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HomeMy WebLinkAbout010-1051-10-000(3) 'I qu -I" ZONING ACTIVITY WORKSHEET Property ID a - I Q S 1 - b -66b Parcel U~. ?J C~ . 31 Municipality: 4v A, 6,1- d, Property Address: 02 Owner Name: Other Interest: {2t C ` Other Interest: Activity: Special ExceptionVariance Rezonement Request Date: Acres: do Zoning District: A2 AG A/R RES COM IND Past Zoning: A2 AG A/R RES COM IND Overlay Distric . ETLAND FLOODPLAIN RIVERWAY Type of Variance/Special Exception: Ordinance Citation: (..)(n) yt Z ~C )L3 Ordinance: ZONING SANITARY SUBDIVISION Conditions: ~k5 1- 2-0 Decision: APPROVED DENIED WITHDRAWN Date of Decision: 0 a, - Notes: _ upport -Linked to Rezoning -Objections -Hardship editions S*aROIX COUNTY WISCONSIN ZONING OFFICE - ST. CROIX COUNTY GOVERNMENT CENTER ~xux~n 1101 Carmichael Road Hudson, WI 54016-7710 (715) 386-4680 Fax (715) 381-4686 March 30, 2001 File Ref: 2-01 John Vrieze Emerald Dairy 2487 County Road G Emerald, WI 54012 Re: Board of Adjustment Decision Dear Mr. Vrieze: The St. Croix County Board of Adjustment has reviewed your request for a special exception for the expansion of your livestock business and for a permit for filling and grading and has approved your request with conditions. The enclosed document is the formal decision regarding your application. Should you have any questions or concerns, please do not hesitate in contacting me. Sincer , Steve Fisher Zoning Director dz Enclosure cc: Norma Albrecht, Clerk - Town of Emerald, w/enclosure St. Croix County Land and Water Conservation Dept. FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 02-01 Complete Application Received: January 15, 2001 Hearing Notice Publication: Weeks of February 5 and 12, 2001 Hearing Date: February 22, 2001 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony, considered the entire record herein, and conducted an on-site inspection, the Board finds the following facts: 1. The applicant is John Vrieze, of Emerald Dairy, whose address is 2487 County Road G, Emerald, Wisconsin. 2. The applicant filed with the Zoning Office an application for a special exception permit to expand his livestock operation to include 3,400 dairy cows onsite. Applicant currently has a permit to operate a livestock business consisting of 1,400 dairy cows on site. The applicant plans to incorporate Ecofuels technology to handle and treat the manure from this facility. 3. The applicant is also requesting a permit to allow filling and grading in the Shoreland District. 4. The property is located in the NE '/4 of the NE '/4 of Section 22, T30N-R16W, Town of Emerald. 5. The Board believes the design to be adequate to meet the requirements for this application. 6. The applicant is working with the Zoning Office and the Land and Water Conservation Department on this project. 7. The Board found that the applicant has worked with all appropriate agencies to secure proper permits for the proposed project and these agencies have no objection to the project. 8. The Board of Adjustment found that this special exception application conformswith the requirements for granting a special exception under Section 17.15(6)(o) and Section 17.29(2)(c)(3). 9. The Board of Adjustment found that the spirit and intent of the ordinance will be met by granting this special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved the applicant's request for a special exception permit to expand his livestock operation and a permit for filling and grading based on the following findings: 1) The Town of Emerald has recommended approval of the request. 2) The Land and Water Conservation Department has reviewed and approved of the request. 3) No public opposition was expressed. 4) The Board found this to be a professionally designed, state of the art facility. 5) The spirit and intent of the ordinance will be met by granting this request. With the following conditions: 1.) This permit allows Emerald Dairy to maintain a maximum of 3,400-dairycows onsite and to incorporate the Ecofuels technology to handle and treat the manure from this facility. Ecofuels is incidental and secondary to the existence of Emerald Dairy. The Ecofuels Facility is only allowed to treat the manure from this facility. 2.) Manure Handling a. The entire nutrient management plan and conservation plan shall be reviewed by the St. Croix County Land and Water Conservation Department two years from the date of issuance of the county special exception permit and annually thereafter. b. A thorough review of the manure handling system shall be conducted by the St. Croix County Land and Water Conservation Department annually to insure that the system meets or exceeds industry standards. c. Buffer strips must be established at the agreed upon widths at the locations defined by the crop consultant with concurrence of the St. Croix County Land and Water Conservation Department within one year of the issuance of permit. d. Soil sample size shall be brought into compliance with the one sample per five- acre recommendation within three years of the date of issuance of the county special exception permit. Flow monitors shall be installed by owner on all liquid manure applicator equipment. The devices shall be calibrated and certified annually by a licensed inspector at owner's expense. A copy of the certificate of calibration shall be provided to the zoning office. Flow rate data shall be retained for periodic review by the St. Croix County Land and Water Conservation Department. e. The St. Croix County Land and Water Conservation Department shall be notified at least five days prior to pumping of storage facilities. f. Winter spreading shall be limited to no more than 30 days on sites approved by the St. Croix County Land and Water Conservation Department, excluding bedding pack. g. The leak detection system shall be inspected annually by owner, commencing on the first anniversary of the date of issuance of the county special exception permit . If a leak is suspected, then an investigation to find the source will be conducted by the owner's engineer. h. Any additional nutrients to be applied above rates designated within the plan must be approved by the St. Croix County Land and Water Conservation Department. Above designated rates may be allowed in order to build soil test phosphorous levels to the optimum level or in order to fertilize for a higher approved yield goal. 3.) An environmental bond/insurance policy for Emerald Dairy/Ecofuels shall be submitted to the St. Croix County Zoning Department in the amount of 2.2 cents per gallon multiplied by the total gallons of manure storage capacity of this facility (existing and proposed). Gallons calculated include all reception pits, transfer systems and storage facilities. This bond shall be in effect for the life of this operation and/or as long as the lagoons or other storage facilities contain manure. The bond will be released by the county if the operation ceases and the lagoons and other storage facilities are empty. This bond shall 2 r cover the cost of pumping, hauling, and spreading of manure from the lagoons, and abandonment of all manure storage facilities to protect the public and/or the environment. This bond is to be submitted prior to commencing construction on site. 4.) A construction schedule shall be submitted to the Zoning Office prior to commencing any construction. 5.) The barns shall not be populated until all environmental issues are addressed adequately and permits received (i.e. manure system, storm water management, seedings, leachate collection...). The St. Croix County Land and Water Conservation Department shall make this determination. 6.) An approved manure storage pad for the existing barn shall be constructed within one year of the date of issuance of the county special exception permit to deal with frozen manure unless an alternative method of managing frozen manure is approved by the St. Croix County Land and Water Conservation Department. 7.) Transfer chamber #6 shall be an adequate distance away from the existing collection manhole to prevent damage to the clay liner around it. 8.) Duplex pumping shall be installed in transfer chamber #5. 9.) A circle drive shall be installed for the Ecofuels pad. 10.) A designed spillway shall be installed in the leachate collection area of the commodities pad. 11.) At the completion of the project a complete as-built plan of the facility, along with typed field notes containing inspection datgs and summary of all inspections, must be submitted to the St. Croix County Zoning and Land and Water Conservation Departments. 12.) This county special exception permit must be renewed by the Board of Adjustment at the same time the Department of Natural Resources reissues the Wisconsin Pollution Discharge Elimination System (WPDES) permit. (December, 31 2004). 13.) All other required permits (federal, state) must be applied for and received prior to commencing any construction, excluding the WPDES permit. 14.) The owner shall comply with the engineer designed and approved facility plans as approved by the St. Croix County Board of Adjustment, Zoning Office and Land and Water Conservation Department. 15.) 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 and the Land and Water Conservation Department 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. 16.) The St. Croix County Land and Water Conservation Department and Zoning Office have the ability to make additional recommendations and conditions if unanticipated conditions 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. 17.) The owner shall secure a land use permit from the Zoning Office for the animal storage facility prior to commencing site construction. ($125.00 permit fee) 18.) All exterior lighting related to Emerald Dairy and Ecofuels shall be shielded and illuminated downward. 3 19.) The dry run south of the construction site shall be evaluated by the Zoning Department this spring after snowmelt to determine if it's navigable or not. If the Zoning Department deems the dry run navigable then the applicant must follow the appropriately engineered design. 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: Peterson, yes; Golz, yes; Rose, yes; Chairperson Speer, 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(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, which is available from Northwestern Court Reporters, Hudson, Wisconsin. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit court. Z NING BOARD F ADJUSTMENT Signed: ` Chair rs Attest Dated: 03/30/01 g Filed: 03/30/01 4