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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 10/18/2018 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING OCTOBER 18, 2018 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Pocernich, Rondeau, Strand and Zepczyk – all present. Silbert – absent. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood- AZA, and Krystal Hagstrom - 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 July 19, 2018 meeting. Strand motioned to approve as presented. Zepczyk 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. Bayfield Electric Cooperative / Diane Berweger (Iron River) – rezone from Industrial to Commercial [a 0.904-acre parcel (Tax ID #20740), described as Subdivision of NE SW Lot 2, Section 8, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Larry Rocker, Bayfield Electric, spoke in support of the rezone and stated there was a resolution to remove the clause that the parcel remains Industrial (submitted to Committee). Discussion ended. B. Town of Lincoln / James Erickson (Lincoln) – reclamation plan (after-the- fact) [a 40-acre parcel (Tax ID #22700), described as NW ¼ of the NW 1/4, Section 16, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] James Erickson spoke in support of the reclamation plan. Discussion ended. Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 C. Town of Lincoln / James Erickson (Lincoln) – non-metallic mine (after-the- fact) [a 40-acre parcel (Tax ID #22700), described as NW ¼ of the NW 1/4, Section 16, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] James Erickson spoke in support asking for the Committee to grant the conditional use permit. Discussion ended. D. Petition to Amend Ordinance Title 13 Section 13-2-11 of the Bayfield County Zoning Ordinance. Section 1. Subparagraph (a) of Subheading (2) [Official Analysis] of Subsection (b) [Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions] of Chapter 2 [Floodplain Zoning] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): (2) Official Analysis: Based on other studies; a. (Drummond Mill Pond Dam Failure Analysis; from Drummond Mill Pond Dam to Drummond Lake Dam located 1.35 miles downstream of the Drummond Mill Pond Dam), approved by the DNR (November 11, 2013), done by Ayres Associates; a. b. (Drummond Lake Dam Failure Analysis), approved by the DNR (April 2, 1996), done by Cooper Engineering; b. c. (Murray Dam Failure Analysis), approved by the DNR (March 12, 1996) done by Cooper Engineering; and. c. d. (Namakagon Dam Failure Analysis), approved by the DNR (January 22, 2002), done by Cooper Engineering. d. e. (Iron River Dam Failure Analysis), approved by the DNR (August 29, 2012), done by SEH Engineering. e. f. (Middle Eau Claire Lakes Dam Failure Analysis), approved by the DNR (June 21, 2013), done by AECOM Engineering. f. g. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located in the appendix in Article K of this ordinance. The community shall provide the most up to date appendix to the DNR and FEMA regional offices. Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 Section 2. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 3. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage. Schierman spoke in support explaining he received an email from Jennifer Jefferson at the DNR, she’s the new Water Management Engineer, she discovered a November 11, 2013 Dam Failure Analysis for the Drummond Mill Pond and we are required to incorporate these into our ordinance. Discussion ended. 8. Adjournment of Public Hearing: Pocernich made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned at 4:13 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:13pm. 10. Roll Call: Pocernich, Rondeau, Silbert (arrived at 4:13 pm), Strand and Zepczyk –all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood- AZA, and Krystal Hagstrom - Secretary. 11. Business: A. Bayfield Electric Cooperative / Diane Berweger (Iron River) – rezone from Industrial to Commercial [a 0.904-acre parcel (Tax ID #20740), described as Subdivision of NE SW Lot 2, Section 8, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] File Report: Town Board recommended approval. Pocernich motioned to approve based on Town Board Approval, and that it meets the Comprehensive Plan. Strand seconded. No further discussion. Motion carried. B. Town of Lincoln / James Erickson (Lincoln) – reclamation plan (after-the- fact) [a 40-acre parcel (Tax ID #22700), described as NW ¼ of the NW 1/4, Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 Section 16, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] File Report: Approved by the Land and Water Conservation Department. There are 1.3 acres open. Pocernich asked how long this pit has been open, Schierman stated since 2001. Strand motioned to approve. Zepczyk seconded. No further discussion. Motion carried. C. Town of Lincoln / James Erickson (Lincoln) – non-metallic mine (after-the- fact) [a 40-acre parcel (Tax ID #22700), described as NW ¼ of the NW 1/4, Section 16, Township 45 North, Range 5 West, Town of Lincoln, Bayfield County, WI] File Report: Town recommends approval. This have been in the works for a while and glad to have a survey and plan on file. Zepczyk motioned to approve. Pocernich seconded. Strand amended with a condition of 10 years. Pocernich seconded. No further discussion. Motion carried. Amended motion carried. D. Petition to Amend Ordinance Title 13 Section 13-2-11 of the Bayfield County Zoning Ordinance. Section 1. Subparagraph (a) of Subheading (2) [Official Analysis] of Subsection (b) [Official Maps] of Section (13-2-11) [District Boundaries] of Article B [General Provisions] of Chapter 2 [Floodplain Zoning] of Title 13 [Zoning Code] of the Code of Ordinances, Bayfield County, Wisconsin is hereby amended to read as follows, with additions highlighted by the double underline feature (additions) and deletions highlighted by the strike out feature (deletions): (2) Official Analysis: Based on other studies; a. (Drummond Mill Pond Dam Failure Analysis; from Drummond Mill Pond Dam to Drummond Lake Dam located 1.35 miles downstream of the Drummond Mill Pond Dam), approved by the DNR (November 11, 2013), done by Ayres Associates; a. b. (Drummond Lake Dam Failure Analysis), approved by the DNR (April 2, 1996), done by Cooper Engineering; b. c. (Murray Dam Failure Analysis), approved by the DNR (March 12, 1996) done by Cooper Engineering; and. c. d. (Namakagon Dam Failure Analysis), approved by the DNR (January 22, 2002), done by Cooper Engineering. d. e. (Iron River Dam Failure Analysis), approved by the DNR (August 29, 2012), done by SEH Engineering. Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 e. f. (Middle Eau Claire Lakes Dam Failure Analysis), approved by the DNR (June 21, 2013), done by AECOM Engineering. f. g. Floodplain Study Appendix: All DNR and FEMA approved floodplain maps, flood profiles, floodway data tables, regional or base flood elevations and other information located in the appendix in Article K of this ordinance. The community shall provide the most up to date appendix to the DNR and FEMA regional offices. Section 2. Except as specifically modified and amended by this ordinance, the Bayfield County Code of Ordinance shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed. Section 3. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision, or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage. Silbert motioned to recommend to full Board. Zepczyk seconded. No further discussion. Motion carried. E. Steven Prevost & Brenda Wilkes (Cable) – homebased business (firearms sales) [a 0.79-acre parcel (Tax ID #10959), described as Woodcrest Add to Wilde River Lot 63, Section 23, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Steven Prevost explained that he currently holds a federal firearms licenses and in order to keep that license he needs a permit from the County. Has not gone to the Town Board yet, that meeting is tonight at 6. The plan commission has approved the request. Strand asked what the current and proposed hours of operation are. Prevost answered currently he is not operating but would like 9-5 six days a week. Most orders are taken over the phone or at gun shows. No shooting on premise. Strand motioned to approve with the condition that it is for the current land owner only, contingent upon Town Board approval, based on it meets Comprehensive Plan. Silbert seconded. No further discussion. Motion carried. F. Patsy Benedict (Orienta) – hobby farm (after the fact) [a 40-acre parcel (Tax ID #25617), described as SW ¼ of the SW ¼ , Section 2, Township 49 North, Range 9 West, Town of Orienta, Bayfield County, WI] Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 Patsy Benedict explained she thought the property was zoned Ag-1. Put in for a building permit and found out the property was zoned Forestry. She has 3 horses 1 goat and 1 sheep. There was discussion about what an animal unit is amongst the committee members. Pocernich motioned to approve based on Town Board Approval and not to exceed 20 animal units. Zepczyk seconded. No further discussion. Motion carried. G. DL Storage Inc (Eileen) – (2) additional mini storage building [a 3.56-acre parcel (Tax ID #33967), described as Lot 2 of CSM #1641, Section 9, Township 47 North, Range 5 West, Town of Eileen, Bayfield County, WI] Schierman explained there is Town Board approval and Mr. Lulich has been through this process before. Pocernich motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan, relevant public input, and community and general welfare. Silbert seconded. No further discussion. Motion carried. H. Michael Kinney (Bayfield) – residence in a commercial zone [a 3.22-acre parcel (Tax ID #4681), described as Lot 1 of CSM #707, Section 15, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI] Michael Kinney explained this is old shop and now that he has retired he would like to make it his residence. Schierman asked the Committee to waive the after the fact fees as he is on a fixed income. He would also like him to get a permit for the composting toilet. Silbert motioned to approve contingent upon a permit for privy permit (understand there is no other waste water in the building) and waive the after the fact fee. Strand seconded. No further discussion. Motion carried. I. Discussion and Possible Action regarding metallic mining. Schierman stated he sent out some language for the Committee to look over. There was some discussion on the language. J. Discussion and possible action regarding on-line permitting. Schierman stated the office had one permit submitted and issued with the on- line permitting. 12. Possible motion to move into closed session. Pocernich motioned to move to close session, Zepczyk seconded. No further discussion. Motion carried. 5 pm. K. Majority Vote L. 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: Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – October 18, 2018 §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. 13. Motion to move out of closed session. 5:26 pm 14. Reconvene in open session N. Possible action on closed session agenda No action O. Committee members discussion regarding matter of the P & Z Deparmtent. No discussion 15. Monthly Report Pocernich motioned to receive and place on file the monthly report. Silbert seconded. No discussion. Motion carried. 16. Adjournment Prepared by KMH on 10/22/2018; given to RDS 10/22/2018 Approved by RDS on 10/22/2018 Sent to ZC on 10/22/2018 Final Approval on 11/15/2018 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2018/#10 October