Public Hearing: November 26, 2013 Petition: CUP 2250 Zoning Amendment: Acres:3.78 Survey Req. No Reason: Agriculture Entertainment Wedding barn

Transcription

1 Staff Report Zoning and Land Regulation Committee Public Hearing: November 26, 2013 Petition: CUP 2250 Zoning Amendment: Town/sect: A-1EX Exclusive Agriculture Blue Mounds District to A-1EX Exclusive Section 15 Agriculture District Acres:3.78 Survey Req. No Reason: Agriculture Entertainment Wedding barn Applicant HLS LLC Location: 2505 State Highway 78 Description: The Century Barn Events would like to obtain approval to operate their agricultural entertainment activity for more than 45 days out of the year. The area is part of a 206-acre farm used for animal reproduction. The owners rent out the 100-year old barn for wedding events and other social gatherings. The current design does not allow more than 200 persons at any one gathering. Observations: Although GIS mapping shows an intermittent stream on the property, the intermittent stream does not meet the standard of a navigable waterway (no bed and bank). There are no sensitive environmental features in this part of the farm. Town Plan: The property is located in the Agricultural Preservation Area. The agricultural based business appears to meet the town plan policies. Resource Protection Area: The existing development is outside the resource protection area. State Highway Department: A new access permit may be needed from the State Highway Department due to the change in use. Staff Comments: The business has been in existence for several years without complaints. Staff has prepared suggested conditions to mitigate any potential nuisances. See attached. Town Action: Approved with no conditions.

2

3

4

5

6

7

8

9

10

11 78 Legend Feet Significant Soils Class Class 1 Class 2 Steep Slopes <VALUE> Slopes < 12% Slopes < 20% Wetland polygons 100-year Floodplain Hydric Hydric Inclusions CUP 2250 HLS LLC Century Barn

12

13 Staff Report Public Hearing: November 26, 2013 Petition: CUP 2253 Zoning Amendment: Town/sect: A-2 Agriculture District to A-2 Oregon Agriculture District Section 24 Zoning and Land Regulation Committee Acres:0.05 Survey Req. No Reason: Communication tower Applicant Reindahl Stone Inc Location: 783 County Highway MM Description: AT&T is proposing to construct a new 150 monopole cell tower on the 2,500 sqft lease / CUP area. AT&T indicates that the site is required to fill in coverage gaps in its network. Observations: The property is an existing non-conforming quarry site zoned A-2. The Jefferson Village residential subdivision is located on the adjoining property to the south, and a vacant, wooded town-owned property adjoins the property to the north. Town Plan: The property is located in the town s Rural Preservation II planning area. The town plan policy on communication towers requires that the owner/operator of the tower enter into an agreement with the town that addresses the tower s, use, design, site location, overall safety and potential impacts to the Town and neighboring Jurisdictions. Based on recently adopted state legislation on cell tower siting, it is unclear if such an agreement can be required as a condition of approval of a conditional use permit (see attached staff report for additional information). Resource Protection Area: No resource protection areas are located on the property. Staff Comments: Please see attached staff report and radio preliminary frequency (RF) engineering report. Staff recommends postponement at the 11/26 public hearing to provide opportunity for public feedback and town action on the proposal. The county s RF consultant is in the process of reviewing the additional materials requested in his preliminary report. A final report and recommendations will be provided to the committee as soon as the subsequent review is complete. Town Action: Pending.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31 Kennedy Park Rd MM French Ct Oregon Trl A French Gln Legend Feet Significant Soils Steep Slopes Wetland polygons Class Class 1 Class 2 <VALUE> Slopes < 12% Slopes < 20% 100-year Floodplain Hydric Hydric Inclusions CUP 2253 Reindahl Stone

32

33

34

35

36

37 Notice of Public Hearing Zoning and Land Regulation Committee Public Hearing: November 26, 2013 Petition: Rezone CUP 2254 Zoning Amendment: Town/sect: A-1 Agriculture District to A-3 Bristol Agriculture District Section 25 CUP: small-scale electric generating station Zoning Acres:40 CUP Acres: 3.7 Applicant Survey Req. No Dennis Ballweg Reason: Allow small-scale electric generating station (manure digester) Location: 6790 Twin Lane Road Description: The Maunesha River Dairy LLC and Sunnside Digester LLC propose to install a small scale electric generating station (manure digester) on the 300 acre Ballweg farm to assist in manure management and to provide electricity generation for on-farm use. The Maunesha River Dairy consists of approximately 1,640 animal units. Land spreading of manure produced from the farm occurs over approximately 1,700 acres. Any excess electricity produced from the operation will be sold back to the grid. The proposed digester facility would be located north of the existing livestock building. Observations: The proposed CUP area consists primarily of Class 3 soils. A manure lagoon is located about 300 feet east of the proposed CUP area. The Maunesha River is located approximately 1,400 to the east. Town Plan: The property is in a town-designated farmland preservation area. The proposed agriculture-related use appears consistent with town plan policies. Resource Protection Area: An area of resource protection corridor associated with the Maunesha river is located approximately 1,000 feet to the east of the proposed CUP area. Staff Comments: See attached operations plan and site plan for additional detail on the proposal. Staff recommends approval of the proposal subject to the attached recommended conditions. Town Action: Rezone approved no conditions. CUP approved with conditions (see attached).

38 Twin Lane Rd Town of Bristol Change of Zoning: A-1 Agriculture to A-3 Agriculture Legal Description: NW 1/4 of the NW 1/4 of Section 25, T9N, R11E, Town of Bristol Feet Ballweg Property Proposed Rezone

39 Twin Lane Rd Town of Bristol Change of Zoning: A-1 Agriculture to A-3 Agriculture Legal Description: NW 1/4 of the NW 1/4 of Section 25, T9N, R11E, Town of Bristol Feet Ballweg Property Proposed CUP Boundary

40 Branch Rd 2.5-acre manure storage Proposed 40 x 55 building and 80-foot diameter digester Twin Lane Rd Town of Bristol Greenway Rd Note: Buildings shown to scale. Digester to be used for processing on-site manure. Legend 100-year Floodplain Feet Ballweg Farm

41

42

43

44

45

46 Town of Bristol CUP Request 6. A written discussion explaining the conformance with conditional use criteria, and the street and circulation system contemplated and connections to off-site streets. 1.) That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The Project will not endanger public health, safety, comfort, or general welfare. The Project processes stable, non-hazardous manure and organic food waste. The primary benefits of anaerobic digestion include odor reduction, reduction in pathogens, and capturing and burning the methane and reduced transportation cost by reducing the heavy equipment traffic on the roadways. The system is designed with secondary containment to prevent a manure spill in the event of a catastrophic failure of a tank. As part of the Wisconsin Department of Natural Resources permitting process, a complete environmental assessment will be required and completed. 2.) That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by establishment, maintenance, or operation of the conditional use. The majority of the surrounding property is agricultural. This project will help ensure that the farm can manage their manure storage and application to better nutrient utilization while reducing the potential phosphorus run off in the watershed. This project will reduce the amount of heavy traffic on the roadways. The project will also significantly reduce the odor associated with manure management. In the digestion process, the volatile organic compounds which create the odor in manure are broken down and converted into biogas. By removing the volatile organic compounds the odor of the liquids is reduced by approximately 90% during storage and land application which should benefit the neighbors of property currently operated by the farm. 3.) That the establishment of conditional use will not impeded the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The neighboring properties are currently used for agriculture production. This project will reduce the amount of heavy traffic on the roadways. This project will also significantly reduce the manure odor during storage and land application which should benefit the neighbors of property currently operated by the farm. 4.) That adequate utilities, access roads, drainage and other necessary site improvements have been or are being made. 1

47 As part of the Project, Alliant Energy will be upgrading the electric distribution system from the Vinburn sub-station to the project location. The driveways on site have been designed to accommodate the proposed truck traffic. The project has also been designed to meet the storm water requirements of Dane County and the Wisconsin Department of Natural Resources. 5.) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. The project has been designed with driveways to and from the site off of East Branch Road (Ballweg Drive). Ballweg is a dead end only servicing the Ballweg property. 6.) That the conditional use shall conform to all applicable regulations of the district in which it is located. The plant is subject to regulation by the Wisconsin Department of Natural Resources (WDNR) under a Wisconsin Pollutant Discharge Elimination System (WPDES) permit which requires regular testing and reporting to ensure the plant is operating within its permitted limits. The project is subject to air quality operational limits as set by the WDNR as part of the plant s air permit. The project will be responsible for maintaining the storm water control features as enforced by both the WDNR and Dane County. 2

48

49

50

51

52

53

54

55

56

57 Dane County Zoning Division City-County Building 210 Martin Luther King, Jr., Blvd., Room 116 Madison Wisconsin (608) / Fax (608) DANE COUNTY CONDITIONAL USE PERMIT #2254 THE ZONING AND LAND REGULATION COMMITTEE OF THE DANE COUNTY BOARD PURSUANT TO SECTION (2) OF THE DANE COUNTY CODE OF ORDINANCES DOES HEREBY: GRANT Conditional Use Permit #2254 for a small scale electric generation station to Dane County Code of Ordinance Sections (3) and subject to any conditions contained herein. EFFECTIVE DATE OF PERMIT: PENDING THE CONDITIONAL USE SHALL BE LOCATED ON THE PROPERTY DESCRIBED AS FOLLOWS: <<<insert legal description and address>>>> CONDITIONS: 1. The applicant shall submit a stormwater management and erosion control plan covering the entire CUP area for the duration of operations that meets with the approval of the Dane County Land Conservation Department and receive approval of an erosion control and stormwater management permit from the Dane County Planning and Development Department before construction may commence. 2. The applicant shall apply for and receive all other required local, state and federal permits before construction commences and proof of such permits shall be filed with both Dane County Planning and Development Department and the Town of Bristol. 3. No manure other than manure generated on the same farm where the digester is located may be processed by the Digester. The Digester may process up to 10% substrate sourced off-site. The term substrate means fats, oils or greases which are generally accepted as appropriate for processing in manure digesters and contain no hazardous chemicals. Manure may be stored only in the designated storage bins and facility. Processing of any manure produced on other farms, or an increase in the capacity of the digester, may not occur unless this conditional use permit has been amended with concurrence of the Town of Bristol, and new conditions related to the changes in operations have been approved. 4. The site shall have suitable remote security monitoring. H:\Zoning\ZLR\Conditional Use Permits\CUP #2254 proposed.doc Page 1 of 3

58 5. The Zoning Administrator, Town Building Inspector or designee may enter the premises of the operation to inspect those premises with reasonable advance notice to ascertain compliance or to investigate an alleged violation. Anyone inspecting the property will be escorted by the Applicant and will comply with all safety regulations. 6. The plant shall be built so that a passive containment system will catch and retain in containment 110 percent of the largest single tank capacity, or such other amount as is required by the DNR. 7. Dane County and the Town of Bristol shall be listed as additional insureds on the project construction liability insurance policy. 8. The Applicant shall comply with the spill prevention and emergency response plan approved by the State of Wisconsin. The Plan shall assure that alarm systems shall monitor the Digester at all times when the Digester is operating but personnel are not physically present. The Applicant shall assure that a person with authority to supervise emergency response operations on the plant premises shall be on call within a reasonable response time. The Applicant shall inform the Town, the Sun Prairie Volunteer Fire Department and the Dane County Sheriff s Department of the names and phone numbers of the persons who are on call for given periods of time. 9. Sunny Side Digester LLC is a limited liability company established to operate this project. Gundersen Lutheran Envision, LLC or another entity acceptable to the Town shall either execute a guarantee of the obligations of Sunny Side Digester LLC or provide security which is sufficient in type and amount to assure the Town and County that resources will exist to (a) pay the costs of environmental remediation in the event of an accidental discharge or other accident at the Digester to the extent required by the DNR permit issued to the facility or a plan of correction from the DNR; and (b) pay for the proper and sanitary closure and site remediation of the project upon the termination of Digester operations, consistent with the requirements of a decommissioning plan approved by the Town. 10. The Applicant shall meet with representatives of the neighborhood and the Town as requested at reasonable intervals. At that meeting, the Applicant shall respond to issues raised by the Town or the neighborhood. 11. Prior to any application for expansion of the operations of the digester on the property, the Applicant shall submit to the Town a plan which identifies the farms or other customers to be served by the additional capacity, the traffic routes to be used, and other modifications in the operation. 12. The Applicants shall make an annual payment for municipal services of $2,500.00, commencing on February 1, The Applicant shall furnish a purchase contract for the power generated by the digester facility duly executed with a public utility. H:\Zoning\ZLR\Conditional Use Permits\CUP #2254 proposed.doc Page 2 of 3

59 THE ZONING AND LAND REGULATION COMMITTEE AFTER PUBLIC HEARING AND IN THEIR CONSIDERATION OF THE CONDITIONAL USE PERMIT MADE THE FOLLOWING ADDITIONAL FINDINGS OF FACT PURSUANT TO SEC (4) DANE COUNTY CODE OF ORDINANCES: 1. The use and its location in the A-B agricultural business zoning district are consistent with the purposes of the district. 2. The use and its location in the A-B agricultural business zoning district are reasonable and appropriate, considering alternative locations, or are specifically approved under state or federal law. 3. The use is reasonably designed to minimize the conversion of land, at and around the site of the use, from agricultural use or open space use. 4. 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 use. 5. Construction damage to land remaining in agricultural use is minimized and repaired, to the extent feasible. EXPIRATION OF PERMIT In addition to any time limit established as a condition in granting this CUP, Section 10.25(2)(n) of the Dane County Code of Ordinances provides that any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with the ordinance. H:\Zoning\ZLR\Conditional Use Permits\CUP #2254 proposed.doc Page 3 of 3

60

61

62

63

64

65

66

67

68

69

70

71

72