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HomeMy WebLinkAbout026-1298-18-100 `! • 0 *v FINDINGS, CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY, WISCONSIN File: SE0102 Applicants: Michael Feist, Micabren Acres, LLC,and Riding Meadows, LLC Parcel ID#: 34.30.18.524A-10 Complete Application Received: September 5,2006 Hearing Notice Publication: Weeks of October 9 and 16, 2006 Hearing Date: October 26,2006 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 general findings of fact and conclusions of law pertinent to both items: 1. The applicants are Michael Feist, Micabren Acres, LLC and Riding Meadows, LLC. 2. The approximately 40-acre site is located on Lots 18, 19, and 20 of the Riding Meadows North subdivision in the NW %4 of the NW '/4 of Section 34, T30N, RI 8W, Town of Richmond, St_ Croix County, WI. 3_ The applicant's property is zoned Ag Residential and is adjacent to Riding Meadows North, a recently approved residential subdivision that was designed for and is being marketed to horse enthusiasts as an "equestrian neighborhood_" 4. The Town of Richmond recommends approval of these special exception requests. 5. The Land and Water Conservation Department recommends that the applicant supply documentation on the manure rights on 450 adjacent acres; documentation that manure management will be in compliance with the standards in NRCS 313,NRCS 590, and NR 151; a deadline for stabilizing the site after construction, and that the applicant maintain two feet of freeboard in the proposed fishing ponds for storm water storage. 6. The St. Croix County Highway Department has no concerns. 7. The Wisconsin Department of Transportation verified that traffic expected to be generated from the proposed use should have minimal impact on the 130`x' and Avenue/ STH 65 intersection and is not a concern of the Department. 8. The site is approximately 40-acres in size. According to the information and testimony provided by the applicant, approximately 26 acres of the site will be used for pasture and is suitable for waste utilization. The remainder of the site will be occupied by buildings, driving surfaces, ponds, arenas, recreational areas, and areas for the outdoor confinement of horses and cattle(including the cattle yard, horse turn outs, round pens, and any similar areas). Item#1: The Board makes the following findings of fact and conclusions of law pertinent to Item #1 9. The applicant filed an application with the Board of Adjustment for a special exception permit for an equestrian center in the Ag Residential District pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance. 10. The proposed equestrian center meets the criteria for a limited commercial recreational activity pursuant to Section 17.15(6)(m) of the Ordinance since it is subordinate to the primary agricultural use of the surrounding properties. It is not likely to attract other related commercial uses because it is designed to meet the needs of its boarders and clients. The site is connected to an adjacent residential subdivision designed for horse enthusiasts and surrounded by agricultural fields. It is not located directly on a major highway or commer conditions regarding off-street parking,traffic, highway signs for horses-riding, restricting ho EXHIBIT i ' neighboring private property, and providing a sufficient sanitary system, it is possible to prevent negative impacts of this limited commercial recreational use on adjacent residential properties. 11. The proposed equestrian center will not violate the spirit and intent of the Ordinance. The Ag Residential District was created to establish areas within which agricultural uses,commercial uses serving agriculture, limited commercial and institutional uses, and residential uses may be located. The proposed equestrian center will be located in close proximity to existing farms and residences- 1'2 The proposed equestrian center will not negatively impact the health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood. The equestrian center will provide many amenities to future residents of the Riding Meadows North subdivision and the general public, including but not limited to walking trails, horse riding trails, fishing ponds with restricted access, playground equipment and sand volleyball courts, boarding and pasturing of horses,events and activities for horse enthusiasts, white fencing,and new buildings. With conditions for properly managing storm water run off, ensuring that all vehicle maintenance will be conducted on an enclosed impervious surface with no floor drains,and stabilizing the site after construction,the proposed center will not contribute to runoff or cause erosion problems on adjacent sites. 13. With conditions for proper manure management, limiting the hours of activities and noise on the site, paving all main driving surfaces, and restricting lighting,the proposed equestrian center will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors. Future residents of the Riding Meadows subdivision will be aware of the facilities before purchasing their property. Additionally,the facilities will be partially screened frorn adjacent residential lots by trees planted along the property line and several rows of white fencing. 14. The proposed equestrian center will meet several goals and objectives of the St. Croix County Development Management Plan by diversifying the economy, providing employment opportunities,and encouraging the development of appropriate private recreational facilities. Item#2: The Board makes the following findings of fact and conclusions of law pertinent to Item#2: 15. The applicant filed an application with the Board of Adjustment for a special exception permit to exceed one animal unit per acre pursuant to Section 17.15(6)(0)of the St. Croix County Zoning Ordinance. According to the testimony provided by the applicant. he is requesting to keep up to 175 horses and 50 cattle on the site(including foals and calves). 16. With conditions for properly managing manure in accordance with NRCS 313,NRCS 590,NRCS 635,and NR 151 standards, this request: • will not violate the spirit and intent of the Ordinance by minimizing the risk of water pollution from excessive phosphorous and other nutrients entering ground water and the local surface watershed, • will not negatively impact the health, safety or general welfare of the public, nor will it be substantially adverse to property values in the neighborhood,and • will not constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors,since manure will be stored and disposed of properly. 17. The existing horses and cattle on the site currently exceed one animal unit per acre. 2 DECISION On the basis of the above Findings of Fact, Conclusions of Law, and the record herein, the Board approved both special exception requests with the following conditions: 1. This special exception approval allows the applicants to operate an equestrian center with boarding for up to 175 horses and 50 cattle(including foals and calves) in accordance with the plans submitted on September 5, 2006, and as provided in the conditions below. With prior approval from the Zoning Administrator, additional horses may be allowed on the site for special events not to exceed a 24-hour time period. This approval does not include any additional animal units, uses, or activities. 2. The applicant shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals, including but not limited to County Sanitary Permits for all proposed septic systems and any approvals required by the Wisconsin Department of Natural Resources. 3. Within 30 days of this approval,the applicant shall record an affidavit against the property referencing this special exception decision and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities and limitations associated with the property. 4. Within 30 days of this approval,the applicant shall post signs on his property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. 5. Within 30 days of this approval,the applicant must submit a surety in the form of a compliance deposit in good funds in the amount of$10,000 to be held by the Zoning Administrator until the project has been completed and approved to be in compliance with the conditions of this permit, at which time the deposit will be refunded in full. 6. Within 60 days of this approval,the applicants shall submit to and have approved by the Zoning Administrator documentation of the following items: • The transfer of ownership from Riding Meadows, LLC to Micabren Acres, LLC. • A copy of a recorded Certified Survey Map combining existing lots 18, 19, and 20 into one lot. • Certification that the current manure stack has been brought into compliance with NRCS 313 standards. 7. Manure management shall comply with the conditions of this decision and be consistent with NRCS 313,NRCS 590,NRCS 635,and NR 151 standards_ 8. Of the 26 acres of pasture(including horse six horse pastures and one cattle pasture),the applicant may keep one animal unit per acre at any given time only if self-sustaining vegetation is maintained. All other areas used for the outdoor confinement of horses and cattle(including the cattle yard, horse turn outs, round pens,and any similar areas), must have all manure removed weekly in accordance with Condition 49 below.No more than four horses are allowed per turnout area and no more than one horse is allowed per round pen as proposed by the applicant. The applicant shall have 30 days to bring the existing operation into compliance with this condition. 9. All manure must be removed from indoor and outdoor confinement areas and shall be stored in dumpsters and removed off-site in accordance with all applicable laws and regulations. All dumpsters must be covered. 10. Within one year of this approval,the applicant shall fully stabilize the site with permanent self-sustaining vegetation to address existing erosion problems on the site. 3 • I 1_ Within 60 days of substantially completing construction, the applicant shall pave all main driving surfaces and provide paved parking stalls for employees, boarders,and spectators as deemed appropriate by the Zoning Administrator. Horse trailers and trucks with horse trailers will be allowed to park on Class V gravel or on grass. The applicant shall be responsible for maintaining adequate off-street parking for all activities and events throughout the duration of the operation.No overnight camping will be allowed as indicated by the applicant 12. Besides the existing single-family residence, no other buildings on the property shall be used as habitable structures. 13. The applicant shall maintain two feet of freeboard in the proposed fishing ponds for storm water storage 14_ Hours of operation, other than for normal facility maintenance and animal husbandry, shall not extend beyond the hours of 8:00 AM - 10:00 PM. 15. Upon complaints of regularly occurring,excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 16. Signage shall not exceed the two existing stone landscaping signs and one main double-sided 32 square foot entrance sign. All signs shall comply with the general sign standards in Section 17.65(2)of the Ordinance. 17. All lights must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the buildings or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 18. On-site retail sales shall be limited to horse supplies and tack for the clientele of the equestrian operation. Food service shall be limited to concessions at special events. 19. All on-site vehicle maintenance shall be conducted on an enclosed impervious surface with no floor drains. 20. Any minor change(or addition) in expansion of the facilities, including but not limited to building additions, new signage, hours of operation, or a nutrient management plan,shall require prior review and approval by the Zoning Administrator. 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. 21. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation and forfeiture of the sureties. If the special exception permit is revoked, the applicant will be required to secure a new special exception permit to continue the business operation. 22. The applicant shall contact the Zoning Administrator to review this special exception permit annually (October of each year) for compliance with the conditions of this approval. At these times, the applicant shall also submit to the Zoning Administrator proof of manure removal activities. 23. Any change in ownership or management shall require prior notification to the Zoning Administrator. The new owner or manager shall submit to and have approved by the Zoning Administrator a signed statement indicating understanding and acceptance of the terms of the special exception permit, as well as a plan of operations to ensure that all Ordinance requirements and conditions of this permit are met. The Zoning Administrator may determine that additional special exception approval is necessary. 4 24. 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_ 25. 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; Zoerb, yes; Chairperson Mal ick,yes; Luckey, no. Struemke was not present. APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the tiling 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 Oil 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 Sla Q tined: Date Filed: 10/30/06 Clarence W. Malick,Chair erso 5 You must also remove all manure from indoor and outdoor confinement areas on a weekly basis and store it in covered dumpsters or haul it off site in accordance with state standards per Conditions V,8 and 9. Please provide me with the required materials and verification that all conditions are being met no later than January 31, 2006. Failure to comply with these conditions within this timeframe shall be grounds for revocation of your special exception permit. Feel free to contact me with any questions or concerns, and thank you in advance for your cooperation in meeting the conditions of your permit. Sincerely, Jennifer Shill x Land Use Specialist/Zoning Administrator Cc: Clerk,Town of Richmond Steve Olson, St_ Croix County Land and Water Conservation Department Tamara W ittmer, St. Croix County Land and Water Conservation Department Alex Blackburn, St. Croix County Subdivision Specialist Robert Bezek, St. Croix County Code Administrator STQ EROIX COUNT) PLANNING &. ZONING December 18,2006 File Ref: SE0102 Michael Feist Micabren Acres, LLC 1221 130`x' Avenue New Richmond, W154017 Code Administrarrn Re: St. Croix County Special Exception for Micabren Acres-Follow-up Letter 715-386-4680 Computer Parcel#s: 026-1298-18-000,026-1298-19-000,and 026-1298-20-000 Landlnfonnarion (Formerly 026-1097-60-000, ID#: 34.30.18.524A-10),Town of Richmond Planning 715-386-4674 Dear Mr. Feist: Real Pr rty I am writing this letter as a follow-up to your special exception permit for operating an 7157M6-4677 equestrian center and exceeding one animal unit per acre approved by the St. Croix County Board of Adjustment on October 26,2006. The Board stipulated several time-sensitive conditions Recticling in your formal decision for which I have not received anything from you: 75-386-4675 Condition#3: Within 30 days of this approval,the applicant shall record an affidavit against the property referencing this special exception decision and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities and limitations associated with the property. Condition #4: Within 30 days of this approval,the applicant shall post signs on his property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. Condition #5: Within 30 days of this approval,the applicant must submit a surety in m the form of a copliance deposit in good funds in the amount of$10,000 to be held b_v the Zoning Administrator until the project has been completed and approved to be in compliance with the conditions of this permit,at which time the deposit will be refunded in full. Condition #6: Within 60 days of the Board's approval you must submit to and have approved by the Zoning Administrator documentation of the following items: • The transfer of ownership from Riding Meadows, LLC to Micabren Acres, LLC. • A copy of a recorded Certified Survey Map combining existing lots 18. 19, and 20 into one lot. • Certification that the current manure stack has been brought into compliance with NRCS 313 standards. EXHIBIT housing animals meet the required lot line setbacks. I have not received anything on this matter_ • Certification that the current manure stack has been brought into compliance with NRCS 313 standards. I still have not received anything on this matter. The Board also required that you remove all manure from indoor and outdoor confinement areas on a weekly basis and store it in covered dumpsters or haul it off site in accordance with state standards per Conditions #7,8 and 9. I have not received verification that this is currently being done. It has been three weeks sincee vve met and I have not received any of the aforementioned materials from you. As such, we have placed this matter on the agenda for the upcoming Board of Adjustment meeting on February 23, 2007 (agenda enclosed) and will be recommending that the Board schedule a public hearing at its next regularly scheduled meeting on March 22, 2007 to consider revoking your special exception permit pursuant to Section 17.71(6)(d) of the St. Croix County Zoning Ordinance and Condition #21 of your permit. Please note that we could stop the revocation process if you meet all of the conditions of your permit and/or bring your property into compliance with the provisions of the Ordinance before the March hearing is noticed. Feel free to contact me with any questions or concerns. Sincerely, Jennifer Shillcox Land Use Specialist./Zoning Administrator Cc: Clerk,Town of Richmond Steve Olson,St.Croix County Land and Water Conservation Department Tamara Wittmer, St. Croix County Land and Water Conservation Department Alex Blackburn, St. Croix County Subdivision Specialist Kevin Grabau, St. Croix County Code Administrator St.Croix County Board of Adjustment Members STS CROIX COU" PLANNING &. ZONING February 15, 2007 File Ref: SE0102 Michael Feist - Micabren Acres, LLC 1221 130`x'Avenue New Richmond, WI 54017 Re: St.Croix County Special Exception for Micabren Acres—Potential Revocation Code Adrninisrrarri, Computer Parcel#s:026-1298-18-000,026-1298-19-000, and 026-1298-20-000 715-386-4680 (Formerly 026-1097-60-000, ID#: 34.30.18.524A-10),Town of Richmond Land Information .:€` Dear Mr. Feist: Planning 715-386-4674 I am writing this letter as a follow-up to my letter to you dated December 18, 2006 and our meeting on January 24, 2007 regarding your special exception permit for operating an equestrian center and RealPrapery exceeding one animal unit per acre approved by the St. Croix County Board of Adjustment on 715.386-4677 October 26, 2006. Specifically, the Board stipulated several time-sensitive conditions in your formal Recycling decision for which I have not received anything from you: 115-386-4675 Condition#3: By November 30. 2006,you were required to record an affidavit against the property referencing this special exception decision and provide a recorded copy to the Zoning Administrator. After our meeting on January 24"', 1 e-mailed you a sample form with directions for filing the affidavit with the Register of Deeds. I still have not received a recorded copy. Condition #4: By November 30, 2006,you were required to post sur on your property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. At our meeting on January 24'x', you informed me that this would be completed immediately. Please provide verification if this has already been done. Condition#5: By November 30, 2006, you were required to submit a surety in the form of a compliance deposit in good funds in the amount of$10,000 to be held by the Zoning Administrator until the project has been completed and approved to be in compliance with the conditions of this permit,at which time the deposit will be refunded in full. At our meeting on January 24"i, you informed me that you were under some financial restraints, but would find a way to submit this deposit. I still have not received anything from you. Condition #6: By December 30, 2006, you were required to submit to and have approved by the Zoning Administrator documentation of the following items: • The transfer of ownership from Riding Meadows, LLC to Micabren Acres, LLC. I still have not received anything on this matter. • A copy of a recorded Certified Survey Map combining existing lots 18. 19, and 20 into one lot. At our meeting on January 24`x', you informed me that the Town of Richmond opposed this required lot consolidation. You were going to submit official documentation from the Town confirming this. as well as verification that all buildings EXHIBIT CROIX COU" ST4 >:.. PLANNfNG & ZONING February 26, 2007 1'--Ile Ref: SL0102 Michael Feist Micabren Acres,LLC 1221 130°i Avenue New Riclunond, Wl 54017 Re: St.Croix County Special Exception for Micabren Acres—Potential Revocation Code Administrat" Computer Parcel#s: 026-1298-18-000,026-1298-19-000,and 026-1298-20-000 715-386-4680 (Formerly 026-1097-60-000, ID #: 34.30.18.524A-10), Town of Richmond Land Information Dear Mr. Feist: Planning 715-386-4674 At the meeting on February 23, 2007, the St. Croix County Board of Adjustment(Board) scheduled a public hearing on Friday, March 23,2007 to consider revoking your special RealPro&rty exception permit for Micabren Acres(referenced above) pursuant to Section 17.71(6)(4)of the 715.386-4677 St. Croix County Zoning Ordinance and Condition#21 of your pen-nit. You will receive a copy Reveling of the hearing notice and agenda for the meeting in the mail later this week, as well as a copy of *5-386-'4675 the staff report regarding your permit approximately one week prior to the hearing date. Any additional information that you wish to be included in the staff report should be submitted to me no later than Monday- March 12. 2W7. .-1ny information submitted after this date will be distributed to the Board at the hearin<-,. Please feel fi-ee to contact me xvith any questions or concerns. Sincerely, .ienn r Shillcox Land Use Specialist/"Zoning Admin .trator Cc: Clerk,Town of Richmond Steve Olson, St.Croix County Land and Water Conservation Department Tamara Wittmer, St.Croix County Land and Water Conservation Department Alex Blackburn, St. Croix County Subdivision Specialist Kevin Grabau, St"Croix County Code Administrator St. Croix County Board of Adjustment Members EXHIBIT a Sincerely Kevin Grabal Code Admiol for Cc: Cle" =wn of Richmond Nick" W ian, Attorney Stev lson, St. Croix County Land and Water Conservation Department Jenn* Shillcox, Code Administrator, St. Croix County Planning and Zoning Department Greg ,' merman, St. Croix County Corporation Counsel ;wry it I f }fiy�E. Yk ST.CROIX COUNTY GOVERNMENT CENTER PZ9CO.SAINT-CROIX Wf U5 I 10 1 CARMICHAEL-ROAD, HUDSON, WI 540,16 715386-4686 FAX --- - WWW.CO.SAINT-CROIX.WLUS } CROIX COUNI PLANNING & ZONING �r April 13, 2007 File Ref: SE0102 4.- � b Michael Feist Micabren Acres, LLC 1221 1301'Avenue New Richmond,WI 54017 Re: Violation of St. Croix County Zoning Ordinance 715-3866-4680 Code A -4680tratz Computer Parcel#s: 026-1298-18-000, 026-1298-19-000, and 026-1298-20-000 (Formerly 026-1097-60-000, ID#: 34.30.18.524A-10), Town of Richmond Land Information ' Planning Dear Mr. Feist: 715-386-4671: _ After the hearing on March 23, 2007 the St_ Croix County Board of Adjustment voted to revoke Real Perty your special exception permit for exceeding one animal unit per acre. Now that your special 714677 exception permit has been revoked, your property is in violation of Sections 17.12 (12) (c) and (d) of the St. Croix County Zoning Ordinance for having more than one animal unit per acre of R cy h land suitable for waste utilization without a special exception permit. 115-386-4675 According to the information you provided at the hearing, you currently have 133 horses (including foals) and 19 head of cattle on your 40-acre parcel, of which approximately 26 y acres of land is suitable for waste utilization. You must reduce the number of animal units on your property to no more than 26 (one animal unit is equivalent to 1,000 pounds of animal weight) in accordance with the following timeline: April 27, 2007 - No more than 110 animal units May 7 2007 - Y , No more than 68 animal units May 17, 2007 - No more than 26 animal units 0 ,rrz Code enforcement staff will visit your property on these dates to verify the number of animal units. Please be prepared to provide documentation on the numbers and weights of all animals on your property at these times. Failure to comply with the stipulations in this letter will result in enforcement action. Noncompliance with this order may result in the assessment of fines not less than $100.00 but not more than $500.00 per day everyday the violation exists. EXHIBIT ST CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD, HUDSON, Wl 54016 PZ @CO.SA/NTCROIX.Wl.US WWW.0 the site_ which exceeds one animal unit per acre of land suitable for waste utilization as required by the Ordinance. 7. On the site visit on March 23, 2007; the Board of Adiustment observed horses in the turnout areas standing in approximately eight inches of manure and mud, and horses covered in manure and mud, indicating that the manure is not being removed from the turnout areas on a weekly basis and is not being stored in dumpsters or under a roofed area and moved offsite as required by Condition#8 of the Boards October 26, 2006 decision. More than four horses were also observed in the turnout areas. The existing manure pi e(s) has not been moved since October 26, 2006_ The Board finds that these conditions are of an urgent nature and could: • violate the spirit and intent of the Ordinance by posing the risk of water pollution from excessive phosphorous and other nutrients entering ground water and the local surface watershed, g ne ativel } impact the health, safety or general welfare of the public, and could be substantially adverse to property values in the neighborhood,and • constitute a nuisance by reason of odor or other similar factors i� y since manure has not been stored and disposed of properly. DECISION On the basis of the above Findings of Fact,Conclusions of Law,and the record herein;the Board voted to revoke the special exception permit for exceeding one animal unit per acre(Item#2).The following vote was taken to approve the revocation: Chairperson Malick, yes; Zoerb,yes; Luckey,yes. Struemke and Nelson not present_ Motion carried. The Board also voted to modify Condition#11 of the its October 26,2006 decision to conform to its March 23, 2007 decision to revoke the special exception permit for exceeding one animal unit per acre(Item 92)as follows: Condition #L• This special exception approval allows the applicants to operate an equestrian center with boarding For up to 26 animal units as provided in the conditions below. This approval does not include any additional animal units. uses. or activities. The following vote was taken to approve the modification: Chairperson Malick, yes;Zoerb,yes; Luckey,yes. Struemke and Nelson not present. Motion carried. On the basis of the above Findings of Fact,Conclusions of Law,and the record herein,the Board voted to table its decision on the special exception permit for the horse boarding facility(Item#1)as modified for two months.The applicant shall submit the following information prior to the Board's May 24,2007 meeting date: 1. A recorded copy of an affidavit filed with the Register of Deed's office referencing the Board's special exception decision pursuant to Condition #3. 2. Photographs of signs posted on the applicants' property in Micabren Acres and Riding Meadows alertinu riders not to trespass on neighboring private properties pursuant to Condition 44. 3. A surety in the form of a compliance deposit in good funds in the amount of$10,000 to be held by the Zonintv Administrator until the project a s been completed and a pp roved pursuant to Condition #5. 4. Documentation of the following items pursuant to Condition 96: • The transfer of wn o ershI p from Riding Meadows, LLC to Micabren Acres, LLC_ • Combining existing Lots 18, 19, and 20 into one lot to ensure that all buildings housing animal units meet the required setbacks and that adequate acreage is available for the horse facilities. 2 ,f • FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST_ CROIX COUNTY, WISCONSIN File: SE0102 Applicants: Michael Feist,Micabren Acres, LLC,and.Riding Meadows, LLC Parcel ID#: 34.30.18-524A-10 A 10 Hearing Notice Publican on. Wee _ ks of Match 5 and 12, 2007 Hearing Date: March 23,2007 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 fir - g findings of fact and nd conclusions of law pertinent to both speeial exception pen-nits Items #1 and P P ( #2 : l. The applicants are Michael Feist, Micabren Acres, LLC and Ridin g Meadows LLC. 2- The 40-acre site is located on Lots 18, 19,and 20 of the Riding Meadows North subdivision in the NW %4 of the NW '/4 of Section 34,T30N,RI8W,Town of Richmond, St. Croix County, WI. 3- On October 26, 2006, the St_ Croix County Board of Adjustment approved two special exception permits allowing P P g the applicants to operate a horse boarding, training,and breeding facility pursuant to Section 17-15(6)(m)of the St_ Croix County Zoning Ordinance(referred to as Item#I)and to exceed one animal unit per acre pursuant to Section 17.15(6)(o)of the St" Croix County Zoning rdinance referred to as Item g ( m#2). 4. The applicants have failed to comply with Conditions#3 -#9 of the St. Croix County Board of Adjustment's special exception decision as outlined below: a- An affidavit has not been filed with the Register of Deed's office referencing the Board's special exception decision pursuant to Condition#3. b- Photographs of signs posted on the applicants' property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring v P g g pri ate properties have not been submitted pursuant to Condition#4- c- A sure in the form surety h of a compliance deposit in good funds in the amount of$10,000 has not o been submitted pursuant to Condition#5. d- Documentation has not been submitted for the following items pursuant to Condition #6: i- The transfer of ownership from Riding Meadows, LLC to Micabren Acres, LLC. ii- CoImbinin existing xisting Lots 18 19 and 20 into one lot to ensure> s re that all buildings housing animal units meet the required setbacks and that adequate acreage is available for-the horse tacilit i e s- in. The removal of the existing manure stack no later than March 31, 2007 as stipulated in the letter ti-om the applicants received February 23, 2007 (Exhibit 5). e- Documentation has not been submitted verifying that all manure is being stored and managed in compliance with Conditions#7 - #9_ 5- The applicant was notified of being out of compliance with the conditions of his s per-mit in letters h-om staff dated December 18, 2006 and February I5, 2007 and the applicant pp nt also had a meeting with staff on January 24 2007_ > The matter was placed on the agenda of the Board of Adjustment meeting on February 23, 2007, after which it was scheduled led for ublic herein on March 2 P g 3,2007 to consider revoking the special exception pen-ruts due to noncompliance with the Board's conditions- 6- The applicant's site is approximately 40-acres in size_ According to the information and testimony provided by the applicant_ approximately 26 acres of the site will be used for pasture and is suitable for waste utilization- The remainder of the site will be occupied by buildings, driving surfaces, ponds, arenas, recreational areas, and areas for the outdoor confinement of horses and cattle (including the cattle yard, horse turn outs, roun similar areas)_ The applicant testified that lie currently has 133 horses (including foals) and 19 1 EXHIBIT Z • The removal of the existing manure stack no later than March 31, 7007 as stipulated in the letter from the applicants received February 23, 2007 (Exhibit 5). 5. Documentation that all manure is being stored and managed in compliance with Conditions The following vote was taken to table the decision: Chairperson Malick,yes;Zoerb, yes; Luckey, no. Struemke and Nelson not present_ Motion carried_ APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St. Croix County circuit count within 30 days after the tiling 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.. �'kas provided to the Counh%. 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 Malic<.Chairperson Date Filed- 04/02/07 i 3 IT CROIX COUNfry PLANNING &. ZONING February 29,2008 File Ref: SE0102 Michael Feist Micabren Acres, LLC 1221 130`x'Avenue New Richmond, WI 54017 Re: St.Croix County Special Exception Reconsideration Computer Parcel#s: 026-1298-18-000,026-1298-19-000,and 026-1298-20-000 <<i . (Formerly 026-1097-60-000 ID#: 34.30.18.524A-10) Town of Richmond Code Adminisrrati ( Y > > 715-386-4680 t`=< Dear Mr.Feist: Land Information&� Planning The St. Croix County Board of Adjustment(Board)has reconsidered the revocation of your special 715-386-4674.,,-,--.'---*`` exception permits to operate a horse boarding,training, and breeding facility and to exceed one animal unit per acre. At its meeting on February 28, 2008,the Board voted to table its decision on Reaf P rty the revocations until its next regularly scheduled meeting on March 27,2008 subject to the 715 -4677 following conditions: R wing 1. The applicant must withdraw all litigation against the County without prejudice to re-file -386-4675 on the same day that the special exception permits are reinstated. _ .r 2. The applicant shall work with staff to come up with a plan as a practical way to comply . with the outstanding conditions and ordinance requirements. All revised plans and - information must be submitted to the Zoning Administrator no later than noon on "< Tuesday,March 11,2008. 3. The applicant shall pay a$750 fee to offset taxpayer expenses for staff time throughout this process. This fee must be aid no later than noon on Tuesday,March 11 2008. P p Y> > 4. The$3,000 cash compliance deposit and$7,000 letter of credit shall remain intact. "$ Please feel free to contact me with any questions or concerns. Steve Olson and I would be interested in meeting with you prior to the submittal deadline stipulated above to discuss the outstanding conditions and work on practical modifications to the plans to ensure compliance with the conditions and all applicable rules and regulations.Please contact me at your earliest convenience if you are interested in scheduling a meeting. Sincerely, f� 4 Jennifer Shillcox Land Use Specialist x Cc: Clerk,Town of Richmond Nick Vivian,Attorney t Steve Olson St.Croix County Land and Water Conservation Department R Kevin Grabau,Code Administrator, St.Croix County Planning and Zoning Department 1K a Don Gillen,St. Croix County Corporation Counsel E;--f ST CROIX COUNTY GOVERNMENT CENTER 1 101 CARMICHAEL ROAD,HUDSON, W/ 54016 PZPCO.SAINT-CROIX.W,US 1NW4v.CO. z Of Section 17.71(6)(a)of the St. Croix County Zoning Ordinance states that where a special exception use has been approved subject to specified conditions and where such conditions are not complied with, the Board of Adjustment may conduct a hearing following procedures similar to those followed in considering the granting of such a special exception.Finding of noncompliance with the conditions originally imposed shall be grounds for revocation. Article VIII, Section 8 of the St. Croix County Board of Adjustment Rules and By-Laws states that a simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is approved,the case will be placed on the agenda for the next regular meeting and notice given of the re-hearing as required for an original hearing upon payment of the re-hearing fee. The Board of Adjustment,after contemplating all relevant information,may do one of the following: 1. Approve the request. 2. Deny 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 decision(for approval or denial). STr44ROPQS,i FINDANGS Avg ca'1 %. SIONS OF LAW: Staff offers the following general findings of fact and conclusions of law pertinent for the Board's consideration: 1. The applicants are Riding Meadows, LLC,property owner; Micabren Acres, LLC, operator of the proposed horse boarding facility; and Michael Feist,who is associated with both. 2. The 36-acre site is located on Lot 1 of CSM 23-5472(previously Lots 18, 19, and 20 of Riding Meadows North)in the NW '/ of the NW '/o of Section 34,T30N, RI 8W,Town of Richmond, St. Croix County,WI. 3. On October 26, 2006,the St. Croix County Board of Adjustment approved two special exception permits allowing the applicants to operate a horse boarding,training, and breeding facility pursuant to Section 17.15(6)(m)of the St.Croix County Zoning Ordinance and to exceed one animal unit per acre pursuant to Section 17.15(6)(o)of the St. Croix County Zoning Ordinance. 4. Staff sent letters to the applicant on December 18, 2006 and February 15, 2007 and had a meeting with the applicant on January 24, 2007 regarding conditions of the Board's approval that had not been met within the timeframes stipulated.The matter was placed on the Board's meeting agenda on February 23, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permits. 5. On March 23, 2007,the St.Croix County Board of Adjustment voted to revoke the special exception permit for exceeding one animal unit per acre and voted to table its decision on the special exception permit for the horse boarding,training, and breeding facility for two months to allow the applicant additional time to meet the outstanding conditions related to that permit. The Board identified specific actions to be taken and documentation to be provided by the applicant within this two-month timeframe to satisfy Conditions#3 -#9. 6. On May 24, 2007,the St. Croix County Board of Adjustment considered and denied a request by the applicant to suspend its rules and by-laws to reconsider the March 23, 2007 revocation of the special exception permit for exceeding one animal unit per acre. At the same hearing, the Board voted to deny a motion to revoke the special exception permit for the horse boarding, training, and breeding facility. While it wasn't formally acted on, it was the consensus of the Board to extend the deadlines for Conditions#3 -#9 of its original special exception decision until July 1,2007.The applicant failed to meet this deadline. The matter was placed on the Board's meeting agenda on June 28, 2008, after which the Board scheduled a public hearing to consider revoking the special exception permit. 7. On August 23, 2007, the Board revoked the special exception permit for the horse boarding,training, and breeding facility. -2- f St. Croix County Board of Adjustment Hearing Date: March 27, 2008 Unfinished Business: Revocation Reconsideration (Tabled February 28, 2008) Applicants: Michael Feist,Micabren Acres,LLC and Riding Meadows, LLC,property owners Site Address: 1221 130`"Avenue Property#: 34.30.18.1573A Computer#: 026-1298-18-100 Location: NW % of the NW '/ of Section 34, T30N,R1 8W,Town of Richmond Zoning: Ag Residential Parcel Size: 36 acres Request: Reconsideration of the following special exception permits that were approved by the Board of Adjustment on October 26,2006 and later revoked: Item #1: Special exception permit to operate a horse boarding, training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance. Revoked August 23,2007. Item#2: Special exception request to exceed one animal unit per acre pursuant to Section 17.15(6)(0)of the St. Croix County Zoning Ordinance. Revoked March 23, 2007. Exhibits: 1) Staff Report 2) Letter from Staff to the Applicant, dated February 29, 2008 3) E-mail from Staff to Applicant's Attorney, dated March 6,2008 4) E-mail from Applicant's Attorney to Staff, dated March 11, 2008 5) Revised Plans submitted by Applicant, received March 11, 2008 Last month, the Board of Adjustment heard the applicant's request to reconsider the revocation of two special exception permits previously approved by the Board to operate a horse boarding, training, and breeding facility and to exceed one animal unit per acre.The Board voted to table its decision on the revocations one month subject to the following conditions: 1. The applicant must withdraw all litigation against the County without prejudice to re-file on the same day that the special exception permits are reinstated. 2. The applicant shall work with staff to come up with a plan as a practical way to comply with the outstanding conditions and ordinance requirements. All revised plans and information must be submitted to the Zoning Administrator no later than noon on Tuesday,March 11,2008. 3. The applicant shall pay a $750 fee to offset taxpayer expenses for staff time throughout this process.This fee must be paid no later than noon on Tuesday,March 11,2008. 4. The$3,000 cash compliance deposit and$7,000 letter of credit shall remain intact. The applicant has met with staff to develop a plan to bring the property into compliance with all outstanding conditions and ordinance requirements, and has submitted a $750 fee in cash as requested by the Board. Staff has developed revised conditions that reflect this plan. These revised conditions are outlined in staffs recommendation below. Please refer to the February 28, 2008 staff report and attached exhibits for a complete history of both special exception permits, including the Board's originally approved conditions and the applicant's compliance to date. - 1 - Exhibit 1 n Administrator, additional horses may be allowed on the site for special events not to exceed a 24-hour time period.This approval does not include any additional animal units,uses,or activities. 2. The applicant shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals, including but not limited to County Sanitary Permits for all proposed septic systems and any approvals required by the Wisconsin Department of Natural Resources. 3. Within 30 days of the Board's reinstatement of both permits(April 25,2008),the applicant shall record an affidavit against the property referencing this special exception decision and provide a recorded copy to the Zoning Administrator.The intent is to make future owners aware of the responsibilities and limitations associated with the property. 4. The applicant shall post signs on his property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. The applicant shall be responsible for maintaining these signs throughout the duration of the operation. 5. The applicant agrees that the Zoning Administrator will retain the$3,000 cash compliance deposit and $7,000 letter of credit submitted by the applicant until the project has been completed and approved to be in compliance with the conditions of this permit, at which time the deposit will be refunded in full and the letter of credit will be released. The applicant shall be responsible for renewing the letter of credit in the event that it expires before the project has been completed and approved to be in compliance with the conditions of this permit. 6. Within 30 days of the discharge of Charles Schulz's bankruptcy, the applicant shall transfer ownership from Riding Meadows, LLC to Micabren Acres, LLC and shall provided a copy of the recorded instrument to the Zoning Administrator at this time. The new lot created by Certified Survey Map on November 6, 2007 shall not be further divided in the future as long as animal units are housed on the site. 7. Manure management shall comply with the conditions of this decision and be consistent with NRCS 313, NRCS 590,NRCS 635, and NR 151 standards. To bring his property into compliance with all applicable standards, the applicant shall take the following actions within the timeframes stipulated: • As soon as the weather allows, the applicant shall stop spreading manure on the site and start spreading it on the 450 acres to which he has manure rights. This land is currently owned by Herman Keller and rented to the Kamm brothers, who plant it with corn and soybean crops. The applicant shall spread the manure on this land until April or May when the crops are planted. The applicant may spread manure on this land and any other adjacent land for which he has permission and for which a nutrient management plan has been submitted every spring before crops are planted and every fall after the crops are harvested. • The applicant shall store all manure in a concrete containment area and have it hauled off-site in dumpsters when it is not being spread on neighboring land as outlined above. Manure shall be hauled away on a weekly basis beginning no later than May 1, 2008, except during the winter months when manure cannot be hauled in dumpsters due to freezing temperatures. The concrete containment area shall be located on the south end of the show barn and shall be constructed to contain a 25 year storm event and at least 288 yards of manure as provided in the plans submitted on March 11,2008. This containment area shall be constructed no later than June 1,2008, upon which time the applicant shall remove all remaining manure stacks on the site.All manure shall be stored in the concrete containment area. • Upon prior notification of and approval from the Zoning Administrator, the applicant may offer a manure delivery service to farms to off-set his need for the dumpsters. • Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall submit to and have approved by the Zoning Administrator the following items to support the manure management plan as outlined above: ➢ A nutrient management plan for the Keller/Kaamm acreage including, at minimum, a soil test, aerial photo, and detailed information on the rate of'application. -4- r 8. On October 25, 2007,the Board heard a request for reconsideration from the applicant. The Board requested a$10,000 cash compliance deposit and unambiguous letter of credit from the lender no later than November 14, 2007 in order to reconsider its revocation. On November 14,2007,the applicant instructed staff to draw on the letter of credit to obtain the cash and on November 15 2007 the applicant submitted a letter from Lakeland Construction Finance,LLC indicating that it had financed the purchase and improvements for Riding Meadows(the neighboring subdivision)and would allocate funding toward the build-out of the equestrian facility.At its meeting on November 29, 2007,the Board determined that these items were insufficient and that the revocation stood. 9. The applicant has filed appeals in circuit court challenging both revocations.Restraining orders are currently in effect prohibiting any County action to bring the applicant's property into compliance with the St. Croix County Zoning Ordinance. On January 8,2008,the applicant's attorney notified County staff that the applicant is now in substantial compliance with all of the conditions of his permits. On January 24,2008,the Board voted to suspend its rules and by-laws on reconsiderations and then voted to reconsider its revocation of both special exception permits subject to the following conditions: • The applicant must submit the$225 reconsideration fee in cash no later than 5:00 PM,February 7,2008. • The applicant must submit a$3,000 cash deposit and a$7,000 letter of credit no later than 5:00 PM,February 26,2008. • The applicant must be in full compliance with all conditions of both special exception permits as verified by staff, including an inspection. 10. On February 28,2008, staff reported to the Board that the applicant had submitted the reconsideration fee, cash deposit, and letter of credit by the stipulated deadlines.Upon researching the applicant's file and conducting a site visit on February 25,2008, staff also determined that the applicant was not substantially in compliance with Conditions#3, 6, 7, 8, 9, 10, and 20 of his permits.The Board of Adjustment voted to table its decision on the reconsideration one month subject to the following conditions: • The applicant must withdraw all litigation against the County without prejudice to re-file on the same day that the special exception permits are reinstated. • The applicant shall work with staff to come up with a plan as a practical way to comply with the outstanding conditions and ordinance requirements. All revised plans and information must be submitted to the Zoning Administrator no later than noon on Tuesday,March 11,2008. • The applicant shall pay a $750 fee to offset taxpayer expenses for staff time throughout this process. This fee must be paid no later than noon on Tuesday,March 11,2008. • The$3,000 cash compliance deposit and$7,000 letter of credit shall remain intact. 11. On March 6, 2008,the applicant met with staff to develop a practical plan to bring the property into compliance with all outstanding conditions and ordinance requirements. On March 11,2008,the applicant submitted a$750 fee in cash as requested by the Board. Staff has developed revised conditions to reflect the plan,which staff supports and has been agreed upon by the applicant and his attorney.With these revised conditions,the applicant will bring the property into compliance with the outstanding conditions and ordinance requirements within a reasonable timeframe. STAFF RECOMMENDATION: Based on the findings of fact and conclusions of law, staff recommends that the Board approve the applicant's request for reconsideration and reinstate both special exception permits,subject to the following revised conditions(proposed revisions to the original conditions approved on October 26,2006 are in bold italics): 1. This special exception approval allows the applicant to operate an equestrian center with boarding for up to 150 horses and 50 cattle(including foals and calves) in accordance with the revised plans submitted on March 11,2008 and as provided in the conditions below. With prior approval from the Zoning -3- • i 15. Upon complaints of regularly occurring, excessively loud noise at any time,the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively,the applicants shall take the matter before the Board of Adjustment at a public hearing. 16. Signage shall not exceed the two existing stone landscaping signs and one main double-sided 32 square foot entrance sign.All future signs shall comply with the sign standards and permitting requirements in Section 17.65 of the St. Croix County Zoning Ordinance. 17. All lights must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the buildings or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 18. On-site retail sales shall be limited to horse supplies and tack for the clientele of the equestrian operation. Food service shall be limited to concessions at special events. 19. All on-site vehicle maintenance shall be conducted on an enclosed impervious surface with no floor drains. 20. Any minor change(or addition)in expansion of the facilities, including but not limited to building additions, new signage,hours of operation, or a nutrient management plan, shall require prior review and approval by the Zoning Administrator. 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. 21. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation and forfeiture of the sureties. If the special exception permit is revoked,the applicant will be required to secure a new special exception permit to continue the business operation. 22. The applicant shall have until June], 2010 to complete construction of the proposed project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction is complete,the applicant will be required to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed. Through September 1,2008, the applicant shall submit monthly status reports regarding all site work,seeding,fencing,storm water measures, manure management, building construction,paving and other related items to the Zoning Administrator for review.Annually thereafter(March of each year), the applicant shall contact the Zoning Administrator to review the permit for compliance with the conditions of this approval. At these times,the applicant shall submit to the Zoning Administrator proof of manure removal activities. 23. Any change in ownership or management shall require prior notification to the Zoning Administrator.The new owner or manager shall submit to and have approved by the Zoning Administrator a signed statement indicating understanding and acceptance of the terms of the special exception permit, as well as a plan of operations to ensure that all Ordinance requirements and conditions of this permit are met. The Zoning Administrator may determine that additional special exception approval is necessary. 24. 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. 25. The applicant shall withdraw all litigation against the County without prejudice to re-file on the same day that the special exception permits are reinstated by the Board of Adjustment. 26. Accepting this decision means that the applicant and all property owners have read,understand, and agree to all conditions of this decision. -6- s �r ➢ Signed documentation from the Kamms verifying that the applicant has their approval to spread manure on their land. The documentation shall outline the approved timelines for spreading and the amount of manure to be spread. 8. Of the 26 acres of pasture(including horse six horse pastures and one cattle pasture),the applicant may keep one animal unit per acre at any given time only if self-sustaining vegetation is maintained. No horses shall be kept in the western pastures until self-sustaining permanent vegetation has been established, which the applicant anticipates to be no sooner than September 1,2008. All other areas used for the outdoor confinement of horses and cattle shall be managed per the following plan: Short-term: Until June 1,2008, the applicant may keep up to 10 horses in two connected fenced areas south of the breeding complex(20 horses total), as well as up to 13 horses in the cattle yard. These areas will be cleaned twice per week, weather permitting. Long-term:No later than June 1,2008, the applicant shall move all horses currently housed in the outside enclosures-including those currently housed in grain bins-to inside stalls, which will be completed during May 2008.At this same time, the applicant shall also complete construction of 25-30 individual, limited duration turnouts.He may keep a maximum of 1-2 horses in each individual turnout at a time. These turnouts may be cleaned on an as-needed basis,provided they continue to drain to the adjoining pastures and the pastures support permanent vegetation to infiltrate the runoff. In the event that the individual turnouts are not draining appropriately,then the applicant shall clean them on a weekly basis as weather allows. The applicant may also keep cattle in the cattle yard provided it is cleaned once per week.Round pens shall only be used for training purposes. 9. All manure must be removed from indoor and outdoor confinement areas and shall be stored in dumpsters and removed off-site in accordance with all applicable laws and regulations. 10. No later than May 15,2008,the applicant shall fully stabilize the site with permanent self-sustaining vegetation to address existing erosion problems. The stabilization work to be done by this date includes but is not limited to finishing Pond#2, re grading the area east of the boarding complex and indoor arena where gullies have formed,seeding and sowing the pastures to the west and all graded areas. 11. No later than June 1,2008, the applicant shall install a minimum of six inches of Class Vgravel to all remaining side and service drives and the parking lot for horse trailers and special events as identified on the site plan submitted March 11, 2008.No later than June 1,2010, the applicant shall pave the main driveway entrance from the town road to the proposed turn-around/island gate area (currently the location of the grain bins), as well as the parking area for employees. Horse trailers and trucks with horse trailers will be allowed to park on Class V gravel or on grass. The applicant shall be responsible for maintaining adequate off-street parking for all activities and events throughout the duration of the operation.No overnight camping will be allowed as indicated by the applicant. 12. Besides the existing single-family residence,no other buildings on the property shall be used as habitable structures. 13. The applicant shall maintain two feet of freeboard in Pond#2 for storm water storage, and shall be responsible for maintaining all other storm water management measures on his site, including but not limited to the drainage swales/waterways, culverts, catch basins and vegetative buffers as indicated in the revised site plan submitted on March 11,2008. Within 30 days of the Board's reinstatement of both permits (April 25,2008), the applicant shall record an affidavit against the property referencing the site plan and a long-term storm water operation and maintenance agreement. The applicant shall submit copies of the recorded affidavit and referenced operation and maintenance agreement at this time. 14. Hours of operation, other than for normal facility maintenance and animal husbandry, shall not extend beyond the hours of 8:00 AM - 10:00 PM. - 5- i permits. Dr. Brenda L. Weierke, applicant's wife, signed an oath and spoke in favor of the reconsideration. She spoke in regard to the mare motel on the property. The Board recessed for the day at 4:30 a.m. The meeting was called to order by Chairperson Malick at 9:05 a.m. on Friday, March 28, 2008. Chairperson Malick, Linda Luckey, Jerry McAllister, and Sue Nelson were present. Chuck Struemke was absent. Staff included: Jenny Shillcox, Zoning Specialist; Kevin Grabau, Code Administrator; and Becky Eggen, Recorder. Decisions After hearing the testimony and reviewing the material in the record, the Board rendered the following decisions: Michael Feist, Micabren Acres, LLC and Ridine Meadows LLC — Revocation Reconsideration Motion by McAllister, second by Nelson to approve the request for reconsideration and reinstate both special exception permits based on the following findings of fact and conclusions of law: 1. The applicants are Riding Meadows, LLC, property owner; Micabren Acres, LLC, operator of the proposed horse boarding facility; and Michael Feist, who is associated with both. 2. The 36-acre site is located on Lot I of CSM 23-5472 (previously Lots 18, 19, and 20 of Riding Meadows North) in the NW '/ of the NW '/ of Section 34, T30N, R18W, Town of Richmond, St. Croix County, WI. 3. On October 26, 2006, the St. Croix County Board of Adjustment approved two special exception permits allowing the applicants to operate a horse boarding, training, and breeding facility pursuant to Section 17.15(6)(m) of the St. Croix County Zoning Ordinance and to exceed one animal unit per acre pursuant to Section 17.15(6)(o) of the St. Croix County Zoning Ordinance. 4. Staff sent letters to the applicant on December 18, 2006 and February 15, 2007 and had a meeting with the applicant on January 24, 2007 regarding conditions of the Board's approval that had not been met within the timeframes stipulated. The matter was placed on the Board's meeting agenda on February 23, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permits. 5. On March 23, 2007, the St. Croix County Board of Adjustment voted to revoke the special exception permit for exceeding one animal unit per acre and voted to table its decision on the special exception permit for the horse boarding, training, 10 residents that legally live within the trailer park and not be open to those outside the trailer park. St. Croix County Land and Water Conservation Department was sent a copy of the application but they did not submit any comments for consideration. Wisconsin Department of Transportation was sent a copy of the application but did not submit any comments. Staff recommended that the Board consider rewording Conditions #1 and #4 of the September 28, 2006 decision based on 15 findings of fact and conclusions of law. Heidi Kanieski, signed an oath and spoke in favor of the request. She asked to have the May 31, 2008 deadline extended to July 1, 2008, to allow more time to plant trees. She would like to see the mini-storage used for both St. Croix Meadow residents and Town of St. Joseph residents; she does not want to be limited to only St. Croix Meadow residents. She also asked to only use evergreen trees as their buffer since the area is so small and the trees will kill the shrubs. Nels Ulsaker signed an oath and spoke in favor of the request. He testified the outside storage has never been filled up; not having enough storage for the residents shouldn't be an issue. He said the trees that were planted were six to seven feet tall; two of them died due to the dry year last year. Theresa Johnson, St. Joseph Town Chair, signed an oath and spoke in regard to the request. She stated the Town wanted a 166 foot buffer since that is the length of the building. The Town wants the spaces contained behind the building since the trailhead will be in this area. She also said they would like to see trees and shrubs included in the buffer. Michael Feist, Micabren Acres, LLC and Ridinp- Meadows, LLC — Revocation Reconsideration February 28, 2008, the Board of Adjustment heard the applicant's request to reconsider the revocation of two special exception permits previously approved by the Board to operate a horse boarding, training, and breeding facility and to exceed one animal unit per acre. The applicant had met with staff to develop a plan to bring the property into compliance with all outstanding conditions and ordinance requirements, and has submitted a$750 fee in cash as requested by the Board. Staff presented the application and staff report. Staff recommended approval for the reconsideration and reinstatement of both special exception permits based on 11 findings of fact and conclusions of law with 26 revised conditions. Nick Vivian, applicant's attorney, signed an oath and spoke in favor of the reconsideration. He testified he did not have anything significant to report to the Board; which is a big step with the project. He stated the timelines in the revised conditions are tight because Mr. Feist needs to complete them before his open house in June; which means if compliance does not happen the revocation process has to happen. He said the hearing in the courts has been moved from Friday, March 29, 2008, due to a conflict with the Judge's schedule. Vivian gave his word that he will withdraw litigations and file an affidavit after the permits are reinstated. He testified Mr. Feist has all his building c� 10. On February 28, 2008, staff reported to the Board that the applicant had submitted the reconsideration fee, cash deposit, and letter of credit by the stipulated deadlines. Upon researching the applicant's file and conducting a site visit on February 25, 2008, staff also determined that the applicant was not substantially in compliance with Conditions#3, 6, 7, 8, 9, 10, and 20 of his permits. The Board of Adjustment voted to table its decision on the reconsideration one month subject to the following conditions: • The applicant must withdraw all litigation against the County without prejudice to re-file on the same day that the special exception permits are reinstated. • The applicant shall work with staff to come up with a plan as a practical way to comply with the outstanding conditions and ordinance requirements. All revised plans and information must be submitted to the Zoning Administrator no later than noon on Tuesday, March 11, 2008. • The applicant shall pay a $750 fee to offset taxpayer expenses for staff time throughout this process. This fee must be paid no later than noon on Tuesday, March 11,2008. • The $3,000 cash compliance deposit and $7,000 letter of credit shall remain intact. 11. On March 6, 2008, the applicant met with staff to develop a practical plan to bring the property into compliance with all outstanding conditions and ordinance requirements. On March 11, 2008, the applicant submitted a $750 fee in cash as requested by the Board. Staff has developed revised conditions to reflect the plan, which staff supports and has been agreed upon by the applicant and his attorney. With these revised conditions, the applicant will bring the property into compliance with the outstanding conditions and ordinance requirements within a reasonable timeframe. With the following revised conditions: 1. This special exception approval allows the applicant to operate an equestrian center with boarding for up to 150 horses and 50 cattle (including foals and calves) in accordance with the revised plans submitted on March 11, 2008 and as provided in the conditions below. With prior approval from the Zoning Administrator, additional horses may be allowed on the site for special events not to exceed a 24-hour time period. This approval does not include any additional animal units, uses, or activities. 2. The applicant shall also be responsible for obtaining any other necessary local, state, or federal permits and approvals, including but not limited to County Sanitary Permits for all proposed septic systems and any approvals required by the Wisconsin Department of Natural Resources. 3. Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall record an affidavit against the property referencing this special 1 -) and breeding facility for two months to allow the applicant additional time to meet the outstanding conditions related to that permit. The Board identified specific actions to be taken and documentation to be provided by the applicant within this two-month timeframe to satisfy Conditions#3 -#9. 6. On May 24, 2007, the St. Croix County Board of Adjustment considered and denied a request by the applicant to suspend its rules and by-laws to reconsider the March 23, 2007 revocation of the special exception permit for exceeding one animal unit per acre. At the same hearing, the Board voted to deny a motion to revoke the special exception permit for the horse boarding, training, and breeding facility. While it wasn't formally acted on, it was the consensus of the Board to extend the deadlines for Conditions #3 - #9 of its original special exception decision until July 1, 2007. The applicant failed to meet this deadline. The matter was placed on the Board's meeting agenda on June 28, 2007, after which the Board scheduled a public hearing to consider revoking the special exception permit. 7. On August 23, 2007, the Board revoked the special exception permit for the horse boarding,training, and breeding facility. 8. On October 25, 2007, the Board heard a request for reconsideration from the applicant. The Board requested a $10,000 cash compliance deposit and unambiguous letter of credit from the lender no later than November 14, 2007 in order to reconsider its revocation. On November 14, 2007, the applicant instructed staff to draw on the letter of credit to obtain the cash, and on November 15, 2007, the applicant submitted a letter from Lakeland Construction Finance, LLC indicating that it had financed the purchase and improvements for Riding Meadows (the neighboring subdivision) and would allocate funding toward the build-out of the equestrian facility. At its meeting on November 29, 2007, the Board determined that these items were insufficient and that the revocation stood. 9. The applicant has filed appeals in circuit court challenging both revocations. Restraining orders are currently in effect prohibiting any County action to bring the applicant's property into compliance with the St. Croix County Zoning Ordinance. On January 8, 2008, the applicant's attorney notified County staff that the applicant is now in substantial compliance with all of the conditions of his permits. On January 24, 2008, the Board voted to suspend its rules and by-laws on reconsiderations and then voted to reconsider its revocation of both special exception permits subject to the following conditions: • The applicant must submit the $225 reconsideration fee in cash no later than 5:00 PM, February 7, 2008. • The applicant must submit a $3,000 cash deposit and a $7,000 letter of credit no later than 5:00 PM, February 26, 2008. • The applicant must be in full compliance with all conditions of both special exception permits as verified by staff, including an inspection. 11 no later than June 1, 2008, upon which time the applicant shall remove all remaining manure stacks on the site. All manure shall be stored in the concrete containment area. • Upon prior notification of and approval from the Zoning Administrator, the applicant may offer a manure delivery service to farms to off-set his need for the dumpsters. • Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall submit to and have approved by the Zoning Administrator the following items to support the manure management plan as outlined above: ➢ A nutrient management plan for the Keller/Kammm acreage including, at minimum, a soil test, aerial photo, and detailed information on the rate of application. ➢ Signed documentation from the Kamms verifying that the applicant has their approval to spread manure on their land. The documentation shall outline the approved timelines for spreading and the amount of manure to be spread. 8. Of the 26 acres of pasture(including horse six horse pastures and one cattle pasture),the applicant may keep one animal unit per acre at any given time only if self-sustaining vegetation is maintained. No horses shall be kept in the western pastures until self-sustaining permanent vegetation has been established, which the applicant anticipates to be no sooner than September 1, 2008. All other areas used for the outdoor confinement of horses and cattle shall be managed per the following plan: Short-term: Until June 1, 2008, the applicant may keep up to 10 horses in two connected fenced areas south of the breeding complex (20 horses total), as well as up to 13 horses in the cattle yard. These areas will be cleaned twice per week, weather permitting. Lonp_-term: No later than June 1, 2008, the applicant shall move all horses currently housed in the outside enclosures - including those currently housed in grain bins - to inside stalls, which will be completed during May 2008. At this same time, the applicant shall also complete construction of 25-30 individual, limited duration turnouts. He may keep a maximum of 1-2 horses in each individual turnout at a time. These turnouts shall be cleaned on an as-needed basis,provided they continue to drain to the adjoining pastures and the pastures support permanent vegetation to infiltrate the runoff. In the event that the individual turnouts are not draining appropriately, then the applicant shall clean them on a weekly basis as weather allows. The applicant may also keep cattle in the cattle yard provided it is cleaned once per week. Round pens shall only be used for training purposes. 9. All manure must be removed from indoor and outdoor confinement areas and shall be stored in dumpsters and removed off-site in accordance with all 14 exception decision and provide a recorded copy to the Zoning Administrator. The intent is to make future owners aware of the responsibilities and limitations associated with the property. 4. The applicant shall post signs on his property in Micabren Acres and Riding Meadows alerting riders not to trespass on neighboring private properties. The applicant shall be responsible for maintaining these signs throughout the duration of the operation. 5. The applicant agrees that the Zoning Administrator will retain the $3,000 cash compliance deposit and $7,000 letter of credit submitted by the applicant until the project has been completed and approved to be in compliance with the conditions of this permit, at which time the deposit will be refunded in full and the letter of credit will be released. The applicant shall be responsible for renewing the letter of credit in the event that it expires before the project has been completed and approved to be in compliance with the conditions of this permit. 6. Within 30 days of the discharge of Charles Schulz's bankruptcy but no later than October 1, 2008, the applicant shall transfer ownership from Riding Meadows, LLC to Micabren Acres, LLC and shall provided a copy of the recorded instrument to the Zoning Administrator at this time. The new lot created by Certified Survey Map on November 6, 2007 shall not be further divided in the future. 7. Manure management shall comply with the conditions of this decision and be consistent with NRCS 313, NRCS 590, NRCS 635, and NR 151 standards. To bring his property into compliance with all applicable standards, the applicant shall take the following actions within the timeframes stipulated: • As soon as the weather allows, the applicant shall stop spreading manure on the site and start spreading it on the 450 acres to which he has manure rights. This land is currently owned by Herman Keller and rented to the Kamm brothers, who plant it with corn and soybean crops. The applicant shall spread the manure on this land until April or May when the crops are planted. The applicant may spread manure on this land and any other adjacent land for which he has permission and for which a nutrient management plan has been submitted every spring before crops are planted and every fall after the crops are harvested. • The applicant shall store all manure in a concrete containment area and have it hauled off-site in dumpsters when it is not being spread on neighboring land as outlined above. Manure shall be hauled away on a weekly basis beginning no later than May 1, 2008, except during the winter months when manure cannot be hauled in dumpsters due to freezing temperatures. The concrete containment area shall be located on the south end of the show barn and shall be constructed to contain a 25- year storm event and at least 288 yards of manure as provided in the plans submitted on March 11, 2008. This containment area shall be constructed l • • County Zoning Ordinance. 17. All lights must be downward directed and shielded away from neighboring properties to prevent glare. Only lights on the buildings or building overhangs at a level not to exceed the height of the lowest eaves may be left on overnight for security purposes. 18. On-site retail sales shall be limited to horse supplies and tack for the clientele of the equestrian operation. Food service shall be limited to concessions at special events. 19. All on-site vehicle maintenance shall be conducted on an enclosed impervious surface with no floor drains. 20. Any minor change, addition, or expansion of the facilities indicated in the revised plans submitted March 11, 2008, including but not limited to building additions, new signage, hours of operation, or a nutrient management plan, shall require prior review and approval by the Zoning Administrator. Any major change and/or addition to the revised plans submitted March 11, 2008 will go through the special exception approval process, where applicable, as stated in the Ordinance. 21. Failure to comply with the conditions of this approval within the timeframes stipulated shall be grounds for revocation and forfeiture of the sureties. If the special exception permit is revoked, the applicant will be required to secure a new special exception permit to continue the business operation. 22. The applicant shall have until June 1, 2010 to complete construction of the proposed project. Failure to do so shall result in expiration of the special exception permit. If the special exception permit expires before construction is complete, the applicant will be required to secure a new special exception permit before starting. The applicants may request extensions of up to six months not to exceed a total of one year from the Zoning Administrator prior to the expiration of the permit in the event that additional time is needed. Through September 1, 2008, the applicant shall submit monthly status reports regarding all site work, seeding, fencing, storm water measures, manure management, building construction, paving and other related items to the Zoning Administrator for review. Annually thereafter (March of each year), the applicant shall contact the Zoning Administrator to review the permit for compliance with the conditions of this approval. At these times, the applicant shall submit to the Zoning Administrator proof of manure removal activities. 23. Any change in ownership or management shall require prior notification to the Zoning Administrator. The new owner or manager shall submit to and have approved by the Zoning Administrator a signed statement indicating understanding and acceptance of the tenns of the special exception permit, as well as a plan of operations to ensure that all Ordinance requirements and conditions of 16 applicable laws and regulations. 10. No later than June 1, 2008, the applicant shall fully stabilize the site with permanent self-sustaining vegetation to address existing erosion problems. The stabilization work to be done by this date includes but is not limited to finishing Pond#2,re-grading the area east of the boarding complex and indoor arena where gullies have formed, seeding and sowing the pastures to the west and all graded areas. 11.No later than June 1, 2008, the applicant shall install a minimum of six inches of Class V gravel to all remaining side and service drives and the parking lot for horse trailers and special events as identified on the site plan submitted March 11, 2008. No later than June 1, 2010, the applicant shall pave the main driveway entrance from the town road to the proposed turn-around/island gate area (currently the location of the grain bins), as well as the parking area for employees. Horse trailers and trucks with horse trailers will be allowed to park on Class V gravel or on grass. The applicant shall be responsible for maintaining adequate off-street parking for all activities and events throughout the duration of the operation. No overnight camping will be allowed as indicated by the applicant. 12. Besides the existing single-family residence, no other buildings on the property shall be used as habitable structures. 13. The applicant shall maintain two feet of freeboard in Pond #2 for storm water storage, and shall be responsible for maintaining all other storm water management measures on his site, including but not limited to the drainage swales/waterways, culverts, catch basins and vegetative buffers as indicated in the revised site plan submitted on March 11, 2008. Within 30 days of the Board's reinstatement of both permits (April 25, 2008), the applicant shall record an affidavit against the property referencing the site plan and a long-term storm water operation and maintenance agreement. The applicant shall submit copies of the recorded affidavit and referenced operation and maintenance agreement at this time. 14. Hours of operation, other than for normal facility maintenance and animal husbandry, shall not extend beyond the hours of 8:00 AM - 10:00 PM. 15. Upon complaints of regularly occurring, excessively loud noise at any time, the applicants shall work with the Zoning Administrator to abate the noise problem. In the event that the matter cannot be resolved administratively, the applicants shall take the matter before the Board of Adjustment at a public hearing. 16. Signage shall not exceed the two existing stone landscaping signs and one main double-sided 32 square foot entrance sign. All future signs shall comply with the sign standards and permitting requirements in Section 17.65 of the St. Croix l5 conifers, are not common in the area except where planted around residences. The topography is flat and the applicant's property is highly visible for a considerable distance from all directions. The applicant's 3.5-acre lot is not within a major subdivision, but is surrounded by low-density residential development and agricultural uses. The closest existing residences are located approximately 400 - 550 feet away, and a residential subdivision, Waldroff Meadows, exists to the east. In after-the-fact situations such as the applicant's, time is of the essence in providing immediate screening of existing outdoor storage areas and the Board typically establishes a deadline for planting. Given these considerations, as well as the large area to be screened, the high expense to plant six-foot evergreens, and the applicant's concerns about providing a natural looking buffer, staff finds it reasonable to allow the applicant to provide a mix of native coniferous and deciduous trees and shrubs and supplement it with forbs and grasses, which is more consistent with existing vegetation in the area. Staff also finds it reasonable to reduce the height of the trees and shrubs to four feet at the time of planting, provided the buffer attains 80 percent opacity and at least eight feet in height at maturity. A timeline of two years for all plantings would reduce the financial burden for the applicant and would allow the Zoning Administrator to review the screening at the bi-annual compliance meeting as required by Condition #15. There also appears to be sufficient space on the property for the applicant to move the outside storage areas further to the west/northwest to reduce the length of the required vegetative buffer and thus reduce the landscaping costs. The Board finds the revisions proposed by staff to be reasonable. 5. Regarding Condition 94, the Board has never allowed a contractor's storage yard to store vegetative materials, wood, or brush from job sites. According to the records on file at the St. Croix County Planning and Zoning Department, the Board has processed 33 special exception applications for contractor's storage yards in the Ag Residential District from 1989 — Present. Of these, four were for lawn care or tree service business, and all approvals except the applicant's prohibited the storage and burning of any job-related vegetative material, grass clippings, wood, or brush on the site. In fact, one applicant was given two months to remove an existing brush pile from his site. The Board's reasons were to protect health, safety and welfare, particularly with respect to attracting rodents, posing a fire hazard, and negatively affecting adjoining property values and the enjoyment of adjoining property owners. At the time of the staff site visit, the applicant had been storing a large pile of wood and brush along his 201-foot rear lot line at a height of approximately 20 feet. At the hearing on January 3, 2008, the applicant testified that 2007 was an unusual year with a lot of heavy storms resulting in more wood and brush on the site than usual. He also testified that brush and wood used to be burned on the site until 2006, but are now hauled away by Ever-Green Energy upon request. He also stated that he was pursuing a contract with the City of New Richmond to take brush to the city's drop-off site. Given all of this information, staff finds that it would be reasonable for the applicant to store up to the equivalent of 45 cords of wood and brush at any given time, provided it is screened by a vegetative buffer and removed at least annually. l's this permit are met. The Zoning Administrator may determine that additional special exception approval is necessary. 24.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. 25. The applicant shall withdraw all litigation against the County without prejudice to re-file no later than Friday, April 4, 2008. 26. Accepting this decision means that the applicant and all property owners have read,understand, and agree to all conditions of this decision. Motion carried unanimously. Application#7: Greg Bonnes—Reconsideration Motion by Nelson, second by McAllister to approve the reconsideration based on the following findings of fact and conclusion of law: 1. The applicant is Greg Bonnes, property owner and owner of New Richmond Tree Service, LLC. 2. The site is located at 1461 County Highway A in the SW '/ of the NE 1/ of Section 20,T30N, RI 8W, Town of Richmond, St. Croix County,Wisconsin. 3. On January 3, 2008, the Board of Adjustment (Board) approved an after-the-fact special exception permit to allow the applicant to continue operating a contractor's storage yard in the Ag Residential District pursuant to Section 17.15(6)(d) of the St. Croix County Zoning Ordinance. The applicant requests reconsideration of Conditions #3, 4, 5 and 12 of the Board's approval. 4. Regarding Condition #3, the outdoor storage areas for woodchips, lumber, firewood, and brush and woodpiles are not currently screened from County Highway A or from adjoining properties. Section 17.15(6)(d) of the St. Croix County Zoning Ordinance provides that any contractor's storage yard "shall be so placed or screened by planting as not to be visible from any public highway or any residential building other than that of the owner of such yard, his agent, or employee." The Board has consistently required vegetative screening for all proposed contractor's storage yards in order to meet this requirement. 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