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Plan Commission Minutes 03052024UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 03/05/2024 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue AMENDED CALL TO ORDER Mayor Petfalski called the meeting to order at 6:02 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL C4 Of USKEGO %/Y Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Buckmaster and Oliver and Planner Trzebiatowski. Absent: Commissioners Gazzana and Graf. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the minutes from the February 6, 2024 meeting. Alderman Kubacki made a motion to approve the February 6, 2024 minutes. Commissioner Oliver 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 "general warehousing" in a new building located behind DJ's Lawn Sprinklers to be used for contractor warehousing and offices located at W180 S7732 Pioneer Drive / Tax Key No. 2196.976. Planner Trzebiatowski provided a synopsis of the project which includes a new multi -tenant contractor/warehouse on the north side of the parcel where DJ's Lawn Sprinkler is located. The building is just under 12,000 square feet with five separate tenant spaces ranging in size of 1,900 to 4,000 square feet for small businesses or personal storage, just not small storage. A Conditional Use is required based on the warehousing aspect. Rachel Drage (S77 W19769 St. Leonards Ct.), Jillian Miller (S76 W17872 St. Leonards Ct.) and Jessica Scherr (S77 W17835 St. Leonards Ct.) stated that their lots are connected to this property. Their concerns included noise, trees and concerned about how this will impact the value of their homes. Currently trees are already falling and they can hear people on that property. Other questions include the building, is it an addition or new building, how many levels. Are they taking any trees down? Richard Grimme (W179 S7714 & 16 Pioneer Drive) stated this property is immediately south and he wants to cut a driveway alongside his property. Concerns include the driveway, storage, access and where he will go with the snow. Public Hearing closed at 6:10 PM CONSENT BUSINESS RESOLUTION PC 008-2024 Approval of an Annual Review for the Loomis Court LLC. property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. RESOLUTION PC 009-2024 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Loomis Drive / Tax Key No. 2257.982.002. RESOLUTION PC 010-2024 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC. located at W195 S9773 Racine Ave. / Tax Key No. 2274.998. RESOLUTION PC 011-2024 Approval of a Bi-Annual Review for Ralph W. Raush at the property located at S83 W 18550 Saturn Drive / Tax Key No. 2223.003. RESOLUTION PC 012-2024 Approval of a Bi-Annual Review for the RD Meyer Mini Storage property located at W 145 S6550 Tess Corners Drive / Tax Key No. 2165.998.012. RESOLUTION PC 018-2024 Approval of a third accessory structure for Joshua & Mary Jean Sparks located at W197 S7325 Hillendale Drive / Tax Key No. 2190.994.016. Commissioner Buckmaster 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 013-2024 Approval of a Bi-Annual Review for the George Alex property located at S98 W 12712 Loomis Drive / Tax Key No. 2257.984.001. Planner Trzebiatowski explained this site is used for storage units and one condition of approval is a bi-annual review. At this site there are a few items that are not in compliance and a letter was sent to the owner, that was not received right away. At the follow-up visit the items were still there. Planner Trzebiatowski spoke with the owner and he said he just needed a little more time. Alderman Kubacki asked the owner if he suggested any timeframe. George Alex noted that he is in the process of removing everything. Mr. Alex also asked about the snowplow as it is normally in the back. He also noted that there is a soda machine that is being picked up. In a few days everything will be gone. Alderman Kubacki suggested until mid -month. Mr. Alex said that is more than enough. Planner Trzebiatowski noted that the snowplow could be parked in the back out of view. Commissioner Oliver asked if there is room behind the building. Mr. Alex said there was room in the back. Alderman Kubacki made a motion to approve Resolution PC 013-2024. Commissioner Bartlett seconded. Alderman Kubacki made a motion to amend the Resolution 013-2024 that the site must be in compliance prior to the April 16, 2024 Plan Commission meeting. Motion to amend Resolution PC 013-2024 passed unanimously. Motion to approve Amended Resolution PC 013-2024 passed unanimously. RESOLUTION PC 014-2024 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Drive / Tax Key No. 2293.996.002. Planner Trzebiatowski explained that at the annual review there were many cars. During the follow-up review there were cars parked where they cannot be and car parts being stored outside which is not allowed. Another issue is across the street where Mr. Frey's solution was to provide a lease and put down a gravel pad with nice fencing to enclose all of the vehicles. This annual review is two -fold with the existing site and the site across the street. Mr. Frey noted that his place is way better. He said that in the photos they truck and trailer came in that day and was gone that afternoon. As for across the street he never received the lease back from the owner. He already spent the money on fencing but can't get the lease back. Mayor Petfalski asked when he can get the lease. Mr. Frey said he doesn't know. Alderman Kubacki said that assuming he does not get a lease, what is the alternative. In the long run, what is the plan. Mr. Frey said he did not know. Mayor Petfalski said that he is not sure that he needs a lease or not, but one way or another the concerns of that site must be addressed. The eyesore that this is creating in the area must be addressed. Mayor Petfalski said that maybe he looks at another site. Commissioner Oliver asked if he looked at any other properties in the area. Or with the contacts that he has in the industry where he could store them and bring them back as needed. Mr. Frey said that he has. Alderman Kubacki said that by the next meeting he needs to secure a site and move the vehicles. Mr. Frey said that he invites everyone over to look at his main lot. Planner Trzebiatowski added that the issue is that a approval for a body shop is very different from a sales lot. There cannot be anything wrecked at any time. There are quite a few body parts there, which is a different approval that he does not have. Alderman Kubacki made a motion to approve Resolution PC 014-2024. Commissioner Bartlett seconded. Alderman Kubacki made a motion to defer Resolution PC 014-2024. Commissioner Oliver seconded. Motion to defer Resolution PC 014-2024 until April passed unanimously. RESOLUTION PC 015-2024 Approval of a metal accessory structure for David Tippel located at S82 W13560 Hi View Drive / Tax Key No. 2209.942. Planner Trzebiatowski mentioned that the petitioner is proposing a new metal 2,000 square foot accessory structure with metal walls and metal roofing. The outbuilding is supposed to match the colors and materials of the house. Criteria to offer a waiver includes screening from view, the principle structure constructed of materials inappropriate on an outbuilding, other circumstances to be present with no undue harm on surrounding properties or the area is found to not be predominately not residential. Typically, this is on larger properties or larger agricultural properties. In this case the structure will be visible from Hi View Drive and some views from Durham Drive. Just for perspective in 2008 there was a proposal on Hi View Drive and North Cape Road that was denied due to similar circumstances. As for colors, it would be similar to the house. Alderman Kubacki asked if there is anything that could be done to dress up the structure more closely to the requirements. Planner Trzebiatowski noted that there is always something that could be done including a brick ledge, wainscoting, etc. If they wanted a pole -type construction with a shingled roof and siding to match the house it wouldn't need Plan Commission approval. Mayor Petfalski asked what the concern was for this building. Planner Trzebiatowski said that to have metal it needs a waiver which is normally on larger lots, more rural lots or less visible. There were a couple others approved nearby that were on more heavily wooded lots and on a dead end. Mayor Petfalski asked how large the lot was. The petitioner said 2.45 acres. The petitioner added that he bought the home about five years ago wanting to build an outbuilding for personal storage. When he resided the house he didn't know the requirement about the steel. He understands it will be visible but the intent is to make it look like his house with eight windows and wainscoting. Planner Trzebiatowski asked if he did a board and baton type siding. The petitioner said he did. Planner Trzebiatowski asked if he looked at a board and baton metal siding. The petitioner said that he did not quote the board and baton metal siding as he was looking at steel siding due to the warranty provided with the metal. Alderman Kubacki asked if he would consider a board and baton metal siding. The petitioner said that if that was his only option, then yes but he is not sure how much different the appearance would be. Planner Trzebiatowski said that this would be a general question for the Plan Commission as people are asking about metal buildings that is an upgraded metal siding be something the Plan Commission would be in favor. Mayor Petfalski added that when the ordinances were drafted, metal was a totally different product than it is today. Alderman Kubacki asked if he would be willing to get a quote on the metal board and baton style siding. The petitioner said he would, but wanted to ask if the standard steel was a no-go. Commissioner Bartlett said that right now he would likely be a no due to the visibility but if it would be set to the back of the property or screening and planting around it may sway him but it seems out of place. Commissioner Oliver asked if there was something he could do with landscaping. Mayor Petfalski noted that concerns are that it is a living screen that could die or he could sell the property. Commissioner Buckmaster thinks the board and baton looks good or they are sunken down a bit so they are not as visible. Alderman Kubacki made a motion to approve Resolution PC 015-2024. Commissioner Bartlett seconded. Alderman Kubacki made a motion to amend Resolution PC 015-2024 to include a steel board and baton style siding to match the house. Commissioner Buckmaster seconded. Motion to amend Resolution PC 015-2024 passed unanimously. Motion to approve amended Resolution PC 015-2024 passed unanimously. RESOLUTION PC 016-2024 Approval of a Building, Site and Operation Plan and Conditional Use Grant for Eric Huckstorf of Hornet Properties, LLC. located at W180 S7732 Pioneer Drive / Tax Key No. 2196.976. Planner Trzebiatowski provided an overview of the project. This is a new building north of the DJ's Sprinkler building. There will be multiple tenants with units ranging from 1,900 to 4,000 square feet. There was discussion of DJ's Lawn Sprinklers using one of the units for their storage, but otherwise there has not been any future tenants identified. Otherwise, DJ's will not be able to store any equipment outside except for within a few parking stalls at night. These cannot be rented as mini -storage units as that is a different type of approval so that is a condition of approval. Hours of operation are from 6:00 am to 10:00 pm. Each specific business will need to apply for a business registration to allow for staff to vet the uses and parking needs for each tenant to ensure sufficient parking. There will not be any outdoor storage allowed on site including parking. As for the design of building, as proposed it will be a steel building with a masonry band around the bottom of three sides of the building with the east side being full steel siding. The building will be greys and earth tone colors. There will be an overhead door for each unit along with windows, service door and an eyebrow feature. This area falls under the General Design Guide but not the Historic Crossroads Design Guide as it is behind the lots abutting Pioneer Drive. As for the masonry percentage the overall building is just under 14 percent masonry. Since this is below the typical masonry percentage in the Design Guide the Plan Commission may want to discuss options like upgraded material type, increased masonry, design changes, design character or even so robust landscaping. The Resolution is drafted as -is so any changes the Plan Commission would like would need to be added. The site is designed as a one-way loop around the existing building to the new area. Exit would be one way through a new driveway north of the existing driveway. The drive meets the code for one-way travel. There will be no outdoor overnight parking or storage will be allowed. For DJ's, there are more spaces identified for employee parking and five stalls for overnight parking. The design guide also discusses enhanced parking areas and in the Resolution is landscaping islands at the end of the parking stalls. Normally on sites in developed areas curbing is required along all driveways. Curbing is an aesthetic, sometimes used for storm water but also keeps vehicles on the pavement. Parking is supposed to be 10-feet from the property line. Toward the west there is a five-foot offset so staff recommended screening adjacent to the residential uses. The fire department will need to complete a final review of access to the site. Dumpsters and outdoor storage will be stored indoors and will be included on the lease documents. This also applies to DJ's. An area is identified for DJ's outdoor storage that must be screened. New landscaping will be installed in front of the new fencing. Between the houses and this property is an outlot that is not a conservancy. Typically, the policy is that the person who requires the screening installs the screening. The Resolution discusses screening to the east. Any transformers or mechanical units will require full screening including any rooftop vents that are larger than a typical residential vent. Water and sewer will serve this development. A concern was received regarding the drainage and runoff. A trench drain is shown behind the building, but the engineering department will conduct a full review. As for the neighbor's comments, there is not a tangible answer for the value but overall the development should fit in with the area. There is nothing identified as far as tree removal. The driveway is three feet from the property line as required. Alderman Kubacki would like to see more screening on the east side of the building as it is a long bland stretch of building. Commissioner Oliver would recommend making that east side of the building not bland by extending the building should be uniform all the way around as it is visible to everyone. Planner Trzebiatowski noted that the first idea was the board and baton material to be used initially that was removed when the masonry was added. Commissioner Buckmaster said that appears as though curbing is needed especially for the drainage. Planner Trzebiatowski noted that northeast corner is higher and everything drains south/southwest to the drain. They are not allowed to drain to existing properties with the exception of the southern area as all they are doing is striping. Mayor Petfalski noted the refuse and does not see a scenario where there is no dumpster needed. Would be a lot more comfortable if there was a location for a dumpster. The petitioner noted that he has 20 units elsewhere and if a tenant needs a dumpster they use a roll -out and keep the dumpster indoors. Commissioner Oliver concurred with the roll -out dumpster use. Planner Trzebiatowski noted that this site may be difficult in that the garbage truck would be driving around the existing building with one-way traffic. Commissioner Bartlett said that the fire department will review the plans. Just wanted to call attention to the constraints of the site and it is not sprinklered. So the building is over the required distances by the commercial building code to fight a fire for hose access and there are no other streets so this is storage and storing garbage indoors he would consider this a higher fire situation than normal. Therefore, he believes that the building or pavement will need to be messaged to allow for some further access for fire truck apparatus. Petitioner stated that is why they were opposed to the parking lot island. They are going to have a strong and strict when choosing tenants. They do not want anything to disrupt their business operations. Understands there are concerns to the east, which is why they chose the colors that they did. The area between the homes is heavily wooded. The intention is that the building would blend into the wooded area for the residents and provide a sound barrier for the parking area. Regarding the curb and gutter the petitioner stated that in talking to the grading contractor that they do not believe that stormwater will be an issue and even the existing stormwater would be improved. The new building will allow them to bring the stormwater along the east side of the building. Also adding a berm on the south side of the property to direct the water to the west to a storm inlet at the southwest corner. They believe they can correct some existing issues. The curb will not be any aesthetic improvement as it would only be visible to them. Commissioner Oliver said that unless the trees are evergreens on the east property line, he cannot imagine the woods being dense enough that the properties to the east would not see this property. He believes that a landscaping plan with offset evergreens would be required to provide the density where that property wouldn't be seen by the residences. The petitioner said that there are evergreens on the property to the east to screen this property. Putting stonework on the backside of the fagade would not be visually pleasing to anyone. They would consider explore the option of adding arborvitae or evergreens to add a screen. Planner Trzebiatowski added that they key to adding arborvitae would be the density of the plantings. Commissioner Oliver also added that it would help as a sound barrier. Mayor Petfalski said that he does not have a strong opinion on the islands. Commissioner Bartlett does not have an issue with the islands and the ADA parking will have to be revised. Mayor Petfalski added that he does not see any gain with the islands and would allow emergency vehicles access throughout the site. Commissioner Buckmaster agrees and is not sure what the islands do here. Commissioner Bartlett speaks of consistency with the curb and the masonry percentage. If there is a trade-off the metal siding is weak in this proposal if there is not 50 percent masonry. Mayor Petfalski added that regarding the screening on the east side if there is a possibility of entering an agreement with the neighbors. If the trees are on the side of the business and they die, they are gone. Whereas if the trees are on the neighbor's property and they die they are responsible for keeping them or replacing them. The petitioner noted that there is an odd trail on the neighbor's side of the fence if they would like trees planted there. The petitioner is not opposed to 50 percent on the exposed side, but not sure how they could do 50 percent masonry and make the building look appropriate. The area to the west they understand and they just didn't have it on the landscaping plan. Commissioner Bartlett said that more masonry looks better. If there is not masonry can there be a higher quality exterior facade material rather than the ribbed metal. Ribbed metal looks like an industrial park and that is not the intent of Pioneer Drive. If this were to be deferred, a design that breaks up the fagade, addresses metal siding or aesthetically looking trade-offs, which has been done before. The petitioner asked that regarding the 50 percent masonry if there was a way to dress up the west facing fagade, would consideration be made for board and baton on the west and south fagade. The HOA will not cut down the forest. The would be open to adding evergreen screening. Commissioner Oliver is not so concerned with building but is concerned with blocking the view for people that are looking at something not appeasing to them. The petitioners have investment in their property and so do all the neighbors. He would suggest a landscaping plan so the side of the building is not visual. Alderman Kubacki is concerned with the east side building. It needs to be dressed up a bit or landscaped. Adding more to the west and south elevations would help also. He does like the curbing as it controls the water. Commissioner Buckmaster agrees with the curbing. As for the aesthetics he agrees with Commissioner Bartlett in that there has to be some consistency. There could be some openness showing some landscaping. Would be in favor of deferring or would likely vote no. Mayor Petfalski summarized the comments including some aesthetic options and may be open to some landscaping screening options, but would come back with a couple options. Planner Trzebiatowski added that a landscape plan from a landscaper with species and spacing. As for the curbing it would be a good idea to control the water. Commissioner Oliver added that some photos now before all the leaves are present would give the Plan Commission a better idea of what it will look like in the winter. The petitioner asked if the board and baton would be considered part of the masonry. Originally, they came in with an architectural panel but moved on with masonry and steel siding. Would the board and baton in lieu of making the entire fagade masonry would the board and baton be considered an architectural improvement. Commissioner Bartlett said yes, in lieu of adding more masonry a board and baton siding or other higher end metal would be better. Alderman Kubacki made a motion to approve Resolution PC 016-2024. Commissioner Buckmaster seconded. Commissioner Buckmaster made a motion to defer Resolution PC 016-2024 until April. Alderman Kubacki seconded. Motion to defer Resolution PC 016-2024 passed unanimously. RESOLUTION PC 017-2024 Approval of a Building, Site and Operation Plan amendment for Mark Knudsen of Pop's Kettle Corn located at S79 W18927 Janesville Road / Tax Key No. 2225.987.004. Planner Trzebiatowski explained the project being behind the AutoZone building behind Walgreens and Culvers. Due to changes at the pantry site and this site the petitioner is seeking approval to park vehicles on the back side of the site. There would be new striping to park the firetruck, trailers, and box truck. The drive aisle is sufficient for through traffic. Pops is trying to centralize all of the vehicles used for the business. Alderman Kubacki made a motion to approve Resolution PC 017-2024. Commissioner Oliver seconded. Motion to approve Resolution PC 017-2024 passed unanimously. RESOLUTION PC 033-2023 Reconsideration of Approval of a Rustic Structure designation for Bryon Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.021. Mayor Petfalski stated that the Plan Commission denied the request for rustic structure designation. One of the concerns that the ordinance does not have a step process or criteria listed. The crux to bring this back is that there is a lawsuit stating that the process did not have a process and was arbitrary and capricious. So the recommendation is to bring this back for reconsideration and approve the rustic structure with the condition that all outbuildings with the exception of the garage be taken down. Planner Trzebiatowski clarified that on the exhibit building 3 would be the rustic structure and buildings 2, 4, 5, 6, 7 and the shed on the east would be removed and building 1 would remain as the garage. As far as the size, building 3 is over the size limit allowed by right. With the property alone just under 4,200 square feet would be allowed by right and the barn is roughly 5,600 square feet. There was past discussion of adding more size to this lot which would allow a couple hundred additional square feet of accessory structure. If the barn is going to stay in any form it must be approved as a rustic structure. In this scenario the garage (building 1) would also be allowed to stay. Mayor Petfalski added that some of the concerns discussed was the amount of non -open space with the remaining structures on the lot after the land division. This would clear off the lot and come within 1,300 square feet of what the ordinance states. This would not bring the structures into compliance but would be a trade-off that he is recommending. Planner Trzebiatowski noted that if building 1 would remain and building 3 would remain as a rustic structure then remain approximately 2,100 square feet over. Mayor Petfalski also recommended a further condition that he obtain a demolition permit for the buildings within six months and have them all removed within 24 months. Mayor Petfalski stated that the Plan Commission is within their rights to approve a Conditional Use with reasonable conditions. These are reasonable conditions as they address the existing open space ordinances. Alderman Kubacki said that it was a trade-off. Commissioner Buckmaster agreed. Commissioner Oliver asked whether this has any consideration into properties being sold or not being sold as discussed before. Mayor Petfalski confirmed and said that if he wants to add additional property he can to keep any of the smaller outbuildings then he would be in compliance. Alderman Kubacki made a motion to reconsider Resolution PC 033-2023. Commissioner Buckmaster seconded. Commissioner Buckmaster made a motion to amend Resolution PC 033-2023 as discussed. Alderman Kubacki seconded. Motion to amend Resolution PC 033-2023 passed unanimously. Motion to approve amended Resolution PC 033-2023 passed unanimously. MISCELLANEOUS BUSINESS Reminder of the April Plan Commission moved to April 16, 2024. Mayor Petfalski also notified everyone that Commissioner Gazzana resigned his position on the Plan Commission effective 3/5/24. Notice and receipt of Summons and Complaint; Bryon Hrin, Petitioner v. City of Muskego Plan Commission, Respondent; Waukesha Case No. 2024-CV-000331, filed February 27, 2024. ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Alderman Kubacki seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner