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HomeMy WebLinkAboutBoard of Adjustment 12-20-01 x , AGENDA ST. CROIX COUNTY NOTICE OF COMMITTEE MEETING TO: Thomas Dorsey, Chairman St. Croix County Board FROM: Julie Speer, Chairman COMMITTEE TITLE: St. Croix County Board of Adjustment DATE: Thursday, December 20, 2001 TIME: 8:30 a.m. LOCATION: Government Center Community Room (lower level), Hudson, Wisconsin CALL TO ORDER: ROLL CALL: ADOPTION OF AGENDA: ACTION ON PREVIOUS MINUTES: DATE OF NEXT MEETING: UNFINISHED BUSINESS: 1) Special Exception request for a Telecommunications Tower by Sprint PCS to construct a 250-foot Wireless Communication Facility on property owned by Jennie- 0 Turkey Store, Town of Richmond (File # 30-01). Request tabled on August 23, 2001. 2) Special Exception request for a Telecommunications Tower by Sprint PCS to construct 250-foot Wireless Communication Facility on property owned by Carl and Sue Warren, Town of Troy (File #31-01). Request tabled on August 23, 2001. OTHER BUSINESS: VoiceStream vs. St. Croix County Case: Closed sessicn pursuant to 19.85(1)(g) - conferring with legal counsel. Reconvene into open session pursuant to Section 19.85(2). OLD BUSINESS: Jeff Bock Special Exception update NEW BUSINESS: See Attachment* ANNOUNCEMENTS AND CORRESPONDENCE: POSSIBLE AGENDA ITEMS FOR NEXT MEETING: ADJOURNMENT: (agenda not necessarily presented in this order) SUBMITTED BY: St. Croix County Zoning Office DATE: November 26, 2001 COPIES TO: County Board Office County Clerk Committee 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, December 20, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider tle following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special Exception request to expand an existing mobile home park pursuant b 17.15(6)(k), subject to the provisions of Section 17.35(3)(f) of the St. Croix County Zoning Ordinance. Applicant is requesting to add an additional 32 units to the Hillsdale Village Mobile Home Park. APPELLANTS: Thomas A. Otteson, owner; George Dean, agent. LOCATION: The NW % of the SE A Section 14, T31 N-R18W, Town of Star Prairie ADDRESS: 2142 County Road C, New Richmond, Wisconsin. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 3864680. Julie Speer, Chairperson St. Croix County Board of Adjustment BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES December 20, 2001 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was made. Julie Speer, Tom Rose, Rich Peterson, Nick Golz and Dick King were present. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly noticed meeting. Motion was made by Golz second by Rose to adopt the agenda. Motion carried. The Board set the next meeting date as January 24, 2002 and will be held in the County Board Room at the Government Center. The starting time will be 8:30 a.m. Motion by King second by Rose to approve minutes from the November 15, 2001 meeting as presented. All in favor. Motion carried. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be available if needed. UNFINISHED BUSINESS Jennie-O Turkey Store/ Sprint PCS Eslinger told the Board that this request was tabled at a previous hearing for more information. The request is for a 250-foot lattice telecommunications tower in the Town of Richmond. The applicant has responded to the Board's request for more information, and has provided that information. He went on to explain that zoning has received verbal confirmation from the FAA that this site is not a presumed hazard, and written notification will be sent out this week. Eslinger went over the staff report given to the Board. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Board concerns from previous hearing Exhibit 3: Letter from Paul Harrington, Sprint representative, with attachments and maps. Exhibit 4: Letter from the Dept. of Transportation with attachments Exhibit 5: Letter from county tower consultant, Jeff Nelson Exhibit 6: Memo from the ASAC Exhibit 7: Letter from the Town of Richmond recommending approval Exhibit 8: Letter from the FAA Exhibit 9: Map provided by Sprint Paul Harrington, being duly sworn, is representing Sprint. He has met with the county, Jeff Nelson, and the town. Harrington went over information requested by the Board. Sprint has looked at four co-location areas, and none of these sites would work, stating that the locations were not high enough and would not provide coverage needed. The WIXK radio tower in New Richmond will not work, as A.M. towers are not compatible with telecommunications towers. Jeff Nelson concurs with this. The FAA has concluded that this site is "no hazard", and has sent a letter dated December 18, 2001 stating this fact. Harrington told the Board that their application was submitted under the current tower ordinance. He is aware that a re-write to the tower ordinance is being proposed, but at this time, nothing has been finalized. The current ordinance allows for their request, and encourages towers to be designed for co-location. The tower being proposed at this site will allow for two additional carriers. Harrington believes that all of the Board's concerns have been addressed. A discussion was held on lattice towers versus monopole and stealth towers. Harrington explained that in order to allow for co-location, the tower needs to be a lattice. A monopole is not conducive for co-location. He went on to say that a stealth tower would not work in this area, as they would not get the coverage needed. The Board will view the site. Carl and Sue Warren Property/ Sprint PCS Eslinger updated the Board on this request, stating that it was tabled at a previous hearing for additional information, similar to the previous Sprint request. This is for a 250-foot lattice telecommunications tower in the Town of Troy. Eslinger went over staff report, and the letter from the tower consultant for the county. A question was raised by the Board as to co-location possibilities on an existing tower in the area owned by Norlight . Eslinger told the Board that Norlight has refused co-location, and is allowed to do so, as the tower was built previous to the ordinance being implemented. Eslinger has checked at the state and federal levels, and nothing supports them having to allow co-location. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Letter to Sprint stating Board concerns Exhibit 3: Letter from Roger Behrens, attorney for Sprint Exhibit 4: Letter from county tower consultant, Jeff Nelson dated 10/10/01 Exhibit 5: Letter from Paul Harrington Exhibit 6: Letter from county tower consultant, Jeff Nelson dated 11/19/01 Exhibit 7: Letter from the Town of Troy Paul Harrington, being previously sworn, is representing Sprint PCS and the Warrens. He once again stated that he has met with Jeff Nelson and the county to discuss this request. He believes all of the Board's concerns have been addressed. He reiterated Eslinger's statement that they were denied co-location on the Norlight tower. He added that they cannot co-locate on the WEVR radio station tower, as this is an A.M. tower, and co-location would not be allowed. Harrington told the Board that this request is similar to the previous Jennie-O Turkey Store request. They have looked at other places for co-location, and have not found anything. This tower will allow for two additional carriers. They are required by the FCC to detune the tower, so there will not be interference with the WEVR radio station. He further added that Jeff Nelson is satisfied with Sprint's response to all concerns, and supports this request. 2 The Board will view the site. Jeff Bock Fisher told the Board that Jeff Bock was granted a special exception two years ago for a contractor's storage yard. One of the conditions was for Bock to report back to zoning after two years to have his permit reviewed. Fisher reported that every condition has been met. Bock has kept a daily log on trips in and out of the site, and has done an excellent job running his business within the perimeters of the conditions. Fisher added that Bock may be asking the Board to allow him to have an earlier start time, as he feels that the 7:00 a.m. time imposed on him in the conditions, conflicts with the bus time for the children in the neighborhood. He believes that it would be safer for him to leave the site earlier. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, December 20, 2001, at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will deliberate and vote on the appeals. 1. ARTICLE: Special Exception request to expand an existing mobile home park pursuant to 17.15(6)(k), subject to the provisions of Section 17.35(3)(f) of the St. Croix County Zoning Ordinance. Applicant is requesting to add an additional 32 units to the Hillsdale Village Mobile Home Park. APPELLANTS: Thomas A. Otteson, owner; George Dean, agent. LOCATION: The NW 1/4 of the SE 1/4, Section 14, T31N-R18W, Town of Star Prairie ADDRESS: 2142 County Road C, New Richmond, Wisconsin. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at (715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Article One: Hillsdale Village Mobile Home Park/ Thomas A. Otteson Eslinger explained this request is for an expansion of an existing mobile home park. This location is also referred to as Wall Street Village Mobile Home Park. Eslinger went over the staff report, explaining how this request relates to our ordinance. The applicant is asking for 32 additional lots for double-wide manufactured homes. The applicant has worked with a professional engineer on his erosion control plans and topography survey. 3 Eslinger told the Board that the staff has some concerns, and they are listed in the staff report. The applicant may address these concerns to the Board. The following exhibits were introduces. Exhibit 1: Staff report Exhibit 2: Copy of application and attachments. Exhibit 3: Copy of zoning map. Exhibit 4: Copy of site plan Exhibit 5: Copy of photographs of the property Exhibit 6: Letter from the Town of Star Prairie Exhibit 7: Copy of Dept. of Commerce Administrative Code - Comm-95 Exhibit 8: Plans A & B for proposed expansion Eslinger went over Exhibit 8 with the Board. Peter Hurth, being duly sworn, is an engineer with Baudhun, Inc. and is representing the mobile home park. He went over the map of the project site with the Board, pointing out the road plans, stating that they have all been designed to allow for emergency vehicles, bus traffic, and can accommodate any traffic in and out of the site. They will be obtaining a letter from emergency services, stating that roads are adequate. Hurth said they are working with the highway department, and plan to put in a turn lane on the east side of County Road C. The Town of Star Prairie has given approval for the road plan. The Department of Commerce has approved the septic system. There are ponds on the property to handle the run-off, and all plans for erosion control and storm water management have been approved by the Land and Water Conservation Department. A question was raised regarding the sewer line (forcemain) under the road. Hurth explained that the forcemain drains back to the dose chamber and the forcemain is buried deep, and will pose no problem. A discussion was held on screening issues. Hurth stated that there is some screening at the site, at the present time. If the Board feels additional screening is needed, they have no problem with that. George Dean, being duly sworn, is the manager of the mobile home park. He said that the bus does not come all the way into the park to pick up children. There are the shelters for the children, and that is where the bus picks up. There is a 42-foot radius for the bus to turn around in, and that is adequate, according to the engineered plans. Eslinger explained that the Department of Commerce, Chapter Comm 95, regulates mobile home parks in the state. It is required by the state that the applicant submit plans to the Department of Commerce in order to expand the mobile home park. Hurth told the Board that they would be applying for a permit from the state for this expansion. Harlan Vehrs, being duly sworn, is a neighboring property owner. He stated that he has concerns with regard to trespassing on his property, holding ponds, fencing, road issues and traffic. 4 The Board will view the site. The Board recessed from 10:20 a.m. to 11:40 a.m. to conduct site visits. Decisions The Board reconvened to render decisions at 11:40 a.m. Article One: Hillsdale Village Mobile Home Park/ Thomas A. Otteson Motion by Golz, second by King to approve the request to expand an existing mobile home park in the Ag/Residential district, based on the following findings: 1. The Town of Star Prairie has approved of the request. 2. The plans were designed by a professional engineer. 3. The Land and Water Conservation Department has approved the plans. 4. The Department of Commerce has approved of the septic system. 5. The expansion meets a community need. 6. The mobile home park has been kept neat, and no problems have previously been reported. 7. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. This approval is for the Hillsdale Mobile Home Park (Wall Street Village) and is for 32 units. 2. All interior roads must be of a hard surface. 3. All onsite-recycling units must be screened and kept clean of debris and garbage. 4. Interior lighting must be shielded downward to eliminate light pollution. 5. A landscaping (screening) plan must be submitted to the Zoning Office for approval by the Zoning Director for the north and west property line. The plan is to provide screening between the mobile home expansion and the single- family subdivision (Prairie View Estates) and the property to the west. The plan, at a minimum, must show two rows of 6-foot trees spaced every twenty feet (evergreens are preferred) along the north property line and seedlings planted along the west property line. The plantings must be staggered. For assistance with the type of tree species that would be best suited for the area, contact Kathy Nelson, Forester with the Department of Natural Resources, at 715-684-2914. 6. The applicant must secure all state approvals (Comm 95, etc...) for the mobile home expansion. Copies of the state approvals must be provided to the Zoning Office. 7. The applicant must submit an access design for a Type B intersection in accordance with the Wisconsin Department of Transportation standards. The County Highway Department will review and approve the intersection design. A County permit is required from the St. Croix County Highway Department for all construction work within the right-of-way of County Road C. 8. Provide written statements from the Emergency Management Departments (fire, sheriff, ambulance) serving this mobile home court stating their approval of the expansion. 5 9. The applicant must install silt fence (erosion control measures) prior to commencing grading activities. The silt fence shall remain in place until the site is completely established. 10. The applicant must follow the plans as approved by the St. Croix County Land and Water Conservation Department. 11. The applicant shall provide the Zoning Office with the name and phone number of the person responsible for installing and maintaining the erosion control plan. 12. At the completion of the project, an as built must be submitted to the Zoning Office by the applicant's engineer, that confirms that the project was completed as approved. 13. The Zoning office is to be notified at the start and the finish of the project. 14. The applicant must secure a township building permit before commencing construction. 15. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to commence business operation in this period shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the business operation. 16. Any minor changes (or additions) in expansion of the project, including the changes to the designed plans, signage, lighting, grading, and parking, shall require review and approval by the Zoning Director. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. 17. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Peterson; yes; Rose, yes; King, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Unfinished Business Jennie-0 Turkey Store/ Sprint PCS Motion by Golz, second by Peterson to approve the special exception request for a 250- foot lattice telecommunications tower based on the following findings: 1. The applicant has addressed all of the Boards concerns and questions. 2. The county tower consultant, Jeff Nelson, has recommended approval of the request. 3. The Town of Richmond has recommended approval of the request. 4. The tower will serve a public need in the area. 5. There were no objections to the request. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. A building permit must be obtained from the Town of Richmond prior to construction. 2. Tower must be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 3. The Zoning Office is to be notified at the start and the finish of the project. 6 4. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 5. All FAA and FCC approvals/ permits are to be obtained. 6. Applicant to agree to allow collocation of competitors on tower at market rate consistent with 17.86 (3). The applicant has provided for two additional collocation opportunities on the tower in accordance with section 17.86 (3). 7. The color of the tower (including all accessories on the tower) to be painted hydro blue. A color clip (sample) must be supplied to the Zoning Director for approval prior to the construction of the tower. 8. The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). Applicant to submit an annual report (due January 1St of each year) stating location/occupants operational information (ie...is the tower still in use, number of co-locators, number of co-locations still eligible to locate on tower, etc.) 9. Any minor change or addition to the project, including but not limited to design of the facility, 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. 10. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 11. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the proj ect. 12. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Carl and Sue Warren / Sprint PCS Motion by Peterson, second by King to approve the special exception request for a 250- foot lattice telecommunications tower based on the following findings: 1. The applicant has addressed all of the Board's concerns and questions. 2. The county tower consultant, Jeff Nelson, has recommended approval of the request. 3. The Town of Troy has recommended approval of the request. 4. The tower will serve a public need in the area. 5. There were no objections to the request. 6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by granting the request. With the following conditions: 1. The applicant is fully responsible for any degradation of the signal/transmission to the WEVR Radio Station, all matters must be mitigated by Sprint PCS. 2. A building permit must be obtained from the Town of Troy prior to construction. 7 3. Tower must be constructed according to the plans submitted. Applicant to follow all written stipulations noted in their application. 4. The Zoning Office is to be notified at the start and the finish of the project. 5. Project to meet all requirements of the Wireless Communications Facilities Ordinance. 6. All FAA and FCC approvals/ permits are to be obtained. 7. Applicant to agree to allow collocation of competitors on tower at market rate consistent with 17.86 (3). The applicant has provided for two additional collocation opportunities on the tower in accordance with section 17.86 (3). 8. The color of the tower (including all accessories on the tower) to be painted hydro blue. A color clip (sample) must be supplied to the Zoning Director for approval prior to the construction of the tower. 9. The tower must be removed, and site restored within 12 months of cessation of operation or use (consistent with 17.83 (6)). Applicant to submit an annual report (due January I" of each year) stating location/occupants operational information (ie...is the tower still in use, number of co-locators, number of co-locations still eligible to locate on tower, etc.) 10. Any minor change or addition to the project, including but not limited to design of the facility, 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. 11. Failure to comply with the above conditions shall result in revocation of the Special Exception Permit. 12. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception permit. Failure to start the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before starting or completing construction on the project. 13. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision. The following vote was taken to approve: Golz, yes; Rose, yes; King, yes; Peterson, yes; Chairperson Speer, yes. Motion carried. Motion by Peterson, second by King to adjourn the meeting at 12:40 p.m. Respectfully submitted: (i , - LLB h Peterson, Secretary Debbie Zimme ,Recording Secretary R' a s