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Plan Commission Minutes PC-07-07 CITY OF MUSKEGO PLAN COMMISSION MINUTES JULY 07, 1998 Minutes of the Plan Commission held on July 7, 1998, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:02 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Schaumberg, Smith, Gummer and Director Sadowski. ABSENT: Commissioner Hulbert Secretary reported that the meeting was properly noticed in accordance with the Open Meetings Law. MINUTES: Alderman Salentine made a motion to approve the corrected minutes of the June 16, 1998, meeting handed out prior to tonight’s meeting with corrections made to Resolution #P.C. 21- 98. Commissioner Gummer seconded. Upon a voice vote, motion to approve the corrected minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 21-98 -- Approval of a sketch Preliminary Plat for a subdivision by Carity Land Corporation, located in the SE ¼ of Section 3 and the NE ¼ of Section 10. This resolution was brought back to the floor. Staff reported no new submittals. Mr. Bill Carity gave a brief description of the previous concepts handed out at the June 16 Plan Commission meeting. Mr. Carity proposed another concept of development asking for direction from the Commission. The new proposal exhibits additional single family residents replacing some of duplex units. Moving duplex units to the north adjacent to the multi-family units. Mr. Carity also proposed multi-family on Janesville Road reducing the amount of business. Mr. Carity looked for general agreement in proposing possible four and/or eight family units. Majority of Commission felt some level of business activity should be on Janesville Road with multi-family and duplex units to the north of the single family development. Some multi-family or duplex development along Janesville Road may also be acceptable. Including four families directly south of the commercial area may also be acceptable. Commission would need to see architectural design of multi-family units. Discussion ensued wherein the Comprehensive Plan does not support the proposed land use plan. Commissioner Gummer made a motion to defer. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 21-98 was Deferred unanimously. 07-07-98 PC Minutes Page 2 RESOLUTION #P.C. 53-98 -- Approval by the Plan Commission to Amend the 2005 Comprehensive Landuse Plan for the City of Muskego for an expansion of a commercial district, and the increase in residential density of lands found in the SW ¼ of Section 2 and the SE ¼ of Section 3, or as more generally described as lands at the northeast corner of Janesville Road (CTH “L”) and Moorland Road (CTH “O”). This resolution was brought back to the floor. Discussion followed whether the land use proposal or change in land use plan would make sense for this area. Commissioner Gummer made a motion to amend resolution to read in the last paragraph, BE IT FURTHER RESOLVED, That if development of these lands by Dreamland Investors does not substantially proceed within 12 months of the date of this amendment, the 2005 Comprehensive Land Use Plan shall revert back to the planned land uses for the subject lands as indicated prior to this amendment. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 53-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 53-98 was Adopted unanimously. RESOULTION #P.C. 54-98 -- Recommendation of Approval to rezone 45.8 acres on the northeast corner of Janesville Road (CTH “L”) and Moorland Road (CTH “O”) from RS-1, RSE and B-3 to B-3/RSM/OPD (Balistreri). This resolution was brought back to the floor. Discussion ensued wherein the proposal to rezone includes 5.7 acres (Basse) to be rezoned B-3; 19.8 acres (Diekfuss) to be rezoned RSM; 16.9 acres (Diekfuss) to be rezoned B-3. Mr. Stuart Wangard, petitioner’s representative, stated that the woods to the north and all natural features would be preserved. Alderman Salentine made a motion to amend resolution in the third WHEREAS, A conceptual land use development plan has been brought forward to the Plan Commission under Resolution #P.C. 124-98 and this rezoning may proceed upon passage of said resolution. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 54-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 54-98 was Adopted unanimously. RESOLUTION #P.C. 98-98 – Directive from the Plan Commission to City Staff to enforce, as written, Chapter 17:2.02 (8) Building, Height of – RECONSIDERATION. Commissioner Gummer made a motion to bring this resolution to the floor for reconsideration. Commissioner Smith seconded. This resolution was not amended appropriately at previous Plan Commission meeting. Discussion ensued wherein approved amended Resolution #P.C. 98-98A contains language staff believes Commission intended to adopt. Alderman Salentine made a motion to amend language in this last paragraph of the resolution to read, BE IT FURTHER RESOLVED, That the Plan Commission directs the ……..staff measure from the front grade to highest point with multiple peaks unless appropriate fire access for fire vehicles is provided than use the average height (as measured between the eave and peak) of the highest peak; always use ……Commissioner Gummer seconded. Upon a voice vote Resolution #P.C. 98-98A was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 98-98A was Adopted unanimously. RESOLUTION #P.C. 106-98 -- Approval of amendment to a Building, Site and Operation Plan for the Larry Babich/Babich Trust property located at S82 W18848 Gemini Drive. (Muskego Warehouse Services). This resolution was brought back to the floor. This resolution was deferred to allow petitioner to submit a more definitive plan showing exactly what is being proposed. A landscape plan must be submitted and reviewed by the Plan Department staff. Petitioner is requesting relief from asphalting all of the proposed areas. Commissioner Smith made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That the eastern most and central “proposed asphalt pavement” areas 07-07-98 PC Minutes Page 3 along Gemini Drive be paved immediately. The western “proposed asphalt pavement” area in front of the office area is to remain with no asphalt. The “proposed asphalt pavement” area along the north property line on Mercury Drive is to be asphalted within one (1) year. Increase the proposed landscape area in the front of the building to fifteen (15) feet of landscaping. Above items will require Staff approval. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 106-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 106-98 was Adopted unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 112-98 – Approval of a 12’ x 16’ accessory structure for the Sellhausen property located at W171 S8144 Lannon Drive. This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Alderman Salentine questioned who was applying for the permit – property owner or renter. Mr. Gene Sellhausen, property owner, informed Commission that he was requesting the permit. Upon a roll call vote, Resolution #P.C. 112-98 was Adopted unanimously. RESOLUTION #P.C. 113-98 – Approval to maintain a 30’ x 45’ accessory structure for the Wauer property located at W179 S8204 Riese Drive. This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Upon a roll call vote, Resolution #P.C. 113-98 was Adopted unanimously. RESOLUTION #P.C. 114-98 – Recommendation of approval of an Extraterritorial Certified Survey Map for the Erwin Trust property located in the NW ¼ of Section 3, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 114- 98 was Adopted unanimously. RESOLUTION #P.C. 115-98 – Recommendation of approval by the Plan Commission of an Extraterritorial Certified Survey Map creating a two (2) lot land division for the Norway Business Park, LLC., property located in the SE ¼ Section 12, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 115-98 was Adopted unanimously. RESOLUTION #P.C. 116-98 – Recommendation of approval of an Extraterritorial Certified Survey Map for the DeBack property located in the NE ¼ of Section 12, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 116- 98 was Adopted unanimously. 07-07-98 PC Minutes Page 4 NEW BUSINESS: RESOLUTION #P.C. 117-98 – Approval of a two (2) lot sketch land division for the Spitzner property located in the SW ¼ of Section 17. (Tax Key No. 2227.988.013). Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Director Sadowski informed Commission that this proposal creates an irregular lot configuration (flag lot) and should not be allowed. Petitioner had been denied by Plan Commission in 1995 for similar request. Ms. Judy Radish, petitioner’s niece and representative, addressed the Commission and reviewed her lengthy June 4, 1998 letter submitted to Planning Department with the entire history of this property . Discussion ensued wherein there have been mitigating circumstances (length of time and health concerns of petitioner to get action taken on this proposal; petitioner should be allowed to use five of the six laterals that have been approved) to this proposal. Petitioner will need to get wetland crossing. Upon a roll call vote, Resolution #P.C. 117-98 was Adopted unanimously. RESOLUTION #P.C. 118-98 -- Recommendation of approval of a Certified Survey Map for a two (2) lot land division for the Hoeft property located in the NW 1/4 of Section 13. (Tax Key No. 2209.935). Commissioner Gummer made a motion to approve. Commissioner Smith seconded. This area has just been rezoned to reflect sewered service. A temporary drive has been approved by the Plan Commission to be constructed in the public right-of-way of Northview Drive. Owner of parcel 1 will be responsible for all maintenance of drive. Grading and drainage plans need to be submitted. Alderman Salentine made a motion to amend resolution to read THEREFORE BE IT RESOLVED, That temporary cul-de-sac be shown on Certified Survey Map. Driveway to Parcel 1, if known, to be placed on Certified Survey Map. Note be placed on the Certified Survey Map that maintenance of the private drive in the public right-of-way will be the responsibility of owner. Grading and drainage plans to be submitted prior to issuance of building permits. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 118-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 118-98 was Adopted unanimously. RESOLUTION #P.C.119-98 -- Approval of a two (2) lot sketch land division for the Schaumberg property located in the NE and SW ¼’s of Section 21. (Tax Key No. 2241.997). Commissioner Schaumberg removed herself from this resolution as she is the petitioner. Commissioner Gummer made a motion to approve. Commissioner Smith seconded. Director Sadowski explained that Parcel A does not seem to be an issue. However, Parcel B is irregular with no street access or frontage provided. Some type of easement needs to be shown. The only access to Parcel B would encroach on the adjacent parcel. Alderman Salentine made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That approval is contingent upon petitioner swapping property to the south with neighbor or obtaining a 99 year easement from neighbor. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 119-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 119-98 was Adopted unanimously. RESOLUTION #P.C. 120-98 – Approval of a two (2) lot sketch land division for the Lowe property located in the NE ¼ of Section 18. (Tax Key No. 2229.992.006). Mr. Bucky Lowe, petitioner, addressed Commission requesting this item to be withdrawn. Mayor De Angelis announced that Resolution #P.C. 120-98 was Removed. 07-07-98 PC Minutes Page 5 RESOLUTION #P.C. 121-98 -- Approval of amendment to a Building, Site and Operation Plan for M. W. Marine, Inc. at the property located at S63 W13951 West College Avenue. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposes to expand the fence enclosed storage area to the south and to gravel the street access areas and hard surface the perimeter of the storage buildings. Commissioner Gummer made a motion to amend the resolution to read, BE IT FURTHER RESOLVED, That asphalt driveway be installed to the two new buildings. Extension of fence to match existing as well as landscaping. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 121-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 121-98 was Adopted unanimously. RESOLUTION #P.C. 122-98 – Approval of a conceptual Building, Site and Operation Plan for Burke Properties at the property located in the NE ¼ of Section 25 (Southeast corner of new Highway 36 and North Cape Road). This resolution was read by title only. Petitioner has requested to be deferred. Alderman Salentine made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 122-98 was Deferred unanimously. RESOLUTION #P.C. 123-98 – Recommendation of approval to release parcel 3 of Certified Survey Map 6072 from the amendment of the 100 year floodplain floodway on the Muskego Canal. Mayor suggested that this resolution not be brought to the floor. The City of Muskego passed amendment to the floodplain and awaiting the review by the DNR. Commission members concurred. Mayor De Angelis announced that Resolution #P.C. 123-98 was Removed. At 9:05 P.M. Mayor De Angelis called for a recess. The meeting reconvened at 9:30 P.M. RESOLUTION #P.C. 124-98 -- Approval of a Conceptual Building, Site and Operation Plan for Planned Unit Development at the property located in the SW ¼ of Section 2 in the SE ¼ of Section 3 (near the NE corner of Moorland Road and Janesville Road). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. The Public Hearing for this proposal will be July 14, 1998. Petitioner has submitted revised plans. The unit counts are the same for the multi-family (150 units) however the layout of the buildings has been changed. The two large buildings have been replaced with five smaller buildings. The commercial project has been decreased to 95,000 square feet. The eastern buffer strip has been increased from 101 feet to 125 feet in width. Parking in the commercial area has increased from 633 stalls to 725 stalls. Discussion ensued wherein detailed landscaping, building design, signage all need to be addressed if this proposal progresses beyond the conceptual phase. As this site will be setting a precedent for the City, high design and landscaping expectation are prevalent with Commission members. Petitioner needs to clarify that the 27 units will be for senior housing and not multi-family. Screening needs to be looked at between the two single family homes in the southwest corner of the site plan. Commissioner Smith made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That labeling for 27 unit buildings are addressed for senior housing only. The southwest corner configuration of entry way needs to be screened. This approval is contingent upon all supplement comments being met; without interconnection streets. Pedestrian walkway between senior housing. Locating drive-thru on sides or rears of buildings not facing Janesville Road or Moorland Road. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 124-98 was Amended. Upon a roll call vote, Amended Resolution #P.C. 124-98 was Adopted unanimously. 07-07-98 PC Minutes Page 6 MISCELLANEOUS BUSINESS: Height ordinance discussion – This issue will be on the Plan Commission agenda for July 21, 1998 and scheduled for a public hearing on Tuesday, July 28, 1998. Director Sadowski read the proposed language. Consensus from the Commission was favorable to language being proposed. Director Sadowski stated that areas of concern for fire code will be addressed by the Fire Department. These standards should be placed in the fire code as the Fire Department would be the experts in their interpretation. Illustrations will be provided as a supplement to citizens but will not be included in the zoning ordinance. The Commission concurred with these points. Classification of Pet Grooming Services –Staff looking for clarification on how to classify this use. Kennels and veterinary clinics require Conditional Use if located in Business District. Question is, does pet grooming fall into this category? Petitioner advised Commission that they will not be boarding dogs or giving medical treatment. Consensus of the Commission is that this fits into B-2 District as a permitted use by right and is defined as a Community and Customer Service establishment. ADJOURNMENT: Commissioner Smith made a motion to adjourn at 10:15 P.M. Commissioner Gummer seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, Sandra S. Asti Recording Secretary