Plan Commission Packet - 5/6/2014
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
May 6, 2014
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE APRIL 1, 2014 MEETING
PUBLIC HEARING
Badgerland Auto and Repair requests an expansion to the existing Conditional Use Permit
in accordance with the Muskego Zoning Ordinance for the purpose of adding vehicles sales
and additional auto repair services at the property located on the southeast corner of
Loomis Court and North Cape Road / Tax Key No. 2257.973.001.
CONSENT BUSINESS
Recommended for approval en gross.
RESOLUTION #P.C. 030-2014 - Approval of a mother-in-law unit for the Vorpagel property
located in the NE 1/4 of Section 13 (Tax Key No. 2209.929).
RESOLUTION #PC 031-2014 - Approval of an Accessory Structure for the Hoeppner
property located in the SW 1/4 of Section 21 (W182 S9326 Parker Drive / Tax Key No.
2243.994.002).
RESOLUTION #PC 034-2014 - Approval of a One Lot Extraterritorial Certified Survey Map
for the Mueller property located in the SE 1/4 of Section 11 in the Town of Waterford.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 032-2014 - Approval of a Building, Site and Operation Plan Amendment
for Merit Asphalt located in the SW 1/4 of Section 16 (S84 W18645 Enterprise Drive / Tax
Key No. 2223.994.010).
RESOLUTION #PC 033-2014 - Approval of a Conditional Use Grant Amendment and
Building, Site and Operation Plan Amendment for Badgerland Auto and Repair LLC located
in the NE 1/4 of Section 25 (SE corner of Loomis Ct. & North Cape Rd. / Tax Key No.
2257.973.001).
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
Unapproved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
April 1, 2014
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kathy Chiaverotti, Ald. Neil Borgman, Commissioners Bartlett, Buckmaster,
Stinebaugh, and Jacques. Also present: Director Muenkel and Recording Secretary McMullen.
Excused: Commissioner Hulbert
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws on March 27, 2014.
APPROVAL OF THE MINUTES OF THE MARCH 4, 2014 MEETING.
Commissioner Jacques made a motion to approve the minutes of the March 4, 2014
meeting. Alderman Borgman seconded.
Motion Passed 6 in favor.
CONSENT BUSINESS
Recommended for approval en gross.
Commissioner Jacques made a motion to approve CONSENT BUSINESS engross.
Commissioner Buckmaster seconded.
Motion Passed 6 in favor.
RESOLUTION #PC 027-2014 - Approval for the Sale of Plants and Flowers
for Stein Just Plants at the Kohls property located in the SW 1/4 of Section 2
(S68 W15388 Janesville Road / Tax Key No. 2167.995.008).
RESOLUTION #PC 028-2014 - Approval for the Sale of Plants and Flowers
for Andrew Werner (A.W. Greenhouses) at the Lincoln Point Plaza property
located in the NW 1/4 of Section 1 (S63 W13700 Janesville Road / Tax Key
No. 2162.997).
RESOLUTION #PC 029-2014 - Approval of a Three Lot Extraterritorial
Certified Survey Map for the Seidler property located in SE 1/4 of Section 1 in
the Town of Waterford.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 026-2014 - Recommendation to Common Council to Rezone a property
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 in the NE 1/4 of
Section 17 (S80 W19109, S80 W19083 and S80 W19065 Janesville Road / Tax Key No
2225.980, 2225.981, 2225.982, and 2221.021).
Commissioner Jacques made a motion to approve RESOLUTION #PC 026-2014 -
Recommendation to Common Council to Rezone a property 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 in the NE 1/4 of
Section 17 (S80 W19109, S80 W19083 and S80 W19065 Janesville Road / Tax Key No
2225.980, 2225.981, 2225.982, and 2221.021). Commissioner Buckmaster seconded.
Commissioner Buckmaster made a motion to AMEND Resolution #PC 026-2014 to
remove: BE IT FURTHER RESOLVED, That Mercury Drive construction plans will
have to be approved by the city Engineer at building permit time that will include
accel/decal lanes on Mercury Drive around the entrance to the development.
And to add the following: BE IT FURTHER RESOLVED, That a Plan Commission
review shall take place within 6 months of occupancy of the structure and that the
review shall look at any traffic issues around the Mercury Drive entrance to the
development as well has how this may affect the intersection of Janesville Road and
Mercury Drive. Said review may include requirements for the developers to build road
improvements to alleviate traffic issues if found necessary.
BE IT FURTHER RESOLVED, That the Plan Commission approves of allowing 9’x18’
parking stalls for the development.
BE IT FURTHER RESOLVED, That with the allowance of 9’x18’ parking stalls the
development shall show a larger offset off the south property line in order to
accommodate landscaping along this area.
BE IT FURTHER RESOLVED, That with the allowance of 9’x18’ parking stalls the
development shall show a 20 foot offset off the east property line.
Commissioner Jacques seconded.
Motion Passed 6 in favor.
Motion Passed 6 in favor.
Discussion took place with concern relating to traffic on Janesville Road at Mercury Drive. Mr.
Ziegler mentioned that they will instruct their employees to come from Racine Ave. to Apollo
Dr. to Mercury Dr. to enter and exit the building.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn at 6:36 PM. Commissioner
Jacques seconded.
Motion Passed 6 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
I 0 9 7 5 1 , 9 5 0 4 8 7 . 5 F e e tScale:
L e g e n d
A f f e c t e d A r e a
P r o p e r t i e s w i t h i n 3 0 0 f t
R i g h t - o f - W a y
M u n i c i p a l B o u n d a r y
P a r c e l s
S t r u c t u r e s
L a k e L o o m i s R d .
No
r
t
h
C
a
p
e
R
d
.
CITY OF MUSKEGO NOTICE OF PUBLIC HEARING P L E A S E T A K E N O T I C E t h a t t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f M u s k e g o w i l l h o l d a P u b l i c H e a r i n g a t 6 : 0 0 P M o n T u e s d a y , M a y 6 , 2 0 1 4 , i n t h e M u s k e g o R o o m o f C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , t o c o n s i d e r t h e f o l l o w i n g : U p o n t h e p e t i t i o n o f R y a n U r b a n ( B a d g e r l a n d A u t o a n d R e p a i r L L C ) s h a l l t h e f o l l o w i n g a r e a k n o w n a s : T a x K e y N u m b e r 2 2 5 7 . 9 7 3 . 0 0 1 / S o u t h e a s t C o r n e r o f L o o m i s C t . & N o r t h C a p e R d . b e g r a n t e d a n e x p a n s i o n t o t h e e x i s t i n g C o n d i t i o n a l U s e P e r m i t i n a c c o r d a n c e w i t h t h e M u s k e g o Z o n i n g O r d i n a n c e f o r t h e p u r p o s e o f a d d i n g v e h i c l e s s a l e s a n d a d d i t i o n a l a u t o r e p a i r s e r v i c e s f r o m t h i s p r o p e r t y . T h e p e t i t i o n e r s a p p l i c a t i o n i s a v a i l a b l e f o r p u b l i c i n s p e c t i o n a t t h e C i t y o f M u s k e g o C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t . A l l i n t e r e s t e d p a r t i e s w i l l b e g i v e n a n o p p o r t u n i t y t o b e h e a r d . P l a n C o m m i s s i o n C i t y o f M u s k e g o P u b l i s h i n t h e M u s k e g o N O W N e w s p a p e r o n A p r i l 2 4 , 2 0 1 4 . D a t e d t h i s 1 6 t h d a y o f A p r i l , 2 0 1 4 N O T I C E I T I S P O S S I B L E T H A T M E M B E R S O F A N D P O S S I B L Y A Q U O R U M O F M E M B E R S O F O T H E R G O V E R N M E N T A L B O D I E S O F T H E M U N I C I P A L I T Y M A Y B E I N A T T E N D A N C E A T T H E A B O V E - S T A T E D M E E T I N G A N D G A T H E R I N F O R M A T I O N ; N O A C T I O N W I L L B E T A K E N B Y A N Y G O V E R N M E N T A L B O D Y A T T H E A B O V E - S T A T E D M E E T I N G O T H E R T H A N T H E G O V E R N M E N T A L B O D Y S P E C I F I C A L L Y R E F E R R E D T O A B O V E I N T H I S N O T I C E . N O T I C E " P l e a s e n o t e t h a t , u p o n r e a s o n a b l e n o t i c e , e f f o r t s w i l l b e m a d e t o a c c o m m o d a t e t h e n e e d s o f d i s a b l e d i n d i v i d u a l s t h r o u g h a p p r o p r i a t e a i d s a n d s e r v i c e s . F o r a d d i t i o n a l i n f o r m a t i o n o r t o r e q u e s t t h i s s e r v i c e , c o n t a c t t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t a t C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , ( 2 6 2 ) 6 7 9 - 4 1 3 6 . "
L o o mis Ct.
L o o m i s D r .
City of Muskego
Plan Commission Supplement PC 030-2014
For the meeting of: May 6, 2014
REQUEST: Approval of a Mother-in-Law/Family Unit
Tax Key No. 2209.929 / W124 S8220 S North Cape Rd
NE ¼ of Section 13
PETITIONER: Mark Vorpagel
INTRODUCED: May 6, 2014
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 030-2014
The petitioner is proposing to construct a mother-in-law/family unit within the existing dwelling at
the above address. Mother-in-law/family units are allowed as a permitted accessory use in
residential zonings subject to certain conditions.
STAFF DISCUSSION PC 030-2014
As stated, mother-in-law/family units are allowed as a permitted accessory use in residential
zonings subject to the following conditions:
Mother-in-Law/Family Units: Any portion of a single family residence, intended to be
occupied by a resident(s) related through blood, marriage or adoption to a host residence
occupant, being no greater than 800 square feet in size, that has an indepe ndent wing or
area that is self -supporting in terms of livable needs (i.e. unit includes a kitchen, bath,
den and bedroom), but is dependent on utility infrastructure of the primary residence.
Access to this wing or area may be obtained via one door to th e outside and a second
non-lockable door or passage way to the main portion of the host residence. Access is
permitted to a garage area having no service door.
All such requests are subject to building, site, and operational plan approval of the Plan
Commission following written notice being distributed by the Plan Commission to
neighboring property owners within 100 feet of the subject property.
The petitioned mother-in-law/family unit shows that it will be used by related persons to the
family, will be self-supporting in livable needs and will have a passage to the main residence and
a door to the outside. The petitioned mother -in-law/family unit is 577 square feet in size. The
proposal meets all of the code requirements.
STAFF RECOMMENDATION PC 030-2014
Approval of Resolution # PC 030-2014
MUSK EG Othe City of
Ar ea o f Inte restI090180
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 03 0-2014
Mar k Vor pa ge l W1 24 S82 20 S. No rth C ap e Rd
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /2 9/2 0 14
RESOLUTION #P.C. 030-2014
APPROVAL OF A MOTHER-IN-LAW UNIT FOR THE VORPAGEL PROPERTY
LOCATED IN THE NE ¼ OF SECTION 13
(TAX KEY NO. 2209.929 / W124 S8220 S North Cape Rd)
WHEREAS, On April 11, 2014 a petition for a mother-in-law/family unit was submitted by Mark
Vorpagel for the property located in the NE ¼ of Section 13, (Tax Key No. 2209.929 / W124
S8220 S North Cape Rd), and
WHEREAS, Said property is zoned RS-1 Suburban Residence District where a mother-in-
law/family unit is allowed as a permitted accessory use as long as the following objectives are
met:
1. Must be occupied by a resident(s) related through blood, marriage or adoption to a host
residence occupant.
2. Must be no greater than 800 square feet in size.
3. Must have an independent wing or area that is self-supporting in terms of livable needs
(i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility
infrastructure of the primary residence. Access to this wing or area may be obtained via
one door to the outside and a second non-lockable door or passage way to the main
portion of the host residence. Access is permitted to a garage area having no service
door.
4. Subject to Plan Commission approval with written notice to residents within 100 feet of
the property, and
WHEREAS, The petitioned mother-in-law/family unit shows that it will be used by related persons
to the family, will be self -supporting in livable needs and will have a passage to the main
residence and a door to the outside, and
WHEREAS, The petitioned mother-in-law/family unit is proposed to be 577 square feet in size.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the mother-in-
law/family unit for the Vorpagel residence located in the NE ¼ of Section 13, (Tax Key No.
2209.929 / W124 S8220 S North Cape Rd).
BE IT FURTHER RESOLVED, The mother-in-law/family unit must be used by related persons to
the family, must be self-supporting in livable needs, must have a non-lockable passage to the
main residence and a door to the outside, and cannot exceed 800 square feet.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the mother-in-law/family
unit at 577 square feet.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 6, 2014
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 031-2014
For the meeting of: May 6, 2014
REQUEST: Accessory Structure - Metal Roof
W182 S9326 Parker Drive (Tax Key No. 2243.994.002)
SW ¼ of Section 21
PETITIONER: Karl Hoeppner
INTRODUCED: May 6, 2014
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 030-2014
The petitioner is proposing to construct a 924 square foot accessory structure on site. Plans are attached for your
review. PC approval is required as this is a second accessory structure on the lot and the metal roof does not
match the materials of the roof on the home.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are appropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 030-2014
Comprehensive Plan: The 2020 Plan depicts the area for Low Density Residential uses. The proposal
for a residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned A-1, Agricultural District. Accessory structures totaling
2% of the total land area of the parcel is permitted on the subject property. The
proposal is to add a new 924 square foot accessory structure. There is an
existing storage box on the lot that is to be removed. The proposal meets the
bulk requirements of the Zoning Code except the architectural req uirements of
accessory structures due to the roof material.
STAFF DISCUSSION PC 026-2013
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to a roof being proposed as steel when the
primary residence is asphalt shingle. Further, PC approval is always required when more than one accessory
structure is proposed for a residential lot as an existing 16x8 accessory structure (with materials already matching
the house) currently exists on the property.
The structure is proposed to be constructed with white Dutch lap siding and overhead doors matching the materials
and colors of the house. The proposal does not meet the Plan Commission’s standards for administrative approval
of residential accessory structures as the roofing is proposed as steel but will have a color matching the primary
house roof.
The location of this building is over 500 feet from the street.
The Resolution also states the following items:
BE IT FURTHER RESOLVED, That the existing 16x8 accessory structure on the lot requires a permit approval
before the permit approval of the new accessory structure.
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or
concrete slab per the Zoning Code and it must meet all applicable building codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the
house.
STAFF RECOMMENDATION PC 030-2014
Approval of Resolution #PC 030-2014, finding that there will be no undue harm to the surrounding
properties and the building is located over 500’ from the nearest street.
RESOLUTION #P.C. 031-2014
APPROVAL OF AN ACCESSORY STRUCTURE FOR THE HOEPPNER PROPERTY
LOCATED IN THE SW ¼ OF SECTION 21
(TAX KEY NO. 2243.994.002 / W182 S9326 PARKER DRIVE)
WHEREAS, A site plan and building drawings were submitted by Karl Hoeppner to construct a 864 square foot
second accessory structure on their property located at W182 S9326 Parker Drive (Tax Key No. 2243.994.002),
and
WHEREAS, The property is zoned A-1, Agricultural District and said structure is a permitted accessory use and
subject to Plan Commission review due to the proposed architectural materials, and
WHEREAS, There is an existing house on the property with a 16x8 accessory structure and storage box (that is
to be removed), and
WHEREAS, The total allowed square footage for accesso ry structures on this property is limited to 2% of the total
land area, and said proposal of a 924 accessory structure meets the bulk requirements of the Zoning Code along
with still allowing the existing 16x8 accessory structure , and
WHEREAS, The structure is proposed to be constructed with white Dutch lap siding and overhead doors
matching the materials and colors of the house and said proposal does not meet the Plan Commission’s
standards for administrative approval of residential accessory structures as the roofing is proposed as steel but
will have a color matching the primary house roof , and
WHEREAS, The accessory structure will have overhangs similar to the home, and
WHEREAS, The structure is located over 500’ from the nearest street.
THEREFORE BE IT RESOLVED, That the Plan Commission approves a 924 square foot accessory structure
submitted by Karl Hoeppner for their property located at W182 S9326 Parker Drive (Tax Key No. 2243.994.002).
BE IT FURTHER RESOLVED, That the existing 16x8 accessory structur e on the lot requires a permit approval
before the permit approval of the new accessory structure.
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block,
or concrete slab per the Zoning Code and it must meet all applicable building codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the
house.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue
harm to the surrounding properties and the building is located over 500’ from the nearest street.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans
shall result in the issuance of fines of $100 per day per violation, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 6, 2014
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 034-2014
For the meeting of: May 6, 2014
REQUEST: Extraterritorial Certified Survey Map to Combine Two Lots into One
SE ¼ of Section 11, Town of Waterford
PETITIONER: Richard Mueller
INTRODUCED: May 6, 2014
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 034-2014
The property is located along N. Tichigan Road in the Town of Waterford. The CSM is to combine two lots into one
and is within the extraterritorial review authority of the City as defined by State Statute.
STAFF DISCUSSION PC 034-2014
The petitioner is proposing to create one (1) new parcel, which will be 13,010.21 square feet in size.
There will be no adverse drainage impacts to the City of Muskego.
STAFF RECOMMENDATION PC 034-2014
Approval of Resolution # PC 034-2014
RESOLUTION #P.C. 034-2014
APPROVAL OF A ONE LOT EXTRATERRITORIAL CERTIFIED SURVEY MAP FOR THE
MUELLER PROPERTY LOCATED IN THE SE ¼ OF SECTION 11 IN THE
TOWN OF WATERFORD
WHEREAS, On April 23, 2014 a Certified Survey Map combining two lots into one was submitted
by Richard Mueller for a property located in the SE ¼ of Section 11, Town of Waterford, and
WHEREAS, This property is located within the jurisdiction of the extraterritorial powers of the City
of Muskego and approval by the Plan Commission is necessary under the City’s subdivision
regulations, and
WHEREAS, There will be no adverse drainage impacts to the City of Muskego as determined by
the City Engineer, and
WHEREAS, The Town of Waterford must also approve all certified survey maps within their
jurisdiction.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the extraterritorial
Certified Survey Map combining two lots into one submitted by Richard Mueller for a property
located in the SE ¼ of Section 11, Town of Waterford, and recommends the same to the
Common Council.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: May 6, 2014
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 032-2014
For the meeting of: May 6, 2014
REQUEST: Building, Site, and Operation Plan Amendments for Merit Asphalt
Tax Key No. 2223.994.010 / S84 W18645 Enterprise Drive
SW ¼ of Section 16
PETITIONER: Troy Loomis - Merit Asphalt
INTRODUCED: May 6, 2014
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 032-2014
On April 15, 2014 a submittal was received from Merit Asphalt to add an additional 1,440 SF of
warehouse space to their existing warehouse and office facility in order to meet the needs of their growing
business.
CONSISTENCY WITH ADOPTED PLANS 032-2014
Comprehensive Plan: The 2020 Plan depicts the property for industrial uses. The petition is
consistent with the Plan.
Zoning: The property is zoned M-2, General Industrial. The use is permitted subject
to BSO approval.
STAFF DISCUSSION PC 032-2014
As mentioned above, the proposal is for Merit Asphalt, a local Muskego Business Park business, to
expand their existing warehouse/office structure by 1,440 sq ft in more warehousing/maintenance space
to aid their growing company. Merit Asphalt is located along Enterprise Drive. The addition will extend
off the southern portion of the existing building and the existing external operations and parking/acc ess
will remain the same as today.
The building addition is proposed to be clad with steel wall panels, a steel roof, and rib steel wainscot
along the bottom. All materials and colors proposed will match the existing building materials found on
the existing structure. Plan Commission usually has allowed additions that match the existing materials
of the principal structure to remain even if 50% masonry is not found. Thus, approval is recommended
below as submitted.
No new lighting or landscaping is required for the addition given the location.
The permit for this project is subject to Fire Department review for any Fire Access Lane needs and any
moving of gas tanks.
STAFF RECOMMENDATION PC 032-2014
Approval of Resolution PC 032-2014.
MUSK EG Othe City of
Ar ea o f Inte rest
0 130 260
Fee t
Ag en da Item(s)
Pr op er tie s
Zon in g D istr ic ts
Rig ht -o f-Way
Hy dr og rap hy
Supp lem ental MapRESOLUTION #PC 03 2-2014
Mer it Asph alt S8 4 W 186 45 En te rp ris e D rive
J A N E S V I L L E
L O O M I S R D
RA
CIN
E
AV
DURHAM
W O O D S
CO LL EG E
Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /2 9/2 0 14
RESOLUTION #P.C. 032-2014
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
MERIT ASPHALT LOCATED IN THE SW ¼ OF SECTION 16
(TAX KEY 2223.994.010 / S84 W18645 ENTERPRISE DR)
WHEREAS, On April 15, 2014 a submittal was received from Merit Asphalt located at S84
W18645 Enterprise Drive (Tax Key No. 2223.994.010), and
WHEREAS, An addition of 1,440 sq ft is proposed to add on more warehousing/maintenance
area to the facility, and
WHEREAS, The new addition is proposed to be clad with steel wall panels, a steel roof, and rib
steel wainscot along the bottom and all materials and colors proposed will match the existing
building materials found on the existing structure, and
WHEREAS, The General Design Guide calls for commercial/industrial structures to be 50%
masonry at Planning Commission discretion and the addition proposed matches the material
usage found along the other facades of the structure, and
WHEREAS, The addition will extend off the southern portion of the existing building and the
existing external operations and parking/access will remain the same as today, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan for Merit Asphalt located at S84 W18645 Enterprise Drive (Tax Key No.
2223.994.010).
BE IT FURTHER RESOLVED, That the permit for this project is subject to Fire Department
review.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: May 6, 2014
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 033-2014
For the meeting of: May 6, 2014
REQUEST: CUG and BSO Amendment for Badgerland Auto and Repair LLC
Loomis Court and North Cape Road
Tax Key No. 2257.973.001
NE ¼ of Section 25
PETITIONER: Ryan Urban
INTRODUCED: May 6, 2014
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski AICP
BACKGROUND PC 033-2014
The parcel is located off of Loomis Court and North Cape Road (USH 45). This site contains two
buildings. The southern building was originally approved for mini-storage units and office/retail space.
The northern building originally contained mini-storage units and now contains two auto/repair related
businesses. These two building locations were on two separate parcels at one time but when the
northern building was built, the two parcels were joined into one. The BSO and CUG approvals for this
site were approved under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, and #P.C.
025-2007. An annual review is required for the site operations.
The petitioner would like to amend the previously approved BSOs and CUG to now allow minor auto
repair to occur in the southern building and to allow auto sales on the site. The auto sales office will be
within the southern building.
STAFF DISCUSSION PC 033-2014
As stated above, the petitioner would like to be able to sell cars from this property along with minor
auto repairs associated with the for sale vehicles. Due to the existing uses on site, staff is
recommending no more than four (4) vehicles for sale on the northern portion of the site and one (1)
vehicle for sale next to the vehicle sales office in the southern building. The location of these vehicles
cannot interfere with any other businesses/parking on site.
There were a few items of concern noted on site that must be addressed as follows before occupancy
can be allowed for the new business:
There was a dumpster, an RV, and a trailer on site which are not allowed to be stored
outdoors. These items must be removed from the site, stored within the screened storage
area down the street, or located within one of the buildings.
There were a few vehicles parked on site that were not parked in marked/approved stalls on
site, including parking to the east of the northern building and to the north of the southern
building. All vehicles parked/stored on site must be within marked and approved stalls.
Much of the asphalt driveway/parking surfaces on the site are in rough shape and may be in
need of repair/resurfacing in the near future. Due to thi s, during the next annual review it may
be required that the site be repaved/resurfaced.
Along with the new proposal the previous annual review requirement for this site remains in effect and
all previous regulations and conditions of approval for this site remain in effect.
A few other conditions of approval noted within the resolution are as follows:
BE IT FURTHER RESOLVED, That the allowance of the minor auto repair within the southern building
is only allowable in association with the sale of vehicles from this building and if the vehicle sales
cease operations, then said repair use is no longer allowable in the southern building.
BE IT FURTHER RESOLVED, Non-existent or warn-out pavement markings are present for the
parking stalls throughout the entire site and as such the parking stalls throughout this entire property
must be newly marked within one month of this resolution, according to the most recently approved
plan.
BE IT FURTHER RESOLVED, That the previously marked stall parallel to the southern mini-storage
unit building can no longer be used for parking as this was previously for U-Haul parking.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited,
except for a price sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law.
STAFF RECOMMENDATION PC 033-2014
Approval of Resolution # PC 033-2014 with the contingencies/conditions stated above.
RESOLUTION P.C. 033-2014
APPROVAL OF AN AMENDED CONDITIONAL USE GRANT AND BUILDING, SITE, AND OPERATION
PLAN FOR BADGERLAND AUTO AND REPAIR LOCATED ON THE GEORGE ALEX AND ROBERT
JACOB PROPERTY LOCATED IN THE NE ¼ OF SECTION 25
(TAX KEY NO. 2257.973.001)
WHEREAS, An amendment to the approved Building, Site, and Operation Plan and Conditional Use Grant
for Badgerland Auto and Repair was submitted on April 11, 2014 (Tax Key No. 2257.973.001), and
WHEREAS, The parcel contains a Conditional Use Grant and Building, Site and Operation plan that was
adopted by the Plan Commission for a mini-storage warehouse building with office space (southern
building) and for a building with mini-storage warehouses and an auto repair business (northern building)
for the property located on Loomis Court and on North Cape Road (USH 45) for George Alex and Robert
Jacob, most recently under Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, and #P.C.
025-2007, and
WHEREAS, The site approvals to date do not allow auto repair out of the southern building and do not
allow car sales on site anywhere, and
WHEREAS, The petitioner, Ryan Urban of Badgerland Auto and Repair, is now requesting to be allowed
auto sales on site and to be allowed auto repair to occur within the southern building, and
WHEREAS, The proposed new minor auto repair is specifically related to the repair and prep of vehicles
that are going to be sold, and
WHEREAS, Relating to the auto sales, the parking areas on the northern portion of the site can contain no
more than four (4) vehicles for sale at any one time and the location of these vehicles cannot interfere with
any other businesses/parking on site, and
WHEREAS, Auto sales near the southern building are limited one (1) stall next to the building with the
other stall being used for customer parking, and
WHEREAS, There was a dumpster, an RV, and a trailer on site which are not allowed to be stored
outdoors, and
WHEREAS, There were a few vehicles parked on site that were not parked in marked/approved stalls on
site, including parking to the east of the northern building and to the north of the southern building, and
WHEREAS, Much of the asphalt driveway/parking surfaces on the site are in rough shape and may be in
need of repair/resurfacing in the near future.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and
Building, Site, and Operation Plan amendment for Ryan Urban, of Badgerland Auto and Repair, to the
George Alex and Robert Jacob property subject to the contingencies listed below.
BE IT FURTHER RESOLVED, That no more than five (5) vehicles for sale are allowed outdoors on this
property, which is allocated to four (4) vehicles for sale in the northern parking areas of the site and one
(1) vehicle for sale next to the southern building, and all sale vehicles must be in marked and approved
stalls and the location of these vehicles cannot interfere with any other businesses/parking on site.
BE IT FURTHER RESOLVED, That the allowance of minor auto repair within the southern building is only
allowable in association with the sale of vehicles from this building and if the vehicle sales cease
operations, then said repair use is no longer allowable in the southern building.
BE IT FURTHER RESOLVED, Non-existent or warn-out pavement markings are present for the parking
stalls throughout the entire site and as such the parking stalls throughout this entire property must be
newly marked within one month of this resolution, according to the most recently approved plan.
BE IT FURTHER RESOLVED, That the previously marked stall parallel to the southern mini-storage unit
building can no longer be used for parking as this was previously for U-Haul parking.
BE IT FURTHER RESOLVED, That the dumpster, RV, and trailer on site must be removed from the site,
stored within the screened storage area down the street, or located within one of the buildings.
BE IT FURTHER RESOLVED, That all vehicles parked/stored on site must be within marked and
approved stalls.
BE IT FURTHER RESOLVED, Due to the rough condition of much of the asphalt on site, during the next
annual review it may be required that the site be repaved/resurfaced.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles for sale is prohibited, except
for a price sign hanging from the rear view mirror and for vehic le disclosure information to be visible as
required by State Law.
BE IT FURTHER RESOLVED, That any issues/violations noted above must be addressed before
occupancy can be granted for the use of the new building.
BE IT FURTHER RESOLVED, That the previous annual review for this site still remains in effect.
BE IT FURTHER RESOLVED, All aspects of previous regulations and conditions of approval for this site
are all still in effect.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 6, 2014
ATTEST: Kellie McMullen, Recording Secretary