HomeMy WebLinkAbout006-1015-40-000(2)
S?8 CROIX COUNTI
PLANNING ZONING
December 28, 2006 File Ref: SE0104
Tim Ramberg
St. Croix County Highway Department
920 Third Street
PO Box 108
Hammond, Wl 54015
Code Administratwn Re: St. Croix County Special Exception Request
715-386-4680
Parcel #s: 07.31.16.1040 and 07.31.16.104A, Town ofie C (6 r)
Land Information 8
Planning Dear Mr. Ramberg:
715-386-4674
The St. Croix County Board of Adjustment (Board) has reviewed your special exception
Real Praerry application to construct and operate a highway equipment and materials storage facility in the
715.4386-4677 Ag Residential District in the Town of Cylon. After the hearing on December 28, 2006 the Board
Recycling voted to approve the application with conditions. The enclosed document is the formal decision
715-386-4675 regarding the application.
Your must obtain any other required local, state, and federal permits and approvals. Please feel
free to contact me with any questions.
Sincerely,
ennifer Shillcox
Land Use Specialist/ Zoning Administrator
Enc: Decision
Cc: Clerk, Town of Cylon
Steve Olson, St. Croix County Land and Water Conservation Department
ST CROJX COUNTY GOVERNMENT CENTER
1101 CAR,%41cHAEL ROAD, HUDSON. Wl 54016 7153'36-4ob6 rAX
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FINDINGS, CONCLUSIONS, AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY, WISCONSIN
File: SE0104
Applicant: St. Croix County Highway Department
Parcel ID 07.31.16.104C, 07.31.16.104A
Complete Application Received: October 2, 2006
Hearing Notice Publication: Weeks of December 10 and 17, 2006
Hearing Date: December 28, 2006
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and reviewed the site the Board makes the following
findings of fact and conclusions of law:
1. The applicant is the St. Croix County Highway Department, property owner.
2. The site is located on State Highway 46 just south of the Village of Deer Park in SE '/4 of the SE '/4 of Section 7,
T31N, R16W, Town of Cylon, St. Croix County, Wisconsin.
3. The applicant filed with the Planning and Zoning Department an application for a special exception permit to
construct and operate a new highway equipment and materials storage facility with an office in the Ag Residential
District pursuant to Section 17.15(6)(u) of the St. Croix County Zoning Ordinance.
4. Through the sharing of office facilities with the Town of Cylon and allowing for the use of an existing well by
local emergency services, this request supports several goals and objectives in the St. Croix County Development
Management Plan aimed at encouraging intergovernmental cooperation.
5. This request would not violate the spirit or intent of the St. Croix County Zoning Ordinance in that a County
highway facility with an office to be shared for town use is a reasonable and appropriate use in the Ag Residential
District, which the property is currently zoned. Its location on a state highway in the eastern portion of the County
will allow the Highway Department to continue to maintain county trunk highways in the area, as well as
roadways under contract with the State of Wisconsin and in the Village of Deer Park and the towns of Cylon.
Stanton, and others.
6. This request would not negatively impact the health, safety, or welfare of the public. The proposed facilities will
be surrounded by a security fence, and will provide a safe yet appropriately sized and located site from which the
Highway Department can stage ongoing maintenance and repair for roadways in the area and promptly respond to
municipal requests for maintenance assistance on a year-round basis.
7. This request would not be substantially adverse to property values for nearby residences. The site had previously
been used as a nonmetallic mine. The proposed facilities will feature similar traffic patterns and less intensive
activities occurring on the site. Additionally, the facilities will provide the Town of Cylon with office space to
conduct business functions and meetings to better serve area residents. With conditions for managing storm water
runoff, properly containing fuel and other hazardous materials, and planting additional native trees and shrubs as
necessary to screen the facilities and equipment from adjacent residential properties, potential negative impacts
from the proposed facilities can be mitigated.
8. With conditions for shielding light sources and planting additional native trees and shrubs as necessary to visually
screen and buffer noise from adjacent residential properties, this request would not constitute a nuisance.
9. Based on the square footage of the office, the anticipated number of county and town employees, and the
proposed uses on the site, the number of paved parking stalls exceeds parking requirements pursuant to Section
17.57 of the St. Croix County Zoning Ordinance. The seating capacity of the office is unknown, however. it
appears that there may be adequate paved area to the south of the shop to accommodate overflow parking for
large town meetings.
10. The proposed buildings, parking lot, and driveway entrance meet required road setbacks and spacing requirements
pursuant to Section 17.60 of the St. Croix County Zoning Ordinance.
11. The proposed sign is appropriately sized and designed for the proposed use and location. With a condition to
ensure that the setback from the ROW of State Highway 46 is at least 10 feet, the sign will meet the general sign
standards pursuant to Section 17.65(2) of the St. Croix County Zoning Ordinance.
12. With conditions for limiting mining activities to no more than one acre in area during the life of the operation and
ensuring ongoing reclamation as aggregate reserves are depleted, this request will comply with the standards in
the St. Croix County Nonmetallic Mining Ordinance.
13. The Town of Cylon will be using the proposed office for general town functions and possibly meetings. The
Town Board recommends approval of this request.
14. The St. Croix County Land and Water Conservation Department recommended that the proposed storm water
infiltration area be constructed consistent with the Wisconsin Department of Natural Resources practice standard
for infiltration basin, and that the applicant verify that the bottom elevation of the proposed infiltration basin is
five feet above groundwater and bedrock. The applicant has adequately addressed these recommendations.
15. The St. Croix County Highway Department is the applicant and as such has not submitted a recommendation.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's
special exception request, with the following conditions:
1. This special exception permit is for the St. Croix County Highway Department, property owner and applicant, to
construct and operate a new highway equipment and materials storage facility with an office in accordance with
the plans submitted on October 2, 2006 and as provided in the conditions below. Approval for this special
exception permit does not include any additional structures, impervious coverage, mining, filling and grading, or
other activities.
2. The applicant shall be responsible for securing all necessary local, state, and federal permits and approvals,
including but not limited to necessary sanitary permits and approvals.
3. Prior to commencing construction, the applicant must record an affidavit against the property referencing the
revised storm water management plan and an operation and maintenance agreement for the infiltration area, and
provide a recorded copy to the Zoning Administrator. The intent is to make future committee members and/or
future property owners aware of the responsibilities and limitations incurred as a result of the plans.
4. Prior to commencing construction, the applicant must submit to and have approved by the Zoning Administrator a
reclamation plan for the area that is to remain open for mining in the southeast corner of the site. Reclamation
shall occur on an ongoing basis as materials are depleted. The mined area shall not exceed one acre through the
life of the operation in compliance with Section 14.1.F.1.a.8) of the St. Croix County Nonmetallic Mining
Ordinance, unless the applicant applies for and obtains a nonmetallic mining permit.
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5. Prior to commencing construction, the applicant shall submit a landscaping plan extending the tree plantings to
within 33 feet north of the centerline of the paved driveway and increasing the current level of vegetation to create
a buffer at least 10 feet in width with native evergreen trees and shrubs at least six feet in height at the time of
planting on both the north and south sides of the driveway to better screen the parking lot from residential
properties across Highway 46 and retain the rural character and natural beauty of the area. The landscaped buffer
shall attain at least 80% opacity at maturity. Within six months of completing construction, the applicant shall
submit to the Zoning Administrator photos of all completed buildings, parking areas, outdoor storage areas, storm
water infiltration areas, signs, lights, and landscaping, and certification from the project engineer that everything
has been constructed as designed and as approved by the Board.
6. Immediately upon completing construction, temporary ground cover shall be used until permanent vegetation is
established. Erosion control measures shall remain in place until permanent vegetation is established.
7. The applicant shall maintain a minimum of 14 paved parking stalls in accordance with the plans submitted, and
shall be responsible for providing adequate off-street parking for all town functions and meetings.
8. The proposed sign must be located a minimum of 10 feet from the ROW of State Highway 46, and the lighting
shall be designed to prevent glare onto adjacent properties. All general standards in the St. Croix County Signage
Ordinance shall be strictly adhered to. Any change or addition in on-site signage, including but not limited to
signage for the Town of Cylon, requires prior approval by the Zoning Administrator, who may determine that
approval from the Board of Adjustment is needed.
9. All lights on the site and on buildings 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. Pole lights in the parking lot shall only be on during
occasional extended hours for road projects, winter road maintenance, and town functions and meetings.
10. Normal hours of operation for the St. Croix County Highway Department and the Town of Cylon shall be from
6:00 AM to 4:00 PM during the construction season and from 7:00 AM to 3:30 PM during the remainder of the
year. Hours may be as much as 24-hours per day seven days a week during the winter maintenance season. The
Town of Cylon may use the proposed office for general town functions and meetings.
11. Upon complaints of regularly occurring, excessively loud noise at any time, the applicant shall work with the
Zoning Administrator to abate the noise problem. The applicant proposes the 90-dBA permissible exposure limit
currently enforced by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and
Health Administration (MSHA) and as measured at the property line. In the event that the matter cannot be
resolved administratively, the applicant shall take the matter before the Board of Adjustment at a public hearing.
12. The property shall be maintained in a neat and orderly manner.
13. All fuel and other hazardous materials shall be stored in accordance with applicable state and federal standards.
14. The applicant shall contact the Zoning Administrator to review this special exception permit in two years from the
approval date (December 2008) 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.
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15. 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.
I
16. The applicant shall have two (2) years from the approval of this special exception permit 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 revolted, the applicant will be required to secure a new special
exception permit to continue the operation.
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: Nelson, yes; Struemke, yes; Luckey, yes; Chairperson Malick, yes. Zoerb was
not present.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the tiling 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.
ZONING BOARD OF ADJUSTMENT
Signed: /
Date Filed: 12/28/06 Clarence W. Malick Chairpe
4
Parcel 006-1015-40-000 09/23/2008 09:10 AM
PAGE 10F1
Alt. Parcel 07.31.16.104C 006 - TOWN OF CYLON
Current X ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type
00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - ST CROIX COUNTY, GRAVEL PIT
GRAVEL PIT ST CROIX COUNTY
PO BOX 108
HAMMOND WI 54015
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description ' 2212 HWY 46
SC 0119 AMERY
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 31.358 Plat: 1501-CSM 06-1501 006/1985
6SEC 7 T31 N R1 6W SE SE LOT 2 OF CSM Block/Condo Bldg: LOT 02
6/1501 EXC PT TO PARCEL DESC 998/326
ASSESSMENT INC P104A Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
07-31N-16W SE SE
Notes: Parcel History:
Date Doc # Vol/Page Type
01/06/2005 784353 2727/115 WD
07/23/1997 1202/444 WD
07/23/1997 998/326 QC
07/23/1997 702/469
more...
2008 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 08/10/2006
Description Class Acres Land Improve Total State Reason
COUNTY X3 31.358 0 0 0 YES
Totals for 2008:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Totals for 2007:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: 04/17/2001 Batch PRGRM
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel 006-1015-20-000 09/23/2008 09:10 AM
PAGE 10F1
Alt. Parcel 07.31.16.104A 006 - TOWN OF CYLON
Current X ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map # Sales Area Application # Permit # Permit Type
00 0
Tax Address: Owner(s): O = Current Owner, C = Current Co-Owner
O - ST CROIX COUNTY, GRAVEL PIT
GRAVEL PIT ST CROIX COUNTY
PO BOX 108
HAMMOND WI 54015
Districts: SC = School SP = Special Property Address(es): Primary
Type Dist # Description
SC 0119 AMERY
SP 8020 UPPER WILLOW REHAB DIST
SP 1700 WITC
Legal Description: Acres: 28.335 Plat: 1501-CSM 06-1501 006/1985
SEC 7 T31 N R1 6W SE SE LOT 3 OF CSM Block/Condo Bldg: LOT 03
6/1501 EXC PT TO PARCEL DESC 998/326
ASSESSED WITH P104C Tract(s): (Sec-Twn-Rng 40 1/4 160 1/4)
07-31N-16W SE SE
Notes: Parcel History:
Date Doc # Vol/Page Type
01/06/2005 784353 2727/115 WD
07/23/1997 1202/444 WD
07/23/1997 998/326
07/23/1997 771/517 more...
2008 SUMMARY Bill Fair Market Value: Assessed with:
0
Valuations: Last Changed: 08/10/2006
Description Class Acres Land Improve Total State Reason
COUNTY X3 0.000 0 0 0 NO
Totals for 2008:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Totals for 2007:
General Property 0.000 0 0 0
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
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