HomeMy WebLinkAboutPlanning & Zoning Committee - Minutes - 12/21/2023
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ZC Planning and Zoning Public Hearing and Meeting – December 21, 2023
MINUTES
BAYFIELD COUNTY PLANNING AND ZONING COMMITTEE
PUBLIC HEARING AND PUBLIC MEETING
DECEMBER 21, 2023
1. Call to Order of Public Hearing: Chairman Rondeau called the public hearing
to order at 4 pm.
2. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand – All present.
Others present: Director-Ruth Hulstrom, Franki Gross-Secretary, Marty
Milanowski-District 10 Supervisor, Mark Abeles-Allison-Bayfield County
Administrator, and John Carlson-Corp Counsel.
3. Affidavit of Publication: Hulstrom showed the audience the affidavit of
publication and the certified mailing receipts. Hulstrom stated the publish dates
were December 5th & 12th, 2023.
4. Public Comment:
Esme Martinson spoke expressing concerns about the regulations, and the lack
of clarity of those regulations, regarding cell towers and similar infrastructure.
Martinson stated she understands that many of these towers are critical
infrastructure and there's a need for them but has concerns about inappropriate
placement. Martinson asked the Committee to consider cell towers be required to
go through the Conditional Use Permit process each time a new tower is to be
constructed because this would allow us as a community to consider the location
compared to the nature of a particular neighborhood, the adjacent land uses,
property types, and to ensure that the tower placement doesn't harm families,
property values, or the environment. Martinson asked for time’s sake if persons in
the audience would stand to be counted as supporters of her comments to the
Committee. 13 people stood.
Jeff Rennicke spoke as a representative of the Friends of the Apostle Islands
National Lakeshore, who are in favor of anything that can be done for the increased
safety of our visitors to the area. Rennicke commented that those visitors also
come here for a quality experience, not to see hillsides bristled with cell towers and
blinking lights, blotting out the milky way and the northern lights. Therefore, stated
Rennicke, Friends of the Apostle Islands National Lakeshore urges the committee
to require a comprehensive use permit planning system so that this process is
done correctly.
Charles Finn, Chairperson for the Town of Bayfield Plan Commission, spoke and
expressed support for cell towers and stated the Towns do want to see local input
into the process, and to that point we support the Town of Bayfield Plan
Commission staff’s recommendation to the Committee that a Conditional Use
Permitting process be enacted across all types of zoning regarding cell towers.
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ZC Planning and Zoning Public Hearing and Meeting – December 21, 2023
Finn said from a personal perspective he would like to express support for the
Conditional Use Permit process and that placement of these towers should be
done in a wise and thoughtful manner.
Tessa Levens expressed support for the CUP process for cell towers and supports
the planning process from Bayfield County as a whole. Levens gave Gross a
handout for the Committee and the record.
5. Review of Meeting Format – Chairman Rondeau explained the procedure of the
meeting. He asked everyone who wished to speak to fill out a form; and stated
they will be asked to come forward and speak into the microphone.
6. Public Hearing:
A. Randall J Daigle (Barksdale) requests a conditional use permit (in
shoreland zone) to operate Curio & Souvenir and Specialty Store
consisting of : (1) existing garage (48’x32’) for thrift/antique store and
some outdoor storage in Agricultural-1 zone. Property is a 29.85–acre
parcel (Tax ID# 177); described as NW ¼ SE ¼ less parcels in Doc.#
413090 V. 615 P. 331 and Doc.# 415426 V. 624 P. 271, Section 14,
Township 48 North, Range 5 West, Town of Barksdale, Bayfield County,
WI.
Randall Daigle spoke on behalf of the request and stated his intention is to
operate the same type of store that he originally operated before, on a part
time basis to liquidate the remaining stock of what he had before he moved
locations. Strand asked what the intended hours of operation were. Daigle
replied Wednesday through Saturday or Sunday, 9AM to 5PM.
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.
Ruth Oppedahl spoke and expressed her concerns regarding various
safety issues. Oppedahl sent in an email which was added to the
Committee’s documents packet prior to the meeting.
George Wilson voiced his concern over the Daigle request. Wilson’s
concern is with the idea of outside storage and there being 29 acres to store
items on and it becoming a nuisance and an eyesore.
Discussion ended.
7. Adjournment of Public Hearing:
Pocernich made a motion to adjourn the public hearing, Strand seconded.
Motion carried, 5-0. Adjourned at 4:20 pm.
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ZC Planning and Zoning Public Hearing and Meeting – December 21, 2023
8. Call to Order of Planning and Zoning Committee Meeting: Rondeau called the
meeting to order at 4:21 pm.
9. Roll Call: Pocernich, Ray, Rondeau, Silbert, and Strand - All present.
Other’s present: Director-Ruth Hulstrom, Franki Gross-Secretary, Marty
Milanowski- District 10 Supervisor, Mark Abeles-Allison-Bayfield County
Administrator, and John Carlson-Corp Counsel.
10. New Business
A. Randall J Daigle (Barksdale) requests a conditional use permit (in
shoreland) to operate Curio & Souvenir and Specialty Store consisting
of : (1) existing garage (48’x32’) for thrift/antique store and some outdoor
storage in Agricultural-1 zone. Property is a 29.85–acre parcel (Tax ID#
177); described as NW ¼ SE ¼ less parcels in Doc.# 413090 V. 615 P. 331
and Doc.# 415426 V. 624 P. 271, Section 14, Township 48 North, Range 5
West, Town of Barksdale, Bayfield County, WI.
File Report: Hulstrom gave the Committee a summary of the applicant’s
request to have a curio, souvenir, and specialty store to liquidate acquired
inventory. Hulstrom stated the Department is aware of several concerns
raised by the community regarding the impact of the proposed project,
mainly traffic, on-site parking, outdoor storage, and signage. Rondeau
asked what the Town recommended. Hulstrom replied the Town
recommended approval but that the request was addressed by the Town
prior to the public notices being sent out. However, the TBA that was sent
out to the Town with the public notice was never received by the
Department.
Strand moved to approve the Conditional Use Permit for a Curio &
Souvenir and Specialty Store on Tax ID parcel number 177 based on town
board recommendation, economic impact, community welfare, and relevant
public input with the following conditions: No outdoor storage or display of
sale items; A site plan be submitted to the Zoning Department showing the
parking area and the number of parking spots not to exceed maximum
occupancy per fire code; the permit expires upon change of land ownership;
and days and hours of operation are limited to 9:00 AM to 6:00 PM
Wednesday through Saturday. Seconded by Silbert. Ray asked if the CUP
inherently transferred with the land if sold and Hulstrom confirmed that it
does without conditions stating otherwise. Pocernich raised some
concerns about the restrictive nature of the motion but supports the overall
idea in the language. Ray stated he also supports the language in the
motion. Motion carried, 5-0.
11. Other Business
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ZC Planning and Zoning Public Hearing and Meeting – December 21, 2023
B. Discussion and Possible Action regarding first draft of Artesian Well
Ordinance:
Mark Abeles-Allison informed the committee that in 2022 Bayfield County
applied for a DNR Surface Water Protection Grant and the County received
some funds for an artesian well inventory as well as potential ordinance
development. The inventory is complete, stated Abeles-Allison, and the
County is now looking at the ordinance portion that is still in development.
The County is working closely with Corp Counsel and has identified four
areas that need attention: protection; erosion; contamination; and
maintaining water resources within the watershed. Abeles-Allison stated
at the next P & Z Meeting a draft ordinance should be presented if possible.
C. Discussion and Possible Action regarding ordinance amendments to
Sec. 13-1-43 Mobile Tower Regulations and Sec. 13-1-62 Classification
List – Telecommunications Tower:
Corp Counsel John Carlson informed the committee that the Zoning
Department wants to make a Conditional Use Permit required in all zoning
districts. Cell towers cannot be prohibited in any zoning district because that
is counter to the statute, but a Conditional Use Permit certainly could be
required, stated Carlson. Much discussion was had regarding the
differences between cell towers and fixed wireless broadband towers, which
are subject to the Broadband Forward Ordinance, and the permitting
requirements for both types of towers. Hulstrom stated that the Ordinance
needs to be clear what the process is because there's a conflict in two
sections of code, the classification list versus the regulations pertaining to
mobile tower placement. Strand stated given the state law regarding the
location of transmission towers, but also to assure public notice and public
and local unit of government input he would prefer that the Department
require Conditional Use Permits for all telecommunication towers except for
fixed wireless broadband towers unless there is colocation, which would be
included in requiring a CUP. Silbert agrees with Strand’s statement. More
discussion was had on current standards and options that the Committee
has with permitting cell towers in all zoning districts and townships.
Rondeau asked if a motion was needed. Hulstrom indicated that the
Department was just looking for direction and would bring an official
ordinance amendment back to the Committee. Hulstrom stated the
directive as she understood it was that the Committee supports requiring a
Conditional Use Permit in all zoning districts and adding a definition for
broadband. No Committee members responded to the contrary.
D. Discussion and Possible Action regarding RFP for County UDC
inspector:
Hulstrom informed the committee that the Department is looking to put an
RFP out for a new UDC inspector so that the county is ensuring competitive
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ZC Planning and Zoning Public Hearing and Meeting – December 21, 2023
pricing and services related to UDC enforcement. Currently the Department
uses Alder Engineering Corp, but there isn’t a signed contract with this
particular entity. Discussion occurred around the pros and cons of the
County hiring an in house or contracting a UDC inspector and the process
of doing so. After more discussion Ray stated he could support putting out
an RFP. Pocernich stated he does not support having a UDC Inspector in
house.
Pocernich moved to put out an RFP for contracting with a UDC
inspector. Seconded by Ray. Discussion occurred and Pocernich
motioned to call for the motion. Seconded by Ray. Motion failed 1-4 More
discussion occurred. Pocernich called for a vote on the motion on the floor
seconded by Ray. Motion carried, 5-0
E. Minutes of Previous Meeting:
Strand moved to approve the Minutes as presented of the November
16, 2023 meeting. Seconded by Silbert. Motion carried, 5-0
F. Committee Members discussion(s) regarding matters of the P & Z
Dept.:
File Report: Nothing discussed.
12. Monthly Report
Hulstrom stated the Monthly Report had not been assembled by the time the
Meeting started and will be presented in January of 2024 at the next scheduled
meeting.
13. Adjournment
Rondeau called adjournment at 5:15 pm.
Prepared by FIG & REH on 1/12/24
Sent to PZC on 1/12/2024
Uploaded to Drop Box on 1/12/2024
Final Approval on 1/18/2024
cc: (after final approval)- (8) Supervisors, Cty Admin, Clerk, DNR, Web
k/zc/minutes/2023/#12Dec