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HomeMy WebLinkAbout026-1048-70-200(2) S 0 tROIX COUNTf PLANNING &. ZONING June 26, 2006 File Ref: SE0081 Neil Bakke < ` Monarch Paving Company 1 PO Box 346 ><«:>:. Turtle Lake, WI 54889 t Code Administrau Re: St. Croix County Special Exception Amendment 715-386-4680 Parcel#: 16.30.18.245B,Town of Richmond Land Information&i Planning Dear Mr. Bakke: 715-386-4674. The St. Croix County Board of Adjustment (Board) has reviewed your special exception Real Prorty amendment request to install a new entrance sign for your facilities in the Town of 715 -4677 Richmond. After the meeting on June 22, 2006 the Board voted to approve the application R ycting with conditions. The enclosed document is the formal decision regarding the application. P--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 Enc: Decision Cc: Clerk, Town of Richmond Cemstone Ready-Mix, Inc. ST.CROIX COUNTY GOVERNMENT CENTER 1 10 1 CARM/CHAEL ROAD,HUDSON, W1 54016 715386-4686 FAX P PCO.5AU1%T-CRO,X.WI.LIS %A)WW.0:._AIVT RCIX.W.0 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 approval is for one illuminated,two-panel V-shaped entrance sign in accordance with the plans received on May 2, 2006 and as provided in the conditions below. Approval for this special exception amendment does not include any additional signs or sign components; facility expansions; or other structures, uses or activities not shown or indicated in the plans submitted. 2. Prior to commencing construction,the applicant shall secure all necessary local, state, and federal permits and approvals. 3. Upon complaint by the adjacent property owner to the west and review by the Zoning Administrator,the applicant shall plant additional evergreen trees along the western property line to substantially screen the adjacent residential property from the sign, and shall submit to the Zoning Administrator photos of the sign and landscaping to ensure that everything has been designed and installed as approved. Insert language from Land Division Ordinance. 4. The applicant shall ensure that the entrance sign complies with the general requirements for signs pursuant to Section 17.65 of the Ordinance. The illuminated sign shall be shielded to prevent glare onto adjacent properties and shall maintain a static display with no moving images, parts, or attachments. 5. Any change in the design or placement of the entrance sign requires prior review and approval by the Zoning Administrator,who may determine that approval from the Board of Adjustment is needed. 6. The applicant shall have one(1)year from the approval of this special exception amendment to complete installation of the sign. If the approval expires within this timeframe,the applicant will be required to secure a new special exception approval. 7. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 8. Accepting this decision means that the applicant and all property owners have read, understand, and agree to all conditions of this decision. Accepting this decision means that the applicant and all property owners 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. 2 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE0081 Property Owner: Cemstone Ready-Mix,Inc. Parcel ID#: 16.30.18.245B Complete Application Received: May 2,2006 Hearing Notice Publication: Weeks of June 5 and 12,2006 Hearing Date: June 22,2006 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 applicant is Cemstone Ready-Mix,Inc., property owner. 2. The site is located on County Highway G in Section 16,T30N, RI 8W, Town of Richmond, St. Croix County, Wisconsin. 3. The applicants filed with the Planning and Zoning Department an application for an amendment to their special exception permit in order to install a new entrance sign along Highway G. 4. The proposed entrance sign would meet the spirit and intent of the St. Croix County Zoning Ordinance due to the fact that the sign will be appropriately sized and located so as to be effective in safely directing travelers on County Highway G to the new entrance while not detracting from the rural character, natural beauty, and other visual amenities of the area. 5. The proposed entrance sign would not be contrary to public health, safety, or general welfare, nor would it be substantially adverse to property values in the neighborhood affected due to the fact that: • the entrance sign will be set back 100 feet from the centerline of Highway G and—300 feet from the only adjacent residential property to the west; • the adjacent residential property to the west is already screened with vegetative cover that the applicants plan to supplement with additional plantings for further screening; • at 10 feet in height,the entrance sign height will be less than the 35-foot limit for signs; and • the entrance sign will be located on a parcel that is surrounded by the Tammec/Monarch/Cemstone mining operation to the north,east,and south; and is across the highway from the Utecht nonmetallic mining operation and the Pine Meadows Golf Course to the southeast and southwest, respectively. The parcel is also adjacent to industrially-zoned land that is part of the existing nonmetallic mining operation and facilities. 6. With conditions for shielding the light source and additional screening, the proposed entrance sign would not constitute a nuisance by reason of light and visual pollution. 7. With conditions for shielding the light source,the proposed entrance sign would comply with general sign regulations outlined in Section 17.65(2)of the Ordinance. 8. The Town of Richmond has recommended approval on the request. 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 al 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: L�. � Clarence W. Ma ick,Chairpers6n Date Filed: 06/26/06 3 • • The Board of Adjustment, after contemplating all relevant information,may do one of the following: 1. Recommend approval of the request. 2. Recommend denial of the request. 3. Table/postpone the decision to absorb information gathered or request additional information. The Board of Adjustment must stipulate findings to support their special exception decision(for approval or denial). TAFii FINDINGS AND CONCLUSIONS OF LAW: Staff offers the following findings and conclusions of law for the Board's consideration: 1. The applicant is Cemstone Ready-Mix,Inc.,property owner. 2. The site is located on County Highway G in Section 16,T30N,RI 8W,Town of Richmond, St. Croix County,Wisconsin. 3. The applicants fled with the Planning and Zoning Department an application for an amendment to their special exception permit in order to install a new entrance sign along Highway G. 4. The proposed entrance sign would meet the spirit and intent of the St.Croix County Zoning Ordinance due to the fact that the sign will be appropriately sized and located so as to be effective in safely directing travelers on County Highway G to the new entrance while not detracting from the rural character,natural beauty,and other visual amenities of the area. 5. The proposed entrance sign would not be contrary to public health,safety,or general welfare,nor would it be substantially adverse to property values in the neighborhood affected due to the fact that: • the entrance sign will be set back 100 feet from the centerline of Highway G and—300 feet from the only adjacent residential property to the west; • the adjacent residential property to the west is already screened with vegetative cover that the applicants plan to supplement with additional plantings for further screening; • at 10 feet in height,the entrance sign height will be less than the 35-foot limit for signs; and • the entrance sign will be located on a parcel that is surrounded by the Tammec/Monarch/Cemstone mining operation to the north,east,and south; and is across the highway from the Utecht nonmetallic mining operation and the Pine Meadows Golf Course to the southeast and southwest,respectively.The parcel is also adjacent to industrially-zoned land that is part of the existing nonmetallic mining operation and facilities. 6. With conditions for shielding the light source and additional screening,the proposed entrance sign would not constitute a nuisance by reason of light and visual pollution. 7. With conditions for shielding the light source,the proposed entrance sign would comply with general sign regulations outlined in Section 17.65(2)of the Ordinance. 8. The Town of Richmond has not submitted a recommendation on the request. STAFF,I I COMM IRATION: Based on the findings of fact and conclusions of law, staff recommends approval of the special exception amendment,with the following conditions for your consideration: 1. This special exception approval is for one illuminated,two-panel V-shaped entrance sign in accordance with the plans received on May 2, 2006 and as provided in the conditions below.Approval for this special exception amendment does not include any additional signs or sign components; facility expansions; or other structures,uses or activities not shown or indicated in the plans submitted. 2 St. Croix County Board of Adjustment Hearing Date: June 22, 2006 APPLICATION # 6: Amendment to Special Exception Permit Applicants: Cemstone Ready-Mix, Inc.,property owners Site Address: 1190 County Highway G,New Richmond,WI Parcel#: 16.30.18.245B Computer#: 026-1048-70-200 Site Location: SW '/ of the SE '/ of Section 16,T30N,RI 8W,Town of Richmond Zoning: Ag Residential Parcel Size: 25 acres Request: Amendment to an existing special exception permit to install a new sign. Exhibits: 1) Staff Report 2) Application for Amendment to Special Exception,received May 2, 2006 3) Photos 4) E-mails between applicant and staff, dated June 9-June 12, 2006 5) Color Sip Design received June 13, 2006 �,� TGIti� 6LGLW,Z;ru� �fCstiri�a4..c�s.�ittt�� l �Gi,ve�� �(,irw-�(.'J �C'Z�� BA4 KkoROUND: The applicants request an amendment to an existing special exception permit approved on July 22, 2004 for the Tammec/Cemstone/Monarch nonmetallic mining operation and facilities in the Town of Richmond. As part of recent improvements to County Highway G done by the mine in 2005,the main entrance to the site has been moved to the west and the applicants propose to erect an illuminated,two-panel V-shaped sign at the new entrance. Each panel will have a surface area of 64 square feet. The sign will be located outside of the highway ROW and will meet all required height limits, setbacks, and lighting provisions. G&EkNMENTAI,AGENCY REVIEW: Town of Richmond: The Town has been sent a copy the application but the Town Board has not submitted a recommendation. SITE REVIEW: Properties adjacent to the proposed sign site are zoned Ag Residential and Industrial and include one existing residential property owned by John Kelly to the west; property owned by the Tammec/Monarch/Cemstone nonmetallic mining operation to the north, east,and south; and the Utecht nonmetallic mining operation and Pine Meadows Golf Course to the southeast and southwest,respectively. Section 17.70(7)(a)of the Ordinance stipulates that the Board of Adjustment shall only grant special exceptions subject to the following provisions: 1. No grant of a special exception shall violate the spirit or general intent of this chapter. 2. No special exception shall be allowed which would be contrary to the public health, safety, or general welfare or which would be substantially adverse to property values in the neighborhood affected. 3. No use shall be permitted by special exception that would constitute a nuisance by reason of noise,dust, smoke,odor, or other similar factors. 4. The Board shall also apply standards set forth in other sections of this chapter,which apply to particular classes of special exceptions. Subchapter VI, Section 17.65(1)and(2)of the Ordinance establishes general standards for signs in all zoning districts to ensure creativity,freedom of choice,effective communication and a sense of concern for visual amenities; while at the same time, assuring that the public is not endangered, annoyed, or distracted by unsafe, disorderly, indiscriminate or unnecessary use of signs. Exhibit 1 2. Prior to commencing construction,the applicant shall secure all necessary local, state,and federal permits and approvals. 3. Within 30 days of completing installation of the entrance sign, the applicant shall plant additional evergreen trees along the western property line to substantially screen the adjacent residential property from the sign, and shall submit to the Zoning Administrator photos of the sign and landscaping to ensure that everything has been designed and installed as approved. 4. The applicant shall ensure that the entrance sign complies with the general requirements for signs pursuant to Section 17.65 of the Ordinance.The illuminated sign shall be shielded to avoid glare onto adjacent properties and shall maintain a static display with no moving images,parts,or attachments. 5. Any change in the design or placement of the entrance sign requires prior review and approval by the Zoning Administrator,who may determine that approval from the Board of Adjustment is needed. 6. The applicant shall have one(1)year from the approval of this special exception amendment to commence installation of the directional sign. If the approval expires within this timeframe,the applicant will be required to secure a new special exception approval. 7. These conditions may be amended or additional conditions may be added if unanticipated circumstances arise that would affect the health and/or safety of citizens or degrade the natural resources of St. Croix County. Conditions will not be amended or added without notice to the applicant and an opportunity for a hearing. 8. Accepting this decision means that the applicant and all property owners have read,understand,and agree to all conditions of this decision. 3