MINUTES OF THE VILLAGE PLANNING COMMISSION MEETING

February 14, 2007

The meeting of the Planning Commission of the Village of Slinger was called to order by Chairman Brandt at 300 Slinger Road, Slinger, WI, at 6:00 p.m. on Wednesday, February 14, 2007 in accordance with the Notice of Meeting delivered to the members on Friday, February 9, 2007.

  1. Roll Call & Notice of Meeting:

    Planning Commission Members                 Present         Absent

            Russell Brandt, Chairperson                     x

            Juergen Foerster, Chairman Pro-Tem    x

            Perry Lindquist                                             x, arrived at 6:04 p.m.

            Dwight Mueller                                              x

            Larry Steingraber                                         x

            Tim Wiedmeyer                                             x

            Edward Wolf                                                  x

                                                                                      7

    Also Present: Maureen Murphy, Village Administrator/Clerk
                               Marty Marchek, Village Planner
                               Terry Frederickson, Village Building Inspector/Zoning Administrator
                               Jim Haggerty, Village Engineer/Director of Public Works
                               Margaret Wilber, Treasurer/Deputy Administrator Clerk

    Chairman Brandt informed the members present that the open meeting law had been complied with in connection with the meeting. Notice of the meeting was sent to all that requested same and posted in three public locations.
     

  2. Approval or Correction of Minutes:
    1. Planning Commission Minutes From 01-17-07.

Motion Wolf/Foerster to approve the minutes from the 01-17-07 Planning Commission meeting as presented; carried.

  1. Public Hearing & Action Thereon:
    1. Request from the Village Board on Behalf of Property Owners Elaine & Jack Walker to Rezone the Easterly Portion of the 2.918-acre Parcel Located at 516 Kettle Moraine Drive S from P-1 Park & Recreation District to Rd-1 Two-Family Residential District (Tax Key V5-0277-00A).

      Administrator/Clerk Murphy read the Notice of Public Hearing for this matter and Treasurer Wilber stated that no comments had been received prior to this meeting. Chairman Brandt opened the hearing to public comment at 6:02 p.m.

      There being no public comment, the hearing was closed at 6:04 p.m.

      Planner Marchek reminded the Commission that this item was basically a correction of the Village’s zoning plan. Motion Mueller/Foerster to recommend approval of the rezoning to Rd-1 Two-Family Residential; carried unanimously.

       

    2. Request for a Conditional Use Permit to Allow Drive-Thru Facilities in Conjunction with a Proposed Cousins Subs at 1175 E Commerce Blvd, to Include a Request for Additional Exterior Wall Signage Exceeding 50 Sq. Ft. in Area and Exceeding 2 Ft. in Height and 3 Site Directional Signs (Mark Hertzfeld of Design2Construct, Applicant for Ziegler Bence Development).

Administrator/Clerk Murphy read the Notice of Public Hearing for this request and Treasurer Wilber stated no comments had been received prior to the meeting. Chairman Brandt opened the hearing to public comment at 6:05 p.m.

Mark Hertzfeld with Design2Construct appeared before the Commission to discuss the proposed structure and the reasons for each of the items included in the Conditional Use Permit. He explained that the original design for this building had been created to allow for the possibility of a drive-thru operation on the west end of the structure and this proposal would conform to that plan. Mr. Hertzfeld then addressed questions from the public and the Commission.

Discussion was held on the total amount of signage requested. Mr. Hertzfeld explained that two of the signs indicated on the site plan were no longer under consideration at this time and the other signs were primarily directional in nature. Planner Marchek stated he had met with the owner of an adjoining property earlier in the day on an unrelated matter and that person had stated they had no objection to this plan provided the landscaping design was conducive to the safe flow of traffic. Traffic and parking patterns were reviewed and the Commission examined the actual placement of requested signage.

Commissioner Wolf expressed his concern that a favorable ruling in this matter might be inconsistent with previous decisions rendered by the Commission. Chairman Brandt stated that prior Commissions could not restrict or predetermine actions taken by the present membership and each request should be decided on its own merits. Planner Marchek stated that staff was in the process of reviewing the Village’s signage code as directed by the Commission, to determine whether present code may be too restrictive for area businesses.

There being no further comments from the public, Chairman Brandt closed the public hearing at 6:11 p.m.

Discussion was held on operating hours of the drive-thru portion of the business, as this was specifically brought up in the petitioner’s letter to the Commission. Planner Marchek explained that although the hours were not a required portion of the Conditional Use Permit, the Commission had the right to place additional conditions on the hours if they considered it necessary. He stated this would be appropriate where the business was in close proximity to a residential area, for example, however in his opinion no such circumstance existed in this situation.

Motion Foerster/Wiedmeyer to approve the Conditional Use Permit to allow for the construction of a drive-thru lane along the west side of the building located at 1175 E Commerce Boulevard and all signage as requested in the Conditional Use Permit application; carried unanimously.

  1. Public Appearances – None.

  2. Unfinished Business, Review & Action Thereon – None.

  3. New Business, Review & Action Thereon:
    1. Landscaping Plan for the Pleasant Farm Estates Subdivision with a Request for an Exception to the 50-ft. Spacing Requirement for Public Street Trees and Including a Subdivision Identification Sign (Developer Polk Properties, LLC).

      Planner Marchek began discussion of this issue by providing the Commission with a brief history of the Village’s street tree ordinance. He explained that the ordinance clearly gives the Commission the right to grant exceptions to the standard of one street tree every 50 feet.

      Don Thoma appeared before the Commission to discuss this request in detail. He explained that the restrictive covenants proposed for the subdivision already required two trees in each yard and it was his opinion this would allow for an adequate number of trees.

      Chairman Brandt asked the Commission for their comments on this matter. Discussion was held on the nature of the conservancy subdivision and the fact that required trees in private yards could be considered an acceptable substitute for street trees. Various options were considered regarding the actual placement of the trees and whether one or both of the required trees should be designated for the front yard. The proposal was made that the landscaping plan be accepted as presented, including the requested exception to the 50-foot spacing requirement for street trees, provided that the restrictive covenant addressing homeowners’ trees be amended to require at least one private tree to be located in each front yard.

      Discussion was held on the subdivision identification sign. Commissioner Foerster stated he was recusing himself due to his involvement in this matter. Commission members expressed the opinion that the sign was acceptable and would be a positive enhancement to the subdivision’s entrance. Plantings in the cul de sacs and other public signs were discussed. Planner Marchek commended the landscaper for creating a very professional and thorough plan. The request was made that erosion matting be utilized in all cul de sac plantings to help promote and maintain adequate growth.

      Motion Wiedmeyer/Steingraber to approve the landscaping plan with the condition that erosion matting be used for cul de sac plantings, request for an exception to the 50-ft. spacing requirement for public street trees, and subdivision identification sign; carried. (Aye’s: Brandt, Lindquist, Mueller, Steingraber, Wiedmeyer, Wolf; Abstaining: Foerster.)

    2. Final Plat, Covenants & Restrictions, Homeowners Association By-Laws, Stormwater Maintenance Agreement and Development Agreement for Pleasant Farm Estates Creating 50 Lots and 6 Outlots (Developer Polk Properties, LLC).

      Commissioner Wiedmeyer requested that the required change to covenant 6.6(B) be noted in accordance with the condition placed on the approval of the landscaping plan. Chairman Brandt stated this would be so noted.

      Planner Marchek discussed the history of the review process for these documents. Engineer Haggerty stated that staff now finds the plans to be acceptable in all aspects. Mr. Thoma informed the Commission that Washington County had also indicated their approval of the soil tests for each lot.

      Mr. Thoma asked to speak before any motion was made and stated he wished to express his concern that the subdivision was being charged for the cost of an emergency warning siren. He stated he did not feel this was fair, as other developers in this area had not been charged accordingly. Planner Marchek explained that it had only recently been determined that a siren would be needed in this area and it was the Village’s intention to include such items in all development agreements as needed in the future. Chairman Brandt pointed out that other developers in the area had been subjected to different costs such as the extension of electric service to the area and that was substantially greater than the cost under discussion at this time. Administrator/Clerk Murphy informed Mr. Thoma that this matter could be tabled and referred back to the Village Board for further consideration, which would open all components of the agreement up to renegotiations. She explained that such items are commonly included in development agreements when it is determined that new development has generated specific needs.

       

      Motion Foerster/Wiedmeyer to recommend approval of the final plat, covenants & restrictions, homeowners association by-laws, stormwater maintenance agreement and development agreement for Pleasant Farm Estates subject to the following: 1) any conditions placed by the State of Wisconsin, 2) any conditions placed by the Department of Transportation, and 3) the amendment of Covenant 6.6(B) to require that at least one of the required two tree plantings be located within the front yard of each lot; carried.

    3. Condo Plat and Declaration for Steeple View Condominium, a Conversion of a 4-Unit Building at 131 Glen Hill Drive From Rental to Condo Status (Property Owner Bruce Ellis).

      Planner Marchek explained this item and informed the Commission there were no unusual circumstances as the building already conformed to all zoning and building codes. Bruce Ellis appeared before the Commission to address any questions presented.

      Motion Lindquist/Mueller to recommend approval to the Village Board of the Condo Plat and Declaration for Steeple View Condominiums to be located at 131 Glen Hill Drive; carried.

    4. Extraterritorial CSM in the Town of Polk Creating 3 Parcels, Two of Which are Less Than 35 Acres in Area Located in Section 14 Along Lily Road (Property Owner Myrna L Schickert).

      Planner Marchek explained the location of this property and explained that it fell within the extraterritorial jurisdictions of both the Village of Slinger and the Village of Jackson, however the majority of the parcels fell within Slinger’s extraterritorial limits and this was why the matter was before the Commission at this time.

      Motion Wolf/Steingraber to recommend approval to the Village Board of the extraterritorial Certified Survey Map as presented, subject to any requirements of the Town of Polk and Washington County; carried.

    5. Extraterritorial CSM in the Town of Polk Creating 2 Parcels Along the East Side of CTH CC (Referral From the City of Hartford – Property Owners C. Baumgartner, K. Jahnke, and D. Robel).

      Planner Marchek informed the Commission that this property was actually located outside of the Village’s extraterritorial jurisdiction, however the City of Hartford had requested the Village’s review due to the fact that it was located to the east of the future growth line that had been agreed upon by the Village and the City. He stated the site was 1 mile beyond the Village’s 2025 planning area and should have no effect on the Village’s long-range land use plan.

      Motion Wiedmeyer/Foerster to recommend approval to the Village Board of the extraterritorial Certified Survey Map as presented; carried.

    6. Building Inspector’s Report on Non-Compliance Matters.

Inspector Frederickson informed the Commission there was positive progress to report on the status of 120 Kettle Moraine Drive S and a party interested in purchasing the property had initiated negotiations with the present owner.

  1. Adjourn Meeting.

Motion Foerster/Wiedmeyer to adjourn at 7:55 p.m.; carried.

 

Approved By: ____________________________________

Russell Brandt, Chairman

Drafted by Margaret Wilber, Treasurer/Deputy Administrator/Clerk