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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 10/21/2021Page 1 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING OCTOBER 21, 2021 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:03 pm. 2. Roll Call: Rondeau, Silbert, Strand and Zepczyk – present Ray - absent Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Franki Gross- Secretary. 3. Affidavit of Publication: Schierman showed the audience the October affidavit of publication and the certified mailing receipts. Published Thursday, October 8th and Tuesday, October 12, 2021. 4. Public Comment – 3 minutes per citizen Mike Furtak – Agent for Across the Pond Veterans Park would like to get the Conditional Use permit extended to include the land just allocated from the County. Also hoping the EIA is waived for this land as the other EIA for the adjoining land was approved. Schierman stated the original EIA would be sufficient to submit as it’s applicable due to it already being on file. The reconsideration is established by ordinance. The application of expansion of the existing CUP & resubmission of the original EIA should be enough. Tessa Levins – resident of the Town of Russell states she encourages the committee to pass the amendment proposed to Ordinance 13-1-62A. She read a letter from Kathy Wendling (unable to attend) who also supports the proposed amendment. Gave the letter to the Secretary for submission into record. 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. Jerome Tompkins (Hughes) - rezone a parcel from Forestry-1 to R-1 in a shoreland. Parcel is a 0.83-acre parcel (Tax ID #35107) described as a parcel located in Gov’t Lot 4, (Doc #2014R-555490), Section 25, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI. Robert Schierman spoke on behalf of the request as Mr. Tompkins was absent due to living & working out of town. Schierman stated meeting the F-1 setbacks & acreage requirements are proving challenging. The Towns future land use map identifies this area as an R-1 rezone area. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if any would like to speak in opposition. No one spoke. Page 2 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 Discussion ended. B. Across the Pond Veterans Park Inc, Owner & Mike Furtak, Agent (Hughes) – rezone a parcel from Forestry-2 to Forestry-1 in a shoreland. Parcel is a 12.28- acre parcel (Tax ID #37680), described as part of NW ¼ of the SE ¼, less RR ROW in (Doc #2021R-590443), Section 12, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI. Mike Furtak spoke on behalf of the request as Agent for Across the Pond Veterans Park. He discussed the history of the land acquisition and stated complying with setback requirements used a lot of the area prompting the need for additional property to complete the project. He would like for the County to vote to approve the rezone from F-2 to F-1 Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if any would like to speak in opposition. No one spoke. Discussion ended. C. Ski Foundation Inc. / American Birkebeiner Ski Foundation Inc. (Cable) – EIA & conditional use to create a Multiple Unit Development consisting of: 1-Unit public swimming pool; athletic field; 30-unit hotel/motel; bar, cocktail lounge, tavern; 1-unit banquet hall/event center; 4-unit store; general retail; 1-unit museum; trail head; café-restaurant; 10-unit campground; electric generating (solar); observation tower; 1- unit Nordic center; sledding hill; ski/bike rental; 1-unit satellite office; and skating rink. Property is Twenty-Four parcels (580.34-acres). (See Exhibit A for legal descriptions) Ben Popp spoke on behalf of the request and stated he was there to answer any questions the Committee might have. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if any would like to speak in opposition. No one spoke. Discussion ended. 7. Adjournment of Public Hearing: Zepczyk made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:16 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:17 pm. 9. Roll Call: Rondeau, Silbert, Strand and Zepczyk – present Ray - absent Other’s present were: Director-Rob Schierman, Tracy Pooler-AZA, Todd Norwood-AZA, and Franki Gross - Secretary. Page 3 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 10. Business: A. Jerome Tompkins (Hughes) - rezone a parcel from Forestry-1 to R-1 in a shoreland. Parcel is a 0.83-acre parcel (Tax ID #35107) described as a parcel located in Gov’t Lot 4, (Doc #2014R-555490), Section 25, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI. File Report: Schierman stated the Town of Hughes recommended approval. They stated the use of the land will be enhanced and that was a good thing. No letters of support or opposition in the file. Strand moved to recommend to the full county board that we (Committee) support the rezone of this property based on its consistency with Zoning, both the Town and the County comprehensive plan and the Town Board Recommendation. Zepczyk seconded. No further discussion. Motion 4-0. Motion carried. B. Across the Pond Veterans Park Inc, Owner & Mike Furtak, Agent (Hughes) – rezone a parcel from Forestry-2 to Forestry-1 in a shoreland. Parcel is a 12.28- acre parcel (Tax ID #37680), described as part of NW ¼ of the SE ¼, less RR ROW in (Doc #2021R-590443), Section 12, Township 47 North, Range 9 West, Town of Hughes, Bayfield County, WI. Rondeau asked if Furtak had any more to say. Furtak spoke from the audience. File Report: Schierman reported the Town of Hughes sent a recommendation of approval stating the zoning change will allow the Park to complete its plans. No letters of support or opposition in the file. Silbert moved we approve Rezone for Across the Pond Veterans Park and recommend it’s adoption with the County Board based on Town Board recommendation and the community or general welfare and economic impacts of the proposal. Strand seconded. No further discussion. Motion 4-0. Motion carried. C. Ski Foundation Inc. / American Birkebeiner Ski Foundation Inc. (Cable) – EIA & conditional use to create a Multiple Unit Development consisting of: 1-Unit public swimming pool; athletic field; 30-unit hotel/motel; bar, cocktail lounge, tavern; 1-unit banquet hall/event center; 4-unit store; general retail; 1-unit museum; trail head; café-restaurant; 10-unit campground; electric generating (solar); observation tower; 1- unit Nordic center; sledding hill; ski/bike rental; 1-unit satellite office; and skating rink. Property is Twenty-Four parcels (580.34-acres). (See Exhibit A for legal descriptions) Rondeau asked Popp if there was anything he wanted to add at this time. Ben spoke from the audience. Silbert asked if the Zoning Dept had addressed the master plan uses and what needed to be included in any conditions. Schierman stated him & Popp went through with AZA Pooler and have identified what uses need to be approved by Special or Conditional and all proposed uses are allowable within R-RB zoning Page 4 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 districts. When ready to build in the future all that will be needed is a land use permit for structures. Rondeau questioned Popp about the Birkie Foundation not owning the stuff, he is just getting permits. Silbert asked if the committee will address the EIA separately and Rondeau responded with the appropriateness of addressing it first. Silbert moved to receive and place on file the EIA for the Birkebeiner Foundation. Zepczyk seconded. No further discussion. Motion 4-0. Motion carried. File Report: Schierman stated he received 2 letters of support. One from Nordmor Village who expressed concern about maintaining a 200’ setback between the Village & the camping cabins. The National Scenic Riverway commented that they also have no concerns. The Town of Cable recommended approval. Silbert asked if the Town Planning Commission moved on this proposal and Schierman stated they had on October 6th and they recommended to the Town Board to approve for many reasons. Silbert questions Schierman about a letter from the Cable Gun Club. Schierman stated that was one of the two supporting letters in the file. Rondeau asked Popp the proximity of the Gun Club to the MUD. ¾ of a mile was the response. Silbert motioned to approve the CUP for the Multi-Unit Development for the Birkebeiner Foundation based on Zoning Ordinance and all other applicable laws, consistency with Town Comprehensive Plans, Consideration of the Town Board Recommendation, relevant public input, the maintenance of safe & healthful conditions, the community or general welfare and economic impacts of the proposal, and that would do it with the condition to maintain setback of 200’ from Nordmor Village. Strand seconded. No further discussion. Motion 4-0. Motion carried. D. Jessica Tischer (Namakagon) – Hobby Farm in an F-1 Zone (consisting of (1) milk cow, (1) meat cow, pigs, lamb/sheep, goats, chickens, turkeys, ducks, geese,) Parcel is a 6-acre parcel (Tax ID #24002) (Doc# 20R-582636), described as Par in Gov’t Lot 3, Section 16, Township 43 North, Range 5 West, Town of Namakagon, Bayfield County, WI. Andy Jayson spoke. Stated he wasn’t at the Namakagon Town Board meeting & wishes he had been to address the concerns of the Town Board. He feels like they didn’t get an accurate picture of what they are wanting to do. Discussed the predatory animals (specifically Wolves) and his plans for keeping them away. Silbert asked the applicant his name and if they will be clearing any of the property prompted by the Towns comments. Stated name was Andrew. Andrew said no, there are no plans to cut any trees down or clear any of the property. File Report: Schierman stated he received a letter from The National Scenic Riverway citing no concern as the adjacent property owner. The Town of Namakagon recommended disapproval due to a hobby farm not meeting their plan (citing 10.106G). No other letters of support or opposition. Page 5 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 Silbert respectfully asks the Town of Namakagon to reconsider their decision with conditions, that they may suggest, that would make it acceptable to them. Strand concurred with Silbert stating in his opinion the applicant is asking for a minimal number of animals and they can be limited if a permit is approved. Zepczyk thinks the Towns reasoning is a wrong reason to shut down someone wanting to be a farmer and wished they had approved due to winter coming and not worry so much about the wolves. When asked by Rondeau if he had any input, AZA Pooler had no opinion of the request. Schierman said he senses support from the P & Z Committee of the request, but because of a challenging relationship with the Town of Namakagon as P & Z Dept head he would appreciate the committee sending it back to the Town for reconsideration versus superseding their recommendation. Rondeau & Silbert mentioned that the Town of Namakagon has approved hobby farms in the past. Silbert make the motion to postpone this decision until next month and ask for the partnership and cooperation of the Namakagon Town Board to come up with some conditions that would be acceptable to allow this application to move forward. Strand seconded. No further discussion. Motion 4-0. Motion carried. Schierman strongly advised Andrew to attend the meeting this time to answer questions and address the Towns concerns. 11. Other Business E. Discussion and Possible Action regarding reconsidering the recommendation made at the September 16th meeting regarding 13-1-62A (Ordinance amendment) Schierman corrected the error on the Agenda that stated it came before the Board on August 16th and the accurate month was September. He received notice from the Town of Bell with a resolution supporting the language as presented. The Red Cliff Band also supports the language presented as does the Town of Clover. A letter of support for the language as presented from a resident of the Town of Clover, Dana Churis is also in the file. It was asked by Mr. Strand to be back on the Agenda for reconsideration. Strand moved to reconsider the vote from the September 16,2021 meeting, agenda item 11.E, regarding the proposed amendment changes of county ordinances 13-1-62A & 15-1-22. Zepczyk seconded. No further discussion. Motion 4-0. Motion carried. Strand move to forward the proposed amendment changes of county ordinances 13-1-62A & 15-1-22 to the County Board with the recommendation to approve the changes.. Silbert seconded. No further discussion. Motion 4-0. Motion carried. F. Minutes of Previous Meeting(s) – Rondeau stated the minutes are from the September meeting. Strand moved to approve the minutes of September. Zepczyk seconded. No further discussion. Motion 4-0. Motion carried. Page 6 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 Schierman introduced the new secretary as Franki Gross. Welcome given & received. Silbert wanted to take a minute to thank Rob Schierman & the AZA’s & the whole Zoning department for getting the jobs done timely and fairly in spite of all the challenges presented. 12. Monthly Report Schierman reported figures of the August monthly report to the committee. Zepczyk motioned to receive and place on file August monthly report, Silbert seconded. No further discussion. Motion 4-0. Motion carried. Schierman reported figures of the September monthly report to the committee. Silbert motioned to receive and place on file September monthly report. Zepczyk seconded. No further discussion. Motion 4-0. Motion carried. 13. Adjournment Rondeau called adjournment at 4:45 pm. Prepared by FIG on 10/25/2021; given to RDS 10/25/2021 Sent Draft to ZC on 10/25/2021 Approved by RDS on Final Approval on 11/18/2021 cc: (after final approval)- (13) Supervisors, Cty Admin./Clerk, DNR, Web k/zc/minutes/2021/#10Oct/Minutes-Oct Page 7 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 Exhibit A Ski Foundation Inc. / American Birkebeiner Ski Foundation Inc. Property is Twenty-Four (24) parcels. Parcel #1 is an R-RB zoning district; a 40-acre parcel (Tax ID# 8938); described as NE ¼ of the SW ¼ in Doc. #2021R-587023 Parcel #2 is an R-RB zoning district; a 40-acre parcel (Tax ID# 8941); described as SE ¼ of the SW ¼ in Doc. # 2021R-587023 Parcel #3 is an R-RB zoning district; a 40-acre parcel (Tax ID# 8943); described as NW ¼ of the SE ¼ in Doc. #2021R-587023 Parcel #4 is an R-RB zoning district; a 40-acre parcel (Tax ID# 8944); described as SW ¼ of the SE ¼ in Doc. # 2021R-587023 Parcel #5 is an R-RB zoning district; a 24-acre parcel (Tax ID# 8945); described as Se ¼ of the SE ¼, less platted part of 2021R-587023 in Doc. #2021R-587023 Parcel #6 is an R-RB zoning district; a 34.38-acre parcel (Tax ID# 37235); described as NE ¼ of the SE ¼, less Lot 1, CSM#1939 in Doc. # 2021R-587023 Parcel #7 is an R-RB zoning district; a 30.27-acre parcel (Tax ID# 37236); described as Lot 1 CSM# 1939 in Doc. #2015R-560530 Parcel #8 is an R-RB zoning district; a 12.696-acre parcel (Tax ID# 38567); described as NW ¼ of the SW ¼, less Lot 1, CSM#2185 in Doc. # 2021R-587023 Parcel #9 is an R-RB zoning district; a 31.36-acre parcel (Tax ID# 38569); described as SW ¼ of the SW ¼, less Lot 1, CSM#2185 in Doc. #2021R-587023 in Section 20, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI. Parcel #10 is an R-RB zoning district; a 23.5-acre parcel (Tax ID# 8977); described as NE ¼ of the SW ¼, less platted part V.321 P.440; V.328 P.95 (includes part of wastewater plant) in Doc. # 2021R-587023 Parcel #11 is an R-RB zoning district; a 3.78-acre parcel (Tax ID# 8978); described as par in NE ¼ of the SW ¼ in Doc. #2021R-587023 Parcel #12 is an R-RB zoning district; a 7-acre parcel (Tax ID# 8981); described as S ½ of the NW ¼ of the SW ¼, less platted part in 2021R-587023 in Doc. #2021R-587023 Parcel #13 is an R-RB zoning district; a 39-acre parcel (Tax ID# 8982); described as par in SW ¼ of the SW ¼ in Doc. #2021R-587023 Parcel #14 is an R-RB zoning district; a 24-acre parcel (Tax ID# 8983); described as SE ¼ of the SW ¼, less V. 320 P.119 and less V.481 P.306 in Doc. #2021R-587023 Page 8 of 8 Planning and Zoning Committee Public Hearing and Meeting – October 21, 2021 Parcel #15 is an R-RB zoning district; a 3.8-acre parcel (Tax ID# 8984); described as par in SE ¼ of the SW ¼ and SW ¼ of the SE ¼ in Doc. #2021R-587023 Parcel #16 is an R-RB zoning district; a 12-acre parcel (Tax ID# 8989); described as par in NE ¼ of the SW ¼ and NW ¼ of the SE ¼ in Doc. #2021R-587023 Parcel #17 is an R-RB zoning district; a 28.47-acre parcel (Tax ID# 8990); described as SW ¼ of the SE 1/4, less W 300’ of N 200’ in V.167 P.526; V.174 P.445; V.226 P.615; V.320 P.119, in Doc. #2021R-587023 Parcel #18 is an R-RB zoning district; a 1.38-acre parcel (Tax ID# 8991); described as W 300’ of N 200’ of the SW ¼ of the SE ¼, in Doc. #2021R-587023 Parcel #19 is an R-RB zoning district; a 4.0-acre parcel (Tax ID# 8993); described as par in SW ¼ of the SE ¼ in Doc. #2021R-587023 Parcel #20 is an R-RB zoning district; a 3.23-acre parcel (Tax ID# 37237); described as par in #14 in SE ¼ of the NW ¼ and SW ¼ of the NE ¼, less Lot 1 CSM#1939 (includes part of wastewater plant) in Doc. #2021R-587023 Parcel #21 is an R-RB zoning district; a 17.47-acre parcel (Tax ID# 37238); described as N ½ of the NW ¼ of the SW ¼, less Lot 1 CSM#1939 (includes part of wastewater plant) in Doc. #2021R- 587023 in Section 21, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI. Parcel #22 is an R-RB zoning district; a 40-acre parcel (Tax ID# 9101); described as NE ¼ of the NW ¼ in Doc. #2021R-587023 Parcel #23 is an R-RB zoning district; a 40-acre parcel (Tax ID# 9102); described as NW ¼ of the NW ¼ in Doc. #2021R-587023 Parcel #24 is an R-RB zoning district; a 40-acre parcel (Tax ID# 9104); described as SE ¼ of the NW ¼ in Doc. 2021R-587023 in Section 28, Township 43 North, Range 7 West, Town of Cable, Bayfield County, WI A total of 580.34-acres.