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Home My WebLink AboutPlanning & Zoning Committee - Minutes - 5/20/2021 Page 1 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING MAY 20, 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, Tracy Pooler-AZA, Todd Norwood-AZA. 3. Affidavit of Publication: Schierman showed the audience the affidavit of publication and the certified mailing receipts. 4. Public Comment – 3 minutes per citizen No comments. 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. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – rec plan in Ag-1 zone (tabled 4/15/21) [a 34.91-acre parcel (Tax ID #21441), described as NE ¼ of the NE ¼ in Doc 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Les Dykstra spoke on behalf of the request and would like to open a sand pit. Side by side parcels and must go through the first parcel to get to the second. Schierman stated these were addressed last month but the rec plan was not here and cannot approve a CUP without a rec plan on file. Rondeau asked if anyone would like to speak in opposition or favor. Discussion ended. B. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – rec plan in Ag-1 zone (tabled 4/15/21) [a 34.91-acre parcel (Tax ID #21441), described as ne ¼ of the NE ¼ in Doc 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Rondeau asked if anyone would like to speak in opposition or in favor. spoke in support or opposition. No one spoke. Discussion ended. C. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – rec plan in Ag-1 zone (tabled 4/15/21) [a 40-acre parcel (Tax ID #21443), described Page 2 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 as NW ¼ of the NE ¼, in Doc# 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Rondeau asked if anyone would like to speak in opposition or in favor. spoke in support or opposition. No one spoke. Discussion ended. D. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – non- metallic mine in Ag-1 zone (tabled 4/15/21) [a 40-acre parcel (Tax ID #21443), described as NW ¼ of the NE ¼, in Doc# 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Rondeau asked if anyone would like to speak in opposition or in favor. spoke in support or opposition. No one spoke. Discussion ended. E. Tamara & Micah Jaesperson (Oulu) – rezone property (w/wetlands) from F-1 to Ag-1 [a 40-acre parcel (Tax ID #27192), described as NW ¼ of the SW ¼ in Doc #2018R-572647, Section 29, Township 48 North, Range 9 West, Town of Oulu, Bayfield County, WI] Schierman spoke on behalf of the request, this is 40 acres, all surrounding properties are Ag theirs is Forestry. They want to raise animals on their property for personal use. Rondeau asked if anyone would like to speak in favor or in opposition. No one spoke. Discussion ended. F. Mountaineer Properties LLC / Melissa Driscoll (Barnes) – rezone property from Commercial to Industrial [a 1.03-acre parcel (Tax ID# 3137) in Doc 2019R- 78430 described as Lot 1, CSM # 1243 of Doc 2003R-48754 Section 34 Township 45 North, Range 9 West, Town of Barnes, Bayfield County WI] Melissa Driscoll spoke on behalf of the request stating this is a commercial property that they have been operating a sawmill on for about 10 years. It was brough to their attention that they cannot operate a sawmill in commercial so would like to rezone to industrial to be able to continue what they are doing. Rondeau asked if anyone would like to speak in favor or opposition. No one spoke. Discussion ended. G. Gabriel’s Family Restaurant / Lane Eliason (Iron River) – firework stand in Commercial zone [a 0.15-acre parcel (Tax ID#3137) described as Lots 11 & 12 Black 3 Original Plat of Iron River in V.749 P.375 in Section 1 Township 47 North Range 8 West Town of Iron River Bayfield County WI] Page 3 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 Schierman spoke on behalf of the request stating that the agent Lane would like to purchase the property if they can secure a permit for a firework store. Rondeau asked if anyone would like to speak in favor or in opposition. No one spoke. Discussion ended. H. Mathy Construction Co / Eric Brye (Drummond) – temporary asphalt plant in F-1 and Ag-1 zones [Parcel #1 is an Ag-1 zoning district; a 40–acre parcel (Tax ID# 14103); described as NE ¼ of the SE ¼, in V. 945 P. 793 (Doc# 2006R- 507115); and Parcel #2 is an F-1 zoning district; a 34.49–acre parcel (Tax ID# 14089); described as the SE ¼ of the NE ¼, less Lot 1 of CSM# 1001 in V. 945 P. 793 (Doc# 2006R-507115) both parcels are in Section 30, Township 44 North, Range 7 West, Town of Drummond, Bayfield County, WI] Eric Brye spoke on behalf of the request and is asking for a 2-year permit. There are a couple State projects that need to be done that are on Co Hwy D and Co Hwy M. There is also a great deal of work on Hwy 63 that will bid this fall and start next Spring. Rondeau asked if anyone would like to speak in favor or in opposition. No one spoke. Discussion ended. I. Robert & Corinne Rasmussen Trust (Cable) – multiple unit development (4- unit) in Commercial zone [a 1.089–acre parcel (Tax ID# 38469), described as Lot 3, Block 7, Assessor’s Plat No. 2, less parcel described in V. 1033 & less parcel described in Doc# 2021R-587994, in Section 18, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Robert Rasmussen (did not say name but Rondeau called him by his first name) spoke on behalf of the request asking that the existing building be converted into either apartments or office space and to be able to keep the current food shelf space in there. Schierman stated they are also requesting to waive the EIA as this is in the incorporated village overlay district. They have open space reduction request as it is already highly developed area already. Rondeau asked if anyone would like to speak in favor or in opposition. No one spoke. Discussion ended. 7. Adjournment of Public Hearing: Strand made a motion to adjourn, Zepczyk seconded. Motion carried. Adjourned at 4:11 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:11 pm. Page 4 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 9. Roll Call: Ray, Rondeau, Silbert, Strand and Zepczyk –all present. Others present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA. 10. Previous Business: (A) Milo Properties LLC / Lori Raven (Barnes) - rezone from R-2 to R-1 (tabled 3/18/21 & 4/15/2021) [a ?-acre parcel (tax ID#2168) described as the W 200’ of the W 600’ of NW ¼ of the NE ¼ S & W of Tn Rd in Doc #2020R584278, Section 19 Township 44 North Range 9 West Town of Barnes Bayfield County WI] Schierman stated this is a smaller lot that needed larger lot areas so they are looking to rezone from R-2 to R-1 so they can meet setbacks. Town recommends approval. Silbert, stated they Town says on the pink sheet that it its with, something he cannot read. Schierman LUPC (land use plan commission). Silbert motioned to approve rezone and recommend to the full board based on TBA, land use plan, economic and general welfare of the proposal, and that is good. Zepczyk seconded. No further discussion. Motion carried. 5/0 A. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – rec plan in Ag-1 zone (tabled 4/15/21) [a 34.91-acre parcel (Tax ID #21441), described as NE ¼ of the NE ¼ in Doc 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman stated the rec plan was received in land and water conversation on April 12 and reviewed and approved by Travis on April 26. Revised plan received on April 29 and plan was approved contingent on financial assurance on May 3 2021. Silbert asked about the letter from Northwoods paving. Schierman stated that is another agenda item. Strand motioned to approve as presented. Zepczyk seconded. No further discussion. Motion carried. 5/0 B. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – non- metallic mine in Ag-1 zone (tabled 4/15/21)) [a 34.91-acre parcel (Tax ID #21441), described as ne ¼ of the NE ¼ in Doc 2018R-572647, Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman stated that the town recommended approval and it meets the town comp plan and would like to stipulate that haul roads may be designated at any time at town board discretion. Strand moves to approve the conditional use permit based on the recommendation of town board, town comprehensive plan, community general welfare and economic impact, with conditions 1] must complete perimeter survey to identify exterior boundaries. 2] permit is good for ten years 3] hours of operation are from 7 am to 7 pm Monday through Saturday, no operation on Sunday or State holidays 4] haul routes may be designated by the Town. Zepczyk seconded. No further discussion. Motion carried. 5/0 Page 5 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 C. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – rec plan in Ag-1 zone (tabled 4/15/21) [a 40-acre parcel (Tax ID #21443), described as NW ¼ of the NE ¼, in Doc# 2018R-572647Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman stated the same rec plan as the previous item. Zepczyk motioned to accept the rec plan. Silbert seconded. No further discussion. Motion carried. 5/0 D. No Two Septic Pumping / Excavating Inc / Les & Chris Dykstra (Kelly) – non- metallic mine in Ag-1 zone (tabled 4/15/21) [a 40-acre parcel (Tax ID #21443), described as NW ¼ of the NE ¼, in Doc# 2018R-572647 Section 28, Township 46 North, Range 5 West, Town of Kelly, Bayfield County, WI] Schierman stated town board sent recommendation of approval. Strand moves to approve the based on consistent with town and county comprehensive plan, town board recommendation, and community welfare and economic benefits with the following conditions 1] must complete perimeter survey to identify exterior boundaries. 2] permit is good for ten years 3] hours of operation are from 7 am to 7 pm Monday through Saturday, no operation on Sunday or State holidays 4] haul routes may be designated by the Town. Zepczyk seconded. No further discussion. Motion carried. 5/0 11. New Business E. Tamara & Micah Jaesperson (Oulu) – rezone property (w/wetlands) from F-1 to Ag-1 [a 40-acre parcel (Tax ID #27192), described as NW ¼ of the SW ¼ in Doc #2018R-572647, Section 29, Township 48 North, Range 9 West, Town of Oulu, Bayfield County, WI] Schierman explained there is town board approval form that is signed but no indication of action, and that there are no letters of support or opposition. Strand attended that meeting, and they recommended approval. Zepczyk motioned to rezone property from F-1 to Ag-1. Strand seconded. Strand stated there is a history of agricultural use on property as there is a small old barn on property and 8 acres that was farmed but most of the property is forestry. Ray just wanted to mention there is a fair number of wetlands on the property. Grazing is allowed in wetlands but not a good practice. No further discussion. Motion carried. 5/0 F. Mountaineer Properties LLC / Melissa Driscoll (Barnes) – rezone property from Commercial to Industrial [a 1.03-acre parcel (Tax ID# 3137) in Doc 2019R- 78430 described as Lot 1, CSM # 1243 of Doc 2003R-48754 Section 34 Township 45 North, Range 9 West, Town of Barnes, Bayfield County WI] Schierman explained the town sent approval and that the saw if portable. There is limited visibility from the road and limited use. Silbert asked if this has been in operation for some time and if noise complaints. Schierman stated yes for some time and no complaints. Silbert asked if it is outside, Schierman stated yes behind Page 6 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 some pole sheds. Silbert asked about hours. Someone from the audience stated it is only used four or five hours a month. Strand asked, if recommended and approved by full board, are there other uses the property could do under industrial. Schierman stated any use under industrial with proper permitting. Ray asked if they could go for a CUP instead of rezone. Schierman stated it is not an allowed use with a CUP in Commercial. Too small to zone forestry. Strand asked if they could add condition that it is only for sawmill. Schierman stated the rezone would rezone property and open it up. Silbert asked if applicant has intentions to use this other than sawmill. Answer from the crowd was they don’t want to change it, but it is the only option. They would like to have a commercial when they sell it. Silbert motioned to approve rezone based on approval of the town, and that is it. Ray seconded. No further discussion. Motion carried. 5/0 G. Gabriel’s Family Restaurant / Lane Eliason (Iron River) – firework stand in Commercial zone [a 0.15-acre parcel (Tax ID#20432) described as Lots 11 & 12 Black 3 Original Plat of Iron River in V.749 P.375, in Doc# 444643, in Section 1 Township 47 North Range 8 West Town of Iron River Bayfield County WI] Schierman explained the town of Iron River recommended tabled cause they want more information on legality. The applicant stated at the town meeting that the sale of fireworks is legal and wanted to give them time to find the documentation. Zepczyk motioned to table to be able to get more information. Ray seconded. No further discussion. Motion carried. H. Mathy Construction Co / Eric Brye (Drummond) – temporary asphalt plant in F-1 and Ag-1 zones [Parcel #1 is an Ag-1 zoning district; a 40–acre parcel (Tax ID# 14103); described as NE ¼ of the SE ¼, in V. 945 P. 793 (Doc# 2006R- 507115); and Parcel #2 is an F-1 zoning district; a 34.49–acre parcel (Tax ID# 14089); described as the SE ¼ of the NE ¼, less Lot 1 of CSM# 1001 in V. 945 P. 793 (Doc# 2006R-507115) both parcels are in Section 30, Township 44 North, Range 7 West, Town of Drummond, Bayfield County, WI] Schierman explained town recommended approval. Operation to start at 6 am trucking to begin at 7 to 8 am Monday through Saturday. Silbert asked what a construction season is, how long do they want this. Rondeau stated they would not do it in the winter. From the audience someone stated typically until November 15th. Maybe December 1st. Strand motioned to approve based on Town Board Recommendation, and general welfare and economic development with the conditions of 1] Hours of operation: 6am start-up, 7am to 8pm operational, Monday thru Saturday 2] No operation on Sundays or state holidays 3] Permit duration: until December 1, 2022. Zepczyk seconded. No further discussion. Motion carried. 5/0 I. Robert & Corinne Rasmussen Trust (Cable) – multiple unit development (4- unit) in Commercial zone [a 1.089–acre parcel (Tax ID# 38469), described as Lot 3, Block 7, Assessor’s Plat No. 2, less parcel described in V. 1033 & less parcel described in Doc# 2021R-587994, in Section 18, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI] Page 7 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 Schierman explained the town recommend approval with no conditions. Strand asked if ATF fees apply. Schierman believes they were paid. Silbert motioned to approve based on Town of Cable support, Rondeau said, plus waive the EIA, Silbert said yeah plus waive the EIA but not the ATF, and community and general welfare and economic impacts of the proposal. Ray seconded. No further discussion. Motion carried. 5/0 12. Other Business J. Minutes of previous meetings (February 18, March 18, and April 15, 2021) Schierman said they are on the printer in the office and sent Pooler to retrieve them. Schierman then went to get the March minutes. Ray asked if the letter was sent to Town of Namakagon. Schierman stated there is a meeting in July. Strand motioned to approve February 18 minutes as presented. Ray seconded. No further discussion. Motion carried. 5/0 Ray motioned to approve March 18 minutes. Ray seconded. No further discussion. Motion carried. 5/0 No April minutes or closed session minutes to approve. K. Minutes of Closed Session (April 15, 2021) Silbert motioned to approve as presented. Ray seconded. No further discussion. Motion carried. 5/0 L. Committee Members discussion Ray wanted to know if it is possible to combine items like A & B or A & C. Schierman stated no you must go according to parcels and for tracking. Ray also asked if rec plans can be put in the drop box. Ray asked about items like the rezone for the sawmill. Schierman stated this was brought to their attention ten years ago and was not addressed. It was now bought back to the forefront and they chose to rezone to be able to keep it. He is a builder and uses the wood in his projects. Ray thinks this is something that should be allowed in commercial zone districts. Schierman stated there is firewood processing that was added. We tend to amend when there are a lot of people call and say they want something like the firewood processing there was a few people the called that year. Silbert mentioned he just reviewed the uses allowed in Industrial and there are not a lot that will come back to bite us. 13. Monthly Report Schierman stated we continue to be busy, and we issued 90 permits in April. $117,064 dollars taken in. 42 more land use. 8 more sanitary permits. 10 million worth of improvements projects in Bayfield County. Zepczyk motioned to receive and place on file, Ray seconded. No further discussion. Motion carried. 5/0 Page 8 of 8 ZC Planning and Zoning Public Hearing and Meeting – May 20, 2021 14. Motion to move into closed session 15. Chairman Rondeau announced the Nature of the business: Bayfield County vs Barnes (21CX02) Ray motioned to move into closed session. Zepczyk seconded. No further discussion. Motion carried. 5/0 16. Motion adjourn meeting made in closed session 17. Adjournment Prepared by KMH on 5/24/2021 & 5/25/21; given to RDS 5/25/21; 5/27/21 (dak) Sent to ZC on 6/17/2021 Final Approval on 6/17/2021 cc: (after final approval)- (8) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2021/#5 May