HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/19/2015
Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MARCH 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]
6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the February
19, 2015 meeting.
Jardine motioned to approve, Strand seconded. No further discussion. Motion
carried.
7. Public Hearing:
A. Bayfield County, Owner & Mark Abeles-Allison, Agent (Eileen) – animal
boarding facility [a 8.12-acre parcel (Tax ID #15580), described as SE ¼ of the
NW ¼ Lying North and West of State Hwy 137, Section 11, Township 47 North,
Range 5 West, Town of Eileen, Bayfield County, WI]
No one spoke in support or opposition.
File Report: Schierman stated the county has been working with the humane
society to identify a piece of property to establish an animal boarding facility and
would like approval before sale of the land. Strand asked if there is town board
approval. Schierman answered no they are having a meeting with the
comprehensive plan committee on April 7th and Town Board will hear it on April
14th.
Discussion ended.
B. Boulder Point LLC, owner & Craig Haukaas, agent (Russell) – reclamation
plan [a 40-acre parcel (Tax ID #29359), described as SW ¼ of the SE ¼ Section
26, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
Craig Haukaas spoke in support stating the conservation department had
questions they worked with Becker Hoppe and the plan is in order and questions
have been answered.
Joe Mrowca, adjoining property owner, expressed his concerns about pollution
of the soils. One thousand dollars per acre is nothing if the land is polluted. If the
company goes bankrupt who would clean up the parcels, could only assume the
land owners would be responsible.
File Report: Schierman stated land and water conservation department
received the reclamation plan and revision on 3/16/2015 and reviewed and
approved on 3/16/2015 contingent upon financial assurance.
Discussion ended.
C. Boulder Point LLC, owner & Craig Haukaas, agent (Russell) – non-metallic
mine [a 40-acre parcel (Tax ID #29359), described as SW ¼ of the SE ¼ Section
26, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Craig Haukaas spoke in support (handed papers to the committee members,
from supporters of the project), this is a request for a 25 year permit with a 25
year renewal, with conditions. The town was in support of this application. Why
25 years, because it will bring down the cost of the sand and gravel if calculated
over 25 years. This is a perfect location for a pit, it will front on highway 13 and is
accessible from highway 13 so there are no town roads to travel on. The town is
one of the major users of this pit and supports it.
Wayne Nelson spoke in support explaining he is a neighboring property owner
and land developer. He thinks this is a good place for the pit and he would still
develop the land around the pit if this is approved. Just like the Mathey pit that
constructed a golf course around their pit. This is a good fit and location.
Joe Mrowca explained he does not own a lot of land like Mr. Nelson he only
owns 40 acres and this project would deprive him of any potential increase in
value of his property if he cannot develop his land or cut trees.
File Report: Schierman explained there is one letter in the file from Mike
Wenholz, DNR, who identified poorly drained soils on the GIS map and wants to
ensure that the applicant will comply with shoreland wetland ordinance including
no building, filling, grading of wetlands. Schierman printed out the Wisconsin
Wetland Inventory map and noted the map does not show any wetlands or spot
wetlands. Was out there in February and there was little snow but no indicators of
presence of wetlands.
Bussey asked Mr. Mrowca where his property was located and the answer was
southeast of the pit. Asked what the current condition of his property is and the
answer was, forested. Asked what it is zoned, Schierman answered Forestry 1.
Discussion ended.
8. Adjournment of Public Hearing:
Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
Jardine made a motion to adjourn, Pocernich seconded. Motion carried.
Adjourned at 4:16 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:16 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. Business:
A. Bayfield County, Owner & Mark Abeles-Allison, Agent (Eileen) – animal
boarding facility [a 8.12-acre parcel (Tax ID #15580), described as SE ¼ of the
NW ¼ Lying North and West of State Hwy 137, Section 11, Township 47 North,
Range 5 West, Town of Eileen, Bayfield County, WI]
Bussey motioned to table until next month. Jardine seconded. No
further discussion. Motion carried.
Bussey asked the difference between tabled and postponed and asked
that Schierman look into the difference and which would be the better motion.
B. Boulder Point LLC, owner & Craig Haukaas, agent (Russell) – reclamation
plan [a 40-acre parcel (Tax ID #29359), described as SW ¼ of the SE ¼ Section
26, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Bussey asked why does the committee look at the reclamation plan first then the
application, Schierman answered that the state and the county has requirements
that they are address separately. Schierman added the reclamation plan was
reviewed and approved contingent upon financial assurance March 16, 2015 by
Travis Tulowitzky. Bussey asked what is required as financial assurance;
Schierman answered $1,000/acre provided by personal check, assurance bond,
or letter of credit. The reclamation plan is good for the time they initiate the pit to
the time they reclaim and most pits reclaim as they go. Bussey asked if the plan
covers the 50 year lifetime of the pit. Schierman stated that in geologic time
there should not be much change in soils. The end reclamation plan can still be
achieved in that time frame. Bussey asked if rec plans address the end result not
how long the pit will be open, answer was, correct. Bussey asked in what time
frame do they have to reclaim, Schierman stated most operators reclaim as they
go because fees are based on open and active area of the pit.
Jardine motioned to approve. Strand seconded. No further discussion.
Motion carried.
C. Boulder Point LLC, owner & Craig Haukaas, agent (Russell) – non-metallic
mine [a 40-acre parcel (Tax ID #29359), described as SW ¼ of the SE ¼ Section
26, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI]
Rondeau stated that 25 years is too long and would like to see only 10 years and
then come back for another approval. Schierman stated the town board
Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
approved this application “including storage of material, crushing and temporary
hot mix and/or concrete plant be approved as presented for 25 years of operation
with a provision that an additional 25 years be allowed based on the reasons
afforded in the initial 25 year permit and applicable rules in place at the time of
renewal. Conditions specifically required for this recommendation of approval are
as follows: 1] all access to the site for operations of a non-metallic mine and
transport of materials from the site will be from the site to State Highway 13. 2]
No crushing operations will be performed on Sundays and Federal Holidays.
Motion carried”. Jardine asked about times, Schierman answered there was not
time stated. The town of Russell just requested that their pit be open at 6 so the
operators are not waiting. Bussey asked if Schierman was satisfied that there
are no significant wetland issues. Schierman stated when he was on site it was
all sand and former beach. Did not observe wetland characteristics. Pocernich
agrees with Rondeau about the time, he also does not like the fact that there is a
hot mix plant. This should have to come back and get reviewed each time
because those are different operations and recommend that be eliminated.
Bussey agrees with the 10 year duration. Rondeau asked if the permit mentions
black topping, Schierman answered the application is for a non-metallic mine
operation that incudes storage of materials, crushing temporary hot mix plant and
concrete. Rondeau asked when they want to do hot mix.
Bussey motioned to suspend rules and allow public comment. Jardine
seconded. No discussion. Motion carried.
Haukaas stated the length of the permit was worked out with town and will allow
for lower prices of the material over 25 years. If there is ever anything that is not
done properly this operation can be shut down. The hot mix is a separate
approval through the committee. Would like to be able to say that they are
already approved for a hot mix plant through the County. Pocernich does not
agree with that and asked Schierman if that is correct, that the hot mix plant
needs to come to the committee for approval, and the committee needs to be
able to approve this. If it is allowed now, they would could come and say, well the
committee already Ok’d it. Schierman answered it is not uncommon to approve
non-metallic mine sites with hot mix plants right away. Pocernich asked how
many the County has. Schierman could not answer the question at that time but
answered this is so when contractors come up they know where the approved
locations are. Forestry has one, Mr. Nelson has one. This is not uncommon to
approve. Pocernich stated that if they want a hot mix plant they do not need to
come to the County for approval, Schierman stated, exactly. Pocernich does not
agree with that and would like them to come in front of the committee for
approval.
Bussey motioned to approve conditional use permit for a non-metallic
mine operation including storage of materials and crushing only for a 10 year
period with the conditions recommended by the Town of Russell (Towns
conditions: 1] all access to the site for operations of a non-metallic mine and
transport of materials from the site will be from the site to State Highway 13. 2]
No crushing operations will be performed on Sundays and Federal Holidays).
Pocernich seconded. Strand asked about hours of operation. Schierman
stated most are 6 AM to 6 PM no Sundays or Holidays. Bussey stated that is ok
to add to his motion. Pocernich seconded. Jardine stated he does not like the
Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
10 year limit. The town approved 25 years. No further discussion. Motion
carried.
Agenda Review and Alteration
D. Adrien Cady (Barksdale) – residence and garage in commercial zone [a
1.36-acre parcel (Tax ID #85), described as Lot 2 of CSM #502 in V.3 P.337
(Located in Govt Lot 4), Section 18, Township 48 North, Range 4 West, Town of
Barksdale, Bayfield County, WI]
Schierman explained this is a multi-step process. Recently rezoned property to
Commercial to operate his business. Part of the property is residential use.
Would like to rent out to another family this is an application for a house in
commercial with a garage. Rondeau asked if there were any issues. Croonborg-
Murphy stated it is an existing use. There was just approval for the one garage to
be commercial for a business; the house and other garage are being rented out
as residential. Pocernich stated that the town did review and this does fall under
the comprehensive plan. Jardine asked about the letter. Schierman stated there
is a letter from Bernard Larson urging the committee to disapprove that this may
be an eyesore. Croonborg-Murphy stated he may be speaking about the
commercial use of the property which is not under review right now. That was
already approved. Pocernich added that the comprehensive plan calls for
commercial use along the highway for easy access.
Bussey motioned to approve, that it is consistent with the comprehensive
plan and towns’ recommendation. Jardine seconded. Pocernich asked if he
should abstain. Rondeau stated no. No further discussion. Motion carried.
E. Joseph & Sarah Zuelke (Iron River) – hobby farm (crops, sheep, goats,
chickens and cows) [a 17-acre parcel (Tax ID #35687), described as N 745’
FRAC NW ¼ of the NW ¼ Section 30, Township 47 North, Range 8 West, Town
of Iron River, Bayfield County, WI]
Schierman stated the town asked that the committee table. The plan commission
had questions that Mr. Zuelke was not in attendance to address and they have
written a letter asking for additional time to address questions they have.
Pocernich motioned to table until next month’s meeting or until
recommendation form the town is received. Strand seconded. No further
discussion. Motion carried.
12. Other Business
F. Committee member discussion(s) regarding matters of the P & Z Dept.
Rondeau stated that next month’s meeting there is a conflict of interest and
asked that they meet at 1 PM. Committee agrees that meeting will be at 1 PM on
April 16, 2015.
13. Monthly Report
Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 19, 2015
Ahead by $30,665 in fees from last year. There is one less land use and eight
more sanitary than last year.
Pocernich motioned to receive and place on file, Jardine seconded. No
further discussion. Motion carried.
G. Chairman Rondeau announced:
The Bayfield County Planning and Zoning Committee will 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
public employee over which the governmental body has jurisdiction or exercises
responsibility.
The public and office staff was asked to leave the board room. Director
Schierman and Office Manager Deb Kmetz were allowed to stay.
Motion to Move into Closed Session:
Motion made by Pocernich, seconded by Bussey @ 4:49 PM to go into Closed
Session to discuss personnel matters in accordance with 19.85 (1)(c) to proceed
with Performance evaluation and personnel consideration of a major job
description change/position. Motion Carried 5/0. Jardine-Yes, Bussey-Yes,
Pocernich-Yes, Rondeau-Yes, and Strand-Yes.
Motion to Move out of Closed Session:
Motion made by Jardine, seconded by Strand @ 5:14 PM to move out of Closed
Session. Motion Carried 5/0. Jardine-Yes, Bussey-Yes, Pocernich-Yes, Rondeau-
Yes, and Strand-Yes.
14. Adjournment
Rondeau called adjournment at 5:14 pm.
Prepared by KMH on 3/20/2015; given to RDS 3/20/2015
Approved by RDS on 4/16/2015
Sent to ZC on 4/16/2015
Final Approval on 4/16/2015
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2015/#3 March