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PC MIN 06-05-2001 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday June 5, 2001 7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor De Angelis called the meeting to order at 7:05 p.m. PRESENT: Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel, Smith, Gummer, Plan Director Turk, Engineering/Building Inspection Director McMullen, Assistant Plan Director Wolff and Recording Secretary Asti. 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 May 15, 2001, meeting. Alderman Le Doux seconded. Upon a voice vote, motion to approve the minutes was adopted. OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION RESOLUTION #P.C. 054-2001 – Approval of a Building Site and Operation Plan for six duplex structures on the Pegarl LLP property located in the SE ¼ of Section 17 (Tax Key No. 2228.998 / Woods Road). This resolution was on the floor and deferred. Petitioner revised and resubmitted architectural plans and building site plans. Discussion ensued regarding a maintenance easement for building five on parcel four. Commissioner Gummer made a motion to amend the resolution as follows: add a third WHEREAS, on June 5, 2001 said plans were further revised to address FEMA standards; in the sixth WHEREAS … Illustrated to be 21 feet from the public right of way and vary from side lot lines as illustrated in the June 5, 2001 submittal, and 10 feet from wetlands…. Add the following: BE IT FURTHER RESOLVED, that side yard offsets are approved as illustrated on the June 5, 2001 submittal. BE IT FURTHER RESOLVED, That a 10 foot maintenance easement must be recorded to address the zero lot line granted to Building 5. BE IT FURTHER RESOLVED, That this approval is subject to Public Utilities Committee approval of Building 6 encroachment into the sanitary force main easement. BE IT FURTHER RESOLVED, That additional landscape screening shall be installed between Buildings 1 and 2, Buildings 2 and 3, Buildings 3 and 4, Buildings 4 and 5, and plans for said landscaping shall be approved by the Planning Department prior to release of building permits. BE IT FURTHER RESOLVED, Building 1 shall have face brick wainscoting constructed on the west elevation. PLAN COMMISSION MINUTES, Continued June 5, 2001 BE IT FURTHER RESOLVED, Building 5 shall have face brick wainscoting constructed on the east elevation. BE IT FURTHER RESOLVED, Building 6 shall have face brick wainscoting installed on the west elevation and south elevation. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 054a-2001 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 054a-2001 was Adopted unanimously. RESOLUTION #P.C. 066–2001 - Approval of a Building Site and Operation Plan amendment for Pinky Electric located in the SE ¼ of Section 17 (Tax Key No. 2228.999.012 / S84 W19249 Enterprise Drive). This resolution was on the floor and deferred. Plan Director Turk stated that revised photometric plans have been submitted and are under engineering review. The fire code specifications have been submitted and are currently being reviewed by the Fire inspector. Staff has received verbal communication that wetland delineation has been requested. However, delineation information must be submitted prior to issuance of soil disturbance permits. Commissioner Schaumberg made a motion to amend Resolution #P.C. 066-2001 as reflected in Resolution #P.C. 066a-2001. Alderman Le Doux seconded. Upon a roll call vote, Amended Resolution #P.C. 066a-2001 was Adopted unanimously. RESOLUTION #P.C. 067–2001 – Approval of a Building Site and Operation Plan amendment and Conditional Use Grant amendment for Pioneer Auto located in the (Tax Key No. 2196.989 / W179 S7714 Pioneer Drive). This resolution was on the floor and deferred. Petitioner has been notified that conditions of approval will carry-over with this conditional use grant. Commissioner Brodel made a motion to amend Resolution #P.C. 067-2001 as reflected in Resolution #P.C. 067a-2001. Commissioner Hulbert seconded. Upon a roll call vote, Amended Resolution #P.C. 067a-2001 was Adopted unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 046-2001 – Recommendation to Common Council to rezone property located in the SE ¼ of Section 25 from RSE / A - Residential Suburban Estate District and Agriculture District to RSE / A / OIP Residential Suburban Estate District and Agriculture District with Institutional and Public Service Overlay District, and amend the Comprehensive Plan from medium density residential to institutional, for the Tess Corners Volunteer Fire Department (Tax Key No. 2260.992 / Loomis Drive). This item was on the floor and deferred. Petitioner has decided to remain on the present site and apply, under the new law change for Municipalities, to properly fill-in the wetlands. Upon a roll call vote, Resolution #P.C. 046-2001 was Denied without prejudice with a 6-1 vote. Commissioner Hulbert voting Yes. 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 item was on the floor and deferred. Petitioner has submitted five alternative plans. Mr. O’Connor approached the Commission requesting direction to move forward with a preliminary plat submittal. Mr. O’Connor would prefer to have the recommendation of the RS-3 / OPD Zoning with RS-1 district density. Commission generally favored the RS-2 / OPD Zoning with RSE density. Commissioner Smith made a motion to defer this item to allow staff to evaluate PAGE 2 PLAN COMMISSION MINUTES, Continued June 5, 2001 the alternatives and suggest amendments to the resolution. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 052-2001 was Deferred unanimously. 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 item was on the floor and deferred. Commissioner Brodel made a motion to defer. Commissioner Gummer 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 item was on the floor and deferred. Commissioner Brodel made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 064-2001 was Deferred 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 item was on the floor and deferred. Mayor De Angelis stated that this item will not be brought to the floor for discussion. Staff has received additional information on the bulk requirements of this item. There are outstanding issues still pending with the City Attorney. Mayor De Angelis requested that the neighboring residents should continue to contact staff with any comments or concerns regarding this item. Mayor reiterated that this is only a conceptual proposal. Commissioner Brodel made a motion to defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 069-2001 was Deferred unanimously. CONSENT BUSINESS RESOLUTION #P.C. 070-2001 – Approval of an accessory structure for the Godfrey property located in the SE ¼ of Section 21 (Tax Key No. 2243.990 / W183 S9402 Parker Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 070-2001 was Adopted unanimously. RESOLUTION #P.C. 071–2001 - Approval of an accessory structure for the Moeller property located in the NW ¼ of Section 7 (Tax Key No. 2186.995 / W219 S7214 Crowbar Road). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded. Upon a roll call vote, Resolution #P.C. 071- 2001 was Adopted unanimously. RESOLUTION #P.C. 072–2001 - Approval of an accessory structure for the Palmersheim property located in the SE ¼ of Section 16 (Tax Key No. 2224.994.010 / S85 W17705 Woods Road). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 072-2001 was Adopted unanimously. PAGE 3 PLAN COMMISSION MINUTES, Continued June 5, 2001 RESOLUTION #P.C. 073–2001 - Approval of an accessory structure for the Shircel property located in the NE ¼ of Section 18 (Tax Key No. 2229.056 / W204 S8290 Pasadena Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 073-2001 was Adopted unanimously. RESOLUTION #P.C. 074–2001 - Approval of an accessory structure for the Graser property, located in the SE ¼ of Section 4 (Tax Key No. 2176.074 / W177 S6987 Wildwood Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 074-2001 was Adopted unanimously. . RESOLUTION #P.C. 075–2001 - Approval of an accessory structure for the Bowmil property located in the NE ¼ of Section 35 (Tax Key No. 2298.981.001 / S104 W15169 Loomis Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 075-2001 was Adopted unanimously. NEW BUSINESS RESOLUTION #P.C. 076–2001 - Approval of an addition to an accessory structure for the Ceballos property located in the NE ¼ of Section 11 (Tax Key No. 2201.090 / S73 W14270 Woods Road). Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Discussion ensued to determine if parcel meets criteria for a predominantly undeveloped area. Property is well maintained and the proposed lean-to would not appear to have a negative effect. Upon a roll call vote, Resolution #P.C. 076-2001 was Adopted with a 6-1 vote. Commissioner Gummer voting No. RESOLUTION #P.C. 077–2001 - Approval of a Conditional Use Grant in accordance with Section 6.03 of the City of Muskego Zoning Ordinance for the use of an existing single family residence as a guest house for the Ruehle property, located in the SE ¼ of Section 9 (Tax Key No. 2195.987 / S77 W18312 Janesville Road). Commissioner Brodel made a motion to approve. Commissioner Smith seconded. A Public Hearing was held prior to start of the Plan Commission meeting. Plan Director Turk stated that Staff supports the resolution. Ms. Ruehle had nothing to add for the Commission. Upon a roll call vote, Resolution #P.C. 077-2001 was Adopted unanimously. RESOLUTION #P.C. 078–2001 – Approval of a 48 unit condominium plat of Lakewood Condominiums, located in the SE ¼ of Section 8 (Tax Key No. 2192.086 / Lakewood Drive). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. All outstanding issues for the condominium plat have been resolved. Upon a roll call vote, Resolution #P.C. 078-2001 was Adopted unanimously. RESOLUTION #P.C. 079–2001 – Approval of a sketch land division of the Martin property located in the SW ¼ of Section 7 (Tax Key No. 2187.999 / Field Drive). Commissioner Smith made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposes rural subdivision consisting of thirteen residential parcels and one outlot. Staff recommends “conservation subdivision” which would yield lots in a smaller “cluster” of homes to allow for the preservation of rural character and maximize preserved open space. The Conservation PAGE 4 PLAN COMMISSION MINUTES, Continued June 5, 2001 Committee’s Rural Development Handbook describes conservation subdivision. Messrs. Ed Carow and Steve Stewart, petitioners, addressed Commission approving of the recommendation. Upon a roll call vote, Resolution #P.C. 079-2001 was Adopted unanimously. RESOLUTION #P.C. 080–2001 – Approval of a Building Site and Operation Plan for Kohls Department Store and amendment to the approved Dreamland Planned Development District located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). Alderman Le Doux made a motion to approve. Commissioner Hulbert seconded. Ms. Lynn Broderick, one of petitioner’s representatives, informed the Commission that Kohls is continuing to get input from the neighbors in the Golden Country Estates area. Ms. Broderick mentioned several changes that have been made to the site plan, such as, eliminating the senior housing; additional green space; two outlots instead of three; reducing the size of Jewel Osco; and increase size of single tenant commercial space. Mr. Jeff Kenkel, National Survey and Engineering, gave a visualization presentation of the Kohls development. At this time, Mayor De Angelis mentioned that two homes located on the corner of Mooreland Road and Janesville Road will remain, however for visualization purposes the homes did not appear in the presentation. Mr. David C. Baum, Architect from Schroeder and Holt, addressed Commission regarding the proposed building site and operation plan. Lengthy discussion ensued regarding alternatives to the overall look of the front elevation of the building; screening of mechanicals; additional landscaping; and additional roof elements on the east side of the building. Commissioner Brodel made a motion to amend Resolution #P.C. 080-2001 to add on page 7, BE IT FURTHER RESOLVED, That an additional hip roof and aluminum panel element shall be added to the east elevation in proximity to the exit door, as depicted in the exhibit labeled “Supplement #P.C. 080-2001 Recommended Architectural Enhancements” as prepared by the Planning Department. Said elements shall be incorporated on final plans to be submitted prior to receipt of Building Permits. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 080-2001 was Amended with a 4-3 vote. Commissioners Hulbert, Brodel, Smith and Gummer voting Yes. Mayor De Angelis, Alderman Le Doux and Commissioner Schaumberg voting No. Commissioner Gummer made a motion to amend Resolution #P.C. 080-2001 for additional roof elements to be added to the south elevation on the building. Commissioner Smith seconded. Upon a roll call vote, amendment for Resolution #P.C. 080-2001 was defeated with a 4-3 vote. Mayor De Angelis, Alderman Le Doux, Commissioners Schaumberg and Brodel voting No. Commissioners Hulbert, Smith and Gummer voting Yes. Commissioner Brodel made a motion to amend Resolution #P.C. 080-2001 to add on page 8, BE IT FURTHER RESOLVED, That additional landscaping in the Kohls future expansion area, and interim landscaping plans for future Phases 2 and 3 shall be submitted for review and approval by the Plan Commission prior to release of building permits. PAGE 5 PLAN COMMISSION MINUTES, Continued June 5, 2001 Commissioner Hulbert seconded. Upon a roll call vote, motion to approve amendment was Adopted unanimously. Commissioner Smith made a motion to amend Resolution #P.C. 080-2001 to add on page 9, BE IT FURTHER RESOLVED, That prior to release of building permits, petitioner shall submit a cash bond in an amount to be determined by the Director of Building and Engineering for the purpose of screening all mechanicals from public view. Within 30 days of the grant of an occupancy permit, the Plan Commission shall review the development to determine if mechanicals are screened from public view. If the Plan Commission determines that said mechanicals are adequately screened, the cash bond shall be returned to the petitioner. If the Plan Commission determines that said mechanicals are not adequately screened from view, petitioner shall submit revised construction drawings to the Plan Commission for review and approval, which depict the required screening. All screening required by the Plan Commission within 180 days of occupancy. And to remove the clause on page 7 that reads as follows: BE IT FURTHER RESOLVED, Screening of roof top mechanicals is to be completed to the satisfaction of the Planning Director prior to issuance of occupancy permits. Commissioner Hulbert seconded. Upon a roll call vote, motion to approve amendment was Adopted unanimously. Commissioner Smith made a motion to amend Resolution #P.C. 080-2001 to correct the language in the second BE IT FURTHER RESOLVED, on page 8, to read as follows: BE IT FURTHER RESOLVED, The proposed Kohls Department Store anticipates to be constructed as Phase I of the Planned Development District. If Phase 3 consisting of the 15,080 square foot attached strip mall, is constructed concurrent with Phase 1, petitioner shall be relieved of the obligation to install face brick and split face block in areas which directly abut (wall-to- wall) the third phase of construction. In any event, if petitioner has not received approval for Phase 3, or has received approvals but has not commenced construction, petitioner shall construct the wall per approved plans prior to receipt of an occupancy permit for Phase 1. Commissioner Brodel seconded. Upon a roll call vote, motion to approve amendment was Adopted unanimously. Upon a roll call vote, Amended Resolution #P.C. 080-2001 was Adopted with a 6-1 vote. Commissioner Gummer voting No. At 10:45 p.m. Mayor De Angelis moved to take a ten minute recess. Meeting reconvened at 10:57 p.m. Resolutions #P.C. 085-2001 and 086-2001 were taken out of order and discussed. RESOLUTION #P.C. 085-2001 – Approval of a temporary Building Site and Operation Plan for fireworks sales at the Lincoln Point Shopping Center located in the NE ¼ of Section 1 (Tax Key No. 2162.997 / S63 W13700 Janesville Road). Alderman Le Doux made a motion PAGE 6 PLAN COMMISSION MINUTES, Continued June 5, 2001 to approve. Commissioner Schaumberg seconded. There are no outstanding concerns for this item. Upon a roll call vote, Resolution #P.C. 085-2001 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). Alderman Le Doux made a motion to approve. Commissioner Schaumberg seconded. Staff has concerns such as condition of the driveway, parking on site, and the location of sanitary facilities relating to the proposed site. Discussion ensued wherein this item will be deferred to allow petitioner an opportunity to explore other sites in this vicinity. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 086-2001 was Deferred unanimously. RESOLUTION #P.C. 081–2001 – Approval of an amended Building Site and Operation Plan for Jewel Osco and amendment to the approved Dreamland Planned Development District located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Alderman Le Doux seconded. Discussion ensued wherein particular elements of Resolution #P.C. 132C-99 remain in effect and are incorporated into Resolution #P.C. 081-2001. Commissioner Gummer made a motion to amend Resolution #P.C. 081-2001 to add BE IT FURTHER RESOLVED, That foundation planting plans shall be approved by the Planning Department prior to the release of building permits. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 081-2001 was Amended unanimously. Alderman Le Doux made a motion to twice amend Resolution #P.C. 081-2001 to eliminate the language in item number 7 and replace with the following language. Prior to the release of building permits, petitioner shall submit a cash bond in an amount to be determined by the Director of Building and Engineering for the purpose of screening all mechanicals from public view. Within 30 days of the grant of an occupancy permit, the Plan Commission shall review the development to determine if mechanicals are screened from public view. If the Plan Commission determines that said mechanicals are adequately screened, the cash bond shall be returned to the petitioner. If the Plan Commission determines that said mechanicals are not adequately screened from view, petitioner shall submit revised construction drawings to the Plan Commission for review and approval, which depict the required screening. All screening required by the Plan Commission within 180 days of occupancy. And to correct the language in the #14 paragraph to read as follows: The proposed Jewel- Osco is anticipated to be constructed as Phase 2 of the Planned Development District. If prior to or during construction of Phase 2 (e.g. the 56,500 square foot Jewel-Osco) petitioner receives approval for and commences construction of Phase 3 consisting of the attached strip mall, petitioner shall be relieved of the obligation to install face brick and split face block in areas which directly abut (wall-to-wall) the third phase of construction. In any event, if petitioner has not received approval for Phase 3, or has received approvals but has not commenced construction, petitioner shall construct the wall per approved plans prior to receipt of an occupancy permit for Phase 2. Commissioner Smith seconded. Upon a voice vote, Amended Resolution #P.C. 081-2001 was Twice Amended. Upon a roll call vote, Twice Amended Resolution #P.C. 081-2001 was Adopted unanimously. PAGE 7 PLAN COMMISSION MINUTES, Continued June 5, 2001 RESOLUTION #P.C. 082–2001 – Approval of a four lot Certified Survey Map of the Dreamland Planned Development District located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). This resolution was read by title only. Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded. Plan Director Turk mentioned that this is a redivision of the prior Dreamland Certified Survey Map. Proposed language to clarify the Koso Drive cross access easement is included in Resolution #P.C. 082- 2001 as a condition of approval. Upon a roll call vote, Resolution #P.C. 082-2001 was Adopted unanimously. RESOLUTION #P.C. 083–2001 – Approval of an amendment to the 2010 Comprehensive Plan, and recommendation of same to Common Council, for the Dreamland Planned Development District located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Schaumberg seconded. Petitioner requesting to amend the 2010 Comprehensive Plan to be consistent with the approved concept to amend the Dreamland Planned Development District. Upon a roll call vote, Resolution #P.C. 083-2001 was Adopted with a 6-1 vote. Commissioner Gummer voted No. RESOLUTION #P.C. 084-2001 – Recommendation to Common Council to rezone 6.99 acres of the Dreamland Planned Development District from RSE Suburban Estate District to B- 3 / OPD General Business District with Planned Development Overlay District, located in the SE ¼ of Section 2 (part of Tax Key No. 2167.995 / Janesville Road). This resolution was read by title only. Alderman Le Doux made a motion to approve. Commissioner Schaumberg seconded. The request to rezone the 6.99 acres is consistent with the amended Planned Development District request. Landscaping and preservation buffers will remain in effect. Upon a roll call vote, Resolution #P.C. 084-2001 was Adopted with a 6-1 vote. Commissioner Gummer voted No. MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 11:35 p.m. Commissioner Smith seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting adjourned. Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 8