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PC MIN 03-07-2000 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday March 7, 2000 Muskego Room, City Hall, W182 S8200 Racine Avenue Regular Meeting to convene immediately following the last public hearing. Mayor De Angelis called the meeting to order at 7: 02 p.m. PRESENT: Mayor De Angelis, Commissioners Hulbert, Schaumberg, Brodel, Smith, Gummer, Plan Director Turk and Recording Secretary Asti. ABSENT: Alderman Salentine 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 February 15, 2000, meeting. Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION: RESOLUTION #P.C. 026-2000 -- Approval of a ten lot sketch Preliminary Plat for the Rosewood Estates Addition No. 1 Subdivision for Rosewood Estates Corporation, located in the NE ¼ and NW ¼ of Section 11 (Tax Key No. 2202.994). This resolution was on the floor and deferred. Plan Director Turk stated that staff recommends that Rosewood Drive be a through street which temporarily terminates at the west plat line. Common Council has taken action amending the Park and Open Space Plan to delete reference to a park for this location. Mr. Glenn Miller questioned this configuration as it is uncertain what will happen with the Boehm property. Commissioner Hulbert commented that if the Boehm property should be proposed to be rezoned for multi-family use, that this road’s continuance may be reconsidered. Commissioner Gummer made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 026-2000 was Deferred unanimously. PLAN COMMISSION MINUTES, Continued March 7, 2000 OLD BUSINESS SCHEDULED FOR DEFERRAL: 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). Commissioner Smith made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 78-99 was Deferred 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). Plan Director Turk stated that staff has been in contact with petitioner and progress has been made in locating an alternate site. Petitioner needs to work with property owners in the new location. Mr. Pedar Christenson, petitioner, addressed Commission that the alternate site is east of Highway 36; and that the landowner is interested in WFI’s proposal. Commissioner Smith made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 113-99 was Deferred 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). Commissioner Smith made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 114-99 was Deferred unanimously. 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 Smith made a motion to defer. Commissioner Gummer 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 Smith made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 138-99 was Deferred unanimously. CONSENT BUSINESS: RESOLUTION #P.C. 37-2000 - Approval of a 12’ X 16’ accessory structure for the Weber property located at W179 S6768 Muskego Drive (Tax Key No. 2174.886 / NW ¼ of Section 4). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 37-2000 was Adopted unanimously. PAGE 2 PLAN COMMISSION MINUTES, Continued March 7, 2000 RESOLUTION #P.C. 38-2000 - Approval of a 20’ x 24’ accessory structure for the Glapinski property located at S72 W17415 Schubring Drive (Tax Key No. 2193.987 / NE ¼ of Section 9). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 38-2000 was Adopted unanimously. RESOLUTION #P.C. 39-2000 - Approval of a twelve lot extraterritorial Preliminary Plat of Lilac Meadows for Malchine Farms Inc., located in the NE ¼ of Section 8, Town of Norway. This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 39- 2000 was Adopted unanimously. RESOLUTION #P.C. 40-2000 - Approval of a 21’ x 50’ accessory structure for the Keske property located at W203 S10478 North Shore Drive (Tax Key No. 2286.98 / NW ¼ of Section 32). This resolution was read by title only. Commissioner Gummer made a motion to approve. Commissioner Brodel seconded. Plan Director Turk stated that petitioner submitted additional information changing the roof materials from metal to asphalt shingles and including overhangs. Resolution #P.C. 040A-2000 has included the amended changes to this proposal. Upon a roll call vote, Amended Resolution #P.C. 40A- 2000 was Adopted unanimously. NEW BUSINESS RESOLUTION #P.C. 41-2000 - Approval of conceptual rezoning to OPD Planned Development Overlay District and approval of a Preliminary Plat of Sarah Estates for W&F LLC, located in the NW ¼ of Section 15 (Part of Tax Key No. 2218.990 / Woods Road). Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Plan Director Turk informed Commission that this preliminary plat consists of 26 lots with an outlot south of Woods Road. The outlot is intended to be utilized for stormwater management purposes. Commissioners Gummer and Brodel expressed concern that location of outlot defeats the open space intent of the Planned Development District. Commissioner Hulbert requested that the bike path be placed on the plat to inform residents of the bike path location. Commissioner Smith made a motion to amend resolution in the sixth WHEREAS, eliminating all words after “development.”. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 41-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 41-2000 was Adopted with a 5-1 vote. Commissioner Gummer voting No. RESOLUTION #P.C. 42-2000 - Approval of an annual review for Goodwill Industries at the property located at S75 W17301 Janesville Road (Tax Key No. 2196.032). Commissioner Hulbert made a motion to approve. Commissioner Brodel seconded. Plan Director Turk stated that a site inspection revealed petitioner is in compliance with terms of approval. Commissioner Smith made a motion to amend resolution in the first BE IT FURTHER RESOLVED, That the petitioner……..scheduled for March of 2001, and Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 42-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 42-2000 was Adopted unanimously. PAGE 3 PLAN COMMISSION MINUTES, Continued March 7, 2000 RESOLUTION #P.C. 43-2000 - Approval of a four lot sketch land division of the DeBack property located in the SW ¼ of Section 32 (part of Tax Key No. 2287.998.004 / Muskego Dam Road). Commissioner Brodel made a motion to approve. Commissioner Hulbert seconded. Discussion ensued wherein the properties should be platted to the meander line rather than the center of the lake. Deed restrictions placed on parcels preventing future divisions of these parcels. A determination of navigability has been requested by the City Engineer. Public access must be maintained and shown on the final certified survey map. Mr. DeBack questioned the public access request; inquiring whether this is a State requirement. Commissioner Hulbert made a motion to amend resolution to add, THEREFORE BE IT FURTHER RESOLVED, That deed restrictions be placed on parcels to prohibit future re-division of the parcels. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 43-2000 was Amended with a 4-2 vote. Commissioners Schaumberg and Brodel voting No. Upon a roll call vote, Amended Resolution #P.C. 43-2000 was Adopted unanimously. RESOLUTION #P.C. 44-2000 - Approval of renewal of outdoor storage for Ralph W. Raush at the property located at S83 W18550 Saturn Drive (Tax Key No. 2223.003 / Lake & Country Storage). Commissioner Hulbert made a motion to approve. Commissioner Schaumberg seconded. Plan Director Turk stated that a site inspection revealed an RV exceeding height limitations parked in storage area. Otherwise, petitioner is in compliance with approval conditions. Petitioner informed staff that the RV will be removed from the premises. Upon a roll call vote, Resolution #P.C. 44-2000 was Adopted unanimously. RESOLUTION #P.C. 45-2000 - 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 Gummer seconded. On site inspection did reveal site violations which petitioner has agreed to clear up. Upon a roll call vote, Resolution #P.C. 45-2000 was Adopted unanimously. RESOLUTION #P.C. 46-2000 - Approval of truck parking for Jack and Marvin Strasser at the property located at S76 W17871 Janesville Road (Tax Key No. 2196.975 / Johnny’s Petroleum). Commissioner Brodel made a motion to approve. Commissioner Hulbert seconded. On site inspection found petitioner to be in compliance with approval conditions. Upon a roll call vote, Resolution #P.C. 46-2000 was Adopted unanimously. RESOLUTION #P.C. 47-2000 Recommendation of approval to renew permit for dog kennel for Paws Inn at the property located at S92 W19918 Henneberry Drive (Tax Key No. 2239.999). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. On site inspection found petitioner to be in compliance with conditions of approval. Upon a roll call vote, Resolution #P.C. 47-2000 was Adopted 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 approve. Commissioner Gummer seconded. Petitioner has requested deferral until final delineation is performed by SEWRPC. Commissioner Hulbert made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 48-2000 was Deferred unanimously. PAGE 4 PLAN COMMISSION MINUTES, Continued March 7, 2000 RESOLUTION #P.C. 49-2000 -- Approval of a two lot Certified Survey Map for the Burkart property located in the NE ¼ of Section 31 (Tax Key No. 2281.982 and Tax Key No. 2281.983 / S106 W20745 North Shore Drive and S106 W20741 North Shore Drive). Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Plan Director Turk stated that petitioner owns both properties and proposes to adjust the lot lines between the properties. The Land Division Ordinance exempts this lot line adjustment from Municipal jurisdiction. The proposed redivision increases the conformity of lots and structures. Attorney Michelle Martin, representative for petitioner, addressed Commission noting that this request will make for a clean record and bring parcels into compliance. Attorney Martin stated that petitioner does have the option to do a metes and bounds division on this property but prefers to do a certified survey map. Mr. Ray Christenson, President of the Lake Denoon Advancement Association, addressed Commission noting that approval of this type of land division will destroy the aesthetics of this area. Another concern is the line of sight when the new structure will be built on the parcel closest to the lake. Mr. Michael Corcoran, resides on North Shore Drive, pointed out that in his opinion, this division is not a sale or exchange of parcels of land owners of adjoining property. Mr. Corcoran feels that due to the fact that Mr. Burkart owns both parcels, the exemption does not apply to this situation. Upon a roll call vote, Resolution #P.C. 49-2000 Fails for lack of majority vote. Mayor De Angelis, Commissioners Smith and Hulbert voting Yes. Commissioners Gummer, Brodel and Schaumberg voting No. This item will go to Common Council with a negative action. RESOLUTION #P.C. 50-2000 - Approval of a fifty-one lot sketch Preliminary Plat for the Candlewood Creek Subdivision located in the northeast corner of Woods Road and Durham. Commissioner Brodel made a motion to approve. Commissioner Gummer seconded. Plan Director Turk stated that Resolution #P.C. 50A-2000 has been submitted with amended changes to clarify resolution. This development is for the parcel east of the creek. This proposal will connect to development to the west and ultimately with Quietwood Creek. The ingress/egress will align with existing Kathryn Drive to the south and future Moorland road and Durham Drive to the east. All wetlands must be delineated by SEWRPC. The bike path should be indicated for the west side of Moorland extension and north side of Woods Road. Petitioner, Mr. Jim Doering from Towne Realty, addressed Commission correcting the number of lots proposed. Resolution should state 52 lots. Commissioner Hulbert made a motion to amend resolution to change the lot number to 52 and record changes in Resolution #P.C. 50A-2000 to Resolution #P.C. 50-2000. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 50-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 50-2000 was Adopted unanimously. MISCELLANEOUS BUSINESS: None PAGE 5 PLAN COMMISSION MINUTES, Continued March 7, 2000 ADJOURNMENT: Commissioner Hulbert made a motion to adjourn at 8:55 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