Agenda Packet - Eau Claire County

Transcription

Eau Claire County
PLANNING & DEVELOPMENT COMMITTEE AGENDA
Tuesday, November 24, 2015 • 6:00 p.m. *NOTE EARLIER START TIME*
Eau Claire County Courthouse • 721 Oxford Avenue • Room 1277
Eau Claire, Wisconsin
1. Call to order
2. Public Input Session (30 minute maximum)
Comments are restricted to matters within the Committee’s jurisdiction, and items not pertaining to
already scheduled public hearings. Comments will be limited to three minutes per individual.
3. Public Hearing:
Correspondence from Town of Union
p. 2 – 4
a. A conditional use permit request for the cumulative square footage of accessory structures to exceed
1,200 square feet in the R-2 Two-Family Residential District (Town of Union)
CUP-0017-15 / Discussion – Action
p. 4 – 17
b. A conditional use permit request for a public recreational use in the RH Rural Homes District (Town of
Union) Eaux Claires Music Festival CUP-0018-15 / Discussion – Action
p. 18 – 40
c. A conditional use permit request for a commercial outdoor recreation facility in the A-2 AgricultureResidential District (Town of Union) New Campground for Eaux Claires Music Festival CUP-0020-15 /
Discussion – Action
p. 41 – 88
d. A conditional use permit request for a commercial outdoor recreational area in the A-2 AgricultureResidential District (Town of Union) Whispering Pines Campground CUP-0019-15 /
p. 89 – 103
e. Proposed Ordinance: File No. 15-16/060 “To Amend Section 18.77.010 of the Code: JURISDICTION; To
Amend Section 18.77.080 of the Code: LAND SUITABILITY; To Create Section 18.81.035 of the Code:
RECONFIGURATIONS” / Discussion – Action
p. 104 – 105
f.
Proposed Ordinance: File No. 15-16/070 “To Amend Section 18.02.020 A. 5., 19., 54., 157. And 197 Of
The Code: Definitions; To Renumber 6. Through 20. As 7. Through 21., And 21. Through 54. As 23.
Through 56. And 55. Through 119. As 59. Through 123. And 120. Through 198. As 126. Through 232.
Of The Code: Definitions; To Create Section 18.02.020 A. 6., 22., 57., 58., 124., And 125. Of The Code:
Definitions; To Create Chapter 18.32 Of The Code: A-P Agricultural Preservation District” / Discussion
– Action
p. 106 – 131
4. A variance request for an unusual lot configuration, Section 25, T27N-R08W, Town of Lincoln / Discussion –
Action
p. 132 – 136
5. Review of October Bills / Discussion
p. 137 – 138
6. Review/Approval of October 27, 2015 Meeting Minutes / Discussion – Action
p. 139 – 142
7. Proposed Future Agenda Items / Discussion
8. Adjourn
Post: 11/18/2015
Please note: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language, interpreters or other auxiliary aids. For
additional information or to request the service, contact the County ADA Coordinator at 839-4710 (FAX) 839-1669 or (TDD) 839-4735 or by writing to the ADA Coordinator, Human
Resources Department, Eau Claire County Courthouse, 721 Oxford Ave., Eau Claire, Wisconsin 54703.
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EAU CLAIRE COUNTY PLANNING STAFF RECOMMENDATION
CONDITIONAL USE PERMIT NUMBER: CUP-0017-15
COMPUTER NUMBERS: 022-1051-04-000
PUBLIC HEARING DATE:
November 24, 2015
STAFF CONTACT:
Rod Eslinger, Land Use Manager
OWNER:
Ronald K. Henchen
APPLICANT:
Ronald and Joanne Henchen
REQUEST:
Conditional use permit for construction of accessory structure excess of
1,200 square feet
LOCATION:
2022/24 Kane Rd. Eau Claire, WI 54703
LEGAL DESCRIPTION:
LOT 1 OF CSM V.4 PG.7 (#726) LYG IN THE NE-SE
SUMMARY
Request for a conditional use permit to construct an accessory structure that would exceed 1,200
square feet of cumulative area of all accessory structures (1,008 square feet requested) in the R-2
District.
BACKGROUND
SITE CHARACTERISTICS:
 The applicants own a total of 1.50 acres used for two residential purposes (duplex).
 Currently situated on the property is a two family home with an existing 20’ x 26’ (520 square
feet) shed and a 30’ x 56’ (1,680 square feet) shed previously permitted in 2000 (CUP2000-14).
 Farm fields surround the property on three sides with two residential homes across Kane Road.
CURRENT ZONING:
The R-2 Two Family Residential District is established to provide an area for duplex development served
by public water and sewage disposal facilities.
ADJACENT ZONING & LAND USES:
North
West
South
East
DIRECTION
ZONING
A-1
A-1
A-1
RH
LAND USE
Farming – Crop Fields
Residential – Single Family
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EAU CLAIRE COUNTY PLANNING & DEVELOPMENT STAFF RECOMMENDATIONS, CUP-0017-15
LAND USE PLANS
The County Land Use Plan, adopted in 2010, includes this property in a Rural Lands planning area; the
Town of Union Comprehensive Plan also places this property in Rural Planning area.
Eau Claire County - Rural Lands (RL)
Intent and Description: The primary intent of these areas is to preserve productive agricultural lands,
protect existing farm & forestry operations from encroachment by incompatible uses, promote further
investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat
and open spaces. In other words, to preserve the rural character of these areas.
APPLICABLE ZONING REGULATIONS
Section 18.01.010 Purpose. This section describes the purpose of the zoning code. Generally, the
purpose of the zoning ordinance is as follows: to separate incompatible land uses from one another; to
maintain public health and safety; to protect and conserve natural resources; to prevent overcrowding; to
preserve property values; and to maintain the general welfare of the citizens.
Section 18.02.020 A.167.a Definition of an Accessory Structure. An “accessory structure” means a
subordinate structure which is clearly and customarily incidental to and located on the same lot as a
principal structure except that mobile/manufactured homes are not allowed as storage structures.
Section 18.10.040.B.2. Maximum Height for an Accessory Structure in the R-2 District. The
maximum height for the eaves of an accessory structure is 14 feet, and the maximum height for the
structure is 20 feet. Maximum height is measured as the height halfway between the peak of the roof
and the eaves.
Section 18.07.045 C. Accessory structures in the RH, Rural Homes District. A conditional use
permit is required to for accessory structures in excess of 1,200 square feet in the RH District and/or
where the cumulative square footage of accessory structures is in excess of 1,200 square feet. The
regulations also require that the appearance of an accessory structure shall be compatible with the
design, style, and appearance of the principal structure on the property.
Section 18.08.045 Additional requirements. The following regulations shall apply within the R-2
district:
A. Chapter 18.25 pertaining to parking;
B. Chapter 18.26 pertaining to the placement and use of signs.
C. All accessory structures shall meet the requirements of 18.07.045.C.
Chapter 18.21 Conditional Uses. Standards for approval of conditional uses: 1) the use must be in
conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the
use and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage
and other necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5)
adequate measures have been taken to prevent or control offensive odors, fumes, dust, noise and
vibration so these will not constitute a nuisance, and lighting is controlled so that it does not result in
disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access
does not pose traffic congestion or hazards.
ANALYSIS: It appears that findings can be made that the proposed request meets the standards for
accessory structures in residential districts, that the structure will be subordinate to the residence on the
property, and that it will meet all of the standards for conditional use permits. The exterior of the
structure will be consistent with the existing garage; thereby it’s compatible with the design, style and
appearance of the exterior appearance of the residence. This request does not appear to be injurious to
the use and enjoyment of other properties in the immediate vicinity. The lot is large enough to
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accommodate the addition to the detached garage. It does not appear that the use of the structure will
result in any nuisance factors such as noise, dust, or fumes. The property line shall be identified to
verify the setback requirements of 10 feet on the rear yard for accessory structures.
TOWN BOARD ACTION: The Town of Union Plan Commission and Town Board met on November 5
and November 11, respectively to discuss this request. The Town of Union recommended approval with
one condition; the addition be used for cold storage only
STAFF CONCLUSIONS AND RECOMMENDATION: Staff concludes that the request for the
cumulative square footage of the accessory structures to exceed 1,200 square feet on the applicant’s
property will meet all of the standards for an accessory structures in a R-2 District; will meet all of the
standards for approval of conditional use permits; and will be consistent with the purpose of the zoning
code. Staff recommends approval of the conditional use permit with the following conditions:
1. The site plan, floor plan and elevation drawings submitted with the application shall be attached
to and made a part of the permit. The structure shall be constructed in accord with the drawings
submitted and located on the property as shown on the site plan.
2. The appearance of the accessory structure must be compatible with the design, style, and
appearance of the principal structure on the property, in accord with 18.07.045 C. of the Eau
Claire County Code.
3. The structure shall comply with the height standards for accessory structures, including the limit
of eave height of 14 feet, and roof height of 20 feet.
4. Prior to construction, the applicant shall obtain a land use permit from the Department of
Planning and Development, as well as, a building permit from the Town of Union.
5. Truck bodies and semi-trailers are not allowed as accessory structures in the residential, C-1, C2, and F-1 districts per 18.30.180 of the Zoning Code. Any existing semi-trailers used for
accessory structures must be discontinued and not used as ‘storage structures’ for the property.
6. Use of the structure shall be limited to personal storage and shall not contain any living areas or
be used for commercial purposes.
7. The applicant shall notify the Land Use Control Manager upon completion of the accessory
structure so that staff can verify compliance with the terms of this approval.
8. The Land Use Manager can approve minor alterations from the terms of the permit. A major
change does require the approval of the committee at a public hearing.
9. The owners shall allow staff from the Department to enter the property at reasonable times to
inspect the premises for compliance with the conditions of this permit.
10. The permit is subject to Sections 18.21.080 to 18.21.100 of the Zoning Code. These provisions
establish when a conditional use permit lapses, the conditions under which it can be revoked,
and when a CUP expires due to the abandonment of a use.
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CUP-0017-15 HENCHEN
0
200
400
11172015
600ft
DISCLAIMER: This map is not guaranteed to be
accurate, correct, current, or complete and
conclusions drawn are the responsibility of the
user.
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CUP-0017-15 HENCHEN
Parcel Id
1802222710143209002
1802222710143209001
1802222710154109000
1802222710143300001
1802222710143209000
1802222710143200001
1802222710154100001
NAME
BROWN, GARFIELD R
BROWN, STEVEN W
HENCHEN, RONALD K
LEE, VANG S & MAIPA V
LITHO SPECIALISTS INC
RUPPELT, STEVEN
TUSKEN, ROBERT A & CHARLOTTE B
11172015
ADDRESS
2325 KANE RD
2031 KANE RD
2022 -24 KANE RD
4012 W CAMERON ST
2726 MONDOVI RD
2005 KANE RD
32 PO BOX
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CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
KEENE
STATE
WI
WI
WI
WI
WI
WI
TX
ZIP
54703-9446
54703-9689
54703
54703
54701-6136
54703-9689
76059-0032
EAU CLAIRE COUNTY PLANNING AND DEVELOPMENT
STAFF RECOMMENDATION
COMPUTER NUMBERS:
022-1087-07-000, 022-1083-06-000, 022-1086-04-040, 022-1086-05-000,
022-1086-06-000
November 24, 2015
STAFF CONTACT:
OWNER:
Foster Farms, Inc., 4028 Curvue Road, Eau Claire, WI 54701
APPLICANT:
Richard White, 3624 Oakwood Hills Parkway, PO Box 1030, Eau Claire, WI
54702
REQUEST:
The request by Eau Claire Events, LLC (“ECE”) to operate a proposed music
and arts festival, the Eaux Claires Music and Arts Festival, on the Country
Jam grounds in the Town of Union. This festival is expected to operate the
week before the Country Jam music festival in 2015, but in following years it
may operate the week before and/or after Country Jam based on scheduling.
LOCATION:
3443 Crescent Ave., Eau Claire, WI
LEGAL DESCRIPTION:
PRT SE-NE THAT PRT LYG W OF I-94 & N & E OF CTH C EX THAT PRT
OF LOT 1 CSM V.5 P.47 LYG IN SD 40 EX PCL 1-4-C (645/352), EX PCL 14-D (301/549), EX PCL 1-4-F (935/526), EX PCL 1-4-G (556/632) ALSO PRT
OF THE SW-NE THAT PRT LYG ELY OF CTH C, EX PRT OF LOT 1 CSM
V.5 PG.47, EX COM NE COR OF SD 40 TN WLY 535.4' TO POB TN SLY
TO N LN CTH C TN NWLY TO N LN SD 40 TN ELY TO POB, EX PCL#1-3-L
(357/920), EX PCL#1-3-K (192/373); N1/2-SE1/4, EX V409 PG411, EX PRT
LYG NE FOL DESC LN BEG 50' S & 80' E NW COR NE- SE TN S4*55'W
510.5' TN CONT S4*55'W 92.5' TN S60*09'W 91.2' TN S5*56'W 150.6' TN
S77*30'E 524.4' TN S 39.4' TN E TO E LN NE-NE, EX LOTS 1 & 2 CSM V2
PG257, EX LOT 3 CSM V1 PG187, EX PCL 4-2-G BEING PRT OF PCL
DESC IN V777 PG 709, EX COM SW COR O.L. 1 HILLTOP SUBDIV TN
S88*33'W 405' TN S AT R/A 38' TO BEG TN SLY TO C LN HWY TN SWLY
268' TN N 200' TN ELY TO BEG.; PRT OF THE NW-SE LYG S OF CTH EE
EX PCL'S 4-2-J&I BEING PRT OF PCL DESC IN V 851/866 & EX PCL 4-2-A
DESC IN 196/2 & EX PCL 4-2-H; GOV'T LOT 2 CONT 34.80 AC M/L; and
GOV'T LOT 3 CONT 35.95 AC M/L, all in Section 26, T27N-R10W, Town of
Union, Eau Claire County, Wisconsin
SUMMARY: Eau Claire Events, LLC is requesting a permanent approval of the conditional use permit
(CUP-0025-14) granted in 2014 by the Planning and Development Committee, which would allow the
Country Jam (Foster Farms) grounds and parking facilities to be used for a second music festival, the Eaux
Claires Music and Arts Festival. The Eaux Claires Music and Arts Festival is a two day event (Friday and
Saturday) that is proposed to be held at the Country Jam Music Festival grounds in the Town of Union.
The event will open at noon both days and the anticipated daily attendance will be approximately 22,000
people.
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BACKGROUND
The Eaux Claires Festival will be operated in a similar fashion to the Country Jam Festival. Most of the
infrastructure is in place and will remain as is during this proposed event.
Patrons will be transported to and from the festival grounds via shuttle transport buses. The shuttle buses
will run on several designated routes, continuously picking up and dropping off patrons from the
campgrounds, area hotels/motels in and around the City of Eau Claire, and designated parking lots around
the city. There is also event parking in the I-94 parking lot and accessible handicap parking on the lower
level, near the gates.
As with the original application, the applicant proposes the addition of a mobile stage across from the main
stage in the festival grounds. A large tent again will be located in the parking lot off of Paulina Street with
its orientation to the main grounds. This tent will serve as a third stage, and is proposed to be used for low
volume entertainment. The term “low volume” was not defined in the application materials. The revised
site plan also shows the placement of generators to service the tent. The area will be lit by generated light
towers to be located along the walking paths. Beverages (water, pop, beer) may also be served in the tent.
The Paulina parking lot is adjacent to existing residential uses.
In the original CUP application, the event hours on Friday were noon to 1:30 a.m., with the headline act
being done by 11:30 p.m., and on Saturday the hours were noon to 11:30 p.m. Staff is recommending that
the Friday night hours be changed to noon to 12 midnight.
The applicant has contracted with a security company for its security needs, and works with law
enforcement and emergency medical staff on case-by-case situations. The ECE group plans to update its
existing emergency management and communication plan, which was not included in the application
materials.
The Country Jam Festival was issued a conditional use permit on June 28, 1990 to operate a music festival
as a recreational use in the Rural Homes District. The site has been used for this purpose since 1990. In
1995, the permit was amended to alter the site plan, to allow storage on the lower level, and to place fill in
the floodplain.
REQUEST CHARACTERISTICS:
CURRENT ZONING: RH Rural Homes District. The purpose of the RH District is "...to provide for
suburban large-lot (residential) development with individual on-site water and sewage disposal facilities."
ZONING
LAND USE
North
RH
Residential
West
RH
Residential
South
Chippewa River
East
RH and R-1-L Residential
LAND USE PLANS: The County Land Use Plan, adopted in April of 2010, includes this property in a Rural
Residential Planning area. The Town Comprehensive Plan adopted in 2010 also includes this property in
the Rural Residential Planning area.
Rural Residential (RR)
Intent and Description: The primary intent of this classification is to identify areas suitable for future nonfarm residential development. Rural Residential areas include lands that are delineated as existing
residential properties or vacant platted areas. In addition, some undeveloped land has been designated for
RR development where subdivision expansion is likely to occur. These additional areas tend to be
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adjacent to existing rural subdivisions or where local roads and utilities exist to efficiently and economically
serve the area.
Section 18.07.030 E. Public recreational uses, including golfing, tennis, swimming, and archery.
conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use
and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other
necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate
measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these
will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to
neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic
congestion or hazards.
ANALYSIS: The following discussion provides an analysis of the permanent amendment to the conditional
use permit based upon the standards in the zoning code:
The proposed amendment appears to be mostly consistent with the principal use of the property as
music festival grounds. However, staff has several concerns with the addition of the tent and stage that
will be located in the Paulina Street parking lot. Locating a tent in the Paulina Street lot could be
injurious to the use and enjoyment of other property in the neighborhood. Neighbors filed noise
complaints with the town during last year’s festival. The proposed tent is adjacent to residential uses
that could be disturbed by the noise created by the patrons, generator, musical acts performing on
stage, or the showing of movies. The applicant indicated that the tent will provide for low volume
entertainment, but has not yet provided a definition of low volume or proposed decibel levels. Also, tent
site generators are proposed to supply power to the tent and stage area, the application materials did
not provide information on the estimated noise level of the generator during operation. Given the
location, this could create additional noise from the start of operation (noon) to the close (midnight),
staff recommends that the applicant either attempt to locate the tent elsewhere on the event grounds,
or eliminate it from the proposal. If the applicant relocates the tent to the main event grounds, a new
site plan must be submitted to the department for review and approval.
Provided that the tent is either relocated or removed from the site plan, staff would find that the
proposed music and arts festival would be consistent with the purpose of the zoning ordinance,
provided the use conforms to the terms of this permit.
TOWN BOARD ACTION: The Town of Union Town Board met on November 10, 2015, and voted to
approve the request subject to the following conditions:
2015 Town Board Recommendations:
 The tent that was constructed off of Paulina Street face a different direction to help control the
noise levels.
 The tent construction of Paulina Street set up and take down can only occur during the hours of 7
a.m. to 7 p.m..
 Decibel levels have to be recorded during the event, and findings have to be submitted to the
Town of Union Town Board.
 Approval is for one-year only.
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 The music festival will close Friday at 1:30 a.m. and at midnight on Saturday.
 Decibel levels are to be measured during the festival and these readings are to be given to the
Town Board.
 ECE officials are to give the event staff contact names and phone numbers to neighbors.
 Fire Department and the building inspection must conduct an inspection of the facility prior to
opening.
 ECE officials shall give prior notification to fire department, if fireworks are used. The Fire
Department shall determine if weather conditions and weather safety are appropriate for the
discharge of fireworks.
 No one to be on grounds overnight except for security.
 No pedestrian traffic on roads.
 ECE must attend the August town board meeting to discuss issues.
 To have the exact same conditions and run the same as Country Jam.
STAFF CONCLUSIONS AND RECOMMENDATION: Staff has concluded that the request by Eau Claire
Events, LLC to amend the Country Jam conditional use permit, which would allow the music grounds and
parking facilities to be used for a second music festival, Eaux Claires Music and Arts Festival, will be
consistent with the standards for conditional use permits, and they will be consistent with the purpose of
the zoning code. Staff recommends approval of the conditional use permit with the following conditions:
1. This amendment allows Eau Claire Events, LLC. officials to operate the Eaux Claires Arts and
Music Festival in the same manner that the Country Jam Music Festival is operated. After the
2016 Eaux Claires Arts and Music Festival has been completed, the Country Jam and Eau Claire
Events, LLC officials must meet with the Supervisor of Land Use Controls; the Town of Union town
officials; and Eau Claire County Sheriff’s Department, to determine if any modifications are
necessary to be made to the conditional use permit. The applicant will need to reappear in front of
the Eau Claire County Committee on Planning and Development before the 2017 Eaux Claires Arts
and Music Festival to request to use the Country Jam music grounds, as a permanent amendment
to Country Jam USA’s original conditional use permit.
2. The materials submitted with the application shall be attached to and made a part of the permit, and
all development of the site shall be done in accord with the site plans, including the proposed tent to
be constructed in the Paulina Street parking lot. If the tent is relocated to the festival grounds, then
a new site plan of the festival grounds shall be submitted to the department for review and approval.
3. The siting of the tent in the Paulina Street lot shall be oriented to the west and south facing away
from all residential areas.
4. The tent construction, and take down. off the Paulina Street lot shall only occur from 7 a.m. to 7
p.m.
5. The capacity of the tent shall be placarded inside with all exits clearly labeled. The capacity shall
not exceed the tent manufacturer standards at any time during the festival.
6. Searchlights, spotlights, laser beams, or any concentrated beams of light shall be prohibited.
7. The applicant must secure an assembly permit from the Eau Claire County Sheriff’s Department
prior to the 2016 event, and each subsequent year.
8. The remaining conditions of conditional uses issued to the Country Jam music festival in 1990,
1991 and 1995 apply to this approval and remain in effect unless otherwise amended by the
committee.
9. The discharging of fireworks is prohibited at the events grounds, including the parking lots.
10. The applicant shall notify the Township Fire Department and Building Inspector prior to the event to
arrange an inspection of the event grounds.
11. Pedestrian traffic entering and/or leaving the event grounds must be controlled during the event
hours, and all road crossings must be clearly marked.
12. All light towers shall be shielded and must direct all lighting toward the ground and be oriented
away from residences and roadways.
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13. The Eau Claire Events, LLC, shall submit a copy of the “Event Emergency Management Plan” for
the festival to the Planning and Development Department. The plan is to be reviewed annually by
the Eau Claire County Emergency Management Coordinator, Eau Claire County Sheriff’s
Department, and the Township Fire Department.
14. The Eau Claire County Sheriff’s Department shall be provided a copy of this permit.
15. The Eaux Claires Arts and Music Festival event hours are as follows: Friday, noon to 11:30 p.m.,
and Saturday, from noon to 12 midnight, with the grounds being vacated by 1:30 a.m.
16. The Eau Claire Events, LLC officials shall provide all neighbors with all security/management phone
contact numbers that can be called during the event.
17. The applicant shall provide sound pressure level (SPL) readings to establish base line decibels at
the property. The SPL meter readings will be taken on two different dates at noon, 3 p.m., 6 p.m., 9
p.m., and midnight prior to event set up along the north and east property lines of the Paulina Street
parking lot (tent location). The applicant shall also provide SPL meter readings at the same
locations and times in the Paulina Street parking lot (tent location) on Friday and Saturday of the
two day event. A professional trained in reading sound pressure level equipment shall record the
decibel readings and file a report of the findings with the Town of Union Town Board and the
Department of Planning and Development within 30 days of the event.
18. All garbage will be picked up from the property after the event and properly disposed of. As
required by the 1995 conditional use amendment, the applicant is to provide the Department of
Planning and Development a financial assurance in the amount of $10,000 with the authorization
for the Department to secure crews to meet the clean-up requirements of the permit. Upon a
satisfactory inspection of the event grounds, the department will release the financial assurance to
the applicant.
19. The applicant shall submit a plan to facilitate the proper collection and disposal of the solid waste
that is generated on site. This is includes providing garbage and recycling containers throughout
the campground. All recyclable materials must be recycled in accord with Chapter 12.73 of the
County Code.
20. Proper fencing shall be maintained at the event grounds to prevent the patrons from trespassing on
adjacent properties. All fencing shall be maintained, and shall be in good repair, between all
neighboring properties.
21. The applicant shall obtain the necessary state, county and town permits for the project, including
but not limited to: well and sanitary approvals, access approvals, storm water and erosion control
permit, commercial plan approval, land use permit, health permits and sign permits.
22. The ingresses and egresses shall be clearly signed for the use they are intended to serve.
23. The Land Use Supervisor can approve minor alterations from the terms of the permit. A major
change requires the approval of the committee at a public hearing.
24. The owner shall allow staff from the Eau Claire County, which may include the Eau Claire County
Sherriff’s Department, Eau Claire City/County Health Department, and the Department of Planning
and Development to enter the property at reasonable times to inspect the premises for compliance
with the conditions of the permit.
establish when a conditional use permit lapses, the conditions under which it can be revoked, and
when a CUP expires due to the abandonment of a use.
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CUP-0018-15 EAU CLAIRE EVENTS
0
200
400
11172015
600ft
user.
34
0
500
1000
11172015
1500ft
user.
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Parcel Id
1802222710263100002
1802222710261309000
1802222710263109001
1802222710261300010
1802222710261200001
1802222710264100005
1802222710264100026
1802222710260019000
1802222710263100001
1802222710264100001
1802222710263100006
1802222710264100024
1802222710350010009
1802222710264100020
1802222710261300009
1802222710261302016
1802222710261302017
1802222710264100006
1802222710261309004
1802222710264100017
1802222710264209000
1802222710264209001
1802222710261309005
1802222710261302020
1802222710264100010
1802222710261302006
1802222710260020001
1802222710264100008
1802222710261200002
1802222710261300003
1802222710260010001
1802222710264100011
1802222710261300005
1802222710260010009
1802222710261302000
1802222710260010010
NAME
3512 CRESCENT AVENUE LLC
ADAMS, JOSHUA M
AHLERS, RANDAL J & BARBARA A
ALF, JOSEPH A & KATHRYN A
ALF, STEPHEN J & ESTHER M
ANDERSEN, PATRICIA A
ANDERSON, VALERIE A
BERGER, CURTIS J & CONNIE A
BEST, ROXANNE F
BRINDLE, CHAD M
BRUNNER, DAVID
BULL, MARK C
CANDELL, T WILLIAM & PATRICIA A
CONTARDI, JOEL
COWLES, JHAN J & COLLEEN A
CRANDALL, RICK J & BARBARA A
CRANDALL, RICK J & BARBARA A
CRANDALL, ROGER E & JEANNE M
CUCCIA-NILSEN, MARTIN
DAVIS, TERRY L
DODGE, ERWIN
DODGE, TERRY LEE
DUTTER, JEROME
EAU CLAIRE COUNTY, ATTN: COUNTY CLERK FORD, JOHN
FORSTER, ELWAYNE W & MARGY A
FOSTER FARMS INC
GARDOW, LOYDE R & EVELYN J
GUTSCH, DONALD R & JOAN B
GUTSCH, FREDERICK H & MARY LOU
HADY, WILLIAM
HELSTROM, LEONE M
HESTEKIN, STEVEN J & JANE M
HEYDE, DENNIS L
HOLUM, CAROL
JUDKINS, DAMIEN T B
11172015
ADDRESS
630 WATER ST
1725 W FOLSOM ST
3800 CRESCENT AVE
3429 REMINGTON RD
3420 CURVUE RD
2607 CRESCENT AVE
2510 PAULINA ST
1325 SILVERMINE DR
3504 CRESCENT AVE
2501 PAULINA ST
3520 CRESCENT AVE
2500 PAULINA ST
3406 MELBY RD
2515 PAULINA ST
3437 REMINGTON RD
3309 REMINGTON CT
3309 REMINGTON RD
2715 CRESCENT AVE
3312 CURVUE RD
2521 PAULINA ST
3446 CRESCENT AVE 2 APT
3438 CRESCENT AVE
3310 REMINGTON RD
721 OXFORD AVE 3350 STE
2603 CRESCENT AVE
3357 CURVUE RD
4028 CURVUE RD
2605 CRESCENT AVE
3466 CURVUE RD
3324 CURVUE RD
1435 SILVERMINE DR
2725 CRESCENT AVE
3411 CURVUE RD
345 FRENETTE DR
3529 CRESCENT AVE
3911 CRESCENT AVE
36
CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
CHIPPEWA FALLS
EAU CLAIRE
EAU CLAIRE
STATE
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
ZIP
54703-6150
54703
54703
54703
54703
54703
54703
54703-9200
54703-9151
54703-6097
54703-9151
54703
54703
54703
54703
54703
54703
54703-6114
54703-9225
54703
54703-9257
54703
54703-9156
54703-5481
54703-6093
54703
54703
54703
54703
54703
54703-9228
54703-6027
54703
54729
54703-9151
54703-9170
Parcel Id
1802222710264100002
1802222710261300006
1802222710264100021
1802222710260010006
1802222710261302030
1802222710261400003
1802222710264100022
1802222710264200001
1802222710264100012
1802222710260010002
1802222710261302015
1802222710264100007
1802222710261400002
1802222710260010011
1802222710261309006
1802222710261300002
1802222710261100002
1802222710261309002
1802222710253200001
1802222710264100003
1802222710261302028
1802222710264100027
1802222710261302012
1802222710261302003
1802222710260010003
1802222710261300007
1802222710264209002
1802222710261302018
1802222710264100018
1802222710263100007
1802222710350010001
1802222710264200002
NAME
LAWRENCE, DAVID R & BETTY J
LEE, THOMAS & PATRICIA M
MANNING, DEBRA A
MCCANN, JAMES
MCLEAN, JANET K
NELSON, ROBERT
NICHOLS (TOMLINSON), DIANE
OLDENBERG, DAVID G
OLSON, RICHARD
OLSON, SANDRA A (YOUNG)
O'MARA, RYAN D & JESSICA J
O'REILLY, GREGORY L & MARY C
RANDALL, SANDRA
REMINGTON, BRUCE
REMINGTON, NATHANIEL R & MICHELLE L
REMINGTON, ROBERT D & LORI A
REMINGTON'S FARM LLC
RISBERG, SHARON J
ROACH, THOMAS M & LILLIAN GAIL
ROSE, DONOVAN E & FAYE B
RUDE, MELVIN
SCHEUERMANN, JUDITH A
SCHINDLER, PATRICIA A
SMITH, PIERRE J
STONE, JEFFERY M & BETH M
STROBEL, ERIC A & JESSICA L
TAYLOR, ELIZABETH
THOMAS, RAYMOND L
THOMPSON, DOUGLAS C & BARBARA J
WEIR, CYNTHIA
WESTGATE SPORTSMAN CLUB
WOOLSEY, GARY & BRENDA
ADDRESS
2512 PAULINA ST
3438 REMINGTON RD
406 S ARIZONA ST
1411 SILVER MINE DR
3331 CURVUE RD
2510 CRESCENT AVE
2513 PAULINA ST
3408 CRESCENT AVE
W 3801 SERVICE RD
1320 SILVER MINE DR
3301 REMINGTON CT
1867 COUNTY HIGHWAY OO
26913 N 15TH DR
3740 SOLEY LN
3550 REMINGTON RD
3278 CURVUE RD
4004 CURVUE RD
3418 REMINGTON RD
2511 PAULINA ST
2705 CRESCENT AVE
3315 CURVUE RD
2519 PAULINA ST
3207 REMINGTON CT
3450 REMINGTON CT
1404 SILVER MINE DR
3445 REMINGTON RD
3251 REMINGTON RD
N 2179 1010TH ST
419 PITT ST
415 KANE RD
4909 SPORTSMAN DR
3259 REMINGTON RD
37
CITY
EAU CLAIRE
EAU CLAIRE
SILVER CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
CHIPPEWA FALLS
PHOENIX
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
STATE
WI
WI
NM
WI
WI
WI
WI
WI
WI
WI
WI
WI
AZ
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
ZIP
54703
54703
88061-4876
54703-9207
54703
54703-6024
54703
54703-9151
54701-9508
54703
54703
54729-5348
85085-6316
54703-9119
54703
54703
54703
54703-9157
54703-6097
54703
54703
54703
54703-9235
54703
54703-9231
54703-9157
54703-9235
54701
54703
54703-9168
54703
54703
38
10/21/2015
PARCEL_NO
040442
040630
040533
040418
040445
040534
040518
040441A
040521
040532
040657
040413
040411
040515
040537
040444
040514
040522
040419
040682
040536
040531
040423
040652
040653
040520
040517
040422
040414
040539
040453
040446
040627
040519
040540
CUP-0018-15
PIN_NO
1822122710251409003
1822122710261109003
1822122710261402005
1822122710252300009
1822122710252309007
1822122710261402006
1822122710261102002
1822122710252309009
1822122710261102005
1822122710261102016
1822122710261102024
1822122710253200019
1822122710253200017
1822122710261402002
1822122710261402009
1822122710261409004
1822122710252302027
1822122710261102006
1822122710252300010
1822122710261102049
1822122710261402008
1822122710261102015
1822122710252300014
1822122710261102019
1822122710261102020
1822122710261102004
1822122710261402004
1822122710252300013
1822122710253200020
1822122710261402011
1822122710252302011
1822122710252309008
1822122710261109000
1822122710261102003
1822122710252302028
NAME
BALTS DELVIN H & KELLEY
BAUER CORY R & AMBER M
BENNETT NEAL S & LANA A
BERG LUCAS J
BERTSCH CHRIS M
BIESTERVELD EZRA W & STACY L
DESIENO STEPHEN P & LISA A
DEUTSCH CHARLES I & TINA M
DORN BRIAN L & HEIDI S
DROIVOLD STEVEN A
DUFFY RYAN M
EISENHUTH DAVID P & BARBARA J
EISENHUTH TRUST-DAVID P & BARBARA J-TRUSTEES
FISHER REBECCA J
FRIDLUND CHET V & KELLY
FRIEND FELLOWS JASON D & STEFANIE J
GOETHEL JUSTIN K & ABBY A
GRIFFITH MICHAEL P & ELIZABETH M
HAUG EUGENE R & SYLVIA J
HAUGEN KEITH & KATIE SCHUETH
JANOTA ERNEST E
KOXLIEN LOUISE I
KRAMER RICKY A & JULIE A
KUEHN PROPERTIES LLC
KUEHN PROPERTIES LLC
LEFFELMAN FRANK A & SHANNON D
LEHMANN ZACHARY J & MEGAN C
MAKI BRIAN K & LUPE F
MAUG MICHAEL D
MCCAWLEY ANDREW M
MERO BRIAN T
MOATS WILLIAM D & CHARLENE E RIENOW
NAPPER KIMBERLY S
NELSON ROBERT A
PAULSON KAYLA M
Page 1 of 2
39
ADDRESS
504 CHRISTIAN AVE
2519 KENORA PRKY
2503 KENORA PKWY
2402 CRESCENT AVE
410 CHRISTIAN AVE
2445 KENORA PKWY
2502 KENORA PKWY
512 CHRISTIAN AVE
335 ARBOR HILLS CIR
2509 KENORA PKWY
2601 KENORA PKWY
11239 28TH AVE
2095 CO RD OO
2418 KENORA PKWY
2423 KENORA PKWY
424 CHRISTIAN AVE
348 MONTE CARLO DR
327 ARBOR HILLS CIR
507 CHRISTIAN AVE
335 QUETICO CT
2431 KENORA PKWY
2515 KENORA PKWY
2304 CRESCENT AVE
2543 KENORA PKWY
2549 KENORA PKWY
2514 KENORA PKWY
2444 KENORA PKWY
2308 CRESCENT AVE
2401 CRESCENT AVE
2411 KENORA PKWY
425 CHRISTIAN AVE
408 MONTE CARLO DR
328 ARBOR HILLS CIR
2508 KENORA PKWY
402 MONTE CARLO DR
CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
CHIPPEWA FALLS
CHIPPEWA FALLS
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
STATE
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
ZIP
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54729
54729
54703
54703
54703
54703
54703
54703
54703
54701
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
54703
10/21/2015
040629
040393
040454
040513
040656
040628
040650
040538
040655
040421
040681
040420
040441
040397C
040535
040410
040415
040654
040516
040440A
040651
CUP-0018-15
1822122710261109002
1822122710253200022
1822122710252302012
1822122710261402001
1822122710261102023
1822122710261109001
1822122710261102017
1822122710261402010
1822122710261102022
1822122710252300012
1822122710261102048
1822122710252300011
1822122710251409002
1822122710253209005
1822122710261402007
1822122710253200016
1822122710253200021
1822122710261102021
1822122710261402003
1822122710261409000
1822122710261102018
PETERSON ERIC J & NICOLE M
PICHLER ADOLPH S & JANE
PIEL VICTOR E JR
PRUST DANIEL R
RABER JAMES E & FRANCESCA R
RISTE RYAN J & LARA J
RODRIGUEZ DAVID T
RUST LOWAYNE L & SUE R
SMITH THOMAS F & NANCY M
SORENSON ROGER D
SPIES JACOB & NATALIE M
STRAUCH JOSEPH M & CRYSTAL L
TINA M
TUBBS PAUL J & PAMELA
VANDERWYST THOMAS R
VIETH JASON K & JENNIFER E
VUECHETICH JENNIFER J
WALTON CHARLES L
WHITEHEAD EVAN M & BRIANNA A MESANG
WIZONA PROPERTIES INC
WRITZ ADAM M
2523 KENORA PRKY
N7029 ALBANY G
411 CHRISTIAN AVE
340 MONTE CARLO DR
2567 KENORA PKWY
2536 KENORA PKWY
2531 KENORA PKWY
2419 KENORA PKWY
2561 KENORA PKWY
2310 CRESCENT AVE
327 QUETICO CT
519 CHRISTIAN AVE
512 CHRISTIAN ACE
619 VAN BUREN ST
2437 KENORA PKWY
2313 CRESCENT AVE
2405 CRESCENT AVE
2555 KENORA PKWY
2436 KENORA PKWY
610 E GRAND AVE
2537 KENORA PKWY
Page 2 of 2
40
EAU CLAIRE
MONDOVI
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
54703
54755
54703
54703
54703
54703
54703
54703
54703
54703
54703
54729
54703
54703
54703
54703
54703
54701
54703
54701
54703
EAU CLAIRE COUNTY PLANNING AND DEVELOPMENT
STAFF RECOMMENDATION
COMPUTER NUMBERS:
022-1090-01-000, 022-1090-02-000, 022-1090-03-000, 022-1090-04-000,
022-1090-05-000, 022-1090-0600
November 24, 2015
STAFF CONTACT:
OWNER:
Bruce Remington, 3740 Soley Lane, Eau Claire, WI 54701
APPLICANT:
Richard White, 3624 Oakwood Hills Parkway, PO Box 1030, Eau Claire, WI
54702
REQUEST:
The request by Eau Claire Events, LLC (ECE) is to operate a campground
(3855 sites) during the Eaux Claires Music and Arts Festival. This festival is
planned to operate in August, but the weekend may vary based on
scheduling of the mucical acts. The 2016 Eaux Claires Music and Arts
Festival is scheduled for August 12 and 13.
LOCATION:
6909 Curvue Road, 6911 Curvue Road, 6915 Curvue Road, Eau Claire, WI
LEGAL DESCRIPTION:
The NE ¼ of the NW ¼, NW ¼ of the NW ¼, SW ¼ of the NW ¼, SE ¼ of
the NW ¼, NE ¼ of the SW ¼, and NW ¼ of the SW ¼, all in Section 28,
T27N-R10W, Town of Union, Eau Claire County, Wisconsin (240 acres)
SUMMARY: The applicant is requesting a conditional use permit (CUP-0020-15) to establish a
recreational use on the property. Specifically the recreational use proposed is a 3,855 site campground
that will be operated during the week of the Eaux Claires Music and Arts Festival. The event is planned to
take place in August of each year. This year, the Eaux Claires Event organizers obtained a conditional use
permit to utilize the Whisper Pines and Whispering Fields campground off of Crescent Ave. The proposed
campground will be available for campers on August 11, 2016 with the campers departing on August 14,
2016. It is anticipated that 10,000 to 12,000 campers are expected to camp at the site.
The Eaux Claires Music and Arts Festival is a two day event (Friday and Saturday) that is held on the
grounds of the Country Jam Music Festival grounds in the Town of Union. The event will open at noon
both days and the anticipated daily attendance will be approximately 22,000 people.
BACKGROUND FOR THE REQUEST: The campground, as proposed, will only be available to campers
that will be attending the Eaux Claires Music and Arts Festival. Camping will not be allowed at any time
during the year besides during the Eaux Claires Music and Arts Festival.
The campground will offer 3,541 campsites for patrons and another 314 campsites for event staff. The
total number of campsites provided is 3,855. As shown on the site plans and described in the narrative,
the campground is divided into four camping areas (Areas 2, 3, 5 and 7). The applicant will need to apply
for and be issued a campground permit from the Eau Claire County Health Department.
41
Campers will enter the campground via the car entrance off of Curvue Road, described as Area 1 of the
amended plans. Area 1 is designed to accommodate serval hundreds cars during peak registration hours,
this design will prevent traffic congestion on Curvue Road. The proposed car entrance driveway requires
County Highway Department approval. Internal signage will direct campers to their camp sites.
Twenty foot wide access roads are required to be constructed to support internal automobile travel within
the campground. The grading and excavation of the access roads will require an erosion control and storm
water permit approval by the Land Conservation Division. Each camping area will have 12-foot wide rows
between sets of campsites. The individual campsites are planned to be 20-feet by 40-feet. The application
materials indicate that one car will be allowed per campsite.
The application materials indicate that buffers have been incorporated into the campground design and
range from 68-feet to 208-feet. The applicant will construct a four foot fence to delineate the campground
boundary.
Each camping area is shown to have security and first aid tents to serve the campers. The applicant has
contracted with a security company for its security needs, and works with law enforcement and emergency
medical staff on case-by-case situations. The ECE group plans to update its existing emergency
management and communication plan, which was not included in the application materials.
Portable light towers will be placed throughout the camp ground to light walk ways, bathroom and showers
areas, first aid and security areas, and garbage and recycling receptacles.
A temporary camp store will be available within the campground that will offer items for sale (pop, water,
snacks, etc.). No beer or alcohol will be sold onsite. Several food vendors will be located in three different
areas in the campground. Portable water will be available to campers. Garbage disposal and recycling will
be provided by Waste Management.
Campers will be transported to and from the festival grounds via shuttle transport buses. The pick-up and
drop off area is located on the north east corner of the Remington property, north of camping Area 7.
Shuttles are scheduled to run every ten minutes from 10:30 a.m. to 1:30 a.m. The shuttle site will require a
dust suppression as well as an access permit from the County Highway Department.
The campground setup will begin on Saturday, August 6, 2016 and the set will be cleaned up by
Wednesday, August 17, 2016.
It should be noted, that the campground will not have a DJ or live music.
REQUEST CHARACTERISTICS:
CURRENT ZONING: A-2 Agriculture-Residential District. The purpose of the A-2 District is to, "Provide
areas for limited residential and hobby farm development in a rural atmosphere" and to "preserve the
county's natural resources and open space."
ZONING
LAND USE
North
A2/A1
Single family residences, woodlands, and agricultural fields
West
A1
Single family residences, woodlands, and agricultural fields
South
A2
Wooded and agricultural fields
East
A1/A2
Agricultural uses
LAND USE PLANS: The County Land Use Plan, adopted in April of 2010, includes this property in a Rural
Lands and Rural Residential Planning area. The Town Comprehensive Plan adopted in 2010 also includes
this property in the Rural Preservation and Rural Transitional Planning area.
42
Rural Lands (RL)
Intent and Description: The primary intent of these areas is to preserve productive agricultural lands,
protect existing farm & forestry operations from encroachment by incompatible uses, promote further
investments in farming, maintain farmer eligibility for incentive programs, and preserve wildlife habitat and
open spaces. In other words, to preserve the rural character of these areas.
Intent and Description: The primary intent of this classification is to identify areas suitable for future nonfarm residential development. Rural Residential areas include lands that are delineated as existing
residential properties or vacant platted areas. In addition, some undeveloped land has been designated for
RR development where subdivision expansion is likely to occur. These additional areas tend to be
adjacent to existing rural subdivisions or where local roads and utilities exist to efficiently and economically
serve the area.
Section 18.05.030 B. Commercial outdoor recreation areas inclusive of but not limited to golf courses,
stable ring, rifle ranges, gun clubs, and campgrounds;
conformance with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use
and enjoyment of other property in the immediate vicinity; 3) adequate utilities, access, drainage and other
necessary facilities have been or are provided; 4) adequate off-street parking is provided; 5) adequate
measures have been taken to prevent or control offensive odors, fumes, dust, noise and vibration so these
will not constitute a nuisance, and lighting is controlled so that it does not result in disturbance to
neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic
congestion or hazards.
ANALYSIS: The following discussion provides an analysis of the conditional use permit based upon the
standards in the zoning code:
The proposed application appears to be consistent with the establishing a campground in the agricultural
residential district. This has been supported by the Town of Union Town Plan Commission. The use will
be consistent with the purpose of the zoning ordinance, provided the use conforms to the terms of this
permit.
However, staff has several concerns with the application that are not addressed in the application,
which could lead to issues that may be injurious to the use of enjoyment of other property in the
immediate vicinity. The following concerns require additional clarification by the applicant:





Quiet hours for the campground were not noted.
Dust suppression needs to be addressed for the vehicle registration, internal road system,
and the shuttle areas.
Restrictions stipulated in the utility easement agreement between the owner and Eau Claire
Energy Cooperation may impact the layout and design of the campground.
In the event of a storm event or other emergency situation, the applicant needs to develop
an emergency evacuation plan for the campground.
Emergency contact information shall be provided to the county and town.
43





Information required regarding the light towers to ensure the lights are shielded and direct
the light downward so not to cause light pollution to other properties.
Require information regarding decibels levels from the generators providing power to the
light towers.
Sound pressure level (SPL) decibel readings to establish base line sound levels at the site.
The site contains several agricultural and storage outbuildings, along with areas where
agricultural implements and vehicles are parked. What measures are in place to prevent
camper access to these areas?
What measures will be taken to protect the marsh areas on the site from begin disturbed?
TOWN BOARD ACTION: The Town of Union Town Board met on November 10, 2015, and voted to
approve the request subject to the following conditions:
 No west entrance
 Entrances on the east and middle only
 No beer or alcohol sales in the campground
 This campground would be for the Eaux Claires Music Festival only
 1 year permit only
 Buffer areas for all neighbors
 Fire/EMS have areas onsite
 No pets
 Adequate security
The Town of Union’s Plan Commission met on November 5, 2015 and recommended approval to the town
board with the same stipulations.
STAFF CONCLUSIONS AND RECOMMENDATION: Provided that the applicant can adequately address
staff’s concerns above, staff could conclude that the conditional use request by Rich White (owner: Bruce
Remington) to operate a 3,885 site campground would be consistent with the standards for conditional use
permits, and they will be consistent with the purpose of the zoning code. Staff recommends approval of the
conditional use permit with the following conditions:
1. This conditional use permit allows Eau Claire Events, LLC. officials to operate the camp ground as
proposed. After the 2016 Eaux Claires Arts and Music Festival has been completed, the Eau Claire
Events, LLC officials must meet with the Manager of Land Use Controls; the Town of Union town
officials; and Eau Claire County Sheriff’s Department, to determine if any modifications are
necessary to be made to the conditional use permit. The applicant will need to reappear in front of
the Eau Claire County Committee on Planning and Development before the 2017 Eaux Claires Arts
and Music Festival to request to use the Remington campground, as a permanent campground for
campers attending the Eaux Claires Music and Arts Festivals.
2. The materials submitted with the original application and the amendments dated November 16,
2015 shall be attached to and made a part of the permit, and all development of the site shall be
done in accord with the site plans.
3. The applicant shall obtain the necessary state, county and town permits for the campground,
including but not limited to: campground permit from the Health Department, assemble permit from
the Sherriff Department, access permits from the County Highway, storm water and erosion control
permit from the Land Conservation Division, commercial and land use permit from the Planning and
Development Department, and other related permits/approval as necessary.
4. The ingresses and egresses shall be clearly signed for the use they are intended to serve.
6. Pets are not allowed.
7. No onsite sale of beer or alcohol is allowed.
44
8. The discharging of fireworks is prohibited at the campground.
9. The applicant shall notify the Township Fire Department and Building Inspector prior to the event to
arrange an inspection of the event grounds.
10. All light towers shall be shielded and must direct all lighting toward the ground and be oriented
away from residences and roadways.
11. Eau Claire Events, LLC. shall submit a copy of the “Emergency Management Plan” for the
campground to the Planning and Development Department. The plan is to be reviewed annually by
the Eau Claire County Emergency Management Coordinator, Eau Claire County Sheriff’s
Department, and the Township Fire Department.
13. Eau Claire Events, LLC officials shall provide all neighbors with all security/management phone
contact numbers that can be called during the event.
14. The applicant shall provide sound pressure level (SPL) readings to establish base line decibels at
the property. The SPL meter readings will be taken on two different dates at noon, 3 p.m., 6 p.m., 9
p.m., and midnight prior to event set up along the south, west and east property lines of the
campground. The applicant shall also provide SPL meter readings at the same locations and times
in the campground on Thursday, Friday and Saturday of the two day event. A professional trained
in reading sound pressure level equipment shall record the decibel readings and file a report of the
findings with the Town of Union Town Board and the Department of Planning and Development
within 30 days of the event.
15. A dust suppression plan shall be provided to the department for review.
16. Quiet hours shall be 2 a.m. to 8 a.m.
17. The applicant shall submit a statement from Eau Claire Energy Cooperative that the campground
plan as proposed will not violate the terms of the Utility Easement Agreement.
18. All garbage and containers will be removed from the property by the following Friday after the Eaux
Claires Music and Arts Festival.
19. All recyclable materials must be recycled in accord with Chapter 12.73 of the County Code.
20. Proper fencing shall be maintained at the event grounds to prevent the patrons from trespassing on
adjacent properties. All fencing shall be maintained, and shall be in good repair, between all
neighboring properties.
21. The Land Use Manager can approve minor alterations from the terms of the permit. A major
change requires the approval of the committee at a public hearing.
22. The owner shall allow staff from the Eau Claire County, which may include the Eau Claire County
Sherriff’s Department, Eau Claire City/County Health Department, and the Department of Planning
and Development to enter the property at reasonable times to inspect the premises for compliance
with the conditions of the permit.
establish when a conditional use permit lapses, the conditions under which it can be revoked, and
when a CUP expires due to the abandonment of a use.
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
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Amendment
77
Amendment
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Amendment
85
Amendment
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CUP-0020-15 WHITE
0
500
1000
11172015
1500ft
user.
87
CUP-0020-15 WHITE
Parcel Id
1802222710284209002
1802222710291100001
1802222710294400001
1802222710213400001
1802222710283400001
1802222710213400002
1802222710204409000
1802222710291100002
1802222710281200001
1802222710204400001
1802222710281200002
1802222710294100001
1802222710284300001
1802222710283300001
1802222710291109000
1802222710213309000
1802222710213300002
1802222710213400003
1802222710282100001
1802222710291109001
1802222710214300001
1802222710213309001
NAME
AMUNDSON, ANTHONY R & PAMELA J
BENISH, PAUL J
BRIGGS, MARK
C&O LLC
GOSS, JEFFREY A & HOLLY B
JOHNSON, CINDY L
KOHLEPP, KEVIN J & RACHAEL L
KOHLHEPP ET AL, MARK A
KOHLHEPP, ALVIN A & CATHERINE J
KOHLHEPP, NYLES R
KOHLHEPP, TERRY M & NANCY L
KOHLHEPP, TODD & CONNIE
MAENNER TRUST, CREDIT SHELTER TRUST
MAENNER, PAUL & PATRICIA
MERTEN, SUSAN H
MILAND, JEFFREY N & LORI L
MUCH, ANDREW M & SUSAN M
PLEASANT HILL FARM INC
REMINGTON, BRUCE
SNYDER, DOUGLAS J & VALERIE A
STAHLBUSCH, DAVID J & PHYLLIS A
WEBER, MARK A
11172015
ADDRESS
910 S TOWN HALL RD
909 MERIDIAN HEIGHTS DR
7590 CRESCENT AVE
3355 MARTENSON ST
6606 CRESCENT AVE
6806 CURVUE RD
7612 CURVUE RD
7669 CURVUE RD
505 N TOWN HALL RD
2004 BLACK AVE
6733 CURVUE RD
208 N TOWN HALL RD
6335 CRESCENT AVE
2903 SAINTSBURY PLZ 304 #
7539 CURVUE RD
7320 CURVUE RD
7330 CURVUE RD
8555 CURVUE RD
3740 SOLEY LN
7569 CURVUE RD
6502 CURVUE RD
7328 CURVUE RD
88
CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
FAIRFAX
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
STATE
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
VA
WI
WI
WI
WI
WI
WI
WI
WI
ZIP
54703
54703-5876
54703-9176
54701
54703
54703-9195
54703
54703
54703-9277
54703-1311
54703-9003
54703-9110
54703
22031
54703
54703
54703
54703-7118
54703-9119
54703
54703
54703
EAU CLAIRE COUNTY PLANNING DEPARTMENT STAFF RECOMMENDATIONS
Permit Number: CUP-0019-15
Computer Number: 022-1088-03-000, 022-1087-06-000, 022-1088-07-000
DATE PREPARED: November 17, 2015
PUBLIC HEARING DATE: November 24, 2015
LANDOWNER: Whispering Pines Campground, Country Jam USA, 1711 S. Hastings Way, Eau Claire, WI
54701
APPLICANT/AGENT: Jim Bischel, Country Jam USA, 1711 S. Hastings Way, Eau Claire, WI 54701
LOCATION: SE ¼ of the SW ¼, except part of Lot 1 CSM, Vol. 2, Page 89, Section 27, T27N-R10W, Town of
Union.
SIZE OF PARCEL: Overall area is 110 acres
REQUEST: The request by Whispering Campgrounds, Inc. (WCI) and Eau Claire Events, LLC (ECE) to operate
the campground facilities at the Whispering Pines Campground and Whispering Fields Campground during the Eaux
Claires Music and Arts Festival. This festival is planned to operate in August but the weekend may vary based on
scheduling. The 2016 musical festival is scheduled for August 12 and 13.
IN THE EVENT THAT THE EAUX CLAIRES EVENTS CONDITION USE PERMIT APPLICATION
(CUP-0020-15) TO OPERATE A CAMPGROUND ON PROPERTY OWNED BY BRUCE REMINGTON
OFF OF CURVUE ROAD IN THE TOWN OF UNION IS GRANTED, THIS APPLICATION (CUP-001915) WILL BE WITHDRAWN.
CURRENT ZONING: A-2 Agriculture-Residential District. The purpose of the A-2 District is to, "Provide areas
for limited residential and hobby farm development in a rural atmosphere" and to "preserve the county's natural
resources and open space."
ZONING
LAND USE
North
A2
Wooded
West
A2
Large lot residential
South
A2
Wooded
East
A2
Residential and Agriculture uses
LAND USE PLANS: The County Land Use Plan, adopted in April of this year, includes this property in a Rural
Residential Planning area. The Farmland Preservation Plan, adopted in 1983, includes the site in the Agriculture
Area where agricultural or open space use was expected to continue. The Town Comprehensive Plan adopted in
2010 also includes this property in the Rural Transitional Planning area.
Intent and Description: The primary intent of this classification is to identify areas suitable for future non-farm
residential development. Rural Residential areas include lands that are delineated as existing residential properties
or vacant platted areas. In addition, some undeveloped land has been designated for RR development where
subdivision expansion is likely to occur. These additional areas tend to be adjacent to existing rural subdivisions or
where local roads and utilities exist to efficiently and economically serve the area.
BACKGROUND FOR REQUEST: The Whispering Pines Campground and Whispering Fields Campground has
operated every year during “Country Jam” music festival, but remained closed for the rest of the year. In 2000, a
conditional use permit (CUP2000-57) authorizing the owners to operate 250 camp sites on a seasonal basis.
Conditional use permit (CUP2000-57) was amended in April 2012 (CUP2012-05), and again on June 28, 2013
(CUP2013-06) to allow a band and DJ to perform in the campground during the Country Jam music festival.
In 2014, the Committee on Planning and Development approved conditional use permit (CUP-0026-14) to allow the
Eau Claire Events to utilize the Whispering Campground facilities as it main campground for a second week either
prior to, or after, the Country Jam Festival.
89
The application states that ECE will be working cooperatively with WCI to operate the campground as it was in
2014 in the event the Eau Claire Events don’t receive all the necessary approvals and permits to operate a
campground (requested CUP-0018-15) on property owned by Bruce Remington off of Curvue Road. The ECE will
open the campground on the Thursday, August 11, 2016 before the Eaux Claires Music and Arts Festival, and will
operate it until the day after the festival, Sunday, August 14, 2016. The Eaux Claires Music and Arts Festival is a
two event (Friday and Saturday) that will be held at the Country Jam Music Festival grounds in the Town of Union.
As with the Country Jam permit, a band can perform in the campground the night before the festival begins from
7:30 p.m. to 10:30 p.m. and then a DJ could play from 10:30 p.m. to 2:00 a.m. On Friday and Saturday nights the
DJ could play from 10:30 p.m. to 2:00 a.m.
In the past Country Jam officials addressed possible nuisance issues in the campgrounds by positioning the stage and
speakers to the north, away from the residential areas; adjusting the speaker volumes to an acceptable level;
developed a set of rules that are given to the campers upon arrival; allowed reporting of issues from neighbors; and
conducted daily meetings with security, campground management, and the Sheriff’s Department staff to address any
issues that may have developed the pervious evening. This has been effective in maintaining a safe and controlled
campground.
APPLICABLE ZONING REGULATIONS:
Section 18.01.010 Purpose. This section describes the purpose of the zoning code. Generally, the purpose of the
zoning ordinance is as follows: to separate incompatible land uses from one another; to maintain public health and
safety; to protect and conserve natural resources; to prevent overcrowding; to preserve property values; and to
maintain the general welfare of the citizens.
Section 18.05.030 B. Commercial outdoor recreation areas inclusive of but not limited to golf courses, stable ring,
rifle ranges, gun clubs, and campgrounds;
Chapter 18.21 Conditional Uses. Standards for approval of conditional uses: 1) the use must be in conformance
with the purpose of the zoning district it is located in; 2) the use will not be injurious to the use and enjoyment of
other property in the immediate vicinity; 3) adequate utilities, access, drainage and other necessary facilities have
been or are provided; 4) adequate off-street parking is provided; 5) adequate measures have been taken to prevent or
control offensive odors, fumes, dust, noise and vibration so these will not constitute a nuisance, and lighting is
controlled so that it does not result in disturbance to neighboring properties; 6) soil conditions can support the use; 7)
access does not pose traffic congestion or hazards.
ANALYSIS: The following discussion provides an analysis of the permanent amendment to the conditional use
permit based upon the standards in the zoning code:
The proposed amendment appears to be consistent with the principal use of the property as a campground. This
has been supported by the Town of Union Town Plan Commission. The use will be consistent with the purpose
of the zoning ordinance, provided the use conforms to the terms of this permit.
TOWN BOARD ACTION: The Town of Union Plan Commission met on November 5, 2015 and recommended to
the Town Board to allow Eau Claire Events, LLC to use the Whispering Pines Campground subject to the following
stipulations:







No camping at Westgate Sportsman Club.
Campground to operate like Country Jam.
Contact information given to neighbors.
Music in campground ends at 2 a.m.
Allow Country Jam hours except no music on Wednesday.
Control speakers in campground.
Follow the Country Jam decibel readings and make sure that they are the same or lower.
90
RECOMMENDATION: Staff has concluded that the request by Whispering Campground, Inc. to amend the
Whispering Campground conditional use permit to allow the Eau Claire Events, LLC. officials to operate the
Whispering Pines Campground in the identical fashion as the County Jam Festival during the second week in August
of 2016 (and subsequent years) will be consistent with the standards for conditional use permits, and they will be
consistent with the purpose of the zoning code. Staff recommends approval of the conditional use permit with the
following conditions:
1. This amendment allows the Whispering Campground, Inc. and the Eau Claire Events, LLC. officials to operate
the Whispering Pines Campground and the Whispering Field Campgrounds August 11- 14, 2016 in the same
manner that the campground is operated during the Country Jam Music Festival. After the 2016 Eaux Claires
Arts and Music Festival concludes, the Whispering Campground, Inc. and Eau Claire Events, LLC officials must
meet with the Supervisor of Land Use Controls, the Town of Union Officials, and Eau Claire County Sheriff’s
Department, to determine if any modifications are necessary to be made to the conditional use permit. The
applicant will need to reappear in front of the Eau Claire County Committee on Planning and Development
before the 2017 Eaux Claires Arts and Music Festival to request to use the Whispering Pines campground, for
the arts and music festival campers, as a permanent amendment to Country Jam USA’s original conditional use
permit.
2. The materials submitted with the application shall be attached to and made a part of the permit, and all
development of the site shall be done in accord with the site plans submitted for Whispering Pines Campground.
3. The remaining conditions of Conditional Use Permit CUP2000-57, issued on December 13, 2000, and any
amendment thereto shall remain in effect.
4. All sound equipment set up for band and DJ shall be set up so that it is oriented to the north, so that sound is
directed to the north and away from the adjacent residences located east and south of the campground.
5. The band and DJ are intended to provide entertainment for paying campers staying in the Whispering Pines
campground during the Eaux Claires Arts and Music Festival. Wrist bands shall be provided for the paying
campers.
8. On the Thursday before the Eaux Claires Arts and Music Festival, the band will be allowed to perform from 7:00
p.m. to 10:30 p.m. and the DJ will be allowed to perform from 10:30 p.m. to 2:00 a.m. in the designated area
shown on the site plan.
9. On Friday and Saturday of the Eaux Claires Arts and Music Festival, the DJ will be allowed to perform from
10:30 p.m. to 2:00 a.m. in the designated area shown on the site plan.
10. Whispering Campground, Inc. and Eau Claire Events, LLC officials shall provide all neighbors with all
security/management phone contact numbers that can be called during the event.
11. The applicant shall provide sound pressure level (SPL) readings to establish base line decibels at the property.
The SPL meter readings will be taken on two different dates at noon, 3 p.m., 6 p.m., 9 p.m., and midnight prior
to event set up along the south, west and east property lines of the campground. The applicant shall also provide
SPL meter readings at the same locations and times in the campground on Thursday, Friday and Saturday of the
two day event. A professional trained in reading sound pressure level equipment shall record the decibel
readings and file a report of the findings with the Town of Union Town Board and the Department of Planning
and Development within 30 days of the event.
12. The applicant shall submit a plan to facilitate the proper collection and disposal of the solid waste that is
generated on site. This is includes providing garbage and recycling containers throughout the campground. All
recyclable materials must be recycled in accord with Chapter 12.73 of the County Code.
13. A chain-link fence with pipe supports will be erected and maintained in good repair between all neighboring
properties.
14. The applicant shall obtain the necessary state, county and town permits for the project, including but not limited
to: well and sanitary approvals, access approvals, storm water and erosion control permit, commercial plan
approval, land use permit, health permits and sign permits.
15. All lighting shall be shielded and pointed downward as not to cause light pollution at the property line.
16. The egresses and ingresses shall be clearly signed for the use they are intended to serve.
91
17. The Land Use Supervisor can approve minor alterations from the terms of the permit. A major change does
require the approval of the committee at a public hearing.
18. The owner shall allow staff from the Eau Claire County, which may include the Eau Claire County Sherriff’s
Department, Eau Claire City/County Health Department, and the Department of Planning and Development to
enter the property at reasonable times to inspect the premises for compliance with the conditions of the permit.
19. The permit is subject to Sections 18.21.080 to 18.21.100 of the Zoning Code. These provisions establish when a
conditional use permit lapses, the conditions under which it can be revoked, and when a CUP expires due to the
abandonment of a use.
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CUP-0019-15 WHITE
0
500
1000
11172015
1500ft
user.
102
CUP-0019-15 WHITE
Parcel Id
1802222710341100002
1802222710342200002
1802222710274409002
1802222710274409001
1802222710273300003
1802222710273100001
1802222710274300002
1802222710271300001
1802222710272400001
1802222710274100001
1802222710272300001
1802222710342100001
1802222710274400002
1802222710274100002
1802222710273206004
1802222710274400009
1802222710273200003
1802222710273409000
1802222710341100001
NAME
ANTHONY TRUST, JAMES E
BRIDGES, PAUL J
BRUMBERG, LOREN A
CHANNING, CURTIS J & RUTH ANN M
CHRISTENSON, FRANCIS O
COUNTRY JAM USA INC
DJOCK, CHARLES S & LOIS M
FISHER, JEFFREY A & PAULA J
FISHER, ROBERT F & SHERRY A
K & S HOLM LLC
KNUDTSON ET AL, HOWARD
MAENNER TRUST, CREDIT SHELTER TRUST
MOONEY, THOMAS A & JULIE K
PAGEL TRUST
ROWLAND, ALLEN C & KATHY L
STURZ, JAMES L & STACY L
TOMFOHR, WILLIAM K & JAYNE M
VACATION HOMES LLC
WESTGATE SPORTSMAN CLUB
11172015
ADDRESS
1733 EAGLE LN
5333 CRESCENT AVE
4508 CRESCENT AVE
4504 CRESCENT AVE
5328 CRESCENT AVE
1711 S HASTINGS WAY
5008 CRESCENT AVE
2111 BROWNING DR
5007 STUMP RD
14013 SECOND ST
103 S TOWN HALL RD
6335 CRESCENT AVE
4444 SPORTSMAN DR
4804 CRESCENT AVE
1201 S TOWN HALL RD
4488 SPORTSMAN DR
913 S TOWN HALL RD
2902 PINE LODGE RD
4909 SPORTSMAN DR
103
CITY
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
JANESVILLE
MARYVILLE
OSSEO
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
EAU CLAIRE
STATE
WI
WI
WI
WI
WI
WI
WI
WI
TN
WI
WI
WI
WI
WI
WI
WI
WI
WI
WI
ZIP
54703-9147
54703
54703-9037
54703
54703-9149
54701-4623
54703
53456-1147
37803-0751
54758-7369
54703
54703
54703
54703
54703
54703
54703
54701-9351
54703
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Enrolled No.
ORDINANCE
File No. 15-16/060
- TO AMEND SECTION 18.77.010 OF THE CODE: JURISDICTION; TO AMEND
SECTION 18.77.080 OF THE CODE: LAND SUITABILITY; TO CREATE SECTION
18.81.035 OF THE CODE: RECONFIGURATIONS The County Board of Supervisors of the County of Eau Claire does ordain as follows:
SECTION 1. That Section 18.77.010 of the code be amended to read:
18.77.010 Jurisdiction. These regulations shall apply to all land and water located in the
unincorporated areas of the county. The provisions of this subtitle apply to all divisions of tracts of
land, including divisions under land contract, transfer of interest in land by will or court order, and
sale or exchange of parcels of land between adjoining property owners, into parcels anyone of
which is less than a government protracted quarter-quarter section, and condominium
developments. However, these regulations shall not apply to:
A. Transfers of interest in land by will or pursuant to court order;
B. Leases for a term not to exceed 10 years, mortgages, or easements;
C. Sale or exchange of parcels of land between adjoining property owners if additional lots
are not thereby created and the lots resulting are not reduced below the minimum sizes
required by the zoning code or other applicable laws and ordinances.
18.77.080 Land suitability.
A. All lots greater than one acre and greater in size shall have a minimum contiguous
buildable area of at least one-half (1/2) three-quarter (3/4/) of an acre; lots smaller than one acre
shall have contiguous buildable area equal to the minimum lot size required by the zoning code.
Floodplain elevations shall be determined by studies and maps prepared by the U.S. Department of
Homeland Security or the Federal Insurance Administration. If no such data is available, the
committee may require the subdivider to conduct those hydrologic studies necessary to determine
floodplain elevations.
SECTION 3. That Section 18.81.035 of the code be created to read:
18.81.035 Reconfigurations.
A.
Existing parcels may be reconfigured in accordance with Wis. Stat. § 236.34. A
CSM may be used to reconfigure no more than four (4) lots or outlots within a recorded
subdivision, assessor's plat, or CSM, provided that the reconfiguration:
1.
Does not result in a subdivision as defined by Wis. Stat. § 236.03(12);
2.
Creates parcels that comply with local ordinances, Wis. Stat. Ch. 236
minimum layout requirements, and, if served with private sewerage facilities, Wis. Admin. Code
SPS 383 & 385;
3.
Does not change areas previously dedicated to the public; or
4.
Does not change a restriction or easement placed on the platted land.
B.
All reconfigurations shall be detailed on a Certified Survey Map. Reconfigurations
are subject to review by the Eau Claire County Department of Planning and Development.
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18.77.070 Variances.
A.
Where, in the judgement of the committee, it would be inappropriate to apply literally
the provisions of Chapters 18.82, 18.83 and 18.84 because exceptional or undue hardship would result,
the committee may waive or modify any requirement to the extent deemed just and proper. When such
relief is granted, it shall be without detriment to the public good, without impairment to the intent and
purpose of this subtitle. The committee shall cause to be recorded in its minutes such action and the
reasons therefor.
B.
Where, in the judgement of the Planning and Development Department, that it would be
inappropriate to apply literally the provisions of Chapters 18.82, 18.83 and 18.84 to 18.77.010 Land
Suitability for transfer of interest in land by will or court order, and sale or exchange of parcels of
land between adjoining property owners and to 18.81.035 Reconfigurations because exceptional or
undue hardship would result, the Department may waive or modify any requirement to the extent
deemed just and proper. When such relief is granted, it shall be without detriment to the public good,
without impairment to the intent and purpose of this subtitle. The Department shall cause to be recorded
in its files such action and the reasons therefor and o fee shall be charged for the variance.
ENACTED:
I hereby certify that the foregoing correctly represents the
action taken by the undersigned Committee on Planning &
Development by a vote of
for,
against.
____________
_
Gary Gibson
Planning & Development Committee, Chairperson
MJ:yk
Dated this ______ day of _________________, 2015.
105
ORDINANCE/15-16/060
EAU CLAIRE COUNTY PLANNING DEPARTMENT STAFF RECOMMENDATIONS
DATE PREPARED: November 17, 2015
PUBLIC HEARING DATE: November 24, 2015
PETITIONER: Eau Claire County Committee on Planning and Development
PETITION: To amend the Title 18 of the Eau Claire County Code to include changes and additions to definitions in
Section 18.02.020, and to create Chapter 18.32 A-P Agricultural Preservation zoning District in accordance with Sections
91.30 through 91.40 of the Wisconsin Statutes.
Specifically, the definitions contained in Sections: 18.02.020 A. 5., 19., 54., 157 and 197 shall be amended and renumbered,
the definitions contained in Sections 18.02.020 A. 6., 22., 57., 58., 124 and 125 shall be created; and Chapter 18.32 A-P
Agricultural Preservation zoning district shall be created. This action is a requirement of the Farmland Preservation
Program, State of Wisconsin as provided in Sections 91.30 through 91.40 of the Wisconsin Statutes.
DETAILS OF REQUEST AND BACKGROUND INFORMATION:
The purpose of the proposed amendments to Title 18 of the Eau Claire County Code of Ordinances is to incorporate text
amendments consistent with the “Eau Claire County Farmland Preservation Plan 2015” and in compliance with Chapter 91
of the Wisconsin Statutes relating to the Farmland Preservation Program. In recognition of the importance the agricultural
industry plays in its overall economic base, Eau Claire County adopted the Eau Claire County Farmland Preservation Plan
and certified zoning district (A-1 Exclusive Agricultural) in 1983. Collectively, the plan and ordinance have served as the
basis for preserving the county’s most productive farmland from fragmentation and development; instilled sound
conservation practices to protect our soils from erosion and surface waters from degradation; and allowed eligible
landowners to collect more than $9 million in tax credits covering approximately 50,000 acres of farmland since the
program’s inception 32 years ago.
The “Working Lands Initiative” was approved by the legislature and signed into law as Act 28 in 2009 in response to
changes throughout the agricultural industry and to better address the increased conversion rate of productive agricultural
lands for development purposes. The Working Lands Initiative instituted numerous revisions to the farmland preservation
program, including new requirements and provisions for certified farmland preservation zoning ordinances. The currently
certified A-1 Exclusive Agricultural zoning ordinance is set to expire on December 31, 2015. This ordinance update is
intended to fulfill the new statutory requirements of the Farmland Preservation Program in accordance with Chapter 91 of
the Wisconsin Statutes to allow continued participation in the program.
The proposed code amendment consists of two actions. The first is to amend and add definitions to Chapter 18.02 of Title
18. The second action is to create Chapter 18.32 of the zoning code (the A-P Agricultural Preservation zoning district)
which is specifically required under s. 91.30 of the Wisconsin Statutes. Creation of the new zoning district rather than
amending the existing A-1 Exclusive Agricultural zoning district is necessary in order to comply with Sec 91.38(1)(g) of the
Wisconsin Statutes. Section 91.38(1)(g) provides that any area currently zoned as A-1 that has not been planned as a
Preservation Area within the Eau Claire County Farmland Preservation Plan would either need to be rezoned out of the A-1
zoning district or would require an amendment to the recently certified and approved Farmland Preservation Plan and
comprehensive plan maps. This could be especially problematic in areas that are identified as either “Transition” or
“Excluded” within the Farmland Preservation Plan (consistent with areas identified as Rural Residential or Rural
Commercial within comp plans).
As an alternative to the repeal and recreation of the existing A-1 district, County staff identified the alternative of submitting
an entirely new zoning district for certification to DATCP that would only be applied to properties that are currently zoned
as A-1 and that are mapped as Preservation Areas (Rural Lands in comp plans) within the Eau Claire County Farmland
Preservation Plan. DATCP has indicated that under this scenario, compliance with Sec. 91.38(1)(g) would be simple to
verify as a part of the certification process. Lands that are currently zoned as A-1 but that lie within the “Excluded” or
“Transition” areas would remain zoned as A-1 and therefore would not conflict with Sec. 91.38(1)(g).
Town chairs and clerks were sent a copy of the proposed text and map amendments on October 21, 2015. Staff attended an
Eau Claire County Town’s Association meeting on October 29th to present and answer any questions that the group may
have relating to the creation of Ordinance Chapter 18.32 Agricultural Preservation zoning district and corresponding official
zoning map amendments. In addition, staff attended numerous town board meetings in early November to answer questions
relating to the Farmland Preservation Program or proposed zoning amendments. The proposed ordinance text has been
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reviewed and is ready to be certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection
(DATCP). Corporation Counsel’s Office assisted with the development of the ordinance.
When evaluating a petition to amend the regulations in the zoning code a determination should be made that the amendment
is necessary for the public necessity, convenience and general welfare, and that it promotes good building practice.
Furthermore the amendment should uphold the purpose of the zoning code.
Findings can be made that the proposed ordinance text amendments will meet the purpose of the zoning code to protect and
conserve the natural resources or the county, including agricultural lands, forest, wetlands, surface and groundwater, by
conserving the most appropriate use of land, to prevent the overcrowding of land and undue congestion of population, and to
encourage use of land and buildings which are compatible with nearby existing and planned land uses, and to prohibit and
control existing land uses deemed incompatible with nearby uses. A finding can also be made that the amendments will
ensure that the public health and general welfare of the citizens of Eau Claire County will be promoted or enhanced by
supporting a rural agricultural land base, the production and supply of local food sources, and enhanced economic activity
of the agricultural industry throughout Eau Claire County.
STAFF CONLCUSIONS AND RECOMMENDATION: Staff recommends that the committee forward a
recommendation to the County Board to approve the zoning text and map amendments as submitted.
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FACT SHEET
TO FILE NO. 15-16/070
The purpose of the proposed amendments to Title 18 of the Eau Claire County Code of
Ordinances is to incorporate text amendments consistent with the “Eau Claire County Farmland
Preservation Plan 2015” and in compliance with Chapter 91 of the Wisconsin Statutes relating to
the Farmland Preservation Program. In recognition of the importance the agricultural industry
plays in its overall economic base, Eau Claire County adopted the Eau Claire County Farmland
Preservation Plan and certified zoning district (A-1 Exclusive Agricultural) in 1983.
Collectively, the plan and ordinance have served as the basis for preserving the county’s most
productive farmland from fragmentation and development; instilled sound conservation practices
to protect our soils from erosion and surface waters from degradation; and allowed eligible
landowners to collect nearly $9 million in tax credits covering approximately 50,000 acres of
farmland since the program’s inception 30 years ago.
The “Working Lands Initiative” was approved by the legislature and signed into law as Act 28 in
2009 in response to changes throughout the agricultural industry and to better address the
increased conversion rate of productive agricultural lands for development purposes. The
Working Lands Initiative instituted numerous revisions to the farmland preservation program,
including new requirements and provisions for certified farmland preservation zoning
ordinances. The currently certified A-1 Exclusive Agricultural zoning ordinance is set to expire
on December 31, 2015. This ordinance update is intended to fulfill the new statutory
requirements of the Farmland Preservation Program in accordance with Chapter 91 of the
Wisconsin Statutes to allow continued participation in the program.
The proposed code amendment consists of two actions. The first is to amend and add definitions
to Chapter 18.02 of Title 18. The second action is to create Chapter 18.32 of the zoning code (the
A-P Agricultural Preservation zoning district) which is specifically required under s. 91.30 of the
Wisconsin Statutes.
Fiscal Impact: Although there is no direct fiscal impact to Eau Claire County, adoption and
certification of the A-P Agricultural Preservation zoning district will allow eligible landowners
to claim farmland preservation tax credits on an annual basis. Since the inception of the program
in 1983, nearly $9 million in tax relief has been provided to landowners within Eau Claire
County.
Respectfully Submitted,
Lance J. Gurney
Planning and Development Director
LJG/yk
Ordinance/15-16/070
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157. "Restaurant" means a business establishment consisting of a kitchen and
dining room, whose primary purpose is to prepare and serve food to be consumed on the
premises. “Restaurant” means any building, room or place at which the predominant activity is
the preparation, service, or sale of meals to transients or the general public as defined in Wis.
Stat. § 97.01(14g).
ORDINANCE
File No. 15-16/070
- TO AMEND SECTION 18.02.020 A. 5., 19., 54., 157. AND 197 OF THE CODE:
DEFINITIONS; TO RENUMBER 6. THROUGH 20. AS 7. THROUGH 21., AND
21. THROUGH 54. AS 23. THROUGH 56. AND 55. THROUGH 119. AS 59.
THROUGH 123. AND 120. THROUGH 198. AS 126. THROUGH 232. OF THE
CODE: DEFINITIONS; TO CREATE SECTION 18.02.020 A. 6., 22., 57., 58., 124.,
AND 125. OF THE CODE: DEFINITIONS; TO CREATE CHAPTER 18.32 OF
THE CODE: A-P AGRICULTURAL PRESERVATION DISTRICT The County Board of Supervisors of the County of Eau Claire does ordain as follows:
SECTION 1. That paragraphs 5., 19., 54., 157. and 197. of Subsection A. of Section
18.02.020 of the code be amended to read:
5.
"Agricultural-related business" means a business which is operated from a
property located in an agricultural district which services the local farm community through the
repair or servicing of farm machinery or equipment or the sale of products that are grown on the
property. The term agricultural-related business includes a micro-winery. “Agricultural-related
business” means a business or activity that is consistent with or secondary to the primary
agricultural use of the property or that is an integral support service of agriculture as provided in
Wis. Stat. ch. 91.
19.
“Brew Pub” means a tavern, cocktail lounge, restaurant, grocery store,
liquor store, or other similar retail business that includes a facility for production of 60,000
gallons or less per year of fermented malt beverages, as defined in Chapter 125 of the Wisconsin
Statutes, that are sold for consumption on premises, or that are sold directly to the consumer as
carry out items. “Brew Pub” means a facility for the production of 31,000 gallons or less per year
of fermented malt beverages in accordance with Wis. Stat. § 125.295 in which a license to
operate a restaurant has also been issued under Wis. Stat. § 97.30 on the same premises.
54.
"Farm" means a tract of land producing $6,000 or more of agricultural
products which are sold or would normally be sold during a year. “Farm” means all contiguous
land under common ownership that is primarily devoted to agricultural use.
197. “Winery” means a facility for the production of wine, as defined in
Chapter 125 of the Wisconsin Statutes, that are sold wholesale and/or off premises directly to
retailers as authorized by statute. “Winery” means a facility for the production of fermented malt
beverages that may be bottled, packaged, possessed, stored, sold, sampled, shipped, transported,
delivered and/or consumed on premise in accordance with the provisions of Wis. Stat. § 125.53.
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SECTION 2. That paragraphs 6. through 20. be renumbered to 7. through 21. , 21.
through 54. be renumbered to 23. through 56., 55. through 119. be renumbered to 59. through
123., and 120. through 198. be renumbered to 126. through 232.
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SECTION 3. That paragraphs 6., 22., 57., 58., 124., and 125. of Subsection A. of
Section 18. 18.02.020 of the code be created to read:
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6.
“Agri-tourism” means an educational or recreational activity that takes
place on a farm, ranch, grove, or other place where agricultural, horticultural, or silvicultural
crops are grown or farm animals or farmed fish are raised, and that allows visitors to tour,
explore, observe, learn, participate in, or be entertained by an aspect of agricultural production,
harvesting, processing, or husbandry that occurs on the farm, ranch, grove, or other place.
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22.
“Brewery premises” means all land and buildings used in the manufacture
or sale of fermented malt beverages and covered by a permit issued under Wis. Stat. § 125.295
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57.
“Farm consolidation” means farm structures and dwellings existing prior
to the adoption of this ordinance and separated from a farm through acquisition or consolidation
of farm land in order to be held under separate ownership from the remaining property.
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58.
“Farm residence” means residences which include single-family or two
family dwellings that are occupied by: an owner or operator of the farm, a parent or child of an
owner or operator of the farm, or an individual who earns more than 50 percent of his or her
grows income from the farm.
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124. “Nano-brewery” means a facility for the production of less than 10,000
gallons of fermented malt beverages per year that may be bottled, packaged, possessed, stored,
sold, shipped, transported, delivered and/or consumed on premise in accordance with the
provisions of Wis. Stat. §125.29. A nano-brewery may operate a restaurant on the brewery
premises as provided in Wis. Stat. § 125.29(6).
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125. “Nano-winery” means a facility for the production of less than 10,000
gallons of wine per year that may be bottled, packaged, possessed, stored, sold, sampled,
shipped, transported, delivered and/or consumed on premise in accordance with the provisions of
Wis. Stat. ch. 125.53. A nano-winery may also operate a restaurant on the winery premises in
accordance with county and state permitting requirements.
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SECTION 4. That Chapter 18.32 of the code be created to read:
Chapter 18.32
A-P AGRICULTURAL PRESERVATION DISTRICT
Sections:
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18.32.001
18.32.010
18.32.015
18.32.020
18.32.025
18.32.030
18.32.035
18.32.320
18.32.325
18.32.050
18.32.055
18.32.060
Purpose.
Permitted principal uses.
Permitted principal structures.
Permitted accessory uses.
Permitted accessory structures.
Conditional uses.
Structures allowed under conditional use permits.
Standards for approval of conditional uses.
Notification of conditional uses.
Lot, height and yard requirements.
Standards for rezoning.
Notification of rezoning.
18.32.001 Purpose. The A-P Agricultural Preservation District is established to:
A.
Preserve and protect those areas best suited for agricultural, forestry or openspace uses by minimizing fragmentation of contiguous agricultural or forest lands for the benefit
and use of current and future generations;
B.
Provide for a wide range of agricultural uses typically associated with the
continued production of food and fiber while recognizing that such uses may involve noise, dust,
odor, or operation of heavy equipment for long periods of time;
C.
Strengthen and diversify a predominately agricultural and forestry-based economy
by providing for a range of economic opportunities for property owners which are generally
compatible with and supportive of agriculture or forestry operations as either permitted or
conditional uses;
D.
Comply with standards contained in Wis. Stat. ch. 91 to permit eligible
landowners to receive tax credits under Wis. Stat. § 71.09, in conjunction with their agricultural
operations;
E.
Preserve rural character and promote the efficient use of public infrastructure and
utilities by minimizing the adverse effects of urban sprawl along with its associated expense;
F.
Promote environmental quality through the use of conservation practices designed
to minimize erosion of productive soils and deter the delivery of sediment and nutrients to the
waters of our state;
G.
Minimize land use conflicts which occur when agricultural and non-agricultural
uses are intermixed or not adequately separated; and
H.
Provide for carefully regulated extraction of nonmetallic mineral resources
through Eau Claire County’s permitting processes to ensure compatibility with adjacent land
uses, minimize impacts to natural resources, and to restore lands to productive agricultural use
consistent with locally approved reclamation plans.
18.32.010 Permitted principal uses. The following principal uses are permitted in the A-P
district:
A.
Agricultural use for the purpose of earning an income or livelihood such as: crop
or forage production; keeping livestock; beekeeping; nursery or Christmas tree production; sod
production; floriculture; silviculture; horticulture; orchards; paddocks; stabling and equestrian
operations; aquaculture; viticulture; and enrolling land in a federal agricultural commodity
payment program or federal or state agricultural land conservation payment program;
B.
Farm residences and single family housing which existed prior to January 1,
2014;
C.
Livestock Facility:
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1.
Not closer than 1,000 feet from a residential district;
2.
The facility has an approved nutrient management plan;
3.
Fencing or screening; and
4.
No structure shall be placed within 100 feet of any lot line, except when
adjacent to A-P; the structure may then be placed 50 feet from a lot line.
D.
Undeveloped open space land uses which may include environmentally sensitive
areas; and
E.
Agriculture-related businesses which are consistent with or secondary to the
primary agricultural use of the property or that are an integral support service of agriculture, such
as: agricultural service and repair including welders and machinists; veterinarian services
primarily serving agricultural operations; livestock groomers or breeding services; direct sales of
agricultural-related products such as feed, seed, fertilizer, herbicides and pesticides; agri-tourism;
community-supported agricultural operations; direct marketing operations; u-pick operations;
livestock and commodity trucking services; and manure handling services.
18.32.015 Permitted principal structures. The following principal structures are permitted
in the A-P district:
A.
Farm residences and non-farm single family dwellings which existed prior to
January 1, 2014; and
B.
A building, structure, or improvement that is an integral part of, or incidental to,
an agricultural or agriculture-related use such as: barns, sheds, shops, parlors, silos, grain bins,
greenhouses, and stables.
18.32.020 Permitted accessory uses. The following accessory uses are permitted in the AP district provided the use complies with Wis. Stat. § 91.01(1):
A.
Storage of recreational or motor vehicles and agriculture equipment in accessory
structures that were in existence as of January 1, 2014 as specified under 18.23.035 B.;
B.
Home occupations and home businesses, as provided in Chapter 18.23;
C.
Seasonal sales of agricultural products primarily produced upon the premises;
D.
A second housing unit for a parent or child of the owner or operator of the farm,
or persons earning more than 50% of his or her gross income on the farm;
E.
Family day care homes;
F.
The sale of crafts or related products which are incidental to the agricultural use
of the property;
G.
The rental of principal or secondary residences in existence on a farm as of
January 1, 2014 and no longer utilized in the operation of a farm; and
H.
Non-commercial alternative energy facilities such as solar, wind energy, biofuels
and methane digesters.
18.32.025 Permitted accessory structures. The following accessory structures are
permitted in the A-P district:
A.
Private garages, greenhouses and other similar accessory structures;
B.
Private recreational structures, as allowed in Chapter l8.30;
C.
Single family or two family dwellings that are either farm residences or non-farm
single family dwellings which existed prior to January 1, 2014;
D.
Produce stands;
E.
Seasonal structures which meet the criteria under 18.17.035 C.; and
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F.
One (1) on premise sign shall be allowed stating the name of the business, the
owner/operator and the product being sold or service offered. The sign shall not exceed 24 sq.
feet in area, shall be non-illuminated, and shall not be placed within a vision triangle.
18.32.030 Conditional uses. The following uses are conditional uses in the A-P district,
and subject to the provisions of Chapter 18.21:
A.
Temporary housing for seasonal farm help;
B.
Sawmill operations;
C.
Game farms and the commercial raising of fur-bearing animals for the purpose of
earning an income or livelihood or which comply with Wis. Stat. § 91.01(1), provided the
following criteria are met:
1.
Not closer than 1,000 feet from a residential district;
2.
Animal waste handling plan;
3.
Fencing or screening; and
4.
No structure shall be placed within 100 feet of any lot line.
D.
Governmental, institutional, religious or nonprofit community uses;
E.
Transportation, communications, pipeline, electric transmission, utility, or
drainage uses not covered by Chapter 18.30;
F.
Agriculture-related businesses that may entail some level of processing or that
are retail-oriented in nature, such as: nano-wineries or nano-breweries in which a significant
portion of the agricultural inputs are produced on-site, slaughtering or meat processing for
commercial purposes, agricultural equipment dealership, agriculturally-related supplies other
than those listed in 18.32.010 D., sale of equestrian tack or related supplies, facilities for off-site
storing or processing of agricultural products such as granaries or creameries, processing of
agricultural wastes, and incidental use of agricultural structures or facilities for special events in
accordance with 18.30.270;
G.
Cottage industries in accordance with 18.23.030, bed and breakfast operations in
accordance with 18.30.150, or tourist rooming houses or retreats in accordance with 18.30.290
that are accessory to an agricultural use or conducted by the owner or operator of a farm in
accordance with Wis. Stat. § 91.01(1);
H.
Housing for more than two units when the person or family to be housed earns
more than 50% of his or her gross income on the farm operation;
I.
Temporary asphalt and concrete batching or ready mix operations or concrete
crushing provided they meet the following criteria:
1.
The operation is used solely for a specific Wisconsin Department of
Transportation project;
2.
A restoration plan for the site is provided which describes or illustrates
measures taken to restore the site to its original land use. The restoration plan will describe
methods for establishing vegetative cover on all exposed soil;
3.
The temporary concrete or asphalt batch plants shall be removed from the
premises within 60 days of completion of project;
4.
A storm water and erosion control plan in compliance with Chapters 17.05
and 17.06 shall be submitted to and approved by the land conservation division; and
5.
The maximum area devoted for facility operations shall not be larger than
5 acres, including, but not limited to, the stockpiling of materials, equipment and vehicle storage,
associated buildings, access roads, batch plants, storm water facilities and crushers.
J.
Nonmetallic mineral extraction in accordance with Wis. Stat. § 91.46(6) provided
it complies with the following criteria:
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1.
The operation complies with Wis. Stat. ch. 295, subch. I and rules
promulgated under that subchapter, with applicable provisions of the local ordinance under Wis.
Stat. § 295.13 or 295.14, and with any applicable requirements of the Department of
Transportation concerning the restoration of nonmetallic mining sites;
2.
The operation and its location in this zoning district are consistent with
the purposes of the A-P Agricultural Preservation zoning district;
3.
The operation and its location in the farmland preservation zoning district
are reasonable and appropriate, considering alternative locations outside the farmland
preservation zoning district, or are specifically approved under state or federal law;
4.
The operation is reasonably designed to minimize the conversion of land
around the extraction site from agricultural use or open space use;
5.
The operation does not significantly impair or limit the current or future
agricultural use of surrounding parcels of land that are zoned for or legally restricted to
agricultural use; and
6.
The farmland preservation zoning ordinance requires the owner to restore
the land to agricultural use, consistent with any required locally approve reclamation plan, when
extraction is completed.
18.32.035 Structures allowed under conditional use permits. In the A-P district, the
following structures may be allowed under conditional use permits, issued pursuant to the
provisions of Chapter 18.21:
A.
Temporary structures for the purpose of housing for seasonal farm help;
B.
Sawmills;
C.
Governmental structures, for police, fire and highway purposes; landfill site
improvements; schools; parks and playgrounds;
D.
Structures used for religious purposes;
E.
Utility structures;
F.
Single family or two family dwellings that are either farm residences or non-farm
single family dwellings which existed prior to January 1, 2014;
G.
Structures associated with temporary asphalt, concrete batch, ready mix
operations, or concrete crushing operations;
H.
A building, structure, or improvement that is an integral part of, or incidental to,
an agricultural-related business such as: barns, machinery sheds, shops, silos, grain bins,
greenhouses, and residential structures; and
I.
Structures associated with nonmetallic mining operations permitted in conjunction
with Chapters 18.28 and 18.34.
18.32.040 Standards for approval of conditional uses. When reviewing conditional use
permit requests for the A-P district, the committee shall consider the following factors:
A.
The use and its location in the farmland preservation zoning district are consistent
with the purposes of the A-P Agricultural Preservation zoning district;
B.
The use and its location in the A-P Agricultural Preservation zoning district are
reasonable and appropriate, considering alternative locations, or are specifically approved under
state or federal law;
C.
The use is reasonably designed to minimize conversion of land, at and around the
site of the use, from agricultural use or open space use;
D.
The use does not substantially impair or limit current or future agricultural use of
surrounding parcels of land that are zoned for or legally restricted to agricultural use;
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E.
Construction damage to land remaining in agricultural use is minimized and
repaired, to the greatest extent feasible;
F.
The availability of local units of government to provide services without
unreasonable burden; and
G.
The effect of the proposed use on water and air pollution, soil erosion,
sedimentation and other possible environmental damage.
18.32.050 Lot, height and yard requirements. The following lot, height and yard
requirements are established for the A-P district:
A.
Lot Size.
1.
The minimum lot size is 35 acres;
2.
The lot size for a farm residence or structure, which existed prior to the
adoption of the ordinance codified in this subtitle, or which is situated upon a parcel or lot
separated and distinct from a principal parcel acquired through farm consolidation or acquisition,
shall be a minimum of one acre with a maximum lot size of 5 acres; and
3.
The minimum lot width shall be 150 feet.
B.
Height.
1.
The maximum height of a residential structure shall be 35 feet;
2.
The maximum height of accessory structures shall be 25 feet; and
3.
Agricultural structures are exempt from the height requirements under
18.30.020 E.
C.
Setbacks.
1.
The minimum highway setback shall be regulated under Chapter 18.22;
2.
The minimum side-yard setback for residential structures and private
garages shall be 20 feet, and for all other structures shall be 50 feet;
3.
The minimum rear-yard setbacks for all structures shall be 50 feet; and
4.
No accessory structures shall be located within the required front yard.
D.
Lot, Height and Yard Requirements for Conditional Uses. Lot, height and yard
requirements shall be established at the time of conditional use permit approval, but in no case
shall the minimum lot size be less than one acre.
18.32.055 Standards for rezoning. Rezoning from the A-P district shall be based on
findings which consider the following factors:
A.
The land is better suited for a use not allowed in the A-P Agricultural Preservation
zoning district based on a review of soil types, historical productivity, location, and adjacent land
uses;
B.
The rezoning is consistent with any applicable comprehensive plans;
C.
The rezoning is substantially consistent with the certified Eau Claire County
Farmland Preservation Plan; and
D.
The rezoning will not substantially impair or limit current or future agricultural
use of surrounding parcels of land that are zoned for or legally restricted to agricultural use.
18.32.060 Notification of rezoning. Eau Claire County shall by March 1 of each year
provide a report to the Department of Agriculture, Trade and Consumer Protection indicating the
number of acres that were rezoned out of a farmland preservation zoning district during the
previous calendar year and a map that clearly shows the location of those acres.
115
1
2
3
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5
6
7
8
9
10
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15
16
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19
ADOPTED:
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Committee on Planning & Development
LG/yk
Dated this ______ day of _________________, 2015.
ORDINANCE/15-16.070
116
A1 and AP Zoning Map Eau Claire County, Wisconsin
R10W
Chippewa County
R8W
R9W
R7W
ÿ
Æ
ÿ
Æ
UN
ÿ
Æ
ÿ
Æ
T
R6W
K
P
ÿ
Æ
XX
Seymour
ÿ
Æ
EE
ÿ
Æ
X
ÿ
Æ
Q
City
of
Eau Claire
ÿ
Æ
EE
§
¦
¨
ÿ
Æ
ÿ
Æ
T27N
E
ÿ
Æ
ÿ
Æ
D
Q
ÿ
Æ
ÿ
Æ
DD
ÿ
Æ
G
MM
Wilson
Ludington
QQ
ÿ
Æ
H
T27N
City of Altoona
TT
ÿ
Æ
ÿ
Æ
ÿ
Æ
QS
I94
Union
R5W
ÿ
Æ
ÿ
Æ
KB
C
SS
ÿ
Æ
Dunn County
D
ÿ
Æ
ÿ
Æ
NL
N
ÿ
Æ
ÿ
Æ
K
AA
ÿ
Æ
OO
ÿ
Æ
ÿ
Æ
ÿ
Æ
ÿ
Æ
SD
I
ÿ
Æ
I
ÿ
Æ
II
Washington
ÿ
Æ
Z
Brunswick
T26N
Clark County
ND
I
Q
R
12
Village of
Fall Creek
ÿ
Æ
IJ
ÿ
Æ
HHH
ÿ
Æ
J
Lincoln
Q
R
27
ÿ
Æ
ÿ
Æ
G
GG
ÿ
Æ
T26N
B
ÿ
Æ
K
ÿ
Æ
I
ÿ
Æ
F
Q
R
37
Q
R
ÿ
Æ
AF
D
ÿ
Æ
Bridge Creek
JJ
ÿ
Æ
HH
ÿ
Æ
ÿ
Æ
HH
ÿ
Æ
V
O
ÿ
Æ
ÿ
Æ
F
Pepin County
V
ÿ
Æ
53
£
¤
93
ÿ
Æ
ÿ
Æ
HHI
D
ÿ
Æ
CF
ÿ
Æ
ÿ
Æ
Z
M
Augusta
ÿ
Æ
VV
ÿ
Æ
ÿ
Æ
KK
ZZ
Drammen
ÿ
Æ
V
ÿ
Æ
ÿ
Æ
K
ÿ
Æ
Q
R
12
HH
Fairchild
HH
T25N
ÿ
Æ
ZZ
Pleasant Valley
ÿ
Æ
FW
ÿ
Æ
WW
ÿ
Æ
U
ÿ
Æ
FF
ÿ
Æ
ÿ
Æ
BB
I94
ÿ
Æ
R
I
RR
ÿ
Æ
ÿ
Æ
YYY
R9W
Buffalo County
Village of
Fairchild
ÿ
Æ
G
ÿ
Æ
R10W
ÿ
Æ
NN
WW
WW
T25N
M
ÿ
Æ
§
¦
¨
ÿ
Æ
ÿ
Æ
W
Otter Creek
Clear Creek
R8W
R7W
Trempeleau County
R6W
Jackson County
R5W
Parcel Mapping Notes:
Zoning
Roads
AP Agricultural Preservation District
A1 Exclusive Agricultural District
Civil Divisions
Civil Boundary
Incorporated Area
The
horizontal
datum
is
based
NAD_1983_HARN_Adj_WI_EauClaire_Feet
EAU CLAIRE COUNTY WISCONSIN
Map Legend
Water Features
INTERSTATE
US HWY
STATE ROAD
PRIVATE DRIVE
RAMP
The Department of Planning & Development
Eau Claire County Courthouse
721 Oxford Avenue, Room 1510
Eau Claire, WI 54703-5481
715-839-4741
Map Producer: Peter Strand
Map Date: 11-02-2015
Rivers & Streams
Lakes & Ponds
0
117
1.25
2.5
5
Miles
´
on
the
Eau
Claire
County
Coordinate
System
This map is a collection of public record information and was prepared as an ongoing commitment to provide
quality and up-to-date information to the public. This map is intended for information use only. Although
significant care has been exercised to produce maps that satisfy mapping accuracy standards, these maps are
only as accurate as the source data from which they were compiled. These maps are intended to be advisory
and are NOT designed or intended to be used as a substitute for an accurate field survey, as performed by a
Wisconsin Credentialed Land Surveyor, to determine precise property location.
Eau Claire County does not warrant, guarantee or make any representations regarding the use of, or results
from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and the user
relies on the map and results solely at their own risk.
All Zoning district designations are subject to confirmation by contacting The Department of Planning and
Development.
118
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122
123
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126
127
128
129
130
131
Eau Claire County
DEPARTMENT OF PLANNING
AND DEVELOPMENT
Housing & Community Development
839-6240
Eau Claire County Courthouse, Rm. 3344
721 Oxford Avenue
Eau Claire, Wisconsin 54703-5481
(715) 839-4741
Emergency Services Management
839-4736
Real Property Description
839-2984
Land Use Controls
839-4743
Building Inspection
839-2944
Land Conservation
839-6226
Planning
839-5055
REPORT:
County Surveyor
839-4742
TO: COMMITTEE ON PLANNING AND DEVELOPMENT
FROM: Rod Eslinger, Manager, Land Use Controls Division
DATE: November 17, 2015
RE:
Harland and Mary Zielsdorf CSM – Section 25, T27N-R8W, Town of Lincoln
Eric Knauf, Professional Land Surveyor, has submitted a certified survey map (CSM) to the
department for approval to create two lots CSM in the NW ¼ of the SW ¼ and the SW ¼ of the
NW ¼ of Section 25, T27N-R8W in the Town of Lincoln. The property is zoned A-2, AgricultureResidential District.
The map is being presented to the committee because of the unusual lot configuration of proposed
lot 1. The division line of proposed lot 1 and lot 2 will follow the north line of the existing access
easement and the ¼ - ¼ section line. The property owners, Harlan and Mary Zielsdorf, currently
reside on Parcel No. 27.8.25.2-3-I which will be part of proposed lot 1. The likelihood of future
land subdivision of proposed lot 2 (35 acres) is unlikely due to the vast coverage of wetlands
located on the proposed lot. The existing 50 foot easement would be revised to reflect the actual
location of the existing driveway.
Section 18.82.060 A of the subdivision code requires that the size, shape, and orientation of lots
shall be appropriate for the location of the subdivision and for the type of development and use
contemplated.
Under 18.77.070 of the subdivision control code, the committee can grant variances to Chapters
18.82, 18.83, and 18.84 of the code. The committee must find that there is exceptional or undue
hardship in the request; it is not detrimental to the public good, and without impairment to the intent
and purpose of the code. The committee must consider all the facts and testimony when
deliberating this matter.
Staff supports lot configurations with simple geometric shaped lots. The configuration of the
proposed development is ideal, it will follow the existing access easement and ¼ - ¼ section line.
Staff recommends that the committee state findings to support their decision to grant or deny the
request. The following reasons may be used to support approving the request:



The variance will not be detrimental to the public good, the spirit and purpose of the code
will be upheld.
The lot configuration is ideal with the fragmented pieces of property acquired by the
Zielsdorf’s with both lots having access off of Pine Road.
The purpose of the Subdivision Control Code will be upheld.
132
American
Land Surveying
Taking Pride Surveying Western WI
November 12, 2015
Members of the Eau Claire County Planning and Development Committee,
Good day. I am writing you all in order to provide a brief summary on why the Zielsdorf’s are requesting a
variance for their proposed land split. Currently the Zeilsdrof’s own a parcel which is irregularly shaped. This
irregularity has apparently been caused by acquisitions/sales of small, fragment parcels over years past. As a
result, their parcels, when viewed as a whole, form a lot which is nonconforming by current zoning ordinances.
The land split would create one lot containing the existing home and an out building. This lot would be
irregularly shaped and would require a variance. The remaining lot would contain approximately 38 acres, which
would be a conforming lot. The likelihood of future land subdivision is unlikely do to the vast coverage of
wetlands located on the proposed 38 acre parcel. Please feel free to contact me if you have any questions.
Sincerely,
American Land Surveying
Eric Knauf, Owner, P.L.S.
American Land Surveying
3028 Hartwood Drive
Eau Claire, WI 54703
715-214-6508
www.americanlandsurveying.net
133
LOT 1
LOT 2
0
200
400
600ft
user.
134
For Internal Use Only. Do not reproduce.
135
For Internal Use Only. Do not reproduce.
136
Planning and Development
October 2015
The following bills were sent to the Finance Department for payment:
Planning
Vendor
Office Depot
Steve Maley
Eau Claire Press
Jared Grande
Matt Michels
Rod Eslinger
Rod Eslinger
Clarion Suites
Midwest Conference
Amount
148.04
685.95
139.78
193.06
181.05
271.89
16.96
161.62
225.00
Description
Office Supplies
Mileage - September
Public Notice
Mileage - September
Mileage - October
Mileage - October
Conference - Meals
Conference - Hotel
Registration fee - Conference
Line Item#
51820-310-000
51820-330-000
51820-321-000
51820-330-000
51820-330-000
51820-330-000
51820-340-000
51820-340-000
51820-340-000
Resurvey
Vendor
ECC Highway Dept.
Kluck Steel
Sport Rider
Sport Rider
ACE
Allen Precision Equip
Amount
37.60
800.00
285.00
408.40
2.60
(150.00)
Description
Fuel
Rebar
Repairs
Repairs
Fasteners
Credit
Line Item#
51740-330-200
51740-390-200
51740-249-200
51740-390-200
51740-360-200
51740-390-200
Emergency Management
Vendor
Tom Hurley
WEMA
Best Western
Amount
190.23
80.00
84.00
Description
Mileage - October
Membership
Conference
Line Item#
52410-340-000
52410-226-324
52410-226-340
Recycling
Vendor
Dunn County
Village of Fairchild
Boxx Sanitation
ECC Highway Dept.
Waste Management
Uline
Town of Wilson Treasurer
Provyro Waste Services
Advanced Disposal
Amount
1,913.75
122.40
20,836.16
2,106.96
16,118.08
348.29
82.08
7,828.00
41,973.28
Description
Recycling Coordinator Salary
Recycling Attendant - Fairchild
Recycling - Curbside
Recycling - Brush
Recycling - Drug Waste Bags
Recycling Attendant - Wilson
Line Item#
54885-912-000
54885-208-000
54885-201-000
54885-200-000
54885-201-000
54886-914-000
54885-208-000
54885-201-000
54885-201-000
Division
Planning
Resurvey
Emergency Management
Recycling
Total
Totals
$ 2,023.35
1,383.60
354.23
91,329.00
$ 95,090.18
137
138
Eau Claire County
PLANNING & DEVELOPMENT COMMITTEE MINUTES
Tuesday, October 27, 2015 • 7:00 PM
Eau Claire County Courthouse • 721 Oxford Avenue • Room 1277
Eau Claire, Wisconsin
Members Present: Gary Gibson, Jim Dunning, Gordon Steinhauer, Steve Chilson, Stella Pagonis
Members Absent: None
Staff Present: Lance Gurney, Rod Eslinger, Kelly Jacobs, Matt Michels, Jared Grande
1. Call to order
Chair Gary Gibson called the meeting to order at 7:00 p.m.
2. Public Input Session
Glory Adams appeared to comment on the constant changes at the state level and the impacts on
the Planning and Development staff. She recently noticed some issues with the DNR and
noncompliance with the EPA directives, even though local governments make changes immediately
when directed by the state. She wanted to thank staff for their prompt responses when directed to
make changes.
3. Public Hearing:
a. A conditional use permit request for a cottage industry to operate a seal coating/asphalt
maintenance and snow plow business in the A-2 District CUP-0016-15 (Town of Lincoln) /
Rod Eslinger presented the staff report and provided background information relating to the
conditional use permit application. The business would operate as a conditional use permit
within the A-2 district and is adjacent to USH 12 on approximately 8.5 acres. The services
being offered by the applicant is all conducted off-site, with the property being used primarily
for storage of equipment within an accessory structure. Mr. Eslinger reviewed adjacent land
uses and zoning, noting there is a mix of residential, agricultural/woodlot, and commercial
activities in the vicinity. The standards to consider for issuance of a conditional use permit as
provided in Chapter 18.21 were then reviewed. Mr. Eslinger then presented a short video and
maps relating to the adjacent land uses. Based on review of standards, staff is recommending
approval with 11 conditions. The applicant, Jeff Kothlow, appeared to explain the asphalt
maintenance business, including both crack filling and sealant. He reiterated work is
completed at the job site. His equipment primarily consists of pick-up trucks and equipment
trailers. Snow plowing would primarily be two trucks and would be done at each customer’s
site. He indicated is storage tank is roughly 6,000 gallons, and was filled eight times in 2015.
The applicant discussed some erosion control issues he is working with Land Conservation
staff as well as properly locating the storage container to comply with setbacks to adjacent
property lines.
ACTION: Motion by Jim Dunning to approve the conditional use permit request with the
recommended staff conditions. Motion carried, 5-0.
b. Proposed Ordinance: File No. 15-16/069 “Amending the 1982 Official Zoning District
Boundary for the Town of Washington” – (Chelsea Lane, LLC / Mills) RZN-0011 / Discussion –
Action
139
October 27, 2015
Page 2
Minutes
Matt Michels presented the staff report and background information for a petition to rezone
property to an RH designation in compliance with a previously adopted comprehensive plan
amendment. A site map was reviewed to depict lot configuration, adjacent land uses, current
zoning, and access. Approximately 10 acres of the site is zoned as A-2, with the remaining
eight acres currently zoned as RH. The rezoning petition would rezone the entire property as
RH, consistent with the Town and County’s comprehensive plan. Mr. Michels also highlighted
efforts of the developer to correct boundary issues with property owners adjacent to the
north by offering small pieces of land to each owner by way of quick claim deed. Mr. Michels
requested that the zoning petition be slightly amended to allow the area intended to be quit
claimed to adjacent property owners to the north to a designation of R1-L consistent with
those parcels existing zoning. The applicant is proposing to create a 90-lot subdivision on the
subject property. A concept plan was reviewed as it relates to the subject property.
Consistency with both the Town of Washington and Eau Claire County’s comprehensive
plans. Again, both plans were recently amended to accommodate the zoning request. In
consideration of the standards and recent amendments to the comprehensive plans, staff is
recommending approval of the request to rezone the property to RH along with the small
sliver of land that is intended to be quit claimed to adjacent landowners to the north as R1-L.
Stormwater ponds and requirements were then discussed. Nick Heike appeared as agent for
the applicant to verify the intention of the applicant to complete a subdivision development
consistent with adjacent land uses.
ACTION: Motion by Gordon Steinhauer to approve file 15-16/069 from the A-2 to the RH and
R1-L districts as presented. Motion carried, 5-0.
4. Final Plat Approval of Avonlea Lane, located in Section 20, T27N-R8W, Town of Washington /
Rod Eslinger presented the Final Plat for Avonlea Lane located in the Town of Washington. He
presented a staff report outlining seven conditions for the final plat and a variance from the
minimum of .75 acres of contiguous buildable area. Staff is recommending approval of the variance
as well as the Final Plat with the seven conditions outlined in the staff report dated October 20 th. A
site plan map was then reviewed to consider adjacent land uses.
ACTION: Motion by Stella Pagonis to approve the Final Plat of Avonlea Lane located in the Town of
Washington with staff conditions and notes as presented in the staff report. Motion carried, 5-0.
5. Proposed Resolution: File No. 15-16/067 “To Repeal Statutory Provisions Enacted in the State of
Wisconsin 2015-2017 Budget Concerning Shoreland Zoning Standards (Sections 1922 am – 1922 L of
2015 Wisconsin Act 55) / Discussion – Action
Rod Eslinger reviewed the background information relating to this resolution and its origin from Polk
County. Numerous significant changes were included within the 2015-17 Wisconsin biennial budget
to the shoreland zoning regulations. This resolution would seek the repeal of those changes adopted
through the state budget and seeks to reestablish the regulations which existed prior to the state
budget. Mr. Eslinger indicated that approximately 15 counties have enacted a version of this
resolution so far, with numerous other counties currently consider similar action. Rod Eslinger
discussed numerous questions or issues that have arisen since adoption of the budget relating to
shoreland zoning. As a result, there are numerous efforts underway that would either seek change
140
October 27, 2015
Page 3
Minutes
or repeal of the changes adopted as part of the state budget.
ACTION: Motion by Jim Dunning to approve file 15-16/067. Motion carried, 5-0.
6. Proposed Ordinance: File No. 15-16/060 “To Amend Section 18.77.010 of the Code: JURISDICTION;
To Amend Section 18.77.080 of the Code: LAND SUITABILITY; To Create Section 18.81.035 of the
Code: RECONFIGURATIONS” / Discussion – Direction to Staff
Rod Eslinger presented proposed amendments to the land division ordinances relating to transfers of
lands between adjacent landowners. Current code does not require a certified survey map be
prepared for exchange of lands between adjacent landowners, transfers of interest in land by will or
pursuant to court order, or for leases not exceeding 10 years. Mr. Eslinger reviewed numerous
examples of transactions that have proven to be problematic from a real property listing,
assessment, zoning compliance or mortgage satisfaction perspective. Section 2 of the draft would
reduce the amount of contiguous buildable area to ½ acre from the existing ¾ acre requirements.
Section 3 would require reconfigurations of CSM’s, portions of subdivisions, and assessor plats to be
presented for review and approval by the Planning and Development Department. Section 4 relates
to variances, and allows two different types, requests in front of the P&D Committee and secondly
requests that may be approved by staff as an administrative waiver for reconfigurations only. This
document was reviewed for information purposes only and is scheduled for hearing in November.
7. Proposed Resolution: File No. 15-16/071 “In Opposition to Senate Bill 239 and Senate Bill 291” /
Discussion – Action – Kelly Jacobs presented a draft resolution that would oppose changes currently
under consideration by the Wisconsin Legislature for high capacity wells. This resolution is similar to
Resolution 14-15/123 approved by the County Board on April 8, 2015. As the bills continue to
advance within the Legislature, the Eau Claire County Land Conservation Commission directed staff
to prepare a draft resolution for consideration by this standing committee. Senate Bill 239 would
remove review and oversight of repair and replacement of existing high capacity wells and Senate
Bill 291 would establish procedures to create sensitive resource areas that would allow the DNR to
consider high capacity well requests.
ACTION: Motion by Gordon Steinhauer to approve Resolution 15-16/071 as presented. Motion
carried, 5-0.
8. Violation Update / Discussion
Jared Grande was present to review the current violation status report. He discussed the
department’s approach to seek correction to violations rather than issuance of penalties.
Compliance with the code is the end result being sought. In this respect, it sometimes takes some
time to work with landowners to achieve compliance.
9. Quarterly Fiscal/Departmental Report / Discussion
Lance Gurney provided the committee with a quarterly financial update for the Planning and
Development Department. He noted that the Department expenses are down while revenues are
anticipated to exceed budgeted figures for 2015. Administration is currently developing a
standardized quarterly report for use by all departments. An update was provided with regard to the
2016 budget and the decision to suspend brush services ensued.
141
October 27, 2015
Page 4
Minutes
10. Review of September Bills / Discussion – no objections or questions.
11. Review of Proposed 2016 Meeting Schedule / Discussion – No action taken at this time.
12. Review/Approval of September 22, 2015 Meeting Minutes / Discussion – Action
ACTION: Motion by Stella Pagonis to approve the minutes as submitted. Motion carried, 5-0.
13. Proposed Future Agenda Items / Discussion
Next meeting will be postponed from November 17th and will instead be held on November 24th at 6
pm so that the ordinance amendments for farmland preservation can be properly noticed and
communicated to Towns.
14. Adjourn
ACTION: Chair Gary Gibson adjourned the meeting at 9:50 p.m.
Respectfully submitted,
Lance J. Gurney
Clerk, Committee on Planning & Development
142

Agenda Packet - Eau Claire County

Transcription

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