Loading...
HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 1/16/2014 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JANUARY 16, 2014 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Jardine, Schultz, Miller and Rondeau – all present. Pocernich – joined the meeting at 4:05 pm. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak-AZA, and Krystal Hagstrom - Secretary. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 4. Review of Meeting Format – Chairman Rondeau explained the procedure of the meeting. He asked everyone who wished to speak to fill out a form; and stated they will be asked to come forward and speak into the microphone. 5. Public Hearing: A. Ronald & Joyce Soper / Thomas Schneller (Bayfield) – marina & maintenance facility [a 13.64–acre parcel (Tax ID# 4290), described as a parcel in Gov’t Lot 1 and S 70’ of N 300’ of S 957’ of Gov’t Lot 1, East of Road in V. 521 P. 103, in Section 07, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI] Tom Schneller, Snow Country Contracting and agent for the Soper property, spoke in support and wanted to make it known that he did not have the chance to speak with the town plan commission on this matter. He will be at the Town meeting Monday night and will ask the Town to reconsider and to be put back on the agenda. He would also like the Committee to postpone this until he has the opportunity to talk with the Town. Schneller has completed other projects like this in the past, one being the US Forest Service building in Gladstone MI. The Apostle Islands National Park Service’s current maintenance facility buildings lease is coming to an end and would like to move the facility to provide lower operational costs and higher sustainability. In June of 2012 they started looking for sights in downtown Bayfield and were told that Bayfield is a historic downtown and the building would not be allowed so they continued looking. There was an area near Pikes Creek that was delineated as the area they wanted to place the building. They had met with Karl from the Zoning Department and he told Schneller that they would have to apply for a conditional use permit. The past five months they have been working on the design to meet the GSA deadline and the Town Comp Plan. One example of meeting the plan is to be the first LEED (Leadership in Energy and Environmental Design) Silver building in the county (Northland College being one in Ashland County). The building would have to have 50 LEED credits to meet the criteria. One example would be light pollution reduction, meaning down lighting and no light trespasses allowed (the light cannot bounce onto another property). This building will meet or exceed all Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 requirements that the Town of Bayfield and the Nation Park Service require. Again, Schneller asked that the Committee postpone this until he has the chance to meet with the Town and planning commission. Bob Krumenaker, Superintendent at the National Park Service, explained he is not here to speak for the applicant or the specific proposal, all he knows about the project is what is posted on the County website and he has spoken with Schneller a few times on the phone and once in person. Krumenaker has some points to discuss on the Apostle Island National Lakeshore. The park headquarters in located in the city of Bayfield and the maintenance facility is located at Roy’s Point Marina, both are leased facilities. Apostle Islands is the only park located entirely in the state of Wisconsin and brings 150,000 to 200,000 people a year to the park. Even though most of the park is in Ashland County most of the economic benefit is in Bayfield County and in 2011 it was estimated at 20 million dollars brought in and provides 364 local jobs. The existing lease at Roy’s point has expired. That lease has been extended multiple times and the current rate is higher than in the past and cannot be extended past 2016 since it does not meet the governments’ energy needs and security needs. The Park Service put out a bid and Snow County has responded. Krumenaker wants to assure that the specs meet all federal and state requirements and wants to make sure it is environmentally sensitive and sensitive to Lake Superior. The facility that they are looking for is not a public facility or marina it is the operations facility for the maintenance department. There will be no more than 10 boat slips, plus space for the landing craft. It is a significant structure and will be there for the long term and would like to see this done right. He asks that the Town and County hears this and gives it thought and if this is on private land this will help with tax benefits. Rondeau asked if there is anyone that would like to speak in opposition. Ron Haupert spoke in opposition explaining he is a Bayfield resident who lives less than a quarter mile away from the proposed building site. This is what he understands from the website; 55,000 sq. ft. marina which contains 27,000 sq. ft. of buildings 50 car parking lot and 2 acre ware yard which is woods today. Why do we need a new one, the current one is 20 years old and if this is a long term engagement then 20 years is a relatively short time. The facility that they have today can be expanded. There was a lot of opposition with the other building twenty years ago and that opposition is the same you will hear today. This is very visible from the land and the lake which will cause navigation problems. Building a new facility will compromise the Town of Bayfield shoreline more than what Roy’s point did 20 years ago. Examples being; 1. Compromises a pristine area long Lake Superior shoreline from Campground all the way to Roy’s point. 2. Commercial building will have an effect on current residential property values. 3. Traffic congestion on 3 different roads. 4. Scenic views will be interrupted. 5. Noise and light pollution. 6. Night time navigation from the lights at the marina. 7. Docks have been destroyed by ice flows in this area already so the walls will have to be higher than normal. 8. Fisheries will be affected. Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 9. The marina will cause thin ice which will affect winter recreational activities in that area (snowshoeing, snowmobiling and ice fishing). There are many people that are opposed to this and have written letters to the Town and the Planning and Zoning Committee. These people went to the plan commission meeting expressing their concern. The plan commission voted unanimously to deny the application. Schultz asked where he lived in relation to the proposed building and Haubert answer 36900 Connies Lane. Spencer Robnik, lives adjacent to the Soper property, spoke in opposition. The maintenance facility at the current location was built to the specifications that the park needed 20 years ago now they want a new facility which was said would be for the long term, well 20 years is not long term. There are 10 marinas between Ashland and Schooner Bay. There are 8 from Port Superior to Schooner Bay that is about one every mile. There are pictures on the County website of the shift in sands that the docks that are currently located there created. With the marina there will be more shift in sands and would virtually wipe out the beach. This marina will also shift currents which will affect the fisheries. Property values will be affected, and there will be noise and light pollution. Joshua Iverson, lives on Apostle Bay Rd, and is speaking on behalf of his aunt Deb Davis, they are both in opposition. Iverson stated the same concerns Robnik and Haubert expressed and added there will be increased traffic on the current road he lives on which will have to be maintained and increase the money that he is already dishing out to maintain that road. The overall allure of the Apostle Bay area is privacy and this will throw that away. Chad Abel, biologist for the Red Cliff tribe, he recommends that the developers and the land owners approach the tribe about this development since it is immediately South of the reservation boundaries and consultation about this needs to occurs. He urges the Committee to not consider the conditional use permit until consultation with the tribe occurs. Discussion ended. 6. Adjournment of Public Hearing: Jardine made a motion to adjourn, Miller seconded. Motion carried. Adjourned at 4:30 pm. 7. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:30 pm. 8. Roll Call: Jardine, Pocernich, Schultz, Miller and Rondeau –all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Mike Furtak, AZA, and Krystal Hagstrom - Secretary. 9. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the December 19, 2013 meeting. Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 Jardine motioned to approve, Pocernich seconded. No further discussion. Motion carried. 10. Business: A. Ronald & Joyce Soper / Thomas Schneller (Bayfield) – marina & maintenance facility [a 13.64–acre parcel (Tax ID# 4290), described as a parcel in Gov’t Lot 1 and S 70’ of N 300’ of S 957’ of Gov’t Lot 1, East of Road in V. 521 P. 103, in Section 07, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI] Rondeau asked the applicant if he would like this item tabled which it would be addresses at the next meeting or postponed which it would come back at a future meeting and have the public hearing all over again. The applicant would like this tabled. Jardine motioned to table based on recommendation of the town and the applicant. Miller seconded. No further discussion. Motion carried 5/0. 11. Previous Business B. Jeffrey & Lynda Hammer / Steven Linton (Bayfield) – storage / retail building (postponed 10/16/13) [a 6.21-acre parcel (Tax ID #4922), described as a parcel of land in Govt Lot 2 in V.986 P.379, Section 22, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Schierman explained the applicant is here to make a presentation if the Committee would like to hear from him. This is an item that the committee asked of himself to send a letter to the town to make a decision. There is a response from the town. Schierman and Croonborg-Murphy went to the plan commission meeting, and Bayfield is trying its best to make the right decision. It will be going forward to the town on Monday. There is a letter requesting that the committee wait on the decision. Jardine said he contacted Tom Gordon and he said that they have been working on it and will have a decision on Monday and asked that the committee postpone it. Rondeau stated he would like to get away from approving and disapproving pending town board. It is the towns’ responsibility. Jardine motioned to table. Miller seconded. No further discussion. Motion carried 5/0. C. Donn / Lydelle Berquist (Barnes) – storage (boats, mini-storage) (in existing pole building) (tabled 12/19/13) [a 5.37-acre parcel (Tax ID #3335), described as Lot 3 of Assessor’s Plat except that portion lying N of Lake Rd in V.1110 P.420, Section 7, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman explained the applicant is in the audience. Miller motioned to suspend the rules and allow applicant to speak. Jardine seconded. Motion carried 5/0. Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 Don Berquist, owner of Buck N Bass Resort, would like to apologize for missing last month’s meeting he was out of town. A little history of the property, the previous owner had a lot of personal property and that was not well kept. A permit was granted to have the property put in two pole barns. This coming summer they would like to have an auction and sell the contents of the pole barns. Once this happens there will be two pole barns that will be empty and would like them put to productive use. There are 6 storage spots. There will not be a lot of traffic. There has been a lot done cosmetically to the resort and would like this resort to be there in operation for more years. Berquist realizes there is opposition. The Town is in opposition due to being in violation of previous permit. Berquist recently met with the Town Board and the town stated there was new information presented but the Town still did not change their decision. Berquist is asking to allow the special use permit to rent the spaces. Miller asked the reason the Town denied. (Schierman read letter from the Town. Letter is in application packet) The proposed use is not consistent with land use plan of surrounding residential zoning and current property manager has demonstrated history of ongoing and unresolved zoning violation at said property. There is also a letter of opposition form Susan Rantala concerned about the junk that is supposed to be stored in the building and is not. Letter from Mike O’Keefe concerned with ground water contamination and what will be done with the items currently stored in the buildings. Jardine asked Furtak if he was familiar with the area. Furtak explained Berquist bought the property a year ago. There were a lot of things that were ongoing at the property previously. About 3 owners ago the campground was created without a conditional use permit. People were bringing in campers, parking them there and staying there. When he became assistant zoning administrator for that area if was brought to their attention. He worked with then property owner Kevin Murphy to apply for a conditional use permit to make the campground legal, at the same time erected two pole barns and as part of the condition use permit the Town said those building could not be used for a mini / boat storage open to the public it was used to place Kevin’s personal items and campground users items. The property was cleaned up significantly. Since that time there was an addition to the lodge and the lodge is now 30 feet from the water and there had to be a mitigation plan implemented. At that time the plan was simplistic and there was a no mow area and trees were planted, there was a drought that year and the trees didn’t grow. Since then Travis has gone to the property and there is a new mitigation plan in place. Also last fall a hot tub was placed 10 feet from the water but has been removed. This summer Furtak seen there was a banner up advertising boat storage. He told the owners that they could not advertise this and they needed a special use permit. The banner was removed and now the applicants are here applying for the special use permit. Schultz asked about the farm equipment and if there is a farm associated with the property. Furtak stated the previous owner had a family farm in Minnesota. The farm equipment is antique farm equipment. The health department found the equipment to be a hazard with people and kids at the campground and the residential area it was asked that the equipment be stored in the barns or removed. Schultz asked if they will be adding camp sites and the reply was no, there are 19 sites and a few rental cabins. Schultz asked if the problem is actually renting them or because the applicant wants to rent to the public. Schierman answered saying that the applicant can rent to the campground tenants but it not be for public use. Furtak agreed saying that renting to the campground users was ok but not opening it to the general public. Jardine said he thinks there is a lack of communication between the town and Mr. Berquist Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 and recommends denial and that Berquist go back and work with the town. Furtak explained when this went to the plan commission and the town Mr. Berquist was out of town then this came to us it was requested to be tabled until today, this allowed the Town to hear rehear this. Schultz stated it would be nice if the applicant could go back to the town and work something out. Furtak stated there are people from the Town of Barnes present. Pocernich motioned to suspend the rules. Jardine seconded. Motion carried 5/0. Barb Rammstad, Town of Barnes planning committee, stated this issue was addresses and the commission made recommendation not to approve based on outstanding zoning issues that Mike has addressed. The biggest reason being that the original approval to erect the building was given with the condition to not be used as public storage. There is not adequate acreage or setbacks from the town road. Furtak said all buildings meet required setbacks. Rammstad went on to say that it is in a residential area quite close to buildings and 250 feet from the lake, those were the reasons, that it not be used for public storage also traffic in the areas. The condition being that is not to be used for public storage. Schultz asked if there is any give or take or any mitigation that can take place between you and the owners. Rammstad stated that they could look at the reason why the condition was imposed. What was the reasoning behind the conditions and see if that reasoning is still valid? Miller stated that it sounds like the town did not have its facts straight when they denied this. Rammstad stated the reason was because of the condition that was placed on the original permit. She doesn’t know why the conditions were imposed. Furtak stated that when the original permit was heard it was prior to the plan commission being in place. That condition was placed on the approval of the conditional use for the campground, there was no plan commission then, simply the Town Board said no public rental of those buildings. Rammstad explained the plan commission now understood that that was the condition of the permit, we were not in a position, it’s a slippery slope, and you know it’s a condition so in the future you don’t have to abide by that condition, makes you wonder if every conditional use is like that. Jardine asked just her, not speaking for her group, what her response would be if this was sent back and asked to be worked out? Rammstad, couldn’t say if it could or couldn’t be worked out. Jardine said he asked her if she thought it could be worked out. Rammstad again could not answer; she would have to know the objections and does not know the history. Pocernich motioned to disapprove the conditional use permit at this time at a recommendation of the Town Board and planning commission that it is not consistent with the land use plan of surrounding residential zoning and current property manager has demonstrated history of ongoing and unresolved zoning violation at said property. Jardine seconded. Schultz stated he would like the community to work something out with the owner. Would they have to reapply? Schierman stated yes and there would have to be a significant difference in the application. Mr. Murphy brought this forward in January of 2005 to operate a mini- storage, motion made by Rondeau to deny and second by Beeksma, and the motion carried. Miller stated he doesn’t know how they can deny based on violations when there are none that Mike stated. Furtak stated you have to take each application on its own merit and see what the comp plan says and what the town says and that is right it shouldn’t weigh that there are possible violations or Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – January 16, 2014 in the process of being corrected. Rondeau stated that in the Town of Barnes he strongly believes that he would honor the wishes of the Town Board and Planning Commission. No further discussion. Roll call vote, yes is in response to deny, and no is in response not to deny. Jardine – Yes. Pocernich – Yes. Miller – No. Rondeau – Yes. Schultz – No. Motion carried 3/2. 12. Monthly Report Schierman stated that to close out the year the department took in 186,000 in fees, 430 land use permits, 51 short of 2012, and 144 sanitary permits, 1 more than 2012. Pocernich motioned to receive and place on file, Schultz seconded. No further discussion. Motion carried. 13. Adjournment Rondeau called adjournment at 5:05 pm. Prepared by KMH on 1/17/2014; given to RDS 1/20/2014 Approved by RDS on 1/22/2014 Sent to ZC on 1/24/14 Final Approval on 3/20/2014 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2014/#1January