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Home My WebLink About018-1078-90-000(2) • CROIX CO UNIT PLANNING &. ZONING April 27, 2007 File Ref: SE0113 Alana Edwards Northern Natural Gas 1650 W 82"d Street, Suite 1250 .: Bloomington, MN 55431 Re: St. Croix County Special Exception Request Code Administratl Parcel#: 36.29.17.549B,Town of Hammond 715-386-4680 Land Information ;n Dear Ms. Edwards: Planning 715-386-4674 „2`. The St. Croix Count Board of Adjustment Board has reviewed the special exception Y J (Board) p P 01.. Real Pr .'pry application to modify an existing natural gas meter station in the Ag Residential District in the 715 -4677 Town of Hammond. After the hearing on April 26, 2007, the Board voted to approve the request with conditions. The enclosed document is the formal decision regarding the Reycling application. 45-386-4675 r :f You must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. j Sincerely, Jennifer Shillcox Land Use Specialist/Zoning Administrator Enc: Decision Cc: Clerk, Town of Hammond Ray Davy, Agri-Waste Energy, Inc. Dean Doornink, Jon-De Farm, liic. Jeff Durkee, St. Croix County Highway Department Jeff Abboud, Wisconsin Departnnent of Transportation Dan Baumann, Wisconsin Department of Natural Resources Harold Wimile, Office of Pipeline Safety Federal Energy Regulatory Commission Occupational Health and Safety Administration ST.CROIX COUNTY GOVERNMENT CENTER 1107 CARMICHAEL ROAD,HUDSON, WI 54016 7153864686FAX PZC-00.SAINT-CR0 IX.W,IJS W"W.00SAI NT-C RC IX.VV',.US FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0113 Applicants: Northern Natural Gas,Agri-Waste Energy, Inc.,Jon-De Fann,Inc. Parcel#s: 36.29.17.549A and 36.29.17.549B Complete Application Received: March 5, 2007 Hearing Notice Publication: Weeks of April 8 and 15, 2007 Hearing Date: April 26,2007 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site,the St.Croix County Board of Adjustment makes the following findings of fact and conclusions of law: 1. The applicants are Northern Natural Gas Company, Agri-Waste Energy, Inc., and Jon De Farm, Inc. 2. The site is located on County Highway J in the NW '/4 of the NE '/4 of Section 36, T29N, R 17W, Town of Hammond, St. Croix County, Wisconsin. 3. The applicants filed with the Planning and Zoning Department an application for a special exception permit to modify an existing natural gas meter station to meter and distribute methane gas in the Ag Residential District pursuant to Section 17.15 (6)(1) of the St. Croix County Zoning Ordinance. 4. This request would not violate the spirit and intent of the St. Croix County Zoning Ordinance in that the gas meter station has existed in this location and has provided natural gas to the Village of Baldwin for over 40 years. It is an appropriate use in the Ag Residential District,which the property is currently zoned. By allowing modifications to the station to facilitate the distribution of methane gas, or"Renewable Natural Gas (RNG)", the station will provide a locally produced renewable energy source to the Village of Baldwin. The station's location near the rapidly growing Baldwin area, the Emerald Dairy, and other large livestock operations that plan to produce methane from manure makes the site suitable for this use. The modifications will provide the infrastructure necessary to encourage the production and use of renewable energy resources and sustainable agricultural practices in the County consistent with the St. Croix County Development Management Plan and the goals of several state-wide initiatives to promote bio-based products, stimulate value-added economic opportunities in support of the agricultural economy,reduce our country's dependency on foreign energy, and support farmers and rural communities. These initiatives include but are not limited to the Wisconsin Working Lands Initiative and Promoting our Wisconsin Energy Resources(POWER)Initiative. 5. The site is located within the Shoreland District of Baldwin Creek. With conditions requiring the applicants to obtain a permit for filling and grading in the Shoreland District to install the additional driveway access and turn- around area,the request will not violate the spirit and intent of the St. Croix County Zoning Ordinance. To meet the requirements in the Shoreland District, the applicants must implement erosion and sediment control and storm water management plans to mitigate any negative impacts to the creek. 6. With conditions for limiting truck access and egress to the site and transfer of gas from the truck to the pipeline during school bus peak hours;providing vegetation around the existing and proposed facilities to partially screen them from adjacent properties; odorizing gas; and requiring an employee to be present while gas is being transferred from the truck to the pipeline, this request would not be contrary to the public health, safety, or general welfare or be substantially adverse to property values in the neighborhood. According to the applicants, estimated truck traffic to the site is two to three trips per day, and security fencing will prevent unauthorized access to the facilities. Additionally, the proposed modifications will comply with all applicable DOT, OPS, FERC, and OSHA standards. The applicants were not required to do a Phase I Environmental Assessment for the proposed modifications, but did complete environmental reviews with the Wisconsin Department of Natural Resources and the State Historic Preservation Office that indicate that no sensitive environmental or historic features are present on the site. 7. With conditions for maintaining a neat and orderly appearance, shielding any light sources on or around the meter station from adjoining properties, and continued compliance with all applicable local, state, and federal standards, this request would not constitute a nuisance by reason of noise,dust, smoke, odor or other similar factors. According to the applicants, methane gas is odorless. 8. With conditions requiring the proposed equipment shelter to meet all general dimensional standards, setbacks, and spacing requirements for accessory structures,the proposed modifications will be in compliance with the applicable standards in the St. Croix County Zoning Ordinance. 9. The Town of Hammond recommends approval of this special exception request. 10. The St. Croix County Highway Department does not object to the construction of a new driveway access point as proposed, and recommends that the maximum width of the driveway not exceed 35 feet at the edge of the right- of-way and that the applicants obtain a driveway permit from the Highway Department prior to beginning construction. 11. The Wisconsin Department of Transportation (DOT)has reviewed the application and does not have any concerns with this request. 12. The Wisconsin Department of Natural Resources(DNR)has reviewed the application and verified that the site is within the Shoreland District of Baldwin Creek, but that the proposed modifications, including the driveway access and turn-around area,will not require Chapter 30 or NR 216 permits from the Department. 13. The Office of Pipeline Safety(OPS)has reviewed the application and verified that the Pipeline and Hazardous Materials Safety Commission oversees the quality of gas and the condition of the pipelines to ensure the integrity of the pipelines in accordance with 49 CFR 190-199, and conducts regular field inspections and audits of operational plans and procedures for compliance with federal standards. 14. The Federal Energy Regulatory Commission(FERC)was mailed a copy of the application but has not submitted a recommendation or comments for the Board's consideration. 15. The Occupational Safety and Health Administration(OSHA) was mailed a copy of the application but has not submitted a recommendation or comments for the Board's consideration. 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 allows Northern Natural Gas, Agri-Waste Energy, inc.. and .Ion-De Farm, Inc. to modify an existing natural gas meter station in the Ag Residential District in the Town of t-lainmond in order to add a shelter building and meter equipment, meter and distribute methane gas, and provide a new driveway access and truck turn-around area to accommodate the trucks and trailers that will deliver methane gas to the station as proposed. The driveway access and truck turn-around area shall not exceed 35 feet in width and 10,000 square feet in area in accordance with the revised plans submitted on April 23, 2007. All modifications shall be done in accordance with the plans submitted,and as provided in the conditions below. Approval for this special exception permit does not include any additional structures, impervious coverage, uses, or activities. 2. Prior to commencing construction of the modifications,the applicants shall secure all necessary local, state, and federal permits and approvals, including but not limited to a land use permit for filling and grading in the 2 r Shoreland District of Baldwin Creek from the St. Croix County Planning and Zoning Department, a driveway permit from the St. Croix County Highway Department, and other permits, licenses, and/or approvals required by the Wisconsin Department of Transportation, Office of Pipeline Safety, Federal Energy Regulatory Commission and Occupational Safety and Health Administration. 3. Prior to commencing construction of the modifications,the applicants shall submit to and have approved by the Zoning Administrator a landscaping plan with vegetation that reaches 40 percent opacity at maturity to partial ly screen the meter station and fence from adjacent properties to the west(north of the irrigation shed) and to the east of the proposed driveway access, while still providing an adequate vision triangle for the ingress and egress of trucks. As part of the plan,the applicants shall also maintain the current level of native tree and shrub cover along the banks of Baldwin Creek consistent with the vegetation standards in the Shoreland District and to screen the adjacent properties to the south and east. The plan shall include the name and contact information for the party(s) primarily responsible for long-term maintenance and compliance. 4. Within six months of completing construction of the entire project, the applicants shall sub►nit to the Zoning Administrator photos and an as-built drawing of the completed modifications on both parcels to ensure that the fencing, gates, shelter building, piping,valves, meter equipment,driveway access, turn-around area, and landscaping have been constructed as designed and approved. 5. Truck deliveries of methane gas shall not occur more than three times within any 24-hour period. Up to two additional deliveries per day may be allowed upon prior notification and approval of the Zoning Administrator. Deliveries shall not occur during the hours of 7:30 AM — 8:30 AM and 2:30 PM and 3:45 PM on school days at Greenfield Elementary School located adjacent to the site to the north across County Highway .1 to minimize traffic safety and health risks to students. 6. Methane gas shall be odorized prior to delivery to the site. 7. An employee shall be present while the methane gas is being transferred on the site. 8. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator pending the new County sign regulations currently being developed. 9. All lights on the site must be downward directed and shielded away from neighboring properties to prevent glare. Any lights on the equipment shelter shall not exceed the height of the building eaves and may be left on overnight for security purposes. 10.The property shall be maintained in a neat and orderly manner. The existing brush pile shall be removed. 11.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. 12.Any change in ownership of the property and/or meter station and pipeline, use of the site for metering natural and methane gas, 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. 13.The applicants shall have one (I)year from the issuance of the special exception permit to commence construction of the modifications and two (2)years from the issuance of this permit to substantially complete the modifications in compliance with the conditions above. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires within this timeframe, the applicant will be required to 3 r secure a new special exception permit. Upon prior request from the applicant, the Zoning Administrator ma_y grant approval for an extension of up to six months. 14.Accepting this decision means that all applicants and all property owners have read, understand, and agree to the conditions of this decision_ The following vote was taken to approve: Luckey, yes; Chairperson Malick, yes;Nelson. yes; Struemke, yes. Motion carried unanimously. 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 §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. Mal i&, Chairpersot Date Filed: 04/27/2007 c 4