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PCA20120605 (2)CITY OF MUSKEGO PLAN COMMISSION AGENDA 6:00 PM Tuesday June 5, 2012 Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE MAY 1, 2012 MEETING 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. None. OLD BUSINESS SCHEDULED FOR DEFERRAL The following agenda items have been deferred by the Plan Commission. Planning Department staff have reviewed each case and determined that they have not met one or more specific criteria for approval and are recommended for deferral en gross. However, the Plan Commission may take action on any item herein. None. CONSENT BUSINESS The following agenda items have been received by the Community Development Department and are recommended for approval en gross. None. 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. 032-2012 — Recommendation to Common Council to rezone a property from A-1 — Agricultural District to RS-2 — Suburban Resident District for the DeBack property located in the SE'/4 of Section 32 (Tax Key 2288.996.003 / Crystal Cove Subdivision). #P.C. 033-2012 — Discussion of a Conceptual Rezoning and Proposal for Parkside Memorial Cemetery located in the SE '/4 of Section 2 (Tax Key 2168.962 / S69 W14105 Tess Corners Drive). 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. None. Plan Commission Agenda, continued June 5, 2012 MISCELLANEOUS BUSINESS Determine July Meeting Date — Monday July 9, 2012 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. PAGE 2 CITY OF MUSKEGO PLAN COMMISSION MINUTES UNAPPROVED 6:00 PM Tuesday May 1, 2012 Muskego City Hall, W182 S8200 Racine Avenue Mayor Chiaverotti called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Kathy Chiaverotti, Ald. Soltysiak Commissioners Hulbert, Noah, Buckmaster, and Jacques and Planner Trzebiatowski and Recording Secretary McMullen. EXCUSED Commissioner Stinebaugh Recording Secretary McMullen noted that the meeting was properly noticed on April 27, 2012 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE APRIL 3, 2012 MEETING Commissioner Jacques made a motion to approve the minutes of the April 3, 2012 meeting. Commissioner Noah seconded. Upon a roll call vote, motion to approve the minutes was ADOPTED unanimously PUBLIC HEARING for a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for Steven R. Meyer (RD Meyer & Associates, Inc.) for the purpose of additional mini -storage located at W145 S6550 Tess Corners Drive, in the NE '/4 of Section 2. Planner Trzebiatowski explained the petitioner is requesting to convert the existing 80' x 168' warehouse structure into more indoor/outdoor storage units. The property had previous approvals for outdoor storage in the rear of the property and that has been fully built out. A conditional use grant amendment is required to allow more storage units on the property. Changes to the south facade include: new gutters and downspouts, new metal siding to match the existing newer storage building, new vinyl brick to match front office facades, new overhead doors, and a new access door that will lead to new indoor storage units. The updates will enhance the look of the building from Tess Corners. Staff recommends approval. Mayor Chiaverotti opened the public hearing for comments from the audience. With no comments or questions, Mayor Chiaverotti closed the public hearing at 6:02 PM. OLD BUSINESS FOR CONSIDERATION None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Commissioner Jacques made a motion to approve Resolutions #P.C. 026, 029, and 030-2012 engross. Ald. Soltysiak seconded. Upon a voice vote, the motion passed unanimously. RESOLUTION #P.C. 028-2012 — Approval of a One Lot Certified Survey Map for the 13960 Boxhorn Drive LLC property located in the NW 1/4 of Section 24 (Tax Key 2254.998.004 / Boxhorn Drive). Resolution #P.C. 028-2012 was ADOPTED unanimously. Plan Commission Minutes, continued May 1, 2012 RESOLUTION #P.C. 029-2012 — Approval for the sale of flowers for A.W. Greenhouses at the EJ Salentine property located in the SW '/4 of Section 2 (Tax Key No. 2165.973 / S66 W14444 Janesville Road). Resolution #P.C. 029-2012 was ADOPTED unanimously. RESOLUTION #P.C. 030-2012 — Approval for the sale of fireworks for Ben Karsky at the Wal- Mart property located in the NE '/4 of Section 3 (Tax Key No. 2169.999.003 / W159 S6530 Moorland Road). Resolution #P.C. 030-2012 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 027-2012 — Approval of a Business Site and Operation Plan Amendment and Conditional Use Grant Amendment for Steven R. Meyer (RD Meyer & Associates, Inc.) located in the NE '/4 of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive). Commissioner Jacques moved to ADOPT Resolution #P.C. 027-2012. Ald. Soltysiak seconded. Upon a roll call vote, Resolution #P.C. 027-2012 was ADOPTED unanimously. RESOLUTION #P.C. 031-2012 — Approval of a Metal Accessory Structure for the Jeffrey Sinner property located in the SE '/4 of Section 5 (Tax Key No. 2180.986 / W194 S6961 Hillendale Drive). Commissioner Jacques moved to ADOPT Resolution #P.C. 031-2012. Ald. Soltysiak seconded. Planner Trzebiatowski explained the petitioner is proposing to construct a 720 sq ft metal accessory structure on the property. This building will be taking the place of several existing accessory buildings. The building will be steel -sided, steel -roofed, with 3-foot overhangs. On two sides there will be windows and decorative elements to match the house. The garage and pedestrian doors will match the house also. There are tree lines present on the property to shield the view from the neighbors, and the building will be set back about 350' from the nearest street. Staff is recommending approval. Commissioner Noah questioned what buildings will be removed. Mr. Sinner was present and stated the 5x6 shed, 5x8 shed, 8x25 chicken coop, and 12x16 accessory building will be removed. Commissioner Hulbert questioned how large the property is. Mr. Sinner stated the property is 3 acres ( 200' x 600'). Upon a roll call vote, Resolution #P.C. 031-2012 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 032-2012 — Recommendation to Common Council to rezone a property from A-1 — Agricultural District to RS-2 — Suburban Resident District for the DeBack property located in the SE'/4 of Section 32 (Tax Key 2288.996.003 / Crystal Cove Subdivision). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Jacques made a motion to adjourn at 6:15 PM. Commissioner Noah seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, Kellie McMullen, Recording Secretary PAGE 2 City of Muskego Plan Commission Supplement PC 032-2012 For the meeting of. June 5, 2012 REQUEST: Rezoning from A-1 Agricultural District to RS-2 Suburban Residence District Racine Avenue / Tax Key No. 2287.999.004 SE '/4 of Section 32 PETITIONER: Bill Carity & Harold DeBack INTRODUCED: June 5, 2012 LAST AGENDA: NA PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 032-2012 Carity Land Corporation (on behalf of Harold DeBack) is requesting a rezoning for Tax Key No. 2288.996.003, which is located at the end of Crystal Drive. The rezoning would be from A-1 — Agricultural District to RS-2 — Suburban Residence District. The current 2020 Comprehensive Plan identifies this area as Rural Density Residential. No 2020 Comprehensive Plan changes are needed as part of this request. See the side -by -side zoning map attached for details. The petitioner is requesting this rezoning in order to facilitate the development of a future subdivision. The rezoning of this property was a condition of Preliminary Plat approval for Crystal Cove Subdivision. The Plan Commission approved preliminary plat is attached for your reference as well (Approved on 3/6/12 per PC Resolution #051-2011). The bulk of this subdivision area is already zoned RS-2 and this remaining three acres is being rezoned the same for consistency with the rest of this development. All lots within this subdivision are proposed to be at least 88,898 square feet in size or greater in order to meet the < 0.49 units per acre density requirement per the 2020 Comprehensive Plan. Any formal development of this subdivision is subject to approval of construction plans, subdivider's agreement, letter of credit, and Final Plat. The public hearing took place on Tuesday May 22, 2012 in which only the developer spoke in favor of the rezoning. The Community Development Department office has no people speaking for or against the petition since it has been posted. STAFF RECOMMENDATION PC 032-2012 Approval of Resolution PC 032-2012 Carity/DeBack Rezoning Current Zoning Proposed Zoning R5-2 Crysta/ Lake '► 4 jr G 1 #t!t RS-2 �? . U IPA Muskego Dam Dr. A-1 CITY OF MUMU5xtGV TOWN OF NORWAY Lenend Water Body ® Affected Area 2020Land Uses Tax Key Number: MSKC 2288.996.003 Zoning Rural Density RfSIdential !c .4s uniwacrei Created By: I I City of Muskego ��rrz,rr r� Right -al -Way Medium Density Residential 11 . 2,89 units7ac rej Petitioner: Carity Land Corp./Harold DeBaGk � May Ifi, 2Q12 � r,I T[J - Structures Conservation RESOLUTION #P.C. 032-2012 RECOMMENDATION TO COUNCIL TO REZONE THE DEBACK PROPERTY FROM THE A-1 AGRICULTURAL DISTRICT TO RS-2 SUBURBAN RESIDENCE DISTRICT LOCATED IN THE SE'/4 OF SECTION 32 (TAX KEY NO. 2288.996.003 / CRYSTAL COVE SUBDIVISION) WHEREAS, On April 12, 2012 a petition for a rezoning was submitted by Carity Land Corp. to rezone a property from the A-1 Agricultural District to RS-2 Suburban Resident District, and WHEREAS, The petitioner is requesting this rezoning in order facilitate the development of a future subdivision and the rezoning of this property was a condition of Preliminary Plat approval for Crystal Cove Subdivision, and WHEREAS, The current 2020 Comprehensive Plan identifies this area as Rural Density Residential and no 2020 Comprehensive Plan changes are needed as part of this request, and WHEREAS, The proposed zoning district is already found on some adjacent properties in this area, and WHEREAS, A Public Hearing for the rezoning was before the Common Council on May 22, 2012. 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 RS-2 Suburban Residence District for property located in the SE'/4 of Section 32 (Tax Key No. 2288.996.003 / Crystal Cove Subdivision). BE IT FURTHER RESOLVED, Any future development of this subdivision is subject to approval of construction plans, subdivider's agreement, letter of credit, and Final Plat. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 5, 2012 ATTEST: Kellie McMullen, Recording Secretary 101- ------ 41- U lqpl A. T7 4p MID 194 n L I CRYSTAL LAKE City of Muskego Plan Commission Discussion PC 033-2012 For the meeting of. June 5, 2012 REQUEST: Conceptual Rezoning Review from RS-2 Suburban Residence to 1-1 Government Institutional S69 W 14105 Tess Corners Drive / Tax Key No. 2168.962 SE'/z of Section 2 PETITIONER: Mark Kosobucki INTRODUCED: June 5, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 033-2012 Petitioner is proposing a Conceptual Rezoning from RS-2 Suburban Residence District to 1-1 Government, Institutional, and Public Service District. This rezoning would allow the placement/construction of a cemetery, with associated structures/uses. The overall concept plan includes two properties. Parcel 1 would contain a receptionist area, offices, bathrooms, community room, 2 chapels, and a crematorium. Parcel 2 would contain 16 sections of burial area (each containing approximately 200 actual burial sites), 7 outdoor and 1 indoor mausoleums with niches & crypts, veterans section, paved central road, crushed stone walking trails, natural pond with sitting park, and a pet burial section. NOTE: As with all conceptual discussions, no Resolution exists. This discussion is to get comments from the Planning Commission regarding the proposal. PLAN CONSISTENCY PC 033-2012 Comprehensive Plan: The 2020 Plan depicts the area for Medium Density Residential. The proposal would require a change to Government, Institutional, Transportation, and Utilities. This would be requested at the same time as the formal rezoning request. Zoning: The area is currently zoned RS-2 Suburban Residence District. If the concept moves forward, a rezoning to 1-1 Government, Institutional, and Public Service District would be needed. The zoning is discussed further below. Park and Conservation Plan: The 2012-2016 Plan does not depict any conservation priorities or park recommendations on this lot. Adopted 208 Sanitary Sewer This property is already serviced by City sewer. Service Area: Water Capacity Assessment FThe properties in this area are serviced by private water wells. Any District: water extensions or improvements required as part of this development would be the responsibility of the developer. Stormwater Management Any new development over a '/2 acre in added impervious surfaces in ,Plan: this area would require stormwater management. The concept sketch shows a natural pond, but depending on the overall final design, a separate stormwater management pond could be required. DISCUSSION PC 033-2012 Conceptual Zoning/Land Use The area is currently zoned RS-2 Suburban Residence District. If the concept moves forward, it appears that a rezoning to 1-1 Government, Institutional, and Public Service District would be needed. Cemeteries are an allowed use by right with Plan Commission approval of a BSO. The code does not go into further details relating to what constitutes a cemetery. With the presented concept, staff feels that the uses on Parcel 1 (chapels, crematorium, etc.) are accessory to the cemetery use, and as such should be allowed under the 1-1 zoning. There could be the possible concern of these specific uses being more of a business use, which then could require a formal business zoning. It may make a difference if there are two separate properties or not. If everything is on one property, then it is easier to see how the chapels, crematorium, etc. are accessory to the cemetery use. The 2020 Comprehensive Plan currently lists this property as medium density residential. The proposed cemetery use would require a change to Government, Institutional, Transportation, and Utilities. This would be requested at the same time as the formal rezoning request. Here are some possible questions relating to the conceptual zoning/land use: • Is the chapel, crematorium, community room etc. building allowed as part of the 1-1 zoning district or is a business district required? Does it make a difference if this is split off onto its own property? • How will the neighbors receive this idea? What type of concerns could they have? Conceptual Site Plan As was noted above, the overall concept plan includes two properties. Parcel 1 would contain a receptionist area, offices, bathrooms, community room, 2 chapels, and a crematorium. Parcel 2 would contain 16 sections of burial area (each containing approximately 200 actual burial sites), 7 outdoor and 1 indoor mausoleums with niches & crypts, veterans section, paved central road, crushed stone walking trails, natural pond with sitting park, and a pet burial section. Here are some possible questions relating to the conceptual site plan: • How would the phasing be handled? What timeframes would be expected? What would be done as part of the initial setup of the overall entire site? • Would fencing be proposed or required around the property? What type/style of fencing would be proposed? • How/where would parking for the actual cemetery be established (near the grave sites)? How wide would in interior road be? • Per the FEMA floodplain maps, about 20% of this lot is shown to be located within the floodfringe area of the 100 year floodplain. A call was made to the DNR to see what this means for this proposed development. The DNR has stated that cemeteries can be developed within floodfringe areas, as long as certain guidelines are followed. The DNR strongly discourages any filling or construction of structures within the floodplain. The in - ground grave sites are not as much of a concern as the above ground mausoleums could be. Since these are structures there may need to be some engineering looked at to see the possible impact on the floodplain. Parts of the site plan may need to be modified depending on what the DNR says. • There appears to be some wetlands on this site per the DNR wetland mapping layer. With this being the case the exact wetland area would need to be delineated. Changes to the overall layout may need to be made depending on the exact wetland areas. Typically, wetlands cannot be disturbed. Plus, the City has a 15 foot wetland protection offset from any wetland area. What would the buildings and mausoleums look like? All building elevations/designs would be subject the review by the Plan Commission. State Regulations There are many state regulations relating to cemetery uses. Some of these regulations are not related to the City's concerns, but some of the regulations relate to the location of the facility based on its size and proximity to residential structure. The owner would be responsible for showing the City that all state requirements are being met. Here are some possible questions relating to the state regulations: • Is the property large enough to facilitate a cemetery per state rules? It appears that at least 20 acres of land is required for a cemetery, unless the City has a specific lower acreage requirement in its codes. At this time the City does not have any separate cemetery size requirements. As such, if they would like to proceed, they would also need to propose an ordinance change to allow smaller sized cemeteries since the proposed property is only 16- 17 acres. • A cemetery is not allowed within 3,300 feet of a habited dwelling located within a recorded plat, unless the City consents. • There are state required distances from residential structures. It appears that the requirement is that a cemetery cannot be located within 250 feet of a habitable dwelling. This brings up the question of how a cemetery is defined for this purpose. Is it the actual burial sites/mausoleums or the cemetery property? • They may be a requirement to establish a maintenance fund to ensure the continued care of the cemetery property. • A Cemetery Plat needs to be completed for the cemetery if the project would proceed, per requirements of State Statutes. • State Statues do not allow a funeral establishment to have any connection to a cemetery. This even goes as far as stating there can be no ownership or financial interest between the two facilities. This brings up the question of would the Parcel 1 building be allowed then? Other Details The petitioner believes that there is a need for a cemetery in Muskego since there are limited, to no, opportunities to be laid to rest within the City. It's stated that this cemetery would be non- denominational (open to all faiths). The proposal states that this would be a memorial cemetery that would not contain above ground markers. It will be landscaped with trees, shrubs, and perennials. Staff's research found out that in the 1992 Comprehensive Plan it was identified that a cemetery was a use/feature that was noted as being needed within the City. Also, as part of the adoption of the 2020 Comprehensive Plan it was identified as part of the plan's survey that some residents thought a new cemetery may be needed within the City. STAFF COMMENT PC 033-2012 The concept provided offers a unique opportunity within the City. There seems to be no question that this is a resource that the City does not currently have available to the general public. There are people that have been born, grow up in, and passed away in this community that would like to continue to call it home when they are laid to rest. As is noted above, there are numerous items that needed to be looked into further by the petitioner if they are going to proceed with this project. If the petitioner wishes to proceed forward with their proposal, it is suggested that the State be contacted first relating to the statute questions at hand. These items could be a make or break for this project. Once all of the state concerns are addressed, or its known how they need to be addressed, then the formal rezoning/2020 Plan amendment request could be made and the necessary Public Hearing and meetings would need to occur to proceed through the rezoning process. As part of the rezoning process, the full site and building development details would also need to be included for review and approval as part of the required Building, Site, and Operation (BSO) Plan approval. Resolution #PC 033-2012 LEGEND Agenda Item(s) Property � I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 W C'4 r1 Prepared by City of Muskego MUSKEGO Planning Department �r� �f 5/25/2012 Supplemental Map Petitioner: Mark Kosobucki S69 W14105 Tess Corners Dr Area of Inter( 1 00 Developing Experience cJa Kosobucki Bros. LLC c-�a Golden Country Estates, Muskego c-�a Foxboro, Muskego c-�a Foxboro North, Muskego c�R Golden Bay, Tichigan, WI c�R Golden Meadows, Tichigan, WI Quality, Completed Projects Re -Zoning Current Zoning — RS-2 cua Residential Area Proposed Zoning —1-1 c�a Government Institutional Parkside Memorial Why Create A Memorial Park? c�a Currently, there is no place for Muskego residents to be laid to rest. ca Bring jobs and commerce into the city. �? Addressing a need without burdening our schools. Low environmental impact. What's Involved? Memorial Park means a clean park setting. c�a No above ground markers. ca Natural landscape with trees, scrubs & perennials ca Non -Denominational, open to all faiths The Proposal Parcel 1 — Family Visitation Center Parcel 2 - Cemetery Receptionist Area oR 16 Burial Sites Sections ca 7 Outdoor, 1 Indoor Offices & Bathrooms Mausoleums w/ Niches & Crypts Community Room cq Veterans Section 2 Chapels " Paved Asphalt Central Road Crematorium (--q Crushed Stone Walking Trials c-a Natural Wildlife Pond w/ Sitting Park Pets Section GO 40, 0 Ah m 4. 14 :1 A AuPAVitiy1 f:u1011i49a21 Ee Crematorium Computer controlled cremator Runs on Natural Gas & propane Operates at 870-980°C (1,600-1,80001F) c�R Eco-Friendly Memorial Section h h49 y O,A , •c Z191116 dWAd a b fit Q'dfQlt►Z=911M I ;? 11' � �� pl, j .UoHM � I. 'R i.y ]. �.. i t Parkside Memoral 2 Chapels, Reception Area, Banquette Rmms, Wices, Bathrooms, Crematorium Mausoleums, Niches, Crypts, Front Mauscletim Heated Indoor, I Others Outdoors MWGrk Shad with Hathroorps �6112arl S02ce, FlOwem and Plantings 'I EM-Roads. WaWng paths 1<080BUCKI SCALE I INCH = 100 FER"ID'O"