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PCM199112178 CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF December 17, 1991 Meeting Mayor Salentine called the meeting to order at 7:21 p.m. PRESENT: Chairman Wayne Salentine, Edward Raimann, Darl Honl, Chuck Dykstra, Director of Building Inspection and Larry Kirch, Jerald Hulbert, Ald. Dave Sanders, Jack Schmidt, Tracie Smith, Director of Planning. ABSENT: No one. MINUTES: Mr. Hulbert made a motion to approve the Minutes of the December 3, 1991 meeting and Mr. Raimann seconded. Upon a voice vote the motion to adopt the minutes passed unanimously. OLD BUSINESS: Resolution #P.C. 229-91--Disapproval of sketch for Lowell Peterson in the NW 1/4 of Section 11. Chairman Salentine asked if anyone was present for this resolution. No one was. Mr. Dykstra said no one had contacted him with new information. Mr. Hulbert made a motion to table this resolution and Mrs. Smith seconded. Upon a roll call vote the motion to table passed unanimously. Resolution #P.C. 221-91--Approval of sketch for Plum Creek Subdivision in the SE 1/4 of Section 17 for Terra Development. Chairman Salentine said the representatives for Plum Creek were back, but he first wanted to address the letter received by the Plan Commissioners from the Comprehensive Plan Study Committee. The letter dated December 12, 1991, requested the Plan Commission delay any action regarding the project until the draft Council. After the Mayor received his copy, he contacted the City comprehensive plan has been reviewed by the Plan Commission and Attorney who discussed this matter with Larry Kirch, the city's new Planning Director. The City Attorney felt the letter requested a moratorium until the Comp Plan is presented to the Plan Commission and adopted by the Common Council. The City Attorney indicated that several tests need to be met on whether the developer has vested rights. These include whether the developer has made expenditures or relied on government actions. Chairman Salentine said money has been expended, a planner was hired and that this has been before the Plan Commission several times before. Since no timetable has been set for the Comp Plan presentations (maybe February), a moratorium may be necessary later, but the developer should be able to proceed. Since the proposed development is still in the sketch stage, he can't see how the City Attorney can say he has a vested interest. Just table it for one month as there is no timeframe for a "sketch". After working on the Comp Study Plan Committee for two 0- Plan Comm. Min. 12/17/91 Pg. 2 years, at least give them the courtesy of a delay. This is not a moratorium. Mr. Radish asked to be heard as a representative for the Spitzners. They have a buyer now and have sewer and water assessments to pay on their tax bill. This is putting pressure on them if there is a delay. Mr. DeBack said he disagrees that the developer does not have an interest in the property, as he has given checks to owners and paid for a planner's report. He has vested interest and time is of the essence, as they have an April 22nd closing date. C.A.T.S. (in the Industrial Park) does not want single family near his business and you need RS-3/PUD zoning to allow screening. Mr. Bob Patch, the developer, said he has a vested interest, has spent money on the site planning, figuring out the depths of the sewers. Where do you start and stop? To table the resolution for one month in theory is logical, but the city will require more time. The comp plan will be deliberated for several Plan Commission meetings and then go to the Common Council involving more meetings. It may not be until spring or summer. Mr. Hulbert asked Mr. Potrykus if the Comp Plan will significantly affect one or more of these properties? He was surprised Dr. Mangiamele's report didn't question it. He said the Plan Commission and the Common Council have a habit with P.U.D.s rather OPD is great because the city gets something (amenities). He questions why you increase the density over what is allowed under a P.U.D. and recommends they take a serious look at the proposed two tier process. Mr. Hulbert responded he is willing to give the Comp Plan Committee 30 days, but Mr. Patch has a good point, that if the 30 days won't really make a difference, don't delay it any longer. The committee's comments came too late. Mr. DeBack felt the RS-3/0PD is a good plan for the city. Chairman Salentine felt the Plan Commission should proceed on with the sketch since they do have the authority to enact a moratorium. We have directed the petitioners to hire a planner and should proceed. This resolution was deferred from the December 3, 1991 meeting. Mr. Bill Carity (Terra Development) presented two colored plans--one old and the other new. He felt the lots near the Industrial Park were a good size. He tried to address the comments from the December 3rd meeting. He still feels 8-families are good. He passed pictures of the area for the proposed development and the area near the Industrial Park. He feels it the Industrial Park. He noted there is a treeline that borders the creek. The new plan for Plum Creek removed all of the open .- than stick with the zoning, they down grade it and package it. 0 would be difficult to develop the lots which view the trucks in space in the single family section and backed the lots up to the A pond exists north of the creek. They made larger lots ranging creek. They still retained a nice park area for a focal point. from 13,000 sq. ft. to 17,000 sq. ft. Straight zoning required created facing Woods Road to take advantage of the sewer. The 15,000 sq. ft. All the lots are buildable. Some lots were creek is the natural place to change zoning from multi to duplex to single. They would limit the deed restrictions for single family lots and possibly have a Habitat for Humanity home. If the scheme didn't work, they would like to have a "sunset clause" to enable them to come back to the Plan Commission. Mr. Carity said they are requesting RS-3/0PD zoning for 273 lots/units compared to 311. Mr. Schmidt requested a breakdown of the lots/units. Mr. Carity said there would be -- 130 single, 14 duplex, 5 single, 3 duplex zero lot line, 13, 8 family lots. No lots are landlocked. He feels this is a good plan with larger lots. Chairman Salentine said it is a positive approach for a neighborhood park. Mr. Carity said it is all high ground in this park area. Mr. Hulbert spoke as a member of the Park Board. He provide some amenities. Mr. Carity said they would be low-profile said the goal of the Park Board is to preserve the land and Chairman Salentine said the city does; would require an easement amenities. Mr. Honl asked who has jurisdiction near the creek? on these lots but they would still be large. He is for affordable housing with control with the assurance it is affordable. Mr. Raimann and Hulbert felt it is very difficult to limit the income of the purchaser. Several members were polled to determine their business could abut the Linear1 Park. Mr. Raimann would like to opinions on the proposed project. Perhaps a home occupied see attached garages on all buildings. Mr. Hulbert wants 15,000 were in agreement with this requirement and two felt the new plan sq. ft. lots with a minimum of 100' frontage. Five commissioners was good the way it was presented. There should be some research to see what the Industrial Park setback will be. Mrs. Smith commented that some businesses in the Industrial Park do care about their appearance and being a good neighbor. She complimented the developers on a good plan. Several commissioners like the zero lot line idea. Several commissioners liked the idea more duplexes and definitely all attached garages. One of affordable lots. Some would like to see less 8-families and commissioner wanted less duplexes and more single family. Mr. Schmidt felt the developer was trying to address all of the commissioners concerns, so the city should watch who the Industrial Park tenants will be in the future. Mr. Carity requested to see the site plan for C.A.T.S. The developers will have to petition for a rezoning. Ald. Sanders made a motion to defer the resolution and Mr. Raimann unanimously. seconded. Upon a voice vote the motion to defer passed Pg. 4 Plan Comm. Min. 12/17/91 0 Resolution #P.C. 230-91--Approval to construct a pond for Barrett Properties, Inc. at W208 S8903 Hillendale. Chairman Attorney Solbrig had called about a possible solution. The Salentine said this resolution had been deferred for 30 days, but Recording Secretary noted Atty. Solbrig, Atty. Gerdes, Mr. Barrett, Mr. Dyer and Mr. Resch were all present. Attorney to see the $25,000 bond funds returned to the First Wisconsin Solbrig spoke on behalf of her client Mr. Barrett. She would like Bank. The road should be inspected and the money returned. Chairman Salentine said the Finance Committee will handle the back to the Plan Commission with an amended plan for construction return of the money. He had hoped the two parties would be coming of a pond and a timeframe. Atty. Solbrig talked about the berms, loads of sand and the pond being in a different location than originally planned. You have to separate the intent of the road within 30 days, and then be inspected. Mr. Barrett wished to bond from other issues. The rip wrap and sand can be in place clarify a few points of this complex issue. He had an agreement to extract clay, but since Mr. Dyer was in the hospital, he obtained his clay from another site. Therefore, the original bond and site plan were cancelled. In September 1990, another agreement was signed by both parties and the original site was no there are other issues to resolve. Chairman Salentine suggested longer in existence. He has tried to work with Mr. Dyer, but an inspection meeting and field trip to the site. All parties present agreed to meet on Friday, December 27, 1991 at 1O:OO a.m. motion to defer the resolution and Mrs. Smith seconded. Upon a at City Hall and then go out to the site. Mr. Hulbert made a voice vote the motion to defer passed unanimously. 0 Resolution #P.C. 240-91" Approval of an expansion to a Conditional Use Grant which presentlv allows for the repair and painting of automobiles to ailow the-facility to be use; for a boat servicing center with boat parking both at the front and rear of the building, S66 W14543 Janesville Road for Prestige Auto Restoration. Ald. Sanders made a motion to adopt and Mr. Schmidt seconded. Mr. Larry Kirch, Director of Planning said the resolution was written by taking some of the original conditions and adding the new. Mr. Michael Fischer of Prestige Auto Restoration feels he is entitled to sell one car registered in his name; he isn't selling cars. The commissioners told Mr. Fischer he can't have boats in front of the building. Mr. Kreil, co-owner said some boats can't be towed through the building. A cabin cruiser has to be repaired in the front of the shop. A when boats are towed to the shop. Mr. Fischer responded he tries commissioner was concerned about traffic being blocked at times public is not invited to the shop. Mr. Dykstra said they are to move them later in the day when there is less traffic. The currently not in compliance. Ald. Sanders made a motion to amend the resolution and Mr. Hulbert seconded. The resolution was proposed to be amended as follows: 1-remains the same. 0 Pg. 5 Plan Comm. Min. 12/17/91 a 2-All parking of vehicles/boats/boat trailers awaiting..insert the words "service" and those..Eliminate the words "Fire Department" in that paragraph and after the words reviewed by the Planning Department to the satisfaction of the Plan Commission add "within 30 days". 3-eliminate Corporation". 4-eliminate the words "Michael Fischer" and add "The Casanova 5-remains the same. 6-eliminate the words "one (1) year" and add "six (6) months" of the issuance of the ..... add "providing that the doors are closed". 7-change the hours of operation to read "9 a.m. until 5 p.m." and 8-add gravel area behind building be 100% paved within six (6) months. Ms. Carol Stillwell, a neighbor raised several concerns including the parking of cars in front. Mr. Dale Kreil said he hoped to have a site plan for his proposed business in the Parkland Mall ready for the next meeting in Marine. Upon a roll call vote the motion to amend the resolution January. This will be part of the New Casanova's Country Lakes passed unanimously. Upon a roll call vote the motion to adopt the amended resolution passed by a vote of 4 to 3 with Chairman Salentine, Mr. Hulbert, Ald. Sanders and Mrs. Smith voting for adoption of the amended resolution and Messrs. Raimann, Honl and Schmidt voting against. 0 Resolution #P.C. 245-91--Approval of sketch for temporary Meadows), Mr. Ed Lambert. Mr. Honl moved for adoption and Mr. subdivision signs for Suburban Heights Subdivision (Lakewood Dykstra read the section of the code governing the temporary Raimann seconded. There will be 2, 8'x6' and 1, 4'x8' sign. Mr. signs. Mr. Honl made a motion to amend the resolution to read "Whereas, it is proposed to place 2, 8' x 6' signs and 1, 4' x 8' sign. The motion died for lack of a second. Mr. Hulbert made a motion to amend the resolution with 1, 4' x 8' directional sign months. Ald. Sanders seconded. Upon a voice vote the motion to and 1, 8' x 6' sign on the premises for a period not to exceed 9 amend the resolution passed unanimously. Upon a roll call vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 246-91--Approval of sketch for land division for two (2) lots at W152 S9832 Thode Drive, Smukowski Farm. Mr. Hulbert made a motion for adoption and Ald. Sanders seconded. Mr. Dykstra said Mr. Smukowski's family has a large parcel of land (50 acres) and the lots meet the requirements for land division. Upon a roll call vote the motion to adopt passed unanimously. 0 Resolution #P.C. 249-91--Approval to dredge a 0.6 acre pond on a farm located at W152 S9832 Thode Drive, Joe Smukowski Farm. Mr. Raimann moved for adoption and Mr. Hulbert seconded. Mr. Pg. 6 Plan Comm. Min. 12/17/91 Smukowski said the clay extraction will be spread on the farm. A roll call vote the motion to adopt passed unanimously. soil disturbing permit is required in the City of Muskego. Upon a Resolution #P.C. 247-91--Approval of sketch for Denoon Point Estates to revise an approved Preliminary Plat (P.C. #Resolution 96-91) to allow for OPD, R.J. Kaerek & Associates. Ald. Sanders moved for adoption and Mr. Honl seconded. Mr. Stan Potrykus said with a plan for a sediment pond. There would be 105 lots in the they were approached by the Lake Denoon Association to come up plan if they go from RS-2 to RS-2/0PD. Mr. Hulbert spoke as a member of the Park and Recreation Board. He said when Stan will be the responsibility of the Department of Public Works and attended their meeting, they discussed the liability. The pond they saw no objection to that. The Park Board would like to see a recreational trail on the plan in the future. Mr. Ray was present to speak on behalf of the association. He said the Christiansen, President of the Lake Denoon Advancement Association lake association had received a Waukesha County Soil Erosion grant from SEWRPC to create a pond north of North Shore Drive to be constructed in January/February. SEWRPC made a thorough study of the drainage channel in Denoon Park. The DNR may or may not be in favor of this. Ald. Sanders and Mr. Honl said they were in favor of this. Mr. Morry Dawes, a resident said this is a possible solution to a big problem. The next step is rezoning to RS-2/OPDI which must be done through a Common Council Public Hearing. Upon a roll call vote the motion to adopt passed unanimously. Resolution #P.C. 248-91--Approval of sketch for land division at NE 1/4 of Section 15, Robert Klenz. Mr. Schmidt made a motion to adopt and Mr. Hulbert seconded. Mr. Klenz noted there is a 60' will submit a certified survey map at a later date. Upon a roll road reservation and the laterals are in to serve all parcels. He call vote the motion to adopt passed unanimously. Resolution #P.C. 229-91--Lowell Peterson, NW 1/4 of Section 11 Mr. Hulbert made a motion to reconsider Resolution #P.C. 229-91 Reconsidered. and Ald. Sanders seconded. Upon a voice vote the motion to reconsider passed unanimously. This resolution was back on the floor. Mrs. Peterson said they were late because they were talking to the adjoining property owner to try to purchase more land, but Mr. Hulbert made a motion to defer and Mr. Honl seconded. Upon a they need more time and asked for a deferral to another meeting. voice vote the motion to defer passed unanimously. Resolution #P.C. 241-91--Approval of certified survey map to redivide Parcel 1 and Parcel 3 of certified survey map 6287 and road, to create parcels 2 and 4 located in the SE 1/4 of Section Parcel 1 and Parcel 2 of certified survey map 6296 and vacated 9, by J.C. Development. Mr. Honl made a motion to adopt and Mr. purchase of the land and the Fire Department's construction. Ald Raimann seconded. There was some discussion concerning the Sanders made a motion to amend the resolution to read in the last 0 Pg. 7 Plan Comm. Min. 12/17/91 paragraph, "subject to the city engineer's requirements being met." Mr. Hulbert seconded. Upon a voice vote the motion to amend passed unanimously. Upon a voice vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 242-91--Approval of certified survey map to and 2 by J.C. Development. Mr. Honl made a motion to adopt and redivide Parcel 3 as created in #P.C. 240-91 to create Parcels 1 Mr. Raimann seconded. Ald. Sanders made a motion to amend the resolution to read in the last paragraph, "subject to the city engineer's requirements being met". Mr. Hulbert seconded. Upon a voice vote the motion to amend passed unanimously. Upon a voice vote the motion to adopt the amended resolution passed unanimously. Resolution #P.C. 243-91--Approval to redescribe the existing Fire Department Property and Parcel 1 to create a single parcel subject to the closing of said property, City of Muskego and J.C. Development. Mrs. Smith made a motion to adopt and Mr. Hulbert seconded. Ald. Sanders made a motion to amend the resolution to read in the last paragraph, "subject to the city engineer's requirements being met". Mr. Hulbert seconded. Upon a voice vote motion to adopt the amended resolution passed unanimously. the motion to amend passed unanimously. Upon a voice vote the I 0 Resolution #P.C. 244-91--Approval of proposed directional signs for First Wisconsin Bank located at S75 W17125 Janesville Road, Poblocki and Sons. Mr. Schmidt made a motion to adopt and Mr. Hulbert seconded. Mr. Dykstra explained the location of the signs and the sizes and said the signs are not a vision problem. Upon a roll call vote the motion to adopt passed by a vote of 6 to 1 with Chairman Salentine, Mr. Raimann, Mr. Honl, Mr. Schmidt, Ald. Sanders and Mrs. Smith voting for the resolution and Mr. Hulbert voting against. Miscellaneous Business: There was some discussion about Parkland Mall and the occupancy. Adjournment: Mr. Raimann made a motion to adjourn at 12:20 and Mr. Hulbert seconded. Upon a voice vote the motion to adjourn passed unanimously. Respectfully submitted, &/AS Cheryl Schmidt Recordinq Secretary