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PCM199606180 1 a e CORRECTED CITY OF MUSKEG0 PLAN COMMISSION MINUTES June 18, 1996 MINUTES OF PLAN COMMISSION MEETING HELD ON JUNE 18, 1996. Mayor De Angelis called the meeting to order at 7:05 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners' Vitt, Smith, Schaumberg, and Hulbert, Director Sadowski ABSENT: Commissioner Gummer Secretary reported that the meeting was properly noticed in accordance with the Open Meetings Law. MINUTES : Alderman Salentine made a motion to approve minutes from June 4, 1996 meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P,C. 74-96 -- Approval of Extraterritorial Certified Survey Map creating a one (1) lot land division for Peter Sanfelippo at the property located in part of the NW 1/4 delivered requested information to Plan Office. However, City of Section 4, Town of Norway. Staff stated that petitioner has Staff and Engineers are still concerned with the added congestion, the multiple residences and driveways that are being created. Commissioner Smith made a motion to amend the resolution to state, BE IT FURTHER RESOLVED, That further divisions of this property shall require the provision of a "T" intersection at the driveway access points to Muskego Dam Road. Commissioner Vitt seconded. Upon a voice vote the amendment passed unanimously. Upon a roll call vote, the Amended Resolution #P.C. 74-96 was adopted unanimously. Buildina Site and ODeration Plan for U.S. Oil Co., Inc. located RESOLUTION #P.C. 88-96 -- Approval of Conceptual at W187-57825 Lions- Park Drive in the NW corner of Lions Park Drive and Janesville Road. (Tax Key 2195.986). Awaiting completion of traffic study, City Engineers have deferred to Waukesha Co. DOT for their analysis. Alderman Salentine made a motion to defer this item, Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 88-96 was deferred unanimously. Map for the reconfiguration/expansion of a parcel owned by Virginia Habermeyer located at W183 58874 Racine Avenue in the RESOLUTION #P.C. 108-96 -- Approval of Certified Survey 06-18 PCMIN; PAGE 2 NW 1/4 of Section 21 (Tax Key NO. 2241.999.001). Mr. Wayne Salentine needed clarification that the southern strip of land touching Janesville Road not be expanded to 60'. Plan Commission agreed that the strip of land will remain as presented on the CSM. Commissioner Hulbert made a motion to defer until after rezoning public hearing which is scheduled seconded. Upon a voice vote, Resolution #P.C. 108-96 was for first council meeting in July. Commissioner Schaumberg deferred unanimously. MaD for a four (4) lot land division bv Richard Bennett at the RESOLUTION #P.C. 114-96 -- Approval of Certified Survey property located at S90 W13960 Boxhorn-Drive in the NE 1/4 of Commissioner Vitt made a motion to defer until wetland Section 23 and NW 1/4 of Section 24 (Tax Key No. 2254.998). Upon a voice vote, Resolution #P.C. 114-96 was deferred delineation is submitted. Commissioner Hulbert seconded. unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 118-96 -- Approval of Extraterritorial Certified Survey Map creating a two (2) lot and one (1) outlot Rosaline Banna at the property located in the NW 1/4 of Section land division by American Surveying Company, Inc., for John and 17 in the Town of Norway. Alderman Salentine made a motion to approve, Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 118-96 was approved unanimously. RESOLUTION #P.C. 119-96 -- Approval of Extraterritorial Certified Survey Map creating a one lot land division by Harold DeBack at the property located in the NE 1/4 of Section 12, Town of Norway. Alderman Salentine made a motion to approve, Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 119-96 was approved unanimously. NEW BUSINESS: RESOLUTION #P.C. 120-96 -- Approval of Review of Conformance to an Approved Building, Site and Operation Plan for Johnny's Petroleum Products Car Wash Facility located at S76 W17857 Janesville Road, (Tax Key No. 2196.975). Commissioner Vitt made a motion to approve, Alderman Salentine seconded. Discussion ensued by Attorney Schoeber, who appeared on behalf of the Strassers. Attorney Schoeber requested that Resolution #P.C. 94-96 be repealed. That the Strassers have been in resolution. Strassers are opposed to extending building, substantial compliance with temporary restrictions and original decibel readings for this and other similar sites in the area citing excessive costs. Tim O'Neil of Huff Co. reviewed indicating that noise levels at subject locations are the a 30 day trial period in which there would be 24 hour operation lowest he recorded for any site. Attorney Schoeber requested and 90 second blower time. Various residents from Bay Breeze 06-18 PCMIN; PAGE 3 Condo project spoke against the noise levels they are still incurring from the car wash. Mr. Ingersoll spoke for the Bay Breeze Condo Project and asked that the restrictions remain in effect, and also would like to see an extension of the with regards to noise levels. Dick Elliot, representing building. Also, Mr. Ingersoll presented a report from HNTB Kristen Downs Subdivision stated that to date, they are satisfied with steps taken by the Strassers to address their concerns. Commissioner Smith made a motion to amend resolution to state that the Strassers are in compliance with the original Conditional Use and original Resolution #77-95. Commissioner Schaumberg seconded. Commissioner Smith wished to withdraw her amendment after concern that her amendment included Resolution #P.C. 94-96. Commissioner Schaumberg would not agree to a withdrawal. Upon further clarification of Resolutions P.C. 77-95 and P.C. 94-96 Commissioner Smith restated her motion that the Plan Commission finds that Strassers are in compliance with Resolution #P.C. 77-95; Commissioner Schaumberg seconded. Upon a roll call vote motion approved 5 - 1 with Commissioner Hulbert voting no. Alderman Salentine made a motion to amend the resolution to state BE IT FURTHER RESOLVED, That the south doors of the car wash are to remain closed during washing operation. Commissioner Vitt seconded. Upon a voice vote the amendment passed unanimously. Commissioner Vitt made a motion that the third BE IT FURTHER RESOLVED..be amended to remove reference to P.C. 94-96. Commissioner Schaumberg seconded. It was moved by Commissioner first BE IT FURTHER RESOLVED, change shall/shall not to Shall not (building expansion); under the second BE IT FURTHER RESOLVED, change shall/shall not to shall not (lighting change). Motion was seconded by Alderman Salentine. Upon a voice vote, motion was approved unanimously. Commissioner Vitt made a motion to amend the resolution with an additional BE IT FURTHER RESOLVED, That the Strassers ate not willing to voluntarily reduce the hours of operation of the dryers. Motion seconded by Commissioner Hulbert. Upon a voice vote motion approved unanimously. Commissioner Vitt made a motion to again amend the resolution under THEREFORE BE IT unacceptable (efforts to address neighbor's concerns). FURTHER RESOLVED, changing acceptable/unacceptable to motion approved unanimously. Upon a roll call vote the Amended Motion seconded by Commissioner Hulbert. Upon a voice vote Resolution #P.C. 120-96 was passed unanimously. NOTE: Strasser's are agreeing to 40 H.P. now but if, in the future, higher H.P. is available that can maintain the same decibel level as the 40 H.P. that would act as a nonsubstantial change to the Conditional Use not requiring a public hearing. 0 Vitt to further amend the resolution as follows: under the a M~D for Harold DeBack for a one lot land division for the RESOLUTION #P.C. 121-96 -- Approval of Certified Survey property located south of W182 S9292 Parker Road in the SW 1/4 06-18 PCMIN; PAGE 4 and SE 1/4 of Section 21 (Tax Key No. 2243.994). Commissioner Vitt made a motion to approve, Commissioner Hulbert seconded. Alderman Salentine made a motion to amend resolution to state BE IT FURTHER RESOLVED, That soil boring tests for on site sanitary disposal system must be submitted by petitioner. Commissioner Vitt seconded. Upon a voice vote the amendment passed unanimously. Upon a roll call vote, Amended Resolution #P.C. 121-96 passed unanimously. two (21 lot land division and reconfiguration of a parcel owned RESOLUTION #P.C. 122-96" Approval of Sketch creating a by Mark Darkow located at S67 W18607 Pearl Drive in the SW 1/4 of Section 4 (Tax Key Nos. 2175.047 and 2175.048). Alderman Salentine made a motion to approve, Commissioner Schaumberg seconded. Discussion ensued regarding creating lots of equal size; this was decided not to be necessary. Commissioner Smith motioned to amend the resolution to state THEREFORE BE IT FURTHER RESOLVED, To approve the lot configuration as submitted. Commissioner Vitt seconded. Upon a voice vote Amended Resolution #P.C. 122-96 passed unanimously. the amendment passed unanimously. Upon a roll call vote the RESOLUTION #P.C. 123-96 -- Disapproval of conceptual rezoning From Exclusive Agricultural (EA) to Highway Business SE 1/4 of Section 34 (Tax Key No. 2296.998). Alderman (B-4) for George L. Steinhaus for the property located in the Salentine made a motion to approve, Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 123-96 was approved unanimously for disapproval. RESOLUTION #P.C. 124-96 -- Approval of a 20' X 36' Accessory Structure for Dennis Rau at the property located at SllO W20424 Denoon Road. Alderman Salentine made a motion to approve, Commissioner Hulbert seconded. Commissioner Schaumberg motioned to amend resolution to add a third BE IT FURTHER RESOLVED, That the petitioner is directed to the Board of Appeals, if height, square footage and offsets are requested not within code allowances. Alderman Salentine seconded. Upon a voice vote the amendment passed with a vote of 5-1, with Commissioner Hulbert voting no. Upon a roll call vote, Amended Resolution #P.C. 124-96 passed unanimously. RESOLUTION #P.C. 125-96 -- Approval of a Temporary Sales Trailer for Burke Properties at the property located between lots 44 and 45 at the end of Walter Hagen Drive in the Champion's Village Subdivision Located in the NE 1/4 of Section 25. Mr. Scott Krause was present to discuss his petition. Commissioner Schaumberg motion to approve, Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 125-96 was passed unanimously. RESOLUTION #P.C. 126-96 -- Approval of Conceptual Rezonings of Properties Located in Areas Associated with the Loomis Road, North Cape Road, U.S. HWY 45 Sewer Projects in the 06-18 PCMIN; PAGE 5 NE 114, SW 1/4 and SE 1/4 of Section 25 and Authorization to Schedule a Zoning Public Hearing for Affected Properties. Hulbert seconded. Director Sadowski reviewed the zoning options Alderman Salentine made a motion to approve, Commissioner for the area based on staff review, property owners input, and the Comprehensive Plan. Commissioner Hulbert motioned to amend resolution in THEREFORE BE IT RESOLVED, eliminate the phrase "attached exhibit" and add in its place "map entitled RS-2 which it is recommended to be rezoned RS-1, and the 'Alternate Zoning' excepting those areas which are proposed entire triangle area between Loomis Road and the WEPCO Vitt seconded. Upon a voice vote, the amendment passed right-of-way which is recommended to be B-4. Commissioner unanimously. Upon a roll call vote, the Amended Resolution #P.C. 126-96 passed unanimously. MISCELLANEOUS BUSINESS: Commissioner Hulbert questioned the update of Parkland Mall -- Mayor De Angelis thought he would have some answers at the end of the week or beginning of next week. Commissioner Schaumberg questioned if Moorland Road project was on schedule -- Mayor De Angelis said that construction is scheduled to begin early 1997. Commissioner Hulbert wondered about the southern routes of Moorland and Mayor De Angelis answered that the current routes have been denied, and the City is exploring alternative routes. Commissioner Vitt would like to see continued support by Council that the Commission members have the ability to discuss when requesting BSO approvals. and review the business aspect of new development in the area Commissioner Smith felt that Johnny's Petroleum should not have been brought in front of this Commission. ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 12:03 AM, Alderman Salentine seconded. Upon voice vote, motion carried. With no further business to come before the Commission, the meeting adjourned. Respectfully submitted, Recording Secretary Sandra S. Asti