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PC MIN 06-19-2001 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday June 19, 2001 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor De Angelis called the meeting to order at 7:03 p.m. PRESENT: Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel, Smith, Gummer, Plan Director Turk and Recording Secretary Asti. Secretary Asti reported that the meeting was properly noticed in accordance with the Open Meeting Law. MINUTES: Commissioner Brodel made a motion to approve the minutes of the June 5, 2001, meeting. Commissioner Smith seconded. Upon a voice vote, motion to approve the minutes was adopted. OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION RESOLUTION #P.C. 052-2001 – Approval of a sketch preliminary plat of the Benke property located in the NE ¼ and NW ¼ of Section 20 (Tax Key No. 2237.998 / Woods Road). This resolution was on the floor and deferred. Plan Director Turk stated that the preferred alternatives are a combination of submittals #1 and #5. Recommendation of using #1, RS- 2/OPD zoning district, for the layout and lot size and #5, RSE zoning district, for overall density. Staff has amended Resolution to reflect the preferred alternative from the submittals. The preferred submittal would contain approximately 58 lots. Commissioner Smith made a motion to amend Resolution P.C. #52 to be reflective of Resolution #P.C. 052a-2001 as presented. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 052a- 2001 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 052a-2001 was Adopted unanimously. RESOLUTION #P.C. 069–2001 – Approval of a conceptual Building Site and Operation Plan and Conditional Use Grant 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). This resolution was on the floor and deferred to allow staff and City Attorney to review case laws and administrative codes. The City Attorney has reviewed three items: 1. What zoning restrictions apply to proposed CBRF? Plan Director Turk stated that the revised submittals meet all zoning codes for the Quietwood Creek Subdivision. 2. May the City condition the grant of a conditional use permit for the CBRF on proof of licensing by the Department of Health and Family Services? The City may place conditions on the Conditional Use Permit to require state licensing prior to the Conditional Use Grant becoming effective. 3. Would the placement of a moratorium on the construction of future CBRFs to enable the City of Muskego to investigate objections by the public and other zoning concerns survive scrutiny under the Federal Fair Housing Act? Probably not. PLAN COMMISSION MINUTES, Continued June 19, 2001 Staff recommends that this item should move forward to a public hearing to hear all concerns from the neighbors. Also to have petitioner provide full submittals to be distributed to Building Department and Plan Department for review. Mayor De Angelis has been in contact with State Representatives and Senator’s offices whether there have been additional rules that have been modified for this type of facility. Mr. Bill Carity addressed the Commission speaking as the developer of Quietwood Creek and on behalf of the residents in this subdivision. Mr. Carity feels that this is an incompatible facility in this area. He has gone to great lengths to administer Deed Restrictions for the subdivision, however, he feels this facility will be an exception to the rules that are enforced for neighbors. Other concerns he feels should be considered are safety, side yard requirements, and the intensity of this business in a residential area. Mr. Carity asked the Commission to deny this request. Ms. Gorenc addressed the Commission that she is planning to organize a meeting with neighbors and people from the State to answer all questions and concerns. At this time, Ms. Gorenc has not applied for State licensing. Discussion ensued wherein the following amendments were proposed to modify Resolution #P.C. 69b-2001. The title of the resolution should read: REFERRING TO PUBLIC HEARING A BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE GRANT FOR A PROPOSED COMMUNITY BASED RESIDENTIAL FACILITY FOR THE ELDERLY AT THE PROPERTY LOCATED IN THE SE ¼ OF SECTION 10. Change the first Therefore be it resolved to read: THEREFORE BE IT RESOLVED, That the Plan Commission refers to Public Hearing the Building, Site and Operation Plan and………. Delete the third, fourth, fifth and sixth Be It Further Resolved paragraphs. Change the last paragraph to read: BE IT FURTHER RESOLVED, Final submittals are subject to future review and consideration by the Plan Commission, municipal committees of jurisdiction, and other agencies, and approval of final plans is not guaranteed by this action of the Plan Commission. Commissioner Brodel made a motion to amend Resolution P.C. #69-2001 to be reflective of Resolution #P.C. 069b-2001 as presented. Commissioner Gummer seconded. In discussion, Mayor De Angelis noted that the amendments would allow petitioner to proceed with detailed submittals, which will give neighbors, staff, and Commission better information to react to. It also affords the petitioner her due process. Upon a voice vote, Resolution #P.C. 069b-2001 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 069b-2001 was Adopted unanimously. RESOLUTION #P.C. 086-2001 – Approval of a temporary Building Site and Operation Plan for fireworks sales at the former Parkland Mall property, located in the NE ¼ of Section 10 (Tax Key No. 2198.984 / Janesville Road). This resolution was on the floor and deferred. Petitioner has resubmitted proposal to operate fireworks stand at the Burger King location in the Pick-n-Save shopping center. The revised proposal does not pose any site problems. Staff has PAGE 2 PLAN COMMISSION MINUTES, Continued June 19, 2001 amended Resolution to reflect the changes from the revised proposal. Commissioner Gummer made a motion to amend Resolution to read as provided in #P.C. 086a-2001 and also to add in the fourth WHEREAS, The tent canopy will be 20’ x 20’ in size… Alderman Le Doux seconded. Upon a voice vote, Resolution #P.C. 086a-2001 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 086a-2001 was Adopted unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 053-2001 – Approval of a Building Site and Operational Plan amendment for Accurate CAD-CAM property located in the NW ¼ of Section 16 (Tax Key No. 2221.020 / W189 S8224 Mercury Drive). This resolution was on the floor and deferred. Commissioner Smith made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 053-2001 was Deferred unanimously. RESOLUTION #P.C. 064–2001 - Approval of an underground equipment vault for Ameritech on the Larson property located in the NE ¼ of Section 13 (Tax Key No. 2212.999.002 / W125 S8330 North Cape Road). This resolution was on the floor and deferred. Commissioner Smith made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 064-2001 was Deferred unanimously. CONSENT BUSINESS RESOLUTION #P.C. 087–2001 – Approval of a subdivision entrance sign for Lake Forest Subdivision located in the NE ¼ of Section 17(Ancient Oaks Drive). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 087-2001 was Adopted unanimously. RESOLUTION #P.C. 088–2001 – Approval of an Ameritech underground equipment vault on Outlot 4 of Quietwood Creek Subdivision, located in the NE ¼ of Section 10 (Martin Drive). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 088-2001 was Adopted unanimously. NEW BUSINESS RESOLUTION #P.C. 089–2001 – Approval of a sketch land division for the Counter property located in the SW ¼ of Section 25 (Tax Key No. 2259.995 /Loomis Drive). Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded. This proposal meets all zoning code requirements. Parcel appears to have sufficient acreage to maintain outbuildings. Upon a roll call vote, Resolution #P.C. 089-2001 was Adopted unanimously. RESOLUTION #P.C. 090–2001 – Approval of a sketch Preliminary Plat of Riverview Court for the Switala property located in the SE ¼ of Section 10 (Tax Key No. 2200.985 / Woods Road). PAGE 3 PLAN COMMISSION MINUTES, Continued June 19, 2001 Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to develop a 22 parcel single family subdivision on lands directly south of the Quietwood Creek Subdivision. Items of concern regarding this proposal are: lots #20, #21 and #22 should not have direct access to Woods Road. The remnant parcel must be included with plat. The cul-de-sac does not meet City standards. Recreation trail be extended from Woods Road to WEPCO trail. Street reservation to Sandy Beach Drive should be included in proposal. Street name change from Quietwood Drive to Riverview Court is not desirable. Mr. Roman Berendt, National Survey & Engineering, addressed the Commission stating that the ambience would be destroyed with the denial of direct access to Woods Road. However, Mr. Berendt displayed a revised proposal to the Commission that addressed staff concerns. The cul-de-sac was extended to afford Mr. Switala’s property and lots 20, 21 and 22 informal access to platted streets. A twenty foot strip was added between lots 7 and 8 to allow access to recreation trail. Discussion ensued wherein the lots encroaching the WEPCO easement were questionable for buildable area. Consensus was that these lots should have extra depth to account for this encumbrance. Commissioner Hulbert made a motion to defer this item to allow staff an opportunity to review the revised proposal. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 090-2001 was Deferred unanimously. RESOLUTION #P.C. 091–2001 – Approval of street tree and landscaping plans for the Quietwood Creek Subdivision. Located in the NE ¼ and SE ¼ of Section 10 (Martin Drive, Martin Court, Quietwood Drive, Quietwood Court, Quietwood Circle, Westwood Drive Columbine Court). This resolution was read by title only. Commissioner Smith made a motion to approve. Commissioner Gummer seconded. Petitioner submitted street tree plans, landscaping plans and entrance signage. The submittals meet City requirements. Mr. Carity informed Commission that he has started the process of renaming Columbine Street. Mr. Carity stated that the street was named to show reverence, however, he has received many inquiries to change the name. Upon a roll call vote, Resolution #P.C. 091-2001 was Adopted unanimously. MISCELLANEOUS BUSINESS Discuss possible Zoning Code amendment – Floor Area Ratio. It is Staff recommendation to deal with floor area ratio in the OLS districts to eliminate problems that residents incur when requesting to modify their homes. This item will be on the next Plan Commission Agenda. Plan Director Turk informed Commission that the Public Utilities Committee denied the request to encroach into the Sanitary Sewer Easement for the Pleasant View Condo's Project. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 9:00 p.m. Alderman Le Doux seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting adjourned. PAGE 4 PLAN COMMISSION MINUTES, Continued June 19, 2001 Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 5