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Plan Commission Minutes 08062024 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 08/06/2024 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:14 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL & cz� 0/- SKEGO Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Buckmaster, Cieslak, Graf and Oliver and Planner Trzebiatowski. Absent: None. 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 7, 2024 meeting. Approval of the Minutes of the June 4, 2024 meeting. Alderman Kubacki made a motion to approve the May 7, 2024 and June 4, 2024 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 041-2024 Approval of a Four Lot Certified Survey Map for Waste Management of Wisconsin, Inc. located north of Janesville Road and east of Crowbar Drive / Tax Key Nos. 2231.998.001, 2231.992, 2229.995, 2229.992.004, 2230.994, 2230.999, 2231.999, 2230.999.001, 2229.989.002, 2230.995, 2229.989.001 and 2230.998. RESOLUTION PC 042-2024 Approval of a One Lot Certified Survey Map for Waste Management of Wisconsin, Inc. located north of Janesville Road and east of Crowbar Drive / Tax Key Nos. 2230.999.002 and 2230.995. RESOLUTION PC 043-2024 Approval of a One Lot Certified Survey Map for Waste Management of Wisconsin, Inc. located north of Janesville Road and east of Crowbar Drive / Tax Key Nos. 2231.998.001, 2231.993 and 2231.997. Alderman Kubacki made a motion to approve the Consent Business engross. Commissioner Buckmaster seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION 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 this item was back from this spring of this year and at the April 16th meeting this was deferred by the Planning Commission. At that time, the petitioner, Mr. Fry, had issues with some of the approvals on a site with where vehicles were stored. The petitioner also noted that he had an offsite location that he was working to wrap up a lease on to move the cars that are located across the street from his main dealership, which was one of the main issues at the site as well as the existing site remain in compliance. The petitioner stated that the vehicles would be moved by end of July. A site visit occurred on July 31 st and the site was not in compliance. None of the other vehicles had been moved from the other site. The petitioner said their goal now is to move these by the end of August. Alderman Kubacki asked the petitioner why the vehicles haven't been moved. The petitioner said that he received the lease in July, but he has had staff issues and hasn't been able to move them by himself. It will be done, but he hasn't had a chance. Alderman Kubacki said that this has been going on for months. The petitioner said that he just needs a little more time and he will get it done. The petitioner asked for a September meeting. Commissioner Graf said he is not confident that this will be done Planner Trzebiatowski said he understands that the cars are going to be moved across the street, but the main site is worse since the last inspection, and it was actually better at the last inspection. The petitioner said that they have been busy and being a couple people short is really tough. Mayor Petfalski said that he needs to make this a priority and besides discussion citations, not sure how to impress this on him. Alderman Kubacki said the Plan Commission has to discuss citations at this point since nothing else is working. Mayor Petfalski asked how citations would work. Planner Trzebiatowski noted that the Plan Commission decision and the citation would be two separate things. Plan Commission still needs to approve the Resolution. As for the citation, the judge would decide any penalties. Commission Oliver asked where the location was, how many cars and if the petitioner has searched for any services to move the vehicles. The petitioner said there where about 100 cars and he has not looked into any service to move the vehicles. Mayor Petfalski said that the vehicles are one issue but the existing lot is another issue. He noted that because this is an annual review of the Conditional Use Grant that the petitioner is risking a lot more than fines as the CUG could be revoked. Commissioner Graf said that the Plan Commission has been talking about this excessively in that, the speed at which we want to see action on it is at a different rate than the action the petitioner has taken. So, my opinion is that we do need to move it on to some level of citation. This will put a priority on the petitioner as this is important as day to day business. Mayor Petfalski asked how soon this would be in court. Planner Trzebiatowski said that we could really determine the timing of the court. Mayor Petfalski recommended issuing citations backdated to the beginning and have this go to court in September. If everything is done before the meeting the Plan Commission can drop or minimize the fines to at least cover staff time. Further, the Plan Commission puts a warning on the petitioner that he has until the next meeting to get into compliance or the Plan Commission will call for revocation of his Conditional Use Grant. Planner Trzebiatowski said that the next meeting is September V. So, we could bring this back in September and issue the citations beforehand with an initial court date after the September meeting. Mayor Petfalski added that an item be placed on the September Plan Commission agenda regarding the revocation of the Conditional Use Grant. Then if everything is in compliance at that time the Plan Commission can decide which way to go on the Conditional Use Grant. Alderman Kubacki said that is fair and it gives him enough time to finish everything Mayor Petfalski said that he could get everything done with minimal costs and operate forward, but if not it could be devastating. Commissioner Cieslak said he would have the initial court appearance just before the September Plan Commission meeting. Alderman Kubacki made a motion to approve Resolution PC 014-2024 on March 5, 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. On April 16, 2024 Commissioner Bartlett made a motion to defer Resolution PC 014-2024 until the August meeting. Commissioner Oliver seconded. Motion to defer Resolution PC 014-2024 passed unanimously. On August 6, 2024 Alderman Kubacki made a motion to Amend Resolution PC 014-2024 to include a citation to the petitioner backdated to the April Plan Commission date and also adding an item on the September Plan Commission meeting agenda to revoke the Conditional Use Grant. Commissioner Graf seconded. Motion to Amend Resolution PC 014-2024 passed unanimously. Motion to approve Amended Resolution PC 014-2024 passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 040-2024 Recommendation to Common Council to amend the Zoning Map and 2020 Comprehensive Plan for the City of Muskego for two (2) vacant lots for Daryl Borchardt of the Oakridge Glen Subdivision located along Hackberry Hill Court / Tax Key Nos. 2172.068 and 2172.069. Planner Trzebiatowski noted that this is a rezoning and land use approval from RM-2 Multi -Family to RS-2 Single Family Residential and from high density land use to medium density residential land use. this was part of the Oak Ridge is part of the Oak Ridge Glen subdivision, which was a predominantly single-family subdivision with this eastern spur set up for multifamily lots. Most of the multi -family lots are two family lots based on lot size and density. One of the lots in question could allow our 3 or 4 family units just based upon sheer lot size, unit counts based on lot size. The multi -family area was always a buffer or transition zone between the single family to the west and the Basse family farm to the east, which is planned for future commercial business park -type land uses. At this time, the current developer is looking at rezoning two of those multifamily properties to single family. He has buyers that are interested that want single family and don't want to build a multi -family home. The petitioner is asking to bump the RS-2 zoning district over a little bit to the east. The two properties in question do not directly touch the adjacent commercial zoning, even though there isn't any commercial uses there now. All the properties that would stay multi -family would remain as the buffer between the single and multi -family zoning. At the public hearing for this at the last Common Council meeting, one person spoke and they were in favor of the rezoning. They live somewhere else in the neighborhood and thought this would be a nice addition and would actually rather see the single family than multi -family. None of the other multi -family lots have been built at this time. Commissioner Buckmaster recalls the planning and zoning when the original development was underway and looking at how Muskego has grown specifically in this area, he has no objections to this rezoning. Alderman Kubacki also mentioned that the buffer will still remain. Mayor Petfalski recommended the developer make sure to let the future buyers know what is possible on the commercial land adjacent to them. Alderman Kubacki made a motion to approve Resolution PC 040-2024. Commissioner Graf seconded. Motion to approve Resolution PC 040-2024 passed unanimously. RESOLUTION PC 044-2024 Approval of a Building, Site and Operation Plan Amendment for Smoke Ring BBQ located at Fleet Farm W 195 S6460 Racine Avenue / Tax Key No. 2177.996. Planner Trzebiatowski explained that as site approvals work for commercial properties when they want to have any kind of outdoor display, outdoor sales, outdoor vendors and basically anything outdoor that's more than a single event they need to amend their site approval. Approvals just inherently aren't allowed to have the outdoor displays or venders all over the parking lot. The petitioner here wants to locate their food truck weekly from 11:00 am to 6:00 pm until the end of November and the store has noted that they are OK with this food truck and the location. If they or any other vendor would want to sell here, now or in the future, they have to do the same approval process. Alderman Kubacki mentioned that It seems to be located in a fairly innocuous area away from everything. Mayor Petfalski said that one thing to consider is that the community likes the variety of food choices but the food trucks compete directly with our brick and mortar restaurants and Muskego being mainly a bedroom community with not much of a lunch crowd to restaurants it is rough to be a restaurant in Muskego. He likes that this is only for this year and he wants to see how it goes and hear more as they are open. Moving forward he doesn't want to get in this scenario where there are food trucks all over and then the brick and mortar restaurants that people that have put in millions of dollars of investment into the community and pay property taxes are competing directly with the next food truck. Commissioner Cieslak agreed that the Commission needs to limit food trucks to keep the support of the local businesses. Commissioner Bartlett made a motion to approve Resolution PC 044-2024. Commissioner Buckmaster seconded. Motion to approve Resolution PC 044-2024 passed unanimously. RESOLUTION PC 045-2024 Approval of a Building, Site and Operation Plan Amendment for The Local located at W 191 S6409 Hillendale Drive / Tax Key No. 2177.944. Planner Trzebiatowski noted that a while ago the petitioner did talk with city staff and the mayor to help figure out some plans for the challenging parking situation at this location. They did talk about some proposed ideas for some parking expansion in the back of the property where there was some underutilized space. The petitioner added some parking without Plan Commission review. The petition here is for approval of the parking lot expansion and for a garbage enclosure. Previously there was no garbage enclosure on site. There are 19 parking stalls in the new lot and the drive aisle and parking stalls meet the minimum requirements. The petitioner did not install the concrete curb and gutter that is typically required when rebuilding or expanding parking lots. This is focused on more dense areas in the City. There are no businesses adjacent to this property but the school property a few houses down does have curb and gutter. As for the garbage enclosure, it will be a solid fence. The petitioner has some curb stops, but if the Plan Commission is ok without curb and gutter around the parking area the petitioner has noted that they will be installing curb stops on the remainder of the site. Alderman Kubacki asked if staff was aware of any surface water issues with the surrounding properties. Planner Trzebiatowski said he was not aware of any. Alderman Kubacki asked if the lot was there previously or was this new asphalt. Planner Trzebiatowski said that the majority of the lot was previously paved. Commissioner Graf asked if there was any curb and gutter anywhere else in the area aside from the school. Planner Trzebiatowski said there was not. Commissioner Graf said that unless there was some issue with storm water runoff that he did not see the necessity of curbs. The curb stops are a necessity, but he is willing to relieve the requirement of curbs. Commissioner Cieslak noted that the curbs must be permanently attached instead of just loose. Commissioner Graf made a motion to approve Resolution PC 045-2024. Commissioner Oliver seconded. Commissioner Graf made a motion to amend Resolution PC 045-2024 to waive the curb requirement and add permanently attached parking stops. Commissioner Oliver seconded. Motion to amend Resolution PC 045- 2024 passed unanimously. Motion to approve Amended Resolution PC 045-2024 passed unanimously. RESOLUTION PC 046-2024 Approval of a Metal Accessory Structure for John and Cilvia Lewis located at W216 S10753 Crowbar Drive / Tax Key No. 2283.999.013. Planner Trzebiatowski provided an overview of the project. The metal accessory structure will be steel siding and steel roofing with colors to compliment the house. Other decorative features include trim wainscoting, cupula, an overhang porch type area. The building is located behind the home in a wooded area approximately 175 feet from the road for personal storage. Alderman Kubacki made a motion to approve Resolution PC 046-2024. Commissioner Oliver seconded. Motion to approve Resolution PC 046-2024 passed unanimously. RESOLUTION PC 047-2024 Approval of a Building, Site and Operation Plan Amendment for St. Leonards Parish located at W 173 S7743 Westwood Drive / Tax Key No. 2196.945. Planner Trzebiatowski explained that St. Leonard's Church is asking for a waiver to the screening requirement for mechanical units on their roof. The Design Guides encourage screening devices on mechanical units. This is addressed for new businesses as well as older businesses when they are replacing the mechanical units. Based upon staff visits staff recommends screening the north and east sides based on the visibility. Ward Komorowski and Karen Tenfel spoke on behalf of St. Leonard's Church. They are asking that no screening be required. Mr. Komorowski noted that the views from St. Leonard's drive is from between the existing houses. Based on the distance, even if screening was installed you wouldn't be able to tell whether it was screening or the unit. Along Westwood, the units are only visible for 17 degrees. The newer units are lower that the past units. Mr. Komorowski petitioned the neighbors and provided a list of neighbors that are ok without screening. Eighteen inches of the unit are visible above the parapet wall. Commissioner Buckmaster asked the purpose of the screening. Mayor Petfalski said it was aesthetics. Commissioner Buckmaster noted that what if the trees are not there or what about a new homeowner. Mayor Petfalski said that getting the neighbors to sign off along Janesville Road may be different than here. Also, when you purchase a house, someone will be buying the house knowing that the unit is there. This is not on a main thoroughfare. Commissioner Buckmaster thought initially that doing a partial screening would be good. Commissioner Cieslak asked if the cost was for fully screening or partial screening. The petitioner said that the cost was for fully screening the unit. Commissioner Cieslak said that the Ordinance is there for all and the thought of screening two sides would be a good compromise. He would not want to set a precedence regarding not screening mechanicals. Alderman Kubacki added that screening has been a standard issue. Commissioner Cieslak also mentioned that this is part of being a building owner. The petitioner said that this is a new resolution and this is an existing building and this is part of maintenance. The footprint of the unit is much smaller and the setback is 0.19 miles away. Alderman Kubacki said that the compromise is fair. Commissioner Graf asked if it is screened currently. The petitioner said that it was not. Commissioner Bartlett noticed in the resolution that a permit was required and during that time they noted that screening was required. Planner Trzebiatowski said that is when we find out about new units and reach out to the contractor to let them know screening is required. Commissioner Bartlett then said that they were aware of the screening prior to installing the units. Planner Trzebiatowski said that we assume the units are not installed as the permit has not been issued. Commissioner Oliver said that part of the screening he is concerned with is the aesthetics and is there anything that can be done as far as color choice to blend in to make the unit not look like a mechanical unit. The petitioner said they could paint the unit. Planner Trzebiatowski said that someone before wanted to wrap the unit and the Plan Commission did not look favorably on the idea. Commissioner Bartlett asked about the photos they are looking at now, how much smaller is the unit. The petitioner said 8 inches. Planner Trzebiatowski asked if the new unit is on the building. The petitioner said it was. Commissioner Cieslak asked if there are any options to do a unit mounted screen rather than a roof mounted screen. Commissioner Graf asked if it was painted the same color of the brick would you know that it's a screen or a unit. Mayor Petfalski agreed with Commissioner Graf and he doesn't think this give the effect that the Plan Commission is looking for. Commissioner Graf said that he thinks the paint is a reasonable compromise. Commissioner Buckmaster questioned that this may have been done before. Several commissioners said they would like the unit to be painted the color of the dark trim. Planner Trzebiatowski and Commissioner Cieslak would rather the paint color match the body of the building. Planner Trzebiatowski asked if the units can be painted as he has been told by other contractors that they could not. The petitioner said that they could. Commissioner Bartlett made a motion to approve Resolution PC 047-2024. Commissioner Buckmaster seconded. Motion to approve Resolution PC 047-2024 passed unanimously. Commissioner Graf made a motion to amend Resolution PC 047-2024 to have the petitioner paint the rooftop mechanical unit a color to match the body of the building in lieu of screening the mechanical unit. Alderman Kubacki seconded. Motion to amend Resolution PC 047-2024 passed 5-1 with Commissioner Bartlett voting nay. Motion to approve Amended Resolution PC 047-2024 passed 5-1 with Commissioner Bartlett voting nay. RESOLUTION PC 048-2024 Approval of a Building, Site and Operation Plan Amendment for the Muskego-Norway School District located at W183 S8750 Racine Avenue / Tax Key No. 2242.999. Planner Trzebiatowski explained that this is a project on the high school grounds. One of the issues we became aware of was the addition to the district office building. The original resolution stated that the addition was going to be a 100% match to the masonry of the existing building. While inspecting the addition there were differences in color, texture and materials of the masonry on the addition. The upper and lower portions of the building do not match. In the submittal it notes that the quarry of the original brick is not in operation anymore and working with different vendors they said there wasn't an exact match so they selected a comparable color. The other topic is behind the south side of the school, the original plans showed a small inside section of parking lot remaining. As part of the new parking layout there are three landscaping islands that would have needed curb with taller light bases that would have been lowered. The petitioner is asking for a waiver for the curbing and light bases as well as the exterior materials on the building. Alderman Kubacki is asking why they waited until the building was completed prior to bringing this to the Plan Commission. Chris Eger, the petitioner said a major change would be a different material. He also explained that the brick was impossible to match and would have been a blend that wouldn't look good so they picked a prick that was complementary not only to this building but to the campus. The brick band is an exact match. The petitioner also noted that concrete expands differently than masonry like brick and is a bad detail and they did not want to continue a bad detail. Alderman Kubacki asked that if he shared the information with the school district, why not share with the City. The petitioner said it was a mistake. Commissioner Oliver asked about the detail that they chose not to do and whether it was a structural factor, not just a design that they think is not aesthetically pleasing. The petitioner said that it is a detail that he would not do as an architect because it expands and contracts differently than brick does so they would need to use a concrete brick but that is going to expand differently in the same plane and creates cracking that would need to be maintained over time. Commissioner Oliver asked to confirm whether the detail they were not going to do was not brought up during the planning stages. Commissioner Cieslak understands the difference between concrete and brick but what he is missing the shadow line that is created by the existing trim, that we could have brought that out a little to match the detail a little better. As for the brick color, it is a mono -colored brick and there are variations that could have matched better. Aside from ripping it down at this point there is nothing you can do. Even trying to pull the brick out a little for the trim piece would have helped. Mayor Petfalski asked if the Plan Commission has any options. Planner Trzebiatowski noted that the Resolution is written for the waivers, but this is kind of a learning experience. Mayor Petfalski also noted that this could have been a very expensive mistake and he is not happy about it. Commissioner Buckmaster agreed and he would have expected more from Brey. Planner Trzebiatowski explained that the Resolution is written as waiving the requirement that the building be an exact match and waiving the interior curb requirements and allowing the light pole bases to remain. Mayor Petfalski noted that he is not as concerned about the parking and this could be considered maintenance with just putting a new topcoat of asphalt on. Jeremiah Johnson said that after year of construction the lots were pretty well destroyed and if the curbing requirement had been there it would not have fit within the budget. Mayor Petfalski added that the outside curbing is still there and the interior of the parking area was improved. Commissioner Graf made a motion to approve Resolution PC 048-2024. Commissioner Buckmaster seconded. Motion to approve Resolution PC 048-2024 passed unanimously. RESOLUTION PC 049-2024 Approval of a Building, Site and Operation Plan Amendment for Citizens Bank located at S75 W17358 Janesville Road / Tax Key No. 2193.088.001. Planner Trzebiatowski explained that Citizens Bank is seeking approval to change the color of their new construction build. A reddish -burgundy accent color was originally approved and due to a company rebranding the color will change to a deep purple that will be applied to the trim and overhang colors. Commissioner Bartlett made a motion to approve Resolution PC 049-2024. Alderman Kubacki seconded. Motion to approve Resolution PC 049-2024 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