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PCM20090602 CITY OF MUSKEGO PLAN COMMISSION MINUTES unapproved 6:00 PM Tuesday June 2, 2009 Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue Acting Chairman Ald. Fiedler called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Ald. Fiedler, Commissioners Hulbert, Burke, Jacques, Director Muenkel, and Recording Secretary McMullen. ABSENT Mayor Johnson and Commissioner Stinebaugh Recording Secretary McMullen noted that the meeting was properly noticed on May 27, 2009 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE MAY 5, 2009 MEETING Commissioner Hulbert made a motion to approve the minutes of the May 5, 2009 meeting. Commissioner Burke seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. Public Hearing Ald. Fiedler read the public hearing notice for a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for the operation of an automobile service station known as Muskego Tire and Auto (Firestone), located in the NW ¼ of Section 10 (Tax Key Nos. 2198.991.002 & 2198.992 / Janesville Road). Director Muenkel explained the petitioner is proposing to construct a new 8,653 square foot auto repair facility on one privately owned parcel and one that will be purchased from the City’s Community Development Authority. The site is located on Janesville Road across the street from the Library and to the east of the Mobile station. th The CDA met on May 19 and made a recommendation for approval of $50,000 in TIF incentives for the proposed development and the offer to purchase from the developer. The BSO, CUG, and recommendation for rezoning is before the Plan Commission for approval. The rezoning, developer’s agreement, and TIF incentives will go before Council for approval. The property is zoned B-4 Highway Business District and the petitioner is requesting it be rezoned to DR-1 Downtown Revival district, which will allow the structure to be as close as 10- feet to the right of way line instead of 40-feet. Council created this zoning district for the Janesville Road reconstruction. A Conditional Use Grant is required in this zoning district for an auto repair use. Director Muenkel referenced the CUG zoning ordinance, which outlines the requirements for approval. The building design is governed by the General Design Guide and Downtown Design Guide. The structure is built with four-sided architecture and has masonry materials throughout. The materials include various colors of Heritage concrete brick, pre-finished gravel stop for a cornice, canvass canopies and anodized framing around spandrel and tinted glazing windows. Multiple bands of the heritage brick are used with alternating colors. The building is situated to have the front entryway/display area be the focal point of the building along Janesville Road. The overhead doors to the rear are all to be painted a color similar to the structure with a couple rows of windows. Plan Commission Minutes, continued June 2, 2009 Curbing is shown on the site plan from front to back with the back portion left open for snow storage and stormwater runoff. Cross access is shown with the Mobil property and also to the east once future redevelopment occurs. Parking is shown as 16 on site stalls with two for handicap use and 8 stalls are directly adjacent to the front entry way for customer use and another 8 stalls on the east side of the structure for employee and customer use. Lighting is proposed as pole and wall lighting similar to the lighting at the library. A photometric plan was provided and meets the City’s 0.5 foot-candle requirements. A landscape plan has been submitted and will require City Forester approval before building permits are issued. No outdoor storage will be allowed on the site. A future accessory building is shown on the plans, but is not part of this approval and would require future Plan Commission approval. The proposed size and location of the stormwater pond is appropriate as determined by the City Engineer. At the rezoning public hearing a concern was brought up related to stormwater run off to Little Muskego Lake. Director Muenkel explained that run off does go in that direction but the City has stormwater regulations that are stricter than the State’s as to how long the pond will hold water to reduce sediment run off and then allow it back into the system. Director Muenkel noted that any cars being worked on will be internal and all fluids will go into the internal drains to the sewer and not into the ponds. Another issue that was brought up at the public hearing was the location of the business to the City’s Wellhead Protection District. Director Muenkel explained that the property is close to one of the City’s wells but is not within the district. This district was set up to protect the City wells by prohibiting uses that might affect the well. Currently the Wellhead Protection Ordinance is weak and does not include many of the city’s wells prior to 1993. Staff is working with the DNR to change the ordinance to apply to all of the City’s wells. Director Muenkel noted that the Utility Superintendent and City Engineer have no issues with the proposal in relation to the location of the well. Bob Goehner, President of Briohn Building, was present and gave a presentation of the proposed development. Mr. Goehner explained there is much more green space on the proposed property than the existing property. The retention pond is located on the north end of the property. Water from the curbed asphalt area will drain through the grassy area before going into the retention pond. Mr. Goehner pointed out the eave heights vary to break up the flatness of the roof. The office area is cut out lower than the shop area. The roof top unit will be located above the office area in what looks like a tower to protect the unit from view on all four sides. The building will have four-sided architecture with different colored banding around the building. The overhead doors will be painted to match the block. Mr. Goehner noted that the overhead doors will be closed as much as possible to minimize the sound coming out of the building. There is more landscaping proposed than required. Commissioner Burke expressed concern with a lack of landscaping to the northwest side of the property and questioned the visibility from the houses on Briargate Lane. Mr. Goehner explained the houses are a distance back and there is a brush line on the west side of the property. Mr. Goehner also stated he would have to go out to the site and check the site lines to the homes. Rene Farias, W167 S7294 Briargate Lane:  Supports the business PAGE 2 Plan Commission Minutes, continued June 2, 2009  Concerned with the tree placement; does not want to see or hear noise from the business  Pond looks great and addresses the stormwater issue if built according to the plans  Feels the wetlands need to be respected and is the responsibility of Plan Commission to do so  Would like to see more trees and well defined and enforced  Stated the fence behind the Mobil Station has been down for six years and repair has not been enforced on the fence. Ald. Fiedler stated staff will look into this issue. Glen Ford, S73 W16773 Briargate Lane:  Concerned with lighting from the property Mr. Goehner explained the City’s lighting ordinance requires not more than .5-foot candles at the property line. The light fixtures that will be used are cut off fixtures that reduce the amount of glare. On the backside of the building there will be a small light over the door for safety and several pole lights in the parking lot for safety. Those lights will be cut off fixtures also. Commissioner Jacques questioned if the building would be located 10 feet off the road. Mr. Goehner explained the building is proposed to be 10-feet off the right of way line, which is about 25-feet from street curb. Director Muenkel noted the sidewalk will be about 5-feet from the property line. Commissioner Hulbert questioned what the hours of operation will be. Keith Hammitt, property owner, stated the hours of operation will be Monday – Friday from 7:30 AM to 7:00 PM and Saturday 7:30 AM to 4:00 PM. Commissioner Hulbert further questioned if the lighting will be on timers or will they be on all the time. Mr. Hammitt stated the awning lights will be on a timer. Mr. Goehner stated there will be only security lights left on overnight. Ald. Fiedler opened the public hearing for additional comments. Ald. Kert Harenda, District 2 Alderman: th  On May 19 the CDA met and a comment was heard that the property was located in a Wellhead Protection Area and staff stated it was not. Feels this issue needs further investigation. In the WB – Vacant Land Offer to Purchase line 19 states the property is zoned B-4 OPD/OWP/HWY Business with PUD and Wellhead Protection District  Requested this item be deferred to gain clarification on Section 13 of the Zoning Code and to look into issues of the Wellhead Protection District. Bob Bueckers, W186 S6790 Jewel Crest Drive:  Questioned how many vehicles that need repair will be allowed to park outside. Ald. Fiedler stated there will be no cars allowed to be parked outside. Paul Oman, S63 W16495 College Ave:  Cautioned against taking environmental issues to far and to take into account the cost and benefit. Ald. Neil Borgman, Alderman of district 3 where the new building is proposed:  Excited about selling the CDA property  Concerned with water run off and trying to keep Little Muskego Lake clean  The building looks nice  Requesting this item be deferred for more clarification on the wellhead district PAGE 3 Plan Commission Minutes, continued June 2, 2009 Suzi Link, W172 S7292 Lannon Drive:  There is a Wellhead Protection zone defined and published for this area and is at the lot line for this property. If this property were located 1-inch further to the north a conditional use grant for vehicle repair would not be allowed by state law.  In the CDA’s RFP to sell the property, the property is stated to be within a wellhead protection district, which prohibits certain businesses.  The goal of the property was to create a stormwater detention facility for the City.  There are at least 27 culverts 15 inches in diameter that drain in Little Muskego Lake  Frozen ground does not absorb water and after a heavy storm event the run off is chocolate color.  Little Muskego Lake should not be put at unnecessary risk.  This is not the only place in the City for this use and is not suitable for downtown. There have been no structures approved in the last decade on Janesville Road that have not been 4-sided architecture brick.  The downtown design guide or Mayor’s Task Force never indicated that this business is described for this area.  Would not pass the “but for” test of the TIF  Concerned with the purchase price of the property/value of the property  Requested this be deferred to research into the wellhead protection plan Ald. Fiedler declared the public hearing closed. Public Hearing Ald. Fiedler read the public hearing notice for the proposed amendment of Tax Incremental District #10 in the City of Muskego, the proposed amended boundaries thereof and the proposed amended project plan for the tax incremental district. Paul Omen, S63 W16495 College Ave  The City is doing a good job with economic development. The GE building facility looks nice.  Being on the school board, never liked the TIF.  Feels the water tower should not be included in the TIF. Director Muenkel explained the TIF was originally approved for the GE building and the infrastructure on the west side and three pad ready sites. The TIF also included the gateway, boulevards and a portion of the water tower that benefited the areas in the TIF. The water tower also benefits a majority of the City and was not totally paid for with TIF dollars. There are about 22 acres to the east of the TIF boundaries between the proposed Wal-mart and the Glenbrook Subdivision that was recently approved for rezoning to BP-3 and is also shown in the 2020 Comprehensive Plan as future business park uses. There will be no TIF incentives paid out for this area, but by amending the TIF to include this area any future development will create more tax base and will positively affect the TIF district and will allow the TIF district to be closed sooner. The Joint Review Board met last week and saw no issues. Members of the Joint Review Board commended the City on having a TIF that is working. Ald. Fiedler declared the public hearing closed. OLD BUSINESS FOR CONSIDERATION PAGE 4 Plan Commission Minutes, continued June 2, 2009 None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Commissioner Burke made a motion to ADOPT Resolutions #P.C. 040-2009 and 042-2009 engross. Commissioner Noah seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 040-2009 - Approval of an Accessory Structure for Edward Janicki located in the SW ¼ of Section 34 (Tax Key No. 2295.995.002 / W167 S11097 Loomis Drive). Resolution #P.C. 040-2009 was ADOPTED unanimously. RESOLUTION #P.C. 042-2009 - 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. 042-2009 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 039-2009 – Approval of a Building, Site, and Operation Plan, Conditional Use Grant, and a Recommendation to the Common Council to rezone properties from B-4 (Highway Business District) to DR-1 (Downtown Revival District) for an automobile service station known as Muskego Tire and Auto (Firestone) located in the NW ¼ of Section 10 (Tax Key Nos. 2198.991.002 & 2198.992 / Janesville Road). Commissioner Burke made a motion to ADOPT Resolution #P.C. 039-2009. Commissioner Noah seconded. Commissioner Hulbert explained that if the Aldermen want to defer for the wellhead protection issue he would be agreeable, but only for that reason. Commissioner Hulbert stated he was encouraged that the bay doors would face the east and west and none on the north and the lighting concerns have been addressed with timers. He feels this building is appropriate for the area and the site plan, building, and hours are good. Commissioner Burke agreed with deferring based on the Aldermen’s request, but he also has concerns with screening on the north side of the property. If there is a visible line to the houses on Briargate, there should be more screening added to the landscape plan. Commissioner Burke noted the building looks great. Ald. Fiedler explained he is not in favor of deferral based on the current laws, which does permit this use and the conditional use grant. The property not being in a wellhead protection district if the ordinances change would not affect this request. The business is a current business and resident of the City and wants to stay in the City. The parking lot will not discharge more or dirtier water than any other business in the City and the repairs will be inside with no outdoor storage outside. The stormwater guidelines of the City exceed the State’s, which are designed to deal with parking lots and rooftops. The project and location are good and the rezoning, BSO, and CUG are appropriate. Commissioner Noah stated he is in favor of the deferral unless Director Muenkel can say it is definitely not in a wellhead protection district. Commissioner Noah also stated he feels that the issue of being 1 -inch outside the district does not matter, and relating to the stormwater ponds he feels this property would be no different than any other parking lot in the City. Commissioner Noah stated he feels this is a great improvement to the site for stormwater than PAGE 5 Plan Commission Minutes, continued June 2, 2009 what exists there currently. Ald. Fiedler noted this is a good model and design of a stormwater pond being located on the downhill side of a property and contains all the water that comes off of the property. The only other concern Commissioner Noah expressed was related to the comment “the overhead doors will be closed whenever possible” and suggested the doors should be closed at all times other than vehicle ingress and egress. Noise could be an issue to the surrounding area and neighborhood. Commissioner Noah made a motion to AMEND Resolution #P.C. 039-2009 to read BE IT FURTHER RESOLVED, T hat overhead doors and warehouse storage doors must be closed at all times other than vehicle ingress and egress whenever possible in order to minimize any noise issues that might result from the operations of the site. Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 039-2009 was AMENDED unanimously. Ald. Fiedler referred to Director Muenkel as to if he could say if the property is currently in a wellhead protection district. Director Muenkel stated the zoning ordinance currently says that it is not in a wellhead protection district but he would need to do further research on past documents due to information that was presented and cannot answer that question. Commissioner Hulbert made a motion to DEFER. Seconded by Commission Burke. Upon a roll call vote, AMENDED Resolution #P.C. 039-2009 was DEFERRED 4-1, with Ald. Fiedler voting no. RESOLUTION #P.C. 041-2009 – Resolution recommending the amendment of Tax Incremental District No. 10 and approval of the proposed amended Project Plan for the district (Muskego Commerce Center / East and West of Moorland Road, just south of College Avenue). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 041-2009. Commissioner Hulbert seconded. Discussion took place on what type of development could occur in this area. Director Muenkel explained to determine a value for the TIF project plan, the rendering for three 100,000 sq ft buildings have been used basing the value on 200,000 square feet of structure for the TIF value. Although the campus style has been discussed, the Plan Commission and Council did not make this a condition of the approval. The rendering that has been used only represents what the value could be for the TIF and does not necessarily mean that is what will be built. Based on the zoning, a future proposal could be a building similar to GE. A building and site plan would still need to come through Plan Commission for approval. Commissioner Hulbert expressed concern with having another big box in this area. The understanding was that this development would buffer the residents with a campus type development. Director Muenkel noted that the rendering is the same as the one from the rezoning request a few months ago that Plan Commission approved. Ald. Fiedler stated he feels that at the time the rezoning was approved it was understood that the developer would have to come back to Plan Commission for Building, Site, and Operation approval and that Plan Commission would be looking for something more in terms of a buffer with architecture that would have to look better and quieter and less in terms of a Wal-Mart and GE type development. Commissioner Hulbert suggested alerting developers that Plan Commission is not interested in a big box type development in this area, but is interested in developments that are broken up and act as a buffer to the residents. Commissioner Burke added that he would have a hard time approving another big box in this area. Ald. Fiedler clarified that by adding this area into the TIF District it would not be costing the City more money, but would allow the TIF to be paid back faster. Commissioner Burke questioned if there would be more of a benefit to not include this area in the TIF and receive the taxes now. PAGE 6 Plan Commission Minutes, continued June 2, 2009 Director Muenkel explained that the TIF is a large area and it would be more beneficial to get the larger area retired because it will have more taxes generated than the proposed 20 acres. Ald. Fiedler noted that the proposed area is located in the back and would be developed last. Commissioner Hulbert agreed it would be beneficial to retire the TIF earlier and bring in a larger amount of money sooner. Upon a roll call vote, Resolution #P.C. 041-2009 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). DOCKET #P.C. 034-2009 – Approval of a Two Lot Certified Survey Map for the Larson property located in the SE 1/4 of Section 13 (Tax Key No. 2212.999.002 / W125 S8330 North Cape Road). DOCKET #P.C. 043-2009 – Approval of a Building, Site, and Operation Plan for a Hobby Kennel located in the NE ¼ of Section 14 (Tax Key No. 2213.984.001 / W144 S7931 Durham Drive). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 8:09 PM. Commissioner Burke 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 7