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Plan Commission Minutes -03-16-99 CITY OF MUSKEGO PLAN COMMISSION MINUTES MARCH 16, 1999 Minutes of the Plan Commission held on March 16, 1999, in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 8:00 P.M. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioner’s Smith, Schaumberg, Hulbert, Assistant Planner Wolff and Recording Secretary Asti. ABSENT: Commissioner Gummer 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 2, 1999, meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was passed unanimously. OLD BUSINESS: RESOLUTION #P.C. 186-98 – Approval of a conceptual Building, Site and Operation Plan for an Extractive Permit for Superior Emerald Park Landfill for the property located at W124 S10629 124 Street. – RECONSIDERATION. Alderman Salentine made a motion to bring this resolution back to the floor for reconsideration. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 186-98 was brought back to the floor for reconsideration. The resolution needs to reflect change in dates for plans as submitted; the number of cubic yards has changed; and the Restoration Bond needs to be added. Alderman Salentine made a motion to amend resolution in the third WHEREAS changing the estimated cubic yards from 350,000 to 377,000. In the first THEREFORE BE IT RESOLVED change the date of the plans submitted to March 5, 1999 and add in the THEREFORE BE IT FURTHER RESOLVED, That ……Plan Commission approves Restoration Plan Alternative A with a Restoration Bond in the amount of $32,180.70. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 186-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 186-98 was Adopted unanimously. RESOLUTION #P.C. 190-98 – Approval of a Conditional Use for an Extractive Permit th for Superior Emerald Park Landfills, Inc., property located at W124 S10629 124 Street. – RECONSIDERATION. Commissioner Hulbert made a motion to bring this resolution back to the floor for reconsideration. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 190-98 was brought back to the floor for reconsideration. The same 03-16-99 PC Minutes Page 2 discussion applies to this resolution as appeared in Resolution #P.C. 186-98. Commissioner Smith made a motion to amend resolution in the third WHEREAS changing the estimated cubic yards from 350,000 to 377,000. In the first THEREFORE BE IT RESOLVED, add the date of March 5, 1999 and add in the THEREFORE BE IT FURTHER RESOLVED, That ……Plan Commission approves Restoration Plan Alternative A with a Restoration Bond in the amount of $32,180.70.. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 190-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 190-98 was Adopted unanimously. 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 has not submitted revised drawings prior to March 16, 1999, Plan Commission meeting. Alderman Salentine made a motion to defer this item. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 20-99 was Deferred unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 23-99 – Approval of a 40’ X 61’ Accessory Structure for the Macht property located at Lot #7 on Twin Ponds Drive (Tax Key No. 2188.995.011). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct a 2,586 square foot accessory structure which will be 19’ 4” in height and constructed of cedar. This parcel is over 120,000 square feet and allows for the excessive height of building. Staff recommends approval of accessory structure with the construction of primary structure within twelve months. Petitioner stated that he is in the process of selling his existing home and is aware of the contingencies that construction of his new home must begin within a twelve month period or the accessory building will be required to be removed from property. Mr. Macht inquired about the possibility of receiving an extension on the twelve month contingency. The consensus of Commission was that typically no extensions are granted. Alderman Salentine made a motion to amend Resolution #P.C. 23-99 changing the address from Drive to Road in the title of the resolution; in the first WHEREAS and in the first THEREFORE BE IT RESOLVED. Add BE IT RESOLVED, That construction of primary structure must begin within a twelve month period or the accessory structure will be required to be removed. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 23-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 23-99 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 24-99 -- Recommendation of approval of the Proposed Project Plan for Tax Incremental District #8 for Parkland Mall. Made a motion to approve seconded. There was a Public Hearing held prior to this Plan Commission meeting. Alderman Salentine made a motion to approve. Commissioner Smith seconded. This item had been discussed in a Public Hearing prior to the start of the Plan Commission Meeting. The consensus of the public for first priority items to be considered was Stormwater Improvements and Street Improvements. Discussion ensued wherein street improvements would consist of curb and gutter; street lights and trees along Lannon Drive and Parkland Drive. Alderman Salentine stated that the decorative street lights and street trees should not be included in the TID where the people in her district would be assessed for these items. The Development Incentives and 03-16-99 PC Minutes Page 3 Demolition cost items should be removed. Alderman Salentine was in favor of turning lanes; stop and go lights and reconfiguring Lannon Drive to be included in the TID. Mr. Todd Weik of Ruekert & Mielke, addressed Commission regarding the expansion and dollar amounts of the Parkland Mall and Freedom Square ponds. Mr. Weik stated it was difficult to breakdown dollar amounts for the Stormwater Improvements, as he has not had sufficient time to review worksheet that someone else composed. Discussion continued with Commissioners Smith and Schaumberg stating that they felt the Demolition item should be removed from the TID and more monies put into the Stormwater and Street Improvements. The issue of having a development plan submitted was discussed during the Public Hearing and in discussion of this resolution. Debate developed as to whether the Plan Commission is a Recommendation Body or Decision Making Body in this matter. It was decided that a legal opinion needs to clarify this matter. Commissioner Hulbert made a motion to defer this item pending clarification from City Attorney. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 24-99 was Deferred unanimously. 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). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. This Final Plat conforms to the approved preliminary plat. However, petitioner has requested to maintain outbuildings on the south end of property. After Staff review, it was concluded this area was not included in the rezoning process. There will be a meeting between City of Franklin and City of Muskego at the end of this month to discuss this parcel, and the possibility of including the acreage in Franklin with the property with the outlots. Staff recommends that all comments from Waukesha County be included on plat; a note be placed on final plat stating which lots will not be permitted a “walk-out” basement; five foot “street tree” easement along all interior street lot frontage. Commissioner Hulbert made a motion to defer this item allowing Mr. & Mrs. Pipke time to react on reconsidering to repetition this property to include outbuildings. Commission Smith seconded. Upon a voice vote, Resolution #P.C. 25-99 was Deferred unanimously. RESOLUTION #P.C. 26-99 – Approval to renew permit for dog kennel for Lee Shane at the property located at S92 W19918 Henneberry Drive. (Tax Key No, 2239.999). Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Staff reported that site inspection revealed all conditions placed by previous resolutions were in compliance. No complaints have been received by Plan Department. There are no dogs on site as petitioner is in the process of selling this property. Upon a roll call vote, Resolution #P.C. 26-99 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). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. Staff reported that site inspection revealed all conditions placed by previous resolutions were in compliance. Discussion ensued wherein petitioner stated that confusion has occurred regarding the number of vehicles allowed in the fenced storage area with the approval of parking fifteen trucks. No complaints have been received by Plan Department. Commissioner Hulbert made a motion to defer Resolution #P.C. 27-99 allowing Staff to look through archive files to receive clarification on number and placement of trucks that were approved in the past. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 27-99 was Deferred unanimously. 03-16-99 PC Minutes Page 4 RESOLUTION #P.C. 28-99 – Approval to renew permit for dog kennel for Stan A. Zdanczewicz at the property located at W182 S9292 Parker Drive (Tax Key No. 2243.988). Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Staff reported that site inspection revealed numerous noncompliance issues. The violations associated with the appearance of the property are: total of 29 trailers; 4 miscellaneous vehicles; 4 vehicles; and miscellaneous junk/clutter/debris. However, there were only three (3) dogs residing on the premises. No complaints have been received by Plan Department. Staff recommends approval if complete site clean up is done within ninety (90) days. Petitioner felt that this contingency could be accomplished. However, Mr. Zdanczewicz requested to be allowed to park licensed trailers on site. Commissioner Hulbert made a motion to amend Resolution #P.C. 28-99 stating BE IT FURTHER RESOLVED, That petitioner has ninety (90) days to completely clean up site. Petitioner is allowed to park no more than four (4) licensed trailers on site. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 28-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 28-99 was Adopted unanimously. RESOLUTION #P.C. 29-99 – Approval of renewal of outdoor storage for Ralph W. Raush at the property located at S83 W18550 Saturn Drive (Lake & Country Storage - Tax Key No. 2223.003). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Staff reported that site inspection revealed general compliance with the exception of a dumpster located on the property which was not approved by Plan Commission. Staff recommends approval with the removal of pallets; remove temporary sign located in the right-of-way and screening the dumpster. No complaints have been received by Plan Department. Commissioner Hulbert made a motion to amend Resolution #P.C. 29-99 stating THEREFORE BE IT RESOVED, That all pallets and temporary sign along the right-of-way be removed. Dumpster to be properly screened. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 29-99 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 29-99 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). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. Upon site inspection, Staff reported miscellaneous materials and debris as well as concrete blocks on pallets. Staff recommends deferral to allow petitioner time to clean site. Alderman Salentine made a motion to defer Resolution #P.C. 30-99. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 30-99 was Deferred unanimously. RESOLUTION #P.C. 31-99 – Approval of review and renewal of Plan Commission permission of parking a semi-tractor trailer with trailer for John Krabbenhoft at the property located at S83 W20618 Janesville Road (Tax Key No. 2232.997). Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Staff reported that site inspection revealed all conditions placed by previous resolutions were in compliance. No complaints have been received by Plan Department. Discussion ensued wherein permits for occupancy of duplex unit on adjacent property should be issued in approximately one month. At time of issuance of occupancy permit, renewal approval will be terminated. Petitioner was informed that quantities of wood on site need to be stacked in an orderly manner. Mr. Krabbenhoft asked if he could place a fence around the wood. Suggestions were given to petitioner to get appropriate forms and zoning review from Plan Department for installing fence. Upon a roll call vote, Resolution #P.C. 31-99 was Adopted unanimously. 03-16-99 PC Minutes Page 5 RESOLUTION #P.C. 32-99 – Approval of a two (2) lot sketch 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 Smith made a motion to approve. Commissioner Schaumberg seconded. Assistant Planner Wolff gave a brief history and stated that although proposal meets district minimums, this is not an appropriate use of the land. Mr. Wolff added that prior to its establishment as a city, Muskego was a resort/sportsman town where residences around the lakes were merely cottages situated on narrow lots. The institution of the City's Zoning Code rendered many of the parcels with lake frontage legal non-conforming lots. The Lake Shore Overlay District provided the mechanism by which lots with lake frontage could remain legal conforming parcels though discounts in the underlying district requirements (minimum lot size, minimum lot width, minimum open space, setbacks, and offsets). Such a land division as proposed by the petitioner does not meet with the intent of the ordinance in preventing the overcrowding of land and to avoid the concentration of the population or the intent of the OLS District. Petitioner’s representative, Attorney Donald Murn addressed the Commission stating that he has reviewed the ordinances and this proposal conforms to zoning district and should be allowed to be divided. Discussion ensued wherein petitioner has not provided new substantial information that affects the initial decision that the proposed lots are inconsistent with the adjacent area. Upon a roll call vote, Resolution #P.C. 32-99 was Defeated unanimously. Mayor De Angelis did not participate in discussion or voting of this resolution. Alderman Salentine turned the Chair over to Mayor De Angelis. RESOLUTION #P.C. 33-99 – Recommendation of conceptual approval for amendment of existing Conditional Use for Firestone Auto Service Center at the property located at S73 W16437 Janesville Road (Tax Key No. 2198.948). Made a motion to approve seconded. Petitioner proposing to modify existing structure (United Auto Body) to operate a general vehicle service facility. The building will contain five (5) service bays. None of the bays will be facing Janesville Road. Minor alterations to entrance and windows being proposed. New cloth canopies (red) will be installed. Two building signs are proposed. Petitioner addressed the Commission stating that he would like to update the building with landscaping and green space to make the parcel more appealing. A dumpster enclosure will be added and possibly the fenced area will be removed from site. There will be no outside storage of tires on this property. Petitioner estimates that there will be approximately 12-20 cars at facility per day. A Public Hearing will be necessary to amend the existing conditional use due to the building modifications and increased customer traffic. Upon a roll call vote, Resolution #P.C. 33-99 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). Made a motion to approve seconded. Petitioner proposing to build 2,800 square foot residence with 630 square foot Mother-In-Law/Two Family Unit on the second floor. Access to the unit will be from a stairway to the residence and a stairway to garage. Staff recommends elimination of stairway from mother-in-law/two family unit to garage and include a non-lockable door to mother-in-law/two family unit from main unit. Petitioner’s representative, Terri Knudsen, addressed the Commission and read a letter from Alderman Pionek interpreting that the ordinance allows the stairway and service door to access the Mother-In-Law/Two Family Unit. Alderman Salentine made a motion to amend Resolution #P.C. 34-99 to state, THEREFORE BE IT RESOLVED, That the service door or stairway to Mother-In-Law/Two Family Unit be eliminated to achieve compliance with ordinance. 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. 03-16-99 PC Minutes Page 6 RESOLUTION #P.C. 35-99 – Recommendation of approval to rezone certain lands within the primary and secondary protection zones of Municipal Well No. 7 to include the OWP Overlay Wellhead Protection District. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Discussion ensued wherein this request was required by the Department of Natural Resources to protect water source for Well No. 7 in Muskego County Park. The City has option of adopting a Wellhead Protection Plan. Adopting and applying an overlay district would help in alerting citizens and City Staff to presence of the protection zones when reviewing properties. Upon a roll call vote, Resolution #P.C. 35-99 was Adopted unanimously. MISCELLANEOUS BUSINESS: Mayor De Angelis announced that the April 6, 1999, Plan Commission meeting will be canceled due to the election. The next scheduled Plan Commission meeting will be Tuesday, April 20, 1999. ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 10:31 P.M. Commissioner Smith 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