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Plan Commission 120721packetCITY OF MUSKEGO PLAN COMMISSION AGENDA 12/07/2021 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 of the November 2, 2021 meeting. Plan Commission Minutes 11022021.pdf PUBLIC HEARING PUBLIC HEARING for Kerry Schnick of Colt's Canine Club, LLC. requesting a Conditional Use Grant for the purpose of allowing a dog kennel located at S83 W18430 Saturn Drive / Tax Key No. 2223.001. PH20211207_Colt CanineCUG.pdf OLD BUSINESS FOR DEFERRAL RESOLUTION PC 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 d.pdf PC 056-2021 SUBMITTAL.pdf NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 067-2021 Approval of a Conditional Use Grant for Kerry Schnick of Colt's Canine Club, LLC. located at S83 W18430 Saturn Drive / Tax Key No. 2223.001. PC 067-2021 SUPPLEMENT.pdf PC 067-2021 MAP.pdf PC 067-2021 RESOLUTION.pdf PC 067-2021 SUBMITTAL.pdf RESOLUTION PC 068-2021 Approval of a Revised Preliminary Plat for Mallard Reserve Subdivision located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997. PC 068-2021 SUPPLEMENT.pdf PC 068-2021 MAP.pdf 1 PC 068-2021 RESOLUTION.pdf PC 068-2021 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 11/02/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:03 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Graf and Gazzana. Planner Trzebiatowski Absent: Commissioners Buckmaster 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 October 5, 2021 meeting. Alderman Madden made a motion to approve the minutes. Commissioner Graf seconded. Motion to approve passed unanimously. 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. Planner Trzebiatowski provided a status update on the Frey Auto review including a new site they are looking at and it may not be very feasible. The other option was his old site, but this may not be the best option either. Alderman Madden noted that she spoke with the petitioner and he can’t get answers on the properties. Alderman Madden told him that the Plan Commission will lik ely started the citation process. Mayor Petfalski said that this has been going on since he took office, but he needs to come into compliance. The site is turning more into a salvage yard rather than an auto retail and repair. He had a plan and business model when he built the store, but this has changed to buying cars and then autos for parts. Alderman Madden said that they should start the violation process, which will give him enough time to get rid of what’s there and the violation will be the incentive to get it done. 3 Commissioner Graf said he doesn’t have limited number of options, but he has been offered time and coaching from the City. The Plan Commission should start the process of making him financially responsible for his failure to comply. Planner Trzebiatowski noted that issuing a citation does not guarantee a financial loss. In general, if someone comes into compliance the fine is normally small to cover staff time. If not, the fine could be greater. There is no ability to buy out of the noncompliance. Mayor Petfalski added that this issue needs to be moved away from the Plan Commission and put this into the hands of the attorney so he can work to compliance. The Plan Commission just needs to decide whether the Planning Department should move forward with citations. Commissioner Bartlett said that he hates to do this to a business, but at the same time he wouldn’t want to buy a gas station with ground issues and if the owners know he needs the land the price would go up. But, the petitioner does have options to clean up, or store is cars elsewhere. Mayor Petfalski noted that the solutions that he is coming up with do not fit the zoning anyway. This is the City’s last corridor of commercial development and the goal would be to be developed nicely and a salvage yard doesn’t necessarily fit that goal. Planner Trzebiatowski added that the Resolution should be deferred indefinitely and there wouldn’t be any action until the courts work this out. The citation would be back -dated to March 22, 2021. Alderman Madden moves to defer Resolution 056-2021 and forward the complaint on to the City Attorney for the possible issuance of citations. Commissioner Graf seconded. Motion to defer is approved unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 065- 2021 Approval of a Preliminary Plat for the Apple Hills subdivision located at S81 W20871 Russet Court / Tax Key No. 2229.992.006. Planner Trzebiatowski provided an overview of the submittal. This was previously seen by the Plan Commission for a rezoning from RS-1 to RS-2 that was recently approved from Common Council. There are ten lots with one lot having the existing home and one outlot for stormwater. There is a road extension to the property towards the south. There is a note on the plat that the petitioner is seeking approval from the DNR to fill the wetlands. If this wetland fill approval is not obtained, the lot layout would definitely change as one or two lots may be unbuildable. Alderman Madden made a motion to approve Resolution PC 065-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 066-2021 Recommendation to Common Council to amend Sections 400- 18, 400-23, 400-176 and 400-195 of the Municipal Code. Planner Trzebiatowski explained that the code revisions are grouped together for efficiency. The four code modifications include labeling a secondary dedicated right-of-way adjacent to a lot that has not been improved or under-improved it is considered as a typical rear offset. The second item eliminates the timeframe for removing political signs after an election. The third item relates to outdoor recreation lighting pole height. The final code revisions removes a special exception provision from the code. There was a publ ic hearing last month at Common Council with no negative comments. Alderman Madden made a motion to approve Resolution PC 066-2021. Commissioner Bartlett seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS None 4 ADJOURNMENT Alderman Madden made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 5 I08501,700425 FeetScale: Legend Affected Area Properties within 300 ft Municipal Bounda ry Righ t-of-Way Pa rcels Stru ctures Lake S a t u r n D r . P i o n e e r D r . R a cin e A v e. G e m ini D r. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, December 7, 2021, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the following: Upon the petition of Kerry Schnick of Colt’s Canine Club LLC. shall the following property known as: Tax Key No. 2223.001 / S83W18430 Saturn Drive Be granted a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the purpose of allowing a dog kennel. The petitioner’s application is available for public inspection at the City of Muskego Planning Division. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the W aukesha Freeman Newspaper on November 17, 2021 and November 24, 2021. Dated this 8th day of November, 2021. 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 AND GATHER INFORMATION; NO ACTION W ILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, 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 the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." E n t e r p r i s e D r . 6 City of Muskego Plan Commission Supplement PC 056-2021 For the meeting of: November 2, 2021 (Deferred from 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. November 2, 2021 Plan Commission The Frey Auto review was deferred at the October 5, 2021 meeting until November offering time for Frey Auto to have an accepted offer to purchase, a conceptual layout and a written plan for how the vehicles, parts and storage both on-site and off-site on the neighboring property will be brought into compliance with the approved Conditional Use Grant. As of this writing, Frey Auto has not brought anything to the City Planning Division for review nor has any contact been made. The resolution has not been altered from last month. October 5, 2021 Plan Commission 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. 7 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 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 inspec tion 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: 8 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 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. 9 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 10 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 W 16301 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. 11 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: September 7, 2021 October 5, 2021 November 2, 2021 Introduced: September 7, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 12 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  13 2                Frey Automotive LLC.      ‐‐  This email has been checked for viruses by AVG.  https://www.avg.com    14 City of Muskego Plan Commission Supplement PC 067-2021 For the meeting of: December 7, 2021 REQUEST: Conditional Use Grant (CUG) for Colt’s Canine Club, LLC. Tax Key No. 2223.001 / S83 W18430 Saturn Drive SW ¼ of Section 16 PETITIONER: Kerry Schnick, Colt’s Canine Club, LLC. INTRODUCED: December 7, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 067-2021 Kerry Schnick, of Colt’s Canine Club, LLC. is seeking approval of a Conditional Use Grant (CUG) to allow for boarding dogs. Colt’s Canine Club, LLC. is a dog training facility training basic obedience with light agility. Dog boarding overnight is being sought for two units within the same building. CONSISTENCY WITH ADOPTED PLANS 067-2021 Comprehensive Plan: The 2020 Plan depicts the property as General Industrial uses. This proposal is consistent with the plan. Zoning: The property is zoned M-2 – General Industrial District and the use is being considered an animal kennel allowable with a Conditional Use Grant. The use is consistent with the code. STAFF DISCUSSION PC 067-2021 As is noted above Colt’s Canine Club, LLC. is seeking approval for overnight boarding of dogs within two separate units within the building. The petitioner currently has a lease for one of the units and is trying to sign a lease for a second unit. If the petitioner is able to secure a lease for the second unit there would be a maximum of 24 dogs (20 in one unit and 4 in the other) overnight. If the petitioner is limited to only the existing unit there would be a maximum of 15 dogs overnight. Within the M-2 General Industrial District a Conditional Use Grant is required for any animal kennels. The training portion of the facility will be a year-round operation from 8:30 AM to 9:30 PM daily. The dogs housed as part of the overnight boarding / inboard training would obviously have dogs all day, but the training portion of the facility closes at 9:30 PM. Customer and employee parking will be located in the existing parking stalls in front of the business. Customers include those dropping off and/or picking up their dogs as well as those patrons that will be staying to participate in group training classes. If the parking becomes an issue in the future, the petitioner will be required to come back to the Plan Commission with a plan to correct the parking situation. As part of the animal kennel operation, the petitioner is seeking approval for two possible fenced areas for the animals to relieve themselves. The petitioner sketched a location of the fenced areas outside of both 15 units. The unit labeled 430 on the western end of the building shows two areas but only one area will be fenced. The petitioner stated that if she is able to find a way to move the trailer behind the end unit she would prefer to fence the area behind the building. Because she is unable to move the trailer now, the fenced area would be located off the side of the building on the existing area that is curbed with gravel. Both fences are proposed as a six-foot wood privacy fence. A separate Zoning Permit will be required prior to the installation of any fencing to ensure the fences remain outside of the full width of a two-way drive aisle (24-feet). As part of the overall proposal, there are no additional changes proposed at this time. If any additional exterior modifications are proposed, Plan Commission approval is required. Any lighting or signage are requested in the future appropriate permits will be needed from the City and any new/altered exterior lighting (wall mounted, structure mounted, and/or pole mounted) must meet all City required lighting specs, including all fixtures being full cut-off with zero-degree tilt. The Resolution also states that no outside storage/display of any parts, materials, vehicles, trailers, equipment etc. is allowed on site at any time and no outdoor training activities/equipment are proposed or approved on site at this time Overall, staff feels this use will become a viable use for residents of the City and will fit seamlessly in the Industrial Park. STAFF RECOMMENDATION PC 067-2021 Approval of Resolution PC 067-2021 16 S A T U R N D R R A C I N E A V E C H A L L E N G E R D R WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Kerry SchnickColt's Canine Club, LLC.S83 W18430 Saturn Drive Resolution #PC 067-2021Supplemental Map Prepared by City of Muskego Planning Department 17 RESOLUTION #P.C. 067-2021 APPROVAL OF A CONDITIONAL USE GRANT FOR COLT’S CANINE CLUB, LLC. LOCATED IN THE SW ¼ OF SECTION 16 (TAX KEY NO. 2223.001 / S83 W18430 SATURN DRIVE) WHEREAS, A submittal was received for Conditional Use Grant (CUG) for Colt’s Canine Club, LLC. located at S83 W18430 Saturn Drive / Tax Key No. 2223.001, and WHEREAS, The petitioner is proposing that two units within the existing building be utilized as an animal kennel for training and overnight boarding, and WHEREAS, The building currently houses multiple users including Colt’s Canine Club and the empty tenant space that may be occupied by Colt’s Canine Club, and WHEREAS, Within the M-2 Zoning District a Conditional Use Grant (CUG) is required for any animal kennel, and WHEREAS, The facility will be a dog training facility training basic obedience with light agility along with limited dog boarding overnight, and WHEREAS, If the petitioner is able to secure a lease for the second unit there would be a maximum of 24 dogs (20 in one unit and 4 in the other) overnight, and WHEREAS, If the petitioner is limited to only the existing unit there would be a maximum of 15 dogs overnight, and WHEREAS, The training portion of the facility will be a year-round operation from 8:30 AM to 9:30 PM daily, and WHEREAS, Customer and employee parking will be located in the existing parking stalls in front of the business, and WHEREAS, The petitioner is seeking approval for two possible fenced areas for the animals to relieve themselves located behind the building and along with western side of the building, and WHEREAS, Both fences are proposed as a six-foot wood privacy fences, and WHEREAS, The fences remain outside of the full width of a two-way drive aisle (24-feet), and WHEREAS, There are no other exterior changes to the building, lighting or signage proposed. THEREFORE BE IT RESOLVED, The Plan Commission approves Conditional Use Grant and Building, Site and Operation Plan Amendment for Colt’s Canine Club at S83 W18430 Saturn Drive / Tax Key No. 2223.001. BE IT FURTHER RESOLVED, If parking becomes an issue in the future, the petitioner will be required to come back to the Plan Commission with a plan to correct the parking situation. BE IT FURTHER RESOLVED, If any noise and/or smell concern arise from these proposed uses, staff would notify the owner to attempt to rectify said issues and if there are still concerns after that, then the petitioner will be required to come back to the Plan Commission with a plan to correct any noise and/or smell issues. BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, vehicles, trailers, equipment etc. is allowed on site at any time and no outdoor training activities/equipment are proposed or approved on site at this time. BE IT FURTHER RESOLVED, If any exterior modifications are proposed, Plan Commission approval is required. 18 BE IT FURTHER RESOLVED, A separate Zoning Permit will be required prior to the installation of any fencing to ensure the fences remain outside of the full width of a two-way drive aisle (24- feet). BE IT FURTHER RESOLVED, If any lighting or signage is requested in the future appropriate permits will be needed from the City and any new/altered exterior lighting (wall mounted, structure mounted, and/or pole mounted) must meet all City required lighting specs, including all fixtures being full cut-off with zero degree tilt. 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: December 7, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 19 20 21 22 23 24 City of Muskego Plan Commission Supplement PC 068-2021 For the meeting of: December 7, 2021 REQUEST: Approval of a Revised Preliminary Plat for the Mallard Reserve Subdivision Priegel Drive & Durham Drive / Tax Key No. 2211.996.003 SE ¼ & SW ¼ of Section 13 PETITIONER: Mike Kaerek of Kaerek Homes Inc. INTRODUCED: December 7, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 068-2021 The petitioner has submitted a revised Preliminary Plat for the Mallard Reserve subdivision. The original Preliminary Plat that was approved was for a Mallard Pointe subdivision via Resolution PC 024-2021 on May 4, 2021. Because the revision includes changes to the right-of-way and the future access points for the subdivision the revised Preliminary Plat must be re-reviewed and re-approved. The main change is that the previous approval included an access point on Durham Drive as well as two access points onto Priegel Drive. The new proposal eliminates the access point on Durham Drive but keeps both access points on Priegel Drive. Both proposals include forty-five (45) single-family lots. PLAN CONSISTENCY PC 068-2021 Comprehensive Plan: The 2020 Plan depicts the properties for low-density residential development (densities of 0.5 – 0.99 units per acre). The proposal is consistent with the plan with a density of 0.989 units/acre. Zoning: The property is currently RC-2 – Country Residence District and SW – Shoreland Wetland District with a pending Zoning change to PD – Planned Development District (based on RS-2 – Suburban Residence District and SW – Shoreland Wetland District) contingent on the approval of a Final Plat. Park and Conservation Plan: The land abutting Big Muskego Lake has been identified as High Priority Conservation Area and a distant priority trail running north/south is identified on this property. Any future development will be required to address these plans. Street System Plan: All interior right-of-ways are proposed to be dedicated to the proper widths. Adopted 208 Sanitary Sewer Service Area: Any future development will be served by municipal sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: This area will be served by municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater is shown to be accommodated in the outlots in the development. 25 STAFF DISCUSSION PC 068-2021 Discussion Most recently there was a 45-lot Preliminary Plat approved on May 4, 2021 showing an access point from the subdivision to Durham Drive. While the engineering plans were nearing completion, the petitioner discussed eliminating the access point onto Durham Drive with City Engineering and Public Works who are in favor of the modification. The two benefits of removing this access include improved safety for all vehicles on Durham Drive and also improved safety for pedestrians on the multi-purpose trail along Durham Drive. As discussed, the topography along Durham Drive is such that there is essentially a crest in the road in both directions from the T- intersection. Because there are two additional access points onto Priegel Drive it was determined that eliminating the Durham Drive intersection still leaves proper access for residents and emergency services. Overall, the number of lots remains at forty-five (45). The lot layout is slightly impacted in that the right-of-way is dissolved into same lots around a cul-de-sac bulb. Another minor change is the number of outlots is reduced from five to four due to another slight modification that enables two outlots to be combined into one. The technical review is ongoing along with construction plans and will be forwarded once complete and the Resolution is drafted to allow approval subject to these technical corrections being addressed before construction plans and the final plat can be approved. The misc. items required in the resolution are as follows: BE IT FURTHER RESOLVED, That all conditions of approval from Resolution PC 024-2021 remain in full effect. BE IT FURTHER RESOLVED, That all technical review comments must be addressed. BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit/Bond must be approved by the Council and all subdivision improvements made and accepted before any Final Plat approvals can be allowed. STAFF RECOMMENDATION PC 068-2021 Approval of Resolution #PC 068-2021 26 D U R H A M D R P R IE G E L D R BLUE HERON LN H OLZ DR EAGLES W AY BOXHORN RESERVE DR NORTH CAPE RD SCHAEFER DR LI N D L E Y C T U P L A N D L N H A R R I N G T O N C T BALLARD CT H A W KS TRL L I N D L E Y C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 500 1,000 Feet Mike KaerekKaerek Homes, Inc.Durham Drive & Priegel Drive Resolution #PC 068-2021Supplemental Map Prepared by City of Muskego Planning Department 27 RESOLUTION #P.C. 068-2021 APPROVAL OF A REVISED PRELIMINARY PLAT FOR THE MALLARD RESERVE SUBDIVISION LOCATED IN THE SE ¼ & SW ¼ OF SECTION 13 (TAX KEY NUMBER 2211.996.003 / PRIEGEL DRIVE & DURHAM DRIVE) WHEREAS, A revised preliminary plat was submitted by Mike Kaerek of Kaerek Homes Inc. for the Mallard Pointe Subdivision located in the SE ¼ & SW ¼ of Section 13 (Tax Key No. 2211.996.003), and WHEREAS, A preliminary plan was approved by the Plan Commission on May 4, 2021 via Resolution PC 024-2021 and by the Common Council via Resolution 050-2021 on May 11, 2021, and WHEREAS, The property was conditionally rezoned to PD – Planned Development District (based on RS-2 – Suburban Residence District and SW – Shoreland Wetland District) pending the approval of a Final Plat, and WHEREAS, Because the revision includes changes to the right-of-way and the future access points for the subdivision the revised Preliminary Plat must be re-reviewed and re-approved, and WHEREAS, The main change is that the previous approval included an access point on Durham Drive as well as two access points onto Priegel Drive, and WHEREAS, The revised Preliminary Plat removes the Durham Drive access point and replaces it with a cul-de-sac bulb, and WHEREAS, The City Engineering and Public Works are in favor of eliminating the access point onto Durham Drive, and WHEREAS, The two benefits of removing this access include improved safety for all vehicles on Durham Drive and also improved safety for pedestrians on the multi-purpose trail along Durham Drive, and WHEREAS, The lot layout is slightly impacted in that the right-of-way is dissolved into same lots around a cul-de-sac bulb keeping the same number of single family lots (45). THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council of a revised Preliminary Plat for the Mallard Reserve Subdivision, located in the SE ¼ & SW ¼ of Section 13 and will be receptive to the submittal of a final plat, subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That all conditions of approval from Resolution PC 024-2021 remain in full effect. BE IT FURTHER RESOLVED, All technical review comments must be addressed. BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit/Bond must be approved by the Council and all subdivision improvements made and accepted before any Final Plat approvals can be allowed. BE IT FURTHER RESOLVED, That a digital file of this Plat 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: December 7, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 28 ( IN FEET ) GRAPHIC SCALE 0 2001005050 SHEET OF MALLARD RESERVE PRELIMINARY PLAT 12 S:\5162866\dwg\ PP131D100.dwg \ SHEET 1 Lot 1 in Certified Survey Map No. 12212, being a part of Government Lot 3 in the Fractional Southwest 1/4 of Section 13 and part of the Southwest 1/4 of the Southeast 1/4 of Section 13, in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. OBJECTING AGENCIES Wisconsin Department of Administration Waukesha County Department of Parks & Land use APPROVING AGENCIES City of Muskego Subdivision statistics Total area 1,982,175 square feet or 45.5045 acres 45 Lots and 5 Outlots Elevations refer to the National Geodetic Datum 1929. Starting benchmark - Southest corner of Southwest 1/4 of Section 13-5-20, found brass cap monument. Elevation = 797.20 Bearings are referenced to the Wisconsin State Plane Coordinate System, South Zone (NAD27). There is no observed drain tile on this site. The City of Muskego shall not be liable for any fees or special assessments in the event they become owner of any Lot or Outlot in the subdivision by reason of tax delinquency. Site is zoned PD, Planned Development Zoning restrictions: Front setback = 30' Side setback = 15' Rear setback = 25' Durham Drive setback = 40' Priegl Drive setback = 40' Min avg width = 100' Min area = 20,000 SF SURVEYOR & ENGINEER R.A.Smith, Inc. 16745 W. Bluemound Road Brookfield, WI 5005 PH. 262-781-1000 FAX 262-797-7373 OWNER/DEVELOPER Kaerek Builders, Inc. Mike Kaerek 11600 West Lincoln Avenue West Allis, WI 53227 SURVEYOR'S CERTIFICATE: I, John P. Casucci, Professional Land Surveyor, do hereby certify that the preliminary plat is a correct representation of the existing land divisions features, and that I, to the best of my knowledge and belief, have compiled with the applicable ordnances in preparing the same. Dated this 18th day of March, 2021 Revised October 11, 2021 Revised November 18, 2021 _________________________________________ JOHN P. CASUCCI, PLS S-2055 SOIL CLASSIFICATION: Hta- HOUGHTON MUCH, 0-2% SLOPES Asa- ASHKUM SILTY CLAY LOAM, 0-3% SLOPES BIA- BLOUNT SILT LOAM, 1-3% SLOPES Oc- OGDEN MUCK MzdD2- MORLEY SILT LOAM, 12-20% SLOPES, ERODED MzdB2- MORLEY SILT LOAM, 2-6% SLOPES, ERODED MzdB- MORLEY SILT LOAM, 2-6% SLOPES FnB- FOX SANDY LOAM, LOAMY SUBSTRATUM, 2-6% SLOPES VISION SETBACK DETAIL AND DRIVEWAY ACCESS RESTRICTION DETAIL NOTES: DIRECT VEHICULAR ACCESS FROM ANY LOT OR OUTLOT TO PRIEGEL DRIVE AND DURHAM DRIVE IS PROHIBITED. WETLANDS MARKED BY R.A. SMITH, INC, DATED APRIL 2019 UTILITY EASEMENTS WILL BE SHOWN ON THE FINAL PLAT. THE OWNERS OF THE RESIDENTIAL LOTS WITHIN THE THIS PLAT SHALL EACH OWN AN EQUAL UNDIVIDABLE FRACTIONAL INTEREST IN OUTLOTS 1, 2, 3, 4, 5 & 6 OF THIS SUBDIVISION. WAUKESHA COUNTY SHALL NOT BE LIABLE FOR ANY FEES OR SPECIAL CHARGES IN THE EVENT THEY BECOME THE OWNER OF ANY LOT OR OUTLOT IN THE SUBDIVISION BY REASON OF TAX DELINQUENCY. OUTLOT USES: OUTLOT 1 OPEN SPACE AND UTILITY EASEMENT OUTLOTS 2 & 3 OPEN SPACE OUTLOTS 4 & 5 OPEN SPACE AND LANDSCAPE EASEMENT OUTLOT 6 OPEN SPACE AND STORM SEWER EASEMENT WETLAND PROTECTION OFFSET RESTRICTIONS: THERE IS A CITY REQUIRED 15 - FOOT WETLAND PROTECTION OFFSET AROUND ALL WETLANDS AREAS. THE AREAS OF LAND WHICH ARE IDENTIFIED AS WETLAND PROTECTION OFFSET AREAS SHALL FOLLOW ALL RESTRICTIONS LISTED IN CHAPTER 400 OF THE CITY OF MUSKEGO MUNICIPAL MUNICIPAL CODE RELATING TO WETLAND PROTECTION OFFSETS. IF DNR REGULATIONS ARE APPLICABLE, THEN SAID REGULATION SHALL BE IN ADDITION TO ALL CITY REGULATIONS AND AS SHOWN ON THE FINAL PLAT. BASEMENT RESTRICTION - GROUNDWATER: ALTHOUGH ALL LOTS IN THE SUBDIVISION HAVE BEEN REVIEWED AND APPROVED FOR DEVELOPMENT WITH SINGLE-FAMILY RESIDENTIAL USE IN ACCORDANCE WITH SECTION 236 WISCONSIN STATUTES, SOME LOTS MAY CONTAIN SOIL CONDITIONS THAT, DUE TO THE POSSIBLE PRESENCE OF GROUNDWATER NEAR THE SURFACE, COULD REQUIRE ADDITIONAL SOIL ENGINEERING AND FOUNDATION DESIGN WITH REGARD TO BASEMENT CONSTRUCTION. SOIL CONDITIONS SHOULD BE SUBJECT TO EACH OWNER'S SPECIAL INVESTIGATION PRIOR TO CONSTRUCTION AND NO SPECIFIC REPRESENTATION IS MADE HEREIN. VISION CORNER EASEMENT RESTRICTIONS (VCE): 1. PER SECTION 400-23B(6) & (7) OF THE CITY OF MUSKEGO ZONING ORDINANCE, IN THE VISION SETBACK AREA NO STRUCTURE OF ANY KIND SHALL BE PERMITTED WHICH EXCEEDS A HEIGHT OF 30 INCHES ABOVE THE ELEVATION OF THE CENTER OF THE INTERSECTION, EXCEPT FOR NECESSARY HIGHWAY AND TRAFFIC SIGNS, PUBLIC UTILITY LINES, AND OPEN FENCES THROUGH WHICH THERE IS CLEAR VISION, NOR SHALL ANY PLANT MATERIAL OR NATURAL GROWTH BE PERMITTED WHICH OBSCURES SAFE VISION OF THE APPROACHES TO THE INTERSECTION. WETLAND RESTRICTIONS 1. Those areas which are identified as "WETLANDS" on sheet one and two of this plat are subject to the following restrictions; 2. Grading, filling, removal of topsoil or other earthen materials are prohibited, unless specifically authorized by the municipality in which they are located and, if applicable, the Wisconsin Department of Natural Resources and the Army Corps of Engineers. 3. The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., is prohibited, with the exception that invasive, dead, diseased, or dying vegetation may be removed, at the discretion of the landowner and with approval of the City of Muskego. Silvicultural thinning, upon the recommendation a forester or naturalist and with approval from the City of Muskego, shall also be permitted. The removal of any vegetative cover that is necessitated to provide access or service to an approved residence or accessory building, shall be permitted only when the access or service cannot be located outside of the Wetland and with approval from the City of Muskego 4. Grazing by domesticated animals, i.e., horses, cows, etc, is prohibited. 5. The introduction of plant material not indigenous to the existing environment of the Wetland/Isolated Natural Area is prohibited. 6. Ponds may be permitted subject to the approval of the City of Muskego and, if applicable, the Wisconsin Department of Natural Resources and the Army Corps of Engineers. 7. Construction of buildings is prohibited. a. The Developer will protect the wetlands with a split rail fence in the locations shown on the plat. The fencing must be maintained by the individual lot owners and/or the HOA in perpetuity and shall not be removed. b. Details of the exact split-rail fence design/type will need to be provided at the time construction plans are submitted. c. The developer will need to install this barrier/fence before any lots can be built on. The fencing location needs to be shown on the pre and final plats and included on the construction plans and in the Developer's Agreement. d. The lot owners/HOA will be responsible for maintaining these barriers in perpetuity. These barriers are not allowed to be removed. Indicates proposed split rail fence Regarding wetland, owner and Engineer will work with the WI DNR to determine their wetland setback for each wetland complex, which is regulated through their stormwater staff/division. Once this is determined, please show and dimension on the FINAL PLAT. If approved prior to Final Plat, a Trail easement will be shown per the Parks & Conservation Plan, for a trail on/around this development running generally north and south, to allow pedestrians travel from Priegel Dr. to the City conservation land to the north No water standing water observed in wetland, water elevations not available. WETLAND SETBACKS: the standard is 10% of the average width. The western wetland (Wetland 2) should have a 30' setback and the two isolated wetlands in the subdivision (Wetland 1 and Wetland 3) should have 10' setbacks. A 5' street tree easement along all internal roads/courts is along the frontage of all lots & outlots. This is located in the first 5' of each lot/outlot. 29 November 18, 2021 Mr. Adam Trzebiatowski, AICP City of Muskego Planning Services Division W182 S8200 Racine Avenue Muskego, WI 53150 RE: Mallard Reserve Subdivision Preliminary Plat Application Dear Mr. Trzebiatowski: On behalf of Kaerek Homes, I am pleased to present this revised Preliminary Plat for Mallard Reserve, a 45-lot single family residential subdivision at the northwest corner of Durham Drive and Priegl Drive. The previously proposed intersection with Durham Drive has been replaced with a cul-de-sac to eliminate direct connection to Durham Drive. This revision is being proposed after recent discussions with City Engineering and Public Works, to provide improved safety for vehicles traveling along Durham Drive and pedestrians utilizing the multi-purpose path adjacent to Durham Drive. Two points of ingress/egress are still proposed for the subdivision. The revised Preliminary Plat still conforms to the Planned Development District petition previously approved by the City, with the following underlying dimensional requirements:  Minimum average lot width of 100 feet.  Front setback of 30 feet and side yard of 15 feet.  Rear setback of 25 feet, with the exception of lots abutting Durham Drive being 40 feet. If you should have any questions or require any additional detail, please email me at chris.hitch@rasmith.com or call me at 262-317-3267. Sincerely, R.A. Smith, Inc. Christopher D. Hitch Senior Project Manager 30