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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 2/16/2017 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING FEBRUAY 16, 2017 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. Rondeau announced to the audience that a letter written to Robert Schierman, Director of Planning and Zoning was received from Michael Hines, Atty requesting that the rezone for West Big Lake Properties, LLC be withdrawn. He announced the committee will not take any public comments during the public comment portion; nor will they address the item on the agenda at all. No comments no speaking. 2. Roll Call: Bussey, Pocernich, Rondeau, Silbert and Strand – all present. Others present were: Director-Robert Schierman, Jennifer Croonborg-Murphy-AZA, Perri Shuga Campbell, Acting 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 – None 6. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the January 19, 2017. Silbert motioned to approve. Bussey seconded. No further discussion. Motion carried. 7. Public Hearing: A. Bolder Point (Russell) – rezone (7) seven parcels from F-1 to R-RB Robert Schierman, Director, Planning and Zoning reviewed the file. He stated that recently there had been an application for a rezoning by Bolder Point LLC. Rondeau asked if anyone would like to speak in favor. Craig Haukaas, agent for Bolder Point LLC stated the Town of Russell Board was in favor and had toured the parcels on September 12, 2016. Haukaas then explained that the Russell Town Board had approved an amendment to their Comprehensive Plan to Rural-Moderate Residential to support the amendment to zoning. He then introduced Jenna Erickson, a consultant for Bolder Point, who gave a power point presentation describing the physical attributes of the property. And also gave examples of why current zoning of F-1 is not the highest and best use of the property. A video was presented from Paul “Rocky” Tribovich, Town Chairman, who was in favor of the project and explained how it would positively Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 affect the tax base. Twenty-six letters were presented to the Committee in favor of the rezoning. Excerpts of letters from Larry Meierotto, Donald Sullivan and Roy M Bainbridge were also read who expressed their approval of the rezoning request. Haukaas then asked for questions from Committee members and presented the twenty-six letters in favor. Silbert asked questions regarding the scope of the 200-acre development; how many homes are planned, what type of businesses would be developed, and what type of infrastructure would be planned. Haukaas replied it would be entirely market driven and there are three “ridges” on the property that would serve as high, medium and low in price grouping, the highest being the best view property. Access for the residential development would be from Turner Road and 5-7 homes would be the best density in that area. He said that the development would be decades in the making and that no concrete plans had been formed. He felt the first step was the rezoning issue and other items would follow. Bussey questioned the rezoning and wanted clarification regarding development allowed in F-1 and wanted to explore other zoning classifications that may be more suitable. It is his belief that R-1 may be more suitable for the area. Haukaas replied that R-RB would be the best route to allow more open possibilities for development, and limiting potential with R-1 zoning would be unwise. Strand also asked for clarification of limited structures in F-1. Schierman and Croonborg-Murphy helped clarify classification over such a large area and explained the potential that a Planned Unit Development makes better use of attributes and is more ecologically sound for the area. Haukaas also stated that was the intent. Silbert asked if there was plans for an airstrip in the area. Haukaas replied that there are no firm plans but did not want possibilities limited. No one else spoke in favor of the proposal. Rondeau asked if anyone would like to speak in opposition. Steve Oberle who is a neighboring property owner spoke in” strong” opposition and because of a logging encroachment on his property asked that Bolder Point provide a Certified Survey Map of the project and mark out all property lines. He expressed concern that the development was not compatible with the existing county land use plan and was concerned about the impact on items such as water quality. He also expressed concern with compatibility with existing land uses in the area. Oberle also stated that an airstrip already exists on the property which is used for an ultralight plane. Mark Wendling spoke neither in favor or against the development however stated that it needs to be strategically planned, be consistent and “smart growth concepts” should be utilized. He also stated that the Town of Russell Planning Commission had repeatedly asked for details regarding the development and nothing had been furnished to them. He said the Planning Commission could not recommend anything to the town board without knowing details. He urged the Committee to table the issue until further details could be presented. He said a lack of information was out of the ordinary for developers such as this. He stated Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 several legal entities had been consulted by the Russell Planning Commission, and all recommended that more solid plans and overlays be provided by Bolder Point before the Town Board proceeds with their recommendation. Kathleen Russell spoke in opposition stating that although she is not a Town of Russell resident she makes her living buying and selling houses and land, and has done so in Bayfield County for over 30 years. She wished to urge the Committee to make serious consideration to other tools available instead of rezoning. She suggested conservation subdivision and alternative developments which require more open space. Her concern is for existing springs, water and erosion and wants the Committee to request more information from the developers regarding their goals. She suggested R-2 zoning or R-3 zoning which allows for medium and large lots. She stated that more respect should be afforded to the animals and plants that are existing on the land. She also suggested that there are many tracts of land already zoned R-RB that are available for development and more consideration should be made before this proposal is granted. Discussion ended. B. It is noted that the petition from West Big Lake Properties LLC to rezone 47 lots and 5 Out lots in the Town of Bayfield from R-1 to R-RB has been withdrawn at the request of Michael S Hines, authorized agent 8. Adjournment of Public Hearing Motion to adjourn the public hearing by Pocernich, seconded by Bussey Motion carried. Adjourned at 4:36 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:37 pm. 10. Roll Call: Bussey, Pocernich, Rondeau, Silbert and Strand – all present. Others present were: Director-Robert Schierman, Jennifer Croonborg-Murphy-AZA.; Perri Shuga Campbell, Acting Secretary 11. Previous Business: (Jan) B. Petition to Amend Ordinance- Title 13 (13-1-41 & 13-1-41A) (Postponed 1/19/2017). . Schierman brought up concerns made by the Committee that allows for language changes. He stated that our ordinance is consistent with other counties across the state and that he cannot recommend anything different than what is already there. Bussey stated that he did not believe one year was a long enough lapse in time before a previously denied Special Use or Conditional Use request can be brought to the Committee again. His main concern was with Paragraph A and allowing an applicant to come back to the Committee if no circumstances have changed. His concern that in a hotly contested issue, an applicant with unlimited funds could simply wear down the opposition. He Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 suggested five years before a previously denied application could be brought back to the committee. Pocernich suggested no time limit. Those applicants who are denied have other means such as Board of Adjustment or Circuit Court. After further discussion regarding grey areas and other terminology. Motion by Bussey to recommend the Petition to Amend the Ordinance with the change that 12 consecutive calendar months be changed to 36 consecutive calendar months and spelled out twice with the terminology no conditional use permit and the second time with no special use permit; and the at the end the of (2) that “is approved” (written twice) be removed. Seconded by Pocernich. Motion Carried. 12. New Business: A. Bolder Point (Russell) – Rezone Seven (7) parcels from F-1 to R-RB. Schierman stated that there is Town Board Approval with the following notations: 1. It complies with the Town of Russell Future Land Use Map designation as “Moderate-Rural Residential”. 2. Supports Bayfield County Comprehensive Land Use Plan as follows: a) Economic development goal and objective to enhance quality of life for residents by expanding the local tax base (providing potential development for high end housing and new businesses). And b) This zoning classification supports the Comprehensive Plan definition for “Moderate-Rural Residential (primarily large lot or clustered development with forestry and recreation as a secondary function. 3. Development of this property under the R-RB zoning classification is subject to the Town of Russell Overlay District Zoning Ordinance which required 9.5-acre lot size unless developed as an Alternative Development. 4. Relevant public input supports that this is a good area for development. 5. Impact to the Town’s “rural character” is minimal in that approximately 2/3rds of the Town land mass is protected from development (County Forest Lands, National Park Service Lands, Tribal Trust Lands, and WI DNR Lands). 6. Site specific attributes are that “Lake Shore Lands” within the Town are fully developed in areas development is allowed. “Lake View” land in the Town are now the attractive area for future residential development. 7. Access to this property is facilitated by easements off “Turner Road”. He also stated he had two more letters of support that were not previously presented and one letter in opposition. Letters are on file. Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 Bussey stated that he believes the rezoning must be consistent with the County’s land use plan, which was derived from the original Town of Russell land use plan. Any deviations from that plan may not be allowed by statute. He is aware that the Town of Russell has revised its land use plan, but the County has not. The rezoning request is not consistent with what the county has adopted therefore Zoning Committee should not approve the request at this point in time. Schierman read parts of the county guidelines and believes that the Future Land Use Plan is to be used as a guideline only. The 9.5-acre requirement is consistent with the proposed development and Corporation Council agreed as well. Bussey stated that the request would be consistent if the rezone request was to R-1. He does not believe the R-RB would be consistent. He stated there is a statutory requirement that the Committee act within the guidelines of the land use plan. Potential commercial uses are not allowed under the present guidelines. Silbert stated he would like to be “Devil’s Advocate” and cited Chapter 13.1.105 of the County Ordinance and also Wisconsin Statutes 66.1001: Consistent with" means furthers or does not contradict the objectives, goals, and policies contained in the comprehensive plan. His concern was whether the Zoning Committee is considering the correct objectives. Schierman further clarified that any special use applications would have to come back to the Zoning Committee for approval and that all requirements of the Comprehensive Plan are being met. Pocernich wondered if three previous rezones were done legally under the guise of the present discussions. He believes if this rezone is not approved because of issues with the Comprehensive Plan, then other rezone requests will have to be rescinded as well. Strand wondered about the Town of Russel’s position on their Land Use Plan, whether it was in effect and how the status should affect the Zoning Committee’s decision. Schierman clarified the wording in the Comprehensive Plan and stated that the Committee in his opinion, is within guidelines. Bussey stated he believed that the Comprehensive Plan Map should be revised prior to rezones if necessary. Pocernich stated that the Comprehensive Plan can be amended once per year, however revising it each time there is a request would create a problematic time frame for applicants. Schierman agreed that running an amendment through along with a zoning change would create a problematic time frame for applicants and unnecessary Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 delays would be created. Croonborg-Murphy agreed. If amendments are created, then notification takes place at that time. Bussey stated that he believes more tools within the Zoning Ordinance should be utilized and that R-RB Zoning in this instance may not be appropriate. Silbert agreed. More zoning clarifications and requirements for subdivision were discussed. Silbert questioned the property line issues brought up in one of the complaints. Schierman stated that an extensive survey would have to be completed in order for the new plat to be considered for adoption. Haukaas wished to join in the discussion. Motion by Bussey. Seconded by Silbert to suspend the rules and allow for discussion from the floor. Motion carried. Haukaas stated that regarding the boundary dispute, he had reached out to Mr. Oberle for assistance and the request was declined. He said boundary disputes will be addressed when the plan is implemented. He stressed that R-RB zoning would allow for the most tools for proper development. Rondeau then closed the public input from the floor. There was more discussion regarding permissions and permitted uses for future issues. Chairman Rondeau requested a motion. Motion by Pocernich to recommend to the County Board approval of the rezoning request made by Bolder Point from F-1 to R-RB. Seconded by Silbert. More discussion. Silbert withdrew his second to the motion at that point. Rondeau then seconded the motion for the purpose of more discussion. Silbert stated that he would like to revise the motion, to recommend approval of the Bolder Point rezoning request, from F-1 to R-RB, as it is Consistent with Rule #8 of the guideline for approval of zoning requests: “The community or general welfare and economic impacts of the proposal”. Seconded by Pocernich. Motion on the amendment carried. There was more discussion on the motion and amendment. Strand expressed concerns as well as Bussey that it is not consistent with the County’s Land Use Plan, and also the lack of detail in the proposal. They also expressed concern over the R-RB rather than more restrictive R-1 and a potential loss of control over development with approval of R-RB. Roll Call Vote: Pocernich, yes; Silbert, yes: Bussey, no; Strand, no; Rondeau, yes. Motion carried to recommend that the County Board pass the request for rezoning by Bolder Point. Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – February 16, 2017 B. It is noted that the petition from West Big Lake Properties LLC has been withdrawn. C. Committee Members Discussion regarding Matters of the P & Z Dept.: There was no discussion. 13. Monthly Report / Budget and Revenue There was no report available. 14. Adjournment. Rondeau called adjournment at 5:36 p.m. Prepared by psc on 02/20-23; given to RDS 02/23 Approved by RDS on 4/11/17 Sent to ZC on 4/11/17 Final Approval on 4/20/2017 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2016/#8aug