HomeMy WebLinkAbout018-1045-90-000 (2) CO S? CROIX
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AA A UN
PLANNING &. ZONING
June 2, 2008 File Ref: SE0166
Steve and Judy Guise
366 Vorwald Street
>_ River Falls,WI 54022
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Re: St. Croix County After-the-Fact Special Exception—Commercial Use
Parcel#: 21.29.17.321D,Town of Hammond
Code Administrati #
715-386-4680 Dear Mr. and Mrs. Guise:
Land Information <>
Planning The St. Croix County Board of Adjustment (Board) has reviewed your after-the-fact special
715-386-4674,,,>" exception to operate a propane and propane equipment storage and transfer facility in the
'' Commercial District in the Town of Hammond. After the hearing on May 29, 2008, the Board
Real Pry approved the special exception request with conditions. The enclosed document is the formal
715.: G-4677 decision regarding the application.
Rycbng
' 5-386-4675 Your must obtain any other required local, state, and federal permits and approvals. Feel free to
contact me with any questions or concerns.
` ., Sincerely,
'
is
Jenny Shil cox
F Land Use Specialist/Zoning Administrator
- > Enclosures: Formal Decision
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cc: Clerk, Town of Hammond
Steve Olson, St. Croix County Land and Water Conservation Department
Jack Colvard, St. Croix County Emergency Management
`F Jeff Abboud, Wisconsin Department of Transportation
`#f.
Sr CRO/X COUNTY GOVERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 71538&4686 FAX
PZC�CO.SA/1 T-CROIX.LYLUS WW\eV.00.SAINT—CR0IXA1A.US
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0166
Applicants: Steve and Judy Guise,Ultra Energy,Inc.
Parcel ID#: 21.29.17.321D
Complete Application Received: April 3,2008
Hearing Notice Publication: Weeks of May 11 and 18, 2008
Hearing Date: May 29,2008
FINDINGS OF FACT AND CONCLUSIONS OF I,AW
Having heard all the testimony,considered the entire record herein, and visited the site,the Board makes the
following Findings of Fact and Conclusions of Law:
1. The applicants are Steve and Judy Guise,property owners and owners of Ultra Energy,Inc.
2. The site is located at 1785 US Highway 12 in the NE '/4 of the NE 1/4 of Section 21,T29N,R17W, Town
of Hammond, St. Croix County,Wisconsin.
3. The applicants filed with the Board of Adjustment an application for an after-the-fact special exception
permit to continue operating a propane equipment storage and transfer facility in the Commercial
District pursuant to Section 17.18(1) of the St. Croix County Zoning Ordinance. Specifically, the
applicants propose to store propane in two 30,000 gallon propane tanks and to construct a 2,500-square
foot storage shed to be used for storing propane related fittings, copper tubing, equipment for installing
residential propane systems, and company vehicles. All vehicles and equipment will be stored in the
shed when not in use,with the exception of propane bobtails that must be parked outside but will be
secured with fencing. Additionally,up to 30 empty 500-gallon residential tanks will also be stored
outside on the site. These tanks will be filled on the site and delivered to customer locations.
4. The proposed propane facility will be located on a 2.42-acre lot that was recently rezoned from Ag
Residential to Commercial in 2008.The lot had previously been used as an anhydrous ammonia storage
and transfer site that served agricultural operations in the area for nearly 30 years.In 1993,the Town of
Hammond identified the site for future commercial use in its Land Use Map,and in October 2003,the
Town of Hammond Town Board gave the previous property owner,Eric Larson,permission to store liquid
propane in a 30,000-gallon tank,which still exists on the site.The St.Croix County Planning and Zoning
Department has no record of any complaints or problems on the site during this time.
5. This proposed propane facility would not violate the spirit and intent of the St.Croix County Zoning
Ordinance in that it is a reasonable and appropriate use in the Commercial District,which the property is
currently zoned.The location of this property is acceptable for the proposed use due to the fact that it is
located on US Highway 12 and will provide propane to the rapidly growing Hammond area. The proposed
facility will provide a service for agricultural operations and residential development in the Hammond
area.
6. The proposed propane facility will meet several goals and objectives of the St.Croix County Development
Management Plan by diversifying the economy and providing employment opportunities.
7. According to the applicants,the existing storage and transfer facility already complies with all state and
federal safety standards and will be brought up to the new NFPA#58 safety standards this summer.
Traffic will be minimal and largely seasonal,with no customers reporting to the site and currently only
one employee reporting to the site.Up to 5-7 trips will be generated per day for propane transports to the
site and deliveries to customers during the winter months,less during the summer months. Additional
employees will be hired as needed in the future, which will increase the traffic estimates.With conditions
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requiring the im p lementation of storm water management and erosion control measures s to ensure that
runoff is infiltrated on the site and does not drain onto adjacent property; filling and storing all filled tanks
on a properly contained and impervious surface;paving all main driving and parking surfaces; and
providing landscaping that substantially screens all outside storage and parking areas from the adjacent
residential development to the east; granting this request would not be contrary to the health,safety,or
welfare of the public,nor would it be substantially adverse to property values for nearby residences.
8. According to the applicants,the proposed propane facility will have no odor and it will be a relatively
quiet operation.Lighting will be installed around the tanks for security purposes.With conditions for
limiting the hours of operation, shielding light sources,and limiting noise from the site,this request would
not constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors.
9. With the conditions listed in Findings#7 and#8 above and an additional condition providing the Town of
Hammond an opportunity to request a reconsideration of the Board's decision since the Town Board has
not submitted a formal recommendation on this application(see Finding#12 below),the standards would
be met to grant the special exception permit for the proposed transfer facility pursuant to Section
17.18(1)(a-f)of the St.Croix County Zoning Ordinance.
I O.The applicants currently have sufficient area for off-street employee parking and equipment storage on the
site.With the conditions in Findings#7 and#8 above and an additional condition to provide more off-
street as deemed necessary by the Zoning Administrator for a growing number of employees and/or
increased storage needs,the proposed propane transfer facility would comply with the parking
requirements in Section 17.57 of the St.Croix County Zoning Ordinance.
11.It is currently unknown whether or not the proposed storage shed would meet the required road setback
from US Highway 12 pursuant to Section 17.60 6.a. of the St. Croix County Zoning Ordinance.
12.The Town Board has been sent a copy of the special exception application but has not submitted a
recommendation for the Board's consideration.In 1993,the Town of Hammond identified the site for
future commercial use in its Land Use Map.In 2003,the Town of Hammond Town Board gave the
previous property owner,Eric Larson,permission to store liquid propane in a 30,000-gallon tank,which
still exists on the site.In 2007,the Town Board approved the applicants'request to rezone the site from
Ag Residential to Commercial to support the proposed propane facility.
13.The St. Croix County Land and Water Conservation Department has reviewed the application and visited
the site,and observed fairly substantial drainage from the east that drains across the applicants' property
to the west.The Department also reviewed additional storm water and erosion control plans submitted by
the applicant,which it finds to be adequate provided the proposed rock infiltration bed is a minimum
depth of six inches. The Department finds that the proposed waterway is also adequate for the associated
watershed,but recommends that additional storm water management measures be installed if impervious
coverage is going to be added to the site. It further recommends that the storm water plan be designed to
infiltrate 1.5 inches of runoff from all newly created impervious coverage on the site and that silt fence
remain until all vegetation re-establishes on the site.
14.The Wisconsin Department of Transportation has reviewed the application and has no comment
concerning the use of the property.The department has verified that the only public road access is from
US Highway 12 and that the access has already been permitted.
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15.The St. Croix County Emergency Management Office has informed the Board of Adjustment that the
applicant will be responsible for reporting to the state and county the amount of propane stored on the
site currently and in previous years per the requirements of the Emergency Planning and Community
Right to Know Act(EPCRA).
16.At the hearing on May 29,2008, a neighboring property owner testified that she questioned some of the
information presented by the applicant and expressed that her main concern was traffic safety along US
Highway 12.
17.On the site visit conducted on May 29,2008,the Board members observed that visibility was a safety
concern along US Highway 12 and that any screening should be as far back from the right-of-way as
practical.
DFCISTON
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board approved the
after-the-fact special exception request,with the following conditions:
1. This after-the-fact special exception permit allows Steve and Judy Guise, Ultra Energy, Inc., to operate a
propane equipment storage and transfer facility in the Commercial District as indicated in the plans
submitted and as provided in the conditions below. Approval for this special exception permit does not
include any additional grading and filling,structures,impervious coverage, or uses.
2. The Town of Hammond and any other aggrieved party may request a reconsideration of this decision 15
days prior to the next regularly scheduled Board of Adjustment meeting in accordance with the St. Croix
County Board of Adjustment Rules and By-Laws.
3. Prior to commencing construction of the building, the applicants shall secure all necessary local, state,
and federal permits and approvals, including but not limited to a town building permit and meeting the
recording requirements of the County and State Emergency Management Offices.
4. Within 30 days of this approval, 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 the storm water
measures, landscaping, and paving 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(see Condition#7 below).
5. Within 30 days of this approval, the applicants shall submit to and have approved by the Zoning
Administrator a revised site plan showing:
• the location of the proposed storage shed,which must be no closer than 50 feet from the right-of-way
of US Highway 12.The approved storage shed shall be constructed within one year of this approval.
• a paved entrance with minimum width of 24 feet and minimum turn radius necessary to accommodate
the size of vehicles using the site, a paved employee parking lot, and a paved and properly contained
fueling and loading area. All areas designated for employee parking, work vehicle parking, fueling
and loading, and the storage of filled tanks shall be paved and marked appropriately. The driveway
entrance, work vehicle parking and fueling and loading areas shall be paved with concrete no later
than August 31, 2008. All remaining driving and employee parking areas shall be paved no later than
May 31,2009. The applicants shall be responsible for maintaining sufficient paved, off-street parking
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on the site throughout the duration of the operation, and may be required to provide additional off-
street parking as deemed necessary by the Zoning Administrator.
• the location and depth of the proposed rock infiltration bed, as well as additional storm water
management measures designed to infiltrate 1.5 inches of runoff from all newly created impervious
coverage on the site. All storm water management measures shall be installed and completed no later
than August 31,2008.
• erosion control measures for all proposed filling and grading and site improvements. The erosion
control measures shall be installed around the perimeter of the construction site prior to beginning
any excavating or construction, and shall be maintained until permanent vegetation is successfully
established. 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 completion of
construction, the site shall be restored with permanent groundcover as soon as practicable. The
applicant shall not use phosphorous fertilizers to establish and maintain vegetation on the disturbed
areas of the site,unless a soil test confirms that phosphorous is needed.
• a vegetative buffer at least 10 feet in width to screen the propane facility and all outdoor storage and
parking facilities from US Highway 12 and adjacent residential properties.The buffer shall be located
as far away from the right-of-way of US Highway 12 as practical so as not to impede visibility. The
buffer shall include native evergreens and/or a berm that, combined,is at least six feet in height at the
time of planting and shall attain at least 80% opacity at maturity. The plan should include the species,
size, and location of all evergreens to be planted on the site, as well as a timeline for the plantings and
a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. The
applicant shall be responsible for ensuring that the facility and all outdoor storage and parking areas
are fully screened from the highway and adjacent residential properties at all times. The applicant
may be required to provide additional landscaped buffers along the other property lines if deemed
necessary by the Zoning Administrator. All approved vegetation shall be planted no later than
August 31,2008.
6. The proposed storage shed shall be earth tone in color.
7. Within 30 days of substantially completing construction of the entire project, the applicants shall submit
to the Zoning Administrator photos and an as-built drawing of the completed storage shed, storm water
measures, paved parking and fueling surfaces, and landscaping to ensure that everything has been
constructed and installed as approved.
8. No signage, including but not limited to decals with the company logo and contact information on the
propane storage tanks - 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.
9. All new lights must be downward directed and shielded away from adjacent properties to prevent glare.
Any lights on the storage shed shall be at a height not to exceed the lowest eaves.
10. General hours of operation for loading propane bobtails shall not extend beyond 7:00 AM — 5:00 PM M-
F; however,semi trucks delivering propane to the site may arrive at earlier or later times.
11. The building and property shall be maintained in a neat and orderly manner.
12. All fueling, loading, and vehicle maintenance that is done on-site must be done on an impervious and
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properly contained surface.
13. The applicants shall contact the Zoning Administrator to review this special exception permit in two years
from the approval date(May 20 10) 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, safety, or general welfare 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 or use of the property, structures, and/or business; or change or addition to the
property, building, or facilities; or changes to the current project details — including but not limited to
future expansion, increased traffic generated from the site, parking, 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.
15. The applicants shall complete the work required in all conditions within the timeframes listed. Failure to
do so may result in the expiration or revocation of the special exception permit. If the special exception
permit expires or is revoked,the applicant will be required to secure a new special exception permit.Prior
to expiration and/or revocation, the applicants may request extensions of up to six months from the
Zoning Administrator,for a total time not to exceed one year.
16. 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: Nelson,yes; McAllister, yes; Hurtgen,yes; 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 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: 7
Date Filed: 06/02/08 Clarence W.Malic ,Chairpers
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