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PCm20191203CITY OF MUSKEGO PLAN COMMISSION MINUTES 12/03/2019 6:00 PM Muskego City Hall, Council Chambers, 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 or ISKEGO Present: Mayor Chiaverotti, Alderman Kubacki, Commissioners Oliver, Jacques, Bartlett, Buckmaster, Graf and 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 November 5, 2019 meeting. Commissioner Jacques made a motion to approve the minutes of the November 5, 2019 meeting. Alderman Kubacki seconded. Motion passed unanimously. PUBLIC HEARING Public Hearing for Bill & Jennifer Balcerzak requesting a Conditional Use Grant for the purpose of allowing a residence on the same property as a business within a Commercial Zoning District. Planner Trzebiatowski provided an overview of the proposal being a house in the front with commercial buildings in the rear. Because the house was vacant for more than a year the house loses the grandfather status. In the B-2 Zoning District a residential use is allowed in the same building as a business via the Conditional Use Grant process. This proposal is similar being a residential use on the same property as a business. This application is the most appropriate fit in applying the Zoning Code since both of the uses were already there. With no comments, Mayor Chiaverotti closed the public hearing. CONSENT BUSINESS Plan Commission Minutes 12/3/2019 6:00:00 PM RESOLUTION PC 066-2019 Approval of a second Accessory Structure for Jon Urbanek & Sara Kipczynski located at W213 S7764 Annes Way / Tax Key No. 2187.006. RESOLUTION PC 069-2019 Approval of a Two -Lot Certified Survey Map for John Jewell located at W196 S7307 Hillendale Drive / Tax Key No. 2190.994.001. RESOLUTION PC 072-2019 Approval of a Two -Lot Certified Survey Map for Howard Schneider and Adam Kapusta located at W 186 S6850 Jewel Crest Drive and W 187 S6866 Jewel Crest Drive / Tax Key Nos. 2174.029, 2174.030 & 2174.031. Commissioner Buckmaster made a motion to approve the consent business engross. Commissioner Jacques seconded. Motion passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 067-2019 Recommendation to Council to rezone a property from B-3 General Business to a Planned Development District and amend the 2020 Comprehensive Plan, Approval of a Certified Survey Map and Condominium Plat for Home Path Financial located at S76 W 17501 Janesville Road / Tax Key No. 2196.958.004. Planner Trzebiatowski provided an overview of the project. The developer is proposing to rezone the property, formerly approved as the Ingold property. The application now is similar to the old proposal except they seek to add one building for a total of 18 units in nine side -by -side townhouse condos. The previous approval was approved contingent upon site plan and architectural approval, which was never proceeded with. As for the land use amendment, the property is currently planned entirely for commercial use and the applicant is looking to amend the plan to medium density residential with a small commercial outlot adjacent to the existing commercial along Janesville Road. The Medium Density Residential land use matches the existing neighborhood allowing up to 2.99 units per acre. This proposal is within the density allowance. At Plan Commission, this agenda item is a recommendation to the Common Council. The Ordinance at Council will also have the rezoning and 2020 Comprehensive Plan Amendment contingent upon approval of a Building, Site and Operation Plan from the Plan Commission. A Certified Survey Map is also included that separates the small commercial outlot from the remainder of the property and dedicates the right-of-way. A Public Hearing was held at Common Council on Tuesday, November 26, 2019 where two residents spoke. Concerns included the following: • Not in favor of any Planned Development District • Property should remain in RS-3 Zoning • Not fair to shoehorn this project in the existing RS-3 area • Should be large lots • Concerns about development not controlling its own runoff • Thought traffic should not be sent to Janesville Road, but to Westwood Drive • Wanted to see plans Regarding the stormwater, preliminary stormwater plans have been provided and are being reviewed by the Engineering Department. Stormwater management is being accounted for on the property as shown on the plans per the DNR and MMSD requirements. Public Comments/Concerns presented: • Debra Bolton, W186 S7543 Kinston Drive Plan Commission Minutes 12/3/2019 6:00:00 PM o Not opposed to multifamily, but development should adhere to RS-3 Zoning including greenspace requirements. o Spoke of another development and recent storm events and issues regarding the stormwater runoff. o The Plan Commission does have the power to not approve this just because it is requested. o Ensure open space, offsets are met from original zoning, which may reduce the number of buildings from nine to seven. o Janesville is wider than everyone expected and the County would have purchased the land in the first place if they knew it was going to be widened. o Stormwater retention ponds aren't what they are cracked up to be and are subject to the performance of the landscaping plan. o Just because a developer is asking for rezoning doesn't mean the Plan Commission needs to say yes. o Just looking for restrictions of RS-3 as far as footprints and offsets. Alan Stuller, W173 S7715 Westwood Drive o Kids have played in the area because it is open. o Keep the space open, make it a park. o Would like to know what changed since the last approval, why the original developers didn't build. o Please keep additional traffic off of Westwood Drive. Robert Bliese, S77 W17458 St. Leonards Drive o Concerned with the retaining walls and the purpose of them. o Has significant amount of water running from hill into their back yards. A neighbor had to have a dry well installed due to runoff from the hill. o The area shown as retention ponds used to be a wetlands. This used to drain across St. Leonards into a creek that has standing water. o The retaining walls will protect the condos not the neighbors. o Has always been B-3 (RS-3) and would like to keep it single family homes. This development is too tight, too small and too much traffic. o Going to tear down the elementary school for low income elderly housing with apartment complexes which will have massive traffic impacts on Janesville Road. Darlene Bliese, S77 W17458 St. Leonards Drive o Against rezoning for all reasons presented in last four years. Casey Fischer, S77 W 17436 St. Leonards Drive o Opposed to this plan, would like to see this as single family homes. o Many people are tired of living near condos and apartments and moved to Muskego to be in a single family neighborhood. o Scared that his property will need a dry well and the retaining wall does not appear to dispose of water as it needed. Brittany Fischer, S77 W 17436 St. Leonards Drive o Already have a ton of flooding and standing water issues in their backyard. o Moved from Bay View due to all the development and now Muskego will be pushing them away with all the development. o Would be a beautiful area for kids to play. o Condos are going up everywhere and eventually there will not be people left to fill them. o The condos that are being built now are not full, so why build more. o Would be great for single family housing. Jack Albert, S77 W17530 St. Leonards Drive o Need to make sure development blends in with single family neighborhood. Plan Commission Minutes 4 12/3/2019 6:00:00 PM o Concerned that multifamily living attracts lower income or something that devalues their property. o This proposal is the best that he has heard, but not sure they can hold on for single-family. o Would like it to stay undeveloped, but that is not reality. o Concerned with changing if all trees are taken down and flooding is deviated into their neighborhood. Gary Kierzek, S77 W 17482 St. Leonards Drive o The Ingold property was previously zoned floodplain. o If developed, be sure it is developed correctly. o Looking at an overview it looks like a lot of building in a small space. Homes look good, but not much property around that allows for drainage. o Would like it developed like Kristen Down went with a lot of space around the buildings rather than placing the most living area for the most profit. o Not opposed to development, but just wants it done correctly. Pablo Brandenburg, W173 S7691 Westwood Drive o Concerned about the water drainage. o Putting too many units in the property and could cause problems for the community. o Would like better analysis of drainage of water before making a decision. Mayor Chiaverotti noted everyone is aware of the water issues that exist. Plans have been submitted to the engineering and must meet DNR and MMSD requirements. Adam Trzebiatowski followed up on some concerns including: • As for what has changed, the Ingold family had ties to the property and previous development was difficult to complete while incorporating the existing house. • Driveway to Westwood. This proposal does not include access to Westwood. Access must meet Waukesha County standards. • Pond area used to be wetlands. A DNR certified company studied this area and certified that there are no legal wetlands. There may be low areas, but that does not make it a wetland. • Previously mapped as floodplain. Floodplains are typically adjacent to navigable waterways and lakes which are not present in this situation. Issues like low areas or drainage issues should be fixed as part of this and the stormwater management. Stormwater management should allow the water to leave the site slower and cleaner than prior to development. Commissioner Buckmaster asked when the Plan Commission has approved something like this. In the past, the Plan Commission did say no to developments like this because it does not fit the existing zoning. Even if single family house was put there, there would be the same issues with water and drainage with maybe less control than with a PD zoning. He will have a hard time saying yes with the number of neighbors that came to the meeting. Absent any real reason other than this is the best idea because it sat vacant he is not in favor of this proposal. Commissioner Graf agreed with Commissioner Buckmaster. Additionally, if you look at the greater area there are many single family homes and now shoehorning duplexes into the area because it is the first opportunity for development on the property may not be right. So, he cannot agree with this proposal. Mayor Chiaverotti noted that this property was previously rezoned for a very similar development so there may be a need for a clear reason that this does not work. Plan Commission Minutes 12/3/2019 6:00:00 PM Alderman Kubacki said there is a definite water issue in the area. Doing nothing does not resolve the water issue. If there is a single family development you may be able to fit 11 or 12 buildings in the area. He does not like the idea of an additional building that was approved previously. Two separate developers have come in with condominium developments. Commissioner Oliver confirmed this has always been private property. There are other condominiums throughout the City abutting residential property. He has concerns with this being approved in prior Commissions and seven or eight buildings would make more sense for density. Nobody had a right to use that land before as it was not a park. Wetlands and drainage issues would be solved with the review of the engineering department. Density is an issue because it has changed. He is against the nine buildings, but there is a way to get to the end result for everyone. Commissioner Jacques understands the existing house came down and they are adding another unit. She also confirms the property that will be commercial and the plan is to sell that area to the adjacent neighbor for parking and access. She thinks everything looks to crunched together, so would be in favor of one less building. Commissioner Bartlett requested confirmation of the lot size. Planner Trzebiatowski explained in a Planned Development the entire lot including the road is used for density calculations as described in the Ordinance and has been used in other developments throughout the City. Commissioner Bartlett says it does look crowded because the roadway and the small piece being removed for commercial which must be considered. Plan Commission previously approved sixteen units and he would still support that density if one building was removed from this proposal to keep the density the same. Alderman Kubacki said that the Plan Commission needs a compelling reason to not approve this proposal as it was approved in the past. Commissioner Jacques made a motion to approve Resolution PC 067-2019. Alderman Kubacki seconded. Alderman Kubacki made a motion to amend Resolution PC 067-2019 to reduce the number of units to sixteen. Commissioner Oliver seconded. Motion to amend Resolution 067-2019 passed 5-2 with Commissioners Graf and Buckmaster voting nay. Motion to approve amended Resolution 067-2019 passed 5-2 with Commissioners Graf and Buckmaster voting nay. RESOLUTION PC 068-2019 Approval of a Certified Survey Map near St. Leonards Drive for Home Path Financial located at S76 W 17501 Janesville Road / Tax Key No. 2196.958.004. Planner Trzebiatowski explained this has nothing to do with the density, but only there for a possible water main extension. Alderman Kubacki made a motion to approve Resolution PC 068-2019. Commissioner Graf seconded. Motion passed unanimously. RESOLUTION PC 070-2019 Approval of a Conditional Use Grant for Bill & Jennifer Balcerzak located at S64 W13896 Janesville Road / Tax Key No. 2162.994. Plan Commission Minutes 12/3/2019 6:00:00 PM Planner Trzebiatowski explained that this item is of the Public Hearing was for allowing the house to remain and used as it has for many years on the property with the buildings in the rear continuing to be used for commercial uses. Alderman Kubacki made a motion to approve Resolution PC 070-2019. Commissioner Buckmaster seconded. Motion passed unanimously. RESOLUTION PC 071-2019 Approval of a Building, Site and Operations Plan Amendment for Eagle Park Brewing Company located at S64 W 15620 Commerce Center Parkway / Tax Key No. 2166.997.003. Planner Trzebiatowski explained that the previous approval for this brewery included two grain silos. The new grain silo is not needed at this time. The second silo was for spent grains between pickups. The applicant has worked out an agreement for a local vendor to pick up the spent grains every two to three days so they are asking to house the spent grains in a covered trailer rather than a grain silo. Because of the short amount of time the spent grains will be on -site, the proximity of residential uses and the smaller volume of spent grains there should be no odor issues. Commissioner Buckmaster made a motion to approve Resolution PC 071-2019. Commissioner Jacques seconded. Motion passed unanimously. MISCELLANEOUS BUSINESS Nothing at this time. ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Graf seconded. Motion passed unanimously. Respectfully Submitted, Aaron Fahl Associate Planner