Loading...
PCm20120709 CITY OF MUSKEGO PLAN COMMISSION MINUTES Unapproved 6:00 PM Monday July 9, 2012 Muskego City Hall, W182 S8200 Racine Avenue Mayor Chiaverotti called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Kathy Chiaverotti, Ald. Soltysiak, Commissioners, Noah, Buckmaster, Stinebaugh and Jacques and Director Muenkel and Recording Secretary McMullen. EXCUSED Commissioner Hulbert Recording Secretary McMullen noted that the meeting was properly noticed on July 3, 2012 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE JUNE 5, 2012 MEETING Commissioner Stinebaugh made a motion to approve the minutes of the June 5, 2012 meeting. Commissioner Jacques seconded. Upon a roll call 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 approve Resolutions #P.C. 035, 038, 039, 040, and 043-2012 engross. Commissioner Stinebaugh seconded. Upon a voice vote, the motion passed unanimously. RESOLUTION #P.C. 035-2012 – Approval of an Accessory Structure for the Robert Anderson property located in the NW ¼ of Section 32 (Tax Key No. 2286.998.001 / S103 W20171 Kelsey Drive). Resolution #P.C. 035-2012 was ADOPTED unanimously. RESOLUTION #P.C. 038-2012 – Recommendation to Common Council to Amend Chapter 36 - Wireless Communications Facilities of the Municipal Code relating to Public Safety Communications. Resolution #P.C. 038-2012 was ADOPTED unanimously. RESOLUTION #P.C. 039-2012 – Approval of a Two Lot Certified Survey Map for the James Baseler property located in the NE ¼ of Section 18 (Tax Key 2232.981.001 / W207 S8602 Hillendale Drive). Resolution #P.C. 039-2012 was ADOPTED unanimously. RESOLUTION #P.C. 040-2012 – Approval of an Accessory Structure for the Gary Hartson property located in the SW ¼ of Section 26 (Tax Key No. 2263.999.003 / W152 S9901 Thode Drive). Resolution #P.C. 040-2012 was ADOPTED unanimously. RESOLUTION #P.C. 043-2012 – Approval of a Mother-In-Law unit for the Pohlhammer property located in the NW ¼ of Section 2 (Tax Key No. 2166.081 / W148 S6472 Brookside Drive). Resolution #P.C. 043-2012 was ADOPTED unanimously. Plan Commission Minutes, continued July 9, 2012 NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 034-2012 – Recommendation to Common Council for Revisions to the 2020 Comprehensive Plan – Chapter 8 and Future Land Use Map relating to future lake access on Little Muskego Lake. Commissioner Noah made a motion to ADOPT Resolution #P.C. 034-2012. Commissioner Jacques seconded. Director Muenkel explained that Council adopted Resolution #049-2012 on April 24, 2012. This Resolution was to terminate past resolutions concerning the City pursuing the purchase of various Little Muskego lakefront properties for a future park purpose. As part of that Resolution staff has been directed by Council to bring forth 2020 Comprehensive Plan amendments to possibly remove the “Future Lake Access” notations from the Plan. These references consist of removing paragraphs in Chapter 8 on page 218 and the text and map notations on the 2020 Land Use Map. The th Public Hearing was heard before Council on June 26 with six people speaking, five for the full removal of text from the 2020 Plan and one for leaving in the notions of a future lake access and amending the text. Staff is recommending to not remove all the lake access text from the 2020 Plan, but to amend the Plan removing the exact locations (5a and 5b) on the map. The text in the 2020 Plan could still note that the City will consider a future lake access should the opportunity come the Council’s way. The amendment preserves the intent of the 2020 plan, which considerable time was put into along with two surveys, public meetings and public hearings. Director Muenkel noted that while the text is not binding, an amendment shows that the City of Muskego believes that the lake is an asset to the present and future of the community and that the city desires to still consider anything that may benefit the future prosperity of the city. Public Comment: Heidi Lindhorst – S75 W18094 Bozshardt Lane  Stated land is being targeted as a potential site  Receiving phone calls asking what their future plans are for the property  The property is family land and is not for sale or available to the public  If the site is removed the property will still be a target Commissioner Stinebaugh explained he was on the 2020 Plan Committee and the idea of the lake park was opportunistic if it came up; knowing the lake is surrounded by private property. Commissioner Stinebaugh sympathized with Ms. Lindhorst. Commissioner Stinebaugh explained he could follow staff recommendation but with some added language that no property will be forced to participate. Commissioner Buckmaster agreed and stated it was never the intent of the 2020 Planning Committee to have anyone targeted and he has no objection to the language of the staff recommendation as is and will support it. Commissioner Buckmaster added that the lakes should be marketed as the jewel of Muskego along with the schools and library, as part of community development. Ald. Soltysiak explained amendments are not needed if the City removes all language referencing the lake access. Removing the language and amending the 2020 Plan will alleviate the resident’s concerns. PAGE 2 Plan Commission Minutes, continued July 9, 2012 Mayor Chiaverotti stated removing all reference to the lake access will compromise the 2020 Plan process including citizen surveys, city meetings and opinions. These need to be in the plan as a summary. Commissioner Buckmaster noted that removing all language and reference to a lake access does not mean there could never be a lake access and does not want to give false hope to those to who do not want it. Ald. Borgman was present and expressed concern over the public hearing process. Explaining with the public hearing being held before Council, the Plan Commission members do not get the comments from the public. Director Muenkel noted that this is a state statute backed process. Ald. Glazier was also present and explained he has concerns about a precedent being set when details get pulled out of plans and referenced the Redevelopment Plans the City has in place also. On the Land Use Map the arrows pointing to the vicinity of certain properties is a problem and the specific numbers (5a and 5b) should be removed, but the community does want to see access to the lake and the reference to that is a good idea. Commissioner Buckmaster made a motion to AMEND Resolution #P.C. 034-2012 to accept staff recommendation to remove targeted points (5a and 5b) as possible lake access. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 034-2012 was AMENDED 5-1 with Ald. Soltysiak voting no. Upon a roll call vote, Amended Resolution #P.C. 034-2012 was ADOPTED unanimously. RESOLUTION #P.C. 036-2012 – Approval of a BSO Amendment for Frey Auto located in the NW ¼ of Section 32 (Tax Key No. 2293.996.002 / Loomis Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 036-2012. Commissioner Jacques seconded. Director Muenkel explained the BSO Amendment is for Frey Auto located along Loomis Road. Plan Commission approved the original BSO and CUG on September 6, 2011 by Resolution #P.C. 036-2011. The owner has made some site and building alterations and is requesting to amend their previous approval. The following are the main items being revised: 1. The square footage of the building is increased to 7,689 square feet with a 1,098 square foot mezzanine level. 2. The rear portion of the building (containing the service bays) is being changed from full masonry to the lower 12’ being masonry with the upper 6’ being steel panel. The building still exceeds the 50% masonry requirement. The roof will be standing seam metal and will be lower than the front portion of the building. 3. The parking lot layout and circulation has been expanded. 4. The enclosed outdoor storage area has been enlarged and will be screened with an 8 foot board on board fence. Staff is recommending approval and Director Muenkel noted that all other prior approvals will still apply. Upon a roll call vote, Resolution #P.C. 036-2012 was ADOPTED unanimously. RESOLUTION #P.C. 037-2012 – Recommendation to Common Council to rezone the Daniel Hewitt property from RL-3 – Lakeshore Residence District to DR-1 – Downtown Revival District located in the SW ¼ of Section 9 (Tax Key 2195.999 / S76 W18026-40-58 Janesville Road). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 037-2012. Commissioner Buckmaster seconded. Director Muenkel explained the rezoning request is for DJ’s Pub along Janesville Road north of Pioneer Drive. The rezoning request is to go from RL-3 Single Family PAGE 3 Plan Commission Minutes, continued July 9, 2012 Residential lakeshore zoning district to DR-1 Downtown Revival District and does include a 2020 Comprehensive Plan amendment from residential to commercial. The rezoning is being requested due to the pub/restaurant and a home that are being removed as part of the County’s road project. The pub/restaurant has been operating at this location for about 90 years as legal nonconforming as the zoning on the property has always been residential. A site plan was submitted on July 2, 2012 showing Mr. Hewitt’s intentions to come forth with a future BSO Plan to build a 3,600 square foot restaurant structure on the south end of the property close to Janesville Road and eight (8) residential structures in the rear of the property or within a second story of the restaurant structure. Staff is recommending the residential units be restricted to the requirements of the RL-3 zoning district which allows one residential dwelling unit per 5,000 square feet. This would allow the property four (4) residential units. th A public hearing was held before the Common Council on June 26 and Director Muenkel reviewed the comments from the meeting. One of the comments received questioned why a rezoning was required and could not be grandfathered. Director Muenkel reviewed the City Attorney’s opinion that once a legal nonconforming use is removed from a property you must build within the constraints of the existing zoning district or receive a rezoning to allow the use intended. Staff is recommending approval with amendments that would assure that the City is approving a rezoning that is dependent on the future BSO approval by the Planning Commission and that the City is only approving a BSO that shows a restaurant use up along Janesville Road and the residential density will not exceed what is allowed by the existing zoning today (up to four units distributed on the site also subject to BSO plan approval). Public Comment: Heidi Lindhorst – S75 W18094 Bozshardt Lane  Supports DJs bid to rebuild, concerned the whole property will be defined commercial and residential will be no longer  Would like the business along Janesville Road and the homes farther back.  Would like to repurpose the property not rezone to set a precedent to properties next to it  Preserve the essence of the lake environment  Would like the use grandfathered in and rezoned commercial Paul Lemke, representative of the Lemke family, Bozshardt Lane  Back lot is being used as a boat and car storage facility  Parking lot, grilling station and smoke shelter was built with no regard to offset or zoning, how has this been allowed? Debra Bolton, W186 S7565 Kingston Drive  P&L Insurance carved off a piece near the street. Allow DJs to carve off a piece near the street for commercial and preserve the piece in the back for residential.  Respect the other residences  Require larger parcel and larger homes on this lot and business piece near the street  Would like a small community neighborhood bar – something small.  Respects the desire to not lose another business Kathleen Zimmerman, W192 S7839 Overlook Bay Road  There are a number of people who want to see DJs property improved  Great move PAGE 4 Plan Commission Minutes, continued July 9, 2012  The new DJs will be more like a supper club where people come from different cities for the food  Supports staff recommendation Commissioner Buckmaster questioned if there was a current BSO for the property and if there was a new BSO would an annual review be included that could address issues that come up. Director Muenkel explained there isn’t a current BSO in place and if the rezoning is granted Mr. Hewitt would have to come back to Plan Commission for a new BSO and as part of that some issues could be eliminated or revised such as the boat storage or added annual reviews. Director Muenkel added that as part of the BSO the new development would need to fit within the character of the neighborhood. Commissioner Jacques stated she feels this was a good plan with mechanisms in place to work with the BSO just like Plan Commission did with the Wal-Mart development. Commissioner Jacques stated she will vote in favor of the rezoning. Discussion took place relating to the type of residential units and the location. Director Muenkel explained the conditions being placed on the rezoning will dictate where the commercial and residential can be located. The commercial will be required to be up near Janesville Road with the residential located either above the restaurant or towards the back. Commissioner Noah noted the residential wouldn’t necessarily have to be single family units, but could be one or two buildings. Mr. Hewitt was present and explained he originally planned for 3- three unit buildings and two units above the restaurant. Mr. Hewitt stated he would prefer 8 units but would settle for 6 or 5. Plan Commission reiterated 4 units per the existing zoning and Mr. Hewitt nodded in understanding. Commissioner Stinebaugh questioned if this set a precedent. Director Muenkel explained each property stands on its own merits with a rezoning and BSO and the conditions on this rezoning sets it apart even more. Ald. Soltysiak noted it may set a small precedent just by people referencing past rezoning approvals just as the P&L Insurance Agency rezoning was referenced in the narrative. Ald. Soltysiak added he doesn’t have any problems with this rezoning because there are mechanisms for the property owner to make himself whole, with an additional residential unit, after the County’s road project. Ald. Soltysiak made a motion to AMEND Resolution #P.C. 037-2012 to include the following staff recommendation: BE IT FUTHER RESOLVED That the Council Ordinance #1361 be amended in Section 4 to state the following in order to assure that the rezoning allows a residential density similar to what exists today and to assure that the rezoning is dependent on a future BSO meeting the conceptual layout submitted by the petitioner: Section 4: This ordinance is in full force and effect from and after passage and publication and conditioned on the Plan commission approval of a Building, Site, and Operation Plan (BSO). The BSO approval shall follow the general conceptual layout submitted as part of this rezoning which shall include a bar/restaurant built close to Janesville Road and no more than four (4) residential units on the property. Commissioner Buckmaster seconded. Upon a roll call vote, Resolution #P.C. 037-2012 was AMENDED unanimously. Upon a roll call vote, Amended Resolution #P.C. 037-2012 was ADOPTED unanimously. Mayor Chiaverotti clarified for Mr. Hewitt that Plan Commission approved the recommendation to Council for a rezoning with the conditions that the restaurant will be near Janesville Road and four (4) residential units will be allowed on the property. RESOLUTION #P.C. 041-2012 – Approval of a BSO Amendment for 4Front Engineered Solutions located in the NW ¼ of Section 16 (Tax Key No. 2222.984.006 / W183 S8253 Racine PAGE 5 Plan Commission Minutes, continued July 9, 2012 Ave). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 041-2012. Commissioner Stinebaugh seconded. Director Muenkel explained a submittal was received from 4Front Engineered Solutions on Racine Ave to alter portions for their site and structures to meet the needs of their growing business. The main building is off of Racine Avenue and there is a storage building to the north and employee parking to the south. There are also a few acres to the west of this site off of Gemini Drive for future development. The proposed site changes are as follows:  The dumpster docks will be reconfigured and enlarged to facilitate new trash compactors, which will all be located in back of the structures away from Racine Ave.  A new accessory structure is proposed adjacent to the northwest corner of the main building for storage. The structure will be clad with tan steel walls, a band of red steel wainscoting, and a red steel roof.  There is an existing accessory structure on the site and the petitioner is proposing to remove the failing brick and some un-used doors and would like to re-clad these areas with steel and then paint this entire structure to match the newly proposed accessory structure.  The steel portions of the main building are also going to be painted to match the tan color on the accessory structure. The doors on the new and existing accessory structures will be tan to match the new siding color.  New landscaping is proposed to be added on the west and north sides of the new accessory structure. Final landscape plans must be approved before permits can be issued.  A new asphalt parking lot is proposed to the southwest of the existing main building, along with a new asphalt driveway to allow access around the western portion of the developed site. The plan appears to conform to all the access and size requirements. Staff recommends approval subject to a couple contingencies included in the Resolution. The shipping/storage crate currently on site must be removed from the property before occupancy of the new building, and that no outdoor storage or display will be allowed on site once the new structure is in use, unless specific Plan Commission approvals are granted in the future for any storage. Commissioner Noah questioned the color choice of the red roof. Mr. William Knoten, building and facilities manager, was present and explained the roof color was chosen to match the apron on the façade of the existing building. Mr. Knoten had a color sample chart and pointed out the color being used. Commissioner Noah stated the color shown is acceptable because it is a darker muted red than what appears in the drawing. Commissioner Noah made a motion to AMEND Resolution #P.C. 041-2012 to read: BE IT FUTHER RESOLVED That staff has the ability to modify the color of the roof if necessary. Ald. Soltysiak seconded. Upon a roll call vote, Resolution #P.C. 041-2012 was ADOPTED unanimously. Upon a roll call vote, Amended Resolution #P.C. 041-2012 was ADOPTED unanimously. RESOLUTION #P.C. 042-2012 – Approval of a BSO Amendment for Juice Garden Cafe located in the SE ¼ of Section 8 (Tax Key No. 2192.971 / W189 S7839 Racine Ave). Ald. Soltysiak made a motion to ADOPT Resolution #P.C. 042-2012. Commissioner Jacques seconded. Director Muenkel explained the petitioner, Amy Hoeppner, is proposing to open a new juice garden café in the Muskego Centre next to Piggly Wiggly along Racine Avenue. As part of this Ms. Hoeppner is requesting outdoor seating, which requires Plan Commission approval. Approval has been given by the management committee. The outdoor seating is proposed to be out during open hours for the café only. The seating will be located between the pillars of the overhang and the curb, and there will be access on the walkway for pedestrian PAGE 6 Plan Commission Minutes, continued July 9, 2012 use. Plan Commission has allowed outdoor seating in the past subject to the following requirements:  That a minimum of three (3) feet of clearance must be left at the narrowest point on the walkway in front of the restaurant  That all equipment must be removed during the seasons that the outdoor dining is not is use and no other outdoor storage is allowed to occur on the property  If at anytime the outdoor dining equipment is not kept in quality condition, the Plan Director may bring the item to Planning Commission for removal of use. Ms. Hoeppner was present and stated she will be serving juices, smoothies, salads, coffee and tea. The business should be open in August. Upon a roll call vote, Resolution #P.C. 042-2012 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE None. MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Buckmaster made a motion to adjourn at 7:41 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 7