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PCm20200303CITY OF MUSKEGO PLAN COMMISSION MINUTES 03/03/2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL APPROVED ue ctv W USKEGO Present: Mayor Chiaverotti, Alderman Kubacki Commissioners Oliver, Bartlett, Buckmaster, Graf, Associate Planner Fahl. Absent: Commissioner Jacques, Planner Trzebiatowski. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the minutes from the February 4, 2020 meeting. Commissioner Bartlett made a motion to approve the minutes of the February 4, 2019 meeting. Alderman Kubacki seconded. Motion passed unanimously. CONSENT BUSINESS RESOLUTION PC 008-2020 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998. RESOLUTION PC 009-2020 Approval of a Bi-Annual Review for outdoor storage for Ralph W. Raush at the property located at S83 W18550 Saturn Drive / Tax Key No. 2223.003. RESOLUTION PC 010-2020 Approval of a Bi-Annual Review for the RD Meyer Mini Storage property located at W145 S6550 Tess Corners Drive / Tax Key No. 2165.998.012. RESOLUTION PC 011-2020 Approval of a Bi-Annual Review for the George Alex property located at S98 W12712 Loomis Drive / Tax Key No. 2257.984.001. RESOLUTION PC 012-2020 Approval of a review six months after occupancy for Pinnacle Peak located at W182 S8320 Pioneer Drive / Tax Key No. 2223.999. RESOLUTION PC 013-2020 Approval of the sale of Fireworks for American Fireworks and Plan Commission Minutes 3/3/2020 6:00:00 PM Novelties LLC at the Jetz Fuel property located at S69 W15461 Janesville Road / Tax Key No. 2167.995.011. Alderman Kubacki asked to pull PC 006-2020 and PC 007-2020 from consent. Commissioner Buckmaster made a motion to approve the consent business engross. Alderman Kubacki seconded. Motion to approve PC 008-2020, 009-2020, 010-2020, 011- 2020, 012-2020, 013-2020 passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 006-2020 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. Alderman Kubacki made a motion to approve Resolution PC 006-2020. Commissioner Oliver seconded. Alderman Kubacki explained that Frey Auto continually has bad inspections and then is sent a letter and cleans up the site for the follow-up inspection. Is there anything else that can be done to ensure that site inspections are correct at the first inspection? If nothing is done it will be the same discussion next time. Commissioner Graf said that there is no progressiveness associated with the inspection process and asked if there should be. Commissioner Buckmaster asked if the Plan Commission has the authority to set penalties for habitual offenders. The Plan Commission discussed additional inspections. Mayor Chiaverotti will discuss with legal counsel and have answers for the next meeting. Alderman Kubacki made a motion to amend Resolution PC 006-2020 to have a 6-month review. Commissioner Graf seconded. Resolution amended 5-1 with Commissioner Bartlett voting nay. Motion to approve Amended Resolution 006-2020 was approved 5-1 with Commissioner Graf voting Bartlett. RESOLUTION PC 007-2020 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002. Alderman Kubacki made a motion to approve Resolution 007-2020. Commissioner Graf seconded. Motion passed unanimously. RESOLUTION PC 005-2020 Approval of an Annual Review for the Loomis Court LLC. property formerly known as the George Alex / Robert Jacob property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. Associate Planner Fahl provided an overview of the annual review. An unapproved sign was located on the site for the initial and follow-up inspection. After discussion with the property owner the sign was removed and the site is now in compliance. Commissioner Buckmaster made a motion to approve Resolution PC 005-2020. Alderman Kubacki seconded. Motion passed unanimously. RESOLUTION PC 014-2020 Recommendation to Common Council to Rezone a property from B-2 Local Service District to B-4 Highway Business District for D&K Seasonal Services Plan Commission Minutes 3 3/3/2020 6:00:00 PM located at S80 W 19025 Janesville Road / Tax Key No. 2225.984. Associate Planner Fahl provided an overview of the request for rezoning. The site is currently zoned B-2 Local Service District but is requesting a change to B-4 Highway Business to allow for outdoor sales of mulch, salt and other landscaping products. The Comprehensive Plan identifies this area as Commercial so a Comprehensive Plan Amendment is not needed. A public hearing was held in front of the Common Council with a concern regarding drainage but further investigation revealed that drainage would likely not go that direction. Other concerns included property values of neighboring properties and plantings along Janesville Road. These concerns would be reviewed further during the Business, Site and Operations Plan approval process. Alderman Kubacki and Commissioner Oliver reiterated that site drainage would not affect the neighboring properties, but would go toward the back of the property where a We Energies easement is located and wouldn't affect any businesses. Commissioner Bartlett confirmed that when the applicant returns with a Building, Site and Operations Plan proposal the landscaping and site improvements would be reviewed. Alderman Kubacki made a motion to approve Resolution PC 014-2020. Commissioner Bartlett seconded. Motion passed unanimously. RESOLUTION PC 015-2020 Approval of a Metal Accessory Structure for Steve Stack located at S63 W15425 College Avenue / Tax Key No. 2166.997.005. Associate Planner Fahl provided a summary of the metal accessory structure. The metal 33' x 64' foot accessory structure does not have the same materials as the house, but will be painted to match the house. Windows, doors, a copula and wainscoting will provide a residential feel rather than a standard metal accessory structure. All of the bulk requirements of the Zoning Code will be met. Alderman Kubacki made a motion to approve Resolution PC 015-2020. Commissioner Bartlett seconded. Motion passed unanimously. RESOLUTION PC 016-2020 Approval of a Building, Site and Operation Plan Amendment for Alliance Construction & Design Inc. located at S73 W16555 Janesville Road / Tax Key No. 2198.978. Associate Planner Fahl provided an overview of the project. A smaller project for this site was previously approved last year for an addition. The submittal now is to remove the entire building except the easternmost car wash bay and rebuild the building. The wall closest to the east property line will be moved to meet the ten -foot offset requirement. Architecturally, the building will be EIFS, stone veneer and glass. The eastern wall that will be moved is shown as a painted block wall but it would be changed to match the remainder of the building. The masonry calculations submitted do not meet the 50 percent as required by the design guide. Prior to issuance of building permits the plans must show at least 50 percent masonry. The roof materials are noted as a metal or shingle roof and staff is looking for a preference by the Plan Commission. All mechanicals will need additional landscaping screening. The number of parking stalls meet the code requirements. The applicant is seeking a waiver for parking stall size. The applicant is also seeking a waiver for the offset of the parking area toward the south to be three feet to accommodate a properly sized drive aisle. A new solid vinyl fence will be installed on this property line to assist with any light or noise from the new building. Curb and gutter is Plan Commission Minutes 3/3/2020 6:00:00 PM shown on the plan throughout the site. The vacuum station is within a WEPCO easement and permission will be needed from the utility to locate the vacuum station as shown. A garbage enclosure is shown with fencing materials to match the solid fence along the southern side of the property. Additional landscaping will also be needed along the front of the building. The existing monument sign will be removed. Hours will be the same as previously approved of 5:00 AM to 11:00 PM with the car wash hours set at 7:00 AM to 10:00 PM. Alderman Kubacki asked for clarification on moving the eastern wall of the building. Associate Planner Fahl explained that the applicant has stated they can remove the wall while using the same footings to reconstruct the wall to meet the ten -foot offset requirement. Commissioner Buckmaster wanted to point out that the two tenants that have not been identified that the cross access easement had been removed from this site years ago and he would not be in favor of recommissioning the cross access with the waivers being requested. Commissioner Bartlett stated that he has no preference as for the roof materials being either standing seam metal or asphalt shingles. Commissioner Bartlett also wanted clarification that the eastern wall will need to match the remainder of the building. Associate Planner Fahl confirmed that the eastern wall will need to match and is stated in the resolution. Mayor Chiaverotti also wanted to point out that this building is a big improvement for the site. Commissioner Bartlett made a motion to approve Resolution PC 016-2020. Commissioner Buckmaster seconded. Motion passed unanimously. RESOLUTION PC 017-2020 Recommendation to Common Council to amend Chapter 400 of the Municipal Code Sections 400-15, 400-17, 400-29, 400-31, 400-42, 400-62, 400-76, 400-159, 400-166, 400-181, 400-190, 400-193, 400-216. Associate Planner Fahl provided a synopsis of the Zoning Code amendments including the following: - Allowing for the reuse of existing barns for event/wedding venues as a Conditional Use Grant. - Allowing scoreboards with design flexibility with Plan Commission approval including sponsorship space. - Allowing goats and sheep as livestock with clarification of how the number of livestock/fowl are counted. - Remove hobby farms from the code - Amend who reviews variances of new houses in relation to groundwater. - Reducing the required parking stall size to 9' x 18' - Amend who approves more than one residence on a lot - Adding section of code to ensure all restrictions are followed on plats - Addressing lights in windows of businesses to mimic the lighting standards - Removed inaccurate text in the monument sign definition - Amended the process of the appointed aldermanic representative to match state statutes. Plan Commission Minutes 3/3/2020 6:00:00 PM 5 Commissioner Buckmaster questions why the City is changing the way the aldermanic representative is changing to being appointed by the Mayor rather than the Council. Mayor Chiaverotti stated that this is to match the state statutes. Commissioner Bartlett asked about the high ground water table being changed to be in front of the Public Works & Safety Committee. Mayor Chiaverotti responded that the groundwater is an engineering aspect. Associate Planner Fahl added that every house is required to have a groundwater test completed and results of that test is reviewed by the engineering staff. This amendment applies to any variance to the building being closer to the groundwater. Alderman Kubacki added a comment from the Public Hearing and adding a table for the number of livestock. Associate Planner Fahl explained that the City of Muskego ordinance is simplified as livestock rather than many different categories and is explained in the paragraph being added so a table most likely would not be needed. Alderman Kubacki made a motion to approve Resolution PC 017-2020. Commissioner Bartlett seconded. Motion passed unanimously. MISCELLANEOUS BUSINESS April 2020 Plan Commission Meeting Date The April Plan Commission will be held on Thursday, April 2, 2020 to accommodate elections. ADJOURNMENT Commissioner Bartlett made a motion to adjourn. Commissioner Oliver seconded. Motion passed unanimously. Respectfully Submitted, Aaron Fahl Associate Planner