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PCM20050920 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:00 PM Tuesday September 20, 2005 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Damaske called the meeting to order at 7:01 p.m. Those present recited the Pledge of Allegiance. PRESENT Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert (arrived at 7:11 p.m.) Simpson, Stinebaugh, Michalski, Plan Director Muenkel and Recording Secretary Asti. ABSENT Commissioner Schaumberg Recording Secretary Asti noted that the meeting was properly noticed on September 15, 2005 in accordance with the Open Meeting Law. MINUTES Commissioner Simpson made a motion to approve the minutes of the September 6, 2005 meeting. Commissioner Michalski seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 105-2005 – Approval of a Building, Site, and Operation Plan amendment for Terra Firma Landscape Inc located in the NE ¼ of Section 2 (Tax Key Nos. 2165.976 & 2165.977 / Janesville Road). This item was on the floor and deferred. Due to property being located in the Redevelopment District #2, this item was discussed at the September 12, 2005 Community Development Authority meeting. The committee viewed the proposal as an excellent application of the Tess Corners Design Guide. The committee requested that the Planning Department review the building elevation of the proposed gate that would be installed at the employee parking lot entrance off of Tess Corners Drive. They would like confirmation that the gate fits within the Tess Corners Historic guidelines before it is installed. Plan Director Muenkel stated that this notation has been added to the resolution. Alderman Buckmaster made a motion to amend the resolution as presented. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 105-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 105-2005 was ADOPTED unanimously. RESOLUTION #P.C. 095-2005 – Recommendation to Common Council to rezone land from A Agricultural District to RSM Multiple Family Residence District for properties located in the SE ¼ of Section 18 and the SW ¼ of Section 17 (Tax Key Nos. 2232.980 and 2232.981 / Hillendale Drive). This item was on the floor and deferred. Petitioner requested deferral to allow them to present new information regarding the rezoning. A new packet of information has been submitted to all commissioners. Information provided by petitioner details financial benefits to the City, school impacts, disposable income, traffic, housing demands, the surrounding neighborhood, and reasons why they are requesting RSM zoning. The Engineering Director submitted a formal letter regarding the infrastructure needed for developing in this area. The Plan Commission Minutes, continued September 20, 2005 letter states that a development of 240 units would need extensive upgrades to the sewer system. However, a development such as a conservation subdivision with 12 units would not require such upgrades. If Plan Commission agrees, the resolution is written for denial and would need amending to reflect the current reasons for denial. Ms. Gayle Schmitt addressed the Commission responded to concerns made at the previous Plan Commission meeting. Regarding compatibility, she feels that this development is very compatible for the surrounding area. It will be shielded from Janesville Road by the commercial use next to her property. There are developments surrounding this parcel of land with condos directly to the north and east. At the public hearing there were no objections to this proposal. This development would ease the traffic in this area. This has been a nine year project for her. She petitioned to get into the sewer district in 1997-2000 and was denied. In 2000-2001 COM 83 was passed at State and County levels, however the City had a moratorium. When City lifted the moratorium, twenty-three sites perked out and she received approval on a twenty-one lot subdivision which was vetoed. She feels that she has had numerous obstacles for developing with single family housing. Ms. Schmitt went over all the financial benefits this development would bring to the City. Mr. Tom Stang, petitioner’s representative, has done research and found that condos do not have a negative impact on the school district. They offer financial infusion through tax base increase. This development is a win-win situation for all. It will bring enormous increase to tax base. Schools will benefit as condo buyers usually do not have school age children in the household. Local businesses will prosper. This development will bring in hundreds of people to inject cash flow to the City. Commissioner Hulbert stated that many points could be debated, however, zoning is the only issue at hand. We have never made decisions at the Plan Commission level based upon what potential dollars would flow through the City. We must look at the overall plan and the Comprehensive Plan and stick to that. The issues presented are only looking at inflow not outflow. Commissioner Hulbert received a call at his home by one of the petitioners. He apologized for not returning the call, but does not feel it is appropriate to have discussions outside of the public view. He feels more comfortable if issues are discussed in front of all the citizens and that is the reason he did not return the phone call. Plan Director Muenkel said that this comes down to the zoning issue. We must go over the documents that are being presented to us and what has been approved by elected officials in the past. What they want to see in this area is more of a rural character. To clarify, the existing condos are not zoned right next to this property, they are located a good distance away. True, there are more intense uses along Janesville Road but to bring in additional intense uses disagrees with the Comprehensive Plan. Alderman Buckmaster agreed with Commissioner Hulbert that you could debate points presented, but preferred to make some general comments. Economic Development, Community Development and Land Use are all part of the Comprehensive Plan. The existing citizens in that area, along with the Aldermen direct the type of housing in that area. At this point and time, the Comprehensive Plan does not dictate this type of intense housing in that area. This is not a good fit. PAGE 2 Plan Commission Minutes, continued September 20, 2005 Mayor Damaske supports this kind of development in this area, but does feel the intense use is a little too high. The sewer and water capacity should be able to handle this project. He has been contacting numerous businesses and found that one of the main reasons they don’t want to come to Muskego is that our base population is too small to support the businesses. Feels that this area is not being used to its potential. This type of development will keep businesses here and bring more into the City. Commissioner Michalski said he does not look at this proposal as an economic item. The Comprehensive Plan was put into place as a zoning issue and this is the direction we want our City to go in. The petitioner makes great points, he is not arguing with that but unfortunately, the density is in the wrong area. This is not the direction we are looking to go in at this time. We have a plan in place and need to go in the direction of the Comprehensive Plan. Ms. Schmitt said that she has seen the plan change over the last nine years. In 1997 it was high density. This was high priority park acquisition. She went to Waukesha County and asked if they wanted to buy the land. She also went to Park Board and asked if they wanted to buy the land. She was asked the amount of taxes that are being paid and her reply was $10,000 to $11,000 per year. She was told that Park Board had no money to buy park land and they did not want to loose her tax base. She has seen this property change from high density to park to moderate. She is not requesting the highest density and thinks this is a good transition and requested that the Commission consider all the other factors in the Comprehensive Plan. Commissioner Hulbert spoke on behalf of the Park Board and wanted to clarify that no decision was ever made to buy or not buy land because of the current taxes being collected. This has never been part of the decision making process. It was never part of the Muskego Master Plan to acquire park land on this particular property. Commissioner Hulbert also wanted to make clear that the Plan Commission is not trying to keep this as farm land, we have granted the petitioner density to build a subdivision with a conservation overlay and Ms. Schmitt changed her mind after it was approved. Perhaps petitioner may wish to come back and revisit the original plan that was agreed on. Alderman Buckmaster made a motion to amend resolution to reflect changes as presented. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 095-2005 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 095-2005 as ADOPTED 5-1. Mayor Damaske voting No. RESOLUTION #P.C. 096-2005 - Recommendation to Common Council to rezone land from RS-2 Suburban Residence District, RSA Attached Single-Family District, and RSA/OIP Attached Single-Family District with a an Institution and Public Service Overlay District to RS-2 Suburban Residence District, RSA Attached Single-Family District, and RSA/OIP Attached Single-Family District with a an Institution and Public Service Overlay District for the Borchardt property located in the SE ¼ and NE ¼ of Section 3 (Tax Key No. 2169.987 / Martin Drive). This item was on the floor and deferred to allow petitioner and Aldermen to try and work out differences with the proposed zoning lines. Petitioner has made changes that all the RSA lots are under 30,000 square feet, which will allow for a two-family structure only on each parcel. Staff recommends approval as the proposed rezoning meets the intent of the original Moorland corridor rezoning. PAGE 3 Plan Commission Minutes, continued September 20, 2005 Alderman Buckmaster stated that the RSA distance has moved 100 feet to the west. The concern of the Chamberlain Hill Association is that this greatly affects their buffer and ability to transition to the BP zoning. Commissioner Simpson feels the Preliminary Plan as shown makes sense. He does not feel this will be a problem. There will be no negative impact to anyone. Commissioner Hulbert stated that the tree line has been preserved and is a good buffer. He still suggests that a couple of duplexes could be replaced with single family residences. By controlling the duplex usage at this level there should not be much of an impact. Alderman Borgman, the Alderman of this district, approached the Commission that the Association is still looking to preserve the original buffer. The residents are adamant that we made an agreement with them that the RSA lot would be 600 feet from Chamberlain Hills Subdivision. Mr. Borchardt has made some real nice changes to the subdivision and should be commended. Mr. Borchardt addressed the Commission. All of his single family lots are getting closer to the Business Park also. He does not feel that this should happen and it is not the ideal situation for his subdivision. He has made an attempt to save the tree line and areas throughout the subdivision. The two family homes will look as good as the single family units. There will be no downgrade to this project, it will be as good as Chamberlain Hills or better. Plan Director Muenkel stated that the Commissioners must ask themselves if the underlying intent of the buffer is still evident. The proposed subdivision will get the most impact from the Business Park. Upon a roll call vote, Resolution #P.C. 096-2005 was ADOPTED with a 4-2 vote. Mayor Damaske and Alderman Buckmaster voting No. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 082-2005 – Approval of an amended Building, Site, and Operation Plan and recommendation to Common Council to rezone land from A Agricultural District to B-4 Highway Business District for Frey Auto located in the SE ¼ of Section 34 (Tax Key Nos. 2296.996 & 2293.996.002 / Loomis Road). This item was on the floor and deferred. Commissioner Hulbert made a motion to defer. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 082-2005 was DEFERRED unanimously. RESOLUTION #P.C. 085-2005 – Approval of a Preliminary Plat for Oakridge Glen Subdivision located in the NE ¼ and SE ¼ of Section 3 (Tax Key No. 2169.987 / Martin Drive). This item was on the floor and deferred. Commissioner Hulbert made a motion to defer. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 085-2005 was DEFERRED unanimously. CONSENT BUSINESS Commissioner Hulbert made a motion to Adopt Resolutions #P.C. 112-2005, #P.C. 113-2005 and #P.C. 119-2005 engross. Alderman Buckmaster seconded. Upon a voice vote, the motion passed unanimously. PAGE 4 Plan Commission Minutes, continued September 20, 2005 RESOLUTION #P.C. 112-2005 – Approval of an additional Accessory Structure for James Frost located in the NW ¼ of Section 12 (Tax Key No. 2206.998.023 / S71 W13493 Woods Road). Resolution #P.C. 112-2005 was ADOPTED unanimously. RESOLUTION #P.C. 113-2005 – Approval of a Condominium Plat of Overlook Bay Apartments, Building #6 located in the SE ¼ of Section 8 and NE ¼ of Section 17 (Tax Key No. 2192.978.006 / W192 S7850 Overlook Bay Road). Resolution #P.C. 113-2005 was ADOPTED unanimously. RESOLUTION #P.C. 119-2005 – Approval of a mother-in-law unit for the Allen property located in the NW ¼ of Section 2 (Tax Key No. 2166.073 / W149 S6602 Spring Lane). Alderman Buckmaster asked for clarification on what the restrictions are for a mother-in-law unit and is that unit available for rent to the outside? Plan Director Muenkel answered that the mother-in-law must be occupied by a resident(s) related through blood, marriage or adoption. The other restriction is that there must be a non-lockable door connected to the main residence. Ms. Jane Spieler asked to speak. She lives directly across the street from petitioner. In talking with Mr. Allen, she was told that he is planning on having his mother-in-law reside in this unit. However, in the future, he is planning to have it as a rental unit. It will be detached from the main structure. Ms. Spieler would like to see the City step in as the properties to the north and south of her are also renting out living units. She has no problem with mother-in-law units as long as there are restrictions for their use. Plan Director Muenkel informed Ms. Spieler that there are certain criteria that must be met to have this proposal approved. The criteria is: any portion of a single family residence, intended to be occupied by a resident(s) related through blood, marriage or adoption to a host residence occupant, being no greater than 800 square feet in size, that has an independent wing or area that is self-supporting in terms of livable needs (i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility infrastructure of the primary residence. Access to this wing or area may be obtained via one door to the outside and a second non-lockable door or passage way to the main portion of the host residence. Access is permitted to a garage area having no service door. (Ord. #947 - 10- 02-97). All the stipulations will be enforced. Should Ms. Spieler feel that Mr. Allen is not complying she can notify her Alderman who, in turn, will have City staff do a site inspection. Upon a roll call vote, Resolution #P.C. 119-2005 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 026-2005 – Approval of a three lot Certified Survey Map for the Markgraf property located in the SE ¼ of Section 34 (Tax Key No. 2296.994.003 / Union Church Drive). Commissioner Hulbert made a motion to approve. Alderman Buckmaster seconded. Petitioner proposing to create three parcels along Union Church road. The parcels meet the zoning requirements and land division requirements. Petitioner has received DNR approvals for wetlands and ponds found on the property. Upon a roll call vote, Resolution #P.C. 026-2005 was ADOPTED unanimously. RESOLUTION #P.C. 103-2005 – Approval of a Conceptual Plat and Yield Plan and Recommendation to Common Council to rezone land from A Agricultural District to RCE/COPD Country Estate District with a Conservation Planned Development Overlay for a property PAGE 5 Plan Commission Minutes, continued September 20, 2005 located in the SW ¼ of Section 30 (Tax Key No. 2279.993 / Crowbar Drive). Alderman Buckmaster made a motion to approve. Commissioner Stinebaugh seconded. Petitioners are proposing to develop a conservation subdivision east on Crowbar and north of Kelsey. A total of ten parcels are being proposed. Petitioner has submitted two sketches. The Yield Plan depicts the development of the entire property utilizing the underlying Agricultural zoning with 2.75 acre parcels. The Concept Plan depicts the same number of parcels plus “bonus” lots. The concept utilizes the RCE/COPD zoning of which petitioner has petitioner for a rezoning. On September 13, 2005 a Public Hearing was held with general questions being asked and requests made to have the construction plans take the grading and stormwater runoff into consideration. The Conservation Plan depicts a portion of Medium Management Priorities and Medium Acquisition Priorities on the platted lands. This is due to upland woodlands. This plat will be reviewed by the Conservation Commission at their September 26, 2005 meeting. The plat preserves most the upland woodlands and will require an open space management plan. Commissioner Hulbert feels that the wooded area is unique to this area of the City. This should be preserved. Upon a roll call vote, Resolution #P.C. 103-2005 was ADOPTED unanimously. RESOLUTION #P.C. 109-2005 – Approval of a four lot Certified Survey Map for the Slocomb property located in the SE ¼ of Section 23 (Tax Key No. 2252.949 / Ryan Road). Commissioner Simpson made a motion to approve. Commissioner Michalski seconded. Petitioner proposing to create four parcels along Ryan Road and Groveway Lane. The parcels meet the zoning requirements and will be serviced by municipal sewer and private wells. Upon a roll call voice vote, Resolution #P.C. 109-2005 was ADOPTED unanimously. RESOLUTION #P.C. 110-2005 – Approval of an amended Building Site and Operation Plan for the Muskego Area Family Moose Lodge located in the SW ¼ of Section 18 (Tax Key No. 2231.995 / Janesville Road). Commissioner Hulbert made a motion to approve. Commissioner Stinebaugh seconded. Petitioner proposing to alter the prior approvals to allow changes to the parking and lighting. Petitioner requesting to remove the necessity to curb the parking lot. Petitioner would like to remove the curb and only have the lot asphalted with the appropriate parking stall striping. Stormwater plans and grading would have to be updated to accommodate this request. Due to the location staff does not have an issue with this request. However, staff has incorporated into resolution that grass areas being disturbed due to no curbing must be fixed within ten days from notification by the Plan Department. Petitioner also requesting to remove pole lights and replace with five wall box lights. Three on the tower, one on the south elevation and one on the east elevation. The lights will be high-pressure sodium. Again, due to rural nature of development staff recommends approval. Upon a roll call vote, Resolution #P.C. 110-2005 was ADOPTED unanimously. RESOLUTION #P.C. 111-2005 – Approval of a Building Site and Operation Plan for the Auto Zone and retail center located in the NE ¼ of Section 17 (Tax Key No. 2225.987.001 / Janesville Road). Commissioner Stinebaugh made a motion to approve. Commissioner Hulbert seconded. Petitioners proposing to construct an AutoZone along with retail convenience center adjacent to Walgreen’s on the southwest corner of Janesville Road and Racine Avenue. Petitioner has submitted a narrative, site plan, landscape plan, floor plan, building elevations, signage details, photometric plan, lighting specifics and a color rendering. PAGE 6 Plan Commission Minutes, continued September 20, 2005 The building meets the zoning requirements of the district and the site plan shows conformity to the City’s design guidelines. Parking shown is more than adequate. Site access is found throughout the site. A backlit monument sign to match the principal structure is proposed. Wall signage is shown on the building elevations for each future tenant. Landscaping plan has been submitted and reviewed by the City Forester. Mr. Mark Lake, Redmond Company, informed the Commission that the plan has been changed to allow traffic flow a more thorough movement throughout the site. Delivery trucks will be able to enter off Racine Avenue and exist onto Janesville Road or vice versa. The architect for Redmond Company has been working with the fire department to provide trucks ample opportunity to maneuver throughout the site. Discussion ensued on landscaping screening between the residential use and commercial use. Petitioner was also asked how many delivery trucks would be using the driveway next to residential property. Mr. Lake thought that one truck a week for AutoZone and one to two trucks a week for Walgreens. All deliveries would be made midday. Regarding signage for individual tenants, Commissioner Hulbert would like to see uniformity and keep color scheme consistent. Petitioner will work with individual tenants to keep continuity especially where corporate logos will be required. All signage will be required to be approved by Plan Department. Commissioner Hulbert made a motion to amend resolution to add, BE IT FURTHER RESOLVED, That no deliveries may occur after 10:00 p.m. or before 6:00 a.m. for the site. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 111-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 111-2005 was ADOPTED unanimously. RESOLUTION #P.C. 116-2005 – Approval of an Accessory Structure/Carport for John Balson located in the NW ¼ of Section 4 (Tax Key No. 2174.973 / S64 W18638 Topaz Drive). Commissioner Michalski made a motion to approve. Commissioner Hulbert seconded. Petitioner requesting to construct a screening device / carport. The carport will be 12’ wide by 20’ deep. This carport will house a travel trailer. The carport will have a metal covering matching the color of the principal structure. The siding of the carport will only extend downward about a foot from the roofed portion. Commissioner Michalski made a motion to amend Resolution to add, BE IT FURTHER RESOLVED, That the roof only will be allowed on structure. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 116- 2005 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 116-2005 was ADOPTED unanimously. RESOLUTION #P.C. 117-2005 – Approval of an amendment to a Building, Site, and Operation Plan for Shell Gas Station located in the SE ¼ of Section 9 (Tax Key No. 2193.070). Alderman Buckmaster made a motion to approve. Commissioner Stinebaugh seconded. Petitioner requesting to amend the previously approved Building Site and Operation by requesting approval for outdoor storage areas to include: LP gas storage in a locked cabinet along the eastern façade of the building. Have outdoor soda sales and ice sales on the southeast front corner of the building. Have seasonal outdoor salt sales and windshield wash sales between the three pumps. Have an air and vacuum unit on the southeast portion of the structure. Petitioner’s previous approval prohibited outdoor sales. At a meeting earlier this year, the Community Development Authority reviewed the proposal and concurred with Plan Commission disallowing outdoor storage. Staff does not have an issue with the air/vacuum unit, as this is common to service stations. However, Staff recommends denial of the outdoor PAGE 7 Plan Commission Minutes, continued September 20, 2005 storage items. The resolution states BE IT FURTHER RESOLVED, That the Plan Commission denies the allowance of any other outdoor storage petitioned for seeing that the outdoor storage can become unsightly and can give the approved building and site an uncohesive look. Discussion ensued regarding the light spillage onto Janesville Road. Staff is aware of this problem and has notified petitioner. After reviewing aerial photos in packets, it was noticed that there is no roof screening of mechanicals. Staff will address this issue with petitioner. Staff will follow-up on all service stations in the City for compliance to their approved Building Site and Operation Plans in relation to outdoor storage. Upon a roll call vote, Resolution #P.C. 117-2005 was ADOPTED unanimously. RESOLUTION #P.C. 118-2005 – Approval of an amendment to a Building, Site, and Operation Plan for Olson’s Outdoor Power Equipment at a property located in the SE ¼ of Section 17 (Tax Key No. 2228.999.016). Commissioner Stinebaugh made a motion to approve. Alderman Buckmaster seconded. Petitioner is requesting to change the site by adding a covered structure to the fenced in storage area on the rear of the site. Petitioner received approvals for an 18,000 square ft. area for outdoor storage. The roof, and end walls on the west and east facades will be metal siding which will match the existing structure. Stormwater calculations will be required to be submitted to the Engineering Department and Public Works Committee. All past contingencies from prior approvals are still in affect. Upon a roll call vote, Resolution #P.C. 118-2005 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE No action intended for these items. The following will be placed on the agenda as a resolution at a future meeting. DOCKET #P.C. 068-2005 – Approval of a two lot Certified Survey Map for the Posbrig property located in the SW ¼ of Section 24 (Tax Key Nos. 2240.997 and 2243.992.001 / Parker Road). DOCKET #P.C. 086-2005 – Approval of a Preliminary Plat for Rustic Trails Subdivision located in the SE ¼ of Section 7 (Tax Key No. 2188.999 / Field Drive). DOCKET #P.C. 097-2005 – Approval of an amended Conditional Use Grant for Frey Auto located in the SE ¼ of Section 34 (Tax Key Nos. 2296.996 & 2293.996.002 / Loomis Road). DOCKET #P.C. 108-2005 – Recommendation to Common Council to rezone land from RS-2 Suburban Residence District to RS-3 Suburban Residence District for a property located in the SE ¼ of Section 5 (Tax Key No. 2180.978 / S69 W19043 Lembezeder Drive). DOCKET #P.C. 114-2005 – Recommendation to Common Council to rezone land from RSE Suburban Estate District and R-2 Country Home District to RS-2 Suburban Residence District for a property located in the SW ¼ of Section 24 (Tax Key Nos. 2255.979 and 2255.998 / Ryan Road). PAGE 8 Plan Commission Minutes, continued September 20, 2005 DOCKET #P.C. 115-2005 – Approval of a four lot Certified Survey Map and a Recommendation to Common Council to rezone land from EA Exclusive Agricultural District to RCE Rural Country Home District and A Agricultural District for a property located in the SE ¼ of Section 30 (Tax Key No. 2280.999 / Parker Road). MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 9:28 p.m. Commissioner Michalski 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 PAGE 9