HomeMy WebLinkAbout026-1030-90-050 (2) ST. CROIX COUNTY
WISCONSIN
---_ ZONING OFFICE
-N.-o.- ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 - Fax (715) 386-4686
Case#30-01
December 26, 2001
Carlson and Harrington
Attn: Paul Harrington
1683 Chatham Avenue
Saint Paul, MN 55112
Subject: Special Exception Approval (Jennie-0 Turkey Store, Town of Richmond)
Dear Mr. Harrington:
Sprint's request for a special exception to construct a 250-lattice wireless communication facility on
the Jennie-O Turkey Store property was approved by the St. Croix County Board of Adjustment at its
December 20, 2001 meeting, with the conditions listed below. The special exception allows Sprint
PCS to construct the tower as approved. A formal written decision will be mailed to you within 45
days.
CONDITIONS OF APPROVAL
1. A building permit must be obtained from the Town of Richmond prior to construction.
2. Tower must be constructed according to the plans submitted. Applicant to follow all written
stipulations noted in their application.
3. The Zoning Office is to be notified at the start and the finish of the project.
4. Project to meet all requirements of the Wireless Communications Facilities Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate consistent with
17.86 (3). The applicant has provided for two additional collocation opportunities on the
tower in accordance with section 17.86 (3).
7. The color of the tower(including all accessories on the tower) to be painted hydro blue. A
color clip (sample) must be supplied to the Zoning Director for approval prior tothe
construction of the tower.
8. The tower must be removed, and site restored within 12 months of cessation of operation or
use (consistent with 17.83 (6)). Applicant to submit an annual report (due January 1St of each
year) stating location/occupants operational information (ie...is the tower still in use, number
of co-locators, number of co-locations still eligible to locate on tower, etc.)
9. 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 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.
10. Failure to comply with the above conditions shall result in revocation of the Special Exception
Permit.
11. The applicant shall have one (1) year from the issuance of the Special Exception permit to
finish the project. Failure to start 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 starting or completing construction
on the project.
12. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
Please be advised of the Statutory Appeal rights (as described below) of anyone who may be
aggrieved by this decision.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal n St. Croix County circuit court within 30 days
after the filing date, 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 responsbility 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.
If you have questions pertaining to this matter, you can reach me at the number listed above.
Sincerely,
Rod Eslinger
Zoning Specialist
Cc: Jennie-O Turkey Store
Janice Ball, Town Clerk
BOARD OF ADJUSTMENTS MEETING AND HEARING MINUTES
December 20, 2001
(This meeting was recorded by Northwestern Court Reporters)
The meeting was called to order by Chairperson Julie Speer at 8:30 a.m. A role call was
made. Julie Speer, Tom Rose, Rich Peterson,Nick Golz and Dick King were present.
Staff included: Steve Fisher, Zoning Director, Rod Eslinger, Zoning Specialist, and Deb
Zimmermann, Administrative Assistant. Chairperson Speer believes this to be a properly
noticed meeting.
Motion was made by Golz second by Rose to adopt the agenda. Motion carried.
The Board set the next meeting date as January 24, 2002 and will be held in the County
Board Room at the Government Center. The starting time will be 8:30 a.m.
Motion by King second by Rose to approve minutes from the November 15, 2001
meeting as presented. All in favor. Motion carried.
CORPORATION COUNSEL REPORT/ UPDATE ON VIOLATIONS AND
LITIGATION
Corporation Counsel will be available if needed.
UNFINISHED BUSINESS
Jennie-O Turkey Store/Sprint PCS
Eslinger told the Board that this request was tabled at a previous hearing for more
information. The request is for a 250-foot lattice telecommunications tower in the Town
of Richmond. The applicant has responded to the Board's request for more information,
and has provided that information. He went on to explain that zoning has received
verbal confirmation from the FAA that this site is not a presumed hazard. and written
notification will be sent out this week. Eslinger went over the staff report given to the
Board.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Board concerns from previous hearing
Exhibit 3: Letter from Paul Harrington, Sprint representative, with attachments and
maps.
Exhibit 4: Letter from the Dept. of Transportation with attachments
Exhibit 5: Letter from county tower consultant, Jeff Nelson
Exhibit 6: Memo from the ASAC
Exhibit 7: Letter from the Town of Richmond recommending approval
Exhibit 8: Letter from the FAA
Exhibit 9: Map provided by Sprint
Paul Harrington, being duly sworn, is representing Sprint. He has met with the county,
Jeff Nelson, and the town. Harrington went over information requested by the Board.
Sprint has looked at four co-location areas, and none of these sites would work, stating
that the locations were not high enough and would not provide coverage needed. "The
WIXK radio tower in New Richmond will not work, as A.M. towers are not compatible
with telecommunications towers. Jeff Nelson concurs with this. The FAA has concluded
that this site is"no hazard", and has sent a letter dated December 18, 2001 stating this
fact.
Harrington told the Board that their application was submitted under the current tower
ordinance. He is aware that a re-write to the tower ordinance is being proposed, but at
this time, nothing has been finalized. The current ordinance allows for their request, and
encourages towers to be designed for co-location. The tower being proposed at this site
will allow for two additional carriers. Harrington believes that all of the Board's
concerns have been addressed.
A discussion was held on lattice towers versus monopole and stealth towers. Harrington
explained that in order to allow for co-location, the tower needs to be a lattice. A
monopole is not conducive for co-location. He went on to say that a stealth tower would
not work in this area, as they would not get the coverage needed.
The Board will view the site.
Carl and Sue Warren Property/ Sprint PCS
Eslinger updated the Board on this request, stating that it was tabled at a previous hearing
for additional information, similar to the previous Sprint request. This is for a 250-foot
lattice telecommunications tower in the Town of Troy. Eslinger went over staff report,
and the letter from the tower consultant for the county. A question was raised by the
Board as to co-location possibilities on an existing tower in the area owned by Norlight .
Eslinger told the Board that Norlight has refused co-location, and is allowed to do so, as
the tower was built previous to the ordinance being implemented. Eslinger has checked
at the state and federal levels, and nothing supports them having to allow co-location.
The following exhibits were introduced:
Exhibit 1: Staff report
Exhibit 2: Letter to Sprint stating Board concerns
Exhibit 3: Letter from Roger Behrens, attorney for Sprint
Exhibit 4: Letter from county tower consultant, .Leff Nelson dated 10/10/01
Exhibit 5: Letter from Paul Harrington
Exhibit 6: Letter from county tower consultant, Jeff Nelson dated 11/19/01
Exhibit 7: Letter from the Town of Troy
Paul Harrington, being previously sworn, is representing Sprint PCS and the Warrens.
He once again stated that he has met with Jeff Nelson and the county to discuss this
request. He believes all of the Board's concerns have been addressed. He reiterated
Eslinger's statement that they were denied co-location on the Norlight tower. He added
that they cannot co-locate on the WEVR radio station tower, as tills is an A.M. tower. and
co-location would not be allowed.
Harrington told the Board that this request is similar to the previous Jennie-O Turkey
Store request. They have looked at other places for co-location, and have not found
anything. This tower will allow for two additional carriers. They are required by the
FCC to detune the tower, so there will not be interference with the WEVR radio station.
He further added that Jeff Nelson is satisfied with Sprint's response to all concerns, and
supports this request.
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The Board will view the site.
Jeff Bock
Fisher told the Board that Jeff Bock was granted a special exception two years ago for a
contractor's storage yard. One of the conditions was for Bock to report back to zoning
after two years to have his permit reviewed. Fisher reported that every condition has
been met. Bock has kept a daily log on trips in and out of the site, and has done an
excellent job running his business within the perimeters of the conditions. Fisher added
that Bock may be asking the Board to allow him to have an earlier start time, as he feels
that the 7:00 a.m. time imposed on him in the conditions, conflicts with the bus time for
the children in the neighborhood. He believes that it would be safer for him to leave the
site earlier.
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:
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday,
December 20, 2001, 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. The Board will view each site in question, after which the Board will deliberate
and vote on the appeals.
1. ARTICLE: Special Exception request to expand an existing mobile home park
pursuant to 17.15(6)(k), subject to the provisions of Section
17.35(3)(f) of the St. Croix County Zoning Ordinance. Applicant is
requesting to add an additional 32 units to the Hillsdale Village
Mobile Home Park.
APPELLANTS: Thomas A. Otteson, owner; George Dean, agent.
LOCATION: The NW '/4 of the SE 1/4, Section 14, T31N-R18W, Town of Star
Prairie
ADDRESS: 2142 County Road C,New Richmond, Wisconsin.
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
Article One: Hillsdale Village Mobile Home Park/Thomas A. Otteson
Eslinger explained this request is for an expansion of an existing mobile home park. This
location is also referred to as Wall Street Village Mobile Home Park. Eslinger wcilt over
the staff report, explaining how this request relates to our ordinance. The applicant is
asking for 32 additional lots for double-wide manufactured homes. The applicant has
worked with a professional engineer on his erosion control plans and topography survey.
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Eslinger told the Board that the staff has some concerns, and they are listed in the staff
report. The applicant may address these concerns to the Board.
The following exhibits were introduces.
Exhibit 1: Staff report
Exhibit 2: Copy of application and attachments.
Exhibit 3: Copy of zoning map.
Exhibit 4: Copy of site plan
Exhibit 5: Copy of photographs of the property
Exhibit 6: Letter from the Town of Star Prairie
Exhibit 7: Copy of Dept. of Commerce Administrative Code—Comm-95
Exhibit 8: Plans A&B for proposed expansion
Eslinger went over Exhibit 8 with the Board.
Peter Hurth, being duly sworn, is an engineer with Baudhun, Inc. and is representing the
mobile home park. He went over the map of the project site with the Board, pointing out
the road plans, stating that they have all been designed to allow for emergency vehicles,
bus traffic, and can accommodate any traffic in and out of the site. They will be obtaining
a letter from emergency services, stating that roads are adequate. Hurth said they are
working with the highway department, and plan to put in a turn lane on the east side of
County Road C. The Town of Star Prairie has given approval for the road plan.
The Department of Commerce has approved the septic system. There are ponds on the
property to handle the run-off, and all plans for erosion control and stone water
management have been approved by the Land and Water Conservation Department.
A question was raised regarding the sewer line (forcemain) under the road. Hurt h
explained that the forcemain drains back to the dose chamber and the forcemain is buried
deep,and will pose no problem.
A discussion was held on screening issues. Hurth stated that there is some screening at the
site, at the present time. If the Board feels additional screening is needed, they have no
problem with that.
George Dean, being duly sworn, is the manager of the mobile home park. He said that the
bus does not come all the way into the park to pick up children. There are the shelters for
the children, and that is where the bus picks up. There is a 42-foot radius for the bus to Will
around in, and that is adequate, according to the engineered plans.
Eslinger explained that the Department of Commerce, Chapter Comm 95, regulates mobile
home parks in the state. It is required by the state that the applicant submit plans to the
Department of Commerce in order to expand the mobile home park. Hurth told the Board
that they would be applying for a pen-nit from the state for this expansion.
Harlan Vehrs, being duly sworn, is a neighboring property owner. He stated that he has
concerns with regard to trespassing on his property, holding ponds, fencing, road issues and
traffic.
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The Board will view the site.
The Board recessed from 10:20 a.m. to 11:40 a.m. to conduct site visits.
Decisions
The Board reconvened to render decisions at 11:40 a.m.
Article One: Hillsdale Village Mobile Home Park/Thomas A. Otteson
Motion by Golz, second by King to approve the request to expand an existing mobile
home park in the Ag/Residential district, based on the following findings:
1. The Town of Star Prairie has approved of the request.
2. The plans were designed by a professional engineer.
3. The Land and Water Conservation Department has approved the plans.
4. The Department of Commerce has approved of the septic system.
5. The expansion meets a community need.
6. The mobile home park has been kept neat, and no problems have previously
been reported.
7. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting the request.
With the following conditions:
1. This approval is for the Hillsdale Mobile Home Park (Wall Street Village) and is
for 32 units.
2. All interior roads must be of a hard surface.
3. All onsite-recycling units must be screened and kept clean of debris and garbage.
4. Interior lighting must be shielded downward to eliminate light pollution.
5. A landscaping(screening)plan must be submitted to the Zoning Office for
approval by the Zoning Director for the north and west property line. The plan is
to provide screening between the mobile home expansion and the single-family
subdivision(Prairie View Estates) and the property to the west. The plan, at a
minimum, must show two rows of 6-foot trees spaced every twenty feet
(evergreens are preferred) along the north property line and seedlings planted
along the west property line. The plantings must be staggered. For assistance
with the type of tree species that would be best suited for the area, contact Kathy
Nelson, Forester with the Department of Natural Resources, at 715-684-2914.
6. The applicant must secure all state approvals (Comm 95, etc...) for the mobile
home expansion. Copies of the state approvals must be provided to the Zoning
Office.
7. The applicant must submit an access design for a Type B intersection in
accordance with the Wisconsin Department of Transportation standards. The
County Highway Department will review and approve the intersection design. A
County pen-nit is required from the St. Croix County Highway Department for all
construction work within the right-of-way of County Road C.
8. Provide written statements from the Emergency Management Departments (fire.
sheriff, ambulance) serving this mobile home court stating their approval of the
expansion.
5
9. The applicant must install silt fence (erosion control measures) prior to
commencing grading activities. The silt fence shall remain in place until the site
is completely established.
10. The applicant must follow the plans as approved by the St. Croix County Land
and Water Conservation Department.
11. The applicant shall provide the Zoning Office with the name and phone number
of the person responsible for installing and maintaining the erosion control plan.
12. At the completion of the project, an as built must be submitted to the Zoning
Office by the applicant's engineer, that confirms that the project was completed as
approved.
13. The Zoning office is to be notified at the start and the finish of the project.
14. The applicant must secure a township building permit before commencing
construction.
15. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception pen-nit. Failure to commence business
operation in this period 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 business
operation.
16. Any minor changes (or additions) in expansion of the project, including the
changes to the designed plans, signage, lighting, grading, and parking, shall
require review and approval by the Zoning Director. 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.
17. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Peterson; yes; Rose, yes; King, yes; Golz, yes;
Chairperson Speer, yes. Motion carried.
Unfinished Business
Jennie-0 Turkey Store/Sprint PCS
Motion by Golz, second by Peterson to approve the special exception request for a 250-
foot lattice telecommunications tower based on the following findings:
1. The applicant has addressed all of the Boards concerns and questions.
2. The county tower consultant, Jeff Nelson, has recommended approval of the
request.
3. The Town of Richmond has recommended approval of the request.
4. The tower will serve a public need in the area.
5. There were no objections to the request.
6. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting the request.
With the following conditions:
1. A building permit must be obtained from the Town of Richmond prior to
construction.
2. Tower must be constructed according to the plans submitted. Applicant to follow
all written stipulations noted in their application.
3. The Zoning Office is to be notified at the start and the finish of the project.
6
4. Project to meet all requirements of the Wireless Communications Facilities
Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate
consistent with 17.86 (3). The applicant has provided for two additional
collocation opportunities on the tower in accordance with section 17.86 (3).
7. The color of the tower(including all accessories on the tower) to be painted hydro
blue. A color clip (sample) must be supplied to the Zoning Director for approval
prior to the construction of the tower.
8. The tower must be removed, and site restored within 12 months of cessation of
operation or use (consistent with 17.83 (6)). Applicant to submit an annual report
(due January I" of each year) stating location/occupants operational information
(ie...is the tower still in use, number of co-locators, number of co-locations still
eligible to locate on tower, etc.)
9. 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 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.
10. Failure to comply with the above conditions shall result in revocation of the
Special Exception Permit.
11. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to start 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 starting or completing construction on the
project.
12. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes;
Chairperson Speer,yes. Motion carried.
Carl and Sue Warren /Sprint PCS
Motion by Peterson, second by King to approve the special exception request for a 250-
foot lattice telecommunications tower based on the following findings:
1. The applicant has addressed all of the Board's concerns and questions.
2. The county tower consultant, Jeff Nelson, has recommended approval of the
request.
3. The Town of Troy has recommended approval of the request.
4. The tower will serve a public need in the area.
5. There were no objections to the request.
6. The integrity of the ordinance will be upheld and the spirit and intent of the
ordinance will be met by granting the request.
With the following conditions:
1. The applicant is fully responsible for any degradation ol'the si�naL Uansmission to
the WEVR Radio Station, all matters must be mitigated by Sprint I'C ,'.
2. A building permit must be obtained from the To\N-n of Troy prior to construction.
3. Tower must be constructed according to the plans submitted. Applicant to follow
all written stipulations noted in their application.
4. The Zoning Office is to be notified at the start and the finish of the project.
5. Project to meet all requirements of the Wireless Communications Facilities
Ordinance.
6. All FAA and FCC approvals/permits are to be obtained.
7. Applicant to agree to allow collocation of competitors on tower at market rate
consistent with 17.86 (3). The applicant has provided for two additional
collocation opportunities on the tower in accordance with section 17.86 (3).
8. The color of the tower(including all accessories on the tower) to be painted hydro
blue. A color clip (sample) must be supplied to the Zoning Director for approval
prior to the construction of the tower.
9. The tower must be removed, and site restored within 12 months of cessation of
operation or use (consistent with 17.83 (6)). Applicant to submit an annual report
(due January I" of each year) stating locationdoccupants operational information
(le...is the tower still in use, number of co-locators, number of co-locations still
eligible to locate on tower, etc.)
10. 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 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.
11. Failure to comply with the above conditions shall result in revocation of the
Special Exception Permit.
12. The applicant shall have one (1) year from the issuance of the Special Exception
permit to act on the Special Exception permit. Failure to start 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 starting or completing construction on the
proj ect.
13. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
The following vote was taken to approve: Golz, yes; Rose, yes; King, yes; Peterson, yes;
Chairperson Speer, yes. Motion carried.
Motion by Peterson, second by King to adjourn the meeting at 12:40 p.m.
Respectfully submitted:
rina n, Recording Secretary
Ri h Peterson, Secretary Debbie Zimme
s
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
Noll"N r■ - ST. CROIX COUNTY GOVERNMENT CENTER
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 FAX (715) 386-4684
March 4,2002
Carlson and Harrington
Atten: Paul Harrington
1683 Chatham Avenue
St. Paul,MN 55112
Re: Board of Adjustment Decision—Sprint PCS
Warren and Jennie-0 Turkey Store sites
Dear Mr. Harrington:
Enclosed please find the revised Decisions in the above matter, with the correct filing date.
Should you have any questions or concerns,please do not hesitate in contacting me.
Sincerely,
Debra Zi ne ann
Administra ive Assistant
/dz
Enclosures
C: Margaret Ann DesLauriers, Clerk—Town of Troy w/enclosure
Carl and Sue Warren w/enclosure
Janice Ball,Clerk—Town of Richmond w/enclosures
Jennie-0 Turkey Store—w/enclosures
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
M A u M■ — Isola ST. CROIX COUNTY GOVERNMENT CENTER
- --- 1101 Carmichael Road
Hudson, WI 54016-7710
g y (715) 386-4680 FAX (715) 386-4684
March 1,2002 File Ref: 30-01
Carlson and Harrington
Atten: Paul Harrington
1683 Chatham Avenue
St. Paul,MN 55112
Re: Board of Adjustment Decision—Jennie-0 Turkey Store/Sprint PCS
Dear Mr.Harrington:
The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to
locate a telecommunications tower in an Ag/Residential District and has approved this application with
conditions. You received a letter on December 26, 2001 informing you of this approval. The enclosed
document is the formal decision regarding your application.
Should you have any questions or concerns,please do not hesitate in contacting me.
,;n t:hr
ly
eve Fi
Zoning Director
dz
Enclosure
cc: Janice Ball, Clerk—Town of Richmond w/enclosures
Jennie-0 Turkey Store w/enclosures
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: 30-01
Complete Application Received: July 16, 2001
Hearing Notice Publication: Weeks of August 6 and 13,2001
Hearing Date: August 23
Decision made on December 20, 2001
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:
I. The applicant is Sprint PCS, being represented by Carlson and Harrington, whose address is 1683
Chatham Avenue, St. Paul,MN 55112.
2. The owner of the property is Jennie-O Turkey Store, 34 N 7th Street, Barron, W I 54812,
3. The applicant filed with the Zoning Office an application for a special exception request to locate a
telecommunications tower in the Ag/Residential District pursuant to Section 17.85(2)of the St.
Croix County Zoning Ordinance.
4. The property is located in the NE '/4 of the NW '/4, Section 9,T30NR18W, Town of Richmond, St.
Croix County,Wisconsin.
5. The Board of Adjustment found that this special exception application conforms with the
requirements for granting a special exception under Section 17.85(2). 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 locate a telecommunications tower in the
Ag/Residential District and has been approved based on the following findings:
L The applicant has addressed all of the Board's concerns and questions.
2. The county tower consultant,Jeff Nelson,has recommended approval of the request.
3. The Town of Richmond has recommended approval of the request.
4. The tower will serve a public need in the area.
5. There were no objections to the request.
6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by
granting the request.
With the following conditions:
1. A building permit must be obtained from the Town of Richmond prior to construction.
2. Tower must be constructed according to the plans submitted. Applicant to follow all written
stipulations noted in their application.
3. The Zoning Office is to be notified at the start and the finish of the project.
4. Project to meet all requirements of the Wireless Communications Facilities Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate consistent with
17.86 (3). The applicant has provided for two additional collocation opportunities on the tower
in accordance with section 17.86 (3).
7. The color of the tower(including all accessories on the tower)to be painted hydro blue. A color
clip(sample)must be supplied to the Zoning Director for approval prior to the construction of the
tower.
8. The tower must be removed, and site restored within 12 months of cessation of operation or use
(consistent with 17.83 (6)). Applicant to submit an annual report(due January 1st of each year)
stating location/occupants operational information(ie...is the tower still in use,number of co-
locators, number of co-locations still eligible to locate on tower, etc.)
9. 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 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.
10. Failure to comply with the above conditions shall result in revocation of the Special Exception
Permit.
11. The applicant shall have one (1)year from the issuance of the Special Exception permit to finish
the project. Failure to start 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 starting or completing construction on the
project.
12. Accepting this decision means that the applicant has read, understands, and agrees to all
conditions of this decision.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes; Chairperson
Speer,yes. Motion carved.
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,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 jBAsRD ADJUSTMENT
Signed: Chaon
Dated: 02/04//02 Attest: _
Filed: 02/04/02 Zoning Director
2
Parcel #: 026-1029-95-050 04/29/2014 10:29 AM
PAGE 1 OF 1
Alt. Parcel M 09.30.18.123A 026-TOWN OF RICHMOND
Current X ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
0-OUR FAMILY LLP
OUR FAMILY LLP
PO BOX 259
BARRON WI 54812
Property Address(es): '= Primary
Districts: SC=School SP=Special
Type Dist# Description
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST Notes:
SP 1700 WITC
Legal Description: Acres: 40.000
SEC 9 T30N R18W NE NW FKA 026-1029-95
(123)EXC WEST OF 112TH ST Parcel History:
Date Doc# Vol/Page Type
02/13/2001 638440 1586/201 WD
Plat: *=Primary Tract: (s-T-R 40�i 160'x.) Block/Condo Bldg:
*N/A-NOT AVAILABLE 09-30N-18W NE NW
2014 SUMMARY Bill M Fair Market Value: Assessed with:
Use Value Assessment
Valuations: Last Changed: 04/30/2012
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 20.000 2,600 0 2,600 NO
UNDEVELOPED G5 20.000 45,000 0 45,000 NO
i
Totals for 2014:
General Property 40.000 47,600 0 47,600
Woodland 0.000 0 0
Totals for 2013:
General Property 40.000 47,600 0 47,600
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch#:
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
Parcel #: 026-1030-90-050 04/29/2014 10:30 AM
PAGE 1 OF 1
Alt. Parcel#: 09.30.18.131A 026-TOWN OF RICHMOND
Current ❑ ST. CROIX COUNTY, WISCONSIN
Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units
00 0
Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner
C/O JENNIE-0 TURKEY STORE INC/TAX DEPT 0-JEROME FAIRBO FARMS INC
JEROME FAIRBO FARMS INC
1 HORMEL PLACE
AUSTIN MN 55912
Property Address(es): *=Primary
*1633 CTY RD A
Districts: SC=School SP=Special
Type Dist# Description
SC 3962 SCH DIST NEW RICHMOND
SP 8020 UPPER WILLOW REHAB DIST Notes:
SP 1700 WITC
Legal Description: Acres: 59.700
SEC 9 T30N R1 8W 40A NE SE EZ-U-1233/591
FKA(131)026-1030-90& INC E 650 FT NW Parcel History:
SE Date Doc# Vol/Page Type
02/13/2001 638440 1586/201 WD
Plat: *=Primary Tract: (S-T-R 40%1601/4) Block/Condo Bldg:
*N/A-NOT AVAILABLE 09-30N-18W NE SE
2014 SUMMARY Bill#: Fair Market Value: Assessed with:
Use Value Assessment
Valuations: Last Changed: 06/17/2013
Description Class Acres Land Improve Total State Reason
AGRICULTURAL G4 47.000 7,300 0 7,300 NO
UNDEVELOPED G5 12.200 23,200 0 23,200 NO
OTHER G7 0.500 3,800 151,400 155,200 NO
Totals for 2014:
General Property 59.700 34,300 151,400 185,700
Woodland 0.000 0 0
Totals for 2013:
General Property 59.700 34,300 151,400 185,700
Woodland 0.000 0 0
Lottery Credit: Claim Count: 0 Certification Date: Batch M
Specials:
User Special Code Category Amount
Special Assessments Special Charges Delinquent Charges
Total 0.00 0.00 0.00
(4)Maximize the use of existing and approved towers,buildings or structures to accommo-
date new wireless communication service and other transmission antennas to minimize
the number of towers needed to serve the county,while minimizing adverse visual
impacts.
(5)Minimize hazards to birds.
17.81 DEFINITIONS.
(1)Antenna. Any device or equipment used for the transmission or reception of
electromagnetic waves,which may include omni-directional antenna(rod), directional
antenna(panel)or parabolic antenna(disc).
(2) Colocation. The location of more than one antenna or set of antennas on the same tower
or structure.
(3)FAA. Federal Aviation Administration.
(4)FCC. Federal Communications Commission.
5 Hei ht. The distance measured from ground level to the highest point on a tower or
( )—1z �' � P
structure, including any antenna.
(6) High power transmission line. A 69 kv or greater electric transmission line with
towers at least 75 feet in height.
(7) Stealth facility.A wireless communication service or other transmission facility which
appropriately models or mimics in size, shape, scale and color something which exists
in the immediate landscape or which could legally be placed there, or already exists
there, at the time the application is submitted, such as a silo in farm settings or a tree
in forested lands, and which is unrecognizable to a casual observer as a transmission
facility
(8) Tower. Any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas or wind generators, including guy towers,monopole
towers and self-supporting lattice towers.
(9)Tower accessory structure.Any structure located at the base of a tower for housing base
receiving or transmitting equipment.
(10)Transmission Facility. Any WCSF,radio,television or electric generation tower,
equipment and accessory structure other than an electric transmission line.
(11)Wireless communication.Any wireless communication services as defined in the
Telecommunications Act of 1996,including FCC licensed commercial wireless
telecommunications services such as cellular,personal communication services(PCS),
specialized mobile radio(SMR),enhanced specialized mobile radio(ESMR),paging
and similar services that currently exist or may be developed.
(12)Wireless communication service facility (WCSF). All equipment,buildings and
structures with which a wireless communication service carrier or provider broadcasts
and receives the radio frequency waves which carry its services, and all locations of
said equipment,buildings and structures.
17.82 APPLICABILITY.
(1) Preexisting Transmission Facilities.
(a) Any transmission facility for which a permit has been issued prior to August 28, 1997
2
CHAPTER 17, ST. CROIX COUNTY ZONING CODE;'II MELF..SS COM 3W AT—R) r
SERVICE AND OTHER TRANSMISSION FACILITIES REGULATIONS
WHEREAS,the Federal Communications Commission(FCC)has issued wireless
communication licenses for personal communications services and other wireless technologies in
order for those license holders to provide wireless services throughout the United States; and
WHEREAS,the growing demand from citizens and businesses for new wireless
communications services has produced an increased need for the installation of wireless
communication service facilities; and
WHEREAS,the location, siting,design and construction of wireless communication service
and other transmission facilities can have adverse impacts on the surrounding area; and
WHEREAS,tall structures pose hazards to birds which collide with them and the St. Croix
River valley is a migratory corridor; and
WHEREAS,new technologies such as wind generation of electricity and digital television,
use towers; and
WHEREAS,the scenic vistas are important attributes of St. Croix County, contributing to
the tourism industry and contributing to the rural ambience which attracts and holds residents; and
WHEREAS,a working group of representatives of St. Croix valley governments and
interests developed a master plan in March,2001 called"Protecting Scenic Resources While
Providing For Wireless Communication Facilities;"and j
WHEREAS,the County is authorized to enact zoning regulations to promote the public
health, safety and general welfare of the citizens of St. Croix County as provided under section
59.69,Wisconsin Statutes; and
WHEREAS,on April 15, 1997,the St. Croix County Board of Supervisors adopted
Ordinance No. 420(97)establishing a temporary moratorium on construction of
telecommunication towers to allow the County to complete studies,make plans and develop
ordinance amendments to provide for the orderly development of wireless communication service
facilities; and
WHEREAS, on August 19, 1997,the St. Croix County Board of Supervisors adopted
Ordinance 440(97)regulating wireless communication service facilities.
NOW,THEREFORE,to accommodate communication needs while protecting health,
safety and welfare,to minimize adverse visual impacts of wireless communication service and
other transmission facilities,to avoid potential hazards or damage to adjacent properties from tower
structural failure,to maximize the use of existing and approved towers and structures,and to
minimize the number of tall towers needed to serve the County,the St. Croix County Board of
Supervisors does amend Subchapter VIII of Chapter 17, St. Croix County Zoning Code,as follows:
SUBCHAPTER VIII WIRELESS COMMUNICATION SERVICE AND OTHER
TRANSMISSION FACILITIES
17.80 PURPOSE.
The purposes of the regulations and requirements of this subchapter are to:
(1) Accommodate the communication,radio,television, and electric generation needs
while protecting the public health, safety and general welfare;
(2)Minimize adverse visual impacts of wireless communication service and other
transmission facilities through careful site and design standards;
(3)Avoid potential damage to adjacent properties from the construction and location and
operation of wireless communication service and other transmission facilities through
structural standards and setback requirements; and
which make the transmission facility less visible or add a colocating antenna or
wind generator without increasing its height are exempt from requirements
adopted after August 28, 1997.
(2)District Height Limitations. The requirements set forth in this subchapter shall govern
the design and siting of a transmission facility that exceeds the height limitations
specified for the zoning district in which the transmission facility is located.
17.83 GENERAL REQUIREMENTS.
(1)Any transmission facility shall comply with all FCC and FAA rules and regulations.
(2)Design and installation of any transmission facility shall comply with the manufacturer's
specifications. Plans shall be approved and certified by a registered professional
engineer.
(3)Installation of any transmission facility shall comply with all applicable state and local
building and electrical codes.
(4)For leased sites,written authorization for siting a transmission facility must be obtained
from the property owner.
(5)Any transmission facility must be adequately insured against personal injury,wrongful
death, and property damage claims.
(6)Any transmission facility which is unused for the use for which the permit was granted
for 12 consecutive months must be removed and site restored within a reasonable time,
but not more than three months after removal is requested by the County. 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 8 feet. If
removal and/or restoration is not completed,the County is authorized to complete the
removal and site restoration and charge the cost to the performance bond.
(7)Proposals to erect a new transmission facility shall be accompanied by any required
federal, state or local agency license or application for such license.
(8) Only one tower is permitted on a parcel of land. Additional towers may be permitted on
a parcel of land with a special exception permit if the additional tower is located within
200 feet of the existing tower(s)and all other requirements of this subchapter are met.
(9) The monopole is the required tower structure. Guy or lattice towers are prohibited.
Antennas must be contained within or mounted flush with the monopole.
(10)Any owner of a pre-existing transmission facility for which a permit has
been issued shall accept at least two additional colocations on reasonable terms, so
long as adverse visual impacts do not result.
17.84 PROHIBITIONS.
(1)No transmission facility shall be over 200 feet in height.
(2)No transmission facility may be installed on a parcel within a major subdivision created
for residential purposes.
(3)No advertising message or sign shall be affixed to any transmission facility.
(4)No transmission facility shall be artificially illuminated unless required by FCC or FAA
regulations.
(5)No part of any transmission facility shall extend across or over any right-of-way,public
street,highway, sidewalk or property line.
(6) A temporary mobile transmission facility site is not permitted except in the
4
s
shall not be required to meet the requirements of this subchapter exceeding those in
effect at the time the permit was granted, section 17.88, and:
1. Any preexisting transmission facility shall comply with all FCC and FAA rules
and regulations.
2. Any transmission facility which is unused for the use for which the permit was
granted for 12 consecutive months must be removed and site restored within a
reasonable time,but not more than three months after removal is requested by the
County. 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 8 feet. If removal and/or restoration is not completed,the County is
authorized to complete the removal and site restoration and charge the cost to the
performance bond.
3. Any addition or change to a preexisting transmission facility shall comply with
all applicable requirements of this subchapter,provided that such modifications
which make the transmission facility less visible or add a colocating antenna or
wind generator without increasing its height are exempt from requirements
adopted after August 28, 1997.
(b) Any transmission facility for which a permit has been issued prior to the effective date
of this subchapter and after August 28, 1997 shall not be required to meet the require-
ments of this subchapter exceeding those in effect at the time the permit was granted,
section 17.88, and:
1. Any preexisting transmission facility shall comply with all FCC and FAA rules
and regulations.
2. Design and installation of any transmission facility shall comply with the
manufacturer's specifications. Plans shall be approved and certified by a
registered professional engineer.
3. Installation of any transmission facility shall comply with all applicable state and
local building and electrical codes.
4. For leased sites,written authorization for siting the transmission facility must be
obtained from the property owner.
5. Any transmission facilities must be adequately insured against personal injury,
wrongful death, and property damage claims.
6. Any transmission facility which is unused for the use for which the permit was
granted for 12 consecutive months must be removed and site restored within a
reasonable time,but not more than three months after removal is requested by the
County. 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 8 feet. If removal and/or restoration is not completed,the County is
authorized to complete the removal and site restoration and charge the cost to the
performance bond.
7. Only one tower is permitted on a parcel of land. Additional towers may be
permitted on a parcel of land with a special exception permit if the additional
tower is located within 200 feet of the existing tower(s)and all other
requirements of this subchapter are met.
8. Any addition or change to a preexisting transmission facility shall comply with
all applicable requirements of this subchapter,provided that such modifications
3
(a)The following are permitted with a special exception permit issued under this subchapter
and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b)No other transmission facility is permitted in these districts.
(4) Shoreland,Floodplain and St. Croix Riverway Districts.No transmission facility is
allowed in these districts except:
(a) With a special exception permit issued under this subchapter and section 17.70(7), an
antenna or generator attached to an existing tower or structure and not extending more
than 20 feet above the highest point of the tower or structure and where the total height
of the addition would not increase the maximum height to over 200 feet.
(b)With a county land use permit, a stealth facility in the Shoreland District and Floodplain
District. With a county land use permit, a stealth facility in the St. Croix Riverway
District, after Wisconsin Administrative Code Chapter NR 118 is amended to permit a
stealth facility.
(5) St. Croix River Buffer Zone. The St. Croix River Buffer Zone is the area located
outside the St. Croix Riverway District and within two miles of the St. Croix River,
measured from the ordinary high water mark. No transmission facility is allowed
within the St. Croix River Buffer Zone, with the exception of a stealth facility.
17.86 PERFORMANCE STANDARDS
(1)Except as provided in this subchapter, any transmission facility must meet the
dimensional standards applicable to the parcel within the zoning district in which it is
located. Where the transmission facility is the principal use on a parcel,the parcel shall
meet the minimum lot size requirements of the zoning district in which the parcel is
located. On a parcel of land that already has a principal use,the transmission facility
shall be considered an accessory use and a smaller area of land may be leased for it,
provided that all requirements of this ordinance are met.
(2) Setbacks and Separation.
(a) Generally, any tower shall be set back from the nearest property line a distance equal to
the height of the tower. This setback may be reduced up to one-half the height of the
tower if the applicant submits an engineering report from a registered professional
engineer that certifies that the tower is designed and engineered to collapse upon failure
within the distance from the tower to the property line.
(b)No tower shall be located within 500 feet of any residence unless the owner of the
residence agrees in writing.
(3) Colocation/Sharing of Facilities.
(a)No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the permitting authority that no existing tower or structure can
accommodate the applicant's proposed antenna or generator. Examples of supporting
evidence are:
1. No tower or structure is located within the geographic area required to meet the
6
case of equipment failure, equipment testing,equipment replacement,or emergency and
prior authorization is obtained from the Zoning Administrator. Use of a temporary site
for testing purposes shall be limited to 24 hours, and the use of a temporary site for
equipment failure,equipment replacement,or emergency shall be limited to 30 days,
unless extended for good cause in writing by the Zoning Administrator.
17.85 DISTRICT REQUIREMENTS.
A stealth facility s permitted with a county land use permit,which may be issued by the
tY p tY p Y
Zoning Administrator; a county land use permit may not be issued by a deputy zoning
administrator. The Zoning Administrator shall not issue such a county land use permit prior to ten
days after mailing notice of the application to the town in which the transmission facility is
proposed to be located. Any other transmission facility shall be regulated in accordance with the
regulations applicable to the zoning district in which the facility is located. All requirements of the
zoning district other than the standards provided in this subchapter must be met. Following are the
use standards for the various districts:
(1) Commercial,Restricted Commercial and Industrial Districts.
(a) The following are permitted with a county land use permit from the Zoning Administra-
tor issued under this subchapter and section 17.70(3):
1. Any antenna or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b)The following may be permitted with a special exception permit issued under this
subchapter and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure extending more
than 20 feet above the highest point of the tower or structure and where the total height
of the addition would not increase the maximum height to over 200 feet.
2. Any transmission facility to a maximum height of 200 feet.
(2)Agricultural,Agricultural Two and Agricultural Residential Districts.
(a)The following are permitted with a county land use permit from the Zoning
Administrator issued under this subchapter and section 17.70(3):
1. Any antenna or generator attached to an existing tower or structure and not extending
more than 20 feet above the highest point of the tower or structure and where the total
height of the addition would not increase the maximum height to over 200 feet.
2. Any Transmission Facilities within the easement of a high power transmission line or
within 50 feet of the transmission line easement on the same side of the road up to a
maximum height of 200 feet.
(b)The following may be permitted with a special exception permit issued under this
subchapter and section 17.70(7):
1. Any antennas or generator attached to an existing tower or structure extending more than
20 feet above the highest point of the tower or structure and where the total height of the
addition would not increase the maximum height to over 200 feet.
2. Any transmission facility to a maximum height of 200 feet.
(3)Residence and Conservancy Districts.
5
4
mailing notice of the application to the town in which the transmission facility is
proposed to be built.
(3) Special Exception Permits. Any other transmission facility requires a special exception
permit under this subchapter authorized by the Board of Adjustment upon the
submission and approval of a properly completed application for a special exception
under this section and section 17.70(7)and the fee.
(4)Applications. In addition to the application requirements of section 17.70(3)or section
17.70(7), any application for a county land use permit or special exception permit for a
new transmission facility shall include the following information. Applications for land
use permits may omit(b)4 below.
(a)A report from a registered professional engineer and other professionals which:
1. describes the tower height and design, including a cross section and elevation;
2. certifies the transmission facility's compliance with structural and electrical standards;
3. describes the tower's capacity, including the potential number and type of antennas or
generators that it can accommodate;
4. describes the lighting to be placed on the tower if required by the FCC or FAA;
5. certifies that the transmission facility will not cause destructive interference with
previously established public safety communications systems; and
6. describes how the requirements and standards of this ordinance will be met by the
proposed transmission facility.
(b)Each application shall include a facility plan containing the following information:
1. Written description of the type of consumer services each provider will provide to its
customers(radio,television, electric generation,cellular,PCS, SMR, ESMR,paging or
other anticipated wireless communication services).
2. List of all existing sites,existing sites to be upgraded or replaced, and proposed sites
within the County for services to be provided by the provider.
3. Map of the County which shows the geographic service areas of the applicant's
existing and proposed sites.
4. Copies of letters informing each government unit adjacent to the unit and the unit itself
in which the transmission facility is proposed to be located, in Wisconsin and Minnesota,
of the application.
5. A visual analysis, including photo simulations of the view of the vicinity of the
transmission facility before and after the proposed transmission facility is built,taken
from approximately a mile from the transmission facility,north, south, east and west of
the proposed site,and which may include photo montage, field mock up or other
techniques, which identifies the potential visual impacts of the proposed transmission
facility. Consideration shall be given to views from public areas as well as from private
residences. The analysis shall assess the cumulative impacts of the proposed
transmission facility and other existing and foreseeable transmission facilities in the
area, and shall identify and include all feasible mitigation measures consistent with the
technological requirements of the proposed service.
(c) Landowner Acknowledgement. Written acknowledgement by the landowner of a leased
site that he/she will abide by all applicable terms and conditions of the land use permit or
special exception permit,including the restoration and reclamation requirements of
section 17.83(6)of this ordinance.
(d)A performance bond in a form acceptable to the Zoning Administrator in an amount
8
r
applicant's engineering requirements.
2. No existing tower or structure is of sufficient height to meet the applicant's engineering
requirements.
3. No existing tower or structure can be rebuilt to support applicant's proposed antenna or
generator.
4. Electromagnetic interference would interfere with an existing or proposed system.
5. The fees,cost,or contractual provisions required by the applicant to share an existing
tower or structure or to adapt an existing tower or structure for sharing are much more
expensive considering factors such as,without limitation, depreciation,technical
obsolescence,wear and land acquisition.
6. The applicant establishes other facts that render colocation unsuitable.
(4) Screening and Landscaping. The transmission facility is to be located on the site so as to
have the least visual impact. The site shall be landscaped and maintained with a buffer
of plant materials that effectively screens the view of all tower accessory structures,
equipment and improvements at ground level from adjacent properties year around.
Existing mature vegetation and natural landforms on the site shall be preserved to the
maximum extent possible.
(5) Security Fencing and Lighting.
(a)Any transmission facility shall be reasonably protected against unauthorized access.
The bottom of the tower from ground level to 12 feet above ground shall be designed to
prevent unauthorized climbing and shall be enclosed with a minimum of a 6 feet high
chain link fence with a locked gate.
(b) Security lighting for on-ground structures and equipment is permitted, as long as it is
down shielded to keep light within the boundaries of the site.
(6) Color and Materials. Any transmission facility shall use building materials,colors,
textures, screening, and landscaping that blend the transmission facility with the
surrounding natural features and built environment to the greatest extent possible. The
tower and everything attached to it shall be painted and maintained light blue to
minimize visibility, except for those stealth facilities where light blue would not be
appropriate.
(7)Parking and Access. Adequate parking spaces shall be provided on each site so that
parking on public road right-of-way will not be necessary. Additional parking may be
required by the permitting authority if the minimum parking proves to be inadequate.
Access must be provided by a gated, all-weather driveway.
17.87 PERMIT REQUIREMENTS.
(1)The construction or installation of any transmission facility requires a county land use
permit or special exception permit under this ordinance. The permit will specify the use
or uses allowed.
(2) County Land Use Permits. Any stealth facility or the addition of an antenna or
generator to an existing structure permitted under this subchapter may be authorized by
the Zoning Administrator, as indicated above,upon the submission and approval of a
properly completed application and the fee for a county land use permit under this
section and section 17.70(3). A county land use permit may be issued by the Zoning
Administrator,but may not be issued b a deputy zoning administrator. The Zoning
Y Y p tY g
Administrator shall not issue such a county land use permit prior to ten days after
7
sufficient to provide for removal of the transmission facility.
(e)Additional Information and Analysis.
1. The Zoning Administrator or Board of Adjustment may, at his/her or its discretion,
require visual impact demonstrations, including mock-ups and/or photo montages;
screening and painting plans;network maps; alternative site analysis; lists of other
nearby transmission facilities; or facility design alternatives for the proposed
transmission facilities.
2. The Zoning Administrator or Board of Adjustment may employ on behalf of the County
independent technical experts to review materials submitted by the applicant or to
prepare any materials required but not submitted by the applicant. The applicant shall
pay the costs of such review and/or independent analysis.
17.88 BIENNIAL REPORT.
Owners, providers or permittees shall submit each even numbered year on or before
January 31, a transmission facility information report, on a County form. The report shall detail
the use, maintenance and condition of the transmission facility since the previous report,
availability of the Transmission Facility for added colocation and other information reasonably
deemed necessary by the Zoning Administrator. The report shall be accompanied by a two-year
renewal of the performance bond in a form acceptable to the Zoning Administrator in an amount
sufficient to provide for removal of the transmission facility.
17.89 SAFETY INSPECTION.
If the County has reason to believe that a transmission facility is a safety risk, it may
require the permit holder to perform an inspection by a registered engineer and provide a copy of
the inspection results to the Zoning Administrator within sixty days. The County shall provide
the owner with information forming the basis for belief that the transmission facility is a safety
risk before requiring inspection.
17.90 ENFORCEMENT AND PENALTIES
In addition to all other enforcement and penalty remedies available in sec. 17.71, a county
permit issued under this subchapter may be revoked under 17.71(6)(a). Failure or delay longer
than sixty days after the County mails the blank Transmission Facilities information report form
to'the owner/provider or permittee shall result in a late fee of$200.00 per week until received.
9
AN ORDINANCE AMENDING CHAPTER 17,ST. CROIX COUNTY ZONING CODE,
REGULATING WIRELESS COMMUNCATION SERVICE AND OTHER
TRANSMISSION FACILITIES REGULATIONS
Ordinance No. 6 A b
St.Croix County,Wisconsin
WHEREAS, Chapter 17, off the St. Croix County Zoning Code outlines the
regulation of wireless communication services and other transmission facilities; and
WHEREAS, the County is authorized to enact regulations on wireless
communication service and other transmission facilities. This Chapter is adopted under
the authority granted by Secs. 59.67,Wisconsin Statutes; and
WHEREAS, the Planning,Zoning and Parks Committee held a public hearing on
August 8, 2002 to consider amending the County regulation regarding the regulation of
wireless communication services and other transmission facilities. The Planning, Zoning
and Parks Committee has the authority to recommend a change in the ordinance where
they deem necessary.
THEREFORE, the Planning, Zoning and Parks Committee, having considered all
testimony presented at the hearing, recommend the County Board of Supervisors
approve an amendment to the St. Croix County Zoning code to change the regulation of
wireless communication service and other transmission facilities per the attachment.
Effective Date: This ordinance shall become effective upon its adoption by the St. Croix
County Board of Supervisors and its publication.
Ado t by the St. Croix County Board of Supervisors this a 6 day o_f
2002
Attest: Sue E. Nelson, County Clerk
PLANNING,ZONING AND PARKS COMMITTEE
NEGATIVE AFFIRMATIVE
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Art Jensen Ar Jnne senti
Linda Luckey Wa Luckey
Lois Burri Lois Bum
STATE OF WISCONSIN
VeronicaWYM99 ST,CROIX Veronica Anderson
CM*craft.I0 HEREBY CERTIFY mi
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ST. CROIX COUNTY
WISCONSIN
7_ONING OFFICE
JQ ST. CROIX COUNTY GOVERNMENT CENTER
4.L
1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 • Fax (715) 386-4686
February 7,2003 File Ref. 30-01
Carlson and Harrington
Atten: Paul Harrington
1683 Chatham Avenue
St. Paul,MN 55112
Re: Board of Adjustment Decision—Jennie-0 Turkey Store/Sprint PCS
Dear Mr. Harrington:
This letter is to inform you that the special exception permit issued to you for a telecommunications
tower in the Ag/Residential District expired on February 4,2003. According to the terms of the
Decision, condition#11: "The applicant shall have one(1)year from the issuance of the Special
Exception permit to finish the project. Failure to start 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 starting or completing
construction on the project." Enclosed is a copy of the Decision that was sent to you.
Note: The Wireless Communication Service Ordinance was amended by the St. Croix County
Board on August 20, 2002. Please be advised that this ordinance would apply to a new Special
Exception application. I have enclosed a copy of the amended ordinance.
Please contact our office if you have questions regarding this matter.
Sincerely,
v/
Steve Fisher
Zoning Director
dz
Enclosure
cc: Donna Ray, Clerk—Town of Richmond w/enclosures
Jennie-O Turkey Store w/enclosures
ST. CROIX COUNTY
WISCONSIN
ZONING OFFICE
//N//N/N■ r ��r ST. CROIX COUNTY GOVERNMENT CENTER
- 1101 Carmichael Road
Hudson, WI 54016-7710
(715) 386-4680 FAX (715) 386-4684
March 1,2002 File Ref: 30-01
Carlson and Harrington
Atten: Paul Harrington
1683 Chatham Avenue
St. Paul,MN 55112
Re: Board of Adjustment Decision—Jennie-0 Turkey Store/Sprint PCS
Dear Mr.Harrington:
The St. Croix County Board of Adjustment has reviewed your request for a special exception permit to
locate a telecommunications tower in an Ag/Residential District and has approved this application with
conditions. You received a letter on December 26, 2001 informing you of this approval. The enclosed
document is the formal decision regarding your application.
Should you have any questions or concerns,please do not hesitate in contacting me.
Jly,
ish
Zoning Director
dz
Enclosure
cc: Janice Ball, Clerk—Town of Richmond w/enclosures
Jennie-C)Turkey Store w/enclosures
FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
Case: 30-01
Complete Application Received: July 16,2001
Hearing Notice Publication: Weeks of August 6 and 13,2001
Hearing Date: August 23
Decision made on December 20, 2001
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 Sprint PCS, being represented by Carlson and Harrington, whose address is 1683
Chatham Avenue,St. Paul,MN 55112.
2. The owner of the property is Jennie-O Turkey Store,34 N 7th Street, Barron, W 154812.
3. The applicant filed with the Zoning Office an application for a special exception request to locate a
telecommunications tower in the Ag/Residential District pursuant to Section 17.85(2)of' the St.
Croix County Zoning Ordinance.
4. The property is located in the NE '/<of the NW '/<, Section 9,T30I�R18W,Town of Richmond, St.
Croix County,Wisconsin.
5. The Board of Adjustment found that this special exception application conforms with the
requirements for granting a special exception under Section 17.85(2). 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 locate a telecommunications tower in the
Ag/Residential District and has been approved based on the following findings:
1. The applicant has addressed all of the Board's concerns and questions.
2. The county tower consultant,Jeff Nelson,has recommended approval of the request.
3. The Town of Richmond has recommended approval of the request.
4. The tower will serve a public need in the area.
5. There were no objections to the request.
6. The integrity of the ordinance will be upheld and the spirit and intent of the ordinance will be met by
granting the request.
With the following conditions:
1. A building permit must be obtained from the Town of Richmond prior to construction.
2. Tower must be constructed according to the plans submitted. Applicant to follow all written
stipulations noted in their application.
3. The Zoning Office is to be notified at the start and the finish of the project.
4. Project to meet all requirements of the Wireless Communications Facilities Ordinance.
5. All FAA and FCC approvals/permits are to be obtained.
6. Applicant to agree to allow collocation of competitors on tower at market rate consistent with
17.86(3). The applicant has provided for two additional collocation opportunities on the tower
in accordance with section 17.86(3).
7. The color of the tower(including all accessories on the tower)to be painted hydro blue. A color
clip(sample)must be supplied to the Zoning Director for approval prior to the construction of the
tower.
8. The tower must be removed,and site restored within 12 months of cessation of operation or use
(consistent with 17.83 (6)). Applicant to submit an annual report(due January 1 st of each year)
stating location/occupants operational information (ie...is the tower still in use,number of co-
locators,number of co-locations still eligible to locate on tower,etc.)
9. 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 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.
10. Failure to comply with the above conditions shall result in revocation of the Special Exception
Permit.
11. The applicant shall have one(1)year from the issuance of the Special Exception permit to finish
the project. Failure to start 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 starting or completing construction on the
project.
12. Accepting this decision means that the applicant has read,understands,and agrees to all
conditions of this decision.
The following vote was taken to approve: Rose, yes; King, yes; Peterson, yes; Golz, yes; 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 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, 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.
ie T
SignedDated: 02/04//02 Attest:Filed: 02/0 4/02
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