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PCM19950321CORRECTED TWICE CITY OF MUSKEGO PIAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON MARCH 21, 1995 Mayor David DeAngelis called the meeting to order at 7:lO pm. Hulbert, Schaumberg, Smith, Vitt and Director Matthew Sadowski and PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners' Carlos Trejo, Assistant of Planning E, Zoning. ABSENT: Commissioner Honl (excused) Secretary reported that the meeting was properly noticed. MINUTES: Commissioner Hulbert made a motion to approve the Minutes of the March 21, 1995, meeting. Commissioner Schaumberg seconded. Upon a voice vote, the motion to adopt passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 18-95 -- Approval of amended Building, Site Road. (Mediterranean Gardens) Deferred from March 7, 1995. and Operation for the property located at 575 W17358 Janesville Mr. Jifas asked to place his wall up to the neighbor's dwelling unit because the property has an existing six (6) foot fence, stating this would save him costs. Mr. Jifas also stated that he would be installing a single sided decorative concrete block rather than double sides, and the decorative side would face the neighboring property. Discussion ensued over whether the petitioner would be allowed to change the conditions previously approved. Director Sadowski presented a change in the parking pattern from what was stated in the original resolution. Instead of having traffic going clockwise, Director Sadowski proposed that traffic go counter-clockwise, thus maintaining existing traffic flow. Discussion ensued over the flow of traffic. Commissioner Vitt made a motion to change the first THEREFORE BE IT RESOLVED to state: THEREFORE BE IT RESOLVED, ... 1. A decorative single faced ...; and a third BE IT FURTHER RESOLVED, to read as follows: Be IT FURTHER RESOLVED, ... That the single sided decorative concrete block be located six (6) inches off the amendment passed five (5) to one (l), with Commissioner Hulbert lot line . .. Commissioner Smith seconded. Upon a voice vote the opposed. Further discussion ensued over the flow of traffic on the lot. Upon a role call vote amended Resolution #P.C. 18-95 passed unanimously. 0 Pg. 2 Plan Commission Minutes 03/21/95 RESOLUTION #P.C. 17-95 -- Approval/disapproval of a sketch for an additional 80 dwelling units along Overlook Bay Court. (Overlook Bay Phase I1 Concept) Deferred from March 7, 1995. Alderman Taube made a motion to defer, Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 17-95 was deferred. CONSENT AGENDA: RESOLUTION #P.C. 27-95 -- Approval of Temporary Sign for Pick 'N Save located at S74 W17005 Janesville Road. Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. Alderman measure six (6) feet by eight (8) feet..., Commissioner Vitt Taube made a motion to amend the second WHEREAS to state: ... to Upon a roll call vote, the amended Resolution #P.C. 28-95 passed seconded. Upon a voice vote, the amendment passed unanimously. unanimously. RESOLUTION #P.C. 28-95 -- Approval of Temporary sign by Mitchell Savings Bank for the NW corner of CTH "Y" & CTH "L". Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 28-95 passed unanimously. 0 NEW BUSINESS: RESOLUTION #P.C. 29-95 -- Disapproval of Conditional Use W194 ,58464 Providence Way. Alderman Taube made a motion to adopt, Grant to allow a Mother-in-Law Unit for the property located at Commissioner Vitt seconded. The petitioner's lawyer requested this item be deferred, pending clarification of items listed in the resolution and proposed that a site visit be conducted. Director Sadowski stated that staff attempted to contact the petitioner to conduct an inspection, but no response was received. Commissioner Schaumberg made a motion to defer pending a site Upon a voice vote, Resolution #P.C. 29-95 was deferred. inspection by Director Sadowski, Commissioner Hulbert seconded. RESOLUTION #P.C. 30-95 -- Recommendation for the renewal of the permit for the Conditional Use Grant #37 and the approval for Crowbar Road - Payne & Dolan. Alderman Taube made a motion to the renewal for the continued operation of the asphalt plant on adopt, Commissioner Schaumberg seconded. Director Sadowski mentioned Building and Planning Department staff was kept in good condition. had made a site inspection on March 14, 1995, and stated the site Discussion ensued over the tons per hour excavated and how the City would enforce it. a Pg. 3 Plan Commission Minutes 03/21/95 Upon a roll call vote, Resolution #P.C.30-95 passed unanimously. RESOLUTION #P.C. 31-95 -- Recommendation of Approval for the renewal for the Conditional Use Grant for Extractive Sand and Glockner. Commissioner Smith made a motion to adopt, Gravel Operation at S71 W13219 Tess Corners Drive for J. Commissioner Vitt seconded. Director Sadowski noted a good amount of progress has been made on the site, but there are still several points that still need to be addressed. These included: 1) the above ground fuel tanks, 2) the location of the dumpster for the landscaping operation, and 3) the removal of fill. Discussion ensued over requiring quarterly inspections at the site and having Director Sadowski and the petitioner, Mr. Glockner, discuss ways in addressing clean up at the site. Commissioner Hulbert motioned to defer, Alderman Taube seconded. Upon voice vote, Resolution #P.C. 31-95 was deferred. Kennel for Stan A. Zdanczewicz located at W182 S9292 Parker RESOLUTION #P.C. 32-95 -- Approval to renew permit for Dog 0 Drive. Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski cited that he had made a site visit on March 14, 1995, and observed a collapsed structure on the lot and the original approved dog kennels appeared unused. Director Sadowski further stated that as of today, upon site inspection, the collapsed structure no longer was on the property and the old kennels were now in use. The petitioner was not present at the meeting. Alderman Taube motioned to defer, Commissioner Vitt seconded. Upon a voice vote, Resolution #P.C. 32-95 was deferred. RESOLUTION #P.C. 33-95 -- Approval to Renew permit for Dog Kennel for Lee Shane located at S92 W19918 Henneberry Drive. Hulbert seconded. Commissioner Schaumberg made a motion to adopt, Commissioner Director Sadowski cited that he conducted a site inspection of the site on March 14, 1995. He stated the site was in compliance. Petitioner was not present. Upon a roll call vote, Resolution #P.C. 33-95 was approved unanimously. for Jack & Marvin Strasser located at 576 W17871 Janesville Road RESOLUTION #P.C. 34-95 -- Approval of renewal of Truck Parking Pg. 4 Plan Commission Minutes 03/21/95 (Johnny's Petroleum). Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski cited that he conducted a site inspection of the site on March 14, 1995. He stated the site was in compliance. Upon a roll call vote, Resolution #P.C. 34-95 passed unanimously. Commissioner Smith had to leave for the remainder of the meeting. Parkina of Semi-Tractor Truck with Trailer for John Krabbenhoft RESOLUTION #P.C. 35-95 -- Approval and Review and Renewal of locate; S83 W20618 Janesville Road. Commissioner Hulbert made a motion to adopt, Commissioner Vitt seconded. Director Sadowski asked that the zoning assistant inform the Commission over the resolution. Stating after conducting a site inspection on March 15, 1995, the semi tractor and trailer were parked along the drive where they had been delineated. Concern was expressed over the piles of firewood at the rear of the parcel The petitioner's son stated that the firewood was for house heating purposes only and was not for sale. Discussion ensued over the storage of firewood. Upon a voice vote, Resolution #P.C. 35-95 passed unanimously. RESOLUTION #P.C. 36-95 -- Approval of Renewal of Outdoor Commissioner Vitt made a motion to adopt, Alderman Taube secon Storage for the Property located at S83 W18550 Saturn Drive. de d. Director Sadowski cited the need for corrections on the resolution boats on the west lot line and the painting of parking strips. as read. After an inspection, Director Sadowski noted two (2) Discussion ensued over the conditions approved under the previous owner. Petitioner noted that when he purchased property from the previous owner, he was not aware of the conditions limiting the number of parking stalls and restrictions on striping. Corrections were made on the resolution, including the change of address to state 583 W18550 Saturn Drive. Other corrections elimination of the end portion of the first THEREFORE BE IT included the third WHEREAS ... asphalting have been ...; the changing the date in the second THEREFORE BE IT RESOLVED to read: RESOLVED ... subject to all ... prior to November 15, 1993.; ... with review in March 1996., and the removal of the third THEREFORE BE IT RESOLVED. Commissioner Vitt motioned to add a fourth BE IT FURTHER RESOLVED state: BE IT rmRTHER RESOLVED that all parking strips for the call vote, amendment passed unanimously. storage of cars be removed, Alderman Taube seconded. Upon a roll m Pg. 5 Plan Commission Minutes 03/21/95 Upon a voice vote, amended Resolution #p.C. 36-95 passed unanimously. RESOLUTION #P.C. 37-95 -- Recommendation of Approval to Agriculture to A Agriculture by Harold Deback. Commissioner Rezone Property in the SW & SE 1/4 of Section 21 from EA Exclusive Schaumberg made a motion to adopt, Alderman Taube seconded. Chairman De Angeles note a change to the name on the resolution from Kenneth Purdy to Harold Deback. Director Sadowski cited that the petitioner's request was in compliance with the city's comprehensive plan. Upon a roll call vote, Resolution #P.C. 37-95 passed unanimously. Legal Lot Status of Lot 24 of the Unrecorded Mill Valley RESOLUTION #P.C. 38-95 -- Recommendation of Approval of Subdivision. (Lyon's Property - Gold Drive) Commissioner Vitt made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski cited that the subject lot is substandard in width, but the lot does exceed the square footage requirements. The lot also reflects the same configuration as other lots on School Drive. Based on the above data, Director Sadowski cited that the Planning Department recommends approval. 0 Upon a roll call vote, Resolution #P.C. 38-95 passed unanimously. RESOLUTION #P.C. 39-95 -- Approval of Sketch creating a Three Lot Land Division bv Tom Wernette located in the SE 1/4 Section - 11. (Restful1 Lane and Bluhm Drive) Commissioner Hulbert made a motion to adopt, Alderman Taube seconded. wished to subdivide the parcel into three (3) parcels, with two The zoning assistant informed the commission that the petitioner (2) accessing Bluhm Drive. Currently there is a resolution restricting access onto Bluhm Drive, and the Department had concerns over the location of the 100 year floodplain and whether the lots were buildable. The petitioner stated that he had turned into the Planning Department a survey map indicating the square footage of the lots and elevation indications showing that the floodplain would not infringe on the buildable area of the lots. The petitioner further stated that currently another parcel across from his is permitted access onto Bluhm Drive. Alderman Taube made a motion to amend the second BE IT FURTHER RESOLVED to state: BE IT FURTHER RESOLVED, That all wetlands and floodplain elevations would be ..., Commissioner Vitt seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote the amended Resolution #P.C. 39-95 passed four (4) to one (l), Commissioner Schaumberg voting nay. Pg. 6 Plan Commission Minutes 03/21/95 RESOLUTION #P.C. 40-95 -- Approval of Sketch creating a Two Lot Land Division located in the NE 1/4 of Section 19 of the Art Dyer Property. (Hillendale Drive) Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. Director Sadowski cited that the request is within the comprehensive plan. Also, a similar approval was given to the property owner to the west. Director Sadowski also stated that the property was not sewered and questioned if there would be sufficient square footage for both lots. Alderman Taube made a motion to amend a third BE IT FURTHER RESOLVED stating: BE IT NRTHER RESOLVED that the property receive a favorable perk test and that upon separation of the two (2) properties, the parent property not become non-conforming. Commissioner Hulbert seconded. Upon a voice vote, the amendment passed unanimously. Upon a roll call vote, amended Resolution #P.C. 40-95 passed unanimously. RESOLUTION #P.C. 41-95 -- Disapproval of Revised Sketch of a Land Division and rezoning of the property located in the SE 1/4 motion to disapprove, Commissioner Vitt seconded. Section 17, Woods Road. (Kendall Breunig) Alderman Taube made a Director Sadowski cited that the density of the proposed land division falls within the density calculations stated in the City's comprehensive plan and the petitioner has reduced the number of duplexes from six (6) to four (4). Furthermore, there extended through the wetlands in the area. Director Sadowski also is a question in regards to whether the sewer lines can be stated that the neighbor to the west, Ms. Ryback has issued a letter no longer in support of the parcel division. The petitioner, stated he was not aware that Ms. Ryback was no longer in support and asked for the chance to remove the request and given time to come up with a new proposal. Upon a roll call vote, Resolution #P.C. 41-95 passed unanimously as a disapproval. and Operation Plan by George Webb Inc. located at S74 W17005 Janesville Road. (Pick N' Save/Walgreen's Shopping Center) Alderman Taube made a motion to adopt, Commissioner Hulbert seconded. RESOLUTION #P.C. 42-95 -- Approval of amended Building, Site The Zoning Assistant, Carlos Trejo, inform the Commission thatthe Planning Department had concerns over draining of the landscape strip along side the greenhouse addition, the parking and parking island at the west end of the site, and the lack of plant specifications that were submitted in the landscape plan. The petitioner, Dan Prowl, presented the proposal to the Planning Commission. He also acknowledged the Planning Department's concerns and stated his firm would work on them. t Pg. 7 Plan Commission Minutes 03/21/95 Discussion ensued over the dumpsters in the back, whether they were visible from the greenhouse and whether they could be put behind the shopping center. Further discussion ensued over the need for additional landscaping behind the shopping center. Alderman Taube made a motion to amend the seventh WHEREAS to an additional fourth BE IT FURTHER RESOLVED stating : BE IT state: WHEREAS ... internally lit red colored letters... and add FURTHER RESOLVED that additional review of the dumpster be required and that a landscape plan be submitted and reviewed by vote, the amendment passed unanimously. Upon a roll call vote, the Plan Commission. Commissioner Vitt seconded. Upon a voice the amended Resolution #P.C. 42-95 passed unanimously. and Operation Plan by Emerald Park, Inc. for the property located RESOLUTION #P.C. 43-95 -- Approval of amended Building, Site at W124 510629 124th Street. Commissioner Vitt made a motion to adopt, Commissioner Schaumberg seconded. Director Sadowski described the proposal to the Planning Commission and introduced a letter dated March 17, 1995, from Scott Krause of Muskego Lakes Country Club. Chairman De Angeles read the letter into the record. Said letter outlined suggested operational alterations to make the proposal more acceptable. The petitioner provided a presentation of the proposed expansion on the site, including a new office building, additional ensued over the architecture of the building. landscaping, and a berm along US 45 for screening. Discussion Chairman De Angeles pointed out that the landfill agreement is silent in relation to the proposed truck parking and opened the floor for discussion. One citizen voiced against having a truck terminal in neighborhood. Mr. Bartes, Chairman of the EPI Standing Committee, cited that no truck terminal operation had been proposed in the original agreement, operation hours had been originally set for 6:30 AM, would be generated from the site. and cited concerns over additional odor, debris, and noise that Mr. Dibb, an area resident, expressed concerns over the traffic and traffic noise the site would generate. Ms. Margeret Wertz, an area resident, expressed concerns over noise, smell, and traffic. Ms. Janet Boehm, an area resident, expressed concern that allowing incline others to want the same. one industry in the area having a twenty (20) hour operation would Mr. Dick Mittelstaedt, an area resident, stated a rental tenant has expressed concerns over the expansion of the landfill operation and is subject to move if approved. I Pg. 8 Plan Commission Minutes 03/21/95 0 Mr. Harvey Schweitzer, an area resident, cited that the Commission should have consistency in its approval of resolutions, citing city responsible for the health and well-being of area residents, and that a dilapidated structure exists on the acquired property and no attempt has been made by the petitioner to clean up. Jeff Arbinger, an area resident, stated that the landfill should be an unacceptable use in the area that the petitioner has not met previous obligations that have been set, re.: drainage canal from Emerald Park to Big Muskego Lake. Ed Herda, an area resident, expressed that the southeast area of the City has voiced it is not in support of such development and questioned how this operation fits within the City's comprehensive plan. Alderman Dumke cited concerns of the waste generated on the site, how approval the truck terminal would lead others to want the property values. same, and the adverse effects the operation has had on surrounding Discussion ensued over the original operation approved at the site. I that in Resolution #P.C. 34-95, the original contract cites the 0 The petitioner, stated that $60,000 has been allocated to the drainage project for Big Muskego Lake, they are also looking into the clean up of the dilapidated house, and stated the proposed operation is within the permitted uses set in the City's zoning ordinance. operation, stated his company was understandable to the area In the petitioner's defense, Mr. Ross Kenny, associate to the resident's feelings, but the clay surface of the site permits appropriate landfill use, the closest resident is 800 feet from the operation, that the trucks do not leave all at once, and that it is a permitted use by zoning. Upon a roll call vote, the Resolution #P.C. 43-95 was defeated unanimously. MISCELLANEOUS BUSINESS the McDonald's at Janesville Road and Racine Avenue. He stated an Director Sadowski briefed the Plan Commission on the status of agreement had been reached over fire access concerns voiced by the Fire Chief. Furthermore, McDonald's has turned the opening of the dumpster from facing the parking lot to facing the new Sentry store. Board had looked at the idea of extending the bike trail onto the MSI General site all the way to the McDonald's and Kwik Trip parcels. The Board is concerned that the depth and width of the ditch may not make the extension feasible. Commissioner Hulbert informed the Commission that the Parks Pa. 9 Plan Commission Minutes 03/21/95 Commissioner Hulbert made a motion to adjourn the meeting at 11:15 motion to adjourn passed unanimously. With no further business to p.m., Commissioner Schaumberg seconded. Upon a voice vote, the come before the commission, meeting was adjourned. Respectfully submitted, &LJ fzz i / Carlos Tre jo Recording Secretary