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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 11/19/2015 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING NOVEMBER 19, 2015 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Jardine, Pocernich, Rondeau, and Strand – all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - 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 Comment – for issues not already on the agenda [ 3 minutes per citizen] 6. Minutes of Previous Meeting(s): (October 15, 2015) Jardine motioned to approve. Strand seconded. No further discussion. Motion carried. 7. Public Hearing: A. Clifford Halvorson, owner & Town of Russell (David Good), agent (Russell) – rezone Ag-1 to C [a 6.0-acre parcel (Tax ID #29162) described as that part of the NE NE and NW NE lying N of US Hwy 13, in V. 808 P. 202 and V. 829 P. 802-803, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Schierman spoke explaining that the mailings for the Town are supposed to be mailed certified and they were not. The information has now been mailed certified and this is a correction to capture that the mailings were sent certified. Discussion ended. B. Steve & Yvonne Cox, owner & Town of Russell (David Good), agent (Russell) – rezone C to Ag-1 [a 4.42-acre parcel (Tax ID #29163) described as a parcel in the NE NE, in V. 684 P. 48, Less par for Hwy in V. 476 P. 136, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Schierman stated this is the same as the item above. Discussion ended. 8. Adjournment of Public Hearing: Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 Jardine made a motion to adjourn, Pocernich seconded. Motion carried. Adjourned at 4:07 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:07 pm. 10. Roll Call: Bussey, Jardine, Pocernich, Rondeau and Strand –all present. Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hagstrom - Secretary. 11. Business: A. Clifford Halvorson, owner & Town of Russell (David Good), agent (Russell) – rezone Ag-1 to C [a 6.0-acre parcel (Tax ID #29162) described as that part of the NE NE and NW NE lying N of US Hwy 13, in V. 808 P. 202 and V. 829 P. 802-803, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Schierman stated the Town Board did approve and it has been resigned by the town on November 10th and there are no new letters of support or opposition. Strand motioned to approve. Jardine seconded. No further discussion. Motion carried. B. Steve & Yvonne Cox, owner & Town of Russell (David Good), agent (Russell) – rezone C to Ag-1 [a 4.42-acre parcel (Tax ID #29163) described as a parcel in the NE NE, in V. 684 P. 48, Less par for Hwy in V. 476 P. 136, Section 19, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Schierman stated the Town Board did approve and it was resigned by the town on November 10th and there are no new letters of support or opposition. Jardine motioned to approve. Strand seconded. No further discussion. Motion carried. C. Town of Bayview (Bayview) – (ATF) trailhead and shoreland grading and waiver of ATF fees [a 40-acre parcel (Tax ID #6592), described as Govt Lot 3 & ABND RR V.1044 P.143, Section 27, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Schierman suggested that the committee allow for public comment. The goal of the department is to prevent land use conflicts between use of the land and neighboring properties. There are concerns of trespassing, noise, and people in the park after hours, and increase in use. This came to light when a concerned property owner came to us with these concerns. It was found that there was not a trailhead permit issued from the County to the property. Croonborg-Murphy added that the application is for both a trailhead and shoreland grading to be able to improve the preserve. There is a $250 fee for the special B and a $250 fee for after the fact. Strand asked what the property is zoned. Schierman answered R- RB where the trailhead will be and R-1 by the lake. Bussey asked if the Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 committee is just looking at taking action on the trailhead and grading, nothing more at this point. Response from Schierman was yes that is correct. Pocernich motioned to suspend rules and allow for public comment. Jardine seconded. No further discussion. Motion carried. Robert Bodin, neighboring property owner and on the board for the Town of Bayview for 8 years spoke in opposition expressing his concerns about the increase in use of the preserve. There is a management plan on file and the plan has not been kept or followed by either the town board or the Bayfield Regional Conservancy. Asks that the zoning committee deny for failure to follow plan. Tom Murphy, another neighboring property owner, expressed concerns about the 3.2 million dollar nature preserve that has a management plan that is not being followed. The plan needs to be reassessed and there needs to be an environmental impact analysis done on the property. The park should be closed until there is more parking available, set hours, and management plan in place. Carey Bouchard, neighboring property owner, spoke in opposition. There have been concerns and have been in contact with the town addressing these concerns and trying to resolve the issue for going on 3 years. Bouchard noted that he submitted a packet of emails for the committee to review. The issue at the nature preserve has gotten out of control. There is trespassing, people camping in the park when they are not supposed to, erosion issues with the increase in foot traffic, and increase in vehicle traffic. The parking lot at the preserve is rather small so people then resort to parking on the road. The town did put up no parking signs on the road. This is not a park; it is a nature preserve and should be treated as such. There is a conservation easement on the property between the Bayfield Regional Conservancy and the owner of the land. Bouchard came to the zoning department for help resolving the issues at hand. Charley Ray, Bayview Town Chair, spoke in support stating the reports are wildly exaggerated. It is a popular place. Folks have been speaking with the town board and the town is investigating the concerns at hand. There is an automatic gate that has been installed at the entrance to the preserve to regulate people. There is an ordinance that was passed to restrict the use after hours. Citations can now be issued. There are many volunteers that help run this preserve, and before they were manually opening and closing gate at sun up and sun down. When there are cars in the lot at sun down the sheriff is called. Ray sympathizes with the neighboring property owners that are probably hard to see the increase in traffic. Yes there has been trampled vegetation. It is an extensive process to tackle all the concerns and the town is doing a good job at being responsive. At the time the preserve was established permits were discussed and it was stated that none were needed from the county. It is Rays understanding that with the definition of a trailhead, these permits would be needed in every managed forest land, but the only other trailhead permits are for the Berkie. Ray asked the committee to waive the after the fact fee and the initial fee for the application. Jardine asked Ray if he thought the town and the property owners could resolve this issued between them. Ray stated that he believes the town is doing the best they can to resolve the issues. The town wanted to pave the Houghton Falls road but it was denied. The town addresses the concerns one step at a time. Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 Jeff Sibert, City of Washburn, regular user of the preserve. 8 out of 10 times that he is there he has the place to himself. He is sorry that people have to ruin the enjoyment for others. He appreciates the place and hopes that it can be resolved so everyone wins. Erica Lang, conservation director for the Bayfield Regional Conservancy a nonprofit land trust, spoke in support explaining that they do hold a conservation easement on Houghton Falls Nature Preserve. They do monitoring of the conservancy and are aware of minor violations at this conservancy and have been documenting them for that last couple of years. This year they have heard more from the town of Bayview and neighboring property owners and have gotten more involved with trying to find a solution to the natural resource concerns on the property. BRC is working with the town of Bayview to set up grants to improve the property. To say the BRC is not taking action is a grave misrepresentation. Schierman stated that he asked Ben to attend the meeting as #16 of the 17 decision making point refers to the demand of public services. The management plan that was amended on January 11, 2011 secures the services of the Bayfield County Land and Water Conservation Department under the monitoring section. Habitat and degradation inspections every six months by the LWCD. Bussey asked to explain what is exactly is before us. Croonborg-Murphy explained that the walkways and platforms are not part of this request. That is an administrative permit. There is a class A shoreland grading for the future improvements and an application for a trailhead which is an access point for a recreational area. Jardine asked if Dufford was aware of the inspections that needed to be done. Dufford responded with no, that is why he is here. There was transition in his department at the time and it is not an oversite of either the town or the BRC but he did not know that his department was listed as the one that does the inspections. Hi department deals with the erosions issues. Lang added that the BRC also looks into and monitors the same as the land and water conservation department. Bussey stated that the BRC is a reputable and supported organization and has done a great deal of good in the area it serves. Dan Clark, Chief Deputy for the Bayfield County Sheriff’s Department, the department averaged about 20 calls a year to the Houghton Falls area that is the citizens, trail, and various ambulance calls. This year was doubled. Most are cars that were behind the gate. They can’t enforce closing hours. Taken complaints on the trail, issued citations of being in in violation of the no parking signs on the road. The county does not enforce ordinance, it would be impossible, but if it relates to traffic such as no parking signs, can issue state citations. Clark has seen some of the damage that has been done. Since the regulations have been clearer, and signs in place the sheriff’s department involvement has been reduced. Bussey asked Ray and Erica how much funds were required to purchase property and establish trail. Ray answered that he was not involved in acquisition of the property but it was mentioned that 3.2 million. About $20,000 for signs. Current transition amount for $50,000. Bussey asked the acreage. Ray answered with 76 acres. Croonborg-Murphy added about 1700 feet along the waterway and about 500 feet of Lake Frontage. Ray stated that it is owned by the Town of Bayview. Rondeau closed public comment at this time. Bussey noted that compliance is not for this committee to regulate. That is between the town and the BRC. The question before us is not whether the Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 preserve should be there or not because it is there. The question is whether a trailhead should be there and conditions. If we say no will that keep people off the property, no. The committee has a limited role here. Schierman stated that is correct. There also needs to be discussion on how to regulate the concerns between property owners. Bussey would be interested in hear potential condition that could be placed on the trail. Rondeau stated this maybe should be talked about between parties and come back next month with a plan. Croonborg- Murphy stated there could be design standards for the shoreland grading permit. There is a very shallow to bedrock soil. The trail is running 1700 feet not adjacent to but on top of the bluff in some locations and nothing guarding someone from fall. There is loss of soil and compacted and tree roots are out on the trail system. The trail is holding all the water or running it off. There is a stormwater and erosion control issue. You can see the high water mark on tree from the run off in the spring. Trees have lost their bark or the moss on the bark. There is a danger of erodibility. Part of the consideration is a raised board walk. As per Kay Lutz, and NR 115, this is allowed to be 60 inches wide. Bussey noted that if the committee approved with condition and the town does not get grant funding and withdraw application we would be left with the current conditions. We cannot enforce the town to improve trail. Croonborg-Murphy stated that town owns the property but there is a public use of the property in a residential zone. The possibility to rezone this conservancy may help mitigate conflicts and reduce the park use to a conservancy use. Wish the county would have been a partner when developing this. The DNR funding required permits. It would have been nice to get those permits previously. Strand asked if the trailhead include the parking lot. Croonborg-Murphy answered yes and read the definition of trailhead. The parking lot is currently 55 x 70 and a normal space is 9 x 18. Pocernich asked if the committee was treating this different than if this was a private land owner. Drastic steps would be taken if this was a private land owner, shut the trials down, and improve the rails. The BRC and Town of Bayview dropped the ball. This is a conservancy not a park and we should be conserving the land not destroying it. Jardine agrees. Pocernich would like to impose the application and after the fact fees to the town. Discussion ended. Pocernich motioned to impose the application fee on the township and also the after the fact fee. Jardine seconded (for discussion purposes). Strand asked if approved there would be no extra terms or conditions applied. Bussey stated approve permit with fees. Pocernich stated the shoreland grading would be another motion. No further discussion. Bussey asked about conditions but don’t know what conditions would be at this point. Croonborg-Murphy stated a condition could be no parking only in the lot and possible hours of operation. Pocernich stated that then they could park on road and still walk in. No further discussion. Motion carried. (Favor – Pocernich, Bussey, and Rondeau. Opposed – Strand and Jardine). Strand motioned to postpone till January a decision and at that time the committee would have a report from Zoning, Land Conservation department that included the input from the Town, neighbors, Conservancy, Sheriff’s Department, and Forestry the goal would have it mutually agreeable to satisfy as many of the concerns and conditions as possible. Bussey seconded. No further discussion. Motion carried. Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 D. Steven & Sherry Rosenwinkel / Julie Rosenwinkel (Clover) – (ATF) hobby farm (100-150 chickens for egg business [a 1.52-acre parcel (Tax ID #12165), described as Lot 1 of CSM #1141, Section 34, Township 51 North, Range 7 West, Town of Clover, Bayfield County, WI] Schierman stated the town wrote a letter requesting that the committee postpone this item. Bussey motioned to postpone until next meeting. Strand seconded. No further discussion. Motion carried. 12. Other Business E. Discussion and Possible Action regarding waiver of ATF land use fees (Gary & Nancy Cholwek) Schierman noted that the applicant is not present. Croonborg-Murphy explained Mr. Cholwek turned in an application for a residential addition. Upon inspection the applicant had already poured the slab. Ordinance states that would be start of construction. Schierman added that if this were found to be an error that the previous owner had done, he would ask the applicant to permit the addition and would waive the fees. Schierman is not willing to waive the fees in this case as it was the current owner that started construction without a permit. Bussey motioned to deny the waiver of after the fact fees. Strand seconded. No further discussion. Motion carried. F. Discussion and Possible Action regarding Act 55 Schierman explained there will be a meeting on December 2, there will be more information after that meeting. G. Committee members’ discussion regarding matter of the P & Z Dept. Schierman stated that the committee had heard from Jeff Rasmussen last month. Jeff went ahead and installed a tank without a permit. Schierman has issued a citation and wanted the committee to be aware of what is happening. 13. Monthly Report Schierman explained that the department has taken in $28,083.46 more fees than last year. Land use permits are down by one and sanitary permits are up by 42 from last year. Jardine motioned to receive and place on file. Bussey seconded. No further discussion. Motion carried. 14. Adjournment Rondeau called adjournment at 5:25 pm. Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – November 19, 2015 Prepared by KMH on 11/20/2015; given to RDS 11/20/2015 Approved by RDS on 11/24/2015 Sent to ZC on 11/24/2015 Final Approval on 12/17/2015 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2015/#11 November