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PCM19930817CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON AUGUST 17, 1993 Mayor David DeAngelis called the meeting to order at 7:OO p.m. PRESENT: Chairman David DeAngelis, Darl Honl, Edward Raimann, Ald. Taube, Mark Damaske, Mrs. Smith, and Director Larry Kirch. ABSENT: Jerry Hulbert (excused) MINUTES: Commissioner Raimann made a motion to approve the Minutes of the August 3, 1993 Meeting. Commissioner Damaske seconded. Upon a voice vote the motion to adopt passed unanimously. Mayor DeAngelis gave the Chair to Ald. Taube due to a possible conflict of interest. OLD BUSINESS: Operation Plan for the Muskego Family House Restaurant by Peter RESOLUTION XP.C.138-93 -- Approval of Building, Site and Panagos located at S75 W17536 Janesville Road. Deferred from additional parking from Dr. Reiss indicating that he is willing 08/03/93 meeting. Mr. Panagos presented a letter of intent for to lease 10 parking spaces for 5 years. Chairman Taube was concerned with the short length of time of the lease agreement. Mr. Panagos indicated this is the length of time the lease agreement is for. He also indicated that they have a verbal agreement for additional parking after 5:OO p.m. in the front of the building. Mr. Panagos stated that the 10 parking spaces on the south side will be asphalted by himself. Commissioner Honl is perfectly satisfied with parking. Commissioner Raimann indicated within reason. Mr. Panagos feels that with the 45 spaces that that the 50 parking spaces and a lease agreement of 10 years is we should go ahead with this project prior to winter setting in. Commissioner Honl asked Director Kirch if this is in compliance. Director Kirch indicated that the petitioner meets the current parking code, and that the City Attorney advised him that the code Commission can not deny this Building, Site and Operation Plan due is in black and white and if it meets the code, the Plan to the parking. They can deny it, if there is any other agreed at the last meeting that at least 50 parking spaces were justifiable reason. Commissioner Damaske feels that it was needed. Mr. Panagos doesn't feel that 5 parking spots short of 50 is a reason to deny this. Chairman Taube asked if the parking issue. Mr. Panagos indicated that he wouldn't down petitioner would down scale his building to accommodate the scale his building. Mr. Panagos is just trying to create a nice building not a cheap building, conforming with all the laws and done the right way. Mr. Ingersoll, present in the audience, recommends that the Plan Commission members visit the proposed Pg. 2 Plan Commission Minutes 08/17/93 parking site. He was also concerned that the school located what will happen when this restaurant is built. Would we be across Park Drive currently doesn't have sufficient parking and adding a burden to the school? Mr. Schulte, a resident, indicated that he has a problem with anything verbal. He would problem with the proposed parking across the street. Mr. like to see it written. He also feels that there is a safety Giefer stated that when they developed the Bay Breeze Development Schulte indicated that the petitioner needs a bigger lot. Mrs. Kirch indicated that the building would not be in the 40' that they had a 60' dedication of road right-of-way. Director dedicated right-of-way. There was concern with why the Plan Commission would allow this on a nonconforming lot. Director Kirch informed the residents that the proposed use is a conforming use, the lot size is Kirch indicated that the 8-4 Zoning allows a restaurant with an nonconforming to the 8-4 Zoning Ordinance Requirements. Director approved Building, Site and Operation Plan, even on a non-conforming lot. make a compromise or just to have this denied. Commissioner Damaske asked residents if they were looking to A resident of Bay Breeze indicated that the lot size, building size, and the parking issue are a tremendous reason not to allow this restaurant to be built. He further stated that there should not be any restaurant at this location. Mr. Schulte indicated that this is the time to correct the zoning. Director Kirch indicated that the City can rezone any property without the owners agreement. Helen Meyer, resident in Bay Breeze, is not against commercial use of this property. Such as a dentist office, an insurance office, or a real estate office, however she feels there will only add further congestion. Judy Steiner, resident of Bay is currently traffic congestion and development of this property Breeze, asked if a house could be built on this property. Director Kirch indicated that it could not, because it is currently Business Zoned. Commissioner Honl questioned why the petitioner was willing to spend all of the time, effort and money on this project when he is encountering so much strife. Mr. Panagos indicated that he likes this corner and he is willing to risk loosing customers due to the parking situation. Mr. Mr. Walt Porter, a Bay Breeze resident, asked if there has been Schulte asked where the petitioner is going to place his snow. was given to the safety of those individuals crossing the street any consideration of handicapped spots and if any consideration to go to the restaurant. There are 2 handicapped parking places on the site plan. Mrs. Giefer is not opposed to a smaller restaurant at this location, however she is concerned as a parent of her daughter's safety when she goes to school across the street. Walt Porter questions the safety of crossing the street to get to the restaurant. Mr. Ingersoll asked Commissioner Damaske what is an ideal number for parking spots and indicated that the Plan Commission should look at the real world and deal in Pg. 3 Plan Commission Minutes 08/17/93 be two people seated at a table for four and four people at a realty. Commissioner Damaske indicated that more often it will parking amount and that there will not be a large number of table for six. He feels that 50 parking spaces are a realistic employees crossing the street at the peak time of traffic because they will be already at work. Mr. Jack Racaquital, a resident, feels that this restaurant will not logically work at this location. Commissioner Raimann stated that he is in compliance although he offered 50 parking spaces, he is in compliance with the current code. Chairman Taube feels at this point that a deferral is in order to allow the petitioner further time to acquire further parking spaces. He would like to further clarify any other questions regarding this item. Chairman Taube would like an amendment that would discuss the directional lighting, a fence to prevent the car light from bleeding out, maintaining the existing trees on the property line as a noise and visual buffer, and filling the berm between the two properties. Commissioner Honl made a motion to amend to add a second THEREFORE BE IT RESOLVED to read as follows: THEREFORE BE IT RESOLVED, That Plan Commission approve the revised Building, Site and Operation Plan subject to the following: 1. All exterior lighting be directional lighting directed down or at the building with no light pollution to disturb the existing residences. west side of the property to screen the lights of any traffic entering or exiting the restaurant. 3. The existing berms at the ridge on the Bay Breeze Development Property be joined as one continuous berm with sod planted on the berm. 4. That 3" caliper (12" from the ball) coniferous trees be planted in a triangle pattern with 15' spacing on the top of the berm coordinating with the existing plantings to allow sight protection from the restaurant. And to further amend by adding to the second BE IT THEREFORE snow removal service must be used. RESOLVED, to read ..... adjacent to Park Drive and Janesville Road. Commissioner Smith seconded. Upon a roll call vote, the amendment passed unanimously. Commissioner Honl called for the question. Commissioner Smith asked if someone else asked for a deferral. Chairman Taube indicated that he had previously suggested a deferral. Upon a roll call vote, the call for the question passed 3-2 with Chairman Taube and Commissioner Smith voting nay. Upon a roll call vote, amended Resolution #P.C. 138-93 passed 3-2 with Chairman Taube and Commissioner Smith voting nay. Chairman Taube made a motion to take a break at 8:40 p.m. Mayor DeAngelis regained the Chair from Ald. Taube. 2. That a 6' stockade fence be placed around the north and 5. That no snow may be stored on the premises, therefore a I Pg. 4 Plan Commission Minutes 08/17/93 at 8:50 p.m. CONSENT AGENDA: Plat for Le May's Long Lake Acres located in NE 1/4 of Section Resolution #P.C.158-93 -- Approval of Exterritorial Final I, Town of Norway. Commissioner Honl made a motion to adopt, Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 158-93 passed unanimously. NEW BUSINESS: Resolution iP.C.159-93 -- Approval of Request for a Conditional Use Grant to Allow the Multi-family Use of an Existing Dwelling within an RS-3/0LS Zoning District for Frederick G. Meyer & Jay Strande at W183 S6570 Jewel Crest Drive. Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Director Kirch discussed a possible amendment in the second and fifth WHEREAS,s. Commissioner Honl made a motion to amend by changing the second WHEREAS to read: .... Section 17:8.01(7)C.ll and to amend the fifth WHEREAS to read: ...p roperty which is granted an automatic Conditional Use Status.... and in the same WHEREAS to read: .... status in order to officially record the property .... Commissioner Smith seconded. Ald. Taube again stated that he always remembered that this was a mother-in-law unit and doesn't like to see multiple family zoning in a suburban 0 this was a mother-in-law unit and would not be a duplex. Chairman residence neighborhood. Jerry Lee previously told Ald. Taube that DeAngelis explained that there is nothing in the file to indicate that this property was previously a mother-in-law unit. Commissioner Honl asked if the sewer recs and the taxes were charged as a duplex. Chairman DeAngelis indicated that this property has paid for the duplex and the sewer recs have been photos of the property in the question. After further for a duplex. Mr. Strande presented the Plan Commission with conversation, Ald. Taube realized he was not talking about the down from this property there is a duplex that was rezoned to same piece of property. Director Kirch indicated that 3 doors allow it. Upon a roll call vote, the amendment passed 5-1 with Ald. Taube voting nay. Upon roll call vote, the amended Resolution #P.C. 159-93 passed 5-1 with Ald. Taube voting nay. Resolution #P.C.160-93 -- Approval to Amend Resolution #P.C. 86-92 for Allan Biewer "Disapproval of Request for a Conditional Use Grant to allow the Multi-family Use of an Existing Structure converting the Business Portion at W180 S7795 Pioneer Drive into a Damaske seconded. Mr. Biewer indicated that he is concerned Duplex". Ald. Taube made a motion to adopt, Commissioner that as the Plan Commission Members change there will not be any one to remember that it was generally approved to be a duplex. Commissioner Smith asked if it will be done when the dam failure regarding the requirements and stated that it will be easily 0 flood is removed. Mr. Biewer has talked with Mr. Dykstra Pg. 5 Plan Commission Minutes 08/17/93 converted and will meet the necessary requirements. Upon a roll call vote, Resolution #P.C. 160-93 passed unanimously. Structure for Robert PiDkin located at 573 W14454 Woods Road Resolution IP.C.161-93 -- Approval of Second Garage Commissioner Raimann mahe a motion to adopt, Commissioner Honl seconded. Mrs. Pipkin was present and didn't have any further information to add. Upon a roll call vote, Resolution #P.C. 161-93 passed unanimously. ! Resolution IP.C.162-93 -- Approval of Sketch for Certified Survey Map for One (1) Lot for Brian & Heidi Martin located in the Commissioner Honl made a motion to adopt, Commissioner Smith SE 1/4 of Section 19. (Hillendale Drive and Henneberry Drive) seconded. Director Kirch explained the request and the EA Zoning District requirements. Mr. Martin explained that Mr. King owns land on both sides of the road. Upon a roll call vote, Resolution #P.C. 162-93 passed unanimously. Resolution dP.C.163-93 -- Approval of Second Garage Structure for Dennis Wolken located at W170 S6771 Timber Court. Ald. Taube made a motion to adopt, Commissioner Damaske seconded. Upon a roll call vote, passed unanimously. Resolution IP.C.164-93 -- Approval of Sketch for a Preliminarv Plat for Six 16) Lots bv MetrODOlitan Enaineerinq for the Belsha-Property located'in the NE 1/4 of Section-11. (Hidden Creek Court E, Durham Drive) Commissioner Smith made a motion to adopt, Commissioner Honl seconded. Chairman DeAngelis asked if Lot 1 meets the requirements. Director Kirch indicated that it is up to the Plan Commission to decide which of the two all of the buildings were shown on this sketch, but he is sure zonings will be used for Lot 1. Director Kirch was unsure if that they will be on the preliminary plat. Mr. Potrykus indicated that all buildings will be shown at the preliminary plat stage. Ald. Taube felt that in the third WHEREAS the following language should be removed: ... of the tolerance.... Mr. Potrykus Certified Survey Map for the first 4 lots, so that it can be done indicated that it is possible that this division may be done as prior to the final lift of asphalt on Hidden Creek Court in the Settler's Creek Subdivision. Director Kirch indicated that it would be a shame to tear down the small grainery building, it is probably a historical building. Mr. Belsha is concerned whether he can keep the out buildings until he divides the last three lots. Director Kirch indicated that for the Smukowksi property they did make the allowance that the barn could stay for 5 years and have the Plan Commission review after 5 years. Commissioner Honl is agreeable to doing something similar to that for Mr. Belsha. Commissioner Honl made a motion to amend, in the the third WHEREAS to read: ... size is within 10% of the RS-2 zoning ... and to further amend in the THEREFORE BE IT RESOLVED to read: ... to a Preliminary Plat or Certified Survey Map being - (1) submitted creating a land division for six lots or three lots in \: the ...... Commissioner Damaske seconded. Upon a voice vote, Pg. 6 Plan Commission Minutes 08/17/93 the amendment passed unanimously. Upon a roll call vote, amended I Resolution #P.C. 164-93 passed unanimously. Resolution XP.C.165-93 -- Approval of Sketch for a Certified Survey Map for One (1) Parcel for the May Property located in the motion adopt, Commissioner Raimann seconded. Director Kirch SE 1/4 of Section 13. (Durham Drive) Commissioner Smith made a indicated that this is a sketch that meets all of the requirements. The outbuildings are only 2 feet shy of meeting the 1% requirements and the Plan Commission has the authority to grant them the allowance. Upon a roll call vote, Resolution #P.C. 165-93 passed unanimously. One (1) Parcel for the May Property located in the SE 1/4 of Section 13. (Durham Drive) Commissioner Honl made a motion to adopt, Commissioner Raimann seconded. Ald. Taube made a motion to amend the first WHEREAS to read: .... of Section 13, and a revised Certified Survey Map was eubmitted on August 17, 1993, and also amend the third WHEREAS to read: WHEREAS, The Revised Certified ... and to also remove the word not from the third and fourth WHEREAS, and to also amend the fourth WHEREAS to read .... outbuildings and the Revised Certified Survey Map., and amend THEREFORE BE IT RESOLVED to read: .... subject to Durham Road being changed to Durham Drive on the face of the Certified Survey Map, approval of the City Engineer .... Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. unanimously. Resolution #P.C.166-93 -- Approval of Certified Survey Map Upon a roll call vote, amended Resolution #P.C. 166-93 passed Resolution XP.C.167-93 -- Approval of Amended Building, Site and Operation Plan by Lang Construction for the Country Squire located at 572 W16373 Janesville Road. Commissioner Honl made a motion to adopt, Ald. Taube seconded. Mr. Lang explained that this garage will be as close in color scheme as possible to match the existing building. Chairman DeAngelis asked the petitioner how he feels about getting a Conditional Use Grant for this property. The petitioner feels that he would be willing to do a Conditional Use Grant. Ald. Taube asked if this resolution does create a paper trail for this property in order to recognize this as it is. Commissioner Honl made a motion to amend to add: BE IT FURTHER RESOLVED, That a Conditional Use Grant be recorded within 30 days and that a public hearing is not necessary. Commissioner Raimann seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 167-93 passed unanimously. MISCELLANEOUS BUSINESS Mr. Jifas was present to discuss his situation. He agreed to come back to the Planning Commissioner within 30 days with a revised dumpster location, the revised number of parking spaces, the Parthanon Gyros Express Building, Site and Operation Plan. The revision will include his Pg. 7 Plan Commission Minutes 08/17/93 removal of a drive through, addition of the grease receptacle, revised schedule of hours, and the revised sign. Mr. Jifas explained that it will take him 30 days because he is no longer Mr. Jifas should be allowed 30 days to submit a revised Building, using Mr. Mayos as his engineer. Director Kirch indicated that Site and Operation Plan since he will be obtaining a new engineer. RESOLUTION #P.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 08/03/93 meeting. Director Kirch indicated Ruekert & Mielke prepared a preliminary drawing. He also indicated that this was done off of satellite photos. The new map will be drawn on a computer. Director Kirch further stated that the Planning Department has put in its 1994 Budget for a CAD system, so that all maps or cadastrals will be done off of computers and not free hand. This preliminary drawing has most of the changes, however it needs to be cleaned up by Ruekert h Mielke prior to approval. Director Kirch suggested deferral and over next Thursday, August 26, 1993. Commissioner Honl made a indicated that the Public Works Committee will be looking this motion to defer, Commissioner Raimann seconded. Upon a voice vote, the motion to defer Resolution #P.C. 158-93 passed unanimously. Commissioner Honl asked he could have a map with the subdivisions added. Director Kirch indicated that he could provide an updated street map for the Plan Commissioners. RESOLUTION #P.C.153-93 -- Recommendation of the Planning Commission of a Revised Fee Schedule for the Planning Department. Director Kirch explained the memo. Director Kirch then explained the estimated review costs. After further discussion, Commissioner Honl made a motion to amend the resolution as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 11. 10. 12. APPLICATION TYPE PEE AMOUNT Conditional Use Grant Rezoning P.U.D. Floodplain Rezoning Certified Survey Map Preliminary Plat Final Plat Extraterritorial Preliminary Extraterritorial Final Plat Farmland Certification Fee Fee in lieu of Park Sign Review Fee 125.00 150.00 250.00 200.00 50.00 h $5.00 per lot 125.00 h $5.00 per lot 75.00 h $5.00 per lot Plat 125.00 h $5.00 per lot 75.00 k $5.00 per lot 600.00 10.00 -0- Pg. 8 Plan Commission Minutes 08/17/93 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Sketch Review Fee CSM Sketch Review Fee Preliminary Plat Sketch Review Fee Preliminary Plat (10 or less lots) Site Plan Review Fee (1st submittal (10 or more lots) Site Plan Review Fee (amendments) Legal Lot Status Second Garage Structure Preliminary Plat Reapplication Preliminary Plat Reapplication (substantial changes) Final Plat Reapplication (non-substantial changes) Final Plat Reapplication (substantial changes) Extractive Permit (non-substantial changes) Asphalt Plant Truck Parking 10.00 25.00 50.00 1 25.00 10.00 25.00 50.00 25.00 5.00 25.00 5.00 300.00 300.00 35.00 Ald. Taube seconded. Upon a roll call vote, the amendment passed unanimously. Director Kirch went through and explained each how each revision compared with other Cities. Upon a roll call vote, amended Resolution #P.C. 153-93 passed unanimously. MISCELLANEOUS BUSINESS Chairman DeAngelis indicated that Mr. Bohrer had appeared in front of Director Kirch and himself. He will be attending on September 21, 1993 meeting. Director Kirch explained what has happening with Mr. Pasky's Works to receive information from Mr. Dykstra. problem with the neighbor's property. It was deferred at Public Director Kirch explained that the Subdivider's Procedural Guide was handed out this evening. He further explained what exactly the Subdivider's Procedural Guide is. The City Engineer's are going to update the engineering portion. Director Kirch indicated that the Population handout is for your information. Chairman DeAngelis indicated that this is the last Plan Commission Meeting for Director Kirch, because he is leaving to go to the City of Lacrosse. Director Kirch explained the individual zoning cadestrals of the City of Muskego. He further explained the necessary process to clean up these individual zoning's which are in question. Pg. 9 Plan Commission Minutes 08/17/93 It was decided after further discussion, that Resolution #P.C. 138-93 should be placed on the September 7, 1993 for possible reconsideration. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 11:45 p.m. Commissioner Raimann seconded. Upon a voice vote, the motion to adjourn passed unanimously. Recording Secretary