Loading...
PCM19930615@ PLAN COMMISSION CITY OF MUSKEGO MINUTES OF PLAN COMMISSION MEETING HELD ON JUNE 15, 1993 Mayor Dave DeAngelis called the meeting to order at 7:05 P.M. PRESENT: Chairman Dave DeAngelis, Darl Honl, Edward Raimann, Jerry Hulbert, Ald. Taube, Mrs. Smith, and Director Larry Kirch. ABSENT: Mark Damaske (excused) MINUTES: Commissioner Hulbert made a motion to approve the Minutes of the June 1, 1993 meeting. Commissioner Honl seconded. Upon a voice vote the motion to adopt passed unanimously. OLD BUSINESS: I I I I Resolution #P.C. 29-93 -- Approval of Certified Survey Map for Marc Addis for Four Lots in the NW 1/4 of Section 34 (Muskego Dam Drive). Deferred from 06/01/93 meeting. Mr Wendt asked if there were any questions regarding the revised sketch. Chairman DeAngelis questioned the odd shape of Lot 4. Commissioner Hulbert would like to see the odd shaped lot be reconfigured to possibly straighten. Commissioner Hulbert made a motion to amend the resolution by deleting the BE IT FURTHER RESOLVED...; by deleting in THEREFORE BE IT RESOLVED, .. the following with a width variance for Lot 2, and by changing the word three to four note be placed on the Certified Survey Map stating that there is in the third Whereas and in THEREFORE BE IT RESOLVED, that a to be no filling of the wetlands, and to make the area below Parcel 1 part of Parcel 1 except for a 50' strip of property as part of parcel 4. Commissioner Honl seconded. Upon a voice vote, the amendment passed unanimously. Commissioner Hulbert made a motion to defer, Commissioner Honl seconded. Upon a roll call vote, amended Resolution #P.C. 29-93 passed unanimously. Resolution #P.C. 89-93 -- Approval of Certified Survey Map for Two parcels by Metropolitan Engineering for Blenda Treba in the NW 1/4 of Section 8. Deferred from 06/01/93 meeting. Director Kirch explained that there hasn't been any information from MMSD at this time, however he did state that the Plan Commission does have the authority to have a note placed on the face of the Certified Survey Map indicating the setbacks and which side the setbacks apply to. Ald. Schneider, present in audience, asked if Director Kirch could explain this further. After further discussion, Ald. Taube made a motion to amend by adding BE IT FURTHER RESOLVED, That a note be placed on the face of the Certified Survey Map stating that the side setback on the south property line to be 20' and 15' on the other two sides, Commissioner Smith seconded. Upon a voice vote, the motion to amend passed unanimously. Commissioner Honl made a motion to 0 defer. Commissioner Raimann seconded Upon a voice vote, the Pg. 2 Plan Commission Minutes 06/ 2 /93 motion to defer amended Resolution #P.C. 89-93 passed unanimously. Heinrich Subdivision in the SE 1/4 & SW 1/4 of Section 16 (Racine RESOLUTION #P.C. 99-93 -- Approval of Sketch for Boehm & Avenue and Woods Road). Deferred from 06/01/93 meeting. Director Kirch explained that the petitioners had requested a deferral because the engineer has not been able to supply a sketch. Mr. meeting. Commissioner Raimann made a motion to defer, Commission Potrykus stated that he hopes to have a sketch ready for the next Honl seconded. Upon a voice vote, the motion to defer Resolution #P.C. 99-93 passed unanimously. RESOLUTION #P.C.lll-93 -- Approval of Preliminary Plat for Candlewood Creek Subdivision (Phase 1) located in the NW 1/4 of Section 11. (Woods Road & Durham Drive) Ms. Rummel and Mr. Phil Pine, Engineer from Bonestroo & Assoc., were present and explained that they had made all of the recommended changes. Director Kirch indicated that all of the changes had been met. Upon a roll call vote, Resolution #P.C.lll-93 passed unanimously. RESOLUTION IP.C.113-93 -- Approval of Preliminary Plat for Lakeview Highlands North Subdivision located in the SW 1/4 of Section 5.(Racine Ave. north of Janesville Road) Director Kirch indicated that the City Engineer sent a letter voicing concern over the choice of street names listed on the construction plans. Mr. Will Hein, engineer, explained that these items will be addressed. Ald. Taube was concerned whether the proposed street want to do with his land if he develops. Mr. Hein explained that layout for Adrian Drive is compatible with what Mr. Schmidt may his firm has been in contact with Mr. Schmidt and indicated that this street could align with what Mr. Schmidt will be doing when he develops. Ald. Schneider questioned what type of erosion control would be done to ensure the safety of the existing creek. He indicated that this creek feeds into Limy Lac and Little Muskego Lake. Mr. Hein explained that he would use the erosion control plan that was approved by Mr. Tom Chiconas from the Building Dept. Commissioner Honl asked if these methods would be acceptable. Commissioner Honl made a motion to amend by adding a a berm by the creek which will be vegetated immediately prior to number 4 under THEREFORE BE IT RESOLVED to read: The placement of further grading of the site. Commissioner Raimann seconded. Mr. Hein would be willing to do a vegetated berm and they would use a mat with excelsior seed. The mat is staked to the berm. Commissioner Honl would prefer to have sod. He changed the verbiage in his amendment to state vegetated with sod. His amendment died due to lack of a second. Mr. Eberhardt, the City Engineer explained that sod and the mat with excelsior seed are equal if installed correctly and that his firm feels comfortable with either. Mr. Hein expressed that he will make the best effort so as to not effect the creek. Ald. Taube raised the question of possibly requiring bigger bond so that the City would have some guarantee that if the creek would be damaged it would be Pg. 3 Plan Commission Minutes 06/&/93 restored. Director Kirch indicated that the Plan Commission can m not ask for this, but it would be a decision for the Public Works ti Finance Committee. After further discussion, Commissioner Honl THEREFORE BE IT RESOLVED TO READ: TO install a berm by the creek agreed to have his amendment as follows by adding a number 4 under which will be vegetated immediately prior to further grading of the site. Commissioner Raimann seconded. Upon a voice vote the amendment passed unanimously. Ald. Taube made a motion to amend A note must be placed on the face of the Certified Survey Map by adding a number 5 under THEREFORE BE IT RESOLVED to read that stating that Lot 5 may not be further divided at anytime in the future. Commissioner Hulbert seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, twice amended Resolution #P.C. 113-93 passed unanimously. 1s I RESOLUTION PP.C.114-93 -- Approval of Sketch for a Land Division by Daniel Krueger in the SE 1/4 of Section 29. (DeBack Drive) Director Kirch indicated that this was a previously approved Certified Survey Map that had adjacent land deeded to the property. Director Kirch suggested three changes. Commissioner Raimann made a motion to amend to include Director Kirch's suggestions by deleting the second WHEREAS, and by adding to THEREFORE BE IT RESOLVED, ... Certified Survey Map, receipt of a favorable perc test, removal of existing shed on the new lot, and subject to..... Ald. Taube seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 114-93 passed unanimously. NEW BUSINESS: RESOLUTION IP.C.119-93 -- Approval of Final Plat for Champions Village of Country Club Villages Subdivision located in the NE 1/5 and NW 1/4 of Section 25. (North Cape Road and STH 36 Loomis Road and Ryan Road) Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Mr. Krause indicated that they have conformed with all of the requirements of DOT & other plans. Mayor DeAngelis questioned why the wetlands had been agencies. They are now in the process of doing the grading waiting for the permits from the DNR. Director Kirch stated that omitted from this plat. Mr. Krause explained that they are wetlands. It first has to be treated. Director Kirch indicated the DNR doesn't allow stormwater to discharge directly into the that a public intervenor has been in contact with his office and will be representing the residents of Wisconsin opposing altering these wetlands. Mr. Krause indicated that these wetlands were artificially created and should not be considered natural. Ald. Taube was concerned that this problem was similar to the problems was created by other factors. He doesn't feel it is in the City in the Lake Forest Development with the artificial wetland that of Muskego's best interest to approve this until we have something this phase on North Cape Road being close to the proposed new STH from the DNR. Ald. Taube was also concerned with the entrance to ~ Pg. 4 Plan Commission Minutes 06/ 8 /93 36. Director Kirch indicated that DOT was notified and sent a letter of no objection and is allowing this access on to North Cape Road. Ald. Taube was also concerned over the entrance by the Kramer property and the design of it. Mr. Krause explained that it utilizes the existing driveway. Ald. Taube felt the need to Council. Commissioner Smith made a motion to amend by adding BE have agreement by Mr. Kramer prior to the approval of the Common Kramer regarding the road/driveway leading to his property, prior IT FURTHER RESOLVED, That written approval must received from Mr. to COnUUOn Council approval. Commissioner Raimann seconded. Upon a voice vote, the amendment passed unanimously. Commissioner Honl felt this should be deferred. Commissioner Honl made a motion to defer. Director Kirch asked Mr. Krause to get in touch with him to discuss the items that haven't been addressed yet from the different agencies. Commissioner Hulbert indicated that the Park Board likes the boulevard entrance but would like the developer to remember that a minimum of 8 feet is required on the WEPCO vote, the motion to defer amended Resolution #P.C. 119-93 passed right-of-way. Commissioner Hulbert seconded. Upon a voice unanimously. Conditional Use Grant to Allow an Veterinary Clinic to be located in the Muskego Center(Pick N' Save - Walgreens Shopping Center) by Mr. C.V. Zillig of C.V. Zillig. Commissioner Honl made a motion to adopt, Commissioner Raimann seconded. Dr. Gruenstern explained that this facility would be between the existing laundromat and at this time an empty unit. Director Kirch was put between the existing wall with the Laundromat. Dr. Gruenstern concerned with the fact that there would not be a sound barrier explained that the existing wall has 2 sheets of drywall on each side and goes to the ceiling. In addition to this, the cages will be wrapped and facing away from the wall. Director Kirch indicated that he had visited the Vet Clinic in Hales Corners and Kirch had was from the State Farm Office that is located next to on Calhoun Road in New Berlin. The only comment that Director waiting room next door he can hear them. Director Kirch felt that the one in Hales Corners and that if there are 5 dogs in the this is an appropriate use. Commissioners Honl and Raimann both felt that it would be to Mr. Zillig's best interest to have this facility built well and that it would be his loss if he looses tenants due to noise. Mr. Zillig indicated that he is doing everything that his architect recommended. Dr. Gruenstern indicated that there will not be any boarding or kenneling of animals. Ald. Taube questioned what happens to the remains of a dead animal. Dr. Gruenstern explained that the deceased will be stored in a freezer unit until it is picked up for cremation or burial. Any animal that is too large will be removed right away. As for any biological items from surgery, they will be placed in plastic bags and disposed of in the dumpster and some of it will were concerned as to how the dumpster cover is fastened down so be picked up by a service. Ald. 'Taube and Commissioner Hulbert that small animals can't get inside. Mr. Zillig stated that he will talk to BFI and make sure the dumpster has the heaviest lid Resolution #P.C.121-93 -- Approval of Request for a Pg. 5 Plan Commission Minutes 06/ 3 /93 as possible. Commissioner Hulbert questioned whether the tenants of the shopping center had been notified. Director Kirch indicated that the notices had been hand delivered. Dr. Gruenstern indicated that any "accidents" in the parking lot area will be removed and washed down immediately. She also indicated that she wants to clean up the green area in back where use disinfectant not just water when washing these areas. they will be taking the dogs. Commissioner Smith asked that they Commissioner Hulbert made a motion to amend the resolution to read THEREFORE BE IT RESOLVED, .... cleaned up immediately with odor counteractive disinfectant from the shopping ...., #3 to read .... and will only be walked or exercised on the property line south of the building., #4 to read .... in a proper manner and disposal., adding a #6 to read That a review of the Conditional euthanized animals will be placed in cooler/freezers until Use Grant must be done by the Plan Commission after 1 year from the approval date., and by adding a #7 to read: That the dumpster must be tamper proof. Ald. Taube seconded. Upon a roll call vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 121-93 passed unanimously. { RESOLUTION IP.C.122-93 -- Approval/Disapproval of Sketch for Land Division by Ronald & Judith Peters located in the SW 1/4 of Section 32.(Racine Avenue) Commissioner Hulbert made a motion to adopt, Ald. Taube seconded. Chairman DeAngelis asked the petitioners to explain their proposal. They explained that Lots 5 driveway. Waukesha DOT has required that they have shared & 6 will have shared access and Lots 1 & 2 currently share a access. Director Kirch indicated that according to the cadestral the petitioners may not have enough frontage for this proposed land division. The petitioners would have to make sure that they have enough road frontage and average lot width for the proposed amount of lots or remove one of the lots. Ald. Taube questioned whether the total square footage could be met by moving Kirch stated that they could achieve the required amount of square the property line in the back of the lots further east. Director frontage needed and then the existing barn might have to be feet this way, however this would not change the amount of removed. Commissioner Raimann wanted the petitioners to understand that the Plan Commission can grant a variance of 10% of doesn't have to. Chairman DeAngelis indicated that we need to the amount of frontage required, but that the Plan Commission give the petitioners direction and that he is comfortable with the shared driveways. Ald. Taube was concerned over the amount of driveways that would be accessing Racine Avenue. Mrs. Peters explained that this land division would only be adding one additional driveway and that DOT wants it to be a shared driveway. Commissioner Honl made a motion to amend this resolution in THEREFORE BE IT RESOLVED, ....p roposed configuration subject to a 10% variance being granted on the required average width of the lots as long as the lots meet the minimum requirements for the frontage (99 ft)and that the average size of plan is approved prior to the recording of the Certified Survey the lots meet the required 20,000 square feet and that a grading Pg. 6 Plan Commission Minutes 06/ 2 /93 Map. Commissioner Hulbert seconded. Upon a voice vote, the Resolution #P.C. 122-93 passed unanimously. amendment passed unanimously. Upon a roll call vote, amended Preliminary Plat for the Yaeger Property Subdivision in the NE RESOLUTION #P.C.123-93 -- Approval/Disapproval of Sketch for seconded by Hulbert. Mr. Potrykus explained the proposed division 1/4 Section 18. Ald. Taube made a motion to adopt, Commissioner and why it was drawn with RS-2 zoning instead of the existing RS-1 are RS-2 Zoning District. Commissioner Hulbert asked what the Zoning. Director Kirch concurred that the surrounding properties DeAngelis stated that it recommended RS-1. Director Kirch comprehensive plan recommended for this property. Chairman the comprehensive plan and that would give a mixture of RS-2 and indicated that the petitioner could add OPD to the zoning under property in question should stay zoned at what the Comprehensive RS-1 Zoning Districts. Commissioner Hulbert feels that the Plan recommended. Ald. Taube questioned what the City would get in return for the rezoning. Director Kirch indicated that he had been in contact with Waukesha County Park & Planning to notify them of the proposed subdivision and of purchasing land. They didn't seem interested. Commissioner Honl also is not in favor of changing the zoning or in favor of a PUD overlay. Commissioner Smith wasn't in favor of rezoning to RS-2, but is in favor of a Commissioner Smith and Ald. Taube agreed with Commissioner Smith. PUD overlay. Commissioners' Raimann and Hulbert agreed with Director Kirch indicated that in exchange for the PUD overlay, possibly the petitioner would pay double park dedication fees. Chairman DeAngelis thought this item should be deferred for a revised sketch. Commissioner Hulbert made a motion to defer, Ald. Taube seconded. Upon a voice vote, the motion to defer Resolution #P.C. 123-93 passed unanimously. B. Resolution tP.C.124-93 -- Approval of an Amended Building, Site, and Operation for Delta Group Inc. located at W188 S8393 Mercury Drive.(Muskego Industrial/Business Park) Commissioner Honl made a motion to adopt, Ald. Taube seconded. Director Kirch explained that the other items that were requested by the Plan Commission have been done. Mr. Murphy, Delta, Inc., explained that he is in need of office space due to growth in his business. He explained that he is looking at putting in concrete and has until November 1994 to have it in place. He would like to put in the footings for this addition at the time of the concrete. He agreed that the concrete drive would be done either prior to this addition or consecutively with the addition. He realizes that he could do a temporary fix, but he would prefer to do it correctly and only have to do it once. He further explained that he is very hesitant with using asphalt due to the problems he has had with the existing asphalt. Mr. Murphy indicated that the time frame for this project depends on a few different factors including a judgement his company will be receiving from the builder. what was previously requested had been finished. Commissioner Commissioner Smith did not feel that this could be approved until Pg. 7 Plan Commission Minutes 06/1+/93 '3 addition. Ald. Taube asked if Mr. Murphy could give a time frame Honl also felt that the driveway should be done prior to the for at least part of the project. Mr. Murphy explained again that they plan to do it as soon as it is possible, but that he can't commit to a certain time. Commissioner Honl made a motion to amend the resolution by adding BE IT E'URTHER RESOLVED, That no building permit will be issued for the additions with the exception of footings prior to the completion of the concrete and that the addition will be of similar construction and elevation to the existing office areas. Ald. Taube seconded. Commissioner Smith questioned why the petitioner was requesting 2 additional entrances. Mr. Murphy explained that it was due to the construction and to help control the amount of traffic in one particular area. This will give the semi trailers further room to enter and leave this facility. Commissioner Smith asked Director would be started and completed and if not done then it would be Kirch if this project could be given a time limit as to when it null and void. Director Kirch indicated that is not the' right of the Plan Commission. Commissioner Honl called for the question on the amendment. Commissioner Hulbert objected to the calling of the question because he felt this project should not be approved prior to financial guarantee and feels that this should be deferred until the petitioner knows when he will be able to start question passed unanimously. After further discussion, a roll the project. Upon a voice vote, the objection to the call for the call vote was taken and the amendment passed 5-1 with Commissioner Smith voting nay. Commissioner Hulbert made a motion to defer, Ald. Taube seconded. Upon a roll call vote, the motion to defer Resolution #P.C. 124-93 passed 5-1 with Chairman DeAngelis voting nay. Mr. Murphy requested that this item be removed from the next agenda, as he will not be proceeding with this project at this time. P RESOLUTION #P.C.125-93 -- Approval of Building, Site, and Operation Plan for QMC, Inc. located at the extension of Enterprise Drive. Commissioner Hulbert made a motion to adopt, Ald. Taube seconded. Mr. Santi explained that this building would be composed of split face block of a taupe or buff color with little squares of a different color. The blocks will have a sealer then two coats of color and then another coat of sealer. This comes with a 5 year guarantee. Upon a roll call vote, Resolution #P.C. 125-93 passed unanimously. Resolution tP.C.120-93 -- Approval of Request for an amendment to an existing Conditional Use Grant to Allow a 50' x 100' accessory building to be used for "GENERAL MERCHANDISING AND WHOLESALE ESTABLISHMENT" and Sales of Used Automobiles located at 583 W20411 Janesville Road by Walter Bohrer, Jr. and Sam Maslar. Ald. Taube made a motion to adopt, Commissioner Hulbert seconded. Director Kirch suggested deferring this item so the petitioners Smith seconded. Upon a. voice vote, Resolution #P.C. 121-93 was could be present. Ald. Taube made a motion to defer, Commissioner deferred. 0 Pg. 8 Plan Commission Minutes 06/ 42 /93 MISCELLANEOUS BUSINESS ' Discussion with Mr. Pasky regarding his Conditional Use Permit and possible modifications. Director Kirch indicated that his meeting. Director Kirch will send another invitation to Mr. office had sent a letter to Mr. Pasky inviting him to the Pasky inviting him to the next meeting. Director Kirch explained the handout regarding the tree requirements. Commissioner Honl made a motion to reconsider Resolution #P.C. 101-93. Commissioner Raimann seconded. Commissioner Honl made a motion to amend the BE IT FURTHER RESOLVED, ... minimum of 2 1/2" caliper at the point on the trunk 12" inches above... Commissioner Raimann seconded. Upon a voice vote, the amendment passed unanimously. Director Kirch explained that Mr. Heinrich had dropped off a letter and asked that it be placed in his file. Director Kirch explained that Steve Sokolowski(previous intern) and Dave Morck (current intern) put together a checklist to help in the process of reviewing Building, Site and Operation Plans and Subdivisions. Director Kirch indicated that each Commissioner was given a copy of the First Draft of the Land Division Ordinance. At the next meeting, a schedule of meetings will be set up to go over and revise as needed. He feels it will probably take 4 to 5 meetings. Any persons unable to attend will need to submit in writing any suggested changes. Chairman DeAngelis questioned Mr. Kirch whether the asphalt reclamation plan from Payne & Dolan had been submitted. Director Kirch indicated that he has not heard from Payne & Dolan at this point in time. Commissioner Hulbert indicated that he had one.phone call at home regarding the tree requirements and that he explained the requirements to the individual. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 11:20 p.m. and Ald. Taube seconded. Upon a voice vote, the motion to adjourn passed unanimously.