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PCM20090505 CITY OF MUSKEGO PLAN COMMISSION MINUTES approved 6:00 PM Tuesday May 5, 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 April 3, 2009 in accordance with the Open Meeting Law. MINUTES Commissioner Jacques made a motion to approve the minutes of the April 7, 2009 meeting. Ald. Fiedler seconded. Ald. Fiedler made a correction to page 1, Resolution #P.C. 006-2009. The last sentence should read Ald. Fiedler stated he is concerned these new setbacks would negatively affect the residents in district 6 and 7. Upon a voice vote, motion to approve the minutes as corrected was ADOPTED unanimously. PUBLIC HEARING Secretary McMullen read the public hearing notice to consider a Conditional Use in accordance with Section 14 of the Muskego Zoning Ordinance for the purpose of the sales of personal recreational vehicles (snowmobiles, motorcycles, ATV’s, and personal watercraft) for Adrenaline Powersports LLC located in the SW ¼ of Section 16 (Tax Key No. 2223.994.009 / W184 S8400 Challenger Dr). Director Muenkel explained the petitioner is moving the business within the industrial park from Saturn Drive to Challenger Drive. A Conditional Use Grant was approved in 2008 for the business on Saturn Drive. They are now proposing the same operations at the new location. The business will be for the sale of power sport equipment including: snowmobiles, atvs, motorcycles, personal watercraft, skateboards, snowboards, and wakeboards. The petitioner is requesting to have an outdoor storage area in front of the store and would place it within the grassy area between the parking lot and the roadway on private property, not within the right of way. They are proposing to install an 8’ X 16’ stamped concrete slab dyed to look like slate. No more than 2 units will be parked on the slab and only during business hours. The petitioner is requesting additional outdoor storage, but will be contained behind a proposed cedar privacy fence. The store hours are proposed as Monday – Friday from 11:00 AM until 8:00 PM. Saturday from 10:00 AM until 8:00 PM and Sunday from 11:00 AM until 4:00 PM. There will be one full time employee and two part time employees and are expecting 20-30 customers per day. The petitioner, Rick Ringer, was present and stated they are moving the business for more space and visibility. The operations will remain the same. Commissioner Hulbert expressed concern with the existing conditional use grant that will need to be eliminated. Director Muenkel explained there is a formal process to remove a conditional use grant. Plan Commission Minutes, continued May 5, 2009 Mayor Johnson opened the public hearing for comments and no one came forward. The public hearing was closed at 6:08 PM. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 030-2009 – Recommendation to Common Council to repeal and recreate the Chapter 17 Zoning Code and the Chapter 18 Land Division Code of the City of Muskego. Director Muenkel explained staff has done research on what qualifiers should be allowed to obtain bonus lots for a Conservation Subdivision. Staff has found that many communities in southeastern Wisconsin (27 out of 42) do not allow bonus lots in their conservation preservation ordinance. The communities that do allow bonus lots do so by right or subject to the amount of open space the developer provides. Staff has also met with local developers and discussed how to encourage conservation preservation subdivisions. The developers agreed that reducing open space and giving bonus parcels opportunities are beneficial, but the qualifiers do not fit the goal of the ordinance. The qualifiers could be useful as guidelines. Director Muenkel noted it has been the intent of the Planning Commission to make Conservation Subdivisions more desirable by reducing the amount of open space from 60% to 50% and by allowing more bonus parcels. Staff recommends that the qualifiers should be guidelines and bonus parcels be given at the discretion of the Planning Commission and Council. Director Muenkel further recommended that the reasons and circumstances for allowing bonus parcels be stated in the Resolution. Mayor Johnson suggested that buildable land be considered more valuable and should receive higher bonus parcels than areas in the wetlands. Ald. Fiedler agreed and stated that Plan Commission and Council would have that discretion. Ald. Fiedler cautioned that the approving body must be careful to state why they are allowing something. Commissioner Hulbert expressed concern that less open space is being required and more lots are being allowed. Commissioner Noah stated receiving bonus lots is not an entitlement and there are going to have to be reasons if any bonus lots are received. Commissioner Noah further stated that not every situation is going to be the same. It will be important that there be a summary of what and why decisions were made. Director Muenkel explained that the Zoning Code will document the approval for Conservation Preservation developments. Ald. Fiedler stated this is a way to provide a voluntary attractive means to get developers and landowners to buy into preservation of open space. Ald. Fiedler made a motion to AMEND Resolution #P.C. 030-2009 per staff’s suggestions while also further adding the following: 3. That the qualifiers for a developer to attain bonus lots, when proposing a Conservation Subdivision, should change as follows: 18.81(1): The development yield analysis in section 18:31(3)(l) shall establish the base development yield for the parcel. The base development density may be increased, at Planning Commission and Common Council discretion that the overall layout fits with the proposed theme and spirit of the ordinance, to the allowed number of bonus parcels per Sub. 2 below, if the development demonstrates it is adequately applying some of the following guidelines in some way. Reasons for allowing any bonus parcels shall be stipulated in City approving resolutions/ordinances as bonus lots are not guaranteed. And to include: ix As opposed to wetlands or other buildable areas; Open, buildable land may be counted as more meaningful preservation for purposes of awarding bonus lots. Commissioner Noah seconded. Commissioner Hulbert agreed these changes are a good start. Page 2 Plan Commission Minutes, continued May 5, 2009 Upon a roll call vote, Resolution #P.C. 030-2009 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 030-2009 was ADOPTED unanimously. Commissioner Stinebaugh suggested that staff track the history for Conservation Preservation Subdivision approval in a spreadsheet type format. Commissioner Noah added that the spreadsheet should include the size of the development, a summary, and what bonus parcels were given and why. Director Muenkel explained that the Zoning Code already details the approval for each Conservation Subdivision. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS RESOLUTION #P.C. 038-2009 – Approval of an Annual Review for the sale of fireworks for Lynn Sorce at the Piggly Wiggly property located in the SE ¼ of Section 8 (Tax Key No. 2192.973 / W189 S7847 Racine Avenue). Ald. Fiedler stated he will be abstaining from this vote and excused himself from the room during discussion. Commissioner Jacques made a motion to ADOPT Resolution #P.C. 038-2009. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 038-2009 was ADOPTED 5-0-1 with Ald. Fiedler abstaining. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 037-2009 – Approval of a Building, Site, and Operation Plan and a Conditional Use Grant (CUG) for Adrenaline Powersports LLC located in the SW ¼ of Section 16 (Tax Key No. 2223.994.009 / W184 S8400 Challenger Dr). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 037-2009. Commissioner Hulbert seconded. Director Muenkel explained removing the existing conditional use grant is not included as part of this resolution, but the City can move forward with the process to remove it. Director Muenkel further explained the approval was for the specific business and the approving Resolution is also tied to this business. Commissioner Hulbert requested staff look into the difference between conditional use grants issued in the past such as Pioneer Auto, where the conditional use grant was not removed and was allowed to stay with the property. Commissioner Hulbert stated it may be beneficial to hold up approval for Adrenaline Powersports until the existing conditional use grant is removed. Commissioner Noah suggested that wording be added to future conditional use grants that when a business leaves a building the approval is automatically is rescinded. Director Muenkel explained there is a formal process and a document would need to be recorded to remove the conditional use grant, but staff will look into this further. Ald. Fiedler believed that once the use ceases the conditional use grant ceases also. Ald. Fiedler also stated that a tenant would have no leverage with the landlord to have the conditional use grant removed and Plan Commission shouldn’t hold up approval for the business. Commissioner Hulbert added that if a new tenant comes in and requests a conditional use grant where there already exists a previous one, then Plan Commission should require the first one be removed. Commissioner Stinebaugh suggested staff follow up with the City Attorney for an Page 3 Plan Commission Minutes, continued May 5, 2009 opinion on the removal of conditional use grants. Upon a roll call vote, Resolution #P.C. 037- 2009 is 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). MISCELLANEOUS BUSINESS Motion to establish a public hearing date for possible TIF #10 District Amendments – Director Muenkel explained a public hearing is required to amend the TIF #10 for Moorland Road on the east side. The amendment will be for future development only and not for more incentives. There is an advantage to the City to include any future development to pay back the TIF faster. nd The public hearing will be held during the next Plan Commission meeting on June 2, 2009. nd Ald. Fiedler made a motion to hold a public hearing for amendments to the TIF #10 on June 2, 2009. Ald. Stinebaugh seconded. Upon a voice vote, motion passed unanimously. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 6:54 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 McMullen, Recording Secretary Page 4