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 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 February 6, 2018

 
 
Meeting called to order at 6:30 pm.
Present:
Joseph Helm, Chairperson; Paul Tadda; Anthony Ash; Chris Rolenc; Paul Broesch
Absent:
Tim Newman; Nate Amack
Staff Present:
Director of Community Development Matt Carran; Planner Gabe Gilbertson
             
APPROVAL OF MINUTES
             
Approval of the minutes of the January 2nd, 2018 Plan Commission Meeting.
  Motion by Chris Rolenc, second by Paul Broesch to approve the minutes of the January 2, 2018 meeting.
  Vote: 5 - 0 Motion Carried
             
APPEARANCES
             
Commissioner Paul Tadda recused himself from the following item and left the room.

Consideration of a utility easement granted to WISCONSIN ELECTRIC POWER COMPANY over land located at W164 N9183 Water Street, in the Northwest and Southwest ¼ of Section 3, Tax Key Numbers 10.983 and 10.983.001, I-1 Light Industrial Zoning District.
  Motion by Chris Rolenc, second by Anthony Ash to recommend the Village Board of Trustees approve the attached easement subject to a survey being submitted showing the exact location of the easement with a legal description upon completion of the utility relocation.
 
  Vote: 4 - 0 Motion Carried
             
Commissioner Paul Tadda returned to the room and rejoined the meeting.

Consideration of a recommendation to the Village Board of Trustees on the request of THE VILLAGE OF MENOMONEE FALLS to adopt an Ordinance amending the land use component of the Comprehensive Plan for lands generally located on the north side of Ash Drive between White Birch Drive and Cedar Ridge Lane and on Aspen Drive near Washington Avenue, from the Park/Open Space Land Use Classification to the Low Density Residential Land Use Classification. The subject parcel is located in the Southeast ¼ of Section 23, and identified by Tax Key Number 92.204.
  No action is required, and since public hearing notices for Comprehensive Plan Amendments must be published a minimum of 30 days prior to the public hearing, a mandatory public hearing is scheduled for the April 3, 2018 Plan Commission meeting.
  Vote: 5 - 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 Chris Rolenc, second by Anthony Ash to amend the following sections of the submitted ordinance to read as follows:

Section 122-646(a)(1) A recreational vehicle stored adjacent to a residential dwelling shall be set back a minimum of 5 feet from the side property line. If the recreational vehicle exceeds 5 feet in height, the recreational vehicle shall be set back at a distance of the overall height of the recreational vehicle from the side property line. A recreational vehicle shall be located no closer than 5 feet from the rear property line. 

Section 122-646-(a)(2)(b) Exception for corner lots. For corner lots, the recreational vehicle is set back a minimum of 5 feet from the street yard that does not have driveway access. If the recreational vehicle exceeds 5 feet in height, the recreational vehicle shall be set back at a distance of the overall height of the recreational vehicle from the street yard that does not have driveway access.

Section 122-646(c)(1) is eliminated.

Section 122-646(c) In addition to a recreational vehicle permitted under subsection (a) above, parcels located within the R-1 Single Family Residential District, R-2 Single Family Residential District, R-3 Single Family Residential District, R-3.5 Single Family Residential District, or PRD Planned Residential Development District - and classified for a density of 2 dwelling units per acre or less in the Village Comprehensive Plan - may store one (1) additional unenclosed recreational vehicle without habitation, subject to the following conditions:

Section 122-646(c)(2) The recreational vehicle stored adjacent to a residential dwelling shall be set back a minimum of 5 feet from the side property line. If the recreational vehicle exceeds 5 feet in height, the recreational vehicle shall be set back at a distance of the overall height of the recreational vehicle from the side property line. A recreational vehicle shall be located no closer than 5 feet from the rear property line. 

Section 122-646(c) shall now read:

(1) The recreational vehicle stored adjacent to a residential dwelling shall be set back a minimum of 5 feet from the side property line. If the recreational vehicle exceeds 5 feet in height, the recreational vehicle shall be set back at a distance of the overall height of the recreational vehicle from the side property line. A recreational vehicle shall be located no closer than 5 feet from the rear property line. 
(2) The recreational vehicle is stored in a location meeting the minimum street yard setback for principal uses in the zoning district the recreational vehicle is stored in.
(3) Exception for corner lots. For corner lots, the recreational vehicle is set back a minimum of 5 feet from the street yard that does not have driveway access. If the recreational vehicle exceeds 5 feet in height, the recreational vehicle shall be set back at a distance of the overall height of the recreational vehicle from the street yard that does not have driveway access.
  Vote: 5 - 0 Motion Carried
  Motion by Chris Rolenc, second by Anthony Ash to correct the language regarding recreation vehicle side yard setback in Section 122-646(a)(1), Section 122-646-(a)(2)(b), and Section 122-646(c)(1) to read: If the recreational vehicle exceeds 5 feet in height, the minimum setback shall be increased to the height of the recreational vehicle plus 5 feet.
  Vote: 5 - 0 Motion Carried
  Motion by Chris Rolenc, second by Anthony Ash to amend Section 122-646(d)(5) to read:  "Only covers specifically designed for the recreational vehicle on which they are covering shall be permitted."
  Vote: 5 - 0 Motion Carried
  Motion by Chris Rolenc, second by Anthony Ash to recommend the Village Board of Trustees adopt the following ordinance as amended:
Village of Menomonee Falls Ordinance No. ____-O-18
 
AN ORDINANCE AMENDING SECTIONS 122-2, 122-622, 122-646 AND 122-687
 OF THE MUNICIPAL CODE
OF THE VILLAGE OF MENOMONEE FALLS PERTAINING TO
THE UNENCLOSED STORAGE OF RECREATIONAL VEHICLES.
 
            WHEREAS, it is deemed to be in the best interest of the Village of Menomonee Falls that the Municipal Code of the Village of Menomonee Falls be further modified and amended in the manner hereinafter more particularly set forth;
 
            NOW, THEREFORE, the Board of Trustees of the Village of Menomonee Falls does hereby ordain as follows:
 
 Section 1.  Section 122-2 [Definitions] of Article I [In General] of Chapter 122
[Zoning] is amended to insert the following definition alphabetically:
...
 
Recreational Vehicle means one of the following vehicles designed primarily for recreational, camping, travel, or seasonal use:
  • Motor or mobile home - a motorized recreational vehicle containing sleeping, eating and bathroom facilities.
  • Fifth-wheel trailer – a unit affixed and towed by a pickup truck equipped with a special hitch in the truck bed.
  • Tent camper – a unit with sides that collapse for towing and storage.
  • Travel trailer – a unit containing sleeping facilities designed to be towed by a car, van or truck by means of bumper or frame hitch.
  • Boat – a vessel propelled on water by oar, paddle, sail or engine.
  • Boat trailer – a trailer designed to launch, retrieve, carry and sometimes store a boat.
  • Utility trailer – any trailer other than a boat trailer or travel trailer pulled by a motorized vehicle.   

 
Section 2.  Paragraph (a) of Subsection (2) [Accessory uses and detached
accessory structures] of Section 122-622 [Yards] of Division 2 [Modifications to District
Requirements] of Article VII [Supplemental District Regulations] of Chapter 122 [Zoning]
is amended to read as follows:
 
(a)   Except for recreational vehicles regulated under Section 122-646, 
       accessory uses and detached accessory structures are permitted in the
       rear yard only with no encroachment into street or side yards; shall not
       exceed 15 feet in height; and shall not occupy more than 20 percent of
       the rear or secondary street yard area. 

       Exception: In the secondary street yard the structure may be located no
       closer than the minimum street yard required for a principal structure.
 
Section 3.  Section 122-646 [Unenclosed storage] of Subdivision I [In General] of
Division 3 [General Use Restrictions] of Article VII [Supplemental District Regulations] of
Chapter 122 [Zoning] is amended to read as follows:
 
Sec. 122-646.   Unenclosed storage of recreation vehicles.
 
     (a)  One recreational vehicle, without habitation, may be stored unenclosed in a
Single Family District or Planned Residential Development District subject to the following
conditions: 

     (1)  A recreational vehicle stored adjacent to a residential dwelling shall be set back
  a minimum of 5 feet from the side and rear property line. If the recreational vehicle
           exceeds 5 feet in height, the minimum side setback shall be increased to the 
  height of the recreational vehicle plus 5 feet. 
 
     (2)  Minimum street yard setback.
 
   a.  The recreational vehicle is stored in a location meeting the minimum street
         yard setback for principal uses in the zoning district the recreational vehicle
         is stored in.  
 
   b.  Exception for corner lots. For corner lots, the recreational vehicle is set back
        a minimum of 5 feet from the street yard that does not have driveway
        access. If the recreational vehicle exceeds 5 feet in height, the minimum
        setback from the street yard that does not have driveway access shall be
        increased to the height of the recreational vehicle plus 5 feet. 
 
     (3)  The recreational vehicle is less than 35 feet in length. 
 
     (b)  No recreational vehicle may be stored unenclosed in any Multi-family
Residential, Business, or Public and Semi-Public Zoning Districts. 
 
     (c)  In addition to a recreational vehicle permitted under subsection (a) above, parcels located within the R-1 Single Family Residential District, R-2 Single Family Residential District, R-3 Single Family Residential District, R-3.5 Single Family Residential District, or PRD Planned Residential Development District - and classified for a density of 2 dwelling units per acre or less in the Village Comprehensive Plan - may store one (1) additional unenclosed recreational vehicle without habitation, subject to the following conditions:
 
  (1)  A recreational vehicle stored adjacent to a residential dwelling shall be set back a
minimum of 5 feet from the side and rear property line. If the recreational vehicle exceeds
5 feet in height, the minimum side setback shall be increased to the height of the
recreational vehicle plus 5 feet. 
 
  (2)  Minimum street yard setback.
         a.    The recreational vehicle is stored in a location meeting the minimum street yard setback for principal uses in the zoning district the recreational vehicle is stored in.  
         b.    Exception for corner lots. For corner lots, the recreational vehicle is set back a minimum of 5 feet from the street yard that does not have driveway access. If the recreational vehicle exceeds 5 feet in height, the minimum setback from the street yard that does not have driveway access shall be increased to the height of the recreational vehicle plus 5 feet. 
  (d)  In addition to the applicable requirements of this Section, all unenclosed recreational vehicles shall be: 
  (1)    Well maintained, licensed and operable. 
  (2)    Owned by a person residing on the parcel. 
  (3)    Located in an area free of litter as defined in Section 18-371 of the municipal code. 
  (4)    Located in an area free of tall grass, weeds, or other factors creating a public nuisance as described in Section 38-24 of the municipal code. 
  (5)    Only covers specifically designed for the recreational vehicle on which they are covering shall be permitted.
 
Section 4.  Paragraph (4) of Subsection (a) of Section 122-687 [Parking of trucks, trailers and equipment] of Subdivision 1 [In General] of Division 4 [Traffic, Parking,] of Article VII [Supplemental District Regulations] of Chapter 122 [Zoning] is amended to read as follows:
 
  (4)  Without habitation, unenclosed parking of a recreational vehicle as defined in Section 122-2 of this Chapter shall be considered an accessory use, subject to the provisions of sections 122-646.
 
Section 5.  Except as specifically modified and amended by this ordinance, the
Municipal Code of the Village of Menomonee Falls shall remain in force and effect
exactly as originally adopted and previously amended.  All ordinances or parts of
ordinances inconsistent with or in contravention of the provisions of this ordinance
are hereby repealed.
 
Section 6.  This ordinance shall take effect and be in full force from and after its passage and publication.
   
         Section 7.  SEVERABILITY.  If any section, clause, provision or portion of this
ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this chapter shall not be affected thereby.
            
           Adopted by the Board of Trustees of the Village of Menomonee Falls on the ___ day of ___________, 2018.
                                                                          By _________________________________
                                                                                         Joseph Helm, Village President
Date Posted: __________________
                                                                                  Attest_________________________________
Janice Moyer, Village Clerk
 
Second – Ash
Vote – All ayes, motion carried.
  Vote: 5 - 0 Motion Carried
             
ADJOURNMENT
  Motion by Chris Rolenc, second by Anthony Ash to adjourn. Meeting adjourned at 7:28 PM.
  Vote: 5 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on March 6, 2018
   

    

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