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MEETING MINUTES
June 1, 2009
Item # 1 The Zoning Committee meeting was called to order by Vice Chairman Marilyn Marshall at 9:00 am. Richard Rasmussen was absent. Those present or who signed up to speak were Carol Clausius, Bob Holets, Virginia Wiedenfeld, Harriet Pedley, Mayor Larry Fowler, Kyle Rentmeister, Todd Fischer, Rod Perry, Victor Machovec, Terry Sebranek, Duane Durst, Donald Adelman for Westford Township, Doug Ferrell, and Cheryl Dull taking minutes..
Item #2 Motion by Clausius, seconded by Bob, to approve the publication and agenda. Motion carried.
Item #3 Moved by Holets , seconded by Clausius to approve the May 4th meeting minutes. Motion carried.
Start of Public Hearing 9:03 am.
Item # 4 The committee heard a request to amend the Conditional Use Permit for the Waste Water Treatment plant for the City of Richland Center.
Discussion: Mayor Larry Fowler discussed the conditional use permit that the county had issued in December of 2008. Since that time they gained information that Dean Foods intended on building their own facility in partnership with Schrieber Foods. After seeing that that project is not feasible, they have approached the city with another option. This option is to build a separate facility on the same site that would received their high strength waste from the plants, process it and then send it to the city’s facility all on the same property. With that, number four of the agreement and the conditional use permit states “The sole purpose for the Industrial Zoning is for the relocation of the Richland Center WWTP”. With the agreement between the parties, there is now a dual purpose; the plants that will be run by the city and the industries. There has been an agreement to form a committee with the Utility Commission and the Town Boards and Rod Perry spoke and stated that all parties were thrilled with the idea because it would reduce the land spreading and would create a way for the methane gas produced to generate electricity. There would be enough waste produced to create 1 megawatt of power. Todd Fischer handed out drawings that showed the placement of the additional plant on the wastewater treatment facility site. The City would have a long term agreement of 100 years with the industries. The city would hold the contract with Foremost and Foremost would hold a contract with Dean and Schreiber foods. Clausius questioned if Foremost Farms and the City both having a controlling part would it cause a problem? Mayor Fowler didn’t believe so. There will be silos placed at the site that are proposed to be 30 feet high. Larry Fowler is very pleased with the partnership that is being formed. Motion by Holets, seconded by Clausius to approve the amendment to the conditions of the permit issued in December of 2008 to read: “The sole purpose of the Industrial Zoning is for the relocation of the Richland Center WWTP and private wastewater industry that supports that wastewater treatment facility.” Motion carried.
Item # 5 The committee heard a petition from Kyle Rentmeester to rezone 1.45 acres from Residential 1 to Ag/F in Section 18 of Akan Township.
Discussion: Rentmeester explained that when he applied for a Land Use Permit he discovered a portion of his property is zoned Residential-1. Pedley explained that at the time, the owners wanted to place a mobile home on the property. Rentmeester stated the mobile home was never placed on the property. Akan Township approved the rezoning request. No neighbors were heard from. Motion by Holets, seconded by Wiedenfeld to approve the request to rezone 1.45 acres from Residential-1 to Agriculture/Forestry. Motion carried.
Item # 6 The committee heard a petition from David Duren to rezone 5.02 acres from Agriculture/Forestry to Agriculture/Residential in Section 11 of Westford Township
Discussion: Pedley stated Duren has a lot that had a survey done previously on County Hwy V to clarify some property line issues. Duren presently owns 60 acres. Duren wants to refinance and the bank will offer him a loan on the area where the house it or the description contained on the CSM. The bank is saying that if Duren ever defaults on the loan, the parcel of land would be ready for sale. Duren is asking for the rezone because of the banks request. Don Adelman stated that the Westford planning commission did not act on it because the county did not require the rezone and Mr. Duren withdrew his request because he thought the bank would accept the CSM description. The township never acted on it either. There was conversation with the committee concerning the junk cars on the property. Pedley reminded the Zoning Committee that a junk yard is not an allowable use in Agriculture/Forestry or the Agriculture/Residential zoning districts and is only allowable in Industrial by conditional use permit. Adelman stated there are probably 30 vehicles that can be seen from the road. Because of the confusion, tabling the petition was discussed. Motion by Holets, seconded by Clausius to table the issue and send it back to the township for their review. Motion carried with Wiedenfeld voting no.
Item # 7 The committee heard a petition from Doug Ferrell to rezone 12.9 acres from Agriculture/Forestry to Agriculture/Residential in Section 32 of Dayton Township
Discussion: Pedley reported that there was a letter from Dayton Township approving this request. Ferrell has 51 acres that he wants to sell but due to the market they have decided to split the property into two parcels and sell the 12.9 acres with the house. They will either keep the remaining acres or sell them. The petition calls for rezoning 11 acres but since a survey was completed the amount ended up being 12.9 acres. Pedley informed the Committee that the septic system had to be relocated as it was found to be on the neighbor’s property. Pedley reported that no neighbors were heard from. Motion by Wiedenfeld, seconded by Holets to approve the petition. Motion carried.
Item # 8 The committee heard a petition from Terry Sebranek to rezone 2.071 acres from Agriculture/Forestry to Residential-2 in Section 24 of Marshall Township
Discussion: Sebranek stated he wants to purchase the house and a few acres from his father, Calvin Sebranek. This is the original homestead of the farm. Pedley stated that it was approved by the township and no neighbors were heard from.
Motion by Holets, seconded by Wiedenfeld to approve the petition and pass it to the next available county board session. Motion carried.
Item # 9 The committee heard a petition from Victor Machovec to rezone 2 acres from Ag/F to R-2 in Section 5 of Henrietta Township
Discussion: Victor Machovec informed the committee that the two acres in question is where there was a second home built for a family member. His parents live there now but his brother has developed leukemia and they are planning in advance for whatever might happen in the future. If they decided to sell the second dwelling and some acreage in the future, they want to be prepared. Victor and David Machovec own 160 acres and Martin and Vivian own 165 acres. The property requested to be rezoned has 2 sheds on it. Holets questioned the assessed value at $3400.00. Pedley stated she cannot answer anything concerning the assessment of a property. Pedley reported that no neighbors were heard from nor the town.
Motion by Wiedenfeld, seconded by Clasius to approve the petition and pass it to the next available county board session. Motion carried.
Close Public Hearing at 10:05 am
Item # 10 Pedley informed the committee she has a situation with David McCollough who owns property in Buena Vista Township. It appears he wants the opinion of the zoning committee before he will file for a necessary rezoning of the remainder of this property. His property was originally a legal non-conforming parcel zoned Agriculture/Forestry of approximately 12 acres. A portion of that was rezoned by the county into two 2 acre lots. When he sold the first lot off, he lost his legal non-conforming status on the remaining acres. In 1996 when he first petitioned to rezone lots to Residential-2, he was denied by the township and the county. He came back in 2003 requesting the same thing and it was approved. He came back in 2006 to ask for a rezone to Commercial and Conditional Use Permit for storage sheds but that was denied. Pedley checked the minutes and found it had been denied by the town for fear it would become a junk yard and there are 2 other homes too close. Now he wants to store campers and boats outside during the winter on his property. It was the consensus of the committee that McCollough would have to rezone his property and should petition.
Item # 11 Farmland Preservation: Pedley informed the Committee that when the Governor signs the budget the proposed changes to Chapter 91 (Farmland Preservation) will become law. The county could opt out of the program but it is so engrained in this county and the farmers received some tax credits, it would be hard to eliminate it. The state department (DATCP) would like to see no size requirement for our exclusive agriculture district. They would rather have large areas put into what is called an Agricultural Enterprise Area. Rezoning will create substantial penalties known as “conversion fees” that will have to be paid by the property owners.
Motion by Holets, seconded by Wiedenfeldd to propose a County Board resolution to the Governor and others stating Richland County is opposed to the regulatory aspects of the Farmland Preservation changes taking effect upon the signing of the budget bill. Motion carried.
Item # 12 A special meeting time was discussed; either June 23rd or June 19th. Pedley will check with Rasmussen to see what day and time would work.
Item # 13 The next regular meeting is set for Monday, July 6, 09 at 9:00 am. Motion by Clausius, seconded by Holets to adjourn at 10:58 a.m. Motion carried.