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Plan Commission Minutes 11-16-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES NOVEMBER 16, 1999 Minutes of the Plan Commission meeting held on November 16, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:15 p.m. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Schaumberg, Smith, Gummer, Brodel, Plan Director Turk and Recording Secretary Asti. Secretary reported that the meeting was properly noticed in the accordance with the Open Meeting Law. MINUTES: Commissioner Schaumberg made a motion to approve the minutes of November 2, 1999, meeting. Alderman Salentine 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. Petitioner has not submitted new information. Due to ill health, Mr. Keller has requested that this item be deferred until the December 7, 1999 meeting. Alderman Salentine made a motion to defer. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 102-99 was Deferred 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 item was deferred from previous meeting, pending the consulting engineer be present at Plan Commission meeting to discuss concerns from Commissioners. Consulting Engineer, Mr. Sean McMullen, Ruekert & Mielke, introduced Mr. Brian Udovich, Traffic Engineer from Ruekert & Mielke. Mr. Udovich presented an overview of the traffic study. The 1999 projections of traffic volume were based on 1997 WI DOT data. The ITE Trip Generation was used to estimate potential traffic generated from the two developments. The total vehicle trip counts were determined at peak hour. 11-16-99 PC Minutes Page 2 The traffic study was based on a two lane highway. Mr. Sean McMullen presented alternatives to the original study. The road could be reconfigured to a four lane highway with a fifth turning lane, referred to as a “twiddle” lane in the center of the intersection. The other alternative would be a median strip in the center of a four lane highway. An estimated cost for reconfiguration to four lanes with a 76 foot wide pavement would be around $100,000- $125,000. Approval by Waukesha County would be required. After lengthy discussion, Commission members were split on decision of the safety issue and placing a conditional use which seems to be an offensive use to the surrounding neighbors. Or the traffic impact of an area which is zoned for commercial use. Commissioner Hulbert made a motion to amend resolution to deny based upon the social, economic impact and safety issues. Commissioner Smith seconded. Upon a roll call vote, motion to amend resolution failed with a 3/3 vote. Mayor De Angelis, Alderman Salentine and Commissioner Schaumberg voting No. Commissioners Gummer, Smith and Hulbert voting Yes. Commissioner Brodel abstained from voting on this issue. Commissioner Hulbert made a motion to defer this item to bring issues of expanding the roadway with turning lanes to the Waukesha DOT for review and comments. Alderman Salentine 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. Petitioner had submitted revised plans past the deadline date. Alderman Salentine made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 120-99 was Deferred unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 135-99 - Approval of a 24’ x 26’ Accessory Structure for the Curry property located in the SE ¼ of Section 1 (Tax Key No. 2164.025 / W127 S6767 Jaeger Place). This resolution was read by title only. Petitioner proposing approval of a 624 square foot structure. Structure meets all offset and height requirements of zoning district. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 135-99 was Adopted unanimously RESOLUTION #P.C. 136-99 - Approval of two 27 square foot ground signs for the Heritage Presbyterian Church property located in the NW ¼ of Section 1 (Tax Key No. 2169.996 / S63 W13761 College Avenue). This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Petitioner requesting amendment to two approved monument signs in Resolution #P.C. 67-99. Requested change is to remove 2 ½’ face brick base for both signs and install 2’ poles shielded by landscaping. Petitioner’s representative, Donna Seeker, approached Commission stating that the sign on College will be illuminated. Ms. Seeker stated that the signs will have the same look but due to the high bids received for the masonry work they would like approval to change material. Commissioner Hulbert made a motion to amend resolution, THEREFORE BE IT FURTER RESOLVED, That approval granted subject to construction of a stone landscape planter of dimensions similar to the prior approved masonry base with final approval by staff. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 11-16-99 PC Minutes Page 3 136-99 was Amended unanimously. Upon a call vote, Amended Resolution #P.C. 136-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 137-99 - Recommendation of approval to Rezone the MW Marine property from I-1, Industrial Park to I-1/OIP, Industrial Park with the Institutional and Public Service Overlay District located in the SW ¼ of Section 1 (Tax Key No. 2162.999 / S63 W13951 West College Avenue). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Petitioner requesting to rezone 7.5 acres of MW Marine parcel to accommodate proposed telecommunications tower. Tower is permitted by Conditional Use Grant in the OIP District. This rezoning request is not in conflict with the Master Plan. The Land Use Plan for the Year 2005 anticipates this area for industrial uses and the proposal is in keeping with the goals of the 2005 Land Use Plan. There will be a public hearing before Common Council on November 23, 1999. All submitted information has been sent to consulting engineers for their review. Commissioner Hulbert made a motion to defer this item until such time as additional information is provided by petitioner and forwarded to Evans and Associates and a recommendation is received. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 137-99 was Deferred unanimously. RESOLUTION #P.C. 138-99 - Approval of a Conditional Use Grant and Building, Site and Operation Plan for a 100 foot tall monopole telecommunications tower for the Milwaukee SMSA Limited Partnership at the MW Marine property located at S63 W13951 West College Avenue. (SW ¼ of Section 1 / Tax Key No. 2162.999). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Smith seconded. Petitioner proposing to construct 100 foot tall monopole tower for Ameritech. Site requires rezoning to include the OIP District. Petitioner has not supplied City with a statement indicating that the FCC emissions guidelines are in compliance, FAA approval is required along with Department of Commerce and WI DOT approvals. A structural analysis is required indicating capacity for co-location of proposed structure. Submittals have been forwarded to Evans and Associates for their review. This resolution is in conjunction with the previous resolution (#P.C. 137-99). Commissioner Hulbert made a motion to defer until such time as additional information is provided by petitioner and forwarded to Evans and Associates and a recommendation is received. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 138-99 was Deferred unanimously RESOLUTION #P.C. 139-99 - Approval of a Conditional Use Grant and Building, Site and Operations Plan for Indoor Vehicle Storage and Maintenance for AAA Asphalt Sealing Inc. at the property located in the SW ¼ of Section 25 (Tax Key No. 2259.994 / Loomis Road). Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. A Public Hearing was held on this resolution prior to the Plan Commission meeting. Petitioner proposing to operate a vehicle storage and maintenance shop. The zoning district allows indoor storage as a conditional use. Outdoor storage is not permitted. Mr. Hrin has indicated that this use will be seasonal. In warmer months the asphalt sealing business will take precedence while in the colder months focus will be placed on snow removal service. Staff has numerous concerns on the proposal. Petitioner has received sketch approval for an eight lot land division of this parcel with RSE zoning. The approved sketch land division would be in conflict with this use. Alderman Salentine made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 139-99 was Deferred unanimously 11-16-99 PC Minutes Page 4 RESOLUTION #P.C. 140-99 - Recommendation of approval to rezone a part of W191 S7691 Racine Avenue from RS-2, Suburban Residence District to B-2, Local Service Center District, located in the SE ¼ of Section 8 (part of Tax Key No. 2192.052 / part of W191 S7691 Racine Avenue). Commissioner Smith made a motion to approve. Commissioner Schaumberg seconded. The second phase of Overlook Bay PUD has been approved and amended by Plan Commission and Common Council. Part of amendment included rezoning and land division of south portion of Somar property. The Somar property will remain as R-2, legal non-conforming. The proposed area along with the remnant are in conformance with minimum area requirements. Upon a roll call vote, Resolution #P.C. 140-99 was Adopted unanimously RESOLUTION #P.C. 141-99 - Recommendation for approval to rezone a property located on Loomis Drive from RSE, Suburban Estate and A, Agriculture Districts to B-4 Highway Business District, for property located in the SE ¼ of Section 25 (Tax Key No. 2260.992 / Loomis Drive). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. Petitioner requesting rezoning to construct a commercial electrical contracting business and associated warehousing space. Properties to the east, west and north are zoned for and used for single family residences. Property to south is agriculture. The Durham Hill Commercial District is located to east and separated by over 700 feet of single family residential parcels. This petition is considered spot zoning. The adopted 2005 Comprehensive Plan defines this area for rural and agricultural land uses. The unapproved 2010 Comprehensive Plan may permit commercial development along Loomis Drive. Mr. Marv Pinkowski, petitioner, addressed the Commission that his business needs to be in a larger facility. The drivers start at 6:00 a.m. and leave the premises by 7:00 a.m. There would only be 2-3 people in the office during the day with possibly 3 deliveries during the week. Closing time for the operation is 3:30 p.m. with no one working during the weekend. There will be no outside storage. Mr. Don Counter, S99 W13259 Loomis, is in favor of Mr. Pinkowski’s request. Mr. Counter supported the request and feels that it would be a mistake to encourage additional residential zoning in this area. Commissioner Brodel made a motion to defer this item until the first Plan Commission meeting in January, 2000. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 141-99 was Deferred unanimously RESOLUTION #P.C. 142-99 - Approval of a one (1) lot sketch land division for the Lekfield property located at S93 W21095 Henneberry Drive in the NE ¼ of Section 19 (Tax Key No. 2236.997). This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Petitioner requesting rezoning to permit division of approximately three acres from farm property. Proposed parcel includes outbuildings and vacant farm home. The 2005 Comprehensive Plan calls for this area to be rural/agricultural. Upon a roll call vote, Resolution #P.C. 142-99 was Adopted unanimously RESOLUTION #P.C. 143-99 - Recommendation of Conceptual Approval to rezone the Schufletowski property from RS-2, Suburban Residence to RS-2. Suburban Residence with OOS, Office and Special Service Overlay District located in the NE ¼ of Section 17 (Tax Key No. 2225.994 / S80 W19020 Janesville Road). Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Petitioner requesting the addition of OOS zoning to their residential parcel. Parcels in adjacent area have the OOS zoning. Final approval could be granted with Building, Site and Operation plan. Petitioner is aware of the twenty-four month expiration period for approvals granted by the Plan Commission. Upon a roll call vote, Resolution #P.C. 143-99 was Adopted unanimously 11-16-99 PC Minutes Page 5 MISCELLANEOUS BUSINESS: None ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 9:04 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