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Plan Commission Minutes 06042024 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 06/04/2024 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue 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 Se Cry of SKEGO Present: Mayor Petfalski, Alderman Kubacki, Commissioners Cieslak, Graf and Oliver and Planner Fahl. Absent: Commissioners Bartlett and 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 April 16, 2024 meeting. Alderman Kubacki made a motion to approve the April 16, 2024 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 032-2024 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 033-2024 Approval of the sale of Fireworks for TNT Fireworks at Pick-n- Save located at S74 W17005 Janesville Road / Tax Key No. 2199.999.065. RESOLUTION PC 036-2024 Approval of the sale of Fireworks for Freedom Fireworks at the Basse Farm located at S70 W 16050 Janesville Road / Tax Key No. 2172.999. Alderman Kubacki made a motion to approve the Consent Business engross. Commissioner Graf seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 034-2024 Approval of a Building, Site and Operation Plan Amendment for Tipsy Turtle located at S90 W13970 Boxhorn Drive / Tax Key No. 2254.998.002. Planner Fahl explained that the petitioner has an existing outdoor seating area and they are seeking approval to expand the outdoor seating area on the west side of the building. The new outdoor seating area will be approximately 3,100 square feet with a retaining wall. On top of the seating area will be pillars with a black metal fence between the pillars. The retaining wall will be 53" at the tallest point. On top of six of the pillars will be a light fixture with frosted glass. In the past the Plan Commission has approved light fixtures that conceal the light source. Closer to the building will be an outdoor bar constructed with the same block as the retaining wall. Then towards the back portion of the bar will be white PVC fence panel as a screen for the wait staff. The only issue found is that the concrete patio must be three feet from the property line, but will be needed with the Zoning Permit. Commissioner Graf made a motion to approve Resolution PC 034-2024. Alderman Kubacki seconded. Motion to approve Resolution PC 034-2024 passed unanimously. RESOLUTION PC 035-2024 Approval of the sale of Fireworks for Freedom Fireworks at Lakepoint Church located at S63 W13694 Janesville Road / Tax Key No. 2162.997.001. Planner Fahl explained that the fireworks operations will be very similar to the other stands approved. This petition has not had fireworks at this location but will have a tent with two shipping containers for secure storage with a sign on each container. Restrooms will be available at the church and another store for customers and employees. Mayor Petfalski asked what the purpose of the rubber mat. Alderman Kubacki thought it was to cover the electrical cords. Alderman Kubacki made a motion to approve Resolution PC 035-2024. Commissioner Graf seconded. Motion to approve Resolution PC 035-2024 passed unanimously. RESOLUTION PC 037-2024 Approval of a Building, Site and Operation Plan for a Water Booster Structure located at the future Kirkland Crossing Subdivision / Tax Key No. 2276.999.003. Planner Fahl explained that the structure will be 13.5' x 37.5' in size. From the water system analysis, it was found that a booster station would be needed for the correct water pressure to serve the future subdivision. The booster station is similar to all other utilities in that the developer pays for the infrastructure and then the utilities become property of the City as part of the utility. The structure will be a prefabricated brick building with a standing seam metal roof. The building will be a lighter brown color with a darker brown roof along with a horizontal band in the masonry. The site has either arborvitae trees located on the plans. Similar to all other non-residential development any ground and roof mechanicals must be screened at the time of planting. Commissioner Graf asked where exactly will the booster station be located. Planner Fahl described where the entrance to the subdivision will be located and the booster station will be close to the entrance off of Martin Drive. Alderman Kubacki made a motion to approve Resolution PC 036-2024. Commissioner Oliver seconded. Motion to approve Resolution PC 036-2024 passed unanimously. RESOLUTION PC 038-2024 Approval of a Building, Site and Operation Plan Amendment for Mark Knudsen of Pop's Pub located at W180 S7808 Pioneer Drive / Tax Key No. 2196.980.001. Planner Fahl explained that he is looking to illuminate the volleyball courts with a single pole that would have a horizontal bar across the top with a light fixture directed towards each court. Typically, outdoor lights on commercial buildings is 15 feet or the height of the building eave. The code also has a section for specified outdoor recreation uses. Performance standards in the code include full cut-off, zero -degree tilt, 0.5 footcandles at the property line. If approved by the Plan Commission the performance standards can be waived. One of the concerns is that with the angled light fixture, the cutoff angle would be increased and would be more visible to the surrounding neighbors. However, with the angled light fixture, the properties on the backside of the fixture would likely benefit as the light is being directed away. A photometric plan was submitted where the footcandles exceed the limits to the north. Plan Commission discussion is needed to determine if the performance standards should be waived. Alderman Schwer discussed the concerns that his constituents have expressed. Concerns related essentially towards the noise and with the lights there will be more noise. If this were allowed he asks that some additional screening to help the neighbors as well as the business co -exist. Mayor Petfalski asked the petitioner to clarify what the screening issues have been. The petitioner, Mark Knudsen, explained that there is a six-foot limit for fences and how high they would like to go. He is looking for suggestions on what to do for a sound barrier but not exactly sure of how to go about it. He is really looking to do this one time so everyone is happy rather than having to do this more than once. The lighting for the volleyball will be Thursday night from 6:00 — 9:30 and if he is going to invest a lot of money that everyone is happy. If he was going to invest in a taller fence for screening, he would need sponsors on the fencing, which is something he cannot do. Commissioner Graf asked what he has consider thus far with screening. The petitioner mentioned that on the north side they have purchased the residence to the north and looking to take it down and add a new parking lot. He has ash trees that look like they could fall on someone, but he needs to come to the Plan Commission for approval. Planner Fahl noted that dead, dying or diseased trees can be removed but for any other landscaping project on a commercial property would be a site change and would need Building, Site and Operation Amendment. The petitioner then asked if this is minor issue that has to come to Plan Commission because that means that he has to wait until August to do something that the neighbors want and his hands are tied until the Plan Commission meeting. Mayor Petfalski asked which trees he is talking about. The petitioner said the northeast corner. Additionally, the neighborhood association has trees that need to come down as well. The petitioner also stated that he was going to take all the brush out until we discussed what the best thing to do would be as far as a fence. Mayor Petfalski asked what the timeframe is for everything. The petitioner said upon approval he would dig the hole tomorrow. Mayor Petfalski asked about the screening. Rather than paying for a new submittal for the landscaping BSO he could combine the two. The petitioner said that he didn't want to do this because then he would need to pay for a landscaping plan and site plan and when he combines the lots he needs a surveyor. He is looking for the lighting for volleyball for safety and for the experience of playing. Commissioner Graf noted that there is some lighting influence on the neighbors. It appears that some consideration needs to be made for some deviation for how the lighting will be fixed and cutoff angles. He sees screening as directly related to the lighting. The petitioner asked what property the screening was for. Commissioner Graf said toward the east and the consideration for taking the house down is downstream. The petitioner said that by placing the lights on the east, they are directed towards the west. Another option would be to add six lights angled downward, so he is trying to be as considerate as possible knowing that the bar is directly west. Commissioner Graf said six lights with no influence to the neighbors. The petitioner said it is a cost issue and the discussion is about three hours of lighting. Alderman Kubacki asked how these lights can be shielded to maintain a lesser spillover to the east and also to the rental property. The petitioner said it is not so much shielding, but directing the light. Not sure how past the 0.5 measurement went. Commissioner Cieslak asked about the location of the volleyball courts. The petitioner said that the volleyball courts are east of the tiki bar. The petitioner explained that the property to the north is the one that would be combined with the bar property and he has discussed a fence with the next neighbor to the north and they would like to see a six-foot fence. And then they will do larger arborvitae's against the treeline in the future. Commissioner Cieslak said that the ultimate goal to combine the properties but right now it is a separate property and what happens if the plans change and right now there is a lot of light going in that yard. The petitioner said he could combine the properties tomorrow, but the Plan Commission could add a restriction that the property to the north must be combined prior to installing the lights. Commissioner Cieslak said that right now the lights would be three hours, but asked if these hours would be expanded in the future. The petitioner said it depends on the sunlight as the lights aren't turned on until later now. Commissioner Cieslak followed up with a question about weekends. The petitioner said can't say anything on the weekends, but he feels he is a respectful business owner so at 9:30 they shut everything down. He is trying to get specifics of the complaints so he can address those concerns. Commissioner Graf asked why the volleyball courts are located where it is. The petitioner said that is where the courts were when he purchased the bar three years ago. Commissioner Graf asked about moving the volleyball courts and tiki bar towards the west. The petitioner explained the future plans are to expand the bar to the north which is the purpose of buying the property to the north. Commissioner Graf then explained that he meant that by moving the volleyball court and tiki bar to the west it would increase the space between the lighting and the neighbors. The petitioner explained their previous approval for the landscaped space around the tiki bar so moving everything wouldn't be a good financial decision. The petitioner also asked what kind of trees he could plant to inhibit the sound because the lights have a hard shutdown at 9:30. Mayor Petfalski asked if the petitioner would be amenable to amend the motion to require a 6' fence along the property line. The petitioner said he would not agree to that. Planner Fahl also noted in the Resolution there is a three-month review after the date of the lighting install to make sure any concerns by the Plan Commission or residents could be addressed. Mayor Petfalski said the Plan Commission could do that and it would be a trial run. The petitioner thinks that they are trying to be the best for them and the neighborhood. Alderman Schwer likes the review as it allows the residents to bring concerns. He believes there will be a complaint but this would allow an opportunity for the petitioner to come back with some screening or plantings. Alderman Kubacki said that there are ways to control the lights and ways to reduce the spillover. Commissioner Cieslak asked if he could change the lights so they are not spotlights but lights for a recreational use. The petitioner said his question would be the less he needs to put into it the better. If you are doing this right there will be two lights, one for each court so the number of lights would be doubled and there would be a down light on each court rather than angled lights. Commissioner Cieslak said that the 90- degree cut-off would reduce the light pollution and glare from Pioneer and to the south. Commissioner Oliver asked that rather than aerial lighting is there any elevation lighting that would work. The petitioner said for a game like bags or horseshoes that may work but just the height of the sport wouldn't be conducive. The petitioner added that they have added bistro lighting based on a recent determination and that that has helped. He said the lighting is the top complaint from the players. Mayor Petfalski added that they just want to make sure this isn't the top complaint from the neighbors. The petitioner explained that it is not the light that is the main concern from the Alderman, but it is the noise. Mayor Petfalski noted that the lights will expand the noise as well. Alderman Kubacki said that he does not understand why we can't control the lights and the spillover. The petitioner said that it can, but now he needs to get the photometrics and this won't happen this year and he will be back next year for approval. Alderman Schwer asked if there was a way to get temporary lights. The petitioner said that he initially wanted this but photometrics need to be submitted for this as well. He was looking at solar lights and then he would need to figure out where to park the trailer. The lights may need to be on the west side shining east which may not be best for the neighbors. Commissioner Cieslak asked if looked into more of a recreational light rather than a spotlight. The petitioner said if they looked into this and with the 90-degree angles there would be more lights as well. Commissioner Graf would support a three-month opportunity with the risk being taken with resident feedback and he will know where he stands with both the sound and lighting. Mayor Petfalski said it would automatically come back in ninety days. Mayor Petfalski added that the lighting is what is in front of the Plan Commission tonight and if the Plan Commission approves the petition what the petitioner does with this is up to him and the results may not be what he wants. Commissioner Cieslak would favor tabling this as there are so many variables and he is concerned about the property to the north. Commissioner Oliver said we are dealing with lights today, but there will be a sound issue but that would be addressed at another time. Commissioner Graf said that the Plan Commission is making the assumption that they are allowing residents to give immediate feedback if there is no amendment for a review. Mayor Petfalski noted that the 90-day review is already in the Resolution. Alderman Kubacki asked if there was a hard 9:30 cutoff. The petitioner said Sunday through Thursday and Friday and Saturday the cut-off is 10:30 specifically for noise. Commissioner Graf made a motion to approve Resolution PC 038-2024. Commissioner Oliver seconded. Upon a roll call vote, motion to approve Resolution PC 038-2024 passed unanimously. RESOLUTION PC 039-2024 Approval of a Building, Site and Operation Plan for Tractor Supply Co. located on vacant land between Aurora Health and Dollar Tree / Tax Key No. 2167.995.128. Planner Fahl explained the project being a new building between the Aurora building and Dollar Tree stores. The front of the store is bumped out towards the parking area offering depth to the commercial complex. The store will be approximately 21,900 square feet with an outdoor display area of approximately 19,000 square feet also. The building will be a mixture of two-tone brick veneers with two brown standing seam awnings on either side of the entryway with a stone veneer column that would be on the corners of the building. The front entryway is bumped out closer to the parking area that would be an EIFS material painted to match the building. There will also be a standing seam metal hip roof canopy structure similar to all of the other buildings and Craftsman Prairie style architecture required in the design guide. The side against the Aurora building and the back would be painted CMU block as they will not be visible. The building will be four feet away from the Aurora building so there will be a wall connecting the two buildings that will match the front of the building. Additionally, from the column on the corner of the building to the connecting wall that must also match the front of the building. The outdoor display area between the Tractor Supply building and Dollar Tree would have a four -foot stone veneer wall with a black aluminum tube fence being 16 feet in height. The return back to Dollar Tree must also have the same materials as the front of the display area. The backside of the outdoor display area will be the same black tube fence with metal panels to screen everything behind the building. The colors will be a mixture of browns and tans with a reddish -brown band over the doorway. There will be a flat roof with parapet walls at 24 feet in height. The top of the bronze roof will be 30-feet in height. Two outdoor display areas in front of the store will have the same four -foot stone veneer wall in front of them to screen most materials. As for the site, this property also includes a large area of the development including the retention pond and internal roads. There is also a future outlot also, so a Certified Survey Map will be required to separate the Tractor Supply property from the remainder of the development. The site is pad ready. The parking area design will match the parking in front of Dollar Tree and Kohls as a continuous parking area. There will be 96 parking stalls with three stalls meant for vehicles with trailers. One space per 150 sq. ft. of customer area for 103 stalls. However, the complex as a whole has ample parking. A pedestrian sidewalk extends through the Tractor Supply property connecting to the sidewalks on either side. The dumpster enclosure matches the materials of the building. No additional outdoor storage is allowed other than the areas specifically noted. The building meets the design guides. Commissioner Oliver asked what will be stored in the outdoor areas in front of the store. Planner Fahl noted that he wasn't sure but at another store there were mowers or other hand tools. Commissioner Cieslak said the at the front of the building is a nice design, but with the awnings it appears as though there should be windows or something that looks like a window. The wall looks blank. Can we put windows or something that represents a window below the awnings. The petitioners said that they can look at windows, shutters or faux windows. There may be displays in front of that wall that the it may be six feet tall. Commissioner Cieslak asked if spandrel glass could be an option. The petitioner noted maybe tinted glass. The awnings are there to protect the product below from the weather. Commissioner Cieslak noted that the windows won't be operable but help with the look and give some definition to the awnings. Commissioner Graf made a motion to approve Resolution PC 039-2024. Commissioner Oliver seconded. Commissioner Cieslak made a motion to work with staff to add window elements below the awnings. Alderman Kubacki seconded. Motion to amend Resolution PC 039-2024 passed unanimously. Motion to approve amended Resolution PC 039-2024 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Graf made a motion to adjourn. Commissioner Oliver seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner