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PC MIN 07-17-2001 PH GORENC CBRF CITY OF MUSKEGO PLAN COMMISSION PUBLIC HEARING MINUTES Tuesday July 17, 2001 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue PUBLIC HEARING for a Conditional Use in accordance with Section 6.03 of the City of Muskego Zoning Ordinance for the operation for a 9 bedroom community based residential facility for the elderly to be located on the Gorenc property in the SE ¼ of Section 10 (Tax Key No. 2197.203 / W158 S7462 Quietwood Drive). PRESENT: Mayor De Angelis, Alderman Le Doux, Commissioners Schaumberg, Brodel, Smith, Plan Director Turk, Recording Secretary Asti and Attorney Timothy Feeley. ABSENT: Commissioners Hulbert and Gummer Secretary Asti reported that the meeting was properly noticed in accordance with the Open Meeting Law. Mayor De Angelis declared the Public Hearing open at 7:00 p.m. Plan Director Turk stated that petitioner is requesting to construct and occupy a community based residential facility with 9-15 occupants plus staff. Property is Zoned RS-3/OPD. According to Code, this is a permitted use by Conditional Use Grant. Petitioner is seeking license for a Class C non-ambulatory facility. The Commission has been provided a copy of the operation plan for this facility. Petitioner will provide two indoor and three outdoor off-street parking spaces. Staff will use the indoor parking, except during 30 minute shift changes when employee vehicles will be located temporarily in the driveway. The petitioner believes that trash removal will be comparable to residential service. All refuse containers will be placed inside the garage. City Staff feels that volume of trash may require additional midweek pick- ups. Medical waste would be taken to pharmacy for disposal and exchanges. City Staff does not have experience with this type of procedure and requests additional time to research safety and effectiveness of this procedure. Plan Director Turk explained the system used for calculating the floor area ratio. Plan Director Turk mentioned that the plans submitted by petitioner are incomplete and a Staff recommendation can not be made at this time. Staff is requesting sprinkler system plans; heat loss calculations; truss calculations; and retaining wall plans and specifications. Raised panel garage doors are recommended to improve the aesthetics of the building. Mayor De Angelis asked the petitioner if she wished to speak on this matter. Ms. Gorenc addressed Commission stating that she is requesting a 9-15 bed Class C non-ambulatory facility. Her proposed plan meets all code requirements. Ms. Gorenc stated that she held an information meeting with the neighbors in the Quietwood Creek Subdivision and would like to answer some of the concerns that were mentioned. Parking should not be a problem as there is ample space for the staff. Visiting hours for the facility will be from 10:00 am – 8:00 pm. Ms. Gorenc stated that residents in this type of facility do not receive many visitors. All refuse will be stored in sealed containers and disposed of properly. The grocery shopping will be done by the CBRF staff. Class C residents do not require more than three hours of medical care per day. Ms. Gorenc read general questions and answers taken from a survey from surrounding PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued July 17, 2001 CBRF facilities. This documentation is attached. Ms. Gorenc stated that she would be receptive to have restrictions placed on the Conditional Use Grant. Mayor De Angelis asked for members in the audience to address the Commission with their input of concerns, questions, comments, etc. Attorney Michael Orgeman, represents Mrs. Jilek and a number of residents of the Quietwood Creek Subdivision. Attorney Orgeman stated that the neighbors he is representing are adamantly opposed to the proposed facility. Attorney Orgeman stated that the Commission has the discretion to deny the facility and submitted written documentation of research he has done examining the law relating to this proposal. Attorney Orgeman requested that this documentation be placed on record, and is attached to the Public Hearing Minutes. Mrs. Kathy Cannestra, owner of lot 98 in Quietwood Creek Subdivision, is opposed to the request for a Conditional Use Permit. Mrs. Cannestra stated several issues of concern such as building size; grade; and property value. Mrs. Cannestra submitted written documentation to be placed on record, this documentation is attached to the Public Hearing Minutes. Mr. Mike Sharafinski, owner of lot 28 in Quietwood Creek Subdivision, is opposed to the proposed Conditional Use Permit, however would have no objection to eight or fewer residents. Mr. Sharafinski discussed parking and traffic issues. Mr. Sharafinski conducted an informal parking study of the Bristlecone CBRF along with obtaining police emergency and non-emergency call records made to this facility. Mr. Sharafinski stated that the proposed CBRF will be 2 ½ times larger and asked the Commission to consider these issues before granting approval. Mr. Sharafinski also requested that Ms. Gorenc be required to conduct a traffic study in this area. Mr. Sharafinski submitted written documentation to be placed on record, this documentation is attached to the Public Hearing Minutes. Mrs. Nada Stojadinovic, owner of lot 94 in Quietwood Creek Subdivision, is opposed to the proposed Conditional Use Permit. Mrs. Stojadinovic did research on various CBRF facilities in the surrounding area and also contacted the Safety Bureau of Quality Assurance. Mrs. Stojadinovic feels that the proposed number of employees is not realistic for this size facility. Traffic is another concern and Mrs. Stojadinovic would like a traffic study done. The disposal of biohazard material should be addressed. A safety study should be conducted especially relating to the pond. Mrs. Donna Robinson, owner of lot 99 in Quietwood Creek Subdivision, asked the Commission to deny the Conditional Use Permit based on zoning code of Muskego as it relates to conditional use grants. The Code asserts that the Plan Commission shall base their determination on the effect on the health, general welfare and safety specifically of the immediate neighborhood. Mrs. Robinson has great concern for the health of her son which suffers from severe asthma. Mrs. Robinson submitted written documentation to be placed on record, this documentation is attached to the Public Hearing Minutes. Mrs. Carol Jilek, owner of lot 96 in Quietwood Creek Subdivision, is opposed to the proposed conditional use permit. Mrs. Jilek stated that some of her concerns are: trash; nuisance noise; deed restrictions and building codes and safety. Mrs Jilek also referenced data regarding Wisconsin Administrative Code and Wisconsin Statute. Mrs. Jilek submitted written documentation to be placed on record, this documentation is attached to the Public Hearing Minutes. PAGE 2 PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued July 17, 2001 Mrs. Kimberly Schrank, owner of lot 28 in Quietwood Creek Subdivision. Mrs. Schrank is opposed to this Conditional Use Permit as it seems out of place in this area. Safety for her children; property value of the neighborhood; and the possibility of Ms. Gorenc going out of business are all major concerns. Mrs. Schrank submitted written documentation to be placed on record, this documentation is attached to the Public Hearing Minutes. Mr. Glen Lewinski, Community Development Block Grant Administrator for Waukesha County. Mr. Lewinski addressed the Commission with statistics on the number of elderly in this area and felt that the neighbors have not been very compassionate towards the elderly in this community. Mr. Lewinski stated that the elderly do not have a negative effect on neighborhoods. The proposed facility would not decrease property values. This facility would give quality of life to the elderly. The proposed CBRF will be regulated by the State. Alderman Wichgers, District #3. Alderman Wichgers appeared and stated he has been an impartial observer. This is a very emotional argument and felt that the neighbors have done a considerable amount of research and expressed legitimate concerns. Alderman Wichgers asked the Commission to protect the rights of the 142 neighbors in the Quietwood Subdivision. Mr. Jay Kopplin, owner of lot 92 in Quietwood Creek Subdivision, is opposed to the proposed Conditional Use Permit. Mr. Kopplin purchased his lot because it was located in a single family residential area. Mr. Kopplin asked the Commission to deny the petitioner’s request for a Conditional Use Permit, however he would support an eight bed facility. Mr. Bill Carity, developer of Quietwood Creek Subdivision. Mr. Carity stated that the proposed Conditional Use Permit would be misplaced in this area. An eight bed CBRF would be acceptable. Mr. Carity submitted documentation from the City of New Berlin denying a Conditional Use for a Twenty resident CBRF facility. This written documentation has been attached to the Public Hearing minutes. Mr. Greg Cavanaugh, resident of Muskego, stated that Ms. Gorenc should be thanked for her efforts in trying to help the elderly. However, safety must be considered when proposing to have fifteen people in a small space. This facility should be located on a larger piece of property. Mr. Robert Rammer, Quietwood Creek resident, requested the Commission to deny the Conditional Use Permit. This is not the area for this type of facility. Ms. JoAnne Gorenc, petitioner. Ms. Gorenc believes that the elderly have the right to quality of life and residing in a home atmosphere. The cost of living in a CBRF is one-third of a nursing home. The submitted house plans meet City requirements. Mrs. Gorenc has contracted for snow removal which will assist all the neighbors in the winter. There will be an internal alarm system installed that will not be heard outside. At this time, Ms. Gorenc has not decided whether she will live in this facility. Ms. Gorenc plans to serve the elderly and frail. The proposed CBRF is classified as a medium size facility. Ms. Gorenc requested a copy of all written documentation so she will be able to answer the neighbor’s concerns. Ms. Gorenc PAGE 3 PLAN COMMISSION PUBLIC HEARING MINUTES (GORENC CBRF), Continued July 17, 2001 stated that she has no objections to the Commission placing restrictions on the Conditional Use Permit. Plan Director Turk mentioned that Staff has received letters from Mr. and Mrs. Ed Schmidt, owners of lot 95, and Messrs. Steven Mark and John Schloegl, from Superior Homes Limited. The correspondence is opposed to the Conditional Use Permit. Both documents have been placed on record and attached to the Public Hearing Minutes. Mr. Mike Sharafinski, owner of lot 28 in Quietwood Creek Subdivision, stated that he told Ms. Gorenc that Class C may have 9-20 beds and is considered a medium size CBRF facility. This size facility will have major parking issues on a single family lot in a single family subdivision. Mayor De Angelis stated this matter would be heard through a resolution under New Business later this evening. There being no further questions or comments, the Public Hearing was adjourned at 9:21p.m. Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 4