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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 2/19/2015 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING FEBRUARY 19, 2015 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak-AZA, and Krystal Hudachek - Secretary. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 4. 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. 5. Public Comment – relevant affairs to be addressed towards Planning and Zoning Committee [ 3 minutes per citizen] No public comment. 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the December 18, 2015 meeting. Jardine motioned to approve, Bussey seconded. Strand noted that he cannot find the minutes in drop box and the minutes were emailed to him. He would like to know if the minutes can be found in drop box now. Bussey stated he will second on Strand’s representation. No further discussion. Motion carried. 7. Public Hearing: A. Ronald Smith (Drummond) – rezone F-2 to F-1 [a 0.31-acre parcel (Tax ID #33924) described as CSM# 983, Section 35, Township 45 North, Range 8 West, Town of Drummond, Bayfield County, WI] No one spoke in favor or opposition. Furtak explained to the Committee the applicant applied for a new septic system, upon review it was found that the system and part of the house was in an area zoned F-2. When the property was purchased it was not required to be surveyed. The house was built across property lines. Now the owners have purchased land from the Forest Service which needs to be rezoned. Once this is corrected the permit for the septic system can be issued. Jardine asked how many feet it was. Schierman answered 0.31 acres. Bussey asked if the Town has reviewed this. Schierman answered yes they approved and reviewed with the Town comprehensive plan. File Report: Schierman stated nothing else in the file. Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 Discussion ended. B. G.L. Sandstrom Enterprises LLC, owner and George Sanstrom, agent (Lincoln) – reclamation plan [a 80–acre parcel (Tax ID# 22932 and 22959) described as the SW ¼ of the NE ¼ and the NW ¼ of the SE 1/4 , both in Section 27, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] George Sandstrom spoke in support explaining he has been operating this pit for ten years. Originally there were three, forty acre parcels covered by this reclamation plan. There was a change of ownership, now there are only two forty acre parcels so there had to be an amendment to the reclamation plan. Bill Kurtz from Chequamegon Bay Engineering was hired to amend the plan and it has been forwarded to Land and Water Conservation for review and it is on file. James Erickson, resident of the Town of Lincoln and currently an above ground certified miner for State of Wisconsin, spoke in support of the reclamation plan and that is has progressed tremendously throughout the years. It has contoured all the previous damage to the mine and works with the current town use plan. Mark Dryer, Town Clerk for the Town of Lincoln, spoke in support explaining the Town requested that it be tabled for reasons that the amended plan was brought to the town the night of the meeting so there was no time to review the plan. The amended plan where it states “the reclamation of the pit was certified complete” is a misstatement. The town does support the new plan and how it will go about reclaiming, but there is an issue on how it is defined, there needs to be more specifics. File Report: Schierman stated there is a correction to the plan that was revised on February 19, 2015, stating: mining operations to be completed in the eastern parcel and the area has been graded as outlined as in the original plan and seeding to be done in the spring of 2015 due to unsuccessful germination of original seeding. Reviewed by Land Conservation Department and approved contingent upon financial assurance. Discussion ended. C. G.L. Sandstrom Enterprises LLC, owner and George Sandstrom, agent (Lincoln) – continue existing non-metallic mine [a 80–acre parcel (Tax ID# 22932 and 22959) described as the SW ¼ of the NE ¼ and the NW ¼ of the SE 1/4 , both in Section 27, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] George Sandstrom spoke in support, he operated this pit for the past ten years; it has expired and would like to continue operation. Sold gravel, sand, and stone to the Town of Lincoln, it is located about a half a mile from the town garage. Would like approval to be able to operate in the same fashion, this is not a new gravel pit; this has been in existence for the past 60 years. All other permits and fees are in place. Bussey asked if this permit was delayed for another month at the Towns request how would this impact the applicant. Sandstrom answered it would be an inconvenience as he lives 7 hours south and that would require another trip up. Would like to be up and running by spring for the products to be Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 available. This would cramp the time frame. He does not know of any complaints or concerns at this time. Furtak asked how the pit was obtained. Sandstrom answered that this pit was being operating in violation by a relative. He was invested ten percent to get the tax bills paid so it would not be lost, so his name became part of the inappropriate use of the property. Permits were paid and filled out to get the pit into compliance. Recently he purchased the property from his relative. It was hard to track him down and that is the reasoning the pit has been inactive for one year. James Erickson, spoke in support, stating the products in this pit have been suitable for many local projects, including other Towns, Forestry, and DNR who have successfully completed a culvert project. All entities are in compliance with all DNR and MSHAW regulations for operating this mine. Mark Dryer, Town of Lincoln, spoke in favor stating there is a good working relationship with George and the Town, but the Town has requested at least another month to evaluate the reclamation plan. There was a letter submitted February 12th and another submitted February 18th. The Town tabled the application reasons being: 1. needs to be reviewed with comp plan as well as the reclamation plan. 2. Mined area is within a natural resource protection area. 3. Gravel pits are delicate issues and would like to obtain public input. 4. There is no term limit. 5. Mining, crushing, and hauling is not defined and need to be managed. Strand asked if the Committee chose to give one month more time will the Town assure the Committee they will have a complete answer. Dryer assured Strand that he would do his best to have an answer. Sandstrom rebutted stating he is a little confused and believes that the rec plan that was approved and on file, what input does the town have on that process. He went through the appropriate steps and rules to have the rec plan approved. Concerned about the letter written that the author has little or no knowledge about the process stating that it was poorly written and no intelligent questions one question asking if there is going to be water, restrooms, and parking spaces. Why would a gravel pit have any of these? Many of the questions insult the process, for instance, is there a reclamation plan? Is there any study? Is there a conditional use permit granted by the Town? Simply in the business to comply with the rules and produce some gravel for the town. Jardine asked if the process is that the Land and Water Department reviews and approves the plan. Schierman stated yes and it is approved by the standards of the state. File Report: Schierman stated there is a town board approval form where they recommended to table, did not review with town plan and attached a letter stating for the record the Town tabled this item. Schierman read the letter that Dryer had already stated earlier in the meeting. There is also a letter from Barb Robertson who is concerned about the quality of the material, dust, and damage to roads. Letter from the DNR, Bruce Moore, stating the gravel permit had coverage under the State industrial stormwater permit for nonmetallic mining operations. The proposed expansion may or may not have been identified previously. There are also concerns about the wood turtle. Discussion ended. 8. Adjournment of Public Hearing: Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 Pocernich made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:37 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:37 pm. 10. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak, AZA, and Krystal Hudachek - Secretary. 11. Previous Business July-A. Jacob Obletz/Jolee Walker (Kelly) – 2 principle structures on a parcel (contingently approved 7/17/2014-pending TBA) [a 40-acre parcel (Tax ID #21408) described as the SW ¼ of the NW ¼ of Section 26, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman explained this was approved by Committee contingent upon Town Board approval, when the TBA came in there were conditions placed. Approved with the condition that the structure be removed when no longer inhabited as per the land use commission recommendation and the owner is ok with the condition. Strand motioned to approve with conditions from the Town. Bussey seconded. No further discussion. Motion carried. 12. Business: A. Ronald Smith (Drummond) – rezone F-2 to F-1 [a 0.31-acre parcel (Tax ID #33924) described as CSM# 983, Section 35, Township 45 North, Range 8 West, Town of Drummond, Bayfield County, WI] Bussey motioned to approve based on consistency with the Town Comprehensive plan, recommendation of the Town Board, and generally the facts indicating this resulted from an anticipated encroachment and consistent with the zoning objectives. Pocernich seconded. No further discussion. Motion carried. B. G.L. Sandstrom Enterprises LLC, owner and George Sandstrom, agent (Lincoln) – reclamation plan [a 80–acre parcel (Tax ID# 22932 and 22959) described as the SW ¼ of the NE ¼ and the NW ¼ of the SE 1/4 , both in Section 27, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] Pocernich motioned to accept the reclamation plan. Jardine seconded. No further discussion. Motion carried. C. (G.L. Sandstrom Enterprises LLC, owner and George Sandstrom, agent (Lincoln) – continue existing non-metallic mine [a 80–acre parcel (Tax ID# 22932 and 22959) described as the SW ¼ of the NE ¼ and the NW ¼ of the SE 1/4 , both in Section 27, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 Strand motioned to table. Bussey seconded. Bussey stated it would be better to postpone. Schierman stated it would be better to table then the department would not have to re-notice it. Bussey motioned to suspend rules to and allow discussion. Pocernich seconded. No further discussion. Motion carried to allow discussion. Bussey explained that he is sympathetic to Sandstroms’ concerns and sounds like he is in good faith just simply seeking renewal, we solicited town input and give it good deal of weight and go along with recommendation and is in support of giving the town another month. Instead of having Sandstrom driving up here next month maybe he can be available by phone. Rondeau agrees that if there is a positive feedback from town then Sandstrom can be available by phone. Jardine stated there needs to be more definite reasons why it was tabled. Pocernich stated that the letter from Barbara Robertson that has concerns about the quality of the product, that has nothing to do with this committee and agrees that he weighs heavily with what the town board says. Why was the comp plan commission dissolved? Croonborg-Murphy made a comment that approving contingent upon town board approval may have to come back as a procedural thing as in the Obletz case that was just heard. Roll Call Vote: Strand – yes, Rondeau – No, Pocernich – No, Jardine – No, Bussey – Yes. Motion Fails. 3/2 Pocernich motions to approve the non-metallic mine. Rondeau seconded. Jardine stated with town board conditions. Bussey can’t approve contingent upon town board approval. Furtak asked about duration and times. Pocernich amended motion to include 6-5, Monday – Saturday, No holidays or Sundays, for 10 years. Rondeau asked how long the pit be in existence, answer from Sandstrom, 10 years. Jardine seconded amended motion. Roll Call Vote for amended motion: Strand – Yes, Rondeau – Yes, Pocernich – Yes, Jardine – Yes, Bussey – Yes. Bussey amended motion again stating mining be excluded within 300 feet of the Marengo River. Jardine seconded. Roll Call Vote for second amended motion: Strand – Yes, Rondeau – Yes, Pocernich – Yes, Jardine – Yes, Bussey – Yes. Roll Call Vote on ordinal motion to approve with two amendments: Roll Call Vote for amended motion: Strand – Yes, Rondeau – Yes, Pocernich – Yes, Jardine – Yes, Bussey – No. Motion approved. 4/1 At this time Bussey left the meeting. 13. Other Business D. Committee Members discussion(s) regarding matter of the P & Z department. Pocernich asked what happened to UDC. Schierman stated it was put aside while dealing with CAFO. Croonborg-Murphy stated it has been placed in the ordinance. Pocernich asked how long it would take to rezone the whole county for future CAFOS? Schierman stated there is an Ag-2 district that is strictly for agricultural use. Would need buy in from all property owners. E. Chairman Rondeau announces the nature of the business: The Bayfield County Planning and Zoning Committee may entertain a motion to move in and out of Executive Session pursuant to §19.85(1)(c); (c) Considering employment, promotion, compensation or performance evaluation data of any Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 public employee over which the governmental body has jurisdiction or exercises responsibility. Jardine motioned, Strand seconded. 14. Monthly Report Schierman explained through the end of January land use is down by one permit, Sanitary is up by three permits and a total of $3,550 in fees collected. Jardine motioned to receive and place on file, Pocernich seconded. No further discussion. Motion carried. 15. Adjournment Rondeau called adjournment at 4:57 pm. Prepared by KMH on 2/23/2015; given to RDS 2/23/2015 Approved by RDS on 3/9/2015 Sent to ZC on 3/9/2015 & 3/17/2015 Final Approval on 3/19/2015 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2015/#2 February Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 19, 2015 MINUTES from Rob Thursday February 19, 2014 5:00 P.M. Committee Members: Kenneth Jardine, Fred Strand, Dennis Pocernich; Brett Rondeau; and Bill Bussey Motion to Move into Closed Session: Motion made by Pocernich, seconded by Jardine @ 4:57 PM to go into Closed Session to discuss personnel matters in accordance with 19.85 (1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Motion Carried 4/0. Motion to Move out of Closed Session: Motion made by Jardine @ 5:25 PM to move out of Closed Session; seconded by Pocernich. Jardine-Yes, Strand-Yes, Pocernich-Yes, Rondeau-Yes, and Bussey-Absent. Motion Carried 4/0. Reconvene in Open Session: 5:25 PM Adjournment: Chairman Rondeau adjourned at 5:25pm