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PLAN COMMISSION Packet - 4/2/2020CITY OF MUSKEGO PLAN COMMISSION AGENDA 04/02/2020 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 PUBLIC HEARING Public Hearing for a renewal of Conditional Use Grant in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section 13 (Tax Key 2230.996 / W217 S8425 Crowbar Road). CONSENT BUSINESS RESOLUTION PC 018-2020 Renewal of a Conditional Use Grant for the purpose of continued mining and processign of sand and gravel, and the extension of use of an asphalt plant for Payne and Dolan at W217 S8425 Crowbar Roadin / Tax Key No. 2230.996. RESOLUTION PC 019-2020 Approval of a Building, Site and Operation Plan Amendment for Luckys at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. RESOLUTION PC 020-2020 Approval of a Two-Lot Certified Survey Map for Brian and Gail James located at W150 S8234 Harvest Court / Tax Key No. 2214.996.019. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 023-2020 Recommendation to Common Council to Rezone a property from A-1 Agricultural District to RC-1- Country Residence District for PEGARL LLP. along Crowbar Drive / Tax Key No. 2283.999.004. RESOLUTION PC 024-2020 Approval of a Building, Site and Operation Plan Amendment and Recommendation to Common Council for a Zoning Amendment to PD-42 for the Will Rose Apartments located along Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 and 2198.160.004. RESOLUTION PC 025-2020 Approval of a Building, Site and Operation Plan for a Two- Family Residential Structure located on Lot 16 of Northfield Green Subdivision / Tax Key Packet Page 1 Plan Commission Agenda 2 4/2/2020 6:00:00 PM No. 2172.026. MISCELLANEOUS BUSINESS Annual Review Discussion Discussion of further restrictions/penalties for habitual offenders of Building, Site and Operations Plans Annual Reviews. 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. Packet Page 2 I01,000 2,000500 FeetScale: Legend Affected Area Properties within 300 ft Right-of-Way Parcels Structures C r o w b a r D r . Janesville R d . CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:00 PM on Thursday, April 2, 2020, at the City Hall, W182 S8200 Racine Avenue, to consider the following: Upon the petition of Payne & Dolan Company shall the following described land as addressed as W217 S8425 Crowbar Road be granted a renewal of Conditional Use in accordance with Article XIV of Chapter 400 the Muskego Municipal Code for the purpose of continued mining and processing sand and gravel, extension of the accessory use (asphalt plant) located on the NW corner of Crowbar Road and Janesville Road (CTH L). A parcel of land located in the NE 1/4 and SE 1/4 of Section 13, T5N, R19E, City of Muskego, Waukesha County, Wisconsin; and a parcel of land located in the NW 1/4 and SW 1/4 of Section 18, T5N, R20E, City of Muskego, Waukesha County, Wisconsin; and, a parcel of land located in the SW 1/4 of the SW 1/4 of Section 7, T5N, R20E, City of Muskego, Waukesha County, Wisconsin, as described in vol. 1010, page 297 of Deeds. Detailed descriptions are available for public inspection at the Planning Division office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego/Waukesha NOW Newspaper on March 11, 2020 and March 18, 2020. Dated this 20th day of February, 2020. 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 AND 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. NOTICE "Please note that, 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 the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." Page 1 of 1 Public Hearing Packet Page 3 MUSKEGOthe City of Area of InterestI09501,900 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 018-2020 Payne & DolanW217 S8425 Crowbar 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: 3/19/2020 Page 1 of 5 RESOLUTION PC 018-2020 Packet Page 4 Page 2 of 5 RESOLUTION PC 018-2020 Packet Page 5 Page 3 of 5 RESOLUTION PC 018-2020 Packet Page 6 City of Muskego Plan Commission Supplement PC 018-2020 For the meeting of: April 2, 2020 REQUEST:Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant Crowbar Road / Janesville Road NE ¼ and SE ¼ of Section 13 PETITIONER:Payne & Dolan INTRODUCED:April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 018-2020 Petitioner seeks approval of the required annual review for continued mining and processing of sand and gravel and the extension of use of an asphalt plant. PLAN CONSISTENCY PC 018-2020 Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and extractive land use. The proposal is consistent with the Plan. Zoning: The M-3, Landfill & Extractive District, allows extractive operations by conditional use grant. A CUG was previously approved for the extractive operations and asphalt plant. An annual review is required as a condition of approval. Park and Conservation Plan No parks are proposed in the area. High Conservation Priority is along Crowbar Road, specifically as a view corridor. The current extractive operations are far removed from this area. P & D has continuously improved this area of their site through restoration, slope stabilization, and plantings. The proposal is consistent with the Plan. Street System Plan: The Street System Plan indicates Crowbar Road to be a 100’ ultimate right-of-way. No dedication is required at this time. Utility Service Areas: The property is served by private sewer and private water. Page 4 of 5 RESOLUTION PC 018-2020 Packet Page 7 DISCUSSION PC 018-2020 A site inspection was recently completed and revealed the site to be well maintained. The site is paved where product is picked up. Erosion control practices appear to be followed; no materials are tracked off site. The equipment on site appears well maintained. Payne & Dolan does not have a schedule for 2020 night-time operations and trucking at this time. When night operations are scheduled, past notification practices will be followed. This includes sending letters regarding their evening operations to affected property owners, accompanied by a phone number for complaints. They also notice the City of these operations. There were no complaints received by the Community Development Department last year regarding night trucking. A Reclamation Plan was submitted and approved in 2002 as per Chapter 237 of the Muskego Ordinance. This is reflected in the Resolution. STAFF RECOMMENDATION PC 018-2020 Approval of Resolution # PC 018-2020 Page 5 of 5 RESOLUTION PC 018-2020 Packet Page 8 City of Muskego Plan Commission Supplement PC 019-2020 For the meeting of: April 2, 2020 REQUEST: Building, Site and Operation Plan Amendment (BSO) for Lucky’s at the Lodge/Lucky’s Spitfite Tax Key No. 2198.984.013 / S74 W17096 Janesville Road NW ¼ of Section 10 PETITIONER: Parkland Lodge LLC. INTRODUCED: April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 019-2020 Lucky’s at the Lodge/Lucky’s Spitfire is seeking a Building, Site and Operation (BSO) Plan amendment to allow outdoor seating tables for their recently opened bar/restaurant located on the within the Parkland Towne Center along Janesville Road. This is in the space that formerly housed Outside Inn with Bacon and the space nextdoor. CONSISTENCY WITH ADOPTED PLANS 019-2020 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is consistent with the plan. Zoning: The property is zoned PD-50 – Parkland Towne Center Planned Development District and the proposed amendments are consistent with the code. STAFF DISCUSSION PC 019-2020 As is noted above, Luckys at the Lodge recently opened in the space that formerly housed Outside Inn with Bacon and Lucky’s Spitfire is located nextdoor. As part of the new business that opened in this location, the applicant now wants to add an outdoor seating area along the front of the building. The outdoor seating area includes five outdoor tables and chairs immediately outside of the bar/restaurant right in front of the building. There is an outdoor area toward the west of the building and the new tables would be along the south side of the building. The outdoor seating will be available for the same outdoor patio hours of 10:00 AM – midnight, or per the requirements of the liquor license. The sidewalk in front of these businesses is ten feet (10’) wide and applicant is aware that three feet (3’) must remain unobstructed at all times. The resolution states that any of the outdoor seating must not interfere with and public access along the sidewalk and cannot interfere with any ADA passageways. Overall, staff feels this outdoor seating area and elevation improvement should be a nice addition to this property. STAFF RECOMMENDATION PC 019-2020 Approval of Resolution PC 019-2020 Page 1 of 8 RESOLUTION PC 019-2020 Packet Page 9 MUSKEGOthe City of Area of InterestI0160320 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 019-2020 Parkland Lodge, LLC. Luckys at the LodgeS74 W17096 Janesville Road 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: 3/20/2020 Page 2 of 8 RESOLUTION PC 019-2020 Packet Page 10 RESOLUTION #P.C. 019-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR LUCKYS AT THE LODGE/LUCKYS SPITFIRE LOCATED IN THE NW ¼ OF SECTION 10 (TAX KEY NO. 2198.984.013 / S74 W17096 JANESVILLE ROAD) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Luckys at the Lodge/Luckys Spitfire located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013, and WHEREAS, The petitioner is proposing to add an outdoor seating area to the recently opened bar/restaurant, and WHEREAS, The outdoor seating area will include five tables immediately adjacent to the storefront, and WHEREAS, No new signage or lighting has been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan amendment for Luckys at the Lodge/Luckys Spitfire at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. BE IT FURTHER RESOLVED, Any of the outdoor seating must not interfere with and public access along the sidewalk and cannot interfere with any ADA passageways. BE IT FURTHER RESOLVED, Any new/altered exterior lighting will need approvals from the Planning Division before any lighting changes can be made and all City required lighting specs must be met, include all fixtures being full cut-off with zero degree tilt. BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review for compliance with City sign code regulations and shopping center signage master plan and permit approvals. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, 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: Denied: Deferred: Introduced: April 2, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 3 of 8 RESOLUTION PC 019-2020 Packet Page 11 Page 4 of 8 RESOLUTION PC 019-2020 Packet Page 12 Page 5 of 8 RESOLUTION PC 019-2020 Packet Page 13 Page 6 of 8 RESOLUTION PC 019-2020 Packet Page 14 Page 7 of 8 RESOLUTION PC 019-2020 Packet Page 15 Page 8 of 8 RESOLUTION PC 019-2020 Packet Page 16 City of Muskego Plan Commission Supplement PC 020-2020 For the meeting of: April 2, 2020 REQUEST: Two (2) Lot Land Division – Certified Survey Map W150 S8234 Harvest Court / Tax Key No. 2214.996.019 NW ¼ of Section 14 PETITIONER: Gail & Brian James INTRODUCED: April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 020-2020 The petitioner is proposing to divide one lot into two lots by Certified Survey Map (CSM). The proposed lots are approximately 1.18 acres and 1.0 acres in size. The property is located near the southern section of Harvest Court. PLAN CONSISTENCY PC 020-2020 Comprehensive Plan: The 2020 Plan depicts the areas for low density residential uses. The proposal will be consistent with the plan if Lot 2 is increased to 44,000 SF in area. Zoning: The property is zoned RS-2 – Suburban Residence District. This zoning requires minimum lot sizes of 40,000 SF and an average lot width of 220’ since the lots are not served by municipal sanitary sewer. The City will need to see that Lot 2 meets the 220’ minimum average width requirement. All lots are also required to have at least 80 feet of frontage on a dedicated right-of-way. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property. There is some high conservation areas on this property, most of which are protected as wetlands already. Street System Plan: All required right-of-way has been dedicated previously. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The current home is serviced via a septic system and an area is identified for septic on the new lot. The proposal is consistent with the plan. Water Capacity Assessment District: Private water wells will service each of these lots. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will need to determine if a grading plan is required as part of the land division or upon construction of the new home. Page 1 of 5 RESOLUTION PC 020-2020 Packet Page 17 DISCUSSION PC 020-2020 Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is in the process of being completed. All corrections/additions will be needed prior to 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 020-2020 Approval of Resolution PC 020-2020 Page 2 of 5 RESOLUTION PC 020-2020 Packet Page 18 MUSKEGOthe City of Area of InterestI0150300 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 020-2020 Gail & Brian JamesW150 S8234 Harvest Court 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: 3/23/2020 Page 3 of 5 RESOLUTION PC 020-2020 Packet Page 19 RESOLUTION #P.C. 020-2020 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE JAMES PROPERTY LOCATED AT W150 S8234 HARVEST COURT / TAX KEY NO. 2214.996.019 WHEREAS, A Certified Survey Map (CSM) was submitted by Brain & Gail James for a two (2) lot land division located at W150 S8234 Harvest Court / Tax Key No. 2214.996.019, and WHEREAS, The proposed lots are approximately 1.18 acres and 1.0 acres in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of 40,000 SF with a minimum average width of 220 feet per lot since the lots are not served by municipal sanitary sewer, and WHEREAS, The 2020 Comprehensive Plan depicts the area for low density residential uses and the proposed lot needs to be increased to 44,000 SF to be consistent with the plan, and WHEREAS, Both lots will be served by private water wells, and WHEREAS, Both lots will be served by on-site septic systems, and WHEREAS, Both lots have direct access to Harvest Court, which was recently improved as a full public road. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Gail and Brian James for a two (2) lot land division located at W150 S8234 Harvest Court / Tax Key No. 2214.996.019, subject to technical corrections as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, An exhibit mist be provided to Planning staff for Lot 2 to verify that the minimum average width of 220 feet is met, per code requirements. BE IT FURTHER RESOLVED, Lot 2 must be at least 44,000 SF in area to meet the Comprehensive Plan land use designation of Low Density Residential. BE IT FURTHER RESOLVED, 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, 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: April 2, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 020-2020 Packet Page 20 Page 5 of 5 RESOLUTION PC 020-2020 Packet Page 21 City of Muskego Plan Commission Supplement PC 023-2020 For the meeting of: April 2, 2020 REQUEST: Rezoning from A-1 (Agricultural District) to RC-1 (Country Residence District) of the Haut Property Tax Key No. 2283.999.004 / Crowbar Drive SW ¼ of Section 31 PETITIONER: PEGARL, LLP INTRODUCED: April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 023-2020 The petitioner has submitted a rezoning request from A-1 (Agricultural District) to RC-1 (Country Residence District). PLAN CONSISTENCY PC 023-2020 Comprehensive Plan:The 2020 Comprehensive Plan shows the area as rural density residential uses. The proposal is consistent with the plan, as long as any future lots are at least 88,898 SF in area. Zoning: The property is currently A-1 (Agricultural District). The zoning being requested is RC-1 (Country Residence District). Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: The proposal is consistent with the Plan. Any right-of-way dedication would be addressed as part of a future land division. Adopted 208 Sanitary Sewer Service Area: As part of a future land division sanitary sewer will need to be extended to this area by the developer. The proposal is consistent with the Plan. Water Capacity Assessment District: This area is served by private well. The proposal is consistent with the Plan. DISCUSSION PC 023-2020 PEGARL, LLP. is petitioning for a rezoning for a property along Crowbar Drive. The request includes the rezoning of all of Tax Key Number 2283.999.004. The rezoning would be from A-1 - Agricultural District to RC-1 - Country Residence District. The RC-1 zoning district requires parcels to be at least 80,000 square feet and 200 feet in width. The 2020 Comprehensive Plan identifies this area as Rural Density Residential and the proposed rezoning still meets this requirement, as long as the lots are at least 88,898 SF in area. The petitioner is requesting this rezoning so that they can possibly divide the lot in question into four (4) lots. Any future land division/CSM would need to receive separate approvals. A public hearing for this request was originally scheduled for March 24, 2020, but subsequently was cancelled due to the COVID-19 virus. A new Public Hearing will be scheduled for April or May 2020. In an effort to keep things progress during these unprecedented times, the Public Hearing is happening after the Plan Commission recommendation can be made. This has occurred on some past rezoning requests when the meeting/submittal deadline dates dictated such. If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re- review before final Common Council action. Page 1 of 5 RESOLUTION PC 023-2020 Packet Page 22 STAFF RECOMMENDATION PC 023-2020 Approval of Resolution PC 023-2020 – Pending any comments that may come out of the future Public Hearing. Page 2 of 5 RESOLUTION PC 023-2020 Packet Page 23 MUSKEGOthe City of Area of InterestI0470940 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 023-2020 PEGARLCrowbar 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: 3/24/2020 Page 3 of 5 RESOLUTION PC 023-2020 Packet Page 24 RESOLUTION #P.C. 023-2020 RECOMMENDATION TO COUNCIL TO REZONE THE HAUT PROPERTY FROM A-1 AGRICULTURAL DISTRICT TO RC-1 COUNTRY RESIDENCE DISTRICT FOR THE PROPERTY LOCATED IN THE SW 1/4 OF SECTION 31 (TAX KEY NO. 2283.999.004 / CROWBAR DRIVE). WHEREAS, A petition was submitted by PEGARL LLP. to rezone the Haut property from the A-1 Agricultural District to RC-1 Country Residence District, and WHEREAS, The RC-1 district allowed minimum lot sizes of 80,000 SF with minimum average width of 200 feet, and WHEREAS, The 2020 Comprehensive Plan identifies this area for Rural Density Residential Uses and the proposal is consistent with the plan, and WHEREAS, A Public Hearing for the rezoning will be heard before the Common Council in April or May 2020, and WHEREAS, The rezoning is being proposed to facilitate a possible future four lot land division. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning to the RC-1 Country Residence District for the property located in the SW ¼ of Section 31 (Tax Key No. 2283.999.004 / Crowbar Drive), and BE IT FURTHER RESOLVED, If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re-review before final Common Council action. BE IT FURTHER RESOLVED, Due to the Rural Density land use designation, any lots that are part of a future land division must at have a minimum lot size of 88,898 SF to meet the Comprehensive Plan. 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: April 2, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 4 of 5 RESOLUTION PC 023-2020 Packet Page 25 Fe e t 0 40 80 SH E E T CROWBAR DEVELOPMENT VE R T . S C A L E : CH E C K E D B Y : PR O J E C T N O . RE V I S I O N S RE V I S E D B Y : DA T E : F:\PROJECTS\20-710-220 CROWBAR DEVELOPMENT\ZONING EXHIBIT.DWG DATE OF PLOT: 2/7/2020 4:01 PM  ...where engineering solutions meet water quality... www.msquaredengineering.com     HO R I Z . S C A L E : DA T E : DR A W N B Y : D M D 2/ 7 / 2 0 2 0 2/ 0 7 / 2 0 2 0 OF 1 1 ZONING EXHIBIT Page 5 of 5 RESOLUTION PC 023-2020 Packet Page 26 City of Muskego Plan Commission Supplement PC 024-2020 For the meeting of: April 2, 2020 REQUEST: Zoning Amendment to PD-42 Basse and Building, Site and Operation Plan Amendment for Will Rose Apartments, LLC. Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 and 2198.160.004 NE ¼ of Section 10 PETITIONER: Will Rose Apartments LLC INTRODUCED: April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 024-2020 Will Rose Apartments LLC has submitted a request to amend the PD-42 Zoning District to allow for additional living units and modify the building setbacks. The applicant is also requesting a Building, Site and Operation Plan amendment to adjust the exterior elements of the building, adjust the number of parking stalls and add a garden amenity. PLAN CONSISTENCY PC 024-2020 Comprehensive Plan: The 2020 Plan depicts the area for high density residential uses (>3 units/acre). The new proposal consists of 96 total units, which is an increase from 90 units previously approved for this development. The proposed densities are within the guidelines of the 2020 Plan and the past zoning approval, if the Common Council granted a density bonus, which can be allowed per the code. Zoning: A rezoning to a Planned Development was approved by the Plan Commission and Common Council in December 2017. The new proposal herein adds six additional units thus utilizing a portion of the Planned Development bonus for residential units and requests a waiver to the setback requirements. Parks and Conservation Plan The Parks and Conservation Plan does not show any park land on this site. The plan does show medium conservation priorities on some of the wetlands on this lot. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The property will be serviced with municipal sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: The property will be serviced with municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: There currently is stormwater management facilities on the lot and further review will be needed to ensure the facilities are sized properly. The proposal is consistent with the Plan. DISCUSSION PC 024-2020 As stated above, this rezoning is amending the language of the existing PD-42 Basse Planned Development District. Originally, PD-42 was originally created in 2003 as part of a larger development and adjusted in 2017 for the Will Rose Apartment buildings. PD-42 originally allowed 90 units in two buildings, being a 50 unit multifamily building and a 40 unit multifamily building. In February 2019, the Page 1 of 21 RESOLUTION PC 024-2020 Packet Page 27 Plan Commission allowed the number of units to be adjusted to 51 units (Building #1) and 39 units (Building #2) as a non-substantial change. Construction has commenced on the now 51 unit multifamily building and there will not be any changes to this building. Now the applicant is seeking to change the number of units in the second building from 39 units to 45 units. Because the number of units also affects the number of parking stalls required, this is a substantial change which triggers an amendment to the PD-42 Zoning District. Due to ongoing market research by the applicant, it has been determined that the number of one bedroom units is in higher demand. Therefore, this request will change the interior layout and eliminate several two-bedroom units and an interior open area while converting the spaces to additional one- bedroom units. The total number of units will be increased by six total units to a total of 45 units in the second building with 51 units in the first building. That would bring the total development to 96 units. Based on the total allowable density under the base zoning, 90.9 units are allowable in the PD district. Utilizing a Planned Development District, the density is able to be increased by up to 10% upon Plan Commission and Common Council approval. The possible bonus would increase the total number of allowed residential units to 99.99 units. The applicant is seeking a change from 90 to 96 residential units. The six (6) additional units would equate to a 7% density bonus. Additional parking spaces are required with the additional units and as such the applicant is also requesting a waiver to the setback requirements for the second building. The first building that is currently under construction was allowed a ten-foot setback waiver (to 30 feet) and this request would allow the second building to have the same 30-foot setback from the Janesville Road right-of-way line. This building shift would allow more space for interior and exterior parking. The footprint of the building in the northern most corner will be adjusted which is made possible if the ten foot setback waiver is granted. This additional area allows for the configuration of the residential units to be adjusted for the additional six residential units. On the first and third floors the two-bedroom endcap unit is divided into two one-bedroom units. Additionally, on the third floor the community room is being eliminated and the exterior wall is being pushed out to match the lower levels with two additional one- bedroom units being added. Five additional units are being shown from the original 40 unit structure. Finally, the parking on the first floor is also reconfigured with the additional footprint to add additional enclosed parking stalls. Architecturally a couple changes are proposed to accommodate the additional living units. First, in the center of the southern elevation on the third floor the community room is being eliminated for two additional living units. This area of the building was originally stepped back providing depth to the third floor. With the two additional living units the third floor will extend up from the second floor with the same fiber cement siding that gives the appearance of wood materials. The second change is the additional balconies on the northern most corner mimicking the appearance of the northeast corner for the additional living unit on each floor. There are also some other minor architectural changes that further tie the designs of both buildings together. With the addition of six residential units, the ratio of parking stalls to residential units is affected. Currently there are 88 parking stalls for 39 residential units for a parking ratio of 2.26 parking stalls to residential units. By adjusting the enclosed parking area an additional three parking stalls will be enclosed for a total of 48 enclosed stalls for 45 units. With the setback waiver the applicant was able to reconfigure the exterior parking to add 12 additional parking stalls. The ratio for the second building would then be 103 parking stalls for 45 units or increase slightly to 2.29 parking stalls per residential unit. Overall, the site with both buildings will have a parking ratio of 2.28 parking stalls per residential unit. A fenced community garden amenity is also being requested. This garden cannot be utilized as a commercial garden facility, but solely for use by residents of the apartment complex. The resolution is drafted accordingly. Any fencing needed as part of the community garden will require a separate Zoning Permit. A public hearing for this request was originally scheduled for March 24, 2020, but subsequently was cancelled due to the COVID-19 virus. A new Public Hearing will be scheduled for April or May 2020. In an effort to keep things progress during these unprecedented times, the Public Hearing is happening after Page 2 of 21 RESOLUTION PC 024-2020 Packet Page 28 the Plan Commission recommendation can be made. This has occurred on some past rezoning requests when the meeting/submittal deadline dates dictated such. If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re- review before final Common Council action. STAFF RECOMMENDATION PC 024-2020 Approval of Resolution PC 024-2020 – Pending any comments that may come out of the future Public Hearing. Page 3 of 21 RESOLUTION PC 024-2020 Packet Page 29 MUSKEGOthe City of Area of InterestI0325650 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 024-2020 Will Rose Apartments, LLC.Janesville Road 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: 3/25/2020 Page 4 of 21 RESOLUTION PC 024-2020 Packet Page 30 RESOLUTION #P.C.024-2020 APPROVAL OF A ZONING AMENDMENT TO THE PD-42 ZONING DISTRICT AND BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR THE WILL ROSE APARTMENTS LOCATED IN THE NE ¼ OF SECTION 10 (JANESVILLE ROAD / TAX KEY NOS. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004) WHEREAS, Plans were submitted by AG Architecture to amend the PD-42 Zoning District for the Will Rose Apartment development located in the NE ¼ of Section 10 (Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004), and WHEREAS, The current version of the Planned Development zoning district (PD-42) for this development was approved by Council Ordinance #1412 on December 12, 2017, and WHEREAS, The original PD district approved a 50-unit apartment building (known as Phase 1), a 40-unit apartment building (known as Phase 2), and clubhouse (known as Phase 3), as well as the continued allowance of a 1.5 acre corner lot for future commercial uses, and WHEREAS, The Plan Commission and Common Council allowed the number of units to be adjusted to 51 units and 39 units as a non-substantial change to the PD-42 Zoning District, and WHEREAS, The newly proposed zoning amendment is to increase the number of allowed units in the second building from 39 units to 45 units, and WHEREAS, The proposed additional units are gained with minor building footprint adjustments and with the switching of some interior open spaces and two-bedroom units to one-bedroom units, and WHEREAS, The first building that is currently under construction was allowed a ten-foot setback waiver (from 40’ to 30’) and this request would allow the second building to have the same 30-foot setback from the Janesville Road right-of-way line, and WHEREAS, A Public Hearing for the rezoning will be heard before the Common Council in April or May 2020, and WHEREAS, The original Building, Site and Operation Plan (BSO) was approved via #P.C. 025-2018 on April 9, 2018, and WHEREAS, There are also some minor exterior elevation changes that are being proposed to further tie the two buildings together architecturally and to accommodate the slight footprint change, and WHEREAS, By adjusting the building footprint, three additional enclosed parking stalls will be added for a total of 48 enclosed stalls for 45 units, and WHEREAS, Twelve (12) additional outdoor parking stalls for residents and guests have been provided by shifting the building to the thirty foot setback, and WHEREAS, An additional amendment that is proposed for the development is the addition of a community garden for the exclusive use of residents within the complex. THEREFORE BE IT RESOLVED, The Plan Commission approves the Building, Site and Operation Plan amendment and the Plan Commission is recommending to the Common Council the zoning amendment to the PD-42 District to allow the additional six (6) residential units for the second building (totaling 96 units for the overall development) for the Will Rose Apartment development located in the NE ¼ of Section 10 (Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 & 2198.160.004). Page 5 of 21 RESOLUTION PC 024-2020 Packet Page 31 BE IT FURTHER RESOLVED, If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re-review before final Common Council action. BE IT FURTHER RESOLVED, All previously noted architectural conditions from the past resolutions still apply. BE IT FURTHER RESOLVED, The community garden cannot be utilized as a commercial garden facility and can only be used by residents of the apartment complex. BE IT FURTHER RESOLVED, Any fencing needed as part of the community garden will require a separate Zoning Permit approval. BE IT FURTHER RESOLVED, All conditions of approval from the original BSO remain applicable for this project. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in 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: April 2, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 6 of 21 RESOLUTION PC 024-2020 Packet Page 32 Page 7 of 21 RESOLUTION PC 024-2020 Packet Page 33 Page 8 of 21 RESOLUTION PC 024-2020 Packet Page 34 Page 9 of 21 RESOLUTION PC 024-2020 Packet Page 35 Page 10 of 21 RESOLUTION PC 024-2020 Packet Page 36 Page 11 of 21 RESOLUTION PC 024-2020 Packet Page 37 Page 12 of 21 RESOLUTION PC 024-2020 Packet Page 38 Page 13 of 21 RESOLUTION PC 024-2020 Packet Page 39 Page 14 of 21 RESOLUTION PC 024-2020 Packet Page 40 Page 15 of 21 RESOLUTION PC 024-2020 Packet Page 41 Page 16 of 21 RESOLUTION PC 024-2020 Packet Page 42 Page 17 of 21 RESOLUTION PC 024-2020 Packet Page 43 Page 18 of 21 RESOLUTION PC 024-2020 Packet Page 44 Page 19 of 21 RESOLUTION PC 024-2020 Packet Page 45 Page 20 of 21 RESOLUTION PC 024-2020 Packet Page 46 D ESI G N L A NDSURVEYIN G CIV I N GILENGINEER M A R T I N D R I V E W. J A N E S V I L L E R O A D ( C T H L ) Page 21 of 21 RESOLUTION PC 024-2020 Packet Page 47 City of Muskego Plan Commission Supplement PC 025-2020 For the meeting of: April 2, 2020 REQUEST: Building Site and Operation Plan for a Two-Family Residential Structure (Lot 16 of Northfield Green) Lot 16 of Northfield Green / Tax Key No. 2172.026 PETITIONER: Steve Stack Builders INTRODUCED: April 2, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 025-2020 Petitioner is proposing to construct a two-family residential structure on Lot 16 of the Northfield Green Subdivision. The Northfield Green Subdivision consists of two-family lots. Normally, two-family structures on individual lots do not need Planning Commission approval but since this area is part of the Moorland South Design Guide area it was deemed necessary to have the Planning Commission review the structures to ensure that the design guide requirements are being met. PLAN CONSISTENCY PC 025-2020 Comprehensive Plan:The 2020 Plan depicts the areas for high density residential use. The proposal is consistent with the Plan. Zoning: The property is zoned RM-2 Multiple-Family Residence District. The structure and site conforms to the bulk dimension requirements of the District. Setbacks and offsets meet the objectives of the code. Park and Conservation Plan: No acquisitions or management priorities are proposed in this area. The proposal is consistent with the Plan. Street System Plan: All streets have been 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 served by public water service. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater is not needed for this plan. The proposal is consistent with the Plan. Moorland Corridor South Design Guide The design guide promotes buildings to have Craftsman or Prairie Style architecture. The plan appears to meet some of the requirements found in the guide and those elements are discussed further below. DISCUSSION PC 025-2020 Page 1 of 13 RESOLUTION PC 025-2020 Packet Page 48 The BSO contains a survey, floor plans, preliminary landscape plan, and building elevations. SURVEY: Overall the building does appear to meet the zoning requirements for the RM-2 district. The district calls for buildings to have 40-foot setbacks and 15-foot side offsets. The building depicted meets these setback/offset requirements. Detailed open space review will need to occur when the building permit is reviewed if there are open space concerns when the driveways, walkways, patios, etc. are figured in. PARKING: Parking is handled with two-car attached garages for each unit. There will also be driveway parking for at least two guests for each unit if necessary. LANDSCAPING: A preliminary landscape plan has been submitted at this time. A final landscape plan must be submitted before a building permit can be issued. Since the rear of the building faces Janesville Road, additional landscaping will be required along the rear of the building. ARCHITECTURE/BUILDING ELEVATIONS: The building is governed by the Moorland South Design Guide, which calls for architecture with craftsman or prairie style influences. The developers are noting in their narrative that the ranch dwelling is inspired with craftsman architecture influences. Craftsman style architecture in general normally includes some of the following items: Low-pitched gable roofs Wide overhangs (2 feet or more) Wide front porches Pedestal-like tapered columns Asymmetrical Exposed roof rafters Decorative beams or braces under gables The structure is proposed to be constructed with exterior materials which include brick, stone caps, L.P. smart siding and trim, L.P smart siding shake, and dimensional shingles. The structure includes architectural elements including exposed roof beams/brackets, shake materials in the gable ends, brick column features, and horizontal brick banding. Not all of the building elevations contain 50 % masonry product. The percentages of masonry products are as follows: Front (south) – 42% Side (east) – 37% Side (west) – 37% Rear (north) – 41% The Plan Commission has approved twelve of the two family units in Northfield Green in the past. On all approvals we have averaged around the following percentages of masonry product used: Front – Around 30%+ Sides – Around 20%+ Rear – Around 25%+ The model proposed has a slightly greater amount of masonry than the previous submittals. STAFF RECOMMENDATION PC 025-2020 Page 2 of 13 RESOLUTION PC 025-2020 Packet Page 49 Approval of Resolution PC 025-2020 Page 3 of 13 RESOLUTION PC 025-2020 Packet Page 50 MUSKEGOthe City of Area of InterestI080160 Feet Agenda Item(s) Properties Zoning Districts Right-of-Way Hydrography Supplemental MapRESOLUTION #PC 025-2020 Steve StackLot 16 Northfield Green Subdivision 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: 3/24/2020 Page 4 of 13 RESOLUTION PC 025-2020 Packet Page 51 RESOLUTION #P.C.025-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR A TWO-FAMILY RESIDENTIAL STRUCTURE (LOT 16 OF NORTHFIELD GREEN / TAX KEY NO. 2172.026) WHEREAS, Plans were submitted by Steve Stack Builders for a Building, Site and Operation Plan for a two-family residential structure located on Princeton Court, and WHEREAS, Said property is currently zoned RM-2 Multiple Family Residence District and said use is a permitted use, and WHEREAS, Said parcel will be serviced by public sewer and water facilities, and WHEREAS, Said property is subject to the design standards outlined in the City of Muskego’s General Design Guide and the Moorland South Design Guide, and WHEREAS, The petitioner requests approval for a two-family ranch dwelling on Lot 16 of the Northfield Green Subdivision, and said structure appears to meet the requirements of the zoning ordinance in accordance to the setbacks, offsets, open space, and floor area ratios of the site, and WHEREAS, The Moorland South Design Guide promotes structures to utilize Craftsman or Prairie Style influences, and WHEREAS, Said structure is proposed to be constructed with exterior materials which include brick, stone caps, L.P. smart siding and trim, L.P smart siding shake, and dimensional shingles, and WHEREAS, Said structure includes architectural elements including exposed roof beams/brackets, shake materials in the gable ends, brick column features, and horizontal brick banding, and the elements appear to meet the intent of the Moorland South Design Guide for craftsman style architecture and are similar to other buildings approved in this neighborhood, and WHEREAS, The building elevations contain the follow percentages of masonry product: Front (north) – 42% Side (east) – 37% Side (west) – 37% Rear (south) – 41% WHEREAS, The parking will be handled by two-car attached garages and concrete/asphalt driveways with room for at least two (2) additional guests, and WHEREAS, A preliminary landscaping plan has been submitted and a final landscape plan will be required further at the time of building permit submittal. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and Operation Plan submitted by Steve Stack Builders for a two-family residential structure located on Princeton Court. BE IT FURTHER RESOLVED, That all proposed overhangs on this building must be 2 feet or greater at building permit time. Page 5 of 13 RESOLUTION PC 025-2020 Packet Page 52 BE IT FURTHER RESOLVED, The open space requirement will be reviewed at the time the building permit is reviewed. BE IT FURTHER RESOLVED, A final landscape plan meeting the City’s specs must be submitted to the City and approved by the City Forester prior to the release of building permits. BE IT FURTHER RESOLVED, Since the rear of the building faces Janesville Road, additional landscaping will be required along the rear of the building. 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: April 2, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 6 of 13 RESOLUTION PC 025-2020 Packet Page 53 Page 7 of 13 RESOLUTION PC 025-2020 Packet Page 54 Page 8 of 13 RESOLUTION PC 025-2020 Packet Page 55 Page 9 of 13 RESOLUTION PC 025-2020 Packet Page 56 Page 10 of 13 RESOLUTION PC 025-2020 Packet Page 57 Page 11 of 13 RESOLUTION PC 025-2020 Packet Page 58 Page 12 of 13 RESOLUTION PC 025-2020 Packet Page 59 Page 13 of 13 RESOLUTION PC 025-2020 Packet Page 60