HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 5/18/2017
Page 1 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MAY 18, 2017
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Bussey, Pocernich, Rondeau, Silbert and Strand – all present.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, and
Krystal Hudachek - Secretary.
3. Affidavit of Publication: Schierman showed the audience the affidavit of publication
and the certified mailing receipts.
4. Public Comment – 3 minutes per citizen
5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the April 20,
2017 meeting.
Silbert motioned to approve. Strand seconded. No further discussion.
Motion carried.
6. 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. Rondeau stated that item D in
the public hearing has been withdrawn and will not be discussed today. Bussey stated
that he would like to address both the reclamation plan and the non-metallic mines at the
same time.
7. Public Hearing:
A. Weyerhaeuser Company / Andrew Peters (Barnes) – reclamation plan [a 40-
acre parcel (Tax ID #2246), described as SE ¼ of the NE 1/4, Section 21, Township
44 North, Range 9 West, Town of Barnes, Bayfield County, WI]
Candy Anderson, spoke in support. The reclamation plan was updated and
approved as of April 2017. This pit is on 40 acres and there is about 30 acres open.
All the top soil was saved and will be used when the reclamation happens. The
end land use with be a recreational forest with a pond. Bussey asked if they will
reclaim as they go or all at once. Anderson replied that they like to reclaim as they
go. Silbert asked if there are any acres that are reclaimed now. Anderson replied
no, not now as there are stock piles that need to be moved before they can start
the reclaiming process. This permit was approved in 2006 and they are not asking
for any changes at this time. Hours of operation are 6:30am to 6:30 pm Monday
through Friday with crushing hours from 7 am to 5 pm Monday through Friday.
Strand asked if explosives are used and Anderson replied with yes, same hours
as crushing. Bussey asked the duration of the pit. Anderson stated 10-15 years
left.
Page 2 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
File Report: Schierman stated the reclamation plan is on file and approved
contingent upon financial assurance.
Discussion ended.
B. Weyerhaeuser Company / Andrew Peters (Barnes) – continue operation of
non-metallic mine [a 40-acre parcel (Tax ID #2246), described as SE ¼ of the NE
1/4, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield
County, WI]
See above.
Discussion ended.
C. Gary Thompson (Washburn) – multiple principal structures (consisting of
existing residence and a 1991 mobile home) [a 40-acre parcel (Tax ID #31207),
described as NE ¼ of the NW 1/4, Section 35, Township 49 North, Range 5 West,
Town of Washburn, Bayfield County, WI]
Chairman Rondeau introduced the request. File Report: Schierman stated there
is Town Board approval and they have checked it with their comp plan. (read letter
from Town. See attachment A)
Discussion ended.
D. Fire Hill LLC/Robert Davidson (Bayfield) – rezone (4) parcels from Ag-1/F-1
to R-2 [ Parcel #1 is a 38.6-acre parcel (Tax ID# 4379), described as the NE ¼ of
the SW ¼ in V. 1080 P. 168-169; and Parcel #2 is a 14.5-acre parcel (part of Tax
ID# 36440), described as that part of the SE ¼ of the SW ¼ intended to be all of
said SE SW lying North of the Association Park and West of CSM #1657, in V.
1080 P.168-169; both parcels are located in Section (3), Township (50) North,
Range (4) West, Town of Bayfield, Bayfield County, WI. Parcel #3 is a 39.5-acre
parcel (Tax ID# 35741), described as the NE ¼ of the NW ¼ in V. 1080 P. 168-
169; located in Section 10, Township 50 North, Range 4 West, Town of Bayfield,
Bayfield County, WI. Parcel #4 is a 3.05-acre parcel (Tax ID# 35739), described
as Lot 6 of CSM #1657 in V. 1080 P. 168-169; located in Section 3, Township 50
North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Withdrawn
E. Mathy Construction Co / Perry Atterholt (Iron River) – reclamation plan [a 40-
acre parcel (Tax ID #20127), described as SW ¼ of the SW 1/4, Section 36,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Candy Anderson spoke in support. This pit was taken over by Mathy in 2007. It is
being mined for sand and gravel. Much like the other pit the top soil has been
removed and saved for reclamation. They will return the banks back to a 3:1 slope.
There is a wash pond on site and the muck from the pond will be used to help
establish vegetation. The insurance bond has been updated from $19,000 to
$72,000. Also, requesting a temp asphalt plant to use as needed. This was part of
the original request and approval. Bussey asked how far away the nearest resident
is. Anderson relied that they own about 800 acres around the site. Pocernich
Page 3 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
asked if this is the Crooked Lake site. Anderson answered yes. File Report:
Schierman stated there is Town Board approval and no letters of support or
opposition.
Discussion ended.
F. Mathy Construction Co / Perry Atterholt (Iron River) – continue operation of
existing non-metallic mine and temporary asphalt plant [a 40-acre parcel (Tax
ID #20127), described as SW ¼ of the SW 1/4, Section 36, Township 47 North,
Range 8 West, Town of Iron River, Bayfield County, WI]
See above
Discussion ended.
G. Richard & Janet Dale / Jon Dale (Bayfield) – farm winery [a 30-acre parcel (Tax
ID #37494), described as N ¾ of the SE ¼ of the SE ¼ of document
#2016R565854, Section 4, Township 50 North, Range 4 West, Town of Bayfield,
Bayfield County, WI]
Jon Dale spoke in support, asking for approval for a CUP on a 30 acre parcel for
winery sales in existing buildings.
Roxanne Dalzell, adjacent property owner, spoke in support stating the owners
have a very nice farm and this is a great idea.
File Report: Schierman stated there is Town Board approval and they have
indicated it meets their comp plan. Croonborg-Murphy stated there is a 41-year-
old septic system on the property and she has already spoke with the property
owner about this. There will need to be a system verification filed.
Discussion ended.
H. Arnold & Patricia Carver / John Thiel (Bayfield) – store (sporting goods,
clothing, event center, bar & micro-brewery) [a 36.53-acre parcel (Tax ID
#5896), described as Lots 8, 16, 17, 18, 19, 20 and 21 of vacated plat of Lake View
Heights in V. 665 P. 428, Section 23, Township 50 North, Range 4 West, Town of
Bayfield, Bayfield County, WI]
John Thiel spoke in support explaining he is purchasing 11 acres of the 36 and
would like to have a sporting goods store there with a micro-brewery and outside
seating. He is also purchasing the bike shop in Bayfield and would like to move
that out there as well. Schierman asked if there is going to be any signage on the
property, Thiel stated yes.
Gary Dalzell spoke in support but is concerned about traffic turning into the
property and the speed limit. He was directed by Schierman to contact the DOT.
File Report: Schierman stated there is Town Board approval.
Discussion ended.
Page 4 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
8. Adjournment of Public Hearing:
Pocernich made a motion to adjourn, Silbert seconded. Motion carried.
Adjourned at 4:35 pm.
9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:35 pm.
10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present.
Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, and
Krystal Hagstrom - Secretary.
11. New Business:
A. Weyerhaeuser Company / Andrew Peters (Barnes) – reclamation plan [a 40-
acre parcel (Tax ID #2246), described as SE ¼ of the NE 1/4, Section 21, Township
44 North, Range 9 West, Town of Barnes, Bayfield County, WI]
Pocernich motioned to approve. Strand seconded. Strand asked if there
was Town Board approval. Schierman stated there is not but this is the second
renewal of this pit and they were approved by the Town in the past. No further
discussion. Motion carried.
B. Weyerhaeuser Company / Andrew Peters (Barnes) – continue operation of
non-metallic mine [a 40-acre parcel (Tax ID #2246), described as SE ¼ of the NE
1/4, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield
County, WI]
Bussey motioned to approve with the same terms as the previous permit
and that it is consistent with County comp plan and all applicable laws and
community and general welfare. Silbert seconded with clarification. (Hours of
operation from 6:30 am to 6:30 pm Monday – Friday and crushing hours from 7 am
to 5 pm Monday – Friday). Strand added that the use of explosives be the same
hours as the crushing hours. Ok with motion and second. No further discussion.
Motion carried.
C. Gary Thompson (Washburn) – multiple principal structures (consisting of
existing residence and a 1991 mobile home) [a 40-acre parcel (Tax ID #31207),
described as NE ¼ of the NW 1/4, Section 35, Township 49 North, Range 5 West,
Town of Washburn, Bayfield County, WI]
Croonborg-Murphy addressed comments from the Town. This is the second CUP
that addresses second principle structures in the Town of Washburn, where the
Town wanted to place conditions that cannot be enforced. We don’t issue permits
for long term rentals. There is no way to track that condition the Town placed. As
far as the sanitary system is concerned there is verification that the system is
functioning properly and they are required to pump every 2 years instead of the 3-
year requirement.
Page 5 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
Bussey motioned to approve with the condition that it not be rented out,
either building. Silbert seconded. No further discussion. Motion carried. (4
approved – Silbert, Bussey, Rondeau, and Strand. 1 opposed – Pocernich).
D. Fire Hill LLC/Robert Davidson (Bayfield) – rezone (4) parcels from Ag-1/F-1
to R-2 [ Parcel #1 is a 38.6-acre parcel (Tax ID# 4379), described as the NE ¼ of
the SW ¼ in V. 1080 P. 168-169; and Parcel #2 is a 14.5-acre parcel (part of Tax
ID# 36440), described as that part of the SE ¼ of the SW ¼ intended to be all of
said SE SW lying North of the Association Park and West of CSM #1657, in V.
1080 P.168-169; both parcels are located in Section (3), Township (50) North,
Range (4) West, Town of Bayfield, Bayfield County, WI. Parcel #3 is a 39.5-acre
parcel (Tax ID# 35741), described as the NE ¼ of the NW ¼ in V. 1080 P. 168-
169; located in Section 10, Township 50 North, Range 4 West, Town of Bayfield,
Bayfield County, WI. Parcel #4 is a 3.05-acre parcel (Tax ID# 35739), described
as Lot 6 of CSM #1657 in V. 1080 P. 168-169; located in Section 3, Township 50
North, Range 4 West, Town of Bayfield, Bayfield County, WI]
Withdrawn
E. Mathy Construction Co / Perry Atterholt (Iron River) – reclamation plan [a 40-
acre parcel (Tax ID #20127), described as SW ¼ of the SW 1/4, Section 36,
Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI]
Strand motioned to approve based on its review and approval by the Land
Conservation Department and contingent upon financial assurance. Bussey
seconded. No further discussion. Motion carried.
F. Mathy Construction Co / Perry Atterholt (Iron River) – continue operation of
existing non-metallic mine and temporary asphalt plant [a 40-acre parcel (Tax
ID #20127), described as SW ¼ of the SW 1/4, Section 36, Township 47 North,
Range 8 West, Town of Iron River, Bayfield County, WI]
Bussey motioned to grant for 10 years with the same purposes as the
current permit (crushing and occasional hot mix). Strand seconded that it is
consistent with Town Comp plan and economic development and wellbeing. No
further discussion. Motion carried.
G. Richard & Janet Dale / Jon Dale (Bayfield) – farm winery [a 30-acre parcel (Tax
ID #37494), described as N ¾ of the SE ¼ of the SE ¼ of document
#2016R565854, Section 4, Township 50 North, Range 4 West, Town of Bayfield,
Bayfield County, WI]
Silbert motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan, consistency with County Comp plan and community and
general welfare. Pocernich seconded. Croonborg-Murphy asked if this would
include signage. Ok with motion and second to include on and off premise signage.
No further discussion. Motion carried.
H. Arnold & Patricia Carver / John Thiel (Bayfield) – store (sporting goods,
clothing, event center, bar & micro-brewery) [a 36.53-acre parcel (Tax ID
#5896), described as Lots 8, 16, 17, 18, 19, 20 and 21 of vacated plat of Lake View
Page 6 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
Heights in V. 665 P. 428, Section 23, Township 50 North, Range 4 West, Town of
Bayfield, Bayfield County, WI]
Bussey motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan, consistency with County Comp plan and community and
general welfare and that it includes on and off premise signage as permitted under
the ordinance. Strand seconded. No further discussion. Motion carried.
I. DNR State of Wisconsin / Town of Bayfield (Bayfield) – trailhead and
shoreland grading [a 16.5-acre parcel (Tax ID #4959), described as a parcel of
land in Govt Lot 1, Section 27, Township 50 North, Range 4 West, Town of
Bayfield, Bayfield County, WI]
Croonborg-Murphy introduced the project and its history, she also informed the
Committee of why the permit is needed.
Pocernich motioned to approve based on Town Board Approval, that it
meets the Comprehensive Plan. Silbert seconded. No further discussion.
Motion carried.
J. Duwayne Bronson (Drummond) – residential garage in commercial zone [a
0.275-acre parcel (Tax ID #15184), described as N ½ of Lot 26 and Lots 27 & 28
Block 18 of Town site of Drummond, Section 33, Township 45 North, Range 7
West, Town of Drummond, Bayfield County, WI]
Bronson explained he would like a 2-car garage on commercial property. It is
surveyed. Schierman stated there is Town Board approval and meets comp plan
and improvement is a plus for the Town.
Strand motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan. Pocernich seconded. No further discussion. Motion
carried.
K. Town of Cable / Robert Lang (Cable) – public / municipal building (restrooms)
[a 2.18-acre parcel (Tax ID #9983), described as Assessors Plat #1 of Village of
Cable Lot 2 Block A, Section 18, Township 43 North, Range 7 West, Town of
Cable, Bayfield County, WI. A 0.04-acre parcel (Tax ID#34717), described as Lot
1 of CSM #1967 in V.11 P.317 in Section 18, Township 43 North, Range 7 West,
Town of Cable, Bayfield County, WI]
Robert Lang explained 2 years ago the Town built a public parking lot and now
would like to add a small restroom, two stalls, on a small lot.
Bussey motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan, community and general welfare, and maintenance of
safe and healthful condition. Pocernich seconded. No further discussion.
Motion carried.
L. Allan Smiles (Bayview) – consideration of Town denial to Class B [a 1.82-acre
parcel (Tax ID #6293), described as 2 parcels in Govt Lot 1, Section 5, Township
49 North, Range 4 West, Town of Bayview, Bayfield County, WI]
Page 7 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
Croonborg-Murphy explained this originally came as a class A and the applicant
does have a permit from the DNR for rip-rap. Land ward of the rip-rap the DNR
does not permit. The Town originally denied and said there wasn’t any erosion, so
the applicant upgraded the application. The Town did approve the Class B.
Allan Smiles stated that there is a highwater situation that the sand berm in front
of the onion river flows out and then the shoreline is exposed to the Northeast wind
and waves. This is a big decision and not taken lightly, it is very serious and
expensive.
Bussey motioned to approve with condition that the 35’ buffer, except the
viewing corridor be maintained and use best management practices, based on
Town Board Approval, that it meets the Comprehensive Plan, relevant public input,
community and general welfare, existing topographic, drainage features and
vegetative cover and the erosion potential of the site. Strand seconded. No
further discussion. Motion carried.
M. Rebecca Neilson (Bayview) – home-based business (massage therapy) [a
4.998-acre parcel (Tax ID #6560), described as 2 parcels in NE ¼ of the SW 1/4,
Section 21, Township 49 North, Range 4 West, Town of Bayview, Bayfield County,
WI]
Rebecca Neilson explained she would like to have a one therapist therapeutic
massage in existing structure. Croonborg-Murphy stated this is the new owner of
the house and there are no special concerns. There is a new mound system on
the property. Schierman stated there is Town Board approval and meets comp
plan. Croonborg-Murphy stated she will get license through the state as well.
Pocernich motioned to approve based on Town Board Approval, that it
meets the Comprehensive Plan, and community and general welfare. Silbert
seconded. No further discussion. Motion carried.
N. Susan Keachie (Bell) – residence in a commercial zone [a 0.43-acre parcel
(Tax ID #8145), described as Lot 7-12, Block 6, Of Village of Cornucopia Less N
18’ of Lot 7 Section 34, Township 51 North, Range 6 West, Town of Bell, Bayfield
County, WI]
Croonborg-Murphy said this was established years ago but lost its status and
now if coming back before the Committee to reestablish its use. Schierman
explained there is Town Board approval and meets comp plan.
Strand motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan, and community and general welfare. Bussey
seconded. No further discussion. Motion carried.
O. Discussion and Possible Action regarding on-line permitting
Schierman explained that last week the user acceptance testing was deployed.
Since it has been so busy in the office, there hasn’t been time to test it.
P. Committee members’ discussion(s) regarding matters of the P & Z
department
Page 8 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 18, 2017
Bussey discussed a new procedure for rezones.
Schierman discussed BOA / racetrack issue.
Schierman stated there was an offer made to an applicant to fill Josh’s position.
Did not hear if he accepted the offer.
12. Monthly Report
Schierman stated in March fees collected where $51,720. Land Use up by 12 and sanitary
down by 4 permits. In April, the department took in $72,320 and land use is up by 14 and
sanitary is down by 7 permits.
Silbert motioned to receive and place on file, Pocernich seconded. No further
discussion. Motion carried.
13. Adjournment
Rondeau called adjournment at 5:41pm.
Prepared by KMH on 5/19/2017; given to RDS 5/19/2017
Approved by RDS on 5/23/2017
Sent to ZC on 5/23/2017 Final Approval on 6/15/2017
cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2017/#5 May