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 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 February 7, 2017

 
 
Meeting called to order at 6:30 pm.
Present:
Joseph Helm, Chairperson; Paul Tadda; Tim Newman; Sharon Ellis; Chris Rolenc; Nate Amack
Absent:
Anthony Ash
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 January 3, 2017 meeting.
  Motion by Tim Newman, second by Sharon Ellis to approve the minutes of the January 3, 2017 Plan Commission meeting.
  Vote: 6 - 0 Motion Carried
             

PUBLIC HEARINGS
             
Public hearing on a recommendation to the Village Board on the request of ABDUL HAQ to amend Conditional Use Permit No. 11-3-83-A allowing expanded operations including a U-HAUL DEALERSHIP at the PETRO MART located at N89W16812 Appleton Avenue, in the Southwest ¼ of Section 3, Tax Key Number 11.219, C-2 Community Business and OVC Village Centre Overlay Zoning Districts.
 
The following people asked to be heard:
Mike Manke, N74W16219 Stonewood Drive, Menomonee Falls, WI 53051 spoke in opposition
Jeneva Lehmkuhl, N89W16703 Cleveland Avenue, Menomonee Falls, WI 53051 spoke in opposition
Megan Thompson, N89W16726 Cleveland Avenue, Menomonee Falls, WI 53051 spoke in opposition
Cynthia Psaris, N89W16708 Cleveland Avenue, Menomonee Falls, WI 53051 spoke in opposition


The public hearing was closed at 6:39 P.M.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board amend Conditional Use Permit 11-3-83-A allowing the existing convenience store and gas station to also act as a neighborhood U-Haul dealer subject to all landscaping improvements being installed by June 1, 2017, and all other building and canopy improvements complete by July 1, 2017 – with the following conditions running with the 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 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 shall not open prior to 5:00 AM or close later than 12:00 midnight.
  7. Vehicle storage or display is prohibited on this property, except for a maximum of 4 U-Haul trucks used in a trunk shunting program.
  8. Only trucks smaller than the 15 foot rental truck (22.5 feet in length) shall be rented or parked on the subject site unless it is involved in the fueling process.
  9. Trailer rental, display and or storage is prohibited on this property.
  10. There shall be no outside storage of new or used equipment, materials, or other merchandise except for trucks noted in conditions 7 and 8 above, a propane enclosure, ice cooler, bundled firewood, and garbage dumpster located within a screened area approved by the Architectural Control Board.  At no time shall merchandise be displayed under the gas canopy.
  11. 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.
  12. The building shall be completed in strict conformity to the plans approved by the Architectural Control Board.  Any deviation in color, material, or architectural detail shall be returned to the Architectural Control Board for re-approval.
  Vote: 4 - 2 Motion Carried
 
Nay: Chairperson Joseph Helm
  Chris Rolenc
             

Public hearing on a recommendation to the Village Board of Trustees concerning the request of PILGRIM EVANGELICAL LUTHERAN CHURCH to amend Conditional Use Permit No. 9-34-97 allowing building additions to the PILGRIM LUTHERAN SCHOOL, located at W156 N5429 Bette Drive, in the Northeast 1/4 of Section 34, Tax Key Number 131.180, P-2 Institutional District.
  The following people asked to be heard:
Erik Strommen, N54W15851 Larkspur Lane, Menomonee Falls, WI 53051 raised concerns
John Durst, N54W15769 Larkspur Lane, Menomonee Falls, WI 53051 spoke in opposition
Mary Itzin, N55W15742 Larkspur Lane, Menomonee Falls, WI 53051 spoke in opposition
Sylvia Gilmore, W156N5413 Pilgrim Road, Menomonee Falls, WI 53051 spoke in opposition
Marlene Turicek, N55W15721 Larkspur Lane, Menomonee Falls, WI  53051 spoke in opposition
Kristin McGraw of Groth Design Group, N58 W6181 Columbia Road, Cedarburg, WI 53012 was present to address the Plan Commission
Jim O’Leary of Pilgrim Evangelical Lutheran Church, W156 N5429 Bette Drive, Menomonee Falls, WI 53051 was present to address the Plan Commission


The public hearing was closed at 7:10 P.M.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board amend Conditional Use Permit No. 9-34-97 allowing building additions to Pilgrim Lutheran School, subject to the following bulleted conditions being reconciled prior to the issuance of a building permit, and the numbered conditions running with the Conditional Use Permit:
 
  • Modifying the stormwater plan to the satisfaction of the Village Engineering Department and MMSD.
  • The applicant obtaining a stormwater permit from the Village of Menomonee Falls.
  • Submitting a grading plan, stamped by a qualified engineer, to the satisfaction of the Village Engineering Departments.
  • Submitting a Utility Plan, stamped by a qualified engineer, to the satisfaction of the Village Engineering and Fire Departments.
  • The applicant obtaining an erosion control permit from the Village.
  • The property owner obtaining approval from the Village Department of Public Works for the proposed driveway access.
  • Submitting a plat of survey showing the building additions meet the minimum setback requirements of the Zoning Code, or the setbacks granted by the Zoning Board of Appeals if a variance is granted.
  • Submitting a landscape plan meeting the minimum standards of the Zoning Code.
  • Submitting a lighting plan meeting the minimum standards of the Zoning Code, or obtaining a lighting exception from the Plan Commission.
 
 
  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 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. Hours of operation of the day care facility shall be limited to the hours between 6:30 A.M. and 6:30 P.M., and there be a maximum of 40 children in the day care facility.
  8. There shall be no outside storage of new or used equipment, materials or merchandise.
  9. The School will police the property and pick up debris at least 3 times a week.
  10. The School will cease all playground activities by 7:00 p.m.
  11. A calendar of the School’s “events” is to be given to the neighbors at least annually.
  12. The neighbors shall be given a list of names and telephone numbers of the persons representing the School who will deal with complaints.
  13. The parking and driveway areas shall be asphalt surfaced.
  14. Buildings, signs and landscaping are to be completed in conformance with the plans approved by the Architectural Control Board.
  15. 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.
  16. The foregoing conditions shall supersede and replace all conditions placed on the property under Conditional Use Permit No. 2-34-77 granted April 14, 1977 and recorded as Document No. 1000040, in Reel 0241, as images 421-424 as they apply to Pilgrim Evangelical Lutheran Plat.


Motion – Ellis
To – Suspend Robert’s Rules of Order to allow Sylvia Gilmore of W156 N5413 Pilgrim Road, Menomonee Falls, WI 53051 to address the Plan Commission with additional concerns regarding the Conditional Use Permit. 
Second – Rolenc
Vote – All ayes, motion carried.
 
Ms. Gilmore expressed concerns with the location of the proposed driveway entrance.
  Vote: 6 - 0 Motion Carried
             

APPEARANCES
             
Consideration of a recommendation to the Village Board of Trustees on the request of the BOUCHER GROUP to obtain a Conditional Use Permit allowing auto intensive uses on the property located at N81W12920 Leon Road.  The subject land is located in the Southeast ¼ of Section 12, and identified by Tax Key Number 48.996.007, I-1 Light Industrial and OC-5 Commercial Service Overlay Zoning Districts.
  Motion by Tim Newman,  to not waive the requirement of a public hearing.
  Vote: 6 - 0 Motion Carried
  Since the public hearing can only be waived with a unanimous motion of the Plan Commission, a public hearing will be scheduled for the March 7, 2017 Plan Commission meeting.
             

Consideration of a recommendation to the Village Board of Trustees on the request of the HIGH POINT COMMONS, LLC to rezone land from the C-1 Neighborhood Business to the C-1 Neighborhood Business with the OC-5 Commercial Service Overlay District.  The subject land is generally located on the Northwest corner of Silver Spring Drive and Lilly Road, in the Southeast 1/4 of Section 26, Tax Key Number 104.984.004.
  Since no formal recommendation regarding the rezoning was made, the item will be placed on the March 7, 2017 Plan Commission agenda for a recommendation to the Village Board of Trustees per Section 122-59 of the Municipal Code.
             

Consideration of a recommendation to the Village Board on the request of KWIK TRIP to obtain a Conditional Use Permit allowing a convenience store, gas station, and car wash on lands owned by HIGH POINT COMMONS, LLC.  The subject property is located on the Northwest corner of Silver Spring Drive and Lilly Road, in the Southeast 1/4 of Section 26, Tax Key Number 104.984.004, C-1 Neighborhood Business District.
 
  Motion by Tim Newman,  to not waive the requirement of a public hearing.
  Vote: 6 - 0 Motion Carried
  Since the public hearing can only be waived with a unanimous motion of the Plan Commission, a public hearing will be scheduled for the March 7, 2017 Plan Commission meeting.
             

Consideration of approval for the LILLY CREEK HIGHLANDS V Preliminary Plat.  The proposed Subdivision would be located at the northwest corner of Daylily Drive and Northfield Drive, in the Northeast, Southeast, Southwest and Northwest ¼’s of Section 24, Tax Key Number 95.999.009, R-2 Single Family Residential District.
  Motion by Tim Newman, second by Chris Rolenc to conditionally approve the Preliminary Plat of Lilly Creek Highlands V, subject to the following conditions being satisfied prior to the submittal of the Final Plat:
 
  1. The Village Board rezoning the subject parcel from the R-2 Single Family Residential District to the R-3 Single Family Residential District, and noting this zoning designation on the Final Plat.
  2. Dedicating 6 feet of additional right of way along Northfield Drive, and extending the sidewalk to the intersection of Northfield Drive and Daylily Drive.
  3. Working with the Village Engineering Department to reshape and reorient the detention ponds near lot 11 and lot 18 to reduce their impact on the existing woodlands as much as possible.
  4. Reducing the depths of lots 11 and 12 a minimum of 15 feet.
  5. Reducing the area of lots 14, 15, and 16 so that their area is around 25,000 square feet.
  6. Reducing the area of lots 17, 18, 20, 21, and 22 so that their area is around 20,000 square feet.
  7. Removing the portion of Isolated Natural Resource Area from lot 9, and shifting the internal lot line between lots 9 and 10 so that both lots have a minimum area of 20,000 square feet.
  8. Revising the connection from the proposed sanitary sewer in West View Court to the sewer in Daylily Dr. to the satisfaction of the Director of Utilities.
  9. Renaming West View Ct, as the Village already has a street with this name.
  10. Correcting the spelling of Daylily Drive on the final plat.
  11. Revising the note pertaining outlots to state: “Owners of lots 1 thru 22 shall have an undividable fractional ownership of Outlot 1 and Outlot 2.”
  12. The Vision Corner Easement Restriction shall be removed from the final plat, as no vision corner easements are proposed.
  13. The final plat shall contain all lot dimensions for all lot lines.
  14. Revising the Zoning note on the final plat so that it states the minimum rear setback is 30 feet, and the maximum height is 42 feet.
  15. Adding the following note to the final plat pertaining to all Outlots:
Grading, filling or the removal of earthen materials is prohibited except for the removal of dead, diseased, or dying vegetation at the discretion of all landowners of the subdivision and with the approval of the Village of Menomonee Falls.
 
  1. The site will need to be analyzed for stormwater infiltration under WI DNR NR 151 guidelines, and the Village and MMSD will need to approve the stormwater management plans prior to the approval of the final plat.
  2. A geotechnical report establishing the seasonal high ground water level will need to be completed and all habitable buildings will need to be designed so that the lowest floor elevation is at least 2 feet above the anticipated 100-year high water elevation and at least 3 feet above the highest observed seasonal ground water elevation.
  3. The Developer must obtain a stormwater permit from the Village prior to the approval of the final plat.
  4. Village Engineering, MMSD and DNR approval of sanitary sewer plans submitted by the developer.
  5. Village Engineering and DNR approval of Water main plans submitted by the developer.
  6. Easements will be required for water mains, sewer mains, and storm sewer pipes crossing private lots. The easement must be identified as Public Easements on the final plat.
  7. Private drainage easement will be required for drainage swales. These easements must be identified as Private Easements on the final plat.
  8. Storm sewer computations and plan & profile sheets must be submitted and approved by the Village.
  9. Modifying the sewer plans to eliminate the parallel sanitary sewer lines.
  10. The cul de sac shall be redesigned to accommodate the turning radius of emergency vehicles, snow plows, and garbage trucks, and contain a landscaped island placed within Outlot 2 that shall be maintained by homeowners within the subdivision.
  11. The developer will be excavating within existing Village roads to install new utilities and laterals. The installation of the new utilities will require asphalt trench patching on Daylily Drive and North Field Drive. Asphalt patching can cause a rough ride for vehicles and ultimately shorten the life of the road. As a result, after the utilities are completed, the developer shall be required to mill off the top two inches of asphalt in the locations of the trench patches and relay the surface of the road.
  12. A Letter of Credit must be in place before construction starts.
  13. The grading plans must be submitted and approved by the Village Engineering Department.
  14. All improvements for the subdivision must be completed under a development agreement. The agreement must be approved by the Village and signed by the Developer before construction.
  15. The subdivision design must follow the Village standards and Requirements for Development.
  16. All approvals for the development must be obtained from the appropriate regulatory agencies prior to construction.
  17. Prior to final plat approval, all items identified below must be completed.
  • 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 are to 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 the required sidewalk.
  • Certification and acceptance of grading in conformance with the approved master grading plan.  Specifically:
  1. 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.
  2. 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.
  3. 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. As­built grades are to be shown at the front and back of each building pad.
  4. 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.
  5. 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 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.
  1. The final plat shall identify field delineated wetlands, tied to a property line, staked within 5 years of the final plat approval date.
  2. Consecutively numbering all lots in the subdivision, beginning with Lot 122 - and consecutively numbering all outlots in the subdivision, beginning with outlot 12.
  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 of Trustees on the request of the WOODSPRING SUITES to obtain a Conditional Use Permit allowing an extended stay hotel on lands owned by BOUCHER REAL ESTATE, LLC. The subject property is located at N81W12920 Leon Road in the Southeast ¼ of Section 12, and identified by Tax Key Number 48.996.007, I-1 Light Industrial and OC-5 Commercial Service Overlay Zoning Districts.
  Stephanie Knebel of Woodspring Suites, 8621 E. 21st Street, North Suite 250, Wichita, KS 67206 was present to address the Plan Commission
  Motion by Tim Newman,  to not waive the requirement of a public hearing.
  Vote: 6 - 0 Motion Carried
  Since the public hearing can only be waived with a unanimous motion of the Plan Commission, a public hearing will be scheduled for the March 7, 2017 Plan Commission meeting.
             

Consideration of preliminary and final approval of a Certified Survey Map dividing lands owned by JIM DUERRWAECHTER, located at N82 W13529 Fond Du Lac Avenue, in the Southwest ¼ of Section 12, Tax Key Number 47.964, PRD Planned Residential Development District.
  Motion by Tim Newman, second by Chris Rolenc to grant preliminary and final approval of the Certified Survey Map dividing the subject property, subject to the following conditions:
 
  1. Adding the following note to Page 1:
    “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.”
  2. Including all structures on adjoining properties within 20ft of the lot line on the Certified Survey Map.
  3. Removing the Village Board approval section from the Certified Survey Map.
  Vote: 6 - 0 Motion Carried
             

ADJOURNMENT
  Motion by Chris Rolenc, second by Sharon Ellis to adjourn. Meeting adjourned at 7:57 PM.
  Vote: 6 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on March 7, 2017
   

    

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