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Plan Commission Packet - 10/4/2016 CITY OF MUSKEGO PLAN COMMISSION AGENDA October 4, 2016 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 SEPTEMBER 6, 2016 MEETING PUBLIC HEARING Public Hearing for 101 Mobility on behalf of Donald and Cathy Koehler requesting a Conditional Use Grant in accordance with the Muskego Zoning Ordinance (Chapter 17) Section 14.03(7) (Reasonable Accommodations for the Disabled) for the purpose of allowing a handicap access ramp on the front of the existing home approximately five (5) feet into the front setback for the property located at 2227.038 / S84 W19678 Claire Bridge Court. CONSENT BUSINESS Recommended for approval en gross. RESOLUTION #PC 066-2016 - Approval of an additional accessory structure and waiver of materials for the Cozza property located in the NE 1/4 of Section 26 (Tax Key No. 2261.993 / W145 S9658 Groveway Lane). RESOLUTION #PC 067-2016 - Approval of an additional accessory structure for the Koscinski property located in the NE 1/4 of Section 29 (Tax Key No. 2273.996 / W195 S9804 Racine Ave). RESOLUTION #PC 068-2016 - Approval of a One Lot Certified Survey Map for the Rozeski property located in the NW 1/4 of Section 28 (Tax Key No. 2270.999.003 / W185 S9584 Parker Drive). RESOLUTION #PC 069-2016 - Approval of an additional accessory structure for the Rudersdorf property located in the NW 1/4 of Section 4 (Tax Key No. 2174.932 / W180 S6669 Muskego Drive). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 055-2016 - Recommendation to Council to Amend the Zoning Map of the City of Muskego for Cornerstone Development for properties located in the NW 1/4 of Section 15 (Tax Key No. 2218.990.008 / Woods Road and Parkland Drive). RESOLUTION #PC 063-2016 - Recommendation to Council to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego for Carity Land Corp and Approval of a Two Lot Certified Survey Map for the property located in the NW 1/4 of Section 2 (Tax Key No. 2166.997.001 / College Ave and Commerce Center Parkway.) Plan Commission Agenda 2 October 4, 2016 RESOLUTION #PC 064-2016 - Recommendation to Council to amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego for Carity Land Corp for the property located in the NE 1/4 of Section 3 (Tax Key 2169.999.009/ College Ave). RESOLUTION #PC 065-2016 - Approval of a Conditional Use Grant for a handicap access ramp with the front setback located in the SW 1/4 of Section 17 (Tax Key 2227.068 / S84 W19678 Claire Bridge Ct). #PC 070-2016 - Conceptual Review of a Building Site and Operation Plan for Whorley's Storage located in the SE 1/4 of Section 5 (Tax Key No. 2180.994.003 / Hillendale Drive) 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 September 6, 2016 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Kathy Chiaverotti called the meeting to order at 6:02 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Chiaverotti, Ald. Borgman, Commissioners Peardon, Jacques, Fiedler and Bartlett, Director Muenkel and Recording Secretary McMullen. Absent: Commissioner Buckmaster STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meetings laws on September 1, 2016. APPROVAL OF THE MINUTES OF THE AUGUST 2, 2016 MEETING Alderman Borgman made a motion to approve the minutes of the August 2, 2016 meeting. Commissioner Jacques seconded. Motion Passed 6 in favor. PUBLIC HEARING Public Hearing for MSP Real Estate requesting a conditional use grant in accordance with the Muskego Zoning Ordinance to allow a senior housing campus development (under the use of "nursing homes, rest homes, and homes for the all aged, including day cares) for the property located along Janesville Road / Tax Key No. 2162.996. With no questions or comments, Mayor Chiaverotti closed the Public Hearing at 6:20 PM. OLD BUSINESS FOR CONSIDERATION RESOLUTION #PC 001-2016 - Approval of a Building, Site and Operation Plan and Conditional Use Grant for Tess Corners Automotive located in the NE 1/4 of Section 2 (Tax Key No. 2165.989.001 / W145 S6645 Tess Corners Drive). Alderman Borgman made a motion to approve RESOLUTION #PC 001-2016 - Approval of a Building, Site and Operation Plan and Conditional Use Grant for Tess Corners Automotive located in the NE 1/4 of Section 2 (Tax Key No. 2165.989.001 / W145 S6645 Tess Corners Drive). Commissioner Bartlett seconded. Commissioner Fiedler made a motion to amend Resolution #PC 001-2016 to read: BE IT FURTHER RESOLVED, That the WDNR and FEMA must give approval to the floodplain adjustments before any grading begins and the general building permit is issued. Formal Plan Commission Minutes 2 September 6, 2016 Floodplain ordinance amendments shall occur upon completion of the grading and occupancy of the structure. BE IT FURTHER RESOLVED, That the building elevations as submitted for the September 6, 2016 Plan Commission are approved as part of this resolution. BE IT FURTHER RESOLVED, The proposal has some good design elements (as it relates to the design guides for this area) but, there are changes that should occur to further enhance the design and to bring it into compliance with the design guides: 1. South & East Elevations - Replace the split face CMU on these two elevations with the stone veneer (at the same heights as currently shown for the CMU) so that the stone look is consistent throughout these elevations, 2. South & East Elevation – Remove and replace stucco material with lap siding for consistency on the elevation, 3. South Elevation - Continue the stone veneer in the center section of the building so that there is a band across the entire elevation, 4. South Elevation - Add dormers or a gable roof feature within the large eastern roof section, 5. West Elevation - Continue the stone veneer on the far southern side of this elevation where the wall is currently all lap siding center section of the building, 6. Steel Roof Areas - Add 2’-8” overhangs to the entire structure. Commissioner Jacques seconded. Motion to Amend passed 6 in favor. Motion to Approve Amended Resolution #PC 001-2016 passed 6 in favor. CONSENT BUSINESS Commissioner Jacques made a motion to approve consent business engross. Commissioner Fiedler seconded. Motion Passed 6 in favor. RESOLUTION #PC 054-2016 - Approval of a metal accessory structure for the Schwid property located in the SE 1/4 of Section 34 (Tax Key No. 2296.998.006 / S110 W15980 Union Church Drive). RESOLUTION #PC 056-2016 - Approval of a Building, Site and Operation Plan Amendment for Alpha Plastics located in the NE 1/4 of Section 17 (Tax Key No. 2225.999.018 / S82 W19362 Apollo Drive). RESOLUTION #PC 058-2016 - Approval of a metal accessory structure for the Wolff property located in the SW 1/4 of Section 17 (Tax Key No. 2227.989.013 / W200 S8613 Woods Road). RESOLUTION #PC 061-2016 - Approval of a metal accessory roofed structure for the Burback property located in the SW 1/4 of Section 24 (Tax Key No. 2255.999.006). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 057-2016 - Recommendation to Council to rezone a property from I-1 Government, Institutional and Public Service District to B-3 General Business District, Approval of a Conditional Use Grant, Approval of Building Site and Operation Plans, and Approval of a Two Lot Certified Survey Map for the property MSP Real Estate Senior Living located in the NW 1/4 of Section 1 (Tax Key No. 2162.996 / Janesville Road). Plan Commission Minutes 3 September 6, 2016 Commissioner Jacques made a motion to approve RESOLUTION #PC 057-2016 - Recommendation to Council to rezone a property from I-1 Government, Institutional and Public Service District to B-3 General Business District, Approval of a Conditional Use Grant, Approval of Building Site and Operation Plans, and Approval of a Two Lot Certified Survey Map for the property MSP Real Estate Senior Living located in the NW 1/4 of Section 1 (Tax Key No. 2162.996 / Janesville Road). Commissioner Bartlett seconded. Motion Passed 5 in favor. Commissioner Fiedler abstained. RESOLUTION #PC 059-2016 - Approval of a Building Site and Operation Plan and Certified Survey Map for Commercial Building "A" for Ener Con Companies as part of the Parkland Towne Center Development property located in the NW 1/4 of Section 10 (Tax Key No. 2198.984.008, 2198.984.009, and 2198.984.010 / Janesville Road). Commissioner Jacques made a motion to approve RESOLUTION #PC 059-2016 - Approval of a Building Site and Operation Plan and Certified Survey Map for Commercial Building "A" for Ener Con Companies as part of the Parkland Towne Center Development property located in the NW 1/4 of Section 10 (Tax Key No. 2198.984.008, 2198.984.009, and 2198.984.010 / Janesville Road). Commissioner Bartlett seconded. Motion Passed 6 in favor. RESOLUTION #PC 060-2016 - Approval of a metal accessory structure for the Dominick property located in the SW 1/4 of Section 17 (Tax Key No. 2227.988.017 / W200 S8431 Woods Road). Commissioner Jacques made a motion to approve RESOLUTION #PC 060-2016 - Approval of a metal accessory structure for the Dominick property located in the SW 1/4 of Section 17 (Tax Key No. 2227.988.017 / W200 S8431 Woods Road). Commissioner Bartlett seconded. Commissioner Bartlett made a motion to amend Resolution #PC 060-2016 to remove: BE IT FURTHER RESOLVED, That all four sides of the building must contain roof overhangs at last equal to the depth of the overhangs on the home. Commissioner Fiedler seconded. Motion to Amend Resolution #PC 060-2016 passed 6 in favor. Motion to Approve Amended Resolution #PC 060-2016 passed 6 in favor. RESOLUTION #PC 062-2016 - Approval of a Building Site and Operation Plan amendment for the Bevsek-Verbick Funeral Home property located in the NE 1/4 of Section 5 (Tax Key No. 2177.934.001 / W195 S6610 Racine Avenue). Commissioner Jacques made a motion to approve RESOLUTION #PC 062-2016 - Approval of a Building Site and Operation Plan amendment for the Bevsek-Verbick Funeral Home property located in the NE 1/4 of Section 5 (Tax Key No. 2177.934.001 / W195 S6610 Racine Avenue). Commissioner Bartlett seconded. Motion Passed 6 in favor. Plan Commission Minutes 4 September 6, 2016 MISCELLANEOUS BUSINESS Taco Bell Operations Update ADJOURNMENT Commissioner Jacques made a motion to adjourn at 6:58 PM. Commissioner Bartlett seconded. Motion Passed 6 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 065-2016 For the meeting of: October 4, 2016 REQUEST: Conditional Use Grant - Reasonable Accommodations for the Disabled S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068 SW ¼ of Section 17 PETITIONER: 101 Mobility on behalf of Donald and Cathy Koehler INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 065-2016 Plans were submitted by 101 Mobility, on behalf of Donald and Cathy Koehler, to build a handicap access ramp within the front setback of their home located on Claire Bridge Court. A handicap access ramp is needed so that a member of the Koehler 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 065-2016 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-23 - Plum Creek 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 065-2016 As is stated above the Koehler 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 straight ramp off of the current front stoop. The Zoning for this district (PD-23) allows a 35 foot front setback. The ramp is proposed with a setback of approximately 30 feet. That is a five (5) foot waiver. The ramp is being designed to head towards the road rather than along the front of the house due to existing landscaping and existing sidewalk locations. 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 065-2016 Approval of Resolution # PC 065-2016, 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 restI070140 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 06 5-2016 Ko eh ler S8 4 W 196 78 Clair e Brid ge C t. 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 : 9 /2 6/2 0 16 RESOLUTION #P.C. 065-2016 APPROVAL OF A CONDITIONAL USE GRANT FOR A HANDICAP ACCESS RAMP WITHIN THE FRONT SETBACK LOCATED AT S84 W19678 CLAIRE BRIDGE CT (TAX KEY NO. 2227.068) WHEREAS, Plans were submitted by 101 Mobility, on behalf of Donald and Cathy Koehler, for a Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068, and WHEREAS, Said property is currently zoned PD-23 Plum Creek 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 regulation 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 35 feet and the proposal (for the ramp) is seeking a setback of about 30 feet from the front lot line, and WHEREAS, The ramp is being designed to head towards the road rather than along the front of the house due to existing landscaping and existing sidewalk locations. 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 S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 066-2016 For the meeting of: October 4, 2016 REQUEST: Additional Accessory Structure and Waiver of Materials Tax Key No. 2261.993 / W145 S9658 Groveway Lane NE ¼ of Section 26 PETITIONER: Joseph Cozza INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 066-2016 The petitioner is proposing to construct a 1,080 square foot (27’ x 40’) metal accessory structure on site. This would also be the third accessory structure on the property. The structure will be used for personal storage of items such as cars, boats, yard equipment, etc. Plans are attached for your review. Plan Commission may waive the architectural requirements for accessory structures when any of the fol lowing 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 066-2016 Comprehensive Plan: The 2020 Plan depicts the area for low density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned RSE – Suburban Estate District. Accessory structures totaling around 1,375 square feet are permitted on the subject property. The current proposal measures 1,080 square feet in area. There is an existing house on the property with two other accessory structures (totaling 288 square feet in size). The total size of all accessory structures on the property is proposed to be 1,368 square feet. The proposal meets the bulk requirements of the Zoning Code except the architectural requirements of accessory structures and having more than one accessory structure on the property. STAFF DISCUSSION PC 066-2016 The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. Also, the code states that the Plan Commission must review multiple accessory structures on one property. Planning Commission approval is being sought due to these concerns. The petitioner is proposing a steel sided and steel-roofed structure. The walls will be dark bronze (brownish), the roof will be brown, the trim/shutters ivory, and the doors ivory. These colors must be similar to the home. The building is located about 300’ from the nearest public street. The building is shown having decorative elements such as windows and shutters. The existing home has approximately 32” roof overhangs and the applicant is asking for 16” roof overhangs on the accessory structure . Since 16” is still a good size, the resolution is drafted to allow said roof overhangs. If the Plan Commission would like to see these modified, then the resolution would need to be amended. 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 bu siness operations. STAFF RECOMMENDATION PC 066-2016 Approval of Resolution #PC 066-2016, finding that there will be no undue harm to the surrounding properties and the building being located about 300’ from the nearest public street. 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 06 6-2016 Jo se ph C oz z a W1 45 S96 58 G ro ve wa y 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 : 9 /2 3/2 0 16 RESOLUTION #P.C. 066-2016 APPROVAL OF AN ADDITONAL ACCESSORY STRUCTURE AND WAIVER OF MATERIALS FOR THE COZZA PROPERTY LOCATED IN THE NE ¼ OF SECTION 26 (TAX KEY NO. 2261.993 / W145 S9658 GROVEWAY LANE) WHEREAS, A site plan and building drawings were submitted by Joseph Cozza to construct a 1,080 square foot (27’ x 40’) metal accessory structure on his property located at W145 S9658 Groveway Lane (Tax Key No. 2261.993), and WHEREAS, The property is zoned RSE – Suburban Estate District and said structure is a permitted accessory use and subject to Plan Commission review due to the proposed architectural materials shown and since there is another accessory structure on the property, and WHEREAS, There is an existing house on the property with two accessory structures totaling 288 square feet, and WHEREAS, The total allowed square footage for accessory structures on this property is limited to approximately 1,375 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The total square footage proposed with both accessory structures will b e 1,368 square feet, and WHEREAS, The owner stated that the accessory structure will be used for personal storage of items such as cars, boats, yard equipment, 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 use d on the primary residence, and WHEREAS, The walls will be dark bronze (brownish), the roof will be brown, the trim/shutters ivory, and the doors ivory, and WHEREAS, The existing home has approximately 32” roof overhangs and the applicant is asking for 16” roof overhangs on the accessory structure, and WHEREAS, The building is shown having decorative elements such as windows and shutters, and WHEREAS, The structure is located about 300 feet from the nearest public street. THEREFORE BE IT RESOLVED, That the Plan Commission approves a 1,080 square foot metal accessory structure submitted by Joseph Cozza located at W145 S9658 Groveway Lane (Tax Key No. 2261.993). BE IT FURTHER RESOLVED, That 16” roof overhangs are allowed on the accessory structure. 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 and the building is located about 300’ from the nearest public street. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 067-2016 For the meeting of: October 4, 2016 REQUEST: Second Accessory Structure Tax Key No. 2273.996 / W195 S9804 Racine Avenue NE ¼ of Section 29 PETITIONER: Susan Koscinski INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 067-2016 The petitioner proposes to construct a 400 square foot (20’ x 20’) accessory structure on site. This building will be the second accessory structure on this lot. Plans are attached for your review. PLAN CONSISTENCY PC 067-2016 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 RSE – Suburban Estate District. Accessory structures totaling 1,030 square feet are permitted on the subject property. The current proposal measures 400 square feet in area. There are two other accessory structures that exists on the lot, one measuring 219 square feet with the other measuring 49 square feet. The 49 square foot building is being removed as part of this project. The grand total of all accessory structure square footage with the proposed accessory structure equals 619 square feet. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 067-2016 Design Guide requirements state that Planning Commission approval is needed for more than one accessory structure on a lot when it is being used for residential purposes . Plan Commission approvals are being sought since there is already another accessory structure on this lot. The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. The proposed building is proposed to be clad with siding and shingles, both of which will be similar colors as the home. Said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. The petitioner has stated that the newly proposed building will be used for personal storage. The Resolution states the following items: BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt. BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home. STAFF RECOMMENDATION PC 067-2016 Approval of Resolution #PC 067-2016 MUSK EG Othe City of Ar ea o f Inte restI0120240 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 06 7-2016 Su san Koscinski W1 95 S98 04 Ra cin e Ave 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 : 9 /2 2/2 0 16 RESOLUTION #P.C. 067-2016 APPROVAL OF AN ADDITIONAL ACCESSORY STRUCTURE FOR THE KOSCINSKI PROPERTY LOCATED IN THE NE 1/4 OF SECTION 29 (TAX KEY NO. 2273.996 / W195 S9804 RACINE AVENUE) WHEREAS, A site plan and building drawings were submitted to construct an 400 square foot (20’ x 20’) accessory structure on the property located at W195 S9804 Racine Avenue (Tax Key No. 2273.996), and WHEREAS, The property is zoned RSE – Suburban Estate District, and whereas said structure is a permitted accessory use and subject to Plan Commission review due to more than one accessory structure on the lot, and WHEREAS, One accessory structure totaling approximately 219 square feet, a shed totaling approximately 49 square feet, and a home residence currently reside on the property, and WHEREAS, The 49 square foot shed will be removed as part of the construction of the new building, and WHEREAS, The combined total of the two (2) accessory structures (one existing and one proposed) will be 619 square feet, which is within the allowed limit, and WHEREAS, The total square footage for accessory structures on this property is limited to 1,030 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The accessory structure will be used for personal storage only, and WHEREAS, The proposed height is approximately 10 feet, as measured by code, which is allowed in said zoning district, and WHEREAS, The structure is proposed to be clad with siding and shingles, both of which will be similar to the house, and said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 400 square foot accessory structure for the Koscinski property located at W195 S9804 Racine Avenue (Tax Key No. 2273.996). BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt. BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 068-2016 For the meeting of: October 4, 2016 REQUEST: One (1) Lot Land Division – Rozeski Property W185 S9584 Parker Drive / Tax Key No. 2270.999.003 NW ¼ of Section 28 PETITIONER: James Rozeski INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 068-2016 The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. Only one (1) 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 130,938 square feet (3.006 acres) in area. PLAN CONSISTENCY PC 068-2016 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 no priority conservation areas on this site. The proposal is consistent with the Plan. Street System Plan: Right-of-way is being dedicated as part of the proposed CSM. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot is served by a private on-site sewer system. The proposal is consistent with the Plan. Water Capacity Assessment District: The lot is served by private water well. 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 new construction. DISCUSSION PC 068-2016 Upon review of the CSM, the bulk requirements of the code appear to be met. As is noted above, the CSM only includes one (1) parcel 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 owner has mentioned that there are some possible future plans to re-divide the remnant lot, at which time a separate CSM would then be pursued. The remnant lot is about 29.8 acres in size and it contains six existing outbuildings totaling 13,132 square feet in area, which is within the allowed size limit of 25,970 square feet for outbuildings. The resolution states that a note must be placed on the CSM stating that a home must be built on the remnant lot within one (1) year of recording of the CSM or all outbuildings must be removed from the property by that time. This is due to the code requiring that outbuildings be on a lot containing a home. There currently is a DNR access easement that runs through this propert y. The owner has stated that they have been working with the DNR to either relocate or remove the current easement. The resolution states that any DNR easement changes/removal must be finalized and recorded before the CSM can show any alteration to the DNR easement. 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. The following are some of the technical corrections/comments:  If anyone would like to build on the remnant lot down the road additional site investigations will need to occur to ensure the buildability of said lot. 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 068-2016 Approval of Resolution PC 068-2016 MUSK EG Othe City of Ar ea o f Inte restI06501,300 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 06 8-2016 Ja mes Ro ze ski W1 85 S95 84 Pa rk er 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 : 9 /2 2/2 0 16 RESOLUTION #P.C. 068-2016 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE ROZESKI PROPERTY LOCATED IN THE NW ¼ OF SECTION 28 (TAX KEY NO. 2270.999.003 / W185 S9584 PARKER DRIVE) WHEREAS, a Certified Survey Map was submitted by James Rozeski for a one (1) lot land division located in the NW ¼ of Section 28 (Tax Key No. 2270.999.003 / W185 S9584 Parker 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, and WHEREAS, The proposed lot is 130,938 square feet in area (3.006 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, The remnant lot is about 29.8 acres in size and it contains six existing outbuildings totaling 13,132 square feet in area, which is within the allowed size limit of 25,970 square feet for outbuildings, and WHEREAS, There currently is a DNR easements running through the property, which the owner is working with the DNR to relocate or remove, and WHEREAS, The lot is/will be served by a private on-site sewer system and a private water well. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by James Rozeski for a one (1) lot land division located in the NW ¼ of Section 28 (Tax Key No. 2270.999.003 / W185 S9584 Parker 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 a note must be placed on the CSM stating that a home must be built on the remnant lot within one (1) year of recording of the CSM or all outbuildings must be removed from the property by that time. BE IT FURTHER RESOLVED, That any DNR easement changes/removal must be finalized and recorded before the CSM can show any alteration to the DNR easement. BE IT FURTHER RESOLVED, That if anyone would like to build on the remnant lot down the road additional site investigations will need to occur to ensure the buildability of said lot. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 069-2016 For the meeting of: October 4, 2016 REQUEST: Second Accessory Structure Tax Key No. 2174.932 / W180 S6669 Muskego Drive NW ¼ of Section 4 PETITIONER: Ryan Rudersdorf INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 069-2016 The petitioner proposes to construct a 160 square foot (10’ x 16’) accessory structure on site. This building will be the second accessory structure on this lot. Plans are attached for your review. PLAN CONSISTENCY PC 069-2016 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned RL-3 – Lakeshore Residence District. Accessory structures totaling 1,437 square feet are permitted on the subject property. The current proposal measures 160 square feet in area. There is one other accessory structure (boat house) that exists on the lot, which is 311 square feet in size. The grand total of all accessory structure square footage with the proposed accessory structure equals 471 square feet. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 069-2016 Design Guide requirements state that Planning Commission approval is needed for more than one accessory structure on a lot when it is being used for residential purposes . Plan Commission approvals are being sought since there is already another accessory structure/boat house on this lot. The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. The proposed building is proposed to be clad with siding and shingles, both of which will be similar colors as the home and the existing accessory structure. Said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. The petitioner has stated that the newly proposed building will be used for personal storage. The Resolution also states the following items: BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete, asphalt, or pressure treated lumber. BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home and the existing accessory structure. STAFF RECOMMENDATION PC 069-2016 Approval of Resolution #PC 069-2016 MUSK EG Othe City of Ar ea o f Inte restI070140 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 06 9-2016 Ryan R ud er sd or f W1 80 S66 69 M uske go 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 : 9 /2 2/2 0 16 RESOLUTION #P.C. 069-2016 APPROVAL OF AN ADDITIONAL ACCESSORY STRUCTURE FOR THE RUDERSDORF PROPERTY LOCATED IN THE NW 1/4 OF SECTION 4 (TAX KEY NO. 2174.932 / W180 S6669 MUSKEGO DRIVE) WHEREAS, A site plan and building drawings were submitted to construct an 160 square foot accessory structure on the property located at W180 S6669 Muskego Drive (Tax Key No. 2174.932), and WHEREAS, The property is zoned RL-3 – Lakeshore Residence District, and whereas said structure is a permitted accessory use and subject to Plan Commission review due to more than one accessory structure on the lot, and WHEREAS, One accessory structure (boat house) measuring approximately 311 square feet and a home residence currently reside on the property, and WHEREAS, The combined total of the two (2) accessory structures will be 471 square feet, which is within the allowed limit, and WHEREAS, The total square footage for accessory structures on this property is limited to 1,437 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The accessory structure will be used for personal storage only, and WHEREAS, The proposed height is approximately 8 feet, as measured by code, which is allowed in said zoning district, and WHEREAS, The structure is proposed to be clad with siding and shingles, both of which will be similar to the colors of the house, and said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 160 square foot accessory structure for the Rudersdorf property located at W180 S6669 Muskego Drive (Tax Key No. 2174.932). BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home and the existing accessory structure. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete, asphalt, or pressure treated lumber. BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 055-2016 For the meeting of: October 4, 2016 REQUEST: Rezoning from RS-3 Suburban Residence District to a Planned Development Tax Key No. 2218.990.008 NW ¼ of Section 15 PETITIONER: John Wahlen, Cornerstone Development INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 055-2016 Cornerstone Development is petitioning for a rezoning for the 11.48 acre Pellman farm property that is located along Woods Road just south of the Parkland Drive intersection. The property has frontage along Kurtze Lane as well. A rezoning is requested from the existing RS-3 Suburban Residence District zoning district to the PD Planned Development District. Cornerstone Development is proposing a c ondo development of thirty-four (34) units. PLAN CONSISTENCY PC 055-2016 Comprehensive Plan: The 2020 Plan depicts the areas for Medium Density Residential use. The proposed density is consistent with the Plan as discussed below. Zoning: Proposal would be consistent with a PD Planned Development request as discussed further below. Park and Conservation Plan: No acquisitions or trail requirements are proposed in this area. The proposal is consistent with the Plan. A Low Management Priority area is found on the southeast portion of the property along Kurtze Lane where a small forested area exists. A majority of this area is shown as preserved for the development. Street System Plan: The proposal is 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 public water service. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater management would be required for the future concept development shown as part of the rezoning. The proposal is consistent with the Plan. DISCUSSION PC 055-2016 Cornerstone Development is petitioning for a rezoning for the 11.48 acre Pellman Farm property that is located along Woods Road just south of the Parkland Drive intersection. The property has frontage along Kurtze Lane as well. A rezoning is requested from the existing RS-3 Suburban Residence District zoning district to the PD Planned Development District. Cornerstone Development is proposing a condo development of thirty-four (34) units that would include all ranch style structures consisting of eleven (11) two -family structures and three (3) four family structures. The development would include a clubhouse and would have internal private roads that stemmed off of Woods Road and Kurtze Lane. The conceptual land division map, condo concept plan, a side -by-side zoning map, and building renderings of the proposed structures are found attached. Lastly, an updated set of narratives (dated Sept 19th and 20th) are found in the supplement from the developers. As Plan Commission may know the public hearing for this rezoning took place back on August 23, 2016. The developers elected to wait on the Plan Commission recommendation in order to hold a neighborhood meeting to go over any concerns. The two (2) narratives discuss some of the details they brought forth during this neighborhood meeting. The 2020 Comprehensive Plan identifies this area as Medium Density Residential (1-2.99/units an acre OR 1 unit per 14,569 square feet). The proposal consists of thirty-four (34) units on 11.48 acres which equates to 1 unit per 14,708 square feet. The proposal is consistent with the 2020 Plan and would not require an amendment at this time. The existing RS-3 zoning would allow single-family parcels of a minimum 15,000 square feet and 100 feet in width. The proposed PD Planned Development zoning allows a developer to request a development that might not f it exactly into Muskego’s zoning categories. In this case, Cornerstone Development seeks the Planned Development zoning to allow the development to be proposed on a condominium style development where there are no exact property lines and the various owners would have private and public common spaces. The development would have varying structure setbacks as well. Further the development would be allowed to have private roads and a clubhouse feature as shown in the proposed attached concept plan. The developers have noted that they are generally following the RM -2 Multiple Family Residential District when designing this proposal. Upon any approval of this rezoning it should be noted that it still would be dependent on Plan Commission site and operation approval for building architecture, condo plat approval, and land division approval. Further, site utilities would require a developer’s agreement before the Common Council. Planning Commission may recall that Cornerstone Development came to Plan Commission in July 2016 for a conceptual review. The development was looked upon fondly at that time. The Plan Commission saw that the 2020 Comp Plan density would be followed, that the structures were of high end, and that the structures seemed to fit well into the general single family neighborhood. Public Hearing The public hearing was held before the Common Council at their August 23 rd meeting. It should be noted that a protest petition was filed from the area residents to the Common Council. The City Attorney found the protest petition valid under State law which will require the Common Council to enact a super majority vote (6/7) in order for the rezoning to pass. The protest petition does not affect a Plan Commission recommendation vote however. The following was heard at the public hearing (staff comments in red): 1. William Kritter, W166 S8076 Pellman Lane - Prefers a single family development. The developer have shown that a 20 lot single family subdivision would most likely occur under the existing RS-3 zoning. 2. Kathy Westerbeek, W193 S7952 Ancient Oaks Drive - The development would be an asset to the community. There is a demand for this type of housing. 3. Daniel Hanrahan, W162 S7947 Bay Lane Place - Were Kurtze Lane and Woods Road assessed to accommodate the additional traffic flow? If approved, the developers future infrastructure plans would be assessed by the city’s engineering department to determine what street upgrades might be required for the development. Was cost benefit analysis done on changing from single family to condos in terms of tax revenue? There is none presented at this point. 4. Jim Reik, W165 SS8266 Kurtze Lane - Water source? City sewer and water exist along Woods Road and would service this future development. What if they don't sell? Developer noted at public hearing that they only build a structure after half of one structure is bought. Is future lake access a possibility? No, there is no part of this development parcel that has lake access. 5. Kevin Ryan, W163 S7984 Bay Lane Place - Access to lake also his concern. There is no part of this development parcel that has lake access. 6. Karen Fockel, S79 W16655 Woods Road - She is part owner of the subject property. Believes condo development is least disruptive. The property with lake access is separate and is not part of the proposed development. 7. Kerry Foti, S79 W16723 Green Court - Concern is safety in regards to traffic and storm ponds. Developer would have to meet street and stormwater ordinances upon approval of a rezoning. 8. Deb Bolton, W186 S7543 Kingston Drive - Not for or against right now. Playing a shell game with densities. 9. Mark Laehn, W165 S8254 Kurtze Lane - Does not want the condos to ever have lake access. They would not. Would like to see a plus/minus type of display regarding developing the site as single family vs. condos. Some details of such a display would be subjective, but the Developer provided many of these notes in their recent narrative and at the public hearing. Here are some of the details they noted:  An RS-3 single family subdivision development would have approximately 20 lots and 20 main structures vs. the 34 units in 14 structures in the developer proposal.  The developer shows an RS-3 single family subdivision development would have approximately 6.38 acres of open space when built out vs. 7.75 acres of open space in the developer proposal. Stormwater management needs would be less in the developer proposal as well as a result of this.  An RS-3 single family subdivision development would have a road system owned and maintained by the City of Muskego vs. roads owned and maintained by the developer in the developer proposal.  An RS-3 single family subdivision development would have individual lots maintained (landscaping, etc.) by the private owners vs. landscaping maintained by the developer in the developer proposal. Further, the lot and landscaping would have to be kept up and maintained in perpetuity as the landscape plan would be subject to approval by the City’s Planning Commission in a Building, Site, and Operation Plan.  The developer shows that an RS-3 single family subdivision development would have approximately 3.5 people per home which is approximately 70 people in the 20 lots vs. the developer proposal having an average of 1.3 people per unit resulting in 44 people I the 34 units. Vehicle proportions may be the same as well. For reference the developers note that they are designing the proposal under the general requirements of the RM-2 district and they appear to be meeting these requirements as follows:  The RM-2 district has public street front setbacks of 40’ and side setbacks of 15’ which seem to be attainable in the concept plan.  Heights of buildings cannot exceed 30’ in the RM-2 district and one story buildings are proposed.  Buildings should have 2-8 units in any one structure and there are 11 two-family units and 3 four-family units proposed.  7,000 square feet of open space per unit is required and they are showing ~9,930 SF per unit.  One unit per 10,000 square feet of land area is found and the developers are showing 1 unit per 14,714 square feet. STAFF RECOMMENDATION PC 055-2016 Approval of Resolution PC 055-2016 seeing that the proposed development meets the densities of the Comprehensive Plan, will has less burden on city services, should fit the neighb orhood well, will have quality high end architecture, and the property will have to be kept up in perpetuity in regards to landscaping and maintenance. MUSK EG Othe City of Ar ea o f Inte restI0225450 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 5-2016 Co rne rst on e De ve lop men t Woo ds Ro ad a nd Pa rk land 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 : 9 /2 2/2 0 16 RESOLUTION #P.C. 055-2016 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO FOR CORNERSTONE DEVELOPMENT FOR PROPERTIES LOCATED IN THE NW ¼ OF SECTION 15 (TAX KEY NO. 2218.990.008 / WOODS RD AND PARKLAND DR) WHEREAS, A petition for a rezoning was submitted by Cornerstone Development to rezone a property along Woods Road and Parkland Drive (Tax Key No. 2218.990.008/ Woods Road and Parkland Drive), and WHEREAS, The rezoning request is to rezone the property from RS-3 Suburban Residence Zoning District to a Planned Development Zoning District, and WHEREAS, Cornerstone Development is proposing a condo development of thirty-four (34) units that would include all ranch style structures consisting of eleven (11) two-family structures and three (3) four family structures, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August 23, 2016, and WHEREAS, The 2020 Comprehensive Plan already identifies this area for medium density residential land uses (1-2.99 units/acre) and the proposal shows a density of 2.96 units/acre which doesn’t require a 2020 Comprehensive Plan amendment, and WHEREAS, A Planned Development Zoning District allows for greater freedom, imagination, and flexibility in the development of land while insuring substantial compliance to the intent of the normal district regulations of the City’s ordinances, and WHEREAS, Cornerstone Development seeks the Planned Development zoning to allow the development to be proposed on a condominium style development where there are no exact property lines and the various owners would have private and public common spaces, and WHEREAS, The development would have varying structure setbacks and the development would be allowed to have private roads and a clubhouse feature as shown in the proposed concept plan, and WHEREAS, The property is currently served by municipal sanitary sewer and municipal water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for a rezoning from the existing RS-3 Suburban Residence Zoning District to a Planned Development Zoning District (Tax Key No. 2218.990.008 / Woods Road and Parkland Drive). BE IT FURTHER RESOLVED, That this resolution recommends to the Council to include in the ordinance that the rezoning only takes effect upon approval and execution of Plan Commission approved BSO Plans for all elements of the proposed development and Common Council approved developer’s agreements outlining any developer improvements. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary MILWAUKEE REGIONAL OFFICE:15850 W. BLUEMOUND ROAD | SUITE 210 | BROOKFIELD, WI 53005 P: 262.754.8888 | F: 262.754.8850 | WWW.PINNACLE-EN GR.COM MILWAUKEE | CHICAGO MILWAUKEE | CHICAGO MILWAUKEE | CHICAGO MILWAUKEE | CHICAGO : NATIONWIDE: NATIONWIDE: NATIONWIDE: NATIONWIDE PINNACLE ENGINEERING GROUP Plan | Design | DeliverPlan | Design | DeliverPlan | Design | DeliverPlan | Design | Deliver w w w . p i n n a c l e - e n g r . c o m July 25, 2016 Mr. Jeff Muenkel City of Muskego W182 S8200 Racine Ave Muskego, WI 53150 Pellmann Farms Rezoning Narrative Dear Mr. Muenkel; The proposed project is located southeast from the intersection of Woods Road and Parkland Drive and north of Kurtze Lane. The property is cur rently zoned Suburban Residence District (RS-3). It is proposed to be rezoned as a Planned Developme nt (PD). This development will most closely resemble the zoning of RM-2 Multiple Family Residen ce which requires a 40 foot minimum setback and 15 foot side setbacks. The proposed layout will have a 25 foot minimum setback and will conform to all other RM-2 zoning requirements. The building s are separated by 30 feet or more. The project is 11.48 acres in size and approximately 14 condominiu m buildings (34 homes) are proposed. There is a proposed single family lot located on the corner of Kurtze Lane and Pellmann Lane. The 2020 plan depicts the areas for medium density residential us e (1-2.99 units an acre). The proposed density of the development is 2.95 units per acre, which will meet the City’s Comprehensive Plan. The layout places the four families and the clubhou se along Woods Road. The two families are concentrated on the east side of the property. This layout is proposed to foster a community feel. An association will be created and will perfo rm maintenance activities, landscaping, and snowplowing. Buildings will range from 4 family units which are about 9,000 s.f. to 2 family units which are about 5,000 s.f. on average. The building s will be single story ranches and will range in price from $319,999 to $399,999. The homeowners will have the option of a few differ ent models of homes each having its own slight variation. The architecture will be of a similar theme and will all be built by Cornerstone Development. Access to the development will be off Woods Road an d will align with Parkland Drive. There will also be an access point from Kurtze Lane. Ther e is a proposed emergency access entrance just northeast of the entrance on Woods Road. No impact to wetlands or floodplain is anticipated as part of this development. Stormwater management areas ar e provided on the east and west side of the property. The clubhouse will be built first along w ith a few select buildings as part of phase 1. The rest of the buildings will be built upon the sellin g of each of its homes. The site proposes to have public water main and sanitary sewer run through th e site in an easement. The storm sewer on site will be private. The proposed road through the site will also be private and maintained by the condominium association. There are trees located on the south portion of the site. Building 14 and the single family lot will impact the existing tree s, but all attempts will be made to preserve as man y trees as possible. Please review and contact me if you have any questi ons. Thank you. Sincerely, Pinnacle Engineering Group Aaron E. Koch, P.E. Director of Engineering MILWAUKEE REGIONAL OFFICE:1 5850 W. BLUEMOUND RO AD | SUITE 2 10 | BROOKFIELD , WI 5 3005 P: 262.754.8888 | F: 262.754.8850 | WWW.PINNACLE -ENGR.CO M MILW AUKEE | CHICAGO : NATIONWIDE PINNACLE ENGINEERING GROUP Plan | Design | Deliver w w w . p in n a c le -e n g r. c o m September 19 , 2016 Mr. Jeff Muenkel City of Muskego W182 S8200 Racine Ave Muskego, WI 53150 RE: The Glen at Pellma n n Farm Rezoning Supplemental Information Dear Mr. Muenkel : As you are aware, this project was presented at a public hearing on August 23 rd. We received both positive and negative feedback from neighbors and City residents. Subsequently, on our own initiative, we hel d a neighborhood meeting on September 1 st where there was additional discussion between neighbors and the development team. As a result of this informational meeting w e would like to summarize the comments and provide some additional insights accordingly. The main concern we discussed was the change in use and the resulting density. This further boiled down to questions relative to condominium over -utilizing the land with respect to the amount of greenspace and number of people . The current site plan for the condominiums will result in 4.1 acres of impervious area. If a single family subdivision was to be constructed instead, the maximum impervious area per RS-3 zoning would be 5.5 acres. With regards to the number of people, existing neighborhoods Cornerstone has created average about 1.3 people per home. This would equate to about 44 people in the 34 condominium homes . A traditional subdivision of 20 homes (assuming 3.5 people per home , which is the industry standard) would have approximately 70 people. Therefore, a single family subdivis ion could result in more impervious area and more people than what is being proposed for this condominium home neighborhood . In addition to the amount of greenspace, there were several questions about the quality of greenspace. All Cornerstone developments have a high level of consistent landscaping , which gets maintained to a high degree as well. As evidence we point to any of their existing neighborhoods, including Pilgrim Glen , in Menomonee Falls , which we have invited people to visit to see for themselves. Conversely, with a traditional subdivision, the landscaping may vary substantially from lot to lot and there is no guarantee that each lot owner will provide an adequate amount of screening to adjacent neighbors and then maintain that lan dscaping over time. We discussed the appropriateness of the PD zoning versus an RM -2 zoning. The propose d development meets the density requirement listed in the RM -2 zoning district. The RM -2 district is not being proposed here because the district im plies frontage along a public road. Since the roadways are private, th ose setbacks would not apply. In addition, as is customary with a condominium development, there are no internal lots. The RM -2 zoning appears to be written assuming that each buildin g would be on its own lot. On the flip side, the PD zoning gives the City the ability to ask for and require certain site specific improvements that would not be required under the RM -2 zoning. This is most relevant when it comes to landscaping and scree ning. There was a bit of concern about access to the lake and the seller’s intent on other adjacent properties. The plan does not and will not include any land that would allow lake access. This is another reason to use the PD zoning , as this can be wr itten into the PD conditions to not allow lake access in the event that future parties try to gain access. However, there is no intention of any lake access now or in the future. As well, there were a few concerns about overall neighborhood safety. W hile Cornerstone does not limit sales to any specific age of person, their experience and the type of product offered generally markets more readily to aging couples or singles without children , all who want to avoid the maintenance that comes with a tradi tional home. Professionals with occupations requiring regular travel are also not uncommon. Cornerstone communities are generally safe, quiet and non -intrusive on the surrounding neighborhoods. There were a few other miscellaneous questions relating to architecture, traffic, stormwater, grading and other site specific items. It is the intent of Cornerstone to fully meet all applicable City and state ordinances and to work with staff to satisfy t he City Plan Commission with respect to the details of the design . Based on initial staff conversations and the neighborhood that Cornerstone intends to create here we do not foresee any issues of concern going forward . Please review and contact me if y ou have any questions. Thank you. Sincerely, Aaron E. Koch, P.E. Director of Engineering Pinnacle Engineering Group P A R K L A N D D R I V E GREEN COURT EXISTING BUILDINGS EXISTING BUILDING EXISTING BUILDING ( 6 0 ' R . O . W . ) (60' R.O.W.) KURTZE LANE WOO D S R O A D (VA R I A B L E R . O . W . ) ( 6 0 ' R . O . W . ) BLDG 4 BLDG 10 BLDG 11 BLDG 13 BLDG 2 BLDG 3 BL D G 6 BLDG 9 EMERGENCY ACCESS POND PON D SINGLE FAMILY LOT CLUBHOUSE BLDG 1 BLDG 5 BLDG 12 BLDG 8 BL D G 7 BLDG 14 LAN D T O B E A C Q U I R E D TREES TO BE PRESERVED PINNACLE ENGINEERING GROUP 15850 W. BLUEMOUND ROAD | SUITE 210 | BROOKFIELD, WI 53005 | WWW.PINNACLE-ENGR.COM PLAN | DESIGN | DELIVER PEG JOB# PELLMAN FARMS - CONDOMINIUMS 07/12/2016 570.00 4 FAMILIES - 3 BLDGS (12 UNITS) 2 FAMILIES- 11 BLDGS (22 UNITS) TOTAL- 14 BLDGS (34 UNITS) LENGTH OF ROAD - 1,715 LF TOTAL SITE AREA: 503,586 (11.57 AC) ACQUIRED AREA: 12,466 (.29 AC) DENSITY CALCULATION W/ SINGLE FAM. & ACQUIRED AREA 516,186 SF / 35 UNITS= 14,748 SF = 2.95 UNITS PER ACRE DENSITY CALCULATION W/ ACQUIRED AREA AND NO SINGLE FAMILY 500,286 SF / 34 UNITS= 14,714 SF = 2.96 UNITS PER ACRE City of Muskego Plan Commission Supplement PC 063-2016 For the meeting of: October 4, 2016 REQUEST: Rezoning from BP-3 Business Park District to RS-1 Suburban Residence District, a 2020 Comprehensive Plan Amendment from Business Park to Medium Density Residential and a Two Lot Certified Survey Map College Avenue / Tax Key No. 2166.997.001 NW ¼ of Section 2 PETITIONER: Bill Carity, Carity Land Corporation INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 063-2016 Petitioner has submitted a rezoning request for a parcel along College Avenue. The rezoning request is to change the existing zoning of BP-3 Business Park District to RS-1 Suburban Residence District, a 2020 Comprehensive Plan amendment to Medium Density Residential uses, and a Two Lot Certified Survey Map per the submittal described in more detail below. The rezoning and 2020 Comprehensive Plan amendment only apply to the northern portion of the property, as is shown on the submitted maps/exhibits. PLAN CONSISTENCY PC 063-2016 Comprehensive Plan: The 2020 Plan depicts the area for Business Park use. The proposal is to amend to Medium Density Residential Uses in the Plan. Zoning: The current zoning is BP-3 Business Park District and the proposal is to change the northern area of this lot, along College Avenue, to RS-1 Suburban Residence District, which is similar to the surrounding properties to the west and east. Park and Open Space Plan: No acquisitions or trail requirements are proposed in this area. The proposal is consistent with the Plan. Conservation Plan: No acquisition or management priorities are depicted in this area. The proposal is consistent with the Plan. Street System Plan: College Ave was previously dedicated. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: Public sanitary sewer serves the properties. The proposal is consistent with the Plan. Water Capacity Assessment District: The northern residential property is served by private wells and the larger commercial lot is served with municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater management is not required for residential CSM’s and the commercial lot already has stormwater management accounted for. The proposal is consistent with the Plan. DISCUSSION PC 063-2016 Rezoning Carity Land Corp. is petitioning for a rezoning for a property along College Avenue to change the existing zoning of BP-3 Business Park District to RS-1 Suburban Residence District. The area requesting the rezoning is only the northern most portion of this lot along College Avenue. The proposed zoning of RS-1 is the same zoning that already exists on the adjacent two residential lots in this area. This new zoning would be consistent with the neighboring properties. 2020 Comprehensive Plan The 2020 Plan depicts the area for Business Park use. The proposal is to amend to Medium Density Residential use. This will facilitate the possible future development of this area into two possible new residential lots. The 2020 Plan specifically discusses allowing 2020 Land Use Plan Amendments by the Council and Planning Commission as follows: Plan Amendments: The Comprehensive Plan is not a strict blueprint for development and l and use patterns in the City of Muskego. The Plan will be flexible as constraints of the environment and community desires may change. The recommendations and objectives set forth herein were based upon existing factual data and the spoken priorities of those involved in the planning process. During the course of the planning process, it was known by those involved that constraints of the environment, infrastructure needs, or individual aspirations might change. Thus, this Plan should be amended if demonstrated as appropriate to the Common Council. However, amendments should only be made after a rational evaluation of the existing conditions and the potential impacts of such a change are made. Thus, this Plan recommends that the following be answered and/or shown to the Common Council and Planning Commission before any amendment request is fulfilled: 1. What has changed with the parcel(s) since the adoption of the 2020 Plan that warrants a new thinking/direction for the area? 2. Demonstrate that the proposed amendment is consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of the adopted Comprehensive Plan. 3. Any other criteria that the Council and/or Planning Commission deems necessary. Said criteria may be adopted in the form of an adopted policy by the aforementioned bodies of Muskego government. Public Hearing The Council held the public hearing for this request at their Tuesday September 27th meeting. One neighbor, David Rogers (S63 W15298 Garden Ter.), spoke at the hearing and voiced his unhappiness with the commercial developments that have occurred in this area. CSM The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. The lots will range in size from 1.89 acres to 17.79 acres. The CSM would separate the residential lot from the commercial lot. The northern lot, to be rezoned to residential, is approximately 1.89 acres and has approximately 385 feet of College Avenue frontage. The RS-1 zoning district requires parcels to be at least 30,000 square feet and 120 feet in width when sewer is available. This northern area of this parcel doesn’t serve well for business park purposes due to the grades and location next to College Avenue. Upon review of the CSM, the bulk requirements of the code appear to be met. The CSM resolution is subject to engineering corrections. STAFF RECOMMENDATION PC 063-2016 Approval of Resolution PC 063-2016 MUSK EG Othe City of Ar ea o f Inte restI0440880 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 06 3-2016 Ca rity L and Co rpCollege Ave 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 : 9 /2 3/2 0 16 RESOLUTION #P.C. 063-2016 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND THE 2020 COMPREHENSIVE PLAN, AND APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR CARITY LAND CORPORATION FOR PROPERTIES LOCATED IN THE NW ¼ OF SECTION 2 (TAX KEY NO. 2166.997.001 / COLLEGE AVENUE) WHEREAS, A petition for a Rezoning, 2020 Comprehensive Plan Amendment and Two Lot Certified Survey Map was submitted by Carity Land Corp. for a property along College Avenue (Tax Key No. 2166.997.001), and WHEREAS, The rezoning request is to amend the existing BP-3 Business Park District to RS-1 Suburban Residence District all per the rezoning submittal, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on September 27, 2016, and WHEREAS, The 2020 Comprehensive Plan identifies this area for business park uses and requires an amendment to medium density residential uses, and WHEREAS, The 2020 Comprehensive Plan is allowed to be changed by the Planning Commission and Common Council when it is deemed that the request has found that it is consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of the adopted Comprehensive Plan, and WHEREAS, The rezoning and the 2020 Comprehensive Plan amendment only are for the northern most portion of this lot, as shown within the submitted maps/exhibits, and WHEREAS, The two proposed parcels on the CSM vary in size from 1.89 acres to 17.79 acres and are for future residential and commercial uses, and WHEREAS, The northern residential lot will be served by municipal sanitary sewer and private well and the southern commercial property is currently served by municipal sanitary sewer and municipal water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from BP-3 Business Park District to RS-1 Suburban Residence District, approval of the 2020 Comprehensive Plan Amendment to Medium Density Residential and Approval of a Two Lot Certified Survey Map for Carity Land Corporation for the property on College Avenue (Tax Key No. 2166.997.001). BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended in this instance as the proposed concept plan as part of the rezoning request is consistent to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. BE IT FURHTER RESOLVED, That all technical corrections from the CSM review will need to be addressed before the Certified Survey Map can be signed and recorded. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 064-2016 For the meeting of: October 4, 2016 REQUEST: Rezoning from B-3 General Business District to RS-2 Suburban Residence District and a 2020 Comprehensive Plan Amendment from Business Park to Medium Density Residential Tax Key No. 2169.999.009 NE ¼ of Section 3 PETITIONER: Bill Carity, Carity Land Corporation INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 064-2016 Petitioner has submitted a rezoning request for a parcel along College Ave. The rezoning request is to change the existing zoning of B-3 General Business District to RS-2 Suburban Residence District and a 2020 Comprehensive Plan amendment to Medium Density Residential uses per the submittal described in more detail below. PLAN CONSISTENCY PC 064-2016 Comprehensive Plan: The 2020 Plan depicts the areas for Business Park use. The proposal is to change this property to Medium Density Residential use in the Plan. Zoning: The current zoning is B-3 General Business District and the proposal is to change the lot to RS-2 Suburban Residence District. The RS-2 district is a single-family district, which is similar to other single-family uses along College Avenue in this area. Park and Open Space Plan: No acquisitions or trail requirements are proposed in this area. The proposal is consistent with the Plan. Conservation Plan: No acquisition or management priorities are depicted in this area. The proposal is consistent with the Plan. Street System Plan: College Ave was previously dedicated. The proposal is 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 would be served by a private well. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater management is not required to build a future single-family home or use the lot residentially. DISCUSSION PC 064-2016 Rezoning Carity Land Corp. is petitioning for a rezoning for a property along College Ave to amend the existing zoning of B-3 General Business District to RS-1 Suburban Residence District. The petitioner is requesting this rezoning in order to allow the parcel to be ut ilized for a future single family home or possibly be sold to an existing single family neighbor for a lot combination. This parcel only has frontage along College Avenue now and doesn’t serve well for a business park use anymore given the grades and location. The parcel to be rezoned is approximately .57 acres (24,663 SF) and has approximately 178 feet of College Avenue frontage. RS-1 zoning exists in the immediate area, however the remnant parcel doesn’t meet RS-1 requirements (30,000 SF required). There also is RS-3 zoning in the area, but that requires unusually small lots for this existing area. Due to this , the RS-2 zoning district is requested to make it conforming as the RS-2 district requires at least 20,000 square feet and 110 feet in width when sewer is available. Sewer exists along the frontage of College Avenue at this time. 2020 Comprehensive Plan The 2020 Plan depicts the area for Business Park us e. The proposal is to amend to Medium Density Residential use. This will facilitate the possible future development of this area into two possible new residential lots. The 2020 Plan specifically discusses allowing 2020 Land Use Plan Amendments by the Council and Planning Commission as follows: Plan Amendments: The Comprehensive Plan is not a strict blueprint for development and land use patterns in the City of Muskego. The Plan will be flexible as constraints of the environment and community desires may change. The recommendations and objectives set forth herein were based upon existing factual data and the spoken priorities of those involved in the planning process. During the course of the planning process, it was known by those involved that constraints of the environment, infrastructure needs, or individual aspirations might change. Thus, this Plan should be amended if demonstrated as appropriate to the Common Council. However, amendments should only be made after a rational evaluation of the existing conditions and the potential impacts of such a change are made. Thus, this Plan recommends that the following be answered and/or shown to the Common Council and Planning Commission before any amendment request is fulfilled: 1. What has changed with the parcel(s) since the adoption of the 2020 Plan that warrants a new thinking/direction for the area? 2. Demonstrate that the proposed amendment is consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the v ariation from the normal requirements of the adopted Comprehensive Plan. 3. Any other criteria that the Council and/or Planning Commission deems necessary. Said criteria may be adopted in the form of an adopted policy by the aforementioned bodies of Muske go government. Public Hearing The Council held the public hearing for this request at their Tuesday September 27th meeting. There was one homeowner that spoke at the hearing. Bob & Lizabeth Ruehle, who live at S63 W15592 College Avenue, stated that they wanted it to be known that they desire to maintain their property as commercial zoning. Upon review of the Zoning Map and 2020 Comprehensive Plan, the property is currently zoned RS-1 Suburban Residence District, not a commercial district. This has not recently changed. The 2020 Comprehensive Plan does identify this property for future Business Park uses. STAFF RECOMMENDATION PC 064-2016 Approval of Resolution PC 064-2016 RESOLUTION #P.C. 064-2016 RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR CARITY LAND CORPORATION FOR A PROPERTY LOCATED IN THE NE ¼ OF SECTION 3 (TAX KEY NO. 2169.999.009 / COLLEGE AVENUE) WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted by Carity Land Corporation for a property along College Avenue (Tax Key No. 2169.999.009), and WHEREAS, The rezoning request is to amend the existing B-3 General Business District to RS-2 Suburban Residence District per the rezoning submittal, and WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on September 27, 2016, and WHEREAS, The 2020 Comprehensive Plan identifies this area for business park uses and requires an amendment to medium density residential uses, and WHEREAS, The 2020 Comprehensive Plan is allowed to be changed by the Planning Commission and Common Council when it is deemed that the request has found that it is consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific development plans have been prepared with competent professional advice and guidance, and that the benefits and improved design of the resultant development justifies the variation from the normal requirements of the adopted Comprehensive Plan, and WHEREAS, The property is currently served by municipal sanitary sewer and private well. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from B-3 General Business District to RS-2 Suburban Residence District and approval of the 2020 Comprehensive Plan Amendment to Medium Density Residential for Carity Land Corporation for the property on College Ave. (Tax Key No. 2169.999.009). BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended in this instance as the proposed rezoning request is consistent to the spirit and intent of the City’s ordinances, is in conformity with the general plans for community development, and would not be contrary to the general welfare and economic prosperity of the City or of the immediate neighborhood. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 065-2016 For the meeting of: October 4, 2016 REQUEST: Conditional Use Grant - Reasonable Accommodations for the Disabled S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068 SW ¼ of Section 17 PETITIONER: 101 Mobility on behalf of Donald and Cathy Koehler INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 065-2016 Plans were submitted by 101 Mobility, on behalf of Donald and Cathy Koehler, to build a handicap access ramp within the front setback of their home located on Claire Bridge Court. A handicap access ramp is needed so that a member of the Koehler 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 065-2016 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-23 - Plum Creek 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 065-2016 As is stated above the Koehler 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 straight ramp off of the current front stoop. The Zoning for this district (PD-23) allows a 35 foot front setback. The ramp is proposed with a setback of approximately 30 feet. That is a five (5) foot waiver. The ramp is being designed to head towards the road rather than along the front of the house due to existing landscaping and existing sidewalk locations. 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 065-2016 Approval of Resolution # PC 065-2016, 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 restI070140 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 06 5-2016 Ko eh ler S8 4 W 196 78 Clair e Brid ge C t. 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 : 9 /2 6/2 0 16 RESOLUTION #P.C. 065-2016 APPROVAL OF A CONDITIONAL USE GRANT FOR A HANDICAP ACCESS RAMP WITHIN THE FRONT SETBACK LOCATED AT S84 W19678 CLAIRE BRIDGE CT (TAX KEY NO. 2227.068) WHEREAS, Plans were submitted by 101 Mobility, on behalf of Donald and Cathy Koehler, for a Conditional Use Grant for a handicap access ramp to be built within the front setback at the property located at S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068, and WHEREAS, Said property is currently zoned PD-23 Plum Creek 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 regulation 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 35 feet and the proposal (for the ramp) is seeking a setback of about 30 feet from the front lot line, and WHEREAS, The ramp is being designed to head towards the road rather than along the front of the house due to existing landscaping and existing sidewalk locations. 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 S84 W19678 Claire Bridge Ct. / Tax Key No. 2227.068. 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: October 4, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Discussion PC 070-2016 For the meeting of: October 4, 2016 REQUEST: Conceptual Review for Whorley Storage Hillendale Drive (Part of Lot 1 of CSM 11465) / Tax Key No. 2180.994.003 SE ¼ of Section 5 PETITIONER: Mark Whorley INTRODUCED: October 4, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 070-2016 The petitioner has submitted for conceptual review for a possible new mini-storage facility located along Hillendale Drive, behind Fox River Christian Church. This overall area recently received approvals for a new building for Starz Dance Academy and for a future office building, both on the southwest side of this overall property. The area now being discussed is on the eastern portion of the lot. The property that the applicant is looking to purchase and develop the mini-storage units on would be about 1.7 acres in size and would be on the southern portion of this eastern lot. The petitioner is requesting conceptual approval to get comments and direction from the Planning Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual review and to answer any questions. PLAN CONSISTENCY PC 070-2016 Comprehensive Plan: The 2020 Plan depicts the area for commercial uses. The proposed concept is consistent with the Plan, if approved. Zoning: The property is zoned B-2 – General Business District. Mini-storage uses are allowable in this district with the approval of a Conditional Use Grant (CUG). DISCUSSION PC 070-2016 The overall plan for the development on this lot would be to have a total of three mini-storage building on the lot, which would be built in three stages over a two-three year period. There would be a total of 58 units. The stages would include the following details: Stage 1  Construction of the entry driveway, located off the interior roadway system currently also used by Fox River Christian Church.  Construction of a 20’ x 200’ storage building. The building would be built on a conc rete slab with a colored brick structure, a steel substructure, and a green standing seem roof. The building would contain 20 units.  Construction a driveway on the east side of the building to access the doors of the storage units. Stage 2  Construction of a 40’ x 140’ storage building. The building would look the same as the other building. The building would contain 28 units.  Construction of a driveway around the entire building to access the doors of the storage units. Stage 3  Construction of a 35’ x 130’ storage building. The building would look the same as the other building. The building would contain 10 units.  Construction of a driveway on the west side of the building to access the doors of the storage units. The applicant has noted that Building 1 and 3 will enclose the site from the west and the east and fencing would be added to the north and south to further securing the site. There will be a sliding gate with keypad entry for access to the facility off the existing interior road system. Also, the applicant stated that all buildings will have electricity and Building 3 might contain a small office for the facility which would require sewer and water at that time. Lastly, the applicant noted that they would be adding some landscaping to further help the site look natural. A few items that the Plan Commission and/or the applicant may want to think about now or into the future are as follows:  Architectural details need to be developed so we can determine how this project would fit within the neighborhood and with the Racine Avenue Gateway Design Guide and the General Design Guide requirements.  Examination of any possible stormwater management requirements that may be required for this site.  Details relating to the exact site layout would need to be examined to make sure all driveways and fire lane/fire streets are at the proper required widths.  How the overall use may or may not affect the neighborhood, considering there are single -family homes along the street on Hillendale Drive and to the south of this development?  How items such as lighting, landscaping, signage, screening, etc. will be proposed/installed?  How will screening, landscaping, and any other concerns be addressed in between phases, before the full build out is completed?  Would there be any proposal for outdoor storage on the site, as that could require a different type of screening and/or more robust screening?  Since there is a portion of this site that is a former landfill, the owner should talk with the DNR relating to any concerns or conditions they may have relating to any development of this site. DIRECTION PC 070-2016 The petitioner will be present at the meeting to further explain the project and to answer any questions. No formal approval or denial will be given at this m eeting and no guarantees can be made. This conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would like to take the next step and eventually apply for the suggested review process, the comments received at this meeting must be addressed as part of the formal submittal. MUSK EG Othe City of Ar ea o f Inte restI0340680 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 Map#PC 070 -2 016 Wh orle y's Stor ag e Hillen da le D riv 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 : 9 /2 3/2 0 16