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Plan Commission Packet - 12/6/2016 CITY OF MUSKEGO PLAN COMMISSION AGENDA December 6, 2016 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE NOVEMBER 1, 2016 MEETING. PUBLIC HEARING Public Hearing for Pinnacle Peak Properties LLC requesting a Conditional Use Permit in accordance with the Muskego Zoning Ordinance for the purpose of allowing an assisted living facility (under the use of "Nursing homes, rest homes, and homes for all aged, including day cares") for the property located in the SW 1/4 of Section 16 (Tax Key 2223.999 / W182 S8320 Pioneer Drive). CONSENT BUSINESS Recommended for approval en gross. RESOLUTION #PC 074-2016 - Approval of an additional accessory structure for the Fagan property located in the SE 1/4 of Section 5 (Tax Key 2180.968 / S70 W19160 Wentland Drive). RESOLUTION #PC 075-2016 - Approval of a three lot Certified Survey Map for Hartford Land Development for the property located in the NW 1/4 of Section 15 (Woods Road / Tax Key 2218.990.008). NEW BUSINESS FOR CONSIDERATION 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.) 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 072-2016 - Approval of a Conditional Use Grant and Building, Site and Operation Plan for Pinnacle Peak Properties LLC for the property located in the SW 1/4 of Section 16 (Tax Key 2223.999 / W182 S8320 Pioneer Drive). #PC 073-2016 - Discussion of Conceptual Rezoning from B-4 Highway Business District to M-1 Light Industrial District for the property located in the SW 1/4 of Section 25 (Tax Key 2259.981 / North Cape Road). Plan Commission Agenda 2 December 6, 2016 MISCELLANEOUS BUSINESS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. Unapproved CITY OF MUSKEGO PLAN COMMISSION MINUTES November 1, 2016 5:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Kathy Chiaverotti called the meeting to order at 5:30 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Chiaverotti, Ald. Borgman, Commissioners Peardon and Bartlett, and Director Muenkel. Excused: Commissioners Bartlett, Fiedler and Jacques. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws on October 25, 2016. APPROVAL OF THE MINUTES OF THE OCTOBER 4, 2016 MEETING Alderman Borgman made a motion to approve the minutes of the October 4, 2016 meeting. Commissioner Peardon seconded. Motion Passed 4 in favor. CONSENT BUSINESS Recommended for approval en gross. RESOLUTION #PC 071-2016 - Approval of a Three Lot Certified Survey Map for the Haffner property located in the SW 1/4 of Section 26 (Tax Key No. 2263.998.004 / W151 S10282 Thode Drive). Commissioner Buckmaster made a motion to approve RESOLUTION #PC 071-2016 - Approval of a Three Lot Certified Survey Map for the Haffner property located in the SW 1/4 of Section 26 (Tax Key No. 2263.998.004 / W151 S10282 Thode Drive). Alderman Borgman seconded. Motion Passed 4 in favor. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn at 5:32 PM. Commissioner Peardon seconded. Motion Passed 4 in favor. Plan Commission Minutes 2 November 1, 2016 Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 072-2016 For the meeting of: December 6, 2016 REQUEST: Approval of a Conditional Use Grant and Building Site and Operation Plans for an Assisted Living Center Tax Key No. 2223.999 / W182 S8320 Pioneer Drive SW ¼ of Section 16 PETITIONER: Pinnacle Peak Properties LLC INTRODUCED: December 6, 2016 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 072-2016 Petitioners have submitted Building, Site and Operation Plans and a Conditional Use Grant request to construct a new assisted living center along Pioneer Drive. PLAN CONSISTENCY PC 072-2016 Comprehensive Plan: The 2020 Plan depicts the areas for High Density Residential uses. Such a density allows greater than three (3) units an acre. The proposal is consistent with the Plan and no amendments are necessary. However, zoning will require a conditional use grant. Zoning: The property is currently zoned RS-2 Suburban Residence District. The structure and site plan proposed conform to the bulk dimension requirements of the proposed district. However, the RS-2 district requires a conditional use grant approval from the Plan Commission for homes for the aged. More info on the rezoning is below. Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: All streets are dedicated to their ultimate widths. 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 to be served by public water service. The proposal is consistent with the Plan subject to Public Works approval of infrastructure plans to construct new water main along Janesville Road. Stormwater Management Plan: Stormwater management is required and is proposed on the frontage of the property. The proposal is consistent with the Plan. General Design Guide The General Design Guide governs this area. The proposed appears to meet the requirements of the guide well and this is discussed in more detail below. DISCUSSION PC 072-2016 Pinnacle Peak Properties LLC, or Caring Alternatives, are requesting BSO and CUG approvals for a new assisted living facility on Pioneer Drive. The overall request is to construct a 19,615 SF assisted housing facility (community residential based facility (CBRF) use) on the proposed 10.44 acre lot. The use will be operating on all three employee shifts with upwards of eight (8) employees on any one shift. Thirty-four (34) residents will be in the assisted living center at any one time within thirty (30) living units. Conditional Use Grant (CUG) A conditional use grant is required for any proposed home for the aged as per the requirements of the RCE zoning district which is a part of the RS-2 Suburban Residence District in the zoning code. Plan Commission will hold a public hearing at the next meeting to allow neighbors to discuss any concerns they may have. A CUG allows the Plan Commission to more formally implement restrictions on how the use conforms to the surrounding neighborhood if need be. Building, Site and Operation Plan Architecture The proposed building architecture contains four main facades with a varying degree of depths along with a mix of materials including brick veneer, hardi-plank siding, and dimensional asphalt shingles. As shown on the site plans the building will be largely un-viewable from the public with mainly the western façade being viewed from Pioneer Drive. The structure is proposed to be earth tone colors. This site is governed by the General Design Guide which calls for 50% masonry product s on a new structure. The facades measure out extremely close to the 50% mark per the following: north façade - 51%, south façade - 49%, east façade - 48%, & west façade - 49%. Given the location of the building set back in the lot from the right of way, the use of materials and the masonry requirement being fairly met, staff doesn’t have issue with the proposed architecture. Plan Commission may wish to discuss breaking up the rooflines more with some dormers or adding more masonry details. However, the resolution is written for approval as presented as of now. Site Plan, Access, and Parking The overall site has amenities around the proposed structure including landscaped pathways and an outdoor patio area. The structure is situated from west to east along the northwest corner of the parcel with one access from Pioneer Drive. The structure is proposed to be built b ack into the parcel so as not to have much presence along Pioneer Drive, and A total of twenty-one (21) exterior parking stalls are shown on the site plan and all parking stalls are shown as 10 feet by 20 feet. For a nursing home site within Muskego, parking codes mandate that there should be approximately 1 parking space for every three rooms plus space for each medical staff plus space for every three employees subject to Plan Commission. The developers state that at any one time there will be zero (0) to one (1) car for all thirty-four (34) residents along with no more than eight (8) employees at any one shift. The developers have indicated that they have similar built environments in surrounding communities and that the parking indicated meets the demand for their various shifts of medical staff and beds, and The parking lot is not shown to include curbing, however, the resolution mandates the curbing due to being a commercial type site. WHEREAS, All driving lanes are illustrated at twenty-five (25) feet in width where two-way traffic will exist and the proper markings are shown throughout the site. Fire Department Approval The site plan is subject to Fire Department approvals at the time of building permits in regards to fire lane widths and access points. Refuse Enclosure A dumpster enclosure is found on the eastern portion of the site and is shown to be landscaped and include a cedar fence enclosure. Landscaping A landscape plan has been submitted as part of the proposal and review is pendin g approval from the City Forester. The site is a vacant lot that has miscellaneous trees and shrub growth throughout and a wealth of landscaping is proposed around the foundations of the new structure and some trees are proposed along the north property line abutting the multi-family condo uses to the north. City codes require screening of at least four (4) feet in height when an off -street parking lot abuts a residential area subject to Plan Commission review. The resolution is written per the following t o ensure the city code for screening is followed: BE IT FURTHER RESOLVED, That a berm with heavier landscaping or a fence (board on board or PVC) with landscaping be found along the north property line abutting the residences to the north. Said berm or fencing shall run from the start of the parking stalls to the west to the eastern limits of the refuse enclosure to the east along the northern property line. The proposed screening shall be shown on the building permit documents and are to be approved by the Community Development Department. Wetlands Wetlands are found on site and the wetlands have been delineated by an assured WDNR wetland specialist. Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures and the proposal appears to meet these requirements. Signage Signage isn’t part of the submittal at this time. Sign permits will be required when desired. Lighting Specific light fixture details and a photometric plan are not found in the submittal. Any Exterior lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot-candles at a property line. Sewer, Water, Storm, Grading The development will be served by existing public sanitary sewer and water. Stormwater management is shown to occur on the eastern and southwestern portions of the site and is subject to engineering approval at the time of building permits. Other Misc Items in Resolution BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed on the site. BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage (temporary or permanent) can be installed and this includes any signage on the building. BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City Forester prior to the issuance of building permits. BE IT FURTHER RESOLVED, A final plat of survey will be required at the time of building permits to ensure the building setback is truly from the ultimate right-of-way boundary line. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Community Development Department. STAFF RECOMMENDATION PC 072-2016 Approval of Resolution PC 072-2016 MUSK EG Othe Ci ty of Ar ea o f Inte restI0280560 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 07 2-2016 Pin na cle Pe ak Prop er tie s W1 82 S83 20 Pio ne er 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 : 1 1/2 9 /2 0 1 6 RESOLUTION #P.C. 072-2016 APPROVAL OF A CONDITIONAL USE GRANT AND APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 16 (TAX KEY NO. 2223.999 / W182 S8320 PIONEER DRIVE) WHEREAS, Building, Site and Operation Plans and a Conditional Use Grant were submitted for the property located in the SW ¼ of Section 16 (Tax Key No. 2223.999 /W182 S8320 Pioneer Drive), and WHEREAS, The overall request is from Caring Alternatives (Pinnacle Peak Properties LLC) to construct a 19,615 SF assisted living facility (community residential based facility (CBRF) use) on the proposed 10.44 acre lot, and WHEREAS, The existing zoning district is RS-2 Suburban Residence District and a conditional use grant is required for any proposed hom e for the aged as per the requirements of the RCE zoning district, and WHEREAS, A Public Hearing for the conditional use grant was heard before the Plan Commission on December 6, 2016, and WHEREAS, The Comprehensive Plan has this parcel with split uses consisting of High Density Residential (> 3 units/acre) to the west along Pioneer Drive and Medium Density Residential (1 - 2.99 units/acre) to the east in the non-developable wetland areas, and WHEREAS, The 2020 Comprehensive Plan requires no amendments subject to allowing such a use via a conditional use grant from the city, and WHEREAS, The proposed structure meets the various zoning requirements for the RS-2 district including setbacks (40’), offsets (15’,20’), height (30’), and building floor area ratio (25%), and WHEREAS, The proposed structure has a 40’ front setback from the Pioneer Drive right-of-way, a 58.8’ offset from the north property line, and very large offsets from the east and south property lines where the overall land is encumbered by wetlands, and WHEREAS, The development proposed cannot be expanded on the 10 acre parcel due to the environmental lands to the east and south, and WHEREAS, There is no open space requirement for the building instead the open space is approved based on how the proposed structure meets the various design items before the Plan Commission in relation to parking, landscaping, stormwater, and how the proposed use fits with the surrounding neighborhood, and WHEREAS, The proposed use is for a community based residential facility consisting of approximately thirty (30) assisted living units, and WHEREAS, The facility would be licensed for up to 34 residents, and WHEREAS, The facility will employ about eight (8) employees during the day shifts and around four (4) to six (6) employees during the night shifts, and WHEREAS, There are no “dwelling units” per Muskego code as the proposed is assisted living housing facility where meals, housekeeping, activities, and varying levels of supportive nursing care are provided all subject to a conditional use grant before the city, and WHEREAS, The structure is situated from west to east along the northwest corner of the parcel with one access from Pioneer Drive, and WHEREAS, The structure is proposed to be built back into the parcel so as not to have much presence along Pioneer Drive, and WHEREAS, The materials of the structure include brick veneer, hardi-plank siding, and dimensional asphalt shingles, and WHEREAS, The structure is proposed to be earth tone colors, and WHEREAS, This site is governed by the General Design Guide which calls for 50% masonry product and the proposed structure facades measure out per the following: north façade - 51%, south façade - 49%, east façade - 48%, & west façade - 49%, and WHEREAS, The overall site has many amenities in and around the proposed structure including landscaped pathways and an outdoor patio area, and WHEREAS, A total of twenty-one (21) exterior parking stalls are shown on the site plan, and WHEREAS, For a nursing home site within Muskego parking codes mandate that there should be approximately 1 parking space for every three rooms plus space for each medical staff plus space for every three employees subject to Plan Commission, and WHEREAS, The developers state that at any one time there will be zero (0) to one (1) car for all thirty-four (34) residents along with no more than eight (8) employees at any one shift, and WHEREAS, The developers have indicated that they have similar built environments in surrounding communities and that the parking indicated meets the demand for their various shifts of medical staff and beds, and WHEREAS, All parking stalls all are shown as 10 feet by 20 feet, and WHEREAS, The parking lot is not shown to include curbing, and WHEREAS, All driving lanes are illustrated at twenty-five (25) feet in width where two-way traffic will exist and the proper markings are shown throughout the site, and WHEREAS, Fire Department review has taken place at a preliminary level and the development is subject to department review and changes for fire lanes and access before building permit approval, and WHEREAS, The primary access off of Pioneer Drive is also a shared access with a residential parcel to the northeast, and WHEREAS, A dumpster enclosure is proposed along the eastern portion of the site to be clad with cedar fencing, and WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending approval from the City Forester, and WHEREAS, The site is a vacant lot that has miscellaneous trees and shrub growth throughout, and WHEREAS, A wealth of landscaping is proposed around the foundations of the new structure and some trees are proposed along the north property line abutting the multi-family condo uses to the north, and WHEREAS, City codes require screening of at least four (4) feet in height when an off -street parking lot abuts a residential area subject to Plan Commission review, and WHEREAS, The parking lot shows more than ten stalls without a landscape island, and WHEREAS, Wetlands are found on site and the wetlands have been delineated by an assured WDNR wetland specialist, and WHEREAS, Wetland fill permits will be required before building permits can be issued for some minor wetland areas in the central portion of the development, and WHEREAS, Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures and these setbacks appear to have been met, and WHEREAS, Signage is not part of the submittal at this time, and WHEREAS, Specific light fixture details and a photometric plan are not found in the submittal, and WHEREAS, Any Exterior lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot-candles at a property line, and WHEREAS, The development will be served by existing public sanitary sewer and water, and WHEREAS, Stormwater management is shown to occur on the eastern and southwestern portions of the site and is subject to engineering approval at the time of building permits. THEREFORE BE IT RESOLVED, That the Plan Commission does approve of a Conditional Use Grant and Building, Site and Operation Plans for the property located in the SW ¼ of Section 16 (Tax Key No. 2223.999 /W182 S8320 Pioneer Drive). BE IT FURTHER RESOLVED, That public water will need to be extended to the development from the west along Pioneer Drive and that approval of plans and a possible developers agreement will be required via the city Public Works Department, and BE IT FURTHER RESOLVED, That a photometric plan and fixture details are required at the time of building permits and lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot- candles at a property line, and BE IT FURTHER RESOLVED, A proper shared access easement is required to be shown at the time of building permits for the residential parcel to the northeast, and BE IT FURTHER RESOLVED, That a berm with heavier landscaping or a fence (board on board or PVC) with landscaping be found along the north property line abutting the residences to the north. Said berm or fencing shall run from the start of the parking stalls to the west to the eastern limits of the refuse enclosure to the east along the northern property line. The proposed screening shall be shown on the building permit documents and are to be approved by the Community Development Department. BE IT FURTHER RESOLVED, That curbing of the parking lot is required. BE IT FURTHER RESOLVED, Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures. BE IT FURTHER RESOLVED, That the amount of parking is approved by the Planning Commission finding that the developer has accurately assessed their parking needs due to numerous similar projects in other surrounding communities. BE IT FURTHER RESOLVED, Fire Department review is still required and changes to access lanes for width may occur for approved fire lanes prior to building permit issuance. BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed on the site. BE IT FURTHER RESOLVED, Planning Commission approves of waiving the one landscape island for every 10 parking stalls given the small parking lot proposed. BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage (temporary or permanent) can be installed and this includes any signage on the building. BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City Forester prior to the issuance of building permits. BE IT FURTHER RESOLVED, A final plat of survey will be required at the time of building permits to ensure the building setback is truly from the ultimate right-of-way boundary line. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Community Development Department. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 074-2016 For the meeting of: December 6, 2016 REQUEST: Second Accessory Structure Tax Key No. 2180.968 / S70 W19160 Wentland Drive SE ¼ of Section 5 PETITIONER: Michael Fagan INTRODUCED: December 6, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 074-2016 The petitioner proposes to construct a 480 square foot (20’ x 24’) accessory structure on site. This building will be the second accessory structure on this lot. Plans are attached for your review. PLAN CONSISTENCY PC 074-2016 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 ERS-3 – Existing Suburban Residence District. Accessory structures totaling 1,048 square feet are permitted on the subject property. The current proposal measures 480 square feet in area. There is one other accessory structure that exists on the lot measuring 149 square feet. The grand total of all accessory structure square footage with the proposed accessory structure equals 629 square feet. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 074-2016 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 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 074-2016 Approval of Resolution #PC 074-2016 MUSK EG Othe Ci ty 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 07 4-2016 Mich ae l Fa ga n S7 0 W 191 60 W en tla nd 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 : 1 1/2 9 /2 0 1 6 RESOLUTION #P.C. 074-2016 APPROVAL OF AN ADDITIONAL ACCESSORY STRUCTURE FOR THE FAGAN PROPERTY LOCATED IN THE SE 1/4 OF SECTION 5 (TAX KEY NO. 2180.968 / S70 W19160 WENTLAND DRIVE) WHEREAS, A site plan and building drawings were submitted to construct an 480 square foot (20’ x 24’) accessory structure on the property located at S70 W19160 Wentland Drive (Tax Key No. 2180.968), and WHEREAS, The property is zoned ERS-3 – Existing Suburban 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 totaling approximately 149 square feet and a home residence currently reside on the property, and WHEREAS, The combined total of the two (2) accessory structures (one existing and one proposed) will be 629 square feet, which is within the allowed limit, and WHEREAS, The total square footage for accessory structures on this property is limited to 1,048 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 480 square foot accessory structure for the Fagan property located at S70 W19160 Wentland Drive (Tax Key No. 2180.968). 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: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 075-2016 For the meeting of: December 6, 2016 REQUEST: Three (3) Lot Land Division – Hartford Land Development Woods Road / Tax Key No. 2218.990.008 NW ¼ of Section 15 PETITIONER: Mike Kaerek on behalf of Hartford Land Development INTRODUCED: December 6, 2016 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 075-2016 The petitioner is proposing to divide one parcel by Certified Survey Map to create three (3) parcels. The property includes pieces of land on both the north and south sides of Woods Road. The CSM currently only includes the northern portion of this parcel and does not include a remnant lot which is located on the south side of Woods Road. The City’s Land Division Ordinance requires that any remnant parcels of less than 20 acres in size must be shown on a CSM. The proposed lots on the north side of Woods Road range in size from 18,054 sq. ft. to 20,520 sq. ft. PLAN CONSISTENCY PC 075-2016 Comprehensive Plan: The 2020 Plan depicts the area for medium density land uses. The proposal is consistent with the Plan. Zoning: The property north of Woods Road is currently zoned PD-35 Sarah Estates Planned Development District, which requires a minimum lot size of 18,039 square feet and average lot width of 100 feet. The property south of Woods Road was recently rezoned to a Planned Development District allowing multi-family uses (2-unit and 4-unit buildings). The proposal is consistent with the Plan. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park areas or conservation areas on the northern portion of this property and there is a limited area of low priority on the south portion of this property. The proposal is consistent with the Plan. Street System Plan: Any required right-of-way will be dedicated as required. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: All lots will be served by municipal sanitary sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: All lots will be served by municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted and reviewed for the northern lots before the CSM can be recorded. DISCUSSION PC 075-2016 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to occur that will need to be addressed before the CSM can be signed by the City and recorded. Some of the technical corrections are as follows:  The CSM must include the remnant parcel (south of Woods Road) since it is less than 20 acres in size, per the City’s Land Division Ordinance.  Soil borings must be conducted to determine the highest anticipated seasonal ground water level.  A grading plan must be submitted for this proposed division and pending said review of the grading plan, additional drainage easements may be required.  Access to these lots are only allowed off of Green Court, not Woods Road.  A 5’ Street Tree Easement is required along Green Court and a 30’ Landscape Easement is required along Woods Road. A Landscape Plan must be submitted for planting to be installed by the developer in the Street Tree and Landscape Easements.  All outbuildings must be removed from this property before the CSM can be recorded and they should not be shown on the CSM since they will be gone. 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 075-2016 Approval of Resolution PC 075-2016, contingent on all technical corrections being addressed. MUSK EG Othe Ci ty of Ar ea o f Inte restI0210420 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 07 5-2016 Ha rtfo rd L an d D ev elop men t Woo ds Ro ad J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 1 1/2 9 /2 0 1 6 RESOLUTION #P.C. 075-2016 APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR HARTFORD LAND DEVELOPMENT LOCATED IN THE NW ¼ OF SECTION 15 (TAX KEY NO. 2218.990.008 / WOODS ROAD) WHEREAS, A Certified Survey Map (CSM) was submitted by Hartford Land Development for a three (3) lot land division located in the NW ¼ of Section 15 (Tax Key No. 2218.990.008 / Woods Road), and WHEREAS, The property includes pieces of land on both the north and south sides of Woods Road, and WHEREAS, The CSM currently only includes the northern portion of this parcel, and WHEREAS, The proposed lots in this northern area range in size from 18,054 sq. ft. to 20,520 sq. ft., and WHEREAS, The CSM currently does not include a remnant lot which is located on the south side of Woods Road, and WHEREAS, The City’s Land Division Ordinance requires that any remnant parcels of less than 20 acres in size must be shown on a CSM, and WHEREAS, Said portion of the property north of Woods Road is currently zoned PD-35 Sarah Estates Planned Development District requiring minimum lot sizes of 18,039 square feet and an average minimum width of 100 feet, and WHEREAS, The portion of the property south of Woods Road was recently rezoned to a Planned Development District allowing multi-family uses (2-unit and 4-unit buildings), and WHEREAS, The portion of the property south of Woods Road will still need other future approvals for a separate land division for a future single-family lot and a Condominium Plat for the condo development, and WHEREAS, The 2020 Plan depicts the area for medium density land uses (and the proposal is consistent with the plan, and WHEREAS, All lots will be served by municipal sewer and water, and WHEREAS, There currently are three accessory structures that exist on the northern portion of this lot that need to be removed as part of this development. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Hartford Land Development LLC for a three (3) lot land division located in the NW ¼ of Section 15 (Tax Key No. 2218.990.008 / Woods Road), 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 the CSM must include the remnant parcel since it is less than 20 acres in size, per the City’s Land Division Ordinance. BE IT FURTHER RESOLVED, That a soil boring must be conducted to determine the highest antic ipated seasonal ground water level. BE IT FURTHER RESOLVED, That a grading plan must be submitted for this proposed division and pending said review of the grading plan, additional drainage easements may be required. BE IT FURTHER RESOLVED, That access to these lots are only allowed off of Green Court, not Woods Road. BE IT FURTHER RESOLVED, That a 5’ Street Tree Easement is required along Green Court and a 30’ Landscape Easement is required along Woods Road. Page 2 BE IT FURTHER RESOLVED, That a Landscape Plan must be submitted for planting to be installed by the developer in the Street Tree and Landscape Easements. BE IT FURTHER RESOLVED, That all outbuildings must be removed from this property before the CSM can be recorded and they should not be shown on the CSM since they will be gone. 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: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 063-2016 For the meeting of: December 6, 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: December 6, 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 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 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 November 22nd meeting where no one spoke against. 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 November 22, 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: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary Current Zoning Proposed Zoning Muskego Commence Center East, LLCMuskego Commence Center East, LLC Created By: City of Muskego September 21, 2016 BP-3 CI-1 RS-1 RS-1RS-3 BP-1 BP-3 B-3 Legend Affected Properties Zoning BP-3 CI-1 RS-1 RS-1RS-3 BP-1 BP-3 B-3 RS-2 Right-of-Way Structures Water BodyParcels Conservation Business Park Medium Density Res. 2020 Land Use M o o r l a n d R o a d Petitioner: Bill Carity Tax Key Number: 2169999009, 2166997001 College Ave Commerce Cntr Pkwy M o o r l a n d R o a d College Ave Commerce Cntr Pkwy City of Muskego Plan Commission Supplement PC 064-2016 For the meeting of: December 6, 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: December 6th, 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 utilized 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 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 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 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 November 22nd meeting where no one spoke against. 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 November 22, 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: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary Current Zoning Proposed Zoning Muskego Commence Center East, LLCMuskego Commence Center East, LLC Created By: City of Muskego September 21, 2016 BP-3 CI-1 RS-1 RS-1RS-3 BP-1 BP-3 B-3 Legend Affected Properties Zoning BP-3 CI-1 RS-1 RS-1RS-3 BP-1 BP-3 B-3 RS-2 Right-of-Way Structures Water BodyParcels Conservation Business Park Medium Density Res. 2020 Land Use M o o r l a n d R o a d Petitioner: Bill Carity Tax Key Number: 2169999009, 2166997001 College Ave Commerce Cntr Pkwy M o o r l a n d R o a d College Ave Commerce Cntr Pkwy City of Muskego Plan Commission Supplement PC 072-2016 For the meeting of: December 6, 2016 REQUEST: Approval of a Conditional Use Grant and Building Site and Operation Plans for an Assisted Living Center Tax Key No. 2223.999 / W182 S8320 Pioneer Drive SW ¼ of Section 16 PETITIONER: Pinnacle Peak Properties LLC INTRODUCED: December 6, 2016 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 072-2016 Petitioners have submitted Building, Site and Operation Plans and a Conditional Use Grant request to construct a new assisted living center along Pioneer Drive. PLAN CONSISTENCY PC 072-2016 Comprehensive Plan: The 2020 Plan depicts the areas for High Density Residential uses. Such a density allows greater than three (3) units an acre. The proposal is consistent with the Plan and no amendments are necessary. However, zoning will require a conditional use grant. Zoning: The property is currently zoned RS-2 Suburban Residence District. The structure and site plan proposed conform to the bulk dimension requirements of the proposed district. However, the RS-2 district requires a conditional use grant approval from the Plan Commission for homes for the aged. More info on the rezoning is below. Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: All streets are dedicated to their ultimate widths. 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 to be served by public water service. The proposal is consistent with the Plan subject to Public Works approval of infrastructure plans to construct new water main along Janesville Road. Stormwater Management Plan: Stormwater management is required and is proposed on the frontage of the property. The proposal is consistent with the Plan. General Design Guide The General Design Guide governs this area. The proposed appears to meet the requirements of the guide well and this is discussed in more detail below. DISCUSSION PC 072-2016 Pinnacle Peak Properties LLC, or Caring Alternatives, are requesting BSO and CUG approvals for a new assisted living facility on Pioneer Drive. The overall request is to construct a 19,615 SF assisted housing facility (community residential based facility (CBRF) use) on the proposed 10.44 acre lot. The use will be operating on all three employee shifts with upwards of eight (8) employees on any one shift. Thirty-four (34) residents will be in the assisted living center at any one time within thirty (30) living units. Conditional Use Grant (CUG) A conditional use grant is required for any proposed home for the aged as per the requirements of the RCE zoning district which is a part of the RS-2 Suburban Residence District in the zoning code. Plan Commission will hold a public hearing at the next meeting to allow neighbors to discuss any concerns they may have. A CUG allows the Plan Commission to more formally implement restrictions on how the use conforms to the surrounding neighborhood if need be. Building, Site and Operation Plan Architecture The proposed building architecture contains four main facades with a varying degree of depths along with a mix of materials including brick veneer, hardi-plank siding, and dimensional asphalt shingles. As shown on the site plans the building will be largely un-viewable from the public with mainly the western façade being viewed from Pioneer Drive. The structure is proposed to be earth tone colors. This site is governed by the General Design Guide which calls for 50% masonry product s on a new structure. The facades measure out extremely close to the 50% mark per the following: north façade - 51%, south façade - 49%, east façade - 48%, & west façade - 49%. Given the location of the building set back in the lot from the right of way, the use of materials and the masonry requirement being fairly met, staff doesn’t have issue with the proposed architecture. Plan Commission may wish to discuss breaking up the rooflines more with some dormers or adding more masonry details. However, the resolution is written for approval as presented as of now. Site Plan, Access, and Parking The overall site has amenities around the proposed structure including landscaped pathways and an outdoor patio area. The structure is situated from west to east along the northwest corner of the parcel with one access from Pioneer Drive. The structure is proposed to be built b ack into the parcel so as not to have much presence along Pioneer Drive, and A total of twenty-one (21) exterior parking stalls are shown on the site plan and all parking stalls are shown as 10 feet by 20 feet. For a nursing home site within Muskego, parking codes mandate that there should be approximately 1 parking space for every three rooms plus space for each medical staff plus space for every three employees subject to Plan Commission. The developers state that at any one time there will be zero (0) to one (1) car for all thirty-four (34) residents along with no more than eight (8) employees at any one shift. The developers have indicated that they have similar built environments in surrounding communities and that the parking indicated meets the demand for their various shifts of medical staff and beds, and The parking lot is not shown to include curbing, however, the resolution mandates the curbing due to being a commercial type site. WHEREAS, All driving lanes are illustrated at twenty-five (25) feet in width where two-way traffic will exist and the proper markings are shown throughout the site. Fire Department Approval The site plan is subject to Fire Department approvals at the time of building permits in regards to fire lane widths and access points. Refuse Enclosure A dumpster enclosure is found on the eastern portion of the site and is shown to be landscaped and include a cedar fence enclosure. Landscaping A landscape plan has been submitted as part of the proposal and review is pendin g approval from the City Forester. The site is a vacant lot that has miscellaneous trees and shrub growth throughout and a wealth of landscaping is proposed around the foundations of the new structure and some trees are proposed along the north property line abutting the multi-family condo uses to the north. City codes require screening of at least four (4) feet in height when an off -street parking lot abuts a residential area subject to Plan Commission review. The resolution is written per the following t o ensure the city code for screening is followed: BE IT FURTHER RESOLVED, That a berm with heavier landscaping or a fence (board on board or PVC) with landscaping be found along the north property line abutting the residences to the north. Said berm or fencing shall run from the start of the parking stalls to the west to the eastern limits of the refuse enclosure to the east along the northern property line. The proposed screening shall be shown on the building permit documents and are to be approved by the Community Development Department. Wetlands Wetlands are found on site and the wetlands have been delineated by an assured WDNR wetland specialist. Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures and the proposal appears to meet these requirements. Signage Signage isn’t part of the submittal at this time. Sign permits will be required when desired. Lighting Specific light fixture details and a photometric plan are not found in the submittal. Any Exterior lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot-candles at a property line. Sewer, Water, Storm, Grading The development will be served by existing public sanitary sewer and water. Stormwater management is shown to occur on the eastern and southwestern portions of the site and is subject to engineering approval at the time of building permits. Other Misc Items in Resolution BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed on the site. BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage (temporary or permanent) can be installed and this includes any signage on the building. BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City Forester prior to the issuance of building permits. BE IT FURTHER RESOLVED, A final plat of survey will be required at the time of building permits to ensure the building setback is truly from the ultimate right-of-way boundary line. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Community Development Department. STAFF RECOMMENDATION PC 072-2016 Approval of Resolution PC 072-2016 MUSK EG Othe Ci ty of Ar ea o f Inte restI0280560 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 07 2-2016 Pin na cle Pe ak Prop er tie s W1 82 S83 20 Pio ne er 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 : 1 1/2 9 /2 0 1 6 RESOLUTION #P.C. 072-2016 APPROVAL OF A CONDITIONAL USE GRANT AND APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 16 (TAX KEY NO. 2223.999 / W182 S8320 PIONEER DRIVE) WHEREAS, Building, Site and Operation Plans and a Conditional Use Grant were submitted for the property located in the SW ¼ of Section 16 (Tax Key No. 2223.999 /W182 S8320 Pioneer Drive), and WHEREAS, The overall request is from Caring Alternatives (Pinnacle Peak Properties LLC) to construct a 19,615 SF assisted living facility (community residential based facility (CBRF) use) on the proposed 10.44 acre lot, and WHEREAS, The existing zoning district is RS-2 Suburban Residence District and a conditional use grant is required for any proposed hom e for the aged as per the requirements of the RCE zoning district, and WHEREAS, A Public Hearing for the conditional use grant was heard before the Plan Commission on December 6, 2016, and WHEREAS, The Comprehensive Plan has this parcel with split uses consisting of High Density Residential (> 3 units/acre) to the west along Pioneer Drive and Medium Density Residential (1 - 2.99 units/acre) to the east in the non-developable wetland areas, and WHEREAS, The 2020 Comprehensive Plan requires no amendments subject to allowing such a use via a conditional use grant from the city, and WHEREAS, The proposed structure meets the various zoning requirements for the RS-2 district including setbacks (40’), offsets (15’,20’), height (30’), and building floor area ratio (25%), and WHEREAS, The proposed structure has a 40’ front setback from the Pioneer Drive right-of-way, a 58.8’ offset from the north property line, and very large offsets from the east and south property lines where the overall land is encumbered by wetlands, and WHEREAS, The development proposed cannot be expanded on the 10 acre parcel due to the environmental lands to the east and south, and WHEREAS, There is no open space requirement for the building instead the open space is approved based on how the proposed structure meets the various design items before the Plan Commission in relation to parking, landscaping, stormwater, and how the proposed use fits with the surrounding neighborhood, and WHEREAS, The proposed use is for a community based residential facility consisting of approximately thirty (30) assisted living units, and WHEREAS, The facility would be licensed for up to 34 residents, and WHEREAS, The facility will employ about eight (8) employees during the day shifts and around four (4) to six (6) employees during the night shifts, and WHEREAS, There are no “dwelling units” per Muskego code as the proposed is assisted living housing facility where meals, housekeeping, activities, and varying levels of supportive nursing care are provided all subject to a conditional use grant before the city, and WHEREAS, The structure is situated from west to east along the northwest corner of the parcel with one access from Pioneer Drive, and WHEREAS, The structure is proposed to be built back into the parcel so as not to have much presence along Pioneer Drive, and WHEREAS, The materials of the structure include brick veneer, hardi-plank siding, and dimensional asphalt shingles, and WHEREAS, The structure is proposed to be earth tone colors, and WHEREAS, This site is governed by the General Design Guide which calls for 50% masonry product and the proposed structure facades measure out per the following: north façade - 51%, south façade - 49%, east façade - 48%, & west façade - 49%, and WHEREAS, The overall site has many amenities in and around the proposed structure including landscaped pathways and an outdoor patio area, and WHEREAS, A total of twenty-one (21) exterior parking stalls are shown on the site plan, and WHEREAS, For a nursing home site within Muskego parking codes mandate that there should be approximately 1 parking space for every three rooms plus space for each medical staff plus space for every three employees subject to Plan Commission, and WHEREAS, The developers state that at any one time there will be zero (0) to one (1) car for all thirty-four (34) residents along with no more than eight (8) employees at any one shift, and WHEREAS, The developers have indicated that they have similar built environments in surrounding communities and that the parking indicated meets the demand for their various shifts of medical staff and beds, and WHEREAS, All parking stalls all are shown as 10 feet by 20 feet, and WHEREAS, The parking lot is not shown to include curbing, and WHEREAS, All driving lanes are illustrated at twenty-five (25) feet in width where two-way traffic will exist and the proper markings are shown throughout the site, and WHEREAS, Fire Department review has taken place at a preliminary level and the development is subject to department review and changes for fire lanes and access before building permit approval, and WHEREAS, The primary access off of Pioneer Drive is also a shared access with a residential parcel to the northeast, and WHEREAS, A dumpster enclosure is proposed along the eastern portion of the site to be clad with cedar fencing, and WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending approval from the City Forester, and WHEREAS, The site is a vacant lot that has miscellaneous trees and shrub growth throughout, and WHEREAS, A wealth of landscaping is proposed around the foundations of the new structure and some trees are proposed along the north property line abutting the multi-family condo uses to the north, and WHEREAS, City codes require screening of at least four (4) feet in height when an off -street parking lot abuts a residential area subject to Plan Commission review, and WHEREAS, The parking lot shows more than ten stalls without a landscape island, and WHEREAS, Wetlands are found on site and the wetlands have been delineated by an assured WDNR wetland specialist, and WHEREAS, Wetland fill permits will be required before building permits can be issued for some minor wetland areas in the central portion of the development, and WHEREAS, Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures and these setbacks appear to have been met, and WHEREAS, Signage is not part of the submittal at this time, and WHEREAS, Specific light fixture details and a photometric plan are not found in the submittal, and WHEREAS, Any Exterior lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot-candles at a property line, and WHEREAS, The development will be served by existing public sanitary sewer and water, and WHEREAS, Stormwater management is shown to occur on the eastern and southwestern portions of the site and is subject to engineering approval at the time of building permits. THEREFORE BE IT RESOLVED, That the Plan Commission does approve of a Conditional Use Grant and Building, Site and Operation Plans for the property located in the SW ¼ of Section 16 (Tax Key No. 2223.999 /W182 S8320 Pioneer Drive). BE IT FURTHER RESOLVED, That public water will need to be extended to the development from the west along Pioneer Drive and that approval of plans and a possible developers agreement will be required via the city Public Works Department, and BE IT FURTHER RESOLVED, That a photometric plan and fixture details are required at the time of building permits and lighting is subject to be zero degree cutoff fixtures, pole lights of no more than 15 feet with a 6” concrete base, shielding from any property lines, and no more than 0.5 foot- candles at a property line, and BE IT FURTHER RESOLVED, A proper shared access easement is required to be shown at the time of building permits for the residential parcel to the northeast, and BE IT FURTHER RESOLVED, That a berm with heavier landscaping or a fence (board on board or PVC) with landscaping be found along the north property line abutting the residences to the north. Said berm or fencing shall run from the start of the parking stalls to the west to the eastern limits of the refuse enclosure to the east along the northern property line. The proposed screening shall be shown on the building permit documents and are to be approved by the Community Development Department. BE IT FURTHER RESOLVED, That curbing of the parking lot is required. BE IT FURTHER RESOLVED, Wetlands in the City of Muskego have a 15-foot setback for hard surfaces and structures. BE IT FURTHER RESOLVED, That the amount of parking is approved by the Planning Commission finding that the developer has accurately assessed their parking needs due to numerous similar projects in other surrounding communities. BE IT FURTHER RESOLVED, Fire Department review is still required and changes to access lanes for width may occur for approved fire lanes prior to building permit issuance. BE IT FURTHER RESOLVED, That no outdoor storage of materials and/or equipment is allowed on the site. BE IT FURTHER RESOLVED, Planning Commission approves of waiving the one landscape island for every 10 parking stalls given the small parking lot proposed. BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage (temporary or permanent) can be installed and this includes any signage on the building. BE IT FURTHER RESOLVED, A final landscape plan will need to be approved by the City Forester prior to the issuance of building permits. BE IT FURTHER RESOLVED, A final plat of survey will be required at the time of building permits to ensure the building setback is truly from the ultimate right-of-way boundary line. BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Community Development Department. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: December 6, 2016 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 073-2016 For the meeting of: December 6, 2016 REQUEST: Conceptual Rezoning Tax Key No. 2259.981 (Portion of the lot east of North Cape Road) SW ¼ of Section 25 PETITIONER: Doug Meinen INTRODUCED: December 6, 2016 LAST AGENDA: NA PREPARED BY: Adam Trzebiatowski BACKGROUND PC 073-2016 The petitioner has submitted a conceptual rezoning for discussion on a future business/industrial use at this location along North Cape Road. The petitioner is requesting conceptual approval to get comments from the Planning Commission regarding the proposal. The petitioner will be present at the meeting to further expla in the rezoning and to answer any questions. PLAN CONSISTENCY PC 073-2016 Comprehensive Plan: The 2020 Plan currently depicts the area for Business uses. For the proposed use a change to Industrial would be needed. There are lands just to the southwest of this area that are currently planned for possible future Industrial uses. Zoning: The property is zoned B-4 Highway Business District which allows a variety of commercial/business uses. Based on their business operations, an Industrial zoning would be more appropriate for their use, mostly due to their trucking operations. A rezoning to M-1 (Light Industrial District) would appear to be the best fit for the proposed use. Park and Conservation Plan: No acquisitions or conservation priorities are noted in this area. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: It appears that public sanitary sewer is available in the general area. Further review would need to occur to see if/how the sanitary sewer would be connected to. Water Capacity Assessment District: The property would be served by a private water well. Stormwater Management Plan: Stormwater management would need to be examined for this site in relation to stormwater quality and stormwater quantity. DISCUSSION PC 073-2016 The proposed conceptual rezoning is located along the east side of North Cape Road (US Hwy. 45) about 400 feet south of Loomis Drive. The property is located just south of the mini-storage units owned by George Alex and Robert Jacob. The applicant is looking to build a new shop and storage facility for their business and possible rental space on the site. Their business is EMC Foundations Inc., otherwise known as EMC Homes and EM Corp. They are a local family run foundation company. Their business operations would include office operations, the storage of trucks and equipment, and the coming and going of said trucks to/from job sites. The trucks do not typically operate all day long but rather during 1st shift times. They typically leave in the morning and come back in the afternoons/evenings. The applicant’s narrative is attached and a conceptual site plan is also included. As noted above, a rezoning would be required for such a development to M-1 (Light Industrial District). Based on their business operations, an Industrial zoning would be mo st appropriate for their use, mostly due to their trucking operations. Given the location of this site along a state highway that is already heavily used by trucks, the proposed use and trucking from this site does not appear to be in conflict with surrounding uses. As part of the proposed development of this site a new building would be built. The applicants are aware this property is located within the Durham Hill Design Guide area and as such would need to meet the architectural guidelines listed in that design guide. Per the applicant, the site would also contain some areas of outdoor storage for the concrete forms used by the business. Any outdoor storage and/or commercial vehicle would most likely need to be screened from surrounding views. Lastly, since the land in which this use is proposed is part of a larger lot, a Certified Survey Map (CSM) is needed to split this land from the other larger remnant portion located across the street. This would need to happen before the applicant could take ownership of the lot. DIRECTION PC 073-2016 As stated before, 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 meeting 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 steps and eventually apply for a formal rezoning, a land division (CSM), and a Building, Site, & Operation (BSO) Plan, the comments received at this meeting must be addressed as part of those submittal(s). Given the location along a State Highway and the lack of surrounding neighbor impacts, staff doesn’t see much issue here, subject to a future BSO approval and Rezoning Public Hearing. Some items the Plan Commission may want to comment on and/or discuss: -Thoughts on a Rezoning and 2020 Comp Plan amendments allowing light industrial uses in this area -Thoughts from area Alderman -Any trucking concerns -Any screened outdoor storage concerns -Architectural suggestions relating to the Durham Hill Design Guide MUSK EG Othe Ci ty of Ar ea o f Inte restI0200400 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 073 -2 016 Do ug Me ine n No rth C ape Ro ad J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 1 1/2 9 /2 0 1 6