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Plan Commissoin Minutes - 4/9/2018 Unapproved CITY OF MUSKEGO PLAN COMMISSION MINUTES April 9, 2018 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:07 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Chiaverotti, Ald. Kubacki, Commissioners Graf, Peardon, Buckmaster, Jacques, and Bartlett, and Planner Trzebiatowski. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF THE MARCH 6, 2018 MEETING Commissioner Jacques made a motion to approve the minutes of the March 6, 2018. Commissioner Bartlett seconded. Motion Passed 7 in favor. PUBLIC HEARING Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance for Casey's General Store for the purpose of allowing a gas station on the property located in the NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road/Mercury Drive). The following residents spoke: Thomas Ralston, S81 W19386 Highland Park Drive  opposed to gas station being put into a neighborhood  concerns with deliveries, traffic, noise, and crime Skip Wojnowski, S103 W10439 Kelsey Drive  resident and business owner in business park on Apollo  in favor of business Kathleen Luglio, S80 W19297 Highland Park Drive  opposed to building  wants quiet  doesn't belong in our community Dan Drager, S78 W20263 Monterey Drive  opposed  concerned with traffic and light pollution  will need to improve the intersection at a cost of $200,000 Plan Commission Minutes 2 April 9, 2018  not best use for the property Dave Schnittka, S79 W19198 River Oaks Ct.  opposed  concerns with traffic, crime, impact on property values, and stop and go lights at intersection  put retail next to retail not industrial Matt Watry, W193 S7905 Ancient Oaks Drive  Industrial park has been a good neighbor, gas station would not be  property values will go down  put industrial by industrial and retail by retail Anthony Walter, W192 S8013 Ancient Oaks  no stop light at this intersection  lives four houses in and has concerns with lights, traffic, and safety of intersection Bob Melcher, S78 W20229 Monterey Drive  poor location  concerned with General Store selling alcohol to minors and drinking in the county park  General Store could cause problems getting a new grocery store Chris Kern  concerned with having a gas station within 300 feet of residential homes  concerned with air pollution, light pollution, traffic  suggested an air quality study be done and monitored every 6 months with mitigation  suggested right turn in and out - no left turns  place restrictions on gas stations to 300 feet from residential properties Laura Tesch, S80 W19178 Janesville Road  concerns with gas station  concerned with benzine and pollution  does not want the gas station across from her house Wayne Eichhorn, S80 W19280 Highland Park Drive  concerned with traffic congestion coming off Mercury, noise, crime, and pollution TNS Machining, W190 S8151 Mercury Drive  has owned his business in Muskego for 36 years  feels for him as a business owner  allow him to do something on this property Tim Kuehn, owner of property  property was zoned M-2 when originally purchased. Voluntarily rezoned the property to B-2 in 2008.  property value has gone down 6%  property is located on a county highway and next to a business park since 1970 Rick Petfalski  asking the request be denied  not in my backyard  not this type of development Plan Commission Minutes 3 April 9, 2018  concerned with traffic, lights, noise and crime Mr. Petfalski suggested the following: 1. Redesign the site layout to have the stalls face east and west 2. Limit hours of operation from 6:00 am to 11:00 pm. 3. Limit deliveries to hours of 7:00 am to 7:30 pm Monday - Friday and 9:00 am to 7:30 pm Saturday, Sunday and holidays. 4. No temporary signs, banners or flags along Janesville Road 5. No sale of diesel fuel. With no further questions or comments, Mayor Chiaverotti closed the public hearing at 7:11 PM. Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance for Casey's General Store for the purpose of allowing a gas station on the property located in the NE 1/4 of Section 1 (Tax Key 2161.999.002 / Janesville Road/College Ave). The following residents spoke: Julie Kowalski, S66 W12775 Somerset Drive  opposed  no need for additional gas stations  vacant gas station just down the road With no further questions or comments, Mayor Chiaverotti closed the public hearing at 7:14 PM. OLD BUSINESS FOR POSSIBLE RECONSIDERATION RESOLUTION PC 013-2018 - Approval of an Annual Review for RD Meyer Mini Storage property located in the NE 1/4 of Section 2 (Tax Key 2165.998.012 / W145 S6550 Tess Corners Drive). (Audio 1:09) Mr. Meyer was present and explained he wasn't aware he needed all the roofs to match and that the bollards needed to match the building colors. Commissioner Buckmaster suggested the following:  changing the bollards that are visible to the front of the property to blue  removing the red slatting in the fence and leaving the white and blue slatting and the flag on the gate,  leaving the stripped roof as is The Plan Commission and Mr. Meyer agreed with this suggestion. Commissioner Buckmaster made a motion to amend Resolution PC 013-2018 to read: BE IT FURTHER RESOLVED, The striped red, white, and blue roof will be allowed to remain as is. BE IT FURTHER RESOLVED, The red slats in the fencing must be removed and the blue and white slatting will be allowed to remain along with the flag in the gate. BE IT FURTHER RESOLVED, The bollards in the front by the gate and in front of the new buildings must be painted blue to match the building. Plan Commission Minutes 4 April 9, 2018 Alderman Kubacki seconded. Upon a roll call vote Resolution #PC 013-2018 was AMENDED unanimously. Upon a roll call vote Amended Resolution #PC 013-2018 was APPROVED unanimously. CONSENT BUSINESS RESOLUTION PC 026-2018 - Approval of the sale of plants and flowers for Andrew Werner (AW Greenhouses) near Preferred Fitness located in the NW & SW 1/4 of Section 10 (S74 W17009 Janesville Road / Tax Key No. 2199.999.022). (Audio 1:40) Alderman Kubacki made a motion to approve RESOLUTION PC 026-2018 - Approval of the sale of plants and flowers for Andrew Werner (AW Greenhouses) near Preferred Fitness located in the NW & SW 1/4 of Section 10 (S74 W17009 Janesville Road / Tax Key No. 2199.999.022). Commissioner Jacques seconded. Motion Passed 7 in favor. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 023-2018 - Approval of a Conditional Use Grant, Building, Site and Operation Plan, and Three Lot Certified Survey Map for Casey's General Store located in the NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road and Mercury Drive). Alderman Kubacki made a motion to approve RESOLUTION PC 023-2018 - Approval of a Conditional Use Grant, Building, Site, and Operation Plan, and Three Lot Certified Survey Map for Casey's General Store located in the NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road and Mercury Drive). Commissioner Buckmaster seconded. (Audio 1:41) Mr. Trzebiatowski gave a detailed explanation of the submittal. Mr. Trzebiatowski explained staff is recommending deferral to give Casey's the opportunity to make the following changes if Plan Commission is in agreement. 1. All elevations need additional window elements and more design features 2. Alter design of the rear rooftop mechanical area so that either the units are completely screened by the hip roof or relocating the rooftop units to grade with screening 3. Add a hip or gable roof feature to canopy design 4. Add brick or stone with caps to support columns of the canopy Mr. Trzebiatowski further explained the access will be off of Mercury Drive and will line up with the InPro driveway and a shared access with the existing construction company to the west. The County is not requiring any changes to Janesville Road based on existing usage and traffic counts. Mr. Trzebiatowski discussed the memo from the City Attorney related to the possible changes to WI State Law relating to Conditional Use Grants. This new law could take away some of the rights of the community to regulate conditional use grants as they previously did and if conditions are imposed they must be related to the purpose of the ordinance. If the applicant is willing to meet the conditions, Plan Commission must grant the CUG request. Discussion took place relating to noise, lights, and traffic. Plan Commission agreed with staff recommendations and also added some recommendations that came from discussion: Plan Commission Minutes 5 April 9, 2018  Flipping the building to Janesville Road and the pump layout to the business park and adding a berm with landscaping along Janesville Road.  Limiting delivery hours from 7:00 AM - 7:00 PM Monday - Friday and 9:00 AM - 5:00 PM weekends and holidays or bring back Casey's proposed times Commissioner Buckmaster made a motion to defer. Commissioner Peardon seconded. Upon a roll voce, Resolution #PC 023-2018 was DEFERRED unanimously. RESOLUTION PC 024-2018 - Approval of a Conditional Use Grant and Building, Site and Operation Plan for Casey's General Store located in the NW 1/4 of Section 1 (Tax Key 2162.999.002 / Janesville Road and College Ave). Commissioner Buckmaster made a motion to approve RESOLUTION PC 024-2018 - Approval of a Conditional Use Grant and Building, Site and Operation Plan for Casey's General Store located in the NW 1/4 of Section 1 (Tax Key 2162.999.002 / Janesville Road and College Ave). Alderman Kubacki seconded. (Audio 2:28) Mr. Trzebiatowski gave a detailed explanation of the submittal. Mr. Trzebiatowski explained staff is recommending deferral to give Casey's the opportunity to make the following changes if Plan Commission is in agreement. 1. Building enhancements should be added to the overall building to show the character that the Historic Crossroads Design Guide is looking for. 2. Add additional window elements to all elevations to help further the four-sided architecture goal and to help add some design features to the flat wall space. 3. Add closer to 50% masonry/stone - currently there is too much lap siding 4. The gable roof wall should utilize the shake materials rather than siding 5. Alter design of the rear rooftop mechanical area so that either the units are completly screened by the hip roof or relocating the rooftop units to grade with screening 6. Add a hip or gable roof feature to canopy design 7. Add brick or stone with caps to support columns of the canopy 8. The canopy should not contain as much red Plan Commission agreed with staff recommendations and also added some recommendations that came from discussion:  Limiting delivery hours from 7:00 AM - 7:00 PM Monday - Friday and 9:00 AM - 5:00 PM weekends and holidays or bring back Casey's proposed times  Push the pumps towards the west to help alleviate headlights at the neighbors across the street Commissioner Buckmaster made a motion to DEFER RESOLUTION #PC 024-2018. Commissioner Jacques seconded. Motion to DEFER carried unanimously. RESOLUTION PC 025-2018 - Approval of Building, Site and Operation Plan for the Will Rose Apartments located in the NW 1/4 of Section 10 (Tax Key 2198.160 and 2198.161 / Janesville Road). Commissioner Jacques made a motion to approve RESOLUTION PC 025-2018 - Approval of Building, Site and Operation Plan for the Will Rose Apartments located in the NW 1/4 of Section 10 (Tax Key 2198.160 and 2198.161 / Janesville Road). Alderman Kubacki seconded. Motion Passed 7 in favor. Plan Commission Minutes 6 April 9, 2018 (Audio 2:53) Mr. Trzebiatowski gave an overview of the submittal including site layout and architecture. Mr. Trzebiatowski also noted there will be two adjacent access points to this development. Engineering staff is requiring that the western stub be extended to Glen Cove Court and an access for emergency use only be proved at the end of the eastern portion of the driveway connecting to the existing adjacent condo development (Lindale Villas). The emergency access connection may be gated if needed. Plan Commission agreed it was a very attractive plan. Commissioner Bartlett suggested a canopy over the main entrance to help it stand out. Eric Harmen of AG Architecture was present and explained a canopy may block the view from the residential balcony above, but they will look into it. RESOLUTION #PC 027-2018 - Approval of a Four Lot Certified Survey Map for the Weltz property located in the NW 1/4 of Section 14 (Tax Key 2214.996.020/ Harvest Court). Commissioner Buckmaster made a motion to approve RESOLUTION #PC 027-2018 - Approval of a Four Lot Certified Survey Map for the Weltz property located in the NW 1/4 of Section 14 (Tax Key 2214.996.020/ Harvest Court). Commissioner Jacques seconded. Motion Passed 7 in favor. (Audio 3:12) Mr. Trzebiatowski explained the requirements for this CSM including the need for a full city road and wetland crossing approval by the DNR. The following residents registered to speak: Cheryl Kloss - W150 S8226 Harvest Ct.  Concerned with the expansion of the road over the wetlands; specifically the salt from the plowing going into the wetlands  Noted this is shown on the zoning maps as high conservation priority and large tracts of land are to be preserved from further land divisions  opposed to this land division Mr. Trzebiatowski explained this CSM will need to go to the Parks and Conservation Committee for review due to this being in a high priority conservation area and this requirement is in the resolution. Lots 1 and 2 have already been tilled, lot 3 already has a house on it so these would not be a concern of the Committee, but lot 4 will need to be discussed by the Committee. The committee could determine a building pad location and restrict disturbance of vegetation outside this area. Erin Gemol, W150 S8235 Harvest Ct  lives across from lot 4  concerned about her driveway and culvert and access to her property during construction  opposed to this land division  this development will change the scope of the neighborhood and will impact neighbors Gail James, W150 S8234 Harvest Ct.  opposed to this land division  was family land and doesn't want to see it divided up  this is a beautiful natural area that shouldn't be divided  requests the log house not be torn down for any reason  goal of this property was to keep it as open as possible Plan Commission Minutes 7 April 9, 2018  don’t allow the moving of the road Brian James, W150 S8234 Harvest Ct  Was told could not disturb wetland many years ago  lot 3 headlights will be in his living room/kitchen  opposed to land division Theresa Macki, developer  spoke with DNR and was told based off preliminary review they would need a general permit  working with the DNR and Lynch and Associates to make sure road is built correctly MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Jacques made a motion to adjourn at 9:52 PM. Commissioner Bartlett seconded. Motion Passed 7 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary