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 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 March 6, 2018

 
 
             
Meeting called to order at 6:30 pm.
 
Present:
Chairperson Joseph Helm; Paul Tadda; Anthony Ash; Tim Newman; Chris Rolenc; Nate Amack; Paul Broesch
Staff Present:
Director of Community Development Matt Carran; Planner Gabe Gilbertson
             
APPROVAL OF MINUTES
             
Approval of the minutes of the February 6, 2018 Plan Commission Meeting.

Motion by Tim Newman, second by Chris Rolenc to approve the minutes of the February 6, 2018 Plan Commission meeting.
  Vote: 7 - 0 Motion Carried
             
APPEARANCES
             
Consideration of a recommendation to the Village Board of Trustees regarding the Final
Plat for the LILLY CREEK HIGHLANDS VI Subdivision located north of the intersection
of Daylily Drive and Westview Drive, in the Northeast, Northwest, Southwest and
Southeast ¼’s of Section 24, Tax Key Number 95.999.009, R-3 Single Family
Residential District.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the Final Plat of Lilly Creek Highlands VI subject to the following conditions:
  1. Adding a landscaped island, placed in an outlot (outlot 13) within the cul de sac, designed to accommodate the turning radius of emergency vehicles, snow plows, and garbage trucks.
  2. 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."
  3. Adding the name and address of the owner/subdivider to the first page of the subdivision.
  4. Correcting the page numbering of page 2.
  5. Identifying the wetlands boundaries by bearing and distance.
  6. Identifying the length of the southern boundary of the wetlands on lot 136 on the plat.
  7. Providing the lot width for Lot 132 at the 40 foot building setback. If this length is less than 110 feet, the lots will need to be redesigned so that all lots have a minimum lot width of 110 feet at the 40 foot building setback.
  8. Correcting the building envelope for lots 134 and 135 so that it is shown 30 feet from the south property lines.
  9. Modifying the "Outlots" Note to state the lot owners of Lilly Creek Highlands VI and Lilly Creek Highlands V - The note currently omits "Highlands" from the name.
  10. Adding a second note in the "Outlots" notes stating "Each individual lot owner within Lilly Creek Highlands VI shall have indivisible fractional ownership in Outlot 12."
  11. Adding a third note in the "Outlots" notes stating "Grading, filling or removal of earthen materials within any outlot is prohibited except for the removal of dead, diseased, or dying vegetation at the discretion of all land owners of the subdivision and with the approval of the Village of Menomonee Falls."
  12. Compliance with all of the Engineering comments listed on pages 4, 5, and 6 of the March 6, 2018 Staff Report.
  13. Compliance with all of the conditions of the Wisconsin Department of Administration noted on pages 8 and 9 of the March 6, 2018 Staff Report.
  14. Identifying the limit of the Isolated Natural Resource Area on the Final Plat.
  15. Modifying the title of the "Wetland Preservation"  notes to "Wetland and Isolated Natural Resource Area Restrictions."
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board of Trustees on the request of
JESS AND BROOKE THOMAS to rezone lands generally located on the east side of
Marcy Road, ¼ miles south of Silver Spring Drive, from the A-1 Agricultural District to
the PRD Planned Residential Development District. The subject lands are located in the
Northeast ¼ of Section 33, and identified by Tax Key Number 129.995.
  Motion by Tim Newman, second by Chris Rolenc to waive the requirement of waiting until the subsequent meeting.
  Vote: 7 - 0 Motion Carried
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the rezoning of the subject lands, legally described as the part of the North 1/2 of the South 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 33 in Town 8 North Range 20 East, from the A-1 Agricultural Zoning District to the PRD Planned Residential Development Zoning District.
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board of Trustees regarding an update to the
2016 – 2020 Comprehensive Outdoor Recreation Plan.
  Motion by Tim Newman, second by Nate Amack to recommend the Village Board of Trustees approve the updated 2016-2020 Comprehensive Outdoor Recreation Plan as presented.
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board of Trustees to adopt an Ordinance amending the land use component of the Comprehensive Plan from the Mixed Use Land Use Classification to the Park/Open Space Land Use Classification for lands owned by  BRAYTON DEVCO, LLC, JOSEPH HEINEN, AND THE VILLAGE OF MENOMONEE FALLS generally located between Appleton Avenue and Mill Street and by Garfield Drive to the north. The subject lands are located in the Northwest 1/4 of Section 10, identified by Tax Key Numbers 11.276, 11.277, 11.278, 11.280.012, 11.280.013, and 11.280.014, and located in the C-2 Community Business District, PID
Planned Infill Development Overlay Zoning District, P-1 Park and Open Space District, and OVC Village Centre Overlay Zoning District. 

 
  No action was taken as a mandatory public hearing is scheduled for the April 3, 2018 Plan Commission meeting.
             
Consideration of a distribution easement granted to WISCONSIN ELECTRIC POWER COMPANY over land 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.
 
  Commissioner Paul Tadda recused himself from the meeting and left the room.
  Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve a distribution easement granted to Wisconsin Electric Power Company over land located at N96W15885 County Line Road.
  Vote: 6 - 0 Motion Carried
  Commissioner Paul Tadda returned to the room and rejoined the meeting.
             
Re-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 recommend the Village Board of Trustees adopt the following Ordinance:
 
Village of Menomonee Falls Ordinance No. ____-O-18
 
AN ORDINANCE AMENDING SECTIONS 122-2, 122-622, 122-646 AND 122-687
OF THE MENOMONEE FALLS MUNICIPAL CODE 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.

 (b) 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.

  (c) 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) Stored without tarps or covers other than those tarps or covers specifically
        designed for the recreational vehicle.
  (6) Less than 35 feet in length.
  (7) Meet the following setbacks.

        a.  Street: The recreational vehicle shall be stored in a location meeting the
             minimum street yard setback for principal uses in the zoning district the
             recreational vehicle is stored in.
             1.  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.
        b.  Rear: minimum 5 feet.
        c.  Side:  minimum of 5 feet, however if the recreational vehicle exceeds 5 feet
             in height, and abuts another residential use, the minimum setback from the
             side lot line shall be increased to the height of the recreational vehicle plus 5
             feet.

 
(d) No recreational vehicle may be stored unenclosed in any Multi-family Residential, Business, or Public and Semi-Public Zoning Districts.
 
          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.
 
  Vote: 7 - 0 Motion Carried
             
Consideration of a recommendation to the Village Board of Trustees to declare excess
right of way and adopt a resolution introducing and referring for public hearing and
proceedings a Resolution regarding the vacation of Harrison Avenue south of Belleview
Boulevard.  The subject land is located between the parcels identified by Tax Key
Numbers 37.032 and 37.023 in the Northeast ¼ of Section 10.
  Motion by Tim Newman, second by Anthony Ash to recommend the Village Board of Trustees declare the lands of Harrison Avenue south of Belleview Boulevard located between the parcels identified by Tax Key Numbers 37.032 and 37.023 in the Northeast 1/4 of section 10 as excess right of way, and to approve the following resolution:
 
Village of Menomonee Falls Resolution No.   ­­­__-R-18
 
A RESOLUTION ACCEPTING THE INTRODUCTION OF AND REFERRING
FOR PUBLIC HEARING AND PROCEEDINGS A RESOLUTION REGARDING
THE VACATION OF HARRISON AVENUE SOUTH OF BELLEVIEW BOULEVARD, BETWEEN THE PARCELS IDENTIFIED BY TAX KEY NUMBERS 37.032 AND 37.023
 
WHEREAS, there currently exists an unimproved portion of Harrison Avenue located in the Village of Menomonee Falls South of Belleview Boulevard; and
 
WHEREAS, this subject right of way is located between lands legally described as Lot 7 of Block 5 of the Continuation of Edgebrook Park (Tax Key Number 37.032) and Lot 1 of Block 4 of the Continuation of Edgebrook Park (Tax Key Number 37.023); and
 
WHEREAS, the subject right-of-way is more fully identified and described in “Exhibit A”, attached hereto and incorporated by reference herein; and shown in the Continuation of Edgebrook Park, attached hereto and incorporated by reference herein as “Exhibit A1”; and
 
WHEREAS, the land south of the subject right of way has been developed with a single family home, preventing any outlet for the subject right of way; and
 
WHEREAS, the subject right of way does not appear to be needed; and
 
WHEREAS, the Plan Commission has recommended to the Board of Trustees that the area comprising the subject right-of-way be declared excess, and that this right-of-way be vacated; and
 
WHEREAS, Wis. Stats. §66.1003(4) authorizes the Board of Trustees to initiate proceedings to vacate and discontinue a public right-of-way in accordance with the requirements of that statute; and
 
WHEREAS such proceedings under Wis. Stats. §66.1003(4) are initiated by the introduction of a resolution declaring that since the public interest requires it, a particular public way is vacated and discontinued; and
 
WHEREAS, attached to this resolution as “Exhibit B” is a proposed resolution to declare this right-of-way excess and to vacate it pursuant to Wis. Stats. §66.1003(4); and
 
WHEREAS, a public hearing must be held on the proposed vacation of this right-of-way in accordance with Wis. Stats. §66.1003(4)(b).
 
NOW THEREFORE, BE IT HEREBY RESOLVED by the Board of Trustees of the Village of Menomonee Falls that the attached resolution is hereby accepted as introduced; and
 
AND BE IT FURTHER RESOLVED that the attached resolution is hereby referred for public hearing and further proceedings as required by Wis. Stats. §66.1003(4).
 
Adopted by the Board of Trustees of the Village of Menomonee Falls on the
         day of ________, 2018.
 
 
                                                            By:     ________________________________                                                                                     Joseph Helm, Village President
 
                                                            Attest: _______________________________   
                                                                        Janice Moyer Village Clerk
 
  Vote: 7 - 0 Motion Carried
             
Presentation of the 2017 Development Report.
  Matt Carran presented the 2017 Development Report.
             
ADJOURNMENT
  It was moved by Tim Newman, Second by Chris Rolenc, to adjourn.
Meeting adjourned at 7:55 PM.
  Vote: 7 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on April 3, 2018
   

    

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