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PCM20090407 CITY OF MUSKEGO PLAN COMMISSION MINUTES corrected & approved 6:00 PM Tuesday April 7, 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, Burke, Stinebaugh, Jacques, Director Muenkel, and Recording Secretary McMullen. ABSENT Commissioner Noah Recording Secretary McMullen noted that the meeting was properly noticed on April 3, 2009 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the March 3, 2009 meeting. Ald. Fiedler seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 006-2009 – Recommendation to Common Council to amend Chapter 17 Section 5.02(7) and Chapter 18 Sections 18.31(3)(b), 18.32(3)(b), 18.33 (3)(b), & 18.80 (2) of the Municipal Code relating to wetland protection offsets. Director Muenkel explained the proposed wetland setbacks have been decreased based upon the existing ordinance for high, medium, and low susceptible wetlands as determined by the DNR. The proposed setbacks are 10 feet for low, 20 feet for medium, and 30 feet for high susceptible wetlands. Most of the areas in the City would fall in the low-medium category. The new setbacks are being proposed to reduce undue hardship from being placed on a property owner for construction of sheds and patios. The normal setback for an accessory building would be approximatley15-20 feet from the property lines. The setbacks would apply to any structures, but would not apply to landscaping features such as retaining walls, fences and landscaping features. Ald. Fiedler questioned what other communities’ setback requirements are. Director Muenkel stated the City of New Berlin’s is 30-feet and 10-feet on vacant lots that were approved before 2001, City of Franklin’s is 30-feet for grading and filling and 50-feet for a development, and the City of Oak Creek uses the DNR setbacks of 75-feet, 50-feet, and 10-30 feet only when an area of disturbance takes place. The DNR setbacks are only for new developments and projects over 1-acre of disturbance. Mayor Johnson explained he worked with Ald. Schaefer and staff to reach a compromise, but also stated he is unsure of what damage there would be to the wetlands if the setbacks are decreased from 30 to 10 feet for a shed. Ald. Fiedler agreed and stated he does not see a need for an additional 10 feet from the property setbacks especially for lots that are narrow. Ald. Schaefer stated it is important to protect the wetlands from pollutants and water run-off. Ald. Fiedler added that if the DNR thought this was a problem they wouldn’t allow not having a setback to the wetlands. Ald. Fiedler stated he is concerned these new setbacks would negatively affect the residents in district 6 and 7. Plan Commission Minutes, continued April 7, 2009 Commissioner Hulbert stated he supports the compromise reached between staff and Alderman Schaefer. Commissioner Hulbert made a motion to AMEND Resolution #P.C. 006-2009 as presented with the wetland setbacks being 30,20, and 10-feet. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #006-2009 was AMENDED 4-2 with Mayor Johnson and Ald. Fiedler voting no. Upon a roll call vote, Amended Resolution #006- 2009 was ADOPTED 5-1 with Ald. Fiedler voting no. RESOLUTION #P.C. 007-2009 – Recommendation to Common Council to adopt the 2020 Comprehensive Plan for the City of Muskego. Director Muenkel explained a public hearing was held and there were strong concerns regarding the CP-Conservation Preservation Zoning being mandatory. The 2020 Committee met last Monday and also had a large crowd. The Committee decided making Conservation Preservation zoning mandatory would not be best, but instead to promote Conservation Preservation Subdivisions on a voluntary basis. The 2020 Committee also met again tonight and made changes to the text in the 2020 Comprehensive Plan and to the Conservation Preservation Ordinance as well as Chapters 17 and 18. Director Muenkel discussed changes to the 2020 Comprehensive Plan. The hatched marks on the Land Use Map, which showed the Conservation Preservation Zoning overlay, has been removed, however, at their meeting earlier tonight, the Committee decided to put the hatched markings back on the map to show the areas where Conservation Preservation is encouraged, but not mandatory. There are also amendments to the text of the Plan. Language relating to Conservation Preservation will be replaced with language promoting Conservation Preservation subdivisions. The four recommendations in Chapter 10 relating to Conservation Preservation will be amended not making it mandatory, but instead promoting the Conservation Preservation Subdivision Ordinance. The Resolution has been amended to read Be It Further Resolved, That the Planning Commission approval is dependent on the removal of the Mandatory Conservation Preservation DDA language for the Plan. Staff recommends approval subject to amending to remove the mandatory requirement. Ald. Fiedler made a motion to AMEND Resolution #P.C.007-2009. Commissioner Hulbert seconded. Ald. Fiedler stated he likes the Plan, without the CP Zoning, and would like to see it move forward to Council. Ald. Fiedler thanked the Committee members for their time and effort. Commissioner Hulbert agreed and stated he had reservations on the CP zoning being mandatory, which may make developers rush in to develop. Commissioner Hulbert stated it should not be mandatory. Mayor Johnson commended the Committee members on their hard work. Upon a roll call vote, Resolution #P.C. 007-2009 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 007-2009 was ADOPTED unanimously. Paul Omen, S63 W16495 College Ave  Multi-family developments should not be out of the question  Attractive 1500 sq ft condo should be allowed to get bonus parcels  Multi-family density will have a higher tax base Brian Kramer, W188 S10751 Muskego Dam Road  Concerns over the protection of the City’s wetlands  All developments need to be supported with fire, police, roads and schools  Feels the City should promote green space  Need to respect the wetlands we have, according to Waukesha County’s website there are a lot of wetlands in Muskego PAGE 2 Plan Commission Minutes, continued April 7, 2009 NEW BUSINESS FOR CONSIDERATION 1 RESOLUTION #P.C. 029-2009 – Recommendation to the Common Council to amend the Zoning Map of the City of Muskego (CP Conservation Preservation District). Director Muenkel explained because the Conservation Preservation will not be mandatory staff is recommending denial of Resolution #P.C. 029-2009. Ald. Fiedler moved to ADOPT Resolution #P.C. 029- 2009. Commissioner Burke seconded. Upon a roll call vote, Resolution #P.C. 029-2009 was DENIED unanimously. 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 language in Chapter 17 Zoning Code and Chapter 18 Land Division Code has been amended to not make Conservation Preservation mandatory. Instead, to promote Conservation Preservation Subdivisions the 2020 Committee recommended lowering the open space requirement from 60% to 50% and adding more opportunities to receive bonus parcels as follows:  Under 40 acres – up to 4 bonus parcels  40-80 acres – up to 5 bonus parcels  Above 80 acres – up to 6 bonus parcels Director Muenkel noted these bonus parcels would not be received by right but by direction of the Plan Commission and Common Council. A developer would have to meet guidelines to receive the bonus parcels. Director Muenkel explained the Comp Plan Committee discussed having more options for qualifiers to receive bonus parcels and the Committee has left that for discussion by Plan Commission. Ald. Schaefer, member of the Comp Plan Committee, stated she felt the Committee was in agreement to giving out bonus lots as long as some of the qualifiers were met and suggested changing the wording of the Ordinance and deciding what the qualifiers are going to be. Ald. Schaefer agreed it would be more appropriate for Plan Commission to make the decision on changing the language relating to bonus lots. Ald. Schaefer requested if there are other issues not related to the bonus lots that those be sent back to the Committee for discussion. Chris Buckmaster, Chairman of the Comp Plan Committee, explained he would like the Plan Commission to look at the qualifiers for bonus parcels and determine if the current ones are valid and does not see a need for it to come back to the Committee. Director Muenkel explained deferring this item will not hold up the 2020 Comprehensive Plan from being adopted. Ald. Fiedler made a motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 030-2009 was DEFERRED unanimously. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Commissioner Burke made a motion to ADOPT Resolutions #P.C. 028-2009 and 035-2009 engross. Ald. Fiedler seconded. Upon a roll call vote, the motion passed unanimously RESOLUTION #P.C. 028-2009 – Approval of a Two Lot Certified Survey Map for the Thiele property located in the SW 1/4 of Section 17 (Tax Key No. 2227.991 / S83 W20342 Janesville Road). Resolution #P.C. 028-2009 was ADOPTED unanimously. PAGE 3 Plan Commission Minutes, continued April 7, 2009 RESOLUTION #P.C. 035-2009 - Approval of an Accessory Structure for Gary Wollman located in the SW ¼ of Section 29 (Tax Key No. 2275.994 / S99 W20367 Parker Drive). Resolution #P.C. 035-2009 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION 2 RESOLUTION #P.C. 033-2009 – Approval of an amended Building, Site, and Operation Plan for Marx’s Pioneer Inn located in the SE ¼ of Section 9 (Tax Key No. 2196.983 /Pioneer Drive). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 033-2009. Commissioner Burke seconded. Director Muenkel explained the petitioner is proposing to add a tiki bar accessory structure in the rear grass portion of the property near the horseshoe pits and volleyball courts. The proposed structure will be placed on a 16’ x 18’ concrete slab with a bar on top and a covered roof. The liquor license for the property already covers this area so there will be no need for further amendments. The time allowed for outdoor sales, as approved by the Finance Committee, will apply to the tiki bar and will be allowed until 11:00 PM. Mr. Sobczak, owner of the Pioneer Inn, was present and stated there will be no running water and no taps to the tiki bar. Mayor Johnson expressed concern with the possibility of increased noise by people around the bar area until 11:00 PM. Commissioner Hulbert suggested adding an annual review for one year to monitor the noise. Commissioner Hulbert made a motion to AMEND Resolution #P.C.033-2009 to include an annual review for one year. Ald. Fiedler seconded. Upon a roll call vote, Resolution #P.C. 033-2009 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 033-2009 was ADOPTED unanimously. RESOLUTION #P.C. 031-2009 – Recommendation to Common Council to grant a PD Planned Development Amendment to the Approved PD-47 Zoning District for Belle Chasse Planned Development to Allow Reduced Setbacks and Offsets. Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 031-2009. Commissioner Burke seconded. Director Muenkel explained the petitioner, Mr. Carity, is applying to amend the existing Belle Chasse Planned Development District to allow reduced setbacks and offsets for lots within the development. Currently, the setback and offsets are: front 40’ (40’ and 30’ for corner lots), one side 15’, and the other side and rear 20’. The proposed setbacks are: front 35’ (35’ and 30’ for corner lots), one side 10’, and the other side and rear 15’. In the narrative the developer stated they have had problems selling lots with the required setbacks/offsets because the houses are not fitting on the lots. A Common Council public hearing was held on March 24, 2009 and four residents spoke against the request and Ald. Pavelko spoke on behalf of a resident who did not support the amendment. Common Council originally approved the Belle Chasse Planned Development rezoning in 2006 and the preliminary plat was approved in 2007 and 2008. The development was divided into multiple phases and only the first phase on the west side of Durham Drive is being build at this time. Out of the 42 buildable lots in phase 1, 10 of the lots have houses built on them meeting the current setbacks and offsets. The original development was proposed to be a RS-3 based planned development zoning with reduced lot size, reduced setbacks and reduced offsets. Because of concerns, the development was scaled back to a RS-2 planned development with no reductions to the RS-2 setbacks and offsets, except for a reduction to the setbacks on corner lots at 30’. Director Muenkel noted that Mr. Carity has informed staff that at this time he would be agreeable to 15’ setbacks. Staff is recommending denial based on the past Plan Commission approvals. Mr. Carity spoke on behalf of the request for reduced setbacks and offsets. Mr. Carity explained the original process was long and took about a year and a half and he reluctantly PAGE 4 Plan Commission Minutes, continued April 7, 2009 agreed to the requests of the Plan Commission at the time. Mr. Carity explained there are constraints on home construction today and noted that the Woodland Creek Subdivision has the same setbacks and offsets that he was originally requesting of 35’ for the front year and 10’ for the side yards. Mr. Carity requested a reduction to the front yard setback and stated he would be willing to compromise to 15’ side yard setbacks. Mr. Carity discussed an illustration of four lots in the Belle Chasse subdivision, which shows a variety of different homes on the lots. Mr. Carity noted homes with a side entrance garage requires more space to make the turn radius, which could max out the side yard and front entry garages could max out the front yard setback. Mr. Carity stated he has signatures from all of the existing homeowners and no one has objections to the requested changes. Mayor Johnson questioned how the houses would look with some having a setback of 35’ and others having a setback of 40’. Mr. Carity stated visually you wouldn’t notice a difference. Mayor Johnson expressed concern with lowering the setbacks and creating a crunched looked between the houses. Mr. Carity explained every home will not have the same geometry and there will be 15’ on either side of the house. Ald. Fiedler noted that Plan Commission has already denied this request once and doesn’t like the idea of changing the approvals mid-stream. Ald. Fiedler stated it is not a good idea right now. Commissioner Hulbert agreed that it was not the right time for a change. Upon a roll call vote, Resolution #031-2009 was DENIED unanimously. RESOLUTION #P.C. 032-2009 – Approval of a 2-lot CSM an amended Grading Plan for Commerce Center East (Interstate and Wal-Mart properties) located in the NW ¼ of Section 2 (Tax Key Nos. 2166.997 & 2169.999.003 / Moorland Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 032-2009. Seconded by Commissioner Jacques. Director Muenkel explained the developers are proposing a grading plan amendment to previously approved plans for the Commerce Center East and Wal-mart. The CSM meets the bulk requirements of the code and is establishing the end cul-de-sac bulb for the Commerce Center east, the outlot for stormwater improvements, and the eastern most lot for future business development. The Commerce Center East construction plans were approved for Phase 1 in 2008. As part of the originally approved improvements, a line of trees was to be left in place. This line of trees exists behind where Wal-Mart is to be built, not the trees by the Glenbrook Subdivision. Wal-Mart will have to build a screening wall along the entire rear of the property still. Behind the wall will be a retaining wall and then the row of trees. The developers are proposing to remove the row of trees and the retaining wall with grading up to the screening wall. Approximately 50 trees and a variety of shrubs would be added back to the area. Director Muenkel explained one of the largest reasons for the change is the newly approved 18-foot berm that will have considerable landscaping and will now be found next to the Glenbrook Subdivision. Also, the original intent was to screen the commercial use from the residential area behind Wal-Mart, but that has been rezoned to Business Park use. The City Forester has reviewed the existing tree line and didn’t feel the existing trees would be effective, as most are coniferous and junk trees and probably would not survive during the grading work. Commissioner Hulbert stated he does not disagree with the proposed plan. Ald. Fiedler questioned what the height of the news trees will be. John Heller, developer, stated the trees will be 7-9 feet in height. Commissioner Stinebaugh expressed concern with the building shown on the site line diagram. Commissioner Stinebaugh stated the building does not look like the campus style development that was originally proposed. Mr. Helller stated the building shown is the exact same building that was shown in November. Upon a roll call vote, Resolution #P.C. was ADOPTED unanimously. PAGE 5 Plan Commission Minutes, continued April 7, 2009 RESOLUTION #P.C. 036-2009 – Approval of Building, Site, and Operation Plan for Well #9 located in the SE ¼ of Section 13 (Tax Key No. 2212.079 / Outlot 1 of Big Muskego Estates) - Commissioner Jacques made a motion to ADOPT Resolution #P.C. 036-2009. Commissioner Burke seconded. Director Muenkel explained the proposed well house will be located on Durham Drive within outlot 1 in the Big Muskego Estates Subdivision. The plans show a single story dwelling. The house is to be constructed with siding, face brick, asphalt shingles and windows. The house will have traditional architectural elements such a ornamental doors, dormers, shutters, a garage, and window surrounds. Louvers are shown on the eastern elevation for venting. The site plan included is for Well #13 in Quietwood East II Subdivision, but the same type of landscaping and intensity will be used for Well #9 also. Director Muenkel noted this well house was going to wait until later this year, but there is an opportunity to receive funding through a grant within the next month. Commissioner Jacques stated she has no objections to the proposed well house because it looks like a well house should look. Upon a roll call vote, Resolution #P.C. 036-2009 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). MISCELLANEOUS BUSINESS Discussion on removing requirement for High Pressure Sodium lighting – Director Muenkel explained a resident questioned why the design guides mandate the use of high pressure sodium lighting when there are better more efficient bulbs. Commissioner Hulbert explained in the past the high-pressure bulbs were better quality and was less intense than the metal halide, which had a bright glow. Commissioner Hulbert suggested looking into technology changes and see what the data is. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 7:45 PM. Commissioner Jacques 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 6