HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 12/21/2006Bayfield County Planning / Zoning Committee Public Hearing / Meeting – Dec. 21, 2006
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MINUTES
Bayfield County Planning / Zoning Committee Public Hearing / Meeting
December 21, 2006
Board Room, County Courthouse, Washburn, WI 54891
1. CALL TO ORDER OF PUBLIC HEARING: By Chairman Beeksma at 1:00 PM.
2. ROLL CALL: Beeksma, Jardine, Miller, Rondeau, present; Maki, absent.
3. AFFIDAVIT OF PUBLICATION: Read by ZA Kastrosky.
4. REVIEW OF MEETING FORMAT: By Chairman Beeksma.
5. PUBLIC HEARING:
A. CAROL KANGAS, OWNER / RALPH FROSTMAN (SOUTH SHORE SAND & GRAVEL) AGENT PUBLIC
HEARING REQUEST (to address Reclamation Plan) on a 10–acre parcel (part of ID# 040222470901104000
10000) described as part of the SE ¼ of the NE ¼, Section 1, Township 47 North, Range 9 West, Town of Hughes.
[Any conditions placed on the reclamation plan shall pertain to the reclamation plan only, and not to the conditional use
application which was granted Oct. 19, 2006.]
Director Kastrosky reviewed Item A: Conditional Use was approved last month; Reclamation Plan was not approved by
Zoning Committee as separate item as is required, therefore on Agenda again.
B. JOSHUA & BRENDA ROWLEY CONDITIONAL USE REQUEST Operate Sand & Gravel Pit on 28.65–acre
parcel (ID# 0402624605214030001000), described as part of the SW ¼ of the SE ¼, Section 21, Township 46
North, Range 5 West, Town of Kelly. Included in this request will be the requirement(s) of the reclamation plan, which
will be addressed separately.
[Any conditions placed on the reclamation plan shall pertain to the reclamation plan only; any conditions placed on the
nonmetallic site shall pertain to the conditional use application.]
* Note: motions / changes in order of public hearing / meeting.
· After Item A., C., and D. were heard, motion by Rondeau, second by Jardine, to suspend the Public
Hearing temporarily, reconvening for Item B. when the Reclamation Plan for that case arrived (Plan
was in route from ABDI Ashland); carried 4 yes / 0 no.
· 1:20 PM Public Hearing was suspended and Business portion of meeting opened.
· 1:57 PM Business portion closed. Motion by Rondeau, second by Jardine, to suspend the business
portion and go back to public hearing; carried 4 yes / 0 no.
· 1:57 PM Public Hearing reconvened
C. TODD VERNON REZONE REQUEST from Forestry1 (F1) to Agricultural1 (Ag1) on 40acre parcel (ID#
002104109), described as the SW¼ of the SE ¼, Section 31, Township 48 N, Range 5 W, Town of Barksdale.
Dave Appelgren (T. Vernon representative) spoke: Desire is to rezone for farm use (pastureland, fencing, barn, cattle).
Kastrosky said because of the ‘larger scope’ this request would be best served by rezoning rather than Special Use.
L.U.S. Travis Tulowitzky stated applicant applied for a residence and barn permit last year and was then notified
farming is not allowed in Forestry zone.
Support / Opposition: None
Kastrosky: no Town input received. Tulowitzky: rezone apparently was on Town agenda but not discussed; Zoning
paperwork is stamped as sent; Town Clerk said she does not recall seeing it; Dept. will resend if Clerk doesn’t find
forms.
[Note: Discussion included Item D. as well / is adjoining D. parcel listed in.]
Bayfield County Planning / Zoning Committee Public Hearing / Meeting – Dec. 21, 2006
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D. TODD VERNON REZONE REQUEST – from Forestry1 (F1) to Agricultural1 (Ag1) on 40acre parcel (ID#
002104110), described as the SE ¼ of the SE ¼, Section 31, Township 48 N, Range 5 W, Town of Barksdale.
[Note: Discussion included with Item C. / is adjoining parcel listed in C.]
6. ADJOURNMENT OF PUBLIC HEARING:
* Note: motions / changes in order of public hearing / meeting.
· After Item A., C., and D. were heard, motion by Rondeau, second by Jardine, to suspend the Public
Hearing temporarily, reconvening for Item B. when the Reclamation Plan for that case arrived (Plan
was in route from ABDI Ashland); carried 4 yes / 0 no.
· 1:20 PM Public Hearing was suspended and Business portion of meeting opened.
· 1:57 PM Business portion closed. Motion by Rondeau, second by Jardine, to suspend the business
portion and go back to public hearing; carried 4 yes / 0 no.
· 1:57 PM Public Hearing reconvened
· 3:00 PM Motion by Jardine, second by Miller, to adjourn the Public Hearing for a break; carried 4 yes /
0 no.
· 3:07 PM Motion by Rondeau, second by Jardine, to reopen the Public Hearing; carried 4 yes / 0 no.
7. CALL TO ORDER OF ZONING COMMITTEE MEETING: By Chairman Jardine (see above)
8. ROLL CALL: Beeksma, Jardine, Miller, Rondeau, present; Maki, absent.
9. MINUTES OF PREVIOUS MEETING(S): Motion by Miller, second by Jardine to approve Nov. 16, 2006 minutes as
prepared; carried.
10. BUSINESS:
A. CAROL KANGAS, OWNER / RALPH FROSTMAN (SOUTH SHORE SAND & GRAVEL) AGENT PUBLIC
HEARING REQUEST (to address Reclamation Plan) on a 10–acre parcel (part of ID# 040222470901104000
10000) described as part of the SE ¼ of the NE ¼, Section 1, Township 47 North, Range 9 West, Town of Hughes.
[Any conditions placed on the reclamation plan shall pertain to the reclamation plan only, and not to the conditional use
application which was granted Oct. 19, 2006.]
Director Kastrosky reported no ‘financial assurance’ was noted in the Rec. Plan and Committee may wish to make that
a condition. Motion by Jardine, second by Rondeau to approve Rec. Plan contingent upon receipt of financial
assurance; carried, 4 yes / 0 no.
B. JOSHUA & BRENDA ROWLEY CONDITIONAL USE REQUEST Operate Sand & Gravel Pit on 28.65–acre
parcel (ID# 0402624605214030001000), described as part of the SW ¼ of the SE ¼, Section 21, Township 46
North, Range 5 West, Town of Kelly. Included in this request will be the requirement(s) of the reclamation plan, which
will be addressed separately.
[Any conditions placed on the reclamation plan shall pertain to the reclamation plan only; any conditions placed on the
nonmetallic site shall pertain to the conditional use application.]
1:57 PM – Motion by Rondeau, second by Jardine, to suspend the Business Meeting and go back to Public
Hearing; carried 4 yes / 0 no. Public Hearing reconvened 1:57 PM.
Josh / Brenda Rowley: presented Reclamation Plan just obtained from ABDI; reported location change (will start
approximately half way up the hill and go below existing grade thereby reducing view of operation from Maple Ridge
and homes in vicinity); request was previously heard [by Zoning Committee] / sent back to Town of Kelly.
Applicant read THEIR proposed conditions into the record, as follows:
· Operating Hours: Monday – Friday 7:00 AM to 6:00 PM; Saturday 7:00 AM to 12:00 PM
· Road Damage: If road damage is proven to be a result of pit traffic, pit operator will be responsible for repairs.
· Pit will start approximately half way up the hill and go below existing grade. By starting there, the view of the
Bayfield County Planning / Zoning Committee Public Hearing / Meeting – Dec. 21, 2006
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operation will be reduced from Maple Ridge and the homes in the vicinity.
· Maximum of 5 open acres, but plan on 23 open at a time. Pit operator will reclaim acres as they go so no
more than 5 acres are open or not reclaimed at one time.
· Town of Kelly can take sand at no cost for township owned and maintained projects up to 5,000 yards per
year. For example: Town can get free sand for fill when building a new garage, ice control in the winter and
similar town related items. Township will be responsible for their own loading and transportation of sand. They
will be required to report annually by the December town meeting to inform pit owner how many yards were
removed.
L.U.S. Tulowitzky: reviewed original / current request on overhead and map and identified proposed area to be mined /
disturbed.
Kastrosky read Town of Kelly’s disapproval: “Land Use Plan specifies development on the outer edges of the town and
concerns about damage to roads due to extra traffic.” Kastrosky compared the Town’s reason for recent approval of
Nels Ritola’s nonmetallic mining pit with their statement as follows: “Meet[s] our needs for the Town of Kelly.
Conditions include attached proposal.” Kastrosky asked if the Ritola pit is on the outer edge of the Town. Rowley
answered, “no”. Kastrosky reported Rowley is willing to maintain the road.
Tulowitzky reported he attended Town meetings (Sept., Nov., Dec. 2006); three supervisors signed Town input form in
“disapproval” however actual vote cast was two ‘deny’ and one ‘abstain’; abstaining supervisor then signed the form
under ‘disapproval’. Tulowitzky said one supervisor told him his vote for denial was the reason stated on the [Rowley]
TBA form; he denied Ritola’s request for the same reason; he did not want the responsibility for determining who
damaged roads.
Support: None
Opposition:
· Chris Duke, John Wheeler, Eileen McCutcheon (Kelly) Concerns: number of trucks due to commercial pit
vs. Ritola’s smaller venture; children’s road safety / traffic issues; runoff from septic spraying. (McCutcheon
read email from James P. Hansen, DNR.)
· Bill Hess, (Kelly) Concerns: manner in which Ritola and Rowley requests were handled at Town level; the
‘unknowns’ w/ commercial scope of pit.
· Eliz. Seefeldt, Kelly: Requested Committee honor the approx. 20 opposition letters and Town’s denial.
Concerns: projected size/scope; no tree buffer provision; potential for water contamination w/ dual use of
property (sanitary spreading / sand pit).
· Jeff McCutcheon (Kelly) read / presented letter for file from Town of Kelly Chairman, Larry Fox, stating
reasons for denial.
Director Kastrosky reminded the Committee it was their directive previously to refer Rowley’s request back to the Town
of Kelly for reconsideration as a scaleddown operation.
Rebuttal:
· Ms Rowley: clarified DNR regulations; spreading on sand; necessary treatment of septic waste; differences in
materials in two pits (Rowley / Ritola).
3:00 PM Chairman Beeksma called for a break. Motion by Jardine, second by Miller, to temporarily adjourn the
Public Hearing; carried 4 yes / 0 no.
3:07 PM Motion by Rondeau, second by Jardine, to reopen the Public Hearing; carried 4 yes / 0 no.
Supervisor Jardine said he usually ‘goes along’ with Town decisions but he doesn’t see the difference between the two
Kelly gravel pit requests [Rowley / Ritola].
· Motion by Jardine, second by Rondeau, to approve the Rowley conditional use permit gravel pit with
conditions as proposed:
[Note final amended motion]
· Road Damage: If road damage is proven to be a result of pit traffic, pit operator will be responsible for
repairs.
· Pit will start approximately half way up the hill and go below existing grade. By starting there, the view of
the operation will be reduced from Maple Ridge and the homes in the vicinity.
· Maximum of 5 open acres, but plan on 23 open at a time. Pit operator will reclaim acres as they go so no
Bayfield County Planning / Zoning Committee Public Hearing / Meeting – Dec. 21, 2006
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more than 5 acres are open or not reclaimed at one time.
· Town of Kelly can take sand at no cost for township owned and maintained projects up to 5,000 yards per
year. For example: Town can get free sand for fill when building a new garage, ice control in the winter
and similar town related items. Township will be responsible for their own loading and transportation of
sand. They will be required to report annually by the December town meeting to inform pit owner how
many yards were removed.
Discussion: Kastrosky reminded the Committee that the issues covered in the motion are to be for the gravel pit only,
not to include the Rec. Plan. Kastrosky was also concerned about the possible ramifications of the last condition re no
cost to the Township for sand [paragraph highlighted above]. It was also noted that hours of operation were not
included in Jardine’s motion. Jardine stated he intended to include hours but neglected to read it from the proposed
condition list.
AMENDED MOTION:
· Jardine amended his motion, seconded by Rondeau, to include hours of operation as a condition, and
to delete the Applicant’s last proposed condition pertaining to free sand for the Town of Kelly; motion
carried 4 yes / 0 no to approve with the following conditions:
1. Hours of operation of Monday – Friday 7:00 AM to 6:00 PM; Saturday 7:00 AM to 12:00 PM.
2. If road damage is proven to be a result of pit traffic, pit operator will be responsible for repairs.
3. Pit is to start approximately half way up the hill and go below existing grade in order to reduce the view
from Maple Ridge and homes in vicinity.
4. Maximum of five (5) open acres; pit operator will reclaim acres as they go so no more than five (5) acres
are open or not reclaimed at one time.
Reclamation Plan:
Director Kastrosky reviewed reason for the adjusted agenda (receipt of ABDI Land Conservation Rec Plan was
delayed). He noted it is the Zoning Committee’s duty to approve the Rec. Plan and it must be considered separately
from the conditional use request. Committee consensus: they had ‘no problem with the Rec. Plan as it is already
approved by the experts. After a question from the audience, Kastrosky reviewed the series of events addressed for
rec. plan approvals.
· Motion by Rondeau, second by Miller, to approve. Motion amended by Rondeau, seconded by Miller, to
approve contingent on receipt of financial assurance. Carried 4 yes / 0 no.
C. TODD VERNON REZONE REQUEST from Forestry1 (F1) to Agricultural1 (Ag1) on 40acre parcel (ID#
002104109), described as the SW¼ of the SE ¼, Section 31, Township 48 N, Range 5 W,Town of Barksdale.
Motion by Miller, second by Rondeau, to approve pending Town Board Approval; carried 4 yes / 0 no.
D. TODD VERNON REZONE REQUEST – from Forestry1 (F1) to Agricultural1 (Ag1) on 40acre parcel (ID#
002104110), described as the SE ¼ of the SE ¼, Section 31, Township 48 N, Range 5 W, Town of Barksdale.
Motion by Rondeau, second by Jardine, to approve pending Town Board Approval; carried 4 yes / 0 no.
Agenda Review and Alteration
E. BOB BREVAK (dba B & B Logging), OWNER, / JEANNETTE & MICHAEL LANG, AGENTS SPECIAL USE
REQUEST – Hobby Farm (24 horses, 24 alpaca, some chickens, 6 sheep) [tabled 11/16/06] located on a 23
acre parcel (#022107003) in Govt. Lot 4, Section 26, Township 47 N, Range 9 W, Town of Hughes.
Kastrosky reviewed Item E.: approved Nov. 2006 contingent upon Town Board approval; approval was for only two to
four horses, no other animals. When placed on the Dec. agenda it was incorrectly listed with additional animals (per
original request). Kastrosky read the Town conditions: limit of four horses, nontransferable, meet all stormwater
runoff plans before horses, review every two years, proper fencing, and change driveway to meet Town’s
approval by Sept. 2007.
Bayfield County Planning / Zoning Committee Public Hearing / Meeting – Dec. 21, 2006
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Agent Michael Lang questioned the time table for review. Kastrosky stated the Town form asked for review every two
years. Supervisor Rondeau suggested: review two years from the issuance date only, if no problems exist, no re
inspections are necessary.
Motion by Miller, second by Rondeau, to approve the special use permit, with the following conditions:
1. Onetime inspection is required in two years from issuance date
2. Limited to four horses
3. [permit] Is nontransferable
4. Must meet all stormwater runoff plans before horses
5. Requires proper fencing
6. Must change driveway to meet Town’s approval by Sept. 2007
Motion carried, 4 yes / 0 no.
F. BAYFIELD COUNTY ECONOMIC DEVELOPMENT CORPORATION – RE Proposed Changes to Current
Signage Ordinance:
Representatives (John Hamilton and Marian Vaughn) from Bayfield County Economic Development Corp. spoke
regarding needs (preserve scenic beauty / adequate signage for businesses). Discussion held on various proposals /
changes. Kastrosky suggested: more refining before bringing back as public hearing petition to amend the ordinance;
that Travis Tulowitzky assist BCEDC; will bring back Feb. 2007. It was noted this draft work will be paid for by BCEDC.
G. CITIZEN CONCERNS / INPUT:
· Eileen McCutcheon questioned appeal process; Kastrosky explained the process; McCutcheon asked about
Rowley’s bonding; Kastrosky explained no bond was required.
· Jon Wheeler: expressed opposition to Committee’s approval of the Rowley conditional use.
H. DISCUSSION / POSSIBLE ACTION NR115 REWRITE UPDATE:
· Kastrosky reported this has been postponed until Feb. 2007.
I. OTHER ITEMS THAT MAY COME BEFORE COMMITTEE (Discussion Only):
· Update by Kastrosky: Neil Schultz and Wayne Nelson cases expected to be on Feb. 2007 agenda.
· Beeksma will be absent at Feb. meeting.
· Kastrosky plans to reassign some Dept. duties and will keep Committee informed.
11. MONTHLY REPORT: Motion by Jardine, second by Rondeau to approve; carried
12. ADJOURNMENT: Motion by Rondeau, second by Miller to adjourn at 3:40 PM; carried.
Karl L. Kastrosky, Planning / Zoning Director
Bayfield County Planning / Zoning Dept.
Prepared by MJJ on 01/07/07
Approved by KLK 01/17/07
cc: Administrator; Clerk; Corp.Counsel; DNR; Committee; Supervisors
K/ZC/Minutes/2006/Dec