HomeMy WebLinkAbout042-1093-60-000 st CROIX co
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PLANNING &. ZONING
January 31, 2013 File Ref: SE8709�758
St. Croix Animal Friends,Inc.
c/o Diana Neubarth,President
P.O.Box 1169
Hudson, WI 54016
Re: St.Croix County Special Exception Amendments—Commercial Kennel
Code Administrate` in the Commercial District
715-386-4680 Parcel M 33.29.18.516D,Town of Warren
Land Informad Dear Mrs.Neubarth:
Planning
715-386- The St. Croix County Board of Adjustment(Board)has reviewed your request for amendments to
Conditions#1,#6,#8,#12 and#15 of the special exception permit approved on August 27,2010 to
Re roperty operate a non-profit animal adoption and education facility(kennel) in the Commercial District.
7 -386-4677 After the hearing on January 31, 2013 the Board voted to approve the amendments to the conditions
R cling as recommended in the staff report. The enclosed document is the formal decision regarding the
7 86-4675 application.
Please review all the conditions for compliance activities that have specific deadlines for
completion.
You must obtain any other required local, state,and federal permits and approvals. Feel free to
contact me with any questions or concerns.
me ,
Pamela Quinn
Land Use Specialist/Zoning Administrator
Enclosures: Formal Decision
cc: Clerk,Town of Warren
Steve Olson, St. Croix County Community Development Dept.
ST.CRO1X COUNTY GOVERNMENT CENTER
110 1 CARMICHAEL ROAD,HUDSON, W1 54016 71 5386,4686 FAX
PzVC0.5A1NTCRq21X.W1.US WWW.00.SAINT-CR0IX.WI.US
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST. CROIX COUNTY,WISCONSIN
File: SE87692--75f
Applicant: St. Croix Animal Friends,Inc.
Parcel ID#: 33.29.18.516D
Complete Application Received: December 3,2012
Hearing Notice Publication: Weeks of January 14 and 21,2013
Hearing Dale: January 31,2013
FINDINGS AND CONCLUSIONS OF LAW
Having hear d all of the testimony and considered the entire record herein,the Board makes the following findings
of fact and donclusions of law:
1. The applicant and property owner is St. Croix Animal Friends, Inc.
2. The site is located at 638 Hwy 65 on lot 3 of Certified Survey Map Vol. 10/Pg. 2855 in the NE 1/4 of the
SE 4 of Section 33,T29N,R18W,Town of Warren.
3. The St. Croix County Board of Adjustment(Board)approved the original special exception permit on
August 27,2010 to operate a non-profit animal adoption and education facility(kennel)in the Commercial
District pursuant to Section 17.18(9)(p)of the St. Croix County Zoning Ordinance.
4. The applicant fled an application with the Board for amendments to the August 27 2010 special exception
ion
dec Sion as follows:
Coi dition 1 —expand the approved use to include a separate boarding kennel facility. Two additional
stru Aures, specifically a covered pavilion and amphitheater,are also being requested;
Cor dition 6—extend the public access hours to 7:00 p.m. Tuesday through Sunday;
Cor dition 8—increase the maximum number of dogs in the animal shelter to 60;
Condition 12—extend the permit expiration date two years,with the option for requesting up to two(2)six-
moi ith extensions;
Cor dition 15—modify the wording to read"animal shelter and boarding kennel facilities".
5. The proposed addition of a boarding kennel to the overall animal adoption facility would be compatible
witli the approved special exception and with existing commercial uses in the area and will not have a
negEttive effect on the health, safety,or morals of nearby residents or landowners. The addition of a pet
boarding facility would not violate the spirit or general intent of the St. Croix County Zoning Ordinance in
that a commercial kennel is a use allowed with a special exception permit, subject to standards in Section
17. 2(15)and 17.18(10)in the Commercial District,which the property is currently zoned. The income
gen rated by the boarding kennel will provide long-term sustainable funding that will support the animal
she ter facility programs.
6. The applicant proposes to build an outdoor pavilion and bench amphitheater to enhance their ability to
util ze outdoor areas for activities and events. The site has a steep hillside on the west side of the lot that
pro ides a natural visual/sound barrier for exercise areas and special events. With conditions that the
proposed accessory structures meet the setbacks specified in Section 17.18 and for limiting noise and hours
of activity on the site,this request would not negatively impact the health, safety, or welfare of the public,
nor would it be substantially adverse to property values for nearby residences or businesses.
7. The proposed amendments will not change the approved animal waste disposal plan. Solid animal feces
and bedding will be collected in enclosed containers and have regularly scheduled removal off-site to an
appropriate disposal facility to minimize the potential for noxious odors. Plans for constructing the new pet
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bo ding kennel and animal shelter building will include sound control as required in Section 17.12(15)(d).
Wit i conditions for proper disposal of waste material generated on-site and screening future outdoor
exercise areas with fencing and/or landscape barriers to reduce noise and visibility for adjacent properties,
this request would not constitute a nuisance by reason of noise,dust, smoke, odor,or other similar factors.
8. The approved special exception included utilization of existing paved areas and twenty-five(25)new off-
street parking stalls for visitors and staff to access the animal shelter building. The applicant requests an
amendment to include ten(10)parking spaces that would allow access to the pavilion and walking paths
without using parking spaces designated for animal shelter and six(6)parking spaces to access the
proposed pet boarding building. With a condition to include increased impervious surfaces in a stormwater
management plan,the request will comply with Conditions 4 and 5 of the previously approved special
exception.
9. The existing private on-site wastewater treatment system(POWTS)previously used for a residential
building must be evaluated and brought up to code prior to connection to service a public/commercial
building. With conditions that sanitary wastewater treatment will be included in plans for construction of
all new buildings pursuant to Chapter 12.1.F.1,the request will meet the purpose and objectives of the
ordinance to insure the proper siting,design, installation, inspection,and management of private onsite
wastewater treatment systems(POWTS)so as to protect the environment and health of the citizens of St.
Croix County.
10. The Town of Warren Town Board recommended approval of the requested amendments to extend the
pen it,update owner/agent, and conditions for two years.
11. The St. Croix County Land and Water Conservation Department recommended that Conditions 4 and 5 of
the 2010 decision remain intact with regard to requirements for stormwater and erosion control plans and
for i pre-construction meeting.
DECISION
On the basi of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the
applicant's special exception amendment request for Conditions#1,#6, #8, #12, and#15, as amended:
1. Cot dition#I —The amended special exception permit allows the applicant to operate a non-profit animal
ado)tion and education facility and a separate pet boarding kennel, outdoor pavilion, and amphitheater on
the 3ite as indicated in the amended plans submitted and as provided in the conditions below. Intermittent
funi Iraising events and retail sales are anticipated as future activities to provide financial support for facility
ope ation. This approval does not include any additional uses, structures, or activities beyond those
con ained in the amendment application.
2. Condition#6-Normal hours of operation for public access shall be from 10:00 AM to 7:00 PM Tuesday
through Sunday. Staff and volunteer animal caretakers and maintenance hours are anticipated from 7:00
AN to 10:00 PM daily. No dogs shall be in outside enclosures except during daylight hours.
3. Condition#8-The applicant shall have facility employees and volunteers to provide animal care as
pro osed. Staffing will be dependent on the number of animals housed at the facility at any given time,
wit initial phase housing up to 60 dogs and 75 cats. These are the maximum number of dogs and cats
approved in this amended decision.
4. Condition#12-The applicant shall have two(2)years from the approval of these amendments to
continence construction of the new boarding kennel, outdoor pavilion,amphitheater,and animal shelter
building and three(3)years from the date of this approval to begin use of the site for a pet boarding kennel
and an animal shelter facility as proposed.The applicant may request extensions of up to six months not to
exc ed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event
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that additional time is needed. Failure to do so shall result in expiration of the special exception permit. If
the pecial exception permit expires within this timeframe,the applicant will be required to secure a new
special exception permit.
5. Condition#15 -Any minor change or addition to the animal shelter and boarding kennel operations,
including but not limited to a change in use or facilities, or the addition of services or staff shall require
prior review and approval by the Zoning Administrator prior to making the change or addition. Any major
chwige or addition to the originally approved plan will have to go through the special exception approval
process
6. Prior to commencing construction of buildings,pavilion, and amphitheater,the applicant shall submit to
and have approved by the Zoning Administrator the following items:
• An updated landscaping plan and a maintenance agreement to ensure that new landscape plantings are
established successfully for screening purposes and that existing vegetation is maintained at its current
leve l long-term.
• A xN aste management plan for all animal waste and bedding disposal.As part of the plan,the applicants
shal I agree to store all dog waste and bedding in enclosed containers and provide documentation to verify
that it will be hauled off-site to an appropriate disposal facility.
• A si irety in the form of a compliance deposit in the amount of$1,100 to be held by the Zoning
Administrator until the buildings, driveway and parking area paving and landscaping have been completed
and approved to be in compliance with the conditions of this and all applicable provisions of the Ordinance,
at mhich time the deposit will be refunded in full.
• DeN elop and submit an updated erosion and sediment control management plan to meet requirements in
Section 17.12(7)(a)&(b).
• De elop and submit an updated stormwater management plan that complies with NR 151 for all impervious
surf aces(building roofs and paved parking areas)that contribute runoff generated on the site.
The applica its shall strictly adhere to all other conditions of the Board's August 27, 2010 decision.
The followi g vote was taken to approve conditions as amended by the Board: Nelson,yes;Peterson,yes;
Chairman Malick,yes;McAllister,absent; Hurtgen,absent. Motion carried.
APPEAL FIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the
filing dates own 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 informal ion 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.
"0,,,ZONINGBOA1RD F `DJUSTMENT
Signed: C"
Clarence W. "Buck"Malick, Chairman
Date Filed: January 31, 2013
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St. Croix County File#�� b
St. Croix Ani nal Friends Amendment to ST_ C R O I X
P.O. Box 1169 Special Exception
Hudson, Wisconsin 54016
Application
Diana Neubart , President SE 87022
_
715-749-3763 m November 29, 2012 of
AN I MA. L
FRIENDS
SPECIAL EXCEPTION CRITERIA
Pursuant To tt e St. Croix County Zoning Ordinance Section 17.70(7), please answer the following questions to
justify the app val of your request.
1. Describe the details of your request.
St. Croix Anim al Friends wishes to update the applicant/agent and property owner information on this permit.
We would ask that the following conditions be updated as well:
➢ Increase the number of kennel spaces from 45 dogs to 60 dogs, keeping the housing for cats at 75
animal;.
➢ IncludE a boarding facility to provide temporary care for up to 15 dogs and 10 cats as service to
addres 5 a high demand in our area.
➢ IncludE a covered pavilion to facilitate onsite events.
➢ Includf an amphitheater nestled in the hillside on the west side of the property away from the highway
to attra community events and group activities.
➢ Allow n additional 10 parking spaces for programs and small events
➢ Increa a the hours of operation on Tuesday through Sunday from 10am—6pm to 10am—7pm so
familie can visit after work hours.
2. Descril oe the impact of your request on the enjoyment and value of surrounding properties. If there is no
impact explain why.
➢ There is no negative impact because this is a commercially zoned property with no close neighbors.
➢ The positive impact of the developed site would be an attractive, well-maintained site that offers a
variety of public uses and provides facilities addressing identified community needs.
3. Describe the compatibility of your request with the uses and character of the surrounding area.
➢ This facility will be compatible with area animal care clinics, pet services, and product suppliers.
➢ The site will provide additional opportunities for visitors to enjoy the great outdoors in every season.
➢ Please refer to the building concept design, floor plans, and site plan included with this document.
➢ These plans are a work in progress as we continue to gather input from community members as well as
professionals in clinics, pet services, and retailers offering pet supplies.
4. Describe how your request is consistent with the spirit and intent of the zoning district in which your
properly is located.
➢ The shelter can collaborate with area businesses to draw customers by creating mutually beneficial
incenti es to customers.
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(ItemA continues)
➢ This facility will benefit from retail sales of immediate supplies for adopted animals as well as items that
promo le our cause The retail area would be approximately 12'x15' in the lobby.We will conduct
fundra sers and also derive income from the boarding facility to help sustain the shelter.
➢ The shelter will provide services and features not available from other businesses in the area.
5. Descri a how your request will impact public health, safety, and general welfare. What measure will
you take to minimize any negative impact?
➢ Them ain purpose of this facility is to place stray and unwanted animals in permanent homes as quickly
as possible.
➢ We want a shelter that is attractive to the public, making this a welcoming and comfortable place for
prospective pet owners to have a good experience in the process of obtaining a pet.
➢ The s elter will provide a multi-purpose room for community education, meetings, activities, and other
small gatherings. Rent from the use of the facility will help sustain the shelter.
➢ Evente and activities will be developed in response to public input and needs.
➢ SCAF anticipates small groups such as clubs, Boy and Girl Scouts, family gatherings, local
organizations would utilize the multipurpose room in the shelter when it is not in use for educational
purposes such as animal and owner training classes and presentations of pet care and related
progra ms.
➢ Strict compliance with the conditions of our permit will serve to minimize or eliminate any possible
negatilre effects.
6. How Will you ensure that your request will not constitute a nuisance by reason of dust, smoke, ordor, or
other s imilar factor? What measures will you take to prevent a nuisance?
➢
Measures taken to avoid nuisance will be consistent with the conditions stipulated in the special
exception permit and will be closely monitored to assure compliance.
➢ St. Croix Animal Friends intends to be a good neighbor and contribute to the welfare of animals and
people in the communities it serves.
The following aterial is included with this packet for your information and convenience:
➢
Warranty deed
➢ two-page site map obtained from Tammy Ricksecker, WisDOT Access Management Coordinator(715-
836-3 05)
➢ aerial I ihoto taken before previously existing structures were removed in 2012. Only the silo and our
office ormerly the "Country Store") remain on the property.
A
"Future Site of . . ." sign image, 4' X 8'
➢ Sign P rmit Application
➢ 2 facility site concept plans
➢ an example of an outdoor bench style amphitheatre
➢ two facility floor plan concepts provided by architect(Lars Glockzin, Hudson)
➢ the surnmary of SCAF's newly developed Business Plan
➢ a recent local newspaper article
Y a currE nt newsletter
St. Croix AnirT al Friends will be happy to answer any questions or provide additional information.
We thank the Board for their consideration of our update and amendment requests.
Submitted by
Vicki Donatell
Secretary, St. Croix Animal Friends
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