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PCM19931019CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON OCTOBER 19, 1993 Mayor David DeAngelis called the meeting to order at 7:OO p.m. PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners Smith, Honl, Hulbert, and Director Chuck Dykstra. ABSENT: Commissioner Raimann MINUTES: Ald. Taube made a motion to approve the Minutes of the October 5, 1993 Meeting. Commissioner Smith seconded. Upon a voice vote the motion to adopt passed unanimously. CONSENT AGENDA: NEW BUSINESS: on RS - RESOLUTION IP.C.195-93 -- Recommendation of Plan Commission the Rezoning of Lot adjacent to Plum Creek from RS-2 to Honl seconded. Ald. Taube asked how this pertains to the existing -2/OPD. Commissioner Smith made a motion to adopt, Commissioner development. Chairman De Angelis explained that this piece of property was inadvertently not included in the original rezoning. He further explained that in calculating the OPD it was included, however the legal description for this property was not included in the actual rezoning. Upon a roll call vote, Resolution #P.C. 195-93 passed unanimously. RESOLUTION tP.C.196-93 -- Approval of Christmas Tree Stand with temporary signage and office trailer by Dennis Kasian of Green Acres Nurseries located in the Southwest corner of the parking lot at the Parkland Mall. Commissioner Honl made a motion to adopt, Commissioner Smith seconded. Chairman De Angelis asked Mr. Kasian, the petitioner if he would like to expand further on his submittal. Mr. Kasian explained that temporary facility would be located in the parking lot to the east of St. Francis Bank. Mr. Kasian agreed to locate his signs on his fence so that the signs would not be located in base setback. Ald. Taube asked if Mr. Kasian's lease would prohibit the Boy Scouts from Mall parking lot. Mr. Kasian explained that they do not sell having their annual sale of the Christmas wreaths in the Parkland Christmas wreaths and that this facility would not prohibit the Boy Scouts from selling the wreaths. Commissioner Hulbert was concerned with the removal of any remaining Christmas trees. Mr. Kasian stated that the remaining Christmas trees are cleaned up prior to Christmas Eve. He further stated that the electrical any necessary permits from the City. Upon a roll call vote, service will be directly from the Wisconsin Electric lines with Resolution #P.C. 196-93 passed unanimously. Pg. 2 Plan Commission Minutes 10/19/93 RESOLUTION WP.C.197-93 -- Approval of Building, Site and Operation Plan by Anderson - Ashton, Inc. for American Sewer Services located-at W145 56522 Tess- Corners Drive. Commissioner Hulbert made a motion to adopt, Ald. Taube seconded. Mr. Bill Mathews, Anderson-Ashton questioned why the setback is now required to be 50' and not the 40' setback as previously stated by meeting it was noted that the zoning of the property was 1-1 which Director Dykstra. Director Dykstra stated that after' their was different from what was previously thought, therefore requiring the 50' setback and not the 40'. Mr. Mathews explained that there is not a plan for signage as the owner is not proposing any signage at this time. He further stated that the outside lighting includes 3 150 watt wall pack light units with 2 of the units facing south and the third one on east side. There will not be any lights facing the residential area. Also there will be a decorative light located at the entrance door. Mr. Mathews stated that the lights will point outwards towards the parking area and the drive way. Chairman DeAngelis indicated that the evergreens were not planted. Mr. Mathews indicated that in 1988 planted the evergreens however, due to the drought of 1988 many of the evergreens did not survive. Mr. Mathews stated that after the proposed building is built the landscaping will be kept. Mr. Mathews explained that it will be kept. Ald. Taube installed. Ald. Taube asked if the existing building will be asked what will happen to the existing landscaping. The tree line in the back will remain that separates the existing building with the new building. The proposed landscaping is by the new building by Tess Corners Drive. Upon a roll call vote, Resolution #P.C. 197-93 passed unanimously. Caritv Land Corp. for the Plum Creek East Subdivision to be RESOLUTION tP.C.198-93 -- Approval of One Temporary Sign by located on the corner of Janesville Road and Forest Glen Drive. Commissioner Smith made a motion to adopt, Commissioner Honl seconded. Ald. Taube asked if this is the multi-family phase of the development. Chairman DeAngelis indicated it was. Upon a roll call vote, Resolution #P.C. 198-93 passed unanimously. RESOLUTION tP.C.199-93 -- Approval of Request for expansion of an existing Conditional Use Grant to Allow for the Display, with the existing 10,526 square foot building to be used in Service and Sales of Snowmobiles, Personal Watercraft, and Boats Walter Bohrer, Jr. and Dale Kriel. Commissioner Honl made a conjunction with same located at 583 W20411 Janesville Road by motion to adopt, Commissioner Smith seconded. Commissioner Honl asked if any of these drawings show the existing asphalt surface or the proposed asphalt surface. Attorney Thomas Frenn, the attorney for Mr. Bohrer, Jr. asked why the Plan Commission is requiring the extra parking spaces. Attorney Frenn was under the impression that the Plan Commission had previously stated that it would be agreeable to 35 parking spaces is the amount the Plan Commission wanted. Director Dykstra explained that there are different criteria for parking spaces that depends on the use of the facility Director Dykstra further explained how he calculated Pg. 3 Plan Commission Minutes 10/19/93 the necessary number of parking spaces. Chairman De Angelis explained that Mr. Maslar's petition is not in conjunction with own defined area. Attorney Frenn would like to have less this and that the two uses will be separate each one having their parking required. He further asked if Mr. Maslar would need additional parking from what is required from Mr. Kriel. Chairman De Angelis explained that upon a site visit this evening there were 50 vehicles present, however Mr. Maslar's parking will be discussed under another Resolution that pertains to his use. description for the access for Mr. Kriel to the proposed gravel Chairman De Angelis is concerned that there is not an adequate storage area. The area between the red building and the right-of-way only allows 1' between the access and the building to get to the storage area. Chairman De Angelis further stated this access area needs to be graveled. Attorney Frenn felt that 10' would be an adequate area. Mr. Kriel indicated that by a Wisconsin Law a boat can not be wider than 8'6" and most of his boats are 8' wide. He further states that he will only be using this storage area twice a year. Once in the fall to store the boats and in the spring to remove the boats from storage. Most of the boats stored come from the Bay Breeze Development. Commissioner Hulbert asked why Mr. Kriel would locate the storage area so far from the building given the safety factor. Chairman DeAngelis asked if there would be any outside displaying of snowmobiles, personal watercrafts or boats. Mr. Kriel indicated that he would display the boats outside. Chairman DeAngelis stated that in Mr. Kriel's submittal he stated that mention of outside display. Attorney Frenn indicated that he the display would be within the building and there wasn't any used the term within to mean the business was within and that he should have clarified it further. Chairman DeAngelis asked where the petitioner is proposing to display these items. Mr. Kriel indicated that they will be located on the grass. Chairman De Angelis indicated that most outside display is hard surfaced. Mr. Kriel indicated he would like to duplicate the Community Festival idea with boats on grass and the stone paths around. He Chairman DeAngelis indicated that the displayed boats would be indicated that Skipper Bud's display boats on a grassy area. approximately 300' feet from the white building and felt that Mr. Kriel would not be able to view the boats from the white building. Chairman DeAngelis also stated that at this point there located in the right-of-way. Ald. Taube is concerned with the is a 120' road right-of-way and the displayed items can not be where the display is located will be 2' feet high. Mr. Kriel possibility of ruts from inclement weather and that the grass him to mow under the displayed items. Ald. Taube and Chairman stated that he plans to rotate the display once a week allowing DeAngelis are both concerned that the petitioner will be unable to view the displayed items and therefore be unaware of when someone is out looking at the display. Commissioner Hulbert asked Mr. Kriel if the display area will be enclosed with a chain link Pg. 4 Plan Commission Minutes 10/19/93 Mr. Kriel was not planning to enclose the area with fencing. fence similar to the one located at the Skipper Bud's location. Chairman DeAngelis indicated that it is necessary that each petitioner submit a complete description of the property that will be with their Building, Site and Operation Plan. This is necessary so that the terms of each Building, Site and Operation plan be enforced. Commissioner Honl asked if the petitioner is asking for any lighting on the outside by this area. Mr. Kriel indicated that by the boat storage there will be motion detectors and possibly also by the area of display. Ald. Taube indicated that there is not a signage plan submitted. Mr. Kriel wants the same signs from his present location moved to this proposed location. Ald. Taube indicated that the front of the building is lower and the back is higher and questions whether the signs would fit. Mr. Kriel would like to put 1 or 2 signs on the white building and the rest of the signs on the red building. Chairman DeAngelis again stated that Mr. Kriel and Mr. Maslar will be two different sites and unable to share anything except possibly parking. Attorney Frenn explained that entire site will be leased to Mr. Kriel and that Mr. Kriel will have to honor the sub lease to Mr. Maslar until March of Maslar and be negotiable. Attorney Frenn indicated that Mr. 1994. At that time the lease will be from month to month with Mr. Kriel must have certain signs because he is a franchise. with a different plan than what was submitted. Director Dykstra Chairman DeAngelis indicated that Mr. Kriel may want to resubmit scale. Chairman DeAngelis indicated there is conflicting felt that the plan should be professional and at least drawn to Kriel and what Mr. Kriel is currently asking for. Ald. Taube information according to what was submitted in writing by Mr. indicated that the plan must cover both buildings under the resolution. Attorney Frenn asked if another Public Hearing needed. Chairman DeAngelis indicated that another Public Hearing would not be necessary because the use is the same just a revised plan. Chairman DeAngelis further stated that the plan must be drawn to scale and it most encompass both buildings and both DeAngelis suggested a table. Commissioner Honl removed his motion uses. Commissioner Honl made a motion to defer. Chairman to defer and made a motion to Table Resolution #P.C. 199-93, Commissioner Hulbert seconded. Upon a voice vote, the motion to Table Resolution #P.C. 199-93 passed unanimously. RESOLUTION IP.C.200-93 -- Approval of Amended Building, Site and Operation Plan for Walter J. Bohrer, Jf. and Sam Maslar located at 583 W20411 Janesville Road. Chairman DeAngelis the floor. Chairman DeAngelis indicated that this building does suggested that this be discussed prior to the resolution being on not have bathroom facilities and will need them in order to run a business from it. Chairman DeAngelis indicated that if Mr. Kriel rented both buildings and used one building for warehouse there are two different tenants the building would need a restroom etc. he would not need to add a restroom facility, however because Pg. 5 Plan Commission Minutes 10/19/93 facility of its own. Director Dykstra stated that he visited the site at 6:15 p.m. tonight and Mr. Maslar is currently using the his business from. Attorney Frenn did not realize that Mr. Maslar needed restroom facilities. Chairman DeAngelis indicated that Mr. Maslar also needs an auction permit and must cease the use of the building until rest room facilities are installed and approved and an auction permit is taken out with the City of Muskego. Attorney Frenn is not representing Mr. Maslar, however he is unsure that it is economically feasible to keep Mr. Maslar and may be more productive to terminate the lease. Commissioner Hulbert asked if they are aware of the citations that the can be City currently uses a shotgun method of enforcement which issued for this property. Director Dykstra explained that the basically means that if Mr. Kriel leases to Mr. Maslar and Mr. Maslar in not in compliance then Mr. Maslar, Mr. Kriel and Mr. Bohrer, Jr. will all be cited. Mr. Kriel and Mr. Bohrer, Jr. would be responsible for what Mr. Maslar has or has not done. Director Dykstra that each individual would be issued citations for the lack of an occupancy permit which can be back dated to the the building. The citations range from $1.00 to $25.00 a day. time when it is verified that Mr. Maslar first started to occupy The bathrooms are a must. Attorney Frenn stated that he would have a submittal for Mr. Kriel but nothing for Mr. Maslar. Commissioner Honl made a motion to adopt, Commissioner Smith , r -. , seconded. Commissioner Smith made a motion to table, Commissioner Honl seconded. Upon a voice vote, the motion to Table Resolution bathroom located in the building Mr. Kriel is proposing to run ' @ passed unanimously. RESOLUTION #P.C.201-93 -- Approval of Amended Building, Site and Operation Plan for A-1 Storage for allow for outside storage located at 583 W18550 Saturn Drive. Commissioner Smith made a motion to adopt, Ald. Taube seconded. Mr. Hayden and Mr. Peters stated that the landscape plan is clarifying what is on file showing the existing entry that is one entry/exit instead of the two entry/exit as the records currently show. Mr. Hayden indicated the asphalt is contracted and scheduled to start tomorrow and be completed within one week. They are proposing a cyclone fence with a combination of colors possibly of brown and beige. Chairman DeAngelis has grave reservations regarding the parking of vehicles along the fence with the angle parking and doesn't feel that people would be able to this. Mr. Hayden indicated that there will be size restrictions on the vehicles stored outside. Director Dykstra indicated that vehicles can be stored inside, however there must be a fire wall between a vehicle stored inside and someone's personal belongings that are stored in Chairman DeAngelis asked where the snow will be piled with these an adjacent unit. vehicles parked around this building. Mr. Hayden indicated that it will be piled in the back and if there is an excess of snow it will be removed from the location with a front end loader. Commissioner Hulbert not in favor of outside storage at this Mr. Hayden indicated that with the grade and fencing the stored location. He feels the original intent is for inside storage. Pg. 6 Plan Commission Minutes 10/19/93 vehicles will not be seen. Commissioner Smith not in favor of outside storage but if there was outside storage then it should be in the back and be parallel parked. Mr. Hayden indicated that it could be done along the west side of the building. Mr. Hayden indicated that McClures has motor homes, dump trucks. Chairman DeAngelis asked to see the alternate plan. Mr. Hayden Ald. Schneider, present in audience, has concerns with long term explained three different plans that he had in mind. don't know, but they are thinking at least 2-3 months. Ald. outside storage. Mr. Hayden indicated typically at this time we Schneider wants to be assured that oil drums or such would not be stored outside. Mr. Peters indicated that they don't want it to campers, and small boats. Mr. Peters wants stable clientele and look bad. They were thinking possibly classic cars, pop-up wheeled vehicles no higher than 6' tall along the back fence but does not want a junk yard. Ald. Taube has no problem parking 5 not in favor of anything beyond that. Commissioner Hulbert is unconvinced and feels that the original intent was for inside storage not outside storage. Ald. Taube made a motion to amend this resolution to add a BE IT FURTHER RESOLVED, That Only 5 wheeled vehicles (vehicles, trailers, boats) may be stored at this location and must be located along the north lot line, parallel parked and no higher than 6' with review in February of 1995. Commissioner Honl seconded. Chairman DeAngelis suggested removing the 5th WHEREAS. Ald. Taube was agreeable to adding it to his amendment. Commissioner Honl agreed as the second to the Commissioner Hulbert voting no. Ald. Taube suggested accenting amendment. Upon a roll call, the amendment passed 3-1 motion further amend by adding a BE IT FURTHER RESOLVED, That the the screening to have a better visual effect. Ald. Taube made a dark brown vertical accents in the fencing. Commissioner Honl fencing be screened with a solid beige color and accented with a Commissioner Hulbert felt it was necessary to add a bond to insure seconded. Upon a roll vote, the amendment passed unanimously. the paving will be finished by November 15, 1993. Chairman DeAngelis indicated that if by November 15, 1993 the asphalting is Commissioner Hulbert made a motion to amend by adding BE IT not done then the bond will be kept until it is done. FURTHER RESOLVED, That $3,500 bond be retained until the landscaping, fencing, and asphalting is finished and no additional bond is required for asphalting as long as the asphalting in completed by November 15, 1993. If the asphalting is not completed then an additional bond would be required to cover the asphalting. Commissioner Honl seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, thrice amended Resolution #P.C. 201-93 passed unanimously. Chairman DeAngelis moved to recess the meeting at 9:35 p.m. for a 5 minute break. OLD BUSINESS: Comprehensive Land Use Plan, Map 8 "Recommended Improvements For RESOLUTION tP.C.151-93 -- Approval of Amendment to the Pg. 7 Plan Commission Minutes 10/19/93 Year 2010 City of Muskego Arterial Street and Highway System Plan". (Section 17:5.02 (2) A. 1. ) Deferred from 10/05/93 meeting. Ald. Taube explained that he would be addressing Ald. Schneider's concerns until 7:30 - 7:45 p.m. when Ald. Schneider would be present. Ald. Schneider is concerned with Hillendale proposed extension to Kelsey Drive and the Intersection of Hwy Y and Hillendale would like the extension to Crowbar Road or Hwy Y to relieve the existing and any adding traffic problems. Ald. Schneider asked is width of Hillendale. Chairman De Angelis indicated that it is 80' currently. His other concern is that if Angelis explained that it would have to be asked through the Plan the landfill would open a second entrance/exit. Chairman De commission and the Common Council and he doesn't feel these bodies would approve it now or later. After further discussion, commissioners agreed that the extension of Hillendale Drive should be left on the map at this point of time. Ald. Schneider again indicated that this should be watched closely in the future. Ald. Taube indicted that he then was going to represent Ald. Misko. Ald. Taube stated that Ald. Misko felt the following extension of Bay Lane with a 100' road width from Janesville Road to Moorland Road. The land in the triangle should have the traffic onto Bay Lane. The future extension of Lannon Drive to College Avenue of the direction of the intersection with College at an angle is shown and felt it should be a perpendicular. ,- Chairman DeAngelis indicated that on College Avenue it would be perpendicular and Bay Lane will be addressed at the time of the Building, Site and Operation Plan for the proposed multi family property. Ald. Taube made a motion to amend the following under THEREFORE BE IT RESOLVED, as #1 - Correct the angle of Lannon Drive and College Avenue intersection. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Director Dykstra indicated that in the last THEREFORE BE IT paragraph and would like to see it amended to read as follows RESOLVED, that he doesn't agree with the verbiage in that Arterial Street and Highway System Plan set forth in the On all principal traffic arteries as designated on the Year 2010 Comprehensive Land Use Plan for the City of Muskego, the Base Setback Line shall be located at a distance from the center line designated on the map referenced within the Comprehensive Land Use of the street equal to one-half the width of the highway as Plan and identified as "Year 2010 Arterial Street and Highway System Plan". Ald. Taube made motion to amend, Commissioner Honl Upon a roll call vote, twice amended Resolution #P.C. 151-93 seconded. Upon a voice vote, the amendment passed unanimously. passed unanimously. RESOLUTION IP.C.202-93 -- Disapproval of Building, Site and 9 Apartments located in the NW 1/4 of Section 10. (Janesville Road Operation Plan by Enercon Builders Inc. for Woodview Terrace and Bay Lane) Commissioner Honl made a motion to adopt, Pg. 8 Plan Commission Minutes 10/19/93 Commissioner Hulbert seconded. Director Dykstra stated the reasons he felt that this should be disapproved. The petitioner indicated that his building is not located within the Bay Lane road right-of-way. Chairman DeAngelis is concerned that the Bay Lane extension is not present, and the final configuration of what the multi-family will look like. Chairman DeAngelis indicated that with phases is that it should be seen. Commissioner Hulbert asked for the zoning history of this property. Chairman DeAngelis explained the previous history of this property regarding the zoning and any rezoning. Commissioner Hulbert asked how many access points are currently available for this property. The petitioner indicated that this access will be photos of a development in Burlington that is identical to the only for the multi-family. The petitioner stated handed out proposed building. The exterior is brick with aluminum and aluminum covered trim boards. Commissioner Hulbert would like additional to see at least 50% of the building done in masonry. Chairman DeAngelis indicated that the drainage plan will be reviewed by the Public Works Committee at the meeting scheduled for Thursday, October 28, 1993. Ald. Taube asked about if the dumpster's will be enclosed. Chairman DeAngelis indicated that as of January 1994 Muskego will have trash collection and recyclable collection. The trash and recyclables must be in separate containers. Ald Taube motion to defer, Commissioner Hulbert seconded. Ald. Taube suggested that the petitioner review Decel lanes for the Resolution #P.C. 202-93 passed unanimously. access on Ja'nesville Road. Upon a voice vote, the motion to defer MISCELLANEOUS BUSINESS The commissioners agreed to send a written response to Mr. Salentine's letter regarding Ronnie's Mobile and the noncompliance with the Conditional Use Grant from the Mayor's office. ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 11:25 motion to adjourn passed unanimously. p.m. Commissioner Hulbert seconded. Upon a voice vote, the