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Plan Commission Packet - 2/7/2017 CITY OF MUSKEGO PLAN COMMISSION AGENDA February 7, 2017 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 JANUARY 3, 2017 MEETING CONSENT BUSINESS Recommended for approval en gross. RESOLUTION PC 006-2017 - Approval of a One Lot Certified Survey Map for the Bohrer property located in the NW 1/4 of Section 4 (Tax Key 2174.930 / Muskego Drive). RESOLUTION #PC 011-2017 - Approval of a Two Lot Certified Survey Map for the Simpson property located in the SE 1/4 of Section 12 (Tax Key 2208.997.001 / S76 W12677 McShane Drive). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 007-2017 - Recommendation of Approval of a Final Plat for the Edgewater Heights Subdivision located in the NW & NE 1/4 of Section 21 (Tax Key 2241.999.005 / Woods Road & Racine Ave). RESOLUTION #PC 008-2017 - Approval of a Mother-In-Law Unit for the Tutkowski property located in the NE 1/4 of Section 1 (Tax Key 2161.043 / S63 W12861 Emerson Drive). #PC 009-2017 - Discussion of a Conceptual Two Lot Land Division for the Honeck property located in the NW 1/4 of Section 34 (Tax Key 2294.999 / S106 W16480 Loomis Road). RESOLUTION #PC 012-2017 - Approval of a Two Lot Certified Survey Map for Hartford Land Development and Condo Plat for the Glen at Pellmann Farms located in the NW 1/4 of Section 15 (2218.990.008 / Woods Road). #PC 013-2017 - Discussion of a Conceptual Conditional Use Grant for Laura Rauman / Bloom360 Learning Community for the property located in the SW 1/4 of Section 21 (Tax Key 2243.997.003 / W186 S8159 Racine Ave). MISCELLANEOUS BUSINESS ADJOURNMENT Plan Commission Agenda 2 February 7, 2017 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 January 3, 2017 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Kathy Chiaverotti called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Chiaverotti, Ald. Borgman, Commissioners Peardon, Fiedler, Jacques, Bartlett and Buckmaster and Planner Trzebiatowski. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws on December 29, 2016. APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2016 MEETING Commissioner Jacques made a motion to approve the minutes of the December 6, 2016 meeting. Alderman Borgman seconded. Motion Passed 7 in favor. CONSENT BUSINESS RESOLUTION #PC 005-2017 - Recommendation to Common Council to Vacate the Right of Way south of Woods Road located in the NW 1/4 of Section 21 (between Tax Key Nos. 2242.985 and 2242.986 / Woods Road). Commissioner Buckmaster made a motion to approve RESOLUTION #PC 005-2017 - Recommendation to Common Council to Vacate the Right of Way south of Woods Road located in the NW 1/4 of Section 21 (between Tax Key Nos. 2242.985 and 2242.986 / Woods Road). Commissioner Fiedler seconded. Motion Passed 7 in favor. NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 001-2017 - Approval of a Building, Site and Operation Plan for Muskego Middle School located in the NE 1/4 of Section 13 (Tax Key No. 2209.999 / W124 S8009 North Cape Road). Commissioner Buckmaster stated he would be abstaining from discussion and voting due to his position on the school board. Commissioner Jacques made a motion to approve RESOLUTION #PC 001-2017 - Approval of a Building, Site and Operation Plan for Muskego Middle School located in Plan Commission Minutes 2 January 3, 2017 the NE 1/4 of Section 13 (Tax Key No. 2209.999 / W124 S8009 North Cape Road). Alderman Borgman seconded. Residents who spoke: Kristen Lavenhagen, S81 W12736 Hi View Drive - concerned with traffic noise Commissioner Fiedler made a motion to amend RESOLUTION #PC 001-2017 to add: BE IT FURTHER RESOLVED, Trees shown on the landscape plan must be extended to the west along the south lot line to buffer the parking lot from the existing lots to the south. Alderman Borgman seconded. Motion to Amend RESOLUTION #PC 001-2017 Passed 6-0-1. Commissioner Buckmaster abstained. Motion to Approve Amended RESOLUTION #PC 001-2017 Passed 6-0-1. Commissioner Buckmaster abstained. RESOLUTION #PC 002-2017- Approval of a Building, Site and Operation Plan Amendment for Mill Valley Elementary School located in the NE 1/4 of Section 13 (Tax Key 2177.931 / W191 S6445 Hillendale Drive). Commissioner Buckmaster stated he would be abstaining from discussion and voting due to his position on the school board. Commissioner Fiedler left the meeting at 6:43 PM. Commissioner Jacques made a motion to approve RESOLUTION #PC 002-2017- Approval of a Building, Site and Operation Plan Amendment for Mill Valley Elementary School located in the NE 1/4 of Section 13 (Tax Key 2177.931 / W191 S6445 Hillendale Drive). Commissioner Bartlett seconded. Residents who spoke: Jim Ross, W192 S6568 Hillendale Drive - concerned with drainage from school property Motion to Approve Resolution #PC 002-2017 Passed 5-0-1. Commissioner Buckmaster abstained. RESOLUTION #PC 003-2017- Approval of a Building, Site and Operation Plan Amendment for St. Leonard Congregation located in the SE 1/4 of Section 9 (Tax Key No. 2196.945 / W173 S7743 Westwood Drive). Commissioner Jacques made a motion to approve RESOLUTION #PC 003-2017- Approval of a Building, Site and Operation Plan Amendment for St. Leonard Congregation located in the SE 1/4 of Section 9 (Tax Key No. 2196.945 / W173 S7743 Westwood Drive). Commissioner Bartlett seconded. Motion Passed 6 in favor. RESOLUTION #PC 004-2017 - Approval of a Building, Site and Operation Plan for the Glen at Pellmann Farm located in the NE 1/4 of Section 13 (Woods Road / Tax Key No. 2218.990.008). Commissioner Jacques made a motion to approve RESOLUTION #PC 004-2017 - Plan Commission Minutes 3 January 3, 2017 Approval of a Building, Site and Operation Plan for the Glen at Pellmann Farm located in the NE 1/4 of Section 13 (Woods Road / Tax Key No. 2218.990.008). Commissioner Buckmaster seconded. Motion Passed 6 in favor. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Jacques made a motion to adjourn at 7:02 PM. Commissioner Buckmaster seconded. Motion Passed 6 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 006-2017 For the meeting of: February 7, 2017 REQUEST: One (1) Lot Land Clarification via Certified Survey Map (CSM) Muskego Drive (Vacant Lot) / Tax Key No. 2174.930 NW ¼ of Section 4 PETITIONER: Chaput Land Surveys INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 006-2017 The petitioner is proposing to clarify the lot boundaries of an existing vacant lot on the east shore of Little Muskego Lake via a Certified Survey Map. The lot is 8,067 square feet in area. PLAN CONSISTENCY PC 006-2017 Comprehensive Plan: The 2020 Plan depicts the area for medium density land uses. The proposal is consistent with the Plan. Zoning: The property is currently zoned RL-3 Lakeshore Residence District, which normally requires a minimum lot size of 15,000 square feet and average lot width of 100 feet for new divisions. In this case the lot is not actually being divided or reduced in size, the existing zoning requirements relating to width and area do not come into play since this is an existing lot of record that is having its boundaries clarified . The proposal is consistent with the Plan since the lot is not being split or reduced in size. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park areas or conservation areas on this property. The proposal is consistent with the Plan. Street System Plan: Right-of-way is being dedicated as required. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot will be served by municipal sanitary sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: The lot will be served by a private water well. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted at the time building permits are submitted. DISCUSSION PC 006-2017 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to occur that will need to be addressed before the CSM can be signed by the City and recorded. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 006-2017 Approval of Resolution PC 006-2017 MUSK EG Othe Ci ty of Ar ea o f Inte restI04080 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 00 6-2017 Bo hr erMuskego 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 : 1 /1 9/2 0 17 RESOLUTION #P.C. 006-2017 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE BOHRER PROPERTY LOCATED IN THE NW ¼ OF SECTION 4 (TAX KEY NO. 2174.930 / MUSKEGO DRIVE) WHEREAS, A Certified Survey Map (CSM) was submitted by Chaput Land Survey for the Bohrer property for a one (1) lot land clarification located in the NW ¼ of Section 4 (Tax Key No. 2174.930 / Muskego Drive), and WHEREAS, The proposed CSM is being done to clarify the lot boundaries of an existing vacant lot on the east shore of Little Muskego Lake, and WHEREAS, The proposed lot is 8,067 sq. ft. in area, and WHEREAS, The zoning for this lot is RL-3 Lakeshore Residence District, and WHEREAS, The 2020 Plan depicts the area for medium density land uses, and WHEREAS, Since the lot is not actually being divided or reduced in size, the existing zoning requirements relating to width and area do not come into play since this is an existing lot of record that is having its boundaries clarified, and WHEREAS, The lot will be served by municipal sewer and a private water well. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Chaput Land Surveys for the Bohrer property for a one (1) lot land division located in the NW ¼ of Section 4 (Tax Key No. 2174.930 / Muskego Drive), subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: February 7, 2017 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 011-2017 For the meeting of: February 7, 2017 REQUEST: Two (2) Lot Land Division S76 W12677 McShane Drive / Tax Key No. 2208.997.001 SE ¼ of Section 12 PETITIONER: David Simpson INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 011-2017 The petitioner is proposing to divide one parcel to create two lots by Certified Survey Map. The proposed lots range in size from 23,295.29 sq. ft. (0.535 acres) to 113,771.74 sq. ft. (2.612 acres). PLAN CONSISTENCY PC 011-2017 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land uses. The proposal is consistent with the Plan. Zoning: The property is currently zoned RS-2 Suburban Residence District, which requires a minimum lot size of 20,000 square feet and average lot width of 110 feet. 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 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: Lot 1 will be served by municipal water and Lot 2 will continue to be served by a private water well. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted and reviewed before any construction can occur on Lot 1. DISCUSSION PC 011-2017 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:  Soil borings must be conducted to determine the highest anticipated seasonal ground water level.  A “no access” restriction needs to be placed on the portion of Lot 2 that fronts McShane Drive since this portion of the lot does not meet the typical frontage requirement. If this portion of the lot is every included in any future divisions, then said access restric tion can be re-considered at that time. 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 011-2017 Approval of Resolution PC 011-2017, 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 011-201 7 Da vid Simp so n S7 6 W 126 77 M cSh ane 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 : 1 /2 3/2 0 17 RESOLUTION #P.C. 011-2017 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE SIMPSON PROPERTY LOCATED IN THE SE ¼ OF SECTION 12 (TAX KEY NO. 2208.997.001 / S76 W12677 MCSHANE DRIVE) WHEREAS, A Certified Survey Map (CSM) was submitted by David Simpson for a two (2) lot land division located in the SE ¼ of Section 12 (Tax Key No. 2208.997.001 / S76 W12677 McShane Drive), and WHEREAS, The proposed lots range in size from 23,295.29 sq. ft. (0.535 acres) to 113,771.74 sq. ft. (2.612 acres), and WHEREAS, The property is currently RS-2 Suburban Residence District requiring minimum lot sizes of 20,000 square feet and an average minimum width of 110 feet, and WHEREAS, The 2020 Plan depicts the area for medium density residential land uses and the proposal is consistent with the plan, and WHEREAS, All lots will be served by municipal sewer and Lot 1 will be serviced municipal water and Lot 2 by an existing private water well, and WHEREAS, There currently is a house and three accessory structures that exist on what will be Lot 2. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by David Simpson for a two (2) lot land division located in the SE ¼ of Section 12 (Tax Key No. 2208.997.001 / S76 W12677 McShane 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 soil boring must be conducted to determine the highest anticipated seasonal ground water level. BE IT FURTHER RESOLVED, That a “no access” restriction must be shown and noted on the CSM for the area of Lot 2 that fronts McShane Drive. 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: February 7, 2017 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 007-2017 For the meeting of: February 7, 2017 REQUEST: Approval of a Final Plat – Edgewater Heights Woods Road & Racine Avenue / Tax Key No. 2241.999.005 NW & NE ¼ of Section 21 PETITIONER: Neumann Companies INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 007-2017 The petitioner has submitted the Final Plat for the Edgewater Heights subdivision. The rezoning for this subdivision was granted by the Common Council under Ordinance #1404 on April 12, 2016. The Preliminary Plat for this development was approved for 37 single-family lots and 4 outlots in mid-2016. As the plans for this development progressed, the northern section of this development was only built at this time. With that being the case, this Final Plat includes the first 20 lots and 4 outlots located on the northern cul-de-sac of this development. The rest of this subdivision will be part of a second future Final Plat. PLAN CONSISTENCY PC 007-2017 Comprehensive Plan: The 2020 Plan depicts the properties for low-density residential development (densities of 0.5 – 0.99 units per acre). The proposal is consistent with the plan and no amendments to the plan are required as densities of .79 units/acre are proposed. Zoning: The property was recently rezoned to a Conservation Planned Development District - CPD-6 Edgewater Heights (allowing parcels no less than 18,000 square feet in area and 100 feet in minimum average width) and SW Shoreland Wetland District. The SW zoning covers all wetlands on site. The proposal is consistent with the approved rezoning. Park and Conservation Plan: The Park and Conservation Plan identify portions of this lot as medium conservation priority. These areas contain wetlands which are mostly located within Outlot 2. Also, this development is shown as being located within the Big Muskego Wildlife Area, which further encourages a conservation type development in this area. Street System Plan: All road right-of-ways are proposed to be dedicated to the proper widths. Adopted 208 Sanitary Sewer Service Area: The property is within the sewer service area. The parcels will be served by municipal sewer. Water Capacity Assessment District: The lots will be serviced by municipal water. The plat is consistent with the Plan. STAFF DISCUSSION PC 007-2017 History The original petition for this property was from Alesci Homes back in 2006-2008. At that time an RS-2 zoned subdivision was proposed looking for lots at 20,000 SF and 110’ in width throughout the property. The petitioner found that they could develop about 57 single family lots then. The rezoning process ended up allowing an RSE zoning which allowed lots at 40,000 SF and 150’ in width. This reduction in density was agreed upon due to the environmental lands in the area. The Council and Plan Commission approved a preliminary plat in 2008 under the RSE zoning and a total of 34 lots were found at the time. No further development came forward for this parcel after the preliminary plat as the developer backed out during the housing crash. Then, Neumann Companies took over the development and in early 2016 they recei ved a rezoning from RSE and SW to CPD-6 Edgewater Heights (Conservation Planned Development District) and SW. Based on that rezoning, they then submitted a Preliminary Plat proposal that showed the 55.6 acre parcel being subdivided per the City’s Conservation Subdivision land division ordinances. They developed a yield plan that was derived under the existing zoning of RSE and showed that a total of 34 lots might be found. Using this base density the proposed conservation preliminary plat showed 37 lots laid out in a fashion that preserves about 51.5% of the main subdivision acreage as open space. The narrative provided notes that the petitioner will remediate and manage the conservation open spaces of the plat in order to be allowed bonus parcels. In this case the developers asked for a total of three (3) bonus parcels for their preservation of 50% of the land, the proposed addition of pathways throughout the conservation development, and their proposed remediation/management of the conservation lands. The 37 lots create a density of .79 units/acre which is well in line with the City’s Comprehensive Plan density of “Low Density Residential” of .5-.99 units/acre. The preliminary plat allowed lots as low as 18,000 SF in area with a minimum average width of 100 feet. Current Final Plat As is noted above, only the northern section of this development was built and platted as part of the Final Plat. The Final Plat includes the first 20 lots and 4 outlots located on the northern cul-de-sac of this development. The rest of this subdivision will be part of a second future Final Plat. Outlot 1 is set aside for the next phase of this plat, including the 17 remaining lots from the Preliminary Plat. Outlot 2 is for permanent open space preservation, wetland protection, and stormwater management. Outlots 3 & 4 are not counted as open space given they could be for possible future sale or division. There are technical corrections/updates that exist and the Resolution is drafted to allow approval subject to these technical corrections being addressed before the final plat can be recorded. STAFF RECOMMENDATION PC 007-2017 Approval of Resolution #PC 007-2017 Stormwater Management Plan: Stormwater is shown to be accommodated in the outlots in the development. MUSK EG Othe Ci ty of Ar ea o f Inte restI06401,280 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 00 7-2017 Ed ge wa te r H eig hts Sub div isionWoods Ro ad & Ra c ine 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 : 1 /1 9/2 0 17 RESOLUTION #P.C. 007-2017 APPROVAL OF A FINAL PLAT FOR THE EDGEWATER HEIGHTS SUBDIVISION LOCATED IN THE NW & NE ¼ OF SECTION 21 (TAX KEY NUMBER 2241.999.005 / WOODS ROAD & RACINE AVENUE) WHEREAS, A final plat was submitted by Neumann Companies for the Edgewater Heights Subdivision located in the NW & NE ¼ of Section 21, and WHEREAS, Previous preliminary plat approvals took place in 2008 under a different developer for this property using conventional subdivision principals, but since that time the previous developer decided not to proceed with the project, and WHEREAS, Neumann Companies took over this development in 2016 and at that time received approvals for a rezoning and preliminary plat for development of a conservation subdivision consisting of 37 single-family lots and 4 outlots, and WHEREAS, The rezoning for this development was granted by the Common Council under Ordinance #1404 on April 12, 2016, and WHEREAS, The preliminary plat was approved by the Plan Commission on May 3, 2016 under Resolution PC 028-2016 and the Common Council on May 10, 2016 under Resolution #035-2016, and WHEREAS, The developer has decided to break the development into two phases when the northern cul-de-sac is phase one and the south cul-de-sac will be phase two, and WHEREAS, This final plat is for phase one which includes the first 20 lots and 4 outlots, and WHEREAS, Outlot 1 is being reserved for the second phase of this development for the additional 17 lots, and WHEREAS, Outlot 2 is for permanent open space preservation, wetland protection, and stormwater management, and WHEREAS, Outlots 3 & 4 are stated as being retained by the developer for potential future sale or division, and WHEREAS, The CPD - Planned Development District for this plat allows lot sizes as low as 18,000 SF in area and minimum average widths of at least 100 feet, and WHEREAS, The 2020 Comprehensive Plan has the area as Low Density Residential and the proposal meets this requirement under the Conservation Planned Development zoning previously approved, and WHEREAS, The development will be serviced by City sewer and City water. THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council of a Final Plat for the Edgewater Heights Subdivision, located in the NW & NE ¼ of Section 21, subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14 of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That all wetlands on private lots or close to borders of private lots should be lined with split rail fences. BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit must be approved by the Council and all subdivision improvements made and accepted before any Final Plat approvals can be allowed. BE IT FURTHER RESOLVED, That a digital file of this Plat 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: February 7, 2017 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 008-2017 For the meeting of: February 7, 2017 REQUEST: Approval of a Mother-in-Law/Family Unit Tax Key No. 2161.043 / S63 W12861 Emerson Drive NE ¼ of Section 1 PETITIONER: Judith M. Tutkowski INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 008-2017 The petitioner is proposing to construct a mother-in-law/family unit within an existing portion of their daughter’s home that currently contains an indoor pool. The pool area will be converted to this new living space. Mother-in-law/family units are allowed as a permitted accessory use in residential zonings subject to certain conditions. STAFF DISCUSSION PC 008-2017 As stated, mother-in-law/family units are allowed as a permitted accessory use in residential zonings subject to the following conditions: Mother-in-Law/Family Units: Any portion of a single family residence, intended to be occupied by a resident(s) related through blood , marriage or adoption to a host residence occupant, being no greater than 800 square feet in size, that has an independent wing or area that is self-supporting in terms of livable needs (i.e. unit includes a kitchen, bath, den and bedroom), but is depende nt on utility infrastructure of the primary residence. Access to this wing or area may be obtained via one door to the outside and a second non-lockable door or passage way to the main portion of the host residence. Access is permitted to a garage area having no service door. All such requests are subject to building, site, and operational plan approval of the Plan Commission following written notice being distributed by the Plan Commission to neighboring property owners within 100 feet of the subject property. The petitioned mother-in-law/family unit shows that it will be used by related persons to the family, will be self-supporting in livable needs and will have a passage to the main residence and a door to the outside. The area defined by the owners as the mother-in-law/family unit is 797.47 square feet in size. The proposal meets all of the code requirements. STAFF RECOMMENDATION PC 008-2017 Approval of Resolution # PC 008-2017 MUSK EG Othe Ci ty of Ar ea o f Inte restI0110220 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 00 8-2017 Tu tkowskiS63 W 128 61 Eme rson 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 : 1 /1 9/2 0 17 RESOLUTION #P.C. 008-2017 APPROVAL OF A MOTHER-IN-LAW /FAMILY UNIT FOR THE TUTKOWSKI PROPERTY LOCATED IN THE NE ¼ OF SECTION 1 (TAX KEY NO. 2161.043 / S63 W 12861 EMERSON DRIVE) WHEREAS, A petition for a mother-in-law/family unit was submitted by Judith Tutkowski for a property located in the NE ¼ of Section 1 (Tax Key No. 2161.043 / S63 W12861 Emerson Drive), and WHEREAS, Said property is zoned RS-2 Suburban Residence District where a mother-in- law/family unit is allowed as a permitted accessory use as long as the following objectives are met: 1. Must be occupied by a resident(s) related through blood, marriage or adoption to a host residence occupant. 2. Must be no greater than 800 square feet in size. 3. Must have an independent wing or area that is self -supporting in terms of livable needs (i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility infrastructure of the primary residence. Access to this wing or area may be obtained via one door to the outside and a second non-lockable door or passage way to the main portion of the host residence. Access is permitted to a garage area having no service door. 4. Subject to Plan Commission approval with written notice to residents within 100 feet of the property, and WHEREAS, The petitioned mother-in-law/family unit shows that it will be used by related persons to the family, will be self -supporting in livable needs and will have a passage to the main residence and a separate door to the outside, and WHEREAS, The petitioned mother-in-law/family unit is proposed to be 797.47 square feet in size and will be located within an existing portion of the home that currently contains an indoor pool, and WHEREAS, Said indoor pool space will be converted in the mother-in-law/family unit. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the mother-in- law/family unit for the Tutkowski residence located in the NE ¼ of Section 1 (Tax Key No. 2161.043 / S63 W12861 Emerson Drive). BE IT FURTHER RESOLVED, The mother-in-law/family unit must be used by related persons to the family, must be self-supporting in livable needs, must have a non-lockable passage to the main residence and a door to the outside, and cannot exceed 800 square feet. BE IT FURTHER RESOLVED, That the Plan Commission approves of the mother-in-law/family unit at 797.47 square feet. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initi ation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: February 7, 2017 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Discussion PC 009-2017 For the meeting of: February 7, 2017 REQUEST: Conceptual 2 - Lot Land Division S106 W16480 Loomis Road / Tax Key No. 2294.999 NW ¼ of Section 34 PETITIONER: Nick & Colleen Honeck INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 009-2017 The petitioner has submitted a Conceptual Two (2) lot land division. The petitioner is requesting conceptual discussion to get comments from the Planning Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual lot line adjustment and to answer any questions. PLAN CONSISTENCY PC 009-2017 Comprehensive Plan: The 2020 Plan depicts the area for commercial or rural density residential uses (1-2.99 units/acre). The proposed concept is consistent with the Plan. Zoning: The property is zoned A-1 – Agricultural District. This zoning requires minimum lot sizes of 120,000 SF and an average lot width of 300’. All lots are also supposed to have at least 80 feet of frontage on a dedicated right-of-way. DISCUSSION PC 009-2017 Per the submittal the petitioners are looking to split an existing lot into two lots. The petitioner’s father lives in the existing house on this lot and has owned this land since the 1970’s. The lot owner’s son is now looking to split the lot to be able to build a new home on the rear portion of the lot. The total lot contains about 6.2 acres. That is enough land to support two lots. The question with this possible land division relates to the lot widths. As is noted above, each lot should have 80 feet of frontage along a public right-of-way and an average minimum width of 300 feet . There are two proposals the petitioner has submitted as follows: Layout 1  The front lot is about 2.8 acres in size and has a lot frontage of 300 feet and a minimum average width of 300 feet, as measured parallel along the right-of-way. This lot is compliant with the zoning requirements.  The back lot is about 3.4 acres in size and has a lot frontage of 71.64 feet and a minimum average width of over 300 feet, as measured parallel along the right-of-way. The concern with this layout is that it does not meet the minimum right-of-way frontage requirement as it is about 8.36 feet short. Since this requirement is regulated by Chapter 18 (Land Di vision) of the Municipal Code, the Plan Commission can grant a variance to this section when they feel all of the following are met: o Exceptional Circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such a recurrent nature as to s uggest that this chapter should be changed. o Preservation of Property Rights. Such variance is necessary for preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity. o Absence of Detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest. o A minimum of 5 affirmative Plan Commission member votes shall be required to grant any variance of this chapter. o Note - When such relief is granted, it shall be without detriment to the public good, without impairing the intent and purpose of this chapter or the desirable general development of the City in accordance with the adopted regional, county or City comprehensive plans or adopted plan components. The reasons shall be entered in the Plan Commission minutes.  This layout is fairly conventional in shape as it relates to front lot/back lot layouts but the back lot does not meet the frontage requirement and would need a Plan Commission waiver. Layout 2  The front lot is about 2.8 acres in size and has a lot frontage of 291.64 feet and a minimum average width of 300 feet (per the information submitted by the applicant), as measured parallel along the right-of-way. This lot is compliant with the zoning requirements.  The back lot is about 3.4 acres in size and has a lot frontage of 80 feet and a minimum average width of over 300 feet, as measured parallel along the right -of-way. While the 80 feet of frontage is present, the lot then narrows to about 34 feet until the lot then widens out to 300+ feet for the bulk of the lot acreage.  This layout is not as typical for front lot/back lot layouts. The City typically likes to see these 80 foot frontage/access strips to keep their width until the minimum average width is met. In this case the 80 foot access strip is narrowed for a portion of depth. The Plan Commission can grant a waiver for this to be allowable if they would like to. Relating to the two options above, the Plan Commission has granted both types of waivers in the past in some form or another. It is not typical to see these waiver requests as most land divisions meet the code requirements. In this case the Plan Commission should discuss if they are willing to grant any waivers to either of the noted width requirements or if they believe a land division should not occur since the widths do not meet the typical code requirements. A few other notes of things that would need to occur as part of this possible future division are as follows:  A shared access/driveway easement will most likely be needed since these two possible properties will most likely need to share one access point/driveway due to State highway access restrictions.  Any other accessory structures and/or sheds on the properties will need to be shown on the CSM and if any of these buildings are over size limits or do not meet the minimum setback/offsets, said buildings may need to be removed. DIRECTION PC 009-2017 The Plan Commission will need to evaluate what possible land division layout could be the most favorable, if they are willing to possibly approve any waivers for a future CSM. The Plan Commission does not have to grant any waivers if they are not comfortable d oing so and if they feel it does not meet the items noted above from the code. Overall, if the Plan Commission is willing to grant some type of waiver, then staff would recommend layout 1 as that is more conventional in design, even if the full lot access width is not met. It has usually been the City’s position in the past to stay away from irregular lot configurations. 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 step and eventually apply for a formal CSM, the comments received at this meeting must be addressed as part of the formal submittal. MUSK EG Othe Ci ty of Ar ea o f Inte restI0420840 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 00 9-2017 Ho nec kS106 W 16 48 0 Lo omis 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 9/2 0 17 City of Muskego Plan Commission Supplement PC 012-2017 For the meeting of: February 7, 2017 REQUEST: Two (2) Lot Land Division and Condo Plat for the Glen at Pellmann Farms Woods Road / Tax Key No. 2218.990.010 NW ¼ of Section 15 PETITIONER: Hartford Land Development/Cornerstone Development INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 012-2017 The proposal includes a two (2) lot land division and a Condo Plat for the Glen at Pellmann Farms. The lots on the CSM range in size from 15,903 SF (Lot 2) to 500,110 SF (Lot 1). Lot 1 will become The Glen at Pellmann Farms Condo development and Lot 2 will be used for the future construction of a single - family home. The Pellmann Farms Condo development was previously approved via a rezoning and BSO for thirty-four (34) units that include all ranch style structures consisting of eleven (11) two -family structures and three (3) four family structures along with a clubhouse and internal private roads that stem off of Woods Road and Kurtze Lane. PLAN CONSISTENCY PC 012-2017 Comprehensive Plan: The 2020 Plan depicts the area for medium density land uses. The proposal is consistent with the Plan. Zoning: Lot 1 was rezoned to a Planned Development District by the Plan Commission on October 4, 2016 under PC 055-2016 and by the Common Council on October 11, 2016 under Ordinance #1408, subject to the approval of a BSO, Condo Plat, and developer’s agreement for infrastructure improvements. Lot 2 will maintain its origi nal zoning of RS-3 - Suburban Residence District. 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 this property. The proposal is consistent with the Plan. Street System Plan: Right-of-way is being dedicated as required. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot will be served by municipal sanitary sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: The lot will be served by municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan is under review by the Engineering Department. DISCUSSION PC 012-2017 The CSM and Condo Plat are in the review process. Preliminary review shows that t here 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. A few notes relating to this CSM and Condo Plat are as f ollows:  The lot that this CSM is re-dividing has not yet been created as it is still under technical review. The previous CSM must be recorded before this CSM can be recorded.  A developer’s agreement still needs to be established and executed before any c onstruction can occur as part of this development.  Additional easements will be needed on the CSM and the Condo Plat to accommodate the public improvements that are required on site. 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 012-2017 Approval of Resolution PC 012-2017 MUSKEGOthe City of Area of InterestI0225450 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 012-2017 Cornerstone Development Woods Road and Parkland Drive JANESVIL L E LOO M I S R D RA C I N E A V DU R H A M WOOD S CO L L E G E Prepared by City of Muskego Planning Department Date: 9/22/2016 RESOLUTION #P.C. 012-2017 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR HARTFORD LAND DEVELOPMENT AND CONDO PLAT FOR THE GLEN AT PELLMANN FARMS LOCATED IN THE NW ¼ OF SECTION 15 (TAX KEY NO. 2218.990.010 / WOODS ROAD) WHEREAS, A Certified Survey Map (CSM) was submitted by Hartford Land Development for a two (2) lot land division and a Condo Plat for the Glen at Pellmann Farms located in the NW ¼ of Section 15 (Tax Key No. 2218.990.010 / Woods Road), and WHEREAS, The proposed CSM contains two (2) lots ranging in size from 15,903 SF (Lot 2) to 500,110 SF (Lot 1), and WHEREAS, Lot 1 will become The Glen at Pellmann Farms Condo development and Lot 2 will be used for the future construction of a single-family home, and WHEREAS, Lot 1 was rezoned to a Planned Development District by the Plan Commission on October 4, 2016 under PC 055-2016 and by the Common Council on October 11, 2016 under Ordinance #1408, subject to the approval of a BSO, Condo Plat, and developer’s agreement for infrastructure improvements , and WHEREAS, Lot 2 will maintain its original zoning of RS-3 Suburban Residence District, and WHEREAS, The BSO for the condo development was approved by the Plan Commission on January 3, 2017 under PC 004-2017, and WHEREAS, The Planned Development zoning and the BSO previously approved a condo development of thirty-four (34) units that include all ranch style structures consisting of eleven (11) two-family structures and three (3) four family structures along with a clubhouse and internal private roads that stem off of Woods Road and Kurtze Lane, and WHEREAS, All streets within the condo plat will be private and will be privately maintained, and WHEREAS, All of the lots/units on the proposed CSM and Condo Plat will be served with public sanitary sewer and a sewer main extension will be completed as part of this project, and WHEREAS, The condo development will be services with municipal water, which is being extended into the site, and WHEREAS, The lot that this CSM is re-dividing has not yet been created as it is still under technical review, and WHEREAS, The CSM and Condo Plat are in the review process and all technical corrections must be addressed before recording, and THEREFORE BE IT RESOLVED, That the Plan Commission approves a two (2) lot Certified Survey Map (CSM) submitted by Hartford Land Development and a Condo Plat for the Glen at Pellmann Farms located in the NW ¼ of Section 15 (Tax Key No. 2218.990.010 / Woods Road). BE IT FURTHER RESOLVED, A developer’s agreement still needs to be established and executed before any construction can occur as part of this development. BE IT FURTHER RESOLVED, The CSM that is re-dividing the lots on this CSM must be recorded before this CSM can be recorded. BE IT FURTHER RESOLVED, Additional easements will be needed on the CSM and the Condo Plat to accommodate the public improvements that are required on site. Page 2 BE IT FURTHER RESOLVED, That the CSM and Condo Plat are subject to resolution of technical discrepancies as identified by the City Planning Department and 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 digital file of this CSM and Condo Plat shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file with the City 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: February 7, 2017 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Discussion PC 013-2017 For the meeting of: February 7, 2017 REQUEST: Conceptual Review for Laura Rauman / Bloom360 Learning Community W186 S9159 Racine Ave / Tax Key No. 2243.997.003 SW ¼ of Section 21 PETITIONER: Laura Rauman INTRODUCED: February 7, 2017 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 013-2017 The petitioner has submitted for conceptual review for the possible creation of a new independent non- profit school serving children with neuro-diverse needs (which may include children with a diagnosis of autism, ADHD, Down syndrome, sensory processing disorders, etc.). This property currently contains a house and a pole barn. The property is about 4.3 acres in size. The property also has a proposed land division pending on it. The owners are not sure at this time if they wou ld be purchasing the entire lot as is, one of the proposed lots, or both of the proposed lots. 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 013-2017 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential uses. The proposed concept is consistent with the Plan, if approved, with a Conditional Use Grant. Zoning: The property is zoned RC-1 – Country Residence District. Any type of school use is allowable in this district with the approval of a Conditional Use Grant (CUG) through the Plan Commission. DISCUSSION PC 013-2017 As is noted above, the applicants are asking for a conceptual discussion for the proposed independent non-profit school they are hoping to open at the property listed above. The RC-1 zoning on this property can allow a school, with the approval of a Conditional Use Grant (CUG). The school would follow a unique model that allows for individualized education for each child using their strengths and interests to guide them for them forward developmentally and academically. They feel the home type setting of the property would help meet the needs of their students and their goals as a school. If a full CUG would be approved, Bloom360 Learning Community would hope to be in operation for the 2017-2018 school year, would serve approximately 20 students, and have 6 to 8 staff members. The school would operate on a year round calendar during daytime hours of 8:30AM - 3:30PM. Staff would be there earlier and later as needed. Since the current property and home are used solely for single-family uses, there would need to be modifications to the property and home in order to meet the code requirements for a school in this location. The owners have been talking with the City’s Building Inspectors about what type of upgrades would be required if the property were to convert to a school. It sounds as if the building would need to be brought into compliance with a typical commercial/education facility. As such, the applicant is working with contractors to see if this is feasible for them. If the applicant decides to proceed further for a full CUG and BSO request through the Plan Commission, there are some other additional items that may need to be addressed onsite as follows:  How will parking, access, and drive/fire lanes be handled?  Are there any exterior building/structure alteration that would need to occur and if so, what would they look like?  Are loading/drop-off zones needed and if so, where?  What additional outdoor features would be proposed on site (i.e. gardens, animal pens, etc.)?  How items such as lighting, landscaping, signage, screening, etc. will be handled? Lastly, the Plan Commission may want to think about how the overall use may or may not affect the neighborhood, considering there are single-family homes in this area. This is one of the biggest considerations the Plan Commission needs to consider when considering approval of a CUG. DIRECTION PC 013-2017 The Plan Commission should discuss if this is something that they think may work on this site and/or any specific conditions they may expect if this proceeds further. 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 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 Ci ty of Ar ea o f Inte restI0250500 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 013 -2 017 Lau ra R au man W1 86 S81 59 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 : 2 /2 /2 0 1 7