HomeMy WebLinkAbout022-1059-10-000 } r SFILE COP
PLANNING &, ZONING
September 29, 2008 File Ref: SE0186
Tom and Beverly Lowe
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Re: St. Croix County Special
Exception
4 Parcel#: 21.28.18.P321 Town of Kinnickinnic
Code Administrate.
715-386-4680 Dear Mr. Lowe:
land Information f The St. Croix County Board of Adjustment (Board) has reviewed your request for the
Planning
following item:
715-386-4674:
Real P Special exception to construct a new wireless communications transmission facility in the Ag
715 -4677 Residential District pursuant to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance.
R 386- After the hearing on September 25, 2008, the Board approved your request. The enclosed
-386-4675 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,
Alex Blackburn
Land Use Specialist/Zoning Administrator
Enclosures: Formal Decision
cc: Clerk, Town of Kinnickinnic
Rob Viera,Verizon Wireless, 2012 Kentucky Ave. South, Minneapolis MN 55426
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ST.CRO/X COUNTY Go vERNMENT CENTER
1 101 CARMICHAEL ROAD,HUDSON, WI 54016 71.5386.4686 FAX
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0186
Applicants: Tom and Beverly Lowe,property owners
Parcel ID#: 21.28.18.P321
Complete Application Received: August 4, 2008
Hearing Notice Publication: Weeks of September 8 and 15, 2008
Hearing Date: September 25, 2008
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony and considered the entire record herein,the Board makes the following Findings of
Fact and Conclusions of Law:
1. The applicants are Tom and Beverly Lowe,property owner, and Verizon Wireless,tower owner.
2. The site is located in the NE '/o of the NE '/a of Section 21,T28N,R18W,Town of Kinnickinnic, St.
Croix County,Wisconsin.
3. The applicants filed an application with the Board of Adjustment for a special exception permit to
construct a new wireless communications transmission facility in the Ag Residential District pursuant
to Section 17.85(2)(b)2 of the St. Croix County Zoning Ordinance.
4. The site is zoned Ag Residential. The 21-acre parcel features a horse boarding facility,which makes the
principal use of the agricultural and the proposed transmission facility an accessory use.
5. The proposed driveway from 300i Avenue will be a gated all weather access to provide secure service
and maintenance access to the tower and a utility route for power and telephone lines to the tower site.
6. The proposed filling and grading activities to install the driveway and tower pad encompass an area of
approximately 2208 square feet on slopes less than 12 percent; thus, no additional land use permit or
special exception permit is required.
7. The applicants have provided sufficient verification that the proposed transmission facility will meet all
general requirements for transmission facilities regarding compliance with FCC and FAA rules and
regulations; compliance with manufacturer's specifications and applicable state and local
building/electrical codes; future facility removal;monopole design; and the acceptance of at least two
additional co-locations pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance.
8. Liability insurance and a certification from a professional engineer that this tower will collapse within
the distance to the property line have not been provided.
9. The gravel access road has not been constructed.
10. The proposed 199-foot wireless communications transmission facility and associated equipment shelter
meet all area, setback, separation, access, and parking requirements in the Ag Residential District and
pursuant to Subchapter VIII of the St. Croix County Zoning Ordinance. Height requirements will be
met when the professional engineer's certification is received.
11. The Zoning Administrator retained Jeff Nelson, PSC Alliance, as an independent technical expert to
review materials submitted by the applicants. Mr. Nelson's review focused on the technical details of
the application and he concluded that:
• Coverage limitations exist in the vicinity of the proposed Lowe site that warrant the development of
a wireless communications transmission facility to more reliably serve the company's customer
base.
• No suitable tall structures exist within a two-mile radius of the proposed location that would
address the coverage limitations described above.
• The proposed site is being built to conform to the technical provisions of Subchapter VIII of the St.
Croix County Zoning Ordinance.
12. The Board finds that the proposed transmission facility would not violate the spirit or intent of the
Ordinance. Wireless transmission facilities are allowed in the Ag Residential District if the district
requirements and performance standards can be met, the purpose of which are to accommodate
communication needs while protecting public health, safety, and welfare; minimize adverse visual
impacts, so long as lights on the tower are prohibited; avoid potential damage to adjacent properties;
maximize the use of existing facilities in order to reduce the number of facilities in the County; and
minimize hazards to birds.
13. The Board finds that the proposed transmission facility would not be contrary to the public health,
safety, or general welfare or be substantially adverse to property values in the neighborhood affected.
The proposed facility will be reasonably protected from unauthorized access by a gate and security
fencing. The proposed facility will be a monopole design and light blue in color to minimize visibility.
The photo simulation provided by the applicants indicates that the design will have minimal adverse
visual impacts on the neighborhood.Furthermore,the proposed facility will meet all required setback
and separation requirements and will be fully screened from adjacent properties. Height requirements
will be met when the professional engineer's certification is received.
14. The Board finds that the request would not constitute a nuisance by reason of noise, dust, smoke, odor,
or other similar factors, so long as the ordinance regulating manure storage is not violated.
15. With conditions for implementing erosion control measures during construction of the service and
utility access and tower pad; maintaining and enhancing the current level of native tree, shrub, and
ground cover around the leased area to ensure that it is fully screened from adjacent properties;
providing a timeframe and financial assurance for the removal of the facilities if the use is
discontinued; and ensuring that adequate space is made available for future co-locations, this request
will meet the requirements of the Ordinance.
16. The Town of Kinnickinnic Town Board conditionally approved the request on June 3, 2008. The two
conditions are; landscaping and constructing a suitable access road.
17. The Jeppesen Corporation studied the proposed tower site for compliance with Federal Aviation
Administration(FAA) standards and determined the following;
• FAA notice is not required.
• Marking and lighting is not required.
• An extended study is not required.
• The structure is not within AM broadcast station interference radius.
• The structure would not affect flight operations at private use airport or heliport.
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DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board
approved the request with the following conditions:
1. This special exception permit allows the applicants to construct a 199-foot monopole wireless
communications transmission facility and associated equipment shelter in accordance with the plans
submitted, and as provided in the conditions below.Approval for this special exception permit does not
include any lights on the tower,additional grading and filling,tree removal, structures,uses, or other
development activities.
2. Prior to commencing any construction activities,the applicants shall secure a building permit from the
Town of Kinnickinnic and obtain any other required local, state,or federal permits and approvals.
3. Prior to commencing any construction activities,the applicants shall install erosion control measures in
accordance with State of Wisconsin Best Management Practices for construction sites. During
construction,the smallest amount of bare ground shall be exposed for as short a time as possible. The
applicants shall maintain silt fence around the construction site until self-sustaining,permanent
groundcover is successfully established on all disturbed areas of the site.
4. Prior to commencing any construction activities,the applicants must submit to the Zoning
Administrator a financial assurance in an amount sufficient to provide for future removal of the
transmission facility. If the approved facility is unused for 12 consecutive months, the site must be
restored within a reasonable time,but not more than three months after removal is requested by the
Zoning Administrator.Upon removal, the site shall be restored to its original or an improved condition,
and anchoring elements shall be removed from the ground to a depth of at least eight feet. If removal
and/or restoration is not completed,the County is authorized to complete the removal and site
restoration using the approved financial assurance.
5. The applicants shall be responsible for maintaining and enhancing the current level of native tree,
shrub, and ground cover around the leased area as to ensure that it is fully screened from adjacent
properties.
6. The applicants shall submit a landscaping plan to provide a vegetative buffer on the north, east and south
side of the fenced area. The buffer shall be at least 10 feet in width and include native evergreens at least
six feet in height at the time of planting. The buffer shall attain at least 80% opacity at maturity. The plan
must 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. All approved vegetation shall be planted no later than June 30,2009.
7. The applicants shall be responsible for ensuring that adequate space is made available for equipment
shelters and additional parking spaces to accommodate at least two future facilities proposing to co-
locate on the site.
8. The service and utility access to the tower site shall be graveled, gated and constructed to the minimum
driveway standards in the Ordinance.
9. The existing septic tank shall be left accessible for pumping and maintenance.
10. Prior to construction,the applicants will provide liability insurance and a certification from a
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professional engineer that this tower will collapse within the distance to the property line.
11. Within 30 days of substantially completing construction,the applicants shall submit to the Zoning
Administrator photos of the site and certification from the project engineer that the project has been
completed as approved.
12. Any minor change or addition to the project,including but not limited to design of the project, shall
require review and approval by the Zoning Administrator 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.
13. The applicants shall have one(1)year from the date of this approval to commence construction and two
(2)years from the date of this approval to complete it. Failure to do so shall result in expiration of the
special exception permit. If the special exception permit expires before construction commences,the
applicants will be required to secure a new special exception permit before starting or completing the
project. The applicants may request extensions of up to six months not to exceed a total of one year
from the Zoning Administrator prior to the expiration of the permit in the event that additional time is
needed to secure other required permits and approvals.
14. 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
applicants and an opportunity for a hearing.
15. Accepting this decision means that the applicants have read, understand, and agree to all conditions of
this decision.
The following vote was taken to approve: Chairman Malick, yes; Hurtgen, yes; Nelson, yes. Peterson
and McAllister abstained. 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: 9 4
Clarence W. Malick, C airperson
Date Filed: 09/29/08
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