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Plan Commission Minutes 06062023 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES Cry of 06/ 6:0USKEGO 6:00 PMM 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 Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Gazzana and Graf and Planner Trzebiatowski. Absent: Commissioners Oliver, 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 May 2, 2023 meeting. Alderman Kubacki made a motion to approve the May 2, 2023 minutes. Commissioner Gazzana 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 existing accessory structures to be deemed Rustic Structures on the Hrin property located at S99 W20523 Parker Drive / Tax Key No. 2280.999.021. Planner Trzebiatowski provided an overview of the proposed Conditional Use Grant. The petitioner is requesting that two of the existing barns on his property be deemed a Rustic Structure. As part of a recent land division for seven total lots, six new lots and the seventh being the existing farmhouse and farm buildings. The main barn consists of four attached buildings and is 8,223 square feet and the garage/grain house is 656 square feet are being considered for Rustic Structure status. The eastern barn is 3,797 square feet and a 319 square foot shed are also on the property. The total accessory structures on the site is currently 12,995 square feet. Based on the size of the new lot being 4.8 acres using the 2% limit, the petitioner would be allowed 4,196 square feet of accessory structures exceeding the total allowable square footage of accessory structures by 8,798.8 square feet. The petitioner is asking for the first two buildings being the main barn and the grain house be deemed Rustic Structures. There is a provision in the Code that allows for a rustic structure designation to preserve old barns within the City if they are in good condition. The petitioner brought the request before the Parks and Conservation Committee in April and they voted 4-1 in favor of deeming the two buildings rustic structures. There have been a few buildings designated as Rustic Structures in the past. The building inspectors have visited the structures recently and found that overall the buildings do seem safe with no structural concerns, but just a few minor issues that would need to be addressed. Herald De Back, W198 S10955-57 Racine Ave., stated that he's been in Muskego for 92 years old and believes the barn in is excellent condition and is used for agriculture and is needed to keep family agriculture operation in Muskego. It helps the community remember what made the city so great. The property is kept looking good. It would be a sin to make someone tear a barn down that is in excellent condition. George Petropoulos, S102 W20540 Kelsey Drive, would like the Plan Commission to not grant the Rustic Structure status. Bryon has known from the beginning that he was over on square footage of accessory structures. He lives behind this property and continues to farm his property. He heard the farmer is no longer going to be using this property. He and several of the neighbors are opposed to this. The farm is updated and is not historical. There are other farms and barns in better condition in the City. He is not against farming as he farms. He feels deeply that this should be denied and not allowed to stay. Rules are rules. He has a 4,000 sq. ft. outbuilding and followed the rules. It is not fair or right. Everyone should need to follow the rules. Looking at the whole project, with ten new lots which could be 10 pole barns and then the farm. Would much rather keep the farm than the houses. If the petitioner wants to keep the farm that way then get rid of a couple lots. If the rule is 2% than keep the 2% rule for everyone. Otherwise, he will come back to the Plan Commission to break the rules. Vance Sormankiewicz, S98 W20760 Parker Drive, Live across the street from the property. Moved out to the area as they like the farm feel. They have a smaller lot and wake up and see the barn every day. Has been in the barn and has seen the large timbers. He and his family don't see a reason to tear the barn down with the condition the barn is in. Seems well kept. Dale Butenhof, S98 W20620 Parker Drive, Lives directly across the street from the barns. When they moved in two years ago and like the farm feel country living -type atmosphere. The barns give them that and like looking at them. They have no problem with the barns being there. Butch Haita, S98 W21184 Parker Drive, Believes the barns are in excellent condition and would be a sin to tear them down. Barns like that are far and few between. He grew up in front of a farm and always dreamed of owning a barn like that with animals. Bryon takes care of the buildings and property and thinks the barn should stay. Doesn't believe people have the right to judge people by what they have and if he wants the barns he should have them. It also adds to the rural area. Planner Trzebiatowski noted that there was a list of signatures received from the applicant of people in favor. Bryon Hrin, S99 W20523 Parker Drive, He is the petitioner and owns the barns. He cares very much about his property and the history of the property. The barn shows the history of agriculture and dairy cows. There including the stanchions, grain houses, old milk house, new milk house, grain house. They all tell the story. If you take half of them down it rips apart the story. He has done everything he can since he's been there. The past Mayor Salentine grew up on the farm. When he bought the farm the barns needed some work. The barns will be used for agriculture. The barns are all in functional condition. When the inspectors were there, he told them about a couple rotted boards. Hoping he can put new wood on it. The big barn has a new roof and continues to improve the barns when possible. It is over the square footage and when it goes into rustic structure category it has historical significance. The past owner shared many stories with the petitioner providing history of the farm. The buildings are over the limit and he understands the 2% rule and when they are rustic structures, they should be allowed to be over the limit, but if the buildings qualify and there is good reasoning. It shows the materials being used, the original wood is there. There are actual tree trunks split in half with from the 1800's with the bark still there. That portion of the barn there are no nails as it is all dowels and pins. Once it is down it is gone. He would like his daughter or son to take over and use the buildings. The buildings are strong, decent, show the historic value and they have the historic materials and believes they qualify for rustic structures. There is the one big barn, but all the pieces tell the story. Public Hearing closed at 6:23 pm. CONSENT BUSINESS RESOLUTION PC 041-2023 Approval of the sale of Fireworks for TNT Fireworks at Wal- Mart located at W 159 S6530 Moorland Road / Tax Key No. 2169.999.003. RESOLUTION PC 042-2023 Approval of the sale of Fireworks for TNT Fireworks at Pick-n- Save located at S74 W 17005 Janesville Road / Tax Key No. 2199.999.065. RESOLUTION PC 043-2023 Approval of a third Accessory Structure for Trevor Bach located at W 182 S6578 Garnet Drive / Tax Key No. 2174.948.001. RESOLUTION PC 044-2023 Approval of a Metal Accessory Building for Ronald Graham located at W 156 S7984 Audrey Court / Tax Key No. 2217.999.010. Commissioner Bartlett made a motion to approve the consent business engross. Alderman Kubacki seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 033-2023 Approval of a Rustic Structure designation for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.021. Planner Trzebiatowski noted that rustic structure is subjective and the Plan Commission must decide if the definition is met. Options could be approving as proposed being the two rustic structures and two non -rustic structures, an option of a hybrid being some rustic some not rustic or any other option the Plan Commission finds. Alderman Kubacki said his understanding is that rustic structures have been over the 2% rule, but historically rustic structures were approved that were over only a fractional amount. Planner Trzebiatowski did not have exact numbers, but recalled they were not hundreds of percent over and maybe a few percent. Also, past due diligence prior to the Park and Conservation meeting he recalled that maybe it would have been only the rustic structure without any more accessory structures being over the 2% and being approved. And another case where there was a small accessory structure and the building to be deemed rustic structure put the number over 2%. This is the first case being recalled where there are multiple buildings being asked to be rustic structure and multiple buildings remaining. The code does not limit the number of buildings being deemed rustic structure. Alderman Kubacki then asked that when the property was divided, he was aware at that time that there was an excess amount of buildings on this site. Planner Trzebiatowski confirmed that from when the land was divided he knew that he had one year to either remove the buildings or try to have the rustic structure designation approved. Alderman Kubacki asked how many lots were created. Planner Trzebiatowski said seven lots recently with six new buildable lots and four more roughly ten years ago, but the same property that the petitioner owned. Alderman Kubacki said that rather than this being a farm parcel, this is a subdivision with large lots. Commissioner Gazzana then said if the buildings are razed, there could still be ten outbuildings and ten homes. Planner Trzebiatowski said that there are seven vacant lots and they could each have a house with associated outbuilding. Commissioner Gazzana then asked if the buildings are deemed rustic structure there could still be the houses and outbulidings. Planner Trzebiatowski confirmed that any rustic structure designation does not affect the other lots. Commissioner Graf asked if each of the new lots were adjacent to this property. Commissioner Graf said that there was a huge assumption made at that point made. He had two choices to either gain advantage for the buildings or remove them. So he was fully aware of that scenario when he subdivided the property. He has really exercised the decision at that point to maximize the number of lots to sell rather than retaining 14 acres and guaranteeing the buildings can stay regardless of the Plan Commission decision. So he was putting the buildings up for grabs at that point and now he wants a statement from the Plan Commission later. He loves the old styles and architecture. The City is not going to appreciate one way or another how the buildings were built, unless it is a museum piece no one will know. It is great it is still a functioning farm and its great that they are maintained but ultimately, it is not a farm anymore and they are outbuildings. Alderman Kubacki said he could see exceeding the guidelines by 20-25%, but this seems excessive. Commissioner Gazzana noted that there are 39 signatures of effected people that would like to see the buildings up in the community and that says a lot. He is in the building trade and only does new stuff and likes to see older buildings and so do 39 other people. Alderman Kubacki understands that but also looks at the history and the buildings were on the line when the decision was made to subdivide the property. Mayor Petfalski and Planner Trzebiatowski went through all of the buildings on the property. Mayor Petfalski asked if the two being asked to keep by right if they were newer than the other buildings. Planner Trzebiatowski deciphered the request as to which buildings are being requested rustic structure designation and which buildings are just being left as allowed by right. Mayor Petfalski said that he does not like tearing down old barns as there are not new barns being built and likes the history of them. He understands the compactness and choices made on this lot. Kind of wondering the two that are allowed by right, 1967 is not historic. Alderman Kubacki also said that the main barn is not the old building that was once built. It is a newer building now. Alderman Kubacki asked if this was brought into compliance, which buildings could remain. Planner Trzebiatowski said that if the rustic structure designation was not granted, the property would be allowed a maximum of 4,196 square feet, or essentially the two structures allowed by right that combine to be just over 4,100 square feet. The petitioner could choose which buildings or portions of buildings with a maximum of 4,196 square feet. Alderman Kubacki noted that these buildings will not become tourist attractions. Because that parcel has been broken into several lots, what is the use of the buildings. Are they going to be storage units? Planner Trzebiatowski noted that in the Resolution the buildings cannot be used for any business use or business storage. Mayor Petfalski confirmed that this is a Conditional Use that is permanent. Planner Trzebiatowski said that there could be an annual review, which has been done on a other rustic structures because there was some work that needed to be completed. Because it is a Conditional Use, there can be reasonable conditions placed on the approval. Commissioner Graf discussed the photos in the packet. He asked what it is used for now. The petitioner said there are cows in there now. There are also some personal belongings stored in there also. Commissioner Gazzana said that he doesn't see this as a tourist attraction. Thinks it does add to the culture of the community. Commissioner Graf asked if there was a sign or anything to state that the barn was built in 1890. Asked the petitioner if there is anything that prevents the petitioner from doing that. The petitioner said he would love to do something like that. Commissioner Graf likes the architecture. The petitioner has to sell the idea to the Plan Commission but if he took his son to see the barn he wouldn't understand or know about the history of the building. How would anyone know? Petitioner Hrin said he would love to show it. Commissioner Bartlett said he is on the fence. He understands the historic preservation part but there hasn't been a very strong plan presented regarded what the historic preservation and long-term plan will be more than that it's an old barn and wants to keep it. If it was an agri-hood it would be a cool use. An agri-hood is a residential subdivision built around a mini -farm. There is one in Mukwonago and thinks the residents in Muskego would support. The barns would be on an outlot for the rest of the development. Right now, he would definitely want to put timeline contingencies and with barns degrading thinks there and 15 or 20-years down the road and the complaints starts. Leaning towards needing a better plan or strong contingencies. Mayor Petfalski said the historical significance is gone but new barns are not being built. There are way too many outbuildings on the property overall. Could be sold on keeping the barn but getting rid of the other structures. Agrees with timeframes. As an example, there is a feed store that has been bought that has brought a rodent problem. The Conditional Use goes with the property so the Commission has to look long term for the next property owner as well. Commissioner Graf proposed an option to defer and ask the petitioner to come back with a new plan since the square footage is over by so much. Also, he should show in some way some historical significance so everyone can agree that the Commission is saving an old building with posterity recognized for the City. Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf seconded. Commissioner Graf made a motion to defer Resolution. Commissioner Gazzana seconded. Resolution PC 033-2023 was deferred unanimously. RESOLUTION PC 034-2023 Recommendation to Common Council to amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego for PJs Trucking 2, LLC. located at S99 W12707 Loomis Drive / Tax Key No. 2260.998.002. Planner Trzebiatowski noted that this was in front of the Common Council last meeting for a public hearing to change the zoning from a commercial zoning to a light industrial zoning for a trucking site. The trucking will be behind Durham Hill Nursery and it will be a gravel area for truck parking. While this area isn't zoned for industrial it has been planned for industrial uses near the landfill. They will have proper stormwater and there is an area shown for possible outdoor products being asphalt or gravel with a limit to the height. Everything is pretty hidden behind the nursery. There is a future building for truck maintenance. but that will need separate approvals. There is a berm shown that we would like to see some landscaping. Also, if the adjacent field were to be developed, there will need to be some landscaping included on this site, but screening a field at this point doesn't make much sense. Alderman Kubacki made a motion to approve Resolution PC 034-2023. Commissioner Graf seconded. Resolution PC 034-2023 passed unanimously. RESOLUTION PC 035-2023 Approval of a Building, Site and Operation Plan for PJs Trucking 2, LLC. located at S99 W12707 Loomis Drive / Tax Key No. 2260.998.002. Alderman Kubacki made a motion to approve Resolution PC 035-2023. Commissioner Graf seconded. Resolution PC 035-2023 passed unanimously. RESOLUTION PC 036-2023 Recommendation to Common Council to amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego for Burback Builders for the Iron Oaks Villas proposed condominium development located on vacant land west of Country Club Lane / Tax Key No. 2258.996.006. Planner Trzebiatowski provided an overview. The rezoning is currently split zoning between RM-1 Multi - Family Residential District and B-4 Highway Business District. The request is to rezone to a Planned Development based on the RM-3, which is the least intense multi -family district. The Comprehensive Plan is being amended from high density residential and commercial to medium density residential. The planned development allows for flexibility with zoning requests. The current petition is requesting a 30-foot setback rather than a 40-foot setback which will minimize the impact to the higher priority conservation areas, being the wooded area. There are 18 units in nine buildings and well under the density limit. There was a public hearing on May 23rd. Comments included the proximity of the golf course and balls hitting houses, which would be required to be tempered glass. Next was a question about a land transfer, but that is being resolved by the purchasers of the property, but this would have no impact on the rezoning. There was a question related to drainage issues, which has been brought to the attention of the City engineer and will be investigated further. All stormwater from this site would be directed to a detention pond. As far as the road construction, as this is a newly created roadway with the first lift of asphalt, but not the second yet. The sewer will be in the roadway. There was concern about keeping the roadway open as this is the only public road and the road would need to stay open as the City couldn't force traffic onto private roads through the other condo development. The water line could be outside the roadway. There were concerns regarding tree removal and a suggestion to create a frontage road so there aren't as many driveways on the road and keep a tree -lined look along the public road. The concern is if the goal is tree preservation there would be clearing for the driveways as well as a second roadway. Another concern was parking. Each of the units would have a driveway with more than ample parking with on -street and off-street parking. Public Works could address parking concerns later if there is an issue. Another concern was HOA rules of the adjacent condo association and if their condo rules would be the same, but the City does not control the HOA rules. The architecture of the buildings was reviewed at a conceptual discussion and the Plan Commission was receptive to the idea with additional masonry on the front and sides of the buildings. Alderman Kubacki has no problem with the rezoning or Comp Plan, but unlike other City streets there is a golf course and is worried about the driveways and the development to the east. The golf course is busy and has banquet facilities. Planner Trzebiatowski noted that this road would be comparable to other City streets. If parking would become an issue, that would be addressed at that time. Mayor Petfalski wouldn't support parking on the road and understands concern with driveways. Commissioner Graf asked about sight lines. Would the Plan Commission have any overview as to sight lines with the driveways and tree cover. Planner Trzebiatowski noted that the bulk of the front of the buildings would likely be cleared due to building pads, driveways, water and sewer laterals and grading. The predominant preservation is behind the buildings. Commissioner Graf has concern with the driveways and sight line issues. Mayor Petfalski noted that this is down -zoning the property as the current zoning would allow much more dense development. Alderman Kubacki asked that the surface water issues will be addressed. Planner Trzebiatowski noted this was discussed with Scott Kroeger and he had not heard any issues with the storm water. Commissioner Bartlett has no issues. He was previously concerned with the masonry, which has been addressed. Commissioner Graf made a motion to approve Resolution PC 036-2023. Alderman Kubacki seconded. Resolution PC 036-2023 passed unanimously. RESOLUTION PC 037-2023 Approval of a Building, Site and Operation Plan for Burback Builders for the Iron Oaks Villas Condominiums located on a vacant property west of Country Club Lane / Tax Key No. 2258.996.006. Alderman Kubacki made a motion to approve Resolution PC 037-2023. Commissioner Graf seconded. Resolution PC 037-2023 passed unanimously. RESOLUTION PC 038-2023 Recommendation to Common Council to Rezone one property from B-2 Local Service Center District and three properties from RS-2 Suburban Residence District to PD-45 Inpro Planned Development District and Approval of a Building, Site and Operation Plan for Inpro Corporation located at S80 W19025 Janesville Road, S79 W18997 Janesville Road, S79 W18975 Janesville Road and S79 W18953 Janesville Road / Tax Key Nos. 2225.984, 2225.985, 2225.999.014 and 2225.986. Planner Trzebiatowski provided an overview of the project. This is for four lots owned by Inpro along Janesville Road. The purpose of the rezoning to start is for parking for employees for an addition to the building to the south. They are planning on keeping the Wisco Carts and two of the homes for now. The house east of Wisco Carts would be removed. They are working with the County for access. The parking lot will be curbed on the sides without future expansions. Stormwater management will be included on the far southeast portion. The second phase is to remove the other buildings and build a larger building and parking lot. Commissioner Bartlett asked about the timing of the project. At this time two houses stay and this will be one Planned Development lot. Planner Trzebiatowski noted that the next agenda item is for a Certified Survey Map to combine all of the lots into one lot and dedicate the proper right-of-way. Additionally, the trail segment that is not there but as part of the parking lot development the trail will be required to be extended. Commissioner Graf made a motion to approve Resolution PC 038-2023. Alderman Kubacki seconded. Resolution PC 038-2023 passed unanimously. RESOLUTION PC 039-2023 Approval of a Certified Survey Map for Inpro Corporation located at S80 W 19025 Janesville Road, S79 W 18997 Janesville Road, S79 W 18975 Janesville Road and S79 W 18953 Janesville Road / Tax Key Nos. 2225.984, 2225.985, 2225.999.014 and 2225.986. Planner Trzebiatowski noted they are combining the lots into one single lot. Alderman Kubacki made a motion to approve Resolution PC 039-2023. Commissioner Graf seconded. Resolution PC 039-2023 passed unanimously. RESOLUTION PC 040-2023 Approval of a Building, Site and Operation Plan for Inpro Corporation located at S80 W 18766 Apollo Drive / Tax Key No. 2225.090. Planner Trzebiatowski explained this is for the warehouse addition to the existing building. They are looking to add 18,000 square feet to the north side of the western -most building. As for the design it will look like the existing building. There are some changes to docks and dock doors which will mirror what is already there. They are losing parking stalls, which is part of the reason for the parking lot to the north and adding a few additional surface stalls to the north. There is a one-way drive, which requires 12-foot width. There are a couple awnings on the north side of the building. Originally, the plans showed a concrete curb on the north edge of the drive but the petitioner has noted that curbing was not intended to be there. Consistent with all other projects when the driveways or parking areas are being reconstructed, we require concrete curb and gutter. As for the dumpsters facing the road, they are being relocated and the Resolution states that a wall feature or landscaping screen from Janesville Road. There is also a note about a transformer being relocated and the Resolution also states that wherever the transformer is relocated to must also include screening. All lighting must meet City requirements. An easement is located where the building addition is proposed and prior to reviewing building plans, written proof that the easement is removed or vacated. Ken Cray representing the developer. There are a couple items that they would like to ask for a waiver. First is the curb and gutter along the drive area. Currently there is not curb and gutter and it would seem not essential except from an aesthetic standpoint. Second is the screening. These are compactors that are fully sealed and not open dumpsters. Additionally, there is a grade difference between the two properties that will provide some natural screening. They tried to strategically locate the compactors. Alderman Kubacki asked for a location of the compactors. Planner Trzebiatowski noted that they are in the back corner and the screening would be from the north side. The parking lot plan shows tree clearing also so if there is a clear view from Janesville Road, some landscaping would be a minimal request. Mayor Petfalski asked what the main concern is. The petitioner noted that it would just be unnecessary. Commissioner Graf asked if they would be accessible from anyone on the bike path. Planner Trzebiatowski noted they would be trespassing. They would be no more accessible than they are now. The petitioner noted again that they are fully sealed. Craig Foust from Inpro said they strategically put them there to screen from driveways and the request to eliminate the screening is for the dump trucks maneuvering back in that section. They would be wide open to the idea of adding screening if necessary once complete to ensure the compactors aren't visible. The power is being moved four feet and would be screened by the compactors. Mayor Petfalski is more concerned with a truck backing up and maneuvering with the beeping being heard by neighbors. He is good with waiting to see if this is an eyesore to Janesville Road. Craig Foust also noted the forgiveness for the curb is only for this site not the new parking lot. Commissioner Bartlett noted that screening is reasonable but the curbing would be consistent with other projects. Planner Trzebiatowski noted that curbing isn't always storm water related. Commissioner Graf asked for the elevation between the trail and driveway. The trail is higher in elevation. Commissioner Bartlett added for discussion that this is already not curbed and the amendment would be to allow it to remain without curb. Alderman Kubacki made a motion to approve Resolution PC 040-2023. Commissioner Bartlett seconded. Commissioner Graf made a motion to amend Resolution PC 040-2023 to not require curbing on the north side of the building. Motion to amend Resolution PC 040-2023 passed unanimously. Commissioner Graf made a motion to amend Resolution PC 040-2023 to require screening as necessary. Motion to amend Resolution PC 040-2023 passed unanimously. Twice amended Resolution PC 040-2023 passed unanimously. MISCELLANEOUS BUSINESS There will not be a July meeting. ADJOURNMENT Alderman Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner