On Monday night, several residents argued before the New Richmond City Council to deny an application by BHM Properties LLC to annex property formerly owned by the Door family from the City of Richmond to the City of New Richmond.
Residents opposed the annexation for several reasons, including that the proposed annexation would allow the city to rezone and subdivide the property, and that the new zoning would allow for apartment complexes and rentals related to criminal activity. He suggested that the possibility might arise. They argued that the city could instead recognize the land’s historical origins and designate it as a historic site, saying it would “adversely impact the nature and character of the neighborhood.”
Residents argued that the same issues were discussed at a Planning Commission hearing and the subsequent 4-2 vote to recommend rejecting the application meant they were not fairly represented on council before making the decision.
Resident Gretchen Bell read a letter written by attorney Mackenzie Campbell of the law firm Door Drill & Squaw.
“I have reviewed the memo prepared by City staff and the minutes of the City Planning Commission meeting held on October 1, 2024. It doesn’t accurately reflect a deep discussion.”
The residents’ legal appeal argued that BHM’s application was procedurally flawed, did not clearly state the purpose of the annexation, and did not meet three elements known as the “rule of reason.”
Those elements are: Demonstration of the need for annexation of real property by the City. Non-arbitrary boundaries. Furthermore, the approval of the application does not amount to an abuse of discretion by the annexing municipality.
A review by the Wisconsin Department of Administration (DOA), required for owner-initiated annexations with unanimous approval, indicates that the land is adjacent to a city and that the annexation would expand the municipality’s jurisdiction into a new county. It turns out that’s not the case.
City Administrator Noah Wiedenfeld shared the results of his staff’s comprehensive review of BHM’s application. Its contents include:
Staff concurs with DOA’s assessment that the property is adjacent to city property, is homogeneous with adjacent parcels, and that utilities such as sewer, water, and electricity are readily available to serve the parcel. I did.
Rezoning the land from the town’s R2 designation, which allows single-family homes, modular homes, manufactured homes and duplexes, to the Z2 suburban district, the city’s lowest-density residential designation, violates city regulations. While still compliant, it will be more restrictive. Comprehensive plan with options for single-family homes, townhomes, and duplexes.
At the time of application, the property is undeveloped. Future development plans are subject to a separate application process that may include certified survey drawings, floor plans, site plan/stormwater applications, administrative permits, and/or building permit applications with consideration for future public comment.
Officials can’t immediately recall any unanimously approved annexation the city has rejected in the past decade.
City attorney Nick Vivian supported the city’s findings.
He pointed out that the clear purpose of the application was annexation, and because it was an owner-initiated annexation with unanimous approval, no disclosure of the development purpose or neighborhood consent was required.
Regarding abuse of discretion, Mr. Vivian said: “The municipality is deemed not to have abused its discretionary power. It is the responsibility of the opposition to show that the municipality has abused its power.”
“Whether you agree or not, the city has a legitimate reason to annex that land to the city, and it certainly wouldn’t be an abuse of discretion in this case,” Vivian said. Ta. “The city has the authority, based on statute and case law, to proceed with annexation if it wishes.”
Despite its historical origins, this application met the requirements to be approved.
Council members approved BHM’s application by a vote of 4-2.
The next regular New Richmond City Council meeting will be held on Monday, November 11th at 7:00 pm at the New Richmond Civic Center, 156 East First Street, New Richmond. The City will broadcast the meeting through the conference portal (iCompass web portal).
