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PCM20080401 CITY OF MUSKEGO approved PLAN COMMISSION MINUTES 6:00 PM Tuesday April 1, 2008 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Ald. Fiedler called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Ald. Fiedler, Commissioners Noah, Hulbert, Burke, Stinebaugh, Jacques, Plan Director Muenkel and Recording Secretary Renk. ABSENT Mayor Johnson Recording Secretary Renk noted that the meeting was properly noticed on March 27, 2008 in accordance with the Open Meeting Law. MINUTES Commissioner Hulbert made a motion to approve the minutes of the March 4, 2008 meeting. Commissioner Stinebaugh seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR RECONSIDERATION RESOLUTION #P.C. 023-2008 – Approval of an Annual Review for Frey Auto located in the NE ¼ & SE ¼ of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002). Commissioner Noah made a motion to RECONSIDER and ADOPT Resolution #P.C. 023-2008. Commissioner Jacques seconded. Director Muenkel explained this item is back for reconsideration because the petitioner would like to amend their BSO to allow a flatbed tow truck parked on the east end of the gas station and to allow an auto display rack. Director Muenkel further stated staff has done inspections of the property and the site is in order and the items requested are not out of the ordinary. Commissioner Hulbert questioned where the flat bed truck will be located. Director Muenkel stated the truck will be located in line with the northern most gas pump and the owner of the property has given written approval. Commissioner Noah stated he visited the site and agreed it was in order and did not see any impacts on the neighbors by this request. Upon a roll call vote, RESOLUTION #P.C. 023-2008 is ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION 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). Director Muenkel explained the property owner has sold the property and requested this item be removed from the agenda. Staff recommends denial without prejudice. Upon a roll call vote, Resolution #P.C. 089-2008 is DENIED WITHOUT PREJUDICE unanimously. RESOLUTION #P.C. 016-2008 – Approval of an Annual Review for Midwest Auto Works, located in the SW ¼ of Section 9 (Tax Key No. 2196.989 / W179 S7714-16 Pioneer Drive). Director Muenkel explained a site inspection was completed on Friday and the property was in compliance. Upon a roll call vote Resolution #P.C. 016-2008 is ADOPTED unanimously. Plan Commission Minutes, continued April 1, 2008 RESOLUTION #P.C. 025–2008 – Approval of an Annual Review for the Muskego Gateway Entertainment Complex located in the SE ¼ of Section 5 (Tax Key No. 2180.994.001 / S67 W19491 Tans Drive.). Director Muenkel explained this item was deferred to allow the property owner to fix the refuse enclosure and move the signage on the north and south side of the building. The owners will be cleaning the area where the signs were located. Upon a roll call vote Resolution #P.C. 025-2008 is ADOPTED unanimously. RESOLUTION #P.C. 035-2008 – Approval of Building, Site, and Operation Plan for Well #13 located in the NW ¼ of Section 11 (Tax key No. 2202.156) within the Quietwood East II Subdivision. Director Muenkel explained this item was deferred to receive more information about how the lot was approved in the past and background financial information. After discussion with the Utilities Staff, the following was found:  The lot for the well was platted as an outlot specifically for a new well. Any new landowner would of known that a well and supporting facility was to be constructed here.  There is no language in the Developers Agreement or Covenants/Restrictions that states the City has to build a well supporting structure to the architectural standards.  The cost to build a well supporting structure to the architectural standards proposed costs considerable more than a basic square masonry structure. The monies used are not tax dollars, but water utility monies. Director Muenkel noted that the focus of the Plan Commission should not be on the financial aspects but on the architectural standards, which are more than adequate. Staff is recommending approval based on the architectural standards. Commissioner Noah agreed that the focus of this Committee is not funding, but this could also be setting precedence for future well sites. Commissioner Noah suggested creating a design guide for subdivision and non-subdivision well houses. Commissioner Hulbert stated even though the money is coming from the utility budget it is still a tax that is spread over all the people on the utility system and suggested saving the money in the event of future problems with the utility system. Stated he will be voting against the proposal. Commissioner Jacques also stated she will vote against the proposal; citing it has the appearance of being an expensive house and that everyone in the subdivision knew the outlot was marked for utilities. Ald. Fiedler agreed that this could be setting precedence, but the jurisdiction of the Plan Commission is to determine if the plan meets with the surrounding neighborhood. Ald. Fiedler also stated he disagrees with the amount of money being spent. Commissioner Burke stated the proposal meets the requirements of the architectural design but also exceeds architectural standards and is concerned with the indirect taxpayer expenditure. Commissioner Stinebaugh moved to defer to allow the Utility Committee to review and possible revise the plans. Upon a voice vote, Resolution #35-2008 was DEFERRED 4-2 with Commissioner Noah and Ald. Fiedler voting no. OLD BUSINESS SCHEDULED FOR DEFERRAL 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). Director Muenkel explained citations have been issued and are accruing on a daily basis. Commissioner Hulbert made a motion to DEFER Resolution #P.C. 018-2008. Commissioner PAGE 2 Plan Commission Minutes, continued April 1, 2008 Burke seconded. Upon a voice vote, Resolution #P.C. 018-2008 was DEFERRED unanimously. 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). Director Muenkel explained the letter st that was sent to the property owner gave them until May 1 to have the issues resolved. Commissioner Hulbert made a motion to DEFER Resolution #P.C. 019-2008. Commissioner Jacques seconded. Upon a voice vote, Resolution #P.C. 019-2008 was DEFERRED unanimously. RESOLUTION #P.C. 033-2008 – Approval Park Arthur Site Plan located in the NE ¼ of Section 4 (Tax key Nos. 2173.994, 2173.991.002, 2173.991.003, & 2173.993 / S63 W17833 College Avenue). Director Muenkel stated the Public Information Meeting will be held Monday th April 7 at Bay Lane Middle School at 6:00 PM. Commissioner Stinebaugh made a motion to DEFER Resolution #P.C. 033-2008. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 033-2008 was DEFERRED unanimously. CONSENT BUSINESS Commissioner Hulbert made a motion to approve Resolution #P.C. 036-2008, #P.C. 041-2008, #P.C. 042-2008 engross. Commissioner Burke seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 036-2008 – Approval of an Amendment to a Building, Site, and Operation Plan for Verizon Wireless for a back-up generator located in the SW ¼ of Section 34 (Tax Key No. 2295.996.006 / S108 W17044 Loomis Road). Resolution #P.C. 036-2008 was ADOPTED unanimously. RESOLUTION #P.C. 041-2008 – Approval of an Annual Review for the sale of fireworks for Vince and Heather Siegel at the Jetz Fuel property located in the SW ¼ of Section 2 (Tax Key No. 2167.995.011 / S69 W15461 Janesville Road). Resolution #P.C. 041-2008 was ADOPTED unanimously. RESOLUTION #P.C. 042-2008 – Approval for the sale of fireworks for Vince and Heather Siegel on a property located in the NE ¼ of Section 25 (Tax Key No. 2257.978.005 / W125 S9782 North Cape Road). Resolution #P.C. 042-2008 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 002-2008 - Approval of a Preliminary Plat for Edgewater Heights Subdivision located in the NE ¼ of Section 21 (Tax Key No. 2241.999 / Racine Avenue). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 002-2008. Commissioner Hulbert seconded. Director Muenkel explained the Edgewater Heights subdivision proposal received approvals for rezoning last year from Common Council and Plan Commission. It is located in the southeast corner of Racine Avenue and Woods Road just east of Muskego High School. The RSE zoning district allows residential lots with a minimum of 40,000 square feet and 150 feet in width. The preliminary plat shows no lots less than 43,560 square feet in area and an average width of 150 feet. The RSE zoning allows front setback of 40 feet and offsets of 25 feet from the side and rear lot lines. The plat proposes 34 single- family lots and 4 outlots for wetland preservation and stormwater management. The outlots fully contain the wetlands that were delineated during the rezoning process and are under the shoreland wetland zoning as approved by the DNR. Restrictions have been placed on the PAGE 3 Plan Commission Minutes, continued April 1, 2008 wetlands for setbacks of 30 feet to 75 feet. Structures can still be built within the 75 feet if it can be proven that the run off goes outside of the wetland protection area. The proposal meets the 2010 Comprehensive Plan requirements. Staff recommends approval based on technical corrections and the following contingencies included in the Resolution:  City Engineer/Consultant must pay special attention during the Construction Plan review for any road/intersection upgrades/improvements required as part of the development  All utility, roadway and construction plans must be reviewed by the Public Utility and Public Works Committees and special concern must be given during the Construction Plan review relating to the looping of the water main though the development.  This subdivision must be reviewed by the Conservation Commission before the preliminary plat can be approved by the Common Council. Ald. Schaefer requested the County Engineer also review the Construction Plans. Commissioner Hulbert made a motion to AMEND Resolution #002-2008 to read, BE IT FURTHER RESOLVED, That the County Engineers, the City Engineer and/or Consultant must pay special attention during the Construction Plan review process… Commissioner Stinebaugh seconded. Upon a roll call vote Resolution 002-2008 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution 002-2008 was ADOPTED unanimously. RESOLUTION #P.C. 039-2008 - Recommendation to Common Council to rezone a portion of a property from BP-3 – Business Park District to B-3 – General Business District located in the NE ¼ of Section 3 (Portion of Tax Key No. 2169.999.001 / Moorland Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 039-2008. Commissioner Noah seconded. Director Muenkel explained the petitioner is requesting to rezone property on the east side of Moorland Road from BP-3 Business Park District to B-3 General Business District. The B-3 district allows parcels of 20,000 square feet and at least 100 feet in width, which the parcel conforms to. The B-3 zoning allows a variety of commercial uses. The 2010 Comprehensive Plan depicts the area for business park uses, which is consistent with commercial and business uses. No amendments are needed. The City setup the BP zoning to promote business along Moorland Road after the road extension from New Berlin into Muskego. The TIF 10 project plan was approved with the notion that GE will be located on the west side and the east side will be more commercial/retail. Developers have now come forward knowing that the GE project is moving forward. The Common Council public hearing is scheduled for th April 8. If substantial issues arise the Mayor will bring this item back to Plan Commission for reconsideration. Notices have been sent out and signs have been placed on the site. Only about eight calls have been received and there have been no negative comments. Commissioner Stinebaugh expressed concern that the entire east side would end up as a strip mall. Mr. Carity was present and stated the property will be across the street from the GE site. Mr. Cairty explained they would like to move forward and allow for more commercial type uses along the east side of Moorland Road. The 20,000 square foot parcels are not in the scope of the project, but larger users like restaurants and commercial/retail type uses that would mirror the land plan on the west side. Mr. Carity reiterated this is not a strip mall. The B-3 area is about 30 acres in size and a the actual future uses along with the a site plan for the area is in place and will be coming forward if the rezoning moves forward. Commissioner Hulbert questioned if the rezoning would be along Moorland Road only. Director Muenkel stated the east side will remain RS-1 at this time. Commissioner Hulbert noted if someone came forward and wanted to develop a strip mall the Plan Commission may not be able to tell them no. Mr. Carity stated it is not their intentions to build a strip mall. PAGE 4 Plan Commission Minutes, continued April 1, 2008 It was the consensus of the Commission that if issues were to arise at the public hearing this will be brought back to Plan Commission. Upon a roll call vote Resolution #P.C. 002-2008 was ADOPTED unanimously. RESOLUTION #P.C. 040-2008 - Recommendation to Common Council to amend Chapter 17 and 18 of the Municipal Code relating to wetland setbacks. Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 040-2008. Commissioner Burke seconded. Director Muenkel explained when wetlands are delineated for a CSM or a subdivision plat the DNR has to concur with where those boundaries are. The DNR will list if the susceptibility is low, medium, or high. Each susceptibility category has required setbacks for impervious surfaces and structures from the wetland boundary.  High susceptible wetlands - 75 foot offset required.  Medium susceptible wetlands - 50 foot offset required.  Low susceptible wetlands - 10 foot offset required. Staff has followed this policy and is requesting to make this as part of the Land Division th Ordinance. A public hearing is scheduled for April 8 and if any substantial information develops from the public hearing, the Mayor will bring this back to Plan Commission for reconsideration. Commissioner Hulbert questioned if this change to the ordinance would have affected the Edgewater Heights subdivision that was just approved. Director Muenkel stated it could have, but the DNR will allow property owners to still install impervious surface within the setbacks if they can prove the runoff will not go into the wetlands. Commissioner Noah expressed concern with taking away the ability to work with the developers to make exceptions to the required wetland setbacks, such as Edgewater Heights. Director Muenkel explained there are no guarantees of what is taking place in these areas and under this policy the engineers/surveyor would not have to look at a grading plan each time someone wants to put a structure or impervious surface within the wetland setbacks. Ald. Fiedler questioned, if approved, is there the ability to make exceptions to this policy. Director Muenkel noted there is an appeal process where if the property owner can prove through engineering studies that the wetlands would not be affected, Plan Commission can make the determination to allow building within the setbacks. Director Muenkel realized Ald. Fiedler’s concerns and will remove the “appeal” language from the ordinance. Commissioner Hulbert stated he agrees with the proposed ordinance change. The developer can see up front and in writing what they are allowed to do. Upon a roll call vote, Resolution #040-2008 was ADOPTED 5-1, with Commissioner Noah voting no. RESOLUTION #P.C. 044-2008 – Approval of a Temporary Subdivision Sign for the Kaestner- Kinart LLC Development known as Fenwick Estates (Tax Key No. 2283.999.002 / Crowbar Drive). Commissioner Noah made a motion to ADOPT Resolution #P.C. 044-2008. Commissioner Burke seconded. Director Muenkel explained the City Ordinance allows for a temporary sign designating a new building or development when certain restrictions are followed and Plan Commission approval is given for extenuating circumstances. The petitioner is proposing a sign for a future development, which will be double faced and 32 square feet in size stating: “Coming Soon…Lake Lots and Spacious Residential Home- Sites; For more information call…” Director Muenkel noted last year Plan Commission approved the temporary sign for Atonement Lutheran Church. The Resolution stated that if the sign would be continually maintained it would be allowed to remain. This Resolution was worded the same way and that Plan Commission would monitor the sign and if it fell in disrepair Plan Commission PAGE 5 Plan Commission Minutes, continued April 1, 2008 would take action to have it removed or repaired. Mr. Kinart was present and stated they would like to use the sign as a fact-finding mission to see what the level of interest is for this subdivision. Ald. Fiedler expressed concern for approving an indefinite timeframe for the temporary sign. Director Muenkel stated Plan Commission could limit the approval to one year with the possibility of extensions. Commissioner Hulbert made a motion to AMEND Resolution #044-2008 to read; “BE IT FURTHER RESOLVED, That the Plan Commission will allow the sign for one year with the ability to come back to the Plan Commission for an extension. Commission Noah seconded. Upon a roll call vote, Resolution 044-2008 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution 044-2008 was ADOPTED. 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. 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). DOCKET #P.C. 038-2008 - Recommendation to Common Council to amend 18 of the Municipal Code relating to dedication fees. 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). MISCELLANEOUS BUSINESS 1. Platting Process – Director Muenkel discussed the new platting process. It was the consensus of the Commissioners that a conceptual plat/ sketch should be highly recommended to potential developers and possibly added as a requirement to the Land Division Ordinance. 2. Public Input – Mayor Johnson will discuss at a future meeting. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 7:30 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 6