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Staff Report. Jurisdiction The subject property is located in the Town s and county s zoning jurisdiction.

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Staff Report

Date: October 31, 2019

To: Town of Mukwonago Plan Commission and Town Board From: Tim Schwecke, AICP, Town Planner

Subject: A. Certified survey map with one lot (in Town of Genesee) and one outlot (in Town of Mukwonago) S62W30775 Road X (in Town of Genesee) (MUKT1882999) Susan Kincaid and Brent and Jillette Zylka, applicant

Application 2019-20: https://s.zoninghub.com/9MIXY2E9Q9

B. Waiver request to not include remnant parcel in survey for proposed certified survey map with one lot (in Town of Genesee) and one outlot (in Town of Mukwonago) S62W30775 Road X (in Town of Genesee) (MUKT1882999) Susan Kincaid and Brent and Jillette Zylka, applicant

Application 2019-27: https://s.zoninghub.com/H7J4J9C5GE Meeting: November 6, 2019 Plan Commission and Town Board meeting

Susan Kincaid owns a parcel in the Town of Mukwonago (MUKT1882999) and Brent and Jillette Zylka own a parcel in the Town of Genesee and have submitted a certified survey map to create an outlot in the Town of Mukwonago that will be used for recreational purposes.

Jurisdiction The subject property is located in the Town’s and county’s zoning jurisdiction.

Review procedure The Plan Commission makes a recommendation and the Town Board makes the final decision.

Notice requirements Aside from being shown on the meeting agenda, no other public notice is required.

Town Engineer review The Town Engineer’s review and approval is a condition of approval.

A. Certified Survey Map

Motion for Plan Commission: Motion to recommend to the Town Board the approval of the proposed certified survey map, subject to the conditions listed below.

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Page 2

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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 Town Engineer, 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 professional services incurred by the Town (including engineering, legal, planning and other 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 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.

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.

Specific conditions:

1. The petitioner must obtain the approval of the Town Engineer.

2. 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.

3. The Waukesha County Environmental Health Division must verify in writing that the existing septic system on Lot 1 is in good operational order and that the system is located entirely on the lot and complies with all applicable requirements, including setbacks.

4. The owner name on Sheet 1, the owner name in the Surveyors Certificate, and the owner name included in the owner's certificate must be consistent. I believe Jillette Zylka should be added to the Surveyors Certificate and the Owners Certificate and notary on Sheet 4.

5. Revise the last sentence of the Surveyors Certificate and the first sentence of the Owners Certificate, and the corresponding signature blocks to be consistent. I believe these should be included in all of the above-mentioned parts: Town of Genesee, Town of Mukwonago,

Waukesha County, and Village of North Prairie.

6. There is a typo for “Division” in the third section of the Surveyors Certificate.

7. Topo lines are included on sheets 2 and 3. Unless specifically required by another reviewing authority, these should be removed.

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Page 3

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• This certified survey map includes boundary lines of various zoning districts. Such information is included for informational purposes only and is subject to change.

• At their meeting on November 6, 2019, the Town of Mukwonago Town Board approved a waiver to not include the remnant parcel of MUKT1882999 on this certified survey map. (If approval is granted.)

• Any land below the ordinary high-water mark of a lake or navigable stream is subject to the public trust in navigable waters that is established under article IX, section 1, of the State Constitution.

9. The applicant must include the remnant parcel in the survey OR obtain a wavier to not include the remnant parcel in the survey.

Motion for Town Board: Motion to approve the certified survey map as recommended by the Plan Commission.

B. Waiver Request Survey Map

Motion for Town Board: Approve the petitioner’s request to not include the remnant part of MUKT1882999 in the certified survey map.

Attachments:

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