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PCM19930921CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON SEPTEMBER 21, 1993 Mayor David DeAngelis called the meeting to order at 7:06 p.m. PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners Smith, Honl, Raimann, Hulbert, and Director Chuck Dykstra. ABSENT: Commissioner Damaske MINUTES: Commissioner Honl made a motion to approve the Minutes of the September 7, 1993 Meeting. Commissioner Hulbert seconded. Upon a voice vote the motion to adopt passed unanimously. OLD BUSINESS: RESOLUTION #P.C.171-93 -- Possible Reconsideration of Approval of Preliminary Plat of Kimberly Estates by Metropolitan Engineering located in the NE 1/4 of Section 18. (Hillendale Drive) Chairman DeAngelis explained why the Common Council referred this item back to the Plan Commission. Ald. Taube made a motion to bring Resolution #P.C. 171-93 back on the floor, Commissioner Hulbert seconded. Chairman DeAngelis explained that in his conversation with Waukesha County Park & Planning that it was explained that the County does not want ownership of the access. The County does not have a problem with it being a public access except that they are against it being a hard surfaced path because it would be used by motorized vehicles. Commissioner Hulbert stated that a previous Park Board meeting it was noted Chairman DeAngelis asked if it is still the Park Board's intention that the Park Board would want a hard surfaced public access. that it be a hard surfaced public access. Commissioner Hulbert stated that the Park Board would still like this area to be a hard would require posts or gates to prohibit motorized vehicles from surfaced public access. Chairman DeAngelis stated that the County entering the park on the hard surfaced public access. Ald. Taube made a motion to amend by changing the language in the BE IT FURTHER RESOLVED, to read....a hard surfaced public access with posts installed near the access to the County Park. instead of what it previously read. Commissioner Honl seconded. Commissioner Hulbert also noted that none of the other paths are gated and that police vehicles sometimes travel these paths. the access being hard surfaced and public. He further stated that Mr. Potrykus, representing the petitioner, strongly objects to in the beginning his client had asked for a rezoning to RS-2 as are the surrounding areas and that the Plan Commission was against it. Mr. Potrykus indicated that these will be larger lots with nicer homes than the surrounding areas and that he is against making the private access a public one. In a short time, the area access will cause to the residents living here. Mr. Potrykus felt residents will be complaining regarding the traffic a public that the public access will cause congestion for parking. Others Pg. 2 Plan Commission Minutes 09/#/93 will come to this area to park instead of paying the fee to enter the park. Chairman DeAngelis indicated that the County informed him that at only two parks have they had the problems Mr. Potrykus winter with the cross country skiers. Chairman DeAngelis further is talking about. One is at Minooka Park and is only during the stated that the County wasn't concerned that there would be a problem. Commissioner Raimann asked for Mr. Potrykus to explain exactly what he is opposing. Mr. Potrykus indicated that they are primarily concerned with this being a public access point. Commissioner Hulbert was concerned that if this isn't a public Meadows Subdivision. Mr. Potrykus stated that if the other lands access it could be removed as what happened in the Guernsey provide access to the park. Commissioner Hulbert also agreed that are developed then it would be that developer's responsibility to it is conceivable. Upon a roll call vote, the amendment passed 4-2 with Chairman DeAngelis and Commissioner Raimann voting nay. with Chairman DeAngelis and Commissioner Raimann voting nay. Upon a roll call vote, amended Resolution #p.C. 171-93 passed 4-2 CONSENT AGENDA: RESOLUTION #P.C.179-93 -- Approval of Extraterritorial Certified Survey Map for Betty Rafailovich located in the NW 1/4 of Section 18, Town-of Norway: Commissioner Honl made a motion adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 179-93 passed unanimously. Certified Survev MaD for Me1 Wendt Realtv located in the SE 1/4 RESOLUTION XP.C.180-93 -- Approval of Extraterritorial of Section 2, Town bf Waterford. Commissioner Honl made a motion adopt, Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 179-93 passed unanimously. NEW BUSINESS: RESOLUTION #P.C.181-93 -- Approval of Request for a Conditional Use Grant to allow the Operation of New Generation Learning Center Inc. (Day Care Facility) for Atonement Lutheran Church located at S68 W14891 Janesville Road. Commissioner Hulbert made a motion to adopt, Commissioner Raimann seconded. Commissioner Hulbert asked how the petitioners felt with a tavern located next door. Pastor Gugal indicated that there hasn't been a problem with any of the other activities.He also indicated that this facility and its outside play area are to the west of the Atonement Lutheran Church. Director Dykstra indicated that his department will be inspecting this on Wednesday. Director will be looking into this and further suggested a possible Dykstra also noted that Phil Dibb from Tess Corners Fire Dept. codes being addressed. Ald. Taube asked Director Dykstra if the amendment approving this subject to all Building and Fire Dept. decision on this matter should be delayed until the Building necessary. Director Dykstra further explained the questions Inspection has taken place. Director Dykstra did not feel it was regarding the possible requirement of a sprinkler system. 31 Pg. 3 Plan Commission Minutes 09/83/93 variances required from the Board of Appeals. Ald. Taube is very Chairman DeAngelis indicated the need to amend this subject to any concerned with this commercial use in a noncommercial facility. He is further concerned with the possible traffic problems this facility may incur on Janesville Road and Durham Drive. Mrs. Bishop stated that they had looked at Lincoln Point Center as a possible location, but that they felt having a natural environment with grass and trees is better for the children rather than a cement environment. She further explained that there is a different shifts parents work. The amount of traffic gradually constant flow of traffic all day long, because of the many declines in the evening. There is only approximately 10% of the children being dropped off or picked up during the peak hours. Ald. Taube is concerned that the County allowed the access on Janesville Road, because it was mainly used on Sundays and wonders there was going to be any signage. Mrs. Bishop indicated that if the County would be concerned. Commissioner Hulbert asked if DeAngelis explained that even a temporary banner would need Plan there would be, however it is not ready to be submitted. Chairman Commission Approval prior to be installed. Ald. Taube made a motion to amend by adding the following to the THEREFORE BE IT RESOLVED, to read: :...Atonement Lutheran Church at S68 W14891 Janesville Road subject to the submittal and approval of any being granted, and that all Building Dept. and Fire Dept. Codes signage plans, any variances required by the Board of Appeals being addressed. Commissioner Hulbert seconded. Chairman Conditional Use Grant must be recorded within 30 days of approvals DeAngelis proposed it be further amended by stating that the his amendment. Commissioner Hulbert seconded. The amendment as from both agencies. Ald. Taube agreed to add that proposal to W14891 Janesville Road subject to the submittal and approval of proposed is as follows: .... Atonement Lutheran Church at 568 any signage plans, any variances required by the Board of Appeals being granted, all Building Dept. and Fire Dept. Codes being addressed, and the Conditional Use Grant must be recorded within 30 days of approval from both agencies. Upon a roll call vote, the amendment passed 5-1 with Ald. Taube voting nay. Upon a roll call vote, amended Resolution #P.C. 181-93 passed 5-1 with Ald. Taube voting nay. on the Proposed Amendment to Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance for the Property area of Brookside Drive. Commissioner Smith made a motion to adopt, Commissioner Raimann seconded. Chairman DeAngelis explained that this area is a map correction to the SEWRPC maps from 1981 and has been field verified. Upon a roll call vote, Resolution #P.C. 182-93 passed unanimously. RESOLUTION #P.C.182-93 -- Recommendation of Plan Commission RESOLUTION XP.C.183-93 -- Approval of Second Garage Structure for Jack Galkowski located at S70 W17235 Kirkwood seconded. Ald. Taube asked if this is a second garage because it Drive. Ald. Taube made a motion to adopt, Commissioner Honl 1s over 12'. Mr. Galkowski asked that this be explained to him, pg. 4 Plan Commission Minutes 09/83./93 because according to most drawings this would be a shed. Director Dykstra explained that a shed is a structure not larger than 10' X 0 121, may not have a foundation, but can be on skids and is not over 9' at the ridge. Anything beyond is considered a second garage. Mr. Galkowski explained that there will not be a driveway to the structure. Upon a roll call vote, Resolution #P.C. 183-93 passed unanimously. a1 1 RESOLUTION #P.C.184-93 -- Approval of Second Garage Commissioner Honl made a motion to adopt, Commissioner Raimann Structure for Doris Cox located at W188 57001 Gold Drive. seconded. Chairman DeAngelis read into the record a letter from Victor & Carol Clark voicing their concerns. Chairman DeAngelis explained that they are adjoining property owners. Ald. Taube asked what the existing exterior of the house is. Ms. Cox explained that it is aluminum siding with a brick facade. The proposed garage would be vinyl siding beige in color that will is almost identical to the color of the house. Ald. Taube asked if the garage couldn't be attached to the other garage. Chairman DeAngelis explained that if the garage was attached it would not come to the Plan Commission. Commissioner Honl asked who the car belongs to. Mrs. Cox indicated that it belongs to her daughter. Chairman DeAngelis addressed each of the items of concern in the Clark's letter. Commissioner Hulbert asked if Mrs. Cox would add want it attached. Director Dykstra indicated that it could have a the garage onto the house. Mrs. Cox indicated that she did not higher cost to add it to the house. Ms. Cox explained that the resident, would like it see the proposed garage attached to the existing garage. If it can not be attached the Mr. Clark would like to behind the house. Ms. Cox indicated that there is a garden in that area already. Mr. Clark would still like to see this attached to the house for the fire protection. Mayor Taube asked if the petitioner would be willing to reduce the indicated that 90% of the garages in that area are detached. Ald. measure and see if it would be agreeable. Commissioner Raimann garage to 20' x 20'. Ms. Cox indicated that she would have to question, roll call vote was taken. Upon a roll call vote, called for the question. Upon no objection to the call for the Resolution #P.C. 184-93 passed 4-2 with Ald. Taube and Commissioner Hulbert voting nay. driveway will be extended to a tee. Mr. Clark, neighboring RESOLUTION #P.C.185-93 -- Approval of Building, Site and Operational Plan for Merit Asphalt located in the Muskego Industrial Park. Commissioner Honl made a motion to adopt, Commissioner Raimann seconded. A representative from Morton wainscoating, wood siding and the gable would have horizontal Buildings Inc. He stated that the building will have 42" of brick wood siding. The building will be brown with beige trim. Commissioner Hulbert asked how the support poles are made. The procedure. Commissioner Raimann asked what will be parked in the representative from Morton Buildings Inc. explained the compacted stone area. Mr. Troy Loomis, the petitioner, indicated that there will be 6 dump trucks and other vehicles parked on this a1 Pg. 5 Plan Commission Minutes 09/89/93 area in the evening. Chairman DeAngelis indicated that this building will be to the west of the Wesco Building. Ald. Taube asked what the petitioner is proposing for the rear lot line. Mr. Loomis indicated that he wants a grassy area to the creek. Chairman DeAngelis explained why Mr. Loomis may require a Board of Appeals variance for the fence height. Ald. Taube asked if the barbed wire is necessary. Mr. Loomis explained the high cost of his equipment and that he does not want to leave the opportunity for vandalism to occur. He also explained that there will be brown slats in the fence. Upon a roll call vote, Resolution #P.C. 185-93 passed 5-1 with Commissioner Hulbert voting no. Operation Plan by MSI General Inc. for the Muskeqo Norway Schools RESOLUTION #P.C.186-93 -- Approval of Building, Site and District Office iocated on Woods Road. Commissioner Honi made a motion to adopt, Commissioner Hulbert seconded. A representative from MSI General Inc. indicated that this building will be similar to the Bay Lane and High School additions. There will be a dark ribbon of brick by the windows. The parking lot will be asphalt with down directed lighting. He also explained that this building allows for expansion. Ald. Taube asked if this is larger than the area now used by the Administration Offices. Mr. Bartes explained that this is approximately the same square footage, but building. The vacated areas in Bay Lane and the High School will rather than being in two different buildings it will be in one be used for education. Mr. Bartes also indicated that they will be submitting signage at a later time. Commissioner Hulbert was entrance. The representative from MSI General Inc. indicated that this building will not create a lot of traffic. It will be approximately 30 cars. The additional parking is for any of the evening meetings. Commissioner Raimann asked if the ribbon is split faced block or stone as stated on the plans. The representative indicated that it will be checked into. Chairman DeAngelis explained that an additional 10' will be needed for road dedication purposes. Mr. Bartes did not feel there would be a west is for a new building. The community will decide if it will problem. Superintendent Wasson explained that the 20 acres to the be built. Commissioner Hulbert asked if the restrooms will be available for the people at football games. Superintendent Wasson amend be adding the following to THEREFORE BE IT RESOLVED, to read indicated that it will not be. Commissioner Honl made a motion to as follows: .. .Muskego High School subject to the submittal and approval of any signage plane and the 10' of road right-of-way dedication along Woods Road. Commissioner Smith seconded. This building will be handicapped accessible. Upon a roll call vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 186-93 passed unanimously. concerned whether any thought was given to the Woods Road RESOLUTION #P.C.187-93 -- Approval of Amended Building, Site and Operation Plan by Ameritech Mobile Communications Inc. early this afternoon in a staff meeting that it was decided that for the Muskego High School. Chairman DeAngelis indicated that the appropriate process for the request would be through a Pg. 6 Plan Commission Minutes 09/87/93 Conditional Use Grant. He indicated that we could hear the petitioner's request at this time. Mr. Richard Riley, a 0 representative of Ameritech Mobile Communications Inc., questioned the decision of the staff. Mr. Riley indicated that this is a public utility and is permitted under Section 9.02 1A as a permitted use by right. Mr. Riley explained that this is not a Mr. Riley further explained what this pole is used for. He tower for radio or television or a relay, it is a public utility. expressed the necessity to place this on a grid system. Mr. Riley explained that the School Board has agreed to a lease agreement with the understanding that a concession stand/press box being built. This building will be brick to match the existing High be a concession stand, the second floor will be a unmanned station School and the new Administration Building. The first floor will This facility will be alarmed 24 hours a day. This is the new for Ameritech Mobile and the third floor will be a Press Box. telephone system. There will not be any wires. The Police and Fire Rescue depend on these. Ald. Taube asked if any thought was given to adding a lavatory to this facility. Mr. Bartes and Superintendent Wasson explained that it is not in the budget to add this. Commissioner Hulbert asked Mr. Riley to further explain the use of the pole. Mr. Riley explained that it will be 24 hours a day, but that it is used most during the peak hours of traffic. Mr. Riley explained that it uses the same frequency's over and over, therefore it is very low powered and confined to a particular geographic area. He further explained that they are Commissioner Hulbert is concerned w,ith the cancer. Mr. Riley licensed for 100 watts but that usually it is 5-8 watts. explained that the case in Florida was dismissed and that the car phones are 3 watts. Mr. Riley indicated that cancer is not a concern. Less power is used with this than with CB's or police and fire rescue equipment. Commissioner Hulbert stated that this is a very good move by the administration. Ald. Taube asked effective to build this with the sewer and water pipes buried and Superintendent Wasson to check and see if it would be cost to evaluate the relocation of the fence. Mr. Riley explained the lease term. Upon further review, Chairman DeAngelis indicated that as a public utility this can be approved by the Plan Commission through a Building, Site and Operation Plan. Ald. Taube made a motion to adopt, Commissioner Hulbert seconded. Ald. Taube made a motion to amend the approval subject to the fence being extended around the entire building. Ald. Taube would like SuperIntendent Wesson to review the possibility of an opening being created in the fence on the west for possible future bathroom facility in the water pipes ahead, and reviewing the entire building possibly Administration Building, the cost of installing the sewer and being enclosed by the fence. SuperIntendent Wesson agreed to review these items. Ald Taube withdrew his motion. Upon a roll call vote, Resolution #P.C. 187-93 passed unanimously. dl Site and Operation Plan by AirKem located 583 W18770 Saturn RESOLUTION #P.C.188-93 -- Approval of Amended Building, Pg. 7 Plan Commission Minutes 09/W/93 a) Drive. Commissioner Hulbert made a motion to adopt, Ald. Taube building and further explained the proposed addition. Chairman seconded. Mr. Schultz, representative, showed a photo of existing DeAngelis indicated there are some concerns with by the Fire Dept. regarding the area to be asphalted. Mr. Schultz is willing to do what is required by Mr. Dibb. Director Dykstra further explained the firewall requirements. Upon a roll call vote, Resolution #P.C. 188-93 passed unanimously with Mrs. Smith abstaining. 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". (Section 17:5.02 (2) A. 1.) Deferred from 09/07/93 meeting. Chairman DeAngelis indicated that the map presented this evening is the cleaned up version of the Plan Commission's recommendations. Chuck explained that Rich , the City Engineer indicated that this map shows Hwy Y road widths as they have land currently dedicated. Director Dykstra is uncomfortable with this as a uniform means for setting street setbacks would no longer be available. Chairman DeAngelis further explained that no action is needed this evening until the Public Works Committee reviews this at the Thursday, September 23, 1993 meeting. Commissioner Honl made a motion to defer, Commissioner Hulbert seconded. Ald. Taube was concerned with the proposed extension of Bay Lane Drive as would want this extension to be a main traffic, it was his drawn on the revised map. Chairman DeAngelis questioned why we understanding that this would be a collector street. Chairman DeAngelis is questioning why Bay Lane would be 100' right-of-way. At 60' or 80' right-of-way there would be ample room. After needed from the City Engineer's regarding the topographic of this further discussion, it was decided that further information is area. Chairman DeAngelis indicated that this needs to be further Resolution #P.C. 151-93 passed unanimously. reviewed and corrected. Upon a voice vote, the motion to defer MISCELLANEOUS BUSINESS Parthanon Gyros Express No one was present or had contacted the Plan Department Office from Parthanon Gryros Express. Ald. Taube felt that this establishment wasn't given as much time as was given to Mr. Bohrer. It was decided that a certified letter will be mailed to Mr. Jifas explaining that he has to appear at the October 5, 1993 meeting. Chairman DeAngelis explained that Mr. Pasky will be on the next Plan Commission Meeting under Miscellaneous Business on October 5, 1993. Chairman DeAngelis asked for a volunteer for a committee to hire a new Plan Commissioner Director. Ald. Taube volunteered. Upon no objections, Ald. Taube will be the representative from the Plan Commission. Pg. 8 Plan Commission Minutes OS/%93 Commissioner Hulbert addressed the Plan Commission regarding the progress of the Sign Ordinance Committee. They feel that Bassee Country Delight is not in conformance and directed Director Dykstra to look into this further. Commissioner Hulbert asked the other Commissioners views on off premises signs and the grandfather clause regarding signs. Commissioner Honl believes each case needs to be reviewed separately. Ald. Taube feels that existing facilities would have a difficulty without the grandfather clause. Commissioner Hulbert also asked how the Commissioner felt regarding the 3% rule of each side of a building. They felt that two sides would be sufficient. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 10:30 p.m. Commissioner Hulbert seconded. Upon a voice vote, the motion to adjourn passed unanimously. Re_pectfully submitted, Co lette M. Klenz Recording