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PCM20050816 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:00 PM Tuesday August 16, 2005 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Damaske called the meeting to order at 7:05 p.m. Those present recited the Pledge of Allegiance. PRESENT Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Simpson, Stinebaugh, Plan Director Muenkel and Recording Secretary Asti. ABSENT Commissioner Michalski Recording Secretary Asti noted that the meeting was properly noticed on August 11, 2005 in accordance with the Open Meeting Law. MINUTES Commissioner Schaumberg made a motion to approve the minutes of the August 2, 2005 meeting. Commissioner Stinebaugh seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS FOR CONSIDERATION None. 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. Plan Director Muenkel stated that this item will be discussed at the next Plan Commission meeting. Commissioner Schaumberg made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 082-2005 was DEFERRED unanimously. 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. Plan Director Muenkel said that this item will be discussed at the next Plan Commission meeting when the Conditional Use Grant Public Hearing will be heard. Commissioner Stinebaugh made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 088-2005 was DEFERRED unanimously. Plan Commission Minutes, continued August 16, 2005 CONSENT BUSINESS Commissioner Schaumberg made a motion to Adopt Resolutions #P.C. 099-2005, and #P.C. 101--2005 engross. Commissioner Hulbert seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 099-2005 – Approval of a three lot Certified Survey Map for the Borchardt property located in the NE ¼ and SE ¼ of Section 3 (Tax Key No. 2169.987 / Martin Drive). Resolution #P.C. 099-2005 was ADOPTED unanimously. RESOLUTION #P.C. 101-2005 – Approval of Monument Signage for the Muskego Centre located in the SE ¼ of Section 8 (Tax Key Nos. 2192.970, 2192.971, and 2192.973 / Racine Avenue). Resolution #P.C. 101-2005 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 094-2005 - Approval of an annual review for Schaefer Snowplowing and Grading at the property located at W195 S9775 Racine Avenue (Tax Key No. 2274.998). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Previously approved resolutions required an annual review of this property . Approvals stated no outside storage of any equipment or LP fuel tanks be located next to the building, and that the business be limited to seventeen drivers. One site inspection found numerous outdoor storage of vehicles and equipment. Staff has been in contact with Mr. Schaefer and he has cleaned up the site considerably. A site inspection conducted today, August 16, 2005 revealed only a few trucks on site that are being used for daily business. Staff recommends approval of this resolution, subject to a follow-up staff inspection when the corn is cut to make sure the entire site is in compliance. Upon a roll call vote, Resolution #P.C. 094-2005 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 resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Petitioner requesting to rezone property to RSM, Multiple Family District. Property is currently zoned A, Agricultural. The proposal would require an amendment to the 2010 Comprehensive Plan from Agriculture and Open Lands to High Density Residential. The petitioner has included a conceptual plan of what a future development may look like along with a written narrative of their rezoning request. The conceptual plan shows twenty (20) twelve (12) unit buildings totaling 240 units of multi-family. Previously, petitioner received approval for rezoning this property from A Agricultural District to RCE/COPD Country Estate District with a Conservation Planned Development Overlay. The rezoning was dependent on the approval of a subdivision plat meeting these requirements. The petitioner removed this request. A Public Hearing for the rezoning was held before the Common Council on August 9, 2005. Two people spoke in favor of the rezoning. One was a resident who lives north of the proposed development. The other was the petitioner’s attorney who believes that the development would add excellent tax base to the City and that the business community in the area is also in favor of PAGE 2 Plan Commission Minutes, continued August 16, 2005 this development. Staff believes that the RSM zoning district is too intense for the area and that the request does not meet the intentions of the City’s Comprehensive Plan. Staff recommends denial and has provided an alternate resolution for denial purposes. Staff received a letter from the petitioner responding to items in the staff supplement. The City Attorney has not had an opportunity to review the letter and generate a response, thus staff recommends deferral. Attorney Murn addressed the Commission stating that this property has been placed in the City’s Sewer Service District for immediate sewer service. Petitioner understands that they will be required to go through the Plan Commission process, Commission is aware of what will be proposed. Alderman Buckmaster had several issues that he wanted to express to petitioner giving him time to respond at the next Plan Commission meeting. His concerns were: (1) in looking at the Comprehensive Plan, the zoning and uses of nearby property do not appear compatible with proposed use of property with high density residential development. (2) Due to the proximity of the subject property on Hillendale, and the dangers associated with potential traffic issues, the subject property is not suitable for high density residential development. (3) We have not seen any substantial or competent evidence that would basically say if you were not provided the RSM zoning, you would not have any viable uses of that property. (4) Without the relative gain to public health, safety and welfare by denying or approving the rezoning, what is the hardship to petitioner greater than public safety concerns, welfare and character of the area we are trying to establish. Attorney Murn responded to some of the concerns stating that he was not involved in the previous rezoning request. His involvement was to get this property into the sewer service area. That if there are traffic concerns, a traffic study will be done after the rezoning approvals. They have discussed the RSM rezoning with adjacent commercial district who are in favor of this development. From a tax base standpoint, the inventory of condominiums is low in this area and petitioner would be targeting the baby boomers. Commissioner Stinebaugh feels that the proposed development is totally out of place in that area. Commissioner Hulbert agrees with all points of objection given by the Plan Director. This is a rural area. Alderman Buckmaster gave one last comment: that the removal of low density zoning restrictions upon this property shall cause the property to become an incompatible land use with the surrounding properties which in and of itself could and would have a detrimental affect on character and rural atmosphere that we are trying to keep and place there. Commissioner Stinebaugh made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 095-2005 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 resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing a residential subdivision consisting of 63 lots and 3 outlots with 44 single family lots and 19 two-family lots. One of the outlots will be used for a future Church. The parcels meet the RS-2 and RSA zoning requirements and all roadways depicted meet minimum City standards. The zoning is in place for the land division, although the zoning lines are being realigned per resolution #P.C. 096-2005 to accommodate the proposed plat and the plat is thus dependent on this rezoning. One concern from Public Safety staff, is the main street leading up and through the subdivision. This could be a PAGE 3 Plan Commission Minutes, continued August 16, 2005 speeding hazard in the future and Public Safety staff has recommended traffic calming devices. The Park Board has recommended a trail be installed along Martin Drive. Conservation Commission did review the plat and initially recommended that Lots 32-34 be included in Outlot 1 to protect the wooded area further. A Preservation Easement was to be put on the Outlot and all other undisturbed wooded portions of the plat. After meeting with staff, including the City Forester who is the Liaison to Conservation Commission, it was agreed that the Preliminary Plat would reflect Lots 32-34 outside of the outlot, but the petitioners would have to return in front of Conservation Commission before Final Plat approvals and show a tree survey of affected trees on these lots. Preservation easements have been provided over the shown wooded areas and a tree survey will be complete for all remaining disturbed trees before final plat approval. Resolution #P.C. 085-2005 includes: Preservation easements should cover as much of the plat as possible and larger and additional preservation easements shall be included on Lots 11-14, 21-23 and 31. Since the development is not an OPD, staff has developed questions whether we should allow RSA zoned lots larger than 30,000 square feet. The plat notes that all RSA lots will be limited to two-family structures, but staff believes the zoning ordinance would allow more than two units if the parcel is 30,000 square feet or greater (RSA zoning allows one unit per 10,000 square feet). Thus the resolution reads: That Lots 40, 48, 50 and 51 must be less than 30,000 square feet in order to limit the lots to the proposed two-units per parcel as the zoning ordinance would otherwise allow more units on Lots 40, 48, 50 and 51. This concern was brought up during the public hearing for the rezoning, therefore this should be noted that the plat will be limited to two- family structures due to this contingency. Another issue brought up during the rezoning directly related to the preliminary plat was in relation to the access proposed off the end of Chamberlain Hill Drive on the north end of the subdivision. Some individuals felt that Access shouldn’t occur via the top of Chamberlain Hill Drive. The end of Chamberlain Hill Drive always abutted the easterly property line in anticipation that the street would go thru at a future time. Public Safety Staff has recommended that where previous developed streets abutted property lines, ample consideration should be made to connect future developments to them in order to promote alternative accesses for safety reasons. There were talks of having two accesses for the proposed subdivision off of Martin Drive, however, due to the topography, the curvature of Martin Drive, and average daily traffic, it was determined by the Engineering Department that one access directly across from Hedgewood Drive would be the best scenario. Along with the connection at the top of Chamberlain Hill Drive, the subdivision then had two access points for proper safety. One point of understanding, the proposed church Outlot may receive an access off of Martin Drive in the future if the proper measures are taken for vision corners and turning lanes. The reason the church may get an access as opposed to having another subdivision access is because the amount of daily trips that would be expected between the two uses and the peak times that the trips occur. The City Engineering Department has indicated that uses other than residential, output considerably less trips per day. Non-residential uses also generate trips at peak times during a day while residential uses are more constant. Thus, multiple PAGE 4 Plan Commission Minutes, continued August 16, 2005 ingress/egress accesses are given for non-residential uses. The same is the case with the proposed subdivision. The Engineering Department has also stressed that mixing of residential and commercial uses on the same accesses is not looked upon as favorable due to the constant trips a residential use makes when mixed in with the peak times of the non residential use. There were comments in the public hearing regarding the increased unsafe conditions that are present at the Martin Drive/Janesville Road intersection since no streetlights exist. The Engineering Department has stressed to Planning staff that this intersection will be reviewed by the County again in the short future due to the developments proposed in the area. A study was done by the County a few months back and the traffic counts still have not warranted a streetlight at this time. All other concerns will be addressed before the time of Final Plat. Staff approves of preliminary plat, however, recommends deferral until the rezoning is finalized at Common Council. Commissioner Stinebaugh made a motion to defer. Commissioner Hulbert seconded. Upon a voice call vote, Resolution #P.C. 085-2005 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 resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Hulbert seconded. Plan Director Muenkel stated that this rezoning is more of a realignment of the current zoning lines on the property than an actual rezoning. The zoning lines for the RS-2 Suburban Residence District, RSA Attached Single-Family District, and RSA/OIP Attached Single-Family District with an Institution and Public Service Overlay District are being moved and realigned to fit the actual property lines now proposed in the preliminary plat. The zoning lines that are currently in place on the petitioned property were a result of the Moorland Corridor rezoning that the City took on in early 2004. It was thought that the zoning lines put in place along the Moorland Corridor were subject to change once actual property lines were delineated. A Public Hearing was held August 9, 2005 before the Common Council in which eleven individuals spoke against the proposed rezoning and two were in favor of the rezoning. Staff has recommended approval of the rezoning realignment as presented, as it is believed that the rezoning still meets the intent of the original Moorland Corridor Rezoning. This intent was to buffer the existing single-family residential Chamberlain Hill Subdivision from the Business Park proposed for the future. The buffer was to be made up of single-family residential along with multi-family residential, and that buffer still exists in this rezoning proposal. As stated, Staff detailed the statements talked about at the public hearing in the supplement. One of the main concerns was that the original rezoning had three rows of single-family parcels between the Chamberlain Hill Subdivision and the RSA zoned area. During the Council meetings for the original Moorland Rezoning in 2004, Council requested that staff put together a concept plan of what the rezoned area may look like. This concept did show three parcels of single-family homes before the RSA zoned areas. HOWEVER, this was only under the assumption that the Chamberlain Hill owners would sell this outlot to Mr.Borchardt so he could PAGE 5 Plan Commission Minutes, continued August 16, 2005 double load Chamberlain Hill Drive with single-family homes. Without this outlot, there is not a way to get three rows of single-family houses and two rows of multi-family dwellings. The proposed rezoning would have the same implications as the current zoning with the exception that the backyard of an RSA parcel would be 100 feet further from the Chamberlain Hill Subdivision. Another concern was the possibility that the RSA lots will deteriorate property values. There is not data to support this concern. Staff recommends approval as the rezoning realignment still meets the intent of the original Moorland Corridor Rezoning. An area of residential still separates the existing Chamberlain Hill Subdivision from the multi-family zoning and the multi-family zoning still is shown as an adequate buffer to the future Business Park on Moorland Road. Commissioner Stinebaugh stated that he agrees with staff and given the space, this is a reasonable plat. Commissioner Hulbert said that an additional four acres of multi housing is being granted. He suggested that lots 50-55 can be turned into single family homes and that would create the three rows of single family housing. This was only a suggestion and he commented that things can be moved around to accommodate. Mr. Borchardt addressed the Commission stating that he may have gained acreage, however, he lost two lots. About two acres of RSA Zoning went into Outlot 1 and Outlot 2 was the stormwater retention pond and now is zoned RSA. Overall, he did not gain any RSA lots. Discussion ensued wherein Alderman Buckmaster stated that the Council was referring to the original concept that was presented eighteen months ago in determining the zoning lines and the density. Plan Director Muenkel stated that the original concept was prepared during the Moorland Corridor Rezoning to show how the street layout may look. This concept was never approved. Things have changed since that concept was done. The concept also showed that Chamberlain Drive would be double sided and that is not going to happen. Due to the amount of time that has elapsed in this process and to be fair to everyone, Alderman Buckmaster felt that the Council should take another look at this issue and possibly discuss with the abutting subdivision residents. Alderman Buckmaster made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 096-2005 was DEFERRED unanimously. RESOLUTION #P.C. 100-2005 – Approval of an amended Conceptual Building, Site, and Operation Plan for Muskego Lakes Country Club located in the NE ¼ of Section 26 (Tax Key No. 2261.978.001 / Loomis Road). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner is proposing an amendment to the original conceptual Building Site and Operation Plan approval that was granted under Resolution #P.C. 021-2005. The prior Resolution was approved with numerous contingencies. The petitioner has submitted a letter to the Commission stating his concerns and thoughts regarding the outcome of the approval, he also mentions the changes that he is proposing. The building shape has been reconfigured into a square building. The size remains the same at 7,200 square feet. The building will be located close to the existing clubhouse along the property line that abuts Stonebridge Subdivision. The offsets from the lot lines are thirty feet. The proposed building will be located off the northeastern corner of the existing gravel parking lot. Petitioner proposing a gravel driveway leading from the parking lot to the entry doors of the building. Petitioner has stated in his letter that there are young willow trees along the eastern lot line to be used as screening in the future. Staff did a site inspection and found that the willow trees would not adequately screen the building. Petitioner has also requested all hardi-plank siding and a shingled roof. The overhead doors will face to the east and south towards the Stonebridge Subdivision. PAGE 6 Plan Commission Minutes, continued August 16, 2005 Alderman Buckmaster requested further explanation on why the requirement for brick. He understands this is written in the Design Guide but questions the validity considering the location of the building. Commissioner Stinebaugh stated that after reviewing the proposal he would have little objection to the hardi-plank building but he required a shingled roof. Commissioner Hulbert does not see a compelling reason to vary from the Design Guide. He would want to see the 50% masonry and the doors facing away from the subdivision. Plan Director Muenkel stated that by approving this resolution your accepting the conceptual plan and all contingencies would have to be met when coming back for the final Building Site and Operation Plan. Mr. Bill Canfield, petitioner’s representative, addressed the Commission asking why the masonry is required in an area light commercial and residential. In driving through this area, he believes that the hardi-plank would fit into the neighborhood. Plan Director Muenkel answered that the Design Guide states that any commercial/industrial building must have 50% masonry product. This has been held for quite some time. Although this is in a different location, there is a subdivision abutting the building. When Plan Commission has reviewed buildings and sites in the past, we try to keep the sites cohesive with each other. Mayor Damaske asked for the Commission to vote. Upon a roll call vote, Resolution #P.C. 100-2005 was ADOPTED unanimously. Alderman Buckmaster asked for Reconsideration of this item. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 100-2005 was brought back to the floor with a 5-1 vote. Commissioner Hulbert voting No. Mr. Canfield stated that although the willow trees in the wetlands are not mature they will grow in the future to be used for screening. He also proposed to add arborvitaes along the property line for additional screening. Further discussion followed that the petitioner will be in contact with the City Forester to complete a landscape plan. Commissioner Stinebaugh made a motion to amend the Resolution to remove the first BE IT FURTHER RESOLVED, that the proposed storage facility, although principally used for storage, must be constructed out of 50% masonry product that matches the clubhouse to create a cohesive site that blends well with the surrounding land uses. And add, BE IT FURTHER RESOLVED, That petitioner will include arborvitaes and work with the City Forester to complete a landscape plan. Alderman Buckmaster seconded. Upon a roll call vote, amendment fails with a tie vote. Alderman Buckmaster, Commissioners Schaumberg and Stinebaugh voting Yes. Mayor Damaske and Commissioners Hulbert and Simpson voting No. Upon a roll call vote, Resolution #P.C. 100- 2005 was ADOPTED with a 5-1 vote. Alderman Buckmaster voting No. RESOLUTION #P.C. 102-2005 – Approval of a Final Plat for The Weatherwood Courts Subdivision located in the NE ¼ of Section 25 (Tax Key No. 2257.999). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Petitioner received approval for a preliminary plat by Resolution #P.C. 036-2005 for twenty (20) single family parcels and one (1) outlot. The parcels meet the RS03 zoning requirements and all roadways meet City requirements. Plan Director Muenkel stated that petitioner is requested to show the 40 foot setback along Ryan and North Cape Roads in order to give alert potential buyers on the setback restrictions of these lots. Upon a roll call vote, Resolution #P.C. 102-2005 was ADOPTED unanimously. PAGE 7 Plan Commission Minutes, continued August 16, 2005 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. 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). 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. 087-2005 – Approval of a Final Plat for The Nursery Subdivision located in the SW ¼ of Section 12 (Tax Key No. 2208.998 / McShane 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. 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). MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 8:40 p.m. Commissioner Stinebaugh seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, PAGE 8 Plan Commission Minutes, continued August 16, 2005 Sandra S. Asti Recording Secretary PAGE 9