HomeMy WebLinkAbout004-1021-95-050 (2)ST. C R40IX
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Community Development
Government Center
1101 Carmichael Road Hudson WI 54016
Telephone: 715-386-4680 Fax: 715-386-4686
www.sccwi.gov
June 28, 2022
Haas Sons Inc
203 E Birch Street
Thorp, WI 54771
ATT: Jason Haas
RE: Conditional Use Permit Amendment Decision
Property located in the part of Sec. 10, T28, R15, Town of Cady
Dear Mr. Haas;
The St. Croix County Board of Adjustment has reviewed your request for the following
item:
1. Conditional Use request to allow crushing and recycling of concrete and asphalt
and washing of limestone aggregate, File Number CUP-2022-024, pursuant to
Section 15.285.2 (Use Table) of the St. Croix County Zoning Ordinance.
After the hearing on June 23, 2022, and further consideration on June 23, 2022, the
Board of Adjustment approved your request with conditions. Please see attached the
final decision document. Feel free to contact me with any questions or concerns.
Sincerely,
% G✓Grta
Mike Wozniak, AICP
Land Use Administrator
Enclosure: Formal Decision
EC: Town of Cady; cadv@townofcadv.com
Jason Haas@haas4.com
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-2022-024
Haas Sons Properties
Haas Sons Inc
May 2, 2022
June 6 and 16, 2022
June 23, 2022
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 is Haas Sons Properties.
2. The agent is Haas Sons Inc (Jason Haas).
3. The site is approximately 51.25 acres and is zoned I-1 (Industrial), surrounded by commercial,
and agricultural land uses.
4. Existing parcels owned by Haas Sons Properties will be reconfigured with a Certified Survey Map
(CSM-2022-024); the property in question is Lot 3 of said CSM. This will include Parcel ID# 004-
1021-95-050, and parts of Parcel ID# 004-1021-95-011 and 004-1021-70-000.
5. The conditional use request is to allow crushing and recycling of asphalt and concrete and washing
limestone aggregate per Chapter 15, Section 15.285.2 (Use Table). Operation of the existing ready -
mix concrete plant is recognized as a permitted use in the I-1 District.
6. A Land Use Permit (LUP-2018-021) to allow operation of a ready -mix concrete plant in the
Shoreland Area was approved by the County on 5/31/2018.
7. The CUP will recognize existing operations (ready -mix concrete plant) and approve new operations
(crushing and recycling of asphalt and concrete; and washing of limestone aggregate as conditional
permitted uses in the I-1 District.
8. The Wisconsin DNR has issued two stormwater permits for the site.
• One for the concrete plant area, FIN60028, requires a pond or infiltration basin with
an outfall to discharge the clean stormwater into the Cady Creek. This water is
sampled annually.
• The other permit, NMM permit FIN 73030 is for the area to the east of the existing
concrete planted called the expansion area. This permit was issued because there
is no permanent concrete or asphalt plant in this location. Berms will be established
along the south boundary to catch the stormwater which the DNR recommended,
instead of building a permanent pond with an outfall, to capture the stormwater.
Pagel
The DNR permits are up to date. Sound dampening berms are on the attached 2022
site map for the CUP and are labeled and shown wider than the stormwater
containment berms.
9. Based upon the site plan the applicant has indicated that proposed berms will be a minimum height
of 10 feet and the slope of these berms will not exceed a 3:1 slope. However, they only indicate
these berms will be seeded with native seed. Staff recommend that the applicant utilize the native
seed mix along with properly anchored mulch. This will ensure the seed is not blown away from
the wind and will prevent rill erosion from occurring along the slopes of the berm.
10. The concrete plant area of the site will not change at all.
11. A new driveway may be added from 50th Avenue into the site where the berm opening is located.
The applicant will need this access to be approved by the Town of Cady.
12. There will be no new lighting installed on the property.
13. All buildings, grading and other activity, within the 300-setback of the OHWM of Cady Creek is
existing. There will be no activities within 300 feet of the OHWM of Cady Creek in the expansion
area. In the expansion area, crushing, washing, and piling will be kept 300 feet from the OHWM
of Cady Creek. If in the future, the Applicant needs to pile or operate within the setback area, the
Applicant will be required to obtain a Shoreland Land Use Permit from the County.
14. Hours of operation are proposed to be 5:00 am to 6:00 pm at the concrete plant with some
exceptions, Monday through Friday, and 5:00 am to 3:00 pm on Saturdays. The concrete plant
operation will be closed on Sundays and Holidays. Crushing and washing operations are proposed
to operate from 6:00 am to 6:00 pm, Monday through Friday and possibly, but not likely, 6:00 am
to 3:00 pm on Saturday.
15. Hours of operation are proposed to be 5:00 am to 6:00 pm at the concrete plant with some
exceptions, Monday through Friday, and 5:00 am to 3:00 pm on Saturdays. The concrete plant
operation will be closed on Sundays and Holidays. Crushing and washing operations are proposed
to operate from 6:00 am to 6:00 pm, Monday through Friday and possibly, but not likely, 6:00 am
to 3:00 pm on Saturday.
16. Crushing operations are expected to take 2 weeks per year and washing operations to take 3 weeks
per year. Crushing and washing plants are portable and get set up and removed when the work is
done. Hauling hours are 6:00 am to 6:00 pm, Monday through Friday unless there is a special
project which requires additional hours of operation.
17. Equipment on site during crushing and washing operations are portable crush, portable screener,
portable wash screening plant, conveyers, front end loaders, and a portable generator for the electric
motors to run the crush and screeners and conveyers.
18. The Applicant has indicated that no information on the existing ponds on site is available, except
that they are poly lined and hold water. Further, no documentation was provided to the Applicant
when they acquired the property. The Applicant has indicated that they had all the pipes extending
to and from the ponds grouted to prevent unwanted contamination (required by WDNR).
19. The Applicant has stated that the Wisconsin DOT is aware of the existing Concrete plan operations
and has no objection to operations for the site.
Page 12
20. All required Wisconsin DNR permits have been obtained for existing and proposed operations.
21. Conditional uses shall only be granted subject to the following provisions, pursuant to 15.550 6.,
a., b., c., d., and e.:
a) The proposed use complies with all applicable standards of the zoning district, the
Development Standards, and any applicable Use Regulations.
The proposed crushing and recycling of asphalt and concrete and washing of limestone
aggregate are recognized as heavy industrial uses and may be allowed as a conditional use in
the I-1 District. No specific Development Standards or Use Regulations have been established
for these specific heavy industrial uses and are determined as part of the conditional use permit
application review process.
b) The proposed use will not cause a reduction of the property values in the affected
neighborhood. For purposes of this section, the "affected neighborhood" includes any
areas within:
1. A contiguous residential subdivision or a planned development, and
2. Any other area where a person demonstrates that their property would be adversely affected
by the proposed conditional use.
The proposed crushing and recycling of asphalt and concrete and washing of limestone
aggregate will not cause a reduction of the property values in the affected neighborhood since,
it will be sited within an I -I Industrial District within appropriate best management practices
to limit environmental and nuisance related impacts and will be conducted during a 2 to 3-
week period each year with limited exceptions based on specific project needs.
c) The proposed use would not constitute a nuisance by reason of noise, dust, smoke, odor,
lighting, water or air contaminants, traffic, stormwater runoff quantity or quality, pests, or
similar factors.
The proposed crushing and recycling of asphalt and concrete and washing of limestone
aggregate will not constitute a nuisance because the activitywill be limited a 2 to 3-weekperiod
each year with limited exceptions based on specific project needs. In addition, the construction
of a berm to mitigate noise along with the use of other best management practices to mitigate
dust will limit nuisance impacts during periods of activity.
d) The use does not violate the spirit or intent of this chapter.
The proposed heavy industrial uses may be allowed as a conditional use within the I-1
Industrial District, to ensure appropriate conditions may be placed on approval of such uses
to ensure conformance to applicable zoning provisions and compatibility with surrounding
land uses.
e) The use is not contrary to the public health, safety, or general welfare.
Conformance with applicable rules, regulations and permitting requirements along with the
use of specific site improvements and best management practices will ensure the proposes uses
will not be contrary to the public health, safety, or general welfare.
Page13
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 to allow crushing and recycling of asphalt and concrete and washing
limestone aggregate as proposed in the application for CUP-2022-024, with the following conditions:
1. Site improvements and operations related to the recycling of asphalt and concrete and
washing of limestone aggregate uses shall be implemented and conducted consistent with
plans, specifications and supporting information included with Conditional Use Permit
Application CUP-2022-024 submitted to the County on 5/2/2022.
2. Existing parcels owned by Haas Sons Properties will be reconfigured with a Certified
Survey Map (CSM-2022-024); the property in question is Lot 2 of said CSM. This will
include Parcel ID# 004-1021-95-050, and parts of Parcel ID# 004-1021-95-011 and 004-
1021-70-000. Approval of this conditional use permit will apply to the area identified as
Lot 2, once CSM-2022-024 if filed with the Register of Deeds Office.
3. As part of establishing vegetative cover on proposed berms the applicant shall utilize the
native seed mix along with properly anchored mulch. This practice will ensure the seed is
not blown away from the wind and will prevent rill erosion from occurring along the slopes
of the berm.
4. If in the future, the Applicant needs to pile or operate within the setback area, the Applicant
shall be required to obtain a Shoreland Land Use Permit from the County.
5. Crushing operations are expected to take 2 weeks per year and washing operations may
take 3 weeks per year. Any need to conduct crushing and washing operations beyond 3
weeks per year must be authorized by the Land Use Administrator.
6. Haas Sons, Inc., shall provide at least 48 hours prior notice (by e-mail) to the Land Use
Administrator if Hauling hours are to exceed 6:00 am to 6:00 pm, Monday through Friday
to accommodate special projects.
Upon the vote being taken, the request was approved unanimously.
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.
Page 14
ZONING BOARD OF ADJUSTMENT
Signed:.
Joe Miller, Vice Chairperson
Date Filed: June 27, 2022
Page 15