MINUTES KENOSHA COUNTY LAND USE COMMITTEE Wednesday, Minutes of the Kenosha County public hearing held on Wednesday, May 14, 2008 at 7:00 p.m. in the Kenosha County Center Public Hearing Room, 19600-75th Street, Bristol, Wisconsin. Members Present: Supervisors Fred Ekornaas, Gabe Nudo, Kimberly Breunig, Gordon West, and Brian Morton Also Present: George E. Melcher, Director of Planning and Development John F. Roth, Director, Division of Long-Range Countywide Planning Andy M. Buehler, Director, Division of Planning Operations April A. Webb, Administrative Secretary The meeting was called to order at 7:00 p.m. by Chairman Ekornaas. 1. SPINLER HWY. 83 PROPERTY LLC REZONING SALEM APPROVED Spinler Hwy 83 Property LLC, 22911 83 rd Street, Salem, WI 53168 (Owner) requesting rezoning from B-3 Highway Business District and A-2 General Agricultural District to B-3 Highway Business District, A-2 General Agricultural District and PR-1 Park and Recreational District on Tax Parcel #65-4-120-143-0600 located in the southwest quarter of Section 14, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is known as Lumpy s Sports Bar & Grill located at 9251 Antioch Road which is on the east side of State Highway 83 (Antioch Road) approximately ½ mile south of the intersection of County Trunk Highway AH. Supervisor Breunig made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of Spinler Hwy 83 Property LLC, 22911 83 rd Street, Salem, WI 53168 (Owner) requesting rezoning from B-3 Highway Business District and A-2 General Agricultural District to B-3 Highway Business District, A-2 General Agricultural District and PR-1 Park and Recreational District on Tax Parcel #65-4-120-143- 0600, Town of Salem. The motion was seconded by Supervisor West and passed unanimously. (Begin #683 - Motion #818 / Tape #1) 2. SPINLER HWY 83 PROPERTY LLC CONDITIONAL USE PERMIT SALEM APPROVED Spinler Hwy 83 Property LLC, 22911 83 rd Street, Salem, WI 53168 (Owner) requesting a Conditional Use Permit to allow baseball fields, horseshoe pits and outdoor dining with occasional amplified music on Tax Parcel #65-4-120-143-0600 located in the southwest quarter of Section 14, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is known as Lumpy s Sports Bar & Grill located at 9251 Antioch Road which is on the east side of State Highway 83 (Antioch Road) approximately ½ mile south of the intersection of County Trunk Highway AH.
Page 2 Supervisor Breunig made a motion to approve the request of Spinler Hwy 83 Property LLC, 22911 83 rd Street, Salem, WI 53168 (Owner) requesting a Conditional Use Permit to allow baseball fields, horseshoe pits and outdoor dining with occasional amplified music on Tax Parcel #65-4-120-143-0600 located in the southwest quarter of Section 14, Township 1 North, Range 20 East, Town of Salem, subject to the following conditions: 1. Subject to the application dated March 7, 2008 and received by the office of Planning and Development on March 14, 2008 and all corresponding plans and attachments. 2. Subject to that approved by the Town of Salem Town Board on May 12, 2008 (Exhibit A, attached). 3. Subject to the conditions present in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance Section 12.29-8(b)106a a thru e; bars and taverns with outdoor dining, recreation entertainment in the B-3 District (shown below): a. A site plan shall be submitted showing all proposed outdoor use areas including parking, landscaping and the location of existing structures. b. Hours of use may be limited to prevent disturbance to abutting property owners. c. Lighting may be limited to prevent disturbance to abutting property owners. d. There shall be no outside music speakers or loud music. e. Any approval granted must be in conformance with the restrictions of the liquor license issued for the establishment. 4. A maximum of four (4) horseshoe game courts (8 pits) shall be allowed on the premises as presented on the site plan. 5. A maximum of two (2) softball fields shall be allowed on the premises as presented on the site plan. 6. Hours of use for the horseshoe pits, baseball fields and related lighting shall be limited to the hours between 9 a.m. and 10:30 p.m. 7. Hours of use for the outdoor dining area shall be subject to the requirements of the town liquor license. 8. There shall be no loud amplified music permitted in the outside recreation area. 9. There shall be no outside bandstands permitted in the outside recreation area. 10. All outdoor lighting shall consist of full cut-off luminaries and shall not shine onto any abutting parcel. 11. It is understood that the petitioner has hooked up to sanitary sewer.
Page 3 12. Subject to all existing and proposed (4) dugouts and (2) concession stands being relocated to be a minimum of 5 feet from any side or rear property line. Said buildings must be screened from the abutting parcels by means of a planting row of a minimum 6 tall arbor vitae planted every 3 on center. Said relocation of buildings and planting must be completed by May 15, 2009 or this conditional use permit will be considered null and void. Said relocation and landscaping plan must be approved by Planning and Development prior to installation. Note: If said dugouts and concession stands can be relocated to meet the standard minimum side-yard setback of 40 feet in the PR-1 District, screening said buildings will no longer be required. 13. All dumpsters shall be located away from public view with proper fencing and landscaping for screening. 14. The applicant shall apply for a certificate of compliance prior to commencing business. 15. Subject to compliance with the parking and paving regulations outlined in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 16. All signage shall comply with the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 17. Any change 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), or new antenna shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval. 18. 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. 19. If property ownership shall happen to change then it is the responsibility of the person(s) that signed these conditions to notify new owner of all above stated conditions of approval. Any changes or deviations from the above referenced approved plans will require additional review and approval and will be subject to additional fees by Planning and Development. The motion was seconded by Supervisor Morton and passed unanimously. (Begin #683 - Motion #858 / Tape #1) 3. FRANK J. AND BARBARA L. COLICKI REGENCY HILLS RIVERWOODS LLC REZONING SOMERS - APPROVED
Page 4 Frank J. and Barbara L. Colicki, 4105 18 th Street, Kenosha, WI 53144 (Owners), Regency Hills Riverwoods LLC, 5008 Green Bay Road, Kenosha, WI 53140 (Owner) requesting rezoning from A-2 General Agricultural District, R-2 Suburban Single-Family Residential District, and C-1 Lowland Resource Conservancy District to A-2 General Agricultural District, C-1 Lowland Resource Conservancy District, R-2 Suburban Single-Family Residential District and R-4 Urban Single-Family Residential District in the shoreland area of Tax Parcels #80-4-222-231-0141, #80-4-222-231-0130 (Colicki) and #80-4-222-231- 0142 (Regency Hills), all located in the northeast quarter of Section 23, Township 2 North, Range 22 East, Town of Somers. For informational purposes only, these properties are located on the south side of County Trunk Highway L (18 th Street) approximately 0.29 miles east of the intersection of 47 th Avenue. Supervisor West made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of Frank J. and Barbara L. Colicki, 4105 18 th Street, Kenosha, WI 53144 (Owners), Regency Hills Riverwoods LLC, 5008 Green Bay Road, Kenosha, WI 53140 (Owner) requesting rezoning from A-2 General Agricultural District, R-2 Suburban Single-Family Residential District, and C-1 Lowland Resource Conservancy District to A-2 General Agricultural District, C-1 Lowland Resource Conservancy District, R-2 Suburban Single-Family Residential District and R-4 Urban Single-Family Residential District in the shoreland area of Tax Parcels #80-4-222-231- 0141, #80-4-222-231-0130 (Colicki) and #80-4-222-231-0142 (Regency Hills), Town of Somers. The motion was seconded by Supervisor Morton and passed unanimously. (Begin #861 - Motion #983 / Tape #1) 4. REVISED FINAL PLAT OF THE CROSSWINDS SUBDIVISION, ANISUR AND ANN RAHMAN BRISTOL - APPROVED Revised Final Plat of The Crosswinds Subdivision, Anisur and Ann Rahman, 10113 136 th Avenue, Kenosha, WI 53142 (Developers) and Gary Splinter, RLS, 6025 South Pine Street, Burlington, WI 53105 (Agent) on Tax Parcel #35-4-121-054-0400 being part of the southeast quarter of Section 5, Township 1 North, Range 21 East, Town of Bristol. For informational purposes only, this property is located on the west side of County Trunk Highway D (184 th Avenue) approximately 700 north of the intersection of State Trunk Highway 50. Anisur Rahman was in attendance to speak to this item. Supervisor Morton made a motion to approve the request of Revised Final Plat of The Crosswinds Subdivision, Anisur and Ann Rahman, 10113 136 th Avenue, Kenosha, WI 53142 (Developers) and Gary Splinter, RLS, 6025 South Pine Street, Burlington, WI 53105 (Agent) on Tax Parcel #35-4-121-054-0400, Town of Bristol, subject to the following conditions: NOTE: These conditions are based on a revised plat dated April 1, 2008 by Gary R. Splinter R.L.S. 1) Let it be known that on Wednesday, July 11, 2007 the Kenosha County Land Use Committee approved and recommended to the County Board the Final Plat of The Crosswinds subdivision (revised plat dated April 3, 2007) located on Tax
Page 5 Parcel #35-4-121-054-0400 being a part of the southeast quarter of Section 5, Township 1 North, Range 221 East, Town of Bristol. Let it be known that the developer never had the approved final plat recorded with the Kenosha County Register of Deeds and is now requesting approval of another revised final plat drawing to be located on the same property. 2) Whereas, the Kenosha County is waiving the need for a Preliminary Plat review for the revised plat drawing based on the fact that the new Final Plat is substantially the same as the final plat approved in condition number one above. 3) The previously approved final plat for The Crosswinds subdivision approved by the Kenosha County on July 11, 2007 is hereby rescinded. 4) The approval of the revised final plat is contingent upon having the originally approved plat collected and destroyed by the Department of Planning and Development. This is to be completed prior to the Kenosha County Department of Planning and Development signing the new revised final plat for recording. 5) Subject to all conditions delineated in the preliminary plat approval letter dated March 8, 2007 from George E. Melcher, Director, Kenosha County Department of Planning and Development (Exhibit A, attached). 6) Subject to any conditions of approval recommended by the Town of Bristol at the December 26, 2007 Town Board Meeting (Exhibit B, attached). 7) Subject to the conditions outlined in the letter dated March 3, 2008 from Don Sime, Plat Review, Wisconsin Department of Administration (Exhibit C, attached). A final letter of non-objection must be received by this office prior to the Final Plat being released for recording. 8) Subject to the conditions put forth in the February 6, 2007 review letter of the preliminary plat from Philip C. Evenson, Executive Director, Southeastern Wisconsin Regional Planning Commission (Exhibit D, attached). 9) Subject to the conditions put forth in the April 9, 2008 approval letter of the stormwater management plan from Sara Arnold, Kenosha County Land and Water Conservation Engineer, Kenosha County Planning and Development (Exhibit E, attached). 10) 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 final grade approval MUST be given prior to the issuance of any zoning permits, other than for signage.
Page 6 11) Subject to the non-objection e-mail dated April 21, 2008 from Al Brokmeier, Director, Division of Land Information (Exhibit F, attached). 12) A legal maintenance agreement shall be executed between the Town and the homeowners association that specifies the necessary maintenance activities and states whether the Town or the association will be responsible for the maintenance of the Detention Basins. 13) Subject to the non-objection e-mail dated April 14, 2008 from Gary Sipsma, Director, Division of Highways (Exhibit G, attached). 14) Subject to receiving a permit for any and all proposed access points to the abutting County Trunk Highway (CTH D ) including any incidental items proposed to be located within the right-of-way of the abutting County Trunk Highway (CTH D ). The permit must be fully executed prior to commencing any preliminary grading work. 15) Subject to compliance with the revised Kenosha County Sanitary Ordinance approved by the Kenosha County Board of Supervisors January 2003. 16) Subject to the memorandum dated May 13, 2008 from Marcus J Meyer, County Environmental Sanitarian (Exhibit H, 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. Disturbance of mound sites may make a lot unbuildable if another septic system site cannot be found on the affected lot. 17) The developer shall have issued the replacement system sanitary permit for proposed lot 2 prior to recording the revised final plat document with the Kenosha County Register of Deeds. This replacement system must be fully installed and operational and the existing system must be properly abandoned by September 1, 2008. 18) Subject to the condition that the existing residence located on proposed Lot 2 not be occupied until the septic replacement system is installed and functional. 19) Revised covenants and restrictions must be submitted for review and approval prior to recording the final plat. At a minimum the covenants shall be revised as follows (original revised covenants as submitted with final plat on file with P&D stamped received April 11, 2008): In Section IV Paragraph 13: Revise the first sentence of the paragraph to include the language stating that the eastern 30 feet of Lot 1 is also included in a landscape easement. It is understood no new additional landscaping is being proposed within this easement. However, for the protection of the easement itself, we ask that it be referenced in the covenants.
Page 7 20) Subject to implementing the revised landscape plan dated January 9, 2008 on file with P&D. The developer shall submit an estimated completion date for review and approval to the Department of Planning and Development prior to releasing Final Plat for recording. There shall be uniform maintenance of all landscape easements; this shall not be left up to individual lot owners to perform. The subdivision covenants and bylaws shall specifically state this. The landscaping must be completed by the agreed date, if not complete then there will be no further zoning permits issued for residences until all landscaping is completed. 21) The following items shall be revised on the face of the final plat: The sign easement label should be revised to read, Permanent Subdivision Sign Easement. 22) As built cul-de-sac islands as shown on the final plat shall be landscaped by the developer per approved landscape plans and shall be maintained at the expense of the homeowner s association, this must be stated in the restrictive covenants. 23) All areas designated in the C-1 Lowland Resource Conservancy District shall comply with the regulations outlined in Section 12.25-1 of Kenosha County s aforementioned Zoning Ordinance (i.e. no filling or excavation, no structures allowed). 24) Wetland protective areas shall be determined per Wisconsin Department of Natural Resources (WDNR) Administrative Code Chapter 151, Section 151.12(5)(d) and shall be approved by the WDNR. The wetland protective areas shall be shown on the plat and any proposed construction within protective areas shall conform to the requirements of Section 151.12(5)(d). 25) All Conservation Easements shown on individual lots shall remain in place until such time as an independent study is performed showing that they are no longer classified as a wetland and can then be removed from the conservation easement status. 26) 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. 27) Detailed signage plans for the subdivision entrance shall be reviewed and approved by the Department of Planning and Development prior to issuing a zoning permit. 28) Any temporary or permanent development signs shall require a permit issued by the Department of Planning and Development. 29) The developers agreement shall be signed by the developer and the Town prior to final plat approval. 30) 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
Page 8 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 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 licensed State of Wisconsin soil tester prior to changing the location of a prospective POWTS. The tested areas shall be protected and preserved 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. Destruction of a POWTS site may result in a parcel being unbuildable. None of these lots may have their dwellings served by holding tanks. 31) The developer is responsible during infrastructure construction for maintenance of existing subsurface drainage systems (field tile). 32) The developer shall provide utility easements to be shown on the final plat as required by the applicable utility companies. All utilities shall be underground. 33) Subject to any abandoned junk and/or debris being removed from property prior to commencing construction. 34) If property ownership shall happen to change then it is the responsibility of the person(s) that signed these conditions to notify new owner of all above stated conditions of approval. Any changes or deviations from the above referenced approved plans will require additional review and approval and will be subject to additional fees by Planning and Development. 35) 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. Anisur Rahman 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 #1082 / Tape #1) 5. ROBERT D. AND BONNIE ZICH (OWNERS), LORETTA VOJTECH (AGENT) CONDITIONAL USE PERMIT BRISTOL - APPROVED Robert D. and Bonnie Zich, 17900 Horton Road, Kenosha, WI 53142-7930 (Owners), Loretta Vojtech, 17900 Horton Road, Kenosha, WI 53142 (Agent) requesting a Conditional Use Permit in the A-2 General Agricultural District to allow a private dog kennel on Tax Parcel #35-4-121-332-0405 located in the northwest quarter of Section 33, Township 1 North, Range 21 East, Town of Bristol. For informational purposes only, this property is
Page 9 located on the north side of County Trunk Highway CJ (Horton Road) approximately 0.2 miles east of the intersection of U.S. Highway 45. Loretta Vojtech was in attendance to speak to this item. Supervisor Nudo made a motion to approve the request of Robert D. and Bonnie Zich, 17900 Horton Road, Kenosha, WI 53142-7930 (Owners), Loretta Vojtech, 17900 Horton Road, Kenosha, WI 53142 (Agent) requesting a Conditional Use Permit in the A-2 General Agricultural District to allow a private dog kennel on Tax Parcel #35-4-121-332-0405, Town of Bristol, subject to the following conditions: 1. Subject to the application stamped received on April 2, 2008. 2. Subject to the Town of Bristol letter of May 1, 2008 from Amy E. Klemko approving the subject kennel providing all dogs are licensed and the maximum number of dogs allowed is not to exceed six after the existing older dogs (3) are deceased. 3. All animals shall be kept within an enclosed structure and no structure or animal enclosure shall be located closer than one hundred (100) feet to a property boundary. 4. Adequate provisions shall be made for the proper disposal of animal waste. 5. Buildings to house animals shall be constructed with materials so as to deaden noise, such as concrete, etc. 6. 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), or new antenna shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval. 7. It is the total responsibility of the petitioner to assure and guarantee that the above stated conditions are fully complied with. Any deviation from the approved plans and conditions shall result in the issuance of a citation and associated stop work order until such time as the project is brought back into compliance. Continuance of the project shall result in a recommendation for revocation of the Conditional Use Permit. Lorretta Vojtech signed the conditions indicating she had read them and agreed to comply with them. The motion was seconded by Supervisor Breunig and passed unanimously. (Begin #1109 - Motion #1184 / Tape #1)
Page 10 6. ST. SCHOLASTICA CONGREGATION (LESSOR), DENALI SPECTRUM OPERATIONS D/B/A CRICKET COMMUNICATIONS (LESSEE), JACK HICKEY, BLACK & VEATCH CORPORATION (AGENT) CONDITIONAL USE PERMIT BRISTOL - APPROVED St. Scholastica Congregation, 18700 116 th Street (Lessor), Denali Spectrum Operations d/b/a Cricket Communications, 8619 Bryn Mawr Avenue, Suite 615, Chicago, IL 60631 (Lessee), Jack Hickey, Black & Veatch Corporation, 7600 S. County Line Road, Burr Ridge, IL 60527 (Agent) requesting a Conditional Use Permit to allow the co-location of 3 antennas on an existing 163 monopole and an accompanying 6 x 10 steel platform with equipment support cabinets in the I-1 Institutional District on Tax Parcel #35-4-121-294- 0405 located in the southeast quarter of Section 29, Township 1 North, Range 21 East, Town of Bristol. For informational purposes only, this property is located at 18692 116 th Street which is on the north side of County Trunk Highway V (116 th Street) approximately 0.2 miles west of the intersection of U.S. Highway 45. Jack Hickey, Black & Veatch Corporation, was in attendance to speak to this item. Supervisor Breunig made a motion to approve the request of St. Scholastica Congregation, 18700 116 th Street (Lessor), Denali Spectrum Operations d/b/a Cricket Communications, 8619 Bryn Mawr Avenue, Suite 615, Chicago, IL 60631 (Lessee), Jack Hickey, Black & Veatch Corporation, 7600 S. County Line Road, Burr Ridge, IL 60527 (Agent) requesting a Conditional Use Permit to allow the co-location of 3 antennas on an existing 163 monopole and an accompanying 6 x 10 steel platform with equipment support cabinets in the I-1 Institutional District on Tax Parcel #35-4-121-294-0405, Town of Bristol, subject to the following conditions: 1. Subject to the application dated March 31, 2008 and stamped received by the office of Planning and Development on April 1, 2008 and all corresponding plans and attachments. 2. Subject to the Town of Bristol letter dated May 1, 2008 from Amy E. Klemko, Bristol Town Clerk approving the Conditional Use Permit application provided the landscaping is consistent with what is there and meets town and county recommendations (Exhibit A, attached). 3. As per phone conversation with Jack Hickey on, Black & Veatch, the proposed Cricket 10 x15 lease area along with the proposed 6 x10 equipment shelter will be located to the Northeast of the existing fence and shelter. The expansion area will be subject to fencing and landscaping which is consistent with what is there. 4. The area surrounding the subject equipment shelter shall be securely fenced, landscaped and marked with appropriate warning signs. Said landscaping plan shall be reviewed and approved by the Department of Planning and Development. Petitioner is required to do seasonal maintenance of the landscaping.
Page 11 5. Any fencing and landscaping removed or disturbed in the expansion of the equipment shelter must be replaced or replanted provided it is consistent with what is there and meets town and county recommendations. 6. All federal and state licenses shall be filed with the Department of Planning and Development. 7. A zoning permit shall be issued prior to the placement of any equipment on the property. 8. If the antenna and/or equipment shelter is abandoned or no longer used the applicant or current tower owner shall remove all facilities, within 90 days of such event, at their expense. 9. Any change 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), or new antenna shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval. 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. 11. If property ownership shall happen to change then it is the responsibility of the person(s) that signed these conditions to notify new owner of all above stated conditions of approval. Any changes or deviations from the above referenced approved plans will require additional review and approval and will be subject to additional fees by Planning and Development. The motion was seconded by Supervisor West and passed unanimously. (Begin #1201 - Motion #1296 / Tape #1) 7. TABLED REQUEST OF LAND USE COMMITTEE (SPONSOR), MARK J. AND MARSHA J. EBERHARDT REZONING - BRISTOL APPROVED Tabled Request of, P.O. Box 520, Bristol, WI 53104 (Sponsor), Mark J. and Marsha J. Eberhardt, 4820 Conlaine Drive, Racine, WI 53402 (Owners) requesting rezoning from C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District to C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District on Tax Parcel #35-4-121-362-0300 located in the northwest quarter of Section 36, Township 1 North, Range 21 East, Town of Bristol. This rezoning is considered a zoning map amendment to reflect actual field conditions. For informational purposes only, this property is located on the east side of County Trunk Highway U (136 th Avenue approximately 0.3 miles south of the intersection of 116 th Street.
Page 12 Supervisor Breunig made a motion to remove from the table the Tabled Request of, P.O. Box 520, Bristol, WI 53104 (Sponsor), Mark J. and Marsha J. Eberhardt, 4820 Conlaine Drive, Racine, WI 53402 (Owners) requesting rezoning from C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District to C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District on Tax Parcel #35-4-121-362-0300, Town of Bristol. The motion was seconded by Supervisor Nudo and passed unanimously. (Motion #1307 / Tape #1) Supervisor Morton made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of, P.O. Box 520, Bristol, WI 53104 (Sponsor), Mark J. and Marsha J. Eberhardt, 4820 Conlaine Drive, Racine, WI 53402 (Owners) requesting rezoning from C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District to C-2 Upland Resource Conservancy District and C-1 Lowland Resource Conservancy District on Tax Parcel #35-4-121-362-0300, Town of Bristol. The motion was seconded by Supervisor West and passed unanimously. (Begin #1307 - Motion #1431 / Tape #1) 8. TABLED REQUEST OF JAMES C., MARK, AND KAREN MASS REZONING SOMERS AND CITY OF KENOSHA - APPROVED Tabled Request of James C., Mark, and Karen Mass, 475 McCormick Drive, Lake Forest, IL 60045, Larry Gitzlaff, 2441 100 th Avenue, Kenosha, WI 53144-7746 (Owners), Bruce Aderman, 1815 S. Meyers Road, Suite 120, Oakbrook Terrace, IL 60181 (Agent) requesting rezoning from A-1 Agricultural Preservation District and C-1 Lowland Resource Conservancy District to M-2 Heavy Manufacturing District and C-1 Lowland Resource Conservancy District in the shoreland areas of Tax Parcels #80-4-222-304-0302 (Mass, et. al.) and #08-222-30-301-010 (Gitzlaff formerly Tax Parcel #80-4-222-303-0100) located in the southwest ¼ and the southeast ¼ of Section 30, Township 2 North, Range 22 East, Town of Somers and City of Kenosha. For informational purposes only, these properties are located on the south side of County Trunk Highway N (38 th Street) approximately 0.35 miles east of the intersection of 120 th Avenue (east frontage road of I-94). Supervisor Nudo made a motion to remove from the table the Tabled Request of James C., Mark, and Karen Mass, 475 McCormick Drive, Lake Forest, IL 60045, Larry Gitzlaff, 2441 100 th Avenue, Kenosha, WI 53144-7746 (Owners), Bruce Aderman, 1815 S. Meyers Road, Suite 120, Oakbrook Terrace, IL 60181 (Agent) requesting rezoning from A-1 Agricultural Preservation District and C-1 Lowland Resource Conservancy District to M-2 Heavy Manufacturing District and C-1 Lowland Resource Conservancy District in the shoreland areas of Tax Parcels #80-4-222-304-0302 (Mass, et. al.) and #08-222-30-301- 010 (Gitzlaff formerly Tax Parcel #80-4-222-303-0100), Town of Somers and City of Kenosha. The motion was seconded by Supervisor Breunig and passed unanimously. (Motion #104 / Tape #1) Jeff Labahn, Director of City Development, Todd Battle, KABA, Ron Scott, Gordon Foods, and Jason Branstrator, designer/builder were in attendance to speak to this item.
Page 13 The following spoke in opposition citing concerns relative to stormwater and flooding in the area, as well as semi-truck traffic and improvements to Hwy. N: Frank Kushman, 11410 38 th Street Dave Sandburg, 11325 38 th Street Karen Kushman, 11410 38 th Street Supervisor Nudo made a motion to approve and recommend to the Kenosha County Board of Supervisors the rezoning request of James C., Mark, and Karen Mass, 475 McCormick Drive, Lake Forest, IL 60045, Larry Gitzlaff, 2441 100 th Avenue, Kenosha, WI 53144-7746 (Owners), Bruce Aderman, 1815 S. Meyers Road, Suite 120, Oakbrook Terrace, IL 60181 (Agent) requesting rezoning from A-1 Agricultural Preservation District and C-1 Lowland Resource Conservancy District to M-2 Heavy Manufacturing District and C-1 Lowland Resource Conservancy District in the shoreland areas of Tax Parcels #80-4- 222-304-0302 (Mass, et. al.) and #08-222-30-301-010 (Gitzlaff formerly Tax Parcel #80-4-222-303-0100), Town of Somers and City of Kenosha. The motion was seconded by Supervisor Breunig and passed unanimously. (Begin #104 - Motion #682 / Tape #1) 9. TABLED REQUEST OF JAMES E. SR., AND CATHERINE MEINEN CONDITIONAL USE PERMIT WHEATLAND REMAINS TABLED Tabled Request of James E. Sr., and Catherine Meinen, P.O. Box 1000, New Munster, WI 53152 (Owners) requesting a Conditional Use Permit to allow outdoor horseshoe pits in the B-2 Community Business District on Tax Parcel #95-4-119-031-0350 located in the northeast ¼ of Section 3, Township 1 North, Range 19 East, Town of Wheatland. For informational purposes only, this property is located on the southwest corner of the intersection of 63 rd Street and 345 th Avenue. 10. TABLED REQUEST OF HAWG HEAVEN BAR LLC CONDITIONAL USE PERMIT SALEM - APPROVED Tabled Request of Hawg Heaven Bar LLC, 10306 Antioch Rd., Salem, WI 53168 (Owner), Michael Frost, 3395 116 th Street, Pleasant Prairie, WI 53158 (Agent) requesting a Conditional Use Permit in the B-3 Highway Business District to allow horseshoe pits and outdoor dining on proposed 10 x 20 deck on Tax Parcel #66-4-120-233-0510 located in the southwest quarter of Section 23, Township 1 North, Range 20 East, Town of Salem. For informational purposes only, this property is located at 10306 Antioch Road which is on the southwest corner of the intersection of State Trunk Highway 83 (Antioch Road) and 103 rd Street. Supervisor Nudo made a motion to remove from the table the Tabled Request of Hawg Heaven Bar LLC, 10306 Antioch Rd., Salem, WI 53168 (Owner), Michael Frost, 3395 116 th Street, Pleasant Prairie, WI 53158 (Agent) requesting a Conditional Use Permit in the B-3 Highway Business District to allow horseshoe pits and outdoor dining on proposed 10 x 20 deck on Tax Parcel #66-4-120-233-0510, Town of Salem. The motion was seconded by Supervisor West and passed unanimously. (Motion #1470 / Tape #1) Michael Frost was in attendance to speak to this item.
Page 14 Supervisor Morton made a motion to approve the request of Hawg Heaven Bar LLC, 10306 Antioch Rd., Salem, WI 53168 (Owner), Michael Frost, 3395 116 th Street, Pleasant Prairie, WI 53158 (Agent) requesting a Conditional Use Permit in the B-3 Highway Business District to allow horseshoe pits and outdoor dining on proposed 10 x 20 deck on Tax Parcel #66-4-120-233-0510, Town of Salem, subject to the following conditions: 1. Subject to the application dated March 7, 2008 and received by the office of Planning and Development on March 7, 2008 and all corresponding plans and attachments. 2. Subject to that approved by the Town of Salem Town Board on April 14, 2008 (Exhibit A, attached). 3. Subject to the conditions present in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance Section 12.29-8(b)106a a thru e; bars and taverns with outdoor dining, recreation entertainment in the B-3 District (shown below): a. A site plan shall be submitted showing all proposed outdoor use areas including parking, landscaping and the location of existing structures. b. Hours of use may be limited to prevent disturbance to abutting property owners. c. Lighting may be limited to prevent disturbance to abutting property owners. d. There shall be no outside music speakers or loud music. e. Any approval granted must be in conformance with the restrictions of the liquor license issued for the establishment. 4. A maximum of two (2) horseshoe game courts (4 pits) shall be allowed on the premises as presented on the site plan. 5. Hours of use for the horseshoe pits and related lighting shall be limited to the hours between 9 a.m. and 10:30 p.m. 6. Hours of use for the outdoor dining area shall be subject to the requirements of the town liquor license. 7. All lighting for the outdoor entertainment shall be full cut-off luminary type. All outdoor lighting shall consist of full cut-off luminaries and shall not exceed an illumination level of four (4) footcandles as measured at the property line. 8. There shall be no loud amplified music permitted in the outside recreation area. 9. There shall be no outside bandstands permitted in the outside recreation area. 10. The petitioner shall comply with the Kenosha County Sanitary Code.
Page 15 11. All dumpsters shall be located away from public view with proper fencing and landscaping for screening. 12. The applicant shall apply for a certificate of compliance prior to commencing business. 13. Subject to compliance with the parking and paving regulations outlined in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 14. All signage shall comply with the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance. 15. Any change 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), or new antenna shall require the petitioner to reapply for a Conditional Use Permit to the Kenosha County for its review and approval. 16. 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. 17. If property ownership shall happen to change then it is the responsibility of the person(s) that signed these conditions to notify new owner of all above stated conditions of approval. Any changes or deviations from the above referenced approved plans will require additional review and approval and will be subject to additional fees by Planning and Development. Michael Frost signed the conditions indicating he had read them and agreed to comply with them. The motion was seconded by Supervisor West and passed unanimously. (Begin #1470 - Motion #1525 / Tape #1) 11. TABLED REQUEST OF FINAL CONDOMINIUM PLAT OF BRISTOL RIDGE ESTATES (PHASE 1), BRISTOL RIDGE LLC BRISTOL APPROVED Tabled Request of Final Condominium Plat of Bristol Ridge Estates (Phase 1), Bristol Ridge LLC, P.O. Box 1777, Kenosha, WI 53141-1777 (Developer) consisting of 64 units on part of Tax Parcel #35-4-121-122-0311 and #35-4-121-122-0310, being part of the northeast ¼ and southeast ¼ of the northwest ¼ of Section 12, Township 1 North, Range 21 East, Town of Bristol. For informational purposes only, this property is located on the southwest corner of the intersection of State Trunk Highway 50 (75 th Street) and 128 th Avenue.
Page 16 Supervisor Nudo made a motion to remove from the table the Tabled Request of Final Condominium Plat of Bristol Ridge Estates (Phase 1), Bristol Ridge LLC, P.O. Box 1777, Kenosha, WI 53141-1777 (Developer) consisting of 64 units on part of Tax Parcel #35-4-121-122-0311 and #35-4-121-122-0310, Town of Bristol. The motion was seconded by Supervisor Breunig and passed unanimously. (Motion #1533 / Tape #1) John Greco, Agent, American Land Development, was in attendance to speak to this item. Mr. Greco presented a powerpoint program which highlighted the specifics of the proposal. Mr. Greco made special note of the 8+ acre park area to be named the Larry B. Brumback Memorial Park. The proposal will consist of one 6-unit building; eight 4-unit buildings; ten 2-unit buildings; and, six 1-unit buildings; for a total of 25 dwellings that equal 64 units. Supervisor Breunig made a motion to approve the request of Final Condominium Plat of Bristol Ridge Estates (Phase 1), Bristol Ridge LLC, P.O. Box 1777, Kenosha, WI 53141-1777 (Developer) consisting of 64 units on part of Tax Parcel #35-4-121-122-0311 and #35-4-121-122-0310, Town of Bristol, subject to the following conditions: NOTE: These conditions are based on a revised condominium plat completed by James R. Beaty, R.L.S. dated October 16, 2007 and stamped received by Kenosha County Planning and Development on February 12, 2008. 1) Subject to all conditions delineated in the preliminary plat approval letter dated August 23, 2005 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 Bristol at the November 12, 2007 Town Board meeting including the memorandum dated October 12, 2007 from Patrick J. Meehan, AICP, Meehan & Company Inc. (Exhibit B, attached). 3) Subject to approval of the amended Waiver Petition which is referencing the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance, the PUD Planned Unit Development Overlay District, Section 12.21-9(g)(1) which states, Principal structures in the R-9 district shall not be less than 40 feet from any other right-of-way of all other roads. The petitioner is requesting reduced street-yard setbacks of a minimum 30 feet from any public right-of-way and a minimum 20 feet from all private road easements. Amended waiver request is included in the letter from American Land Development, L.L.C dated March 11, 2008 (Exhibit C, attached). Note: This is an amendment to the previously approved PUD Planned Unit Development Overlay District Waiver Petition approved with the preliminary plat petition. 4) Subject to the conditions outlined in the approved DOT application/permit for connection to state trunk highway dated April 18, 2007 from Randall Kerkman, Administrator, Town of Bristol and approved by Andy Maxwell, Wisconsin Department of Transportation (Exhibit D, attached). This permit must be fully approved by the DOT prior to beginning preliminary grading work.
Page 17 5) Subject to conditions 1 through 5 put forth in the March 11, 2008 review letter of the final plat from Philip C. Evenson, Executive Director, Southeastern Wisconsin Regional Planning Commission (Exhibit E, attached). 6) Subject to the stormwater approval letter dated February 7, 2008 from Kenneth R. Ward, P.E., Ruekert Mielke (Exhibit F, attached). 7) Subject to the developer filing all applicable fees and petitions for the adoption of the revised floodplain boundary. This is to be done once as-built surveys conclude that the floodplain cut/fill project has been built to approved plans. A FEMA Letter of Map Revision (LOMR) must be applied for and any applicable review fees must be paid to the county. 8) Wetland protective areas shall be determined per Wisconsin Department of Natural Resources (WDNR) Administrative Code Chapter 151, Section 151.12(5)(d) and shall be approved by the WDNR. The wetland protective areas shall be shown on the plat and any proposed construction within protective areas shall conform to the requirements of Section 151.12(5)(d). 9) A wetland buffer yard setback line shall be placed around the platted wetland. It should be labeled NR 151 Wetland Protective Area. A note should be placed somewhere on the plat that the placement of impervious surface within this setback must meet NR 151 standards. This wetland buffer yard setback dimension can be obtained from the WI DNR office in Sturtevant. 10) 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 Ruekert Mielke, this will verify compliance with the proposed final grades. As-built final grade approval MUST be given prior to the issuance of any zoning permits, other than for signage. 11) A legal maintenance agreement shall be executed between the Town and the condominium association that specifies the necessary maintenance activities and states whether the Town or the association will be responsible for the maintenance of the Detention Basins. 12) Subject to the revisions being made to the face of the plat recommended in the Emails dated July 18, 2007 and February 25, 2008 from Al Brokmeier, Director, Division of Land Information (Exhibit G, attached). 13) Subject to the condominium declarations to include maintenance of the landscaping within the common areas.
Page 18 14) Subject to minor architectural revisions being made to the Middlebrook, Prairie Meadow, Oakmont and Amberfield models in accordance with the letter dated March 11, 2008 from Jon C. Greco, American Land Development (Exhibit H, attached). 15) Subject to revising the Declaration of Condominium documents to show the square footage amounts for the single-family residences being at least 1,800 square feet livable space total (with 50% of the walk-out livable level being finished). Note: Construction drawings submitted at the time zoning permits are required must show the basement floor plan along with proposed livable space. 16) The Temporary Turn-Around Easement as shown at the end of 130 th Avenue must be paved in until such time that the road is extended through. This action shall be completed to town specifications. 17) Subject to developer submitting architectural renderings and site plans for the proposed private Clubhouse which will be located on the private mini-park. Planning and Development will have approving authority over the design and location of the proposed building. These plans must be reviewed and approved prior to Final Condo Plat submittal for that area. 18) Subject to the landscape and lighting plans L1 through L1.6 of the plan date set dated February 5, 2008 and received by Planning and Development on February 12, 2008. 19) A revised street lighting plan shall be submitted to the Department of Planning and Development for review and approval, this plan shall include the location and the design for a total of eight (8) permanent street lights and a date of installment as well as the location and design for a total of two temporary street lights. This shall be done prior to releasing final plat for recording. The lighting must be installed by agreed date, if not installed then there will be no further zoning permits issued for residences until lighting is done. Revisions to the current street lighting plan include the following: Placement of a temporary street light at the southerly end of 130 th Avenue near the temporary turn around easement. Placement of a temporary street light out of the right-of-way at the southeast corner of the intersection of 130 th Avenue and STH 50. Placement of an additional street light at the intersection of proposed 78 th Street and 128 th Avenue (for a total of 8 permanent street lights). A permanent street lighting plan, not including traffic signalization, for the proposed south leg of the proposed intersection of 130 th Avenue and STH 50 must be approved by the WI DOT and Planning and Development. In the event that WI DOT lighting is not installed and functional in the south leg of the proposed 130 th Avenue and STH 50 intersection by the May 15, 2009 deadline, the developer will have installed a functional private lighting component to be approved by
Page 19 Planning and Development. If not done, no more zoning permits will be issued for the Bristol Ridge Condominium Phase 1 project. Final light fixture drawings of both the temporary and permanent street lights are to be submitted to Town of Bristol and Planning and Development for final approval. 20) The following items shall be added to the face of the final condominium plat: There shall be no further land divisions within the subdivision, and this shall be so noted on the face of the final plat. There shall be no moving of existing homes or structures into the subdivision, and this shall be so noted on the face of the final plat. Subject to adding 15-foot vision triangles to the face of the final condominium plat at where applicable at the intersections of proposed 130 th Avenue and the four intersecting roads as well as the intersection of 128 th Avenue and 78 th Street. The wetland field staking that is accurately located on the condominium plat must be labeled with what was delineated, the date of the delineation, and who delineated the boundary. Subject to adding the appropriate NR 151 wetland protective area dimensions to the face of the final plat. The DNR has determined that a 50- foot protective area dimension is adequate for the wetlands located on the development tract. 21) The following items shall be revised on the face of the final condominium plat: Town-required conservation easements must be shown on pages 2, 3, 4 and 5 of the condominium plat. Language shall be added to page 7 of 15 stating the purpose/intended use of the proposed conservation easements and restrictions thereto. The wetland delineation polygon and legend located in the lower left hand corner of page 1 of 15 shall be revised to include language stating when the wetland delineation was completed and by whom. The pond easement locations labels shown on page 4 o 15 shall be revised to state that these are stormwater facilities so as not to portray there placement as aesthetic. The proposed building setbacks from the (3) three private roads/cul-desacs shall be shown on the face of the condominium plat. According to the amended waiver petition, noted in line item (3) three above.