HomeMy WebLinkAbout026-1068-70-249(3) ST CROIX CO U�m
PLANNING &. ZONING
August 9, 2006 File Ref. 05SE0032
Mr. Bernard Kopp
New Horizon Homes, Inc.
1475 Highway 65
New Richmond, WI 54017
Re: St.Croix County Special Exception Request
Parcel ID#: 23.30.18.349E,Town of Richmond
Code Administraa'40
715-386-4680 Dear Mr. Kopp:
Land Information Per the request by your son, Steve Kopp, I am granting asix-month extension for you to pave your
Planning access drive and parking lot, and plant additional trees as required by Conditions #4, 8 and 9 of your
715-386-4674 .,::..<... special exception permit approved by the Board of Adjustment on December 1, 2005. Your son
informed me that this work will be completed by this fall. Please submit photos of the completed
715
Real Proerry paving and landscaping no later than December 1,2006.
-. 336-4677
Rycling Feel free to contact me with any questions or concerns.
1.15-386-4675
Sincerely,
Jenny Shillcox
Land Use Specialist/Zoning Administrator
ST.CROIx COUNTY GOVERN,VENT CENTER
1 1 C 1 CARMI CHAEL ROAD,HUDSON, W1 54016 715386-4686 FAX
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PLANNING &. ZONING
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< December 2,2005 File Ref: 05SE0032
Mr. Bernard Kopp
New Horizon Homes Inc.
1475 Highway 65
New Richmond,WI 54017
Re: St. Croix County Special Exception Request
Parcel ID#: 23.30.18.349E Town of Richmond
Code Administratiop.
715-386-4680 15. Dear Mr. Kopp:
Land Information The St. Croix County Board of Adjustment(Board) has reviewed your special exception request
Planning for professional office uses in the Commercial District in the Town of Richmond. At the hearing
715-386-4674 `y' on December 1, 2005, the Board approved the special exception request with conditions. The
enclosed document is the formal decision regarding the application.
Real PNO&e V
715,:. $ -4677
Your must obtain any other required local, State, and Federal permits and approvals. Should you
Rycling have any questions or concerns, please contact me at 715-386-4680.
*-386-4675
Sincerely,
Jenny Shillcox
Land Use Specialist/Zoning Administrator
Enclosure: Formal Decision
I
cc: Jerry Ripley,JEO Consulting,agent/with enclosure
Clerk,Town of Richmond/with enclosure
Robert Barbian,City of New Richmond/with enclosure
Pam Quinn, St. Croix County Planning and Zoning Department/with enclosures
Steve Olson, St, Croix County Land and Water Conservation Department/with enclosure
Diane Shermann, Wisconsin Department of Transportation/with enclosure
Jim Koenig, Wisconsin Department of Transportation/with enclosure
i
ST.CRO/X COUNTY GOVERNMENT CENTER
1101 CARMICHAEL ROAD,HUDSON, W1 54016 71538&4686 FAX
PZC?CO.SAINT-CRO/X.WI.JS W�AtiV.:;0.SAINT RGIXW.US
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE0032
Applicant: Bernard Kopp,New Horizon Homes,Inc.
Parcel ID#: 23.30.18.349E
Complete Application Received: November 4,2005
Hearing Notice Publication: Weeks of November 14 and 21, 2005
Hearing Date: December 1,2005
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 Bernard Kopp,the owner of the property and New Horizon Homes,Inc.
2. The site is located on Highway 65 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 an office building with a mortgage company and New Horizon Homes, Inc. in the
Commercial District pursuant to Section 17.18 of the St. Croix County Zoning Ordinance.
4. This request does not violate the spirit or general intent of the St. Croix County Zoning Ordinance in that
professional office buildings are a reasonable and appropriate use in the Commercial District,which the
property is currently zoned.
5. With conditions for storm water management, landscaping, lighting,and long-term 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 as the design of the
building is consistent with that of other existing commercial and residential development along the
Highway 65 corridor and will retain the general character of the area.
6. This request does not constitute a nuisance by reason of noise, dust, smoke,odor or other similar factors
since only professional office uses will occur on the site.
7. The standards have been met to grant the special exception permit for professional office use pursuant to
Section 17.18(1)(a-f)of the St. Croix County Zoning Ordinance.
8. The businesses will generate minimal traffic and will provide sufficient area for parking pursuant to
Section 17.57 of the St.Croix County Zoning Ordinance.
9. The office building meets current and proposed road setbacks.
I O.The current driveway access meets the highway spacing requirements for a Class B Highway. It also
appears that access to the north of the parking lot could be provided in the future if the proposed Town
Road linking Highway G to Highway 65 is constructed as planned.
I I.There has been no public opposition to this request.
12.The Town of Richmond has recommended approval
roval of the request.
13.The Ci ty of New Richmond Planning Department does not object to the approval of this re qu est provided
that long-term access is maintained on LOT 6 after the proposed expansion of Highway 65.
14.The Wisconsin Department of Transportation does not object to the special exception request and will
allow access to Lot 6 from a shared driveway off of Highway 65 with conditions.
15.The Land and Water Conservation Department does not object to this request provided that storm water
from all impervious coverage on the site is managed and retained on site.
MC'ISION
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 for a professional office use in the Commercial District,with the
following conditions:
1. This special exception permit is for New Horizon Homes, Inc. and a mortgage company to operate out of
an office building in the Commercial District.
2. The property owner shall maintain a minimum of one paved parking space for each 200 square feet of
building floor area pursuant to Section 17.57(5) as depicted in the site plan revised on November 18,
2005.
3. Prior to opening the businesses, 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 a financial guarantee equal to 120% of
approved construction estimates in favor of St. Croix County, to be held by the Planning and Zoning
Department for the paved driveway and 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.
5. Prior to opening the businesses, the applicant must submit to and have approved by the Zoning
Administrator a revised storm water management plan indicating the elevation of the culvert inlet under
Highway 65 and provisions for retaining all water on site and not directed to the mapped wetland west of
Highway 65. Any changes incurred as a result of future Highway 65 projects will require that the property
owner submit a revised storm water management plan.
2
6. Within 60 days of this approval, the applicant must record: 1) the storm water management plan (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. Storm water is to be retained on the site in the event that Lot 6 is further
subdivided or reconfigured during future road projects, and to make future owners aware of the
responsibilities associated with the plans as well as the limitations incurred as a result of the plans.
7. Any new development on Lot 6 shall require access from Highway G.No new buildings,parking areas,or
other structures or facilities shall be constructed on Lot 6 without prior review and approval from the
Zoning Administrator to ensure long-term access in compliance with future transportation plans and
approvals from the Wisconsin DOT. Furthermore, in the event that future improvements to Highway 65
and/or construction of a Town Road linking the two highways occurs, the applicant shall change the
access from Highway 65 to Highway G or to the Town Road per the recommendation of the Wisconsin
DOT.
8. Within six months of this approval, the applicant shall provide a hard surface (asphalt/concrete) on all
interior driving and parking areas as shown in the revised site plan dated November 18,2005.
9 Within six months of completing construction of the parking lot, the applicant shall plant one additional
evergreen tree to the west of the entrance to the parking lot, and two additional evergreen trees to the east
of the parking lot entrance to substantially screen the parking areas and block vehicle headlights from
adjacent residential properties to the south.
1U The cumulative on-site signage advertising the business shall not exceed 200 square feet. Signs must be
located a minimum of 10 feet from all property lines. The illuminated signs on the building fagade shall
have a shielded light source to reduce glare onto adjacent properties. Any change in on-site signage must
be approved by the Zoning Administrator and must strictly adhere to the St. Croix County Signage
Ordinance.
11. The two approved light posts illuminating the parking lot must be downward directed and shielded away
from neighboring properties with photo cells and/or timers set to the hours of the businesses.
12. Hours of operation shall not extend beyond 8 AM — 8 PM Monday - Friday, or 8 AM — 6 PM on
Saturday.
13. The property shall be maintained in a neat and orderly matter with no outside storage of any materials.
14. 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, and landscaping to ensure that everything has been constructed as
designed and approved.
i
15. The applicant shall contact the Planning and Zoning Department to review this special exception permit
in two years from the approval date (December 1, 2007) for compliance with the conditions of this
approval.
3
Any change or addition in ownership of the building or businesses,use of the building or type of business,
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.
17. The applicant shall have one(1)year from the issuance of the special exception permit to commence both
businesses. Failure to do so shall result in revocation of the special exception permit. If the special
exception permit expires before the businesses commence, the applicant will be required to secure a new
special exception permit before starting the project.
18. 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.
19. Accepting this decision means that the applicant has read,understands,and agrees to all conditions of this
decision.
I
j The following vote was taken to approve: Nelson,yes; Malick,yes; Jensen,yes; Chairperson Speer,yes. Motion
carried unanimously.
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
I'I 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.
li ZONING BOARD OF ADJUSTMENT
I
Signed:
<r Julie Specer,6 person
Date Filed: 12/02/05 Att t:
JennyT1;ifieox,Lanfuse Specialist/Xning Administrator
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LOT 5 CSM VOL. 21 PAGE 5185
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BERNIE B STEVE KOPP RECORD DRAWING
Q 14 7 5 HIGHWAY 65 NEW HORIZON HOMES �
NEW RICHMOND, WI OFFICE BUILDING
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