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PC MIN 03-21-2000 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday March 21, 2000 Muskego Room, City Hall, W182 S8200 Racine Avenue Mayor De Angelis called the meeting to order at 7:10 p.m. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Schaumberg, Brodel, Gummer, Plan Director Turk, Assistant Plan Director Wolff and Recording Secretary Asti. ABSENT: Commissioner Smith Secretary Asti 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 March 7, 2000, meeting. Commissioner Brodel seconded. Upon a voice vote, motion to approve the minutes was approved unanimously. PRESENTATION : 2010 COMPREHENSIVE PLAN: Chairman Tom Ludwig of the Comprehensive Plan Committee presented a brief history of the Comprehensive Plan Committee. Mr. Ludwig introduced members of the Comprehensive Plan Committee: Mr. Harry Brodel, Mr. Russ Kashian, Mr. Bruce Brownell, Mr. Dan Pavelko, Mr. Scott Garland (arrived at approximately 7:25 p.m.), Alderman Sanders and Plan Director Turk. Mr. Ludwig mentioned that the Committee has received input from roundtable meetings with persons knowledgeable in each of the ten plan elements; a survey to households and neighborhood meetings. Plan Director Turk gave a presentation on the ten major plan elements that the Committee has studied. The elements being: Population Growth, Housing, Economic Development, Schools/Education, Transportation, Utilities, Parks & Recreation, Agriculture, Environment and Government. Plan Director Turk listed findings and recommendations under each of these elements. Draft copies of the Comprehensive Plan are available to the public. No action was taken by the Plan Commission as a Public Hearing is scheduled for this item on Tuesday, May 2, 2000. PLAN COMMISSION MINUTES, Continued March 21, 2000 OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION: RESOLUTION #P.C. 78-99 – Approval of a two (2) lot sketch land division for the Orville Peters property located in the SW ¼ of Section 33 (Tax Key No. 2291.997 / S107 W18677 Muskego Dam Road). This resolution was on the floor and deferred. Resolutions #P.C. 051-2000 and #P.C. 052-2000 have superseded this proposal. Upon a roll call vote, Resolution #P.C. 78-99 was Denied unanimously. RESOLUTION #P.C. 113-99 - Approval of Conditional Use Grant and Building, Site and Operation Plan for a 190 foot tall Monopole Telecommunications Tower for the Walter Group at part of the property located at S107 W18677 Muskego Dam Road (Tax Key No. 2291.997). This resolution was on the floor and deferred. Resolutions #P.C. 051-2000 and #P.C. 052-2000 have superseded this proposal. Upon a roll call vote, Resolution #P.C. 113-99 was Denied unanimously. RESOLUTION #P.C. 114-99 - Recommendation of Approval to conceptually rezone the Peters property from A, Agricultural, to A/OIP, Agricultural with the Institutional and Public Service Overlay District located in the SW ¼ of Section 33 (Tax Key No. 2291.997 / part of S107 W18677 Muskego Dam Road). This resolution was on the floor and deferred. Resolutions #P.C. 051-2000 and #P.C. 052-2000 have superseded this proposal. Upon a roll call vote, Resolution #P.C. 114-99 was Denied 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). Commissioner Hulbert made a motion to defer. Alderman Salentine 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). Commissioner Hulbert made a motion to defer. Alderman Salentine 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). Commissioner Hulbert made a motion to defer. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 026-2000 was Deferred unanimously. 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). Commissioner Hulbert made a motion to defer. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 48-2000 was Deferred unanimously. PAGE 2 PLAN COMMISSION MINUTES, Continued March 21, 2000 CONSENT BUSINESS: RESOLUTION #P.C. 53-2000 -- Approval of a 12’ X 16’ accessory structure for the Barker property located in the SE ¼ of Section 5 (Tax Key No. 2180.970.007 / S70 W19370 Wentland Drive). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 53-2000 was Adopted unanimously. RESOLUTION #P.C. 54-2000 -- Approval of an annual review for George Alex at the property Tax Key No. 2257.984 / S98 W12682/86 Loomis Road). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 54-2000 was Adopted unanimously. RESOLUTION #P.C. 55-2000 – Approval of a biennial review for Paul Ruszkiewski for a seasonal garden center 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. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 55-2000 was Adopted unanimously. RESOLUTION #P.C. 56-2000 – Approval of a four lot extraterritorial Certified Survey Map for Harold DeBack located in the SE ¼ of Section 12, Town of Norway. This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 56-2000 was Adopted unanimously. RESOLUTION #P.C. 57-2000 – Approval of a 30’ X 50’ accessory structure for the Loomis property located in the NW ¼ of Section 14 (Tax Key No. 2214.997.003 / S82 W15435 Mystic Drive). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 57-2000 was Adopted unanimously. RESOLUTION #P.C. 58-2000 – Support of Waukesha County Land Development Committee Recommendation to implement Development Review Checklists. This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 58-2000 was Adopted unanimously. RESOLUTION #P.C. 59-2000 – Determination of non-substantial change to the Champions Village OPD for Burke properties, Inc., being a relocation of the sales center to Lot 64 (Jimmy Demerit Drive). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Brodel seconded. Upon a roll call vote, Resolution #P.C. 59-2000 was Adopted unanimously. NEW BUSINESS: RESOLUTION #P.C. 51-2000 - Approval of Conditional Use Grant and Building, Site and Operation Plan for a 190 foot tall Monopole Telecommunications Tower for WFI (f.k.a the Walter Group) at part of 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. PAGE 3 PLAN COMMISSION MINUTES, Continued March 21, 2000 Alderman Salentine seconded. Petitioner proposing alternate site located south of Highway 36. This alternate site meets the criteria established by the Plan Commission. This is a reapplication of #P.C. 113-99 and exempt from wireless facilities moratorium. Staff feels that petitioner has complied with all requests by Plan Commission. Upon a roll call vote, Resolution #P.C. 51-2000 was Adopted unanimously. RESOLUTION #P.C. 52-2000 – Approval of conceptual rezoning from A, Agricultural, to A/OIP, Agricultural with the Institutional and Public Service Overlay District located in the SW ¼ of Section 34 (Tax Key No. 2295.996 / Loomis Road). Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Petitioner requesting rezoning to accommodate proposed wireless communications facility. Tower is permitted by Conditional Use Grant in the OIP District. Approval of Resolution #P.C. 51-2000 is subject to petitioner’s application for this request. Upon a roll call vote, Resolution #P.C. 52-2000 was Adopted unanimously RESOLUTION #P.C. 60 -2000 – Approval of an annual review for Erdmann Motors at the property located in the NE ¼ of Section 25 (Tax Key No. 2257.981 / S98 W12578 Loomis Road). Commissioner Gummer made a motion to approve. Commissioner Brodel seconded. Due to underground storage tanks being removed, petitioner relocated the salable and rental vehicles. Petitioner is requesting that present location of vehicles be made permanent. After site inspection, several minor violations were found. Required corrections have been included in Resolution #P.C. 60-2000. Consensus of the Plan Commission determined that relocating vehicles is a substantial change to existing Conditional Use requiring a Public Hearing. Mr. Dale Erdmann addressed the Commission regarding the violations; the banners have been displayed since 1976 and the sign has been displayed since October 23, 1993. Mayor noted that they are allowed signs, but must be relocated for safety reasons. Mr. Erdmann feels that since the vehicles have been relocated that the normal traffic flow has slowed down. Mr. Erdmann also stated that it would be quite costly to pave the area where the salable vehicles are being displayed. It is the recommendation of the Commission, that Mr. Erdmann has the option to apply for a Public Hearing to request to have the vehicles remain at the present locations or to come into compliance prior to April 4, 2000. However, consensus of Plan Commission is that any such proposal will require complete parking lot paving, drainage, and landscape plans. Upon a roll call vote, Resolution #P.C. 60-2000 was Adopted unanimously. RESOLUTION #P.C. 61 -2000 – Approval of a two lot Certified Survey Map for Carity Land Corp., located in the SE ¼ of Section 10 (Tax Key No. 2200.999 / No address assigned). Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioner proposing to subdivide parcel into two properties. All wetlands and floodplains are illustrated. Technical review by Engineer has not been completed. Area identified as Outlot 1 is part of approved preliminary plat of Quietwood Creek. Outlot 2 is not part of plat. The current owner will retain property and combine with his adjacent agricultural land. Upon a roll call vote, Resolution #P.C. 61-2000 was Adopted unanimously. RESOLUTION #P.C. 62-2000 – Approval of a two lot sketch Certified Survey Map for George Steinhaus, located in the NW ¼, NE ¼ , and SE ¼ of Section 34 (Tax Key No. 2296.998 / Loomis Road and Union Church Road). Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposes to divide property into one 39.5 acre parcel (Parcel 1) and one 25.5 acre parcel (Parcel 2). Parcel 2 does not PAGE 4 PLAN COMMISSION MINUTES, Continued March 21, 2000 meet requirements of EA zoning district. This parcel will be required to be rezoned to A - Agriculture District. Final certified survey map will require Engineering review and all information pertaining to wetlands and the existing pond including the Ordinary High Water Mark and the 100-year flood elevation. Upon a roll call vote, Resolution #P.C. 62-2000 was Adopted unanimously. RESOLUTION #P.C. 63-2000 – Approval of a two lot Certified Survey Map for Roxanne Grimmer, located in the NE ¼ of Section 5 (Tax Key No. 2177.943). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Plan Commission approved request for division in sketch form and parcels meet the requirements of the zoning district. A grading plan will need to be submitted. Engineer’s technical review has not been completed. Upon a roll call vote, Resolution #P.C. 63-2000 was Adopted unanimously. RESOLUTION #P.C. 64-2000 – Approval of Waukesha County Land Development Committee Recommendation to restrict use of Certified Survey Maps for certain land divisions. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. County has created Workgroup to address issues created by current land division and development processes. The Workgroup has recommended voluntary adoption of their minimum definition of subdivision to be applied in local municipalities land division codes. The intent is to cause larger scale residential developments to proceed as platted subdivisions. The proposed definition would infringe on the Home Rule authority granted to the City of Muskego. Upon a roll call vote, Resolution #P.C. 64-2000 was Denied unanimously. RESOLUTION #P.C. 65-2000 – Approval of a three lot Certified Survey Map for Wayne and Arlene Salentine, located in the SE ¼ of Section 30 ( part of Tax Key No. 2280.999 / Kelsey Drive - No address assigned). Commissioner Hulbert made a motion to approve. Commissioner Gummer seconded. Petitioner proposing to subdivide parcels (Resolutions #P.C. 065-2000 and #P.C. 066-2000 and #P.C. 067-2000) into nine parcels and one outlot. The outlot is in alignment with the existing park on the south side of Kelsey Drive. The outlot proposed to be used for open space and stormwater management. The proposed parcels meet the requirements of the proposed RCE zoning district. A grading plan needs to be submitted and approved by City Engineer prior to construction on any parcel. In accordance with approved plans, bike paths are required along north side of Kelsey. Construction of public improvements may be the responsibility of the subdivider. The final Certified Survey Map shall state that no future division of these properties shall occur. Mr. Wayne Salentine approached the Commission stating that he agrees to the location of the bikepath, but does not believe he should bear the construction responsibility. Mr. Salentine feels that his contribution of lands for Park should free him from park fees and other improvements. A Subdivider’s Agreement shall be executed concurrent with final Certified Survey Map approvals in order to address public utility and bike path installation requirements. Discussion ensued that the Finance Committee would make the decision regarding developer responsibilities. Upon a roll call vote, Resolution #P.C. 65-2000 was Adopted unanimously. RESOLUTION #P.C. 66-2000 – Approval of a four lot Certified Survey Map for Wayne and Arlene Salentine, located in the SE ¼ of Section 30 (part of Tax Key No. 2280.999 and Tax Key No 2280.999 / Kelsey Drive - No address assigned). This resolution was read by title only. Commissioner Brodel made a motion to approve. Alderman Salentine seconded. PAGE 5 PLAN COMMISSION MINUTES, Continued March 21, 2000 This resolution is combined with Resolutions #P.C. 65-2000 and #P.C. 67-2000. Upon a roll call vote, Resolution #P.C. 66-2000 was Adopted unanimously. RESOLUTION #P.C. 67-2000 – Approval of a three lot Certified Survey Map for Wayne and Arlene Salentine, located in the SW ¼ of Section 30 (Tax Key No. 2280.998 / Kelsey Drive - No address assigned). This resolution was read by title only. Alderman Salentine made a motion to approve. Commissioner Gummer seconded. This resolution is combined with Resolutions #P.C. 65-2000 and #P.C. 66-2000. Upon a roll call vote, Resolution #P.C. 67-2000 was Adopted unanimously. RESOLUTION #P.C. 68-2000 – Approval of a three lot Certified Survey Map for John Loughney et.al., located in the SW ¼ of Section 30 (Tax Key No. 2279.993 / Kelsey Drive - No address assigned). This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Brodel seconded. Petitioner proposing to subdivide existing parcel into five parcels (Resolutions #P.C. 68-2000 and #P.C. 69-2000). Current parcels are zoned A and are proposed to be rezoned to RCE. The proposed parcels meet requirements of the RCE district. A grading plan will need to be submitted for Engineer review. A Subdivider’s Agreement shall be executed concurrent with final Certified Survey Map approvals in order to address public utility and bike path installation requirements. Mr. John Loughney addressed Commission stating that he opposes the request that the developer is liable for installation of bike paths. Discussion ensued that the Finance Committee would make the decision regarding developer responsibilities. Upon a roll call vote, Resolution #P.C. 68-2000 was Adopted unanimously. RESOLUTION #P.C. 69-2000 – Approval of a two lot Certified Survey Map for John Loughney et.al., located in the SW ¼ of Section 30 (Tax Key No. 2279.993 / Kelsey Drive - No address assigned). This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. This resolution is combined with Resolution #P.C. 68-2000. Upon a roll call vote, Resolution #P.C. 69-2000 was Adopted unanimously. RESOLUTION #P.C. 70-2000 – Recommendation of approval of rezoning from A - Agriculture District and EA - Exclusive Agriculture District to RCE Residential County Estate District for the Salentine and Loughney properties located in the SE ¼ and SW ¼ of Section 30 (Tax Key Nos. 2279.993, 2280.998, and part of 2290.999 / Kelsey Drive). Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioners proposing land divisions (Resolutions #P.C. 65-2000, #P.C. 66-2000, #P.C. 67- 2000, #P.C. 68-2000, and #P.C. 69-2000) with request for rezoning to RCE. Plan Commission amended the 2005 Comprehensive Plan in 1999 to reflect these designations. The 2010 Comprehensive Plan recommends that, where agricultural land is subdivided for non-agricultural residential purposes, RCE zoning is recommended. A Public Hearing is scheduled before the Common Council for April 11, 2000. Upon a roll call vote, Resolution #P.C. 70-2000 was Adopted unanimously. MISCELLANEOUS BUSINESS: None PAGE 6 PLAN COMMISSION MINUTES, Continued March 21, 2000 ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 9:30 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 7