HomeMy WebLinkAboutBoard of Adjustment 05-29-08 I V
ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, May 29, 2008
8:30 a.m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: June 26, 2008
E. UNFINISHED BUSINESS
1. Tabletop Properties Special Exception Amendment — Tabled April 24, 2008
F. PUBLIC HEARINGS: See Attached
G NEW BUSINESS
1. Heartland Montessori School Special Exception - Requests for Reconsideration
2. DZA Discussion
3. Legal Update
a. Elert Appeal
b. Bonnes Appeal Withdrawal
c. Murr Status Conference
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: May 21, 2008
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
*CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, May 29, 2008, at 8:30
a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests
under the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will
deliberate and vote on the requests.
SPECIAL EXCEPTIONS
1. APPLICANTS: Steve and Judy Guise
LOCATION: NE' /4 of the NE' /4 of Section 21, T29N, R17W, Town of Hammond
ADDRESS: 1785 Highway 12
REQUEST: After -the -fact special exception permit to operate a propane storage and transfer facility in
the Commercial District pursuant to Section 17.18(1)(a) of the St. Croix County Zoning
Ordinance.
2. APPLICANTS: Donald D. and Edie R. Anderson
LOCATION: NW ' / 4 of the SE ' / 4 of Section 29, T29N, R18W, Town of Warren
ADDRESS: 736 107"' Street
REQUEST: After - the -fact special exception permit to restore an area over 10,000 square feet that was
disturbed in the Shoreland District of Twin Lakes pursuant to Section 17.29(2)(d) of the
St. Croix County Zoning Ordinance.
3. APPLICANTS: Xcel Energy and Kevin and Cecelia Lund" *WITHDRAWN * **
LOCATION: NE' /4 of the NE' /4 of Section 34, T29N, R16W, Town of Baldwin
ADDRESS: US HWY 12
REQUEST: Special exception permit to construct a substation on a lot in the Ag Residential District
pursuant to Section 17.15(6)(1) of the St. Croix County Zoning Ordinance.
4. APPLICANTS: Lee and Lori Kisling
LOCATION: SE ' / 4 of the NE ' / 4 of Section 25, T29N, R19W, Town of Hudson
ADDRESS: 913 Highlander Trail
REQUESTS: Item #1: Special exception permit for filling and grading over 10,000 square feet within
the Shoreland District of an unnamed pond pursuant to Section 17.29(2)(d) of the St.
Croix County Zoning Ordinance.
Item #2: Variance to disturb slopes of 25 percent and greater in order to construct a
driveway in the Shoreland District of an unnamed pond pursuant to Section 17.29(2)(e) of
the St. Croix County Zoning Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained
from the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
AV
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
�qt
May 29, 2008
The meeting was called to order by Chairperson Malick at 8:30 a.m. A roll call was
made. Chairperson Malick, David Peterson, Joe Hurtgen, Jerry McAllister, and Sue
Nelson were present. Staff included: Jenny Shillcox, Zoning Specialist; Dave Frodroczi,
Planning and Zoning Director; Pam Quinn, Zoning Specialist; Alex Blackburn, Zoning
Specialist; Steve Olson, Land and Water Conservation Department; and Becky Eggen,
Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, June 26, 2008 at 8:30 a.m. in
the County Board Room of the Government Center in Hudson.
New Business
Heartland Montessori School
Motion by Malick, second by Peterson to reconsider the special exception permit. This
item will be placed on the June 26, 2008 agenda.
Motion carried unanimously.
Unfinished Business: TabletoD Properties Special Exception Amendment
On April 24, 2008, the Board of Adjustment tabled the applicants' request for an
amendment to their existing special exception permit for an indoor motorsports facility to
provide permanent, individual campsites on their parcel in the Commercial District in the
Town of Star Prairie. The Board found that the applicants had not complied with the
conditions of the original special exception permit approved in 2006 and tabled the
request until their May 29, 2008 meeting.
Staff presented the staff report and the application. The Town Chair testified at the
hearing on April 24, 2008 that the Town Board supports the applicants' request. The
Town Chair also testified that the Town is in process of enacting a Campground
Ordinance and the campground, as currently proposed, would meet the requirements of
that Ordinance. The Town Clerk faxed a copy of the Draft Campground Ordinance for
the Board's information. The Town Board submitted no further comments. St. Croix
County Land and Water Conservation Department visited the site on May 22, 2008 and
verified all of the gullies have been repaired and most of the sediments have been
removed from the wetland, but there is still sediment in the storm water ponds that needs
to be removed. They also verified the applicants have placed an erosion mat in the worst
areas and are also spreading mulch, but some grading, seeding, and mulching still needs
to take place. St. Croix County Highway Department submitted no further comments.
St. Croix County Public Health Department submitted no further comments. Wisconsin
Department of Natural Resources is still working with the applicants to ensure
Y' compliance with the Chapter 30 permit requirements. Staff recommended approval of
the request based on 17 findings of fact and conclusions of law with 21 conditions.
Donnie Vincent signed an oath and spoke in favor of the request. He stated he agreed
with staff recommendations but had questions with the condition regarding dispatch. He
stated there is an emergency siren 150 yards from the campsites. He also has phones
located in the building and there are secretaries to answer the phones during the events.
There is an ambulance on -site at all times and the front gate is open at all times. He said
if they were not holding an event, the camping is completely for Cedar Lake Speedway.
He stated they could possibly forward all the calls to the caretaker's home and the
campers would be able to use the caretaker's landline if needed. The overflow parking
and camping is mainly for Cedar Lake Speedway. He testified he is willing to submit
photos of the erosion repairs. He has plans to plant conifers to help eliminate the fan
noise problem. He stated he will plant them in the fall when he is using the fans. In the
fall, if the trees do not eliminate the noise issues he will then install the hoods on the fans.
In the fall /winter he typically has 500 -600 riders where in the spring/summer he has
approximately 30 riders a week. He said he can't afford to have engineers do an
overflow parking plan, but would be willing to draw up a plan and /or map. He stated
Cedar Lake Speedway and the Sandbox will never run a joint event.
No one testified in opposition.
Application #1: Steve & Judy Guise — After - the -Fact Special Exception
The applicants requested an after- the -fact special exception permit to continue operating
a propane and propane equipment storage and transfer facility, Ultra Energy, Inc., in the
Commercial District in the Town of Hammond.
Staff presented the application and staff report. The Hammond Town Board was sent a
copy of the special exception application but did not submit a recommendation. In 1993,
the Town of Hammond Town Board identified the site for future commercial use on its
Land Use Map. In 2003, the Town of Hammond Town Board gave the previous property
owner, Eric Larson, permission to store liquid propane in a 30,000 - gallon tank, which
still exists on the site. In 2007, the Town Board approved the applicants' request to
rezone the site from Ag- Residential to Commercial to support the proposed propane
facility. St. Croix County Land and Water Conservation Department reviewed the
application and visited the site, and observed fairly substantial drainage from the west
that drains across the applicants' property to the east. The Department also reviewed
additional storm water and erosion control plans submitted by the applicant, which they
found adequate provided the proposed rock infiltration bed is a minimum depth of six
inches. They found that the proposed waterway was also adequate for the associated
watershed, but recommended that additional storm water management measures be
installed if impervious coverage is going to be added to the site. They further
recommended that the storm water plan be designed to infiltrate 1.5 inches of runoff from
all the newly created impervious coverage on the site and that the silt fence remain until
all vegetation re- establishes on the site. Wisconsin Department of Transportation
reviewed the application and had no comments concerning the use of the property. They
2
verified the only public access is from US Highway 12 and the access has already been
permitted. Staff recommended approval based on 14 findings of fact and conclusions of
law with 16 conditions.
Steve Guise signed an oath and spoke in favor of the request. He stated he agrees with
the staff report. He testified he plans to excavate the site this year and would like an
extension to pave the driveway until it has settled. He also stated he agrees with having a
buffer but would like an extension since August isn't the best time to plant six -foot trees.
He stated the tank on the property is elevated. He said he does not want to plant trees
now when he is doing excavating since they could be in the way. He testified he could
possibly build a berm on the north side for screening rather than planting trees. He said
the majority of his business is done by phone or mail. His office is located at his
residence. He said he calls and visits the sites when conducting business. He stated he is
okay with having a sign on the property with a phone number to direct customers off site.
There will be a chain link fence around the property as it is required by the State. He
stated there will be a security light and there is an 800 number posted that is answered
twenty -four hours a day.
Karen Grossaint, who owns land near the applicant's property, signed an oath and spoke
in opposition to the request. She testified the property was never used as a fill station
until Guise purchased the property. She stated she wanted to make sure all fire and safety
hazards are in place. She had concerns with the runoff and erosion the blacktop will
create. Other concerns she had were the emergency plans that are in place in case of an
accident along with the traffic safety. She stated her main concern is the safety on
Highway 12.
The Board recessed at 9:41 a.m.
The Board reconvened at 9: 48 a.m.
_Application #2: Donald & Edie Anderson — After - the -Fact Special Exception
The applicants requested an after - the -fact special exception permit for filling and grading
an area exceeding 10,000 square feet in the Shoreland District of Twin Lakes in the Town
of Warren.
Staff presented the staff report and the application. The Warren Town Board was sent a
copy of the application. The Town Clerk notified staff that the matter has been placed on
the upcoming Town Board meeting agenda. St. Croix County Land and Water
Conservation Department reviewed the application and visited the site, and supports
restoring the disturbed, un- vegetated, unstable, and environmentally sensitive slopes.
They found the proposed erosion control to be adequate for the site and recommended
using a native seed mix to restore the site. They gave the applicant contact information
for Pheasants Forever as a potential seed source. Wisconsin Department of Natural
Resources reviewed the application and verified the project may require a Chapter 30
grading permit depending on the distance of the project from the OHWM of Twin Lakes,
and that a NR 216 storm water permit has already been issued to the applicants for
disturbing more than one acre. Staff recommended approval based on nine findings of
3
l
fact and conclusions of law with 14 conditions.
Brent Johnson, the applicants' attorney, signed an oath and spoke in favor of the request.
He testified his clients want to restore the area to the way it was before any dirt was
moved. He stated the issue was brought up by a neighbor's complaint in 2006. He stated
his clients just want to get the area back to the way it was. He testified there had been
some moving of dirt the day before the hearing by the neighbor, Roger Kubera, covering
up the silt fence the Andersons had installed. He said once the restoration project has
been completed that the Andersons do not want to be held accountable for anything
further the neighbor may do. He said they plan to plant native vegetation and the project
may not begin until late July and asked for more time to plant the native buffers.
Dale Stewart, neighbor of the Andersons, signed an oath and spoke in favor of the
request. He recommended that the project continue as planned and restore the area.
Roger Kubera, land owner in which the easement is located, signed an oath and spoke in
opposition to the request. He testified the issue started in 2006 when he submitted a
CSM to put a joint access onto his property. He got County and Town approval for the
joint driveway. He testified he isn't against the Anderson's doing the restoration work on
their property but not on his property. He said he has a driveway permit to install an
entrance to a new driveway and a building and he intends to do so. He stated he did work
the day before to restore the grading in the easement and began his project. He said he
has a problem with work in the easement because he intends to do improvements in the
future. He testified he has a problem with the culvert the Andersons installed.
Don Anderson signed an oath and spoke in favor of the request. He stated the culvert is
not functional. He testified he moved the dirt originally. He said the easement serves as
an access to get to their 120 acre parcel. He stated he wants to put everything back to the
way it was originally before any movement of dirt and in order to do that he has to work
in the easement. He asked for more time to get his plantings installed.
Application #4: Lee & Lori Kislin2 — Special Exception & Variance
The applicants requested a special exception permit for grading and filling an area
exceeding 10,000 square feet in the Shoreland District of an unnamed pond to the south
and southwest of Lot 32, in order to construct a single - family dwelling, driveway, and
sanitary system. Of the total project area, an area of nearly 14,000 square feet will be
disturbed on slopes of 25 -30 percent to install the driveway and force main connection to
the septic system, which required a variance.
Staff presented the staff report and the application. The Town of Hudson was sent a copy
of the application, but the Town Board did not submit any comments. St. Croix County
Land and Water Conservation Department reviewed the storm water management and
erosion control plans and found them to be adequate. They recommended the infiltration
basin be constructed prior to any lot grading to act as a temporary sediment basin during
construction. Sediment control measures must be placed on the down - gradient slope of
all grading activities for the driveway and septic system. Trees should be incorporated
4
into the vegetation plan on steep slopes adjacent to the excavated drive. Wisconsin
Department of Natural Resources reviewed the application and verified the project does
not require permits under Chapter 30 NR 216. Staff recommended approval based on 14
findings of fact and conclusions of law with 13 conditions.
Steve West, Landsted, signed an oath and spoke in favor of the request. He stated the
drainage goes to an infiltration basin. He said the net buildable area is on the south side
and the septic system will be going in the front. He stated they would like to get the
project started in June.
No one testified in opposition.
The Board recessed for site visits and lunch at 10:30 a.m.
The Board reconvened at 1:35 p.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #4: Lee & Lori Kisling — Special Exception & Variance
Motion by Nelson, second by Hurtgen to approve a special exception and variance in the
Shoreland District based on the following findings of fact and conclusions of law:
1. The applicants are Lee and Lori Kisling, property owners, with Steve West,
Landsted, LLC, acting as their agent.
2. The site is located at the SE 1/ of the NE 1 /, Section 25, T29N, R19W, Town of
Hudson, St. Croix County, Wisconsin.
3. The Town of Hudson Town Board has not submitted comments on this
application.
4. The St. Croix County Land and Water Conservation Department finds the storm
water management and erosion control plans to be adequate and recommends that
the applicants record an operation and maintenance plan for the storm water
measures against the property.
5. The Wisconsin Department of Natural Resources has reviewed the application
and verified that the project does not require permits under Chapter 30 or NR
216.
Item #1 (Special Exception):
The Board makes the following Findings of Fact and Conclusions of Law pertinent to
the applicant's special exception request for filling and grading in the Shoreland
District (Item #1):
5
6. The applicants filed an application with the Board of Adjustment for a special
exception permit for filling and grading an area exceeding 10,000 square feet in
the Shoreland Districts of Indigo Pond and an unnamed pond to construct a
single - family dwelling, driveway, and sanitary system pursuant to Section
17.29(2)(d) of the St. Croix County Zoning Ordinance. The proposed filling and
grading activities encompass an area of approximately 43,090 square feet on
slopes ranging from less than 12 to over 25 percent. Of the total project area, an
area of nearly 14,000 square feet will be disturbed on slopes of approximately 25
- 30 percent to install the driveway, which will require a variance (Item #2).
7. The site is located in the Shoreland Overlay District of an unnamed pond, is
adjacent to public land owned by the US Fish and Wildlife Service, and is within
a primary environmental corridor as identified by the St. Croix County
Development Management Plan 2000 -2020. With conditions for implementing
and maintaining proper erosion control measures before, during and after
construction; limiting the use of phosphorous fertilizers on the site; and
maintaining and enhancing the current level of native trees, shrubs, and
groundcover on the site — particularly on steep slopes - this request will be
consistent with the goals and objectives of the St. Croix County Development
Management Plan 2000 -2020 aimed at protecting slopes and controlling erosion
and sedimentation from development, identifying and protecting environmental
corridors, and guiding development to locations and conditions that minimize
adverse impacts to natural resources.
8. With the conditions listed in Finding #7 above, this request will not violate the
spirit or intent of the St. Croix County Zoning Ordinance and will meet all
applicable requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance.
9. The proposed dwelling will be located over 96 feet from the OHWM of the
closest pond, which is over the required 75 -foot setback.
Item #2 (Variance)
The Board makes the following Findings of Fact and Conclusions of Law pertinent to
the applicant's variance request for filling and grading on slopes exceeding 25 percent
in the Shoreland District (Item #2):
10. The applicants filed an application with the Board of Adjustment for a variance
for land disturbance affecting slopes of 25 percent or greater in the Shoreland
District of two ponds pursuant to Section 17.29(2)(e) of the St. Croix County
Zoning Ordinance. Approximately 14,000 square feet within the total 43,090 -
square foot project grading limits is comprised of slopes of approximately 25 - 30
percent, which will need to be disturbed to install the driveway and force main
connection to the septic system.
11. The primary public purposes of the slope restrictions in the Shoreland District are
to further the maintenance of safe and healthful conditions through limiting
6
development to those areas where soil conditions and geologic conditions will
provide a safe foundation and to prevent and control water pollution. The
applicants have submitted storm water management and erosion control plans
designed to protect the steep slopes and minimize erosion and sedimentation.
12. Literal enforcement of the provisions of the Ordinance would create an
unnecessary hardship due to the unique physical characteristics of the property.
The applicant's lot is a legally created lot located near the end of a cul -de -sac
with —200 feet of frontage along Highlander Trail. There is a ridge bisecting the
lot where slopes are steep, ranging from —25 percent to —30 percent, and there is
no way to access the building site without crossing them. These slopes are
physical characteristics that were not self - created by any actions of the property
owners. Denying this variance would deprive the applicants' use of their lot for a
single - family dwelling.
13. The applicants are requesting minimal relief from the standards in the Ordinance.
The driveway will be located in the middle of the lot and has been designed to
disturb the least amount of land as possible while still providing safe access to the
lot from the road right -of -way.
14. Substantial justice would be done by allowing the applicant to use the property
for a single - family dwelling, which is a permitted use in the Shoreland District
With the following conditions:
1. This special exception permit and variance allows the applicants to disturb an
area not to exceed 43,090 square feet on slopes ranging from less than 12 to over
25 percent in the Shoreland District of an unnamed pond to construct a single -
family dwelling and to install a driveway and sanitary system in accordance with
the plans submitted, and as provided in the conditions below. Approval for this
special exception permit does not include any additional grading and filling, tree
removal, structures, uses, or other development activities.
2. The Town of Hudson and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By -Laws.
3. Prior to commencing construction, the applicants shall secure a building permit
from the Town of Hudson and obtain any other required local, state, or federal
permits and approvals, including but not limited to a County sanitary permit and
any necessary permits from the Wisconsin Department of Commerce.
4. Prior to commencing construction, the applicants shall submit to the Zoning
Administrator a surety in the form of a cash compliance deposit in an amount of
$1,100 to be held by the Planning and Zoning Department until the project has
7
been completed and approved to be in compliance with the conditions of this
permit and all applicable provisions of the Ordinance, at which time the deposit
will be refunded in full.
5. Prior to commencing construction, the applicants shall install erosion control
measures in accordance with the approved plans. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
The applicants shall maintain reinforced silt fence around the construction site
until self - sustaining, permanent groundcover is successfully established on all
disturbed areas of the site. Phosphorous fertilizers shall not be used to establish
and maintain a lawn on the disturbed area of the site, unless a soil test confirms
that phosphorous is needed.
6. Prior to commencing construction, the applicants shall install fencing or another
suitable barrier around the grading limits that are not already surrounded by silt
fence to protect trees from damage during construction.
7. Prior to commencing construction, the applicants shall schedule an on -site pre -
construction meeting that includes the property owners, builder, excavator, and
St. Croix County Planning and Zoning and Land and Water Conservation
Department staff members. Items to be discussed include but are not limited to
coordinating installation of erosion control and tree protection measures,
construction timelines, compliance with all other pre - construction conditions, and
roles and responsibilities of all parties.
8. Within 30 days of this decision, the applicants shall submit to and have approved
by the Zoning Administrator a vegetation plan to replace the native trees to be
removed from the site to the maximum extent practical. The plan shall show the
location, species, and size of replacement trees. The replacement trees shall be
planted in appropriate locations around the perimeter of the building site and
driveway at the same density and consisting of the same species as the trees
removed. Replacement trees must have a minimum width of 2 inches DBH. The
plan must also include an understory of smaller native trees and shrubs and native
ground cover in order to restore sensitive wildlife habitat within the primary
environmental corridor and Shoreland District, and to stabilize and protect steep
slopes to prevent long -term erosion and sedimentation problems. The plan shall
also include a timeline for planting, as well as a maintenance and operation
agreement for the long -term care of the replacement vegetation, and long -term
maintenance and enhancement of the existing native trees, shrubs, and ground
cover along the steep slopes and southern border of the property to meet the
wildlife habitat objectives above, screen the proposed dwelling from the
adjoining public land to the south, and filter storm water runoff from the site.
9. Within 30 days of substantially completing construction, the applicants shall
record an affidavit referencing this decision, the storm water management plan,
an operation and maintenance agreement for the storm water features, and the
8
vegetation management agreement against the property, and provide a recorded
copy of the affidavit and all referenced documents to the Zoning Administrator at
this time. The intent is to make present and future owners aware of the
responsibilities and limitations associated with this decision.
10. Within 30 days of substantially completing construction, the applicants shall
submit to the Zoning Administrator photos of the site, and certification from the
project engineer or registered landscape architect that the project has been
completed as approved.
11. Any minor change or addition to the project, including but not limited to design
of the project, shall require review and approval by the Zoning Administrator
prior to making the change or addition. Any major change or addition to the
originally approved plan will have to go through the special exception approval
process.
12. The applicants shall have one (1) year from the date of this approval to
commence construction on the project and two (2) years from the date of this
approval to complete it. Failure to do so shall result in expiration of the special
exception permit. If the special exception permit expires before construction
commences, the applicants will be required to secure a new special exception
permit before starting. The applicants may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
Motion carried unanimously.
Application #2: Donald & Edie Anderson — After - the -Fact Special Exception
Motion by Peterson, second by Nelson to approve the after - the -fact special exception for
filling and grading in the Shoreland District based on the following findings of fact and
conclusions of law:
1. The applicants are Donald and Edie Anderson, property owners.
2. The site is located in the NW '/ of the SE '/, Section 29, T29N, RI 8W, Town of
Warren, St. Croix County, Wisconsin.
3. The applicants filed an application with the St. Croix County Board of
Adjustment for an after- the -fact special exception permit for filling and grading
an area exceeding 10,000 square feet in the Shoreland District of Twin Lakes
pursuant to Section 17.29(2)(d) of the St. Croix County Zoning Ordinance.
Specifically, the applicants propose to restore a total area of approximately
45,000 square feet that was disturbed in 2006 to install a driveway to an adjacent
parcel to the west. Approximately 13,000 square feet of the disturbed area is
within a 66 -foot private road easement on the adjacent property to the south. The
9
applicants have been unable to obtain town approval for the driveway or for a
proposed lot that would have taken access from it. As a result, they have decided
to remove the driveway and return the topography and drainage of the site to the
pre -2006 conditions, which featured slopes of no more than 12 percent. The
applicants propose to install additional erosion and sediment control measures
before conducting any further excavating, and intend to plant the restored area
with native vegetation. As part of the project, the applicants also propose to
replace a culvert at the base of their driveway and within the easement area to
address existing erosion issues.
4. Staff offers no opinion on whether or not the applicants have the right to conduct
filling and grading activities in the easement area. This is a civil matter to be
sorted out between the applicants and the adjacent property owner to the south.
5. The site is located in the Ag Residential District and within the Shoreland
Overlay District of Twin Lakes, and is within a primary environmental corridor
as identified by the St. Croix County Development Management Plan 2000 -2020.
The proposed restoration project will improve the current situation and address
erosion and sediment problems that were created when the site was first disturbed
in 2006. With conditions for implementing and maintaining proper erosion and
sediment control measures before, during and after construction; limiting the use
of phosphorous fertilizers; restoring native vegetation to the site; and requiring all
work to be completed within one year with no extensions, this request will be
consistent with the goals and objectives of the St. Croix County Development
Management Plan 2000 -2020 aimed at protecting slopes and controlling erosion
and sedimentation from development, identifying and protecting environmental
corridors, and guiding development to locations and conditions that minimize
adverse impacts to natural resources.
6. With the conditions listed in Finding #5 above, this request will not violate the
spirit or intent of the St. Croix County Zoning Ordinance and will meet the
requirements in Sections 17.70(7)(a) and 17.70(b) of the Ordinance regarding
potential negative impacts to the water quality of Twin Lakes.
7. The Town of Warren Town Board has been sent a copy of the application. The
Town Clerk has notified staff that the matter has been placed on the upcoming
Town Board meeting agenda.
8. The St. Croix County Land and Water Conservation Department has reviewed
the application and visited the site, and supports restoring the disturbed, un-
vegetated, unstable, and environmentally sensitive slopes. The Department finds
the proposed erosion control to be adequate for the site, and recommends using a
native seed mix to restore the site. The Department has given the applicants
contact information for Pheasants Forever as a potential seed source.
10
9. The Wisconsin Department of Natural Resources staff have reviewed the
application and verified that the project may require a Chapter 30 grading permit
depending on the distance of the project from the OHWM of Twin Lakes, and
that a NR 216 storm water permit has already been issued to the applicants for
disturbing more than one acre.
With the following conditions:
1. This after - the -fact special exception permit allows the applicants to disturb an
area not to exceed 45,000 square feet on their property in the Shoreland District
of Twin Lakes to restore a previously disturbed area in accordance with the plans
submitted, and as provided in the conditions below. Approval for this special
exception permit does not include any additional grading and filling, tree
removal, structures, uses, or other development activities.
2. The Town of Warren and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By -Laws.
3. Prior to commencing construction, the applicants shall secure any other required
local, state, or federal permits and approvals.
4. Prior to commencing the restoration project, the applicants shall submit to the
Zoning Administrator a surety in the form of a compliance deposit in good funds
in an amount of $1,100 to be held by the Planning and Zoning Department until
the project has been completed and approved to be in compliance with the
conditions of this permit and all applicable provisions of the Ordinance, at which
time the deposit will be refunded in full.
5. Prior to commencing the restoration project, the applicants shall install erosion
control measures in accordance with the approved plans. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
The applicants shall maintain silt fence around the construction site until self -
sustaining, permanent groundcover is successfully established on all disturbed
areas of the site. Phosphorous fertilizers shall not be used to establish and
maintain a lawn on the disturbed area of the site, unless a soil test confirms that
phosphorous is needed.
6. Prior to commencing the restoration project, the applicants shall install
construction fencing or another suitable barrier around the grading limits that are
not already surrounded by silt fence to protect existing trees from damage during
excavating.
7. Prior to commencing the restoration project, the applicants shall schedule an on-
11
site pre - construction meeting that includes the property owners, excavator, and
staff from the St. Croix County Planning and Zoning Department and Land and
Water Conservation Department. Items to be discussed include but are not
limited to inspecting the installation of erosion control and tree protection
measures, construction timelines, compliance with all other pre - construction
conditions, and roles and responsibilities of all parties.
8. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a vegetation management plan featuring native
vegetation and identifying the species and densities of plant species to be planted
on all disturbed areas, as well as a long -term maintenance agreement to ensure
that all vegetation establishes successfully and is managed property to protect
sensitive wildlife habitat within the primary environmental corridor and
Shoreland District, filter storm water runoff from the site, and stabilize and
protect the restored slopes to prevent any future erosion and sedimentation
problems.
9. Within 30 days of substantially completing the restoration project, the applicants
shall record an affidavit referencing this decision and the long -term vegetation
maintenance agreement against the property, and provide a recorded copy of the
affidavit and all referenced documents to the Zoning Administrator at this time.
The intent is to make present and future owners aware of the responsibilities and
limitations associated with this decision.
10. Within 30 days of substantially completing the restoration project, the applicants
shall submit to the Zoning Administrator photos of the site, and certification from
the project engineer that the project has been completed as approved.
11. Any minor change or addition to the project, including but not limited to design
of the project, shall require prior review and approval by the Zoning
Administrator. Any major change or addition to the originally approved plan will
have to go through the special exception approval process.
12. The applicants shall have six (6) months from the date of this approval to
commence the restoration project and one (1) year from the date of this approval
to complete it. Failure to do so shall result in expiration of the special exception
permit. If the special exception permit expires before the project commences, the
applicants will be required to secure a new special exception permit before
starting.
13. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and/or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without notice to the applicants and an opportunity for a
hearing.
12
14. Accepting this decision means that the applicants have read, understand, and
agree to all conditions of this decision.
Motion carried unanimously.
_Application #1: Steve & Judy Guise — After - the -Fact Special Exception
Motion by Hurtgen, second by McAllister to approve the after -the -fact special exception
request to continue operating a propane equipment storage and transfer facility in the
Commercial District based on the following findings of fact and conclusions of law:
1. The applicants are Steve and Judy Guise, property owners and owners of Ultra
Energy, Inc.
2. The site is located at 1785 US Highway 12 in the NE '/ of the NE % of Section 21,
T29N, R17W, Town of Hammond, St. Croix County, Wisconsin.
3. The applicants filed with the Board of Adjustment an application for an after -the-
fact special exception permit to continue operating a propane equipment storage
and transfer facility in the Commercial District pursuant to Section 17.18(1) of the
St. Croix County Zoning Ordinance. Specifically, the applicants propose to store
propane in two 30,000 gallon propane tanks and to construct a 2,500- square foot
storage shed to be used for storing propane related fittings, copper tubing,
equipment for installing residential propane systems, and company vehicles. All
vehicles and equipment will be stored in the shed when not in use, with the
exception of propane bobtails that must be parked outside but will be secured with
fencing. Additionally, up to 30 empty 500- gallon residential tanks will also be
stored outside on the site. These tanks will be filled on the site and delivered to
customer locations.
4. The proposed propane facility will be located on a 2.42 -acre lot that was recently
rezoned from Ag Residential to Commercial in 2008. The lot had previously been
used as an anhydrous ammonia storage and transfer site that served agricultural
operations in the area for nearly 30 years. In 1993, the Town of Hammond identified
the site for future commercial use in its Land Use Map, and in October 2003, the
Town of Hammond Town Board gave the previous property owner, Eric Larson,
permission to store liquid propane in a 30,000 - gallon tank, which still exists on the
site. The St. Croix County Planning and Zoning Department has no record of any
complaints or problems on the site during this time.
5. This proposed propane facility would not violate the spirit and intent of the St. Croix
County Zoning Ordinance in that it is a reasonable and appropriate use in the
Commercial District, which the property is currently zoned. The location of this
property is acceptable for the proposed use due to the fact that it is located on US
13
Highway 12 and will provide propane to the rapidly growing Hammond area. The
proposed facility will provide a service for agricultural operations and residential
development in the Hammond area.
6. The proposed propane facility will meet several goals and objectives of the St. Croix
County Development Management Plan by diversifying the economy and providing
employment opportunities.
7. According to the applicants, the existing storage and transfer facility already
complies with all state and federal safety standards and will be brought up to the new
NFPA #58 safety standards this summer. Traffic will be minimal and largely
seasonal, with no customers reporting to the site and currently only one employee
reporting to the site. Up to 5 -7 trips will be generated per day for propane transports
to the site and deliveries to customers during the winter months, less during the
summer months. Additional employees will be hired as needed in the future, which
will increase the traffic estimates. With conditions requiring the implementation of
storm water management and erosion control measures to ensure that runoff is
infiltrated on the site and does not drain onto adjacent property; filling and storing all
filled tanks on a properly contained and impervious surface; paving all main driving
and parking surfaces; and providing landscaping that substantially screens all outside
storage and parking areas from the adjacent residential development to the east;
granting this request would not be contrary to the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for nearby
residences.
8. According to the applicants, the proposed propane facility will have no odor and it
will be a relatively quiet operation. Lighting will be installed around the tanks for
security purposes. With conditions for limiting the hours of operation, shielding light
sources, and limiting noise from the site, this request would not constitute a nuisance
by reason of noise, dust, smoke, odor or other similar factors.
9. With the conditions listed in Findings #7 and #8 above and an additional condition
providing the Town of Hammond an opportunity to request a reconsideration of the
Board's decision since the Town Board has not submitted a formal recommendation
on this application (see Finding #12 below), the standards would be met to grant the
special exception permit for the proposed transfer facility pursuant to Section
17.18(1)(a -f) of the St. Croix County Zoning Ordinance.
10. The applicants currently have sufficient area for off - street employee parking and
equipment storage on the site. With the conditions in Findings #7 and #8 above and
an additional condition to provide more off - street as deemed necessary by the
Zoning Administrator for a growing number of employees and/or increased storage
needs, the proposed propane transfer facility would comply with the parking
requirements in Section 17.57 of the St. Croix County Zoning Ordinance.
14
11. It is currently unknown whether or not the proposed storage shed would meet the
required road setback from US Highway 12 pursuant to Section 17.60 6.a. of the St.
Croix County Zoning Ordinance.
12. The Town Board has been sent a copy of the special exception application but has
not submitted a recommendation for the Board's consideration. In 1993, the Town
of Hammond identified the site for future commercial use in its Land Use Map. In
2003, the Town of Hammond Town Board gave the previous property owner, Eric
Larson, permission to store liquid propane in a 30,000 - gallon tank, which still exists
on the site. In 2007, the Town Board approved the applicants' request to rezone the
site from Ag Residential to Commercial to support the proposed propane facility.
13. The St. Croix County Land and Water Conservation Department has reviewed the
application and visited the site, and observed fairly substantial drainage from the
east that drains across the applicants' property to the west. The Department also
reviewed additional storm water and erosion control plans submitted by the
applicant, which it finds to be adequate provided the proposed rock infiltration bed
is a minimum depth of six inches. The Department finds that the proposed
waterway is also adequate for the associated watershed, but recommends that
additional storm water management measures be installed if impervious coverage is
going to be added to the site. It further recommends that the storm water plan be
designed to infiltrate 1.5 inches of runoff from all newly created impervious
coverage on the site and that silt fence remain until all vegetation re- establishes on
the site.
14. The Wisconsin Department of Transportation has reviewed the application and has
no comment concerning the use of the property. The department has verified that
the only public road access is from US Highway 12 and that the access has already
been permitted.
15. The St. Croix County Emergency Management Office has informed the Board of
Adjustment that the applicant will be responsible for reporting to the state and
county the amount of propane stored on the site currently and in previous years per
the requirements of the Emergency Planning and Community Right to Know Act
(EPCRA).
16. At the hearing on May 29, 2008, a neighboring property owner testified that she
questioned some of the information presented by the applicant and expressed that
her main concern was traffic safety along US Highway 12.
17. On the site visit conducted on May 29, 2008, the Board members observed that
visibility was a safety concern along US Highway 12 and that any screening should
be as far back from the right -of -way as practical.
With the following conditions:
15
1. This after - the -fact special exception permit allows Steve and Judy Guise, Ultra
Energy, Inc., to operate a propane equipment storage and transfer facility in the
Commercial District as indicated in the plans submitted and as provided in the
conditions below. Approval for this special exception permit does not include any
additional grading and filling, structures, impervious coverage, or uses.
2. The Town of Hammond and any other aggrieved party may request a
reconsideration of this decision 15 days prior to the next regularly scheduled
Board of Adjustment meeting in accordance with the St. Croix County Board of
Adjustment Rules and By -Laws.
3. Prior to commencing construction of the building, the applicants shall secure all
necessary local, state, and federal permits and approvals, including but not
limited to a town building permit and meeting the recording requirements of the
County and State Emergency Management Offices.
4. Within 30 days of this approval, the applicants shall submit to the Zoning
Administrator a cash compliance deposit in the amount of $1,100 to be held by
the Zoning Administrator until the storm water measures, landscaping, and
paving have been completed and approved to be in compliance with the
conditions of this permit and all applicable provisions of the Ordinance, at which
time the deposit will be refunded in full (see Condition #7 below).
5. Within 30 days of this approval, the applicants shall submit to and have approved
by the Zoning Administrator a revised site plan showing:
• the location of the proposed storage shed, which must be no closer than 50
feet from the right -of -way of US Highway 12. The approved storage shed
shall be constructed within one year of this approval.
• a paved entrance with minimum width of 24 feet and minimum turn radius
necessary to accommodate the size of vehicles using the site, a paved
employee parking lot, and a paved and properly contained fueling and loading
area. All areas designated for employee parking, work vehicle parking,
fueling and loading, and the storage of filled tanks shall be paved and marked
appropriately. The driveway entrance, work vehicle parking and fueling and
loading areas shall be paved with concrete no later than August 31, 2008. All
remaining driving and employee parking areas shall be paved no later than
May 31, 2009. The applicants shall be responsible for maintaining sufficient
paved, off - street parking on the site throughout the duration of the operation,
and may be required to provide additional off - street parking as deemed
necessary by the Zoning Administrator.
• the location and depth of the proposed rock infiltration bed, as well as
additional storm water management measures designed to infiltrate 1.5 inches
of runoff from all newly created impervious coverage on the site. All storm
water management measures shall be installed and completed no later than
August 31, 2008.
16
• erosion control measures for all proposed filling and grading and site
improvements. The erosion control measures shall be installed around the
perimeter of the construction site prior to beginning any excavating or
construction, and shall be maintained until permanent vegetation is
successfully established. During construction, the smallest amount of bare
ground shall be exposed for as short a time as possible, and temporary ground
cover such as mulch shall be used. Upon completion of construction, the site
shall be restored with permanent groundcover as soon as practicable. The
applicant shall not use phosphorous fertilizers to establish and maintain
vegetation on the disturbed areas of the site, unless a soil test confirms that
phosphorous is needed.
• a vegetative buffer at least 10 feet in width to screen the propane facility and
all outdoor storage and parking facilities from US Highway 12 and adjacent
residential properties. The buffer shall be located as far away from the right -
of -way of US Highway 12 as practical so as not to impede visibility. The
buffer shall include native evergreens and/or a berm that, combined, is at least
six feet in height at the time of planting and shall attain at least 80% opacity
at maturity. The plan should include the species, size, and location of all
evergreens to be planted on the site, as well as a timeline for the plantings and
a maintenance agreement to ensure that all vegetation establishes successfully
and is maintained. The applicant shall be responsible for ensuring that the
facility and all outdoor storage and parking areas are fully screened from the
highway and adjacent residential properties at all times. The applicant may be
required to provide additional landscaped buffers along the other property
lines if deemed necessary by the Zoning Administrator. All approved
vegetation shall be planted no later than August 31, 2008.
6. The proposed storage shed shall be earth tone in color.
7. Within 30 days of substantially completing construction of the entire project, the
applicants shall submit to the Zoning Administrator photos and an as -built
drawing of the completed storage shed, storm water measures, paved parking and
fueling surfaces, and landscaping to ensure that everything has been constructed
and installed as approved.
8. No signage, including but not limited to decals with the company logo and
contact information on the propane storage tanks - is approved as part of this
permit. All signage on the site must adhere to the standards and permit
requirements in the St. Croix County Sign Ordinance.
9. All new lights must be downward directed and shielded away from adjacent
properties to prevent glare. Any lights on the storage shed shall be at a height not
to exceed the lowest eaves.
10. General hours of operation for loading propane bobtails shall not extend beyond
7:00 AM — 5:00 PM M -F; however, semi trucks delivering propane to the site
17
may arrive at earlier or later times.
11. The building and property shall be maintained in a neat and orderly manner.
12. All fueling, loading, and vehicle maintenance that is done on -site must be done
on an impervious and properly contained surface.
13. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date (May 2010) for compliance
with the conditions of this approval. These conditions may be amended or
additional conditions may be added if unanticipated circumstances arise that
would affect the health, safety, or general welfare of citizens or degrade the
natural resources of St. Croix County. Conditions will not be amended or added
without notice to the applicant and an opportunity for a hearing.
14. Any change in ownership or use of the property, structures, and /or business; or
change or addition to the property, building, or facilities; or changes to the
current project details — including but not limited to future expansion, increased
traffic generated from the site, parking, landscaping, or lot/access changes — shall
require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance.
15. The applicants shall complete the work required in all conditions within the
timeframes listed. Failure to do so may result in the expiration or revocation of
the special exception permit. If the special exception permit expires or is revoked,
the applicant will be required to secure a new special exception permit. Prior to
expiration and/or revocation, the applicants may request extensions of up to six
months from the Zoning Administrator, for a total time not to exceed one year.
16. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
The Board recessed at 2:45 p.m.
The Board reconvened at 2:50 p.m.
Unfmished Business: Tabletop Properties Special Exception Amendment
Motion by Malick, second by Nelson to approve the after - the -fact special exception for
an existing indoor motor sports facility approved by the Board of Adjustment on May 25,
2006 in order to operate a permanent campground in the Commercial District based on
the following findings of fact and conclusions of law:
1. The applicants are Tabletop Properties, LLC, property owners.
18
2. The site is located off of Old Mill Road in the SW % of the NW '/ and the SE '/ of
the NW % of Section 10, T3 IN, R18W, Town of Star Prairie, St. Croix County,
Wisconsin.
3. The St. Croix County Board of Adjustment (Board) approved the original special
exception permit for the existing indoor motorsports facility, The Sandbox Arena,
on May 25, 2006. Condition #21 of the Board's decision states that permanent
and/or event camping or any person (except security or staff) staying overnight on
the site shall require separate special exception approval by the Board.
4. The applicants filed with the Board of Adjustment an application for an after -the-
fact amendment to the special exception permit approved by the Board on May 25,
2006 in order to operate 86 permanent, individual campsites in the Commercial
District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance.
Cedar Lake Speedway owns the adjoining property to the west, north, and east, and
installed a total of 185 campsites in 2007. Of these campsites, 76 are located on the
applicants' 19.62 -acre parcel and the remaining sites and the access roads to them
are located wholly or partially on Cedar Lake Speedway's adjoining parcel to the
east. Cedar Lake Speedway and The Sandbox Arena intend to share the
campground for special events at both facilities, while also providing overnight
camping for regular riders. The two facilities currently share other infrastructure,
including an existing gravel driveway off of Old Mill Road, a paved parking lot,
and four storm water ponds.
5. The applicants have complied with all conditions of their 2006 special exception
permit except for the following:
• Condition #5 required that the applicants install silt fence around the perimeter
of the construction site, and that the smallest amount of bare ground shall be
exposed for as short a time as possible and temporary ground cover such as
mulch shall be used during construction. It also required the site to be restored
with permanent groundcover upon completion of construction. The silt fencing
has not been maintained, temporary ground cover has not been used during
construction, and permanent groundcover has not been established on all
disturbed areas. As a result, severe erosion has occurred on the site and the storm
water ponds and wetland have filled with sediments. After the Board of
Adjustment tabled the applicants' amendment request on April 24, 2008, the
applicants made progress in addressing many of the severe erosion problems and
removing sediments deposited in the wetland, but still have to remove sediments
deposited in the storm water ponds and finish final grading and vegetation
establishment.
• Condition #9 required that within 30 days of substantially completing
construction, the applicants shall submit to the Zoning Administrator photos and
an as -built drawing of the completed building, paved and unpaved parking
surfaces, storm water management measures, signs, lights, and landscaping to
ensure that everything has been constructed and installed as approved. The
photos and as -built drawing have not yet been submitted.
19
• Condition #10 required the applicants to submit an emergency evacuation and
severe weather plan, have a dispatch control center for all emergency contacts,
both as call out and incoming calls, and have a minimum of one sheriff deputy
p er race or p p J
per 1000 occupants. After the Board of Adjustment tabled the
applicants' amendment request on April 24, 2008, the applicants submitted an
emergency evacuation and severe weather plan, but have not submitted
documentation that there has been a dispatch control center for all emergency
contacts, both as call out and incoming calls, and one sheriff deputy on duty per
race or per 1000 occupants.
• Condition #11 required the applicant to provide overflow parking for an
additional 143 vehicles and trailers. The campsite now occupies the area
designated for overflow parking. After the Board of Adjustment tabled the
applicants' amendment request on April 24, 2008, the applicants submitted a
narrative explaining that overflow parking would be directed to Cedar Lake
Speedway's existing parking facilities on the adjacent parcel to the west. The
applicants have not provided a site plan showing the location of the designated
overflow parking area and the layout and total number of parking stalls. The
narrative also did not address Cedar Lake Speedway's overflow parking needs.
• Condition #15 required noise control to be at or below 50 dbA as measured at all
exterior lot lines. Upon receiving noise complaints from property owners in Fall
2007, staff from the St. Croix County Planning and Zoning Department and St.
Croix County Department of Public Health investigated the matter and found the
decibel levels to be at 60 dbA as measured along the north property line. The
noise was coming from the exhaust fans on the building. After the Board of
Adjustment tabled the applicants' amendment request on April 24, 2008, the
applicants submitted a proposal to install metal, sound absorbing fittings over the
exhaust fans to reduce the discharge noise in the range of 30 dbA or more.
• Condition #21 required Board of Adjustment approval prior to any future
camping on the site. Campsites were installed in 2007 and the applicants are now
requesting after - the -fact approval for them.
6. With new conditions requiring the applicants to comply with all outstanding
conditions prior to allowing any camping on the site, the existing facilities will be
brought into compliance with the terms of the May 25, 2006, special exception
permit and the requirements of the St. Croix County Zoning Ordinance.
7. This request would not violate the spirit and intent of the St. Croix County Zoning
Ordinance in that the existing indoor motorsports facility is a reasonable and
appropriate use in the Commercial District, which the property is currently zoned.
The location of this property adjacent to Cedar Lake Speedway, a legal
nonconforming use that has existed at its present location for many decades, allows
for the sharing of infrastructure and the scheduling of complementary events. Cedar
Lake Speedway and The Sandbox Arena are regional destinations for racing and
motocross enthusiasts. The proposed campsites are accessory to the principal
motorsports uses and will help to support the events held by these two facilities by
providing on -site accommodations for patrons and riders.
20
8. With conditions for permanently stabilizing the site and addressing all erosion and
sedimentation problems; properly maintaining the storm water management
measures in accordance with stringent environmental standards; providing
additional landscaping to screen the campground from adjacent residences and
buffer noise from the campground; submitting a sanitation and refuse plan for the
campground; and posting an emergency contact number in a conspicuous location
for public review; granting this request would not be contrary to the health, safety,
or welfare of the public, nor would it be substantially adverse to property values for
nearby residences.
9. With conditions for providing additional security guards and/or staff for the
campground throughout the duration of all scheduled events to control noise and
disturbance; posting incidental signs displaying policies on fireworks and other loud
noises /disturbances; shielding all light sources so as not to produce glare onto
adjacent residential properties; requiring trash crews to clean up garbage and refuse
on a daily basis; and planting additional trees and shrubs to screen and buffer the
campground and any associated parking areas, this request would not constitute a
nuisance by reason of noise, dust, smoke, odor or other similar factors.
10. With the conditions listed in Findings #7 -9 above, the standards would be met to
grant the special exception amendment for the campground pursuant to Section
17.18(1)(a -f) of the St. Croix County Zoning Ordinance.
11. With conditions for providing sufficient off - street overflow parking for all special
events, this request will meet the parking standards pursuant to Section 17.57 of the
St. Croix County Zoning Ordinance.
12. The proposed campsites meet the required road setback from Old Mill Road
pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
13. The Town of Star Prairie Town Board Chair testified at the hearing on April 24,
2008 that the Town Board supports the applicants' request. The Town Chair also
testified that the Town is in the process of enacting a Campground Ordinance and
that the proposed campground would meet the requirements of that Ordinance.
14. The St. Croix County Land and Water Conservation Department has reviewed the
storm water management and erosion control plans and finds them to be adequate
for the site; however, the implementation of the plans has been greatly lacking,
resulting in excessive erosion on the site and huge amounts of sediment reaching an
adjacent navigable wetland. Department staff visited the site on May 22, 2008 and
verified that all of the gullies have been repaired and most of the sediments have
been removed from the wetland, but there is still sediment in the storm water ponds
that needs to be removed. Department staff also verified that the applicants have
placed erosion mat in the worst areas and are also spreading mulch, but some
grading, seeding, and mulching still needs to take place. The Department
21
recommends that the applicants repair the silt fences and stabilize the site, which
will likely require additional topsoil to be brought to the site, and also recommends
that the applicants supply an as-built design of the storm water ponds once all
sediments have been removed and the site has been fully stabilized. At the hearing
on May 29, 2008, the applicant offered to submit frequent status reports updating
staff on the progress made to address these concerns.
15. The St. Croix County Highway Department has reviewed the application and
verified that improvements have been made to County Highway CC and Old Mill
Road to handle the high percentage of trailer, camper, and RV traffic generated by
the existing racetrack and indoor motorcross facility. The Department has no further
concerns, but states that the Town's input will be important.
16. The St. Croix County Department of Public Health has been working with the
applicants to ensure compliance with the permit requirements in Wisconsin Statute
Chapter HFS 178, and has informed staff that the applicants have applied for a
"Regular Campground License ". The Department is awaiting additional information
on the campsites that lie on Cedar Lake Speedway's property and on provisions for
water, sanitary facilities, and trash before approving it, and has expressed concerns
about the campsites that are located on top of the property line and recommends that
sites be located on one side or the other. The Department has also been working
with the applicants and County code enforcement staff on complaints regarding
noise from the exhaust fans and CO2 emissions, and has suggested that a vegetative
buffer or a 5 -foot sound wall might help to reduce noise from the exhaust fans while
not restricting airflow for the emissions.
17. The Wisconsin Department of Natural Resources has reviewed the application and
has been working with County staff to resolve the erosion and sedimentation
problems on the site as required by the applicants' Chapter 30 permit. The
Department has informed staff that no additional Chapter 30 permits would be
required to add a campground, but that its staff will continue meeting with the
applicants and County code enforcement staff regarding lack of compliance for
erosion control and subsequent wetland fill.
With the following conditions:
1. This special exception amendment is for Tabletop Properties, LLC to operate up to
76 permanent campsites, a bathhouse, and a sanitary station on their 19.26 -acre lot
in the Commercial District as indicated in the plans and as provided in the
conditions below. This approval does not include any campsites, access roads, or
activities that are located either partially or wholly on the adjoining parcel to the
east, which is currently owned by Derivative Developments (Cedar Lake
Speedway). This approval does not include any additional grading and filling
activities (except to install required sanitary facilities and water lines and to
remedy existing erosion and sedimentation problems), group campsites,
22
permanent or temporary structures (except portable toilets), additional
impervious coverage, or other improvements or uses.
2. The applicants shall be responsible for complying with all other conditions of
their May 25, 2006 special exception permit, unless specified otherwise in the
conditions below. Starting on June 13, 2008, the applicant shall submit to the
Zoning Administrator bi- weekly status reports on the progress made to meet all
outstanding conditions.
3. Within 30 days of this approval, the applicants shall repair and where necessary
reinstall silt fence around the perimeter of the disturbed area and install erosion
matting or other suitable temporary groundcover and maintain it until permanent
groundcover is established. Prior to commencing use of any of the campsites by a
camping unit, the applicants shall fix all remaining erosion rills, finish grading,
and finish stabilizing all disturbed areas of the site with a minimum of 70 percent
of permanent self - sustaining vegetative cover. Within this timeframe, the
applicants shall also remove all sediments that have been deposited in the storm
water ponds and adjacent wetland and submit to the Zoning Administrator
certification from the project engineers that all storm water features are
functioning properly.
4. Within 15 days of this approval, the applicants shall permanently post an
emergency contact number in a conspicuous location for public review. The
emergency contact number can be used by people communicating in or out of the
site. The applicant shall also be responsible for having a minimum of one sheriff
deputy on site per event or one per each 500 occupants.
5. Prior to commencing use of any of the campsites by a camping unit (as defined
by Wisconsin Statute Chapter HFS 178), the applicants shall submit to and have
approved by the Zoning Administrator a revised overflow parking plan, including
a detailed site plan showing the location of all overflow parking areas and the
layout and total number of parking stalls. The plan shall address all anticipated
overflow parking needs from both The Sandbox Arena and Cedar Lake
Speedway. Storm water measures shall be modified as necessary to account for
any additional runoff from the proposed overflow parking area. The applicants
shall be responsible for maintaining adequate off - street parking for the indoor
motorcross facility and the campground throughout the duration of the operation.
6. Prior to use of the building exhaust fans for indoor motorsports events, the
applicants shall install a vegetative buffer and/or sound wall north of and adjacent
to the exhaust fans, and /or install metal, sound absorbing fittings over the exhaust
fans to reduce the discharge noise. Upon complaints of regularly occurring,
excessively loud noise at any time, the applicant shall work with the Zoning
Administrator to abate the noise problem. In the event that the matter cannot be
resolved administratively, the matter shall be taken before the Board of
Adjustment at a public hearing.
23
7. Prior to commencing use of any of the campsites by a camping unit, the applicant
shall secure all necessary local, state, and federal permits and approvals,
including but not limited to required licenses from the Wisconsin Department of
Health and Family Services /St. Croix County Public Health Department, sanitary
permit, and any other required permits, licenses, or approvals.
8. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall implement the landscaping plan approved in 2006 as part of the
original special exception permit application, and provide additional landscaping
as deemed necessary by the Zoning Administrator to fully screen adjacent
residential properties and buffer any noise from the campground.
9. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall construct the bathhouse and install the sanitary dump station and
portable toilets on the site as indicated in the plans. Within this timeframe the
applicants shall also submit to and have approved by the Zoning Administrator a
sanitation plan for the maintenance of the portable toilets and sanitary dump
station, and for daily garbage removal and recycling. The plans should include
the location of all garbage cans, recycling containers, and dumpsters, as well as
documentation of the sanitation services. The applicants shall be responsible for
keeping the premises clean and free of trash and debris at all times.
10. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall post incidental signs displaying policies regarding the prohibition
of fireworks and other loud noises /disturbances within the campground area. The
applicants shall be responsible for ensuring that these signs meet the
requirements of the St. Croix County Zoning Ordinance (see Condition #13
below).
11. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall submit to the Zoning Administrator a cash compliance deposit in
the amount of $1,100 to be held by the Planning and Zoning Department until the
project has been completed and approved to be in compliance with the conditions
of this permit and all applicable provisions of the Ordinance, at which time the
deposit will be refunded in full. The applicant shall submit to the Zoning
Administrator photographs of the site and an as-built drawing of all completed
buildings, paved and unpaved parking and driving surfaces, campsites, sanitation
measures, storm water management measures, signs, lights, and landscaping to
demonstrate that everything has been constructed and installed as approved.
12. The applicants shall be responsible for hiring additional security guards and /or
staff for the campground throughout the duration of all scheduled events to
control noise and disturbance.
24
13. Any future signage, including the incidental signage referenced in Condition #10
above, shall require prior review and approval by the Zoning Administrator in
accordance with the St. Croix County Zoning Ordinance.
14. The property and all buildings on it shall be maintained in a neat and orderly
manner throughout the year, with trash and debris cleaned daily and no outside
storage of any kind.
15. All lights for the campground must be downward directed and shielded away
from neighboring properties to prevent glare.
16. The applicant shall contact the Zoning Administrator to review compliance with
this special exception amendment within three months of this approval date (no
later than August 29, 2008), and every two years thereafter for compliance with
the conditions of this approval. These conditions may be amended or additional
conditions may be added to address complaints or if unanticipated circumstances
arise — including but not limited to noise and /or other disturbance, the condition
of the wetland, and adequacy of the parking - that would affect the health and/or
safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an
opportunity for a hearing.
17. Any change in ownership or use of the property, buildings, and/or business; or
change or addition to the property, building, or facilities; or changes to the
current project details — including but not limited to redesign of the campsites,
future expansion, signage, landscaping, or lot/access changes — shall require prior
review and approval by the Zoning Administrator and in some circumstances
through the special exception approval process as stated in the Ordinance.
18. The applicants shall have one (1) year from the date of this approval to
commence use of the campsites. Failure to do so shall result in expiration of the
special exception permit. If the special exception permit expires within this
timeframe, the applicant will be required to secure a new special exception
permit.
19. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
New Business
Staff gave a legal update on the following:
Murr Case: Court was set for a status conference on May 29, 2008. The Judge wanted to
get it completed within 2 -3 weeks.
25
7. Prior to commencing use of any of the campsites by a camping unit, the applicant
shall secure all necessary local, state, and federal permits and approvals,
including but not limited to required licenses from the Wisconsin Department of
Health and Family Services /St. Croix County Public Health Department, sanitary
permit, and any other required permits, licenses, or approvals.
8. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall implement the landscaping plan approved in 2006 as part of the
original special exception permit application, and provide additional landscaping
as deemed necessary by the Zoning Administrator to fully screen adjacent
residential properties and buffer any noise from the campground.
9. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall construct the bathhouse and install the sanitary dump station and
portable toilets on the site as indicated in the plans. Within this timeframe the
applicants shall also submit to and have approved by the Zoning Administrator a
sanitation plan for the maintenance of the portable toilets and sanitary dump
station, and for daily garbage removal and recycling. The plans should include
the location of all garbage cans, recycling containers, and dumpsters, as well as
documentation of the sanitation services. The applicants shall be responsible for
keeping the premises clean and free of trash and debris at all times.
10. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall post incidental signs displaying policies regarding the prohibition
of fireworks and other loud noises /disturbances within the campground area. The
applicants shall be responsible for ensuring that these signs meet the
requirements of the St. Croix County Zoning Ordinance (see Condition #13
below).
11. Prior to commencing use of any of the campsites by a camping unit, the
applicants shall submit to the Zoning Administrator a cash compliance deposit in
the amount of $1,100 to be held by the Planning and Zoning Department until the
project has been completed and approved to be in compliance with the conditions
of this permit and all applicable provisions of the Ordinance, at which time the
deposit will be refunded in full. The applicant shall submit to the Zoning
Administrator photographs of the site and an as-built drawing of all completed
buildings, paved and unpaved parking and driving surfaces, campsites, sanitation
measures, storm water management measures, signs, lights, and landscaping to
demonstrate that everything has been constructed and installed as approved.
12. The applicants shall be responsible for hiring additional security guards and /or
staff for the campground throughout the duration of all scheduled events to
control noise and disturbance.
24
13. Any future signage, including the incidental signage referenced in Condition #10
above, shall require prior review and approval by the Zoning Administrator in
accordance with the St. Croix County Zoning Ordinance.
14. The property and all buildings on it shall be maintained in a neat and orderly
manner throughout the year, with trash and debris cleaned daily and no outside
storage of any kind.
15. All lights for the campground must be downward directed and shielded away
from neighboring properties to prevent glare.
16. The applicant shall contact the Zoning Administrator to review compliance with
this special exception amendment within three months of this approval date (no
later than August 29, 2008), and every two years thereafter for compliance with
the conditions of this approval. These conditions may be amended or additional
conditions may be added to address complaints or if unanticipated circumstances
arise — including but not limited to noise and /or other disturbance, the condition
of the wetland, and adequacy of the parking - that would affect the health and/or
safety of citizens or degrade the natural resources of St. Croix County.
Conditions will not be amended or added without notice to the applicant and an
opportunity for a hearing.
17. Any change in ownership or use of the property, buildings, and/or business; or
change or addition to the property, building, or facilities; or changes to the
current project details — including but not limited to redesign of the campsites,
future expansion, signage, landscaping, or lot/access changes — shall require prior
review and approval by the Zoning Administrator and in some circumstances
through the special exception approval process as stated in the Ordinance.
18. The applicants shall have one (1) year from the date of this approval to
commence use of the campsites. Failure to do so shall result in expiration of the
special exception permit. If the special exception permit expires within this
timeframe, the applicant will be required to secure a new special exception
permit.
19. Accepting this decision means that the applicants and all property owners have
read, understand, and agree to all conditions of this decision.
Motion carried unanimously.
New Business
Staff gave a legal update on the following:
Murr Case: Court was set for a status conference on May 29, 2008. The Judge wanted to
get it completed within 2 -3 weeks.
25
Minutes
Motion by Malick, second by Hurtgen to approve the April 24, 2008 minutes as
amended.
Motion carried unanimously.
Chair Malick adjourned the meeting at 4:10 p.m.
Respectfully submitted,
Sue Nelson, Secretary Becky Eggen, Recordi cretary
26
permanent or temporary structures (except portable toilets), additional
impervious coverage, or other improvements or uses.
2. The applicants shall be responsible for complying with all other conditions of
their May 25, 2006 special exception permit, unless specified otherwise in the
conditions below. Starting on June 13, 2008, the applicant shall submit to the
Zoning Administrator bi- weekly status reports on the progress made to meet all
outstanding conditions.
3. Within 30 days of this approval, the applicants shall repair and where necessary
reinstall silt fence around the perimeter of the disturbed area and install erosion
matting or other suitable temporary groundcover and maintain it until permanent
groundcover is established. Prior to commencing use of any of the campsites by a
camping unit, the applicants shall fix all remaining erosion rills, finish grading,
and finish stabilizing all disturbed areas of the site with a minimum of 70 percent
of permanent self - sustaining vegetative cover. Within this timeframe, the
applicants shall also remove all sediments that have been deposited in the storm
water ponds and adjacent wetland and submit to the Zoning Administrator
certification from the project engineers that all storm water features are
functioning properly.
4. Within 15 days of this approval, the applicants shall permanently post an
emergency contact number in a conspicuous location for public review. The
emergency contact number can be used by people communicating in or out of the
site. The applicant shall also be responsible for having a minimum of one sheriff
deputy on site per event or one per each 500 occupants.
5. Prior to commencing use of any of the campsites by a camping unit (as defined
by Wisconsin Statute Chapter HFS 178), the applicants shall submit to and have
approved by the Zoning Administrator a revised overflow parking plan, including
a detailed site plan showing the location of all overflow parking areas and the
layout and total number of parking stalls. The plan shall address all anticipated
overflow parking needs from both The Sandbox Arena and Cedar Lake
Speedway. Storm water measures shall be modified as necessary to account for
any additional runoff from the proposed overflow parking area. The applicants
shall be responsible for maintaining adequate off - street parking for the indoor
motorcross facility and the campground throughout the duration of the operation.
6. Prior to use of the building exhaust fans for indoor motorsports events, the
applicants shall install a vegetative buffer and/or sound wall north of and adjacent
to the exhaust fans, and /or install metal, sound absorbing fittings over the exhaust
fans to reduce the discharge noise. Upon complaints of regularly occurring,
excessively loud noise at any time, the applicant shall work with the Zoning
Administrator to abate the noise problem. In the event that the matter cannot be
resolved administratively, the matter shall be taken before the Board of
Adjustment at a public hearing.
23