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HomeMy WebLinkAbout006-1001-30-100 (2) CROIX co UN#y 4 X01 PLANNING ZONING June 29, 2012 File Ref: SE87431 Wayne and Beverly Alverman 2301 250'h Street Deer Park W154007 ° Re: Special exception permit for an electrical substation, located in section 1, T31N, R16W, Town of Cylon. Code Administmd Dear Mr. Alverman: 715-386-4680 Land Information The St. Croix County Board of Adjustment (Board) has reviewed your application for a Planning' Special exception permit for an electrical substation at the property referenced above. 715-386-4674 After the hearing on June 28, 2012, the Board approved the special exception request with conditions. The enclosed document is the formal decision regarding the application. Real Prop rv 715-3801-'4677 you must obtain any other required local, state, and federal permits and approvals. Should Rec}, ing you have any questions or concerns, please contact me at 715-386-4680. Z15-386-4675 Sincerely, h. 4kx 4914J" Alex Blackburn Land Use Specialist/ Zoning Administrator Enclosure: Formal Decision t L y'c cc: Clerk, Town of Cylon Bill Rakocy, Highland Wind Farm, LLC. 3664 Lakeview Rd., Hubertus Wl 53033 c'4 Y± ST. CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD, HUDSON, Wi 54016 715386,4686 FAX PZC-CO. SAINTC'R01X. W1. US W W W.CO.SAI NTCROIX. W I. US FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87431 Applicant: Wayne and Beverly Alverman Agent: Bill Rakocy of Emerging Energies Location: Section 1, T3 IN, RI 6W, Town of Cylon Hearing Notice Publication: June 11 and 18, 2012 Hearing Date: June 28, 2012 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and reviewed the site the Board of Adjustment makes the following Findings of Fact and Conclusions of Law for the special exception; 1. The property owners are Wayne and Beverly Alverman and the agents are Bill Rakocy and Jay Mundinger of Emerging Energies and Highland Wind Farm LLC. 2. The site is located in the SW 1/4 of the SW 1/4 of section 1, T3 IN, RI 6W, Town of Cylon. 3. The agents filed with the Planning and Zoning Department an application to construct an electrical substation. 4. The property is zoned Agricultural. With conditions to rezone the 2-5 acre piece of property to Ag Residential this proposed substation would be in a zoning district that allows this use by approval of a special exception permit. 5. Once rezoned, this request would not violate the spirit or general intent of the St. Croix County Zoning Ordinance as substations are permitted by special exception in the Ag Residential zoning district. 6. With conditions to plant trees outside the fenced area on the north side, south and east sides to screen the use from adjoining properties, this request would not be adverse to the property values in the area. 7. The PSCW will evaluate for stray voltage as part of their review. According to John Michael Jaeger, Gas Policy Analyst for the Gas and Energy Division for the PSCW there are no threshold values for stray voltage. However, the PSCW encourages a substation design that minimizes stray voltage. 8. The Public Service Commission of Wisconsin in their EMF study found no known health hazards associated with electromagnetic fields in their January publication titled, "EMF-Electric and Magnetic Fields." 9. The proposed substation will generate minimal noise and there will be no dust, smoke or odors. 10. The Town of Cylon recommends conditional approval of this application. The following are conditions that pertain to the special exception request, that are not covered as part of the County application; a) Termination of document number 945363 and number 945362. These documents are recorded with the Alverman property in the Town of Cylon and talk about placing wind conversion towers and wind measurement towers in the Town of Cylon. b) Driveway separation is inadequate and must be addressed to allow safe access to and from the site. c) Repair road and ditch damage caused during construction and minimize soil compaction. d) Training of emergency personnel as indicated in the public service commission application. 11. The Land and Water Conservation Department has approved the storm water and erosion control plans with the condition that the applicants record a storm water operation agreement and maintenance plan against the property. 12. Wisconsin Department of Natural Resources did not submit comments. 13. Opponents of the application testified that the substation should not be approved at this time. The applicant testified that the construction of the substation for Highland Wind Farm Project will not start until the offsite wind turbines have been approved. The Board finds that the applicants will not build the substation until the other approvals are in place. 14. Applicant agreed that a sign informing the public that this is a site of a future substation would be desirable and appropriate. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approves the special exception request, with the following conditions: 1. This special exception permit is for Highland Wind Farm LLC to construct an electrical substation in the Town of Cylon 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 permit and any permits required by the Public Service Commission of Wisconsin. 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, storm water management measures and landscaping have been completed, and as builts have been submitted, at which time the deposit will be refunded in full 4. Prior to beginning construction of the substation, the applicants shall 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. 2 5. 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. 6. No signage, other than those required as posted warnings to the public, 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. Within two months applicants shall put up a 32 square foot sign that states that this is the site of a future electrical substation. 7. Prior to commencing operation of the substation, this property must be rezoned to Ag Residential and a Certified Survey map must be submitted and approved. 8. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. 9. Upon request of any adjacent landowner, a buffer of six foot high trees at time of planting that will reach 80% opacity at maturity shall be planted on the north, south and east sides of the fenced area to screen the use from adjacent properties. The height of the buffer shall be at least as tall as the perimeter fence. 10. Terminate documents numbered 945362 and 945363. 11. Modify the site plan to have one permanent driveway. The second driveway shall be a temporary driveway for construction and properly abandoned when construction is complete. 12. Repair road and ditch damage and minimize soil compaction. 13. Conduct the required emergency personnel training. 14. The applicant shall record a storm water operation agreement and maintenance plan against the property and submit a copy to staff. 15. 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. 16. 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. 17. 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 3 • i t 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 to completion not to exceed seven years. 18. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Hurtgen, yes; Chairperson Malick, yes; Peterson, yes; Nelson, yes; McCallister, yes;. All votes 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(l 0), 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. ZONING BOARD OF ADJUSTMENT Signed: Clarence W. Malick, Chairperson Date Filed: 06/29/12 4