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 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 November 7, 2017

 
 
Meeting called to order at 6:30 pm.
Present:
Chairperson Joseph Helm; Paul Tadda; Anthony Ash; Tim Newman; Chris Rolenc; Paul Broesch
Absent:
Nate Amack
Staff Present:
Director of Community Development Matt Carran; Planner Gabe Gilbertson
             
CALL TO ORDER
             
ROLL CALL
             
APPROVAL OF MINUTES
             
Approval of the minutes of the October 3, 2017 meeting.
  Motion by Chris Rolenc, second by Anthony Ash to approve the minutes of the October 3, 2017 Plan Commission meeting subject to removing the duplicative motion by Tim Newman from the Badger Drive Comprehensive Plan Amendment item, as this motion related to the next item on the agenda, which was properly noted in the minutes.
  Vote: 6 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to amend the agenda to move the second public hearing regarding the request of Wireless Planning to construct a wireless communications facility on the property located at N96W15885 County Line Road directly after the public hearing regarding the request of Wireless Planning to construct a wireless communications facility on the property located at W140N7501 Lilly Road.
  Vote: 6 - 0 Motion Carried
             

PUBLIC HEARINGS
             
Public hearing on a recommendation to the Village Board on the request of WIRELESS PLANNING to obtain a Conditional Use Permit allowing a wireless communications facility on the property owned by THE VILLAGE OF MENOMONEE FALLS located at W140N7501 Lilly Road, in the Southeast 1/4 of Section 14, Tax Key Number 56.996.001, R-2 Single Family Residential Zoning District.
  Staff introduced the item and stated the Village received letters and/or emails in opposition of the request from the following people:
  • John and Barbara Arata, W143N7552 Circle Court
  • Attorney James J. Carrig, of Niebler, Pyzyk, Carrig, Jelenchick & Hanley LLP.
  • Richard and Carol Doebler, W145N7560 Northwood Drive
  • Christie, Kyle, Brynn & Brady Johnson, W145N7494 Northwood Drive
  • Bill Cappaert, W141N7548 Lari Lou Court
  • Sandra Cappaert, W141N7548 Lari Lou Court
  • Robert J Brust, W141N7558 Lari Lou Court (2 letters)
  • Penelope Waggoner, W140N7616 Lilly Road
  • Steve Raymonds, N76W13657 Upper Circle
  • Mary M. Sherman, N74W13737 Appleton Avenue Unit 314
  • Rebecca Kempen, W143N7562 Circle Court
  • Guy W. Smith, W140N7668 Lilly Road

Staff also received 401 postcards from people opposed to residential cell towers. Copies of these letters and the postcard are attached to the minutes.

Jim Weinmann of Wireless Planning, N64 W12883 Daylily Court, Menomonee Falls, WI 53051 was present to explain the request.
 
The following people asked to be heard:

Penelope Waggoner, W140N7616 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition, presented a petition opposed to the request signed by 656 people (copy attached to minutes).
Rebecca Kempen, W143N7562 Circle Court, Menomonee Falls, WI 53051 spoke in opposition.
Robert Schlosser, W140N7948 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition.
Coleen Bisgard, W151N7677 Wood View Drive, Menomonee Falls WI 53051 spoke in favor.
Rosemarie Clancy, N81W13286 Fairway Court, Menomonee Falls, WI 53051 spoke in opposition.
William Cappaert, W141N7548 Larry Lou Court, Menomonee Falls, WI  53051 spoke in opposition.
Tom Ogreenc, W140N7527 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition.
Louis Sell, W143N7561 Circle Court, Menomonee Falls, WI 53051 spoke in opposition.
Janet Sherwin, N76W14336 North Point Drive, Menomonee Falls, WI 53051 spoke in opposition.
Scott Kempen, W143N7562 Circle Court, Menomonee Falls, WI 53051 spoke in opposition.
Carol Doebler, W145N7560 Northwood Drive, Menomonee Falls, WI 53051 spoke in opposition.
Vicki Brushaber, N76W14335 North Point Drive, Menomonee Falls, WI 53051 spoke in opposition.
Christie Johnson, W145N7494 Northwood Drive, Menomonee Falls, WI 53051 spoke in opposition.
Kyle Johnson, W145N7494 Northwood Drive, Menomonee Falls, WI 53051 spoke in opposition.
Pam Polyak, N76W14528 North Point Court, Menomonee Falls, WI 53051 spoke in favor.
Barbara Arata, W143N7552 Circle Court, Menomonee Falls, WI 53051 spoke in opposition.
 
No one else asked to be heard.
 
Public hearing closed at 7:22 PM.
 

Public hearing on a recommendation to the Village Board on the request of WIRELESS PLANNING to obtain a Conditional Use Permit allowing a wireless communications facility on the property owned by THE VILLAGE OF MENOMONEE FALLS located at N96W15885 County Line Road, in the Northeast 1/4 of Section 3, Tax Key Number 9.998.001, R-2 Single Family Residential Zoning District.

The following asked to be heard:
Carol Doebler, W145N7560 Northwood Drive, Menomonee Falls, WI 53051 spoke in opposition.
Scott Kempen, W143N7562 Circle Court, Menomonee Falls, WI 53051spoke in opposition.
Penelope Waggoner, W140N7616 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition.


No one else asked to be heard.
 
Public hearing closed at 7:25 PM.

Seven of the 13 letters and emails entered into the record with the last item, and the 401 postcards from people opposed to residential cell towers, are generally opposed to wireless facilities in residential areas.  As such, the following 7 letters (also noted with the previous item), and a copy the postcard (also noted with the previous item), are entered into the record, and attached to the minutes regarding this item:
  • Attorney James J. Carrig, of Niebler, Pyzyk, Carrig, Jelenchick & Hanley LLP.
  • Robert J Brust, W141N7558 Lari Lou Court (2 letters)
  • Penelope Waggoner, W140N7616 Lilly Road
  • Steve Raymonds, N76W13657 Upper Circle
  • Rebecca Kempen, W143N7562 Circle Court
  • Guy W. Smith, W140N7668 Lilly Road

Jim Weiner of Wireless Planning, N64 W12883 Daylily Court, Menomonee Falls, WI 53051 addressed the Plan Commission’s questions and concerns.
             

Consideration of a recommendation to the Village Board on the request of WIRELESS PLANNING to obtain a Conditional Use Permit allowing a wireless communications facility on the property owned by THE VILLAGE OF MENOMONEE FALLS located at W140N7501 Lilly Road, in the Southeast 1/4 of Section 14, Tax Key Number 56.996.001, R-2 Single Family Residential Zoning District.
  Motion by Tim Newman, second by Anthony Ash to recommend the Village Board grant a Conditional Use Permit allowing a wireless communications facility subject to the following bulleted items being resolved prior to the issuance of a Zoning Permit and the numbered conditions running with the conditional use permit:
  • The applicant shall provide a bond naming the Village as beneficiary in the amount of $40,000 to remove the antenna, antenna support structures, facilities, buildings, fences and driveways, and restore the site, as near as practicable.
  • The applicant shall provide a contact name, phone number and email of a person who is, and will be, responsible for the continued maintenance of the site.
  • The applicant shall submit a structural report verifying the proposed monopole tower will be constructed to a standard that permits the co-location of a minimum of three telecommunication companies’ facilities on the tower.
  1. This Permit shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building or Occupancy and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the conditional use was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition for this Permit.
  5. The conditional use and structure are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. The site and landscaping shall be completed in strict conformity to the plans approved by the Architectural Control Board.  Any deviation in color, material, equipment, or architectural detail shall be returned to the Architectural Control Board for re-approval.
  7. There shall be no outside storage of new or used equipment, materials, or other merchandise.
  8. All telecommunication equipment shall be removed from the site within 60 days of use termination.
  9. The Village of Menomonee Falls shall have the authority to remove any telecommunication equipment that ceases to be used for a period of 90 consecutive days.
  10. No wires shall be attached to the exterior of the monopole.
  11. No form of advertising shall be allowed on the antenna, antenna structure, base, water tower, framework or other buildings associate with this use.
  12. All cable between the equipment cabinets and telecommunication tower shall be installed underground.
  13. United States Cellular Operating Company LLC will accept other telecommunications providers to co-locate on the monopole; and will agree to arbitration in the event of disputes regarding co-location fees.
  14. The conditional use permit shall terminate if the lease between United States Cellular Operating Company LLC and the Village terminates; however, should a tower owner purchase the property where the tower is located or enter into a perpetual easement or other agreement with the landowner for the continued operation of the tower, the conditional use permit will remain in place.
  Vote: 5 - 1 Motion Carried
 
Nay: Paul Tadda
 
Consideration of a recommendation to the Village Board on the request of WIRELESS PLANNING to obtain a Conditional Use Permit allowing a wireless communications facility on the property owned by THE VILLAGE OF MENOMONEE FALLS located at N96W15885 County Line Road, in the Northeast 1/4 of Section 3, Tax Key Number 9.998.001, R-2 Single Family Residential Zoning District.
  Motion by Tim Newman, second by Anthony Ash to recommend the Village Board grant a Conditional Use Permit allowing a wireless communications facility subject to the following bulleted items being resolved prior to the issuance of a Building Permit and the numbered conditions running with the conditional use permit:
  • The applicant shall provide a bond naming the Village as beneficiary in the amount of $40,000 to remove the antenna, antenna support structures, facilities, buildings, fences and driveways, and restore the site, as near as practicable.
  • The applicant shall provide a contact name, phone number and email of a person who is, and will be, responsible for the continued maintenance of the site.
  • The applicant shall submit a structural report verifying the fact that the proposed monopole is constructed to a standard that permits the co-location of a minimum of three telecommunication companies’ facilities on the tower.
  • The applicant shall submit a revised site plan that shows the transformer inside the fenced area, and pavers utilized for the access drive instead of gravel.
  1. This Permit shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building or Occupancy and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the conditional use was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition for this Permit.
  5. The conditional use and structure are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. The site, fencing and landscaping shall be completed in strict conformity to the plans approved by the Architectural Control Board.  Any deviation in color, material, equipment, or architectural detail shall be returned to the Architectural Control Board for re-approval.
  7. There shall be no outside storage of new or used equipment, materials, or other merchandise.
  8. All telecommunication equipment shall be removed from the site within 60 days of use termination.
  9. The Village of Menomonee Falls shall have the authority to remove any telecommunication equipment that ceases to be used for a period of 90 consecutive days.
  10. No wires shall be attached to the exterior of the monopole.
  11. No form of advertising shall be allowed on the antenna, antenna structure, base, water tower, framework or other buildings associate with this use.
  12. All cable between the equipment cabinets and telecommunication tower shall be installed underground.
  13. United States Cellular Operating Company LLC will accept other telecommunications providers to co-locate on the monopole; and will agree to arbitration in the event of disputes regarding co-location fees.
  14. The conditional use permit shall terminate if the lease between United States Cellular Operating Company LLC and the Village terminates; however, should a tower owner purchase the property where the tower is located or enter into a perpetual easement or other agreement with the landowner for the continued operation of the tower, the conditional use permit will remain in place.
  Vote: 6 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board of Trustees on the request of ROUNDY’S SUPERMARKET INC to amend Conditional Use Permit No. 8-14-09 allowing a fueling station component to the existing Pick N Save store located at N77 W14435 Appleton Avenue, in the Northeast 1/4 of Section 14, Tax Key Number 53.001, C-4 Suburban Retail Business District.
  The following asked to be heard:
Janet Sherwin, N76 W14336 North Point Drive, Menomonee Falls, WI 53051 spoke in opposition.
John Selino, North Pointe Plaza, N78 W14555 Appleton Avenue, Menomonee Falls, WI 53051.  
Pam Polyak, N76 W14528 North Point Court, Menomonee Falls, WI 53051 spoke in favor.
 
No one else asked to be heard.
 
Public hearing closed at 8:02 PM.

Dan Ferrel of Roundy’s Supermarkets, Inc., 875 East Wisconsin Avenue, Milwaukee, WI, 53202 addressed the Plan Commission.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board amend Conditional Use Permit No. 8-14-09 allowing a fueling station on the referenced property subject to the Village Board approving the rezoning, the applicant complying with all staff comments listed in the staff report, and the following conditions:
 
  1. This Permit shall become effective upon the execution and recording by Village of Menomonee Falls of an acceptance hereof in such form as to constitute an effective covenant on the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the Conditional Use Permit was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition for this Permit.
  5. The conditional use and structure are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. The facility is allowed to be open 24 hours a day, however deliveries shall be prohibited between the hours of 10:00 P.M. and 6:00 A.M.
  7. Garbage pick-up shall be prohibited between the hours of 7:00 P.M. and 8:00 A.M.
  8. There shall be no idling of delivery trucks on the property and proper signage shall be provided on the property notifying drivers of this regulation.
  9. Areas not used for parking or drives shall be landscaped according to the plan approved by the Architectural Control Board and shall be neatly maintained at all times.
  10. Outside storage shall be prohibited except for seasonal outdoor displays, neatly maintained and placed under the canopies in front of the main building, and an ice machine, soda machines, and the auto/snack cabinet under the fueling canopy.
  11. Charity cookouts shall be allowed as long as the area being utilized for such event is outside of the parking and drive aisles.
  12. Signs shall be placed on the property prohibiting loitering and unauthorized parking of vehicles.
  13. Pick N Save employees shall pick up garbage and blowing debris on the site and abutting right of ways on a daily basis.
  14. All shopping carts shall be picked up a minimum of five (5) times a day.
  15. All shopping carts shall be stored inside the building.
  16. All delivery vehicles shall access the site via Appleton Avenue.
  17. Snow shall not be stored in a manner that adversely impacts abutting properties.
  18. The foregoing conditions shall supersede and replace all conditions placed on the property under Conditional Use Permit No. 6-14-00 granted on May 15, 2000 and recorded as Document No. 2570517, Images 000560-000566; Conditional Use Permit No. 6-14-00-A granted on April 2, 2001; Conditional Use Permit No. 6-14-00-B granted on March 20, 2006; and Conditional Use Permit No. 6-14-2000-C granted on June 5, 2006.
 

Under discussion, the following amendment was made:
Motion by Newman, second by Rolenc to amend Condition No. 18 to read:
 
18. The foregoing conditions shall supersede and replace all conditions placed on the property under Conditional Use Permit No. 6-14-00 granted on May 15, 2000 and recorded as Document No. 2570517, Images 000560-000566; Conditional Use Permit No. 6-14-00-A granted on April 2, 2001; Conditional Use Permit No. 6-14-00-B granted on March 20, 2006; and Conditional Use Permit No. 6-14-2000-C granted on June 5, 2006, and Conditional Use Permit 8-14-09 granted on December 7, 2009.
  Vote: 6 - 0 Motion Carried
             

APPEARANCES
             
Consideration of a recommendation to the Village Board of Trustees on the request of ROUNDY’S SUPERMARKET INC. to rezone land located at N77W14435 Appleton Avenue from the C-4 Suburban Retail Business District to the C-4 Suburban Retail Business District with the OC-5 Commercial Service Overlay District. The subject land is located in the Northeast 1/4 of Section 14 and identified by Tax Key Number 53.001.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board deny the requested rezoning due to the proposed location of the fueling station, the impact on the traffic patterns within the development, and general aesthetics of the fueling station along Appleton Avenue.
  Vote: 6 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board of Trustees on the request of ADAM AND ELIZABETH KELLER c/o KELLER FAMILY REVOCABLE TRUST to rezone land located at the southwest corner of Mill Road and Lannon Road, from the A-1 Agricultural to the A-2 Agricultural/Urban Fringe District. The subject parcel is located in the Northeast ¼ of Section 30, and identified by Tax Key Number 117.999.
  Motion by Tim Newman, second by Anthony Ash to recommend the Village Board approve the rezoning of Lot 2 of Certified Survey Map No. 4797 from the A-1 Agricultural Zoning District to the A-2 Agricultural/Urban Fringe Zoning District.
  Vote: 6 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board of Trustees regarding the Final Plat for the BROOKDALE ESTATES Subdivision located on the northeast corner of Pilgrim Road and Lisbon Road in the Southwest ¼ of Section 35, Tax Key Numbers 139.993, 139.994, and 139.995, PRD Planned Residential District, Shoreland - Wetland District, and FF Floodfringe District.
  Carl Tomich of Westridge Builders, N8 W22520 Johnson Drive, Suite L, Waukesha, WI 53186 was present to discuss the project.
  Motion by Tim Newman, second by Chris Rolenc to modify the date to pave the asphalt path along Pilgrim and Lisbon Roads, and the Pilgrim Road pedestrian crossing, from October 1, 2108 to October 1, 2018.
  Vote: 6 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to change the street name Lilac Road to Trillium Road and Magnolia Drive to Wisteria Way.
  Vote: 6 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the Final Plat of Brookdale Estates subject to the following conditions:
1.  A 30' Public Storm Sewer Easement shall be placed over the box culvert and wingwalls in Outlot 2 & Outlot 4.
2.  20' Public Storm Sewer Easements shall be placed over all storm sewer discharging to the detention ponds in Outlot 2 & Outlot 4.
3.  A 20' Public Storm Sewer Easement shall be placed over the storm sewer in Outlot 6.
4.  A 20' Public Storm Sewer Easement shall be placed over the storm sewer between Lots 52 & 53.
5.  The Public Storm Sewer and Drainage Easements between Lots 19 & 20 and between Lots 21 & 22 shall be labeled on Sheet 3.
6.  A public easement shall be provided for the metering manhole control cabinet and conduit on Lot 24.
7.  A public multi-use path easement shall be placed over the asphalt path along the rear of Lots 24-32.
8.  A 20' Private Drainage Easement shall be provided over the backyard swale and wetland through Lot 1.
9.  A 20' Private Drainage Easement shall be provided over the rear yard swale through Lots 2-6.
10.  A 20' Private Drainage Easement shall be provided over the rear yard swale through Lots 31-32.
11.  A 20' Private Drainage Easement shall be provided over the rear yard swale through Lots 35-36.
12.  A Private Drainage Easement shall be provided over the rear yard swale through Lots 38-39.
13.  A 20' Private Drainage Easement shall be provided over the rear yard swale through Lots 41-42.
14.  A 20' Private Drainage Easement shall be provided over the rear yard swale through Lots 50-51.
15.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 56 & 64.
16.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 58 & 60.
17.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 58 & 63.
18.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 66 & 75.
19.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 68-69 & 74.
20.  A 20' Private Drainage Easement shall be provided over the rear yard swale along Lots 70-71 & 73.
21.  Private Drainage Easements shall be designated with a circled “A”.
22. The following note shall be added to the plat: “Private Drainage Easements are established to provide for the unobstructed flow of storm water runoff from adjacent and upstream properties. Owners of lots on which these private drainage easements exist shall be responsible for keeping these areas free of any obstructions that may restrict or block this flow. These Private Drainage Easements are marked “A” “.
23.  All Public Easements shall be designated with a circled “B” with the type of each easement labeled on the plat.
24.  Add a note that “All easements marked “B” are public easements granted to the Village of Menomonee Falls”.
25.  Metes and bounds legal descriptions and exhibits shall be provided for all public easements.  Easement documents in Village format are to be recorded with the final plat.
26.  A copy of the recorded final plat on mylar and digital (.pdf) format shall be provided to the Village prior to the issuance of building permits.
27.  The following items in the development are required to be completed prior to the issuance of building permits:
  • Complete installation of sanitary sewer, storm sewer, and water main; completion of punch list items; all tests for sanitary sewer, manholes, and water main passed and the safe water sample obtained.
  • Sanitary sewer, storm sewer and water main as-builts shall be completed by the developer’s engineer and received by the Village.
  • Complete installation of concrete curb & gutter and binder course of asphalt pavement.
  • Complete installation of internal sidewalks.  The asphalt path along Pilgrim and Lisbon Roads, and the Pilgrim Road pedestrian crossing, shall be installed by October 1, 2018.
  • Certification and acceptance of grading for conformance with approved master grading plan:
    • As-built grades on lot lines and lot corners shall be within 0.25 ft. of the final grades shown on the approved master grading plan. The as-built grading plan shall show spot elevations along the side lot lines at the top of curb, front lot corners, front setback, back of building pad extended, any high points and grade breaks, and rear lot corners.
    • All drainage easements shall be fine graded to within 0.25 ft. of the final grades shown on the approved master grading plan and provide positive drainage. As-built grades of the swales shall be shown every 25 feet with the spot elevations taken at the flowline of the swale and 10 feet on either side of the flowline.
    • Building pad grades shall be between 0.0 ft. and 2.0 ft. lower than the final grades shown on the approved master grading plan. As-built grades are to be shown at the front and back of each building pad.
    • Stormwater detention ponds shall be certified and as-built. Elevations shall be taken at cross sections not exceeding 25 feet from top to bottom of the pond banks and embankments, top and bottom of safety shelf, inlet and outlet pipe inverts, outlet structure and emergency spillway.
    • All final grading must be within the above tolerance and provide positive drainage. Any areas not within tolerance or found to have insufficient drainage shall be regraded.
  • All municipal easements shall be recorded with Waukesha County Register of Deeds.
  • All property lot corner pipes, perimeter pipes, and horizontal curve pipe shall be set by developer’s surveyor.
  • All disturbed areas shall be restored with topsoil, seed, fertilizer and mulch in accordance to Village erosion control ordinance and specifications.
  • All swales in drainage easements are to fine graded and stabilized with topsoil, seed, fertilizer and erosion control blanket per Village specifications. Drainage easements are to be maintained by the developer until stabilized with grass.
  • All erosion control measures as shown on the approved erosion control plan shall be in place and in properly functioning condition.

28.  A 10-foot wide public access easement shall be centered between lots 13 and 14 providing access from Orchid Circle to the Willowood Community Forest.
29.  The 100-year floodplain shall be identified using FEMA maps and refer to map number 55133C0226G as a reference, with an adopted date of 11/05/2014.
30.  The flood elevation at the north portion of the site shall read 774.5 and 774.1 where the floodplain meets Lisbon Road.
31.  Lilac Road shall be renamed Trillium Trail and Magnolia Drive shall be renamed Wisteria Way.
32.  All five structures and the garden located near the north boundary of the subdivision shall be removed prior to the issuance of any building permits on the subject lots.
33.  All structures encroaching into the north boundary of the subdivision shall be labeled “to be removed prior to the issuance of a building permit.” 
34.  Page 3 of the Plat states the public easements (including the one on Lot 42) are labeled as “©” although they do not match the description on page 2.  Also on page 3, the easements between Lots 21 and 22 and between Lots 19 and 20 are not labeled as (C) nor are they defined.  On Lot 24, the landscape easement is defined, but not labeled with the letter “D”.  These easements need to be properly identified and described on the plat.
35.  The location of the multi-use trail along Lisbon Road shall be shown on the Final Plat
36.  The Primary Environmental Corridor boundary shall be identified on the face of the Plat, in addition to the source and date of the delineation.
37.  References to the Primary Environmental Corridor shall be added to the Preservation Restrictions noted on Sheet 1.
38.  All comments of the Waukesha County Department of Public Works shall be complied with. Please refer to the attached letters dated September 14, 2017 specific to C.T.H. “K” and C.T.H. “YY.” Specifically, the plat shall be revised to show the additional 17 feet of right of way is “dedicated to the public for highway purposes.”
39.  An informal submittal with the above changes highlighted shall be submitted to Waukesha County Planning and Zoning prior to receiving final signatures for recordation.
40.  1.27” x 18” iron rebar monuments (or permitted equivalents) are required and the corresponding symbols must be shown at the SE corner of Outlot 2 and at both ends of the 6.58’ course along the south line of Lot 42.
41.  The ratio of latitude and departure misclosure of lot 41 is greater than 1/3000’. Adjustments must be made to this parcel. Please verify the parcel areas after adjustments are made.
42.  The north subdivision boundary must be marked “recorded as N 88°55’ E”.
43.  The block length from the SE corner of Outlot 2 to the south PC of curve 32 must be shown.
44.  The 17.01’ length of the east line of the portion of CTH “K” being dedicated with the plat must be shown.
45.  The block length from the south PC of curve 31 to the angle point of the south line of Lot 28 must be shown along the south line of Lots 25-28.
46.  Curve 27 outlot 3 must be shown as outlot 4, and curve 33 lot 27 must be shown as lot 25 in the curve table.
47.  The CTH “K” / Lisbon Road street name must be shown in the portion of right-of-way being dedicated to the public with the plat.
48.  Streets on sheet 3 (including the portion of CTH K being dedicated) must be marked “dedicated to the public”.
49.  Reference to “dedicated” should be removed from the Surveyor’s certificate (the Owner dedicates lands with the plat).
50.  Revision dates shall be shown on each Sheet of your revised drawing.
  Vote: 6 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board of Trustees regarding the Final Plat for the SILVER SPRING ESTATES PHASE 4 Subdivision located on the east side of Town Line Road, South of the Union Pacific Railroad Tracks, in the Northwest ¼ of Section 30, Part of Tax Key Number 118.997.003, PRD Planned Residential District.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the Final Plat of Silver Spring Estates Phase 4, subject to the following conditions:
  1. The Stormwater Management Maintenance Agreement must include wording that states no structures or trees shall be planted in stormwater easements.
  2. The developer shall install a sidewalk on the South side of Legacy Trail.
  3. Adding the following note to the Final Plat: “All electric, telephone, and communication distribution lines and laterals including CATV cables, constructed after the recording of this Subdivision shall be placed underground.”
  Vote: 6 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board on the request of BARRE DISTRICT – MENOMONEE FALLS to obtain a Conditional Use Permit allowing an indoor fitness facility at the WOODLANDS MARKETPLACE multitenant commercial building owned by WEAS DEVELOPMENT/WOODLANDS RETAIL, LLC located at N72 W13350 Lund Lane.  The subject site is further identified by Tax Key Number 51.944.008, in the Southwest ¼ of Section 13, Planned Development District (PDD) No. 1 Zoning District.
  Motion by Tim Newman, second by Chris Rolenc to waive the requirement of a public hearing.
  Vote: 6 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board approve the referenced Conditional Use Permit subject to the following conditions running with the Conditional Use Permit:
 
  1. This Permit shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant running with the land.
  2. This Permit shall be void unless, pursuant to the Zoning Code of the Village, Building and Zoning Use Permits in conformity to this Permit, are obtained within six (6) months of the date hereon, the date on which the Conditional Use Permit was granted.
  3. This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
  4. Construction and operation of the use granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition for this Permit.
  5. The conditional use and structure are in accordance with the purpose and intent of this Ordinance, and is found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
  6. All site, building and landscaping shall be completed in strict conformity to the plans approved by the Architectural Control Board.  Any deviation in color, material, landscaping, or architectural detail shall be returned to the Architectural Control Board for re-approval.
  7. The establishment’s hours of operation shall be between 5:00 AM and 10:00 PM.
  Vote: 6 - 0 Motion Carried
             

Consideration of preliminary and final approval of a Certified Survey Map dividing lands owned by HOUSE 10, LLC, located on the southwest corner of Old Orchard Road and Main Street,  in the Northwest 1/4 of Section 12, Tax Key Number 45.996.006, I-3 Office and Light Industrial District.
  Motion by Tim Newman, second by Chris Rolenc to grant preliminary and final approval of the Land Division and recommend the Village Board of Trustees approve the Certified Survey Map subject to the following conditions:
 

1.  Revision of the legal description to include the section number and aligning with the language recorded by Waukesha County.
2.  Revision of the vicinity map to include the accurate location of the subject parcel relative to the entirety of section 12.
3.  Removing the Menomonee Falls Village Board Approval Resolution and replacing it with the following signature lines:

VILLAGE OF MENOMONEE FALLS PLAN COMMISSION APPROVAL
 
Preliminary Approval   _____________    ________________________
Matthew A. Carran
Plan Commission Secretary
Final Approval             _____________    ________________________
Matthew A. Carran
Plan Commission Secretary
 

4.  Adding a statement regarding the burying of cables to the front page of the Certified Survey Map.
5.  Adding a signature, date, and seal to the surveyor’s certificate.
6.  Addition of the central angle and tangent bearing of the two curves shown in the Certified Survey Map.
7.  Revision of bearing descriptions to ensure consistency.
8.  Consideration of all Community Development Department comments contained on pages 1, 2 and 3 of the November 7, 2017 Plan Commission Staff Report.
9.  Consideration of both Engineering Department comments contained on page 3 of the November 7, 2017 Plan Commission Staff Report.
10.  The existing 8 inch water service stub located under the proposed northerly driveway shall not be abandoned.
  Vote: 6 - 0 Motion Carried
             

Consideration of final approval of a Land Division dividing lands owned by GRACE EVANGELICAL LUTHERAN CHURCH, and a recommendation to the Village Board of Trustees approving the Certified Survey Map located on the south side of County Line Road, approximately 2,000 feet west of Maple Road.  The Certified Survey Map is located in the Northeast ¼ of Section 5, Tax Key Number 18.999.005, P-2 Institutional District.
  Motion by Tim Newman, second by Chris Rolenc to modify Condition No. 1 to read:
  1. Including the elevation of the 100-year flood plain from the FEMA FIRM maps on the Certified Survey Map.
  Vote: 6 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to grant final approval of the Land Division and recommend the Village Board of Trustees approve the Certified Survey Map subject to the following conditions:
  1. Including the elevation of the 100-year flood plain from the FEMA FIRM maps on the Certified Survey Map.
  2. Properly identifying the wetlands and the wetland tables on the Certified Survey Map.
  3. Properly identifying the easements and labeling the easement tables on the Certified Survey Map.
  4. Placing the curve information into a curve table on the Certified Survey Map.
  5. Identifying all individual adjoining lots and the metes and bounds on the Certified Survey Map.
  6. Each page of the Certified Survey Map will need to be stamped, signed, and dated.
  7. All placed and found monuments need to be clearly shown and differentiated on the Certified Survey Map.
  8. A detail page or exhibit for Cross View Way needs to be included with the Certified Survey Map.
  9. Extending and properly labeling the proposed utility easements to the easternmost property line on the Certified Survey Map.
  10. Correcting the legal description of the Certified Survey Map to include the curve segment on the cul de sac, correcting the chord length for that segment, and correcting the square footage for the lots.
  11. Including adjacent roads in the subdivision to the west and including the right angle widths of adjacent roads on the Certified Survey Map.
  Vote: 6 - 0 Motion Carried
             

Consideration of preliminary and final approval of a Land Division dividing lands generally located at the southeast corner of Belleview Boulevard and Patton Drive; and a recommendation to the Village Board of Trustees approving the Certified Survey Map for lands located in the Northeast ¼ of Section 10, and identified by Tax Key Number 37.030.
  Motion by Tim Newman, second by Chris Rolenc to grant preliminary and final approval of the Land Division and recommend the Village Board of Trustees approve the Certified Survey Map subject to the following conditions:

1.  The vacation of right-of-way located at the intersection of Menomonee River Parkway and Patton Drive prior to the Certified Survey Map being recorded.
2.  The subject lands being rezoned from the P-1 Parks and Open Space Zoning District to the R-3 Single-Family Residential Zoning District.
3.  Revision of the legal description to state that Lots 1, 2, and 3 are in Block 5.
4.  The name and address of the property owner (Village of Menomonee Falls) must be added to the first page of the Certified Survey Map.
5.  Adding the following signature lines to the Certified Survey Map:

VILLAGE OF MENOMONEE FALLS PLAN COMMISSION APPROVAL
 
Preliminary Approval   _____________          ______________________
Matthew A. Carran
Plan Commission Secretary
 
Final Approval          _____________            ______________________
Matthew A. Carran
Plan Commission Secretary

6.  Adding all structures on adjoining properties that are within 20 feet of the lot line.
7.  Adding the square footage and acreage of each of the two dedicated portions (labeled “D”) on the certified survey map.
8.  Adding the following note to the first page of the Certified Survey Map:
“All electric, telephone, and communication distribution lines and laterals including CATV cables constructed after the recording of this Certified Survey Map shall be placed underground.”
  Vote: 6 - 0 Motion Carried
             

Consideration of preliminary and final approval of a Land Division dividing lands located on the east side of the Willow Wood Park Estates Subdivision, and a recommendation to the Village Board of Trustees approving a Certified Survey Map that would create a new parcel across Badger Drive from Glenmeadow Court, in the Northwest 1/4 of Section 35, Tax Key Number 138.133, R-3 Single Family Residential District, CW-1 Conservancy - Wetlands District and Shoreland - Wetland District.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the Certified Survey Map subject to the following conditions:
 
1.  The Comprehensive Plan is amended to classify Lot 1 of the Certified Survey Map for Low Density Residential Land Uses.
2.  Adding a note to the first page stating that recorded distances, when different than measured distances, are shown in parentheses.
3.  Moving the statement “All electric, telephone, and communication distribution lines…” from the Owner’s Certificate to the first page of the Certified Survey Map.
4.  Adding the following signature lines to the Certified Survey Map:

VILLAGE OF MENOMONEE FALLS PLAN COMMISSION APPROVAL
 
Preliminary Approval   _____________          ______________________
Matthew A. Carran
Plan Commission Secretary
 
Final Approval          _____________            ______________________
Matthew A. Carran
Plan Commission Secretary


5.  The name of the person who drafted each page must be placed at the bottom of each page of the Certified Survey Map.
6.  Adding the following blanks for recording data to the bottom of last page of the Certified Survey Map:
Certified Survey Map No. _________   Document No. ____________
Date _________   Book __________   Pages __________________
  Vote: 6 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board of Trustees regarding the adoption of an Ordinance amending Sections 2, 622, 646, and 687 of Chapter 122 of the Municipal Code pertaining to the unenclosed storage of recreational vehicles.
  Motion by Tim Newman, second by Anthony Ash to recommend a public hearing be held on the proposed ordinance pertaining to the unenclosed storage of recreational vehicles without any action by the Village Board other than to return the item to the Plan Commission for a recommendation.
  Vote: 6 - 0 Motion Carried
             
ADJOURNMENT
  Motion by Anthony Ash, second by Tim Newman to adjourn. Meeting adjourned at 9:37 PM.
  Vote: 6 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on December 5, 2017
   

    

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