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PC MIN 01-04-2000 CITY OF MUSKEGO CORRECTED* PLAN COMMISSION MINUTES January 4, 2000 7:00 P.M. Regular Meeting in the Muskego Room, City Hall, W182 S8200 Racine Avenue. Mayor De Angelis called the meeting to order at 7:01 p.m. PRESENT: Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Schaumberg, Brodel, Gummer, Plan Director Turk and Recording Secretary Asti. ABSENT: Commissioner Smith Secretary Asti 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 December 7, 1999, meeting. Commissioner Brodel seconded. Upon a voice vote, motion to approve the minutes was approved unanimously. Prior to beginning the Plan Commission meeting, Mayor De Angelis stated to the audience there will not be a public hearing on the Jewel-Osco item on the agenda. The discussion will pertain to the building, site and operation plan under Old Business. This item is recommended to be deferred as all submittals have not been received. The rezoning will appear before the Common Council some time in the Spring of this year. *The Common Council may decide to hold another public hearing due to the fact that the original Public Hearing was held over one year ago. 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 brought to the floor for discussion. This resolution is connected with Resolution #P.C. 113-99. Commissioner Hulbert made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 78a-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). This resolution was brought to the floor for discussion. Report from City’s telecommunications consultants, Evans and Associates, stated that alternative sites utilizing existing towers are not available. WEPCO has rejected colocation of their towers. Consultants recommend approval of tower site and proposed 190 foot tall monopole subject to: 1) design constructed to support at least four other colocators between heights of 130 and 180 feet. 2) screening of equipment shelters. 3) reservation of easement at PLAN COMMISSION MINUTES, Continued January 4, 2000 radius equal to 40% of tower height for painting, hardware and ice fall. State and Federal approvals are a requirement of approval. Mr. Pedar Christenson, Walter Group, stated that in order to stay within the 1 ½ kilometer radius the proposed site is the most favorable area. WEPCO is out of the question. Petitioner has also looked at silos in the area, however, the silos are only 80 feet in height. Mr. Christenson stated he was unsuccessful when reviewing locations to the north, east, south and west. Mr. Brian Kramer, W188 S10751 Muskego Dam Road, addressed Commission opposing the proposed location stating this facility would be an eye sore, has safety issues, and has environmental issues. Mr. Michael, Kuwitzky, W188 S10793 Kelsey Drive, addressed the Commission objecting to this proposal. Mr. Kuwitzky feels that the Walter Group has not investigated or contacted residents of other areas, such as Mr. John Ludwig who resides on Highway 36. Ms. Tammy Ryan a wildlife biologist from a National Resource Agency requested Commission to consider that the proposed area will cause serious concerns to migratory birds. Ms. Ryan handed out literature containing information on the hazards of towers to migratory birds. Commissioner Hulbert made a motion to defer this item to allow petitioner to investigate other sites that would be less intrusive. Alderman Salentine 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). This resolution was brought to the floor for discussion. This resolution is connected with the two previous resolutions. Commissioner Schaumberg made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 114-99 was Deferred unanimously. RESOLUTION #P.C. 132-99 - Recommendation of Approval of a Building Site and Operations Plan for Phase 1 of the “Dreamland” OPD Planned Development District, for Jewel / Osco - American Stores Properties, Inc., by Dreamland Investors LLC, located in the SW ¼ of Section 2 and the SE ¼ of Section 3. (Tax Key No. 2167.995 and 2172.999). This resolution was brought to the floor for discussion. Mayor De Angelis stated that there would not be a public hearing on this resolution. Discussion will pertain to the building, site and operation plan item was deferred from December 7 meeting pending receipt of certified survey map, site plan reconfiguration addressing Waukesha County’s requirement, sign plan, revised landscape plans, photometrics and revised traffic study. All items have been received except revisions to the sign plan, photometrics, and receipt of Waukesha County approval for access permits. Alderman Salentine made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 132-99 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). This resolution was brought to the floor for discussion. Commissioner Brodel made a motion to defer this item until the first meeting in February allowing petitioner to receive correspondence from National School Bus. Commissioner PAGE 2 PLAN COMMISSION MINUTES, Continued January 4, 2000 Hulbert 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 brought to the floor for discussion. City’s telecommunications consultant recommends petitioner attempt to negotiate replacement of existing tower with National School Bus. This approach would minimize the proliferation of communication towers in the Tess Corners area. If negotiations fail, the consultant recommends the MW Marine site as an alternative. Deferral recommended pending receipt of formal correspondence from National School Bus. Attorney Jim Gormley, Foley & Lardner, understood and agreed with the reason for deferral. Attorney Gormley handed out comparison pictures of the existing 150’ tower with two colocators and the proposed 180’ tower with five colocators. Discussion ensued wherein a suggestion was made to have the pictures resubmitted having the towers shown side by side in same perspective and on the same size sheet of paper to show a more exact comparison. Commissioner Brodel made a motion to defer this item until the first meeting in February allowing petitioner to receive correspondence from National School Bus. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 138-99 was Deferred unanimously. RESOLUTION #P.C. 141-99 - Recommendation for approval to rezone a property located on Loomis Drive from RSE, Suburban Estate and A, Agriculture Districts to B-4 Highway Business District, for property located in the SE ¼ of Section 25 (Tax Key No. 2260.992 / Loomis Drive). This resolution was brought to the floor for discussion. Public Hearing was held December 14, 1999, wherein a protest petition signed by 31 Durham Hill residents was submitted to members of the Common Council. Correspondence in favor of this proposal was received by one resident. Ms. Karen Pinkowski wished to address some of the concerns presented by the neighbors at the public hearing held in December, 1999. Pinky Electric has standard vehicles not oversized vans, noise from the garage doors would have been equal to a garage door opener, the petitioner has been at their present location for fourteen years with no complaints from neighbors, lighting would have been typical of a residential area, the sign would have been nonilluminated and there would have been no outdoor storage. Ms. Pinkowski thanked all the Durham Hill residents for their comments and regretted that Pinky Electric would not have the opportunity to locate in this area. Ms. Pinkowski asked the Commission to remove this item from the agenda. Commissioner Gummer made a motion to deny without prejudice. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 141-99 was Denied without Prejudice unanimously. RESOLUTION #P.C. 151-99 -- Recommendation of Approval of a Final Plat for the Rosewood Estates Subdivision for Rosewood Estates Corporation, located in the NE ¼ and NW ¼ of Section 11. (Tax Key No. 2202.994). This resolution was brought to the floor for discussion. The final plat substantially conforms to the approved preliminary plat. The large outlot has been divided into three outlots for possible future park, stormwater, and reservation for future Moorland Road right-of-way. Residential lot fronted onto Durham Drive has been replaced with an outlot intended for stormwater management purposes. The face of final plat notes maintenance responsibilities. The final plat also illustrates alignment of Moorland Road to south of plat boundary. The Public Works and Public Utilities Committees have approved submittals. Prior to building permits being issued, PAGE 3 PLAN COMMISSION MINUTES, Continued January 4, 2000 street tree and landscape plans need to be reviewed. Upon a roll call vote, Resolution #P.C. 151-99 was Adopted unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 112-99 - Approval of Business Site and Operation (BSO) Plan and Conditional Use Grant for a Gasoline Service Station and Convenience Store for the O’Malley Investments, Inc. parcel located at the Northeast corner of STH 45 and STH 36 in the NE ¼ of Section 25. (Tax Key Nos. 2257.978.004 and 2257.997 and part of adjacent WEPCO right-of-way). This resolution on the floor and deferred from previous Plan Commission meeting. Deferral recommended pending receipt of County Highway access permit approval and the line of sight issue. Commissioner Gummer made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 112-99 was Deferred unanimously. RESOLUTION #P.C. 139-99 - Approval of a Conditional Use Grant and Business, Site and Operations Plan for Bryon Hrin / AAA Asphalt Sealing for the purpose of operating a vehicle storage and maintenance facility on property located in the SW ¼ of Section 25 (Tax Key No. 2259.994 / Loomis Road). This resolution on the floor and deferred from previous Plan Commission meeting. Commissioner Gummer made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 139-99 was Deferred unanimously. CONSENT BUSINESS RESOLUTION #P.C. 001-2000 - Approval of a 24’ x 30’ Accessory Structure for the Pallen property located in the NE ¼ of Section 5 (Tax Key No. 2177.939.004 / W192 S6544 Hillendale Drive). This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Upon a roll call vote, Resolution #P.C. 001-2000 was Adopted unanimously. RESOLUTION #P.C. 002-2000 - Approval of a one lot Extraterritorial Certified Survey Map for the Wrecza property located in the NW ¼ of Section 18, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Upon a roll call vote, Resolution #P.C. 002-2000 was Adopted unanimously. RESOLUTION #P.C. 003-2000 - Approval of a four lot Extraterritorial Certified Survey Map for the Halverson property located in the SW ¼ of Section 9, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Upon a roll call vote, Resolution #P.C. 003-2000 was Adopted unanimously. RESOLUTION #P.C. 004-2000 - Approval of a three lot Extraterritorial Certified Survey Map for the Halverson property located in the SW ¼ of Section 9, Town of Norway. This resolution was read by title only. Commissioner Gummer made a motion to approve. Alderman Salentine seconded. Upon a roll call vote, Resolution #P.C. 004-2000 was Adopted unanimously. PAGE 4 PLAN COMMISSION MINUTES, Continued January 4, 2000 NEW BUSINESS RESOLUTION #P.C. 005-2000 -- Recommendation of approval of RS-3 / OPD zoning and recommendation of approval of the Final Plat for the Champions Village Addition No. 3 of Country Club Villages for the Villages at Muskego Lakes Partnership, located in the NE ¼ of Section 25 (Tax Key No. 2257.997 / no address assigned). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. This is the fourth and final phase of the Champions Village subdivision. The final plat conforms to the approved preliminary plat. Parcels conform to the requirements of the zoning district. Street tree and landscape plans have not been submitted but are required to be approved by Plan Commission prior to issuance of building permits. Commissioner Brodel made a motion to amend resolution to add THEREFORE BE IT FURTHER RESOLVED, That Plan Commission recommends the RS-3 / OPD, Suburban Residence / Planned Development, Zoning to Common Council. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 005-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 005-2000 was Adopted unanimously. RESOLUTION #P.C. 006-2000 -- Approval of a one lot Certified Survey Map for the Schweitzer property located in the NE ¼ of Section 13 (Tax Key No. 2209.999 / W124 S7975 North Cape Road). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to divide a 10 acre parcel from a 68 acre parcel. The requirements for this zoning district are met. City Engineer’s review is pending. Upon a roll call vote, Resolution #P.C. 006-2000 was Adopted unanimously. RESOLUTION #P.C. 007-2000 -- Approval of a one lot Certified Survey Map for the DeBack property located in the SW ¼ of Section 32 (Tax Key No. 2287.999.001 / Racine Avenue). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Parcel meets the requirements of the zoning district. Petitioner required to submit grading and drainage plans. Upon a roll call vote, Resolution #P.C. 007-2000 was Adopted unanimously. RESOLUTION #P.C. 008-2000 -- Approval of a two lot sketch certified survey map for the “Dreamland” OPD Planned Development District, for Jewel / Osco - American Stores Properties, Inc., by Dreamland Investors LLC, located in the SW ¼ of Section 2 and the SE ¼ of Section 3. (Tax Key No. 2167.995 and 2172.999). Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing two parcels. Lot 1 would be for development of 150 units of multiple family senior housing and Lot 2 for retail development. Lots 1 and 2 have cross-access easements from Janesville Road and Moorland Road. Preservation easements are illustrated for part of Lot 1 along with stormwater management easement. Designated buffer zone should be placed on the certified survey map as an easement for the east side of property. Commissioner Hulbert made a motion to amend resolution to add THEREFORE BE IT FURTHER RESOLVED, That this sketch certified survey map is granted in concept only pursuant to Resolution #P.C. 53-98. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 008-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 008-2000 was Adopted unanimously. RESOLUTION #P.C. 009-2000 – Approval of a wall sign which varies from the requirements of the approved sign plan for the Muskego Centre planned development, for Char’s Hallmark Gold Crown, located in the SE ¼ of Section 8 (Tax Key No. 2192.970 / PAGE 5 PLAN COMMISSION MINUTES, Continued January 4, 2000 W189 S7793 Racine Avenue). Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded. The proposed sign meets the area requirements except for the letter height and illumination color and gauge of aluminum used for the returns. All signage is required to use red neon tubing at night. Petitioner addressed Commission referring to the January 28, 1999 letter from Bob Jeppson, Market Development Manager from Hallmark. Mr. Jeppson’s letter states that the petitioner must adhere to Hallmark’s Gold Crown policy. Mr. Swenson, petitioner, stated that in order to have the Gold Crown store, Hallmark will not allow the red tubing on their trademark. Discussion ensued wherein the Commission felt that all the stores in this area must remain uniform. Commissioner Hulbert made a motion to amend resolution to read THEREFORE BE IT FURTHER RESOLED, That the sign is approved subject to use of 13 mm red neon tubing in place of petitioner’s request for white illumination/tubing. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 009-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 009-2000 was Adopted unanimously. RESOLUTION #P.C. 010-2000 -- Approval of a three lot sketch certified survey map for the Duklas property, located in the NW ¼ of Section 12 (Tax Key No. 2206.998.031). Commissioner Schaumberg made a motion to approve. Alderman Salentine seconded. The proposed parcels conform to the requirements of the zoning district and the 2005 Comprehensive Plan. The City Engineer is reviewing the wetland and floodplain boundaries in conjunction with grading plans for parcels. Upon a roll call vote, Resolution #P.C. 010-2000 was Adopted unanimously. At 9:17 p.m. Mayor De Angelis called for a five minute recess. At 9:24 p.m. Mayor De Angelis called the meeting back to order. RESOLUTION #P.C. 011-2000 -- Approval of a conceptual Business, Site and Operation Plan and Conditional Use Permit to operate Kingdom Care Day Care Center at the property located in the SE ¼ of Section 9 (S75 W17461 Janesville Road / Tax Key No. 2196.957). Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Plan Commission has the discretion of approving a Conditional Use in the B-3 District. This property is required to follow the requirements of the Downtown Design Guide. The petitioner informed Commission that the State has inspected and preliminarily approved of the facility. Petitioner will receive exact number of children allowed in this facility after approval, however there would be maximum of 40 children allowed. Upon a roll call vote, Resolution #P.C. 011-2000 was Adopted unanimously. RESOLUTION #P.C. 012-2000 -- Determination of no expansion of non-conforming use and approval of Building, Site and Operation Plan for a hair salon at a property located in the SE ¼ of Section 5 formerly known as Changes Pub & Grille (W194 S7060 Hillendale Drive / Tax Key No. 2180.971). Mayor De Angelis stated that petitioner requested that this item be removed from the agenda. RESOLUTION #P.C. 013-2000 – Recommendation of approval of a petition to rezone properties located at the southwest corner of Racine Avenue and Janesville Road from RS- 2 / OOS Suburban Residence with Office and Special Service Overlay to B-2 local Service Center district, located in the NE ¼ of Section 17 and the NW ¼ of Section 16, for Redmond Construction (Tax Key Nos. 2222.984.002, 2225.987, 2225.988, 2225.989, and PAGE 6 PLAN COMMISSION MINUTES, Continued January 4, 2000 2225.990 / W187 S7959 Racine Avenue, S79 W 18905 Janesville Road, S79 W18881 Janesville Road, S79 W18841 Janesville Road, and S79 W18863 Janesville Road). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded. The purpose of this petition is to consolidate vacant portion of Culvers, and remaining parcels at the southwest corner of Janesville Road and Racine Avenue into one development site for Walgreens and a possible financial institution. Representative from Redmond Construction stated that the proposed Walgreens would not replace the existing Walgreens Store. Commissioner Gummer made a motion to amend resolution to add, THEREFORE BE IT FURTHER RESOLVED, That Common Council defer final approval of the rezoning request until Plan Commission has approved Building, Site and Operation Plan. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 013-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 013-2000 was Adopted unanimously. RESOLUTION #P.C. 014-2000 -- Adoption of the Durham Hill Design Guide relating to development standards for properties located in the NE 1/4 and SE ¼ of Section 25, as recommended by the Mayors Task Force on Economic Development on September 9, 1998. Commissioner Hulbert made a motion to approve. Commissioner Gummer seconded. The Design Guide follows the same format as previously approved guides. To provide flexibility in design, requirements of the Durham Hill Design Guide may be waived upon five affirmative votes of the Plan Commission. Upon a roll call vote, Resolution #P.C. 014-2000 was Adopted unanimously. RESOLUTION #P.C. 015-2000 -- Recommendation of approval of timetable for repealing Sections 18.23(1), 18.23(2), and 18.23(4) of the Land Division Ordinance relating to the grant of Legal Lot Status, as forwarded for review by the Committee of the Whole on December 6, 1999. Alderman Salentine made a motion to approve. Commissioner Gummer seconded. The Public Service Committee requested plan staff to evaluate local ordinances. In December, 1999, Public Services Committee recommended to the Committee of the Whole, that the Land Division Ordinance be amended to add specific criteria when reviewing Legal Lot Status. Committee of the Whole requested plan staff to prepare timetable for repealing Legal Lot Status with a two year sunset, plus timetable for public notification and individual contact with affected property owners. This request should be presented in Ordinance form at the January 12, 2000 Committee of the Whole meeting. Plan Director Turk presented the timetable that would begin January 21, 2000 and end February 22, 2002. Upon a roll call vote, Resolution #P.C. 015-2000 was Adopted unanimously. RESOLUTION #P.C. 016-2000 -- Recommendation of amendment to Section 18.42(4) of the Land Division Ordinance relating to requirements for subdividing parcels in the OLS Lakeshore Overlay and OED Existing Development Overlay zoning districts, as recommended by the Public Services Committee on December 6, 1999. Commissioner Gummer made a motion to approve. Commissioner Hulbert seconded. Plan Director Turk recommends to amend the Land Division Ordinance to require all land divisions proposed after the date of adoption of Code amendment, which are OLS or OED overlay districts to adhere to area and width requirements of the underlying zoning district. This change would match the Comprehensive Plan. Staff feels this would keep existing residences in conformance while newer developments would need to change. Commissioner Brodel would like to see more flexibility. Restrict one of the three requirements and be considered on an individual basis. Upon a roll call vote, Resolution #P.C. 016-2000 was Adopted with a 4-2 vote. Commissioners Brodel and Schaumberg voting No. PAGE 7 PLAN COMMISSION MINUTES, Continued January 4, 2000 RESOLUTION #P.C. 017-2000 – Approval of an amendment to the Business Site and Operations Plan for a property located in the SE ¼ of Section 17, for Jack Santoro (Tax Key No. 2228.999.006 / S83 W18890 Saturn Drive). Alderman Salentine made a motion to approve. Commissioner Gummer seconded. Petitioner proposing to construct a fence enclosed storage area to house their products (pallets). Discussion ensued wherein Commission expressed concern that the pallets remain below the ten foot fenced in area. Mr. Santoro, petitioner, stated that he will abide with the rules set by the Plan Commission. Commissioner Hulbert made a motion to amend resolution to add, THEREFORE BE IT FURTHER RESOLVED, That all outdoor storage will be kept below the ten foot height of the fence. Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 017- 2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 017- 2000 was Adopted unanimously. MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 10:30 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 1 PAGE 8