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PCm20201109CITY OF MUSKEGO PLAN COMMISSION MINUTES 11 /09/2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL APPROVED ue c4 W ISKEGO Present: Mayor Petfalski, Alderman Kubacki Commissioners Oliver and Gazzana, Planner Trzebiatowski. Absent: Commissioners Bartlett, Buckmaster and Graf. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes of the October 6, 2020 meeting. Alderman Kubacki made a motion to approve the October 6, 2020 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 066-2020 Approval of a Building, Site and Operation Plan Amendment for Danny Haskells located at W171 S7260 Lannon Drive / Tax Key No. 2198.001. RESOLUTION PC 068-2020 Approval of a Three -Lot Certified Survey Map for Lynn Kurer located at W143 S7980 Durham Drive / Tax Key No. 2213.999. RESOLUTION PC 074-2020 Approval of a Mother -in -Law Unit for the Kuzminski property located at S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104. Alderman Kubacki made a motion to approve the consent business engross. Commissioner Oliver seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 064-2020 Recommendation to Common Council for a Comprehensive Plan Amendment and Plan Commission approval of a Two -Lot Certified Survey Map for Plan Commission Minutes 2 11/9/2020 6:00:00 PM Mark & Lynda Troeger located at S110 W21050 South Denoon Road / Tax Key No. 2284.971. Planner Trzebiatowski provided an overview of the land division. A conceptual land division was discussed at a previous Plan Commission meeting. Two waivers are being requested being right-of-way access and reduction in frontage since there is no direct access to the right-of-way. Both of these requirements can be waived by the Plan Commission and Council. The existing access easement will be used. Alderman Kubacki mentioned that residents already use the easement and the road is well maintained, so it is not an issue. Planner Trzebiatowski also further explained if someone wanted to propose a land division and install a new easement, the code would not recommend and this is a lot within a grouping of existing lots and the easement is already there and used by those residents. Alderman Kubacki made a motion to approve Resolution PC 064-2020. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 065-2020 Recommendation to Common Council to amend Sections 392- 22, 392-23, 392-24, and 400-31 of the Municipal Code. Planner Trzebiatowski provided an explanation of the proposed Code changes including a datum change requested by the GIS/IT department. The second change related to the Code, specifically to the groundwater separations so any variance would be reviewed by the Public Works & Safety Committee who would provide a recommendation to the Common Council. Alderman Kubacki made a motion to approve Resolution PC 065-2020. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 067-2020 Approval of a Building, Site and Operation Plan Amendment for SJ Louis located at the corner of College Avenue and Racine Avenue / Tax Key No. 2177.996. Planner Trzebiatowski explained the temporary use of storing products, materials, equipment and trucks as part of the Waukesha water construction project. The temporary use would be for two years. Staff is recommending that any area that will be used for storage or parking or any area with disruption of soils be covered with gravel. Proper soil erosion measures will be required. They are working with Waukesha County for Racine Avenue access. Alderman Kubacki made a motion to approve Resolution PC 067-2020. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 069-2020 Approval of a Four -Lot Certified Survey Map for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. Planner Trzebiatowski provided an overview of the land division along with the next two land division applications as they are further divisions of the first. Madysen Court must be built out to City Standards. Due to the change in the cul-de-sac bulb a separate right-of-way vacation process must be completed. Storm water management must be accounted for which on the third CSM is shown in the southeastern corner of the development. All of the Plan Commission Minutes 11/9/2020 6:00:00 PM 3 lots appear to meet the land division ordinance pending the completion of the technical review. One area of concern is the number and size of the outbuildings. As the lots are split off of the original lot, the lot becomes too small to support the size and number of the outbuildings. The applicant is aware and has noted that he may apply for a rustic structure status for these buildings or the buildings will need to be removed. Access will be to Madysen Court or Parker Drive for the new lots. Alderman Kubacki asked if the lots on Madyson Court meet the appropriate width requirements. Planner Trzebiatowski said they do meet the width requirements on a cul-de- sac. Alderman Kubacki asked for clarification of the wetland area in the southeast corner will be for stormwater. Planner Trzebiatowski said that the lot will be for stormwater and will need to be labeled an outlot. Alderman Kubacki confirmed that this lot will be unbuildable, Planner Trzebiatowski agreed and there will be notes for stormwater purposes and wetland protection only. Alderman Kubacki made a motion to approve Resolution PC 069-2020. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 070-2020 Approval of a second Four -Lot Certified Survey Map for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. RESOLUTION PC 071-2020 Approval of a Two -Lot Certified Survey Map for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014. Alderman Kubacki made a motion to approve Resolution PC 070-2020 and Resolution PC 071-2020 together. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 072-2020 Approval of a Building, Site and Operation Plan Amendment for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No. 2198.984.006. Planner Trzebiatowski provided an overview of the new restaurant at the old Arby's site. As part of the request is for the changes to the building. Phase I is mostly just painting the building. Phase II includes an overhaul of the building including an outdoor seating area towards Janesville Road. They are also asking to be able to park their custard trailer in a parking stall during the summer months. The trailer would not be stored on -site. The store would be open 10:00 AM to 11:00 PM for lunch and dinner and want the option to be able to open at 7:00 AM for an added breakfast menu. Architectural changes would include repainting, covering the existing masonry in the front with a distressed wood wrap and galvanized canopies. As a result, the percentage of masonry on the front of the store drops from near 100% to zero percent. On the remainder of the building the corners would be wrapped in the same wood product. Access will remain largely the same with a slight widening of the drive thru aisle. Further plans and survey will be needed to confirm zoning requirements. The existing dumpster enclosure will remain and should be the same color as the building. Landscaping beds are being re -used. While Arby's was there several street trees were removed and those trees must be replaced. Conceptual signage has been reviewed. A lighting plan was included and several lights will be covered by a galvanized shroud. There are some lights in the front Plan Commission Minutes 11/9/2020 6:00:00 PM 4 of the building and patio that are shown with a visible light source. Typically, this is not allowed as lights are to be zero degree tilt and full cut-off. On a past project the Plan Commission has allowed similar fixtures, but with an etched or frosted glass that would conceal the light source. Commissioner Gazzana asked if there is a shared access at the southeast portion of the site. Planner Trzebiatowski confirmed that there is a shared access and being on a county highway the County controls all access points. Alderman Kubacki asked if the existing columns are brick. Planner Trzebiatowski said they were. Alderman Kubacki asked if the columns would remain brick or change to wood. The applicant stated that the corners would be wrapped in distressed wood as well as the two columns bordering the door in front. The three columns on the sides would remain brick and painted grey. Between the columns will be red brick. Alderman Kubacki noted that there will be a significant amount of brick. Alderman Kubacki also noted that he likes the accents. Alderman Kubacki made a motion to approve Resolution PC 072-2020. Commissioner Oliver seconded. Motion passed unanimously. RESOLUTION PC 073-2020 Approval of a Three -Lot Certified Survey Map for Dave Weiss located at W133 S8033 Northview Drive / Tax Key No. 2210.999. Planner Trzebiatowski noted that this was reviewed as a conceptual design previously. Previously there were two lots and this proposal if for three lots. The main discussion points include dedicating the proper cul-de-sac bulb and not improving the cul-de-sac. The col -de - sac bulb would be dedicated but when the land division was for two lots the Plan Commission was OK not making them improve the cul-de-sac. Now with three lots the Plan Commission should discuss again whether the improvements of the full cul-de-sac is necessary. Another point of discussion is connection any right-of-way or easement to the east. The School District does not have any plans for the land now. The ordinance does address and requires connections to the furthest extend of the development. Alderman Kubacki asked if there is access to the school from Hi -View. Mayor Petfalski said yes there is an access to Hi -View that is not built to City standards. Alderman Kubacki was confirming that Northview Drive is fully improved. Planner Trzebiatowski explained that Northview is improved but the cul-de-sac is not and when discussed for two lots at the conceptual review would not need to be improved. Mr. Weiss noted that the school already has access to its land that are currently used. Confused as to why he needs to dedicate land where the school did not. Planner Trzebiatowski said the difference is that there is a land division occurring now, where before there was not. Planner Trzebiatowski explained that the code is written to promote interconnectivity and avoid long cul-de-sacs. Mayor Petfalski would prefer a dedication or an easement that would convert to a dedication. He doesn't want to lock out the next subdivision of not having two access points. Mr. Weiss said that we have not idea what the school will do with this land and thinks it's ridiculous that he would have to give his land to them. This would essentially improve that Plan Commission Minutes 11/9/2020 6:00:00 PM 5 value of their land without even talking to the neighbors. Mayor Petfalski said that he is looking for the least evasive way but still keep options open for the future. Mr. Weiss thought that during the conceptual review it was clear that this dedication would not be needed so he proceeded this way. Planner Trzebiatowski noted that the final decision is with Common Council as this is a recommendation. This is in the Ordinance and Plan Commission is providing a recommendation to the Council. Mayor Petfalski asked Planner Trzebiatowski what the different options would be. Planner Trzebiatowski explained that there are easement options but easements are not the best options for roads as Mr. Weiss would maintain ownership and there would be an overriding right to the land, but not typically a road. An easement may be an option for an emergency access. Another option would be a dedication where Mr. Weiss gives up the land and it becomes City responsibility even if the road is never built. Another option may be a road reservation, which had been used in the past where the land is reserved for future road. Finally, its possible to put a note onto lot three that prior to any future development requires future access forcing the topic to resurface. This would likely be the least invasive as nothing happens now and is dependent upon something happening to Lot 3. Alderman Kubacki asked if the road would be located on the south lot line. Planner Trzebiatowski explained that if there was a dedication, yes it would likely be on the southern property line. If it were to wait for a future division, then there may be a plan and the road could be shifted to meet future plans. Mr. Weiss asked if he divides his lot into two, then he wouldn't need to dedicate the land. Planner Trzebiatowski explained that any land division will raise this concern. Alderman Kubacki asked if this went back to a two -lot land division, would there be a need for the road. Mayor Petfalski explained that you do need a reservation either way unless the Plan Commission recommends to waive this requirement. Alderman Kubacki asked if there are any other options other than something on the Weiss property. Mayor Petfalski brought up selling the property with deed restrictions to restrict for emergency access only. Planner Trzebiatowski mentioned using an easement if for emergency access only as you can define the easement for whatever you would like. Then in the future the easement could be vacated if it is not needed for certain. Mr. Weiss said the school could buy any other property along Hi View, not necessarily taking his land. Planner Trzebiatowski explained that the ordinance requires dedication during land division. Mayor Petfalski mentioned that if they required an easement, then if the land were developed, they would need to make the existing emergency access onto Hi View a full- fledged entrance and then the emergency access would be through the Weiss property. Alderman Kubacki noted that in fairness to the neighbors on Hi View, if the Plan Commission determines this will only be an emergency access, the Plan Commission is forcing a street to go onto Hi View with any future development. Mayor Petfalski explained that any future development will need to go through a rezoning process and public hearing so nothing is guaranteed. Plan Commission Minutes 11/9/2020 6:00:00 PM C.1 Mayor Petfalski asked what their timeframe was for the development. Mr. Weiss responded they want to break ground. Alderman Kubacki asked whether the school property extends to North Cape Road. Planner Trzebiatowski said that it does. The school has frontage on North Cape for the main access and the school is located on the eastern side of the property. The undeveloped portion of the property is what abuts the Weiss property. Alderman Kubacki asked if future development could use the existing access on North Cape Road and Hi -View for future development. Planner Trzebiatowski explained that those access points are already in and are not up to City standards for a street. Additionally, you wouldn't want a public street to go through a school parking lot. Alderman Kubacki asked if the school property can gain access through Hi View with an emergency access through the school onto North Cape or a parallel road though the school parking lot. Alderman Kubacki understands that Mr. Weiss would be creating value for the school property without getting anything for himself. If that would not work, Alderman Kubacki would want a dedication not just an easement. Mayor Petfalski would like staff to investigate further to ensure possibilities of different access points and methods to do so. Mayor recommends deferring this proposal to December to allow for additional investigation. Alderman Kubacki agrees. Alderman Kubacki made a motion to approve Resolution PC 073-2020. Commissioner Oliver seconded. Alderman Kubacki made a motion to defer this until December Plan Commission. Commissioner Oliver seconded. Motion passed unanimously. MISCELLANEOUS BUSINESS Nothing at this time. ADJOURNMENT Commissioner Gazzana made a motion to adjourn. Alderman Kubacki seconded. Motion to approve passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner