The URL can be used to link to this page

Plan Commission 100521packetCITY OF MUSKEGO PLAN COMMISSION AGENDA 10/05/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES Approval of the Minutes from the September 7, 2021 meeting. Plan Commission Minutes 09072021.pdf CONSENT BUSINESS RESOLUTION PC 063-2021 Approval of a One-Lot Certified Survey Map located at the end of Crystal Drive / Tax Key Nos. 2288.996.003 and 2287.999.004. PC 063-2021 SUPPLEMENT.pdf PC 063-2021 MAP.pdf PC 063-2021 RESOLUTION.pdf PC 063-2021 SUBMITTAL.pdf RESOLUTION PC 062-2021 Approval of a Metal Accessory Structure for Del Darga located at S98 W20412 Parker Drive / Tax Key No. 2277.996.016. PC 062-2021 SUPPLEMENT.pdf PC 062-2021 MAP.pdf PC 062-2021 RESOLUTION.pdf PC 062-2021 SUBMITTAL.pdf OLD BUSINESS FOR CONSIDERATION RESOLUTION 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. PC 056-2021 SUPPLEMENT.pdf PC 056-2021 MAP.pdf PC 056-2021 RESOLUTION.pdf PC 056-2021 SUBMITTAL.pdf NEW BUSINESS FOR CONSIDERATION PC 060-2021 Discussion of Conceptual Land Division for Autumn Penn, LLC. located on the north side of Ryan Drive across from St. Andrews Condominiums / Tax Key No. 2255.979.002. 1 PC 060-2021 SUPPLEMENT.pdf PC 060-2021 MAP.pdf PC 060-2021 SUBMITTAL.pdf RESOLUTION PC 061-2021 Approval of a Building, Site and Operation Plan Amendment for Milk Can Hamburgers & Frozen Custard located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006. PC 061-2021 SUPPLEMENT.pdf PC 061-2021 MAP.pdf PC 061-2021 RESOLUTION.pdf PC 061-2021 SUBMITTAL.pdf RESOLUTION PC 064-2021 Approval of a Platted Preservation Easement Alteration for Paul and Jane Wagner located along Oakridge Lane / Tax Key Nos. 2172.062 and 2172.063. PC 064-2021 SUPPLEMENT.pdf PC 064-2021 MAP.pdf PC 064-2021 RESOLUTION.pdf PC 064-2021 SUBMITTAL.pdf MISCELLANEOUS BUSINESS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. 2 UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 09/07/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster and Gazzana, Planner Trzebiatowski. Absent: Graf and Oliver. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes from the July 15, 2021 meeting. Approval of the Minutes from the August 3, 2021 meeting. Commissioner Buckmaster made a motion to approve the minutes. Commissioner Gazzana seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 059-2021 Approval of a Two-Lot Extraterritorial Certified Survey Map for the Kintop property located in the Town of Norway. Alderman Madden made a motion to approve the consent business . Commissioner Bartlett seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. 3 Planner Trzebiatowski provided a history of this annual review. Frey Auto has been in the current location since 2011 and have been subject to annual reviews. Over the past few years there has been more non- compliance. Beginning with the 2019 annual review there has been repetitive non-compliance of the site. Additional reviews/site inspections have occurred via six-month, three month and monthly reviews/inspections. Violations found continually include vehicles parked in unmarked areas, vehicles double and triple parked making access difficult, vehicles parked in drive aisles, vehicles parked on grass, vehicles parked on an adjacent property that we believe belong to this business, junk vehicles on the site which is not allowed, across the street and car parts stored in various locations on-site. Violations were found on each monthly site visit. Based on the history of the site inspections, there are two options as noted by staff. First is issuing a citation backdated to March 22, 2021. The citation is not an automatic fine, but this would start the process of going through the court system . A second option would be to begin the process to terminate the Conditional Use Grant (CUG). This would include the Plan Commission recommending a Public Hearing in front of the Common Council and then it would be their decision to terminate the CUG. Mr. Frey explained that he is frustrated due to the letters being sent. One month is not enough time. Something has to be changed. He had a storage location across the street, but after they were told the cars must be removed and so the cars went to the gas station. He had an official storage site and was paying rent and Mr. Frey doesn’t care if it was legitimate. He met with a general contractor that built his current building. That general contractor was immediately shut down by the City to pave the remaining area of the lot. The contractor also gave him another plan with fencing but he does not want any fencing. He spoke with Alderman Madden about buying the gas station. He would be lying if he said there would be less cars in a month. The only plan he thinks will work is to buy the gas station and put a fence around it. He can’t move the cars to another City. If he paid $2000 per car he’s not going to junk them for $500. He’s trying to make progress on the number of cars. Mayor Petfalski said that he is trying to hope the problem goes away without a plan. The last thing the Plan Commission wants to do is to fining or beating up on businesses but there is no improvement month to month. The area is not zoned for a junkyard. This area will be the next viable business route to expand businesses. Commissioner Gazzana said that he is buying more cars than selling. Planner Trzebiatowski said that when the contractor discussed this with him, he explained that the Plan Commission may not allow expanding the parking stalls when the sales portion is not the issue, but rather it is the parts cars, or whatever they are, are the issue. In fact, the sales area looks good and hasn’t been part of the issue. Alderman Madden did suggest that he purchase the gas station. At the moment it is the perfect spot and with a nice fence it wouldn’t be horrible and when everything gets settled on his property he can sell it to someone else. He has a successful business, but just doesn’t plan things out well. Mayor Petfalski added that he is not suggesting that the Plan Commission design his solution, but rather here to react to what is presented. The Mayor went over the options including 1. Do nothing, 2. Fine him, 3. Move on his conditional use, or 4. Give him some time to come up with a plan and come back to the Plan Commission. Planner Trzebiatowski explained that with a citation to get some teeth behind decision, then Mr. Frey has mutually agreed upon milestones and the court can work on the timeframe to ensure that Mr. Frey follows a plan. Commissioner Gazzana explained that there has to be a specific plan with bench marks with significance to ensure the plan is followed. Mr. Frey asked about the property next door. Planner Trzebiatowski explained that if used to store cars it is not a sales operation, but rather acting as a big salvage yard. 4 Commissioner Buckmaster loves that he is successful, but we expect everyone to play b y the rules. The best route would be a plan, but not sure the Plan Commission is the body to decipher how it is cleaned as that would be the court. He is not interested in moving forward with a recommendation to terminate the CUG. Commissioner Gazzana asked if the Plan Commission move forward with citation could a written plan be included. Planner Trzebiatowski said that yes, but we could go through with the citation but not put the court date next month. Commissioner Buckmaster said that this is a plan developed by Mr. Frey not the Plan Commission. Mr. Frey needs to come up with a plan with milestones. Planner Trzebiatowski discussed how a citation process would likely work in providing Mr. Frey time to clean up the property with minimal fine as well as the scenario of what happens if Mr. Frey does not comply with the court order. Mayor Petfalski said another option would be to give Mr. Frey a month to come back with a plan to that the Plan Commission can help with benchmarks and he can move forward with. If the benchmarks are met, everyone can move on, but if not then it would go the citation route. Alderman Madden made a motion to approve Resolution PC 056-2021. Commissioner Bartlett seconded. Commissioner Buckmaster made a motion to defer PC 056-2021 until October 5, 2021. Alderman Madden seconded. Motion to defer passed unanimously. RESOLUTION PC 057-2021 Recommendation to Common Council for to Rezone a property from RS-1 – Suburban Residence District to RS-2 Suburban Residence District of the property located at S81 W20871 Russet Court. Planner Trzebiatowski provided an overview of the project. The process has been modified due to Waukesha Freeman publishing capabilities and the statutory requirements of a rezoning. This is in front of the Plan Commission prior to the Public Hearing. This was before the Plan Commission previously as a conceptual review. Overall the proposal is from RS-1 to RS-2 with ten lots and one outlot for stormwater management. Ms. Bolton, W186 S7543 Kingstone Drive, explained that she is against going from RS-1 to RS-2 as most of the properties around this property are RS-1. This is more of the rural area not the downtown. The wetland fill goes before the DNR. The water from the stormwater pond will need to go somewhere. The lots would essentially be cut in half from 40,000 sq. ft. to 20,000 sq. ft. Jon Marek, the developer, clarified that the rezoning would go from 30,000 sq. ft. lots to 20,000 sq. ft. lots and would go cause the development to go from eight lots to ten lots making the development more economically feasible. For the stormwater, they believe the existing pond to be man-made but it is filled with invasive species. The new pond on the low point of the property would be located in the southeast corner of the property. They would be able to fill 10,000 square feet of wetlands now, but would be asking to be able to fill 5,000 more square feet from the DNR. The existing wetlands are actually up on the higher portion of the land. Commissioner Buckmaster was calculating 8 lots with RS-1 and 10 lots with RS-2. Nick W egner, W208 S8119 Hillendale, said he has no problem with a subdivision but rather he does have an issue with how it is laid out. He owns property next door and he asked 11 years ago and was told that he would not be able to rezone his property to subdivide his six acres. He hunts and uses his property for conservation. The pond area actually fills up every year. The statement that the wetland area is high is incorrect according to a survey and his property. If that wetland is filled the water will go towards another property. By Wisconsin DNR rules, if a house is placed on each lot he loses his ability to do what he purchased the property for 11 years ago. He does not agree with rezoning. 5 Commissioner Gazzana wanted confirmation that now he could do eight lots, but with rezoning he could develop ten lots. Confirmed by the developer. Mayor Petfalski interjected that even if the rezoning is approved, all of the grading, drainage and stormwater will be reviewed by the engineering department. Julie Strande, S81 W20871 Russet Court, owns this property and her parents built the house 18 years ago. She can attest that there are very few years that the wetland area fills up. Commissioner Bartlett made a motion to approve Resolution PC 057-2021. Commissioner Gazzana seconded. Motion to approve passed unanimously on a roll call vote 5-0. PC 058-2021 Discussion of Conceptual Land Division for John Wahlen of the Glen at Park Highland, LLC. located at S66 W17626 Martin Drive / Tax Key Nos. 2173.995, 2173.996.001 and 2173.995.001. Planner Trzebiatowski provided an overview of the conceptual plan. Historically it was the Nike Missile control site and more recently the Reynolds Machine Shop. The proposal includes 45-lot single family subdivision with four outlots. Overall, normal single-family lots but set up like a condo with amenities like a clubhouse, pool, bocce court and association fees would include yard maintenance and snow. They are asking for a Planned Development based on the RS-3 zoning district. Waivers would include lot size (10,000 sq. ft.); lot width (80 feet); 25’ front setback; 10 percent floor area ratio, and 65% lot area as open space. The developer is also looking for excess right of way and to expand the pond in Park Arthur for stormwater. Deb Bolton, W186 S7543 Kingstone Drive, is opposed to the development. Reasons include RS-3 and then going with 2/3rds of the lot size; redirecting storm water into the City’s pond and maintenance responsibility; the Comprehensive Plan is not spelled out to not be this dense and this is what is approved right now; Kirkland Crossing next door is RS-2 and what is proposed is too dense; and the Martin Drive right of way was there for a reason and she is in constant fear driving that curve and there may be a need to widen Martin Drive. Commissioner Buckmaster explained that this is excessively dense for the area. Commissioner Gazzana likes the idea of the amenities but has serious issues with 10,000 sq. ft. minimum and with the small lot you would need 35% floor area to fit the house. Commissioner Bartlett has considerable issues with density especially being a former resident of Copper Oaks across the street. Alderman Madden likes everything about except the size of the lots. Mayor Petfalski loves the concept. Kirkland Crossing rezoning was a struggle being approved and this is half of that development. John Wahlen, the developer explained that they overspent on the property to ensure that the ground was properly cleaned from the previous industrial use. A video presentation was shown where Mr. Wahlen he pointed out a similar development in Cedarburg with similar lot sizes, ponds/fountains and plantings, lack of fences with a clubhouse and pool. Mr. Wahlen explained they are not trying to shift burden or expense of the pond, but rather to enlarge the existing and make it nicer. Trying to develop something that is sharp and classy and a little different that what is next door. The same size lots are not necessary along the entire northern portion of the City. Mayor Petfalksi explained that the Plan Commissions reluctance to this development is not due to the fact that it is a quality development. The amenities are nice and everyone seems to like the that aspect but 6 that doesn’t mean that it fits into this community. It is this size and this density that has no room in the Code right now and there doesn’t seem to be the willingness to include something like this in the Code. Alan Peters, of the development team explained this would be a fee simple neighborhood where owners own individual lots with the services of a condo association. As a condo neighborhood, the lot size discussion is in the background as the entire lot is looked at as a who le development. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 7 City of Muskego Plan Commission Supplement PC 063-2021 For the meeting of: October 5, 2021 REQUEST: One (1) Lot Land Division – Certified Survey Map W198 S10856 Racine Avenue / Tax Key Nos. 2287.999.004 & 2288.996.003 SE ¼ of Section 32 PETITIONER: Matthew Hilmer INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 063-2021 The petitioner is proposing to split approximately 6.76 acres (294,681 SF) from the existing 3 acre and 95.5-acre parcels via Certified Survey Map (CSM). The proposed remnant parcels will then be approximately 1.85 acres and 90.15 acres in size. When remnant lots are greater than 20 acres they do not need to be included on the CSM so only the smaller 1.85-acre outlot is shown. PLAN CONSISTENCY PC 063-2021 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RS-2 Suburban Residence District. This zoning requires minimum lot sizes of 40,000 SF and an average lot width of 220 feet as municipal sewer is not available. Each lot will also have at least 80 feet of frontage on a dedicated right-of-way. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. Street System Plan: Right-of-way is being dedicated to extend Crystal Drive. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot will be serviced with private septic system. The proposal is consistent with the plan. Water Capacity Assessment District: The lot will be serviced via the private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will need to determine if a grading plan and/or stormwater management is required as part of the land division or upon construction of the new home. 8 DISCUSSION PC 063-2021 Upon initial review of the CSM, the bulk requirements of the code appear to be met. The main issue with the proposed CSM is the extension of the right-of-way and improvements for Crystal Drive. Crystal Drive currently ends in a cul-de-sac. The petitioner has requested and received a waiver from the Public Works and Safety Committee to the requirement that the public roadway improvements be constructed to the extent of their development prior to final approval of the CSM. Public improvements include the base course, asphalt pavement, storm sewer and curb and gutter. The petitioner is willing to dedicate the proper right-of-way for extending Crystal Drive with the land division. The petitioner, or owner of this property will be responsible for their share of the public improvement costs at such time that the road is extended for any future development. The Crystal Drive right-of-way is proposed to be extended to the extent of the new lot being created. The right-of-way then dead ends into the center of Outlot 1 as identified on the CSM. Staff will need to review the right-of-way dedication to determine if it would be in the best interest of the City and planning for the future to extend the right-of-way to the east end of the outlot. This would create a second outlot, but would also be available for possible extension for further development if it would occur. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 063-2021 Approval of Resolution PC 063-2021 9 RACINE AVE M U S K E G O D A M D R C RY S TA L D R KEL SEY DR S D EN O O N R D N O RT H S H O R E D R RED OAK CT CHARLES CT E A S T S H O R E D R O R I O L E L N BLUEBIRD LN WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 500 1,000 Feet Matthew HilmerW198 S10957 Racine Avenue RESOLUTION #PC 063-2021Supplemental Map Prepared by City of Muskego Planning Department 10 RESOLUTION #P.C. 063-2021 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE DEBACK PROPERTY AS PROPOSED BY MATTHEW HILMER LOCATED AT W198 S10856 RACINE AVENUE / TAX KEY NO. 2287.999.004 AND 2288.996.003 WHEREAS, A Certified Survey Map (CSM) was submitted by Matthew Hilmer for the Deback property for a one (1) lot land division located at W198 S10856 Racine Avenue / Tax Key Nos. 2287.999.004 and 2288.996.003, and WHEREAS, The proposed lot is approximately 6.76 acres (294,681 SF) in size in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of 40,000 SF with a minimum average width of 220 feet per lot as municipal sewer is not available, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed lot is consistent with the plan, and WHEREAS, The lot will be served by a private water well, and WHEREAS, The lot will be served by a private septic/mound system, and WHEREAS, The remnant lots are approximately 1.85 acres and 90.15 acres in size, so only the smaller lot is included on the CSM as an outlot, and WHEREAS, The Public Works and Safety Committee approved a waiver from the requirement that the public roadway improvements be constructed to the extent of their development prior to final approval of the CSM, and WHEREAS, Staff will need to review the right-of-way dedication to determine if it would be in the best interest of the City and planning for the future to extend the right-of-way to the eastern edge of the proposed outlot. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Matthew Hilmer for a one (1) lot land division located at S67 W21885 Racine Avenue / Tax Key Nos. 2287.999.004 and 2288.996.003, subject to technical corrections as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, The petitioner, or owner of the new lot will be responsible for their share of the public improvements costs at such time that the road is extended for any future development. BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, The petitioner may be responsible for additional right-of-way pending the outcome of staff review of extending the right-of-way to the eastern property line of Outlot 1. BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 11 12 City of Muskego Plan Commission Supplement PC 062-2021 For the meeting of: October 5, 2021 REQUEST: Metal Accessory Structure Tax Key No. 2277.996.016 / S98 W20412 Parker Drive NE ¼ of Section 30 PETITIONER: Del Darga INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 062-2021 The petitioner proposes to construct a new accessory structure on site that measures 40’ x 63’ with a smaller approximately 7’ x 17’ ‘front porch’ area (2,641 square foot total). This building will be clad in metal with a metal roof. Plans are attached for your review. Plan Commission may waive the architectural requirements for accessory structures when any of the following are met: 1. The structure is screened from view, 2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications to an accessory structure, 3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the property or its surroundings, 4. When the area is found not to be predominately residential. Plan Commission may approve the materials as submitted, or require modifications prior to release of building permits. PLAN CONSISTENCY PC 062-2021 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned A-1 Agriculture District. Accessory structures totaling 6,877 square feet are permitted on the subject property. The current proposal measures 2,641 square feet in area. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 062-2021 The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. The petitioner is proposing a steel siding and a steel roof on the accessory structure. The existing house is constructed with lap siding with asphalt architectural shingles. Planning Commission approval is being sought due to the difference of materials. The accessory structure would be located where alongside the existing house set back from Parker Drive approximately 150 feet. The accessory structure is planned to have light grey siding to closely match the house grey color with a charcoal grey wainscoting charcoal grey colored roof to match the dark asphalt shingle roof. The accessory structure will also include a ‘front porch’ or entranceway into the accessory structure to provide a 13 residential feel along with multiple windows and a residential service door. In order to look more consistent to the home a stone veneer at the front elevation and trim accents will be also be incorporated. Two overhead garage doors will be facing east towards the existing house. Windows will be located on three of the four sides of the building leaving no windows facing the neighboring properties to the west. The proposed height of the building is approximately 18 feet to the midpoint, which is within the allowable height based on the size of the lot. The Resolution states the following items: BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for business storage. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific portion is only to be used by animals. BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the main home. BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home. STAFF RECOMMENDATION PC 062-2021 Approval of Resolution #PC 062-2021 14 PA R K E R D R MA D Y S O N C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 250 500 Feet Del DargaS98 W20412 Parker Drive RESOLUTION #PC 062-2021Supplemental Map Prepared by City of Muskego Planning Department 15 RESOLUTION #P.C. 062-2020 APPROVAL OF AN A METAL ACCESSORY STRUCTURE FOR THE DARGA PROPERTY LOCATED IN THE NE 1/4 OF SECTION 30 (TAX KEY NO. 2277.996.016 / S98 W20412 PARKER DRIVE) WHEREAS, A survey and building drawings were submitted to construct a 2,641 square foot accessory structure on the property located at S98 W20412 Parker Drive (Tax Key No. 2277.996.016), and WHEREAS, The property is zoned A-1 Agriculture District and said structure is a permitted accessory use, and WHEREAS, The proposal does not meet the Plan Commission’s standards for administrative approval of residential accessory structures as metal exterior materials being proposed on the accessory structure, and WHEREAS, The total square footage for accessory structures on this property is limited to 6,877 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The accessory structure will be used for personal storage only, and WHEREAS, The proposed survey indicates the accessory structure will be set back approximately 150 feet from the right-of-way, and WHEREAS, The accessory structure is planned to have light grey siding to closely match the house charcoal grey wainscoting and roof that will closely match the dark asphalt shingle roof, and WHEREAS, Two windows will face the road with windows on three of the four sides of the building leaving no windows facing the neighboring properties to the west, and WHEREAS, In order to look more consistent to the home a stone veneer at the front elevation and trim accents will be also be incorporated, and WHEREAS, A residential service door, windows and two overhead doors will be located on the walls with an entrance or ‘porch’ to provide a residential feel to the building, and said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 2,641 square foot accessory structure for the Darga property located at S98 W20412 Parker Drive (Tax Key No. 2277.996.016). BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home. BE IT FURTHER RESOLVED, The building cannot be used for the operations of any business activities. BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific portion is only to be used by animals. BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to those on the main home. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 16 17 18 19 20 21 22 City of Muskego Plan Commission Supplement PC 056-2021 For the meeting of: October 5, 2021 (Deferred from September 7, 2021) REQUEST: Six Month Review for Frey Auto S107 W16311 Loomis Road / Tax Key No. 2293.996.002 NE ¼ and SE ¼ of Section 34 PETITIONER: Planning Division INTRODUCED: October 5, 2021 LAST AGENDA: September 7, 2021 PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 056-2021 Frey Auto, at this current location, has been subject to annual reviews since 2011 and longer at a previous location. Due to repeated failed site inspections at annual reviews, the Plan Commission has required more frequent site inspections and compliance reviews. The petitioner received amended approvals via Resolutions #PC 036-2011, #PC 036-2012, #PC 025-2014 and #PC 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4 and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • Signage and banners displayed on vehicles for sale is prohibited, except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as required by State Law. At the September 7, 2021 meeting the Plan Commission deferred this review until October to allow the petitioner to come up with a plan on how he change/modify the operations of the site to conform to the Conditional Use Grant conditions of approval. The petitioner has submitted a plan to try to purchase property within a close proximity from a neighbor to construct a “holding lot” to store vehicles that will become ready for retail/wholesale operations. This would mean that vehicles that need work in order to sell would be stored in the holding lot until such time that they are fixed, or repaired and ready for sale. The holding lot would have a gravel surface and be fenced with minimal lighting, a power security gate and security cameras. Trees, shrubs and bushes will be planted along the visible perimeter. The project would be completed in nine months. In order for this to occur, the existing property would need to be divided to create the lot that would be purchased. Additionally, the site of the holding lot is currently zoned A-1 Agriculture with a conditional 23 rezoning to B-4 Highway Business District pending the approval of a Building, Site and Operation Plan for All Star Rentals. The B-4 District lists “Service and sales establishments for automobiles, including body repair shops and used car lots, but not including the storage of junked or wrecked automobiles ” and parts as a permitted use by Conditional Grant. However, this will be a holding lot of vehicles not ready for sale, meaning this would be storage of junked or wrecked automobiles. Therefore, approval of a new rezoning to M-2, which allows Junkyards or salvage yards as a Conditional Use Grant would be required. A copy of the petitioner’s plan is attached. The remainder of this Supplement is from the last meeting. Likewise, the Resolution has not been changed from last month to continue discussion. STAFF DISCUSSION PC 056-2021 Beginning at the 2019 annual review, Frey Auto has not been in compliance with the approved Conditional Use Grant. Due to this, the following steps have been undertaken: - For the March 2020 Plan Commission meeting, at the initial compliance inspection there were multiple violations found. A letter was sent to the petitioner and a week later the site passed a site inspection. The Plan Commission still required a six-moth review via Resolution PC 006-2020 and a letter was sent notifying the petitioner of subsequent site inspection. - For the September 2020 Plan Commission meeting, a compliance inspection occurred and issues/violations were found. A letter was sent and at the follow-up inspection the same issues remained. The Plan Commission then required a three-month review to consider possible suspension/revocation of the Conditional Use Grant in Resolution PC 053-2020. - For the December 2020 Plan Commission meeting, a compliance inspection occurred and issues/violations were found. In Resolution PC 075-2020 the Plan Commission again required a three- month review to consider possible suspension/revocation of the Conditional Use Grant. - For the March 2021 Plan Commission meeting, a compliance inspection occurred and issues/violations were found. A letter was sent and at the follow-up inspection the site was found to be complying with the initial Conditional Use Grant. Even with this temporary compliance, based on the past non-compliance, the Plan Commission still scheduled a six-month review with monthly site inspections to ensure compliance was continued to be found, via Resolution PC 009-2021. Based on the requirements above, monthly site inspections have taken place over the past 6 months. The inspection on March 22, 2021 found multiple violations including vehicles parked in areas that are either not marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant for traffic and emergency access, vehicles parked on the grassy area, and many vehicles believed to be owned by Frey Auto parked in the site previously used by the petitioner. Additional site inspections occurred monthly as directed by the Plan Commission on April 22, 2021, May 17, 2021, June 23, 2021, July 27, 2021 and August 18, 2021. Each site visit found identical violations from the originally approved Conditional Use Grant. Additionally, several of the inspections found junked vehicles on-site and vehicle parts stored outdoors and not within the fenced area where these unsightly parts/junk vehicles are allowed to be stored. As you will see from the monthly inspections noted above and through the entire past history of this site, compliance has never been found at the first inspection. In the case of the 6 monthly inspections, compliance was never found, even with compliance violation/reminder letters being sent after each site inspection. Due to the extensive periods of continued non-compliance, there are several options that the Plan Commission may consider moving forward. The options to consider include any or all of the following: 1. Direct staff to issue citations back dated to March 22, 2021, since that is when the most recent round of non-compliance inspections/violations occurred. The citations could be issued for failure to follow the approved BSO and/or CUG for the property and for unsightly outdoor storage. When citations are issued, each day that a violation has occurred/continues constitutes a separate offense for each separate citation. 2. The Plan Commission could recommend to the Common Council to terminate the Conditional Use Grant for Frey Auto due to continued non-compliance. This solution will not allow the petitioner to operate and business activities on-site until compliance is achieved and they re-submit a plan for the 24 Plan Commission to discuss and approve. If the CUG were terminated, then the City would be required to contact the State DMV to alert the that the City’s approval for said dealership is no longer valid. Due to the continued disregard for the conditions of approval of the original Conditional Use Grant, staff recommends both the issuance of citations and the recommendation for termination of the CUG. It is obvious that ramping up the Plan Commission reviews to six-month or even three-month reviews where the petitioner sometimes appears, and other times does not, is not achieving any compliance by the petitioner. The amount of time that the Plan Commission members and City staff have exhaust on trying to achieve site compliance on this property has been strenuous and not the most officiant use of tax dollars. Based on the discussion above, the Resolution is drafted requiring the two above noted final compliance items, but the Plan Commission should discuss/amend the Resolution as they feel fit. STAFF RECOMMENDATION PC 056-2021 Approval Resolution # PC 056-2021, subject to the compliance requirements noted in the Resolution. 25 L O O M I S R D LO O MIS D R M U S K E G O D A M D R L O O M I S R D WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Frey AutoS86 W16301 Loomis Drive RESOLUTION #PC 056-2021Supplemental Map Prepared by City of Muskego Planning Department 26 RESOLUTION #P.C. 056-2021 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34 (TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD) WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road (Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C. 055-2014, and WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the approval, and WHEREAS, Approved plans permit the following: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • Signage and banners displayed on vehicles for sale is prohibited, except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be visible as required by State Law, and WHEREAS, Beginning at the 2019 annual review Frey Auto has not been in compliance with the approved Conditional Use Grant, and WHEREAS, Due to repeated failed site inspections, more frequent inspections and reviews were requested by the Plan Commission, and WHEREAS, At the March 2, 2021 Plan Commission meeting, a required was added to Resolution PC 009-2021 requiring monthly site inspection, for 6 months, and WHEREAS, Site inspections were conducted March 22, 2021, April 22, 2021, May 17, 2021, June 23, 2021, July 27, 2021 and August 18, 2021 where noncompliance was found at all inspections and violation letters were sent each time to the business owner, and WHEREAS, Noncompliance violations/issues include vehicles parked in areas that are either not marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant for traffic and emergency access, vehicles parked on the grassy area, junked vehicles on-site and vehicle parts stored outdoors, and many vehicles believed to be owned by Frey Auto parked in the site previously used by the petitioner. THEREFORE BE IT RESOLVED, The Plan Commission denies the annual review for Frey Auto due to continued noncompliance of the original Conditional Use Grant conditions of approval. BE IT FURTHER RESOLVED, The City will issue citations with fines dating back to March 22, 2021 for failure to follow the approved BSO and/or CUG for the property and for unsightly outdoor storage. BE IT FURTHER RESOLVED, The Plan Commission recommends the Common Council begin the process of terminating the Conditional Use Grant for Frey Auto pursuant to Section 400 -162 of the Municipal Code. 27 BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the Building Department and all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Department City of Muskego Adopted: Defeated: Deferred: Introduced: September 7, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 28 1 Aaron Fahl From:Adam Trzebiatowski Sent:Monday, September 27, 2021 2:15 PM To:Aaron Fahl; Rick Petfalski Subject:FW: Frey Automotive FYI ‐ JJ's Plan ‐‐‐‐‐Original Message‐‐‐‐‐ From: JJ Frey <jj@freyauto.com> Sent: Monday, September 27, 2021 1:58 PM To: Adam Trzebiatowski <ATrzebiatowski@cityofmuskego.org> Subject: Frey Automotive CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Adam, With regards to compliance, the main plan I have to once and for all alleviate the yearly issues I have is to purchase some land directly across the street from Ludwigs Cabinet shop on Muskego Dam road. Mike Erikson from Allstar rentals currently owns about 15 acres there and would be willing to sell me a couple acres. I would work with Keller as a general contractor and design an acceptable fenced in holding lot. Vehicles that will be made ready for retail/wholesale operations will be stored in this holding area. It would be completely fenced in and illuminated at night(minimally). I would grade it with the intent to block view of the inside contents as much as possible from the surrounding roads. I would install a power gate(privacy) for entrance and security cameras would be in stalled. The whole lot would be gravel with yearly roundup applications to keep vegetation at bay. The appropriate trees, schrubs and bushes would be installed around the visible perimeter. I have already spoken with the one neighbor directly behind and he is ok with the plan. It would be large enough to eliminate a large percentage of vehicles on my lot now to make even current middle of the day operations stay in compliance. The fence company I spoke with said they are 9 months out so this project should be complete by next spring. Depending on frost levels the grading, gravel, lights and fences could be completed sooner. As I spoke of in the last planning meeting the other option would be to buy the old gas station and fence in and gravel the whole area. At this time there is a open DNR case on that property so the purchase of the property would likely be delayed. I spoke with the owner(my previous landlord) and we were not able to come to a price agreement as of yet. He had the property reassessed and pays taxes on $120k. Because of this I think we may never agree on a price for the property anyway. The proposal I spoke of with the new area is within close proximity to me and would not upset regular business operations day to day unlike a similar project would on a property in a different city or even 5 miles away. This proposal would in fact make many more day to day operations flow smoother and I ensure the city would not have to do monthly inspections of Frey Automotive any more. I would ask for serious consideration of my proposal as the sooner it could be approved the sooner Frey Auto would not be in non‐compliance with the city anymore! Thank you, J.J. Frey 29 2 Frey Automotive LLC. ‐‐ This email has been checked for viruses by AVG. https://www.avg.com 30 City of Muskego Plan Commission Discussion PC 060-2021 For the meeting of: October 5, 2021 REQUEST: Conceptual Land Division – Autumn Penn Subdivision (formerly known as Golf View Estates) Ryan Drive / Tax Key No. 2255.979.002 SW ¼ of Section 24 PETITIONER: Brian Schoenleber and Daniel Rickert INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 060-2021 The petitioner has submitted a conceptual land division proposal to develop a single property along Ryan Drive into 19 single-family lots with open space and trails utilizing the Conservation Planned Development District within the Municipal Code. The reason for the conceptual review is to solicit general comments, but more specifically to also solicit specific comments relating to possible CPD – Conservation Planned Development rezoning and associated requests. The petitioner is requesting conceptual discussion to get comments from the Plan Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual master plan and to answer any questions. PLAN CONSISTENCY PC 060-2021 Comprehensive Plan: The current 2020 Plan depicts the area for low density residential uses (0.5 – 0.99 units/acre). A yield plan was submitted showing fifteen (15) lots that results in approximately 0.66 units/acre of gross land area. The proposal is consistent with the plan. Zoning: The bulk of the development is currently zoned RSE Suburban Estate District. The RSE district requires lots to be at least 40,000 square feet in area with a minimum average width of at least 150 feet, when serviced with municipal sanitary sewer. The yield plan is consistent with the current zoning. The proposed concept is to rezone the property to CPD – Conservation Planned Development District with the base zoning of RS-2 Suburban Residential district that typically requires lots to be at least 20,000 square feet in area with a minimum average width of at least 110 feet. As part of the possible future CPD request, the applicant will be seeking a density bonus of four lots for a total of nineteen (19) lots. 31 Park and Conservation Plan: The wetland area within the development has been identified as a Medium priority conservation area. The concept plan indicates the area would remain open space. Additionally, the Park and Conservation Plan indicates a distant priority trail connection extending from Ryan Road to Boxhorn Drive. The concept plan indicates a multiuse trail north to south the extent of this development in addition to two smaller private trails through the subdivision leading to wildlife viewing/picnic areas. The proposal will be consistent with the Plan. Street System Plan: All interior right-of-ways are proposed to be dedicated to the proper widths and a road stub connection is being provided to the property to the north and east to ensure possible road way expansions/connections down the road if the neighboring property were to ever develop. The proposal will be consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: There currently is public sanitary sewer along Ryan Drive. The applicant would need to contact the Utilities Department to ensure capacity is available. Water Capacity Assessment District: The municipal water system is currently located in Ryan Drive. The applicant would need to contact the Utilities Department to ensure capacity is available. DISCUSSION PC 060-2021 The development for discussion is located on the north side of Ryan Drive between Boxhorn Drive and North Cape Road. The land is currently vacant and used for agricultural purposes with high-tension wires from American Transmission Company (ATC) extending from the northern limits of this development south to Ryan Drive. A 125-foot easement is located beneath the power lines. Access to the new development is from Ryan Drive and would extend through the development to the northern property line. A stub off of the main road will extend to the east property line. These stubs will provide access to future developments allowing for a cohesive neighborhood if/when the adjacent lands are developed. Staff is going to be recommending that the new roadway be designed to include curb and gutter. As is noted above, the applicant would be seeking a CPD – Conservation Planned Development rezoning based on the RS-2 base zoning district. As part of the CPD, the petitioner will be seeking four (4) bonus lots. Pursuant to the code, parcels less than 40 acres in area are eligible for up to four bonus parcels. Bonus parcels should be awarded based on the following criteria: 1. Providing for access by the general public to trails, parks, or other recreational facilities. - A trail extension is shown extending the length of the subdivision within the 125’ ATC easement. The trail would be public. The two trails to the wildlife viewing/picnic areas would be private trails. 2. When practical, reusing existing buildings and structures which incorporate rural or agrarian themes, including but not limited to those sites inventoried by the State Historical Society of Wisconsin. 3. Preservation of environmental features identified in the adopted Parks and Conservation Plan and any other significant environmental features found in the platted area. Preservation may include a minimum fifty-foot to seventy-five-foot setback from the environmental features identified. - The wetlands have been identified as a medium priority conservation area in the Parks and Conservation Plan. Any setback from the wetlands will extend onto the rear portion of the residential lots. 4. Restores native prairie and provides a management plan for perpetual maintenance. 32 5. Improves water quality through stormwater management standards and practices that exceed the minimum standards of Chapter 309, Stormwater Management, of the City Code and as approved by the City Engineer and the Public Works and Safety Committee. - All stormwater management will be reviewed and approved by the engineering department to ensure all stormwater management requirements are met. 6. Restores or enhances the functional classification of wetlands using techniques approved by the United States Department of Agriculture Natural Resources Conservation Service, Wisconsin Department of Natural Resources, or the Conservation Coordinator. Enhancement techniques may be performed by third parties (i.e., City, DNR, etc.). 7. Provides 50% or more of the gross acreage as open space in the development. (Rights-of-way shall not count towards open space requirements. Stormwater outlots may count towards open space requirements, subject to Plan Commission approval, when they are subject to deed restrictions, easements, or open space management plans.) - A significant area of wetlands will account for the majority of the open space. There is also a community garden area and play area identified as open space. The exact percentage of open space has not yet been provided. 50% open space must be met. 8. Provides for preserving larger tracts of agricultural workable land in perpetuity and provides a management plan for perpetual maintenance. 9. As opposed to wetlands or other nonbuildable areas, open, buildable land may be counted as more meaningful preservation for purposes of awarding bonus lots. - As previously noted areas being preserved include the wildlife viewing/picnic areas, the community garden area, play area and the area for the private trails. In addition to the open space for the development, in a CPD there will be 75% of each lot will be required to remain open space. The Plan Commission should discuss if they feel they would be able to provide a positive recommendation on the rezoning request and if any bonus lots are applicable. If bonus lots are being awarded, a recommendation for the number of bonus lots. Note – The Plan Commission only provides a recommendation for rezonings and the Common Council makes the final decision on all rezoning requests. The concept plan shows a large wetland area in the south and east portions of the proposed development. The wetlands are preserved within an outlot. As shown, the wetland setback would stretch onto the rear of at least three private lots. Stormwater management area is not shown and must be accounted for with this development. Depending upon the location of the stormwater management area, usable open space may be impacted and reduced. All applicable stormwater management requirements will need to be met for any future development. DIRECTION PC 060-2021 The Plan Commission should discuss what they think about the overall concept and if they think they may be receptive to recommending approval for a CPD rezoning for this development in addition to if, and how many, bonus lots should be awarded. The current concept only works, as presented, if the rezoning would be granted. The petitioner will be present at the meeting to further explain the project and to answer any questions. No formal approval or denial will be given at this meeting and no guarantees can be made. This conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would like to take the next step and eventually apply for a formal rezoning and preliminary plat, the comments received at this meeting must be addressed as part of the formal submittal. 33 R YA N D R FAIRWAY LN S T A N D R E W S D R B R O O K VIE W C T OLD COURSE WAY W A LT E R H A G E N C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 300 600 Feet Brian Schoenleber and Daniel RickertGolf View Estates #PC 060-2021Supplemental Map Prepared by City of Muskego Planning Department 34 S8 7 ° 3 2 ' 0 3 " W 8 4 1 . 0 0 ' N1°24'59"W 786.06' N8 7 ° 3 3 ' 1 1 " E 2 3 7 . 9 4 ' N1°26'22"W 504.42' N8 7 ° 3 3 ' 3 5 " E 6 0 2 . 1 3 ' S1°28'20"E 1290.11' 12 5 ' AUTUMN DRIVE HA R V E S T W A Y RY A N D R I V E 60. 0 ' N8 7 ° 3 3 ' 1 1 "E 2 3 7 .9 4 ' 1 .7 N1°26'22"W 504.42' AUTUMN DRIVEMTUDRRIVNDNMNMUUAA S8 7 ° 3 S °3 2' 0 3 " W 8 4 1 . 0 0 ' 03 0 N1°24'59"W 786.06'78°24 12 5 ' HA R V E S T W A Y S HARAA VEE AWWWAAA STSTSTSTSTSTSTTT 60. 0 ' 60 0 MU S K E G O , W I GO L F V I E W E S T A T E S SI T E I M P R O V E M E N T P L A N S F O R C200 NO . R E V I S I O N S B Y D A T E PLAN DATE 10.13.2020 SHEET NO. SCALE 0 50' 20-0028 PROJECT NO. CO N C E P T P L A N DESIGNED BY NJO ISSUED FOR REVIEW 35 S8 7 ° 3 2 ' 0 3 " W 8 4 1 . 0 0 ' N1°24'59"W 786.06' N8 7 ° 3 3 ' 1 1 " E 2 3 7 . 9 4 ' N1°26'22"W 504.42' N8 7 ° 3 3 ' 3 5 " E 6 0 2 . 1 3 ' S1°28'20"E 1290.11' 12 5 ' AUTUMN PENN DRIVE HA R V E S T W A Y RY A N D R I V E 60.0 ' MU S K E G O , W I GO L F V I E W E S T A T E S SI T E I M P R O V E M E N T P L A N S F O R C200 NO . R E V I S I O N S B Y D A T E PLAN DATE 10.13.2020 SHEET NO. SCALE 0 50' 20-0028 PROJECT NO. CO N C E P T P L A N DESIGNED BY NJO ISSUED FOR REVIEW 36 City of Muskego Plan Commission Supplement PC 061-2021 For the meeting of: October 5, 2021 REQUEST: Approval of a Building, Site and Operation Plan Amendment (BSO) for Milk Can Hamburgers & Frozen Custard S73 W16770 Janesville Road / Tax Key No. 2198.984.006. NW ¼ of Section 10 PETITIONER: Jared Eggener of MOO Inc 2 dba Milk Can Hamburgers & Custard. INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 061-2021 Milk Can Hamburgers & Frozen Custard is seeking a Building, Site and Operation (BSO) Plan amendment to allow for a small covered shelter to be located at the start of the drive thru lane that will provide shelter for an employee as they are taking orders from vehicles in the drive thru. CONSISTENCY WITH ADOPTED PLANS 061-2021 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is consistent with the plan. Zoning: The property is zoned B-4 Highway Business District and the proposed amendments are consistent with the code. STAFF DISCUSSION PC 061-2021 As is noted above, Milk Can Hamburgers & Frozen Custard is seeking approval to allow for a 4’ x 8’ x 8’ tall shelter for an employee to be located while taking drive thru orders directly from the vehicles in the drive thru lane. The shelter will have three sides, being open on one side for direct access to the vehicles. There will be a roof on the shelter to protect from the weather elements (sun, wind, rain, snow, etc.). The structure is constructed of rough-sawn beams and boards with a galvanized corrugated roof. The reclaimed barn boards and corrugated roof match the building and overall theme of the store. There will be no power or plumbing in the shelter. There are no other exterior changes to the building proposed. If any lighting or signage is proposed separate reviews and permits will be required. Overall, staff feels this small shelter will not become a nuisance, it matches the materials and theme of the building, it is located away from the parking stalls alongside the drive thru lane, and it will assist with the operations of the business. STAFF RECOMMENDATION PC 061-2021 Approval of Resolution PC 061-2021 37 J A N E S VIL L E R D PARKLAND DR BRIARGATE LNPARKLAND DR WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Milk Can Hamburgers & Frozen CustardS73 W16770 Janesville Road RESOLUTION #PC 061-2021Supplemental Map Prepared by City of Muskego Planning Department 38 RESOLUTION #P.C. 061-2021 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR MILK CAN HAMBURGERS & CUSTARD LOCATED IN THE NW ¼ OF SECTION 10 (S73 W16770 JANESVILLE ROAD / TAX KEY NO. 2198.984.006) WHEREAS, A submittal was received from Jared Eggener of MOO Inc 2 dba Milk Can Hamburgers & Custard for a Building, Site and Operation Plan Amendment (BSO) located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006, and WHEREAS, The petitioner is proposing a small covered shelter to be located at the start of the drive thru lane that will provide shelter for an employee as they are taking orders from vehicles in the drive thru, and WHEREAS, The shelter will be 4’ x 8’ x 8’ tall for an employee to be located while taking drive thru orders directly from the vehicles in the drive thru lane, and WHEREAS, The shelter will have three sides, being open on one side for direct access to the vehicles and will have a roof to protect from the weather elements (sun, wind, rain, snow, etc.), and WHEREAS, The structure is constructed of rough-sawn beams and boards with a galvanized corrugated roof to match the building and overall theme of the store, and WHEREAS, There will be no power or plumbing in the shelter, and WHEREAS, There are no other exterior changes to the building proposed. THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan amendment for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006. BE IT FURTHER RESOLVED, Any additional exterior renovations or site/sign modifications will require a new Building, Site and Operation Plan Amendment. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Denied: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 39 40 41 42 City of Muskego Plan Commission Supplement PC 064-2021 For the meeting of: October 5, 2021 REQUEST: Platted Preservation Easement Alteration Lots 32 and 33 of the Oakridge Glen Subdivision / Tax Key Nos. 2172.062 and 2172.063 SE ¼ of Section 3 PETITIONER: Paul & Jane Wagner INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 064-2021 The petitioner’s request is to alter the platted preservation easement on Lots 32 and 33 of the Oakridge Glen Subdivision. Originally the Oakridge Glen Subdivision was approved with a preservation easement that encompassed a large wooded area within the subdivision area and allows disturbance within specific building pads on each residential lot. DISCUSSION PC 064-2021 The intent of the petitioner is to combine lots 32 and 33 within the Oakridge Glen Subdivision in order to build their home. The design of the home is too wide for a single lot, hence the need for two lots. Between the two lots is an extension of the preservation easement that encompasses the standard offsets of the lots. The petitioners request would remove the 1,714 square feet of preservation easement between the two lots and add 1,718 square feet of preservation easement along the outside offsets. The total square footage of the preservation easement will remain essentially the same (within 4 square feet) but would create somewhat larger preservation easement areas on either side rather than a 35’ strip in the middle of two lots. The Planning Division does not see any major problems/issues with the requested platted preservation easement alteration. In fact, removing the preservation easement from between the lots allows for larger areas of preservation easement on the outsides of the combined lots. All of the restrictions listed on the plat including the grading, stormwater and preservation easement remain applicable for the new preservation easement areas. As such, staff is recommending approval of the easement alteration. STAFF RECOMMENDATION PC 064-2021 Approval of Resolution PC 064-2021 43 OAKRIDGE LN CHAMBER LAIN HILL DR COYOTE TRL CHESTNUT RIDGE CT WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Paul & Jane WagnerLot 32 & 33 Oakridge Lane RESOLUTION #PC 064-2021Supplemental Map Prepared by City of Muskego Planning Department 44 RESOLUTION #P.C.064-2021 RECOMMENDATION TO COMMON COUNCIL TO ALTER A PLATTED PRESERVATION EASEMENT ON LOTS 32 AND 33 OF THE OAKRIDGE GLEN SUBDIVISION (TAX KEY NOS. 2172.062 AND 2172.063 / OAKRIDGE LANE) WHEREAS, A request was submitted by Paul and Jane Wagner for an alteration of the platted preservation easement located in the SE ¼ of Section 3 (Tax Key Numbers 2172.062 and 2172.063 / Lots 32 and 33 Oakridge Glen Subdivision / Oakridge Lane), and WHEREAS, Oakridge Glen Subdivision was approved with a preservation easement that encompassed a large wooded area within the subdivision area and allows disturbance within specific building pads on each residential lot, and WHEREAS, The petitioner will be combining lots 32 and 33 within the Oakridge Glen Subdivision in order to build their home, and WHEREAS, Between the two lots is an extension of the preservation easement that encompasses the standard offsets of the lots, and WHEREAS, The petitioners request would remove the 1,714 square feet of preservation easement between the two lots and add 1,718 square feet of preservation easement along the outside offsets, and WHEREAS, removing the preservation easement from between the lots allows for larger areas of preservation easement on the outsides of the combined lots, and WHEREAS, The Community Development Department does not see any problems with the requested easement modification as the original goals of preservation are maintained. THEREFORE BE IT RESOLVED, The Plan Commission approves the Platted Preservation Easement Alteration located in the SE ¼ of Section 3 ((Tax Key Numbers 2172.062 and 2172.063 / Lots 32 and 33 Oakridge Glen Subdivision / Oakridge Lane). BE IT FURTHER RESOLVED, All of the restrictions listed on the plat including the grading, stormwater and preservation easement remain applicable for the new preservation easement areas. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 45 SCALE: 1:20 SCALE: 1:20 SCALE: 1:20 15 0 N O R T H S U N N Y S L O P E R D S T E 2 5 0 BR O O K F I E L D , W I 5 3 0 0 5 ( 2 6 2 ) 7 8 7 - 1 7 0 1 1 46 To: Planning Commission From: Paul and Jane Wagner Date: September 19, 2021 Re: Proposed combination of Lots 32 and 33 in Oakridge Glen Subdivision • Paul and Jane Wagner (“The Petitioners”) have submitted an Offer to Purchase Lots 32 and 33 in Oakridge Glen Subdivision. • The Offer to Purchase is contingent on the ability to combine Lots 32 and 33 into a single parcel. • The Petitioners wish to build a single-family residence on the combined lots. • The Petitioners are working with an architect to prepare the house design. • It is anticipated that the width of the house will exceed the width of the building envelope of a single lot and, therefore, the Petitioners wish to combine the lots into a single parcel and place the house across the lot line between Lots 32 and 33. • The existing plat map includes a preservation easement spanning the entire width of Lots 32 and 33 along the rear of each lot. • The existing plat map additionally includes a preservation easement of approximately 1714 ft2 extending forward from the rear-spanning preservation easement between the building envelopes on Lots 32 and 33. • Combining Lots 32 and 33 would require that the existing preservation easement between the building envelopes be vacated. • To compensate for vacating the preservation easement between the building envelopes, The Petitioners propose the addition of two new preservation easements totaling approximately 1718 ft2. • A first additional preservation easement would extend along the left side of the building envelope on what is presently Lot 32 and have a width of 7 feet. • The approximate size of the first additional preservation easement is 567 ft2. • A second additional preservation easement would extend along the right side of the building envelope on what is presently Lot 33. • The second additional preservation easement would have a width of 12 feet toward the rear of the building envelope and extend forward to the front of the building envelope. 47 2 • Because the existing plat map for Lot 33 has a partial preservation easement between Lots 33 and 34, the width of the second additional preservation easement would be 21 feet toward the front of the building envelope. • The approximate size of the second additional preservation easement is 1151 ft2. • The left side of Lot 32 has an existing preservation easement of 20 feet and the right side of Lot 33 has an existing preservation easement of 15 feet. • The combination of the existing preservation easement and the additional preservation easements will result in 27 total feet of preservation easement along each side of the combined parcel. • A drawing of the two proposed preservation easements is attached. • Additionally, there is presently a utility easement having a width of 12 feet extending into the front portion of the lots between Lot 32 and Lot 33 as well as between Lot 33 and Lot 34. • A utility pad is present in the utility easement between Lot 32 and Lot 33. • WE Energies is able to relocate the utilities to the utility easement between Lot 33 and 34 and will vacate the bump out portion of the utility easement extending between Lot 32 and Lot 33. • Upon approval of the proposed combination of Lot 32 and 33, the revised preservation easement, and the revised building envelope, a condition to the Petitioners’ offer to purchase will be satisfied. • The Petitioners will then work with the City of Muskego to combine the two parcels into a single parcel in accordance with the attached drawing. 48