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PCM19700707CITY PIAN COMMISSION CITY OF MUSKJlGO MINVTES OF MEETING HELD JULY 7, 1970 CITY HALL Mayor Gottfried called the meeting to order at 7:50 P. M. PRESENT: Mayor Jerome Gottfried, Chairman, Charles Buehler, Secretary, Willard Bertram, Ald. Robert Burgermeister, Ald. and Assistant Zoning Officer William Robb were also present. Charles Foldy and Edward Raimann. Planning Consultant Mangiamele ABSENT: Alvin Basse MINWES: The minutes of the previous meeting of June 16, 1970, were approved as mailed. PERSONAL APPEARANCES Mr. Melvin Wendt, representative of Holtz & Wendt Realty, appeared WALTER HEINRICH - Mr. Heinrich, S105 W15578 Loomis Drive, and seeking approval of a 7.5 acre division of Mr. Heinrich's farm mitted noting that the total farm consists of approximately 104 in the NVlg of Sec. 34. The Commission reviewed the sketch sub- acres and that this area is in an Agriculture District. Mr. Wendt advised the Commission that the state has allowed only one farm access to State Highway 36 for this parcel of land and that there is a deed restriction that only one home can be built upon this particular piece of property. and that the Commission will be receptive to a preliminary plat Ald. Burgermeister moved to approve the sketch as submitted and certified survey map. Mr. Raimann seconded the motion and the motion carried. OTHER BUS I NESS dated June 19. 1970. from Attorney E. E. Iushewitz regarding .~~- CHARLES VOGEL - The Commission reviewed the following request the vacation of an alley between Lots 34 & 33 in Oak Grove Subdivision: 'IGentlemen: City of Muskego. Your honorable body is herewith requested to vacate alley adjoining the above Lot 34. If appearance of Mr. Charles S. Vogel is necessary, kindly notify this office. - My client is the owner of Lots 34 and 35 Oak Grove Subdivision, Yours very truly, /s/ E. E. Iushewitz" vacating all five alleys in this subdivision and it was the Com- Mayor Gottfried advised that the Common Council is considering mission's decision to hold this request in abeyance pending further information. RESOLKITON #122-70 - The Commission reviewed Resolution #122-70 reeardine the sale of city-owned land on Pioneer Drive adjacent to-the cxvic center site.. It was noted by the Commission-that the approximately 7 acres in question is presently zoned RS-2 (Suburban Residence). Planning Consultant Mangiamele su gested that possibly a multiple family zoning for this area should % e considered. Page 2 - Plan Commission July 7, 1970 this property be sold in accordance with Resolution #122-70 Ald. Foldy moved to recommend to the Common Council that which was adopted by the Common Council June 9, 1970. Mr. Bertram seconded the motion and the motion carried. ZONING ORDINANCE AhENDMENT - The Commission reviewed the fol- lowing amendment to Sec. 8.01 (7) B. 2. which had been submitted by Zoning Officer Lee to recreate this section to read as follows: 400,000 sq. ft. stables, barns, poultry houses, sheds and other "2. On lots of at least 120,000 sq. ft. and up to and including areas shall not exceed 10% of the lot area and buildings housing similar structures are permitted provided that the total floor domestic livestock or poultry shall not be closer than 50' to the lot line .I' It was the Commission's opinion that that portion of the amendment indicating "10% of the lot area" be reviewed and that "total floor areas" be clarified and the following motion resulted: further study by the Building Inspector. Ald. Foldy seconded the motion and the motion carried. Mr. Buehler moved to defer action on this amendment pending ZONING ORDINANCE AMENDMEm - Planning Consultant Mangiamele submitted and reviewed the foliowing proposed amendment to Section 6.04 (4) G. 3. of the Zoning Ordinance: " - "One camping trailer up to 30 foot in length shall be allowed to park on private premises in agricultural and single family residential districts provided such trailer is for the sole use of camping off the premises and is mounted on wheels; that such trailer is maintained in a condition ready for the road, unconnected to utilities, uninhabited, not readily available for habitation while on the premises. approval" must be obtained for the parking of camping trailers as herein described. A trailer longer than 30 feet in length shall be classified as a mobile home. provided may be obtained from the City Planning Commission after Permission to park an unoccupied mobile home as herein application for "building site" and "operational approval" to the Planning Commission and as further stipulated herein: plan which will indicate the area in which the mobile home will be parked, including street address and location on lot of the proposed parking site. 2. It shall be the policy of the City Planning Commission to restrict the parking of mobile homes in predominantly undeveloped residential areas to one mobile home. In all other districts, "building site" and "operational 1. Each applicant shall include with his application a site as any area where there are no more than three (3) (a) "Predominantly undeveloped" area shall be defined homes within a radius of 800 feet of the proposed parking site Page 3 - Plan Commission July 7, 1970 privilege and should the mobile home become, in the mind of the Planning Commission, a nuisance because of improper maintenance or other objectionable cause, said Commission may revoke said permission upon ten (10) days written notice and hearing." 3. Permission to park a mobile home shall be considered a Dr. Mangiamele then reviewed the following related amendment to Section 12.10, Chapter 12, of the Municipal Code: "(Mobile Homes or) House Trailer and Trailer Camps (1) Definitions. Whenever used in this section unless a different meaning appears from context: (a) A "trailer" means any coach. cabin. mobile home or .. (house trailer), house cir or other vehicle or structure longer than 30 feet intended for or capable of human dwelling or sleeuing aurposes. mounted on wheels or supports or capable'of-being movkd by its own power or transported by another vehicle. (2) Location Outside Camps (b) (a 1 (c) Add following sentence at end of "as provided" of Line 3: in Chapter 17. see 6.04 Ald. Burgermeister moved to recomend to the Common Council that the amendment to Section 6.04 (4) G. 3. of the Zoning Ordinance and the related amendment to Chapter 12 of the Municipal Code be adopted. Ald. Foldy seconded the motion and the motion carried. RUES & REGULATIONS FOR MUSKEGO BUSINESS/INDUSTRIAL PARK - After review and discussion. Ald. Foldy moved to recommend to the Common Council that the-Rules and Regulations for Muskego Business/Industrial Park as submitted be adopted. Ald. Burger- meister seconded the motion and the motion carried. that E. Raymond Wailner had appeared at the Public Welfare Committee on June 18, 1970, in regard to property at S76 W18149 Janesville Road (Raymond Rohleder property) and that the Plan Commission: following questions had been referred by that Committee to the 'Vlhat is the possibility of amending the Zoning Ordinance to permit a multiple dwelling at S76 W18149 Janesville Road? What is the plan and timing schedule for the new flood gate and dam for Little Muskego Lake?" Mayor Gottfried advised that the dam and flood gate repair approval and it was the Commission's decision to advise Mr. Wallner schedule cannot be determined as yet as the city is awaiting state a proposal for the use of the property before the Commission can to submit a plot plan of the property in question as well as give this matter consideration. XAYMOND WALLNER - Ald. Burgermeister advised the Commission Page 4 - Plan Commission July 7, 1970 Mayor Gottfried declared recess at 9:lO P. M. and the meeting reconvened at 9:28 P. M. Hallaaa appeared to dlscuss the zoning and permitted uses of the Lindner Septic Works property which Mr. Hallada, W129 S6903 McLean Drive, has just purchased. appeared to fall within Legal Non-conformity and he reviewed Mayor Gottfried advised that the use of this property Section 4.06 of the Zoning Ordinance regarding same. in August to present a proposal for a revised use for the premises. WAUER FUR FOODS, INC. .. A public hearing to consider this LINDNER SEPTIC WORKS - Mr. Bernard Lindner and Mr. Edward Mr. Hallada advised that he will appear before the Commission request for continued extractive operation in Section 18 was held just prior to this regular Plan Commission meeting. Wauer's extractive permit for one year subject to receipt of Ald. Foldy moved to recommend to the Common Council to renew a satisfactory protective bond and time schedule for restoration. Mr. Raimann seconded the motion and the motion carried. PUNNING CONSULTAKC'S R_EEP_OR_TL """"" CUNNINGHAM-SCHAEFER - Planning Consultant Mangiamele reviewed the followinn recommendation regarding the proposed rezoning of 13 acres of The George Schaefer-farm in Section 8: - construction of 108 dwelling units on the thirteen acres as "A zoning change from RS-2 to RSM would not permit the situated on the plot plan submitted by David Cunningham and his architect. Approximately 15% of the land would not be included in the computing densities, as land to be used for roads, drives and parking are excluded from these calculations. This would' reduce the calculable land to some eleven acres. As the Muskego zoning code prohibits the erection of principle structures on wetland or flood plains, an area of some four acres would also be excluded from these computations leaving approximately seven acres for development. some 8.4 dwellings per acre are permitted under the RSM district. At densities of 5,000 square feet of land per dwelling unit, Roughly then, about 58 dwelling units would be permitted on this site under the rezoning request made by the proponents of the development project. phone and in our firm's downtown Milwaukee office, Mr. Cunningham After conversations with Mr. David Cunningham, both on the seemed convinced the Planned Development route would be more to of the City of Muskego. their advantage, and as I have advised, to the best interest Proceeding on the premise that the proponents are going to modify their request to a change in zoning to RSM, subject to a the densities are calculated on a different basis. "Planned Development" approval by the City Planning Commission, The internal roads to serve the buildings are not excluded from the density calculation. The wetland/flood plain area, up to 20% of the thirteen acres, or 2.6 acres, can also be included in the density calculations. Therefore, about 1.5 acres are Page 5 - Plan Commission July 7, 1970 excluded from the density computations. Roughly, this means 11.5 acres are available for development at the 5,000 square foot requirement for each dwelling unit; provided the RSM zoning is to be granted. Therefore, about 96 dwelling unitsnay be erected under the C. pbined zoning change and planned development route. This would'abe s , only twelve dwelling units less than the original proposal rather than some fifty dwelling units less under the mere zoning change request. The developer can then be expected to more willingly meet the types of requirements of planned development by this process than the one he originally requested for these thirteen acres. Commission members about building schedules, financial assurance and maintenance of open space, water areas and drainage must be reasonably answered and an agreement attained before permission for a project of this density is given by the Planning Commission and the City Council. It also means that permission is given to this particular developer, as it is in effect a contract between the City and the developer. There are great advantages to the developer under this method, To the City, this means that such questions raised by Planning Respectfully submitted, /s/ J. F. Mangiamele Planning Consultant" Mayor Gottfried advised that the petition has been amended to include the planned development overlay, that the 13 acre site has been shifted to the south of the Schaefer property and that a public hearing has been scheduled for July 28, 1970, before the Common Council. MUSKEG0 IAUS COUNTRY CLUB - Planning Consultant Mangiamele submitted recommended conditions for Muskego Lakes Country Club for the Commission to review prior to the next Plan Commission meeting. """_ COMMUNICATIONS PERFORMANCE BONDS - The following compunication dated July for Extractive Operations was read by the Recording Secretary: 1, 1970, from City Attorney Buckley regarding Performance Bonds "Dear Mayor: I have reviewed your letter of June 24. 1970, regarding certain changes with kespect to bonds governing gravei pit opera- tions. I have several comments on this letter. an initial permit up to three years with one year renewals there- (1) Three year bond. As you are aware our ordinance allows after. However, if-a definite-time period weke to be stated in a bond and the City were to have to rely upon the bonding company to fulfill the restora tion agreement, the possibility exists that during the term of the bond. I would much prefer that the bond the bonding company could take the position that it is liable only contain language that it commences on its date of issuance and continues until modified or released by the City. Under Wisconsin Page 6 - Plan Commission July 7, 1970 Statutes an indemnitee has three years from date of notice of a violation on the part of the principal to sue on the bond. this since the bond is not cancelable in the ordinary situation. The fact that the principal may not pay thepremium or may violate some condition between him and the surety does not allow the would be a condition that could work against the City. surety to cancel the bond with the City. A cancellation clause be placed In the bond, but it would be much better to have it placed in the restoration plan itself or a statement regarding restoration placed in the plan of operation. I have reviewed the bonds of Gravel, Inc:, and of State Sand and Gravel. With the rxception of a few mlnor changes, I would recommend, I can definitely recommend that the State Sand and Gravel bond be see nothing wrong with the bond of Gravel, Inc. I would, however, rewritten so that there is a definite reference in the bond to the restoration plan. The bond as now written could well refer to coverage or liability for violations of the term of the permit only and not as a guarantee of restoration. I will contact Mr. Radtke regarding a possible amendment to the Gravel, Inc. bond. could be used in the future. I am enclosing herewith a suggested form of restoration bond that (2) Notice of Cancellation. I would definitely not recommend (3) Time Factor on Restoration. A phrase such as this could Very truly yours, /s/John Ps Buckley" be requested to prepare the bond agreements as indicated. It was the Commission's decision that Attorney Buckley """ ADJOURNMENT - Mr. Raimann moved for adjournment at 1O:OO P. M. Mr. Bertram seconded the motion and the motion carried. Respectfully submitted, Barbara J. Sands Recording Secretary b js 7-14-70