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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 12/17/2015 Page 1 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING DECEMBER 17, 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): Rondeau stated the minutes are from the November 19, 2015 meeting. Jardine motioned to approve. Strand seconded. No further discussion. Motion carried. 7. Public Hearing: A. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an ordinance amending sections 13-1-21, 13-1-22(a)(4)b, 13-1-22, and 13-1-62, and 13-1-101A(c) code of ordinances, Bayfield county, Wisconsin. Section 1. Subsection (e)(1) [fee schedule] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): ll. Boathouse………………………. ………………….$ 300.00 mm. Refiling or Rehearing before Planning & Zoning Committee…………………. ………………….$ (see below) (The fee shall be equal to the fee for the underlying application, as set forth in Section 13-1-21(e)(1)a-ll) Page 2 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 Section 2. Subsection (a)(4) [Structures Exempt Under 59.692(1V) Wis. Stats.] of Section 13-1-22 [Setback and Height Restrictions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): b. The total cumulative floor area of all structures within the shoreland setback area of the lot upon which the structure is to be located shall not exceed two hundred (200) square feet. Section 3. Subsection (6)(a) [Boathouses] of Section 13-1-22 [Setback and Height Restrictions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions), and deletions highlighted by the strike out feature (deletions): (6) Boathouses. No boathouse may be constructed closer to a navigable body of water than the applicable setback after the effective date of this provision. Any existing boathouse between the applicable setback and the ordinary high water mark shall be subject to Section 13-1-40(f)(2-3). Any existing boathouse extending beyond the ordinary high water mark shall be subject to Sec. 30.121, Wis. Stats. a. Only boathouse construction activities which follow Best Management Practices (BMPs) and are done in a manner designated to minimize erosion, sedimentation and impairment of fish and wildlife habitat and which are accomplished in conformity with all applicable federal, state and local laws are permissible in the shoreland. b. Boathouses shall be designed, constructed and used solely for the storage of boats and/or related equipment and shall not include any habitable living area including but not limited to decks, patios, lean-tos or porches. c. Boathouses shall not be equipped with a potable water supply, fireplaces, patio doors, food preparation equipment, furniture or any features inconsistent with the use of the structure exclusively as a boathouse. d. Boathouses shall have a gable roof with eves not to exceed 24 inches. e. Boathouses shall not be placed water ward beyond the ordinary high water mark unless otherwise approved by the Department of Natural Resources. Page 3 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 f. Only one boathouse is permitted, as an accessory structure, for each buildable lot. A boathouse may not be the first structure on the parcel. g. Boathouses shall not be excavated into an existing slope of more than 20 percent unless Class B Special Use permit is approved by the Planning & Zoning Department. h. Boathouses shall be entirely within the access and viewing corridor; must be setback a minimum of ten feet from the ordinary high-water mark, and shall be constructed in conformity with all floodplain zoning standards. i. Boathouses shall not exceed one story. Maximum height from the boathouse floor to the roof peak shall not exceed 12 feet. The footprint shall not exceed 400 square feet. j. The maintenance and repair of existing nonconforming boathouses, which extent beyond the ordinary high-water mark, shall comply with the requirements of Wis. Stats. §30.121. k. Standards for removal of shoreline vegetation in Section 13-1-23 shall be complied with. l. Boathouses must use exterior building materials or treatments that are inconspicuous and blend with the natural setting of the site. m. A boathouse requires a land use permit and must include an impervious surface calculation form and associated fee(s). Section 4. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to include the following: PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A-1 A- 2 F-1 F-2 W Boathouses P P P SB P P Trailhead SB SB SB SB SB SB SB SB Section 5. Section (c) [Refilings and Rehearings] of Section 13-1-101A [Planning and Zoning Committee] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby created to read as follows, with additions highlighted by the double underline feature (additions): Page 4 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 (c) Refilings and Rehearings (1) Refiling Rule. No matter that has been previously acted upon by the Planning and Zoning Committee shall be considered upon a new application unless one or more of the following applies: a. The application does not involve a request for an identical permit or does not allege the same misinterpretation or error. b. The application does not contain the original request for specific action. c. Substantial change in the use of adjacent property has occurred since the previous application was decided upon. d. The previous hearing on application was closed without a hearing because the applicant was not present at the time such application was scheduled for a hearing. e. There is a claim that there should be a rehearing based upon newly discovered evidence. A rehearing will only be granted on this basis when all of the following apply: 1. The evidence has come to the moving party’s notice after the initial hearing. 2. The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it. 3. The evidence is material and not cumulative. 4. The new evidence would probably change the result. (2) Reopenings and Rehearings Limited. The Planning and Zoning Committee, on its own motion, may not reopen any case upon which a previous hearing has been held or a formal decision rendered, except in the following circumstances: a. To correct a manifest error or when there is some ambiguity or missing element in the decision that makes it impossible for the Planning and Zoning Department to apply the decision(s). In such a situation, the Committee may reopen an application at its next scheduled meeting. b. The Committee, at the request of the Planning and Zoning Department, may also reopen an application without regard to time limits if an interpretation of a prior decision is necessary, or if interpretation, modification or enforcement of conditions of a committee decision is necessary. Nothing in this section b. should Page 5 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 be interpreted as allowing a complete reopening of the application, nor require or presume that the committee should make any substantial change in their decision. There shall be a filing fee as required for a reopening or rehearing under Section 13-1- 21(e)(1)mm of the Bayfield County Code of Ordinances if the applicant is the party seeking a partial reopening under this section b. for purposes of deleting or substantially modifying a condition placed on a committee decision. There shall be no filing fee if the request for reopening is solely at the request of the Planning and Zoning Department. In any rehearing or reopening of a Planning and Zoning Committee decision, the criteria for decision shall be the same legal criteria as for the original decision. (3) Closure of Application. An application will be considered as reviewed and closed at such time as the Committee approves or rejects an application or appeal by motion. No request for reconsideration by the applicant shall be considered unless filed within 30 days after the written decision of the Planning and Zoning Committee is mailed to the applicant by the Planning and Zoning Department. (4) Procedures for Reconsideration. A simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is refused to an interested party who has requested reconsideration, the Committee shall enter on the minutes the basis of the request, the reason why it was refused, and the vote of the Committee members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting/hearing and notice given as required for an original hearing upon payment of the re-hearing fee. Schierman spoke in support explaining that most of these proposed changes are quick fixes. Section 1 pertained to fees for permits on boat houses and refiling and rehearing applications, that part is pulled from the BOA language. Jardine asked if any of this is in regards to setbacks, Schierman answered no. Section 2 is a quick fix, in the exempt structures section, the word “square” is missing in front of the word feet. Section 3 is adding boathouses to the permitting process. Everything that is double underlined will be added. Section 4 is a modification of the list of uses. Boathouses will be added to the Ag-1 and F-1 zoning districts as there are these zoning districts with Lake Front. There will be a Special Use B added to the conservancy zoning district for trail heads, an example would be the application the committee heard last month. Section 5 is refiling and rehearing language pulled for the BOA put into zoning so applicants cannot keep applying if there is a change in the committee members or if there is not a significant change in the application. Sections 5-7 are clauses dealing with legalities. Bussey asked if there was any town input. Schierman answered, the Town of Russell wrote a letter in support of the changes. Discussion ended. 8. Adjournment of Public Hearing: Page 6 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 Jardine made a motion to adjourn, Pocernich seconded. Motion carried. Adjourned at 4:10 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:10 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. Previous Business: Nov. D. Steven & Sherry Rosenwinkel / Julie Rosenwinkel (Clover) – (ATF) hobby farm (100-150 chickens for egg business) (tabled 11/19/15) [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] Jardine motioned to approve. Bussey seconded. Schierman stated the town board motioned to limit the request to the current property owner only and limit the request up to 150 chickens only. Croonborg-Murphy stated she inspected the property and Julie was on site at time of inspection. She asked the committee if they received the photos from the inspection since she doesn’t know what they receive in drop box. Committee members stated there were no photos in the drop box; Schierman added that there was a problem with drop box earlier. Croonborg-Murphy went on to explain that there is a soil test that shows heavy clay soils on the property. They are in a large coop right now that was approved as a studio and a use change approved for a residence. If permit is approved and used as a coop there needs to be a change of use permit issued. Julie is looking into a nutrient management plan and waste management plan. There is a parcel in between her and the lake. There is an acre and a half in between the chickens and the lake. Bussey moved to amend the motion to provide that it is a permit for up to 150 chickens, and limit it to the current property owner, and consistent with the town comp plan. Croonborg-Murphy stated that the applicant is the authorized agent and suggested to change the wording. Bussey changed the wording to the current occupant or property owner. Strand seconded the amended motion. Pocernich stated the letter in the file is a bit concerning (Pocernich read the letter from the file, Mr. Mueller is concerned about the current state of the property). Croonborg-Murphy pulled up the photos and showed the committee. Strand asked about retail sales. Croonborg-Murphy stated Julie supplies to Washburn IGA and Chequamegon Co-op. Bussey asked Schierman for the difference between a hobby farm and a regular farm Croonborg-Murphy read the definitions. Pocernich stated anything out of the Ag district is why the committee receives a hobby farm application. Bussey asked the size of the lot and regards to nearby residences. Croonborg-Murphy answered that it is a 1.25 acre lot and the coop is 50 feet from one property line on one side and 100 to the other. She did not enter another person’s property to measure to a well. Pocernich motioned to suspend rules and allow for public comment. Bussey seconded. Motion carried. Julie Rosenwinkel spoke in support explaining the property was split for the intent of possibly selling the lake lot. The neighbors have ten acres to the left and 6 acres in front of her. The houses are roughly 600 Page 7 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 feet away. There is 10 acres on the lake side. Bussey asked the distance of the closest neighbor, Rosenwinkel answered about 600 – 800 feet. Coop is not visible from the road. No further discussion. Amended motion carried. No further discussion on original motion. Original motion as amended carried. 12. New Business A. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an ordinance amending sections 13-1-21, 13-1-22(a)(4)b, 13-1-22, and 13-1-62, and 13-1-101A(c) code of ordinances, Bayfield county, Wisconsin. Section 1. Subsection (e)(1) [fee schedule] of Section 13-1-21 [General Land Use Requirements] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): ll. Boathouse………………………. ………………….$ 300.00 mm. Refiling or Rehearing before Planning & Zoning Committee…………………. ………………….$ (see below) (The fee shall be equal to the fee for the underlying application, as set forth in Section 13-1-21(e)(1)a-ll) Section 2. Subsection (a)(4) [Structures Exempt Under 59.692(1V) Wis. Stats.] of Section 13-1-22 [Setback and Height Restrictions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions): b. The total cumulative floor area of all structures within the shoreland setback area of the lot upon which the structure is to be located shall not exceed two hundred (200) square feet. Section 3. Subsection (6)(a) [Boathouses] of Section 13-1-22 [Setback and Height Restrictions] of Article B [General Provisions] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby amended to read as follows, with additions highlighted by the double underline feature (additions), and deletions highlighted by the strike out feature (deletions): (6) Boathouses. No boathouse may be constructed closer to a navigable body of water than the applicable setback after the effective date of this provision. Any existing boathouse between Page 8 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 the applicable setback and the ordinary high water mark shall be subject to Section 13-1-40(f)(2-3). Any existing boathouse extending beyond the ordinary high water mark shall be subject to Sec. 30.121, Wis. Stats. a. Only boathouse construction activities which follow Best Management Practices (BMPs) and are done in a manner designated to minimize erosion, sedimentation and impairment of fish and wildlife habitat and which are accomplished in conformity with all applicable federal, state and local laws are permissible in the shoreland. b. Boathouses shall be designed, constructed and used solely for the storage of boats and/or related equipment and shall not include any habitable living area including but not limited to decks, patios, lean-tos or porches. c. Boathouses shall not be equipped with a potable water supply, fireplaces, patio doors, food preparation equipment, furniture or any features inconsistent with the use of the structure exclusively as a boathouse. d. Boathouses shall have a gable roof with eves not to exceed 24 inches. e. Boathouses shall not be placed water ward beyond the ordinary high water mark unless otherwise approved by the Department of Natural Resources. f. Only one boathouse is permitted, as an accessory structure, for each buildable lot. A boathouse may not be the first structure on the parcel. g. Boathouses shall not be excavated into an existing slope of more than 20 percent unless Class B Special Use permit is approved by the Planning & Zoning Department. h. Boathouses shall be entirely within the access and viewing corridor; must be setback a minimum of ten feet from the ordinary high-water mark, and shall be constructed in conformity with all floodplain zoning standards. i. Boathouses shall not exceed one story. Maximum height from the boathouse floor to the roof peak shall not exceed 12 feet. The footprint shall not exceed 400 square feet. j. The maintenance and repair of existing nonconforming boathouses, which extent beyond the ordinary high-water mark, shall comply with the requirements of Wis. Stats. §30.121. k. Standards for removal of shoreline vegetation in Section 13-1-23 shall be complied with. Page 9 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 l. Boathouses must use exterior building materials or treatments that are inconspicuous and blend with the natural setting of the site. m. A boathouse requires a land use permit and must include an impervious surface calculation form and associated fee(s). Section 4. The table listed under Section 13-1-62(a) [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] or Title 13 [Zoning] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to include the following: PERMISSIBLE USES R-4 R-3 R-1 R-2 R- RB C I M A-1 A- 2 F-1 F-2 W Boathouses P P P SB P P Trailhead SB SB SB SB SB SB SB SB Section 5. Section (c) [Refilings and Rehearings] of Section 13-1-101A [Planning and Zoning Committee] of Article F [Administration and Enforcement] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin, is hereby created to read as follows, with additions highlighted by the double underline feature (additions): (c) Refilings and Rehearings (5) Refiling Rule. No matter that has been previously acted upon by the Planning and Zoning Committee shall be considered upon a new application unless one or more of the following applies: f. The application does not involve a request for an identical permit or does not allege the same misinterpretation or error. g. The application does not contain the original request for specific action. h. Substantial change in the use of adjacent property has occurred since the previous application was decided upon. i. The previous hearing on application was closed without a hearing because the applicant was not present at the time such application was scheduled for a hearing. j. There is a claim that there should be a rehearing based upon newly discovered evidence. A rehearing will only be granted on this basis when all of the following apply: Page 10 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 5. The evidence has come to the moving party’s notice after the initial hearing. 6. The moving party’s failure to discover the evidence earlier did not arise from lack of diligence in seeking to discover it. 7. The evidence is material and not cumulative. 8. The new evidence would probably change the result. (6) Reopenings and Rehearings Limited. The Planning and Zoning Committee, on its own motion, may not reopen any case upon which a previous hearing has been held or a formal decision rendered, except in the following circumstances: c. To correct a manifest error or when there is some ambiguity or missing element in the decision that makes it impossible for the Planning and Zoning Department to apply the decision(s). In such a situation, the Committee may reopen an application at its next scheduled meeting. d. The Committee, at the request of the Planning and Zoning Department, may also reopen an application without regard to time limits if an interpretation of a prior decision is necessary, or if interpretation, modification or enforcement of conditions of a committee decision is necessary. Nothing in this section b. should be interpreted as allowing a complete reopening of the application, nor require or presume that the committee should make any substantial change in their decision. There shall be a filing fee as required for a reopening or rehearing under Section 13-1- 21(e)(1)mm of the Bayfield County Code of Ordinances if the applicant is the party seeking a partial reopening under this section b. for purposes of deleting or substantially modifying a condition placed on a committee decision. There shall be no filing fee if the request for reopening is solely at the request of the Planning and Zoning Department. In any rehearing or reopening of a Planning and Zoning Committee decision, the criteria for decision shall be the same legal criteria as for the original decision. (7) Closure of Application. An application will be considered as reviewed and closed at such time as the Committee approves or rejects an application or appeal by motion. No request for reconsideration by the applicant shall be considered unless filed within 30 days after the written decision of the Planning and Zoning Committee is mailed to the applicant by the Planning and Zoning Department. (8) Procedures for Reconsideration. A simple majority vote shall be sufficient to reconsider a previous decision. If reconsideration is Page 11 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 refused to an interested party who has requested reconsideration, the Committee shall enter on the minutes the basis of the request, the reason why it was refused, and the vote of the Committee members thereon. If reconsideration is approved, the case will be placed on the agenda for the next regular meeting/hearing and notice given as required for an original hearing upon payment of the re-hearing fee. Pocernich motioned to approve. Strand seconded. Bussey stated that section 3. Are these mandated by state law to allow? Schierman answered yes. Mike Wenholtz from the DNR recommended them. Bussey stated he would like take a look at this differently, rezones need different treatment. Is reconsideration the same as reopening a file? There is some distinction in Roberts Rules. Bussey does not think they are the same thing and suggested that Schierman might want to look into this a little more. Bussey moved to amend motion by deleting section 5 (the first section 5) for the time being to give us a chance to look at it a little further with the understanding that it be reconsidered. Pocernich seconded. No further discussion. Motion carried. No further discussion on original motion. Original motion as amended carried. B. Ski Foundation Inc. / American Berkebeiner Ski Foundation Inc. (Cable) – trailhead [a 30.27-acre parcel (Tax ID #37236), described as Lot 1 CSM #1939 in V.11 P.255 (Located in SE ¼ of the NW ¼; SW NW; NW NW SW; NE SW SEC 21 & SE NE; NE SE SEC 20), Section 20, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Rowley explained they purchased some land and would like a warming shed and if approved as a trail head they can have a warming shed permitted. Schierman stated the town recommended approval and stated it is consistent with town comp plan. Rowley stated this is zoned R-RB. The plan is to do another building as well, and this will reduce multiple trips to the committee. Jardine motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan. Strand seconded. No further discussion. Motion carried. C. Discussion and possible action regarding update on shoreland zoning regulation. No discussion. D. Committee members’ discussion(s) regarding matter of the P & Z Dept. No discussion. 13. Monthly Report / Budget and Revenue Schierman explained that the department did a lot of business this year and was budgeted for $185,000 in fees and took in $226,000 in fees. Schierman noted that land use permits are ahead by 9 compared to last year and sanitary permits are ahead by 40 compared to last year. The department is $32,928 up in fees collected from last year. Page 12 of 12 ZC Planning and Zoning Public Hearing and Meeting – December 17, 2015 There was some employee changes in the way the insurance was structured and the adjustment was not made by the administrative office at the time of hire so a resolution will be brought forward for a budget amendment. Schierman noted that land use permits are ahead by 9 compared to last year and sanitary permits are ahead by 40 compared to last year. The department is $32,928 up in fees collected from last year. Jardine motioned to receive and place on file, Pocernich seconded. No further discussion. Motion carried. 14. Adjournment Rondeau called adjournment at 4:45 pm. Prepared by KMH on 12/18/2015; given to RDS 12/21/2015 Approved by RDS on 1/4/2016 Sent to ZC on 1/4/2016 Final Approval on 1/21/2016 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2015/#12 December