MINUTES KENOSHA COUNTY LAND USE COMMITTEE Wednesday, July 12, 2006

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1 MINUTES KENOSHA COUNTY LAND USE COMMITTEE Wednesday, Minutes of the Kenosha County public hearing held on Wednesday, July 12, 2006 at 7:00 p.m. in the Kenosha County Center Public Hearing Room, th Street, Bristol, Wisconsin. Members Present: Excused: Also Present: Supervisors Fred Ekornaas, John O Day, Roger Johnson, and Gabe Nudo Supervisor Jennifer Jackson George E. Melcher, Director of Planning and Development Larry B. Brumback, Director, Division of County Development John F. Roth, County Planning Manager April A. Webb, Administrative Secretary The meeting was called to order at 7:00 p.m. by Chairman Ekornaas. It was noted for the benefit of the public that Agenda Items No. 1, and 2 would be tabled at the request of the Towns, Agenda Items No. 5, 6, 7, 10, 14, 15 and 17 would remain tabled, and Agenda Items No. 9, 12, and 13 would be withdrawn, therefore there would be no discussion on these items. 1. SHYH-ING AND HELEN WANG (OWNERS), STAFFORD RESIDENTIAL LLC (BUYER/AGENT) - REZONING SALEM TABLED Shyh-ing and Helen Wang, W. Wood Hollow Lane, Libertyville, IL (Owners), Stafford Residential LLC, th Street, Salem, WI (Buyer/Agent) requesting rezoning from A-1 Agricultural Preservation District and C-1 Lowland Resource Conservancy District to R-2 Suburban Single-Family Residential District, PR-1 Park and Recreational District and C-1 Lowland Resource Conservancy District on Tax Parcel # located in the southeast quarter of Section 26, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is located on the east side of State Trunk Highway 83 (Antioch Road) approximately 370 south of the intersection of 112 th Street. Supervisor O Day made a motion to table the rezoning request of Shyh-ing and Helen Wang, W. Wood Hollow Lane, Libertyville, IL (Owners), Stafford Residential LLC, th Street, Salem, WI (Buyer/Agent) requesting rezoning from A-1 Agricultural Preservation District and C-1 Lowland Resource Conservancy District to R-2 Suburban Single-Family Residential District, PR-1 Park and Recreational District and C-1 Lowland Resource Conservancy District on Tax Parcel # , Town of Salem. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Motion #138 Tape #1) - 1 -

2 2. PRELIMINARY PLAT OF HERITAGE ESTATES, STAFFORD RESIDENTIAL LLC (DEVELOPER) SALEM - TABLED Preliminary Plat of Heritage Estates, Stafford Residential LLC, th Street, Salem, WI (Developer) on Tax Parcel # located in part of the southwest quarter and the southeast quarter of the southeast quarter of Section 26, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is located on the east side of State Trunk Highway 83 (Antioch Road) approximately 370 south of the intersection of 112 th Street. Supervisor O Day made a motion to table the Preliminary Plat of Heritage Estates, Stafford Residential LLC, th Street, Salem, WI (Developer) on Tax Parcel # , Town of Salem. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Motion #138 Tape #1) 3. CITY OF KENOSHA DEPARTMENT OF CITY DEVELOPMENT (SPONSOR), REGENCY HILLS RIVERWOODS LLC AND AMERICAN LAND DEVELOPMENT LLC (OWNERS) RESONING CITY OF KENOSHA - APPROVED City of Kenosha Department of City Development, nd Street, Room 308, Kenosha, WI (Sponsor), Regency Hills Riverwoods LLC and American Land Development LLC, 5008 Green Bay Road, Kenosha, WI (Owners), requesting rezoning from A- 2 General Agricultural District to R-4 Urban Single Family Residential District in the annexed shoreland area of Tax Parcel # located in the northeast quarter of Section 23, Township 2 North, Range 22 East, City of Kenosha. For informational purposes only, this property is located on the east side of 47 th Avenue approximately 226 south of the intersection of County Trunk Highway L (18 th Street). Nancy Washburn, representing Regency Hills, was in attendance to speak to this item. Supervisor Nudo made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of City of Kenosha Department of City Development, nd Street, Room 308, Kenosha, WI (Sponsor), Regency Hills Riverwoods LLC and American Land Development LLC, 5008 Green Bay Road, Kenosha, WI (Owners), requesting rezoning from A-2 General Agricultural District to R-4 Urban Single Family Residential District in the annexed shoreland area of Tax Parcel # , City of Kenosha. The motion was seconded by Supervisor O Day and passed unanimously by those members present. (Begin #210 - Motion #380 Tape #1) 4. JAY AND LAURA MENAREK (LESSOR), DEAN FERGUSON (LESSEE) CONDITIONAL USE PERMIT PARIS - APPROVED Jay and Laura Menarek, nd Avenue, Union Grove, WI (Lessor), Dean Ferguson, th Avenue #9, Kenosha, WI (Lessee) requesting a Conditional Use Permit to allow a furniture store/recreational vehicle sales business with outdoor display in the B-3 Highway Business District on Tax Parcel # located in the southwest quarter of Section 17, Township 2 North, Range 21 East, Town of Paris. For informational purposes only, this property is located at Burlington Road which - 2 -

3 is located on the south side of State Trunk Highway 142 (Burlington Road) approximately 400 feet east of the intersection of U.S. Highway 45 (200 th Avenue). Jay Menarek was in attendance to speak to this item. Supervisor O Day made a motion to approve the request of Jay and Laura Menarek, nd Avenue, Union Grove, WI (Lessor), Dean Ferguson, th Avenue #9, Kenosha, WI (Lessee) requesting a Conditional Use Permit to allow a furniture store/recreational vehicle sales business with outdoor display in the B-3 Highway Business District on Tax Parcel # , Town of Paris, subject to the following conditions: 1. Subject to the application dated May 12, 2006 and all corresponding plans and documents. 2. Subject to that approved on June 27, 2006 by the Paris Town Board (copy attached) indicating the following: a. There will be no outside storage at the site. b. No more than 12 trailers are to be stored in the area designated for outside display. c. Hours of operation are to be 8:00 am 8:00 pm on weekdays, 8:00 am 4:30 pm on Saturdays. d. No trailer repairs are to be allowed at the site. 3. Subject to the location of all parking spaces and outdoor display locations being located on the same lot or parcel as the principal use in accordance with section of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 4. This site shall not serve as a contractor s yard. It is understood that the cabinetry/home improvement business (Woodland Improvements) will serve as a small retail location and employee day location. 5. There shall be no outside storage of any trailers that are not in good working order 6. There shall be no outside storage of any building materials and/or junk. 7. The petitioner shall comply with the Kenosha County Sanitary Code. 8. Any dumpsters shall be placed in the rear of the property with surrounding fencing and landscaping to shield the view of the refuse from the road. 9. The applicant shall apply for a certificate of compliance prior to commencing business

4 10. Any change of the submitted plan of operation, change in use, and/or a proposed addition(s) to any existing principal building(s) or proposed new principal building(s), shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval. 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 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. Jay Menarek signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Begin #412 - Motion #687 Tape #1) 5. TABLED REQUEST OF BERWICK PROPERTIES, INC. REZONING SALEM REMAINS TABLED Tabled Request of Berwick Properties, Inc., th Street, Kenosha, WI requesting rezoning from A-2 General Agricultural District, C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District to R-3 Urban Single-Family Residential District, C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District on Tax Parcels # , # and # located in the southeast quarter of Section 11 and the northeast quarter of Section 14, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, these properties are generally located between 84 th Street on the north and County Trunk Highway AH (89 th Street) on the south approximately 440 west of the intersection of 84 th Street and 235 th Avenue. 6. TABLED REQUEST FOR A PRELIMINARY PLAT OF TAMARACK TRAIL, BERWICK PROPERTIES, INC. SALEM REMAINS TABLED Tabled Request for a Preliminary Plat of Tamarack Trail, Berwick Properties, Inc., th Street, Kenosha, WI (Developer) located on Tax Parcels # , # and # being part of the southwest quarter of the southeast quarter of Section 11 and part of the northwest quarter and southwest quarter of the northeast quarter of Section 14, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, these properties are generally located between 84 th Street on the north and County Trunk Highway AH (89 th Street) on the south approximately 440 west of the intersection of 84 th Street and 235 th Avenue

5 7. TABLED REQUEST OF BERWICK PROPERTIES, INC. CONDITIONAL USE PERMIT SALEM REMAINS TABLED Tabled Request of Berwick Properties, Inc., th Street, Kenosha, WI requesting a Conditional Use Permit to allow a wildlife pond in a C-1 Lowland Resource Conservancy District on Tax Parcel # located in the northeast quarter of Section 14, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is generally located between 84 th Street on the north and County Trunk Highway AH (89 th Street) on the south approximately 440 west of the intersection of 84 th Street and 235 th Avenue. 8. TABLED REQUEST OF LORRAINE A. OLDENBURG REZONING BRIGHTON APPROVED Tabled request of Lorraine A. Oldenburg, th Avenue, Salem, WI requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District excluding lands currently zoned C-2 Upland Resource Conservancy District on part of Tax Parcel # located in the northwest quarter of Section 29, Township 2 North, Range 20 East, Town of Brighton. For informational purposes only, this property is located on the west side of County Trunk Highway B (288 th Avenue) approximately 596 feet south of the intersection of County Trunk Highway JB (31 st Street). Supervisor Nudo made a motion to remove from the table the request of Lorraine A. Oldenburg, th Avenue, Salem, WI requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District excluding lands currently zoned C-2 Upland Resource Conservancy District on part of Tax Parcel # , Town of Brighton. The motion was seconded by Supervisor O Day and passed unanimously by those members present. (Motion #730 Tape #1) Supervisor Johnson made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of Lorraine A. Oldenburg, th Avenue, Salem, WI requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District excluding lands currently zoned C-2 Upland Resource Conservancy District on part of Tax Parcel # , Town of Brighton. The motion was seconded by Supervisor O Day and passed unanimously by those Land Use Committee members present. (Begin #717 - Motion #922 Tape #1) 9. RICHARD A. SHARFSTEIN C/O PRIDE CONTAINER CORPORATION (OWNER), GREEK ORTHODOX METROPOLIS OF CHICAGO (BUYER) REZONING BRIGHTON WITHDRAWN Tabled Request of Richard A. Sharfstein c/o Pride Container Corporation, 4545 W. Palmer Avenue, Chicago, IL (Owner), Greek Orthodox Metropolis of Chicago, 40 E. Burton Place, Chicago IL (Buyer), requesting rezoning from A-1 Agricultural Preservation District, PR-1 Park and Recreation District, C-2 Upland Resource Conservancy District to PR-1 Park and Recreation District excluding lands currently zoned C-1 Lowland Resource Conservancy District on Tax Parcels # , # , # , # and #

6 all located in the southwest quarter of Section 12, Township 2 North, Range 20 East, Town of Brighton. For informational purposes only, these properties are generally located on the west side of 224 th Avenue at the intersection of 9 th Street. Supervisor O Day made a motion to remove from the table the request of Richard A. Sharfstein c/o Pride Container Corporation, 4545 W. Palmer Avenue, Chicago, IL (Owner), Greek Orthodox Metropolis of Chicago, 40 E. Burton Place, Chicago IL (Buyer), requesting rezoning from A-1 Agricultural Preservation District, PR-1 Park and Recreation District, C-2 Upland Resource Conservancy District to PR-1 Park and Recreation District excluding lands currently zoned C-1 Lowland Resource Conservancy District on Tax Parcels # , # , # , # and # , Town of Brighton. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Motion #944 Tape #1) Supervisor Nudo made a motion to accept the letter of withdrawal for the rezoning request of Richard A. Sharfstein c/o Pride Container Corporation, 4545 W. Palmer Avenue, Chicago, IL (Owner), Greek Orthodox Metropolis of Chicago, 40 E. Burton Place, Chicago IL (Buyer), requesting rezoning from A-1 Agricultural Preservation District, PR-1 Park and Recreation District, C-2 Upland Resource Conservancy District to PR-1 Park and Recreation District excluding lands currently zoned C-1 Lowland Resource Conservancy District on Tax Parcels # , # , # , # and # , Town of Brighton. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Begin #924 - Motion #968 Tape #1) 10. TABLED REQUEST OF RICHARD A. SHARFSTEIN (OWNER), GREEK ORTHODOX METROPOLIS OF CHICAGO (BUYER) CONDITIONAL USE PERMIT BRIGHTON REMAINS TABLED Tabled Request of Richard A. Sharfstein c/o Pride Container Corporation, 4545 W. Palmer Avenue, Chicago, IL (Owner), Greek Orthodox Metropolis of Chicago, 40 E. Burton Place, Chicago IL (Buyer) requesting a Conditional Use Permit to allow a campground and a retreat/activity center on Tax Parcels # , # , # , # and # all located in the southwest quarter of Section 12, Township 2 North, Range 20 East, Town of Brighton. For informational purposes only, these properties are generally located on the west side of 224 th Avenue at the intersection of 9 th Street. 11. TABLED REQUEST OF ANTIOCH ROAD PROPERTIES LLC CONDITIONAL USE PERMIT SALEM - APPROVED Tabled Request of Antioch Road Properties LLC, Antioch Road, Trevor, WI requesting an amendment to a previously approved Conditional Use Permit (June 1992) to allow an automobile towing business in the B-3 Highway Commercial District on Tax Parcel # located in the northeast quarter of Section 35, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is located at Antioch Road which is on the west side of State Trunk Highway 83 (Antioch Road) approximately 149 feet south of the intersection of County Trunk Highway JF (119 th Street)

7 Supervisor O Day made a motion to remove from the table the request of Antioch Road Properties LLC, Antioch Road, Trevor, WI requesting an amendment to a previously approved Conditional Use Permit (June 1992) to allow an automobile towing business in the B-3 Highway Commercial District on Tax Parcel # , Town of Salem. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Motion #1004 Tape #1) Jason Spittle was in attendance to speak to this item. Supervisor Nudo made a motion to approve the request of Antioch Road Properties LLC, Antioch Road, Trevor, WI requesting an amendment to a previously approved Conditional Use Permit (June 1992) to allow an automobile towing business in the B-3 Highway Commercial District on Tax Parcel # , Town of Salem., subject to the following conditions: 1. Subject to the original application received March 14, 2006, and the revised application received May 23, 2006 and all accompanying drawings. 2. Subject to the previously approved Conditions of Approval signed by Don Collins on June 10, 1992 (copy attached). 3. Subject to that approved on July 10, 2006 by the Salem Town Board (copy attached). 4. Subject to the installation of vinyl or wooden slates on the existing chain link fence along the north property line and portion of the west property line for screening purposes. Installation of said slates is to be completed by November 15, Subject to the installation of 4-6 foot tall pine trees at an interval of every 6 feet along the south and west property lines as shown in the letter/drawing received on May 23, 2006 from Jason Spittle. Installation of said landscaping is to be completed by June 15, No disabled/towed vehicles shall be permitted to be parked outside of the proposed 140 x 180 screened area located behind the main building. Parking outside of the designated 140 x 180 screened area shall be for working vehicles that are owned by customers and employees of the business operation. 7. All dumpsters shall be located away from public view with proper fencing and landscaping for screening. 8. All signage shall comply with the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 9. Any change of the submitted plan of operation, change in use, and/or a proposed addition(s) to any existing principal building(s) or proposed new principal building(s), shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval

8 10. 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. J. Robert Spittle signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Begin # Motion #123 Tape #1) 12. TABLED REQUEST OF J. SANDS, JR. AND MARIANNE M. RUFFALO (OWNERS), LARRY C. BIEHN (BUYER/AGENT) REZONING SOMERS WITHDRAWN Tabled Request of J. Sands, Jr. and Marianne M. Ruffalo, th Avenue, Racine, WI (Owners), Larry C. Biehn, th Street, Kenosha, WI (Buyer/Agent) requesting rezoning from A-2 General Agricultural District and C-2 Upland Resource Conservancy District to R-3 Urban Single-Family Residential District and C-2 Upland Resource Conservancy District on Tax Parcel # located in the southeast quarter of Section 6, Township 2 North, Range 23 East, Town of Somers. For informational purposes only, this property is located on the east side of 13 th Avenue approximately ¼ mile north of the intersection of County Trunk Highway A (7 th Street). Supervisor O Day made a motion to remove from the table the request of J. Sands, Jr. and Marianne M. Ruffalo, th Avenue, Racine, WI (Owners), Larry C. Biehn, th Street, Kenosha, WI (Buyer/Agent) requesting rezoning from A- 2 General Agricultural District and C-2 Upland Resource Conservancy District to R-3 Urban Single-Family Residential District and C-2 Upland Resource Conservancy District on Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Motion #1255 Tape #1) Supervisor Nudo made a motion to accept the letter of withdrawal for the rezoning request of J. Sands, Jr. and Marianne M. Ruffalo, th Avenue, Racine, WI (Owners), Larry C. Biehn, th Street, Kenosha, WI (Buyer/Agent) requesting rezoning from A-2 General Agricultural District and C-2 Upland Resource Conservancy District to R-3 Urban Single-Family Residential District and C-2 Upland Resource Conservancy District on Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Begin # Motion #1275 Tape #1) - 8 -

9 13. TABLED REQUEST FOR PRELIMINARY PLAT OF SANDS CREEK SUBDIVISION, LARRY C. BIEHN (DEVELOPER) SOMERS WITHDRAWN Tabled Request for Preliminary Plat of Sands Creek Subdivision, Larry C. Biehn, th Street, Kenosha, WI (Developer) on Tax Parcel # , being part of the southeast quarter of Section 6, Township 2 North, Range 23 East, Town of Somers. For informational purposes only, this property is located on the east side of 13 th Avenue approximately ¼ mile north of the intersection of County Trunk Highway A (7 th Street). Supervisor O Day made a motion to remove from the table the Request for Preliminary Plat of Sands Creek Subdivision, Larry C. Biehn, th Street, Kenosha, WI (Developer) on Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Motion #1255 Tape #1) Supervisor Nudo made a motion to accept the letter of withdrawal for the Request for Preliminary Plat of Sands Creek Subdivision, Larry C. Biehn, th Street, Kenosha, WI (Developer) on Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Johnson and passed unanimously by those Land Use Committee members present. (Begin # Motion #1275 Tape #1) 14. TABLED REQUEST OF MARK J. AND ADORA D. WEIS (OWNERS), JASON FEUCHT, KAPUR & ASSOCIATES (AGENT) REZONING WHEATLAND REMAINS TABLED Tabled request of Mark J. and Adora D. Weis, 4001 Hwy 83, Burlington, WI (Owners), Jason Feucht, Kapur & Associates, 6025 S. Pine Street, Burlington, WI (Agent), requesting rezoning from A-1 Agricultural Preservation District to R-2 Suburban Single-Family Residential District (4.31 acres) on part of Tax Parcel # located in the southwest quarter of Section 26, Township 2 North, Range 19 East, Town of Wheatland. For informational purposes only, this property is located on the east side of the old State Trunk Highway 83 approximately one half mile south of the intersection of County Trunk Highway JB. 15. TABLED REQUEST OF JASON WEIS (OWNER), JASON FEUCHT, KAPUR & ASSOCIATES (AGENT) REZONING WHEATLAND REMAINS TABLED Tabled request of Jason Weis, th Avenue, Burlington, WI (Owner), Jason Feucht, Kapur & Associates, 6025 S. Pine Street, Burlington WI, (Agent), requesting rezoning from A-1 Agricultural Preservation District to R-2 Suburban Single- Family Residential District (3.50 acres) on Tax Parcel # located in the southwest quarter of Section 26, Township 2 North, Range 19 East, Town of Wheatland. For informational purposes only, this property is located on the east side of the new State Trunk Highway 83 approximately one half mile south of the intersection of County Trunk Highway JB (31 st Street)

10 16. TABLED REQUEST FOR FINAL PLAT OF HILLSIDE HEIGHTS ESTATES SUBDIVISION, JANKOWSKI-ISELIN PARTNERSHIP (OWNERS/DEVELOPERS) WHEATLAND APPROVED Tabled request for Final Plat of Hillside Heights Estates Subdivision, Jankowski-Iselin Partnership, Ketterhagen Rd., Burlington, WI (Owners/Developers) on Tax Parcels # and # located in the southeast quarter of the southeast quarter of Section 27, Township 2 North, Range 19 East, Town of Wheatland. For informational purposes only, these properties are located on the northeast corner of the intersection of 45 th Street and 348 th Avenue. Supervisor O Day made a motion to remove from the table the request for Final Plat of Hillside Heights Estates Subdivision, Jankowski-Iselin Partnership, Ketterhagen Rd., Burlington, WI (Owners/Developers) on Tax Parcels # and # , Town of Wheatland. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Motion #1300 Tape #1) Michael Iselin was in attendance to speak to this item. Supervisor O Day made a motion to approve the request for Final Plat of Hillside Heights Estates Subdivision, Jankowski-Iselin Partnership, Ketterhagen Rd., Burlington, WI (Owners/Developers) on Tax Parcels # and # , Town of Wheatland, subject to the following conditions: NOTE: These conditions are based on a final plat dated January 3, ) All conditions delineated in the preliminary plat approval letter dated January 6, 2006 from George E. Melcher, Director, Kenosha County Department of Planning and Development (Exhibit A, attached). 2) Subject to any conditions of approval recommended by the Town of Wheatland including the letter dated February 28, 2006 from Sheila Siegler. (Exhibit B, attached). 3) Subject to the conditions outlined in the dated February 9, 2006 from Don Sime, Plat Review, Wisconsin Department of Administration (Exhibit C, attached). These conditions must be updated on the final plat and a final nonobjection letter must be received from the Wisconsin Department of Administration before the final plat is recorded. 4) Subject to complying with the conditions of approval regarding the stormwater management plan put forth by the Southeastern Wisconsin Regional Planning Commission in the letter dated July 5, 2006 (Exhibit D, attached). 5) The developer must have a final grade verification survey prepared for all stormwater management facilities; this shall include but is not limited to all detention basins, outlets and spillways. Also, the developer must have a complete Grading Certification prepared. Both of these surveys must be submitted with the appropriate fee paid to Planning and Development for review and approval by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), this will verify compliance with the proposed final grades. As-built

11 final grade approval MUST be given prior to the issuance of any zoning permits, other than for signage. 6) Subject to the subdivision covenants which are to include paragraphs pertaining to the maintenance of outlots, the 40-foot landscape easement and the cul-desac island, being reviewed and approved by this Department prior to the final plat being recorded. 7) Subject to the memorandum dated January 16, 2006 from Marcus J Meyer, County Environmental Sanitarian (Exhibit E, attached) and subject to the rules and requirements of the Kenosha County Sanitary Code and Private Sewer System Ordinance. Note that special care should be taken during road building and excavation to ensure that proposed septic field sites are not disturbed. 8) Subject to the implementation of the submitting revised landscape plan received. 9) Maintenance and ownership of the outlots shall be addressed in the subdivision covenants. 10) Subject to implementing the street lighting plan consisting of two lights submitted on January 4, ) The following items shall be revised on the face of the final plat: The phrase designed solely for single-family development below the subdivision title should be placed in the notes section on the left-hand side of the drawing. 12) The following items shall be removed from the face of the final plat: The entire paragraph referencing setbacks for well and water supply lines. This paragraph is not needed on the final plat. 13) Subject to any abandoned junk and/or debris being removed from property prior to commencing construction. 14) The developer shall pay for street signs to the Kenosha County Department of Public Works as numbered by the Department of Planning and Development, Division of Land Information. 15) Any temporary or permanent development signs shall require a permit issued by the Department of Planning and Development. 16) The developers agreement shall be signed by the developer and the Town prior to final plat approval. 17) Subject to all rules and requirements of Chapter 15 of the Kenosha County Sanitary Code and Private Sewage System Ordinance and Comm 83 and 85 of the Wisconsin Administrative Code. Complete soil and site evaluations have been conducted on each lot of the subdivision and are on file with the Kenosha County Department of Planning and Development. The anticipated system for each lot will be an on-surface grade (i.e. at-grades and mound systems) Private

12 Onsite Wastewater Treatment System (POWTS). Any subsequent owner choosing to change the location of the dispersal cell on a particular lot shall be required to have another soil and site evaluation conducted by a certified soil tester prior to changing the location of a prospective POWTS. The tested areas shall be protected by the developer and any subsequent owner from any disturbance which includes: cutting and filling of existing soil surface, compaction from vehicles, installation of roads and driveways, installation of stormwater collection and retention/detention systems and excavation for utilities. 18) The developer is responsible during infrastructure construction for maintenance of existing subsurface drainage systems (field tile). 19) 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 may result in the issuance of a citation and associated stop work order until such time as the project is brought back into compliance. Michael Iselin and Ron Jankowski signed the conditions indicating they had read them and agreed to comply with them. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Begin # Motion #1509 Tape #1) 17. TABLED REQUEST OF EUGENE AND ELVIRA DEBARTOLO REZONING SOMERS REMAINS TABLED Tabled request of Eugene and Elvira DeBartolo, th Street, Kenosha, WI 53144, requesting rezoning from A-2 General Agricultural District to R-2 Suburban Single-Family Residential District and C-1 Lowland Resource Conservancy District and from C-2 Upland Resource Conservancy District to C-1 Lowland Resource Conservancy District on part of Tax Parcel # located in the southeast quarter of Section 2, Township 2 North, Range 22 East, Town of Somers. For informational purposes only, this property is located on the south side of 4 th Street (Corbett Road) approximately 0.4 miles east of the intersection of 49 th Avenue. Supervisor O Day made a motion to remove from the table for discussion only, the Tabled request of Eugene and Elvira DeBartolo, th Street, Kenosha, WI 53144, requesting rezoning from A-2 General Agricultural District to R-2 Suburban Single-Family Residential District and C-1 Lowland Resource Conservancy District and from C-2 Upland Resource Conservancy District to C-1 Lowland Resource Conservancy District on part of Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Johnson and passed unanimously by those Land Use Committee members present. (Motion #1540 Tape #1) Staff noted that this item has been tabled on the agenda for some length of time now. Because the item continues to be on the agenda and remains tabled, it has become a budgetary liability to the County to have to publish the item every month that it remains on the agenda. Letters have been sent to the petitioner after each Land Use Committee meeting since it has been tabled, which requests that the petitioner advise the County as to the status of the request and if their intention is to move the project forward or not. The County has not received a reply from the applicants to these correspondences. Staff was seeking direction from the at this time to send a certified letter to the petitioner directing them to either move forward with the

13 project or withdraw their application or the would formally deny the request at their next meeting. The concurred with this action and made the following motion: Supervisor Johnson made a motion directing Staff to send a certified letter to Eugene and Elvira DeBartolo directing them to either move forward with this project or withdraw the petition or the would formally deny the request at their August 9, 2006 meeting. The motion was seconded by Supervisor O Day and passed unanimously by those members present. (Begin # Motion #1675 Tape #1) Supervisor O Day made a motion to table the request of Eugene and Elvira DeBartolo, th Street, Kenosha, WI 53144, requesting rezoning from A-2 General Agricultural District to R-2 Suburban Single-Family Residential District and C-1 Lowland Resource Conservancy District and from C-2 Upland Resource Conservancy District to C-1 Lowland Resource Conservancy District on part of Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Begin # Motion #1700 Tape #1) 18. REFERRED BY COUNTY BOARD MEETING ON 6/20/06 TO LAND USE COMMITTEE, SUPERVISOR ANITA FARAONE TO SERVE ON THE SOUTHEASTERN WISCONSIN REGIONAL PLANNING COMMISSION - APPROVED Staff explained that the County Executive had presented the appointment of Supervisor Anita Faraone to the Southeastern Wisconsin Regional Planning Commission to the County Board on June 20, 2006 and that the County Board referred the appointment to the for review and their recommendation. Supervisor O Day made a motion to approve and recommend to the Kenosha County Board of Supervisors the appointment of Supervisor Anita Faraone to the Southeastern Wisconsin Regional Planning Commission. The motion was seconded by Supervisor Nudo and passed unanimously by those members present. (Begin # Motion #1755 Tape #1) 19. CERTIFIED SURVEYS AND OTHER LAND DIVISIONS Supervisor Nudo made a motion to approve the following certified surveys, subject to conditions. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Motion #1831 /Tape #1) 1) Don Schenning (Owner)- Part of the Southwest Quarter of Section 33, Township 2 North, Range 19 East, Town of Wheatland. For informational purposes only this parcel is located within the recently platted High Street Subdivision on 373 rd Ct. Requesting approval of a certified survey map to create one (1) 1 acre parcel and one (1) 1.92 acre Outlot. The current zoning for the proposed parcels is R-2 Suburban S.F. Residential. The proposed land division is a re-plat of lots 14 & Outlot 2 in High Street Subdivision

14 Conditional Approval subject to the following: a) Compliance with the conditions put forth by the Town of Wheatland. b) Subject to a note being placed on the face of the CSM that states that there shall be no filling, excavation or building within the drainage easement areas. c) Subject to the Planning Commission Approval signature block on sheet three being removed and the following signature block being added: Kenosha County Approval This certified survey map was hereby approved by the Kenosha County on this day of 2006 d) Subject to receiving the original certified survey as approved by the Town of Wheatland. 2) Wohlford Oakwood LLC (Owner) Steve Mayer (Agent)- Part of the Northwest Quarter of Section 16, Township 1 North, Range 20 East, Town of Salem. For informational purposes only this parcel is located Southwest of the intersection of CTH F and CTH SA. Requesting approval of a certified survey map to split off one (1) 5acre parcel from an existing 26.57acre parcel. The current zoning for the proposed parcel is R-3 S.F. Residential. Conditional Approval subject to the following: a) Compliance with the conditions put forth by the Town of Salem, including the Meehan & Company, Inc. memorandum dated June 12, b) Subject to the C.S.M. being revised showing the appropriate building setback lines along both the side and rear property lines within the C-2 Conservancy District. c) Subject to the additional 15 of R.O.W. being dedicated along C.T.H. F as shown on the face of the C.S.M. d) Subject to the R.O.W. dedication along C.T.H. SA being changed from a 33 to 40 dedication, the C.S.M. needs to be revised showing this change. e) Subject to receiving the original certified survey as approved by the Town of Salem. 3) Lorraine Oldenburg (Owner)- Part of the Northwest Quarter of Section 29, Township 2 North, Range 20 East, Town of Brighton. For informational purposes only this parcel is located just South from the intersection of CTH B and CTH JB

15 Requesting approval of a certified survey map to split off one (1) 5 acre parcel from an existing acre parcel. The proposed land division is subject to rezoning the proposed parcel from A-1 Agricultural Preservation to R-1 Rural S.F. Residential. Conditional Approval subject to the following: a) Compliance with the conditions put forth by the Town of Brighton. b) Subject to the additional R.O.W. being dedicated along 288 th Ave. as shown on the face of the C.S.M. c) Subject to a variance being approved by the Board of Adjustments to allow the multiple oversized (area & height) accessory buildings to remain on a 5acre residential parcel. If variance request is denied all oversized buildings will need to be removed as part of this approval. A note must be placed on the face of the C.S.M. stating that a variance was granted on ( date ) for oversized buildings to remain. d) Subject to the re-zoning being approved for the proposed parcel from A-1 Agricultural Preservation to R-1 Rural Residential e) The certified survey map shall not be released for recording until such time as the rezoning ordinance is signed by the County Executive. f) The certified survey map shall not be released for recording until such time as either the variance request is approved by the Board of Adjustments or until all oversized accessory buildings are removed. 20. APPROVAL OF MINUTES - APPROVED Supervisor Johnson made a motion to approve the minutes as presented of the June 13, 2006 meeting. The motion was seconded by Supervisor O Day and passed unanimously by those members present. (Motion # Tape #1) Supervisor Nudo made a motion to approve the minutes as presented of the June 14, 2006 meeting. The motion was seconded by Supervisor Johnson and passed unanimously by those members present. (Motion # Tape #1) 21. CITIZEN COMMENTS Dennis Ervin, th Avenue, noted that he had been advised by Town personnel to attend this evening s meeting relative to his request for a variance. Staff explained to Mr. Ervin that he had been mis-informed and that he should probably attend the July 20, 2006 Board of Adjustments meeting and that he should contact the Planning and Development office to confirm that he is scheduled for that date

16 22. ANY OTHER BUSINESS ALLOWED BY LAW - NONE. 23. ADJOURNMENT Supervisor O Day made a motion to adjourn the meeting. The motion was seconded by Supervisor Nudo and passed unanimously. The meeting was adjourned at 7:40 p.m. The next regularly scheduled meeting of the will be held on Wednesday, August 9,