TOWN OF GENESEE PLAN COMMISSION MINUTES

FEBRUARY 26, 2007

 

 

Present:             Engelking, Girman, Houston, Reid, Ross, Turzynski

 

Also Present:     Leair, Herrmann, Friedlein

 

Meeting called to order at 7:00 PM by Mrs. Leair.

 

Discussion/Action-Request for Special Events in 2007 – Wern Valley Sportsmen Club

 

Mr. Williams was present and explained the events being requested are the Miller-Lite Sporting Clay Championship on June 8-10, 2007, hours 8:00 AM to Sunset and the Great Cancer Shootout (4th year) on Saturday, July 28, 2007 beginning at 9:00 AM  and ending no later than 12:00 AM.  The event would include fireworks, tent, music, shooting and various fundraising activities. 

 

Mr. Williams also mentioned the possibility of putting up a tent in the parking lot for events.  The tent would be up from June 1 through August, 2007.  Mr. Williams wasn’t sure if he would be doing this or not.  The consensus of the Plan Commissioners was that they didn’t see a problem with the tent being erected for that period of time.  Mr. Williams may construct a pavilion or shelter building in the future and by having the tent, he could see how it works out before putting up a permanent structure.    If Mr. Williams would decide to put up the tent, he would have to comply with the conditions in our Town Planners memo dated 2-19-07.  A location map and tent size shall be presented to the Town Planner for review and approval prior to the tent being erected. 

 

There shall be no consumption of alcoholic beverages under the tent area unless Mr. Williams goes before the Town Board to extend his premise.

 

       Memorandum

To:                  Town of Genesee Plan Commission

From:             Jeffrey C. Herrmann, Town Administrator/Planner

Date:                          02/19/07

Re:                              Wern Valley – Special Events

The purpose of this memo is to provide the Town Plan Commission with information regarding the request of Wern Valley Sportsmen’s Club for two (2) special events for the 2007 calendar year and the possibility of erecting a tent and leaving it up for the summer season (June – August).  According to the Conditional Use Permit, Wern Valley is allowed to have Twelve (12) special events per year for over 100 persons. 

The first event being requested by the petitioner is “The Miller-Lite Sporting Clay Championship” on June 8 – 10, 2007.  The shooting would occur from 8:00 a.m. to sunset on all three (3) days.  In 2006, approximately 300 shooters from 11 different states participated in the event.  The second event is “The Great Cancer Shootout on Saturday, July 28, 2007.  This will be the forth year of the event with activities including fireworks, live music, shooting and fundraising.  The activities take place throughout the day with the events ending no later than 12:00 a.m. (midnight).  This is the biggest event that the club has with over 600 entries in 2006, which raised over $40,000.00 and a three (3) year total of about ($104,000.00).

In addition to the above events, the petitioner is requesting permission to erect a large tent in the beginning of June and leaving the tent up until the end of August.  The petitioner is considering constructing a pavilion or shelter building at some time in the future.  However, he would like to try the leaving the tent up and see how it works with the above events and with some of the smaller events that club has over the summer season.

It is important to note, that the Town of Genesee has not received any complaints over the past several years regarding the events and the operation of the club.  The club has done a good job of notifying the Town of Genesee of their large events and has run a quality operation.

Based on the proposed request and the information submitted, the Town Planner recommends the Town Plan Commission approve the request subject to the following conditions:

1.                  Subject to the events, as stated above, occurring on the date specified above and operated in a congenial manner.

2.                  Subject to the petitioner obtaining all necessary permits, licenses and approvals (i.e. liquor, restaurant and sanitation).  There shall be no consumption of alcoholic beverages under tent area unless the owner updates the liquor license to include the consumption of alcoholic beverages from the tent area.  The updated liquor license shall be reviewed and acted upon by the Town of Genesee Town Board, prior to the consumption of alcohol under the tent. 

3.                  Subject to any special permits required by the Town of Genesee being issued prior to said event taking place.

4.                  Subject to the tent being erected no earlier than June 1, 2007 and said tent being removed no later than August 31, 2007.  The Tent is approved for 2007 only and if the petitioner wishes to erect a tent in 2008, he shall apply for the tent at the time of application for the special events. 

5.                  A location map and tent size shall be presented to the Town Planner for review and approval, prior to the tent being erected.

Subject to the owner’s making payments, in full, to the Town of Genesee of all costs, taxes and assessments owed by the owner of the property, including reimbursement for professional fees, due and owing to the Town of Genesee

 

Motion by Mr. Engelking to approve the request of Wern Valley Sportsmens Club for the two special events, Miller-Lite Sporting Clay Championship, June 8-10, 2007 and the Great Cancer Shootout on July 28, 2007 as presented here tonight including the approval for the erection of the  tent, subject to the conditions of our Town Planner in his memorandum dated 2-19-07 and subject to approval from the Town Board for the extension of the liquor license to include the tent area for these two events.  Motion seconded by Mr. Houston.  Motion carried unanimously.

 

Discussion/Action-Hobby Kennel Permit – Todd Cannon, W339 S3050 CTH “C”

 

Mr. Cannon was present and explained that they have three (3) dogs and three would be the maximum amount of dogs that they will have.  He said the dogs are family pets and are kept inside.

They now have two toy poodles and one standard poodle.  All three dogs are licensed by the Town of Genesee. 

 

Opened to the floor for comment.  There were no comments from the floor.  Brought back to the table to comment.  No complaints were received by the Town.

 

Motion by Mr. Ross to approve the hobby kennel request of Mr. Cannon for a maximum of  three (3) dogs, any three dogs and subject to the standard conditions for the hobby kennel.  Motion seconded by Mr. Engelking.  Motion carried unanimously.    

 

Discussion/Action-Review and final approval of conditions of approval for Chris and Katie Joyce.  Amendment to Conditional Use/Plan of Operation Permit for Horse Boarding and approval of a long range plan that sets forth other future modifications, such as the construction of a new residence and a new storage barn to replaced the existing residence and barn that will be required to be removed to accommodate the widening of S.T.H. 83.

 

 

Memorandum

To:                  Town of Genesee Plan Commission

From:              Jeffrey C. Herrmann, Town Administrator/Planner

Date:               02/19/07

Re:                  Joyce – Conditional Use Request

On January 22, 2007, the Town of Genesee Plan Commission held a joint public hearing with a staff member of the Waukesha County Department of Parks and Land Use Staff to consider an amendment to the Conditional Use Permit (CU-1368B) for Kathleen Joyce, W300 S6215 S.T.H. 83, Mukwonago, Wisconsin to allow a second floor apartment in the horse barn/indoor riding arena and the approval of a long range plan that sets forth other future modifications, such as the construction of a new residence to replace the existing residence that will be required to be removed to accommodate the widening  of S.T.H. 83, the addition of a 12 ft. x 20 ft. overhang and a 25 ft. x 60 ft. overhang on the horse barn/riding arena and entrance gates on S.T.H. 83.  After considerable discussion (following the public hearing) the Town of Genesee Plan Commission voted unanimously to approve the request subject to review and approval of conditions drafted by the Town Planner and Town Attorney.

After reviewing the petitioners request and the comments made at the public hearing, the Town Planner and Town Attorney recommend the Town of Genesee Plan Commission recommend to Waukesha County Department of Parks and Land Use to approve the proposed request subject to the following conditions:

  1. Uses authorized by this conditional use are limited to the following:

 

A.                 The uses authorized by the Conditional Use previously granted for Rosebury Farm in the Conditional Use known as CU-1368 Rosebury Farm dated April 27, 2005 and subsequently amended (CU-1368A) on August 14, 2006, except as expressly modified herein;

 

B.                 A second floor apartment in the horse barn/indoor riding arena:

 

C.                 Uses outlined in a long range plan on file with the Town Clerk dated January 5th, 2007 that sets forth other future modifications, such as the construction of a new residence to replace the existing residence, however this is a conceptual approval only at this time. Prior to construction of the new residence or other future modifications, the applicant must submit the proposed plans to the Town Planner for consideration, and the Town Planner reserves the right to approve, deny, or require said plans be submitted to the Town Plan Commission for consideration and/or determination if an amendment of the construction plans and the possible impact upon the property as a whole;

 

D.                 The addition of a 12 foot by 20 foot overhang and a 25 foot by 60 foot overhang on the horse barn/riding arena and entrance gates on State Trunk Highway 83, however these are granted only conceptual approval at this time. Prior to constructing these additional facilities and additions, the applicant must submit definite plans to the Town Planner for consideration and the Town Planner reserves the right to approve, deny, or require said plans be submitted to the Town Plan Commission for consideration and/or determination if an amendment of the conditional use is necessary at that time in light of the proposed construction plans and the possible impact upon the property as a whole;

 

  1. Subject to the petitioner recording an Addendum to the previously recorded Declaration of Restrictions indicating the proposed changes and the conditions imposed as part of the proposed changes.  Said Declaration shall be submitted to and is subject to the approval of the Town Planner and Town Attorney prior to recordation.  The Addendum shall be recorded in the Waukesha County Register of Deeds Office prior to the issuance of any permits. 

 

  1. The second floor apartment shall only be rented, used or occupied as quarters for household or farm employees.  In no case shall the apartment be rented to someone not affiliated with or employed by the farm operation. 

 

  1. Subject to the Town Building Inspector reviewing and approving the proposed plans for the second floor apartment prior to the issuance of a Building Permit.

 

  1. Subject to a detailed plat of survey showing the location of the new residence and the location of the well and septic area being submitted to and being approved by the Town Planner and Town Building Inspector prior to the issuance of any permits for the new residence.  The new residence shall comply with all location requirements of Waukesha County, unless a waiver is approved by the Town of Genesee Plan Commission and a variance is approved by the Waukesha County Board of Adjustment. 

 

  1. Subject to the Waukesha County Department of Parks and Land Use, Environmental Health Division reviewing and approving the existing septic system and well for the proposed second floor apartment prior to the issuance of a Conditional Use Permit.

 

  1. The Conditional Use Permit is granted for and limited to the area described in this conditional use order on Exhibit A attached hereto and incorporated herein by reference.

 

  1. Subject to all laws, ordinances, regulations and rules of the State, County, Town and USA.

 

9.     The applicant shall allow the premises to be available for inspection by the Town of Genesee officials and their agents at any reasonable time and upon reasonable notice.

 

  1. Subject to a letter from the owner acknowledging and accepting all terms and conditions of this Conditional Use Permit being submitted to the Town of Genesee Clerk, prior to issuance of any permits.

 

11.  The Town reserves the right to review any condition imposed as part of this Conditional Use if said use becomes a problem in the area.  The Town Plan Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area without the necessity of having a public hearing.  Any major change, as determined by the Town Plan Commission and Waukesha County shall follow the Conditional Use procedure of the Waukesha County Zoning Ordinance.

 

12.  Petitioner shall, on demand, reimburse the Town of Genesee for all costs and expenses of any type that the Town incurs in connection with this conditional use permit, including the cost of professional services incurred by the Town of Genesee (including engineering, legal, planning and other consulting fees) and for the review and preparation of the conditional use permit or attendance at meetings or related professional services for this application, as well as for any actions that the Town of Genesee is required to take to enforce the conditions in this conditional use permit due to a violation of these conditions.  All fees due and owing at the time shall be paid prior to the issuance of the conditional use permit, and such fees coming due following the issuance of the conditional use permit shall be paid within thirty (30) days of billing.

 

13.  Payment of Charges.  Any unpaid bills owed to the Town by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of the billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes.  Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the approval.

 

14.  There shall be a maximum of eight (8) employees.  

 

 

Motion by Mr. Engelking to approve the final conditions of approval for the Conditional Use Request of Chris and Katie Joyce for the addition of a second floor apartment in the hose barn/indoor riding arena and approval of a long range plan that sets forth other future modifications such as construction of a new residence and a new storage barn to replace the existing resident and barn that will be required to be removed to accommodate the widening of S.T.H. 83 subject to the conditions of our Town Planner in his memorandum dated 2-19-07 with the addition of condition # 14 that includes a maximum of eight (8) employees for the horse boarding operation.  Motion seconded by Mr. Houston.  Motion carried unanimously. 

 

Discussion/Action-CSM-Frederick Kipp, CTH ZZ

 

This is the creation of a 6.46 acre parcel, which is the result of combining a portion of two properties for the creation of one parcel.  This parcel is being created so that the Kipp’s daughter and son-in-law can build a house on this parcel.  The Kipp’s stated at the conceptual review that they would not be developing anymore of this property.  A large portion of the remaining acreage is leased to Genesee Aggregate for extractive use over the next 40 years. 

 

Mr. Herrmann’s Report and Recommendation:

TOWN OF GENESEE PLAN COMMISSION & TOWN BOARD

PLANNER’S REPORT AND RECOMMENDATION

CERTIFIED SURVEY MAP

 

PROJECT NAME:                             Kipp CSM

 

DATE:                                                            February 19, 2007

 

OWNER:                                            Frederick Kipp

                                                            P.O. Box 291

                                                            North Prairie, WI 53153

 

TAX KEY NO.:                                  GNT 1559.998

 

LOCATION:                                      Part of the SW ¼ of the SE ¼ and part of the SE ¼ of the SW ¼ of Section 29, Township 6 North, Range 18 East in the Town of Genesee, Waukesha County

 

ZONING CLASSIFICATION:          A-P Agricultural Land Preservation District.

 

LOT SIZE:                                         125 Acres

 

REQUESTED USES:                         A one (1) lot Certified Survey Map (CSM).

 

COMPLIANCE WITH THE WAUKESHA COUNTY DEVELOPMENT PLAN:

The Waukesha County Development Plan designates this property in the Extractive category.  However, this portion of the property is not included in the lands leased to Genesee Aggregate.  The Town Plan Commission has determined that the Waukesha County Land Use Plan does not need to be amended at this time to allow the proposed division.  However, the petitioner should be made aware that any future land divisions would require an amendment to the Waukesha County Development prior to the Town approving any future land divisions.

 

PLANNER’S ANALYSIS:

The petitioner is seeking approval of a Certified Survey Map (CSM) for the creation of a 6.46 acre parcel.  The new parcel is the resultant combination of a portion of two (2) properties for the creation of one (1) new parcel. The petitioner currently owns two (2) larger tracts of land.  The largest tract is approximately 79.65 acres and the smaller tract is about 45 acres.  The petitioner is proposing to utilize about 2.81 acres from the larger lot and approximately 3.65 acres from the smaller parcel to create a new 6.46 acre parcel of land.  The new lot will be served by a private on-site waste disposal system and private well and will be for the construction a new single-family residence for a family member. 

 

The petitioner does not intend to combine the remaining lands into one (1) parcel at this time.  Much of the remaining lands are under contract with Genesee Aggregate for extractive use over the next forty (40) years.  The petitioner has requested that the 6.4 acre parcel be created by CSM, but be allowed not to show the remnant parcels on the CSM. 

 

The Waukesha County Department of Public Works reviewed the conceptual CSM and indicated the property has enough frontage for four access points and site distance should not be a problem.

 

In completing a detailed review of the CSM dated February 2, 2007, I have found the following items must be added to or corrected on the map or waived by the Plan Commission and Town Board in order to comply with the Town’s Land Division Ordinance:

 

Section 2.06 (E)          Steep Slopes in excess of 20 percent shall be shown on the CSM (if                                                applicable).

 

Section 2.06 (J)           Remnants 20 acres or larger must be a part of the CSM unless waived by                                        the Plan Commission and Town Board.  The owner must provide proof                                          that any remnant in excess of twenty (20) acres not shown on the CSM is                                         able to support an onsite private waste disposal system.

 

Section 4.01                 The map scale shall be not more than 100 feet to the inch.

 

Section 5.02 (E)          All utility and/or drainage easements shall be shown on the final CSM.

 

Section 6.06                Duplicate CSM to be Filed; An identical reproducible copy (on stable drafting film at least 4 mils thick) along with the recording data shall be placed on file with the Town Clerk.

 

Section 7.02 (A)          A planting strip at least 30 feet in depth shall be provided adjacent to C.T.H. ZZ.  This strip shall be a part of the platted lots but shall have the following restriction lettered on the face of the plat: “This strip reserved for the planting of trees and shrubs, the building of structures hereon is prohibited.”

 

PLANNER’S RECOMMENDATION:

Based on the above information, the Town Planner recommends that the Town Plan Commission recommend to the Town Board to approve the CSM subject to the aforementioned conditions being satisfied prior to Town signing the final CSM and subject to the following:

 

1.         Subject to the developer satisfying all comments, conditions and concerns of the Town  Engineer, the Town Planner and all reviewing, objecting and approving bodies, including but not limited to the State of Wisconsin Department of Commerce per ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code; State of Wisconsin Department of Administration per ch. 236, Wisconsin Statutes; the Waukesha County Department of Public Works; the Waukesha County Department of Parks and Land Use (if applicable) and the Village of North Prairie (if applicable) in regard to the CSM, prior to the Town signing the final CSM.

2.         A note shall be placed on the face of the final CSM stating, “The lot shall not be further divided absent the express written approval of the Town Board of the Town of Genesee.  No new lots or outlots shall be created absent the express written approval of the Town Board of the Town of Genesee.  No lot line shall be adjusted or reconfigured in any way absent the express written approval of the Town Board of the Town of Genesee or unless otherwise expressly authorized by law.”

 

3.         Under Chapter 236.20 (3)(d) of the Wisconsin State Statutes, the names of adjoining streets, state highways and subdivisions shown in their proper location shall be  underscored by a dotted or dashed line. 

 

4.         The signature block for Waukesha County appears to be inaccurate.  Please review the signature block with Waukesha County and make any necessary changes prior to submitting the final CSM for signatures.

 

5.         There shall be no commercial or business use on the lot, except as specifically permitted pursuant to the applicable Zoning Code.

 

6.         Subject to, prior to the Town signing the final CSM, all other required signatures must be inscribed on the final CSM.

 

7.         Any and all waivers reviewed and approved by the Town Plan Commission and Town Board shall be noted on the final CSM.  The Town Planner shall approve the language of the note.

 

8.         All existing and proposed easements shall be shown.

 

9.         Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.

 

10.     Professional fees.  Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this development, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions.

 

11.     Payment of Charges.  Any unpaid bills owed to the Town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; of for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes.  Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval.

 

This submittal is a C.S.M., which gives the Town Plan Commission 45 days and the Town Board 60 days to take action.  The Town received the CSM on February 5, 2007, giving the Town Plan Commission until March 22, 2007 and the Town Board until April 6, 2007 to take action, unless an extension is granted in writing by the developer.

 

Respectfully submitted,

 

Jeffrey C. Herrmann, AICP

Town Administrator/Planner

 

Motion by Mr. Girman to recommend to the Town Board, approval of the CSM for Frederick Kipp subject to the conditions and pending issues in our Town Planners report and recommendation dated February19, 2007.  Motion seconded by Mr. Engelking.  Motion carried unanimously.

 

Discussion/Action-Waiver from Section 2.06 (J) of the Town of Genesee Land Division and Development Ordinance to not show remnant parcel on CSM-Kipp.

 

Mr. Herrmann said there is a 40 acre piece and a 80 acres piece and another 40 acres to the north so he didn’t think there was any reason to show the entire land holdings for this particular property because of the cost involved.

 

 Motion by Mr. Girman to approve the waiver from Section 2.06 (J) on the CSM for Kipp per the comments of our Town Planner.  Motion seconded by Mr. Engelking.  Motion carried unanimously. 

 

Discussion/Action-Waiver from Section 4.01 of the Town of Genesee Land Division and Development Ordinance to show map scale more than 1” = 100’ on CSM-Kipp.

 

Mr. Herrmann:  This is at a scale of  1” = 200’ and our ordinance says the maximum scale would be at 1” = 100’.  I you blew this up to 100’ it would take up most of the paper.  I don’t have a problem with what is there.

 

Motion by Mr. Girman to approve the waiver from Section 4.01 on the CSM for Kipp.  Motion seconded by Mr. Engelking.  Motion carried unanimously. 

 

Discussion/Action-Site Plan and Plan of Operation-Commercial Condominiums for Brad Winquist – Little John Drive.

 

Michael Birschbach from Jahnke and Jahnke explained that each unit would be owned separately.  The storm water management will be the responsibility of the property owners association.  These units would be for contractors, plumbers, electricians, etc., one man, two person contractor for them to have a shop.  There are three stalls per unit.    Each unit will have its own holding tank.  Waukesha County has approved the individual holding tanks for each unit.  There will be one well on sight.  There will be a wet pond infiltration area.  The flow will go north and into the storm water. 

 

The days and hours of operation will be designated at the time when a company will move into each unit.  Each unit will be assigned x number of parking spaces.  At this time, there are 3.25 parking spaces per unit.  It will have to be designated which spots go to which unit.  As the Plans of Operation come in, the parking spaces can be assigned, prior to occupancy, so we can be sure there are enough parking spaces available to comply with the requirements.   Each individual tenant will have to go before the Town Board for approval of a holding tank agreement prior to occupancy.  The only signage will be in front of the building.  There will be a multi-tenant sign and also one sign above the door for each unit, A, B, C, etc.   The signage will have to come back to the Plan Commission for approval.  This should e brought in with the first Site Plan and Plan of Operation, for the first unit to be occupied.  Each tenant will have to come to the Plan Commission with their Site Plan and Plan of Operation prior to occupancy.  

 

The holding tanks will be put in when the building goes up.  The holding tanks are sized for a floor drain, a single sink and a single toilet.  There will be no heavy water use in any of the units. 

 

TOWN OF GENESEE PLAN COMMISSION

PLANNER’S REPORT & RECOMMENDATION

SITE PLAN/PLAN OF OPERATION

 

NAME:                                              Winquist Commercial Condominiums

 

DATE:                                               February 19, 2007

 

TAX KEY NO.:                                GNT 1494.997.025

                                                           

OWNER/PETITIONER:                 Brad Winquist

                                                            N23 W28210 Beach Park Circle

                                                            Pewaukee, WI 53072

                                   

LOCATION OF PROPERTY:       Lot 6, Certified Survey Map No. 9660, being a part of the NW ¼ and SW ¼ of Section 14, T6N, R18E, Town of Genesee, Waukesha County, Wisconsin.  More specifically, the property is located S34 W29939 Little John Drive.

 

ZONING CLASSIFICATION:       M-1 Limited Industrial District.

 

PRESENT LAND USE:                  Vacant Land.

 

PROPOSED REQUEST:               

The property is currently vacant and contains approximately 3.25 acres.  The petitioner is proposing to construct two (2) Commercial Condominium buildings.  Each building will contain six (6) units with each unit (40’ x 60’) consisting of 2,400 square feet and may have one (1) toilet, one (1) sink and one (1) floor drain.  Each unit will be individually owned with the Condominium Association owning and controlling the common areas of the site.  The Condominium Association will be responsible for maintenance of the common areas and shared well.  Each unit will have its own separate holding tank, which will be owned and maintained by the individual unit owners.

 

The buildings will be constructed with a steel frame interior and the outside will consist of steel siding and roof with a three (3) foot high decorative wainscot fascia along all elevations of the building.  The exact colors of the building have not been determined at this time.  All buildings will contain a three (3) foot wide door and three (3) windows in front of the building.  The rear of the building will contain a 12’ x 14’ overhead door and a service door.  The petitioner has not provided a landscaping plan or any proposed signage. 

 

The days and hours of operation, signage, etc. for each tenant unit will be determined by the tenant and approved by the Town Plan Commission as part of the individual Plan of Operation.  The petitioner is proposing a total of thirty-nine (39) parking spaces, which is approximately 3.25 parking spaces per unit.  The parking stalls are 9’ x 25’ with 15 feet between opposite facing parking stalls.  According to the Waukesha County Zoning code, parking stalls shall be 9’ x 20’ with 16 feet between opposite facing stalls.  Therefore, enough area is available to comply with the parking requirements of the Waukesha County Zoning Code.  The number of parking spaces required for each unit is determined by the use of each individual tenant as part of the proposed use of the unit space.  Depending on the type of uses the site may or may not contain adequate parking.  It appears the site could accommodate additional parking, if necessary. 

The site will be served by individual holding tanks and a common private well.  The petitioner should contact Waukesha County Environmental Health Division (Dave Egli) regarding the exact location and area needed for the holding tanks.  The individual tenants will need to obtain a holding tank agreement with the Town of Genesee prior to occupying the building.

The lighting shown on the plan consists only of exterior emergency egress light and exterior HPS or MH light with Photo eye.  All lighting shown is located on the proposed buildings.  No additional lighting being proposed at this time.  Lastly, no proposed refuse disposal has been provided.  Each individual tenant will be responsible for the disposal of his/her refuse and waste.

PLANNER’S RECOMMENDATIONS:

The Town Planner recommends approval of this request subject to the following conditions:

 

1.      Documentation shall be submitted to the Town Planner that Waukesha County Park and Planning Commission has approved the Site Plan and Plan of Operation.  Any and all conditions established by Waukesha County shall be adhered to.

 

2.      The condominium documents shall be reviewed and approved by the Town Attorney, Town Planner and if applicable the Town Plan Commission and Town Board.

 

3.      Subject to a detailed parking plan identifying and associating certain parking spaces with each condominium unit.  Each unit shall have a certain number of parking spaces assigned to the unit and said parking spaces and to which unit they are assigned shall be clearly identified on the parking plan.

 

4.      Documentation shall be submitted to the Town Planner, that the Environmental Health Division has reviewed and approved a Sanitary Permit for the proposed buildings.  Each unit shall contain its own holding tank and shall obtain a holding tank agreement with the Town of Genesee and shall comply with all requirements of Waukesha County, prior to the issuance of a building permit.

 

5.      A detailed exterior lighting plan, including cut-sheets for all fixtures, shall be submitted to the Town Engineer for review and approval.  All outside lighting shall be screened so as to avoid fugitive lighting shining upon the neighboring properties.  A copy of the final lighting plan shall be submitted to the Town Clerk, prior to the issuance of building permit.

 

6.      Detailed sign renderings, colors and locations of any and all proposed signs shall be reviewed and approved by the Town Plan Commission, prior to the issuance of a building permit for said sign(s). 

 

7.      A detailed landscaping plan shall be reviewed and approved by the Town Planner, prior to the issuance of a building permit.

 

8.      Each individual tenant owner shall submit a detailed site plan and plan of operation, prior to occupying the tenant space.

 

9.      No outside storage shall be allowed unless specifically approved by the Town of Genesee Plan Commission.

 

10.  A copy of the state approved building plans (if required) shall be submitted to the Town Building Inspector, prior to the issuance of a building permit.

 

11.  Documentation shall be submitted to the Town Planner that an Erosion Control and Stormwater Management Permit have been issued by Waukesha County Land Resources Division (if applicable), prior to the issuance of a building permit.

 

  1. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area.  The Town Plan Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area.

 

13.  Documentation shall be submitted to the Town Planner that all required local, county, state and federal licenses and permits have been obtained.

 

14.  The applicant shall allow the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice.

 

15.  All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor.

 

16.  Professional fees.  Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions.

 

17.  Payment of Charges.  Any unpaid bills owed to the Town by the subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to Section 66.0627, Wisconsin Statutes.  Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval.

 

Respectfully submitted,

 

Jeffrey Herrmann, AICP

Town Administrator/Planner

 

Motion by Mr. Engelking to approve the Site Plan and Plan of Operation for Commercial

Condominiums for  Brad Winquist on Little John Drive subject to our Town Planners report and

recommendation dated February 19, 2007.  Motion seconded by Mr. Houston.  Motion carried

unanimously.

 

Discussion/Action-Site Plan and Plan of Operation request for Temporary Fireworks Sales

at the Corner of Hwy. 59 and Hwy. 83 (Genesee Center)–Fireworks City-Mathew Fahr/Nader

Seyedin.

 

Mr. Herrmann:  Last year we didn’t have any problems with Fireworks City operating at this

Location.  The lease with Mr. Heeren restricts the tent to a 15 x 60’.  Mr. Fahr said the tent is going to be 16 x 64, so the drawing of the leased area will have to be changed.  Mr. Fahr said he already talked to Mr. Heeren and they will re-draw the map.  Mr. Fahr said the reason it has to be 16 x 64 is, they don’t make 15 x 60’ tents.  They put 4- 6 x 16 tents together. 

 

The fireworks sales will be from June 11, 2007 through July 10, 2007, 7 days peer week and open from 9:00 AM to 10:00 PM.  There will be 2 full-time and 4 part-time employees.  Removal of all equipment, tents, signs, etc. no later than July 10, 2007. 

 

Mr. Herrmann:  The one thing that is different this year is that they will have to obtain a fireworks sale license from the Town Board.  We have finished the application.  You will have to get one and fill it out and take it to the Town Board.  The Town Board will have to  approve the sale of fireworks for your operation.

 

Mr. Fahr:  Last year you permitted us to put up three signs on the front of the tent, facing Hwy. 59, because we were set back so much, instead of putting a sign on each side of the tent.  We had two smaller 3 x 5 signs which have our specials on it and a sign that says Fireworks City.   In your report you show three signs, one on each side of the tent. 

 

Mr. Herrmann: We have a different situation here than we do with the other fireworks tents.  The other fireworks tents are located in the B-2 district, and the sign size for that district is restricted to 40 sq. feet for non-illuminated and 20 sq. ft. for illuminated signs.  In the B-3 district there are no sizes or criteria.  The signs they are proposing are three signs, two (2) -  3 x 5 and one (1) 4 x 10, non-illuminated.  

 

Instead of having signs on the sides of the tent, he is putting them all on the front of the tent facing Highway 59.  The size of the signs, square footage, is the same as other fireworks vendors, but the signs are in a different location on the tent.  The Plan Commissioners didn’t have a problem with this. 

 

 

 

TOWN OF GENESEE PLANNING COMMISSION

PLANNER’S REPORT & RECOMMENDATION

SITE PLAN/PLAN OF OPERATION

 

PROJECT NAME:                          Fireworks City

 

DATE:                                               February 19, 2007

 

TAX KEY NUMBER:                     GNT 1546.975

 

PETITIONER:                                 Mathew Fahr/Andy Nelson/Nader Seyedin

d/b/a Fireworks City

350 East Avenue

Lomira, WI 53048

 

OWNER:                                           Jeffrey Heeren

                                                            d/b/a Genesee Center

S47 W30760 S.T.H. 59

Genesee, WI 5312749

                                                                                               

LOCATION OF PROPERTY:      

A part of the NW ¼ of Section 27, T6N, R18E, Town of Genesee, located on the northwest corner of S.T.H. 59 and S.T.H. 83.

 

PRESENT ZONING:

B-3 General Business District.

 

PRESENT LAND USE:

Multi-Tenant Building.

 

PLANNER’S ANALYSIS: 

The property is approximately four (4) acres in size and contains a 121.9’ x 200.6’ multi-tenant building.  Last Year (2006), the petitioner erected a 16’ x 64’ tent in the grassy area on the southwest corner of the property for the display and sales of Class “C” fireworks only.  The petitioner did not utilize the existing multi-tenant building for fireworks sales. 

 

This year (2007) the petitioner is proposing to erect the same 16’ wide x 64’ long tent.  The tent will be located in the grassy areas on the southwest corner of the property for the display and sale of Class C Fireworks and will contain four (4), 75-watt floodlights on the center pole about ten (10) feet from the ground.  No lights are proposed outside the covered tent area. 

 

The tent would be used from June 11th to July 10th, 2007 with the hours of operation being from 9:00 A.M. to 10:00 P.M., seven (7) days a week.  The proposed operation will employ two (2) full-time employees and two (2) to four (4) part-time employees.  The petitioner is proposing to erect one (1) 4’ x 10’ colored banner sign and two (2) 3 ft. x 5 ft. signs with all the signs facing S.T.H. 59.  According to the Waukesha County Zoning Code, the maximum size for a sign is 40 sq. ft. for non-illuminated signs and 20 sq. ft. for illuminated signs.  The petitioner is allowed to have one (1) sign per side of tent with Town Plan Commission approval.  The banners would go up on June 11th and come down no later than July 10th, 2007.  No colors have been proposed at this time and detailed sign renderings have not been provided.  Two (2) secured metal storage containers (8 ft. x 20 ft.) are proposed on the west side of the tent and would be secured with an ATF approved lock.  Access to the fireworks will be from Commercial Drive.  Parking will be provided using the existing parking lot and additional parking would be available on the grass.

 

No additional landscaping or lighting is proposed.  A private on-site waste disposal system and private well serve the property.       

 

TOWN PLANNER RECOMMENDATION:

Based on the above information, the Town Planner recommends the Town Plan Commission approve the proposed request subject to the conditions the following conditions:

 

  1. Documentation shall be submitted to the Town Planner that Waukesha County has approved the Site Plan and Plan of Operation.  Any and all conditions established by Waukesha County shall be adhered to.

 

  1. Subject to the sale of fireworks being from June 11th, 2007 through July 10th, 2007, 7 days per week and open from 9:00 a.m. to 10:00 p.m. (2 full-time and 4 part-time employees), with set-up starting no sooner than June 11th, 2007 and removal of all equipment, tent, signs, etc., no later than July 10th, 2007.

 

  1. The Lease Agreement between Fireworks City and Jeffrey Heeren restrict the size of the tent to 15’ x 60’.  The Lease Agreement shall be amended to accurately reflect the actual size of the tent (16’ x 64’) or the petitioner shall be restricted to a tent no larger than 15’ x 60’.  A copy of the modified Lease Agreement shall be presented to the Town Planner prior to the issuance of a permit.

 

  1. Subject to the 16’ x 64’ tent being in the grassy area as shown on the Site Plan and located at least 50 feet from the road right-of-way of S.T.H. 59.  The final location of the tent shall be reviewed and approved by the Town Planner and Waukesha County.

 

  1. A “Fireworks Sale License” in accordance with Ordinance No. 06-08 shall be obtained from the Town Board prior to the selling of fireworks within the Town of Genesee.

 

  1. Subject to the signage on the property being as follows:  One (1) 4 x 10 non-illuminated sign shall be allowed on the front of the tent facing Highway 59 and two (2) 3 x 5 non-illuminated signs on the front of the tent facing Highway 59.  (All three signs will be on the front of the tent facing Highway 59.) No other signs, flags, banners, etc. advertising fireworks of any type, shall be located on the property.  No other temporary signs shall be erected on the property.  Waukesha County Department of Parks and Land Use and the Town Planner shall approve the location of each sign, prior to said sign being erected. 

 

  1. Subject to all overnight storage of fireworks on the property being contained in one (1) of the two (2) 8 ft. x 20 ft. secured metal storage containers approved by the Fire Chief or removed from the property.