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Plan Commission Minutes 09-07-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES SEPTEMBER 7, 1999 Minutes of the Plan Commission held on September 07, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:35 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Schaumberg, Smith, Plan Director Turk and Recording Secretary Asti. ABSENT: Commissioner Gummer Secretary reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Commissioner Schaumberg made a motion to approve the minutes of the August 17, 1999, meeting. Alderman Salentine seconded. Upon a voice vote, motion to approve the minutes was approved unanimously. OLD BUSINESS: RESOLUTION #P.C. 96-99 – Approval of a Two (2) lot sketch land division and conceptual rezoning for the Bachleitner property located in the NE ¼ of Section 13. (Tax Key No. 2209.966 / S81 W12775 Acker Drive). This resolution was brought back to the floor for discussion. Staff researched prior land divisions in this area per request from Plan Commission. In the past five years four divisions were proposed. Three of the division requests were to divide single property into two parcels. All requests met minimum standards for RSE zoning district. The fourth request was a two lot configuration sketch which conformed to RSE zoning which Plan Commission approved. No public hearings were heard for the previous requests. Staff suggests that the 2005 Comprehensive Plan does not disapprove considering the petitioner’s proposal, however, no precedent has been established by Plan Commission or Common Council that would suggest petitioner has basis for approval. Plan Commission could request Staff to research the entire neighborhood. Mr. Allan Bachleitner, petitioner’s son, addressed the Commission stating that surrounding neighbors are in favor of this request. Mr. Bachleitner mentioned that if this request was denied it would become a hardship on his parents and there would be a strong possibility that they could not continue to live in the Muskego area. Discussion ensued wherein this property was assessed only one lateral as a part of the recent sewer project and that this property is not eligible for redivision. Upon a roll call vote, Resolution #P.C. 96-99 was Denied unanimously. 09-07-99 PC Minutes Page 2 CONSENT BUSINESS: RESOLUTION #P.C. 98-99 - Approval of a 22’ X 32’ Accessory Structure for the Kozlik property located in the SE ¼ of Section 5 (Tax Key No. 2184.995 / S67 W21091 Tans Drive). This resolution was read by title only. No discussion. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 98-99 was Adopted unanimously. RESOLUTION #P.C. 99-99 - Recommendation of approval of an Extraterritorial Certified Survey Map for the Helminger property located in the NW ¼ of Section 8, Town of Norway. This resolution was read by title only. No discussion. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 99-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 100-99 - Approval of Business Site and Operation (BSO) Plan and Conditional Use Grant for Burke Properties, Inc. for the purpose of operating a gasoline service station and convenience store, located in the NE ¼ of Section 25. (Tax Key No. 2257.978.003). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. A public hearing was held on this issue prior to the start of this meeting. Petitioner proposing gasoline service station and convenience store. Petitioner has been informed that the residents would like to have the operation closed from 11:00 pm to 5 am. Petitioner has no objection to adjusting to requested hours of operation. The car wash submittal will be a part of the current proposal. Petitioner has indicated that the building will have masonry and horizontal cedar siding with composite shingles for roof with building done in earth tones. The building is a modified prairie style. The Durham Hill Design Guide calls for agrarian or rural design of buildings in this area. Location of mechanicals are not illustrated. The proposed layout does not conform to the Durham Hill Design Guide. Petitioner has requested consideration of site alignment citing highway visibility and safety issues. Petitioner sent correspondence on 9-1-99 indicating that landscaping and dumpster issues will be resolved in a resubmittal. Access through North Cape road only as the D.O.T. has restricted access to Highway 36. Proposal has indicated parking for 20 cars. Parking location does not conform to the Design Guide and petitioner has asked for consideration of site layout. No detailed lighting information has been submitted. Staff recommends photometrics be required for all fixtures to assure light tresspass does not affect nearby residential uses and does not hinder highway visibility. Details regarding sign lighting have not been provided. After engineer approval of grading and utility plans, the Public Works and Utilities Committees will review plans. Discussion ensued wherein Mr. Bill Pucillo and Mr. Steve Smith, petitioner’s architect, addressed the Commission requesting consideration for the design and placement of the building. Mr. Smith stated that after numerous designs of the site the proposed design best fits the needs of the petitioner. However, Mr. Smith confirmed that he could modify the design of the building per requests from the Plan Commission. Mr. Pucillo stated that all mechanicals would be inside except for the condensers, which can be screened. After discussion, it was determined that the car wash would be a separate issue under new resolution. Commissioner Hulbert made a motion to defer this item allowing petitioner time to redesign the building and placement on site. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 100- 99 was Deferred unanimously. 09-07-99 PC Minutes Page 3 RESOLUTION #P.C. 101-99 Recommendation of approval of final Certified Survey Map for a one (1) lot land division of the Burke Properties, Inc. property located in the NE ¼ of Section 25. (Tax Key No. 2257.978.003). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Petitioner requesting approval of one lot land division to consolidate land in common ownership. The purpose would be to provide “clean” land records associated with proposed convenience store/gas station. Director Turk announced that he has not received engineer’s comments. However, this CSM cannot be recorded until a Trans 233 approval is given from the State of Wisconsin. Upon a roll call vote, Resolution #P.C. 101-99 was Adopted unanimously. 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). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. Petitioner requesting to separate property on Garnet Drive into two lots with legal lot status. Proposed lots are irregular in shape with majority of lot area located within the Jewel Creek and Little Muskego Lake floodplain. Previously lots were in separate ownership with separate tax key numbers. In 1963, variance was granted which required combination of smaller parcels. In 1971 and 1976, petition to separate vacant land from the balance of lot was denied. In 1984, a CSM was recorded combining the parts of lots into configuration shown, one tax key number is assigned to this property. Legal council has indicated that once a CSM has been recorded to combine substandard lots, process cannot be reversed by granting legal lot status. Mr. Richard Victoreen, neighbor to Mr. Keller, addressed the Commission inquiring if he would be allowed to the same request for his property. Mr. Victoreen also asked if he would be allowed to see submittals of plans from petitioner. Director Turk informed the Commission that he had not had an opportunity to go over all the pre-1984 paperwork he received earlier in the day on this property. Director Turk felt that it would be unfair to the petitioner to vote on this item that has not been thoroughly researched. Mr. Larry Keller requested in writing that issue be deferred until further research can be completed. Alderman Salentine made a motion to defer this item allowing Staff to review all the necessary paperwork. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 102-99 was Deferred unanimously. RESOLUTION #P.C. 103-99 - Recommendation of approval of rezoning certain parcels in the SE ¼ of Section 25 from R-3 Country Home District to Rs-2 Suburban Residence District. (Tax Key No. 2257.999 and Tax Key No. 2257.999.001). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. In August, 1996, Common Council adopted Ordinance #897 amending zoning map in vicinity of Loomis Road, Loomis Drive, North Cape Road and Hwy 45. In a public hearing owners of two tax key numbers questioned the change in their zoning class requesting to receive RS-3 zoning allowing for smaller residential lot sizes. The Common Council amended the Ordinance by removing these properties allowing owners to petition for higher density zoning. To date owners have not petitioned for the RS-3 zoning. Within the last two months, Staff has discussed this matter with both owners and neither have chosen to pursue the request. A Public Hearing has been scheduled before the Common Council on Tuesday, September 14, 1999. Upon a roll call vote, Resolution #P.C. 103-99 was Adopted unanimously. RESOLUTION #P.C. 104-99 - Approval of a three lot sketch land division and conceptual rezoning from EA- Exclusive Agriculture to R-1 Country Home District for the Posbrig property located in the SW ¼ of Section 21. (Tax Key No. 2243.992 / Parker Drive). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to subdivide property into three parcels along with rezoning from EA to 09-07-99 PC Minutes Page 4 R-1. All proposed parcels meet the requirements of the R-1 district. Wetlands on property have been delineated by SEWPRC in 1998, and petitioner has obtained wetland crossing permission from DNR. Lots 1 and 2 will share a drive with a cross-access easement. Upon a roll call vote, Resolution #P.C. 104-99 was Adopted unanimously. RESOLUTION #P.C. 105-99 - Recommendation of approval of final Certified Survey Map for a one (1) lot land division of the Schaumberg property located in the SE ¼ of Section 21 (part of Tax Key No. 2241.997 and part of Tax Key No. 2243.980). Due to potential conflict of issues, Commissioner Schaumberg removed herself from this item. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner received approval for a one lot CSM accessed by private easement. Since then the DNR has purchased conservancy land to the east, and petitioner proposes to reconfigure parcel to abut the conservancy. Parcels conform to requirements of State Statue and Municipal Codes. Upon a roll call vote, Resolution #P.C. 105-99 was Adopted unanimously. RESOLUTION #P.C. 106-99 - Recommendation of approval to amend Section 17:8.20 (c) of the Zoning Ordinance relating to permitted uses by conditional grant allowed in the EA - Exclusive Agriculture District, more specifically to allow warehousing uses, but specifically not including mini-warehouse uses by conditional use grant. George Steinhaus, petitioner. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct new warehouse principal structure, principal residence and agricultural outbuildings on parcel of approximately 40 acres. This zoning district does not permit general warehousing and petitioner is requesting that general warehousing be added to uses permitted by conditional use grant. Staff recommends that mini-warehouses be excluded. Mr. George Steinhaus, petitioner, addressed Commission stating that the placement of the buildings would be difficult to see from the roadway. Mr. Steinhaus would like to consolidate his buildings. Upon a roll call vote, Resolution #P.C. 106-99 was Adopted unanimously. RESOLUTION #P.C. 107-99 - Approval of conceptual Planned Unit Development for Overlook Bay Phase II, located in the SE ¼ of Section 8, Gary Januszewski petitioner. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing a conceptual review for a PUD for Phase II for Overlook Bay. Petitioner proposes access onto Racine Avenue. Development will be served by serpentine roadway that will connect to existing Overlook Bay development. Six (6) eight unit buildings have been proposed which is half the density of the original proposal. Fire department has reviewed plans and found sufficient access subject to parking restrictions. The development will remain heavily wooded and bermed from Sunset Drive. Wetlands have not been delineated. No building elevations have been proposed, however petitioner has indicated that structures will be similar to existing development. Mr. Gary Januszewski, petitioner, expressed that proposed units are condos. Mr. Januszewski handed out a revised site plan showing revised location of buildings 5 and 6. Upon a roll call vote, Resolution #P.C. 107-99 was Adopted unanimously. MISCELLANEOUS BUSINESS: None. 09-07-99 PC Minutes Page 5 ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 9:06 P.M. Commissioner Schaumberg 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