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December 7, 2005 PLAN COMMISSION
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TOWN OF GRAFTON
PLAN COMMISSION
December 7, 2005
Official Minutes
I. CALL TO ORDER
A. Chairman Bartel called the meeting to order at 7:00 P.M.
B. Pledge to the Flag
C. Present:
Chairman Lester A. Bartel, Jr.
Commissioner Bob Clapper
Commissioner Mike Ansay
Commissioner Karron Stockwell
Commissioner Bob Wolf
Commissioner Lou Hefle
Alt. Commissioner Craig Butler
Town Clerk Wendy Weeks
Administrative Assistant Lila Schwan
Town Engineer Kevin Kimmes
Building Inspector Rick Fellenz
D. Absent: Commissioner Lyle Sperber
II. ASSURANCE OF PROPER NOTICE
A. Town Clerk Wendy Weeks assured that the Agenda was properly noticed.
III. REVIEW AND APPROVE THE NOVEMBER 2, 2005 MINUTES
A. ACTION: Commissioner Clapper moved to accept the minutes as presented.
Seconded by Commissioner Wolf. Motion carried unanimously.
IV. PUBLIC HEARINGS- THE PLANNING COMMISSION OF THE TOWN OF GRAFTON, OZAUKEE COUNTY,
WISCONSIN, WILL HOLD PUBLIC HEARINGS FOR DISCUSSION AND POSSIBLE ACTION DURING ITS REGULAR
MEETING ON DECEMBER 7, 2005, AT 7:00 PM AT THE TOWN HALL, 1230 11TH AVENUE, GRAFTON, WI.
AT THAT TIME OPPORTUNITY WILL BE AFFORDED TO ALL INTERESTED PARTIES IN BEING HEARD CONCERNING:
A. A Conditional Use Permit for Marko and Jane Musich to build and operate the-Family Farm
Conference Center/Curling Club – 308 N. Port Washington Road, Tax Key #06-032-07-
004.00
1. Chairman Bartel opened the Public Hearing at 7:03 pm. There being no one who
wished to speak to the application, the Public Hearing was closed at 7:04pm.
2. Town Engineer Kevin Kimmes reported this application was for an amendment to an
existing conditional use permit for this parcel granted in October, 1996.
3. Commissioner Ansay requested clarification regarding what the Plan Commissions
role is with the application
4. Mr. Kimmes restated that the application was for a new use, and as a part of that use
review, we are looking at all of the impacts on the property, including road
construction for the entrance, the facilities and their uses, the required parking, and
how it all functions. Mr. Kimmes agreed that there were a lot of uses to look at on the
same parcel.
5. Mr. Marko Musich stated that uses will include the Family Farm which operates
during the summer months, along with holding wedding receptions, business
conferences, private catered affairs, antique shows, community events, all during the
allowed hours of operation. This would include an enhanced food service in that
building. which would be a public use that would close at 11:00pm. The restaurant
has been scaled back, and the plans reflect the smaller needs for the next several
years
6. Chairman Bartel stated that what is needed is conditions for the conditional use
permit for the Plan Commission to review
Town of Grafton Plan Commission Official Minutes - December 7, 2005 Page 2 of 5
7. Commissioner Clapper stated that the original use outlined for the ice area during
non curling times was for a museum use, a display of farm equipment.
8. Mr. Musich stated that he does not want a busy convention center, but wants to use
the facility so it does not end up a white elephant during the summer months. He
wants to market it so that it stays busy. The focus is the Family Farm, which is
underutilized.
9. Town Engineer Kevin Kimmes stated that he would like to see a table put together
showing the different uses, hours of the specific uses, trips generated per use, and
number of employees.
10. Mr. Kimmes stated that this will be a large investment for the applicant, and is
suggesting a longer time frame for the conditional use permit.
11. Chairman Bartel suggested a 5 year review period.
B. ACTION: Commissioner Clapper motioned to table action until next month when
staff will come back with applicable conditions. Commissioner Wolf seconded.
Motion carried unanimously.
C. A Preliminary Plat Application for Nancy Fox-1544 East River Road, Tax Key #06-018-03-
002.00
1. Chairman Bartel opened the Public Hearing at 7:44pm. There being no one who
wished to speak regarding this application. Chairman Bartel closed the Public
Hearing at 7:45pm.
2. Town Engineer Kevin Kimmes reported this applicant has purchased additional land
from neighbors to the north and now has 5 full acres. The land division will create 5
lots, of which 3 will access off of East River Road, and 2 lots will have access off of
CTY V. Ozaukee County requires that lots 4 & 5 have a combined access. There
are no wetlands on this site, and zoning is R-3. The existing home on lot #3 does not
meet setback requirements, and will continue under pre-existing, non-conforming. If
the building would ever come down, it would then need to meet current setbacks in
order to rebuild. There is no future road proposed. Engineering is recommending
approval, and urging the applicant to locate the driveways for lots 1 & 2 somewhat
adjacent, or lots 2 & 3 somewhat adjacent to try and combine access points.
3. Chairman Bartel stated this is a state subdivision due to being 5 lots of one and a half
acres or less.
4. ACTION: Commissioner Ansay motioned to approve the preliminary plat
application pending payment of all fees. Commissioner Clapper seconded.
Motion carried unanimously.
D. A Conditional Use Permit for Brad & Mary Babor, to build a garage greater than 800 square
feet at 223 Aqua View, Tax Key #05-036-13-001.00.
1. Chairman Bartel opened the Public Hearing at 7:47pm. No citizen wished to speak
to the application and Chairman Bartel closed the Public Hearing at 7:48pm
2. Town Building Inspector, Richard Fellenz reported that the garage meets all setbacks
and height requirements and limitations. The building is 31’x32’ and a story and a
half.
3. ACTION: Commissioner Stockwell moved to grant the Conditional Use Permit.
Pending payment of all fees, and acquiring all proper permits. Craig Butler
seconded.
Town of Grafton Plan Commission Official Minutes - December 7, 2005 Page 3 of 5
V. OLD BUSINESS
A. Conditional Use Permit Review – Robert Tillmann – Discussion and possible action
concerning review/renew of Conditional Use Permit # 03-08 to Mine Sand & Gravel at Tax
Key #06-004-05-002.00, CTY HWY 32.
1. Commissioner Ansay abstained from all discussion and action concerning this matter
due to a conflict.
2. Town Engineer Kevin Kimmes updated the Commission regarding Mr. Tillman’s
approvals from the DNR and the Army Corp. of Engineers on his permit. The DNR
has granted approval, and the Army Corp. of Engineers has put a “cease to reviews
of all applications” until they are done with dealing with Hurricane Katrina.
3. The Town Engineer recommends tabling this until May 2006
4. Mr. Kimmes stated that Ozaukee County is satisfied with Mr. Tillman’s efforts.
5. Mr. Kimmes stated that the last motion was taken back when Mr. Jon Edgren was
the Town Engineer, and the conditional use was approved through December of last
year. Mr. Kimmes further stated that Mr. Tillman’s operation pre-exists the Towns
conditional use reviews.
6. Chairman Bartel stated the record should state that Mr. Tillmann is not operating
illegally.
7. Commissioner Clapper stated that Mr. Tillman is not operating at the moment, and
has a stockpile of material, and doesn’t need to do any mining during this period of
time.
8. ACTION: Commissioner Clapper motioned to table this issue until May 2006,
or until Mr. Tillmann receives a response from the Army Corp. of Engineers
and all other objecting agencies. Commissioner Wolf seconded. Motion
carried 6-0.
B. Public Participation Plan-Smart Growth- Discussion and possible action concerning the
Town of Grafton’s adoption of Ozaukee County’s Public Participation Plan.
1. Town Planner Jamie Rybarczyk reported that Mr. Larry Witzling of PDI had reviewed
the agreement and agreed to the changes .It will now be the Towns ordinance and
not the model ordinance that other municipalities are signing off on.
Mr. Rybarczyk stated that as he does sections to the Smart Growth Plan, he will be
bringing those updates to the Town of Grafton Plan Commission.
Mr. Rybarczyk further stated that data regarding the Smart Growth plan will be
available at the Town Hall, on the Town newsletter, and the Town’s web site, and a
public informational meeting is set for March 15, 2006 where the County and
SEWRPC will be going over all the data with the Town. .
2. ACTION: Commissioner Ansay motioned to accept the contract.
Commissioner Wolf seconded. Motion carried unanimously.
C. Bed & Breakfast Amendment – Discussion and possible action concerning Bed and
Breakfast amendment language.
1. Town Clerk Wendy Weeks reported on draft language for a Bed and Breakfast
amendment to the Zoning Code. Ms. Weeks further stated that the Town had
previously held public hearings, and passed amendments, which were not
incorporated in to the Town Code.
2. ACTION: Commissioner Clapper moved to recommend to the Town Board of
Supervisors to add this amendment to the Zoning Code subject to final
approval of Town Counsel and participating agencies. Seconded by
Commissioner Wolf. Motion carried unanimously.
Town of Grafton Plan Commission Official Minutes - December 7, 2005 Page 4 of 5
VI. NEW BUSINESS
A. Grafton Soccer Club-Conditional Use Permit Renewal
1. ACTION: Chairman Bartel motioned to approve the Conditional Use Permit for
3 years. Commissioner Stockwell seconded. Motion carried unanimously.
B. RMS Golf Ventures-Conditional Use Permit Renewal
1. Commissioner Ansay stepped down and abstained from any and all discussion and
action concerning this matter because of a professional conflict
2. Commissioner Wolf informed the applicant that they do need to apply for temporary
sign permits for the restaurant and the golf course.
3. ACTION: Commissioner Stockwell motioned to approve the Conditional Use
Permit for 5 years. Commissioner Butler seconded. Motion passed 6-0
C. Grafton Equestrian Center – Karin Manley – Discussion regarding amending the Town of
Grafton Zoning Code, Conditional Uses, section 4.05(E), and section 4.05(J)
1. Chairman Bartel stated the Town should re-examine this matter in the Agricultural
Zoning Districts.
2. Chairman Bartel stated the Town would welcome Mrs. Manly making application or
petition to the Plan Commission to amend the code.
3. Mr. Kimmes stated that engineering will supply an estimate of up-front costs.
4. No Action
VII. ADVISORY DISCUSSIONS.
A. Leben Trust – Concept Plan – Palmisano Companies/Russell Knetzger Agent – Discussion
regarding a proposed R-3 Residential Conservation Subdivision.
1. Town Engineer Kevin Kimmes reported the proposed project is a 223 acre state
subdivision near the corner of Pioneer and Port Washington Roads. The
development would include 17 cul-de-sacs which provide poor circulation and high
maintenance costs, and applicants did not provide a yield plan, or the correct amount
of open space for a conservation subdivision.
2. Commissioners Clapper and Wolf questioned as to why this application was brought
before the Commission when it lacked the correct amount of open space in a
residential conservancy.
3. Mr. Sal Palmisano stated the plan has 149 lots, and his planner, Mr. Knetzger had
shown lots on an adjacent property which is not a part of this proposal. He further
stated their choice for cul-de-sacs, from a marketing standpoint, was because they
are safer for children, and seem to create more of a community.
4. Chairman Bartel requested the applicants go back and start with the base line yield
plan, study the ordinance, and develop a concept that can be reviewed by staff.
5. No Action.
VIII. RESIDENT CORRESPONDENCE/PERSONS WISHING TO BE HEARD
A. Bob Schanen
1. Supervisor Kaul reported he had received a call from Bob Schanen of 2331
Lakeshore Road with concerns over VK Development buying everything around him
and annexing into the City of Port Washington. He is worried about becoming an
island or a forced annexation into the City of Port Washington.
2. Chairman Bartel reported his understanding of the laws is that the municipality has
the right to force Islands to annex. Mr. Bartel suggested Mr. Schanen contact the
City of Port Washington and find out what policy they have
Town of Grafton Plan Commission Official Minutes - December 7, 2005 Page 5 of 5
IX. TOWN STAFF UPDATES
A. Town Engineer Kevin Kimmes reported that River Forest LLC, Mike Koepke, has requested
an investigation into code changes in the RDCO district, and would like to enter into an
agreement with the Town and PDI and Bonestroo, and would pay the town the for services
rendered in a separate contract between the Town, PDI, and Bonestroo.
1. Chairman Bartel stated applicant is saying PDI and Bonestroo have some
efficiencies that would save them the time and energy of start-up and research time
with another firm.
2. Commissioner Ansay stated that we must be very clear that their desired outcome
may not be the final outcome, but are willing to pay for it.
B. Mr. Kimmes reported there has been no progress with Lakeland Shores LLC regarding the
Solvay property. Environmental reports by GZA oppose reports by Conestoga-Rovers &
Assoc.
C. Town Engineer reported on a new flood plain map of the Town of Grafton prepared by the
DNR, FEMA, SEWRPC, and Ozaukee County.
X. ANY MISCELLANEOUS ITEMS DEEMED PERTINENT BY LAW.
A. NONE
XI. ADJOURN
A. Action – Motion made by Commissioner Ansay to adjourn. Seconded by
Commissioner Clapper. Motion carried 6-0.
Respectfully Submitted,
Wendy Weeks, Town Clerk
Archive:
April 11, 2012 Board of Supervisors
April 4, 2012 Plan Commission
March 21, 2012 Open Space Commission
March 14, 2012 Board of Supervisors
March 7, 2012 Plan Commission
February 15, 2012 Open Space Commission
February 8, 2012 Board of Supervisors
February 1, 2012 Plan Commission
January 18, 2012 Open Space Commission
January 11, 2012 Board of Supervisors
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