1. Call Meeting To Order
Chair Dennis Kussmann called the meeting to order at 9:02 a.m.
2. Roll Call
Shoreland Zoning Advisory Committee Members Present: Kay Ellis (Chain O’Lakes Property Owners Association), Richard Mann (Lake Leader Representative), TJ Tooley (Pigeon Lake), Bob Van Epps (Lake Leader Representative/Weyauwega Lake), Dennis Kussmann (County Board/Planning & Zoning Committee), John Penney (County Board/Planning & Zoning Committee), Bob Ellis (County Board/Planning & Zoning Committee), David Johnson (County Board/Board of Adjustment/Waupaca River), John Skyrms (Old Taylor Lake Association), Bob Underberg (Chain O’Lakes Property Owners Association), James Loughrin (County Board/Board of Adjustment), Terry Murphy (Iola Lake District/County Board/Planning & Zoning Committee), G. Robert Flease (County Board/Wolf River), Dennis Timm (Landscaper/Waupaca River), Patricia Craig (County Board/Board of Adjustment/South Branch of the Little Wolf River), Kent Gibbs (Stratton Lake Association President), Tom O’Day (Waupaca & Wolf River), Caroline Murphy (Town of Farmington) and Bob Olson (Waupaca River).
Shoreland Zoning Advisory Committee Members Excused: Chris Klein (Little Hope Millpond/Town of Dayton), Joe Udoni (Realtor) and Terry Martin (Architect).
Staff Present: Ryan Brown, Jean Gliniecki, Jeff Henneman and Jason Snyder.
3. Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public. Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”
4. Approve Agenda As Presented
Patricia Craig motioned to approve the agenda as presented. The motion was seconded by TJ Tooley. Motion carried unanimously.
5. Approve and Sign Minutes from the June 26, 2013 meeting.
TJ Tooley motioned to approve the minutes in Sec. 5.58 to change “access and viewing” to “viewing and access” as amended below. The motion was seconded by Bob Underberg. The motion was carried.
5.58 View and Access Corridor(s)
Establishment
of a single view and access corridor(s) on each lot containing a principal
structure by selective pruning and removal of trees and shrubbery
may be created by tThe
removal of trees and shrubs and selective pruning in the vegetation
protection area to create a single viewing and access corridors,
provided that the combined width of all the access and viewing viewing
and access corridor(s) on a riparian lot or parcel may not exceed the
lesser of 30 percent of the shoreline frontage or 200 100 feet.
Sufficient trees and shrubbery shall be retained to screen development from
view from the water. Clear cutting, filling,
grading and other land disturbing activities are not permitted on trout streams
listed in the most current Wisconsin Department of Natural Resources
Publication Wisconsin Trout Streams.
6. Public Comment. There was no public comment.
A presentation was given by Jason Snyder and Jeff Henneman to explain to the group why Shoreland Zoning is important.
1. Public trust doctrine.
2. Water quality.
3. Property values.
4. Increase in impervious surface affects water quality.
5. Controlling water runoff.
6. Why mitigation is important to water quality.
7. Proposal of mitigation standards for exceeding impervious surface limits
7. The Committee continued their review of the proposed amendments to the Waupaca County Shoreland Zoning Ordinance. The Committee started with Section 6.2 –
Bob Underberg motion to approve Sec. 6.2, 6.21 and 6.22 as is. The motion was seconded by Bob Flease.
The Committee discussed doing one section at a time.
Bob Underberg withdrew his motion and Bob Flease withdrew his second.
6.2 IMPERVIOUS SURFACE STANDARDS.
Impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface within 300 feet of the ordinary high-water mark of any navigable waterway, and shall require all of the following:
Bob Underberg motioned to approve Sec. 6.2. The motion was seconded by Richard Mann. The motion was carried with a 16-1 vote.
6.21 CALCULATION OF IMPERVIOUS SURFACE. (NR
115.05(1)(e)1.) Percentage of impervious surface shall be calculated by
dividing the surface area of existing and proposed impervious surfaces on the
portion of a lot or parcel that is within 300 feet of the ordinary high-water
mark by the total surface area of that portion of the lot or parcel that is
within 300 feet of the ordinary high-water mark, and multiplied by 100.
TJ Tooley motioned to approve Sec. 6.21. The motion was seconded by Bob Underberg. The motion was carried 17-0.
6.22 IMPERVIOUS SURFACE STANDARD.
1) At least 85 percent of each
shoreland lot, as calculated in Section 6.21, shall be maintained in vegetative
cover inclusive of including standard landscape practices such as
mulch treatments but excluding areas covered by structures such as decks and
similar structures.
2) A permit can be issued for
development of less than 85 percent vegetative cover, but not less than 70
percent vegetative cover, as calculated in Section 6.21, provided that a
mitigation plan, consistent with Section 8.34 6.25, is approved
by the Planning and Zoning Director prior to issuance of a zoning permit. This
plan shall include a compliance schedule and shall be recorded with the deed of
the property.
TJ Tooley motioned to approve Sec. 6.22 with the above changes. The motion was seconded by Tom O’Day. The motion was carried.
6.23 EXISTING IMPERVIOUS SURFACES. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in section 6.22(1) or the maximum impervious surface standard in section 6.22(2), the property owner may do any of the following:
(1) maintain and repair the existing impervious surfaces;
(2) replace existing impervious surfaces with similar
surfaces within the existing building envelope;
Tom O’Day motioned to approve Sec. 6.23 (1) & (2) with the above change. The motion was seconded by TJ Tooley. The motion was carried.
(3) relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of the County Shoreland Ordinance, and the impervious surface meets the applicable setback requirements in Section 7.
Other than capitalizing “County Shoreland Ordinance” as requested by Kay Ellis, Caroline Murphy motioned to approve Sec. 6.23 (3) as is. The motion was seconded by Bob Underberg. The motion was carried.
6.24 This section of the ordinance shall not be construed to supersede other provisions in the County Shoreland Ordinance. Maintenance, reconstruction, relocation and expansion of existing structures must comply with other provisions in the County Shoreland Ordinance, the shoreland setback standards in section 7 and the nonconforming structure provisions of section 8.
Caroline Murphy motioned to approve Sec. 6.24. The motion was seconded by TJ Tooley. The motion was carried.
Bob Underberg motioned to have staff correct all grammatical errors in the ordinance. The motion was seconded by Terry Murphy. The motion was carried.
The Committee decided to add Sec. 6.25 from the power point presentation.
On slopes of less than 15 percent where land disturbing activities expose 1,000 sq. ft. or less, such activities shall be performed using appropriate best management practices specified in the manual for construction site erosion control published by the Wisconsin Department of Natural Resources. No permit shall be required for such activities provided appropriate best management practices are followed. However, should any sediment or deleterious substance be discharged to any waterway or wetland as a result of such activities, the County Zoning Department shall direct the responsible parties to perform such actions as are reasonably necessary to remove the discharge, restore the site to its former condition and fully repair any environmental damage.
Caroline Murphy motioned to approve Sec. 6.31 as is. The motion was seconded by Patricia Craig. The motion was carried.
On
slopes of 15-45 percent and where land disturbing activities expose in excess
of 1,000 sq. ft. cumulatively, a stormwater management and erosion control plan
approved by the Zoning Department is required. A plan may be approved if
appropriate best management practices specified in the manual for construction
site erosion control published by the Wisconsin Department of Natural Resources
are employed in addition to the following standards and such other requirements
as the Planning and Zoning administrator Director judges to be necessary to serve the
objectives of this ordinance:
Ryan Brown made a recommendation to determine if the shoreland boundary of 1000 feet can be changed to 300 feet from a lake.
Bob Underberg motioned to table Sec. 6.32, 6.33 and 6.4 for further clarification. The motion was seconded by Caroline Murphy. Motion was carried.
Bob Underberg motioned to approve from Sec. 7.2 through Sec. 7.59 and to capitalize “Floodplain Ordinance”. The motion was seconded by TJ Tooley. The motion was carried.
The Committee will continue with Sec. 7.6 at their next meeting on Wednesday, August 28, 2013 at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse.
The Committee discussed and set up the next few meeting dates for the Shoreland Zoning Advisory Committee and they will be Wednesday, September 25, 2013 and Wednesday, October 23, 2013 starting at 9:00 a.m. in Room 1068 (County Board Room) at the Courthouse.
8. Adjourn
TJ Tooley motioned to adjourn the meeting at 11:03 a.m. The motion was seconded by Bob Underberg. Motion carried unanimously.