NOW:53045:USA01489
http://widgets.journalinteractive.com/cache/JIResponseCacher.ashx?duration=5&url=http%3A%2F%2Fdata.wp.myweather.net%2FeWxII%2F%3Fdata%3D*USA01489
39°
H 52° L 37°
Cloudy | 6MPH

Brookfield City News

Cindy moved to Brookfield in 1994 with her husband and three children in tow. It's been a very interesting seventeen years.

The Shire is on the Plan Commission schedule for Monday, May 7

The Shire

Right there next to the Mosque on the agenda, which sadly I can't link yet because it's not on the city's website.

I would love to tell you what's in the staff report, but the writing is so convoluted I haven't figured it out yet. What I think is there (I will retract if I am wrong) is that

1) This thing needed to be reviewd by May 25

2) There are still significant hurdles to development.

3) It will be approved but the moratorium won't be lifted until the hurdles are cleared.

In a perfect world I would be able to upload the staff report to this site and link to it, but I can't even remember how to put photos up here, and the last time I checked it only kept .jpg files and wouldn't allow a .pdf. I refuse to put city stuff on my other blogs. I bet you can figure out why!

So, if you really want it call the city and ask for the documents. I'm warning you, before you know it your head will spin, too. Oh, and also ask for a copy of these letters:

10. In letters dated October 21, 2011 and October 28, 2011, NFI Properties, LLC and Waste Management respectively have stipulated to undertaking the conditions identified in the December 2010 DNR/DHS report. (NFI Properties, LLC and Waste Management letters dated October 21, 2011 and October 28, 2011 respectively are previously distributed exhibits for this item.)

Admit it. That made your eyes water, huh?

Wait. I just figured out how to do a quick and dirty cut and past of the items. No formatting, but that wouldn't have made it any easier anyway. 

Enjoy!

---

 

ITEM 2. PLAN COMMISSION RECOMMENDATION: Tabled request of NFI Properties, LLC, 19745 West Gebhardt Road, Brookfield, WI 53045, Joseph C. Niebler, Sr., Manager, for approval of a preliminary plat of the Shire Addition No. 1, a 16-lot subdivision located at approximately 1365 North Brookfield Road. (SE ¼ of Sec. 20 and NE ¼ of Sec. 29) – DE/KF/MT **Requires Common Council Approval**

Shire Addition No. 1
Preliminary Plat

Report: 1. The applicants' request was tabled at the November 7, 2011 Plan Commission pending receipt of a legal opinion from Boardman, Suhr, Curry & Field LLP. On January 4, 2012, applicant agreed to extend the time for City action on the preliminary plat until May 25, 2012.

The applicants are requesting preliminary plat approval of The Shire Addition No. 1, a 16-lot subdivision located at approximately 1365 North Brookfield Road. The site is zoned “R-2” Single-family Residential District, and “M-1” Multiple-family Residential District. Conditional Use Ordinance No. 460, adopted May 21, 1968 and applied to the site, permitted operation of a landfill. The landfill stopped receiving waste in 1980.

In 2004, the City approved a plat for The Shire creating 25 buildable residential lots. The plat also created Outlots 6-12, which were subject to restrictions and a moratorium on development. The pending application involves the subdivision of Outlots 6-12 into 16 additional buildable
lots and the Loth house property. None of the lots proposed in the new plat are on the waste mass. There is a minimum 20‟ distance between the perimeter of the plat and the waste mass boundary. All lots in the proposed plat meet or exceed the minimum lot requirements of the City‟s “R-2” zoning district and the “M-1” zoning district for lots in single-family use.

2. Regarding Conditional Use Ordinance No. 460 – at the time of the 2004 preliminary plat approval for The Shire, the City‟s special counsel recommended the following language be a condition of preliminary plat approval:

“The final plat approval application shall be accompanied by draft deed restrictions applicable to the entirety of the plat stating that uses authorized by City of Brookfield Conditional Use Ordinance No. 460 (1968) shall not be exercised within this subdivision.”

This condition was met for final plat approval of The Shire. The City's special counsel recommends that as a condition of preliminary plat approval for The Shire Addition No. 1, applicant consent to the termination of Conditional Use Ordinance No. 460 (1968) with respect to the property comprising The Shire, Addition No. 1.

The staff hereby requests that the Plan Commission approve the scheduling of a public hearing on the request to terminate Conditional Use Ordinance No. 460 (1968) with respect to the property compromising the plat of the The Shire and The Shire, Addition No. 1.

3. The development concept is an extension of the road system approved for The Shire, which removed a temporary cul-de-sac at Overlook Circle and extended a road (ultimately named Misty Mountain Parkway) east to connect with two dead end streets, Hamilton Drive and Revere Drive. The Revere Drive connection was not completed in Phase 1 of the plat. A development moratorium was established by the City for the lots contained in The Shire Addition No. 1, i.e. Outlots 6, 8, 9, 10, 11 and 12 of The Shire. Implementation of the street pattern in The Shire Addition No. 1 ultimately connects three streets previously terminated at the property lines, promoting traffic disbursement and neighborhood connectivity.

4. An October 18, 2004 Development Agreement for The Shire included certain conditions in its accompanying deed restrictions that must be met prior to the consideration of City approvals for the subdivision of Outlots 6, 8, 9, 10, 11 and 12. City staff has concluded that the following conditions in the 2004 Development Agreement have been met in order for the preliminary plat for The Shire Addition No. 1 to be considered:

A. “None of Outlots 6, 8, 9, 11 and 12 may be divided into separate parcels, whether denominated lots, outlots, dedication areas or easements, condominium units or common areas, or the like, by any means within the regulatory jurisdiction of the City under Ch. 236 of the Statutes without City review and approval under the City's land division/subdivision ordinance. The City process for review and action on requested divisions or parcelizations within Outlots 6, 8, 9, 11 and 12 shall be a de novo process. The fact that Outlots 6, 8, 9, 11 and 12 (previously Outlots 6, 7, 8, 9, and 10) were shown as lots in the originally submitted version of this plat and will be shown as Outlots 6, 8, 9, 11 and 12 in a final plat
submitted pursuant to these conditions of preliminary plat approval shall not grant any entitlement or presumption of approval for conversion into lots or later release from the no build restrictions herein.”

As this current (2011/2012) process is de novo and the City staff and outside counsel has utilized Ch. 236 of the Statutes in the review of The Shire Addition No. 1 preliminary plat, the current process will meet that condition.

B. “The final plat as submitted shall be accompanied by a second set of deed restrictions applicable to all lots shown on the final plat, stating the following:

„Buyers of lots in this subdivision are hereby put on notice that certain parts of the subdivision plat denominated as Outlots 6, 8, 9, 11 and 12 are in that status due to the potential for health and environmental impacts confirmed in or subject to further monitoring to assess potential for impacts as documented in the Report and may be released from restricted outlot status by later action of the City of Brookfield and allowed to be converted to residential lots when, in the exercise of discretion by the City, such release is appropriate based upon consultation with DNR, DHFS, and other appropriate and reliable sources of information.‟ ”

The above quoted deed restrictions were recorded, and therefore this condition has been met.

5. Other conditions were established in the 2004 Development Agreement that would become effective once the City considers a preliminary plat for The Shire Addition No. 1. These conditions from the 2004 Development Agreement will be included as conditions for any current (2011/2012) approval.

6. The Shire Addition No. 1 plat‟s exterior boundary is a minimum of 20‟ from the limits of the waste mass of the landfill. The Shire Addition No. 1 lots were depicted as outlots in The Shire plat. Those outlots were perceived to have the potential to be converted to buildable lots at some time in the future dependent upon the City‟s conclusion that concerns about environmental health issues had been adequately analyzed. The moratorium on development was imposed in April 2004. A Landfill Moratorium Committee was created in October 2004. Gas probe and ground water data was collected. Data reports were delivered to the State of Wisconsin Departments of Natural Resources and Health Services by Waste Management.

7. In December 2010, the Wisconsin Departments of Natural Resources (DNR) and Health Services (DHS) co-authored a final report for Landfill Moratorium Committee consideration. That report concluded that development of the outlots that are the subject of The Shire Addition No. 1 preliminary plat would not be expected to pose a health or safety hazard to residents if the conditions set forth in the report were met. These conditions include: (a) the installation of an active methane gas mitigation system at any home built in the area of the proposed Shire Addition No. 1; (b) the abandonment of the gas probes and detection probes within the area and the reinstallation of new gas probes along the landfill's property boundary; (c) Waste Management's compliance with regulatory requirements for closed landfills including compliance with methane levels at the landfill property boundary; (d) the installation of a gas
trench and retaining wall near the southwest corner of the landfill in order to address the methane gas levels detected; and (e) the continuation of additional groundwater investigation.

8. The Landfill Moratorium Committee on September 14, 2011 accepted the December 22, 2010 DNR/DHS report and recommended the following to the City of Brookfield Common Council:

“The Committee concludes that the State has applied a professional and scientific methodology regarding preparation and issuance of said Report and accepts the State Report. The Committee recommends that the Landfill Moratorium Committee be dissolved and it‟s acceptance of the Report be binding into the future regarding property-owner initiated requests for development approval or change of platting status of lands in the moratorium area unless new public health conditions arise, as documented by the appropriate state or federal agencies.”

“The Committee further recommends that the retaining wall and gas trench recommended by the State on Page 13 of its final report dated December 22, 2010 be located wholly upon property owned by Waste Management with responsibility for the retaining wall and trench being that of Waste Management.”

At the time of the Committee‟s action, the applicants were amenable to placement of the gas trench and retaining wall wholly upon lands owned by Waste Management. Upon further review it has been determined that the retaining wall cannot be located upon Waste Management property because it is a grade control device for the purpose of creating building pad sites in The Shire Addition No. 1. The retaining wall has no relationship to the operation of the gas trench which is documented in an e-mail dated November 3, 2011 from the Wisconsin DNR and attached to this item‟s exhibits, previously distributed.

9. A landfill gas and groundwater monitoring plan modification was submitted to the DNR on August 11, 2011 by Waste Management. DNR written approval has not yet been received.

10. In letters dated October 21, 2011 and October 28, 2011, NFI Properties, LLC and Waste Management respectively have stipulated to undertaking the conditions identified in the December 2010 DNR/DHS report. (NFI Properties, LLC and Waste Management letters dated October 21, 2011 and October 28, 2011 respectively are previously distributed exhibits for this item.)

11. In order to ensure compliance with the conditions of the December 2010 DNR/DHS report, upon which the City is intending to rely, Boardman, Suhr, Curry & Field LLP (now Boardman & Clark LLP) has provided a legal opinion regarding the obligations of Waste Management of Wisconsin to prevent contamination from the landfill from migrating to The Shire Addition No. 1 lots. In accordance with this legal opinion, requirements for Waste Management of Wisconsin to assume liability for damages and/or remediation which may be imposed on the City as a result of the pre-existing contamination, and development of The Shire Addition No. 1 are included in the recommended conditions of approval for the preliminary plat.

12. On November 3, 2003, the Park and Recreation Commission recommended fee in lieu of public site and open space dedication.

13. Preliminary grading, drainage, erosion control and storm water management plans have been submitted to the City Engineering Division.

14. The October 18, 2004 Development Agreement for The Shire required the following deed restrictions for the area covered by The Shire Addition No. 1.

“None of Outlots 6, 8, 9, 11 and 12 shall be buildable until released from these restrictions by subsequent action of the Brookfield Common Council, followed by recording of the adopted instrument releasing the restrictions in accordance with the exercise of judgment by the City with advice and counsel by DNR, DHFS, and other appropriate and reliable sources of information on the health and environmental implications of proposed development of such lands.”

While the December 2010 DNR/DHS report fulfills the requirement that the City obtain advice and counsel regarding the conditions that should be met if the proposed lands are to be developed, the building restrictions contained in the 2004 Development Agreement will not be lifted until work required by Waste Management in the 2010 DNR/DHS report is completed, a Development Agreement with NFI is signed and recorded, along with Deed Restrictions, and an agreement for Waste Management to assume liability for damages and/or remediation which may be imposed on the City as a result of the pre-existing contamination, and development of The Shire Addition No. 1 is signed, in order to ensure the conditions set forth in the 2010 DNR/DHS report are met.

15. Similarly, a moratorium regarding the development of these lands remains in place and will not be lifted until work required by Waste Management in the 2010 DNR/DHS report is completed, , a Development Agreement with NFI is signed and recorded, along with Deed Restrictions, and an agreement with Waste Management to assume liability for damages and/or remediation which may be imposed on the City as a result of the pre-existing contamination, and development of The Shire Addition No. 1 is signed.

16. Report: Park and Open Space Plan. The Waste Management property has been discussed by the City‟s Park and Recreation Commission as part their deliberations regarding multiple editions of the City Park and Open Space Plan. The Commission‟s recommendations are subject to affirmation by the Common Council. Most recently, in August 2011, the Common Council affirmed that the City has no plan to acquire any of the Waste Management property located in land section 20 for park and open space purposes. What follows in this report is a chronological summary relative to park and open space considerations in Section 20 (source: City of Brookfield Department of Parks, Recreation and Forestry):


April 1986 – June 1987
The Parks and Recreation Commission pursued an interest in possibly acquiring parkland associated with the plat of the Sundown Heights subdivision, located in the S½ of Section 20, through a combination of purchase and dedication consistent with previous recommendations contained in the initial 1966 Park and Open Space Plan and updates conducted in 1976 and 1983. The land owner/developer ultimately determined that, based on use and planning of the site, it would not be economically feasible to plan for a
park in conjunction with the development. The Commission directed staff to study existing options to provide for park and open space interests in Section 20.

November, 1987
The Commission discussed neighborhood and regional parkland needs in four sections of the City (13, 16, 20, 33) and authorized staff to conduct a search for parkland availability and acquisition feasibility relative to these areas.

March, 1988
The Commission discussed the issue of available and suitable parkland to serve the needs and interest of Section 20 and identified the following options:

• Potential acquisition of land (outside of the landfill limits) on the western portion of the Waste Management Property located west of Brookfield Road across from Rolling Meadows Park.

Note: Preliminary discussions were held with the property owners in 1988 but were discontinued due to concerns relative to completion and certification of the landfill capping and the interest and/or rights of another entity in the event that Waste Management elected to sell any residual land.

• Potential purchase and development of land adjacent to Brookfield Elementary school to provide enhanced neighborhood park facilities at the site to serve the surrounding area including a portion of Section 20.

• Enlarge the open space at Rolling Meadows Park for additional facility development.

April 1989 – November 1990
Upon request and petition, the Commission reviewed the potential and value of acquiring an eight acre parcel for a neighborhood playground site to serve Section 20 located on property immediately west of Barker Road at the intersection of Gebhardt and Barker Road. The Commission resolved that the study and identified options for a neighborhood park site for Section 20 has not changed and did not recommend acquisition (purchase) of the parcel.

August, 1990
The Common Council adopted the 2010 Park and Open Space Plan for the City. Under the “Proposed New Neighborhood Parks” section of the plan recommendations, it was noted that undeveloped land able to accommodate needed outdoor recreation facilities to serve the residents of Section 20 was not available in this location. The plan further stated that should a site suitable for the provision of a playfield and a playground become available in this area of the City, it was recommended that the City consider the provision of one additional new neighborhood park in this location. No specific land/property was identified and potential acquisition and development costs were not included in the plan.

The Plan also recommended that land adjacent to Brookfield Elementary School be acquired for joint use by the School District and the City for park and open space purposes.

June, 2000
The City, as part of a cooperative effort with the Elmbrook School District, acquired property adjacent to Brookfield Elementary School for the purpose of providing recreational resources consistent with the Parks and Open Space Plan

March, 2001
The Common Council adopted the 2020 Update of the Park and Open Space Plan which included the same reference as described above relative to Section 20.

November, 2003
On November 3, 2003 the Park and Recreation Commission recommended wetland, i.e. open space dedication and fee in lieu of public site, i.e. parkland dedication in association with processing of The Shire subdivision plat.

August, 2011
The Common Council adopted the 2035 Update of the Park and Open Space Plan which included the same reference as described above relative to Section 20.


Recommendation: The City is undertaking a de novo review of the application for plat approval of The Shire Addition No. 1 as required by the October 18, 2004 Development Agreement between the City and NFI. The configuration of the preliminary plat completes the integration of existing and previous dead end and temporarily terminated streets into a local street system that provides neighborhood connectivity and access to the arterial street system. The lots proposed meet or exceed the minimum requirements of the base zoning districts.

Within a final report dated December 22, 2010, State agencies reported to the City regarding environmental health and safety issues associated with the area to be platted and concluded that the development of said lands would not be expected to pose a health and safety hazard to residents if the set of recommendations contained in said report are met. That report was considered by the Landfill Moratorium Committee created by the Common Council. Said Committee accepted this State report with a recommendation that the Landfill Moratorium Committee be dissolved and its acceptance of the Report be binding into the future regarding property-owner initiated requests for development approval or change of platting status of lands in the moratorium area unless new public health conditions arise, as documented by the appropriate state or federal agencies. On October 4, 2011 the Council accepted the Committee‟s recommendation and dissolved the Committee.

Staff recommends approval of the preliminary plat for The Shire Addition No. 1 subject to the following conditions:

1. Technical corrections to the plat as identified in the staff review letters of the Engineering Department and submittal of a final plat substantially in conformance with the preliminary plat of The Shire Addition No. 1, including compliance with all conditions placed on the preliminary plat.

2. Approval of final grading, drainage, storm water, roadway and utility plans by the City of Brookfield Engineering Department.

3. Execution of a Development Agreement obligating applicant NFI to the improvements and requirements associated with development of the subdivision and securing the installation of same and the stipulations of the applicant‟s letter dated October 21, 2011 under cover of NFI Properties LLC.

4. Execution of an extension of the existing agreement dated July 21, 2004 between Waste Management of Wisconsin, Inc., NFI Properties, LLC, and the City (see a copy of the agreement attached to this report) to the Residential Development of The Shire, Addition No. 1.

5. Prior to recording the final plat or execution of the development agreement, the developer shall pay the following fees per CITY Ordinances:

$ To Be Determined Engineering Review Fee ($70/Hr.)

$ To Be Determined Legal Review ($115/Hr.)

$16,000.00 Dedication Deposit ($1,000/Unit)

$200.00 Street Signs ($200/Sign)

$ To Be Determined Asphalt Fee

$ To Be Determined Inspection Fee (Public Improvements)

$525.00 New Development Agreement

$ To Be Determined Development Agreement Review Fee ($75/Hr. Community Development and $70/Hr. Engineering)

$ To Be Determined Unpaid Assessment/s

$80.00 Digital Map Updating Fee ($5/Lot)

$250.00 Storm Water Management Review Fee

$900.00 Preliminary Plat Review Fee

$225.00 Final Plat Review Fee

$300.00 Landscape Plan Review Fee

$205.00 Conditional Use Fee

$ To Be Billed Conditional Use Public Hearing Publication

$_______ TOTAL

On November 3, 2003 the Park and Recreation Commission recommended wetland, i.e. open space dedication and fee in lieu of public site, i.e. parkland dedication in association with The Shire subdivision. The developer was directed by the Plan Commission via Park and Recreation
Commission decision to make a wetland dedication. Initial building permit applicants in the subdivision shall pay the following fees per City ordinances upon receipt of a building permit or within fourteen (14) days thereafter:

$_______ Parkland Fee ($747/Lot)

2.00 Acre Dedication Wetland dedication at 1.00 acre / 8 dwelling units = 2.00 acre wetland dedication.

$_______ Bikeway Fee ($200/Lot)

$947.00 TOTAL (per individual lot)

6. Submittal and execution of deed restrictions with the final plat including assignment of maintenance for outlots and storm water facilities owned by the subdivision homeowners association and restrict access to individual lots as depicted on the approved Grading Plan and as further provided for in the Development Agreement.

7. Submittal and execution of the following deed restrictions with the final plat for The Shire, Addition No. 1:

A. No Build Status. Outlots 13 and 14 shall remain non-buildable parcels unless and until they are merged with adjoining platted lots resulting in a combined parcel that satisfies all regulatory standards for residential building lots. Outlot 15 shall remain a non-buildable parcel.

B. The existing deed restrictions for The Shire regarding “Active Sub-slab Depressurization Gas Control System, Section 3.30” shall be modified as follows:

1. Phase 1, Lots 1-25 Inclusive. Each dwelling in The Shire shall be designed and constructed to incorporate an active sub-slab depressurization gas control system as specified by the ACC. The Owner shall be responsible to have the gas depressurization system maintained after installation.

2. Phase 2, Lots 26-41 Inclusive. Each home built on these lots shall be designed and constructed to incorporate an active gas mitigation system provided by either CertainTeed (the "Form-A-Drain Radon Reduction System") or Air Quality Control Agency (the "Sub-Slab/Drain Tile Ventilation System"), or such other manufacturer's system which equals or exceeds the specifications of the CertainTeed or Air Quality systems as certified in writing to the ACC by a Wisconsin licensed architect or professional engineer and shall contain a fan failure alarm which alarm would activate in the event the fan ceased to operate (herein "Approved System"). Prior to the issuance of an occupancy permit, the owner of the Lot shall require the contractor to provide the owner, the ACC, and the City of Brookfield with the installing contractor's written certification that the Approved System was installed in accordance with the manufacturer's specifications. Continued operation and maintenance of the mitigation system and the fan failure alarm are the sole responsibility of the Lot owner.

Common to commercially available radon mitigation systems, it will be required that the system be installed sub-slab, with a vapor barrier liner and piping embedded in a gravel filter; the gas mitigation system will require perforated piping under the foundation of the structure, which will be connected to a sealed sump area of the basement; a mitigation system (fan) failure alarm will be installed in each home and would activate in the event of the fan shutting down. This gas mitigation system will also effectively address any pre-existing radon issues and any potential VOC soil vapor releases from groundwater or landfill gas. Continued operation and maintenance of the mitigation system and the fan failure alarm is the sole responsibility of the property owner.

C. No Private Wells. No private well shall be drilled or used on any lot in The Shire, Addition No. 1.

D. Disclosure of Closed Landfill. Each lot in The Shire, Addition No. 1, is adjacent to or near a former solid waste landfill listed as a Superfund site under the Federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). The lots were never located on any part of the waste mass of the closed landfill. The closed landfill is regulated by the Wisconsin Department of Natural Resources.

8. The building restrictions imposed by the approval of the original Shire subdivision plat and the development moratorium set forth in Ordinance 2260-11 are lifted by the City upon the occurrence of the following:

A. Waste Management properly abandons the gas probes and detection gas probes located within the lots of the proposed Shire Addition No. 1, in accordance with a plan approved by the Wisconsin Department of Natural Resources.

B. Waste Management installs new gas probes along the Waste Management property boundary, in accordance with a plan approved by the Wisconsin Department of Natural Resources.

C. The Wisconsin Department of Natural Resources provides the City a letter documenting that Waste Management is in compliance with the applicable regulatory level for methane at Waste Management's new compliance boundary.

D. Waste Management constructs the gas trench required in the December 22, 2010 DNR/DOH report on Waste Management property.

E. An extension of the existing agreement dated July 21, 2004 between Waste Management of Wisconsin, Inc., NFI Properties, LLC, and the City to the Residential Development of The Shire, Addition No. 1 is executed.

9. NFI shall consent to the termination of City of Brookfield Conditional Use Ordinance No. 460 (1968) with respect to the property comprising The Shire, Addition No. 1 and to the recording of a document terminating the CUP.

10. The following conditions shall be included on the face of the final plat recorded for The Shire, Addition No. 1.

"Active Sub-slab Methane Gas Control System.
Each home built in The Shire Addition No. 1, Lots 26-41 Inclusive, shall be designed and constructed to incorporate an active gas mitigation system provided by either CertainTeed (the "Form-A-Drain Radon Reduction System") or Air Quality Control Agency (the "Sub-Slab/Drain Tile Ventilation System"), or such other manufacturer's system which equals or exceeds the specifications of the CertainTeed or Air Quality systems as certified in writing to the ACC by a Wisconsin licensed architect or professional engineer and shall contain a fan failure alarm which alarm would activate in the event the fan ceased to operate (herein "Approved System"). Prior to the issuance of an occupancy permit, the owner of the Lot shall require the contractor to provide the owner, the ACC, and the City of Brookfield with the installing contractor's written certification that the Approved System was installed in accordance with the manufacturer's specifications. Continued operation and maintenance of the mitigation system and the fan failure alarm are the sole responsibility of the Lot owner.

The system shall be installed sub-slab, with a vapor barrier liner and piping embedded in a gravel filter. The gas mitigation system will require perforated piping under the foundation of the structure, which will be connected to a sealed sump area of the basement. A mitigation system (fan) failure alarm must be installed and maintained in each home to activate in the event of the system fan shutting down. Continued operation and maintenance of the mitigation system and the fan failure alarm is the sole responsibility of the property owner."

Disclosure of Closed Landfill. Each lot in The Shire, Addition No. 1, is adjacent to or near a former solid waste landfill listed as a Superfund site under the Federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"). The lots were never located on any part of the waste mass of the closed landfill. The closed landfill is regulated by the Wisconsin Department of Natural Resources.

No Private Wells. No private well shall be drilled or used on any lot in The Shire, Addition No. 1.

11. Submittal of a streetyard landscape plan prepared in compliance with city standards to accompany the final plat.

12. The final plat must be submitted within three years of approval of the preliminary plat.


ITEM 3. PLAN COMMISSION RECOMMENDATION: Request of the Community Development Department, Daniel F. Ertl, A.I.C.P., Director to authorize scheduling a public hearing for the purpose of rescinding Conditional Use Ordinance No. 460 which permitted operation of a landfill on lands now occupied by plats entitled The Shire and The Shire Add‟n. No. 1. (SE ¼ of Sec. 20 and NE ¼ of Sec. 29) – MT **Requires Common Council Approval**

Request for Public Hearing
Rescission of Ordinance No. 460 -
The Shire and The Shire Add‟n. No. 1

Report: 1. Conditional use ordinance no. 460 authorized operation of a dump on lands currently platted in part as The Shire or approved for platting as The Shire Add‟n. No. 1. The Plan Commission recommended rescinding conditional use ordinance no. 460 as it pertains to the platted lands in its approving action of the preliminary plat for The Shire Add‟n. No. 1.

Recommendation: Staff recommends that the Plan Commission approve scheduling a conditional use public hearing for the purpose of rescinding Ordinance No. 460 as it pertains to The Shire and The Shire Add‟n. No. 1.

Other blogs:

Fairly Conservative for state and national politics.
Cindy Kilkenny for fun stuff like food and travel and photography.

This site uses Facebook comments to make it easier for you to contribute. If you see a comment you would like to flag for spam or abuse, click the "x" in the upper right of it. By posting, you agree to our Terms of Use.

Page Tools