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PCM19720620I CITY PLAN COMMISSION I CITY OF MUSKEG0 O' MINmES OF MEETING HELD JUNE 20. 1972 CITY HALL Mayor Gottfried called the meeting to order at 8:05 P. M. Chase, Edward Raimann, Ald. Paul Schaumberg and Donald Yahr. Planning PRESENT: Chairman Jerome Gottfried, Secretary Alvin Basse, William Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were also present. ABSENT: Clark Ba.rry MINVTES: The minutes of the previous meeting of June 6, 1972, were approved as mailed. -""""- PERSONAL APPEARANCES WILLIAM PASCHKE - GOLD ROW CONDOMINIUMS - Mr. Paschke, Architect, appeared representing Jerome Roblee. developer for the Farnsworth and Kuether properties i; the northwest.corner of Section 4. It was noted by the Commission that this property is zoned B-1. It was also noted that Mr. Roblee had met with the sub-committee December 21st, 1971, to discuss the development of this property with four 16 family apartments, that Planning Consultant Mangiamele had recommended a density of 5 to be .unlikely that the area would develop as business. to be townhouses rather than apartments. He also advised that it would Mr. Paschke submitted a proposed layout which had been prepared by Paschke & Associates and indicated 48 two bedroom townhouses on this 8 acres of land (a density of 6 units per acre) with parking area for mately $23,000 per townhouse, that each unit will have living room, 100 cars. He reviewed the plan advising that the units will be approxi- dining room, two bedrooms, kitchen and two baths, that there will be a underlying zoning district as well as to petition for a planned develop- community well, and that it will be necessary to change the basic ment overlay. will be available to this property under the concept submitted. Mr. Basse seconded the motion and the motion carried. b dwelling units per acre under a planned development - such development Mr. Chase moved to request the Common Council to advise if sewers DR. GORDON DRAKE - AMERICAN COLLEGE - Dr. Drake, president of American College, appeared to.discuss construction and development of the American College campus on Racine Avenue in Section 16. It was noted by the Commission that at the last meeting it had been their opinion that because the proposed development would be multi-family in nature, a rezoning of the property would be necessary. directed to the Plan Commission: Dr. Drake reviewed the following communication dated June 19, 1972, "Gentlemen: to formally make application to erect at this time a group of four Under the present institutional zoning, American College would like buildings on the college campus. The site plan, whicg includes the overall planning of the campus, accompanies this letter. .The College proposes to sell the entire campus acreage to a group of businessmen who w~ll then erect the four buildings mentioned as well as the remaining three groups of four buildings each as sewer capacity Page 2 - Plan Commission .June 20, 1972 and need develops. The land and buildings will be returned to the college as a gift in five years from the date of completion of each group of buildings. Each building consists of eight suites: a kitchen, full bathroom and two, three or four bedrooms. The lower level has three large areas which will be used for instruction and/or recreation. The second and third levels are reserved for housing. The approximately twenty-four occupants per building will include single or married students, faculty and other employees and associates of the college. (the architects drawing of the three levels are now in the possession of the Plan Commission.) that the proposed buildings be connected to the major sewer line, of course, is agreed upon. The college is anxious to begin construction as soon as possible and would hope that the buildings be ready for occupancy by January, 1973. This is the beginning of the second semester of the school year and plan- ning classes and recruiting students requires a considerable lead time. The building inspector's office has been contacted and its request Cordially, /s/ Gordon V. Drake" Zoning OffFcer Lee advised that it was his opinion that rented apartments would not be in accordance with the intent of the RS-1 OIP District. Ald. Schaumberg moved to defer action until the next meeting in 0 order to request an opinion from the city attorney as to whether or not for rent for college oriented persons is permitted. Mr. Yahr seconded the zoning ordinance would be upheld if the proposal to provide apartments the motion and the motion carried. ROBERT WHITEHOUSE - Mr. Whitehouse, W219 S7368 Crowbar Road, from the Ervin Whitehouse property on Crowbar Road in Section 7. It appeared seeking approval to divide an approximately 3 acre parcel was noted by the Commission that this is an RCE District requiring 120,000 sq. ft. lots with 250' average width. The Commission reviewed the sketch submitted noting that the three acre parcel will be divided from a 23 acre parcel which is presently farmed by Mr. Whitehouse. will be receptive to a preliminary plat and certified survey map. Mr. Basse seconded the motion and the motion carried. Mr. Raimann moved to approve the sketch and that the Commission AflPLE HILL ESTATES - Mr. Richard Casper, developer, appeared seekinE aDDroval of the preliminary plat for Maple Hill Estates. a subdivision in the Town of Vernon which falls within Muskego's extra- meeting May 16th, they had referred this proposed subdivision to SEWRE for territorial jurisdiction. It was noted by the Commission that at their review and evaluation and for determination of how this subdivision fits in with the SEWRPC plan and what affect it will have on the City of Muskego. date of June 8, 1972, was reviewed by the Commission: The following communication directed to the Plan Commission under "Gentlemen: requesting that the Commission staff review and comment on a proposed of Section 3, TSN, R19E, Town of Vernon, Waukesha County, such comments subdivision to be known as Maple Hill Estates, to be located in the SW 1/4 This is to acknowledge receipt of your letter of May 18, 1972, Page 3 - Plan Commission June 20, 1972 to be directed at the relationship of the proposed subdivision to the adopted regional plan elements. It is our understanding that the proposed subdivision lies vithin the extra-territorial jurisdictional area of the City of Muskego and that the city is, therefore, an approving authority. Subdivision with respect to its relationship to the adopted regional Pursuant to your request, we have reviewed the Maple Hill Estates plan elements and have the following comments and recommendations to offer: 1. The land proposed to be subdivided lies within an area which is recommended to remain in essentially rural and open space land uses through 1990 in the adopted regional land use and Fox River watershed plans. In order to avoid the creation of serious environmential problems, and in order to avoid the need to provide urban facilities and services over ever-larger areas of the Region, residential development in such rural areas should be limited to very low densities with minimum lot sizes of five acres or more. 2. The proposed subdivision, which is to consist of 49 lots having a minimum area of one acre and a minimum width of 150 feet, it not proposed as recommended in the adopted regional land use and Fox River watershed to be served by centralized public sanitary sewer and water supply services plans for such urban development. generally suitable for urban development using on-site septic tank soil be viewed as a permanent solution to the problem of handling sanitary absorption sewage disposal systems. Such systems, however, should not wastes generated by urban development. Experience in the region has proved the need to ultimately provide centralized sanitary sewer service to urban development. For this reason, the Commission plan recommendations as noted in Comment No. 1 above, recommend that this land remain in essen- tielly rural and open space uses at least until 1990, and that urban development take place in those areas, indicated on the plans, only where essential public services can be readily and economically provided. Regional Planning Commission staff respectfully recommends that the City of Muskego deny approval of the proposed Maple Hill Estates Subdivision watershed plans. We would suggest in this connection that the City as being in conflict with the adopted regional land use and Fox River Attorney be consulted for an opinion as to the procedures by which the City may utilize the adopted regional plan elements in support of its recommended rejection of the plat. Section 236.13 of the Wisconsin Statutes permits plat approving authorities to utilize duly adopted master plans as a basis for decision making concerning plat approval. It may be that the city could utilize the adopted regional plan elements as a basis for plat approval decision making if they are duly adopted by the city as a part of the loc'al master plan. h 3. The land proposed to be subdivided is covered by soils which are In accordance with the foregoing findings, the Southeastern Wisconsin Sincerely, /s/ Kurt W. Bauer" Mr. Casper spoke in opposition to the recommendation from SENRPC I that the City of Muskego deny approval pointing out that the development Vernon has just recently rezoned this particular area for one acre lots is two and one half miles from Muskego's boundary, that the Town of and that because the soils are very suitable for private sewage disposal plants, the state had waived the requirement for percolation tests. He submitted communications from the state.substantiating the claims, Same Page 4 - Plan Commission June 20, 1972 read by the Recording Secretary. Mr. Joe Bauer, owner of the property, also spoke in opposition to the recommendation from SEWRPC. mendation that consideration be given to the defining the legality of Mr. Chase questioned disposition of the Plan Commission's recom- waiving the extra-territorial jurisdiction zoning powers on land not a- butting the City of Muskego, which had been referred to the Common Council in March, 1972. Mayor Gottfried advised that the recommendation had been referred to the Rules, Laws & Ordinance Committee. plat for Maple Hill Estates. Mr. Chase seconded the motion and the motion carried. I I I After further discussion, Mr. Basse moved to approve the preliminary Mayor Gottfried declared recess at 9:35 P. M. and the meeting reconvened at 9:50 P. M. ""-" OTHER BUS I NESS HERBERT PUETZER - The Commission reviewed Mr. Puetzer's request for SE 1/4 of Section 9. approval of a 99 lot subdivision on the Lazynski-Beck property in the It was noted by the Commission that at the May 16th meeting this proposed development was referred to Planning Consultant Mangiamele and for determination if this subdivision will be permitted to connect into City Engineer Barry for review and evaluation and to the Common Council been submitted to the state and county for approvals May 16th, 1972, the municipal sewer. It was also noted that the preliminary plat had Regional Planning as to layout May 19th, from the County June Sth, that approvalshad been received from the- State Director of Local and however, that the State Bureau of Environmental Health had objected to the plat June 6th. It was also noted that the Common Council had Commission whether or not sewers would be available for the development. deferred action on their Resolution #118-72 which would indicate to the on action on the preliminary plat was nearly to expiration and because the Common Council had not made recommendation as to the availability of sewers, the following motion resulted: Mr. Raimann moved to reject the preliminary plat. Ald. Schaumberg seconded the motion and the motion carried. It was the Commission's decision that because their 40 day limitation WAUER FIJX FOODS, INC. - A public hearing' to consider the request of Carl Wauer, Wauer Fur Foods, Inc., for renewal of Conditional Use Grant #20 for continued mining and processing of sand and gravel in Section 18 was held just prior to this regular meeting. as to whether or not the city could obtain the property in the event it would not be restored in accordance with the restoration plan through a contract with the bonding company. Mr. Raimann seconded the motion and the motion carried. tlve permit for Wauer Fur Foods, Inc. for one year under Conditional Use Grant #20, such permit to expire June 1, 1973. Mr. Basse seconded the motion and the motion carried. Mr. Chase moved to request an opinion from the city attorney . Mr. Chase moved to recommend approval of the renewal of the extrac- Page 5 - Plan Commission June 20, 1972 JAMES p1 JOAN KOHNE - The Commission reviewed a request for for James B Joan Kohne, W200 S7203 Hi Y Drive. renewal of junk license (auto salvage) which expires June 30, 1972, Zoning Officer Lee advised that this is a clean, neat and orderly operation, that there has not been any burning, that the Koehne's have cooperated with the city in removing junk cars from private property, that the operation is screened by the natural terrain and that he has not had any complaints concerning the operation. Mr. Chase moved to defer action on this request until the next meeting to give the zoning officer an opportunity to prepare a set of conditions which could be agreed upon relating to this particular operation. Mr. Yahr seconded the motion and the motion carried. WILLIA:.1 SCHMIDT - The Commission reviewed request for approval of Tess Corners Drive in Section 1 on which Richard Fahning desires to con- division of one parcel from an approximately 6.59 acre plot south of struct a home. It was noted by the Commission that this is an RS-2 Dis- trict requiring 20,000 sq. ft. lots with 110' average width, and that sewers are available. Planning Consultant Mangiamele presented and reviewed a study of an area bounded by Tess Corners Drive, Woods Road and Sherwood Circle which the Commission had requested to determine if this single lot division would be compatible with future development of the entire area. Mr. Basse moved to approve the sketch and that the Commission will be receptive to a preliminary plat and certified survey map. Ald. Schaumberg seconded the motion and the motion carried. ZONING ORDINANCE AMENDtdENT - RENDERING PIANTS - The Commission reviewed a petition which had been submitted by Carl Wauer, president of Muskego Rendering Company, to amend Section 8.15 (1-1 Industrial Park District) to permit rendering plants in industrial districts as conditional use grants. It was noted by the Commission that a public hearing has been scheduled for June 27th before the Common Council. Zoning Officer Lee reviewed the proposed amendment for the Commission. Council until after the public hearing. Ald. Schaumberg seconded the Mr. Raimann moved to defer action on recommendation to the Common motion and the motion carried. NEW BERLIN ASSOC., INC. SUBDIVISION - TOWN OF VERNON - The Commission reviewed a preliminary plat for New Berlin Associates, Inc., a subdivision in the Town of Vernon which falls within Muskego's extra- Page 6 - Plan Commission June 20, 1972 HALE PARK MEADOWS & DURHAM MEADOWS SUBDIVISIONS - The Commission reviewed a reouest for aDDrova1 of architectural amearance of DumDhouses to be located -in Hale Pakk Meadows & Durham Meadows: It was noted'by the Commission that at their last meeting, the locations for the pump- houses were approved, however, action was deferred on architectural appearance, same referred to Zoning Officer Lee. been architecturally designed and constructed of concrete block. been submitted at the last meeting, same prepared by Ralph Milaeger, March, 1972, and to request that a new design be submitted which will be durable, vandal proof and esthetically acceptable. Mr. Yahr seconded the motion and the motion carried. Zoning Officer Lee submitted photographs of a pumphouse which had Mr. Chase moved to reject the design of the pumphouses which had ST. LEONARD'S SUBDIVISION - The Commission reviewed a preliminary plat for an 1.1 lot subdivision on Lannon Drive north of the St. Leonard's It was noted by the Commission that the plat had been submitted to the church buildings which had been prepared by Inman, Inc., April 20, 1972. state and county for approvals May 16th. 1972, that approvals had been Resoluti.on #107-72 which indicated their intent to permit this sub- received from those agencies and that the Co.mon Cou.ncil had passed eivision to connect into the municipal sewer system. Raimann seconded the motion and the motion carried. Ald. Schaumberg moved to approve the preliminary plat. Mr. JOHN GROH, AGEW FOR MARY PRESTON - The Commission reviewed a petition which had been submitted by John Groh, Agent for Mary Preston, requesting determination of legal status for Lots 31, 32, 33, 34, 35, and 37, Mill Valley Heights, unrecorded subdivision. Council and to request the zoning officer to submit a plat of this entire subdivision. Mr. Raimann seconded the motion and the motion carried. Mr. Chase moved to defer action on recommendation to the Common CITY OF MUSKEG0 - INDUSTRIAL PARK - Mayor Gottfried submitted a sketch for division of avoroximatelv 15 one acre varcels in the un- platted area of the indu'strial park'which would bk south of Gemini Drive and bounded by Racine Avenue. In the discussion which followed, it was noted by the Commission that the 1-1 District requires lots of one and one-half acre in size. the motion carried. Mr. Chase moved to defer action. Mr. Yahr seconded the motion and ALLEN G. BUHRANDT - The Commission reviewed a sketch which had been submitted for an approximately 5 acre division of the Buhrandt property, S93 W20379 Henneberry Drive, in Section 20. It was noted by the Commission that this is an Agriculture District requiring 3 acre parcels with 300' average width. It was also noted that a 3 acre parcel had been divided in 1965 which lies adjacent to this proposed division. Mr. Yahr moved to approve the sketch submitted subject to the condition that the back lot line of the proposed parcel be equalized with the back lot line of the existing parcel to the west. Ald. Schaumberg seconded the motion and the motion carried. Page 7 - Plan Commission June 20, 1972 """""""""" COMMUNICATIONS Sr MI SCELLANEOUS BUS I NES S ALVIN C. BASSE - The following communication dated June 19, 1972, directed to the Mayor, Common Council, Plan Commission and Sewer Committee was read by the Recording Secretary: Gentlemen: farm. That land being considered is bounded by Bay Lane School to the south, Bay Lane Road to the west, Highway 24 to the north and the Chester Luedtke property to the east. This parcel is a total of nearly 60 acres of which present plans call for developing only that land which can be of installation was approximately 20 acres. The assessment for sewers served by the present sewer system of which we were informed at the time fronting this land were paid in full in 1966 which we felt indicated our intention to make use of the sewer as soon as possible. We hope you will give this matter consideration in your future plans of the northwest sewer district. Plans for this development will be submitted in the near future. This is to inform you of our intention to develop a portion of our Yours truly, /s/ Alvin C. Basse" WALLNER-LOOMIS PROPERTY - The following communication dated June 13, 1972, directed to the Mayor, Common Council, Plan Commission and Sewer Committee was reviewed by the Plan Commission: "Gentlemen: known as the Loomis farm. Description of land shown on attached sheet. Please be advised of our intent to develop the lands owned by us outcome of projects by the city on surrounding lands, such as the Civic Pie have delayed our decision on developing these lands pending the have just recently (June 1, 1972) been completed by the sale of B Bonds. Center and the Industrial Park. The final decision on these projects These final decisions were necessary to plan the use of the surrounding lands by us, and to assure the compatibility of the projects. (phase Xl), with principal and interest payments due annually thereafter. The sewers fronting this project were assessed five years ago No deferment was offered or requested since the sewers assured the devel- opment of these lands. given prior assurance of the city's intent to permit connection into It now appears that many projects sewered or to be sewered are being the municipal sewer system without regard to the talk that the northwest treatment pond is now near capacity. We request that prior to passing any further resolution indicating the city's intent regarding sewer connections, the land described above be given the consideration of its rights established by the 1907 sewer planning of two of their major projects should not be considered the assessment. I am sure that the patience we have given during the city's waiving of our rights to municipal sewer or its sewer capacity. and our desire to use the municipal sewers. We have not received any ihrch 15, 1971, letter in regard to this matter. We request a written conrirmation or communication from the City of i4uskeso regarding the answer to the above mentioned letter, so that this matter can be resolved in the immediate future. Please note the a-5tached letter to the city advising of our plans Yours truly, IXJSICEGO INDUSTRIAL PARK. INC. /s/ Raymond X- Nallner, Sec." Page 8 - Plan Commission June 20, 1972 REVISED MEJlTING DATE - As the next meeting date falls on July 4th, hiavor Gottfried advised that he will notifv the members of a revised meeting date if it is nece'ssary to hold such meeting. Mr. Chase moved for adjournment at 11:47 P. M. Mr. Basse motion and the motion carried. Respectfully submitted, Barbara J. Sands Recording Secretary b js 6-27-72