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HomeMy WebLinkAbout022-1067-50-000 (3)ST. CRQx C- Y l5COl2S(/L Community Avelopment Government Center 1101 Carmichael Road I Hudson WI 54016 Telephone: 715-386 46W I Fax: 715-386-4666 www.sccwi.gov October 24, 2019 File Reference'. CUP-2019-019 & CUP-2019-020 Greg & Irma Zwald 1482 Oak Drive River Falls, W 154022 RE: Conditional Use Permits - Decision Property located in Part of the NE 1/4, Sec. 24 T28N, R18W, Town of Klnnlcklnnic Dear Mr. and Mrs. Swain, The St. Croix County Board of Adjustment has reviewed your requests for the following items'. 1. Conditional Use Permit for Agricultural Entertoinment,lawries which exceed fifteen 05) days in the aggregate annually, pursuant to Section 17145 C 1. 2. Conditional Use Permit for Sole of agricultural and dairy products notproduced on the premises and incidental sale of non-alroholm beverages and snacks, pursuant to Section 1].145 C.1. On October 24, 2019, the Board of Adjustment heard the requests for both Conditional Use Permits. Both Conditional Use Permits were approved, with conditions. Feel free to contact me with any questions or concerns. Sincerely, ^-�� Ke in Grabau Land Use/Code Administrator Enclosure: Formal Decision EC. Town of Klnnlcklnnic Clerk; k'nniclefkpIcloud Cram Greg & Irma Zwald; berg es(awh tep neberryfarm com Kimberly Zwald; K mberlvzwald@?ama'I com CC File Kevin Graben Kevin. Grabau@xcwi gov (715)386-4680 FINDINGS, CONCLUSIONS, AND DECISION OF THE ZONING BOARD OF ADJUSTN6:NT ST. CROIX COENITY, WLSCONSIN Pile Number: CUP -2019019; CUP-2019-020 Applicant: Crop &Irma Zwald Agent: Kimberly Zovid Complete Application Received: Septembu 3, 2019; October 2, 2019 Hearing Notice Publication October 10 and 19, 2019 Hearing Date October 24, 2019 FINDINGS OF FACE AND CONCLUSIONS OF LAW I laving heard all the testimony, considered the entire record herein. and visited thealtq the Board ofAdjustmet makes the following Findings of Fact and Conclusions of Law pertinent to the applicant's Conditional Use requests'. 1. The site is located at 1482 Oak Drive, River Falls, W154022. 2. The applicant requests two Conditional Use factories. ii Agricultural retrenchment Activities which exceed fifteen (15) days in the aggregate annually; and 42: Sale of agricultural and dairy products not produced on the premises and incidental sale of non- alcoholic beverages and snacis, pursuant to Section 17.14 C. 1. of the Sc Croix County Zoning Ordinance. 3. The preferred uses are consistent with the Agricultural Accessory uses particular to Sections 17,145 CA, 4. The applicants propose to extend the number Agricultural ihtettaimnent Activities l0 45 total event days per year, mainly June through October. 5. The applicants will also process and preserve vegetables, berries, baked goods and other food products, non-alcoholic beverages, honey, all of which would utilize, products grown on the farm, and products firm other local farms as ingredients. he Garbage will be collected in garbage basins around the grounds, and will be removed via trash collection service. T This request would not impair the current or future agricultural use of surrounding properties as the site itself is an critics farm. 8. The retail area will only be open on Al event days and days that are open forr`pick-yom- own" operations. The retail area will be subordinate in sire to the other uses of the shed. 9. Proposed uses are appropriately screened ffom neighboring residences with the existing trees and vegetation - 10.Conditional Uses shall only In granted subject to the following provisions, subject to Section 17 70(7)(a): a. No grant of a conditional use shall violate the spirit or general intent of this chapter. Both Conditional Uses in the Zwuld request are allowed uses in the AG District by approval of Conditional Use Permits therefore, they do not violate the spirit or intent othee Chapter. b. No conditional use shall be allowed which would be contrary to the public health, safety, or general welfare which would be subshmtlally adverse to pmpevy values in the neighborhood affected. i. The preparation andproeessing fI rdproduces itillrequire a Retail Food Establishment license issued by the St Croix County Health Department. Other licenses may be required as necessary. ii. All parking will be out fthe road right-of-way ui. The applicants will have to comply with any requirements of the Town of Khmiekbnie regarding any changes to the driveway access. iv. Adequate restroom and hand washingfdshlies will be availablefor guests. v. The uses are allowed in the AG-2 District vi. All lighting will be downward directed There is s fcicol vegetative screening on the site to prevent glare of headlights and other lighting to nelghboringproperties. vn. Aplistic owilewastewalertremmentsystem(PO0 ,) will be designedfor the new shed building. e No use shall be permitted by conditional use Nat would constitute a nuisance by reason of noise, dust, smoke, odor, or other similar factors. i. There is sfficient distance to neighboring residences, and adequate vegetation existing on the site to buffer the noise from the activities occurring on the size ii. The domewrsfer the Movie Night will ¢positioned mpoint North, with the correct neighbor being greater than 3.800feet to the north from the movie site. ui. Dust will be controlled on the driveway and parking areas by spraying water as needed on gravel surfaces. is. There is no smoke or odors an? Feipatedby the activities due are inconsistent with agricultural practices. v No complaints have been received by County staff regarding past activities that have occurred on the site. it The Board shall also apply standards set forth in other sections of the Ordinance, which apply to particular classes of conditional uses. Per Section IT145 D., Agricultural Entertainment Activities which exceed Rooms 05) days in the aggregate annually., and. Sale ofagricultural and dairy products rot produced on the premises and incidental sale of non-alcoholic beverages and snacks, ere allowed by a conditional use permit if all of the following standards are met: i. The use and its location in the AG District are consistent with the purposes of Ne District The use and location are consistent with the purposes of the District. ii. The use and its location in the AC-2 District are reasonable and appropriate, considering the existence, if any, of alternative locations or whether or not they are specifically approved under applicable state or federal laws. The location and uses are allowed within this District The uses comply with some ands decal laws. ui. The use is reasonably designed to minimize the conversion of land at and surrounding the location of the proposed conditional use, from agricultural or other were space use to other uses. The uses will not require the conversion eflund, nor surrounding lands. The uses are consistent with agricultural uses, as allowed by firdirwnce. is. The use does not substantially impair or limit the current or future agricultural use of surrounding parcels of land that are zoned for or legally restricted to agricultural uses. The uses will not impair Ji¢ure agricultural es of surrounding parcels, as all user on the property are allowed as agricultural uses The primary use of the property is growing agricultural products. v. Construction damage to the land on the same faun parcel remaining in agricultural uses is minimized and will be repaired to the extent feasible. There will be only one additional building (dask cwnanucred for the agricultural uses on the property, requiring minimal idling overmatching The building will be 88 feet by 42 feel Site will be repaired upon completion of construction. A minimal amount of cropland will used for d ing the shed. vi. good landscape and continuity of existing neighborhood shall be considered when applying design or performance standards to a proposed conditional use. The landscape will remain agricultural in appearance. the new shed wail be constructed to look like other farmstead pole buildings and will blend in with the form setting, No other structures are proposed at this time. .d Within the AO-2 District, all driveways, private roads and parking areas shall have semi -impervious surfaces (such as 6" of 3/4" aggregate rock or limestone screening, pea gravel, Class 5 gravel or defenses pavers) are used as alternative surfaces to decrease the velocity of run off and to encourage solace infiltration, reduce dust and be aesthetically pleasing. The driveway is consented with both grovel and asphaltpaving The parking weather all uses, except for large weddings and Crop Festival events, are constructed with a gravel surface. Limited use of grass covered overflow parting for weddings and Crop Festivals wilt be used only as necessary. In the jurors, additional gravel covered parking areas maybe required The gravel covered driveway wall be sprayed with water as necessary for dust control viii. Adequate off street parking shall be provided and perking areas and driveways shall be subject to treatment with dust control measures and all permanent parking areas shall be shielded from neighboring properties. Adequate ffstreet➢arking exists an the property. There will be a minimum of 56 gravel covered parking spaces. There are an additional 20 grass coverearparking spaces and 110 overflow fieldparking spaces- The gravel covered driveway and parking areas will be sprayed with water as necessary for dust control. Adequate screening Of treat and vegetation currently exists on the property to shield the glare of headlights to surrounding properties. is. No vehicles ehall be parked on adjacent County road rights of ways. Sufficient parking areas exist on the property, and are not within road rigldvsof-way There will be no parking within the road right-of-way of Oak Drive. x. Design ofdrivewaya with adequate sight distance to amommulateexpected volumes of traffic in accord with accepted highway engineering standards shall be required. Oak Drive is under Town ofKini ickinnicpaisdtetionfor driveway design and engineering, xi. Outdoor lighting shall IR of the minimum amount needed for safety and security and all lighting elements shall be directed downward and shielded way from adjoining properties to avoid glare. All outdoor lighting will be directed away from adjoining properties. Walkways will be lit with small solar lights. Light from movies will be limited by only pr fectmg onto the limits of the show screen. There are no sight limes to adjoining properties due to screening by carting trees. xii. Hours of operation need to be identified and determined by the Board of Adjustment, based upon typical seasonal working howl. There are no hours foacralion listedin the AG-2 District. Hours ofoperation are listed in the application for every use. The weddings have the latest hours listed, but are typical for wedding events No complaints have been received by County stag oomining to any events that have occurred on the property. mit Sanitary facilities shall be provided in compliance with Ch. 12-Sanitury. There will be permanent bantroom facilities provided In the new shop building. Two sets fpareable restroamq each with operable haredwashing station will be available on the site at all times, each set will include one regular and one handicap accessible resroom. There will also be an additional set of portable restrooms for large events such as wedding and Crop Festivals. One set will beprovidedat the barn for weddings, with another act provided near the West gravel parking lot and produce stand Portable resiroom facilities will be provided on a calculation of mu per every 75 guests xiv. Allund or beverages animations, sale or conromption on theprion ses shall meet all fides, state and local regWartonx .subject to inspections by the St. Croix County Public Health Livnang and inspections staff The applicant has contacted the St Croix County Public Health Department, and will need to obtain a Retail Food Establishment license. Other licenses may be required, as necessary. xv. Compliance with state and local approvals. The applicant will need to comply with all other stare and local approval., as rusessairs. The applicant will work with the local Pere Department to determine if arty addirlow( approvals are needed DECISION On the basis ofthe above Findings of Fact, Conclusions of Law, and the passed heroin, the Boned approved both Conditional Uses Permit requests, MI and p2, with the following conditions: L The applicant shall be responsible for securing any necessary local, State, or Federal permigs), licenses and approvals. 2. The number of Agricultural Entertainment Activities shall not exceed 45 event days per year. 3. All food or beverages offered for sale or consumption on the premises shall meet all federal, state and local regulations, including obtaining all required licenses, and be subject to inspections by the St. Croix County Public Health -Licensing and Inspections staff, and other agencies as necessary. 4. The applicants are allowed to process and preserve vegetables, bevies, baked goods and offer food products, which utilize products grown on the farm, and products from other local farms as ingredients. The applicant is also allowed the incidental sale oPnon- alcoholie beverages and snacks, as Indicated in the Conditional Use Permit applications. 5. A private onsite wastewater treatment system for the new shed shall be installed and in compliance with Ch_ 12-Sanbery. Portable restrooms shall be provided on a calculation of one per every 75 guests. 6. Adequate off-street parking shall be provided as no vehicles shall be parked within the right of way of Oak Drive. Ile applicant shall provide semi -impervious surfaces, gravel, on ell driveways and parking areas for all events besides large weddings and Crop Festival. Large events, such as weddings and Crop Festivals, may use the gross and field verflow parking area., as depicted in the application. * Garbage spot be collected around the site and removed via a trash collection service. * The hours of operation shall not exceed those hours listed in the application for each use 9. The retail area shall only be open to the public on approved AEA event days and when the farm is open for business for "pick -your -own" operations. 10. All AEA events shall bo appropriately screened from neighboring residences. Iftress or vegetation are no longer able to screen the events appropriately, additional vegetative winsuch as coniferous treshall be required. 11. Anyg ex signage shall comply with section 17.65 Sign Regulation of the St. Croix County Code of Ordinances Land Use and Development. 12. 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 w the property owner and an opportunity for a public hearing. 13. Any change or addition to use of the properti, 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. 14. 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 conduct unannounced rating inspections m check for compliance with the conditions ofthis Conditional Use Formal. 'Ilie toIlowing vole was taken to approve both Conditional Use Perm it requests: Vice Chairman Paramour (Yes); Nelson, (Yes); Miller, (Yes); Spurns. (Yes). All In favor, both motions earned. APPEALRICH11i Any person aggrieved by us decision may file an appeal in St Croix County circuit coon within 30 days after the filing dais shown helve, pursuant roSec 59-6940HOk Wisconsm Stamma. St. Cmix 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 eerily that the identity of all persons legally entitled to notice of the Board of Adlmtment proceedings, which n%ollcA in 0ia depislon, was provided to the Courage. Ban appeal Is taken of this decision, it is the responsibility of the appellant to submit at motor expense a transcript of the Board of Adjustment proceedings to the circuit court. The Community Development Department can be contacted for information on bow to obtain a timemipt. It is the responsibility of the Board of Adjustment to submit its record (file) of this matter to the circuit noun. ZONING BOARD OF ADJUSTMENT Signed7!/6a'g David Peterson, Vice Chairperson Date Piled: October 24, 2019 1 , P 097019 L�ORIGIRIAL ST. C NTY CONDITIONAL I APPLICATION or,,, esm•c Grag and Irma ZWak ComrebtlApenp. Maalrg Arrress'. 14320ak Driva Masam Arl River Falls. WI MOM Dereme Phone: IJ NIA Deytlme Cell'. ]I 15 Mi? 43" Call: L F.11 beniea(@whltepinelserMamn.com E-n SITE INFORMATION sue Address: 14820ak Does River Falls WI MOM nopWty Laation: fro, NE V4,sec. 2d T. 20 N.,R. 19 W,Townal Ninnicklnnic Com"r#. panel LAND USE INFORMATION Zoning Clatief(Imck me): U AG. MAD, II UAG. RES. U RESIDENTIAL U COMMERCIAL UINDUSTRIAL Overpy DINkC (Cneeksirm eppAs U SHORELAND U RNERWAY U FLOODRAIN U ADULT ENTERTAINMENT Mom Me mare or your mgueac We are requesfing to increase the Agncuftwal Emertalnment Acgvity Days by 3U Does. Please sae effectual for more Informadon. Zoning Ondmarm. Firearm 17.14 ❑ Mon Nan one request u'M"application±fame sueawmenm ya amoumbe-ere arms eppmomarr mmmems) FEES Arplicnlm Fee : $ 1100 sugplem,ma Fam $175% if of arrlticnal requests) f Total Free: $ IaM east me Mamma ""Moo / Mh appNcarm is few arm comet W Me" at W my knowNlek pri owner sermd" ('- d.P agora- O'9 DemreeMnAgem sar a em Date 10IC I°1 OFFICE USE ONLY Re-apacal Mwtmp:JJ— Wrs: campkta ApgioXun Acwptea:JJ— By Foe Rewil ) r a Small Heeling new, _I I 715.�Hflm Fes m 1101 Grmimml Rm Rem. Wl W16- u OCT 02 2019 T ST. CRO ,IUNTY ADDENDUM Pile 11i Coal -O _. FOR ADDITIONAL°eeO"M Rrwx Us,Only CONDITIONAL USE APPLICANT INFORMATION Greg and Iola Zwald PrWmtYGa*er Cml2dalAgant'. HE 34 2e 111 KMnlrhlnnlc FYryMY Location : _114, _114, Sec. � T. _N., R. _W., Town o/ Compoo M Parcel a: Some Me nature of your request We are exposure W sell agtlwtlural and dairy products not produced we the premlam par me allowed ceremonial mile Speed in 17.146 CA �are�1T.145.L.1 Please answer the fallowing Feature, and provide any additional information, plans, orother materials that you feel addressee these areas In support of your request (use Wakeide of this eheN oraffeN addifione pa0w if humeri 1) How does this request relate to to request on your original conditional use pmmit appllcmon? This request reldb6 W Me natural on per engine) condo oval use gmlR de these produce w1111186Gtd'In war retell career mooing alongside of Me produce grown and raised an our arm. 2) Explain how No remount addresses%eme 14 on Pages 2 3 of your adginal conditional use permt application. 2) There is no Impact on Me enjoyment and value of the surrounding tomorrow This produce wit be said alongside the produce grown and raised on ourto". in the facilities already pmaded. 3) By selling eaaieooal produce it fits In wth Me AG4 seining and me clummear of Me surrounding area as it is SO agricultural goods being red 4) The spirit and Intent of the zoning district AG-2 a to have agdou%urel pmauceon, wiM some comma cial aspects Included. The sale Medditlonal produce fic dirm ly in bough Me saint of agricultural production as will as coreor mng some commereal retards. Safi) There Is no Impact different then explained In our origin at wna%ional use permtl. 3) Sobmil a suppamental infamnation Meet if this request dines in nature ham Mat on your Original mndierral use appllratbn and InvoNes any ethe Mlowing uwe: ❑ Major Heme Occupation ❑ Comaclar SWrage Yard (3 Aerate 3>1 Animal UnWAcre ❑ Filling& Grading ❑ Wireless Communication Tower ❑ Nonmelellc Mining ❑ Adult Entertainment ❑ Cwnmsu mnndusuial Use ❑ Lower St Croix Rlvenvay, ❑ Shorelana ❑ Feature ❑ JunYJSalvage Yard, Kennel, Slaughterhouse, or imited Commercial Recreational Use f Malawi Mat me mm madon common or saw enthusiasm is free and Sommer to Me bust of my knowledge. PropertyOwner Signature: % i- Drate llgll2ot9pt OoMnmortAgent Signature: Data I I I coo®co sn rrerrox VA us 1 101 COMWO"necnonq Huosorv, VA wore wwn%raeoos"