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HomeMy WebLinkAbout028-1029-20-000 (9) May 10, 2000 File Ref: 4-00 Jon-De-Farms, Inc. Atten: Dean Doornick PO Box 144 Baldwin, WI 54002 Re: Board of Adjustment Decision Dear Mr. Doornick: The St. Croix County Board of Adjustment has reviewed your request for a special exception for the expansion of your livestock business 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. Sincerely, Steve Fisher Zoning Director dz Enclosure cc: Delores Vrieze, Clerk—Town of Rush River, w/enclosure Thomas R. Schumacher, w/enclosure FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN Case: 4-00 Complete Application Received: January 26, 2000 Hearing Notice Publication: Weeks of March 6 and 13, 2000 Hearing Date: March 23, 2000 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 Jon-De-Farms, Inc., whose address is 2051 30th Avenue, Baldwin, Wisconsin. 2. The applicant filed with the Zoning Office an application for a special exception permit to expand his livestock operation to include 1750 cattle. Applicant is also requesting a permit for filling and grading in a Shoreland District to construct ag buildings and related manure storage facilities on the property. 3. The property is located in the NW % of the NE Y4 and the NE % of the NW '/4, all in Section 24, T28N-R17W, Town of Rush River. 4. A professional engineer was hired to design this project and the Board believes the design to be adequate to meet the requirements for this application. 5. The applicant is working with the Zoning Office, the Land and Water Conservation Department, and the Wisconsin Department of Natural Resources on this project. 6. 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. 7. The Board of Adjustment found that this special exception application conforms with the requirements for granting a special exception under Section 17.14(6)(1) and 17.29(2)( c)3. 8. 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 based on the following findings: 1. The Wisconsin Department of Agriculture supports this expansion without delay, per the testimony of Ron Caldwell, representing the Department at the hearing. 2. The property is zoned exclusive agriculture. This type of operation is allowed within the Agricultural District as a special exception. The predominant area surrounding the facility is also zoned exclusive agriculture. 3. The environmental concerns have been addressed through proper engineering of the project. The setbacks from the navigable stream have also been met as requested by the agencies involved. 4. A professional engineer, Michael Tiry, designed the facility. Mr. Tiry has been in this business for approximately 30 years and has extensive experience in this area. The requirements of the St. Croix County Zoning Ordinance have been met. The project complies with County regulations. The applicant is expected to comply with all County regulations, which will assist in protecting the environment. 5. The required State approvals have been applied for. The applicant must receive approval from the State for this special exception permit to be valid. 6. The Land and Water Conservation Department has approved this project with conditions. 7. The applicant was previously approved to operate a 750-head dairy operation on the property. With the following conditions: 1. The applicant shall comply with the engineer designed and approved facility plans as submitted. 2. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. 3. The maximum number of dairy cattle (milking and dry cows) kept on site is 1,750. 4. The applicant shall submit an emergency action plan for the manure storage facilities to the Zoning Office prior to commencing site preparation. 5. The applicant shall have one (1) year from the issuance of any necessary state permits (WPDES, Chapter 30) to complete construction related to the project. The special exception permit will automatically terminate if the project is not completed within this time. 6. The County shall review the 590 Nutrient Management Plan and conservation plan two years from the issuance of this special exception permit and annually thereafter. 7. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 8. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 9. The applicant shall submit soil samples (one sample per five-acres) within two years of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 10. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 11. The applicant shall install a flow-monitoring device on all liquid manure applicator equipment. The device shall be calibrated and certified annually by a licensed person. A copy of the certificate of calibration shall be provided to the Zoning Office. Flow rate data shall be saved for the life of this permit. 12. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior of mass transporting of solid wastes and pumping of storage ponds. 13. The applicant shall collect and record data from the composting process in a "log" to be kept onsite to be monitored periodically by St. Croix County. The log shall include the following: temperatures of the compost; dates windrows were turned; duration of windrows 2 on the manure stacking pad (to insure a minimum of 90 days of composting); dates and volume of solids removed from the composting pad. 14. The applicant shall submit a design for review and approval by the County for the manure- stacking pad. The manure-stacking pad will be designed to hold 270 days of storage for the separated solids. The design shall be approved prior to commencing site preparation. 15. The applicant shall monitor the leak detection system (well) beneath manure storage pond # 4. It will be tested by a certified lab for the following indicators; BOD's, COD's, TOD's, Chlorides, Nitrogen Series (Total Kjedahl, ammonia nitrogen, nitrate and nitrite nitrogen), Phosphorus, P.H., and Fecal Bacteria. The applicant will have a third party consultant, with County approval, to conduct the monitoring annually. These findings shall be kept in a "log" onsite and be reviewed periodically by the County. If a detect is noted, immediate investigation of source and repair of structure is required. 16. The applicant shall abandon the existing well, as shown on the site plan, per NR 812. 17. The applicant shall demonstrate to the Land and Water Conservation Department that no net increase of storm-water runoff (based on the 25-year, 24-hour storm event) will result from the proposed improvements as compared to the pre-existing dairy operation. 18. The applicant and the County shall agree upon an environmental bond/insurance policy in an amount that is reasonable to cover the cost of abandoning the manure storage facilities, including all reception pits, transfer system, and storage facilities, prior to commencing site preparation. 19. Applicant's engineer, Tiry Engineering, shall submit proof of insurance to the Land and Water Conservation Department. 20. The applicant shall install additional reinforced silt fence (erosion control measures) 50-feet from and parallel to both sides of the navigable stream where the Ordinary High Water Mark was delineated by the County prior to commencing grading activities. 21. 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. 22. The applicant shall secure all necessary DNR Chapter 30 permits for a stream crossing and the location of a pipe to transport manure waste beneath the navigable water course prior to commencing site preparation. 23. The applicant shall comply with the grading plans as designed by Tiry Engineering to insure compliance with the County Zoning Ordinance relating to filling and grading within a shoreland area. 24. St. Croix County shall handle any enforcement for this Special Exception permit. 25. These conditions may be amended or additional conditions may be added 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. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, abstained; 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 3 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. ZONING BOARD OF ADJUSTMENT Signed: Chairperson Attest Dated: 05/10/00 Zoning Director Filed: 05/10/00 4 ST. CROIX COUNTY WISCONSIN ZONING OFFICE N w r w x w w■ _ �;�w, ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road - — — Hudson,WI 54016-7710 r (715) 386-4680 Fax(715)386-4686 April 7, 2000 Wayne Loock, Chairman Town of Rush River 583 183rd St. Hammond, W1 54015 RE: Jon-De-Farms, Inc. Dear Wayne: Pursuant to your request,here are the reasons the Board of Adjustment approved the above special exception request: 1. The Wisconsin Department of Agriculture supports this expansion without delay, per the testimony of Ron Caldwell, representing the Department at the hearing. 2. The property is zoned exclusive agriculture. This type of operation is allowed within the Agricultural District as a special exception. The predominant area surrounding the facility is also zoned exclusive agriculture. 3. The environmental concerns have been addressed through proper engineering of the project. The setbacks from the navigable stream have also been met as requested by the agencies involved. 4. A professional engineer, Michael Tiry, designed the facility. Mr. Tiry has been in this business for approximately 30 years and has extensive experience in this area. 5. The requirements of the St. Croix County Zoning Ordinance have been met. The project complies with County regulations. The applicant is expected to comply with all County regulations, which will assist in protecting the environment. 6. The required State approvals have been applied for. The applicant must receive approval from the State for this special exception permit to be valid. 7. The Land and Water Conservation Department has approved this project with conditions. 8. The applicant was previously approved to operate a 750-head dairy operation on the property. Wayne Loock April 7, 2000 Page 1 The Decision,which will include the Board's findings, will be made official at the next Board of Adjustment meeting on April 27`h. Please feel free to call me with any questions that you may have. Sincerely, Steve Fisher Zoning Director /dz Enclosure BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES March 23, 2000 (This meeting was recorded by Northwestern Court Reporters) The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A roll call was made. Julie Speer, Dick King, Nick Golz, Brian Wert and Rich Peterson were present. Chairperson Speer believes this to be a properly noticed meeting. Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, Bob Heise, Land and Water Conservation, Greg Timmerman, Corporation Counsel and Deb Zimmermann, Administrative Assistant. Motion by King second by Golz to adopt the agenda. Motion carried. The Board set the next meeting date as April 27, 2000. The starting time will be 8:30 a.m. The meeting will be held in the County Board Room at the Government Center. CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND LITIGATION Corporation Counsel will be present today. NEW BUSINESS Chairperson Speer welcomed everyone in attendance and gave a brief overview of how the Board of Adjustment meeting is conducted. Chairperson Speer stated that the public hearing notice was published correctly and was read into the record as follows: AMENDED PUBLIC HEARING NOTICE The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, March 23, 2000 at 8:30 a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following appeals to the St. Croix County Zoning Ordinance. An on-site investigation will be made of each site in question, after which the board will return for the purpose of deliberating and voting on the appeals. 1. ARTICLE: Special Exception request for a permit to operate a livestock operation in excess of one animal unit per acre of land suitable for animal waste disposal pursuant to Section 17.14(6)(1). Request is to expand livestock business to include 1750 cattle. Special Exception request for filling and grading in a Shoreland District to construct ag buildings and related manure storage facilities pursuant to Section 17.29(2)(c)3. APELLANT: Jon-De-Farms, Inc./ Dean Doornink LOCATION: Located in the NW '/4 of the NE %, and the NE %of the NW 1/4, all in Section 24, T28N-R1 7W, Town of Rush River. ADDRESS: 2o51 30th Avenue, Baldwin, Wisconsin 2. ARTICLE: Variance request to setback requirements for a Class E Road right-of-way. Request is for a 15-foot variance to construct a new home 35-feet from the right-of-way of a Class E Road in the St. Croix Riverway District pursuant to Section 17.64(1)(e). APPELLANT: Iris G. Zeimet LOCATION: Located in Government Lot 3, Section 22, T30N-R20W, Town of St. Joseph ADDRESS: Triangle Drive, Houlton, Wisconsin 3. ARTICLE: Special Exception request for a limited commercial use to operate a horse training facility in the Agriculture District pursuant to Section 17.14(6)(e). APPELLANT: Paul Sylla LOCATION: Located in the SW '/4 of the NW '/4 of Section 21, T28N-R19W, Town of Troy ADDRESS: Townsvalley Road, River Falls, Wisconsin 4. ARTICLE: Special Exception request to continue operation of an existing limestone quarry in the Ag/Residential District pursuant to Section 17.15(6)(g). APPELLANT: Jeff Beer LOCATION: Located in the E %2 of the NE '/4 of the SE 114, Section 2, T29N- R19W, Town of St. Joseph ADDRESS: Crestview Trail, Hudson, Wisconsin 5. ARTICLE: Site 1• Special Exception request for filling and grading in the Shoreland District. Request is to construct a bridge on the Wildwood Trail in the Ag/Residential District pursuant to Section 17.29(2). LOCATION: The NW%of the SW 1/4 of Section 23, T28N-R16W, Town of Eau Galle Site#2: Special Exception request for filling and grading in the Shoreland District on Perch Lake. Request is to construct a roadway, cul-de-sac, infiltration basin and related items as part of the development of the new Homestead Parklands, pursuant to Section 17.29(2)(c)2. LOCATION: The NE %of the SW'/4 of Section 28, T30N-R1 9W, Town of St. Joseph Site 3: Special Exception for rip rap in the St. Croix Riverway District. Request is to place rip rap for shoreline protection in the St. Croix Riverway District pursuant to Section 17.36(6)(3). LOCATION: The SW'/of the SE %of Section 6, T28N-R1 9W, Town of Troy APPELLANT: St. Croix County Parks Department/Joe Grant, Agent. All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from the office of the St. Croix County Zoning Director, Hudson, Wisconsin at(715) 386-4680. Julie Speer, Chairperson St. Croix County Board of Adjustment Jon-De-Farms Inc. Rich Peterson stated that he has a conflict of interest with this article and will not be participating. Zoning staff gave background on the request. A permit was issued to Jon-De-Farms, Inc. in the early 1990's. In 1994, approval was given from the St. Croix County Board of Adjustments to expand the dairy operation from 250 cows to 750 cows. This request is for an expansion of the dairy business from 750 cows to 1750 cows. Eslinger stated that this article was postponed last month as there were concerns that needed to be addressed. A meeting was held on March 3`d at the Ag Center in Baldwin to discuss these concerns. The Doorninks met with Zoning, the DNR, and the Land and Water Conservation Department. The applicant has submitted a 590 Plan, as well as a construction and 2 erosion control site plan. There have been some revisions made, and the Land and Water Conservation Department is reviewing. The farm is located near the Rush River in the Town of Rush River. There are concerns from area landowners that this operation may affect the Rush River. Eslinger explained that the DNR is involved in this process. To allow this expansion, the Doorninks must apply for a Wisconsin Pollution Discharge Elimination System (WPDES) permit. Anytime a large animal feeding operation maintains or stables in more than 1,000 animal units, this permit is required. The DNR will also require an Environmental Assessment on this operation. The DNR Chapter 30 permits are still pending. This permit is to allow a creek crossing, and to drill a manure transport pipe under the creek crossing. The Town of Rush River is opposed to the expansion and has recommended denial. The Zoning staff is asking the Board to consider postponement of this article today for reasons listed in the Staff Report. The staff feels it is important that the Environmental Assessment be completed before a decision is made. Greg Timmerman, Corporation Counsel, stated that if the Board decides to postpone, they need to produce findings to support the postponement. The following exhibits were presented: Exhibit 1: Staff report Exhibit 2: Application for special exception with narrative Exhibit 3: Letter from the Land and Water Conservation Department Exhibit 4: Letter from the Town of Rush River stating opposition to the request Exhibit 5: Copy of site plan Exhibit 6: Copy of zoning map Exhibit 7: Copy of plat map Exhibit 8: Letter from the DNR Exhibit 9: Letter from the Pierce County Land Conservation Department Exhibit 10: Letters from area landowners expressing concerns Exhibit 11: Letter from LWCD listing recommendations and concerns Exhibit 12: Letter to Tiry Engineering from LWCD Tom Schumacher, being duly sworn, is the attorney for the applicant. He is speaking today on behalf of Jon-De-Farms, Inc. He stated that they did agree with zoning to postpone this application last month, but believes that they have dealt with the concerns and would like to see a decision made today. Schumacher addressed the filling and grading issue by stating that this is an intermittent stream, as determined by the DNR. Because of this determination, the plans for the operation needed to be changed, as this created greater setbacks than if the stream had not been navigable. The applicant has been to the Town meetings, and as earlier stated, the Town is opposed. Schumacher stated that he believes the Town is against big dairies, and has been opposed to all previous expansions of this dairy. Schumacher went over the steps that have been taken to get to this point. He stated that there has been a tremendous amount of work that has gone into this application to be ready for the hearing today. The applicant was not made aware that the Environmental Assessment would be required to move forward with the project, until a short time before 3 the February 24th Board of Adjustment meeting. It concerns Schumacher that something as significant as this Environmental Assessment was never mentioned until they were well into the process of gathering information for this permit. The applicant has done everything that has been asked of him to obtain this permit. Schumacher does not feel it is right to postpone a decision on this because the assessment has not been done, as this is a DNR issue, not a county issue. The applicant has a DNR permit for the current dairy operation. They have sent everything that is required to the DNR, and have been notified that this assessment will take some time to complete, as they have a back log of these at the present time. Schumacher asked that the Board consider making a decision on this special exception request today so that they may move forward. Schumacher entered Exhibit 12, a letter from the David Sander of the LWCD to Tiry Engineering with some additional questions that resulted from the March 3`d meeting. The answers to the questions and concerns were given to the LWCD by March 13th, the deadline for them to submit for review by the LWCD. Schumacher went over Exhibit 11 with the Board. He explained that there are new ways of handling the waste now and Tiry Engineering has suggested some of these new ideas. The applicant is willing to work with the County and the DNR on this. Schumacher had some questions on the Environmental Bond issue of $850,000 and would like to discuss further with zoning. Schumacher believes this to be a good plan. There has been a lot of time and effort put into this by the engineers, the County and the applicant. Mike Tiry; being duly sworn, is an engineer with Tiry Engineering. He is the engineer on this project. Tiry explained in detail how the proposed system will work and how the waste will be handled. Tiry entered into the record the overhead information that was used as Exhibit 13. He also went over the concept they are proposing (headline stacking) where a stacking pad would be used to store the waste. This concept being proposed would help to keep the phosphorus level down and separates the solids from the liquids, and this process will separate 50% of the phosphorus from the liquid manure. Tiry entered as Exhibit 14, a letter from Jeffrey Frase of Welch Crop Consulting, as well as some photo's of the proposed headline stacking process. Tiry stated that at the present time, the DNR has allowed this type of storage on two dairies in the State. Tiry has spoken with the Land and Water Conservation Department about headline stacking, but they are not familiar with it, so are reluctant to approve it. This is a new concept and Tiry believes it is a better process for the dairy industry for getting rid of waste. He will not push this plan right now, but would like to have it looked at in the future. The plan now is to stack the solid waste on a stacking pad on the property. Tiry presented a map of the facility showing the barns and the system. He went over this exhibit with the Board. The Board asked him to explain his background. Tiry has a farm background and graduated from U-W Platteville and U-W Madison with an Agricultural Engineering degree. He has been in this type of business for over 30 years and has worked with many dairies all over the State. A question was asked on water usage per day. Tiry stated that he believes that during peak periods, 45-65 gallons per minute may be used. He said that is not a lot of water, and does not affect the aquafer. Cindy Anderson, being duly sworn, is a property owner in the area of the dairy. She asked what happens to the phosphorus when it is separated from the liquid, and where does it 4 go. Tiry explained, by pointing out on the overhead, that the phosphorus will go into pond #3 and then be transported to fields according to the Nutrient Management Plan that has been submitted. It will not be accumulated in the soil. Duane Popple, being duly sworn, is an Environmental Specialist with the Wisconsin Department of Natural Resources. He explained to the Board the process involved in getting all of the permits in order for a dairy like this. He stated that Jon-De-Farms already has a permit to operate a large dairy, but because the size of the expansion is greater than 25%, they need to have another assessment conducted. The dairy may operate under the old permit until the new one is issued. The Environmental Assessment can take anywhere from 2 months to 2 years. Popple told the Board that the applicant has submitted all necessary information to obtain their permits. William Findlay, being duly sworn, is landowner to the north of this dairy operation, and has been living there since 1973. He has no objections to this operation as long as their management plan is followed. Ron Caldwell, being duly sworn, is with the Wisconsin Department of Agriculture. He is here today on behalf of the State asking the Board to permit this process without delay so that the applicant may move forward. He believes that Doominks are pioneers in the dairy business. They are considered wise and trusted all across the State, and serve on the State Environment Task Force. Caldwell further stated that Mike Tiry is considered "gold plated" in his area of expertise. He is environmentally conscious in all areas he is affiliated with. John Vrieze, being duly sworn, is the owner of Baldwin Dairy and Emerald Dairy in St. Croix County. He has worked with the Jon-De-Farms since 1997 and knows that they are good stewards of the soil and environmentally conscious. He agrees that Tiry has extensive knowledge in this area. Vrieze reiterated that it takes anywhere from 30 days to 2 years for this Environmental Assessment to be completed. His last assessment that was conducted on one of his dairies took over 2 years. Vrieze stated that he agrees with Tiry that headline stacking should be looked at as a way to manage waste. Vrieze believes it is good for the environment. He stated that Doorninks have attended seminars on new technologies for dairies and really do want what is best for the environment. Vrieze told the Board that the dairy owners in the are work closely together with each other. Tom Schumacher, being previously sworn, went over Exhibit 14 with the Board. This exhibit is a letter from Welch Crop Consulting detailing the manure management plan submitted by Jon-De-Farms. Schumacher believes that his plan meets or exceeds the requirements of the County and the State. The plan will help reduce over application of phosphorus on the land. The Board recessed at 10:45 a.m. The Board reconvened at 10:55 a.m. Eslinger presented Exhibit 15, which included: An Environmental Analysis Questionnaire, the original site plan and construction plan (shared with the Board earlier), Erosion Control Plan, Dairy Expansion Plan, 590 Nutrient Management Plan, Construction Specs for waste storage facility, Revised Construction and Erosion Control plan, Engineering Report, Revised Construction Site Storm Water Management Plan. Harold Fosmo, Jr., being duly sworn, is the President of Western Wisconsin Chapter of the Izaak Walton League of America. He stated that he has concerns relating to this dairy, 5 and has done studies on large animal waste facilities that are not followed. He worries that run-off from this farm will get into the Rush River and cause problems. There is a study being done on the Rush River, and he would like this study to be completed before the permit for this dairy expansion is granted. He believes that the DNR does not have the staff to monitor these big dairies to make sure that their plans are being followed. Fosmo presented Exhibit 16: Correspondence, photographs, and Recommendations for changes in the animal waste permits for large animal waste facilities in the State of Wisconsin. Peter Muto, being duly sworn, is the State Chairman for the Sierra Club. He stated his concerns with the dairy expansion. Is concerned about accidents with the waste disposal and how it will affect the water if this happens. Lou Anderson, being duly sworn, stated his concerns about the dairy expansion. He presented a handout that he got off of the intemet on waste management for large farm operations and how it affects the area where it is located. This handout was labeled as Exhibit 17. He has concerns about smell, noise, traffic, and land value. Julie Kanefec, being duly sworn, is from Martell Township in Pierce County. She is concerned about run-off into the Rush River. She presented a Dairy Paper written by Bill Weida dated February 19, 2000 on Concentrated Animal Dairy Operations, and read excerpts from this article to the Board. Article was labeled as Exhibit 18. Kanefec further stated her concerns about ground water and economic hardship on area with large dairies. Heather Landin, being duly sworn, is a landowner near the Jon-De-Farms Dairy. Her concerns are whether or not this is a good site for a large dairy, infrastructure costs, water use, worker issues, housing, taxes, life quality, land value and health risks. Agrees with Zoning that there should be some type of bond as risk assessment is important. The Board recessed at Noon. The Board Reconvened at 12:20 p.m. Eugene Nelson, being duly sworn, is a resident of the Town of Rush River. He presented a letter from Al and Paul Putirskis, of the Town of Rush River, stating their concerns, as well as two articles that on waste management of large animal operations. All of this information was labeled as Exhibit 19. Nelson went on to state his concerns as being health issues, public safety and quality of life. Don Schumacher, being duly sworn, has been a Supervisor for the Town of Rush River for several years. He stated that the Town does not want to see this expansion allowed. Has concerns about what will happen if the new system for waste management fails, or if lease agreements for spreadable acres run out. He believes that the bond requirement is a good idea and supports that . Schumacher added that he believes this type of dairy operation is what is causing the small dairies to no longer exist. Lloyd Weber, being duly sworn, is a Supervisor on the Board for the Town of Rush River. He presented a letter to the Board of Adjustment that was dated February 24, 2000. Letter labeled as Exhibit 20. He is concerned about the waste disposal plan and wants assurance that the system will work. Eslinger stated that the applicant has met all of the requirements of the ordinance. He then read the hearing notice that was published and reiterated what this hearing is about today. The DNR has testified that applicant would be allowed to increase his operation 20% without obtaining a new permit. 6 Fisher thanked everyone in attendance today for the way that they conducted themselves on this controversial issue. Timmerman told the Board that they cannot deny this request based on the fact that the Environmental Assessment is not completed. If they choose to postpone, they need to state what has not been addressed and put in a Resolution form, listing findings for their decision. The Board will make a decision later today. Iris Zeimet Eslinger went over the reasons for this variance application. The applicant is requesting a 15 foot variance to construct a new home 35 feet from the road right-of-way. The proposed structure meets the 100-foot bluffline setback from the St. Croix River, but needs a variance from the road setback to be able to build any type of home. If the variance is not granted, the lot would be unbuildable, due to the unique shape of the lot and proximity of the bluffline. The Town of St. Joseph and the DNR have stated no objection to this variance. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Information from applicant stating reasons for variance request with attachments. Exhibit 3: Letter from Thomas Nelson, former Zoning Administrator, stating approval of construction on lot Chuck Ytsler, begin duly sworn, states that he is Iris Zeimet's husband. They want to build a home on this lot. They were not aware of the road setback when they purchased the lot. The Board will view the site. Paul Sylla Eslinger explained to the Board that this application is to operate a stable for 20 horses in the town of Troy. The stable will offer trail riding, boarding and private training lessons. They will not be exceeding number of animal units per acre. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Application with narrative, maps and attachments Exhibit 3: Site plan for the horse facility. Access will be off of Rolling Meadow Drive Paul Sylla, being duly sworn, stated that Eslinger explained the application very well. They may, in the future, have a trainer onsite who will oversee the daily operations. The Board will visit the site. Jeff Beer Eslinger explained that this application is to renew a permit for a non-metallic mining operation. This operation was approved in July of 1993 and was approved for 5 years. Mr. Beer came to the zoning office and notified them that his permit had expired and filed a special exception application to renew permit. Eslinger went over the staff report with 7 the Board. This mining operation is secluded from residential development and the applicant will not be using any explosives. Reclamation at the site will be ongoing. The following exhibits were introduced: Exhibit 1: Staff report with attachments Exhibit 2; Application with attachments Exhibit 3: Map showing site location and zoning map) Exhibit 4: Packet of information outlining plan for the quarry Jeff Beer, being duly sworn, is the applicant. He has been operating the quarry for 5 years. He did not get this operation under way until 1995, even though the permit was granted in 1993. Beer explained that it is a small operation, and he would like to continue as it is, so is asking for the permit to be renewed. He is in agreement with information on the staff report. The Board will view the site. St. Croix County Parks Department Eslinger told the board that this application is for three requests by the Parks Department. He went over each site individually. Site one is for the installation of a bridge on Wildwood Trail in Section 23 in the Town of Eau Galle. The following exhibits were introduced: Exhibit 1: Staff Report Exhibit 2: Special Exception application and attachments Exhibit 3: Bridge plans Site two is for filling and grading at Perch Lake for Homestead Park. There will be construction of a retention basin, turn around and parking areas for the new Perch Lake Park. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special Exception application and attachments Exhibit 3: Letter from the Town of St. Joseph recommending approval Exhibit 4: Erosion control plans Site three is a request for a permit to place rip rap on the banks of the St. Croix River for shoreline protection in the Riverway District. The following exhibits were introduced: Exhibit 1: Staff report Exhibit 2: Special Exception application with attachments Exhibit 3: Cross section map, plans, permit for rip rap from DNR Joe Grant , Parks Director, was present to answer any questions of the Board. He stated that the reasons for the applications were covered by Eslinger and were also explained in the staff report they received. The Board will make a decision later today. The Board recessed at 1:20 p.m. to conduct site visits. 8 Decisions The Board reconvened at 5:10 p.m. to render Decisions. A motion was made by Wert, second by King to approve the February minutes. All in favor. Motion carried. Iris Zeimet A motion was made by Golz, second by Peterson to approve the variance request for a 15-foot variance to the 50-foot setback requirement from a Class E road right-of-way based on the following findings: 1. The applicant has proven hardship. The unique shape and size of the lot requires that the applicant obtain a variance to develop a structure on the lot. 2. The 100-foot setback requirement from the bluffline of the St. Croix River is being met. 3. The applicant is asking for the minimum variance to alleviate the hardship. 4. The Town of St. Joseph recommended approval of the request. 5. This 15-foot variance is not contrary to the public interest. 6. The spirit and intent of the ordinance is being met. With the following conditions: 1. All structures including principle buildings, accessory buildings, decks, roof overhangs etc. shall not be located closer than 15-feet from the legally described road right-of-way. All other setbacks must be met. 2. Applicant shall obtain building permits from the Town Board, and a septic permit from the County Zoning Office. 3. This variance is valid for a period of one year from the date of issuance; failure to obtain a building and septic permit and commence construction within this timeframe shall result in revocation of the variance. 4. Any change to the above conditions shall require a new application and a new public hearing. 5. Failure to comply with the above conditions shall result in revocation of the variance. The following vote was taken to approve: Wert, yes; King, yes; Peterson, yes; Golz, yes; Chairperson Speer, yes. Motion carried. Paul Syll a Motion by Peterson, second by Golz to approve the special exception request for a horse riding and boarding stable in the Ag District based on the following findings: 1. Applicant has proper amount of land to dispose of animal waste. 2. No objections from surrounding landowners 3. By approving this request, there will be no adverse effect on neighbors 4. Use is compatible with surrounding land use. 5. The spirit and intent of the ordinance will be met With the following conditions: 1. This approval is for a riding and boarding stable for 20 horses. 9 2. Should this property ever be rezoned and developed the applicant would be required to comply with the applicable county ordinances which may require the preparation of a 590 Nutrient Management Plan and a separate special exception. 3. The total square footage of all signage on the property shall be limited to 32- square feet. Only one free standing sign is allowed on the parcel. The applicant shall submit a sign plan for staffs review to ensure compliance with the provisions of the Zoning Ordinance. 4. The applicant shall limit the travel-related to the stable—on Rolling Meadow from 6:00 a.m. to a half an hour after Sunday, Monday-Sunday. 5. No onsite sales (such as clothing apparel, riding equipment, hats and boots) are permitted. 6. The applicant shall secure all necessary building permits from the Town and any septic permits from the County. 7. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence the horse operation in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the stable operation. 8. Any minor change (or addition) in expansion of the project, including, but not limited to signage, hours of operation, shall require review and approval by the zoning administrator. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in t he ordinance. (Expansion of the facility). The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, yes; Chairperson Speer, yes. Motion Carried. Jeff Beer Motion by Wert, second by King to approve the special exception request for a permit for non-metallic mining based on the following findings: 1. A complete operating plan is in place. The mining operation follows the requirements set forth in the St. Croix County Zoning Ordinance. 2. The location for the mining operation is appropriate for this type of business. 3. There have been no complaints on the existing mining operation. 4. Business will be bonded as noted in conditions. 5. There will be ongoing reclamation as noted in the Plan. 6. The spirit and intent of the ordinance will be met. With the following conditions: 1. Gravel mining project is to proceed according to plans presented. Mining is only authorized to occur in the E '/2 of the NE '/4 of the SE 1/4. Any expansion beyond this legal boundary shall require a new special exception permit. 2. Contact the Zoning Office prior to commencing construction activities. 3. Operator to comply with any conditions established by the Town of St. Joseph regarding use of any Town roads and maintenance. 4. Project to proceed as designed and presented. 5. Operator/applicant shall comply with the general requirements and conditions (1- 13) listed in the non-metallic mining and reclamation ordinance (pages 7 and 8 or Ordinance#226(89)). Attached and are hereby part of the conditions of approval. 6. Applicant shall file a Notice of Intent with the Department of Natural Resources and obtain a NR 216.20 Industrial Storm Water discharge Permit from the DNR. 10 7. Applicant to work with the Land and Water Conservation Department to put together a seeding plan for reclamation of the site. 8. A reclamation bond is required for the operation. 9. Proof of insurance, for$1,000,000, is to be submitted to the Zoning Office. 10. Applicant is responsible for dust abatement during the duration of the permit. 11. Limit hours of operation to 6:00 a.m. —9:00 p.m., Monday-Saturday, this includes the onsite crusher. 12. Permit includes temporary placement of equipment necessary to conduct the mining operation. 13. Site reclamation will proceed on an ongoing basis as quarry is operated. 14. Any change (or addition) in use, or expansion of the non-metallic mining project shall require review and approval by the zoning administrator, and in some circumstances, through the Special Exception approval process, where applicable, as stated in the ordinance. 15. Special Exception valid for a period of 5 years and expires March 23, 2005. Applicant must either fully reclaim the site in this timeframe or reapply for a new special exception permit. The applicant is to contact the Zoning Office six (6) months prior to permit expiration, so that reclamation or permit renewal is complete by the expiration date. The following vote was taken to approve: Golz, yes; Peterson, yes; King, yes; Wert, yes; Chairperson Speer, yes. Motion carried. St. Croix County Parks Department Motion by Wert, second by Peterson to approve all three requests based on the following findings: 1. All projects were designed by professional staff. 2. Projects are being done to protect and enhance the environment 3. The improvements are for facilities that are used by the citizens of St. Croix County. 4. The spirit and intent of the ordinance will be met. With the following conditions. 1. Comply with all DNR requirements and obtain any necessary permits. 2. Work with the Land and Water Conservation and Highway Departments during these projects to insure that the plans are implemented as designed. 3. The applicant shall have one (1) year from the issuance of the Special Exception permit to act on the Special Exception Permit. Failure to commence the project in this timeframe shall result in the expiration of this Special Exception permit. If the Special Exception permit expires, the applicant will be required to secure a new Special Exception permit before commencing the grading/filling and rip rap projects. 4. Any minor change (or addition) in expansion of the project, shall require review and approval by the zoning administrator. Any major change and/or addition to the originally approved plan will go through the Special Exception approval process, where applicable, as stated in the ordinance. Jon-De-Farms, Inc. Motion by Golz, second by Wert to approve the special exception request based on the following findings: 1. The Wisconsin Department of Agriculture supports this expansion without delay, per the testimony of Ron Caldwell, representing the Department at the hearing. 11 2. The property is zoned exclusive agriculture. This type of operation is allowed within the Agricultural District as a special exception. The predominant area surrounding the facility is also zoned exclusive agriculture. 3. The environmental concerns have been addressed through proper engineering of the project. The setbacks from the navigable stream have also been met as requested by the agencies involved. 4. A professional engineer, Michael Tiry, designed the facility. Mr. Tiry has been in this business for approximately 30 years and has extensive experience in this area. The requirements of the St. Croix County Zoning Ordinance have been met. The project complies with County regulations. The applicant is expected to comply with all County regulations, which will assist in protecting the environment. 5. The required State approvals have been applied for. The applicant must receive approval from the State for this special exception permit to be valid. 6. The Land and Water Conservation Department has approved this project with conditions. 7. The applicant was previously approved to operate a 750-head dairy operation on the property. With the following conditions: 1. The applicant shall comply with the engineer designed and approved facility plans as submitted. 2. Groundwater monitoring wells are not required at this time, but will be required in the future if groundwater contamination is suspected. 3. The maximum number of dairy cattle (milking and dry cows) kept on site is 1,750. 4. The applicant shall submit an emergency action plan for the manure storage facilities to the Zoning Office prior to commencing site preparation. 5. The applicant shall have one (1) year from the issuance of any necessary state permits (WPDES, Chapter 30) to complete construction related to the project. The special exception permit will automatically terminate if the project is not completed within this time. 6. The County shall review the 590 Nutrient Management Plan and conservation plan two years from the issuance of this special exception permit and annually thereafter. 7. The County shall review the manure handling system annually to insure that the system conforms to or exceeds the industry standards. 8. The applicant shall establish buffer strips at the agreed upon widths and locations as defined within the 590 Nutrient Management Plan. 9. The applicant shall submit soil samples (one sample per five-acres) within two years of the issuance of the special exception permit to the Zoning Office, in compliance with the requirements of the 590 Nutrient Management Standard. 10. The applicant shall not apply more than 15,000 gallons of liquid manure per acre per application. If this rate is exceeded then the applicant must use split applications on those acres. 11. The applicant shall install a flow-monitoring device on all liquid manure applicator equipment. The device shall be calibrated and certified annually by a licensed person. A copy of the certificate of calibration shall be provided to the Zoning Office. Flow rate data shall be saved for the life of this permit. 12. The applicant shall notify the St. Croix County Land and Water Conservation Department 72 hours prior to mass transporting of solid wastes and pumping of storage ponds. 13. The applicant shall collect and record data from the composting process in a "log" to be kept onsite to be monitored periodically by St. Croix County. The log shall include the following: temperatures of the compost; dates windrows were turned; duration of windrows on the manure stacking pad (to insure a minimum of 90 days of composting); dates and volume of solids removed from the composting pad. 12 14. The applicant shall submit a design for review and approval by the County for the manure-stacking pad. The manure-stacking pad will be designed to hold 270 days of storage for the separated solids. The design shall be approved prior to commencing site preparation. 15. The applicant shall monitor the leak detection system (well) beneath manure storage pond # 4. It will be tested by a certified lab for the following indicators; BOD's, COD's, TOD's, Chlorides, Nitrogen Series (Total Kjedahl, ammonia nitrogen, nitrate and nitrite nitrogen), Phosphorus, P.H., and Fecal Bacteria. The applicant will have a third party consultant, with County approval, to conduct the monitoring annually. These findings shall be kept in a "log" onsite and be reviewed periodically by the County. If a detect is noted, immediate investigation of source and repair of structure is required. 16. The applicant shall abandon the existing well, as shown on the site plan, per NR 812. 17. The applicant shall demonstrate to the Land and Water Conservation Department that no net increase of storm-water runoff (based on the 25-year, 24-hour storm event) will result from the proposed improvements as compared to the pre-existing dairy operation. 18.The applicant and the County shall agree upon an environmental bond/insurance policy in an amount that is reasonable to cover the cost of abandoning the manure storage facilities, including all reception pits, transfer system, and storage facilities, prior to commencing site preparation. 99. Applicant's engineer, Tiry Engineering, shall submit proof of insurance to the Land and Water Conservation Department. 20. The applicant shall install additional reinforced silt fence (erosion control measures) 50-feet from and parallel to both sides of the navigable stream where the Ordinary High Water Mark was delineated by the County prior to commencing grading activities. 29. 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. 22. The applicant shall secure all necessary DNR Chapter 30 permits for a stream crossing and the location of a pipe to transport manure waste beneath the navigable water course prior to commencing site preparation. 23. The applicant shall comply with the grading plans as designed by Tiry Engineering to insure compliance with the County Zoning Ordinance relating to filling and grading within a shoreland area. 24. St. Croix County shall handle any enforcement for this Special Exception permit. 25. These conditions may be amended or additional conditions may be added 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. The following vote was taken to approve: King, yes; Wert, yes; Golz, yes; Peterson, abstained; Chairperson Speer, yes. Motion Carried. A motion was made by Wert, second by Speer, to adjourn. All in favor. Meeting adjourned at 6:30 p.m. submitt qespec_tffully t ZI 8: rian Wert, Secr6fary Debbie Zimmohann, Recording Secretary 13