Opposition in front of Twin Lakes/Randall Smart Growth Committee

September 20, 2004

Smart Growth Committee
Randall/Twin Lakes, Wisconsin
Attn: Bob Stoll, co-chairman:

Please submit my formal comments to the Smart Growth Committee regarding the formal request made by Thelen Sand and Gravel for a change to the applicable zoning, smart growth plans and official maps to permit them to mine sand and gravel in Randall Township. I understand that you are co-chairman of the Smart Growth committee and I therefore provide these comments to you for submission and inclusion in the review of the Thelen application.

I am formally opposed to this application on several grounds:

The Thelen application creates a land use conflict for the surrounding areas: The proposed mine is located in an area surrounded by dozens, if not more than 100 homes within the projected impact zone. The first principle of Smart Growth is to avoid conflicting land uses where zones meet each other. In fact, this application is completely out of sync with the local use in the area, as well as with the overwhelming wishes of the residents of our community.

The Thelen application runs contrary to the nature of our community and the desires of our citizens: over 90% of the respondents to the surveys sent out by the Smart Growth committee made it clear that they desire to maintain the rural and low-density residential character of our town. Inserting a heavy industry operation such as a mine into our community clearly overturns all the values held dear by an overwhelming majority of the citizens of this town.

The Thelen application creates hardship and loss of value to numerous other residents: In balancing the rights and equities under Smart Growth, and in fact, for any application for a conditional use permit, the impact on neighbors is one of the primary considerations. The Kenosha County zoning ordinances in fact indicate that Sand and Gravel Mines are considered to be in a category so detrimental to local conditions that they have to comply with far more application requirements than normal zoning or conditional use permit applications. The impact on the neighbors includes air pollution, noise pollution, vibration, impact on ground water and wells, impact on wetlands and migratory birds and other wildlife, impact on open space and relaxed country living, impact on property values, and impact on the health and well-being of the neighbors due to the known negative health consequences of airborne particulate matter, dust and other pollution consequences, impacts of traffic, impacts on roads, and contamination of the site as well as creating an eyesore. Under the Kenosha County Zoning Ordinances in fact, issues such as impact on land and property values of other homeowners and the nuisance impacts of sand and gravel mining are extensively discussed. Clearly 100 or more families should not see their investment in their largest single investment (their homes) harmed in order to enrich one landowner, particularly when we recognize that the one landowner bought the land knowing it was Agricultural, while the 100 or more landowners bought their land knowing the long-term zoning and community development characteristics that brought the land values to the properties they bought over the years.

Thelen has no “equity rights” to a change in zone: Whereas the surrounding neighbors have paid ever-increasing property prices, higher interest on those higher land and home values and higher property taxes due to higher assessments, Thelen purchased the land as A-1 Agricultural reserve and has obtained preferential tax treatment for that land for some 30 or more years. Thelen has no right to expect that A-1 land will be rezoned to a mining use, and certainly the residents in the neighborhood affected have a right to expect that zoning changes will be “incremental” and not detrimental or devastating to their expectation of use and value of their own property. Inserting a mine into this community would irrevocably harm the property values and expectation of enjoyment of their property to be expected by all the neighbors; while denial of this mine would not harm any “expectation” that Thelen had since they purchased the land knowing it was zoned agricultural.

Smart Growth Planning requires consistency and harmony of use where zones abut: The environmental and socio-economic impacts on surrounding landowners and residents is substantial from implementation of a mine and is irreversible; thus, it should be disfavored and refused.

A1 Agricultural land is to be preserved: The mandate in the State of Wisconsin is to attempt to preserve open space and A-1 Agricultural zoning with a bias in favor of maintaining this land use. To the extent that such land is taken out of agriculture it should be done cautiously and with an eye on the surrounding land uses.

The community and the neighborhoods do not benefit from this mine: Thelen primarily sells their sand and gravel to customers in the State of Illinois and to Wisconsin communities outside of Randall. The small percentage of the sand and gravel that would find its way into Randall certainly does not offset the enormous harm to the community and the land and property values of the residents. Thelen has the opportunity to find other locales where sand and gravel can be acquired and which are not going to disrupt residential communities nearby as would happen in Randall.

Serious health consequences are anticipated to the neighboring residents: Sand and gravel mining causes air pollution in the form of both PM10 particulate matter and general airborne dust. The presence of airborne silica also is a serious problem. It is recognized that young children and the elderly especially have serious negative health consequences in the presence of this type of pollution. The proposed mine is located immediately adjacent to dozens if not more than 100 homes, many of them with young children who will be exposed to serious health risks.

There are numerous consequences additionally: The impact on traffic, roads, congestion, air and water quality, wells, vibration impacts on homes, contamination of groundwater, disturbance of wetlands and wildlife, noise pollution, visual pollution (eyesore), and property values are just some of the many consequences that can be foreseen from putting a mine here. It should be noted that just because a resource “exists” somewhere, it does not mean that it must be mined when such mining has negative consequences, such as being located in an environmentally sensitive area, or being located in proximity to residential communities that would be negatively affected by such activity. No one has a “right” to mine absent the rights of other property owners to the enjoyment of the property and values of community. Where there are “conflicts” of use, the needs of the existing community and neighborhoods must prevail, and in this case, it is a serious conflict to put a mine into an area filled with residences.

Municipalities restrict sand and gravel mining when it can impact local homeowners: There is precedent in public policy-making in a number of venues around the country to restrict new applications for sand and gravel mining when they are located contiguous to local homes, and thus, can cause detrimental impact on others as to their property values, health, well-being and enjoyment of their land and property. In many of these instances, this is without even having the benefit of either “smart growth” principles which would further restrict such abhorrent divergent uses; or any A-1 zoning and the requirements that go along with changing zoning and obtaining conditional use permits, all of which disfavor the type of radical change envisioned by the Thelen application.

Smart Growth Principles should lead the Committee to turn down this application for a mine by Thelen: The over-arching concern of the smart growth committee should be to carry out the mandate as set forth by the citizens of the community who responded heavily about the nature and future development the citizens want for our community. No one needed, wanted nor requested a mine to be imposed upon us. Rather the citizens overwhelmingly favored slow growth, maintaining the rural character of our community, and low- and moderate density housing to be developed in a controlled manner. The Smart Growth committee therefore should deny the application for a zoning change and an inclusion of mining in the Smart Growth plan. Mining does not fit the Randall/Twin Lakes community profile. It is a dirty, noisy, polluting industry that does not fit the character of our community.

The Smart Growth committee should be carrying out the expressed views of the majority of our citizens who responded to the surveys in an overwhelming fashioin. There is no mandate for the committee to disregard the nature and character of the community or the expressed wishes of a majority of its citizens in formulating the final Smart Growth plan. Rather, it is to be expected that the plan will IMPLEMENT the expressed needs of the community as made evident by the survey results.

Should more information be required, I am prepared to respond to questions of the committee as well as to provide documentary evidence on zoning policy, land use policy, health impacts and the nature of the sand and gravel mining as being a noisy, polluting, unhealthy industry and therefore particularly unsuited to being placed in a community such as ours.

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