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PCM199302160 CITY OF MUSKEG0 PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON FEBRUARY 16, 1993 Mayor Wayne Salentine called the meeting to order at 7:OO P.M. PRESENT: Chairman Wayne Salentine, Mrs. Smith, Ald. Taube, Dave DeAngelis(excused at 8:30 p.m.), Jerry Hulbert and Director Larry Kirch. ABSENT: Edward Raimann and Darl Honl (both excused) MINUTES: Commissioner Hulbert made a motion to approve the Minutes of the February 2, 1993 meeting. Commissioner DeAngelis seconded. Upon a voice vote the motion to adopt passed unanimously. OLD BUSINESS: Commission on the Proposed Route of Moorland Road between Resolution #P.C. 06-93 -- Recommendation of the Planning '0 Janesville Road and Dbrham Drive. Director Kirch explained the Ruekert L Mielke Letter on the proposed routes. He indicated that the City wants to try to disturb as little wetland as possible. Director Kirch also explained that the County has budgeted $50,000 for this year to study the extension of Moorland Road from the freeway to Janesville Road. Moorland Road contain 100' of right-of-way as a City street. Chairman Salentine asked the recording secretary to read the two letters that were submitted from residents. The first letter was from Patrick and Barbara Shurtliff. The second letter was from Michael and Anne Malinowski. Ald. Taube questioned whether there had been any proposed road would benefit any of the future residents in the traffic calculations available for the road usage and if this Champions Village. Director Kirch stated that there are some traffic calculations, however they are not up to date. Director Kirch also indicated that this would see use by some of the residents of the Champions Village, however he is unable to give questioned how far south this development would go. Director an amount that would benefit. Mr. Mike Bartz, a resident, Kirch indicated that this would be a 100' road and eventually go through to Hwy 00. Ald. Dumke, present in audience, wanted to know what route Moorland Road will follow from McShane Drive to Hwy 00. Chairman Salentine stated that the Finance Committee, which meets on February 17, 1993, is reviewing whether to allow more monies to be budgeted for the study of a route for Moorland Road south of Woods Road to Hwy 00. Mr. Randy Bressler, a resident, asked whether the residents have any say in this matter or if this road is going in no matter what. He also asked what the reason would be for this road, when the traffic coming from south of Woods Road is minimal. Director Kirch indicated that the improvements may not be needed for another 15-20 years. Ald. e Pg. 2 Plan Commission Minutes 02/16/93 Misko, present in the audience, expressed his concern over the safety of the children in the existing neighborhoods. He feels that we need to look at the safety of the people there now, not the future subdivisions. Mr. William Martin, a resident, indicated that he felt this road looks more like a freeway with exit ramps and on ramps. He also feels that this road will cause further congestion at the intersection of County L and Durham Road. Mr. Wally Spahn , a resident, questioned why Moorland Road could not be extended straight down to Woods Road and be parallel to Durham Drive. Mr. Mark Kaiser, a resident, stated that he felt that the City was rushing into this instead of taking questioned what advantages this road extension would give to the the time needed to examine all areas of this road extension. He residents of Muskego. He felt that he were overlooking the safety of the children. Mr. Martin indicated that he and four of his neighbors feel that the safety of the children is being over- looked. He also questioned how many of the new developments, after seeing the danger to their children, will have interested individuals. Karen Knudsen questioned how wide is Durham Drive. Director Kirch indicated that Moorland Road will be a four lane road. Ms. Beth Rummel, representative from Towne Realty, Rumrnel indicated that Route C-1 or C-3 would be the preferred Inc., agreed with the residents to the affected area. Ms. routes for her company. Her engineers also indicated that Route C-2 would involve disturbing floodlands. Ms. Rummel also they would like some direction as to which route the City will be indicated that her firm is willing to work with the City, but that choosing. Ms. Rummel also indicated some concerns her engineers had with the safety of the cul-de-sacs which are shown on Route would have a problem with Moorland Road being extended directly C-3. Mr. Spawn questioned whether the developer, Ms. Rummel, this would not be a problem. She also indicated that their south to intersect with Woods Road. Ms. Rummel indicated that subdivision will have other interior roads and a bike path. Ald. Dumke stated that Chief Johnson may have traffic counts from a concerned resident stated three different concerns: 1-1s it study done on the corner of Janesville Road and Durham Drive. A necessary to build a four lane road and how far south is it really necessary and will it be just like the Hohn Bridge in Milwaukee; 2-Who will be paying for this extension; 3-What is the time frame for this project? Ald. Taube answered the questions: 1-Yes it is curvy from McShane to HiView Drive and that I have asked the Finance Committee for additional funds; 2-It is partially a City pointed out that the proposed Candlewood Creek Subdivision will be funded project; 3-The time frame is unknown. Commissioner Hulbert DeAngelis stated that his preferred route would be Route C-3 exiting out onto Durham Drive and Woods Road. Commissioner DeAngelis, Hulbert and Smith are recommending Route C-3. except for the safety issue of the cul-de-sac. Commissioners Commissioner Smith made a motion to defer, Commissioner DeAngelis 0 0 seconded. Upon a voice vote, the motion to defer passed unanimously. Pg. 3 Plan Commission Minutes 02/16/93 ~ Resolution #P.C. 16-93 -- Approval of Revised Sketch Candlewood Creek Subdivision in the NE 1/4 and NW 1/4 of 11 by Towne Realty. Ald. Taube made a motion to defer, for Section Commissioner DeAngelis seconded. Upon a voice vote, the motion to defer passed unanimously. 1 NEW BUSINESS: Subdivision in the NE 1/4 of Section 18 (Hillendale Drivel. Resolution #P.C. 24-93 -- Approval of Preliminary Plat for Commissioner Smith made a motion to adopt, Commissioner Hulbert seconded. Director Kirch commented that Lots 2 & 7 will be done can be used. The Plan Commission allowed Plum Creek to do it this in a CSM since water and sewer are present and a temporary drive way and Plum Creek did not have any problems. Ald. Taube questioned where the larger sized lots would be? Mr. Lowe explained that they would be in the lots in the back. Director Kirch indicated that there is a change in elevation and that adequate soil erosion plans have not yet been submitted. Mr. Tim Knudsen, a resident, was concerned about the water drainage problem. Mr. Lowe explained that when sewers were put in the drainage ditches were filled in. Chairman Salentine felt that Mr. Lowe needs to let the City know exactly what happened and then it must be taken care of. Upon a roll call vote, Resolution #P.C. 24-93 passed unanimously. 0 Resolution #P.C. 25-93 -- Approval of Certified Survey Map for John and Sandra Mecca for Three Lots in the SW 1/4 of Section 17 (Woods Road). Commissioner Hulbert made a motion to adopt, Ald. Taube seconded. Upon a roll call vote, Resolution #P.C. 25-93 passed unanimously. Renewal of Permission for Parking of Semi-tractor with Trailer for John Krabbenhoft, S83 W20618 Janesville Road. Chairman approval/disapproval. Ald. Taube asked Director Kirch to explain Salentine asked for discussion first since it was an how many homes are within the 800' diameter. Director Kirch explained at least eight homes. Director Kirch explained that he regarding this ordinance. He explained that the way he interprets is currently waiting for the City Attorney to get back to him the Plan Commission can not approve it. But also that the Plan the ordinance, if there is more than 3 homes within that radius, Commission does not have to approve it if there are less than 3 homes. Mr. Krabbenhoft indicated that he has had truck parking whether the sewer would impact the ability to park this truck at approval since 1975. A resident from the audience questioned has nothing directly to do with the presence of the sewer, but this property. Director Kirch indicated that the truck parking indirectly, because it opens the area up for developments. He then read the ordinance. He also explained that the zoning for Commissioner Hulbert seconded. Upon a voice vote, the motion to this area has not changed. Ald. Taube made a motion to defer, defer Resolution #P.C. 26-93 passed unanimously. Resolution #P.C. 26-93 -- Approval/Disapproval of Review and 0 Pg. 4 Plan Commission Minutes 02/16/93 Resolution #P.C. 27-93 -- Approval of One Temporary Banner for Great Clips in the Walgreens Center. Commissioner Smith made a motion to adopt, Commissioner Hulbert seconded. Director Kirch indicated that Great Clips had a Grand Opening Banner on the top of the building and also 2 real estate signs. In the letter from Great Clips, they stated that they will not be asking for any other banners or signs for the rest of 1993. Upon a roll call vote, Resolution #P.C. 27-93 passed unanimously. for Marc Addis for Four Lots in the NW 1/4 of Section 34 fMuskeao Resolution #P.C. 29-93 -- Approval of Certified Survey Map Resolution #P.C. Structure in the NE W21052 Field Drive. 28-93 -- Approval of Second Garage 1/4 of Section 7 for Dennis Herdeman at S74 Commissioner Hulbert seconded. Mr. Herdeman explained that his Commissioner Smith made a motion to adopt, working as a hobby and would like to be able to do it in this existing house does not have a full basement and that he does wood garage. Commissioner Hulbert asked that a correction be made to auto, boat, and a hobbyist/noncommercial woodworking shop, read in the third WHEREAS, first sentence: ..... pick-up truck, could not be put behind the house. Mr. Herdeman explained that residential equipment ..... Ald. Taube asked why this structure his septic vent field is behind this house and that he was advised not to build on that area. The second reason being that the driveway doesn't go back to that area. Mr. Herdeman also assured the Plan Commission that this structure was going to be very compatible with his existing home. Mr. Belfast, a neighboring resident, explained that he had no problem with this structure being put there and that logically this would be the only place for this structure. Ald. Taube asked Director Kirch if he had seen this location. Director Kirch indicated that he is familiar with this site and he feels that this structure would be better behind the existing house. Upon a roll call vote, Resolution #P.C. 28-93 passed 3-1 with Ald. Taube voting nay. Dam Drive). Commissioner Smith made a motion to adopt, Commissioner Hulbert seconded. Director Kirch explained that the 13 City Engineers comments need to be addressed on this Certified Hulbert made a motion to defer, Ald. Taube seconded. Upon a voice Survey Map before he recommends any approvals. Commissioner vote, the motion to defer Resolution #P.C. 29-93 passed unanimously. - for Kwik Trip for Two Parcels in the SE 1/4 of Section 8 and the NE 1/4 of Section 17. Commissioner Hulbert made a motion to adopt, Commissioner Smith seconded. Chairman Salentine indicated Operation plan. Commissioner Hulbert made a motion to amend the the need to tie this resolution to the Building, Site and resolution to read in the fifth paragraph, first sentence .... recommend approval to the Common Council subject to the approval the City Engineers and payment ..... Ald. Taube seconded. Upon a of an acceptable Building, Site and Operation Plan, approval pf Resolution #P.C. 30-93 -- Approval of Certified Survey Map Pg. 5 Plan Comm ission Minutes 02/16/93 0 voice vote, the motion to amend DaSSed unanimous 11 - call vote,-amended Resolution #P:C. 30-93 passed unanimously. ily. Upon a ro and Buildinq, Site and Operation Plan for Kwik TriD Inc. to Resolution #P.C. 31-93 -- Approval of Conditional Use Grant made a motion to adopt, Commissioner Hulbert seconded. Mr. Paul Locate a gas^ Station and-Convenience Store. Commissioner Smith Hanson, a representative from Kwik Trip Inc., explained the Building, Site and Operation plans for this proposed facility. Ald. Taube indicated that the Aldermen have indicated the need to improve on the appearance of this facility. He also stated that he was disappointed with the proposed building. Mr. Hanson stated that his engineers had studied adding dormers to this facility and found that it would be a safety hazard with ice freezing. Mr. Hanson asked to be given guidance as to what the Alderman are this facility entirely brick and that the trees they will be looking for. Mr. Hanson stated that he is receptive to making dumpster will be screened. Mr. Hanson stated that for the safety planting are 6' - I' in height. He also indicated that the of their employees they will not add more landscaping or higher bushes. They have found that criminals do not like low hedges or bushes. Mr. Hanson explained that there low key sign would also have a reader board on it. Ald. Taube and Commissioner Hulbert are opposed to having a reader board. Director Kirch indicated normal 20' high sign and there is limited signage on the that Kwik Trip Inc. is having a low key sign instead of the building. The City could make a trade off. Director Kirch did not feel that it is appropriate to approve the reader board signs Kwik Trip Inc. Chairman Salentine indicated that the Plan for two different churches in the past year and to turn down Commission should get Common Council direction on the building appearance and the sign. Ald. Sanders, present in the audience, requested that the size of the trees be added to the legend on the will be no spot lighting at this facility. It will have only Building, Site and Operation plans. Mr. Hanson stated that there indirect lighting. The entrances will have pole lights at them for safety reasons. Commissioner Hulbert questioned whether Kwik Trip Inc. will need directional signs. Mr. Hanson did not feel that directional signs were needed. Mr. Hanson explained that the lights in the lot will be a 15' bronze pole, square with pointed down. The eaves on three sides are lit on the floods pointing straight down. The canopy lighting is also underneath. Commissioner Smith made a motion to defer, Ald. Taube seconded. Upon a voice vote, the motion to defer Resolution #P.C. 31-93 passed unanimously. 0 Structure in the NW 1/4 of Section 12 for A1 Roaowski (Sherwood Resolution #P.C. 32-93 -- Approval of Second Garage 0 Circle). Commissioner Smith made a motion to aiopt, Commissioner contingent on being able to build this building on it. After a Hulbert seconded. Mr. Rogowski indicated that the purchase is discussion regarding the appearance of the building, Resolution #P.C. 32-93 passed unanimously with a roll call vote. Pg. 6 Plan Commission Minutes 02/16/93 Resolution #P.C. 33-93 -- Approval of Sketch for Land Division for Harold DeBack for Two Lots in the NE 1/4 of Section Hulbert seconded. Mr. DeBack explained that there possibly could 32. Commissioner Smith made a motion to adopt, Commissioner be a drainage easement and that the possibility of extra land being dedicated for the curve. His engineers were looking into this matter. Upon a roll call vote, Resolution #P.C. 33-93 passed unanimously. Resolution #P.C. 34-93 -- Approval of One Temporary Subdivision Sign for Lakeview Highlands Subdivision. Commiss Hulbert made a motion to adopt, Commissioner Smith seconded. a roll call vote, Resolution #P.C. 34-93 passed unanimously. ioner Upon Structure for Ray and Diane Nowak at W208 S8121 Hillendale Drive. Attorney Abraham, representing Ray and Diane Nowak, indicated that his clients own 7 acres. From the original plans they would like to move the proposed second garage 100' toward the back of why his clients keep getting tickets for the truck parking when the lot to avoid the three houses. Attorney Abraham questioned receiving them. Chairman Salentine indicated that the City of none of the other trucks that are parked in this area are Muskego does not police the City, but it works from any complaints it receives. Chairman Salentine asked if Attorney Abraham was filing a complaint. He indicated that he wasn't. Attorney Abraham stated that yes the Nowak's are aware of the Lowe park the vehicles they want to at this structure. Director Kirch development and that some day they may not be able to continue to indicated that he has sent a letter to the City Attorneys to help to interpret the truck parking ordinance. He has not yet received not opposed to the truck parking. Mr. Lowe questioned why some that information back. Mr. Lowe, a neighbor, stated that he is can park there and others can not. Attorney Abraham indicated that after the first citation his clients contacted him and while he is trying to work on this with them they keep on getting citations. He also feels that this is selective enforcement. He also indicated that his clients truck loaded still weighs less than Yaegers dump trucks. Chairman Salentine indicated that Yaeger truck parking was approve by court order. Chairman Salentine also stated that the Yaeger truck parking may not be able to be renewed due to the development of Wilkinson Estates. Attorney Abraham asked Director Kirch if he ever saw the bus Taube stated that there must be a complaint filed in order to act parked in this area. Director Kirch indicated that he has. Ald. on this. Commissioner Hulbert indicated that the area is changing and that just tonight the Plan Commission approved a subdivision plat adjacent to this land, and that he is not in favor the second garage structure because its purpose is to house a semi-tractor and semi-trailer and tools. Commissioner Hulbert indicated that he would look differently on this structure if it was for farm machinery or something to that extent. Attorney Abraham questioned how the truck parking and the second garage structure are being tied together when they are two separate issues. Resolution #P.C. 35-93 -- Approval of Second Garage Pg. 7 Plan Commission Minutes 02/16/93 Director Kirch indicated that on the paperwork the Nowak's filled out it asked to list all items to be stored within and in and tools. Commissioner Hulbert also felt that the welfare of that area the Nowak's indicated a semi-trailer, semi-tractor, this area is to be considered. Chairman Salentine stated that the rezonings in this area are abundant. There are definite changes happening in this area. Upon a roll call vote, Resolution #P.C. 35-93 was defeated 0-4 with all of the Plan Members voting nay. and Diane Nowak at W208 58121 Hillendale Drive. Commissioner Resolution #P.C. 36-93 -- Approval of Truck Parking for Ray Hulbert made a motion to adopt Resolution #P.C. 36-93 with the word Approval of permission ...., and Commissioner Smith seconded. Commissioner Hulbert asked to have the following comments that were stated on the previous resolution restated here: Commissioner Hulbert indicated that the area is changing and that just tonight the Plan Commission approved a subdivision plat adjacent to this land, and that he is not in favor the second garage structure because its purpose is to house a semi-tractor and semi-trailer and tools. Commissioner Hulbert indicated that he would look differently on this structure if it was for farm machinery or something to that extent. Commissioner Hulbert also felt that the welfare of this area is to be considered. The Plan Commission asked that the recording secretary make a note that under this Resolution. Upon a roll call vote, Resolution #P.C. some of the discussion under Resolution #P.C. 35-93 also applies 36-93 was defeated 0-4 with all members of the commission voting nay. Resolution #P.C. 37-93 -- Approval of Amended Building, Site and Operation Plan for the Aud Mar Supper Club, at S79 W15851 Aud Mar Drive. Commissioner Smith made a motion to adopt, Commissioner Hulbert seconded. Director Kirch explained that this is not an expansion of the Conditional Use Permit, but an addition to the existing living quarters. Commissioner Hulbert questioned how many families live above the Supper Club. Mr. Qschmann explained that his family lived in one and his mother in another. Upon a roll call vote, Resolution #P.C. 31-93 passed unanimously. Commission to Amend ChaDter 17, Section 17:6.09(13) of the Resolution #P.C. 21-93 -- Recommendation of the Plan Municipal Code of the City of Muskego, Zoning Ordinance, Signs. Ald. Taube made a motion to amend the resolution in paragraph (B), first sentence to read: No more than three (3) non-commercial temporary signs ...; and in the same paragraph, add .... from the Muskego Resident.; and also amend the fourth sentence: ..Building Building Department. The Building Permit Applicant must be a Permit shall stipulate that no more than three signs are permitted for any single event,... .. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 22-93 passed unanimously. .. the Public Works Garage for the Proposed Woodchipping Facility. Resolution #P.C. 23-93 -- Approval of Landscaping Plan for *. Pg. 8 Plan Commission Minutes 02/16/93 this resolution. Commissioner Hulbert seconded. Upon a roll call (Possible Reconsideration) Ald. Taube made a motion to reconsider vote, the motion to reconsider this resolution passed unanimously. Mr. DeBack stated that none of the other lots in the industrial park would be allowed to pile brush and do the chipping without problem. Ald. Taube made a motion to defer, Commissioner Hulbert further screening. The trees would help control the sound seconded. Upon a voice vote, the motion to defer Resolution #P.C. 21-93. 0 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 (7) C5 of the Municipal Code of the City of Muskego, Zoning Ordinance, Adult-oriented Establishments. Director Kirch read the letter from the City Attorney Molter. Although Attorney Molter did not respond to whether there is enough acreage he did respond to the questions about the daycare facilities and the neighboring city residents. In Attorney Molter's letter, he adoption of the ordinance then the area for Adult-orientated stated that if the daycare facility would go in before the facilities would be reduced. If the Adult-orientated is there first, then it would be grandfathered in, however if a daycare facility would move in it would reduce the available area. Attorney Molter recommends amending the ordinance periodically. Attorney Molter also states that we must take in consideration any a neighboring residences. Attorney Molter also gave a definition for substantially. It is 50% of gross sales deemed from the Chairman Salentine recommended talking with Chief Johnson to see items. It applies only to book stores and not movie theatres. if there was added crime when the movie theatre was X rated. Commissioner Smith made a motion to amend the resolution by deleting numbers 1 through 4, Commissioner Hulbert seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 22-93 passed unanimously. MISCELLANEOUS BUSINESS Resolution #P.C. 22-93 -- Recommendation of the Plan ADJOURNMENT Ald. Taube made a motion to adjourn the meeting at 12:OO midnight and Commissioner Smith seconded. Upon a voice vote, the motion to adjourn passed unanimously. Respectfully submitted, cmk