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Plan Commission Minutes 11072023UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 11 /07/2023 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 ne c4 of SKEGO Present: Mayor Petfalski, Alderman Kubacki, Commissioners Buckmaster, Gazzana, Bartlett, and Oliver and Planner Trzebiatowski. Absent: Commissioner Graf. 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 October 3, 2023 meeting. Alderman Kubacki made a motion to approve the October 3, 2023 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 057-2023 Approval of a Building, Site and Operation Plan for the Muskego-Norway School District located at W183 S8750 Racine Avenue / Tax Key No. 2242.999. Commissioner Buckmaster made a motion to approve the Consent Business. Alderman Kubacki seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION PC 004-2023 Approval of a Building, Site and Operation Plan Amendment for Jewell Homes located at W173 S7600 Westwood Drive / Tax Key No. 2196.031. Planner Trzebiatowski explained the past deferrals and what has been transpired since. He spoke with the neighbors and they are satisfied with the additional trees installed, cleanup of the site and the gravel that was installed. They still are concerned with the drainage issues on the site and the petitioner has mentioned that the second lift of asphalt will resolve these issues. The drainage issues are contained to his site and not on the neighbor's property or the City property. The discussion was whether the Plan Commission was willing to waive the curbing requirement. Alderman Kubacki asked where the curbing requirement was initially proposed on the site. Planner Trzebiatowski noted that the new curb would be required adjacent to any areas that were reconstructed. Alderman Kubacki added that on the north side, he visited the site and was unsure how curbing would without the water just pooling. Planner Trzebiatowski mentioned that inlets would be used. The drainage issues are not resolved now as water is pooling on this property and not causing issues for anyone else. Mayor Petfalski noted that his concern was that if curbing is required for all repaves then how many repaving projects would be delayed just because of the added cost of curbing. It looks better than it would as gravel but doesn't look as good as if there were curbs installed. Alderman Kubacki added that there is a catch basin on the south end of the property and on the north side there is a large dip in the paving and in this case he is not sure how to fix the grading to eliminate the pooling that there is now. Planner Trzebiatowski noted that looking at a big picture fix there would be inlets like a normal parking lot, which would include a whole sewer system, but this is not practical for this small storage lot. Staff also noted that this is not a use where customers are on site and this is just passive storage for that company only. This is different than what we typically see. Alderman Madden initially made a motion to approve Resolution PC 004-2023 and Commissioner Graf seconded on February 7,2023. Commissioner Bartlett made a motion to amend Resolution PC 004-2023 to remove the curb requirement given that it is not a public use, it is a repave and because all water conditions are constrained strictly to their site. Alderman Kubacki seconded. Motion to amend Resolution PC 004-2023 passed unanimously. Motion to approve Amended Resolution PC 004-2023 passed unanimously. 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 mentioned this topic has been in front of the Plan Commission several times already for a Rustic Structure designation for a couple of the buildings on the farm. The discussion has included which structures would be allowed by right and which are proposed as rustic structures. The latest proposal includes taking 13,000 square feet from an adjacent parcel and adding that land to this property which would then allow two of the buildings to be allowed by right. Then three smaller buildings and a portion of the large barn would be removed all together leaving the two structures allowed by right and the remaining barn being proposed as a rustic structure. The total accessory structure limit with the additional land would be 4,456 square feet and the two buildings allowed by right total 4,453 square feet. The petitioner then proposed a time schedule that allows him to keep the buildings that need to be removed only as land sells where he would then meet the two percent limit. If the Plan Commission is receptive to this idea, staff recommends that there be a sunset of five years where all of the buildings would need to be removed at that time. Planner Trzebiatowski provided an overview of the past rustic structures approved by the Plan Commission. One other recommendation from staff would be that the petitioner would be required to notify staff within five days of a closing as staff is not notified of land purchases. Commissioner Gazzana asked how many lots were for sale. The petitioner noted that there are six lots for sale. Commissioner Oliver asked if there could be something on the tax roll or title it would be noted during the sale. Planner Trzebiatowski said that the Plan Commissions best tool would be to keep the petitioner responsible as citations can be issued if he does not follow through. Many times, if a lien or some type of deed restriction were to be placed on the land, sometimes it could take some time and we would be relying on this note coming to our attention. Commissioner Oliver does not have an issue if the removal of buildings is tied to the sale of properties as long as there is a sunset date. Alderman Kubacki has concerns. Under this proposal the petitioner would still be allowed double the accessory structures on the property. Another option would be to keep all of Lot 7 and keep all the structures and would not be excessive. The petitioner noted that if the structure is deemed rustic structure then that structure is excluded from the accessory structure limit. Mayor Petfalski said that if the structure is deemed a rustic structure it is not included. The petitioner then asked if the building was a rustic structure or not. Mayor Petfalski said that it is not yet. The petitioner then asked what the reasons were that it wasn't a rustic structure. Mayor Petfalski said that Alderman Kubacki just noted that the density of buildings on the property. The petitioner then asked what it takes to be deemed a rustic structure. Mayor Petfalski noted that the Plan Commission has to be at ease with the proposal. Commissioner Buckmaster agreed with Alderman Kubacki and thinks that would be generous based on what has been approved in the past. He has a hard time approving a rustic structure with the density of buildings on the property. The option the Alderman presented is probably the best bet. Commissioner Gazzana asked if prior to dividing the property if he was aware of the issue of the density. The petitioner said yes and that he reads the definition of a rustic structure and doesn't understand why his buildings do not qualify and the Plan Commission keeps going back to the two percent but if it meets the code then it should be considered a rustic structure, which doesn't have a square footage rule. Mayor Petfalski said it is not that simple otherwise it wouldn't need to be approved by the Plan Commission. The petitioner asked for clarification from Alderman Kubacki about his suggestion. Alderman Kubacki stated it was the eastern barn that could be removed or withdraw Lot 7 and keep the barn that is contiguous with the remainder of the petitioner's property. The petitioner noted that he has a lot of money tied up in this and they will all be taxable lots. The petitioner also reiterated that everyone along the road is in support of these buildings remaining. The petitioner noted that this is the one clause that allows accessory structures to be over the two percent rule and this is just a little over. He's maintained the buildings and really tried to keep the buildings in good repair and asking for the Commission to look past the two percent rule. Mayor Petfalski asked if you can deed restrict properties to not allow accessory structures. Planner Trzebiatowski said that he believes so. Mayor Petfalski then asked Alderman Kubacki if that would work. Alderman Kubacki questioned restricting the use of the purchaser of the property. Mayor Petfalski said yes as that was a concern of the neighbors with each new property owner also being allowed the large accessory structures. Planner Trzebiatowski said the hard part of deed restrictions is that it must be remembered or if there are new people here as these are not normally found until there is a title search on the property. Commissioner Gazzana asked if there is a requirement, or could Lot 7 be cut down more rather than getting rid of it. Mayor Petfalski and Planner Trzebiatowski noted that the minimum lot size is 2.75 acres. Planner Trzebiatowski noted that Lot 5 has a significant amount of wetlands and may be more suitable. Mayor Petfalski said that it wouldn't matter which lot of similar size was removed. Commissioner Gazzana asked if he had help drawing the new lot lines. The petitioner noted that he did a previous land division. The petitioner said that there was one thing that didn't qualify as a definition of a rustic structure. Planner Trzebiatowski said that it was meant that a rustic structure is not a guarantee and if you meet the qualifications you can ask where if you don't meet the qualifications you cannot even ask for a rustic structure designation. Commissioner Oliver asked rather than losing a lot why the eastern barn couldn't come down, acknowledging that the petitioner has lived there for 23 years. Commissioner Buckmaster said that he is willing to defer this decision if the petitioner is willing to accept the comments and concerns and come back with another plan. Planner Trzebiatowski noted that the Resolution is currently written based upon the original request so there would need to be amendments to the Resolution. Commissioner Bartlett said he is not against the barn and what was provided tonight is a step forward and there is a timeline but is there a timeline for which the eastern barn could come down. Previously Alderman Kubacki made a motion to approve Resolution PC 033-2023. Commissioner Graf seconded. Commissioner Buckmaster made a motion to defer Resolution PC 033-2023. Commissioner Oliver seconded. Resolution PC 033-2023 was deferred again unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 056-2023 Approval of a Building, Site and Operation Plan Amendment for Dan Addis of Danny Haskell's Pub & Grill located at W171 S7260 Lannon Drive / Tax Key No. 2198.001. Planner Trzebiatowski explained the proposal as a new accessory structure behind the existing bar. It would be for winter storage of the outdoor patio furniture and during the summer it would be used as general outdoor covered area. The building is 24' x 42' designed with materials that make up the building. Generally, more masonry would be required but in this case it is more important to match the existing building. During a site review in preparation for the BSO we noticed outdoor storage on the site that the owner has agreed to screen with fencing as well as dumpsters that were visible where the owner will add gates to the fencing to keep the garbage containers out of view. Mayor Petfalski asked if he was going to be licensing the area. The petitioner stated that is was just a tent similar to the four that have been destroyed in the past years. Mayor Petfalski added that he will need to adjust the license to include the new area. Alderman Kubacki made a motion to approve Resolution PC 056-2023. Commissioner Gazzana seconded. Motion to approve Resolution PC 056-2023 passed unanimously. RESOLUTION PC 058-2023 Approval of a Building, Site and Operation Plan Amendment for Silver Lake Auto located at S73 W16610 Janesville Road / Tax Key No. 2198.991.004. Planner Trzebiatowski described the proposed building changes. As part of the branding the petitioner is looking to change feature colors including the trim around the building, service and overhead doors, light fixtures, bollards and trim around the dumpster enclosure to be painted black. The bulk of the building would remain. The awnings would be replaced with a black fabric. There would be new signage on the building and a new monument sign. The Design Guide discusses earth tones, but this is just adding an accent color. Typically, overhead door colors are to match the building, but the petitioner is proposing black overhead doors as well to match the accent color of the building. Alderman Kubacki likes the color scheme. Commissioner Bartlett agreed. Alderman Kubacki made a motion to approve Resolution PC 058-2023. Commissioner Gazzana seconded. Motion to approve Resolution PC 058-2023 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Bartlett seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner