(15 Minute Maximum) Comments Are Restricted to Matters Within the Committee’S Jurisdiction, and Items Not Pertaining to Already Scheduled Public Hearings

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Eau Claire County PLANNING & DEVELOPMENT COMMITTEE AGENDA Tuesday, April 23, 2019 • 7:00 p.m. Eau Claire County Courthouse • 721 Oxford Avenue • Room 1277 Eau Claire, Wisconsin

1. Call to Order

2. Confirmation of Compliance with Open Meetings Law

3. Public Input Session (15 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.

4. Public Hearings a. Proposed Ordinance: File No. 19-20/004 “Amending the 1982 Zoning District Boundary Map for the Town of Union” (Haas) / Discussion – Action PAGE 3-16

b. Proposed Ordinance: File No. 19-20/005 “Amending the 1982 Zoning District Boundary Map for the Town Union” (Krenz) / Discussion – Action PAGE 17-32

c. Proposed Ordinance: File No. 19-20/006 “Amending the 1982 Zoning District Boundary Map for the Town of Washington” (Signature Homes) / Discussion – Action PAGE 33-48

d. A conditional use permit request for the cumulative area of all accessory structures to exceed 1200 square feet (1800 square feet requested) in the RH Rural Homes District (Hollister – Town of Brunswick) / Discussion – Action PAGE 49-69

e. Proposed Ordinance: File No. 18-19/107 Regarding the following amendments to the Eau Claire County Code: TO RELETER SECTION 18.60.040 E. THROUGH Q. AS F. THROUGH R. OF THE CODE; DEFINITIONS; TO CREATE SECTION 18.60.040 E. OF THE CODE; DEFINITIONS; TO REPEAL AND RECREATE SECTION 18.60.050 A. OF THE CODE; GENERAL PROVISIONS; TO AMEND SECTION 18.60.070 B. OF THE CODE; ADMINISTRATION; TO AMEND SECTION 18.60.090 OF THE CODE; HAZARD MARKING AND LIGHTING; TO AMEND O SECTION 18.60.110 A. OF THE CODE; DISTRICT REGULATIONS; TO CREATE SECTION 18.60.110 A.1.M. OF THE CODE; DISTRICT REGULATIONS; TO AMEND SECTION 18.60.110 B.1.B. OF THE CODE; DISTRICT REGULATIONS; TO AMEND SECTION 18.60.110 B.3.I. OF THE CODE; DISTRICT REGULATIONS; TO AMEND SECTION 18.60.110 D.4. OF THE CODE; DISTRICT REGULATIONS / Discussion – Action PAGE 70-73

5. Emergency Management Update a. LEPC Appointment and Reappointments / Discussion – Action PAGE 74-77 b. Annual Reports / Discussion - Action

6. Review of Ag Ordinance Review Special Committee’s recommendations and draft of “Agricultural Performance Standards and Manure Storage Ordinance” / Discussion – Action PAGE 78-99

7. Violation Report / Discussion PAGE 100-110

1 8. Quarterly Departmental Report/Fiscal Report / Discussion PAGE 111-113

9. 2020 CIP Requests: Discussion – Action (material to be handed out at the meeting)

10. Review of March bills / Discussion PAGE 114

11. Review/Approval of March 26, 2019 Meeting Minutes / Discussion – Action PAGE 115-117

12. Proposed Future Agenda Items / Discussion a. Next scheduled meeting – May 14, 2019

13. Adjourn

REZONE NUMBER: RZN-00005-19 COMPUTER NUMBER: 022100807000

PUBLIC HEARING DATE: April 23, 2019

STAFF CONTACT: Matt Michels, AICP, Senior Planner

OWNER: Haas & Sons Properties, 203 E. Birch St, Thorp WI 54771

AGENT: Steve Haas, 203 E. Birch St, Thorp WI 54771

REQUEST: Rezone 11.43 acres +/- of land from A-2 (Agricultural Residential) District to I-1 (Non-sewered Industrial) to allow for the stockpiling of aggregate materials for resale. There is an existing aggregate crushing and washing facility adjacent to the south of the subject property and the subject property was previously used for aggregate mining prior to the adoption of County zoning in the early 1980’s.

LOCATION: 5107 N Town Hall Road

LEGAL DESCRIPTION: A portion of the NW¼ NW¼ of Section 3, T27N, R10W, Town of Union, Eau Claire County (complete legal description attached)

RECOMMENDATION Approval based on the finding on Page 4 of this report.

Note that this request was presented at the March 26, 2019 P&D Committee meeting but no recommendation was made since the required Town of Union Plan Commission and Town Board meetings had not yet occurred. Therefore, the item was tabled to the April 23, 2019 P&D Committee meeting.

BACKGROUND

In April 2015 the applicant rezoned 59 acres of property located adjacent to the south of the subject property from A-2 to I-1 for an aggregate crushing and washing operation on the west side of the property, and to sell the eastern portion of the property to Menard’s to expand their distribution facilities. (RZN-0001-15).

The original application in 2015 included a request to rezone the subject property to I-1 as well. However, neighbors residing on the north side of County Line Road, which is in the Town of Wheaton in Chippewa County, raised concerns about negative impacts of aggregate processing at the Town of Union Plan Commission meeting on April 2, 2015.

Subsequently, the applicant amended the request to exclude the subject property from the rezoning request and agreed to construct a 10’ high/50’ wide berm with two staggered rows of evergreen trees on the top, which substantially reduces impacts to adjacent property owners. Neighbors attending the April 21, 2015 Town of Union Board meeting felt that the amended request and provision of the berm substantially addressed their concerns at this time. 3 At this time the applicant wishes to rezone a portion of the property to I-1 to provide a stockpile area for aggregate materials for resale.

SITE CHARACTERISTICS: • The southern portion of the property has been used for aggregate mining • The northern portion of the property has been utilized for agriculture • A 10-foot-high, 50-foot wide berm with trees on top has been constructed on the northern portion of the property fronting on County Line Road • The homes and outbuildings on the eastern portion of the parent parcel are not included in the rezoning request and the zoning will remain A-2

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." The aggregate mining and processing operation on the property were established prior to the adoption of zoning by the Town of Union.

REQUESTED ZONING DISTRICT: The petition is to rezone the property described above from the A-2 Agriculture-Residential District to the I-1 Non-Sewered Industrial District. The purpose of the I-1 District is to “provide for industrial development which does not require municipal sewer and water services, is relatively compatible with nearby nonindustrial uses, and is located in close proximity to transportation networks suitable to serve industrial activity, or requires location in a rural setting”.

ZONING/LAND USE CONTEXT:

LOCATION ZONING LAND USE Subject A-2 Agricultural and previous aggregate mining North Chippewa Co. AG (Agricultural) District Agricultural and Residential East I-1 and A-2 Residential South I-1 Haas aggregate processing facility West RH Residential

COMPREHENSIVE PLAN: The County and Town of Union Comprehensive Plan Future Land Use Maps both include this property in the Commercial Industrial (CI) planning area, consistent with this rezone request. Following is a description of the intent of the applicable County and Town comprehensive plan future land use category and applicable policies:

Eau Claire County:

• Commercial Industrial Comprehensive Plan Intent and Description: The intent of this classification is to identify areas for a mix of commercial or industrial development that enhances the tax base, creates employment and provides needed goods and services to residents. The CI areas include land along major transportation corridors or near existing commercial or industrial development. At the time of original adoption of this Plan, this classification was only in use within the Town of Union; however, CI might be appropriate in other portions of the County, contingent upon County and local approval.

• Applicable Policies:

4 1. The County or local community might require the use of public sanitary systems (particularly when located in an area where such service is available) or group/alternative on‐site wastewater treatment facilities (particularly for businesses with high wastewater/water demands). Responsibility for long‐term maintenance of these systems shall be determined prior to approval. 2. For those Towns under County Zoning, the following Eau Claire County Zoning Districts will be considered for approval within CI areas: C‐1 Neighborhood Business District, C‐2 General Business District, C‐3 Highway Business District, I‐1 Non‐sewered Industrial District, and the I‐2 Sewered Industrial District

Town of Union:

• Commercial Industrial Comprehensive Plan Intent and Description: The Town of Union recognizes the importance of commercial and industrial development for enhancing its tax base, creating employment and providing needed goods and services to Town residents. Hence, commercial and industrial development is appropriate for areas designated for those uses, such as on major transportation corridors or near existing commercial or industrial development. This includes areas within the City of Eau Claire’s Extraterritorial Plat Review Jurisdiction Area. Urban sewer service is required for new commercial and industrial uses within the Urban Sewer Service Area if such service is available.

FARMLAND PRESERVATION PLAN: The property is not included in the Farmland Preservation Plan Map as A-2 is not a certified farmland preservation zoning district.

Comprehensive Plan Summary The proposed I-1 zoning district is consistent with the intent and description and the applicable policies of the Eau Claire County Comprehensive Plan.

ANALYSIS When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location; and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County’s Comprehensive Plan.

As noted above, the purpose of the I-1 District is to “provide for industrial development which does not require municipal sewer and water services, is relatively compatible with nearby nonindustrial uses, and is located in close proximity to transportation networks suitable to serve industrial activity, or requires location in a rural setting”. The primary purpose of the zoning ordinance is to:

• Separate incompatible land uses from one another • Maintain public health and safety • Protect and conserve natural resources • Prevent overcrowding • Preserve property values • Maintain the general welfare of the citizens

The rezoning petition has been evaluated for consistency with the purpose of the I-1 zoning district and the uses allowed in the district. The request is substantially consistent with the purpose of the zoning ordinance based on the following findings:

5 Findings For:

• The property is planned for commercial/industrial development and the existing context is industrial to the south, east and southwest • The majority of the subject property has been previously disturbed with aggregate mining activities. • Appropriate screening and buffering will reduce negative impacts of the proposed land use on nearby residential uses • The property has access to roadways with adequate capacity to accommodate truck traffic associated with the proposed development

Finding Against:

• Although the property is planned for commercial/industrial uses and the overall context and character of the area is industrial, there are still residences to the west and east of the subject property that could be adversely impacted. Therefore, staff recommends that additional screening be provided along the western boundary of the property to mitigate adverse impacts, including visual impacts, noise, and dust.

Town Board Action: The Union Town Board will meet on Tuesday, April 16.

CONCLUSION

The rezone petition has been evaluated for consistency with the following: • Eau Claire County Comprehensive Plan future land use designation • Eau Claire County Comprehensive Plan goals, objectives and policies • Eau Claire County Farmland Preservation Plan • Eau Claire County Zoning Ordinance, including purpose of the zoning code and allowable uses in the I-1 District

In addition, the following factors have also been considered: • Input of surrounding property owners. No correspondence in support or opposed to the proposed rezoning has been received, to date.

RECOMMENDATION

Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the petition to rezone 11.43 acres +/- of land from A-2 (Agricultural Residential) District to I-1 (Non-Sewered Industrial) to allow for the stockpiling of aggregate materials for resale, as depicted on the attached map and described in the attached legal description.

6 1 Enrolled No. ORDINANCE File No. 19-20/004 2 3 - AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE 4 TOWN OF UNION - 5 6 The County Board of Supervisors of the County of Eau Claire does ordain as follows: 7 8 SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of 9 Union, Eau Claire County described as follows: 10 11 Locate in Section 03, Township 27 North, Range 03 West, Town of 12 Union, Eau Claire, Wisconsin and being more particularly described 13 as follows: 14 15 Frac NW of the NW Continue 25.051 acres M/L from County Survey 16 records except that part of parcel described in 1114568 lying in SD 17 frac NW of the NW & continues 2.162 acres M/L. 18 19 Said described lands contains approximately 22.889 acres, to be 20 reclassified from A-2 Agriculture-Residential to I-1 Nonsewered 21 Industrial for the purpose of stockpiling aggregate materials. 22 23 24 SECTION 2 Where a certified survey map is required and may alter the above 25 described property description, the official zoning district map for the 26 town shall be automatically amended to reflect the property description of 27 the certified survey map. 28 29 ENACTED: I hereby certify that the foregoing correctly represents the 30 action taken by the undersigned Committee on March 26, 31 2019 by a vote of __ for, __against. 32 33 ______34 Planning & Development Committee, Chairperson 35 36

7 8 9 10 11 Part of the fractional Northwest Quarter of the Northwest Quarter, Section 3, Township 27 North, Range 10 West, Town of Union, Eau Claire County, Wisconsin.

Commencing at the North Quarter Corner of said Section 3; Thence S89º24’29”W, 2642.93 feet to the Northwest Corner of said Section 3; Thence S45°07'04"E, 46.29 feet to the South right-of-way line of County Line Road and the point of beginning; Thence N89°24'29"E, 632.22 feet along said right-of-way line; Thence S00°21'23"W, 793.19 feet to the North line of Certified Survey Map number 3162 recorded in Volume 17 of Certified Survey Maps on Pages 390-392; Thence N89°36'28"W, 632.13 feet along said North line of Certified Survey Map number 3162 to the East right-of-way line of North Town Hall Road; Thence N00°21'23"E, 782.33 feet along said right-of-way to the point of beginning.

Said parcel 497,969 square feet or 11.43 acres, more or less.

12 13 14 0 500 1000 1500ft DISCLAIMER: This map is not guaranteed to be accurate, correct, current, or complete and conclusions drawn are the responsibility of the user. 15 Parcel Id NAME ADDRESS CITY STATE ZIP 1802222710031209002 MENARD INC 5101 MENARD DR EAU CLAIRE WI 54703-9604 ORANGE CAPITAL 1802222710041100002 FUNDING LLC 295 E HIGHWAY 50 STE 5 CLERMONT FL 34711-2576 1802222710041109001 CHAMPION, WILLIAM 5909 COUNTY LINE RD EAU CLAIRE WI 54703-9440 1802222710041109002 TUMA, LOUIS JR & LYNDA L 5654 N TOWN HALL RD EAU CLAIRE WI 54703-9664 1802222710041309003 CORPORATE ACCOUNTING 4777 MENARD DR EAU CLAIRE WI 54703-9604 1802222710041400002 POTTER, JANELLE 5630 N TOWN HALL RD EAU CLAIRE WI 54703-9664 WINDSOR FOREST 1802222710041409001 PROPERTIES LLC 1208 WINDSOR FOREST DR ALTOONA WI 54720-2724 1802222710041409002 MKW PROPERTIES LLC 6000 ALTER RD EAU CLAIRE WI 54703-9469

REZONE NUMBER: RZN-0006-19 COMPUTER NUMBER: 022101601010

PUBLIC HEARING DATE: April 23, 2019

STAFF CONTACT: Matt Michels, AICP, Senior Planner

OWNER/AGENT: Cory A Krenz, 604 Rusty Ct., Altoona, WI 54720

REQUEST: Rezone 3.98 acres +/- of land from A-2 (Agricultural Residential) District to C-3 (Highway Business) to allow for semi-truck and trailer parking associated with a trucking business and rezone 1.75 acres +/- of land from A-2 to RH (Rural Homes) to divide the existing residence from the property.

LOCATION: 8220 Partridge Rd.

LEGAL DESCRIPTION: Lot 1 CSM 1616 (Vol 8, P342-343), in Section 5, T27N, R10W, Town of Union, Eau Claire County, Wisconsin

RECOMMENDATION Approval of request based on findings outlined on Pages 3 and 4 of this report

BACKGROUND

SITE CHARACTERISTICS: • There is an existing single-family residence on the east portion of the property • The remainder of the property is undeveloped and appears to have been farmed in the past • The property is generally flat

Existing Zoning: A-2 Agriculture-Residential District. The A-2 District is established to “A. Provide an area for limited residential and hobby farm development in a rural atmosphere; and B. Preserve the county's natural resources and open space.” Minimum lot size in the A-2 District is five (5) acres.

REQUESTED ZONING DISTRICTS: The petition is to rezone the property described above from the A-2 District to the C-3 Highway Business District and RH Rural Homes District.

The purpose of the C-3 District is to “provide an area for the development of those commercial activities that require large lots or attract concentrations of automobile traffic which make the uses incompatible with the predominantly retail uses in other commercial districts.”

The purpose of the R-H District is to “provide for suburban large-lot development with individual on-site water and sewage disposal facilities.” Minimum lot size in the RH District is one (1) acre.

17 ZONING/LAND USE CONTEXT:

LOCATION ZONING LAND USE Subject A-2 Single-family residence; undeveloped North C-3 Undeveloped East A-2 Single-family residences South A-2 Agricultural West C-3 Undeveloped

COMPREHENSIVE PLANS: The Eau Claire County Future and Town of Union Land Use Maps both include the property in the Commercial Industrial (CI) planning area. Following is a description of the intent of the applicable County and Town comprehensive plan future land use category and applicable policies.

Eau Claire County:

• Applicable Policies: 1. The County or local community might require the use of public sanitary systems (particularly when located in an area where such service is available) or group/alternative on‐site wastewater treatment facilities (particularly for businesses with high wastewater/water demands). Responsibility for long‐term maintenance of these systems shall be determined prior to approval. 2. For those Towns under County Zoning, the following Eau Claire County Zoning Districts will be considered for approval within CI areas: C‐1 Neighborhood Business District, C‐2 General Business District, C‐3 Highway Business District, I‐1 Non‐sewered Industrial District, and the I‐2 Sewered Industrial District

Town of Union:

FARMLAND PRESERVATION PLAN: The property is excluded from the Farmland Preservation Plan Map. The property owners are not eligible to claim farmland preservation tax credits on the property.

18 ANALYSIS

When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County’s Comprehensive Plan.

Town Board Action: The Union Town Board will consider this rezoning petition on April 16, 2019.

County staff has evaluated this rezoning petition for consistency with the purpose of the C-3 and RH Districts and the uses allowed in the district. The request is consistent with the purpose of the zoning code based on the following findings:

• The proposed rezoning is consistent with the intent and purpose of the Eau Claire County Future Land Use plan. • Existing uses in the area include uses similar to and consistent with those proposed, including highway business, single-family residential, and agriculture. • Zoning in the area is predominantly C-3 (Highway Commercial and A-2 (Agricultural-Residential) • The property is planned for Commercial and Industrial uses and has good access to the Interstate 94/State Trunk Highway 312 interchange (approximately three-quarters of a mile east of the subject property).

CONCLUSION

In addition, the following factors have also been considered: • Input of surrounding property owners. No correspondence has been received, to date.

RECOMMENDATION

Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the petition to rezone 3.98 acres +/- of land from A-2 (Agricultural Residential) District to C-3 (Highway Business) to allow for semi-truck and trailer parking associated with a trucking business and rezone 1.75 acres +/- of land from A-2 to RH (Rural Homes) to divide the existing residence from the property.

FINDINGS

19 2. The proposed rezoning is consistent with the intent and purpose of the Eau Claire County Future Land Use plan. 3. Existing uses in the area include uses similar to and consistent with those proposed, including highway business and single-family residential. 4. Zoning in the area is predominantly C-3 (Highway Commercial and A-2 (Agricultural-Residential). 5. The property has good access to the Interstate 94/State Trunk Highway 312 interchange (approximately three-quarters of a mile east of the subject property). 6. The owner/applicant wishes to keep the house, which requires a rezoning to RH as the proposed lot is below 5 acres. 7. The majority of the property in the area north of Partridge Road is currently zoned C-3. The subject property and the property adjacent to the east are already essentially an “island” of A2 with C-3 to the west, north, and east.

Finding Against: 1. The proposed commercial use may be incompatibile with the existing residential use and may have adverse impacts to the residents. However, the petitioner owns the existing home and will be required to address compatibility issues consistent with Zoning Ordinance requirements, such as screening and buffering.

20 1 Enrolled No. ORDINANCE File No. 19-20/005 2 3 -AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE 4 TOWN OF - UNION 5 6 The County Board of Supervisors of the County of Eau Claire does ordain as follows: 7 8 SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of 9 Union, described as follows: 10 11 Lot 2 A-2 Agriculture-Residential District to RH Rural Homes District 12 Located in the Southeast ¼ of the Southwest ¼ and the Southwest ¼ of the 13 Southeast ¼ , Section 5, Township 27 North, Range 10 West, Town of 14 Union, Eau Claire County, Wisconsin, being part of Lot 1 Certified 15 Survey Map #1616, Volume 8 of Certified Survey Maps, Pages 342-343 16 and being more particularly described as follows: 17 Beginning at the Southeast Corner of said Lot 1; thence S.88°37’23”W., a 18 distance of 214.61 feet to the South ¼ Corner of Section 5; thence 19 S.87°49’33”W., a distance of 106.12 feet; thence N.00°50’13”W., a 20 distance of 184.16 feet; thence S.89°23’15”E., a distance of 308.39 feet; 21 thence S.04°57’51”E., a distance of 172.31 feet to the point of beginning. 22 23 Lot 3 A-2 Agriculture-Residential District to C-3 Highway Business 24 District 25 Located in the Southeast ¼ of the Southwest ¼ Section 5, Township 27 26 North, Range 10 West, Town of Union, Eau Claire County, Wisconsin, 27 being part of Lot 1 Certified Survey Map #1616, Volume 8 of Certified 28 Survey Maps, Pages 342-343 and being more particularly described as 29 follows: 30 Beginning at the Southwest Corner of said Lot 1; thence N.00°50’13”W., 31 a distance of 488.51 feet to the Northwest Corner of said Lot 1; thence 32 N.87°49’33”E., a distance of 409.77 feet to the Northeast Corner of said 33 Lot 1; thence S.00°50’13”E., a distance of 307.66 feet; thence 34 N.89°23’15”W., a distance of 67.99 feet; thence S.00°50’13”E., a distance 35 of 184.16 feet; thence S.87°49’33”W., a distance of 341.77 feet to the 36 point of beginning. 37 38 SECTION 2 Where a Certified Survey Map is required and may alter the above 39 described property description, the official zoning district map for the 40 town shall be automatically amended to reflect the property description of 41 the certified survey map. 42 43 44 ENACTED: I hereby certify that the foregoing correctly represents the 45 action taken by the undersigned Committee on 46 by a vote of for, against. 47 48 ______49 Planning & Development Committee, Chairperson 21 22 23 24 25 26 27 28 29 KRENZ REZONING

LOCATION MAP CHAYNE DR CHAYNE

SUBJECT PROPERTY

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Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet

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.

32 REZONE NUMBER: RZN-00007-19 COMPUTER NUMBER: 024232003000

PUBLIC HEARING DATE: April 23, 2019

STAFF CONTACT: Matt Michels, AICP, Senior Planner

OWNER: Signature Homes, Linda Machmeier, 2809 E. Hamilton Ave. #180, Eau Claire, WI 54701

AGENT: Real Land Surveying, 1360 International Dr., Eau Claire, WI 54701

REQUEST: Rezone 7 acres +/- of land from A-2 (Agricultural Residential) District to RH (Rural Homes) District to divide the property into one three (3)-acre lot and one four (4)-acre lot to allow the development of two (2) single-family residences.

LOCATION: southeast corner of Deerfield Road and Whitetail Drive

LEGAL DESCRIPTION: Lot 3, CSM #2963 (Vol. 16, Pg. 356, #1097916), in the NE¼ NE¼ and NW¼ NE¼ of Section 16, T26N, R9W, Town of Washington, Eau Claire County

RECOMMENDATION Approval of request based on findings outlined on Page 4 of this report

BACKGROUND

SITE CHARACTERISTICS: • The property is vacant and wooded • The property slopes generally from the east to west • Steep slopes exist on the north and south portions of the property

PROPERTY HISTORY: The subject property was originally included in the Hidden Valley subdivision plat as Lot 12 and the north half of Lot 13 (attached), which was platted as a Planned Unit Development, that provides for a reduction in lot size in exchange for designation of open space in the form of outlots. Therefore, even though the property is zoned A-2 (Ag-Residential, 5-acre minimum lot size), the majority of the lots in the subdivision are below 5 acres.

Through subsequent Certified Survey Maps, Lot 12, the north half of Lot 13, and a small amount of additional property from unsubdivided lands to the east were combined to create the subject property – a larger 7-acre lot (Lot 3 on CSM #2963, attached). The south half of Lot 13 was added to Lot 14 along with a small amount of additional property from unsubdivided lands to east to create a larger (7.36 acre) lot to the south of the subject property (the Kollross Property).

This proposed rezone petition would result in a similar lot configuration to the original Hidden Valley subdivision plat as Lots 12 and 13 were originally 3.55 and 3.54 acres, respectively. 33 EXISTING ZONING DISTRICT: A-2 Agriculture-Residential District: The A-2 District is established to “A. Provide an area for limited residential and hobby farm development in a rural atmosphere; and B. Preserve the county's natural resources and open space.” Minimum lot size in the A-2 District is five (5) acres. Note that the proposed rezoning would allow additional land divisions of five or move acres in the future.

REQUESTED ZONING DISTRICT: RH Rural Homes District: The purpose of the RH District is to “provide for suburban large-lot development with individual on-site water and sewage disposal facilities.” Minimum lot size in the RH District is one (1) acre.

ZONING/LAND USE CONTEXT:

LOCATION ZONING LAND USE Subject A-2 Woodlands North A-2 Woodlands; Agricultural; Single-family residences East A-2 Woodlands South A-2 Single-family residence; Woodlands West A-2 Open Space (wetlands)

COMPREHENSIVE PLANS: The Eau Claire County and Town of Washington Future Land Use Map both include the property in the Rural Residential (RR) planning area. Following is a description of the intent of the applicable County comprehensive plan future land use category and applicable policies.

Eau Claire County:

• Rural Residential 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.”

• Applicable Policies: The following policies are applicable to this rezoning petition.

1. The preferred housing density is one (1) unit per two (2) acres; however, local comprehensive plans may be more or less restrictive than this guideline and generally range from one (1) unit per two (2) acres to one (1) unit per 10 acres. 2. Cluster development or conservation subdivisions are encouraged, and in some cases required, within many of the local comprehensive plans. In many cases, higher density development or “bonus lots” are used as a tradeoff for the preservation of areas with natural, agricultural, or cultural importance. 3. For those Towns under County Zoning, the following Eau Claire County Zoning Districts will be considered for approval within RR areas: RH Rural Homes District and the R‐1‐L Single Family Residential

Town of Washington:

• Rural Residential (RR) Comprehensive Plan Intent and Description: The primary intent of this classification is to identify areas suitable for future rural residential neighborhoods. Rural

34 Residential areas include lands with 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.

• Applicable Policies: The following policies are applicable to this rezoning petition.

1. Within the RR classification, limit new development to a maximum gross density of one residential dwelling unit per two (2) acres held in single ownership. 2. The following Eau Claire County zoning districts will be considered for approval within RR areas: RH Rural Homes District and the R‐1‐L Single Family Residential Large Lot (with approved conservation subdivisions).

FARMLAND PRESERVATION PLAN: This property is not included in the Farmland Preservation Plan Map, which allows the property owner to claim Farmland Preservation tax credits as the RH District is not a certified farmland preservation district.

Comprehensive Plan Summary The proposed A-2 zoning district is substantially consistent with the intent and description and the applicable policies of the Eau Claire County Comprehensive Plan.

ANALYSIS

When rezoning land, a finding should be made that the purpose of the proposed zoning district and the uses that are allowed in that district are appropriate for the location; and that the rezoning will uphold the purpose of the zoning ordinance. A finding should also to be made that the rezone is consistent with the County’s Comprehensive Plan.

Town Board Action: The Washington Town Board will consider this rezoning petition on April 18, 2019.

County Staff has evaluated this rezoning petition for consistency with the purpose of RH District and the uses allowed in the district. The request is consistent with the purpose of the zoning code based on the following findings: • The proposed rezoning is consistent with the intent and purpose of the Eau Claire County Future Land Use Plan • Existing uses in the area include single-family residences on one-to-five acre lots, agricultural uses, and woodlands • Zoning in the area is predominantly A-2 and RH Districts. • The proposed 3 and 4-acre lot sizes are consistent with existing lots in the vicinity and as previously platted in the Hidden Valley subdivision.

CONCLUSION

35 In addition, the following factors have also been considered: • Input of surrounding property owners. Two letters (attached) opposing the proposed rezoning have been received.

RECOMMENDATION

Staff recommends that the Planning and Development Committee file a recommendation of approval to the County Board for the petition to rezone 7 acres +/- of land from A-2 (Agricultural Residential) District to RH (Rural Homes) District to divide the property into one three (3)-acre lot and one four (4)-acre lot to allow the development of two (2) single-family residences, as depicted on the attached map and described in the attached legal description.

FINDINGS

Findings in Favor: 1. The request is substantially consistent with the goals, objectives, and policies of the Eau Claire County Comprehensive Plan, as required by Section 19.01.020.B of the Eau Claire County Code; and Wisconsin Statutes §66.1001(1)(am) and §66.1001(3)(j), including the intent, description, and policies of the Rural Lands Future Land Use classification in Section 3.3 of the Eau Claire County Comprehensive Plan and Map 9 (Future Land Use) of the Eau Claire County Comprehensive Plan. 2. The proposed rezoning is consistent with the intent and purpose of the Eau Claire County Future Land Use Plan. 3. Existing uses in the area include single-family residences on one-to-five acre lots, agricultural uses, and woodlands. 4. Zoning in the area is predominantly A-2 and RH Districts. 5. The proposed 3 and 4-acre lot sizes are consistent with existing lots in the vicinity and as previously platted in the Hidden Valley subdivision.

Finding Against: 1. Adjacent property owners object to the proposed rezoning.

36 1 Enrolled No. ORDINANCE File No. 19-20/006 2 3 -AMENDING THE 1982 OFFICIAL ZONING DISTRICT BOUNDARY MAP FOR THE 4 TOWN OF -WASHINGTON 5 6 The County Board of Supervisors of the County of Eau Claire does ordain as follows: 7 8 SECTION 1 That the 1982 Official Zoning District Boundary Map for the Town of 9 Washington, described as follows: 10 11 Lot 3, Certified Survey Map #2963 Recorded in Volume 16 Pages 356- 12 357 as document 1097916, Town of Washington, Eau Claire County, 13 Wisconsin. 14 15 SECTION 2 Where a certified survey map is required and may alter the above described 16 property description, the official zoning district map for the town shall be 17 automatically amended to reflect the property description of the certified 18 survey map. 19 20 21 ENACTED: I hereby certify that the foregoing correctly represents the 22 action taken by the undersigned Committee on 23 by a vote of for, against. 24 25 ______26 Planning & Development Committee, Chairperson 27

37 38 39 40 41 42 43 SIGNATURE HOMES REZONING LOCATION MAP

ANDREW DR

)"II

SUBJECT PROPERTY

WHITETAIL DR

Parcel Mapping Notes: The horizontal datum is based on the Eau Claire County Coordinate System NAD_1983_HARN_Adj_WI_EauClaire_Feet

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. q This map was produced on March 29, 2019 by the Eau Claire County Department44 of Planning and Development and is for reference purposes only. Not to Scale 45 46 47 ComputerNu FirstName LastName Address City State Zip 24232010000 MARK AUGUSTYN 5940 WILD ROSE LN EAU CLAIRE WI 54701-8783 24118302010 AARON BARBER 2319 LYNN AVE ALTOONA WI 54720-1555 24225206000 LANCE BASTING 6137 ANDREW DR EAU CLAIRE WI 54701-9103 24234302000 RICHARD & SARAH BINDER 6475 WHITETAIL DR EAU CLAIRE WI 54701-9162 24225209000 STEVEN BIRCHER 6132 ANDREW DR EAU CLAIRE WI 54701-9102 24225202000 CURTIS P & JANET L CARLSON 2121 ASHLEY RD EAU CLAIRE WI 54701-9107 24225201000 RONALD J & RONDA D DAVIS 2117 ASHLEY LN EAU CLAIRE WI 54701-9107 24225204000 JAMES J & LINDA T GERAGHTY 6250 INWOOD DR EAU CLAIRE WI 54701-9142 24232005000 GERALD & LINDA KOLLROSS 6379 N VUELTA TAJO TUCSON AZ 85718-2243 24232101000 GENE S & ANNA M GRENGS 6360 WHITETAIL DR EAU CLAIRE WI 54701-9161 24118302000 DANIEL HEHLI 3746 RIMRIDGE RD EAU CLAIRE WI 54701-5906 24234303000 DEAN JOHNSON 1527 DEERFIELD RD EAU CLAIRE WI 54701-9115 24225210000 KATHERINE LANG 6124 ANDREW DR EAU CLAIRE WI 54701-9102 24234304000 MARK LINDOO 2717 MARILYN DR EAU CLAIRE WI 54701-6717 24115906000 DAVID MANTHEI W 6120 ROCK FALLS RD EAU CLAIRE WI 54701-9560 24232102000 ANDREW T & LORI J PANKRATZ 6300 WHITETAIL DR EAU CLAIRE WI 54701-9161 24232006000 SHAHID & SEEMA RAHMAN 6470 WHITETAIL DR EAU CLAIRE WI 54701-9162 24232003000 SIGNATURE HOMES 2809 E HAMILTON AVE # 180 EAU CLAIRE WI 54701-6863 24225208000 ANDREW THOMPSON 6136 ANDREW DR EAU CLAIRE WI 54701-9102 24225207000 CORY J & ANDREA M TOMAC 6140 ANDREW DR EAU CLAIRE WI 54701-9102 24225110000 JANICE WEST 2113 ANDREW DR EAU CLAIRE WI 54701-9101 24118303000 WILLIAM J KORNITZER JR 400 W 49TH TER KANSAS CITY MO 64112-2407

CONDITIONAL USE PERMIT NUMBER: CUP-0002-19

COMPUTER NUMBERS: 004-1134-04-010

PUBLIC HEARING DATE: April 23, 2019

STAFF CONTACT: Jared Grande, Land Use Manager

OWNER: Jeremy S Hollister, S 4840 Karissa Drive, Eau Claire, WI 54701

AGENT: owner (Jeremy Hollister)

REQUEST: Accessory structure in excess of 1,200 square feet (1,800 square feet) in the RH District

LOCATION: Off Karissa Drive

LEGAL DESCRIPTION: LOT 2 CSM 3432 (VOL 19 P 189 #1169757) SEE S-5875, T-1814, Section 2, T26N-R10W, Town of Brunswick, Eau Claire County

SUMMARY

Request for a conditional use permit for an accessory structure in excess of 1,200 square feet (1,800 square feet) in the Rural Homes (RH) District.

BACKGROUND

The applicant has purchased the vacant lot in hopes of building a new single-family home and accessory building onsite; the applicant currently lives in the subdivision approximately 360 feet away. The applicant would like to build the accessory structure (36-foot by 50-foot) first to store the building materials for the home construction, and then complete the home according to his schedule. The county code allows a private garage in the absence of a principle residence provided three different requirements are met: A). A residence will be constructed on the property within 2 years. B.) The use of the structure is permitted as an accessory use such as storage of lumber and supplies for the construction of the residence, motor vehicles, or maintenance machinery for the lot. C.) Sanitary and building permits have been issued.

The application materials include site plan, building elevations and floor plan layout of the garage; the applicant also included the building plans for the single-family home. The building will be used to store the construction materials for the home and for personal storage. The plans reveal that the side wall height will be 12 feet with a mean height of 16 feet (the mean maximum height per County Code is 20 feet).

SITE CHARACTERISTICS: • The lot size is 2.44 acres. • The lot is vacant and wooded. • The property is one of two lots vacant within the subdivision • There is substantial vegetative cover surrounding the property. 49

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."

ADJACENT ZONING & LAND USES: ZONING LAND USE North R-H Residential-Single Family West R-H Vacant South R-H Forested East R-1-L Forested/ Residential-Single Family

LAND USE PLANS: The County Land Use Plan and Town Washington Comprehensive Plan include this property in a Rural Residential Use area.

Rural Residential (RR) 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 effectively and economically serve the area.

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.184.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 18.07.040 B.2. Maximum Height for an Accessory Structure in the RH 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 (mean height).

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.

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

50 disturbance to neighboring properties; 6) soil conditions are adequate to support the use; 7) access does not pose traffic congestion or hazards.

Section 18.30.120 Accessory structure in the absence of a principle use. The placement of a private garage in the absence of a principal residence is allowed under the following conditions: A.) A residence will be constructed on the property within 2 years. B.) The use of the structure is permitted as an accessory use such as storage of lumber and supplies for the construction of the residence, motor vehicles, or maintenance machinery for the lot. C.) Sanitary and building permits have been issued.

ANALYSIS: It appears that findings can be made that the 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 the standards for conditional use permits. The exterior of the structure is required to be compatible with the residence on the property. 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 accommodate the additional accessary structure and the structure will meet minimum setbacks required in the RH district. It does not appear that the use of the structure will result in any nuisance factors such as noise, dust, or fumes.

TOWN BOARD ACTION: The Town of Brunswick Town Board met on March 12, 2019 and recommended approval of the conditional use permit as requested.

STAFF CONCLUSIONS AND RECOMMENDATION: Staff concludes that the request for a conditional use permit for an accessory structure in excess of 1,200 square feet (1,800 square feet) will meet all the standards for accessory structures in the RH District; will meet all the standards for approval of conditional use permits; and will be consistent with the purpose of the zoning code.

Staff recommends that the committee approve 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. Any outside lighting shall be shielded in a downward manner to reduce lighting pollution. 4. The structure shall comply with the height standards for accessory structures, including the limit of eave height of 14 feet, and maximum mean height of 20 feet. 5. The applicant shall obtain a building permit and sanitary permit prior to the issuance of the land use permit for the accessory structure per and adhere to all of 18.30.120 of the Eau Claire County Code. 6. Prior to construction, the applicant shall obtain all necessary permits including but not limited to a land use permit from the Department of Planning and Development. 7. Use of the structure shall be limited to personal storage and shall not contain any living areas. 8. The building cannot be used for commercial or manufacturing purposes. 9. The applicant shall notify the Land Use Manager upon completion of the accessory structure so that staff can verify compliance with the terms of this approval. 10. 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. 11. 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. 12. The permit is subject to Sections 18.21.080 to 18.21.100 of the Zoning Code. These provisions

51 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.

52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 ComputerNu FirstName LastName Address City State Zip 4113501000 BW RENTALS WI 1123 SUNSET LN ALTOONA WI 54720-2049 4113402000 ANTHONY W & JULIE M DODD S 4855 KARISSA DR EAU CLAIRE WI 54701-5306 4101108000 GENE A & JEAN FRANSON W 3645 SERVICE RD EAU CLAIRE WI 54701-9520 4101404000 DAVID GRAZIANO 314 5TH AVE EAU CLAIRE WI 54703-6500 4113407000 JAMES HALL S 4870 KARISSA DR EAU CLAIRE WI 54701-5306 4113409000 JEREMY HOLLISTER S 4840 KARISSA DR EAU CLAIRE WI 54701-5306 4101209010 RICHARD E & DEBORAH A JOHNSON S 4830 JOHNSON LN EAU CLAIRE WI 54701-9525 4101206000 CHRISTOPHER M MAAG W 3691 SERVICE RD EAU CLAIRE WI 54701-9520 4113408000 MATTHEW T & REBECCA S MCHUGH S 4850 KARISSA DR EAU CLAIRE WI 54701-5306 4113410000 STEVEN MELBY S 4810 KARISSA DR EAU CLAIRE WI 54701-5306 4113405020 KARISSA MOEN 1340 N 2ND ST BRUCE WI 54819-9792 MOTHERSHIP PROPCO 4101504010 GSE WI LLC 5600 S QUEBEC ST STE 220A GREENWOOD VILLAGE CO 80111-2216 4101301000 CHARLES & BARBARA OLSEN S 4905 STATE ROAD 37 EAU CLAIRE WI 54701-9528 4101304000 RICHARD OLSON W 3801 SERVICE RD EAU CLAIRE WI 54701-9508 4113403000 ERIC PETERSON S 4875 KARISSA DR EAU CLAIRE WI 54701-5306 4101109000 JAN SCHREINER W 3741 SERVICE RD EAU CLAIRE WI 54701-9508 4101301010 PHILLIP J II & MARY C SEEP W 3775 SERVICE RD EAU CLAIRE WI 54701-9508 4113406000 JON SERUM S 1066 COUNTY ROAD NN ALMA WI 54610-8502 4101302000 GREGG SLOWIK W 3831 SERVICE RD EAU CLAIRE WI 54701-9608

69 70 71 72 73 Building Inspection 839-2944 Eau Claire County Emergency Management 839-4736 DEPARTMENT OF PLANNING Geographical Information Systems AND DEVELOPMENT 839-4730

Eau Claire County Courthouse - Room 3344 Land Conservation 839-6226

721 Oxford Avenue Land Records 839-4742 Eau Claire, Wisconsin 54703-5212 Land Use Management (715) 839-4741 839-4743

Planning 839-5055

Recycling 839-2756

MEMO

To: Committee on Planning & Development From: Tyler Esh Date: April 19, 2019 RE: Local Emergency Planning Committee Membership Appointments

Several members of the Local Emergency Planning Committee are up for reappointment. Committee members must represent the following groups:

Group 1: Elected state and local officials Group 2: Representatives from Law Enforcement, civil defense, firefighting, first aid, health, transportation, hospitals, and local environmental groups Group 3: Broadcast and print media Group 4: Community groups Group 5: Owners and operators of facilities subject to the requirements of SARA Title III

Members Darrell Christy, Donald Henning, David Salter, Derek Thomas, Jamie Burkhardt and Frank Neibauer have terms ending in April of 2019. Each member has expressed their desire to be reappointed to the committee for a two-year term.

All terms would expire in April 2020

Member Group James Hager Group 5 Owner/Operators Jack Running Group 2 Firefighting Jason Knecht Group 2 Firefighting Steve Vargo Group 2 Firefighting Diane Hunter Group 4 Community groups

Attachment: Timothy Boehnen application

74 Building Inspection 839-2944 Eau Claire County Emergency Management 839-4736 DEPARTMENT OF PLANNING Geographical Information Systems AND DEVELOPMENT 839-4730

Eau Claire County Courthouse - Room 3344 Land Conservation 839-6226

721 Oxford Avenue Land Records 839-4742 Eau Claire, Wisconsin 54703-5212 Land Use Management (715) 839-4741 839-4743

Planning 839-5055

Recycling 839-2756

MEMO

To: Committee on Planning & Development From: Tyler Esh Date: April 18, 2019 RE: Local Emergency Planning Committee Membership Appointment

There are currently several vacancies on the Local Emergency Planning Committee. Committee members must represent the following groups:

Timothy Boehnen, Director of Risk Management and Safety for the University of Wisconsin-Eau Claire, has applied for a position on the committee. Mr. Boehnen would serve under the Group 4 classification. The term would expire in April 2020.

Attachment: Timothy Boehnen application

75 Received: For Office Appointed:

Use Only Confirmed: APPLICATION

Name of Commission, Board or Committee: Local Emergency Planning Committe

Date: 09 APR 19 Name: Tim Boehnen Address: 2635 113th St City/Village: Lake Hallie, WI 54729 E-mail Address: [email protected] Are you a County Resident? ( ) yes ( ✔ ) no, Chippewa County Home Phone: 715-338-1569 Alternate Phone: 715-836-4414

QUALIFICATIONS

Please be as specific as possible; include information that is targeted toward the Commission, Board or Committee you are applying for. You may attach your personal resume to this application. Please attach additional pages if necessary.

As the Director of Risk Management & Safety at UWEC, my department is responsible for Emergency Managment planning on campus. An appointment to the Eau Claire County LEPC would assist my department in ensuring we can plan and coordinate mutual aid between the University and the County, assuring a balanced plan of resources available for both entities. I was previously a member of the LEPC until I was deployed for a year with the Wisconsin Army National Guard and had to be temporarily replaced by Diane Hunter, the Interim Director in my absence.

Please return to: Office of the County Administrator 721 Oxford Avenue, Room 3520 Eau Claire, WI 54703-5481 76 LEPC Chairperson Patrick LaVelle Vice Chairperson Darrell Christy Community Emergency Coordinator Tyler Esh Coordinator of Information Tyler Esh

Group 1: Elected Local Official Patrick LaVelle (2020) Ray Henning (2020) Group 2: Law Enforcement, Civil Defense, Firefighting, First Aid, Health Service, Hospital, Transportation, Location Environmental Organizations Derek Thomas (2019) Darrell Christy (2019) Don Henning (2019) Jamie Burkhardt (2019) Dave Salter (2019) Jason Knecht (2020) Jack Running (2020) Marisa Stanley (2020) Group 3: Broadcast Media, Print Media Elizabeth Dohms (2020) Group 4: Community Groups Diane Hunter (2019) Frank Neibauer (2019) Group 5: Owners/operators subject to the requirements of EPCRA James Hager (2020) Vacancy

77 LIVESTOCK MORATORIUM PROCESS FOR 2019

SPECIAL COMMITTEE STARTING ENDING OTHER MEETINGS DATE BACKGROUND / EDUCATION 11/20/2018 1/29/2019 LCC REVIEW OF DRAFT 04/15/2019 DEVELOPING P&D REVIEW OF DRAFT 04/23/2019 RECOMMENDATIONS FOR… TOWNS ASSOCIATION MEETING 04/30/2019  NR 151 02/26/2019 02/26/2019 JOINT LCC/P&D – 05/14/2019  ANIMAL WASTE 03/12/2019 03/12/2019 PUBLIC HEARING  CAFO / LIVESTOCK SITING 03/26/2019 03/26/2019 COUNTY BOARD – 1ST READING 05/21/2019 EXTENSION 04/18/2019 06/18/2019 COUNTY BOARD - APPROVAL 06/18/2019

JANUARY FEBRUARY MARCH APRIL MAY JUNE S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 1 2 3 4 5 6 1 2 3 4 1 6 7 8 9 10 11 12 3 4 5 6 7 8 9 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 13 14 15 16 17 18 19 10 11 12 13 14 15 16 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 20 21 22 23 24 25 26 17 18 19 20 21 22 23 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 27 28 29 30 31 24 25 26 27 28 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 31 30

Oct 02, 2018 – Clerk signed Oct 18, 2018 – Published Apr 18, 2019 – 6-month period end date Jun 18, 2019 – 2-month requested extension end date

Note: Early April 2019 will be utilized for drafting of ordinance(s). Early May 2019 will be utilized for redrafting of ordinance(s) following LCC and Planning & Development Committee reviews.

78 79 80 1 Chapter 17.04 2 3 AGRICULTURAL PERFORMANCE STANDARDS AND MANURE STORAGE

4 Table of Contents 5 Subchapter I – General Provisions ...... 1

6 17.04.001 Authority and name...... 1

7 17.04.005 Findings and Declaration of Policy...... 1

8 17.04.010 Purpose...... 2

9 17.04.020 Interpretation ...... 2

10 17.04.030 Severability clause ...... 2

11 17.04.040 Applicability...... 2

12 Subchapter II- Activities Subject to Regulation ...... 2

13 17.04.050 Permit Requirements ...... 2

14 17.04.060 Performance Standards and Prohibitions...... 3

15 Subchapter III – Agricultural Performance Standards and Prohibitions ...... 3

16 17.04.080 Performance standards and prohibitions ...... 3

17 17.04.090 Standards ...... 6

18 17.04.100 Cost share required...... 7

19 Subchapter IV – Manure Storage Facility Permit, Use, and Specifications ...... 7

20 17.04.110 Application for Issuance of Permits...... 7

21 17.04.120 Certificate of use ...... 11

22 Subchapter V – Administration, Violations, and Appeals ...... 12

23 17.04.130 Administration ...... 12

24 17.04.140 Violations...... 13

25 17.04.150 Appeals...... 13

26 Subchapter VI – Definitions ...... 14

27 17.04.160 Purpose...... 14

28 17.04.170 Word usage ...... 14

29 17.04.180 Definitions ...... 14

30 31 (Note: The Table of Contents will be provided in the Draft Versions only. Final Draft will be formatted in the 32 County Code format.) 33 This page is not numbered

81 1 Subchapter I – General Provisions

2 17.04.001 Authority and name. 3 This ordinance is adopted under authority granted by Wis. Stat. §§ 59.70 , 59.02, 59.03, 92.15, and 4 92.16, and Wisconsin Administrative Code (“Wis. Admin. Code”) Ch. ATCP 50.56 and NR 151.05. This 5 ordinance shall be known as, referred to, and may be cited as the “Eau Claire County Agricultural 6 Performance Standards and Manure Storage Ordinance” and is hereinafter referred to as the 7 "ordinance". (Ord.141-03, Sec.1, 1997; Ord. 133-88, 1990). 8 9 17.04.005 Findings and Declaration of Policy. 10 The Eau Claire County Board of Supervisors finds that the following conditions may threaten the 11 county’s natural and water resources, cause harm to the health, safety and welfare of people within 12 the county, and adversely impact the property tax base of the county: 13 14 (1) New and substantially altered manure storage facilities that fail to meet performance and 15 technical standards for proper design, construction and operation. 16 (2) Existing manure storage facilities that are not properly functioning and pose unreasonable 17 risks related to structural failure and leakage. 18 (3) Existing manure storage facilities that overtop or are operated in a manner that creates an 19 unreasonable risk of discharge to waters of state. 20 (4) Existing manure storage facilities where no manure has been added or removed for a 21 period of 24 months and are not slated for future use. 22 (5) Management and storage of manure including land application that fails to meet 23 performance and technical standards for proper handling and land application of manure. 24 25 The Eau Claire County Board of Supervisors further finds that the technical standards developed by the 26 USDA Natural Resources Conservation Service (“NRCS”), and the performance standards, prohibitions 27 and conservation practices codified by Wisconsin Department of Agriculture, Trade, and Consumer 28 Protection (“DATCP”) and Department of Natural Resources (“DNR”), if adopted by Eau Claire County, 29 provide effective, practical, and environmentally protective methods for storing and managing 30 manure. 31 32 Eau Claire County Board of Supervisors further finds the regulation of activities identified in this 33 chapter will protect and promote the county's agricultural industry; prevent pollution of surface and 34 ground water; protect the health, safety, and general welfare of the people and communities within 35 the county; preserve the health of livestock, aquatic life and other animals and plants; advance the 36 appropriate use of land and water conservation resources within the community; and protect the 37 property tax base of the county. 38

82 1 17.04.010 Purpose. 2 The purpose of this ordinance is to regulate the location, design, construction, installation, alteration, 3 operation, maintenance, closure, and use of manure storage facilities; ensure the proper application of 4 waste and manure from all storage facilities covered by this Ordinance, and prescribe performance 5 standards and prohibitions related to manure and other agricultural management and use of manure 6 storage facilities in order to prevent water pollution and thereby protect the health of Eau Claire 7 County residents and visitors; prevent the spread of disease; and promote the prosperity and general 8 welfare of the citizens of Eau Claire County. It is also intended to provide for the administration and 9 enforcement of the ordinance and to provide penalties for its violation. (Ord. 133-88, 1990) 10 11 17.04.020 Interpretation. 12 In their interpretation and application, the provisions of this ordinance shall be held to be minimum 13 requirements and shall not be deemed a limitation or repeal of any other power granted by the 14 Wisconsin Statutes. (Ord. 133-88, 1990). 15 16 17.04.030 Severability clause. 17 If any section, provision, or portion of this ordinance is ruled invalid by a court, the remainder of the 18 ordinance shall not for that reason be rendered ineffective. (Ord. 133-88, 1990). 19 20 17.04.040 Applicability. 21 This ordinance applies to all land located within the unincorporated areas of Eau Claire County, unless 22 an intergovernmental agreement is established with the governmental entity of an incorporated 23 municipality within Eau Claire County. Best management practices, conservation practices and manure 24 storage facilities shall comply with all federal, state, and local laws, rules and regulations. (Ord. 144-94, 25 Sec. 1, 2001; Ord. 133-88, 1990). 26

27 Subchapter II- Activities Subject to Regulation 28 29 17.04.050 Permit Requirements. 30 Any person who constructs, substantially alters, changes use of or closes a manure storage facility and 31 related transfer systems, or who employs another person to do the same, shall be subject to the 32 provisions of this Ordinance. A person is in compliance with this ordinance if he or she follows the 33 procedures of this ordinance, receives a permit from the land conservation division before beginning 34 activities subject to permit requirements under this ordinance, and complies with the requirements of 35 the permit. (Ord. 144-94 Sec. 3, 2001; Ord. 133-88, 1990). 36

83 1 17.04.060 Performance Standards and Prohibitions. 2 Any person who stores manure, owns or operates cropland or livestock facilities in Eau Claire County is 3 subject to the performance standards and prohibitions in Subchapter III, regardless of whether they 4 received a permit under this Ordinance. This Ordinance incorporates by reference the definitions in 5 chapters ATCP 50 and NR 151, Wisconsin Admin. Code, to the extent that they are not explicitly 6 referenced herein. 7

8 Subchapter III – Agricultural Performance Standards and Prohibitions 9 17.04.080 Performance standards and prohibitions. 10 (A) Sheet, Rill, And Wind Erosion. All land where crops and feed are grown, including pastures, 11 shall be managed to achieve a soil erosion rate equal or less than the “tolerable” (T) rate established 12 for that soil by the USDA-NRCS. 13 (B) Tillage Setback. 14 a. No crop producer may conduct a tillage operation that negatively impacts stream bank 15 integrity or deposits soil directly in surface waters. 16 b. No tillage operations may be conducted within 5 feet of the top of the channel of surface 17 waters. Tillage setbacks greater than 5 feet but no more than 20 feet may be required to 18 meet this standard. 19 c. Crop producers shall maintain the area within the tillage setback required under sub. (b) in 20 adequate sod or self-sustaining vegetative cover that provides a minimum of 70% coverage. 21 d. This section does not apply to grass waterways installed as conservation practices. 22 (C) Phosphorus Index. All cropland, pastures, and winter grazing areas must meet the Wisconsin 23 Phosphorus Index (PI) established in Wis. Admin. Code Ch. NR 151.04 including where the PI applies, 24 the methods for calculating the PI, and acceptable PI runoff levels. A nutrient management plan 25 meeting the standard in Wis. Admin. Code Ch. ATCP 50.04 (3) may be used to demonstrate compliance 26 with Wis. Admin. Code Ch. NR 151.04. 27 (D) Nutrient Management. All crop and livestock producers that apply manure or other nutrients 28 directly, or through contract, to agricultural fields shall comply with this section. 29 (1) This performance standard does not apply to industrial waste and byproducts regulated 30 under Wis. Admin. Code Ch. NR 214, municipal sludge regulated under Wis. Admin. Code Ch. NR 31 204, or septage regulated under Wis. Admin. Code Ch. NR 113. 32 (2) Nutrient management plans are required on pastures unless exempt as established in 33 Wis. Admin. Code Ch. ATCP 50.04(3)(b). 34 (3) Manure, commercial fertilizer, and other nutrients shall be applied in conformance with 35 a nutrient management plan as established in Wis. Admin. Code Ch. ATCP 50.04(3). 36 a. The nutrient management plan shall be designed to limit or reduce the discharge 37 of nutrients to waters of the state for the purpose of complying with state water quality 38 standards and groundwater standards.

84 1 b. Nutrient management plans for croplands in watersheds that contain impaired 2 surface waters or in watersheds that contain outstanding or exceptional resource waters 3 shall meet the following criteria: 4 (i) unless otherwise provided in this subsection, the plan shall be designed to manage 5 soil nutrient concentrations so as to maintain or reduce delivery of nutrients 6 contributing to the impairment of impaired surface waters and to outstanding or 7 exceptional resources waters. 8 (ii) The plan may allow for an increase in soil nutrient concentrations at a site if 9 necessary to meet crop demands 10 (iii) For lands in watersheds containing exceptional or outstanding resource waters, 11 the plan may allow an increase in soil nutrient concentrations if the plan documents 12 that any potential nutrient delivery to the exceptional or outstanding resource waters 13 will not alter the background water quality of the exceptional or outstanding resource 14 waters. For lands in watersheds containing impaired waters, the plan may allow an 15 increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land 16 to the impaired water can be demonstrated. 17 (4) In this ordinance, impaired surface waters are waters identified as impaired pursuant to 18 33 USC 1313(d)(1)(A) and 40 CFR 130.7. Outstanding and Exceptional Resource Waters are 19 defined in Wis. Admin. Code Ch. NR 102. 20 (5) An updated nutrient management plan and checklist shall be submitted to the Land 21 Conservation Division annually to ensure the plan meets requirements of this section. 22 (E) Clean Water Diversion. All livestock producers within a water quality management area shall 23 comply with this section. Runoff shall be diverted away from contacting feedlot, manure storage areas 24 and barnyard areas within water quality management areas except that a diversion to protect a private 25 well under Wis. Admin. Code Ch. NR 151.015 (18) (a) is required only when the feedlot, manure 26 storage area, or barnyard area is located upslope from the private well. 27 (F) Manure Management Prohibitions. All livestock producers shall comply with this section as 28 follows: 29 (1) A livestock operation shall have no overflow of manure storage structures. 30 (2) A livestock operation shall have no unconfined manure piles within a water quality 31 management area. 32 (3) A livestock operation shall have no direct runoff from a feedlot or stored manure to 33 waters of the state. Stored manure not contained within a manure storage facility shall meet 34 the standards for stacking or piling manure. 35 (4) A livestock operation may not allow unlimited access by livestock to waters of the state 36 in a location where high concentrations of animals prevent the maintenance of adequate sod or 37 self-sustaining vegetative cover. This prohibition does not apply to properly designed, installed 38 and maintained livestock or farm equipment crossings. 39 (G) Process Wastewater Handling. All livestock producers shall comply with this section.

85 1 (1) There may be no significant discharge of process wastewater to waters of the state. 2 (2) The Land Conservation Division shall consider all of the following factors when 3 determining whether a discharge of process wastewater is a significant discharge to waters of 4 the state: 5 a. Volume and frequency of the discharge. 6 b. Location of the source relative to receiving waters. 7 c. Means of process wastewater conveyance to waters of the state. 8 d. Slope, vegetation, rainfall, and other factors affecting the likelihood of process 9 wastewater discharge to waters of the state. 10 e. Available evidence of discharge to a surface water of the state or to a direct 11 conduit to groundwater. 12 f. Whether the process wastewater is discharged to a site that is defined as a site 13 that is susceptible to groundwater contamination. 14 g. Other factors relevant to the impact of the discharge on water quality standards 15 of the receiving water or to groundwater standards. 16 (H) Manure Storage Facilities. All livestock producers building new manure storage facilities, 17 substantially altering manure storage facilities, or choosing to abandon their manure storage facilities 18 shall comply with this section. 19 (1) New construction and alterations. 20 a. New or substantially altered manure storage facilities shall be designed, 21 constructed, and maintained to minimize the risk of structural failure of the facility and 22 to minimize leakage of the facility in order to comply with groundwater standards. The 23 levels of materials in the storage facility may not exceed the margin of safety level. 24 Storage facilities that are constructed or significantly altered on or after January 1, 2011, 25 shall be designed and operated to contain the additional volume of runoff and direct 26 precipitation entering the facility as a result of a 25-year, 24-hour storm. 27 b. A new manure storage facility means a facility constructed after October 1, 2002. 28 c. A substantially altered manure storage facility is a manure storage facility that is 29 substantially altered after October 1, 2002. 30 (2) Closure. 31 a. Closure of a manure storage facility shall occur when an operation where the 32 facility is located ceases operations or manure has not been added or removed from that 33 facility for a period of 24 months. Manure facilities shall be closed in a manner that will 34 prevent future contamination of groundwater and surface waters. 35 b. The owner or operator may retain the facility for a longer period of time by 36 demonstrating to the Land Conservation Division that all of the following conditions are 37 met: 38 i. The facility is designed, constructed and maintained in accordance with 39 Eau Claire County Code Ch. 17.04.080 (H)(1)a of this ordinance.

86 1 ii. Retention of the facility is warranted based on anticipated future use. 2 (3) Existing Facilities. Manure storage facilities in existence as of October 1, 2002, that pose 3 an imminent threat to public health or fish and aquatic life, or are causing a violation of 4 groundwater standards, shall be upgraded, replaced, or abandoned in accordance with this 5 section. Levels of materials in manure storage facilities may not exceed the margin of safety level. 6 (I) Human Household Wastewater Prohibited. Human household wastewater shall not be 7 discharged into manure storage facilities. (Ord. 133-88, 1990) 8 9 17.04.090 Standards 10 (A) Standards for Evaluating Sheet, Rill, and Wind Erosion. The standards for evaluating sheet, rill, 11 and wind erosion shall be the Revised Universal Soil Loss Equation II (RUSLE2) equation or the Wind 12 Erosion Prediction System (WEPS) models published by NRCS. Copies of RUSLE2 and the WEPS models 13 are on file with the Land Conservation Division. 14 15 (B) Standards for Design and Construction of Manure Storage Facilities. The standards for design 16 and construction of manure storage facilities shall be the current standards in the NRCS Technical 17 Guide, including but not limited to 313 Waste Storage Facility; 367 Roofs and Covers; 520 Pond Sealing 18 or Lining, Compacted Soil Treatment; 521 Pond Sealing or Lining, Geomembrane or Geosynthetic Clay 19 Liner; 522 Pond Sealing or Lining, Concrete; 558 Roof Runoff Structure; 634 Waste Transfer; and 629 20 Waste Treatment and any amendments to these standards. 21 22 (C) Standards for Nutrient Management. The standards for management of manure and nutrients 23 applied to cropland and pastures shall be the current standards in the NRCS Technical Guide, including 24 590 Nutrient Management and any amendments. 25 26 (D) Standards for Closure of Manure Storage Facility. The standards for closure of an unused 27 manure storage facility shall be the current standards in the NRCS Technical Guide, including 360 28 Closure of Waste Impoundments and any amendments. 29 30 (E) Standards for Stacking or Piling Manure. The standards for stacking or piling manure shall be 31 the current standards in the NRCS Technical Guide, including 318 Short Term Storage of Animal Waste 32 and By-Products and 313 Waste Storage Facility, and any amendments. 33 34 (F) Standards for Determination of Significant Discharge and Direct Runoff. The standards for 35 determination of direct runoff shall be the “BARNY runoff prediction model" which is the NRCS 36 “Evaluation System to Rate Feedlot Pollution Potential," ARM-NC-17 (April 1982 version with 37 modifications as of August 2005, or an equivalent predictive model for manure runoff. An Excel 38 computer spreadsheet version of the BARNY model is available at

87 1 https://datcp.wi.gov/Documents/BARNYSpreadsheet.xls). 2 3 (G) Standards for the Determination of Adequate Sod or Self-Sustaining Vegetative Cover. 4 Standards for determination of adequate sod or self-sustaining vegetative cover shall be the standards 5 outlined in the NRCS Technical Guide 528 Prescribed Grazing, and any amendments, or vegetative 6 measurement by grid sample shall show at least 70 percent living plant material cover. 7 8 (I) Subsequent Modification of Standards. The standards of the NRCS Technical Guide are 9 adopted and by reference made a part of this section as if fully set forth herein. Any future 10 amendment, revision or modification of the standards incorporated herein are made a part of this 11 section upon adoption by the Eau Claire County Land Conservation Commission. Copies of the current 12 standards are available at the Land Conservation Division. 13 14 17.04.100 Cost share required. 15 An owner or operator of an agricultural facility or practice that is in existence before October 1, 2002, 16 may not be required to comply with the performance standards, prohibitions, conservation practices 17 or technical standards under this chapter unless cost- sharing is available from any source, to the 18 owner or operator. A determination that cost-sharing is available to meet the performance standards, 19 prohibitions, conservation practices or technical standards under this subsection will be determined in 20 accordance with Wis. Admin. Code Ch. NR 151.09(4)(d) or NR 151.095(5)(d) when funding is provided 21 under Wis. Stat. § 281.65, and will be determined in accordance with Wis. Admin. Code Ch. ATCP 50 22 when funds are from any other source. Cost sharing under this section is only required for the 23 minimum practice necessary to meet the performance standards and prohibitions.

24 Subchapter IV – Manure Storage Facility Permit, Use, and Specifications 25

26 17.04.110 Application for Issuance of Permits. 27 (A) Permit Required. No person may do any of the following without first obtaining a permit in 28 accordance with this Subchapter: 29 (1) Construct a new manure storage facility or substantially alter an existing manure storage 30 facility, including the construction or substantial alteration of waste transfer systems 31 connected to a manure storage facility. 32 (2) Upgrade, repair or replace a manure storage facility that has been identified as posing an 33 imminent threat to public health, fish and aquatic life, or groundwater under 34 17.04.080(8)(c). 35 (3) Close an existing manure storage facility, including conversion of its use, regardless of 36 whether the facility must be closed in accordance with 17.04.080(H)(3). 37 (B) No Permit Required. Manure storage facilities in place as of the date of passage of this ordinance 38 shall be determined to be existing storage facilities subject to the rules in place at the time of

88 1 construction and shall not be required to obtain a permit unless they are being substantially 2 altered or closed after the date of passage. Owners of existing storage facilities may, at their 3 discretion, apply for a Certificate of Use. 4 (C) Exception to Permit Requirement. Emergency repairs such as repairing a broken pipe or 5 equipment, leaking dikes, or the removal of stoppages may be performed without a permit. A report 6 shall be made to the land conservation division within 2 work days of the emergency for a 7 determination by the land conservation division on whether a permit will be required for any 8 additional alteration or repair to the facility. 9 (D) Onsite Investigation Required. Each application for a permit under this section shall require an 10 onsite inspection prior to permit issuance and include a summary report on site conditions. The site 11 inspection shall be conducted by the land conservation division staff. 12 (E) Fees. The nonrefundable fees for a permit under this ordinance shall be based upon the 13 footprint of the liner(s) and as listed in 4.35.165. A double permit fee shall be charged by the land 14 conservation division if activity requiring approval under 17.04.110(A) commences prior to obtaining a 15 permit. Such double fee shall not release the responsible party from full compliance with this chapter 16 nor from prosecution for violation of this chapter. 17 (F) Manure Storage Facility Plan Requirements. Each application for a manure storage permit 18 under this section shall include the completion of the county permit application and a detailed manure 19 storage facility construction plan. The applicant can employ the services of a private design consultant 20 or a registered professional engineer to prepare the plan. Technical assistance for plan development 21 may be made available to applicants upon request through the land conservation division, as available 22 staff time will allow. 23 (G) Manure Storage Construction Plan Requirements. A complete permit application for a new or 24 modified storage facility shall meet or exceed the minimum established limits and specific criteria 25 within NRCS Technical Standard 313 Waste Storage Facility, and additional Technical Standards, 26 including, but not limited to; 367 Roofs and Covers; 520 Pond Sealing or Lining, Compacted Soil 27 Treatment; 521 Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner; 522 Pond Sealing or 28 Lining, Concrete; 558 Roof Runoff Structure; 634 Waste Transfer; and 629 Waste Treatment where 29 they apply. The plan shall include all the following: 30 (1) The number, type, and size of animals for which storage is provided and the duration for 31 which storage is to be provided. 32 (2) The type and amount of bedding to be used in the operation and all aspects of handling 33 and recovery of this bedding material. 34 (3) The type and quantity of flush water, milk house waste, or other additives which will be 35 added to the manure storage facility. 36 (4) A general location map drawing of the site which shall include the location of structures 37 in relation to buildings, homes, property lines, roads, wells, karst features, public or private 38 drainage ditches and creeks, flowages, rivers, streams, lakes, floodplains, or wetlands within

89 1 one thousand (1,000) feet of the proposed facility or system. The map will include the scale of 2 the drawing, a north arrow, and the date the general location map was prepared. 3 (5) The soil test pit locations, elevations, and soil descriptions to a depth as required for the 4 planned structure according to the NRCS Technical Standard 313 Waste Storage Facility. Soil 5 test pits must be verified by land conservation division staff at the time of investigation. 6 (6) The elevation of groundwater, bedrock or seasonally saturated conditions if 7 encountered in the soil profile and the date of any such determinations. 8 (7) Engineering design drawings of the manure storage facility or waste transfer system 9 which shall include: 10 a. Specific design components that shall comply with NRCS Technical Standard 313 11 Waste Storage Facility, and additional applicable NRCS Technical Standards such as 634 Waste 12 Transfer. 13 b. A recoverable benchmark(s) including elevation(s) expressed in feet and tenths. 14 c. The scale of the drawings and the north arrow. The engineering design drawing 15 shall be drawn to a scale no smaller than one (1) inch equals one hundred (100) feet. 16 d. The date the engineering design drawings were prepared. 17 (8) The structural details, including but not limited to dimensions, cross-sections, concrete 18 thickness, concrete joint design and placement, design loads, design computations, 19 reinforcement schedules, thickness and placement of groundwater protection liners, and all 20 material specifications. 21 (9) Provisions for adequate drainage and control of runoff to prevent pollution of surface 22 water and groundwater. 23 (10) An erosion control and/or storm water management plan as defined in Chapter 17.05 24 and 17.06. 25 (11) Estimated start of construction and construction schedule. 26 (12) A safety plan that identifies hazards to animals and people in the production area, and 27 design features to minimize those hazards. 28 (13) An operation and maintenance plan for installed practices. 29 (14) An emergency response plan identifying the names and phone numbers of individuals or 30 others to be notified in the event of any leaks, spills or other system failures that could 31 discharge manure. 32 (15) A certification by a professional engineer registered in the State of Wisconsin, or an 33 engineering practitioner certified by the Wisconsin Department of Agriculture, Trade and 34 Consumer Protection (DATCP) or the NRCS that the plans meet technical and ordinance 35 standards. 36 (16) A nutrient management plan that complies with Wis. Admin. Code Ch. ATCP 50.04. The 37 nutrient management plan must be prepared by a nutrient management planner qualified 38 under Wis. Admin. Code Ch. ATCP 50.04 (3) and submitted prior to issuance of the permit. If 39 the nutrient management plan indicates manure will be applied to land not owned by the

90 1 applicant, the nutrient management plan must include a copy of a lease, manure spreading 2 agreement, or written proof of land availability. The nutrient management plan must be based 3 on current soil analyses that comply with Wis. Admin. Code Ch. ATCP 50.04. If current soil 4 analyses are not available due to frozen soils or other conditions beyond the control of the 5 applicant, the land conservation division may accept, at its discretion, an incomplete nutrient 6 management plan at permit submission. A complete nutrient management plan that complies 7 with Wis. Admin. Code Ch. ATCP 50.04 must be submitted and a Certificate of Use must be 8 issued prior to use of the manure storage facility. 9 (17) Any other additional information required by the Land Conservation Division to protect 10 water quality and determine compliance with this section. 11 12 (H) Safety Devices. Safety devices as outlined within NRCS Technical Standard 313 Waste Storage 13 Facility or related standards will be installed prior to issuance of the Certificate of Use. 14 (I) Manure Storage Facility Closure Application Requirements. A complete permit application for 15 waste storage facility closure shall meet all standards as outlined in NRCS Technical Standard 360 16 Closure of Waste Impoundments and shall specify: 17 (1) Provisions to remove and properly dispose of all accumulated wastes in the manure 18 storage facility. 19 (2) Provisions to remove any concrete or synthetic liner, or properly use pieces of the 20 concrete or synthetic liner as clean fill at the site. 21 (3) Provisions to remove and properly dispose of any soil saturated with waste from the 22 manure storage facility. 23 (4) Provisions to remove any soils, to the depth of significant manure saturation or 2 feet, 24 whichever is less, from the bottom and sides of a facility without a constructed liner. 25 (5) Provision to remove or permanently plug the waste transfer system serving the manure 26 storage facility. 27 (6) Covering all disturbed area with topsoil, seeding the areas with a grass mixture, and 28 mulching the seeded area. This section does not apply if an alternative use of the site is 29 authorized under a closure plan approved by the county as part of the permit. 30 (7) Any other additional information required by the Land Conservation Division to protect 31 water quality and determine compliance with this section. 32 (J) Review of Application. The land conservation division shall receive and review all permit 33 applications. The land conservation division shall determine if the proposed facility meets required 34 standards set forth in 17.04. Within 30 working days after receiving the completed application and fee, 35 the land conservation division shall inform the applicant in writing whether the permit application is 36 approved or disapproved. If additional information is required, the land conservation division shall so 37 notify the permit applicant. The land conservation division has 14 working days from the receipt of the 38 additional information in which to approve or disapprove the application. No construction may 39 commence without the final approval form being executed by the land conservation division.

91 1 (K) Permit Conditions. All permits issued under this ordinance shall be issued subject to the 2 following conditions and requirements: 3 (1) Manure storage facility design, construction, closure, management and utilization 4 activities shall be carried out in accordance with the manure facility plan and applicable 5 standards specified in 17.04. 6 (2) The permittee shall give 5 working days notice to the Land Conservation Division before 7 starting any construction or closure activity authorized by the permit. 8 (3) Written approval from the Land Conservation Division must be obtained prior to any 9 modifications to the permitted plans. 10 (4) Activities authorized by permit must be completed within 2 years from the date of 11 issuance, after which the permit shall be void. Permits may be extended upon written request 12 of the applicant, subject to the corresponding fee, with approval from the Land Conservation 13 Division. 14 (5) Following completion of construction and prior to issuance of a Certificate of Use, an 15 agricultural or civil engineer registered in the State of Wisconsin or a DATCP, NRCS, or LWCD 16 engineering practitioner and the permittee, and, if applicable, the contractor shall certify in 17 writing that all facilities and systems were installed as planned, including as-built drawings and 18 authorized changes or modifications made during construction. 19 (6) The permittee, engineer and contractor shall participate in a pre-construction 20 conference with county staff before initiating construction of a new facility to outline the 21 requirements and responsibilities of all the involved parties. 22 (7) The Land Conservation Division shall provide onsite inspection prior to issuance of the 23 Certificate of Use. To receive a Certificate of Use, a manure storage facility must be fully 24 constructed as designed, including the marking of the maximum operating level and 25 implementation of all safety devices. 26 (8) No permitted manure storage facilities may receive manure until the county provides its 27 final approval. No manure may be emptied from a permitted manure storage facility until the 28 county approves the nutrient management plan submitted by the applicant. 29 30 17.04.120 Certificate of use. 31 (A) Certificate Requirement. No person may operate or use a manure storage facility or any 32 portion of a manure storage facility that was constructed after the effective date of this ordinance 33 unless the person has a valid Certificate of Use for the storage facility or portion of the manure storage 34 facility that is being operated or used. 35 (B) Issuance. The Land Conservation Division will issue a Certificate of Use upon receipt of the 36 written certification required by 17.04.110(K)(5). The Certificate of Use will not be subject to fees. 37 (C) Operating Requirements. The operator of a manure storage facility is in compliance with the 38 Certificate of Use if the person does all the following:

92 1 (1) Updates and follows an annual nutrient management plan that complies with 2 requirements in this ordinance and includes all manure land applied from the manure storage 3 facility covered by the certification of use. 4 (2) Provides a nutrient management plan, including a checklist, annually to the Land 5 Conservation Division by April 15th to document compliance with ordinance requirements. The 6 Land Conservation Division may take appropriate action authorized by this chapter if the 7 submitted nutrient management plan does not reasonably substantiate a checklist answer. 8 (3) Properly operates the storage facility in accordance with performance standards in Eau 9 Claire County Code 17.04.080 (H) and consistent with the recommended operating methods as 10 defined by the Technical Guide, AWMFH and EFH. 11 (4) Properly maintains the storage facility free from visible and serious damage, erosion, or 12 deformities that would impair the facility’s safety or function as determined by the Technical 13 Guide, AWMFH, and the EFH. 14 (5) Properly maintains the safety devices for a manure storage facility. 15 (6) Provides the Land Conservation Division proof of compliance with the requirements in 16 17.04 upon request and submits to periodic inspections of the storage facility with advance 17 notice from the Land Conservation Division. 18 (7) Develops and implements a plan for closure of the manure storage facility when the 19 operator ceases use of the facility or closure is required based on conditions specified in this 20 ordinance. 21 (D) Certificate Revocation. The Land Conservation Division may revoke a certificate of use if there 22 is a misrepresentation of any material fact in the permit application, a misrepresentation of any 23 material fact in the manure storage facility plan, a misrepresentation of any material fact in the 24 nutrient management plan, a failure to comply with the nutrient management plan requirement, a 25 failure to provide the Land Conservation Division with a copy of the nutrient management plan upon 26 request, or for multiple or repeat violations of this ordinance. The Land Conservation Division will 27 immediately provide written notice of the revocation, the reason for the revocation, and corrective 28 actions required. 29 30 (E) Permit Revocation. The Land Conservation Division may revoke the permit issued under this 31 ordinance if the holder of the permit has misrepresented any material fact in the permit application or 32 manure facility plan, or if the holder of the permit violates any of the conditions of the permit. 33

34 Subchapter V – Administration, Violations, and Appeals

35 17.04.130 Administration. 36 (A) Delegation of Authority. Eau Claire County hereby designates the Eau Claire County Land 37 Conservation Division to administer and enforce this ordinance. 38 (B) Administrative Duties. In the administration of this ordinance, the land 39 conservation division shall:

93 1 (1) Keep an accurate record of all permit applications, animal waste facility plans, permits 2 issued, inspections made, and other official actions. 3 (2) Review permit applications and issue permits in accordance with 17.04.080. 4 (3) Inspect animal waste facility construction to insure the facility is being constructed 5 according to plan standards and specifications. 6 (4) Investigate complaints relating to compliance with the ordinance. 7 (5) Perform other duties as specified in this ordinance. 8 (C) Inspection Authority. The land conservation division is authorized to enter upon any lands 9 affected by this ordinance to inspect the land prior to or after permit issuance to determine 10 compliance with this ordinance. If permission cannot be received from the applicant or permittee, 11 the permit may be denied or entry by the land conservation division shall be according to Wis. Stat. 12 §§ 66.122 and 66.123. 13 (D) Enforcement Authority. The land conservation division is authorized to post an order stopping 14 work upon land which has had a permit revoked or on land currently undergoing activity in violation of 15 this ordinance. Notice is given by both posting upon the land where the violation occurs one or more 16 copies of a poster stating the violation, and by mailing a copy of the order by certified mail to the 17 person whose activity is in violation of this ordinance. The order shall specify that the activity must 18 cease immediately and be brought into compliance within 5 working days. Any permit revocation or 19 order stopping work shall remain in effect unless retracted by the board of land use appeals, the land 20 conservation division, or by a court of general jurisdiction; or until the activity is brought into 21 compliance with the ordinance. The land conservation division is authorized to refer any violation of 22 this ordinance or of an order stopping work issued pursuant to this ordinance to the corporation 23 counsel for commencement of further legal proceedings. (Ord. 146-75, 2003; Ord. 133-88, 1990) 24

25 17.04.140 Violations. 26 (A) Penalties. Any person who violates, neglects, or refuses to comply with or resists the 27 enforcement of any of the provisions of this ordinance shall be subject to a forfeiture of up to $200.00 28 plus costs of prosecution for each violation. An unlawful violation includes failure to comply with 29 any standard of this ordinance or with any condition or qualification attached to the permit. Each 30 day that a violation exists shall be a separate offense. 31 (B) Enforcement of injunction. As a substitute for or as an addition to forfeiture actions, Eau 32 Claire County may seek enforcement of any part of this ordinance by court actions seeking 33 injunctions or restraining orders. (Ord. 133-88, 1990) 34

35 17.04.150 Appeals. 36 A. Authority. Under authority of Wis. Stat. Ch. 68, the Eau Claire County Board of Land Use 37 Appeals, created under Wis. Stat. § 59.694, and under 18.31.020 and acting as an appeal authority 38 under Wis. Stat. § 59.694, is authorized to hear and decide appeals where it is alleged that there is 39 error in any order, requirement, decision or determination by the land conservation division in 40 administering this ordinance. 41 B. Procedure. The rules, procedures, duties and powers of the board of land use appeals 42 and Wis. Stat. Ch. 68, shall apply to this ordinance. 43 C. Who May Appeal. Appeals may be taken by any person having a substantial interest which is

94 1 adversely affected by the order, requirement, decision or determination made by the land 2 conservation division. (Ord. 141-03, Sec. 1, 1997; Ord. 133-88, 1990) 3 4

5 Subchapter VI – Definitions

6 17.04.160 Purpose. To define words, terms, and phrases contained in this chapter that are 7 essential to the understanding, administration, and enforcement of this chapter. 8 9 17.04.170 Word usage. For the purposes of this chapter, certain words and terms are used as 10 follows: 11 • Words used in the present tense include the future. 12 • Words in the singular include the plural. 13 • Words in the plural include the singular. 14 • The word “shall” is mandatory and not permissive. 15 16 17.04.180 Definitions. For the purposes of this chapter, certain words and terms are defined as 17 follows:

18 “Adequate sod, or self-sustaining vegetative cover” means maintenance of sufficient vegetation 19 types and densities that provide 70% coverage such that the physical integrity of the streambank or 20 lakeshore is preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and duff layers 21 of fallen leaves, and woody debris. 22 “Agricultural lands” means lands in agricultural use as provided under Wis. Stat. § 91.01(1). 23 “Applicant” means any person who applies for a permit under this ordinance. 24 “Best management practices (BMPs)” mean structural or nonstructural measures, practices, 25 techniques, or devices employed to avoid or minimize soil, sediment, or pollutants carried in runoff 26 to waters of the state. 27 “Direct conduit to groundwater” means wells, sinkholes, swallets, fractured bedrock at the 28 surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater, quarries, cenotes, or 29 depressional groundwater recharge areas over shallow fractured bedrock. 30 “Direct runoff” means any of the following: 31 (1) Runoff of stored manure, including manure leachate, that discharges a significant 32 amount of pollutants to surface waters of the state or to a direct conduit to ground 33 water. 34 (2) Runoff from a feedlot that can be predicted to discharge a significant amount of 35 pollutants to surface waters of the state or a direct conduit to groundwater. 36 (3) Discharge of a significant amount of leachate from stored manure to waters of the state. 37 (4) Construction of a manure storage facility in permeable soils or over fractured bedrock 38 without a liner designed in accordance with Wis. Admin. Code Ch. NR 154.04(3). 39 “Footprint of the liner” means the area measured in square feet located beneath the liner of the 40 manure storage facility, including the waste transfer system.

41 “Feedlot” means a barnyard, exercise area, or other outdoor area where livestock are concentrated 42 for feeding or other purposes and self-sustaining vegetative cover is not maintained. “Feedlot” 43 does not include a winter grazing area or a bare soil area such as a cattle lane or a supplemental 44 feeding area located within a pasture, provided that the bare soil area is not a significant source of

95 1 pollution to waters of the state as determined by the BARNY runoff prediction model or an 2 equivalent predictive model for manure runoff utilized by the Land Conservation Division. 3 “Idle storage facility” means a facility where manure has not been added or removed for a period of 24 4 months. 5 “Land application” means the physical transfer of manure from any animal confinement area or 6 manure storage facility to fields for purposes of fertilization or disposal. 7 “Land Conservation Commission” means the Commission which is designated by the county board 8 pursuant to Wis. Stat. § 92.06. 9 “Land Conservation Division” means the Eau Claire County La nd Conservation Division of the 10 Planning and Development Department. 11 “Landowner” means any of the following: 12 (1) A person who owns a parcel of land. 13 (2) A person who rents, controls, or uses a parcel of land for agricultural purposes. 14 “Livestock” means all domestic animals, including deer, elk, or any fenced-in animals. 15 “Livestock operation” means a feedlot or other facility or a pasture where animals are fed, confined, 16 maintained, or stabled. 17 “Manure” means livestock excreta. "Manure" includes the following when intermingled with excreta 18 in normal farming operations: debris including bedding, water, soil, hair, and feathers; processing 19 derivatives including separated sand, separated manure solids, precipitated manure sludges, 20 supernatants, digested liquids, composted biosolids, and process water; and runoff collected from 21 barnyards, animal lots, and feed storage areas. 22 “Manure storage” means physically transferring manure from the livestock production area, feedlot, or 23 place of origin to another location, manure storage facility, or unconfined manure pile. Manure storage 24 does not include transferring manure for land application. 25 “Manure storage facility” means an impoundment made by constructing an embankment or 26 excavating a pit or dugout or by fabricating a structure to contain manure and other animal or 27 agricultural waste. 28 “Natural Resources Conservation Service (NRCS)” means an agency of the United States Department 29 of Agriculture (USDA) which, for purposes of this chapter, provides the Land Conservation Commission 30 and the Land Conservation Division with technical assistance and information on the design criteria, 31 size, shape, engineering strength, and other necessary technical data for the proper and safe 32 installation of a manure storage facility. 33 “Navigable waters” means any body of water that is navigable under the laws of the state as 34 defined in Wis. Stat. § 30.01(4m). 35 “Nutrient management plan” means a plan that balances the nutrient needs of a crop with the 36 nutrients available from legume crops, manure, fertilizer, or other sources. The requirements for a 37 nutrient management plan are as established in Wis. Admin. Code Ch. ATCP 50.04(3). 38 "Nutrients" means plant nutrients derived from commercial fertilizers, manure, organic wastes, soil 39 reserves, legumes, or other sources. 40 “Ordinary high water mark” means the point on the bank or shore up to which the presence and 41 action of surface water is so continuous as to leave a distinctive mark such as by erosion, 42 destruction or prevention of terrestrial vegetation, or other easily recognized characteristic. Where 43 the bank or shore at any particular place is of such character that it is difficult or impossible to 44 ascertain where the point of ordinary high-water mark is, recourse may be had to the opposite 45 bank of a stream or to other places on the shore of a lake or flowage to determine whether a given

96 1 stage of water is above or below the ordinary high-water mark. 2 “Pasture” means land on which livestock graze or otherwise seek feed in a manner that maintains 3 the vegetative cover over the grazing area. Pasture may include limited areas of bare soil such as 4 cattle lanes and supplemental feeding areas provided the bare soil areas are not significant sources 5 of pollution to waters of the state.

6 “Permit” means the signed, written statement issued by the Land Conservation Division under this 7 ordinance authorizing the applicant to construct, install, substantially alter, close, or reuse a manure 8 storage facility, and to use or dispose of waste from the facility. 9 “Permitted facility” means a facility that was permitted under this ordinance. 10 “Permittee” means any person to whom a permit is issued under this ordinance. 11 “Person” means any individual, owner, operator, corporation, limited liability company, partnership, 12 association, municipality, interstate agency, state agency, or federal agency pursuant to Wis. Stat. § 13 283.01(11). 14 “Phosphorus index” means the State’s agricultural land management planning tool for assessing the 15 potential of a cropped or grazed field to contribute phosphorus to surface waters. 16 “Pollutant” means any dredged, spoil, solid waste, incinerator residue, sewage, garbage, refuse, oil, 17 sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, 18 wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural 19 waste discharged into water as defined in Wis. Stat. § 283.01(13). 20 “Pollution” includes contaminating or rendering unclean or impure the waters of the state, or 21 making the same injurious to public health, harmful for commercial or recreational use, or 22 deleterious to fish, bird, animal or plant life. 23 “Process wastewater” means wastewater from the production area directly or indirectly used in the 24 operation of animal feeding operation that results from any or all of the following: 25 (1) Spillage or overflow from animal or poultry watering systems. 26 (2) Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding 27 operation facilities. 28 (3) Direct contact swimming, washing, or spray cooling of animals or dust control. 29 (4) Water that comes into contact with any raw materials or animal byproducts including 30 manure, feed, milk, eggs, or bedding. 31 “Recoverable benchmark” means a readily identifiable, relatively permanent benchmark that is 32 intended to maintain its elevation without change over a long period of time and will not be influenced 33 by disturbing activities. 34 “Runoff” means storm water or precipitation including rain, snow, ice melt or similar water that 35 moves on the land surface via sheet or channelized flow.

36 “Safety devices” means constructed measures designed to protect humans and livestock from 37 hazards associated with a manure storage facility. 38 “Site that is susceptible to groundwater contamination” under Wis. Stat. § 281.16 (1) (g) means 39 any one of the following: 40 (1) An area within 250 feet of a private well. 41 (2) An area within 1000 feet of a municipal well. 42 (3) An area within 300 feet upslope or 100 feet downslope of a direct conduit to 43 groundwater. 44 (4) A channel that flows to a direct conduit to groundwater. 45 (5) An area where the soil depth to groundwater or bedrock is less than 2 feet. 46 (6) An area where the soil does not exhibit one of the following soil characteristics:

97 1 (a) At least a 2-foot soil layer with 40% fines or greater above groundwater and bedrock. 2 (b) At least a 3-foot soil layer with 20% fines or greater above groundwater and bedrock. 3 (c) At least a 5-foot soil layer with 10% fines, or greater above groundwater and bedrock. 4 “Stored manure" means manure that is kept in a manure storage facility or an unconfined manure 5 pile. 6 “Substantially alter or significantly alter” means a change initiated by a landowner or operator that 7 results in a relocation of a structure or facility or changes to the size, depth or configuration of a 8 structure or facility including any of the following: 9 a. Replacement of a liner of any type in a manure storage facility. 10 b. An increase in the volumetric capacity or area of a manure storage facility. 11 c. A change in a manure storage facility related to a change in livestock management from 12 one species of livestock to another such as cattle to poultry. 13 d. The addition of a new pipe penetration or waste transfer system that requires an 14 alteration to the manure storage facility. 15 “Surface waters” means all natural and artificial named and unnamed lakes and all naturally 16 flowing streams within the boundaries of the state, but not including cooling lakes, farm ponds and 17 facilities constructed for the treatment of wastewaters. 18 “T-value (“T”), or Tolerable soil loss” means the maximum average annual rate of soil erosion for 19 each soil type that will permit a high level of crop productivity to be sustained economically and 20 indefinitely. 21 “Technical guide” means the United States Department of Agriculture (USDA) Natural Resources 22 Conservation Service (NRCS) Technical Guide as adopted by the Land Conservation Commission, 23 including subsequent amendments or additions. 24 “Top of the channel” means an edge or point on the landscape landward from the ordinary high 25 water mark of a surface water of the state, where the slope of the land begins to be less than 12% 26 continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet 27 landward from the ordinary high water mark, the top of the channel is the ordinary high water mark. 28 “Unconfined manure pile” means a quantity of manure that is at least 175 cubic feet in volume and 29 which covers the ground surface to a depth of at least 2 inches and is not confined within a manure 30 storage facility, livestock housing facility or barnyard runoff control facility or covered or contained 31 in a manner that prevents storm water access and direct runoff to surface water or leaching of 32 pollutants to groundwater. 33 “Waste transfer system” means components such as pumps, pipes, conduits, valves, and other 34 mechanisms installed to convey manure, leachate and contaminated runoff, and milking center 35 wastes from livestock structures to a storage structure, loading area, or treatment area. Waste 36 transfer system may include permanently installed conveyance systems necessary to transfer material 37 from the source to a storage facility, treatment facility or system, loading area, or cropland, and does 38 not include vehicles, temporary surface pipes or hoses. 39 “Waste utilization” means the land application of manure at an environmentally acceptable rate and 40 in such a manner as to make use of the constituent nutrients for maintenance or improvement of the 41 soil and plant resources. 42 “Water pollution” means any act or condition contaminating or rendering unclean or impure the 43 ground or surface waters of the state, or making the same injurious to public health, harmful for 44 commercial or recreational use, or deleterious to fish, bird, animal, or plant life. 45 “Water Quality Management Area (WQMA)” means land that includes any of the following: an

98 1 area within 1,000 feet of the ordinary high water mark of a navigable lake, pond, or flowage; an 2 area within 300 feet of the high water mark of a navigable river or stream; an area that is susceptible 3 to groundwater contamination, or has the potential to be a direct conduit for contamination to reach 4 groundwater. 5 “Waters of the state” mean those portions of Lake Michigan and Lake Superior within the 6 boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding 7 reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, 8 natural or artificial, public or private within the state or under its jurisdiction, except those waters 9 which are entirely confined and retained completely upon the property of a person.

10 “Winter grazing area” means a cropland or pasture where livestock feed on dormant vegetation 11 or crop residue, with or without supplementary feed, during the period of October 1 to April 30. 12 13

99 4/17/2019 VIOLATION STATUS REPORT Page 1 of 11 8:50:17AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0014-15 03/11/2015 Active 07/05/2016 04/10/2015 Junk Vehicles / General Zoning 004101302000 / 1800422610023200004 / 26.10.2.3-2-D

Name(s): Gregg R Slowik (Owner) Address(es) of Violation: W3831 SERVICE RD Gregg R Slowik (Violator)

Description of Violation: There Are Multiple Inoperable Vehicles On The Property Not Stored In An Approved Structure Along With Building Materials /Miscellaneous Items In The Driveway. Compliance Steps: The Committee On Planning And Development Had A Public Hearing For A Conditional Use Permit On Tuesday , May 24, 2016. The Decision Was Postponed Until June 28, 2016. Tuesday, June 28, 2016 The Committee On Planning And Development Denied The Conditional Use Permit Request Due To The History Of The Property And Continued Violations Of Previous Conditions . The Property Shall Be Brought Into Compliance; Call Me Directly To Set Up A Time To Meet Onsite To Establish A Compliance Schedule To Bring The Property Into Compliance . Taking No Action May Result In Further Legal Action. Ordinance Info: Section: Zoning Code Number: 18.25.010.I.2 Description: Section: Zoning Code Number: 18.02.020.93 Description: Section: Number: Description: Correspondence: Type Contact Letter Sent Date 03/13/2015 Deadline Date 04/10/2015 Comments Correspondence: Type Contact Letter Sent Date 10/19/2015 Deadline Date 11/18/2015 Comments Correspondence: Type First Notice / Violation Letter Sent Date 09/28/2016 Deadline Date 10/12/2016 Comments Correspondence: Type Sent Date Deadline Date Comments

V-0021-15 03/25/2015 Active 01/10/2019 04/24/2015 Construction Without Permit / 020123005000 / 1802022708093202002 / 27.8.9&10:298:4 General Zoning Name(s): John R & Patricia A Spate (Owner) Address(es) of Violation: 8009 OLSON DR John R & Patricia A Spate (Violator)

Description of Violation: Started Construction On A Single Family Home Without First Obtaining The Necessary Permit (S) Compliance Steps: Either Remove The Structure From The Property And Call For An Inspection Or Obtain The Necessary Permit (S) Which The Fee Will Be Doubled. The Sanitary Will Need To Be Addressed Prior To The Issuance Of A Land Use Permit. The Eau Claire City-County Health Department Would Be The Point Of Contact For Sanitary. Our Office Was Cantacted By Mark Vinall, And Understands There Is An Agreement To Remove The Structure In The Spring . If Code Compliance Is Not Acheived By June 1, 2019 A Citation Will Be Issued. Ordinance Info: Section: Zoning Code Number: 18.31.040.A Description: Correspondence: Type First Notice / Violation Letter Sent Date 03/25/2015 Deadline Date 04/22/2015 Comments Correspondence: Type Second Notice / Follow Up Letter Sent Date 10/19/2016 Deadline Date 11/02/2016 Comments

V-0064-15 10/16/2015 Active 01/30/2017 11/15/2015 Zoning Standards / General 022102104000 / 1802222710081100001 / 27.10.8.1-1-A Zoning Name(s): Wayne R & Marjorie N Peters (Owner) Address(es) of Violation: 7911 PARTRIDGE RD Wayne R & Marjorie N Peters (Violator)

Description of Violation: There Are Structure(S) On The Property That Have Not Received Permits From The Planning And Development Department . There Are Also Items Including But Not Limited To Construction Materials, Vehicles, And Other Miscellaneous Items That Are Outside An Approved Structure . The Property May Be Considered A Junkyard Under Eau Claire County Definition . The Zoning On The Property Does Not Allow For A Junkyard As A Permitted Principal, Accessory, Or Conditional Use. Compliance Steps: Call Me Directly To Set Up An Onsite Inspection With You To Determine What Items Need To Be Permitted , What Construction Materials, Vehicles, And Miscellaneous Items Need To Be Remove Or Placed In An Approved Structure, And To Set Up A Compliance Schedule To Bring The Property Into Compliance . Ordinance Info: Section: Zoning Code Number: 18.31.040.A. Description: Section: Zoning Code Number: 18.02.020.93 Description: Section: Zoning Code Number: 18.25.010.I.2 Description: Correspondence: Type First Notice / Violation Letter Sent Date 10/16/2015 Deadline Date 11/15/2015 Comments Correspondence: Type Second Notice / Follow Up Letter Sent Date 09/28/2016 Deadline Date 10/12/2016 Comments

100 4/17/2019 VIOLATION STATUS REPORT Page 2 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0020-16 06/14/2016 Active 06/14/2016 07/14/2016 Junkyard Materials / General 012114503000 / 1801222708361100002 / 27.8.36.1-1-B Zoning Name(s): Scot L Hemenway (Owner) Address(es) of Violation: E11795 BIRCH TREE LN Scot L Hemenway (Violator)

Description of Violation: Unlicensed/Inoperable Vehicles And Parts Thereof And Junkyard Materials On The Property . Compliance Steps: Clean Up The Junkyard Materials Onsite And Verify The Vehicles Outside Of An Approved Structure Are Licensed And Operable . If There Are More Than Two Unlicensed And/Or Inoperable Vehicles, Under Eau Claire County Code The Property Would Be Considered A Junk Yard . The Property Does Not Allow Junk Yards As A Permitted Principal, Accessory, Or Conditional Use In The A-2 Zoning District. Ordinance Info: Section: Zoning Code Number: 18.02.020.94 Description: Section: Zoning Code Number: 18.03.070 Description: Section: Number: Description: Correspondence: Type Contact Letter Sent Date 06/14/2016 Deadline Date 07/14/2016 Comments Correspondence: Type First Notice / Violation Letter Sent Date 08/11/2016 Deadline Date 08/22/2016 Comments

V-0036-16 09/01/2016 Active 09/21/2016 10/01/2016 Zoning Standards / General 022101608000 / 1802222710054300003 / 27.10.5.4-3-C Zoning Name(s): Charles G & Leona North (Owner) Address(es) of Violation: 8108 PARTRIDGE RD Charles G & Leona North (Violator)

Description of Violation: There Is Currently A Conditional Use On The Property (Cup2001-14) For The Amortization Of Nonconforming Junkyards, Salvage Yards And Motor Vehicle Repair Shops. There Is Junkyard Materials Throughout The Property Exceeding The Allowed Ninety Motor Vehicles Under Condition 2 Violating The Conditional Use Permit. Compliance Steps: There Were Previous Site Visits And Correspondance In 2014 That Show That The Property Needed To Be Addressed. There Was A Compliance Schedule Establishing Goals To Bring The Property Into Compliance, However There Were Health Issues With The Owner(S) That Put The Schedule On Hold. The Department Has Not Recieved Any Correspondance Regarding The Health Of The Owner(S) Since Placing The Schedule On Hold. To Resolve The Matter, Contact Me Directly To Set Up A Time To Meet Onsite To See The Status Of The Proeprty And What Needs To Addressed To Follow The Conditions In The Conditional Use Permit. If No Action Is Taken, The Department Will Follow The Process On The Revocation Of The Permit. Ordinance Info: Section: Zoning Code Number: 18.21.090 Description: Correspondence: Type First Notice / Violation Letter Sent Date 09/01/2016 Deadline Date 10/01/2016 Comments

V-0045-16 12/01/2016 Active 12/01/2016 12/31/2016 Construction Without Permit / 020116208000 / 1802022709133202011 / 27.9.13.18:OL.1-B General Zoning Name(s): Aks Property Management Llc (Owner) Address(es) of Violation: Aks Property Management Llc (Violator)

Description of Violation: Construction Including But Not Limited To A Viewing Deck, Open Sided Structure, And Stairways From North Shore Drive Down To Lake Altoona. Compliance Steps: Ordinance Info: Section: Zoning Code Number: 18.31.040.A.1.A Description: Section: Zoning Code Number: 18.19.050.B.2 Description: Section: Zoning Code Number: 18.19.070.C Description: Correspondence: Type Contact Letter Sent Date 10/18/2016 Deadline Date 11/18/2016 Comments Correspondence: Type First Notice / Violation Letter Sent Date 12/01/2016 Deadline Date 12/16/2016 Comments

101 4/17/2019 VIOLATION STATUS REPORT Page 3 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0008-17 03/07/2017 Active 03/07/2017 04/06/2017 Junkyard Materials / General 020120601000 / 1802022709142109004 / 27.9.14.218:10-A Zoning Name(s): Louis J Gundersen (Owner) Address(es) of Violation: 4445 TOWER DR Louis J Gundersen (Violator)

Description of Violation: There Appears To Be Multiple Vehicles Stored On The Property Behind The Fenced In Area Along With Other Vehicle Parts Thereof And Miscellaneous /Junkyard Materials. The Property Could Be Defined As A Junk Yard Per County Code. The Property Zoned R-1-L Does Not Allow Junkyard As A Permitted Principle, Accessory, Or Conditional Use. Compliance Steps: Vehicles Shall Be Licensed And Operable, Stored In An Approved Structure, Or Removed From The Property. Including But Not Limited To Vehicle Parts Thereof And Junky Yard Materials Shall Either Stored In An Approved Structure Or Removed From The Property . Ordinance Info: Section: Zoning Code Number: 18.25.010.I.2 Description: Section: Zoning Code Number: 18.02.020.93 Description: Section: Zoning Code Number: 18.02.020.94 Description: Section: Zoning Code Number: 18.03.070 Description: Correspondence: Type First Notice / Violation Letter Sent Date 03/07/2017 Deadline Date 04/06/2017 Comments

V-0019-17 07/18/2017 Active 07/18/2017 08/17/2017 Shoreland Vegetation Removal / 002133102000 / 1800222606033402004 / 26.6.3.222:7:7 Shoreland Name(s): Ernest J Fratzke (Owner) Address(es) of Violation: S5170 SD LN Ernest J Fratzke (Violator)

Description of Violation: Cutting And Tree Removal Within The 35' (Vegetative Buffer Zone) That Exceeds 35' For Every 100' Of Shoreland Frontage. Compliance Steps: Contact The Department To Conduct An Onsite Visit With You To Determine How To Remedy The Violatoin . Ordinance Info: Section: SHORELAND Number: 20.07 Description: PROTECTION OVERLAY Correspondence: Type First Notice / Violation Letter Sent Date 07/18/2017 Deadline Date 08/17/2017 Comments

V-0032-17 08/29/2017 Active 08/29/2017 09/28/2017 Dwelling Occupancy / General 024105306000 / 1802422608284300001 / 26.8.28.4-3-A, F Zoning Name(s): Kelly P Sather (Owner) Address(es) of Violation: 9060 US HIGHWAY 53 Amy M Sather (Owner) Amy M Sather (Violator)

Description of Violation: There Is An Existing Pole Shed That Is Being Used For Dwelling Purposes . After Reviewing The Property Files, I Did Not See Where The Department Has Issued A Change Of Use Permit For The Pole Shed To A Single Family Home. The Property Shall Not Have More Than One Principal Building Or Use And Its Accessory Buildings Or Uses . Compliance Steps: Any Person(S)/Tenant(S) Dwelling In The Accessory Structure Shall Vacate The Accessory Structure (Pole Shed). The Structure Shall Be Converted Back To A Pole Shed For Accessory Use To The Single Family House On The Property. Call For An Onsite Inspection Of The Structure To Verify Compliance. Ordinance Info: Section: Zoning Code Number: 18.03.060.A Description: Section: Zoning Code Number: 18.03.070 Description: Section: Zoning Code Number: 18.08 Description: Correspondence: Type First Notice / Violation Letter Sent Date 08/29/2017 Deadline Date 09/28/2017 Comments

102 4/17/2019 VIOLATION STATUS REPORT Page 4 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0004-18 02/13/2018 Active 11/30/2018 03/15/2018 Zoning Standards / General 020123104010 / 1802022708093109005 / 03/15/2018 Zoning Name(s): Gene D Schleusner (Violator) Address(es) of Violation: 1597 S 82ND AVE Deanna M Schleusner (Owner) Deanna M Schleusner (Owner)

Description of Violation: Permit Se-0360-15 Was Issued December 10, 2015 Permitting A Single Family Dwelling And Outbuilding. The Department Understands That After The Permit Was Issued The Outbuilding Was Constructed, But The Dwelling Was Not. Since The Outbuilding Was Permitted As An Accessory Strucutre The Construction Of It Without A Pricipal Structure Created A Violation Of The Eau Claire Zoning Code. Compliance Steps: There Are Options To Resolve The Violation Including But Not Limited To; Construction Of A Principal Structure, Removal Of The Structure In Violation, Or To Potentially Rezone The Property To A Distirict That Allows Oyur Structure As A Principal Structure. Ordinance Info: Section: Zoning Code Number: 18.05 Description: A-2 Agriculture-Residential District Correspondence: Type First Notice / Violation Letter Sent Date 02/20/2018 Deadline Date 03/22/2018 Comments Correspondence: Type Second Notice / Follow Up Letter Sent Date 04/11/2018 Deadline Date 05/11/2018 Comments

V-0005-18 03/01/2018 Active 02/18/2019 03/31/2018 Floodplain / Floodplain 008103803000 / 1800822510161200001 / 25.10.16.1-2 008103806000 / 1800822510162100001 / 25.10.16.2-1

Name(s): Robert E & Vanetta M Knutson (Owner) Address(es) of Violation: W5381 COUNTY ROAD ZZ Robert E & Vanetta M Knutson (Violator)

Description of Violation: Please Refer To The Initial Letter Sent On July 5, 2016 Pertaining To The Violations That Occured On Your Property Along Rock Creek In Section 16, T25N-R10W.(Attached To This Letter). Compliance Steps: Agree To The Compliance Agreement Dated August 15, 2017 (Attached). Ordinance Info: Section: Zoning Code Number: 18.20.020.A Description: Section: County Code Number: 20.03 Description: Correspondence: Type First Notice / Violation Letter Sent Date 07/05/2016 Deadline Date Comments Correspondence: Type Second Notice / Follow Up Letter Sent Date 03/01/2018 Deadline Date 04/02/2018 Comments

V-0007-18 03/09/2018 Active 04/11/2018 04/08/2018 Junkyard Materials 024104204010 / 1802422608212200006 / 26.8.21.2-2-G

Name(s): Jonathan P & Jessica Smalstig (Owner) Address(es) of Violation: 7403 BERNHARDT RD Jonathan P & Jessica Smalstig (Violator)

Description of Violation: The Accumulation Of Refuse And/Or Junk Materials On The Property Including But Not Limited To Vehicles , Snowblowers, Lawnmowers And/Or Rototillers, Aircompressors, Grills, Four Wheelers (Atv), Varioius Household Items, Bicycles, And Miscellaneous Construction Materials. On March 7, 2018 Land Conservation Staff Attempted To Contact The Property Owner, But Nobody Was Available To Answer The Door. The Accumulation Of Refuse And/Or Junk Is A Violation Of Circuit Court Case No. 14Cx01. Compliance Steps: All Refuse And Junk Shall Be Removed Within The Given Timeframe Or The Matter May Be Turned Over To Corporation Councel For Further Legal Action . Contact Our Office To Schedule An Onsite Inspecetion, So Staff Can Verify Your Entire Property Is In Compliance With Circuit Court Case No. 14Cx01. Ordinance Info: Section: Zoning Code Number: 18.02.020(93) Description: Section: Zoning Code Number: 18.02.020(94) Description: Section: Zoning Code Number: 18.03.070 Description: Section: Zoning Code Number: 18.05 Description: Correspondence: Type First Notice / Violation Letter Sent Date 03/13/2018 Deadline Date 04/11/2018 Comments

103 4/17/2019 VIOLATION STATUS REPORT Page 5 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0011-18 04/06/2018 Active 03/29/2019 05/06/2018 Zoning Standards 012110806000 / 1801222608252100001 / 26.8.25.2-1

Name(s): Kurt D & Wendy L Folkers (Owner) Address(es) of Violation: E11350 COUNTY ROAD D Kurt D & Wendy L Folkers (Violator)

Description of Violation: Mulitple Unliscensed Vehicles Onsite Including But Not Limited To Two Off Road Vehicles And Junk Yard Materials . The Property Could Be Defined As A Junkyard Per County Code. The Property Zoned A-P Does Not Allow Junkyards As A Permitted, Accessory, Or Conditional Use. Compliance Steps: All Unlicensed Vehicles, Inopperable Vehicles, And Junkyard Material Shall Be Reomved From The Property Or Stored In An Enclosed Building . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of Junk Yard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junk Yard Materials Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Section: Zoning Code Number: 18.32 Description: A-P Agricultural Preservation District Section: Zoning Code Number: 18.25.010(I)2 Description: Storage Of Inoperable Or Unlicensed Vehicles Section: Zoning Code Number: 18.25.010(I)2 Description: Section: Zoning Code Number: 18.31.060(A)4 Description: Reoccuring Violation Enforcement Correspondence: Type First Notice / Violation Letter Sent Date 04/06/2018 Deadline Date 04/23/2018 Comments

V-0014-18 04/13/2018 Active 05/23/2018 05/13/2018 Setback Violation 020100204000 / 1802022707043300001 / 27.7.4.3-3-A,C

Name(s): Jonathan D Perlberg (Violator) Address(es) of Violation: 2501 N 140TH AVE Karen R Perlberg (Owner)

Description of Violation: A Structure Has Been Constructed Without First Obtaining The Required Land Use Permit . The Required Minimimum Setback From A Class C Highway (Such As Oak Knoll Drive) Shall Be 83 Feet From The Centerline, Or 50 Feet From The Right-Of-Way Line, Whichever Is Greater. The Structure In Question Is 78 Feet From The Centerline Of Oak Knoll Drive. There Is Also A Sawmill Operation Onsite That May Be Permitted In The A-P District With The Approval Of A Conditional Use Permit. Compliance Steps: The Structure Shall Be Removed From The Property, Or Relocated On The Property To A Location That Conforms To Title 18, The Eau Claire County Zoning Code. Also, A Conditional Use Permit Application Shall Be Applied For, And Approved If Sawmill Operations Are To Continue On The Property. Ordinance Info: Section: Zoning Code Number: 18.22.020 Description: Highway Setback And Access Requirements Section: Zoning Code Number: 18.32.030 Description: A-P Conditional Uses Section: Zoning Code Number: 18.31.040 Description: Permits Required Correspondence: Type First Notice / Violation Letter Sent Date 04/13/2018 Deadline Date 05/14/2018 Comments

V-0015-18 04/17/2018 Active 06/27/2018 05/17/2018 Operating a Business Without a 024102708020 / 1802422608162200003 / 26.8.16.2-2-D Permit Name(s): Kelly P Sather (Violator) Address(es) of Violation: 6427 MARKGRAFF RD Amy M Sather (Owner) Amy M Sather (Violator)

Description of Violation: Operation Of A Commercial Business In The A-P (Agricultural Preservation) Zoning District. On June 16, 2017 Our Office Issued A Land Use Permit For A 152X60 Shed For Agricultural Use. It Appears That The Sturcture Is Currently Being Utilized For The Opperation Of A Commercial Business , Which Is Not Permitted Within The A-P District. Enclosed Is A Copy Of The Original Permit Application Stating The Structure Is Intended For Agriculture Use Compliance Steps: Commercial Operations Shall Cease, Or The Shed Shall Be Used For Agriculture Purposes. It Appears The Type Of Business Being Operated May Be Permitted Within One Of The County'S Commercial Zoning Districts. Ordinance Info: Section: Zoning Code Number: 18.32 Description: A-P Zoning District Regulations Correspondence: Type First Notice / Violation Letter Sent Date 05/01/2018 Deadline Date 05/31/2018 Comments

104 4/17/2019 VIOLATION STATUS REPORT Page 6 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0031-18 07/23/2018 Active 07/24/2018 08/22/2018 Zoning Standards 004101605030 / 1800422610024400004 / 26.10.2.4-4-D

Name(s): Calliandra K Opelt (Owner) Address(es) of Violation: W3130 MITCHELL RD Calliandra K Opelt (Violator)

Description of Violation: Junk Yard Materials On The Property Including But Not Limited To Unlisensed Vehicle (S), Computers, Misc. Electronic Equipment, House Hold Items, Scrap Materials, Etc... Compliance Steps: All Junk Material And Unlisenced Vehicles Need To Be Removed From The Property , Or Stored In An Approved Structure. Please Contact Me After The Property Has Been Cleaned Up So Our Office May Verify Compliance With The County Zoning Code. Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of Junkyard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junkyard Materials Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Correspondence: Type First Notice / Violation Letter Sent Date 08/08/2018 Deadline Date 09/10/2018 Comments

V-0031-18 07/23/2018 Active 07/24/2018 08/22/2018 Zoning Standards 004101605030 / 1800422610024400004 / 26.10.2.4-4-D

Name(s): Calliandra K Opelt (Owner) Address(es) of Violation: W3130 MITCHELL RD Calliandra K Opelt (Violator)

Description of Violation: Junk Yard Materials On The Property Including But Not Limited To Unlisensed Vehicle (S), Computers, Misc. Electronic Equipment, House Hold Items, Scrap Materials, Etc... Compliance Steps: Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of Junkyard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junkyard Materials Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Correspondence: Type First Notice / Violation Letter Sent Date 08/08/2018 Deadline Date 09/10/2018 Comments

V-0032-18 07/25/2018 Active 08/06/2018 08/24/2018 Zoning Standards 020112404000 / 1802022709141300006 / 27.9.14.1-3-H & 1-3-I

Name(s): Justin C Green (Violator) Address(es) of Violation: 993 PETERSON AVE 991 PETERSON AVE Amanda M Green (Violator) Amanda M Green (Owner)

Description of Violation: Our Office Has Received Multiple Complaints Of A Rooster Crowing On Your Property. The Noncommercial Raising Of Animals And Birds Is Not A Permitted Use, Or Permitted Through The Approval Of A Conditional Use Permit In The Residential Large Lot District (R-L). Compliance Steps: The Raising Of Noncommercial Animals And Birds Shall Discontinue, Since It Is Not A Permitted Use On In Your Zoning District. Please Contact Me When The Animals And/Or Birds Have Been Romoved From The Property, And Schedule A Time I Can Meet You Onsite To Verify Compliance. Ordinance Info: Section: Zoning Code Number: 18.30.240 Description: Noncommercial Raising Of Animals And Birds Section: Number: Description: Correspondence: Type First Notice / Violation Letter Sent Date 07/25/2018 Deadline Date 08/27/2018 Comments

V-0033-18 07/31/2018 Active 08/06/2018 08/30/2018 Zoning Standards 024201003000 / 1802422709243402017 / 27.9.24.32:2:12

Name(s): Elmer R Nielsen (Owner) Address(es) of Violation: 475 SUNDAY DR Elmer R Nielsen (Violator)

Description of Violation: Mulitiple Disabled Or Unlisenced Vehicles, Piles Of Junk Material, And Stacks Of Cardboard. Compliance Steps: All Junk Material Ans Unlisenced Vehicles Need To Be Reomved From The Property , Or Stored In An Approved Structure. Please Contact Me After The Property Has Been Cleaned Up, So Our Office May Verify Compliance With The County Code. Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Section: Zoning Code Number: 18.02.020.94 Description: Section: Zoning Code Number: 18.03.070 Description: Correspondence: Type First Notice / Violation Letter Sent Date 08/08/2018 Deadline Date 09/10/2018 Comments

105 4/17/2019 VIOLATION STATUS REPORT Page 7 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0039-18 08/22/2018 Active 08/22/2018 09/21/2018 Zoning Standards 006103501000 / 1800622508143300001 / 25.8.14.3-3-A

Name(s): Joshua D & Darcy A R Peterson (Owner) Address(es) of Violation: S12851 FINCH DR Joshua D & Darcy A R Peterson (Violator)

Description of Violation: Non-Conforming Structure Is Within The Minimum Setback Distance From Finch Drive . Finch Drive Is Classified As A Class C Road, And The Parcel Is Zoned A-P, Which Requires A Minimum Setback Of 50 Feet From The Road Right-Of-Way. Permit Cc-0377-17 Was Issued 10/24/2017 With The Understanding That The Non-Conforming Structure Would Be Removed. Compliance Steps: The Structure Shall Be Removed From It'S Current Location. If The Structure Is To Be Relocated On The Property A New Land Use Permit Needs To Be Issued Prior To Moving The Structure. Ordinance Info: Section: Zoning Code Number: 18.31.040 Description: Permits Required Section: Zoning Code Number: 18.32.050 Description: Lot, Height And Yard Requirements Correspondence: Type First Notice / Violation Letter Sent Date 08/22/2018 Deadline Date 09/24/2018 Comments

V-0043-18 10/08/2018 Active 10/16/2018 11/07/2018 Zoning Standards 024204203000 / 1802422709321402018 / 27.9.32.26:3:10-B

Name(s): Brian J Lee (Owner) Address(es) of Violation: 322 MITCHELL AVE Brian J Lee (Violator)

Description of Violation: Addition Of A Lean-To To An Existing Garage Without Obtining The Required Land Use Permit . The Structure Also Appears To Be Within The Minimum Five Foot Setback From The Side Property Line. Permit Fees Will Be Double, Since This Will Be An After The Fact Permit. Compliance Steps: Obtain The Required Land Use Permit From Our Office Using The Enclosed Application . Structure Shall Meet The Eau Claire County Zoning Code Requrements Before The Permit May Be Issued. Ordinance Info: Section: Number: Description: Correspondence: Type First Notice / Violation Letter Sent Date 10/08/2018 Deadline Date 11/07/2018 Comments

V-0044-18 10/09/2018 Active 10/16/2018 11/08/2018 Zoning Standards 022113102010 / 1802222710183109004 / 27.10.18.7:2:41

Name(s): Rebecca T Schulz (Owner) Address(es) of Violation: 2156 ANDERSON RD Jennifer S Schulz-Johnston (Owner) Jennifer S Schulz-Johnston (Violator)

Description of Violation: A Trailer Has Been Brought Onsite, And Appears To Be Used As A Perminant Structure. A Land Use Permit Is Required For The Structure To Be Placed / Built Onsite. A Permit May Be Issued If The Proposed Use Is A Permitted Use. Compliance Steps: Required Permits Shall Be Obtained From Our Office, Or The Structure Shall Be Removed From The Site. Contact Our Office If You Need Assistance Completing The Application , Or After The Structure Had Been Removed To Set Schedule A Time For County Staff To Verify Compliance . Ordinance Info: Section: Zoning Code Number: 18.31.040 Description: Code Administration Section: Number: 18.07 Description: Rh District Correspondence: Type First Notice / Violation Letter Sent Date 10/10/2018 Deadline Date 11/09/2018 Comments

V-0046-18 11/26/2018 Active 11/29/2018 12/26/2018 Zoning Standards 004109901010 / 1800422610302300002 / 26.10.30.2-3-C & 3-2-D

Name(s): Michael L & Julie L Pettis (Owner) Address(es) of Violation: S8685 COUNTY LINE RD Michael L & Julie L Pettis (Violator)

Description of Violation: The Accumulation Of Junkyard Materials On Your Property Including But Not Limited To Vehicles , Lawn Mowers, Trailers, Miscellaneous Construction Materials. By Definition Your Property Could Be Defined As A Junkyard. Compliance Steps: All Materials And Unlicensed Vehicles Onsite Shall Be Removed, Or Stored In An Approved Enclosed Structure. Contact Me After The Property Has Been Cleaned Up To Schedule A Site Inspection For Staff To Verify Compliance With The Eau Claire County Zoning Code . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of Junkyard Section: Zoning Code Number: 18.25.010.I.2 Description: Parking Limitations, Inoperable Or Unlicensed Vehicles Section: Zoning Code Number: 18.25.020.94 Description: Definition Of Junkyard Materials Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Section: County Code Number: 18.05 Description: A-2 Zoning District Correspondence: Type First Notice / Violation Letter Sent Date 11/29/2018 Deadline Date 12/31/2018 Comments 106 4/17/2019 VIOLATION STATUS REPORT Page 8 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0050-18 12/03/2018 Active 12/17/2018 01/02/2019 Zoning Standards 020114008000 / 1802022709151200019 / 27.9.15.1-2-S

Name(s): Leith E Sault (Owner) Address(es) of Violation: 1137 MCKINLEY RD Leith E Sault (Violator)

Description of Violation: Junk In Yard And Running A Business. Compliance Steps: Ordinance Info: Section: Number: Description: Correspondence: Type Sent Date Deadline Date Comments

V-0001-19 01/30/2019 Active 02/18/2019 03/01/2019 Sudivision Regulations / 018109002000 / 1801822509361100001 / Subdivision 018109003000 / 1801822509361200001 /

Name(s): Janice E Knudson (Owner) Address(es) of Violation: Janice E Knudson (Violator)

Description of Violation: There Was A Creation Of 36.62, Parcel D, That Was Not Done With A Certified Survey Map. Compliance Steps: Ordinance Info: Section: Number: Description: Correspondence: Type Sent Date Deadline Date Comments

V-0002-19 02/08/2019 Active 02/18/2019 03/10/2019 Nonmetallic Mining / General 022101010250 / 1802222710041309003 / SEE LEGAL DESCRIPTION Zoning Name(s): Corporate Accounting (In Care Of) Address(es) of Violation: 6111 N TOWN HALL RD Menard Inc (Owner) Menard Inc (Violator)

Description of Violation: Operating A Nonmetallic Mine Site Without The Necessary Local, State, And/Or Federal Permits/Approvals. Local Permits/Approvals Include, But Are Not Limited To: Nonmetallic Mining Overlay District, Conditional Use Permit, And A Reclamation Permit. Compliance Steps: Cease Operation Of The Nonmetallic Mine Site And Reclaim The Land Under Local , State, And Federal Requirements, Working With The County On An Agreed Schedule Or Immediately Discontinue Operation Of The Nonmetallic Mine Site Until All Local , State, And Federal Permits And Approvals Are In Secured. It Should Be Noted The Owner (Menard Inc) Met With County And State Staff To View The Property And Has Hired Seh Inc. As Their Consultant To Move Forward With Permitting. Ordinance Info: Section: Zoning Code Number: 18.28 Description: Section: Zoning Code Number: 18.34 Description: Section: Zoning Code Number: SUBTITLE IV Description: Correspondence: Type First Notice / Violation Letter Sent Date 02/12/2019 Deadline Date 03/11/2019 Comments

V-0005-19 02/20/2019 Active 04/10/2019 03/22/2019 Floodplain 004103206000 / 1800422610081300002 / 26.10.8.1-3-B

Name(s): Huntsinger Farms Inc (Owner) Address(es) of Violation: Huntsinger Farms Inc (Violator)

Description of Violation: Development Of A Berm Made Of Earthen Fill Within An Area Mapped Floodplain . The Area Is Mapped Zone A Indicating No Base Flood Elevation Has Been Determined . Compliance Steps: Obtain The Required Permits From Our Office To Bring The Floodplain Development Into Compliance With The Ordinance , Or Remove The Development (Berm) From The Site. Ordinance Info: Section: Zoning Code Number: 18.20.020.A Description: General Standards Applicable To All Floodplain Districts Correspondence: Type First Notice / Violation Letter Sent Date 02/20/2019 Deadline Date 03/26/2019 Comments

107 4/17/2019 VIOLATION STATUS REPORT Page 9 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0007-19 03/12/2019 Active 03/12/2019 04/11/2019 Zoning Standards / General 004113203000 / 1800422610030032001 / 26.10.3:233:2 Zoning Name(s): Gary R & Rona M Horn (Owner) Address(es) of Violation: S4848 PORTERVILLE RD Gary R & Rona M Horn (Violator)

Description of Violation: Addition To An Existing Shed Without First Obtaining The Required Permits . With The Addition Onto The Existing Shed The Total Square Footage Will Exceed The 1,200 Square Foot Accessory Structure Limit On A Parcel Zoned Rural Homes Rh . Compliance Steps: Remove The Existing Structure That Has Been Constructed, Or If The Structure Is To Remain Larger Than 1,200 Square Feet A Conditional Use Permit Is Required, And Needs To Be Approved By The County Planning And Development Committee. Ordinance Info: Section: Zoning Number: Description: Code18.07.045.C Correspondence: Type First Notice / Violation Letter Sent Date 03/12/2019 Deadline Date 04/12/2019 Comments

V-0008-19 03/18/2019 Active 03/18/2019 04/17/2019 Sudivision Regulations 024124308000 / 1802422709333200010 / 27.9.33.3-2-J

Name(s): Scott L Potter (Owner) Address(es) of Violation: 3752 CUMMINGS AVE Scott L Potter (Violator)

Description of Violation: Division Of A Lot, Parcel, Or Tract Of Land For The Purpose Of Transfering Ownership That'S Less Than 40 Contiguous Acres. Compliance Steps: File A Certified Survey Map (Csm) To Subdivide The Existing Parcel. Work With A Licensed Surveyor To Submit A Csm To Our Office For Review And Approval . After The Csm Has Been Approved And Filed With The Register Of Deeds, The Land Transfer May Be Completed. Ordinance Info: Section: Subdivision Code Number: 18.77.010 Description: General Standards Correspondence: Type First Notice / Violation Letter Sent Date 03/19/2019 Deadline Date 04/22/2019 Comments

V-0009-19 03/25/2019 Active 04/10/2019 04/24/2019 Zoning Standards 018118702000 / 1801822609224402000 / 26.9.22.176:11

Name(s): Caleb K Rykal (Owner) Address(es) of Violation: E3525 BENRUD LN Laura M Rykal (Owner) Laura M Rykal (Violator)

Description of Violation: Multiple Unlisenced Vehicles Onsite, And The Operation Of An Auto Repair Business. Compliance Steps: Ordinance Info: Section: Number: Description: Correspondence: Type Sent Date Deadline Date Comments

V-0010-19 03/28/2019 Active 03/28/2019 04/27/2019 Zoning Standards 024101305030 / 1802422608072109001 / 26.8.7.2-1-I

Name(s): Nancy E Zimmerman (Owner) Address(es) of Violation: 6799 OTTER CREEK RD Nancy E Zimmerman (Violator)

Description of Violation: Operation Of An Auto Repair Business Onsite Without The Approval Of A Cottage Industry Conditional Use Permit . Compliance Steps: Cease Business Activities, Or Submit A Conditional Use Permit Application For A Cottage Industry. The Auto Repair Business May Continue If The Applicaiton Is Approved . You Will Find A Conditional Use Permit Application Enclosed With This Letter . Contact Planning And Development Staff To Discuss The Requirements Of A Cottage Industry Before Making Your Final Submittal . Ordinance Info: Section: Zoning Code Number: 18.05 Description: A-2 Section Section: Zoning Code Number: 18.23 Description: Cottage Industry Requirements Correspondence: Type First Notice / Violation Letter Sent Date 03/29/2019 Deadline Date 04/30/2019 Comments

108 4/17/2019 VIOLATION STATUS REPORT Page 10 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0011-19 03/29/2019 Active 04/10/2019 04/28/2019 Zoning Standards 012110806000 / 1801222608252100001 / 26.8.25.2-1

Name(s): Folkers Farms Llc (Owner) Address(es) of Violation: E11350 COUNTY ROAD D Shawn Wanstead (Violator)

Description of Violation: Multiple Inoperable Or Ulicensed Vehicles And Junkyaerd Material Onsite . The Property Could Be Defined As A Junkyard Per County Code. The Property Zoned A-P Does Not Allow Junkyards As A Permitted, Accessory, Or Conditional Use. Compliance Steps: All Unlicensed Vehicles, Inopperable Vehicles, And Junkyard Material Shall Be Removed From The Property Or Stored In An Enclosed Building . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Section: Zoning Code Number: 18.02.020.94 Description: Section: Zoning Code Number: 18.32 Description: Section: Zoning Code Number: 18.25.010.I.2 Description: Section: Zoning Code Number: 18.31.060.A.4 Description: Correspondence: Type First Notice / Violation Letter Sent Date 03/29/2019 Deadline Date 04/30/2019 Comments

V-0012-19 04/01/2019 Active 04/10/2019 05/01/2019 Zoning Standards 022104409000 / 1802222710143300001 / 27.10.14.3-3-A

Name(s): Vang S & Maipa V Lee (Owner) Address(es) of Violation: 4012 W CAMERON ST Vang S & Maipa V Lee (Violator)

Description of Violation: Multiple Unliscensed Or Inopperable Vehicles Onsite Including But Not Limited To Six Cars . The Property Could Be Defined As A Junkyard Per Eau Claire County Zoning Code . The Property Is Zoned A2, And Does Not Allow Junkyards As A Permitted, Accessory, Or Conditional Use. Compliance Steps: All Unlicensed Vehicles, Inopperable Vehicles, And Junkyard Material Shall Be Reomved From The Property Or Stored In An Enclosed Building . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of Junk Yard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junk Yard Materials Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Section: Zoning Code Number: 18.25.010(I)2 Description: Sorage Of Inoperable Or Unlicensed Vehicles Section: Zoning Code Number: 18.05 Description: A-2 Agriculture-Residential District Correspondence: Type First Notice / Violation Letter Sent Date 04/04/2019 Deadline Date 05/06/2019 Comments

V-0013-19 04/01/2019 Active 04/10/2019 05/01/2019 Zoning Standards 022106610000 / 1802222710212200001 / 27.10.21.2-2

Name(s): Long Vang (Violator) Address(es) of Violation: Kou Lor Vang (Violator) Tong Pao Lor (Violator) Fue Lor (Owner) John C Moua (Owner) Shoua L Moua (Owner)

Description of Violation: Multiple Unlicensed Vehicles Onsite Including A Car And A Van. The Property Could Be Defined As A Junkyard Per Eau Claire County Zoning Code . The Property Is Currently Zoned A-P, And Does Not Allow Junkyards As A Permitted, Accessory, Of Conditional Use. Compliance Steps: All Unlicensed Vehicles, Inopperable Vehicles, And Junkyard Material Shall Be Reomved From The Property Or Stored In An Enclosed Building . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of A Junkyard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junkyard Material Section: Zoning Code Number: 18.03.070 Description: Determination Of Uses Not Listed Section: Zoning Code Number: 18.32 Description: A-P Agricultural Preservation District Section: Zoning Code Number: 18.25.010(I) Description: Storage Of Inoperable Or Unlicensed Vehicles Section: Number: Description: Correspondence: Type First Notice / Violation Letter Sent Date 04/04/2019 Deadline Date 05/06/2019 Comments

109 4/17/2019 VIOLATION STATUS REPORT Page 11 of 11 8:50:32AM Cases Reported Between 03/01/2015 and 04/30/2019

Case # Date Opened Current Status Status Date Comply By Date(s) Violation Type / Category Alt# / PIN Parcel # Municipality Name

V-0014-19 04/01/2019 Active 04/10/2019 05/01/2019 Zoning Standards 020123602000 / 1802022708102302002 / 27.8.9&10:298:61

Name(s): Jayne M Steindl (Owner) Address(es) of Violation: 9106 OLSON DR Jayne M Steindl (Violator)

Description of Violation: Structure Constructed Without A Permit. The Structure Appears To Have Possibly Been Constructed Over A Property Line . Compliance Steps: A Land Use Permit Needs To Be Applied For And Approved For The Structure In Question . If The Structure Is Over The Property Line Or Does Not Meet Minimum Side Yard Set Back Requirements, The Structure Would Be Required To Be Removed Or Relocated On The Property . Ordinance Info: Section: Zoning Code Number: 18.05 Description: A-2 Zoning Section: Zoning Code Number: 18.05.025 Description: A-2 Permitted Accessory Structures Section: Zoning Code Number: 18.31.040 Description: Permits Required Correspondence: Type First Notice / Violation Letter Sent Date 04/11/2019 Deadline Date 05/13/2019 Comments

V-0016-19 04/10/2019 Active 04/10/2019 05/10/2019 Zoning Standards 020110207000 / 1802022709114300008 / 27.9.11.4-3-H

Name(s): Justin D & Jillian A Erickson (Owner) Address(es) of Violation: 1401 PETERSON AVE Justin D & Jillian A Erickson (Violator)

Description of Violation: Multiple Inoperable Or Unlicensed Vehicles And Junkyard Material Onsite . The Property Could Be Defined As A Junkyard Per County Code. The Property Zoned Single-Family Residential District, Large Lot Does Not Allow Junkyards As A Permitted, Accessory, Or Conditional Use. Compliance Steps: All Unlicensed Vehicles, Inoperable Vehicles, And Junkyard Material Shall Be Removed From The Property Or Stored In An Approved Enclosed Building . Ordinance Info: Section: Zoning Code Number: 18.02.020.93 Description: Definition Of A Junk Yard Section: Zoning Code Number: 18.02.020.94 Description: Definition Of Junkyard Materials Section: Zoning Code Number: 18..08 Description: Rl Zoning District Section: Zoning Code Number: 18.25.010.I.2 Description: Inoperable Or Unlicensed Vehicle Parking Section: Number: Description: Correspondence: Type First Notice / Violation Letter Sent Date 04/11/2019 Deadline Date 05/13/2019 Comments

110 111 112 113 Planning and Development March 2019

The following bills were sent to the Finance Department for payment:

Planning Vendor Amount Description Line Item# Alio Spreadsheet APG - LEADER-TELEGRAM 160.47 LEGAL NOTICE 56920-321-000 X WIS DNR 825.00 Mining Share Annual fees 23170-000-000 X HIGHWAY DEPT 99.43 Fuel 56920-330-000 X UW STEVENS POINT 60.00 Workshop for BLUA members 56920-340-000 X PETER STRAND 533.60 CONFERENCE - MILEAGE 56920-330-000 X PETER STRAND 75.27 CONFERENCE - MEALS 56920-340-000 X Matt Michels 63.80 Mileage 56920-330-000 X Office Depot 63.96 Office Supplies 56920-310-000 X WDSPS 55.00 Fred credential fees 56920-324-000 X

Resurvey Vendor Amount Description Line Item# Alio Spreadsheet TopCon Solution 24,998.00 Surveying Robot 57730-820-000 X

Emergency Management Vendor Amount Description Line Item# Alio Spreadsheet

Land Conservation Vendor Amount Description Line Item# Alio Spreadsheet Amanda Peters $ 42.46 WLW Conference 56922-340-000 Avery Products (PC) $ (1.27) Land stewardship Labels 56926-326-704 Avery Products (PC) $ 24.29 Land stewardship Labels 56926-326-704 Blue Ribbon Express $ 23.80 2019 ribbons--Poster Contest 56922-903-000 Chad Berge $ 45.95 Feb Expense Soil Health Conference 56922-340-000 Country Today $ 70.00 Bi Yearly Renewal 56922-320-000 Express Lube (PC) $ 37.96 2013 Dodge Oil Change 56922-241-000 Golden Spike Awards $ 95.50 Conservation Award Plaques 56922-390-000 Grand Geneva Resort (PC) $ 224.00 WLW Conference 56922-340-000 Greg Leonard $ 38.45 WLW Conference 56922-340-000 Kwik Trip (PC) $ 19.98 Poster Contest Treat/Gift card $10 56922-903-000 Liz Fagen $ 370.57 UMRCC Conference/Training 56922-340-000 Menards Distrubution Center $ 7,128.00 FA Assurance SW-04-15 23172-000-000 Midwest Groundcovers $ 2,371.73 Native Plants 56922-829-000 Timber Lodge $ (28.74) WLW Conference 56922-340-000 Timber Lodge $ 366.74 WLW Conference 56922-340-000 WI DATCP $ 30.00 19 Conservation Partner Meeting GL CB AP 56922-340-000 Zoom (PC) $ 14.99 Monthly Conference Charge 56922-390-000 WI Land and Water $ 1,425.00 Conference Registration 56922-340-000

Recycling Vendor Amount Description Line Item# Alio Spreadsheet Meghan Burkett 181.31 Travel Expenses 53635-340-000 Advanced Disposal $4,444.76 Drop Box Service for February 54885-208-000 Advanced Disposal $39,510.62 Curbside Services February 54885-201-000 Boxx Sanitation $18,175.00 Curbside Services February 54885-201-000 ProVyro Waste Services $12,233.44 Curbside Services February 54885-201-000 Village of Fairchild $121.10 Drop Box Service for February 54885-208-000 Waste management $12,330.78 Curbside Service-February 57885-201-000 Johnson Litho Graphics $710.00 Recycling Booklets 53635-912-000

Division Totals Planning 1,936.53 Resurvey 24,998.00 Emergency Management - Land Conservation 12,299.41 Recycling 87,707.01 Total $ 126,940.95

114

Members Present: Gary Gibson, Jim Dunning, Joe Knight, Robin Leary, Choose an item. Members Absent: Nancy Coffey, Choose an item. Staff Present: Jared Grande, Rod Eslinger

1. Call to Order Chairperson Gibson called the meeting to order at 7:00 p.m.

2. Confirmation of Compliance with Open Meetings Law Chairperson Gibson confirmed compliance with the Open Meeting Law.

3. Public Input Session James Boulter, Jim Schumacher, Karissa Red Bear, Jeremy Gragert spoke in favor of resolution 19- 20/003

4. Public Hearings a. Proposed Ordinance: File No. 18-19/105 “Amending the 1982 Zoning District Boundary Map for the Town of Washington” (Welke) / Discussion – Action Rod Eslinger, Director of Planning and Development for Eau Claire County, presented the staff report for the rezoning petition. He stated that the site is in NE ¼ of SW ¼ and NW ¼ of SE ¼ of Section 34, T27N-R8W, Town of Washington. Mr. Eslinger reviewed the site conditions with the committee and stated that the request is to rezone 20 acres from the AP district to the A3 district and approximately 6 acres to the A2 district. The intent of the rezoning would one of the applicant’s children to build a new single-family home on the 6- acre lot. He further reviewed the slopes and soils conditions of the property. This property is mostly cultivated. The Town reviewed this request at their town board meeting on March 21, 2019, and recommended approval of the request. He concluded with a synopsis of the County and Town’s comprehensive plan policies that apply to the request, and recommended approval of the request as submitted based on the findings outlined in the staff report.

Jeff Welke, owner of the property, spoke in favor of the request and explained that the second lot would allow one of their children to build a single-family home on it.

No one else spoke in favor or against the request.

Action: Motion by Robin Leary to approved file 18-19/105 as presented. Motion carried, 4-0- 0.

b. Proposed Ordinance: File No. 18-19/116 “Amending the 1982 Zoning District Boundary Map for the Town of Brunswick” (American Express) / Discussion – Action Jared Grande, Land Use Manager for Eau Claire County, introduced the presented the staff report for the nonmetallic mining overlay rezoning petition. He reviewed the site plans and

115 aerials. Mr. Grande also reviewed the standards for rezoning into the nonmetallic mining overlay district.

Arvid Jerzek, owner of American Express Transportation LLC., and the applicant, spoke in favor of the request. He clarified that Cooley Lake, lying south of the bike trial, would still be available to the public after the site has been reclaimed.

Matt Appel, an engineer with AEC, reviewed the proposed phases with the committee. He explained that the mining will be 1-foot above the water for the next 10 years. After that he and the applicant understand that DNR permits will be necessary to mine into the water. Mr. Appel stated that the overlay district makes more sense to apply to all the parcels for the purposes of future permitting needs by the County, DNR, and US Army Corps of Engineers.

Darryl Denhke and Richard Branter, spoke in favor of the request.

Glory Adams, neutral on the request, but stated that a hydrogeologist should test the existing wells in the areas, that assurances need to be place to ensure proper reclamation of the site, require truck traffic in and out of the mine to stop, she question further about whether or not the DOT would require turn lanes off of STH 85, and wanted to make sure there wasn’t any impacts on the Chippewa River.

Eric Nibble, representing his father who lives adjacent to Cooley Lake. His concerns are with the dredging Cooley Lake, which is a former Oxbow of the Chippewa River. He asked the committee to consider impacts that mining may have on his dad’s well and impacts the mining may have on the property values. He also noted an issue with the lack of access to Cooley Lake and didn’t want the wetlands to be dredged or mined.

Mr. Grande indicated that staff received written correspondence from Barbie and Dan Dugan opposing the application.

No one else spoke in favor or against the request.

Action: Motion by Jim Dunning to approved file 18-19/116 as presented. Motion carried, 4- 0-0 c. Proposed Ordinance: File No. 18-19/120 “Amending the 1982 Zoning District Boundary Map for the Town of Union” (Haas) / Discussion – Action Mr. Eslinger gave a brief overview of the application and indicated that the Town of Union Plan Commission and Town Board still needs to review the application at their respective meetings. He recommended that the committee postpone their action to allow the town to hold their respective meetings.

Action: Motion by Jim Dunning to postpone file 18-19/120 to April 23, 2019 Committee on Planning and Development meeting to allow the Town of Union Plan Commission and Town Board to meet. Motion carried, 4-0-0

116 5. A Subdivision Variance request to exceed the depth to width ratio of 4:1 in Section 36, T25N-R09W Town of Pleasant Valley / Discussion – Action Mr. Grande presented the staff report and materials with the committee and explained why the application was made to the County.

Action: Motion by Robin Leary to approved as presented. Motion carried, 4-0-0

6. Resolution to establish goals of 100% Renewable Energy and Carbon Neutrality by the year 2050 for Eau Claire County and to amend the budget to move $10,000 from contingency for initial planning / Discussion-Action Supervisor Dunning presented the resolution to the committee and gave background on the global warming issues. He explained the financial commitment and gave some oversight on the next steps in the process. He answered questions from the committee.

Action: Motion by Robin Leary to approved as presented. Motion carried, 4-0-0

7. Eau Claire County Title 18 Comprehensive Zoning Update by consultant (MSA Professional Services) – Discussion Jason Valerius, AICP of MSA Professional Services, gave an update to the committee on the assessment of the ordinance to date and reviewed the code analysis summary with the committee. A general discussion was held between Mr. Valerius, staff, and the committee.

8. Review of February bills / Discussion The committee reviewed the bills as presented.

9. Review/Approval of February 26, 2019 Meeting Minutes / Discussion – Action Click or tap here to enter text. Action: Motion by Joe Knight to approve the minutes as submitted. Motion carried, 4-0-0.

10. Proposed Future Agenda Items / Discussion a. Next scheduled meeting – April 23, 2019 Click or tap here to enter text.

11. Adjourn

Action: Meeting adjourned by unanimous consent at 9:33 p.m.

Respectfully submitted,

Rodney Eslinger Clerk, Committee on Planning & Development

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