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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 9/21/2017 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING SEPTEMBER 21, 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. 4. Public Comment – 3 minutes per citizen Erica Lang spoke for Bruce Hokenson (who was not able to attend) about shoreland zoning regulations. Ellen Lafans commented on shoreland zoning regulations stating she would like to propose a committee to help amend the regulations. 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the August 17, 2017 meeting. Bussey 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. 7. Public Hearing: A. Richland Club Inc. / James Burnham (Drummond) – (5) multiple principle structures on a parcel [a 25–acre parcel (Tax ID# 15023) described as part of Gov’t Lot 1 in V. 145 P. 113, in Section 33, Township 45 North, Range 8 West, Town of Drummond, Bayfield County, WI] James Burnham spoke in support, stating that the cabins have been there since 1945 and the property has been passed down from family. Would like to raze one of the cabins and rebuild. Discussion ended. B. Brent & Cheryl Surowiec / Erica Lang (Bell) – rezone R-1 to R-RB [a 36.56- acre parcel (with wetlands) (Tax ID #8017), described as part of the NW ¼ of the NW ¼, in V. 1157 P. 288-290 Section 35, Township 51 North, Range 6 West, Town of Bell, Bayfield County, WI] Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 Erica Lang, Conservationist for the Bayfield Regional Conservancy and Authorized Agent for the Surowiec’s, spoke in support introducing the project. The Conservancy has been working with the Town of Bell to protect 100 acres along the Siskiwit River, since 2015. In July of 2017 the Town voted to accept one of the grants that will be used to purchase the property. Since then the property owners and the Conservancy has been waiting for the town to move forward with this project so the matching grant can go through. This has not happened solely in part that zoning has been questioned. The opposition correctly pointed out that a trailhead cannot be installed in an R-1 zone. There are other properties in the area that are zoned R-1 with the same uses proposed here. Siskiwit Lake boat ramp, Cornucopia Beach, and Houghton Falls). We ask that you approve the rezone so there can be a future trail head on this parcel to help the Town move forward. There is concern about the other two parcels, that they will need to be rezoned as well, that is not the case. Continuing to argue about the project is only stalling it. Susan Keachie spoke in support stating this project meets both the goals and objectives of the plan commission and future land use map. Ernie Korpela, spoke in support stating there has been a lot of pros and cons brought forth but it was brought to a final vote and was passed 93 to 83. This property should be saved for future generations and it needs to be protected. Tom Mason spoke in support, stating this is a very special place and it needs to be protected, there is no place in the Bayfield County where you can walk down a shale waterfall after waterfall. Yvette Flemming spoke in support, even though it is not necessary at this time since the Town does not own this parcel but they are trying to meet the concerns of others. Trying to work with everyone so everyone can enjoy this in the future. Gordon Anderson spoke in support stating he purchased the Swenson property and is probably the most affected by this project but is still in support. Allan Hahn spoke in support, owns land that boarders the parcel in question and is in support of this project. Roger Lindgren spoke in support, it is a wonderful thing to preserve this area. Debra Patt-Pozzi, spoke in opposition. She is an adjoining property owner and feels all three sections needs to be rezoned, as all this is going to be used by the DNR grant as public land used for hunting fishing and trapping which are not allowed in R-1 zone. On February 14th, it was voted on and it was 3/2 not in favor of the grant. That grant has not been rescinded and it says it has to be available to the public. Silbert asked if she is opposed, how does rezoning all three parcels further her opposition? Patt-pozzi stated that the Surowiec’s own the property around it so many adjoining land owners of the other parcels don’t have a vote. Jackie Eid spoke in opposition, asking to take into consideration what has been going on at the Town meetings. December 12, 2016 plan commission meeting, where they voted unanimously to rescind their support in this project, as of today Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 this has not happened. September 12, 2017, Janice Olson requested this be tabled until the Town gets a lawyer and the vote passed. The access that everyone is talking about is on private property and there has been many problems. There has been correspondence between two board members that was not passed between all board members. William Krause spoke in opposition, he is an adjacent owner. He would like to enjoy his peace and quiet and this will encourage camping and trespassing. Angela Hyde spoke in opposition, probably the most affected. The “slide” is on their property. People decided to put this on the State website and this is when problems ensued. This is not what Dorothy wanted, Hyde’s husband has known Dorothy for 25 years and knows this is not what she would have wanted. This is what the Surowiec’s want because they want the money. Only rezoning one property is not fair to surrounding property owners as they have a voting advantage. The Surowiec’s inherited this property and are not a part of the Community. It is just not fair. Silbert asked a question of Erica Lang, if the delay would threaten the approval for the grant Lang stated yes it could. Discussion ended. 8. Adjournment of Public Hearing: Silbert made a motion to adjourn, Bussey seconded. Motion carried. Adjourned at 4:43 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:43 pm. 10. 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. 11. Previous Business: August 8, 2016 (F) Mark Johnson (Drummond) occasional hobby farm (horses will be brought on the shoreland property zoned R-RB) (1-year review) Schierman stated there is no input from the Town and no complaints. Bussey motioned to continue with existing conditions. (Conditions: 1] Only four (4) horses are allowed at one time. 2] No more than 72 hours at one time. 3] No more than twice a month. 4]Horses must be corralled when not being ridden or led. 5] Corral must be located outside the floodplain area. 6] Manure must be disposed of daily in a properly constructed concrete or cement block storage structure. 7] This approval must be reviewed in one year of this approval by the Zoning Committee.). Silbert seconded. No further discussion. Motion carried. Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 July 20, 2017 (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 Title 14, code of ordinances, Bayfield county, Wisconsin. See Exhibit A Schierman stated that the current ordinance does not reflect the law. Requesting that the Committee move this forward. Linda’s response to down zoning was “down zoning would be any new ordinance that decreases the allowable population density of an area or reduces the permitted uses of the land. A rezoning of the areas in the shoreland could indeed have these affects. In order to pass such a down zoning ordinance 2/3 of your board of supervisors would need to vote for approval. However, if the down zoning ordinance is requested or agreed to by the land owners a simple majority would be needed to approve”. So, it can be done without the land owners. Bussey asked if the Department contacted the Town’s or Lakes Associations. Schierman answered no. Bussey would like the department to work with the Towns and Lakes Association. Tying all three together delays this process more than it needs to be. Strand agrees that the department needs to work with other associations on this change. Pocernich motioned to recommend approval to amend the ordinance Title 13-1; 3-3; and Title 14 to full County Board. Bussey seconded with the understanding that we have the commitment of the department to work with Lakes Associations and interested Town’s and to separate out shoreland zoning from general zoning. Pocernich included that in his motion. Schierman stated there are a few things he would hope they would include in the motion. New statute states that we do averaging. One of the sections talks about one sided averaging. We are not required to do that, it is a may. It’s up to you if you want to include that. Averaging will only be for the principle structure as decks and patios are now accessory structures. Language from Kay Lutze “when a new principle structure qualifies for a reduced building setback unenclosed accessory structures, such as open decks or patios, if built in conjunction with the principal structure are allowed to be constructed at the reduced setback”. This is not in the ordinance as of now. If there is nothing within 250 feet of either side then the setback is 75 feet. Bussey asked if this included the deck, Schierman stated correct. Croonborg-Murphy explained one sided averaging to the Committee. Bussey moved to amend the motion to include Rob’s language (when a new principle structure qualifies for a reduced building setback unenclosed accessory structures, such as open decks or patios, if built in conjunction with the principal structure are allowed to be constructed at the reduced setback) but to delete the one-sided averaging. Pocernich seconded. No further discussion. Amendment to the motion carried. Schierman stated, further in the language there is a map that has setbacks to the banks and we have been using a very dated map. Recently the Wisconsin shoreland inventory website has been updated with very current information with areas with erosion along the coast line. It would be helpful to switch our language from “designated on a map entitled Erosion Hazard areas – Bayfield County” to “designated on the Wisconsin Shoreline Inventory and Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 Oblique Viewer website”. Silbert moved to accept that language. Strand seconded. No further discussion. Amendment to the motion carried. Strand asked for exact dates as to when the draft will be available. Schierman and Croonborg-Murphy stated they could have one available by the February meeting. No further discussion. Original motion with amendments carried. 5-minute break 12. New Business A. Richland Club Inc. / James Burnham (Drummond) – (5) multiple principle structures on a parcel [a 25–acre parcel (Tax ID# 15023) described as part of Gov’t Lot 1 in V. 145 P. 113, in Section 33, Township 45 North, Range 8 West, Town of Drummond, Bayfield County, WI] Schierman stated The Richland Club has been in existence since 1945, zoned forestry, they are old cabins, and old hunting camp. The applicant would like to upgrade his cabin. There is a sanitary permit issued to the property. Didn’t know whether to approach this as a multiple unit development or a multiple principle structure. MUD requires a rezone for more than two units in Forestry. To rezone would likely be considered spot zoning. Future land use map identifies this whole area as forestry. Did send to Town for approval, have not heard back yet. The owner did send a class A to the Town. Once on the property it was found that they needed a Conditional Use Permit. Strand asked, if approved, how will this affect the other cabins if they choose to upgrade them in the future. Schierman stated, if approved they can upgrade with a land use permit. Rondeau stated that makes sense. Bussey asked how does this new building compare to the old. Burnham stated about 200 sq. ft. larger. Bussey motioned to approve with the condition that replacement of any of the other principle structures on the property would require further approval under modification of the conditional use, based on Town Board recommendation (from the Class A Special Use), that it meets the Comprehensive Plan, other applicable zoning laws. Silbert seconded. Strand asked if anything would preclude them subdividing the parcel in the future. Schierman stated, he doesn’t think they would be able to meet the dimensional requirements. No further discussion. Motion carried. B. Brent & Cheryl Surowiec / Erica Lang (Bell) – rezone R-1 to R-RB [a 36.56- acre parcel (with wetlands) (Tax ID #8017), described as part of the NW ¼ of the NW ¼, in V. 1157 P. 288-290 Section 35, Township 51 North, Range 6 West, Town of Bell, Bayfield County, WI] Schierman stated the Town Tabled until an attorney is contacted and facts are received. Received a petition with eight signatures. Croonborg-Murphy stated on this parcel they need to rezone to have a trailhead. Rondeau suggests to table. Bussey motioned to recommend the zoning change to the County Board. Strand seconded. Bussey stated this process has gone on for a long time and Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 the Town Board has struggled with it. There was a vote this past summer to be in favor of it. There was a letter from an attorney that all three parcels needed to be rezoned. Bussey gets the impression that the Town did not know how to deal with that. What is before us is the one parcel being rezoned, not the other two. Somebody needs to make a decision. Pocernich asked what the advantage or disadvantage is by rezoning all three parcels, this is limiting it where they can put a trailhead. Schierman answered, correct. Silbert asked what corp counsel said about this. Schierman answered, we can rezone an entire tax parcel or a portion of a parcel with a metes and bounds description. Silbert stated he read the comprehensive plan for the Town of Bell and it sounds like it is a 99.9% match for this conservancy placement. No further discussion. Motion carried. 4/1 (Pocernich, Strand, Bussey, & Silbert – Approved. Rondeau – Opposed.) C. Julie S Mellum (Iron River) – preliminary plat review [a 7.96-acre parcel described as Lot 1 & 2 of CSM #1477, Section 21, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Tim Oksuita, from Nelson Surveying here to represent Julie Mellum. He explained she is the owner of all these parcels. There are three certified survey lots, the one labeled Lot 3 is a part of Allison Acres Plat. Lot 2 will be created for a buffer, it is a substandard lot but will be combined with his property on the East. Then the rest will be reconfigured. Bussey motioned to recommend approval with the condition that Lot 2 be joined to the property to the East into a single tax parcel. Pocernich seconded. Schierman stated there is Town Board Approval. No further discussion. Motion carried. D. Thomas Polkoski (Hughes) – farming in Forestry-1 zoning district [a 40-acre parcel (Tax ID #18355), described as SW ¼ of the NE ¼ Section 13, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI] Schierman explained Polkoski is asking for farming in forestry. This parcel is adjacent to the parcel where his home is and he wants to be able to keep his animals closer. There is Town Board approval with the recommendation of no more than 30 animals and property fencing. Pocernich asked if it was a 40-acre parcel. Schierman stated yes. Silbert asked how close this is to water. Schierman answered 675 feet from the Iron River. Pocernich motioned to approve that it is consistent with the Town Board and zoning and applicable laws. Silbert seconded. Strand asked if this includes limiting to 30 cattle. Pocernich stated no, who is going to enforce that. Silbert withdrew his second. Rondeau seconded. Schierman stated the applicant should contact the Land and Water Conservation to come up with a nutrient management plan. Croonborg-Murphy stated animal units may be better than just 30 cattle. Silbert amended the motion to include that the applicant contact Land and Water Conservation to come up with a nutrient management plan. Strand seconded the amendment. Roll call vote: Strand – Yes. Silbert – Yes. Bussey – No. Rondeau – No. Pocernich – No. Motion Failed. Bussey amended the motion to not more than 30 cattle or equal animal units and proper fencing to control the animals. Silbert seconded. Roll call vote: Strand – Yes. Silbert – Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 21, 2017 Yes. Bussey – Yes. Rondeau – Yes. Pocernich – Yes. Motion Carried. No further discussion. Original motion as amended carried. E. Discussion and possible action regarding updated on shoreland zoning regulations. Already discussed above. F. Committee members discussion regarding matters of the P & Z department. Silbert asked if there was any discussion about the CAFO or the game farm. Schierman stated no. 13. Monthly report / Budget and Revenue Schierman stated land use is up by 61 permits. Sanitary is down by 8 permits. Permitted $18,091,288 worth of projects in the County. Pocernich motioned to receive and place on file. Bussey seconded. No further discussion. Motion carried. Schierman stated next year’s budget is $438 more than last year. Bussey motioned to move to executive committee. Silbert seconded. No further discussion. Motion carried. 14. Adjournment Rondeau called adjournment at 6:10 pm. Prepared by KMH on 9/22/2017; given to RDS 9/25/2017 Approved by RDS on 10/2/2017 Sent to ZC on 10/4/2017 Final Approval on 10/19/2017 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2017/#9 September