Loading...
PCM20071204 CITY OF MUSKEGO approved PLAN COMMISSION MINUTES 6:00 PM Tuesday December 4, 2007 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Mayor Johnson called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Johnson, Ald. Fiedler, Commissioners Hulbert, Stinebaugh, Jacques, Plan Director Muenkel and Recording Secretary Renk. ABSENT Commissioners Burke and Noah Recording Secretary Renk noted that the meeting was properly noticed on November 29, 2007 in accordance with the Open Meeting Law. MINUTES Mayor Johnson noted the minutes have been corrected to add additional comments from a speaker at the public hearing. Ald. Fiedler made a motion to approve the corrected minutes of the November 20, 2007 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. 089-2007 – Approval of a Two Lot Certified Survey Map for the Michael Lawlis property located in the SE ¼ of Section 11 (Tax Key No. 2204.998 / W145 S7644 Durham Drive). Ald. Fiedler made a motion to DEFER Resolution #P.C. 089-2007. Commissioner Hulbert seconded. Upon a voice vote Resolution #P.C. 089-2007 was DEFERRED unanimously. CONSENT BUSINESS RESOLUTION #P.C. 114-2007 – Approval of an amended Building Site and Operation Plan for co-located wireless communication facility for Cricket Communications located in the NE ¼ of Section 17 (Tax Key No. 2225.999.001 / W188 S8273 Mercury Drive – Municipal Water Tower). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 114-2007. Commissioner Hulbert seconded. Upon a roll call vote Resolution #P.C. 114-2007 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 109-2007 – Recommendation to Common Council to rezone a property from A-1 (Agricultural District) to RCE (Country Estate District) for a future land division located in the NW ¼ of Section 28 (Tax Key No. 2270.995 / W186 S9656 Parker Drive). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 109-2007. Commissioner Jacques seconded. Director Muenkel stated the petitioner is requesting a rezoning from A-1 Agricultural District to RCE Country Estate District to allow for a future land division for their property. The A-1 district requires 2.75-acre lots with 300-foot widths. The RCE District allows 2.75-acre lots with 250-foot widths. The 2010 Plan allows this type of rezoning due to the density being the same. The property owner is requesting the rezoning because they need the 250-foot width that is allowed in the RCE zoning district. Wetlands are located on this property and the owners have had discussions with the DNR. Something may Plan Commission Minutes, continued December 4, 2007 come forward with the land division to include these wetlands in the Big Muskego Wildlife Area. Upon a voice vote Resolution #P.C. 109-2007 was ADOPTED unanimously. RESOLUTION #P.C. 113-2007 – Approval of a Building, Site, and Operation Plan for Kuehn Enterprise, LLC for a distribution center located in the NE ¼ of Section 17 (Tax Key No. 2225.999.012 / Mercury Drive and Janesville Road). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 113- 2007. Commissioner Stinebaugh seconded. Director Muenkel explained this is a re-submittal of a proposal that was denied at the November 6, 2007 meeting. The petitioners have made changes to the proposal and feel they have addressed the main concerns of the Plan Commission. The petitioners are proposing to construct a 5,795 square foot structure for the Journal Sentinel in the Muskego Industrial Park at the intersection of Mercury Drive and Janesville Road. There will still be nighttime operations but changes were made to try and address Plan Commission concerns. The architecture of the building will be four sided with brick bands being carried around the east and west facades as part of the Resolution. Landscaping will be increased along the right of way portion along Janesville Road. The bermed area will have increased evergreen trees and will be extended east to the access on Janesville Road. The truck dock location has been moved from the north side of the building to the east side and will be contained by the building. The truck will go down into the truck dock and be fully covered from view. One 30-foot box truck will arrive between 1:00AM and 3:00AM to deliver newspaper Monday thru Sunday. A second truck will come two days a week Monday, Friday or Saturday between 3:00PM and 5:00PM to bring in paper inserts. Between 3:00AM and 7:00AM 15-16 delivery drivers will arrive to load the papers for delivery. The Resolution states all cars and trucks must be turned off while they load or unload. All loading spots will be on the southern and western façades of the building. The Resolution also dictates that any new use or user must come back to Plan Commission for approval. Lighting plans have been submitted and meet the City’s guidelines. Questions came up on whether the zoning in place was the best use for this location. Commercial zoning may be more appropriate. The Resolution states that an attempt to rezone this property to commercial zoning must be done before occupancy. Staff recommends approval. Director Muenkel listed concerns from some of the residents in the area. Most are addressed in the Resolution. Two items that are not included in the Resolution are the request for additional plantings being done on the north side of Janesville Road on private property and the request to extend the roofline on the south side of the building over the loading area of the cars. Rick Petfalski, representing the residents on the south side of Highland Park Drive, stated the neighbors are concerned with noise at night and the back up alarms on the trucks. Mr. Petfalski noted they understand because of the zoning worse things could happen but they also realize a conditional use grant would be needed. There should be a transition area between the industrial park and a residential subdivision. Feels they could work through this but are concerned with the second half of the development. Would like to see some type of office building. Suggested restricting the egress to Mercury Drive and no access on Janesville Road. Requested the dogwoods, which are only effective in the summer, be replaced with an evergreen type tree. Tim and Jim Kuehn, property owner and developer, were present with Sean O’Neil of the Journal Sentinel. Jim Kuehn thanked staff, the Mayor and the Commissioners for their time and assistance while planning this project. Mr. Kuehn explained they have a 15-year relationship with the Journal Sentinel and have built buildings in 12 other smaller communities. Mr. Kuehn stated he has met with Mr. and Mrs. Tesch, who live across the street, and feels their concerns of minimizing the lights and noise and relocating the truck dock have been met. The trucks will go down into the dock to unload and will be turned off. The landscaping has been improved. A 3-foot high berm will be installed on the north and west side. In the past 15 years and 12 buildings the Kuehn’s and the Journal Sentinel have not received any complaints. Mr. Kuehn explained the hours of operation cannot be changed, but will be limited. Mr. Kuehn reiterated the hours of operation and the employee hours. Mr. Kuehn noted there could be more intense operations allowed on this site according to the zoning. The developer/property owner also has rights that go along with the property as permitted uses under M-1 and M-2 zoning. In conclusion Mr. Kuehn used a “but if” analogy. But if Kuehn Enterprise can PAGE 2 Plan Commission Minutes, continued December 4, 2007 accommodate the neighbors concerns and improve the site view, the Journal Sentinel is a good fit for the community. But if the project can please the majority of the constituents, they we have created a win/win scenario that will improve an area of the City and increase the tax base. Lastly, but if you agree with the Planning Department recommendation and the majority of constituents, Kuehn Enterprise asks for approval tonight as time is of the essence. Mr. Kuehn stated they would be willing to accept the B-2 zoning change but not with restrictive deed language that further restricts the commercial use of office building only. Ald. Fiedler questioned if the developer would be willing to replace the dogwood trees on the berm with something more substantial. The developer agreed. Ald. Fiedler also questioned if any thought had been given to extending the wall or placing some type of screening along the wall on the north side of the loading dock. Mr. Jim Kuehn did not have an answer at this time. Resident stated she anticipates traffic problems coming in and out of the subdivision and requested ingress/egress on Mercury Drive only. Tom Ralston, Highland Park Drive, agrees with ingress and egress of Mercury Drive only and asked if there will be a door that will close once the truck is in the dock. The developer stated there will be a door that will close. Commissioner Hulbert stated all other issues have been accommodated but the hours of operation are still an issue. The building looks good, but can not support the hours of operation. Tom Gershman – concerned with the noise from truck traffic along Janesville Road all night long and would rather see condos in this location. Mayor Johnson explained the residents who live in the subdivision knew they built their homes across from an industrial park and both the residents and the developer have had to make compromises. The developer has a right to put some type of business on this property. The issue is being the truck coming in the early morning hours, but with moving the loading dock to the rear and the rezoning to B-2 he hasn’t’ heard anything negative from the residents. This creates a nice buffer to the rest of the industrial park. Mr. Petfalski clarified the residents will be ok with the development with the assurance a retail development will not be built in this location too, but the developer will not give that assurance. Ald. Fiedler moved to AMEND the Resolution to add BE IT FURTHER RESOLVED, That all Dogwood trees shown on the landscape plan be replaced with Evergreen trees or year round covered plants. Commissioner Stinebaugh seconded. Upon a roll call vote Resolution #P.C. was AMENDED unanimously. Ald. Fiedler questioned if a 5-10 foot wall could be built along the truck dock to further block the noise. Mr. Jim Kuehn stated there is an 8-foot wing wall that could be built up or arborvitae planters could be installed. Ald. Fiedler moved to TWICE AMEND the Resolution to add BE IT FURTHER RESOLVED, That a wall or other screening be added to the north side of the loading dock contingent on staff approval. Commissioner Stinebaugh seconded. Upon a roll call vote Resolution #P.C. was TWICE AMENDED unanimously. Ald. Schaefer requested the Plan Commission limit the entrance to the property to Mercury Drive only and not allow an entrance onto Janesville Road. Upon a roll call vote Amended Resolution #P.C. 113-2007 was ADOPTED 3-2 with Mayor Johnson and Commissioner Hulbert voting no. PAGE 3 Plan Commission Minutes, continued December 4, 2007 NEW BUSINESS PLACED ON FILE No action intended for these items. The following will be placed on an agenda as a resolution at a future meeting. DOCKET #P.C. 097-2007 – Approval of a Two Lot Certified Survey Map for the Jeffrey Jasicki property located in the NW 1/4 of Section 12 (Tax Key No. 2206.998.017 / Sherwood Circle). DOCKET #P.C. 104-2007 – Approval of a Three Lot Certified Survey Map for the Will Investments property located in the SW ¼ and SE ¼ of Section 16 (Tax Key No. 2223.998 / W182 S8450 Racine Avenue). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 7:02 PM. Commissioner Stinebaugh seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, Kellie Renk, Recording Secretary PAGE 4