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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 9/15/2022 Page 1 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING SEPTEMBER 15, 2022 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:00 pm. 2. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand – all present. Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Erica Muelemans-AZA, and Heather Doubek-Secretary. 3. Affidavit of Publication: Ruth Hulstrom stated the Affidavit of Publication was fulfilled. Published August 30, 2022, and September 6, 2022. 4. Public Comment – Mike Furtak spoke on behalf of the old Cable School building. Chris Parker in Cable would like to rehabilitate the property into a multiple unit development. But will not be able to meet the open space requirement. He states this is the third development this year where the open space requirement in a village center has become problematic. Furtak suggested that the board look at an ordinance amendment allowing the committee to reduce or waive open space requirements with town board input for multiple unit developments. David Popelka (Cable) spoke in support for re-developing the Cable School property. He stated that the open space requirements especially in a village where the property is served by city sewer and city water are archaic. Popelka further stated that the ability to waive the open space requirement especially in a sanitary district would be a good amendment to the ordinance. 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. David & Susan Barningham (Bayfield), a 5.0-acre parcel (Tax ID #4883) described as S½ SW¼ SW¼ NW¼, in V. 424 P. 329 Section 22, Township 50 North, Range 4 West, Town of Bayfield, Bayfield County, WI from R-RB to F-1. David Barningham spoke on behalf of the request. Barningham confirmed they are requesting a rezone change from R-RB to F-1 to operate their firewood business. 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. Page 2 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 B. Ludzack Properties LLC, owner and Karl Kastrosky, agent (Cable), request a conditional use permit to convert a commercial building into a Multiple Unit Development (4-unit apartment building). Property is an C zoning district; a 1.38–acre parcel (Tax ID# 9636), described as Par in W½ NE¼ in 2022R-595778 Section 24, Township 43 North, Range 8 West, Town of Cable, Bayfield County, WI. Included in this request will be the EIA and Open Space requirement(s). Applicant has included a letter requesting waiver of Open Space requirements. Karl Kastrosky, agent spoke on behalf of the request. Kastrosky reminded the committee that this agenda item was on the docket last July. He stated that since then there has been an ordinance amendment that has a provision that could allow a reduction in the amount of open space required if certain things apply. This is a long-term rental development in the existing building for four two-bedroom apartments. There is a need for this in the county and could be rented at this time if they were developed. This building is not on municipal sewer. The existing structure is capable of handling six bedrooms. The owner would be willing to upgrade if the development is approved. David Popelka (Cable) spoke in favor of this development. This building has been vacant for over two years. Reuse as housing would be a viable use. The planning commission in Cable meets tonight and the town board does not meet until Wednesday. Popelka stated that he cannot speak for them on this request, but this same request was put forth last July and both the planning commission and the town board supported the request at that time. They see that Cable has a real need for housing. He further stated that the property is outside the village and fronts highway 63. It will not create any traffic or crowding in the area. The businesses around it will not be affected by the housing and the housing will not be affected by the businesses. 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: Silbert made a motion to adjourn the public hearing, seconded by Strand. Motion carried, 5-0. Adjourned at 4:12 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:12 pm. 9. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand - all present. Other’s present: Director-Ruth Hulstrom, Tracy Pooler-AZA, Erica Muelemans-AZA, John Carlson-Corp Counsel, Heather Doubek-Secretary. 10. New Business Page 3 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 A. David & Susan Barningham (Bayfield) – Rezone property from R-RB to F-1 File Report: Ruth Hulstrom informed the committee that the applicant indicated they would like to do a firewood processing business onsite and this is a permissible use in a F-1 zoning district. Staff in the department reviewed the surrounding zoning districts as well as the future land use map for the area to see if there were any concerns moving forward with this rezoning request and none arose. There are some adjacent properties that are also zoned F-1 and R-RB. There was some uncertainty as to whether the future land use map for the Town of Bayfield supported the proposed rezoning. The future land use of the subject property was indicated to be residential use. The lot size generally meets the dimensional zoning requirements for a F-1 property. No concerns of creating an illegal parcel. Staff also did a review of the existing structures on the site and there are no concerns of creating any illegal nonconforming structures based on the required setbacks for an F-1 property versus R-RB. Silbert asked if the town board has approved. Hulstrom confirmed that the town board reviewed the application and recommended approval with the condition and understanding that the current land use will continue including the home. She states her one concern with rezoning is current code standard requires a class A special use permit be issued for a residence in a F-1 district. She had indicated to the property owner that it may be useful to apply for a class A special use permit but if the committee feels this might be sufficient based on what the town board has supported allowing them to continue to use the home as a residence on the site, then no class A would be needed. Silbert asked for clarification on the importance of the residence. Hulstrom confirmed that the entire property is getting rezoned, and the residence exists on the property. Further discussion continued by the committee. Silbert motion to approve the rezone map amendment for David and Susan Barningham along with an approved issued class A special use permit with county board approval based upon consistency with the town’s comprehensive plan, town board recommendation, maintenance of safe and healthful conditions in the community, the general welfare and economic impacts of the proposal, seconded by Ray. Motion carried, 5-0. B. Ludzack Properties LLC, owner & Karl Kastrosky, agent (Cable) – MUD (4-unit apartment building) in commercial zone. File Report: Ruth Hulstrom informed the committee that Karl Kastrosky as authorized agent for Ludzack Properties LLC is requesting a conditional use permit to have residential use in a commercial zoned property for a multi-unit development. They are proposing four apartment units with two bedrooms per unit. She reviewed the prior application that the committee had reviewed. The building is considered nonconforming since it does not meet the required road setback. It is ten feet less than what the road setback needs to be adjacent to State Highway 63. Hulstrom further stated that the department would want to see a condition that the existing septic be updated accordingly. She added that she did consult with corp. counsel, and they did not support placing a condition on a multi-unit development that would limit the building from being utilized as short-term rentals. Rondeau confirmed that the Town of Cable would not be reviewing/approving this until next week. He further gave some history on the property. Rondeau is in favor of this improvement. Pocernich asked Rondeau if he wanted the committee to act Page 4 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 on this prior to town board approval. Rondeau stated he would have no problem approving this now. Further discussion continued by the committee. Ray motion to approve the Ludzack Properties LLC request for a 4-unit apartment building based upon the zoning ordinance, contingent on town board approval with the condition that the septic system be upgraded to capacity for the four unit proposed building and waive the open space requirement, based upon consistency with the town’s comprehensive plan, town board recommendation, maintenance of safe and healthful conditions in the community, the general welfare and economic impacts of the proposal, seconded by Silbert. Motion carried, 5-0. Ray motion to receive and place the EIA on file for the Ludzack Properties LLC, seconded by Silbert. Motion carried, 5-0. C. Across the Pond Veterans Park Inc, owner & Mike Furtak, agent (Hughes) – Roadside Park or Wayside Rest File Report: Ruth Hulstrom informed the committee that this came before the committee before for a class B permit and rezoning. It is being presented again with a portion of the property they retained more recently with a total of approximately 22.48 acres located at 68490 Redwine Rd located in the Town of Hughes, abutting US Highway 2 to the north. Applicant now wishes to extend or obtain a class B special use permit to have the wayside rest/roadside park use extended to the southern half of the property. Silbert questioned whether the application included a request for campgrounds or RV parks. Hulstrom confirmed that the applicant wants to place a memorial this year and that there is a separate application still under review for the campground portion. Strand inquired on town board recommendation. Hulstrom confirmed receipt just before the meeting and the town board did recommend approval of the proposed use. Strand motion to approve the class B permit based upon, consistency with the town’s comprehensive plan, town board recommendation, maintenance of safe and healthful conditions in the community, the general welfare and economic impacts of the proposal seconded by Pocernich. Motion carried, 5-0. 11. Other Business D. Minutes of Previous Meeting (August 18, 2022): Strand motion to approve the minutes from August 18, 2022, as presented, seconded by Pocernich. Motion carried, 5-0. E. Discussion and Possible Action Regarding short-term rental ordinance amendment. John Carlson, Corp Counsel informed the committee that he has received some feedback from committee members, Strand and Ray as well as some contact from the towns. He stated that nothing is being sent out to the towns until there is a rough draft. Then he would like to send it out to the towns for comment, explaining why we are doing this and what the limitations are that we have on short term rentals so there is more clarification. Carlson further stated that he wants to be clear we are not asking that this be forwarded to the county board any time soon. Carlson discussed with the committee, the rough draft and changes that they would like to see within Title 17 Short-Term Rentals. Regarding Page 5 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 Operations of Short-Term Rentals Sec. 17-1-7(b)(2), Carlson stated that there is a Wisconsin Business Tax Registration certificate issued by the Wisconsin Department of Revenue for the sales tax and this is separate from the local room tax that is collected. Pertaining to Sec. 17-1-7(b)(3), Silbert asked for clarification on the short-term rental permit issued by the county. It was clarified that the short- term rental permit would be issued by the director of the Planning and Zoning Department. Sec. 17-1-7(c)(2), no recreational vehicle, camper, tent or other temporary lodging arrangement shall be permitted on the site as a means of providing additional accommodations for paying guests or other invitees. Committee members discussed this section being stated more clearly. Sec. 17-1- 7(d), Setting uniform standards for a property manager and/or the property owner. Committee agrees to a contact person for the property versus a property manager would be acceptable. Short-Term Rental Permit Sec. 17-1-8(a)(2), Carlson stated that this is regarding the owner and based on decisions discussed will make changes. Carlson asked the committee if they think the county should require proof of insurance. Ray and Pocernich agree that the county should not require this. Application Procedure Sec. 17-1-9(b)(5), Strand, Pocernich and Silbert support requiring a floor plan. Ray states a floor plan should not be required. Health department already performs an inspection and has a checklist for state requirements. We already require square footage. Hulstrom requested confirmation that the health department already requires number of bedrooms. Carlson confirmed that the health department does. The committee further discussed wording and requirements for this section. Sec. 17-1-9(b)(6), Carlson stated he does not see parking being a concern since these properties are in the country and not located in a city setting. Renewal Sec. 17-1-10, the committee discussed if the short-term rental permit should be required as a yearly renewal, bi-annually or one time issuance. Rondeau does not feel that a fee should be due annually. Strand questioned if a permit should be required annually or just a one- time application/fee unless property ownership changes. The committee agrees a one-time fee at application and a new property owner would need to apply and pay fee. Standards Sec. 17-1-11, Carlson asked the committee on this section that since the state is inspecting the property are they agreeable to relying on the state requirements and removing this section. The committee agreed to just have this section read that every short-term rental shall comply with county ordinances, State and Federal laws. Carlson confirmed that any existing class A permits or conditional use permits would be grandfathered in, and new short-term rentals will need to apply and pay the fee. If there are complaints on existing permits the zoning department will have the authority to take action. Carlson stated that he will make the changes and have another draft next month. He suggested that we should get a letter out to the towns now letting them know that the committee is going through this process since they are getting a lot of questions. F. Discussion and Possible Action regarding 13-1-21(e)(1)(gg) Permit Expiration Ordinance Amendment. Ruth Hulstrom summarized and stated she reached out to other counties on how they handle extending or renewing existing permits and their fees. She stated that the department would be looking to extend or renew for an additional year. Carlson confirmed that one county said it was too difficult to track extending or renewing permits, so they just made all permits good for two years. The committee discussed options and if any additional fees should be required. Pocernich states the fees should be reasonable and minimal if any. Ray commented that a fee could be necessary if an on-site inspection is needed for any application changes. Ray states applications all being good for two years Page 6 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 unless changes are needed and that will be left up to the discretion of the planning and zoning director. Pocernich and Rondeau agree and would like to see the ordinance updated. Discussion continued by the committee. Pocernich asked if a motion would be made to extend all general land use permits to two years. Rondeau asked for clarification from Carlson. Hulstrom confirmed that this is just a discussion and looking for direction from the committee on revising the ordinance language. Pocernich stated he thought since it was listed as an action item that action could be taken. Carlson confirmed that the text of the ordinance would need to be amended from one year to two years for permits. Hulstrom confirmed that if this is the direction the committee would like to go then the language change can be made. Pocernich stated he still wants to make a motion, so it is on record to extend all land use permit application deadlines from one year to two years, along with consistency with the town’s comprehensive plan, town board recommendation, maintenance of safe and healthful conditions in the community, the general welfare and economic impacts of the proposal seconded by Ray. Motion carried, 5-0. Ray stated he was unclear why the committee could not take action and approve this now. Carlson confirmed that it was because a petition was not created to forward to the county board. G. Discussion and Possible Action Regarding CUP/Special Use Application Completeness. Hulstrom explained to the committee what the department is seeing. In regard to the class B application for the Across the Pond Veteran’s Park Inc there is also a campground application that was submitted earlier this year. After staff reviewed the application, additional information was needed, and the applicant did provide the information. The zoning department staff reached out to the health department to get a better understanding on what the sanitary requirements needed to be and if revisions would be required. This did create some turmoil between the staff and the applicant. Hulstrom asked the committee for some guidance on how complete the applications should be before bringing them to the committee for review. Ray states that the application should be complete so that an accurate review can be done. Silbert agrees and wants the staff to determine the completeness. Pocernich states that the application should be complete for what is being applied for at the current time. Pocernich motion to suspend the rules and allow Mike Furtak to speak on this topic, along with consistency with the town’s comprehensive plan, town board recommendation, maintenance of safe and healthful conditions in the community, the general welfare and economic impacts of the proposal seconded by Ray. Motion carried, 5-0. Mike Furtak states that he was told by Rob Schierman in January to bring in the conditional use application with as much information as they had available so he could review since he was leaving the department. At that time, they realized they needed an EIA and a storm water management permit. They hired an engineer to facilitate the storm water management permit through the state which was approved in June. Furtak submitted the EIA and the storm water management permit to the Planning and Zoning Department in July. He states he has been asking to set up a meeting with the Planning and Zoning Department since July to discuss the items requested for the conditional use permit that they are applying for at this time. He went on to state that they are willing to meet all the requirements Page 7 of 7 ZC Planning and Zoning Public Hearing and Meeting – September 15, 2022 being requested for this permit and would like to know when they can set up a meeting to discuss. Rondeau closed public comment. Ray states that he feels the committee has made it clear to the director that they would like as complete a package as possible. Strand agreed with Ray and further stated he would not want to see the department in a position where they have to recommend non approval because the application is incomplete, and he does not want to vote against an application because it is incomplete. Silbert concurred with both Ray and Strand and added that he does not want to keep seeing things postponed. Rondeau added that the application is complete if it is for what the applicant wants to do now not five years from now. Strand further stated that at every meeting there is an opportunity for public comment, and anyone can come forward with an informational item. Hulstrom stated that she is coordinating with the health department to set up a meeting with the applicant. H. Committee members discussion regarding matters of the Planning and Zoning Department Silbert questioned temporary campgrounds for special events (Concert in the Corn) and if the committee will create an ordinance for temporary campgrounds. Hulstrom stated there has been discussion on creating some type of special events permit. She further stated that this would be addressed more in the future. Pocernich asked if a permit is required for property owners to hold a wedding on their property with a large tent and 500 people. Hulstrom stated that a permit is not required and is usually exempt by counties that have a special events ordinance. Pocernich also asked about corn mazes, orchard tours and old barns rented out as venues in the area and if they are exempt. Hulstrom commented that this could be up to the committee. She further stated that she would like to see a good balance and is looking into how other counties handle special events. A special event ordinance would pertain to larger special events with 250 people or more at one time at an event and money changing hands versus a private wedding. 12. Monthly Report Ruth Hulstrom stated no monthly report this month. She added that the August report and September report will be available at the October meeting. 13. Adjournment Rondeau called adjournment at 5:45 pm. Prepared by HRD on 9/27/22; given to REH 9/27/22 Approved by REH on 10/28/22 Sent to PZC on 10/28/22 Final Approval on 11/17/2022 cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web k/zc/minutes/2022/#9 Sept