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PCM199107160 CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF THE MEETING HELD ON JULY 16, 1991. I Mayor Wayne Salentine called the meeting to order at 7:lO P.M. Honl, Jerald Hulbert, Ald. Dave Sanders, Jack Schmidt and Director PRESENT: Mayor Salentine, Edward Raimann, Dottie Rector, Darl Gene Kovacs. ABSENT: No one. MINUTES: Mr. Schmidt made a motion to approve the Minutes of the July 2, 1991 meeting. Mr. Honl seconded. Upon a voice vote, the motion to adopt the minutes passed unanimously. OLD BUSINESS: Resolution #66-91--Approval of expansion and amendment to conditional use qrant #15, Strasser. Discussion concerning expansion of hours. Chairman Salentine said this discussion will give the applicants a change to explain their request and would be treated as a public hearing (the neighboring residents were notified). Gene Kovacs noted Resol #66-91 has already been passed, but at the last meeting it was agreed upon by all Plan Commissioners to review the Strasser's request for an expansion of hours at this meeting. Mr. Marv Strasser explained the business has been there since 1945 and the surrounding residents knew it was there when they moved in. He feels there shouldn't be any set hours on the business. Mr. Jack Strasser also said nothing has changed--they just want to expand. He talked about the truck noise control, cleaning the lot line, constructing a nice fence and feels they have tried to address all concerns. Ms. Camille Trapp, who lives on Hwy. L next to the gravel pit spoke in behalf of the Strasser's request. A resident, who lives on Lot 8 in Kristin Downs asked the Strassers what hours are they proposing, as they had no objection to I AM to I PM earlier? Marvin Strasser responded he wasn't aware of the restrictions until brought up at original conditional use grant had no time restrictions. Two area a Board of Appeals meeting on June 21th. Gene Kovacs said the problem. They would like to see a restriction on the times the residents complained about the noise and fumes still being a trucks come and go. The discussion then centered around the old lots to the north and the "new" lots to the south and the difference in the type of trucking done in each area. Jack Strasser said the "new" area to the south would be used to store disabled vehicles. Gene Kovacs further clarified the use of the north end of the property (existing business area) and asked if responded that they could park up to 20-22 total vehicles. Mr. all 15 vehicles could be parked in this area? Marv Strasser Hulbert expressed concern about the other "new" area to the rear and the hours set for that portion of the business. Ald. Sanders asked if the truckers had guidelines to follow, so they would idle 0 0 Plan Commission Minutes July 16, 1991 Page 2 personally and will speak to them. Mr. Honl suggested a yearly the trucks. Marv responded that he knows all the truckers review in order to address the neighbor's complaints and monitor the area. He made a motion to amend Resolution #66-91 to require a yearly review to monitor the operation to address the neighbor's concerns. Chairman Salentine said it would be hard for the Strassers to invest in their property with this requirement. The whether there are complaints or not. Mr. Hulbert seconded Mr. Planning Dept. should review all Conditional Use Grants yearly Honl's motion. Upon a roll call vote the motion to require yearly review of the operation passed by a vote of 4 to 3 with Messrs. Raimann, Hulbert, Honl and Mrs. Rector voting for the amendment Mayor Salentine, Mr. Schmidt and Ald. Sanders voting against. Further discussion involved clarification of item #l. in the resolution. The Strassers agreed to limit drive-in traffic to the rear lots, (the "new" three (3) lots holding area) for disabled vehicles and vehicles being serviced, and to establish hours from I AM to I PM. The area to the north will not have restrictions on their hours and will be used to park the 15 tractor/trailer trucks. Item 85 will be eliminated. Voting on the amended Upon a roll call vote the motion to "table" passed unanimously. resolution was delayed to vote to "table" Resol. #P.C. 66-91. Mr. Honl made a motion to create Resolution #P.C. 66-91-A with the previously discussed amendments: In the third "Whereas" eliminate the words "and also on three adjoining lots"; add yearly review of the operation; item #l to read "Limit drive-in traffic to the rear lots in the "new" three serviced); the vehicles to be stored outside to be parked within (3) lots holding area (for disabled vehicles and vehicles being the fenced storage area and to establish hours from I AM to I PM." The area to the north will not have restrictions on their hours. Item #5 will be eliminated. Mr. Schmidt seconded. Upon a roll call vote the motion to adopt newly created Resolution 66-91-A passed unanimously. e distribute yard waste over property located at SllO W14800 Union Church Dr. for BFI. Chairman Salentine announced that the applicant had requested that this item be removed from the agenda RESOLUTION #P.C. 119-91--Approval of conditional use qrant to and be placed on the August 6th agenda. RESOLUTION #P.C. 121-91--Approval of buildinq, site and Chairman Salentine said this resolution is on the floor. The operation plan at S83 W20411 Janesville Road-Walter Bohrer. resolution was deferred for review of the property through an "on site" inspection of the diner at its present location in Waukesha. Gene Kovacs, Darl Honl and Chairman Salentine inspected the diner. Gene had taken pictures which were passed out to the commissioners. He reported that: 1. The exterior needs to be patched and cleaned; 2. The interior needs renovation. He recommends the applicant be required to comply with certain conditions. Mr. Honl reported his support depends on how good the applicant intends to restore the diner (ceiling and booths need to be repaird). Chairman Salentine reported he was 0 Plan Commission Minutes July 16, 1991 Page 3 impressed with the EO seat capacity and the applicant intends to construct a new entry with nice landscaping before occupancy. Mr. Bohrer said he will place the diner on the property right away and serve fast food items for breakfast and lunch. Ms. Camille Trapp, who owns 35 acres at ,585 W21531 Janesville commented on the placement of the diner and the detriment to the area. Mr. Hulbert asked what time period Mr. Bohrer had to move this dinner onto his weeks and in 9 months be done with the construction, landscaping, site? Mr. Bohrer said he'd like to move it in the next six (6) etc. Mr. Hulbert was concerned about the possibility of money become tight and not finishing the project, as in its present state of repair it should not be left there. Perhaps a bond could be required for financial guarantee to be used in case the diner needs to be removed. A comment was made that the diner should not be connected to anything else and remain separate from other structures on the site. Mr. Raimann asked if it wasn't used as a diner in the future what could it be used for? Gene Kovacs said that since the zoning is Agricultural with Highway Service Overlay, another use could be obtained for the diner. Mr. Bohrer said the addition to the diner would include men and ladies County "L" has not been given yet. The commissioners felt the restrooms, storage room and walk-in cooler. The entrance off entrance should be off the front and divorce the business away from the other businesses on the site. Gene felt there would be enough truck parking available. Ald. Sanders made a motion to amend Resol. #P.C. 121-91 to add another Be It Further Resolved, That the cost of a penalty provision be determined for a bond, letter of credit or financial guarantee. Mr. Honl seconded. Upon a roll call vote the motion to amend the resolution passed unanimously. Mr. Honl made a motion to further amend the resolution to read: 1-If the County approval is obtained, the site plan would include an entrance off County Trunk "L" or an asphalted service road to the front of the water plant be provided; 2- That the permanent foundation be in place before the diner is brought to the site; 3- that landscaping be provided; 4-that signage, lighting be in place prior to occupancy with approval first given by the Plan Commission; 5- if the restaurant is not in operating condition within one (1) year starting from the time the building permit is issued, it would be removed. Ald. Sanders seconded. Upon a roll call vote the motion to adopt the twice amended resolution passed unanimously. NEW BUSINESS: Resolution #P.C. 124-91--Approval of conditional use grant for the operation of a day care facility for Judith R. Masch of Judi's Day Care, 575 W17301 Janesville Road. The Recording Sec'y. read Resol. #P.C. 124-91. Mr. Honl moved for adoption and Mrs. Rector seconded. Mr. Hulbert asked if the mechanics were okay and the status of the air conditioning unit on the roof? Bob McAdams responded that there will not be a refrigeration unit on the roof as was needed for the Pick 'n Save store -- there will be less units when the day care is in operation. Judi Masch spoke about Plan Commission Minutes July 16, 1991 Page 4 question also arose about the traffic generated on Lannon at the need for traffic control because of people speeding. A along Lannon Rd. causing traffic problems recently. Gene Kovacs 6 AM since the Commission was concerned about the developments presented Ald. Taube's concern for the additional traffic that will impact Lannon Drive and the need for a fourth lane to handle present and future traffic. He requested the committee to discuss this issue. Chairman Salentine said the engineer recommended that Lannon would be upgraded to a three lane road. The traffic from the day care would be less than Pick 'Save's former store generated. As far as the water/sewer, they will be serviced by city sewer and the individual well inside the building will be building said they will apply for a sign later. Judi doesn't plan tested. Bruce of EMC Homes, who will be doing work on the on a dumpster for the garbage generated and will take it out with her at night. Mr. McAdams commented that the compacter is going back inside the building. There was more discussion about the exterior of the building and planters to present a better visual effect. Mr. Hulbert made a motion to amend Resol. #P.C. 124-91 by adding: 5- institute traffic control measures if and when needed; 6- that no cars, boats or other vehicles be offered for sale; 7- grass cut between Janesville and parking lot; 8- old decorative flower boxes be placed next to front of building. Mr. signage removed, light poles painted or removed; 9- exterior Honl seconded. Upon a roll call vote the motion to amend the resolution passed unanimously. Upon a roll call vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 125-91--Approval of extraterritorial certified survey map in the SW 1/4 of Section 8, Town of Norway for Gilbert & Norma Fries. The Recording Sec'y. read Resol. #P.C. 125-91. Mr. Schmidt made a motion to adopt and Mr. Hulbert seconded. After some discussion a roll call vote was taken and the resolution passed unanimously. Resolution #P.C. 126-91--Approval of extraterritorial certified Ann Hansen. The Recording Sec'y. read Resol. #P.C. 126-91. Ald. survey map in the NW 1/4 of Section 5, Town of Norway for Wayne ti discussion a roll call vote was taken and the resolution passed Sanders moved for adoption and Mr. Raimann seconded. After some unanimously. Resolution #P.C. 127-91--Approval of 2nd garage structure for P. Eidler at S74 W13800 Courtland Lane. The Recording Sec'y. read Resol. #P.C. 127-91. Mr. Raimann moved for adoption and Mr. Schmidt seconded. Mr. Eidler was asked what type of "cat" he was storing in the structure? He said it was a 1958 John Deere caterpillar which he will use for agricultural landscaping. The Recording Sec'y. noted all residents located within 100' of the property had been notified and non had responded. Upon a roll call vote the motion to adopt passed unanimously. Plan Commission Minutes July 16, 1991 Page 5 Resolution #P.C. 128-91--Approval of final plat for Lake Point The Recording Sec'y. read Resol. 128-91. Mrs. Rector moved for Estates West in the SW 1/4 of Section 10 by Kaerek Bldrs. Inc. adoption and Mr. Honl seconded. Stan Potrykus was present. He said this plat is the same layout as the preliminary plat for Lake Point Estates Addn. #1 which was approved. Harbor Lane has been eliminated and renamed "Marina Dr.". Lot 12 is under the average said Waukesha County Park E, Planning had no objection. The City lot size but the Commission can grant a variance. Gene Kovacs Engineers had technical items. There was some discussion about a storm drainage study, lots on the WEPCO Right of Way and approval from the Public Works Committee. Upon a roll call vote the motion to adopt passed unanimously. Resolution #P.C. 129-91--Approval of site plan for Muskego High School Athletic Field Development. The Recording Sec'y. read Resol. 129-91. Ald. Sanders moved for adoption and Mr. Hulbert what will happen to the softball diamond? He responded there seconded. Mr. Hulbert asked the representative from Bray Assoc. won't be one for this season--they are planned for the second phase. There was discussion about the school budget and funds provided for this project. Upon a roll call vote the motion to adopt passed unanimously. Resolution #P.C. 130-91--Approval of sketch for land division in the SE 1/4 of Section 17 by Harold DeBack. The Recording Sec'y. read Resol. 130-91. Mr. Schmidt moved for adoption and Mr. with 15,000 sq. ft. lots which the proposed plat allows, but won't Raimann seconded. Gene Kovacs said the existing zoning is RS-3 allow for duplex use. The OD overlay requires double the lot size and the plan wouldn't meet those requirements. Another option is RS-3/0PD and the lot size is determined by the Plan Commission and the Common Council. The property could be rezoned RSA, which Mr. DeBack favored RSA with 10,000 per unit. Gene said he hadn't allows duplexes up to 8 families side by side with units attached. seen the construction drawings. Mr. DeBack said he is planning owner-occupied units. He has a problem with the terrain in the area. Woodcrest development to the east (Todd Bushberger) has duplexes with single families. There was some concern that the be notified about the possible rezoning. They would like his land owner to the west (Lauren Rausch), who has RS-3 zoning should DeBack would have to amend the floodplain map to build in a input. Gene Kovacs also talked about the 100 year flood -- Mr. certain area of his land. Chairman Salentine said the sewer capacity for these lots would be serviced through a main. Ald. Sanders questioned why there were only two exits onto Woods Road for the whole 5 acres. Mr. DeBack said he would have each lot share a drive with a good size culvert. Mr. Raimann discussed having RS-3 to the east and RS-3 to the west and RSA in the middle. Mr. Bushberger was denied multi-family. He will be notifed if a rezoning public hearing is held. There was more multi and hold the density; PUD controls the development and with discussion concerning the type of zoning. RS-3/0PD would allow RSA zoning could allow Lot 4 to be divided with easements across Plan Commission Minutes July 16, 1991 Page 6 the other lots. Mr. DeBack said the SE corner is only buildable. The commissioners felt Mr. Rausch and Bushberger should be notified for their input. Mr. Hulbert made a motion to amend the resolution to add in the Be It Further Resolved, that the Plan Upon a voice vote the motion to amend passed unanimously. Upon a Commission be receptive to a RS-3/0PD zoning. Mr. Honl seconded. roll call vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 131-91--Approval to rezone property in the SW 1/4 of Section 9 from RS-2 to RSA for Wm. E. Paschke, Jr. The Recording Sec'y. read the resolution. Mr. Honl made a motion to adopt and Ald. Sanders seconded. Pat & Jess Johnson, residents who live on Kelly have a problem with this area being developed. They want to know what the buildings will look like. Resol. 114-91 required the rezoning to RSA be subject to deed restrictions with site approval. Chairman Salentine said the road right of way for sewer/utilities improvement would be dedicated by the city. There was a lengthy discussion about building quality single and multi-family structures.(need for double garages). Some felt the area was poorly planned. Mr. Paschke was involved attend. Gene said the Comprehensive Study Committee likes as the representative for the Kelly family. He was unable to duplexes mixed with single family. Mr. Honl made a motion to amend the resolution to change the 4th Whereas to read "The duplex use of a portion of this property (Lots 2-7) would provide a good transition between the Willow Pond Apts. multi-family use and single-family homes on the east", and Whereas, Lots 1, 8, 9 and area"; and change Therefore Be It Resolved, "That the Plan 10 would be more compatible for single-family development in the Commission recommend approval for the rezoning of Lots 2-7 of this Mr. Hulbert seconded. Upon a voice vote the motion to amend property located in the SW 1/4 of Section 9 from RS-2 to RSA." passed unanimously. Upon a roll call vote the motion to adopt the amended resolution passed unanimously. There was some discussion about the condition of Willow Pond Apts. and having the Building Inspection check and Gene would report back. MISCELLANEOUS BUSINESS: the letter of credit has landscaping money; the entrance was temporary access for fire protection. Willow Pond - There was concern about the need to cut grass -- the city to be distributed to all Plan Commission members. A request was made for a set of all new subdivision maps in site project will need too much fill; Chief Johnson has been contacted. Mr. Hulbert talked about the ROW bike path and playground. Gene also talked about the DNR's opinion that the historical week intervals for all organizations was also discussed. The Blanket approval for temporary banners over Hwy. L for two July 16, 1991 Plan Commission Minutes Page I commissioners liked the idea of public service groups getting permission from the Plan Dept. of Mayor's Office without Plan Commission approval, but that fireworks signs, etc. would be different and need approval. 0 Chairman Salentine talked about the base flow and Scott Krause's development of 600 homes. Mr. Honl made a motion to adjourn the meeting at 11:OO P.M. and Mr. Raimann seconded. Upon a voice vote the motion carried. Respectfully submitted, Cheryl Sc6midt Recording Sec'y. cds CITY OF MUSKEG0 W182 58200 Racine Avenue, Muskego, WI 53150 - Phone 679-4100 MEMORANDUM \ TO : Residents FROM : Gene Kovacs, Planning & Development DATE : July 9, 1991 RE : Conditional Use Grant-Marvin & Jack Strasser This is to advise you that the Plan Commission on July 16, 1991 at 7:OO P.M. in the Council Chambers will consider a request by Marvin & Jack Strasser to amend condition #5 of their previously approved conditional use grant. Condition 85 concerns the entering and exiting of vehicles in the exit during normal business hours which are 7:OO AM to 7:OO PM, outdoor storage area. It was approved that they should enter and Monday through Friday and 7:OO AM to 6:OO PM on Saturday and closed on Sunday. Marvin & Jack Strasser are requesting the Plan Commission to expand the hours during which these vehicles could enter and exit the site. You are invited to the Plan Commission meeting to discuss this proposed revision. cds