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PCM20091006 CITY OF MUSKEGO PLAN COMMISSION MINUTES approved 6:00 PM Tuesday October 6, 2009 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, Noah, Stinebaugh, Jacques, Director Muenkel, and Recording Secretary McMullen. ABSENT Commissioner Burke Recording Secretary McMullen noted that the meeting was properly noticed on September 30, 2009 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE SEPTEMBER 1, 2009 MEETING Ald. Fiedler made a motion to approve the minutes of the September 1, 2009 meeting. Commissioner Stinebaugh seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 048-2009 - Recommendation to Common Council to repeal and recreate Section 13 of the City of Muskego Zoning Code (Wellhead Protection). Director Muenkel explained it has been found that the existing Wellhead Protection Ordinance is out of date. Every new well after 1992 was required by the DNR to have a Wellhead Protection Plan that would restrict land uses within a certain distance. However, each time a new well was added to the zoning code the restrictions were inputted differently. One well requires a distance of a couple miles and others less. With wells 13 and 9 going online soon, now is a good time to determine the best course of action relating to the Wellhead Protection Ordinance. Director Muenkel recommended adopting the State Statutes for the Wellhead Protection Ordinance. Director Muenkel noted the DNR’s Ordinance will still protect against hazardous uses and it will be easier to administer. In the past the plan was mapped by parcel, which isn’t accurate because parcels change due to land divisions. Now the zoning map will show a 1200- ft buffer around each well representing restricted land uses. A public hearing was held and there were no concerns. Ald. Borgman stated he has received concerns relating to designated uses and designated distances that were in the previous ordinance and not in the new one, specifically for dry cleaners and gas stations. Questioned if there will be the same level of protection as in the past. Director Muenkel explained the City put restrictions on dry cleaners in the ordinance, but the DNR never has. The Wellhead Protection Plan will map out the topography of the impacted area and how the direction of the water would drain. Also, due to the type of clay soils in the City, storm water would be impacted before ground water and wells and that is why stormwater management is important. Mayor Johnson added that the DNR is the expert on ground water and allowing them to maintain the Ordinance is a benefit for the City. Ald. Fiedler made a motion to AMEND Resolution #P.C. 048-2009 as presented. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 048-2009 is AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 048-2009 is ADOPTED unanimously. Plan Commission Minutes, continued October 6, 2009 OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS RESOLUTION #P.C. 060-2009 – Approval of a One Lot Certified Survey Map (to combine two lots into one) for the new Muskego Tire & Auto property located in the NW 1/4 of Section 10 (Tax Key Nos. 2198.991.002 & 2198.992 / S73 W16610 Janesville Road). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 060-2009. Ald. Fiedler seconded. Upon a roll call vote, Resolution #P.C. 060-2009 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 059-2009 – Recommendation to Common Council to rezone a property from RSE (Suburban Estate) to B-3 (General Business) located in the SE ¼ of Section 25 (Tax Key No. 2259.995.004 / Loomis Drive). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 059-2009. Commissioner Stinebaugh seconded. Director Muenkel explained the petitioner is requesting a rezoning from RSE Suburban Estate District to B-3 General Business District on Loomis Drive along Hwy 36. The new 2020 Plan depicts this area for commercial uses with a note for the general Loomis Corridor area that says “future consideration should be given to commercial uses along this stretch when viable development plans are presented.” The type of business proposed is described as an “a la carte of beauty salons”. Nine fully equipped suites will be leased to licensed hair stylists, nail technicians and massage therapists. Director Muenkel noted that the rezoning approval is dependent upon a viable BSO plan being approved in the future. A public hearing was held and no one spoke. A letter was received from a nearby resident who does not want any commercial business in this area as there is already heavy traffic from the landfill. Staff is recommending approval given the compliance with the new 2020 Comprehensive Plan and a viable development plan close to Hwy 36. Ald. Fiedler stated he has not received any complaints or concerns from his constituents. This proposal is in the same area as the Durham Hill Nursery and the car lot on Loomis. Commissioner Hulbert explained he would like to see a building comparable to the Journal Sentinel building on Janesville Road. A similar residential type building would fit into the area. Upon a roll call vote, Resolution #P.C.059-2009 was ADOPTED unanimously. RESOLUTION #P.C. 061-2009 - Approval of a metal accessory structure for Donald Skarda located in the NE ¼ of Section 5 (Tax Key No. 2177.940.004 / W188 S6539 Gold Drive). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 061-2009. Commissioner Jacques seconded. Director Muenkel explained the petitioner is requesting to install a carport type accessory structure. The General Design Guide requires Plan Commission approval. The proposed carport is 12’ x 29’, totaling 348 square feet. The carport will be located 5 ½ feet off the north lot line, off the edge of the garage. The property owner to the north signed off with his approval. The area is heavily screened from the road. The carport will be metal with no sides and the color of the roof will match the house. Commissioner Hulbert cautioned that the sides and the ends should not be enclosed. Each carport should be considered individually. Mayor Johnson stated these types of structures may affect the quality of the neighborhood. Ald. Fiedler suggested the restrictions be based on the lot size and zoning. The Commissioners agreed that the requirements for approval of these PAGE 2 Plan Commission Minutes, continued October 6, 2009 types of structures in the future should be reviewed. Upon a roll call vote, Resolution #P.C.061- 2009 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 004-2009 – Approval of a Four Lot Certified Survey Map for the Thomas Wernette property located in the NE 1/4 of Section 12 and the SE 1/4 of Section 1 (Tax Key No. 2205.041 / W128 S7110 Flintlock Trail). MISCELLANEOUS BUSINESS Commissioner Jacques asked staff to follow up with carports on Janesville Road and Woods Road that are now fully enclosed. ADJOURNMENT Commissioner Jacques made a motion to adjourn at 6:45 PM. Commissioner Hulbert seconded. Upon a voice vote, motion carried. With no further business to come before the Commission, the meeting was adjourned. Respectfully submitted, Kellie McMullen Recording Secretary PAGE 3