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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 1/19/2023Page 1 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING JANUARY 19, 2023 1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing to order at 4:01 PM 2. Roll Call: Ray, Rondeau, Silbert, and Strand – present. Other’s present: Director-Ruth Hulstrom, Tracy Pooler, AZA, and Mark Abeles- Allison-County Administrator, Erica Meulemans, AZA-via Teams, Dennis Pocernich-via Teams, Mckenzie Slack, AZA-via Phone 3. Affidavit of Publication:Hulstrom stated the Affidavit of Publication was fulfilled. Published Tuesday, January 3rd and Tuesday, January 10th, 2023. 4. Public Comment – Chairman Rondeau stated at this time, we'll open a meeting for public comment limited to 3 minutes per citizens. If you wish to speak, make sure you come forward. Make sure the microphones on. The little red light will come on. State your name so we have it for the record. Bill Stewart, owner of a property in Barnes and who resides in Spooner, WI., spoke. He stated he was there regarding the Cochrane CUP application. Mr. Stewart stated he has raised numerous questions about the Committee’s action on the matter based on the erroneous advice Mr. Stewart believes the Committee received in November, stating the Cochranes should withdraw the CUP application as it isn’t needed, and the property can be subdivided. Mr. Stewart supports a pause on any decision until the Committee can explore what is being requested and obtain legal advice from the Corp Council, Mr. Carlson, on the matter. Larry Smith of Delta spoke. He stated he is currently going through the permitting issues with our storage containers. He stated he is just here to answer questions or comments or anything that will help expedite the process. Abraham Clark spoke on behalf of his and his wife’s request to operate a campground. Mr. Clark gave an extensive history of himself, his wife, family, business history, and positive impact they will have with the approval of their permit request. He also is there to answer any questions the Committee may have. Mr. Clark also stated that he attended the Town Board meeting, and they recommended approval of the application. 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. Page 2 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 6. Public Hearing: A. Abraham Louis & Kate Alyse Clark (Bayfield)request a conditional use permit to operate a (3) campsite campground with non-permanent camping units (consisting of: one Rustic Camping Unit (bunkhouse) (14' x 10' x 10'H); two camping sites; three portable privies, parking area, pump out station, garbage dumpster, shower / flush toilet / hand sink located in walkout basement, water access and walking path. Property is an R-RB zoning district; a 5.01–acre parcel (Tax ID# 4239), described as a parcel in NW ¼ of the NW ¼, in Doc# 2020R-584538, in Section 6, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI.Included in this request will be the requirement(s) of the Environmental Impact Analysis (EIA). Abraham Clark spoke and stated he read his statement during the Public Comment and didn’t have anything more to add. 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. Larry & Norma Smith (Delta) - request a conditional use permit (in a shoreland zone) to place two (8’ x 40’) storage/shipping containers on their parcel for storage. Property is an R-1 zoning district; a 1.26–acre parcel (Tax ID# 34160), described as Lot 2, CSM# 1504 in Doc# 2019R- 580133, in Section 2, Township 46 North, Range 8 West, Town of Delta, Bayfield County, WI. Larry Smith spoke and stated they have property in Delta. They purchased (2) 8’ by 40’ shipping containers for storage purposes. They have 2 joining lots and the second lot, (1.3 acre), basically was empty. That's where the shipping containers were placed. Mr. Smith found out that they were not compliant with Zoning and is trying to work through the process to get the approval to have them. He stated what his future intentions are concerning the containers and the measures they have taken to blend them into the landscape. Mr. Smith said the containers aren’t visible from the lake nor the road. The Town of Delta did not take it up in their meeting and Mr. Smith stated he was not there to give any input. He stated he tried to contact the Town but was unsuccessful. Mr. Smith stated he is here at this meeting to address any questions or concerns. 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. Page 3 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 C. A petition by Ruth Hulstrom, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting amendments to the Bayfield County Zoning Code of Ordinances, including the following: sections 13-1-41, 13-1-41A, 13-1- 62 and 13-2-61 of the ordinance all to extend the deadline for initiating construction pursuant to a permit from twelve (12) months to twenty-four (24) months, to amend 13-1-21 of the ordinance to clarify fees related to review of subdivision plats and special use applications and create a lesser fee for review of shoreland impervious surface applications, to amend Section 13-1-29 to provide that minimum open space requirements for multiple unit developments in an unincorporated village overlay district may be waived or reduced under certain circumstances, to amend section 13-1- 62 of the ordinance to allow dwellings (single family homes and duplexes) as permitted uses rather than special uses in A-1 and F-1 zones and to delete section 13-1-62 of the ordinance which prohibited construction of a single family dwelling or duplex on a lot created by subdivision of a parcel of land within the past five years in an F-1 zoning district into thee (3) or more lots of 10 acres or less without approval as a conservation subdivision. Ruth Hulstrom spoke and restated what is being requested in the Ordinance Amendments petition. Hulstrom read aloud from the Public Hearing Notice describing the requested sections of Ordinance to amend. 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. 7. Adjournment of Public Hearing: Ray made a motion to adjourn the public hearing, Silbert seconded. Motion carried, 5-0. Adjourned at 4:18 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the meeting to order at 4:33 pm. 9. Roll Call: Ray, Rondeau, Silbert, and Strand - present. Other’s Present: Director-Ruth Hulstrom, Tracy Pooler, AZA, and Mark Abeles- Allison-County Administrator, Erica Meulemans, AZA-via Teams, Dennis Pocernich-via Teams, Mckenzie Slack, AZA-via Phone. 10. New Business A. Abraham Louis & Kate Alyse Clark (Bayfield) - operate a (3) campsite campground with non-permanent camping units (consisting of: one Page 4 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 Rustic Camping Unit (bunkhouse) (14' x 10' x 10'H); two camping sites; three portable privies, parking area, pump out station, garbage dumpster, shower / flush toilet / hand sink located in walkout basement, water access and walking path. Property is an R-RB zoning district; a 5.01–acre parcel (Tax ID# 4239), described as a parcel in NW ¼ of the NW ¼, in Doc# 2020R-584538, in Section 6, Township 50 North, Range 3 West, Town of Bayfield, Bayfield County, WI. File Report: Hulstrom informed the committee that Abraham and Kate Clark are requesting a conditional use permit for a campground with three sites, located in the Town of Bayfield, noted as Tax ID 4239. The Environmental Impact Analysis was included with the request, and it's essentially about a 5-acre parcel zoned R-RB and that zoning classification requires a conditional use permit be submitted in order for that use to be established. Charly Ray asked for clarification on the location of a map that is referenced in the EIA. Hulstrom asked to refer back to the applicant if possible because she was unsure if the “see attached map” indicated under #3A in the EIA was referencing the map provided with the conditional use application packet. Ray made a motion to suspend the rules to allow for public comment.Seconded by Strand. Motion carried, 5-0 Ray asked Mr. Clark if the map that was included in the packet is the map referenced in the EIA and Mr. Clark affirmed that it was. Ray moved to accept the EIA and place it on file. Seconded by Silbert. Motion carried, 5-0. Chairman Rondeau stated public comment was closed now at this time. Strand asked for clarification on the number of campsites and if the rustic bunkhouse is considered a campsite. Strand also asked if upon approval can the campsites and rustic bunkhouse be interchangeable assuming they are classified as the same. Hulstrom stated that the Committee can condition the permit with details that will clearly state what will be permitted. She also stated that the affidavit reflects exactly what the motion states so the details in the motion will determine what is permitted. Mr. Clark spoke briefly from the audience, but the conversation was not heard and not recorded. Strand noted that the requested bunkhouse says 10’ x 14’ and the applicant said 10’ x 16’. Silbert said it can be changed to reflect 10’ x 16’. Hulstrom noted that Erica Meulemans, AZA shared a comment indicating that the state allows camping units to be up to 400 square feet, like a bunkhouse, but for seasonal camping purposes only. Silbert made a motion to approve the Conditional Use Permit for the Clark’s Consisting of 1 camping unit bunkhouse that is 16’ by 10’, two camping sites, three portable privies, parking area, pump out station, garage, dumpster, shower, flush toilet, sink located in a walkout basement, water access, and walking path, based on the Town Board’s approval, Town Planning Committee approval, Zoning Ordinance and all other applicable laws, the maintenance of safe and healthful conditions, and the community or general welfare and economic impacts of the proposal. Seconded by Ray. Motion carried, 5-0. Page 5 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 B. Larry & Norma Smith (Delta) (in a shoreland zone) - to place two (8’ x 40’) storage/shipping containers on their parcel for storage. Property is an R-1 zoning district; a 1.26–acre parcel (Tax ID# 34160), described as Lot 2, CSM# 1504 in Doc# 2019R-580133, in Section 2, Township 46 North, Range 8 West, Town of Delta, Bayfield County, WI. File Report: Pooler gave a summary of what the applicant is requesting in the Conditional Use Permit application. Rondeau asked if the Town Board addressed the request at their meeting and Hulstrom replied that the Town provided their TBA form, and they requested that the Committee table it until next meeting to review Bayfield County Ordinance and review and research the land parcels before approving or disapproving. Strand made a motion to Table until February to give the town time to render its recommendation to us. Seconded by Ray. Motion carried, 5- 0. C. A petition by Ruth Hulstrom, Director of Planning and Zoning, on behalf of the Bayfield County Planning and Zoning Committee, requesting amendments to the Bayfield County Zoning Code of Ordinance(s) – Title 13-1-21; 13-1-29; 13-1-41; 13-1-41A; 13-1-62 & 13-2- 62. File Report: Hulstrom stated the certified mailers went out, noting that we did not receive the returns from Town of Barksdale, Town of Cable, Town of Delta, and Town of Mason. We did receive correspondence from the Town of Kelly voicing concerns about 13-1-62, noting that it did not seem in conformance with the comp plan related to preservation of farmland. The Town of Cable Chairperson, David Popelka, wrote in support of, it seems, the two-year standard permit, and then the administrative review versus a Class A for residences in AG-1 and F-1, as well as allowing for reductions or elimination by the Committee for Open Space requirements for multi-unit developments. And finally, the Town of Russell provided correspondence noting that they were also in support but had some concerns about how they would potentially still know of anything related to development. Ray questioned if Hulstrom investigated what Dennis had asked at the last meeting regarding deleting the et cetera that's in the mining ordinance. Hulstrom replied that it was discussed, but then noted that we're looking at doing an ordinance update in the future, so ideally, we would catch some of those other areas where we might want to change that language. Strand asked if the county changes it to be a permitted by right, could the Town address it by a district overlay if they wished not to have it permitted by right. Hulstrom answered yes, the Town could create an overlay and add it to the Ordinance. Ray verified with Strand that he understood the question Strand asked and confirmed with Hulstrom that the Towns have options when it comes to concerns about farmland preservation, specifically in Ag- 1 and F-1 districts. Hulstrom also noted that in a prior meeting, in terms of staff knowledge of these Class A permits related to single family residences, Page 6 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 there were only two that had ever been denied for AG-1 and F-1 zoned properties. In terms of then being able to more efficiently pursue applications related to residences in Ag-1 and F-1, the department felt as though changing from, essentially, a Class A to just an administrative land use permit review seemed appropriate. Ray stated if we're serious about protecting farmland and forest land, as real viable economic land uses in the future, this is not where it's an issue. It's an issue at the question of lot sizes and how we administer that part of the program. Ray stated he doesn’t think that this is really a problem for protecting farmland as much as being allowed to or having a 5-acre minimum for the lot size for agricultural land. Strand moved to forward this to the full board with a recommendation of approval. Seconded by Ray. Silbert asked if all the proposed amendments could be quickly discussed one by one as he has a few questions on some of them. Hulstrom shared the screen of the proposed amendments for discussion. Ray asked for a layman’s summary of what is changing in each amendment. Hulstrom gave a brief layman’s summary of the requested amendments. Motion carried, 5-0 11. Other Business D. Minutes of Previous Meeting – (December 2022) Strand moved to approve the Minutes of the December 15th, 2022, Planning and Zoning Committee meeting. Seconded by Ray. Motion carried, 5-0 E. Discussion and Possible Action regarding Cochrane CUP withdrawal File Report: Hulstrom stated the Department has been in discussion with Mr. Stewart about this matter. Hulstrom noted that correspondence from prior Department staff to the property owner, included with a permit approved in 2006, indicated that the Cochrane’s could essentially remove the kitchen from the existing structure, and it be deemed a bunkhouse, and later they could then just apply for a residence without any additional permitting. Because of that evidence, it led the Department, with the recommendation and support of Corp. Counsel, to note to the property owner that if they choose, they could withdraw their application request for the conditional use permit to have two residences on the parcel that couldn't be subdivided and meet the zoning dimensional requirements. The applicant chose to withdraw his conditional use application and move forward with the land use application accordingly. Hulstrom also stated that in terms of there being anything then that the Committee needed to act on, because the applicant withdrew the application, there was nothing for the Committee to take action on as far as the Department sees it. That's generally my understanding of what Corp. Counsel believes as well, Hulstrom noted. Abeles-Allison added that he concurs with Hulstrom and that the Department and himself have had some somewhat extensive Page 7 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 discussions with Mr. Stewart and this was a process that our Corporation Counsel led us through. Abeles-Allison also noted that there are options that Mr. Stewart has through the Board of Adjustment if an appeal were to be filed, but he thinks, at this point in time, we're following a careful study, and we're following our Corp. Counsel on this matter. Strand stated he would like a response from our Corp. Counsel to Mr. Stewart's attorney letter and the information they provided before he’s interested in making any further decision. Ray made a motion that the zoning permit or the zoning department does not proceed with any permitting in this matter before we have time to further consult with Corp. Counsel. Seconded by Strand. Strand requested that Corp Counsel has a response to the Committee at the next meeting, so this doesn't linger too long. Silbert added, to clarify, the Committee wants to hear the responses to the information supplied by the attorneys. Pocernich spoke but was not heard due to poor audio. Abeles-Allison stated he thinks Pocernich was commenting on the process of not making a negative motion but instead recommending taking no action at this time unless it’s providing instruction to the Department. Pocernich confirmed Abeles-Allison’s statement. Hulstrom stated her understanding of what the Committee wants the Department to do, and Abeles-Allison added notification to the applicant is implied. Motion carried, 5-0 F. Discussion and Possible Action regarding 13-1-103(A) Violation Procedures File Report: Hulstrom stated this is an item that Linda Coleman, one of the other Corp. Counsel attorneys, brought to her attention recently and wanted to bring it to the Committee's attention to see if they had any input on the matter.Essentially the goal is to allow the Department to be able to pursue violations in an effective way. Linda Coleman suggested, based on Hulstrom’s understanding, that the procedures are not in the correct order to be acted upon effectively by the Department. Strand moved to have this as a possible action item on the next available meeting. Seconded by Ray. Strand asked just for clarification if it requires a public notice and public hearing, in which we didn't have for this meeting, to act, so he would like that to happen as soon as possible, so the Committee can consider it. Hulstrom added it would require an ordinance amendment because we would be changing the language slightly of this section. Motion carried, 5-0. G. Committee Members discussion regarding matters of the P & Z Dept. Ray stated he had conversation with the Town of Washburn Chair regarding zoning. An anecdote was related regarding a permit issue in their town where the applicant was approved, they proceeded and built their house and it burned down within the one year period in which their permit was still Page 8 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 valid they sought to rebuild and found out they would have to begin the zoning process anew, pay all the fees, go through a whole new permitting process and this was still within the first year. The applicant ended up leaving the area, not moving here, so Ray brought this up with zoning, just to get some more background and they thought there might be some reference to a burned down structure and requiring new permits, et cetera. Ray said he brought it up for information and discussion as possibly something to address, either currently or in the future, to rewrite the zoning code, it seems if somebody has a hardship case like this. He also noted that they could just petition for a waiver of their fees as a hardship case, but he’s glad the Department has undertaken a 2-year extension on our general permits. Strand asked what the timeline is for when the Committee will be considering possible changes to the Short-Term Rental Ordinances. Hulstrom replied that based on discussion with Corp. Counsel, the Department would hope to have it on the February meeting Agenda for a Public Hearing item. The Department and Corp. Counsel is going over any of the correspondence we've received so far from the Towns and have that draft on the next meeting Agenda. Silbert asked if the concerns from the Towns, like the Town of Namakagon, will be addressed and considered. Hulstrom replied that yes, they will be considered but in terms of how we have drafted this ordinance, I think we'll discuss that and if there's anything specific that would be related, they could raise that at the Public Hearing. Hulstrom also stated that if the Towns are adhering to whatever the state limitations are, nothing would limit them from further placing requirements and having their own permit process related to the Short-Term Rentals so they could have their own ordinance. Silbert stated that the Towns didn't want to feel like they were being bypassed in the process, so we should make an effort to have language to that effect. Ray asked about the process of applying for a STR and if, currently, the Towns get notified of the request. Hulstrom stated that the current process doesn’t start at the Town but in the process, yes, the Town is made aware of the application and weighs in with their recommendations. Discussion occurred about the process of the Towns adding conditions to the permit and Hulstrom added that this would be County Ordinance and if the Towns, themselves individually, choose to implement their own Ordinance related to short term rentals they could do that, if they're within the confines of whatever the county or the state allows for. Pocernich asked where the Department is on bunkhouses and the residential solar installations review. Hulstrom replied that the Department is doing some research right now as it relates to both of those items and hopefully in the future, we'll have something developed related to both of those items. Strand commented he had monthly reports from November and December, the one for December, which is the yearend total shows a decrease in both land use permits, and sanitary permits compared to the previous year. His question is are we on top of or caught up with issuing permits or is some of the decrease a result of permits still pending being issued. Hulstrom reported that sanitary and land use permits are generally caught up. There are some Conditional & Special Use items that we are still working on. Page 9 of 9 Planning and Zoning Committee Public Hearing and Meeting – January 19, 2023 12. Monthly Report / Budget and Revenue Hulstrom stated the monthly report for November & December the Committee should have received. Silbert stated that the differences in issued permits for each year is not an apples-to- apples comparison due to several factors. Ray made a motion to receive and place on file the Monthly Report for November & December 2022. Seconded by Silbert. Motion carried, 5-0 13. Adjournment Rondeau called adjournment at 5:10 pm. Prepared by FIG on 1/27/2023; given to RH 1/30/2023 Approved by RH on 2/1/2023 Sent to PZC on 2/2/2023 Final Approval on 2/16/2023 cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web k/zc/minutes/2023/Jan