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PCM19930202CITY OF MUSKEG0 PLAN COMMISSION &m&s FEBRUARY 2, 1993 Mayor Salentine called the meeting to order at 7:OO P.M. PRESENT: Chairman Salentine, Traci Smith, Dave DeAngelis, Jerald Hulbert (arrived at 7:05), Ald Dave Taube, and Director Larry Kirch ABSENT: Darl Honl(excused) and Edward Raimann(excused) MINUTES: Commissioner Smith made a motion to approve the Minutes of the January 19, 1993 meeting. Ald. Taube seconded. Upon a voice vote, the motion passed unanimously. OLD BUSINESS: Resolution #P.C. 06-93 -- Recommendation of the Planning Commission on the Proposed Route of Moorland Road between Janesville Road and Durham Drive. (Recommend to Defer until the February 16, 1993 Meeting to allow the City Engineer to complete their evaluation). Director Kirch explained the meeting with Ruekert & Mielke and that Ruekert & Mielke are still working on the other proposed routes. Commissioner DeAngelis made a motion to defer, Ald. Taube seconded. Upon a voice vote, the motion to defer passed unanimously. NEW BUSINESS: Certified Survev MaD for Two Parcels for Emilie and Anna Gebov Resolution #P.C. 12-93 -- Approval of Extraterritorial in the NE 1/4 o'f Section 7, Town of Norway. Commissioner Smith made a motion to adopt, Commissioner DeAngelis seconded. Upon a roll call vote, Resolution #P.C. 12-93 passed unanimously. Replacement for the Praise Fellowship Church, W195 59912 Racine Resolution #P.C. 13-93 -- Approval of Freestanding Sign Avenue. Ald. Taube made a motion to adopt, Commissioner DeAngelis seconded. Commissioner DeAngelis asked the petitioner what size letters would be used on the reader board. The petitioner that they would be 6". Upon a roll call vote, Resolution #P.C. 13-93 passed unanimously with Commissioner Hulbert abstaining due to his arrival during the middle of the discussion. Foxboro North Subdivision in the SW 1/4 of Section 11. (Mystic Resolution #P.C. 14-93 -- Approval of Preliminary Plat for Drive). Commissioner DeAngelis made a motion to adopt, on the significance of the different degree of thickness of the Commissioner Hulbert seconded. Ald. Taube asked various questions lines of the drawing. Mr. Potrykus explained what the different lines meant. Commissioner DeAngelis asked who would own the Pg. 2 Plan Commission Minutes 02-02-93 detention pond and if it would have a maintenance agreement. Mr. Potrykus stated that the detention pond is not similar to the ponds in the Lake Meadows Subdivision. He explained that these are siltation ponds and the water will only be there for the amount of time it takes the water to flow out of a pipe that is approximately 24" in diameter. He also explained that the storm also on the Priority Lakes Watershed Committee and whether there sewer is under the bike path. Ald. Taube explained that he is are any calculations available at our disposal in regards to the rate the water passes through this area. Mr. Potrykus explained that this information is given to the City and the City in return sends it to the City Engineers. Director Kirch indicated the need for the easements, but also questioned who will be cleaning up detention pond would be part of the lot and therefore the this area in the future. Mr. Kent Kosobucki explained that the responsibility of the owner of that lot. This would be noted on the affected lots and in the Deed Restrictions for this subdivision. It will not be part of the Home Owners Association's responsibility. Director Kirch stated the need to be uniform on the treatment of these situations. Chairman Salentine and Mr. Kosobucki stated that they felt that this could not be a uniform situation, but treated as case by case. Upon a roll call vote, Resolution #P.C. 14-93 passed unanimously. for Stan Potrykus for Two Lots in the NE 1/4 of Section 15 (W156 57984 Audrey Court). Commissioner Smith made a motion to adopt, Ald. Taube seconded. Chairman Salentine asked if anyone had questions. Upon a roll call vote, Resolution #P.C. 15-93 passed unanimously. Resolution #P.C. 15-93 -- Approval of Certified Survey Map Candlewood Creek Subdivision in the NE 1/4 and NW 1/4 of Section Resolution #P.C. 16-93 -- Approval of Revised Sketch for 11 by Towne Realty. Ald. Taube questioned whether the Plan Commission was receptive to this layout depending on Moorland Road. Director Kirch explained that the Developers had submitted this sketch before the two new proposed routes for Moorland Road had been discussed and that the Developers still wanted this on the Plan Agenda. Ms. Beth Rummel, Towne Realty explained that they (developers) want to keep moving ahead on this project. They are willing to move the phase one to a slightly different area so that they can keep moving ahead while the extension of Moorland Road is being decided. They only have until November 1993 for the sewer hookup. Ms. Rummel stated that Moorland Road is causing with direction from the City. Ms. Rummel stated that they can't economic infringement for them, but they still want to move ahead which they should know in approximately 6 - 8 months. move phase 1 west of the creek, because they need DNR approval Commissioner Hulbert indicated that the Park Board may want to put a bike path along the side of the creek, but that no decision had been made at this time. Ald. Taube made a motion to adopt the resolution with the correction to the title: Approval of revised ....., Commissioner Hulbert seconded. Commissioner Hulbert Pg. 3 Plan Commission Minutes 02-02-93 made a motion to defer, Commissioner DeAngelis seconded. Upon a voice vote, the motion to defer passed unanimously. Division for Kwik TriD Incorporated for Two Lots in the SE 1/4 Resolution #P.C. 17-93 -- Approval of Sketch for Land of Section 8 and the NE 1/4 bf Section 17 (Racine Avenue and Commissioner DeAngelis seconded. Director Kirch explained the Janesville Road). Commissioner Smith made a motion to adopt, Trip explained that they have permit copies for the access onto proposed different accesses to the property. Mr. Hanson, Kwik Racine Avenue and that this facility fits into the plan for the future intersection of Janesville Road and Racine Avenue. Mr. Hanson stated that there is now approximately 180' to 200' of right-of-way and that the new intersection would not need anymore than that. Commissioner Hulbert asked what the time frame was for this project. Mr. Hanson explained that they are hoping for Memorial Day weekend. Director Kirch showed some slides of different Kwik Trips in the surrounding cities. Mr. Hanson mall and that the proposed building fits in with their plans. stated that they have met with the new developer for the strip Ald. Taube made a motion to amend the resolution by changing the second paragraph to read: "WHEREAS, This land has concept zoning, and"; and by deleting the remaining. Commissioner DeAngelis seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 17-93 passed unanimously. Resolution #P.C. 18-93 -- Recommendation of the Plan Commission to Amend Chapter 14, Section 1.5(2) of the Municipal Code of the City of Muskego, Floodplain Zoning Ordinance, to Amend the Official Floodplain Map for the Woodside Estates Subdivision to adopt, Commissioner Hulbert seconded. Director Kirch explained for Mr. Todd Bushburger. Commissioner DeAngelis made a motion that this is the same process that was followed for the Flood Plain Map for land down stream from Little Muskego Lake. He also explained that the attached map will become part of the ordinance. Commissioner Hulbert questioned why the City doesn't name the numerous unknown tributaries. Mr. DeBack, present in audience, stated that usually the developers name them when they develop the area. Upon a roll call vote, Resolution #P.C. 18-93 passed unanimously. Division for the Citv of Muskeao for a 3.2 Acre Lot in the SW 1/4 Resolution #P.C. 19-93 -- Approval of Sketch for Land of Section 16 in the-Muskego Iidustrial Park Addition #l. Commissioner Smith made a motion to adopt, Commissioner DeAngelis seconded. Ald. Taube asked Director Kirch to explain why the lot lines are going over the existing creek when on the site plan we don't show the lots that why. Director Kirch explained that this Commissioner DeAngelis asked about the 2' above the flood line. lot was drawn from the cadastral map and that they are accurate. Director Kirch stated that any building would need its finished floor to be 2' above the flood plain. Ald. Taube asked how the 100 year flood plain is staked accurately. Director Kirch I Pg. 4 Plan Commission Minutes 02-02-93 explained that the builder must apply for a building permit with the building department and in doing this they must submit a Plat of Survey which has to show the 100 year flood on it. Upon a roll call vote, Resolution #P.C. 19-93 passed unanimously. for the City of Muskeao for a 3.2 Acre Lot in the SW 1/4 of Resolution #P.C. 20-93 -- Approval of Certified Survey Map Section 16 in the Musgego Industrial Park Addition #1. Commissioner Hulbert made a motion to adopt, Commissioner DeAngelis seconded. Upon a roll call vote, Resolution #P.C. 20-93 passed unanimously. Commission to Amend Chapter 17, Section 17:6.09(13) of the Municipal Code of the City of Muskego, Zoning Ordinance, Signs. Commissioner DeAngelis made a motion to adopt, Commissioner Smith seconded. Director Kirch explained that in paragraph 13 (B) the explained that paragraph 13(A) is for permanent signs and that size restriction did not include the Welcome to Muskego signs. He paragraph 13(B) is for temporary signs. Director Kirch stated that the Lions Club would be sending a letter stating that they would like to have their reader board sign illuminated, but that they will not use the blinking lights along with their comment on the proposed ordinance. Ald. Taube questioned if it was a two faced sign if that would be counted as two signs or just as one sign. Director Kirch indicated that two faced signs and V shaped signs would only count as one sign. Commissioner Hulbert made a motion to amend the resolution to add the word "each" to paragraph 13(B), first sentence after .... event not to exceed 32 square feet read: .... that any such sign may have direct constant "each" in area .....; and also in paragraph 13(B), last line to illumination. Ald. Taube seconded. Upon a voice vote, the amendment passed unanimously. Commissioner DeAngelis made a motion to defer, Commissioner Hulbert seconded. Upon a voice vote the motion to defer Resolution #P.C. 21-93 passed unanimously. Resolution #P.C. 21-93 -- Recommendation of the Plan 0 Resolution #P.C. 22-93 -- Recommendation of the Plan Commission to Amend Chapter 17, by Creating Section 17:2.02 (0.5), Section 17:6.03 (1) D, Section 17:8.15 (7) C5, and Section 17:8.16 Ordinance, Adult-oriented Establishments. Ald. Taube made a (7) C5 of the Municipal Code of the City of Muskego, Zoning motion to adopt, Commissioner DeAngelis seconded. Director Kirch have adequate 1-1 and 1-2 zoning available for this ordinance. He stated that the City Attorney felt that the City of Muskego does explained that there are three areas in the City of Muskego that could have this type of establishment. One would be in the Muskego Industrial Park; the second would be in the Tess Corners Industrial Park; and the third would be along Hwy 45 by the Landfills. When designating these areas we did not include any residence or church that was in a neighboring city. Chairman Salentine mentioned that he has received various different Godsell, present in audience, if she had any information to complaints regarding this. Chairman Salentine asked Mrs. add. Mrs. Godsell questioned whether we should remove the day 0 0 Pg. 5 Plan Commission Minutes 02-02-93 care centers from our list to add a more defined area. Ald. Taube was concerned that there was not a definition for substantial in the proposed ordinance. Ald. Taube questioned whether the proposed verbiage was what we really wanted. Mrs. Godsell stated that the verbiage she had given to Ald. Taube had withstood the Courts in Detroit, S. Carolina, Dallas, and in Delaware to name a few. Ald. Taube made a motion to amend the resolution to receive further information from the City Attorneys on the following: 1-whether the City has enough available acreage; 2-further review by the City Attorney upon what happens when a daycare encroaches upon the area designated for the adult-orientated establishments; 3-legal opinion whether the 500' or 1000' applies to a residence or Church etc in a neighboring City; 4-review by the City Attorney whether the percentage of the use can be defined in the Ordinance i.e. "SUBSTANTIALLY" or a "substantial portion of the business" and what is the percentage that qualifies a Business to be substantially an Adult-Orientated Establishment. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Mrs. Godsell indicated that if you have verbiage be more of a deterrent. Mrs. Godsell also stated that the indicating that adult-orientated be less than substantial it will majority of these facilities want to be what she described as a "hard core" facility with videos, magazines, and booths. The booths are nontaxable so therefore the owners want to be able to install these. Upon a roll call vote, amended Resolution #P.C. 22-93 passed unanimously. 0 the Public Works Garage for the Proposed Woodchippinq Facility. Resolution #P.C. 23-93 -- Approval of Landscaping Plan for Ald. Taube made a motion to adopt, kommissioner DeAngelis Anderson from Cats that he wants the fence to be on the property seconded. Director Kirch stated that in a letter from Mr. property. Director Kirch stated that the reason for planting line and that trees be planted along the fence line on the City's these trees was to be a visual buffer of the actual fence and since this adjoining property owner would like the fence on the property line there wasn't a reason to plant the trees on either side of the fence. Mr. DeBack, present in audience, indicated that there was a need to plant trees along the fence line. DeBack stated that the property to the northwest of this lot is a higher grade and that its possible to see over the fence and see any of the various piles of wood chippings, or culverts etc. The trees audience, indicated that the chipping would be done only a few in time would act as a visual buffer. Ald. Patterson, present in times during the week. It will not be done every day. Ald. Patterson suggested that a 6' fence instead of a 7' fence. In doing this, we would not require the approval of any adjoining property owners. Ald. Patterson explained that the fence is a security measure not a visual buffer. Commissioner DeAngelis questioned whether the Plan Commission has required anyone else to plant rows of trees. Chairman Salentine stated that the commission hasn't. Chairman Salentine questioned if it was sensible to do all of this since we are able to take these . 0 Pg. 6 Plan Commission Minutes 02-02-93 materials to the Waste Management Site. Ald. Patterson stated that we will be able to take these items until the end of 1993 and then it is up for renewal and in conversation with EPI it was felt that EPI would charge the City for any of this material. Commissioner DeAngelis suggested planting the seedlings that you motion to amend the resolution to a 6' high fence being installed can get from the DNR for a minimal charge. Ald. Taube made a on the south and west property and 15' from the east property line. Along the inside of the fence line there will be seedling Hulbert seconded. Upon a voice vote, the motion to amend passed trees planted by the Public Works Department. Commissioner unanimously. Ald. Taube called for the question. Upon a roll call vote, amended Resolution #P.C. 23-93 passed unanimously. MISCELLANEOUS BUSINESS Director Kirch showed further slides of different area McDonalds and of a Pick-n-Save with Walgreens Centerin Germantown. There was further discussion regarding the exterior of the Kwik Trip facility. The commissioners would like more brick and less siding. Director Kirch also indicated the need to dress up the back of the Kwik Trip. a ADJOURNMENT Ald. Taube made a motion to adjourn the meeting at 10:15 P.M. and Commissioner DeAngelis seconded. Upon a voice vote, the motion to adjourn passed unanimously. Respectfully submitted, Collette M. Klenz Recording Secretary cmk J