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Plan Commission Packet - 12/1/2015 CITY OF MUSKEGO PLAN COMMISSION AGENDA December 1, 2015 5:30 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 NOVEMBER 3, 2015 MEETING NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 058-2015 - Recommendation to Council to Rezone a portion of the St. Paul's Lutheran Church property from I-1-Government, Institutional, and Public Service District to RS-2 - Suburban Residence District, a 2020 Comprehensive Plan Amendment, and Approval of a Two Lot Certified Survey Map for the property located in the SE 1/4 of Section 2 (Part of Tax Key No 2165.972). RESOLUTION #PC 059-2015 - Approval of Multiple Temporary Accessory Structures for Daniel De Buhr on the Bohrer property located in the NW 1/4 of Section 15 (S79 W16459 Woods Road / Tax Key 2218.997.002). MISCELLANEOUS BUSINESS ADJOURNMENT 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 November 3, 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 Chiaverotti, Ald. Madden, Commissioner Hulbert, Fiedler, Jacques, Buckmaster and Bartlett. Also present: Director Muenkel and Recording Secretary McMullen. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2015 MEETING Commissioner Jacques made a motion to approve the minutes of October 6, 2015. Commissioner Fiedler seconded. Motion Passed 6 in favor. Commissioner Bartlett abstained. PUBLIC HEARING Public Hearing for termination of existing Conditional Use permits for properties listed on attached notice in accordance with the Muskego Zoning Ordinance. With no questions or comments, Mayor Chiaverotti closed the public hearing. CONSENT BUSINESS Recommended for approval en gross. Commissioner Buckmaster made a motion to approve the consent business engross. Commissioner Jacques seconded. Motion Passed 7 in favor. RESOLUTION #PC 053-2015 - Approval of a Three Lot Certified Survey Map for the Marohl property located in the NW 1/4 of Section 1 (Tax Key No. 2162.069 / W133 S6587 Fennimore Lane). RESOLUTION #PC 057-2015 - Approval of a Two Lot Extraterritorial Certified Survey Map for the Rausch property located in the Town of Waterford. Plan Commission Minutes 2 November 3, 2015 NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 054-2015 - Recommendation of Approval of a Final Plat for the Aster Hills Estates Subdivision located in the NE 1/4 of Section 24 (North Cape Road / 2253.998.003 and 2253.998.007). Commissioner Jacques made a motion to approve RESOLUTION #PC 054-2015 - Recommendation of Approval of a Final Plat for the Aster Hills Estates Subdivision located in the NE 1/4 of Section 24 (North Cape Road / 2253.998.003 and 2253.998.007). Commissioner Madden seconded. Motion Passed 7 in favor. RESOLUTION #PC 055-2015 - Approval of a Building, Site and Operation Plan Amendment for Starz Dance Academy for the property located in the NE 1/4 of Section 5 (Tax Key 2177.934.001 / W195 S6610 Racine Ave). Commissioner Jacques made a motion to approve RESOLUTION #PC 055-2015 - Approval of a Building, Site and Operation Plan Amendment for Starz Dance Academy for the property located in the NE 1/4 of Section 5 (Tax Key 2177.934.001 / W195 S6610 Racine Ave). Commissioner Buckmaster seconded. Commissioner Fiedler made a motion to amend RESOLUTION #PC 055-2015 to accept the plans as submitted with a flat metal wall and remove from the resolution: BE IT FURTHER RESOLVED, The southern facade needs to be altered to be similar to the northern facade, to include a similar masonry band, masonry columns, and lap siding, and to add: BE IT FURTHER RESOLVED, Landscaping is required as 10- foot arborvitaes every 7 feet along the southern facade in a 6-foot by 130-foot strip. Commissioner Madden seconded. Motion Passed 6 in favor 1 opposed. Commissioner Bartlett voted no. Motion Passed 6 in favor 1 opposed. Commissioner Bartlett voted no. RESOLUTION #PC 056-2015 - Recommendation to Common Council to Terminate Conditional Use Grants in Accordance with Section 17:14.06 of the Zoning Ordinance. Commissioner Buckmaster made a motion to approve RESOLUTION #PC 056-2015 - Recommendation to Common Council to Terminate Conditional Use Grants in Accordance with Section 17:14.06 of the Zoning Ordinance. Commissioner Jacques seconded. Motion Passed 7 in favor. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Jacques made a motion to adjourn at 7:07 PM. Ald. Madden seconded. Plan Commission Minutes 3 November 3, 2015 Motion Passed 7 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 058-2015 For the meeting of: December 1, 2015 REQUEST: Rezoning from BP-1 (Business & Office Park Support District) to BP-3 (Business Park District), a 2020 Comprehensive Plan Amendment, and a One Lot Certified Survey Map. Tax Key No. 2165.972 / S66 W14325 Janesville Road SE ¼ of Section 2 PETITIONER: Luck Hudock / St. Paul’s Lutheran Church INTRODUCED: December 1, 2015 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 058-2015 Petitioners have submitted a rezoning request from I-1 – Government, Institutional and Public Service District to RS-2 – Suburban Residence District, a 2020 Comprehensive Plan Amendment, and a Certified Survey Map for a 1-lot land division. PLAN CONSISTENCY PC 058-2015 Comprehensive Plan: A 2020 Comprehensive Plan Amendment is needed from Government & Institutional Uses to Medium Density Residential Uses. Zoning: The property is currently zoned I-1 – Government, Institutional and Public Service District. The zoning being requested is RS-2 – Suburban Residence District Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: Consistent with the plan. Adopted 208 Sanitary Sewer Service Area: Public sanitary sewer serves the property. The proposal is consistent with the Plan. Water Capacity Assessment District: The property is served by private water. The proposal is consistent with the Plan. DISCUSSION PC 058-2015 Rezoning/2020 Comprehensive Plan Amendment A Rezoning and 2020 Land Use amendment request has been submitted for the St. Paul’s Church property. The property is located along Janesville Road and also along Gaulke Drive. The property contains numerous structures relating to the church and school uses that occur on this site, along with a few homes owned by the church that have been used by church staff in the past. The property is currently zoned I-1, Government, Institutional, & Public Service District and the current 2020 Land Use designation is Government & Institutional uses. The proposal is to rezone a portion of this lot to RS-2, Suburban Residence District. This request also proposes a change to the 2020 Land Use from Government & Institutional uses to Medium Density Residential uses. The portion of the lot requesting to be rezoned is shown on the proposed CSM attached herein. This area currently contains one of the homes that is located on the St. Paul’s Church property. The intention is to rezone this lot so that the proposed land division can occur and this lot can then be sold off from the church if needed. The newly proposed lot is 21,535 SF in size. A public hearing for the rezoning is held before the Council on Tuesday November 24, 2015 and staff will discuss any issues talked about at the public hearing with Plan Commission at the PC meeting. CSM The CSM proposed is basic showing the one residential lot being split off. Said lot meets the requirements of the RS-2 district: and is subject to minor engineering corrections before city signatures. STAFF RECOMMENDATION PC 058-2015 Approval of Resolution PC 058-2015 Seeing that the RS-2 zoning district and the Medium Density Residential use is already found in this neighborhood and on adjacent properties. Th is home would then be zoned the same as others in this neighborhood. MUSK EG Othe City of Ar ea o f Inte restI0230460 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 05 8-2015 St. Pa ul's L uthe ra n Ch ur ch S6 6 W 143 25 Ja nes v ille Ro ad 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 : 1 1/2 0 /2 0 1 5 RESOLUTION #P.C. 058-2015 RECOMMENDATION TO COUNCIL TO REZONE A PORTION OF THE ST. PAUL'S LUTHERAN CHURCH PROPERTY FROM I-1-GOVERNMENT, INSTITUTIONAL, AND PUBLIC SERVICE DISTRICT TO RS-2 - SUBURBAN RESIDENCE DISTRICT, A 2020 COMPREHENSIVE PLAN AMENDMENT, AND APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE PROPERTY LOCATED IN THE SE 1/4 OF SECTION 2 (PART OF TAX KEY NO 2165.972). WHEREAS,A petition was submitted to rezone a property from the I-1 – Government, Institutional, and Public Service District to RS-2 – Suburban Residence District, a 2020 Comprehensive Plan Amendment, and a Certified Survey map was submitted for the property located in the SE ¼ of Section 2 (Tax Key No. 2165.972 / S66 W14325 Janesville Road), and WHEREAS, The property is currently zoned I-1 – Government, Institutional and Public Service District and the zoning being requested is RS-2 – Suburban Residence District, and WHEREAS, The 2020 Comprehensive Plan identifies this area for Government & Institutional Uses and is proposed to be Medium Density Residential Uses consistent with the surrounding areas and the rezoning proposed, and WHEREAS, A Public Hearing for the rezoning and Comp Plan amendment was heard before the Common Council on November 24, 2015, and WHEREAS, A one lot certified survey map is part of the submittal that divides the one lot parcel from the rest of the church property, and WHEREAS, The parcel is served by existing public sanitary sewer and private water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning to the RS-2 Suburban Residence District and a 2020 Comprehensive Plan Amendment to medium Density Residential and approves of a Certified Survey Map for the property located in the SE ¼ of Section 2 (Tax Key No. 2165.972 / S66 W14325 Janesville Road), and 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. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building 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: December 1, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 059-2015 For the meeting of: December 1, 2015 REQUEST: Multiple (4) Temporary Accessory Structures Tax Key No. 2218.997.002 / S79 W16459 Woods Road NW ¼ of Section 15 PETITIONER: Daniel De Buhr INTRODUCED: December 1, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 059-2015 The petitioner is asking to be allowed to keep up four (4) temporary structures on the property he leases noted above. Temporary structures typically need Plan Com mission approvals. Plans are attached for your review. PLAN CONSISTENCY PC 059-2015 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The proposal is consistent with the Plan. Zoning: The property is zoned RS-3 – Suburban Residence District. The proposal is allowable with Plan Commission approval. STAFF DISCUSSION PC 059-2015 It recently came to the City attention that there were four temporary tarp structures on this property. After talking with the property owner and the applicant (own rents the property), the applicant decided to seek Plan Commission approvals to be able to leave the four temporary structures up on the property until April 15, 2016. That would allow the applicant to be able to keep his items under cover and protected from the weather through the winter. The applicant is storing personal items within the structures, along with many items that he inherited from his parents. He also has firewood in one of the structures. He does have an a ttached garage but that is currently being used for a vehicle, motorcycles, a trailer, as a staging area for things that he is trying to sell of his parents, and as a place for his son to prepare for an upcoming move. This is being addressed due to a zoning complaint that was brought forward from Alderman Kubacki. The Alderman is aware of this request and supports it subject to the conditions noted in the Resolution and knowing that this is only for a temporary time period. The Resolution states the following items/conditions: BE IT FURTHER RESOLVED, That the temporary structures cannot be used for any commercial/business storage and cannot be rented to others for storage. BE IT FURTHER RESOLVED, That the temporary structures must remain in good cond ition and if any covers/tarps become torn or ripped, they must be repaired immediately or the structures must be removed. BE IT FURTHER RESOLVED, The temporary structures must be permanently taken down by April 15, 2016 and removed from the site or stored within the attached garage on this property. BE IT FURTHER RESOLVED, That once the temporary structures are removed, the items that are currently within them must be removed from the site, stored within the garage on site, or full y screened from view by a City approved screening device. STAFF RECOMMENDATION PC 059-2015 Approval of Resolution #PC 059-2015, subject to the conditions of approval listed on the Resolution and seeing that the Alderman of this district is fine with the contingencies and doesn ’t see the structures as unsightly for this temporary period of time. MUSK EG Othe City of Ar ea o f Inte restI0160320 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 05 9-2015 Da niel D e Buh r S7 9 W 164 59 W oo ds R o ad 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 : 1 1/2 0 /2 0 1 5 RESOLUTION #P.C. 059-2015 APPROVAL OF MULTIPLE TEMPORARY ACCESSORY STRUCTURES FOR DANIEL DE BUHR LOCATED ON THE BOHRER PROPERTY IN THE NW 1/4 OF SECTION 15 (TAX KEY NO. 2218.997.002 / S79 W16459 WOODS ROAD) WHEREAS, A narrative, site plan, and photos were submitted to be allowed to keep four (4) temporary structures on the property located at S79 W16459 Woods Road (Tax Key No. 2218.997.002), and WHEREAS, The property is zoned RS-3 - Suburban Residence District, and whereas said temporary structure can be allowed subject to Plan Commission review due to the nature of these structures, and WHEREAS, The applicant has stated that the temporary structures will be taken down by April 15, 2016, and WHEREAS, The temporary structures have metal frames wrapped with a tarp material that is similar in color to the home, and WHEREAS, The temporary structure will be used for personal/family storage only and for the storage of firewood for use on site. THEREFORE BE IT RESOLVED, That the Plan Commission approves four (4) temporary structures for Daniel De Buhr located on the Bohrer property at S79 W16459 Woods Road (Tax Key No. 2218.997.002). BE IT FURTHER RESOLVED, That the temporary structures cannot be used for any commercial/business storage and cannot be rented to others for storage. BE IT FURTHER RESOLVED, That the temporary structures must remain in good condition and if any covers/tarps become torn or ripped, they must be repaired immediately or the structures must be removed. BE IT FURTHER RESOLVED, The temporary structures must be permanently taken down by April 15, 2016 and removed from the site or stored within the attached garage on this property. BE IT FURTHER RESOLVED, That once the temporary structures are removed, the items that are currently within them must be removed from the site, stored within the garage on site, or fully screened from view by a City approved screening device. 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: December 1, 2015 ATTEST: Kellie McMullen, Recording Secretary