TOWN OF GENESEE PLAN COMMISSION MINUTES

JANUARY 28, 2008

 

 

Present:          Engelking, Girman, Houston, Morris, Ross

 

Absent:           Turzynski

 

Also Present:   Leair, Herrmann, Friedlein, Amy Barrows, Andrea Hedemann from Waukesha

                        County Parks and Land Use and Attorney Debra Price from Waukesha County                        Corporation Counsel

 

Mrs. Leair called the meeting to order at 7: 05 PM.

 

Adjourned Joint Public Hearing between the Town of Genesee Plan Commission and a Staff Representative of Waukesha County Parks and Land Use, Planning Division, to consider the Conditional Use Request (CU-1475) of James & Kim Horneck, S23 W33769 Morris Road, Oconomowoc, WI 53066 to allow a taxidermy studio to operate as a Limited Family Business in an existing building on the property which contains a residence and several outbuildings.

 

Ms. Price was present to answer concerns of our Town Planner in his letter to Mr. Mace dated November 30, 2007. 

 

The problem is that Mr. Horneck had originally requested a conditional use to build a third accessory building to be used for hay storage for his elk.  The building was not built in accordance with the original request/permit.  This building has been set-up for a business.  When inspection was made, it was found that there were no overhead doors for hay storage.  This building was set up with a bathroom and other things indicating it was going to be used for something other than hay storage.  Plumbing was done without a permit and also the electrical was done without a permit. Now Mr. Horneck is applying for a Conditional Use under Limited Family Business to use this building for a taxidermy studio.

 

Some of the questions the Town Planner asked the County were:  

 

       A.  Does the Town have to approve the proposed use of the building?   Ms. Price said you

             would  have to have a reason for denial.   (The building is larger than what was

             proposed and not in accordance with the permit.  Also was proposed for hay storage

             not for a business.)  

B.     Can the Town require Mr. Horneck convert the building back to a hay storage barn?  Discussion, there may be uses allowed by right.  Can’t force only one use.

C.     Does the Town have the authority to require Mr. Horneck to remove the entire building and

Restore the site?  Ms. Price said it would be too severe to ask that the building be taken down.  The Court would be hesitant to remove a building.  (How much does the building vary in value, use, zoning, does it fit?)  An after-the-fact permit could be modified to fit this use.

2.            Can the Town request Waukesha County to impose a fine or issue a citation to Mr.

Horneck?  Is there a limit on the amount of the fine?  Discussion,   A citation could

be issued.  There are set  amounts for daily violations.  Limit each day of $10.00 to $200.00 per day.  Determine what range is applicable and the number of days they are in violation.  When did the structure go up?  What were the events along the way and ending point?  When was CU applied for?   The Town could recommend but it would be up to the  Court.  A letter could be sent asking that this be looked into.   This would not be a condition of the Conditional Use.  Any fines should be handled separately from the Conditional Use approval.

3.            Does the new use require the State of Wisconsin to review the proposed plans for a

         taxidermy studio?  Mrs. Barrows checked into this, talked to Clyde Bryant.  She was told

         that farming including animals, etc., is exempt from the State Code.  However, if it is a

         public building, it would need State approval.  Architectural approved plans depend on size

        of building.  Should  check with the State first and they will determine whether or not

        approvals are needed.

 

Mr. Horneck will have to reapply for the larger structure and interior changes.  He will need to submit a new plan.  He will also need to get approval of the Septic System.  If there is a problem, he will have to put in a new septic system for the new building. 

 

Mrs. Leair opened to floor for comment.  There were no comment from the floor.  Brought back to the table.   Mr. Horneck stated that the new building has not been used yet.  He said it is slightly bigger and altered to make a nicer building.  It fits with the house and his other existing buildings.  He said he did not intentionally try to break any rules.  He said when Mark Miller was there  he told him that someday he could  turn this building into a studio and Mr. Miller didn’t have a problem with that.  He said he had inspections and wasn’t trying to hide anything.  He was shy of the electrical being inspected when this came up.   He said an inspector from Maney and Miller did two inspections, one electrical and one when he ran the trench from the house to the building.  (Piping and plumbing in the floor.)  He said he made a mistake by not getting the permits he didn’t get.

 

Ms. Barrows said the original size pole barn requested was 40’ x 80’, 3200 sq. ft.  It currently is 40’ x 88’ plus an 8’ x 24’ entry way.

 

Hearing closed at 7:34 PM.

 

Joint Public Hearing between the Town of Genesee Plan Commission and  Staff Representative of Waukesha County Parks and Land Use, Planning Division, to consider the Conditional Use Request of Verizon Wireless (CU-1113G) 1515 Woodfield Road, #1400, Schaumburg, IL 60173, to allow the addition of a generator and associated wiring with the existing leased area for an existing communications tower on property owned by John Galt, LLC, S40 W28027 Hwy. 59, Waukesha, WI 53189.

 

Mrs. Barrows explained that this property is approximately 2.76 acres and has a single family house on it that is rented out.  The property is zoned A-2.  1997 Tower approved. Owner of tower is Crown Castle.  Other carriers on the tower are Sprint, T-Mobile, Cingular, US Cellular and Verizon.

 

The Wisconsin Southern Railroad had applied for and received approval to add    

an antenna, radio equipment and associated equipment shelter on this same location.  However, they have not installed it at this time.

 

The generator will be used as a back-up in case of power failure.  The generator will be for Verizon users only, not any of the other carriers on the tower.  The generator is tested once a week, it is self-starting.  It takes about one hour and can be set for any time of the day the Town would want.  It is very quiet, only 64 decibels.  It runs on above ground diesel tank and the tank is on a slab with a reserve tank below it, in case of  leakage the diesel would run into the lower tank and they would be notified.   A chain link fence will be around the fuel tank.  The question came up why couldn’t the generator be used for all of the carriers on the tower.  They would have to check with Crown Castle.      

 

Discussion showed that the Verizon request would be the same location that we approved for the Wisconsin Southern Railroad.   The Plan Commissioners requested that Crown Castle show us who has space leased where on this property and would like to have a detailed scale map showing the location of all of the carriers and location of the equipment shelters, etc.    Also they would like written documentation from Wisconsin Southern Railroad saying the Verizon location is acceptable to them before Verizon does anything.

 

Opened to the floor for comment:

 

Quinn Piala, S39 W27833 Genesee Road.  He was concerned over all the carriers on the tower and how many more can they put on that one tower.  He said it is already an eyesore and they need to clean up the property.

 

No more comments from the floor. Brought back to the table.

 

The Plan Commissioners agreed that they would like to adjourn the hearing to the February 25, 2008 Plan Commission meeting in order to get additional information.  The size of the generator needs to be corrected, need width, depth and height, also detail of the generator.   We will need a Site Plan and Plan of Operation.  Also need width and depth of slab.            

 

Motion by Mr. Engelking to adjourn the hearing to February 25, 2008 Plan Commission Meeting.  Motion seconded by Mr. Houston.  Motion carried unanimously.

 

Adjourned Discussion/Action on Conditional Use Request of James & Kim Horneck, S23 W33769 Morris Road, Oconomowoc, WI 53066 to allow a taxidermy studio to operate as a Limited Family Business in an existing building on property which contains a residence and several out buildings.   

 

Discussion that the use permit should be based on the use permit itself, and the violations should be a separate issue.  No one seemed to have a problem with this business on this site.  It was just the way Mr. Horneck went about it.  He should have been up front with what he was doing.   All permits, approvals and inspections should be done before any more work is done on the building.  Also, permit from Environmental Health is required.   Some of the conditions of approval of the conditional use should be, annual review, inspection of building upon completion, storm water plan, new building should be architecturally the same as the other buildings on the property, all permits should be issued and in place, State approved plans if necessary. 

 

The Town Planner, Building Inspector and County Representative should inspect the building when it is completed.   Recommend to County enforcement of violations as a separate item.  What percentage of the property in involved?  A Site Plan and Plan of Operation will also have to be approved by the County and Town.  Mr. Herrmann will work with Mr. Horneck.

 

Motion by Mr. Engelking to recommend to the County, approval of the request of James & Kim Horneck to allow a taxidermy studio to operate as a Limited Family Business in an existing building on the property subject to the Town Planner and Town Attorney preparing conditions and the Town Planner bringing the conditions back for final approval at the February 25, 2008 Plan Commission Meeting.  Motion seconded by Mr. Ross.  Motion carried unanimously.

 

Discussion/Action on Conditional Use Request of Verizon Wireless to allow the addition of a generator and associated wiring within the existing leased area for an existing communications tower on property owned by John Galt, LLC, S40 W28027 Hwy. 59, Waukesha, 53189.       

    

      This item will be adjourned to the February 25, 2008 Plan Commission meeting.

 

      Discussion/Action on approval of final conditions of approval on the Conditional Use

      Request of James Varelis, S38 W30858 Wern Way, Waukesha 53189, to permit earth

      altering activities in conjunction with a driveway relocation and restoration of wetlands.

 

      Mr. Varelis sent an e-mail to Mr. Herrmann on January 17, 2008 stating that he was

      withdrawing his request for earth altering activities in conjunction with a driveway relocation

      and restoration of the wetlands.  Given the cost and his other personal and professional

      commitments, he felt it would be easier to remove the dirt as soon as the weather permits.

 

      There was concern from the Plan Commission that removal of dirt may disturb the wetlands.

      They also felt the County should control the removal of the material.  Also the County would

      like this done as soon as possible as weather permits and be sure they know where

     the dirt is going when it is removed.   Ms. Barrows will follow up with a violation letter.

 

     Discussion/Action-Final Plat, Fields Crossing-Hwy. 83, Countrywest Development

     

     The Town received a letter from John Stigler of Jahnke and Jahnke, dated January 24, 2008,

     withdrawing the final plat for Fields Crossing dated October 12, 2007, because they will be

    doing a re-submittal.  No action was taken.

 

 

 

 

Discussion/Action Site Plan and Plan of Operation-Seasonal greenhouse, Yerke Frog Alley

Greenhouses, S14 W33879 Hwy. 18 Delafield.

 

Mr. Chris Yerke was present.  He explained that the property was 3.14 acres and that it is now vacant.  They will have an agreement with the adjoining property owner  to use electricity and water.  Bottled water will be used for drinking.  There will be a portable toilet on the property.  They have access to Hwy. 18.  They are requesting two (2) signs which will be at the entrance and have the hours on it.  They will set-up no earlier than April 15, 2008 and will open for business on May 1, 2008 for approximately six (6) weeks, with the entire operation being removed by June 20, 2008.  (Open to the public from May 1 to June 15, 2008.)  Hours are from 7:00 AM to 8:00 PM daily with occasional earlier start or a later close.  The driveway is 30 or 40’ of asphalt and the rest is gravel.  The setback is 50’ off the centerline not 33’ as shown on the plan, so we will need a new site plan. 

 

No lighting plan was presented, therefore, based on the proposed hours (daylight hours only) no lighting will be added at this time.  They will also have to get us a copy of the equipment to be used as part of the operation.

 

Mr. Herrmann referred to his report and recommendation dated 1-21-08:

 

TOWN OF GENESEE PLAN COMMISSION

PLANNER’S REPORT & RECOMMENDATION

SITE PLAN/PLAN OF OPERATION

 

PROJECT NAME:                          Yerke Frog Alley Greenhouses

 

DATE:                                               January 21, 2008

 

TAX KEY NUMBER:                     GNT 1462.996

 

OWNER/PETITIONER:                 Gilbert & Gail Yerke Trust

d/b/a Yerke Frog Alley Greenhouses

S79 W28995 Frog Alley

Mukwonago, WI 53149

                                                                                               

LOCATION OF PROPERTY:      

A part of the NW ¼ of Section 6, T6N, R18E, Town of Genesee, located on the south side of U.S.H. 18 and north of the Glacial Drumlin Trail, containing approximately 3.23 acres of land.

 

PRESENT ZONING:

M-2 General Industrial District.

 

PRESENT LAND USE:

Vacant.

 

PLANNER’S ANALYSIS: 

The property is approximately 3.23 acres in size and is currently vacant.  The property is located on U.S.H. 18, directly across the highway from the Wisconsin Electric offices and work yard.  It abuts the Glacial Drumlin State Trail on the south side of the property and is currently a vacant field.

 

The petitioner is proposing to operate a temporary (seasonal) greenhouse and garden center for approximately six (6) weeks in May and June. The name of the business will be “Yerke Frog Alley Greenhouses”.  Currently, the main greenhouse operation is located in the Town of Mukwonago where they have been growing plants and flowers since 1954.  The petitioner’s would like to operate a satellite location.  Christopher Yerke, the son of the owners, lives on the adjoining property.

 

The proposed operation will use the existing site and entrance to set-up a greenhouse and small sales area.  The proposed green house will be approximately 21 ft. x 48 ft. and designed for temporary set-up and take down.  According to the site plan the proposed greenhouse will be located approximately 42 feet from the edge of the right-of-way of U.S.H. 18, whereas the ordinance requires a 50 foot setback.  The proposed greenhouse will need to be relocated to a conforming location.  The sales area (65 ft. x 90 ft.) will be delineated with temporary fencing, such as split rail and will house the temporary greenhouse.  Along the frontage, they are proposing a white fence to match the existing pasture fence across the street.  Most of the plants will include annuals, perennials, organic vegetables and herbs, fruit trees, shrubs, vines and various hanging baskets and planters.  Some complimentary supplies (such as, bagged soil, limited fertilizer, plant hooks, containers, etc.) will also be offered for sale.  Parking area (55 ft. x 110 ft.) L-Shaped will be along lawn.  There is approximately 6,000 square feet of area available for parking (if needed).  There is no proposed grading involved for the parking area. A portable toilet will be used with weekly service.  Electricity and water will be used from the adjoining property (Christopher Yerke’s Property).  The adjacent property appears to be a rental property and approval from the owner will be necessary for the use of electricity and water.  Bottled Water will be used for drinking water.  All garbage will be removed from the property on a daily basis. 

 

The initial set-up for the business will begin about April 15th with the entire operation being removed by June 20th.  The general business hours (open to the general public from May 1st to June 15th) will be from 9:00 a.m. to 7:00 p.m. daily with the employees working on the premises from 7:00 a.m. to 8:00 p.m.  The proposed operation will employ two (2) full-time employees and six (6) part-time employees.  The petitioner is proposing to erect two (2) signs on the property.   The first sign will be approximately 3 ft. x 6 ft., one-sided entrance/directional sign and will be located on the westerly portion of the property.  The second sign will be a two (2) sided sign and will contain two (2) pieces. The top piece will be 3 ft. x 6 ft. advertising the name of the business and the bottom portion of the sign will be 2 ft. x 6 ft. with tracks for changeable six (6) inch letters that can be changed throughout the season.  Both signs will need to be located at least 20 feet from the edge of the right-of-way of U.S.H. 18.

 

The petitioner has not presented a lighting plan, therefore, based on the proposed hours (daylight hours only) no lighting will be added at this time.  In addition, the type of equipment used has not been provided at this time.

 

TOWN PLANNER RECOMMENDATION:

Based on the above information, the Town Planner recommends the Town Plan Commission approve the proposed request for a temporary greenhouse and garden center subject to the conditions the following conditions:

 

  1. Documentation shall be submitted to the Town Planner that Waukesha County Department of Parks and Land Use 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 greenhouse and garden center operating from April 1, 2008 to June 20, 2008. The general hours of operation shall be from 7:00 a.m. to 8:00 p.m. daily, with occasional earlier start or a later close.  All equipment, greenhouse, fence, signs, etc., shall be completely removed from the property no later than June 20, 2008.

 

  1. Subject to a written agreement between the Yerke’s and the adjacent neighbor indicating the use of electricity and water is acceptable to the owner of the adjacent property.  Said Agreement shall be submitted to the Town Planner for review and approval prior to the issuance of any permits. 

 

  1. Subject to the greenhouse being located at least 50 feet from the road right-of-way of U.S.H. 18 and the proposed signage being located at least 20 feet from the road right-of-way of U.S.H. 18. An updated Site Plan shall be submitted to the Town Planner and Waukesha County for review and approval prior to the issuance of any permits.

 

  1. Subject to the signage on the property being as follows:  One (1) sign not to exceed 18 square feet in area indicating the entrance to the greenhouse.  The second sign shall not exceed 30 square feet in area indicating the name of the business with the lower area (12 square feet) of the sign indicating seasonal specials with possible daily changes.  No other signs, flags, banners, or other advertising media of any type, shall be located 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 the owner contacting the Wales/Genesee Fire Chief regarding the proposed operation. Any concerns or issues raised by the Fire Chief shall be complied with.  Any disputes with the Fire Chief shall be forwarded to the Town Board for resolution to the dispute.

 

  1. A detailed list of equipment to be used and stored on the site shall be presented to the Town Planner for review and approval.  A map/site plan showing the location of the stored equipment shall also be presented to the Town Planner.

 

  1. Subject to this approval being for this year (2008) only and during the permitted days and hours of operation as conditioned above.

 

  1. Documentation shall be submitted to the Town Planner that all required Federal, State, County and Local licenses and permits have been obtained.

 

  1. Proof of Insurance shall be submitted to the Town Clerk prior to the issuance of an occupancy permit.

 

  1. 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.

 

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

 

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

 

  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.  In addition, all issues of non-compliance will be documented and submitted to the Town Plan Commission and Town Board for compliance, legal action and/or future reference.  

 

  1. 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.

 

  1. 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 C. Herrmann, AICP

Town Administrator/Planner

 

Motion by Mr. Engelking to approve the Site Plan and Plan of Operation for Yerke Frog Alley Greenhouses subject to the conditions of our Town Planner in his report and recommendation dated January 21, 2008.  Motion seconded by Mr. Ross.  Motion carried unanimously.

 

Discussion/Action-Site Plan and Plan of Operation-Temporary Sale of Fireworks, Fireworks City-Mathew Fahr/Andy Nelson/Nader Seyedin-Genesee Center, Hwys. 59 & 83  

  

Mr. Herrmann stated that we have never had any problems with this operations and they have always met all the conditions of approval.  This year they are requesting an electronic digital reader sign to be used on from June 27, 2008 to July 12, 2008.  The Plan Commissioners weren’t very responsive to the electronic sign, so Mr. Fahr withdrew his request for this sign and will only be one (1) colored 5’ x 20’ banner, two (2) 5’ x 8’ signs.  All signs will face Hwy. 59.  All fireworks will be stored in two (2) 8’ x 20’ secured metal containers on the west side of the tent and secured with ATF approved locks.   Hours will be from 9:00 AM to 10:00 PM seven (7) days per week, June 10, 2008 through July 12, 2008.  The lease agreement will need to be modified if the petitioner is proposing to operate until July 12, 2008 it now shows July 10, 2008.  There will be two (2) full-time and two (2) to four (4) part-time employees. 

 

Mr. Herrmann referred to his report and recommendation dated January 21, 2008:

 

   TOWN OF GENESEE PLAN COMMISSION

PLANNER’S REPORT & RECOMMENDATION

SITE PLAN/PLAN OF OPERATION

 

PROJECT NAME:                          Fireworks City

 

DATE:                                               January 21, 2008

 

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 ft. x 200.6 ft. multi-tenant building.  Last Year (2007), the Town of Genesee Plan Commission approved a Site Plan/Plan of Operation to erect a tent for the display and sale of fireworks during the months of June and July.  The petitioner operated the business in compliance with the conditions of approval and no complaints were filed.  However, if violations do occur, the Town Plan Commission would consider prohibiting the erection of tents for the display and sale of fireworks within the Town of Genesee. 

 

This year, the petitioner is proposing to erect 16.5 ft. x 66 ft. tent located in the grassy area on the southwest corner of the property for the display and sales of Class “C” fireworks only.  The tent will contain four (4), 75-watt floodlights installed on the center pole about ten (10) feet from the ground.  No lights are proposed outside the covered tent area.  The tent will be used from June 10th to July 12th, 2008 with the hours of operation being from 9:00 a.m. to 10:00 p.m. seven (7) days a week.  However, according to the lease agreement, petitioner has the right to sell fireworks only from June 10, 2008 to July 10, 2008.  Therefore, the lease agreement will need to be modified if the petitioner is proposing to operate until July 12, 2008.  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) colored 5 ft x 20 ft. banner sign, two (2), 5 ft. x 8 ft. signs and a new 4 ft. x 8 ft. digital reader.  The digital reader sign would only be used from June 27, 2008 to July 12, 2008, to advertise/promote their specials.  All signs will face toward S.T.H. 59.  All fireworks will be stored in two (2), 8 ft. x 20 ft. secured metal storage containers located on the west side of the tent and would be secured with ATF approved locks.  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.

 

2.      Subject to the sale of fireworks being from June 10th, 2008 through July 10th, 2008, 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 10th, 2008 and removal of all equipment, tent, signs, etc., no later than July 10th, 2008.  The operation may be extended to July 12th, 2008, if the lease agreement is modified to allow the petitioner to operate until July 12th, 2008.  If the lease is amended, a copy shall be submitted to the Town Planner.

 

3.      The size of the Tent shall not exceed 16.5 ft x 66 ft.

 

4.      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.

 

5.      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.

 

6.      Subject to the signage on the property being as follows:  One (1) 5 ft.  x 20 ft. non-illuminated banner sign, two (2), 3 ft.  x 5 ft. non-illuminated signs and a new 4 ft. x 8 ft. digital reader.  The digital reader sign shall only be used from June 27, 2008 to July 12, 2008, to advertise/promote their specials.  All signs shall face toward S.T.H. 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.

 

7.       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.

 

8.      Subject to Fireworks City notifying the North Prairie Fire Department of the proposed operation.  Any concerns or issues raised by the Fire Chief shall be complied with.  Any disputes with the Fire Chief shall be forwarded to the Town Board for resolution to the dispute.

 

9.      Subject to Fireworks City being in compliance with all State and Federal regulations in association with the sale of fireworks.

 

10.  Subject to this approval being for this year only and during the permitted days and hours of operation as conditioned above.

 

11.  Documentation shall be submitted to the Town Planner that all required Federal, State, County and Local licenses and permits have been obtained.

 

12.  Proof of Insurance shall be submitted to the Town Clerk and Town Planner prior to the issuance of an occupancy permit.

 

13.  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.

 

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

 

15.  Subject to a letter from the petitioner and owner acknowledging and accepting all terms and conditions of this Plan of Operation Permit being submitted to the Town of Genesee Clerk, prior to issuance of any permits.

 

16.  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.  In addition, all issues of non-compliance will be documented and submitted to the Town Plan Commission and Town Board for compliance, legal action and/or future reference.  

 

17.  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.

 

18.  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 C. Herrmann, AICP

Town Administrator/Planner

 

Motion by Mr. Engelking to approve the Site Plan and Plan of Operation for Fireworks City for temporary sale of fireworks subject to our Town Planners report and recommendation dated January 21, 2008 with modification to condition #6, eliminating the 4’ x 8’ digital reader sign to be used from June 27, 2008 to July 12, 2008.  (The request for the 4’ x 8’ digital reader sign was withdrawn by the Petitioner.)  Motion seconded by Mr. Ross.  Motion carried unanimously.

 

Discussion/Action Commercial Condominiums Plat-Brad Winquist-Little John Drive

 

Mr. Herrmann explained that we have been working with Brad Winquist and that the Plan Commission did approve his Site Plan and Plan of Operation for two (2) commercial condominium buildings.  There will be a holding tank for each unit.  One of the conditions of approval was that  the condominium documents had to be reviewed and approved by the Town Planner, Town Attorney and the Town Plan Commission and Town Board.   Each tenant in the building will have to come to the Plan Commission with a Site Plan and Plan of Operation.     

 

Mr. Herrmann referred to his memorandum dated January 21, 2008:

 

 

 

  Memorandum                                    

To:                  Town of Genesee Plan Commission

From:             Jeffrey C. Herrmann, Town Administrator/Planner

Date:              01/21/08

Re:                  Winquist Condominium Plat

Over the past year, the Town has been working with Brad Winquist, N23 W28210 Beach Park Circle, Pewaukee, Wisconsin on the review of a proposed commercial condominium development.  On February 26, 2007, the Town of Genesee Plan Commission approved a site Plan/Plan of Operation the request of Brad Winquist, N23 W28210 Beach Park Circle, Pewaukee, Wisconsin, to construct two (2) commercial condominium buildings for limited industrial/general business type uses.  The property is located in part of the NW ¼ and SW ¼ of Section 14, in the Town of Genesee.  More specifically, the property is located at S34 W29939 Little John Drive.  The Town’s approval was subject to several conditions.  Condition No. 2 required the condominium documents be reviewed and approved by the Town Attorney, Town Planner and, if applicable, the Town Plan Commission and Town Board.

Mr. Winquist submitted a copy of the proposed Condominium Plat on December 27, 2007.  According to Section 2.02 of the Town of Genesee’s Land Division and Development Ordinance, “…no such subdivision, minor land division, condominium plat or assessor’s plat or replat shall be entitled to recording; and, no public street shall be laid out or public improvements made to land without compliance with all requirements of this Ordinance…”  Therefore, it is suggested that the Town Plan Commission and Town Board review and approve the Corporate Condominium documents for compliance with Chapter 703 of the Wisconsin State Statutes.

The Town Planner has reviewed the Condominium documents as submitted by the petitioner for compliance with Chapter 703 of the Wisconsin State Statutes and offers the following comments:

Section 7.03.11 (2)(am)          A blank space at least 2.5 inches by 2.5 inches in size on the first sheet for recording use by the register of deeds office shall be provided.

All other requirements of the Condominium Plat appear to be in compliance with Chapter 703.  The review authority of the Town of Genesee is limited in this situation. 

The Town Planner recommends to the Town Plan Commission to recommend to the Town Board to approve the proposed Condominium Plat subject to the following conditions:

1.                  Subject to the Developer submitting to and receiving from the Town Planner and Town Attorney, approval of the Condominium Documents/Covenants & Restrictions, prior to recording the final condominium plat.

2.                  Subject to the Developer submitting the plat to the Wales/Genesee Fire Chief for review of the same, including, but not limited to, approval of any and all issues regarding access for emergency vehicles.  Any issues and/or concerns of the Fire Chief shall be reported to the Town Board for final resolution, prior to commencing construction of any improvement or the Town signing the final condominium plat, whichever is earlier.

3.                  All conditions of the Site Plan/Plan of Operation shall be adhered to.

4.                  If a stormwater maintenance agreement is required, said agreement shall be reviewed and approved by the Town Board prior to the recording said document.

5.                  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.

6.                  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.

 

Motion by Mr. Ross to recommend to the Town Board, approval of the proposed Commercial Condominiums Plat for Brad Winquist-Little John Drive subject to the conditions of our Town Planner in his memorandum dated January 21, 2008.  Motion seconded by Mr. Houston.  Motion carried unanimously.

 

Discussion/Conceptual – Multi-Family Units, Sunset Dr., James D. Williams

 

Mr. Williams is proposing a multi-family type development on 7 acres.  The property is zoned R-3.  (In R-3 zoning, multi family uses are permitted by right.)  There is a permanent drainage easement.  There are five buildings on the property, three buildings are apartments and two buildings are used for storage.  Currently there are two accesses off of DE (Sunset Dr.) and one off of Boettcher.  (Petitioner will have to check with the County regarding accesses onto DE.) Mr. Williams and his daughters asked the Plan Commissioners what they would prefer to see there, owner/occupied or rental, duplex, condo’s, PUD, etc.  If the lands were to be split, then the drainage ditch would go through the center.  They were looking at low income housing, working with the County for 860 ft. affordable housing.   The proposed development complies with the County Development Plan.

 

The Plan Commissioners didn’t have a problem with the conceptual plan for multi-family/low income housing, unless there is a problem with the septic systems or getting across the drainage ditch. 

 

Soil tests will have to be provided saying the site can accommodate the additional dwelling units with on-site waste disposal systems.

 

Mr. Williams also stated that there was a Conditional Use from the 60’s on the property.  The Conditional Use may need to be removed first.          

 

Mr. Williams should meet with the Town Planner prior to submitting a final plan.

 

Mr. Herrmann’s Memorandum dated January 21, 2008:

 

Memorandum

To:          Town of Genesee Plan Commission

From:             Jeffrey C. Herrmann, Town Planner

Date:              01/21/08

Re:                  Williams – Conceptual Multi-Family Development

The purpose of this memo is to provide the Planning Commission with information regarding the conceptual multi-family development for the James & Patricia Williams, 905 Lone Tree Road, P.O. Box 632, Elm Grove, Wisconsin.  The petitioner owns approximately 7.00 acres of land located in the SW ¼ of Section 11, in the Town of Genesee.  The property is zoned R-3 Residential District and is bisected by a 20 foot wide permanent drainage easement.  Currently, the property contains five buildings.  Three (3) of the buildings are rented as apartments and two (2) buildings are used for storage.  The largest residential building contains four (4) rental apartments.  The building located closest to the road contains two (2) dwelling units and the smallest building (farthest to the east) contains one (1) dwelling unit.  Therefore, the property contains a total of seven (7) residential dwelling units. 

The petitioners are seeking comments on a conceptual multi-family land development plan.  The petitioners are proposing to construct an additional two (2) buildings on the property with two (2) dwelling units in each building, resulting in a total of eleven (11) residential dwelling units on the property.  The proposed dwelling units are approximately 868 square feet each with a 20 ft. x 24 ft. attached garage.  All of the existing structures will remain on the property.  The petitioner has not decided if this will be a condominium form of ownership.  The existing access will be used as an entrance to the property.  The property has three (3) existing driveways to the property.  Two (2) of the accesses are off of C.T.H. DE (Sunset Drive) and one (1) access is off of Boettcher Road.  The Wisconsin Department of Transportation has indicated that the existing access could be used for emergency vehicles.    

The petitioner’s are presenting this proposal to the Plan Commission to get any comments or suggestions to help them decide the exact layout prior to submitting a formal application for review and action.  

The following are comments to be considered when reviewing the revised concept plan:

·          The Waukesha County Development Plan designates this property in the Low Density Residential category allowing development at 20,000 square feet to 1.4 acres of lot area per dwelling unit.  Therefore the proposed development complies with the Waukesha County Development Plan. 

·          No portion of the proposed 7.00 acres is located on the Park and Open Space element of the Waukesha County Development Plan for acquisition.

·          Soil tests will need to be provided indicating the site can accommodate four (4) additional dwelling units with on-site waste disposal systems.  According to the Waukesha County Soils Map, the soils in the area are classified as Hochheim (HmC2), Lamartine silt loam (LmB) and St. Charles silt loam (ScB).  These soils are not considered to be hydric-type soils; however, Lamartine soils do have hydric inclusions.  Soils tests should be conducted prior to submitting a final application form to ensure the site can accommodate on-site waste disposal systems.  Are you proposing separate septic sites for each building?  Or are you proposing to construct a large communal type system?  If individual septic systems are proposed, you will need to conduct soil borings and testing to determine suitable areas for the septic systems.  Would ownership of these systems be jointly by the two (2) unit owners.  If you decide to construct a communal septic system for all units, the Town board would have to take some ownership of that system and the Town has not been favorable to that type of system, since they do not want to fix, repair or maintain septic systems.   In addition, all existing septic systems on the property should be evaluated by Waukesha County to ensure they are operating correctly.

·          The property does not contain any wetlands, primary environmental corridor or 100-year floodplain. 

·          Based on the concept plan submitted, the existing parcel appears to contain buildable areas large enough to accommodate the proposed residential development.

·          The petitioner should contact Waukesha County Department of Public Works regarding the existing accesses onto C.T.H. DE (Sunset Drive).

·          Any comments or concerns raised by the Town Engineer shall be adequately addressed prior to the Town approving any proposed development on this property.

·          The property slopes from both the east and west and forms a small valley in the center of the property.  The highest elevation on the east property line is about 940.0 msl with the highest elevation along the west property line of 950.0 msl.  The center of the property dips with the lowest elevation of 922.0 msl near C.T.H. DE (Sunset Drive). 

 .         No portion of the property is located within the Waukesha County Shoreland and Floodland Jurisdictional limits.  However, the petitioner should contact Waukesha County regarding any concerns or issues they may have in reference to the proposed development. 

·          Proposed storm water management and erosion control measures will need to be reviewed and approved by Waukesha County.  It is not certain if a stormwater retention area will be necessary, but the developer should contact the Waukesha County Land Resources Division regarding this issue.

·          If a condominium form of ownership is proposed, a condominium plat will need to be submitted to the Town Plan Commission and Town Board for review and action.

·          If the petitioners develop the property using the Planned Unit Development (PUD) process, the petitioners will need to provide a list of amenities they are going to provide within the development and substantial open area owned in common or dedicated to the public must be provided.  

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