Loading...
PCM20050906 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:00 PM Tuesday September 6, 2005 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Damaske called the meeting to order at 7:05 p.m. The audio for this meeting was not working, therefore no audio exists. Those present recited the Pledge of Allegiance. PRESENT Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Simpson, Michalski, Plan Director Muenkel and Recording Secretary Asti. ABSENT Commissioner Stinebaugh. Recording Secretary Asti noted that the meeting was properly noticed on August 31, 2005 in accordance with the Open Meeting Law. MINUTES Commissioner Schaumberg made a motion to approve the minutes of the August 16, 2005 meetings. Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 098-2005 – Approval of a Conditional Use Grant for Mike Birkley to run a tree service/landscape business located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive). This resolution was read by title only. Alderman Buckmaster made a motion to approve. Commissioner Simpson seconded. At the July 19, 2005 Plan Commission meeting, petitioner was required to apply for a Conditional Use Grant for the proposed business. The Public Hearing was held earlier this evening. Since the recommendation for petitioner to file for the Conditional Use Grant, the Common Council has removed the OHS Zoning District from the petitioned parcel and surrounding parcels. Currently, petitioner’s property is zoned RS-2, Suburban Residence. Staff has received a letter from petitioner claiming he has vested rights in the RS-2/OHS zoning, thus the Conditional Use Grant hearing and resolution were continued. Staff is recommending denial of the Conditional Use Grant for the following reasons: Even if the old zoning of RS-2/OHS was still in affect, the proposed commercial use is not seen as compatible with the surrounding suburban area due to the surrounding uses being predominantly residential; that the proposed use could negatively affect the area in regards to congestion and sound; and that the future of the area is viewed to be of a residential character in the City’s 2010 Comprehensive Plan. With the existing RS-2 zoning in affect, the proposed use is not an allowed use by right, accessory, or by Conditional Use Grant under the RS-2 zoning if the petitioner has no vested rights. Plan Commission Minutes, continued September 6, 2005 That the Plan Commission makes no determination as to whether or not the petitioner has vested rights to the RS-2/OHS zoning as the Plan Commission denied the Conditional Use Grant under both the old and new zoning categories. Mr. Mike Birkley addressed the Commission stating that there are commercial properties such as the Gun Club, Hunter’s Nest and Restaurant within yards of his property. Ms. Kurer’s property is zoned Agricultural and there are businesses being run out of the buildings on that property. So to say that his business would cause congestion and noise is not true. Mr. Birkley confronted Director Muenkel stating that he was told by the Plan Department staff that this would be the best property for his business. Director Muenkel responded that in past discussions with Mr. Birkley, he was given options of various sites and told that he needed to get Plan Commission approvals first. Mr. Birkley purchased this site and ran his business on site without getting any approvals. Petitioner continued to argue with Director Muenkel demanding an answer that the Plan Staff suggested he purchase this property. Again, Director Muenkel stated that this is an unfortunate situation. There were location options given to petitioner, some in the Industrial Park but, once again, the petitioner was required to get approvals before conducting his business. Alderman Buckmaster tried to respond to petitioner that Common Council has had discussions and heard the concerns of the surrounding residents from public hearings that the character of this area is no longer suitable for an overlay. Alderman Buckmaster stated that it is hard to believe that petitioner took root without obtaining approvals. This could have been avoided if procedures were followed. Petitioner, again, argued with staff that he was never told that this was not a good location. Discussion ensued that Resolution #P.C. 098-2005 is written to deny the Conditional Use Grant. Upon a roll call vote, Resolution #P.C. 098-2005 was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 088-2005 – Approval of a Building, Site, and Operation Plan for Michael Birkley for a Tree Service/Landscaping business located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive). This item was on the floor and deferred. Petitioner submitted this Building Site and Operation Plan in July, however, the item has been deferred until the Conditional Use Grant came to the floor for discussion. During deferral time, amendments were made and staff has given all supplemental materials to Plan Commission and petitioner for review. Staff recommends denial as the use cannot be approved without the property zoning in place. The Plan Commission has confirmed that they do not support a business operation in this area by denying the Conditional Use Grant and by removing the OHS zoning. The Resolution is drafted to deny the Building, Site and Operation Plan based on the same reasons as the Conditional Use Grant. Alderman Buckmaster made a motion to Amend Resolution as presented. Commissioner Simpson seconded. Upon a voice vote, Resolution #P.C. 088-2005 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 088-2005 was ADOPTED unanimously. PAGE 2 Plan Commission Minutes, continued September 6, 2005 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. This item has been deferred to allow the City Attorney time to review a letter from the petitioner’s representative and submit an analysis. Staff has included the City Attorney’s review in the supplement. The City Attorney states that there is nothing in the ordinances to prohibit a property in the sewer service area from remaining in the agricultural zoning district. There is no requirement or code that the property be placed in a different zoning category now just because it may be in a sewer district. th Attorney Murn responded to the items during the August 16 meeting and has submitted a letter going over the traffic issue. His August 22, 2005 letter states that a future development could work around any traffic concerns. Staff found that including the parcels into the sewer service area, the recommendation to comply with the old rezoning approval of RCE/COPD should not apply. The RCE district is intended for unsewered development. Any new zoning district for the petitioned parcels should meet the 2010 Comprehensive Plan. The zoning should allow development that is of the same character with the surround area. Staff recommends denial and the reasons and comments are listed in the resolution. Director Muenkel stated that letters were received today from Ms. Schmitt and Attorney Murn requesting deferral since legal council was unable to attend the meeting and that they were unaware that the item was going to be discussed tonight. Staff noted that the agenda and supplement were mailed out mid last week to petitioner. Mr. Tom Stang, another representative for petitioner, addressed Commission asking for deferral of this item. Mr. Stang stated that petitioner would like an opportunity to present a significant presentation with a lot of information at the next Plan Commission meeting. Mr. Stang also stated that Attorney Murn was not in the office on Friday or Monday and did not see the Plan Commission Agenda that was mailed out last week. Director Muenkel requested that all new information be submitted to the Plan staff this week. Any new information will be placed in packets and distributed to Commissioners giving them an opportunity to review all materials prior to the next Plan Commission meeting. Director Muenkel stated that this item could be acted on this evening, either by deferral or denial; as the final rezoning determination is made by the Common Council. Alderman Buckmaster stated that the Common Council operates a closed committee and petitioner would not have an opportunity to speak at the meeting. Commissioner Schaumberg made a motion to defer. Alderman Buckmaster seconded. Upon a voice vote, Resolution #P.C. 095-2005 was DEFERRED unanimously. 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 the petitioner and Alderman to work out differences with the proposed rezoning lines. Staff still recommends approval of the rezoning as it meets the intent of the original Moorland corridor rezoning. The area of the residential separates the existing Chamberlain Hill Subdivision from the multi-family. The multi-family has an adequate buffer to the future Business Park on Moorland Road. Alderman Buckmaster stated that due to the PAGE 3 Plan Commission Minutes, continued September 6, 2005 holiday, he has not been able to get in contact with Mr. Borchardt. Alderman Buckmaster requested this item to be deferred until he can meet with Mr. Borchardt to address the items of concern. Mr. Borchardt has no objection to the deferral. Alderman Buckmaster made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 096-2005 was DEFERRED unanimously. 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 Schaumberg 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. Alderman Buckmaster made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 085-2005 was DEFERRED unanimously. CONSENT BUSINESS Commissioner Schaumberg made a motion to Adopt Resolutions #P.C. 083-2005 and #P.C. 107-2005 engross. Commissioner Hulbert seconded. Upon a voice vote, the motion passed unanimously. RESOLUTION #P.C. 083-2005 – Approval of an amended Building, Site, and Operation Plan for the Police Firearms Range located in the NE ¼ of Section 36 (Tax Key Nos. 2301.998). Resolution #P.C. 083-2005 was ADOPTED unanimously. RESOLUTION #P.C. 107-2005 – Approval of a Building, Site, and Operation Plan for a Hobby Kennel located in the NW ¼ of Section 24 (Tax Key Nos. 2254.999.002 & 2254.999 / S87 W13205 Priegel Drive). Resolution #P.C. 107-2005 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 087-2005 – Approval of a Final Plat for The Nursery Subdivision located in the SE ¼ of Section 12 (Tax Key No. 2208.998 / McShane Drive). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Michalski seconded. Petitioner received Preliminary Plat approval on June 7, 2005. The Final Plat consists of six residential parcels and one outlot. The parcels meet the RS-2 zoning requirements for sewered lots and all roadways meet minimum City requirements. Petitioner has allowed right-of-way access to the east abutting parcel. The land owners to the east have submitted a letter to the Plan Department stating they have no objection with the right-of-way. No right-of-way access is needed to the west or south. Lot 6 contains wetlands and a “Wetland Easement” was placed on parcel that encompasses the wetland areas and a ten foot buffer around the wetland area. Developer has noted that a split rail fence will be placed on Lot PAGE 4 Plan Commission Minutes, continued September 6, 2005 6 to further protect the wetlands and warn residents that wetlands are present. The Final Plat notes that the owners of Lot 6 will be responsible for maintaining the split rail fence. Upon a roll call vote, Resolution #P.C. 087-2005 ADOPTED unanimously. RESOLUTION #P.C. 104-2005 – Approval of a Building, Site, and Operation Plan amendment for Muskego Lakes Country Club located in the SE ¼ of Section 26 (Tax Key No. 2261.978.001 / STH 36). This resolution was read by title only. Alderman Buckmaster made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct a 60’ x 120’ maintenance building located to the northeast of the existing clubhouse. The building will be located ten feet away from the wetland boundary. Petitioner proposing to extend gravel parking area from the existing gravel parking towards the new building. Petitioner will add gravel between the proposed building and the existing gravel area and add twenty feet of gravel to the west of the building for access to the western facing doors. The north and east sides of building will remain as green space. The submitted proposal shows that north and south elevations of the building contain 38% (due to gable end) masonry product and the west and east elevations contain 50% masonry product. There will be a six foot high band of “Novabrik” wainscoting around the base of the entire building. The upper portion of the building will be clad with steel siding. Building will have a shingle roof. Commissioner Hulbert stated that he is not familiar with the Novabrik product. Commissioner Michalski replied that it is a quality product and he has no concerns using this product for this application. Commissioner Hulbert felt that the parking is inadequate. He would like to see hard surface parking stalls for employees of this new building. Mr. Kurt Malner, Canfield Construction, stated that he cannot speak for the owner of the property, but was under the impression that due to required improvements, plans for additional asphalt will be done in the future. Discussion ensued suggesting areas where the employee parking could be located. Commissioner Hulbert made a motion to amend the resolution to add, THEREFORE BE IT FURTHER RESOLVED, That one paved parking stall per employee of the new building would be in place by July 1, 2006. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 104-2005 was Amended with a 5-1 vote. Alderman Buckmaster voted No. Upon a roll call vote, Amended Resolution #P.C. 104-2005 was ADOPTED unanimously. 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 resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to add a new employee parking lot on the corner parcel which will include twenty-four parking stalls for employee use only. Asphalt will cover the whole lot with the option of having the employee parking area having brick pavers. Existing fencing on the south property line already screens the view from the neighboring parcels. Material bins along the rear of the lot will be screened by poured concrete walls and landscaping. A landscaped walkway with pavers is proposed for the entrance along with two additional customer parking stalls. A retaining wall will create a courtyard feel to the front entrance of the building and will partially hide the employee parking. On the eastern side, there will be additional landscaping and courtyard area with two additional employee parking stalls. The City Forester has reviewed and approved the landscaping plans. This property is within the Redevelopment District #1. Therefore, the Community Development Authority is required to review this proposal for any additional requirements. This item is on the September 12, 2005 Community Development Authority Agenda. Alderman Buckmaster stated that he has no problem with this proposal but has a PAGE 5 Plan Commission Minutes, continued September 6, 2005 concern that this should be reviewed by the CDA first and then brought to the Plan Commission. Director Muenkel stated that petitioner requested this be brought forward contingent upon CDA approval. Alderman Buckmaster does not want future businesses to go outside of the reviewing process. He wants to make sure that Plan Commission see the recommendations from The Community Development Authority. Commissioners Michalski and Hulbert agreed with Alderman Buckmaster. Commissioner Hulbert made a motion to defer to allow the Community Development Authority to review and make recommendations to the Plan Commission. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 105- 2005 was DEFERRED unanimously. RESOLUTION #P.C. 106-2005 – Approval of a Building, Site, and Operation Plan for a park shelter at Idle Isle Park located in the NW ¼ of Section 4 (Tax Key No. 2174.959 / W182 S6666 Hardtke Drive). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Michalski seconded. This proposal is to remove the existing shelter, construct a new shelter that will be partially enclosed and partially covered and located in the general area of existing structure. The building will be constructed with painted hardi-plank siding with painted polymer board trim. The roof will have architectural dimensional shingles. The color of the siding, trim and shingles will be earth tones, similar to the Veterans Park Shelter. New pavement will be placed around the new building and will tie into the existing pavement on site. Two new lights will be added to the wall of the building above the two north side doors. There will be lights under the open pavilion and on the overhangs to help prevent vandalism. The existing light pole will remain. Commissioner Hulbert was not aware that hardi- plank will be used. Commissioner Michalski stated that this product is better than cedar and is very hard to vandalize. Upon a roll call vote, Resolution #P.C. 106-2005 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. 026-2005 – Approval of a four 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). 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. 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 located in the SW ¼ of Section 30 (Tax Key No. 2279.993 / Crowbar Drive). PAGE 6 Plan Commission Minutes, continued September 6, 2005 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). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 8:13 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 7