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HomeMy WebLinkAbout030-1011-30-000(2) s �® PLANNING & ZONING July 25, 2008 File Ref: SE0177 Herbert and Lisetta Blaisdell 484 Bluebird Drive E !' Hudson, WI 54016 "r. Re: St. Croix County Special Exception Request Parcel#: 03.29.19.55D, Town of St. Joseph Code Administrant W. 715-386-4680 Dear Mr. and Mrs. Blaisdell: Land Information&. ' Planning The St. Croix County Board of Adjustment (Board) has reviewed your special exception 715-386-4674_ y'" request to add a day treatment program to an existing chemical dependency treatment Real P facility, Burkwood, Inc., in the Commercial District in the Town of St. Joseph. After the 715 . `4677 hearing on July 24, 2008 the Board voted to approve your request with conditions. The enclosed document is the formal decision regarding the application. R cling -386-4675 you must obtain any other required local, state, and federal permits and approvals. Please feel free to contact me with any questions. Sincerely, €ter' Jennifer Shillcox Land Use Specialist/Zoning Administrator Enc: Decision Cc: Clerk, Town of St. Joseph Jeff Durkee, St. Croix County Highway Department K.L. Polly Wong, Wisconsin DHS, Division of Quality Assurance Susan Murphy,Wisconsin DHS,Western Regional Office f's t �i. ::^k'tc:<woni..>:aiia5t:.\' D. %h::::.:aaa:SY"':F':: :•v. f..:: vyiFan:FnA:::::.:t t:.•.:w:L:::.:.:::.o:.:i't. -.. ::£.:�.`C ....M.. .... ...0.:.w:➢oex:.a2 %Kt.'.:AK"`aCN`C4:l4CittYR.'4.Yifh'L,5 .RM.F Sr.CRO/X COUNTY GOVERNMENT CENTER 1 101 CARM/CHAEL ROAD,HUDSON, W1 54016 715386-4686 FAX Pzgco.SAwr-CRox WI.US WV1&14V.C O.SAI NT-C ROIX.WI.US 6. The applicants submitted evaluation reports for the existing sanitary system conducted by a master plumber on April 23, 2008 and July 2, 2008. These evaluation reports conclude that, if managed in accordance with the recommendations in both reports,the sanitary system is sufficient for the existing and proposed treatment programs. With conditions requiring annual inspections to ensure that the system is functioning properly,this request would not negatively impact groundwater in the area. 7. This request would not be substantially adverse to property values for nearby residences or businesses. Currently the site features a large single-family home that,according to the applicants,was historically the residence of Mr. Burkhardt after whom the area is named.Although it is zoned Commercial,the lot is surrounded on all sides by existing single-family residential development.The facilities on the lot appear consistent with the surrounding neighborhood. The principal structure is residential in appearance and is where patients undergo counseling and treatment. The site also features an accessory building with six offices for staff counselors, an accessory trailer used for storing files and other office functions, a paved parking lot in the rear yard, and a recently updated private on-site sanitary system.No new buildings, additions, or signage are planned on the site. The facilities are currently screened from adjoining properties by existing trees and vegetation, but not all vegetation is on the applicants' lot. The applicants are willing to provide additional vegetative screening on their property as deemed necessary. 8. With conditions for limiting noise and hours of activity on the site,this request would not constitute a nuisance. 9. The site currently has a total of 19 painted,off-street customer parking stalls on the existing asphalt parking lot plus one smaller stall for a motorcycle or compact car. The Board finds the number of stalls to be sufficient to accommodate all staff,work vehicles, and visitors expected to be at the site at any given time pursuant to Section 17.57(15)of the Ordinance.Patients do not generally have their own vehicles on the site,but are transported to the site.The parking stalls do not currently meet the minimum 200-square footage requirement in the Ordinance; however,the Board finds that they are adequately sized for the vehicles observed during the site visit, including a large work van. With smaller stall sizes,there is less impervious coverage on the site and less screening needed 10. With the conditions and potential improvements listed in Findings#6, 7 and 8 above,the standards would be met to grant the special exception permit for the proposed day treatment program pursuant to Section 17.18(1)(a-f)of the St. Croix County Zoning Ordinance. 11. No signage is proposed as part of this application.Any future signage for the facility will require a land use permit and must comply with the St. Croix County Sign Ordinance. 12. The proposed day treatment program would meet several goals and objectives of the St. Croix County Development Management Plan including promoting the growth of existing businesses and diversifying the County's economy. 13. The Town of St. Joseph Town Board recommends approval of the special exception application for Herbert Blaisdell to continue to operate the residential chemical dependency treatment program and to add a day treatment program, and that approval not be transferable. 14. Review by the St. Croix County Land and Water Conservation Department was not required on this application since no new facilities, expansions, or additional impervious coverage were requested. 2 I FINDINGS,CONCLUSIONS,AND DECISION OF THE ZONING BOARD OF ADJUSTMENT ST. CROIX COUNTY,WISCONSIN File: SE0177 Applicants: Herbert and Lisetta Blaisdell,property owners and owners/operators of Burkwood,Inc. Parcel ID#: 03.29.19.55D Complete Application Received: May 30,2008 Hearing Notice Publication: Weeks of July 6 and 13,2008 Hearing Date: July 24,2008 FINDINGS OF FACT AND CONCLUSIONS OF LAW Having heard all the testimony,considered the entire record herein,and reviewed the site the Board makes the following Findings of Fact and Conclusions of Law: 1. The applicants are Herbert and Lisetta Blaisdell,property owners and owners/operators of Burkwood,Inc. 2. The 1.72-acre site is located at 651 Old Mill Road just east of County Highway A in the Burkhardt area in the SW '/4 of the SE '/4 of Section 3,T29N,R19W,Town of St.Joseph, St. Croix County,Wisconsin. 3. The applicant filed with the Board of Adjustment an application for a special exception permit to expand an existing chemical dependency treatment facility,Burkwood, Inc.,by adding a day treatment program in the Commercial District pursuant to Section 17.18(1)(a)of the St. Croix County Zoning Ordinance.The existing chemical dependency treatment facility operates under two state licenses: a"Community Based Residential Facility(CBRF)"license for up to 29 patients and a"Medically Monitored Treatment"license. According to the applicants, the treatment programs administered under these licenses will continue to operate on the site as they have for the past 17 years,without change. The facility has also been tentatively approved for a state "Day Treatment"license.The proposed day treatment program will consist primarily of an outpatient program providing"after-care"for previous patients. It will also potentially be available to treat local residents in the community. The program will treat a maximum of six patients per day. 4. This request would not violate the spirit or intent of the St. Croix County Zoning Ordinance since a CBRF with a day treatment program is a reasonable and appropriate use in this location. The lot is currently zoned Commercial and has been used as a CBRF for the treatment of chemical dependency for the past 17 years. Prior to that,the lot was the site of a nursing home. According to the records on file at the St. Croix County Planning and Zoning Department,the facilities are compatible with the surrounding neighborhood as indicated by the fact that there are no violations on file for the property, except for one inquiry on the zoning history of the site from Town of St. Joseph in 2001. 5. This request would not negatively impact the health, safety, or welfare of the public. The proposed day treatment program will treat a maximum of six patients per day who will be transported to the site via a facility van. Traffic is not expected to increase by more than four directional vehicle trips per day on average. Patients will not leave the grounds of the facility during their treatment day.All patients at the facility are pre-screened and those with a history of sexual offenses or violent crime are not accepted into any of the programs. The St. Croix County Sheriff's Department responded to 33 incidents at the site from 2000—present. According to the applicants,most of these incidents were reported by facility staff,not by neighbors.For security,trained counselors are on-call to respond to problems 24 hours per day/7 days per week. Most patients are voluntary,but some are court-ordered (or stayed) from Wisconsin and Minnesota, so staff will report any problems. At the hearing on July 24, 2008,the applicants testified that facility staff will be required to go through training and certification from the Crisis Prevention Institute to intervene and de-escalate events. With conditions requiring that training and certification for crisis prevention be continued and that at least one staff member with this training and certification be on the site at all times,requiring that all medications administered to patients are safely and properly disposed of,and continuing to provide sufficient patient pre-screening and staff oversight of all patients during their treatment at the facility, any potential negative impacts the health, safety, or welfare of the public would be mitigated. 7. At least one staff member with framing and certification from the Crisis Prevention Institute or equivalent to intervene and de-escalate events shall be on the site at all times.The applicants shall submit to the Zoning Administrator copies of all staff certifications and annual documentation that certified staff members are scheduled appropriately to ensure that this condition is being met.All medications shall be administered to patients safely and be properly disposed of,and the applicants shall continue to provide sufficient patient pre- screening and staff oversight of all patients during their treatment at the facility. 8. No additional exterior lighting shall be allowed beyond what currently exists. 9. General hours of operation for the day treatment program shall not extend beyond 8 AM— 10:00 PM, seven days per week. 10. 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 matter shall be taken before the Board of Adjustment at a public hearing. 11. No signs are approved as part of this permit. Any future signage shall require prior review and approval by the Zoning Administrator in accordance with the St. Croix County Sign Ordinance. 12. The property shall be maintained in a neat and orderly manner,with no outside storage of any kind. 13. The applicants shall contact the Zoning Administrator to review this special exception permit in one year from the approval date(July 2009)and every year thereafter for compliance with the conditions of this approval. The Zoning Administrator is authorized to make on-site inspections at any time and as frequently as deemed necessary. 14. Any change in ownership of the property or the business,type of business or new business, or project details— including but not limited to expansion, additional structures(temporary or permanent), signage, landscaping, or lot/access changes—shall require the prior notification of and review and approval by the Zoning Administrator, and in some circumstances through the special exception approval process as stated in the Ordinance. 15. The applicants shall have one(1)year from the issuance of the special exception permit to commence use of the site for the proposed day treatment program. Failure to commence the use within this timeframe or failure to comply with any of the other conditions of this approval within the timeframes and provisions stipulated shall be grounds for expiration or revocation. If the special exception permit expires or is revoked,the applicants will be required to secure a new special exception permit. Prior to expiration and/or revocation,the applicants may request extensions of up to six months,not to exceed a total time of one year from the Zoning Administrator. 16. 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 applicants and a public hearing. 17. Accepting this decision means that the applicants and all property owners have read, understand, and agree to all conditions of this decision. The following vote was taken to approve: McAllister,yes; Peterson,yes; Hurtgen,yes; Chairperson Malick,yes.Nelson was not present. 4 i 15. The St. Croix County Highway Department has reviewed the application and has no comments since the proposed use will not directly impact County Highway A. 16. The Wisconsin Department of Health Services has confirmed that Burkwood, Inc. is currently licensed as a CBRF with capacity of 29 patients and has been approved for substance abuse day treatment services. 17. As part of the application,the applicants submitted letters in support of the special exception permit from a nearby church and local business, as well as a petition signed by seven neighboring residents of Old Mill Road, also in support of the special exception permit. DECISION On the basis of the above Findings of Fact, Conclusions of Law,and the record herein,the Board approves the applicants' special exception request,with the following conditions: 1. This special exception permit is for the applicants to continue operating an existing chemical dependency treatment facility, also referred to as a Community-Based Residential Facility(CBRF), for up to 29 patients and to add a day treatment program for up to six additional patients at existing facilities in the Commercial District as indicated in the plans submitted, and as provided in the conditions below.Approval for this special exception permit does not include any additional uses, structures,or other activities not indicated in the plans. 2. Prior to commencing use of the site for the day treatment program,the applicants shall be responsible for securing all necessary local, state, and federal permits and approvals, including but not limited to any other required permits or licenses from the Wisconsin Department of Health Services. 3. Prior to commencing use of the site for the day treatment program,the applicants shall submit to the Zoning Administrator a third inspection from a professional plumber verifying that all of the management recommendations in the April 23,2008 evaluation report for the sanitary system have been met, except for the annual pumping. The applicants shall be responsible for submitting to the Zoning Administrator copies of all annual sanitary inspection reports. 4. Prior to commencing use of the site for the day treatment program,the applicants shall submit to and have approved by the Zoning Administrator a landscaping plan featuring a vegetative buffer around the perimeter of the property to substantially screen the parking lot and all outdoor patient gathering places from adjoining properties and Old Mill Road. The buffer shall be at least 10 feet in width and include native evergreens at least six feet in height at the time of planting.The buffer shall attain at least 80% opacity at maturity. The plan must include the species, size, and location of all evergreens to be planted on the site,as well as a timeline for the plantings and a maintenance agreement to ensure that all vegetation establishes successfully and is maintained. The applicants shall be responsible for ensuring that the facilities are reasonably screened at all times. All approved vegetation shall be planted no later than May 31, 2009. 5. Prior to commencing use of the site for the day treatment program,the applicants shall submit to the Zoning Administrator a cash compliance deposit in the amount of$1,100 to be held by the Planning and Zoning Department until the sanitary system is verified and additional trees and vegetation are planted and approved to be in compliance with the conditions of this permit and all applicable provisions of the Ordinance, at which time the deposit will be refunded in full. The applicants shall submit to the Zoning Administrator photographs of the site to demonstrate compliance. 6. The applicants shall be responsible for maintaining the existing paved, off-street parking stalls on the site. 3 4 APPEAL RIGHTS Any person aggrieved by this decision may file an appeal in St.Croix County circuit court within 30 days after the filing date shown below,pursuant to Sec. 59.694(l 0),Wisconsin Statutes. St. Croix County assumes no responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St.Croix County does not certify that the identity of all persons legally entitled to notice of the Board of Adjustment proceedings,which resulted in this decision,was provided to the County. If an appeal is taken of this decision,it is the responsibility of the appellant to submit at his/her expense a transcript of the Board of Adjustment proceedings to the circuit court.The Planning and Zoning Department can be contacted for information on how to obtain a transcript. It is the responsibility of the Board of Adjustment to submit its record(file)of this matter to the circuit court. ZONING BOARD OF ADJUSTMENT Signed: Date Filed: 07/25/08 Clarence W.Malick,Chairpers0 �I 5 CROIX COUNTY PLANNING & ZON G September 22, 2010 Burkwood Treatment Center ATTN: Candace Clausen 615 Old Mill Road Hudson, WI 54016 RE: Site Plan Proposal for Modular Code Administrat 715-386-4680 Dear Ms. Clausen, Landlnformation I have reviewed the plans that you submitted to this department on September 20, Planning 715-386-4674 2010 regarding the removal of the existing modular unit used for office space and the addition of a new, larger modular unit for additional office space. The proposal Real Prop indicates that the new modular will be placed at a setback from the property lines of 715-3 677 at least 15 feet on the east property line and more than 15 feet from the north property line. This placement will satisfy the County's setback requirements. The Re cling modular will also be placed more than 10 feet from all other buildings on the site as -386-4675 required by the Ordinance. The project will not increase the number of staff or residents. As you recall, there is a limit of the number of staff and residents due to the size of the existing septic system. You have also contracted with licensed plumber (MPRS) Jim Thompson, A.C.E. Soil & Site Evaluations, to connect the new modular unit to the septic system. A Sanitary Permit will be required for connecting to the existing septic system. Any increase in wastewater generation may require the system to be redesigned, enlarged or modified to adequately treat an increase in wastewater load. The St. Croix County Planning and Zoning Department has determined that the project as presented will meet the requirements of the County Sanitary and General Zoning Ordinances. Please contact the Town of St. Joseph to obtain any required Town permits. inc ely, K vin Grabau Code Administrator Cc: Clerk, Town of St. Joseph, via email ST.CROIX COUNTY GOVERNMENT CENTER 110 1 CARM/CHAEL ROAD,HUDSON, Wi 54016 71 53864686 FAx PZ@C0.SAINT-CROIX.W1.US WWW.CO.SAINT-CROIX.WI.US