PCM19940118CITY OF MUSKEGO 0 PLAN COMMISSION
I
MINUTES OF PLAN COMMISSION MEETING HELD ON JANUARY 18, 1994
Mayor David DeAngelis called the meeting to order at 7:lO p.m.
PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners,
Raimann, Honl, Smith, Vitt, Hulbert (left at 9:00 p.m.) and
Director Matthew Sadowski.
ABSENT: None I
MINUTES: Commissioner Honl made a motion to approve the Minutes
of the January 4, 1994 Meeting. Commissioner Vitt seconded. Upon
a voice vote the motion to adopt passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C.228-93 -- Approval of amended Building, Site
and Operation Plan by Michael A. Haessly for St. Francis Bank
located at 574 W17100 Janesville Road. Deferred from January 4,
1994. Director Sadowski stated that Mr. Haessly requested a
deferral to allow them additional time to prepare the revisions.
Director Sadowski indicated that he has seen a rough drawing of
the revisions that appears to be what the Plan Commission was
looking for (illustrating the closure of the drive through exit). 0 Commissioner Honl asked if the island on Lannon Drive is redone
who will be responsible for the cost. Chairman De Angelis
indicated it would be the petitioners responsibility.
Commissioner Raimann made a motion to defer, Commissioner Honl
seconded. Upon a voice vote, the motion to defer Resolution #P.C.
228-93 passed unanimously.
Highlands North Subdivision in the SW 1/4 of Section 5 (Racine
RESOLUTION IP.C.04-94 -- Approval of Final Plat of Lakeview
Avenue). Deferred from January 4, 1994. Director Sadowski stated
that the Developer has submitted a revised Final Plat and that it
will be reviewed in time for the February 1, 1994 meeting. Ald.
Taube made a motion to defer, Commissioner Hulbert seconded. Upon
a voice vote, the motion to defer Resolution #P.C. 4-94 passed
unanimously.
CONSENT AGENDA:
RESOLUTION #P.C. 09-94 -- Approval of Temporary Signage for
Great Clips located in the Walgreens Shopping Center.
Commissioner Smith made a motion to adopt, Commissioner Honl
seconded. Upon a roll call vote, Resolution #P.C. 9-94 passed
unanimously.
0 NEW BUSINESS:
Pg. 2 Plan Commission Minutes 01/18/94
RESOLUTION #P.C. 10-94 --
of Conditional Use Grant and
Approval/Disapproval of Expansion
amended Building, Site and Operation
Plan to Allow an Increase in the Number of Used Automobiles at
Ronnie's Mobile, S79 W17237 Janesville Road. The committee
agreed to discuss this proposal prior to bringing it on the floor
as either a disapproval or approval. Chairman De Angelis
reiterated the history of the requests for the sale of used
vehicles at this location. Chairman De Angelis asked that the
commissioners state their findings regarding this proposal.
Commissioner Honl finds that the requested expansion is
incompatible with existing area land uses and that the previously
approved 3 vehicles is the maximum amount for this location that
he will approve.
Commissioner Smith stated that this case represents a unique
opportunity to see what the proposal will look like before
situation in that the Commission typically doesn't have the
this location. Based on her observations, Commissioner Smith
implementation; there currently is in excess of five vehicles at
finds that the site lacks sufficient area to support more than
three vehicles stressing that the site is crowded and appears
cluttered. Commissioner Smith pointed out that the petitioner is
currently in violation of past approvals. To the extent that the
petitioner is currently in violation, Commissioner Smith fears the
same if this current request is granted. Commissioner Smith
concluded requesting that a one year review be placed on the
current operation. Chairman De Angelis explained that the City
can review and revoke any Conditional Use Grant at any time if it
is found that the facility or operation is in violation of
approvals; this right is inherent within the City's police
powers.
Commissioner Raimann would prefer that there not be an expansion
of the number of used vehicles for sale at this location finding
that such an expansion would be incompatible with area land uses.
While concurring with the other commissioner's findings, Ald.
Taube also finds that the additional display of vehicles beyond
three creates an inferior traffic circulation pattern. A row of
vehicles east of the building will block access to the car wash
entrance from the front pumping areas and force the car wash
customer on to Lannon Drive. Ms. Rea would then be solving her
internal traffic circulation deficiencies by forcing business
traffic on to a public street. Ald. Taube finds this situation to
be unacceptable and not in the best interest of public safety.
Commissioner Hulbert findings are that the primary use of this
site is a service station (gas pumps, tire repair). The car wash
and vehicle sales were approved as accessory uses to the service
station. Approving an expansion of the vehicle sales would
intensify an accessory use to the point where it would become a
Commissioner Hulbert stressed that the petitioner's track record
second primary use; a development which is unacceptable.
at this location is less than admirable (referencing current
Pg. 3 Plan Commission Minutes 01/18/94
violations to past approvals). Commissioner Hulbert finds that
the intensification of the vehicle sales conflicts with area land
uses citing neighbor's complaints regarding the developing used
car lot. Commissioner Hulbert finds that the area is very
congested pointing out traffic at the daycare center, the
apartments, Pick N' Save Center all converge at this
intersection. Intensifying traffic congestion at this location by ,
approving this request will adversely impact public safety
concerns. Commissioner Hulbert concluded his finding by offering
more suitable site that is less congested. Two: allow two
two alternatives One: relocate the vehicles sales operation to a
additional vehicles at current location with a one year review in
March and annual reviews thereafter to determine compliance.
Commissioner Vitt finds that in consideration of site congestion,
allowing more than 10 vehicles would not be acceptable. As part
of a compromise, Commissioner Vitt suggested that landscaping be
added to the southern portion of the property to soften the
possibly a berm with vegetation. If the Commissioner approves
appearance along Lannon Drive and from the daycare center;
berms and asphalt parking areas must be a condition of
this request, he feels that landscaping including vegetated
approval.
Chairman De Angelis finds that the primary use of this site is
that of a gas/service station. The car wash and car sales are
secondary uses. Allowing an expansion of the car sales would
conflict with the primary use. Chairman De Angelis pointed out
that while ten vehicles may fit on this property, the site becomes
vehicles, with a one year review and additional landscaping may be
too cluttered. Chairman De Angelis finds that allowing five
acceptable.
Mr. Fohr responded to Commissioner's findings stating that he
would not consider moving to a location such as Pioneer Auto Sales
because he recognizes the benefit of the high traffic volume on
Lannon Drive and Janesville Road. Mr. Fohr suggested that the
City should intensify its efforts to modify Lannon Drive with a
turn lane; this will alleviate some traffic congestion. Mr. Fohr
stated that he has 1 customer every 3-4 hours for the used car
of traffic. Most of his car sales are done over the phone. Mr.
sales. This is not like a department store where there are a lot
Fohr feels that the Board of Appeals agreed with that 20 vehicles
for this location will be okay.
Commissioner Vitt asked why 3 vehicles was originally chosen in
January 1993. Chairman De Angelis the primary business is a gas
use to act as a supplement when business is slow. Mr. Fohr stated
station, with a car wash and the used car sales is an accessory
that there is no profit on the sale of gasoline and must stations
stated that the only stations that would be able to sell vehicles
sell convenience store items such as milk, bread, etc. Mr. Fohr 0 would be Johnny's Petroleum or Old Loomis Station. Mr. Fohr
Pg. 4 Plan Commission Minutes 01/18/94
stated that Johnny's currently has an accessory use of truck
parking.
Commissioner Hulbert stated that although Mr. Salentine or Ms.
Czaplewski have never contacted him, neighbors in the area have.
They are very concerned with the idea of additional vehicles for
sale at this location. Mr. Fohr stated his ancestors settled here
has been a member on the volunteer fire department for 38 years
in the 1800's. He currently lives in the original homestead. He
and on the City Hall board for approximately 28 years. Mr. Fohr
does not feel that he has ever run his operation poorly.
Commissioner Hulbert personally doesn't agree siting CUrrent
violations to past approvals.
Commissioner Raimann feels that the commissioners are not going to
agree to an increase in vehicles. He doesn't want to deny the
request, but he feels that it will not work at this location based
on his and other commissioner's findings.
Commissioner Honl made a motion to adopt as a disapproval,
Commissioner Raimann seconded. Upon a roll call vote, Resolution
voting nay and Commissioner Vitt abstaining due to his past
#P.C. 10-94 passed 5-1-1 as a disapproval with Chairman De Angelis
history on the Board of Appeals with the petitioner.
Rezone Property in the SW 1/4 of Section 16, College Square
RESOLUTION #P.C. 11-94 -- Recommendation of Approval to
Apartments, From RS-2 to RSM Zoning District By Mike Heise.
Commissioner Honl made a motion to adopt, Commissioner Smith
seconded. Chairman De Angelis stated that this project began in
1968 or 1969 and he proceed to give a brief history of the
property. Chairman De Angelis asked if the petitioner was
present. The petitioner was not present in the audience.
Commissioner Vitt asked if the the rezoning would encompass only
the existing multiple family. Chairman De Angelis indicated that
there is the availability for 7 additional units on this site.
Director Sadowski feels that there are pro's and con's to the
approval or disapproval. The approval would clear up a legal
nonconforming situation. Additionally, multi-family buildings and
directly adjacent to this property, on the west side on Racine
facilities exist at this location, multi-family uses already exist
Avenue, and a few hundred feet to the north. Against this
petitioner, as to the multi-family zoning directly adjacent to
this property, such zoning is along a main traffic arterial. The
typical application of multi-family zoning is along arterials or
as buffers between more and less intensive uses. This request
would represent an infusion of multi-family in a RS-2 single
family district.
Other multi-family in the area is part of an QPD which is
associated with an overall concept, acting as a buffer between
single family and commercial uses (as in the case of Woodcrest
Heights Subdivision).
t
Pg. 5 Plan Commission Minutes 01/18/94
Mr. Sadowski concluded his comments by pointing Out that the
request could be considered premature in that lands to the south
would be setting a precedent by allowing multi-family zoning to
have not developed yet. By granting this approval the Commission
penetrate this deep off of Racine Avenue into a single family
zoned area.
Commissioner Hulbert asked if the activity building is CUrrently
being used. Chairman De Angelis stated that it is used for
Commissioner Hulbert asked if Commissioner Raimann had any memory
storage. He also stated that it has never had an inspection.
of what had previously transpired with this at the Plan
Commission. Commissioner Raimann stated that in 1968 the
petitioner came in and stated that in order for a college to work
they must have the students and that is why the dorms (apartments)
were built first. If we grant this RSM then the lands to the
south will need a buffer.
Commissioner's Honl & Vitt were concerned if this piece is rezoned
if the petitioner would request for the remaining RS-2 parcel to
be rezoned. Commissioner Vitt feels that the approval of the
rezoning would go against the Comprehensive Plan Study. Chairman
De Angelis explained that a rezoning would bring this property
into conformity. If this property were to be destroyed as it is
zoned currently only single family dwellings would be allowed to
be built. Chairman De Angelis feels that it is a no win situation.
submitted. Chairman De Angelis stated that there were different
items involved in a 1980 lawsuit, but this point was not
addressed. Director Sadowski stated that Mr. Dykstra has issued
occupancy permits for the multiple family buildings. Ald. Taube
asked why the building that is being used as storage can't be
ticketed and dismantled. Chairman De Angelis stated that it is
not that easy. Chairman De Angelis stated that he did not feel
there was a benefit to the City to rezone this property.
The commissioners agreed in finding that the rezoning request is
premature. The commission did not want to set a precedent
indicating that the City would be in favor of additional multiple
family in this area when it would be in contrast to the
Comprehensive Plan. Commissioner Smith feels that the zoning
should remain as it is. Commissioner's Hulbert and Vitt agree
Hulbert suggested a OPD might be a better rezoning proposal.
that the property should not be rezoned to RSM. Commissioner
Commissioner Hulbert questioned whether the road reservation would
was developed. Chairman De Angelis indicated that it would be
have to be brought up to City standards if the land in the rear
required to be brought up to City standards. Upon a roll call
vote, Resolution #P.C. 11-94 was defeated unanimously.
Ald. Taube questioned why the buildings were not completed as
RESOLUTION #P.C. 12-94 -- Approval of Sketch for a Land 0 Apartments) located in the SW & SE 1/4 of Section 16. Ald. Taube
Division of Two Lots for Michael Heise (College Square
made a motion to adopt, Commissioner Vitt seconded. Chairman De
Pg. 6 Plan Commission Minutes 01/18/94
0 not present in the audience. Chairman De Angelis stated that a
Angelis asked if the petitioner was present. The petitioner was
this property. Director Sadowski stated that the division would
land division would create a greater degree of nonconforming of
consolidate the density to the one parcel, therefore causing the
District. If the rezoning had been approved the land division
parcel to further exceed the allowable density in the RS-2 Zoning
would have been appropriate. Chairman De Angelis asked if the
commissioners want to increase the degree of nonconformity as the
rezoning had not been approved.
Upon further discussion, Commissioner Honl made a motion to amend
# 5 of the THEREFORE BE IT RESOLVED, to read as follows: 5.
Dedication to City of 60 foot wide road to be extended to the
unnamed exteneion of Clearbrook Drive. Commissioner Vitt
Upon a roll call vote, Resolution #P.C. 12-94 was defeated
seconded. Upon a voice vote, the amendment passed unanimously.
unanimously.
RESOLUTION #P.C. 13-94 -- Approval of Certified Survey Map
for Two Lots for Michael Heise (College Square Apartments)
located in the SE 1/4 of Section 16. This item removed from
consideration due to the denial of Resolution #P.C. 12-94.
RESOLUTION #P.C. 14-94 -- Approval of Sketch for Land
Division for Two Lots for the City of Muskego located in the
Muskego Business/Industrial Park in the SW 1/4 of Section 16.
Commissioner Smith made a motion to adopt, Commissioner Raimann
where part of the original design. Chairman De Angelis explained
seconded. Commissioner Honl questioned whether these divisions
that when a individual is interested in purchasing land in the
Industrial Park the City then hires the engineers to do the
Certified Survey Map indicating'the land division. Commissioner
Honl asked if it is in good planning to have such small lots
rather than larger lots for the Industrial Park. Larger lots will
Angelis indicated that there are a number of 1 acre lots in the
have larger companies that employee more people. Chairman De
Industrial Park. Chairman De Angelis stated that the purchaser of
Lot 1 is planning on building three separate buildings and
subdividing the lot into three lots each having their own
building. The land division will have to be approved by the Plan
Commission prior to the division. Commissioner Vitt feels that
the smaller businesses may be better than the larger businesses in
marketability of Lot 2. He feels size would limit the
the instance of a bad economy. Ald. Taube is concerned with the
marketability of it. Chairman De Angelis pointed out that the
City currently has a party interested in the purchase of Lot 2.
Commissioner Honl asked why these lots weren't being divided
east/west instead of north/south. Commissioner Hulbert asked what
type of business would want such a small lot rather than a large
lot. 0
r
I Pg. 7 Plan Commission Minutes 01/18/94
Ald. Taube feels that the addition needs to have the standards
suggestion of division and feels that needs to be explored.
Commissioner Hulbert also would not be in favor of the land
division as proposed citing is not economically correct for the
City at this time with so little land left in the Industrial Park
Addition. Chairman De Angelis feels that this is a good proposal
considering this land is directly behind Delta Group and that
another buyer has previously backed out of a deal for this land.
Upon a roll call vote, Resolution #P.C. 14-94 was defeated 3-4
with Commissioner's Hulbert, Honl, & Smith and Ald. Taube voting
nay.
0 upgraded. Commissioner Vitt agrees with Commissioner Honl's
RESOLUTION #P.C. 15-94 -- Approval of a Certified Survey Map
Business/Industrial Park in the SW 1/4 of Section 16. This item
for Two Lots for the City of Muskego located in the Muskego
removed from consideration due to the denial of Resolution #p.C.
15-94.
RESOLUTION #P.C. 16-94 -- Approval of Sketch for Land
Division for Three Lots for the Citv of Muskeao located in the
Muskego Business/Industrial Park in-the SE l/i of Section 17.
Commissioner Smith made a motion to adopt, Commissioner Raimann
seconded. Commissioner Vitt was concerned whether an approval of
this division would create a similar situation to the previous
Resolution. Chairman De Angelis explained that Lot 2 also has an
#P.C. 16-94 passed unanimously.
option on it by Delta Group. Upon a roll call vote, Resolution
RESOLUTION #P.C. 17-94 -- Approval of a Certified Survey Map
Business/Industrial Park in the SE 1/4 of Section 17.
for Three Lots for the City of Muskego located in the Muskego
Commissioner Honl made a motion to adopt, Commissioner Smith
seconded. Upon a roll call vote, Resolution #P.C. 17-94 passed
unanimously.
RESOLUTION bP.C. 16-94 -- Approval of Sketch for Land
Division for the City of Muskego located in the Muskego
Business/Industrial Park in the SE 1/4 of Section 17.
Commissioner Smith made a motion to adopt, Commissioner Vitt
seconded. Ald. Taube asked if Mercury Drive is truly extended as
shown on this Certified Survey Map. Ald. Taube was also concerned
with the location of the creek compared to this division.
Commissioner Vitt questioned if the commission wanted to create a
this parcel to be divided. Chairman De Angelis stated that the
1.5 acre parcel. Ald. Taube asked if there is any floodplain on
extension of Mercury Drive was previously plotted prior Woodcrest
Heights Subdivision. Commissioner Raimann called for the
question. Upon no debate, the roll call was taken. Upon a roll
call vote, Resolution #P.C. 18-94 passed 6-0.
RESOLUTION #P.C. 19-94 -- Approval of a Certified Survey Map 0 for the City of Muskego located in the Muskego Business/Industrial
Park in the SE 1/4 of Section 17. Commissioner Smith made a
Pg. 8 Plan Commission Minutes 01/18/94
motion to adopt, Commissioner Honl seconded. Upon a roll call
vote, Resolution #P.C. 19-94 passed unanimously.
RESOLUTION #P.C. 20-94 -- Recommendation of the Plan
Commission to Amend ChaDter 18:11, Land Division Ordinance of the ~ ~ ~ ~~ ~~ ~ ~ ~~
Municipal Code. Commissioner Raimann made a motion to adopt,
Commissioner Smith seconded. Commissioner Vitt asked that the
proposal be explained. Chairman De Angelis stated that in May
1993 the City amended the Land Division Ordinance and made an
error by removing this section. This amendment is to fix the
error. Upon a roll call vote, Resolution #P.C. 20-94 passed
unanimously.
MISCELIANEOUS BUSINESS
Commissioner Vitt asked about Denoon Point Estates Subdivision.
Chairman De Angelis explained that the subdivision is on hold
because of the denial by the Town of Norway for sewer
allocations.
Commissioner Vitt recommended that a Plan Commissioner appear at
Commission decision. Chairman De Angelis is intending on
the Board of Appeals meeting if Mr. Fohr appeals the Plan
attending.
Commissioner Smith asked what it would entail to amend the Rules
and Regulations of the Industrial Park. Chairman De Angelis
stated that everyone in the Industrial Park would have to approve
of the changes.
Commissioner Raimann will on vacation until the first meeting in
April.
ADJOURNMENT
Commissioner Honl made a motion to adjourn the meeting at 9:45
p.m. Commissioner Raimann seconded. Upon a voice vote, the
motion to adjourn passed unanimously. &ii!k& Mqle%
jspectfully submitte
Recording Secretar