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PCA20110301CITY OF MUSKEGO PLAN COMMISSION AGENDA 6:00 PM Tuesday March 1, 2011 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE FEBRUARY 10, 2011 MEETING PUBLIC HEARING for the removal of a Conditional Use Permit in accordance with Section 14 of the City of Muskego Zoning Ordinance for Ronald & Belinda Ricco for the purpose of a guest house located in the SW '/4 of Section 26 (Tax Key No. 2263.998.003 / W151 S10178 Thode Drive). PUBLIC HEARING for a renewal of a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE'/4 and SE '/ of Section 13. OLD BUSINESS FOR CONSIDERATION The following agenda items have been deferred by the Plan Commission and are recommended by the Community Development Department for individual consideration. RESOLUTION #P.C. 007-2011 —Approval of a Building, Site, and Operation Plan Amendment for O'Reilly Auto Parts located in the NW'/4 of Section 10 (Tax Key No. 2198.984.001 / S74 W16890 Janesville Road). CONSENT BUSINESS The following agenda items have been received by the Community Development Department and are recommended for approval en gross. RESOLUTION #P.C. 009-2011 —Approval of a removal of a Conditional Use Grant (#177) for Ricco property located in the SW'/4 of Section 26 (Tax Key No. 2263.998.003 / W151 S10178 Thode Drive). RESOLUTION #P.C. 011-2011 —Approval of an Annual Review for the George Alex property located in the NE '/4 and SE'/4 of Section 25 (Tax Key No. 2257.984 / Loomis Drive). RESOLUTION #P.C. 012-2011 —Approval of an Annual Review for George Alex / Robert Jacob property located in the NE'/ of Section 25 (Tax Key No. 2257.973.001 / S98 W12575 Loomis Court & W125 S9912 North Cape Road). RESOLUTION #P.C. 013-2011 —Approval of an Annual Review for Jetzfuel, located in the SW '/4 of Section 2 (Tax Key No. 2167.995.011 / Janesville Road). RESOLUTION #P.C.014-2011 —Approval of an Annual Review for G & G Specialized Carriers LLC located in the NE '/4 of Section 17 (Tax Key No. 2225.999.019 / Apollo Drive). RESOLUTION #P.C. 015-2011 —Approval of an Annual Review for self storage units for Burback Builders LLC located in the Muskego Industrial Park in the NW'/4 of Section 16 (Tax Key No. 2221.016.001 / W185 S8095 Racine Avenue). RESOLUTION #P.C. 016-2011 —Approval of an Annual Review for Bushy's Pub and Grill located in the SW '/ of Section 2 (Tax Key No. 2167.997.001 / S67 W14831 Janesville Road). RESOLUTION #P.C. 017-2011 —Approval of an Annual Review for Marx Pioneer Inn property located in the SE '/ of Section 9 (Tax Key No. 2196.983 / W180 S7808 Pioneer Drive). RESOLUTION #P.C. 018-2011 —Approval of an Annual Review for the Central Bark Doggy Day Care located in the NW'/4 of Section 16 (Tax Key No. 2222.984.003 / S81 W18460 Gemini Drive). RESOLUTION #P.C. 019-2011 —Approval of an Annual Review for the Windmill Operations at Muskego Tire and Auto located in the NW'/4 of Section 10 (Tax Key No. 2198.991.002 / S73 W16610 Janesville Road). RESOLUTION #P.C. 020-2011 -Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant for Payne & Dolan in the NE'/4 and SE % of Section 13 (Crowbar Road). NEW BUSINESS FOR CONSIDERATION The following agenda items have been received by the Community Development Department and are recommended for individual consideration. RESOLUTION #P.C. 010-2011 — Recommendation to Common Council to rezone a property from A-1 (Agricultural) to RC-1 (Country Residence District) located in the SE'/4 of Section 20 (Tax Key Nos. 2240.998 & 2240.998.002 / W191 S9475 Racine Avenue & Vacant Lot to the North). RESOLUTION #P.C. 021-2011 —Approval of an Annual Review for the Durham Hill Auto property located in the NE'/4 of Section 25 (S98 W12578 Loomis Drive / Tax Key No. 2257.982.002). RESOLUTION #P.C. 022-2011 —Approval of an Annual Review for Frey Auto located in the NE'/4 & SE'/4 of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002). NEW BUSINESS PLACED ON FILE The following agenda items have been received by the Community Development Department and assigned case numbers. Community Development Department staff will review each case in the order received and will present each item for consideration by Resolution at future meetings in the order received, subject to the time frames provided by Municipal Code and Wisconsin Statutes. 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 COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. CITY OF MUSKEGO PLAN COMMISSION MINUTES 6:00 PM Thursday February 10, 2011 Muskeqo City Hall, W182 S8200 Racine Avenue Ald. Snead called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Ald. Snead, Ald. Borgman, Commissioners Burke, Noah, Stinebaugh and Jacques and Planner Trzebiatowski and Recording Secretary McMullen. ABSENT Mayor Johnson and Commissioner Hulbert Recording Secretary McMullen noted that the meeting was properly noticed on February 1, 2011 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE DECEMBER 7, 2010 MEETING Commissioner Stinebaugh made a motion to approve the minutes of the December 7, 2010 meeting. Commissioner Burke seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Commissioner Jacques made a motion to ADOPT Resolution #P.C. 002-2011 and 003-2011, engross. Ald. Borgman seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 002-2011 — Approval for the sale of fireworks for Vince and Heather Siegel at the Jetz Fuel property located in the SW '/4 of Section 2 (Tax Key No. 2167.995.011 / S69 W15461 Janesville Road). Resolution #P.C. 002-2011 was ADOPTED unanimously. RESOLUTION #P.C. 003-2011 — Approval of a three lot Certified Survey Map for the Sellhausen property located in the SW '/4 & SE '/4 of Section 31 (Tax Key Nos. 2283.999.001 & 2283.999.002 / W216 S10884 Crowbar Drive). Resolution #P.C. 003-2011 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 071-2010 — Recommendation to Common Council to rezone a property from RM-1 (Multi Family Residence) and RS-2 (Suburban Residence) to a Planned Development for the Willow Glen Development and approval of a Building, Site, and Operation Plan located in the SW '/4 & SE '/4 of Section 16 (Tax Key No. 2223.998.004, 2223.998.005, 2223.998.006 / W182 S8450 Racine Avenue). Commissioner Burke made a motion to ADOPT Resolution #P.C. 071-2010. Commissioner Jacques seconded. Planner Trzebiatowski explained the petitioner is requesting a rezoning and Building, Site and Operation Plan approval. The petitioner is proposing to construct 11 new 4-unit buildings within their existing complex, renovations to the four existing apartment buildings and the addition of two new garage structures, one with a commons area. The property is currently zoned RM-1 Multiple Family and RS-2 Suburban Plan Commission Minutes, continued February 10, 2011 Residence District. The requested zoning would be a Planned Development District based upon the RM-1 and RM-2 zoning district. The proposal fits within the densities of the 2020 Comprehensive Plan. Based upon the densities, 40 units are allowed and as part of the Planned Development a 10% density bonus is possible for a total of 44 units to be determined by Plan Commission and Council. All approvals are subject to the Willow Glen Road being vacated. The proposed buildings meet the general requirements and are built with four-sided architecture and masonry materials on all elevations. The materials are dimensional brick, cement board siding, vinyl clad windows, composite trim, and architectural shingles. The colors are earthtone. The four existing buildings on site are also going to be remodeled as part of this proposal and will include a new entry area added to the buildings, new windows, siding, decking, soffit and fascia, and gable roof ends. The proposal includes removal of the existing commons building, with the addition of two new enclosed garage structures and a two-story commons area. The new units will be located along a new curbed semi -circle private road. All the new buildings will face inward. Seven buildings will be placed on the outside of the circle and four on the inside. Grading work will be done on site and will alleviate past drainage issues with the adjoining church property to the south. Plans show curbing along the new road, but staff suggests that curbing be added to all new paved areas. In 2007 and 2010 this item was at Plan Commission for a conceptual rezoning. The 2007 proposal was for 44 units on less acreage. There were no open space areas as buffers to the surrounding parcels and it did not meet the Comprehensive Plan. In 2010 the plans were updated and the buildings were concentrated to the western half leaving the eastern portion of the site as open space. Concerns at that time were vacating the right of way, open space buffer to existing subdivision and updating the existing buildings. This proposal addresses most of those concerns. Staff recommends approval due to the proposed development meeting the Comprehensive Plan, multi -family uses should work well in the area and will provide a larger tax base. Commissioner Stinebaugh noted the landscaping should be very natural, not regimented, with three times the amount of trees on the drawing. Commissioner Burke agreed and added that occupancy of the new buildings should not be granted until the updates to the existing buildings are completed. Dave Hoffmann, property owner, and Mark Taylor, project designer, were present. Mr. Hoffmann stated they are ready to begin work on the remodel of the existing buildings once they receive approvals. Mr. Taylor explained the project has been scaled back from 12 unit buildings to four unit buildings. The setback has been increased from the existing subdivision from 400- feet to 425-feet from the conceptual plan and Mr. Taylor noted it would not be a problem adding more vegetation while keeping it a natural environment. Ald. Snead opened the meeting for public comment from the following residents: Pastor Stephen Will, W182 S8460 Racine Ave • Impressed and in favor of the proposal • Developers were willing to listen to concerns over drainage problems. Earl Meinin, S82 W 19362 Apollo Drive • Owns a business in the industrial park; which has added 39 new employees. The employees want to live in Muskego but the City needs more rental housing. • The proximity to the industrial park is perfect. • City needs the tax base. PAGE 2 Plan Commission Minutes, continued February 10, 2011 Ald. Snead noted that Ald. Werner, alderman of the district, received concerns from neighbors of the project. Mayor Johnson also had concerns relating to if this is the best use of the property and the benefits to the neighborhood and the City. Commissioner Noah explained he feels there is a high level of design and top quality materials and is not at all displeased with the design. Ald. Borgman stated he is in full agreement and added he feels the buildings are built to the standards of the Moorland Road and Janesville Road area. Commissioner Burke expressed concern with the amount of landscaping on the east. Commissioner Noah stated he does not want to see a standing row of trees but the site views from the neighbors should be looked into and evergreen type trees should be clustered along the site lines. Commissioner Burke made a motion to Amend Resolution #P.C.071-2010 to add; BE IT FURTHER RESOLVED, That additional landscaping must be added to the eastern portion to create a natural buffer, and BE IT FURTHER RESOLVED, That before occupancy is granted all existing building improvements will be completed. Commissioner Stinebaugh seconded. Upon a roll call vote, the Resolution was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 071-2010 was ADOPTED unanimously. RESOLUTION #P.C. 001-2011 — Approval of a Right-of-way Vacation, Two Lot Certified Survey Map, and a Condominium Plat for Rustic Trails/Trail Court located in the SE'/4 of Section 7 (Tax Key Nos. 2188.032, 2188.033, 2188.034, 2188.035, 2188.036, & 2188.037 / Trail Court). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 001-2011. Commissioner Noah seconded. Mr. Trzebiatowski explained the Petitioner is requesting a right of way vacation, CSM and Condo Plat approval to create a private development. There are currently three homes in the subdivision. Two homes and two vacant lots will be part of the condo plat and the third home will not. The right of way vacation will eliminate the public right of way and the City will have no responsibility for the road. The road has already been built to City standards. Public Works has reviewed the request and there were no concerns, other than maintenance of the road. The Resolution states that the road must be maintained to City standards. The CSM and Condo Plat meet the bulk requirements of the code. Jason Geiger, petitioner and property owner, was present and explained his reasoning for combining the properties is for privacy, security, safety, and liability. Once the process is complete they will be installing a gated entrance. They have had problems in the past with break-ins and kids on their property. There is a pond close to the road and they are concerned a child will fall in. Mr. Trzebiatowski explained there is a similar gate situation on Bass Bay Lane and this single- family condo idea is common in other communities such as Brookfield. Commissioner Burke noted there should be guidelines for future requests. Upon a roll call vote, Resolution #P.C. 001-2011 was ADOPTED unanimously. RESOLUTION #P.C. 004-2011 — Approval of a Building, Site, and Operation Plan for L Spa located in the NE'/4 of Section 2 (Tax Key No. 2165.985 / Janesville Road). Ald. Borgman made a motion to ADOPT Resolution #P.C. 004-2011. Commissioner Burke seconded. Mr. Trzebiatowski explained the petitioner is proposing a new 3,000 square foot structure in the Historic Crossroads area of Tess Corners along Janesville Road. The property is within Redevelopment District #1. The Community Development Authority reviewed the BSO plans at PAGE 3 Plan Commission Minutes, continued February 10, 2011 their January meeting and found the plans followed the intentions of the Redevelopment District. The building is designed under the Bungalow style architecture. The structure is to be built with four-sided architecture. The Historic Crossroads Design Guide does not call for 50% masonry product on structures in this area. The materials include hardie shingle, hardie trim, hardie plank, stone sills, stone veneers, and asphalt dimensional shingles. Also included are false dormers on the roof, faux window shutters, hardie shake shingles and sofit struts under the gable lines. Masonry is found along the base of the entire building except the northern fagade, which is unseen from public view. The site is a very unique shape and has an existing drainage easement and floodplain on the property. The overall site layout meets the zoning requirements with the exception of the font parking setback and front parking stall size. The setback requirement for parking is usually 10-feet. The petitioner is requesting 3-feet. Staff feels this reduced setback works with this layout as the buildings in the HC-1 district are already allowed closer to the street and the parking setback doesn't affect any of the surrounding properties negatively. The parking stalls are shown as 10'x20' in the back of the lot and 9'x18' in the front of the building. Staff feels the reduction is size requirement can be allowed since it isn't for every stall and there is a difficult site layout to work with. Staff is recommending approval. Ald. Snead expressed concern with storm water runoff. Ald. Snead explained there are already water problems in this area and is concerned this will add to it. Water drains from New Berlin and the Tess Corners area into the creek; which then floods the residents along Gaulke Drive. Mr. Trzebiatowski explained a grading plan will need to be submitted at the time of permits showing where the water will drain to. Commissioner Noah stated the building and materials look good and likes the detail on the east fagade of the building because there doesn't seem to be room for landscaping on that side. Commissioner Noah added that he is concerned with the soundness of the structures being that close to a slope. Commissioner Burke explained he would like to see more stone used and is disappointed there is no stone on the northern fagade. Ald. Borgman stated the design matches the standards for the area and feels it is a good looking building. Commission Jacques and Stinebaugh agreed and Commission Jacques added the L- Spa will be a welcomed addition. Ald. Snead made a motion to AMEND Resolution #P.C. 004-2011 to include: BE IT FURTHER RESOLVED, That special attention be paid to the grading plan to minimize the water flow to the Tess Corners Creek. Commissioner Noah seconded. Upon a roll call vote, Resolution #P.C. 004-2011 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 004-2011 was ADOPTED 5-1, with Commissioner Burke voting no. RESOLUTION #P.C. 005-2011 — Approval of a Building, Site, and Operation Plan Amendment for Wal-Mart located in the NE '/4 of Section 3 (Tax Key No. 2169.999.003 / W159 S6530 Moorland Road). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 005-2011. Commission Stinebaugh seconded. Mr. Trzebiatowski explained the petitioner is proposing a temporary outdoor garden sales center at the new Wal-Mart from March 1st to September 5th this year only. The garden center would be located along the northern fagade of the existing garden center enclosure. The proposed area would consist of pallets of materials with benches for flowers and plants and will consume 13 parking stalls. Complaints may result in a re -review by Plan Commission; which could result in revocation of this approval. PAGE 4 Plan Commission Minutes, continued February 10, 2011 Jason Radliff, store manager, was present and explained by extending this area they are providing a drive-thru area for customers. Commissioner Noah explained areas of the building were required to be enclosed for a reason. Commissioner Noah added this approval is for one year and if they want to come back next year for approval, more architectural detail should be added such has fencing. Commissioner Burke agreed. Upon a roll call vote, Resolution #P.C. 005-2011 was ADOPTED unanimously. #P.C. 006-2011 — Discussion of a Conceptual Land Division for Crystal Cove located in the SE '/4 of Section 32 (Tax Key Nos. 2287.999.004 & 2288.996.003 / Racine Avenue - Crystal Drive). Mr. Trzebiatowski explained the petitioner submitted a conceptual subdivision plat dividing two current parcels to allow 12 single family residential parcels. In 2009 the petitioner conceptually requested 24 single-family residential parcels in the eastern non-sewered portion and 23 two - unit condo structures in the western sewered portion. Planning Commission didn't look favorable upon increased density at that time and residents were concerned with environmental impacts. The 2020 Plan depicts the area for rural density residential and the proposal is consistent with the plan. The property is zoned RS-2 Suburban Residence District, which requires a minimum lot size of 40,000 square feet and average lot width of 220-feet. The parcels meet the non-sewered zoning requirements and would remain privately sewered. The development would enter from one access point off of Muskego Dam Road through the existing Crystal Lakes Subdivision along the southeast side of Crystal Lake. A future access point to Racine Avenue could take place upon future development along Racine Avenue. Mr. Trzebiatowski noted the following; the concept differs greatly from the original proposal and now allows for a very rural subdivision format that works with the terrain and environmental features, all wetlands have been re -delineated this past year and are up to date, future conservation management easements may need to be discussed, and the long street stub would be allowed by Muskego ordinances because it is temporary and will connect to a future development. Staff feels this conceptual plat works well. The rural themed lot sizes and lot pattern should work well in the area and Muskego has a limited amount of subdivisions and lots of this size which could fulfill a niche. Bill Carity, developer, was present and explained the plans from 2009 have been re -thought and the area researched. Wetland delineations were recently updated and surveyed onto the parcel. Soil borings were completed and it was found that several lots are not able to hold a septic system, which can be accomplished through an easement to an outlot. A 3 acre parcel has been added to stub out to Muskego Dam Road, via Crystal Drive. The area will include larger rural themed lots. Six of the lots will front on Crystal Lake. The lots will be large enough for accessory buildings. Ald. Borgman expressed concern with one way in and out of the subdivision for emergency vehicles. Mr. Carity explained the proposal is for a long temporary cul-de-sac. In the future the road will eventually connect to the existing development and out to Muskego Dam Road. Commissioner Stinebaugh explained he likes the design and it eliminates the past density issues. Not concerned with the road termination because the sewered area will eventually get developed. Commissioner Noah asked for clarification on lot 12 where the mound system appears to be on another property. Mr. Carity explained the mound system is permitted on another property and will be accessed through an easement. Commissioner Noah also questioned if there is an issue with private laterals crossing the road. Mr. Trzebiatowski explained it should not be an issue and can be addressed with the subdivision plat. PAGE 5 Plan Commission Minutes, continued February 10, 2011 Commissioner Burke questioned how the easement for the septic systems located in the outlot would be handled. Mr. Carity explained there would be three separate systems and the laterals would be in one easement. Commissioner Burke added he likes the plan. Ald. Snead opened the meeting for public comment from the following residents: Brian Kramer, W188 S10751 Muskego Dam Road • Feels the landowner has the right to build, but is against improper development • There is an underground watershed with multiple wetlands and the water cannot be contained. • This area was in the Big Muskego Lake Wetland Management District but was removed because it is an underground watershed. • Proposal has a long way to go with holding/retention ponds • Concerned with mosquitos and blue algae in stagnant ponds • Concerned with the one way in/out cul-de-sac. Temporary could be limitless Michael Kuwitzky, W188 S10793 Kelsey Drive • Concerned with the drinking water and septic systems • Concerned with flooding that already takes place • Few rural areas left, would like to maintain the environment Mr. Carity explained the wetlands have been thoroughly studied and the Engineering Department's requirements will be followed. Mr. Carity further added he could include a grading plan at the time of the preliminary plat. Commissioner Stinebaugh cautioned there will be a big pool of water that will need to be aerated and made to look attractive. RESOLUTION W.C. 007-2011 — Approval of a Building, Site, and Operation Plan Amendment for O'Reilly Auto Parts located in the NW '/4 of Section 10 (Tax Key No. 2198.984.001 / S74 W16890 Janesville Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 007-2011. Commissioner Burke seconded. Mr. Trzebiatowski explained O'Reilly Auto Parts will be leasing a space formally occupied by Blockbuster and is requesting to paint the upper portion of the front and side fagade red. The parcel is within Redevelopment District #2 and the Community Development Authority, at their January meeting, thought that allowing a single leased area to be painted differently doesn't fall into enhancing the image of downtown Muskego. Staff also does not feel the resolution should be approved but suggested allowing the petitioners to box out just the sign portion in the red color. Discussion took place on the background being painted red and the Commissioners agreed that this is not a step in the right direction for the building or the area. Commissioner Noah suggested having the red as a background of the sign only. Ald. Snead suggested deferring this item to allow the petitioner to come back to Plan Commission with another design limiting the red painted area to the boundaries of the sign or boxing the red area as part of the sign. Commissioner Noah made a motion to DEFER Resolution #P.C. 007-2011. Commissioner Jacques seconded. Resolution #P.C. 007-2011 was DEFERRED unanimously. RESOLUTION #P.C. 008-2011 — Approval of a two lot Certified Survey Map for the Rozeski property located in the SE '/4 of Section 13 (Tax Key No. 2212.994.001 / S84 W 12696 Schaefer Drive). Commissioner Burke made a motion to ADOPT Resolution #P.C. 008-2011. Commissioner Noah seconded. Mr. Trzebiatowski explained the petitioner is proposing to divide one parcel by CSM to create two parcels. The lots will range in size from 1.55 to 2.7 acres. The proposal is consistent with the 2020 Comprehensive Plan and the RSE zoning requirements. The CSM meets the bulk requirements of the Code. The Park and Conservation PAGE 6 Plan Commission Minutes, continued February 10, 2011 Plan shows wooded areas on site as a Low Conservation priority. The City Forester will need to tour the site and recommend conservation techniques to preserve quality environmental features. The Forester's recommendation will be forwarded for Common Council approval. Upon a roll call vote, Resolution #P.C. 008-2011 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 009-2011 — Approval of a removal of a Conditional Use Grant (#177) for Ricco property located in the SW '/4 of Section 26 (Tax Key No. 2263.998.003 / W 151 S10178 Thode Drive). MISCELLANEOUS BUSINESS Commissioner Noah requested that if any road vacations come to the Plan Commission in the future, history or background information as to why the vacation is being requested would be helpful. Commissioner Noah suggested clarifying the process for the petitioner with a statement of approval being made after the vote. ADJOURNMENT Commissioner Jacques made a motion to adjourn at 8:50 PM. Upon a voice vote, motion carried. With no further business to the meeting was adjourned. Respectfully submitted, Kellie McMullen Recording Secretary Commissioner Noah seconded. come before the Commission, PAGE 7 City of Muskego Plan Commission Supplement PC 007-2011 For the meeting of. March 1, 2011 REQUEST: Building Site and Operation Plan Amendment for O' Reilly Auto Parts Tax Key No. 2198.984.001 / S74 W16890 Janesville Road NW '/4 of Section 10 PETITIONER: O'Reilly Auto Parts INTRODUCED: February 1, 2011 LAST AGENDA: February 1, 2011 PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 007-2011 Plan Commission deferred this item at their February 1, 2011 meeting to have the petitioner come back with a revised plan. The Plan Commission was not in favor of red band along the upper portion of the entire fagade. They suggested that the petitioner come back with a plan that just showed a red box behind the area of the sign or something similar. A new rendering has been submitted that only includes a painted red box behind the area of the sign. See the new attached rendering for details. O'Reilly Auto Parts recently submitted a permit to occupy the leased space formally occupied by Blockbuster in the Parkland Plaza building where the Post Office and Sherwin Williams Paints currently reside. O'Reilly has requested to paint a portion of the front fagade of the structure which is a substantial change to the overall BSO of the leased structure. Thus, Planning Commission approval is required. DISCUSSION PC 007-2011 As part of the O'Reilly permit, they are requesting to paint the upper portions of the front (southern) and side (west) facades a custom "O'Reilly Red." A rendering in the supplement depicts the color and areas requested for this color. The fagade of the entire structure has always been tan in color. Further, the entire fagade of the structure has always been one sole color and not broken up with different colors for different tenants. Due to this building being older there isn't any specific signage plan or formal BSO approval as we would see in other developments. Thus, it would be up to the Planning Commission to determine if we want to allow the change in color for this specific facade portion of the structure. Since this parcel is in Redevelopment District #2, staff did take the rendering to the January 18, 2011 Community Development Authority (CDA) meeting. The CDA is simply charged to see how the proposal fits within the Redevelopment District #2 Plan. Painting a fagade isn't called out specifically in the RD #2 Plan but certain portions of the text do talk about what types of developments/redevelopments the city should look to approve and promote in this area of the city. Specifically, the RD #2 Plan says that "Redevelopment in this area should seek to enhance the image, profile, and use of Downtown Muskego." Based on that text, the CDA thought that allowing a single leased area to be painted so differently, didn't fall into enhancing the image of Downtown Muskego. In all, given past Planning Commission approvals of retail centers such as this, staff doesn't believe that the resolution should be approved. Possibly allowing the petitioners to box out just the sign portion in the red color may work. However, coloring the entire fagade in the red color isn't practical when other tenants could then come in for color changes as well and you will soon have a building with some very hodge podge colors which probably doesn't fit the image and profile of what the community is going for in the downtown of Muskego and the Redevelopment District #2. The petitioner's should be on hand at the meeting to answer questions and to describe their thoughts behind the proposal as well. STAFF RECOMMENDATION PC 007-2011 The Plan Commission will need to determine if this meets their intensions for this area. Resolution #PC 007-2011 Supplemental Map s Seal 112 e: 1 LEGEND Agenda Item(s) Property Zoning Districts /"/ Right-of-way Hydrography Aerial Photo Date: April 2007 LM ol: Prepared by City of Muskego 1I i `rSk 1'"". Plan ning Department 11 _.� dip 1 / Petitioner - O'Reilly Auto Parts S74 W16890 Janesville Road AMENDED RESOLUTION #P.C.007-2011 APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN FOR O-REILLY AUTO PARTS LOCATED IN THE NW'/4 OF SECTION 10 (TAX KEY NO. 2198.984.001 / S74 W16890 JANESVILLE ROAD) WHEREAS, On January 13, 2011 plans were submitted by O'Reilly Auto Parts for an amendment to a Building, Site and Operation Plan for the structure located in the NW '/4 of Section 10 (Tax Key No. 2198.984.001 / S74 W16890 Janesville Road), and WHEREAS, O'Reilly Auto Parts is looking to lease out a portion of the structure on the above referenced lot and they wish to paint a portion of the fagade "O'Reilly Red", and WHEREAS, Based upon comments from the Plan Commission, a revised submittal was received on February 17, 2011 that include a painted red box just behind the actual sign area, and WHEREAS, The current structure is all tan in color and has multiple lessees within it, and WHEREAS, The current structure has always been one sole color in the past, and WHEREAS, The city has an adopted Redevelopment District #2 Plan in this area which states "Redevelopment in this area should seek to enhance the image, profile, and use of Downtown Muskego", and THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building, Site and Operation Plan for O'Reilly Auto Parts located in the NW '/4 of Section 10 (Tax Key No. 2198.984.001 / S74 W16890 Janesville Road). BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community Development Department and that 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 Commission City of Muskego Adopted: Defeated: Deferred: February 10, 2011 Introduced: February 10, 2011 ATTEST: Kellie McMullen, Recording Secretary O'Reilly .', . low [[[[Q[ IQi[[[lii[[ ffin,Reilly PROFESSIONAL PARTS PEO City of Muskego Plan Commission Supplement PC 009-2011 For the meeting of.• March 1, 2011 REQUEST: Removal of a Conditional Use Grant for a Guest House on the Ricco Property W151 S10178 Thode Drive / Tax Key No. 2263.998.003 SW '/ of Section 26 PETITIONER: Belinda & Ronald Ricco INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 009-2011 On January 17, 2006 the Plan Commission approved Resolution #PC 143-2005, Conditional Use Grant for a Guest House located at W151 S10178 Thode Drive. On December 2, 2010 a request was submitted by Belinda Ricco to remove the Conditional Use for the Guest House for a future land division. The Guest House will become the main home on the new property. STAFF DISCUSSION PC 009-2011 There are no staff concerns with the removal of this CUG. It needs to occur since this building will be the only residential structure on the new property once the land division is finalized. This CUG removal does not at all affect the other CUG that will remain on this site for the allowance of a Rustic Structure for the existing barn. STAFF RECOMMENDATION PC 009-2011 Approval of Resolution PC 009-2011 Resolution #PC 009-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Ronald & Belinda Ricco W151 S10178 Thode Drive RESOLUTION #P.C. 009-2011 APPROVAL OF A REMOVAL OF A CONDITIONAL USE GRANT (#177) FOR THE RICCO PROPERTY LOCATED IN THE SW '/4 OF SECTION 26 (TAX KEY NO. 2263.998.003 / W151 S10178 THODE DRIVE) WHEREAS, On December 2, 2010 a request was received from Belinda Ricco to remove the Conditional Use Grant for the Guest House on the property located at W151 S10178 Thode Drive for the purpose of a future land division, and WHEREAS, On January 17, 2006 the Plan Commission approved Resolution #PC 143-2005, Approval of a Conditional Use Grant for a Guest House, and WHEREAS, The Guest House will become the principal dwelling on the new lot once the land division is recorded. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby approve the removal of the Conditional Use Grant #177 for the purpose of a Guest House at W 151 S10178 Thode Drive (Tax Key No. 2263.998.003). Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 011-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for the George Alex Property (Mini -Storage) S98 W 12712 Loomis Drive / Tax Key No. 2257.984 NE '/4 and SE '/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 011-2011 The parcel is located off of Loomis Drive. The site contains two mini -storage buildings towards the rear of the site and an office on the front of the site. Approvals were received per #P.C. 227-94 for a Conditional Use Grant and Building, Site, and Operation Plan to conduct mini -warehouse operations on the property. The resolution approved two structures, and both structures are now constructed on the lot. The CUG dictates that no outdoor storage is permitted, no vehicle repair is allowed, and no business operations are allowed to be conducted from the storage buildings. An annual review is required. STAFF DISCUSSION PC 011-2011 A site inspection of the site was conducted on February 23, 2011. The site met the conditions formally approved. No complaints were received by the Planning Department since the last annual review. STAFF RECOMMENDATION PC 011-2011 Approval of Resolution # PC 011-2011 Resolution #PC Supplemental 011-2011 Map =-- �opM r G� _ N5 R.SE- OG� LOOM IS DR N O ' 0 125 Scale: 250 500 Feet LEGEND Agenda Item(s) Property Owner: COLLEGE Property ■ I Zoning Districts George Alex \/ Right-of-wayPNES��E Loomis Drive Area of Interest Hydrography =P Aerial Photo Date: April 2010 5 Prepared by City of Muskego IL ,rfit �.�^ Planning Department l L S �_f. 2/24/2011 RESOLUTION P.C. 011-2011 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI - STORAGE WAREHOUSES FOR GEORGE ALEX FOR THE PROPERTY LOCATED AT S98 W12712 LOOMIS DRIVE (TAX KEY NOS. 2257.984) WHEREAS, This parcel contains a Conditional Use Grant and Building, Site and Operation plan that was adopted by the Plan Commission for two mini -storage warehouses for the property located on Loomis Drive for George Alex under Resolution #P.C. 227-94 on December 20, 1994, and WHEREAS, The site conditions of approval included: 1. Beginning in March of 1996, an annual review shall be conducted to ensure the development is maintained. 2. No outside storage of vehicles, equipment, goods or materials. 3. No vehicle repair or restoration activities. 4. No manufacturing, assembly or materials and goods distribution operations, and WHEREAS, A site inspection was completed on February 23, 2011 for the property and it was in compliance with the conditions of the approved BSO and CUG, and THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review for the Conditional Use Grant and the Building, Site, and Operation plan for the George Alex property. BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the second meeting in March of every calendar year. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the imposition of fines of $100 per day per violation, the initiation of legal action or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 012-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for the George Alex / Robert Jacob Property (Mini -Storage and Auto Repair) Loomis Court and North Cape Rd. (USH 45) / Tax Key No 2257.973.001 NE'/4 and SE'/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 2, 2010 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 012-2011 This parcel is located off of Loomis Court and North Cape Road (USH 45). The site contains two buildings. The southern building contains mini -storage units and an office/retail space, currently used by My Table Pottery. The northern building contains mini -storage units and an auto repair business. These two building locations were on two separate parcels at one time but when the northern building was built, the two parcels were joined into one. The BSO and CUG approvals for this site were approved under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, and #P.C. 025-2007. An annual review is required. The basic conditions of the approvals are as follows: An auto repair business may operate off the northern building on the site. There can be no cars for sale on this property. The southern building's office area is limit to only have five (5) small motor vehicles for outdoor display. These displays can only be out during business operating hours. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern portion of the site. The fencing of this area must include brown colored privacy slats. There shall be no unapproved ancillary signage on the property for any reason. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times within the fenced area at the northeastern part of the site, with the exception of three (3) U- Haul trucks parked east of the newer building. STAFF DISCUSSION PC 012-2011 A site inspection was conducted on February 23, 2011 and the site was in compliance with the approved BSO. STAFF RECOMMENDATION PC 012-2011 Approval of Resolution # PC 012-2011 Resolution #PC 012-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: George Alex / Robert Jacob Loomis Court / North Cape Road Area of Interest RESOLUTION P.C. 012-2011 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI - STORAGE WAREHOUSES AND AUTO REPAIR FOR GEORGE ALEX AND ROBERT JACOB FOR THE PROPERTY LOCATED ON LOOMIS COURT AND NORTH CAPE ROAD (TAX KEY NO. 2257.973.001) WHEREAS, The property contains a Conditional Use Grant and Building, Site and Operation plan that was adopted by the Plan Commission for one mini -storage warehouse building with office space and for a building with mini -storage warehouses and an auto repair business for the property located on Loomis Court and on North Cape Road (USH 45) for George Alex and Robert Jacob, most recently under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050- 2005, and #P.C. 025-2007, and WHEREAS, The site conditions of approval included: 1. An auto repair business may operate out of the northern building on the site. 2. There can be no cars for sale on this property. 3. The southern building's office area is limited to only have five (5) small motor vehicles for outdoor display. These displays can only be out during business operating hours. 4. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 5. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern portion of the site. The fencing of this area must include brown colored privacy slats. 6. There shall be no unapproved ancillary signage on the property for any reason. 7. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times within the fenced area at the northeastern part of the site, with the exception of three (3) U-Haul trucks parked east of the newer building, and WHEREAS, A site inspection was completed on February 23, 2011 and the site was in compliance with the approved BSO. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review for the Conditional Use Grant and the Building, Site, and Operation plan for the George Alex and Robert Jacob property. BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the March meeting of every calendar year. BE IT FURTHER RESOLVED, This annual review resolution allows any approved amendments from PC Resolution #025-2007 as permitted by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the imposition of fines of $100 per day per violation, the initiation of legal action or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 013-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for Jetz Fuel S69 W 15461 Janesville Road / Tax Key No. 2167.995.011 SW '/ of Section 2 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 013-2011 The petitioner received approval in Resolution #PC 072a-2003 for a BSO and CUG to operate a gasoline service station and a car wash. The property is zoned as a Planned Development under the auspices of the B-4 commercial uses and is permitted by a Conditional Use Grant in the district. The major concerns of the approval are noted below: 1. No outdoor sale or storage (including, but not limited to, vending machines, LP, and palettes of various products — water softener salt, soda, etc.). 2. Any ancillary signage on the property is expressly prohibited unless specifically regulated by Section 17:6.09 of the Municipal Code. 3. An annual review is required. STAFF DISCUSSION PC 013-2011 Staff conducted a field inspection on February 23, 2011 and the site was in compliance with the approved BSO. Since this site has been in compliance for numerous annual reviews, staff is recommending the removal of the annual review requirement. The resolution is drafted as such. If any site issues arise in the future, the City can still enforce all requirements of the BSO and CUG and bring this back for Plan Commission review if necessary. STAFF RECOMMENDATION PC 013-2011 Approval of Resolution # PC 013-2011 Resolution #PC 013-2011 Supplemental Map lop O01•. y Y � • PD-37 P�`NG�.�oN � � � . _ Y 0 125 ^p4�56500 Feet ' Scale: PN�P� F LEGEND IJ Agenda Item(s) COLLEGE Property Owner: ��os� Property �' -6 ■ I Zoning Districts Area of Interest Jetzfuel y JPNESNLE $s a Right-of-way Janesville Road Hydrography =P Aerial Photo Date: April 2010 5 Prepared by City of Muskego ,r` .I k i./;7n Planning Department lL 7 1L. ►. 2/25/2011 RESOLUTION #P.C. 013-2011 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A GASOLINE SERVICE STATION AND A CAR WASH FOR JETZ FUEL AT THE PROPERTY LOCATED IN THE SW '/4 OF SECTION 2 (S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011) WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site and Operation Plan for a gasoline service station and a car wash for Jetz Fuel at the property located at S69 W15461 on July 15, 2003 by Resolution #P.C. 072a-2003, and WHEREAS, The property is zoned as Planned Development under the auspices of the B-4 commercial uses and is permitted by Conditional Use Grant in the district, and the Plan Commission has required an annual review as a condition of the approval, and WHEREAS, The approval stated that no outdoor sale or storage (including, but not limited to, vending machines, LP, and palettes of various products — water softener salt, soda, etc.) shall be allowed on the property, and WHEREAS, The approval stated that any ancillary signage on the property is expressly prohibited unless specifically regulated by the Municipal Code, and THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Jetz Fuel, subject to compliance with all Conditional Use Grant conditions of approval. BE IT FURTHER RESOLVED, That the yearly review requirement is being removed from this property due to the positive compliance history. 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 014-2011 For the meeting of. March 1, 2011 REQUEST: Annual Review for G and G Specialized Carriers Apollo Drive / Tax Key No. 2225.999.019 NE'/ of Section 17 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 014-2011 The Plan Commission approved a Building, Site, and Operation Plan for G and G Specialized Carriers at the property in the Muskego Industrial Park located on Apollo Drive (Tax Key Number 2225.999.019) on June 21, 2005, by Resolution #P.C. 067a-2005. The resolution stated that due to the added concerns of having residential uses abut this property, Plan Commission would like an annual review to take place yearly within the month of March. During the 2008 annual review there was a change made to this site approval which allowed a 113-foot long (8-foot high) chain link fence with earthtone colored slatting along the southwest portion of the western parking lot and outdoor storage was then allowed in front of this newly fenced area. STAFF DISCUSSION PC 014-2011 Staff conducted a field inspection on February 23, 2011 and the site was in compliance with the approved BSO. There have been no complaints about this property received by the Planning Division this year. Since this site has been in compliance for numerous annual reviews, staff is recommending the removal of the annual review requirement. The resolution is drafted as such. If any site issues arise in the future, the City can still enforce all requirements of the BSO and bring this back for Plan Commission review if necessary. STAFF RECOMMENDATION PC 014-2011 Approval of Resolution # PC 014-2011 Resolution #PC 014-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: G & G Specialized Carriers LLC Apollo Drive RESOLUTION #P.C. 014-2011 APPROVAL OF AN ANNUAL REVIEW FOR G AND G SPECIALIZED CARRIERS LOCATED IN THE NE'/4 OF SECTION 17 (TAX KEY NO. 2225.999.019 / APOLLO DRIVE) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for G and G Specialized Carriers at the property in the Muskego Industrial Park located on Apollo Drive (Tax Key Number 2225.999.019) on June 21, 2005, by Resolution #P.C. 067a-2005, and WHEREAS, The property is zoned M-2, Industrial District, and said use is allowed by Plan Commission approval, and WHEREAS, Plan Commission stipulated in Resolution #P.C. 067a-2005 that due to the added concerns of having residential uses abut this property, a yearly review will continue to be held no later than the March meeting of every calendar year, and WHEREAS, During the 2008 annual review there was a change made to this site approval which allowed a 113-foot long (8-foot high) chain link fence with earthtone colored slatting along the southwest portion of the western parking lot and outdoor storage was then allowed in front of this newly fenced area, and WHEREAS, A site inspection was completed on February 23, 2011 and the site was in compliance with the approved BSO, including the amendments that were part of the 2008 annual review, and WHEREAS, No complaints have come into the Community Development Department regarding this site since the amendments were made in July 2008. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for G and G Specialized Carriers, subject to compliance with all conditions of approval. BE IT FURTHER RESOLVED, That the site will still have to abide by the originally approved operating hours and further citations could be issued if problems arise. BE IT FURTHER RESOLVED, That the yearly review requirement is being removed from this property due to the positive compliance history. BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the Building Department and all aspect 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 015-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for Burback Builders LLC Tax Key No. 2221.016.001 / W185 S8095 Racine Avenue NW '/ of Section 16 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N / A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 015-2011 The Plan Commission approved a Building, Site, and Operation Plan for Burback Builders LLC at the property in the Muskego Industrial Park located at W185 S8095 Racine Avenue (Tax Key Number 2221.016.001) on August 2, 2005, by Resolution #P.C. 080-2005. Plan Commission stipulated in Resolution #P.C. 080-2005 that an annual review be completed in March of every year to make sure the stipulations of the original BSO approvals were being followed. STAFF DISCUSSION PC 015-2011 Staff conducted a field inspection on February 23, 2011 and the site was in compliance with the approved BSO. There have been no complaints about this property received by the Planning Division this year. STAFF RECOMMENDATION PC 015-2011 Approval of Resolution # PC 015-2011 Resolution #PC 015-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Burback Builders W185 S8095 Racine Ave RESOLUTION #P.C. 015-2011 APPROVAL OF AN ANNUAL REVIEW FOR BURBACK BUILDERS LLC LOCATED IN THE NW '/4 OF SECTION 16 (TAX KEY NO. 2221.016.001 / W185 S8095 RACINE AVENUE) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for Burback Builders LLC at the property in the Muskego Industrial Park located at W185 S8095 Racine Avenue (Tax Key Number 2221.016.001) on August 2, 2005, by Resolution #P.C. 080-2005, and WHEREAS, The property is zoned M-2, Industrial District, and said use is allowed by Plan Commission approval, and WHEREAS, Plan Commission stipulated in Resolution #P.C. 080-2005 that an annual review be completed in March of every year to make sure the stipulations of the original BSO approvals were being followed, and WHEREAS, There was a fence/wall that was constructed to the south and east of the main building on site to screen the dumpster and other outdoor storage items that were issues discovered as part of the 2008 annual review, and WHEREAS, A site inspection was completed on February 23, 2011 and the property was found to be in compliance with the approved BSO. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Burback Builders LLC. 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 016-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for Bushy's Pub and Grill Tax Key No. 2167.997 / S67 W14831 Janesville Road SW '/ of Section 2 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 016-2011 In 2004, the petitioner received BSO Plan approval to allow the bar and restaurant operations on the site. The BSO included a requirement for an annual review so Planning Commission could make sure the requirements of the BSO are being followed. STAFF DISCUSSION PC 016-2011 Staff conducted a field inspection on February 23, 2011 and the site was in compliance with the approved BSO. There have been no complaints about this property received by the Planning Division this year. The property owner has worked to fit within the neighborhood and has installed signs noting "No reving of motorcycle engines" and "Not a thru street". Since this site has been in compliance for numerous annual reviews, staff is recommending the removal of the annual review requirement. The resolution is drafted as such. If any site issues arise in the future, the City can still enforce all requirements of the BSO and bring this back for Plan Commission review if necessary. STAFF RECOMMENDATION PC 016-2011 Approval of Resolution # PC 016-2011 Resolution #PC 016-2011 Supplemental Map GOLDEN COUNTRY -' 141r; O � � 4 �� yf * or JP � i - I-1 � a - o N 0 125 250RNELL CIR 500 Feet scale: LEGEND IJ Agenda Item(s) COLLEGE Property Owner: Property Area of Interest -' ■I Zoning Districts Bushy's Pub and Grill /111%/ Right-of-way S67 W14831 Janesville Road >� Hydrography =P Aerial Photo Date: April 2010 5 C1T1 I II Prepared by City of Muskego ,I L IC� H,0 Planning Department 7 l lJ.- 2/24/2011 RESOLUTION #P.C. 016-2011 APPROVAL OF AN ANNUAL REVIEW FOR BUSITY'S PUB AND GRILL LOCATED IN THE SW '/4 OF SECTION 2 (S67 W 14831 JANESVILLE ROAD / TAX KEY NO. 2167.997) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan on June 15, 2004 for Bushy's Pub and Grill located at S67 W 14831 Janesville Road, and WHEREAS, The property is zoned HC-1, Tess Corners Historic District, and current uses are allowed by right, and WHEREAS, The petitioner received BSO Plan approval to allow the bar and restaurant operations on the site with a requirement for an annual review so Planning Commission could make sure the requirements of the BSO are being followed, and WHEREAS, A site inspection was completed on February 23, 2011 and the site was in compliance with the approved BSO, and THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for Bushy's Pub and Grill. BE IT FURTHER RESOLVED, That the yearly review requirement is being removed from this property due to the positive compliance history. 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 017-2011 For the meeting of. March 1, 2011 REQUEST: Approval of an Annual Review for Marx Pioneer Inn W180 S7808 Pioneer Drive / Tax Key No. 2196.983 SE'/4 of Section 9 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 017-2011 The petitioner received approval through #P.C. 124-2005 to pave a parking lot and install landscaping at the Pioneer Inn on Pioneer Drive. The Planning Commission required an annual review for this property. This is to ensure continued property compliance as well as to check to see if the allowed reduced parking offset from the northern lot line has caused any problems. STAFF DISCUSSION PC 017-2011 Staff conducted a field inspection on February 23, 2011 and the site was in compliance with the approved BSO. There have been no complaints about this property received by the Planning Division this year. Since this site has been in compliance for numerous annual reviews, staff is recommending the removal of the annual review requirement. The resolution is drafted as such. If any site issues arise in the future, the City can still enforce all requirements of the BSO and bring this back for Plan Commission review if necessary. STAFF RECOMMENDATION PC 017-2011 Approval of Resolution # PC 017-2011 Resolution #PC 017-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Marx Pioneer Inn W180 S7808 Pioneer Drive RESOLUTION #P.C. 017-2011 APPROVAL OF AN ANNUAL REVIEW FOR MARX PIONEER INN LOCATED IN THE SE'/4 OF SECTION 9 (W180 S7808 PIONEER DRIVE / TAX KEY NO. 2196.983) WHEREAS, On October 18, 2005 the Plan Commission adopted a Building Site and Operation Plan through Resolution #P.C. 124-2005, and WHEREAS, The BSO approval allowed a paved parking lot with striping and the addition of new landscaping, and WHEREAS, The petitioner was allowed to construct the northern edge of the parking lot three (3) feet off of the northern lot line, and WHEREAS, A site inspection was completed on February 23, 2011 and the site was in compliance with the approved BSO, and WHEREAS, No complaints were received by the Planning Department during the past year. THEREFORE BE IT RESOLVED, That the Plan Commission approves the annual review for Marx Pioneer Inn, located at W180 S7808 Pioneer Drive (Tax Key No. 2196.983). BE IT FURTHER RESOLVED, That the yearly review requirement is being removed from this property due to the positive compliance history. BE IT FURTHER RESOLVED, That all aspects of this building, site and operation plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the imposition of fines of $100 per day per violation, the initiation of legal action or both. Plan Department City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 018-2011 For the meeting of. March 1, 2011 REQUEST: Annual Review for the Central Bark Doggy Day Care Tax Key No. 2222.984.003 / S81 W18460 Gemini Drive NW '/ of Section 16 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 018-2011 The Plan Commission approved a Building, Site, and Operation Plan for Central Bark Doggie Daycare located at S81 W18460 Gemini Drive (Tax Key No. 2222.984.003) on July 15, 2008, by Resolution #P.C. 062-2008. Plan Commission stipulated in Resolution #P.C. 062-2008 that an annual review will be completed for the property during the month of March. STAFF DISCUSSION PC 018-2011 A site inspection was completed on February 23, 2011 and compliance with the approved BSO was found. There have been no complaints about this property received by the Planning Division this year. Since this site has been in compliance for numerous annual reviews, staff is recommending the removal of the annual review requirement. The resolution is drafted as such. If any site issues arise in the future, the City can still enforce all requirements of the BSO and bring this back for Plan Commission review if necessary. STAFF RECOMMENDATION PC 018-2011 Approval of Resolution # PC 018-2011 Resolution #PC 018-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Central Bark Doggy Day Care S81 W18460 Gemini Drive RESOLUTION #P.C.018-2011 APPROVAL OF AN ANNUAL REVIEW FOR CENTRAL BARK DOGGIE DAYCARE LOCATED IN THE NW'/4 OF SECTION 16 (S81 W18460 GEM INI DRIVE / TAX KEY NO. 2222.984.003) WHEREAS, On January 2, 2008, Building, Site and Operation plans were approved by Plan Commission for a doggie daycare located in the NW '/4 of Section 16 (S81 W18460 Gemini Drive / Tax Key No. 2222.984.003), and WHEREAS, Said property is currently zoned M-2 General Industrial District, and said use is already allowed and approved through a conditional use grant for animal kenneling, and WHEREAS, Plan Commission stipulated in Resolution #P.C. 062-2008 that a yearly review be held in March of every calendar year. WHEREAS, A site inspection was completed on February 23, 2011 and the site was found to be in compliance with the previous site approvals. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Central Bark Doggie Daycare located in the NW '/4 of Section 16 (S81 W18460 Gemini Drive / Tax Key No. 2222.984.003). BE IT FURTHER RESOLVED, That the yearly review requirement is being removed from this property due to the positive compliance history. 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 Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 019-2011 For the meeting of. March 1, 2011 REQUEST: Annual Review for Muskego Tire and Auto Tax Key No. 2198.991.002 / S73 W 16610 Janesville Road NW '/ of Section 10 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 019-2011 The Plan Commission approved an amendment to the Landscape Plan for Muskego Tire and Auto to allow a windmill to be operated on the property located at S73 W16610 Janesville Road (Tax Key No. 2198.991.002) on April 6, 2010, by Resolution #P.C. 036-2010. Plan Commission stipulated in Resolution #P.C. 036-2010 that an annual review will be required for noise concerns and will expire after one year if there are no issues. STAFF DISCUSSION PC 019-2011 A site inspection was completed on February 23, 2011 and compliance was found. No complaints have been made to the Planning Division regarding any windmill noise. There will be no further annual reviews unless issues arise in the future. STAFF RECOMMENDATION PC 019-2011 Approval of Resolution # PC 019-2011 Resolution #PC 019-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Muskego Tire and Auto S73 W16610 Janesville Road RESOLUTION #P.C.019-2011 APPROVAL OF AN ANNUAL REVIEW FOR MUSKEGO TIRE AND AUTO LOCATED IN THE NW '/4 OF SECTION 10 (S73 W 16610 JANESVILLE ROAD / TAX KEY NO. 2198.991.002) WHEREAS, On April 6,2010, an amended landscape plan was approved by Plan Commission allowing a windmill on the located in the NW '/4 of Section 10 (S73 W 16610 Janesville Road / Tax Key No. 2198.991.002), and WHEREAS, Plan Commission stipulated in Resolution #P.C. 036-2010 that an annual review will be required for noise concerns and will expire after one year if there are no issues. WHEREAS, A site inspection was completed on February 23, 2011 and the site was found to be in compliance with the previous site approvals. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Muskego Tire and Auto located in the NW '/4 of Section 10 (S73 W 16610 Janesville Road / Tax Key No. 2198.991.002), BE IT FURTHER RESOLVED, That since this review was only required for one year, no further annual reviews will be required, unless issues arise in the future. 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 Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 020-2011 For the meeting of. March 1, 2011 REQUEST: Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant. Crowbar Road / Janesville Road NE'/4 and SE'/ of Section 13, T5N R19E PETITIONER: Payne & Dolan INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 020-2011 Petitioner seeks approval of the required annual review for continued mining and processing of sand and gravel and the extension of use of an asphalt plant. PLAN CONSISTENCY PC 020-2011 Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and extractive land use. The proposal is consistent with the Plan. The M-3, Landfill & Extractive District, allows extractive operations Zoning: by conditional use grant. A CUG was previously approved for the extractive operations and asphalt plant. An annual review is required as a condition of approval. No parks are proposed in the area. High Conservation Priority is along Crowbar Road, specifically as a view corridor. The current Park and Conservation extractive operations are far removed from this area. P & D has Plan continuously improved this area of their site through restoration, slope stabilization, and plantings. The proposal is consistent with the Plan. Street System Plan: rT�e 2010 Street System Plan indicates Crowbar Road to be a 100' imate right-of-way. No dedication is required at this time. Utility Service Areas: IThe property is served by private sewer and private water. DISCUSSION PC 020-2011 A site inspection revealed the site to be well maintained. The site is paved where product is picked up. Erosion control practices are followed; no materials are tracked off site. The equipment on site appears to recently have been painted and is well maintained. Payne & Dolan does not have a schedule for 2011 night-time operations and trucking at this time. When night operations are scheduled, past notification practices will be followed. This includes sending letters regarding their evening operations to affected property owners, accompanied by a phone number for complaints. There was one complaint received last year regarding night trucking when neighbors were not properly notified. Payne & Dolan was notified and quickly rectified the situation. They have stated that they will take the necessary steps to ensure that this does not happen again. A Reclamation Plan was submitted and approved in 2002 as per Chapter 38 of the Muskego Ordinance. This is reflected in the Resolution. STAFF RECOMMENDATION PC 020-2011 Approval of Resolution # PC 020-2011 Resolution #PC 020-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,.{i r` �./�n Planning Department l L 7 (; ►. 2/25/2011 Supplemental Map Property Owner: Payne & Dolan Crowbar Road RESOLUTION #P.C. 020-2011 RECOMMENDATION FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE GRANT #37 AND THE APPROVAL FOR THE RENEWAL FOR THE CONTINUED OPERATION OF THE ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND SE'/4 OF SECTION 13, TSN, R20E WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and WHEREAS, That request also includes renewal for the operation of the asphalt plant, and WHEREAS, All fees have been paid and the public hearing will be held before the Plan Commission on March 1, 2011, and WHEREAS, There is an existing $287,000 bond for site restoration on file with the City, and WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as per Resolution #P.C. 113-2002, and WHEREAS, Per the conditional use, the petitioner will self -regulate the monitoring of trucking and provide neighbors with information of contact personnel to resolve potential disputes, and WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such received an automatic permit for operation from the Wisconsin DNR. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby recommend to the Common Council approval for the renewal of the extraction permit for the Conditional Use Grant #37 and the approval for the renewal of the permit for continued operation of the asphalt plant on Crowbar Road. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 010-2011 For the meeting of: March 1, 2011 REQUEST: Rezoning from A-1 Agricultural District to RC-1 Country Residence District. Racine Avenue / Tax Key Nos. 2240.998 & 2240.998.002 SE'/4 of Section 20 PETITIONER: Lyle Fickau INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP DISCUSSION PC 010-2011 Marlene Simandl, via applicant Lyle Fickau, is requesting a rezoning for her two properties located along Racine Avenue (W191 S9475 Racine Avenue & Vacant Lot to the North / Tax Key Nos. 2240.998 & 2240.998.002). The rezoning would be from A-1 — Agricultural District to RC-1 — Country Residence District. No 2020 Comprehensive Plan amendment is necessary as the proposed Rural Density shown in the 2020 plan does match the proposed rezoning already. The petitioner is requesting this rezoning in order to complete a proposed lot line adjustment. The lot line adjustment is not able to occur without the rezoning. The proposed zoning is already found on some adjacent properties and the proposed zoning fits within the allowances of the 2020 Comprehensive Plan. Lots within the RC-1 district must be at least 200 feet in width and at least 80,000 square feet in area. Since the 2020 Comprehensive Plan identifies this property as Rural Density Residential, any lots within this area would need to be at least 88,898 square feet in size or greater in order to meet the < 0.49 units per acre density requirement. There is no sanitary sewer service currently available that would be feasible to serve these properties. Any divisions/lot line adjustments on these properties will still need separate approvals at a later date if said rezoning is approved. STAFF RECOMMENDATION PC 010-2011 Approval of Resolution PC 010-2011 Resolution #PC 010-2011 Supplemental Map HENNEBERRY DR �P RC-1 N 0 125 250 500 Feet A' } Scale: LEGEND Agenda Item(s) COLLEGE Property Owner: �°sue Property ■ I Zoning Districts �qy Simandl /III%/ Right-of-way W191 S9475 Racine Ave Area of Interest' ° Hydrography Aerial Photo Date: April 2010 1 p°�A5 Prepared by City of Muskego ,.{i r` �./�n Planning Department l L 7 (; ►. 2/25/2011 RESOLUTION #P.C. 010-2011 RECOMMENDATION TO COUNCIL TO REZONE THE SIMANDL PROPERTY FROM THE A-1 TO RC-1 COUNTRY RESIDENCE DISTRICT LOCATED IN THE SE'/4 OF SECTION 20 (TAX KEY NOs. 2240.998 & 2240.998.002 / RACINE AVENUE) WHEREAS, On January 25, 2011 a petition for a rezoning was submitted by Lyle Fickau to rezone a property from the A-1 Agricultural District to RC-1 Country Residence District, and WHEREAS, The reason for the request is so they can adequately allow a future land division or lot line transfer on the properties, and WHEREAS, The rezoning request does not require a 2020 Comprehensive Plan Amendment, and WHEREAS, The proposed zoning district is already found on some adjacent properties in this area, and WHEREAS, A Public Hearing for the rezoning is before the Common Council on February 22, 2011, and WHEREAS, The property is currently served by private sewer and water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from the A-1 Agricultural District to RC-1 Country Residence District for properties located in the SE'/4 of Section 20 (Tax Key Nos. 2240.998 & 2240.998.002). Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary i. S'Ic0 ' a 1' REZONING, EXI-1151 T (RE7oNE ro Rr I) JArI E 5 2011 Fop- L y'LE FICAU LQCAT'"' W 191 S9475 RAGNE AVE . +rrr .rw sa yw-" ,1y �}�1555555111NIIInl1N111� .0 I00799 :.. E- o GARYJ. .....r - ----- - r..r: Mlr�21 PIA MILWAUKEE • a i. ryy wr err°H,�i, L,JIP\1 .sc.p r V p-4 I o� , � 9 n °F n 0 j .rrr • ea�ra.rf• •+�. !rr•..e r `lam.- v ay•rr Jn"A.---683.60 — - - - l ra!>tp N s AC.) J. n � Y ry kA k. D � xs •Sri..-w QP a :roe. �' / F /• .. za•,i•.'o J. c . r f• arr. �UM1 ., w� •re i. r 141802— —-- - r dl'r7'�M'y 8 / INTERLINE SURVEY I/As No y2,,17 SERVICES INC. tit-aa_io wui w 10RLSi srt ml �wfFu HUES coaHCAS. ENs, wo SS]dP rncw 4701:411r City of Muskego Plan Commission Supplement PC 021-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for Durham Hill Auto S98 W12578 Loomis Drive / Tax Key No. 2257.982.002 NE'/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 021-2011 Petitioner seeks approval of the required annual review for the operations at S98 W12578 Loomis Drive. In 2005, the petitioner received CUG and BSO Plan amendments to allow the continued operation of an auto sales business. The BSO included a site plan outlining exact marked parking stalls with areas to be restored to green space (including landscaping). There were additional BSO amendments approved by the Plan Commission under Resolution # P.C. 079-2006 and # P.C. 067-2007. STAFF DISCUSSION PC 021-2011 A Planning Department site inspection was conducted on February 25, 2011 for site compliance relating to the annual review. The site inspection revealed that there were some vehicles not in compliance with the approved plans. Staff talked with the owner and explained the items of concern. Planning staff is going to complete a follow-up inspection on Monday February 28, 2011 to re -check for compliance. The results of this inspection will be discussed to the Plan Commission meeting. STAFF RECOMMENDATION PC 021-2011 Approval of Resolution # PC 021-2011, if all of the violation items have been corrected. Resolution #PC 021-2011 Supplemental Map Pry i L er h 71 • i1R R Lw Li LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 _i_['�T� E II Prepared by City of Muskego IL1I `Ski.'(". 2I/25/201 lepartment Property Owner: Durham Hill Auto S98 W12578 Loomis Drive 4py ci Area of Interest RESOLUTION #P.C. 021-2011 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO LOCATED IN THE NE'/4 OF SECTION 25 (S98 W12578 LOOMIS DRIVE / TAX KEY NO. 2257.982.002) WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building, Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto located at S98 W12578 Loomis Drive, and WHEREAS, There were BSO Amendments approved under Resolution P.C. 079-2006 and P.C. 067-2007, and WHEREAS, The property is zoned B-4, Highway Business, and current uses are allowed by right and by Conditional Use Grant, and WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a site plan that showed marked parking stalls for customer and vehicle sales, areas to be restored to green space, and areas of landscaping, and WHEREAS, A site inspection was completed on February 25, 2011 and there were some vehicles that were not in compliance with the site approvals. THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual review for Durham Hill Auto. BE IT FURTHER RESOLVED, That all of the above violations on site must be brought into compliance. 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 022-2011 For the meeting of: March 1, 2011 REQUEST: Annual Review for Frey Auto S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002 NE '/4 and SE '/ of Section 34 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 1, 2011 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 022-2011 Petitioner received an amended approval in Resolution #PC 082-2005 and #PC 068-2007 to operate an auto sales establishment from these sites. Both properties are zoned B-4 and the use is permitted by Conditional Use Grant in the district. The most recent amendment for these sites states the following: 1. Not more than 44 vehicles can be maintained on the site for sale at any one time. 2. Not more than 14 customer vehicles can be parked on the site at any one time. 3. Not more than 7 employee vehicles can be parked on the site at any one time. 4. Not more than 42 vehicles can be parked within the fenced area at any one time. 5. Not more than 18 loaner vehicles across the street on the north side of Muskego Dam Drive. 6. No vehicles can be used as signage. 7. The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage of the rental vehicles only. 8. 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. STAFF DISCUSSION PC 022-2011 A Planning Department site inspection on February 23, 2011 was conducted for site compliance relating to the annual review. The site inspection revealed that there were some items that were not in compliance with the past approvals. Staff talked with the owner when on site and explained the items of concern. Planning staff is going to complete a follow-up inspection on Monday February 28, 2011 to re -check for compliance. The results of this inspection will be discussed at the Plan Commission meeting. STAFF RECOMMENDATION PC 022-2011 Approval of Resolution # PC 022-2011, if all of the violation items have been corrected. Resolution #PC 022-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego ,rfitS �.�^ Planning Department l L 0- 2/24/2011 Supplemental Map Property Owner: Frey Auto S107 W16311 Loomis Road RESOLUTION #P.C. 022-2011 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES AT THE PROPERTY LOCATED IN THE NE'/4 & SE'/4 OF SECTION 34 (TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W16311 LOOMIS ROAD) WHEREAS, The Plan Commission approved a Conditional Use Grant amendment for sale of automobiles at the property located at S107 W16311 Loomis Road (Tax Key Nos. 2296.996 & 2293.996.002) on November 1, 2005 by Resolution #PC 082-2005, and WHEREAS, There was an additional BSO Amendment approved under Resolution P.C. 068-2007, 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: • A maximum of forty-four (44) vehicles for sale to be displayed in the specified sales areas, • A maximum of fourteen (14) customer vehicles awaiting repairs, • A maximum of seven (7) employee vehicles parked on site, • A maximum of forty-two (42) vehicles parked within the fenced in area, • A maximum of eighteen (18) loaner vehicles parked across the street on the gravel lot, • No vehicles can be used as signage, • The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage of the rental vehicles only, • 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, A site inspection was completed on February 23, 2011 and there were some items that were not in compliance with the site approvals. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto, subject to compliance with all Conditional Use Grant conditions of approval and those found below. BE IT FURTHER RESOLVED, That all item violations must be brought into compliance 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: Introduced: March 1, 2011 ATTEST: Kellie McMullen, Recording Secretary