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Plan Commission Minutes 12-07-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES DECEMBER 7, 1999 Minutes of the Plan Commission meeting held on December 7, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:00 p.m. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Brodel, Smith, Plan Director Turk and Recording Secretary Asti. ABSENT: Commissioners Gummer and Schaumberg. Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Alderman Salentine made a motion to approve the minutes of November 16, 1999, meeting. Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was approved unanimously. OLD BUSINESS: RESOLUTION #P.C. 102-99 - Recommendation of approval of Legal Lot Status for the purpose of allowing petitioner to divide a legal non-conforming vacant lot from an adjoining legal non-conforming lot at W182 S6573 Garnet Drive. (Tax Key No. 2174.949). This resolution was brought back to the floor for discussion. No new information has been submitted. Prior to Plan Commission meeting, Mr. Keller, petitioner, personally talked with Plan Director Turk and withdrew this item. Alderman Salentine made a motion to amend the last THEREFORE BE IT RESOLVED, That the Plan Commission recommends to the Common Council to deny without prejudice. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 102-99 was Amended unanimously. Alderman Salentine made a motion to twice amend the resolution to remove the last three BE IT FURTHER RESOLVED paragraphs. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 102-99 was Twice Amended unanimously. Upon a roll call vote, Twice Amended Resolution #P.C. 102-99 was Adopted unanimously. RESOLUTION #P.C. 112-99 - Approval of Business Site and Operation (BSO) Plan and Conditional Use Grant for a Gasoline Service Station and Convenience Store for the O’Malley Investments, Inc. parcel located at the Northeast corner of STH 45 and STH 36 in the NE ¼ of Section 25. (Tax Key Nos. 2257.978.004 and 2257.997 and part of adjacent WEPCO right-of-way). This resolution was brought back to the floor for discussion. This matter was deferred awaiting Waukesha County’s decision on required roadway improvements. Mr. Gary 12-07-99 PC Minutes Evans, Waukesha DOT, met with Mayor, City Consulting Engineer and Plan Department Staff. Mr. Sean McMullen, Ruekert & Mielke, addressed Commission relating outcome of meeting with the DOT. Mr. McMullen relayed that after visiting the site, the DOT is concerned with the 580 foot line of sight issue. The DOT has not received application from O’Malley Investments for access permit. The DOT will not conduct a review on this matter until petitioner submits application and addresses the line of sight issue. Alderman Salentine made a motion to defer this item allowing petitioner to meet with Waukesha County and City Staff. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 112-99 was Deferred unanimously. RESOLUTION #P.C. 120-99 - Recommendation of Approval of a Preliminary Plat for the Quietwood Creek Subdivision by Carity Land Corp. located in the SE ¼ of Section 3, and SE ¼ and NE ¼ of Section 10. (Tax Key No’s 2172.997, 2197.999, 2200.999, and 2200.997.005). This resolution was brought back to the floor for discussion. Pending receipt of several revisions submitted, the City has reviewed revised plat and has a number of conditions prior to approval. Plan Director Turk read through fifteen conditions that have been drafted into Resolution #P.C. 120b version. All utility plans have been received on December 7, 1999 and will be processed. Alderman Salentine made a motion to accept the submitted amended version of Resolution #P.C. 120b-99. Commissioner Hulbert seconded. Upon a voice vote, Acceptance of Amended Resolution #P.C. 120b-99 version was Adopted unanimously. Upon a roll call vote, Amended Resolution #P.C. 120b-99 was Adopted unanimously. RESOLUTION #P.C. 132-99 - Recommendation of Approval of a Building Site and Operations Plan for Phase 1 of the “Dreamland” OPD Planned Development District, for Jewel / Osco - American Stores Properties, Inc., by Dreamland Investors LLC, located in the SW ¼ of Section 2 and the SE ¼ of Section 3. (Tax Key No. 2167.995 and 2172.999). This resolution was brought back to the floor for discussion. Plan Director Turk reported that there are a number of outstanding issues to be addressed. The photometrics have been submitted to the City Engineer for review. Petitioner’s representative, Attorney John Finerty, concurred with Plan Staff decision that the outstanding issues be resolved prior to moving ahead with this project. Attorney Finerty agreed that petitioner has requested this item be deferred. Commissioner Hulbert made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 132-99 was Deferred unanimously. RESOLUTION #P.C. 139-99 - Approval of a Conditional Use Grant and Business, Site and Operations Plan for Bryon Hrin / AAA Asphalt Sealing for the purpose of operating a vehicle storage and maintenance facility on property located in the SW ¼ of Section 25 (Tax Key No. 2259.994 / Loomis Road). This resolution was brought back to the floor for discussion. Petitioner has met with Mayor and Planning Staff to discuss outstanding issues. Petitioner realizes that outdoor storage is not allowed with current zoning or with conditional use. Petitioner is reviewing his options and will notify Plan Commission when he has made a decision on the action he wishes to pursue. No new information has been submitted by petitioner. Alderman Salentine made a motion to defer. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 139-99 was Deferred unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 144-99 – Approval of a Temporary Subdivision Sign for Rosewood Estates at the property located in the NW ¼ of Section 11. (Tax Key No. 2204.994 / Durham Drive). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Petitioner proposing one sided, 32 square foot, 12-07-99 PC Minutes non-illuminated sign. Proposed sign will be white with black letters and located along Durham Drive, outside of the right-of-way. Signage meets code requirements. Approval will allow sign to remain on property until the sale of 90% of lots. Upon a roll call vote, Resolution #P.C. 144- 99 was Adopted unanimously. RESOLUTION #P.C. 145-99 - Recommendation of Approval of an Extraterritorial Certified Survey Map for the Babik property located in the SE ¼ of Section 1 of the Town of Waterford. This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Petitioner proposing a one lot land division on property in the Town of Waterford. Upon a roll call vote, Resolution #P.C. 145-99 was Adopted unanimously. RESOLUTION #P.C. 146-99 – Approval of a Temporary Subdivision Sign for Quietwood Creek Subdivision at the property located in the SE ¼ of Section 3. (Tax Key No. 2172.997). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Petitioner proposing one sided, 64 square foot, non-illuminated sign. Proposed sign will be teal and light colored background with black letters and located along Janesville Road, outside of the right-of-way. Signage meets code requirements. Approval will allow sign to remain on property until the sale of 90% of lots. Made a motion to seconded. Upon a roll call vote, Resolution #P.C. 146-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 147-99 – Approval of a Conditional Use Grant and Business Site and Operations Plan for a vehicle service and repair establishment at the property located at S73 W16485 Janesville Road. (Tax Key No. 2198.949 / NE ¼ of Section 10). Alderman Salentine made a motion to approve. Commissioner Smith seconded. A Public Hearing was held prior to Plan Commission meeting. Petitioner proposing to conduct automobile service facility. Petitioner also proposing sales and service to battery powered golf bag carriers. The proposed use is permitted with conditional use grant. Mr. Kurt Hider addressed the Commission stating that he is authorized repair and sales representative for the golf carriers. In the future, petitioner would be considering to have a showroom for the golf apparatus. Petitioner received conceptual approval by Resolution #P.C. 129-99. Upon a roll call vote, Resolution #P.C. 147-99 was Adopted unanimously. RESOLUTION #P.C. 148-99 - Determination of no expansion of non-conforming use and approval of Building, Site and Operation Plan for a family-style restaurant for Liborio Marrarisi and Joe LaLicata at the property located at S78 W16355 Woods Road formerly known as the Bayside Inn. (Tax Key No. 2200.996). Alderman Salentine made a motion to approve. Commissioner Smith seconded. The property and uses are classified as legal non- conforming. Petitioners are proposing to change use from tavern with incidental food service to a restaurant with liquor license. Plan Commission needs to determine if proposed use possesses greater or equal conformity to the RS-2 zoning requirements. After discussion, it was determined that the proposed use of restaurant with liquor license if of greater conformity to the zoning district. Any exterior modifications or interior modifications expanding the seating capacity above 50 patrons requires further review by Plan Commission. Petitioner’s representative, Attorney Donald L. Conner, addressed Commission stating that the petitioners are experienced restaurant owners with reputable reputations. Attorney Conner does not foresee problems with the proposed use. Upon a roll call vote, Resolution #P.C. 148-99 was Adopted unanimously. 12-07-99 PC Minutes RESOLUTION #P.C. 149-99 --Recommendation of Approval of a Certified Survey Map and Rezoning for a one (1) lot land division for the Scholbe property located in the NW ¼ of Section 30. (Tax Key No. 2277.997). Commissioner Brodel made a motion to approve. Alderman Salentine seconded. Sketch approval had been granted by Resolution #P.C. 115- 99. Petitioner has applied for Rezoning and public hearing is scheduled before Common Council on December 14, 1999. Parcel conforms to Agriculture zoning district. Upon a roll call vote, Resolution #P.C. 149-99 was Adopted unanimously. RESOLUTION #P.C. 150-99 -- Recommendation of Approval of a Certified Survey Map for the Wysocki Property located in the NW ¼ of Section 14. (Tax Key No. 2214.999 / W151 S8002 Mystic Drive). Commissioner Smith made a motion to approve. Commissioner Brodel seconded. Sketch approval has been granted by Resolution #P.C. 19-99. The required 60 foot wide right-of-way dedication has not been illustrated on the certified survey map. Sketch approval also required successful perc test for Parcel 2. Mr. David Helm approached the Commission with an updated certified survey map including the dedicated right-of-way. Mr. Helm also handed Plan Director Turk a soil test report. Commissioner Hulbert made a motion to amend this resolution in the second BE IT FURTHER RESOLVED, That this approval is subject to the revision ….right-of-way dedication/reservation extending along the….. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 150-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 150-99 was Adopted unanimously. RESOLUTION #P.C. 151-99 -- Recommendation of Approval of a Final Plat for the Rosewood Estates Subdivision located in the NE ¼ and NW ¼ of Section 11. (Tax Key No. 2202.994). This item was posted on meeting agenda anticipating receipt of final plat. Submittals received lacked several important items required to be marked on the final plat. No action was taken on this resolution. RESOLUTION #P.C. 152-99 – Recommendation of Approval of Commercial Property Maintenance Standards and approved by the Mayor’s Task Force on Economic Development on December 1, 1999. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. The Mayor’s Task Force has forwarded an Ordinance which outlines minimum maintenance standards for non-residential property. The ordinance will be enforced on a complaint only basis. Two written complaints from citizens or one from Mayor or Alderman would initiate enforcement action. Upon a roll call vote, Resolution #P.C. 152-99 was Adopted unanimously. MISCELLANEOUS BUSINESS: Racine Avenue Gateway Design Guide. The 2010 Comprehensive Plan Committee has expressed concerns regarding the appearance of Muskego’s “gateways” especially the Moorland Road and Racine Avenue area. The Task Force has recommended that the City establish specific design standards for each of these corridors. The Committee has suggested developing a design manual using the Downtown Design Guide as a base with a completed proposal presented to the Public and Plan Commission sometime in March of 2000. Update on 2010 Comprehensive Plan Committee activities. Committee is scheduled to complete their recommendations in December meeting. Complete draft text should be available by the end of December, 1999. Plan Staff is working to establish a land use database into the City’s new Geographic Information System. The Plan should be completed 12-07-99 PC Minutes in January, 2000. A presentation of the Plan will be presented to the community in February, 2000 and presented to Plan Commission and Common Council in March, 2000. ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 8:39 p.m. Commissioner Brodel 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