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February 23, 2015 Plan Commission Meeting
Town of Dodgeville
Plan Commission Meeting
Monday, February 23rd, 2015
The Town of Dodgeville Plan Commission met on Monday, February 23rd, 2015 at 6:03 P.M. Plan Commission Chairman Greg Jewell called the Planning Commission meeting to order at 6:03 P.M.
Plan Commission Committee members in attendance were: Greg Jewell, Katherine Cahill, Steven Johnson, Robert Fitzsimmons and Curt Peterson. Absent was: Daryl Tresner and Ron Robson.
Others in attendance were: Clerk/Treasurer Sara Olson, Leo Wagner, Beth Wagner, Kurt Rule, David Rule, Jim Rule, D.J. Dolphin, Pam Johnson-Loy, Warren Bohlman, Steve Lanphear, Jessica Fick, John Fick, Ann Rydell, Scott Napp, Stephen Thoni, Dona Muller, Monte Muller, Sharon Nicholas, David Blume, Michael Degenhardt, Brenda Degenhardt, Dale Chellevold, James Lee, Vickie Gordon, William L. Lee, M. Rosha Wyman, John Gallighar, Kurt Van Dyn Hoven, Pat Sieling and Bill Vitaniemi.
Chairman Greg Jewell verified that proper notice of the meeting was posted on February 11th, 2015 in accordance to WI Statutes 19.84 (3) at the Town Message Boards at Pleasant Ridge Store, Mueller Implement and the Town Office. Greg Jewell made a motion to approve the public notice and agenda. Steven Johnson seconded the motion. Motion carried.
Curt Peterson made a motion to approve the January 26th, 2015 meeting minutes as submitted. Katherine Cahill seconded the motion. Motion carried.
Plan Commission Chairman, Greg Jewell had explained the rules for the public comment period during this time as listed on the agenda.
Greg Jewell asked James Lee, who was representing William Lee and the Gale Lee Irrevocable Trust for information in regards to the application to rezone approximately 4.648 acres from A-1 Non-Conforming to AR-1 and 25 acres from A-1 to C-1 located in part of the SW ¼ of the SWE ¼ of Section 32, Town 6 North, Range 3 East. James Lee indicated that his mother had passed away and they were dividing the land between the siblings and were wanting to rezone the parcel that contains the home to AR-1. They also indicated that the individual who will be receiving the 25 acres that abutted this parcel doesn’t have enough acreage to be currently zoned A-1 therefore the 25 acres would need to be rezoned to C-1. Clerk/Treasurer Sara Olson maps in regards to this petition to the Plan Commission. Robert Fitzsimmons made a motion to recommend the approval of the rezoning application of approximately 4.648 acres from A-1 Non-Conforming to AR-1 and 25 acres from A-1 to C-1 located in part of the SW ¼ of the SWE ¼ of Section 32, Town 6 North, Range 3 East which is currently owned by William Lee & Gale Lee Irrevocable Trust. Steven Johnson seconded the motion. Motion carried.
Scott Godfrey, Iowa County Planning & Zoning Administrator gave an overview of the process in regards to Agenda Item #8. The current provision in regards to non-metallic mining at the county level can be found in Section 4.5 of the Iowa County Zoning Ordinance. Scott Godfrey had indicated that there is also a Wisconsin Non-Metallic Mining Reclamation that has to be met and followed. Scott Godfrey had presented an aerial photo of the current parcels and had indicated that this parcel is currently zoned A-1 Ag and has a grandfathered land use as it was in operation prior to zoning being adopted. Scott Godfrey had also indicated that there had been an amendment made to Section 4.5 of the Zoning Ordinance two or three years ago in regards to the minimum buffer between residents and mining operation.
Plan Commission Chairman, Greg Jewell opened the floor to the applicant in which David Rule read a letter that was written by Rule Construction LLC. David Rule had indicated that they are requesting to expand the existing quarry to the east. Rule Construction indicated that they have always tried to be good neighbors to the subdivision by not working past 5:30 in the evening, not working on holidays or weekends, blasting well below the legal limit and have never had a property damage claim. They feel that the quarry would expand to the east at a rate of about 30 feet a year and as it is slowly built there would be berms and trees planted around the edge of the quarry acting as a visual and sound barrier. David Rule had indicated that if an extension wasn’t granted they would have to expand to the south towards the property line which is closer to the subdivision and the individuals will see and hear the operation of the quarry much more. David Rule had indicated that the quarry has been active since the 1950’s. David Rule indicated that the current quarry is a couple years away from running out of limestone but they are running out of sand and this would affect many of the farmers who rely on this product. David Rule also indicated that the 25 acres they are asking for the expansion on would last them about 40 to 50 years.
D.J. from Viking Explosive introduced himself to the Plan Commission and answer questions in regards to blasting that has occurred at the Rule Quarry. D. J. had indicated that Rules are blasting well below the legal limits and to their knowledge there has been no claims for damages in regards to blasting. D.J. had given the Plan Commission information and websites on where they could get more information in regards to blasting. David Rule had indicated that they currently blast sand approximately 5 times a year for approximately 3 weeks at a time and they blast limestone approximately 2 times a year. The Plan Commission had asked the applicant questions in regards to wells located close to the quarry as well as pre and post water sampling that takes place in Dane County.
Plan Commission Chairman, Greg Jewell opened the floor to the individuals who had filled out a form to speak. The following individuals spoke in the following order: Leo Wagner, Warren Bohlman, Steve Lanphear, Jessica Fick, John Fick, Mike Degenhardt, Brenda Degenhardt and John Schinglaw. The residence indicated that were opposed to the expansion of the quarry and had the following concerns or reasons: decrease in property values, the ability to sell their existing homes, the physical and emotional results of the blasts, well water concerns, depth of existing wells, the underground water table, presence of high levels of radon, property damage, unhappiness of the residence, the quarry detracting from the rural beauty of the Township and the gas pipeline location. Individuals also had concerns in regards to the Comprehensive Plan: Section I Siting Criteria not being met, Section H talking about the intent to protect agriculture land, they feel that the expansion wasn’t part of the plan, doesn’t fit with the current Comprehensive Plan, and they feel that an expansion of the existing quarry will not follow the guidelines in the Towns Issues and Opportunities Policy which indicates the Plan Commission will protect and improve the health, safety and welfare of the residence.
Greg Jewell had indicated that the Town Plan Commission had received written letters from the following individuals stating opposition and concerns they had with the expansion of the quarry: Christine Lenox, Diane Harms, Anne Rydell, Leslie & Richard Jensen, Bill & Donna Menke, Chris Randal and Mike & Brenda Degenhardt.
The Plan Commission members had asked questions to the audience in regards to the damages individuals stated that they have encountered. The Plan Commission had also inquired if any residents from the Green Leaf Glen Subdivision were present that directly abutted the existing quarry or parcels that are requesting to be re-zoned.
The Plan Commission requested that a field visit take place in a month or two. The Plan Commission also requested that Rule Construction provide some guidance in regards to how high the buffer would be, location, landscaping and etc. The Plan Commission also requested that Viking Explosive present information and education in regards to blasting at the March meeting.
Plan Commission member, Curt Peterson explained the importance of finding some common ground as if the quarry is not allowed to expand they will be forced to go south up to the property line and that doesn’t solve any problems. Curt also had indicated the advantages of the modification that was made to Section 4.5 of the Iowa County Zoning Ordinance and how a conditional use permit would have to be reviewed and renewed every five years.
Steven Johnson made a motion to continue the application and conditional use application for James Rule & Rule Quarry LLC and have Viking Explosives present information in March in regards to blasting and mining operations to the Plan Commission member and residents. The Plan Commission also requested that Clerk/Treasurer Sara Olson be notified when the next blasting occurs so the Plan Commission members have the ability to be in the Green Leaf Glen subdivision while the blasting is occurring. Katherine Cahill seconded the motion. Motion carried.
Town Plan Commission members reviewed and discussed Section C Transportation Element of the Comprehensive Plan. The Plan Commission members indicated that the Lehner Road project can be removed as well as the Military Ridge Road/County Q Intersection as they have been completed on page C-2 as well as the present issue section for Bennett Road. The Town Plan Commission indicated that they would be reviewing Section D Utilities and Community Facilities Element at the March meeting.
Katherine Cahill made a motion to adjourn the meeting. Steven Johnson seconded the motion. Motion carried.
Sara Olson, Clerk/Treasurer
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