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PCM19700901CITY PLAN COMMISSION CITY OF MUSKEG0 * MINUTES OF MEETING HELD SEPTEMBER 1, 1970 CITY HALL Mayor Gottfried called the meeting to order at 8:15 p. M. Alvin Basse, Willard Bertram, Ald. Robert Burgermeister. Ald. PRESENT: Mayor Jerome Gottfried, Chairman, Charles Buehler, Secretary, Charles Foldy and Edward Raimann. Planning Consultant Joseph Man- giamele and Zoning Officer Lee were also present. MINUTES: The minutes of the previous meeting of August 18, 1970, were approved as mailed. """"" PEP.SONAL APPEARANCES MELVIN WENDT, REALTOR, & WALTER HEINRICH - Mr. Wendt and Mr. Heinr'ich appeared seeking approval of a certified survey map for a 7.50 acre parcel to be divided from Mr. Heinrich's farm in the SEk of the NE& of Section 34, same prepared by Hoffmann, Polzin, Becker & Associates, Inc., August 24, 1970. It was noted by the Commission that the sketch had been approved July 7, 1970. It was also noted by the Commission that access to State Highway 36 was provided by a 20' easement across the Wis. Electric Power right- of-way. Satisfactory percolation tests indicating a fall of 53-53-43 were submitted. seconded the motion and the motion carried. to approval of the consulting engineers. Ald. Burgermeister Mr. Buehler moved to approve the certified survey map subject WALTER GEIBEL - Mr. Geibel, W190 57272 Lochcrest Blvd., appeared seeking approval of a preliminary plat and certified survey map for a four parcel division of Lot 14, Hillview Farm Plat in the NE% of Section 8, same abutting Lochcrest Blvd. It was noted by the Commission that the preliminary plat and survey had been prepared by Ruekert tir Mielke, Inc., August, 1970, and that the lots are of proper size for this RS-2 District. It was further noted that a 30' permanent easement for sewer utility crosses this property. Mr. Geibel pointed out that he has dedicated property for road purposes along his north and east property lines, that there owned by him. He advised that the garages located on that corner is an exception at the northeast corner as the property is not are in a dilapidated condition. Mr. Bertram pointed out that because of the slope of this property there is a drainage problem and in answer to a question from the Commission, Mr. Geibel advised that he would be willing to dedicate additional property in order that this problem might be resolved. to the survey indicating an additional 10' for road purposes along Mr. Bertram moved to approve the certified survey map subject motion carried. Lochcrest Blvd. Ald. Burgermeister seconded the motion and the Page 2 - Plan Commission September 1, 1970 HAROLD DE BACK - Mr. DeBack, W198 S10856 Racine Avenue, division of his property in the SWk, Section 21 (former Malia farm), appeared seeking approval of a certified survey map for a 3 acre same prepared by Waukesha Land Surveys, Inc., August 31, 1970. It was noted by the Commission that the sketch for this parcel had been approved July 21, 1970. Satisfactory percolation tests indi- cating a fall of 48-40-18 were also submitted. to approval by the consulting engineer. Ald. Foldy seconded the Mr. Raimann moved to approve the certified survey map subject motion and the motion carried. OTHER BUS I NESS """_ for 11.818 acres of Mrs. Baas's property along Mystic Drive in Section 14, same prepared by Inman Surveying & Engineering August 19, 1970. It was noted by the Commission that this parcel includes Drive, that this property is indicated as a potential school site Mrs. Baas's entire property holdings on the west side of Mystic on the comprehensive plan, however, that previously the school board had not expressed interest in acquiring the property. motion and the motion carried. to approval by the consulting engineer. Mr. Buehler seconded the ALMA BAAS - The Commission reviewed a certified survey map Mr. Baase moved to approve the certified survey map subject CALVARY CHURCH - The Commission reviewed a request from Calvary Church to move an existing sign from their former church location, S79 W18903 Janesville Road, to their new location, W182 S8470 Racine Avenue. Zoning Officer Lee reviewed Section 6.10 (13) of the Zoning Ordinance regarding Quasi-public Informational Signs. Ald. Foldy moved to approve this request for sign as submitted. Ald. Burgermeister seconded the motion and the motion carried. JOSEPH SCHOEDEL - Mr. Schoedel, S75 W14826 Kathryn Drive, owner of Lots 32 & 33, Block 4, Baylawn Subdivision #2, submitted a request that Lot 32 be granted legal status in accordance with Section X of that requirements for this RS-2 District without sewer is 20,000 the Subdivision Control Ordinance. It was noted by the Commission sq. ft. with 110' average width; this lot being approximately 17,000 sq. ft. with satisfactory average width of 125'. with other lots in the subdivision. Zoning Officer Lee reported that this lot will be compatible Mr. Buehler moved to recommend to the Common Council that legal lot status be granted to Lot 32, Block 4, Baylawn Subdivision #2. Mr. Raimann seconded the motion and the motion carried. F. D. SPAIGHT - The Commission reviewed a request from Mr. Spaight, S76 W18553 Kingston Drive, owner of Lots 46, 49, and 50, in Kingston-on-Muskego Subdivision #2, requesting that legal lot status be granted to Lots 46 and 49. by sewer and that laterals have been installed for each lot. He questioned if this request were denied if Mr. Spaight would be Gottfried advised that this would be a matter to be resolved by refunded the money paid for installation of the laterals. Mayor the Sewer Committee and Common Council. e Zoning Officer Lee advised that the lots in question are served I Page 3 - Plan Commission September 1, 1970 Ald. Burgermeister moved to defer action on Mr. Spaight's request until the next meeting in order that Zoning Officer Lee can prepare a report on the ownerships of adjacent lots in the subdivision. Mr. Bertram seconded the motion and the motion carried. four parcel division of the Ida Lohr property in Section 34, same IDA LOHR - The Commission reviewed a preliminary plat for a was noted by the Commission that Highway 36 divides this approximately prepared by Inman Surveying & Engineering September 1, 1970. It 27 acres in half, that two lots were proposed for the north side of STH 36 and two lots for the south side, that the lots were more than adequate size for this Agriculture District. The Commission expressed concern at the access points for the lotssuth of Highway 36 noting that the lots north of Xighway 36 will have access to Muskego Dam Road. They also questioned the use of the proposed lots. meeting and to request information as to the access points for the Mr. Raimann moved to defer action on this until the next lots to the south of Highway 36. Ald. Burgermeister seconded the motion and the motion carried. DAVID CUNNINGHAM - Mayor Gottfried reported that the Plan Commission Sub-committee had met with Mr. Cunningham, representative of Northland Developers, and Attorney Ace Bernstein Monday evening, August 31, to discuss the ratio of one, two and three bedroom apartments proposed in the planned development complex for the George Schaefer property in Section 8, zoning pending. He advised that Mr. Cunningham had agreed to reduce the total number of units to 100 (from 108) and that they would alter their ratio as follows: 0 From 60 to 40 - 3 bedroom units From 24 to 35 - 2 bedroom units From 24 to 25 - 1 bedroom units (None of the units to have dens) Following discussion, Ald. Burgermeister moved to refer the proposed planned development back to the sub-committee to discuss the following ratio with Mr. Cunningham: 30 - 3 bedroom units 45 - 2 bedroom units 25 - 1 bedroom units (None of the units to have dens) and if they are interested in developing at this ratio to further discuss water supply, landscaping, etc. Mr. Bertram seconded the motion and the motion carried. Mayor Gottfried declared recess at 8:55 P. M. and the meeting reconvened at 9:09 P. M. Page 4 - Plan Commission September 1, 1970 PARKLAND PIAZA - Mayor Gottfried reported that the Plan Commission Sub-committee had met with Attorney Sam Lawent, Developer, Gordon Schroeder, representative of Schroeder Bros. Builders, and Ar- chitect William Paschke Monday evening, August 31, to discuss the Park- land Plaza planned development complex. He advised that they had dis .cussed water facilities (community vs. individual wells) for the development, fire protection for the multiple family units, better integration of the commercial and multiple family areas, as well as discussion of a contract between the developer and the city. He reported that he had conferred with Fire Chief Utpatel regarding fire protection for the multiple family units and that the fire chief had indicated that because of their equipment, they would like to have available a reservoir or cistern. Paschke reviewed a revised layout for the Parkland Plaza complex which had been prepared by Paschke 8r Associates, Inc., September 1, 1970. Dr. Mangiamele advised that the integration of commercial and apartment areas is satisfactory in this revised plan. directed to the Plan Commission: "Gentlemen: Development known as Parkland, which development has been previously approved by your Honorable Body. It is our intention to develop this project using substantially the same format as that which has been approved in the past. The project consisted of a mixed development of commercial, multi-family and single family. Recently we have entered into various offers to purchase for the acquisition of various portions of Parkland and are presently negotiating for the balance of the land. Messrs. Lawent, Schroeder and Paschke were present md. Architect Mr. Schroeder read the following agreement dated September 1, 1970, This is being submitted to you with reference to the Planned Ownership of PaFkland Plaza - Owners of Parkland Plaza are the Parkland Plaza Corporation. The principals of Parkland Plaza Corporation are: Walter J. Kassuba Sam N. Lawent Nicholas S. Raich Gordon A. Schroeder George F. Schroeder Residential Development - The Corporation is prepared to proceed immediately upon its ability to obtain building permits, with the devel- opment of the 117 residential sites over a three year period. It is our intention to merchandise the lot sales in the following manner: 1. Sell model home sites to a number of different builders. 2. Sell lots to the general public. 2nd year - 30 to 50 lots 1st year - 20 to 40 lots 3rd year - balance We feel that the sale of home sites wil1,proceed as follows: the C'ity of Muskego furnish building permits for the construction of * sinele familv houses within seven (7) days after the Corporation commences Building Permits for Residential Phase I - We hereby request that construction'of the sewers for Phase I of the residential area, and that the City would further agree to issue an occupancy permit, upon com- pletion of these houses, providing however, that the sewer for this area "" ~ ~ September 1, 1970 Page 5 - Plan Commission e has been approved by the City and that the gravel roads have been installed, and that the asphalt topping has been installed, weather permitting. trol committee whose duty it would be to pass on all plans of homes to be constructed within Parkland. This committee would also approve grade elevations and position of house on site. It would be the duty of this committee to maintain the existing high standards of Muskego. All members of this committee are experienced with construction and realize that the success of any development is predicated on the desirability of good design. the mowing restrictions: Architectural Control - We intend to form an architectural con- Building Setbacks and Sideyard Restrictions - We would observe 2. Minimum sideyard in an aggregate of 14'. The general 1. Minimum front yard setback at building line of 25'. requirement would be 8' and 6'; however, in no case could there be less than 14' between houses. 3. A minimum setback of 20' for rear yard. House Sizes - The minimum house size would be 1200 square feet plus a 2 car attached garage for a ranch house, and not less than 700 square feet on the first floor for a two story house plus a 2 car attached garage. A minimum of 950 square feet on the first floor plus 2 car attached garage for a Bi-level. areas * In a eeallv constituted Home Owners Association which bv deed 0 en Areas - It is our intention to establish ownership of open ~ restriction be mahe responsible for the open areas and courts.' Land Improvements - It is our intention to install the following land improvements: 1. Sewer. - 2. Asphalt Roads. 4. 22 foot wide culverts. 3. Individual wells. 5. Seeded ditches. 6. Gas lines. 8. Require the installation of a hard surfaced driveway within 7. Gas light for each lot. 9. Underground electrical and telephone lines. one year after construction of house. Program for Multi-Family Development - We intend to commence construction of the multi-familv units not later than November of 1972, and that the multi-family portion of the project be complete not later than November of 1975. The apartment mix will be as follows: one bedroom units for the elderly under FHA Title 221 and thirty-two On the north side of Highway 24 there will be seventy-six (76) (32) conventionally financed two bedroom units. It is our intent to commence construction of the apartments for the elderly as soon as we receive authorization from FHA, and that the owners shall pursue such authorization within ninety (90) days after the approval of the planned unit development herewith presented. of seventy five (75) units to be constructed on the south side of Highway 24 would commence not later than November of 1972 and be completed not later than November of 1975. The multi-family on the south side of Highway 24 would consist of the following units: The second phase of the multi-family Garden Apartments consisting 16 - 1 bedroom apartments 43 - 2 bedroom apartments 16 - 3 bedroom apartments Page 6 - Plan Commission September 1, 1970 a Commercial Development - We intend to pursue immediately, leasing of the commercial area. It would be uremature at this time to esta- - blish a schedule of construction as we have no tenants presently under lease. However, it is our intent to develop the commercial area within five (5) years from acceptance of the Planned Unit Development. It has been our experience that until such time as proof of construction is evident of the single family and multi- family housing. it is most difficult to obtain commercial leases. Water System for Multi-Family - We intend to service the 108 unit multi-family apartments on the north side of Highway 24 with an individual well that would be capable of pumping enough water well be designed and utilized for fire protection. We feel that for to satisfy State Code requirements. It is not our intent that this fire protection, the community presently has fire equipment which would be capable of taking advantage of the vast amount of water five (725) feet from the center of the multi-family project. available to us in Little Muskego Lake which is seven hundred twenty- which would enable us to pump enough water to satisfy State Code of Highway 24, we intend to install a single well, the capacity of underlying zoning of the Planned Development. requirements for the improvements to be constructed according to the It is our intention to furnish a water system adequate for fire protection by adding a connection to the proposed well. It is our intent to install an individual well for the commercial a.rea, the capacity of which would fulfill the requirements of the State Code. green area we intend to let such areas remain in their natural state with the following additions: The reason we have chosen the conifers versus deciduous is that over a period of 5 to 7 years the conifer will give us a high acid soil which will enable the Home Owners Association to develop wild flower nature trails throughout the green area. Another reason we have chosen the conifer versus deciduous trees is that it will give us an all season green area. to seed the 3 courts and to install a minimum of five (5) trees per acre -- tree size at the time of initial planting to be a minimum of 3 inches in diameter. land on the south side of Highway 24. It is our intention to dedicate this unimproved land in its natural state to the City of Muskego as a future park site. Snow Removal - Snow removal on Parkland Drive and all of the residential area will be the responsibility of the City of Muskego. Snow removal for the parking area and private walks within the multi-family area will be the responsibility of the Corporation. For the water system to service the 75 units on the south side e Green Area and Courts on the North Side of Highway 24 - In the Plant conifers at the rate of four hundred (400) trees per acre. Regarding the 3 courts in the residential area, it is our intent Public Park Area - We have approximately fifteen (15) acres of Snow removal for the access and oarkine areas of the shormine center will be the responsibility of the Co;poration. for the residential areas will be the responsibility of the indi- 1) .. Y Garbage and Rubbish Collection - Garbage and rubbish collection vidual homeowner. Garbage and rubbish collection for the multi-family and for the shopping center will be the responsibility of the Corporation. of Muskego, a copy of a Financial Commitment for the development of Financial Commitment - It is our intent to furnish to the City Page 7 - Plan Commission September 1, 1970 from date of acceptance of the Plat for Parkland Plaza by the City the residential portion of Parkland Plaza within ninety (90) days of Muskego. Commitments to the City of Muskego of the multi-family development or any part thereof, and shopping center or any part thereof Prior to the commencement of construction. And we will further agree to submit copies of the Financial Storm Water Drainage from Lannon Road to Little Muskego Lake - We presently have a 15 foot wide easement from Lannon Road to Little Muskego Lake. We intend to install a corrugated metal culvert, with a concrete spillway at the entrance to Little Muskego Lake. 42" in diameter with a metal grill, approximately 260' in length, Respectfully submitted, /s/ Sam N. Lawent" Mayor Gottfried declared recess at 10:15 P. M. and the meeting reconvened at 10:20 P. M. Ald. Foldy moved to approve the preliminary plat of Parkland Plaza planned development incorporating 117 residential units plus 183 multi-family units (including 76 units for the elderly), a September 1, 1970, prepared by Paschke & Associates, Inc., and shopping center and commercial area as shown on the plat dated that the additional information supplied by Attorney Samuel N. Lawent in his letter dated September 1, 1970, addressed to the December 1, 1964, with the understanding that the Plan Commission Plan Commission, be made apart of the original petition approved does not construe this additional material to be a "substantial" change under the terms of Section 6.02 (6) C. of the City of Muskego Zoning Ordinance, and that the above submission is approved and fur ther moved preliminary approval of the above mentioned submission affirmed by the Plan Commission of the City of Muskego, and in its entirety and that final approval will be given subject to approval of the proposed sewer system by the Consulting Engineers and acceptance by the state, county and city approving authorities, and that within 10 days from the date hereof, the City Attorney of the City of Muskego shall give a written legal opinion to the Corporation Developer, upon which it will solely rely, to the effect approval of the planned unit development as presented under said that the planned unit development ordinance is valid and that the with impunity under a validly constituted planned unit development ordinance is valid and that the Corporation Developer can proceed Common Council of the City of Muskego are legally valid and proper ordinance and that all actions of the Plan Commission and/or veloper and that the Corporation Developer may rely on the approval in approving the Ppplication and submission of the Corporation De- of the Plan commission and/or the Common Council; and that this approval is subject to review and the opinion of the City Attorney. Mr. Raimann seconded the motion and the motion carried. I """ ADJOURNMENT the motion and the meeting adjourned at 10:44 P. M. Mr. Buehler moved for adjournment, Ald. Burgermeister seconded b js 9-9-70 Respectfully submitted, Barbara J. Sands Recording Secretary