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HomeMy WebLinkAbout026-1068-70-235 (2) S . tROIX COUNT? PLANNING &. ZONING February 8,2006 File Ref: 06SE0051 Randy and Debbie Calleja :,. 2203 135 'Street New Richmond,WI 54017 Re: St.Croix County Special Exception Request,Parcel#: 23.30.18.349D, Town of Richmond Code Administrate Dear Mr. and Mrs.Calleja: 715-386-4680 �` The St. Croix County Board of Adjustment (Board) has reviewed your special exception request Land InformationJc;f for a banquet hall, restaurant and bar, and gas station and convenience store in the Commercial Planning ::»' ' District in the Town of Richmond. At the meeting on February 8, 2006, the Board approved the 715-386-4674 .O special exception request with conditions. The enclosed document is the formal decision %' regarding the application. Real Pte,_ 7154677 s Your must obtain any other required local, state, and federal permits and approvals. Should you R cling have any questions or concerns,please contact me at 715-386-4680. -386-4675 Sincerely, !V, Jenny Shillcox Land Use Specialist/Zoning Administrator for x Enclosure: Formal Decision cc: Jerry Ripley,JEO Consulting,agent/with enclosure Clerk,Town of Richmond/with enclosure Robert Barbian,City of New Richmond/with enclosure Steve Olson, St.Croix County Land and Water Conservation Department/with enclosure Tim Ramberg, St.Croix County Highway Department/with enclosure Diane Shermann,Wisconsin Department of Transportation/with enclosure Jim Koenig,Wisconsin Department of Transportation/with enclosure ...OF i ST.CROIX COUNTY GOVERNMENT CENTER 1101 CARMICHAEL ROAD,HUDSON, W1 54016 715386-4686 FAX P ZC?CO._SAINT-CROIX.W. JS %V"',V."O.S AI V T-C R 0 1 X.'v^r:.li 5 CERTIFIED SURVEY MAP Located in part of the Northwest Quarter of the of the Northwest Quarter of Section 23, Township 30 North, Range 18 West, Town of Richmond, St. Croix County, Wisconsin; being Lot 5 of the Certified Survey Map recorded In Volume 21, Page 5185 DETAIL NW COR 31.18' 23-30-18 'jV43y8.45 E N8957'40°E 598.02 NE Corner Lot 11-- ti'vi North line Lot 10�' 8:1 North line Lot 11 °o N8937'40"E SOOb2 20 E ( tn —� - 22.00' ° r? 106.15" N89 57'40°E ") 428.46 s_h `~` 169.46' 3 f `,68.37 ` 259.00' .d to Z --`` ---- 1 -237.83=-uo I --- S00 DO'00"w m - ' _ `'''� -`_; ----7500- '---- N 22.77' - l- a 3 ! C4- `' ° -f,�--_�'4 S89'57'40"W N - Flu DRAINAGE EASEMENT "Z ; - -- W � a '---------------------------- 14.47=-.-.' `�. n. - $ +` __ — ------ S4232 27"W °' N N C oo J— =7 W 291.08 0 o i 37.24' i 58332'2 O LOT 10 M N CSM LOT 5, LOT 11 W 40 VOLUME-2-1, i PAGE_5185 ,n„C„_200PJWr � r DESCRIPTION x Located In part of the Northwest Quarter of the of the Northwest Quarter of Section 23, Township 30 North, Range 18 West Town of Richmond, St. Croix County, Wisconsin; being Lot` 5 of the Certified Survey Map recorded in Volume 21, Page 5185, described as fol lows. BEGINNING at the Northwest Comer of sold Section 23, Township 30 North, Range 18 West, thence North 89 degrees 57 minutes 40 seconds East, along the north line of the Northwest Quarter of said section, 598.02 feet to a point on the westerly right of way of;'131st Street,-A thence South 00 degrees 29 minutes 28 seconds East, along sold westerly right of way of 131st Street, 574.14 feet; thence South 89 degrees 57 minutes 43 seconds West, along the south line of said Lot 5 of Certified Survey Map, 598.02 feet to a point on the west line of the Northwest Quarter of said section; thence North 00 degrees 29 minutes 28 seconds West, along said west line, 574.13 feet to the POINT OF BEGINNING. Subject to all easements, restrictions and covenants of record. The total area of the above described parcel Is 343,334 square feet — 7.882 acres. SURVEYOR'S CERTIFICATE 1, Clarence E. Schultz, a Registered Wisconsin Land Surveyor, do hereby certify. That in full compliance with the provisions of Chapter 236.34 of Wisconsin Statutes and the provisions of the St. Croix County subdivision ordinance and under the direction of Randy and Debbie CalleA owners, l have surveyed, divided and mapped the hereon described parcel of land and this map Is a corn t representation of the boundary thereof. 14 --1 Clarence I Pat E. Schultz, S-2031 �I1r11p 'r Date Wnd P.O. Box an �N d Surveyors HS; � x New Richmond, N9 54017 N 715-441-7320 y C AREJE.. * - 20Z r1LVK0Wind Rose ���� Land�Surveyors PROJECT NO.: 2011-02 �IIIIII� NEW RK� AOND.W1 54017 DRAF7ED BY- J. VOGEL 715441-7320 DATE. AUGUST 30, 2011 SHEET 2 OF 4 r 2of4 Vol 25 Page 5815 8 0 x44032599 5 947351 BETH PABST CERTIFIED SURVEY MAP REGISTER OF DEEDS WX Located in art of the Northwest Quarter of the ST. ED F R R CO P RECEIVED FOR RECORD of the Northwest Quarter of Section 23, 12/16/2011 12:14 PM Township 30 North, Range 18 West, EXEMPT #': Town of Richmond, St. Croix County, Wisconsin; REC FEE: 30.00 being Lot 5 of the Certified Survey Mop recorded in Volume 21, Page 5185 COPY FEE: PAGES: 4 4 *ASSUMED EARINGS ARE REFERENCED TO Prepared For: HE WEST UNE OF THE NW 1/4 Randy and Debbie Collejo F SECTION 23-30-18, R & D Catering and Banquet Facility TO BEAR N007928"W 1492 - 131st Street New Richmond, Wl 54017 LOT 3, CSM O 75 150 300 ----------------------- VOL. 3, PG. 775 1 INCH = 150 FEET --COUNTY TRUNK HIGHWAY G L / ,--NORTH LINE NW 114 I N8937'40 E 2638.19' i — NORTHWEST CORNER CENTERLINE- N89 57'40"E 598.02' "� 2040.17' SECTION 23-30-18 FOUND R.R. SPIKE 339.02' 259.00' i i g� N89"5740 �n i 1 —� �106.15� N8937'40"E 428.46' "' 169.46' ��1 T_259.00 - �. ¢\ �� 2 . r) • � 22.00'220 P.) r 1 0 1 z ao 31 g W t 0 .' 40' ::,"' -,�v M DroinoQe Eoseme t ��J L O T 1 . :a- w) - See Detati - 3 - - - ,� '�I ¢N (see o C j M co U to; n pg. 2 of 3) N c 1 i $z L.i.� X_ 12 F-I OWO W } I 65' I I /� N N a 33133 i W Z ti 0o a; N -110=- III' '` o I 1 LiJ W ,'�' 259.00' Z,I N 3 :h ENTRANCE Oi W S89 53'15"W N; Qi V2 _ = ao I ,--SBI 37'12"W }Q T o 0 2 N) J _' ;CL; : Z 5.00' 0 ti 3 [CO � <� 1 per' Z r lz 43 L O T 10 yy �I r� LOT 5, CSM �rl 2J f- 1 33' S VOLUME__21' PAGE 5185 e= 50' !' I Z; z I ------------------------ � W! I ��;-43.89 554.13' f /N. O.D. IR S89 57'43"W 598.02' IRON PIPE 6�6' 1 LOT 11 W ON P/PE SOUTH LINE LOT 5-' i TOTAL AREA ~ 1 I 179.218 SO. FT LOT 10 to i ;'� I z c I LOT 6, CSM 1.819 ACRES ------------------------ TOTAL AREA A a VOL. 24, PG. 5624 264,116 SQ. FT. ---------------------------- 6.063 ACRES WEST QUARTER CORNER AREA EXCLUDING . SECTION 23-30-18 61.492 C S AREA EXCLUDING R/W FOUND PK NAIL a61 ,Is G�i i"� 1.492 ACRES 226,636 SQ. FT. �% �S 5.203 ACRES L E G E N D �� • e •_ ���� a • FOUND 1-1/4 /N. IRON PIPE ••• CE E. - UNLESS NOTED HULTZ O 2031 SET 1 IN. X 18 /N.(O.D.) IRON PIPE WEIGHING 1.13 LBS PER LINEAR FOOT - UNLESS NOTED ® FOUND SECTION CORNER y�y�yS V R �� - - - - - DRAINAGE EASEMENT � — - - — SETBACK LINE > Wind Rose RIGHT OF WAY LINE Land Surveyors P.069=11 PROJECT NO.: 2011-02 NEW FUCHMOND.VW 64017 DRAFTED BY: J. VOGEL 715441-7320 DATE. AUGUST 30, 2011 SHEET 1 OF 4 1 of 4 Vol 25 Page 5815 0 5 8 2 2 2 0 2 VOL 21 PA13E 5185 REGIST&R OF Dfi8D3 CERTIFIED SURVEY MAP RECEIVEEDD FOORR'�tEMCORD Located in part of the Northwest Quarter of the Northwest 014/05/20% 402:28PN Qua-ter of Sectinn 23, Township 30 North, Range 18 West, Town CSRTIFIfiD SURVEY MAP Richmond, St. Croix County, Wisconsin; being a re-division of REC FEE.- 17.of _ Lots 5 and 6 of a Certified Survey Map recorded in Volume 20 COPY EE.- 5• Page 5100 in the St. Croix County Register of Deeds Office. PAGES: 4E� 'v � This survey is exempt under St. Croix County code of VVV ordinances, land use and development Chapter 13(1) 8.3 NOR THWE ST\CO�?NER IVORW LINE OF WE NIN/4 SEC.2J-JO-18 NORTH 114 CORNER (FOUND RAILROAD - SEC.23-30-18 VG 31 MW --/ SP/KE) I -N89'57 40 E 2638.19'- (FOUND SURVEY NAIL) - N89'57'40"E 664.02' y ` rr �A L6 r- 598.02'428.46' Fn", L N89'57'40"E ] / S89'57'4 494.46'W 1974.17' fIJ� 7 10•i�! V> \-•rfj Oroinope Eoscvnant/ 1 50': > `�`$CO1V& Jf* I w o 1 \ 1Q -�Sheds Ill !.. aNi I Y \ GERALD C. �i 65' v A N Ns iyTri 9/e L.B.O. 1000.8 . �'I ^' M p G ,- RIKEY r, A �+ H.W.E. 998.8 + c:. L L075 ca 6 NM O I m TOTAL AREA U a, O , IC RICHMOND �; Iv �0 343,338 sq. ft. I � P C:> ' 1A113 ��` `i N3 �_ 7.88 acres Ca - AREA EXC. R/W ..L po + ID JIM\ t2 J 1JJ'Eopen:ent for 291 V o . 91,613 SO. FT. to � 9 v 4 T r s trbod l sl Ir 1 ���•_ kh o I Ic:3 NO TH t-kLm?' 554.13' -4 z BEARINGS ARE �r 45 I N59-57-43"E 598.02' �Q it D � REFERENCED TO THE • � N p� Z WEST LINE TI THE NW --1 O 80'Rod/us Temporary 1 Qi O 2;;� o �/-de-Sac Easement fV I� 1/4 OF SECTION 23, O ov N (to be extiny✓!shed"pour W � I00 TOWNSHIP 30 N., tv n "f sxtens/on cl torn road) 2 RANGE 18 W. WHICH u7 $ m IS ASSUMED TO BEAR (J Drainage Easement \ 14 LOT 6 Q / �' Noo•2s'2r3"w. 4 J TOTAL AREA ✓ t�V� LINE TABLE t`� ooY'• 387,285 sq. ft. A LINE DIRECTION DISTANCE Lt SOO.29 28 E 55.00' 00,ar I CD oa lo, 8.89 acre �{ L2 N89'57 40 E 66.00 L.B.O. 9147 2 l ^? 1 H. E*. 2 1 //w L-3 N89'S7 A 0 E 6G.00 OD ^' 1 / L4 N05.29 28 W 55.00 Cn I( � ` 7-)',+ "���/".� 7/Trf�� Lfi NO '002'2()"W 22.00 (y -- L/..L 2.- /1 L1 L L11.r�C L _/ L6 106.15 Z ( S89'53'33"W ! �6 500-29:31� 42.33 �. Existtn ® ��292.1 O L9 S89'51'40'W 2.19 I I t 7ti 66'dr' woy0 p x L10 N89'37'1 2 E 5.00 I • 09.13'`����9 mOS ent Cl)^� Ll 1 N89'53 33 E 42.56 For of 6 SB9J0'3?'w/ :p, L12 _W8_9--5-7 43 E 43.89 eo' I i +HIV LOT 7 L13_ N89'57 43 E 14.00 00 "- - L14 N00'29 28 W 80.00 I rrt CSM VOI.- _LD_ I L15 N89'57 43 E 6G.00 L11 ` :329.35 1 L16 500.2- 2 8 34.40 S. 9'5 J,, P G S 1 O C L17 S00�aa E 137.00 33 V]( 371. 1_ --� L18 S83.32 2i W 291.08 L19 54232 27 W 1 37.24 c CD 1 3 1 L20 S89'57 40-W 52.19 f co r'3 - - - - L21 S00'00 00'W 1 75.00 " co --1 WHITE-FAIL MEADOWS 2q0 0 200 h--- ` ` GRAPHIC SCALE iNEST 1/4 CORNER SCALE IN FEET: 1 inch = 200 feet WI # 057S JON U172 (FOUND P.K. NAIL) Section Corner Monument Prepared by- Prepared for and at the request of: of Record w New Horizon Homes, INC. • Set 1" x 18" O.D. Iron Pipe weighing � 0 Bernard, Shirley, & Steve Kopp 1•13 pound3 per linear foot Consulting Group,l,r` 1475 HWY. 65 O Found 1-1/4" O.D. Iron Pipe Phone No. (715) 246-4319 New Richmond, WI 54017 . ....... .. . Build,ng Setback Line ' Fax No. (715) 246-3830 Drafted by. M7chaM H. Lynakey ® Well location P.O. Ric Son Existing Septic System location New Richmond, WI 54017 � 9 P Ys Sheet i at 4 T' Future Wisconsin D.O.T. Road Corridor 1 of 4 Vol 21 Page 5185 �12 (Subject to Setbacks) Parcel #: 026-1068-70-235 07/07/2014 03:08 PM PAGE 1 OF 1 Alt. Parcel M 23.30.18.349D-1 B 026-TOWN OF RICHMOND Current ❑ ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 12/16/2011 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-RJ OF WISCONSIN LLC RJ OF WISCONSIN LLC 2203 135TH ST NEW RICHMOND WI 54017 Property Address(es): *=Primary * 1307CTYRDG Districts: SC=School SP=Special 1490 131 ST ST BANQUET HA Type Dist# Description 1492 131 ST ST C--STORE SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST Notes: SP 1700 WITC RETIRED 2011 FOR 2012;TAKES ALL 026-1068-70-230(349D-1A) FOR CSM 25-5815 LOT 1 026-1068-70-235(349D-1 B) Legal Description: Acres: 6.063 & LOT 2 026-1068-70-236(349D-1 C) SEC 23 T30N R1 8W PT NW NW; BEING LOT 1 CSM 12/3342(16.207AC) FKA CSM 14/3947 Parcel History: LOT 3 FKA CSM 20-5100 LOT 5 FKA CSM Date Doc# Vol/Page Type 21-5185 LOT 5 NKA CSM 25-5815 LOT 10 12/16/2011 947354 EZ-SIGN (6.063AC) 12/16/2011 947353 EZ-1 12/16/2011 947352 WELL 12/16/2011 947351 25/5815 CSM more... Plat: *=Primary Tract: (S-T-R 40%16o,/.) Block/Condo Bldg: *5815-CSM 25-5815 026/2011 12-30N-18W NW NW LOT 10 2014 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 05/01/2012 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 6.063 52,900 1,455,300 1,508,200 NO Totals for 2014: 6.063 52 900 1,455,300 1,508,200 General Property Woodland 0.000 0 0 Totals for 2013: General Property 6.063 52,900 1,455,300 1,508,200 Woodland 0.000 0 0 Lottery redit: Batch#. rY Claim Count: 0 Certification Date Specials: Special Code Category Use r ec S 9 rY Amount P Special Assessments Special Charges Delinquent Charges Total 0.00 0.00 0.00 Parcel #: 026-1068-70-237 07/07/2014 03:08 PM PAGE 1 OF 1 Alt. Parcel M 23.30.18.349D-1 D 026-TOWN OF RICHMOND Current )(I ST. CROIX COUNTY,WISCONSIN Creation Date Historical Date Map# Sales Area Application# Permit# Permit Type #of Units 01/18/2011 00 0 Tax Address: Owner(s): O=Current Owner, C=Current Co-Owner O-MICHELS&JERLOW INVESTMENTS LLP MICHELS&JERLOW INVESTMENTS LLP 227 N KNOWLES AVE NEW RICHMOND WI 54017 Property Address(es): "=Primary * 1307 CTY RD G Districts: SC=School SP=Special 1492 131 ST ST C--STORE Type Dist# Description SC 3962 SCH DIST NEW RICHMOND SP 8020 UPPER WILLOW REHAB DIST Notes: SP 1700 WITC RETIRED 2011 FOR 2012;TAKES ALL 026-1068-70-230(349D-1A) FOR CSM 25-5815 LOT 1 026-1068-70-235(349D-1 B) Legal Description: Acres: 1.816 RETIRED 2011 026-1068-70-236 FOR 2012; HWY PROJECT SEC 23 T30N R18W PT NW NW; BEING LOT 1 more... CSM 12/3342(16.207AC) FKA CSM 14/3947 Parcel History: LOT 3 FKA CSM 20-5100 LOT 5 FKA CSM Date Doc# Vol/Page Type 21-5185 LOT 5 NKA CSM 25-5815 LOT 11 01/30/2012 949846 WD (1.819AC) EXC PT TO HWY PROJ 12/16/2011 947354 EZ-SIGN 1540-02-25-4.01 PARCEL 4(0.030AC) 12/16/2011 947353 EZ-1 12/16/2011 947352 WELL more... Plat: *=Primary Tract: (S-T-R 40%160%) Block/Condo Bldg: *5815-CSM 25-5815 026/2011 12-30N-18W NW NW LOT 11 2014 SUMMARY Bill M Fair Market Value: Assessed with: 0 Valuations: Last Changed: 05/01/2012 Description Class Acres Land Improve Total State Reason COMMERCIAL G2 1.816 26,100 385,200 411,300 NO Totals for 2014: General Property 1.816 26,100 385,200 411,300 Woodland 0.000 0 0 Totals for 2013: General Property 1.816 26,100 385,200 411,300 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 1 i • recommended by the St.Croix County Highway Department and Wisconsin DOT,the increased traffic generated by the proposed businesses will not create congestion or new traffic safety hazards. IO.With conditions for shielding light sources and planting additional trees and shrubs to screen adjacent Ag Residential properties from lights,vehicles and signs,and to filter sounds from vehicles at the gas station, this request would not constitute a nuisance by reason of noise,dust,smoke,odor or other similar factors. 11.The applicants will provide sufficient area for off-street parking pursuant to Section 17.57 of the St. Croix County Zoning Ordinance. 12.All buildings meet required road setbacks from Highway 65,Highway G,and the proposed 131"Street pursuant to Section 17.60 of the St.Croix County Zoning Ordinance. 13.The proposed driveway access meets the highway spacing requirement from Highway G and could comply with the recommendations of the City of New Richmond and Wisconsin Department of Transportation if moved further to the south to a joint access with the Kopp property to the south. 14.With conditions for moving the signs that exceed 100 square feet in area,the signs will meet the setback requirements and other general standards for signs pursuant to Section 17.65(2)of the St. Croix County Zoning Ordinance. 15.The Town of Richmond has recommended approval of the request with the construction and dedication of 1315`Street as a town road. 16.The City of New Richmond Planning Department does not object to the approval of this request provided that the functional integrity of Highway 65 is maintained. 17.The St. Croix County Highway Department does not object to the approval of this request with conditions for the construction of 1315`Street and improvements to Highway G. 18.The St. Croix County Land and Water Conservation Department does not object to this request provided that storm water from all impervious coverage on the site is retained and managed on site. 19.The Wisconsin Department of Transportation does not object to the special exception request with conditions for improvements to Highway 65,Highway G,and 1315`Street to ease congestion and address safety issues. 20.The Wisconsin Department of Natural Resources does not object to the special exception request. The applicant has applied for an NR 216 permit for filling and grading with the Department. 21.The Wisconsin Department of Commerce has granted conditional approval for gas pumps and fuel storage facilities. I 2 FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST.CROIX COUNTY,WISCONSIN File: SE0051 Applicant: Randy and Debbie Calleja,property owners Parcel ID#: 23.30.18.349D Complete Application Received: December 15,2005 Hearing Notice Publication: Weeks of January 9 and 16,2006 Hearing Date: January 26,2006 and February 8,2006 FINDING'S 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 Debbie and Randy Calleja,property owners,with future ownership by R&J of Wisconsin,LLC. 2. The site is located at the intersection of Highway 65 and Highway G in Section 23,T30N-R18W,Town of Richmond, St. Croix County, Wisconsin. 3. The applicant filed with the Planning and Zoning Department an application for a special exception permit for a banquet hall,restaurant and bar,and gas station and convenience store in the Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance. 4. This request complies with the conditions of Rezoning Resolution 663 (2004)for the property(Exhibit 6). 5. This request is consistent with the conditions of the special exception permit approved by the Board of Adjustment on December 1,2005 for the Kopp property to the south with respect to access from the proposed 131"Street. 6. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that banquet halls,restaurants/bars,and gas stations/convenience stores are reasonable and appropriate uses in the Commercial District,which the property is currently zoned. 7. The standards have been met to grant the special exception permit for a banquet hall,restaurant,bar,and gas station with convenience store pursuant to Section 17.18(1)(a-f)of the St. Croix County Zoning Ordinance. 8. The banquet hall,restaurant and bar,and gas station and convenience store will meet several goals of the St. Croix County Development Management Plan by diversifying the economy,providing a community gathering place for the New Richmond area,and serving nearby rural development(Exhibit 18). According to the St. Croix County Economic Development Corporation,there are currently only eight banquet facilities in St. Croix County,two of which are in the New Richmond area;Gibby's Lanes and the New Richmond Golf Club,both of which are catered by the applicants. 9. With conditions for storm water management,erosion control,landscaping, lighting,road improvements, and access,this request would not negatively impact the public health,safety,or welfare of the public,nor would it be substantially adverse to property values in the adjacent residential developments.The building designs are consistent with other existing commercial development along the Highway 65 corridor, including office buildings located directly north and south of the site,a mini storage facility to the northwest,and extensive commercial development further north along the Highway 65 corridor leading into the City of New Richmond. With the addition of left turn lanes on Highway G and Highway 65 as 5. Prior to commencing construction, the applicants must submit to and have approved by the Zoning Administrator a revised storm water and erosion control plan showing the modifications to the outflow structure in the storm water pond recommended by the Land and Water Conservation Department. 6. Prior to commencing construction, the applicants must submit to and have approved by the Zoning Administrator a final revised site plan showing: new locations for the large pole and goal post signs in accordance with Condition#9 below, a Type B1 intersection and bypass lane on Highway G as recommended by the St. Croix County Highway Department, improvements to the Highway 65/G intersection as recommended and agreed upon by the Wisconsin Department of Transportation and the St.Croix County Highway Department, a 33-foot easement along the entire length of the shared property line to the south of Lot 5 to accommodate an alternative shared driveway access to 131 s` Street when the DOT makes improvements to the jug handle or Lot 6 is developed (Note: The Board prefers that the driveway be constructed along the southern property line of Lot 5 instead of the middle of the lot.), a sag vertical curve along Highway G,and additional evergreen and deciduous trees and various shrubs along Highway 65 to substantially screen the parking lot and block vehicle headlights from the adjacent Ag Residential property to the west (except in the vision triangle), as well as additional evergreen and deciduous trees and shrubs along the northeast corner of the property and along the eastern property line bordering the proposed 131" Street to screen adjacent Ag Residential property to the east from vehicle headlights and lights from the gas pump island and parking lot. Existing trees may remain,but no additional trees or shrubs shall be planted in the required vision triangle for the Highway 65/G intersection. The purpose is to reduce the glare from all lights, provide a noise barrier, and enhance the overall appearance of the site. The applicants shall be responsible for making all site and road improvements as shown on the revised site plan. 7. Within 60 days of completing construction, the applicant must record: 1) the storm water management plan (final site plan), 2) permanent drainage easements for all storm water management facilities and retention areas, and 3) a maintenance and monitoring agreement against the property, and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities associated with the plans as well as the limitations incurred as a result of the plans and to ensure that storm water is retained on the site in the event of future improvements to Highways 65 and G. Any changes incurred as a result of future Highway 65 and Highway G projects will require that the property owner submit a revised storm water management plan. 8. The property owner shall maintain a minimum of 206 paved parking spaces for all of the buildings, and shall be responsible for contacting the Zoning Administrator prior to making any changes or additions to the buildings or the site to determine if additional parking is needed. 9. All signs must be located a minimum of 10 feet from all property lines, and all signs over 100 square feet in area must be located 500 feet from adjacent agricultural or residential properties, unless a variance is obtained from this standard. All illuminated signs shall be designed to reduce glare onto adjacent properties. No motion lights are allowed, and all general standards in the St. Croix County Signage Ordinance shall be strictly adhered to. Any change in on-site signage requires prior approval by the 4 4 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 is for Debbie and Randy Calleja, property owners (with future ownership by R & J of Wisconsin, LLC) to operate a banquet hall, restaurant and bar, and gas station and convenience store in the Commercial District as indicated in the site plans submitted on January 18,2006 and the revised conceptual plan submitted on February 2,2006. 2. Prior to commencing construction, the applicants shall submit to the Zoning Administrator a final recorded CSM for the site and a copy of the updated Warranty Deed showing the transfer of ownership to R&J of Wisconsin,LLC.The recorded CSM shall show: all new lot lines for Lots 5 and 6, the dedication of right-of-way for 131 st Street to the Town of Richmond, a 33-foot easement along the entire length of the shared property line to the south of Lot 5 to accommodate an alternative shared driveway access to 1315 Street when the DOT makes improvements to the jug handle or Lot 6 is developed (Note: The Board prefers that the driveway be constructed along the southern property line of Lot 5 instead of the middle of the lot.), • the portion of the jug handle between Highway 65 and 13151 Street as a future road reservation, and • a drainage easement for the storm water pond(see Condition#7 below). 3. Prior to commencing construction,the applicant shall secure all necessary local, State, and federal permits and approvals, including but not limited to a County sanitary permit. 4. Prior to commencing construction, the applicants must submit separate financial guarantees equal to 120% of approved construction estimates in favor of St. Croix County, to be held by the Planning and Zoning Department for each of the following items: an amount not to exceed $15,000 for improvements to the Highway 65/G intersection as recommended and agreed upon by the Wisconsin Department of Transportation and the St. Croix County Highway Department; erosion control; landscaping; the paved driveway; the paved parking lot; and the storm water management plan (to ensure proper construction). 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 Planning and Zoning Department 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 submit proof that the plans were 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. • 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. 3 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(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: S'" A Julie Sp er,Chair ers Date Filed: 02/09/06 Attest: Jenny Shillc Land Use Specialist/Zoning Administrator I 6 Zoning Administrator,who may determine that approval from the Board of Adjustment is needed. 10. All light posts illuminating the parking lot, gas pump canopy, and walkways must be downward directed and shielded away from neighboring properties with photo cells and/or timers set to the hours of the businesses. All lights on the buildings shall have a shielded light source to reduce glare onto adjacent properties. 11. Hours of operation shall not extend beyond those stipulated in Exhibit 8 of the January 26, 2006 staff report. 12. The property shall be maintained in a neat and orderly matter with no un-screened outside storage of any materials. 13. Within six months of completing construction of the entire project, the applicants shall submit to the Zoning Administrator photos and an as-built drawing of all completed buildings, hard surface, storm water management devices, signs, lights, road improvements, access drives, and landscaping to ensure that everything has been constructed as designed and approved. 14. The applicant shall contact the Planning and Zoning Department to review this special exception permit in two years from the approval date (February 8, 2008) for compliance with the conditions of this approval. 15. Any change or addition in ownership of the buildings or businesses, use of the buildings or type of businesses, or project details—including but not limited to expansion, signage, landscaping, or lot/access changes — shall require review and approval by the Zoning Administrator and in some circumstances through the special exception approval process as stated in the Ordinance. 16. The applicant shall have one (1) year from the issuance of the special exception permit to commence construction and two (2) years to substantially complete the project. Failure to do so shall result in revocation 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. 17. 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 amended or added without notice to the applicant and an opportunity for a hearing. 18. 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: Nelson,yes;Malick,yes;Jensen,yes;Luckey,yes;Chairperson Speer,yes. Motion carried unanimously. 5 The Wisconsin Department of Transportation has provided the Randy & Debbie Calleja following information: -Left t lanes in each direction cost$50,000;a roundabout Tabled Special Exception $300,0 O;and a traffic signal$400,000. Request -The County would have to hold financial assurance for future improvements,not DOT.Any improvements required of the applicants that is not designed by the DOT would require DOT plan approval and a Work on Right of Way Permit. At the January 26th hearing,the Board of Adjustment tabled the DOT ran analysis on the Highway 65/G intersection and found that Calleja's special exception request for the following information: it qualified for federal HES funding in the amount of$275-5300,000. -Cost estimates for constructing a left turn lane on Highway 65. Feds pay 90%of costs,local government pays remaining 10%($27 -Future short or mid-term DOT plans for improving Highway 651G. -$30,000),which could be provided by the applicants as a condition of the special exception permit. -Estimated%of construction costs to be provided by applicants. -County Highway Department must sign project agreement with -Financing options for future road improvements. DOT to pursue federal funds,but hasn't made a decision yet. -County concerned about long-term improvements to Highway 65;project design,and the County's role in providing up-front funding and oversight for the project.Needs more information. Revised Conditions -Submit financial assurance for road improvements,as well as paving i Band erosion control/storm water. j - ��� -Work with Zoning Staff on revised site plan that adequately addresses . � raccess and sanitary system issues. i S 1