HomeMy WebLinkAbout002-1086-10-200 (2)
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PLANNING ZONING copy
October 27, 2008 File Ref: SE0188
Kevin and Cecelia Lund
692 250fl' Street
Woodville, W1 54028
Re: St. Croix County Special Exception - Electrical substation
Parcel 34.29.16.496, Town of Baldwin
Dear Mr. & Mrs. Lund:
Code Administrate
715-386-4680.. The St. Croix County Board of Adjustment (Board) has reviewed your special exception request for an
electrical substation in the Ag Residential District pursuant to Section 17.15(6)(1) of the St. Croix
Land Information '
Planning County Zoning Ordinance. After the hearing on October 23, 2008, the Board approved this request
715-386-4674 with conditions. The enclosed document is the formal decision regarding the application.
Real P rty You must obtain any other required local, state, and federal permits and approvals. Feel free to contact
715 -4677 me with any questions or concerns.
R cling
-386-4675 Sincer
amela Quinn
Zoning Specialist/ Zoning Administrator
Enclosures: Formal Decision
cc: Clerk, Town of Baldwin
Sarah Nystuen, Northern States Power Company
Steve Olson, St. Croix County Land and Water Conservation Department
Cheryl Laatsch, Wisconsin Department of Natural Resources
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ST. CROIX COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD, HUDSON, Wi 54016 7153864686 FAx
PZC?CO.SAINT-CROIX. WI. US W W W. CO.SAI NT-C RO IX. WI. US
FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0188
Applicant(s): Kevin and Cecelia Lund, current property owners
Northern States Power Company, doing business as Xcel
Energy, future property owners
Site Address: 250'' Street
Parcel ID 34.29.16.496
Complete Application Received: September 3, 2008
Hearing Notice Publication: Weeks of October 6 and 13, 2008
Hearing Date: October 23, 2008
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 this request:
1. The applicants are Kevin and Cecelia Lund, current property owners, and Northern States Power
Company, doing business as Xcel Energy, Inc., future property owners.
2. The site is located on the southwest corner of US Highway 12 and 250' Street in the NE of the NE
of Section 34, T29N, R16W, Town of Baldwin, St. Croix County, Wisconsin.
3. The applicants filed with the St. Croix County Board of Adjustment an application for a special
exception permit to construct an electrical substation in the Ag Residential District pursuant to Section
17.15(6)(1) of the
St. Croix County Zoning Ordinance. Specifically, Xcel Energy is in the process of
creating and purchasing a proposed 7.4-acre lot that is currently part of a 40-acre parcel owned by
Kevin and Cecelia Lund. The lot has not yet been created, but the applicants intend to submit an
application for a minor land di
vision to separate the
parcels upon obtaining approval for the special
exception With conditions that a Certified permit. Survey Map is completed to create the lot the
applicants propose to construct a 161-23.9kV power distribution substation to serve agricultural uses
and residential development in the Baldwin and Woodville areas. The substation will connect to an
existing 161 kV transmission line that runs along the western border of the property and will replace
existing facilities that are currently located at the Dairyland Power Cooperative's Rush River
Substation in the Town or Rush
River. Xcel Energy's Rush River Substation will be removed when the
new substation is fully operational.
4. The proposed substation facilities include a 960-square foot electrical equipment shelter, two
transformers
and additional power poles and lines. The substation yard will have a crushed rock
surface and all equipment within the yard will be placed on concrete piers or slab foundations. A chain-
link fence will surround the substation yard to prevent unauthorized access. The only access to the yard
will be from a gate at the main entrance driveway off 250"' Street.
5. Properties adjacent to the proposed site to the north, south, and west are zoned Ag Residential and
feature predominantly cropland and other agricultural uses. The adjoining property to the east is within
the Village of Woodville municipal boundaries. The adjoining parcel to the west features a non-
navigable stream; two wetland areas were identified adjacent to the site in a wetland delineation report
completed for the applicant by Cedar Corporation. The grading plans indicate that land disturbance on
the proposed substation site will be outside the wetland boundaries.
6. This request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in
that a substation is a reasonable and appropriate use in the Ag Residential District, which the property
is currently zoned. The proposed substation will provide electrical service to current and future
residents and farmers in the rapidly growing Hammond and Baldwin area. Its location near the villages
of Woodville and Baldwin and close proximity to an existing high voltage power line makes the site
acceptable for this use.
7. This request would not be contrary to the public health, safety, or general welfare or be substantially
adverse to property values in the neighborhood affected. According to the applicants, the fence, gate,
and signs will be installed in accordance with Xcel Energy Standards, which are more stringent than the
requirements of the National Electric Safety Code. Safety signs will be posted along the perimeter of
the fence to prevent unauthorized access. Storm water runoff from the proposed substation yard will be
directed to a storm water detention basin located along the westerly edge of the yard. The substation
will be partially screened from US Highway 12 and adjacent properties by earthen berms and a mix of
deciduous and coniferous trees. Upon completing the proposed facilities, traffic to and from the site
will be minimal, consisting of Xcel Energy staff reporting to the site during normal working hours for
monthly inspections and occasional visits for switching distribution, transmission construction, and
maintenance. On rare occasions, staff will report to the site outside of normal working hours to address
abnormal system conditions.
8. Lighting will be installed to illuminate important equipment and controls outside of the equipment
shelter to be used under rare, emergency conditions. Typically, the substation will be dark at night.
With conditions for maintaining a neat and orderly appearance and shielding any light sources on or
around the substation from adjoining properties, this request would not constitute a nuisance by reason
of noise, dust, smoke, odor or other similar factors.
9. The proposed facilities -including but not limited to the fencing, gate, equipment shelter, transformers,
and power poles - meet the required road setbacks and driveway spacing requirements pursuant to
Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
10. The Town of Baldwin Town Board reviewed the application and site plan, has issued a driveway permit
for the access off 250th Street, and offers no recommendations or objections to the proposed substation
site.
11. The St. Croix County Land and Water Conservation Department staff has visited the site and has
reviewed the permit application. With conditions that LWCD staff reviews erosion and stormwater
management plans, submit comments regarding their recommendations on the adequacy of proposed
best management practices, and implementation of recommended erosion and sediment control
measures, the proposed use will not adversely impact adjacent wetlands.
12. The Wisconsin Department of Natural Resources has determined that the stream on the adjacent parcel
to the west is not navigable and therefore the Shoreland District regulations do not apply; however, the
site is east of and adjacent to a wetland and floodplain around the stream. An application for a Water
Quality Certification was submitted to the Department on September 18, 2008. A copy of the special
exception permit application was mailed to Cheryl Laatsch of the Wisconsin DNR Office of Energy for
her review and comments, which were not available prior to completion of the staff report.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the
special exception request, with the following conditions:
1. This special exception permit is for Northern States Power Company, doing business as Xcel Energy,
Inc., to construct an electrical substation in the Ag Residential District in the Town of Baldwin in
accordance with the plans submitted and as provided in the conditions below. Approval for this special
exception permit does not include any structures, impervious coverage, or uses not shown or indicated
in these plans.
2. Prior to commencing construction of the substation, the applicant shall be responsible for securing all
necessary local, state, and federal permits and approvals, including but not limited to town building and
driveway permits, County approval and recording of the Certified Survey Map for the proposed lot, and
any permits required by the Wisconsin Department of Natural Resources and Office of Energy or other
agencies.
3. Prior to commencing construction of the substation, 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 all facilities, landscaping, 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.
4. Prior to beginning construction of the substation, the applicants shall provide erosion and stormwater
management plans for review by Land and Water Conservation Department staff and install all
approved erosion and sediment control measures. 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 completing construction, the approved permanent storm water management
measures shall be implemented, the crushed gravel substrate shall be installed on the yard, and the
remainder of the site shall be stabilized with permanent vegetation as soon as practicable.
5. Within six months of completing construction of the substation, the applicants shall implement the
approved landscaping plan. Within this timeframe, the applicants shall also submit to and have
approved by the Zoning Administrator a maintenance agreement to ensure that all vegetation
establishes successfully and is maintained long-term. The plan shall also include the name and contact
information for the party(s) primarily responsible for long-term maintenance and compliance.
6. Within six months of completing construction of the entire project, the applicants shall submit to the
Zoning Administrator photos and an as-built drawing of the completed substation, driveway access, and
all associated storm water management and landscaping measures to ensure that everything has been
constructed as designed and approved.
7. No signage 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.
8. All lights on the site must be downward directed and shielded away from neighboring properties to
prevent glare. The lights on the equipment shelter shall not exceed the height of the building eaves and
may be left on overnight for security purposes.
9. The property shall be maintained in a neat and orderly manner.
10. Any change in ownership of the property and/or substation, use of the site, facility design, or project
details shall require prior notification of and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the Ordinance.
11. 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.
12. The applicants shall have one (1) year from the date of this approval to commence construction of the
substation and two (2) years from the date of this approval to substantially complete the project. Failure
to do so may result in expiration or revocation of the special exception permit. If the special exception
permit expires or is revoked within this timeframe, the applicants will be required to secure a new
special exception permit. Prior to expiration and/or revocation, the applicant may request extensions of
up to six months from the Zoning Administrator, for a total time not to exceed one year.
13. Accepting this decision means that the applicants have read, understand, and agree to all conditions of
this decision.
The following vote was taken to approve: Nelson, yes; McAllister, yes; Hurtgen, recused; Chairperson Malick,
yes; Peterson, yes. 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 infortnation 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.
ZO G BOARD OF ADJUSTMENT
Signed: 4&a f~
/ kq
Clarence W. "Buck" Malick, Chairperson
Date Filed: 10/27/08
Report for Parcel #002108610200 1 St Croix County, WI Page 1 of 1
2010 Property Record St Croix County, WI
Assessed values not finalized until after Board of Review Property information is valid as of 1114111
Years in red have delinquent taxes
NOTICE: All payments received by County Treasurer will be posted the next day.
Property Description Billing Information
Parcel ID: 002-1086-10-200 Name / Attn.: NORTHERN STATES POWER COMPANY
Map ID: 34.29.16.496B Address: 1414 W HAMILTON AVE
Municipality: TOWN OF BALDWIN City, State, Zip: EAU CLAIRE, WI 54702
Public Land Survey: SECTION 34 29N 16W
Ownership
Quarter: NE
QQ / Tract: NE Primary Owner: NORTHERN STATES POWER COMPANY
Plat: CSM 23-5599 002-2009, LOT 02 Secondary Owner: NO SECONDARY OWNERS LISTED
Description: Deed Information
SEC 34 T29N R16W PT NE NE; BEING CSM 23-5599 LOT 2 Volume Page Document #
(8.320AC) 886759
Property Address: 298 250TH ST 886758
Total Acres: 8.32 ACRES 23 5599 886463
2500 399 753013
Assessed Value 1079 174 516894
Valuation Date: 04/13/2010
Other
Assessment Acres Land Improved Total
Type Value Value Value Fair Market Value $.00
X4-Other 8.32 0 0 0 Assessment Ratio: 1.2545
Totals 8.32 0 0 0 Net Assess. Val. Rate: 0.014388733
Installments School Districts: 231 - SCH D BALDWIN-WDVILLE
Please pay your 1st installment or full payment to
Municipal Treasurer, 2nd installment to the County Tax Detail
Treasurer. Net Tax Before Lottery, First Dollar Credits .00
Period Due Date Amount Lottery Credit .00
1 01/31/2011 .00 First Dollar Credit .00
2 07/31/2011 .00
Total Taxes .00 Net Tax After .00
Amt. Due Amt. Paid Balance
Tax Payment History Net Property Tax .00 .00 .00
Date Receipt Number Amount Special Assessments .00 .00 .00
Special Charges .00 .00 .00
Specials Delinquent Charges .00 .00 .00
Category Amount Private Forest Crop .00 .00 .00
Woodland Tax Law .00 .00 .00
Managed Forest Land .00 .00 .00
Penalties .00 .00
Interest .00 .00
Tota 1 .00 .00 .00
http://stcroixwi.mapping-online.com/StCroixCoWi/ParcelReport.j sp?keyword=002108610... 1/19/2011