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PC MIN 05-15-2001 CITY OF MUSKEGO PLAN COMMISSION MINUTES Tuesday May 15, 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: Alderman Le Doux made a motion to approve the minutes of the May 1, 2001, meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was adopted. OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION RESOLUTION #P.C. 032-2001 – Approval of a Building Site and Operation Plan for J&O Trucking located in the NE ¼ of Section 2 (Tax Key No. 2165.998.003 / W146 S6420 Tess Corners Drive). This resolution was on the floor and deferred. At this time, the petitioner will not proceed with this project. Upon a roll call vote, Resolution #P.C. 032-2001 was Denied 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 resolution was on the floor and deferred. This item has been deferred awaiting petitioner’s assessment of alternative construction sites. Commissioner Smith made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 046-2001 was Deferred unanimously. 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. This item has been deferred until petitioner submits four alternative site plans. Commissioner Smith made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 052-2001 was Deferred unanimously. PLAN COMMISSION MINUTES, Continued May 15, 2001 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. This item has been deferred pending receipt of storm water and photometric plans. Commissioner Smith made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 053-2001 was Deferred unanimously. 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 requested to resubmit revised site plans, grading plans and architectural plans. Commissioner Smith made a motion to defer. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 054-2001 was Deferred unanimously. CONSENT BUSINESS RESOLUTION #P.C. 058-2001 – Approval of an accessory structure for the Crouch property located in the NE ¼ of Section 1 (Tax Key No. 2162.017 / S63 W13292 Windsor Road). This resolution was read by title only. Commissioner Brodel made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 058-2001 was Adopted unanimously. RESOLUTION #P.C. 059-2001 – Approval of a fence and retaining wall height exception for the Corrao property located in the SW ¼ of Section 5 (Tax Key No. 2180.054 / S67 W19043 Tans Drive). This resolution was read by title only. Plan Director Turk mentioned that petitioner submitted requested written approval from abutting neighbors. Commissioner Brodel made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 059-2001 was Adopted unanimously. RESOLUTION #P.C. 060–2001 - Approval of an accessory structure for the Nepscha property located in the SE ¼ of Section 6 (Tax Key No. 2184.017 / S70 W21101 Stonecrest Road). This resolution was read by title only. Commissioner Brodel made a motion to approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 060-2001 was Adopted unanimously. NEW BUSINESS RESOLUTION #P.C. 061-2001 – Approval of a two lot sketch land division of the Switala property located in the NE ¼ of Section 15 (Tax Key No. 2217.947.001 / W163 S8025 Conical Lane, and Tax Key No. 2217.947 / W163 S7921 Bay Lane Place). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Plan Director Turk stated that petitioner is requesting lot line adjustment not creating additional parcels. Upon a roll call vote, Resolution #P.C. 061-2001 was Adopted unanimously. PAGE 2 PLAN COMMISSION MINUTES, Continued May 15, 2001 RESOLUTION #P.C. 062-2001 – Approval of a two lot sketch land division of the Bartz property located in the NE ¼ and SE ¼ of Section 11 (Tax Key No. 2201.988 / Velva Drive). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Petitioner proposing to divide one lot from existing parcel to construct a single family residence. The proposed parcel abuts Velva Drive which has been dedicated to its full width by the 2010 Street System Plan. The proposed parcel abuts future extension of Roger Drive. Should petitioner propose a driveway access from this area, a 60 foot right-of-way would be required to be dedicated. Exhibit A shows the Moorland Road right-of-way dedication. Upon a roll call vote, Resolution #P.C. 062-2001 was Adopted unanimously. RESOLUTION #P.C. 063–2001 – Approval of a sketch land division of the Sonnentag and Steinhaus properties located in the SW ¼ of Section 34 (Tax Key No. 2296.999 / Loomis Drive, and part of Tax Key No. 2235.998.001 / Union Church Road). Commissioner Brodel made a motion to approve. Alderman Le Doux seconded. Petitioner proposing to subdivide property into three lots and one outlot. The proposed lots meet the code requirements. Mr. Sonnetag addressed the Commission stating that he has tried to get road right-of-way in the past and this plan will achieve that goal. Mr. Sonnetag stated that he plans to sell several of the parcels but will farm the remainder of his land. Mrs. Alice Kastello, neighbor to petitioner, encouraged Commission to approve this proposal. Mrs. Kastello has no objections to this request and feels that it is consistent for this area. Upon a roll call vote, Resolution #P.C. 063- 2001 was Adopted 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). Commissioner Schaumberg made a motion to approve. Alderman Le Doux seconded. Plan Director Turk stated that substantial site restoration and clean up is required. Berming began on this property and has not been completed. Removal of commercial vehicles and trailers is required. The proposed landscaping plan needs to be revised and resubmitted to provide better screening of the vault from the public view. An easement has been obtained from property owner. Petitioner proposing a ten foot wide easement to access proposed vault. Commercial driveways require ten foot separation between access drive and lot line. A revised site plan and easement documents must be amended to reflect requirements. Commissioner Gummer made a motion to defer this item allowing petitioner to resubmit revised documentation. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 064-2001 was Deferred unanimously. Due to a potential conflict of interest regarding Resolution #P.C. 65-2001, Mayor De Angelis recused himself and turned the meeting over to Alderman Le Doux. RESOLUTION #P.C. 065–2001 – Approval of a temporary Building Site and Operation Plan amendment to permit an outdoor fundraising tent for the Sentry Foods property located in the SE ¼ of Section 8 (Tax Key No. 2192.973 / W189 S7847 Racine Avenue). Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing a one day fund raiser event. This event will be coexisting with the seasonal garden center sales operation. Staff considers this proposal a non-substantial change to approval of outdoor events. Staff’s only concern is that the trash receptacles be properly emptied and removed from site no later than 8:00 pm on Sunday, May 27, 2001. Upon a roll call vote, Resolution #P.C. 065-2001 was Adopted unanimously. PAGE 3 PLAN COMMISSION MINUTES, Continued May 15, 2001 Alderman Le Doux relinquished the chair back to Mayor De Angelis. 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). Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. Petitioner proposing construction of office and maintenance structure to accommodate a school bus company. Discussion ensued wherein the submitted landscaping plan should include greater diversity in plantings. Wetlands on property will be required to be delineated. During the meeting, petitioner submitted plan of the refueling station along with a color sketch of the proposed structure. Signage will match what is on the existing building. Mr. Scott Jones, tenant working with Pinky Electric, stated that the oil company will meet Federal, State, and Local regulations. The operation will be operated by key card for security. Commissioner Gummer made a motion to defer. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 066-2001 was Deferred 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). Commissioner Gummer made a motion to approve. Alderman Le Doux seconded. Petitioner proposing to operate an auto sales business. Plan Commission previously approved a conditional use grant for Pioneer Auto at this location. The sales and repair of small engines is also permitted on this site. Staff recommends the existing conditional use grant be re-recorded to allow transfer to Mr. Holtz and to update recorded documentation at the Waukesha County Court House. Discussion ensued wherein there is a concern with dual usage on this property. Commissioner Smith made a motion to defer this item to allow petitioner, who was not present at the plan commission meeting, to understand concerns of the Commission. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 067-2001 was Deferred unanimously. RESOLUTION #P.C. 068–2001 – Approval of a conceptual Building Site and Operation Plan and Conditional Use Grant for a guest house on the LaFratta property located in the NE ¼ of Section 5 (Tax Key No. 2217.944.002 / S82 W15900 Bass Bay Lane). Commissioner Schaumberg made a motion to approve. Alderman Le Doux seconded. Petitioner proposes to construct a 1200-1300 square foot guesthouse. This proposal meets all code requirements. A public hearing will be required but has not been scheduled at this time. Property accesses Bass Bay Lane by a private drive. Currently there are four homes utilizing this private drive. It is policy of the Public Works Committee to permit only three homes on a private drive. It was suggested to the petitioner to attend the next Public Works Committee meeting for consideration of waiving the construction of a roadway and granting petitioner access to the private road. Commissioner Hulbert stated that there are more homes utilizing the private road than allowed and he would be in favor of a mother-in-law unit rather than another home. Upon a roll call vote, Resolution #P.C. 068-2001 was Adopted with a 6-1 vote. Commissioner Hulbert voting No. 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). Commissioner Gummer made a motion to approve. PAGE 4 PLAN COMMISSION MINUTES, Continued May 15, 2001 Commissioner Schaumberg seconded. If petitioner proposed eight or fewer residents this use is permitted by right without plan commission approval. However, petitioner is requesting nine – fifteen residents which require conditional use grant and plan commission approval. Discussion ensued regarding the building mass and scale. Petitioner has proposed nine bedrooms of which two are located in the front of the house in a false garage area. This will provide for one indoor parking space. The Deed Restrictions require a minimum of a two car garage. Off street parking is an issue of concern. Another concern is the 8/12 roof pitch, Staff suggests that this be modified to reduce overall height and appearance of great mass. A Public Hearing will be scheduled when action is taken. Mrs. JoAnne Gorenc addressed Commission stating that there will be two caregivers on the premises during the day and one at night. The residents do not receive visitors very often so the parking should not be an issue. Mrs. Gorenc will provide grocery shopping and delivery of medications. Staff received correspondence from the developer stating concerns with the mass of the proposed structure. Mr. Carity feels that the proposed structure will overpower and dwarf the adjoining homes. Another concern is parking requirements for visitors, employees, and pick- up and delivery. Mr. Carity will require the bedrooms in the false garage to be removed to be consistent with the two car garage requirement in the Deed Restrictions. Mr. Carity has requested that the City respect the conditions of the Deed Restrictions. Safety and operations of this proposal need to be clarified. Mrs. Carol Jilek, adjoining neighbor, addressed the Commission with a number of issues. The size and magnitude of the structure. Other concerns are parking, traffic, lighting, safety and the quality of life for the surrounding neighbors. Another issue of concern is, if this venture fails, and the conditional use grant goes with the land, what will the future hold for this residential property. Mrs. Jilek stated she represented a number of neighbors that object to the size of this proposal. Commissioner Gummer made a motion to defer pending resolution of issues of parking and architecture. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 069-2001 was Deferred unanimously. MISCELLANEOUS BUSINESS Plan Director Turk announced that on Thursday, May 24, 2001 the Conservation Committee will hold a public hearing to release the Conservation Plan Management and Acquisition plans. After the Conservation Committee has incorporated comments from the public hearing, the plan will be presented to the Plan Commission in July. ADJOURNMENT Commissioner Gummer made a motion to adjourn at 9:10 p.m. Commissioner Hulbert seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting adjourned. PAGE 5 PLAN COMMISSION MINUTES, Continued May 15, 2001 Respectfully submitted, Sandra S. Asti Recording Secretary PAGE 6