Loading...
PCM19931221I CITY OF MUSKEGO m PIAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON DECEMBER 21, 1993 Mayor David DeAngelis called the meeting to order at 7:lO p.m. PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners, Raimann, Honl, Smith, Hulbert and Director Matthew Sadowski. ABSENT: None I MINUTES: Commissioner Hulbert made a motion to approve the Minutes of the December 7, 1993 Meeting. Commissioner Honl seconded. Upon a voice vote the motion to adopt passed unanimously. OLD BUSINESS: Division for Two Lots by Mike Stockton located in the SW 1/4 of RESOLUTION XP.C.217-93 -- Approval of Sketch for a Land Section 11. (577 W15555 Woods Road). Deferred from December 7, 1993 meeting. Chairman De Angelis stated that Mr. Stockton had provided various sketches. Mr. Stockton indicated that Sketch A was the ultimate preferred configuration. Mr. Stockton stated that the land swap with the developers of Foxboro North 0 Plan Commission. Commissioner Honl asked what the square footage Subdivision is contingent upon what happens this evening with the of the new lot would be. Chairman De Angelis indicated that it would be approximately 21,300 sq. ft. The original lot would not meet the required width and would need a greater variance than the Honl has no objection with the division. Ald. Taube asked if standard 10% the Plan Commission usually grants. Commissioner additional road dedication would be required. Chairman De Angelis indicated that there will be additional road dedication required Commissioner Smith made a motion to amend the resolution by adding at the time of the submittal of the Certified Survey Map. a second BE IT FURTHER RESOLVED, to read as follows: BE IT FURTHER RESOLVED, That the proper road dedication will be required at the time of submittal of the Certified Survey Map. Commission Raimann seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 217-93 passed 5-1 with Ald. Taube voting nay. CONSENT AGENDA: RESOLUTION #P.C.221-93 -- Approval of Two Temporary 4' X 8' Signs for the City of Muskego. Commissioner Hulbert made a motion to adopt, Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 221-93 passed unanimously. RESOLUTION #P.C.223-93 -- Approval of Extraterritorial .a Certified Survey Map by Vernon 6 Shirley Kirchner located in the SE 1/4 of 4, Town of Norway. Commissioner Hulbert made a motion Pg. 2 Plan Commission Minutes 12/21/93 to adopt, Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 223-93 passed unanimously. I t '0 m NEW BUSINESS: Non-Illuminated Flat Wall Sign on the West Side for Preferred RESOLUTION #P.C.222-93 -- Approval to Construct Permanent Cleaning Service located at W125 S9738 North Cape Road. Director allowed 5%. Commissioner Smith made a motion to adopt, Sadowski indicated that the petitioner's request exceeds the Commissioner Honl seconded. Chairman De Angelis asked if the petitioner was present in the audience. The petitioner was not present. Director Sadowski indicated that the Building Director request the sign be approved at 5% of 15 square feet. If the petitioner would like a greater size a petition will have to be filed with the Board of Appeals. Director Sadowski was basing his approval on what had been proposed and what was represented to be on the building. He felt that the proposal was an improvement from what was previously displayed. The previous signage exceeded Commissioner Hulbert would prefer to have the petitioner submit 48 square feet, however the previous signage was illegal. signage plans that meet the 5% requirement and have the staff review said plans citing that the petitioner has the right to petition the Board of Appeals for a larger sign. Commissioner Hulbert made a motion to amend by adding a second BE IT FURTHER RESOLVED, to read as follows: BE IT FURTHER RESOLVED, That additional signage plans must be submitted clearly indicating the color and lettering of the said sign, the sign must not be larger than than allowed 5%, and the staff will review said submittal. Commissioner Smith seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution passed unanimously. RESOLUTION IP.C.224-93 -- Disapproval of Request for a Conditional Use Grant to allow an existing Tavern to be located at S64 W18295 Martin Drive by The Equitable Bank. Commissioner Honl made a motion to adopt, Commissioner Hulbert seconded. Commissioner Honl would like to see this deferred to see if there is an existing approval for the restaurant. Chairman De Angelis explained that if at least 50% of the petitioner's business is a tavern then he is within his allowance. Chairman De Angelis stated that the petitioner is planning on serving sandwiches, but that the proposal is no different from what the Irish Springhouse or Bushy's Pub serves. Chairman De Angelis indicated that there is a difference in Dykstra. Director Sadowski indicated that this conditional use interpretation between Director Sadowski and the Interim Planner Conditional Use Grant would be a violation of the Zoning Codes. grant is not required, because it is not an expansion and a Commissioner Hulbert asked if this resolution should be tabled. Chairman De Angelis indicated that a Disapproval would allow the City the authority to ensure that this DroDertv is used as a Tavern that serves sandwiches only. Chairman he Angelis further ~ ~~ ~ ~~ Pg. 3 Plan Commission Minutes 12/21/93 Tavern,but it will not allow for any additional uses. stated that the disapproval will not change the existing use as a Ald. Schneider, present in audience, is concerned with the petitioner's intent to expand the parking area. Chairman De Angelis stated that if the petitioner is paving an area that was have an amended Building, Site and Operation Plan. Ald. Schneider if it was an expansion of parking area then it would require to stated that there are homes in the rear that are screened with the trees from the rear. Ald. Taube is concerned with the amount of b parking that is shown by the petitioner. Chairman De Angelis felt that the lower parking area was utilized for parking for special events. Ald. Taube asked if the adjacent residential area had any type of vegetative buffer. Chairman De Angelis indicated that currently it shielded by vegetation that is growing wild. Chairman De Angelis indicated that the staff and the petitioner need to visit the site and resolved what exactly can and can not be done to this property. Upon a roll call vote, Resolution #P.C. 224-93 passed unanimously. I used as a parking lot then it would not be an expansion. However, i I Rezoning from RS-2 to RS-2/0D to allow for a Duplex in the NW 1/4 of Section 15, Tax Key #2218.989, S81 W16850 Woods Road by Doris Steinhauer. Commissioner Honl made a motion to adopt, Commissioner Smith seconded. Mr. Bob Yeager, representing Mrs. Steinhauer, indicated that the petitioner would like this I 0 property rezoned to allow for a duplex. Mr. Yeager submitted a meeting. Mr. Yeager indicated that the proposed buyers would letter from Mrs. Steinhauer as she was unable to attend the like to build a duplex. The petitioner's plan on living in one unit and their mother in the other unit. Mr. Rich Anderson lives next door and strongly objects to the change in zoning. He has present time there is a drainage problem and he feels that the suffered through the development of the Boehm subdivision. At the problem. Mr. Anderson feels that the drainage concerns should be construction of a duplex will only intensify the current drainage addressed. Mr. Anderson has talked with Mr. Boehm and has not seen any improvement. Mr. Anderson also feels that the duplex would devalue his property. He is very pro development, however with the tremendous drainage problem and the amount of duplexes in the direct area of this lot, Mr. Anderson feels that this would be inappropriate. Mr. Anderson indicated that Mr. Pellman is also concerned with the drainage problem. Mr. Anderson, father of Rich Anderson, indicated that the drainage concern is not only a safety hazard for his grandchildren and any additional children, but a health hazard. Chairman De Angelis asked if Mr. Anderson felt the duplex would adversely affect his son's property. Mr. Anderson stated that it could. Mr. Rich Anderson indicated that the existing woods have been affected tremendously by the standing water. RESOLUTION #P.C.225-93 -- Recommendation of Approval of the Pg. 4 Plan Commission Minutes 12/21/93 Mr. Yeager indicated that the main complaint appears to be with Mr. Boehm's subdivision and not with this proposal. Mr. Yeager pointed out that a single family home could be built on this property as it is currently zoned RS-2. The petitioners intend to leave the lot as wooded as possible. Chairman De Angelis indicated that the additional square footage of the duplex would be larger and parking would have larger area. Commissioner Hulbert doesn't feel that the rational of the adjacent duplexes has any influence of whether this lot should be a duplex lot. He feels that it would be spot zoning and if this is granted it will be setting a precedent for free standing duplex zoning. Commissioner Honl suggested a mother-in-law unit instead of the Duplex zoning. Chairman De Angelis does not agree that the Overlay Duplex is spot zoning. He feels that it allows the City to scatter the duplex properties throughout the City rather than commission should take into consideration that there are currently in a concentrated area. Chairman De Angelis feels that the 8 duplex lots in this area possibly causing a concentration of duplex use. Mr. Anderson indicated that the siting of the house can be situated to save trees however, if any additional grading or filling is done it will cause change in the drainage. He is appealing for the commissions help and consideration to correct the existing drainage problem. Chairman De Angelis is currently addressing the existing problem, but pointed out that drainage will be affected no matter what is built on this property. Commissioner Raimann doesn't have a problem with duplexes mixed with single family in an OPD district, however he is not agreeable to free standing duplex zoning which could be construed as spot be a Mother-in-law Unit. Upon a roll call, Resolution #P.C. zoning. Commissioner Hulbert stated that the other option would Hulbert, Ald. Taube and Mrs. Smith voting nay. 225-93 was defeated 1-5 with Chairman De Angelis, Mr. Raimann, Mr. RESOLUTION IP.C.226-93 -- Approval of Legal Lot Status for the Decher Property located at W143 56932 Belmont Drive. Commissioner Hhbe;t made a motion to adopt, Commissioner Raimann seconded. Mr. Bob Pelzmann, representing petitioner, stated that the lot is a lot of record. This property had a land swap done in the past, because of a driveway. The land swap created a nonconforming lot. Mr. Pelzmann indicated a survey was done confirming that the lot did not meet the requirements. Upon a roll call, Resolution #P.C. 226-93 passed unanimously. RESOLUTION IP.C.227-93 -- Approval of amended Building, Site and Operation Plan by Madison Scale Co. for BFI located at W143 Commissioner Smith seconded. A spokesperson for Madison Scale Co. 56400 College Court. Commissioner Raimann made a motion to adopt, indicated that the reason for the proposed location is because of State regulations. Chairman De Angelis asked if the petitioner is aware that the sewer lateral runs within the area of the proposed scale. The scale is 70' long with a 10' approach and exit. Ald. I Pg. 5 Plan Commission Minutes 12/21/93 Taube asked why the scale wasn't placed parallel to the existing that with the State Weights & Measurements requirements preclude such an option. Also, the scale couldn't be moved back because of it would be in the way of the existing docks. Director Sadowski indicated that upon site inspection the Foreman the only one that would work. This plan was to be supplied by BFI stated BFI would indicate on a plan why the proposed location is at tonight's meeting. No such plan was submitted. Chairman De Angelis asked what the offset and side yards would be. Director Sadowski stated that it is a 50' setback from the road and 15' from all other sides. Commissioner Hulbert asked if the scale would interfere with backing up to the dock doors as presented? The representative indicated that there will be enough room between the docks and the proposed scale. The docks are interior loading docks. Commissioner Raimann asked if the scale would be above ground. The representative indicated that it is exposed about 11" above the center. The portion that is 11" above ground is 70' long. Jerry Batsen, another representative, indicated that there is a berm buffered with vegetation between the road and the proposed in height it is considered a structure and will need a variance scale. Chairman De Angelis stated that because the scale is 11" from the Board of Appeals to be placed in the proposed location. Ald. Taube is concerned with the measurements represented on the site plan. The petitioners indicated that the site plan is not drawn to scale, but displays the correct measurements. Commissioner Raimann feels that the proposed scale is not a problem. Chairman De Angelis stated that the proposal is whether the commission will allow the petitioner to place the scale in the setbacks. The commission is charged to determine whether thisscale will hurt their existing business. The commission is charged to determine whether the scale will be detrimental to the City. Commissioner Hulbert agreed that the location of the scale is fine, however he does agree that a plan should be submitted indicating the correct measurements. The representative's asked if a different location is found if De Angelis stated if the change in location is substantial the they would still need approval from the Plan Commission. Chairman petitioner's would need to seek approval of the different location. Ald. Taube feels that the owner should also be present .@ building. The representative from Madison Scale Co. indicated to answer the many questions regarding placement and timing. Pg. 6 Plan Commission Minutes 12/21/93 # Chairman De Angelis indicated that the site manager was planning on being present, however he has failed to do so. Chairman De Angelis explained that the petitioner's would need a variance from the Board of Appeals and the next meeting is in would be December 23, 1993 for the January 4, 1994 meeting. Upon January. If the petitioner's revise their submittal the deadline a roll call vote, Resolution #P.C. 227-93 passed 5-1 with Ald. Taube voting no. RESOLUTION IP.C.228-93 -- Approval of amended Building, Site and Operation Plan by Michael A. Haessly for St. Francis Bank located at S74 W17100 Janesville Road. Commissioner Smith made a motion to adopt, Commissioner Honl seconded. Commissioner Honl asked if the additional drive through will create necessary filing. Mr. Haessly stated that it will create some filling. Chairman De Angelis is very concerned with the traffic flow and loss of landscaping. He feels that the proposal will make a bad situation much worse. Director Sadowski explained the site as it currently exists. Director Sadowski feels that the reduction of good planning. Director Sadowski visited the site today, from landscaping and the request to expand the median area are not in 4:37 until 5:37 p.m. and did a traffic count. The results were as the north bound lane of Lannon Drive), 15 turns to the north (6 follows: there were 36 "U" turns to the south (2 south turns in the cross access drive coming in and 20 vehicles used the cross turns to the north to go into the Parkland Mall), 45 vehicles used access drive leaving the facility. Director Sadowski feels that there is a lot of confusion with the entrance and exits of this property. Ald. Taube asked if the first driveway could be closed and just use the second drive. Director Sadowski indicated that it was a suggestion he made when he met with the petitioners. Director Sadowski indicated that one possibility would be to move the most southern exit further south (closer to Janesville Road) subject to County review. Greg Wolfe, St. Francis Bank, could find no paperwork to confirm the existence of any cross access easements. Chairman De Angelis feels that this proposal with directional signs would be appropriate. Director Sadowski stated that the County suggested a three lane entrance exit at the current cross access drive and a closure of the existing southern most drive. Director Sadowski stressed the Plan Commission is not trying to design the site, however, they would like to see a better plan than what is presented tonight for approval. Chairman De Angelis asked if the petitioner is understanding the indicated that he does have a clear idea of what the commission is looking for. direction the Plan Commission is trying to give. Mr. Wolfe Pg. 7 Plan Commission Minutes 12/21/93 Commissioner Hulbert asked if the petitioner is aware that a Mr. Wolfe was not aware of the trail. pedestrian trail will be along Janesville Road and Lannon Drive. ,e Chairman De Angelis indicated the safety of the ditch between th entrance and the exit is in question. It may be in the best interest of St. Francis Bank and the Citv to dace a culvert crossing with a catch basin and in doingathis& it would allow for additional landscaping. Mr. Wolfe indicated that the TYME machine signage is going to be the same as it currently is. Ald. Taube indicated that the TYME machine has a fair amount of traffic and questioned whether placing the TYME Machine under prefers the proposed location of the TYME Machine because then the canopy will harm the existing business. Chairman De Angelis the traffic would not be going around the building just to go to the TYME Machine. Commissioner Hulbert asked why the TYME Machine is located outside rather than inside. Mr. Wolfe indicated that the driveup location. customers like the security of the car and convenience of the Commissioner Smith made a motion to defer, Commissioner Honl seconded. Upon a voice vote, the motion to defer Resolution #P.C. 228-93 passed unanimously. Operation Plan by Gohr-Schwenn for Kids Kampus South, Inc. RESOLUTION IP.C.229-93 -- Approval of Building, Site and located on Enterprise Drive in the Muskego Business/Industrial Park. Commissioner Hulbert made a motion to adopt, Commissioner Smith seconded. A representative from Gohr-Schwenn indicated They eliminated the berm that was located against the east & west that the cedar siding would give the building a residential look. walls adding approximately 3' of split face block. He explained that the split face block will be 3' high with horizontal cedar siding for the rest of the area. The north, east and west elevations will have the split face block with the horizontal cedar siding. The south elevation will be completely the horizontal cedar siding. The roof will be composed of asphalt shingles (gray in color). Director Sadowski indicated that the rear area needs to have some previously submitted plan there was proposed landscaping in the landscape islands to soften up the appearance in the rear. On a rear of the building. There is additional landscaping in the front then what was previously submitted. Commissioner Hulbert asked what type of masonry would be required to meet the standards. Director Sadowski quoted the Rules and Regulations of the Muskego Business/Industrial Park for the Pg. 8 Plan Commission Minutes 12/21/93 masonry requirement. The Plan Commission does have the authority to very from the regulations. Chairman De Angelis feels that the masonry and cedar will be a nice looking building. Ald. Taube indicated that he has received complainants from other Industrial Park Owners stating that the Plan Commission has allowed some uncomplimentary buildings in the park. Commissioner Raimann indicated that the Plan Commission is following the options set in Commissioner Smith agrees with Ald. Taube stating that the City is the Rules & Regulations of the Muskego Industrial/Business Park. hurting themselves by not requiring quality buildings. Chairman De Angelis asked how the representative for the petitioner feel about the additional requirements of the landscaping. The representative indicated that he needs to confer with the petitioner prior to any commitment. Chairman De Angelis asked where the play area will be located. The representative indicated that the State regulates the location and equipment of the play area. Chairman De Angelis indicated the commission could approve the site plan contingent upon the submittal at a later date of the location of the outside play area and revised landscape plan. THEREFORE BE IT RESOLVED, and renumbering #2 h t3 as tl & 12. Commissioner Smith made a motion to amend by deleting #1 under Commission Honl seconded. Upon a voice vote, the amendment passed 5-1 with Ald. Taube voting nay. Upon a roll call vote, amended Resolution #P.C. 229-93 passed unanimously. RESOLUTION WP.C.230-93 -- Resolution of the Plan Commission Commission to amend the adopted comprehensive land use plan and to to amend Amended Resolution #P.C. 151-93 Resolution of the Plan amend Section 17:5.02 (2) A. 1. of the Zoning Code Referencing Base Setback Lines. Ald. Taube made a motion to adopt, Commissioner Hulbert seconded. Chairman De Angelis indicated that upon further review there was reference found in Chapter 8 that Attorney Molter, found that the said Chapter can be amended at needs to be revised. Director Sadowski after a conversation with this time and, if at a later date, Chapter 8 needs to be changed further or removed, it can be accomplished then. Director Sadowski stated that the following language was suggested by Attorney Molter: BE IT FURTHER RESOLVED, That 2010 Arterial Street and Highway System Plan made part of the Comprehensive Plan. Director Sadowski and Chairman De Angelis are comfortable with this recommendation. Ald. Taube made a motion to amend as follows: BE IT FURTHER RESOLVED, That 2010 Arterial Street and Highway System Plan made part of the Comprehensive Plan. Commissioner Hulbert seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 230-93 passed unanimously. MISCELLANEOUS BUSINESS 1 Pg. 9 Plan Commission Minutes 12/21/93 the strategic plan for business. Chairman De Angelis indicated Commissioner Honl asked if the Blue Chip Committee has finalized City. With the Community Fact Book and the strategic plan a new that they are currently finishing a Community Fact Book on the industrial park will be studied and determined. Commissioner Honl asked when the Lannon Drive turn lane will be Angelis stated that all the approving agencies have approved the started at the intersection of Janesville Road. Chairman De plans and will be done in the spring. Commissioner Hulbert asked if there was room allotted for the foot path/trail along the turn lanes for Lannon Drive. Chairman De Angelis did not think there would be enough room. Commissioner Hulbert indicated that Mr. Barker set aside the land for the trail at the time of his development. Chairman De Angelis indicated that Brookfield has gone through the wetlands with their walkway/trails. Chairman De Angelis indicated that at the next Safety Committee Meeting they will discuss cross walks at the intersection of Janesville Road and Lannon Drive. The Commissioners felt that the foot notes from Director Sadowski were very helpful in the review of the agenda. Chairman De Angelis indicated that Parathon Gyros Restaurant has not submitted anything for review by the Plan Commission and that the vegetated buffer was removed and may be a violation of the site plan. Chairman De Angelis indicated that Mr. Kreil doesn't have gravel where it was needed and the boats are parked in the road right-of-way. Director Sadowski will send a letter to Mr. Kreil. The commissioners agreed that the east entrance/exit must be asphalted. The commissioners directed Director Sadowski to do a site inspection to ensure all of the asphalting that was required was completed. And to talk with Mr. Kreil regarding the free standing sign that he did not have approval for. The commissioners asked Director Sadowski to review the reader board sign at the Pioneer Inn and at the Merfert property. And to Motors on North Cape Road. review the Uhal Trucks at the tavern across from the Erdman ADJOURNMENT Commissioner Honl made a motion to adjourn the meeting at 10:25 p.m. Commissioner Raimann seconded. Upon a voice vote, the motion to adiourn DaSSed unanimouslv. I Pg. 10 Plan Commission Minutes 12/21/93