A motion and second to Approve the agenda as amended was made by Jeff Schramm and Supervisor Kupsik. The motion carried 5 0.

Transcription

1 County Zoning Agency MINUTES February 15, 2007 Meeting 6:00 p.m. 100 West Walworth Street Elkhorn, Wisconsin Chairman Kuhnke called the meeting to order at 6:00 p.m. Roll call Committee members present included Chairman Richard Kuhnke Sr., Vice Chairman Alan Kupsik, Supervisor Margaret Downing, and Citizen Members Jeff Schramm and Greg Holden. Absent were Supervisor Nancy Russell and Supervisor Rick Stacey. County staff present Land Use and Resource Management Department Director Michael P Cotter, Associate Planner Matt Weidensee, Senior Zoning Officer Deb Grube and Urban Specialist, Fay Amerson. Public in attendance Due to illegible handwriting, spelling may be incorrect. Cynthia Lawton, Kathryn Sellin,? Sellin, Loretta Schmitt, Fred?, Henry Schmitt, Eric?, Becky Bechtel, Bill Jacques, Allen Ritchey and Family, Gordon Lopki,? Lopki, Kathy Brown Z?, Pat McIntyre, Charles Papcke, Attorney Ron Trachtenberg, Kevin Drays, Marvin Drays, Frank Taylor, Carole Witkowski, Gary Lawton, Ed Swets, Ronald Peterson, Anthony Coletti. Chairman Kuhnke announced the following items have been withdrawn: Item 7c3, The Girl Scouts of Racine County, Inc. (Thomas and Stephanie Formolo Purchasers) (Atty. Anthony A. Coletti, App.); 7c4, The Girl Scouts of Racine County, Inc. (Code Family Partnership, L.P. Purchasers) (Atty. Anthony A. Coletti, App.); 7c5, The Girl Scouts of Racine County, Inc. (Andrew and Susan Code Purchasers) (Atty. Anthony A. Coletti, App.); 7c7, Robert L and Judith R. Fait (JS Development, LLC, App.). A motion and second to Approve the agenda as amended was made by Jeff Schramm and Supervisor Kupsik. The motion carried 5 0. The minutes of the January 18th, 2007 hearing were Approved on a motion and second by Supervisor Greg Holden and Jeff Schramm. The motion carried 5 0. Director, Michael Cotter, explained the public hearing procedure to the audience. New Business Ordinance Amendments to Walworth County Code of Ordinances Deb Grube, Senior Zoning Officer and Fay Amerson, Urban Specialist presented the Ordinance Amendments. (7:10:42 to 7:20:49) Amendment to Section 26, Article VI, Non Metallic Mining Reclamation Ordinance, Walworth County Code of Ordinances. Due to the length and the number of amendments in this ordinance, a copy for viewing is available at the Land Use and Resource Management Department and the County Clerk s Office in the Government Center at 100 West Walworth Street, Elkhorn Wisconsin and also on the LURM Website Ms. Amerson reviewed administrative and technical aspects of the ordinance amendments.

2 County Zoning Agency Minutes, February 15, Amendment to Walworth County Subdivision Control Ordinance Section Definitions and (3). Additions are underlined; deletions are struckthrough. Ordinance Amendment Walworth County Subdivision Control Ordinance Section Definitions. Parcel. A contiguous quantity of land, or rights in land, in possession of, owned by, or recorded as property of the same claimant, person or company. A lot, lots, or tract of land designated by a single tax key number legally recorded in the Register of Deeds office. Those platted lots assigned multiple tax key numbers as a result of such things as school district, town, county, or municipal boundaries shall constitute one parcel. Unit. A part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or part thereof) in a building. Section (3) Sale or exchange of parcels or portions thereof of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the county zoning ordinances, or other applicable laws or ordinances. Approval by the administrator or agents thereof is required after the proper review procedure as outlined in the county zoning ordinances under section 74-39/ as follows:... Ordinance Amendment to Walworth County Zoning and Shoreland Zoning Ordinance, Section 74-38/ Use Regulations Accessory uses and structures are permitted in any district... except for home and professional occupations as defined herein. An accessory structure cannot be occupied as contain a separate dwelling unit, nor be used for overnight stays. Section 74-39/ Site Regulations. All land divisions which encompass divisions resulting in parcels of land over 15 acres but less than 35 acres which are not otherwise controlled by the Walworth County Subdivision Control Ordinance, shall be subject to a review process under this Ordinance. The review process shall also include the sale or exchange of parcels or portions thereof of land between owners of adjoining property to assure additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by this ordinance or other applicable laws or ordinances. The review process shall use the appropriate application form and an instrument Application for such review shall include an approval form and a Plat of Survey of the property in question prepared by a Certified Registered Land Surveyor licensed in the State of Wisconsin. Section / Definitions Accessory use or structure means a use or detached structure subordinate to the principal use of a structure, land, or water and located on the same lot or parcel serving a purpose customarily incidental to the principal use of the principal structure. An accessory structure cannot be occupied as a contain a separate dwelling unit, nor be used for overnight stays. Condominium means a property subject to a condominium declaration established in accordance with Wisconsin State Statute 703. Dwelling means a structure or portion thereof that is used exclusively designed or arranged for human habitation, but does not include boarding or lodging houses, motels, hotels, or tents or cabins. Dwelling, single-family means a structure designed for, and containing one dwelling unit, which is used or intended to be used designed or arranged for use as living quarters for one family, as a home or residence, by one person or by two or more persons maintaining one common

3 County Zoning Agency Minutes, February 15, household, to the exclusion of all other persons. Single-family dwelling includes a manufactured home, which contains only one dwelling unit. Dwelling unit means a group of rooms constituting all or part of a dwelling, containing but not limited to living area(s), bathroom area(s), and food preparation area(s) which are arranged, designed, used or intended for use exclusively as living quarters for one family. Family means one person, or group of individuals related by blood, marriage, adoption, or guardianship as defined by state statutes, and not to exceed four persons not so related, living together in a dwelling unit as a single housekeeping unit with an intentional structured relationship. The individuals shall have common use of, and access to all living and dining areas, bathrooms, and food preparation and serving areas. Nonconforming structure means any structure, by virtue of the use to which it is put, which does not comply with the use provision of this ordinance for the district in which it is located such as but not limited to structures in the floodplain, wetland, right of way, or those structures lying on or across a parcel line. Parcel means a lot, lots, or tract of land designated by a single tax key number legally recorded in the Register of Deeds office. Those platted lots assigned multiple tax key numbers as a result of such things as school district, town, county, or municipal boundaries shall constitute one parcel. Property means an unimproved parcel, a parcel together with improvements on it, or improvements without the underlying land. Unit means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or part thereof) in a building. Rezones Patricia and Evelyn McIntyre, Section 13, Town of Richmond. Rezone approximately.38 acres of C-4 Lowland Resource Conservation District (Shoreland) to R-1 Single-Family Residence District (Unsewered) for correction of wetland mapping to match field conditions. (7:21:09 to 7:25:40) Mr. Weidensee explained that the town approved the rezone request. The request is to rezone the wetland area to upland to match actual field conditions as verified by wetland delineation conducted by SEWRPC on October 5 th Mr. Weidensee explained that DNR wetland concurrence is not required due to the delineation being conducted by SEWRPC. Patricia McIntyre appeared before the committee. She stated that the property was purchased in the 50 s by the family. A motion and second to Approve the rezone request was made by Greg Holden and Supervisor Kupsik. The motion carried 5 0. Henry Schmitt and Loretta Schmitt Trust, Section 16, Town of Sugar Creek. Rezone approximately 2.45 acres of A-1 Prime Agricultural Land District to A-5 Agricultural-Rural Residential District for separation of a house and pole building from the rest of a farm. (7:20:05 to 7:25:41) Mr. Weidensee explained that the town approved the rezone request. The applicants are requesting rezone approval in order to be able to separate the existing house and pole building off from the farm. Mr. Weidensee explained that the house and pole building cannot be separated off from the farm by a farm separation because an additional barn exists on the farm. Approximately 60% of the rezone area has non-prime farm soils. The existing barn would be

4 County Zoning Agency Minutes, February 15, required to be separated off with the requested buildings or a conditional use for construction on a farm separation remnant would be required for the old barn. The owner may wish to sell the barn to the neighbor to the north in the future. A conditional use for building on a farm separation remnant for the old barn would result in a restriction on the remnant that would not be necessary if the barn was sold to the neighbor. Therefore, the owner has decided to request a rezone rather than a farm separation. Henry Schmitt appeared before the committee. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion and second to Approve the rezone request was made by Jeff Schramm and Supervisor Downing. The motion carried 5 to 0. Findings: 60% of the rezone area has non-prime farm soils. Kathy K. Brown Zamora, Section 6, Town of Whitewater. Rezone approximately 1.2 acres of B- 2 General Business District to R-1 Single-Family Residence District (Unsewered) to bring the existing residential use into compliance with the zone district. (7:29:13 to 7:31:50) Mr. Weidensee explained that the town approved the rezone request. The application indicates that the owner would like to rezone the property from business to residential to make the zoning consistent with the current use of the property. Kathy Brown Zamora appeared before the committee. A motion and second to Approve the rezone request was made by Supervisor Kupsik and Supervisor Downing. The motion carried 5 0. Ralph and Laurie Giorno, Section 13, Town of Whitewater. Rezone approximately 39 acres of M-3 Mineral Extraction District to A-1 Prime Agricultural Land District for completion of restoration of a mineral extraction site by returning the zoning back to the original zone district. (7:30:51 to 7:34:54) Mr. Weidensee explained that the town approved the rezone request. The applicants are requesting to rezone the property back to A-1 in conformance with the Walworth County conditional use approval granted for this site to be used as a borrow area for the Hwy 12 bypass project. Mr. Weidensee explained that the planning office has received a letter from the conservation office indicating that the borrow site has been properly restored. Ralph Giorno appeared before the committee. A motion and second to Approve the rezone request was made by Jeff Schramm and Greg Holden. The motion carried 5 0. Marvin V. Drays and Kevin C. Drays, Section 11, Town of Whitewater. Rezone approximately acres of A-1 Prime Agricultural Land District to A-2 Agricultural Land District for creation of four parcels of land from three. (7:34:55 to 7:42:42) Mr. Weidensee explained that the town approved the rezone request. The application states that the owner would like to rezone the property to A-2 to allow transfer of land to a neighboring parcel so both parcels could do a farm separation. The applicant has indicated to staff by phone that one of the A-2 parcels would be combined in the future with the neighboring farmland. Mr. Weidensee explained that approximately 30% of the soils are non-prime farm soils. The applicant has indicated by phone that the neighboring property owners shall purchase some of the property for farm purposes after the parcel split. Mr. Terry Papcke would purchase the entire 28 acres south on the property with

5 County Zoning Agency Minutes, February 15, a farm separation restriction on it. If the neighboring farmers do not purchase the new remnant A-2 parcel, then a new buildable parcel will have been created. County zoning shows wetland symbols that will need to be delineated prior to platting the property if the rezone is approved. Mr. Weidensee explained that once the property is rezoned to A-2, the farm separation restriction no longer exists at 35 acres and it has to be 20 acres. Restrictions on the 28 acres that Papcke will purchase means he will not be able to build a house on it without a conditional use. He further stated you cannot condition a rezone and the owner is allowed to request a rezone once he has ownership of the property. Kevin Drays appeared before the committee and mentioned the farm has been in the family for 47 years. After the appropriate findings were made as required by State Farmland Preservation Program s91.77 (1) Wis. Stats., a motion and second to Approve the rezone request, with stated conditions, was made by Greg Holden and Supervisor Kupsik. The motion carried 5 0. Findings: No new homes will be created and half the land will be kept and used for farm purposes and the other half will be combined with a neighboring farm. Conditional Use William J. Lawton, Fred H. and Cynthia A. Lawton, Gary Lawton and Kathryn A. Sellin (Atty. Anthony A. Coletti, App.), Section 21, Town of LaGrange. Applicant is requesting conditional use approval for creation of a conservation development as an 11-unit condominium on lands zoned C-2 Upland Resource Conservation District. (7:42:43 to 9:05:28) Mr. Weidensee explained that the town denied the conditional use stating that it conflicts with the Town Land Use Plan. The applicants are proposing to develop the subject property as an eleven-unit conservation development. The concept plan is in conformity with the four-step design process provided for in Walworth County s Ordinances and were previously filed and are incorporated herein by reference. Mr. Weidensee explained that the County 2020 Land Use Plan identifies this area as Other Agricultural Rural Residential and Other Open Lands. A small isolated wetland that shows up on the zoning map has been delineated on the site plan for preservation in the created open space. He further explained that the steep sloped area on Unit 1 and 2 must be part of the common area open space in order to meet the requirements of Conservation Development Design. The area may not be a limited common area. The wetland delineator who conducted the wetland delineation is a DNR approved assured delineator so a letter of DNR wetland concurrence is not required. Warren Hansen appeared before the committee and stated that the owners have owned the property for 50 years. The property was zoned A-5 up to 1992 when it was rezoned to C-2. This proposal encompasses 63 acres. Supervisor Downing mentioned that she walked on the property and felt like she was walking on farmland. Jeff Schramm stated 90% of the property has class 1, 2 or 3 soils and that it s been historically farmed for a long time. Mr. Holden stated that the rezone from A-5 to C-2 lowered the development density. Attorney Cotter stated he is legally advising the committee not to change zoning midstream and if the town has a different opinion they can fight that battle on their own. Support: Spelling may be incorrect due to inaudibility. Owner, Fred Lawton. Attorney Ron Trachtonberg mentioned Walworth County Ordinance, Section and stated that the town

6 County Zoning Agency Minutes, February 15, denied the request because it is not consistent with the town land use plan. He further stated that the request is consistent with any of the standards set forth in the conditional use ordinance. He asked to make it a matter of record that Mr. Schramm is a member of the town board that wishes to rezone the property to agricultural standing and that Mr. Schramm cannot fairly judge this conditional use permit and should abstain. Others in support included Kathryn Sellin, Bill Jacques and a letter was read into the record from Joyce Lawton. Opposition: Spelling may be incorrect due to inaudibility. Attorney Mark Bromley; Town Chairman Frank Taylor who requested that the County Zoning Agency table their decision for six months; Carol Witkowski; Dawn Matthews submitted pictures, a copy of the LaGrange Land Use Plan and Prime Ag Land Map and a petition with approximately 80 signatures of people in opposition; Ken South, Vern Greenquist is on the LaGrange Planning and Zoning Committee and asked for more time. He also handed in three documents showing the applicant s and the neighbor s soils; Wayne Borcher, owner to the west; Ken Sursh; and Henry Darr. Mr. Weidensee stated there are numerous letters of opposition in the file that the committee can review. He read the Steve Taylor letter into the record per request by Jeff Schramm. Rebuttal: Warren Hansen explained the purpose of a conservation subdivision. He submitted petitions with 97 signatures of people who are not in favor of rezoning from C-2 to A-1. A motion and second to Table the conditional use request, for no more than 60 days when a decision will be made with or without a recommendation from the town (the April Friday morning meeting), was made by Supervisor Kupsik and Jeff Schramm. The motion carried 3 2 (Margaret Downing and Richard Kuhnke opposed). Stan V. Smith (Atty. Anthony A. Coletti, App.), Section 34, Town of LaGrange. Applicant is requesting conditional use approval for a conservation development as a 12-unit condominium on lands zoned C-2 Upland Resource Conservation District. (9:05:29 to 9:18:13) Mr. Weidensee explained that the town approved the conditional use request. The application indicates that the property owner is requesting approval of a 12-unit condominium as a conservation development. Mr. Weidensee explained that the County 2020 Land Use Plan identifies the majority of the property as Primary Environmental Corridor a small area is identified as Other Agricultural Rural Residential and Other Open Lands. Mr. Weidensee stated the committee may wish to inquire if and where there may be potential piers located in the lake. Attorney Tony Coletti and Warren Hansen appeared before the committee. The property is heavily wooded and 66% of the site is preserved. The acreage encompasses 56.8 acres where roughly 2/3 of it is being preserved. He indicated that no piers in the lake are being proposed at this time. Supervisor Downing stated she walked this property and is pleased it is in a conservation subdivision. A motion and second to Approve the conditional use request, with conditions, was made by Jeff Schramm and Supervisor Downing. The motion carried 5 0. General Conditions: 1. Approved per plans submitted with all additional conditions as stated. 2. The project must meet all federal, state, county and local ordinances. 3. The applicant shall be responsible for meeting all requirements of the Condominium Ownership Act (State Chapter 703) and the County Subdivision Control Ordinance. The transfer of ownership of any dwelling units may only include, therewith, a fractional interest in the site on which the dwelling unit is located and such transfer shall not result

7 County Zoning Agency Minutes, February 15, in the subdivision of minor subdivision as defined under the Walworth County Subdivision Control Ordinance. 4. This conservation development Planned Residential Development (PRD) is approved as a 12-unit condominium subject to a condominium declaration. The proper preservation, care and maintenance by the original and all subsequent owners of the exterior design of the PRD and all common structures, facilities, essential services, access and open spaces shall be assured by deed restriction referencing the condominium declaration. 5. Use of the common area, private areas and limited common areas shall be restricted to those identified in the plan of operations and the approved condominium declaration. 6. The condominium declaration must be submitted to the Walworth County Land Management Department for review for consistency with county ordinances and requirements. Any changes to the condominium declaration, which in the opinion of the county affect county approvals, ordinances or requirements, must obtain county conditional use review and approval. 7. The applicant must provide a tree cutting and restoration plan meeting ordinance requirements for review and approval. Tree cutting shall be limited to that specified on the approved plan of operations. 8. There shall be no alterations of the shoreland setbacks or wetlands without obtaining county required approvals. 9. The roads shall meet county road standards as provided for in the Walworth County Land Division Ordinance. The owner must meet all town, county and/or state highway access requirements. 10. The declaration for the condominium association must assure that sewerage waste load will not increase over time without providing necessary sewerage capacity. 11. The applicant must obtain all required zoning permit and sanitary approvals prior to any construction on site. No additional structures shall be added to the plan without obtaining county approval and a zoning permit. This permit does not include conditional use approval for any amenity that is not specifically identified on the project plans as approved. The Walworth County Zoning Office prior to issuance of a zoning permit shall further review all structure locations. All structures will be required to meet the requirements of the zoning ordinance. 12. The applicant must obtain a land disturbance, erosion control & stormwater approval from land conservation office prior to construction. All stormwater amenities and areas shall be identified as common areas to be maintained by the condominium association. All grading must be conducted consistent with the approved Walworth County Land Disturbance Erosion Control and Stormwater Management plan. All topsoil generated from the site must be evenly distributed back onto the site on the areas from which it was removed or in areas in need of the topsoil. The quantity of topsoil generated from one lot may not be located on another lot within the development at the expense of the lot from which the topsoil was generated. No materials may be removed from the site. 13. The applicant must provide a tree cutting, landscaping and restoration plan meeting ordinance requirements for review and approval. Tree cutting shall be limited to that specified on the approved plan and narrative. 14. The applicant shall submit an outdoor lighting plan for review and approval prior to construction. All lighting shall be shielded and directed on site. 15. The county reserves the right to rescind this conditional use upon any violation of county regulations.

8 County Zoning Agency Minutes, February 15, The property owner shall be held solely responsible for addressing all restrictive covenants beyond those enforceable by county regulations (including those within the condominium declaration). The condominium declaration must be submitted to the Walworth County Land Management Department for review for consistency with county ordinances and requirements and the conditional use approval. Any wording of the condominium declaration, which in the opinion of the Walworth County Land Management Department is inconsistent with county approvals including the plan, amended narrative, ordinances or requirements will require county conditional use review and approval. 17. The preliminary plat and final plat shall identify the building envelope on each individual unit/lot within the development prior to approval. A typical envelope diagram shall not be acceptable. 18. The applicant must phase construction substantially in compliance with the approved plan, use restrictions and condominium declaration. Any changes to phasing, ownership or specified use within each phase must be added to the condominium declaration by addendum and reviewed by the Walworth County Land Management Department for approval. 19. Application with Walworth County for approval of the condominium plat, recording of phase one of the plat and the entire project plan shall occur within six months of this conditional use approval. The condominium plat shall be accompanied by a draft plan with the preliminary and a complete condominium declaration and land stewardship plan with the final plat. The land stewardship plan shall require submittal of an annual report describing accomplishment and goals for the continued maintenance and operation of the land stewardship plan. 20. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 21. The roadways are intended to remain private. The roadways may not be dedicated to the public without bring the parking into compliance with parking setback requirements from public roadways. The roadway shall be identified as a common element in the condominium declaration and on the approved plan. The total paved area shall be subtracted from the area net developable as part of the required density calculation for dwelling units per acre. 22. The declaration for the condominium association shall assure that sewerage waste load will not increase over time without providing necessary sewerage capacity. 23. The applicant shall establish a fertilization and lawn chemical application plan that protects the water quality of the lake and stream. 24. No boat access to the lake shall be made through the wetland area fronting the lake. Allen and Jill Ritchey, Section 5, Town of Walworth. Applicant is requesting conditional use approval for a recreational arboretum and five-day commercial greenhouse on lands zoned C-2 Upland Resource Conservation District. (9:18:14 to 10:16:36) Mr. Weidensee explained that the town denied the conditional use request. The site is to be used for recreational viewing of plants and trees as an arboretum botanical garden with one seasonal commercial event: Hosta Fest. The narrative further states the commercial arboretum would be open May 1 st through November 1 st, six days a week Wednesday through Monday 9:00 a.m. to 5:00 p.m. No

9 County Zoning Agency Minutes, February 15, commercial tours on Sundays. In regards to Hosta Fest, (a five day spring commercial event) hours are proposed from 9:00 a.m. to 5:00 p.m. Memorial weekend, three days Saturday, Sunday and Monday and two days the following weekend Saturday and Sunday. Mr. Weidensee further explained that the Walworth County 2020 Land Use Plan identifies this area as part Other Agricultural Rural Residential and Other Open Lands and part Isolated Natural Resource Area. The arboretum/botanical garden is located in an Isolated Natural Resource Area, which is an environmental corridor area. The guidelines for development considered compatible with environmental corridors recommends that recreational facilities/disturbance occupy no more than 20 percent of the total environmental corridor area within the subject parcel. The current buildings and disturbance for an existing non-conforming body shop on the site already exceed the 20 percent allowable development in the Isolated Natural Resource Area. Therefore, the proposed arboretum/botanical garden would exceed the recommendation of the 2020 Land Use Plan. Allen Ritchey appeared before the committee. Mr. Ritchey stated there is to be no development or expansion and will not change or alter what already exists. He stated he is asking to be able to make money to support the arboretum by selling hostas during the Hosta Fest. He also mentioned that eventually he would like to charge for tours but does not charge at this time. Support: Spelling may be incorrect due to inaudibility. Molly Swipka, Ed Swetz, Gordon Lubke, and Tesa Ritchey. Opposition: Spelling may be incorrect due to inaudibility. Dave Brock who handed in a petition with 40 signatures of opposition. Supervisor Downing mentioned that the petition was against a commercial arboretum and commercial greenhouse and for a rezone from C-2 to R-1 and M-1. Mr. Cotter mentioned that the petitions are submitted as a part of the record and it is up to the committee to weigh their credibility. Also opposed: Larry Quist, and Julie Brock. Rebuttal: Allen Ritchey stated Hosta Fest will be held five days a year and that is the only time hostas will be sold. He agreed to utilize available parking and use capacity limited to the 27 stalls he has available and tours of 40 people. He will be giving tours as well. He mentioned that tours are usually planned ahead of time. A motion and second to Approve the conditional use request, with all conditions including a review after a year, was made by Supervisor Downing and Jeff Schramm. Discussion took place. Greg Holden called question. Supervisor Kuhnke seconded the question. Question carried 5 0. The motion carried 5 0. General Conditions: 1. Approved as per plan submitted with all additional conditions as a commercial arboretum. 2. Sales allowed on site shall be limited to the products identified in the project narrative (hostas) on a seasonal basis as specified (three days on Memorial weekend and two days the following weekend). The arboretum shall be open from May 1 st to November 1 st for tours of the botanical garden. 3. Storage shall be limited to material and goods directly associated with business. Outside storage shall be limited and located as identified on the plan of operations. No outside storage areas including displays of goods shall be allowed in the required setback areas. 4. On site hours of operation shall be from 9:00 a.m. to 5:00 p.m. seven days a week and no holidays except Memorial Day. 5. Must meet all applicable federal, state, county and local regulations. 6. Outside lighting shall be shielded and directed on site. 7. The applicant must obtain all required zoning permit approvals including a sign permit. 8. The number of employees shall be limited to the owners and two employees.

10 County Zoning Agency Minutes, February 15, No fill, debris, branches or leaves may be disposed of on site. No burning of waste materials shall occur on site. 10. The applicant must obtain a Walworth County Land Disturbance Erosion Control and Stormwater Management Permit from the Walworth County Conservation Office if required by the ordinance. 11. All access to the site shall meet town, county and/or state DOT requirements. 12. Parking must meet with requirements of the county zoning ordinance. All parking must be setback 25 feet from the roadway. All parking must be in compliance with county requirements within 60 days of this approval. 13. The project site must be kept neat, clean, and mowed. 14. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval must be brought before the Walworth County Zoning Agency for additional conditional use review. Specific Conditions: 15. All tent/shade structures etc. shall be required to obtain zoning permits and meet the require setbacks from property lines as a structure. 16. The existing body shop may not be open during Hosta Fest. 17. During Hosta Fest the use capacity site shall be limited to parking stalls available on the site plan without use of grass areas for overflow. A maximum of five people per car is allowable. If parking stalls are all utilized, applicant will provide a sign that parking is full. 18. During tours the use capacity in regards to number of people shall be set at a maximum of 40 people. 19. This conditional use shall be brought back before the Walworth County Zoning Agency within one year for a status review regarding compliance and complaints. Whitewater Limestone, Inc., Section 9, Town of Whitewater. Applicant is requesting conditional use approval for expansion of an existing mineral extraction site (quarry) on lands zoned M-3 Mineral Extraction District. (10:16 37 to Mr. Weidensee explained that the town approved the conditional use request. The applicant is requesting approval of an expansion of an existing quarrying operation. The applicant has explained that portions of the area to be added have already been excavated out during the construction of the Hwy 12 Whitewater Bypass. The addition of this area will not involve any new mining activity. A small peninsula approximately 100 foot by 120 foot would be further excavated. The area shall be flooded with the entire pit after completion of the quarry operation on the adjacent lands. The restoration shall result in a small quarry lake. The DOT has constructed a concrete safety wall along the highway right of way prior to the applicant obtaining ownership of the property. Mr. Weidensee explained that the restoration of the unfinished expansion area would need to meet county standards for hard rock quarry restoration. The existing conditional use has a completion date for the quarry set at 10 years from the 18 th of April Mr. Weidensee stated that The Walworth County Zoning Agency may wish to inquire if the quarry operations will be finished by this deadline. Fay Amerson of the Walworth County Land Conservation Office explained the reclamation plan to the committee. Ron Peterson appeared before the committee. A motion and second to Approve the conditional use request, with conditions, was made by Supervisor Kupsik and Greg Holden. The motion carried 5 0.

11 County Zoning Agency Minutes, February 15, New Conditions: 1. Approved as per plan submitted for the expansion of the existing quarry with all additional conditions. 2. A non-metallic mining reclamation permit and plan must be approved by the Walworth County Land Conservation Division. The applicant shall submit an acceptable form of bonding as part of the restoration plan. The bond shall remain in place for the life of the pit plus one full year after final restoration to allow for final stability review. A copy of the bond and any renewals shall be submitted to the Walworth County Land Conservation section of the Land Use and Resource Management Office. Renewals of bonds shall be submitted prior to expiration on a two year limited basis. The bond shall be release after final restoration and application for rezone back to the approved post mining land use/zone district. The operator will certify to the Walworth County Land Conservation Division the completion of reclamation for a portion or the entire mining site. 3. The approval of this conditional use for expansion of the quarry shall be subject to all of the original conditions of approval as listed below: Existing Conditions: a. Time limit for completion of excavation for the project shall be set at 10 years. b. Implementation of dust and noise control measures shall occur at all times on site. c. The applicant shall obtain a land disturbance, erosion control and stormwater permit and reclamation permit from the Walworth County Land Conservation Office. The applicant shall follow phases of excavation and restoration as part of the approval under the Walworth County s Land Disturbance Erosion Control and Stormwater Management Ordinance. The applicant shall submit a project-sequencing schedule for each phase leading to completion prior to approval. d. The applicant shall submit an acceptable form of bonding. The bond shall remain in place for the life of the pit plus one full year after final restoration to allow for final stability review. A copy of the bond and any renewals shall be submitted to the Walworth County Land Conservation Office. Renewals of bonds shall be submitted prior to expiration on a two year limited basis. e. Following restoration, land shall be rezoned back to the A-3 zoning district by application of the owner. f. Hours and days of operation shall be set at 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00 a.m. to noon on Saturday. No work shall be conducted on Sundays or holidays. g. Road access and maintenance agreements shall be filed with the township and county prior to hauling materials off site. h. The county will not be liable for any damage to neighboring wells due to the operation of the project. i. Any additional office/trailer or structures shall obtain approved zoning and sanitary permits. j. Approval of the project shall be subject to all applicable gravel pit policies. k. The project shall meet all applicable federal, state and local regulations. l. Storage locations shall be in an approved zoning district. m. No materials shall be allowed to be brought in from off site other than those materials specified in the approved operations plan. n. All topsoil generated from the site shall remain on site for use in restoration.

12 County Zoning Agency Minutes, February 15, o. All site dewatering shall be conducted so as to prevent sedimentation outside of the project area. The site may not be dewatered until all sediment has settled in the open water area of the pit. p. The applicant shall obtain a variance from the Walworth County Board of Adjustment from the 200 foot required setbacks from the neighboring property lines and construction of berms in the 100-foot setback. q. The applicant will be held solely responsible for maintaining support rights of neighboring property owners. Adequate setbacks from the proposed excavation to neighboring properties shall be provided to prevent damages resulting from potential cave in of the excavation walls. r. No storage of chemicals and petroleum products shall occur on site unless stored in a containment facility meeting state requirements. s. The applicant shall create berms to reduce visibility from the road. The applicant shall submit a landscaping plan for approval by the Walworth County Land Conservation Office prior to excavation. t. The applicant shall stipulate that adequate liability insurance will be held at all times during excavation and restoration to cover any damages resulting from the project. The applicant shall provide a copy of the liability insurance coverage document for the file u. Any changes to the character, intensity or use of this site not capable of being discerned by the Walworth County Land Management Department as consistent with this approval shall be brought before the Walworth County Land Management Committee for additional conditional use review. Adjournment A motion and second to adjourn was made by Jeff Schramm and Supervisor Kupsik. The motion carried 5 0. Chairman Kuhnke adjourned the meeting at 9:18 p.m. Submitted by Patricia Lembitz, Recording Secretary. Minutes are not final until approved by the committee at its next meeting.