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PCm20200402APPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES r� I, Ccv of 04/02/2020 6:00 PM SKEGO Online Meeting This meeting will not be held at Muskego City Hall. This is in efforts to protect the health of the public, City leaders and staff due to the fact that the City of Muskego has declared a state of emergency as a result of the COVID-19 virus pandemic. The Plan Commission meeting will however be available to the public for live streaming via the City of Muskego channel at www.youtube.com. Any comments which the public wishes to make regarding an item on the Plan Commission agenda may be communicated to the city via email at citizen commentsa-)_cityofmuskego.org and they be directed to the Mayor and members of the Plan Commission. Any email comments for the Plan Commission must be received by 5:30 PM on the date of the meeting. Interested parties may also participate in the meeting directly by downloading the ZOOM app located at http://zoom.us and utilize this unique ID to join: 459-812-527. 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 Present: Mayor Chiaverotti, Alderman Kubacki Commissioners Oliver, Bartlett, Graf, Jacques, Planner Trzebiatowski. Absent: Commissioner Buckmaster. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES CONSENT BUSINESS RESOLUTION PC 019-2020 Approval of a Building, Site and Operation Plan Amendment for Luckys at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. RESOLUTION PC 020-2020 Approval of a Two -Lot Certified Survey Map for Brian and Gail James located at W150 S8234 Harvest Court / Tax Key No. 2214.996.019. Commissioner Jacques made a motion to approve the consent business engross. Alderman Kubacki seconded. Motion to approve passed unanimously. Plan Commission Minutes 4/2/2020 6:00:00 PM NEW BUSINESS FOR CONSIDERATION 2 RESOLUTION PC 023-2020 Recommendation to Common Council to Rezone a property from A-1 Agricultural District to RC-1- Country Residence District for PEGARL LLP. along Crowbar Drive / Tax Key No. 2283.999.004. Planner Trzebiatowski provided an explanation of the process of this rezoning being reviewed by the Plan Commission prior to the Common Council since to the public hearing was cancelled due to unforeseen circumstances. The public hearing will be rescheduled for May and if there are any comments it will be brought back to the Plan Commission. However, having the Plan Commission review the rezoning petition on schedule would keep the rezoning process moving forward. The submittal shows a land division that would be applied for if the rezoning is approved. The rezoning does meet the density of the Comprehensive Plan. Commissioner Jacques made a motion to approve Resolution PC 023-2020. Alderman Kubacki seconded. Motion passed unanimously. RESOLUTION PC 024-2020 Approval of a Building, Site and Operation Plan Amendment and Recommendation to Common Council for a Zoning Amendment to PD-42 for the Will Rose Apartments located along Janesville Road / Tax Key Nos. 2198.160.001, 2198.160.002, 2198.160.003 and 2198.160.004. Planner Trzebiatowski provided an overview of the project. The applicant has previously gone through a non -substantial change review in order to adjust the number of residential units in the two buildings from 50 and 40 to 51 and 39 residential units keeping the total number of residential units consistent. Construction for the 51 unit building is under construction and they are asking for an increase in units in the second building from 39 to 45 residential units. The additional units will increase the building footprint slightly and then the conversion of two -bedroom units to one -bedroom units will provide the space for the additional one -bedroom units. The second aspect of the rezoning is to reduce the building setback from 40 feet to 30 feet to match the first building. This also allows area for both the indoor and outdoor parking. Originally the Planned Development zoning allowed for 90 units without utilizing any of the ten percent density bonus as allowed under the Planned Development Zoning Districts. The request is for a seven percent density bonus, not the full ten percent bonus that could be requested. The changes to the second building are very small in the overall plan as requested as an amendment to the Building, Site and Operation Plan amendment. Architecturally, the changes will match the architecture of the first building. Mayor Chiaverotti clarified that the Council looks at the unit changes and the increase in density and the setbacks. The Plan Commission reviews the overall building appearance. Confirmed by Planner Trzebiatowski. Commissioner Oliver says that six additional one -bedroom units will conceivably have two people living in the units and with an additional 10-foot setback there will be additional parking needed. Planner Trzebiatowski explained that they will be adding several underground parking stalls along with more surface parking stalls with slightly moving the building. Overall the ratio of parking to residential units will increase from 2.2 to 2.28 parking stalls per unit. Plan Commission Minutes 4/2/2020 6:00:00 PM Commissioner Oliver asked about guest parking. Planner Trzebiatowski explained the documentation that was submitted compared to their other projects, which shows the development in Muskego has more parking per unit than what their other developments have needed. Commissioner Graf asked what is meant by a bonus. Planner Trzebiatowski explained that a bonus is allowed by Code for Planned Development Districts and the City will look at the overall benefit of the unique project. In traditional zoning 40 units per building wouldn't be allowed, but this is a unique project and the City will look at will this project benefit the City as a whole and is truly discretionary by the Council. Commissioner Jacques made a motion to approve Resolution PC 024-2020. Commissioner Graf seconded. Motion passed unanimously. RESOLUTION PC 025-2020 Approval of a Building, Site and Operation Plan for a Two - Family Residential Structure located on Lot 16 of Northfield Green Subdivision / Tax Key No. 2172.026. Planner Trzebiatowski provided an overview of the condominium development near Moorland Road. The architectural review is based on the Moorland Road South Design Guide with Prairie/Craftsman style architecture and the masonry requirements. Staff reviewed this building with the past buildings for masonry percentage and character. It was found that comparing this proposal to previous buildings that this building has more character and masonry than the past buildings. Staff also found that additional landscaping is needed in the rear of the site as it backs up to and is highly visible from Janesville Road. Commissioner Jacques made a motion to approve Resolution PC 025-2020. Commissioner Oliver seconded. Motion passed unanimously. MISCELLANEOUS BUSINESS Annual Review Discussion Discussion of further restrictions/penalties for habitual offenders of Building, Site and Operations Plans Annual Reviews. Planner Trzebiatowski began the discussion with an overview of mechanisms to keep violators more accountable year round whether it be more reviews in front of the Plan Commission or random inspections that may result in citations to ensure that habitual offences will cease. This could be based on a direction by the Plan Commission. Mayor Chiaverotti mentioned that the teeth will be in fines and this is what the Plan Commission has been asking for. Commissioner Oliver agrees that quarterly or semi-annual reviews with a penalty will make the owners more accountable to the rules they are supposed to be following. Alderman Kubacki is also in favor of periodic reviews for repeat offenders. Planner Trzebiatowski explained that this doesn't have to be formal Resolution, but a direction provided by Plan Commission. This is only up for discussion due to chronic violators of the Annual Reviews. The idea would be that if we inspect the property of habitual offenders and everything looks good a follow-up inspection wouldn't be needed until the following year. Plan Commission Minutes 4/2/2020 6:00:00 PM Commissioner Jacques is in favor. 4 Planner Trzebiatowski asked for a duration of the periodic reviews. Commissioners agreed quarterly and then if it looks good the whole time the following year would move to semi- annual. Planner Trzebiatowski asked if violators should be cited immediately. Commissioners agreed they should be cited right away. Planner Trzebiatowski then questioned when we start the new inspection policy. To avoid any surprises and to be fair a letter will be sent letting all annual reviews explaining the new policy. Then start right away or during the next cycle of annual reviews. Commissioner Graf agreed advanced warning of a more rigid inspection. Commissioners agreed inspections to start right away. Mayor Chiaverotti would like a motion to make sure everyone is clear. Commissioner Bartlett asked for motion to be amended to clarify for inspections to only include those that have had past violations. Commissioner Oliver clarified that this is not a warning letter, but an acknowledgement letter of what the process will be moving forward and habitual offenders will be fined. Alderman Kubacki makes a motion to start quarterly reviews with fines for noncompliance for properties that have violations from the past yearly review. Commissioner Jacques seconded. Motion amended to include the process will start right away on a quarterly basis with fines for offenders after an initial letter is sent to all yearly reviews notifying them of the policy change but will only apply to habitual violators. Motion passed unanimously. ADJOURNMENT Commissioner Jaques made a motion to adjourn. Commissioner Graf seconded. Motion passed unanimously. Respectfully Submitted, Aaron Fahl Associate Planner