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PCM19890321CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON March 21, 1989. Mayor Wayne Salentine called the meeting to order at 7:OO P.M. PRESENT: Chairman Wayne Salentine, Edward Raimann, Jerald Hulbert, Alderman Mitchel Penovich, Dottie Rector, Jack Schmidt and Director Gerald Lee. ABSENT Darl Honl. MINUTES Alderman Penovich moved to approve the Minutes of the March 7, 1989 meeting. Mr. Schmidt seconded and the motion carried unanimously. OLD BUSINESS : BUILDING SITE AND OPERATION PLAN-MERFERT The recording secretary reread Resolution t25 89 Site and Operation Plan-A1 Merfert, which had been read at the March 7th meeting when it was deferred to get input from the neighboring property owners. One of the adjoining property owners, who had been notified, Mr. Small, was present and asked a Merfert's property (goes all the way to College Avenue). Mr. question about the drainage. He has 7 112 acres north of Mr. Merfert was present and responded that he intends to have the swale come away from the buildings and slope. Mr. Hulbert questioned what tax options would affect the sale of the property north of Merferts in the future? Maybe Mr. Small would like to Mr. Merfert stated that he wanted the sheds to look like a sell his lots and would like to have sewer service in the area. fence. Alderman Penovich commented that he felt the sheds would lend a hetter impression to the area. Mr. Small asked if shrubbery could be put in so that less of the building would question was raised as to the 15' side yard and the slope and show? Mr. Merfert responded that trimming would be a problem. A tree planting. Mr. Lee responded that it depends on the cut for the swale -- there should he a 2 to 1 pitch. Mr. Merfert said there would be a security fence with a gate and lights. The Chairman asked the recording secretary to reread the letter signed by two of Mr. Merfert's neighbors, Mr. Bierer and Mr. Kurth's verbal approval. Mr. Raimann felt the commission should Howard, stating no objection to the storage sheds. He has Mr. go about this in a different way. He doesn't feel right settinR a precedent. Mrs. Rector felt she couldn't reconcile this useage since it is not incidential or accessory. Mr. Lee stated what uses the 00s zoning allows. Mr. Hulbert questioned whether with the RS-2 zoned land behind Mr. Merfert's, would it be less - - Disapproval of Building, m Page 2, Plan Commission Minutes 3/31/89 v saleable if they change their mind in the future? Chairman Salentine reminded the members that an aye vote would agree with disapproval of the resolution. Ilpon a roll call vote the motion to adopt carried with Chairman Salentine and Alderman Penovich casting dissenting votes. NEU BUSINESS : CERTIFIED SURVEY MAP-WERNETTE The recording secretary read Resolution #P.C. 31-89 Approval of Certified Survey Map - adoption. Mr. Hulbert seconded. A comment was made that Restful SE 1/4 of Section 11-Thomas F. Wernette. Mr. Raimann moved for Lane comes out on Freedom Acres area and is curbed and guttered. Upon a roll call vote the motion to adopt passed unanimously. REZONING PROPERTY NW 1/4 OF SECTION 13-MIECH The recording secretary read Resolution #P.C. 32-89 Approval of Rezoning Property from R-2 to R-2/00S-Jeff Miech. Mrs. Rector moved for adoption. Alderman Penovich seconded. The Chairman requested the recording read two letters from Mr. Miech describing his proposals dated February 20, 1989 and March 18, 1989. Mr. Schmidt asked Mr. Lee to explain the legal opinion from Atty. Molter. Mr. Lee explained that certain restrictions could be placed on the resolution to amend the building, site and operation plan and that the commission should be specific. The hours of operation are important. You can add or subtract rather than condition the zoning. Alderman Dumke was present and had two concerns: 1-What if he sells could they put in a 10 man operation? 2-The business is in a subdivision: would this encourage other neighbors to open businesses? Mr. Lee responded that the building, site and operation plan has control over 00s zoning. Mr. Raimann stated that he is looking for as many restrictions as necessary and still let him operate the business. Mr. Miech stated that he has talked to his neighbors and has several signatures supporting his proposal. The Chairman asked the recording secretary to note that the February 20th letter presented to the commission included signatures in the form of a petition giving their approval. He has a little over 3 1/2 acres. The barn has been cleaned, painting will be done and boards will be replaced. Mr. Hulbert stated that if the barn had not been there, he would not be in favor of the rezoning. Mrs. Rector again referred to the sheet with Atty. Molter's The present owner could not expand on the building, site and information. Mr. Lee again explained the use and limitations. operation plan or add to the barn without coming hack to the Plan Commission. Mr. Raimann again stated that he is not against the print shop. He just doesn't want to vote in favor of changing the zoning. llpon a roll call vote the motion to adopt carried with Mr. Raimann casting the dissenting vote. 0 Page 3, Plan Commission Minutes 3/21/89 Chairman Salentine suggested that Resolution 38-89 be taken up next as it relates to-Resolution 32-89. ~~ ~ BUILDING, SITE AND OPERATION PLAN44IECH The recording secretary read Resolution I1P.C. 38-89 Approval of Building, Site and Operation Plan, NW 1/4 of Section 13 (W135 58266 Durham Drive-Jeff Miech. Mr. Hulbert moved for adoption. Mrs. Rector hours 8:OO A.M. - 5:OO P.M. he added to the resolution as a seconded. Mr. Lee suggested that 116 listing Mr. Miech's business condition. Mr. Hulbert questioned condition 114 and the number of parking spaces and dustproofing. Mr. Hulbert asked Mr. Miech if he had dustproofing plans? Mr. Miech responded that he did not have any plans. Mr. Hulbert asked if the outside will look the and will replace them with new doors to enhance the building. same. Mr. Miech stated that the barn has two garage doors now After a brief discussion Mr. Schmidt made a motion to amend the resolution by changing condition #4. to read that there would be less than four parking spaces, thus removing the dustproofing requirement; add A6 to read that the hours of operation be from 8:OO A.M. to 5:OO P.M. Monday through Friday; add I17 to state that the integrity of the outside of the building be maintained; add A8 to read that the signage on the entrance door be 16" x dated February 20th and Elarch 18, 1989. Mr. Hulbert seconded. 21"; also add #9 to include restrictions outlined in the letters Upon a roll call vote the amended resolution carried with one dissenting vote cast by Mr. Raimann. REZONING PROPERTY IN NE 114 OF SECTION 14-KURER The recordine secretary read Resolution 33-89 Approval of Rezoning Property-in the NE" 114 of Section 14 Durham Rbad and Schultz Lane-Lynn Kurer. Alderman Penovich moved for adoption. Mrs. Rector seconded. Lynn Kurer was present. Mrs. Rector asked if the barn is currently being used for storage. Lynn Kurer construction company and she would like to use the property for responded that it has been used for 25 years. Her brother has a rental purposes. She would like to expand to 00s zoning to do so. Mr. Lee questioned the size and number of trucks she would bed truck and others. Mr. Schmidt commented that he is concerned have? Ms. Kurer responded that there were dump trucks, a flat about the area needing restrictions. Chairman Salentine responded that you need the restrictions in the building, site and operation plan in Resolution #P.C. 39-89 which we will take After some discussion a roll call vote was taken and t e motion carried with one dissenting vote cast by Mr. Raimann. "R next- u/v3 S79SO BUILDING, SITE AND OPERATION PLAN-KURER The recording A~~! Operation Plan NE 114 of Section 14, Durham Road and Schultz secretary read Resolution 39-89, Approval of Building, Site and '.* Lane-Lynn Kurer. Mr. Schmidt moved for adoption. Alderman Penovich seconded. Mr. Hulbert questioned Ms. Kurer as to how Kurer responded that she would have a rental business; some & <pL:y j/ J- 0 much of her personal property would be stored on the site? Ms. SEC, jy e Page 4, Plan Commission Minutes 3/21/89 construction equipment, lumber and bricks, backhoes, trucks -- the things she has listed on her site plan. Mr. Lee commented that farm equipment can he stored on the property since it is would be replaced by a new structure for storage (approximately used for agricultural purposes. She stated that the "pig stable" be serviced by sewers. Ald. Dumke was present and commented that 135' x 48'). There was some discussion on whether the area could he didn't think so. Signage was mentioned in regard to detracting from traffic.. Mr. Lee said she would have to come back to the Plan Commission to request permanent or temporary signage and construction of any future buildings or additions to the existing buildings would have to be reviewed. He also expressed concern about having a road divide the farm and in the future selling the barns or duplex. The site plan would need reapproval. This gives us a chance now to review the use. Ms. Kurer responded that she doesn't know what the future holds for her as far selling the property. Mr. Hulbert stated that he of the land for a trucking business, if it was sold. After some though we should look to the future and restrict the future use discussion the members felt that perhaps this matter should be deferred to work out the details as to what is on the land he a restriction for use of the land. Mr. Hulbert moved to defer presently and what is to be stored. Ownership of the land cannot the resolution to give Ms. Kurer time to identify her operation deferring this matter. Upon a roll call vote the motion to defer resulted in a tie-vote, thus no action being taken, as Chairman Those three votes were in deadlock with the three votes to Salentine, Mr. Schmidt and Ald. Penovich cast dissenting votes. defer. The matter returned to the floor for further discussion. Mr. Raimann commented that maybe we don't need to rezone. Mr. Schmidt responded that Ms. Kurer is asking for a new building with rental use. It was decided to proceed on with the what she is proposing to do with the property. She listed discussion of the resolution and ask Ms. Kurer to try to identify several trucks and trailers for her brother's business, her husbands welding business and other equipment. Mr. Lee commented that transit trucks are not allowed. After a lengthy discussion Mr. Hulbert made a motion to amend the resolution by placing a condition that 1 - There be no outside storage. 2 - The property owners listed be the only ones allowed to operate this business. Upon a roll call vote the resolution to amend carried with Mr. Raimann casting a dissenting vote. Upon a roll call vote the motion to adopt passed with one dissenting vote cast by Mr. Raimann. 0 more fully. Mrs. Rector seconded. Ms. Kurer questioned Note: Please see Plan Commission Minutes dated 4/4/89 re: PC#39-89 also. Page 5, Plan Commission Minutes 3/21/89 REZONING PROPERTY IN THE SE 114 OF SECTION 17- BUSHBERGER The recording secretary read Resolution #P.C. 34-89 Auuroval of Rezoning ProDertv in the SE 1/4 of Section 17. Todd .. I, Bushberger. Mr. Hulhert moved for adoption. Alderman Penovich seconded. Mr. Bushberger presented his proposed 40-unit development, which consists of 10 four-family buildings. They will be townhouse style with brick trim on the front, 3 bedrooms, 1 112 baths and an attached garage. He showed the commissioners overload the site. Mr. Klenz, representing Woodcrest Heights was the layout. He could development more units but didn't want to also present and expressed his concern about the impact this proposed development would have on his development, since he has completed Phase 1 and is in his second phase. He questioned positioned single family dwellings in this area. He has just whether there is sewer capacity for these additional units and if there were the necessary easements for sewer. He listed the units presently available to the public for rental in several areas of Muskego -- approximately 530 plus. thus meeting the needs of the public. He feels that this approval would he "spot zoning" meeting the demands of the investors. Mr. Bushberger responded that if you keep putting up 2 bedroom units, they will not meet the needs of the people requesting 3 bedroom units. Mr. Hulbert asked Mr. Bushberger if he felt he could fill up his 3 bedroom units? Mr. Bushberger responded that he's had numerous opposed to the rezoning due to the fact that the single families requests. Mr. DeBack was also present and commented that he was in Woodcrest are there and it may degrade the area by putting in strictly rentals. They had planned to construct duplexes near have high rentals and few children. He is concerned about the there at one time. He is proud of their 2 bedrooms units which has 5 acres left to develop in that area. Mr. Bushberger traffic on Woods Road and feels this would be spot zoning. He his property for single family homes, they didn't like to look at commented that when he brought prospective buyers over to look at Mr. Stan Potrykus was also present and stated that he met with the 8-families next door. Mayor Salentine and Rich Eberhardt, the city engineer. A study on sewer capacity was made showing that there was the capacity for 40 more units. The Sewer Committee has deferred this sewer felt that this is based on the availahility of sewers as the issue and are waiting for the Plan Commission decision. Mr. Lee discussion Mr. Raimann proposed to get a planners report as there Sewer Committee has to protect everyone's rights. After Some seems to be a problem with putting these units near single family homes. We have to consider the impact of this on Woodcrest. The a cost to he shared ,jointly by the city and Mr. Bushberger. Mr. Plan Commission has money in their fund to hire Dr. Mangiamele at Lee stated that Dr. Mangiamele's report would have to be completed within 30 days from the date Mr. Bushberger made application for rezoning which is March 10, 1989. The report Page 6, Plan Commission Minutes 3/21/89 would have to he in by April 10, 1989. Mr. Klenz objected to the city sharing any cost, since he stated that in the past he had to for his future hills. Mr. Raimann made a motion to defer this incur all the costs as a developer. He'd use this as a precedent resolution and to require a planner to review this matter. Mr. Schmidt seconded. Mrs. Rector made a motion to amend the motion to defer by Mr. Raimann to state that the petitioner will request Woodcrest and the estimated cost of the study will first he the study to get an opinion on the impact of this development on discussed with Mr. Bushberger before any further costs incurred. Mr. Schmidt seconded. Upon a voice vote the motion passed unanimously. VACATION OF RIGHT OF WAY SW 1/4 OF SECTION 12- WEIHER/CARTER The recording secretary read Resolution #P.C. 35- 89, Approval of the vacation of right of way in SW 1/4 of Section 12 (McShane Drive) - Weiher/Carter. Alderman Penovich moved for Acres also dedicated 50' from the center of Mc Shane Drive. adoption. Mr. Hulbert seconded. Mr. Lee stated that Freedom Parcel 2 was just created. Upon a roll call vote the motion to adopt passed unanimously. TRUCK PARKING-THOMPSON The recording secretary read Resolution #P.C. 36-89. ApDroval/DisaDDroval of truck parking at W171 57666 Lannon Drive-Eiien R.. Thompson. Mr. Schmidt movei for adoption. Mr. Hulbert seconded. Mrs. Thompson was present and stated that there would ,just be a tractor parked there, and she neighboring property owners on Lannon Drive approving the presented the commission with a petition signed by two parking. The Chairman stated that this will he a tough decision because there may he senior housing built in that area in the future. The parking of trucks cause a lot of complaints. Mr. Lee stated that this parking would have to take into consideration the size of the lots and the affect on the woods on both sides of her property. Mr. Hulbert wanted to know attractiveness of the area. Mrs. Thompson stated that there are where she is parking now and if she considered parking in a truck terminal? The commission felt that there is a need for a designated area for truck parking. The Police Department is considering banning overnight parking from its streets. Mr. owners living within 300' of this property could he notified. Raimann made a motion to defer this matter until the property Mr. Schmidt seconded. Upon a voice vote the motion to defer passed unanimously. CERTIFIED SURVEY IIAP SW 1/4 OF SECTION ll-HOORNANN The recording secretary read Resolution #P.C. 37-89 Approval of certified survey map SW 1/4 of Section 11-Robert Hoormann. Mr. Schmidt moved for adoption. Mr. Raimann seconded. Mr. Raimann requirement? Stan Potrykus was present and stated that the barn questioned why this barn was not torn down if it was a Page 7, Plan Commission Minutes 3/21/89 would he removed. After a some discussion a roll call. was taken and the motion to adopt passed unanimously. MISCELLANEOUS BUSINESS: Plan for the commissioners review. A comment was made that they rezoning with an Industrial base buffered by the church. We need should look at the area near i4essrs. Merfert, Small and Kurth for to look at a Planner's Report to see if we can gain some insight. Comprehensive Plan - Mr. Lee presented a Comprehensive Landscaping - Mr. Lee talked about the landscaping done in Muskego. He is still working on his report. Mr. Lee was asked if two trees per new house were still required to he planted? Mr. Lee responded that they were. Mr. Hulbert wanted to know the cost of a fence versus effectively screening with trees. He decided to call Mr. Lee to discuss this further. Berm - Mr. Lee stated that in regard to the berm for maintain the berm since it is part of their lot. Guernsey Meadows, it is the responsibility of the homeowners to FLOW - Chairman Salentine briefed the commissioners on the latest development with the court case on equalized valuation. ADJOURNMENT: Mrs. Rector moved to adjourn at 11 :15 P.M. Mr. Raimann seconded and the motion carried. Respectfully submitted, "$k" Cheryl Schmidt Recording Secretary