HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 3/18/2021
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
MARCH 18, 2021
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order
at 4:00 pm.
2. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk – all present.
Others present were: Director-Rob Schierman, 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
George Koval former Town of Keystone Chairman spoke in opposition of the ordinance
amendment with concerns of the 1-mile setback for gravel pits to waterways.
5. 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.
6. Public Hearing:
A. Milo Properties LLC / Lori Raven (Barnes) – rezone from R-2 to R-1 [a 2.171-
acre parcel (Tax ID #2168), described as W 200’ of W 600’ of NW ¼ NE ¼ S & W
of Tn Rd in Doc 2020R-584278, Section 19, Township 44 North, Range 9 West,
Town of Barnes, Bayfield County, WI]
Lori Raven spoke on behalf of the request, her and her brother purchased the
property, and it is zoned R-2 which requires 600 ft wide lots, they would like to
change to R-1 which only requires 200 ft wide lots so they can have the 10 ft set
back to lot lines. Schierman noted that R-2 requires 300 ft wide lots which still isn’t
enough for the property.
Rondeau asked if anyone would like to speak in favor of the proposal. No one
spoke.
Rondeau asked if anyone would like to speak in opposition to the proposal. No
one spoke.
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 13-1-4; 13-1-25; 13-1-29A; 13-1-40; 13-1-42; 13-1-
61; 13-1-62; 13-1-62A; 13-1-103; 13-2-11; and 14-1-22 code of ordinances,
Bayfield county, Wisconsin
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
See exhibit A
Schierman spoke on behalf of the request stating, adding definition of bottling
plant, expanding definition of curio and specialty store, establishing a definition of
equestrian campground, establishing a definition of farm store, amending definition
of home-based business, adding a definition of shipping container, and shipping
container storage facility, adding a definition of water reservoir and facility, amend
13-1-25 cause there is conflict, looking to add in our non-shoreland non-conforming
for property owners to be able to rebuild, looking to require a EIA for all pits, section
6 looking to define unincorporated overlay districts as it applies in sanitary districts,
and looking to add some uses to the classification list. Looking to delete the
moratorium language. And looking to increase the minimum daily fine. Section 10
to include the Upper Eau Claire Dam failure analysis. Looking to identify when a
certified survey map is required.
Rondeau asked if anyone would like to speak in favor of the proposal. No one
spoke.
Rondeau asked if anyone would like to speak in opposition to the proposals.
Tony Tomashek, Vice President of Mathy Construction, concerned about 13-1-25
and the 1-mile setback. This would hamper new permits in the county and think
this should not be lumped in the oil and gas industry. Each pit needs to be looked
at case by case basis. There are already DNR restrictions that need to be followed
regarding water.
Candy Anderson, Geologist with Milestone Materials, concerns with removing the
footnote and ask that they consider a case-by-case basis. There are setbacks
applied by the DNR already. She presented sign-in sheet to Hagstrom for the
record.
Randy Palmer, Peterson and Sons, these non-metallic mines should not be
missed in with the oil and gas. There are not a lot of places that we can go without
disturbing someone, it is where the deposits are, and it is usually near a lake or
river basin. Always worked hand in hand with the DNR.
Discussion ended.
7. Adjournment of Public Hearing:
Zepzcyk made a motion to adjourn, Silbert seconded. Motion carried.
Adjourned at 4:20 pm.
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:20 pm.
9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk –all present.
Others present were: Director-Rob Schierman, Todd Norwood-AZA, and Krystal
Hagstrom - Secretary.
10. Business:
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
A. Milo Properties LLC / Lori Raven (Barnes) – rezone from R-2 to R-1 [a 2.171-
acre parcel (Tax ID #2168), described as W 200’ of W 600’ of NW ¼ NE ¼ S & W
of Tn Rd in Doc 2020R-584278, Section 19, Township 44 North, Range 9 West,
Town of Barnes, Bayfield County, WI]
Schierman stated the Town of Barnes tables so would ask the Committee to
consider postponing until the form comes back.
SIlbert motioned to postpone until next month’s meeting. Ray 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 13-1-4; 13-1-25; 13-1-29A; 13-1-40; 13-1-42; 13-1-
61; 13-1-62; 13-1-62A; 13-1-103; 13-2-11; and 14-1-22 Code of Ordinances,
Bayfield County, Wisconsin.
Schierman stated there is a letter from Mathy Construction, Milestone materials,
Todd’s Redi Mix, all stating the one-mile setback is too restrictive and needs to be
on a case-by-case basis. Town of Kelly does not support the one-mile setbacks
and would like to see the 50 miles in the farm stores does not cover the County
and would like to see that changes to include the County and surrounding
Counties. Town of Drummond sent a letter that the one-mile setback is too
restrictive. Grand View passed a resolution in opposition to the changes in 13-1-
25. Town of Bell sent a letter and so did the Town of Iron River, Town of
Namakagon, Forestry Department, and Highway Department regarding the one
mile is too restrictive. Town of Bayfield asked to table language to allow them to
investigate this more with issues in the ag zoning. Silbert stated he is opposed to
the blanket one mile and would like this removed but does think the ¼ mile buffer
to Lake Superior would be appropriate. Rondeau asked how many are in a ¼ mile.
Schierman stated none. Maybe the Isaksson pit. Silbert stated maybe no new pits
within a ¼ mile of Superior. Schierman described the geology of the County and
stated that most sand deposits are not within a ¼ mile of Lake Superior so this
should not be an issue. Ray is supportive of the ¼ mile and right about the geology.
Surprised that there is a setback on mines. I think this will get us in trouble with the
State as well. Silbert asked if the other change is to require an EIA for all mines,
yes. Schierman stated there are many ways this can be amended. Gave
examples. Strand is supportive of this and would like to postpone certain aspects
to they have time to review. Schierman stated this needs to be approved in part
or whole or denied. Also, there are a few things that need to go through specifically
the bottling plant in industrial that is one that a few board members asking to get
language in place. Without this someone would not even have to submit an
application they could just start bottling water also the farm stores should move
forward.
Ray motioned to suspend the rules and allow public input. Zepczyk
seconded. No further discussion. Motion carried.
Tony Tomeshack spoke stating the ¼ mile buffer to Lake Superior is still a
concern because there are wetlands connected to Lake Superior would be an issue
so asking that they take caution with this.
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
Rondeau closed public comments.
Strand motioned to forward the proposed ordinance changes except
Campgrounds in A1 to the County Board with a recommendation that they approve
them with the following changes: 13-1-25(g) Prohibited Areas. Nonmetallic
mining, and/or and strike the note. NOTE: Nonmetallic mine sites may be permitted
within one (1) mile of Lake Superior and connected wetlands and within one (1)
mile of any lake, river, creek, or stream, but shall be excluded from under lakes,
rivers, creeks, or streams. And add the following (h) Prohibited Areas.
Nonmetallic mining shall not be allowed in the following areas: (1) Under lakes,
rivers, creeks, or streams. (2) Within one-quarter (1/4) mile of Lake Superior or
connected wetlands. Silbert seconded. Strand for clarification this would not put
any restrictions on lake rivers or streams and would require the committee to look
at each application on its own merit. Rondeau stated that would take out the
connected wetlands. Strand, yes except for Lake Superior and to further clarify
would not include the campgrounds in Ag 1 to the full board but it would allow the
department and committee to further evaluate that proposal. Silbert for April?
Strand no the motion did not state April. Schierman questioned if Strand would
consider in his motion an adjustment to the farm store definition as suggested by
the Town of Kelly. 13-1-4(a) (22d) Farm Store: A building or buildings on a farm
where food and fiber products of the farm, or other local farms within 50 miles the
county or adjacent counties, are sold. Strand changed his motion to also include
that as a change. Rondeau asked if this change was OK with the second. Silbert
asked to specify. Rondeau stated instead of 50 miles it would include adjacent
counties around us for a farm store so if you got maple syrup from Douglas County.
No further discussion. Motion carried. 5/0
C. Bonney-Bayfield Properties LLC (Bayfield) – building contractor (equipment
and material storage) in an Ag-1 zone with lean-to addition (tabled at the Feb
18, 2021 meeting) a 9.77-acre parcel (Tax ID #4605), described as par in NW ¼
SE 1/4, Section 12, Township 50 North, Range 4 West, Town of Bayfield, Bayfield
County, WI]
Schierman stated there is one letter of opposition in the file from Sara Nevins with
concerns of impacts to wetlands, lighting, property values, and that it may end up
having the appearance of an industrial park. Town approves with conditions of 1.
Due to the proximity of the building to Hwy 13 and that the building is 67' off center
line instead of the approved 75', storage of materials and any type of equipment
be set back behind the existing building or screened by either a fence or fast-
growing vegetation within the next six months. 2. No burning of construction waste
or demolition materials. 3. All lighting be directed downward. 4. No storage on the
wetland portion of the property. 5. No business be conducted from the property.
Bonney is requesting to use the building as a material storage on 19 acres.
Stand motioned approve the permit based on the Town Board
recommendation, Relevant Public input, Maintenance of safe and healthful
conditions with these conditions: 1] All building materials and all building equipment
must be stored behind the existing buildings. 2] If screening vegetation or fencing
is established that screens the view of the property and stored building materials
and building equipment from the highway and adjacent properties then building
materials and building equipment maybe stored in front of the existing buildings. 3]
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
No construction waste or demolition materials or toxic or hazardous material may
be stored on the property. 4] No burning of any construction waste or demolition
materials is allowed. 5] All external lighting must be directed downward. 6] No
vehicles, equipment or construction materials may be stored or placed on
wetlands. 7] No business may be conducted on the property. Silbert seconded.
No further discussion. Motion carried. 5/0
D. Kurt & Helen Brenny (Drummond) – home-based business (tax preparation
and accounting in F-1 zone [a 20-acre parcel (Tax ID #14867), described as E ½
of SW ¼ SE ¼, Section 36, Township 44 North, Range 8 West, Town of
Drummond, Bayfield County, WI]
Schierman stated this is an application for a home-based business for tax
preparation and a sign on a 19.7-acre parcel zoned F-1 in the Town of Drummond.
Town approval and reviewed with comp plan.
Silbert motioned to approve based on Town Board Approval, that it meets
the Comprehensive Plan, and community and general welfare and economic
impacts of the proposal. Ray seconded. Ray asked the size of the sign and if
they applied for the sign. Schierman answered 3’ x 3’ and 6’ off the ground. No
further discussion. Motion carried. 5/0
E. Great Divide Ambulance Service / Trevor Provost (Cable) – ambulance
building with sleeping quarters in Commercial zone [a .96-acre parcel (Tax ID
#38429), described as Lot 1 of CSM #2162 in V.12 P.351 (located in Lots 2 and 3
Block 6 Assessors plat No.2), Section 18, Township 43 North, Range 7 West, Town
of Cable, Bayfield County, WI]
Rondeau explained the Town tabled, because it was not reviewed by plan
commission.
Ray motioned to table. Zepczyk seconded. No further discussion.
Motion carried.
F. Minutes from previous meeting
No minutes available
G. Committee members discussion regarding matter of the P & Z Department
Rondeau asked how many lawsuits the department is in right now. Schierman
stated nothing new and several are appeals of the BOA. Couple zoning issues.
Forfeitures are more than $18,000 fees to attorneys was $13,000, so we don’t lose
money generally when we go to court, we recoup it through the penalty fees. There
isn’t a line item in budget it all goes through the Clerk of Courts. Rondeau stated
he would like an update and input on whether if they go forward or not. Ray agreed
and would like it at the next meeting maybe just a summary. Schierman stated he
could ask corp counsel to provide summary and status report.
Schierman stated he and Mark (Abeles-Allison) have been talking to Northwest
Regional Planning in relation to the comp plan update. The comp plan is due for
an update but will probably extend it first and then update by the end of 2023. It
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ZC Planning and Zoning Public Hearing and Meeting – March 18, 2021
didn’t make sense to update the comp plan a year before census data becomes
available and in the middle of a pandemic. It’s clearly going to change prospective
and didn’t make sense to update with 10 yr old census
Schierman had a discussion on firework stores. Rondeau stated he sells a lot at
the store and usually the Fire Chief signs off on the permit. Ray stated Town
Chairman is supposed to sign off on them. Silbert asked Schierman what direction
he is looking for on fireworks sales. Schierman stated the classification list says
any use that is not identified on the list is to be clarified by the Planning and Zoning
Committee; so, he is looking for direction on firework stands. Rondeau spoke on
standalone stands versus stores and suggested Schierman reach out to Sawyer
Co because they have big tent sales in their county. Ray stated he hoped the
ordinance would have some mechanism that would address (such as an herbicide
plant, hazardous, chemical). Silbert felt fireworks would be a different category.
Rondeau stated the Committee should generate something for it so there is control
over it. Norwood gave history of other stores the person already has. It was
decided a conditional use would be required and Schierman would draft language
for the ordinance.
Silbert thanked and acknowledged Schierman and his staff for the efforts and time
involved in the zoning rewrite. Ray questioned the adjoining wetlands to Lake
Superior (mining regulation) and not including the riparian zones extending out of
the wetlands (e.g. Sioux River). Schierman explained a wetland connected to a
tributary/river that connects to Lake Superior is a connected wetland. Ray asked
if that would need to get sorted out. Schierman stated that would have to get
sorted out and he would do research on it with the Feds and State.
11. Monthly Report/Budget Review
Schierman stated in December we ended with 110 more land use permits and 41 more
sanitary permits. $288,987 above revenue. January we are 7 behind last year in land use
and 2 more sanitary than last year. Already permitted $1,082,318 in projects. February we
are 15 behind in land use and 7 ahead in sanitary but permitted $3,439,742 in projects.
Silbert motioned to receive and place on file, Zepczyk seconded. No further
discussion. Motion carried. 5/0
12. Adjournment
Rondeau called adjournment at 5:15 pm.
Prepared by KMH on 3/19/2021; given to RDS 3/23/2021
Approved by RDS on (was never approved or given back to KMH)
Approved and Revised by DAK April 2021
Sent to ZC on (RDS gave to Committee on 5/20/21 since they were never approved to send to Committee)
Final Approval on 5/20/21 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web
k/zc/minutes/2021/#3 March