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Plan Commission Minutes 06072022 ApprovedCITY OF MUSKEGO PLAN COMMISSION MINUTES 06/07/2022 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 \ I t�Cryof �USKEGO Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf, Gazzana and Oliver Planner Trzebiatowski. Absent: None. 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 May 3, 2022 meeting. Commissioner Gazzana made a motion to approve the May 3, 2022 minutes. Alderman Madden seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance for the purpose of allowing a mini -storage facility located along North Cape Road and south of Loomis Drive / Tax Key No. 2259.981.002. Planner Trzebiatowski explained the proposed storage facility project in the southeast corner of the City. The owner of this property also owns the property to the north that includes storage units. A Conditional Use Grant is required for a storage facility in this Zoning District. The proposal is for five new storage buildings totaling approximately 28,000 square feet of building space with 109 units of varying sizes. There will not be an office use on this site as the office portion of the business would take place on the property to the north. The property is governed by the Durham Hill Design Guide and General Design Guide, which generally require 50 percent masonry and four-sided architecture. Typically, this would apply to any sides of the buildings that are visible from any roadway or property within the City. With multiple buildings the architecture towards the inside of the site is not as important as it is not visible. The most prominent sides are facing south, north and west toward North Cape Road. The masonry on the most prominent building, the western side of building 2, is proposed at approximately 27 percent masonry, or stone wainscoting. Due to the elevation changes, there is an exposed concrete foundation wall that is not shown as being covered with masonry to match the wainscoting and staff recommends the stone be lowered to grade which would increase the overall masonry percentage. The remainder of the building is metal paneling. There are a few windows, minimal overhangs and cupulas to provide a more residential feel along with a large sign on the upper portion of the wall. The interior facing buildings that will not be seen are all metal buildings with large areas of doorways. As far as the site, staff is recommending curb and gutter be added to the locations where curbs are not shown. A decorative metal fencing is also shown as a security feature. The landscaping is focused on the west side of building 2 and additional plantings will be needed to break up the long expansive building. Brian Fisher, representing the petitioner, noted they are here to answer questions. With no additional comments, Mayor Petfalski closed the public hearing. CONSENT BUSINESS RESOLUTION PC 040-2022 Approval of a Two -Lot Certified Survey Map for Robert and Jessica Kleugard on behalf of Joan Kohne located at W200 S7203 Williams Drive / Tax Key No. 2190.999.001. RESOLUTION PC 042-2022 Approval of the sale of Fireworks for TNT Fireworks located in the Walmart parking lot / Tax Key No. 2169.999.003. RESOLUTION PC 043-2022 Approval of the sale of Fireworks for TNT Fireworks located in the Pick n Save parking lot / Tax Key No. 2199.999.065. RESOLUTION PC 049-2022 Approval of a Right -of -Way vacation for Bryon Hrin of Hrin Investments located at Madyson Court south of Parker Drive. Alderman Madden made a motion to approve the consent business engross. Commissioner Oliver seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 038-2022 Approval of a Building, Site and Operation Plan and Conditional Use Grant for Robert & Christine Arend of North Cape Real Estate, LLC. located on North Cape Road and south of Loomis Road / Tax Key No. 2259.981.002. Mayor Petfalski noted that this agenda item was the subject of the Public Hearing. Commissioner Graf asked if there was fencing that surrounded the site. Planner Trzebiatowski said that buildings kind of plank the property but there is a location on the northwest corner of the site that has some fencing that bumps out between two buildings and near the entrance. Commissioner Buckmaster asked about the B-4 District and whether a CUG is needed. Planner Trzebiatowski noted that this is an allowed use with a CUG. Commissioner Bartlett asked if moving forward if there are slight changes, if staff could take care of this rather than coming back for approval. Commissioner Bartlett also sees a possible change due to the site layout and distance between buildings. Planner Trzebiatowski confirmed. Commissioner Bartlett also said that the Plan Commission is pretty consistent with the masonry and feels as though the masonry percentage should be continue being consistent. Planner Trzebiatowski added that staff also feels as though there should be more masonry but is looking for the Plan Commission direction. If the brick height was increased, it should be consistent with the other buildings on -site and more specifically the sides of the building that already have masonry. Brian Fisher noted that they went with this design to match the wainscot of the existing buildings on the property to the north. The existing buildings are due for painting and would be painted to match this building. This building has a rural look and typical barns or farm sheds do not have fifty percent masonry, and masonry is normally at foundation height. These buildings are above foundation height and that level is more rural character than fifty percent masonry and didn't look right to the petitioner. If raising the masonry, a little to the bottom of the window height or a little higher to have the windows break up the brick line may make sense, but still wouldn't be at fifty percent. Adding 50 percent masonry would take away from the rural look. Additionally, the foundation will be poured concrete below the stone. The petitioner will add additional landscaping as requested. Commissioner Gazzana thought the buildings look very nice considering the use, but can you see through the windows or are they faux windows. Brian Fisher said they will not be actual vision glass in the space for security reasons. Planner Trzebiatowski asked the petitioner if the foundation would be painted or colored concrete. Brian Fisher responded that the foundation would be painted. Mayor Petfalski added that the stone veneer can be utilized here and encourages the Plan Commission to not settle for a painted foundation. Mayor Petfalski noted that he believes the Plan Commission should stick with the Design Guide. No issues with storage units, but wants them to look good. The building looks long and straight and would like to see something like dormers or something to break the flat elevation. Commissioner Buckmaster asked if this is B-4 is there RCE anywhere around here. Planner Trzebiatowski explained there are storage units in the vicinity. Planner Trzebiatowski asked if the roof pitch was a product of the construction type or a design aesthetic. Brian Fisher said that the major reason is that in self -storage you go with a metal roof because it is maintenance free. If it is any steeper than this there is avalanching that occurs and gutters are ripped off with the freeze/thaw and then it is a maintenance nightmare. This is steeper than usual and typically they prefer one pitch away from the asphalt. Commissioner Bartlett noted that the Plan Commission is not looking for 4-sided architecture with masonry, but areas visible from the street could have masonry up to the bottom of the windows or maybe patterns to break up the masonry. Brian Fisher added that taller masonry columns would not fit in with the area, but could bring the masonry up to or past the windows to break the long line of masonry with additional landscaping. Commissioner Graf said that he is not as concerned with the height of the masonry as he would be about the different facings toward the road. His opinion is to carry the masonry to the ground level and break it up between the windows with landscaping. Commissioner Bartlett said we just need a justification so they are fair to all applications. It is just odd to have the masonry stopped eight inches below the window sill. Brian Fisher mentioned that they could drop the windows lower. Planner Trzebiatowski asked whether this would be keeping the masonry at three feet as the masonry needs improvements. Commissioner Bartlett said definitely lowering the masonry over the foundation walls. Mayor Petfalski would rather the masonry come up to the window rather than lowering the window to the masonry. Planner Trzebiatowski added that raising the masonry past the window sill would break up the long line. Commissioner Graf asked for the percentage of masonry proposed. Planner Trzebiatowski said 27 percent and adding masonry to the lowered foundation walls would raise the masonry percentage. Commissioner Graf thought the masonry should be raised above the window sill height and adding foliage will help. Commissioner Buckmaster would support that. Planner Trzebiatowski went over his notes for an amended resolution to include: raising the masonry above the window sill height, add landscaping between the windows and lower the masonry veneer over the foundation walls to grade to any sides that currently has masonry. Alderman Madden made a motion to approve Resolution PC 038-2022. Commissioner Graf seconded. Commissioner Bartlett made a motion to amend Resolution PC 038-2022 per Planner Trzebiatowski's notes. Commissioner Graf seconded. Motion to amend Resolution PC 038-2022 passed unanimously. Motion to approve amended Resolution PC 038-2022 passed unanimously. RESOLUTION PC 039-2022 Approval of a Building, Site and Operation Plan for the Tailspin Bar located at S64 W 18295 Martin Drive / Tax Key No. 2174.189. Planner Trzebiatowski explained the proposal for the outdoor seating operations. The outdoor seating area was approved last year and the Plan Commission was underwhelmed with the plan and was more temporary based and wanted a permanent scenario. They have completed some improvements and they are proposing brick columns around the fence posts providing more of a presence along with a second improvement of a blue band around the upper portion of the building matching the signage. Due to the continued outdoor music and if there are any neighbor concerns, this would need to come back to the Plan Commission to resolve the situation. There is a banner that also needs to be removed. Brian Leair, S64 W18322 Martin Drive, spoke and wanted to make the Plan Commission aware that last year there were 20 outdoor concerts in 17.5 weeks. These are exceptionally loud in a residential neighborhood. He is trying to work with Tailspin and they had a concert recently where the owners said they would monitor the noise and turn down the amplification, which was not done. His point is that this is a residential neighborhood and their business is selling drinks, not being an outdoor music venue. This infringes on the use of his house and there are other neighbors, who are not there. Planner Trzebiatowski made a note that this establishment is under single family residential zoning, but has been grandfathered. There is a Conditional Use Grant so it is legal to be there, but it is a residential area. Mayor Petfalski has always thought that if you buy a house next to a bar, you will likely get some noise, however but these neighbors bought next to a bar not an outside concert. Regardless, he will have a discussion with the owner that you could spend the money on this, but your outdoor music may be limited in the future. Commissioner Gazzana asked if they must be permitted for an outdoor music venue. Mayor Petfalski explained that they apply for an extension of their premise for the liquor license and an outdoor dance permit for the music. These are approved through June and will be coming back to renew the liquor and premise starting in June to start July 1. Commissioner Buckmaster said because it is a Conditional Use Grant then the Plan Commission approved this at some point. Planner Trzebiatowski added that it was likely given a CUG when Muskego became a City based on the date, but nothing like a CUG approval today. Commissioner Buckmaster said that Plan Commission has no instrument to enforce removing the CUG. Planner Trzebiatowski said the Plan Commission does not have that ability, but can decide on an expansion of their use. Commissioner Bartlett confirmed that the Plan Commission is not approving the outdoor music, but rather expanding the outside use. Alderman Madden asked if the Plan Commission can restrict hours so the music can't go past certain hours. Planner Trzebiatowski said it is very difficult to measure volume levels. Mayor Petfalski is aware of the situation and tried to get the parties together to work something out and at this point everything hasn't been resolved. Mr. Leair, added that they tried to work together as he needs to leave his house while the concerts are going on. Mayor Petfalski said that the Plan Commission could say no outdoor music, but would rather bring this back in September/October as this will be discussed more with Council and this gives the neighbors a bit more time to work this out. Not comfortable closing the door completely. But this give the Council an opportunity to weigh in. Planner Trzebiatowski also noted that the good thing with live music, there is a volume that can be turned down. Commissioner Oliver asked that they were approved until the end of June because the neighbor mentioned that they have concerts booked all summer. Mayor Petfalski said that he was sure they are booked out through summer. Mayor Petfalski noted that the petitioner may not be willing to put investment into the outside area if there is a chance that it could be temporary. Commissioner Buckmaster also said that it is good and that there are various bodies that have different responsibilities. Planner Trzebiatowski noted that even if they just wanted the outside area for eating and drinking that they still needed to make improvements to the outside. Commissioner Oliver said any accent to the building is an enhancement. Commissioner Graf said anything is better than nothing. Planner Trzebiatowski noted that covering the gravel with concrete, which cleaned it up and Mayor Petfalski said that the wood fence is definitely a step up from what was there. Commissioner Bartlett asked about the sketch where it notes the trash can as labeled. It doesn't mention an enclosure. Planner Trzebiatowski noted that they cannot just place a dumpster there, but rather just a garbage can. Commissioner Gazzana asked if it was possible if the band area was relocated in a certain direction the noise wouldn't be as bad. Mayor Petfalski noted that that change would direct the noise directly at the residents house. Commissioner Bartlett made a motion to approve Resolution PC 039-2022. Commissioner Buckmaster seconded. Commissioner Buckmaster made a motion to amend Resolution PC 039-2022 to come back in October for reconsideration for the outside music use. Alderman Madden seconded. Motion to amend Resolution PC 039-2022 passed unanimously. Motion to approve amended Resolution PC 039-2022 passed unanimously. RESOLUTION PC 041-2022 Approval of a Building, Site and Operation Plan Amendment for St. Leonard's Congregation located at W173 S7743 Westwood Drive / Tax Key No. 2196.945. Planner Trzebiatowski proved an overview of the columbarium. It will be located on the north -central portion of the property near the outdoor altar. There would be an octagon shaped structure in the middle with six additional rectangular shaped structures around the center structure with 12" x 12" niches for ashes. This would be a phased plan and constructed as needed. As noted in the resolution, typically BSO approvals are good for two years, but in this case the Plan Commission is approving the entire project. Mayor Petfalski asked what happens to the columbarium if the church is closed, moved, or consolidated. The petitioner said that the state requires a 25% perpetual care fund, so it will always be taken care of if something were to happen in the future. The petitioner added that it is a great opportunity for the City as this is not only open to parishioners, but also for anyone in the community. Commissioner Gazzana asked how the in -perpetuity care is funded. The petitioner said that 25% of the proceeds go into the fund per state statute. Commissioner Graf asked how many total niches there were. The petitioner stated 442 at completion, but it will be phased. Commissioner Graf asked if there were plans to grow more than 442 niches and the petitioner was unsure. Alderman Madden made a motion to approve Resolution PC 041-2022. Commissioner Bartlett seconded. Motion to approve passed unanimously. RESOLUTION PC 044-2022 Approval of a Certified Survey Map for David Helm on behalf of Joyce Switala located at S77 W 15973 Woods Road / Tax Key No. 2200.094.001. Planner Trzebiatowski proved an overview of the Certified Survey Map. This is a straight forward CSM with a single twist. The unique issue with this Certified Survey Map is Lot 2 with the lot being approximately 95% floodplain. FEMA and the DNR have been working on revising the floodplains which the draft maps show that the amount of floodplains on this property is significantly reduced. Regardless staff recommends labeling this as an outlot and unbuildable at the current time. The petitioner said he does have interest in selling Lot 1 and would like to build on Lot 2 at some point but is aware of the current floodplains and the study that is currently underway to mitigate this study. Alderman Madden made a motion to approve Resolution PC 044-2022. Commissioner Buckmaster seconded. Motion to approve passed unanimously. RESOLUTION PC 045-2022 Approval of a Building, Site and Operation Plan Amendment for Opal Fuels on behalf of GFL Muskego located at W144 S6350 College Court / Tax Key No. 2165.998.014. Planner Trzebiatowski said that this is for a CNG (Compressed Natural Gas) refueling station having at least 45 trucks converted to run on natural gas. The site currently is a mass area of trucks and dumpsters and this will require GFL to tidy up their site. Initially staff recommended paving similar to all non-residential sites, but this would not a financially feasible with the large trucks. The eastern side is the gas preparation areas and then piped to the western side to the different bays for refueling overnight. Alderman Madden made a motion to approve Resolution PC 045-2022. Commissioner Bartlett seconded. Motion to approve passed unanimously. RESOLUTION PC 046-2022 Approval of a Building, Site and Operation Plan Amendment for Joe Coyle, Agent for Dish Wireless, LLC. located at W144 S6731 Tess Corners Drive / Tax Key No. 2168.982. Planner Trzebiatowski explained this is a co -location, which is an additional antenna on an existing tower. Due to federal and state law changes the approval process has changed and is more streamlined. The ordinance requires analysis so the structure can hold the new antennas and then that the ground equipment must be housed within a single structure at the base of the site. The equipment is located within the structure and there is an electrical generator panel that will be mounted outside of the masonry wall. Commissioner Graf made a motion to approve Resolution PC 046-2022. Commissioner Buckmaster seconded. Motion to approve passed unanimously. RESOLUTION PC 047-2022 Approval of a Building, Site and Operation Plan Amendment for Pop's Kettle Corn located at S79 W18907 Janesville Road Unit 2 / Tax Key No. 2225.987.004. Planner Trzebiatowski explained that Pops Kettle Corn purchased space within the multi -tenant building just west of Racine Avenue. The front of the building is where AutoZone is located and Pops purchased the rear portion and part of that they need to get equipment and product in and out of the building. To do that the petitioner is requesting approval for an aluminum garage door being installed in the front of the building. Staff concern is aesthetic being the front of the building. The proposal includes painting the door to match the adjacent wall right away for a year. At the one-year mark the petitioner would come back and the Plan Commission can say that it looks OK, or the petitioner discussed painting a sign on the door in lieu of a wall sign, or as staff has recommended a glass door to match the remainder of the building. Alderman Madden made a motion to approve Resolution PC 047-2022. Commissioner Oliver seconded. Motion to approve passed unanimously. RESOLUTION PC 048-2022 Approval of a Sign Permit Application for Sign Effectz, Inc. on behalf of the Muskego-Norway School District located at W183 S8750 Racine Avenue / Tax Key No. 2242.999 Planner Trzebiatowski explained that anytime there is a sign that doesn't necessarily meet the sign code that the Plan Commission review is needed for determination. What the petitioner is requesting is for the school to be able to commemorate their championships with bowl effect my mounting the feature on top of the press box. The original sign was a standard roof sign, so an idea was created to extend the press box wall taller to mount the wall sign to the wall. The sign as proposed has a backer board made with corrugated metal similar to what is used on the press boxes and then mounted to the top of the press box. The signage itself is then mounted to the front of the backer board. Three topics of discussion would include the height allowance since this would be a wall, but he Plan Commission can grant a waiver for height for certain items. Then is this a wall sign or a roof sign. Additionally, the `laces' portion of the sign extends above what is being called the wall and the Plan Commission may grant a waiver for this as well. There are three questions for discussion which include 1 Is this a wall sign or a roof sign; then 2 is it ok for the backer feature or wall to exceed the maximum height and then 3 can the top of the sign extend above the wall feature. Commissioner Buckmaster said it is a wall sign, yes, and yes. Commissioner Gazzana said the lace part of it makes it attractive opposed to a box rectangular sign. Mayor Petfalski added that many of the school stadium projects do not fit within the code so updates to the code should be tackled to make the Plan Commission job easier. Planner Trzebiatowski added that maybe an athletic complex section be added to the code. Commissioner Graf asked how the sign will be lit. A representative for the sign company noted that it will be internally lit channel letters. Alderman Madden made a motion to approve Resolution PC 048-2022. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana Oliver seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner