Minutes 1-8-25

TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday January 8, 2025 Chairman Topczewski called the meeting to order at 6:30 p.m. and stated the meeting had been appropriately noticed. Roll Call Plan Commission: Commissioners, Bratz, Usarek, Moulas, Bell, Schuett, Supervisor Clabault and Chairman Topczewski were present. Town Board: Supervisors Boucher, Clabault, Wrasman, Yerke and Chairman Topczewski were present. Also present: John Macy, Town Attorney; Gail Obradovich, Deputy Clerk-Treasurer, Ben Greenberg, Town Planner, and the Honorable John Fuchs Meeting minutes of November 6, 2024 Plan Commission Action: Motion by Chairman Topczewski to approve the minutes of November 6, 2024 with corrections to School District item #6, removing TOWN of Mukwonago Rec Dept to Mukwonago Area School District and title for Mr. Wegner to the District Facility Manager, second by Commissioner Usarek, all ayes; motion passed. Town Board Action: Motion by Supervisor Yerke to approve the minutes of November 6, 2024 as corrected, second by Supervisor Clabault, all in favor; motion passed. Report by Building Inspector regarding any alleged or outstanding violation(s) The Building Inspector had reported he no new violations Some agenda items were taken out of order at the request of the Town Chairman. One lot certified survey map located off of STH 59 (vacant land - no address) (MUKT1894998); Zakrzewski 2006 Joint Revocable Trust (Diane Zakrzewski, Agent) application 2024-11 (Tabled from the October 2,2024 meeting) The Chairman gave a brief overview of the application. Mr. Greenberg reviewed his Staff Report dated December 18, 2024 and discussed the current situation. The County recommendations were addressed. Discussion followed. Plan Commission action: Motion by Commissioner Schuett to recommend to the Town Board the approval of the certified survey map subject to Conditions 1-4 and 1-12. Second by Commissioner Bratz, all in favor; motion passed. General conditions: 1. Staff and Governmental Approval. Prior to the Town signing the final plat/CSM, the commencement of any construction of any improvement, whether public or private, or any site development, the developer shall satisfy all comments, conditions and concerns of the Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 2 Town Engineer (if applicable), the Town Planner and all reviewing, objecting and approving bodies, including, but not limited to, the Wisconsin Department of Administration per ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code; Wisconsin Department of Administration per ch. 236, Wisconsin Statutes; and Waukesha County Parks and Land Use Department. 2. 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 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. 3. 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 breac h 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. 4. Surveyor's responsibility. Although the Town of Mukwonago has reviewed the subdivision plat/certified survey map, the surveyor is entirely responsible for the thoroughness and accuracy of the survey and related matters and compliance with all state and local codes, ordinances, and procedures. Modifications to the survey may be required should errors or changed conditions be found at a future date. Additional Conditions: 1. The proposed Lot 1 cannot contain lands which are not part of the subject property. Therefore, Lot 1 must terminate at the railroad right of way and the lands south of the railroad right of way shall be identified as Outlot 1. 2. The boundaries and dimensions of Lot 1 and Outlot 1 must be shown on the CSM. 3. The intended use of Outlot 1 must be noted. 4. A note shall be added to the CSM which states: Lot 1 and Outlot 1 cannot be sold separately. 5. The surveyor's seal, signature, and date must appear on all sheets of the final CSM. The same revision date must also be noted on each sheet. 6. The lands to be dedicated for public road purposes must be identified as such. 7. Road dedications shall be in accordance with the Established Street and Highway Width Map of Waukesha County. The right-of-way of STH 59 is 120 feet. Please revise the variable ROW notes on the CSM. 8. The subdividers phone number is not required to be placed on the CSM and can be removed. 9. The Waukesha County Shoreland Protection Ordinance jurisdictional boundary shall be added to the CSM. 10. A note shall be placed on the CSM which states: The current connection to State Highway 59 is a farm access only. Any changes in use shall require WISDOT approval for a new or improved connection to the highway. 11. Per WI Ch. 236, the following note shall be placed on the CSM: “Any land below the ordinary high -water mark of a lake or a navigable stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the state constitution.” 12. Remove the signature block for the Plan Commission on sheet 4. (The Plan Commission is advisory.) Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Plan Commission. Second by Supervisor Wrasman, all in favor; motion passed. Conditional use request for a Farm education use to operate an animal sanctuary and education center at S67W28435 River Rd; Thalia Haseotes, applicant; Chris Meuler, agent; application 2024-19 The Chairman gave summarized the previous discussion. Mr. Greenberg explained next steps outlined in his staff report dated December 18, 2024. Discussion followed with questions from the Plan Commission and Town Board. Mr. Fuchs explained his role is in this matter. The questions were addressed by Ben Greenberg and the applicant and their attorney Chris Meuler. Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 3 Thalia Haseotes, applicant, and her attorney Christopher Meuler answered questions The Chairman opened the Public Hearing. Public Comment Brenda Schuett S66W28740 River Rd. questioned how non-profit sales will work and farm education. Also concerned about 20 cats. Jack Walrath S66W28412 River Rd also works with special needs animals. Concerns about large buses. Loves the peace and quiet. Concerned about 100 people attending fund raisers. How late will fund raisers go and traffic and end of event. Bright lights at night. Hunting in the fall with gun shots. Karen Williams S66W28406 River Rd. Will more buildings be allowed and need to be approved by the Town. Atty Macy asked that the entire packet from Mr. Fuchs be included as reference of evidence presented at the Public Hearing for the record. Mr.Fuchs made that request. Jack Walrath what is the access actually going to be? The Chairman closed the Public Hearing. A short break was taken and agenda item #8 item was taken up. Items 6 & 7 were resumed item upon finishing Schmit application. Mr. Fuchs presented his recommendation to accept the application with conditions listed below. Permitted uses comply. All general conditions met One year review Not transferable Transport to be County recommendation No poultry Fencing to restrict animals going into marsh 100 person limit 10pm not more than 6 per year Live in manager. Planner to revise CU with staff to approve Plan Commission Action: Motion by Commissioner Schuett to recommend to the Town Board the approval of the conditional use subject to the terms and conditions in the draft conditional use order dated January 8, 2025 with additions suggested by the Hearing Examiner. Second by Commissioner Moulas, all in favor; motion passed. Supervisor Clabault recused herself. Town Board Action: Motion by Supervisor Wrasman to accept the recommendation of the Plan Commission for the approval of the conditional use subject to the terms and conditions in the draft conditional use order dated January 8, 2025. Supervisor Clabault recused herself. Second by Supervisor Yerke, all in favor; motion passed. Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 4 Site plan review of a Farm education use to operate an animal sanctuary and education center at S67W28435 River Rd; Thalia Haseotes, applicant; Chris Meuler, agent; application 2024-20 The planner gave a summary of his staff report dated December 31, 2024. Finalized documents to be provided in next packet. Plan Commission action: Motion by Commissioner Bratz to approve the site plan as set forth in the petitioner’s application with staff approval pending CUP approval. Second by Commissioner Usarek, all in favor; motion passed. Supervisor Clabault recused herself. One lot certified survey map located at W303 S10521 Sandy Beach Road (MUKT2005963); Kyle Schmit, owner; application 2024-18 Chairman Topczewski gave a summary of the December 19, 2024 staff report. Mr. Greenberg explained the application request and recommended conditions. Discussion followed. Is in Shoreland zoning and CSM approved by the County. Suggestion for waiver of any addition right of way. Plan Commission action: Motion by Commissioner Bratz to recommend to the Town Board the approval of the one-lot certified survey map, subject to the conditions listed below and the waiver granted. Second by Commissioner Schuett, all in favor; motion passed. General conditions: 1. Per s. 34.101(35) All certified survey maps shall contain a statement that the parcel is located within a "state designated groundwater management area." 2. Staff and Governmental Approval. Prior to the Town signing the CSM, the commencement of any construction of any improvement, whether public or private, or any site development, the developer shall satisfy all comments, conditions, and concerns of the Town Engineer (if applicable), the Town Planner and all reviewing, objecting, and approving bodies, including, but not limited to, the Wisconsin Department of Administration per ch. 236, Wisconsin Statutes and ch. Comm. 85, Wisconsin Administrative Code; Wisconsin Department of Administration per ch. 236, Wisconsin Statutes; and Waukesha County Parks and Land Use Department. 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 development, including the cost of 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. 5. Surveyor's responsibility. Although the Town of Mukwonago has reviewed the certified survey map, the surveyor is entirely responsible for the thoroughness and accuracy of the survey and related matters and Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 5 compliance with all state and local codes, ordinances, and procedures. Modifications to the survey may be required should errors or changed conditions be found at a future date. Town Board action: Motion by Supervisor Bucher to approve the certified survey map as recommended by the Plan Commission, subject to the conditions listed below and waiver granted. Second by Chairman Topczewski, all in favor; motion passed. Miscellaneous updates (none) A. Phantom Lake Management District nothing B. Fox River Commission Commissioner Bratz stated Project started in Vernon Marsh Adjournment Plan Commission action: Motion by Commissioner Usarek to adjourn at 9:07p.m., second by Chairman Topczewski. All ayes, motion passed. Adjournment Town Board action: Motion by Supervisor Boucher to adjourn at 9:07p.m, second by Supervisor Clabault. All ayes, motion passed. Respectfully submitted, Gail Obradovich Deputy/Clerk-Treasurer