HomeMy WebLinkAbout016-1004-20-000 (2) • Land Use
ST. C R 0 I C=0.UN T Y Planning &Land Information
Sa
Resource Management
Community Development Department
July 23, 2015 File Ref: SE88586
Mark Smith
3073 180th Avenue
Glenwood City, WI 54013
Re: Conditional Use Permit in the Rural Residential District
Part of Parcel Identification 016-1004-20-000,Town of Glenwood
Dear Mr. Smith:
The St. Croix County Board of Adjustment(Board)has reviewed your request for the following item:
Conditional Use Permit for a livestock facility that exceeds one animal unit per acre of
land suitable for animal waste utilization pursuant to Section 17.15 (6) (u) of the St.
Croix County Zoning Ordinance.
After the hearing on July 23 2015, the Board approved the request with conditions. The enclosed
document is the formal decision regarding the application.
You must obtain any other required local, State, and Federal permit requirements, licenses and approvals.
Feel free to contact me with any questions or concerns.
Sincerely,
Sarah Droher
Land Use Technician
St. Croix County, Community Development Department
Enclosures: Formal Decision
cc: Town of Glenwood Clerk,Mike Myers
Phone 715.386.4680 Government Center, 1101 Carmichael Road, Hudson, WI 54016 Fax 715.386.4686
wwwsccwi.us/cdd www.facebook.com/stcroixcountvwi cdd Pco.saint-croix.wi.us
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FINDINGS,CONCLUSIONS,AND DECISION
OF THE ZONING BOARD OF ADJUSTMENT
ST.CROIX COUNTY,WISCONSIN
File: SE88586
Applicant: Dale Berends
Agent: Mark Smith
Location: West '/2 of Government lot 1 fractional, Section 3, T3ON, R15W,
Town of Glenwood
Hearing Notice Publication: July 9 and 16
Hearing Date: July 23,2015
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Having heard all the testimony, considered the entire record herein, and visited the site, the Board of Adjustment
makes the following Findings of Fact and Conclusions of Law pertinent to the request:
1. The property owner/applicant is Dale Berends. The agent is Mark Smith.
2. The site is located at 3073 180th Avenue, Glenwood City part of Government lot 1, Section 3, T3ON,
R15W, Town of Glenwood.
3. The agent anticipates purchasing 15.505 acres with the farmstead and farm buildings out of
approximately 150 of the existing dairy farm operation. The agent will continue the dairy farm
operation with 96 animal units. Of the 15.505 acres to be purchased, approximately nine (9) acres are
suitable for animal waste utilization.
4. The agent submitted a Conditional Use request for a livestock facility that exceeds one animal unit per
acre of land suitable for animal waste utilization pursuant to Section 17.15 (6) (u) of the St. Croix
County Zoning Ordinance.
5. The Town of Glenwood recommended approval of the Conditional Use Permit.
6. The Community Development Department, Resource Management Division has reviewed the
application and determined the following:
a. Wisconsin Administrative Code Chapter ATCP 51, Livestock Facility Siting does not apply
because the operation is less 500 animal units.
b. The site is currently compliant with Wisconsin Administrative Code Chapter NR 243, Animal
Feeding Operations.
c. The site is currently compliant with Wisconsin Administrative Code Chapter NR 151, Runoff
Management
i. There is no overflow of manure storage facilities.
ii. There are no unconfined manure piles in a water quality management area.
iii. There is no direct runoff from a feedlot or stored manure into waters of the state.
iv. There is not unlimited access by livestock to waters of the state in a location where the
concentration of animals prevents self-sustaining vegetative cover.
d. The site is currently compliant with St. Croix County Code of Ordinances Chapter 11, Animal
Waste Storage Facilities.
i. The facility was permitted in 1990. An operation permit may be transferred from the
holder to a subsequent owner or operator of the land or facility, provided that current
facility plan meets the standards in Section 11.3 (5) of the St. Croix County Code of
Ordinances Chapter 11,Animal Waste Storage Facility.
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e. The site is currently compliant with Natural Resources Conservation Service (NRCS)
Conservation Practice Standard Code 590,Nutrient Management. A Nutrient Management Plan
was approved by Community Development Department, Resource Management Division staff
on June 26, 2015 for the 2015 program year for 96 animal units.
7. All existing livestock structure(s), including animal waste storage structures, meet the applicable
setbacks from any property line or public road right-of-way pursuant to Section 17.12 (14) of the St.
Croix County Zoning Ordinance.
8. The agent has a lease agreement drafted to rent approximately 114 acres of cropland from the applicant
for animal waste utilization upon permit approval.
DECISION
On the basis of the above Findings of Fact, Conclusions of Law, and the record herein,the Board of Adjustment
approved the conditional use request, with the following conditions:
1. This Conditional Use Permit allows the agent to exceed one animal unit per acre of land suitable for
animal waste utilization. The following minimum standards must be met:
a. Wisconsin Administrative Code Chapter ATCP 51,Livestock Facility Siting.
b. Wisconsin Administrative Code Chapter NR 243,Animal Feeding Operations.
c. Wisconsin Administrative Code Chapter NR 151,Runoff Management.
d. St. Croix County Code of Ordinances Chapter 11,Animal Waste Storage Facilities.
e. Natural Resources Conservation Service (NRCS) Conservation Practice Standard Code 590,
Nutrient Management.
2. A Nutrient Management Plan shall be submitted annually to the Community Development Department,
Resource Management Division for review and approval. Soil sample(s) must be submitted once every
four(4)years for every five(5) acres utilized for animal waste.
3. The agent will submit a copy of the lease agreement to rent land for animal waste utilization.
4. The agent shall be responsible for securing any necessary local, State, or Federal permit requirements,
licenses and approvals.
4. 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 public hearing.
5. Any new owners of the property must adhere to the standards and conditions of the approved
Conditional Use Permit. Any change or addition to use of the property, buildings; or modification of or
addition to the property, building, or facilities; or changes to the current project details shall require
review by the Zoning Administrator to determine if the use may be allowed. The permit applies to the
property rather than to the individual, is valid for the specific premises, and is not transferrable to other
properties.
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6. The applicants shall have one (1) year from the date of approval of this Conditional Use Permit to
commence use on this site.Failure to do so will result in expiration of this permit. If the permit expires
within this timeframe, the applicant will be required to secure a new Conditional Use Permit. Prior to
expiration, the applicant may request two (2) extensions of up to six (6) months each from the Zoning
Administrator, for a total time not to exceed one(1)year.
7. Accepting this decision means that the applicant has read, understands, and agrees to all conditions of
this decision and has no objections if County staff conducts unannounced onsite inspections to check for
compliance with the conditions of this permit.
The following vote was taken to approve: Chairman Malick, yes; Peterson, yes; Nelson, yes; and Sontag, yes;
Niccum,absent. Motion carries.
APPEAL RIGHTS
Any person aggrieved by this decision may file an appeal in St. Croix County circuit court within 30 days after the
filing date shown below, pursuant to Sec. 59.694(10), Wisconsin Statutes. St. Croix County assumes no
responsibility for action taken in reliance on this decision prior to the expiration of the appeal period. St. Croix
County does not certify that the identity of 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:elk) A bdc)
Date Filed: July 23,2015 Clarence W.`Buck" li ,Chairman
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