Loading...
PLAN COMMISSION Packet - 11/9/2020CITY OF MUSKEGO PLAN COMMISSION AGENDA 11/09/2020 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 Approval of the Minutes of the October 6, 2020 meeting. CONSENT BUSINESS RESOLUTION PC 066-2020 Approval of a Building, Site and Operation Plan Amendment for Danny Haskells located at W171 S7260 Lannon Drive / Tax Key No. 2198.001. RESOLUTION PC 068-2020 Approval of a Three-Lot Certified Survey Map for Lynn Kurer located at W143 S7980 Durham Drive / Tax Key No. 2213.999. RESOLUTION PC 074-2020 Approval of a Mother-in-Law Unit for the Kuzminski property located at S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 064-2020 Recommendation to Common Council for a Comprehensive Plan Amendment and Plan Commission approval of a Two-Lot Certified Survey Map for Mark & Lynda Troeger located at S110 W21050 South Denoon Road / Tax Key No. 2284.971. RESOLUTION PC 065-2020 Recommendation to Common Council to amend Sections 392- 22, 392-23, 392-24, and 400-31 of the Municipal Code. RESOLUTION PC 067-2020 Approval of a Building, Site and Operation Plan Amendment for SJ Louis located at the corner of College Avenue and Racine Avenue / Tax Key No. 2177.996. RESOLUTION PC 069-2020 Approval of a Four-Lot Certified Survey Map for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. RESOLUTION PC 070-2020 Approval of a second Four-Lot Certified Survey Map for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. RESOLUTION PC 071-2020 Approval of a Two-Lot Certified Survey Map for Bryon Hrin Packet Page 1 Plan Commission Agenda 2 11/9/2020 6:00:00 PM located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. RESOLUTION PC 072-2020 Approval of a Building, Site and Operation Plan Amendment for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006. RESOLUTION PC 073-2020 Approval of a Three-Lot Certified Survey Map for Dave Weiss located at W133 S8033 Northview Drive / Tax Key No. 2210.999. MISCELLANEOUS BUSINESS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. Packet Page 2 UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 10/06/2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Kubacki Commissioners Bartlett, Buckmaster, Jacques, Graf, Planner Trzebiatowski. Absent: Commissioner Oliver STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes of the September 1, 2020 meeting. Alderman Kubacki made a motion to approve the September 1, 2020 minutes. Commissioner Jacques seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for the Wisconsin Youth Sports Association (WYSA – dba Milwaukee Angels/Midwest Halos) requesting a Conditional Use Grant for the purpose of allowing an indoor baseball/softball training facility under the allowance of “indoor health and fitness facilities” in the BP-3 zoning district located at W160 S6369 Commerce Drive / Tax Key No. 2169.993.013. Planner Trzebiatowski provided a brief overview of the proposed athletic facility and the Conditional Use Grant for Wisconsin Youth Sports Association (WYSA – dba Milwaukee Angels/Midwest Halos). The baseball facility would be in the northern half of the building and all proposed activities would be inside the building. Dr. Peter Parthum, S63 W14899 Garden Terrace, Muskego. Concerns are related to traffic onto College Avenue. Based on the sketch and existing traffic patterns there is a lot of traffic on College Avenue. Currently there are a dozen cars parked on College already for the coffee shop. Would like to see access limited to within the industrial park. Page 1 of 5 Approval of the Minutes of the October 6, 2020 meeting. Packet Page 3 Plan Commission Minutes 2 10/6/2020 6:00:00 PM NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 059-2020 Approval of a Conditional Use Grant and Building, Site and Operation Plan for Nicole Lutz of the Wisconsin Youth Sports Association (WYSA) located at W160 S6369 Commerce Drive / Tax Key No. 2169.993.013. Alderman Kubacki asked about the access to the property. Planner Trzebiatowski mentioned that there is no access proposed to College and the only access is from the industrial park. Alderman Kubacki asked if the truck bays are currently used. Planner Trzebiatowski said they were probably used at some time, but is not sure how long they have been vacant. Planner Trzebiatowski also read an email from Alderman Terrence in support of the proposal. The project and club have a great reputation and will be a great addition to the City. Foot traffic will be spread out enough to not create traffic or parking issues and will be good for the surrounding businesses. Planner Trzebiatowski mentioned parking is really the only issue as the table in the ordinance would require a very large number of parking stalls required based on square footage. However, knowing that this is a baseball infield for practice and batting cages the square footage measurement is not practical. The applicant provided a table with projected parking stalls needed including staff, players, coaches, etc. Staff is recommending a one- year re-review to look at the parking and if parking ever becomes an issue there is a remedy of striping parking stalls in the back of the building. Commissioner Graf feels the one-year review is reasonable. Commissioner Jacques made a motion to approve Resolution PC 059-2020. Alderman Kubacki seconded. Motion to approve passed unanimously. RESOLUTION PC 060-2020 Approval of a Building, Site and Operation Plan Amendment and Recommendation to Common Council for a Zoning Amendment within the PD Zoning District for Presbyterian Homes Wisconsin/Senior Housing Partners located at W147 S6800 Durham Place / Tax key No. 2168.961. Planner Trzebiatowski mentioned that the senior living facility located at the property formerly used by Tess Corners Elementary School is requesting three feet of additional height to allow for a more open floor plan and minor exterior changes. There was a public hearing with two comments that both were related to traffic, which would not be affected by the request for three feet of additional height. This is a recommendation to Council for the Planned Development District amendment in addition to Plan Commission approval of a BSO amendment for the height/architecture changes. Alderman Kubacki is in favor of project as they are making an attractive building even more attractive by adding windows and also the height issue is not bothersome and will have a minimal impact. Planner Trzebiatowski clarified the requested height changing from 27 feet to 30 feet on the Janesville Road side and 37 feet to 40 feet on the Durham side of the building. Commissioner Buckmaster agrees with Alderman Kubacki that the height is not a big issue. Page 2 of 5 Approval of the Minutes of the October 6, 2020 meeting. Packet Page 4 Plan Commission Minutes 3 10/6/2020 6:00:00 PM Mayor Petfalski agrees that the height difference will make the units more marketable and we want developers to be successful when developing in the City and this will be an enhancement to the area. Commissioner Jacques made a motion to approve Resolution PC 060-2020. Commissioner Buckmaster seconded. Motion to approve passed unanimously. RESOLUTION PC 061-2020 Approval of an Accessory Structure for Eric & Sarah Haftarski located at S98 W20680 Parker Drive / Tax Key No. 2277.996.012. Planner Trzebiatowski explained that this structure is metal that does not match the house and a color scheme that does not match the house. They are looking for the traditional rural farmhouse with a white house and red barn. There are some architectural features on the building. Alderman Kubacki made a motion to approve Resolution PC 061-2020. Commissioner Jacques seconded. Motion to approve passed unanimously. RESOLUTION PC 062-2020 Approval of a Two-Lot Certified Survey Map and a Building, Site and Operation Plan for Dunkin located at W189 S7749-97 Racine Avenue / Tax Key No. 2192.970. Planner Trzebiatowski provided an overview of the project being a land division separating a lot from the shopping center. The lot will share access for the remainder of the site. The development will be a shared Dunkin’ and Baskin Robbins store facing toward the east, or Racine Avenue with a drive thru. The building will have a flat roof with parapet walls with a blend of materials including fiber cement panels and siding, a brick veneer and metal trim. The front elevation does not include any masonry while the other sides range from 44 to 59 percent. The front elevation without masonry is an aesthetic feature that Dunkin’ is using as a branding tool and with a variety of materials and colors, so they are hesitant to add another material. There are two areas that staff is seeking revisions. The first being the brick under the drive thru windows wrapping around the front of the building tying the sides together. The other area staff is seeking revisions is in the rear where there is a walk-in cooler that has a screening wall to break up the façade. Staff is recommending a full accent wall or cladding to cover the metal of the walk-in cooler. The back sides of the parapet walls must match the colors, design and materials on all four sides. Commissioner Bartlett questioned the screening of all mechanical units as one appears to not be screened. Planner Trzebiatowski mentioned that the applicant has been made aware of screening requirements. Commissioner Bartlett highly supports the screening of the refrigeration unit in the back. No issues with the materials or colors. Alderman Kubacki asked if the brick banding was expanded to the front what would it add to the percentage. Planner Trzebiatowski did not have the exact percentage but explained that it is not a huge percentage and that architecture is important as well as the percentage. Mayor Petfalski mentioned the masonry under the drive thru windows and it is good to have like materials as materials age differently. Commissioner Bartlett asked if the layouts presented reflect the additional masonry. Planner Trzebiatowski explained that this is the original proposal and does not include the additional masonry as recommended by staff. Page 3 of 5 Approval of the Minutes of the October 6, 2020 meeting. Packet Page 5 Plan Commission Minutes 4 10/6/2020 6:00:00 PM The applicant Nikoletta Scarlatis, representing Dunkin’ said that if they wrapped the brick around the front it would be 9.7 percent masonry. Alderman Kubacki asked if there was any objection by the applicant to wrapping the masonry. The applicant said it is not the brand standard, but would be fine as a condition of approval. Wrapping the rear of the building will be a bigger concern. Alderman Kubacki asked if they understood the concern regarding screening the refrigeration unit. The applicant understood, and thinks this will be a monetary concern for client. Alderman Engelhardt is in favor of commercial development. He does not think they should be restricted on their colors. He is concerned that all sides need to be very presentable and asked if the store is eat-in or drive thru. Planner Trzebiatowski explained that there is limited seating inside and a small outdoor patio. Alderman Engelhardt is just concerned with the viability of past food services coming and going in that area. Alderman Kubacki asked if there are other alternatives to the masonry screening of cooler. Planner Trzebiatowski explained staff has discussed alternatives of cladding the cooler with some material, landscaping, or building something else. The applicant said cladding is difficult. Landscaping may be difficult with the spacing. Commissioner Bartlett asked about the signage and accent wall on the south side of the building and using the same idea on the rear so landscaped screening is needed on either end. Planner Trzebiatowski explained that the distance between the cooler and curb will likely prevent landscaping from being planted in this location. Commissioner Bartlett would be fine with the unit being painted to match the building if the screening wall could cover the entire back of the refrigeration unit. Planner Trzebiatowski asked if the refrigeration unit was enclosed, if the accent wall feature would remain. The applicant said the accent feature would remain and presented a drawing showing the refrigeration unit completed enclosed, but then said that they would likely need to shift the building east to accommodate this shift. Commissioner Bartlett asked about the outdoor seating on the north side by the drive thru stacking and if there was any thought of moving the outdoor seating to the northeast corner, which may draw more interest. The applicant mentioned shrinking the drive area to the 24- foot minimum to possibly expand the outdoor seating and the Plan Commission was in favor if the owner of the development was OK with the easement encroachment. Commissioner Jacques made a motion to approve Resolution PC 062-2020. Commissioner Buckmaster seconded. Motion to approve passed unanimously. RESOLUTION PC 063-2020 Approval of a Building, Site and Operation Plan Amendment for Cornerstone Development for the property located along Loomis Road west of Champions Drive / Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003, and 2264.999. Planner Trzebiatowski explained the proposal of expanding the double-duplexes to add a third garage stall option to four buildings on the site. The garages face one another and expanding the garages would not change this. Alderman Kubacki made a motion to approve Resolution PC 063-2020. Commissioner Jacques seconded. Motion to approve passed unanimously. Page 4 of 5 Approval of the Minutes of the October 6, 2020 meeting. Packet Page 6 Plan Commission Minutes 5 10/6/2020 6:00:00 PM MISCELLANEOUS BUSINESS Discussion of the allowing the continued temporary outdoor seating through the COVID-19 season. Planner Trzebiatowski provided an overview of the process for allowing temporary outdoor seating being a no fee zoning permit and originally discussed through the end of the year. A few people utilized the temporary outdoor seating process. Now we were approached for tents or domes for outdoor seating. Planner Trzebiatowski and Mayor Petfalski discussed this and thought we should continue the same policy as the temporary outdoor seating and as long as this does not hinder the neighborhood or surrounding property, access or safety. The only issue that is being investigated would be heating the tents or domes. Planner Trzebiatowski is expecting information from the building inspectors. Mayor Petfalski wanted first to see if everyone was OK with continuing the same policy and trying to be flexible for businesses right now. Nobody raised any issues. Secondly, Mayor Petfalski asked if Commissioner Bartlett had any experience with heating tents or temporary structures, which he did not. ADJOURNMENT Commissioner Jacques made a motion to adjourn. Commissioner Buckmaster seconded. Motion to approve passed unanimously. Meeting adjourned at 6:47 PM Respectfully Submitted, Aaron Fahl, AICP Associate Planner Page 5 of 5 Approval of the Minutes of the October 6, 2020 meeting. Packet Page 7 City of Muskego Plan Commission Supplement PC 066-2020 For the meeting of: November 9, 2020 REQUEST: Building, Site and Operation Plan Amendment (BSO) for Danny Haskells. W171 S7260 Lannon Drive / Tax Key No. 2198.001 NW ¼ of Section 10 PETITIONER: Mike Kotschi on behalf of Danny Haskells. INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 066-2020 Mike Kotshi of Fiddler Construction, on behalf of Danny Haskells is seeking a Building, Site and Operation (BSO) Plan amendment to allow a new roof structure above the ADA ramp. A permit was obtained to convert the wooden ADA ramp to a concrete ramp and the second component of the project is to construct a roof to cover the new ramp. CONSISTENCY WITH ADOPTED PLANS 066-2020 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is consistent with the plan. Zoning: The property is zoned BL-1 Lakeshore Business District and the proposed amendments are consistent with the code. STAFF DISCUSSION PC 066-2020 As is noted above, Danny Haskells is having a new ADA ramp constructed and as part of the project the applicant wants to add a roof to cover the new ADA ramp along the northern side of the building. The roof structure addition is intended to be constructed with treated wood posts and with an asphalt shingle hip-roof colored to match the existing building on the north side of the building. The roof structure will be located on the north side of the building by the entrance door. Overall, staff feels this covered ADA ramp should be a nice addition to this property. STAFF RECOMMENDATION PC 066-2020 Approval of Resolution PC 066-2020 Page 1 of 5 RESOLUTION PC 066-2020 Packet Page 8 RS-3 SW RS-2 RL-3 RM-3 RL-3 BL-1 PD-2 BL-2 RL-3 PI-1 LANN ON DR SOUTH LN S C H U B R I N G D R B RIAR GAT E LN I Properties Zoning Districts Right-of-Way Hydrography 0 80 160 Feet Danny Haskells W171 S7260 Lannon Drive RESOLUTION #PC 066-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 2 of 5 RESOLUTION PC 066-2020 Packet Page 9 RESOLUTION #P.C. 066-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR DANNY HASKELLS LOCATED IN THE NW ¼ OF SECTION 10 (TAX KEY NO. 2198.001 / W171 S7260 LANNON DRIVE) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment by Mike Kotschi on behalf of Danny Haskells located at W171 S7260 Lannon Drive / Tax Key No. 2198.001, and WHEREAS, The petitioner is proposing to add a new roof structure above the ADA ramp, and WHEREAS, A permit was obtained to convert the wooden ADA ramp to a concrete ramp and the second component of the project is to construct a roof to cover the new ramp, and WHEREAS, The roof structure addition is intended to be constructed with treated wood posts and with an asphalt shingle hip-roof colored to match the existing building on the north side of the building, 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 Danny Haskells located at W171 S7260 Lannon Drive / Tax Key No. 2198.001. BE IT FURTHER RESOLVED, The shingles on the roof must match the shingles on the existing building. 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 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: November 9, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 3 of 5 RESOLUTION PC 066-2020 Packet Page 10 Page 4 of 5 RESOLUTION PC 066-2020 Packet Page 11 Page 5 of 5 RESOLUTION PC 066-2020 Packet Page 12 City of Muskego Plan Commission Supplement PC 068-2020 For the meeting of: November 9, 2020 REQUEST: Three (3) Lot Land Division – Certified Survey Map W143 S7980 Durham Drive / Tax Key No. 2213.999 NE ¼ of Section 14 PETITIONER: Lynn Kurer INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 068-2020 The petitioner is proposing to divide a large farm lot and create three new lots by Certified Survey Map (CSM). The proposed lots range from approximately 0.88 acres to 0.96 acres in size. The property is located along Durham Drive south of the bike trail. PLAN CONSISTENCY PC 068-2020 Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RS-2 – Suburban Residence District. This zoning requires minimum lot sizes of 20,000 SF and an average lot width of 110’ since the lots are served by municipal sanitary sewer. The proposal is consistent with the Code. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property. In the back portions of the lots and behind the new lots are considered high conservation areas. Most of high conservation areas 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 lots will be served by municipal sanitary sewer. The proposal is consistent with the plan. Water Capacity Assessment District: The lots will be served by municipal water. 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. DISCUSSION PC 068-2020 Page 1 of 5 RESOLUTION PC 068-2020 Packet Page 13 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. Recapture fees for the utilities that have been previously installed will be due prior to recording of the subdivision. There is a remnant lot that is not included as part of this CSM since it is over twenty (20) acres in size and since it is not intended to be developed any further at this 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 068-2020 Approval of Resolution PC 068-2020 Page 2 of 5 RESOLUTION PC 068-2020 Packet Page 14 RS-2 SW BL-1 RC-2 D U R H A M D R SCHULTZ LN LAURA LN I Properties Zoning Districts Right-of-Way Hydrography 0 150 300 Feet Lynn Kurer W143 S7980 Durham Drive RESOLUTION #PC 068-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 5 RESOLUTION PC 068-2020 Packet Page 15 RESOLUTION #P.C. 068-2020 APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR THE KURER PROPERTY LOCATED AT W143 S7980 DURHAM DRIVE / TAX KEY NO. 2213.999 WHEREAS, A Certified Survey Map (CSM) was submitted by Lynn Kurer for a three (3) lot land division located at W143 S7980 Durham Drive / Tax Key No. 2213.999, and WHEREAS, The proposed lots range from approximately 0.88 acres to 0.96 acres in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of 20,000 SF with a minimum average width of 110 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All three lots will be served by municipal sewer and water, and WHEREAS, All three lots have direct access to Durham Drive, and WHEREAS, There is a remnant lot that is not included as part of this CSM since it is over twenty (20) acres in size and since it is not intended to be developed any further at this time. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Lynn Kurer for a three (3) lot land division located at W143 S7980 Durham Drive / Tax Key No. 2213.999, 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, 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: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 068-2020 Packet Page 16 Page 5 of 5 RESOLUTION PC 068-2020 Packet Page 17 City of Muskego Plan Commission Supplement PC 074-2020 For the meeting of: November 9, 2020 REQUEST: Approval of a Mother-in-Law/Family Unit S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104 SW ¼ of Section 1 PETITIONER: Richard Lass for Julian & Darelyn Kuzminski INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 074-2020 The petitioner is proposing to construct a mother-in-law/family unit for the owners as an addition to their existing duplex. Mother-in-law/family units are allowed as a permitted accessory use in residential zonings subject to certain conditions. A permit was obtained for the addition and it was found after construction began that the intent was for the addition to be used as a mother-in- law unit. STAFF DISCUSSION PC 074-2020 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 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. 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 has been identified that it will be used by related persons to the family, and shows that it will be self-supporting in livable needs and will have a passage to the main residence and a door directly to the outside. The area defined by the petitioner as the mother-in-law/family unit is 682 square feet in size. The proposal meets all of the code requirements. STAFF RECOMMENDATION PC 074-2020 Approval of Resolution # PC 074-2020 Page 1 of 7 RESOLUTION PC 074-2020 Packet Page 18 PD-4 RS-2 HA L E P A R K D R FENNIMO R E L N TESS CO R N E R S D R I Properties Zoning Districts Right-of-Way Hydrography 0 50 100 Feet Julian & Darelyn KuzminskiS70 W13478-80 Fennimore Lane RESOLUTION #PC 074-2020Supplemental Map Prepared by City of Muskego Planning Department Page 2 of 7 RESOLUTION PC 074-2020 Packet Page 19 RESOLUTION #P.C. 074-2020 APPROVAL OF A MOTHER-IN-LAW/FAMILY UNIT FOR THE KUZMINSKI PROPERTY LOCATED IN THE SW ¼ OF SECTION 1 (TAX KEY NO. 2163.104 / S70 W13478-80 FENNIMORE LANE) WHEREAS, A petition for a mother-in-law/family unit was submitted by Richard Lass on behalf of Julian & Darelyn Kuzminski for the property located in the SW ¼ of Section 1 (Tax Key No. S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104), and WHEREAS, Said property is zoned PD-4 Hale Park Meadows Planned Development 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 682 square feet in size and will be located in the basement of the existing residence, and WHEREAS, All neighbors within 100 feet have been notified as required. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the mother-in- law/family unit for the Kuzminski residence located in the SW ¼ of Section 1 (S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104). 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 682 square feet. BE IT FURTHER RESOLVED, That the Plan Commission approves of the mother-in-law/family unit at 682 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 initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 3 of 7 RESOLUTION PC 074-2020 Packet Page 20 Page 4 of 7 RESOLUTION PC 074-2020 Packet Page 21 Page 5 of 7 RESOLUTION PC 074-2020 Packet Page 22 Page 6 of 7 RESOLUTION PC 074-2020 Packet Page 23 Page 7 of 7 RESOLUTION PC 074-2020 Packet Page 24 City of Muskego Plan Commission Supplement PC 064-2020 For the meeting of: November 9, 2020 REQUEST: Recommendation to Council for a Comprehensive Plan Amendment from Rural Density Residential to Medium Density Residential and Approval of a Certified Survey Map for Mark & Lynda Troeger. S110 W21050 South Denoon Road / Tax Key No. 2284.971 and 2283.997.001 SE ¼ of Section 31 PETITIONER: Mark & Lynda Troeger INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 064-2020 The petitioners are seeking to use both of their properties to create a new residential lot and adjust the lot lines of the existing lot. The proposed lots are approximately 2.7 acres and 1.4 acres in size. In order to meet the density requirements of the Comprehensive Plan an amendment is needed. The Plan Commission recently reviewed this land division as a conceptual review in August of this year. PLAN CONSISTENCY PC 064-2020 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential uses (<0.49 units/acre). The Comprehensive Plan amendment to medium density residential uses would allow between 1 and 2.99 units per acre. The proposed land division will be consistent with the amended Comprehensive Plan request of medium density residential uses. Zoning: The property is zoned RS-2 Suburban Residence District. That district requires lots to be at least 20,000 square feet in area with a minimum average width of at least 110 feet. The proposed concept is consistent with the Zoning Code. Adopted 208 Sanitary Sewer Service Area: The current home is serviced via public sanitary sewer. The applicant would need to contact the Utilities Department to further explore the options for an additional sewer connection. Water Capacity Assessment District: The existing home is serviced with a private well and the new home would be also. Page 1 of 6 RESOLUTION PC 064-2020 Packet Page 25 DISCUSSION PC 064-2020 2020 Comprehensive Plan Amendment As mentioned above, the 2020 Comprehensive Plan depicts the area for rural density residential uses. The proposal is to amend the Comprehensive Plan to Medium Density Residential uses to accommodate the land division and also to be consistent with the residential properties immediately east of this proposal. A public hearing was held before the Common Council on October 27, 2020 and there were not any public comments regarding the proposed 2020 Comprehensive Plan amendment. Certified Survey Map Upon initial review of the CSM, the bulk requirements of the code appear to be met with the exception of public access. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM being signed by the City and recorded. As discussed with the conceptual land division, neither the existing lot nor the new lot have direct frontage on a public right-of-way and will need a waiver from the Plan Commission to create the lot. These two lots along with the five neighboring lots utilize a, existing 33-foot access easement that extends south to South Denoon Road. There were no concerns with the additional lot utilizing the access easement at the conceptual discussion and public hearing. 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 064-2020 Approval of Resolution PC 064-2020 Page 2 of 6 RESOLUTION PC 064-2020 Packet Page 26 SW A-1 RS-2 RL-2 RS-2 I Properties Zoning Districts Right-of-Way Hydrography 0 100 200 Feet Mark & Lynda Troeger S110 W21050 South Denoon Road RESOLUTION #PC 064-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 6 RESOLUTION PC 064-2020 Packet Page 27 RESOLUTION #P.C. 064-2020 APPROVAL OF A CERTIFIED SURVEY MAP AND RECOMMENDATION TO COUNCIL FOR A 2020 COMPREHENSIVE PLAN AMENDEMENT FOR MARK & LYNDA TROEGER LOCATED IN THE SE ¼ OF SECTION 31 (S110 W21050 SOUTH DENOON ROAD / TAX KEY NO. 2284.971 AND 2283.997.001) WHEREAS, A Certified Survey Map and petition for a 2020 Comprehensive Plan amendment were submitted for Mark & Lynda Troeger located in the SE ¼ of Section 31 (S110 W21050 South Denoon Road / Tax Key No. 2284.971 and 2283.997.001), and WHEREAS, The 2020 Comprehensive Plan identifies this area for Rural Density uses and will need an amendment to Medium Density Residential uses, and WHEREAS, The proposal is to amend the Comprehensive Plan to Medium Density Residential uses to accommodate the land division and also to be consistent with the residential properties immediately east of this proposal, and WHEREAS, A Public Hearing for the 2020 Plan amendment was heard before the Common Council on October 27, 2020, and WHEREAS, The proposed CSM contains two (2) lots that are approximately 2.7 and 1.4 acres in size, and WHEREAS, As discussed with the conceptual land division, neither the existing lot nor the new lot have direct frontage on a public right-of-way, and WHEREAS, The applicants are seeking a waiver to the public right-of-way frontage requirement and will utilize the existing 33-foot access easement that extends south to South Denoon Road with the five neighboring lots, and WHEREAS, The Certified Survey Map is in the review process and all technical corrections must be addressed before recording, and WHEREAS, The new development will be served by municipal sanitary sewer and private water wells. THEREFORE BE IT RESOLVED, That the Plan Commission approves a Certified Survey Map for Mark & Lynda Troeger in the SE ¼ of Section 31 (S110 W21050 South Denoon Road / Tax Key No. 2284.971 and 2283.997.001) subject to resolution of technical discrepancies as identified by the Planning Division and Engineering Division, and payment of all applicable fees in the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council to amend the 2020 Comprehensive Plan from Rural Density Residential uses to Medium Density Residential uses. BE IT FURTHER RESOLVED, The Plan Commission waives the requirement to have direct frontage on a public right of way in lieu of the residents using the existing 33-foot access easement that extends south to South Denoon Road. 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: November 9, 2020 Page 4 of 6 RESOLUTION PC 064-2020 Packet Page 28 Page 2 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 5 of 6 RESOLUTION PC 064-2020 Packet Page 29 0 100 200 300 Page 6 of 6 RESOLUTION PC 064-2020 Packet Page 30 City of Muskego Plan Commission Supplement PC 065-2020 For the meeting of: November 9, 2020 REQUEST: Recommendation to Common Council to amend Chapters 392 (Land Division) and 400 (Zoning) PETITIONER: City of Muskego INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 065-2020 Staff had been directed by the Common Council/Committee of the Whole and the Plan Commission to research and provide modifications to the Zoning Code. This is a case here where we are updating the Code for mapping and platting to mirror Waukesha County and to ensure the Common Council is involved in processes that may be litigious. A public hearing for the Zoning Code amendments was held on Tuesday, October 27, 2020 before the Common Council. There are two general Municipal Code topics that are part of the proposed amendments. The first topic relates to the horizonal datum that the City uses for surveying and within its GIS system. The proposed change will mirror the datum that is used throughout Waukesha County. It changes from State Plane NAD 1927 Wisconsin South Zone to State Plane NAD 1983_2011 State Plane Wisconsin South. This reference is being changed in three locations within the code as is noted below. As part of these changes, we also cleaned up some other miscellaneous wording in each section to conform to current standards. Section 392-22D(2)(a) - A digital *.DXF, *.DGN file, or *.DWG file of the preliminary plat shall must be submitted to the City on three-and-one-half-inch diskette a flash drive, DVD or CD ROM concurrent with the preliminary plat submittal, and all information shall be tied to and referenced to the State Plane NAD 1927 Wisconsin South Zone State Plane NAD 1983_2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time. Section - 392-23C(8) - A digital *.DXF, *.DGN file, or *.DWG file of the final plat must be submitted to the City on three-and- one-half-inch diskette a flash drive, DVD or CD ROM prior to City signatures being placed on the final plat, and all information shall be tied to and referenced to the State Plane NAD 1927 Wisconsin South Zone State Plane NAD 1983_2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time. Section 392-24C(6) - A digital *.DXF, *.DGN file, or *.DWG file of the certified survey map must be submitted to the City on three-and-one-half-inch diskette a flash drive, DVD or CD ROM prior to City signatures being placed Page 1 of 3 RESOLUTION PC 065-2020 Packet Page 31 on the certified survey map, and all information shall be tied to and referenced to the State Plane NAD 1927 Wisconsin South Zone State Plane NAD 1983_2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time. The second topic relates to clarifying who can grant variances for the groundwater separation requirement in Section 400-31B(1). Currently the code states that the Public Works and Safety Committee has the ability to grant said groundwater variances. Due to the complexity and possible legal implications of these types of groundwater variance requests, the proposed changes will still involve review and recommendation by the Public Works and Safety Committee but with confirmation and approval by the Common Council. Section 400-31B(1) - Adequate drainage required. No principal building shall be erected, structurally altered, or relocated on land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest floor level is less than two feet above the highest anticipated seasonal groundwater level. An occupancy permit and zoning permit shall not be issued for any lot where the grading plan approved for that lot at the time of its platting has not been accomplished. Any variances to this requirement can only be made by the Public Works and Safety Committee. Any variances to this requirement shall be reviewed by the Public Works and Safety Committee with a recommendation being made by said Committee to the Common Council for confirmation and approval. STAFF RECOMMENDATION PC 065-2020 Approval of Resolution PC 065-2020 Page 2 of 3 RESOLUTION PC 065-2020 Packet Page 32 RESOLUTION #P.C. 065-2020 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTERS 392 AND 400 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO WHEREAS, Chapter 392 regulates land division processes and regulations within the City of Muskego and portions of the ordinances to be modified, and WHEREAS, Chapter 400 regulates zoning regulations within the City of Muskego and portions of the ordinances requires modification, and WHEREAS, A public hearing took place to consider the amendments on October 27, 2020, and WHEREAS, The specific sections being amended include: Sections 392-22, Section 392-23 and Section 400-31, and WHEREAS, The proposed amendments relate to surveying and mapping datum and the Board responsible for granting variances specifically related to the lowest floor level in relation to groundwater elevations. THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council for changes to Chapter 392 and 400 of the Municipal Code. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 3 of 3 RESOLUTION PC 065-2020 Packet Page 33 City of Muskego Plan Commission Supplement PC 067-2020 For the meeting of: November 9, 2020 REQUEST: Building, Site and Operation Plan Amendment (BSO) for SJ Louis. SE Corner of College Avenue and Racine Avenue / Tax Key No. 2177.996 NE ¼ of Section 5 PETITIONER: SJ Louis Construction INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 067-2020 Chris Johnson of SJ Louis Construction is seeking a Building, Site and Operation (BSO) Plan amendment to allow an area for temporary storage of construction equipment and materials for the Waukesha Water project. CONSISTENCY WITH ADOPTED PLANS 067-2020 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal would be considered a commercial use that is ancillary to the large utility construction project for the City of Waukesha. Zoning: The property is zoned B-3 General Business District. Staff feels this would be an Unclassified use subject to Plan Commission determination per 400- 22 (C) of the Municipal Code. STAFF DISCUSSION PC 067-2020 As is noted above, SJ Louis Construction is seeking approval to store construction equipment and materials for the Waukesha Water construction project. As part of the Waukesha Water project, the City of Waukesha is required to return the same amount of water being diverted to the City back to the Lake Michigan basin. Even though the return water flow project will be traversing the eastern side of Muskego, a significant portion of the project is just north of Muskego along Racine Avenue and I-43. Therefore, this location is being sought for the storage of construction equipment and materials. Access to the site would be from the existing driveway along Racine Avenue pending approval from Waukesha County as Racine Avenue is a County Highway. From there, a driveway loop would be would be created where materials and equipment would be located. Material storage would include pipe materials, tool storage and other miscellaneous construction materials. SJ Louis will install proper erosion control devices and is considering stripping topsoil and installing gravel for the driveway. In order to keep the site and Racine Avenue clean, staff believes that all areas impacted by this use including storage areas and driveway areas must have gravel installed. The Resolution is drafted as such. Any gravel used will be removed, the site restored to match current conditions when the project is completed. An anticipated project deadline is September 15, 2022, so the land must be restored with proper vegetation growth prior to winter 2022. Page 1 of 6 RESOLUTION PC 067-2020 Packet Page 34 All needed land disturbance permits will be needed to ensure all erosion control measures are installed and maintained throughout the duration of the project. Overall, staff feels that using this property for a temporary storage area for equipment and materials for the Waukesha Water project is suitable and will not have any negative impacts to the City. STAFF RECOMMENDATION PC 067-2020 Approval of Resolution PC 067-2020 Page 2 of 6 RESOLUTION PC 067-2020 Packet Page 35 B-3 I-1 PD-19 RC-3 COLLEGE AVE RAC INE AV E REGENCY CT I Properties Zoning Districts Right-of-Way Hydrography 0 160 320 Feet SJ Louis Construction College Avenue and Racine Avenue RESOLUTION #PC 067-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 6 RESOLUTION PC 067-2020 Packet Page 36 RESOLUTION #P.C. 067-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR SJ LOUIS CONSTRUCTION LOCATED IN THE NE ¼ OF SECTION 5 (SE CORNER OF COLLEGE AVENUE AND RACINE AVENUE / TAX KEY NO. 2177.996) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment by Chris Johnson of SJ Louis Construction located at SE Corner of College Avenue and Racine Avenue / Tax Key No. 2177.996, and WHEREAS, The petitioner is proposing an area for temporary storage of construction equipment and materials for the Waukesha Water project, and WHEREAS, Access to the site would be from the existing driveway along Racine Avenue pending approval from Waukesha County as Racine Avenue is a County Highway, and WHEREAS, A driveway loop would be would be created where materials and equipment would be located, and WHEREAS, Material storage would include pipe materials, tool storage and other miscellaneous construction materials, and WHEREAS, Any gravel used will be removed, the site restored to match current conditions when the project is completed, and WHEREAS, An anticipated project deadline is September 15, 2022, so the land must be restored with proper vegetation growth prior to winter 2022, 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 SJ Louis Construction located at SE Corner of College Avenue and Racine Avenue / Tax Key No. 2177.996. BE IT FURTHER RESOLVED, All areas impacted by this use including storage areas and driveway areas must have gravel installed. BE IT FURTHER RESOLVED, All needed land disturbance permits will be needed to ensure all erosion control measures are installed and maintained throughout the duration of the project. 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 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: November 9, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 4 of 6 RESOLUTION PC 067-2020 Packet Page 37 Page 5 of 6 RESOLUTION PC 067-2020 Packet Page 38 Page 6 of 6 RESOLUTION PC 067-2020 Packet Page 39 City of Muskego Plan Commission Supplement PC 069-2020 For the meeting of: November 9, 2020 REQUEST: Four (4) Lot Land Division – Certified Survey Map S99 W20523 Parker Drive / Tax Key No. 2280.999.014 SE ¼ of Section 30 PETITIONER: Bryon Hrin INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 069-2020 The petitioner is seeking to divide a farm lot into eight separate lots. By using a Certified Survey Map (CSM) he is limited to four lots per CSM. This proposal is to create four new lots by CSM. The proposed lots range from approximately 2.75 acres to the large parent parcel of 16.9 acres in size. The applicant originally owned 38+ acres of land located on the south side of Parker Drive. Four lots and an unimproved road right-of-way were divided off in 2006. All of those lots were 2.76 acres in size each. In 2018, the applicant obtained Plan Commission and Common Council approval for another land division for three additional lots to sell, with the farm remaining on the remnant acreage. While that division was approved, it was not recorded. Those three lots were rezoned to RCE, from A-1 with the farm lot remaining A-1. As part of this division, the road was required to be fully improved to City standards. Since the CSM was never recorded, the road was never improved. In 2019 and 2020, the applicant presented multiple options as conceptual master layout plans to the Plan Commission for discussion. The application submitted now is reflective of the most recent conceptual layout discussed by the Plan Commission. PLAN CONSISTENCY PC 069-2020 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses (<0.49 units/acre). The proposed concept is consistent with the Plan. Zoning: Lots 1, 2 and 3 were previously rezoned to RCE along with the frontage of Lot 4 of this CSM based on a past master layout of the property. The remaining land of Lot 4 zoned A-1. The applicant had previously expressed interest in rezoning everything to RCE, but that has not occurred at this point. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property or any significant conservation areas. Page 1 of 5 RESOLUTION PC 069-2020 Packet Page 40 Street System Plan: All required right-of-way for Parker Drive will be dedicated as part of this CSM. With the additional lots, Madyson Court must be improved to City standards. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lots will be served by private septic systems. The proposal is consistent with the plan. Water Capacity Assessment District: The lots will be served by private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department is in the process of reviewing the development in its entirety including the grading and overall stormwater management plan to serve the entire development. DISCUSSION PC 069-2020 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. As part of this CSM, a new cul-de-sac bulb at the end of Madyson Court will be dedicated to the City. Also shown is the existing cul-de-sac bulb being vacated. The right-of-way vacation cannot occur on a CSM and will require a separate process and a document to be recorded separately. Lot 3 of this CSM has a wetland that splits the lot in half and there is no access to Parker Drive from Lot 3. Therefore, an access easement will be needed in order to reach the buildable portion of lot. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 069-2020 Approval of Resolution PC 069-2020 Page 2 of 5 RESOLUTION PC 069-2020 Packet Page 41 A-1 RCE PARK ER D R MA D YSON C T I Properties Zoning Districts Right-of-Way Hydrography 0 230 460 Feet Bryon Hrin S99 W20523 Parker Drive RESOLUTION #PC 069-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 5 RESOLUTION PC 069-2020 Packet Page 42 RESOLUTION #P.C. 069-2020 APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE HRIN PROPERTY LOCATED AT S99 W20523 PARKER DRIVE / TAX KEY NO. 2280.999.014 WHEREAS, A Certified Survey Map (CSM) was submitted by Bryon Hrin for a four (4) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, and WHEREAS, The proposed lots range from approximately 2.75 acres to the large parent parcel of 16.9 acres in size, and WHEREAS, Lots 1, 2, 3 and the Madyson Court Frontage of Lot 4 is zoned RCE Country Estates District and requires minimum lot sizes of 120,000 SF with a minimum average width of 250 feet per lot, and WHEREAS, The bulk of Lot 4 is zoned A-1 Agricultural, which requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All lots will be served by private septic and well, and WHEREAS, A new cul-de-sac bulb at the end of Madyson Court will be dedicated to the City, and WHEREAS, The right-of-way vacation will require a separate process and a document to be recorded separately, and WHEREAS, Lots 1, 2 and 4 all have direct access to Madyson Court while Lot 4 also has access to Parker Drive, and WHEREAS, Lot 3 will need an access easement in order to reach the buildable portion of lot due to wetlands on site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Bryon Hrin for a four (4) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, 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, 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: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 069-2020 Packet Page 43 Page 5 of 5 RESOLUTION PC 069-2020 Packet Page 44 City of Muskego Plan Commission Supplement PC 070-2020 For the meeting of: November 9, 2020 REQUEST: Four (4) Lot Land Division – Certified Survey Map S99 W20523 Parker Drive / Tax Key No. 2280.999.014 SE ¼ of Section 30 PETITIONER: Bryon Hrin INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 070-2020 The petitioner is seeking to divide a farm lot into eight separate lots. By using a Certified Survey Map (CSM) he is limited to four lots per CSM. This proposal is to create four new lots by CSM from Lot 4 of the CSM from Resolution PC 069-2020. The proposed lots range from approximately 2.9 acres to 5.6 acres in size. PLAN CONSISTENCY PC 070-2020 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses (<0.49 units/acre). The proposed concept is consistent with the Plan. Zoning: The area of Lots 1 and 2 fronting Madyson Court are zoned RCE. The bulk of these lots and Lot 3 and 4 are zoned A-1 Agriculture, which requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property or any significant conservation areas. Street System Plan: All required right-of-way will have been dedicated to the City. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lots will be served by private septic systems. The proposal is consistent with the plan. Water Capacity Assessment District: The lots will be served by private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department is in the process of reviewing the development in its entirety including the grading and overall stormwater management plan to serve the entire development. DISCUSSION PC 070-2020 Page 1 of 5 RESOLUTION PC 070-2020 Packet Page 45 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. As part of this CSM, the area encompassing all of the outbuildings/accessory structures is part of Lot 3. Based on the size of Lot 3 accessory structures totaling 4,196.2 square feet could be allowed. The existing accessory structures total 12,995 square feet. Therefore, the total accessory structure square footage will need to be reduced to meet the Code. The applicant has discussed asking for Rustic Structure designation on his accessory structures to allow them to remain with the land division and smaller lot size. The rustic structure status must first be reviewed by the Parks and Conservation Committee prior to a conditional use hearing with the Plan Commission. 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 070-2020 Approval of Resolution PC 070-2020 Page 2 of 5 RESOLUTION PC 070-2020 Packet Page 46 A-1 RCE PARK ER D R MA D YSON C T I Properties Zoning Districts Right-of-Way Hydrography 0 230 460 Feet Bryon Hrin S99 W20523 Parker Drive RESOLUTION #PC 070-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 5 RESOLUTION PC 070-2020 Packet Page 47 RESOLUTION #P.C. 070-2020 APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE HRIN PROPERTY LOCATED AT S99 W20523 PARKER DRIVE / TAX KEY NO. 2280.999.014 WHEREAS, A Certified Survey Map (CSM) was submitted by Bryon Hrin for a second four (4) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, and WHEREAS, The proposed lots range from approximately 2.9 acres to 5.6 acres in size, and WHEREAS, The lots are zoned A-1 Agricultural, which requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All lots will be served by private septic and well, and WHEREAS, Lots 1, 2 will have direct access to Madyson Court while Lots 3 and 4 have access to Parker Drive, and WHEREAS, The total accessory structure square footage will need to be reduced to meet the Code, unless rustic structure Conditional Use Grant is approved by the City. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Bryon Hrin for a four (4) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, 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, 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: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 070-2020 Packet Page 48 Page 5 of 5 RESOLUTION PC 070-2020 Packet Page 49 City of Muskego Plan Commission Supplement PC 071-2020 For the meeting of: November 9, 2020 REQUEST: Two (2) Lot Land Division – Certified Survey Map S99 W20523 Parker Drive / Tax Key No. 2280.999.014 SE ¼ of Section 30 PETITIONER: Bryon Hrin INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 071-2020 The petitioner is seeking to divide a single lot from a concurrent land division into two lots via Certified Survey Map (CSM). This proposal is to create one buildable lot and then a second lot that will be used for stormwater management facilities for the entire development. The proposed lots range from approximately 3.4 acres to 2.1 acres in size. The 2.1-acre lot will be used as an outlot for the stormwater facilities. PLAN CONSISTENCY PC 071-2020 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses (<0.49 units/acre). The proposed concept is consistent with the Plan. Zoning: The lots are zoned A-1 Agriculture, which requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot. Lot 2 is substandard but will be an outlot for stormwater. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property or any significant conservation areas. Street System Plan: All required right-of-way will have been dedicated to the City. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lots will be served by private septic systems. The proposal is consistent with the plan. Water Capacity Assessment District: The lots will be served by private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department is in the process of reviewing the development in its entirety including the grading and overall stormwater management plan to serve the entire development. DISCUSSION PC 071-2020 Page 1 of 5 RESOLUTION PC 071-2020 Packet Page 50 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. As part of this CSM, Lot 2 that will be used for stormwater management. As mentioned above, the engineering department is in the process of reviewing the stormwater management and the two detention ponds. 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 071-2020 Approval of Resolution PC 071-2020 Page 2 of 5 RESOLUTION PC 071-2020 Packet Page 51 A-1 RCE PARK ER D R MA D YSON C T I Properties Zoning Districts Right-of-Way Hydrography 0 230 460 Feet Bryon Hrin S99 W20523 Parker Drive RESOLUTION #PC 071-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 5 RESOLUTION PC 071-2020 Packet Page 52 RESOLUTION #P.C. 071-2020 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE HRIN PROPERTY LOCATED AT S99 W20523 PARKER DRIVE / TAX KEY NO. 2280.999.014 WHEREAS, A Certified Survey Map (CSM) was submitted by Bryon Hrin for a two (2) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, and WHEREAS, The proposed lots range from approximately 3.4 acres to 2.1 acres in size, and WHEREAS, The lots are zoned A-1 Agricultural, which requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All lots will be served by private septic and well, and WHEREAS, Lot 1 will have direct access to Parker Drive, and WHEREAS, The 2.1-acre lot will be used as an outlot for the stormwater facilities for the entire development. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Bryon Hrin for a two (2) lot land division located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014, 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, 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: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 071-2020 Packet Page 53 Page 5 of 5 RESOLUTION PC 071-2020 Packet Page 54 City of Muskego Plan Commission Supplement PC 072-2020 For the meeting of: November 9, 2020 REQUEST: Approval of a Building, Site, and Operation Plan Amendment (BSO) for Milk Can Hamburgers & Custard S73 W16770 Janesville Road / Tax Key No. 2198.984.006 NW ¼ of Section 10 PETITIONER: Jared Eggener of MOO Inc 2 dba Milk Can Hamburgers & Custard INTRODUCED: November 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 072-2020 A submittal was received from MOO Inc 2 for a BSO amendment to convert the former Arby’s restaurant building into Milk Can Hamburgers & Custard. Milk Can Hamburgers & Custard is a fast-casual restaurant serving old-fashioned hamburgers, chicken sandwiches, hot dogs, fries, cheese curds, onion rings, shakes and custard. CONSISTENCY WITH ADOPTED PLANS 072-2020 Comprehensive Plan: The 2020 Plan depicts the property as Commercial use. The petition is consistent with the Plan. Zoning: The property is zoned B-4, Highway Business District. The use is permitted subject to BSO approval. Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: All streets are dedicated to their ultimate widths. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: Public sanitary sewer serves the property. The proposal is consistent with the Plan. Water Capacity Assessment District: The restaurant will be serviced via private well. The proposal is consistent with the Plan. Stormwater Management Plan: Storm water is managed with the existing facilities. The proposal is consistent with the Plan. General Design Guide The General Design Guide and the Downtown Design Guide govern this area. See comments below about building design. STAFF DISCUSSION PC 072-2020 The applicant is proposing to make changes to the existing Arby’s building for the Milk Can Hamburger brand. The existing building and drive thru will be remain, however the BSO Amendment is needed for the façade and site changes that are proposed. In addition to using the building for a new restaurant, the applicant also discussed parking their Milk Can Scoop Shop Custard Trailer on the last stall adjacent to the building to allow for additional sales during the summer months. Queueing for the food trailer would be on the north side of the food truck prior to the drive thru lane. The proposed hours of the business are Page 1 of 14 RESOLUTION PC 072-2020 Packet Page 55 10:00 AM to 11:00 PM to start with the possibility of adding a breakfast option and opening the restaurant at 7:00 AM. The business is anticipating daily traffic counts for 20 employees and 270 guests. Architecture This property is governed by the General Design Guide and the Downtown Design Guide. The façade of the existing building will be altered for the new brand. All four sides of the building are being painted a mixture of gray, red and bronze to begin. This work was discussed with the City and the applicant acknowledged that this work was being done at their own risk pending approval from the Plan Commission. The second phase of exterior building changes is to include covering the masonry in front with a distressed wood wrap and galvanized canopies as a rustic tribute to classic Wisconsin hamburger stands. In doing so, the masonry percentage on the front of the building will drop from nearly 100% to zero. As discussed in the past, the City’s design guides typically look for about 50% masonry, but the overall quality of the design and material usage is just as important. The drive thru window section will also be clad with distressed wood on the columns at the corners of the building. Site, Parking, and Access The site will largely remain the same as it was used for Arby’s with two main alterations. A new outdoor patio outside the front of the building will fit 22 seats with tables for outdoor dining. The patio area will be separated from traffic with a fence of masonry posts that will be painted to match the building and horizontal distressed wood planks. Lanterns to match the wall lights will be mounted atop each of the masonry posts. The second alteration is expanding the pavement of the drive thru lane towards Janesville Road. The drive aisle must remain at least 12 feet wide for one-way traffic and must also remain at least three feet from the property line. The site plan shows some estimated distances at this time but a survey will be needed to verify the proposed width and setback before the building permits can be issued. The existing brick dumpster enclosure is shown in the northeast corner of the site and there is no indication that any changes to the dumpster enclosure will occur. If the painting of the building leaves the dumpster enclosure a different color than the building, the enclosure will need to be painted to match the building color(s). Landscaping New landscaping beds are proposed by the outdoor patio area along with repairing the existing planters near the building. Previously street trees were removed from the Janesville side of the store. The applicant is replacing two trees on the southwest side of the property that were previously removed. However, street trees must be located in the front of the property along Janesville Road to replace what was removed. A revised landscape plan must be resubmitted addressing the missing street trees and approved by City staff. Signage Some signage details have been provided and discussions regarding signage has occurred for this project. In general, a sign on the building is proposed and a monument sign. Formal signage review will occur via separate sign permits. Lighting Many of the exterior wall light fixtures are proposed to be covered with a galvanized shroud providing an aesthetic feature. The plans indicate that the lighting will all be building and column mounted around the patio. The fixtures proposed have a visible light source. Typically, all lighting must be zero-degree tilt and full cut-off. In the past, Plan Commission has allowed lighting similar to what was proposed with the exception that the light source be concealed with etched or tinted glass, which allow the light to be cast as intended without a visible light source. Pending Plan Commission discussion, revised light fixtures must be submitted for staff approval. The following are also part of the Plan Commission resolution: BE IT FURTHER RESOLVED, That any bollards, railings, ladders, etc. must be painted to match the colors of the principal structure. Page 2 of 14 RESOLUTION PC 072-2020 Packet Page 56 BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or mounted to the building so they are not moveable. BE IT FURTHER RESOLVED, That all new and replaced roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, No overnight storage of materials and commercial vehicles is allowed on the premises, including food trucks and food trailers. STAFF RECOMMENDATION PC 072-2020 Approval of Resolution PC 072-2020 Page 3 of 14 RESOLUTION PC 072-2020 Packet Page 57 B-4 PD-1 I-1 PD-2 PI-1 PD-50 DR-1 CI-1 PARKLAND DR J A N E S V I L L E R D BRIARGATE LN I Properties Zoning Districts Right-of-Way Hydrography 0 110 220 Feet Milk Can Hamburgers & Custard S73 W16770 Janesville Road RESOLUTION #PC 072-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 4 of 14 RESOLUTION PC 072-2020 Packet Page 58 RESOLUTION #P.C. 072-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR MILK CAN HAMBURGERS & CUSTARD LOCATED IN THE NW ¼ OF SECTION 10 (S73 W16770 JANESVILLE ROAD / TAX KEY NO. 2198.984.006) WHEREAS, A submittal was received from Jared Eggener of MOO Inc 2 dba Milk Can Hamburgers & Custard for a Building, Site and Operation Plan Amendment (BSO) located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006, and WHEREAS, The petitioner is proposing to convert the former Arby’s restaurant building into Milk Can Hamburgers & Custard, and WHEREAS, The existing building and drive thru will be remain, however the BSO Amendment is needed for the façade and site changes that are proposed, and WHEREAS, the applicant also discussed parking their Milk Can Scoop Shop Custard Trailer on the last stall adjacent to the building to allow for additional sales during the summer months, and WHEREAS, The proposed hours of the business are 10:00 AM to 11:00 PM to start with the possibility of adding a breakfast option and opening the store at 7:00 AM, and WHEREAS, The business is anticipating daily traffic counts for 20 employees and 270 guests, and WHEREAS, This property is governed by the General Design Guide and the Downtown Design Guide, and WHEREAS, All four sides of the building are being painted a mixture of gray, red and bronze at their own risk pending approval from the Plan Commission, and WHEREAS, The second phase of exterior building changes is to include covering the masonry in front with a distressed wood wrap and galvanized canopies as a rustic tribute to classic Wisconsin hamburger stands, and WHEREAS, The masonry percentage on the front of the building will drop from nearly 100% to zero, less than the 50% masonry desired by the City’s design guides, and WHEREAS, The drive thru window section will also be clad with distressed wood on the columns at the corners of the building, and WHEREAS, A new outdoor patio outside the front of the building will fit 22 seats with tables for outdoor dining separated from traffic with a fence of masonry posts that will be painted to match the building and horizontal distressed wood planks, and WHEREAS, The pavement in the drive thru lane is proposed to be expanded towards Janesville Road, and WHEREAS, New landscaping beds are proposed by the outdoor patio area along with repairing the existing planters near the building, and WHEREAS, Some signage details have been provided and formal signage review will occur via separate sign permits, and WHEREAS, The plans indicate that the lighting will all be building and column mounted around the patio, and WHEREAS, Many of the exterior wall light fixtures are proposed to be covered with a galvanized shroud providing an aesthetic feature, and WHEREAS, All lighting must be zero-degree tilt and full cut-off, but the Plan Commission has allowed lighting where the light source is concealed with etched or tinted glass, and THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan amendment for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006. BE IT FURTHER RESOLVED, Exterior renovations will require staff review and permits prior to work commencing.Page 5 of 14 RESOLUTION PC 072-2020 Packet Page 59 BE IT FURTHER RESOLVED, All paving will require further review and formal approvals at the staff level. BE IT FURTHER RESOLVED, The drive aisle must remain at least 12 feet wide for one-way traffic and must also remain at least three feet from the property line and a survey, with said proposed changes, needs to be submitted to verify these requirements are met before any building permits can be issued. BE IT FURTHER RESOLVED, If the painting of the building leaves the dumpster enclosure a different color than the building, the enclosure will need to be painted to match the building color(s). BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review and formal approvals. BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) 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, with the possible option of frosting/etching. BE IT FURTHER RESOLVED, Revised light fixtures must be submitted for staff approval. BE IT FURTHER RESOLVED, That any bollards, railings, ladders, etc. must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or mounted to the building so they are not moveable. BE IT FURTHER RESOLVED, That all new and replaced roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, No overnight storage of materials and commercial vehicles is allowed on the premises, including food trucks and food trailers. BE IT FURTHER RESOLVED, The street trees must be located in the front of the property along Janesville Road to replace what was removed and a revised landscape plan must be resubmitted addressing the missing street trees and approved by City staff. 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: November 9, 2020 ATTEST: Adam Trzebiatowski, Planning Manager Page 6 of 14 RESOLUTION PC 072-2020 Packet Page 60 Page 7 of 14 RESOLUTION PC 072-2020 Packet Page 61 Page 8 of 14 RESOLUTION PC 072-2020 Packet Page 62 Page 9 of 14 RESOLUTION PC 072-2020 Packet Page 63 Page 10 of 14 RESOLUTION PC 072-2020 Packet Page 64 Page 11 of 14 RESOLUTION PC 072-2020 Packet Page 65 Page 12 of 14 RESOLUTION PC 072-2020 Packet Page 66 Page 13 of 14 RESOLUTION PC 072-2020 Packet Page 67 Page 14 of 14 RESOLUTION PC 072-2020 Packet Page 68 City of Muskego Plan Commission Discussion PC 073-2020 For the meeting of: November 9, 2020 REQUEST: Three (3) Lot Land Division – Certified Survey Map W133 S8033 Northview Drive / Tax Key No. 2210.999 NW ¼ of Section 13 PETITIONER: Dave Weiss INTRODUCED: February 9, 2020 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 073-2020 The petitioner is proposing to divide a large residential lot into three separate lots by Certified Survey Map (CSM). The proposed lots range from approximately 5.15 acres to 17.22 acres in size. The property is located at the northern end of North View Drive. In July the petitioner brought a land division sketch before the Plan Commission for a conceptual discussion. At that meeting a two-lot land division was discussed along with dedicating/improving the cul-de-sac bulb and potential connections to the land toward the east. PLAN CONSISTENCY PC 073-2020 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential uses (<0.49 units/acre). The proposed concept is consistent with the Plan. Zoning: The property is zoned RC-2 County Residence District. That district required lots to be at least 60,000 square feet in area with a minimum average width of at least 175 feet. The proposal is consistent with the Zoning Code. Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property. Portions of the lots are considered high conservation areas and they are protected as wetlands. Street System Plan: The required area for a cul-de-sac will be dedicated to the City for road purposes. As discussed during the conceptual review, the cul-de-sac will not need to be improved to City standards at this point. Adopted 208 Sanitary Sewer Service Area: The current home is serviced via public sanitary sewer. The applicant has contacted the City regarding an additional home on the existing main. The applicant would need to contact the Utilities Department to further explore the options for additional sewer connection. Water Capacity Assessment District:The existing home is serviced with a private well and any new homes would be too. Page 1 of 5 RESOLUTION PC 073-2020 Packet Page 69 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. DISCUSSION PC 073-2020 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. Pursuant to discussion at the conceptual land division meeting the cul-de-sac bulb will be dedicated to the City as shown on the CSM. A note will be required on the CSM that if there is any additional development of these properties that the cul-de-sac will need to be improved to City standards. Another point of discussion during the conceptual land division included dedicating a right of way towards the land to the north. Per the Land Division ordinance that states that improvements shall be extended to the farthest affected area, staff is recommending that a right-of-way be dedicated to the eastern extent of the property. This right-of-way would not need to be improved at this 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 073-2020 Approval of Resolution PC 073-2020 Page 2 of 5 RESOLUTION PC 073-2020 Packet Page 70 RC-2 I-1 RSE PD-6PI-1 RS-2 N O R T H V I E W D R H I V I E W D R I Properties Zoning Districts Right-of-Way Hydrography 0 250 500 Feet Dave Weiss W133 S8033 Northview Drive RESOLUTION #PC 073-2020 Supplemental Map Prepared by City of Muskego Planning Department Page 3 of 5 RESOLUTION PC 073-2020 Packet Page 71 RESOLUTION #P.C. 073-2020 APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR THE WEISS PROPERTY LOCATED AT W133 S8033 NORTHVIEW DRIVE / TAX KEY NO. 2210.999 WHEREAS, A Certified Survey Map (CSM) was submitted by Dave Weiss for a three (3) lot land division located at W133 S8033 Northview Drive / Tax Key No. 2210.999, and WHEREAS, The proposed lots range from approximately 5.15 acres to 17.22 acres in size, and WHEREAS, The property is zoned RC-2 Country Estates District and requires minimum lot sizes of 60,000 SF with a minimum average width of 175 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed land division is consistent with the plan, and WHEREAS, All three lots will be served by municipal sewer, and WHEREAS, All three lots will utilize private wells for water, and WHEREAS, All three lots have direct access to North View Drive, and WHEREAS, In July the petitioner brought a two-lot land division sketch before the Plan Commission for a conceptual discussion, and WHEREAS, A cul-de-sac bulb will be dedicated to the City with a note stating that the cul-de-sac will not be improved until additional development occurs, and WHEREAS, The Land Division ordinance that states that improvements shall be extended to the farthest affected area, which would include the land toward the east. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Dave Weiss for a three (3) lot land division located at W133 S8033 Northview Drive / Tax Key No. 2210.999, 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, 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 note will be required on the CSM that if there is any additional development of these properties that the cul-de-sac will need to be improved to City standards. BE IT FURTHER RESOLVED, A right-of-way must be dedicated that extends to the eastern edge of the property 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: November 9, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager Page 4 of 5 RESOLUTION PC 073-2020 Packet Page 72 Page 5 of 5 RESOLUTION PC 073-2020 Packet Page 73