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PCM20080603 CITY OF MUSKEGO PLAN COMMISSION MINUTES approved 6:00 PM Tuesday June 3, 2008 Muskego High School, Old Cafeteria, W183 S8750 Racine Avenue Mayor Johnson called the meeting to order at 6:10 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Johnson, Ald. Fiedler and Commissioners Noah, Hulbert, Burke, Stinebaugh, Jacques, Plan Director Muenkel, Planner Trzebiatowski, and Recording Secretary Renk. ABSENT None. Recording Secretary Renk noted that the meeting was properly noticed on May 30, 2008 in accordance with the Open Meeting Law. MINUTES Commissioner Jacques made a motion to approve the minutes of May 6, 2008 meeting. Commissioner Stinebaugh seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. PUBLIC HEARING The secretary read the public hearing notice regarding the Building, Site, and Operation Plan for Wal-Mart located in the NE ¼ of Section 3 (Part of Tax Key No. 2169.999.001 / Moorland Road). Mayor Johnson explained comments will be limited to the Building, Site and Operation Plan only. Paul Oman, S63 W16495 College Avenue:  Wal-Mart will help pay off the TIF district.  Good effort and quality building on the site.  Commercial tax base is low and needs help to bring it up.  No concerns with GE or Wal-Mart  Wal-Mart is a quality business  Restrictions have been placed on lighting and stormwater run off  Supports Wal-Mart and the plan Jay Pede, W189 S7516 Oak Ct:  Supports Wal-Mart  Tax base will increase  Wal-Mart will attract other businesses and enhance the community. Allen Sharafinski, W164 S7750 Bay Lane:  For every job that Wal-Mart creates it displaces 1.4 jobs  70% turn over rate in the first year – based on a PBS documentary  Business along Janesville Road will close  Full time employee pay is $10.91 based on an article in the Journal Sentinel  Wal-Mart owes 17.7 Million in back taxes and interest and penalties  Companies along Janesville Road that pay taxes to the City will be put out of business by Wal-Mart Plan Commission Minutes, continued June 3, 2008 Todd Hetzel, W149 S6580 Spring Lane:  College Avenue is two lanes what will happen when Janesville Road closes for construction. (Mayor Johnson noted Janesville Road will not close during construction).  Moorland Road will be four lanes and in New Berlin will go back down to two lanes  Concerned with increase in traffic, air, water and noise pollution.  Concerned empty land behind Wal-Mart will become more business  People should be able to vote if they do or do not want Wal-Mart, not the board Ken Piotrowski, S63 W15174 Garden Terrace:  Concerned with noise pollution from semis delivery during night hours and motors not being turned off  Concerned with safety and traffic on College Avenue and Janesville Road  Residents of New Berlin will be impacted as well Tim Schmidt, 1500 W College Ave:  Concerned with traffic on College, Moorland, and Janesville  Business don’t want to locate by a Wal-Mart  College Ave is overstressed there is about 1 accident every 2 months on College  Not going to improve Wal-Mart – the City can do better  Doesn’t look good, wrong company  Use land for condo’s or an office park  Would you want it in your backyard? Kathleen Tiedeman, W168 S6967 Parkland Drive:  Can’t get out of subdivision because of traffic but traffic is a fact of life  Time to accept new business  Lives behind the post office and mail trucks come and go all night Janet Napientek, S63 W14973 College  Questioned where the water will come from. New Berlin already has a moratorium during the summer  Concerned with environmental impacts, traffic, noise and air pollution. John Walter, W142 S6839 Gaulke Drive:  Concerned with traffic, environmental impacts, and local businesses.  Questioned what will the unforeseen costs be  Questioned how this will impact the fire department  Taxes will increase Dale Szymanski, S63 W16301 College Ave:  Wal-Mart will be in his back yard.  First GE and now Wal-Mart  Is it all about money? Danielle Szymanski, S63 W16301 College Ave:  Concerned with traffic and noise  Moved to Muskego for a quiet family community  Wal-Mart draws the wrong crowd PAGE 2 Plan Commission Minutes, continued June 3, 2008 Bill Simmons, W164 S7566 Bay Lane Terrace:  Thanked the Plan Commission for holding a Public Hearing  Plans were available to everyone, not the first time presented  Concerned with noise and is being addressed by landscaping and berms  Moorland Road and College Ave is built for expansion and is under the control of Waukesha County  Area was slighted for Commercial by the Comp Plan  Not in my backyard does not work anymore, its all of our backyards Gail Benke, W153 S6387 Lawndale Place:  Concerned with air, noise and traffic  Doesn’t want it in her backyard  According to the Schill’s report Wal-Mart reduces property values  309 Wal-Mart buildings are for sale or lease  Concerned with 24 hour operations and noise and air pollution Mrs. Ladwig, W130 S6906 Camilla Ct:  Wal-Mart is not a good neighbor  Wal-Mart does not want to help Muskego like other stores in the City  Wal-Mart will try and flip the store and not pay taxes Michael Manz, W145 S7091 Brentwood Drive: st  Lived by a Wal-Mart and crime went up around the 1 week of the month  Concerned about traffic  Is a small business owner and will leave if Wal-Mart is built in Muskego  Bring in smaller corporations  Bad decision Andrea Kusch, S80 W17299 haven Drive:  Supports Wal-Mart  Design and lighting is fantastic  Good direction Wayne Peterson, S68 W16916 Martin Drive:  Questioned if this is a done deal. (Mayor Johnson explained the BSO plan has not been approved.)  Doesn’t seem like anyone wants Wal-Mart  Site was looked at for an industrial park and there were issues with groundwater and flooding  Concerned about the Little Muskego Lake watershed Frank Dittmer, S85 W19601 Colonial Court:  Approves of the site  Berms will work to quiet traffic noises  Wages paid at True Value are not more than $10.00/hr. Karen Harenda, W152 S6396 Lawndale Place:  Home faces the back of Wal-Mart  Opposed to a 24hr operation  Wal-Mart will be lit up at night with a glow, not what she wants to see PAGE 3 Plan Commission Minutes, continued June 3, 2008  Wants something more practical for Muskego, not a 24 hour business James Parnau, S70 W15322 Sandalwood Drive:  If you renamed Wal-Mart Niemen Marcus everyone would be happy  Only concern is there should be a full tree line buffer zone at the rear of the property with spruce or evergreen trees  Muskego needs commercial development  TIF district will be paid off quicker Nancy Kangas, W174 S8102 Adam Court:  In favor of Wal-Mart  Will save money on purchases and taxes  Taught school in Mukwonago and Wal-Mart donated supplies if the district couldn’t afford it Lucy Somborski, S74 W14151 Settler’s Way:  In favor of Wal-Mart  Doesn’t want to drive to Mukwonago because of high gas prices  It is not up to the residents to change Wal-Mart from within David Rogers, S63 W15298 Garden Terrace:  Destroying Muskego  Hwy 100 and Layton will be a super Wal-Mart and there is a Wal-Mart in New Berlin. One will have to go.  Wal-Mart is not the right answer Kathy Chiaverotti, Chamber of Commerce:  Chamber of Commerce supports a balanced community of business and residential  The zoning was established 8 years ago  Muskego’s taxes include 10% business and 90% residential, other cities of this size taxes are 20% from business and 80% residential  Business needs other businesses to grow  Big boxes help other businesses come to the area Brett Hyde, S71 W14458 Hidden Creek:  Would like something else but understands Wal-mart has every right to build here  Meets the zoning and guidelines  Concerned with noise, 24 hour operations, traffic, lighting and design  Plan Commission should be able to resolve problems  No reason not to allow Wal-Mart Neil Bucholtz, S63 W15609 College Ave:  Concerned with traffic on College  No consideration for people who live here  Concerned with views of the roof  Wal-Mart will have no interest in the neighborhood Jodi Krawczyk, S69 W15123 Cornell Circle #2:  Most communities subsidize Wal-Mart to build  Wal-Mart pays low wages PAGE 4 Plan Commission Minutes, continued June 3, 2008 Julie Froehman, W192 S7548 Racine Ave:  Beautiful Building, perfect location  Business has to go someplace  Plans look good  Will make City of Muskego viable John Wawrzonkowski, W150 S7426 Kathryn Drive:  Concerned with parking lot and run-off  Concerned with noise  Berms will not stop noise if they are 2-3 feet tall, needs substantial trees and vegetation on the berms Jim Semran, W189 S7847 Racine Ave:  Wal-Mart will have a negative effect on taxes  Wal-Mart will bring expenses like police coverage  Wal-Mart is not a good fit for Muskego Joe Raus, 16800 W Shadow Drive, New Berlin:  Muskego Icetronaut, patron of Muskego business  Concerned with traffic count on College Avenue  Future plans Wal-Mart has, look what Parkland Mall has become Unknown Speaker:  Concerned with run off into basements, chemicals stacked outside on pallets, light pollution, traffic and quality of life for children  Location issues alone should stop this Wal-Mart. Sean Gopher, W150 S6941 Cornell Circle:  Wal-Mart is scrutinized by the EPA standards more than any other business  Traffic studies are done  Noise pollution barriers usually work Mrs. Ladwig, Fountainwood Subdivision:  Concerned with traffic on Janesville Road  Concerned that Wal-Mart will not pay taxes Ed Garvey, Madison:  Concerned that an independent company should have done the traffic, noise, water and air quality studies at Wal-Mart’s expense. Adam Verburgt, W192 S7215 Hillside Drive:  Any corporation will have traffic, noise and lighting for safety  Side road on the west side of Wal-Mart will help the traffic flow Mike Wundrock, W151 S6453 Glenbrook Drive:  Not a big fan of Wal-Mart  Concerned with business being taken away from downtown  Questioned if an adult store met the rules and regulations would it be approved Ken Washburn, W149 S6550 Spring Lane: PAGE 5 Plan Commission Minutes, continued June 3, 2008  Water from this area runs through the Glenbrook subdivision  Concerned with his property being flooded with polluted water Carol Banker, W186 S7576 Kingston Drive:  Concerned with run off into Little Muskego Lake Orville Seymour, 3020 Acre Ave, Franklin:  Concerned with crime Kristen Westerburg, Garvey McNeil representing Muskego First:  Complimented the City on the BSO Ordinance  Received all documents on the Wal-Mart submittal  Plan Commission makes findings based on the BSO requirements, safety, health, public facilities, architectural control, traffic control and parking. Questioned if the Plan Commission is prepared to make findings that these standards are met.  Residents did not find out about proposal until March/April. Mayor and staff knew in February and Wal-mart was not included in the rezoning meeting notice. Conditional Use Permit would have been required under the old zoning. Cited Buzwell vs. Toma School District that if an item is of public interest it should be put in the notice. Richard Sanders, S70 W15361 Sandlewood Drive:  In favor of Wal-Mart Mary Eble, 20160 National Ave, New Berlin:  Does business in Muskego  Concerned with traffic, light pollution and the impact on local business Robert Sharrock, W162 S7350 Gloria Ct:  In favor of location  Wal-Mart tries its best in all communities, does a lot for small towns Paula Johnson, S72 W14867 Rosewood Drive:  Rezoning happened years ago and nobody attended those meetings  Plan Commission required changes to the design to create an upscale building  Plan Commission has addressed the lighting, noise and water issues Dennis Kruppa, Tomar Lane:  In favor of Wal-Mart  City needs it Ken Nowicki, S75 W15002 Kathryn Drive: rd  Works 3 shift stocking at the New Berlin Wal-Mart  In favor of the Wal-Mart store  In favor of the 24 hour service, every night they get 8-9 phone calls asking if they are open 24 hours  Likes the beautiful design  Can’t see houses from Moorland Bob Knasinski, S70 W15770 Sandlewood Drive:  Not in favor of Wal-Mart  Concerned with traffic PAGE 6 Plan Commission Minutes, continued June 3, 2008  Unacceptable plans – trees will not block in winter Bill Lange, 15400 College Ave:  Concerned with traffic and lighting  Does not want the street widened  Does not want Wal-Mart Suzi Hart, S86 W18503 Sue Marie Lane:  Questioned if Plan Commission could restrict hours  Questioned if Wal-Mart will go above the national average of required handicap parking Andy Lewandowski, W182 S9245 Parker Drive  Questioned what tax breaks were given from the City of Muskego to bring Wal-Mart in (Mayor Johnson noted Wal-Mart will pay taxes according to their value) Steve Gomon, S63 W14845 College:  Concerned with traffic on College  Questioned if taxes will be lowered because of Wal-Mart Tom Lawlor, S73 W14926 Cherrywood Drive:  Concerns are the same as for any development in this area. Main concern is drainage.  Questioned who approved the plans since there is no City Engineer.  Will not be a benefit until the TIF district is paid off.  Police and Fire services will still need to be provided while the TIF if being paid off  Asked to defer until all questions are answered Ald. Tina Schaefer:  Printed 24 emails and distributed to Plan Commission members to review Sachiko Rocke, S70 W17526 Forest Drive:  Visited a Wal-Mart in Arkansas and it was a gorgeous brick building with marble and hardwood floor inside.  Would like a Wal-Mart that looks this nice Unknown Speaker:  24 hour operations is out of the question  Wal-Mart in New Berlin is 3 miles not 7 miles from Muskego Judy DeWinter, W170 S7266 Meadow Drive:  Concerned with traffic and the Janesville Road project  Concerned with maintaining a business base in the downtown area Ald. Dan Pavelko:  Received calls 4-1 against the proposal  Residents concerned with noise, water run off and lighting  Requested Plan Commission defer tonight to get more answers John Jewel, Indian Trail:  Questioned why the parking lot is being built to hold 9 hours of cars (498 cars) John Walters, Muskego First: PAGE 7 Plan Commission Minutes, continued June 3, 2008  Wal-Mart’s Architect stated this store will be a prototype, state of the art building and no other one is like it.  Eight other states have Wal-Mart stores like the one proposed: Las Vegas; Arlington, TX; Garland, TX; Cincinnati, Ohio; Lawrence, IL; and Glenpool, OK. Suzi Link, W172 S7297 Lannon Drive:  This property is part of the TIF created as a business park to bring in jobs to pay a living wage  Not for or against Wal-Mart  Residents do not want a 24 hour operation  Lot requirement went from minimum of 80,000 square feet and administrative /public service offices. Not sure why it was rezoned B-1. City must get a benefit back. With no further comments, Mayor Johnson closed the public hearing. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 045-2008 – Approval of a Building, Site, and Operation Plan for Wal- Mart located in the NE ¼ of Section 3 (Part of Tax Key No. 2169.999.001 / Moorland Road). Director Muenkel explained Planning Commission deferred action on May 6, 2008 due to some site related concerns and for a public hearing. Wal-Mart submitted updated plans on May 23, 2008 addressing Plan Commission’s concerns. Updated plans include elevations/renderings, landscaping plans, narrative, cart coral spec sheet, handicap sign spec sheet, photometrics, lighting specs and a plan view/rendering of a newly proposed screening wall. Director Muenkel noted the following updates to the plans were made:  The south end cap now has multiple bands of material and the pharmacy drive thru now mimics the arch motif and materials found on the north front façade end cap.  The entryways now exceed the height of the main roofline by three feet. Additional pilasters were added to the front façade and all pilasters exceed the roofline as well by 1.5’. Corner pilasters exceed the roofline even higher then mid façade pilasters by 3.33’.  An EIFS Cornice element has been added to the main facades. This element will create a shadowing affect and will be of a different color than the main walls.  The main visible facades now will have six bands of materials with four alternating colors and sizes.  Wal-Mart has added extensively more landscaping to the rear façade from north to south. A decorative screening wall is now proposed and will be alternating 8-12 feet in height and will be built at the same grade as the structure all the way down to the south end of the structure. The wall will be built of the same smooth and textured split face materials and colors as the principal structure. The wall will screen all activities on the rear façade of the structure such as trucking, transformers and compactors. The wall that once screened the truck docks has been removed with the addition of the decorative split face wall. Lighting should also not be an issue with the inclusion of the wall.  Wal-Mart will limit truck deliveries from 5:00 AM to 11:00 PM. Trucks are required to shutdown engines during loading and unloading.  A report has been completed on the noise from reefer trailers, compactor and compressors. The report shows that the ambient noises currently existing in this area are as loud and or louder than the devices that may create noise, even without the addition of the wall. PAGE 8 Plan Commission Minutes, continued June 3, 2008  New lighting specs have been submitted and meet the City’s requirements. The new light fixtures used in the parking lot will mimic the lights along Moorland Road. Light pole heights were increased to 30 feet towards the middle of the site and 15 feet along the property lines. Director Muenkel addressed some of the questions heard at the public hearing,  A TIF District was set up west of Moorland Road in November. The TIF project plan did show the area east of Moorland be set up for commercial at some point. The developers agreement includes a special assessment be placed on the property if the TIF cannot be paid off as stipulated. The developers of the east side of Moorland Road will also come forward with a similar developers agreement. Any business that would go in this area would have to pay the appropriate taxes.  Traffic counts show that four lane roads are not needed at this time or after the GE and Wal-Mart developments. The City wanted to promote this area as an economic development area and included in the TIF four lanes on Moorland Road, landscaping, and lighting.  The City will extend water and sewer to the area this summer up to College. The Utilities Department is not concerned with the additional water usage.  No money is given to Wal-Mart as subsidies.  No TIF money will be going towards the development of the Wal-Mart.  The parking lot will be asphalt and will drain to the stormwater pond on the southwest portion of the site.  Stormwater standards are more restrictive than the states to protect the lakes in the City.  Staff meets with many different developers and companies before they ever come to Planning Commission and explains what Plan Commission and City standards are. This is not uncommon and is part of the job.  Parking is proposed lower than what the Ordinance mandates. Plan Commission has the authority to lower this requirement.  An Engineering Consultant reviews the grading, stormwater, sewer, and water plans in the absence of a City Engineer. Bill Carity spoke on behalf of the development group for the east side of Moorland Road. Mr. Carity explained the area has been planned for business for over 8 years. The intent was to provide for shopping on the east side of Moorland Road, but not a strip mall. On the east side of Moorland Road all woodlands and wetlands will be preserved. A traffic impact analysis was completed and did not warrant two southbound lanes until 2015, however, the City wanted the area to be set up as a gateway with all the improvements, including the two southbound lanes. Stormwater management will be provided for on both sides of Moorland Road. Water will be directed away from the Glenbrook Subdivision. The GE Building will be 300 feet from the road and Wal-Mart will have 600-700 feet of open space between the building and Moorland Road, which includes the parking lot and landscaping. Mr. Carity compared this to the Westridge Industrial Park in New Berlin where buildings are only 50-70 feet off of Moorland Road. Debbie Tomczyk, Attorney for Wal-Mart and resident of Muskego, addressed concerns that were heard earlier. All codes and requirements of the City, County, DOT, and DNR will be met. There are three deviations to the code where the Plan Commission has the authority to waive requirements, those are being: less parking, light fixture spill over at the right of way lines to allow for a better light fixtures, and the building exceeding the height requirement. The TIF district was approved independent of the Wal-Mart development and a majority of the taxes will go towards paying off the TIF district early. Wal-Mart is not asking the City to subsidize the development and taxes will be paid based on the assessment. PAGE 9 Plan Commission Minutes, continued June 3, 2008 Lisa Nelson, Corporate Affairs for Wal-Mart, explained the decision to locate in Muskego is nd based on leakage from other stores. 24-hour operations are to benefit customers such as 2 rd and 3 shift workers and families with young children. Ms. Nelson asked that Wal-Mart be treated the same as the 24 hour Sentry store in Muskego. Keri Harden, RA Smith National, discussed changes to the Wal-Mart site plan as requested by the Plan Commission. Ms. Harden stated 707 parking stalls are proposed, which is below the ordinance requirement of 1000 stalls. A screen wall has been added which will run from the north end of the truck turn around to the north edge of the building. Stormwater management will be handled through a main pond, which will take all the water from the Wal-Mart site and also a smaller pond to take the water north of the Wal-Mart site. Wal-Mart will consume 4,600 gallons of water each day and generate about 4,150 gallons of sewage. Compared to a single family development Wal-Mart water and sewage usage is equivalent to 40 single-family homes and the square footage of the building equals about 100 single-family homes. A change was made to the photometric plans due to concerns from the last Plan Commission meeting. The head of the light fixture has been changed to match the fixtures being used on Moorland Road. A special shield is being used to reduce the amount of spill to the neighboring properties. Along the property lines the lighting is within the code requirement of .5 food candles. Along the right of way near the entrances and near the detention pond, lighting may be over the requirements, but Plan Commission has the authority to approve. Chuck Stassi, landscape architect with RA Smith National, discussed recent changes to the landscape plan. The site is approximately 20-21% green space for the entire site and 50% when the stormwater ponds are included. 133 trees are proposed for the site including; fifty 3- inch caliper shade trees, 2-inch ornamental trees and evergreens of 7-feet tall. 832 shrubs, 920 perennials and 620 grasses are proposed. An irrigation design using smart technology will be used and the site will only be watered when needed after the initial planting. Richard Hayes, architect with PB2, discussed changes make to the elevations and materials. Mr. Hayes explained the roofline height has been raised 1.5-feet and 3-feet higher at the entryways than the roof behind it. Four additional masonry pilasters have been added to the front elevation and left elevation and have been raised above the height of the wall with additional detailing added to the pilasters. The outdoor living area will not be open 24 hours and will have a gated entrance with masonry walls and awnings. The wall was added to the rear of the building, which alternates between 8-12 feet in height and is 400-450 feet long. The front elevation includes a resin panel with the Wal-Mart logo. The resin panel is a manufactured color that will not need painting and will not fade. The Market and Pharmacy walls are made of prefinished metal panels. Commissioner Noah questioned why the material being used is still resin and not brick. Mr. Hayes stated brick does not come in the color Wal- Mart uses. Don Lee, Traffic Analysis and Design, discussed results of traffic studies that were completed. Mr. Lee explained the traffic generated from both developments would fit within the existing roadways. The Department of Transportation traffic counts for east on College Avenue were 5,400 cars in 2003, 4,200 cars in 2006, and there is expected to be 5,200 cars with the GE and Wal-Mart developments. Mr. Lee clarified his statement of 1 car per minute along College Avenue. Going east along College during evening peak time there would be an increase of 1 car/minute and at the peak AM times it would only be 1 car every 2 minutes. This is not a constant increase, only during the peak hours. PAGE 10 Plan Commission Minutes, continued June 3, 2008 Jim Jansen, general transportation manager for the Beaver Dam Wal-Mart, spoke on behalf of the truck deliveries to the stores. Mr. Janson explained for a store the size of the Wal-Mart being proposed the expected deliveries would be about 11 trucks per week, 7 for grocery products and 4 for general merchandise plus third party deliveries from local vendors. It takes approximately 10-20 minutes to unload the trucks. Hours of delivery will be limited to 5 AM to 11 PM. Wal-Mart has a no idle policy, which all truck drivers are aware of and after 3 minutes the trucks will turn off automatically. Discussion took place on the customer count in relation to truck deliveries. Mr. Jansen explained he based the deliveries off of store square footage and sales. Commissioner Jacques questioned how much traffic will be generated from third party vendors. Lisa Nelson stated 25% of the store product comes from local vendors. A member of the audience and manager of the Greenfield store explained the store is 100,000 square feet and the customer count is 6,000 per day and they average eight delivery trucks per week not including outside vendors. Discussion took place over the trucking route that would be followed. Director Muenkel explained the GE development has an approved truck route of Moorland Road in from the expressway and back out to Moorland to the expressway and restrictions could be added to Wal-Mart as well. Mr. Jansen explained specific routes can be given to the delivery drivers. Dr. Tom Thunder explained the noise levels that will be found on the site after the development takes place. Mr. Thunder stated noise levels were taken under the existing conditions at half hour intervals. At the east property line the levels were at 47db and on the west property line noise levels were at 49db. This falls in the semi rural category, which is consistent with the area. Two newly developed Wal-Mart stores in Illinois were studied for noise impacts. The noise levels from this store were 58db. The farther away from the source you are the lower the decibel level is. From the Wal-Mart site 750 feet to the east the decibel level will be 30db. There should be no impact to the neighbors during the day or night. Adding trees, barriers, and a wall will lower the noise levels. Commissioner Hulbert expressed concern with the initial noise levels when the air conditioning units start up and shut down. Dr. Thunder explained it would not be noticeable because other equipment will be running continuously. Ald. Fielder suggested adding the requirement that the noise levels cannot exceed 50db at the property line. Ald. Fielder suggested restricting Wal-Mart to a delivery route accessing Moorland Road north only. Representatives from Wal-mart were agreeable. Commissioner Stinebaugh stated he liked the changes in design of the building and the screening to the rear of the building for noise and this satisfies his concerns. Commissioner Hulbert expressed concern with the height of the trees. The proposed evergreens would be 7-feet tall and Commissioner Hulbert is requesting the trees be 9-10-feet tall. Commissioner Hulbert further stated he does not agree with 24-hour operations. Hours of operation should be limited to the delivery hours of 5:00 AM to 11:00 PM. Commissioner Hulbert suggested limiting the hours and bringing back after a year to reconsider 24-hour operations. Commissioner Noah and Stinebaugh agreed with limiting hours of operation basing this on potential for crime and lighting. Mayor Johnson stated the Police Chief did a survey of communities with 24-hour Wal-Marts and of the ones that responded there was no increase in crime and Mayor Johnson also stated he agrees with limiting the hours for a trial period. Attorney Tomczyk questioned if the 24-hour operations be allowed and re-evaluated after one year. Attorney Tomczyk added that parking lot lighting will need to be lit whether the store is open or closed for security reasons. Commissioner Burke stated he was in favor of 24-hour operations initially and then reviewing. Ald. Fiedler agreed with an annual review after one year. Commissioner Hulbert made a motion to AMEND Resolution #P.C. 045-2008 to add; BE PAGE 11 Plan Commission Minutes, continued June 3, 2008 IT FURTHER RESOLVED, That the customer hours of operation will be limited to the hours of 5 AM to 11 PM with an annual review. Ald. Fiedler seconded. After a roll call vote the amendment failed with Mayor Johnson, Ald. Fiedler and Commissioners Burke and Stinebaugh voting no. Ald. Fiedler made a motion to AMEND Resolution #P.C.045-2008 to read: BE IT FURTHER RESOLVED, That a trucking route be limited to Moorland Road north to Interstate 43. BE IT FURTHER RESOLVED, That the decibel limit to the east lot line is not to exceed 50db. BE IT FURTHER RESOLVED, That 9-foot evergreen trees replace the proposed 7-foot evergreen trees. BE IT FURTHER RESOLVED, That an annual review be conducted six months after occupancy to review the delivery routes, decibel levels, and 24 hour operations. Commission Stinebaugh seconded. Upon a roll call vote, Resolution #P.C.045-2008 is amended. Commissioner Hulbert made a motion to TWICE AMEND Resolution #P.C. 045- 2008 to include staff amendments. Ald. Fiedler seconded. Upon a roll call vote, Resolution #P.C. 045-2008 is twice amended. Upon a roll call vote TWICE AMENDED Resolution #P.C. 045-2008 is ADOPTED 6-1 with Commissioner Hulbert voting no based on 24-hour operations. RESOLUTION #P.C. 055-2008 – Approval of a Certified Survey Map for Muskego Commerce Center East located in the NE ¼ of Section 3 and the NW ¼ of Section 2 (Tax Key Nos. 2166.997 & 2169.999.001 / East Side of Moorland Road). Commissioner Stinebaugh made a motion to approve. Commissioner Noah seconded. Director Muenkel explained the land division is for the property on the east side of Moorland Road and includes a triangle piece on the west side. A developers agreement for grading, utilities, and the roadway must be approved by Common Council before the area can be developed. Commissioner Hulbert questioned if the pedestrian path will be installed on both sides of Moorland Road. Director Muenkel explained this was discussed at Plan Commission and the construction plans show a path on the north side of the proposed roadway to the Wal-Mart site on the east side of Moorland. Commissioner Hulbert made a motion to amend Resolution #P.C. 055-2008 to read; BE IT FURTHER RESOLVED, That the future development plans show a pedestrian way on the north side of the extended stub street. Commission Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 055-2008 was amended. Upon a roll call vote, AMENDED Resolution #P.C.055-2008 was ADOPTED unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL Commissioner Hulbert made a motion to DEFER Resolutions #P.C. 018-2008 and #P.C. 019- 2008 engross. Ald. Fiedler seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 018-2008 – Approval of an Annual Review for G & G Specialized Carriers LLC located in the NE ¼ of Section 17 (Tax Key No. 2225.999.019 / Apollo Drive). RESOLUTION #P.C. 019-2008 – Approval of an Annual Review for self storage units for Burback Builders LLC located in the Muskego Industrial Park in the NW ¼ of Section 16 (Tax Key No. 2221.016.001 / W185 S8095 Racine Avenue). OLD BUSINESS FOR RECONSIDERATION PAGE 12 Plan Commission Minutes, continued June 3, 2008 RESOLUTION #P.C. 037-2008 - Recommendation to Common Council for a 2010 Comprehensive Plan Map Amendment from Rural Density Residential to Medium Density Residential located in the NW ¼ of Section 8 (Tax Key No. 2190.994.027 / Hillendale Drive). Ald. Fiedler made a motion to reconsider. Commissioner Burke seconded. Ald. Fiedler explained after the last meeting Ald. Schneider informed him that the petitioner did not think he needed to be at the meeting and therefore wasn’t present to answer questions from the Plan Commission. Upon a roll call vote, motion to reconsider is approved unanimously. Director Muenkel stated he understands Plan Commission’s position in sticking with the 2010 Plan, but he feels in this situation it makes sense to amend the 2010 Plan due to the following reasons:  The existing 2010 Plan shows densities of the parcels surrounding this parcel to the south, north, and east being similar  The existing zoning of the parcels surrounding this parcel to the south, north and east are similar  The access for the parcel in question will stem from Hillendale Drive where higher density parcels are already found  This is the last remaining parcel in the sewer district similar to the parcels in the same zoning and the 2010 Plan densities  The parcels west of the parcel in question would not be suitable for higher densities due to environmental qualities of the land Staff believes it is reasonable to find that the parcel in question and the parcel immediately to the north of this parcel would be suitable as a low density land use, which would make a good transition of densities from east to west within this portion of Muskego along Racine Avenue. Ald. Schneider stated he has no issues with this land use amendment. Ald. Schneider further stated he has talked to the residents in the area and there are no issues. Mayor Johnson questioned if the owners of Kohne Salvage had concerns. Ald. Schneider explained Mr. Knudsen did clean up the property and has satisfied Mrs. Kohne’s concerns. Commissioner Burke questioned the significant grade changes that took place without proper permits. Mr. Knudsen stated since the last Plan Commission meeting he has applied for the proper permits, corrected the grade, and seeded and mulched the area. Commissioner Jacques stated she received a phone call from Mrs. Kohne who was concerned the wetlands were drying up. Commissioner Jacques suggested Conservation Commission review these concerns. Commissioner Hulbert made a motion to defer until Plan Commission can verify with Mrs. Kohne that all issues have been resolved and Conservation Commission can review the wetlands concerns. Commissioner Jacques seconded. Upon a voice vote, Resolution #P.C.037-2008 was deferred unanimously. CONSENT BUSINESS Commissioner Burke made a motion to ADOPT Resolutions #P.C. 052-2008 and #P.C. 056- 2008 engross. Ald. Fiedler seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 052-2008 – Approval of an amended Building, Site, and Operation Plan for Kwik Trip located in the SE ¼ of Section 8 and the NE ¼ of Section 17 (Tax Key No. 2192.975 / S79 W18884 Janesville Road). Resolution #P.C. 052-2008 was ADOPTED unanimously. RESOLUTION #P.C. 056-2008 – Approval of an amended Building, Site, and Operation Plan for EM Corporation located in the SE ¼ of Section 17 (Tax Key Nos. 2228.999.020 & 2228.999.021 / S82 W19339 Apollo Drive). Resolution #P.C. 056-2008 was ADOPTED unanimously. PAGE 13 Plan Commission Minutes, continued June 3, 2008 NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 046-2008 – Recommendation to Common Council to rezone a property from I-1 (Government, Institutional, & Public Service District) to HC-1 (Historic Crossroads District) for a future development located in the SW ¼ of Section 2 (Tax Key No. 2167.998 / S68 W14891 Janesville Road). Commissioner Stinebaugh made a motion to approve. Ald. Fiedler seconded. Director Muenkel explained the petitioner is proposing a rezoning from I-1 to HC-1 for a future development on the existing Atonement Lutheran Church property just west of Bushy’s. A 2010 amendment from Government and Institutional will also be required. Ms. Kurer would like to discontinue the church uses and allow the Historic Crossroads uses that are found to the east along Janesville Road once she takes over ownership. The Historic Crossroads uses allow a mix of commercial and residential uses. A public hearing was held on May 13, 2008 and three individuals spoke, one being Ms. Kurer. One individual questioned if the parcel would follow the Tess Corners Design Guide when redeveloped and if the parcel is within the Redevelopment District #1. The answer is yes to both questions. The last individual didn’t object but wanted to make sure that the Planning Department addresses noise and headlight issues once a future use is granted. Director Muenkel noted this would be addressed at the time of BSO approval. Ald. Fiedler explained Common Council questioned what would be developed in this area. Ms. Kurer explained she has an idea but would not have exact plans until the zoning is known. Ms. Kurer stated she has several options including a church and chapel or mixed use offices and apartments. Ms. Kurer noted she will not be taking the entire church down. Director Muenkel added that the HC-1 zoning district is the most restrictive with the design guide requirements added to it. Upon a roll call vote, Resolution #P.C. 046-2008 was ADOPTED unanimously. RESOLUTION #P.C. 053-2008 – Approval of a Building, Site, and Operation Plan for Prototype Stamping LLC located in the NW ¼ of Section 16 (Tax Key No. 2222.984.009 / Gemini Drive). Commissioner Stinebaugh made a motion to approve. Ald. Fiedler seconded. Mr. Trzebiatowski explained the plans meet the bulk requirements of the code. The petitioner is proposing a new building on a vacant lot. The type of work will consist of short run sheet metal stampings, general machining and wood patterns. The proposed building is 4,752 square feet. There will be 1-3 employees and typically only one customer per week. The hours of operation are from 6 AM to 5 PM. There will be no overnight truck parking on site and truck deliveries will be two times a month. The front and two sides of the building elevations are proposed to contain a combination of beige prefinished metal siding on the upper portion of the walls and a brownish/tan masonry veneer on the lower portion of the walls. The rear wall is proposed to be all beige prefinished metal siding as the rear is planned for future expansion. Parking and drive isles meet all the code requirements. Landscaping is being reviewed. No lighting has been proposed at this time and will need approvals. No outside storage will be allowed. Bollards must be painted to match the colors of the principal structure and handicap signs are to be incorporated into bored bollards. Staff recommends approval. Mayor Johnson questioned if there are masonry requirements. Mr. Trzebiatowski explained the Industrial Park does not have masonry requirements but the sides viewed from the street will have 50% masonry. There is no masonry on the rear side due to possible future expansion. Commissioner Noah stated he drove by the site and does not have any issues with the materials proposed. Mayor Johnson express concern with vibrations from the machines and questioned what type of machines will be used. The petitioner stated it will be a hydraulic press and not a drop forge machine. Upon a roll call vote, Resolution #P.C.053-2008 was ADOPTED unanimously. RESOLUTION #P.C. 054-2008 – Approval of an amended Building, Site, and Operation Plan for Tudor Oaks Retirement Community located in the SW ¼ and SE 1/4 of Section 12 (Tax Key PAGE 14 Plan Commission Minutes, continued June 3, 2008 Nos. 2207.999 & 2207.999.002 / S77 W12929 McShane Drive). Commissioner Stinebaugh made a motion to approve. Ald. Fiedler seconded. Mr. Trzebiatowski explained the Tudor Oaks facility was built in the 1970’s. In 2006 Plan Commission gave approval for amendments to the BSO and it was found that the plan was not feasible and did not move forward. Tudor Oaks has now re-examined their complex and a plan has been developed that takes advantage of the existing wings, without tearing them down. The site currently includes a total of 261 units all within an interconnected structure with a commons area and seven wings. The renovations include: gutting and remodeling four wings, additions to four wings with additional units and indoor parking, exterior remodeling of Wing D and the health center, remodeling of the central area including a work out facility and pool, remodel of the main entry, removing six of the existing garage structures and remodeling the remaining garage structures, and installing stomwater management facilities on site. Staff feels this is a non-substantial change as the proposal is reducing the number of units and improving the quality of what exists. Heights, setbacks, and open space all meet the requirements. The addition will contain material including brick to match the existing buildings, decorative stone headers and bases and wood and glass garage doors, and skylights. Existing and proposed parking meets the code requirements. Landscaping plans have been submitted and are being reviewed by the City Forester. Location and screening devices for dumpsters must be approved prior to the release of building permits. Staff recommends approval. Ald. Fiedler stated remodeling work that has been done in the past has been high quality and Tudor Oaks has been a good neighbor to his district. Upon a roll call vote, Resolution #P.C.54-2008 is ADOPTED unanimously. NEW BUSINESS PLACED ON FILE 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. 043-2008 – Approval of a Two Lot Certified Survey Map for the Peters Trust property located in the SW 1/4 of Section 32 (Tax Key No. 2287.998.009 / W198 S11020 Racine Avenue). DOCKET #P.C. 051-2008 – Approval of an amended Building, Site, and Operation Plan, a Certified Survey Map, and a Condominium Plat for the Aud-Mar Development located in the NE ¼ of Section 15 (Tax Key No. 2217.999.002 / S79 W15851 Aud Mar Drive). MISCELLANEOUS BUSINESS 1. Public Input ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 11:13 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 15