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PCM20050419 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:15 PM Tuesday April 19, 2005 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Damaske called the meeting to order at 8:08 p.m. PRESENT Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Simpson, Stinebaugh, Michalski, Plan Director Muenkel, Associate Planner Trzebiatowski and Recording Secretary Asti. Recording Secretary Asti noted that the meeting was properly noticed on April 14, 2005 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the March 15, 2005 meeting. Commissioner Schaumberg 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. 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 resolution was on the floor and deferred. Commissioner Hulbert made a motion to defer. Commissioner Simpson seconded. Upon a voice vote, Resolution #P.C. 128-2004 was DEFERRED unanimously. 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 resolution was on the floor and deferred. Commissioner Schaumberg made a motion to defer. Commissioner Michalski 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 resolution was on the floor and deferred. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 024-2005 was DEFERRED unanimously. Plan Commission Minutes, continued April 19, 2005 CONSENT BUSINESS Alderman Buckmaster made a motion to Adopt Resolutions #P.C. 048-2005, #P.C. 051-2005, #P.C. 053-2005, #P.C. 055-2005 and #P.C. 056-2005 engross. Commissioner Stinebaugh seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 048-2005 – Approval of a two lot Extraterritorial Certified Survey Map for the Moore property located in the SE ¼ of Section 8 in the Town of Norway. This resolution was ADOPTED unanimously. RESOLUTION #P.C. 051-2005 – Approval of a four lot Certified Survey Map for the Stern property located in the SW ¼ of Section 1 and the NW ¼ of Section 12 (Tax Key No. 2206.998.002 / Tess Corners Drive and Woods Road). This resolution was ADOPTED unanimously. RESOLUTION #P.C. 053-2005 – Approval of a temporary outdoor vendor benefit at the Sentry Foods located in the Muskego Centre (W189 S7847 / Racine Avenue). This resolution was ADOPTED unanimously. RESOLUTION #P.C. 055-2005 – Approval of a two lot Certified Survey Map for the Kastello property located in the SE ¼ of Section 5 (Tax Key No. 2180.973 / Hillendale Drive). This resolution was ADOPTED unanimously. RESOLUTION #P.C. 056-2005 – Approval of a two lot Certified Survey Map for the Haut property located in the SE ¼ of Section 31 (Tax Key No. 2283.999.003 / W216 S10891 Crowbar Road). This resolution was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 044-2005 – Approval of a condominium plat of Overlook Bay Apartments, Building #5 located in the SE ¼ of Section 8 and NE ¼ of Section 17 (Tax Key No. 2192.978.005 / W192 S7859 Overlook Bay Road). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Schaumberg seconded. Petitioner plans to divide an existing eight family structure into condominiums. Petitioners from this apartment complex are slowly converting each apartment unit into a condominium. All technical concerns have been addressed. Upon a roll call vote, Resolution #P.C. 044-2005 was ADOPTED unanimously. RESOLUTION #P.C. 045-2005 – Approval of a temporary off-site sign for Atonement Lutheran Church located on the Borchardt property in the 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 Michalski seconded. Petitioners proposing approval for an off-site temporary sign showing that a church will be built on property in the future. The current property owner has provided an approval letter allowing the sign on parcel. The sign will be 40 square feet, with blue and white colors and constructed by a professional carpenter. Petitioners will have a group of individuals maintain the sign. Petitioner’s requested that the sign be kept up until the church is completed in December, 2008. The ordinance allows off-site PAGE 2 Plan Commission Minutes, continued April 19, 2005 development signage for nine months with extensions. The resolution reads that sign will be allowed until completion of church and will be continually monitored by the Planning Department. Commissioner Hulbert requested that a time period for monitoring the sign be written in the resolution. Commissioner Hulbert made a motion to amend the resolution to add, BE IT FURTHER RESOLVED, That the Plan Department will review the maintenance of the sign on an annual basis until the church is completed. Commissioner Stinebaugh seconded. Upon a voice vote, motion to Amend Resolution #P.C. 045-2005 was Adopted unanimously. Upon a roll call vote, Amended Resolution #P.C. 045-2005 was ADOPTED unanimously. 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 resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Hulbert seconded. This proposed rezoning is for properties located south of high school. Previously, Plan Commission approved preliminary plat and rezoning for parcels to the east. Plan Commission also approved a conceptual plan approving densities for both Woodland Creek and this future addition. On March 22, 2005 a public hearing was held before the Common Council with a brief discussion on how the future subdivision will affect traffic onto Racine Avenue. The developer is responsible for meeting Waukesha County traffic needs. Alderman Buckmaster commented that the Public Works Committee has requested that a traffic study be conducted. The committee is waiting for results from traffic flow study and will take that information and base their decision on the results of the study. He also stated that the conditions set forth by Waukesha County are minimum requirements. The residents in this area are concerned with the additional traffic onto Racine Avenue. Commissioner Hulbert agreed with concerns from Alderman Buckmaster and also stated that the Park Board is taking a look at some type of connection path being either an equestrian or pedestrian walkway. Commissioner Simpson suggested discussing the entry points when the subdivision plat comes for approval. To delay rezoning is not the best route to take at this time. Alderman Buckmaster made a motion to defer this item until the results are received from the Traffic Study. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 046-2005 was DEFERRED with a 6-1 vote. Commissioner Simpson voting No. RESOLUTION #P.C. 047-2005 – Recommendation to Common Council to rezone properties within the groundwater recharge area and protection zone of the Champions Village Well Numbers 10 and 11 to include the OWP Wellhead Protection Overlay District, located in the SE ¼ and SW ¼ of Section 24, the NE ¼ of Section 26, and the NE ¼, NW ¼ SE ¼, and SW ¼ of Section 25. This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Due to development driven public water extensions to the southeast properties of the City, the City of Muskego has requested that the City’s Utility acquire the Champions Village private water system, and incorporate them into the municipal distribution system. State regulations require that the planning for all new municipal well sites, including the acquisition of existing wells, include a Wellhead Protection Plan and the establishment of a Wellhead Protection (OWP) Zoning District. The City has completed a Wellhead Protection Plan for this system. A Public Hearing was held before the Common Council on March 22, 2005. A representative from the City’s Consulting Engineers, Ruekert & PAGE 3 Plan Commission Minutes, continued April 19, 2005 Mielke, discussed the Wellhead Protection Plan. Upon a roll call vote, Resolution #P.C. 047- 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 resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Hulbert seconded. This item was discussed at a Public Hearing that was held prior to the start of the Plan Commission meeting. Petitioner has combined properties in order to incorporate one Conditional Use Grant and Building Site and Operation Plan. There were two Conditional Use Grants for property. One grant is for a building already located on the southern portion of the property and is for a mini-warehouse self-storage facility. The other grant is for the northern portion of property to allow another mini-warehouse storage facility and for the allowance of eight vehicles for sale. The new amendment is to continue the current use for mini-storage facilities, to remove the allowance of vehicles for sale on the property and to allow the operation of an auto-repair building within the building located on the northern portion of property. The petitioner proposes to amend the approved Building, Site, and Operation plans to allow the following: 1. Change the eight parking stalls along the corner of USH 45 and Loomis Court from allowing 8 vehicles for sale to allowing 6 of the stalls for employee and customer parking for the auto-repair business and 2 of the stalls for the parking of rental vehicles (With only one spot to accommodate a rental vehicle of 26 feet at any one time). 2. Convert an open space area along Loomis Court to an enclosed area for outdoor storage of vehicles, trailers, and rental units. 3. Change the building elevation of the building on the northern portion of the property to include 7 new windows. 4. Allow 50 square feet of space in front of the office of the building on the southern portion of the property to be used for the display of goods for sale. Staff feels that that parking stall use is appropriate, as the auto-repair business may require additional stalls for employees and customers. The addition of the storage of rental vehicles in two of the parking stalls appears to break up the cohesiveness of the site and surrounding area. These vehicles should be placed in the fenced in storage are along Loomis Court. The use of outdoor display of goods is allowed. The resolution reads to allow this outdoor display of goods as long as there is a limit of no more than 5 small motor vehicles at one time and it is strictly limited to the 50-foot display area. If all contingencies are met, staff recommends approval. The Engineering Department is requiring stormwater management plans and petitioner must consult with the Director of Engineering before any new improvements are made. Alderman Buckmaster stated that he does not feel comfortable making a decision on an issue that has had a Public Hearing on the same night. He feels that this item should be deferred to allow the Commission the opportunity to research and digest the statements that were expressed at the Public Hearing. Commissioner Stinebaugh added that after walking around the building he was very pleased and feels that this will add to the neighborhood. He also feels that two auto repair businesses can co-exist in the same area; particularly if one is specialized. He did question the operation of the U-Haul business. Mr. George Alex, petitioner, addressed the Commission stating that there are two parking spots that will be used for rotation PAGE 4 Plan Commission Minutes, continued April 19, 2005 vehicles. These are vehicles used for local use. Creative Karting manages the U-Haul business for Mr. Alex. It was discussed that the rental vehicles be placed in the fenced in area. Commissioner Hulbert believes that this is a viable area and would like to see orderly development continue and not restrain trade. Alderman Buckmaster again expressed his concern to take time to review all comments from Public Hearing. Commissioner Hulbert stated he would support deferral on items with Public Hearings but should be looked at on a case by case basis. Alderman Buckmaster made a motion to defer. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 050-2005 was DEFERRED with a 6-1 vote. Mayor Damaske voting No. RESOLUTION #P.C. 052-2005 – Approval of a mother-in-law unit for the Gerrits property located in the NE ¼ of Section 3 (Tax Key No. 2166.998 / S63 W15487 College Avenue). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to add a mother-in-law unit to existing residence. Mother-in-law are allowed subject to certain conditions which are: unit be occupied by relations to the family; unit be no more than 800 square feet; unit is self-supporting for livable needs; and there is a non-lockable door to main residence. This proposal meets all requirements except the square footage. Petitioner proposes the unit to be 1200 square feet. Plan Commission does not have the authority to grant such a variance, this must be heard before the Zoning Board of Appeals. The resolution reads to allow an 800 square foot unit. Upon a roll call vote, Resolution #P.C. 052-2005 was ADOPTED unanimously. RESOLUTION #P.C. 057-2005 – Approval of an Accessory Structure for James Haut located in the SE ¼ of Section 31 (Tax Key No. 2283.999.003 / W216 S10891 Crowbar Road). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Michalski seconded. Petitioner proposing to construct a 24’ x 36’ steel sided and steel roofed accessory structure. The proposed structure does not incorporate the same architectural materials that exist on the primary residence. Plan Commission may approve or disapprove structures not meeting architectural requirements when any of the following are met: 1. Structure is screened from view. 2. Principal structure is composed of materials, colors or styles that are inappropriate in applications to accessory structure. 3. Plan Commission finds other circumstances to be present which would result in undue harm to the property or its surroundings. 4. When area is not found to be predominately residential. The structure will be located approximately 108 feet from road and 52 feet to the nearest side lot line. Staff recommends approval finding no undue harm to the surrounding properties and that the surrounding area is not predominately residential, which permits the waiving of the architectural requirements. Upon a roll call vote, Resolution #P.C. 057-2005 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 resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Simpson seconded. Petitioner proposing to enhance site by refacing the current structure and overhang, add an additional gas pump, add a definable site layout with parking, add refuse enclosure, and remove and resurface the driving area. This proposal meets the bulk requirements of the Zoning Code. The building does not meet the 50% masonry requirement for a commercial structure in the City’s General Design Guide. This property is within the review authority of the Community Development Authority. The CDA recommended approval of the development due to it being existing and the restraints the parcel will have in the future with Janesville Road widening. The Community Development Authority did recommend the refuse enclosure be placed on the western portion of property away from intersection. This request has been included in the resolution. The Engineering Department is requesting that all proper permits be attained from Waukesha County and the Wisconsin PAGE 5 Plan Commission Minutes, continued April 19, 2005 Department of Natural Resources for the addition of a gasoline pump and work being done in the Janesville Road right-of-way. Copies of permits should be submitted to the building and Engineering Department. Mr. Frank Richardson, petitioner’s representative, addressed the Commission that the petitioner is anxious to have project move forward. There is no problem with adding the 50% masonry. Mr. Richardson did ask for approval rather than deferral and will submit revised plans to staff. Commissioner Michalski would prefer to have items submitted to Plan Commission so commissioners see exactly what is being proposed. Commissioner Hulbert made a motion to amend resolution with the intent to Defer this item. The amendment would read, BE IT FURTHER RESOLVED, That the building must have 50% masonry. Commissioner Michalski seconded. Upon a voice vote resolution was amended unanimously. Upon a voice vote, Amended Resolution #P.C. 058-2005 was DEFERRED unanimously. RESOLUTION #P.C. 059-2005 – Approval of an amendment to a Building, Site, and Operation Plan for Animal Doctor, Inc located in the NW ¼ of Section 10 (Tax Key No. 2198.990.004). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Michalski seconded. Petitioner will be relocating a veterinary facility to the Olson’s Lawn Tractor property located on Janesville Road. This use is less intense than current use. No changes to the exterior of the building are proposed. Site will have 13 parking stalls, which is one more than required by code. Petitioner is seeking approval for an aluminum ornamental fence at the rear of the property. No sign information has been submitted. The existing house at front of property is non-conforming and will continue to be used as a residence. Upon a roll call vote, Resolution #P.C. 059-2005 was ADOPTED unanimously. RESOLUTION #P.C. 060-2005 – Approval of an amendment to a Building, Site, and Operation Plan for Greg Olson for a property located in the SE ¼ of Section 17 (Tax Key No. 2228.999.016). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Alderman Buckmaster seconded. Olson’s Law Tractor Service is going to relocate to the Industrial Park on Saturn Drive. Petitioner proposing to remove one of the overhead doors on the east side of building. Two new windows and siding to match existing building will replace the door. Parking will include eight customer stalls and five employee stalls. Parking areas, entry approach and drive path to rear fenced in area will be paved. A 200’ x 80’ fenced in area will be located to the rear of the property. The fence will be a 6 foot high chain link fence with privacy slats that will match the building. This fenced area will house all outdoor storage and crated equipment. Petitioner requesting to display twenty-four pieces of equipment in front of the building to the west of the entry driveway and a maximum of twenty- four additional pieces of equipment to the east of the entry driveway. Discussion ensued regarding the number of pieces to be displayed and the area where the trailers are proposed to be parked. Staff had suggested that the outdoor storage be limited to twelve tractors/mowers located to the east of the entry driveway. After discussing the petitioner’s needs and surrounding area of property it was determined that twenty-four units would be allowed on display east of the entryway as long as they are presented in an orderly fashion. Items must be kept twenty-five feet from east property line. Petitioner agreed to add landscaping where the trailers will be parked. Commissioner Hulbert made a motion to amend resolution in the sixth BE IT FURTHER RESOLVED to read, That the outdoor storage will allow for twenty- four (24) tractors/mowers …. And add BE IT FURTHER RESOLVED, That the petitioner will PAGE 6 Plan Commission Minutes, continued April 19, 2005 get a landscape plan approved by the City Forester that will incorporate landscaping that screens the parked trailers on the east property line. Commissioner Michalski seconded. Upon a roll call vote, Resolution #P.C. 060-2005 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 060-2005 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. 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 for the Watson property located in the NW ¼ of Section 13 (Tax Key No. 2211.056 / Durham Drive). DOCKET #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). 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. 062-2005 -- Approval of a two lot Conceptual Certified Survey Map for the Lossman property located in the SW ¼ of Section 25 (Tax Key No. 2259.987 / Loomis Drive). MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 9:45 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