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 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 February 4, 2020

 
 
Chairperson Dave Glasgow called the meeting to order at 6:30 pm.
Present:
David Glasgow, Chairperson; Paul Tadda, Trustee; Anthony Ash, Member; Chris Rolenc, Member; Paul Curtiss, Member; Jennifer Grant, Member; Niki Schaumberg, Member
Staff Present:
Director of Community Development Matt Carran; Planner Gabe Gilbertson
             
APPROVAL OF THE MINUTES OF THE JANUARY 7, 2020 MEETING
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to approve the minutes of the January 7, 2020 meeting.
  Vote: 7 - 0 Motion Carried
             
PUBLIC HEARINGS
             
Public hearing on a recommendation to the Village Board of Trustees on the request of AMERICA FARMS INC. to amend Conditional Use Permit No. 3-8-99-C allowing THE PROMISED LAND RANCH AND PRESERVE the ability to offer public and private services including a group home; horse riding arena, stable and equine therapy; miniature golf and clubhouse activities; trail riding and hiking; farmers market; public and private barn events; wood shop and mechanic shop; and organic farming, tree planting and land conservancy activities.  The subject land is comprised of two parcels identified by Tax Key Numbers 34.989 and 34.991, located at W187N8581 Maple Road.
  The following asked to be heard:

Susan Sarracino-Deihl, N84W19194 Menomonee Avenue, Menomonee Falls, WI 53051
Tony Masterhula,  8713 West Chayenne Street, Milwaukee, WI 53224
Kevin Roether, 520 Maple Avenue, Hartford, WI 53027
Desiree Shannon, N61W15475 Edgemont Drive, Menomonee Falls, WI 53051
Tim Winter, N84W19463 Menomonee Avenue, Menomonee Falls, WI 53051
Stuart Winter, N84W19547 Menomonee Avenue, Menomonee Falls, WI 53051

The public hearing closed at 6:45 PM.

In addition to those who spoke, 11 emails in support of the Conditional Use Permit request were recieved and those are attached.
  Action Item:
Consideration of a recommendation to the Village Board of Trustees on the request of AMERICA FARMS INC. to amend Conditional Use Permit No. 3-8-99-C allowing THE PROMISED LAND RANCH AND PRESERVE the ability to offer public and private services including a group home; horse riding arena, stable and equine therapy; miniature golf and clubhouse activities; trail riding and hiking; farmers market; public and private barn events; wood shop and mechanic shop; and organic farming, tree planting and land conservancy activities.  The subject land is comprised of two parcels identified by Tax Key Numbers 34.989 and 34.991, located at W187N8581 Maple Road.
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to recommend the Village Board of Trustees amend Conditional Use Permit No. 3-8-99-C allowing a group home; horse riding arena, stable and equine therapy; miniature golf and clubhouse activities; trail riding and hiking; farmers market; public and private barn events; wood shop and mechanic shop; and organic farming, tree planting and land conservancy activities, subject to the following conditions:
  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. Complying with all applicable requirements of the MMSD Chapter 13 stormwater guidelines, and Wisconsin DNR permitting requirements.
  7. All exterior lights, with the exception of security lighting, shall be extinguished between the hours of 11:00 P.M. and 8:00 A.M.
  8. A planting screen along the West property line of the parcel identified by Tax Key Number 34.989 shall be maintained at all times. 
  9. There shall be no outside storage, except in screened areas approved by the Architectural Control Board.
  10. Any deviation in building color, material, or architectural detail shall be returned to the Architectural Control Board for re-approval.
  11. The maintenance/carpenter shop and vehicle repair garage shall only be used for the maintenance and repair of the facilities, equipment and vehicles on site, and shall not be open for general public activities.
  12. The foregoing conditions shall supersede and replace all conditions placed on the property under Conditional Use Permit No. 3-8-99-C granted on April 20, 2009 and recorded on May 13, 2009 as Document No. 3655928, pages 270-274; Conditional Use Permit No. 3-8-99-B granted on April 17, 2006 and recorded on May 10, 2006 as Document No. 3385838, pages 1826-1830; Conditional Use Permit No. 3-8-99-A granted on September 3, 2002 and recorded on September 16, 2002 as Document No. 2845719, pages 002430 – 002433; Conditional Use Permit No. 3-8-99 granted on February 1, 1999 and recorded March 18, 1999 as Document No. 2434139 on Reel 2864, as Images 0758-0761; Conditional Use Permit No. 6-8-73-I granted on August 18, 1997 and recorded on September 18, 1997 as Document No. 2246083 on Reel 2505 as Images 0267-0271; Conditional Use Permit No. 6-8-73-H granted on September 9, 1992 and recorded September 23, 1992 as Document No. 1769349 on Reel 1559, as Images 0041-0044; Conditional Use Permit No. 6-8-73-G granted on June 3, 1991 and recorded June 12, 1991 as Document No. 1654357 on Reel 1314, as Images 0179-0182; Conditional Use Permit No. 6-8-73-G granted on November 19, 1990 and recorded December 13, 1990 as Document No. 1625837 on Reel 1260, as Images 1264-1267; Conditional Use Permit No. 6-8-73-F granted on September 5, 1989 and recorded October 23, 1989 as Document No. 1561124 on Reel 1149, as Images 0926-0929; and Conditional Use Permit No. 6-8-73-E granted on June 5, 1989 and recorded June 27, 1989 as Document No. 1542324 on Reel 1118, as Images 0348-0351.
  Vote: 7 - 0 Motion Carried
             
Public hearing on a recommendation to the Village Board of Trustees on the request of JEROME EPPING to amend Conditional Use Permit No. 11-6-10 allowing BREEZY HILL NURSERY the ability to construct and operate a greenhouse and shade house at their facilities located at N96W21627 County Line Road, Tax Key Number 21.990.001.
  The following asked to be heared:

Brad Sporaa, N94W20738 Schlei Road, Menomonee Falls, WI 53051
Paul Hopp, N94W20865 Schlei Road, Menomonee Falls, WI 53051

The public hearing closed at 6:51 PM.

In addition to those who asked to be heard, an email in favor of the project was submitted by Greg Sunila of N96W21681 County Line Road, Menomonee Falls, WI 53051.  A copy of this email is attached.
  Action Item:
Consideration of a recommendation to the Village Board of Trustees on the request of JEROME EPPING to amend Conditional Use Permit No. 11-6-10 allowing BREEZY HILL NURSERY the ability to construct and operate a greenhouse and shade house at their facilities located at N96W21627 County Line Road, Tax Key Number 21.990.001.
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to recommend the Village Board of Trustees amend Conditional Use Permit No.11-6-10 allowing the construction and operation of a greenhouse and shade house at the existing wholesale nursery, landscape supply yard and retail garden center, subject to the following conditions:
  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(s) granted shall be in strict conformity to the approved site, building and operation plans filed with the Village Board in connection with the Petition(s) 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 hours of operation shall be between 6:00 AM and 7:00 PM.
  7. Outdoor mechanical loading and unloading of materials shall only occur between 7:00 am and 7:00 pm, Monday through Friday; and between 7:00 am and 4:00 pm, on Saturday and Sunday.
  8. A maximum of four 4-person (including the driver) landscape installation crews shall operate from the site.
  9. No access to the subject property shall occur from Schlei Road.
  10. The site and building shall be completed in strict conformity with the plans approved by the Architectural Control Board, and shall be neatly maintained at all times.  Any deviation in color, material, or architectural detail shall be returned to the Architectural Control Board for re-approval. 
  11. Polystructures, per the approved site plan, may be constructed and utilized on the subject site.
  12. No equipment, empty plant pots, machinery, mulch, gravel, or other nursery supplies shall be allowed in the nursery stock storage area.
  13. No outside storage of materials or equipment shall be visible from any public right of way or abutting property.
  14. There shall be no outside storage of new or used, equipment, materials or merchandise, except for the following:
    • 3 farm tractors with attachments
    • 1 semi tractor and 2 trailers
    • 1 tandem axle dump truck and trailer
    • 6 single axle dump trucks and trailers
    • 5 skid steers and attachments
    • 5 pick-up trucks
  15. All trucks and off-road machinery requiring back-up alarms shall be equipped with “white next generation” sound systems approved by OSHA.
  16. Any violations of these conditions will be considered a violation of the Zoning Ordinance, and appropriate citations will be issued.
  Vote: 7 - 0 Motion Carried
             
Commissioner Tony Ash recused himself from the following item and left the Board Room.

Public hearing on a recommendation to the Village Board of Trustees on the request of JEFFREY WILGUS AND LEAH NEUROTH to obtain a Conditional Use Permit allowing a dog daycare and bar facility, and grant a parking adjustment allowing 54 parking stalls instead of the 111 parking stalls required based on maximum capacity.  The project is proposed on the northwest corner of Silver Spring Drive and Technology Drive, on the parcel identified by Tax Key Number 112.997.001.
  Chris Wenzler of Briohn Building Corporation, 3885 N. Brookfield Road, Suite 200 Brookfield, WI, 53045 answered questions from the Plan Commission about the parking lot prior to the public hearing.

The following asked to be heard:

Pat McMahon, 1525 Rolling Meadow Drive, Brookfield, WI 53045

The public hearing closed at 7:04 PM.
  Action Item:
Consideration of a recommendation to the Village Board of Trustees on the request of JEFFREY WILGUS AND LEAH NEUROTH to obtain a Conditional Use Permit allowing a dog daycare and bar facility, and grant a parking adjustment allowing 54 parking stalls instead of the 111 parking stalls required based on maximum capacity.  The project is proposed on the northwest corner of Silver Spring Drive and Technology Drive, on the parcel identified by Tax Key Number 112.997.001.
  Leah Neuroth of Whag, LLC – Dogwood Run, 8005 N. Santa Monica Boulevard, Fox Point, WI53217 and Chris Wenzler of Briohn Building Corporation, 3885 N. Brookfield Road, Suite 200 Brookfield, WI, 53045 addressed the Plan Commission.
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to grant a 45 stall parking adjustment allowing 66 parking stalls to be provided rather than the 111 parking stalls required in Section 122-716.
  Vote: 6 - 0 Motion Carried
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to recommend the Village Board of Trustees grant a conditional use permit allowing a dog daycare and bar facility subject to the bulleted conditions being resolved prior to the issuance of a Building Permit, and the numbered conditions running with the Conditional Use Permit.
  • Compliance with all Fire Department issues noted in the "Additional Information Section" of this report.
  • Compliance with all Engineering Department issues noted in the "Additional Information Section" of this report.
  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. All structures shall be completed in strict conformity to the plans approved by the Architectural Control Board.  Any deviation in color, material, or other architectural detail shall be returned to the Architectural Control Board for re-approval.
  7. 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.
  8. Outside storage shall be prohibited except one fully enclosed dumpster area approved by the Architectural Control Board.
  9. The permissible hours of operation for the dog daycare shall be between 6:00 AM and 7:00 PM Monday through Friday.
  10. The permissible hours of operation for the bar area shall be between 12:00 noon and 10:00 PM Monday through Sunday.
  11. The building shall be posted with a maximum capacity of 165 people.
  Vote: 6 - 0 Motion Carried
             
Commissioner Tony Ash returned to the Board Room.

Public hearing on a recommendation to the Village Board of Trustees on the request of LYNN & HENRY CENTGRAF to adopt an Ordinance amending the land use component of the Comprehensive Plan for the parcel of land located at N75W13955 Appleton Avenue, from the Low Density Residential Land Use Classification to the Commercial Land Use Classification. The lands are further described by Tax Key Number 51.988.
  The following asked to be heard:

Penny Wagner, 140 7616 Lilly Road, Menomonee Falls, WI 53051
Sandra Welsch, W140N7551 Lilly Road, Menomonee Falls, WI 53051
Allen Castillon, W140N7575 Lilly Road, Menomonee Falls, WI 53051
Sharon Gells, W140N7003 Lilly Road, Menomonee Falls, WI 53051
Nicole Centgraf, W2601 Dunn Road, Mayvill, WI 53050

The public hearing closed at 7:39 PM.

In addition to those who spoke, 2 emails in opposition to the Land Use Amendment were recieved and those are attached.
  Action Item:
Consideration of a recommendation to the Village Board of Trustees on the request of LYNN & HENRY CENTGRAF to adopt an Ordinance amending the land use component of the Comprehensive Plan for the parcel of land located at N75W13955 Appleton Avenue, from the Low Density Residential Land Use Classification to the Commercial Land Use Classification. The lands are further described by Tax Key Number 51.988.
  Motion by Member Paul Curtiss, second by Member Chris Rolenc to table the item until parking lot and landscape plans are submitted.
  Vote: 7 - 0 Motion Carried
             
OLD BUSINESS
             
Consideration of a recommendation to the Village Board of Trustees on the request of LYNN & HENRY CENTGRAF to rezone lands located at N75W13955 Appleton Avenue from the R-2 Single Family Residential District to the C-1 Commercial Business District.  The subject land is located on the Southeast corner of Lilly Road and Appleton Avenue, and identified by Tax Key Number 51.988.
  Motion by Member Paul Curtiss, second by Member Chris Rolenc to table the item.
  Vote: 7 - 0 Motion Carried
             
TABLED ITEMS
             
Consideration of a parking adjustment and a recommendation to the Village Board of Trustees on the request of MCMAHON PROPERTIES LLC to amend Conditional Use Permit No. 9-28-03 allowing a gas station, convenience store, car wash and a bar/restaurant use at N56W17450 Silver Spring Drive, on the property identified by Tax Key Number 112.997.002.
  Motion by Member Paul Curtiss, second by Member Chris Rolenc to remove the item from the table.
  Vote: 7 - 0 Motion Carried
  Pat McMahon, 1525 Rolling Meadow Drive, Brookfield, WI 53045 was present to address the Plan Commission as the applicant.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to recommend the Village Board of Trustees amend Conditional Use Permit No. 9-28-03 allowing a gas station, convenience store, car wash and a bar/restaurant use at N56W17450 Silver Spring Drive, subject to the following bulleted item being reconciled and the numbered conditions running with the Conditional Use Permit:
  • The applicant submitting a survey and legal description for a dedicated parking lot on the adjacent property with a minimum of 25 parking stalls and receiving approval from the Department of Engineering and Planning for the construction of the parking lot prior to recording 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 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. A security plan, approved by the Menomonee Falls Police Department, shall be in effect at all times.
  7. There shall be no outside storage of new or used equipment, materials, or other merchandise except one dumpster within a screened area approved by the Architectural Control Board.
  8. 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.
  9. Hours of operation for the convenience store shall be limited to the hours of 5:00 AM until 11:00 PM. 
  10. Hours of operation associated with the bar and restaurant shall be limited to the hours of 11:00 AM until 2:00 AM. 
  11. Vehicle storage or display is prohibited on this property.
  12. Truck and trailer rental, display and or storage is prohibited on this property.
  13. The construction of a parking lot containing a minimum of 25 parking stalls.
  Vote: 7 - 0 Motion Carried
             
APPEARANCES
             
Conceptual review for a proposed building addition at THE SOCIAL HAUS located at N48W18490 Lisbon Road, in the C-1 Neighborhood Business Zoning District, identified by Tax Key Number 131.993.
  Because the item was conceptual in nature, no action taken.
             
Consideration of preliminary and final approval of a Certified Survey Map combining lands located at W167N8921 Grand Avenue and N88W16616 Main Street at the request of WIMMER COMMUNITIES.  The subject lands are identified by Tax Key Numbers 11.099 and 11.096, and located in the C-2 Community Business District and OVC Village Centre Overlay Districts.
  Motion by Member Anthony Ash, second by Member Chris Rolenc to grant preliminary and final approval of the Land Division subject to the following conditions:
  1. Adding all structures within 20 feet of the property lines to the Certified Survey Map.
  2. 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
  1. Removing the Village Board approval section.
  2. The applicant submitting the recording fees to the Village of Menomonee Falls, or recording the Certified Survey Map and paying the fees directly to Waukesha County.
  3. Submitting documentation showing the removal of the parking easement on Parcel 11.099 or including the parking easement on the Certified Survey Map.
  4. Including the Surveyor's stamp and signature on the Certified Survey Map prior to recording.
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village of Menomonee Falls Architectural Control Board regarding the Village Centre Project Review of the WIMMER COMMUNITIES request to redevelop lands located at W167N8921 Grand Avenue and N88W16616 Main Street. The subject development is located in the Southwest ¼ of Section 3, identified by Tax Key Numbers 11.099 and 11.096, and located in the C-2 Community Business District and OVC Village Centre Overlay Districts.
  Nick Wimmer of Wimmer Communities, 5300 South 108th Street, Hales Corners, WI 53130 was present to address the Plan Commission as the applicant.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to recommend the Architectural Control Board approve the Village Centre Project Review for the subject project noting:
  1. The potential public benefits of the proposed project outweigh any and all potential adverse impacts of the proposed project.
  2. The proposed appearance of the project provides greater public benefit than replacement, including repainting, with new, identical materials.
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board regarding an Ordinance dissolving section 122-238 removing the R-7 Single-Family Residential Zoning District, and eliminating subsection 42-122(s) removing the R-7 master plan fee.
  Motion by Member Chris Rolenc, second by Member Jennifer Grant to waive the 30-day waiting period and recommend the Village Board adopt the attached Ordinance.
  Vote: 5 - 2 Motion Carried
 
Nay: Member Chris Rolenc
  Member Paul Curtiss
             
Trustee Paul Tadda recused himself from the following item and left the Board Room.

Consideration of a recommendation to the Village Board of Trustees regarding a distribution easement granted to WISCONSIN ELECTRIC POWER COMPANY relocating lighting service along Mill Street and Garfield Avenue.
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to recommend the Village Board of Trustees approve the attached distribution easement.
  Vote: 6 - 0 Motion Carried
             
Trustee Paul Tadda returned to the Board Room.

ADJOURNMENT
  Motion by Member Chris Rolenc, second by Trustee Paul Tadda to adjourn the meeting. The meeting adjourned at 8:52 PM.
  Vote: 7 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on March 3, 2020
   

    

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