Print Minutes Minutes Packet Return
 Village of Menomonee Falls, Wisconsin

PLAN COMMISSION
MINUTES

 December 3, 2019

 
 
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 Tyler Zwagerman
             
Call to Order
             
Roll Call
             
Approval of Minutes of the November 5, 2019 meeting.
  Motion by Member Chris Rolenc, second by Member Niki Schaumberg to approve the minutes of the November 5, 2019 Plan Commission meeting.
  Vote: 7 - 0 Motion Carried
             

Public Hearings
             
Public hearing on a recommendation to the Village Board of Trustees on the request of BROOK-FALLS VENTURES LLC to amend Conditional Use Permit No. 2-35-11-B allowing BROOK-FALLS VETERINARY HOSPITAL & EXOTIC CARE INC. the ability to extend their hours of operation for the veterinary hospital and pet resort facility located at N48W14850 Lisbon Road, Tax Key Number 139.991.
  No asked to be heard.

The public hearing closed at 6:35 PM.

Action Item:
Consideration of a recommendation to the Village Board of Trustees on the request of BROOK-FALLS VENTURES LLC to amend Conditional Use Permit No. 2-35-11-B allowing BROOK-FALLS VETERINARY HOSPITAL & EXOTIC CARE INC. the ability to extend their hours of operation for the veterinary hospital and pet resort facility located at N48W14850 Lisbon Road, Tax Key Number 139.991.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to recommend the Village Board of Trustees approve the requested Conditional Use Permit amendment 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 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. There shall be no outside storage of new or used equipment, materials or merchandise except for screened areas approved by the Architectural Control Board used for storing refuse containers.
  7. Outdoor kennels and outdoor boarding shall be prohibited.
  8. The hours of operation shall be between 6:00 am and 9:00 pm Monday through Sunday.
  9. All training between the hours of 6:00 pm and 9:00 pm shall occur inside.
  10. The 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.
  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.
  Vote: 7 - 0 Motion Carried
             

Public hearing on a recommendation to the Village Board on the request of MILWAUKEE STEEL RULE DIES to obtain a Conditional Use Permit allowing a light manufacturing business in the C-4 Suburban Retail Business Zoning District located at W187 N8620 Maple Road, on the property identified by Tax Key Number 34.988.004.
  Village Staff reviewed an email received from Mari Schmidt in reference to the concerns of her son, Robert Schmidt, who lives at N86W18539 Elder Lane.

The following people asked to be heard:
John Fischer of Milwaukee Steel Rule Dies, N91 W17782 Saint Regis Drive,    Menomonee Falls, WI 53051.
Paula Weiss, N86 W18429 Main Street, Menomonee Falls 53051

No one else asked to be heard.

The public hearing closed at 6:45 PM.

Action Item:
Consideration of a recommendation to the Village Board on the request of MILWAUKEE STEEL RULE DIES to obtain a Conditional Use Permit allowing a light manufacturing business in the C-4 Suburban Retail Business Zoning District located at W187 N8620 Maple Road, on the property identified by Tax Key Number 34.988.004.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to recommend the Village Board of Trustees approve the requested Conditional Use Permit 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 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 proposed use will not generate any noise, smell or sight that would be disharmonious with the surrounding neighborhood.
  7. All site, and building modifications shall be completed in strict conformity to the approved plans. 
  8. There shall be no outside storage of new or used equipment, materials or merchandise. 

Upon discussion, a motion was made by Member Chris Rolenc second by Member Tony Ash to add a ninth condition stating “Semi-trucks serving the property shall not use Elder Lane.”
Vote: 5 - 2
Nays: Glasgow and Grant.

The recommended conditions of the Conditional Use Permit are as follows:
  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 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 proposed use will not generate any noise, smell or sight that would be disharmonious with the surrounding neighborhood.
  7. All site, and building modifications shall be completed in strict conformity to the approved plans. 
  8. There shall be no outside storage of new or used equipment, materials or merchandise. 
  9. Semi-trucks serving the property shall not use Elder Lane.
  Vote: 7 - 0 Motion Carried
             

Tabled Items
             
Consideration of a recommendation to the Village Board on the request of LANNON STONE PRODUCTS to obtain a conditional use permit allowing the construction of an unpaved mine haul road crossing the Fox River and the permanent storage of overburden on the land located at N64 W19356 Mill Road in the A-1 Agricultural District, FW Floodway, FF Floodfringe, SW Shoreland Wetlands, and the CW-1 Conservancy Wetlands Zoning Districts.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to remove the item from the table.
  Vote: 7 - 0 Motion Carried
  Motion by Member Chris Rolenc, second by Member Anthony Ash to table the item until staff has time to analyze the updated plans.
  Vote: 7 - 0 Motion Carried
             

Unfinished Business
             
Consideration of a recommendation to the Village Board of Trustees on the request of UNITED FINANCIAL GROUP, INC to rezone lands owned by LISBON SENIOR APARTMENTS LLC from the PRD Planned Residential Development District to the P-2 Institutional District.  The subject property is located on the north side of Lisbon Road, approximately ¼ mile east of Lannon Road, on the property identified by Tax Key Number 127.991.009.
  Ryan McMurtrie of United Financial Group, 660 W Ridgeview Drive Appleton, WI  54991, was present to address the Plan Commission.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to recommend the Village Board of Trustees rezone the following lands from the PRD Planned Residential Development District to the P-2 Institutional District.
All that part of Lots 1 and 2 of Certified Survey Map No. 11210, being located in a part of the Southeast 1/4 of the Southwest 1/4 of Section 32, Town 8 North, Range 20 East, in the Village of Menomonee Falls, Waukesha County, Wisconsin, now being more particularly bounded and described as follows:
 
Commencing at the Southeast corner of the said Southwest 1/4 Section; Thence  North 00°01'28" West and along the East line of the said Southwest 1/4 Section, 315.01 feet to the place of beginning of lands hereinafter described;
Thence South 89°03'04" West and along the North line of Certified Survey Map No. 1533, 130.00 feet to a point; Thence North 00°01'28" West and parallel to the said East line of the said Southwest  1/4 Section, 23.41 feet to a point; Thence North 72°04'18" West, 182.21 feet to a point; Thence South 79°05'54" West, 267.64 feet to a point; Thence Northwesterly 64.06 feet along the arc of a curve, whose center lies to the Southwest, whose radius is 270.00 feet, whose central angle is 13°35'35", and whose chord bears North 45°34'58.5" West, 63.91 feet to a point of tangency; Thence North 52°22'46" West, 107.77 feet to a point of curvature; Thence Northwesterly 209.04 feet along the arc of a curve, whose center lies  to  the Northeast, whose radius is 270.00 feet, whose central angle is 44°21'36", and whose chord bears North 30°11'58" West, 203.86 feet to a point of tangency; Thence North 08°01 '10" West, 5.79 feet to a point of curvature; Thence Northeasterly 167.94 feet along the arc of a curve, whose center lies to the Southeast, whose radius is 210.00 feet, whose central angle is 45°49'14", and whose chord bears North 14°53'27" East, 163.50 feet to a point of tangency; Thence North 37°48'04" East, 161.26 feet to a point of curvature; Thence Northeasterly 104.74 feet along the arc of a curve, whose center lies to the Northwest, whose radius is 405.00 feet, whose central angle is 14°49'05", and whose chord bears North 30°23'31.5" East, 104.45 feet to a point; Thence South 67°01'01" East, 116.48 feet to a point; Thence North 76°43'36" East, 163.38 feet to a point; Thence North 89°46'23" East, 340.29 feet to a point on the said East line of the said Southwest 1/4 Section; Thence South 00°01'28" East and along the said East line of the said Southwest 1/4 Section, 688.07 feet to the point of beginning of this description.

Said Parcel contains 464,451 Square Feet (or 10.6623 Acres) of land, more or less.
  Vote: 7 - 0 Motion Carried
             

Appearances
             
Consideration of a recommendation to the Village Board of Trustees on the request of MCMAHON PROPERTIES LLC to amend Conditional Use Permit No. 9-28-03 to allow a bar/restaurant use in the building located at N56W17450 Silver Spring Drive, in the C-1 Neighborhood Business Zoning District with the OC-5 Commercial Service Overlay, on the property identified by Tax Key Number 112.997.002. 
  Pat McMahon of McMahon Properties LLC was present to address the Plan Commission.

No action is required and the mandatory public hearing will be scheduled for the January 7, 2020 Plan Commission meeting.
             

Consideration of preliminary and final approval of a Certified Survey Map splitting lands owned by COLONIAL APPLETON AVENUE, LLC at the mulit-tenant commercial building known as Colonial Plaza shopping center located at N89 W16895 Appleton Avenue, identified by Tax Key Number 11.065.006, C-2 Community Business District with the OVC Village Centre Overlay Zoning District.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to grant Preliminary and Final approval of the Certified Survey Map, subject to the following conditions:
  1. The location of all structures and their setbacks which are located within 20 feet of the subject property shall be added to the Certified Survey Map.
  2. The Village Board Approval shall be removed from the Certified Survey Map.
  3. The name of the person drafting each page shall be placed on the bottom of each page.
  4. The name and address of the owner shall be added to the first page of the Certified Survey Map.
  5. If approved, the applicant shall pay the Fee in Lieu of Dedication ($1,000) and recording fees ($10 per page) prior to recording.
  Vote: 7 - 0 Motion Carried
             

Consideration of preliminary and final approval of a Certified Survey Map splitting lands owned by RICK AND LYNN GARVENS located at N75 W16319 Colony Road, identified by Tax Key Number 60.978.004, R-4 Single Family Residential and Shoreland Wetlands Zoning Districts.
  Paul Curtiss recused himself from the proceedings, and left the room.

Rick Garvens, N75 W16319 Colony Road was present to address the Plan Commission.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to grant Preliminary approval of the Certified Survey Map, subject to the following conditions:
  1. Delineating all wetlands within the Certified Survey map, and showing how a potential single family home could be constructed on the proposed new parcel without causing harm to neighboring properties.
  2. Adding the Surveyor's stamp and signature on each page.
  3. Submitting the Fee in Lieu of Dedication ($1,000) and recording fees ($10 per page) prior to recording.
  Vote: 6 - 0 Motion Carried
  Paul Curtiss returned to the meeting.
             

Conceptual review  on the request of PAUL KOLBECK for a proposed subdivision on lands owned by LAWRENCE SCHMITZ on land located at N72W18211 Good Hope Road in the CDD Conservation Development District, identified by Tax Key Number 82.999.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to approve the sketch plan subject to the following requirements:
  1. The plan shall conform with the Plan Commission approved road layout.
  2. The plan shall contain suitable walking trails meeting the intent of the Conservation Development District.
  3. The plan shall show that at least 75 percent of the Primary Environmental Corridor preserved as common open space.
 
Under discussion, a motion was made by Member Anthony Ash, second by Member Jennifer Grant to amend the original motion to approve the sketch plan with a road layout that does not include additional road access points beyond those shown on the submitted site plan, at Good Hope Road on the north, and toward potentially developable lands to the east.
  Vote: 7 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board of Trustees on the request of VERIDIAN HOMES LLC to rezone lands owned by KENNETH AND ROSEMARIE HELMAN from the A-1 Agricultural Zoning District to the R-7 Single- Family Residential Zoning District.  The subject property is located at N56W20077 & N56W19813 Silver Spring Drive, identified by Tax Key Numbers 126.998 and 126.999.005. 
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to waive the requirement of waiting until the subsequent meeting, and recommend the Village Board of Trustees rezone the following lands from the A-1 Agricultural Zoning District to the R-7 Single - Family Residential Zoning District:

E1/2 NW1/4 NW1/4 SEC 32 T8N R20E EX VOL 1217/635 DOC# 3718907 EX COM NW COR SEC 32 N88°49'14"E 667.47 FT S01°10'46"E 60.00 FT THE BGN N88°49'14"E 264.46 FT N01°10'46"W 10.00 FT N88°49'14"E 250.00 FT S01°10'46"E 10.00 FT N88°49'14"E 153.68 FT S00°29'34"E 5.00 FT S88°49'14"W 668.14 FT N00°29'34"W 5.00 FT TO BGN

AND

PT LOT 2 CSM #8541 VOL 75/60 REC AS DOC #2321633 PT NW1/4 SEC 32 T8N R20E :: EX HWY PER DOC #3950314 :: DOC #1093102
  Vote: 7 - 0 Motion Carried
             

Approval of the EDGEWOOD PRESERVE Preliminary Plat proposed on the North side of Good Hope Road, East of Town Hall Road.  The land is located in the R-3.5 Single Family Residential District and CDD Conservation Development District, on two parcels of land identified by Tax Key Numbers 64.985 and 64.986.
  Motion by Member Anthony Ash, second by Member Paul Curtiss to table the item to give the applicant time to finalize the details of the plan.
  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 Hillside Lane and a portion of Nor-X-Way Avenue. The subject land is located directly to the north and east of the parcel identified by Tax Key Number 9.985.
  Motion by Member Chris Rolenc, second by Member Paul Curtiss to recommend the Village Board of Trustees approv a Resolution accepting the introduction of and referring for public hearing and proceedings regarding the vacation of Hillside Lane north of the parcel identified by Tax Key Number 9.985 and a portion of Nor-X-Way Avenue east of the parcel identified by Tax Key Number 9.985.
  Vote: 7 - 0 Motion Carried
             

Consideration of a recommendation to the Village Board regarding an Ordinance amending Section 122-669 restricting the maximum allowable height for fences, walls, and screening devices.
  Motion by Member Chris Rolenc, second by Member Anthony Ash to waive the 30-day waiting period, and recommend the Village Board of Trustees adopt an ordinance amending section 122-669 of the Municipal Code regarding the maximum height of fences, walls and screening devices.
  Vote: 7 - 0 Motion Carried
             
Adjournment
  Motion by Member Chris Rolenc, second by Member Anthony Ash to adjourn. Meeting adjourned at 9:09 PM.
  Vote: 7 - 0 Motion Carried
Submitted by Matthew A. Carran, Plan Commission Secretary
Minutes transcribed by Gabriel Gilbertson, Planner
Minutes approved on January 7, 2020
   

    

Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2020 Destiny Software Inc. All Rights Reserved.