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Home My WebLink About026-1126-04-000 (5) ST CROIX CO UNTY PLANNING & ZONING November 7, 2007 File #: SE0086 Mike Stevens Derrick Homes, LLC PO Box 445 New Richmond WI 54017 ad,k -' Re: Brushy Mound Partners Special Exception Permit— Financial Surety Release Parcel#: 12.30.18.765, Town of Richmond Code Administrari 715-386-4680 .<, Dear Mr. Stevens, Land Information ' Planning Staff has reviewed the as-built drawing submitted by JEO Consulting on October 12, 2007 715-386-4674. for the above-referenced property, and finds that the rain gardens have been completed in substantial compliance with the plans submitted and as provided in the conditions of the RealP rty special exception permit approved by the Board of Adjustment on July 27, 2006. Enclosed 715 ..., -4677 please find a refund check in the amount of$2,524.80, which hereby releases the financial R cling surety for the project as stipulated by Condition#4 of the special exception permit. 386-4675 Please be advised that we still have not received a recorded copy of an affidavit describing the storm water management plan and operation and maintenance agreement for the rain gardens as required by Condition#5 of the Boards approval. Please submit a recorded copy of this affidavit NO LATER THAN November 16, 2007. Feel free to contact me with any questions or concerns. Thank you for your cooperation in meeting the conditions of the special exception permit. Sincerely, envy Land U cox se Specialist Eric: Check#00101263 .,.:: Cc: Ed Kromrey, JEO Consulting Clerk, Town of Richmond >hf' Steve Olson, St. Croix County Land and Water Conservation Department v. Dan Baumann, Wisconsin Department of Natural Resources ST.CROIX COUNTY Go vERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 715386-4686 FAX PZPCO.SAINT-CROIX.WI.US WWW.CO.SAINT-CRCIX.WI.US F VED 2006 ST.CROIX COUNT` Brushy Mound Partners August 2, 2006 Brushy Mound Partners PO Box 445 New Richmond, WI 5401 7 1505 Hwy. 65 Re: Estimate for Rain Gardens for Lot 4,Waters Edge P.O. Box 445 New Richmond, WI 54017 SCOPE OF WORK: (715) 246-2320 Excavation.........................................................................................$ 190.00 Fax: (715) 246-4948 Install Geotextile (approx. 1500 sq. ft. 249.00 Install 4-6 prepared soils (25 yds)....................................................... 250.00 Woodchips, seed and straw................................................................. 325.00 Grade berm and seed .......................................................................... 310.00 Install 13 plants per garden(26 total)..............................................+ 780.00 Total cost for two gardens..............................$ 2,104.00 Submitt by, omas E. Derrick Accepte y, ichael R. Stevens DERRICK HOMES, LLC 1479 1505 HWY.65,P.O.BOX 445 NEW RICHMOND, WI 54017 ORDER �^ i+ � DATE �i � 79-288-918 OF I � DOLLARS e, S&C Bank New Richmond FOR_ 1150011179112 1:09 180 28801: 1 10 7 1 336 2118 Jennifer Shillcox From: Jennifer Shillcox Sent: Thursday, August 03, 2006 12:17 PM To: 'Tom @DerrickBuilt.com' Subject: Sample Affidavit and Operation & Maintenance Agreement Tom, Attached please find the sample affidavit and storm water operation and maintenance agreement in Word format. As we discussed, you can edit these documents specific to your use. The affidavit must be recorded with the Register of Deeds, and then a copy of the recorded affidavit must be submitted to me along with the operation and maintenance agreement for the file. Feel free to contact me with any questions. Sincerely, Jenny Shillcox Land Use Specialist St. Croix County Planning &Zoning Department 1101 Carmichael Road Hudson, WI 54016 Phone: 715-386-4682 Fax: 715-386-4686 jennifers(a)co.saint-croix.wi.us SCC Sample SE SCC Sample Stormwater Maint...3intenance Agreeme 1 STT:ROIX CO it A IL UNT PLANNING &. ZONING July 28, 2006 File Ref: SE0086 Derrick Homes Attn: Tom Derrick 1505 Highway 65 N New Richmond, WI 54017 Code Administrati-V Re: St. Croix County Special Exception Request for Filling & Grading in the 715-386-4680 Shoreland District,Parcel#: 12.30.18.765, Town of Richmond Land Information Planning Dear Mr. Derrick: 715-386-4674 The St. Croix County Board of Adjustment (Board) has reviewed your special exception request Real Prg,p&e V for filling and grading within the Shoreland District of Brushy Mound Lake in the Town of 715: 6-4677 Richmond. After the hearing on July 27, 2006 the Board voted to approve the application with conditions. The enclosed document is the formal decision regarding the application. Roy hng 11.5-386-4675 Your must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, Jennifer Shillcox Land Use Specialist/Zoning Administrator Eric: Decision Cc: Clerk,Town of Richmond Brushy Mound Partners, LLP, property owner Jerry Ripley,JEO Consulting Group,Inc.,agent Eunice Post,Wisconsin Department of Natural Resources Steve Olson, St. Croix County Land and Water Conservation Department ST.CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W1 54016 7153B64686 FAX PZC)CO._SAIA%T-CRO/X,W.US 1,MhW 0SAINT-::'R IX.WV.IiS t • DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approved the applicant's special exception request,with the following conditions: 1. This special exception permit allows the applicants to disturb approximately 32,171 square feet of land in the Shoreland District of Brushy Mound Lake to construct a house and attached garage and install a septic system and driveway as indicated in the plans submitted on June 5, 2006, and in accordance with the conditions below. Approval for this special exception permit does not include any additional grading and filling, structures,or impervious coverage not indicated in the plans. 2. Prior to commencing construction,the applicants shall be responsible for securing necessary permits from the Town of Richmond and obtaining any other required local, State, or Federal permits and approvals. 3. Prior to commencing construction, a double row of silt fence shall be installed around the perimeter of the construction site in accordance with the erosion control plan dated May 30, 2006. During construction,the smallest amount of bare ground shall be exposed for as short a time as possible. Immediately upon completion of the construction,temporary ground cover shall be used until permanent groundcover is establ ished. 4. Within 30 days of this approval,the applicants must submit a financial guarantee equal to 120% of approved installation estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for the proposed rain gardens to ensure proper installation and the establishment of native vegetation. The initial financial guarantee period shall be for a minimum of one year and shall automatically renew until the County releases any or all of the financial guarantees: • Written estimates must be submitted to the Zoning Administrator for review and approval. • No construction, including earth moving, shall take place prior to approval of the financial guarantees • The applicant shall have the engineer or registered landscape architect submit prool'that the plans \\crc installed as approved. This document can be submitted in the form of an as-built or other document that county staff can review to ensure the plans were installed in accordance with the original design (see Condition#6). • Upon substantial completion of all required improvements, the applicant shall notify the Zoning Administrator of the completion of the improvements in writing. The Zoning Administrator, in consultation with appropriate experts,shall inspect the improvements. • The County may retain a portion of the guarantee, for a period not to exceed two years after final acceptance of an improvement to ensure the project has been stabilized, this amount is not to exceed 15% of the cost of the improvement. 5. Within 60 days of this approval, the applicants shall execute and record affidavits against the property describing the storm water management plan and an operation plan and maintenance agreement for the rain gardens. The applicants shall provide recorded copies to the Zoning Administrator at this time. The intent is to make the current and future owners aware of the responsibilities as well as the limitations incurred as a result of the conditions of this decision and the associated plans. 6. Within 60 days of completing construction,the applicants shall submit to the Zoning Administrator certification or record drawings prepared by the project engineer ensuring that all construction, final grading, and storm water management measures have been installed as indicated in the plans, and photographs of the property as viewed from all angles, including from the lake. 2 } • • FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE0086 Applicant: Brushy Mound Partners,LLP Parcel ID#: 12.30.18.765 Complete Application Received: June 5,2006 Hearing Notice Publication: Weeks of July 10 and 17,2006 Hearing Date: July 27,2006 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following findings of fact and conclusions of law: 1. The applicants are Brushy Mound Partners, LLP, property owners, 1505 Hwy 65 N, New Richmond, Wl 54017. 2. The site is located in the SW I/4 of the SE '/4 of Section 12,T30N,RI 8W,Town of Richmond, St. Croix County, WI. 3. The applicant filed an application with the Board of Adjustment for a special exception permit for filling and grading in the Shoreland District of Brushy Mound Lake pursuant to Sections 17.29(2)(c)3 of the St. Croix County Zoning Ordinance. 4. All structures meet the setback and height requirements in the St. Croix County Zoning Ordinance. 5. With conditions for controlling erosion and managing storm water runoff to minimize the risk of water pollution and sedimentation entering Brushy Mound Lake,and preserving and enhancing existing shoreline habitat to maintain the ecological characteristics of Brushy Mound Lake,this request: • will not violate the spirit or general intent of the Shoreland District pursuant to Sections 17.26 (3)(b)5.a.- c. and 7.a. and c. of the St. Croix County Zoning Ordinance, • will not negatively impact the public health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood, • will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors, and • will comply with the requirements of Section 17.70(7)(b) 13 and 5 and will be consistent with the provisions of Sections 17.70(7)(d) and (f) of the Ordinance. 6. The Town of Richmond recommends approval of this special exception request. 7. The St. Croix County Land and Water Conservation Department approves of the erosion control and storm water management plans and recommends that the applicants record an operation and maintenance plans for the rain gardens against the property. 8. The Wisconsin Department of Natural Resources has verified that a Chapter 30 Permit is not needed for this project and recommends that the applicants make every effort to rp event sediment deposits into Brushy Mound Lake. i • 7. The current level of native grasses,shrubs,and trees within the 75-foot OHWM setback shall be maintained to substantially screen all structures from the lake during summer leaf-on conditions and continue to provide a natural shoreline buffer area and wildlife habitat. 8. The applicants shall not use phosphorous fertilizers to establish and maintain a lawn on the disturbed area of the site,unless a soil test confirms that phosphorous is needed. 9. Any minor change or addition to the project, including but not limited to design of the project, shall require review and approval by the Zoning Administrator prior to making the change or addition. Any major change or addition to the originally approved plan will have to go through the special exception approval process. 10. The applicants shall have one(1)year from the issuance of the special exception permit to commence construction and two(2)years from the issuance of this permit to substantially complete the project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires within this timeframe,the applicant will be required to secure a new special exception permit. Upon prior request from the applicant,the Zoning Administrator may grant approval for an extension of up to six months. 11. 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. 12. Accepting this decision means that the applicants and other owners of the property have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: Nelson,yes;Luckey,yes; Struemke,yes; Zoerb, yes; Chairperson Malick, yes. Motion carried unanimously. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 clays 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. The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Clarence W. M lick,Chairp6rrow Date Filed: 07/28/06 3