) minimize land use conflicts between farms and non-farm uses." ADJACENT ZONING & LAND USES: DIRECTION ZONING LAND USE North A-1 Agricultural fields, farms West A-1 Agricultural fields, farms South A-1 Agricultural fields, farms East A-1 Agricultural fields, farms PREVIOUS LAND USE ACTIONS A Conditional Use Permit for a 14.8-acre farm consolidation was recommended for denial by the Town of Lincoln on March 10, 2008, based on the fact that the east property line intersected the manure lagoon and that, if the the parcel was surveyed to include the entire lagoon, more arable acreage would be taken out of production and the property could potentially be split into three parcels, which was deemed undesirable by the Town Board. LAND USE PLANS The County Comprehensive Plan, adopted in 2010, includes this property in a Rural Lands planning area. The site is included in an Agricultural Area To Be Preserved under the Farmland Preservation Program. The land use plan for the Town of Lincoln places this property in the Exclusive Agriculture planning area. Eau Claire County - Rural Lands (RL) 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. Town of Lincoln-Exclusive Agriculture Intent and Description: Areas suitable for and should be preserved exclusively for agricultural use. Uses that are appropriate in these areas include, but are not limited to, the following: crop cultivation, livestock and/or poultry operations including feedlots, dairying, truck farming, plant nurseries, orchards, pasturage, forestry, and other similar farming activities. 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.3. This section of the code states that a conditional use permit is required for a farm consolidation that results in the creation of a parcel greater than 5 acres in size. This provision requires that, "The minimum amount of usable agricultural land shall be incorporated into the lot." Section D Livestock Facility Livestock facilities are allowed as permitted uses in the A-1 District provided they meet certain setbacks as follows: 1) not closer than 1,000 feet from a residential Page 2 of 3 3

4 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP district; 2) the facility has an approved nutrient management plan; 3) fencing or screening; and 4) no structure shall be placed within 100 feet of any lot line, except when adjacent to A-1; then the structure may be 50 feet from a lot line. 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. ANALYSIS: The farm consolidation provision in the Eau Claire County Zoning Code is generally intended to provide farmers the ability to separate the farm residence and building from the rest of their land to sell to another party. Farm Consolidation has also been authorized to set buildings aside from the rest of a farm for financial or tax purposes. It also helps facilitate saving tillable land from development by keeping it intact for either rent or purchase by neighboring producers. The code requires that the minimum amount of land suitable for agricultural use be included in the parcel separated in a farm consolidation: land suitable for agricultural use is considered to be land that is suitable for tillage. The soils on the proposed detachment are mostly prime soils and are currently planted in row crops. The detachment contains the access, buildings and the improvements required for the proposed dairying operation. A portion of the property on the southern side of the detachment will be utilized as pasture. The buyer will be working with the current owner to sell him his manure as part of the 590 Nutrient Management Plan. TOWN BOARD ACTION: The Town of Lincoln Town Board met on April 13, 2015, and voted unanimously (3-0 vote) to recommend approval of the conditional use application as submitted. STAFF CONCLUSIONS AND RECOMMENDATION: Staff concludes that the farm consolidation as proposed is consistent with the standards for conditional uses and can be found to be consistent with the standards for a farm consolidation, provided a suitable nutrient management plan is developed. The minimum amount of land suitable for the agricultural use proposed on the property has been included with the parcel, which should be sufficient for the operation, provided there are off-site locations to spread or otherwise dispose of animal waste. Staff recommends that the committee approve the conditional use permit with the following conditions: 1. The site plan that was submitted with the application shall be attached to and made a part of this permit. 2. A certified survey map shall be required to create the parcel, which shall conform to the site plan submitted with the application. The lot must be certified prior to sale of the land. 3. A nutrient management plan shall be developed and approved by the Land Conservation Division of the Planning and Development Department prior to issuance of the permit. 4. Prior to the issuance of the Conditional Use Permit, the applicant shall furnish the Department with written documentation that the buyer of the property has read and understands the provisions of the Wisconsin Right-to-Farm Law. 5. 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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13 CERTIFIED SURVEY MAP NO. VOLUME PAGE All lying in part of the SE 1/4 of the NE 1/4, Section 26, Township 26 North, Range 7 West, Town of Lincoln, Eau Claire County, Wisconsin. SURVEYOR'S CERTIFICATE: I, Gregory J. Raymond, Professional Land Surveyor in the State of Wisconsin, do hereby certify that by the order of Steven Boyum, I have surveyed part of the Southeast Quarter of the Northeast Quarter, Section 26, Township 26 North, Range 7 West, Town of Lincoln, Eau Claire County, Wisconsin. The parcel is more particularly described as follows: Commencing at the East Quarter corner of said Section 26; Thence S89 14'13"W, feet to the point of beginning; Thence S89 14'13"W, feet; Thence N0 19'08"W, feet; Thence N89 14'21"E, feet; Thence S0 18'25"E, feet to the point of beginning. Said parcel contains 609,371 square feet or total acres, more or less. I also certify that I have complied with the provisions of Chapter of the Wisconsin Statutes, the Eau Claire County Subdivision Ordinance, and the Town of Lincoln Subdivision Ordinance. I further certify to the best of my knowledge and belief that the accompanying map is a true and correct representation of the exterior boundaries of the land surveyed and the division thereof made. Dated this day of, Gregory J. Raymond, Wisconsin Professional Land Surveyor, S-2506 Project Number: COUNTY PLANNING AND DEVELOPMENT I, Lance J. Gurney, Director of the Eau Claire County Planning and Development, hereby certify that this Certified Survey Map is approved of as complying with Subtitle III, the Subdivision Control Code, of Title 18 of General Ordinances. Dated this day of, Lance J. Gurney, Director SHEET 2 OF 2 SHEETS 13

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

22 CUP BOYUM Parcel Id NAME ADDRESS CITY STATE ZIP BERGMAN, DENNIS A & ALEXIS J S 8845 S RODELL RD AUGUSTA WI DICKINSEN, BRENT D & DEBRA L 49 PO BOX AUGUSTA WI GABLER FAMILY TRUST, MATTHEW & PATRICIA S 9125 S RODELL RD AUGUSTA WI KOLPIEN, RODNEY P 392 PO BOX AUGUSTA WI SCHACHT, DENNIS S 1911 S 140TH AVE FALL CREEK WI

23 PLANNING AND DEVELOPMENT DEPARTMENT BILLS PAID IN April 2015 PLANNING DEPT APA-Lance Gurney $ Office Depot $ Peter Strand - Mileage $ Rod Eslinger - Conference 340 $19.38 Rod Eslinger - Mileage 330 $ Matt Michels - Mileage $77.52 Steve Maley - Mileage $ Eau Claire Press Company $ Jared Grande - Mileage $ EO Johnson $ EC Business Interiors $ Lance Gurney- Travel $ RESURVEY KWIK TRIP GAS $34.06 State Bar of Wisconsin $69.90 Menards $16.07 Wisconsin Society of Land Surveyors $ Matt Janiak - Travel $ Jay's Sign $ Emergency Government Hilton-Tom Hurley-Gov Conf $ Two Way Communication $43.00 RECYCLING BILLS Robert Bernard / March - April $ Robert Krogstad / March - April $ Steven Davidson / March - April $ Steven Ross / March - April 200 $ Steven Ross / March - April 208 $ Ken Mitchell / March - April $ Proyvyro Waste $6, Boxx Sanitation $19, Village of Fairchild $ Dunn County $2, Gracious Living * $1, TC Imaging $35.00 Town of Wilson Treasurer $82.08 Mary Osborne $ Kenneth Blodgett $81.60 Pro-Card $ * Compost bin program $36,

24 Land Conservation Division April 2015 The following bills were sent to the Finance Department for payment. Vendor Line Item # Amount Description Alpha Nurseries, Inc $ 1, Final Tree Payment Black, Derrick $ Refund - Tree Shortage Bosch's Countryview Nursery $ 2, Final Tree Payment Eau Claire Co. Expo Center $ Barn Rental - Tree Program Eau Claire Co. Hwy $ Fuel (3 trucks) 2/22/15-3/21/15 Lake Eau Claire Association $ 15, Aeration Building Lake Eau Claire Association $ 30, Aeration Down Payment Lake Eau Claire Protection & Rehab Dist $ 37, Sediment Trap Cleaning Olson Environmental Research, LLC $ EC River Watershed - Consulting Svc. Zimmerman, Linda $ April Expense Sheet - Mileage TOTAL $ 88, *= Special Check 5/6/

25 Eau Claire County PLANNING & DEVELOPMENT COMMITTEE MINUTES Tuesday, April 28, :00 PM Eau Claire County Courthouse 721 Oxford Avenue Room 1277 Eau Claire, Wisconsin Members Present: Gary Gibson, Gordon Steinhauer, Jim Dunning, Stella Pagonis, Steve Chilson Members Absent: None Staff Present: Lance Gurney, Rod Eslinger, Matt Michaels 1. Chairman Gibson called the meeting to order at 7:00 p.m. 2. Public Input Session: None 3. Public Hearing: a. A conditional use permit to construct a solar electric generating facility in the I-1 Nonsewered Industrial District (Town of Washington) CUP / Discussion Action Rod Eslinger presented the background and staff report for a conditional use permit to allow a solar electric generating facility in the I-1 zoning district by MemberSolar, LLC, agent for Eau Claire Electric Cooperative. Rod reviewed access to the site, adjacent land uses, WisDOT transportation issues, comprehensive plan consistency, and details of the request. The proposal is to install nine rows of solar panels that will be located east of the existing storage yard in the field opening on Eau Claire Energy Cooperatives property and will be completely surrounded by an eight foot high chain link fence. The Town of Washington considered the request and recommended approval as submitted with staff conditions. Mr. Eslinger then presented a video of the property. Lynn Thompson spoke as CEO of Eau Claire Energy Cooperative to discuss benefit of the project, purpose, and grant funding support. The project will produce approximately 850 kw each year, which is enough to provide electricity for roughly 100 residences within their service area. George McCloud appeared as the neighbor to the north and his main concerns are the removal of trees to the north and location of fencing, which Mr. Thompson indicated they have no plans or desires to remove trees either to the north or south and that the fenced area will all be located within the existing open area. ACTION: Motion by Steve Chilson to approve the conditional use permit request with the staff conditions. Motion carried, 5-0. b. Proposed Ordinance: File No /001 Amending the 1982 Official Zoning District Boundary Map for the Town of Union (Haas & Sons) RZN / Discussion Action Matt Michaels presented the staff report, adjacent land uses, and background of the request to rezone property from the A-2 to the I-1 zoning district on behalf of the applicant. The applicant intends to rezone 59 acres of land to allow for sale to the adjacent land owner, Menard, Inc. The applicant amended the original request and removed approximately 25 acres from the request based on concerns expressed from adjacent residences to the west and north of the site, and instead is proposing to install a large berm with landscaping on the northwest corner of this property to help buffer existing residences from the planned industrial uses. The Town of Union approved the request as submitted. Staff confirmed the request is consistent with the respective comprehensive plans and staff is recommending 25

26 Committee on Planning & Development Page 2 April 28, 2015 Minutes approval as well. A video of the subject property was reviewed. Mr. Eslinger indicated that the uses on the subject property predated zoning, and therefore is considered legal nonconforming. Steve Haas appeared as applicant to answer questions from the committee. Mr. Haas indicated that they are not proposing to expand their footprint, but instead to sell land currently unused to Menard, Inc. Debbie Smith appeared on behalf of the Town of Union to reiterate the Town s support and the fact that the neighboring residential concerns were addressed by pulling back the request so that the northerly 25 acres would be preserved as open space at this time. ACTION: Motion by Gordon Steinhauer to approve file 15-16/001 as submitted. Motion carried, 5-0. c. Proposed Ordinance: File No /002 Amending the 1982 Official Zoning District Boundary Map for the Town of Union (Menards) RZN / Discussion Action Matt Michaels presented the staff report, adjacent land uses, and background of the request to rezone property from the A-2 to the I-1 zoning district on behalf of the applicant, Menard, Inc. The applicant intends to rezone 31 acres of land to allow for expansion of a large distribution facility on the subject property. The requested rezone to I-1 would be consistent with the Town of Union s and Eau Claire County s respective Comprehensive Plans, is consistent with adjacent land uses, is in close proximity to major transportation facilities, and therefore staff recommends approval along with the Town of Union. A video of the subject property was then reviewed. Theron Berg appeared on behalf of Menard, Inc to discuss the proposed 600,000 warehouse distribution facility. The proposed site plan will allow the existing truck flow to remain the same with access off of Kane Road. Mike Bauer also appeared on behalf of Menard to discuss warehouse space and truck routing. Inbound trucks will come in on Kane and exit on North Town Hall Road. Debbie Smith appeared again on behalf of the Town of Union to discuss support of the request and use of Kane Road and North Town Hall Road, which were specifically built to accommodate Menard, Inc. Rod mentioned that Kane Road and a portion of County Line Road east bound to County Road T had been improved through grant funding to accommodate further development for Menard, Inc. ACTION: Motion by Jim Dunning to approve file 15-16/002. Motion carried, 5-0. d. Proposed Ordinance: File No /005 Amend Chapter 19, Comprehensive Plan of the County Code / Discussion Action Lance Gurney introduced the comprehensive plan amendment which includes the Farmland Preservation Plan. Mr. Gurney gave background on the state s farmland preservation program to update the plan to adapt the rule to the current agricultural needs. Eau Claire County existing Farmland Preservation Plan dates back to October ECC rec d a grant in 2011 to develop a new farmland preservation. Lance gave a timeline overview of events. He explained the purpose of the farmland preservation program and the state s Working Lands Initiation. ECC s implementation tool was the A1, Exclusive Agricultural District. The program provided tax credits. Since the inception of farmland preservation, Eau Claire County s farmers have received approximately 9 million dollars in tax credits. To qualify for the 26

27 Committee on Planning & Development Page 3 April 28, 2015 Minutes program, farmers need to practice conservation practices to protect soils from erosion, and manure runoff control, and over application of nutrients. Lance reviewed the Prime Farmland Map, Farmland Preservation Participants, A-1, Exclusive Ag. District Map, and Preservation Areas Map with the committee. Mr. Dunning asked about how Farmland Preservation Planning applies to the unzoned towns. Mr. Gurney explained how the land owners in an unzoned town could participant in the program under an Agricultural Enterprise Areas. Owners in an AEA and in an unzoned town with a 15 year agreement would qualify for a $5 per acre tax credit. Mr. Gurney answered several questions from the committee related to the farmland preservation plan. Lance explained that the DATCP have certified the plan and the next step in the process will be to work on the implementation of the plan by amending the zoning codes. ACTION: Motion by Stella Pagonis to approve file 15-16/005. Motion carried, A variance request to create a lot with a depth to width ratio to exceed 4:1, Section 17, T27N-R7W, Town of Seymour / Discussion Action Rod Eslinger presented the staff report for the variance request to exceed the length to width ratio, which would allow the applicant to divide a acre lot into two separate lots, one being approximately and 8.23 acres respectively. The resulting ration would be 5.1 to 1, while code allows for a ratio of 4 to 1. Based on the surrounding lot sizes and uses, staff is not objecting to the proposed variance, which is the minimum necessary to grant relief and that the applicant be required to meet frontage requirements. Gary Gibson inquired as to the purpose of the septic easement area on the proposed CSM. This is to accommodate an existing septic system with the understanding that when the septic system needs to be replaced, it shall be entirely located on Lot 6 and the easement on Lot 7 shall be removed. Eric Knauf appeared as agent for the applicant. James Dunning inquired as to where the new house will be located on Lot 7 and whether or not the new house could utilize the septic located on Lot 7, thereby installing a new septic system for the existing residence on Lot 6. One of the issues with the proposed lot layout is compliance with applicable setbacks for both the home and existing agricultural sheds on the property. ACTION: Motion by Jim Dunning to approve the variance request. Motion carried, A request to amend Lot 30 of the Plat of Stonebrook Ridge to change the established no construction line / Discussion Action Rod Eslinger presented a request to amend a no-construction line for Lot 30 of the Plat of Stonebrook Ridge. He explained that a detailed flood study and contour map had not been completed at the time the plat was approved and recorded. The proposed or revised no construction line does not adversely impact the floodplain, wetlands, or slopes in excess of 20%, and therefore staff recommends approval of the amendment request with two conditions. The request has been previously approved by the Town of Pleasant Valley. ACTION: Motion by Stella Pagonis to approve the variance request as submitted with staff conditions. Motion carried, Review/Approval of Minutes for April 14, 2015 Meeting / Discussion Action 27

28 Committee on Planning & Development Page 4 April 28, 2015 Minutes ACTION: Motion by Gordon Steinhauer to approve the minutes as submitted. Motion carried, Proposed Future Agenda Items / Discussion Click here to enter text.none 8. Chairman Gibson adjourned the meeting at 9:10 p.m. Respectfully submitted, Lance J. Gurney Clerk, Committee on Planning & Development 28