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Plan Commission Minutes 05042021 ApprovedCITY OF MUSKEGO PLAN COMMISSION MINUTES 05/04/2021 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 APPROVED � tte, cs� or SKEGO Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf and Oliver, Planner Trzebiatowski. Absent: Commissioner Gazzana. 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 April 7, 2021 meeting. Commissioner Buckmaster made a motion to approve the April 7, 2021 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 025-2021 Approval of a Metal Roof Accessory Structure for Tonia Butkovic located at S70 W16670 Hedgewood Drive / Tax Key No. 2171.116. RESOLUTION PC 026-2021 Approval of a Two -Lot Certified Survey Map for Richard Knudsen II located at W192 S6647 Hillendale Drive / Tax Key No. 2177.933. RESOLUTION PC 029-2021 Approval of a Second Accessory Structure located at W138 S7119 Sherwood Circle / Tax Key No. 2206.998.017. RESOLUTION PC 030-2021 Approval of a Metal Roof Accessory Structure for the Mattson residents located at W 191 S7436 Richdorf Drive / Tax Key No. 2189.146. Alderman Madden made a motion to approve the consent business engross. Commissioner Oliver seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 023-2021 Recommendation to Common Council to Rezone a property from RC-2 Rural Country Estate to PD Planned Development for Kaerek Homes, Inc. located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997. Planner Trzebiatowski provided an overview of the rezoning. The petitioner is seeking a Planned Development based upon the RS-2 Suburban Residence District and the Shoreland Wetland Zoning. There was a Public Hearing last Tuesday and there were no comments. There were two emailed comments related to protecting the park, keeping speeds down, and why a Planned Development is needed rather than use the RS-2 zoning. The plan meets the Comprehensive Plan with .989 units per acre. There are 45 lots on 45.5 acre property. As part of the development there are three roads. The petitioner is not asking for a reduced lot size. The petitioner is asking for offsets of 100 feet width reduced from 110 feet, 30-foot setback reduced from 40 feet, 15-foot offsets reduced from 15 and 20 feet, and the rear offset to be increased to 25 feet from 20 feet. The applicant is also not asking for any density bonus. The rezoning would be subject to final plat approval. Commissioner Graf asked to clarify that this is only a recommendation to Council. Mayor Petfalski confirmed this is only a recommendation. Commissioner Graf asked when the setback requests come into play. Planner Trzebiatowski explained the rezoning request includes the setback changes as part of the Planned Development District. Alderman Madden made a motion to approve Resolution PC 023-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 024-2021 Approval of a Preliminary Plat for the Mallard Pointe Subdivision located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997. Planner Trzebiatowski explained that this is the second half the previous request. There are 45 lots and 5 outlots. The development complies with the Comprehensive Plan and the technical review is underway. Alderman Madden made a motion to approve Resolution PC 024-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 027-2021 Approval of a Building, Site and Operation Plan Amendment for Jennifer Halverson of Tail Spin Bar & Grill located at S64 W18295 Martin Drive / Tax Key No. 2174.189. Planner Trzebiatowski provided an overview of the proposal including permanent outdoor seating on the south side of the existing business. In July of last year the applicant did obtain staff approval for temporary outdoor seating and this would make that seating permanent. They are working with the clerk's office for needed approvals for liquor and music outdoors. Staff does not see any issues, but note that review is needed for any signage or lighting. Otherwise there are no issues with what was there last year. Commissioner Graf asked if this is moving from temporary Covid outdoor seating to permanent outdoor seating. Planner Trzebiatowski confirmed. Commissioner Graf asked about any upgrades. Commissioner Graf asked the petitioner what is intended or if there are any improvements being made. The petitioner explained that they are discussing concrete patio where some gravel currently exists, but otherwise looking at the tables and seating. Planner Trzebiatowski explained that some of the area is concrete and there is an area of gravel. They are not adding anything. Mayor Petfalski asked to clarify if most of the tables are on the paved area. The petitioner said for the most part the tables are on the paved area but there were a couple tables on the gravel. The gravel area is packed down and so rocks are not being kicked up. Commissioner Graf said this is just underwhelming compared to other things that have been approved by the Plan Commission. Planner Trzebiatowski explained that in the past the Plan Commission have asked for a one-year review to see if there are improvements that should be made to the property to accommodate the outdoor seating. Mayor Petfalski explained that they are coming in at one level and the Plan Commission would like to see the property improve rather than deteriorate. Commissioner Graf explained that a one-year review is a fantastic idea and everyone wants to see the business succeed and be pro -business and recommends a one-year review and hopefully the petitioner can come back and say everything was a success and have some planned upgrades. Commissioner Buckmaster made a motion to approve Resolution PC 027-2021. Commissioner Oliver seconded. Commissioner Graf made a motion to include a one-year review. Commissioner Oliver seconded. Motion to Amend Resolution PC 027-2021 passed unanimously. Motion to approve passed unanimously. RESOLUTION PC 028-2021 Approval of a Building, Site and Operation Plan Amendment for Andrew Jacobsen of Lucky's at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. Planner Trzebiatowski explained this proposal is very similar to the outdoor seating area approval last year at staff level and planned for the duration of the summer season. They are planning different events and music and have been working with the Clerk's office. This outdoor seating will not impede on the drive aisle for planning and fire safety and as for parking there is quite a bit of parking on -site as the busy time for this use will likely be opposite the other tenants in the building as well as some unused parking behind the building and if needed the on -street parking along Lannon Drive. Staff is recommending approval so long as the drive aisle not obstructed and the is approval is for 2021 and any subsequent years would require Plan Commission approval. Alderman Kubacki mentioned his concern that the tent is across the drive aisle from the building so anyone going to the outdoor tent will be walking through the drive aisle and a blind corner from the back of the building. Commissioner Oliver mentioned that he was there last year and people were very careful and there were a significant number of employees there making sure safety was a priority. Commissioner Buckmaster also spend time there last year and found that safety was not an issue. Planner Trzebiatowski explained that this building is surrounded by a drive aisle so there really isn't a second location on site that would be better. Commissioner Buckmaster made a motion to approve Resolution PC 028-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 031-2021 Approval of a Building, Site and Operation Plan Amendment for Pop's MarketPlace located at S70 W16050 Janesville Road / Tax Key No. 2172.999. Planner Trzebiatowski explained that this is a continuation of the activities and events the petitioner was approved for last year. This is another case of the one-year approval, or trial run where the petitioner is back for approval moving forward. There were no issues or concerns from anyone last year events. The same types of events are approved moving forward and this resolution is drafted to provide approval for similar events of the same scale including the food trucks, mini -markets, and music while maintaining the site standards such as ensuring the drive aisle is free for vehicles and the parking areas are open to patrons. This approval is written for only Pop's MarketPlace moving forward and if someone else were to come along a new approval would be needed. This is not meant to be another one-year approval, but rather an approval moving forward with the standards and the ability to come back to Plan Commission if issues arise with noise, parking, refuse enclosures, etc. Mayor Petfalski added that there is a parking agreement with ProHealth for overflow parking on the weekends. Alderman Madden made a motion to approve Resolution PC 031-2021. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS Discussion of material usage and quantity of accessory structures on residential property. Planner Trzebiatowski explained that there are more and more accessory buildings on the agendas. As of now all accessory structures must match the colors and materials as the home. Metal as a roofing material has become more popular. This started as a discussion that is now in front of the Plan Commission and could start as a policy change that could be codified in the future that essentially sets parameters where residents can get approval for a smaller structure with a metal roof that matches color they can just go through a permit review rather than going through the Plan Commission for approval. Possible guidelines would be a smaller structure, or 15' x 15' or 225 square feet with a metal roof. This size would allow the smaller shed and the standard pergola's that we are seeing. They would still be required to have matching color, but would not need Plan Commission approval, which would save time and money for the residents. A car port structure with a metal roof would still need Plan Commission approval. This would not include any buildings that have metal sides. A second category would include the number of buildings. Right now everyone is allowed one structure 120 square feet or less and one structure over 120 square feet. If someone has a small shed and wants another or a pool cabana, right now they must come to Plan Commission for approval even though they are well below the total size limit for the property. The second proposal allows for two of one category and one of the other for a total of three accessory structures without needed Plan Commission approval. The total size limits remain as it exists now, but it may be easier for some land owners. Commissioner Oliver asked about the setbacks. Planner Trzebiatowski explained that setbacks and offsets are not affected by this change at all. Mayor Petfalski said that they need to follow all of the guidelines and rules, but just wouldn't need to come to Plan Commission. Planner Trzebiatowski explained that based on the number of approvals of almost 30 in indicates that this is not that big of a deal. Mayor Petfalski mentioned that it saves the applicant $100. Commissioner Graf mentioned that the color match for a metal roof is still required. Planner Trzebiatowski explained that a waiver for the colors matching would still require Plan Commission approval. Mayor Petfalski asked that a resolution be put together so there is a record of the policy change. ADJOURNMENT Commissioner Bartlett made a motion to adjourn. Alderman Madden seconded. Meeting adjourned. Respectfully Submitted, Aaron Fahl, AICP Associate Planner