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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 7/20/2017 Page 1 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JULY 20, 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, Tracy Pooler-AZA, and Krystal Hudachek - Secretary. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts noting the Town of Orienta and Drummund receipts were not returned to the office. 4. Public Comment – 3 minutes per citizen 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the June 15, 2017 meeting. Silbert motioned to approve as presented. Bussey 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. 7. Public Hearing: A. Lake Superior Big Top Chautauqua, Ltd / Kevin Hunt (Bayfield) – event center, fund raisers, dinner theatre, shuttle pick-up and (2) sleeping units for residential use [a 18.59–acre parcel (Tax ID# 33995) described as a parcel of land in NE NW and Lots 1-9 & Lots 11-19 Block 24 and Lots 1-20 Block 33 and Lots 1-20 Block 34 and Lots 7-10 and Lots 17-20 Block 52 and Lots 7-10 Block 51 of Rice and Thompson's Addition in Document 2016R0-565855 in Section 23., Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Kevin Hunt spoke in support, stating this is the old Northern Edge building and he is asking for an event center. The Town put a condition on that they stay within the foot print of existing building, he asks that this not be a condition. Bussey asked what sort of construction are you proposing. Hunt replied that is not known at this time, one story that better configures to what they want. There are problems with water damage and things like that in the existing building. Jack Beagan, chair of the Town of Bayfield Plan Commission, it is approved with conditions, one being staying within the existing footprint reason being that in October of this year Big Top is supposed to have their grand plan available for review. Until that plan comes out we want this condition attached, understanding it can be changed at a later time. There is a separate building just behind the big Page 2 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 building. Strand asked, if they would like additional building s in the future would need another conditional use permit? Schierman stated it would be an administrative permit as long as the use is permitted. Would caution the committee to restricting to just the footprint. Discussion ended. B. Honest Dog LLC / Julie Buckels (Bayview) – (2) unit short-term rental [a 0.68- acre parcel (Tax ID #6299), described as a parcel in NW ¼ NE ¼ Lying NWLY of St Hwy 13 in V.1019 P.91, Section 5, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Charley Ray spoke in support, he is the owner of the formerly know onion river tavern property on Hwy 13 and would like to use it as short-term rentals. Has been a rental property for 13 years. It is zoned commercial. Discussion ended. C. Town of Barksdale / Dennis Pocernich (Barksdale) – rock crushing operation (temporary) [a 4.09-acre parcel (Tax ID #566), described as a parcel in the NW ¼ NW ¼ in V.540 P.260, Section 35, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Dennis Pocernich, Town Board chair for the Town of Barksdale, spoke in support stating the Town is redoing a 3 mile stretch of Ondossagon road and they have removed the asphalt and have it stockpiled at the town garage and looking for a permit to crush the asphalt and replace it on the road. The plan commission did approve this with the condition that they place silt fence around the existing pile and they have done this already. This is a temporary permit until the road is complete. Discussion ended. D. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an ordinance amending Title 13-1; 13-3; and Tile 14 code of ordinances, Bayfield county, Wisconsin. See Exhibit A (Title 13-1; 13-3; & Title 14) Schierman spoke explaining this is the shoreland zoning ordinance amendment that has resulted from the changes enacted by the State Legislator during the process of approving the budget known as Act 55. Act 55 contained language that made NR 155 the shoreland zoning program for Wisconsin both the maximum and the minimum. Prior to Act 55 NR 155 allowed for Counties to be more restrictive than State Statute. About 20 years ago, Bayfield County went through great lengths to develop more restrictive standards for our lakeshore properties. Went through the public hearing process, had meetings, worked with multiple organizations and came to an agreement and had a system that worked really well for us up here. We had the County put a resolution in to the State. Personally, went to a different County and spoke with Senator Tom Tiffany, who was a sponsor of the bill, and asked for some provisions to be relaxed. All of the efforts from the Lakes Page 3 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 Associations and citizens that are concerned about water quality, fell on deaf ears. Have no choice but to remove any shoreland based standard from our ordinance that was more restrictive than the State standard NR 115. The State of Wisconsin supplied the Counties with a model ordinance. The Counties could adopt this ordinance or they could work with their own ordinance and amend to make it compliant. Started in 2016 (Schierman handed out packet of correspondence, see attachment A & B) and worked with the DNR and corporation counsel and made changes and came up with the draft that is before you now. There has been some concern that we have done away with lakes classification, we have not, but cannot have any standards that are based on lakes classification. Strand asked for clarification that these have not been approved by the DNR. Schierman stated no they have not but he believes they will be approved. Silbert asked if the lakes classification stays, would there be greater mitigation. Schierman answered, lakes classification shouldn’t impact what we can do with mitigation. Kenneth Bro, resident of the Town of Washburn, spoke in opposition having concerns about a mistake in the legal notification process for these amendments. None of the Towns or property owners received a map showing the properties affected and showing the proposed changes. Concerned about density, bank and bluff setbacks (the vague definition), and would like the Towns input. Asking the Committee to take more time and work with the Towns and do the job fairly. Carol LeBrec, spoke in opposition, and supports Kenneth Bro’s statements. She has concerns about taking more time to go through this with the Towns and lakes associations, density issues, and the huge impact of multiple unit developments, this change will destroy the lakes. Silbert asked if this was presented at the lakes association meeting, reply was yes, but that was only last week. There needs to be more time to go through the ordinance. Bussey asked about the memorandum that Croonborg-Murphy has submitted. Croonborg-Murphy corrected one statement that the draft she received in July was 38 pages and this one is 68. There are some opportunities for creative solutions as far as redefining lot as it pertains to impervious surface calculations. This would help a lot with mitigation. There are a lot of things that can be done with vegetative screening language. There is a lot of room for adaptation. Some Counties have adapted to density requirements in certain zones. Bussey asked about her and Schierman’s thoughts on separating the shoreland ordinance. Rondeau stated this needs to be taken up in the business portion of the meeting. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:45 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:45 pm. 10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present. Page 4 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 Others present were: Director-Rob Schierman, Jennifer Croonborg-Murphy-AZA, Tracy Pooler-AZA, and Krystal Hudachek - Secretary. 11. Business: A. Lake Superior Big Top Chautauqua, Ltd / Kevin Hunt (Bayfield) – event center, fund raisers, dinner theatre, shuttle pick-up and (2) sleeping units for residential use [a 18.59–acre parcel (Tax ID# 33995) described as a parcel of land in NE NW and Lots 1-9 & Lots 11-19 Block 24 and Lots 1-20 Block 33 and Lots 1-20 Block 34 and Lots 7-10 and Lots 17-20 Block 52 and Lots 7-10 Block 51 of Rice and Thompson's Addition in Document 2016R0-565855 in Section 23., Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Schierman stated there is Town Board approval and it is consistent with the town comp plan recommended approval with conditions. Croonborg-Murphy added there is a mound system there that is designed for the restaurants high commercial use. The residences are permitted in the zone. No other concerns. Bussey motioned to grant the permit with the conditions recommended by the Town Board (Town’s Conditions: 1] they connect to/use the Pikes Bay Sanitary District line as agreed 2] that any outdoor events or concerts be non-amplified and over by 9:00 pm 3]that they use the existing building, venue, and parking lot 4] that they use downward pointed lighting 5] that they install additional screening if possible) but eliminate that they add additional screening, based on consistency of the Town comprehensive plan, Town Board recommendation, relevant public input, community and general welfare and economic impacts of the proposal. Silbert seconded. Strand asked if in the future, they want to alter the footprint of the building they could apply for an amendment to the conditional use permit. Schierman stated they could reopen their conditional use permit to review the conditions that were placed. No further discussion. Motion carried. B. Honest Dog LLC / Julie Buckels (Bayview) – (2) unit short-term rental [a 0.68- acre parcel (Tax ID #6299), described as a parcel in NW ¼ NE ¼ Lying NWLY of St Hwy 13 in V.1019 P.91, Section 5, Township 49 North, Range 4 West, Town of Bayview, Bayfield County, WI] Croonborg-Murphy stated that the commercial buildings need a permit for the change of use to residential and the applicant has submitted that after the fact fee tonight. The plumber did verify the function of the existing mound and both houses are tied to one system. The plumber did indicate there are corrections that need to be made which will be made prior to the occupancy. Schierman stated there are not letters in the file, the Town did review this and the Town did table due to lack for a quorum. Silbert motioned to approve based on community and general welfare. Bussey seconded. Pocernich asked if a condition that they make necessary corrections to the sanitary be added. Ok with Motion and Second. Strand noted that he is reluctant to approve since the Town Board did not take action, Rondeau agrees. Bussey noted since it is a 3-person Town Board and the fact this is a commercially zoned property he feels there is no risk in approving. No further discussion. Motion carried. 3/2 (Approved – Pocernich, Silbert, and Bussey. Opposed – Strand & Rondeau). Page 5 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 C. Town of Barksdale / Dennis Pocernich (Barksdale) – rock crushing operation (temporary) [a 4.09-acre parcel (Tax ID #566), described as a parcel in the NW ¼ NW ¼ in V.540 P.260, Section 35, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Schierman stated there are no letters of support or opposition and there is Town Board approval. The plan commissions recommendations have already been implemented. Strand asked if there is an anticipated end date, Pocernich answered, September 30th. Bussey motioned to approve with the condition that the silt fence be placed Easterly and Southerly of the asphalt plant and that the permit be good until the completion of the Ondossagon Road project, based on Town Board Approval and community and general welfare of the proposal. Silbert seconded. Strand asked if there are days and hours of operation. Bussey stated the town board did not request that. No further discussion. Motion carried. Rondeau called for a break (4:59 – 5:06) D. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an ordinance amending Title 13-1; 13-3; and Tile 14 code of ordinances, Bayfield county, Wisconsin. See Exhibit A (Title 13-1; 13-3; & Title 14) Schierman went through the correspondence that was received regarding the ordinance amendment (see attachments C – G). Linda Coleman, corporation counsel, spoke to the Committee stating these changes are changes that are required, and are already being implemented these are the laws that we currently must follow. The ordinance as it stands now, is not accurate and cannot be enforced. As far as asking for more time, these are already in effect. Rondeau asked if Act 55 trumps our ordinance, Coleman answered, yes. Bussey noted that the department should work with the Towns and what is the downside in working with the Towns for possible alternatives. Coleman stated the hammer already feel, there isn’t anything that can be changed. The DNR can simply write the ordinance for us. Bussey stated the upside is that there is a cooperative effort. Coleman stated there has to be DNR review, so if there are going to be more changes made there will be involvement with DNR, more work for Rob, and myself. Silbert understands what Coleman is saying. Was this accepted by the DNR? Wished we would have reached out sooner to the Towns and lakes association, the chairman just stated he didn’t want approve without Town Board approval and this is something that should have captured some of the input from the Town Board and apricates Jen’s comments. In general, he would like to see this process reach out a bit. Schierman stated he could summarize what these associations are going to say, we don’t want any changes. He and Linda tried to retain as much as the ordinance as possible. You can see the clear directives in the responses from the DNR. We are to the point where the DNR is satisfied and he thinks they will certify. Bussey said there could be changes to the general zoning, like protecting the class 2 and class 3 lakes. Coleman stated he Page 6 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 is right but in the meantime what they are looking at is what is being enforced, whether we adopt today or not. Silbert stated there is no one in the room that supports Act 55. One thing that Jen talked about is separating shoreland zoning from general zoning and he likes that. Croonborg-Murphy stated that Kay’s recommendation is to separate out the ordinances. In her opinion it would be easier to administer. Schierman stated that is a possibility. This is just the way Bayfield County does it. Bussey stated it would be helpful to separate them out. In Jens conclusion, she stated she could provide a draft separating them out. Croonborg- Murphy stated, its only because she didn’t want to offend anybody with the work they have done. Rondeau asked Coleman’s opinion, and Coleman replied, the law is the law and this is what we believe they will approve. There were a couple of things we tried to do that were different than the DNR standard ordinances, so it gives us that benefit, and it is true to what is being enforced. From that perspective is makes sense to let the public know what you are enforcing. Silbert feels reluctant to endorse these changes without having engaged in the process with the Towns and the lakes association for their feedback at this time, recognizing everyone’s hard work. He respects the work that Schierman does but prefers that these two responses as they came through. Rondeau stated we are still stuck with Act 55. Coleman agrees, some of the feedback will be things that are not acceptable. Rondeau asked what the repercussions are if this is not adopted today. Coleman explained the DNR could say they had it with the County and will write the ordinance for us. Croonborg-Murphy noted, they are not interested in pursuing writing ordinances for them. Silbert asked about one sided averaging, is that mandated in Act 55. Coleman stated there is language in Act 55 about one sided averaging. Croonborg-Murphy corrected Coleman stating it’s a may not a shall, it’s a policy option. Silbert stated he would like to explore those options. He would also like to see some of Jen’s ideas and the Towns ideas incorporated. Bussey agrees and would like to see a draft of the ordinance separated and solicited input from the Towns and lakes association before we take action, there is no rush on this. If the DNR drafts it for us, so be it. Pocernich motioned to postpone the petition to amend the ordinances Title 13-1; 13-3; and Title 14 until further input can be taken by the Towns and lakes associations and to be reviewed with the Committee, with Corp Counsel, and with the Zoning Department staff. Bussey seconded. Strand offers an amendment to that motion, that we also receive a draft that would separate shoreland zoning from general zoning for our review and consideration. Ok to include with Motion and Second. Silbert stated he would like to see Jennifer’s input on the draft that Fred requested. Rondeau stated that is implied. Strand stated that would be satisfactory. No further discussion. Motion carried. Croonborg-Murphy asked for clarification on what the Committee would like to see from her. Silbert stated, her perspective is very valuable and he would like to see her input more directly. Croonborg-Murphy stated she can follow through with that she just didn’t want her opinion to cost anyone else time. Agenda Review & Alteration E. Jodi Brown (Iron River) – hobby-farm in R-1 district (consisting of 2-3 horses) [a 2.97-acre parcel (Tax ID #19219), described as a parcel in NW ¼ NE ¼ in V.1141 P.548, Section 10, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Page 7 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 Croonborg-Murphy stated this is a lakeshore parcel with land on the other side of the road and the horses are going on that portion of the property. They are about 310 feet from the OHWM of the lake and it is about 2 acres of heavy woods which will need to be cleared. There is a violation on the property, she has graded the property and that will need a permit prior to having this hobby farm. Schierman stated there is Town Board disapproval and many letters of opposition. Fred motioned to deny based on Town Board recommendation and that it does not meet the Towns comprehensive plan. Silbert seconded asking to add relevant public input. Strand included that in his motion. No further discussion. Motion carried. F. Town of Barnes (Barnes) – municipal building in R-3/R-1 district (shelter structure) [a 7.9-acre parcel (Tax ID #3741), described as Meyers & Worthington 1st Add Lot 1-34 Incl Block 18, Section 20, Township 45 North, Range 9 West, Town of Barnes, Bayfield County, WI] Schierman explained the Town of Barnes would like to build a picnic shelter at their Tomahawk park. The Town recommended approval and meets comp plan. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, relevant public input, and safe and healthful conditions, and community and general welfare. Bussey seconded. No further discussion. Motion carried. G. Committee members discussion(s) regarding matters of the Planning and Zoning Department Schierman explained Bussey asked him to consult with corp counsel about the disclaimer that appears on the Counties future land use map (see attachment H). 12. Motion to move into Closed Session H. Majority Vote Pocernich motioned to move into closed session as printed. Silbert seconded. No further discussion. Motion carried. Croonborg-Murphy & Hudachek left meeting. 13. Motion to move out of Closed Session Pocernich motioned to move into open session. Strand seconded. No further discussion. Motion carried. 14. Reconvene in Open Session No minutes taken for the remaining of the meeting. 15. Monthly Report / Budget & Revenue Page 8 of 8 ZC Planning and Zoning Public Hearing and Meeting – July 20, 2017 16. Adjournment Prepared by KMH on 7/28/2017; given to RDS 7/28/2017 Approved by RDS on 8/1/2017 Sent to ZC on 8/1/2017 Final Approval on 8/17/2017 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2017/#7 July