Home Page: Meeting Minutes
July 27, 2015 Plan Commission Meeting
Town of Dodgeville
Plan Commission Meeting
Monday, July 27th, 2015
The Town of Dodgeville Plan Commission met on Monday, July 27th, 2015 at 6:00 P.M. Plan Commission Chairman Greg Jewell called the Planning Commission meeting to order at 6:00 P.M.
Plan Commission Committee members in attendance were: Greg Jewell, Robert Fitzsimmons, Daryl Tresner, Kathi Cahill, Steven Johnson, Ron Robson and Curt Peterson.
Others in attendance were: Clerk/Treasurer Sara Olson, Bill Cerutti, Jessica Fick, Larry Nelson, Sharon Nicholas, Donna Menke, Beth Wagner, Ann Rydell, Leo Wagner, Bill Menke, Ken Wallace, Jim Rule, Dave Rule and Kurt Rule.
The Plan Commission and members of the general public recited the Pledge of Allegiance.
Chairman Greg Jewell verified that proper notice of the meeting was posted on July 13th, 2015 in accordance to WI Statutes 19.84 (3) at the Town Message Boards at Pleasant Ridge Store, Mueller Implement and the Town Office. Steve Johnson made a motion to approve the public notice and agenda. Curt Peterson seconded the motion. Motion carried.
Curt Peterson made a motion to approve the June 29th, 2015 meeting minutes as submitted. Robert Fitzsimmons seconded the motion. Motion carried.
Greg Jewell asked Ken Wallace who was representing Quality Liquid Feeds for information in regards to the application of Quality Liquid Feeds for the rezoning of 3.1 acres more or less from AR-1 & B-2 Highway Business to B-2 Highway Business for the purpose of creating one lot located in the NW ¼ of the NE ¼ of Section 21 Town 6 North Range 3 East located at 3568 & 3586 State Road 23 as well as the conditional use application to allow office space and one residence. Ken Wallace had indicated that Quality Liquid Feeds is trying to add an addition on to the building and needs to rezone the property into one lot to remove the existing lot line to allow the expansion of Quality Liquid Feeds. Ken Wallace also indicated they are requesting a residence be added to the conditional use permit as the parcel in which they are combining currently contains a home. Clerk/Treasurer Sara Olson had indicated to the Plan Commission that this individual is currently utilizing services in Sanitary District #1 and the rezoning will require that the Sanitary District Agreements and documents are added or amended as well as approval being given by the City. Steven Johnson made a motion to recommend the approval of the rezoning application of Quality Liquid Feeds of 3.1 acres more or less from AR-1 & B-2 Highway Business to B-2 Highway Business located in the NW ¼ of the NE ¼ of Section 21, Town 6 North, Range 3 East located at 3586 & 3568 State Road 23 with the conditional uses to allow office space and one residence with the conditions that all Sanitary District agreements, allocation of usage, boundaries and documents are amended to include the newly created lot. Ron Robson seconded the motion. Motion carried. It was also requested that the Iowa County Plan Commission make their recommendation contingent upon the Town Board approving the Plan Commissions recommendation at their August 4th meeting.
Plan Commission Chairman, Greg Jewell presented the following: a document that had outlined sixteen recommended conditions of approval that had been gathered from the previous meetings with additional suggested verbiage in red, Exhibit A which showed the quarry expansion area, and Exhibit B which showed the evergreen screen and the four strand fence. Plan Commission Chairman, Greg Jewell read aloud the document in its entirety to the public and Plan Commission members. The Plan Commission members discussed the proposed sixteen bullet points in detail and had questions in regards to Items #5 and the notification process, clarity of Item #13, clarity of Item #9 and the modification of the first sentence in Item #3 as well as the last sentence in Item #3. The change was as follows: changing the word one year to five years and the word year in the last sentence to term. Town Chairman, Curt Peterson had indicated that it would be best for Rule Construction to send the e-mail notification in regards to blasting when the drill shows up to give the residence advance notice. Town Chairman, Curt Peterson had also touched based on Item #16 and had indicated that the county will potentially not recognize this condition as the property in which the restriction is on isn’t currently part of the application, however the recording of the document would be enforced by the Township. The Plan Commission heard comments from the general public and made the following changes based on the general public’s input: Sentence number 2 in Item #9 was modified to as follows: The Town of Dodgeville will require additional screening if mining operations are not being adequately screened by the use of Evergreens. Greg Jewell had also indicated that Rule Construction had asked to modify the normal crushing hours of operation including blasting in Item #13 from 5 p.m. to 6 p.m. The general public had indicated that this would allow blasting hours to be extended also and it was concerning to the citizens. The Plan Commission modified Item #13 to separate out the blasting hours leaving them to be limited to the hours of 7:00 a.m. to 5:00 p.m. Monday thru Friday and allowing crushing operation to be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday.
Greg Jewell made a motion to recommend the approval of application of 65.50 acres more or less from A-1 Ag to AB-1 located in part of the SE ¼ and the SW ¼ of the SW ¼ of Section 9, Town 6 North, Range 3 East at 3978 State Road 23 and the conditional use application for the purpose of non-metallic mining with the following 16 conditions and exhibits contingent upon changes being made to the Town Land Use Plan for this application:
1. Approval of the Condition Use Permit by the Town of Dodgeville Board.
2. Approval of the Condition Use Permit by Iowa County.
3. The conditional use shall be good for five years. The Town Board and/or Iowa County Zoning and Planning officials shall inspect the quarry operation each year for compliance with the conditional use requirements. If the inspection is acceptable, the conditional use shall be granted for an additional term. The public shall be made aware of the date of the yearly inspection by public notice. This conditional use permit, and the conditions approved will be enforced if, in the future, the land sells to a new owner.
4. Successful Non-Metallic Mining Permit from Iowa County.
a. Reclamation standards contained in Subchapter II of Chapter NR 135, Wisconsin Administrative Code.
b. Operation and reclamation shall be conducted in a manner that meets groundwater quality standards pursuant to Wisconsin Administrative Code NR 140.
c. This permit is good for five years.
5. Blasting operations shall follow the current Iowa County Nonmetallic Zoning Ordinance:
Iowa County Zoning Ordinance 4.5 "Nonmetallic Mining Sites - one acre or greater", Section 2) e)”
Blasting shall, at a minimum, comply with the provisions listed in SPS 307, Wis. Administrative Rule. At sites where there is a principal structure on neighboring property within 500 feet of the shared property line with the mining site, blast charges may be required to be reduced in size as blasting activity nears the property line".
Land owners wishing to have notice of blast schedule shall notify operator with email information. Owner must provide notice by email at a minimum.
6. Quarry expansion shall follow the areas shown on attached Exhibit "A".
7. Evergreens shall be planted in three rows in the area shown on attached Exhibit "B".
8. A four strand barb wire fences shall be constructed as shown on attached Exhibit "B“with warning signs.
9. Evergreens shall be planted and the fence shall be constructed by June 30, 2016. The Town of Dodgeville will require additional screening if mining operations are not being adequately screened by the use of Evergreens. This may require the building of a berm, or other suitable screening where necessary to adequately screen the crushing operations. This condition shall be evaluated at the required annual site inspection by the Town of Dodgeville.
10. The owner of the quarry shall maintain the trees and replant if necessary for the duration of an active Non-Metallic Mining Permit.
11. The owner of the quarry will never have an asphalt plant or other industrial operation, excluding the current crushing operation.
12. No commercial traffic associated with the quarry will ever use Green Leaf Drive.
13. Hauling hours of operation be limited to the hours of 6:30 am to 6:00 pm Monday through Friday. Blasting be limited to the hours of 7:00am to 5:00pm Monday through Friday. Crushing operation be limited to the hours of 7:00am to 6:00pm Monday through Friday. In case of emergency (flood or natural disasters) hours may be extended for hauling purposes to include weekends.
14. No lighting will be allowed outside the hours of operation.
15. If any claims for damage are made against the quarry, the Town shall be made aware of said claim. This information will be used in the evaluation of renewal of the conditional use.
16. Declaration of Conditions, Covenants and Restrictions limiting non-metallic mining be granted to the Town of Dodgeville for Parcel 008-1077 and Parcel 008-0938 owned by James Rule. This declaration shall limit expansion of this quarry into parcels 008-1077 and 008-0938 and does not restrict any other uses. (See Attached Document)
Exhibit A (A copy of this exhibit may be obtained at the Town Hall)
Exhibit B (A copy of this exhibit may be obtained at the Town Hall)
DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
Tax Parcels 008-1077 & 008-0938
TOWN OF DODGEVILLE, IOWA COUNTY, WISCONSIN
WHEREAS, James C. Rule, the owner, successors and assigns, of Tax Parcel 008-1077 as located in the NE ¼ of the NW ¼ of Section 16, T6N, R3E; and Tax Parcel 008-0938 as located in the SE ¼ of the SE ¼ of Section 8, T6N, R3E; and ,
WHEREAS, James C. Rule and Rule Quarry LLC petitioned in 2015 to rezone 65.50 acres more less from A-1 to AB-1 located in part of the SE ¼ and the SW ¼ of the SW ¼ of Section 9, T6N, R3E and for a conditional use permit for the purpose of non-metallic mining; and,
WHEREAS, Tax Parcels 008-1077 & 008-0938 are adjacent to and immediately south and west of proposed non-metallic mine; and,
DRAFTED AND RETURN TO
WHEREAS James C. Rule voluntary agrees to forego any non-metallic mining on Tax Parcels 008-1077 & 008-0938 in order to mitigate the possible impact the proposed non-metallic mine has on adjacent property owners and residents.
NOW BE IT RESOLVED, the undersigned owner hereby declares that future use of Tax Parcel 008-1077 & 008-0938 is hereby restricted to preclude its use for non-metallic mining.
TAX PARCEL NOS. 008-1077 & 008-0938
BE IT FURTHER RESOLVED, that all terms, conditions, covenants and other provisions contained in this Declaration, including benefits and burdens, shall run with the owner’s property and shall be binding upon and inure to the benefit of and be enforceable by the Town of Dodgeville and/or Iowa County and their respective successors and assigns.
BE IT FURTHER RESOLVED, this Declaration is not revocable by the owner, the Town of Dodgeville or Iowa County.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ,20 .
Town of Dodgeville, Iowa County, Wisconsin
James C. Rule ____________________________________
Curt Peterson, Chairman
Sara Olson, Clerk/Treasurer
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of _________, 20___, the above named James C. Rule, to me known to be the person(s)
who executed the foregoing instrument and acknowledged the same.
My Commission Expires:
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of ________________, 20___, the above named Curt Peterson, Town Chair, to me known to be such officer of the Town of Dodgeville who executed the foregoing instrument and acknowledged the same on behalf of said Town of Dodgeville, a Wisconsin municipal corporation.
My Commission Expires:
STATE OF WISCONSIN )
COUNTY OF IOWA ) SS
Personally came before me this day of ________________, 20___, the above named Sara Olson, Town Clerk, to me known to be such officer of the Town of Dodgeville who executed the foregoing instrument and acknowledged the same on behalf of said Town of Dodgeville, a Wisconsin municipal corporation.
My Commission Expires:
Drafted by: The Town of Dodgeville
Kathi Cahill seconded the motion. Motion carried. (7-0)
The Plan Commission had discussed the process of modifying the Comprehensive Plan and indicated that they prefer to do this amendment separate from the amendments that had been discussed when reviewing the plan chapter by chapter as it may take several more months to finish going through the plan in its entirety. It was requested that Clerk/Treasurer Sara Olson forward the recommendations to the Town Board as soon as possible to allow them time to digest the information as these recommendations would appear on the August 4th Town Board agenda at 6:00 p.m. at the Town Hall. Plan Commission Chairman, Greg Jewell had also indicated that he would attend the meeting to answer any question the Town Board may have. Town Chairman, Curt Peterson had also requested that a copy of the motion be forwarded to Iowa County Zoning Administrator, Scott Godfrey for any comments that he may have in regards to the sixteen conditions.
The Plan Commission viewed Section F of the Comprehensive Plan and had indicated many pieces of this section would need to be updated if it was to be left in the Comprehensive Plan. The Plan Commission members had questions in regards to what information is required to be in the Plan versus what information truly isn’t needed. Town Chairman, Curt Peterson had indicated that at the beginning of each section there is the State Statue that indicates what is required in each section of the Plan. The Plan Commission indicated that verification would need to be made that the State Statues within the Plan are still current prior to making any more decisions in regards to what is going to be removed versus not.
Curt Peterson had presented a document in which he had received from the county in regards to the amount of permit value generated to date in the county. Clerk/Treasurer Sara Olson also highlighted the recommended minor map revisions from DATCP in regards to the drafted Iowa County Farmland Preservation Plan.
Robert Fitzsimmons commended Greg Jewell for his hard work and dedication in regards to the Rule petition.
Steven Johnson made a motion to adjourn the meeting at 7:30 p.m. Daryl Tresner seconded the motion. Motion carried.
Sara Olson, Clerk/Treasurer
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