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Plan Commission Minutes 12062022 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 12/06/2022 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:04 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL & cz� 0/- SKEGO Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Graf and Oliver and Planner Fahl. Absent: Commissioner Buckmaster and Gazzana. 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 1, 2022 Plan Commission meeting. Alderman Madden made a motion to approve the November 1, 2022 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 070-2022 Approval of a Building, Site and Operation Plan Amendment for Dish Wireless, LLC. located at W182 S8200 Racine Avenue / Tax Key No. 2221.993. Alderman Madden made a motion to approve Consent Business. Commissioner Graf seconded. Motion to defer 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. Alderman Madden made a motion to defer Resolution PC 056-2021. Commissioner Bartlett seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 067-2022 Recommendation to Common Council to amend the Zoning Map from RSE-Suburban Estate District to PD-Planned Development and 2020 Comprehensive Plan of the City of Muskego from Low Density Residential to Medium Density Residential for the Kirkland Crossing East Development for the property located at S63 W16875 College Avenue / Tax Key No. 2170.994.002. Planner Fahl provided an overview of the development. This rezoning and 2020 Comprehensive Plan Amendment are proposed on a property located immediately east of the Kirkland Crossing Subdivision that has already been rezoned and 2020 Comprehensive Plan for the Kirkland Crossing development. The petitioner is seeking the rezoning from the RSE District to the same Planned Development District that was approved for the Kirkland Crossing subdivision. This development has direct access to College Avenue and extends south where an internal road will line up with the internal road of Kirkland Crossing road and then extend east to the abutting properties. The property to be rezoned is 24.43 acres and 30 lots for a density of 1.23 units per acre. There is no density bonus being requested. As part of the Planned Development District the same waivers would apply including lot width reduction on specific lots, building setback and offset reductions, and open space requirements. Similar to the Kirkland Crossing rezoning, the sewer study that was completed showed that this development would be able to be served via gravity public sewer. A public hearing was held in front of the Common Council and comments included the traffic, schools and the changes in Muskego pertaining to wildlife. Commissioner Bartlett is abstaining from Plan Commission discussion as a neighboring property owner. Commissioner Graf recognizes that the County has responsibility for traffic patterns and traffic on College Avenue. We need to recognize that the way this lays out, it gives clean access to the middle, or eastern section of the original subdivision. Traffic on College moves quick and there is a blind corner. Mayor Petfalski noted that the County hasn't done anything related to studies at this point about the traffic on College Avenue. Mayor Petfalski agrees with Commissioner Graf and if this was a city road we would need to plan for improvements, but this is a county road. This is something the County will need to work on with not only this development but other developments as well. Jeremy Bartlett, as a resident, appreciates the comments on the traffic with the hill and corner. Paths and walkways are needed with future development rather than shifting the burden onto the taxpayers and with the new Park and Rec plan it will provide guidance for the Plan Commission and Common Council. Mr. Bartlett asked about the street name. He also confirmed that utility connections extending to adjacent properties within the roadway. Mr. Bartlett would also like to have some involvement or speak to engineering regarding the storm water pond adjacent to his property as there is standing water in everyone's yards and just wants to be sure that storm water will not be added onto his or his neighbors' properties. Alderman Madden made a motion to approve Resolution PC 067-2022. Commissioner Graf seconded Motion to approve passed unanimously, Commissioner Bartlett abstained. RESOLUTION PC 068-2022 Approval of a Preliminary Plat for the Kirkland Crossing East Development for the property located at S63 W16875 College Avenue / Tax Key No. 2170.994.002. Planner Fahl provided additional detail of the development including 30 lots and 5 outlots. Lot sizes range from 20,020 to 36,012 square feet exceeding the minimum lot size. The outlots will be preserved and used for storm water management and woodland preservation. The access point as previously mentioned must be approved by the County and with the internal network of streets, the sewer and water will also be extended to the neighboring developable properties as required. Since the packets were created it was discussed with the petitioner that a note on the preliminary plat indicates that an access easement would be vacated, but now the petitioner may not vacate the easement. Since there is no requirement that the easement has to be removed, if the developer chooses to leave the easement the Resolution could be amended to allow the easement to remain as long as all terms in the recorded easements and agreements are met. Additionally, if the easement remains one of the lots would be deemed unbuildable and must be changed to an outlot unless the lot lines can be shifted to accommodate a suitable building pad. Lastly, this is not an addition to Kirkland Crossing subdivision and potentially could be buildable on its own although likely not feasible. Mayor Petfalski asked if this was built separately, would it meet the safety standards for the length of road and number of lots. The petitioner noted that due to the location of the sewer connection, this would not be constructed before the Kirkland Crossing subdivision. Alderman Madden made a motion to approve Resolution PC 068-2022. Commissioner Graf seconded. Alderman Madden made a motion to amend Resolution PC 068-2022 to state that if the developer leaves the access easement subject, to meeting all existing recorded easement/agreement terms, and be it further resolved, if the easement remains and Lot 30 becomes unbuildable it must be changed to an outlot during the technical review process unless the drive is shifted and a suitable building pad is available. Commissioner Graf seconded. Motion to amend Resolution PC 068-2022 passed unanimously, Commissioner Bartlett abstained. Motion to approve Amended Resolution PC 068-2022 passed unanimously, Commissioner Bartlett abstained. RESOLUTION PC 069-2022 Approval of a Building, Site and Operations Plan Amendment for Dish Wireless, LLC. located at S108 W17044 Loomis Road / Tax Key No. 2295.996.006. Planner Fahl provided an explanation that this is a co -location with the ground equipment being located on a 5' x 7' platform where the City of Muskego code requires the equipment to be located within a structure. Based on federal legislation, which supersedes the local codes, adding antennas to the tower and adding equipment near the base of the tower is not considered a substantial change. Therefore, the City cannot require the equipment be placed within a building but can encourage the petitioner to place the ground equipment in a building. Commissioner Graf noted that there is a building there now, so it's the equipment is the size such that it cannot be put inside. Planner Fahl noted that may be correct or that it may be another carrier's structure. Alderman Madden made a motion to approve Resolution PC 069-2022. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS None ADJOURNMENT Alderman Madden made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner