TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
TOWN OF CEDARBURG
PLAN COMMISSION MEETING MINUTES
May 16, 2012
Present:
Chairman David Valentine, Joe Rintelman, Paul Waldo, Ralph Luedtke, Edward Downey,
William Henke, Mark Brunner
Also Present:
Jim Culotta, Town Administrator, Brad Hoeft, Town Attorney, Roger Kison, Building
Inspector, Eric Ryer, Director of Recreation & Planning
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
Chairman Valentine called the regular meeting to order at 7:00 pm. The meeting began with the Pledge of
Allegiance.
2. MINUTES OF PREVIOUS MEETINGS:
a. Approval of April 18, 2012 Plan Commission Meeting Minutes
Ralph Luedtke moved to approve the minutes of the regular meeting from April 18, 2012. Joe
Rintelman seconded, and the motion passed unanimously.
3. PUBLIC HEARING
a. Public hearing to take comment on an application by Ready Earth Consulting, Inc. for a
Specific Limited Conditional Use Permit to allow quarrying operations, asphalt and concrete
crushing, asphalt shingle recycling, to operate an asphalt plant, and to reclaim the site
owned by R & R Excavating and Bulldozing Inc. with tax key #03-022-04-000.00 [NE ¼ of
Section 22, 38.85 acres, zoned A-1 Agricultural & R-2 Single-family residential]
R&R Excavating and Bulldozing, Inc. has a specific limited conditional use permit (CUP) that expires
on June 2, 2012. Understanding the current property owner has no interest in extending his CUP,
Jason Bartley of Ready Earth Consulting, Inc. originally submitted a conditional use permit
application to perform the following activities on the R&R property: reclamation (filling), quarry
operations (blasting, crushing, sales), asphalt and concrete crushing and recycling, asphalt shingle
recycling, and operation of an asphalt plant. This application does include new uses to the property
that R&R Excavating did not perform in the past. Mr. Bartley is working to gather a group to
purchase the property, but this may not occur until later this year.
Chairman Valentine explained to the group that the application was amended earlier in the day to
remove the asphalt shingle recycling and asphalt plant portions of the application. Mr. Valentine
explained the Town did not solicit this application, but must hear every application that is submitted
to the Town. Chairman Valentine asked that comments be kept to a three minute maximum time
limit.
Gary Liebherr of Rowe Sand and Gravel, the company formerly operating at the site, felt that no
pollutants were released by the crushing of asphalt and concrete.
John Mose of 9950 Lawndale Drive asked if the crushing of the asphalt produced odor. The Plan
Commission felt it does not produce odors.
An anonymous member of the audience asked if the proposal would increase truck traffic and dust
generated.
Marty Auchter 1053 Holly Lane asked what the quarry operations would entail; in terms of blasting
and hauling. He also felt the crushing would add noise to the area.
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
Jason Bartley of Ready Earth Consulting, Inc. then spoke at length about his application. Mr. Bartley
explained the purpose of his application was to be open and transparent about his intentions for the
property. He explained he has been involved with the property since 2005, particularly with the filling
operations. He is now looking at more operations that could generate revenue at the site. Due to the
public opinion, he has withdrawn the asphalt plant/crushing and shingle recycling. He did note,
however, that he recalls crushing of asphalt occurring as long as he has been active at the site.
Jessica Martischang of W53 N794 Windsor Court asked if the volume of activity would increase at
the site, and felt that crushing of concrete and asphalt would create dust, that which may possibly
contain harmful byproducts. She also commented that although the quarry may have been in a rural
area when it originally opened, it is now located in a more residential area.
Scott Kennison of N99 W6688 Lexington noted that he believed in 2003 SEWRPC put forth a plan
that included a future use designation for the quarry area for residential uses. He questioned how the
application fit into the SEWRPC plan for residential uses.
Jim Auchter of N104 W6235 Brenton Lane pointed out that the current application was for five
years. He understood that the quarry has more stone that could be removed, and questioned at what
point the Town would stop renewing quarry permits. He is also concerned that Mr. Bartley’s
company is new and unproven.
Dave Antoine of 1016 17th Avenue in Grafton was concerned about the additional truck traffic and
air pollution that could be created by this activity.
Steve Bassewitz of 6869 Pheasant Court explained he had spoken with an alderman from the City of
Cedarburg who explained this application was supposed to “slip through the backdoor.” Chairman
Valentine took offense to this accusation, and again reiterated that the Town received this application
and is required to hear this application as it does any other.
Bob Winkel of 1870 Washington Avenue explained it was his knowledge that the crushing and
quarrying has occurred in the past, and the application would not include anything new (now that the
asphalt plant and shingle recycling has been removed).
A resident on Oxford Court asked for clarification in what changes would occur in terms of overall
truck counts etc.
Jennifer Stecker of Holly Lane was hoping to better understand the level of blasting that would occur
with the new application.
Elsa Dippmann of 1219 HWY I would like to see the reclamation of the pit so that property values
can increase.
Don Ertl off of HWY I questioned why people would build next to a gravel pit.
Pete Herkowski of W98 N6725 Lexington Street explained he bought a lot in the 1970’s and was told
quarry operations would last about 10 years, and yet there is another application to keep the
quarrying going.
Patrick Boyle off of Washington Avenue opposed the issuance of the proposed conditional use
permit.
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
DJ Burns of N105 W7585 Chatham Street is in opposition of the conditional use permit as he feels it
does not comply with Town Code Chapter 320-51 or 320-61. He felt this application goes against the
welfare of the community. It was Mr. Burn’s opinion that Ready Earth was proposing to deposit fill
from the Marriott site in Milwaukee and had obtained an NR 500 exemption to do so; this would
import what he believed to be contaminated soil. He asked that Ready Earth provide more detailed
information on what soils would be/have been trucked to the site.
Randy Crosby of Elm Grove, WI, felt that the proposed uses would not be consistent with the
zoning of the property.
Rick Schulz questioned the economic benefit to the community. He asked Ready Earth to share its
business plan.
With no further comment from the public, Paul Waldo moved to close the public hearing. Ed
Downey seconded, and the motion passed unanimously.
b. Public hearing to take comment on an application by Tri Par Oil Co. Inc. located at 506
Wauwatosa Road to amend their conditional use permit to install new signage and pole
lighting at their gas station/convenience store [SW ¼ of Section 27, 1.003 acres, zoned B-1
Neighborhood Business District]
Tri Par Oil Co. Inc. has submitted a conditional use permit application to amend their CUP to
replace their existing parking lot lighting with 5 new pole lights. The lighting would be roughly twice
as bright. The primary reason for the lighting replacement is traffic continually hits their existing
bollards, resulting in loss of lighting and complaints due to a dark site. Tri Park would also like to
update their wall and ground signage. Their current CUP is written in a way that requires signage and
lighting changes to come before the Plan Commission and Town Board.
With no comment from the public, Paul Waldo moved to close the public hearing. Joe Rintelman
seconded, and the motion passed unanimously.
At this point, Joe Rintelman moved to take item 5a. Paul Waldo seconded, and the motion passed
unanimously.
4. OLD BUSINESS
a. Discussion and possible recommendation on proposed Ordinance 2012-11 regarding
detached accessory building size in the R-2 single family residential district*
This item was first discussed by the Plan Commission in March at the request of Commissioner
Rintelman after he was contacted by a Town resident that resides on 0.92 acre parcel zoned R-2
single-family residential, the minimum size for a parcel in this district. The resident would like to be
able to construct a detached garage that is larger than our rules currently allow in R-1 & R-2.
Following discussion at the March Plan Commission meeting, Chairman Valentine directed staff to
initiate the text amendment process that would allow for the consideration of larger accessory
buildings in the R-2 district; this would affect approximately 1,500 properties. The Plan Commission
again discussed outbuildings in the R-2 district at their April meeting, ultimately recommending the
Town Board allow a maximum of 1,000 square feet of outbuilding space in the R-2 district, not
regulating how many buildings compose that square footage. The Town Board was also in favor of
this at their May meeting, and recommended staff proceed with drafting the ordinance being
considered here that would make such changes.
Paul Waldo moved the Plan Commission recommend the Town Board approve proposed Ordinance
2012-11 regarding detached accessory building size in the R-2 single family residential district. Joe
Rintelman seconded, and the motion passed unanimously.
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
b. Discussion and possible recommendation on proposed Ordinance 2012-12 regarding
changes to minimum lot requirements for business and M-2 zoned parcels*
The Town Board has identified the development of the Five Corners Business District as a
priority. In order to maximize potential development, staff is proposing reducing the minimum lot
size for M-2, B-2 and B-3, reducing the rear yard setback in the B-1 district, and reducing the street
yard setback in the B-3 district. At their April meeting, the Plan Commission discussed this topic and
were in favor of the ideas. Although the Commission noted the largest hurdles to smaller lot sizes
could be parking and storm water, the burden would be upon the developer to perform their due
diligence to ensure the development would fit onto the property if interested in a smaller lot.
Ultimately, the Plan Commission unanimously recommended the Town Board consider reducing the
minimum lot size for M-2, B-2 and B-3 from 1 acre to 0.5 acre, reducing the rear yard setback in the
B-1 district from 50 feet to 30 feet, and reducing the street yard setback in the B-3 district from 50
feet to 25 feet. The Town Board reviewed this information and the Plan Commission
recommendation at their May meeting, and directed staff to prepare an ordinance that would make
these changes that is being considered here.
Joe Rintelman expressed a concern that there are business properties further away from the Five
Corners area that this increased density may not be suitable for. Paul Waldo and Chairman Valentine
noted these are minimums, and if a certain use does not fit, it will be on the developer to find an
alternate site.
Paul Waldo moved the Plan Commission recommend the Town Board approve proposed Ordinance
2012-12 regarding changes to minimum lot requirements for business and M-2 zoned parcels. Ralph
Luedtke seconded, and the motion passed unanimously.
c. Discussion and possible motion on business signage*
This item goes back to the October 2011 Plan Commission meeting, when Roman Weininger of Five
Corners Dodge Chrysler Jeep explained that his car dealership would like the Town to consider
relaxing sign regulations to allow them to display more signage and promotions that are currently
prohibited by Town Code, such as promotions sent to them through their corporate office. The
Commission discussed possible ways to address this concern, ultimately directing staff to gather
specific requests on signage from the business community and bring that information back at a
future meeting for further consideration by the Plan Commission. Staff did so, and presented that
information for the Commission to consider for this meeting.
Joe Rintelman explained the Plan Commission has discussed this several times and the input from
businesses was not overwhelming. It was the consensus of the Plan Commission that the regulations
remain in-tact and are not changed.
William Henke then made a motion to make no changes to the signage ordinances. Joe Rintelman
seconded, and the motion passed 6-1, with Chairman Valentine voting naye.
5. NEW BUSINESS
a. Discussion and possible recommendation on an application by Ready Earth Consulting, Inc.
for a Specific Limited Conditional Use Permit to allow quarrying operations, asphalt and
concrete crushing, asphalt shingle recycling, to operate an asphalt plant, and to reclaim the
site owned by R & R Excavating and Bulldozing Inc. with tax key #03-022-04-000.00 [NE ¼
of Section 22, 38.85 acres, zoned A-1 Agricultural & R-2 Single-family residential]*
This item continues from item 3a. Paul Waldo asked Jason Bartley of Ready Earth to address some
of the questions regarding contaminants that could be released into the air by asphalt and concrete
crushing, noise, additional truck and traffic volume.
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
Jason Bartley then explained that his plan was not to significantly ramp up operations from what was
currently occurring. He did not have a specific plan for operations, but his focal point would be
filling, or reclaiming the site. He would use quarrying as supplemental income for the site. He would
not ask for more quarry depth, and was weighing if it made sense to plan on quarrying the middle of
the pit which had more rock that could be removed. He noted that all loads are manifested and he
has permission to bring the materials onsite via letters from WDNR that permits him to do so. He
also noted that the exempted soils will contain certain ubiquitous contaminants that are present in
most soils. Mr. Bartley noted that Mr. Burns, who made comments earlier in the meeting, was a
former co-worker, and are now at competing companies.
Chairman Valentine then noted other questions asked by the public included noise, to which he
explained the uses would not be any different than in the past. Mr. Valentine asked staff if there have
been any violations/complaints. Administrator Culotta noted there were one or two occasions on
which there were complaints about the materials that were brought in; the WDNR looked into the
claims and there were no merit to them. Mr. Valentine also noted that the vast majority of the
blasting that occurred in the area was associated with the pit to the south (Cedarburg Quarry), not
R&R. Blasting is controlled through the conditional use permit.
Ed Downey then asked about the economic impact of the proposed use. Mr. Bartley said he was not
prepared to make any promises regarding the economic impact of the quarry. Administrator Culotta
also noted that a public notice was published in the News Graphic on May 3, 2012 to address the
concern of this application “sliding through the backdoor.”
William Henke asked for further explanation on what the reclamation plan would entail. Mr. Bartley
explained he submitted a draft plan to the Town; the plan is regulated by NR 135. Administrator
Culotta then noted the reclamation plan should not be discussed, as the conditional use permit is
what is being discussed at this time. Attorney Hoeft concurred that although the two issues seem to
be intertwined, they are two separate issues. He also clarified that you cannot have quarrying without
an approved reclamation plan. Mr. Henke also asked if there were any blasting/noise violations
associated with R&R quarry; Administrator Culotta answered “no.”
Paul Waldo asked if reclamation can continue after June 2, 2012 (when the current R&R CUP
expires) without the approval of a new conditional use permit. Attorney Hoeft said that R&R never
submitted a revised reclamation plan pursuant to NR 135 so the required reclamation plan is not on
file. Director of Rec and Planning Ryer then summarized that he met with the owner of the owner of
R&R quarry (Dick Charmoli), Barry Sullivan of Ozaukee County and Jason Bartley of Ready Earth to
inspect the quarry on May 14. It was the interpretation of Barry Sullivan that the reclamation map on
file from 1998 would remain in place until a new reclamation plan is approved. However, the Town
Board required a new reclamation plan compliant with NR 135 to be submitted as part of a
conditional use permit approved for R&R by the Town Board in 2006; this updated plan was never
submitted.
Paul Waldo asked how much rock Mr. Bartley would like to remove from the quarry; Mr. Bartley said
he would like to remove as much as he could. Mr. Waldo also asked if Mr. Bartley had an operator in
mind; Mr. Bartley said yes but would not name them. Mark Brunner asked how the reclamation
would get financed if no quarrying could take place. Mr. Bartley said that quarrying was not necessary
for the reclamation to take place.
Joe Rintelman expressed concern for potential contamination to the groundwater and Cedar Creek.
Mr. Rintelman asked where the soils being brought to the quarry could go if they are not brought to
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
the Town. Mr Bartley said that so long as the soils are issued exemptions, they could be taken to any
appropriate location.
Chairman Valentine then explained that the proposed conditional use permit addresses the uses of
the application, not the reclamation. The reclamation would need to be taken up as a separate issue in
the future with the assistance of the County and WDNR. He felt the conditions listed in the draft
permit would effectively address the uses applied for in the application.
Ed Downey asked how long it would take to reclaim the pit after quarrying would cease. Mr. Bartley
did not have an answer for that question.
Administrator Culotta then explained that staff has received a significant amount of new information
very recently, and there are unresolved issues that should be addressed before a decision may be
made. Chairman Valentine also noted that additional information could be gathered regarding the
reclamation plan if more time were allowed. Joe Rintelman then expressed that he would like to
reduce the term of the proposed permit.
Ed Downey then made a motion to table this item until staff provides more information, and can
provide more answers to questions asked by the audience. William Henke seconded, and the motion
passed unanimously.
Chairman Valentine then called for a five minute recess. Following the recess, the Plan Commission
moved back to item #4a.
b. Discussion and possible recommendation on an application by Tri Par Oil Co. Inc. located
at 506 Wauwatosa Road to amend their conditional use permit to install new signage and
pole lighting at their gas station/convenience store [SW ¼ of Section 27, 1.003 acres, zoned
B-1 Neighborhood Business District]*
This item continues from item 3b. Building Inspector Kison suggested shifting the location of the
proposed lights to allow for a reduction of one light pole. The Plan Commission and applicant
discussed this idea, but noted that the plan as submitted by the applicant met Town standards for
light spillage onto neighboring properties. The applicant preferred the lighting plan as submitted.
Chairman Valentine commented the proposed signage would replace existing signage and not
increase the overage signage size. Mr. Valentine then noted that as cited in Section 320-51 of the
Town Code, no application for a conditional use shall be recommended for approval by the Plan
Commission or granted by the Town Board unless such Commission and Board shall find that all of
the following conditions are present:
(1) Welfare. The establishment, maintenance or operation of the conditional use will not be
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2) Compatible with adjacent land. The uses, values and enjoyment of other Town property
in the neighborhood for purposes already permitted shall be in no foreseeable manner
substantially impaired or diminished by the establishment, maintenance or operation of the
conditional use.
(3) Not impede surrounding property development and improvement. The establishment of
the conditional use will not impede the normal and orderly development and improvement
of the surrounding Town property for uses permitted in the district.
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
(4) Adequate infrastructure. Adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(5) Ingress and egress. Adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets.
(6) Conform to zoning district regulations. The conditional use application shall conform to
all applicable regulations of the district in which it is located.
Considering these findings, William Henke made a motion that the Plan Commission recommend
the Town Board approve an application by Tri Par Oil Co. Inc. located at 506 Wauwatosa Road to
amend their conditional use permit to install new signage and pole lighting at their gas
station/convenience store, and for a variance to allow for two wall signs as allowed by Section 32092 of the Town Code. Mark Brunner seconded, and the motion passed unanimously.
c. Discussion and possible recommendation on an ordinance to rezone 4 acres owned by Anne
Lewandowski located at 992 Elm Road from A-1 Agricultural to E-1 Estate residential and to
amend the Zoning Map [Petitioner: Anne Lewandowski & Peter Kranstover, SE ¼ of
Sec.19]*
Anne Lewandowski and Peter Kranstover have submitted applications for a minor land division /
rezone for the 19.32 acre parcel zoned A-1 and C-1 located at 992 Elm Road. The CSM submitted by
Mrs. Lewandowski proposes the existing lot be split into two lots; the zoning on lot #1 with the
home would change to E-1 Estate, while the remainder of the parcel would remain unchanged and
contained lands zoned A-1 and C-1. The purpose of the applications is to divide the property
between brother and sister. The brother’s portion (15.31 acres zoned A-1 and C-1) will remain in
agriculture. The home would remain on the 4 acres proposed to be rezoned.
Paul Waldo then moved the Plan Commission recommend the Town Board approve an ordinance to
rezone 4 acres owned by Anne Lewandowski located at 992 Elm Road from A-1 Agricultural to E-1
Estate residential and to amend the Zoning Map. Joe Rintelman seconded, and the motion passed
unanimously.
d. Discussion and possible recommendation on a minor land division for the property located
at 992 Elm Road [Petitioner: Anne Lewandowski & Peter Kranstover, zoned A-1 & C-1, 19.32
acres total, SE ¼ of Sec.19]*
This item continues from item #5c. Paul Waldo moved the Plan Commission recommend the Town
Board approve the proposed shared driveway agreement and the proposed minor land division for
the property located at 992 Elm Road, contingent upon receiving acceptable percolation and boring
test results and making the corrections to the CSM to bring the CSM into compliance with the Town
CSM checklist as noted in a letter from consultant Bob Eichner . Joe Rintelman seconded, and the
motion passed unanimously.
e. Discussion and possible direction on allowing chickens on parcels zoned residential*
This item is on the agenda at the request of Commissioner Rintelman, who has been contacted
regarding the Town’s policy on chickens in residential districts. The Town does not currently allow
chickens in residential districts, only agricultural districts. The purpose of this discussion is to see if
the Plan Commission is amenable to the idea of allowing chickens in residential zoning districts.
Commissioner Rintelman reiterated that he would like to see if the plan Commission would like to
consider allowing chickens on larger residential properties. Paul Waldo noted he would be amenable
to allowing chickens on E-1 Estate properties, but not R-2 properties (which are typically smaller).
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TOWN OF CEDARBURG
PLAN COMMISSION MINUTES
May 16, 2012
Chairman Valentine and William Henke felt allowing chickens in residential districts would cause
problems. The consensus of the Commission was not to allow chickens in residential districts.
f.
Discussion and possible direction on business and commercial district design guidelines*
Commissioner Rintelman explained he asked for this item to be placed on the agenda to see if the
Plan Commission would like to discuss design guidelines for business and commercial districts.
Binding design guidelines would be an effective tool to implement the Five Corners Master Plan. Mr.
Rintelman was concerned that the way the Code is currently written, it allows commercial buildings
to be constructed without architectural review so long as the building is put up as a principal use.
Chairman Valentine suggested he coordinate with Director of Recreation and Planning Ryer on
moving forward in future months to begin to provide the Commission with design guideline options
for business and commercial districts.
6. ADJOURNMENT
Paul Waldo then moved to adjourn the special meeting. Joe Rintelman seconded, the motion carried
unanimously and the meeting was adjourned at 8:55 p.m.
Respectfully Submitted,
Eric Ryer
Director of Recreation & Planning
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