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PC MIN 04-18-2000 AMENDED* CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday April 18, 2000 Mayor De Angelis called the meeting to order at 8:53 p.m. PRESENT: Mayor De Angelis, Alderman Chiaverotti, Commissioners Hulbert, Schaumberg, Brodel, Smith, Gummer, Assistant Plan Director Wolff and Recording Secretary Asti. Secretary Asti reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Commissioner Gummer made a motion to approve the minutes of the April 4, 2000, meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION: RESOLUTION #P.C. 77-2000 – Approval of a Business Site and Operation Plan for the Muskego Volunteer Fire Company located in the SE ¼ of Section 29 (Tax Key No. 2276.999.004 / W195 S10030 Racine Avenue). This resolution was brought back to the floor for consideration. Petitioner has submitted revised stormwater management and photometric plans that have been submitted to City engineering consultants for review. Landscaping has been improved and is sufficient. Building and parking have been relocated on site to conform to setback and offset requirements. Building elevations have been addressed to illustrate roof line variations. Petitioner’s representative, Mr. Bill Matthews, Anderson Ashton, Inc., stated that the current facility is no longer functional to serve the Muskego residents. The revised submittals focus on good esthetics. Colors will be earth tones similar to Fire Station #1on Janesville Road. Accent bands will be a deeper contrasting color. Lengthy discussion ensued wherein members of the Commission feel that the overall building design is acceptable however, would like to see stronger architectural elements, more windows or glass at higher levels of the building, arches over doorways, and greater ornamentation. Commission members request that color renderings be submitted prior to final approvals. Staff recommends approval of Resolution #P.C. 77- 2000 with amendments proposed in “version A”. Commissioner Smith made a motion to amend “version A” resolution in the first THEREFORE BE IT RESOLVED, That the Plan Commission……and revised April 11, 2000 exclusive of final elevations by Muskego Volunteer Fire Company… Add BE IT FURTHER RESOLVED, that final approval of building elevations are required to appear before the Plan Commission. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 77-A-2000 was PLAN COMMISSION MINUTES, Continued April 18, 2000 Amended. Upon a roll call vote, Amended Resolution #P.C. 77-A-2000 was Adopted unanimously. RESOLUTION #P.C. 80-2000 -- Approval of a Business Site and Operation Plan for Arby’s restaurant, Cooley & Associates, LLC petitioner, located in the NW ¼ of Section 10 (Tax Key No. 2198.984.006 / S73 W16770 Janesville Road). This resolution was brought back to the floor for consideration. This item was deferred pending modifications to architecture and site features. Amendments are proposed in version A of Resolution #P.C. 80-2000. The dryvit has been removed and replaced with cedar fascia board, painted off- white. Red building treatments have been replaced with burgundy. The awnings are not proposed to be back-lit. Roof line has been extended and rear elevation has been slightly upgraded from first submittal. Brick dumpster enclosure proposed to match building. Drive thru menu board and ordering system have been relocated. Signage not proposed at this time. Landscaping has been upgraded to include variety of salt resistant species. Commissioner Hulbert made a motion to amend resolution adding THEREFORE BE IT FURTHER RESOLVED, That a one year review be conducted regarding operation of the external ordering *intercom system. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 80-2000 was Amended unanimously. Commissioner Hulbert twice amended resolution stating, THEREFORE BE IT FURTHER RESOLVED, To include changes as reflected in Resolution #P.C. 80-A-2000. Commissioner Gummer seconded. Upon a voice vote, Amended Resolution #P.C. 80-A-2000 was Twice Amended unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL 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 and deferred from previous Plan Commission meeting. Commissioner Gummer made a motion to defer. Commissioner Brodel 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 and deferred from previous Plan Commission meeting. Commissioner Gummer made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 138-99 was Deferred unanimously. RESOLUTION #P.C. 026-2000 -- Approval of a ten lot sketch Preliminary Plat for the Rosewood Estates Addition No. 1 for Rosewood Estates Corporation, located in the NE ¼ and NW ¼ of Section 11 (Tax Key No. 2202.994). This resolution was read by title only and deferred from previous Plan Commission meeting. Commissioner Gummer made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 026-2000 was Deferred unanimously. PAGE 2 PLAN COMMISSION MINUTES, Continued April 18, 2000 RESOLUTION #P.C. 48-2000 -- Approval of a three lot Certified Survey Map for the Sayer property located in the NW ¼ of Section 16 (Tax Key No. 2222.997 / W180 S8088 Pioneer Drive). This resolution was read by title only, and brought back to the floor for consideration. Petitioner employed Murn Environmental to conduct wetland delineation. Murn concluded that existing indicators of wetland presence, however, were not predominant enough to classify any of this area as wetland, as defined by 1987 US Army Corp of Engineers delineation manual. Resolution requires wetland delineation be done by SEWRPC or its designee. City Engineer has sent correspondence to SEWRPC requesting approval of Murn Environmental findings. Commissioner Hulbert made a motion to amend resolution adding, THEREFORE BE IT FURTHER RESOLVED, That approval is granted subject to the wetland findings approved by the jurisdictional regulating agency and the grading plan is approved by the City Engineer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 48-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 48-2000 was Adopted unanimously CONSENT BUSINESS: RESOLUTION #P.C. 81-2000 – Approval of an annual review for a seasonal fireworks sales stand for Lynn Sorce at Muskego Centre in the SE ¼ of Section 8 (Tax Key No. 2192.973 / W189 S7847 Racine Avenue). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Assistant Plan Director Wolff stated that another condition be added to the resolution requiring petitioner to obtain a Transient Merchants License. Commissioner Schaumberg made a motion to amend resolution adding in the THEREFORE BE IT RESOLVED: 5. Petitioner obtain a Transient Merchants License from the Clerk- Treasurer’s office. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 81-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 81-2000 was Adopted unanimously. RESOLUTION #P.C. 82-2000 – Approval of a 24’ x 34’ accessory structure for the Vidmar property located in the NW ¼ of Section 32 (Tax Key No. 2286.991 / W203 S10412 North Shore Drive). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Upon a roll call vote, Resolution #P.C. 82-2000 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 83-2000 - Approval of Business Site and Operation Plan and Conditional Use Grant in accordance with Section 6.03 of the City of Muskego Zoning Ordinance for AAA Asphalt for the purpose of operating a vehicle maintenance and storage facility, located in the E 1/2 of the SE ¼ Section 30 (Tax Key No. 2280.999 / S99 W20523 Parker Drive). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. A Public Hearing for this agenda item was held prior to the regular Plan Commission Meeting. Assistant Plan Director Wolff stated that petitioner proposing approval to store business related seasonal equipment. Zoning Code permits non-agricultural indoor storage as a Conditional Use. A detailed report on vehicles to be stored should be submitted. Material Safety Data Sheets for cold patch were provided at meeting. Details regarding refuse collection and revised legal description need PAGE 3 PLAN COMMISSION MINUTES, Continued April 18, 2000 to be submitted, along with Deed Restriction limiting future land divisions. Mr. Bryon Hrin stated to the Commission that he requests deferral to address the staff comments along with all concerns heard from the Public Hearing. Consensus from the Commission is that this proposal would be utilized for more than personal storage and would instead, be used for business operation. Mr. Wayne Salentine asked Commission for direction on storing of personal vehicles under the current zoning provisions. Commissioner Brodel feels that this proposal would preserve farm land with little detriment to surrounding area. Commissioner Brodel made a motion to defer this item allowing petitioner an opportunity to restate his case to the Commission. Commissioner Smith seconded. Upon a voice vote motion fails with a 4-3 vote. Mayor De Angelis, Commissioners Smith and Brodel voting yes. Alderman Chiaverotti, Commissioners Gummer, Hulbert and Schaumberg voting No. Upon a roll call vote, Resolution #P.C. 83-2000 was Denied unanimously. RESOLUTION #P.C. 84-2000 – Determination of Use : Classification of Community Based Residential Facilities in residential and business zoning districts. Made a motion to approve. Seconded. Petitioner proposing to construct a sixteen bed Community Based Residential Facility housing elderly persons with moderate assistance. Wisconsin Statutes require facilities be permitted in residential areas. The Zoning Code does not identify these facilities are permitted by right, or by conditional use grant. The Code indicates that questions relating to classification of use be submitted to Plan Commission for determination. Two issues to be addressed are: which districts are CBRF’s permitted in; and are they permitted by right or by conditional use. Staff recommends number of residents be tied to lot size. One resident for every 5,000 square feet of lot size. Therefore, in RS-3 district a facility could accommodate four residents while in R-1, a facility could accommodate sixteen residents. Staff recommends Conditional Use Grants be required for all CBRF applications. After discussion, Commission members felt that legal opinion would be necessary regarding the specifics listed in the resolution. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 84-2000 was Deferred unanimously. RESOLUTION #P.C. 85-2000 – Recommendation of approval of rezoning from A, Agricultural, to A/OIP, Agricultural with the Institutional and Public Service Overlay District for the Addis property, located in the SW ¼ of Section 34 (Tax Key No. 2295.996 / Loomis Road). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner received conceptual rezoning from Plan Commission for this site. The request is consistent with Conditional Use Grant approved by Resolution #P.C. 51- 2000 to accommodate proposed wireless communications facility. A Public Hearing for this rezoning has been scheduled before the Common Council on April 25, 2000. Upon a roll call vote, Resolution #P.C. 85-2000 was Adopted unanimously. RESOLUTION #P.C. 86-2000 – Approval of a three lot sketch Certified Survey Map for the Krause property located in the NE ¼ of Section 25 (Tax Key No. 2257.993.002 / W125 S9603 North Cape Road). Commissioner Smith made a motion to approve. Commissioner Brodel seconded. Petitioner proposing to subdivide property into three parcels. All parcels meet district code requirements. Petitioner required to dedicate 50 feet which will be measured from centerline. All three parcels will share one driveway. County DOT will only permit one access for the three parcels. Access restrictions will be required to be placed on the final Certified Survey Map. Upon a roll call vote, Resolution #P.C. 86-2000 was Adopted unanimously. PAGE 4 PLAN COMMISSION MINUTES, Continued April 18, 2000 RESOLUTION #P.C. 87-2000 – Approval of a two lot sketch Certified Survey Map for the Brzezinski property located in the SW ¼ of Section 17 (Tax Key No. 2227.998.014 / W200 S8443 Woods Road). Commissioner Hulbert made a motion to approve. Commissioner Schaumberg seconded. Petitioner previously proposed similar land division. Plan Commission denied request due to irregular configuration. Mr. Brezezinski proposed three separate lot configurations with his submittal. Option 1: Creates two regularly shaped parcels with a minimum size of 1.78 acres. However, Parcel 1 does not have direct street frontage and is served by a 55’ wide cross- access and utility easement. Parcel 2 would have 140’ of frontage along Woods Road. Option 2: Creates two irregularly shaped parcels with a minimum size of 1.4 acres. Parcel 1 does have direct street frontage and is served by a 30’ wide flag. The Land Division Ordinance requires all created lots to have an 80’ width at the base setback line \[CH.18.42(9)\] Parcel 2 would have 110’ of frontage along Woods Road and a 5:1 width-to- depth ratio. Option 3: Creates two irregularly shaped parcels with a minimum size of 1.4 acres. Parcel 1 does have direct street frontage and is served by a 30’ wide flag. The Land Division Ordinance requires all created lots to have an 80’ width at the base setback line \[CH.18.42(9)\] Parcel 2 would have 110’ of frontage along Woods Road. However, a 30’ road reservation exists along the north property line. This does align with a 30’ wide flag on the abutting parcel, but will potentially reduce the Parcel 2 lot width to 80’. In addition, a future residence could not be constructed to meet the minimum setback from a public ROW. A minimum 100’ lot depth is required by Ordinance. A 25’ utility easement is also illustrated along the south property line. Both parcels meet minimum requirements for the zoning districts. However, the Land Division Ordinance requires minimum lot width of 80 feet at base setback line and said properties do not meet this requirement. Both parcels will have access to Woods Road. Attorney Schober, petitioner’s representative, addressed the Commission and submitted Option 4 for consideration. Option 4 illustrates on the south end of the parcel, existing drive to be abandoned and relocated to 30’ road reservation easement. Existing laterals to be abandoned when road is developed. Also depicted is temporary easement for access and utilities. On the North end of the property is a 30’ road reservation, access and utility easement. Attorney Schober stated that petitioner is not creating a flag lot, but creating a new lot. Lengthy discussion ensued wherein similar Certified Survey Maps had been approved in the past, prior to approval of the updated Land Division Ordinance. Commissioner Schaumberg made a motion to amend resolution to accept Option 4. Motion died for lack of second. Upon a roll call vote, Resolution #P.C. 87-2000 was Denied with a 6-1 vote. Commissioner Schaumberg voting Yes. MISCELLANEOUS BUSINESS: None PAGE 5 PLAN COMMISSION MINUTES, Continued April 18, 2000 ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 11:30 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 PAGE 6