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PCM19610522. '. W180 57732 Rocine Avenue Muskego, Wisconsin OS. 9-1780 MORTON SMITH 511.. Choirrnon DELBEPT E. GUHR Supsrvilor, HENRY W. WOLF, Supervisor T8WN of BIUSKECB JUANITA G. WEAVER, Treasurer MARGARET WIIIIAMS, Clerk ARTHUR WIESELMANN. Assem IT WAS RECOHHENDED BY THE BOARD THAT SOME AMENDMENTS BE HADE TO MR. SCHROEDER CONFER REGARDING SAZIE AND TXEN HAKE RECOHHENDATIONS 8 THE SIGN ORDINANCE AND IT WAS AGREED BY MR. NELSON AND HE AND TO THE BOARdOR APPROVAL. HR. NELSON REVIEWED PROGRESS HADE TO DATE ON THE RECOBWAISSANCE STUDY. SUGGESTION WAS HADE THAT THE TOWN BOARD, ATTORNEY AND TOWN ENGINEER CONFER ON THE SEWERAGE AND WATER STUDY. IN VIEW OF THE THREAT OF ANNEXATION OF A PORTION OF THE NM SECTION OF THE TOWNSHIP MR. NELSON INQUIRED WHETHER ThT BOARD..WISHED THAT THE STUDY BE PREPARED, BUT IT WAS THE OPINION THAT TEE PLANNER SHOULD GENERAL USE PLAN BE SET ASIDE AND THE MUNICIPAL ORGANIZATIONAL PROCEED WITH THE RECONN~AISSANCE STUDY AS PREVIOUSLY PLANNED. MR. NELSON DID NOT FEEL THAT THIS-PARTICULAR THREAT REPRESENTED A FLAGRANT VIOLATION OF THE ANNEXATION LAWS DUE TO THE INTENT OF THE LAW. A HOTION WAS HADE BY PARES, AS SECONDED BY MR. MACHKOVICH, TO ADJOURN AT P.M. RESPECTFULLY SUBHITTED, BETTE J. BOWYER, SEC'Y. e .. MINUTES OF THE JT. PUBLIC HEARING OF THE TOUN AND THE PLANNING COMHISSION HELD ON MAY 22, 1961 AT 9:OO P..M. HEHBERS PRESENT MERE SMITH, COOK, GUHR, MACHKOVICH, BUDISH,. PARES, WOLF, NELSON AND SCHROEDER. THE CLERK READ THE PETITION AND NOTICE - SUBSTANCE OF WHICH WAS - SHALL THAT PART OF THE SF$ OF SECTION 9 BE REZONED FROM AGRIC. TO RES. A-3. DISTRICT? ..THE MEMORANDUH REPORT COMPILED BY THE PLANNER WAS READ AND REVIEWED BY THE BOARD. MR. HOLTZ WAS REXINDED BY THE BOARD THAT A13 ZONING WOULD REQUIRE IF THERE UERE NOT A FINANCIAL HARDSHIP AND MR. HOLTZ WAS NOT A HINIEIUW OF 20,000 SQ. FTa IN LOT SIZED AND IT WAS SUGGESTED THAT PRESSED INTO SELLING THE LAND IT HIGHT BE WELL FOR HIH TO WAIT FOR HUNICIPAL SEWERS WHICg WOULD REDUCE THE REQUIRED LOT SIZE TO 12,000 SQa Fro* OR PdRA. (6) 9 AHEND, SECa 3.06 WOVLD PROVIDE REDUCTION OF LOT SIZE BY HOT HORE THdN_1/3 FROH THE REQUIRED REGVLATIONS WITHIN ULTIXATE SEWER AREA THUS ALLOWING DEVELOPRENT OF EVERY OTHER &OT> BUT AFTER SORE THOUGHT MR. HOLTZ REQUESTED THAT TEE AREA BE REZONED AS REQUESTED TO RES. Ae3 AS THERE IS HARDSHIP EXISTING. THE^ WAS No OPPOSITION To THIS REQUEST. BY HACHKOVICH MOTION WAS PIADE TO ADJOURN AT 9:25 P.M., AS SECONDED BY COOK. MOTION PASSED.! - RESPECTFULLY SUBHITTED, BETTE J: Bourn- Crn..r.. i : " planning and design consultants 1733 NORTH FARWELL AVENUE MILWAUKEE 2 WISCONSIN BROADWAY 1L1862 MEMORANDUM REPORT 22, May 1961 TO: Plan Commission & Town Board Town of Muskego RE: Procedure for Zoning Hearings Gentlemen: Pursuant to your direction we are submitting herewith a recommended proce'dure for zoning hearings supplementing and amplifying the general procedure for zon- ing ordinance. The zoning ordinance provides for hearings in the case of any amendment to the ordinance and for circumstances, such as in the case of conditional use, where a special exception is being considered. Unfortunately the enabling a statute is rather vague in its language relative to procedure for such hearings. Under Section 62.23 (7), which is the basic zoning statute for cities and is made applic- able to the Town by virtue of the ordinance having been adopted under Village powers, they merely state: "(d) Method of Procedure. The city plan commission, or board of public land commissioners, or if the city has neither, a city plan committee of the council, shall, upon request of the council, recommend the district plan and regulations for the city. Tentative recommendations shall first be formulated and a public hearing or hearings held thereon by the plan commission, or plan committee functioning in lieu thereof. After submission of the final recommendation, the council may from time to tlme. after first submitting the proposal to the city plan commission or board of public land commissioners for report, change the districts and regulations, as recommended or adopted, upon giving at least 10 days' notice, by publication in the official paper at least 3 times during the preceding 30 days, of the proposed changes and of hearings thereon, and opportunity to any person interested to be heard. In case, however, of a protest against such change, duly signed and acknowledged by the pwners of 20 per cent or more either of the areas of the land included in such proposed change, or by the owners of 20 per cent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 per cent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of three-fourths of the members of the council. " ~l&m 4 ab&cCah planning and design consultants Plan Commission & Town Board Town of Muskego page 2 The statute is clear that the Plan Commission holds the hearings on the initial ordinance, but there has never been a clear determination as to whether it was intended for the Plan Commission or the governing body to hold the required hearings on amendments . It has generally been the viewpoint of attorneys that the wording of the statutes requires the official public hearing to be held by the governing body. For this reason the ordinance has been drafted to specifically provide in the case of changes and amendments. "20.02 (3) (b) The Plan Commission shall conduct the necessary investigation, informal hearing , and report its recommendation to the Town Board within 60 days of the receipt of such petition. 20.02 (4) Hearing : Upon receipt of the Plan Commission report, the Town Board shall hold a public hearing thereon . " In the case of conditional uses, Board of Appeals etc., the body holding the hear- ing is specified in the ordinance. Up to this point the Plan Commission has generally preferred not to make a recom- mendation.in' the case of an amendment to the zoning districts without having had an opportunity to weigh the attitude of the surrounding property owners. In the case of amendments to the text the recommendation is usually made directly. The Com- mission has also been concerned with the desirability of simplifying and exped- iting the procedures involved while still giving adequate consideration to the pro- blem. It is perhaps pertinent to note that changes in the zoning districts are serious matters deserving of substantial consideration. Unfortunately there is a typical tendency of petitioners to want action immediately. In view of the significance of any change to property values and community character , it is perhaps neces- sary to remind ourselves that these changes will have an effect, lasting for many years to come, and that therefore a matter of weeks or even months is not unrea- sonable in making the determination. Weighing all factors involved we would recommend the following procedure as a general guide for future processing of these situations: Amendments to the Text of the Zoning Ordinance Normally, after study and consideration the Commission would make its recom- mendation directly to the Town Board. In special circumstances the Commission w&m 4 a6baci& planning and design consultants Plan Commission & Town Board Town of Muskego page 3 might wish to have informal hearings or to invite representatives of affected groups before making its recommendation. Whenever the circumstances justify a Planning Commission determination without an informal hearing the Commission would make its recommendation directly to the Town Board. Where deemed advisable to provide for adequate awareness of all issues and still expedit the process, the Commission would hold an informal hearing prior to the official hearing by the Town Board. To simplify the publishing of notice it is recommended that the notice of official public hearing include notice of the informal hearing before the Plan Commission on a regular Commission meet- ing date prior to the official hearing date. The Commission would then be able to transmit its report and recommendation to the Town Board for its consideration at the official hearing. Since the Town Board generally, is present at the Commission meetings, the informal hearing would in fact provide the opportunity for complete airing of the matter before both bodies and the official hearing would be the time at which the Commission's recommendation would be officially heard before the Board took action. The hearing in the case of a conditional use is held by the approving body which may be either the Plan Commission or the Town Board. Since the Board regularly attends the Plan Commission meetings, there would be no problem where the hear- ing is required only before the Plan Commission. Where the approval is by the Board the ordinance requres prior recommendation of the Plan Commission. Here the situation would be the same as for a zoning map amendment and the same pro- cedure would be recommended involving an informal hearing before the Commission noticed jointly with the official hearing before the Board. To avoid unnecessary hearings, and to eliminate the need for repeating information at successive hearings, and to allow for the most comprehensive presentation of an issue it is frequently desirable in combine the hearings for a requested re-zoning and for the specific conditional use grant requested if the zoning change is granted. The following is a suggested format for the notice in such case: NOTICE OF PUBLIC HEARING Notice is hereby given of public hearings to consider the concurrent petition of changing from ~ to the property generally described, by to amend the District Map of the Town Zoning Ordinance by mha~ 4 a66aciah planning and design consultants Plan Commission & Town Board Town of Muskego page 4 an accurate map of which is on file in the City Clerk's Office: and for a conditional use grant to permit or said premises should the rezoning be granted. An informal hearing on the re-zoning and a fromal hearing on the condi- tional use request will be held before the Plan Commission on at at the Town Hall, and a formal hearing on the rezoning request will be held before the Town Board on at at theTown Hall. It should be understood that the Commission could not take formal action to approve a conditional grant until after the re-zoning had been approved. It is hoped that this recommended procedure will clarify and provide for more effec- tive processing of these matters. Respectfully, NELSON & ASSOCIATES