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Plan Commission Minutes 09072021 ApprovedCITY 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 APPROVED I 17w C4 of USKEGO 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. 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 benchmarks 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. Commissioner Buckmaster loves that he is successful, but we expect everyone to play by 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 Wegner, 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. 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 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 whole 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