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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/15/2018 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING MARCH 15, 2018 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, 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 Ellen Lafons spoke supporting the lakes forum flooding and erosion standards and the draft amendment with separate shoreland ordinance. Bill Maki spoke regarding the CWD contaminated deer in Bayfield County, and is disappointed this happened as it was promised that it wouldn’t. Why wasn’t anything done when this was first confirmed. Jennifer Croonborg-Murphy spoke in favor of the draft separated shoreland ordinance changes and the bluff language. 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the February 15, 2018 meeting. Strand motioned to approve. Silbert 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. Superior Living Arts LLC, owner & Heidi Zimmer, agent (Bayfield) – banquet/event center [a 17.64-acre parcel (Tax ID#36302) described as Lot 2 of CSM# 1773 in Section 23, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI. Heidi Zimmer, new owner of the old Wild Rice restaurant, spoke in support explaining they will not alter the structure but would rather like to change the use to an event center to hold workshops, classes, and events. Year-round use. Hopefully promote lifelong learning and education. Bussey would like to compliment Heidi on the application, it was very thorough Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 Discussion ended. B. 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 13-1-62 to make paving batch (plant for cement, asphalt) products, processing of conditional use in F-2 zone. Section 1. The table located in subsection (a) of Section 13-1-62 [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read, in part, as follows: PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Paving-batch (Plant for Cement, Asphalt) Products, Processing *Municipal zone allows temporary plant(s) only C C* C C C Schierman stated that this is a simple change, would like to make paving-batch plant allowable in the F-2 zone. Already allow for non-metallic mining which includes crushing, sifting, screening, and other processes. F-2 properties are some of the remote properties. Discussion ended. 8. Adjournment of Public Hearing: Bussey made a motion to adjourn, Pocernich seconded. Motion carried. Adjourned at 4:12 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:12 pm. 10. Roll Call: Bussey, Pocernich, Rondeau, Silbert, and Strand –all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, and Krystal Hudachek - Secretary. 11. Previous Business: (c ) Joseph & Mary Chramosta (Iron River) – rezone F-1 to Ag-1 (tabled Dec 2017 & Feb 2018) Schierman stated this rezone came through when we did not allow auto body in the F-1 zone. Since then we have amended to allow. It would be more appropriate to bring this request forward through the conditional use process. Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 Bussey motions to recommend to the County Board to deny. Strand seconded. Strand added that we encourage the applicant to apply for a special use to continue his business. No further discussion. Motion carried. 12. New Business: A. Superior Living Arts LLC, owner & Heidi Zimmer, agent (Bayfield) – banquet/event center [a 17.64-acre parcel (Tax ID#36302) described as Lot 2 of CSM# 1773 in Section 23, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI. File report: Tom Gordon has emailed Schierman that the Committee approve contingent upon Town Board approval. The Town meets after our meeting. There are letters of support. Bussey motioned to approve contingent upon Town Board approval. That is meets zoning and all other applicable laws, consistency with Town Board recommendation, consistency with comprehensive plan, relevant public input, and community and general welfare. Silbert seconded. No further discussion. Motion carried. B. 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 13-1-62 to make paving batch (plant for cement, asphalt) products, processing of conditional use in F-2 zone. Section 1. The table located in subsection (a) of Section 13-1-62 [Classification of Uses] of Article D [Zoning Districts] of Chapter 1 [Zoning Code] of Title 13 [Zoning Code of Ordinances], Bayfield County, Wisconsin is hereby amended to read, in part, as follows: PERMISSIBLE USES R-4 R-3 R-1 R-2 R-RB C I M A-1 A-2 F-1 F-2 W Paving-batch (Plant for Cement, Asphalt) Products, Processing *Municipal zone allows temporary plant(s) only C C* C C C Schierman stated there are no letters of support of opposition and Jason Bodine, Forestry Administrator, has no issues with this. Bussey motioned to recommend to the County Board to approve. Strand seconded. No further discussion. Motion carried. C. Ross Darst (Keystone) – mini-storage (consisting of 4 structures) and firewood processing in Ag-1 [a 40-acre parcel (Tax ID #22268), described as the NW ¼ of the NW ¼ , Section 26, Township 47 North, Range 7 West, Town of Keystone, Bayfield County, WI] Ross Darst spoke in support stating he would like to use his property as a mini storage and to be able to process and sell firewood. Four structures 100’ x 70’ for Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 mini storage. Schierman stated there is no Town Board approval yet and no letters of support of opposition. Silbert asked the applicant if hours of operation would be ok. Darst stated he didn’t consider that. The only neighbor is one house and he owns the house. The Town met on Tuesday and they passed this. Silbert stated contingent upon Town Board approval, and hours of operation being from 8 – 8 and not on Sundays. Darst stated that would be fine and he does have the TBA form with him (he entered it into the file). Silbert motioned to approve based on zoning and all other applicable laws, consistency with Town Board recommendation, consistency with comprehensive plan, relevant public input, and community and general welfare, with the condition that he not operate machinery, chainsaws, and splitting devices on Sunday and have weekday hours from 8 – 8 for operation. Bussey seconded. Pocernich questioned the hours of operation, on a sunny day most would like to get out before it gets warm. Silbert changed the motion to 7. Bussey ok with change. No further discussion. Motion carried. D. Sara Dougherty (Iron River) – hobby farm (consisting of 6 horses, dogs and chickens in F-1 zone/shoreland [a 40-acre parcel (Tax ID #18914), described as the SE ¼ of the NE ¼ , Section 2, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Schierman stated the applicant would like to move permanently to Iron River and establish a hobby farm with 6 horses, chickens, and dogs. Town board recommends approval and meets comp plan and recommends up to 10 animal units allowed. Silbert asked how far from the lake. Schierman stated it is an unnamed lake and is about a 1/8 mile from where the horses will be kept and it is a very sandy area. Bussey motioned to approve with condition that the horses be housed as indicated on application and limit to ten animal units as defined under State Regulations, based on zoning and all other applicable laws, consistency with Town Board recommendation, consistency with comprehensive plan, relevant public input. Pocernich seconded. Silbert asked about pasturing the animals. Schierman noted that historically the Zoning Committee has approved other requests similar as there is a hobby farm in the Town of Drummond next to the campground. Silbert motioned to amend that the horses may not be allowed to pasture closer than 300 feet in proximity to the lake. Bussey seconded. Motion to amend carried. No further discussion. Original motion with the amendment carried. Motion carried. E. Discussion / possible action regarding update on shoreland zoning regulations Schierman stated that with the increased workload he has not had the time to go through the draft that Jennifer Croonborg-Murphy sent out. Bussey motioned to suspend the rules and allow for public comment. Strand seconded. No further discussion. Motion carried. Jennifer Croonborg-Murphy presented two working drafts separating the ordinance. Added editorial comments and highlighted shoreland in blue. There is Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 a color copy and a clean copy. Took the model ordinance from the State and added some of our language. Silbert mentioned that he enjoyed working with Jenny and thanks her for all she has done for the County. Silbert stated he read the clean version and asked where this needs to go from here. Jennifer Croonborg-Murphy stated she would like the administrator to look at it so there are no issues and then it needs to be certified by the DNR. If it isn’t certified it needs to come back to be changed. She did have questions that she wanted clarified so she asked Kaye Lutze. All those changes were marked on the color copies so nothing is hidden. Bluff language should be included in the general ordinance. Strand and Bussey also thanked Jennifer for her hard work. Jennifer Croonborg-Murphy would like to see this through till the end and help with any questions. Hoping for more feedback today so it could be on next months. Bussey stated this is a lot to look at but Rob needs to look at this and need his input. Maybe take this a section at a time. It is well worth pursuing. Printed copies would be helpful. This needs to be on the agenda for next month. Strand agrees. There are choices that Jennifer gave us in the colored copy, different scenarios. Schierman stated he will print them out and put in their mailboxes. F. Discussion / possible action regarding update from flood and erosion working group Presentation. See Exhibit A and Exhibit A Bussey motioned to authorize and direct the department to prepare petition for adding this language to our zoning ordinance with the understanding that the department staff may have objections or recommendations or modifications to it but that it come before us and that starts the process where we can have public input and staff input. A lot of work has gone into this and it is well worth it. Strand seconded. Silbert stated there are three or four amendments and definitions. Hedland stated there is a draft amendment that was approved by Rob (handed out amendment see Exhibit B). This could be improved but it amends four sections of the general zoning ordinance. Strand asked about a timeline. Schierman stated the May agenda. No further discussion. Motion carried. G. Discussion / possible action regarding non-metallic mining forum Schierman explained he has had meetings with Zoey who oversees the non- metallic mining for the DNR. Addressing this through zoning districts and allowing for metallic mining in industrial or creating a mine zoning district would be the best option then the towns would have a say in it. Silbert added that what he came up with is still pending but he has spoken with the Wisconsin Counties Association attorney and they have a draft of their best practices and suggestions almost available. H. Discussion / possible action regarding non-conforming resorts Schierman had a handout, see Exhibit C. I. Committee members discussion regarding matter of the P & Z Department No discussion Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – March 15, 2018 13. Motion to Move into Closed Session A. Majority Vote B. Chairman Rondeau announces the Nature of the business: The Bayfield County Planning and Zoning Committee may entertain a motion to move in and out of Executive Session pursuant to: §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. 14. Motion to Move out of Closed Session C. Majority Vote 15. Reconvene in Open Session 16. Monthly Report Schierman stated there are 10 applicants that applied for Jenny’s position, none were qualified, and they are going to repost the position. Year to date there are 29 land use permits issued 4 behind from last year, 12 sanitary permits issued, 6 ahead of last year. Bussey motioned to receive and place on file. Pocernich seconded. No further discussion. Motion carried. 17. Adjournment Rondeau called adjournment at 6:31 pm. Prepared by KMH on 3/21/2018; given to RDS 3/21/2018 Approved by RDS on 4/2/2018 Sent to ZC on 4/2/2018 Final Approval on 4/19/2018 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2018/#3 March