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PCM20060905 CITY OF MUSKEGO PLAN COMMISSION MINUTES APPROVED 6:00 PM Tuesday September 5, 2006 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Damaske called the meeting to order at 6:00 p.m. Those present recited the Pledge of Allegiance. PRESENT Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Burke, Stinebaugh, Michalski, Plan Director Muenkel and Recording Secretary Asti. Recording Secretary Asti noted that the meeting was properly noticed on August 31, 2006 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the August 15, 2006 meeting. Commissioner Hulbert 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. 014-2006 – Approval of a Conceptual Subdivision Plat for the DeBack Property to be known as Crystal Lake Addition #1 located in the SE ¼ of Section 32 (Tax Key No. 2287.999). This resolution was on the floor and deferred. Commissioner Schaumberg made a motion to Defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 014-2006 was DEFERRED unanimously. CONSENT BUSINESS Commissioner Schaumberg made a motion to ADOPT Resolutions #P.C. 114-2006, #P.C. 115- 2006 and #P.C. 116-2006 engross. Commissioner Stinebaugh seconded. Upon a voice vote, the motion passed unanimously. RESOLUTION #P.C. 114-2006 - Approval of a Certified Survey Map for the Grimord property located in the NW ¼ of Section 12 (Woods Road / Tax Key No. 2206.999.005). This resolution was ADOPTED unanimously. RESOLUTION #P.C. 115-2006 – Approval of a Landscape Plan for CI Banker Wire and Iron Works located in the SE ¼ of Section 17 (Tax Key No. 2228.999.005 / S84 W19120 Enterprise Drive). This resolution was ADOPTED unanimously. RESOLUTION #P.C. 116-2006 - Approval of a Building Site and Operation Plan for Paradise Pools located in the NE ¼ of Section 17 (Tax Key No. 2225.984 / S80 W19025 Janesville Road). This resolution was ADOPTED unanimously. Plan Commission Minutes, continued September 5, 2006 NEW BUSINESS FOR CONSIDERATION 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 2230.999, part of 2230.995, 2229.989, 2230.999.001, 2230.999.002, 2229.998, 2229.995, 2229.996, 2229.995.001 2229.997, & part of 2187.998) / Crowbar and Hillendale Drive). This resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner Stinebaugh seconded. Plan Director Muenkel stated that petitioner contacted staff that they are working to amend the preliminary plat to reflect the current zoning. Commissioner Michalski made a motion to Defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 102-2006 was DEFERRED unanimously. RESOLUTION #P.C. 099-2006 – Recommendation to Common Council to rezone the May property from R-2 Country Home District to RS-2/OPD Suburban Residence District with a Planned Development Overlay District and a 2010 Comprehensive Plan Map Amendment from Low Density Residential to Medium Density Residential located in the SW and SE ¼ of Section 13 (Part of Tax Key Nos. 2211.998 & 2211.997 / Durham Drive). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner is requesting to rezone two parcels on the west side of Durham Drive, just north of Priegel Drive. Currently the parcels are R-2 Country Home District allowing parcels a minimum of 60,000 square feet. The proposal is to rezone to RS-2/OPD Suburban Residence District with a Planned Development Overlay District to permit a land division with minimum lot sizes of 18,000 square feet. A Public Hearing was held on August 22, 2006. Fourteen people spoke at the hearing with thirteen against and one for the proposal. Petitioner has submitted a concept plan showing 49 lots all are 18,000 square feet or greater on 47.7 acres of land. There will be one access off Durham Drive and one off Priegel Drive. All environmental areas are delineated and shown as protected in outlots. Setbacks and offsets are per the RS-2 zoning district. There would be curb and gutter road design. Recently, the Aldermen reviewed the entire Comprehensive Plan Map and did not see a need to change the zoning in the proposed area. Staff recommends that this area reflect low density residential uses and lot sizes. Commissioner Stinebaugh asked what is the benefit to the OPD? Mr. Jim Doering, Towne Realty, stated that the benefit is the tax base benefit. Towne did a study in City of Cedarburg that any home and lot in excess of $260,000 would be a benefit to the community for its tax base. In their development in Muskego their packages are between $350,000 to $500,000. Initially, it is the tax benefit. The residents are providing a revenue and not just paying for what they are using. Another benefit is economic. Especially in the Moorland Road corridor, the more rooftops will bring in more commercial. There would be 49- 50 residential parcels paying into the Big Muskego Lake District for rehabilitation to the lakes. Economics being spread over larger number of people would be economically feasible for water assessment and sanitary sewer. To have 40,000 square feet lots would not be feasible. Commissioner Michalski asked Alderman Buckmaster why the Common Council did not rezone this area. Alderman Buckmaster replied that the Comprehensive Plan was looked at and studied in that area and Common Council did not see any reason to change the plan. The area should remain rural to protect the rural environment. We don’t rezone to react to market forces, we zone to shape them. Commissioners Hulbert and Michalski agreed. Plan Director Muenkel wanted to make a point of clarification that what the developer is proposing does meet the Comprehensive Plan for low density residential as far as units per acre is concerned, however PAGE 2 Plan Commission Minutes, continued September 5, 2006 the actual lot size don’t meet the intention of low density residential uses, which is 40,000 sq. ft. lots or larger. Upon a roll call vote, Resolution #P.C. 099-2006 was DENIED unanimously. RESOLUTION #P.C. 100-2006 – Recommendation to Common Council for an OPD Amendment to the approved RS-2 / OPD zoning (Suburban Residence District with Planned Development Overlay District) currently in place for Woodland Creek Estates and Woodland Creek Estates Addition #1 located in the NW ¼ of Section 21 and the NE ¼ of Section 20 (Tax Key Nos. 2242.994, 2237.993, & 2237.994 / Racine Avenue). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Alderman Buckmaster seconded. Petitioner would like to amend the approved Woodland Creek Planned Development to allow a reduction in the open space allowed per lot due to larger building footprints found in today’s market. The developer is requesting to lower the open space required per lot from 75% to 68%. The setbacks and offsets would remain unaffected. A Public Hearing was held on August 22, 2006. Four people spoke with three opposing and one (the developer) in favor. The reasons given for oppositions were: (1) the City needs as much open space as possible, (2) Keep as is, (3) People can pick another design of a home to fit a lot. The Developer noted that the market today demands more area to be consumed, especially in the case of side entry garage homes. Commissioner Michalski commented that if we know that people want larger homes, then when submitting the concept plan, why not make the lots larger to accommodate the need. Alderman Buckmaster commented that he cannot see reacting to market conditions. Commissioner Hulbert stated that it is not the purpose of the Plan Commission to enhance marketability or profitability for the developer. Upon a roll call vote, Resolution #P.C. 100-2006 was DENIED unanimously. RESOLUTION #P.C. 106-2006 – Approval of an amended Building, Site, and Operation Plan for the Jewel property located in the SE ¼ of Section 17 (Tax Key No. 2228.999.016 / S83 W19021 Saturn Drive). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to operate their trucking and grading business. A site plan was submitted showing employee parking towards the front and larger parking stalls for commercial equipment throughout the perimeter of the property. The majority of the lot is gravel with the front approach being asphalt. Most of the parking is shown as nonconforming due to it being in the right-of-way or not meeting City standards. Petitioner also has a large amount of unscreened outdoor commercial vehicles and equipment parked along the perimeter of the property. Staff recommends deferral of this item to allow the petitioner to revise plans to include showing fencing locations around all of the outdoor storage areas and to revise the parking on the site plan to show the exact locations of the employee parking stalls to be located at least ten feet away from the public right-of-way. Commissioner Hulbert made a motion to Defer. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 106-2006 was DEFERRED unanimously. RESOLUTION #P.C. 111-2006 - Approval of a Building Site and Operation Plan for a wireless communication facility located in the SE ¼ of Section 2 (Tax Key No. 2168.982 / W144 S6731 Tess Corners Drive). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner proposing to construct an emergency and wireless communications facility and monopole at the Tess Corners Fire Department location. Currently, there is a communications tower on site and this will be replaced with the proposed tower. The Wireless Facilities Ordinance states that a wireless facility is exempt from the ordinance if used for emergency communications. However, the proposal does show that petitioner wishes to co-locate two wireless facilities on the monopole PAGE 3 Plan Commission Minutes, continued September 5, 2006 with room for one more co-locator in the future. The co-locations will require Building Site and Operations approval. The pole and facilities do meet ordinance requirements. All ground supporting facilities will be enclosed with masonry walls matching the existing fire department. The property is owned by the Fire Department and a lease agreement would be via the Fire Department not the City. Commissioner Schaumberg stated that she has received two phone calls opposing this item and asked whether a Public Hearing would be held. Director Muenkel answered that due to this being used for emergency communications and exempt from our ordinance a Public Hearing would not be required. Commissioner Schaumberg requested special privilege of the floor for Alderman Schaefer. Alderman Schaefer stated that residents have contacted her being concerned about the nearby school and children in the area. Commissioner Hulbert felt that due to this being an emergency communications with cell co-locators that a Public Hearing should be held. Mr. Ron Zechel, U. S. Cellular, approached the Commission stating that they have met with the Fire Department. The existing emergency equipment was substandard, however, due to budget restraints the Fire Department is unable to upgrade. U. S. Cellular would construct a multiple pole to get the emergency equipment as high as possible and to allow for up to three co-locators for communications carriers. The emergency equipment would be first and then the communications carriers. Mr. Zechel stated that if a Public Hearing were held, he would be happy to address all concerns. Commissioner Schaumberg said that she is not against cellular towers, but since the petitioner is U. S. Cellular, she would like to see a Public Hearing. Commissioner Hulbert agreed that due to location, the residents in the area should be notified. Plan Director Muenkel pointed out that given that this is being used for emergency communications, the pole can still be constructed without having a formal public hearing. Director Muenkel stated that in place of the formal notifications in the paper, a memo will be sent to surrounding residents notifying them and this item can be addressed at the next Plan Commission meeting on September 19, 2006. Commissioner Hulbert made a motion to Defer. Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 111-2006 was DEFERRED unanimously. RESOLUTION #P.C. 112-2006 - Approval of temporary parking of mobile homes and/or trailers for Atonement Lutheran Church construction located in the SE ¼ of Section 3 (Martin Drive). This resolution was read by title only. Commissioner Stinebaugh made a motion to approve. Commissioners Schaumberg seconded. Atonement Lutheran Church will be building a new church along Martin Drive within the Oakridge Glen Subdivision. They are in the construction plan process and have an opportunity to manage construction costs by contracting Mission Builders to do the rough-in of the building. Members of the Mission Builders would come from out of State and usually stay on the work site in mobile homes and/or trailers. Petitioner is requesting temporary parking use on the site for about three to four months. Alderman Buckmaster stated that during the rezoning process of this property, the district Alderman recused himself and he was placed by the Common Council to address all issues regarding the rezoning of this parcel with the Chamberlain Hill Home Owners Association. The Common Council made it very clear that the Plan Commission will hear all and any uses or concerns regarding this parcel prior to making any decisions. Alderman Buckmaster also requested to see photos of the type of mobile homes and/or trailers that are proposed to be parked on site. Mr. Frank Waltz, W172 S6903 Lannon Drive, member of Atonement Lutheran Church, handed out four photos taken at Lord of Life in Kenosha. Mr. Waltz stated that this is an opportunity to save a substantial amount of money for the construction of the new church. It is necessary for Atonement to get on the Mission Builder’s schedule now in order to be able PAGE 4 Plan Commission Minutes, continued September 5, 2006 to start construction in 2008. They do not have a designated area for the location of the trailers but will have them parked in an area that is satisfactory to the Plan Commission. The utilities are located along Martin Drive and this could be an ideal area. However, Atonement cannot proceed until getting approval for the temporary parking use on this property. Alderman Buckmaster has no problem with this use as long as everyone is in agreement on proper placement for the parking use. Commissioner Burke is a resident in the immediate vicinity and is speaking on behalf of the surrounding residents. They are in favor of having the church in this area, however, they have concerns with temporary housing on site. There are residents on Hedgewood Drive just east of this parcel as well as condos along Martin Drive and Hedgewood. Putting trailers close to sewers would be a concern. There are families with small children in this area and having a temporary housing situation directly in a residential area would increase risk of crime. The degree of crime can be debated but still present. Commissioner Burke asked if other options were considered such as church members housing the builders. He would feel more comfortable with greater details and would like to see other options being pursued. Commissioner Hulbert is supportive of this effort, but cautioned petitioner to be careful on the placement of the trailers. He would like to see a sunset clause in the resolution on how long the trailers will be on site and the location. Mr. Waltz said that there may be a benefit to having the trailers on site as there would be less vandalism due to people being present at all time. He is not sure the number of mobile homes needed but thought seven or eight. When the site plan is submitted, the Commissioners will be looking for access for the mobile homes/trailers, surface material that the mobile homes/trailers will be parked on, location and timeframe. Upon a roll call vote, Resolution #P.C. 112-2006 was ADOPTED with a 6-1 vote. Commissioner Burke voted No. RESOLUTION #P.C. 113-2006 - Approval of an amended operation of an electronic message board sign at the Waukesha State Bank property located in the SW ¼ of Section 2 (S69 W15273 Janesville Road / Tax Key No. 2167995013). This resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner Michalski seconded. Petitioner requesting an amendment to their approved LED readable signage to be allowed to change the sign once per second. Petitioner gave examples of other digital changeable signage, however all the examples noted were allowed before ordinances were put forth regarding LED signage. During the review of the new zoning code, Plan Commission recommended that Signs may be illuminated but nonflashing. Signs shall not be revolving, scrolling, or animated; however, time-and-temperature devices may be cyclical. Approved LED devices may advertise three messages per day. The signs may change messages or time/temperature every 5 seconds. Colors and intensity of LED signage is under the sole discretion of the Planning Commission. LED specifications must be included as part of submittal if intended to be used. Plan Director Muenkel stated that the new zoning ordinance should be amended later this year. Commissioner Michalski asked why petitioner did not wait until the new ordinance is approved. Commissioner Schaumberg felt that more petitioners will be coming to Plan Commission meetings requesting the same. Mayor Damaske felt that as long as petitioners stay within the set guidelines they should be allowed to change. Commissioner Hulbert stated that we have a policy in place and until we have an ordinance, stick to the formal policy. Upon a roll call vote, Resolution #P.C. 113-2006 was DENIED unanimously. NEW BUSINESS PLACED ON FILE PAGE 5 Plan Commission Minutes, continued September 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. 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. 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. 098-2006 –Approval of a Preliminary Plat for the Fenwick Estates Subdivision and recommendation to Common Council for a 2010 Comprehensive Plan Map from Rural Density Residential to Medium Density Residential located in the SW ¼ of Section 31 (Tax Key Nos. 2283.999.002 and 2283.999.001 / Crowbar Drive). MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 7:50 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 6