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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 2/20/2020 Page 1 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING FEBRUARY 20, 2020 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Pocernich, Rondeau, Silbert, Strand and Zepczyk – all present. Others present were: Director-Rob Schierman, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. Tracy Pooler-AZA – Absent. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 4. Public Comment – Todd Bonney spoke asking the committee to act on the rezone he has filed. He would like this resolved. 5. Minutes of Previous Meeting(s): Rondeau stated the minutes are from the December 2019 meeting. Pocernich 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. Mark & Janice Tyson (Hughes) – rezone 2 parcels from R-1/F-1 to all R-1 [a 0.372-acre parcel (Tax ID #35109), described as 2 parcels in Govt Lot 4 in V.840 P.522, Section 25, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI] Gordon Hastreiter spoke in support stating he is in the process of purchasing the property and would like to rezone to make the property buildable so he can build a vacation home. Jean Jablonski spoke in opposition of item A concerned with the negative effects of a big house being built on the property that it won’t fit in with the surrounding lake cabins. 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 amendment to create sections 13-1-34 home occupations. Page 2 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 Schierman stated this amendment is creating the opportunity to work from home without permits. There is a home-based business section in our ordinance already which requires permitting for certain business. There are a few changes that needs to be made. References “( c) below” should be “(d) below” and would like to delete 16 altogether. Ray Hyde spoke in opposition stating this would prohibit opportunities to work from home. There also needs to be definitions and its not complete. Discussion ended. C. Lake Superior District Power Co / Norther States Power Co (Cable) – rezone from R-1/W to all R-1 [a 0.51-acre parcel (Tax ID #38117), described as part of Lot 1 CSM# 2096 in Doc #2019R-579844, Section 18, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Tim Liska of Xcel Energy spoke in support of the rezone to be able to expand a substation. Discussion ended. D. Bolder Point LLC / Wayne Nelson (Russell) – paving batch plant for hot mix and greater excavation depth [a 20-acre parcel (Tax ID #34741), described as SE ¼ of the NE ¼ in V.971 P.722 less par in Doc #2016R-565223, Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Eric Byre, agent for Northwoods Paving, spoke in support, stating this will only be a temporary asphalt plant for the Old Co K and Sand Bay Rd projects scheduled for this summer. Project is slated for August and has a deadline of September 4th. Strand asked if there are intentions of starting before August and Brye replied that the plant is pretty well occupied for projects through July so it will not be till August and should last anywhere from 4-6 weeks depending on weather. Strand asked about State permitting. Brye stated yes there are stormwater and DNR permits that are required. Strand asked about emissions. Brye replied with 99% is water vapor. PHC is in all petroleum products but only comes out when burnt. You can’t burn asphalt as it would be unusable. If a spill happens you wait till it cools and pick it up and recycle it. Norwood explained he spoke with Wayne and he doesn’t think they will exceed the 20-foot excavation depth but that is where all the good sand lies. He also spoke with Travis from Land and Water Conservation about updating the reclamation plan and that was not needed as if they do exceed the 20-foot excavation depth they will be refilling the hole with material as they go. Silbert asked how many more feet will they go? The answer from Brye was a few feet. David Good, Town of Russel, spoke in support explaining how important the location of this plant will be for the upcoming paving projects. If another location is chosen it could have additional cost of up to $200,000. At this point the project is out for bid and he is unsure of who will get the project. It may not be Northwoods Paving. There are deadlines to have the project complete. Sam Atkins spoke in opposition and is concerned with the location as there are many residences in the areas. Ground water and wetland contamination. There is a water way that in the recent years since the pit has been active the water flow Page 3 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 has decreased, and water cress have not been able to grow. If approved there should be water testing done before and after the project and this should be a one time deal not an open-ended permit. Tessa Levens, spoke in opposition concerned with the noise and the clear cut of the land. There are other locations available. Eileen Kajiwara spoke in opposition, health concerns, cancer from fumes, fuel oils, toxic gasses. Another location should be chosen. Lucy Tyrrell spoke in opposition and asked for a different location for the plant. Concerned with the noise since there will be about 400 trucks hauling past these residences and people moved here for the peace and quiet. There are environmental hazards. When she spoke with Mathy and Northwoods Paving they estimated around $70,000 more to haul from Iron River. If this is approved, she requests they stay at least 50 feet from the Southern property line. There should be limited hours of operation and limited to weekdays only. Discussion ended. E. James Swearingen & Pearl Peoples-Swearingen (Bayfield) – 2 unit short-term rental (existing residence) [a 1.2-acre parcel (Tax ID #38134), described as Lot 2 CSM #2100 in Doc #2019R-579585, Section 7, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI] Jim Swearingen spoke in support stating this used to be a bed and breakfast, but they would like to use it as a short-term rental until they are able to move up here full time. Discussion ended. 8. Adjournment of Public Hearing: Silbert made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned at 4:47 pm. 9. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:47 pm. 10. Roll Call: Pocernich, Rondeau, Silbert, Strand and Zepczyk –all present. Others present were: Director-Rob Schierman, Todd Norwood-AZA, and Krystal Hagstrom - Secretary. Tracy Pooler-AZA – Absent. 11. Business: A. Mark & Janice Tyson (Hughes) – rezone 2 parcels from R-1/F-1 to all R-1 [a 0.372-acre parcel (Tax ID #35109), described as 2 parcels in Govt Lot 4 in V.840 P.522, Section 25, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI] Page 4 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 Schierman stated there is Town Board approval and they state this will make the land more usable. Strand motioned to approve based on Town Board Approval, that it meets the Comprehensive Plan. Silbert seconded. No further discussion. Motion carried. 5/0 B. A petition by Robert Schierman, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting an ordinance amendment to create sections 13-1-34 home occupations. Schierman stated there is a letter from the County administrator, Town of Russell, Kathy Zuelsdorf all in support. Town of Kelly wrote a letter in opposition. Strand motioned to approve with the following changes: 13-1-34: change two to four. (c): change (c) to (d). 13-1-34 (c) (3) change studios to gallery. 13-1- 34 (c) (7) change two to four. 13-1-34 (d) (4) change two to four. 13-1-34 (d) (12) & (13) delete and replace with: No more than one motor vehicle, trailer or commercial vehicle associated with the Home Occupation may be parked on the lot outside a garage. 13-1-34 (d). (16) delete. Silbert seconded. Silbert asked how do you define vehicle use. Schierman explained that if there is one vehicle that you use as person and for the business there is no issue. If you have multiple vehicles parked with a business name on the side, those are regulated. Pocernich is not in support and zoning should not be intrusive in people’s homes. Most of us are in violation of this right now. Shouldn’t need a permit to work from home. Milanowski asked if you need permits now? Schierman stated now yes, with this amendment you wouldn’t need a permit. No further discussion. Motion carried. 3/2 (Rondeau, Silbert, Strand – support. Zepczyk & Pocernich – Opposition) C. Lake Superior District Power Co / Norther States Power Co (Cable) – rezone from R-1/W to all R-1 [a 0.51-acre parcel (Tax ID #38117), described as part of lot 1 CSM# 2096 in Doc #2019R-579844, Section 18, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Schierman stated there is Town Board approval and it is compatible with the comprehensive plan. Pocernich motioned to recommend to full board based on Town Board Approval, that it meets the Comprehensive Plan. Silbert seconded. No further discussion. Motion carried. 5/0 D. Bolder Point LLC / Wayne Nelson (Russell) – paving batch plant for hot mix and greater excavation depth [a 20-acre parcel (Tax ID #34741), described as Se ¼ of the NE ¼ in V.971 P.722 less par in Doc #2016R-565223, Section 22, Township 51 North, Range 4 West, Town of Russell, Bayfield County, WI] Schierman stated there are 4 letters of opposition in the file. There is Town Board Approval. Zepczyk asked if there are certain standards of soils that this can be on. Schierman stated no, as Eric Brye stated the material solidifies when spilled. Also have spill plan. The DNR would be responsible if something were to happen. Zepczyk stated other locations should be investigated. Schierman explained that Page 5 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 this location may not be chosen. Bids are out and who ever wins the bid for the project may not choose this location. Pocernich motioned to approve renewal of pit and also allow a temp hot mix plant with the conditions of: [1] Site will be a maximum of 20 acres. [2] Stockpile material will be limited to 5-acre area. [3] Excavation depth not to exceed 20 feet below grade. [4] Hot mix plant to be located with the 20-acre area. [5] Storage materials not to exceed 5 years from the date modified permit is issued. [6] Stock piling and/or mining pit material shall be only between 6 am – 6 pm daily. No work on Sundays or federal holidays. [7] A minimum of 10 days prior to crushing stockpiled materials or operating hot mix plant, owner shall notify adjacent property owners, contact the Town of Russell to schedule a public meeting with the Town Board, owner and contractor to discuss volume of materials, times and other matter pertinent to the activity. Crushing and hot mix operation shall be limited to 6 am to 6 pm daily and not allowed on Sunday or Federal Holidays. Hauling from 6:00 am to 5:30 pm. [8] The duration of the Batch Plant, Conditional Use Permit shall be to December 31, 2020. [9] Will meet with the Town of Russell every July to review condition of road.) based on Town Board Approval, that it meets the Comprehensive Plan, and the 17 criteria points for decision making. Strand seconded. Silbert asked to reconsider the duration. Pocernich denied. No further discussion. Motion carried. 5/0 E. James Swearingen & Pearl Peoples-Swearingen (Bayfield) – 2 unit short-term rental (existing residence) [a 1.2-acre parcel (Tax ID #38134), described as Lot 2 CSM #2100 in Doc #2019R-579585, Section 7, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI] Schierman explained there is Town Board approval and it is consistent with the comprehensive plan. Strand motioned to approve based on Town Board Approval. Pocernich seconded. No further discussion. Motion carried. 5/0 F. Allen and Tamara Suwanski / Anthony Duiko/ Caroly Suwanski (Barnes) – garage in commercial zone [a 6.786-acre parcel (Tax ID #1631), described as 2 parcels in Lot 2 in Doc #2016R-566256, Section 8, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI] Allen Suwanski explained he would like to build a garage in a commercial zone and is not sure why he is zoned commercial. Schierman explained that the property would be more valuable if kept commercial, so they chose this route instead of a rezone. Silbert motioned to approve based on Town Board Approval. Zepczyk seconded. No further discussion. Motion carried. 5/0 G. Discussion and possible action regarding Bayfield Properties LLC rezone sent back to Planning and Zoning Committee by Full Board Pocernich motioned to send back to full board. Strand seconded. No further discussion. Motion carried. 5/0 Page 6 of 6 ZC Planning and Zoning Public Hearing and Meeting – February 20, 2020 H. Discussion and Possible Action regarding matters of the Planning and Zoning Department. Silbert stated he was at the Health Department meeting and Sarah informed him that the sanitarians are sending notices with permits that applicants need to contact Zoning for additional permits. Is Zoning doing the same? Schierman stated that is a condition of every permit that they must check with the health department for additional permitting. 12. Monthly Report Schierman stated in December 2019 the department collected $16,000 more in fees than previous year. Issued 505 land use which was 5 more than previous and 168 sanitary which was 4 more than previous. Permitted 28 million dollars’ worth of projects in the County. Silbert motioned to receive and place on file, Zepczyk seconded. No further discussion. Motion carried. Schierman stated for the month of January the department collected $9747 in fees and issued 26 land use and 13 sanitary and permitted one million worth of projects. Zepczyk motioned to receive and place on file, Silbert seconded. No further discussion. Motion carried. 13. Adjournment Rondeau called adjournment at 5:32pm. Prepared by KMH on 2/21/2020; given to RDS 2/24/2020 Approved by RDS on 3/3/2020 Sent to ZC on 3/3/2020 Final Approval on 5/21/2020 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2020/#2 February