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PCM197203070 CITY PLAN COMMISSION CITY OP MUSKEGO CITY HALL MINWES OF MEETING HELD MARCH 7, 1972 Mayor Gottfried called the meeting to order at 8:35 P. M. PRESENT: Chairman Jerome Gottfried, Secretary Alvin Basse, Clark Planning Consultant Joseph Mangiamele and Zoning Officer Gerald Lee Barry, Willard Bertram, Ald. Robert Burgermeister, and William Chase. were also present. ABSENT: Ald. Harold DeBack and Edward Raimann. MINVTES: The minutes of the previous meeting of February 15, 1972, were approved as mailed. PERSONAL APPEARANCES """"" DONALD KILPS - Mr. Kilps appeared in regard to the petition which he has submitted requesting to rezone approximately 9.5 acres to be purchased from the city from RS-2 to RSM with an OPD overlay to permit construction of 48 two bedroom townhouses, 8 one bedroom apartments, 20 three bedroom bi-levels and 12 three bedroom two story houses, a total of 88 units. It was noted by the Commission that at the last meeting they had referred this proposal to Planning Consultant Mangiamele surrounding area. ment type zoning be established on the east side of Pioneer Drive and pared for the area in question. He recommended that a planned develop- Racine Avenue to run from the electric company right of way south to the B-4 District abutting Woods Road and that this planned development type zoning also be establishhd between the two business districts on the west side of Racine Avenue. He recommended that this zoning be approximately 500, deep from the center of the road with a 100' setback requirement. He recommended a density of 5 to 6 dwelling units per acre. He also submitted a proposed amendment to the zoning ordinance which would provide a new district with the recommended density - RST Townhouses. question which had been prepared by Ruekert 8z Mielke January, 1972, The Commission reviewed the plat of survey for the property in and indicated total acreage as 9.25. Mr. Kilps expressed opposition at the density proposed in the planner's report. He pointed out that in negotiating with the Pinance Committee he had been led to believe that the property could be developed with the RSM density. Ald. Burgermeister reviewed what had occurred at the Finance Committee meeting when they had accepted Mr. Kilps' offer to purchase the 9.5 acres. Mayor Gottfried advised that city attorney Buckley has indicated that the city is not bound to any specific proposal. Mr. Basse expressed concern at the ratio of one, two and three bedroom units. The Commission also discussed the 65% limitation on any the Common Council November 23, 1971. for evaluation of the density in this proposal and its impact on the Dr. Mangiamele submitted and reviewed a study which he had pre- 0 development in the city as indicated in Resolution #220-71 adopted by Page 2 - Plan Commission March 7, 1972 petition to rezone 9.5 acres to RSM with an OPD overlay. Mr. Bertram seconded the motion. Upon a roll call vote, Mayor Gottfried, Mr. Basse, Mr. Barry and Ald. Burgermeister voted "no" and Mr. Chase voted "yes" and the motion lost. and Mr. Bertram Council to give Mr. Kilps an opportunity to revise the ratio of one, Mr. Basse moved to defer action on recommendation to the Common 82 and to advise Mr. Kilps of the resolution adopted by the Common two and three bedroom units with the total number of units limited to Council limiting all proposed development to 65%. Mr. Barry seconded the motion. a ratio of 32 one bedroom units, 30 two bedroom units and 20 three The Commission indicated that they would be more receptive to bedroom units in an unofficial vote. the motion and the motion carried. Mr. Chase moved to recommend to the Common Council to deny the Ald. Burgermeister moved for the question. Mr. Basse seconded Upon a roll call vote the notion to defer carried,unanimously. JAMES HELING - Mr. Heling, general manager of Unitized Homes, Inc., for a general merchandising and wholesale establishment in the building appeared to request approval of building, site and operational plans formerly used by Lloyd's Camping, S75 W17461 Janesville Road. It was noted by the Commission that this is a permitted use by right in this B-3 District. 0 office, decorating center, and merchandising center for decorator and Mr. Heling advised that the building will be used as a contractor's building specialties. He also pointed out that it will be necessary to store merchandise and products in the building. The Commission reviewed a plot plan as well as a plan of the interior building. plans as submitted for this general merchandising and wholesale establish- Mr. Chase moved to approve the building, site and operational ment. Ald. Burgermeister seconded the motion and the motion carried. GORDON SCHROEDER - Mr. Schroeder of Schroeder Bros. Corp. appeared seeking final approval for Parkland No. 3, phase 3 of the Parkland planned development residential pootion. It was noted by the Commission that the final plat had been approved by the state 2-9-72 and that it had received county approval 2-18-72. Prior to the meeting the Commission had reviewed a progress report on the development which had been submitted by Attorney Sam N. Lawent under date of February 22, 1972. Engineer Barry reported that he has given tentative approval to roads and drainage until spring. In answer to questions from the Commission, Mr. Schroeder advised that the home owner's association will be organized when 2/3 of the units have been sold and that land- scaping will begin in spring and should be completed by fall. Zoning Officer Lee advised that he has not as yet received the building elevation plans for Parkland No. 2 or Parkland No. 3. Mr. Chase moved to recommend to the Common Council final approval of Parkland No. 3 subject to the condition that the building elevation plans for Parkland No. 2 and Parkland No. 3 be submitted to the the motion carried. 0 office of the building inspector. Mr. Barry seconded the motion and Page 3 - Plan Commission March 7, 1972 HERBERT C. PUETZER - Mr. Puetzer, certified public accountant, appeared for. preliminary discussion of the development of the Lazynski- District. Beck property in the SE 1/4 of Section 9 which lies within an RS-3 could be created out of the 51.5 acres, that 43 to 45 laterals have Mr. Puetzer advised the Commission that approxim8tely 120 lots been installed and that if the Commission would permit development, the 65% limitation would permit those lots with laterals to be developed only. resolved such as the $52,907.50 assessment which has been deferred for 25 years at no interest and the limited capacity of the sewerage treatment facilities. proposal to give the Commissioners an opportunity to consider these problems. Mayor Gottfried reviewed the problems which would have to be It was the Commission's decision to defer any action on this LESTER J. CHAPIN - Mr. Chapin, W175 S7245 Schubring Drive, appeared seeking approval for legal status for a lot on Schubring Drive. it does not abut a public road, that in accordance with the zoning ordinance any lot which does not abut a public road must be at least Zoning Officer Lee advised that the lot is non-conforming because two acres in size. lot on Schubring Drive to the city attorney to determine if the lot Mr. Chase moved to refer this request for legal status for a could be granted legal status. Mr. Bertram seconded the motion and the motion carrled. RENE STECKEL - Mr. Steckel appeared on behalf of Eugene Lien, Denoon Beach, Inc., in regard to his petition to amend Section 9.08 (7) C. 3. to include "camping facilities" to permit camping sites as a conditional use in an OLR Lake Recreation District. Mr. Steckel advised the Commission that for many years Denoon Beach had accomodated overnight campers, however recently had been provisions in the zoning ordinance to permit such use. advised that the camping must be terminated as there were no been submitted to the Common Council nor to the Rules, Laws & Ordinance Committee. Council pending review by the Common Council and Rules, Laws & Mr. Chase moved to defer action on recommendation to the Common Ordinance Committee. Ald. Burgermeister seconded the motion and the motion carried. It was noted by the Commission that the petition has not as yet JOHN STENDER - Mr. Stender, Vernon, appeared seeking final which falls within Muskego's extra-territorial jurisdiction, same approval for Vernon Highlands, a subdivision in the Town of Vernon, prepared by Surveyor Ronald Zimmerman January 14, 1972. It was noted by the Commission that they had deferred action at their last clarify the extra-territorial zoning powers indicated in the state statutes. from City Attorney Buckley which summarized as follows: meeting in order to request an opinion from the city attorney to The Recording Secretary read a communication dated March 1, 1972, Page 4 - Plan Commission March 7, 1972 any division of land "within the city", and does not apparently apply "Our ordinance, Chapter 18 of the Code, defines a subdivision as An enabling ordinance would have to be adopted to affect this, the lan- to the extra territorial plat jurisdiction given cities by the Statutes. guage of which should be, "any division of land within the city or which is located entirely or in part within three miles of the nearest limits of the city." In swnmary, (1) while 236.45 gives to cities the authority to apply subdivision control ordinances within the extra territorial plat jurisdiction, the validity of this Statute has not yet been decided. (2) If the city wishes to extend its subdivision control ordinance to the area within which its extra territorial plat jurisdiction applies, the city must first enact an ordinance specifically providing that its subdivision control ordinance shall apply within such territory." Mr. Chase moved to recommend to the Common Council that final approval be granted to Vernon Highlands, a subdivision which falls within the city's extra-territorial jursidiction. Ald. Burgermeister seconded the motion and the motion carried. Mayor Gottfried declared recess at 10:13 P. M. and the meeting reconvened at 10:28 P. M. 0 OTHER BUSINESS """" ROBERT HOAG - Mr. Hoag, West Allis, submitted a sketch for subdividing the James Parks property in the SE 1/4 of Section 4. It was noted by the Commission that the sketch had been prepared by Hoffmann, Polzin, Becker & ASSOC., that approximately 43 lots will be proposed for the 28 acres and that this property lies within an RS-2 District. Ald. Burgermeister moved to defer action on this sketch and for review and recommendation. Mr. Barry seconded the motion and the refer same to the city engineer, zoning officer and planning consultant motion carried. BETA, INC. - The Commission reviewed a petition which had been submitted by Beta, Inc., Hales Corners, to rezone approximately 37 acres of the Frank Narlock property from RS-1 to RS-2 to permit the creation of 20,000 sq. ft. lots which would be compatible with those lots in Hillendale Nights and Bay Shore Hills Subdivision. Ald. Burgermeister moved to refer the proposal to Planning Con- sultant Mangiamele for review and recommendation. Mr. Basse seconded the motion and the motion carried. VERN STOEHR - GERALD WICHMAN - The Commission reviewed a request to divide Lots 9, 10 & 11, Block 1, Hillview Farm Plat owned by Gerald Wichman. it was noted by the Commission that when sewers were installed, Mr. Wichman signed a land covenant which in part states, "that this real estate shall be used as a single lot and/or building site as defined by the zoning ordinance, etc...." and requested that only one lateral be installed. Ald. Burgermeister moved to defer action on this request and refer same to the city attorney for proper procedure to release this land dovenant. Mr. Bertram seconded the motion and the motion carried. Page 5 - Plan Commission March 7, 1972 124TH STFLEET RIGHT-OF-WAY - At the meeting January 18th, the Plan Commission had reouested an ovinion from the citv attorney concerning Commission reviewed Attorney Buckley's reply dated February 25, 1972, the vacation and iiscontinuance of the 124th Strket right-of way. TEe prior to the meeting. Because of drainage problems and the necessity far obtaining easements, the following motion resulted: Mr. Chase moved to recommend to the Common Council that the vacation of 124th Street right of way be tabled. Ald. Burgermeister seconded the motion and the motion carried. EXCEL REALTY - The Commission reviewed a request from Excel Realty to erect a 4' x 4' informational sign near the northwest corner of Janesville Road and Parkland Drive, sign to read, "Lot Info. & Free Plat, Excel Realty, 281-6497". It was noted by the Commission that this is a temporary sign and may be permitted for a period up to one year in accordance with Section 6.10 (12) c. of the zoning ordinance. for a period of one year. Mr. Basse seconded the motion and the motion carried. Ald. Burgermeister moved to approve the sign request as submitted UAX HERMANN - The Commission reviewed a request for legal Status for Lot 12, Block 7, Jewel Crest Subdivision, submitted by Mr. Hermann, W186 S6796 Jewel Crest Drive. It was noted by the Commission that Mr. Hermann has his existing home on Lot 11, that Lot 12 is Vacant, and that a lateral has been installed for each lot. Zoning Officer Lee reported that the majority of the lots in this immediate area are in single ownership. that legal status be granted to Lot 12, Block 7, Jewel Crest Subdivision. Mr. Chase seconded the motion and the motion carried. Ald. Burgermeister moved to recornend to the Common Council DR. ALBERT KAZMIERSKI - The Commission reviewed a request from Dr. Kazmierski. W128 S6626 Somerset Circle. to reDlat Lots 13 and 14. ~. ~~~ ~~~ ~ ~ Black 13, Pouniainwood Subdivision, to permit an ;?xisting patio to be on the same lot as the house. quiring 20,000 sq. ft. lots with 110' average width and recommended approval if the lots can be created at the required size. request. Zoning Officer Lee reported that this is an RS-2 District re- It was the Commission's decision to approve Dr. Kazmierski's SUNRISE TERRACE SOVTH - The Commission reviewed the final plat for Sunrise Terrace South, a subdivision in the Town of Vernon which falls within the extra-territorial jurisdiction of the City of biuskego, same prepared by Surveyor Claude Johnson January 10, 1972. It was noted by the Conmission that the state had objected to the plat because it does not comply with certain sections of the Wisconsin Statutes. Ald. Burgermeister moved to recommend to the Common Council to deny the final plat of Sunrise Terrace South until such time as it complies with Wisconsin Statutes. Mr. Chase seconded the motion and the motion carried. Mr. Chase moved to recommend to the Common Council that serious consideration be given to defining the legality of waiving the extra Page 6 - Plan Commission March 7, 1972 of Muskego. Ald. Burgermeister seconded the motion and the motion territorial jurisdiction zoning powers on lands not abutting the City carried. EDWARD KURTH - The Commission reviewed the certified survey map for division of the Edward Kurth property on Durham Drive in Section 11 which had been prepared by Inman, Inc., January 27, 1972. It was noted by the Commission that they had requested a SO' road dedication at their February 15th meeting and that the certified survey map indicated same. Engineer Barry recommended approval. Ald. Burgermeister moved to approve the certified survey map for the division of the Edward Kurth property. Mr. Basse seconded the motion and the motion carried. ADJOURNMEm: Mayor Gottfried moved for adjournment at 12:22 A. M. Ald. Burgermeister seconded the motion and the motion carried. Respectfully submitted, bjs Barbara J. Sands Recording Secretary 3i14-72