Loading...
HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 4/21/2022Page 1 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING APRIL 21, 2022 1. Call to Order of the Planning & Zoning Committee Business Meeting: Chairman Rondeau called the Planning & Zoning Committee meeting to order at 4:00 pm. 2. Roll Call:Ray, Rondeau, Silbert, Strand and Pocernich – present. Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Mckenzie Slack- AZA, Erica Meulemans-AZA, Franki Gross-Secretary, and Mark Abeles-Allison- County Administrator. A. Election of Chair: Strand nominates Brett Rondeau for Chairman of the Planning & Zoning Committee. Pocernich makes a motion to close nominations and cast a unanimous ballot for Brett Rondeau for Chairman. Seconded by Ray. Motion carried, 5-0 B. Election of Vice-Chair: Pocernich nominates Jeff Silbert for Vice-Chair of the Planning & Zoning Committee. Strand moved to close nominations and cast a unanimous ballot for Jeff Silbert for Vice-Chair. Seconded by Ray.Motion carried, 5-0 Abeles-Allison made a brief introduction of all new employees of the Planning & Zoning Department and the members of the Committee board. 3. Adjournment of the Planning & Zoning Committee Business Meeting: Rondeau stated at this time he will entertain a motion to adjourn the business portion of this meeting. Pocernich made a motion to adjourn. Seconded by Ray. Motion carried, 5- 0 Adjourned at 4:08 PM 4. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:09 PM 5. Roll Call: Ray, Rondeau, Silbert, Strand, and Pocernich – present. Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Mckenzie Slack- AZA, Erica Meulemans-AZA, Franki Gross-Secretary, and Mark Abeles-Allison- County Administrator. 6. Affidavit of Publication:Pooler showed the audience the affidavit of publication and the certified mailing receipts. Published Tuesday, April 5th and Tuesday, April 12th, 2022 7. Public Comment – Karl Kastrosky introduced himself and brought to the committee a concern regarding a property recently purchased by Tom Cummer. Mr. Cummer spoke stating he bought a piece of property on Lake Namakagon. His realtor told him he would have no problem renting it out when he wasn’t using it himself. Mr. Cummer Page 2 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 didn’t confirm what the realtor told him. They had an inspection done and found that the septic was failing. The cabin has 3 bedrooms and the garage had living quarters above. He got a permit for a septic that would accommodate 5 bedrooms. He had a property management company that applied for all the permits, and they were told by the Zoning Dept. that they couldn’t have a garage with living quarters. Mr. Cummer spoke with Rob Schierman about why he can’t have a permit for the garage when the prior owner had it set up that way. Mr Cummer is at a loss as to what to do when the Zoning Dept. issued the permits for the previous owner and allowed him to divide the lots but won’t give him a permit for the garage to have living quarters. Conversation moved away from the microphone and wasn’t heard or recorded. Chairman Rondeau stated the staff will look at the situation and will get back to him. 8. 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. 9. Public Hearing: A. CTD, LLC (Barksdale)is petitioning for a zoning district map amendment to rezone property from Ag-1 to Residential- 1. [a 9.1-acre parcel (Tax ID 38256) (Doc# 2021R-586327), described as Lot 2, CSM #2123, Section 33, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] Angie Truchon spoke on behalf of the request and she’s on the Town of Barksdale Board. Angie stated she is personally interested in purchasing this property for her mother, and that the Town of Barksdale has drafted a resolution to change the Land Use Plan. Because of posting requirements, regarding the resolution, the Town couldn’t send a recommendation to the Committee within enough time for it to be addressed. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if anyone would like to speak in opposition. No one spoke. Discussion ended. B. Mathy Construction, Owner/Kaitlynn Peper, Agent (Barnes) - Reclamation plan. Property is a Forestry-2 zoning district [a 40-acre parcel (Tax ID 2246) (Doc# 2017R-51307), described as SE ¼ of the NE ¼, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI]. Kaitlynn Peper, Agent,spoke on behalf of the request. Kaitlynn stated Reclamation plan has been updated to the NR-135 standards. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if anyone would like to speak in Page 3 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 opposition. No one spoke. Discussion ended. C. Mathy Construction, Owner/Kaitlynn Peper, Agent (Barnes) - request a conditional use permit to continue operating the existing non- metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [a 40-acre parcel (Tax ID 2246) (Doc# 2017R-51307), described as SE ¼ of the NE 1/4, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI]. Kaitlynn Peper, Agent,spoke on behalf of the request. Kaitlynn stated they are requesting a renewal of the CUP but with changes in hours of operation from 6AM to 6PM Monday thru Friday and 6PM to 8PM be quiet/equipment maintenance time. Saturday hours of operation are from 6AM to 2PM. Duration of the permit would be 10 years. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if anyone would like to speak in opposition. No one spoke. Discussion ended. D. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – Reclamation plan. Property is a Forestry-1 zoning district [Parcel #1 is a 40-acre parcel (Tax ID 20114), described as SW ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 39.294–acre parcel (Tax ID# 20115); described as SE ¼ of the SE 1/4 in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Kaitlynn Peper, Agent, spoke on behalf of the request. Kaitlynn stated Reclamation plan has been updated to the NR-135 standards. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if anyone would like to speak in opposition. No one spoke. Discussion ended. E. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) - request a conditional use permit to continue operating the existing non-metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [Parcel #1 is a 40-acre parcel (Tax ID 20114), described as SW ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 39.294–acre parcel (Tax ID# 20115); described as SE ¼ of the SE 1/4 in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Page 4 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 Kaitlynn Peper, Agent, spoke on behalf of the request. Kaitlynn stated they are requesting a renewal of the CUP with no changes in hours of operation. 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. F. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – Reclamation plan. Property is a Forestry-1 zoning district [Parcel #1 is a 40–acre parcel (Tax ID# 20112); described as NE ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 40–acre parcel (Tax ID# 20113); described as NW ¼ of the SE ¼, in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Kaitlynn Peper, Agent, spoke on behalf of the request. Kaitlynn stated Reclamation plan has been updated to the NR-135 standards. 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. G. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – request a conditional use permit to continue operating the existing non-metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [Parcel #1 is a 40–acre parcel (Tax ID# 20112); described as NE ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 40–acre parcel (Tax ID# 20113); described as NW ¼ of the SE ¼, in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] Kaitlynn Peper, Agent,spoke on behalf of the request. Kaitlynn stated they are requesting a renewal of the CUP with no changes in hours of operation. Rondeau asked three times if anyone would like to speak in support. No one spoke. Rondeau asked three times if anyone would like to speak in opposition. No one spoke. Discussion ended. 10. Adjournment of Public Hearing: Ray made a motion to adjourn the public hearing, Pocernich seconded. Motion carried, 5-0. Adjourned at 4:32 pm. 11. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:33 pm. 12. Roll Call: Ray, Rondeau, Silbert, Strand and Pocernich - present. Page 5 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Mckenzie Slack- AZA, Erica Meulemans-AZA, Franki Gross–Secretary, and Mark Abeles-Allison- County Administrator. 13. New Business A. CTD, LLC (Barksdale) – is petitioning for a zoning district map amendment to rezone property from Ag-1 to Residential- 1. [a 9.1-acre parcel (Tax ID 38256) (Doc# 2021R-586327), described as Lot 2, CSM #2123, Section 33, Township 48 North, Range 5 West, Town of Barksdale, Bayfield County, WI] File Report: Pooler informed the committee that the item has no public comments associated with the application. The TBA has not been submitted due to posting requirements for the resolution to change the future land use map of the Town. Pooler recommended the action be paused. Silbert made a motion to approve the Rezone based on the Town Board’s approval and the Planning Committee letter & approval, also based on Zoning Ordinances, consistency with the town plan, consideration of the town board recommendation, which he? already said, the community or the general welfare and economic impacts of the proposal. Seconded by Pocernich.Discussion occurred regarding the history of the property and how the property was split. Setbacks were also discussed, and questions were asked about why we would change the zoning vs allowing a permit to be issued with a variance to setbacks and/or adjusting the setbacks in the various zoning districts to be consistent with each other. Ray asked if there needs to be conditions included with this approval and Pocernich said you could, but he won’t support that motion. Motion carried, 5-0. B. Mathy Construction, Owner/Kaitlynn Peper, Agent (Barnes) – - Reclamation plan. Property is a Forestry-2 zoning district [a 40-acre parcel (Tax ID 2246) (Doc# 2017R-51307), described as SE ¼ of the NE ¼, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI]. File Report: Pooler informed the committee that there is support from the Town for the Reclamation Plan, and the renewal of the Conditional Use Permit with support for the changes in the conditions. Pocernich made a motion to approve the Reclamation Plan. Seconded by Ray. Discussion occurred with a question by Strand as to whether the Reclamation Plan was reviewed & recommended for approval by the Land & Conservation Dept. Pooler stated it was. Motion carried, 5- 0. Page 6 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 C. Mathy Construction, Owner/Kaitlynn Peper, Agent (Barnes) – request a conditional use permit to continue operating the existing non- metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [a 40-acre parcel (Tax ID 2246) (Doc# 2017R-51307), described as SE ¼ of the NE 1/4, Section 21, Township 44 North, Range 9 West, Town of Barnes, Bayfield County, WI]. File Report: Pooler stated that the Town was in favor of the renewal of the CUP and supported the requested changes in the conditions. Silbert asked if there could be a compromise with the hours by starting later and Kaitlynn responded that the change was suggested by the town and that was acceptable with them based on availability of the pit for the town & county. Pocernich made a motion to approve the application for Mathy Construction to continue the operation of a non-metallic mine in the town of Barnes. It is consistent with the town’s comprehensive plan, town board recommendation, also to limit the hours from 6 to 6 Monday thru Friday, and 6 to 2 on Saturday, for operations only on Saturdays. Seconded by Ray. Discussion occurred regarding including holidays and why there is limited quiet/maintenance hours. Pocernich doesn’t understand why we are requiring them to limit the hours of operations & maintenance when back when he worked for them there was no limit to work hours. Brandon Lende of Mathy Construction commented that they are asking for the quiet/maintenance hours, so they don’t cut into the hours of operations, like crushing, to do oil changes and things like that. Pocernich wanted to know why as a committee we are restricting them, and the other committee members reminded him that they are asking for this in their application. Strand amended Pocernich’s motion to include state holidays as days of non-work. Amended Motion carried, 5-0. Original Motion including Amendment carried, 5-0 D. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – Reclamation plan. Property is a Forestry-1 zoning district [Parcel #1 is a 40-acre parcel (Tax ID 20114), described as SW ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 39.294–acre parcel (Tax ID# 20115); described as SE ¼ of the SE 1/4 in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] File Report: Pooler stated that the Town was in favor of the renewal of the CUP and Travis in Land & Conservation also reviewed and approved the plan. Silbert moved to accept the Reclamation Plan of the Mathy Construction, Peper, Crooked Lake Reclamation Plan, Tax ID 2114 & 2115. Seconded by Pocernich. Motion carried, 5-0 E. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – request a conditional use permit to continue operating the existing Page 7 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 non-metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [Parcel #1 is a 40-acre parcel (Tax ID 20114), described as SW ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 39.294–acre parcel (Tax ID# 20115); described as SE ¼ of the SE 1/4 in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] File Report: Pooler stated Travis approved the Reclamation plan and so did the town. Strand moved to approve the permit request for the continued operation of the non-metallic mine based on the town board recommendation, the consistency with both the town & counties comprehensive plan, community welfare and economic development with the following conditions: hours of operation Monday thru Friday 6 AM to 6 PM, Monday thru Friday quite work hours 6 PM to 8 PM, operational hours on Saturday from 6 to 2 PM, no work on state holidays. Seconded by Ray. Silbert asked if we are adding to the motion the 10-year renewal. Strand added that to his motion and Ray confirmed that was ok for his second. Pocernich asked if we are doing that for all of them and Strand stated that typically they had. Pocernich stated they needed to go back and add that to the other one because they hadn’t included it & he wanted to amend the amended motion. Rondeau said they were going to get through this one before they went back. Peper stated that the quiet hours were for the Barnes pit only and the hours for Crooked Lake are from 6 AM to 9 PM Monday thru Saturday. Strand stated he wouldn’t be supportive of those hours that are asked to be renewed and stands with his motion of hours being 6 to 6. Pocernich said he wouldn’t be supportive of that motion. Motion defeated, 3-2 Pocernich made a motion to renew the existing permit to allow the same hours and conditions they had in the past for the Crooked Lake pit #166 for 10 years based on Town Board recommendation, comprehensive plan, meets safe & health conditions, relative public input. Seconded by Ray Roll call vote requested by Pocernich. Ray-yes, Rondeau-yes, Silbert-yes Strand-no, Pocernich-yes. Motion carried, 4-1 F. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – Reclamation plan. Property is a Forestry-1 zoning district [Parcel #1 is a 40–acre parcel (Tax ID# 20112); described as NE ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 40–acre parcel (Tax ID# 20113); described as NW ¼ of the SE ¼, in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] File Report: Pooler informed the committee that Travis reviewed & approved the Reclamation plan. Page 8 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 Silbert moved to accept the reclamation plan of the Mathy Construction, Peper non-metallic mine ID# 20113 & 20112. Seconded by Pocernich. Motion carried, 5-0. G. Mathy Construction, Owner/Kaitlynn Peper, Agent (Iron River) – request a conditional use permit to continue operating the existing non-metallic mine (consisting of sand, gravel, crushing, screening & loading of stockpiles) NR-135 [Parcel #1 is a 40–acre parcel (Tax ID# 20112); described as NE ¼ of the SE ¼, in V. 959 P. 712; and Parcel #2 is a 40–acre parcel (Tax ID# 20113); described as NW ¼ of the SE ¼, in V. 959 P. 712, Section 35, Township 47 North, Range 8 West, Town of Iron River, Bayfield County, WI] File Report: Pooler stated the portable asphalt plant was part of the original application but was mistakenly omitted from the hard card of the issued permit but is part of the renewal request. Pocernich made a motion to approve the application for Mathy Construction for the Iron River plant; to renew the application with all existing conditions for Crooked Lake pit #164 because it meets Town Board approval, comprehensive plan, relevant public input, safe and healthful conditions, for 10 years. Seconded by Ray. Discussion occurred regarding the portable asphalt plant. Peper explained what the asphalt plant does at Crooked Lake and that it is only temporary at that location and moves as needed to other locations. Strand moved to amend the motion to delete the temporary portable asphalt plant from the permit. Seconded by Silbert for discussion purposes. Silbert asked Strand why he wants to delete the plant from the permit and not leave it as temporary. Strand stated that there is no time frame associated with the temporary status. Pocernich stated that this requirement of a time frame doesn’t apply with this request because when dealing with prior asphalt plants they didn’t operate within a pit. Pocernich also stated that asking for them to give a time frame for this would be almost impossible due to unforeseen circumstances that can and could occur. Brandon Lende stated that this asphalt plant would be used on a as needed basis and that the plant typically is used at other locations a majority of the time. Roll call vote on the amendment to the motion: Ray-nay, Rondeau- no, Silbert-no, Strand-yes, Pocernich-no. Amended Motion defeated, 4- 1. Original motion roll call vote: Ray-yes, Rondeau-yes, Silbert-yes, Strand-no, Pocernich-yes. Original motion carried 4-1 Director Hulstrom reminded the Committee that the 10-year renewal needed to be addressed for the Barnes pit. Silbert would like to amend Pocernich’s motion on the Barnes pit to include the 10-year period. Seconded by Ray. Motion carried 5-0 Agenda Review/Alteration H. Palma (Barksdale) – (After-The-Fact) bed & breakfast Page 9 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 File Report: Director Hulstrom informed the committee that the bed & breakfast applicants are seeking relief of the ATF fees because the county departments didn’t communicate with each other, and the applicants found themselves in violation. They have had a B&B for a number of years and were unaware of the need to have a permit. Ray moved for approval of the Palma permit for short term rental based upon town board approval, relevant public input and that we waive the after the fact permit fees. Seconded by Pocernich. Strand asked if B&B is the same as short term rental and Pooler answered with no, B&B has its own requirements of a Special Use – B permit.Ray amended his motion to approval of the Palma permit for a Bed & Breakfast Special Use Class B permit. Motion carried, 5-0. 14. Other Business I. Minutes of Previous Meeting(s): (Jan 20, 2022 & Mar 17, 2022) Strand moved to approve the January 20th meeting minutes as presented. Seconded by Ray. Motion carried, 5-0. Ray moved to approve the minutes of the March 20th, 2022, meeting as submitted. Seconded by Strand. Motion carried, 5-0 J. Discussion: Fireworks and fireworks stand. Hulstrom informed the committee she looked at this subject and reviewed the process that’s in place currently. If there is an absence of ordinance on the town & county level it falls back to the state laws to be followed. Because townships have no authority for the permitting of sales of fireworks the responsibility falls on the state for the permitting process. Pooler referred to a conversation with Corp Council in which there is a provision in our ordinance that allows sales of fireworks in Industrial & Forestry-1 zoning district with a Conditional Use permit. The committee would like clarification on all aspects of fireworks and firework stands/sales. There is lots of misunderstanding of the use and process of permitting this. Hulstrom would like for the Department staff to do more research on this subject and state statue. K. Discussion: RV’s; storage and uses. Pooler asks the question of what storage is and what is considered a campground. Clarification is needed greatly because there are many different interpretations. Over 21 days on an undeveloped property is allowed without a permit, and the question is, if the Committee wants the P & Z Dept to revise the ordinance and if so, can they provide the Dept with guidance. Slack stated that her time in Winnebago County provided her with a little insight into how other counties handle such questions. They came up with a provision that defines what storage means, like, the bump out can’t be extended, awnings can’t be out, stairs need to be retracted, antennas not out on top. Abeles-Allison asked if the Committee would like for the Dept to bring back some suggestions next month in which Hulstorm agreed to have the Dept do some research and see what they can come up with. Page 10 of 10 Planning and Zoning Committee Public Hearing and Meeting – April 21, 2022 L. Discussion: Public Housing and open space requirements. Abeles- Allison introduced Jason Maloney, the representative from Bayfield County Housing Authority. Last thing that got built was in 2000. Since then, the open space requirements for a MUD have gotten so restrictive that they can’t build. He is asking for a waiver or something to ease the restrictions of an open space requirement, so it isn’t prohibitive. Their request for grants happens on an annual basis and they have to have zoning and control of the site/land locked up by December 1st. Suggestions by Maloney were; a waiver for low income (60% or below the county median income) and/or workforce housing (60% to 80% of the county median income). Hulstrom stated a complete/universal waiver of the open space requirements makes her a bit nervous, and she wouldn’t be supportive of that, but to address it case by case is something that is already in the county’s ordinance for making a non-conforming structure conforming. Ray stated there is a need to draft language for allowing of waiving the open space requirements and a continued discussion on the matter. He would like to see, as soon as the next meeting, if possible, a draft ordinance to take to the full board on Planning & Zoning Committee being able to waiver open space requirements at their discretion. Abeles-Allison stated that because of time frame we may not have anything ready for the full board review but have drafted language to address and have a conversation about. Discussion occurred about the district overlay on towns that don’t want low-income housing/workforce housing with open space requirements waived. 15. Monthly Report / Budget and Revenue Hulstrom stated the monthly report and budget review was not ready for this meeting and would be ready for the next meeting. 16. Adjournment Rondeau called adjournment at 6:14 pm. Prepared by FIG on 5/13/2022; given to RH 5/16/2022 Approved by RH on 5/18/2022 Sent to PZC on 5/18/2022 Final Approval on 5/19/2022 cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web k/zc/minutes/2022/#4 Apr