PRELIMINARY STAFF PLANNING REPORT TO THE WALWORTH COUNTY ZONING AGENCY X CONDITIONAL USE

Transcription

1 This report was prepared prior to the public hearing. This report may be supplemented or amended to reflect the review of additional information presented at the public hearing and written material submitted up to the meeting at which the decision is made by the Walworth County Zoning Agency. PRELIMINARY STAFF PLANNING REPORT TO THE WALWORTH COUNTY ZONING AGENCY TYPE OF PETITION REZONE X CONDITIONAL USE NAME: Richard H. Jr. and Pamela T. Kraus Trust Owner, James Jackley - Applicant LOCATION: The property of concern is located in the SW ¼ of Section 20, Whitewater Township and is identified as Tax Parcel DA TOWN RESPONSE: Approved: Denied: No Action: X Tabled: ZONING: The property is currently zoned A-1 Prime Agricultural District. PROJECT DESCRIPTION: The requested zoning is A-4 Agricultural Related Manufacturing, Warehousing and Marketing District. The request is accompanied by a conditional use for multiple uses. The applications indicate: The property owner is seeking rezone of 4.9 acres of A-1 Prime Agricultural Land to the A-4 Agricultural-Related Manufacturing, Warehousing & Marketing District in order to obtain conditional use approval for a farm market and caretaker s residence with retail sales of ancillary non-agricultural items subject to a detailed plan approved by the committee and cultural use for an annual seasonal haunted barn event and other activities. The detailed plan indicates the following items would be sold on site: Squash, pumpkins, sweet corn, flowers, food grade beans, asparagus, wild flower and native grass seeds, honey, maple syrup, hay, livestock feeds, wild bird seeds, file stones, firewood, oats, strawberries, hops. Seasonal and periodic use for a haunt attraction will drive farm product and other local sales, including adding seasonal employment opportunities for more than 40 people. The barn haunts would be served by portable toilets and hand washing facilities. The site is planned to be used for a Witches of Whitewater Tour. CONFORMANCE WITH COUNTY LAND USE PLAN: The County 2035 Land Use Plan identifies this area as the AG1 Other Agricultural Rural Residential and Other Open Lands (5 to 34 acres per dwelling) land use category. COMPATIBILITY WITH SURROUNDING LAND USES: The property is surrounded by lands zoned A-1. SITE CHARACTERISTICS: The following soils are found on the site % of Site

2 MpB Class II McHenry Silt Loam, 2 to 6% slopes 75% DdA Class I Dodge Silt Loam, 0 to 2% slopes 10% MpB2 Class II McHenry Silt Loam, 2 to 6% slope, eroded 5% MpC2 Class III McHenry Silt Loam, 2 to 6% slopes, eroded 10% The property contains 100% prime farm soils. IMPACT ON ROADS AND TRAFFIC: The property is proposed to be served by a new driveway off of Hwy 89 to the south of the barn with D.O.T. access approval. OTHER RELEVANT DATA RECOMMENDATIONS: Staff has sent a letter to the property owner and applicant stating concerns as follows: 1. The application, narrative and site plan submitted for the conditional use petition are incomplete. Please provide all information required on page 3 of the application as highlighted. (See attached). 2. The project site plan must be too scale at a size of no less than one inch equals 30 feet. All driveways and parking areas must meet the required size and setback requirement of the County Zoning Ordinance and must be shown on the site plan. 3. The application for conditional use must state which specific principle and conditional uses are being requested. Please identify the requested uses by the titles as listed under the Principle and Conditional Uses section of the A-4 zone district as highlighted. (See attached). Please be advised a single family residence can only be approved in an A-4 zone district as #mm. Living quarters for watchman or caretaker and must be specified on the application. (The request currently states and activities?) The type of activities is not made clear. 4. The narrative must specify a total use capacity for each proposed use. (i.e. total number of people to be in attendance on site at one time) 5. A complete application, narrative and site plan must be on file with the County LURM Department prior to a public notice for the hearing being posted. Failure to provide the required additional information to complete the application process prior to the public notice deadline shall result in your application not being on the next available County Zoning Agency hearing agenda. The application states the owner is requesting to sell seasonal items on demand or request and locally grown products in the future and other local sales. The Committee must approve a detailed plan of all items to be sold on site and may not approve a general statement such as these. The applicant must provide a comprehensive detailed list of all items to be sold which are not grown on the farm. The plan narrative makes reference to other activities associated with the haunt facility but does not describe what the activities would be. The applicant must provide a description of all proposed activities and obtain approval for each subject to the activity being consistent with an A-4 use. APPLICATION STATUS: COMPLETE X INCOMPLETE FINDINGS FOR CUP: Please confirm that finding were made that the CUP is consistent with agricultural use base on consideration of the following as required by s Wisconsin Statutes: [ ] The activity will not convert land that has been devoted primarily to agricultural use.

3 [ ] The activity will not limit the surrounding land s potential for agricultural use. [ ] The activity will not conflict with agricultural operations on land subject to farmland preservation agreements. [ ] The activity will not conflict with agricultural operations on other properties. A-4 zoning for a farm market and caretaker s residence with retail sales of ancillary non-agricultural items subject to a detailed plan approved by the committee and cultural use for an annual seasonal haunted barn event would be allowable under farmland preservation statutes. The 2035 Land Use Plan does not identify this property as the Prime Agricultural Land Use Category. Recommended conditions: General: 1. Approved as per plan submitted for a farm market and caretaker s residence with retail sales of ancillary non-agricultural items subject to a detailed plan approved by the committee and cultural use for an annual seasonal haunted barn event with all additional conditions. 2. Sales allowed on site shall be limited to the products identified in the project narrative on a seasonal basis. 3. No business activities other than specified in the plan of operations may be conducted from out of the facilities. 4. 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. 5. The business shall be open during the months of July, August, September and October. On site seasonal hours of operation from July through October shall be from 6:00 a.m. to 6:00 p.m. seven days a week for the farm market and the haunted house from September 1st to October 31 st of each year from 8:00 a.m. to 12:00 a.m. (mid-night) daily. 6. The site must meet all applicable Federal, State, County and local regulations. 7. Outside lighting shall be shielded and directed on site. 8. The applicant must obtain all required zoning permit approvals including a sign permit. 9. The number of employees shall be limited to the owners and employees. 10. There shall be no outside music or outside amplified sound on site. 11. There shall be no outside storage allowed on site for the haunted barn and no use of the outside area for the haunted barn or by the haunted barn clientele other than parking and waiting in line for admission.

4 12. No fill, debris, branches or leaves may be disposed of on site. No burning of waste materials shall occur on site. 13. The property owner must maintain adequate liability insurance during use of the property and keeps the insurance current during the life of this conditional use. 14. The applicant must obtain a County Land Disturbance Erosion Control and Stormwater Management Permit from the County Conservation Office if required by the ordinance. 15. All parking must occur in the areas identified on the approved plan. Parking must meet with requirements of the county zoning ordinance. All parking must be graded and surfaced so as to be dust free. All parking must be in compliance with County requirements within 60 days of this approval. The access to the site shall meet State D.O.T. requirements. 16. The property owner must obtain the required County sanitary permit approval for facilities to be located on site. 17. The project site must be kept neat, clean, and mowed. 18. If the Land Management Department determines that changes in either the character of the use or the intensity of the use are not consistent with this approval, then those changes must be brought before the County Zoning Agency for approval. 19. Failure to actively exercise this conditional use within three years of the approval date shall result in automatic dismissal without prejudice. The property owner may request a time extension for actively exercising the conditional use. A time extension for actively exercising the conditional use must be requested in writing during the original three year period. Any extension requested during the three year active exercise period greater than one year beyond the original three year period shall require additional Town and County committee approvals. Specific: 20. The approval of a new conditional use to allow sales is limited to retail sales of ancillary nonagricultural and agricultural items not produced on the farm subject to a detailed plan approval (see attached list of items to be sold on site as specified): Squash, pumpkins, sweet corn, flowers, food grade beans, asparagus, wild flower and native grass seeds, honey, maple syrup, hay, livestock feeds, wild bird seeds, file stones, firewood, oats, strawberries, hops. 21. The barn shall have a maximum capacity of people and the combined area including the outside shall have a maximum capacity of people including staff. 22. The property owner shall provide a copy of approval from the appropriate building inspector for the County file prior to use of the barn for haunted barn events. 23. The property owner shall provide a fire protection plan describing the use of the multi-use building that has received review from the fire department and submit a copy for the conditional use file prior to use of the buildings for the haunted house and/or farmers market. 24. The owners of the property shall release, indemnify and hold harmless Walworth County, the Town of Whitewater and their agents and employees from all liability, claims, demands, causes of action, costs, or losses for personal injuries, property damage or loss of life or property prior to this

5 conditional use being valid. This hold harmless clause shall be added to the liability insurance to be provided by the property owner. 25. The owner shall make a minimum of one toilet available per 175 people to be served by the site per day and provide sanitary hand washing facilities within 30 feet of the toilet areas. 26. No adult entertainment as defined by the County Zoning Ordinance shall be allowed on site.

6

7

8

9

10

11

12

13 Richard H. Jr. & Pamela T. Kraus Trust Rezone A-1 to A-4 W/ CUs for Commercial Green House/Farm Stand/ Retail Sales Related to A-4 Uses and Cultural Use Seasonal Haunted Barn Section 20, Richmond Township Zoning Map

14 Richard H. Jr. & Pamela T. Kraus Trust Rezone A-1 to A-4 W/ CUs for Commercial Green House/Farm Stand/ Retail Sales Related to A-4 Uses and Cultural Use Seasonal Haunted Barn Section 20, Richmond Township Land Use Plan

15 Richard H. Jr. & Pamela T. Kraus Trust Rezone A-1 to A-4 W/ CUs for Commercial Green House/Farm Stand/ Retail Sales Related to A-4 Uses and Cultural Use Seasonal Haunted Barn Section 20, Richmond Township Land Use Plan