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PCM19930706CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON JULY 6, 1993 Mayor David DeAngelis called the meeting to order at 7:04 p.m. PRESENT: Chairman David DeAngelis, Darl Honl, Edward Raimann (leaving at 1O:OO p.m.), Jerry Hulbert, Ald. Taube, Mark Damaske(arriving at 7:30 p.m.), and Director Larry Kirch. ABSENT: Mrs. Smith (excused) MINUTES: Commissioner Honl made a motion to approve the Minutes Upon a voice vote the motion to adopt passed unanimously. of the June 15, 1993 meeting. Commissioner Raimann seconded. OLD BUSINESS: Reeolutlon #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 06/15/93 meeting. Mr. Wendt asked if Certified Survey Map which had been submitted. Director Kirch the Commissioners had any questions regarding the revised those could be met. Ald. Taube would like a note placed on the indicated that the City Engineers had only two comments and felt face of the Certified Survey Map stating that these lots can not be further divided. Upon a roll call vote, Resolution #P.C.29-93 as previously amended passed unanimously. Mapfor Two parcels by Metropolitan Engineering for Blenda Treba in the NW 1/4 of Section 8. Deferred from 06/15/93 meeting. Director Kirch stated that at this time nothing has been received from MMSD. He also stated that Mrs. Treba was present was upset that the Plan Commission would require putting the and had questions regarding the previous amendment. Mrs. Treba larger side offsets on her side. If these setbacks and offsets were followed two of the bigger, nicer oak trees would have to be does have the authority to set these requirements through the chopped down. Director Kirch explained that the Plan Commission Commission made this requirement due to the shape and to alleviate Subdivision Ordinance. Chairman DeAngelis stated that the the concerns of the adjacent property owners. Mrs. Treba wanted the Commission to realize that the only trees that would be left would be scrub trees. Chairman DeAngelis also stated that the adjacent property owners were upset because their shed had to be further from the property line than a proposed house on this proposed lot. Chairman DeAngelis also stated that they didn't increase the offsets just moved them. Mrs. Treba indicated that categories next to each other. Mrs. Treba explained that this it was not her fault that they have two different zoning property would have its own grinder pump and that she is currently waiting to hear from MMSD. Mr. Potrykus indicated that it should Resolutlon #P.C. 89-93 -- Approval of Certified Survey Pg. 2 Plan Commission Minutes 07/06/93 be fairly soon that MMSD replies. Ald. Taube made a motion to defer, Commissioner Raimann seconded. Upon a voice vote, the motion to defer Resolution #P.C. 89-93 passed unanimously. RESOLUTION #P.C. 99-93 -- Approval of Sketch for Boehm & Avenue and Woods Road). Deferred from 06/15/93 meeting. Mr. Heinrich Subdivision in the SE 1/4 & SW 1/4 of Section 16 (Racine been drawn, however Mr. Boehm has been out of town and has not Potrykus, present in audience, indicated that a revised sketch has would be presented at the next Plan Commission Meeting. Mr. been able to see it yet. Mr. Potrykus indicated that this sketch Potrykus also stated that the revised sketch meets the current zoning requirements of this property. Ald. Taube made a motion to defer, Commissioner Hulbert seconded. Upon a voice vote, the motion to defer Resolution #P.C. 99-93 passed unanimously. RESOLUTION #P.C.119-93 -- Approval of Final Plat for Chamoions Villaae of Countrv Club Villaaes Subdivision located in the NE 1/5 and IiW 1/4 of Section 25. (iorth Cape Road and STH 36 Loomis Road and Ryan Road) Mr. Lew Averill, National Survey & Engineering and Mr. Krause were present to answer any questions of the Plan Commission. Mr. Averill explained that they may be using sedimentation catch basins to clean the storm water prior to reaching the wetlands. They plan to use 20 foot drainage easements which would accommodate the storm water and would cross the wetlands with this pipe. It would be a public storm water drainage facility and handled similar to the sanitary system. Director Kirch explained to the Plan Commissioners that this development is unique in that the Final Plat is being submitted prior to all the engineering plans. He also stated that the Plan Commission may approve this but it would still be 3-4 months prior to the Common Council approval. Ald. Taube questioned the use of the pipes to convey storm water runoff and that there is not any basins would be the only treatment that could be done. He also treatment discussed. Mr. Averill explained that the catch explained that it is the intent of the Developer to preserve and enhance the wetland areas. Mr. Krause also indicated that the ponds would be the responsibility of the Master Subdivision Association of the Development. The association will own all of the property and is a registered corporation. Director Kirch explained that if the City has to do any work then the work would be billed to the property owners tax bills. Director Kirch also stated that previous Developers have had a special deposit for approximately 5 years to ensure the maintenance of the ponds. Commissioner Raimann asked the approximate size of the pipes that would be used. Mr. Averill stated that they would be at least DNR stating that the storm water needs to be pretreated if it 36". Director Kirch summarized two separate letters, one from the empties into the wetlands. Ald. Taube was concerned whether the DNR would allow the wetlands to be changed to park lands. He felt that it would not be an enjoyable park if you need waders to enter it. Ald. Taube questioned what the Developer is willing to do to enlarge the existing fire station on Loomis Road after this Pg. 3 Plan Commission Minutes 07/06/93 development is finished and if the Developer would be willing to use portions of lands that are not used for a new firehouse. Mr. Krause indicated that the existing fire station was donated by him and that in 1986 Ald. Taube represented a Resolution to the Common Council stating this area was left out and treated as a parkland other than a wetland.Mr. Averill stated that they had recently met with the DNR and discussed using 25% of the northern wetland for the park, 25% south for a lake for storm water, and leaving the bottom half as a wetland. They haven't heard from the DNR in regards to this new proposal. Chairman DeAngelis asked if there was any further discussion on the design layout. Commissioner Hulbert asked about the engineering. Chairman DeAngelis explained that is not the responsibility of the Plan Commission, the Plan Commission has to make sure the design and layout meets the water plans. Chairman DeAngelis also explained that if the layout requirements. The Public Works Committee will look at the storm was changed due to the engineering plans it would have to be resubmitted to the Plan Commission. Mr. Krause explained that there are a row of lots that were not put on this phase of the Final Plat, to allow them some room to work out any drainage requirements. Commissioner Honl asked if the Developer would be able to come back and make up for the lots he could be losing elsewhere in the Development. Director Kirch indicated that he could. Upon a roll call vote, the motion to adopt Resolution #P.C. 119-93 passed unanimously. amendment to an existing Conditional Use Grant to Allow a 50' x WHOLESALE ESTABLISHMENT" and Sales of Used Automobiles located at 100' accessory building to be used for "GENERAL MERCHANDISING AND 583 W20411 Janesville Road by Walter Bohrer, Jr. and Sam Maslar. Deferred from 06/15/93 meeting. Mr. Bohrer was present to explain that they are willing to comply with the black topping and until the black topping is done they would add further stone to the area. Mr. Bohrer also stated that there would only be outside storage of autos for 1-2 days prior to an auction and for approximately 1-2 days after. Chairman DeAngelis asked if the petitioner would be receptive to some type of bonding of Letter of Credit for the amount of the black topping. Mr. Bohrer didn't think it would be a problem. Chairman DeAngelis explained that you need 1 parking space for every 100 square feet primary floor area. Mr. Bohrer indicated that there would be 5 cars parked there during the day for the office portion. Mr. Bohrer will not be using the same drive as the Auction House and will not be parking on the black top. Mr. Bohrer explained that you never now more than 50. Ald. Taube asked if there had been any landscaping how many fleet cars will be auctioned, however it usually is not plans and parking plans been submitted. Ald. Taube doesn't have a problem with the usage, but he does with how loosely the cars are arriving and how long they would be staying after the auction. There was also concern regarding the placement of a berm or possibly a fence. Chairman DeAngelis indicated that the Plan Commission would like to see a site plan with landscaping, the amount of asphalt, and the procedure of the arrival and removal of Resolution #P.C.120-93 -- Approval of Request for an Pg. 4 Plan Commission Minutes 07/06/93 the vehicles. Commissioner Damaske asked if the auction needs to Commission Damaske was concerned whether a berm or fence would obstruct the view. Commissioner Honl made a motion to defer, Ald. Taube seconded. Upon a voice vote, the motion to defer Resolution #P.C. 120-93 passed unanimously. be seen from the road. Mr. Bohrer indicated that it did not. Plat for the Yaeger Property Subdivision in the NE 1/4 Section Mr. Potrykus asked if the Plan Commission had any comments on the 18. Deferred from 06/15/93 meeting. (Hillendale Drive, 34 lots) revised sketch. He also indicated that the sketch is with the Mr. Yaeger plans on doing this in phases. Chairman DeAngelis existing RS-1 Zoning District. This sketch shows 27 lots and that Mr. Potrykus stated that if the City requires it they will do it. asked if a temporary cul-de-sac will be placed at Pasadena Drive. Director Kirch asked if the Developer was planning on pedestrain access to the County Park. Ald. Taube indicated that Lake Forest has a pedestrain path to the County Park. Commissioner Hulbert suggested an access between Lots 9 and 10. Ald. Taube made a motion to amend this resolution to add a pedestrian path between Lots 9 & 10. Commissioner Hulbert seconded. Mr. Potrykus felt County wants this access and if they do it would be a private that two things should be considered the first being whether the easement and not a public access where a bunch of people will park on the street and second, it should be determined between the County and the Developer where the access will be. Chairman Taube removed his amendment. Commissioner Hulbert made a motion to amend this resolution by deleting the third WHEREAS , by changing in the first WHEREAS to read as follows: ... Section 18 into 27 single family lots.... Ald. Taube seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 123-93 passed unanimously. RESOLUTION #P.C.123-93 -- Approval of Sketch for Preliminary 0 DeAngelis suggested that Ald. Taube remove his amendment. Ald. Site, and Operation for Delta Group Inc. located at W188 S8393 Resolution #P.C.124-93 -- Approval of an Amended Building, Mercury Drive.(Muskego Industrial/Business Park) Deferred from 06/15/93 meeting. Director Kirch explained that himself and Mayor DeAngelis met with Mr. Murphy at his office. Director Kirch felt that Mr. Murphy will be doing the concrete in two separate phases. Director Kirch indicated that the Plan Commission can either table, defer or adopt this Resolution. Ald. Taube made a motion to defer to the next meeting. After further discussion, Ald. Taube removed his motion to defer and made a motion to Table Resolution #P.C. 124-93, Commissioner Honl seconded. Upon a voice vote, the motion to Table Resolution #P.C. 124-93 passed unanimously. NEW BUSINESS ,e Certified Survey Map for American Surveying Company, Inc. for the Kiser property located in the NE 1/4 of Section 13, Town of Resolution tP.C.126-93 -- Approval of Extraterritorial Pg. 5 Plan Commission Minutes 07/06/93 Norway. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 126-93 passed unanimously. Larson W125 S8330 North Cape Road (CTH 00) in the SE 1/4 of Section 13. Commissioner Raimann made a motion to adopt, Commissioner Damaske seconded. Mr. Larson explained that the house will be 1,626 square feet and will come down CTH 00. He also indicated that the back porch will be detached and reattached to the house after the move. Chairman DeAngelis asked what type of insurance Mr. Larson had. Mr. Larson indicated that his mover has a million dollar policy for the move. Director Kirch system is approved. Upon a roll call vote, Resolution #P.C. indicated that no building permit can be issued until a mound 127-93 passed unanimously. RESOLUTION IP.C.127-93 -- Approval to Move a House for Merle RESOLUTION IP.C.128-93 -- Approval of Extraterritorial Certified Survey by American Surveying Company, Inc. for the Briscoe Property Located in the SW 1/4 of Section 3, Town of Norway. Ald. Taube made a motion to adopt, seconded by Commissioner Hulbert. Director Kirch explained that the next two Certified Survey Map should not be approved. Mr. Bailey, American resolutions relate to this and that the City Engineer states that done by three separate individuals. Commissioner Honl made a Surveying Company, Inc., indicated that these properties are being motion to amend, changing the title to read Norton instead of Briscoe and changing the first WHEREAS to be Norton instead of Briscoe and also change in the THEREFORE BE IT RESOLVED to be Norton instead of Briscoe. Commissioner Raimann seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 128-93 passed unanimously. RESOLUTION XP.C.129-93 -- Approval of Extraterritorial Certified Survey by American Survey Map for the Briscoe Property Located in the SW 1/4 of Section 3, Town of Norway. Ald. Taube made a motion to adopt, Commissioner Hulbert seconded. Commissioner Honl made a motion to amend the resolution in the title to read Masters instead of Briscoe, in the first WHEREAS to read Masters instead of Briscoe, and in the THEREFORE BE IT RESOLVED, to read Masters instead of Briscoe. Commissioner Raimann seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 129-93 passed unanimously. Resolution IP.C.130-93 -- Approval of Extraterritorial Certified Survey by American Survey Map for the Briscoe Property Located in the SW 1/4 of Section 3, Town of Norway. Commissioner Hulbert made a motion to adopt, Commissioner Honl seconded. Upon a roll call vote, Resolution #P.C. 130-93 passed unanimously. Pg. 6 Plan Commission Minutes 07/06/93 RESOLUTION #P.C.131-93 -- Approval of Extraterritorial Certified Survey by American Survey Map for Property Located in the NE 1/4 of Section 7, Town of Norway. (K.R.R.) Commissioner Raimann made a motion to adopt, Commissioner Hulbert City of Muskego over an Exterritorial Certified Survey Map, a seconded. After a lengthy discussion regarding the powers of the Ald. Taube and Commissioner Hulbert voting nay. roll call vote was taken. Resolution #P.C. 131-93 passed 4-2 with RESOLUTION #P.C.132-93 -- Recommendation of the Plan Commission on the Proposed Amendment to Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance for the Properties in the area of Tess Corners Creek immediately south of College Avenue. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Commissioner Honl questioned why the surrounding properties were not also rezoned. Mr. Eberhardt explained the procedure of FEMA and the DNR to rezone the property. Chairman DeAngelis indicated that each individual property owner can petition to rezone their property. Director Kirch indicated that there is a similar rezoning later this evening that would be property. Ald. Taube indicated that at the Public Hearing some of comparable to what Commissioner Honl wants to do with his the residents were upset that their properties weren't being done. Ald. Taube asked that the rest of the properties that are incorrect be looked at and corrected. Upon a roll call vote, Resolution #P.C. 132-93 passed unanimously. RESOLUTION #P.C.133-93 -- Recommendation of the Plan Commission on the Proposed Amendment to Chapter 14, Section 1.5 the Unnamed Tributary of the Muskego Canal. (Plum Creek East & (2) of the Floodplain Zoning Ordinance for the Property area of Plum Creek Addition #1) Commissioner Hulbert made a motion to adopt, Commissioner Damaske seconded. Mr. Carity and Kalvin Klimeck, Engineer from Pioneer Engineering, were present to explain their proposed rezoning. They explained how they used the HEC2 Study from R&M from 1989 and their own HEC2 study. They used not only Ruekert & Mielke's information, but also FEMA's information. They also went over Ruekert & Mielke's to verify they were starting with the same number that Ruekert & Mielke ended with. This was a very intense field study of not only their property but the property to the east. The majority of the reduction occured in the park area , Mr. Klineck did the work and the DNR has agreed with their findings. Chairman DeAngelis asked if they changed the flow of the water or kept it the same. Chairman DeAngelis asked if they also took into consideration the development to the north of this property. Director Kirch explained that Lynn Torgerson from the DNR is requiring the City to rezone this and we have 6 months to do this. After further discussion regarding the steps involved in doing the work to determine this, Commissioner Honl called for the question. Upon a roll call vote, Resolution #P.C. 133-93 passed unanimously. Chairman DeAngelis called for a 10 minute recess at 9:55 p.m. The meeting resumed at 1O:OO p.m. Pg. 7 Plan Commission Minutes 07/06/93 Commission on the Proposed Amendment to Chapter 14, Section 1.5 S79 W16130 Bay Lane Place. Commissioner Hulbert made a motion to (2) of the Floodplain Zoning Ordinance for the Property located at adopt, Ald. Taube seconded. Ald. Taube questioned whether the proposed home is built. Director Kirch indicated this is a existing garage need to have second garage approval once the separate issue and will be dealt with under a different Resolution. Ald. Taube was concerned with approving this with out Director Kirch indicated that he will discuss this item with Mr. a contingency regarding the approval of the second garage. Dykstra. Ald. Taube asked if this property needed to do a HEC2 Study. Director Kirch indicated that the DNR will allow you to do this through survey rather than doing a HEC2 study. Director Kirch also indicated that there is a swale to the east of the property. He also stated that Mr. Dykstra sets the Building elevation based on adjacent properties. After a roll call vote, Resolution #P.C. 134-93 passed unanimously. RESOLUTION #P.C.134-93 -- Recommendation of the Plan SW 1/4 of Section 25 for Jeffrey Arbinger located at S99 W13381 RESOLUTION #P.C.135-93 -- Approval of 16' x 24' Shed in the Loomis Drive. Commissioner Honl made a motion to adopt, Ald. Taube seconded. Director Kirch asked if the petitioner had any questions regarding the required 30 foot setback. The petitioner feels that this would be the best location for this proposed building. Director Kirch indicated that the Plan Commission doesn't have the authority to grant a variance, but the Board of passed unanimously. Appeals does. Upon a roll call vote, Resolution #P.C. 135-93 Structure for Robert KO~D located at S107 W17097 Muskeoo Dam Resolution #P.C.136-93 -- Approval of Second Garage Hulbert seconded. Chairman DeAngelis asked if the proposed pole Road. Commissioner Honl-made a motion to adopt, Commissioner shed would be to the east of the petitioners home and come in the shared driveway to the left in the front yard. The petitioner indicated that was what he was proposing. Upon a roll call vote, Resolution #P.C. 136-93 passed unanimously. RESOLUTION XP.C.137-93 -- Approval of Extraterritorial Certified Survey Map for Harold DeBack in the NE 1/4 of Section 4 and the NW 1/4 of Section 3, Town of Norway. This item was removed at the petitioners request. Chairman DeAngelis gave the chair to Ald. Taube due to a possible conflict of interest. RESOLUTION #P.C.138-93 -- Approval of Building, Site and Operation Plan for the Muskego Family House Restaurant by Peter Panagos located at S75 W17536 Janesville Road. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Director Kirch indicated that his concern is the parking. Mr. and there will be two shifts. Mr. Mahos indicated that they 0 Mahos indicated that there will be eight people on each shift Pg. 8 Plan Commission Minutes 07/06/93 meet the requirements in the City Code. Chairman Ald. Taube realizes that they meet our standards, however sometimes we have to use common sense. They have been in contact with the condo association and they like the proposed building rather than the existing building. The proposed owner is negoitating with the condo association regarding the purchasing of some of the property the with will be field stone and the top will be Dryvit. The for further parking. The building exterior will be finished on be a flag pole on the corner of the lot. They will also squeeze roof will be a hip roof covered with asphalt shingles. There will in all the landscaping possible. Chairman Ald. Taube was concerned with the double driveway on Janesville Road. Mr. Mahos stated that they would eliminate the one closest to the intersection. Commissioner Honl stated that this should be okayed and left at the discretion of the owner. Chairman Ald. Taube disagreed. Director Kirch indicated that the if they would do curb and gutter on the street they would have further parking will give approximately 2-3 more parking spots. Chairman Ald. spaces and the removal of the second entrance on Janesville Road Taube asked the petitioner to come back to the Plan Commission with some type of written agreement with Parkland Photo regarding the parking of employee vehicles after 5:OO p.m. and with only one entrance/exit on Janesville Road and planned parking on the side of the building. Commissioner Damaske felt that the petitioner and removing the second entrance. Commissioner Honl made a motion should address the parking situation by parking across the street motion to defer Resolution #P.C. 138-93 passed unanimously. to defer, Commissioner Damaske seconded. Upon a voice vote, the Mayor DeAngelis resumed the chair. RESOLUTION XP.C.139-93 -- Approval/Disapproval of Second Garage for Steven Meyer located at W145 59604 Groveway Lane. Ald. Taube made a motion to adopt as an approval, Commissioner Hulbert seconded. Director Kirch indicated that the Plan Commission can grant a variance if it is predominately undeveloped vegetative screening with pine trees and berming. Conifers will area. Mr. Meyer indicated that the proposed building will have petitioner would be receptive to removing the existing storage completely surround the building. Chairman DeAngelis asked if the This building will allow for the existing cars to be removed from shed. The petitioner stated that he works on cars as a hobby. the driveway. Ald. Taube made a motion to amend the title by stating APPROVAL and removing DISAPPROVAL, by changing the THEREFORE BE IT RESOLVED to read: .... not to exceed, 2,160 square feet, ... and by adding to THEREFORE BE IT RESOLVED, .... for Steven Meyer subject to the removal of the existing storage shed. Commissioner Damaske seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 139-93 passed unanimously. RESOLUTION #P.C.140-93 -- Approval of Sketch for Certified Survey Map by Metropolitan Engineering located in the SE 1/4 of Section 8 and SW 1/4 of Section 9. (Lions Park Drive)(3 lots) Pg. 9 Plan Commission Minutes 07/06/93 Commissioner Honl made a motion to adopt, Commissioner Hulbert larger lots even though the present zoning allows him to have smaller lots. Mr. Potrykus stated that the existing cottage on Parcel 1 will be torn down. Mr. Potrykus requested that the 30' half street right-of-way be allowed rather than the 80' right-of-way required on the Official Highway Width Map. Chairman DeAngelis explained that it is the County's intention to cul-de-sac Lions Park Drive, therefore it would be unwise to require 80'. Ald. Taube asked if the existing drain tiles on Lot 1 and 2 still go to the lake. The petitioner and Mr. Potrykus were not aware of any drain tiles presently on the property. Ald. Taube questioned whether the petitioner would be receptive to dredging the Bay. The whole problem is getting rid of the dredge material. Mr. Potrykus stated that this would be unreasonable for the Plan Commission to require the dredging as part of the approval. Ald. Taube asked if the existing maintenance easement gives enough room for any equipment needed to fix it. Mr. Ald. Taube made a motion to amend by adding a fourth WHEREAS to Potrykus indicated that this is the easement the City required. read: WHEREAS, An additional maintenance easement might be needed to access the silt trap box lying adjacent to the existing voice vote, the amendment passed unanimously. Upon a roll call stom sewer easement. Commissioner Hulbert seconded. Upon a vote, amended Resolution #P.C. 140-93 passed unanimously. MISCELLANEOUS BUSINESS Discussion with Mr. Pasky regarding his Conditional Use Permit and possible modifications. Director Kirch stated that he had talked with Mr. Pasky and that Mr. Pasky had a previous appointment, but would attend the next meeting. Designate a person for the Capitol Budget Committee Commissioner Honl volunteered for the Capitol Budget Committee. Director Kirch indicated that the Land Division Ordinance and the Blue Chip Economic Development Plan must reviewed and adopted. Director Kirch also indicated the additional items that need to be updated. Some of these items are the Zoning Map, Highway Width Map, Subdividers Handbook, and the Sign Ordinance to name a few. Director Kirch indicated that the Land Division Ordinance could be discussion, it was decided that the meetings will be held the completed in approximately three meetings. After further third Monday of each month starting July 19th from 6:OO p.m. until meeting will be needed to do the Blue Chip Economic Development 1O:OO p.m. Director Kirch also indicated that possibly only one Plan. After further discussion, it was decided that the Plan Commission Agenda will have a consent agenda added to the existing format to handle items and as extraterritorial Certified Survey Maps and 0 seconded. Mr. Potrykus explained that the petitioner wanted 0 simple flat wall sign requests. Pg. 10 Plan Commission Minutes 07/06/93 Commissioner Honl made a motion to adjourn the meeting at 12:20 p.m. and Ald. Taube seconded. Upon a voice vote, the motion to adjourn passed unanimously. Respectfully - submitted, Recording Secretary