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PCm20110201 CITY OF MUSKEGO PLAN COMMISSION MINUTES Approved 6:00 PM Thursday February 10, 2011 Muskego City Hall, W182 S8200 Racine Avenue Ald. Snead called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Ald. Snead, Ald. Borgman, Commissioners Burke, Noah, Stinebaugh and Jacques and Planner Trzebiatowski and Recording Secretary McMullen. ABSENT Mayor Johnson and Commissioner Hulbert Recording Secretary McMullen noted that the meeting was properly noticed on February 1, 2011 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE DECEMBER 7, 2010 MEETING Commissioner Stinebaugh made a motion to approve the minutes of the December 7, 2010 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 Jacques made a motion to ADOPT Resolution #P.C. 002-2011 and 003-2011, engross. Ald. Borgman seconded. Upon a roll call vote, the motion passed unanimously. RESOLUTION #P.C. 002-2011 – Approval 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. 002-2011 was ADOPTED unanimously. RESOLUTION #P.C. 003-2011 – Approval of a three lot Certified Survey Map for the Sellhausen property located in the SW ¼ & SE ¼ of Section 31 (Tax Key Nos. 2283.999.001 & 2283.999.002 / W216 S10884 Crowbar Drive). Resolution #P.C. 003-2011 was ADOPTED unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 071-2010 – Recommendation to Common Council to rezone a property from RM-1 (Multi Family Residence) and RS-2 (Suburban Residence) to a Planned Development for the Willow Glen Development and approval of a Building, Site, and Operation Plan located in the SW ¼ & SE ¼ of Section 16 (Tax Key No. 2223.998.004, 2223.998.005, 2223.998.006 / W182 S8450 Racine Avenue). Commissioner Burke made a motion to ADOPT Resolution #P.C. 071-2010. Commissioner Jacques seconded. Planner Trzebiatowski explained the petitioner is requesting a rezoning and Building, Site and Operation Plan approval. The petitioner is proposing to construct 11 new 4-unit buildings within their existing complex, renovations to the four existing apartment buildings and the addition of two new Plan Commission Minutes, continued February 10, 2011 garage structures, one with a commons area. The property is currently zoned RM-1 Multiple Family and RS-2 Suburban Residence District. The requested zoning would be a Planned Development District based upon the RM-1 and RM-2 zoning district. The proposal fits within the densities of the 2020 Comprehensive Plan. Based upon the densities, 40 units are allowed and as part of the Planned Development a 10% density bonus is possible for a total of 44 units to be determined by Plan Commission and Council. All approvals are subject to the Willow Glen Road being vacated. The proposed buildings meet the general requirements and are built with four-sided architecture and masonry materials on all elevations. The materials are dimensional brick, cement board siding, vinyl clad windows, composite trim, and architectural shingles. The colors are earthtone. The four existing buildings on site are also going to be remodeled as part of this proposal and will include a new entry area added to the buildings, new windows, siding, decking, soffit and fascia, and gable roof ends. The proposal includes removal of the existing commons building, with the addition of two new enclosed garage structures and a two-story commons area. The new units will be located along a new curbed semi-circle private road. All the new buildings will face inward. Seven buildings will be placed on the outside of the circle and four on the inside. Grading work will be done on site and will alleviate past drainage issues with the adjoining church property to the south. Plans show curbing along the new road, but staff suggests that curbing be added to all new paved areas. In 2007 and 2010 this item was at Plan Commission for a conceptual rezoning. The 2007 proposal was for 44 units on less acreage. There were no open space areas as buffers to the surrounding parcels and it did not meet the Comprehensive Plan. In 2010 the plans were updated and the buildings were concentrated to the western half leaving the eastern portion of the site as open space. Concerns at that time were vacating the right of way, open space buffer to existing subdivision and updating the existing buildings. This proposal addresses most of those concerns. Staff recommends approval due to the proposed development meeting the Comprehensive Plan, multi-family uses should work well in the area and will provide a larger tax base. Commissioner Stinebaugh noted the landscaping should be very natural, not regimented, with three times the amount of trees on the drawing. Commissioner Burke agreed and added that occupancy of the new buildings should not be granted until the updates to the existing buildings are completed. Dave Hoffmann, property owner, and Mark Taylor, project designer, were present. Mr. Hoffmann stated they are ready to begin work on the remodel of the existing buildings once they receive approvals. Mr. Taylor explained the project has been scaled back from 12 unit buildings to four unit buildings. The setback has been increased from the existing subdivision from 400-feet to 425-feet from the conceptual plan and Mr. Taylor noted it would not be a problem adding more vegetation while keeping it a natural environment. Ald. Snead opened the meeting for public comment from the following residents: Pastor Stephen Will, W182 S8460 Racine Ave  Impressed and in favor of the proposal  Developers were willing to listen to concerns over drainage problems. Earl Meinin, S82 W19362 Apollo Drive PAGE 2 Plan Commission Minutes, continued February 10, 2011  Owns a business in the industrial park; which has added 39 new employees. The employees want to live in Muskego but the City needs more rental housing.  The proximity to the industrial park is perfect.  City needs the tax base. Ald. Snead noted that Ald. Werner, alderman of the district, received concerns from neighbors of the project. Mayor Johnson also had concerns relating to if this is the best use of the property and the benefits to the neighborhood and the City. Commissioner Noah explained he feels there is a high level of design and top quality materials and is not at all displeased with the design. Ald. Borgman stated he is in full agreement and added he feels the buildings are built to the standards of the Moorland Road and Janesville Road area. Commissioner Burke expressed concern with the amount of landscaping on the east. Commissioner Noah stated he does not want to see a standing row of trees but the site views from the neighbors should be looked into and evergreen type trees should be clustered along the site lines. Commissioner Burke made a motion to Amend Resolution #P.C.071-2010 to add; BE IT FURTHER RESOLVED, That additional landscaping must be added to the eastern portion to create a natural buffer, and BE IT FURTHER RESOLVED, That before occupancy is granted all existing building improvements will be completed. Commissioner Stinebaugh seconded. Upon a roll call vote, the Resolution was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 071-2010 was ADOPTED unanimously. RESOLUTION #P.C. 001-2011 – Approval of a Right-of-way Vacation, Two Lot Certified Survey Map, and a Condominium Plat for Rustic Trails/Trail Court located in the SE ¼ of Section 7 (Tax Key Nos. 2188.032, 2188.033, 2188.034, 2188.035, 2188.036, & 2188.037 / Trail Court). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 001-2011. Commissioner Noah seconded. Mr. Trzebiatowski explained the Petitioner is requesting a right of way vacation, CSM and Condo Plat approval to create a private development. There are currently three homes in the subdivision. Two homes and two vacant lots will be part of the condo plat and the third home will not. The right of way vacation will eliminate the public right of way and the City will have no responsibility for the road. The road has already been built to City standards. Public Works has reviewed the request and there were no concerns, other than maintenance of the road. The Resolution states that the road must be maintained to City standards. The CSM and Condo Plat meet the bulk requirements of the code. Jason Geiger, petitioner and property owner, was present and explained his reasoning for combining the properties is for privacy, security, safety, and liability. Once the process is complete they will be installing a gated entrance. They have had problems in the past with break-ins and kids on their property. There is a pond close to the road and they are concerned a child will fall in. Mr. Trzebiatowski explained there is a similar gate situation on Bass Bay Lane and this single- family condo idea is common in other communities such as Brookfield. Commissioner Burke noted there should be guidelines for future requests. Upon a roll call vote, Resolution #P.C. 001-2011 was ADOPTED unanimously. RESOLUTION #P.C. 004-2011 – Approval of a Building, Site, and Operation Plan for L Spa located in the NE ¼ of Section 2 (Tax Key No. 2165.985 / Janesville Road). Ald. Borgman PAGE 3 Plan Commission Minutes, continued February 10, 2011 made a motion to ADOPT Resolution #P.C. 004-2011. Commissioner Burke seconded. Mr. Trzebiatowski explained the petitioner is proposing a new 3,000 square foot structure in the Historic Crossroads area of Tess Corners along Janesville Road. The property is within Redevelopment District #1. The Community Development Authority reviewed the BSO plans at their January meeting and found the plans followed the intentions of the Redevelopment District. The building is designed under the Bungalow style architecture. The structure is to be built with four-sided architecture. The Historic Crossroads Design Guide does not call for 50% masonry product on structures in this area. The materials include hardie shingle, hardie trim, hardie plank, stone sills, stone veneers, and asphalt dimensional shingles. Also included are false dormers on the roof, faux window shutters, hardie shake shingles and sofit struts under the gable lines. Masonry is found along the base of the entire building except the northern façade, which is unseen from public view. The site is a very unique shape and has an existing drainage easement and floodplain on the property. The overall site layout meets the zoning requirements with the exception of the font parking setback and front parking stall size. The setback requirement for parking is usually 10-feet. The petitioner is requesting 3-feet. Staff feels this reduced setback works with this layout as the buildings in the HC-1 district are already allowed closer to the street and the parking setback doesn’t affect any of the surrounding properties negatively. The parking stalls are shown as 10’x20’ in the back of the lot and 9’x18’ in the front of the building. Staff feels the reduction is size requirement can be allowed since it isn’t for every stall and there is a difficult site layout to work with. Staff is recommending approval. Ald. Snead expressed concern with storm water runoff. Ald. Snead explained there are already water problems in this area and is concerned this will add to it. Water drains from New Berlin and the Tess Corners area into the creek; which then floods the residents along Gaulke Drive. Mr. Trzebiatowski explained a grading plan will need to be submitted at the time of permits showing where the water will drain to. Commissioner Noah stated the building and materials look good and likes the detail on the east façade of the building because there doesn’t seem to be room for landscaping on that side. Commissioner Noah added that he is concerned with the soundness of the structures being that close to a slope. Commissioner Burke explained he would like to see more stone used and is disappointed there is no stone on the northern façade. Ald. Borgman stated the design matches the standards for the area and feels it is a good looking building. Commission Jacques and Stinebaugh agreed and Commission Jacques added the L-Spa will be a welcomed addition. Ald. Snead made a motion to AMEND Resolution #P.C. 004-2011 to include: BE IT FURTHER RESOLVED, That special attention be paid to the grading plan to minimize the water flow to the Tess Corners Creek. Commissioner Noah seconded. Upon a roll call vote, Resolution #P.C. 004-2011 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. 004-2011 was ADOPTED 5-1, with Commissioner Burke voting no. RESOLUTION #P.C. 005-2011 – Approval of a Building, Site, and Operation Plan Amendment for Wal-Mart located in the NE ¼ of Section 3 (Tax Key No. 2169.999.003 / W159 S6530 Moorland Road). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 005-2011. Commission Stinebaugh seconded. Mr. Trzebiatowski explained the petitioner is st proposing a temporary outdoor garden sales center at the new Wal-Mart from March 1 to PAGE 4 Plan Commission Minutes, continued February 10, 2011 th September 5 this year only. The garden center would be located along the northern façade of the existing garden center enclosure. The proposed area would consist of pallets of materials with benches for flowers and plants and will consume 13 parking stalls. Complaints may result in a re-review by Plan Commission; which could result in revocation of this approval. Jason Radliff, store manager, was present and explained by extending this area they are providing a drive-thru area for customers. Commissioner Noah explained areas of the building were required to be enclosed for a reason. Commissioner Noah added this approval is for one year and if they want to come back next year for approval, more architectural detail should be added such has fencing. Commissioner Burke agreed. Upon a roll call vote, Resolution #P.C. 005-2011 was ADOPTED unanimously. #P.C. 006-2011 – Discussion of a Conceptual Land Division for Crystal Cove located in the SE ¼ of Section 32 (Tax Key Nos. 2287.999.004 & 2288.996.003 / Racine Avenue - Crystal Drive). Mr. Trzebiatowski explained the petitioner submitted a conceptual subdivision plat dividing two current parcels to allow 12 single family residential parcels. In 2009 the petitioner conceptually requested 24 single-family residential parcels in the eastern non-sewered portion and 23 two-unit condo structures in the western sewered portion. Planning Commission didn’t look favorable upon increased density at that time and residents were concerned with environmental impacts. The 2020 Plan depicts the area for rural density residential and the proposal is consistent with the plan. The property is zoned RS-2 Suburban Residence District, which requires a minimum lot size of 40,000 square feet and average lot width of 220-feet. The parcels meet the non-sewered zoning requirements and would remain privately sewered. The development would enter from one access point off of Muskego Dam Road through the existing Crystal Lakes Subdivision along the southeast side of Crystal Lake. A future access point to Racine Avenue could take place upon future development along Racine Avenue. Mr. Trzebiatowski noted the following; the concept differs greatly from the original proposal and now allows for a very rural subdivision format that works with the terrain and environmental features, all wetlands have been re-delineated this past year and are up to date, future conservation management easements may need to be discussed, and the long street stub would be allowed by Muskego ordinances because it is temporary and will connect to a future development. Staff feels this conceptual plat works well. The rural themed lot sizes and lot pattern should work well in the area and Muskego has a limited amount of subdivisions and lots of this size which could fulfill a niche. Bill Carity, developer, was present and explained the plans from 2009 have been re-thought and the area researched. Wetland delineations were recently updated and surveyed onto the parcel. Soil borings were completed and it was found that several lots are not able to hold a septic system, which can be accomplished through an easement to an outlot. A 3 acre parcel has been added to stub out to Muskego Dam Road, via Crystal Drive. The area will include larger rural themed lots. Six of the lots will front on Crystal Lake. The lots will be large enough for accessory buildings. Ald. Borgman expressed concern with one way in and out of the subdivision for emergency vehicles. Mr. Carity explained the proposal is for a long temporary cul-de-sac. In the future the road will eventually connect to the existing development and out to Muskego Dam Road. Commissioner Stinebaugh explained he likes the design and it eliminates the past density issues. Not concerned with the road termination because the sewered area will eventually get developed. PAGE 5 Plan Commission Minutes, continued February 10, 2011 Commissioner Noah asked for clarification on lot 12 where the mound system appears to be on another property. Mr. Carity explained the mound system is permitted on another property and will be accessed through an easement. Commissioner Noah also questioned if there is an issue with private laterals crossing the road. Mr. Trzebiatowski explained it should not be an issue and can be addressed with the subdivision plat. Commissioner Burke questioned how the easement for the septic systems located in the outlot would be handled. Mr. Carity explained there would be three separate systems and the laterals would be in one easement. Commissioner Burke added he likes the plan. Ald. Snead opened the meeting for public comment from the following residents: Brian Kramer, W188 S10751 Muskego Dam Road  Feels the landowner has the right to build, but is against improper development  There is an underground watershed with multiple wetlands and the water cannot be contained.  This area was in the Big Muskego Lake Wetland Management District but was removed because it is an underground watershed.  Proposal has a long way to go with holding/retention ponds  Concerned with mosquitos and blue algae in stagnant ponds  Concerned with the one way in/out cul-de-sac. Temporary could be limitless Michael Kuwitzky, W188 S10793 Kelsey Drive  Concerned with the drinking water and septic systems  Concerned with flooding that already takes place  Few rural areas left, would like to maintain the environment Mr. Carity explained the wetlands have been thoroughly studied and the Engineering Department’s requirements will be followed. Mr. Carity further added he could include a grading plan at the time of the preliminary plat. Commissioner Stinebaugh cautioned there will be a big pool of water that will need to be aerated and made to look attractive. RESOLUTION #P.C. 007-2011 – Approval of a Building, Site, and Operation Plan Amendment for O’Reilly Auto Parts located in the NW ¼ of Section 10 (Tax Key No. 2198.984.001 / S74 W16890 Janesville Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 007-2011. Commissioner Burke seconded. Mr. Trzebiatowski explained O’Reilly Auto Parts will be leasing a space formally occupied by Blockbuster and is requesting to paint the upper portion of the front and side façade red. The parcel is within Redevelopment District #2 and the Community Development Authority, at their January meeting, thought that allowing a single leased area to be painted differently doesn’t fall into enhancing the image of downtown Muskego. Staff also does not feel the resolution should be approved but suggested allowing the petitioners to box out just the sign portion in the red color. Discussion took place on the background being painted red and the Commissioners agreed that this is not a step in the right direction for the building or the area. Commissioner Noah suggested having the red as a background of the sign only. Ald. Snead suggested deferring this item to allow the petitioner to come back to Plan Commission with another design limiting the red painted area to the boundaries of the sign or boxing the red area as part of the sign. Commissioner Noah made a motion to DEFER Resolution #P.C. 007-2011. Commissioner Jacques seconded. Resolution #P.C. 007-2011 was DEFERRED unanimously. PAGE 6 Plan Commission Minutes, continued February 10, 2011 RESOLUTION #P.C. 008-2011 – Approval of a two lot Certified Survey Map for the Rozeski property located in the SE ¼ of Section 13 (Tax Key No. 2212.994.001 / S84 W12696 Schaefer Drive). Commissioner Burke made a motion to ADOPT Resolution #P.C. 008-2011. Commissioner Noah seconded. Mr. Trzebiatowski explained the petitioner is proposing to divide one parcel by CSM to create two parcels. The lots will range in size from 1.55 to 2.7 acres. The proposal is consistent with the 2020 Comprehensive Plan and the RSE zoning requirements. The CSM meets the bulk requirements of the Code. The Park and Conservation Plan shows wooded areas on site as a Low Conservation priority. The City Forester will need to tour the site and recommend conservation techniques to preserve quality environmental features. The Forester’s recommendation will be forwarded for Common Council approval. Upon a roll call vote, Resolution #P.C. 008-2011 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 009-2011 – Approval of a removal of a Conditional Use Grant (#177) for Ricco property located in the SW ¼ of Section 26 (Tax Key No. 2263.998.003 / W151 S10178 Thode Drive). MISCELLANEOUS BUSINESS Commissioner Noah requested that if any road vacations come to the Plan Commission in the future, history or background information as to why the vacation is being requested would be helpful. Commissioner Noah suggested clarifying the process for the petitioner with a statement of approval being made after the vote. ADJOURNMENT Commissioner Jacques made a motion to adjourn at 8:50 PM. Commissioner Noah 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