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PCM20050503 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:00 PM Tuesday May 3, 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 Schaumberg, Simpson, Stinebaugh, Michalski, Interim Plan Director Muenkel and Recording Secretary Asti. ABSENT Commissioner Hulbert Recording Secretary Asti noted that the meeting was properly noticed on April 27, 2005 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the April 19, 2005 meetings. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 046-2005 – Recommendation to Common Council to rezone land from A Agricultural to RS-2/OPD Suburban Residence District with a Planned Development Overlay District, and a 2010 Plan Amendment from Agricultural and Open Lands to Medium Density Residential for Woodland Creek Addition #1 located in the NE ¼ of Section 20 (Tax Key No. 2237.994 / Racine Avenue). This item was on the floor and deferred. This item was deferred pending the completion of a Waukesha County traffic study for Racine Avenue. As of this date, the study is not completed. Discussion has taken place regarding rezoning and if development should continue in this area. There is a concern of restricting the growth in this area to the south. Staff recommends approval for rezoning for the original subdivision which is same density. Sewer and water have been approved. Alderman Buckmaster thanked the Commissioners for allowing this item to be deferred and also thanked Staff for their time in reviewing this item. The May 12, 2005 Committee of the Whole meeting will focus on the area of this development but mainly parcels to the south. The parcels to the south will be looking at lowering the density to meet the 2010 Plan. Alderman Buckmaster also stated that the Committee will verify the direction given to staff for future development south of current parcel. He has no objections to passing this item to Common Council. Upon a roll call vote, Resolution #P.C. 046-2005 was ADOPTED unanimously. RESOLUTION #P.C. 050-2005 – Approval of an amendment to a Building, Site, and Operation Plan and an amendment to a Conditional Use Grant for the George Alex property located in the NE ¼ of Section 25 (Tax Key No. 2257.973.001). This item was on the floor and deferred. This item was deferred to allow the Plan Commissioners time to review the minutes from the April 19, Plan Commission Minutes, continued May 3, 2005 2005 Public Hearing. Interim Plan Director Muenkel stated that the petitioner has submitted a request for two signs as part of the amended Building Site and Operation Plan. One will be a monument sign placed in front of the entrance to the southern building on the property. The sign measures 3.5 feet by 8 feet. The sign will be externally luminated with a 70 watt bulb on each face. The sign will be made of plywood and have vinyl lettering. Staff recommends approval of the sign subject to all colors matching those found on the principal structures and subject to the lighting being controlled to only the sign faces. The other sign being proposed measures 24 inches by 41 inches and reads “U-Haul Rentals” and will be located on the pillar on the office front of “Creative Karting”. This signs appears to be made out of a hard plastic material. Approval has been given to Creative Karting for a twelve square foot sign located on the peak of this office frontage. Staff believes that one place for signage on this façade is sufficient. Any other signage could be in the approved area for the building or on right-of-way monument signing. The resolution reads to disallow extra ancillary signage. Commissioner Michalski agrees with staff to not allow extra ancillary signage. Alderman Buckmaster made a motion to amend resolution as presented reflecting the changes for signage. Commissioner Simpson seconded. Upon a voice vote, Resolution #P.C. 050-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 050-2005 was ADOPTED unanimously. RESOLUTION #P.C. 058-2005 – Approval of an amendment to a Building, Site, and Operation Plan for Marathon Gas Station located in the SE ¼ of Section 9 (Tax Key No. 2193.070). This item was on the floor and deferred. Interim Plan Director Muenkel stated that this item was deferred pending petitioner showing building elevations with 50% masonry as required in the General Design Guide. Petitioner has resubmitted building elevations showing 100% masonry of the three wall faces fronting the roadways to be incorporated with split face block in two different colors. Interim Plan Director Muenkel mentioned that the dumpster enclosure is still shown to be located on the east side of the property. The Community Development Authority recommended the refuse container could be placed on the west side of the property, however due to existing trees, this was not feasible. Staff is comfortable with the new landscaping for the dumpster enclosure. Petitioner proposes a yellow and red sign reading “Food Mart” to be placed on the front entrance of structure. Also proposed is a red fluorescent lighting strip along the base of the yellow canopy and the word “Shell” incorporated as a sign on the east and west elevations of canopy. The “Shell” sign does not meet the 5% wall sign requirement. Interim Plan Director Muenkel stated that the “Shell” sign be allowed as long as the writing is restricted to no more than 5% of the elevation area and plans with new signage are submitted to the Plan Department. The main color of the canopy is to be white to meet the Downtown Design Guide requirement and match the main colors of the principal structure. Commissioner Schaumberg made a motion to amend resolution as presented reflecting the changes of the masonry on the building elevations, and signage. Commissioner Stinebaugh seconded Upon a voice vote, Resolution #P.C. 058-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 058-2005 was ADOPTED unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 128-2004 – Approval of an amended Building, Site, and Operation Plan for Premier Limousine located in the SE ¼ of Section 9 (Tax Key Nos. 2193.123, 2193.124, 2193.125 / Janesville Road). This item was on the floor and deferred. Nothing new has been submitted. Alderman Buckmaster made a motion to defer. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 128-2004 was DEFERRED unanimously. PAGE 2 Plan Commission Minutes, continued May 3, 2005 RESOLUTION #P.C. 021-2005 – Approval of a 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 item was on the floor and deferred. Nothing new has been submitted. Commissioner Schaumberg made a motion to defer. Commissioner Simpson seconded. Upon a voice vote, Resolution #P.C. 021-2005 was DEFERRED unanimously. RESOLUTION #P.C. 024-2005 – Approval of an Amended Building Site and Operation Plan for Inpro Corporation located in the NW ¼ of Section 16 and the NE ¼ of Section 17 (Tax Key Nos. 2221.001, 2221.002, 2221.003, 2221.004 and 2221.006.001 / Apollo Drive). This item was on the floor and deferred. Nothing new has been submitted. Commissioner Michalski made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 024-2005 was DEFERRED unanimously. CONSENT BUSINESS RESOLUTION #P.C. 063-2005 – Approval of an Annual Review for sale of fireworks for Lynn Sorce at the Sentry property located in the SE ¼ of Section 8 (Tax Key No. 2192.973 / W189 S7847 Racine Avenue). This item was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 063-2005 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION. RESOLUTION #P.C. 049-2005 – Approval of a two lot Certified Survey Map and a recommendation to the Common Council to rezone land from RSE Suburban Estate District to RS-2 Suburban Residence District and a 2010 Plan Amendment from low-density residential to medium-density residential for the Watson property located in the NW ¼ of Section 13 (Tax Key No. 2211.056 / Durham Drive). This resolution was read by title only. Alderman Buckmaster made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to divide one parcel to create two residential parcels. Petitioner is also applying for a Rezoning from RSE to RS-2 and a 2010 Plan Amendment. A Public Hearing was held on April 26, 2005 in front of the Common Council. Minutes were handed to Commissioners prior to the start of this Plan Commission meeting. There were no comments made either in favor or against this item at the Public Hearing. Technical review by engineers is pending. No comments have been received by the Plan Department. Commissioner Stinebaugh agrees with staff and added that since it was the road dedication was needed for the land division causing this situation to arise, we should honor what was fundamentally there. Upon a roll call vote, Resolution #P.C. 049-2005 was ADOPTED unanimously. RESOLUTION #P.C. 054-2005 – Approval of a Preliminary Plat and rezoning from RCE Country Estate District to RCE/COPD Country Estate District with a Conservation Planned Development Overlay District for Rustic Trials Subdivision located in the SE ¼ of Section 7 (Tax Key No. 2188.999 / Field Drive). This resolution was read by title only. Alderman Buckmaster made a motion to approve. Commissioner Simpson seconded. Petitioner proposing a six lot single family residential subdivision with two outlots and a rezoning to a Conservation Planned PAGE 3 Plan Commission Minutes, continued May 3, 2005 Development. The proposed parcels meet the RCE/COPD zoning requirements. Conservation subdivisions are required to have 50% of the land as open space. Petitioner is proposing Outlot 1 will consist of 60% of the lands. A wetland preservation easement has been incorporated on the wetland areas. The Conservation Commission has reviewed the plat on a conceptual level and feels that it has high conservation qualities that they would like to preserve. They recommend approval of the plat to Plan Commission. With the donation of Outlot 1, Conservation Commission recommends waiving the conservation fees. On Outlot 1 there is an improved walking trail marked out with cedar fencing. This would be part of the City’s conservation lands and maintenance will be carried out by the City Forester. The RCE/COPD zoning is requested to incorporate the clustered development concepts that a conservation subdivision promotes. The developers are not requesting any additional bonus lots. The development is promoting conservation standards such as preservation of environmental features identified in the adopted Conservation Plan and providing for access by the general public to trails, parks or other recreational facilities. A Public Hearing for the rezoning was held on April 26, 2005 before the Common Council. Minutes were given to the Plan Commissioners. People spoke against the rezoning at the Public Hearing. The Plan Department has received many letters and emails against the rezoning and copies have been provided to all the Aldermen and Plan Commissioners. All public input was against except for one letter was favorable. The main objections to this development were: Development would incorporate 1+ acre lots not the 2.75 acres that surround parcel. Development clusters the housing making the feel of the surrounding neighborhood less dispersed. Conservation land should not be dedicated to the City, so that the city does not have to maintain these lands in the future. Walking trails only benefit owners and is not needed by the City. Proposed development will destroy wildlife habitation in the area. Development will bring high traffic to Field Drive. The main approvals for the development were: Development of 1 acre lots is ample. Preserving national resources is key. Martin Estates Subdivision had the same opposition and now is being viewed as a quality subdivision. Efforts should continue to be made to integrate off road systems. Development should have strong architectural standards to contribute to surrounding property values. Staff recommends approval due to the plat meeting and exceeding requirements of City’s Conservation Ordinance. Due to recommendation from Conservation Commission to cluster development to preserve environmental lands, staff feels parcels are being developed in an appropriate way in order to conserve as many environmental lands as possible. Without the COPD Ordinance, the parcels could be divided up considerably more resulting in greater destruction of parcel. Alderman Buckmaster stated that typically we look to the area south of Woods road as a lower density and more rural zoning. In this instance, this is one pocket that is very rare. A cluster development here would engender a concentration of population that would only lead in future years to higher density. He said he understands the importance of Conservation Subdivisions, but he does not see a threat to conservation qualities to this area by keeping it as RCE. PAGE 4 Plan Commission Minutes, continued May 3, 2005 Normally we look to rezone to prevent objectionable uses from occurring. In this area he thinks this is a pocket that needs to stay RCE. However, this does not prevent any development from this area. In his opinion, to grant the COPD would not be in the best interest of the community development for Muskego at this time. Alderman Buckmaster requested Mayor Damaske to consider waiving the rules and allow Alderman Melcher, being the district alderman, the opportunity to speak on behalf of the residence. Alderman Melcher stated that he was asked to look at this resolution very seriously. Many people have expressed opposition to it. There was a meeting over the weekend with 21 people in attendance along with a submitted petition having 82 names of people opposing to this change of zoning. All the items mentioned by Alderman Buckmaster are true, this is a unique section in the City. The people would like to preserve that country estate with farmland, a place for horses and to enjoy wildlife. They cannot see clustering of homes on a 1.3 acre plot that would be mostly close to the road as fitting into the area along Field Drive. Hillendale and Twin Ponds also have a concern in having the same County Estate zoning. The citizens have spoken and it is important for us, as representatives, to listen and respond in a way that is fitting to what they say. A suggestion to change notification of rezoning public hearings would be to post a sign on the property when it is to be rezoned allowing neighbors to be aware of the rezoning request. Only three people were aware of the Public Hearing for this matter and that is the reason for the petition. Alderman Melcher requested that the Commission be conscience of the feelings that have been expressed and go along with their viewpoint. Interim Plan Director Muenkel wanted to make a point of clarification for the future that any property owner has a right to develop their parcel. If the item was to be voted down, the developer has the due process right to resubmit a development utilizing the existing zoning and a development such as this could take up the entire parcel. Also, if zoning is not changed in a newly requested development, the City is under no obligation to notify any surrounding property owners. Upon a roll call vote, Resolution #P.C. 054-2005 was DENIED unanimously. RESOLUTION #P.C. 062-2005 -- Approval of a two lot Conceptual Certified Survey Map for the Wertz property located in the SW ¼ of Section 25 (Tax Key No. 2259.987 / Loomis Drive). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Michalski seconded. Interim Plan Director Muenkel stated that this conceptual Certified Survey Map violates the City’s Land Division Ordinance due to the width of Outlot 1 at the entrance off of Loomis Drive. The petitioner would like the land division to have Lot 1 as a residential property and Outlot 1 used for agricultural purposes only. Petitioner’s representative, Bill Henrichs from Landcraft Survey and Engineering, approached the Commission that Mr. Lossman is willing to incorporate language on the Certified Survey Map that no dwellings shall be allowed on parcel and should be used for Agricultural purposes only. Mr. Lossman has been gardening on this property for thirty years and would like a guarantee to be able to continue gardening in the event something would happen to the present owner. Staff feels that this would request would permit a flag lot, and allowing notes to forbid future development could ultimately lose validity in the future. Commissioner Stinebaugh made a motion to defer. No second. Commissioner Stinebaugh withdrew his motion. Suggestions were given to petitioner to obtain a lease agreement with present owner allowing him to continue gardening. Upon a roll call vote, Resolution #P.C. 062-2005 was DENIED unanimously. PAGE 5 Plan Commission Minutes, continued May 3, 2005 RESOLUTION #P.C. 064-2005 – Approval of an Amended Building Site and Operation Plan for the Sindic property located in the SW ¼ of Section 9 and the NW ¼ of Section 16 (Tax Key No. 2195.981 / Racine Avenue). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Petitioner is planning to occupy part of the building and Richlonn’s Tires will occupy the other part of the building. Proposal will add a storage area to the property and will repair, reseal and re-stripe the existing parking lot. Petitioner proposing a storage area to be located in the rear of the parking lot with a five foot fence on two sides. This storage area will be used for all garbage, recycling containers, and tires. Discussion ensued wherein the storage area should have a fence on all four sides with privacy slats. Commissioner Michalski made a motion to amend the resolution to read in the first BE IT FURTHER RESOLVED, That the entire storage area shall be fenced in and that all sides of the fence shall have privacy slats. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 064-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 064-2005 was ADOPTED unanimously. nd RESOLUTION #P.C. 066-2005 – Approval of a 2 Accessory Structure for Dan Martin located in the NE ¼ of Section 2 (Tax Key No. 2165.990 / W146 S6503 Tess Corners Drive). This resolution was read by title only. Commissioner Michalski made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to construct a second accessory structure will measure 24’ x 48‘ (1,152 square feet). Currently there is one residence on property along with two accessory structures. One structure is 320 square feet and the other is 637 square feet. The 637 square foot structure will be torn down after the proposed building is completed. In the past there have been complaints regarding outdoor storage on this parcel. The resolution states that all outdoor storage in the yard must be relocated and enclosed with the new accessory structure. The 637 square foot accessory structure must be completely removed within thirty (30) days of final occupancy of new accessory structure. Upon a roll call vote, Resolution #P.C. 066-2005 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. 061-2005 – Approval of a Building, Site, and Operation Plan for a Retail Convenience Center for a property located in the NE ¼ of Section 10 (Tax Key Nos. 2198.990.001 and 2198.985.062). DOCKET #P.C. 065-2005 – Approval of a Preliminary Plat for The Nursery Subdivision located in the SW ¼ of Section 12 (Tax Key No. 2208.998 / McShane Drive). DOCKET #P.C. 067-2005 – Approval of a Building, Site, and Operation Plan for G & G Specialized Carries LLC located in the NE ¼ of Section 17 (Tax Key No. 2225.999.011 / Apollo Drive). PAGE 6 Plan Commission Minutes, continued May 3, 2005 MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Stinebaugh made a motion to adjourn at 8:08 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