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Plan Commission Minutes PC-05-19 CITY OF MUSKEGO PLAN COMMISSION MINUTES MAY 19, 1998 Minutes of the Plan Commission held on May 19, 1998, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:53 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Gummer, Smith, Schaumberg, Hulbert and Director Sadowski. Secretary reported that the meeting was properly noticed in accordance with the Open Meetings Law. MINUTES: Alderman Salentine made a motion to approve the minutes of May 5, 1998, meeting. Commissioner Gummer seconded. Upon a voice vote, motion to approve the minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 218-97 –Approval to amend a Building, Site and Operation Plan for the Le Sage Property located at S66 W14501 Janesville Road. (Open Pantry). This resolution was brought back to the floor. Director Sadowski explained that petitioner proposing to install new underground tanks; gasoline pump isles and larger canopy. The proposed lighting on canopy does not conform to City standards. Light lenses should be flush with fixture. Mr. Dennis Tetzlaff, President of Northern Petro, expressed that lighting plan along with specification sheets were submitted to have Commissioners consider this new state of the art fixture. Mr. Tetzlaff would like to use this type of fixture due to the energy efficiency and ease of maintenance. Discussion ensued regarding removing the 3 x 3 Citgo sign and extending the non-illuminated tri band. Alderman Salentine made a motion to amend resolution to change wording in the third WHEREAS, The only changes on site……of a canopy covering a single corridor of two pumping stations with a T-shaped canopy covering three fueling stations… In the fourth WHEREAS, The existing canopy……will be the same, but the end of the canopy will be eight (8) feet closer to the road…..In the THEREFORE BE IT RESOLVED, That the Plan Commission approves the amendment to the Building, Site and Operation Plan and will not consider this as a substantial change to the existing conditional use and will not require a public hearing ………Add to the resolution, THEREFORE BE IT RESOLVED, That petitioner will install new 250 watt fixture with shield, with the understanding that if fixture is not effective, lights will be changed to standard “flush lens” fixtures. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 218-97 was Amended with a 5-1 vote. Commissioner Gummer voting No. Commissioner Smith made a motion to twice amend resolution to change wording in the first WHEREAS, Plans were resubmitted on May 5, 1998, to replace a gas…. Commissioner Schaumberg seconded. Upon a voice vote, Amended Resolution #P.C. 218-97 was Twice Amended with a 5-1 vote. Commissioner Gummer voting No. Upon a roll call vote, Twice Amended Resolution #P.C. 218-97 was Adopted with a 5-1 vote. Commissioner Gummer voting No. 05-19-98 PC Minutes Page 2 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. Petitioner has submitted nothing new for this meeting. Alderman Salentine made a motion to defer this item until such time as petitioner submits new materials. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 21-98 was Deferred unanimously. RESOLTUION #P.C. 68-98 – Approval of a conditional use for a 150 car, used car dealership at the Raboine property located in the NE ¼ of Section 5. (Located north of Muskego Storage on Racine Avenue). This resolution was brought back to the floor. A public hearing was held prior to this Plan Commission Meeting. Director Sadowski gave a description of the original plans and the revised plans submitted on May 19, 1998. Overall design plan is appropriate. Grading and drainage plans will be discussed at Public Works. Issues of concern are: outdoor advertising; lighting, landscaping, and type of operational characteristics. Mr. Anton expressed that he is willing to work with the City to accommodate all concerns including restricting signage and design the proposed dealership to be an appealing business. Commissioner Schaumberg made a motion to amend Resolution #P.C. 68-98, to change the date in the THEREFORE BE IT RESOLVED, That …..operation plan submitted (received May 19, 1998) by Robert Anton…. Add THEREFORE BE IT RESOLVED, That Conditional Use will be brought back to Plan Commission for review one year after occupancy. No salvage, repair or painting of vehicles on property beyond normal dealer preparation. No display of outdoor streamers and banners. Additional (nine) evergreens will be placed on the east lot line. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 68-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 68-98 was Adopted unanimously. RESOLUTION #P.C. 74-98 – Recommendation of approval of a Preliminary Plat for the Woodgate Estates Subdivision by Glen Miller, located in the NE and NW ¼’s of Section 11. (Tax Key No. 2202-994). This resolution was brought back to the floor. Discussion ensued wherein comments have been received from the County, Engineer and State. A meeting with petitioner’s representative was held to discuss all comments. Item that needs to be resolved prior to final plat is the issue of dedicating park land. Alderman Salentine made a motion to amend Resolution #P.C. 74-98, adding BE IT FURTHER RESOLVED, That the alternatives to the Moorland Road extension must be placed on the final plat. Soil boring test must be completed prior to final plat. A twenty (20) foot pedestrian path placed between lots 3 and 4. Intersection of Glen Oaks and Durham marked as temporary. Redelineation of back parcels subject to wetland field delineation. Access restrictions on lots 1, 6 and 10. Show adjacent elevations on grading plan. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 74-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 74-98 was Adopted unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 82-98 -- Approval to maintain a 20 x 20’, 11’ x 12’ and 12’ x 12’ accessory structure for the Kelpin property located at S110 W20468 S Denoon Road. This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Smith seconded. After brief discussion Alderman Salentine made a motion to amend resolution to change wording in the first WHEREAS, A site plan…..11’ x 12’ accessory building and a 12’ x 22’ boat house….. To remove the first BE IT FURTHER RESOLVED. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 82-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 82-98 Adopted unanimously. 05-19-98 PC Minutes Page 3 RESOLUTION #P.C. 83-98 – Approval of a 14’ X 20’ Accessory Structure for the Lewic property located at S67 W13043 Larkspur Road. This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 83-98 was Adopted unanimously. RESOLUTION #P.C. 84-98—Approval of temporary signs and stand for sale of fireworks for Lynn Sorce at the northeast corner of the Sentry parking lot in the Muskego Center Shopping complex. (W189 S7847 Racine Avenue). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. After brief discussion, Commissioner Hulbert made a motion to amend Resolution to read, THEREFORE BE IT RESOLVED, That only one vendor will be allowed on site at any one time per attached. That petitioner’s stand will be 20’ x 30’ with signs attached to the sides. Change dates in the second BE IT FURTHER RESOLVED, That the fireworks sales may not start before June 21, 1998 but will be in operation no later than July 5, 1998. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 84-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 84-98 was Adopted unanimously. At 9:26 P.M. Mayor De Angelis called for a ten minute recess. At 9:34 P.M. the Plan Commission meeting was called to order. NEW BUSINESS: RESOLUTION #P.C. 85-98 – Approval of a one (1) lot sketch land division for the Hoeft property located in the NW ¼ of Section 13. (Tax Key No. 2209.935). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Discussion ensued wherein parcels meet zoning requirements. Staff has concern that temporary cul-de-sac should be extended far enough into the proposed division line. Mr. Hoeft approached Commission opposing the extension of the temporary cul-de-sac stating that he would not be able to sell the property due to the amount of money necessary for the extension. Commissioner Gummer made a motion to amend Resolution #P.C. 85-98 to read, BE IT FURTHER RESOLVED, That approval is given for temporary driveway to existing cul-de- sac. Driveway will be maintained at owner’s expense. Upon a voice vote, Resolution #P.C. 85-98 was Amended. Upon a roll call vote, Amended Resolution #P.C. 85-98 was Adopted unanimously. RESOLUTION #P.C. 86-98 -- Approval of amendment to a Building, Site and Operation Plan for Pizza Hut at the property located at S73 W16730 Janesville Road. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner is proposing to expand freezer area and relocate existing 10’ x 10’ shed to the northeast corner of parking lot. Petitioner also proposes to place an enclosed dumpster in the northwest corner of the parking lot. Discussion ensued wherein the expanded freezer area will match the existing building. The dumpster will be enclosed by a fence and metal gates. The enclosure will also match the existing building. Upon a roll call vote, Resolution #P.C. 86-98 was Adopted unanimously. 05-19-98 PC Minutes Page 4 RESOLUTION #P.C. 87-98 – Approval of a four (4) lot sketch land division for the Wernette property located in the Lincolnshire Subdivision in the SE and SW ¼’s of Section 1 and the NW and NE ¼’s of Section 12. (W128 S7110 Flintlock Trail, Tax Key No. 2205.041). Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Staff has concerns regarding the creek that runs through the parcel, primary environmental corridor and possible wetlands that would need to be delineated. Commissioner Smith made a motion to amend Resolution #P.C. 87-98 to state, BE IT FURTHER RESOLVED, That a note be placed on the face of the Certified Survey Map determining the stream navigability, delineation of wetlands, no access to Tess Corners. All debris must be removed from property prior to submittal of Certified Survey Map for approval. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 87-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 87-98 was Adopted unanimously. RESOLUTION #P.C. 88-98 – Approval of a five (5) lot sketch land division for the Duve property located in the NW ¼ of Section 33. (Tax Key No. 2290.995.002). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Concerns expressed by Staff are type of zoning to apply to parcel and the total square footage of the outbuildings. While R-1 zoning is not anticipated by the Comp Plan for this area, the densities proposed are consistent with the Comp Plan. Commissioner Hulbert made a motion to amend Resolution #P.C. 88-98 to change wording in the BE IT FURTHER RESOLVED, That said property(ies) must be rezoned to R-1, Country Home. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 88-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 88-98 was Adopted unanimously. RESOLUTION #P.C. 89-98 – Approval of a conceptual Building, Site and Operation Plan for the Nevac Group at the property located in the southeast corner of Racine Avenue and Woods Road. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Discussion ensued that although the proposed building design appears to be appropriate, the density of the project is not compatible with the B-1 requirement of one dwelling unit for every 16,000 square feet. Mr. Bill Seno, New Markets, expressed that this type of development has been favored, and environmentally would pay full load of taxes in the City. Mr. Wayne Salentine presented a letter to the Commission signed by the Stefaniak family expressing that this development is a positive addition to the area and should be given serious consideration. Commission members stated they would be willing to consider similar zoning and densities as found in the Muskego Regency Project. Upon a roll call vote, Resolution #P.C. 89-98 was Defeated unanimously. RESOLUTION #P.C. 90-98 -- Recommendation of approval of a Certified Survey Map for a one (1) lot land division for the Badertscher property located in the NW of the NE 1/4 of Section 7. (Tax Key No. 2185.999). Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Discussion ensued wherein no perc tests have been submitted. Staff recommends disapproval due to driveway length, and overall method of land division being irregular and unsafe. Alderman Salentine made a motion to amend Resolution #P.C. 90-98 to read, THEREFORE BE IT RESOLVED, That a note be placed on the face of the Certified Survey Map showing that perc tests have been completed. Commissioner Hulbert seconded. Upon a voice vote Resolution #P.C. 90-98 was Amended with a 5-1 vote. Commissioner Gummer voting No. Upon a roll call vote, Amended Resolution #P.C. 90-98 was Defeated with a tie vote. Mayor De Angelis, Alderman Salentine and Commissioner Schaumberg voting Yes. Commissioner’s Gummer, Smith and Hulbert voting No. 05-19-98 PC Minutes Page 5 RESOLUTION #P.C. 91-98 – Approval of a Mother-In-Law/Two-Family Unit for the Wallner property located at Lot 17 in Lakeview Highlands Subdivision. (Thornapple Court). Commissioner Gummer made a motion to approve. Commissioner Smith seconded. Petitioner had this building approved for Lions Park Drive. The land deal did not go through and petitioner is now proposing same building on Lot 17 in Lakeview Highlands. Petitioner has added all brick to this building and has enlarged building. Upon a roll call vote, Resolution #P.C. 91-98 was Adopted unanimously. MISCELLANEOUS BUSINESS: Bond, Letter of Credit or Cashier’s Check for Wayne Gasek for Lot 13 and 14 in Park Estates Subdivision. Plan Commission required Letter of Credit or cashier’s check for landscaping prior to occupancy of building. Mr. Gasek stated that developer has deed restrictions and has submitted a landscaping bond. After discussion, it was noted that Plan Commission did not approve landscaping plans for Lots 13 and 14. Commission Hulbert made a motion that landscaping bond is not required and should be eliminated from resolution. It was also stated that the landscaping bond will be removed from other duplex petitioner’s permits for Park Estates if no approval was given for landscaping plan. Commissioner Gummer seconded this motion. ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 11:00 P.M. Commissioner Smith 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