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PLANNING & ZONING
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March 29, 2010 File Ref: SE0220
Town of Baldwin
c/o Joe Hurtgen, Town Chair
2522 110"' Ave.
t Woodville, WI 54028
Re: St. Croix County Special Exception - Institutional Use
in the Ag Residential District
715Code-A3866--4680 4680uatt Parcel 21.29.16.304A05, Town of Baldwin
Landlnformadon & . Dear Mr. Hurtgen:
Planning
715-386-4674: The St. Croix County Board of Adjustment has reviewed
~ (Board) your request for the
Rcal P rry following item:
715 -4677
Special exception permit for an institutional use in the Ag Residential District
R ~"g
3-386-4675 pursuant to Section 17.15(6)(s) of the St. Croix County Zoning Ordinance.
After the hearing on March 25, 2010, the Board approved the request with conditions. The
enclosed document is the formal decision regarding the application.
You must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
~F
Pamela Quinn
Zoning Specialist/ Zoning Administrator
Enclosures: Formal Decision
cc: Steve Olson, St. Croix County Land and Water Conservation Department
ST. CRO/X COUNTY GovERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON, W/ 54016 7153864686 FAX
PZC?C0.5AINT-CR01X. W. US W W4V. CO. SAI NT-CROIX. WI. U S
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0220
Applicant: Town of Baldwin, property owner
Agent: Joseph Hurtgen, Town Chair
Parcel ID 10.29.19.119B
Complete Application Received: January 4, 2010
Hearing Notice Publication: Weeks of March 8 and 15, 2010
Hearing Date: March 25, 2010
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein, the Board makes the following Findings of
Fact and Conclusions of Law pertinent to your request:
1. The applicant is the Town of Baldwin, property owner, with Joseph Hurtgen, Town Chair acting as
their agent.
2. The site is located at 2399 90th Ave. in the NE '/4 of the NE 1/4 of Section 21, T29N, RI 6W, Town of
Baldwin, St. Croix County, Wisconsin.
3. The Town of Baldwin is the applicant and the town clerk sent an e-mail to document the Town Board's
approval of building a new town hall at their March 4, 2010 meeting.
4. The applicant filed with the Planning and Zoning Department an application for a special exception
permit to construct a new town hall in the Ag Residential District pursuant to Section 17.15(6)(s) of the
St. Croix County Zoning Ordinance.
5. The new proposed town hall building will be located on a 2.5-acre lot, part of which has served as the
town hall site for over 50 years. The lot currently features a pole building that has been used for town
hall activities and a shop building with an unpaved parking area. The proposed building will have a
meeting room, office with file room, a kitchen area, and public restrooms (2) to support town
government functions. The existing buildings will be used to house shop activities and store town
equipment, as well as continue the recycling program. Holding tanks will be used to handle wastewater
generated at the new building when events or meetings are scheduled at the town hall.
I . This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that
a town hall is a reasonable and appropriate use in the Ag Residential District, which the property is
currently zoned. Its location near the center of the town 2.5 miles east of State Highway 63 and northeast
of the Village of Baldwin continue to make it accessible to residents. The existing building that houses the
town hall and shop were established on the site as a legal use after the property was deeded to the Town of
Baldwin in 1953. According to the applicant, the intensity and frequency of shop activities, recycling
programs and town hall functions on the site will not increase with the proposed improvements.
2. With conditions for installing erosion control measures, maintaining the current level of off-street parking,
prohibiting high-traffic activities at the site, and implementing the storm water plan, this request would not
negatively impact the health, safety, or welfare of the public, nor would it be substantially adverse to
property values for nearby residences. No full-time employees will work on the site. Traffic will be
intermittent and is not expected to have a detrimental impact on the road system.
3. With conditions for shielding light sources from adjacent properties, and planting native trees and shrubs
to screen and buffer adjacent residential property to reduce noise and visibility, this request would not
constitute a nuisance.
4. Based on seating capacity of -100 persons, a minimum 14 parking spaces are required pursuant to Section
17.57 (7). With conditions for maintaining at least 19 striped, paved, off-street parking spaces in the
parking lot with additional gravel parking available on the site, the applicant will meet the minimum
parking standards in Chapter V of the St. Croix County Zoning Ordinance.
6. The existing driveway on 90th Ave. will be replaced with one that meets the 200-foot separation from
the centerline of the intersection with 240th Street.
7. The proposed building will meet required road and building setbacks from 90`h Avenue and the side-
and rear yard setbacks specified in Sections 17.15 (4) & (5).
8. The St. Croix County Land and Water Conservation Department reviewed the Town of Baldwin special
exception permit application and finds that the stormwater and erosion control plans are consistent with
Wisconsin Administrative Code NR 151 requirements. The department recommends the applicant
provide an operation and maintenance plan referencing the stormwater management plan on the deed to
the property.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the
request, with the following conditions:
1. This special exception permit is for the Town of Baldwin, property owner and applicant, to construct a
new town hall in the Ag Residential District as provided in the conditions below. Approval for this
special exception permit does not include any additional structures, impervious coverage, or other
activities.
2. The applicant shall be responsible for securing all necessary local, state, and federal permits and
approvals. With conditions that a holding tank servicing contract is established for proper disposal of
domestic waste and an affidavit is recorded to assure ongoing tank maintenance, the request will meet
requirements in Section 12.7.b.2a.
3. Prior to commencing construction of the proposed building, the applicant shall implement erosion
control measures in accordance with the Wisconsin Construction Site Handbook and recommendations
made by the Land & Water Conservation District staff. Immediately upon completing construction,
temporary ground cover shall be used until permanent vegetation has been established.
4. The applicant submitted a parking plan showing the number, size, design and layout of parking stalls.
The applicant shall be responsible for providing at least 19 Paved, striped, off-street parking stalls
including two (2) that are handicap accessible, plus additional gravel off-street parking that can
accommodate another 22 cars on the site in accordance with the St. Croix County Zoning Ordinance.
Additional space will be available on the existing gravel parking area in the event traffic exceeds the
number of new off-street parking stalls.
5. Prior to commencing construction of the proposed building, the applicant shall submit to and have
approved by the Zoning Administrator a landscaping plan to create a vegetative buffer at least 10 feet in
width along the north property line that includes native evergreen trees and shrubs at least six feet in
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height at the time of planting. The buffer shall attain at least 80% opacity at maturity. Planting is not
recommended along the south property line to maintain visibility for traffic entering and exiting the
site. The plan should include the species, size, and location of all trees, shrubs, and groundcover 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. This condition shall be waived if the applicant
submits to the Zoning Administrator a document signed by the adjoining property owner(s) to the north
stating that they do not desire the vegetative buffer.
6. Prior to commencing construction of the proposed building, the applicant shall submit to and have
approved by the Zoning Administrator an operation and maintenance agreement for the storm water
pond. The applicant shall record an affidavit against the property referencing the storm water pond and
operation and maintenance agreement, and submit a recorded copy of these documents to the Zoning
Administrator at this time. The intent is to make present and future Town Board members and property
owners aware of the responsibilities and limitations associated with runoff retention areas, and to
ensure that they continue to function properly.
7. Prior to commencing construction of the proposed building, the applicant shall submit to and have
approved by the Zoning Administrator a surety in the form of a compliance deposit in the amount of
$1,100 to be held by the Zoning Administrator until the landscaping, site stabilization, and storm water
management measures 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
8. The access to the new town hall shall be from a new driveway on 901h Avenue that will meet standards
contained in Section 17.60.7 for distance to the intersection with 2401h Street. The existing gravel
entrance and parking areas off 240`h Street will remain to allow access to the shop and recycling center.
9. No signs are approved as part of this permit. Any future signage shall comply with the standards and
permit requirements of Section 17.65 of the St. Croix County Ordinance.
10. All lights on the site must be downward directed and shielded away from neighboring properties to
prevent glare. Only lights on the building or building overhangs at a level not to exceed the height of
the lowest eaves may be left on overnight for security purposes. Lights in the parking lot shall only be
on during the hours of town meetings and special events.
11. Refueling and vehicle maintenance involving fluids shall be conducted on an impervious and properly
contained surface in compliance with applicable state and federal standards.
12. No hazardous materials other than those associated with maintenance and use of the town vehicles and
equipment shall be used on the site. Any fuel or hazardous materials stored on the site must be stored in
proper containers and conditions in accordance with applicable state and federal standards.
13. General hours of operation for the town hall and shop shall not extend beyond 7:00 AM and 9:00 PM,
with occasional extended hours for annual meetings and other special events.
14. 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.
15. The property shall be maintained in a neat and orderly manner.
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16. Within six months of completing construction of the entire project, the applicant shall submit to the
Zoning Administrator photos of all completed buildings, parking areas, storm water pond, lights, and
landscaping, and certification that everything has been constructed as designed and as approved by the
Board.
17. The applicant shall contact the Zoning Administrator to review this special exception permit in two
years from the approval date (March 2012) 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 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.
18. Any change in ownership of the property or change in project details - including but not limited to
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.
19. The applicant shall have one (1) year from the approval of this permit to commence construction and
two (2) years from the approval to complete the project. Failure to comply with the conditions of this
approval within the timeframes stipulated shall be grounds for revocation. If the special exception
permit is revoked, the applicant will be required to secure a new special exception permit.
20. 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: Hurtgen, abstained; Chairperson Malick, yes; Peterson, yes; Nelson,
yes; McAllister, absent. Motion carried.
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 Planning and Zoning 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.
ZON G BOARD OF ADJUSTMENT
Signed: 2
Clarence W. "Buck" Malick, Chairperson
Date Filed: 3/29/10
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