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HomeMy WebLinkAbout040-1038-60-250 Land Use ST. CROI y C T Y Planning & Land Information Resource Management Community Development Department NEWMME~ May 28, 2013 File Ref: SE87790 Hendricks Investment LLC c/o Ed Hendricks 1286 89th Street New Richmond, WI 54017 Re: Special exception in the Ag Residential District Parcel #040-1038-60-250, Town of Troy Dear Mr. Hendricks: The St. Croix County Board of Adjustment (Board) has reviewed your request for the following item: Special exception for a limited commercial recreation activity (vineyard/winery) in the Ag- Residential district pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance After the hearing on May 23, 2013, 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. Sincerely, Pamela Quinn Land Use Specialist Enclosures: Formal Decision cc: Clerk, Town of Troy Brian Wert, Building Inspector Daniel Koepke, agent Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, Wl 54016 Fax 715.386.4686 www.sccwi. us/cdd www.facebook.com/`-Stcroixcounty wi cdd@co.saint-Croix. wi. us FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE87790 Applicant: Hendricks Investments LLC, property owner Agent: Daniel Koepke, future property owner Location: 09.28.19.129A30, Town of Troy Hearing Notice Publication: May 6 and 13, 2013 Hearing Date: May 23, 2013 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 pertinent to the request: 1. The property owner is Hendricks Investments LLC, with Daniel Koepke acting as agent. 2. The site is located at 570 Coulee Trail on Lot 1, CSM Vol. 14/Page 3986 in the NW of the NE 1/4 of Section 9, T28N, R19W, Town of Troy. 3. The applicant submitted a special exception request for a vineyard and winery, which is considered limited commercial recreational activity in the Ag Residential zoning district. The production of wine would meet the ordinance requirement for being subordinate to the primary agricultural use of the property for grape production (viticulture), would be compatible with the residential and agricultural uses on surrounding properties, and would not likely attract other commercial related use. 4. Town of Troy Town Board recommended approval of the special exception request, with conditions that such hours of operations be limited to 10:00 am - 6:00 pm and any installed lighting would be downward cast, there would be no selling of food other than that in the gift shop, that the Town of Troy be allowed inspections and allowed to review the conditions set upon it. 5. Jeff Abboud, WisDOT regional planner, reviewed the application and stated that the Department had no comment on the special exception request. 6. The proposed winery and vineyard would meet several goals and objectives in the St. Croix County Comprehensive Plan 2012 - 2035, which includes promoting the growth and development of new businesses in the county, support economic incentives for agricultural landowners to retain productive agricultural lands in agricultural use, provide quality recreational opportunities for residents throughout the county, and provide quality educational opportunities. 7. The site is located in an area of residences and small farms, is only 17.5 acres, and is not prime farm land. The applicant testified that grapes from other producers in St. Croix County would be used in the production of wine. 8. The applicant testified that grapes grown on the site for wine production would be available no earlier than 2017. It is understood that in the first few years the applicant will import grapes to allow wine production. This is expected to decrease as the applicant's own grapes come into maturity for use in wine making. 9. The POWTS for the principle structure has been designed for a 3-bedroom residence. The applicant testified that the residence would be remodeled to only one (1) bedroom. The agent anticipates • • intermittent public use of the existing handicap-accessible restroom, but not until May 2014. The POWTS capacity will need to be evaluated to verify that it is adequate to accommodate wastewater flows that may be generated by visitors to the winery. If it is adequately sized to handle wastewater flows for residential and public use, no changes will be required as long as only domestic wastewater is discharged into the POWTS. If necessary, separate sanitary facilities (satellite toilets) will be provided for visitors to avoid damaging the POWTS. Wastewater generated by wine production may require installation of a Dept. of Natural Resources holding tank; it cannot be co-mingled with domestic wastewater. With conditions for obtaining permits for installation of state-approved wastewater treatment and/or containment components and implementing required maintenance schedules, this request will not create a public health or environmental hazard. 10. Proposed hours of operation for the winery activities will be seasonal (March through December) 10:00 a.m. to 6:00 p.m. Wednesday through Sunday. Number of vehicles during business hours is expected to be no greater that twelve at a time, but that does not answer the question of how many per day. Calculations for peak traffic on a nice weekend late summer day is as follows: 10-1 lam (3 cars); 1I- 12pm (3 cars); noon-Ipm (12 cars); 1-2pm (12 cars); 2-3pm (6 cars) 3-4pm (3 cars) ; 4-5pm (3 cars); 5- 6pm (3 cars) for a total of - 45 per weekend day. Weekday traffic is expected to be 10-11 am (3 cars); 11-12pm (3 cars); noon-Ipm (5 cars); 1-2pm (5 cars); 2-3pm (3 cars) 3-4pm (3 cars); 4-5pm (3 cars); 5- 6pm (3 cars) for a total of - 25 per week day. 11. The winery and vineyard will be operated by the applicant's agent, who will be residing on the property. There is potential for use of horticulture students' assistance during internships that may be arranged in cooperation with UWRF. 12. Visitor traffic to the winery will be routed via the existing driveway entrance off Coulee Trail to designated parking spaces close to the building. There is approximately 3000 sq. ft. on the main floor of the building. Some of this will be off limits to visitors (strictly wine making and storage). Thus there will be - 2000 sq ft. for visitors. Using the one parking spot per 300 sq. ft. as required in Section 17.57(6), a minimum of seven parking spots for visitors plus one for residents are needed. The applicant intends to have twelve parking spaces (more than the minimum requirement). With conditions for providing adequate off-street parking to customers visiting the vineyard and winery per Section 17.56 of the county ordinance, this request would not be contrary to public health and safety. 13. The applicant's agent intends to offer for sale wine produced and bottled on the site, as well as related wine accessory items (stoppers, glasses with winery logo). With conditions for obtaining the necessary permits and retail liquor licensing required by the state and town, this request will comply with regulations pertaining to the production of wine in the State of Wisconsin, as well as Federal Alcohol and Tobacco Trade and Tax Bureau (TTB). DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board of Adjustment approved the special exception request, with the following conditions: 1. This special exception permit allows the applicant's agent, Dan Koepke, to operate a vineyard and winery as a limited commercial recreational activity on the site, as indicated in the application and as provided in the conditions below. This approval does not include any additional uses, structures, or 2 ! 0 activities on this site. Remodeling to create any more than one bedroom in the residence will require I'I amendment of this permit. 2. Any aggrieved or interested party may request a reconsideration of this decision based upon Article VIII Section 6 of St. Croix County Board of Adjustment Rules and By-Laws. A request for reconsideration must be in writing and submitted with new written evidence. It must be filed with the Board of Adjustment at least 15 days prior to the next regularly scheduled meeting. 3. The applicants shall be responsible for complying with any other local, state, or federal (TTB) permit requirements, licenses and approvals, including but not limited to a building permit and municipal liquor licensing. 4. Hours of operation for the winery activities will be seasonal (March through December) 10:00 a.m. to 6:00 p.m. Wednesday through Sunday. 5. Prior to any wine tasting events, adequate sanitary facilities, either indoor or satellite toilets, must be available to visitors. The existing POWTS must be evaluated to determine if it has adequate capacity to assimilate wastewater generated by the combined residential and public use. If it does not have the ability to properly treat the estimated wastewater flows, the POWTS must be modified in compliance with all pertinent regulations contained in Wis. Admin. Codes SPS 382 and SPS 383 and with the county sanitary ordinance. 6. Twelve (12) parking spaces will be provided, which includes at least one handicap accessible and one designated for the residence. Parking areas, if gravel, shall be watered down as needed to prevent dust from vehicular traffic. 7. No paved parking has been proposed at this time, but a storm water management plan must be submitted for review and approval that will provide infiltration of estimated runoff from future paved areas. 8. Except for reasons of uncontrollable crop failure, starting in 2017 applicant's wine sales will be at least 33% homegrown grapes, 33% from nearby grape growers, and the remainder from other sources. These percentages may be adjusted during the 2017 Board review. 9. Sales will be limited to grapes, wine, and accessory items with company name or logo such as wine stoppers, or glasses, and complimentary cheese, crackers, or chocolate to be consumed on the premises. These restrictions may be adjusted during the 2017 Board review. 10. No signage, other than those required as posted warnings to the public, is approved as part of this permit. All signage on and off the site must adhere to the standards and permit requirements in the St. Croix County Sign Ordinance Section 17.65. 11. All lights on the site must be downward directed and shielded away from neighboring properties and the road to prevent glare. 12. Prior to any activity on this site, 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 conditions have been met, at which time the deposit will be refunded in full. 3 13. 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. 14. Any change in ownership of the property, 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. 15. The applicants shall have two (2) years from the date of this approval of this special exception to commence the use of this site for production of grapes and wine and to substantially complete improvements to buildings and parking areas. 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. The Zoning Administrator will schedule this permit for review by the Board in 2017 and the Board may make modifications to conditions at that time. 16. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of this decision and authorizes unannounced compliance inspections by county or Town of Troy officials during business hours. The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; McAllister, absent; Sontag, yes; Nelson, yes. 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(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. NING O ADJU TMENT Signed: Clarence W. "Buck" Malick, Chairman Date Filed: May 28, 2013 4