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PCM19930803CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON AUGUST 3, 1993 Mayor David DeAngelis called the meeting to order at 7:06 p.m. PRESENT: Chairman David DeAngelis, Darl Honl, Edward Raimann, Jerry Hulbert, Ald. Taube, Mark Damaske, Mrs. Smith, and Director Larry Kirch. ABSENT: None MINUTES: Ald. Taube made a motion to approve the Minutes of the Commissioner Hulbert seconded. Upon a voice vote the motion to July 20, 1993 meeting with the correction of adding Mark Damaske. adopt passed unanimously. OLD BUSINESS: RESOLUTION WP.C.120-93 -- Approval of Request for an building to be used for "GENERAL MERCHANDISING AND WHOLESALE Existing Conditional Use Grant to Allow a 50' x 100' accessory ESTABLISHMENT" and Sales of Used Automobiles located at S83 W20411 Janesville Road by Walter Bohrer, Jr. and Sam Maslar. Deferred from 07/20/93 meeting. Director Kirch indicated that no contact has been made from either Mr. Bohrer, Jr. or Mr. Maslar. Ald. Taube made a motion to table, Commissioner Hulbert seconded. Director Kirch explained that enforcement action will be started. Upon a voice vote, the motion to Table Resolution #P.C. 120-93 passed unanimously. Mayor DeAngelis gave the Chair to Ald. Taube due to a possible conflict of interest. RESOLUTION #P.C.138-93 -- Approval of Building, Site and ODeration Plan for the Muskeao Familv House Restaurant bv Peter Panagos located at S75 W17536 Janesville Road. Deferred-from 07/20/93 meeting. Mr. Mayos, the engineer, explained he has acquired 10 parking spots for his employees from Glen Reiss, O.D. Ald. Taube read the letter from Glen Reiss, O.D. This is the property across the street by Parkland Photo. Ald. Taube is of 10 or 15 years. Mr. Mayos indicated that he is looking for looking for an agreement that runs with the land for time period an agreement that is good forever unless all parties agree to not have it. Mr. Mayos presented a revised site plan showing 4,400 Mr. Mayos indicated that this does meet the existing code of 1 sq. feet is the gross, and the primary floor area is 1,700 sq ft. parking spot per 100 sq ft of primary floor area. Mr. Damaske asked how many more parking spots are available from across the street. Mr. Mayos explained that the entire back lot is the car. Director Kirch stated that there are the same number of available and that each employee would have a parking sticker on parking spots as on this revised plan as on the previous. Mr. Pg. 2 Plan Commission Minutes 08/03/93 Mayos explained that they want to install curb & gutter on Park Drive and use the four parking spots. There would also be a green Commissioner Hulbert questioned how close the first parking spot area then a sidewalk and then the parking spots on Park Drive. usually it is 30 feet from the stop sign to the closest parked on the road was to Janesville Road. Director Kirch stated that and that although they meet the current parking code, sometimes car. Ald. Taube doesn't see any significant change in the parking there is a need to look beyond the current code to the situation that exists. Mr. Panagos stated that he has been in the restaurant business for 28 years and that in his business usually it is a car load of people with 4 to 8 people in the car. At his restaurant in Hubertus, they only use approximately 41 of the parking spaces. Mr. Panagos is not here to argue and he feels Panagos stated that in all of his years in business, he has that he can go somewhere else where he will be appreciated. Mr. never received the treatment he is receiving from the City of Muskego. Commissioner Damaske asked if the petitioner could arrange further parking spots from across the street to bring the total parking with employee parking to 50 spots. Ald. Taube asked if the petitioner could down scale your building to facilitate your seating. Commissioner Honl has no problem with the amount of parking that is there now. Commissioner Hulbert indicated that he is agreeable to the 50 parking spaces including the employee parking. Commissioner Damaske agreed. Commissioner Smith asked if anyone knew the amount of parking at the Williams Supper Club. She felt that it would be reasonable to compare the two restaurants and that 50 parking spaces is ample parking. Ald. Operation plan just because of any existing facilities that Taube doesn't want to approve this revised Building, Site and currently have a parking problem. Commissioner Raimann noted that 50 parking spaces is fine with him. Director Kirch stated that the City Code says 1 space per every 100 sq. feet of primary floor area and that this meets the current City code. The City would probably lose in a court decision over this matter. A resident indicated that she had just called Williams Supper Club and they seat 50 in the dinning room. Commissioner Hulbert made a motion to amend by changing the first BE IT FURTHER RESOLVED, to read BE IT FURTHER RESOLVED, That the petitioner must secure a total of 50 off street parking spots to accommodate employees and customers. Commissioner Damaske seconded. Commissioner Raimann asked whether the Plan Commission should deny something that meets the code. Director Kirch stated that he meets the code, however it would be detrimental to him to not have enough parking. Mr. Kirch the Plan Commission was going to vary from the ordinance. Mr. suggested that the off-street parking requirement be changed if Mayos indicated that they didn't come to argue and they thanked the Plan Commission for reviewing their plans. He also indicated that he would like it noted that they started their plans prior to any changes of the parking ordinance. request no parking on Park Drive. Director Kirch stated that the Mr. Ingersoll, a resident, asked if the Plan Commissioner could Plan Commission could not, however any resident could ask it of Pg. 3 Plan Commission Minutes 08/03/93 dedication of the road right-of-way should be brought up to the the Public Safety Committee. Mr. Ingersoll also asked if the appropriate at this time. 60' instead of the 40'. Mr. Kirch stated that it would be A resident who travels that intersection twice a day indicated that it is a hazardous area now and that the additional parking on Park Drive will make it worse. Upon a roll call vote, the amendment passed unanimously. Director Kirch read the letter from Michael & Linda Schulte to be noted in the minutes. Ald. Taube stated that he had been contacted by the Condominium people with a number of items. These items are as follows: the need for vegetative buffering on the existing berms with evergreen trees, the possible joining and filling in the gap between the existing berms, a 6-8 opaque fence surrounding the properties, all outside lighting will facing down or on the building, and the existing trees between the condominium will remain for an additional buffer. Mr. Mayos indicated that they are agreeable to these items except that they didn't agree to connect the berms, they will regrade and reshape this area. After the evacuation of the building due to a fire alarm, the meeting re-convened. Mr. Panagos & Mr. Mayos had to leave due to prior engagements. The residents asked that their notes from their meeting with Mr. Panagos on Friday, July 30, 1993 be kept in the street address file for this property. Commissioner Honl asked if we could have a straight story. Ald. Taube stated that the only thing in question was the connection of the berm. Mrs. Giefer stated that the Condominium Association had agreed that they can use their property for the screening. Commissioners Hulbert and Raimann agreed that this should be deferred, because the petitioner is not present. Mr. Fred Meyer who lives on Harbor Circle and was at the meeting on Friday with Mr. Panagos. He also agreed that Mr. Panagos agreed to all of these items. Mr. Meyer likes this plan and restaurant for Muskego, however not for this lot. Commissioner Honl made a motion to defer, Commissioner Hulbert seconded. Upon a roll call vote, the motion to defer Resolution #P.C. 138-93 passed unanimously. Mayor DeAngelis resumed the chair from Ald. Taube. RESOLUTION CP.C.145-93 -- Approval of Certified Survey Map for Raymond Inqold One Parcel located in the SE 1/4 of Section Kirch indicated that we have received a revised Certified Survey 9. (Westwood Drive). Deferred from 07/20/93 meeting. Director Map and a copy of the City Engineers comments. Director Kirch the approval by the Common Council. Ald. Taube asked if this explained all of the comments can easily be cleaned up prior to Pg. 4 Plan Commission Minutes 08/03/93 would be the appropriate time to require a sidewalk to be added on Janesville Road. Chairman DeAngelis does not feel this is the appropriate time with this property, because the land division is not on Janesville Road. Mr. Ingold asked what the procedure was for putting the sidewalk in. Chairman DeAngelis indicated that it is the owners responsibility and cost. Upon a roll call vote, Resolution #P.C.145-93 passed unanimously. CONSENT AGENDA: 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. (Removed from agenda of 07/06/93) Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 137-93 passed unanimously. RESOLUTION IP.C.137-93 -- Approval of Extraterritorial NEW BUSINESS : RESOLUTION IP.C.152-93 -- Approval of Annual Renewal of Conditional Use Grant for Payne & Dolan for the Extraction of Sand and Gravel and Renewal of Continued Operation of Asphalt Plant Located at W217 S8425 Crowbar Road. Commissioner Hulbert made a motion to adopt, Commissioner Raimann seconded. Director Kirch DeAngelis explained that there are not any new amendments or explained there is not a bond on the asphalt plant. Chairman changes to this plan. Upon a roll call vote, the motion to adopt Resolution #P.C. 152-93 passed unanimously. Resolution IP.C.154-93 -- Approval of Revised Extraterritorial Preliminary Plat for Le May's Long Lake Acres located in NE 1/4 of Section 7, Town of Norway. Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Upon a roll call vote, Resolution #P.C. 154-93 passed 6-1 with Ald. Taube voting nay. RESOLUTION IP.C.155-93 -- Recommendation of Approval of Rezoning from RSM (Tax Key #2198-998) and RSA (Tax Key #2198,985) to 8-4 in the NW 114 of Section 10 for Lynn Kurer & Wayne Bushberger and Jean & Mathilde Fethiere. (Janesville Road and Bay Lane) Commissioner Honl made a motion to adopt, Commissioner Damaske seconded. Director Kirch explained he request. Mr. Potrykus explained the Mr. & Mrs. Horman have an accepted offer on this property with the thought of a commercial location for his business and other highway type businesses along Janesville Road and multi-family in the rear. He will also own the apartments he is proposing behind it. Commissioner Hulbert explained that with the 8-4 zoning being added, the amount of multi-family should previous agreement was 24 units on the whole property and that be reduced. Ald. Taube would rather see the whole property as B-4. Chairman DeAngelis asked for the reasoning. Ald. Taube Ald. Taube is worried about traffic flow and patterns. explained that there are too many jumps in usage and density. Commissioner Hulbert stated that by right the petitioner can do Pg. 5 Plan Commission Minutes 08/03/93 the 24 units, but that he would prefer business in the front with less multi-family in the rear. Commissioner Smith stated that business in front would be consistent. She wouldn't want to see with Commissioner Smith. Commissioners Hulbert, Honl, Smith all two 12 family units with the business. Commissioner Honl agreed agreed that this is prime area for business. Mr. Potrykus asked if the Plan Commission would be receptive to 20 units instead of the 24 units with the business zoning along Janesville Road. After the computations, Ald. Taube indicated they could have 18.72 where the 12 family is and then the 12 family to the west. Mr. units for the multi-family. Ald. Taube would rather see business Potrykus feels the logical solution would be to continue with what is currently there. Ald. Taube is concerned that when Bay Lane is extended we could have all of the multi family enter on to the extension. Ald. Taube would like the rest of the property to go back to the RSA. Chairman DeAngelis explained that is not what the petitioner is requesting unless the petitioner would down petition to rezone it. Commissioner Hulbert made a motion amend scale the request. Director Kirch indicated that the City can by adding a BE IT FURTHER RESOLVED, That the property should be zoned B-4 with 18 units allowed under the RSM Zoning District. Commissioner Smith seconded. Ald. Taube wants the balance to go back to RSA. Commissioner Hulbert disagrees with Ald. Taube and feels that this is a better plan. Upon a roll call vote, the amendment passed 6-1 with Ald. Taube voting nay. Upon a roll call vote, amended Resolution #P.C.155-93 passed 6-1 with Ald. Taube voting nay. e RESOLUTION #P.C.156-93 -- Approval of 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) Commissioner Hulbert made a motion to adopt, Commissioner Smith seconded. Chairman wanted the 10 feet to the first bend in the easement. Ald. Taube DeAngelis explained that the Public Works Superintendent only asked if the drain tile could be eliminated, so it would not further pollute the lake. Mr. Potrykus indicated that if it could be located and if the elevation is high enough it would be rerouted to the storm sewer. Chairman DeAngelis doesn't feel it drain tile in doing that, we may flood out other properties. Ald. is the Plan Commission authority to require the rerouting of this Taube is not comfortable with allowing this to continue pollution of the lake. Chairman DeAngelis asked Ald. Taube not to raise his voice. Mr. Yunker is willing to go to the Public Works Committee, however all he is wanting to do is divide the land. Chairman DeAngelis doesn't want this body making specific recommendations that are not this bodies ability. Commissioner Hulbert made a motion to amend by adding a BE IT FURTHER RESOLVED, That the existing drain tile be either rerouted and/or the water be pretreated prior to entering into the lake. Mr. Potrykus indicated that you can't accomplish this if the elevation without this being corrected. He wants the drain tile out of is not there. Ald. Taube doesn't wish to see this get approved there. Chairman DeAngelis indicated that a Subdivider's Agreement 0, or a Letter of Credit or a Public Improvement Bond could be Pg. 6 Plan Commission Minutes 08/03/93 secured for this CSM. Director Kirch indicated that a note could be placed on the CSM stating that prior to the building permit @ being issued the drain tile issue being resolved by the Public Works Committee. Commissioner Hulbert also added the condition of the note. The amendment now reads BE IT FURTHER RESOLVED, That no Building Permit shall be issued for these lots prior to the Public Works Committee resolving the issue of the suggested drain tile and the treatment of the water from the suggested drain tile prior to entering the lake. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Ald. Taube asked if the configuration changed. Mr. Potrykus indicated that it has not changed. Director Kirch indicated that all City Engineer corrections have been made. Upon a roll call vote, amended Resolution #P.C. 156-93 passed 6-1 with Ald. Taube voting nay. RESOLUTION #P.C. 157-93 -- Re-Approval of Certified Survey MaD of Three Parcels bv MetroDolitan Enaineerina for David C. Ludwig & Judith M. Strampe in-the SW l/i of Section 11. (Mystic Drive and Woods Road) Commissioner Honl made a motion to adopt, Commissioner Damaske seconded. Director Kirch handed out a revised copy that has all of the Public Works Committee comments addressed on it. Commissioner Hulbert asked if we request that parcel 1 ti 2 exit only onto Mystic Drive. Mr. Potrykus didn't feel this would be a problem. Mr. Eberhardt indicated that there would be a vision corner on Parcel 1. Commissioner Hulbert made a motion to to amend in the THEREFORE BE IT RESOLVED, to read .... realignment of Mystic Drive, and that Parcel 1 have access only off of Mystic Drive. Commissioner Honl seconded. Upon a voice vote, the amendment passed unanimously. MISCELLANEOUS BUSINESS Discussion with A1 Biewer regarding previous verbiage of a Resolution. (Resolution P.C. #86-92) Mr. Biewer indicated that previously the Plan Commission approved a resolution indicating that when the dam failure shadow was removed his property could be used as a duplex. He is now asking that this be stated clearly in the Resolution, so that commission will be receptive to a new resolution to consider Mr. there will not be any question about it in the future. The will not be necessary. Biewers request at the next Plan Commission and a Public Hearing Dart Distributors The Architect for Dart Distributors was present to show the with landscaping to separate this property from the property to Plan Commission what they would like to amend. They want a berm the east. The removal of the windows on what look like the second highlight the entry. The building size hasn't changed. floor. The split face flock, 8x8 score of blue, then red block to Difference is in the color scheme. Chairman DeAngelis explained that it is up to the Plan Commission whether to require them to Pg. 7 Plan Commission Minutes 08/03/93 come back. Commissioners Damaske, Hulbert, Honl, Raimann, and Smith didn't have a problem with these changes and didn't feel it needed to come back to the Plan Commission. Ald. Taube abstaining. Discussion with Parthanon Gyros Express regarding signage. No one present to discuss it. Director Kirch indicated that he had stopped at this facility and sent a letter. Director Kirch indicated that this building is in violation of its Building, Site and Operation Plan. Chairman DeAngelis is hesitant to allow them to proceed until they come back and amend. Ald. Taube indicated that the dumpsters have been moved from the original Building, Site and Operation Plan. The Plan Commission asked that a registered letter be sent and if the petitioner is not present at the next meeting citations will be issued. RESOLUTION #P.C.153-93 -- Recommendation of the Planning Commission of a Revised Fee Schedule for the Planning Department. Commissioner Smith made a motion to adopt, Commissioner Honl seconded. Director Kirch indicated that at the previously meeting explained the chart. Chairman DeAngelis and Commissioner Hulbert this was handed out under miscellaneous business. He further asked if Director Kirch has specific recommendations and are concerned that the Tax Payers are subsidizing. Director Kirch Director Kirch to come back with a recommendation at the next Plan indicated he could due an average. The Commissioners would like been in effect. Commissioner Smith made a motion to defer, Commission. Commissioner Smith asked how long these fees have Commissioner Honl seconded. upon a voice vote, the motion to defer passed unanimously. RESOLUTION IP.C.151-93 -- Approval of Amendment to the Comprehensive Land Use Plan, Map 8 "Recommended Improvements For Year 2010 City of Muskego Arterial Street and Highway System Plan". Deferred from 07/20/93 meeting. Director Kirch indicated that this map has all the corrections requested at the last Plan Commission. Director Kirch indicated that Mrs. Wutknowski called today and he is concerned with a possible connection between Old Loomis and Hiiy 45. Mr. Eberhardt indicated that due Chairman DeAngelis is concerned with how much density would be to the land fill and Emerald Park there wouldn't be room. left of the residents property. Commissioner Hulbert questioned if there were any further problems with the possible alteration of Durham Drive. Ald. Taube was concerned with the curve on the extension of Bay Lane. Chairman DeAngelis asked if the extension of Woods Road or Hillendale Drive would be affected by Wetlands or Shoreland Wetlands. Chairman DeAngelis asked if this amendment it is however, a Public Hearing must be held to the reference to is strictly a Plan Commission item. Director Kirch indicated that the map in Chapter 17. Director Kirch indicated that we need to adopt this as part of the Comprehensive Plan. Director Kirch indicated that we have to pay Ruekert & Mielke to update this map. Chairman DeAngelis wants to see it on a map. The name of Pg. 8 Plan Commission Minutes 08/03/93 Commissioner Honl motion to defer, Commissioner Damaske seconded. this map would be the Street Highway System Plan 2010. The Commissioners requested that this not be placed on the agenda until the new map is in hand. Upon a voice vote, the motion to defer Resolution #P.C. 153-93 passed unanimously. MISCELLANEOUS BUSINESS Commissioners to attend meeting on August 9, 1993 to tour the Director Kirch gave information and an invitation to the Plan parks. Director Kirch explained to the Plan Commissioners that the City Engineers are asking to be paid for their time at the meeting. Director Kirch would like a recommendation from the Plan Commissioners whether they want this to continue or not. After further discussion, it was agreed that it is beneficial to have the City Engineer's present and the agenda could be reconstructed to have all of the City Engineer's business in the beginning of the meeting. Chairman DeAngelis was unsure if the City Engineer's input was necessary on the Certified Survey Maps, since he already submits a list of comments. All commissioners agreed that it was on as needed at the beginning of the meeting. Director Kirch asked if the Plan Commissioners wanted the Planning Department to send out an agenda to the individuals on the agenda. After further discussion, it was decided that if the will be mailed. individual provides a self addressed stamped envelop, an agenda ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 10:45 p.m. Ald. Taube seconded. Upon a voice vote, the motion to adjourn passed unanimously. Re-spectfully submitted, Collette Cdkt@Il"r%* M. Klenz Recording Secretary /