SEPTEMBER 11, 2006
Leair called the meeting to order at 7:00 p.m. Present were Supervisors Carlson, Reid, Morris and Schmittinger, also present were Planner/Administrator Herrmann and Clerk Whitmore.
Discussion/action –
Minutes to be approved –
Monthly report
from Wales-Genesee Fire Board –
Schmidt was not present to give a report.
Monthly report
from Wales-Genesee Fire Chief - Greg Jezak
A. Update on house numbers grant
Jezak was not present and no report was received.
Discussion/Action-
Preliminary Plat - Field’s
Discussion/Action-
Preliminary Plat - Field’s
A letter was received from John Stigler of Jahnke and Jahnke requesting a withdrawal of a previously submitted Preliminary Plat of Fields Crossing, he did not indicate which plat he was withdrawing, therefore the Planner recommended denying both preliminary plat because of new submittal dated August 24th.
Reid made motion to deny the preliminary plat for Fields Crossing dated 6-7-06 for the reasons stated, Carlson seconded, motion carried unanimously.
Morris made motion to deny the preliminary plat for Fields Crossing dated 7-18-06 for the reasons stated, Carlson seconded, motion carried unanimously.
Memorandum
To: Town
of
From: Jeffrey C. Herrmann, Town Administrator/Planner
Date: 08/21/06
Re: Field’s Crossing – Preliminary
Plat
Over the past several months, the Town of
Soils tests locations are included on the face of the
plat, and the soil test data was submitted with the preliminary plat. Based on the soil data, it is evident that
the site contains a moderate seasonal high ground water level. Many of the sites will contain mound-type
septic systems. Therefore, the home
sites may require additional fill in order to construct homes with
basements. The developer will need to submit
a final grading and drainage plan along with a stormwater management report.
The Waukesha County Land Resources division has reviewed a preliminary
grading and erosion control plan, a preliminary stormwater management plan and
a geotechnical engineering and stormwater infiltration feasibility study.
This submittal is a preliminary
plat, which gives the Town Plan Commission 75 days and the Town Board 90 days
to take action. The preliminary plat was
filed with
The Town Planner recommends that the Town of
1. The approximate radii of all curves need to be shown on the preliminary plat.
1. All Visions Corner Easements shall be clearly shown on the plat.
2. Side lot lines shall be at right angles to straight lines or radial to curved street lines on which the lots
face. Lots 7, 8 and 9 do not comply with this requirement.
3.
The depth of lots shall not exceed the width of lots by
more than 2 ½ to 1. Lots 7 & 8 do
not comply with this requirement and it appears that the proposed development
may lose one
In addition to the above reasons for denial of the preliminary plat, the following issues will also need to be addressed:
1. The developer shall satisfy all comments, conditions and concerns of the Town Planner, Town Engineer 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 Parks and Land Use and the Village of North Prairie in regard to the preliminary plat, prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.
2. The developer shall submit to the Town Clerk and receive approval as to form from the Town Attorney and as to amount from the Town Engineer, a letter of credit or cash and subject to the Developer submitting to and receiving from the Town Attorney, Town Planner and the Town Engineer, approval of a Developer’s Agreement for the improvements (including all public, private and site development improvements), prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.
3. The Developer shall submit to and receive from the Town Planner, Town Attorney and the Town Engineer, approval of the final draft of the deed restrictions, prior to commencing construction of any improvement, whether public or private, or site development or approval of the final plat, whichever is earlier.
4. Subject to the Developer applying for and receiving from the Plan Commission for the Town of Genesee, the Town Board for the Town of Genesee, and Waukesha County all necessary variances or waivers (if any) to the Waukesha County Zoning Code, the Waukesha County Shoreland and Floodland Protection Ordinance, and the Town of Genesee Land Division and Development Ordinance, prior to commencing construction of any improvement, whether public or private, or site development or approval of the plat, whichever is earlier.
4.
Subject to
Waukesha County Department of Parks and Land Use, Land Resources Division
approving a final Stormwater Management and Erosion Control Plan prior to the
Town approving
a final Plat
5.
A seventy-five
(75) foot floodplain and wetland setback shall be shown on the face of the
final plat.
6.
Any portion of
any lot, which contains a portion of Primary Environmental Corridor, shall
maintain all slopes in excess of 12 percent in open space uses.
7.
Building
envelopes shall be shown on all the lots.
A note shall also be added to the plat indicating that no structures
shall be constructed outside a building envelope without the written approval
from the Town of
8.
Documentation
shall be submitted to the Town Planner that the Southeastern Wisconsin Regional
Planning Commission (SEWRPC) concurs with the Primary Environmental Corridor
delineation prior to approval of the final plat.
9.
Any and all
waivers reviewed and approved by the Town Plan Commission shall be noted on the
plat. The language of the note shall be
approved by the Town Planner.
10. All conditions established by the Town of Genesee Plan
Commission and Town Board regarding the Special Exception for the cul-de-sac
length shall be complied with prior to the Town of Genesee approving the final
plat.
11. If a stormwater maintenance agreement is required,
said agreement shall be reviewed and approved by the Town Board prior to the
Town signing the final plat.
12. The preliminary plat identifies hydric
soils, but only for three (3) specific hydric soil
types. Since other hydric
soil types are located on the property, this information is misleading. All hydric soils
shall be shown on the plat.
13. Subject to the developer satisfying all conditions
within one year of the Town Board granting conditional preliminary plat
approval.
14. Under Outlot Statement, Note No. 1 shall also include
Town of
15. Documentation shall be provided to the Town Planner
that the Wisconsin Department of Transportation has approved the access
location onto S.T.H. 83.
16. Any and all correspondence from the Wisconsin
Department of Natural Resources shall be submitted to the Town Clerk.
17. All lots shall contain adequate private onsite waste
disposal systems on the individual lot itself.
No septic systems shall be allowed by easement onto another lot or on
the Outlots.
18. A detailed overall grading, drainage and stormwater
plan shall be reviewed and approved by Waukesha County, Town of Genesee and the
DNR (if appropriate), prior to the Town acting on the final plat.
19. Subject to, prior to the Town signing the final plat,
all other required signatures must be inscribed on the final plat.
20. Subject to the Developer submitting to and receiving
approval from the Town Plan Commission of the Town of Genesee of a landscaping,
signage, street name, and entrance plan prior to commencing construction of any
improvement, whether public or private, or site development or approval of the
final plat, whichever is earlier.
21. Subject to the Developer submitting the plat to the
22. 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.
23. 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.
Discussion/Action-Preliminary
Plat-Kettle Ridge Farms-Hwy. 83
Herrmann went over the plat, explaining the difference between this plat the previously approve plat for Kettle Ridge that was instead divided into two certified survey maps. This plat has 9 lots ranging in size from 1 acre to 5.01 acres, and two outlots. There are two cul-de-sacs. The Plan Commission did recommend approval of the preliminary plat subject to the conditions of the Planner dated 8-21-06, discussion. Carlson made motion to approve the preliminary plat for Kettle Ridge Farms subject to the conditions of the Planner dated 8-21-06, Schmittinger seconded, motion carried unanimously.
Discussion/Action-Request
for waiver from the Town of
Waiver from Section 7.06 (A) to not have side lot lines
at right angles to straight street lines or radial to curved street lines on
which the lots face and not have lot line follow municipal boundary lines
rather than cross them on final plat.
Leair told the Board the Plan Commission did recommend approve of the request for the waiver from section 7.06()A. Herrmann explained there were no issued with the lines the perpendicular to the road as there is no access allowed onto highway 83, he also recommended approval of the request.
Schmittinger made motion to approve the request of Kettle Ridge Farms for a waiver from section 7.06 (A), Morris seconded, motion carried unanimously.
Discussion/Action-Affidavit
of Correction-Revision of CSM 10218 approved 4-24-06 –
Herrmann explained there was a mix-up at the County level;
this CSM was approved by the Plan Commission and the Town Board earlier this
year. Originally the CSM had no access except for one 30’ area. When they went to get the culvert permit from
the County, the County issued a culvert permit and told him to put it in
another location, there was miscommunication between the
Carlson made motion to approve the Affidavit of Correction for CMS10218 subject to the conditions of the Town Planner in a memo of 8-21-06, and proof from the title company that the change is o.k. along with a mylar copy of the page of CMS showing the waiver. Morris seconded, motion carried unanimously.
Memorandum
To: Town of
From: Jeffrey C. Herrmann, Town Planner
Date: 08/21/06
Re: Haylett - CSM
On April 24, 2006, the Town of Genesee Plan Commission
and on May 8, 2006, the Town Board approved a Certified Survey Map for Wayne
& Doris Haylett, S30 W29184 Sunset Drive, Waukesha, Wisconsin for the creation of two (2) lots on
12.26 acres.
does not comply with the
restrictions on the face of the CSM, the petitioner has prepared an “Affidavit
of Correction”. Waukesha County
Department of Public Works has reviewed and approved the Affidavit of
Correction regarding the revised access location onto Sunset Drive, because the
access shown on the approved CSM did not meet Waukesha County Access Ordinance
Sight Distance Requirements.
The Town Planner has
reviewed the proposed Affidavit of Correction and advises the Town Plan
Commission to recommend to the Town Board to approve the proposed Affidavit of
Correction subject to the following conditions:
1. 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.
2.
A letter from the Title Insurance Company stating that
the Affidavit of Correction is an adequate correction instrument for the
proposed change to the CSM shall be submitted to the Town Clerk prior to the Town
of
3. 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 Affidavit of Correction, 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.
4. 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.
Discussion/Action-CSM-Keinert-Consolidated
Family Limited Partnership-Hwy. 59 & 83 – Dated
June 26, 2006 and
received August 8, 2006
Herrmann explained the new CMS was combining lots; that some additional land was added to this CMS and the proposed road will be vacated. Discussion of the reconfiguring of this CMS to meet the County Zoning Code and Town Land Division Ordinance. Condition #3 has to be addressed. Keinert stated that would be filing for a conditional use permit. Also the property owner will have to petition the town to vacate the existing platted road, Crown Court.
Schmittinger made motion to approve the CMS for Keinert Consolidated Family Limited Partnership dated June 25, 2006, received August 8, 2006 subject to the conditions in the Planner’s memo dated 8-21-06, Morris seconded, motion carried unanimously.
PLANNER’S REPORT AND
RECOMMENDATION
PROJECT NAME: Keinert CSM
DATE: August 21,
2006
OWNER: Keinert-Consolidated
Family
Limited Partnership
LOCATION: Part
of the NW¼ of Section 27, T6N, R18E, Town of
ZONING CLASSIFICATION: B-1 Restricted Business District.
B-2 Local Business District.
B-3 General Business District.
R-2
Residential District
EXISTING USES: Three (3) Single-Family Residences and one (1) existing Business.
REQUESTED USES: A re-division of six (6) lots.
COMPLIANCE WITH THE
The Waukesha County Development Plan shows the eastern portion of the property in the Commercial category and the western portion of the property in the Suburban II Residential category, allowing development at 3.0 to 4.9 acres of lot area per dwelling unit. The proposed division conforms to the density requirements of the Waukesha County Development Plan.
STAFF ANALYSIS:
Over the past several years
the Town of
additional lands owned by the petitioner to create a new four
(4) lot CSM.
This submittal is a Certified
Survey Map (CSM), which gives the Town Plan Commission 45 days and the Town
Board 60 days to take action. The
Certified Survey Map was filed with the Town of
In performing a detailed
review of this CSM, I have found that the following items need to be added or
corrected on the face of the plat:
Section 4.01 The map scale shall not be less than 1 inch equals 100
feet.
Section 4.01 (B) The legal description does not include Lot 4 of CSM 9995. In addition, the legal description shall be
the same on each page/sheet.
Section 4.01 (E) The names and address of the all the owners shall be stated on
the face of the CSM. This should include
Donovan & Jorgenson and Dynamic Investments.
Section 5.02 (E) All utility and/or drainage easements shall
be shown on the final CSM.
Section 6.06 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.
PLANNER’S RECOMMENDATION:
Based on the above information, the Town Planner advises the Town Plan Commission to 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. A notation shall be located on the final CSM indicating the areas where access from the proposed Lots onto S.T.H. 83 is prohibited. The no access area shall be clearly marked on the face of the CSM.
2. All lots shall contain adequate private onsite waste disposal systems.
3.
The existing residence on
4.
The owner of the property will need to petition the
Town of
existing platted road known as Crown Court. The vacation of Crown Court shall be completed
prior to the Town of
5. All conditions of the Zoning Amendment shall be complied with.
6. The area currently zoned R-2 Residential District will not be allowed to develop into business uses until the Waukesha County Development Plan is amended and the property is rezoned to a Business District.
7. The Wisconsin Department of Transportation shall review the CSM and determine if any additional access restrictions shall be placed on the final CSM.
8. The existing zoning on the subject property and adjacent to the subject property shall be shown on the Final CSM.
9. The square footage of each lot and outlot shall be shown on the plat and in addition thereto the CSM shall show the exact acreage for each lot to the nearest 1/100th acre, such indicator to be located within the boundary of each lot on the CSM.
10. The “Stormwater Management Notes” on Page 6 of 6 can be removed from the CSM.
11. On Page 1, the reference to “Page 1 of 4” can be changed to “Sheet 1 of 6”
12. On Page 1, the reference to “Note: See Page 5 of 6 for additional notes” can be changed to, “Note: See Sheet 6 of 6 for additional notes”.
13. The “Page” numbers shall be changed to “Sheet” numbers.
14. Any and all waivers reviewed and approved by the Town Plan Commission and Town Board shall be noted on the final plat. The language of the note shall be approved by the Town Planner.
15. The existing buildings shall be labeled with their respective uses and distances from the property lines and S.T.H. 83. If any buildings are proposed to be razed or removed, said buildings shall be razed or removed prior to the Town signing the final CSM unless a developers agreement and a letter of credit is approved by the Town Attorney and Town Engineer. Said razing/removal of any buildings at a later date shall require Town Plan Commission approval.
16. All issues regarding a Developer’s Agreement, Letter of Credit, and/or Covenants and Restrictions shall be reviewed and approved by the Town Attorney, Town Planner and Town Engineer.
17. A note shall be placed on the face of the final CSM stating, no lot or outlot shall be further
divided absent the
express written approval of the Town Board of the Town of
18. Subject to the Developer satisfying all of the aforementioned conditions within one year of the Town Board granting conditional final CSM approval.
19. The existing drive on Lots 3 & 4 shall be removed.
20. 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.
21. 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.
Respectfully submitted,
Jeffrey C. Herrmann, AICP
Town Administrator/Planner
cc: Town of
Town of
Jahnke & Jahnke
Jay Keinert
Rob Krahn
Joe Donovan
Waukesha County Department of Parks and Land Use
Discussion/Action-CSM-Crown
Development-Jay Keinert-Executive Drive-Dated June 13, 2006
Herrmann told the Board the Plan Commission did recommend approval of the CSM and all the conditions of the memo of 8-21-06 have been met. He recommended approval subject to the conditions plus proof of recording being given to the Town Clerk.
Carlson made motion to approve the CSM for Crown Development subject to the conditions of 8-21-06 and the proof of recording being given to the Town Clerk, Carlson seconded, motion carried unanimously.
Discussion/action –
Request from Section 4.01 to have a map scale greater than 1” equals 100’-
Crown Development
Morris made motion to approve the waiver from section 4.01, Schmittinger seconded, motion carried unanimously.
Discussion/action –
Request for waiver to length of culvert length, Road DT – Robert Rowlands
Mr. Rowlands called and asked his request for the waiver be withdrawn.
Discussion/action –
Ordinance 06- Solid Fuel-Fired Heating Devices
Discussion between the Board and Jim Stressing regarding the need for the ordinance, Mr. Stressing felt the ordinance was unnecessary. It was agreed by the Board that existing devices are exempt under the ordinance; new systems would need to be installed through a permit issued by the Building Inspector, following the manufacturer’s specifications. The Planner will made changes to the proposed ordinance and this will be on the October agenda for discussion and action.
Discussion/action
– Request for 4-way
stop at
Susan Winslow presented a petition requesting a 4 stop be
installed at the intersection of
Leair stated we are waiting to hear from the Sheriff
Department on request for a list of accidents on
Discussion/action
– Developers Agreements and Letters of Credit –
Developers Agreements,
amendment to place of final lift date
A.
Whitmore reported Bob Hamilton for Construction Management has
agreed to extend the Developers Agreement to place the final lift of asphalt to
June 1, 2007. Carlson made motion to extend the Developers Agreement for
B. Red Fox Run – BB
McGee LLC – 9-30-06 to 9-30-07
Bob Burris was present and stated they have sold 1 lot to date, the impact on them for the last 6 lots is paying the taxes and for snow plowing. They get no services for the money they are paying from the town or the county; he would prefer putting down the last lift of asphalt this year, the cost of asphalt is not getting any cheaper. He asked that the Town live up to the agreement and allow them to put down the final lift this year, discussion.
Schmittinger stated he felt Mr. Burris had a legitimate point, and a reasonable request. Mr. Burris will place the final lift of asphalt this month.
Letters of Credit,
final release
A.
B. Conservancy at Genesee –
C. Sutton Ridge – Frogmore Development –
11-14-06
D. Ott Wollenzein CSM –
Herrmann stated the roads in these developments have been inspected
and the Letter of Credit can be released for each of them. Carlson made motion
to approve the release of the Letter of Credit for
Discussion/action
– Request to lower letter of credit – Ridge at
A request has been received from Neumann Enterprises to
reduce their Letter of Credit from $354,360.00 to $262,168.85. Town Engineer
Discussion/action
– Operator permit applications
Carlson made motion to approve the new Operator’s Permit application for Kathleen Brophy for Saxe’s subject to proof of schooling, finger printing and payment of fees, Morris seconded, motion carried unanimously.
Reports –
Roads – Gordy Carlson
A. Contract updates – Patching, Roadside weed cutting
Carlson reports the heavy rains have done a lot of damage to ditching, washing gravel away; the second cutting is complete.
Clerk – Barb Whitmore
A. Town office computers
Whitmore reported one of the computers in the office went down and would be costly to repair, she is not requesting a replacement at this time.
A thank you letter was received from Joshua Havelka for the donation of money the Town made for his Eagle Scout project at the Wales-Genesee Fire Station.
Treasurer –
A. Update on unpaid
delinquent personal property taxes
There are three personal properties that have not paid; McCormick will be sending them to the county.
Discussion/action
– Bills to be presented
Carlson made motion to approve the bills as presented, Schmittinger seconded, motion carried unanimously.
Correspondence
A letter was received on August 23rd from Steven
Vidmar complaining of water overflowing onto
Herrmann told the Board he has spoken with our attorney and the Vidmar case will go to trial on October 12, 2006.
Carlson made motion to adjourn, Schmittinger seconded, motion carried unanimously. Meeting adjourned at 8:20 p.m.
Respectfully submitted,
Barbara A. Whitmore, CMC
Town Clerk