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PCM20090106 CITY OF MUSKEGO approved PLAN COMMISSION MINUTES 6:00 PM Tuesday January 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, Burke, Stinebaugh, Jacques, Director Muenkel, and Recording Secretary McMullen. ABSENT None. Recording Secretary McMullen noted that the meeting was properly noticed on December 30, 2008 in accordance with the Open Meeting Law. MINUTES Commissioner Jacques made a motion to approve the minutes of the December 2, 2008 meeting. Commissioner Burke seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS Commissioner Burke requested to remove Resolutions #P.C. 089-2008 and 002-2009 from the consent agenda. RESOLUTION #P.C. 089-2008 – Approval of a Certified Survey Map for the Sonnentag properties located in the SE 1/4 of Section 34 and SW 1/4 of Section 35 (Tax Key Nos. 2296.999.003, 2296.999.005, & 2299.998). Commissioner Burke made a motion to ADOPT. Commissioner Stinebaugh seconded. Commissioner Burke questioned if there would be access to both the properties if this land division were approved. Director Muenkel stated there will be access to both properties off of Loomis Drive. Director Muenkel added that both lots have adequate area for development. If lot one was developed in the future, a roadway would be required that may need to meet the DNR requirements in relation to the surrounding wetlands. Director Muenkel noted that at this time they are not creating any new lots only moving the property lines to accommodate the sale of lot 2. Upon a roll call vote, Resolution #P.C. 089-2008 is ADOPTED unanimously. RESOLUTION #P.C. 002-2009 – Approval of City owned land sale located at S75 W13950 Bluhm Drive (2207.997.009) in the SW 1/4 of Section 12 to the owners of S75 W13880 Bluhm Court (2207.051) located in the SW 1/4 of Section 12. Ald. Fiedler made a motion to ADOPT. Commissioner Burke seconded. Director Muenkel explained the neighboring property owner is requesting to purchase a portion of a city owned lot that wasn’t being used for the purpose of installing a basketball court. The Public Utilities approved this purchase, but State Statutes Plan Commission Minutes, continued January 6, 2009 requires any city land sales to be approved through Plan Commission. Commissioner Burke expressed concerns with the plans to install a basketball court being too vague. Ald. Schaefer, representative of the Public Utilities Committee, was present and explained the request was originally made by the neighboring property owner to rent a portion of land for the use of a basketball court. The City Attorney suggested it would be better to sell the property than to rent it. Ald. Schaefer stated the land would be for his children to play basketball. Commissioner Hulbert questioned how the purchase price was determined. Ald. Schaefer explained the Assessor gave the Public Utilities Committee a variety of comparables and with those they arrived at the price. Commissioner Burke explained he is concerned with the amount of leeway the property owner could have and the affect on the residents in the area. Ald. Schaefer suggested requesting a detail plan from the property owner. Director Muenkel noted that any impervious surface would require a zoning permit and lighting would not be allowed by right but would need Plan Commission approval. Commissioner Hulbert questioned what could legally be added on this property if this were approved. Director Muenkel explained with the appropriate zoning an accessory structure could possibly be added. The property is currently zoned Institutional, which would not allow an accessory structure. Commissioner Hulbert made a motion to defer to allow staff to determine what can be added to the house or the property and for Ald. Fiedler to be able to contact the residents within a couple hundred feet of the property. Commission Burke seconded. Upon a voice vote, Resolution #P.C. 002-2009 is DEFERRED unanimously. NEW BUSINESS FOR CONSIDERATION #P.C. 001-2009 – Review of Moorland Road Water Tower color and design located in the NE 1/4 of Section 3. Director Muenkel explained the color to paint the water tower was left until after the tower was constructed. Many communities painted the water towers to blend in with the sky by using a white or light blue color. Also, Plan Commission can decide if they want the City Logo or simply “Muskego” painted on the water tower possibly with the same font and cattails to match the gateway sign. It was the consensus of the Commissioners that they were not in favor of the City Logo, but would prefer just “Muskego” painted on the tower. Commissioner Noah suggested the color of the water tower matching the earth tones being used in the GE building. Commissioner Jacques suggested a beige white and “Muskego” being in a script font. Ald. Fielder agreed the font should be thinner, but suggested a non-script font. Director Muenkel will put together some samples with colors from the GE building and several different fonts for the next meeting. RESOLUTION #P.C. 003-2009 – Approval of BSO Amendment request for Atonement Lutheran Church for lighting as submitted by Superior Tower, LLC located in the SE 1/4 of Section 3. Commissioner Stinebaugh made a motion to ADOPT. Commissioner Jacques seconded. Director Muenkel explained that at an occupancy inspection for Atonement Lutheran Church it was discovered that the concrete light poles were 2 feet above grade. The Zoning Code and General Design Guide stated that the light pole bases should not exceed 6 inches above grade. The Planning Commission has the authority to determine if this requirement can be waived. The Plan Commission had waived this in the past for an employee only parking lot in the industrial park. Director Muenkel noted that the Contractor was notified at the time of the permit that the plans showed 2-feet above grade and it should be 6 inches. Contractors in the past have had to cut down concrete bases that were incorrect. Director Muenkel added that the lights poles are surrounded by curb or landscape islands. PAGE 2 Plan Commission Minutes, continued January 6, 2009 Terry Pippenga, Superior Power, was present and requested instead of cutting down the bases to be able to landscape with bushes, shrubbery, and rocks or paint. To cut the bases down is a major project. Commissioner Jacques questioned what the reasoning was for the requirement of 6-inches. Director Muenkel stated it is for design aesthetics. The 6-inch bases are located within a curbed area with landscaping and a 2-foot base may distract from this. Commissioner Stinebaugh stated they should be required to make it right and cut the bases down to 6-inches. Ald. Fielder explained the 2-foot base may look ok, but if in the past others had to follow the requirement then it would only be fair to make them cut the bases down also. Upon a roll call vote, Resolution #P.C. 003-2009 is DENIED unanimously. #P.C. 005-2009 – 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 this is a discussion item and formal approval will not be given. Bill Carity has submitted a concept plat to split 88 acres of the DeBack Farm located along the eastern side of Racine Ave, just north of the Muskego/Racine County border. The conceptual proposal is to create 24 single-family parcels and 23 condo parcels. The 24 single-family lots will be in a conservation subdivision format ranging from 27,000 sq ft to over an acre. This is not located in the sewer district. The 23 two-family condo structures will be made up of 46 units along the western portion of the parcel, which is currently in the Norway Sewer District. The development would enter from one access point off of Racine Avenue directly across from the existing North Shore Lane. The 2010 Plan depicts the area for rural density residential (.49 units/acre). 70 units on 88 acres equal .8 units a gross acre, which would be inconsistent with the Plan. A 2010 Plan change to low density would be needed for a Planned Development, or a mix use of medium and rural densities would be required. The property is zoned RS-2 Suburban Residence District and for sewered lots requires a minimum lot size of 20,000 sq ft and an average lot width of 110’ and 40,000 sq ft and an average lot width of 220’ for non-sewered lots. The lots to the east meet the non-sewered zoning requirements, but the condo unit structures to the west are within the Norway Sewer District and would require an alternate zoning district such as RM-2 or a planned development zoning. Director Muenkel discussed the following future requirements and issues:  The existing farm structures are allowed based on the amount of acreage of the existing 88 acres. A re-platting of this area may require the removal of the farm structures unless they are deemed “Rustic”  The Park Plan shows that a trail would need to be incorporated along Racine Ave if the property is developed before a trail system exists.  The Conservation Plan shows that approximately the easternmost 40 acres is shown in the Conservation Plan as DNR Big Muskego Wildlife Area. Preserving this area will be in the interest of the City and DNR.  The proposal shows that the DeBack parcel connects to Muskego Dam Road to the east. This parcel is owned by the City and wouldn’t be included on a future plat.  Some of the unsewered parcels seem small for septic systems and buildable areas. These lots may need to be larger once reviewed by Waukesha County.  The length of the cul-de-sac is a lot longer than what the land division allows and may need to be scaled back at plat time.  An alternate access to the south off of Racine Avenue should be reviewed. Staff believes that this conceptual plat works if it all converted to single-family lots and meets the densities of the 2010 Comprehensive Plan of Rural Density Residential. The conservation PAGE 3 Plan Commission Minutes, continued January 6, 2009 subdivision design is recommended with clustering the majority of the parcels in the sewer district and keeping the open space to the east. Mr. Carity spoke on behalf of the development. Mr. Carity explained during this process he was trying to pay attention to the 2020 Planning efforts and conservation type developments. Mr. Carity gave a description of the land and noted that the property is spilt with 16 acres being in the Norway Sanitary District and the rest un-sewered. The zoning of RS-2 was established at the same time that the property was included in the sewer district prior to 1980. Mr. Carity explained they are not required to adjust the sewer district line. Mr. Carity stated there is an unmet need in the south half of Muskego for condo types homes with 70% of the condo development being open space. Mayor Johnson opened the discussion for public input and the following residents spoke: Holly Kelly, S110 W20500 S Denoon Road –  A single family development would be fine, but does not like the density of a condo development  Likes the rural atmosphere Brian Kramer, W188 S10751 Muskego Dam Road –  Concerned with stormwater run off and the water quality of Lake Denoon  Suggested putting aerators in shallow holding ponds to eliminate stagnate water and mosquitoes  Concerned with preserving the wetlands currently on the DeBack property Ken Fromm, W205 S10380 Victoria Drive –  Questioned if there would be City water or private wells (Mayor Johnson stated there will be private wells) Neome Schaumberg, W181 S9102 Parker Drive – speaking on behalf of concerns she has heard from residents in this district  Concerns with only one exit – needs two; one on Racine Ave and one on Muskego Dam Rd.  Increased traffic concerns  Concerned with the amount of condo units  Questioned why the road needs to be private and who will plow  Does not feel there is adequate parking for the condo units and people will park on the street  Concerned with emergency vehicle access  Work will need to be done to the 2010 Plan and 2020 Plan Michael Kuwitzky, W188 S10793 Kelsey Drive –  Concerned with flooding from this property at all times of the year  Neighbor to the south of the DeBack property completely floods with all the water that comes of the fields  Concerned with fire suppression and the wells in the area  The Dennon School was originally going to go in this area until they did the soil borings  If this development takes place all rural atmosphere of the City will be gone. Mike Serdynski, W200 S10799 East Shore Drive –  Concerned with run off and lake quality  Concerned with traffic flow PAGE 4 Plan Commission Minutes, continued January 6, 2009  Stated whatever is done here sets precedence for everything around it Ald. Schaefer, District 6 Alderman, explained she contacted the League of Municipalities and feels there is no conflict of interest. Ald. Schaefer stated she would like to see a true conservation subdivision in the sewer district with the back area of the property be open with a retention pond to help with water run off. Ald. Schaefer noted the following concerns:  Concerned with run off and the quality of Lake Denoon.  Two outlets for traffic flow should be looked into.  Most of the citizens who returned surveys for the 2020 Comp Plan do not want to see condos in the City.  The 2010 Plan should be followed and this proposal does not meet the 2010 Plan.  Requested a public hearing take place to receive public input. Commissioner Noah stated issues such as stormwater run-off can be controlled through the Plan Commission process, however, Commissioner Noah expressed concern with the higher density and stated he is not in favor of this type of development in this area of the City. Based on the zoning and Comprehensive Plan there would be the ability to have a higher density single-family residential development in the front with Country Estate type lots on the back half. Commissioner Hulbert stated he feels the increased density is out of place in the area of the City and the Comprehensive Plan should be followed. Commissioner Hulbert clarified that the reason the school did not develop in this area is due to the number of sewer RECs the Town of Norway was willing to give. Commissioner Jacques expressed concerns with the wetlands and flooding in the area and also noted she would like to see the road come out the back at Muskego Dam Road. Mayor Johnson stated he feels the Comp Plan should be followed unless there is a benefit to the community. Currently this proposal does not show a benefit, if anything there are several liabilities such as density, traffic, and wetland issues. Mr. Carity concluded by saying a wetland delination has been completed and none of the parcel is tributary to Lake Denoon. Mr. Carity explained the reason they were looking into condo development is due to the traffic volume along Racine Avenue. It is hard to defend high quality single-family homes near a busy road. Mr. Carity also explained that a stormwater management plan would be developed to keep the water from running off of this parcel by swails and grading. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 097-2007 – Approval of a Two Lot Certified Survey Map for the Jeffrey Jasicki property located in the NW 1/4 of Section 12 (Tax Key No. 2206.998.017 / Sherwood Circle). DOCKET #P.C. 083-2008 – Approval of a Three Lot Certified Survey Map for the Muskego Commerce Center West property located in the NE 1/4 of Section 3 (Tax Key Nos. 2169.993.003 & 2169.993.004). 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). PAGE 5 Plan Commission Minutes, continued January 6, 2009 DOCKET #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. MISCELLANEOUS BUSINESS Design Guide Discussion on Miscellaneous screening devices/carports – Director Muenkel explained he researched several neighboring communities and what their policies were on carports. The City of New Berlin does not allow stand-alone carports. The City of Franklin treats them as a temporary use and requires a permit subject to architectural elements, height, and setbacks. The City of Waukesha requires a formal building permit meeting all requirements that the principal structures have. Commissioner Hulbert suggested not to eliminate the approval of carports but to require permits for them as long as they are not enclosed. Director Muenkel noted these types of devices will need a zoning permit and will have to come to Plan Commission for approval. Mayor Johnson noted at this time the Ordinance does not have to change but possibly with future ordinance changes it could. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 7:47 PM. Ald. Fiedler 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