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Plan Commission Packet - 7/7/2015 CITY OF MUSKEGO PLAN COMMISSION AGENDA July 7, 2015 6:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE JUNE 2, 2015 MEETING PUBLIC HEARING Public Hearing for Jonathan and Rebecca Beckler requesting a Conditional Use Permit in accordance with the Muskego Zoning Ordinance for the purpose of allowing a handicap access ramp on the front of the existing home approximately four (4) feet into the front setback for the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129. CONSENT BUSINESS Recommended for approval en gross. RESOLUTION #PC 036-2015 - Approval of a One Lot Certified Survey Map for the Janusz property located in the NE 1/4 of Section 35 (Tax Key 2293.999.002 / S102 W16215 Heinrich Drive). RESOLUTION #PC 037-2015 - Approval of a metal accessory structure for the Schroyer property located in the NW 1/4 of Section 31 (Tax Key 2282.996.004 / W218 S10436 Calvin Court). RESOLUTION #PC 039-2015 - Approval of a metal accessory Structure for the Langnes property located in the SW 1/4 of Section 8 (Tax Key 2191.999.001 / S75 W20153 Field Drive). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 038-2015 - Approval of a Conditional Use Grant (CUG) for the Beckler property located in SW 1/4 of Section 1 (Tax Key 2163.129 / S69 W13525 Bristlecone Lane). RESOLUTION #PC 040-2015 - Approval of a Building, Site and Operation (BSO) Plan Amendment for American Hydraulics, Inc. located in the SW 1/4 of Section 16 (Tax Key 2223.006 / S83 W18666 Saturn Drive). RESOLUTION #PC 041-2015 - Recommendation to Common Council to Amend Chapter 17 Zoning Ordinance of the Municipal Code of the City of Muskego to allow Agritourism. MISCELLANEOUS BUSINESS ADJOURNMENT Plan Commission Agenda 2 July 7, 2015 NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. Unapproved CITY OF MUSKEGO PLAN COMMISSION MINUTES June 2, 2015 6:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Kathy Chiaverotti called the meeting to order at 6:30 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Kathy Chiaverotti, Ald. Madden, Commissioners Hulbert, Bartlett, Buckmaster, Di Pronio, and Jacques. Also present: Director Muenkel and Recording Secretary McMullen. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws on May 28, 2015. APPROVAL OF THE MINUTES OF THE MAY 5, 2015 MEETING Commissioner Jacques made a motion to approve the minutes of the May 5, 2015 meeting. Commissioner Buckmaster seconded. Motion Passed 7 in favor. PUBLIC HEARING Public Hearing for Leap Childcare Center Inc. requesting a Conditional Use Permit in accordance with Muskego Zoning Ordinance for the purpose of allowing a daycare facility within a portion of the existing building located at W145 S6550 Tess Corners Drive / Tax Key No. 2165.998.012. OLD BUSINESS FOR CONSIDERATION RESOLUTION #PC 021-2015 - Approval of an Operations Review for the Northern Gear property located in the NW 1/4 of Section 3 (W160 S6609 Commerce Drive / Tax Key No. 2169.993.010). Commissioner Jacques made a motion to approve RESOLUTION #PC 021-2015 - Approval of an Operations Review for the Northern Gear property located in the NW 1/4 of Section 3 (W160 S6609 Commerce Drive / Tax Key No. 2169.993.010). Commissioner Bartlett seconded. Commissioner Buckmaster made a motion to amend RESOLUTION #PC 021-2015 to read: BE IT FURTHER RESOLVED, That all outdoor storage is only allowed within the truck docks and tucked behind the south loading dock wall in order to keep any storage out of public view from the southern residences. on site must be removed from the site or relocated inside the building within ten (10) days from the date of this approval and the dumpsters located away from the others must be relocated by the Plan Commission Minutes 2 June 2, 2015 truck docks. BE IT FURTHER RESOLVED, Any dumpsters must be located by the truck docks with the exception of the enclosed dumpster that can remain outside the fence of the condenser units. BE IT FURTHER RESOLVED, Other outdoor storage can be allowed in the west portion of the site as long as more fencing and/or enclosures are erected that take away any view of the outdoor storage from the southern residential properties. Commissioner Madden seconded. Motion Passed 7 in favor. Motion Passed 7 in favor. CONSENT BUSINESS Recommended for approval en gross. Commissioner Jacques made a motion to approve consent business engross. Commissioner Bartlett seconded. Motion Passed 7 in favor. RESOLUTION #PC 030-2015 - Approval of a Three Lot Extraterritorial Certified Survey Map for the Senft property located in the Town of Waterford. RESOLUTION #PC 034-2015 - Approval for Sale of Fireworks for TNT Fireworks at the Wal- Mart property located in the NE 1/4 of Section 3 (W159 S6530 Moorland Road / Tax Key No. 2169.999.003). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 028-2015 - Approval of a Zoning Amendment to the existing PD-6 Tudor Oaks Planned Development District for the Tudor Oaks located in the SW 1/4 of Section 12 (Tax Key No. 2207.999 and 2207.999.002 / S77 W12929 McShane Drive). Commissioner Jacques made a motion to approve RESOLUTION #PC 028-2015 - Approval of a Zoning Amendment to the existing PD-6 Tudor Oaks Planned Development District for Tudor Oaks located in the SW 1/4 of Section 12 (Tax Key No. 2207.999 and 2207.999.002 / S77 W12929 McShane Drive). Commissioner Madden seconded. Motion Passed 7 in favor. RESOLUTION #PC 029-2015 - Approval of Conditional Use Grant for LEAP Childcare Center Inc. located in the NE 1/4 of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive). Commissioner Jacques made a motion to approve RESOLUTION #PC 029-2015 - Approval of Conditional Use Grant for LEAP Childcare Center Inc. located in the NE 1/4 of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive). Commissioner Buckmaster seconded. Plan Commission Minutes 3 June 2, 2015 Motion Passed 7 in favor. RESOLUTION #PC 031-2015 - Approval of a Building, Site and Operation Plan Amendment for Muskego Mobil located in the NW 1/4 of Section 10 (Tax Key 2198.991.001 / S73 W16680 Janesville Road). Commissioner Madden made a motion to approve RESOLUTION #PC 031-2015 - Approval of a Building, Site and Operation Plan Amendment for Muskego Mobil located in the NW 1/4 of Section 10 (Tax Key 2198.991.001 / S73 W16680 Janesville Road). Commissioner Jacques seconded. Motion Passed 7 in favor. #PC 032-2015 - Conceptual Review of the Godsell Farm located in the NW 1/4 of Section 35 (Tax Key No. 2298988 / S105 W15585 Loomis Drive). Plan Commission was in agreement to direct staff to start the code amendment process to allow Agritourism in the A-1 zoning district with a Conditional Use Grant, and also to allow the Godsells to start the Conditional Use Grant process while the code amendment moves forward. RESOLUTION #PC 033-2015 - Approval of Recreational Vehicle Parking for Daniel Manesis for the property located in the NW 1/4 of Section 12 (Tax Key No. 2206.998.027 / S72 W13575 Woods Road). Commissioner Jacques made a motion to approve RESOLUTION #PC 033-2015 - Approval of Recreational Vehicle Parking for Daniel Manesis for the property located in the NW 1/4 of Section 12 (Tax Key No. 2206.998.027 / S72 W13575 Woods Road). Commissioner Madden seconded. Motion Passed 7 in favor. RESOLUTION #PC 035-2015 - Approval of Business, Site and Operation Plan Amendment for NABCO Entrances located in the NW 1/4 of Section 16 (W184 S8204 Gemini Drive / Tax Key No. 2222.984.004). Commissioner Buckmaster made a motion to approve RESOLUTION #PC 035-2015 - Approval of Business, Site and Operation Plan Amendment for NABCO Entrances located in the NW 1/4 of Section 16 (W184 S8204 Gemini Drive / Tax Key No. 2222.984.004). Commissioner Jacques seconded. Motion Passed 6 in favor and one abstention. Commissioner Di Pronio abstained due to his nephew being the architect on the project. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Jacques made a motion to adjourn at 7:31 PM. Commissioner Hulbert seconded. Motion Passed 7 in favor. Plan Commission Minutes 4 June 2, 2015 Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 038-2015 For the meeting of: July 7, 2015 REQUEST: Conditional Use Grant - Reasonable Accommodations for the Disabled S69 W13525 Bristlecone Lane / Tax Key No. 2163.129 SW ¼ of Section 1 PETITIONER: Russell DuQuaine on behalf of Jonathan & Rebecca Beckler INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 038-2015 Plans were submitted by Russell DuQuaine, on behalf of Jonathan & Rebecca Beckler, to build a handicap access ramp within the front setback of their home located on Bristlecone Lane. A handicap access ramp is needed so that a member of the Beckler family can access their home. Based on the layout and placement of the existing home, the ramp needs to encroach into the front setback. The Zoning Code allows, via a Conditional Use Grant (CUG), waivers to a dimensional zoning regulation that are needed to offer reasonable accommodations for a person with disabilities. CONSISTENCY PC 038-2015 Comprehensive Plan: The 2020 Plan depicts the area to be used for Medium Density Residential Uses. The request is allowed due to the CUG option listed in the Zoning Code. There is no conflict with the Plan. Zoning: The property is zoned PD-4 Hale Park Meadows Planned Development District. “Reasonable Accommodations for the Disabled” can be allowed with the approval of a Conditional Use Grant (CUG). As such the proposed use can be allowed based on Plan Commission approval. STAFF DISCUSSION PC 038-2015 As is stated above the Beckler family needs to have a handicap access ramp installed to their front door so one of their family members can access the home. The contractor has proposed a “U” shaped ramp . This ramp will start on the front side walk and lead to the front door. The Zoning for this district (PD-4) allows a 25 foot front setback. The ramp is proposed with a setback of approximately 21 feet. That is a four (4) foot waiver. The ramp is being designed in a way to minimalize the impact/encroachment into the front setback. The Conditional Use Grant (CUG) portion of the Zoning Code has a section (14.03(7)) that was specifically added a few years ago to allow waivers to a dimensional zoning regulation that are needed to offer reasonable accommodations for a person with disabilities. This section also allows the Plan Commission the ability to place conditions on said CUG. As such, the resolution states the following: BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the need for the ramp ceases, the access ramp must be removed at that time. STAFF RECOMMENDATION PC 038-2015 Approval of Resolution # PC 038-2015, citing that the handicap access ramp is being built to accommodate access into the home for a disabled member of the family. MUSK EG Othe City of Ar ea o f Inte restI050100 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 03 8-2015 Be ckle rS69 W 135 25 Br ist le co ne L an e J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 038-2015 APPROVAL OF A CONDITIONAL USE GRANT FOR A HANDICAP ACCESS RAMP WITHIN THE FRONT SETBACK LOCATED AT S69 W13525 BRISTLECONE LANE (TAX KEY 2163.129) WHEREAS, Plans were submitted by Russell DuQuaine, on behalf of Jonathan & Rebecca Beckler, for a Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129, and WHEREAS, Said property is currently zoned PD-4 Hale Park Meadows Planned Development District, and said use is a permitted use by Conditional Use Grant, and WHEREAS, Chapter 17, Section 14.03(7) governs “Reasonable Accommodations for the Disabled” and that sections can allow waivers to a dimensional zoning regulations to be granted through a Conditional Use Grant (CUG) to offer reasonable accommodations for a person with disabilities, and WHEREAS, A handicap access ramp is proposed in front of this existing home to allow ramp access to the front door, and WHEREAS, This property is typically required to have a front setback of 25 feet and the proposal (for the ramp) is seeking a setback of 21 feet from the front lot line, and WHEREAS, The ramp is being designed in a way to minimalize the impact/encroachment into the front setback. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129. BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the need for the ramp ceases, the access ramp must be removed at that time. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community Development Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 036-2015 For the meeting of: July 7, 2015 REQUEST: One (1) Lot Land Division – Janusz Property S102 W16215 Heinrich Drive / Tax Key No. 2293.999.002 NE ¼ of Section 34 PETITIONER: Lawrence Janusz INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 036-2015 The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. Only one parcel is shown on the CSM as the remnant land is not shown since it is over 20 acres in size and is not being further developed at this time. The proposed lot is 130,680 square feet (3 acres) in area. PLAN CONSISTENCY PC 036-2015 Comprehensive Plan: The 2020 Plan depicts the area for Rural Density Residential uses. The proposal is consistent with the Plan. Zoning: The property is currently zoned A-1 Agricultural District, which requires a minimum lot size of 120,000 square feet and average lot width of 300 feet per lot for unsewered lots. The proposal is consistent with the Plan. Parks and Conservation Plan: The 2012-2016 Plan does not depict any park areas on this property. There are medium priority conservation areas on this site that appear to be located within the far western portion of the proposed lot. The proposal is consistent with the Plan. Street System Plan: Right-of-way appears to have already been dedicated but the CSM will note a dedication to be sure. Adopted 208 Sanitary Sewer Service Area: All lots are served by private on-site sewer systems. The proposal is consistent with the Plan. Water Capacity Assessment District: All lots are served by private water wells. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted to the Engineering Department before building permits can be issued for any construction. DISCUSSION PC 036-2015 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to occur that will need to be addressed before the CSM can be signed by the City and recorded. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 036-2015 Approval of Resolution PC 036-2015 MUSK EG Othe City of Ar ea o f Inte restI06001,200 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 03 6-2015 Ja nus zS102 W 16 21 5 Heinr ich Dr ive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 036-2015 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE JANUSZ PROPERTY LOCATED IN THE NE ¼ OF SECTION 34 (TAX KEY NO. 2293.999.002 / S102 W16215 HEINRICH DRIVE) WHEREAS, On June 12, 2015 a Certified Survey Map was submitted by Lawrence Janusz for a one (1) lot land division located in the NE ¼ of Section 34 (Tax Key No. 2293.999.002 / S102 W16215 Heinrich Drive), and WHEREAS, Only one lot is shown on the CSM and the remnant land is not shown since it is over 20 acres in size and is not being further developed at this time. WHEREAS, The proposed lot is 130,680 square feet in area (3 acres), and WHEREAS, Said property is currently zoned A-1 Agricultural District and requiring minimum lot sizes of 120,000 square feet and an average minimum width of 300 feet, and WHEREAS, The 2020 Plan depicts the area for rural density residential uses and the proposal is consistent with the plan, and WHEREAS, All lots are/will be served by private on-site sewer systems and private water wells. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Lawrence Janusz for a one (1) lot land division located in the NE ¼ of Section 34 (Tax Key No. 2293.999.002 / S102 W16215 Heinrich Drive), subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 037-2015 For the meeting of: July 7, 2015 REQUEST: Metal Accessory Structure Tax Key No. 2282.996.004 / W218 S10436 Calvin Court NW ¼ of Section 31 PETITIONER: Jarrod Duel (Walters Buildings) on behalf of Blaine Schroyer INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 037-2015 The petitioner is proposing to construct a 2,400 square foot metal accessory structure on site. The structure will be used for personal storage of items such as cars, bikes, mower, boat, etc. Plans are attached for your review. Plan Commission may waive the architectural requirements for accessory structures when any of the following are met: 1. The structure is screened from view, 2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications to an accessory structure, 3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the property or its surroundings, 4. When the area is not found to be predominately residential. Plan Commission may approve the materials as submitted, or require modifications prior to release of building permits. PLAN CONSISTENCY PC 037-2015 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned A-1 Agricultural District. Accessory structures totaling around 4,049 square feet are permitted on the subject property. The current proposal measures 2,400 square feet in area. There is an existing house on the property with no other accessory structures. The proposal meets the bulk requirements of the Zoning Code except the architectural requiremen ts of accessory structures. STAFF DISCUSSION PC 037-2015 The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. Planning Commission approval is being sought due to this co ncern. The petitioner is proposing a steel sided and steel-roofed structure with 1-foot overhangs. The main portion of the walls will be beige in color. The roof, trim, and wainscoting will be bronze in color. These colors are similar to the home. The building is located over 700’ from the nearest public street and is located in a densely wooded area. The proposed building is shown having decorative elements such as windows, a pedestrian door, wainscoting, and overhangs similar to the house. The Resolution also states the following items: BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. BE IT FURTHER RESOLVED, That the accessory structure cannot be used for any business storage or business operations. STAFF RECOMMENDATION PC 037-2015 Approval of Resolution #PC 037-2015, finding that there will be no undue harm to the surrounding properties, the building is located over 700’ from the nearest public street, and the location of the building being located in a densely wooded area. MUSK EG Othe City of Ar ea o f Inte restI0180360 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 03 7-2015 Sch royerW218 S10 43 6 Calv in Ct J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 037-2015 APPROVAL OF A METAL ACCESSORY STRUCTURE FOR THE SCHROYER PROPERTY LOCATED IN THE NW ¼ OF SECTION 31 (TAX KEY NO. 2282.996.004 / W218 S10436 CALVIN COURT) WHEREAS, A site plan and building drawings were submitted by Jarrod Duel, of Walters Buildings, on behalf of Blaine Schroyer to construct a 2,400 square foot metal accessory structure on his property located at W218 S10436 Calvin Court (Tax Key No. 2282.996.004), and WHEREAS, The property is zoned A-1, Agricultural District and said structure is a permitted accessory use and subject to Plan Commission review due to the proposed architectural materials shown, and WHEREAS, There is an existing house on the property with no other accessory structures, and WHEREAS, The total allowed square footage for accessory structures on this property is limited to approximately 4,049 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The owner stated that the accessory structure will be used for personal storage of items such as cars, bikes, mower, boat, etc., and WHEREAS, The structure is proposed to be constructed with steel walls and a steel roof and said proposal does not meet the Plan Commission’s standards for administrative approval of residential accessory structures as the siding and roofing does not match the materials used on the primary residence, and WHEREAS, The walls will be beige and the wainscoting, trim, and roof will be bronze, which are similar to the colors of the home, and WHEREAS, The accessory structure will have 1-foot overhangs, and WHEREAS, The building is shown having decorative elements such as windows, a pedestrian door, wainscoting, and overhangs similar to the house, and WHEREAS, The structure is located over 700’ from the nearest public street, it’s located off of the end of a private road, and the location of the building is being located in a fairly remote area which is densely wooded. THEREFORE BE IT RESOLVED, That the Plan Commission approves a 2,400 square foot metal accessory structure submitted by Jarrod Duel (Walters Buildings), on behalf of Blaine Schroyer, located at W218 S10436 Calvin Court (Tax Key No. 2282.996.004) BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. BE IT FURTHER RESOLVED, That the accessory structure cannot be used for any business storage or business operations. BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the surrounding properties, the building is located over 700’ from the nearest public street, and the location of the building is being located in a fairly remote area which is densely wooded. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 039-2015 For the meeting of: July 7, 2015 REQUEST: Metal Accessory Structure Tax Key No. 2191.999.001 / S75 W20153 Field Drive SW ¼ of Section 8 PETITIONER: Robert & Jayne Langnes INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 039-2015 The petitioner is proposing to construct a 2,646 square foot metal accessory structure on site. The structure will be used for personal storage of items such as atvs, boats, etc. Plans are attached for your review. Plan Commission may waive the architectural requirements for accessory structures when any of the following are met: 1. The structure is screened from view, 2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications to an accessory structure, 3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the property or its surroundings, 4. When the area is not found to be predominately residential. Plan Commission may approve the materials as submitted, or require modifications prior to release of building permits. PLAN CONSISTENCY PC 039-2015 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned RC-1 Country Residence District. Accessory structures totaling around 3,179 square feet are permitted on the subject property. The current proposal measures 2,646 square feet in area. There is an existing house on the property with no other accessory structures. The proposal meets the bulk requirements of the Zoning Code except the architectural requirements of accessory structures. STAFF DISCUSSION PC 039-2015 The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. Planning Commission approval is being sought due to this concern. The petitioner is proposing a steel sided and steel-roofed structure with 1-foot to 2-foot overhangs. The walls will be forest green, the roof will be burnished slate, the wainscoting will be bronze, and the trim will be prairie wheat. These colors must be similar to the home. The building is located over 90’ from the nearest public street and is located in a fairly dense wooded area. The building is shown having decorative elements such as cupolas, a pedestrian door, wainscoting, a covered lean-to, and overhangs similar to the house. The Resolution also states the following items: BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. BE IT FURTHER RESOLVED, That the accessory structure cannot be used for any business storage or business operations. BE IT FURTHER RESOLVED, The wetlands on this property need to be delineated and surveyed before any permit can be issued to ensure that the building and any associated driveways/parking areas do not encroach within the wetlands or within 15 feet of them. STAFF RECOMMENDATION PC 039-2015 Approval of Resolution #PC 039-2015, finding that there will be no undue harm to the surrounding properties, the building is located over 90’ from the nearest public street, and the location of the building being located in a fairly dense wooded area. This is subject to the delineation and surveying of the wetlands and making sure the proposal does not cross into the wetlands or within 15 feet of them. MUSK EG Othe City of Ar ea o f Inte restI0150300 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 03 9-2015 Lan gn esS75 W 201 53 F ield D rive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 039-2015 APPROVAL OF A METAL ACCESSORY STRUCTURE FOR THE LANGNES PROPERTY LOCATED IN THE SW ¼ OF SECTION 8 (TAX KEY NO. 2191.999.001 / S75 W20153 FIELD DRIVE) WHEREAS, A site plan and building drawings were submitted by Robert & Jayne Langnes to construct a 2,646 square foot metal accessory structure on his property located at S75 W20153 Field Drive (Tax Key No. 2191.999.001), and WHEREAS, The property is zoned RC-1, Country Residence District and said structure is a permitted accessory use and subject to Plan Commission review due to the proposed architectural materials shown, and WHEREAS, There is an existing house on the property with no other accessory structures, and WHEREAS, The total allowed square footage for accessory structures on this property is limited to approximately 3,179 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The owner stated that the accessory structure will be used for personal storage of items such as atvs, boats, etc., and WHEREAS, The structure is proposed to be constructed with steel walls and a steel roof and said proposal does not meet the Plan Commission’s standards for administrative approval of residential accessory structures as the siding and roofing does not match the materials used on the primary residence, and WHEREAS, The walls will be forest green, the roof will be Burnished Slate, the wainscoting will be bronze, and the trim will be prairie wheat, and WHEREAS, The accessory structure will have 1-foot to 2-foot overhangs, and WHEREAS, The building is shown having decorative elements such as cupolas, a pedestrian door, wainscoting, a covered lean-to, and overhangs similar to the house, and WHEREAS, The structure is located over 90’ from the nearest public street and the location of the building is being located in a fairly dense wooded area, and WHEREAS, There are wetlands on the lot that are pending a new delineation to ensure that the proposal does not impact them in any way. THEREFORE BE IT RESOLVED, That the Plan Commission approves a 2,646 square foot metal accessory structure submitted by Robert & Jayne Langnes located at S75 W20153 Field Drive (Tax Key No. 2191.999.001). BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. BE IT FURTHER RESOLVED, That the accessory structure cannot be used for any business storage or business operations. BE IT FURTHER RESOLVED, The wetlands on this property need to be delineated and surveyed before any permit can be issued to ensure that the building and any associated driveways/parking areas do not encroach within the wetlands or within 15 feet of them. BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the surrounding properties, the building is located over 90’ from the nearest public street, and the location of the building is being located in a fairly dense wooded area. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 038-2015 For the meeting of: July 7, 2015 REQUEST: Conditional Use Grant - Reasonable Accommodations for the Disabled S69 W13525 Bristlecone Lane / Tax Key No. 2163.129 SW ¼ of Section 1 PETITIONER: Russell DuQuaine on behalf of Jonathan & Rebecca Beckler INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 038-2015 Plans were submitted by Russell DuQuaine, on behalf of Jonathan & Rebecca Beckler, to build a handicap access ramp within the front setback of their home located on Bristlecone Lane. A handicap access ramp is needed so that a member of the Beckler family can access their home. Based on the layout and placement of the existing home, the ramp needs to encroach into the front setback. The Zoning Code allows, via a Conditional Use Grant (CUG), waivers to a dimensional zoning regulation that are needed to offer reasonable accommodations for a person with disabilities. CONSISTENCY PC 038-2015 Comprehensive Plan: The 2020 Plan depicts the area to be used for Medium Density Residential Uses. The request is allowed due to the CUG option listed in the Zoning Code. There is no conflict with the Plan. Zoning: The property is zoned PD-4 Hale Park Meadows Planned Development District. “Reasonable Accommodations for the Disabled” can be allowed with the approval of a Conditional Use Grant (CUG). As such the proposed use can be allowed based on Plan Commission approval. STAFF DISCUSSION PC 038-2015 As is stated above the Beckler family needs to have a handicap access ramp installed to their front door so one of their family members can access the home. The contractor has proposed a “U” shaped ramp . This ramp will start on the front side walk and lead to the front door. The Zoning for this district (PD-4) allows a 25 foot front setback. The ramp is proposed with a setback of approximately 21 feet. That is a four (4) foot waiver. The ramp is being designed in a way to minimalize the impact/encroachment into the front setback. The Conditional Use Grant (CUG) portion of the Zoning Code has a section (14.03(7)) that was specifically added a few years ago to allow waivers to a dimensional zoning regulation that are needed to offer reasonable accommodations for a person with disabilities. This section also allows the Plan Commission the ability to place conditions on said CUG. As such, the resolution states the following: BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the need for the ramp ceases, the access ramp must be removed at that time. STAFF RECOMMENDATION PC 038-2015 Approval of Resolution # PC 038-2015, citing that the handicap access ramp is being built to accommodate access into the home for a disabled member of the family. MUSK EG Othe City of Ar ea o f Inte restI050100 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 03 8-2015 Be ckle rS69 W 135 25 Br ist le co ne L an e J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 038-2015 APPROVAL OF A CONDITIONAL USE GRANT FOR A HANDICAP ACCESS RAMP WITHIN THE FRONT SETBACK LOCATED AT S69 W13525 BRISTLECONE LANE (TAX KEY 2163.129) WHEREAS, Plans were submitted by Russell DuQuaine, on behalf of Jonathan & Rebecca Beckler, for a Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129, and WHEREAS, Said property is currently zoned PD-4 Hale Park Meadows Planned Development District, and said use is a permitted use by Conditional Use Grant, and WHEREAS, Chapter 17, Section 14.03(7) governs “Reasonable Accommodations for the Disabled” and that sections can allow waivers to a dimensional zoning regulations to be granted through a Conditional Use Grant (CUG) to offer reasonable accommodations for a person with disabilities, and WHEREAS, A handicap access ramp is proposed in front of this existing home to allow ramp access to the front door, and WHEREAS, This property is typically required to have a front setback of 25 feet and the proposal (for the ramp) is seeking a setback of 21 feet from the front lot line, and WHEREAS, The ramp is being designed in a way to minimalize the impact/encroachment into the front setback. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S69 W13525 Bristlecone Lane / Tax Key No. 2163.129. BE IT FURTHER RESOLVED, That if the current residents move out of this home or if the need for the ramp ceases, the access ramp must be removed at that time. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community Development Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 040-2015 For the meeting of: July 7, 2015 REQUEST: Building, Site, and Operation Plan Amendment for American Hydraulics, Inc. Tax Key No. 2223.006/ S83 W18666 Saturn Drive SW ¼ of Section 16 PETITIONER: Jim Hurst, on behalf of American Hydraulics, Inc. INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 040-2015 On June 29, 2015 a submittal was received from Jim Hurst for American Hydraulics to add an additional 2,244 SF onto the rear of their existing building in order to meet the needs of their growing business. CONSISTENCY WITH ADOPTED PLANS PC 040-2015 Comprehensive Plan: The 2020 Plan depicts the property for industrial uses. The petition is consistent with the Plan. Zoning: The property is zoned M-2, General Industrial. The use is permitted subject to BSO approval. STAFF DISCUSSION PC 040-2015 As mentioned above the proposal is for American Hydraulics, a local Muskego Business Park business, to expand their existing Building by 2,244 SF to aid their growing company. American Hydraulics is located along Saturn Drive. The addition will extend off the northern portion of the existing building and the existing parking/access will remain the same as today. The addition will be placed over an area that currently contains fenced outdoor storage area. The building addition is proposed to be clad with steel wall panels and a steel roof. All materials and colors proposed will match the existing building materials found on the existing structure. Plan Commission usually has allowed additions that match the existing materials of the principal structure to remain even if 50% masonry is not found. Thus, approval is recommended below as submitted, per the conditions listed below. No new lighting or landscaping is required for the addition given the location. If any new lighting or landscaping is proposed Planning staff must first review said proposals. There are a few items that need to be updated/added before building permits can be issued as follows: 1. A Plat of Survey needs to be submitted for the site including the proposed addition. The City needs to be sure that the building does not get any closer than 10 feet to the side lot line and no closer than 15 feet to the rear lot line. Also, there is an easement along the rear lot line that must not be encroached into. There is an older survey on file that indicated that the building has a very slight angle towards the western lot line at the rear of the building. This is of a special concern since it appears that the building currently is within 0.1 feet of the western offset limit. 2. Per the older survey on file, it appears that the existing building location is legal non -conforming since it is located closer than 50 feet to the front lot line. With this being the case the addition project can still proceed but a material cost list must be provided as part of the building permit to make sure that the material costs for the addition do not exceed 50% of the current FMV of the current building value, not including land values. 3. A grading plan will need to be submitted to show how the addition will work with the existing grades and/or how the grades will be modified to accommodate the addition. Currently there is a berm behind this existing building that will be encroached into. The Engineering Department will be reviewing this item. 4. There are currently a few unscreened dumpster and other miscellaneous outdoor storage items on site. Also, dumpsters must be enclosed within screened enclosure. As such, an enclosure plan must be submitted to screen the dumpster. All other outdoor storage must be stored within the building or removed from the site before occupancy for the addition would be able to be granted. STAFF RECOMMENDATION PC 040-2015 Approval of Resolution PC 040-2015, subject to the conditions listed in the resolution and supplement. MUSK EG Othe City of Ar ea o f Inte restI080160 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 04 0-2015 Am erican Hy dr au licsS83 W 186 66 Sa tu rn D r ive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 7 /2 /2 0 1 5 RESOLUTION #P.C. 040-2015 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR AMERICAN HYDRAULICS LOCATED IN THE SW ¼ OF SECTION 16 (TAX KEY 2223.006/ S83 W18666 SATURN DRIVE) WHEREAS, On June 29, 2015 a submittal was received from Jim Hurst for American Hydraulics located at S83 W18666 Saturn Drive (Tax Key No. 2223.006), and WHEREAS, An addition of 2,244 SF is proposed to add on more warehousing/manufacturing space to the existing building on site, and WHEREAS, The new addition is proposed to be clad with steel wall panels and a steel roof and all materials and colors proposed will match the existing building materials and colors found on the existing structure, and WHEREAS, The General Design Guide calls for commercial/industrial structures to be 50% masonry at Planning Commission discretion and the addition proposed matches the material usage found along the other facades of the structure, and WHEREAS, The addition will extend off the northern portion of the existing building and the existing parking/access will remain the same as today, and WHEREAS, No new landscaping and no new lighting is proposed at this time, and WHEREAS, There are some existing unscreened dumpsters and outdoor storage on site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for Merit Asphalt located at S83 W18666 Saturn Drive (Tax Key No. 2223.006). BE IT FURTHER RESOLVED, As part of the building permit process a Plat of Survey needs to be submitted for the site including the proposed addition to ensure compliance with all setbacks/offsets. BE IT FURTHER RESOLVED, A material cost list for the addition must be provided as part of the building permit to make sure it does not exceed 50% of the current FMV of the current building value due to the existing non-conforming building location. BE IT FURTHER RESOLVED, That a grading plan will need to be submitted as part of the building permit to show how the addition will work with the existing grades and/or how t he grades will be modified to accommodate the addition. BE IT FURTHER RESOLVED, That a dumpster enclosure is required and a plan showing such must be submitted to screen the dumpster as part of the building permit process. BE IT FURTHER RESOLVED, That all other outdoor storage must be stored within the building or removed from the site before occupancy for the addition would be granted. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initi ation of legal action, or both. Plan Commission City of Muskego Adopted: Denied: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 041-2015 For the meeting of: July 7, 2015 REQUEST: Recommendation to Common Council to amend Chapter 17 Zoning Ordinance to add Agritourism as an allowed use by Conditional Grant in the A-1 District PETITIONER: City of Muskego INTRODUCED: July 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 041-2015 The Plan Commission directed staff to draft a Zoning Code amendment to add Agritourism . This was brought forward based on a conceptual review/discussion about the Godsell Farm to be allowed agritourism practices. As such, the proposed amendment would allow Agritourism in the A-1 Agricultural District with the approval of a Conditional Use Grant (CUG). The following code amendment/additions are being proposed: Chapter 17, Section 8.36(3)C.10. – Add Agritourism as an allowed use with a Conditional Use Grant in the A-1 District 10. Agritourism Chapter 17, Section 22.03 – Add the definition of Agritourism Agritourism : Uses that combine tourism and agricultural practices that include activities that bring visitors to a working farm or ranch for enjoyment and education. Since Agritourism is listed as an allowed use by Conditional Use Grant (CUG) any applicant that would like to request such use would come through the Plan Commission for a formal Conditional Use Grant approval. This would involve a Public Hearing and Plan Commission review as is required for all CUG’s. Note – The Plan Commission recommendation for this proposed change is happening before the Public Hearing, which is scheduled to be held on July 14, 2015. If any concerns arise at the Public Hearing this topic could be brought back to the Plan Commission for reconsideration and/or further discussion. STAFF RECOMMENDATION PC 041-2015 Staff has the Plan Commission resolution written for approval as we can see the benefits of allowing these types of agricultural properties/business to be prosperous and beneficial. RESOLUTION #P.C. 041-2015 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 17 ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO TO ALLOW AGRITOURISM USES WHEREAS, Chapter 17 of the Municipal Code regulates Zoning Codes within the City of Muskego, and WHEREAS, The Plan Commission directed the Community Development Department to draft an amendment to the Zoning Code to allow Agritourism , after a conceptual discussion at the Plan Commission regarding said use, and WHEREAS, The Agritourism use will only be allowable in the A-1 Agricultural District subject to the approval of a Conditional Use Grant (CUG) from the Plan Commission, and WHEREAS, The proposed code changes include the addition of Agritourism in the definition section of Chapter 17, and WHEREAS, A public hearing will be held on July 14, 2015 to consider the amendments. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the proposed changes to Chapter 1 7 of the Municipal Code relating to the allowance of Agritourism uses in the A-1 district with approval of a Conditional Use Grant. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: July 7, 2015 ATTEST: Kellie McMullen, Recording Secretary