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Plan Commission Minutes 05032022 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 05/03/2022 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 ue C4 of SKEGO Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Graf, Gazzana and Oliver, Planner Trzebiatowski. Absent: Commissioner Buckmaster None. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes of the April 7, 2022 meeting. Commissioner Bartlett made a motion to approve the May 3, 2022 meeting minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 029-2022 Approval of the sale of Fireworks for Freedom Fireworks, LLC. at Pop's MarketPlace located at S70 W 16050 Janesville Road / Tax Key No. 2172.999. RESOLUTION PC 030-2022 Approval of a Building, Site and Operation Plan Amendment for Danny Haskells Bar & Grill located at W171 S7260 Lannon Drive / Tax Key No. 2198.001. RESOLUTION PC 031-2022 Approval of a Four -Lot Extraterritorial Certified Survey Map for Michael Michalski located in the Town of Norway. RESOLUTION PC 032-2022 Approval of a Metal Accessory Structure for Darryl Uchitil located at W 183 S9348 Parker Drive / Tax Key No. 2243.994.006. Commissioner Graf made a motion to approve the consent business engross. Commissioner Oliver seconded. Motion to approve passed unanimously. OLD 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. No Discussion / Action NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 028-2022 Recommendation to Common Council to Rezone a property from A-1 Agricultural District and RCE - Country Estate District to RCE Country Estate District for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. Planner Trzebiatowski explained that this is a simple rezoning as there is currently lots with split zoning and the petitioner is cleaning this up. The land division that was previously approved is not contingent on this rezoning. Commissioner Graf made a motion to approve Resolution PC 028-2022. Commissioner Bartlett seconded. Motion to approve passed unanimously. RESOLUTION PC 033-2022 Approval of a Building, Site and Operation Plan Amendment for Jax's Wheel Food to be located in the parking area of Muskego Feed and Seed located at W184 S8365-95 Challenger Drive / Tax Key No. 2223.994.004. Planner Trzebiatowski provided an overview of the submittal being a mobile food vendor, or food cart. The plan is not to advertise so it would be for people in the industrial park. The petitioner is moving forward as a trial run, for the next sixty days. The operation will be taking two to three parking stalls during lunchtime only. The City is in the process of updating the Zoning Code for food trucks and the applicant is aware of this. Commissioner Graf asked if this is in front of the Plan Commission due to it being at this business. Planner Trzebiatowski said that any food truck operating regularly and repetitively should be coming to Plan Commission, where a random one-time event on private property does not need to go to Plan Commission. Commissioner Bartlett made a motion to approve Resolution PC 033-2022. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 034-2022 Approval of a Building, Site and Operation Plan Amendment for Eagle Park Brewing Company located at S64 W15680 Commerce Center Parkway / Tax Key No. 2166.997.003. Planner Trzebiatowski explained that Eagle Park Brewing is looking to have outdoor seating identical to last years approval. There will be temporary movable planters blocking traffic to nine stalls and the drive aisle with a couple more stalls blocked for a turn -around. The petitioners have indicated that they intend to come to Plan Commission this fall with a plan for permanent outdoor seating so this approval will only be for 2022. Commissioner Bartlett made a motion to approve Resolution PC 034-2022. Commissioner Oliver seconded. Motion to approve passed unanimously. RESOLUTION PC 035-2022 Approval of a four -lot Certified Survey Map for Ken Servi on property located at S81 W16448 Kurtze Lane / Tax Key No. 2218.981. Planner Trzebiatowski noted that Resolution PC 035-2022 and PC 036-2022 will be discussed together as the first item is a 4-lot Certified Survey Map (CSM) and the total lots will be six new single-family buildable lots with one outlot. Per City Ordinance, when a land division happens on a waterway or lake, a public lake access must be provided if no public access is within '/2-mile. The zoning is set for single-family homes and they do not need a rezoning. The CSM's are in the process of a technical review, which any comments will need to be addressed prior to recording. This is an amended resolution as the City Attorney wanted to add clarification in that the petitioner will need to go through the right-of-way vacation process to remove Kurtze Court. The Public Works and Safety Committee will need to provide a recommendation to Council about vacating the property and if any such vacation requires compensation for the City. Mayor Petfalski noted that this is not a public hearing, but will take public comments on the proposed land division. Joe Peterson, W165 S8250 Kurtze Lane, asked what is going on with the land to the west. Mayor Petfalski explained that this is future developable land. Planner Trzebiatowski added that the land to the west and the area being petitioned to be split is one legal lot currently and it is over 20 acres so if nothing is happening to this land it need not be on the CSM. Mr. Peterson asked if there will be a storage pond or anything like that. Planner Trzebiatowski noted that storm water management will be onsite and all storm water management is being reviewed as part of the technical review. Mr. Peterson asked about the outlot. Mayor Petfalski noted that the plan now is to have a path to the lake, but no boat launch. Mr. Peterson asked if there was a pier on the outlot. Planner Trzebiatowski noted that there are no plans and all of the piers for the residential lots will be regulated by the DNR, not the City. Mr. Peterson added that he just wanted to be sure this did not turn the lake into a no -wake lake. Collette Klenz, W 166 S8282 Kurtze Lane, has many concerns. For the outlot, why couldn't it be located to where the current cul-de-sac is located, because the owner to the north bought their land without being adjacent to a public access and would be the same if you moved it to the southern edge of the land division. If you put a pier by the cul-de-sac, it is the narrowest point of Bass Bay. Everyone's concern is that between lot 3 and lot 4 that will be in the middle of the waterway. This are is the best shoreline in the bay. Not sure why the Plan Commission is not taking care of the current residents in favor of a developer. If there is a public access will there be signage for no camping, no boats overnight, waverunners or lifts. Everyone has the right to see the water, but she pays more. How will they be compensated if the lake's rules are changed. This is similar to someone providing public access to your backyard. Next, there is no wetlands on the first page of the CSM's and most normal people look to the second page so can verbiage be added noting this for future buyers to know their building pads. Next, there was discussion of a hard -paved path to the water. Next, for the DNR and their pier control, the City is the governing body residents go to. Concerns with piers shouldn't just be pushed to the DNR. Next, the sanitary sewer or lift station is located at the end of Kurtze Lane. Who pays for the improvements and when do the residents find out. The road improvements with the public access, where are people parking? Right now, the property to the north is enough to park one vehicle. When they have people over they park up Kurtze. If the public access was the cul-de-sac, then parking would be there. The public access is not a boat launch, so will there be signage for kayaks, snowmobiles, no boat launch, etc. Related to the land across the street, who will own the public access if/when that property is developed. Planner Trzebiatowski noted the outlot will be owned by the City of Muskego just like all of the other lake access on Little Muskego Lake. The City does not dictate where the lake access must be provided, just that a lake access must be provided. As for the piers in the water, it is a DNR issue and the City does not have any pier rules, nor any jurisdiction to make rules. Planner Trzebiatowski said that the lake access points on Little Muskego Lake all have signage and assumes similar signage would be used here. Any programming or use of the site would be the Parks Department as the lake access points are essentially a park. CSM's used to be three or four pages, now it is impossible to put everything on the first page and anyone in real estate would tell you not to just look at the first page. As for the paved path, park and conservation will deal with this. Any improvements are typically taken on by the developer, and as part of the technical review the sizing of utilities will be reviewed. As for Kurtze Lane improvements, there are no improvements being looked at currently and any restricted parking could be looked at to ensure there is not a problem. James Reik, W 165 S8266 Kurtze Lane, has lived on Bass Bay for 23 years. There should be an Indian burial study and he was told there are mounds on the property. Kurtze Lane road conditions with truck traffic will make the roads worse. There are reverse speed bumps where pulling a trailer or loaded pickup you have load shift. Acreage across the street is included but there are not plans for this. There is also another tax key to the south and concerned about development. He is a sportsman/fisherman and loves the lake. In the summer months there will be canoes, paddleboards and extra boat traffic. Adding six lots so there is six more boats and their personal watercraft on the lake. Bass Bay is only 104 acres and it is too small for all the extra boat traffic being added. In winter months, people will be launching four -wheelers or snowmobiles and people will launch regardless of signage. New ice fishing access will put more pressure on the bay. In the past few years Sobek's has added traffic with yearly passes. The quality of fishing is going down due to the current access being allowed from Sobek's. Mr. Reik has gone out and picked up the trash after ice fishing weekends and the new lake access will make it worse. Access to the bay can continue to use the access on Big Muskego Lake. This limits the traffic and volume on the bay. For parking, no parking must be put up on both sides of Kurtze Road. Crime is a concern with any new public access. They don't want Little Muskego Lake actions on Bass Bay. Alderman Gazzana asked if it is not required to have a public access. Mayor Petfalski answered that a public access is required. Brent Lee, W 165 S8140 Kurtze Lane, said that he will be the happy owner next to the outlot. He bought the lot to not have someone walking next to his property. He is a firefighter and a new firetruck will not make the turn down Kurtze Lane. A good example of public access on Sawyer Road on Little Nemahbin Lake is what this will turn into. There is kayak rentals every weekend and it bogs down Sawyer Road. As for the lift station he is concerned with extra fees. Lastly, there will be people in his yard due to the water down by the lake. Commissioner Bartlett asked if there is any history on the court and cul-de-sac and how was it created. Mayor Petfalski believes it was created when the sewer was extended down the road and there was a large piece of land with multiple homes where people owned the home but not the land. With the sewer installation the landowner split all the lots for each house to spread the cost of the sewer. Commissioner Bartlett asked if there was any consideration by the developer to put the outlot in a more central location. Ken Servi, the developer explained that they just wanted all the lots together. Also, that lot has the most wetlands so nothing can be done with it unless the DNR changes their rules. Back in the day Sandy Beach was there and people would use this area as a swimming area in the 1930's and 40's. The road and sewer will come out. Commissioner Oliver noting that the outlot must be put in, has there been any study's been done on outlots regarding the use of outlots. Ken Servi, said there has not been that he is aware of. Mr. Servi also noted that all the lots on Kurtze are 50-feet wide. Originally, they were looking at 12 lots, but they are required to go 100- feet wide, or double everyone else, so there are only six lots. Commissioner Gazzana asked if the outlot is wetland, are there restrictions to walking through. Planner Trzebiatowski noted that wetlands are not hands -off and there are some things that can be done in wetlands. Boardwalks are an example of what can be placed in wetlands. Commissioner Graf noted that the Parks Department will review the lake access and do they have the ability to put any mandates on the access. Mayor Petfalski added that they can add restrictions through the Council. It would warn anyone that the Ordinances in place to provide access and not add restrictions to that access. Commissioner Graf made note that the concerned residents would have the ability to go to the Common Council for a discussion of any restrictions. Mayor Petfalski also added that the outlot is the biggest point of contention, but it is the point of the least control by the Plan Commission. As for outlots on Little Muskego Lake, they are all consider parks to address issues that those residents have. As for the lot layout, there are ordinances and state statues for how the lots are laid out and dimensions for those lots and the responsibility of the Plan Commission is to make sure the development meets those regulations, not to design the development. He understands as a lake property owner, what everyone likes on the lake, but the property owner has rights also. Commissioner Bartlett is questioning why two CSM's. Planner Trzebiatowski noted that you can only split four lots at a time on a CSM. Leonard Pilak, W 165 S8108 Kurtze Lane, said that with the rich history of Indian burial grounds that he is surprised that the City isn't requiring a study like Schulz Gun Club was required. Mayor Petfalski noted that approving a plat has no impact on disturbing anything, unlike a land disturbance permit or building permit where this would be addressed. Commissioner Bartlett made a motion to approve Resolution PC 035-2022. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 036-2022 Approval of a second four- lot Certified Survey Map for Ken Servi for property located at S81 W18981 Kurtze Lane / Tax Key No. 2218.981. Commissioner Bartlett made a motion to approve Resolution PC 036-2022. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 037-2022 Approval of a Building, Site and Operation Plan Amendment for Mark Knudsen of Pop's Pub on Pioneer located at W180 S7808 Pioneer Drive / Tax Key No. 2196.983. Planner Trzebiatowski explained that this would allow for a `Muskego Market' on two Saturday's per month through August from 11:00 — 3:00. They will be closing the parking lot for vendors. There is street parking available on Pioneer Drive for patrons. This approval is for only one year (2022 season) and the petitioner is expecting 20 to 40 venders per day. The petitioner would need to work with the City for any signage concerns. Alderman Madden made a motion to approve Resolution PC 037-2022. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS None ADJOURNMENT Alderman Madden made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner