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PCM19690107CITY PLAN COMMISSION CITY OF MUSKEGO MINUTES OF MEETING HELD JANUARY 7, 1969 CITY HALL Mayor Wieselmann called the meeting to order at 8:lO P. M. PRESENT: Mayor Donald Wieselmann, Chairman, Ald. Frank Narlock, Sec'y, Alvin Basse, Charles Buehler, Ed Xaimann and Mrs. Jean Sanders. Ruilding Inspector Lee was also present. ABSENT: Willard Bertram and Plan Consultant Russell Knetzger. MINUTES: Mrs. Sanders moved to approve the minutes of the previous meeting of December 17, 1968, as mailed. Ald. Narlock seconded the motion and the motion carried. """"" PERSONAL APPEARANCES KILPS' PARKLAND SUBDIVISION - At their meeting December 17, 1968, it was the Commission's decision to request an opinion from'the city attorney to determine if the Commission had acted properly in determining that the changes proposed by Kilps to the original petition for the residential portion of the planned development - Parkland Plaza - were not substantial enough to warrant another public hearing. communication, same read by the Recording Secretary: "Gentlemen: In December, 1964, planned development zoning was given to the area north and south of Highway 24, commonly known as Parkland Plaza. The zoning consisted of commercial, single family and multi- family. No development has taken place to date on any of the owner has conveyed the residentially zoned lands to William Kilps residentially zoned areas. Since the zoning was given, the original and Sons, Inc. Kilps and Sons submitted a preliminary plat for approval. The preliminary plat was confined to residential areas north of Highway 24 and proposed development of 117 single family units and 96 multi-family units. The letter requesting approval of the preliminary plat pointed out that in the future a request for 40 single family and 30 multi-family units south of Highway 24 would be made. The Plan Commission on December 3, 1968, acted on the prelimi- nary plat and specifically noted in its minutes that the Commission did not construe the additional material to be a substantial change under Section 6.02 of the Zoning Ordinance. The additional material was approved subject to certain conditions stated in the Plan Com- mission's minutes. The Common Council subsequently approved the December 10, 1968. recommendation of the Plan Commission for approval of the plat on to whether the changes submitted by Kilps were such as to consitute a substantizl alteration of the original plans, thus requiring a preliminary plat. public hearing by the Common Council prior to approval of the City Attorney Buckley was present and submitted the following The matter has been referred to this office for an opinion as Page 2 - Plan Commission January 7, 1969 The Planned Development Ordinance, Chapter 6, of the Zoning 0 Ordinance, basically provides for preliminary plans as to site, was given after these were submitted and after a public hearing. building and operation prior to zoning approval. Zoning approval Once a preliminary plan is approved it is conditioned upon specific plans as development progresses, the changes subject to added conditions as may be imposed. Substantial alterations of original plans require a public hearing. under the ordinance is primarily a matter of judgment and discre- tion on the part of the Plan Commission and the Common Council. These bodies are bound by the rules that they cannot act in an decisions; but once they have made a decision, the questions then arbitrary or capricious manner without any basis for making their is did they act as reasonable men under the circumstances. In other words, the question is not whether someone else might have acted differently, but was their act reasonable. planned development still consists of commercial, single and multi-family. The changes are in the number of units within the development. The number of units, even though changed, are still subject to the minimum requirements of the Zoning Ordinance regarding density. The question of whether the change, therefore, is sub- Common Council. Since the Plan commission was aware of the change stantial must be one that rests with the Plan Commission and the and specifically noted the change, it is apparent that they con- sidered the question of whether the change was substantial; having decided that it was not and the Common Council having accepted said to be arbitrary. their recommendation, the judgment of either body cannot now be It is, therefore, my opinion that there is no necessity that another public hearing be held. It might be noted in passing that if the request was for a change in zoning or a change in the basic use of the areas involved such as changing the commercial to residential or the residential to commercial that this probably would constitute a substantial passing that the factors of time between zoning and preliminary change which would require a hearing. It might also be noted in construction schedule are not factors that would preclude the plat approval, change of ownership of the residential area and the developers from now proceeding. The reasons for terminating a planned development status are stated in Section 6.03 of the Ordinance It is my opinion that what constitutes a "substantial" change The changes proposed by Kilps do not change the fact that the 8 Respectfully submitted, /s/ John P. Buckley" Mr. Howard Fischer, S68 W16879 Martin Dr., and Mr. Wayne Peterson, S68 W16918 Martin Dr., expressed concern that another public hearing would not be held. MUSKEG0 LAKES GOLF & COUNTRY CLUB - Mr. Frank Pancratz, Bristol Oak s Corp., appeared seeking approval of building, site and operational plans for the clubhouse and golf course proposed to be located in Secs. 25 & 26. Mr. Pancratz submitted and the Commission reviewed plans for the clubhouse, accesses to the country club from Ryan Rd. and Rte. 36 and indicating 134 parking spaces which had been prepared by J. W. Viger & Assoc., Mt. Prospect, Ill., 11-22-68. The Commission also reviewed a layout Page 3 - Plan Commission January 7, 1969 0 for an 18 hole golf course which had been prepared by Wag-Gar 8i ASSOC., December 19, 1968. Mr. Pancratz advised that plans are being prepared for the sewage treatment plant. procedure of construction of the clubhouse and golf course. Mr. Alti. Narlock moved to approve the plans submitted to permit Basse seconded the motion and the motion carried. draft the necessary forms to record the conditional use grant. It was noted by the Commission that the city attorney must MOERKE-SCHWEFEL - Attorney E. L. Moerke & William Schwefel appeared seeking approval to discontinue a drainage ditch which S7h W18128 Janesville Road. between the east and west spillways runs generally east and west across the Evelyn Schwefel property, -. . ~~~~~ from Little Muskego Lake. The Commission reviewed a plan of the Little Muskego Dam Site as it relates to this property which had been prepared by Ruekert & Mielke Oct. 8, 1962. water most of the time and that it interferes with the develop- ment of this property. Mayor IWieselmann advised that the city is considering the elimination of one of the dams. During discussion, the following questions arose - the what affect would the closing of this drainage ditch have on purpose of the channel, is it a natural water drainage channel, water resource and development dept. have jurisdiction over this the city’s future plans for a spillway in this area, would the ditch, and is this ditch considered a navigable stream. for report and recommendation. Mr. Buehler seconded the motion and the motion carried. Attorney Moerke advised that the ditch contains very little e Mrs. Sanders moved to refer this request to the city engineer BRYAN ARDIS FRAME PROPERTY - Mr. A. J. Couture, agent, and John Couture, attorney for Bryan Ardis Frame, and Atty. Sam Lawent who desires to purchase the Frame prope,rty - 23.81 acres on Janesville Rd., in Sec. 10 - appeared to discuss the rezoning Commission that a hearing has been scheduled to consider this request of this property from RSA, WF and RS-2 to RSM. It was noted by the for January 28th before the Common Council. Mr. Lawent advised that if the zoning is granted, it is his intention to construct garden type apartments with swimming pool, builder Walter Kassuba will construct the apartments, that there tennis courts, putting greens, and a recreation area, that will be 1 and 2 bedrooms in the approximately 192 units. Mr. Lawent advised that he will be willing to submit figures as to how the development will affect the city’s tax base, school system, etc. The Commission advised Mr. Lawent that although the sewer would service the front of the Frame property, it is not intended as yet if it is feasible to include additional areas in the to service the entire ownership, that it has not been determined existing system, that this matter is pending and a report will be forthcoming from the city engineers shortly. Mr. Buehler moved to defer action and withhold the recom- mendation to the Common Council until information is received from the city engineer as to the feasibility of serving additional areas with sewer. Mr. Raimann seconded the motion and the motion carried. Page 4 - Plan Commission January 7, 1969 NEW SYSTEMS, INC. - Mr. Elliot Kashain and Mr. Curt LaMaster, representatives of New Systems, Inc., appeared requesting a 90 day, temporary permit to locate a mobile office at Sonny's Bay Shore Foods, Racine Ave. Mr. Kashain advised that it is the company's intention to promote the brand name - EMLlEKO - of small housewares and appliances and make it familiar in a community without the use of television or magazine advertisements, that there will be some telephone will be invited to the mobile office to receive a free gift and promotion but no house-to-house canvassing, that the customer made with Sonny's Bay Shore Foods for rest room facilities and see the household products available, that arrangements have been water facilities, that there will be a maximum number of three employees in the mobile office. He further advised that there are home offices in Salt Lake Lity, Utah, and Los Angeles, a permanent office in Milwaukee at 5520 W. Burleigh St., that the company has been in business in Milwaukee for 15 months and 5% years throughout the country. Narlock moved to defer action, that the Recording Secretary be As the Commission was unfamiliar with this company, Ald. directed to request a report from the Better Business Bureau, and that Ellsworth Koch be contacted to determine arrangements ~ ~~~~ ~ for this mobile office. Mr. Buehler seconded the motion and the motion carried. ~ ~~ ~~ ~ Mayor Wieselmann declared recess at 9:30 P. M. and the meeting reconvened at 9:38 P. M. OTHER BUSINESS """_ HALES CORNERS STATE BANK - The Commission reviewed a request for a permanent sign advertising Hales Corners State Bank, Muskego Branch, to be located at their site, 576 1V17655 Janesville Rd. from the artist's sketch submitted to their October 29th meeting It was noted by the Commission that this sign differed only in that it did not have space to advertise local, civic affairs. Narlock seconded the motion and the motion carried. Mrs. Sanders moved to approve the sign as submitted. Ald. ABC OUTDOOR ADVERTISING CO. - A public hearing was held iust Drior to this recular Plan Commission meeting to consider Inc., for a conditional use grant to erect a back-to-back, the request of William Hayes, agent for ARC Outdoor Advertising, illuminated, painted non-accessory billboard on the north side of Highway 24 towards the east end of the Walter Wollman farm. a sign would detract from the rural image of Muskego, the size of the sign is prohibitive, and because there are no billboards of this size in the city, the Commission was hesitant to set a precedent by allowing this sign. the motion and the motion carried. After discussion, it was the Commission's opinion that such e Mrs. Sanders moved to deny the request. Mr. Buehler seconded Page 5 - Plan Commission January 7, 1969 R. E. SMITH - SUN OIL CO. - A petition was received from Robert E. Smith, agent for James Knodl and R. H. Behrndt, requesting a conditional use grant for the purpose of an automobile service station (Sun Oil Co.) at the southeast corner of the intersection of W. College Ave. (CTH "HH") and Martin Drive. request for February 4th. 1969, 7:30 P. M. Mr. Raimann seconded the motion and the motion carried. attorney for clarification of Ordinance #75, As Amended, to determine if under Sec. C (2) the 500' measurement would be to a service station outside the municipality or only to a service sta-tion within the city. Mr. Buehler moved to schedule the hearing to consider this It was the Commission's decision to refer this to the city .JOINT MEETING - SCHOOL BOARD AXD PLAN COMMISSION - Mayor Wieselmann announced that the ioint meeting of the school board and Plan Commission has been siheduled for-Thursday, January 9th, 8:OO P. M., City Hall. CIVIC CENTER SITE - Mrs. Sanders questioned if it would be appropriate at this time to direct the planner to proceed with plans for the civic center site, however, Mayor Wieselmann suggested that this wait until after the Commission meets with the school board. seconded the motion and the meeting adjourned at 1O:lO P. M. ADJOURNMENT - Ald. Narlock moved for adjournment, Mr. Basse - Respectfully submitted, Barbara J. Sands Recording Secretary b js 1-13-69