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Plan Commission Minutes 20201201CITY OF MUSKEGO PLAN COMMISSION MINUTES 12/01 /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 UNAPPROVED ue c4 W ISKEGO Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Graf and Gazzana, Planner Trzebiatowski. Absent: Commissioners Oliver and Buckmaster. 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 November 9, 2020 meeting. Alderman Kubacki made a motion to approve the November 9, 2020 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION 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 provided an overview of the Certified Survey Map discussion from November Plan Commission where staff was asked to provide options for providing access to the next property beyond this development as there is development potential. Options included a dedication to the City, an easement, which may be best for only an emergency access, a road reservation, which is like a dedication but is not used as much any longer because the reservation and dedication are so similar. The fourth option is adding a note to the CSM for lot three that any additional land divisions or development would require the Plan Commission, Common Council, and/or Public Works to review the proposal for a future road connection to the property to the east. Alderman Kubacki thought this item was deferred to find out what the school district plans were for the additional property. Planner Trzebiatowski explained that the school district does not have any specific plans. Alderman Kubacki said that kicking the can down the Plan Commission Minutes 12/1/2020 6:00:00 PM 2 road may not be the worst thing to do, but feels as though the City is handcuffed since the school district doesn't have any plans. Mayor Petfalski disagreed and the Ordinance is written for developable properties. The idea of planning is to make good decisions today for a good outcome tomorrow. There is potential for the land to be developed, which is why the ordinance is written as such, to avoid landlocked parcels or cause bad planning in the future. The idea of kicking this down the road makes the most sense at this point so everyone can see what may develop in the future. Planner Trzebiatowski explained that making the decision in the future will also avoid placing an easement or dedication in a location that doesn't make sense for anyone including Mr. Weiss or the adjacent property. Commissioner Graf asked what legally occurs to push the decision down the road for this access. Mayor Petfalski explained that once development is proposed it would trigger this decision to come back to the Plan Commission. Commissioner Graf agrees with allowing this CSM while still being able review this access again prior to future development. Planner Trzebiatowski said the CSM is typically used for notes similar to this or real estate restriction tool. Mr. Weiss prefers to have no restrictions on his property. Someone rezoned the neighboring property for a school. It is not zoned for a subdivision. Now the City is telling Mr. Weiss that he has to plan for the school's ability to sell the land off in the future. The school never provided access to him and he has developable land. Mayor Petfalski explained that if the school district were to develop the land, they would need to create a plan that would co -exist with Mr. Weiss' plan. It doesn't matter that the neighboring property is zoned institutional or agriculture, rather it has to do with the raw land that may be developable in the future. Mr. Weiss said it could be a football field, baseball diamond, or whatever. If this is similar to the other schools, the district will just hold the land, so there is no reason to add the restriction to his property for development. Lot 3 will sit now, but if the school district wants to make an offer to purchase the lot and subdivide, it will be figured out at that time. But to make Mr. Weiss put a restriction on his land he will leave it as one parcel. The only reason he changed the CSM to three lots was that he didn't know he couldn't have a deeded access to his land. He doesn't want to see cars going up and down this road and if this extension goes in cars will speed up and down the road to the school. Mr. Weiss showed a previous development approval within the City with private roads and said the school could do the same thing with private roads and one access. He doesn't understand why he potentially has to provide access to that property when the school did not provide him access when the school developed. Planner Trzebiatowski explained that if they did any road dedications, which they did not have to, access would have been brought to the forefront. Because Mr. Weiss is dividing land, access comes is an issue to discuss where the school did not split any land. Mayor Petfalski clarified that what is being discussed is what has been done many times since the ordinance was adopted. The idea is good long-term planning and putting a note on the CSM is not a detriment at this point and gives everyone the opportunity for a more informed decision if anything happens to these properties. Having more data will allow for a better decision. Plan Commission Minutes 12/1/2020 6:00:00 PM 3 Alderman Kubacki asked if the school property abuts North Cape Road. Mayor Petfalski said no, and then clarified that the school property does abut North Cape Road, but not the developable portion of the property. Alderman Kubacki said that kicking the can down the road is the easy way. The issue is that the school purchased a parcel with remnant land with no plan. Now the City is causing Mr. Weiss to enrich the school by providing the dedication or easement while also causing the people on Hi View to potentially have an increase in traffic which could result in a loss of value because the school failed to have a plan for the land. Mayor Petfalski completely disagrees since even if the school had a plan to subdivide the property the discussion would be the same with providing an access. Because Mr. Weiss is subdividing his property, that is the mechanism where the access discussion comes up. Mr. Weiss added that at least the school would need to negotiate in good faith if there is no access provided rather than already having an access to their land, which is not fair. Planner Trzebiatowski said that it is not the Mayor or anyone specifically asking for this. Rather the Ordinance, which was approved by an elected body specifically says that this should be done. Commissioner Gazzana asked if there is any overriding reason Mr. Weiss wants to subdivide the property. Mr. Weiss said that he wants to build a house for his daughter and son-in-law. A house could be built on the property as it sits now. Planner Trzebiatowski explained it would be a guesthouse. Mr. Weiss said he came in and was originally going to be two lots, but his daughter wanted to put her house on the northern side of the property, which then made three lots rather than two. Mr. Weiss wants places for his kids to build houses. The only reason there is three lots is in case his son wants to build a house. Commissioner Bartlett wanted to ask/mention that at a previous meeting the discussion was that the school needed two points of access and this would be the third. Mayor Petfalski explained that right now the developable land actually has zero access with one potential access from Hi View. Mayor Petfalski thinks the Plan Commission should wait for more data to make this decision on the access. If the ordinance was followed exactly as written a dedication would be required, but that is not what he thinks the Plan Commission should do. Mayor Petfalski said that in order to do the best possible planning which includes waiting until there is more data. Mr. Weiss said that he requested the ordinance. Planner Trzebiatowski sent three specific sections that discuss extending utilities and infrastructure to the furthest extent of the development. Commissioner Gazzana asked if there could be a sunset clause providing a date for the school district to come up with a plan. Mayor Petfalski did not think so, not cleanly. Mr. Weiss said that the cost to develop the third lot will be enormous. Planner Trzebiatowski explained that the way the Ordinance is written, Mr. Weiss should be improving the cul-de- sac and road extension while splitting his property for his daughter's house. The Plan Commission agrees that Mr. Weiss should not need to pay for all the improvements now, but rather, saying that if anything further happens on lot 3 or any future land divisions of lot 1 then the extension is needed. Mr. Weiss would prefer to simply redraw to two lots rather than three lots. Mayor Petfalski asked if Mr. Weiss is withdrawing the application. Planner Trzebiatowski said that the Plan Commission can just amend the resolution from three lots to two lots. Plan Commission Minutes 12/1/2020 6:00:00 PM 4 Commissioner Graf asked to clarify what would be lot 1 and lot 2; if lot 1 remains and lot 2 would be lots 2 and 3 of the current CSM. Mr. Weiss agreed that the new property line would be drawn from current lot 2 straight down (south) to the cul-de-sac. This still provides the option to subdivide lot 2 in the future. Planner Trzebiatowski reiterated that an amendment is needed to change the approval from three lots to two lots. Also, any future splits or construction other than the one home on the vacant lot would need to come back to Plan Commission to consider the road access to the developable land. Commissioner Gazzana asked if this is redundant. Planner Trzebiatowski said yes, but if there it would make a future buyer aware. Mayor Petfalski strongly recommends that the note should be on the CSM. Mayor Petfalski asked for a motion to amend the resolution regarding two lots rather than three and that a note will be required on the CSM that if there are any land divisions of the properties within this CSM that the cul-de-sac will need to be discussed at Plan Commission, Common Council and/or Public Works and Safety Committee to determine if the cul-de-sac must be extended and improved to City standards. Alderman Kubacki made a motion to approve Resolution PC 073-2020. Commissioner Graf seconded. Commissioner Graf made a motion to amend Resolution PC 073-2020. Commissioner Gazzana seconded. Motion to amend Resolution PC 073-2020 passed unanimously with Commissioner Bartlett abstaining. Motion to approve Amended Resolution PC 073-2020 passed unanimously with Commissioner Bartlett abstaining. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 075-2020 Approval of a three-month review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. Planner Trzebiatowski explained that the site was much better than in the past and there were a couple cars out of place. Overall, they are headed in the right direction and noted that the regular yearly review will take place in three months. Mayor Petfalski reiterated that the yearly review is in three months so there time to plan on how to address these issues. Alderman Kubacki added that the Plan Commission is supposed to be uniform throughout the City with these reviews. Alderman Kubacki made a motion to approve Resolution PC 075-2020. Commissioner Graf seconded. Motion passed unanimously. RESOLUTION PC 076-2020 Approval of a Building, Site and Operation Plan Amendment for Thomas Dahlman at Valley Green Golf Course located at W126 S9218 North Cape Road / Tax Key No. 2256.994. Planner Trzebiatowski explained that they have a permit for an outdoor patio and want to add an open-air structure with shingled roof for seating. Commissioner Bartlett made a motion to approve Resolution PC 076-2020. Alderman Kubacki seconded. Motion passed unanimously. RESOLUTION PC 077-2020 Approval of a Building, Site and Operation Plan Amendment Plan Commission Minutes 12/1/2020 6:00:00 PM 5 for Cornerstone Development for the property located along Loomis Road west of Champions Drive / Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003, and 2264.999. Planner Trzebiatowski explained this is the same as a couple months ago where they are changing two more units to accommodate three car garages rather than the two car garages. Additionally, the clubhouse will be expanded a little bit to accommodate the additional residences with the same architecture as approved initially. Alderman Kubacki made a motion to approve Resolution PC 077-2020. Commissioner Graf seconded. Motion passed unanimously. MISCELLANEOUS BUSINESS Nothing at this time. ADJOURNMENT Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to approve passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner