DCPREZ-2013-10617 - Laserfiche WebLink

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"" o,,, Public Hearing: December 17, 2013 Petition: Rezone 10617 -w° `�. Zoning Amendment: Town/sect: Staff Report u A-1 EX Exclusive Agriculture Medina ',''9corrg_ ` District to A-2(1) Agriculture Section 36 District Acres:1.0 Applicant Zoning and Land Regulation Committee Survey Req. Yes Steven G Nampel Reason: Creating one residential lot Location: North of 4758 Jacobs Rd iir ..,. ,,,_.r_: r i f. .M . 1 .i. 1 . , < .. to ToAr2(1) _ — . El \ • __� 4 it,Description: The petitioner would like to create a residential lot on the 35-acre parcel. The housing density right appears to be stemming from a destroyed residence. Observations: Approximately 30% of the proposed lot is wooded. The grade ranges from 16% to 26% in the center portion of the lot. No other sensitive environmental features observed. There are multiple outbuildings on the 35-acre property. Some may be habitable. Note: Residential development must be located at least 200 feet away from the I- 94 corridor per Noise Overlay District requirements. Town Plan: The property is located in the Agricultural Preservation Area. All residences count as a housing density right. The Town of Medina has sent a letter noting the history of the parcel. County Staff has reviewed the history of the parcel and determined a housing density right exists on the property. The Town Plan lists criteria for siting residential development. See attached excerpts from the Town Plan. Resource Protection Area: The Town of Medina Plan identifies lands within 100-year floodplains, wetlands, significant woodlands, and steep slopes exceeding 12% grade as being part of the resource protection area. Development should be discouraged in these areas. The majority of the proposed zoning boundary is within the resource protection area. Staff Comments: The proposal may be conflict with Town Plan policies regarding resource protection areas due to steep slope topography. Staff suggests that the home site be shifted further south to an area with lesser slopes. The remaining acreage will be less than 35 acres in size and will need to be included in the Certified Survey Map as a second lot with appropriate zoning such as A-4. Staff Update: The petitioner has repositioned the home site, approximately 150 feet east, to an area outside slopes exceeding 12%grade. Town Action:Approved. See attached. 12/17 ZLR Action: Motion by Kolar/ Bollig to postpone until town action is received; motion carried, 3-0. YGP: 1-0. 1/14/14 ZLR Action: Motion by Hendrick/Matano to recommend denial of the petition; motion carried, 5 -0. Findings: The proposal conflicts with the Town of Medina Comprehensive Plan policies regarding resource protection areas. The development is located in an area with slopes exceeding 12% grade. 1/23/14 County Board: County Board re-referred Petition#10617 back to the Zoning and Land Regulation Committee. 2/11/14 ZLR Action: Motion by Hendrick/Matano to recommend approval of the petition subject to the following amendment and conditions; motion carried, 4-0. YGP: 1-0 1. Amend the proposed A-2(1)zoning district boundary as shown on the preliminary Certified Survey Map dated 2/11/14. 2. Residential development shall be located within the building envelope as delineated on the preliminary Certified Survey Map dated 2/11/14. 3. The resource protection corridor associated with slopes exceeding 12%grade, and proposed building envelope area, shall be shown on the Certified Survey Map for the proposed A-2(1) parcel. 4. Deed restrict the remaining acreage owned by the applicant to prohibit residential development.