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Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

August 8, 2017

Meeting called to order at 6:30 pm.

Present:	Joseph Helm, Chairperson; Paul Tadda; Anthony Ash; Tim Newman; Chris Rolenc; Nate Amack
Absent:	Sharon Ellis
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 July 11, 2017 meeting.


				Motion by Tim Newman, second by Chris Rolenc to approve the minutes of the July 11, 2017 Plan Commission meeting.

				Vote: 6 - 0 Motion Carried

				PUBLIC HEARINGS

				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 AUDREY & JIM WESP located at the Northwest corner of Appleton Avenue and Lilly Road, in the Northeast 1/4 of Section 14, Tax Key Number 53.990, R-1 Single Family Residential Zoning District.
				Staff received letters and/or emails in support of the request from the following people: John Dienhart, W164 N8540 Hiawatha Avenue Cathryn Eggers, N75W14257 Northpoint Drive Staff received letters and/or emails in opposition of the request from the following people: Curt Witynski, Assistant Director of the League of Wisconsin Municipalities Peter Nygaard, W142N8291 Merrimac Dr Malissa Misch, N75W13848 Appleton Ave Udo Misch, N75W13848 Appleton Ave Kathy Misch, W140N7414 Lilly Rd Joe Greco, N74W15994 Stonewood Dr Bozena Simon, M.D. on behalf of her patient Theresa Taubenheim, owner of home at W140 N7905 Lilly Road Julie Woodall, N70W14817 Terrace Dr Guy Smith, President and CEO of Lilly Creek Capital Partners LLC Mary Ann Hoople, N79W14930 Homestead Dr Steve Raymonds, N76W13657 Upper Cir Barb Schmit, N80W14075 St. George Ct Lisa Koenigs, W136N7707 North Hills Dr Robert Schlosser, W140N7948 Lilly Rd Claire Kutty, W140N7866 Lilly Rd Steve Schmit, N80W14075 St. George Ct Penney Waggoner, W140N7616 Lilly Rd Gary Sherwin, N76W14336 North Point Dr David Stark, N75W13854 Appleton Ave Jack Werner, W140N7943 Lilly Rd Ted and Debbie Davis, N75W13852 Appleton Ave Copies of all received correspondence are attached to the minutes. Village Staff outlined the request and a memorandum from the Village Legal Department discussing the “Scope of Municipal Authority in Regulating the Construction and Placement of New Telecommunication Towers.” Village Staff also introduced a map showing the location of all 22 Telecommunication sites in the Village, as well as the proposed location. Finally, Staff noted the letters and emails received prior to the public hearing (noted above). The following people asked to be heard: Gary Sherwin, N76W14336 North Point Drive, mentioned his letter sent to the Plan Commission, and read an Affidavit of Robert J. Schlosser (attached to the minutes). Penelope Waggoner, W140N7616 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition, presented a copy of her speech (attached to the minutes) and a petition opposed to the request signed by 512 people (copy attached to minutes). Claire Kutty, W140N7866 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition Cary Hamann, W142N7842 Thorndell Drive, Menomonee Falls, WI 53051 spoke in opposition. Ross Reinke, N82W14792 Oxford Street, Menomonee Falls, WI 53051 spoke in opposition. Jessica Kruse, N86W18063 Main Street, Menomonee Falls, WI 53051 spoke in opposition. Donald Gorzek, W140N7770 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition and presented a copy of his speech (attached to the minutes). Sue Gorzek, W140N7770 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition Janet Sherwin, N76W14336 North Point Drive, Menomonee Falls, WI 53051 spoke in opposition. Brad Hurt, W142N7806 Thorndell Drive, Menomonee Falls, WI 53051 spoke in opposition. Joe Greco, N74W15994 Stonewood Drive, Menomonee Falls, WI 53051 spoke in opposition. Mary Stark, N75W13854 Appleton Avenue, Menomonee Falls, WI 53051 spoke in opposition. Mark Kruse, N86W18063 Main Street, Menomonee Falls, WI 53051 spoke in opposition. Ronald Tubenheim, W140N7905 Lilly Road, Menomonee Falls, WI 53051 spoke in opposition. David Stark, N75W13854 Appleton Avenue, Menomonee Falls, WI 53051 spoke in opposition. Vicki Brushaber, N76W14335 North Point Drive, Menomonee Falls, WI 53051 spoke in opposition Carole McGibany, W157N7761 Remington Trail, Menomonee Falls, WI 53051 spoke in opposition Steve Raymonds, N76W13657 Upper Circle, Menomonee Falls, WI 53051 spoke in opposition and presented a copy of his speech (attached to the minutes). Public hearing closed at 7:17 PM.


				Motion by Paul Tadda, second by Tim Newman to recommend the Village Board of Trustees deny the conditional use permit based on the following reasons: Adverse effects on property values The proposed site’s location as the gateway to the Village Negative effects on future development in the area

				Vote: 6 - 0 Motion Carried

				Consideration of a recommendation to the Village Board of Trustees on the request of CAPRI SENIOR COMMUNITIES to obtain a Conditional Use Permit for a senior housing community proposed adjacent to the Grace Evangelical Lutheran Church. The proposed development would be located on the South side of County Line Road between Cross View Way and the high tension power lines, in the Northeast ¼ of Section 5, Part of Tax Key Number 18.999.005, P-2 Institutional District.
				Eric Walesh, working for Capri Senior Communities, was present to provide an overview of the project. The following people asked to be heard: Gary Klusmeyer and Diane Barber, N96 W19145 County Line Road, WI 53051 spoke in opposition. Jill Paddock, N96 W19777 County Line Road, Menomonee Falls, WI 53051 spoke in opposition. Kenneth Merget, W188 N9450 Maple Road, Menomonee Falls, WI 53051 spoke in opposition. Kerry Wagner, N92 W19828 Wellington Drive, Menomonee Falls, WI 53051 spoke in opposition. Deborah Tomczyk of Reinhart Boerner Van Deuren Attorneys at Law, representing Grace Evangelical Lutheran Church spoke on behalf of the Church. Public hearing closed at 7:36 PM.

Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board grant a Conditional Use Permit allowing a senior housing community subject to the following bulleted items being reconciled and the numbered conditions running with the conditional use permit:

Compliance with all Engineering Department comments contained on page 2 and 3 of the August 8, 2017 Plan Commission staff report.
Menomonee Falls and Germantown finalizing an agreement where Germantown furnishes municipal sewer and water to the project prior to the issuance of a building permit.

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.
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.
This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
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.
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.
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.
All parking and driveway areas shall be paved with asphalt or concrete.
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.
There shall be no outside storage of new or used equipment, materials or merchandise other than screened areas for the storage of refuse containers approved by the Architectural Control Board.
Snow shall be stored in a manner that does not adversely impact abutting properties.
Deliveries shall be prohibited between the hours of 10:00 P.M. and 7:00 A.M.

				Vote: 6 - 0 Motion Carried

				Consideration of a recommendation to the Village Board of Trustees on the request of TOWN REALTY INC dba ZILBER PROPERTY GROUP to obtain a Yard Adjustment allowing the construction of a speculative industrial building located on the north side of Manhardt Drive, in the Southwest 1/4 of Section 25, Tax Key Number 99.999.003, 1-1 Light Industrial District.
				Commissioner Ash recused himself from the discussion and left the room. Steve Smith of Stephen Perry Smith Architects was present to provide an overview of the project. The following people asked to be heard: Charles Moser, N60W13787 Weyerhaven Drive, Menomonee Falls, WI 53051 raised concerns. Mateusz Ryszard Klos, N79W15442 Goldenrod Drive, Menomonee Falls, WI 53051 spoke in opposition. Public hearing closed at 7:57 PM.


				Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve a Yard Adjustment allowing the construction of a speculative industrial building located on the north side of Manhardt Drive, subject to the issuance of an industrial use approval for the site.

				Vote: 5 - 0 Motion Carried

				TABLED ITEMS

				Consideration of an industrial use approval and a recommendation to the Village Board regarding a yard adjustment for TOWN REALTY INC dba ZILBER PROPERTY GROUP to construct a speculative industrial building located on the north side of Manhardt Drive, in the Southwest 1/4 of Section 25, Tax Key Number 99.999.003, 1-1 Light Industrial District.

Motion by Tim Newman, second by Chris Rolenc to remove the item from the table and approve the Industrial Use subject to compliance with all the bullet points below prior to the issuance of a building permit, and the Industrial Use complying with the numbered conditions listed below:

Compliance with the Department of Engineering comments contained on page 4 of this Staff Report.
The Village Board granting a yard adjustment allowing the proposed building to be constructed 50 feet from the North property line.
Submitting a lighting plan meeting the requirements of Section 122-651 of the municipal code.
The applicant will need approval from the adjacent property owner to the East allowing modifications to the existing private stormwater easement along the North property line.
Submitting a copy of the modified stormwater easement.
Submitting a landscape plan that meets the requirements of the Municipal Code to the Architectural Control Board to review and approve.

There shall be no outside storage of new or used equipment, materials or merchandise.
Completing the site, building, and landscaping in strict conformity to the plans approved by the Architectural Control Board. Any deviation in color, material, landscaping, or other architectural detail shall be returned to the Architectural Control Board for re-approval.
Areas not used for parking or drives shall be landscaped according to the plan approve by the Architectural Control Board and shall be neatly maintained at all times.
Any retaining wall exceeding 4 feet in height must be designed and its construction supervised by a professional engineer as required by Village Code.
Village standard flared driveway approaches shall be used for the development.
There shall be no long-term storage of semitrailers on the subject property.
All parking lot lights shall be turned off within 1 hour after the last shift ends, and remain off until 30 minutes prior to the first shift beginning.
The doors on the North side of the building shall be utilized for emergency exits only, and shall remain closed except in an emergency.
The emergency lighting over the exit doors shall be shielded to direct the light downward.

				Vote: 5 - 0 Motion Carried
				Commissioner Ash rejoined the meeting.

				APPEARANCES

				Consideration of a recommendation to the Village Board of Trustees regarding the Final Plat for the LILLY CREEK HIGHLANDS V Subdivision located at the northwest corner of Daylily Drive and Northfield Drive, in the Northeast, Northwest, Southwest and Southeast ¼’s of Section 24, Part of the parcel identified by 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 V subject to the following conditions:

Extending the sidewalk along the Northside of Northfield Drive to the intersection of Northfield Drive and Daylily Drive.
Adding the following verbiage to the Outlot note:

“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.”

The following note shall be added 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.”

Compliance with the Engineering comments listed on pages 4 and 5 of the August 8, 2017 Plan Commission Staff Report.
Compliance with the Department of Community Development comments on pages 5 and 6 of the August 8, 2017 Plan Commission Staff Report.
Receiving a “Certification of No Objection” letter from the Wisconsin Department of Administration.
Identifying the limit of the Isolated Natural Resource Area on the final plat.
Modifying the title of the “Wetland Preservation” note to “Wetland and Isolated Natural Resource Area Restrictions”.

				Vote: 6 - 0 Motion Carried

				Consideration, deliberation and a possible decision on the request of KWIK TRIP INC to obtain a sign exception allowing KWIK TRIP to exceed the allowable number of wall signs. The subject property is located near 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.
				Troy Mleviza of Kwik Trip, PO Box 26672, Wauwatosa, WI 53226, was present to address the Plan Commission. Motion by Anthony Ash to not waive the requirement of a public hearing. Since the public hearing can only be waived with a unanimous motion of the Plan Commission, a public hearing will be scheduled for the September 12, 2017 Plan Commission meeting.

				Consideration of a recommendation to the Village Board of Trustees on the request of COSTCO WHOLESALE to amend Conditional Use Permit 1-3-15 allowing the sale of Christmas trees in the parking lot and exterior tents for the advertisement of Costco services. The subject site is located at W165 N9235 Pershing Avenue, in the Southeast ¼ of Section 3, Tax Key Number 9.987.006, Planned Development District No. 2.
				Rusty Herr of Costco Wholesale was present to address the Plan Commission.


				Motion by Anthony Ash, second by Chris Rolenc to waive the requirement of a public hearing.

Vote: 6 - 0 Motion Carried

Motion by Tim Newman, second by Anthony Ash to recommend the Village Board amend Conditional Use Permit 1-3-15 allowing the outdoor sales of Christmas trees and an outdoor tent for marketing purposes subject to the following bulleted point and the 21 conditions running with the permit:

The semitrailer shall be located parallel to the east side of the fueling station and the tent shall be located on the north end of the fueling station.

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.
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.
This Permit is subject to amendment and termination in accordance with the provisions of the Zoning Code of this Village.
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.
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.
There shall be no outside storage of new or used, equipment, materials or merchandise, except for items specifically approved by the Architectural Control Board.
The site, building and landscaping 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.
The hours of operation shall be between 8:00 AM and 9:00 PM on a daily basis for the tire service facilities and the general warehouse. The hours of operation for the fueling facility shall be between 6:00 AM and 10:00 PM.
A security plan approved by the Menomonee Falls Police Department shall be in effect at all times.
Snow shall not be stored in a manner that adversely impacts abutting properties.
No speakers or public address system shall be permitted outside.
Signs shall be placed on the property that prohibits loitering and unauthorized parking of vehicles.
The employees on site shall pick up garbage and blowing debris on the site and abutting right of ways on a daily basis.
All shopping carts, or other devices used to transport merchandise shall be picked up a minimum of three (3) times a day, and when removed from the parking lot, stored inside.
One semi-trailer shall be permitted in the parking lot at a location approved by the Village Board between November 1 and December 31 for the purpose of storing Christmas trees.
The sale of Christmas trees shall be indoors and only occur between 8:00 AM and 9:00 PM on a daily basis.
There shall be no outdoor display of Christmas trees.
One 10’x10’ tent shall be permitted at a location approved by the Village Board, between March 1 and October 31, for the purposes of marketing member benefits.
The tent shall be maintained in an aesthetically pleasing fashion.
The hours of operation for the canopy shall be between 6:00 AM and 9:00 PM. There shall be no outdoor display or storage of merchandise and products.
Any violations of these conditions will be considered a violation of the Zoning Ordinance, and appropriate citations will be issued.

				Vote: 6 - 0 Motion Carried

				Consideration of a recommendation to the Village Board of Trustees regarding a request of WILLIAM AND BRENDA HARLOW to acquire lands west of the Good Hope Subdivision, and south of the property at N72W17575 Good Hope Road. The subject lands are located in the Northeast ¼ of Section 21, identified by Tax Key Numbers 81.995, A-1 Agricultural and Shoreland Wetland Zoning Districts.


				Motion by Tim Newman, second by Chris Rolenc to recommend the Village Board of Trustees approve the sale of the referenced lands, subject to the property owners granting the 25 foot easement shown on the attached exhibit.

				Vote: 6 - 0 Motion Carried

				Initial discussion regarding the request of THE VILLAGE OF MENOMONEE FALLS to adopt an Ordinance amending the land use component of the Comprehensive Plan for the land located on the Northeast side of Russel Court, from the Park/Open Space Land Use Classification to the Low Density Residential Land Use Classification. The subject parcel is located in the Southwest ¼ of Section 34, and identified by Tax Key Number 135.996.002.
				No action is required, as a mandatory public hearing will be scheduled for the September 12, 2017 Plan Commission meeting.

				Initial discussion regarding the request of THE VILLAGE OF MENOMONEE FALLS to adopt an Ordinance amending the land use component of the Comprehensive Plan for the lands located at the northwest and northeast corners of Russel Court and Lisbon Road, from the Commercial Land Use Classification to the Low Density Residential Land Use Classification. The subject parcels are located in the Southwest ¼ of Section 34, and identified by Tax Key Numbers 135.996.003, 135.996.004, and 135.997.
				No action is required, as a mandatory public hearing will be scheduled for the September 12, 2017 Plan Commission meeting.

				Consideration of a recommendation to the Village Board of Trustees to rezone lands currently owned by the VILLAGE OF MENOMONEE FALLS located at the northwest corner of Russel Court and Lisbon Road, from the C-1 Neighborhood Business District to the R-3 Single Family Residential District. The subject parcels are located in the Southwest ¼ of Section 34, and identified by Tax Key Numbers 135.996.003, 135.996.004, and 135.997.
				No action taken.

				ADJOURNMENT


				Motion by Tim Newman, second by Chris Rolenc to adjourn. Meeting adjourned at 8:35PM.

Vote: 6 - 0 Motion Carried

Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on September 12, 2017