HomeMy WebLinkAbout008-1020-40-075 (2)ST. C;RO;IX
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November 16, 2021
John & Theresa Murtha
471 HWY 63
Baldwin, WI 54002
Community Development
Government Center
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
COPY
RE: Conditional Use Permit Decision .
Property located in the part of Sec. 7 T328, R16, Town of Eau Galle
Dear Mr. & Mrs. Murtha;
1.1
The St. Croix County Board of Adjustment has reviewed your request for the following
item:
1. Conditional Use Permit to allow the construction and operation of a Solid Waste
Processing and Transfer Facility and a Solid Waste Collection, Treatment, and
Disposal Business in the 1-1 Industrial District pursuant to Section 15.550 of the
St. Croix County Zoning Ordinance. File Reference CUP-2021-009.
After the hearing on October 28, 2021, the Board of Adjustment approved your
requests with conditions. Please see attached the final decision document. Feel free to
contact me with any questions or concerns.
Sincerely,
Mike Wozniak, AICP
Land Use Administrator
Enclosure: Formal Decision
EC: Town of Eau Galle; townofeauval�gmail.com
Zachary Fagan; zfaganPauthconsulting..com
Justin Murtha; murthaCo)baldwin-telecom.net
CC: File
Mike Wozniak, AICP
Mike.wozniak@sccwi.gov
(715) 381-4409
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File Number:
Applicant:
Agent:
Complete Application Received:
Hearing Notice Publication:
Hearing Date:
CUP-2021-009
John and Theresa Murtha
N/A
September 7, 2021
October 14 and 21, 2021
October 28, 2021
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use
requests:
1. The applicant(s) are John and Theresa Murtha, the property owners.
2. Murtha Sanitation, owned by John Murtha is operated from the site and Murtha Sanitation located
at 471 Hwy 63, provides solid waste and recycling services for the surrounding area.
3. The site is 5.95 acres and is zoned I-1 Industrial District.
4. The applicant(s) filed an application with the St. Croix County Board of Adjustment for a
Conditional Use Permit to construct and operate a Solid Waste Processing or Transferring Facility,
per Section 15.550 of the St. Croix County Zoning Ordinance and subsequently revised the
application on 10/21/2021 and 10/25/2021.
5. There will be 4 full time employees and one part time employee.
6. Hours of operation are from 5:00 AM to 10:00 PM Monday —Friday and 6:00 AM to 5:00 PM, on
Saturdays; open to the public weekdays until 5:00 AM - 10:00 PM and Saturdays 6:00 am — 1:00
pm.
7. Outdoor security lighting will be directed downward.
8. The Applicant will plant 17 evergreen trees, spaced 25 feet apart along the south and east
boundaries of the site and interspersed with prairie seed mix planting, WisDot Seed Mix #70. The
Applicant has identified 16 % Landscaped Area.
9. The Board of Adjustment shall only grant a conditional use subject to the provisions in Section
15.550 (6)(d), which is stated as follows:
a. No grant of a conditional use shall violate the spirit or general intent of this chapter. A
"Solid Waste Processing or Transferring Facility" and a "Solid Waste Collection,
Treatment, and Disposal Business" are uses that are allowed by Conditional Use approval
in the I -I Industrial District, and therefore do not violate the spirit and intent of the
Ordinance.
b. No conditional use shall be allowed which would be contrary to the public health, safety,
or general welfare or which would be substantially adverse to property values in the
neighborhood affected. Additional screening will include extension of the existing slatted
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6-foot-high fence and evergreen trees and other landscaping will be planted as noted on
the Site and Landscape Plan submitted on 10-26-2021 and dated 10-25-2021.
c. No use shall be permitted by conditional use that would constitute a nuisance by reason of
noise, dust, smoke, odor, or other similar factors. Transfer of Solid Waste and Recycling
Materials will be conducted inside the 13,600 Transfer Facility Building which will
mitigate nuisance factors.
d. The Board shall also apply standards set forth in other sections of the Ordinance, which
apply to particular classes of conditional use. There are no additional regulations specific
to Solid Waste Processing and Transfer Facilities or Solid Waste Collection, Treatment
and Disposal Operations.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved
the applicant's Conditional Use request, with the following conditions:
1. This Conditional Use Permit allows the construction and operation of a Solid Waste Processing
and Transfer Facility and a Solid Waste Collection, Treatment, and Disposal Business in the I-1
Industrial District pursuant to Section 15.550 of the St. Croix County Zoning Ordinance.
2. This Conditional Use Permit includes and replaces the Conditional Use Permit (formerly Special
Exception Permit) for a Roll -Off Business Approved by the Board of Adjustment on February 24,
2000.
3. The hours of operation are from 5:00 AM to 10:00 PM Monday — Friday and 6:00 AM to 5:00 PM,
on Saturdays; open to the public weekdays until 5:00 AM - 10:00 PM and Saturdays 6:00 am —
1:00 pm. If repeated citizen complaints are brought to the Zoning Administrator the Zoning
Administrator may refer this to the Board for reconsideration of the hours of operation.
4. The use may include consolidation of solid waste and recycling loads from Murtha Sanitation
Routes and other licensed solid waste transporters, residential and commercial customers into
transfer trailers to facilitate more economical hauling to a landfill or a materials recovering facility.
5. This Conditional Use Permit includes and replaces the Conditional Use Permit (formerly Special
Exception Permit) for a Roll -Off Business Approved by the Board of Adjustment on February 24,
2000.
6. Transfer operations shall take place within the proposed building.
7. The applicant shall be responsible for securing any necessary local, State, or Federal pennit(s),
licenses and approvals and maintaining any county, State or Federal licensing.
8. All effluents, fuels, oils, and solvents from vehicle maintenance operations, shall be stored and
disposed of according to applicable County and State standards.
9. Proposed site improvements must be constructed according plans and specifications submitted with
the Conditional Permit Application (2021-009) submitted on 9-7-2021 and subject to the revised
Plan Sheets C1.0, C2.0, C3.0, C4.0, C5.0 and C6.0-C6.2; submitted on and dated 10-21-2021 and
Subject to revised Existing Site & Demo Plan w/aerial (Sheet C2.1) and the revised Site &
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Landscape Plan submitted on 10-26-2021 and dated 10-25-2021. Pavement must be removed from
F1wy 63 right-of-way to the property line.
10. All outdoor lighting shall be downward directed and shielded to avoid glare onto neighboring
properties and to the road.
11. Per the 2-24-2000 CUP, the applicant shall provide adequate parking on the parcel for employees
and business vehicles.
• 3 spaces for each maintenance bay
• An additional space for each employee
• Adequate parking for vehicles operated in connection with the business
12. Per the 2-24-2000 CUP, all junk, including unlicensed and /or inoperable vehicles, are to be
removed from the site.
13. Per the 2-24-2000 CUP, all items associated with the roll -off dumpster business must be located in
the fenced -in area.
14. Per the 2-24-2000 CUP, adequate screening must be provided to screen any item which is stored
outside and must meet current ordinance standards.
15. Landscaping: Zoning Ordinance Section 15.420.5.b., states: "Any required landscape area shall be
planted with any combination of perennial plants, woody shrubs and/or trees, but excluding mowed
turf grass. Required landscape areas shall be planted at a sufficient density of plants to achieve
80% ground coverage within 3 full growing seasons" Evergreen trees shall be planted at a
minimum 5 to 6-foot height and spaced at 25 foot separation and interspersed with Native Prairie
Seed mix to meet this standard per Site and Landscape Plan C3.0, dated 10-25-2021. The applicant
or agent shall confirm specific landscape plantings including seed mixes and tree species with Land
Use Administrator prior to planting. Required landscape plantings shall be maintained for the
duration of the use.
16. Quantity, location, type, etc. of junk or waste items stored outside must conform to Section 15.353.
17. All signage on the site shall conform to the St. Croix County Zoning Ordinance, Section 15.380.
18. Proposed stormwater and erosion control plans have been determined to be compliant with
requirements of NR216 and the technical standards of NR 151. With the following
conditions:
1. Provide a copy of the WDNR-NR216 permit prior to commencing construction.
2. A preconstruction meeting shall be scheduled 3-days prior to site grading activities
and/or construction
3. Record the long-term stormwater management operation and maintenance plan
with the County Register of Deeds within 30-days of construction completion.
4. Within 30-days of construction completion, the applicant shall submit as -built plans
for the site, including detailed information for the stormwater management
system.
19. The Applicant shall have one (1) year from the issuance of the Conditional Use Permit to
act on the Conditional Use Permit. Failure to begin operation of the Solid Waste and
Recycling Transfer Facility in this timeframe shall result in the expiration of this
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Conditional Use Permit. If the Conditional Use Permit expires, the applicant will be
required to secure a new Conditional Use Permit before commencing operations.
19. 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 property owner and an opportunity for a public hearing.
20. Any minor change or addition to use of the property, buildings; or modification of or
addition to the property, building or facilities; or changes to the current project details shall
require review by the Zoning Administrator to determine if the use may be allowed.
21. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision and has no objections if County staff conduct unannounced
onsite inspections to check for compliance with the conditions of this Conditional Use
Permit.
The following vote was taken to approve the request: Chairperson Malick, (Y); Vice Chairman Miller
(recused), (Y); Peterson, (Y); Niccum. All in favor, motion carries.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days
after the filing date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County
assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal
period. St. Croix County does not certify that the identity of all persons legally entitled to notice of the
Board of Adjustment proceedings, which resulted in this decision, was provided to the County.
If an appeal is taken of this decision, it is the responsibility of the appellant to submit at his/her expense a
transcript of the Board of Adjustment proceedings to the circuit court. The Community Development
Department can be contacted for information on how to obtain a transcript. It is the responsibility of the
Board of Adjustment to submit its record (file) of this matter to the circuit court.
ZONING BOARD OF ADJUSTMENT
C W v Signed: � to
1�t
Clarence W. Malick, C irperson
Date Filed: October 28, 2021
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