WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING
MINUTES –MARCH 5, 2015
ON-SITE INSPECTION: The Committee made on-site inspection starting at 8:15 a.m. on the Town of Farmington Barton Cemetery property, Town of Farmington.
Chm. Penney called the meeting to order at 9:05 a.m. with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present.
D. Kussmann moved and T. Murphy seconded the motion to approve the agenda as presented. The motion was carried.
Public Comment: There was none.
PUBLIC HEARINGS:
The first public hearing was called to order at 9:08 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Town of Farmington Barton Cemetery: Located in part of the NE ¼ of the SE ¼ of Sec. 29, Town of Farmington, lying along County Highway Q, Waupaca County, Wisconsin; for a Petition for Zoning Map Amendment from an AWT (Agriculture and Woodland Transition) District to an AR (Agriculture Retention) to accommodate a sale/exchange between two adjoining property owners and to be able to meet the required minimum lot size on approximately 1.77 acres. The Committee, Ryan Brown, Planning & Zoning Director, and Jean Gliniecki, Zoning Administrator, made an on-site inspection of the property. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Ryan Brown, Planning & Zoning Director, was sworn in to testify. Mr. Brown said he is the representative for the Town of Farmington Barton Cemetery. Mr. Brown said the Town of Farmington is requesting a Petition for Zoning Map Amendment. Mr. Brown said the Town of Farmington would like to create a lot of the northern section, which is the Town Hall, for a potential sale and change of use, which requires a Petition for Zoning Map Amendment to meet the minimum lot sizes.
Chm. Penney called three times for any testimony in favor to the application. There was none
Chm. Penney called three times for any testimony in opposition to the application.
Sheri Knight was sworn in to testify. Ms. Knight said she would like to know if there are any other options for the re-zones for the Town of Farmington residents of the SR (Sewered Residential Single-Family) District.
Ryan Brown, Planning & Zoning Director, explained the request for Petition for Zoning Map Amendment for the Town of Farmington Barton Cemetery only affects that property. Mr. Brown said the Town of Farmington re-zones for the SR (Sewered Residential Single-Family) District are the next hearing.
Deb Giuffre read one (1) letter from the Town of Farmington recommending approval of the application.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
MARCH 5, 2015
Jean Gliniecki, Zoning Administrator, gave a summary of the Petition for Zoning Map Amendment request and recommended approval.
D. Federwitz moved and W. Wilfuer seconded the motion to GRANT the application for Petition for Zoning Map Amendment due to the following: The Town Board of Farmington has recommended approval of this request and it is consistent with the Town’s Comprehensive Plan. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the Petition for Zoning Map Amendment. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 9:16 a.m. The motion was carried.
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The second public hearing was called to order at 9:17 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Town of Farmington: Due to a recent revision to the Waupaca County Zoning Ordinance, it is required for all properties in the Township of Farmington that are currently zoned SR (Sewered Residential Single-Family) District to be served by a public sewer. Due to this requirement, Petition for Zoning Map Amendments are necessary for those properties that are currently zoned SR (Sewered Residential Single-Family) District that are not on public sewer to be rezoned. The Town decided that a parcel that is less than 5 acres in size are being rezoned to RR (Rural Residential) District and the lots that are greater than 5 acres in size are being rezoned to AWT (Agriculture and Woodland Transition) District. The following properties are also being rezoned: Karen Borchert from RI-G (Rural Industrial - General) District to RC-G (Rural Commercial - General) District; Samuel Hansen from RI-G (Rural Industrial - General) District to RC-G (Rural Commercial - General) District; David Kasprzyk from RI-G (Rural Industrial - General) District to AWT (Agriculture and Woodland Transition) District; and Dennis & Holly Jorgenson from SR (Sewered Residential Single-Family) District to RC-N (Rural Commercial - Neighborhood) District. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Ryan Brown, Planning & Zoning Director, gave a background history of the SR (Sewered Residential Single-Family) District in the Town of Farmington. Mr. Brown explained the Petition for the Zoning Map Amendments and the zoning classifications regarding the properties.
Chm. Penney called three times for any testimony in favor to the application.
Norbert Witkowski was sworn in to testify. Mr. Witkowski said he is in favor of not having sewer and would like the option in the future if sewer is available to hook up or keep the current septic system.
Sharon Dean was sworn in to testify. Ms. Dean said the letter sent to the residents of Farmington was unclear regarding the SR (Sewered Residential Single-Family) District. Ms. Dean said she is in favor of the zone change and asked for an explanation of the SR (Sewered Residential Single-Family) District zoning.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
MARCH 5, 2015
Ryan Brown, Planning & Zoning Director, explained the SR (Sewered Residential Single-Family) District and how it was planned in 2008, 2009 with the creation of the zoning maps and some of the areas were planned for SR (Sewered Residential Single-Family) District.
Robert Ellis was sworn in to testify. Mr. Ellis said he is President of the Chain O’ Lakes Sanitary District. Mr. Ellis said that the Chain O’ Lakes Sanitary District is not expanding. He said that during the mapping process the areas being re-zoned were labeled SR (Sewered Residential Single-Family) District as part of a parameter.
Chris Klein was sworn in to testify. Mr. Klein said he is the Chairman for the Town of Dayton. Mr. Klein said that the Town of Dayton is also correcting the SR (Sewered Residential Single-Family) District that was labeled SR (Sewered Residential Single-Family) District with the expectations of future growth.
Chm. Penney called three times for any testimony in opposition to the application.
Richard Skow was sworn in to testify. Mr. Skow said his property is located in the Sanitary District and he would like to hook up to the sanitary system in the future. Mr. Skow said he is requesting that his property remain in the SR (Sewered Residential Single-Family) District.
Ryan Brown, Planning & Zoning Director, said that Mr. Skow’s property will be removed from the Petition for Zoning Map Amendment and remain in the SR (Sewered Residential Single-Family) District.
William Haider was sworn in to testify. Mr. Haider said he purchased his property with the intent of a future concept plan with the SR (Sewered Residential Single-Family) District. Mr. Haider said that the Petition for Zoning Map Amendment would affect the value of his property and his future concept plan.
Ryan Brown, Planning & Zoning Director, explained that the Petition for Zoning Map Amendment reflects the current use of the property and if the Sewer District extends to his property he will be able to go through the process for a Petition for Zoning Map Amendment to SR (Sewered Residential Single-Family) District.
Ron Woods was sworn in to testify. Mr. Woods said he is not opposed to the Petition for Zoning Map Amendment but would like to hook up to sewer.
Ryan Brown, Planning & Zoning Director, said the Planning & Zoning Committee does not have jurisdiction as to whether or not a property can or cannot hook up to sewer. Mr. Brown suggested that Mr. Woods contact the Chain O’ Lakes Sanitary District.
John Pavelski was sworn in to testify. Mr. Pavelski said he is concerned how the Petition for Zoning Map Amendment would affect the taxes.
Ryan Brown, Planning & Zoning Director, said the Zoning is independent of the taxation.
Suzanne Debeers was sworn in to testify. Ms. Debeers said she is concerned about the water quality, both the drinking and the lakes, with the current wells and septic systems.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
MARCH 5, 2015
Ryan Brown, Planning & Zoning Director, said currently there are no proposals for water hook up. Mr. Brown said the Sanitary District was set up in regards to the Chain O’ Lakes water quality.
Tom Schepp was sworn in to testify. Mr. Schepp said he has a Certified Survey Map to split a 20,000 square foot lot off his property and with the SR (Sewered Residential Single-Family) District classification it would be allowed. Mr. Shepp said he would like to proceed with the splitting of the property with the current zoning SR (Sewered Residential Single-Family) District.
Ryan Brown, Planning & Zoning Director, explained the process and requirements needed to proceed with the splitting of the property with the current zoning SR (Sewered Residential Single-Family) District.
James Corrigan was sworn in to testify. Mr. Corigan said he is opposed to the Petition for Zoning Map Amendment because of the water tables going down and is concerned with the water quality.
Deb Giuffre read three (3) letters from property owners, one (1) in favor of the proposed zoning; one (1) letter from Randall Faulks in opposition of the proposed zoning and recommended the property to remain in the SR (Sewered Residential Single-Family) District; and one (1) requesting no public sewer to their home.
Jean Gliniecki, Zoning Administrator, gave a summary of the Petition for Zoning Map Amendment application request and recommends approval.
D. Federwitz moved and T. Murphy seconded the motion to GRANT the application for Petition for Zoning Map Amendment due to the following: The Town of Farmington Planning Commission and the Town Board of Farmington have recommended approval of these rezones and they are consistent with the Town’s Comprehensive Plan. The following will be removed from the list; parcel number 05-34-57-29, Randall M. & Robert S. Faulks and parcel number 05-35-13-13, Terrie L. Sherrets & Richard Skow. Roll call vote was taken: J. Penney—yes; D. Kussmann—yes; W. Wilfuer—yes; D. Federwitz—yes and T. Murphy—yes, unanimous vote to grant the Petition for Zoning Map Amendment. D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 10:21 a.m. The motion was carried.
~ The Committee took a break at 10:22 a.m. ~
The third public hearing was called to order at 10:36 a.m. by Chm. Penney. Roll call was taken with the following members present: J. Penney, D. Kussmann, T. Murphy, W. Wilfuer and D. Federwitz, all present. Deb Giuffre read the names of persons notified of the hearing for Creation of Chapter 38, Waupaca County Non-Metallic Mining Ordinance, Waupaca County Code of Ordinances. Vice-Chm. Kussmann read the general procedure and Chm. Penney declared it a legal hearing.
Carol Elvery said she is concerned with some of the issues that were raised through programs at the Winchester Academy regarding Frac Mining that are not defined in the Draft Non-Metallic Mining Ordinance. Ms. Elvery explained some of the issues as being economic impact, bonding, insurance and air quality.
Ryan Brown, Planning & Zoning Director, said Waupaca County follows the Environmental Protection Agency standards.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
MARCH 5, 2015
Helen Adams said she has concerns with the setbacks of 500 feet (6.4). Ms. Adams said she lives near two mines and 500 feet is not a significant amount of distance with the trucks, blasting and the dust. Ms. Adams asks that the distance be increased from 500 feet to at least 800 feet.
Marcy Wentworth said she would like to read a letter from Attorney Christa Westerberg from McGillivray, Westerberg & Bender LLC Attorneys who was hired to review the Draft Non-Metallic Mining Ordinance to be known as Chapter 38. Ms. Wentworth said the letter is broken into three parts to be read by three people to allow for their voice. Ms. Wentworth read Section 1 of the letter from Attorney Christa Westerberg of McGillivray, Westerberg & Bender LLC Attorneys. (Letter is on file.)
Tanya Wadzinski continued with reading Section 2, Draft Chapter 38 of the letter from Attorney Christa Westerberg of McGillivray, Westerberg & Bender LLC Attorneys.
Deanna Hannigen continued with reading Section 3, Draft Chapter 38 of the letter from Christa Westerberg of McGillivray, Westerberg & Bender LLC Attorneys. Ms. Hannigen commented that legal counsel and the Department of Natural Resources should be consulted for review and compliance. And urge the Planning & Zoning Committee to reject the ordinance as drafted.
Ryan Brown, Planning & Zoning Director, said the procedural issues of the Draft Non-Metallic Mining Ordinance have been sent to the Attorney for review. Mr. Brown explained the process for the Conditional Use Permit application with the Townships.
Jane Haasch said she is a member of the Implementation Steering Committee and realizes the need for the sand and gravel pits in Waupaca County. Ms. Haasch said she has concerns with ground water, water tables and drinking water. She suggested that there be two Non-Metallic Mining Ordinances, one for the small mines and one for the large mines.
Ramona Danke said she recommends quality of life standards such as clean air and clean water of residences within five miles of a mine. Ms. Danke said she would also like to see an independent source for monitoring and oversight to implement and enforce regulations.
Chris Klein said he is the Chairman for the Town of Dayton and felt that the Towns didn’t have adequate time for review and input on the Draft Non-Metallic ordinance or application. Mr. Klein said the Planning Commission for the Town of Dayton suggested extending the moratorium.
Jackie Beyer said she is the Town Clerk for Little Wolf and read a letter from the Town Board of Little Wolf with concerns of the proposed Draft Non-Metallic Mining Ordinance. Ms. Beyer presented a grading scale for impact of a Non-Metallic Mine.
Ryan Brown, Planning & Zoning Director, said the proposed Draft Non-Metallic Ordinance is on a time limit with the moratorium and the County Board meeting scheduled for March 17, 2015. Mr. Brown said that after the Attorney reviews the draft of the Non-Metallic Ordinance it will be posted on the website and a March 9, 2015 Planning & Zoning Committee meeting has been scheduled.
WAUPACA COUNTY PLANNING & ZONING COMMITTEE MEETING MINUTES –
MARCH 5, 2015
Kay Ellis said she served on the Implementation Steering Committee and attended many of the Ad Hoc Committee meetings. Ms. Ellis said she has concerns with property values and the time limit for review. She suggested an extension of the moratorium or a new moratorium be put in place.
Deanna Hannigen said if changes are made to the Draft Non-Metallic Ordinance, the public should have adequate time to review.
Tanya Wadzinski asked for an explanation of the time frame for the March 17, 2015 County Board meeting.
Ryan Brown, Planning & Zoning Director, said the initial moratorium was for twelve (12) months and then a six (6) month extension. Mr. Brown said if we don’t pass the Non-Metallic Ordinance and the moratorium expires, we don’t have an Ordinance, only the one that exists within the Zoning Ordinance.
Deb Giuffre read three (3) letters, one (1) from the Town of Caledonia, one (1) from the Town of Scandinavia and one (1) from the Town of Dayton, all with recommendations.
D. Kussmann moved and T. Murphy seconded the motion to close the hearing at 11:54 a.m. The motion was carried.
DISCUSSION:
Ø Jason Snyder, Deputy Zoning Administrator, gave an update on the inspections of the Land Use Permits conducted in 2014.
Ø Ryan Brown, Planning & Zoning Director, explained the Mitigation Implementation with the Land & Water Conservation Department.
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The next Planning and Zoning Committee meeting has been scheduled for Monday, March 9, 2015.
T. Murphy moved and D. Kussmann seconded the motion to adjourn the meeting at 12:30 p.m. The motion was carried.
Debra L. Giuffre
Recording Secretary
cc: County Clerk