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PCM20090303 CITY OF MUSKEGO PLAN COMMISSION MINUTES approved 6:00 PM Tuesday March 3, 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 February 27, 2009 in accordance with the Open Meeting Law. MINUTES Commissioner Stinebaugh made a motion to approve the minutes of the February 3, 2009 meeting. Commissioner Noah seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. PUBLIC HEARING Secretary McMullen read the public hearing notice to consider a renewal of a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE ¼ and SE ¼ of Section 13. Director Muenkel explained the public hearing is to renew a conditional use grant for Payne and Dolan for the continued operation of a gravel plant located on Janesville Road in the western portion of Muskego. An annual review is required to make sure all operations are being done in a safe manner. A site inspection was completed and the site is well maintained. One complaint was received over the past year regarding night trucking and it was remedied immediately. The City also received a letter from the EPA stated that the superfund site to the east of Payne and Dolan may have future effects on the Payne and Dolan property. Mayor Johnson stated that Clint Weninger, a representative of Payne and Dolan, was present to answer any questions and asked for members in the audience to address the Commission with their input, concerns, questions or comments. No one came forward. There being no further questions or comments, the Public Hearing was closed. 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 this item was deferred at the last meeting to allow Ald. Schaefer time to meet with staff and the DNR. Director Muenkel added that even though Muskego’s ordinance and staff already will assure that stormwater plans and grading plans are submitted for major land disturbance activities near a wetland, staff is recommending to add extra language that will further the notion that Muskego Plan Commission Minutes, continued March 3, 2009 intends to protect the wetlands with proper grading and stormwater plans, which will show that any disturbed area will be graded in a manner that will not negatively affect the wetland structure as it existed prior to the disturbance. Ald. Fiedler made a motion to AMEND Resolution #P.C. 006-2009 to include BE IT FURTHER RESOLVED, That the Plan Commission recommends the following text be added to Section 5.02(7)B to ensure the further protection of land disturbance activities near wetlands: Any land disturbance activities that occur on a parcel with a wetland protection offset shall receive the utmost scrutiny of how the activity might affect the wetland. When applicable, the disturbance activity will be subject to grading and stormwater management plans that ensure runoff from the disturbance is routed to the proper conveyance system and that the runoff does not negatively affect the wetland structure as it existed prior to the disturbance. Commissioner Jacques seconded. Ald. Fiedler questioned the meaning of the additional wording and if it was necessary with having other codes in place. Director Muenkel agreed there are codes in place that address this and this was added to address Ald. Schaefer’s concerns. Ald. Fiedler questioned the meaning of “negatively affect” the wetlands. Director Muenkel explained this would be in the case of excess run off going into the wetland. Ald. Fiedler suggested changing the wording to reflect that. Ald. Fiedler made a motion to TWICE AMEND Resolution #P.C. 006-2009 to change “not negatively affect the wetland…” to “not create excess run off to the wetland…”. Ald. Schaefer stated her main concern is to protect the wetlands. She has discussed this issue with the DNR and after doing additional research on other communities is recommending an amendment to include a 35-foot setback where a wetland joins a stream or river that connects to the lakes, with permits being required. Ald. Schaefer distributed language for the proposed amendment. Discussion took place over the definition of stream and river as a navigable waterway. Commissioner Noah cautioned defining a navigable waterway, river, or stream as the DNR has a definition of navigable waterway that may not be the same as what someone would consider being able to float a boat down. Ald. Fiedler stated he appreciates the intent, but would prefer to have more time to review and for staff to review. Ald. Fiedler suggested deferring this and if there are any more changes staff should be notified prior to the next meeting for time to review and research. Ald. Fiedler made a motion to defer. Commissioner Hulbert seconded. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Ald. Fiedler requested Resolution #P.C. 019-2009 be removed from the consent agenda and made a motion to approve engross. Ald. Fiedler withdrew his motion. Commissioner Hulbert requested Resolutions #P.C. 013-2009 and #P.C. 015-2009 be removed from the consent agenda also. Ald. Fiedler made a motion to ADOPT Resolutions #P.C. 009-2009, 010-2009, 012-2009, 014-2009016-2009, 020-2009, 021-2009, 022-2009, 024-2009, 026-2009, 027-2009 engross. Commissioner Hulbert seconded. Upon a roll call vote, the motion passed unanimously. PAGE 2 Plan Commission Minutes, continued March 3, 2009 RESOLUTION #P.C. 009-2009 – Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant for Payne & Dolan in the NE ¼ and SE ¼ of Section 13 (Crowbar Road). Resolution #P.C. 009-2009 was ADOPTED unanimously. RESOLUTION #P.C. 010-2009 - Approval of an Annual Review for the George Alex property located in the NE ¼ and SE ¼ of Section 25 (Tax Key No. 2257.984 / Loomis Drive). Resolution #P.C. 010-2009 was ADOPTED unanimously. RESOLUTION #P.C. 012-2009 – Approval of an Annual Review for Jetzfuel, located in the SW ¼ of Section 2 (Tax Key No. 2167.995.011 / Janesville Road). Resolution #P.C. 012-2009 was ADOPTED unanimously. RESOLUTION #P.C. 014-2009– 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). Resolution #P.C. 014-2009 was ADOPTED unanimously. RESOLUTION #P.C. 016-2009 – Approval of an Annual Review for Marx Pioneer Inn property located in the SE ¼ of Section 9 (Tax Key No. 2196.983 / W180 S7808 Pioneer Drive). Resolution #P.C. 016-2009 was ADOPTED unanimously. RESOLUTION #P.C. 020-2009 – 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.) Resolution #P.C. 020-2009 was ADOPTED unanimously. RESOLUTION #P.C. 021-2009 – Approval of an Annual Review for the RD Meyer Mini Storage property located in the NE ¼ of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive). Resolution #P.C. 021-2009 was ADOPTED unanimously. RESOLUTION #P.C. 022-2009 – Approval of an Annual Review for the Kuehn property located in the NE ¼ of Section 17 (Tax Key No. 2225.999.012 / S81 W19255 Janesville Road). Resolution #P.C. 022-2009 was ADOPTED unanimously. RESOLUTION #P.C. 024-2009 – Approval of an Annual Review for the Central Bark Doggy Day Care located in the NW ¼ of Section 16 (Tax Key No. 2222.984.003 / S81 W18460 Gemini Drive). Resolution #P.C. 024-2009 was ADOPTED unanimously. RESOLUTION #P.C. 026-2009 – Approval of a One Lot Extraterritorial Certified Survey Map for the Thomas Guntly property located in the NE ¼ of Section 14 in the Town Of Norway. Resolution #P.C. 026-2009 was ADOPTED unanimously. RESOLUTION #P.C. 027-2009 – 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. 027-2009 was ADOPTED unanimously. RESOLUTION #P.C. 013-2009 – 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). Commissioner Hulbert made a motion to ADOPT Resolution #013-2009. Commissioner Stinebaugh seconded. Commissioner Hulbert questioned if there were any neighbor concerns. Director Muenkel explained fines were paid last year and the property owner went back to Plan PAGE 3 Plan Commission Minutes, continued March 3, 2009 Commission for storage on the west side of the building and since then there have been no complaints. Ald. Schaefer added she did check with the neighbors and did not receive any complaints either. Upon a roll call vote, Resolution #P.C. 013-2009 was ADOPTED unanimously. RESOLUTION #P.C. 015-2009 – Approval of an Annual Review for Bushy’s Pub and Grill located in the SW ¼ of Section 2 (Tax Key No. 2167.997.001 / S67 W14831 Janesville Road). Commissioner Hulbert made a motion to ADOPT Resolution #015-2009. Commissioner Stinebaugh seconded. Suzi Link, W172 S7297 Lannon Drive registered to speak under public comment. Ms. Link requested Plan Commission defer this item for the outcome of the pending investigation. Ms. Link stated by doing so this may give the ability to better manage the situation. Mayor Johnson explained that is a separate issue and recommended letting the normal procedures be followed with the Police Department bringing forward complaints on licensing to the Finance Committee. Mayor Johnson noted the City Attorney recommended the same. Commissioner Hulbert agreed and added the issues being reviewed are BSO issues relating to traffic and noise. Commissioner Hulbert questioned if residents are complaining about cut through traffic. Mayor Johnson stated that the residents do not have an issue with it, but the property owner has had problems with traffic cutting through. Mayor Johnson explained gates could be effective, but they have not been installed. Mayor Johnson noted that the property owner placed signs up that have seemed to help. Upon a roll call vote, Resolution #P.C. was ADOPTED unanimously. RESOLUTION #P.C. 019-2009 – Approval of an Annual Review for the Wreford property located in the NW ¼ of Section 13 (Tax Key No. 2210.989.001 / W135 S8266 Durham Drive). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 019-2009. Commissioner Hulbert seconded. Ald. Fiedler explained this is the red barn on HiView and Durham. Ald. Fiedler stated he received an email from a resident in relation to the Conservation Commission. Ald. Fiedler recommended taking this item off the Plan Commission annual review list and turn over responsibility to Conservation Commission. Director Muenkel explained there are four rustic structures in the City and this is the only one that goes through the annual review process. Originally the annual review was established when the property owner applied to obtain rustic structure approval. At that time the barn was in disrepair. All issues have been resolved as of two years ago. Conservation Commission could review yearly along with the other three structures. The 2020 Comprehensive Plan recommends the City become more proactive in working with property owners to preserve these types of structures. Ald. Fiedler made a motion to AMEND Resolution #P.C. 019-2009 to stop this annual review by the Plan Commission and transfer rustic structure authority to the Conservation Commission. Commissioner Stinebaugh seconded. Commissioner Hulbert expressed concern as to whether the Conservation Commission has the ability to take the rustic structure designation off the building or would they make recommendations to Plan Commission. Director Muenkel explained the rustic structure ordinance is vague and should be reviewed to define responsibility. Commission Hulbert stated as long as the ordinance is reviewed he would be in approval. Upon a roll call vote, Resolution #P.C. 019-2009 is AMENDED unanimously. Upon a roll call vote, AMEDNED Resolution #P.C. 019-2009 is ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 011-2009 – Approval of an Annual Review for George Alex / Robert Jacob property located in the NE ¼ of Section 25 (Tax Key No. 2257.973.001 / S98 W12575 Loomis Court & W125 S9912 North Cape Road). Ald. Fiedler made a motion to ADOPT PAGE 4 Plan Commission Minutes, continued March 3, 2009 Resolution #P.C. 011-2009. Commissioner Stinebaugh seconded. Director Muenkel explained staff did a follow up inspection last night and the issues have been addressed. Ald. Fiedler explained he spoke to the owner and the tenant and they will be more careful in the future. Upon a roll call vote, Resolution #P.C. 011-2009 was ADOPTED unanimously. RESOLUTION #P.C. 017-2009 – Approval of an Annual Review for the Durham Hill Auto property located in the NE ¼ of Section 25 (S98 W12578 Loomis Drive / Tax Key No. 2257.982.002). Commission Stinebaugh made a motion to ADOPT Resolution #17-2009. Ald. Fiedler seconded. Director Muenkel explained there have been too many cars on the property. An inspection was done yesterday and this has been addressed. Director Muenkel noted there are flags on the building that have not been approved and a letter has been sent to the property owners to remove or come to Plan Commission for approval. Upon a roll call vote, Resolution #017-2009 was ADOPTED unanimously. RESOLUTION #P.C. 018-2009 – 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). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 018-2009. Commissioner Noah seconded. Director Muenkel noted there was an issue with the number of cars on the property and where they are parked, but it has been resolved as of the inspection yesterday. Upon a roll call vote, Resolution #018-2009 was ADOPTED unanimously. RESOLUTION #P.C. 023-2009 – Approval of an Annual Review for the Petri Car Wash located in the NE ¼ of Section 17 (Tax Key No. 2225.999.020 / S79 W18937 Janesville Road). Ald. Fiedler made a motion to ADOPT Resolution #P.C. 023-2009. Commissioner Stinebaugh seconded. Director Muenkel explained this item was originally on for an annual review for site concerns and noise. There have been no complaints or issues with operations. There is a scrolling LED sign that did not follow the sign requirements with the amount of messages. This issue has been addressed. Upon a roll call vote, Resolution #023-2009 was ADOPTED unanimously. #P.C. 025-2009 – Review of a Conceptual Land Division for The DeBack Farm located in the SW 1/4 and the SE 1/4 of Section 32 (Tax Key No. 2287.999 / Racine Avenue). Director Muenkel explained the petitioner previously submitted a concept plat in January 2009 that had 24 single-family parcels and 23 two-unit condos structures. Plan Commission denied that request stating they would like to see an all single-family proposal that meets an approved yield plan and possibly the Conservation Subdivision ordinance. The new submittal proposes 47 single-family parcels, in a Conservation Subdivision format, ranging from 14,000 sq ft to over an acre. The yield plan shows the parcel could be developed into 43 parcels by right. The proposal would be developed under the Conservation Subdivision Ordinance as a Planned Development; which required 60% open space being preserved. Up to four bonus parcels are allowed if a developer meets the conservation standards. The lots towards Racine Avenue are in the Norway Sewer District and shown to be 14,000 sq ft. Because these lots are proposed as a Planned Development they are allowed to be smaller sizes, however, lots usually in this zoning would usually be no smaller than 20,000 sq ft. The lots to the east are non-sewered and are shown to be 33,000 sq ft, where the zoning would usually be no smaller than 40,000 sq ft. Since this would be a Planned Development some of the rules, such as lot size, can be waived. The proposed conceptual plat looks like it could meet the City’s Conservation Subdivision Ordinance and will include open space around every lot in the subdivision. The two lots to the east are shown as private lots with the front 40,000 sq ft for the house and the rest of the area as agricultural workable lands and counted towards the open space requirement. Director Muenkel noted the following potential issues:  The existing farm structures may need to be removed or deemed as rustic structures after the re-platting of the area. PAGE 5 Plan Commission Minutes, continued March 3, 2009  Street dedications and a trail incorporated along Racine Avenue  Reduced lot sizes as low as 14,000 sq ft in sewered and 33,000 in unsewered  Allowing private platted property as open space Two people registered to speak during public comment. Michael Kuwitzky, W188 S10793 Kelsey Drive th  Density is just as heavy as the proposal from January 6  The trail borders his property and has concerns with the type of traffic on the trails  Concerns with run off water, fire suppression, and vehicle traffic  Does not support the development RJ DeGoey, W198 S10989 Racine Ave  With the condos taken out it meets the density/amount of people  Lives on a 9,000 sq ft lot and there are smaller lots to the north  If the plan follows City guidelines, there are no real problems  Supports the development Bill Carity spoke on behalf of the development. Mr. Carity explained since the last meeting they have taken the condos out of the development. The lots are smaller and pulled back from Racine Ave. There is 150 feet of green space between Racine Ave and the lots. One cul-de- sac is proposed that extends to the south and a new road stub to the north had been added. There is a mile and a half of trail systems for pedestrians with the possibility for equestrian trails for the two larger lots. ATV’s and snowmobiles would not be allowed. The two larger lots should have some type of agricultural production, which could possibly include beans, hayfield, and prairie grass. The theme for the development will be agriculture and water quality preservation. Most of the parcel drains to the south towards Crystal Lake. There will be a 75- foot buffer around the lake regardless of the quality of the wetlands. All the water from the property will be preserved and treated before it drains to the lake. Mr. Carity addressed concerns from the past meeting and explained water does not drain to Lake Denoon, there are three cross culverts from the west to east across Racine Avenue that flow down the roadside ditch and into a channel that drains to Crystal Lake. Mr. Carity concluded by saying with respect to the lot sizes whenever there is a Planned Development in a Conservation Subdivision there must be a trade off and the density is significantly less then the original proposal. Ald. Schaefer gave positive comments and concerns:  Private road eliminated  Densities are better  Likes the pond located up front, more trees could be added  Concerns with open space private platted property  Concerns with reduced lot size  Likes the trail system Commissioner Hulbert stated this is more in the spirit of the zoning and feels there are many things to move forward with. Commissioner Hulbert expressed concern with the size of the lots and suggested the 14,000 sq ft lots should be increased to 15,000 sq ft. Likes the trail concept. Concerned with private ownership of open space. Commissioner Stinebaugh also expressed concern with open space being allowed on private land. Commissioner Stinebaugh added that private lands tend to creep into the open space. Commissioner Stinebaugh also noted concerns with the trail system to the east stating it looked clumsy and too linear and requested PAGE 6 Plan Commission Minutes, continued March 3, 2009 more information on how the trails will be developed and maintained. Mr. Carity explained whether the trails are TB, bark chips, or asphalt they will be maintained by the homeowners association. Mayor Johnson questioned if 30,000 sq ft lots will be large enough for a mound system. Mr. Carity explained he would put together a graphic showing how the lots will be placed on the properties. Mr. Carity added that at the time of preliminary plat soil borings will be done to know exactly where the mound systems will be placed. He added they will not be placed in front of the homes. Discussion took place as to whether individuals mound systems would be needed or if there could be a community system. Mr. Carity explained mains and laterals would still need to be installed, which would be more cost effective if there were 50-75 lots instead, but he would look into the possibility. Commissioner Hulbert questioned if these plans would work for Mr. Posbrig’s future plans. Mr. Posbrig stated it could possibly work. He also noted that the back half of the DeBack property drains onto his property to the north. Director Muenkel recapped the issues heard from Plan Commission members:  15,000 sq ft sewered lots desired  Open spaces should be owned by the association, and should not be on private lots.  Mound systems should be to the back of the lots  A plan should be established for the open spaces – prairie/landscaping  Resolve water/grading issues  Work with neighbor to the north with street stub RESOLUTION #P.C. 007-2009 – Recommendation to Common Council to adopt the 2020 Comprehensive Plan for the City of Muskego. Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 007-2009. Ald. Fiedler seconded. The draft 2020 Comprehensive Plan has been distributed for review. Staff is recommending deferral until the April meeting, as there are ordinance changes and a public hearing will be held. The Plan is based on the Wisconsin Smart Growth Statute, which mandates that every municipality put forth a plan with facts and figures on the following elements:  Transportation  Housing  Economic Development  Agricultural, Cultural, and Natural Resources  Land Use  Intergovernmental Cooperation  Utilities and Community Facilities Director Muenkel reviewed the land use map and discussed notes that were placed on the map, which revert back to the text for additional information. Director Muenkel explained there are Conservation Preservation areas marked on the land use map. Most of these properties are zoned Agriculture, which allows one lot per 2.75 acres. A survey was sent out to the entire City and over 60% of the surveys returned said they wanted the City to preserve the rural heritage and open space. By implementing Conservation Preservation Subdivisions, property owners would still be able to divide into the same amount of parcels, but would have to cluster the lots and preserve 60% open space. Also, bonus parcels would be allowed if they met the requirements of the Conservation Preservation Subdivision. Under certain situations Council could waive the Conservation Preservation requirements if the property owner could prove the proposed development still fits the intent of conservation. PAGE 7 Plan Commission Minutes, continued March 3, 2009 Commissioner Hulbert expressed concern that the Conservation Preservation Subdivision will not have the intended results making development more desirable and easier to run roads and sewers to the clustered lots then to 3-acre lots. This may encourage development. Ald. Fiedler noted that eventually the land will be developed and it would be more beneficial to the City to develop with clustered lots and open spaces. Commissioner Noah noted there may be a need to be more open to situations that would normally not be allowed. The Commissioners agreed that Director Muenkel, staff, and the Comprehensive Plan Committee did a great job drafting this Plan. NEW BUSINESS PLACED ON FILE RESOLUTION #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). 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). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 8:20 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 8