MINUTES KENOSHA COUNTY LAND USE COMMITTEE VVednesday,August11, 1999

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1 I!Jf MINUTES KENOSHA COUNTY LAND USE COMMITTEE VVednesday,August11, 1999 Minutes of the Kenosha County Land Use Committee public hearing held on VVednesday, August 11, 1999, at 7:00 p.m. in the Kenosha County Center Public Hearing Room, th Street, Bristol, VVisconsin. Members Present: Supervisors Thomas J. Gorlinski, Mark Modory, Donald Smitz. Supervisors Brenda Garey-Mielke and Gordon VVest were excused. Also Present: Larry B. Brumback, Director of Division of County Development John F. Roth, Principal Planner Judith M. Penava, Administrative Secretary The meeting was called to order at 7:05 p.m. by Chairman Gorlinski. 1. CHRISTOPHER J. NYE AND CINDY A. LONG-NYE - REZONING - VVHEATLAND - APPROVED Christopher J. Nye and Cindy A. Long-Nye, h Avenue, Burlington, VVI , requesting rezoning from C-1 Lowland Resource Conservancy District to A-2 General Agricultural District on part of Tax Parcel # , located in the northeast quarter of Section 32, Township 2 North, Range 19 East, Town of VVheatland. Supervisor Smitz made a motion to recommend to the Kenosha County Board of Supervisors that the rezoning request of Christopher J. Nye and Cindy A. Long-Nye on part of Tax Parcel # , Town of VVheatland, be approved. The motion was seconded by Supervisor Modory and passed unanimously. (Begin #30 - Motion #87) 2. GEORGE P. AND DIANE S. GRENUS- REZONING- VVHEATLAND- APPROVED George P. and Diane S. Grenus, h Street, Burlington, VVI (Owners); Heather and Owen Russell, th Street, Burlington, VVI 53105, Dawn and Steven Stensloff, 1101 Alma Circle, Round Lake, IL (Buyers); requesting rezoning from A-1 Agricultural Preservation District to A-2 General Agricultural District and R-2 Suburban Single-Family Residential District (36.4 acres) on Tax Parcel # , located in the southeast quarter of Section 31, Township 2 North, Range 19 East, Town of VVheatland. Supervisor Smitz made a motion to recommend to the Kenosha County Board of Supervisors that the rezoning request of George P. And Diane S. Grenus on Tax Parcel # , Town of VVheatland, be approved. The motion was seconded by Supervisor Modory and passed unanimously. (Begin #96- Motion #212) Land Use Committee Minutes

2 /15 3. CLARENCE C. DABBS. JR. AND RUTH DABBS - REZONING - BRIGHTON - APPROVED Clarence C. Dabbs, Jr. and Ruth Dabbs, th Street, Salem, WI , requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District and from R-1 Rural Residential District to A-1 Agricultural Preservation District on part of Tax Parcel # , located in the southeast quarter of Section 31, Township 2 North, Range 20 East, Town of Brighton. Supervisor Modory made a motion to recommend to the Kenosha County Board of Supervisors that the rezoning request of Clarence C. Dabbs, Jr. And Ruth Dabbs on Tax Parcel # , Town of Brighton, be approved. The motion was seconded by Supervisor Smitz and passed unanimously. (Begin #233- Motion #294) 4. FINAL PLAT OF STONEHEDGE ESTATES SUBDIVISION- SALEM- APPROVED Final Plat of Stonehedge Estates Subdivision, Mark W. Neumann, 4328 Fox Hills Drive, Janesville, WI (Developer), located in the southwest quarter of the northwest quarter of Section 35, Township 1 North, Range 20 East, Town of Salem. Supervisor Modory made a motion to recommend to the Kenosha County Board of Supervisors that the Final Plat of Stonehedge Estates Subdivision, Town of Salem, be approved subject to the following conditions: NOTE: These conditions are based on a final plat dated July 7, All conditions delineated in the preliminary plat approval letter dated June 24, 1999 from George E. Melcher, Director, Kenosha County Department of Planning and Development to Natale and Erika Abbate and Mark W. Neumann. (Exhibit A, attached). 2. All conditions of approval required by the Salem Town Board. 3. Subject to any and all conditions placed on the final plat by the Wisconsin Department of Administration Plat Review Unit. A letter of non-objection must be received prior to recording of the final plat. 4. Subject to the subdivision development agreement signed by the developer and the Town of Salem. 5. The developer shall be responsible for implementation and maintenance of the stormwater management and erosion control plans prepared by Welch, Hanson, & Associates and shall be subject to onsite review by the Department of Planning and Development during the construction process. 6. Subject to the restrictive covenants for Stonehedge Estates as revised to require a minimum of 1600 square feet for a single story home (Exhibit B, attached). Land Use Committee Minutes

3 /It, 7. County Trunk Highway "JF" is incorrectly labeled as 199th Street and must be corrected to be 119th Street. 8. Subject to the wetland delineation being approved by the Southeastern Wisconsin Regional Planning Commission (SEWRPC). 9. The developer is responsible for implementation and maintenance the landscape plan including street tree planting requirements. 10. The final plat shall not be signed by county officials and recorded until all of the above stated conditions are met to the satisfaction of the Department of Planning and Development. 11. It is the total responsibility of the petitioner to assure and guarantee that the above stated conditions are fully complied with. Any deviation from the approved plans may result in a stop work order until such time as the project is brought back into compliance. Mark W. Neumann, Developer, signed the conditions, indicating that he had read and understood them and agreed to comply with them. The motion was seconded by Supervisor Smitz and passed unanimously. (Begin #301 - Motion #413) 5. BADGER CORK & MANUFACTURING CO.. D/B/A AMORIM INDUSTRIAL SOLUTIONS- CONDITIONAL USE PERMIT- SALEM- TABLED Badger Cork & Manufacturing Co., d/b/a Amorim Industrial Solutions, P.O. Box 25, Trevor, WI (Owner); Warren W. Weiland, Controlled Environment Buildings, 1337 Pearl Street, Waukesha, WI (Agent); requesting a Conditional Use Permit to allow the expansion of the existing cork manufacturing facility on Tax Parcel # , located in the northwest quarter of Section 27, Township 1 North, Range 20 East, Town of Salem. Supervisor Modory made a motion to table the Conditional Use Permit request of Badger Cork & Manufacturing Co., Town of Salem, to allow additional time for the petitioner to meet with the Town of Salem and the Department of Planning and Development with regards to the conditions. The motion was seconded by Supervisor Smitz and passed unanimously. (Begin #426- Motion #921) 6. BETIY KURZ AND AUDREY GRADMAN - CONDITIONAL USE PERMIT - BRISTOL - APPROVED Betty Kurz and Audrey Gradman, 6942 N. Kestner Avenue, Lincolnwood, IL (Owners); Diann Goggins and Victoria Schultz, Spring Street, Union Grove, WI (Buyers); requesting a Conditional Use Permit in the A-2 General Agricultural District to allow a hobby kennel on Tax Parcel # , located in the southeast quarter of Section 32, Township 1 North, Range 21 East, Town of Bristol. Land Use Committee Minutes

4 1!7 Supervisor Smitz made a motion to approve the Conditional Use Permit request of Betty Kurz and Audrey Gradman, Town of Bristol, subject to the following conditions: NOTE: These conditions are based on a final plat dated July 7, All conditions delineated in the preliminary plat approval letter dated June 24, 1999 from George E. Melcher, Director, Kenosha County Department of Planning and Development to Natale and Erika Abbate and Mark W. Neumann. (Exhibit A, attached). 2. All conditions of approval required by the Salem Town Board. 3. Subject to any and all conditions placed on the final plat by the Wisconsin Department of Administration Plat Review Unit. A letter of non-objection must be received prior to recording of the final plat. 4. Subject to the subdivision development agreement signed by the developer and the Town of Salem. 5. The developer shall be responsible for implementation and maintenance of the stormwater management and erosion control plans prepared by Welch, Hanson, & Associates and shall be subject to onsite review by the Department of Planning and Development during the construction process. 6. Subject to the restrictive covenants for Stonehedge Estates as revised to require a minimum of 1600 square feet for a single story home (Exhibit b, attached). 7. County Trunk Highway "JF" is incorrectly labeled as 199th Street and must be corrected to be 119th Street. 8. Subject to the wetland delineation being approved by the Southeastern Wisconsin Regional Planning Commission (SEWRPC). 9. The developer is responsible for implementation and maintenance the landscape plan including street tree planting requirements. 10. The final plat shall not be signed by county officials and recorded until all of the above stated conditions are met to the satisfaction of the Department of Planning and Development. 11. It is the total responsibility of the petitioner to assure and guarantee that the above stated conditions are fully complied with. Any deviation from the approved plans may result in a stop work order until such time as the project is brought back into compliance. Diann Goggins, Buyer, signed the conditions, indicating that she had read and understood them and agreed to comply with them. The motion was seconded by Supervisor Modory and passed unanimously. (Begin #946 - Motion #1143) Land Use Committee Minutes

5 /I~ 7. RICKY L. HILL- CONDITIONAL USE PERMIT- BRISTOL- TABLED Ricky L. Hill, Winfield Road, Bristol, WI 53104, requesting an amendment to a previously approved Conditional Use Permit in the 1-1 Institutional District with reference to building setbacks for existing hangars on Tax Parcel # , located in the northwest quarter of Section 28, Township 1 North, Range 21 East, Town of Bristol. Supervisor Modory made a motion to table the Conditional Use Permit request of Ricky L. Hill, Town of Bristol, at the request of the petitioner. The motion was seconded by Supervisor Smitz and passed unanimously. (Begin # Motion #1162) 8. TABLED REQUEST OF IRWIN M. EISEN REVOCABLE TRUST - REZONING - SALEM- REMAINS TABLED Tabled request of Irwin M. Eisen Revocable Trust, Irwin M. Eisen Trustee, 1770 First Optima Center, Highland Park, IL (Owner); Phillips, Richards, Mayew & Corrigall, th Street, Kenosha, WI (Counsel); requesting rezoning from A-1 Agricultural Preservation District to R-7 Suburban Two-Family and Three-Family Residental District (5 acres) and A-2 General Agricultural District (16.59 acres) on Tax Parcel # located in the southeast quarter of Section 24, Township 1 North, Range 20 East, Town of Salem. 9. TABLED REQUEST OF MARLIN M. SCHNURR AND CHARLOTTE A. SCHNURR REZONING - SALEM- WITHDRAWN Tabled request of Marlin M. Schnurr and Charlotte A. Schnurr, P.O. Box 56, Wilmot, WI (Owners); J. Tyson and Associates Inc., JoAnn Tyson, President 1200 Main Street, Union Grove, WI (Buyer); Joseph M. Capelli, h Street, Salem, WI (Counsel); requesting rezoning from R-4 Urban Single-Family Residential District to B-2 Community Business District on Tax Parcels # , # and # , located in the southwest quarter of Section 30, Township 1 North, Range 20 East, Town of Salem. Supervisor Smitz made a motion to remove the rezoning request of Marlin M. Schnurr and Charlotte A. Schnurr, Town of Salem, from the table. The motion was seconded by Supervisor Modory and passed unanimously. (Motion #1174) Supervisor Smitz made a motion to accept withdrawal of the rezoning request of Marlin M. and Charlotte A. Schnurr, Town of Salem, at the request of the petitioner. The motion was seconded by Supervisor Modory and passed unanimously. (Motion #1185) 10. TABLED REQUEST OF WILLIAM B. BENSON - CONDITIONAL USE PERMIT - BRISTOL -APPROVED Tabled request of William B. Benson, th Street, Bristol, W153104, requesting a Conditional Use Permit to allow the restoration of C-1 Lowland Resource Conservancy District lands on Tax Parcel # , located in the northwest quarter of Section 8, Township 1 North, Range 21 East, Town of Bristol. Land Use Committee Minutes

6 //9 Supervisor Smitz made a motion to remove the Conditional Use Permit request of William B. Benson, Town of Bristol, from the table. The motion was seconded by Supervisor Modory and passed unanimously. (Motion #1197) Supervisor Modory made a motion to approve the Conditional Use Permit request of William B. Benson to allow the restoration of C-1 Lowland Resource Conservancy District lands on Tax Parcel # , Town of Bristol, subject to the following conditions: 1. Subject to the Conceptual Slope Stability Plan prepared by Applied Ecological Services, Inc (Exhibit A, attached). 2. Subject to the conditions of approval delineated in the August 10, 1999 approval letter from the Town of Bristol (Exhibit B, attached). 3. All grading and reseeding as described in the plan shall be completed by December 1, Adequate erosion control measures shall be in place at all times during the grading project and shall be maintained until such time as all seeded areas are established. 5. The project shall be subject to onsite inspection by this Department and by the Southeastern Wisconsin Regional Planning Commission (SEWRPC). A final inspection shall be made by this Department and SEWRPC in the spring of the year 2000 to ensure that the area has in fact been completely stabilized and restored. All recommendations made by SEWRPC staff with regards to the final inspection shall be implemented and adhered to. 6. It is the total responsibility of the petitioner to assure and guarantee that the above stated conditions are fully complied with. Any deviation from the approved plans may result in a stop work order until such time as the project is brought back into compliance. William B. Benson signed the conditions, indicating that he had read and understood them and agreed to comply with them. The motion was seconded by Supervisor Smitz and passed unanimously. #1335) (Motion 11. TABLED REQUEST OF ZAMORA-DELCONTE LLC - CONDITIONAL USE PERMIT - BRISTOL - REMAINS TABLED Tabled request of Zamora-Delconte LLC, th Street, Bristol, WI , requesting a Conditional Use Permit to allow a golf dome in the PR-1 Park and Recreational District on Tax Parcel # , located in the northeast quarter of Section 9, Township 1 North, Range 21 East, Town of Bristol. Land Use Committee Minutes

7 12. TABLED REQUEST OF KENNETH D. AND NANCY SCHULTZ- CONDITIONAL USE PERMIT- BRIGHTON -APPROVED Tabled request of Kenneth D. and Nancy Schultz, h Avenue, Kansasville, WI , requesting a Conditional Use Permit to allow a picnic shelter/pavilion in the B-2 Community Business District on Tax Parcel # , located in the southwest quarter of Section 14, Township 2 North, Range 20 East, Town of Brighton. Supervisor Smitz made a motion to remove the Conditional Use Permit request of Kenneth D. And Nancy Schultz, Town of Brighton, from the table. The motion was seconded by Supervisor Modory and passed unanimously. (Motion #1356) Supervisor Smitz made a motion to approve the Conditional Use Permit request of Kenneth D. And Nancy Schultz to allow a picnic shelter/pavilion in the B-2 Community Business District on Tax Parcel # , Town of Brighton, subject to the following conditions: 1. Subject to the application dated May 7, 1999 and all corresponding drawings. 2. Subject to the conditions presented in the June 7, 1999 letter from Emily J. Uhlenhake, Clerk, Town of Brighton (attached). 3. The applicant shall apply for a zoning permit prior to the commencement of construction of the pavilion. 4. Any approval being granted in this application shall conform with the restrictions of the liquor license issued for the establishment. 5. The applicant shall comply with the cabaret license issued by the Kenosha County Sheriff's Department including compliance with all standards for noise. 6. Any substantial change or expansion of the submitted plan of operation, i.e., new buildings, and/or change in use, shall require the petitioner to reapply for a Conditional Use Permit to the Land Use Committee for its review and approval. 7. It is the total responsibility of the petitioner to assure and guarantee that the above stated conditions are fully complied with. Any deviation from the approved plans and conditions shall result in the issuance of a citation and associated stop work order until such time as the project is brought back into compliance. Continuance of the project shall result in a recommendation for revocation of the Conditional Use Permit. 8. By my signature as owner or owner's representative, I have read and understand and hereby agree to comply with all of the above stated conditions. Kenneth D. And Nancy Schultz signed the conditions, indicating that they had read and understood them and agreed to comply with them. The motion was seconded by Supervisor Modory and passed unanimously. (Motion #2394) Land Use Committee Minutes

8 /.:2./ 13. TABLED REQUEST OF FIVE STAR FABRICATING - REZONING - RANDALL - REMAINS TABLED Tabled request of Five Star Fabricating, P.O. Box 700, Twin Lakes, WI 53181, Carl Schultz (co-owner), requesting rezoning from C-2 Upland Resource Conservancy District to M-2 Heavy Manufacturing District on part of Tax Parcel # , located in the northeast quarter of Section 16, Township 1 North, Range 19 East, Town of Randall. 14. TABLED REQUEST OF DAVID J. LAURINE AND JANICE M. LAURINE- REZONING -RANDALL- REMAINS TABLED Tabled request of David J. Laurine and Janice M. Laurine, N Burlington Road, Richmond, IL , requesting rezoning from A-1 Agricultural Preservation District to R-2 Suburban Single-Family Residential District (172 acres) on Tax Parcels # , # , and # located in the northwest quarter of Section 30 and the southeast quarter of Section 19, Township 1 North, Range 19 East, Town of Randall. 15. TABLED REQUEST OF THE PRELIMINARY PLAT OF RANDALL FARM ESTATES WEST AND RANDALL FARM ESTATES EAST- RANDALL- REMAINS TABLED Tabled request of Preliminary Plat of Randall Farm Estates West and Randall Farm Estates East, David J. Laurine, N. Burlington Road, Richmond, IL (Developer). Said plats are located in the northwest quarter of Section 30 and the southeast quarter of Section 19, Township 1 North, Range 19 East, Town of Randall. 16. TABLED REQUEST OF JIM BUTTERBRODT - CONDITIONAL USE PERMIT - BRISTOL- REMAINS TABLED Tabled request of Jim Butterbrodt, nd Avenue, Kenosha, WI 53140, requesting a Conditional Use Permit to allow an archaeological excavation project within a C-1 Lowland Resource Conservancy District on Tax Parcels # and # , located in the northwest quarter of Section 33, Township 1 North, Range 21 East, Town of Bristol. 17. CERTIFIED SURVEYS- APPROVED ~ Supervisor Modory made a motion to approve the following certified surveys. The motion was seconded by Supervisor Smitz and passed unanimously. (Begin Motion #2666) 1. Dominic J. Melfi and Jeannette M. Deldin - Northwest quarter of Section 5, Township 2 North, Range 23 East, Town of Somers, requesting approval of a certified survey map to divide the existing 3.91 acre parcel into three lots, ranging in area from.99 acre to 1.52 acres in area. The proposed land division is in compliance with the existing R-3 Urban Single-Family Residential District. Land Use Committee Minutes

9 Conditional approval subject to the following: a. Subject to receiving the original survey as approved by the Town of Somers. b. Subject to receiving highway access approval and a non-objection letter from the State Department of Transportation. The original certified survey shall not be released for recording until such time as the nonobjection letter is received by this Department. 2. John Halloran/Max Ortiz/Paul Peckenpaugh - Southwest quarter of Section 33, Township 1 North, Range 20 East, Town of Salem, requesting approval of a certified survey map to divide the 40-acre parcel into one (1) 20-acre parcel and two (2) 1 0-acre parcels. The proposed land division is in compliance with the existing A-2 General Agricultural District. Conditional approval subject to the following: a. Exclusive holding tank rights from Parcel # are given to Lot 1 of this certified survey map per Section of the Kenosha County Sanitary Code and Private Sewage System Ordinance. b. Subject to having an affidavit signed by the owners and recorded with the certified survey, giving holding tank rights to Lot 1 from the parent parcel, being Parcel # , as it existed prior to dividing the 40-acre parcel. c. Lots 2 and 3 have been approved for experimental onsite sewage disposal systems. Permits for these experimental systems must not be allowed to expire or Lots 2 and 3 will be unbuildable under current regulations. 3. George and Diane Grenus - Southeast quarter of Section 31, Township 2 North, Range 19 East, Town of Wheatland, requesting approval of a certified survey map to divide two (2) 1.6 acre lots from the existing 36 acre farm parcel. The proposed land divisions are subject to rezoning from A-1 Agricultural Preservation District to A-2 General Agricultural District and R-2 Suburban Single-Family Residential District. Conditional approval subject to the following: a. The original certified survey shall not be released for recording until such time as the rezoning ordinance is signed by the County Executive. b. Subject to receiving the original survey as approved by the Town of Wheatland. c. Subject to all driveway access restrictions as marked on the survey and approved by the Wisconsin Department of Transportation. Land Use Committee Minutes

10 /.: APPROVAL OF MINUTES- APPROVED o.g\ Supervisor Modory made a motion to approve the minutes as presented of the July 14, 1999 Land Use Committee public hearing. The motion was seconded by Supervisor Smitz and passed unanimously. (Motion #2680) 19. CITIZENS COMMENTS- NONE 20. ANY OTHER BUSINESS AS ALLOWED BY LAW Supervisor Smitz asked whether the Department of Natural Resources would be taking water samples both before and after the proposed snowmobile on water races which were recently approved by the Land Use Committee. Larry B. Brumback, Director of the Division of County Development, replied that it is too late to schedule such testing at this time. He also stated that he had become aware that there would be camping on the site during the races. John F. Roth, Principal Planner, informed the committee that Mr. Swarzbach had been informed both verbally and in writing that on-site camping would be a violation of his Conditional Use Permit and would jeopardize any other events he may wish to hold in the future. (Begin #2694) Mr. Brumback also informed the committee that ILHR 83 dealing with on-site waste disposal systems is currently being revised by the State of Wisconsin. The Planning and Development staff will be reviewing the proposed amendments and will be presenting the department's position on this matter to the state. These changes have been in the works for over two years. The committee will be kept informed of the progress on this matter. (Begin #2621) John F. Roth informed the committee of the need to hold a public hearing with regards to a proposed dam removal. The dam has been condemned by the DNR, and the zoning ordinance requires a public hearing to be held At the request of the Chairman, this item will be placed at the end of the agenda. (Begin #2845) 21. ADJOURNMENT o.g\ Supervisor Modory made a motion to adjourn the meeting. The motion was seconded by Supervisor Smitz and passed unanimously. (Motion #2920) The meeting was adjourned at 8:40p.m. The next regularly scheduled meeting of the Land Use Committee will be held on Wednesday, September 8, Land Use Committee Minutes

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