The Planning and Regulations Committee of the DeKalb County Board met on August 22, 2001 at 7:30 p.m. in the DeKalb County Administration Building, Conference Room East. In attendance were Committee Members Roger Steimel, Marlene Allen, James Barr, Howard Lyle, Clifford Simonson, Thomas Smith and Veronica Casella, and County staff Paul Miller and Marcellus Anderson. Audience members included Greg Milburg David Witheft, Tracy Jones, Terri Tuntland, Larry Engelsman, Clem Stiely, Paul Mollet, and Paul and Josephine Hopkins

Mr Steimel, Vice Chairman, called the meeting to order.He also announced that Robert Hutcheson will be coming home from the hospital tomorrow (August 23, 2001) and that he is reportedly doing much better and making progress.

 

Acting Chairman Steimel announced that a second vice-chairman would have to be nominated and elected this evening. Also, Mr. Miller added to items to the agenda. He stated that Item 4 a) Is regarding Mayfield Township requesting waiver of the building permit fee for the new Township building, and 4 b) a request from Immanuel Lutheran Church for waiver of the building permit fee for a new building.

Steingtunt Vineyards and Winery, Inc. has filed a petition for a Special Use Permit to allow for the production of wine from crops grown on property zoned A-1, Agricultural District, and the tasting and sale thereof at wholesale and retail. The vineyard would consist of 10 acres of a 123-acre farm located on Waterman Road.

The Hearing Officer conducted a hearing on July 19, 2001. No members of the public spoke in opposition of the petition. Staff requested information on the hours of operation, number of customers or visitors, types of activities associated with the winery, square footage of the sales area, types of merchandise which might be sold along with the wine, etc. The petitioners were not sure about these details at the time of the hearing. Staff recommended that perhaps the Special Use could be granted for a limited number of years during which time the petitioners could work out details concerning the operation of the winery and the associated uses.

The Hearing Officer recommended approval of the Special Use Permit, with the condition that it be granted only for a period of three years. This would allow the winery to begin operations and give a period of time for the unknown aspects or their decisions to be clearer. Mr. Miller added that after the three year period, the petitioners could return to the County for permanent Special Use Permit.

Mr. Steimel asked the Committee Members is they had questions? Mrs. Allen asked if the property was sold, would the same Special Use be permitted on the property? Mr. Miller said that it would not be transferable. Mrs. Casella asked if wine would be sold on the property? Mr. Tuntland said yes it would be eventually. Mrs. Casella asked if the petitioners had all the necessary licenses with State and others? Mr. Tuntland said that they are aware of the need to acquire State and Federal licenses for the winery. But he added that it will take approximately three years to produce any wine. Mr. Simonson asked how soon the operation would be at full capacity? Mr. Tuntland answered that presently three acres are planted and a new field will be added each spring. He thought that the full production of the crop would take eleven or twelve years. He said that there would be a small amount produced this Fall. Mr. Smith asked why wine production verses other crops? Mr. Tuntland stated that the soil is not a high quality soil for farming. It is mostly gravel and clay. Mrs. Allen asked if he was stating this soil was not suitable for other crops? Mr. Tuntland answered that was correct.

 

Mayfield Township has filed for a Special Use Permit for a new township office and garage on two acres on the west side of Church Road. The parcel is zoned A-1, Agricultural and is currently part of a 160-acre farm.

Mr. Miller stated the Hearing Officer had a hearing on July 19, 2001. He added that the petitioner’s attorney, David Witheft, and the Township Road Commissioner, Paul Mollet, presented evidence and testimony in support of the requested Special Use. No members of the public were there to speak in favor or opposition of the petition. The Hearing Officer recommended approval of the Special Use Permit, with conditions. Mr. Miller added that Mayfield Township has requested the fee for the petition be waived as well as the building permit fee. The Committee can make this decision without it going on the full County Board.

Mr. Steimel stated that he reviewed his packet and noted that the Natural Resource Department reported seasonal ponding on the property. He asked if they had considered this? Mr. Willeft answered that their engineer for the project had assured them that the run off is precisely calculated for the stormwater detention. Mr. Simonson asked if the water would be collected with the berm through a four inch pipe? Mr. Witheft answered that was correct. Mr. Withelft added that the property will be purchased by the building contractor and leased by the township since the township cannot own land.

 

INTERIM SPECIAL USE - - Request of Josephine and Paul Hopkins for approval of continued operation of "Josie’s Antiques,: located on property at 15454 State Rte. 38 in Cortland Township, Petition CO-01-24

The Hopkins have requested an Interim Special Use Permit to continue operation of an antique sales business. The subject property is located on the south side of Route 38 in Cortland Township. The original Interim Special Use for the antique sales was approved for a period of five years, and expired on June 19, 2001. The use began in 1996.

Mr. Miller stated that the public hearing was held and nine members of the public spoke in favor of the request, expressing the opinion that the use is unique and appropriate to the site, that it preserves the historic farm buildings on the property, that it creates a special atmosphere that draws people not from the area alone, but from around the area. The petitioners also submitted a letter of support and a petition of support signed by approximately 295 people. No members of the public spoke in opposition.

Mr. Miller added that staff recommended denial of the Interim Special Use, based on the fact that after five years the use could no longer be considered "temporary." Staff noted that the issue is not whether the business is good, but whether it meets the regulations. The Zoning Ordinance does not accommodate this type of use in the A-1 District. Staff recommended that a better solution is to amend the text of the Zoning Ordinance to create a new type of permanent Special Use that would allow retail and service operations associated with the preservation of agricultural buildings, provided such uses are clearly incidental, subordinate and compatible with agricultural uses.

Mr. Miller said the Hearing Officer recommended approval of the Special Use Permit for a period of three years, with the same conditions as applied to the original approval. The Hearing Officer also strongly recommended amending the Zoning Ordinance.

Mr. Steimel stated that he felt the recommendation by staff and the Hearing Officer held a lot of merit to amend the zoning ordinance. Mr. Miller stated that on the negative aspect, it would open the County up to law suits unless the criteria is written very clearly. Mrs. Casella agreed. Mrs. Allen asked if the Committee could recommend five years instead of three so the petitioners would have longer before they had to come back and re-petition. Mr. Miller stated that the Committee could do this. However, the Hopkins would come right back to the County for a permanent Special Use one the amendment was written and approved.

 

Mr. Miller presented the draft budget for the Planning and Zoning Department, noting that the budget is flat when adjusting for the 3.4 percent cost of living increase.

Mr. Simonson asked if everyone was aware of a four hour hearing that occurred held by the Preservation Housing Development with the goal of preserving farm land. Mr. Simonson presented an explanation of the soils typically found in DeKalb County, which make it uniquely suited for agricultural. He emphasized that his taxes have quadrupled in the past few years. He stated it was because of the residential development that has occurred, and that existing uses are being forced to subsidize new development. He noted that the County annually appropriates $35,000 for the Economic Development Corporation, and he felt the County should dedicate a similar amount to agricultural preservation efforts.

 

Mr. Lyle nominated Mrs. Allen. No other nominations were made.