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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/17/2016 Page 1 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING MARCH 17, 2016 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Bussey, Pocernich, and Rondeau – all present. Jardine and Strand – Absent. Others present were: Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hudachek - Secretary. Director-Rob Schierman – Absent. 3. Affidavit of Publication: Croonborg-Murphy showed the audience the affidavit of publication and the certified mailing receipts. 4. Public Comment – for issues not already on the agenda. 5. 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. 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the February 18, 2016 meeting. Bussey motioned to approve. Pocernich 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 13-1-63, 13-1-63( e)(3), 13-1-63(g)(3). Sec. 13-1-63 Town of Russell Overlay District (©8/30/2005) (a) Applicability. The Town of Russell Overlay District shall apply to and include all lands within the Town of Russell. (©8/30/2005) (b) Intent of Town of Russell Overlay District. The intent of this overlay district is to promote the public health, safety, convenience and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to permit the careful planning and efficient maintenance of roadways; to ensure adequate highway, utility, health, educational and recreational facilities; to recognize the needs of agriculture, forestry, industry and business in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to encourage the protection of old-growth forests; to preserve wetlands; to conserve soil, water and forest resources; to protect the beauty and amenities of landscape and man-made developments; to provide healthy Page 2 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 surroundings for family life; and to promote the efficient and economical use of public funds. (©8/30/2005) (c) Definitions. All terms contained herein shall be as defined in Sec. 13-1-4 unless otherwise defined within this section. (©8/30/2005) (1) Alternative Development. A development or land division in which dwellings and other buildings are located on only a portion of a development, in contrast to conventional practice, which distributes development evenly across the entirety of a parcel, in order to accomplish either of the following: (©8/30/2005) a. Preserve by deed restriction, including conservation easement, restrictive covenant and development rights transfers, the majority of the land division parcel for present or future agricultural use or conservation; (©8/30/2005) b. Create, maintain or expand protective barriers contiguous with roadways, lakes, wetlands and other natural resources in the Town of Russell. (©8/30/2005) (2) Certified Forester. A person meeting the requirements of Section NR 1.21(2)(e) of the Wisconsin Administrative Code. (©8/30/2005) (3) Conservation Easement. As provided in §700.40, Wis. Stats., a holder's non-possessory interest in real property imposing any limitation or affirmative obligation, the purpose of which includes retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in §157.70(1)(b), Wis. Stats. or preserving the historical, architectural, archaeological or cultural aspects of real property. (©8/30/2005) (4) Deed restriction. A restriction on the use of a property set forth in a deed or other instrument of conveyance, including, but not limited to, a restrictive covenant, conservation easement, transfer of development rights or any restriction placed on undeveloped land as a condition for the division or development of the undeveloped land. (©8/30/2005) (5) Historic Site Overlay. An area designated by the Bayfield County Board that possesses a contiguous or nearly contiguous historic site(s), building(s), structure(s) or objects united historically and/or aesthetically by a common theme or a set of common characteristics that are historically or architecturally significant to the Town of Russell, the state or the nation. (©8/30/2005) (6) Historic Site. Any parcel of land whose historic significance is due to a substantial value in tracing the history or prehistory of, humanity, or upon which a historic event has occurred and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement Page 3 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 parcel, or part thereof, used as, and constituting part of, the premises on which the historic structure is situated. (©8/30/2005) (7) Historic Structure/Building. Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Town of Russell, the state or the nation and which has been designated as a historic structure pursuant to the provisions of this section. (©8/30/2005) (8) Old-Growth Forest. A forest that includes at least eight 100-year old trees per acre; is at least five acres in size. (©8/30/2005) (d) Zoning District Dimensional Requirements and Classification. Except as provided in subsections (e) and (f) below, the following dimensional requirements shall apply to all parcels located within the Town of Russell Overlay District: (©8/30/2005) (©8/30/2005) * Or the equivalent of ½ of a ¼ – ¼ section. (©8/30/2005) ** Or the equivalent of 1/8 of a ¼ – ¼ section. (©8/30/2005) The classification of uses stated in Section 13-1-62 of the Bayfield County ordinances as of the date of the adoption of this section shall apply to the Town of Russell Overlay District. (©8/30/2005) (e) Alternative Developments. In order to further the goals and policies of the Town of Russell Land Use Plan, the Bayfield County Planning and Zoning Committee Town of Russell Board will favor plans for land divisions that provide for an alternative development. At the discretion of the Bayfield County Planning and Zoning Committee Town of Russell Board, deed restrictions, including restrictive covenants, or conservation easements, or both, may be required for such plans. (©8/30/2005); (A)7/30/2013) Minimum Side and Rear Yard Zoning District Minimum Area Minimum Frontage Minimum Average Width Principal Building Accessory Building R-RB, R-1 20 9.5 acres 150’ 150’ 10’ 10’ F-1, R-2, A-1 20 9.5 acres 300’ 300’ 75’ 30’ R-3 20 9.5 acres 200’ 200’ 20’ 20’ F-2, A-2 35 acres 1,200’ 1,200’ 75’ 75’ I, C 5 acres 300’ 300’ 75’ 75’ R-4 (a) Sewer/Water 20 9.5 acres 75’ 75’ 10’ 10’ (b) Sewer Only 20 9.5 acres 75’ 75’ 10’ 10’ (c) Water Only 20 9.5 acres 100’ 100’ 10’ 10’ W 5 acres N/A N/A N/A N/A Page 4 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 (1) Minimal Lot Area. The minimal lot area as stated in subsection (d) above shall apply unless the developer submits an application and plan for an alternative development that includes a plan as to how the minimal open space will be maintained. Upon consideration of the recommendation and approval by the Town of Russell and the approval by the Bayfield County Planning and Zoning Committee of a plan for an alternative development, the minimal lot requirements of Section 13-1-60 of the Bayfield County Zoning Ordinance shall apply to that portion of the development not required to meet the open space requirements. (©8/30/2005); (A)7/30/2013) (2) Minimal Open Space. A plan for an alternative development shall include minimal open space as set forth in the table below. (©8/30/2005) (©8/30/2005) (3) Ownership of Minimal Open Space. Ownership of the open space shall as follows: (©8/30/2005); (A)12/15/2009) a. Each unit created under this section may own an equal amount of the required minimum open space, or an unequal amount of open space or none of the required open space if that was the wishes of the owner as long as the minimum requirement was met. (e.g. If there is 18 acres of open space required, for four units, each unit must have at least 4.5 acres of the open space.) A deed restriction shall be recorded describing the open space and buildable space, restricting the entire lot from being subdivided and prohibiting any structure; any change in the use of the land requiring a permit within the open space or (©12/15/2009) b. An Any individual or entity may own the entire open space. A deed restriction shall be recorded describing the open space, prohibiting the open space from being subdivided and prohibiting any structure; any change in the use of the land requiring a permit within the open space. (©12/15/2009) c. The creation of any lots and open space shall be by a Certified Survey Map. (©12/15/2009) d. A Class B A Special Use permit shall be required prior to any subdivision under this section. The Town of Russell shall notify adjacent property owners by issuing notice by certified mail at least 10 days prior to the Town Plan Commission and Town Board acting upon such permit. (©12/15/2009) Zoning District Percent of acreage required to remain open space Percentage of acreage dividable under section 13- 1-60 R-RB, R-1, R-4, I, C 35% 65% F-1, R-2, R-3, A-1 45% 55% F-2, A-2 50% 50% Page 5 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 (4) Uses of Open Space. Space that is dedicated to be open shall be maintained in a natural, undisturbed condition, which shall include the farming of crops, and keeping of animals. Limited access may be allowed for passive or active recreation. (©8/30/2005) (5) Additional Plan Requirements. A plan for an alternative development shall meet all of the requirements of the Bayfield County Zoning Ordinance and shall include the following: (©8/30/2005) a. The location of all improvements and minimal open space and a plan as to how the minimal open space will be maintained. (©8/30/2005) b. A plan that as to how the minimal open space will be used and maintained; (©8/30/2005) c. Existing zoning on and adjacent to the proposed development; (©8/30/2005) d. Any proposed lake and stream access with a small drawing clearly indicating the location for the proposed development in relation to the access; (©8/30/2005) e. Any proposed lake and stream improvements or relocation; (©8/30/2005) f. All Department of Natural Resources designated wetlands, and any field verified wetlands designated by a public agency. (©8/30/2005) g. The Town of Russell Board County Planning and Zoning Committee shall require submission of a draft of protective covenants, where a covenant is proposed and whereby the land divider intends to regulate land use in the proposed development. The covenants may be subject to the review and approval of the Town’s Bayfield County Corporation Counsel as to form; (©8/30/2005); (A)7/30/2013) h. Easements shall be shown and shall be limited to utility easements, drainage easements, conservation easements, access easements and service easements; (©8/30/2005) i. A detailed statement as to whether and how the proposed development is consistent with the Town of Russell Land Use Plan; (©8/30/2005) j. Characteristics of vegetation; (©8/30/2005) k. Historic and cultural features; (©8/30/2005) l. Scenic vistas. (©8/30/2005) m. A plan for an alternative development shall and shall assure proper use, construction and maintenance of open space facilities Page 6 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 and shall result in a development superior to conventional development in terms of its benefits to future owners of the development, surrounding residents and the general public. The Town of Russell Board County Planning and Zoning Committee may shall place whatever additional conditions or restrictions it may deems necessary to insure development and maintenance of the desired character, including plans for disposition or re-use of property if the open space use is not maintained in the manner agreed upon or is abandoned by the owners. (©8/30/2005); (A)7/30/2013) (f) Nonconforming Parcels...Notwithstanding Sec. 13-1-26(d), any parcel of land with dimensions not conforming to the zoning district dimensions of this section that was created by a county-approved certified survey map or plat prior to the adoption of this section on the 30th day of August 2005, shall not be subject to the dimensional requirements of this section. Further subdivision of such parcels and all other parcels shall be governed by this section. (©8/30/2005) (g) Historic Site Overlay District. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. (©8/30/2005) (1) The purpose of this section is to: (©8/30/2005) a. Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the Town of Russell’s cultural, social, economic, political, artistic and architectural history; (©8/30/2005) b. Safeguard the Town of Russell’s historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts; (©8/30/2005) c. Foster civic pride in the notable accomplishments of the past; (©8/30/2005) d. Stabilize and improve property values and enhance the visual and aesthetic character of the Town of Russell; (©8/30/2005) e. Protect and enhance the Town of Russell’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry. (©8/30/2005) (2) Applicability. The Historic Site Overlay District shall apply to and include historic sites and/or historic structures placed therein pursuant to the provisions of paragraph (3) below. (©8/30/2005) (3) Classification Procedure and Criteria (©8/30/2005) a. Addition and Removal of Historic sites – Procedure (©8/30/2005) Page 7 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 1. Historic sites and historic structures may be added to, or removed from, the Historic Site Overlay District upon a petition by either the landowner or Town of Russell Board. (©8/30/2005) 2. Before adding or removing any site or structure to or from the Historic Site Overlay District, the Bayfield County Planning and Zoning Committee shall review the recommendation of the Town of Russell. (©8/30/2005); (A)7/30/2013) 3. The committee shall then vote to add or remove the site or structure to or from the Historic Site Overlay District based upon the recommendation of the Town of Russell and the criteria in paragraph b. below. The final decision shall be made by the Bayfield County Board. (©8/30/2005); 4. Designated historic sites or structures: (a) Engbloom School site Bayfield County Coordinates x8121100 y572800 (b) Sand Bay School site Bayfield County Coordinates x81400 y578300 (c) Raspberry School site Bayfield County Coordinates x827900 y569700 (d) Carver School Site Bayfield County Coordinates x832560 y561400 b. Criteria for Addition and Removal of Historic sites – For purposes of this section, a locally designated historic structure, historic site or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the Town of Russell, the state or the nation, which: (©8/30/2005) 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or (©8/30/2005) 2. Is identified with historic personages or with important events in national, state or local history; or (©8/30/2005) 3, Embodies the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship, or that represents a significant and distinguishable entity whose components lack individual distinction; or (©8/30/2005) 4. Is representative of the notable work of a master builder, designer or architect who influenced his age; or (©8/30/2005) Page 8 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 5. Has yielded, or may be likely to yield, information important to prehistory or history. (©8/30/2005) (4) Management and Maintenance – Ordinary maintenance and repairs may be undertaken, provided that the work involves repairs to existing features of a historic structure or site, or the replacement of elements of a structure with pieces identical in appearance, and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit. (©8/30/2005) (5) Permitted Uses – All uses permitted within the underlying zoning district, by right or by special exception, shall be permitted unless specifically prohibited below. In all cases, the more restrictive requirement(s) shall apply. (©8/30/2005) (6) Prohibited Uses – The following shall not be permitted within a historic district prior to the issuance of a special use permit. (©8/30/2005) a. The construction or reconstruction, alteration or demolition of all of or any part of the property. (©8/30/2005) b. Improvements made to any site or structure beyond the typical maintenance that will not change the appearance or character of the site or structure. (©8/30/2005) c. The construction, building or maintenance of any road path or thoroughfare for the passage of motor vehicles. (©8/30/2005) (7) The Town Board shall recommend and the county shall issue a special use or permit unless: (©8/30/2005) a. In the case of a historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done; (©8/30/2005) b. In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect, or not be compatible with, the external appearance of other neighboring improvements on such site or within the district; (©8/30/2005) c. In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district; (©8/30/2005) d. In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair; (©8/30/2005) Page 9 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 e. The building or structure is of such local architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and state; (©8/30/2005) f. In the case of a request for a demolition permit, the denial of the demolition permit would result in the loss of reasonable and beneficial use of, or return from, the property. (©8/30/2005) (h) Old-Growth Overlay District (©8/30/2005) (1) Purpose. The purpose of the Old-Growth Overlay District is to: (©8/30/2005) a. Discourage development and disturbance to the natural environment in areas with old-growth/virgin timber. (©8/30/2005) b. Provide areas where native flora and fauna may prosper in a natural habitat. (©8/30/2005) (2) Applicability. The Old-Growth Overlay District shall apply to Old-Growth Forests placed therein pursuant to paragraph (3) below. (©8/30/2005) (3) Classification procedure (©8/30/2005) a. Old-growth forests may be added to, or removed from, the Old- Growth Overlay District upon a petition by either the landowner or the Town of Russell Board. (©8/30/2005) Dave Good, Town of Russell Clerk, spoke in support stating that this language is the outcome of a meeting had with Rob. Good asked the committee to approve as proposed. Discussion ended. B. Bayfield Electric Cooperative Inc., owner and Diane Berweger, agent (Iron River) – Rezone R-1 to I [a 2.42-acre parcel (Tax ID #36633), described as that part of Lot 5 and Lot 6 of Block 29; Lots 1-6 of Block 30; and Lots 1-6 of Block 32, Section 8, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Larry Roecker, Bayfield County Electric, spoke in support asking the County to approve the rezone. File Report: Croonborg-Murphy stated that town would like to only rezone a portion of this property. It is lots 1-6 of block 32 only, and the Town Board approval is consistent with that. Discussion ended. C. Bayfield County Forestry, owner and Jason Bodine, agent (Cable) – EIA [a 10-acre parcel (Part of Tax ID #9119), described as NW ¼ of the SE ¼ of the NE Page 10 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 ¼ in V.128 P.114, Section 30, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Bussey asked if item C & D can be combined. Pocernich seconded. Jason Bodine spoke in support; there are no issues with the yurt site or the EIA. Bussey asked what are the intentions beyond the rustic campground, only one yurt or how many? Bodine stated up to 3 yurts but have no intentions of adding that many. File Report: Croonborg-Murphy stated there is Town Board approval and complies with the comprehensive plan. Discussion ended. D. Bayfield County Forestry, owner and Jason Bodine, agent (Cable) – (3 site) Campground [a 10-acre parcel (Part of Tax ID #9119), described as NW ¼ of the SE ¼ of the NE ¼ in V.128 P.114, Section 30, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] See item C (above) 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Bussey seconded. Motion carried. Adjourned at 4:11 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:11 pm. 10. Roll Call: Bussey, Pocernich, and Rondeau, and – all present. Jardine and Strand – Absent. Others present were: Jennifer Croonborg-Murphy-AZA, Josh Rowley-AZA, and Krystal Hagstrom - Secretary. Director-Rob Schierman – Absent. 11. 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 13-1-63, 13-1-63( e)(3), 13-1-63(g)(3). Sec. 13-1-63 Town of Russell Overlay District (©8/30/2005) (a) Applicability. The Town of Russell Overlay District shall apply to and include all lands within the Town of Russell. (©8/30/2005) (b) Intent of Town of Russell Overlay District. The intent of this overlay district is to promote the public health, safety, convenience and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to permit the careful planning and efficient maintenance of roadways; to ensure adequate highway, utility, health, Page 11 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 educational and recreational facilities; to recognize the needs of agriculture, forestry, industry and business in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to encourage the protection of old-growth forests; to preserve wetlands; to conserve soil, water and forest resources; to protect the beauty and amenities of landscape and man-made developments; to provide healthy surroundings for family life; and to promote the efficient and economical use of public funds. (©8/30/2005) (c) Definitions. All terms contained herein shall be as defined in Sec. 13-1-4 unless otherwise defined within this section. (©8/30/2005) (1) Alternative Development. A development or land division in which dwellings and other buildings are located on only a portion of a development, in contrast to conventional practice, which distributes development evenly across the entirety of a parcel, in order to accomplish either of the following: (©8/30/2005) a. Preserve by deed restriction, including conservation easement, restrictive covenant and development rights transfers, the majority of the land division parcel for present or future agricultural use or conservation; (©8/30/2005) b. Create, maintain or expand protective barriers contiguous with roadways, lakes, wetlands and other natural resources in the Town of Russell. (©8/30/2005) (2) Certified Forester. A person meeting the requirements of Section NR 1.21(2)(e) of the Wisconsin Administrative Code. (©8/30/2005) (3) Conservation Easement. As provided in §700.40, Wis. Stats., a holder's non-possessory interest in real property imposing any limitation or affirmative obligation, the purpose of which includes retaining or protecting natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in §157.70(1)(b), Wis. Stats. or preserving the historical, architectural, archaeological or cultural aspects of real property. (©8/30/2005) (4) Deed restriction. A restriction on the use of a property set forth in a deed or other instrument of conveyance, including, but not limited to, a restrictive covenant, conservation easement, transfer of development rights or any restriction placed on undeveloped land as a condition for the division or development of the undeveloped land. (©8/30/2005) (5) Historic Site Overlay. An area designated by the Bayfield County Board that possesses a contiguous or nearly contiguous historic site(s), building(s), structure(s) or objects united historically and/or aesthetically by a common theme or a set of common characteristics that are historically or architecturally significant to the Town of Russell, the state or the nation. (©8/30/2005) Page 12 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 (6) Historic Site. Any parcel of land whose historic significance is due to a substantial value in tracing the history or prehistory of, humanity, or upon which a historic event has occurred and which has been designated as a historic site under this section, or an improvement parcel, or part thereof, on which is situated a historic structure and any abutting improvement parcel, or part thereof, used as, and constituting part of, the premises on which the historic structure is situated. (©8/30/2005) (7) Historic Structure/Building. Any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the Town of Russell, the state or the nation and which has been designated as a historic structure pursuant to the provisions of this section. (©8/30/2005) (8) Old-Growth Forest. A forest that includes at least eight 100-year old trees per acre; is at least five acres in size. (©8/30/2005) (d) Zoning District Dimensional Requirements and Classification. Except as provided in subsections (e) and (f) below, the following dimensional requirements shall apply to all parcels located within the Town of Russell Overlay District: (©8/30/2005) (©8/30/2005) * Or the equivalent of ½ of a ¼ – ¼ section. (©8/30/2005) ** Or the equivalent of 1/8 of a ¼ – ¼ section. (©8/30/2005) The classification of uses stated in Section 13-1-62 of the Bayfield County ordinances as of the date of the adoption of this section shall apply to the Town of Russell Overlay District. (©8/30/2005) (e) Alternative Developments. In order to further the goals and policies of the Town of Russell Land Use Plan, the Bayfield County Planning and Zoning Committee Town of Russell Board will favor plans for land divisions that provide Minimum Side and Rear Yard Zoning District Minimum Area Minimum Frontage Minimum Average Width Principal Building Accessory Building R-RB, R-1 20 9.5 acres 150’ 150’ 10’ 10’ F-1, R-2, A-1 20 9.5 acres 300’ 300’ 75’ 30’ R-3 20 9.5 acres 200’ 200’ 20’ 20’ F-2, A-2 35 acres 1,200’ 1,200’ 75’ 75’ I, C 5 acres 300’ 300’ 75’ 75’ R-4 (a) Sewer/Water 20 9.5 acres 75’ 75’ 10’ 10’ (b) Sewer Only 20 9.5 acres 75’ 75’ 10’ 10’ (c) Water Only 20 9.5 acres 100’ 100’ 10’ 10’ W 5 acres N/A N/A N/A N/A Page 13 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 for an alternative development. At the discretion of the Bayfield County Planning and Zoning Committee Town of Russell Board, deed restrictions, including restrictive covenants, or conservation easements, or both, may be required for such plans. (©8/30/2005); (A)7/30/2013) (1) Minimal Lot Area. The minimal lot area as stated in subsection (d) above shall apply unless the developer submits an application and plan for an alternative development that includes a plan as to how the minimal open space will be maintained. Upon consideration of the recommendation and approval by the Town of Russell and the approval by the Bayfield County Planning and Zoning Committee of a plan for an alternative development, the minimal lot requirements of Section 13-1-60 of the Bayfield County Zoning Ordinance shall apply to that portion of the development not required to meet the open space requirements. (©8/30/2005); (A)7/30/2013) (2) Minimal Open Space. A plan for an alternative development shall include minimal open space as set forth in the table below. (©8/30/2005) (©8/30/2005) (3) Ownership of Minimal Open Space. Ownership of the open space shall as follows: (©8/30/2005); (A)12/15/2009) a. Each unit created under this section may own an equal amount of the required minimum open space, or an unequal amount of open space or none of the required open space if that was the wishes of the owner as long as the minimum requirement was met. (e.g. If there is 18 acres of open space required, for four units, each unit must have at least 4.5 acres of the open space.) A deed restriction shall be recorded describing the open space and buildable space, restricting the entire lot from being subdivided and prohibiting any structure; any change in the use of the land requiring a permit within the open space or (©12/15/2009) b. An Any individual or entity may own the entire open space. A deed restriction shall be recorded describing the open space, prohibiting the open space from being subdivided and prohibiting any structure; any change in the use of the land requiring a permit within the open space. (©12/15/2009) c. The creation of any lots and open space shall be by a Certified Survey Map. (©12/15/2009) d. A Class B A Special Use permit shall be required prior to any subdivision under this section. The Town of Russell shall notify Zoning District Percent of acreage required to remain open space Percentage of acreage dividable under section 13- 1-60 R-RB, R-1, R-4, I, C 35% 65% F-1, R-2, R-3, A-1 45% 55% F-2, A-2 50% 50% Page 14 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 adjacent property owners by issuing notice by certified mail at least 10 days prior to the Town Plan Commission and Town Board acting upon such permit. (©12/15/2009) (4) Uses of Open Space. Space that is dedicated to be open shall be maintained in a natural, undisturbed condition, which shall include the farming of crops, and keeping of animals. Limited access may be allowed for passive or active recreation. (©8/30/2005) (5) Additional Plan Requirements. A plan for an alternative development shall meet all of the requirements of the Bayfield County Zoning Ordinance and shall include the following: (©8/30/2005) a. The location of all improvements and minimal open space and a plan as to how the minimal open space will be maintained. (©8/30/2005) b. A plan that as to how the minimal open space will be used and maintained; (©8/30/2005) c. Existing zoning on and adjacent to the proposed development; (©8/30/2005) d. Any proposed lake and stream access with a small drawing clearly indicating the location for the proposed development in relation to the access; (©8/30/2005) e. Any proposed lake and stream improvements or relocation; (©8/30/2005) f. All Department of Natural Resources designated wetlands, and any field verified wetlands designated by a public agency. (©8/30/2005) g. The Town of Russell Board County Planning and Zoning Committee shall require submission of a draft of protective covenants, where a covenant is proposed and whereby the land divider intends to regulate land use in the proposed development. The covenants may be subject to the review and approval of the Town’s Bayfield County Corporation Counsel as to form; (©8/30/2005); (A)7/30/2013) h. Easements shall be shown and shall be limited to utility easements, drainage easements, conservation easements, access easements and service easements; (©8/30/2005) i. A detailed statement as to whether and how the proposed development is consistent with the Town of Russell Land Use Plan; (©8/30/2005) j. Characteristics of vegetation; (©8/30/2005) k. Historic and cultural features; (©8/30/2005) Page 15 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 l. Scenic vistas. (©8/30/2005) m. A plan for an alternative development shall and shall assure proper use, construction and maintenance of open space facilities and shall result in a development superior to conventional development in terms of its benefits to future owners of the development, surrounding residents and the general public. The Town of Russell Board County Planning and Zoning Committee may shall place whatever additional conditions or restrictions it may deems necessary to insure development and maintenance of the desired character, including plans for disposition or re-use of property if the open space use is not maintained in the manner agreed upon or is abandoned by the owners. (©8/30/2005); (A)7/30/2013) (f) Nonconforming Parcels...Notwithstanding Sec. 13-1-26(d), any parcel of land with dimensions not conforming to the zoning district dimensions of this section that was created by a county-approved certified survey map or plat prior to the adoption of this section on the 30th day of August 2005, shall not be subject to the dimensional requirements of this section. Further subdivision of such parcels and all other parcels shall be governed by this section. (©8/30/2005) (g) Historic Site Overlay District. It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. (©8/30/2005) (1) The purpose of this section is to: (©8/30/2005) a. Effect and accomplish the protection, enhancement and preservation of such improvements, sites and districts which represent or reflect elements of the Town of Russell’s cultural, social, economic, political, artistic and architectural history; (©8/30/2005) b. Safeguard the Town of Russell’s historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts; (©8/30/2005) c. Foster civic pride in the notable accomplishments of the past; (©8/30/2005) d. Stabilize and improve property values and enhance the visual and aesthetic character of the Town of Russell; (©8/30/2005) e. Protect and enhance the Town of Russell’s attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry. (©8/30/2005) (2) Applicability. The Historic Site Overlay District shall apply to and include historic sites and/or historic structures placed therein pursuant to the provisions of paragraph (3) below. (©8/30/2005) Page 16 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 (3) Classification Procedure and Criteria (©8/30/2005) a. Addition and Removal of Historic sites – Procedure (©8/30/2005) 1. Historic sites and historic structures may be added to, or removed from, the Historic Site Overlay District upon a petition by either the landowner or Town of Russell Board. (©8/30/2005) 2. Before adding or removing any site or structure to or from the Historic Site Overlay District, the Bayfield County Planning and Zoning Committee shall review the recommendation of the Town of Russell. (©8/30/2005); (A)7/30/2013) 3. The committee shall then vote to add or remove the site or structure to or from the Historic Site Overlay District based upon the recommendation of the Town of Russell and the criteria in paragraph b. below. The final decision shall be made by the Bayfield County Board. (©8/30/2005); 4. Designated historic sites or structures: (a) Engbloom School site Bayfield County Coordinates x8121100 y572800 (b) Sand Bay School site Bayfield County Coordinates x81400 y578300 (c) Raspberry School site Bayfield County Coordinates x827900 y569700 (d) Carver School Site Bayfield County Coordinates x832560 y561400 b. Criteria for Addition and Removal of Historic sites – For purposes of this section, a locally designated historic structure, historic site or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archeological or cultural significance to the Town of Russell, the state or the nation, which: (©8/30/2005) 1. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or (©8/30/2005) 2. Is identified with historic personages or with important events in national, state or local history; or (©8/30/2005) 3, Embodies the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship, or that represents a significant and distinguishable entity whose components lack individual distinction; or (©8/30/2005) Page 17 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 4. Is representative of the notable work of a master builder, designer or architect who influenced his age; or (©8/30/2005) 5. Has yielded, or may be likely to yield, information important to prehistory or history. (©8/30/2005) (4) Management and Maintenance – Ordinary maintenance and repairs may be undertaken, provided that the work involves repairs to existing features of a historic structure or site, or the replacement of elements of a structure with pieces identical in appearance, and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit. (©8/30/2005) (5) Permitted Uses – All uses permitted within the underlying zoning district, by right or by special exception, shall be permitted unless specifically prohibited below. In all cases, the more restrictive requirement(s) shall apply. (©8/30/2005) (6) Prohibited Uses – The following shall not be permitted within a historic district prior to the issuance of a special use permit. (©8/30/2005) a. The construction or reconstruction, alteration or demolition of all of or any part of the property. (©8/30/2005) b. Improvements made to any site or structure beyond the typical maintenance that will not change the appearance or character of the site or structure. (©8/30/2005) c. The construction, building or maintenance of any road path or thoroughfare for the passage of motor vehicles. (©8/30/2005) (7) The Town Board shall recommend and the county shall issue a special use or permit unless: (©8/30/2005) a. In the case of a historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done; (©8/30/2005) b. In the case of the construction of a new improvement upon a historic site, or within a historic district, the exterior of such improvement would adversely affect, or not be compatible with, the external appearance of other neighboring improvements on such site or within the district; (©8/30/2005) c. In the case of any property located in a historic district, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district; (©8/30/2005) Page 18 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 d. In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair; (©8/30/2005) e. The building or structure is of such local architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the city and state; (©8/30/2005) f. In the case of a request for a demolition permit, the denial of the demolition permit would result in the loss of reasonable and beneficial use of, or return from, the property. (©8/30/2005) (h) Old-Growth Overlay District (©8/30/2005) (1) Purpose. The purpose of the Old-Growth Overlay District is to: (©8/30/2005) a. Discourage development and disturbance to the natural environment in areas with old-growth/virgin timber. (©8/30/2005) b. Provide areas where native flora and fauna may prosper in a natural habitat. (©8/30/2005) (2) Applicability. The Old-Growth Overlay District shall apply to Old-Growth Forests placed therein pursuant to paragraph (3) below. (©8/30/2005) (3) Classification procedure (©8/30/2005) a. Old-growth forests may be added to, or removed from, the Old- Growth Overlay District upon a petition by either the landowner or the Town of Russell Board. (©8/30/2005) Bussey stated that he agrees with decrease in acreage threshold for an alternative development but does not agree with some procedural language, the Zoning Committee does not have the authority to dictate what the town can do. Where the language states class B Bussey thinks it should read class A. Bussey motioned to suspend rules and allow public comment. Pocernich seconded. No further discussion. Motion Carried. Dave Good stated this is language that Rob suggested. The Town does not have a problem with changing from a Class B to a Class A. Kathy Wendling agreed with Dave Good. Pocernich asked if this is going to create a snowball effect, will the rest of the Towns want to do this as well with their overlays. Croonborg- Murphy stated that this is just for the Town of Russell as they have an alternative development. Croonborg-Murphy stated that one of the amendments is to change the permit from a Class B to a Class A. That section goes on to require the town to notify adjacent owners, how is the Zoning Department going to track that? The department may be held liable if the Town does not follow the procedure. Croonborg-Murphy suggested the town have that procedure in their own ordinance guidelines and remove it from the County Ordinance. Page 19 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 Bussey motioned to recommend approval of the proposed changes in (d) of Section 13-1-63 (changing the lot sizes), change in (e) (3) (a), change in (e) (3) (d) only the first change (changing Class B to Class A) not the second change additional language. Change in (e) (4) and recommend that the rest of the proposed changes not be made. Recommend approval of the revision (g) (3) (a) (4) including A, B, C, & D under 4. Pocernich seconded. Croonborg-Murphy asked about (5) additional plan requirements, (a)-(m) after where it changes from a Class B to a Class A. If (g) and (m) can read they shall. Bussey amended his motion to include under (e) (5) (g) we recommend that the first line of that provision read: “County Planning and Zoning Department shall”, instead of what is proposed there. (m) where it reads, “Town of Russell Board shall” place substitute the following language: “Town of Russell board may recommend and County Zoning Department may place”. Pocernich seconded. Motion to amend carried. No further discussion. Original motion as amended carried. B. Bayfield Electric Cooperative Inc., owner and Diane Berweger, agent (Iron River) – Rezone R-1 to I [a 2.42-acre parcel (Tax ID #36633), described as that part of Lot 5 and Lot 6 of Block 29; Lots 1-6 of Block 30; and Lots 1-6 of Block 32, Section 8, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Pocernich motioned to approve only Lot 1-6 Block 32 Parcel ID#3363 (Part of) and the remaining stay residential. Bussey seconded. No further discussion. Motion carried. C. Bayfield County Forestry, owner and Jason Bodine, agent (Cable) – EIA [a 10-acre parcel (Part of Tax ID #9119), described as NW ¼ of the SE ¼ of the NE ¼ in V.128 P.114, Section 30, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Bussey motioned to approve. Pocernich seconded. No further discussion. Motion carried. D. Bayfield County Forestry, owner and Jason Bodine, agent (Cable) – (3 site) Campground [a 10-acre parcel (Part of Tax ID #9119), described as NW ¼ of the SE ¼ of the NE ¼ in V.128 P.114, Section 30, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Bussey motioned to approve up to three yurt site campground. Rondeau seconded. No further discussion. Motion carried. Agenda Review and Alteration E. Discussion and possible action regarding on-line permitting. Rondeau asked how the on-line permitting is going. Croonborg-Murphy and Rowley are not a part of the on-line permitting development but when the office does switch to on-line permitting there should be a computer in the Iron River office. Pocernich asked if there is a laptop. The reply was no. Pocernich stated there will be a laptop in the Iron River office. Page 20 of 20 ZC Planning and Zoning Public Hearing and Meeting – March 17, 2016 F. Committee members’ discussion(s) regarding matter of the P & Z department. Rowley stated there are 10 acres that the town of Barnes has as a gravel pit and they would like to reduce that to 5 but do not want to reapply for a conditional use. How would the Committee like them to proceed? Bussey suggested that be a question for corp counsel. They could just rescind 5 acres and if they wanted to open more acres up they would have to apply again. Croonborg-Murphy stated she asked Kris (administrators office) how the UDC contracts were coming. Kris was not aware of any contacts being made and the contracts may be in the drafting stages. 12. Monthly Report / Budget and Revenue Croonborg-Murphy explained the reason for being behind in budget from last year is because of the $30,000 application that came in last year. Without taking that application into consideration, the department is about $7,422 above budget. Pocernich motioned to receive and place on file, Bussey seconded. No further discussion. Motion carried. 13. Adjournment Rondeau called adjournment at 4:45 pm. Prepared by KMH on 3/18/2016; given to JCM 3/18/2016 Approved by JCM on Cannot review for final approval her meeting notes have been taken from her desk twice 4/15/16 Sent to ZC on 4/15/16 Final Approval on 4/21/2016 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2016/#3 March