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PCM19900515CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON MAY 15, 1990 Mayor Wayne Salentine called the meeting to order at 7:OO P.M. PRESENT: Chairman Wayne Salentine, Edward Raimann, Jerald Mulbert, Alderman Dave Sanders, Dottie Rector, Jack Schmidt and Director Gerald Lee. ABSENT. Darl Honl. MINUTES Mr. Raimann made a motion to approve the Minutes of the Fray 1, 1990 meeting. Mr. Hulbert seconded. Upon a voice vote the motion to approve passed unanimously. Mayor Salentine stated and acreage for the Lynn Kurer request concerning Resolution that he had corrected the minutes to state the number of units 1lP.C. 72-90. OLD BUSINESS: APPROXIMATE Y >- - RESOLUTION #P.C. 72-90-DISAPPROVAL TO REZONE PROPERTY -m RD. br SI2 Wlb4)(J DEVELOPMENT-LYNN KURER - Mayor Salentine stated that this matter is back on the floor at the Common Council's request for further review by the Plan Commission. He requested Ald. Sanders bring the commissioners up to date on the action the Common was a lot of discussion about the allowable number of units and Council took at their meeting. Ald. Sanders responded that there The Council felt they couldn't determine anything until acreafe- the P an Commission further reviewed the request with the new information. It was felt Mr. Lee had given different zoning information about the rezoning request. Chairman Salentine told the commissioners that the Common Council has initiated a new policy requesting a written report to be prepared and presented to the Plan Commission whenever there is a zoning request. Therefore, Mr. Lee had pre ared a sheet with this zoning information for Lynn Kurer s request which was given to all commissioners. Stan Potrykus spoke in behalf of Lynn Kurer and ave the history of her request for rezoning. Her petition is for 158,000 square feet. Stan commented that Lynn's rezoning request would provide good zoning for the area. It is near a street able to handle the traffic. Chairman Salentine asked the commissioners for their comments. Ald. Sanders stated that the plan looks nice and he would like to keep as much open space as possible. He feels 32 units is too much and likes 24 units with the house gone. He has received feedback from his constitutents expressing their desire to preserve open space. P Pg. 2, Plan Commission Minutes, 5/15/90 Mr. Lee stated that the staff's recommendation was based on the proximity to 24 units, as you can't condition zoning --- Planned Unit Development (P.U.D.). RSM zoning is use by right only in for 32 units -- with no conditions. Without a P.U.D. all we are doing is increasing the density which is wrong. Ald. Sanders responded that the City Attorney had said that to do the rezoning correctly, you would have to have a separate zoning district between RSA and RSM. Stan Potrykus said that the site and operation plan would show 28 and the owners is willing to have deed restrictions. Mr. Lee questioned what would happen to the number of units if the land was sold? Mr. Hulbert commented that the city needs to protect Mr. Schmidt wanted to clarify that this resolution was sent back itself. Someone else could end up with the developer's rights. to talk about 16 and 32 units -- not 40 and 20. The Council discussed 28 plus taking the house down. The Mayor said he is discussion about deed restrictions and the need for a new public comfortable with 28 with deed restrictions. There was further hearing if there was a P.U.D. request. Mr. Hulbert felt comfortable with the way the resolution was acted on at the last meeting. He feels it is appropriate and hears the same thing from other people. Dottie Rector made a motion to offer an created. First, there was a roll call vote on Resolution #P.C. amendment; a new resolution #P.C. 72-90A would have to be Janesville Rd., & S72 W16450 Janesville Rd. from RSA to RSM. An 72-90, Disapproval to rezone property approximately at S73 W16500 aye vote would mean disapproval. Upon a roll call vote the motion to adopt passed with a vote 5 to 1 with the dissenting vote by Mr. Raimann. Dottie Rector made a motion to create Resolution #P.C. 72-90 to #P.C. 72-908, Approval to rezone Janesville Rd. from RSA to RSM, which included a deed restriction property approximately at S73 W16500 Janesville Rd. & S72 W16450 limiting the number of units to 28. Mr. Raimann seconded. Upon a roll call vote the motion to adopt Resolution 1IP.C. 72-90A ended in a tie vote 3 to 3. Therefore there was no action on this resolution to send back to the Council. NEW BUSINESS: BANNER FOR MUSKEG0 COMMUNITY FESTIVAL - The recording secretary read Resolution 1IP.C. 80 - 90 , Approval of temporary banner across Janesville Rd. for the Muskego Community- Festival. Mr. Schmidt moved for adoption and Mrs. Rector seconded. Upon a roll call vote the motion to adopt passed unanimously. Pg. 3, Plan Commission Minutes, 5/15/90 EXPANSION OF CONDITIONAL USE GRANT-ELLSWORTH KOCH - The Recording Secretary read Resolution #P.C. 81 - 90 , Approval of expansion of conditional use grant at Wl9l S7691 Racine Avenue. Mr. Hulbert moved for adoption and Ald. Sanders seconded. IJpon a roll call vote the motion to adopt passed unanimously. EXPANSION OF CONDITIONAL USE GRANT-HUNTER'S NEST - The recordine secretary read Resolution iii" .. C 82 YU - , ~pprovai of "~~~~ ~ P- ~ expansion of conditional use grant at S80 W14401 Schultz Lane. Mr. Raimann moved for adoption and Mr. Schmidt seconded. Upon a roll call vote the motion to adopt passed unanimously. APPROVAL TO REZONE NE 114 SECTION 17-TERRA DEVELOPMENT The recording secretary read Resolution #P.C. 83- 3/OPD to allow residential development. Mr. Hulbert moved for 90, Approval to rezone NE 114 of Section 17 from RS-2/W to RS- Lee to clarify the title which was inaccurate due to the fact adoption and Mrs. Rector seconded. Chairman Salentine asked Mr. description, was only conceptually rezoned RSM/W/OPD recently and that Robert Stack's property, which is part of this legal should not be in the title. There was some discussion concerning Mr. Stack's zoning and the land involved. Mr. Patch stated that he would be obtaining something in writing concerning Mr. Stack's withdrawal of the preliminary plat or amending it and present it 0 to the Plan Commission. Mr. Hulbert questioned the size of the lots. Mr. Patch responded that he wished to keep the lots uniform. It will be multi-family on Mr. Stack's other land. Upon a roll call vote the motion to adopt passed unanimously. DEVELOPMETT moved for adoption and Mr. Hulbert seconded. Mr. Lee said that 90, Approval of preliminary plat for Lake Forest. Mrs. Rector we are only looking at single-family development now and will Mr. Patch said he would be returning with finished multi-family need building, site and opertion plan for multi and commercial. plans. Mr. Patch showed the commissioners where the main entryway would be of Janesville Road for the Fire and Police center area. He also briefly discussed the water concerns and Department vehicles. The second entry would be off the shopping the easement for storm sewers. Mr. Patch had a picture of a proposed 12' x 8' temporary sign for Lake Forest which he passed around. The sign request will be on the next meeting's agenda. It was stated that the deed restrictions will control the development. Dr. Mangiamele was present to give a report on this post lights would be located? Mr. Carrity responded that'they development. He asked Mr. Carrity of Terra Development where the will be located near the driveway in addition to the city s APPROVAL OF PRELIMINARY PLAT FOR LAKE FOREST-TERRA - The recording secretary read Resolution CP.C. 84- I) Pg. 4, Plan Commission Minutes, 5/15/90 li hts. Ald. Sanders asked what is the status on the livestock an8 buildings? Mr. Patch responded that the residential buildings (homestead, cottage and duplex) will stay up. A resident questioned what zoning the ponds have now? Chairman Salentine responded that this is a mixed-use development. Mr. Carrity further commented that this particular pond is not a wetland/shoreland large enough for the Corps of Engineers approval. He said that there is a problem with sedimentation going into the lake now. The area is very rugged and eroded and this will clean-up the area. He has not completed all of the pond plans, but can't make the statement that he won't cut down 150 year old trees. Mr. Hulbert stated that he would like to protect Little Muskego Lake; the lake association was at the last Lake Association Committee meeting. The 404 application has been made regarding the wetlands. Mr. Lee further explained the areas in question on a map prepared by SEWRPC. Chairman Salentine told and State agencies look at this in different ways. Mrs. Berger the residents present that this is the first step. The Federal commented that this "pond" near her house is a natural gully and she feels the plans have changed so much. Mr. Patch told the residents that he is picking up water problems created by their homes being built. Mr. Dave Manz, another resident, expressed concern about the elevation on the street being higher. Mr. he prepares the grading plan. There was some discussion about Carrity responded that he will take that into consideration when Lots 133 and 134 being long lots with private lands nearby. Dr. Mangiamele continued his report and stated he had looked at the development on Friday. This is a P.U.D. requiring a landscaping plan (Outlot 7); this open space is for an outlot designated "Park". He briefly discussed the following: 1-The good development. 3-The drainage problem should be handled road system looks okay with two ways out. 2-The open space is a should be a berm provided near the entrance. 5-A landscape plan internally and not cause problems for the residents. 4-There your property value --- should be provided. 6-This development should not deter from recommends approval with the requirement of a landscape plan the values should go up instead. He provide all plans for landscaping within the preliminary plat. early on in the process. Mr. Patch responded that he will Dr. Mangiamele was also concerned about who will maintain the ponds. It was thought that this should be in the Developer's Agreement. He further stated that he didn't think this plan provided high density. Mr. Patch stated that he will come in for years. Mr. Raimann told Mr. Patch he would like to see him get three phases for the final development, which may take 3 112 together with the residents to work out their differences. Pg. 5, Plan Commission Minutes, 5/15/90 Mrs. Rector wanted to know if the road on Prospect Drive could take the traffic load? Dr. Mangiamele responded that this is a collector road with no serious traffic problem. Chairman Mangiamele return to the next meeting on June Sth? They Salentine asked the members if they were requesting Dr. responded they would. Upon a roll call vote the motion to adopt passed unanimously. APPROVAL OF ABOVE-GROUND GASOLINE TANK-LLOYD HA" - The recording secretary read Resolution CP.C. 8b YO above ground gasoline tank in the Muskego Industrial Park for LLoyd Hamm. Mr. Raimann moved for adoption and Ald. Sanders seconded. Mr. Hamm stated that he will remove a tank and put in an above ground tank, which will be more environmentally safe. The tank will be large enough to provide gasoline for all his trucks. Mr. Raimann asked Mr. Hamm if he had to get the state's Hulbert questioned if there would be adequate screening? Mr. approval? Mr. Hamm said he had applied for approval. Mr. Hamm responded that it will below the existing fence. Upon a roll call vote the motion to adopt passed unanimously. - , ~pprova~ of APPROVAL OF CERTIFIED SURVEY MAP-DUANE WHITEHOUSE - The recording secretary read Resolution 1fP.C. 8b - 90 , Approval of certified survey map in the SW 1/4 of Section 6-Duane Whitehouse. Mr. Hulbert moved for adoption and Mr. Schmidt seconded. Mr. Lee commented that the road dedication on the certified survey map showed 75 plus a variety of other widths. He would get a 100' road width to include the 25' when the subdivision is created. He'll only dedicate 75'. This land is zoned RCE (Rural Country Estates). Upon a roll call vote the motion to adopt passed unanimously. I I 0 APPROVAL OF 20' X 30' 2ND GARAGE STRUCTURE (BARN)-ROBT. & JODIE GRUENSTERN - The recording secretary read Resolution I/p.C. - YO. ADDrOVal of 20' x 30' second aaraae structure (barn) at W212 S743& Anne's Way by Robert and Sodie Gruenstern.. Mr.. asked what they will store in the barn before the horses? They Schmidt moved for adoption and Mr. Raimann seconded. Mr. Hulbert a roll call vote the motion to adopt passed unanimously. said there would be no temporary storage before the horses. IJpon APPROVAL OF 12' X 16' 2ND GARAGE STRUCTURE-RICHARD TOLMAN - Th Apal of 12' x 16' second garage structure at 572 W17434 Sc K ubrine. Drive. Mr. Hulbert moved for adODtion and Mr. Schmidt e recording secretary read Resolution #P.C. 88-90, seconded: Mr. Tolmann had pictures of the structure he wished to move from his neighbor's property. The pictures of the structure fike. Upon a roll call vote the motion to adopt passed ave the commissioners a good idea what the building would look unanimously. Pg. 6, Plan Commission Minutes, 5/15/90 APPROVAL OF 26' x 24' 2ND GARAGE STRUCTURE-CML SCHICKOWXI - The recording secretary read Kesolutlon fiP-c. 89- Drive, Carl Schickowski. Mr. Raimann moved for adoption and Mrs YO, Approval of second garage structure at W194 S7319 Richdorf Rector seconded. Mr. Schickowski stated that he will use the building for cars. Upon a roll call vote the motion to adopt passed unanimously. . APPROVAL OF FIREWORKS TENT & SIGN-PARKLAND MALL PARKING - LOT - Th ADuroval of fireworks tent and one 2' x 10' sign for C. Bitter. e recording secretary read Resolution IIP.C. 90 90 - 9 Aid. Sanders moved for adoption and Mr. Hulbert seconded. The etitioner wasn't present, but the recording secretary stated she [ad gone over the resolution with the petitioner and explained the hours of operation, etc. Upon a roll call vote the motion to adopt passed unanimously. APPROVAL TO AMEND BLDG.& SITE PLAN-TOM 'N SONS - The recording secretary read Resolution WP.C. 91 90 - , Approval to amend building & site plan to permit 75' x 74' addition to the Tom 'n Sons (machine shop) W190 S8151 Mercury Drive-Muskego seconded. Mr. Lee said the south elevation is the front of the Industrial Park. Mr. Hulbert moved for adoption and Ald. Sanders building. There was some discussion concerning the amount of masonry and the berms. Mr. Raimann commented that the building roll call vote the motion to adopt passed unanimously. is very neat and the outside storage is fence in now. Upon a AGREEAEmT FOR MEAD- ADD' N. 1/1 - The recording secretary read Resolution #P.C. 92 90 b Sanders moved for adoption and Mr. Schmidt seconded. Mr. Lee stated that the architectural control committee should transfer APPROVAL OF DECLARATION OF RESTRICTIONS & SUBDIVIDER'S - y Greg Roehm. Ald. to three other people in the subdivision when necessary. Mr. Hulbert felt the deed restrictions should: 1- say where control is; 2- there should be some type of transfer -- this should be started even if homeowners wish to terminate this later. 3- Landscaping should be provided. Mr. Lee stated that a tree must be planted within the first 5' of the front of the lot line, as per our current subdivision regulations. Mr. Hulbert asked where Exhibit "F" was? Mr. Lee responded that it is a map which will be provided later. Mr. Hulbert would like to see a 10' wide as halted bike path, so emergency vehicles can pass through. Po ! ice patrol the bike paths. Mr. Hulbert made a motion to amend Resolution #P.C. 92-90 to add Be It Further Resolved, That the approval is subject to: 1-The developer amending the Subdividers Agreement to provide for a 10' wide asphalt bike path; 2-The developer amending the Declaration of Restrictions to provide for the transfer of architectural control to a committee which will continue to function through the life of the subdivision. pg. 7, Plan Commission Minutes, 5/15/90 0 the life of the subdivision. 3-The developer amending the be planted within 15' of the front property line. Upon a voice Subdividers Agreement to allow for the required street trees to vote the motion to amend passed unanimously. Upon a roll call vote the motion to adopt amended Resolution I1P.C. 92-90 passed unanimously. MISCELLANEOUS BUSINESS: DISCUSSION REZONING WOODS ROAD SEWER PROJECT - Mr. Lee showed the commissioners a map ot areas requested tor rezoning for sewers. Mr. Lee suggested that we come back with two separate resolutions for two separate projects. There were concerned citizens, who own land in this sewer project area present for this discussion. Mr. Hulbert made a motion to recommend rezoning of these areas to the Public IJtilities Committee and Mr. Schmidt seconded. Upon a voice vote the motion to recommend rezoning to the Public Utilities Committee passed unanimously. The Public Utilities Committee will petition for the rezoning. Common Council Public Hearings will be set up. work with their aldermen and attend the Public Utilities Chairman Salentine recommended that the affected property owners Committee meeting this Thursday. on the last meeting. Sh COMP PLAN STUDY COMMITTEE - Dottie Rector gave a report comprehensive slide show of the City of Muskego was shown. They e said a very interesting and well-done intend to invite two aldermen from the business district to the next meeting. case is before the Public Service Commission. FLOW - Chairman Salentine told the commissioners that the ADJOURNMENT: Mr. Raimann moved to adjourn the meeting at 10:20 P.M. and Mrs. Rector seconded. Upon a voice vote the motion passed unanimously. Respectfully submitted, cz2-/w L-" L%& Cheryl Schmidt Recording Secretary