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HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 5/18/2023Page 1 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 MINUTES BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE PUBLIC HEARING AND PUBLIC MEETING MAY 18, 2023 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. Others present were: Director-Ruth Hulstrom, Franki Gross-Secretary. 3. Affidavit of Publication: Hulstrom stated the Affidavit of Publication was fulfilled. Published Tuesday, May 2nd, and Tuesday, May 9th, 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 are on. The little red light will come on. State your name so we have it for the record. Toni Holly spoke as the daughter of an adjoining neighbor, Rodger Hultman, in opposition to the Rezone application for Draft. Ms. Holly read a letter from her father and submitted it to Gross for the record along with a letter from another neighbor, Manthy Major, who also is in opposition to the Rezone request so an RV park can be permissible. Lois Palmer, resident of the Town of Clover stated she is opposed to the Rezone application based on concerns for water consumption, wastewater management, and turning Agriculture zoned land into anything other than farmland. Beverly Steele had a question on point of order and asked if the Chairman said the public comment was for anything not listed on the agenda. Rondeau confirmed that was correct. Gus McCellulan stated he is opposed to the application for the Rezone. He stated he would be willing to talk if they are interested in selling the property. 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. Frank & Brenda Draft are petitioning for a zoning district map amendment. The parcel is a 23.02-acre parcel (Tax ID #35671) described as NW 1/4 SE 1/4 less V.212 P. 414 and less that part lying S of Touve Rd desc in Doc # 2021R-590624, Page 2 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 Section 20, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI from Agricultural-1 (Ag-1) to Residential-Recreational Business (R-RB). Hulstrom gave a summary on the application due to the applicant not being present to answer questions. 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. Beverly Steele, Chairman of the Town of Clover Board, and representative member of the TPC spoke in opposition. The Town’s infrastructure can’t support a campground or RV park and voted unanimously to recommend denying this application. The TPC meeting had over 30 attendants in opposition and would like the Committee to understand how the Town feels about this request. Toni Holly spoke in opposition, voicing concerns about the protection of natural resources and stated she personally is offended that the applicants failed to show up at any of the meetings to answer any of the questions anyone had. Lois Palmer spoke in opposition to the Rezone request stating concerns of noise and light pollution. Gus McClellen spoke in opposition to the request of Mr. & Mrs. Draft. Mr. McClellen stated he is on the Town’s Fire Dept and the Draft’s never reached out to the Dept in any way to date for inspections or guidance or anything. Discussion ended. B. Abraham Ray requests a conditional use permit to operate and construct Cement & Concrete Products Mfg., (Sales, Storage) consisting of a commercial garage (30’ x 40’) with a lean-to (10’ x 40’) to be used for masonry and concrete business for equipment, tools and some material storage / with some personal storage of vehicle and ATV. Property is two (2) parcels. Parcel #1 is an F-1 zoning district; a 19.9–acre parcel (Tax ID# 26980); described as E ½ of the NW 1/4 SW 1/4 in V. 738 P. 166; and Parcel #2 is an F-1 zoning district; a 14.38–acre parcel (Tax ID# 26981); described as W ½ of the NW 1/4 SW 1/4 in V. 1058 P. 130 less S ½ SW 1/4 in V. 1058 P. 129, both parcels are in Section 21, Township 48 North, Range 9 West, Town of Oulu, Bayfield County, WI. Abraham Ray explained what he is asking for in his request for a Conditional Use Permit and that he is present to answer any questions the Committee may have. Mr. Ray has owned and operated Ray’s Masonry for 22 years and would like to expand by building a garage & lean to. Rondeau asked if anyone would like to speak in favor of the proposal three times. No one spoke. He opened the floor for opposition and repeated it three times. No one spoke. Page 3 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 Discussion ended. 7. Adjournment of Public Hearing: Silbert made a motion to adjourn, Strand seconded. Motion carried. Adjourned at 4:16 pm. 8. Call to Order of Planning and Zoning Committee Meeting: Chairman Rondeau called the meeting to order at 4:17 pm. 9. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand –all present. Others present were: Director Ruth Hulstrom, Franki Gross, Secretary. 10. New Business: A. Frank & Brenda Draft (Clover) are petitioning for a zoning district map amendment. The parcel is a 23.02-acre parcel (Tax ID #35671) described as NW 1/4 SE 1/4 less V.212 P. 414 and less that part lying S of Touve Rd desc in Doc # 2021R-590624, Section 20, Township 50 North, Range 7 West, Town of Clover, Bayfield County, WI from Agricultural-1 (Ag-1) to Residential-Recreational Business (R-RB) Silbert motioned to deny the Rezone for Frank & Brenda Draft based on Zoning Ordinances, the vote and decision of the TPC and in which there were 4 or 5 goals & objectives listed, primarily the preservation of agricultural land, the resolution from the Town to Deny, and I would like all 4 of the reasons from the Resolution to be included in the Motion (see below), relevant public input, the community and general welfare and economic impacts of the proposal, and consideration of the Departments file report and site specific findings, mainly that there is a stream. Ray seconded. Strand clarified that Silbert meant that it would be a recommendation to the full county board to deny. No further discussion. Motion carried. 5-0 Town of Clover Plan Commission (4) reasons: (1) The Town of Clover Future Land Use Map shows this property and all abutting property as A-1. Rezoning to R-RB is inconsistent with the 2003-2023 Comprehensive Plan and Future Land Use Map, adopted in Ordinance No 9/16/03-1 on September 17, 2003. (2) A rezoning of this parcel from A-1 to R-RB would be spot zoning. Spot zoning should occur only when the rezoning is in the public interest and not solely for the benefit of an individual property owner. (3) The petitioner has indicated that the reason for the petition is for “future campground/resort.” The Town of Clover Comprehensive Plan on pages 3-14 and 3-15 states: “Oppose additional developments of resorts, marinas, and golf courses.” The rezoning and proposed land use is inconsistent with the Town’s Comprehensive Plan. (4) A goal in the Comprehensive Plan on page 7-11 is to “Preserve and protect farmland and agricultural activities in the town.” Rezoning is inconsistent with the Town’s Comprehensive Plan. Page 4 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 B. Abraham Ray (Oulu) requests a conditional use permit to operate and construct Cement & Concrete Products Mfg., (Sales, Storage) consisting of a commercial garage (30’ x 40’) with a lean-to (10’ x 40’) to be used for masonry and concrete business for equipment, tools and some material storage / with some personal storage of vehicle and ATV. Property is two (2) parcels. Parcel #1 is an F-1 zoning district; a 19.9–acre parcel (Tax ID# 26980); described as E ½ of the NW 1/4 SW 1/4 in V. 738 P. 166; and Parcel #2 is an F-1 zoning district; a 14.38–acre parcel (Tax ID# 26981); described as W ½ of the NW 1/4 SW 1/4 in V. 1058 P. 130 less S ½ SW 1/4 in V. 1058 P. 129, both parcels are in Section 21, Township 48 North, Range 9 West, Town of Oulu, Bayfield County,WI. File Report: Hulstrom gave a summary of the applicant’s request. The Town recommended approval of the request with conditions that no change to the location of the garage & lean-to will occur without notification & review from the Towns Planning Commission & Board prior, and periodic review of the Special Use Permit by the Town to ensure compliance with conditions and the Towns comprehensive plan. Strand motioned to approve the conditional use permit to operate and construct Cement & Concrete Products Mfg., (Sales, Storage) consisting of a commercial garage (30’ x 40’) with a lean-to (10’ x 40’) with 2 conditions placed by the Town (see below) based on the Town Board recommendation, it’s consistency with the Town & County’s comprehensive plan and the economic benefits. Pocernich seconded. No further discussion. Motion carried. 5-0 Town of Oulu’s conditions: (1) No Change to the location of the garage and lean- to is allowed without review by the Town Plan Commission and approval of the Town Board. (2) The Town may periodically review the Special Use Permit to assure compliance with the permit conditions and the Town’s Comprehensive Plan. C. Jeremy & Mindy Mueller (Orienta) – request a special use permit for Hobby Farm, Farm Animals consisting of: (1 turkey, 6 chickens, 5 beef). Property is comprised of two parcels, both zoned Forestry-1. Parcel #1 a 40–acre parcel (Tax ID# 26001); described as NE ¼ NW ¼; and Parcel #2 is a 40–acre parcel (Tax ID# 26002); described as NW ¼ NW 1/4, both parcels are in Section 20, Township 49 North, Range 9 West, Town of Orienta, Bayfield County, WI. File Report: Hulstrom spoke and gave a summary of the request and the property in question. Hulstrom stated that the only areas of concern for the Department are maintaining the 25-foot setback for any structures from top edge of the eroded bank of the non-navigable stream and the proximity of the pasture area to the road. The Department suggested additional vegetation be added adjacent to the road to screen the pasture area from the road. Ray asked if the screening was what the Department felt was needed because of people hunting from the road or if there was another reason. Hulstrom stated that screening was mentioned only as an option for whatever actions the Committee deemed appropriate given that it’s a hobby farm in a primarily forestry district. Page 5 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 Pocernich motioned to approve the Special Use Permit for a hobby farm allowing for 2 turkeys, up to 12 chickens, and up to 6 beef cattle including all existing structures related to the proposed hobby farm use to include a chicken coop (6'x6') with attached mesh wire fenced area and garage (16'x20') with lean- to (12'x20') connected to a pasture area on 40 acres as described. Silbert seconded. Silbert asked Pocernich if he would be willing to amend his motion so the Mueller’s wouldn’t be restricted, having 80 acres to work with, and can allow 15 poultry, 6 beef cattle, up to 4 rabbits, and a combination of 2 sheep, goats, lambs, or pigs. Pocernich asked what the definition is of a hobby farm. Hulstrom read it word for word from the ordinance definitions stating a hobby farm is the keeping of farm animals or livestock (including but not limited to llamas, alpacas, pigmy goats, ponies, pot belly pigs, ostrich, turkeys, geese, chicken roosters, etc.) for commercial or personal use in a zoning district other than Ag-1 or Ag-2 and excluding up to six (6) chicken hens. Silbert, after hearing the definition of a hobby farm, withdrew his request for an amendment to the motion. Ray suggested as an alternative amendment to allow 1 additional animal unit which translates roughly to 1000 lbs. of animal live weight. Silbert seconded the amendment motion. No further discussion. Amended Motion carried. 5-0 Original Motion carried. 5-0 Agenda Review and Alteration 11. Other Business D. Minutes of Previous Meeting (April 20, 2023) Strand had one correction in the verbiage of the minutes and that was under item 5 C., the Dalbec Conditional Use Permit application, and the word distinguished needed to be changed to extinguished. Strand motioned to approve the minutes of the April 20th meeting. Silbert seconded. No further discussion. Motion carried. 5-0 E. Discussion and Possible Action regarding Shipping Containers Hulstrom spoke and stated the Dept has been in contact with Corp Counsel and discussion regarding placing a moratorium on shipping container placement due to the issues arising in Iron River and request from the Committee to research methods for addressing shipping containers. Hulstrom stated that clarification is needed on when and where placing a shipping container is appropriate. Corp Counsel John Carlson spoke and stated that there’s not a lot of regulations regarding shipping container placement and usage. Carlson said there is potential for shipping container placement & usage to go out of control so addressing standards & regulations now vs later is important. Placing a moratorium makes sense at this stage, commented Carlson, but the details need to be discussed and how crafting the language moving forward relays the direction the County wants to take. Rondeau asked how long Carlson recommends placing a moratorium in order to develop language for standards on shipping containers. Carlson stated a Page 6 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 minimum of 6 months. Hulstrom stated another option during the moratorium would be to have a temporary permit in which the applicant is fully aware that they would be subject to the standards following the moratorium and could be negatively impactful on the placement and/or usage of the shipping container. Strand commented that he views shipping containers in the usage differently, whether commercial or personal, and thinks the ordinance language should reflect as such. Silbert thinks a moratorium for 8 months is reasonable to place but thinks a temporary permit option is going to be a problem. Rondeau commented that to have a temporary permit option should not be included in a moratorium placement. Strand commented that he thinks the problem lies with the public’s aesthetic perception of shipping containers. Carlson asked if he understood what the Committee wants is 8 months absolute moratorium. Pocernich respectfully disagrees and thinks there should be a temporary permit option subject to whatever standards are placed at the end of the moratorium. Pocernich asked if shipping containers would be able to be used as residences and mentioned the 2 listed uses of shipping containers and shipping container/storage container facility. Hulstrom clarified the usage standards. Ray was under a different understanding and interpreted the use as a storage facility made from shipping containers. Hulstrom clarified the understanding of the Department was that the shipping container/storage container facility was a location where shipping containers are held temporarily. Pocernich stated he thinks interpretation vs clear definition of usage is important to be addressed. Ray stated that he thinks a temporary permit option is acceptable during the moratorium. Silbert thinks that if a temporary permit is allowed during the moratorium that it be limited to one shipping container. Carlson stated that there are several issues that need to be addressed in crafting the language. There was a comment from the audience but was not heard due to there being no microphone and they weren’t recognized by the Committee and allowed to speak. Silbert moved to suspend the rules and allow for public input. Ray seconded. Pocernich added that it is limited to the storage container discussion only. Motion carried. 5-0 Audience member spoke but spoke from their seat and wasn’t heard. Rondeau closed public comment. Silbert motioned to place a moratorium on shipping containers for a period of 8 months during which the Department and Corp Counsel will develop parameters & develop standards for permitting shipping containers and allow a temporary placement permit of one shipping container per parcel. Strand seconded. Motion carried. 5-0 F. Discussion regarding Sec. 13-1-26, non-shoreland substandard lots of record Hulstrom stated the Department was asked to review 13-1-26 non-shoreland substandard lots of record and the issue of updating language to allow more people to build. The Ordinance language has existed for the entirety of the life of the Ordinance. A non-shoreland substandard lot or contiguous lots of record which is or are served by a public sanitary sewer and which is or are at least 7500 sq. ft. in Page 7 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 area and 50 ft. in width at the building line. Hulstrom also stated that a building permit for the improvement of a lot having lesser dimensions than those described in the Ordinance, shall be issued only after the granting of a variance by the Board of Adjustment. Hulstrom stated she asked for Corp Counsel guidance in this matter and what can be done. Carlson stated that if there were contiguous lots we can’t require the property owner to join them to meet the requirements to build. Ray asked why. Carlson replied that the Supreme Court says no they are to be considered stand alone are only required to meet property line setbacks. Carlson also stated that he needs to look at the language to see what areas need updating. Pocernich moved to suspend the rules and allow for public input. Silbert seconded. Motion carried. 5-0 Mike Furtak spoke and summarized the situation that caused the Ordinance to be questioned. A permit was issued to a person for a 30 x 80 pole building on an adjoining property the person purchased in 2020 to his residence where he has a Special Use Permit for a home-based business. Covid hit and he scrapped the project. In 2023 the person applied for the same permit he was issued in 2020, only a smaller building, and was told he needed to apply for a Variance from the BOA at a cost of $800. Furtak stated he got to looking at all the properties in the Iron River area that was served by the Sanitary District and the majority fall under the definition of a substandard lot of record and therefore unbuildable. Furtak stated he called Douglas & Sawyer Counties, and they have no size requirements for lots if they can meet setbacks for the structure. Furtak stated it makes sense if the property owner can meet setbacks, they should be able to build, especially in a time of housing shortages. Furtak passed out an example of a survey done back in the day when things were done approximately. Silbert asked if what is asked to build plays into the requirement of a Variance. Carlson stated no, it’s outdated Ordinance language and an option would be to eliminate the 50’ minimum width. Furtak mentioned that the thing to think about is the idea that these lots already have houses on them and when someone can’t tear down their house and build a new one, while abiding by setbacks, there is a problem. Ray stated he supports the idea of updating the language to fit the needs of the public. Carlson advised that the requirement of being in the Sanitary District be included in the language update to be able to have a buildable substandard lot of record and strike all the rest of the language. Strand concurs with all the discussion taking place on this subject. Strand stated he would like to see this come back as an action item soon. Carlson stated the Committee will have it to them next month along with the moratorium. Silbert asked Furtak to explain a statement he made about applying for a Variance being a long drawn out & expensive process. Furtak described the process as taking months, assuming you meet deadlines for submission and mailings. Furtak also stated that these are $800 bucks a crack and the public shouldn’t have to be subject to an unjust requirement when it can be simply & justly updated. Hulstrom noted that she doesn’t believe that the June meeting deadline for publishing can be met so the Committee should anticipate receiving the Ordinance updates by the July meeting. Rondeau closed public comment. G. Committee Members discussion(s) regarding matters of the P & Z Dept. Page 8 of 8 Planning and Zoning Committee Public Hearing and Meeting – May 18, 2023 Hulstrom stated that the Department has worked through all the backlog of meeting documents. Also, the permit review & issuance process is taking about 3 to 4 weeks. Hulstrom asked if the Committee had any thoughts about offering a virtual option for the meetings. Rondeau stated he thinks it should be in person and Pocernich thinks virtual is fine. Strand, Ray & Silbert think virtual should be available. Hulstrom stated she knows everyone is tired of talking about boathouses but would like to update the Committee on what she has learned by reaching out to other Counties and learning about their definitions and language for permitting. The Committee is interested in learning what the Dept learned. Strand asked the status of the Department acquiring additional staff and Hulstrom replied there is an offer to a potential candidate, and we are waiting to hear back from them. Pocernich asked the status of bunkhouses and ADU’s. Hulstrom replied the Department hasn’t had an opportunity to do the necessary research to provide the Committee with recommendations related to bunkhouses/ADU’s due to other priorities needing to be addressed, but it has not fallen by the wayside and the Department continues to look into the matter as time permits. 12. Monthly Report/ Budget and Revenue Hulstrom stated the Committee should have received the monthly report for April 2023 in their packet in Dropbox. Ray motioned to receive and place on file the monthly report for April 2023. Pocernich seconded. No further discussion. Motion carried. 5-0 13. Adjournment Rondeau called adjournment at 5:33 pm. Prepared by FIG on 5/26/2023; given to RH 5/30/2023 Approved by RH on 5/31/2023 Sent to PZC on 5/31/2023 Final Approval on 6/15/2023 cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web k/zc/minutes/2023/May