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Plan Commission Minutes 11-02-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday, November 2, 1999 Minutes of the Plan Commission meeting held on November 2, 1999, in the Muskego Room, City Hall, W182S8200 Racine Avenue, Muskego, Wisconsin. Mayor De Angelis called the meeting to order at 7:03 p.m. PRESENT: Mayor De Angelis, Commissioner Gummer, Commission Smith, Ald. Salentine, Commissioner Schaumberg, Commissioner Hulbert, and Plan Director Brian Turk. GUESTS: 13 The meeting was posted October 27, 1999 in compliance with the Open Meeting Law. APPROVAL OF MINUTES: Ald. Salentine moved, Commissioner Gummer seconded, to approve the minutes of the October 19, 1999 meeting. No additions discussion or corrections. Upon a voice vote, the motion carried. OLD BUSINESS 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 read by title only. This resolution was deferred from previous meeting pending the receipt of a traffic study. Plan Director noted that the Plan Commission is required to review this project both for traffic impacts and for the nuisance impacts it may have. He shared with the Plan Commission members Ruekert & Mielke’s traffic study and also comments from Mr. Schildt on the traffic study. He advised the Plan Commission members of the section of the zoning code regarding gasoline service stations. He reported that the public hearing was well attended and the residents in the neighborhood are opposed to the development. An amended resolution, with additions and deletions, was presented to the Plan Commission for consideration. Plan Director Turk was recommending approval of this resolution. The third WHEREAS was added and indicates the 1,500 foot separation rule required by the code and that the traffic study has been received. The eighth and sixteenth WHEREAS have a change from T-111 plywood to board and batten. The wording “and without its construction materials indicated” has been struck from the eleventh WHEREAS. The seventeenth WHEREAS was struck completely from the resolution. In the first BE IT FURTHER RESOLVED, T-111 plywood has been changed to board and batten. The second BE IT FURTHER RESOLVED has been added indicating required permissions from the Waukesha County Department of Transportation. Clarification “except for the ground sign approved herein, and the Open Pantry wall sign approved herein,” was added to the seventh BE IT FURTHER RESOLVED. Ald. Salentine moved to amend Resolution #P.C. 112-99 presented, which has been presented by staff as #P.C. 112a-99. Commissioner Schaumberg seconded. No further discussion. Upon a voice vote, the Minutes, Plan Commission, Tuesday, November 2, 1999 page 2 motion carried unanimously. Commissioner Gummer expressed his concern about the number of vehicle trips reported in the traffic study. Commissioner Hulbert recognized the homeowners being impacted by the proposed development and these issues should be explored. The commissioners would like a traffic engineer present at the next meeting to answer questions on the traffic report. Ald. Salentine moved to defer action on Amended Resolution #P.C. 112a-99 until the next meeting, requesting that a traffic engineer be present to answer their questions. Commissioner Gummer seconded. Upon a voice vote, the motion carried 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 read by title only. Plan Director Turk recommended the resolution be deferred until the next meeting as the required revisions were not received as required of the October 5, 1999 Plan Commission deferral. He reported that 1% of the required revisions still needed to be made. Commission Hulbert brought up the issue of the design/connection of the pedestrian path. Commissioner Hulbert moved to defer action on Resolution #P.C. 120-99. Commissioner Smith seconded. No further discussion. Upon a voice vote, the motion carried unanimously. RESOLUTION #P.C. 127-99 - Approval of a two (2) lot sketch land division for the Schmidt property, located in the SW ¼ of Section 1 (Tax Key No. 2163.999.008 / Tess Corners Drive) This resolution read by title only. This resolution was deferred from the last meeting pending further review of the existence of the 10% lot variance provision for land divisions. Plan Director Turk recommended denial of the petition at this time. The petitioner could reintroduce it if they go through the steps to have the Hale Park Owners Association covenants and restrictions changed prior to requesting a zoning change. Commissioners discussed the desirability of a 10% lot variance provision in the code and possibly amending the code. Ald. Salentine moved to amend, Commissioner Smith seconded, Resolution #P.C. 127-99, “BE IT RESOLVED that the Plan Commission denies the two lot sketch land division without prejudice”. The petitioner would have an opportunity to petition again in the future. No further discussion. Upon a roll call vote, the motion to amend Resolution #P.C. 127-99 carried unanimously. On the preceding motion to approve, Resolution #P.C. 127-99 was approved unanimously. CONSENT BUSINESS RESOLUTION #P.C. 130-99 – Approval of a 10’ x 16’ Accessory Structure for the Provencher property located in the SE ¼ of Section 6 (Tax Key No. 2184.020 / W210 S6969 Stonecrest Road). This resolution read by title only. RESOLUTION #P.C. 131-99 – Approval of a 22’ x 24’ Accessory Structure for the Ludwig property located in the SE ¼ of Section 29 (Tax Key No. 2276.999.006 / S100 W19330 DeBack Drive). This resolution read by title only. Both resolutions read by title only. No individual considerations addressed. Commission Hulbert moved to approve Resolution #P.C.#130-99 and Resolution #P.C.#131-99 as read by title only. Commissioner Minutes, Plan Commission, Tuesday, November 2, 1999 page 3 Schaumberg seconded. No further discussion. Upon a roll call vote, the motion to approve Resolution #P.C. #130-99 and Resolution #P.C. #131-99 carried unanimously. NEW BUSINESS 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 read by title only. Commissioner Schaumberg moved for approval, Commissioner Gummer seconded. Plan Director Turk gave the commissioners a historical update on the property located on the northeast corner of Moorland and Janesville Roads and zoning applicable to the area and the provision of Resolution #130-98. Due to the lack of construction plan submittals, Director Brian Turk recommended the Plan Commission defer action. The concerns are that a land division is being proposed by plat of survey where the code requires a certified survey map be submitted; to date there have been no grading plans for the site although there is a site topography map; there are some existing woodlands on the site that must be preserved and certified survey map would provide the mechanism for that to occur by easement; also, a certified survey map would take care of vision corners, cross, access, easement standards, etc. In regard to the site plan submitted, suggested that a traffic study be prepared and presented to the Plan Commission so they can evaluate the turning motions on and off site. Phase I depicts only one access on Janesville Road; he would recommend an additional access to Moorland Road. Other issues pointed out related to the on-site traffic movements, impervious surface area, storm water retention, and snow storage. Although the building structure proposed meets all setback,offset, and height requirements for the B-3 zoning district, it lacked conformance to the Muskego Design Manual. Further issues concerning the development were the amount and location of landscaping amenities, site lighting, hours of operation, outside sales/storage, erosion control, sanitary sewer, on-site storm water management and water mains. He noted that these are substantial components of the approval by the Plan Commission and the Common Council in one aspect or another. Commissioner Hulbert had some concerns regarding the zoning of the property. Plan Director explained the resolution of intent in place at this time (PC#53-98) on zoning the 19 acres for business and the remainder of the property RSM. Mayor De Angelis shared with the Commissioners the procedure of rezoning segments so that control is retained over the business park. Commissioners requested that copy of the PC#53-98 be provided for their reference. Commissioner Hulbert moved to defer action on Resolution #P.C. 132-99. Commissioner Smith seconded. No further discussion. Upon a voice vote, the motion carried unanimously. RESOLUTION #P.C. 133-99 --Approval of a Two (2) Lot Certified Survey Map for the Marek property located in the NW ¼ of Section 13 (Tax Key No. 2209.943 / Hi View Drive) This resolution read by the acting recording secretary. Commissioner Gummer moved to approve Resolution #P.C. #133-99. Ald. Salentine seconded. Plan Director Turk reported that the engineer’s comments were received and forwarded on to the petitioner for revisions. He expects the revisions to be completed prior to Common Council action as they are technical in nature. No further discussion. Upon a roll call vote, the motion carried unanimously. RESOLUTION #P.C. 134-99 – Approval of a Two (2) Lot Certified Survey Map for the Malinowski property in the NE ¼ of Section 11 (Tax Key No. 2201.990.001 / Woods Road) This resolution read by the acting recording secretary. Minutes, Plan Commission, Tuesday, November 2, 1999 page 4 Ald. Salentine moved to approve Resolution #P.C. #134-99. Commissioner Hulbert seconded. Plan Director Brian Turk informed the Commission that the proposal has not been before them in sketch form. After meeting with the petitioner, it was felt that the petitioner could submit the certified survey map. There were two parcels and at some point in the past, they were combined for tax purposes, but they are still two separate platted lots. Both properties meet the requirements for land division. It was noted that the petitioner could do the land division by simple deed filed at the Court House without Plan Commission approval. He continued, that the engineer’s technical comments have been received and forwarded on to the petitioner for correction. Corrections are expected to be made prior to Common Council application. At this time, the petitioner advised the Plan Commission members that he had received a letter from his mortgage company, indicating the steps/procedures to take to satisfy their requirements. He provided a copy of the letter to the Commission. Plan Director Turk informed him that he would also need to provide a letter granting a time extension until such time the mortgage company’s requirements are met; otherwise, Wisconsin law requires that the document be signed and recorded within 30 days of Council approval and Council has only 60 days from the submittal date to review it. Mayor De Angelis, in review of the certified survey map, queried his intention regarding the driveway that encroaches into existing parcel #2. The petitioner responded that he plans, at this time, to put a drive easement on it as the driveway will be shared with his parents who are building next door and for a convenience of taking care of both properties. Mayor De Angelis requested a condition be made that the driveway easement be placed on the certified survey map so that it’s shown when he applies for his building permit. Then, at a future time, he would be able to vacate it. Ald. Salentine moved to amend Resolution #P.C.134-99 to require the driveway easement. Commissioner Hulbert seconded. No further discussion. Upon a voice vote, the motion carried unanimously. There being no further discussion on the motion to approve Resolution #P.C.134-99 as amended, upon a roll call vote, the motion carried unanimously. MISCELLANEOUS BUSINESS: There was none ADJOURNMENT: Commissioner Hulbert moved to adjourn, seconded by Commissioner Smith. Upon a voice vote, the motion carried unanimously. The meeting adjourned at 8:40 p.m. Respectfully submitted Stella Dunahee Stella Dunahee, CPS Acting Recording Secretary