SCCB approves rezone for Town of Kinnickinnic property for ag entertainment
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By LeAnn R. Ralph
HUDSON — On a vote of 12 “yes” to six “no,” the Saint Croix County Board has approved a rezone of 24 acres in the Town of Kinnickinnic from Residential-2 to Agriculture-2 for an application submitted by Brian Lorence.
According to information available in the county board packet for the St. Croix County Board’s August 1 meeting, “The applicant is requesting the rezoning in order to conduct Agricultural Entertainment uses on the property to include weddings, wine tasting and fall activities. Agricultural entertainment uses include farm-based businesses or enterprises that combine elements and characteristics of agriculture and tourism.
“Based on the zoning ordinance definition, Agricultural Entertainment includes a wide array of farm and farm-related activities, including outdoor recreation (nature-based tourism, fishing, hunting, wildlife study, horseback riding); entertainment (harvest festivals, barn dances, petting farms); and hospitality services (weddings, overnight farm or ranch stays). The Ag-2 zoning district allows up to 15 agricultural entertainment events per year. A conditional use permit would be required should the number of events exceed 15 in a 12 month period. An administrative land-use permit would be required if the number of attendees at any one event would exceed 100 persons.”
The St. Croix County Board’s Community Development Committee, on a vote of three “yes” to two “no” recommended denial of the rezone.
The St. Croix County Community Development Department recommended approval of the rezone.
According to the Community Development Committee’s report, R-2 zoning makes up 80 percent of the land in the Town of Kinnickinnic, and the zoning district supports the town’s transition from agricultural use to residential use.
The town’s residential areas are not always compatible with agricultural tourism activities in all areas of the R-2 zoning district, according to the committee’s report.
Against
The St. Croix County Board listened to nearly an hour of public comments devoted to the Lorence request for a rezone.
Most of the public comments were not in favor of the rezone, although several who spoke were in favor of the rezone.
Many of the concerns focused on the Lorence property being located in the middle of an area that is primarily residential with some farm fields.
People said they were concerned about the amount of traffic that would be generated, that they were concerned the ag-entertainment venue would decrease their property values, and they were concerned about alcohol being served at events.
The county board packet included a petition with signature received by the community development committee asking that the rezone be denied.
Others who expressed concern also were worried about what other uses could be allowed with Ag-2 zoning if the property were sold.
One person noted that there are more than 300 addresses located within two miles in a neighborhood that was described as a community and not a “development.”
Other people expressed concern that the rezone would be disruptive of the “rural character” of the area.
In favor
Lorence also addressed the county board.
Lorence said he is a retired engineer from 3M, that he and his wife, Patti, purchased the 24-acre horse farm property in 2018, that the property has been a horse farm since 1995, and that when they bought the property in 2018, it had been zoned Rural Residential.
In 2020, Lorence said he had learned the property had been rezoned to R-2.
There are several Ag-2 zones nearby, and there is another winery a mile away, he said.
Wisconsin state law requires that wine stops being served at 9 p.m., Lorence said.
His plans for the property align with the Town of Kinnickinnic’s comprehensive land use plan and with St, Croix County’s comprehensive plan, Lorence said.
Patti Lorence said they had planted grapes last year and were expecting the first crop of grapes this year.
Another person who was in favor of the rezone said it aligned with the town’s land use plan and county’s land use plan and that there was too much speculation about any future endeavors for which the property might be used.
Committee meeting
County Board Supervisor Ryan Sherley said he was one of the community development committee members who had voted in favor of the rezone.
The rezone request followed all the state statutes and county ordinances, and the Lorences followed all the rules and regulations, he said.
County Board Supervisor Mark Carlson said he also had voted to approve the rezone because it fits in with future land use plans for the property and because it is consistent with farmland preservation.
The state Department of Natural Resources was not opposed to the rezone, the St. Croix County highway department was not opposed and the neighbors seemed to be engaging in a lot of speculation about what could be done with the property or might be done in the future, he said.
The property meets the requirements for Ag-2 zoning because it is 14 acres of agricultural land, four acres of undeveloped land and four acres is residential, Carlson said.
There were accusations and some personal attacks on the Lorences at the July 14 public hearing that the Lorences were not allowed to refute, he said.
The community development committee held a public hearing May 18 but did not close the public hearing and continued it to the July 14 meeting to give the Town of Kinnickinnic time to further consider the request.
The Kinnickinnic Town Board was in favor of the rezone.
Proximity
The zoning ordinance does not take into account the proximity of the neighbors, said County Board Supervisor Dan Hansen.
Many of the neighbors prefer not to see it used for entertainment, he said.
It’s not about how well-liked the Lorences are, but what the neighbors want in the neighborhood, Hansen said.
The rezone to Ag-2 would follow the law, but the county board should go beyond that and respect the neighbors’ wishes, he said.
In the future, certain uses would be allowed, and no one knows what will happen in the future if the property is sold, Hansen said.
The rezone request does align with the town’s comprehensive plan and the county’s comprehensive plan, said County Board Supervisor Shawn Anderson.
Anderson said he appreciates the concerns of the neighbors but that the property owners also have rights.
The rezone is in line with ordinances on the books now, and the county could consider reviewing the current ordinances, Anderson said.
Based on the public hearing comments, the rezone would not be compatible with the development pattern in the area, said County Board Supervisor Jerry VanSomeren.
In government “of, by and for the people,” 35 have spoken against the rezone and 10 have spoken in favor, he said.
Zoning is “forever,” and whatever uses are allowed by the zoning can be what the land is used for, VanSomeren said.
People want to live as neighbors and have a community, he said.
There are other places where the Lorences could have wine-tasting, such as storefront, although the grapes and the horses are compatible with agricultural uses, VanSomeren said.
In a government “of, by and for the people,” individual rights are preserved, said County Board Supervisor Mark Carlson, who asked for clarification on R-2 and Ag-2 zoning from St. Croix County planner John Hilgers.
R-2 vs. Ag-2
R-2 zoning allows some agricultural uses along with residential uses, Hilgers said.
There can be two-acre lots with unlimited density in R-2 zoning, he said.
In Ag-2 zoning, there can be one residence per 20 acres. In R-2 zoning, manure storage would be allowed by Conditional Use Permit, Hilgers said.
Ag-2 allows most agricultural uses, while R-2 is more limited, he said, noting that the presence of the river along one side of the property would limit the number of livestock that could be kept on the property.
No agricultural entertainment is allowed in R-2, and in order to qualify for Ag-2 zoning, 50 percent or more of the property must be assessed as ag, Hilgers said.
Limitations
There are limitations concerning the number of events. No more than 15 events can be held per year with not more than 100 people attending, said Paul Berning, county board supervisor.
Ag-2 allows 15 ag entertainment events per year, and a conditional use permit would be required for more than 15 events, Hilgers said.
If there were going to more than 100 people at an event, the Lorences would need an administrative land use permit, he said.
Berning also asked Robbie Krejci, St. Croix County highway commissioner, about traffic.
There are mechanisms available to review traffic and how to safely accommodate more traffic and the approach access, Krejci said.
This is not the Somerset amphitheater with a Jumbotron and the world has been invited, said Lisa Lind, county board supervisor.
The Lorences want to have wine tasting. This is not a concert venue, she said.
The landowner’s rights have to be taken into consideration, and highly qualified county staff have reviewed the ordinances and statutes and said the rezone should be approved, Lind said.
The staff recommends approval, the highway department says there is recourse of there are traffic problems, and if the Lorences are going to build more facilities, then there will be more oversight for construction plans, Sherley said.
Wine tasting also requires an annual permit, VanSomeren noted.
According to the Wisconsin Department of Revenue’s publication on Retail Alcohol Beverage Licensing Information, “A ‘Class B’ winery license may be issued to a winery capable of producing 5,000 gallons per year that may sell wine only for on or off premise consumption. A ‘Class B’ winery license does not count against a municipalities’ quota and is not subject to ‘reserve’ fee. A winery may have either one ‘Class A’ or one ‘Class B’ license, but not both. The license may be issued at the winery or to real estate owned or leased to the winery.”
The publication also states, “‘Class A’ (liquor) retailers may sell intoxicating liquor to consumers only in original packages for off-premises consumption. They may offer taste samples of wine or intoxicating liquor on premises.”
Votes
A motion to deny the rezone for 24 acres in the Town of Kinnickinnic from R-2 residential zoning to Ag-2 agricultural district was defeated on a vote of 11 “yes” to seven “no.”
Voting against the motion to deny were Lisa Lind, Shawn Anderson, Bob Long, Cathy Leaf, Paul Berning, Rick Ottino, Bob Fiedler, Ryan Sherley, Greg Tellijohn, Mark Carlson and Mike Barcalow.
Voting in favor of the motion to deny the rezone were Paul Adams, Dave Ostness, Scott Counter, Dan Hansen, Bob Swanepoel, Jerry VanSomeren and Tim Ramberg.
County Board Supervisor Carah Koch was absent from the meeting.
A motion to approve the rezone request was approved on a vote of 12 “yes” to six “no.”
Voting in favor of the rezone were Lind, Anderson, Long, Leaf, Berning, Ottino, Fielder, Hansen, Sherley, Tellijohn, Carlson and Barcalow.
Voting against the rezone were Adams, Ostness, Counter, Swanepoel, VanSomeren and Ramberg.
