4. Nonmetallic Mining Reclamation Plan Review Fees / Discussion Action p Budget / Discussion Action p

Transcription

1 Eau Claire County PLANNING & DEVELOPMENT COMMITTEE AGENDA Tuesday, August 25, :00 PM Eau Claire County Courthouse 721 Oxford Avenue Room 1277 Eau Claire, Wisconsin 1. Call to order 2. Public Input Session (30 minute maximum) Comments are restricted to matters within the Committee s jurisdiction, and items not pertaining to already scheduled public hearings. Comments will be limited to three minutes per individual. 3. Public Hearing: a. A conditional use permit request for a two family dwelling in the Rural Homes District (Town of Union) CUP / Discussion Action p b. Proposed Ordinance: File No /044 Amending the 1982 Official Zoning District Boundary Map for the Town of Pleasant Valley (Gonitzke) / Discussion Action p c. A conditional use permit request to operate a 10 bedroom tourist rooming house in the A-2 District (Town of Clear Creek) CUP / Discussion Action p d. A conditional use permit request to construct a rail line in a shoreland-wetland district (Town of Fairchild) CUP / Discussion Action p Nonmetallic Mining Reclamation Plan Review Fees / Discussion Action p Budget / Discussion Action p Review/Approval of August 11, 2015 Meeting Minutes / Discussion Action p Proposed Future Agenda Items / Discussion 8. Adjourn Post: 8/20/2015 Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language, interpreters or other auxiliary aids. For additional information or to request the service, contact the County ADA Coordinator at (FAX) or (TDD) or by writing to the ADA Coordinator, Human Resources Department, Eau Claire County Courthouse, 721 Oxford Ave., Eau Claire, Wisconsin

2 EAU CLAIRE COUNTY PLANNING AND DEVELOPMENT STAFF RECOMMENDATION CONDITIONAL USE PERMIT NUMBER: CUP COMPUTER NUMBERS: PUBLIC HEARING DATE: August 17, 2015 STAFF CONTACT: Rod Eslinger, Land Use Supervisor OWNER: Gene Dokkestul, 9606 Crescent Avenue, Eau Claire, WI APPLICANT: Jonathan Foster, 21 Well Street, Chippewa Falls, WI REQUEST: Conditional use permit for a two-family dwelling LOCATION: 1639 Pavelski Road, Eau Claire, WI LEGAL DESCRIPTION: LOT 4 OF CSM V. 9 PG. 200 (#1721), Section 30, T27N-R10W, Town of Union, Eau Claire County, Wisconsin SUMMARY The request is for a two family housing unit (duplex) in the District. BACKGROUND SITE CHARACTERISTICS: The applicants own a total of 2 acres that have been used for residential purposes previously. Currently situated on the property is a single family home with a large storage building. The property is located at the NE corner of the Crescent Avenue and Pavelski Road intersection. The septic system serving the dwelling is sized for six bedrooms per County approved sanitary dated November 18, Each unit will have three bedrooms per floor plans submitted with the application. Each unit has it separate entrance and parking areas. The duplex shares a common laundry area. CURRENT ZONING: The purpose of the District is "...to provide for suburban large-lot (residential) development with individual on-site water and sewage disposal facilities." ADJACENT ZONING & LAND USES: DIRECTION ZONING LAND USE North A-2 Hobby farm West A-2 Residential Single Family South R-H Residential Single Family East R-H Residential Single Family 2

3 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP LAND USE PLANS The County Land Use Plan, adopted in 2010, includes this property in a Rural Residential planning area; the Town of Union Comprehensive Plan also places this property in rural residential planning area. Eau Claire County - Rural Residential (RR) Intent and Description: The primary intent of this classification is to identify areas suitable for future non-farm residential development. Rural Residential areas include lands that are delineated as existing residential properties or vacant platted areas. In addition, some undeveloped land has been designated for RR development where subdivision expansion is likely to occur. These additional areas tend to be adjacent to existing rural subdivisions or where local roads and utilities exist to effectively and economically serve the area. APPLICABLE ZONING REGULATIONS Section Purpose. This section describes the purpose of the zoning code. Generally, the purpose of the zoning ordinance is as follows: to separate incompatible land uses from one another; to maintain public health and safety; to protect and conserve natural resources; to prevent overcrowding; to preserve property values; and to maintain the general welfare of the citizens. Section Conditional uses. In the district, the following uses are conditional and are subject to the provisions of Chapter 18.21: B. Two-family housing; Section Structures allowed under conditional use permits. The following structures may be allowed in the district under conditional use permits issued pursuant to the provisions of Chapter 18.21: B. Duplexes; Section Lot, height and yard requirements. The following lot, height and yard requirements are established for the district: A. Yard Requirements. 1. Lot area shall be a minimum of 1 acre, except where required by other code minimum standards, and for duplexes, which shall be a minimum of 2 acres. Chapter Conditional Uses. Standards for approval of conditional uses: 1) the use must be in conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic congestion or hazards. ANALYSIS: The following discussion provides an analysis of the conditional use permit based upon the standards in the zoning code: Page 2 of 3 3

4 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP The applicant shall apply to the Town of Union for a Uniform Dwelling Code (UDC) permit. The duplex will need to conform to the requirements of the UDC code for two family structures, including access requirements. It appears that the request for a conditional use permit for a duplex would be consistent with the standards for conditional use permits and the purpose of the zoning ordinance. The duplex would not be injurious to the use and enjoyment of other property in the immediate vicinity; it will have an appearance of a single-family home. In addition, the property has been used as a two family dwelling in the past without issue. There are adequate utilities, and access to the property is safe. The lot has adequate space for off-street parking. It does not appear that the use would be incompatible with nearby and neighboring uses. The use will be consistent with the purpose of the zoning ordinance, provided the use conforms to the terms of this permit. It does not appear that the use of the structure will result in any nuisance factors such as noise, dust, or fumes. TOWN BOARD ACTION: The Town of Union Plan Commission and Town Board met on August 6 th and August 11 th, respectively to discuss this request. When this report was written, the town board position was unknown. STAFF CONCLUSIONS AND RECOMMENDATION: Staff has concluded that the request to create a duplex in the residence at 1639 Pavelski Road will be consistent with the standards for conditional use permits, and will be consistent with the purpose of the zoning code. Staff recommends that the committee approve the conditional use permit with the following conditions: 1. The sketch drawings and the site plan submitted with the application shall be attached to and made a part of the permit, and all development of the site shall be done in accord with the plan and drawings. 2. The applicant shall apply for a UDC permit with the Town of Union and file a land use permit application for a change of use of the structure with this department. 3. Adequate parking shall be provided for and maintained for the duplex as required under Chapter of the Zoning Code. 4. The applicant is responsible to maintain the property free of debris and shall maintain the property that complies with Sections to of the County Code that pertain to refuse accumulation, solid waste disposal, garbage and recycling, hazardous substances, human health hazards, and public nuisances. 5. Prior to construction, the applicant shall obtain a land use permit from the Department of Planning and Development, as well as a building permit from the Town of Union. 6. The applicant shall notify the Land Use Control Supervisor upon completion of the accessory structure so that staff can verify compliance with the terms of this approval. 7. The Land Use Supervisor can approve minor alterations from the terms of the permit. A major change does require the approval of the committee at a public hearing. 8. The owners shall allow staff from the Department to enter the property at reasonable times to inspect the premises for compliance with the conditions of this permit. 9. The permit is subject to Sections to of the Zoning Code. These provisions establish when a conditional use permit lapses, the conditions under which it can be revoked, and when a CUP expires due to the abandonment of a use. Page 3 of 3 4

5 5

6 6

7 7

8 8

9 9

10 10

11 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

23 23

24 24

25 CUP DOKKESTUL ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 25

26 CUP DOKKESTUL Parcel Id NAME ADDRESS CITY STATE ZIP BLOOM, JAMES A & GLORIA J 1111 PAVELSKI RD EAU CLAIRE WI BUCHHOLTZ SR, BILL A 1580 PAVELSKI RD EAU CLAIRE WI GILLETTE, CHARLENE M 9303 CRESCENT AVE EAU CLAIRE WI GORDON, CHRISTOPHER J & JENNIFER 1811 WHITE OAK DR EAU CLAIRE WI MATTHIEU, WENDELL A & DENISE M 1800 WHITE OAK DR EAU CLAIRE WI SEKEL, RICHARD M S 358 STEELE VALLEY RD MONDOVI WI TURNER, CHRISTOPHER J & DEBORAH 1100 PAVELSKI RD EAU CLAIRE WI VINOPAL, DANIEL 1200 PAVELSKI RD EAU CLAIRE WI WAGENER, MICHELE A & STEVEN A 9605 CRESCENT AVE EAU CLAIRE WI WEISS, DAVID J & CHERISE L 9726 CRESCENT AVE EAU CLAIRE WI WEISSINGER, DAVID & LUANNE N 7246 HIGHWAY 25 DURAND WI

27 EAU CLAIRE COUNTY PLANNING STAFF RECOMMENDATION REZONE NUMBER: RZN COMPUTER NUMBERS: PUBLIC HEARING DATE: August 25, 2015 STAFF CONTACT: Matt Michels, AICP, Senior Planner OWNER: Esther E Gonitzke, 1090 S Weldon Rd, Rockford, IL AGENT: Peter Gartmann, Real Land Surveying, 635 Fairfax St, Altoona, WI REQUEST: Rezone 9.9 acres +/- from A-1 (Exclusive Agriculture) District to (Rural Homes) District to sell the farmstead to family LOCATION: E5045 Hickory Rd, Eau Claire, WI LEGAL DESCRIPTION: Part of the NE¼ NE¼ and the NW¼ NE¼ of Section 26, T26N, R9W, Town of Pleasant Valley (complete legal description attached) SUMMARY The applicant proposes to rezone 9.9 acres of property from A-1 Exclusive Agriculture to Rural Homes to sell the farmstead to family. The remainder of the parent parcel, currently zoned A-1, will likely be rezoned and subdivided in the future, consistent with the future land use plan. BACKGROUND SITE CHARACTERISTICS: Property has an existing single family residence in the eastern portion of the proposed lot. Remainder of proposed lot is mostly wooded. Property to the north, east and south of the subject contain agricultural fields Property slopes to the south Overall property is 120 acres. A developer is considering purchasing the remainder of the property for the purpose of developing a single-family residential subdivision in the future. CURRENT ZONING: A-1 Exclusive Agriculture District. The A-1 exclusive agricultural district is established to A. Preserve those areas best suited for farming or agricultural use; B. Protect the agricultural economic base of the county; C. Entitle farms to tax credits under the Wisconsin Farmland Preservation Program; D. Minimize urban sprawl and its associated public expense; and E. Minimize land use conflicts between farms and non-farms. REQUESTED ZONING DISTRICT: The petition is to rezone the property described above from the A-1 Exclusive Agriculture District to the Rural Homes District. The purpose of the District is to provide for suburban large-lot development with individual on-site water and sewage disposal facilities. Minimum lot size in the District is one (1) acre. 27

28 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN Staff initially suggested rezoning the 9.9 acre property to A-2 (Agriculture-Residential, 5 acre minimum lot size) since the applicant stated they do not have any plants to subdivide the subject property at this time. However, the Town of Pleasant Valley recommends rezoning the property to, in consistency with the Pleasant Valley Comprehensive Plan, to allow future subdivision of the property without the need for rezoning. ZONING/LAND USE CONTEXT: LOCATION ZONING LAND USE Subject A-1 Single family residence & woodland North A-1 Agricultural fields East A-1 ( across Co. Hwy V) Agricultural fields; (single family residence) South A-1 Agricultural fields West A-1 (A-2 & west of parent parcel) Woodland; (golf course & single family residence) COMPREHENSIVE PLANS: Both the Eau Claire County and the Town of Pleasant Valley Future Land Use Maps include this property in the Rural Transition (RT) planning area, which is consistent with this rezone request. Following is a description of the intent of the applicable County and Town comprehensive plan future land use category and applicable policies: Eau Claire County: Rural Transition Intent and Description: The primary intent of this classification is to identify certain lands in proximity to developed areas, to be preserved in mainly agricultural and open space uses until such time as more intensive development is appropriate. As mapped, this designation includes farmland, scattered open lands, woodlots, agricultural related uses, cottage industries, mineral extraction operations, and limited low density single family residential development. The RT areas potentially represent prime candidates for intergovernmental agreements that lay out specific plans for land use, boundary changes, and fiscal arrangements. Applicable Policies: The following policies are applicable to this rezoning petition. 1. Continue to maintain and support farming and other agriculture uses, agricultural related businesses, cottage industries, forestry, mineral extraction, open space, and utility uses until such time as it has been determined by local plans that these areas are needed for additional non farm development. 2. For those Towns under County Zoning, density and zoning districts to be considered for new development shall be limited in accordance with all policies applicable to the Rural Lands classification, until such time as it has been determined by local officials in accordance with local plans, and the County Plan, that these areas are needed for additional non farm development. Town of Pleasant Valley: Rural Transition Comprehensive Plan Intent and Description: The primary intent of this classification is to identify certain lands in proximity to developed areas, to be preserved in mainly agricultural and open space uses until such time as more intensive development may be appropriate. As mapped, this designation may include farmland, scattered open lands, woodlots, Page 2 of 5 28

29 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN agricultural related uses, cottage industries, mineral extraction operations, and limited low density single family residential development. Within the horizon of this Plan, future development in the RT areas is expected to be consistent with the existing pattern of development; however, it is anticipated that over time these lands may be transitioned to more intensive development. Applicable Policies: The following policies are applicable to this rezoning petition. 1. Within the RT classification, new development shall be limited in accordance with all policies applicable to the Rural Preservation classification, until such time when the Town identifies that particular mapped area as appropriate for more intensive development using the following criteria. a. The Town shall prohibit new residential subdivision development within the Rural Transition areas until 75% of the lots within all existing improved subdivisions are developed, calculated at the time a development request is submitted. (Improved = lots which are ready to build, public road and electric service are constructed) 2. If and when development is warranted, areas within the RT classification shall be transitioned and new development shall be limited in accordance with all policies applicable to the approved future land use classification, which may include Rural Residential, Rural Commercial, or Rural Industrial. 3. The Town does not intend to require an amendment to the Future Land Use Map if and when it determines that land within the RT classification is appropriate for more intensive development. However, following such a determination, the rezoning of said land shall be required to accommodate the proposed development. Map updates should be done as part of annual or decennial updates to this Plan (Refer to Chapter 4 Implementation). The application has been found to be consistent with the intent and description and the applicable policies of the Eau Claire County and also appears to be consistent with the Town of Pleasant Valley Comprehensive Plan. ANALYSIS When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location; and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County s Comprehensive Plan. The rezoning petition has been evaluated for consistency with the purpose of District and the uses allowed in the district. The request is consistent with the purpose of the zoning code based on the following findings: The proposed rezoning is consistent with the Future Land Use plans for the County and the Town of Pleasant Valley The property is appropriately situated for the intended zoning and has access from Hickory Road However, no conceptual plan has been provided to evaluate how a future subdivision would conform to zoning requirements. Page 3 of 5 29

30 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN A-1 Rezoning Standards In addition, there are four standards for approving a rezoning of land from the A-1 Exclusive Agricultural zoning district to any other district. The following provides an analysis of this rezoning petition based on those standards: Standard 1 - The land considered for rezoning is suitable for uses allowed in the proposed zoning district based upon soil types, the site's location, and adjacent land uses Soils As depicted on the attached Soils Map, the soil type on the property to be rezoned is dominated by Billett Sandy Loam, which is considered to be Capability Class 3, a prime soil. However, the area to be rezoned is not in cultivation, possibly due to slope, topography, and drainage conditions. Site Location The site is located in proximity on the south side of Hickory Road approximately one-quarter (¼) mile west of County Highway I. The current uses include a residence and agricultural outbuildings. Adjacent Land Uses Uses in the area are a mixture of cropland, woodland, and rural residential use. Zoning in the area is also a mixture of A-1, A-2, and R-H zoning in the near vicinity of this property. Agriculture is limited by topography and soil capability. Standard 2 - The uses allowed in the proposed zoning district will be in conflict with remaining agricultural uses There is a minor potential for conflicts between non-farm residents and surrounding agricultural uses due to noises, odors, and other conditions or characteristics associated with farming, However, the primary intent of this rezoning is to divide the residence and outbuildings from the rest of the property, and a Right-to-Farm Acknowledgement, recorded with the County Register of Deeds, will be required for the proposed lot and any future lots permitted to be created as a result of this rezone. Standard 3 - Whether adequate public facilities and services are available or will be provided for uses allowed in the new zoning district Adequate facilities and services are available. Standard 4 - Whether the development allowed by the new zoning district will cause undue environmental degradation The proposed rezoning would not result in undue environmental degradation. Town Board Action: The Pleasant Valley Town Board met on Monday, August 17 th, 2015 to consider the rezoning petition and voted unanimously (3-0 vote) to recommend approval of the proposed rezoning. CONCLUSION The rezone petition has been evaluated for consistency with the following: Eau Claire County and Town of Pleasant Valley Comprehensive Plan future land use designations Eau Claire County and Town of Pleasant Valley Comprehensive Plan goals, objectives and policies Eau Claire County Zoning Ordinance, including purpose of the zoning code and allowable uses in District In addition, the following factors have also been considered: Input of surrounding property owners (within 660 feet). No correspondence has been received to date Town of Pleasant Valley Board action Page 4 of 5 30

31 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, RZN Staff finds that the proposed rezoning request is consistent with the Eau Claire County Comprehensive Plan and the Town of Pleasant Valley Comprehensive Plan. The Eau Claire County Comprehensive Plan recognizes that the proposed zoning district is consistent and therefore allowed within the mapped Eau Claire County and Town of Pleasant Valley Rural Transition future land use designation. Other non-farm residential subdivisions exist in proximity to this property. The only argument against the proposed rezoning is that a rezoning to would allow up to 9 lots to be created on this property. As discussed, staff recommended A-2 as the appropriate zoning district for this petition, given that the applicant stated that they do not intend to further divide the proposed 9.9-acre lot. However, the Town of Pleasant Valley considered this request as it relates to their comprehensive plan and approved it as submitted, recognizing the similar uses in the vicinity. Staff finds that the proposed rezoning request is consistent with the Eau Claire County Comprehensive Plan and the Town of Pleasant Valley Comprehensive Plan. The Eau Claire County Comprehensive Plan recognizes that the proposed zoning district is consistent and therefore allowed within the mapped Eau Claire County and Town of Pleasant Valley Rural Transition future land use designations. RECOMMENDATION Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the rezoning petition to rezone the approximately 9.9-acre property from the A-1 District to the District as depicted on the attached map and described in the attached legal description. Page 5 of 5 31

32 Enrolled No. ORDINANCE File No /044 - AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE TOWN OF PLEASANT VALLEY - The County Board of Supervisors of the County of Eau Claire does ordain as follows: SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of Pleasant Valley, Eau Claire County described as follows: Being part of the NE ¼ of the NE ¼ and the NW ¼ of the NE ¼ of Section 26, T26N-R9W, Town of Pleasant Valley, Eau Claire County, Wisconsin. Commencing at the N ¼ corner of Said Section 26, thence S E along the North line of said NE ¼ a distance of feet to the point of beginning; Thence continuing S E along said North line a distance of feet; Thence S W a distance of feet; Thence N W a distance of feet; Thence N E a distance of feet to the point of beginning. Said parcel containing 9.90 acres to be reclassified from the A-1 Exclusive Agricultural District to the Rural Homes District. SECTION 2 Where a certified survey map is required and may alter the above described property description, the official zoning district map for the town shall be automatically amended to reflect the property description of the certified survey map. ENACTED: I hereby certify that the foregoing correctly represents the action taken by the undersigned Committee on August 25, 2015 by a vote of for, against. Planning & Development Committee, Chairperson 32

33 33

34 34

35 35

36 36

37 37

38 38

39 39

40 40

41 41

42 1.60' ' 79.64' ' 56.32' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' (255.01') 3.02' ' ' ' ' ' ' ' ' ' ' ' ' S-4865 PL ' ' FORMERLY LO TS 10 & 11 SUBURBAN ACRES VACAT ED V 581 P ' ' ' 25.00' ' ' ' ' A ' A1 A A ' ' 46.18' ' A A A A A ' ' A1 T ' 264' A1 264' 50' 270' ' 380' LOT ' ' ' ' 110' ' ' ' A A ' ' ' ' ' ' ' 44.88' ' ' ' ' 66' 66' 66' ' ' ' ' 9.64' H ' ' ' ' 56.32' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' (255.01') 66' 3.02' 66' ' ' ' ' 66' ' ' ' ' ' ' ' 66' ' ' ' S-4865 PL ' ' FORMERLY LO TS 10 & 11 SUBURBAN ACRES VACAT ED V 581 P ' ' ' 25.00' ' ' ' ' ' ' A A A A ' ' 46.18' ' A A A1 A A ' A1 T ' 264' A1 264' 66' 66' 66' 66' 50' 66' 66' 270' ' 380' ' ' ' ' 110' ' A ' ' A A2 Existing Zoning Gonitzke Rezone Request: RZN inch = feet Future Land Use Overlay 1 inch = 833 feet 4-1-B ' 4-1-B ' A A CSM V7 P I LOT 4 S-2793 EAST ' 3.62' ' ' ' ADDITION CSM V7 P D,E ' 88.60' ' HILLS ' 50.00' ' ' 600' 2 CSM V7 P H LOT 3 S-2793 HICKORY PL ' 3-4-B,C 600' ' ' ' 4-3 Subject Property ' CSM V7 P117 LOT 4 S ' ' VIEW EAST I CSM V7 P117 LOT 1 S ' 88.60' COUR T ' ' ' ADDITION 3-4-D,E 60' R HILLS ' ' 50.00' ' ' 600' 2 CSM V7 P117 LOT 3 S-2793 HICKORY PL H ' 3-4-B,C 600' ' ' ' RL 4-3 Subject Property ' CTH " I" LOT 1 S-2793 ROAD HIC KORY ROAD CSM V16 P84 LOT 1 CE 4 A ' ' ' ' ' ' 6.68' ' ' 40.12' ' ' ' ' ' ' ' ' ' ' ' ' ' ' DAVID CT ' ' ' ' ' ' ' 861.3' ' ' INTERLACHEN BLVD ' ' ' 90.70' 62.85' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 1-4-B ' 1-4-A 1836' 330' ' ' 33.59' 33.36' 165' ' ' ' ' ' RR B 2-3-C CSM V6 P C S ' 215' LOT 1 S-548 CSM V5 P57 LOT 1 S-2226 CSM V1 P A R ' ' ' Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user relies on the map and results solely at their CSM V1 P93 own risk. 3-2-C RIDGE R Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet This map is a collection of public record information and was prepared as an ongoing commitment to provide quality and up-todate information to the public. This map is intended for information use only. Although significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are only as accurate as the source data from which they were compiled. These maps are intended to be advisory and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a Wisconsin Credentialed Land Surveyor, to determine precise property location. CE 6 7 A-1 RT Legend A1 A2 A3 AR C1 2-3-D C2 C3 F1 F2 I1 R3 RL RM 42 CSM 16 P84 LOT 1 9 CIR CLE BOU LEVAR D 18 PINEW OOD CIR CLE ' ' ' ' ' ' ' 6.68' ' ' 40.12' ' ' ' ' ' ' ' ' ' ' ' ' ' ' 861.3' ' ' ' ' ' ' ' ' ' ' COUR T 37 ESTATES ' 90.70' 77.23' 60' R 62.85' 76.32' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' BOU LEVAR D ' ' ' ' ' ' ' 1-4-B A PI Legend Future Land Use 330' 1836' ' ' 330' 33.59' 33.36' 165' ' ' ' ' ' 2-3-B 2-3-C CSM V6 P C LOT 1 S ' 215' Rural Residential Cluster Development Commercial/Industrial County Forest Natural Resource Protection Park & Recreational Public Institutional Recreational Commercial Rural Commercial Rural Hamelt Rural Industrial Rural Lands Rural Residential Rural Residential Mobile Home Rural Transition Urban Mixed Use RID GE CSM V1 P A CSM V5 P D LOT 1 S-2226 LOT 1 S-548 CSM V1 P C LOT 1 S-550

43 RZN GONITZKE ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 43

44 RZN GONITZKE Parcel Id NAME ADDRESS CITY STATE ZIP AHLUWALIA, ARUNDHATHI & SHARAT 190 MONTE CARLO DR EAU CLAIRE WI BEARROOD, ROBERT M & CATHLEEN M 3510 OAKDALE CT EAU CLAIRE WI BECKER, JOHN E 4580 CEDAR RD ELEVA WI BENRUD, MICHAEL K 3311 GOLF RD EAU CLAIRE WI ENGSTROM, JOHN R & JOAN M S 8635 COUNTY RD I EAU CLAIRE WI EVANGELICAL LUTHERAN ZION'S CONGREGATION E 3720 COUNTY ROAD HH ELEVA WI FARLEY, KEVIN 591 BLUE KARNER DR ALTOONA WI FORSTER, TIMOTHY E 4485 THERON LN ELEVA WI FRANKLIN, JAMES P & SUSAN E S 8235 GOLF VIEW DR EAU CLAIRE WI FREDERIKSON, CYNTHIA E 4505 PINEWOOD CIR ELEVA WI HICKORY HILLS GOLF LLP S 9825 LOWES CREEK RD ELEVA WI JENNIFER M THOMAS & DAVID E SCOTT TRUST E 4485 PINEWOOD CIR ELEVA WI JOHNSEN TRUST E 4500 HICKORY RD EAU CLAIRE WI JOHNSON, HOWARD C & DONNA J E 5566 HICKORY RD EAU CLAIRE WI KINDERMAN TRUST S 7523 COUNTY ROAD I EAU CLAIRE WI LORUSSO, FRANK P & CATHERINE A E 4470 CEDAR RD ELEVA WI MALNORY, MARK P & LAURI R E 4600 HICKORY RD EAU CLAIRE WI NEMITZ, BENJAMIN A & GWEN M E 4515 PINEWOOD CIR ELEVA WI PAPKE, EVERETT J & LOIS J S 8020 HILLVIEW RD EAU CLAIRE WI PURDIAK, PATRICK & VIRGINIA S 8255 GOLF VIEW DR EAU CLAIRE WI SCHOTT, WADE S 8455 COUNTY ROAD I EAU CLAIRE WI SPICKLER, CLIFFORD V & DEBRA L 1500 BIRCH HILLS DR EAU CLAIRE WI SWANSON HOMES LLC 2127 PO BOX EAU CLAIRE WI VALENTINE TRUST, JOHN P & MILDRED M E 4455 GOLF VIEW CT EAU CLAIRE WI

45 EAU CLAIRE COUNTY PLANNING AND DEVELOPMENT STAFF RECOMMENDATION CONDITIONAL USE PERMIT NUMBER: CUP COMPUTER NUMBERS: PUBLIC HEARING DATE: August 18, 2015 STAFF CONTACT: OWNER: APPLICANT: REQUEST: LOCATION: LEGAL DESCRIPTION: Rod Eslinger, Land Use Supervisor Scott and Cheryl Schmidt, E County Road HH, Osseo, WI Same as owner Conditional use permit for a tourist rooming house E County Road HH, Osseo Part of the SW ¼ or the SE ¼, of Section 14, T25N-R8W, Town of Clear Creek, Eau Claire County, Wisconsin SUMMARY The request is to operate a 10 room tourist rooming house from a single family residence at E County Road HH, Osseo, WIsconsin. BACKGROUND REQUEST CHARACTERISTICS: The property is 5 acres. The property is zoned A2 District. The facility would be available for large private group events for scrapbooking, quilting, church and family groups. The site was the former Foster School House. The applicants formerly occupied the house but since have moved to another location. The site plan revealed that there are 38 parking spaces onsite with two spaces available in the attached garage. The site is located on County Road HH approximately ¼ miles west of the US 53 and County Road HH intersection. Dan Peterson, Environmental Health Specialist with the Eau Claire County Health Department indicated that the applicants can operate 10 rooms for four days per week with a maximum occupancy of 42 people. The applicant indicated that the Foster Retreat Center will be open 10 a.m. Thursday through 10 a.m. Monday weekly. CURRENT ZONING: The purpose of the A-2 District is to "Provide an areas for limited residential and hobby farm development in a rural atmosphere" and to "preserve the county's natural resources and open space." 45

46 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP ADJACENT ZONING & LAND USES: DIRECTION ZONING LAND USE North R-H Hobby farm West A-2 Residential Single Family South A-1 Field East R-H Residential Single Family LAND USE PLANS: The County Land Use Plan, adopted in 2010, includes this property in a Rural Lands planning area. Rural Lands (RL) Intent and Description: The primary intent of these areas is to preserve productive agricultural lands, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. APPLICABLE ZONING REGULATIONS Section Purpose. This section describes the purpose of the zoning code. Generally, the purpose of the zoning ordinance is as follows: to separate incompatible land uses from one another; to maintain public health and safety; to protect and conserve natural resources; to prevent overcrowding; to preserve property values; and to maintain the general welfare of the citizens. Section Tourist Rooming House. It is the intent of this section to set standards under which a single-family dwelling may be used as a tourist rooming house. Tourist rooming houses are conditional uses, as regulated by Chapter 18.21, and may be permitted in the following districts: A-1, A- 2, A-3, A-R,, RL, RM, C-1 and C-3. Chapter Conditional Uses. Standards for approval of conditional uses: 1) the use must be in conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic congestion or hazards. ANALYSIS: The following is an analysis of the request based upon the standards for approval of conditional use permits: Chapter Conditional Uses. Standards for approval of conditional uses: 1) The use must be in conformance with the purpose of the zoning district it is located in; Tourist rooming houses are allowed in the A-2 District with a conditional use permit approval and the request conforms to the requirements of a tourist rooming house. 2) The use will not be injurious to the use and enjoyment of other property in the immediate vicinity; It appears that proposed use will not affect the use and enjoyment of other property as long as the terms of the permit are followed and the ordinance standards are met. The use of the residence as a tourist rooming house does not appear to be injurious to the use and enjoyment of other properties in the area. Page 2 of 4 46

47 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP ) Adequate utilities, access, drainage and other necessary facilities have been or are provided; The property is served by utilities necessary to support the use. 4) Adequate off-street parking is provided; Adequate off-street parking exists. The site plan reveals that there are 38 off street parking spaces and two spaces provided in the attached garage. This plan appears to meet the off street parking requirements. On street parking is prohibited. 5) Adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to neighboring properties; Pets are not allowed, and the application indicated that there will be no outside activities after 10 p.m.. Establishing quite hours will also help minimize nuisance issues. 6) Soil conditions are adequate to support the use; It appears the soils are adequate to support the use. 7) Access does not pose traffic congestion or hazards; The site has an existing access off of County Road HH. TOWN BOARD ACTION: The Town of Clear Creek Town Board met on June 14, 2014 and voted to approve the conditional use permit for a tourist rooming house. STAFF CONCLUSIONS AND RECOMMENDATION: Staff has concluded that proposed tourist rooming house is consistent with the standards for conditional use permits, and with the purpose of the zoning code. Staff recommends approval of the conditional use permit with the following conditions: 1. The conditional use permit is granted for a tourist rooming house (family gathering and crafting retreat). The site plan, building drawings and the narrative shall be attached to and made part of the permit. 2. Property owner must obtain the proper licensing from the state and/or county for the operation of a tourist rooming house. 3. Property must be in compliance with all applicable laws and regulations including, but not limited to, the uniform building code and sanitary provisions. 4. The maximum capacity of the rooming house shall be 40 persons with a 10 bedroom limit. 5. Due to septic system sizing, the rooming house can operate a maximum of four days per week. 6. Accessory structures and/or buildings shall not have habitable living spaces including, but not limited to, sleeping accommodations, kitchens, living spaces. 7. Tents or recreational vehicles, such as pop-up campers or motor homes or other means of overnight stay, are prohibited. 8. The applicant is responsible to maintain the property free of debris and shall maintain the property that complies with Sections to of the County Code that pertain to refuse accumulation, solid waste disposal, garbage and recycling, hazardous stances, human health hazards, and public nuisances. 9. Adequate parking must be provided for on the applicant s property, and parking is not allowed within the road right-of-way. 10. The property must remain free from citations and/or charges for nuisances, disorderly conduct, or any other illegal activity. 11. One six-square-foot on premise sign is allowed. The sign must be placed outside of the road right-of-way. A sign land use permit is required to be obtained from the department before the sign can be installed. 12. There must be a 24-hour contact number available for public complaints and/or inquiry. 13. Quiet hours may be established by the committee. Staff recommends that the quiet hours are from 10 p.m. to 6 a.m. 14. If pets are allowed, all pets shall be contained on the property during the stay of the tourist. 15. Applicable local, county and state permits shall be referenced on any type of advertising, including on the internet and shall be prominently displayed and in a conspicuous location on the Page 3 of 4 47

48 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP property. 16. All outside lighting shall be shielded downward to reduce glare to adjacent properties and not to cause light pollution. Any new lighting will be required to be shielded as to direct the light source downward. 17. The Land Use Supervisor can approve minor alterations from the terms of the permit. A major change does require the approval of the committee at a public hearing. 18. The owner shall allow staff from the Eau Claire County Department of Planning and Development to enter the property at reasonable times to inspect the premises for compliance with the conditions of this permit. 19. The permit is subject to Sections to of the Zoning Code. These provisions establish when a conditional use permit lapses, the conditions under which it can be revoked, and when a CUP expires due to the abandonment of a use. Page 4 of 4 48

49 49

50 50

51 51

52 52

53 53

54 54

55 55

56 56

57 57

58 58

59 59

60 60

61 61

62 62

63 63

64 64

65 65

66 66

67 CUP SCHMIDT ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 67

68 CUP SCHMIDT Parcel Id NAME ADDRESS CITY STATE ZIP BURNAM, GARY R & PATRICIA J S US HIGHWAY 53 OSSEO WI DEINHAMMER, ANDREW J & MICHELLE L E COUNTY RD HH OSSEO WI DEWITZ, THOMAS J E COUNTY RD HH OSSEO WI HOLDEN, BEVERLEY S US HIGHWAY 53 OSSEO WI HOLDEN, PAMELA S WREN RD OSSEO WI HOLDEN, SHAWN S WREN RD OSSEO WI ISAACSON, PAUL L & MARCELLA M S US HIGHWAY 53 OSSEO WI LOWE, JOHN D 918 LAKESIDE AVE EAU CLAIRE WI MASON, ARLENE 7751 NO FISH BAY RD SAINT GERMAIN WI MEDFORD, ROBERT L & BARBARA J E COUNTY RD HH OSSEO WI RAUTER, PAUL H & LINDA L S COON ST OSSEO WI THOMA, MARCEL L E COUNTY RD HH OSSEO WI WATHKE, RODNEY W S US HIGHWAY 53 OSSEO WI

69 EAU CLAIRE COUNTY PLANNING AND DEVELOPMENT STAFF RECOMMENDATION CONDITIONAL USE PERMIT NUMBER: CUP COMPUTER NUMBERS: Multiple parcels PUBLIC HEARING DATE: August 20, 2015 STAFF CONTACT: OWNER: APPLICANT: REQUEST: LOCATION: LEGAL DESCRIPTION: Rod Eslinger, Land Use Supervisor Fairchild Silica, LLC U.S. Silica Company, 200 N. La Salle, Suite 2100, Chicago, IL Construction of a railroad spur in the shoreland-wetland district E County Road RR, Fairchild, WI Portions of Sections 20, 27, 28, 29, 33, 34, T25N-R5W, Town of Fairchild SUMMARY Fairchild Silica, LLC, a subsidiary of U.S. Silica Company, requests a conditional use permit to construct rail infrastructure in the shoreland-wetland district of an unnamed tributary to Bridge Creek, consisting of a manifest track, load out spur, and unit train. The proposed rail improvements will impact 8.84 acres of wetlands that are considered shoreland wetlands. As indicated in the narrative the manifest track includes approximately two days worth of rail cars to account for rail disruptions, and when combined with the load out spur provides space for 200 rail cars. The load out spur is designed to address a grade change from the mainline to the load out facility (plant). Finally the unit train is design to accommodate two 100-car capacity rail sections to provide for an empty unit train and one full unit train. The narrative indicates that six alternatives were evaluated as part of analysis process to avoid, or minimize, impacts of the wetlands. The preferred alternative was selected as it avoids impacts to high quality wetlands, wetland edge habitat, and habitat fragmentation. A trucking alternative was considered which would have avoided all impacts to the wetlands; however, this option was not selected by the applicant as it was not a practicable alternative due to the high number of trucks required to transport the sand, potential trucking issue, truck noise, dust, and associated environmental impacts. Further, the applicant stated the development agreement signed with the Town of Fairchild only permits trucking of the finished sand in an emergency. BACKGROUND SITE CHARACTERISTICS: The applicant proposes to mine and process sand from a nonmetallic mine onsite. The total project area contains 673 acres. The planned rail infrastructure will connect applicant s sand processing plant to Union Pacific rail road main line. 69

70 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP Barr Engineering, engineer for the applicant, as part of the wetland mitigation and compensation analysis, developed six practicable alternatives analysis following the guidance of the U.S. Army Corps of Engineers and the Wisconsin Department of Natural Resources. The selected preferred alternative will impact approximately 8.84 acres of wetlands. Of the 8.84 acres of wetlands to be impacted, 4.51 acres of those wetlands lie in the Union Pacific Railroad right-of-way and the remaining 4.33 acres of wetlands to be impacted lie on the applicant s property. Under federal preemption law, the Surface Transportation Board has authority over all rail construction and maintenance of rail road within a rail road right-of-way. The applicant filed Individual Joint Wetland Permit Application with the Wisconsin Department of Natural Resources and the U.S. Army Corps of Engineers to determine that type of wetland mitigation and compensation that is required. Wetland mitigation would involve the applicant purchasing wetland credits to offset the impacts and loss of wetlands at this site. Compensation involves the applicant submitting an in-lieu fee payment to the WDNR and U.S. Army Corps of Engineers to be used by the agency on wetland programs, including the future purchase of wetland banks. The rail improvements were designed to minimize flooding impacts on Bridge Creek and the several unnamed tributaries that discharge to Bridge Creek. Part of rail road improvements include improving the rail road crossing at South Center Road and the Union Pacific main line. CURRENT ZONING: Shoreland-wetland District ADJACENT ZONING & LAND USES: DIRECTION ZONING LAND USE North Shoreland/Unzoned Union Pacific Railroad West Shoreland/Unzoned Woodlands/Agricultural Fields South Shoreland/Unzoned Mine Site, Single Family Homes, Farm, Agricultural Fields East Shoreland/Unzoned Union Pacific Railroad/US HWY 12 LAND USE PLANS The County Land Use Plan, adopted in 2010, includes this property in a Rural Lands planning area. The Town of Bridge Creek has not adopted a land use plan in accord with Wi. Stats Rural Lands (RL) Intent and Description: The primary intent of these areas is to preserve productive agricultural lands, protect existing farm & forestry operations from encroachment by incompatible uses, promote further investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat and open spaces. In other words, to preserve the rural character of these areas. APPLICABLE ZONING REGULATIONS Section Purpose. This section describes the purpose of the zoning code. Generally, the purpose of the zoning ordinance is as follows: to separate incompatible land uses from one another; to maintain public health and safety; to protect and conserve natural resources; to prevent overcrowding; to preserve property values; and to maintain the general welfare of the citizens. Page 2 of 3 70

71 EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP Section Shoreland-wetland district. 3. Uses which are allowed upon the approval of a conditional use permit by the committee or conditional use contract by the department as outlined in : e. The construction and maintenance of railroad lines, provided that: i. The railroad lines cannot as a practical matter be located outside the wetland; ii. Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland; Chapter Conditional Uses. Standards for approval of conditional uses: 1) the use must be in conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic congestion or hazards. STAFF CONCLUSIONS AND RECOMMENDATION: Staff concludes that the Fairchild Silica, LLC, conditional use permit request to install a rail road line in shoreland-wetland district in Eau Claire County meets the standards of chapter 18.21, and conforms with the purpose of the zoning code. Staff recommends approval of the conditional use permit with the following conditions. 1. The materials submitted with the application shall be attached to and made a part of the permit, and all development of the site shall be done in accord with the site plans for the preferred alternative option. 2. This permit is not valid until all applicable local, county, state and federal permits/approvals are applied for and obtained prior to the commencement of any construction activities for the rail infrastructure as proposed in the preferred alternative option. This includes, but is not limited to, the Wetland Individual Permit from the Wisconsin Department of Natural Recourses and U.S. Army Corps of Engineers, Eau Claire County Storm Water and Erosion Control Permit, and approval from the Surface Transportation Board. The applicant or the applicant s engineering firm shall provide all permits to the department for verification. 3. Any filling, excavating, ditching or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetland. 4. The committee may require that the applicant submit a financial assurance to cover the removal of the rail infrastructure that lies on the applicant s property and the restoration of all disturbed areas in the event that the applicant does not find a tenant or purchaser five years from ceasing U.S. Silica s operations. 5. All disturbed areas shall be stabilized with best management practices as soon as practicable. 6. The applicant shall notify the Land Use Control Supervisor upon completion of the project so that staff can verify compliance with the terms of this approval. 7. The Land Use Supervisor can approve minor alterations from the terms of the permit. A major change requires the approval of the committee at a public hearing. 8. The owners shall allow staff from the Department to enter the property at reasonable times to inspect the premises for compliance with the conditions of this permit. 9. The permit is subject to Sections to of the Zoning Code. These provisions establish when a conditional use permit lapses, the conditions under which it can be revoked, and when a CUP expires due to the abandonment of a use. Page 3 of 3 71

72 72

73 73

74 74

75 75

76 76

77 77

78 78

79 ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 79

80 ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 80

81 CUP FAIRCHILD SILICA Parcel Id NAME ADDRESS CITY STATE ZIP BENSON FAMILY TRUST E W BRANCH RD FAIRCHILD WI BORNTRAGER, DENNIS F & DORA E S SANDY DR FAIRCHILD WI BRUENJES, EUNICE S S CENTER RD FAIRCHILD WI CLEVELAND, CRAIG E S8211 BARTIG RD AUGUSTA WI EAU CLAIRE COUNTY 721 OXFORD AVE EAU CLAIRE WI GRIBBLE, TAMMI L 6925 SHERIDAN RD KENOSHA WI GURTNER, MATTHEW J & TASHA L 2717 COLLEEN ST NE ROCHESTER MN HANSTAD, SCOTT D & NICOLE S 1517 S CLOVER KNOLL PL NEW BERLIN WI HORVAT, PAUL A S US HIGHWAY 12 FAIRCHILD WI KING, ROGER F S S CENTER RD FAIRCHILD WI LISINSKI, JAMES ETAL, BARR, ROBERT G 2203 E VOLLMER MILWAUKEE WI MATYSZCZYK, CLIFFORD 1295 N MORGAN RD OCONOMOWOC WI MILLER, MAHLON JR & SARA A S GERTH RD FAIRCHILD WI PAPENTHIEN ET AL, JEFFERY W W 237 N6491 ORCHARD DR SUSSEX WI PETERSON, DANIEL G & MARILYN F E SANDY DR FAIRCHILD WI REMKUS, GERALD E & PATRICIA M S OAK LN FAIRCHILD WI SHROCK, JACOB E COUNTY ROAD RR FAIRCHILD WI SWAN, TRACY J & JAMIE L S OAK LN FAIRCHILD WI UNION PACIFIC RR CO, ATTN: PROPERTY TAX 1400 DOUGLAS ST OMAHA NE

82 REPORT: TO: FROM: Eau Claire County DEPARTMENT OF PLANNING AND DEVELOPMENT Eau Claire County Courthouse, Rm Oxford Avenue Eau Claire, Wisconsin (715) Committee on Planning and Development Rod Eslinger, Land Use Supervisor, Land Use Controls Division Housing & Community Development Emergency Services Management Real Property Description Land Use Controls Building Inspection Land Conservation Planning County Surveyor DATE: Wednesday, August 19, 2015 RE: Nonmetallic Mining Reclamation Plan Review Fees At the August 12, 2015 meeting of the Committee on Planning and Development, staff was directed to evaluate the nonmetallic mining reclamation fees to ensure they are adequate to offset the costs incurred by the county for review of reclamation plans. In addition, the committee wanted to make sure the county had the ability to adjust review fees for enhanced features such as lined ponds, restored wetlands, and lakes that are part of the planned reclamation plan for a site. As part of the 2015 budget process the County Board approved the current plan review fee schedule for nonmetallic mining reclamation plans in accord with the Committee s recommendation. The current plan review fee schedule is as follows: Section PLAN REVIEW FEES (one-time fee based on the life of the mine) a acres: $1,000, b acres: $3,000, c acres: $8,000, d acres: $10,000, e acres: $12,000, f acres: $15,000, g acres: $18,000, h acres: $21,000, i ,000 acres: $24,000, j. 1,000 acres or more: $26,000. The department has processed one nonmetallic mining reclamation application (Fairchild Silica, LLC.) since the fees were increased last year. Based on estimated staff costs to review the Fairchild reclamation application, staff is recommending that the committee consider amending the plan review fees to cover the actual costs associated with the review of a reclamation plan and to account for cost of inflation. Section PLAN REVIEW FEES (one-time fee based on the life of the mine) a acres: $1,000, $1,500, b acres: $3,000, $3,500, c acres: $8,000, $8,500, 82

83 d acres: $10,000, $10,500, e acres: $12,000, $13,000, f acres: $15,000, $16,000, g acres: $18,000, $19,000, h acres: $21,000, $22,000, i ,000 acres: $24,000, $25,000, j. 1,000 acres or more: $26,000, $28,000. Staff also recommends that the committee increase plan modifications from $250 to $1, A separate plan review fee of $250 1,000 shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to A. Lastly, the committee asked that staff create a fee for reclamation plans that feature recreational water resources, such as lined ponds, wetland restorations, and/or lakes. Staff is recommending that the Committee consider creating section A. 6. of the County Code to cover review costs for these features. 6. The plan review fees for reclamation plans featuring recreational water resources, such as lined ponds, wetland restorations, and/or recreational lakes, will be estimated and charged based upon anticipated costs of time and materials to fully process the permit application. Enclosed is a copy of Chapter 18.95, Fees. RJE 83

84 Chapter FEES Sections: Application and Annual Report Fee Department of Natural Resources Fees Public Notice and Hearing Fees Application and Annual Report Fee. A. An application for a permit shall be accompanied by a reclamation plan review fee. The reclamation plan review fee shall be as follows: 1. PLAN REVIEW FEES (one-time fee based on the life of the mine) a acres: $1,000, b acres: $3,000, c acres: $8,000, d acres: $10,000, e acres: $12,000, f acres: $15,000, g acres: $18,000, h acres: $21,000, i ,000 acres: $24,000, j. 1,000 acres or more: $26,000. *Fees are established as base rate fees. In addition to the plan review fee, applicants shall be responsible for the payment of all reasonable expenses of the department for retaining outside expert assistance in analyzing the applicant s application and its conformity to the requirements of the Subtitle IV, Nonmetallic Mining Reclamation Ordinance. 2. A separate plan review fee of $250 shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to A. 3. Proposed changes to a previously approved reclamation plan shall be subject to plan review fees based on the area affected by the plan changes. 4. Mine size is in acres rounded to the nearest whole acre. Does not include mines less than 1 acre. 5. In addition to the stated fees, applicants shall be responsible for the payment of all reasonable expenses of the committee on planning and development for retaining outside expert assistance in determining conformity with the requirements of the Nonmetallic Mining Reclamation Ordinance. B. The annual report fee shall be paid no later than January 31. The annual report fee is based on the unreclaimed acreage of the nonmetallic mining site from the previous year. A fee of $100 per acre shall be submitted for each acre rounded to the nearest whole acre not released pursuant to , but the total annual fee shall not be less than $ /7/14 84

85 C. Walk-through and after-the-fact permit fees shall be double the application fees. D. Fees are not refundable after a permit has been issued. E. Reduced Fee for Inactive Mines. Any site on which no nonmetallic mining activity has taken place in the previous calendar year shall be assessed a fee as follows: 1. ANNUAL FEES FOR INACTIVE MINES a. 1-5 acres: $100, b acres: $200, c acres: $300, d acres: $400, e acres: $500, f acres: $600, g acres: $700, h. 201 acres or more: $ For nonmetallic mining sites at which no nonmetallic mining has taken place in the previous calendar year, the share for the Wisconsin Department of Natural Resources shall be $15. (Ord , Sec. 1-4, 2014; Ord , Sec. 19, 2011; Ord , Sec. 15, 2007; Ord , 2001) DNR Fee. In addition to the fee listed in the operator shall submit to the department an annual permit fee which shall be paid to the DNR as set forth in Wis. Admin. Code NR (3). (Ord , Sec. 16, 2007) Public Notice and Hearing Fees. A. Public Notice Fee. A public notice fee of $700 shall accompany applications which require a public notice under this chapter. B. Public Informational Hearing Fee. A public informational hearing fee of $225 shall be paid by the applicant when a public information hearing is required under this chapter. C. All requests for a public hearing before the board of land use appeals shall be accompanied by a fee as set forth in Chapter This fee is in addition to any other fee required by this chapter. (Ord , Sec. 14, 2012; Ord , Sec. 20, 2011; Ord , Sec. 17, 2007; Ord , 2001) /7/14 85

86 86

87 87

88 88