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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 4/17/2014 Page 1 of 4 ZC Planning and Zoning Public Hearing and Meeting – April 17, 2014 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING APRIL 17, 2014 1. Call to Order Planning and Zoning Committee Meeting: Schierman called the meeting to order at 4:00 pm. 2. Roll Call: Pocernich, Strand, Bussey and Rondeau – all present. Jardine – Absent. A. Election of Chairman Bussey nominated Rondeau for chairman. Pocernich seconded. Motion carried. B. Election of Vice-Chairman Bussey nominated Jardine for Vice-Chair. Pocernich seconded. Motion carried. 3. Adjournment of Planning and Zoning Committee Meeting Pocernich made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:05 pm. 4. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:05 pm. 5. Roll Call: Pocernich, Strand, Bussey and Rondeau – all present. Jardine – Absent. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak-AZA, and Krystal Hagstrom - Secretary 6. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 7. Review of Meeting Format – Chairman Rondeau explained the procedure of the meeting. He asked everyone who wished to speak to fill out a form; and stated they will be asked to come forward and speak into the microphone. 8. Public Hearing: A. Mark & Kathleen Rasmussen (Cable) – reclamation plan [a 5.09-acre parcel (Tax ID #9651), described as part of the SE ¼ of the NE ¼, Section 24, Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI] Furtak did not speak in favor or against the proposal, would like the Committee to know this is an existing reclamation plan, already on file, been approved by the Land and Water Conservation Department. This is a renewal of the conditional use permit so at this time we review the reclamation plan in case there are any Page 2 of 4 ZC Planning and Zoning Public Hearing and Meeting – April 17, 2014 changes. Rondeau added this is the same area that the pit has been operating for the past few years. No one spoke in support or opposition. File Report: Schierman stated original plan was submitted and reviewed in 2004, re-reviewed in 2006, and again most recently by Travis Tulowitsky of the Land and Water Conservation Department on April 3, 2014, he states it has been rechecked and approved contingent upon financial assurance. Strand would like to know about the financial assurance part of the plan. Schierman stated it was submitted with the renewal portion. He has assurance for the existing portion up till now, and this will be renewed with the pit. Furtak added that assurance is usually $1000/acre, unless the end use is going to be something that is more involved and cost more money to do. His end use is basically to restore the slopes, re-vegetate the land, and then he is going to use it as a shop. Mark Rasmussen has an excavating business that in the future he would like to store his equipment there and have his business front on Hwy 63. Right now he runs his business off of Cable Sunset Rd which is off the beaten path. Schierman added that the financial assurance will come in the form of a surety bond, personal check, or a letter from the bank guaranteeing funds and the County would have access to these funds at $1000/acre. Strand asked of those three, when this happens, he trusts this comes before the permit is issued. Schierman, correct and annually we have that surety bond, or a letter from the bank, or the operator may write a personal check. There is annual permitting through the DNR. Furtak also stated there is annual permitting through the DNR, NR 135 due by March 1st and at that time they have to pay financial assurance. This is a request to continue the use on the property. He has already obtained the DNR (NR 135) permit, and financial assurance. He is getting his conditional use permit re-approved prior to its expiration. Bussey asked what form his financial assurance is in. Furtak & Schierman stated a surety bond. Discussion ended. B. Mark & Kathleen Rasmussen (Cable) – continue operating existing non- metallic mine [a 5.09-acre parcel (Tax ID #9651), described as part of the SE ¼ of the NE ¼, Section 24, Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI] No one spoke in support or opposition. Furtak this is to renew existing pit. This pit is located South of the Rasmussen Brothers pit, which is part of the Rasmussen Bothers plumbing business on Hwy 63. There is still material there that they can mine, he uses it for his trucking and excavating business, whereas the other pit is used for the plumbing business. Rondeau explained this is the pit behind the big hill South of Town, and he does not intend to take down that big hill. Bussey asked when the permit was originally issued. Schierman answered 2002 was when the reclamation plan was filed. Bussey asked if there have been any problems or issues. Schierman corrected his self and stated 2004 it was submitted and there have been no issues. Furtak agreed. Bussey asked how long he is seeking to extend it, Furtak answered 10 years. Rondeau stated according the conversation he had with Rasmussen, the Town said 5 years, Rasmussen said 5 years is cutting it close but in 10 years he could have the reclaim done and the Committee wouldn’t have to see him back in 5 years. There are no complaints and no issues. Bussey asked if he stated how long he would like it open. Furtak stated 10 years. This is the third time we have heard this Page 3 of 4 ZC Planning and Zoning Public Hearing and Meeting – April 17, 2014 since Furtak was hired. He does intend to go through the material as quickly as possible cause he would like to relocate his business there. Bussey are there any conditions on the conditional use at this point. Rondeau stated he is sure there are conditions on days of use and times of use. Schierman stated he does not have the previous permit in the file. Rondeau and Furtak explained they only crush one week out of the year and with the hill there you can’t hear it. File Report: Schierman stated there is Town Board Approval and they have checked it with the Town’s comp plan. No letters of support and no letters of operation. Discussion ended. 9. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:16 pm. 10. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:16 pm. 11. Roll Call: Pocernich, Strand, Bussey and Rondeau – all present. Jardine – Absent. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak, AZA, and Krystal Hagstrom - Secretary. 12. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the March 20, 2014 meeting. Pocernich motioned to approve, Rondeau seconded. No further discussion. Motion carried. 13. Business: A. Mark & Kathleen Rasmussen (Cable) – reclamation plan [a 5.09-acre parcel (Tax ID #9651), described as part of the SE ¼ of the NE ¼, Section 24, Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI] Bussey asked why the reclamation has to be first and not the continuing use. Schierman explained there cannot be an approved continuing operation unless there is an approved reclamation plan on file. Pocernich motioned to approve the reclamation plan. Bussey seconded. No further discussion. Motion carried. B. Mark & Kathleen Rasmussen (Cable) – continue operating existing non- metallic mine [a 5.09-acre parcel (Tax ID #9651), described as part of the SE ¼ of the NE ¼, Section 24, Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI] Bussey motioned to approve the conditional use permit for a period of ten years subject to the same condition proposed by the original conditional use permit and any conditions proposed since then. Pocernich seconded. (At this Page 4 of 4 ZC Planning and Zoning Public Hearing and Meeting – April 17, 2014 point Pocernich went through the 17 decision making points with Bussey). Bussey asked if Furtak and Schierman reviewed the application with whether or not it meets the conditions for a conditional use permit. Furtak answered yes, there has been nothing brought forward, or any arguments that it doesn’t in any way, so in his opinion it does meet the criteria. Schierman also stated that it met the review process of the Town comprehensive plan commission and they approved based on the review of their plan. Bussey asked Schierman that it is his judgment that it meets the criteria, answer was yes. Bussey amended his motion, that it meets the criteria for issuance of the conditional land use permit and therefore extend the permit for 10 years subject to any previous conditions imposed (conditions from previous permit: Reclamation plan be implemented. Hours of Operation 8 AM to 6 PM). Pocernich seconded. No further discussion. Motion carried. 14. Monthly Report Schierman stated at this time there is one less land use permit than last year. 33 land uses issued this year and 34 last year. Sanitary are slower this year, there are 4 issued and 13 last year. We are behind $5450.50 from last year in regards to fees collected. Bussey motioned to receive and place on file, Pocernich seconded. No further discussion. Motion carried. 15. Adjournment Rondeau called adjournment at 4:30 pm. Prepared by KMH on 4/21/2014; given to RDS 4/21/2014 Approved by RDS on 4/21/2014 Sent to ZC on 4/22/2014 Final Approval on 5/15/2014 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2014/#4 April