Loading...
PCM20061205 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 7:00 PM Tuesday December 5, 2006 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Johnson called the meeting to order at 7:01 p.m. Those present recited the Pledge of Allegiance. PRESENT Mayor Johnson, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Stinebaugh, Michalski, Plan Director Muenkel and Recording Secretary Asti. ABSENT Commissioner Burke Recording Secretary Asti noted that the meeting was properly noticed on November 29, 2006 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the November 21, 2006 meeting. Commissioner Schaumberg seconded. Upon a voice vote, motion to approve the minutes was adopted unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 128-2006 - Recommendation to Common Council to approve Tax Incremental Finance District Guidelines for the City of Muskego. This item was on the floor and deferred to allow the Commissioners to review the guidelines before giving a recommendation to Common Council. Commissioner Stinebaugh explained that he thought the guidelines were very well written. He has a concern with timeframes and the inability to control the uncertainty. He would like to have the consultants include high scenario, medium scenario and worst case scenario and have parties assigned to argue both sides to make sure that all items get aired out. He also believes that the 8:1 ratio would be a positive thing. Commissioner Hulbert agreed. Alderman Buckmaster stated that he will reflect these comments to the Common Council. Mayor Johnson felt that the guidelines were done well and that there is room for modification concerning timeframes as these are only guidelines, not policy. Upon a roll call vote, Resolution #P.C. 128-2006 was ADOPTED unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL RESOLUTION #P.C. 102-2006 – Approval of a Preliminary Plat for the Stagecoach Trail Subdivision located in the NW and NE ¼ of Section 18 (Tax Key Numbers 2229.989, 2229.995, 2229.996, 2229.995.001, 2229.997, 2230.999, part of 2230.995, 2230.999.001, 2230.999.002, 2229.998, & part of 2187.998) / Crowbar and Hillendale Drive). This item was on the floor and deferred. Commissioner Stinebaugh made a motion to Defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 102-2006 was DEFERRED unanimously. CONSENT BUSINESS RESOLUTION #P.C. 136-2006 - Approval of a Certified Survey Map for Towne Realty Inc. Plan Commission Minutes, continued December 5, 2006 located in the Woodland Creek Subdivision in the NW ¼ of Section 21 (Tax Key Nos. 2242.052 and 2242.053). This resolution was read by title only. Commissioner Michalski made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 136-2006 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 131-2006 - Approval of a Sketch Land Division for a property located in the NW ¼ of Section 7 (W219 S7198 Crowbar Drive / Tax Key No. 2186.998). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Stinebaugh seconded. Plan Director Muenkel stated that petitioner is proposing to develop five single family parcels. The conceptual plat meets Code requirements. The Conservation Plan depicts the area along the eastern portion of the parcel as Acquisition Priority and determinations of easements or dedications must be made by the Conservation Commission. The Conservation Commission reviewed this item and recommended that lots 2 and 3 have limited building pads and preservation easements throughout. This item will be going to Public Works for approvals of having the roadways constructed to City standards without curb and gutters. Upon a roll call vote, Resolution #P.C. 131-2006 was ADOPTED unanimously. RESOLUTION #P.C. 132-2006 - Approval of a BSO Amendment for the C.I. Banker Wire & Iron Works located in the SE ¼ of Section 17 (S84 W19120 Enterprise Drive / Tax Key No. 2228.999.005). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Plan Director Muenkel reminded the Plan Commission that earlier this year, petitioner received an amendment to their Building Site and Operation Plan for an addition to their building. Everything has been constructed according to the Building Site and Operation Plan except for one condition. The installation of a guardrail to the eastern side of their new truck dock. Petitioner is requesting to not install the guard rail as it creates a safety hazard in the winter by inhibiting snow removal and causing icing of the driveway to the office parking lot. Staff recommends denial of this request as the Plan Commission previously required the guardrails to improve the functionality of the site. Mr. John Boxhorn, petitioner, stated that due to the parking lot grading, the taper is significantly less on the side in question. Initially they had planned on installing a guardrail on the west side, and the east side was an after thought suggested by Commissioner Michalski. Petitioner did not realize that the grade would be less on the east side. He does not feel that the guardrail is necessary and it would be more of a hazard especially when he is required to plow the snow in this area. Commissioner Michalski stated that the grade is still a foot lower and it seems this is more of a convenience issue than safety hazard. The dock is going straight into traffic and in his mind, this is a safety issue. He would recommend that the guardrail be installed. Commissioner Hulbert felt that this is a discussion between convenience and safety. It appears there is a convenience item that is being looked at but he would like to see a guardrail installed. Mayor Johnson visited the site and while in the area found three large businesses with similar docks without guardrails. He checked with the Building Department and there is nothing in the code to dictate requiring guardrails. He does not feel that this would be necessary. Upon a roll call vote, Resolution #P.C. 132-2006 was DENIED with Commissioner Schaumberg, Mayor PAGE 2 Plan Commission Minutes, continued December 5, 2006 Johnson and Commission Stinebaugh voting Yes. Commissioner Hulbert, Alderman Buckmaster and Commissioner Michalski voting NO. RESOLUTION #P.C. 133-2006 - Approval of a Building, Site, and Operation Plan Amendment for M & I Bank located in the SW ¼ of Section 2 (Tax Key No. 2167.995.015 / Janesville Road and Moorland Road). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Michalski seconded. Director Muenkel advised that approval and permits were contingent upon a revised landscaping plan and approval by the City Forester. There was an electrical transformer that was relocated along the west side of the building that required screening. Petitioner proposed to plant six (6) Arborvitae and two (2) Viburnum to be used as screening. Petitioner is now requesting to remove the Arborvitae to resolve potential safety concerns. There is a potential ability of a criminal to hide behind the shrubs and attack or rob an employee as this is the employee entrance to the building. Numerous emails have been sent between the petitioner and the Planning staff regarding these concerns. Petitioner has offered few options to solve this concern. Staff has offered several options but nothing has been resolved. Staff recommends denial. Mr. Gregg Prossen, Zimmerman Architectural Studios, the designer for this facility, appeared before the Plan Commission. He stated that due to high costs from the utilities, the transformer was moved to this location on the site. A ten foot working clearance must be maintained on the operational side of transformer. Having this requirement prevents the construction of a screen wall. The Security Officer of the M & I Bank addressed the Commission that there is a real concern for safety. A camera was suggested, however, no one would be monitoring the camera when the employees would be opening or closing the building. The arborvitae are very tall and wide which is a hazardous condition for the employees. Office Leon from the Muskego Police Department confirmed that the shrubs create some security issues and potential for a robbery or hostage situation. Alderman Buckmaster remarked that safety is a primary concern, however, this sounds like something after the fact. There are design guidelines that the petitioner should have reviewed that could have avoided this situation. Other businesses in this area must abide by the design standards. He does not want to see exposed transformers with condos directly across the street. Seems as though petitioner wants the Plan Commission to remove a requirement that the petitioner should have taken care of prior to construction. Discussion ensued wherein several suggestions were given such as more lighting on the building, a wall around the transformer, a type of tall grasses, and fencing. It was the consensus of the Plan Commission that the bank will be required to come forward with options to solve this concern. Alderman Buckmaster made a motion to Defer this item to allow the petitioner to work with staff to resolve this problem. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 133- 2006 was DEFERRED unanimously. RESOLUTION #P.C. 137-2006 – Approval of a Conceptual Preliminary Plat for the DeBack Property to be known as Crystal Lake Addition #1 located in the SE ¼ of Section 32 (Tax Key Nos. 2288.996, 2287.999). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Stinebaugh seconded. Earlier this year, Plan Commission denied without prejudice a conceptual plan allowing petitioner to make a determination if sewer would be available to this area. The determination has not been made, although petitioner would like to move forward by submitting this plan. The proposal shows 98 single family parcels with a few outlots. Most lots are conforming to unsewered RS-2 zoning. The property PAGE 3 Plan Commission Minutes, continued December 5, 2006 to the south is zoned EA, Exclusive Agricultural. The main area of concern is the conceptual plat compared to the 2010 Comprehensive Plan. The 2010 Plan depicts the northern parcel as rural density residential and the southern parcel to be Agriculture and Open Lands. This proposal requires an amendment to the Comprehensive Plan to change both parcels to higher density residential. It has been brought to Staff’s attention to possibly have a Public Hearing in front of the Plan Commission to hear what the elected officials along with residents would like to see in this area. This would also allow more time to see if this area should be sewered. Staff has recommended deferral to address some of these concerns. Commissioner Michalski has a hard time deviating from the 2010 Comprehensive Plan. If it does not come close to the plan he has a hard time accepting the proposal. Commissioner Hulbert has a couple concerns. At one time the road went straight through the area and he would like to adhere to that plan for cross access. On behalf of the Park Board, they would be looking at having some sort of pedestrian crossway. As far as zoning, he feels that petitioner should stick with the 2010 Comprehensive Plan. Alderman Buckmaster is not against having a Public Hearing however, he does not feel that the concerns will be answered at a Public Hearing. He does not see a reason to change this, we should stay with the Comprehensive Plan. This conceptual plan does not conform and if a plan is brought forth that does not conform to the 2010 Comprehensive Plan we need to give direction that we will not accept the plan. While he is not opposed to a Public Hearing, this plan should be denied and request petitioner to submit something that conforms to the Comprehensive Plan. Commissioner Stinebaugh agrees with previous comments to uphold the 2010 Comprehensive Plan. Mayor Johnson feels that we should stick to the Comprehensive Plan unless there is something brought forward that would benefit the total community that overwhelms the 2010 Comprehensive Plan. He agrees with Alderman Buckmaster, if we are not going to consider changing the Comprehensive Plan, why have a Public Hearing? Mr. Kalvin Klimeck, owner of Pioneer Engineering, addressed the Commission stating that before the 2010 Plan was adopted, this parcel was zoned RS-2. He questioned why the Commission would take the Comprehensive Plan differently than the underlying zoning? They have been working with the City for about a year along with having debates on whether Norway is going to allow them to have sanitary sewer. This process may take a number of years to be adopted. He was hoping to come forward and change the land use plan to be consistent with the zoning. He is looking for direction from the Commission. Director Muenkel wanted to clear up some points. The previous Comprehensive Plan had this parcel as medium density, the current plan has it as rural density since 2001. Regarding the sewer issue, although it has taken a while, there has been some misguided thinking that Norway guides where sewer goes in this area. The City can ultimately give direction if sewer will be in that area. Commissioner Stinebaugh asked if this areas is in the wildlife area? Staff was asked to look into this. Alderman Buckmaster directed the petitioner to stick to Comprehensive Plan. The determinations of sewer and Muskego Dam Road can be determined once a plat meeting the 2010 plan is proposed. Upon a roll call vote, Resolution #P.C. 137-2006 was DENIED unanimously. NEW BUSINESS PLACED ON FILE PAGE 4 Plan Commission Minutes, continued December 5, 2006 No action intended for these items. The following will be placed on an agenda as a resolution at a future meeting. DOCKET #P.C. 088-2006 - Approval of a Certified Survey Map for the Zurawski property located in the SW ¼ of Section 24 (S94 W13826 West Ryan Road / Tax Key No. 2255.983). DOCKET #P.C. 089-2006 - Approval of a Certified Survey Map for the Herda property located in the SW ¼ of Section 24 (S94 W13724 West Ryan Road / Tax Key No. 2255.982). DOCKET #P.C. 122-2006 – Approval of a four lot Certified Survey Map for the Birkley property located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive). DOCKET #P.C. 123-2006 – Approval of a three lot Certified Survey Map for the Birkley property located in the NE ¼ of Section 14 (Tax Key No. 2213.984 / Durham Drive). DOCKET #P.C. 134-2006 - Approval of a Building, Site, and Operation Plan for the Parkland View Development located in the NW ¼ of Section 10 (Tax Key Nos. 2198.991.002 & 2198.992 / Janesville Road). DOCKET #P.C. 135-2006 – Recommendation to Common Council to rezone properties from B-4/OPD/OWP (Highway Business District with a Planned Development Overlay with a Wellhead Protection Overlay) and RS-2/OIP/OWP (Suburban Residence District with a Institution and Public Service Overlay with a Wellhead Protection Overlay) to B-4/OPD/OWP zoning (Highway Business District with a Planned Development Overlay with a Wellhead Protection Overlay) for the Parkland View Development located in the NW ¼ of Section 10 (Tax Key Nos. 2198.991.002, 2198.991.003, & 2198.992 / Janesville Road). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 8:16 p.m. Alderman Buckmaster 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 5