Committee for Responsible Land Use

Battlefield in Bayfield over Waypoint

2011-07-15T10:00:00.004-05:00

Heidi Clausen, regional editor of The Country Today, attended the Northwest Wisconsin Lakes Conference in Minong in June and wrote the following excellent review of the presentation concerning the first challenge to Wisconsin's comprehensive planning law, brought by our grass roots organization, Committee for Responsible Land Use.

Township rezoning brings state’s first challenge to law requiring comprehensive planning consistency

By Heidi Clausen
Published in The Country Today

MINONG — The Bayfield County peninsula is ground zero for the first challenge of a consistency requirement in Wisconsin’s comprehensive planning law.

The Bayfield County Board in March 2010 rezoned 380 acres a few miles south of the Apostle Islands National Lakeshore from agricultural/forestry to agricultural/residential-recreation/commercial use.

A citizens’ group formed to fight the proposed development, which would allow the construction of a fly-in resort community and private airfield in the town of Russell.

According to a consistency requirement in the state’s comprehensive planning law that took effect last year, the zoning actions of towns and counties must be consistent with locally created comprehensive plans.

The Bayfield County Committee for Responsible Land Use argues that the project fails to meet the letter or spirit of the town’s comprehensive plan, in which future commercial development was specifically mapped for in and adjacent to the village of Red Cliff.

This is the first zoning decision in the state to be challenged because of a perceived inconsistency with a comprehensive plan.

Although a judge has reaffirmed the rezoning and the citizens’ group won’t appeal, “it’s not over yet,” said Shari Eggleson, who represents the group.

Eggleson moved to northern Wisconsin a couple of years ago after retiring as an attorney with the Wisconsin Department of Justice in Madison. She spoke June 24 at the Northwest Wisconsin Lakes Conference.

The project, known as Waypoint, is being planned by CFS LLC, based in Minneapolis. CFS says the project will bring positive economic benefits to the area.

“I happen to believe that those hopes are fairly ill-founded,” Eggleson said, adding that the benefits would be outweighed by the costs for upgrading roads and various services for the expected 100 to 280 residences.

The citizens’ group argues that the project would have a negative effect on local residents, agribusinesses, tourism, the lakeshore and wildlife.

Eggleson said the battle in Bayfield County began when the developer bought acreage “in the middle of the fruit farms” on which to build a luxury resort community and private jet airport featuring a 4,000-foot asphalt runway.

“Locals thought this was a pretty terrible idea, so a citizens’ group formed to fight it,” she said.

CFS first petitioned the county for a rezone of the property along Compton Road in 2008. Rezoning was recommended at the time by the town board.

Eggleson said testimony was “overwhelmingly” opposed to the proposal, but rezoning was approved. CFS began clear-cutting and grading for a runway.

The citizens’ group filed a complaint in circuit court against the county in 2009 to fight the property rezoning. Also that year, the town voted to recommend rescinding the rezone approval.

Although the project was inconsistent with the local comprehensive plan, that plan was only considered “advisory” at the time, she said.

After the state’s consistency requirement kicked in, she said, the citizens’ complaint was amended to say that the rezoning was inconsistent with the local comprehensive plan.

Earlier this year, a judge ruled that he could not say the rezoning was inconsistent with the plan but “by no means handed down a ringing endorsement of the rezone,” Eggleson said.

The citizens’ group decided not to appeal this ruling.

With no precedent in this case, “it’s difficult to reverse the judge’s decision,” she said. “We had an incredibly uphill battle, and we almost did it. The chances of prevailing on appeal are not good.”

However, Eggleson said, the group did appeal to the Board of Adjustment regarding a conditional-use permit granted for the airport and won that case. With no conditional-use permit, construction cannot proceed, she said.

CFS — which faced charges for state Department of Natural Resources violations on work done at the site — began wetland restoration last year and is appealing the board’s denial of a conditional-use permit for the airport.

“Now the developer has the uphill battle,” Eggleson said.

Rick Stadelman, executive director of the Wisconsin Towns Association, said that as part of the state’s consistency requirement, zoning decisions must either further or not contradict the goals and policies of the local comprehensive plan.

Stadelman said Wisconsin law focuses on planning from the bottom up, not the top down. Although some people say it’s been ineffective, he believes it has benefits.

“We believe the model we have in Wisconsin is based upon the principle of local plans basically enforcing local regulations,” he said. “Those local communities should set the vision.”

Stadelman said a lot of local plans have been “cookie-cutter,” and that’s not what the law intended.

“Over the next 10 years, some more communities will get into it, and (plans) will have to be updated,” he said. “Where we do not have a plan that’s consistent with the regulation … I believe a decision can be challenged.”

Draft legislation on iron mining debated

2011-05-15T13:05:00.002-05:00

By DANIELLE KAEDING Ashland Daily Press, Friday, May 13, 2011

The possibility of an iron mine in northwestern Wisconsin is becoming more real with each passing day for area residents. A bill is currently being drafted by State Sen. Rich Zipperer, R-Pewaukee, and State Rep. Mark Honadel, R-South Milwaukee, to provide a separate piece of legislation regulating iron mining in Wisconsin.

Legislation proponents say laws currently on the books need clarity and definitive timelines as part of the state permitting process. Those more wary of the bill being drafted worry that such legislation may reduce public input or weaken environmental standards. State Rep. Janet Bewley, D-Ashland, said the bill does include fewer opportunities for public comment.

“And fewer requirements for the mining company, a lot of relaxing of (language) — instead of “must,” it’s “will attempt to” or “will strive to” — it’s a horrible, horrible bill,” Bewley said.

One such example is the language used addressing standards for approval of a metallic mining permit. Under current law, the Wisconsin Department of Natural Resources, which regulates mines in the state, must issue a mining permit if it finds the proposed mine “will not endanger public health, safety or welfare.” However, the bill currently being drafted states a project must be permitted if “the proposed iron mining is not likely to result in substantial adverse impacts to public health, safety, or welfare.” The Daily Press obtained a copy of the draft legislation from its news partner Wisconsin Public Radio.

Meanwhile, Bewley contended that development of the bill has been kept secret. The Democratic Assemblywoman felt there was an attempt to “ram” the bill through the legislative process.

“Fortunately, they’re pulling back from that,” Bewley said, noting that a hearing that appeared set for Monday on the bill is no longer taking place. However, a staffer from Zipperer’s office cautioned Thursday that reports of a Monday hearing on the draft legislation were premature, adding the bill is not yet ready for introduction.

At any rate, Bewley said there are differences between the legal requirement and what is good government regarding the manner in which the legislation has been drafted.

“What is happening in this process are the fewest people representing the most powerful companies,” Bewley argued.

Other environmental organizations who have seen the draft legislation have expressed concern and disgust about the bill’s contents. Among them is Dave Blouin, chair of the Wisconsin Mining Committee for the Sierra Club.

“This legislation is a gun to the head of Wisconsin legislators in the guise of economic development,” said Blouin.

He said the draft bill appears to amount to a loss of local control in area municipalities.

“Which is really, I just think, terrible policy,” Blouin said.

Michele Wheeler agreed. She’s executive director of the Bad River Watershed Association, which promotes the healthy interconnection of people and natural communities in the watershed. Wheeler said the draft bill exemplifies a complete disregard for public input. She cited the current law which allows people the opportunity to obtain a contested case hearing if they feel aggrieved of a DNR decision under metallic mining laws. Under draft legislation, citizens wouldn’t be entitled to such a hearing.

The bill also does not provide for citizen suits related to iron mining. Furthermore, Wheeler said the draft bill on mining undermines the state’s existing environmental standards. She said the treatment of water in the bill is “appalling.”

“The bill establishes a new permit for surface water withdrawals — groundwater withdrawals. It outlines some general provisions that need to be met like protecting public health and safety and not degrading water quality or quantity,” Wheeler said. “But, the catch is that mining companies don’t even need to meet those basic requirements. If they can mitigate water usage, they still get a permit.”

Furthermore, she noted existing laws preventing mine waste close to rivers and lakes.

“It’s a good idea not to dump mine waste really close to streams because streams flood,” she said. “When they flood, they pick up materials that are in the floodplain and they drop them off somewhere downstream.”

However, the bill currently being drafted would not prohibit an iron mining waste site within a floodplain, within 300 feet of a river or stream or within 1,000 feet of a lake.

Casey Eggleston of the Nature Conservancy said there appear to be many water protections that have been rolled back in the draft legislation.

“At first blush, it does look like it’s fairly major changes to the mining codes in Wisconsin. It looks like there are pretty significant changes to timelines for doing environmental impact statements, major changes to the protections that the rivers, the lakes, the streams and groundwater all have around the site,” Eggleston said, who is the state government relations coordinator for the Nature Conservancy.

The bill would require the DNR to act on an application for an iron mining permit no more than 300 days after the application is considered to be complete. Gogebic Taconite President Bill Williams said the 300-day timeline outlined for permitting an iron mine doesn’t include all the prior work that must be done.

“It’s not anywhere near that,” Williams said. “It’s still going to be years ahead of time doing the studies, doing the groundwater studies, the surface water studies, the biology studies — even the archaeology. All those studies are still having to take place. From what I understand in the legislation, once we have taken all those chapters while working with the DNR in developing these sections each study becomes a chapter in the EIR, which is the impact report that we generate.”

Williams felt the legislation still being worked on would not weaken laws currently on the books.

“I don’t get that impression,” Williams said. “This is being proposed by and sponsored by several of the elected officials. Although we would strongly support any attempts to separate the mining of the iron away from a sulfide deposit — up to that point, until they actually come out and make their proclamation or statements, I don’t feel comfortable that it’s our place as a mining company to step on any toes.”

The mining company president said Gogebic Taconite has been asked for opinions and how people can help bring their proposed mining operation to fruition. When asked about concerns posed over opportunity for public comment under the new legislation, Williams felt there has been “constant contact” with the public and the DNR throughout the entire process thus far.

State Sen. Bob Jauch, D-Poplar, said the Legislature needs extra time to evaluate the bill prior to it receiving a hearing in the Wisconsin Senate or Assembly. The Democratic senator said it’s clear the Republican-controlled Legislature and administration have the ability to rush any legislation. However, he’s been trying to get his Republican colleagues to “push the pause button” on consideration of the legislation. Jauch said everyone realizes that the proposed iron mine could be an “incredible game-changer” for northwestern Wisconsin’s economy.

“I think there are ways to provide the certainty that the company (GTAC) needs that the (permitting) process will not be never-ending,” Jauch said. “But, I think that all can be done without weakening the standards.”

Attempts to reach DNR officials and legislation sponsors for comment were unsuccessful Thursday.

Rezone Decision Issued

2011-05-02T07:31:00.003-05:00

A decision in the case of Bayfield County Committee for Responsible Land Use (CFRLU) vs Bayfield County in the rezone of 380 acres in a forested district in the Town of Russell from Agriculture-1 and Forestry-1, to Residential-Recreation Business, Commercial, and Agriculture-1, was issued on April 28th by Judge Anderson. The Court found in the favor of the defendant, Bayfield County. This decision leaves in place a commercially zoned area of 44.4 acres – twice the size of Miller Hill Mall – in the midst of forest and agricultural lands.

On the issue of whether this rezone is spot zoning, the Court ruled that the “property is simply too large and the scope of the project too entrepreneurial for this to be spot zoning.”

The decision states, on the issue of whether the rezone meets the County Comprehensive Plan, that although the plaintiffs raised valid concerns about the lack of deliberations for or against the rezoning proposal, a not particularly strong, but “reasonable rationale was employed by the county board when it approved the rezoning request.”

The Court cautioned the county board about the questionable conditions placed on the rezone, which were characterized in the decision as “overzealous, confusing, and legally tenuous assertions of its police power.” The decision states that the conditions could “easily be confused with negotiations with a developer to rezone.”

The CFRLU is disappointed with this decision that, it believes, sets a poor precedent for future zoning in Bayfield County. Hundreds of citizens spent thousands of hours crafting and carefully honing comprehensive plans for their towns. The citizenry expects that these plans, as well as the County Comprehensive Plan, will be seriously weighed, considered, and applied in zoning decisions. If not, Bayfield County has made no progress toward correcting the haphazard zoning process that the Comprehensive Plan was designed to remedy.

The Committee for Responsible Land Use is exploring its available options.

Policy changes proposed to Stewardship Program

2011-03-19T08:37:00.004-05:00

By Danielle Kaeding, Ashland Daily Press

Efforts to preserve natural lands in northern Wisconsin may face more administrative hurdles under the Knowles-Nelson Stewardship Program through the Wisconsin Department of Natural Resources (WDNR)...

The Bayfield Regional Conservancy is one nonprofit organization whose work may be negatively impacted under the governor’s budget. Ellen Kwiatkowski, executive director, said the mission of the nonprofit is to protect lands in Douglas, Bayfield, Ashland and Sawyer counties. To date, the conservancy has protected roughly 2,500 acres of land throughout the region.

“We do that in a couple of different ways through outright purchases of the land and through working with private landowners to place conservation easements on their properties to restrict how the land is used,” said Kwiatkowski.

The conservancy has conducted 17 easements and 22 trail easements, as well as at least seven land purchases. She said their work would be most impacted by the elimination of purchasing conservation easements included in the governor’s proposed budget...

Meanwhile, Gathering Waters’ Carlson said conservation easements can be a more cost-effective tool for preserving lands in the state.

“It’s a tool that typically includes purchasing the development rights off of a property, so protecting the property from being developed in the future,” Carlson said. “But, you can also acquire other rights along with the conservation easement, such as public access.”

Kwiatkowski agreed and noted that lands can be preserved at a fraction of the cost of acquiring them through conservation easements.

“It stays on the tax rolls and the DNR doesn’t have to manage it. The landowner manages it so you’re able to get a lot more accomplished with a lot less money,” she said. “You would think that if money is really the issue than conservation easements would be allowed.”

Kwiatkowski said landowners enter into a voluntary agreement to restrict how their property’s used, noting existing pressures to develop near inland lakes in northern Wisconsin.

“Parcelization of inland lakeshore is a really big issue,” she said. Kwiatkowski added rivers, streams and Lake Superior also face the highest pressure for recreational development or second homes.

Local governments face a delicate balancing act in northern Wisconsin, Kwiatkowski said.

“We don’t want to sacrifice the health of our environment for money because I think that our quality of life and our personal health is directly related to our environmental health and environmental quality,” she said.

In addition, she added the region’s economy is dependent on forestry, agriculture and tourism.

“You don’t want to over-develop and lose what it is that people value about the area,” Kwiatkowski said...

While policy changes may move forward, Thiede said the take home message is that the WDNR, communities and organizations have the ability to purchase lands for conservation under the governor’s proposed budget.

[Read more]

Bayfield County Board of Adjustment overturns Waypoint permit

2011-02-25T08:32:00.009-06:00

Ashland Daily Press, By RICK OLIVO Published: Thursday, February 24, 2011

WASHBURN — Members of the Bayfield County Board of Adjustment voted 4-1 Thursday to overturn a conditional use permit issued by the Bayfield County Zoning Committee for the Waypoint residential fly-in development proposed for the northern Bayfield County community of Town of Russell.

The decision came after five hours of deliberation of evidence presented at an eight-hour hearing on the matter held last Friday.

Beginning the session, Board Attorney Mike Fauerbach told the panel that they should apply a dozen separate criteria that govern the issuance of conditional use permits. The session was in what is called a de novo review of the record and authorizes the board to substitute its judgment for that of the zoning committee.

Board members painstakingly went through each of the 12 items individually in light of testimony both for and against the project made before the board last week. Board Chairman Randy Matis said he believed that the issues involved in the issuance of the conditional use permit had not been fully explored by the zoning committee.

"There was only one member who even addressed the items on the ordinance, and that was to say that it met the ordinance. There was no discussion or elaboration on any of the items," he said.

Matis said his view was that the permit was in conflict with the county ordinance controlling the issuance of such permits. He said he was also not reassured by the testimony of Waypoint-provided experts who said the site was suitable for the development and that issues like stormwater drainage could be handled without risk to the environment.

"We are looking at the potential for 25 or 100 houses on a spot like that. It makes me uneasy in looking at the nature of the landscape and the uses that exist there," he said.

Matis said his common sense told him that there were already two airports in the region and that the area was "a gem."

"I can't see how it is compatible," he said.

Matis said while he did not question the development's harmony with the Town of Russell's land use plan, he said it conflicted with county ordinances.

Board Secretary Phillip Lupa said he agreed with Matis, and said his biggest concerns had to do with the presence of wetlands on the property.

"I know how stringent we are with wetland use; it's one of the biggest things we do in our job," he said.

He also questioned arrangements for the provision of services like police protection and fire fighting. "There is absolutely no indication where this is going to come from or what it's going to cost or if it is going to be feasible," he said.

"There is so much here that hasn't been answered that I find it impossible to make a decision in favor of it," he said.

Board member Richard Compton said of especial concern to him was a lack of discussion about the 20 additional hangars that were planned for the airstrip.

"The testimony was to me marginal about whether we could make it work, and all we really talked about was an area 4,000 feet long and 60 feet wide. We've got considerably more area than that involved in here," he said.

Compton noted that while building an airstrip in zoning proposed by Waypoint was allowable with a conditional use permit, it was not a matter of right.

"In order to meet that criteria, we have to look at these 12 items, and I cannot find that this proposal meets the required 12 items," he said.

Earlier, Compton said the project was "completely inappropriate" for the location and said it had the potential to adversely affect the agriculture and orchard industry of the area.

The sole member of the board who voted for the conditional use permit was board member Frank Kostka, who noted that the developer bought the land in 2008 in good faith, bringing their plan to the Town of Russell.

"From day one they were discussing the runway," he said. "The township rezoned the property and allowed the project to go on with a 5-0 vote. If the comprehensive planning committee had thought they didn't want a landing strip out there, they should have zoned it to make the property unavailable for a landing strip."

Kostka said the project has also received county approval.

"I struggle with us overturning Russell Township and the zoning office and the zoning committee," he said.

Kostka admitted that if he lived in the area, "I probably wouldn't want an airstrip either."

"But that should have been taken into account a long time ago," he said.

The result, Kostka said, was that the developers have gotten their approvals and invested their money, only to see all that overturned. "

All of a sudden, the money they have invested, is that going to be thrown away?" he asked. "I am concerned with that."

Kostka said objections that the project would require expensive new infrastructure to be built such as roads and bridges could also be applied to existing businesses.

"We are focusing in on this one area with maybe 10 or 15 airplanes, I don't think it's a big thing," he said.

Kostka said one major player in the area with well-known concerns about the environment was the Red Cliff Indian Tribe. He said the fact that they were not actively involved in the debate indicated that they do not consider the matter to be a threat to the environment.

"I am startled by the fact that we don't have any input from the natives, on this issue. I've got friends who are Native American and when it comes to environmental issues they are very, very interested. And yet they are silent," he said.

Kostka then affirmed his support for the project.

"I am suggesting that I am in favor of the project because I support the previous committees that approved it,” he said.

Following the vote, attorney Shari Eggleston, who represented a group of area residents opposing the project, applauded the decision.

"I am delighted with the decision; we feel like, finally, our concerns were heard by thoughtful people who paid attention to them, and we got a good decision," she said.

At the evidence gathering portion of the Board of Adjustments hearing, Waypoint attorney Steve Katkov told board members that if the board's decision went against his clients, they would "be back at the next level," apparently alluding to a potential court challenge of the Board of Adjustment's ruling.

That did not appear to trouble Eggleston.

"It might not be over, but I don't know any better than you do," she said. "We will defend it if there is an appeal.”

Meanwhile, Waypoint developer Annalisa Cariveau declined comment on the ruling by the board and also declined to say if they planned to appeal the decision.

Matis said the hearing had been involved and complex.

"The board worked very hard to make the best decision they could for the citizens of Bayfield County," he said, admitting that it had been a draining process. "I think we're ready to go home."

Waypoint conditional use permit appeal decision delayed

2011-02-19T08:11:00.016-06:00

Marathon board of adjustments meeting will continue
By RICK OLIVO Staff Writer Ashland Daily Press, Friday, February 18, 2011

Members of the Bayfield County Board of Adjustments recessed Friday without reaching a decision on an appeal filed by opponents of the Waypoint residential fly-in development proposed for the northern Bayfield County Town of Russell.

In a session lasting eight hours, supporters and opponents of the project offered in-depth testimony defending and attacking a conditional use permit to construct a 4,000 foot landing strip and 20 private hangers on the 380 acre parcel off Compton Road.

First to speak at the hearing was attorney Shari Eggleson, who represented a number of opponents of the project. Eggleson said the County Zoning Committee, which granted the conditional use permit to construct the airstrip, had failed to fully consider the dozen factors which should have guided them on their decision. Specifically, she said they failed to consider the safety of the operation of the facility or to consider the demand for public services that would arise out of the project. She said there was no evidence that the county had considered whether it was equipped to handle emergencies arising out of the project's operations.

Eggleson said noise from aircraft using the airstrip was a matter of "grave concern." She also cited inadequate attention to issues involving drainage, erosion, water pollution and observed that Pike's Creek was a Class I trout stream.

Eggleson also challenged potential impacts on other existing land uses like tourism and the area's fruit farms and orchards.

Eggleson said the airstrip and the rest of the project represented a threat to the well-being of other residents, adding the assertion that it would fit into surrounding uses was "unsupportable" and that the permit was not in the best interests of area residents.

Speaking on behalf of Bayfield County, attorney Jack Carlson said the decision was based on a recommendation by the Town of Russell Board approving the development and said the board had voted to indicate that the development was consistent with the town's land use plan.

He noted that the action taken to issue the conditional use permit had been made after due consideration of the facts over several meetings.

Attorney Steve Katkov, representing Waypoint, said he had little to add to Carlson's summation. Katkov said the record requires careful consideration of the facts, which he said showed a pattern of behavior on the part of Waypoint developers to dig deep in their efforts to work with the community to bring the project to fruition.

The Board of Adjustment's attorney Michael Fauerbach told the body they had the authority to substitute their judgment for that of the Zoning Committee, noting that the body needed to consider factors controlling the issuance of conditional use permits as well as examining the consistency of the permit with the county's comprehensive plan.

During the testimony portion of the hearing, Department of Natural Resources Water specialist John Spanberg said because the runway could impact wetlands, Waypoint had to submit runoff plans. He noted that the firm had been cited for stormwater permit violations for grading without permits in a wetlands area, which affected about three acres. Spanberg also noted that they were in the process of repairing damage to those areas. Eggleson submitted written statements from a pair of aviation experts, Robert William Van Sant and Robert H. Owen, expressing concerns regarding aviation safety and noise. She also offered an affidavit by soil scientist Ulf Gafvert who conducted a soil survey on the land owned by Waypoint, citing wet conditions on the land posed construction and maintenance concerns and could also impact Pike's Creek.

Eric Carlson, owner of Blue Vista Farm, said he had concerns about the impacts on his and other farms in the area. He said that some 85 percent of his sales depended on direct marketing and that "airplanes are not going to help that experience."

Ann Bowker, who was an alternate member of the committee that helped draw up the comprehensive land use plan for the Town of Russell, said development of a private airport was not a good thing for the area. She maintained that deforestation and moving thousands of yards of soil to construct the landing strip did not fit the criteria of a "light footprint."

County Zoning Administrator Carl Kastroski told the board that construction of an airport was allowed on both the current zoning and on the previous zoning of the way. He asserted that the land use plan had been formulated with development in mind.

"I believe while the plan was being built, it was made with the landowner in mind," he said.

Town of Russell Clerk Dave Good outlined the history of the development and agreed that the plans for the development were "well known" prior to the comprehensive land use plan's creation.

Waypoint developer Annalisa Cariveau said the development had "complied with every county requirement" and had refined the concept of the project over the years, having changed the location of the proposed runway to reduce its environmental impact.

"We have never in the process stopped refining it," she said. "It is the most detailed conditional use permit application ever filed in the county.”

Cariveau introduced several experts who testified about the various aspects of the development.

Professional engineer Randy Van Natta of Becher-Hoppe Engineers and Architects said the runway site was the fourth alternative his firm had examined. He said constructing it would require moving 210,000 yards of soil to construct, but all soil would remain on the site. He said the strip was designed for small private aircraft — not large corporate jets — although small jets could use the facility. He said the airport would have "only a fraction" of the use at either Madeline Island or at Ashland's John F. Kennedy Memorial Airport. He said there would be no fuel facilities or aircraft services.

Soil Scientist Ann Michalski of Chequamegon Bay Engineering said the site proposed for the landing strip held only four acres of wetlands that would be impacted and, with restoration of the illegally altered wetlands, the impact was just .799 of an acre. She said Waypoint planned to create three acres of wetland to replace that, and engineering plans would design the site so as not to degrade water quality.

Speakers from the public who commented after testimony continued to oppose the project, led by attorney Bill Bussey. He said he could not recall an issue with so much opposition or one where opponents were so ignored. He said the zoning change being challenged in court amounted to "spot zoning" and that adverse impacts would affect surrounding communities as well as the Town of Russell.

"If granted, the conditional use permit gives the green light for the entire development," he warned. "This is the camel's nose under the tent. This is the time to consider the development as a whole.”

Area landowner Kevin Westlund said an immediate impact of such development would be the termination of his plans to build a new home in the area.

Kenneth Bro urged the committee to reverse the conditional use permit grant on the basis that the zoning committee had failed to consider erosion potential, the safety of the project or the demand on the community for services.

"Nothing in the zoning committee minutes indicates that they have addressed those issues," he said.

In her concluding statement, Eggleson said the project did not meet requirements of law "by any stretch" and that the conditional use permit "must be reversed."

Carlson said the expertise utilized by Waypoint in the project was "the best of the best" and urged that the Board of Adjustments sustain the conditional use permit.

Katkov also asked that the permit be retained, adding opposition was simply a matter of "not in my backyard." He also warned that if the permit was reversed, "We will be back at the next level."

The board voted 4-1 to delay a decision on the matter until next week at the earliest. Several members urged that the matter come up for a vote at the earliest possibility. Board attorney Fauerbach said he would work out an acceptable date and announce it, perhaps as early as Monday.

Board of Adjustment Hearing February 18, 9 am

2011-02-12T11:34:00.003-06:00

The Board of Adjustment Hearing is scheduled for February 18, 9 am, at the County Courthouse in Washburn.

The hearing is on the matter of a conditional use permit that was approved last fall by the County Planning and Zoning Committee for an airport and 20 hangars on the CFS Compton Road property.

CFRLU believes that the Planning and Zoning Committee erred in not considering or applying the criteria in County Ordinance 13-1-41(b)(4) to the request.

Judge Seeks More Information In Bayfield County Lawsuit

2011-02-03T16:29:00.004-06:00

Ashland Current February 2, 2011 by Andrew Broman

A decision on whether to allow for the rezoning of land in the Town of Russell for the construction of a resort community with a private airfield could take a few more weeks, according to a lawyer representing a group seeking to prevent the rezoning.

A hearing Wednesday resulted in Bayfield County Judge John Anderson requesting more information about the rezoning issue, according to Shari Eggleson, who represents the Bayfield County Committee for Responsible Land Use.

The citizen group's lawsuit takes issue with the Bayfield County Board's decision in March to rezone 380 acres from agricultural and forestry land to agricultural, residential-recreational, and commercial use. The rezoning would accommodate a private, fly-in community called Waypoint, planned by CFS, LLC.

The citizen group says the case is the first time in Wisconsin that a zoning decision has been challenged due to a perceived inconsistency with a comprehensive plan. Wisconsin's comprehensive plan law took effect on Jan. 1, 2010 and declares that zoning actions of towns and counties must be consistent with locally generated comprehensive plans.

CFRLU vs Bayfield County Hearing February 2nd, 9 am, Bayfield County Courthouse

2011-01-29T09:37:00.002-06:00

Reminder: the Bayfield County Committee for Responsible Land Use challenge of the decision by Bayfield County to approve a rezone of the CFS property will be heard in Judge Anderson’s courtroom on February 2, at 9 am. The public is encouraged to attend this hearing.

Also, for Town of Russell residents, the previous caucus results have been voided due to a procedural error, and a new caucus has been scheduled for Friday, February 4, at 7 pm. It’s important that all eligible Town residents turn out and vote. There are a lot of activities planned for that evening, but we ask that everyone come out for this half-hour event. Please check with Scott Fibert at the County (715-373-6100) if you have questions about your residency.

CFRLU vs Bayfield County Hearing February 2nd, 9 am, Bayfield County Courthouse

2011-01-19T11:13:00.005-06:00

Bayfield County Committee for Responsible Land Use has challenged the decision by Bayfield County to approve a rezone of 380 acres on Compton Road in the Town of Russell from A-1 and F-1 to R-RB, C, and A-1 to accommodate a large, private, fly-in community, and multiple commercial entities planned by CFS LLC, a Minnesota Limited Liability Corporation with no previous development experience. The case will be heard in Judge Anderson’s courtroom on February 2, at 9 am.

This is a landmark case. It is the first time in Wisconsin that a zoning decision has been challenged due to its inconsistency with the comprehensive plan. The State comprehensive plan law, which took effect on Jan 1, 2010, declares that all zoning actions of towns and counties must be consistent with locally generated comprehensive plans.

According to the CFRLU lawsuit, “The comprehensive plan developed by Bayfield County’s elected officials, residents and consultants is a sound one, and if implemented, will advance that and the other goals outlined in the law and serve its residents well. The decision to rezone the CFS property, however, not only does not advance the plan or most of its objectives, it overtly conflicts with them, in violation of Wis. Stat. § 66.1001(3), and should, therefore, be reversed.”

The Compton Road property is located in a rural, forested area in the Town of Russell, 5 miles south of the Apostle Islands National Lakeshore and the Gaylord Nelson Wilderness Area. The acreage consists of approximately 70% saturated soils and is located adjacent to North Pikes Creek, a class I trout stream, and the wetland complex that surrounds the creek. Pikes Creek is an important source of water for the Les Voigt State Fish Hatchery located adjacent to the creek mouth at Chequamegon Bay.

Smart Growth and Comprehensive Planning

2010-12-18T20:46:00.002-06:00

In a nutshell

The comprehensive planning process in Wisconsin grew out of the smart growth movement. Smart growth is an urban planning term that refers to the concentration of growth in compact walkable urban centers as an alternative to urban sprawl, and disconnected neighborhoods. Smart growth values long-term regional considerations of sustainability over a short-term focus, and the broader general public good over narrower private interests. Smart growth goals include the achievement and preservation of a unique sense of community and place; equitable distribution of the costs and benefits of development; preservation and enhancement of natural and cultural resources; and the promotion of public health.

Smart Growth principles contrast sharply with the growing practice of developers purchasing/developing inexpensive farm or forest land, detached - and sometimes many miles from - the municipalities that serve their needs. Bringing services to disconnected developments - sewer, water, schools, transportation, shopping, etc.- becomes a consequential burden to local taxpayers.

Any increase a rural residential development brings to the tax base is more than offset by the cost of providing basic services and infrastructure. The American Farmland Trust (AFT) developed the Cost of Community Services studies in the mid-1980s to provide communities with an inexpensive way to measure the contribution of agricultural and forest lands to the local tax base. The study shatters the long-held myth that residential developments will lower taxes for the community. On the contrary, Wisconsin residential property on average costs $1.10 to service per $1 collected in taxes, as opposed to $0.22 for farm and working timber lands. Bayfield County realizes on average 88% more tax revenue from agricultural and working forest land, than it does from a residential development displacing those ag and forest lands. The farther away the rural development is from the municipality that serves it, the higher the cost to taxpayers.

The comprehensive planning process that recently took place in Bayfield County, allowed each community to develop their own sense of place through community visioning and citizen involvement, and to adopt principles to be applied to each new zoning issue. The comprehensive planning law gives communities the authority, through zoning, to restrict development to specific areas, and preserve open space, farmland, forestland, and environmentally sensitive areas. The maps that each town produced, and which are part of the Bayfield County Comprehensive Plan 2010, visually portray the land use approved by the townspeople.

The Town of Russell, for example, describes their sense of place in their comprehensive plan document, as “rural character… comprised primarily of a relatively undeveloped place, rich in natural beauty. Forests, woodlands, the natural landscape and vegetation predominate over the built environment outside of the core business area for the Red Cliff Reservation.” The town specifies that development should occur adjacent to the developed village. Another Town goal is to “Conserve, protect, manage, and enhance the Town’s natural resources.” Each town’s plan document will be unique and based on their current land use, population, and cultural and natural resources. Russell is the only Bayfield town to encompass a National Lakeshore, and Tribal Lands. Russell’s pledge to “preserve to all extent possible” their “forests, woodlands, and natural landscape” is a fitting goal for a unique and naturally gifted town.

“A man is rich in proportion to the number of things he can afford to let alone” - Henry David Thoreau *

2010-12-05T09:07:00.007-06:00

CFRLU Challenges Planning and Zoning Committee Decision

In September 2010, CFS filed for a conditional use permit to build an airport and 20 60’ x 60’ hangars. The 380 acre development has been renamed Waypoint, which will be an “airpark” with a 4000’ asphalt business class jet capable runway, 60’ x 60’ hangars, hangar homes, 100 homesites, (perhaps as many as 280 homesites), commercial buildings and businesses. CFS will not share a plan for the whole development – they state it is not required by law – but they are currently promoting, on their website and in press releases, hangars, hangar homes and homesites.

The airport will be privately owned and for private use of the owners of homes, hangars, or property in the Waypoint development. CFS has suggested that there will be only 10 take-off and landings per week at Waypoint, in comparison to 22 take-off and landings per day at the nearby Madeline Island Airport. The CFS estimate of 10 per week seems artificially low as it would allow each of the 100 homeowners – assuming that all are also airplane owners - to take-off and land once every 2-1/2 months.

The County Planning and Zoning Committee approved the airport conditional Use Permit on October 21, 2010, providing that CFS receives the required DNR approval for the airport site. The runway construction would require 14’ of fill to level nearly an acre of a mapped wetland. The airport construction site drains down an erodible hillside into the wetlands that surround North Pike’s Creek, a Class I trout stream.

The CFRLU believes that the County Planning and Zoning Committee decision to approve this CFS Conditional Use Permit application disregards the many well reasoned, valid objections presented by a large number of constituents at the October Planning and Zoning Committee meeting; the Waypoint airport and associated development is not in the best interests of Bayfield County or its residents; and the CFS Conditional Use Permit Application fails to satisfy the criteria in Section 13-1-41(b)(4) of the County Zoning Ordinance. In consideration of these substantial errors, the CFRLU has petitioned the Board of Adjustment to reverse the County Planning and Zoning Committee’s decision to grant CFS a Conditional Use Permit. This appeal will be considered February 18, 2011.

*Quoted from Bayfield County Comprehensive Plan Update 2010, pgs 1 and 6.

Airplanes landing at Waypoint will only fly over county land

2010-11-07T13:24:00.017-06:00

Uh-huh, sure thing. And all the planes will be extra quiet. We’ve put together this chart to show the relative decibel levels of various loud sports machines. CFS family members own, and plan to attract others who own toys such as airplanes, 4-wheelers, snowmobiles, and Miami-style powerboats, to the Bayfield peninsula for our listening pleasure.

You will note that permanent hearing loss occurs from noises louder than 85 decibels. Many of those using these loud toys will be wearing ear protection, but you won’t. Also note, powerboats, ATVs, and jackhammers will not fly over your house, but hundreds of airplanes will.

Decibels Typical everyday example
10 dB Rustling or falling leaves
50 dB Louder conversation
60 dB Quiet traffic noise
70 dB Louder traffic
70 – 90 dB ATVs. Noise varies by year of manufacture and exhaust system
85 dB 8 hours of exposure to any noise above 85 dB can cause hearing loss
86 dB Legal limit for snowmobile decibel levels
86 dB Legal limit for powerboat decibel levels
88 dB Propeller plane flyover at 1000 ft
100 dB Hearing loss after approximately 15 minutes
100 dB Jackhammer (pneumatic drill) at close range
101 dB Typical business class Lear jet on approach
103 dB Typical business class Lear jet at flyover at 1000 ft
120 dB Threshold of pain. Hearing damage after very brief exposure

Bayfield County has a noise ordinance for ATVs and snowmobiles, but not for airplanes. The DNR has a noise ordinance for boats, but not for airplanes. There is currently no legal minimum level for overflights. Planes can be as loud as they want, they can be as low as they want, and they can legally disrupt your Apostle Islands’ vacation experience. There are no laws to protect you.

The time to speak up against the noise is now, before the “Last Best Place in Wisconsin” is sold to the highest bidder.

Decibel level stats from Center for Hearing and Communication, DNR, Bayfield County noise ordinance, FAA Advisory Circular- Aircraft Noise Levels, Boston Logan Airport Noise Study

Shame on the Bayfield County Zoning Committee

2010-11-07T10:25:00.004-06:00

Letter to the editor, Ashland Daily Press
Published: Wednesday, November 3, 2010

Is it any wonder that people feel so alienated from and disgusted by their government officials? The public hearing before the Bayfield County Planning and Zoning Committee on Thursday regarding the CFS LLC fly-in airport resort in the backwoods of the Town of Russell was a case in point. It was an astonishing display of arrogance and contempt by elected officials for the people they purport to represent.

The meeting opened with a brief presentation by the out-of-state applicant of a completely new project – now called Waypoint rather than Shadow Wood Landing — from the one previously approved (and still in litigation). It was supported only by the applicant’s big-city lawyer and two speakers from outside the Town of Russell. These latter two made no reference to the project itself, but simply extolled the tiresome and cliche virtues of so-called “economic development” and dismissed the roomful of some 60 project opponents as dishonest “boo-birds” (whatever that means).

They were followed by 27 – 27! — speakers opposed to the project who struggled to squeeze into their three-minute slots articulate and impassioned pleas to consider the negative impacts of this project upon their lives, their businesses, the Pike’s Creek watershed and the special appeal of life on the Bayfield Peninsula . The speakers – overwhelmingly residents of the Towns of Russell and Bayfield – were business people, farmers, wage-earners, contractors, retirees and others. Their carefully researched and fact-based presentations – each sharply cut-off at the three-minute mark – showed clearly that the project does not conform to the town comprehensive plan and fails to meet minimal health, safety and quality of life requirements. Even the local county board supervisors Bill Bussey (Bayfield) and Beth Meyers (Russell) spoke adamantly against the project.

And what was the response of the committee – Brett Rondeau (Cable), Patti Rantala (Iron River), Kenneth Jardine (Port Wing), and Shawn Miller (Mason) – all from areas far removed from the project site? They sat stony faced and indifferent. Their attitudes reeked of impatience for the process as well as contempt for those who appeared to testify. Their attention was riveted upon the three-minute stopwatch. They asked not one question! They made not one comment! Aside from a weary, pro forma “thank you” from time to time there was not even the expression of graciousness that one might expect to hear for such a display of citizen participation in government. Nothing! Time’s up! Good riddance!

It was an ugly and disgraceful display of arrogant government officials acting as if the people work for them rather than the other way around. They ignored and dismissed the concerns of profoundly involved citizens. They steamrolled the views of the supervisors who actually represent the affected districts. They looked like country bumpkins dazzled by the showiness of big-city development waifs and big-city lawyers. They rolled over to the wishes of a tiny cadre of town movers and shakers with personal financial stakes in the project. That’s what Bayfield County government has come to. Shame!

Theron O’Connor
Town of Bayfield

Committee disregards public sentiment

2010-10-24T12:32:00.008-05:00

The Bayfield County Board Room was packed with residents Tuesday as the Planning and Zoning Committee disregarded all public sentiment, and good judgment, to vote in approval of a permit for CFS LLC to construct and operate an airport and 20 hangars on their Compton Road property.

Twenty-seven (27) residents, including two members of the Bayfield County Board of Supervisors, and three town Plan Commission members, voiced their opposition to the business class jet capable airport on the grounds that it is incompatible with the Town and County’s Comprehensive Plans.

Numerous speakers cited the level of noise from aircraft, and aircraft overflights, as negatively impacting their lives, their businesses, and the tourist industry in the northern part of the county. Residents and business owners stated concerns that low flying, sightseeing overflights of the Apostle Islands and environs, will negatively impact the experience of kayakers, sailors, and fishermen, and reduce tourist numbers. There are numerous kayaking outfitters, hunting guides, and fishing guides on the peninsula who will be impacted by reduced tourism.

Several farm and orchard owners, who live within a few miles of the airport site, spoke to the negative effect the noise and traffic will have on their clientele. Eric Carlson, owner of Blue Vista Farm, spoke for all fruit growers in the area when he stated, “I’m not just selling fruit, but an experience.”

Local residents expect property values in the area to plummet and the real estate business in Bayfield and Russell to suffer. Realtors must disclose the planned airport and noise hazard to all potential buyers.

Steve Katkov, an attorney for CFS LLC, stated that the 4000’ runway planned for the airport would be inadequate, if not dangerous, for landing jet aircraft, although CFS had previously stated that this length was necessary in order to land business class jet aircraft. In a lame attempt to counter the concerns of the residents and confuse the committee, Katkov stated that commercial jets would not use the runway, only single-engine and twin-engine planes would land. Most business class jet aircraft are light single, or twin, engine planes.

Annalisa Cariveau, CFS spokesperson, and Katkov, showed a map of the Apostle Islands and indicated that planes would not fly over the National Lakeshore and Wilderness area, the Town of Bayfield, or neighboring farms. All planes allegedly would approach from the west, make a 90° turn from the county forest land lying to the west of the airport and south of highway 13, to land into prevailing southwest winds, on the north-south oriented runway. This assertion is improbable, if not impossible, considering that business class jets require miles of clear airspace to properly orient the aircraft for safe landing. Low altitude overflights of Sand, York, and Raspberry Islands by aircraft on final approach will be routine.

Two county residents offered their support of the project - Dave Good, Town of Russell clerk, sent a letter of support, and Frank Graves spoke at the meeting.

CFS LLC, a Minneapolis based developer, must obtain a Water Quality Certification permit from the WDNR, and county building permits for the runway and hangars before construction can take place. Rocky Tribovich, former Town of Russell Board chair, and long time supporter of the CFS project, will be instrumental in the runway construction. SEH, the company that guided the Town of Russell’s Comprehensive Planning and mapping process, is involved with the airport design.

Committee members voting to approve the permit include Brett Rondeau, Shawn Miller, Kenneth “Bucky” Jardine, and Patti Rantala. Harold Maki was absent.

Russell Comprehensive Plan Commission divided on Waypoint Conditional Use Permit recommendation

2010-10-07T11:21:00.020-05:00

The Town of Russell Comprehensive Plan Commission split 2-2 Tuesday night on a vote to recommend to the Town Board that they grant their recommendation to the County, for a conditional use permit for an airport and 20 hangars on the CFS LLC Compton Road property.

CFS spokesperson, Annalisa Cariveau, and two lawyers representing the Minneapolis developer, Steve Katkov of Minneapolis, and Matt Anich of Ashland, questioned commission members for over an hour Tuesday night, concerning assertions that the airport was not in compliance with the Town of Russell Comprehensive Plan.

One commission member asked to see the entire plan for the 380 parcel that will be developed as Waypoint – a fly-in community development. Katkov said that CFS is only asking for a conditional use permit for an airport at this time and does not need to submit a plan for the development. Katkov said that CFS would return time and time again for conditional use permits for up to 247 homes, commercial buildings, and businesses that are slated for the development.

Rocky Tribovich, a plan commission member, abstained from voting because his construction company is currently employed by CFS LLC at the Compton Road site.

The conditional use permit recommendation will be taken up by the Town of Russell Board at their next meeting, Tuesday, October 19, at 7 pm, at the Town of Russell Community Center.

The Bayfield County Planning and Zoning Committee will consider the CFS request for a conditional use permit to construct and operate an airport at the Compton Road site, at their Thursday, October 21, 1 pm meeting. The CFS request for a conditional use permit does not require action by the county board, and, if approved by the planning and zoning committee, will take effect immediately.

Shadow Wood Landing now Waypoint

2010-09-23T15:01:00.002-05:00

The Minneapolis-based CFS LLC Corporation’s proposed project, Shadow Wood Landing, has been replaced with a new venture, dubbed Waypoint, according to a recent CFS LLC fact sheet released to the media. CFS LLC’s plans for Waypoint include a fly-in residential community of 100 homes, an airstrip located on the ridge top of their Compton Road property, hangars, and hangar homes.

CFS LLC executives did not mention maintenance or repair facilities, or fueling stations, in their project fact sheet, but these services would be necessary components of a fly-in residential community project.

CFS LLC spokesperson, Annalisa Cariveau, states that she expects 10 take-off and landings per week at Waypoint. This number of flights seems artificially low as it would allow each homeowner one take-off and landing every 2-1/2 months. This estimate is just 6% of the number of take-off and landings at the airstrip on Madeline Island, a community of 220 residents.

CFS LLC is currently at work restoring the wetlands that were knowingly filled in during the preliminary construction of a runway at the original airstrip location planned for the property. CFS LLC, in meetings with the WDNR and the Army Corp of Engineers, has agreed to restore the wetlands on the property, and move the airstrip to a new location. Destroying wetlands is a violation of Federal statutes.

In a related development, the Red Cliff Tribe of Lake Superior Chippewa has received a $23.5 million loan to construct a hotel, conference center, restaurant, and bar facility, plus a new casino and campground, on tribal property located on Lake Superior in the Village of Red Cliff. The project will begin this fall and is expected to be completed fall of 2011.

Unlike the Waypoint project, the development in Red Cliff is slated for property targeted in the Town of Russell Comprehensive Plan as appropriate for commercial development. The Red Cliff development is appropriate for the location, has a well-defined concept, and, therefore, has broad community support.

Court to reopen original suit opposing rezone decision

2010-08-07T10:30:00.004-05:00

The CFRLU has successfully petitioned the circuit court to reopen the original suit opposing Bayfield County's rezone of the CFS LLC Compton Road property to accommodate the inappropriate development plans of this out of state corporation. The Court has also granted the CFRLU's motion to require the County to supplement the record with regard to proceedings that followed the Court's original remand record. In granting this motion, Judge Anderson noted that he had not addressed the other issues/claims in the original CFRLU complaint, since one error by the County (failure to follow shoreland zoning procedure) had been dispositive. The County was given 60 days to file the supplemental record.

The CFRLU is heartened by this development, as we believe that Bayfield County, in granting this rezone request, violated additional County Ordinances and/or State Statutes. We are confident that these infractions will be clearly demonstrated at trial. The continued strong support of the community, and concerned individuals and organizations from around the state and county, is most appreciated.

Shadow Wood developers plead no contest on DNR violations

2010-04-27T07:58:00.006-05:00

Ashland Daily Press, April 27, 2010
By RICK OLIVO

The developers of an exclusive fly-in development in northern Bayfield County Monday agreed to a deposit forfeiture of over $2,000 to settle a trio of Department of Natural Resources water control law violations in Bayfield County Circuit Court.

The development organization, CFS LLC, agreed to a stipulated agreement in the case, which was a civil action taken by the Department of Natural Resources under the state's water control laws. The stipulated agreement said the action was taken against CFS for land-disturbing logging clean-up at their 380-acre tract in the Town of Russell. The stipulation said the parties involved wanted to settle the matter by agreeing to the payment of CFS of $1,159 as part of a no-contest plea on two citations, while a third citation was to be dismissed.

The two counts included charges failed to inspect or monitor erosion control best management practices or to maintain inspection. DNR Conservation Warden Pat Quintance issued the three citations. The citation noted that Quintance observed no erosion control measures in place at the project that would commonly be used to protect water resources. He also noted that there had been no inspection report done for the project.

The second charge for which CFS entered a no contest plea was that they failed to develop an appropriate site-specific erosion control plan for the development.

A charge that CFS had failed to apply for coverage under a construction site stormwater discharge permit at least 14 working days before beginning land disturbance was dismissed.

The citations were issued on September 24 of last year and the court date had been set for last January, but the original charges were dismissed because they had been improperly filed against Annalisa Cariveau, president and chief executive officer of CFS LLC, instead of the corporation itself.

Earth Day Bayfield County

2010-04-22T15:17:00.007-05:00

The 40th anniversary of Earth Day is a time to reflect on the future for the Bayfield peninsula. What legacy will we leave our children and grandchildren? Do we want to leave a vibrant, sustainable community that includes small cities, towns, farmland, orchards, and small businesses? Will our grandchildren live and work here - in a community that is a model for green communities everywhere?

Or do we want to allow a few people to profit from the natural resources of our peninsula, sucking it dry of all the goodness that residents enjoy today. Will we leave a "tourist ghetto" - just another stop on the tour of "must do" places? Will our children be scattered to the wind in an effort to find good employment and escape high taxes?

Our County could be a model for rural mass transit, or it could be choked with traffic and the noise of incoming air flights. Our community could be a model for small town sustainability, or it could be another Aspen. We could be leaders in valuing the residents of our communities and in finding innovative ways to meet their needs, or we could force those who are not wealthy to move elsewhere. We could work together to solve the problems that are inherent in growth, or we could give up and sell our lands and resources to the highest bidder.

The choice is yours. Call your County Board representative and share your vision for the future of Bayfield County.

Congratulations to the new Bayfield County Board Supervisors; Patti Rantala, Beth Meyers, Bill Bussey, and John Bennett.

“BAIT AND SWITCH”, The Empty Promise of Jobs

2010-04-02T07:23:00.003-05:00

The CFS-LLC spokesperson has repeatedly promised the community, in both her oral and written communications, “good jobs” if the rezone request is granted. Her “Planting the Facts” direct mail propaganda has even provided a detailed summary of those alleged employment opportunities – although she now denies that CFS-LLC even has a specific development plan. Shadow Wood Landing and Stratosphere Airport “are just a dream”, she now claims.

This is what developers tell communities like ours to gain support for inappropriate, unpopular development projects. Large scale developments such as Shadow Wood Landing and Stratosphere Airport, which this zoning change request is intended to accommodate, don’t employ local tradesmen, and don’t source materials locally.

The faceless out of state corporations, and their anonymous investors behind such development initiatives, are motivated purely by profit. They are not interested in “doing something positive” for the community, as the CFS spokesperson has alleged.

The contracts for major projects such as Shadow Wood Landing – with a proposed commercial area twice the size of Miller Hill Mall – are awarded by competitive bid to very large, capable, experienced construction firms with national resources. Such firms are headquartered in major cities like Chicago, Kansas City, Houston, or Minneapolis. No contractor in northern Wisconsin is even qualified to bid on an airport and 200 unit luxury hotel.

These large, national contractors have preferred, qualified, low cost material suppliers. They don’t purchase locally. They have their own equipment – cranes, excavators, forklifts, compactors, and pavers. They have their own skilled labor. They import all necessary resources, often including temporary housing for workers. They don’t buy a 2 x 4, or a nail, locally.

Frank Graves has said that “Bayfield could become another Aspen” by embracing this project. Unfortunately, he is right.

I lived in Colorado during the Aspen development boom, and witnessed the effect on the community. Aspen, like Bayfield County, was promised jobs and business. No local tradesmen were employed. No materials were purchased locally. Large, nationally connected materials suppliers established temporary satellite facilities to support construction. Some of these facilities became permanent.

Large regional real estate companies moved in and displaced local realtors. Virtually all labor and materials were imported – primarily from Denver and Salt Lake City. Family owned contracting and building supply businesses disappeared. The only new jobs created in Aspen were cleaning toilets, and changing bed sheets. Taxes increased exponentially to support the new residents’ service and infrastructure demands. The cost of everything from a loaf of bread, to housing, soared. Third generation residents, who could no longer afford to live in Aspen, had to move elsewhere. The bitterness lingers, even today.

Bayfield County could suffer a similar fate.

Don’t be fooled by this Minneapolis Developer’s disingenuous job creation claims. Shadow Wood Landing and Stratosphere Airport will negatively impact local farms, local businesses, and our overall quality of life.

Shadow Wood Landing Opposed by Community

2010-03-27T16:15:00.004-05:00

The Shadow Wood Landing development proposed by CFS-LLC, a Minneapolis-based developer, is the subject of two editorials in the Daily Press in as many days. The County Board Members need to pay attention to the public sentiment on this rezone issue. Read a portion below, then click to read the entire commentary.

Shadow Wood Landing project a pie-in-the-sky fantasy
A commentary by Theron O'Connor

My family has owned land in Bayfield County for 100 years. I moved back here in 2008 to retire from my current profession and to start a new business. Now I am both puzzled and distressed by the prospect of a 380-acre commercial rezone of a marginal forest tract in the Town of Russell. It seems like a patently bad idea from a business point of view. It has been negligently, incompetently and illegally executed to date. It appears to provide benefit to only a small cadre of Town of Russell and other insiders. It threatens the interests of adjoining townships and the general population of the area. It has been subjected to an adoption process which has lacked true deliberation at all levels.

As a business proposition, Shadow Wood Landing, as proposed by Minnesota developers CFS LLC, seems preposterous. How many wealthy private airplane owners are going to spend their precious vacation time flying into remote second-growth lowland far from town with no lakeshore, no lake view and not even old growth forest? Intuitively, one would say, “very few, if any.” But what do the data say? Well, nothing. Where is the market research? Where is the business plan? What differentiates this massive project from other failed fly-in resorts around the country and other failed local developments in this area? These questions have not received rigorous attention in the rezone process at any level. This is the largest rezone in Bayfield County history. It should, at a minimum, be contingent upon a strong showing of project viability and clearly demonstrated project financing. If passed, it should require a commitment to and adherence to a step-by-step timetable and standards for accomplishing specific project goals. So far, the county board majority is offering a blank check.

The CFS LLC performance to date has been shocking. Circuit Court Judge Anderson reached only one of the three core issues in the citizen lawsuit opposing the project and yet found emphatically in favor of the plaintiffs and against the CFS LLC project. The other two issues remain in that lawsuit. The Army Corps of Engineers has charged CFS LLC with discharging “dredged or fill material into wetlands abutting West Pikes Creek.” The Department of Natural Resources has issued three citations against CFS LLC for failures related to erosion control and the failure to obtain a discharge permit prior to disturbing the land on its rezoned construction site. This record flies in the face of the pious representations of CFS LLC regarding its concern for so-called “generational sustainability.” The president and CEO of CFS LLC (a young college student from the Twin Cities) is a first-time, completely inexperienced developer. Personal charm does not trump hands-on business savvy with regard to a project of this size. Perhaps that is at the root of this dismal start. The county board majority seems to see no red flags here.
[READ MORE]

Shady or Shadowy Wood Landing
Letter to the editor by Steph Winter

In my opinion CFS LLC's proposed development of Shadow Wood Landing in the Town of Russell has become a class culture war. Because many members of our town live on the edge of survivability, this is a prime location for developers like CFS to gobble up huge chunks of land for cheap.

What they then choose to do with that land seems to be of little or no consequence to those who live here. Red Cliff tribal members, people who have lived their whole lives here, those who quietly conduct their businesses here (for example, the immediate neighbors to the project and the fruit orchards that lie nearby), and those who move here in retirement or otherwise migrate to this area are being assured of the wide benefits this development will provide. We are told by CFS, LLC President and CEO Annalisa Cariveau that we need to trust her to do the right thing. But why should we?

Over recent weeks and months I've heard about and witnessed an ongoing narrative of subtle harassment, intimidation, and veiled threats aimed at those who speak up about and try to make their concerns known regarding this development even as we're encouraged to offer our input. And, if my neighbors and local businesses are already being pressured into silence at the risk of losing their jobs and right livelihoods before this development begins construction what further manipulations and exploitations can we expect after this project is fully underway?
[READ MORE]

A look to the future needed in the Town of Russell

2010-03-24T08:03:00.003-05:00

Letter to the editor, Monday, March 15, Ashland Daily Press

On March 4, the Town of Russell Planning Commission narrowly passed a motion recommending a zoning change request by CFS, LLC to facilitate the potential project named Shadow Wood Landing, an “exclusive fly-in community” in rural Bayfield County. The 3 -2 vote favoring the re-zone came after a two-hour discussion by local residents. A majority of those who spoke did not favor the re-zone.

The issues centered on jobs, progress, development, community character, and where our society is headed. It is obviously an issue the Bayfield County Zoning Committee needs to consider closely at its upcoming meeting on March 18. They need to discuss and understand the effects of their decision and not just ram the re-zone through.

Some people argue that Shadow Wood is good as it represents progress and would create jobs. Usually these jobs are mostly low-wage, part time non-family supporting. There would be some initial construction jobs but typically, those go to imported workers who leave after completion of the work.

Others suggest we need “living communities” where the emphasis is on families, community, schools, and most of all – what is good for the next generation. Our children are what count – not whether seniors and special privilege people have the latest gadgets, fanciest homes, biggest cars and fastest planes. What can we do as elders, adults and people of power to enhance the quality of life for the next seven generations? The bottom line is — what is best for the next seven generations is a living community complete with young, old, farms, small businesses, schools, and programs that support them.

Is focusing on an exclusive fly-in community for the privileged going to turn our slipping economy and cultural integrity around? Or is that type of model causing our community and economic decay?

There is a growing interest and support for farms, family gardens and farmer’s markets. They are doubling and tripling in numbers and support. A greater and greater number of people are realizing the value of strong individuals, families and communities.

Florida, the state that has focused on the money of seniors and people of special privilege has suffered significantly this last year with decaying schools and a loss of population. A model that focuses only on the well-to-do may flourish for a while but in the end, that narcissistic model is doomed to fail. A model that has a chance of working is one that emphasizes and encourages everyone in the community. We need our families to succeed, flourish and be happy, healthy and vibrant — not just survive.

The Town of Russell and Bayfield County are presently dealing with zoning issues that will directly affect our community. I greatly encourage them to take a long view and look to the future — not only at what is good for a few today.

Ricardo Bowker

Rick Dale, Highland Valley Farm owner, letter to the Bayfield County Zoning Committee

2010-03-19T10:16:00.003-05:00

My family and I own and operate Highland Valley Farm in Bayfield Township. After the Russell Klinger Family, we are the nearest resident property owners to the proposed Shadow Wood project. My wife Janet and I have lived and paid taxes in Bayfield County for more than 36 years. The successful establishment of our fruit farm has been the fulfillment of our life’s work.

Starting with a dream and 50 acres of vacant land, we worked and invested to make a home and develop a farm business. Along the way we raised a family—three bright & industrious kids—all of whom have decided to return to their roots to make a life in Bayfield County. In the early years I drove a school bus and did carpentry jobs for neighbors. Janet, an RN, worked first at the Washburn Hospital, then the County Nursing Service, and finally Ashland Hospice. For 18 years following her nursing career she ran a popular licensed child day care in our home. I volunteered as an EMT, provided leadership for the 4H club, and served on my church council. For four years I was an elected supervisor for the Town of Bayfield, during which time I provided leadership for a comprehensive road resurfacing project and the Bayfield Farmland Preservation program. More recently, Janet and I have been active in the Regional Conservancy, the Friends of the Library, the Chamber of Commerce, and numerous other community efforts.

We no longer need to work off the farm. Today, Highland Valley Farm is recognized as a leading producer of blueberries in the State of Wisconsin. We are visited by more than 5,000 pick-your-own customers annually. Our products are distributed to retailers and processors over a five state region. The farm supports three household incomes—and provides 25-35 additional part-time jobs during our summer harvest. We would like to think that our contributions and long tenure in this community count for something.

Our retail customers tell us that a large part of the berry picking experience they return for year after year is the pristine beauty of our valley setting and the peace and quiet they find here as a respite from their hectic urban environment. These are the same qualities that drew our family to this place 36 years ago. Nobody chooses to live near an airport. You wouldn’t –and we didn’t. If a re-zoning allows the construction of a private-for-pleasure airport near us, we know it will degrade our business, degrade the quality of our life, and devalue our property. I am confident that a competent attorney could put a price tag on those threatened values.

And that is the point that I think you should consider. Janet and I were here long before this young woman hatched her non-compliant plan for an exclusive fly-in resort. We are no longer the youngsters who came to Bayfield County 36 years ago. We are considerably older and wiser, heavily invested here, concerned for the future of our family and this community, and not intending to back down or go elsewhere. I was encouraged when Judge Anderson in his recent decision stated that citizens who believe they will be adversely affected by the zoning change do have standing with the courts.

Comprehensive Planning already in peril

2010-03-18T08:17:00.002-05:00

Letter to the editor
Published: Ashland Daily Press, Wednesday, March 17, 2010

I first became aware of the Wisconsin Comprehensive Planning process in August of 2008, when my town chairman asked me to become a Planning Committee member. Flattered and glad to be involved, I accepted. For the next 16 months, all Bayfield County towns met on a monthly basis, most often at the Great Lakes Visitor Center. Bayfield County Zoning & Planning, together with SEH Planning Consultants out of Minneapolis, helped us to learn about comprehensive planning, and guided us towns to the point of completion of our own individual comprehensive plans.

Throughout the entire process we were assured that each town would always have direct say in what goes into their comprehensive plan and, more important, the land use map which dictates, by category, what each individual parcel of land is approved for what type of use. This is even more sensitive in my own town, which loudly rejected a non-binding referendum to become zoned within the past two years. During those 16-24 months, each town held working meetings of their Plan Committee to develop their own individual comprehensive plan. This all works only if the intent and spirit of the comprehensive planning process is not thwarted by any outside forces, and only if each town understands that once completed, it is not a map and book you put on the shelf and ignore. It is a living process, a living intent for land use that was decided on, then presented to the public at informational meetings for each town. All was completed by Dec. 2009, and the Planning Committees became “Planning Commissions” upon approved resolution(s), appointments of members sworn in for three year terms until 2012, and the full adoption of the comprehensive plan presented. Mission accomplished, right?

The state has informed the county, who in turn has informed the towns involved, that those towns who opted and purchased “brochure” plans in lieu of “full plans” must “blend” their plans with the county plan. This is not the fault of the county, the towns, or SEH. This has taken a great deal of credibility away from the entire process. I’ve read a bit of the Shadow Wood Landing project in the Town of Russell. Now I don’t have a dog in that fight, but here’s the thing. My understanding is that the project is not consistent with their new comprehensive plan. I also understand that even though it has not received the go-ahead, that CFS LLC and their agents have already been charged with three DNR citations for work already started, including no stormwater permit, no erosion control plan and failure to monitor erosion control plan best management practices or have erosion control reports.

These are serious concerns that show that neither the landowner nor CFS LLC and their agents have any regard for anything at all let alone the legal comprehensive plan for the Town of Russell or its intent. It also shows what to expect from those who would use the area that belongs to the taxpayers for their own pleasure, affecting those directly adjacent to the project. Judge John Anderson intervening and doing the right thing regarding how this was/is being handled was spot-on. Once again the spirit and intent of comprehensive planning cannot be ignored.

One caveat given to us all was not to let town boards ignore the process. Sadly this is what has happened in my own town of Pilsen /Moquah, already vulnerable without zoning to undesirable development without regard. A living, working comprehensive plan is the next best thing to being zoned. Shelving it without zoning is reckless.

People always ask that aged-old question: Why don’t more people come to town meetings or otherwise get involved. The answer is that it’s very similar to banging one’s head against the wall. It doesn’t feel good and just pisses you off. I only get involved with processes that work and are taken seriously. I am starting to wonder if I’ve wasted my time. To Donna Kramolis, whose family has owned and operated farmland for over half a century, to Robert Sukala, whose family has been dairy farm operators for over half a century, and to Tom Fratt, an expert in soil analysis, all sworn members of the Planning Commission for the Town of Pilsen, I am sorry that our work has been shelved. The 39 items we listed as “ongoing” in our comprehensive plan, the 39 items we felt important to retain the character and land use in the Town of Pilsen will not be completed. I am proud of our work regardless.

To Karl, Travis, Lisa David and others at Bayfield County Planning and Zoning, and to Mike Darrow and crew at SEH, your work is commendable. I just wish everyone else appreciated the work done the past two years. Work that apparently is being ignored.

Jeff Palicki
Former Chairman Planning Commission
Town of Pilsen/Moquah

Citations filed charging CFS-LLC with environmental violations

2010-03-12T11:29:00.007-06:00

Three citations were filed on February 22, in Bayfield Circuit Court charging CFS-LLC, a Minneapolis based corporation who is developing a 380 acre site on Compton road, with failure to control erosion, failure to develop an erosion control plan, and failure to obtain a construction site stormwater permit before land disturbance took place. These violations have a combined maximum penalty of over $44,000. A CFS representative will appear in Bayfield Circuit Court on April 5th to answer to the charges.

The CFS Corporation parcel is slated for a development known as Shadow Wood Landing, a fly-in, resort development with a jet aircraft capable airstrip, hotel, restaurant, bar, gas station, and high density housing. The site's steep hillside was cleared for development, which has resulted in stormwater runoff and erosion of soils into the wetlands that comprise the Pike's Creek headwaters. Pike's Creek is a well-known northern Wisconsin Class I trout stream.

CFS construction activity has also obliterated all evidence of an intermittent stream on this parcel, and destroyed multiple wetlands. This stream, and these wetlands, appear on current USGS and Bayfield County maps, as well as on the maps prepared by CFS-LLC's own engineering consultant.

Wisconsin State DNR and U.S. Army Corps of Engineers, who were denied access to the construction site by CFS-LLC, were forced to obtain a court order allowing the inspection that revealed these multiple environmental problems. CFS-LLC, subsequently, submitted a wetlands restoration proposal to these agencies to avoid additional citations for violating the Federal Clean Water Act.

At the same time that these violations were occurring, Annalisa Cariveau, CFS-LLC President and CEO, sent out a mailer to local residents, titled "Planting the Facts", in which she states:

"CFS has been proactive and has gone well beyond existing requirements to ensure protection measures are established and are in place when it concerns the environment. We will continue to work with our highly experienced team of professional engineers and planners to follow best practices throughout every phase of the project. Erosion and run off prevention methods have been implemented to protect the land. The ultimate goal for the storm water management plan throughout the entire duration of the project will be to actually provide more contained, better channeled, and cleaner water than it was in its previous over-logged state. Responsible use of best practices to achieve this objective will protect the surrounding environment and important ecosystems from any harmful impact."

Ms. Cariveau also states that "her inspiration for doing this development is a way to give back and do something positive for a community she holds dear to her heart." This developers' utter disregard for state and federal environmental regulations reflects her disingenuous attitude and behavior, and that of the corporation she represents.

CFS-LLC officials were unavailable for comment on these citations issued for violations of state environmental laws.

Town Board Votes Again March 16

2010-03-10T17:16:00.009-06:00

It appears that the Town of Russell Board is attempting to wear down the opposition to the CFS LLC 380 acre rezone proposal that was tabled at last night's meeting. Seventeen community members spoke in opposition and 1 in favor of the CFS Corporation's proposal to rezone 380 acres within a forested rural district, to build a proposed fly-in resort known as Shadow Wood Landing. The Board voted overwhelmingly in favor of tabling the rezone.

A mere 18 hours after the meeting adjourned, the Town called another special meeting for Tuesday, March 16, 2010 at the Community Center to take a revote on the rezone proposal.

The CFS-LLC rezone request of the 380 acre parcel in the Town of Russell will be heard at the County Zoning Meeting just 2 days later, on March 18th. The meeting schedule is as follows, unless the Town reposts the meeting date and/or time:

Town of Russell Board votes on rezone, March 16, 7 pm
Zoning Committee votes on rezone, March 18, 1 pm
County Board votes on rezone, March 30, 6 pm

Town Meeting Tuesday at 7 pm

2010-03-08T16:46:00.005-06:00

The Town of Russell is meeting Tues, March 9, 7 pm, at the Community Center, to vote on the original 2008 rezone application, which has now been resubmitted by CFS-LLC. Annalisa Cariveau, CFS-LLC president and ceo, has asked the citizenry, at last Thursday’s Plan Commission Meeting, to disregard her widely disseminated proposed plans for the parcel and just vote for the rezone and trust CFS-LLC to do what's right for the community.

CFS-LLC is requesting that 44.4 acres currently zoned Forestry (F-1) be rezoned commercial. Most of the currently zoned A-1 land will be relocated from one area of the parcel to another in order to accomodate a jet runway, and the remainder of the parcel with be changed from F-1 to R-RB. So what is currently 100 acres of A-1 and 280 acres of F, will become 44.4 acres of C, 247.3 acres of R-RB, and 78.6 acres of A-1. Over 90% of the parcel is slated for rezoning.

At previous Town and County meetings, Ms. Cariveau has outlined the Corporation’s plan for a large upscale residential resort development that will include a boutique hotel, restaurant, gas station, high density housing, and a jet airstrip.

Bill Bechtel sends letter to Sierra Club membership

2010-03-05T12:10:00.004-06:00

Be informed. Read Rick Olivo's Ashland Daily Press article, Shadow Wood developers cited for DNR violations.

The CFRLU just received from Bill Bechtel, former staff director to the late Senator Gaylord Nelson, an open letter he sent to the Sierra Club. Bill writes:

"As former staff director to the late Senator Gaylord Nelson, I continue to be involved in issues relating to the Apostle Islands National Lakeshore and the Bayfield peninsula.

"I have been asked by a citizens group if I would alert the Sierra Club to a serious threat in the form of a project proposed for that area -- described as "Shadow Wood Landing," an exclusive "fly-in community" featuring a private jet airport to serve a community of luxury condominiums and a hotel complex, planned by a Minneapolis corporation, to be built on 380 acres of what is now a heavily forested portion of the Bayfield peninsula.

"It is hard to imagine a project more threatening to this pristine area. Bayfield has been described as one of the most desirable small cities in the Nation, and the National Lakeshore has been described by National Geographic magazine as the most "pristine" unit in the national park system -- partly because its gateway is the city of Bayfield, on the shores of Lake Superior and its beautiful Chequamegon Bay. "

Read the full letter

Shadow Wood developers cited for DNR violations

2010-03-02T10:49:00.005-06:00

(Excerpted and modified from original Ashland Daily Press article by Rick Olivo)

Developers of the proposed Shadow Wood Landing project in northern Bayfield County have been handed another setback with a series of four Department of Natural Resources citations.

The citations charge developers with failing to obtain stormwater discharge permits, erosion control issues and failing to develop or implement a stormwater management plan.

The charges were filed Jan. 15, and were set for an initial appearance hearing in Bayfield County Circuit Court on March 1, but on the motion of District Attorney Craig Haukaas, were dismissed. The charges had been improperly filed against Annalisa Cariveau, president and chief executive officer of CFS LLC, instead of the corporation itself. Charges will be refiled perhaps as early as later this week.

Read full article.

Thanks to all who joined our celebration

2010-03-01T08:36:00.004-06:00

What a wonderful celebration we had yesterday at Stage North. Jason Melek, Evan and Paul, and Floydian Slip provided the great music. Two County Board candidates, Beth Meyers and Bill Bussey, spoke to the crowd and encouraged everyone to vote on April 6.

CFRLU sincerely thanks everyone who shared in our celebration and contributed to our campaign. A special thanks to all the musicians who provided entertainment. Thanks to Bill Bussey and Beth Meyers for sharing their thoughts with us, and thank you to Noah Siegler and his staff at Stage North for hosting our event.

Celebration and Our Work Continues....Issue being hurried through new process

2010-02-22T10:42:00.010-06:00

Join Us at Stage North for our Celebration on February 28th. Live music- good times!

However, our work continues. The County is quickly ushering the issue through the requisite meetings. Here's the meeting schedule:

Town of Russell votes on rezone, March 9
Zoning Committee votes on rezone, March 18th
County Board votes on rezone, March 30th

The Shadow Wood Development rezone process, which has been described by the developer as the largest rezone in the history of Bayfield County, needs to provide the appropriate opportunity for public input, which was initially ignored, and to address the substantial issues relative to this project.

We, the citizens of Bayfield County, have the opportunity to vote for County Board members on April 6th. Be sure to mark your calendar and vote on April 6th.

Judge takes Bayfield County to task in Shadow Wood decision

2010-02-18T16:41:00.006-06:00

Bayfield County Circuit Court Judge John Anderson, in his written decision in the case of Bayfield CFRLU vs Bayfield County, said Bayfield County proceeded under an "incorrect theory of law" when they agreed to rezone 380 acres of northern Bayfield County land using ordinary zoning regulations.

The Judge’s decision unambiguously reverses the rezone of the 380 acre CFS property. The county is chided for the “curious proposition” that it could fail to apply its ordinance but attempt to deny the challengers’ standing to correct that error. The judge declares that “the plaintiffs… have every right to seek enforcement of the laws governing” navigable waters.

The Bayfield Committee for Responsible Land Use (CFRLU) suit raised various issues contesting the validity of the County Board’s decision. However, the judge felt no need to address any issue other than the presence of navigable waters, because the Board’s failure in that matter was undeniable.

It is the position of the Bayfield Committee for Responsible Land Use that the County should start the process over from the beginning, with a new application, in order to provide the appropriate opportunity for public input, which was initially ignored, and to address the additional substantial issues relative to this project, which has been described by the developer as the largest rezone in the history of Bayfield County.

Read the Judge's decision, www.committeeforresponsiblelanduse.com/pdf/Written_Decision_Feb2010.pdf
Read the Ashland Daily Press article, www.committeeforresponsiblelanduse.com/pdf/Judgetakescountytotask.pdf

Court sends Shadow Wood Landing rezone back to square one

2010-02-02T11:57:00.004-06:00

Judge reverses zoning change and remands to Bayfield County

By RICK OLIVO
Staff Writer
Published: Tuesday, February 2, 2010, Daily Press, Ashland, WI
Reprinted with permission

WASHBURN — Following about 40 minutes of oral arguments, Bayfield County Circuit Court Judge John Anderson Monday reversed a zoning change on 380 acres of land in Bayfield County's Town of Russell and sent the matter of Shadow Wood Landing back to the Bayfield County Board for reconsideration.

The rezoning is the first step in a planned exclusive fly-in development that would eventually include such amenities as a private airstrip, associated condominiums and a hotel complex. A Minneapolis-based group called CFS-LLC proposed the development and sought the rezoning changes needed to create the project.

Opposing the project is a group called "Committee for Responsible Land Use," made up primarily of area landowners, which asserts the project was developed arbitrarily and without adequate community input, does not meet requirements of the Town of Russell Land Use Plan and doesn't meet shoreland zoning requirements based on the presence of a navigable stream on the property. Anderson made his ruling based on only one of those three arguments advanced by the plaintiffs, the issue of shoreland zoning.

[Read the entire article]

Court finds in favor of Bayfield CFRLU

2010-02-01T18:09:00.005-06:00

Thank you to everyone who came out early this morning to show support in the courtroom. And thank you to all who have supported our cause over the past year. The court ruled in favor of the Bayfield Committee for Responsible Land Use in our case against Bayfield County for the rezone of the CFS-LLC 380 acre property on Compton Road.

Watch this spot for details!

Court Hearing Monday, February 1st

2010-01-28T17:19:00.002-06:00

On February 1st, at 8:15 am in the Bayfield County Courthouse, Judge Anderson hears the case of Bayfield County Committee for Responsible Land Use et al vs. Bayfield County.

The County Board is responsible for the protection of its water resources, specifically in this case, a navigable stream and the headwaters of a protected Class I trout stream, Pike’s Creek. Bayfield County’s water resources belong to all the citizens of the county, and our elected representatives are not only expected, but required, to protect these resources when making zoning decisions.

Be at the Courthouse Monday, February 1st, at 8:15 am, to show your concern with the manner in which the County Board has handled this rezone.

Join Us February 1, 8:15 am

2010-01-23T08:30:00.001-06:00

On February 1, at 8:15 am, Judge Anderson will hear oral arguments and make a decision in the case of Bayfield County Committee for Responsible Land Use et al vs. Bayfield County.

The Bayfield County Board is, ultimately, responsible for making an informed, independent determination on rezone requests, and may not simply defer to the Town Board. The County Board is held accountable for the protection of County lands, wetlands, navigable streams, and, in this case, a protected Class I trout stream. Our Board must not be allowed to abdicate its responsibilities.

Join us February 1st at 8:15 am in the Bayfield County Courthouse.

Your Elected Representatives Working for You?

2009-12-28T10:40:00.007-06:00

Bayfield County residents – you should be angry and outraged. Your elected representatives are not working in your best interest. A Minneapolis developer presented Town of Russell and Bayfield County officials with a plan for an up-scale, fly-in resort and boutique hotel complex, and the vague promise of a few jobs, and received Town of Russell approval for the plan, even though the location was obviously inappropriate for a large resort and jet airstrip. The Zoning Committee recommended the zoning change in spite of the widespread public opposition to spot zoning to accommodate this inappropriate project. The Bayfield County Board approved this zoning change even though the board room was filled to standing room only with county residents speaking against this accommodation. The biggest rezone in the history of Bayfield County was routinely passed without the thorough review requested by county residents, and which was appropriate for a complex proposal of this magnitude. No member of the Zoning Committee, or County Board, visited the proposed development site prior to offering their recommendation, or vote, on this critical issue.

The proposed resort, if allowed to proceed, will negatively impact the appeal of the Bayfield experience in more ways than we can mention here. Some obviously are - jet aircraft flying low over the National Park will disturb sailors, kayakers, campers, and fishermen. Jet aircraft noise will negatively impact the business of local berry and apple farms. Additionally, the business-class jet airport on Madeline Island, which just had a 1.5 million dollar makeover, and is supported by Island hotels, restaurants, and the golf course, will likely lose business to an airport/resort on the mainland. The negative impact therefore, extends far beyond the local Town of Russell.

The Committee for Responsible Land Use has challenged the zoning change. You can help us win our case. Turn your anger into action. Donate to our cause, www.committeeforresponsiblelanduse.com/donate.html. Vote those who voted for the rezone out of office: William Kacvinsky, Shawn Miller, Kenneth "Bucky" Jardine, James Beeksma, David Good, Brett Rondeau, and Wayne Williams.

With your help, we can preserve the unique environmental resources and quality of life in our community.

Lies, damned lies, and statistics

2009-10-02T16:06:00.007-05:00

In a previous post, we promised to address the most heinous statements CFS-LLC President and CEO, Annalisa Cariveau, made in her direct mail propaganda campaign titled "Planting the Facts: Seeding the roots into the community for a growing future." It is a daunting task as the mailings are fraught with vague, inaccurate, misleading, and often contradictory statements.

We'll start with a post on Ms. Cariveau’s statistical reporting errors. After comparing her numbers to the actual survey results that she quotes, it appears that not only are some of the reported percentages inaccurate, and the survey questions misquoted, but the attribution is also incorrect. Ms. Cariveau refers to both the 2008 Town of Russell Comprehensive Plan Survey Results and the 1999 Town of Russell Land Use Survey as the Land Use Plan Survey. She quotes the 10 year old survey results when the new survey does not support her assertions. Perhaps Ms. Cariveau believes that the residents of the Bayfield peninsula will not read the Town of Russell Comprehensive Plan Survey Results and figure out what she’s up to. You can view the Survey Results yourself at www.committeeforresponsiblelanduse.com/pdf/Comp_Plan_Quest_Results.pdf. We are disappointed that Ms. Cariveau shows a lack of respect for the intellect of the citizens for whom she is so eager to do “something incredible that could really give back to the area."

Ms. Cariveau states in “Planting the Facts, Vol. 2”, “We believe a large majority of residents of Bayfield County support the project.” To support this statement, Ms. Cariveau uses statistics from the Town of Russell Comprehensive Plan Survey Results. She writes, “More than 75% of respondents say that residential development should be encouraged and allowed selectively.” What Ms. Cariveau doesn’t mention, however, is that this 75% represents 31 Town of Russell residents. This is clearly not a majority of Bayfield County residents. Ms. Cariveau also doesn’t mention the type of residential development these 31 people would encourage - affordable housing, and elderly/assisted living. The majority of respondents agree that Bayfield County doesn’t "need any more" vacation homes, high-priced housing, and condos.

Ms. Cariveau, you are selectively using and misrepresenting statistics to “Plant propaganda.” We don't believe that 31 people in the Town of Russell who encourage affordable housing, and elderly/assisted living can be described as a large majority of Bayfield County residents supporting the Shadow Wood Landing commercial development and jet landing strip.

Ms. Cariveau states, to illustrate community support for the Shadow Wood Project, that “70% felt that clustering residences in order to conserve open spaces should be allowed.” The actual question on the survey is, “Should Bayfield County allow the option of clustering or grouping of single family residences on a large acreage in order to conserve wooded areas, open spaces or scenic views, and provide for the efficient provision of public services with no increased density over conventional development.” [emphasis added]

The portions of the question that Ms. Cariveau left out, "single family residences," and "no increased density over conventional development,” are extremely significant. Ms. Cariveau's proposed development is for high density housing, rental units, condos, and a hotel in the midst of forest and agricultural land. The survey respondents were not asked if they support the type and density of development that Ms. Cariveau plans. Ms. Cariveau has misrepresented the expressed desires of residents by selectively omitting the portions of the survey question that do not support her argument.

There are many more examples of the inaccurate, false, or misleading use of statistics in the "Planting the Facts" mailers. In the interest of brevity, we'll leave it to you to read the Survey Results and see who is planting what.

Correction

2009-08-25T11:40:00.001-05:00

In a previous blog post, we reported that SEH is working with both CFS-LLC and the Town of Russell. Although, according to published Town of Russell meeting minutes, CFS-LLC contacted SEH to “do a master plan for their development”, Mike Darrow of SEH has informed us that “SEH has not entered into a contract with CFS-LLC.” The CFRLU appreciates SEH’s commitment to high ethical standards, and their decision to avoid this obvious conflict of interest. We thank Mr. Darrow for this clarification.

Dysfunctional Planning

2009-08-23T11:13:00.015-05:00

The Shadow Wood Landing Commercial Development is approximately 10 miles from Bayfield, and 12 miles from Cornucopia. This huge commercial development in the midst of forest lands sticks out like a sore thumb in the midst of our rural Town. It is not only inappropriate, but also looks extremely out of place on the Comprehensive Planning map, which was unveiled at the August 11th public Comprehensive Plan open house.

If the Town proposes that the Village of Red Cliff, whose commercial development takes up less than 40 acres of land now, will, in the next 10 years, grow along a 3 mile strip of Highway 13, to within a few miles of the Shadow Wood Landing development, then, perhaps, it won’t look quite so out of place. However, it is ludicrous to believe that Red Cliff commercial needs will expand 20 fold and utilize approximately 720 acres of residential, tribal, and forest lands.

Let’s preserve our premier viewshed and lobby for a clustered commercial village development that would be aesthetically pleasing, and also promote easy vehicular and pedestrian access. Urban planning principles dictate that commercial development should be situated adjacent to towns. To repeat our last post, a competent urban planner could assist with the design of a well thought out, visually appealing and consumer friendly, commercial village design that would appeal to current residents, and promote tourism.

The Town of Russell residents have clearly expressed their preference for maintaining the rural character of the Town. One has to wonder if this substantial change in the Land Use Plan/Comprehensive Plan Future Land Use Map hasn’t been made to accommodate the extension of sewer service out to the proposed Shadow Wood Landing Development. If this is the Town Board’s hidden agenda, what will the eventual impact be on taxpayers, and on corridor residents who will likely be forced to connect to this line and pay an assessment? Think about it, and ask yourself why the Town is “selling out” our greatest asset to accommodate an out of town developer.

What is a viewshed?

2009-08-12T11:46:00.006-05:00

A viewshed is a term used widely in urban planning and is used by SEH in the handouts available at the Comprehensive Plan meeting on August 11th. A viewshed refers to an area visible to an observer from a certain vantage point. It usually includes elements of natural interest and precludes unwanted visual incursions like tall buildings, towers, and scattered, poorly sited commercial buildings. The Town of Russell’s premier viewshed is the view of surrounding wildlife, trees, and Lake Superior that people presently enjoy from Highway 13 on the scenic drive to Red Cliff and Bayfield from the west. Preserving this viewshed requires a commitment to ensure that the area’s unique natural setting is kept intact and not undermined by the sight of new structures looming over the trees, or commercial buildings dotting the roadside.

To preserve the viewshed in Russell, commercial development should be clustered in or adjacent to the Town of Red Cliff, rather than strung along a narrow, 3 mile strip along Highway 13. A clustered commercial development would not only improve aesthetics, but also promote easy vehicular and pedestrian access. A good urban planner can assist with the design of a well thought out, visually appealing and consumer friendly, commercial village design that would appeal to current residents, and promote tourist shopping.

Our next post: How this applies to the Shadow Wood Development.

Town of Russell Comp Plan Meeting, August 11

2009-08-08T13:39:00.006-05:00

Be sure to attend the Town of Russell Comprehensive Plan Public Input Meeting , Tuesday, August 11, 5 - 7 pm at the Community Center on County K. This is your opportunity to comment and provide input. For questions, call Dave Good, Town Clerk, 779-5401.

You can view the “Land Use Table and Illustration,” “Existing Land Use Map,” and “Future Land Use Map,” on the Bayfield County Comprehensive Plan site, http://www.sehinc.com/online/bayfieldco/russell.html. Look at the land use categories in the “Land Use Table and Illustration,” and note that there is seemingly no category listed to accommodate a large scale commercial development and jet landing strip in a rural or forested area.

Selling Shadow Wood: campaign of misinformation

2009-07-25T15:11:00.015-05:00

CFS-LLC President and Chief Executive Officer, Annalisa Cariveau, is engaged in a direct mail campaign titled "Planting the Facts: Seeding the roots into the community for a growing future." She is using a myth/fact format in the mailings in an effort to persuade the local community, particularly those opposed to her development, that she is a benevolent benefactor of the local community doing “something incredible that could really give back to the area."

We began our own myth/fact blog entry to answer Annalisa’s vague, unsupported, and often contradictory statements, but the post was approaching book-length. We will address the most heinous statements in our future posts, but first, we’d like to share comments from P. Michael Saint, Chairman and CEO of The Saint Consulting Group, who counsels clients on how to use “a skillfully crafted and executed land-use campaign [to] generate widespread grassroots support and appropriate levels of targeted political pressure at critical points in order to win [a land use battle].” Their consulting group has “won more than 90 percent of the battles [they’ve] been called upon to fight” for clients such as large-scale housing developments, landfills, quarries, heavy industry, and “anyone who absolutely must win a tough land use battle”. CFS-LLC President and Chief Executive Officer, Annalisa Cariveau has taken a page out of their play-book:

According to P. Michael Saint, “Developers think if they shout ‘jobs’ and ‘taxes’ loud enough it will overcome people that are afraid. There’s a disconnect there. The fear people feel becomes passion, which is easily translated into political action. It’s time to learn new approaches to prevent that chain reaction of opposition. The key is not to address the people in favor of a project — they seldom become active in their support — but to focus on opponents,” he says.
"Grassroots opponents have become more sophisticated, using Internet campaigns and quickly organizing themselves into groups,” Saint says. “The company needs to spend the shoe leather and go out into the neighborhoods. Get out and meet people to prevent them from organizing against you."

Interestingly, The Saint Consulting Group recognizes on their blog the CFRLU effort as an example of organized citizens effectively employing Web based media to inform local residents of the likely negative consequences of a specific proposed development. One can only speculate as to how the Stratosphere Landing Airport, Shadow Wood Landing, and the efforts of the CFRLU to resist this inappropriate development proposal in Bayfield County, Wisconsin, has come to the attention of this multi-national consulting firm. It may be no coincidence that CFS-LLC President and CEO, Annalisa Cariveau has recently initiated a direct mail campaign designed to “sell” her development proposal to the community. Her “Planting the Facts” mailings are long on flowery rhetoric, full of pleasant-sounding “buzzwords”, and deliberately short on specifics. She, apparently, believes that Bayfield County residents lack the sophistication to know the difference. The CFRLU believes she is wrong.

You can learn more about The Saint Consulting Group’s strategies for manipulating public opinion and government officials on their Website/blog, http://tscg.biz/.

Annalisa Sends Solicitation to Community Members

2009-06-15T09:44:00.007-05:00

CFS-LLC President and Chief Executive Officer, Annalisa Cariveau, is sending out a new email solicitation titled "Invitation to Plant the Facts". After the negative response to her deceptive email last week sent to some local business owners and community leaders asking them to "sign up for sustainability", she is now soliciting contact information from some local residents, so she can send a "Planting the Facts mailer".

Annalisa reviewed her development plans with the Bayfield County Economic Development Committee a few weeks ago, seeking support for her "sustainable and green" development. As in her previous presentations to the Town of Russell, and the County Zoning Committee, she describes her venture in vague, general terms, sharing little specific information. When asked directly about the airport noise and pollution, she replied that only a few planes will land at her luxury fly-in resort community. Of course, to be commercially successful, more than a few business class jet aircraft will need to regularly utilize the Stratosphere Landing Airport for which CFS-LLC has requested FFA approval.

Tell Annalisa you want the facts - the real facts. Tell Annalisa that propaganda, and not facts, are "planted". Facts are self-evident truths, which have been largely conspicuous by their absence in Annalisa’s assessment of the impact of her Shadow Wood Landing Airport and development upon the local community. Specifically, how will the proposed Shadow Wood Landing Airport, hotel, restaurant, gas station and luxury home development sustain the rural character, natural resources, and quality of life of the Bayfield Peninsula? What will this development really sustain other than the income stream for the Cariveau family and a few associates? Who are the CFS-LLC investors and officers?

See Annalisa's "Planting the Facts: Seeding the Roots into the Community for a Growing Future" Website at http://plantingthefacts.com/Planting_the_Facts/Home.html.

Annalisa Seeks Support

2009-06-10T14:49:00.005-05:00

CFS-LLC President and CEO, Annalisa Cariveau, sent out a nebulous and misleading email today to some local business and community leaders. She asked that they "Sign Up to Support Sustainability". Annalisa knows that Bayfield supports sustainability as a concept, that Bayfield seeks to be an "Eco-municipality", and that the community has ongoing efforts in support of more sustainable living.

However, if you click on the link, you will be included among those who support her planned private luxury fly-in community and high density housing development, Shadow Wood Landing, in the Town of Russell.

Tell your friends and local businesses about this deceptive email and warn them not to click the link.

CFRLU Legal Challenge

2009-05-27T10:03:00.004-05:00

We would like to extend our sincere thanks to everyone who has sent in a donation to our legal defense fund. Your generous support of the Bayfield County Committee for Responsible Land Use is greatly appreciated.

Our first court appearance was on May 22nd. Bayfield County's attorney asked for a delay and the matter will be continued in August.

Your ongoing financial support remains critical to our ultimate success. Please consider sending a donation to help us overturn this largest rezone in the history of Bayfield County. [Download a donation form]

Shadow Wood Landing: the "Aspen of the Midwest?"

2009-05-21T10:12:00.005-05:00

It has been suggested that the developer wants to make Bayfield "The Aspen Colorado" of the upper Midwest, and that this development will create substantial employment opportunities and new business for area merchants. Those who directly experienced the construction "boom" in Aspen note that virtually all labor and materials were imported from Denver or Salt Lake City, and that local citizens and businesses were not benefitted. It is highly likely, in spite of claims to the contrary, that this Minneapolis developer will import her resources from the Twin Cities, and long-term "substantial employment opportunities" will, most likely, be service sector jobs such as waitressing, house cleaning, and motel room cleaning. In addition, as upscale construction proceeded in Aspen, living costs and taxes escalated so substantially, that families who had lived and worked there for generations could no longer afford the area, and were forced to relocate. The Shadow Wood Landing development could, ultimately, have a similar effect on the Bayfield community should the out-of-state developer realize her "vision".

Planning and Zoning

2009-05-06T20:20:00.002-05:00

We came across an interesting article by Bruce Lindgren, titled “Air Power,” that we’d like to share with our blog readers. The author, who neither supports nor opposes the Shadow Wood Landing development, believes that those charged with making zoning decisions “should vigorously defend the integrity of the planning process.”

Lindgren says that “A Land Use Plan was adopted by the Bayfield County Board in 2003. Development of a Comprehensive Plan is currently underway. Both efforts should be honored as controversy swirls amidst the proposed development.”

It is paramount that those making zoning decisions use the plans that the County residents have expended money, time, and a lot of effort, to craft.

Read “Air Power”
Read the Comprehensive Plan Questionnaire Results for the Town of Russell

Answer to anonymous comment

2009-04-28T19:44:00.006-05:00

We'd like to answer the anonymous comment, "Do you have a copy of the presentation you can add here?" referring to the CFRLU presentation to the City of Bayfield.

The CFRLU speakers presented a synopsis of the concerns and objections of a great majority of the Bayfield County residents, which are expressed here on this blog, and on the Committee for Responsible Land Use Website.

Committee Shares Town Resolutions with the County

2009-04-27T16:23:00.005-05:00

At the April 21st Bayfield County Board Meeting, Russ Klinger read the April 14, 2009, Town of Russell resolution into the public record: "The Town of Russell shall reverse the decision to recommend the rezone of the 380 acre CFS,LLC property on Compton Road."

Following this reading, Tom Galazen read the April 20th Town of Bayfield resolution into the public record: "Residents of the Town of Bayfield assert and reaffirm our opposition to the large scale resort complex and airstrip development, known as Shadow Wood Landing, planned for our northern border. We call upon the Town Board to pursue policies and utilize influence, within its means, to stop this project."

City of Bayfield Supports Bayfield County CFRLU

2009-04-27T15:46:00.006-05:00

At the City of Bayfield Council Meeting, April 21, 2009, the CFRLU made a presentation on the objections to the Shadow Wood Landing Project held by a majority of the county residents. A motion was made by Councilman McMullin and seconded by Councilman Fredenberg, "to support the efforts of the Bayfield County Committee for Responsible Land Use." The motion passed.

There is overwhelming sentiment in the community not to compromise our environment, our values, and our economic future for the exclusive benefit of a single out of town developer. Call your County Supervisor and let him know that you value and support responsible, thoughtful, community approved development in the Bayfield Peninsula.

Town of Bayfield Supports CFRLU

2009-04-24T19:31:00.003-05:00

At the April 20, 2009, Town of Bayfield Annual Meeting, citizens voted on the motion: "Residents of the Town of Bayfield assert and reaffirm our opposition to the large scale resort complex and airstrip development, known as Shadow Wood Landing, planned for our northern border. We call upon the Town Board to pursue policies and utilize influence, within its means, to stop this project." The motion passed.

The citizens of the Bayfield have expressed their legitimate concerns and overwhelming opposition to the Shadow Wood Landing project, a venture of CFS-LLC, a Twin Cities based developer with no prior development experience. Call your County Supervisor and let him know you want the rezone decision to be reversed.

The Community Speaks!

2009-04-15T07:38:00.007-05:00

At the April 14, 2009, Town of Russell Annual Meeting, a Committee for Responsible Land Use member made a resolution that, "The Town of Russell reverse the decision to recommend the rezone of the 380 acre CFS,LLC property on Compton Road." A vote was taken, and the resolution passed. The community spoke.

Annalisa Cariveau, CFS,LLC President, has repeatedly stated that the community is in favor of the proposed development. She is clearly wrong. The community has shown, both last night, and at the September 30, Bayfield County Board of Supervisors' Meeting, that there is overwhelming public sentiment opposing this development. Talk to your County Supervisor and tell them you want the decision to rezone to be reversed.

Town of Russell Annual Town Meeting April 14, 6 pm

2009-04-14T11:11:00.004-05:00

Here's your chance to voice your unhappiness with the Town of Russell rezone procedure for the 380-acre CFS, LLC owned parcel. The Annual Town of Russell Meeting is at the Community Center, at 6 pm April 14, 2009. Be there to vote on the Committee resolution. The resolution will be made if there are enough community members there to vote for it.

Suit filed over Shadow Wood Landing project

2009-04-02T22:24:00.000-05:00

A lawsuit has been filed against Bayfield County in response to its September 30 decision to rezone lands for a controversial development, Shadow Wood Landing, a private, members only community, which includes plans for a private jet landing strip, a hotel, restaurant, bar, gas station, rental condominiums, and private homes, in rural Russell Township approximately 5 miles northwest of Bayfield. CFS, LLC, the Twin Cities development company planning the project, has no prior development experience.

Committee for Responsible Land Use Discusses Comment

2009-03-18T17:01:00.000-05:00

Bob asked in his comment, "Who is CFS, LLC?"

Good question, Bob. The CFS, LLC team and investors have kept their identities concealed. We know that Wayne Nelson is associated in some way with the project. The President and CEO of CFS, LLC, Annalisa Cariveau, is a college student. Annalisa's mother, Wendy, is listed as the Business Manager for CFS, LLC. Annalisa is, most likely, fronting the organization for her Dad, Mike Cariveau. CFS, LLC documents list either Mike Cariveau's business or home address. You may be familiar with Mike Cariveau because he's the person responsible for bringing the cigarette boat rally to the Apostle Islands.

Committee for Responsible Land Use files legal claim

2009-03-14T14:12:00.001-05:00

Bayfield County residents, business owners, and community leaders, living near a 380-acre parcel proposed for development as a private airstrip, condominiums and hotel complex, formed a group called the "Committee for Responsible Land Use" and have filed a legal claim against Bayfield County, to zoning changes on the property in the Town of Russell. The group seeks to halt a development to be known as "Shadow Wood Landing," which includes plans for a private jet airstrip, 125 housing units, condominiums, a hotel and tavern, and gas station. The Bayfield County Board discussed the claim behind closed doors at their March meeting.