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Commuinity Development Authority - MINUTES - 9/30/2008 CITY OF MUSKEGO Approved 10/21/08 COMMUNITY DEVELOPMENT AUTHORITY (CDA) MINUTES Tuesday September 30, 2008 Chairman Frank Waltz called the meeting of the Community Development Authority to order at 6:30 p.m. Those in attendance recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law. PRESENT: Commissioners Suzi Link (6:39 p.m.), Gail Miles, Frank Waltz, Rob Glazier, Ald. Werner, Ald. Pavelko and Director Muenkel. ABSENT: Commissioner David Lidbury GUESTS: Ald. Borgman, Lynn Kurer and John Murphy NEW BUSINESS Approval of a Building, Site, and Operation Plan for Bush Gardens located in the SW ¼ of Section 2 (Tax Key No. 2167.998 / S68 W14891 Janesville Road / Former Atonement Lutheran Church property) – Commissioner Glazier made a motion to approve the plans as submitted. Commissioner Miles seconded. Director Muenkel explained the CDA reviews Building, Site, and Operation Plans and amendments in a redevelopment district, and the proposed plans are in Redevelopment District 1. Director Muenkel explained the requirements of the redevelopment district are vague, but the main idea to consider is that future designs and building plans should pertain to the HC-1 -Historical Crossroads District zoning and the Historic Crossroad Design Guide. The proposed Bush Gardens will be a facet of the existing Bushy’s Pub and Grill. The building will be a mixed-use facility as a place for meetings and events with office spaces. The existing building made up of brick, cultured stone, and vinyl siding will be remodeled with hardi-plank siding, new windows, new doorways, an outdoor terrace, fake chimney column to hide mechanicals, lattice, different layers for transitions, updated landscaping around entire area and new deck on west elevation. Director Muenkel noted the roof has already been repaired to match Bushy’s. There are future intentions of adding a building to the west of the structure for additional office areas. Parking and landscaping will be updated and meet the City’s requirements. There is a shared ingress/egress easement and shared parking. Commissioner Link stated if this building ends up as well done as Bushy’s is now, it will be an asset no matter what type of business it is. Commissioner Link stated expressed concerns with the property being rezoned without coming from the CDA. When the property was rezoned questions were asked what will go in and was told mixed use with office and small retail in the church and lofts above or in a separate building. Now it will be a large restaurant and catering facility with a small amount of office space, which is a completely different use than what was originally discussed. this property was rezoned without coming to the CDA, which it should have been prior to rezoning, prior to going to Plan Commission, in the first place. The CDA was not aware of the discussions that took place at the time it was considered for rezoning. When it was considered for rezoning to be changed from Institutional to HC-1 there were questions asked of the owner (buyer at that time because it was only under contract) what was going to be done at this site and the answers were that it was going to be mixed use, the church was going to business primarily office with possibly a small amount of retail, and then build office spaces with lofts above them in a separate building. This was discussed at the time the rezoning was approved at Plan Commission in May or June of this year. The CDA did not get the benefit of that information because it did not come to us first, which it should have. Now it turns out basically, primarily a very, very large restaurant and CDA Minutes Page 2 September 30, 2008 catering facility with the mixed use as an afterthought right now. When you have 10,000 square feet of space and only 2,000 of it is going to be office space and the rest is going to be restaurant, banquet rooms, or food prep areas. That is a completely different character, a completely different use than was discussed at the time the rezoning was considered. This is a dramatic change from what has ever been discussed or contemplated up until now. Commissioner Glazier stated that this plan is a good re-use of the church and a good business for Muskego. Ald. Pavelko stated at the rezoning the plan was to have business with condo on top and then at the Finance Committee they were told the condos would be next to the church. Ms. Kurer explained she had thought at Finance she was asked what she would do with the land next to the church where she is planning office with loft condos above. Condos were never planned for the church. Ald. Pavelko stated at Common Council he voted for business in the church and commercial and condo to the west. Ald. Werner stated that he did not feel the use is out of line with the intent of the redevelopment district. Director Muenkel added that any business allowed in the HC-1 Zoning District would be allowed for this building. Commissioner Miles questioned if there will be an accessory structure on the property. John Murphy, architect, clarified there is a small storage shed currently on the property that will temporarily remain and if it becomes permanent, it will be updated. Mr. Murphy reviewed the interior layout. Seating Capacity will not be known until building permits are applied for and the fire department reviews. Mr. Murphy stated the largest office in the church building will be 450 square feet and the future office buildings will range from 260-340 square feet, but tenants could take more than one area if needed. Commissioner Glazier questioned if there is a demand for this type of business. Ms. Kurer explained she has to turn bridal showers and rehearsal dinners away because she currently does not have room for them. Mr. Murphy added, without advertising, Ms. Kurer is already receiving calls to reserve the rooms for 2009. Commissioner Link expressed concern that restaurant services may not be allowed in this district and that it was intended for more commercial business in a redevelopment district, something to create higher paying jobs and bring in the business the City is lacking. Ms. Kurer explained at the time of rezoning she could did not know exactly what type of business it would be until she knew what the zoning would be. Ald. Pavelko explained he had questions on landscaping and the parking but would discuss more at Plan Commission. Ald. Werner explained he had been involved with the church and has also had discussions with Ms. Kurer, but he has not been involved with the negotiations on selling the church property to Ms. Kurer. This is not a conflict of interest and he will be voting on this item to go onto Plan Commission. Commissioner Link made a motion to amend the previous motion to refer this item to Plan Commission with approval with a recommendation to hold a public hearing for the residents in the area because of the traffic this will generate and the hours of business. Ald. Pavelko seconded. Upon a voice vote, the motion failed with Commissioner Glazier, Commissioner Waltz and Ald. Werner voting no. Ald. Werner stated he was not comfortable dictating to another Committee what to do. Ald. Werner suggested once the item is on the floor at Plan Commission a public hearing could be requested. CDA Minutes Page 2 September 30, 2008 Ald. Werner called the question to the original motion. Upon a roll call vote, the motion to approve and forward to Plan Commission passed 4-32, with Ald. Pavelko and Commissioner Link voting no. Commissioner Link explained she voted no because there was no effort or requirement that the public be notified and the CDA is being negligent to the community. PUBLIC INPUT — None. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT: There being no further business, Commissioner Link made a motion to adjourn at 7:30 PM. Commissioner Glazier seconded. Upon a voice vote, the motion carried unanimously. Respectfully submitted, Kellie McMullen, Recording Secretary