MINUTES OF THE VILLAGE PLANNING COMMISSION MEETING

May 16, 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, May 16, 2007 in accordance with the Notice of Meeting delivered to the members on Friday, May 11, 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

            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
                                Margaret Wilber, Treasurer/Deputy Administrator Clerk
                                James Haggerty, Village Engineer/Director of Public Works

    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: 04-11-07

Motion Wolf/Foerster to approve the minutes from the 04-11-07 Planning Commission meeting as presented; carried.

  1. Public Hearing & Action Thereon:
    1. Request for a Conditional Use Permit to Allow a Ground-Mounted Master Identification Sign Located Along the North Side of the Driveway at STH 164 Serving the Seven Hills Center (Applicant Design 2 Construct for Owner Ziegler-Bence Development)

Administrator/Clerk Murphy read the Notice of Public Hearing and confirmed that all publishing requirements had been fulfilled. Treasurer Wilber informed the Commission that no comments had been submitted prior to the meeting. Chairman Brandt asked if anyone representing the applicant wished to present this request.

Mark Herzfeld from Design 2 Construct appeared before the Commission to explain the reasons for this request. He reviewed the history of this site and stated that due to Department of Transportation requirements along STH 60, the median had been reconfigured and now prevented convenient access from STH 60. He further stated this resulted in serious traffic issues for people attempting to access the property. Mr. Herzfeld stated the proposed sign would create greater visibility for the tenant businesses and help alleviate some of these issues.

Chairman Brandt opened the hearing to public comment at 6:06 p.m.

Mike Glynn, owner of Glynn Financial Services at 1155 E Commerce Boulevard, stated he agreed with Mr. Herzfeld’s analysis of the traffic problems in the area and his businesses experienced similar issues.

Building Inspector Frederickson asked about any possible conflicts with utility easements in the area. Mr. Herzfeld stated he had reviewed the location of utility easements with Village Engineer Haggerty and they had concluded that the sign could abut the easement, provided the Village is given a hold harmless agreement releasing the Village and its designees should any damage result from utilities work needed in that area.

Motion Foerster/Steingraber to approve the Conditional Use Permit allowing a ground-mounted Master Identification Sign to be located along the north side of the driveway at STH 164, the Seven Hills Center; carried unanimously.

  1. Unfinished Business, Review & Action Thereon:
    1. Request for an Exception From the 50 Foot Spacing Requirements for Public Street Trees; and Landscaping Plan for the Sherman Heights Subdivision (Developer Louis Neuville).

      Planner Marchek reviewed the previous discussion on this item and stated the landscaping plan had been revised to show the additional plantings requested within the three stormwater basin outlots. Discussion was held on the specifications for the various plantings to be used within the outlots. Planner Marchek stated it was his recommendation that the height and/or size of all landscape materials be indicated on the plan as a condition of approval.

      Planner Marchek also reminded the Commission that an exception to the Village’s 50-foot spacing requirement would have to granted before the landscaping plan could be approved.

      Motion Foerster/Wolf to grant an exception to the Village’s 50-foot spacing requirements for public street trees and approve the revised landscaping plan for the Sherman Heights Subdivision subject to the condition that the plan be amended to show the height and/or size of all landscape materials at the time of planting. It was agreed that the proposed Black Hill Spruce trees would be 4-ft in height at planting.

      Yeas: Brandt, Foerster, Steingraber, Wiedmeyer, Wolf; Nays: Lindquist, Mueller; motion carried.

      Discussion was then held on the Village’s overall street tree policy. Planner Marchek explained this item was currently being examined at staff level and recommended changes would be presented to the Commission at a later date.

    2. Request for Exemption From the Minimum 35 Acre Lot Area Requirement Related to an Extraterritorial Certified Survey Map to Create a 5.0 Acre Lot Containing Existing Farm Buildings in the Town of Polk (Property Owner Mildred Zurn – 4351 CTH Z).

Planner Marchek reminded the Commission that this item was tabled from the April meeting because the Town of Polk had not approved the CSM because the triangular shape was unacceptable.

Mike Glynn, representing the property owner, appeared before the Commission and stated the revised Certified Survey Map would create a rectangular shaped lot which has been approved by the Town of Polk.

Planner Marchek explained the sequence needed for review of this matter and stated the Commission would first need to determine whether an exemption to the Village’s extraterritorial criteria should be granted. After that issue had been decided, the Commission could then determine whether this particular CSM should be approved. He reviewed the criteria to be met for granting an exception and discussion was held on each of the items.

Motion Wolf/Foerster to grant an exemption to the minimum lot size of 35 acres because of possible hardship in selling the whole parcel, and lack of detriment to adjacent properties; carried.

Motion Mueller/Foerster to recommend approval to the Village Board of the extraterritorial Certified Survey Map creating a 5.0-acre lot with existing farm buildings at 4351 CTH Z; carried.

Planner Marchek stated it may be advisable to postpone discussion of the next item until later in the meeting to avoid extensive delays to those in attendance for other matters.

Motion Foerster/Mueller to suspend the agenda to move the review of the Smart Growth Comprehensive Plan Report to the last item on the agenda; carried.

  1. New Business, Review & Action Thereon:
    1. Review Concept Plan for Boat & Trailer Sales and Storage Facility and Possible Zoning Text Amendment Related Thereto at a 3.4 Acre Lot Along Addison Road About 300 Ft. North of Arthur Road (Property Owner Anthony Lambo; Keith’s Marina – Steve Keith).

      Planner Marchek discussed the history of this lot and stated this was being brought before the Commission in concept form first to determine if any further plans should be developed. He turned the discussion over to the property owner, Anthony Lambo and the business owner, Steve Keith.

      Steve Keith appeared before the Commission and stated that, contrary to the wording of this item on the agenda, this project was not associated with the Keith’s Marina business. He stated there would be no sales or active business operations taking place at this site, and the intention was to obtain approval for a storage building only. Commission members asked about specifications for this building and the concept plan was reviewed.

      Discussion was held on the need to maintain a certain quality of building and commercial enterprise in the area due to its high visibility along the highway.

      Motion Lindquist/Mueller to deny the concept plan as presented; carried.

    2. Site and Architectural Plan for a 1,792 Sq. Ft. Field Sports Equipment Accessory Building Located at the Slinger High School Athletic Field

      (Dave Gutbrod, Slinger Iron & Steel Corp.)

      Planner Marchek reviewed the plan for this project and stated the final location of the facility was still to be determined pending a review of site drainage patterns.

      Dave Gutbrod from Slinger Iron & Steel appeared before the Commission and stated the drainage review was nearly complete and the final location could be provided soon.

      Motion Lindquist/Mueller to approve the Site and Architectural Plan for a Sports Equipment Accessory Building at the Slinger High School athletic field provided the final location of the facility is not in conflict with site drainage patterns and is field-reviewed by the Village Engineer and Building Inspector prior to construction; carried.

    3. Condominium Plat for Second Addendum to Arbor Pointe Condominiums Amending the Location of Certain Building Locations Within the Plat (Verrada Development, LLC).

      Ann Cook from MSA appeared before the Commission to explain the changes that had been made to the condominium plat previously approved by the Commission. She noted that one of the buildings had been moved from its original location while others had been expanded within their original footprint.

      Planner Marchek asked the Commission to consider adding a condition to approval that would require a review of all infrastructure requirements in accordance with the Development Agreement. Discussion was held on whether such a condition was necessary since the requirements were already in the agreement. Planner Marchek explained this request for approval presented an opportunity for staff to review and enforce compliance with those requirements.

      Motion Wiedmeyer/Foerster to recommend approval to the Village Board of the Condominium Plat for the Second Addendum to Arbor Pointe Condominiums amending the location of certain buildings within the plat; carried.

    4. Request for an Exemption From the Minimum 35 Acre Lot Area Requirement Related to an Extraterritorial CSM in the Town of Polk Creating 2 Lots, Each Less Than 35 Acres in Size, and 1 Outlot, All With Access From White Hawk Trail in the Northwest of Section 9 (Property Owner George D. Shanks, Jr.)

      Planner Marchek informed the Commission this item was similar to the extraterritorial CSM request discussed earlier, an exemption would have to be granted before the CSM could be approved. He also provided the Commission with copies of an e-mail received from the Town of Polk that outlined the Town’s conditions of approval.

      Rick Simon, representing property owner George D Shanks, Jr, appeared before the Commission to explain the conditions placed on the property. He stated that at this time, the lot was being divided into two lots only, however the Town of Polk had required that a potential third lot be shown to indicate a possible future division. Mr. Simon also stated the outlot was needed to show the position of a cul-de-sac that would be required if the third lot is ever created.

      Motion Wiedmeyer/Foerster to grant an exemption to the minimum lot size of 35 acres in extraterritorial areas and recommend approval to the Village Board of the extraterritorial Certified Survey Map creating 2 lots and 1 outlot with access from White Hawk Trail in the Northwest ¼ of Section 9 in the Town of Polk; carried.

    5. Request to Vacate a Portion of Right-of-Way of the Turn-Around of Cedar Bluffs Way, and Acceptance of Quit Claim Deed for Additional Right-of-Way to Match Constructed Location of Turn-Around. (Northern States Development/MSA).

      Planner Marchek informed the Commission that Village Engineer Haggerty and Craig Johnson, representing the property owner Northern States Development, were present to address any questions there might be regarding this item. Planner Marchek stated this was the first step in a two-step process. He explained that first, the right of way areas for Cedar Bluffs Way will have to be amended to conform with the final configuration of the cul-de-sac, which was changed after the Department of Transportation had raised objections to the original design.

      Planner Marchek stated that after the right of way had been adjusted by a partial vacation and acceptance of a quit claim deed, the affected Certified Survey Maps would need to be amended and resubmitted for approval.

      Discussion was held on the probability of an extension to Cedar Bluffs Way that would connect the road to CTH C. Administrator/Clerk Murphy informed the Commission that the Department of Transportation had recently announced their decision to utilize roundabouts at the intersection of STH 60 and CTH C, and also in the intersection of CTH C and American Eagle Drive. Planner Marchek stated an extension of Cedar Bluffs Way would improve traffic flow in that area and provide greater access to adjoining lots.

      Craig Johnson asked if the second step of this process, which would be the reconfiguration of Certified Survey Maps, could be delayed until the Department of Transportation’s plans for the roundabouts were made available since any maps drawn up at this time would have to be adjusted again after the roadways were designed. Planner Marchek stated that the right of way designations could be corrected at this time and the CSM amendments postponed until a later date.

      Motion Wiedmeyer/Wolf to recommend approval to the Village Board of the request to vacate a portion of the right-of-way and accept a quite claim deed for additional right-of-way at the turn-around of Cedar Bluffs Way; carried.

    6. Building Inspector’s Report.

      Building Inspector Frederickson informed the Commission there was no significant progress to report on the status of the property at 120 Kettle Moraine Drive S. He stated there were still parties interested in purchasing the property and he still believed that progress would be made eventually.

      Building Inspector Frederickson also stated that new construction within the Village was already at a fairly high volume for the year.

      Administrator/Clerk Murphy stated she wished to expand on the Building Inspector’s report to review a matter previously decided on by the Planning Commission. She read an excerpt from the March 14, 2007 meeting minutes that discussed the decision made concerning an expansion requested for a building owned by E.H. Wolf & Sons, and in particular the fact that the relocation of the water main in that area would be the responsibility of the property owner. Administrator/Clerk Murphy stated that new factors had developed that may require further consideration of this issue.

      Administrator/Clerk Murphy informed the Commission there could be no type of action taken this evening due to the fact that these developments were very recent and had been presented after this meeting’s agenda had been posted and published. She stated the issue may need to be addressed prior to the next scheduled meeting and she wished to bring this to the Commission’s attention at this time.

      Village Engineer Haggerty and property owner Craig Wolf were present and provided the Commission with some very preliminary information regarding this matter. Due to the fact that the subject had not been included on the meeting agenda, the Commission directed staff to make arrangements for a special Planning Commission meeting to be scheduled so the matter could be reviewed and discussed in detail.

      At this time, the meeting returned to the agenda item suspended earlier.

    7. Completion of the Smart Growth Comprehensive Plan Report Including Final Review of Land Use Plan Map, North By-Pass Road Alignment (per SEWRPC), Proposal to Designate Blank Property for Parkland Use, and Resolution Recommending Adoption of the Plan.

Planner Marchek asked the Commission members to provide him with their copies of the land use plan map with their annotations for amendments to the plan. Discussion was held on future land uses that might conflict with soil conditions or other circumstances. Planner Marchek explained that the map neither mandated nor obligated any particular use and future uses would still have to meet all existing Village requirements.

Planner Marchek stated there was a conflict between the Transportation Plan Map shown in the Village’s documents and the long-range SEWRPC transportation plan that and been previously endorsed by the Village. He explained that the northern reliever route shown on SEWRPC’s plan establishes a new arterial route paralleling Arthur Road and connecting with Kettle Moraine Road. Planner Marchek stated it was his opinion the Village’s map should be left as shown, however additional text could be inserted in the transportation section to acknowledge the different routes.

Planner Marchek further stated that another issue to be discussed at this time was the possible designation of a parcel of land adjacent to Fireman’s Park as future parkland. He explained this had been requested by the Parks & Recreation Department and would be included in the Parks and Open Space Plan presently under development. Planner Marchek informed the Commission that the property owner, Robert Blank, was present to discuss this issue further.

Robert Blank appeared before the Commission and asked how this designation would impact his property rights. Chairman Brandt explained that there would be no infringement on his property rights since this action would not affect the zoning of the property. Chairman Brandt stated the designation would only indicate the Village’s intention to expand the park in that area should the opportunity present itself at some time in the future. Mr. Blank asked how the designation might affect any land division he may wish to request in the future. Planner Marchek stated a land division could still be considered, however the Village may present objections to it if it was considered to be in conflict with park plans.

Discussion was held on the significance of this designation and whether it would be advisable at this time since the Village had no definite plan to acquire the land. Mr. Blank expressed his concern that categorizing his property as future parkland might have a restricting effect on any plans he or his family might have for the land.

Motion Lindquist/Mueller to approve the revision of the Smart Growth Comprehensive Plan Report to designate the Blank property located at 655 Baehring Drive as future parkland.

Yeas: Brandt, Lindquist, Mueller, Wiedmeyer; Nays: Foerster, Steingraber, Wolf; motion carried.

Planner Marchek informed the Commission the final step in the Smart Growth Plan process would be the approval of a resolution to adopt the plan. He provided the Commission with the proposed resolution and explained that if the resolution is approved, it would then be forwarded to the Village Board for a Public Hearing to be scheduled on the adoption ordinance. He stated that approval at this time would allow for a Public Hearing to be scheduled possibly for July 2, 2007.

Discussion was held on whether the resolution could be approved at this time due to the many changes that had been authorized at this meeting and if this item should be tabled until next month. The Commission reviewed the resolution to determine if it would have to be amended to reflect those changes. Chairman Brandt stated the resolution could be left as is provided that the motion was worded to indicate the specific changes needed.

Motion Mueller/Lindquist to approve Resolution #06-01-07 of the Village of Slinger Planning Commission Adopting the Village of Slinger Comprehensive Plan for 2025 subject to the following amendments being made to the plan prior to enactment of the Ordinance of Adoption: that all land use map corrections be incorporated into the final map, that additional text be inserted into the Transportation Plan to acknowledge the conflict between the Village’s proposed route for the northern reliever route and the route as adopted in the SEWRPC 2035 Regional Transportation Plan, and that the Blank property at 655 Baehring Drive be designated as proposed parkland on the Land Use Plan Map.

Yeas: Brandt, Lindquist, Mueller, Steingraber, Wiedmeyer; Nays: Foerster, Wolf; motion carried.

  1. Adjourn Meeting

Motion Wiedmeyer/Steingraber to adjourn at 8:43 p.m.; carried.

Approved By: ____________________________________

Russell E. Brandt, Chairman

Drafted by Margaret Wilber, Treasurer/Deputy Administrator Clerk