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HomeMy WebLinkAbout042-1093-60-600 (2) I ST. C ROIX Community Development '•f. Government Center C`l=JANTY 1101 Carmichael Road I Hudson WI 54016 Telephone: 715-386-4680 I Fax: 715-386-4686 www.sccwi.gov May 23, 7019 File Reference: CUP 2019-007 & VAR 2019 001 St. Croix Animal Friends, Inc, PO Box 1169 Hudson, WI 5/1016 RE: Conditional Use Deosion Property located in NF 114 SF /4 Sec. 33 T29N R18W Town of Warren Project address is 638 Highway 65 To Whom it May Concern; The St. Croix County Board of Adjustment have reviewed your request for the following iterns: I i 1. A Conditional Use Permit for a Commercial Kennel, pursuant to Section 17.18(9)[). 7. A Variance to the requirement that kennel structures shall be setback at least .300 feet from all property lines pursuant to Section 17.12(15)(b) of the St. Croix County Zoning Ordinance. After the hearing on April 26, 2019, the Board of Adjustment approved your Conditional Use Permit request. After the continuation hearing on May 23, 2019, the Board of Adjustment approved your Variance request and approved amendments to the Conditional Ilse Permit; please see the enclosed decision document. Feel free to contact me with any questions or concerns. Since l y, ff Sar-dqi Borrell Land Use & Conservation Specialist Enclosure: Formal Decision LC: Town of Warren Clerk Lo~a200'cWr~~`°yaliao coal TKnutsenC clh oung.com cc: File Sarah M. Borrell Sarah.Borrell@sccwi.gov (715) 386-4680 FINDINGS, CONCLUSIONS, AND DECISION OFTHF ZONING BOARD OF ADJUS NI ENT ST. CROIS COUNTY, WISCONSIN h1c Number: CUP-2019-007 & VAIt-20'.9-001 Applicant: St. Croix Animal Friends. Inc. Complete Application Rccckcd: Alarch 4. 2019 l learing Notice Publication: April I I and 18-2019 hearing Dale: April 26. and May 23, 3019 FINDINGS OF FACT AND CONCLUSIONS OF LAW 1 laving heard all the test imom~. considered the entire record herein. and visiucd dic site, the Board ofAdjuslmcnt make; the following rimiings of Fact and Conclusions of I.aw pertinent to the applicant's Conditional Use requests: I. The applicant is St. Croix Animal Friends. 2. I he site is located at 638 1 lighwav 65 in part of Nl: SE S'i Sec. 33 T29N R18W. Town of Warren. The site is approximately 6.5 acre, and is zoned as Commercial District. The site. is surrounded by agricultural and residential land uses. 4. The Conditional Use Permit, ralucst is to operate a Commercial Kennel, pursuant to Section 17.1819)p. of the S1. CrOiN CCOtrntV' Zoning Ordinance. This request was approved on April 26, 2019. 5. The Variance request is to the requirement that all Commercial Kennels shall be setback at least 300-feet from all property lines, pursuant to Section 17.12(15)(b) Of the St. Croix Zoning Ordinance. 6. 'fhe 'town of Warren recommended approval to operate an animal shelter and boarding kennel facility, including a future education center and to allow for an animal shelter with kennel built within the 30046ol setback. 7. The stormwater and erosion control concept appear acceptable: however calculations were not provided. The disturbance appears greater than one ( I ) acre so a NR 216 permit will be needed. 8. 7'he current commercial access is adequate and a new Authorization for Access to u Controlled Access Highway will be issued upon all approvals by the County and!or Town. The Department of I ransportation requested to plan for alternative access to a town road behind the state road in the future. if further development occurs. 9. Floodplain Overlay Zoning District applies. Zone A mapped along easterly propcrtN boundary along the road ditch. 10. Pursuant to Chapter 17.12 115) the following minimum standards are applicable to Commercial Kcnncls: a) Kennels are prohibited in major subdivisions. 77te propcrtN ik ml ndrhin a nru_for strh( ivi.)ion. b) Kenncl structures shall be set back at Icast >00 Icet tiom all property lines. Fariatwe rclic•lis requested to this setback: 120 front ilre north proper(t' line. 210.3 '.1rom it es/ property line and 100 :front the east propert , line. (1) Kennel structures housing animals shall provide soundproofing so that animal noise cannot be heard beyond owner's lot lines Sound miti,i~wion elli>rts include use ql exiwilt"' topography, sotard miiiguthrg omilatioo in the walls olihe kennel area and till Doors shall be provided with sell-closhui:, hinges. c) Kennel structures shall be located at least 50 feet from any potable seater supply well. ft All animals shall be housed indoors from 9:00 p.m. to 6:00 a.m. g) "I here shall be no more than mo adult clogs or cats. six months of a ue or older, in anv single enclosure unit. It) Parking areas, outside pens and runs, and kennel structures shall be screened by landscaping or other suitable means when visible from adjoining properties. Landscojmav plans were not provided, however the c¢+plic'otion states landscoping materials will he used at parkhrg areas along Ilighway bj and immediately outside the dog run urea. Pie steep hillside to the west will screen outside pans-'ivo.s Irons adjoining properties. however additional screening marl, he needed to the north and south. i) Management ot'animal swastc must be such that odors are not perceptible at lot lines. Haste will he iem1wraril' stored onsiwe in enclosed containers until picked ill) and removed front the site. j) Bark suppression devices or bark collars shall be used on all adult dogs. six months of ace or older, while outside. k) No more than two adult dogs, six months of age or older. are allowed outside at any one time. 11. Pursuant to Chapter 17.18 (2) the tollowine standards apply to all Commercial uses, whether permitted or permitted by conditional use permit: a) Minimum road rights-of-way shall be 80 feet unless the right-of way pre-exists adoption of this ordinance. b) Minimum pavement width shall be 24 Icet. c) Minimum turn radiuses shall be sufficient to handle the size ol'vehicles likely to use the site. d) Wastewater and water svsICI11S shall be cuff iCient to service the proposed uses. c) All utilities. including electric, cable telcwision. telephone, gas, water and storm and sanitary seswet's. except electric power lines exceeding 1200 volts, shall be underground. f) All lighting must be the minimal amount needed for safeLN and security and must be dowmward directed and shielded away from neighboring properties to prevent glare. I::vterior !iglthag will be shielded and directed do,ontard. g) Specifications li,r planting and landscape areas. In design, every effort should be made to protect and retain existing trees, shrubbery and grasses not actually located in rirhts- of way. drainageways, vision triangles, and the like. 'frees should be protected and preserved durins construction. Planting shall be required in road setback areas and in side and rear yard offset areas, particularly where the development is immediately adjacent to a residential area. r\ minimum of at least 15 percent of the area within the property lines of each lot shall be devoted to landscape purposes. Supplemenal lamAcapiaag malerioA Trill he usecl tit parkbrg arcus along Highwel 65. h) AM commercial lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles. The propcrlp abuts resi(lemi al at,M ro 11n' sough uml across Slate lli,i,hu wv l i. Lkisting topogroplzv and regeaation provides screelling, in crdditiara .cupplenae11fal hmdsccapi11g trill he plurucd along Slow 1lit;lnrc?t' 05. i) 2 rchitectural control and appearance consistent with rules or guidelines adopted by the county or local community shall be followed. j 1 All roads, walks, drivereays. parking lots and loading area shall be paved. Roads shall meet design standards approved by the Chllmv Ilighvvav Dcpartnlent. Bil11nr11011s pavement is proposed for the cb•ir•errcrp, parking lot area and to accc.ss the garage loadhag area. "I'he it al-well, will be concrele k) Cross casements where commercial lots are side-by-side to allow linking of parking areas may be required for traffic safety reasons. Location of proposed itifi-asirucnu•e curb allou for ,future conneclivity ffiieedcd. II Road standards fir commercial developments may be increased by the Board or AcljusunCnt. An increase of these standards will be based oil relevant information such as Town plan. driveway widths. speed limit, number and types of vehicles using the road, parking availability, sound engineering judgment, and any other pertinent infirnnation. The County Ilighway Department shall review road plans and submit comnuuts. in) Site plans and facility plans shall be submitted to the Zoning Administrator. The proposed buil(iaaiz trill he 950 square feet. 13. Conditional uses shall only be granted subject to the rollowing provisions, pursuant to Section 11.70 t7)(a): a) NO grant of a conditional use shall violate the spirit or general intent of this chapter. b) No conditional use shall be allowed which would be contrary to the public health. safety, or general welfare or ssfiich would be substantially adverse to property values in the nei(hhorhood affected. c) NO use shall be permitted by a conditional use that would constitute a nuisance by reason of noise, dust. smoke. odor or other similar factors. f.rergreens grill he planted arotraael the clog 1-1111 area to mitigole noise and odor. rill ureos it-ill he paced is miligcae dust. d) 'Ihe board shall also apply standards set forth in other sections of this chapter which apply to particular classes of conditional uses. Sec Section 1-.11 (15) Slandards.for C'(HIM112 hIl Ke) M els ant Section 1', l-)' 72i Cit'lle d Slaadm-ds it file C'onrnrercial 1)iUrict. I1. fo qualify Jor a Variance- the applicant has the burden of proof to demonstrate that all three requirements defined ill state statues are mct: a) Unneccssary hardship: if the 300-loot setback is applied to all property lines, there is no compliant location on the parcel as the setback lines overlap. Literal enforcement of the ordintn•e mould prohibit this use which cart be permitted b ' v conditional use pci-mit. A e hat iship is not .sell-ct-eated. 777e van-iance should gralu the mininna7n relief, neresscn v. The building site Iocclrion 11 CIA shrbed f trilfer away from the northern proper(' line. h) Unique property' limitations: Steep hillOele to west and Floodplain. 7ote A to rIIC east rest•ic•t developme17t. The property rakes access !rani State lGglawary 65 avid is in close proximity to hnlerstate->4'. c) No harm to Public interest the request will meet the intent of the Commercial District. life request will sleet the intent of the Coif n7ercval FNslrict to provide personal serried uses to sen< the needs o(1to•al resident., and other businssc s. Dill, to existhlg .site characteri.stres. excessive noise trill he mitigated. The il7ktu of file ordinance requiremew than kennel ktructilres shall lie setback an least 300-feet, fi•o7n all property lines is prin7arilr to )Ill tigrne noise associated with C'ommerc•ia! Kennel operalion to neighboriti properties. -Phis property has 1-91 to the north and State liuy 65 to the east, both have 170ase' 4l5'1oCIa1Cd 1171h highiy traveled road!'. The (till that 1•ises approximately 30-!eet in elevation to the west trill act a.s a nallowl barrier regcu•dirrg noise. cis the Cbmnaercial Kennel will be al a lower deration than those surrounding properties. The south properl' Iline is c•onlpliaot with the 300 firer .seibac•k, Afier (Mal y_ing this pcntic•tdar properly all consideril7g all htlormatron. relief the applicant is seeking would not severely undermine or .sldn•elt file Propose of,nhe ordinane or public, irrtere.sf i DECISION Oa the basis of the above Findings of tract. Conclusions of Lass- and the record herein, the Board approved the applicant's Conditional Ilse request. ss ilh the following conditions: 1. Conditional Use Permit approval to construct and operate a Commercial Kcnnel, pursuant to Section 17.18 (9) p. of the St. Croix Couniv %onino Ordinance. The future addition for a conmmunity;education center will require an amendment to this Conditional Use Permit. 2. Variance approval to allow lice Commercial Kennel to be placed within the 300-foot property line setback, however no closer than 100-feet all property lines, as per the revised site plan dated March d. 2019. i. The request shall comply with all standards listed in Section 17.12 (15) (standards applicable to Commercial Kennels)- Section 17.15 (2) (standards applicable to all commercial uses) and Section 17.17 (017-Strcct Parking standards) ofthe St. Croix County %onina Ordinance. 4. 11011 I'S open to the public will be from 10:00 a.m. to 1:00 p.m.. Tuesday through Sunday. Staffand volunteer hours will be from 7:00 a.m. to 10:00 p.m. daily. Exceptions to these hours can be accomrnodated on a limited basis [br law enforcement and animal control officers. hnprovements to the intersection andior local transportation system. if necessary, shall be the responsibility of the applicant and details to be compliant with the Wisconsin Department of Transportation. 6. (here shall he no filling or grading or improvements within Floodplain. Zone A vaithout Land Use Permit approval from St. Croix County ComrnunitV Development Department. 1. *]`he drkcway, loading access and parking area shall be paved y6thin two (2) years of completing construction. 8. Permanent parking shall be shielded from neighboring properties. 9. Supplementary landscaping (Two rows of screening plants (evergreen), spaced no greater than 20-feet apart and at least 4-feet tall) shall be planted immediately adjacent to the outside dog run area vailhin the first six months of completing construction, weather permitting. 10. An mncndntcnt to this Conditional Use Shall be required prior to allow use of the comnnmity+''education center. 11. the applicant shall secure all necessary permits and approvals from any other required local. state or federal agencies. 12. The applicants shall have two (2) years from the date of this conditional use approval to beuin land dislurbance~conslruction activities to build the facility, and five (5) years from the date of this conditional use approval to complete construction. Failure 10 do so will result in expiration or revocation of the conditional use permil. Prior to expiration or revocation, the applicant may request a written extension Of up to six months from the Zoning Administrator. 1 3. These conditions may be amcndcd or additional conditions may be added if unanticipated circumstances arise that would affect the health and or safety of citizens or degrade the dded without natural resources of St. Croix County. Conditions will not he amended or added' notice to the applicant and an opportunity for a public hearing. 14. Any now owners of the property must adhere to the standards and conditions of the approved Conditional Use Permit. Anv change or addition in use of the property, buildings: or modification of or addition to the property or buildings shall require review by the Zoning Administrator to determine if the use may be allowed. The decision applies to the property rather than the individual. is valid for only the specified property. and is not transferrable to other properties. 15. Accepting this decision means that the applicant and their agent have read, understand, and agree to all conditions of this decision, and have no objections to County staff conducting unannounced onsite inspections to check for compliance with this permit. I Ilc IollowiII vole was to kcn to approve the request: Chairperson MaIick. (Ycsy Vice Chairman Peterson. 0'es); Nelson. (Ye.); Niccum, (Yeti); Miller, (Ycc). All in favor. motion carries. APPEAL RIGHTS Am person a-'grieved by Ibis decision may I-] le an appeal in St. Ooix County circuit court within 30 days atler the tiling date shown bclotc, pursuant to Sec. 59.69:1(10). Wisconsin Statutes. St. Croix County assuutcs no responsibility for action taken ill reliance oil this decision prior to the expiration of the appeal period. St. Croix County does not cerlily that the idcntity of all persons le;pally entitled to notice of the Board of Adjustment proceedings. which resulted in this decision, was provided to the Comm. nIf an appeal is taken of thiN decision. it is the responsibility of the appellant to submit al hislher expense it transcript of the Board of Atflustment proceedings to the circuit court. The Community Development 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. /ONINC BOARD OF ADJUSTMENT Signed: - - Clarence AV'. Malick. Chairperson Date Filed: Mav 23. 2019