MINUTES KENOSHA COUNTY LAND USE COMMITTEE Wednesday, May 10, 2006

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1 MINUTES KENOSHA COUNTY LAND USE COMMITTEE Wednesday, Minutes of the Kenosha County public hearing held on Wednesday, May 10, 2006 at 7:00 p.m. in the Kenosha County Center Public Hearing Room, th Street, Bristol, Wisconsin. Members Present: Also Present: Supervisors Fred Ekornaas, John O Day, Jennifer Jackson, Roger Johnson, Gabe Nudo County Board Chairman Terry Rose 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Items No. 1, 2, 3, 5, 8, 9 and 11 would be tabled at the request of the Towns, Agenda items No. 14 and 16 have been withdrawn, and 12, 13, 16, 17, 18 and 19 would remain tabled, therefore there would be no discussion on these items. 1. BERWICK PROPERTIES, INC. REZONING SALEM TABLED 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. Supervisor O Day made a motion to table the rezoning 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 # , Town of Salem. The motion was seconded by Supervisor Nudo and passed unanimously. (Motion #228 / Tape #1)

2 2. PRELIMINARY PLAT OF TAMARACK TRAIL, BERWICK PROPERTIES, INC. SALEM - TABLED 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. Supervisor O Day made a motion to table the request of Preliminary Plat of Tamarack Trail, Berwick Properties, Inc., th Street, Kenosha, WI (Developer) located on Tax Parcels # , # and # , Town of Salem. The motion was seconded by Supervisor Nudo and passed unanimously. (Motion #228 / Tape #1) 3. BERWICK PROPERTIES, INC. CONDITIONAL USE PERMIT SALEM TABLED 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. Supervisor O Day made a motion to table the 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 # , Town of Salem. The motion was seconded by Supervisor Nudo and passed unanimously. (Motion #228 / Tape #1) 4. ROBERT W. AND SUSAN M. CRANE REZONING BRIGHTON APPROVED Robert W. and Susan M. Crane, st Street, Burlington, WI requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District on part of Tax Parcels # and # located in the northwest quarter of Section 28 and the northeast quarter of Section 29, Township 2 North, Range 20 East, Town of Brighton. For informational purposes only, these properties are located on the south side of County Trunk Highway JB (31 st Street) immediately south of the intersection of 280 th Avenue. Supervisor Jackson made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of Robert W. and Susan M. Crane, st Street, Burlington, WI requesting rezoning from A-1 Agricultural Preservation District to R-1 Rural Residential District on part of Tax Parcels # and # , Town of Brighton. The motion was seconded by Supervisor O Day and passed unanimously. (Begin #233 - Motion #381 / Tape #1) 5. LORRAINE A. OLDENBURG REZONING BRIGHTON TABLED

3 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 O Day made a motion to table 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 Nudo and passed unanimously. (Motion #228 / Tape #1) 6. SALVATION ARMY CARL R. EDENHOFER, JR. REZONING SALEM - APPROVED Salvation Army, P.O. Box 222, Camp Lake, WI (Owner), Carl R. Edenhofer, Jr., th Street, Salem, WI (Agent/Counsel) requesting rezoning from A-1 Agricultural Preservation District, A-2 General Agricultural District, C-2 Upland Resource Conservancy District and R-4 Urban Single-Family Residential District to PR-1 Park and Recreation District on Tax Parcels # , # , # , # , # , # located in the southwest quarter and the southeast quarter of Section 16, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, these properties are part of Salvation Army s Wonderland Camp and Conference Center and are generally located on the east and west sides of County Trunk Highway AH north of the intersection of 93 rd Street. Supervisor Nudo made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of Salvation Army, P.O. Box 222, Camp Lake, WI (Owner), Carl R. Edenhofer, Jr., th Street, Salem, WI (Agent/Counsel) requesting rezoning from A-1 Agricultural Preservation District, A-2 General Agricultural District, C-2 Upland Resource Conservancy District and R-4 Urban Single-Family Residential District to PR-1 Park and Recreation District on Tax Parcels # , # , # , # , # , # , Town of Salem. The motion was seconded by Supervisor Johnson and passed unanimously. (Begin #470 - Motion #876 / Tape #1) 7. SALVATION ARMY CARL R. EDENHOFER, JR. CONDITIONAL USE PERMIT SALEM - APPROVED Salvation Army, P.O. Box 222, Camp Lake, WI (Owner), Carl R. Edenhofer, Jr., th Street, Salem, WI (Agent/Counsel) requesting a Conditional Use Permit in the PR-1 Park and Recreation District to allow the existing Wonderland Camp and Conference Center with campgrounds and related recreational facilities including camping, swimming, dining. Included in the recreational facilities are a high ropes course, tubing hills, campsites and a proposed relocation of a climbing tower. The Conditional Use Permit is requested for the following Tax Parcels: # , # , # , # , # , #

4 located in the southwest quarter and the southeast quarter of Section 16, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, these properties are part of Salvation Army s Wonderland Camp and Conference Center and are generally located on the east and west sides of County Trunk Highway AH north of the intersection of 93 rd Street. Carl Edenhofer and Major Smith were in attendance to speak to this item. Supervisor O Day made a motion to approve the request of Salvation Army, P.O. Box 222, Camp Lake, WI (Owner), Carl R. Edenhofer, Jr., th Street, Salem, WI (Agent/Counsel) requesting a Conditional Use Permit in the PR-1 Park and Recreation District to allow the existing Wonderland Camp and Conference Center with campgrounds and related recreational facilities including camping, swimming, dining. Included in the recreational facilities are a high ropes course, tubing hills, campsites and a proposed relocation of a climbing tower. The Conditional Use Permit is requested for the following Tax Parcels: # , # , # , # , # , # , Town of Salem, subject to the following conditions: 1. Subject to the application dated March 23, 2006 and all corresponding plans, drawings and information submitted in conjunction with the proposed rezoning and conditional use permit. 2. Subject to the Town Board of Salem recommendation presented in the minutes of their May 8, 2006 meeting, as well as the recommendation of the Town of Salem Plan Commission (both attached). The Salem Town Board recommendation includes approval of the ten (10) points outlined in the original Salvation Army application (copy attached). 3. Subject to the relocation of the observation tower to between shelters #2 and #3 with an elevation of feet above mean sea level with reforestation of the previous location of the observation tower. The tower shall be relocated within days after the approval of the rezoning. 4. The applicant shall receive zoning permits for all structures governed by the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 5. The Salvation Army Leadership has met with the County Highway Department and received approval for a new access off of County Trunk Highway AH for the relocation of a maintenance building. Any conditions placed on the access drive by the County Highway Department shall be complied with. 6. The camp shall continue their communication with the Town of Salem Fire/Rescue program as is warranted by new construction and/or redesign of camp trails, etc. 7. No changes or expansion of the submitted plan of operation, change in use, and/or proposed addition(s) to any existing principal building(s) or proposed new principal building(s) shall take place without the petitioner reapplying for a Conditional Use Permit to the for its review and approval. 4

5 8. 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. Carl Edenhofer signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor Jackson and passed unanimously. (Begin #915 - Motion #977 / Tape #1) 8. RICHARD A. SHARFSTEIN C/O PRIDE CONTAINER CORPORATION - GREEK ORTHODOX METROPOLIS OF CHICAGO - JOHN E. HOTVEDT (AGENT/COUNSEL) REZONING BRIGHTON TABLED 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), John E. Hotvedt, P.O. Box 700, Burlington, WI (Agent/Counsel) 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 # 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 table 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), John E. Hotvedt, P.O. Box 700, Burlington, WI (Agent/Counsel) 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. (Motion #228 / Tape #1) 9. RICHARD A. SHARTSTEIN (OWNER), GREEK ORTHODOX METROPOLIS OF CHICAGO (BUYER), JOHN E. HOTVEDT (AGENT/COUNSEL) CONDITIONAL USE PERMIT BRIGHTON TABLED 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), John E. Hotvedt, P.O. Box 700, Burlington, WI (Agent/Counsel) 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 5

6 224 th Avenue at the intersection of 9 th Street. Supervisor O Day made a motion to 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), John E. Hotvedt, P.O. Box 700, Burlington, WI (Agent/Counsel) requesting a Conditional Use Permit to allow a campground and a retreat/activity center on Tax Parcels # , # , # , # and # , Town of Brighton. The motion was seconded by Supervisor Nudo and passed unanimously. (Motion #228 / Tape #1) 10. TODD B. AND ERIN C. HUEMANN REVOCABLE TRUST CONDITIONAL USE PERMIT WHEATLAND APPROVED Todd B. and Erin C. Huemann Revocable Trust, th Avenue, Burlington, WI requesting a Conditional Use Permit to allow outside storage for a contractor s storage yard in the M-2 Heavy Manufacturing District on Tax Parcel # located in the northeast quarter of Section 6, Township 1 North, Range 19 East, Town of Wheatland. For informational purposes only, this property is located on the east side of 396 th Avenue approximately 240 south of 60 th Street. Todd Huemann was in attendance to speak to this item. Wayne Kaddatz, Chairman, Town of Wheatland, spoke in support of the request. Supervisor Jackson questioned the petitioner on style of fencing and the environmental impact of metal piping on the premises. Supervisor Johnson made a motion to approve the request of Todd B. and Erin C. Huemann Revocable Trust, th Avenue, Burlington, WI requesting a Conditional Use Permit to allow outside storage for a contractor s storage yard in the M-2 Heavy Manufacturing District on Tax Parcel # , Town of Wheatland, subject to the following conditions: 1. Subject to the application dated March 31, Subject to the conditions outlined in the May 8, 2006 letter from Sheila M. Siegler, Clerk, Town of Wheatland. 3. The proposed 100 x 50 storage area shall be enclosed by a 6 solid fence. 4. All trucks shall be stored inside the existing building. 5. Any dumpsters shall be screened from public view with solid fencing and landscaping material. 6. The subject parcel shall be used for storage only no business is to be conducted out of the existing business as this is done on another parcel. 6

7 7. No changes or expansion of the submitted plan of operation, change in use, and/or proposed addition(s) to any existing principal building(s) or proposed new principal building(s) shall take place without the petitioner reapplying for a Conditional Use Permit to the for its review and approval. 8. 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. Todd Huemann signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor Nudo and passed unanimously. (Begin #997 - Motion #1270 / Tape #1) 11. ANTIOCH ROAD PROPERTIES LLC CONDITIONAL USE PERMIT SALEM - TABLED 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). Supervisor O Day made a motion to 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. (Motion #228 / Tape #1) 12. TABLED REQUEST OF J. SANDS, JR. AND MARIANNE M. RUFFALO (OWNERS), LARRY C. BIEHN (BUYER/AGENT) REZONING SOMERS REMAINS TABLED 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). 7

8 13. TABLED REQUEST OF PRELIMINARY PLAT OF SANDS CREEK SUBDIVISION, LARRY C. BIEHN (DEVELOPER) SOMERS REMAINS TABLED Tabled Request of 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). 14. TABLED REQUEST OF WAB LLC PUD PLANNED UNIT DEVELOPMENT SOMERS - APPROVED Tabled Request of WAB LLC, N. Port Washington Road, Mequon, WI requesting an amendment to a previously approved (April 2004) PUD Planned Unit Development in the B-2 Community Business District for a proposed commercial building on Tax Parcel # located in the southeast quarter of Section 27, Township 2 North, Range 22 East, Town of Somers. For informational purposes only, this property is a part of the Avalon Parc Condominium project located on the west side of State Trunk Highway 31 (Green Bay Road) at the intersection of 43 rd Street. Supervisor O Day made a motion to remove from the table the request of WAB LLC, N. Port Washington Road, Mequon, WI requesting an amendment to a previously approved (April 2004) PUD Planned Unit Development in the B-2 Community Business District for a proposed commercial building on Tax Parcel # , Town of Somers. The motion was seconded by Supervisor Nudo and passed unanimously. (Begin # Motion #2208 / Tape #1) William Bodner was in attendance to speak to this item and presented renderings of the proposed retail/office structure. Supervisor O Day made a motion to approve the request of WAB LLC, N. Port Washington Road, Mequon, WI requesting an amendment to a previously approved (April 2004) PUD Planned Unit Development in the B-2 Community Business District for a proposed commercial building on Tax Parcel # , Town of Somers, subject to the following conditions: 1. Subject to the application dated March 10, 2006 and all associated attachments and drawings. 2. Subject to a site plan review for the proposed commercial/retail building including review and approval of the following. a. Parking Plan b. Lighting Plan c. Landscaping Plan d. Building Elevation 3. Subject to compliance with the August 1, 2003 letter from Michael G. Hahn P.E., Chief Environmental Engineer, Southeastern Wisconsin Regional Planning Commission (SEWRPC) regarding stormwater. It is our understanding that the original stormwater plan reviewed and approved by SEWRPC in said letter also 8

9 covers the stormwater elements of the proposed commercial development and is so documented in a memo dated March 15, 2006 from Sara A. Arnold, Land and Water Conservation Engineer, Department of Planning and Development (copy attached). 4. Subject to the previously approved Conditions of Approval for Avalon Parc signed by William Bodner, managing member, on April 8, 2004 (copy attached). 5. All signage shall comply with the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance including applying for zoning permits prior to signage installation. 6. All dumpsters shall be screened from public view by fencing with appropriate landscaping. 7. The petitioner shall apply for a certificate of compliance prior to occupancy of any commercial tenant. 8. No changes or expansion of the submitted plan of operation, change in use, and/or proposed addition(s) to any existing principal building(s) or proposed new principal building(s) shall take place without the petitioner reapplying for a Conditional Use Permit to the for its review and approval. 9. 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. William Bodner signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor Johnson and passed unanimously. (Begin # Motion #2828 / Tape #1) 15. TABLED REQUEST OF TED E. HORDECKY AND SUZANNE M. POISL (OWNERS), HOWARD GUSSIS AND LESLEY BROWN (BUYERS/AGENTS) CONDITIONAL USE PERMIT PARIS APPROVED Tabled Request of Ted E. Hordecky and Suzanne M. Poisl, th Avenue, Kenosha, WI (Owners), Howard Gussis and Lesley Brown (Buyers/Agents), 1493 Mayfair Lane, Grayslake, IL requesting a Conditional Use Permit in the A-2 General Agricultural District to allow a boarding kennel/pet resort and training center on Tax Parcel # located in the southwest quarter of Section 36, Township 2 North, Range 21 East, Town of Paris. For informational purposes only, this property is located on the northwest corner of the intersection of County Trunk Highway K (60 th Street) and 128 th Avenue. Supervisor Nudo made a motion to remove from the table the request of Ted E. Hordecky and Suzanne M. Poisl, th Avenue, Kenosha, WI (Owners), Howard Gussis and Lesley Brown (Buyers/Agents), 1493 Mayfair Lane, Grayslake, IL requesting a Conditional Use Permit in the A-2 General Agricultural District to 9

10 allow a boarding kennel/pet resort and training center on Tax Parcel # , Town of Paris. The motion was seconded by Supervisor Jackson and passed unanimously. (Motion #1480 / Tape #1) Howard Gussis and Lesley Brown were in attendance to speak to this item. Supervisor O Day made a motion to approve the request of Ted E. Hordecky and Suzanne M. Poisl, th Avenue, Kenosha, WI (Owners), Howard Gussis and Lesley Brown (Buyers/Agents), 1493 Mayfair Lane, Grayslake, IL requesting a Conditional Use Permit in the A-2 General Agricultural District to allow a boarding kennel/pet resort and training center on Tax Parcel # located in the southwest quarter of Section 36, Township 2 North, Range 21 East, Town of Paris, subject to the following conditions: 1. Subject to the application dated February 1, 2006, and all corresponding drawings and information submitted subsequent to the original filing of the application. 2. Subject to the approval of the Town Board of Paris outlined in the minutes of the April 25, 2006 meeting including Town of Paris Plan Commission minutes of April 17, 2006 (both enclosed as exhibits). Note that the Plan Commission recommended 35 conditions which are outlined in the Plan Commission minutes and are incorporated into the Town s approval. 3. This Conditional Use Permit shall be for a period of 2 years. The petitioner shall reapply for the Conditional Use Permit in May 2008, at which time the Town of Paris and the Department of Planning and Development will review the compliance of the conditions associated with the proposed kennel. 4. The applicant has also requested a personal kennel for their own personal dogs with a limit of no more than 7 adult dogs and a maximum of three litters per calendar year. 5. The petitioner shall comply with the Kenosha County Sanitary Code in relation to the existing residence and the proposed kennel/pet retreat facility. 6. In regards to the existing residence, the petitioner shall have the existing septic system evaluated within 30 days of this approval and if a new replacement system is required, a sanitary permit shall be applied for within 30 days of the evaluation. 7. The applicant shall seek a City of Kenosha Airport Overlay review and comply with any associated conditions of approval. Proof of said review will be required prior to the issuance of any new structures on the subject property. 8. All signage shall comply with the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 9. Parking for the proposed facility shall comply with standards outlined in the County s zoning ordinance. 10

11 10. The applicant shall apply for zoning permits for all structures i.e., buildings, fencing, etc., all to be compliant with the County s zoning ordinance. 11. The applicant shall apply for a certificate of compliance prior to commencing the kennel business on the subject property. 12. No changes or expansion of the submitted plan of operation, change in use, and/or proposed addition(s) to any existing principal building(s) or proposed new principal building(s) shall take place without the petitioner reapplying for a Conditional Use Permit to the for its review and approval. 13. 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. Howard Gussis and Lesley Brown signed the conditions indicating they had read them and agreed to comply with them. The motion was seconded by Supervisor Johnson and passed unanimously. (Begin # Motion #2146 / Tape #1) 16. 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. 17. 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). 11

12 18. TABLED REQUEST FOR FINAL PLAT OF HILLSIDE HEIGHTS ESTATES SUBDIVISION, JANKOWSKI-ISELIN PARTNERSHIP (OWNERS/DEVELOPERS) WHEATLAND REMAINS TABLED 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. 19. 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. 20. REQUEST TO HOLD A PUBLIC HEARING ON AMENDMENTS TO THE TEXT OF THE KENOSHA COUNTY GENERAL ZONING AND SHORELAND/FLOODPLAIN ZONING ORDINANCE RELATIVE TO MINIMUM DESIGN STANDARDS FOR CONVENTIONAL SITE BUILT, MODULAR, AND MANUFACUTRED HOMES LOCATED IN SINGLE FAMILY RESIDENTIAL DISTRICTS, ALONG WITH UPDATING RELATED DEFINITIONS TO BE IN ACCORDANCE WITH FEDERAL AND STATE LAWS APPROVED Larry Brumback, Director, Division of County Development, noted that the Federal and State laws had recently been changed in relation to locating manufactured, modular and site-built homes. He noted that the County Zoning Ordinance should be revised at this time to bring it into compliance with these laws. He explained that staff was requesting approval from the to move ahead and begin this Zoning Ordinance revision process. He also noted that all our towns that partner in County Zoning would need to review the revisions to the County Zoning Ordinance and adopt them, as well. Supervisor Nudo made a motion to hold a public hearing on amendments to the text of the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance relative to minimum design standards for conventional site built, modular, and manufacutred homes located in single family residential districts, along with updating related definitions to be in accordance with Federal and State laws. The motion was seconded by Supervisor Jackson and passed unanimously. (Begin#3064 Motion #3086 / Tape #1) 12

13 21. REVIEW AND APPROVAL OF ACCEPTING A COMPREHENSIVE PLANNING GRANT (SMART GROWTH GRANT) FROM THE STATE LEADING TO A MULTI- JURISDICTIONAL PLANNING PROCESS TO MEET STATE STATUTES (2) AND 2006 ADOPTED BUDGET MODIFICATION - APPROVED County Planning Manager, John Roth, explained that the County applied for and has been awarded a grant in the amount of $364,000 to adopt and implement a Comprehensive Plan as mandated by the State Legislature. The County applied for the grant in a cooperative effort with the following nine towns, villages and City of Kenosha that are under County Zoning: Brighton, Bristol, Paris, Salem, Somers, Wheatland, Pleasant Prairie, Silver Lake and the City of Kenosha. He noted that the Comprehensive Plan must include the following nine elements: issues and opportunities; housing; utilities and community facilities; agricultural; natural and cultural resources; economic development; intergovernmental cooperation; land use and implementation. Beginning January 1, 2010, all existing and new programs or actions of a local governmental unit that affect land shall be consistent with a Comprehensive Plan. The State funding along with County in-kind services will be administered over a 3-year period to SEWRPC to fulfill the requirements of this planning process. Division Director Brumback explained that since the County would be receiving funds from the State of Wisconsin for this planning effort, it required a budget modification to the 2006 adopted budget creating a revenue and expenditure account to administer the funds, which the Finance Committee would also be reviewing at their meeting Thursday, May 11 th. The request will subsequently be brought to the County Board for approval. Planning and Development Director George Melcher noted the increase in development coming to Kenosha County from the Chicago/Milwaukee metropolitan areas. He also stated that a Comprehensive Plan would be a proper planning tool for the County and municipalities to have to guide them with the inevitable growth we are seeing. He noted that in the Northeastern Illinois Planning Commission area, they have a projected growth of 1-2 million people over the next years in Lake and McHenry Counties which are directly south of the Kenosha County border. Supervisor Jackson made a motion to approve the Resolution accepting a Comprehensive Planning Grant (Smart Growth grant) from the State leading to a multijurisdictional planning process to meet State Statutes (2) and approving a FY2006 adopted budget modification. The motion was seconded by Supervisor O Day and passed unanimously. (Begin #3112 Motion #3571 / Tape 1) 22. CERTIFIED SURVEYS AND OTHER LAND DIVISIONS Supervisor Jackson 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 #3742 /Tape #1) 1) Full Gospel First Church (Owner)- Part of the Southwest Quarter of Section 35, Township 1 North, Range 20 East, Town of Salem. For informational purposes only this parcel is located at the intersection of 125 th St. and 240 th Ave. 13

14 Requesting approval of a certified survey map to divide an existing acre parcel into one (1) 19.65acre parcel, one (1) 51.23acre parcel and one (1) acre parcel. The current zoning for the proposed parcels are A-2 Agricultural, I-1 Institutional, C-1 Lowland Conservancy and C-2 Upland Conservancy. 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 April 19, b) Subject to the additional R.O.W. being dedicated along both 240 th Ave. and 127 th St. (cul-de-sac bulb) as shown on the face of the C.S.M. c) Subject to a note being placed on the C.S.M. stating that both Lots 1 and 2 are to be served by sanitary sewer. d) Subject to our office receiving verification that Lot 3 can be served by sanitary sewer. If it is not feasible to be served by sewer then the owners will need to provide P&D with a soil test verifying that there is a suitable site for a septic system on the property. This must be done prior to releasing the C.S.M for recording. e) Subject to our office receiving a signed developer s agreement between the owners and the Town of Salem regarding the unimproved 127 th St. The road is to be built to town specifications with an island in the cul-desac. f) Subject to the C.S.M being revised showing the actual floodplain boundary on Lot 1 and the actual date that the wetland study was performed. g) Subject to the building envelopes being shown on the face of the C.S.M. All building envelopes must be located outside of the wetland areas as shown on the C.S.M. h) Subject to a note being placed on the face of the C.S.M. that states that there shall be no filling, excavation or building within the wetland areas. i) Subject to the following note being placed on the face of the C.S.M: This C.S.M is reconfiguring Lots 1 and 2. Lot 2 is an existing legal non-conforming parcel having only of road frontage. Lot 2 is not becoming any more non-conforming by this C.S.M. j) Subject to receiving a concurrence letter from the Department of Natural Resources regarding the above referenced wetland study, this letter must be received prior to the C.S.M. being released for recording. k) Subject to the owner rezoning the wetland areas on the C.S.M. to C-1 Lowland Conservancy to reflect actual field conditions. This must be done prior to the C.S.M. being released for recording. 14

15 l) Subject to receiving the original certified survey as approved by the Town of Salem. 23. APPROVAL OF MINUTES - APPROVED Supervisor Johnson made a motion to approve the minutes as presented of the April 12, 2006 meeting. The motion was seconded by Supervisor O Day and passed unanimously by those members present. (Motion # Tape #1) 24. CITIZEN COMMENTS NONE. 25. ANY OTHER BUSINESS ALLOWED BY LAW - NONE. 26. ADJOURNMENT Supervisor O Day made a motion to adjourn the meeting. The motion was seconded by Supervisor Johnson and passed unanimously. The meeting was adjourned at 8:00 p.m. The next regularly scheduled meeting of the will be held on Wednesday, June 14,

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