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Plan Commission Minutes 04-20-99 CORRECTED* CITY OF MUSKEGO PLAN COMMISSION MINUTES APRIL 20, 1999 Minutes of the Plan Commission held on April 20, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 8:17 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Gummer, Smith, Schaumberg, Hulbert, Acting Plan Director Wolff and Recording Secretary Asti. 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 the March 16, 1999, meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 20-99 -- Approval of a Conceptual Building, Site and Operation Plan for the Lakeview Tavern property located at W171 S7260 Lannon Drive. (Tax Key No. 2198.001). This resolution was brought back to the floor for discussion. Petitioner’s representative, Tim Lang, has submitted a revised site plan. Parking stalls in front of building have been eliminated. Drainage issues along South Lane to northeast corner of property have been addressed. Some new landscaping has been proposed for perimeter of site and along Lannon, however a detailed landscape plan needs to be submitted. Lighting plans for parking lot need to be submitted. It has been determined at the previous Plan Commission meeting that the tavern parcel is not to be considered an OLS district parcel. Discussion ensued regarding the parking area on west side of Lannon Drive. Suggestions were given that this area should have circular pattern for parking. Precast concrete curb and bumper were suggested to allow customers to park in an orderly manner. The boat refueling hours will be from 8:00 AM to dusk. Alderman Salentine made a motion to amend resolution in the last WHEREAS, applicant will re-install a motor boat fuel pump previously approved on June 6, 1961. Hours of operation will be from 8:00 AM until dusk. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 20-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 20-99 was Adopted unanimously RESOLUTION #P.C. 24-99 --Resolution #P.C. 24-99 Resolution Designating The Proposed Boundaries And Approving A Project Plan For Tax Incremental District No. 8 City Of Muskego, Wisconsin. This resolution was brought back to the floor for discussion. This item was deferred to determine if Common Council can modify Plan Commission recommendations. The City Attorney’s opinion is that any Plan Commission recommendations and approvals can be modified by Common Council. The Common Council has final authority of project plan and has ability to amend the project plan. The Plan Commission must set boundaries and make 04-20-99 PC Minutes Page 2 recommendations to be submitted to Council. Commissioner Hulbert stated that he could not vote for this project plan with the demolition included and would want to see plans submitted showing proposed project. Commissioner Hulbert would vote no without prejudice allowing petitioner to resubmit plans in the future. The ponds should be done separate from this project. Commissioner Gummer stated that this plan has no funding for payback to City. Majority of Commissioners would like to see plan submitted showing proposed project. Alderman Salentine would like to see trees and street lights installed in the downtown area, along with burying of wires. All agreed that there are other types of funding to assist this developer. Mayor stated that the County added another line item for widening of Janesville Road. The cost estimates included in packets were discussed. Upon a roll call vote, Resolution #P.C. 24-99 was Defeated unanimously. Mayor De Angelis voted no due to the cost of demolition being included in resolution. RESOLUTION #P.C. 25-99 – Recommendation of approval of a Final Plat for the North Cape Farms Subdivision by Metropolitan Engineering located in the SE ¼ of Section 13. (Tax Key No. 2212.999). This resolution was brought back to the floor for discussion. The final plat conforms to the approved preliminary plat. Staff suggests that all comments by Waukesha County be included on plat; lots not permitting “walk-out” basement must be marked on final plat; five foot street tree easement along all interior street lots; and placement of a stop sign on Pipke Drive at North Cape Road. A single street name should be used for subdivision and be designated as a court indicating a no thru street. Acting Plan Director Wolff stated that late in the day staff received revised final plat however, had not had an opportunity to review plan. The street name change and comments by engineer need to be addressed before submitting to Common Council. Upon a roll call vote, Resolution #P.C. 25-99 was Adopted unanimously. RESOLUTION #P.C. 27-99 -- Approval of truck parking for Jack and Marvin Strasser located at S76 W17871 Janesville Road. (Johnny’s Petroleum - Tax Key No. 2196.975). This resolution was brought back to the floor for discussion. This item had been deferred allowing Staff time to clarify approved number of vehicles stored in fenced area. After reviewing the file, the number of vehicles in fenced area are not regulated. Alderman Salentine made a motion to amend resolution changing #1. That all vehicles awaiting service and repair are to be stored in the fenced in area. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 27-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 27-99 was Adopted unanimously. RESOLUTION #P.C. 30-99 –Approval of an Annual Conditional Use Grant Review to allow two (2) mini storage warehouses for George Alex at the property located at S98 W12682/86 Loomis Road (Tax Key No. 2257.984). This resolution was brought back to the floor for discussion. This item was deferred to allow petitioner time to clean site. After site inspection petitioner has addressed all staff concerns and will install a fence within a thirty day time period. Commissioner Hulbert made a motion to Amend resolution to add THEREFORE BE IT FURTHER RESOLVED, That a thirty (30) day window will be allowed for petitioner to install fencing and receive proper approval. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 30-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 30-99 was Adopted unanimously. RESOLUTION #P.C. 34-99 – Approval of a Mother-In-Law/Two Family Unit for the Knudsen property located at W198 S7380 Hillendale Drive (Tax Key No. 2190.994.009). – RECONSIDERATION. Commissioner Schaumberg made a motion to bring this resolution back to the floor for reconsideration. Alderman Salentine seconded. Upon a roll call vote, Resolution #P.C. 34-99 was brought back to the floor for reconsideration. Discussion ensued wherein interpretation of the common entrance of the building needs clarification. Access to 04-20-99 PC Minutes Page 3 building and stairway does comply with ordinance. Commissioner Schaumberg made a motion to amend resolution to remove the last THEREFORE BE IT RESOLVED from the resolution. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 34-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 34-99 was Adopted unanimously. CONSENT BUSINESS: *Correction RESOLUTION #P.C. 36-99 – Approval of a 120 foot high Wind Generator Tower for the Brzezinski property located at W200 S8443 Woods Road (Tax Key No. 2227.988.014). This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct a 120’ wind tower to generate electricity on a 9.7 acre parcel. Discussion ensued wherein the Wisconsin Statues 66.031 directs the regulation of solar and wind energy systems. *Under State Statue, Plan Commission may not deny or modify use of this regulation. Although adjacent neighbors opposed the installation of this tower, State Statute directs regulation in this instance. Petitioner’s representative, Attorney Schober addressed Commission confirming that the Statutes regulate approval of this type of request. Mr. Spitzner, neighbor to the north wanted clarification on the location of this tower on the property. Commissioner Smith recommends that petitioner could reduce height of tower due to consideration of neighbors. Petitioner stated he was not aware of the opposition to this tower and would consider options presented however the efficiency of structure would need to be addressed. Upon a roll call vote, Resolution #P.C. 36-99 was Adopted unanimously. RESOLUTION #P.C. 37-99 – Approval of a 20’ X 36’ Accessory Structure for the Hayden property located at S78 W18225 Lions Park Drive (Tax Key No. 2195.939.001). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner’s representative, J.D. Griffiths requested that this item be deferred until the May 4, 1999 meeting as requested by Richard Hayden. Commissioner Gummer made a motion to defer. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 37-99 was Deferred unanimously. RESOLUTION #P.C. 38-99 – Approval of a second 10’ X 12’ Accessory Structure for the Olson property located at W175 S7134 Lake Drive (Tax Key No. 2193.133). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct a second shed on a half acre parcel. There is one shed on property. The proposed shed will be twelve feet in height; a barn style and constructed of wood. This shed meets all requirements of this district. Upon a voice vote, Resolution #P.C. 38-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 39-99 --Recommendation for the Renewal of the Permit for the Conditional Use Grant #37 and the Approval for the Renewal for the Continued Operation of the Asphalt Plant on Crowbar Road for Payne and Dolan. Alderman Salentine made a motion to approve. Commissioner Gummer seconded. There was a Public Hearing for this resolution prior to the beginning of this Plan Commission meeting. Discussion ensued wherein concerns from neighbors regarding the evening trucking had been discussed at public hearing and have been stated in the Public Hearing Minutes for Payne and Dolan dated April 20, 1999. 04-20-99 PC Minutes Page 4 Petitioner has stated that they will work with neighbors to improve conditions and modify the noise levels with evening trucking. Commissioner Gummer made a motion to amend resolution to read, THEREFORE BE IT FURTHER RESOLVED, That included in the conditional use, the petitioner will self-regulate the monitoring of trucking and provide neighbors with information of contact personnel to resolve potential discrepancies. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 39-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 39-99 was Adopted unanimously. RESOLUTION #P.C. 40-99 – Approval of Conditional Use Grant for the sale and service of snowmobiles, motorcycles, personal watercraft and ATV’s at the property located at S83 W18410 Saturn Drive for Arthur Graves. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. There was a Public Hearing for this resolution prior to the beginning of this Plan Commission meeting. Petitioner proposing to operate a snowmobile and ATV dealership providing service and sales of snowmobiles, ATVs, personal watercraft, motorcycles and lawn and garden equipment. Staff has concerns with noise during service and site constraints for parking/traffic circulation for drop-off and pick-up of machines and deliveries; along with site maintenance/appearance with outdoor displays and storage. This use should be confined to a single user site. Refer to Graves Public Hearing Minutes for further discussion. Petitioner addressed Commission stating that this operation would have very low traffic. There would be two units displayed in front of building with units being stored in building overnight. Discussion ensued wherein similar uses at this location have been a problem in the past. Commission would like Staff to acquire legal advice regarding release of rights to Conditional Use once this tenant leaves the premises. Commissioner Gummer made a motion to Defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 40-99 was Deferred unanimously. RESOLUTION #P.C. 41-99 – Approval to Amend the Conditional Use Grant for Firestone Auto Service at the property located at S73 W16437 Janesville Road for Brian Maurice. (Tax Key No. 2198.948). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to operate a general service facility. The existing paint booth will be removed. A dumpster and additional landscaping will be installed. The building will be modified to contain five service bays, none of the bays will face Janesville Road. No tires will be stored outside and no automobiles will be sold on site. New red cloth canopies will be installed. Refer to Maurice Public Hearing Minutes for further discussion. Petitioner has agreed to remove legal description from principal conditional use. Upon a roll call vote, Resolution #P.C. 41-99 was Adopted unanimously. RESOLUTION #P.C. 42-99 –Approval of an Annual Review for Goodwill Industries at the property located at S75 W17301 Janesville Road. This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Site inspection of this property revealed that petitioner is in compliance with all requirements. No complaints have been submitted to the Plan Department. Upon a roll call vote, Resolution #P.C. 42-99 was Adopted unanimously. RESOLUTION #P.C. 43-99 – Approval of a five (5) lot sketch land division for the Wayne Salentine property located in the SE ¼ of Section 30. (across from Denoon Park on Kelsey Drive / Tax Key No. 2280.998). Commissioner Hulbert made a motion to approve. Commissioner Gummer seconded. Petitioner submitted three different sketches subdividing a 40 acre parcel. Petitioner proposing to create four 8.75 acre parcels and one 5 acre property. Proposing this configuration would require property to be rezoned to country estates. The other sketch submitted creates four 9.4 acre parcels and one 2.4 acre parcel which does meet 04-20-99 PC Minutes Page 5 zoning requirements. Petitioner has met with Park and Recreation Board and proposed the smaller parcel for park land in lieu of park dedication fees. Public Utilities Committee needs to determine sewer service. Wetland delineation needs to be determined. Petitioner will need perc tests and advised Commission that if he does not get all four perc tests he does not want any. Commissioner Hulbert spoke as a member of the Park and Recreation Board and advised that the Board is looking to acquire the 5 acre parcel for park land. Discussion ensued wherein there would be the possibility of deed restrictions placed on parcels to prevent future development. Mr. Salentine agreed to having the deed restrictions. Commissioner Smith made a motion to amend resolution in the second WHEREAS, The proposed land division would create five (5) lots, four with a minimum of 8.75 acres and the fifth lot with a minimum of 5 acres, and….. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 43- 99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 43-99 was Adopted unanimously. RESOLUTION #P.C. 44-99 – Recommendation of Approval of a Certified Survey Map for a two (2) lot land division for the Buechel property located in the NE ¼ of Section 9. (W175 S7171 Lake Drive / Tax Key No. 2193.998.00A). Due to potential conflict of issues, Mayor De Angelis removed himself from this item with Alderman Salentine acting as Chair for this resolution. Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Petitioner’s representative, Attorney Kronquist, requested that this item be deferred until the May 4, 1999 meeting allowing petitioner additional time to review engineer comments and take comments into consideration with petitioner’s surveyor. Commissioner Schaumberg made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 44-99 was Deferred unanimously. Mayor De Angelis did not participate in discussion or voting of this resolution. Alderman Salentine turned the Chair back to Mayor De Angelis. RESOLUTION #P.C. 45-99 -- Recommendation of Approval of a Certified Survey Map for a two (2) lot land division for the Spitzner property located in the SW ¼ of Section 17. (Tax Key No. 2227.988.013). This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Smith seconded. Petitioner proposing a two lot land division which conforms to previously approved sketch. One lot contains 120 feet of frontage along Woods Roads and the other lot would have 30 foot access strip serving over nine acres. Petitioner has received approval for the wetland crossing permit. Upon a roll call vote, Resolution #P.C. 45-99 was Adopted unanimously. At 11:05 P.M. Mayor De Angelis called for a ten minute break. At 11:15 P.M. Mayor De Angelis called the meeting back to order. RESOLUTION #P.C. 46-99 – Recommendation of Approval of a Certified Survey Map for a one (1) lot land division for the Schaumberg property located in the NE ¼ and SW ¼’s of Section 21. (Tax Key No. 2241.997). Due to potential conflict of issues, Commissioner Schaumberg removed herself from this item. Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to divide one lot from a 120 acre parcel with EA and A zoning. The proposed parcel would be in the Agricultural zoning and contain 2.75 acres and a 300 foot minimum width. The CSM indicates an access easement from a 40 foot strip along Parker Drive that extends over 600 feet to main parcel. Soil reports have been received indicating that the proposed parcel is suitable for a mound system. Upon a roll call vote, Resolution #P.C. 46-99 was Adopted unanimously. 04-20-99 PC Minutes Page 6 RESOLUTION #P.C. 47-99 – Recommendation of Approval of a Certified Survey Map for a one (1) lot land division for the Schaumberg property located in the NE ¼ and SW ¼ of Section 21. (Tax Key No. 2241.997). Due to potential conflict of issues, Commissioner Schaumberg removed herself from this item. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Petitioner proposing to divide one lot is that zoned Agricultural and would contain 2.75 acres and a 300 foot minimum width. The parcel would access off Parker Drive. Soil reports have been received indicating that the proposed parcel is suitable for a mound system. Upon a roll call vote, Resolution #P.C. 47-99 was Adopted unanimously. RESOLUTION #P.C. 48-99 – Approval of a one (1) lot sketch land division for the Schaumberg property located in the NE ¼ and SW ¼ of Section 21. (Tax Key No. 2241.997). Due to potential conflict of issues, Commissioner Schaumberg removed herself from this item. Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioner is proposing to subdivide existing 83 acre property for DNR conservancy project. The lot will have access from a 30 foot easement through smaller lot to Parker Road. Mr. Jim Jackley from the Department of Natural Resources stated that this is the beginning of a conservancy project. All parcels that the DNR will acquire will be kept as natural as possible. Alderman Salentine made a motion to amend resolution in the THEREFORE BE IT RESOLVED, That the Plan Commission approves of a plat of survey and waive the submittal requirement of a Certified Survey Map creating a one (1) lot land.…… Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 48-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 48-99 was Adopted unanimously. RESOLUTION #P.C. 49-99 – Approval of a two (2) lot sketch land division for the Lang property located in the NE ¼ and NW ¼ of Section 28. (Tax Key No. 2270.999). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to divide two parcels one being 36 acres and the other 101 acres. The smaller lot will have frontage along Parker Road and the larger lot will have access from a 33 foot easement through the smaller lot to Parker Road. The larger lot will be purchased by the DNR for conservancy project. Commissioner Hulbert made a motion to amend resolution in the THEREFORE BE IT RESOLVED, That the Plan Commission approves of a plat of survey and waive the submittal requirement of a Certified Survey Map creating a two (2) lot land.…… Upon a voice vote, Resolution #P.C. 49-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 49-99 was Adopted unanimously. MISCELLANEOUS BUSINESS: None ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 11:38 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