DOUGLAS COUNTY PLANNING & ZONING COMMITTEE PUBLIC HEARING AND REGULAR MEETING Wednesday, December 12, 2018 Public Hearing 9:00 a.m.; Regular Meeting to Follow Government Center Board Room, 1316 North 14 th Street, Superior, Wisconsin November 26, 2018 Please call the Chair or Zoning Office (715-395-1380) if you are unable to attend. MEMBERS: Mary Lou Bergman, Chair Patricia Ryan, Vice Chair Jim Borgeson Charlie Glazman Nick Baker A G E N D A (Committee to maintain a two-hour meeting limit or take action to continue meeting beyond that time.) 1. Roll call. 2. Approval of minutes of the November 6, 2018, meeting (attached). 3. Suspend regular meeting; adjourn to public hearing. 4. Public Hearing (applications attached): a) Amendments to the Douglas County Zoning Ordinance 8.0: 1) Petition No. 18-11: Michael and Kathy Hughes; and 2) Petition No. 18-14: Tracey and Mary Murray. b) Appeals to the Subdivision Ordinance: 1) Tracey and Mary Murray; and 2) Lori Gallian, et al. c) Conditional-use permits: 1) Michael and Kathy Hughes; and 2) David and Dawn Evans/Dave Evans Transports, Inc. d) Recap of zone change recommendations to the County Board. 5. Resume agenda. 6. Reports: a) Planning and Zoning/Board of Adjustment; b) Rural Housing Authority; c) Land Conservation; d) Surveyor; e) Land Records; f) Real Property Lister; and g) Register of Deeds retained fees account. 7. Informational items: a) Review of Conditional-Use Permit #25237 approved December 13, 2017, for Virginia Metzdorf (owner) / Les Chandler (operator) for a home occupation (boat livery/storage, firewood sales and used dock sales) located in the SW1/4-NE1/4, Section 2, T43N-R11W, Town of Wascott; b) UW Extension Local Land Use, Planning & Zoning teleconference series (attached); c) Agricultural zoning district categories; and d) Potential state regulations regarding local control. 8. Future agenda items. 9. Adjournment. cc: County Board Supervisors Other interested parties NOTE: Attachments to agenda are available in County Clerk s Office for review or copying. Action may be taken on any item listed on the agenda. The County of Douglas complies with the Americans with Disabilities Act of 1990. If you are in need of an accommodation to participate in the public meeting process, please contact the Douglas County Clerk s Office at (715) 395-1341 by 4:00 p.m. on the day prior to the scheduled meeting. Douglas County will attempt to accommodate any request, depending on the amount of notice we receive. Posted: Courthouse, Government Center, Telegram _ 11/26/18 Name Date
DOUGLAS COUNTY PLANNING & ZONING COMMITTEE PUBLIC HEARING AND REGULAR MEETING Tuesday, November 6, 2018 Public Hearing 9:00 a.m.; Regular Meeting to Follow Government Center Board Room, 1316 North 14 th Street, Superior, Wisconsin Meeting called to order by Chair Mary Lou Bergman. ROLL CALL: Present Patricia Ryan, Jim Borgeson, Charlie Glazman, Nick Baker, Mary Lou Bergman. Others present Sue Radzak, Keith Wiley, Zach DeVoe, Matt Johnson, Christine Ostern, Randy Jones, Ray Hanson, Neal K. Hessen, Jay Petite, Scott Petite, Maxine Petite, Mary Brill, T.J. TePoel, Mike Ohara, Bob Albrigjt, Pete Fornengo, David Beck, John Mattson, Cade Musch, Roger LeTourneau, Mark Liebaert, Ann Doucette, Dan Corbin, Al Horvath, Gerald Petite, Pam Tafelski (Committee Clerk). APPROVAL OF MINUTES: Motion by Baker, second Ryan, to approve October 10, 2018, meeting minutes. Motion carried. PUBLIC HEARING (APPLICATIONS ATTACHED): Ordinance #8.17 Moratorium on the Importation and Raising of Cervids in Douglas County. History and intent of moratorium reviewed. It allows Douglas County to establish a committee to research issues for one year and submit recommendation to Zoning Committee. ACTION (ORDINANCE): Motion byryan, second Baker, to approve Ordinance #8.17. Jay Pettite, Pete Fornengo, Mary Brill, and Allan Horvath spoke in support of the moratorium. Cabe Musch and Ray Hanson, deer farmers, spoke in opposition to the moratorium, submitting it will be detrimental to deer farms and preserves. Liebaert stated appointees will include individuals from both sides of the issue, County Board members, and professionals knowledgeable on CWD. Motion to approve ordinance and forward to County Board carried unanimously. Amendments to the Douglas County Zoning Ordinance 8.0: Petition No. 18-10: Neal & Kathleen Hessen, et al, Port Charlotte, FL Pt N1/2-SW1/4-NE1/4 (lying west of the Brule River), Section 3, T46N-R10W; (7544S Castle Road; HI-016-00673- 00), Town of Highland from the F-1: Forestry zoning district to the RR-1: Residential- Recreation zoning district, (proposed use: residential), filed October 2, 2018 in the County Clerk s Office. Applcant s son present; town approval received. Map indicated portion of the property to be donated to Brule River Conservancy. ACTION (ORDINANCE): Motion by Ryan, second Baker, to approve application and forward to County Board. Motion carried unanimously. Petition No. 18-11: Michael & Kathy Hughes, Gordon, WI Lots 26, 27 & 28, Eagle Heights, Section 17, T43N-R12W; (7794E Eagle Heights Road; WA-032-02289-00; 02289-12), Town of Wascott from the F-1: Forestry zoning district to the R-2: Residential zoning district, (proposed use: hobby farm), filed October 8, 2018 in the County Clerk s Office. Douglas County Planning & Zoning Committee November 6, 2018 Page 1 of 4
Applicant present; Town of Wascott meeting November 13 th ; town planning commission recommends denial due to spot zoning. Applicant encouraged to attend November 13 th meeting. ACTION (REFERRAL): Motion Baker, second Glazman, to refer application to December meeting after Town of Wascott makes a decision. Motion carried. Petition No. 18-12: Michael Booker, South Range, WI Pt SW1/4-SE1/4, Section 9, T47N- R12W; (8247E Middle River Road; AM-002-00308-01), Town of Amnicon from the F-1: Forestry zoning district to the A-1: Agricultural zoning district, (proposed use: farm animals), filed October 8, 2018 in the County Clerk s Office. Applicant not present; Town of Amnicon approved; no zoning concerns. ACTION (ORDINANCE): Motion by Baker, second Borgeson, to approve application and forward to County Board. Motion carried unanimously. Petition No. 18-13: DL Skiing LLC / Lawrence Pulkrabek, Superior, WI Pt Gov t Lot 3 - Lot 1, CSM #1154, Vol 8, Pgs 203-4 & Gov t Lot 9 in Sections 7 & 8 and Pt N1/2-W1/2-NW1/4- SW1/4 (N-295.16 of W-295.16 ) in Section 8, T48N-R15W; (Old Hwy 23 & Mont Du Lac Road; TS-030-01896-00; 01912-01), Town of Superior from the R-2: Residential and RR-1: Residential-Recreation zoning districts to the C-1: Commercial zoning district, (proposed use: campground), filed October 10, 2018 in the County Clerk s Office. Applicant present; Town of Superior meets November 14 th ; approved by planning commission. ACTION (ORDINANCE): Motion by Ryan, second Baker, to approve application pending Town of Superior approval and forward to County Board. Motion carried unanimously. Conditional-Use Permits: Michael & Kathy Hughes, Gordon, WI hobby farm (goats (6), chickens (20), quail (50) & ducks (6)) Lots 26, 27 & 28, Eagle Heights, Section 17, T43N-R12W; (7794E Eagle Heights Road; WA-032-02289-00; 02289-12), Town of Wascott. Applicants present; Town of Wascott meeting November 13 th. ACTION: Motion by Glazman, second Baker, to hold for Town of Wascott decision. Motion carried. DL Skiing LLC / Lawrence Pulkrabek, Superior, WI campground - Pt Gov t Lot 3 - Lot 1, CSM #1154, Vol 8, Pgs 203-4 & Gov t Lot 9 in Sections 7 & 8 and Pt N1/2-W1/2-NW1/4-SW1/4, (N-295.16 of W-295.16 ) in Section 8, T48N-R15W; (Old Hwy 23 & Mont Du Lac Road; TS- 030-01896-00; 01912-01), Town of Superior. Michael Ohara, general manager, explained area for camping is part of expanded business plan; Barr Engineering plan provided. Hours and noise level discussed; 10 p.m. quiet time agreed upon with Town of Superior. Applicant advised to contact Douglas County Health Department and incorporate any requirements into plan. Douglas County Planning & Zoning Committee November 6, 2018 Page 2 of 4
ACTION: Motion by Ryan, second Baker, to approve application pending Town of Superior approval, and incorporating any conditions from the town into the plan. Motion carried. Eric Pensky, Gordon, WI change use of dwelling from seasonal to year-round Pt NW1/4- NW1/4 & Pt SW1/4-NW1/4, Lot 2 of Douglas County Plat of Cranberry Cove, Section 30, T43N-R12W; (16187S Secluded Ln; WA-032-02538-00), Town of Wascott. Applicant not present; no zoning concerns. ACTION: Motion by Glazman, second Borgeson, to approve application. Motion carried. Ryan James, et al, Superior, WI accessory building NW1/4-SE1/4, Section 24, T48N- R12W; (Moonshine Road; AM-002-00561-00), Town of Amnicon. Applicant Ryan James present; town approval received. Zoning indicated driveway not accessible for emergency vehicles. Liebaert opined it is unlikely Town of Amnicon fire department will sign-off on driveway issue. DNR has no concerns with wetlands unless driveway improvements made. Committee concerned with county liability if emergency vehicles needed and driveway inaccessible. Zoning has no concerns as long as it remains accessory building; county should have no liability. Asked to define hunting shack, applicant assured committee it is not for habitation, but warming / hunting stand primarily during hunting season. ACTION: Motion by Baker, second Ryan, to approve application with condition the permit include stipulation that if driveway improvements made affecting subject wetlands, applicant must get DNR permits. Motion carried. John Mattson, Lake Nebagamon, WI year-round dwelling Pt Gov t Lot 3, Section 33, T45N-R10W; (11726S Sunset Blvd; HI-016-00591-00), Town of Highland. Applicant is present; Town of Highland meets November 13; no zoning concerns. ACTION: Motion by Baker, second Glazman, to approve application pending Town of Highland approval. Motion carried. Katherine Bates, et al, Superior, WI change use of dwelling from seasonal to year-round Lot 1, Pt Lot 2 and vac d 20 ft of lane, Sunnyside 2 nd Addition to Dowling Lake, Section 7, T46N-R13W; (4968E Tri Lakes Road; OA-022-01054-00), Town of Oakland. Applicant not present; no zoning concerns. ACTION: Motion by Ryan, second Baker, to approve application. Motion carried. Recap of Zone Change Recommendations to the County Board: 3 zone changes;1 referred to next meeting. DEPARTMENT REPORTS: Planning and Zoning/Board of Adjustment: Permits for the year up YTD 2017. Board of Adjustment meeting November 28. Rural Housing Authority; Nothing to report. Land Douglas County Planning & Zoning Committee November 6, 2018 Page 3 of 4
Conservation: Ostern announced she has taken position with Minnesota DNR. Water testing program had 64 well testings; public meeting with state groundwater specialist to report on county s groundwater conditions is November 14. NW Wisconsin Land and Water tour reviewed; Lake Minnesuing project near completion. Land Conservation meets next week. Committee thanked Ostern for her contributions over the years. Surveyor: Working on remonumentations project. Land Records: 2019 grant application in progress; Ostern s position to be posted. 2018 Plat Book completed. Real Property Lister: State is processing reports. Register of Deeds retained fees account. No report submitted. ACTION ITEM/REFERRAL: Street Vacation Resolution: Private Drive Running North and South Giving Access to Lots 4 and 5 of Long s Addition to Solon Spring. Plat review recommends approval. ACTION (RESOLUTION): Motion by Baker, second Ryan, to approve street vacation as presented and forward to County Board. Motion carried unanimously. INFORMATIONAL ITEMS: Review of Conditional-Use Permit #25228 Approved November 8, 2017 for Eric Urness Car Sales Establishment 7597S Cty Rd A, Town of Summit. Condition of approval included one year review to verify dealer license obtained; no license yet. Urness present; explained why license not done; just doing auto repair now; would like extension to get license. ACTION: Motion by Ryan, second Baker, to extend the permit for one year and if condition not met, permit will expire and not come back to committee. Motion carried. Review of Conditional-Use Permit #25257 Approved November 8, 2017 for Antoine & Tonia Dalbec Hobby Farm 11997E Cemetery Rd, Town of Maple: Originally approved for horses but no indication of horses. Citation issued to remove mobile home; not done yet. Permit automatically expires. Zoning will notify in writing. Annual Review of Conditional-Use Permit #23968 Approved November 9, 2011 for Dairyland Outdoor Veterans Retreat 1465E Town Road TT, Town of Dairyland: Resort/campground moving forward; septic installed. All necessary permits have been granted. Zoning has observed no concerns and will apprise committee if any issues arise. FUTURE AGENDA ITEMS: Review zoning agriculture categories for potential of A1 and A2 and what each allows. Review potential state regulations regarding local control. ADJOURNMENT: Motion by Glazman, second Borgeson, to adjourn. Motion carried. Adjourned 10:38 a.m. Submitted by, Pamela A. Tafelski Committee Clerk Douglas County Planning & Zoning Committee November 6, 2018 Page 4 of 4
Public Notice Douglas County Planning & Zoning Committee A Public Hearing will be held by the Douglas County Planning & Zoning Committee at 9:00 a.m. on Wednesday, December 12, 2018 in the Government Center Board Room, Second Floor, 1316 North 14 th Street, Superior, Wisconsin to hear the following: a) Amendments to the Douglas County Zoning Ordinance 8.0: 1) Petition No. 18-11: Michael & Kathy Hughes, Gordon, WI - held from the November 6, 2018 hearing - Lots 26, 27 & 28, Eagle Heights, Section 17, T43N-R12W; (7794E Eagle Heights Road; WA-032-02289-00; 02289-12), Town of Wascott from the F-1: Forestry zoning district to the R- 2: Residential zoning district, (proposed use: hobby farm), filed October 8, 2018 in the County Clerk s Office. 2) Petition No. 18-14: Tracey & Mary Murray, Superior, WI Pt SE1/4-SW1/4, (balance of proposed 1.19 acre lot), Section 24, T47N-R14W; (6383S County Road A; TS-030-00598-01), Town of Superior from the A-1: Agricultural zoning district to the C-1: Commercial zoning district, (proposed use: existing convenience store), filed November 15, 2018 in the County Clerk s Office. b) Appeals to the Subdivision Ordinance: 1) Tracey & Mary Murray, Superior, WI create a parcel that exceeds the 3:1 length- to-width ratio Pt SE1/4-SW1/4, (proposed certified survey map), Section 24, T47N-R14W; (6383S County Road A; TS-030-00598-01), Town of Superior. 2) Lori Gallian, et al, Superior, WI create two parcels, both parcels exceeding the 3:1 length-towidth ratio and one parcel that does not meet the minimum width required Pt NE1/4-NE1/4, Section 26, T48N-R14W; (4364E Valley Brook Road; TS-030-01614-01; 01615-00), Town of Superior. c) Conditional-Use Permits: 1) Michael & Kathy Hughes, Gordon, WI - held from the November 6, 2018 hearing - hobby farm (goats (6), chickens (20), quail (50) & ducks (6)) Lots 26, 27 & 28, Eagle Heights, Section 17, T43N-R12W; (7794E Eagle Heights Road; WA-032-02289-00; 02289-12), Town of Wascott. 2) David & Dawn Evans/ Dave Evans Transports, Inc., Superior, WI transportation terminals Pt SW1/4-SE1/4, Section 11, T48N-R13W; (6611E & 6615E State Hwy 13; PA-024000221-00; 00221-01), Town of Parkland. Keith Wiley, Assistant Zoning Administrator Mary Lou Bergman, Chair If you have any comments on these items, let the Planning & Zoning Office know in writing prior to the meeting, or appear at the Public Hearing. Planning & Zoning Office, 1313 Belknap St., Rm. 206, Superior, WI 54880 (715-395-1380). Action may be taken on any item listed on the public hearing. In accordance with WI Statutes 59.69 (5)(a), attachments to public hearing notice and maps of subject properties are available for review in the Planning & Zoning Office, or at www.douglascountywi.org. The County of Douglas complies with the Americans with Disabilities Act of 1990. If you are in need of accommodation to participate in the public meeting process, please contact the Douglas County Clerk s Office at (715) 395-1341 by 4:00 p.m. on the day prior to the scheduled meeting. Douglas County will attempt to accommodate any request depending on the amount of notice we receive. TDD (715) 395-7521. ST November 23 & 30, 2018