Plan Commission Packet - 3/3/2015
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
March 3, 2015
6:30 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 FEBRUARY 3, 2015 MEETING.
PUBLIC HEARING
Public Hearing for the renewal of a Conditional Use Grant in accordance with Section 14 of
the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued
mining and processing of sand and gravel, and the extension of use of an asphalt plant at
the NW corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section
13 (Tax Key No. 2230.996 / W217 S8425 Crowbar Road.
Public Hearing for Emmaus Fellowship Church requesting a Conditional Use Permit in
accordance with the Muskego Zoning Ordinance for the purpose of allowing religious
facilities within a portion of the Storage Master - Mug Place building located at S66 W1444
Janesville Road / Tax Key No. 2165.973).
CONSENT BUSINESS
Recommended for approval en gross.
RESOLUTION #PC 007-2015 - Renewal of a Conditional Use Grant for the purpose of
continued mining and processing of sand and gravel, and the extension of use of an asphalt
plant for Payne & Dolan in the NE 1/4 and SE 1/4 of Section 17 (Tax Key No. 2230.996 /
W217 S8425 Crowbar Drive).
RESOLUTION #PC 010-2015 - Approval of an Annual Review for the Durham Hill Auto
property located in the NE 1/4 of Section 25 (S98 W12578 Loomis Drive / Tax Key No.
2257.982.002).
RESOLUTION #PC 011-2015 - Approval of an Annual Review for Midwest Auto Doctor for
auto sales at the property located in the NW 1/4 of Section 16 (Tax Key No. 2221.016 / S81
W18510 Gemini Drive).
RESOLUTION #PC 012-2015 - Approval of an Annual Review for Schaefer Snowplowing
and Grading LLC located in the NW 1/4 of Section 29 (W195 S9775 Racine Ave / Tax Key
No. 2274.998).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 008-2015 - Approval of an Annual Review for the George Alex / Robert
Jacob property located in the NE 1/4 of Section 25 (Tax Key No. 2257.973.001 / S98
W12575 Loomis Court & W125 S9912 North Cape Road).
Plan Commission Agenda 2
March 3, 2015
RESOLUTION #PC 009-2015 - Approval of an Annual Review for Frey Auto located in the
NE 1/4 & SE 1/4 of Section 34 (S107 W16311 Loomis Road / Tax Key No. 2296.996 &
2293.996.002).
RESOLUTION #PC 013-2015 - Approval of a Conditional Use Grant and Building Site and
Operation Plan Amendment for Mug Place (inside Storage Master) for Emmaus Fellowship
at the property located in the NE 1/4 of Section 2 (Tax Key No. 2165.973 / S66 W1444
Janesville Road).
RESOLUTION # PC 014-2015 - Approval of a Building, Site, and Operation Plan for
DeWinter Eye Care located in the NE 1/4 of Section 3 (Tax Key No. 2198.948 / Janesville
Road and Bay Lane Drive).
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
February 3, 2015
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:15 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Ald. Wolfe, Commissioners Bartlett and Jacques, Director
Muenkel and Recording Secretary McMullen.
Absent: Commissioners Stinebaugh, Buckmaster and Hulbert
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws on January 28, 2015.
APPROVAL OF THE MINUTES OF THE JANUARY 6, 2015 MEETING
Commissioner Jacques made a motion to approve the minutes of the January 6, 2015
meeting. Alderman Wolfe seconded.
Motion Passed 4 in favor.
CONSENT BUSINESS
Recommended for approval en gross.
Commissioner Jacques made a motion to approve CONSENT BUSINESS engross.
Alderman Wolfe seconded.
Motion Passed 4 in favor.
RESOLUTION #PC 002-2015 - Approval for the sale of fireworks for Vince and Heather Siegel
at the Jetz Fuel property located in the SW 1/4 of Section 2 (Tax Key No. 2167.995.011 / S69
W15461 Janesville Road).
RESOLUTION #PC 006-2015 - Approval of a 2-Lot Certified Survey Map for the Switala
property located in the SE 1/4 of Section 10 (Tax Key No. 2200.094 / S77 W15973 Woods
Road).
NEW BUSINESS FOR CONSIDERATION
#PC 003-2015 - Discussion of a Conceptual Two Lot Land Division for the Loomis property
located in the NW 1/4 of Section 14 (Tax Key No. 2214.997.004 / S82 W15435 Mystic Drive).
The Commissioners discussed this item and there were no concerns.
Plan Commission Minutes 2
February 3, 2015
RESOUTION #PC 004-2015 - Approval of a Building, Site and Operation Plan for John Jewell
for a temporary parking lot at the property located in the NE 1/4 of Section 9 (Tax Key No.
2193.070 / S75 W17226 Janesville Road).
Commissioner Jacques made a motion to approve RESOUTION #PC 004-2015 -
Approval of a Building, Site and Operation Plan for John Jewell for a temporary
parking lot at the property located in the NE 1/4 of Section 9 (Tax Key No. 2193.070 /
S75 W17226 Janesville Road). Alderman Wolfe seconded.
Motion Passed 4 in favor.
RESOLUTION #PC 005-2015 - Approval of a Business, Site and Operation Plan Amendment
for Body By Design located in the NE 1/4 of Section 16 (Tax Key No. 2222.984.003 / S81
W18461 Gemini Drive).
Commissioner Jacques made a motion to approve RESOLUTION #PC 005-2015 -
Approval of a Business, Site and Operation Plan Amendment for Body By
Design located in the NE 1/4 of Section 16 (Tax Key No. 2222.984.003 / S81 W18461
Gemini Drive). Alderman Wolfe seconded.
Motion Passed 4 in favor.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 6:35 PM. Alderman Wolfe
seconded.
Motion Passed 4 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
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CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:30 PM on Tuesday, March 3, 2015, at the City Hall, W182 S8200 Racine Avenue, to consider the following: Upon the petition of Payne & Dolan Company shall the following described land as addressed as W217 S8425 Crowbar Road be granted a renewal of Conditional Use in accordance with Section 6.07 (7) of the Muskego Zoning Ordinance for the purpose of continued mining and processing sand and gravel, extension of the accessory use (asphalt plant) located on the NW corner of Crowbar Road and Janesville Road (CTH L). A parcel of land located in the NE 1/4 and SE 1/4 of Section 13, T5N, R19E, City of Muskego, Waukesha County, Wisconsin; and a parcel of land located in the NW 1/4 and SW 1/4 of Section 18, T5N, R20E, City of Muskego, Waukesha County, W isconsin; and, a parcel of land located in the SW 1/4 of the SW 1/4 of Section 7, T5N, R20E, City of Muskego, Waukesha County, Wisconsin, as described in vol. 1010, page 297 of Deeds. Detailed descriptions are available for public inspection at the Department of Community Development. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on February 19, 2015. Dated this 27th day of January, 2015. 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 AND GATHER INFORMATION; NO ACTION W ILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE "Please note that, 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 the Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679-4136."
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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 : 3 0 P M o n T u e s d a y , M a r c h 3 , 2 0 1 5 , 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 e v . R i c h a r d A n d r e w s o n b e h a l f o f E m m a u s F e l l o w s h i p 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 1 6 5 . 9 7 3 / S 6 6 W 1 4 4 4 4 J a n e s v i l l e R o a d b e g r a n t e d a 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 l l o w i n g r e l i g i o u s f a c i l i t i e s w i t h i n a p o r t i o n o f t h e e x i s t i n g b u i l d i n g . 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 F e b r u a r y 1 2 , 2 0 1 5 a n d F e b r u a r y 1 9 , 2 0 1 5 . D a t e d t h i s 4 t h d a y o f F e b r u a r y , 2 0 1 5 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 . "
City of Muskego
Plan Commission Supplement PC 007-2015
For the meeting of: March 3, 2015
REQUEST: Renewal of a Conditional Use Grant for the purpose of continued mining and
processing of sand and gravel and the exten sion of use of an asphalt plant
Crowbar Road / Janesville Road
NE ¼ and SE ¼ of Section 13, T5N R19E
PETITIONER: Payne & Dolan
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski , AICP
BACKGROUND PC 007-0015
Petitioner seeks approval of the required annual review for continued mining and processing of
sand and gravel and the extension of use of an asphalt plant.
PLAN CONSISTENCY PC 007-2015
Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and
extractive land use. The proposal is consistent with the Plan.
Zoning:
The M-3, Landfill & Extractive District, allows extractive operations
by conditional use grant. A CUG was previously approved for the
extractive operations and asphalt plant. An annual review is
required as a condition of approval.
Park and Conservation
Plan
No parks are proposed in the area. High Conservation Priority is
along Crowbar Road, specifically as a view corridor. The current
extractive operations are far removed from this area. P & D has
continuously improved this area of their site through restoration,
slope stabilization, and plantings. The proposal is consistent with
the Plan.
Street System Plan: The Street System Plan indicates Crowbar Road to be a 100’
ultimate right -of-way. No dedication is required at this time.
Utility Service Areas: The property is served by private sewer and private water.
DISCUSSION PC 007-2015
A site inspection on February 18, 2015 revealed the site to be well maintained. The site is paved
where product is picked up. Erosion control practices are followed; no m aterials are tracked off
site.
Payne & Dolan does not have a schedule for 2015 night -time operations and trucking at this time.
When night operations are scheduled, past notification practices will be followed . This includes
sending letters regarding their evening operations to affected property owners, accompanied by a
phone number for complaints.
There were no complaint s received last year regarding night trucking.
A Reclamation Plan was submitted and appr oved in 2002 as per Chapter 38 of the Muskego
Ordinance. There is an existing $287,000 bond for site restoration on file with the City. In 2010
the Plan Commission wanted the bond amount to be re-evaluated every five (5) years to ensure
the bond is suffic ient enough to be able to properly reclaim the site if needed. This makes 2015 a
re-review year. As such, Payne & Dolan has re -evaluated the bond amount and have agreed to
use the original calculations for the cost of the work and apply the consumer pric e index to raise
the bond to $317,000. The amount of work that would need to be completed to reclaim the site
has remained substantially the same since 2010. The original basis for the 2010 calculation
($287,000) was based on the following: That 1 dozer and 2 scrapers would take about 10 weeks
(@ 50 hours/week) to grade the perimeter of the lake. The cost would be about $175/hour
equaling approx. $262,000. An additional $25,000 was added for seeding/restoration totaling the
$287,000.
STAFF RECOMMENDATION PC 007-2015
Approval of Resolution # PC 007-2015
MUSK EG Othe City of
Ar ea o f Inte restI08601,720
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Supp lem ental MapRESOLUTION #PC 00 7-2015
Pa yne & Do lan W2 17 S84 25 Cr ow bar
J A N E S V I L L E
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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 : 2 /1 0/2 0 15
RESOLUTION #P.C. 007-2015
APPROVAL OF PERMIT RENEWAL FOR THE CONDITONAL USE GRANT #37 AND THE
APPROVAL FOR THE RENEWAL OF THE CONTINUED OPERATION OF THE ASPHALT
PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND SE ¼ OF
SECTION 13, T5N, R20E
WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal
of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and
WHEREAS, That request also includes renewal for the operation of the asphalt plant, and
WHEREAS, All fees have been paid and the public hearing will be held befor e the Plan
Commission on March 3, 2015, and
WHEREAS, There is an existing $287,000 bond for site restoration on file with the City, and
WHEREAS, In 2010 the Plan Commission wanted the bond amount to be re -evaluated ever five
(5) years to ensure the bond is sufficient enough to be able to properly reclaim the site if needed,
and
WHEREAS, Payne & Dolan re-evaluated the bond amount and have agreed to rais e the bond to
$317,000 based on the scope of work and the consumer price index, and
WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as
per Resolution #P.C. 113-2002, and
WHEREAS, Per the Conditional Use Grant , the petitioner will self-regulate the monitoring of
trucking and provide neighbors with information of contact personnel to resolve potential disputes,
and
WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego
Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such
received an automatic permit for operation from the Wisconsin DNR.
THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby
approve the renewal of the extraction permit for the Conditional Use Grant #37 and the approval
for the renewal of the permit for continued operation of the asphalt plant on Crowbar Road.
BE IT FURTHER RESOLVED, That Payne & Dolan are altering their site restoration bond to
$317,000 and said bond must be filed with the City of Muskego.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 010-2015
For the meeting of: March 3, 2015
REQUEST: Annual Review for Durham Hill Auto
S98 W12578 Loomis Drive / Tax Key No. 2257.982.002
NE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski , AICP
BACKGROUND PC 010-2015
Petitioner seeks approval of the required annual review for the operations at S98 W12578 Loomis
Drive.
In 2005, the petitioner received CUG and BSO Plan amendments to allow the continued operation of
an auto sales business. The BSO included a site plan outlining exact marked parking stalls with areas
to be restored to green space (i ncluding landscaping). There were additional BSO amen dments
approved by the Plan Commission under Resolution # P.C. 079 -2006 and # P.C. 067-2007.
STAFF DISCUSSION PC 010-2015
An inspection was completed on February 18, 2015 and compliance was not found as there were
numerous vehicles found throughout the lot not matching the originally approved Plan Commission site
plan. A letter was sent to the owners and they corrected all issues by February 25, 2015.
STAFF RECOMMENDATION PC 010-2015
Approval of Resolution # PC 010-2015
MUSK EG Othe City of
Ar ea o f Inte restI0125250
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Supp lem ental MapRESOLUTION #PC 01 0-2015
Du rha m Hill Au to S9 8 W 125 78 L oo mis D rive
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RESOLUTION #P.C. 010-2015
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO
LOCATED IN THE NE ¼ OF SECTION 25
(S98 W12578 LOOMIS DRIVE / TAX KEY NO. 2257.982.002)
WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building,
Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto
located at S98 W12578 Loomis Drive, and
WHEREAS, There were BSO Amendments approved under Reso lution P.C. 079-2006 and P.C.
067-2007, and
WHEREAS, The property is zoned B -4, Highway Business, and current uses are allowed by right
and by Conditional Use Grant, and
WHEREAS , The approved Building, Site, and Operation Plan specifically referred to a s ite plan
that showed marked parking stalls for customer and vehicle sales, areas to be restored to green
space, and areas of landscaping, and
WHEREAS, A site inspect ion was completed on February 18, 2015 and compliance was not
found as there were numerous vehicles found throughout the lot not matching the originally
approved Plan Commission site plan. This iss ue was corrected by February 25, 2015.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual
review for Durham Hill Auto.
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 Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 011-2015
For the meeting of: March 3, 2015
REQUEST: Annual Review for Midwest Auto Doctors LLC
Tax Key No. 2221.016 / S81 W18510 Gemini Drive
NW ¼ of Section 16
PETITIONER: David Iglewski – Midwest Auto Doctor LLC
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 011-2015
In 2012 Midwest Auto Doctor LLC received a Conditional Use Grant (CUG) and Building Site and
Operation Plan (BSO) approval for auto sales by Resolut ion PC 018-2012. The approval also required an
annual review. The approval was based on the following conditions:
1. No more than five (5) vehicles can be for sale on the property at any one time.
2. All sale vehicles must be stored indoors or screened from pu blic view within the rear
fenced area.
3. No junk vehicles can be parked anywhere on site at any time.
STAFF DISCUSSION PC 011-2015
A Planning Department site inspection on February 18, 2015 was conducted for site compliance relating
to the annual review. The site inspection revealed that the site was in compliance.
STAFF RECOMMENDATION PC 011-2015
Approval of Resolution PC 011-2015
MUSK EG Othe City of
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Midw es t Au to Do cto r S8 1 W 185 10 G emin i D r ive
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RESOLUTION #PC 011-2015
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR
AUTO SALES FOR MIDWEST AUTO DOCTOR LLC
LOCATED IN THE NW ¼ OF SECTION 16
(S81 W18510 GEMINI DRIVE / TAX KEY NO. 2221.016)
WHEREAS, The Plan Commission approved a Conditional U se Grant and Business, Site and Operation
Plan amendment for sale of automobiles at the property located at S81 W18510 Gemini Drive (Tax Key No.
2221.016) on March 6, 2012 by Resolution #PC 018-2012, and
WHEREAS, The property is zoned M -2, General Industrial District, and said use is allowed by Conditional
Use Grant, and the Plan Commission has required an annual review as a condition of the approval, and
WHEREAS, Approved plans permit the following:
1. No more than five (5) vehicles can be for sale on the p roperty at any one time.
2. All sale vehicles must be stored indoors or screened from public view within the rear fenced
area.
3. No junk vehicles can be parked anywhere on site at any time.
WHEREAS, A site inspection was completed on February 18, 2015 and compliance was found.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Midwest Auto
Doctor, subject to compliance with all Conditional Use Grant conditions of approval.
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and 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 thi s resolution shall
result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 012-2015
For the meeting of: March 3, 2015
REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC
W195 S9775 Racine Avenue / Tax Key No. 2274.998
NW ¼ of Section 29
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski , AICP
BACKGROUND PC 012-2015
The Plan Commission originally authorized an annual review for the property for every year in the month of
August until further notice. The petitioner received Plan Commission approval as per PC Resolutions #155 -
1990 and 012-2004. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 012-2015
Comprehensive Plan:
The 2010 Plan depicts the area for agriculture and open lands use. The
use as a business existed and is consistent with the Plan.
Zoning:
The property is zoned A -1 Agricultural District. The proposal is consistent
with the Municipal Code and past petitions.
DISCUSSION PC 012-2015
Th e property has had prior approvals for the snowplowing and grading business since 1990. The property
currently has an existing 252’ x 60’ metal farm pole building of which 40’ is used for shop area and the rest
used for the agricultural practice of the property. The property also houses an approved 32’ x 40’ salt storage
structure. The previous approved resolutions both state that no outside storage of any equipment or LP fuel
tanks be located next to the building, and that the business be limited to 17 drivers. Plan Commission
requested the annual review during the approvals of February 2004 to make sure the site does not become
unsightly and that the outside storage is outside of the public view and mostly contained in the approved
storage buildings.
Upon a site inspection on February 18, 2015, Planning Division staff found the site to be in good shape. Barely
anything was visible from Racine Avenue. There was only a small area down the driveway that had a few
vehicles within it.
STAFF RECOMMENDATION PC 012-2015
Approval of Resolution PC 012-2015
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RESOLUTION #P.C. 012-2015
APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING AND
GRADING LLC LOCATED IN THE NW ¼ OF SECTION 29
(W195 S9775 RACINE AVENUE / TAX KEY NO. 2274.998)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan f or Schaefer
Snowplowing and Grading LLC at the property located at W195 S9775 Racine Avenue as per
Resolution #P.C. 155-1990, and
WHEREAS, The Plan Commission approved an amended Building, Site and Operation Plan for
Schaefer Snowplowing Resolution #P.C. 012-2004, and
WHEREAS, Conditions of approval included the following:
1. No outside storage of any equipment, LP fuel tanks be located next to the building,
and the business be limited to 17 drivers, and
2. Annual Plan Commission review, and
WHEREAS, The yearly review was moved to March of each year, with the other annual reviews,
so that the site can be viewed more easily due to the crops not growing on that property at that
time of the season, and
WHEREAS, Staff met with Mr. Schaefer in early 2009 to discus s the ongoing cleanup of the site
and it was agreed that Mr. Schaefer would begin to remove any storage of vehicles that exist on
the east side of the main accessory structure to the southern and western sides of the structure
to further reduce outside storage, unless the vehicles are being actively used on that day for
business purposes, and
WHEREAS, Upon a site inspection on February 18, 2015, Planning Division staff found the site
to be in good shape with only a few vehicles being visible from the road, way back towards the
building.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of
the Building, Site and Operation plan for Schaefer Snowplowing and Grading LLC at the property
located at W195 S9775 Racine Avenue.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site
and Operation Plan shall result in the imposition of fines of $100 per day per violation, the
initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 008-2015
For the meeting of: March 3, 2015
REQUEST: Annual Review for the George Alex / Robert Jacob Property (Mini -Storage and Auto
Repair)
Loomis Court and North Cape Rd. (USH 45) / Tax Key No 2257.973.001
NE ¼ and SE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski , AICP
BACKGROUND PC 008-2015
This parcel is located off of Loomis Court and North Cape Road (USH 45). The site contains two
buildings. The southern building contains mini -storage units and an office/retail space, last used by
Badgerland Auto. The northern building contains two auto repair related business. 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, #P.C. 025-2007, and #P.C. 033-
2014. An annual review is required. The basic conditions of the approvals are as follows:
1. An auto repair business may operate out of the northern building on the site.
2. Auto sales and detailing can occur from the southern building on the si te.
3. There can be no more than five (5) vehicles for sale on this property in the pre -approved
locations.
4. The southern building’s office area is limited to only have five (5) small motor vehicles for
outdoor display. These displays can only be out during b usiness operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the
northeastern portion of the site. The fencing of this area must include brown colored privacy
slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times
within the fenced area at the northeastern part of the site, with the exception of three (3) U -
Haul trucks parked east of the newer building.
STAFF DISCUSSION PC 008-2015
A site inspection was completed on February 18, 2015 and the site was found to not be in compliance
due to finding three (3) trailers and a truck parked to the east and northeast of the northern building,
which is not allowable per the approved plans . A letter was sent to the owner that day giving them
until first thing on February 25, 2014 to come into compliance. A follow-up inspection was then
conducted on February 25 and the same trailers were still observed plus a few additional trucks were
parked behind the building in non-marked stalls, which hindered access through this portion of the site.
Due to this non-compliance, staff has drafted the resolution to state that the Plan Commission orders
full compliance within ten (10) days from the date of this approval or citations will be issued without
further notice.
STAFF RECOMMENDATION PC 008-2015
Approval of Resolution # PC 008-2015, subject to the compliance conditions noted above and
within the resolution.
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RESOLUTION P.C. 008-2015
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-
STORAGE WAREHOUSES AND AUTO REPAIR FOR GEORGE ALEX AND ROBERT JACOB
FOR THE PROPERTY LOCATED ON LOOMIS COURT AND NORTH CAPE ROAD
(TAX KEY NO. 2257.973.001)
WHEREAS, The property contains a Conditional Use Grant and Building, Site and Operation
plan that was adopted by the Plan Commission for one mini -storage warehouse building with
office space and for a building with mini-storage warehouses and an auto repair busines s 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, #P.C. 025-2007, and #P.C. 033-2014, and
WHEREAS, The site conditions of approval included:
1. An auto repair business may operate out of the northern building on the site.
2. Auto sales and detailing can occur from the southern building on the site.
3. There can be no more than five (5) vehicles for sale on this property in the pre-approved
locations .
4. The southern building’s office area is limited to only have five (5) small motor vehicles
for outdoor display. These displays can only be out during business operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the
northeastern portion of the site. The fencing of this area must include brown colored
privac y slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all
times within the fenced area at the northeastern part of the site, with the exception of
three (3) U-Haul trucks parked east of the newer building, and
WHEREAS, A site inspection was completed on February 18, 2015 and the site was found to not
be in compliance due to finding three (3) trailers and a truck parked to the east and northeast of
the northern building, which is not allowable per the approved plans . On a follow-up inspection
conducted on February 25th the same trailers were still observed with a few additional trucks
parked behind the building in non-marked stalls, which hindered access through this portion of
the site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review for
the Conditional Use Grant and the Building, Site, and Operation plan for the George Alex and
Robert Jacob property.
BE IT FURTHER RESOLVED, That due to the non-compliance issues, the Plan Commission
orders full compliance within ten (10) days from the date of this approval or citations will be
issued without further notice.
BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the
March meeting of every calendar year.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall
result in the imposition of fines of $100 per day per violation, the initiation of legal action or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 009-2015
For the meeting of: March 3, 2015
REQUEST: Annual Review for Frey Auto
S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski , AICP
BACKGROUND PC 009-2015
Petitioner received an amended approval in Resolution #PC 082 -2005 and #PC 068-2007 to operate an auto
sales establishment from these sites. Both properties are zoned B -4 and the use is permitted by Conditional
Use Grant in the district. The most recent amendment for these sites states the following:
1. Not more than 44 vehicles can be maintained on the site for sale at any one time.
2. Not more than 14 customer vehicles can be parked on the site at any one time.
3. Not more than 7 employee vehicles can be parked on the site at any one time.
4. Not more than 42 vehicles can be parked within the fenced area at any one time.
5. Not more than 18 loaner vehicles across the street on the north side of Muskego Dam Drive.
6. No vehicles can be used as signage.
7. The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage of the rental vehicles
only.
8. 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 DISCUSSION PC 009-2015
A Planning Department site inspection on February 18, 2015 was conducted for site compliance relating to the
annual review. The site inspection revealed that an unapproved parking lot expansion occurred to the south
of the existing sales car lot that consists of a gravel driveway with parking/display on the grass. Staff
talked with the owner and he stated that he ran out of space so he needed to do this to have a place to
locate his vehicles. As such, the Plan Commission needs to determine if they are willing to allow the
temporary parking area to remain. The resolution is currently written to allow the temporary parking to be
allowed to remain until May 1, 2015 and by that time all vehicles/storage must be removed from said
temporary parking area. The resolution also states the following relating to said parking area:
BE IT FURTHER RESOLVED, That once all vehicles/storage are removed, as required
above, the site must be fully restored to its original condition (lawn), including the removal of
all gravel, by May 1, 2015.
BE IT FURTHER RESOLVED, That only temporary occupancy of the new Frey Auto site
(known as Tax Key No. 2293.996.002) can be granted until all of the above noted restorations
have successfully occurred.
BE IT FURTHER RESOLVED, That the restoration of this temporary parking area will be the
responsibility of Jacob Frey (Frey Auto) and failure to meet the required deadlines will result in
the possible issuance of citations and the revocation of occupancy of the new Frey Auto site
(known as Tax Key No. 2293.996.002).
Since construction on the new Frey Auto site/building across the street is nearing completion staff feels
that this use may be allowable by the Plan Commission, if they so feel fit.
STAFF RECOMMENDATION PC 009-2015
Approval of Resolution # PC 009-2015, subject to all conti ngencies listed in said resolution.
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RESOLUTION #P.C. 009-2015
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE
ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES AT THE PROPERTY LOCATED
IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W 16311 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant amendment for sale of
automobiles at the property located at S107 W16311 Loomis Road (Tax Key Nos. 2296.996 &
2293.996.002) on November 1, 2005 by Resolution #PC 082-2005, and
WHEREAS, There was an additional BSO Amendment approved under Resolution P.C. 068 -2007,
and
WHEREAS, The property is zoned B -4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual re view as a condition of the
approval, and
WHEREAS, Approved plans permit the following:
A maximum of forty -four (44) vehicles for sale to be displayed in the specified sales
areas,
A maximum of fourteen (14) customer vehicles awaiting repairs,
A maximum of seven (7) employee vehicles parked on site,
A maximum of forty -two (42) vehicles parked within the fenced in area,
A maximum of eighteen (18) loaner vehicles parked across the street on the gravel
lot,
No vehicles can be used as signage,
The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage
of the rental vehicles only,
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 informatio n to be
visible as required by State Law, and
WHEREAS, A site inspection was completed on February 18, 2015 and it was discovered that an
unapproved parking lot expansion occurred to the south of the existing sales car lot that consists
of a gravel driveway with parking/display on the grass , and
WHEREAS, Construction on the new Frey Auto site/building across the street is nearing
completion and once temporary occupancy is granted for the use of that site, then all Frey Auto
activities and storage will be relocated to the new site.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto,
subject to compliance with all Conditional Use Grant conditions of approval and those found below.
BE IT FURTHER RESOLVED, That the temporary parking lot expansion be allowed to remain until
May 1, 2015 and by that time all vehicles/storage must be removed from said temporary parking area.
BE IT FURTHER RESOLVED, That once all vehicles/storage are removed, as required above, the site
must be fully restored to its original condition (lawn), including the removal of all gravel, by May 1,
2015.
BE IT FURTHER RESOLVED, That only temporary occupancy of the new Frey Auto site (known as
Tax Key No. 2293.996.002) can be granted until all of the above noted restorations have successfully
occurred.
BE IT FURTHER RESOLVED, That the restoration of this temporary parking area will be the
responsibility of Jacob Frey (Frey Auto) and failure to meet the required deadlines will result in the
possible issuance of citations and the revocation of occupancy of the new Frey Auto site (known as
Tax Key No. 2293.996.002).
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and all aspects of this pl an 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 Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 013-2015
For the meeting of: March 3, 2015
REQUEST: Conditional Use Grant and Building Site and Operation Plan Amendment for Storage
Master’s Mug Place / Emmaus Fellowship
S66 W1444 Janesville Road / Tax Key No. 2165.973
NE ¼ of Section 2
PETITIONER: Rev. Richard Andrews
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 013-2015
The petitioner is requesting a Conditional Use Grant (CUG) and Building Site and Operati on Plan (BSO)
amendment approval for the use of the existing Mug Place (within the Storage Master building) to be
used for religious services/activities.
The public hearing for this item is being held in front of the Pla n Commission on March 3, 2015.
PLAN CONSISTENCY PC 013-2015
Comprehensive Plan: The 2020 Plan depicts the areas for industrial use. The proposal is
consistent with the Plan, with the approval of a Conditional Use Grant .
Zoning: The property is zoned M-2 General Industrial District and the proposed
use is allowed by right subject to the approval of a Build ing, Site, and
Operation Plan and a Conditional Use Grant (CUG).
Park and Open Space Plan: No acquisitions are proposed in this area. The proposal is consistent
with the Plan.
Conserva tion Plan:
The site contains no conservation priorities. The proposal is consistent
with the Plan.
Street System Plan: No road dedications are required as part of this proposal. The proposal
is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: Public sanit ary sewer serves the property. The proposal is consistent
with the plan.
Water Capacity Assessment
District: The property is serviced with water. The proposal is consistent with the
Plan.
Stormwater Management
Plan: On-site stormwater management is not required as part of this project .
The proposal is consistent with the Plan.
DISCUSSION PC 013-2015
The petitioner is requesting to be allowed to use Mug Place, a portion of the existing Storage Master
building, for church/religious activities . There is an existing CUG on this property for the mini -storage use
and the newly proposed activities will be in addition to those existing uses. At this time there are no
proposed changes to the building/site. There currently is a large parking lot along the south side of the
building to accommodate the parking needs to the additional use. The newly proposed religious activities
are proposed to be on Sundays from 8:00 AM to 2:00 PM.
The CUG application states that the applicant would like to use some temporary signage on the site as
part of their use. The only temporary signage that the code allows regularly is a sandwich board sign,
located completely on the property (not within the right -of-way), this is allowed to be out on days of
service during service times. Once the services end, the sandwich board must be removed. The
proposal notes about using banners also on the site. This is not allowable as an every week use.
Banners, and other temporary signage, are only allowable on a limited basis per the City’s temporary sign
regulations with a permit from the Planning Division and are not allowable every day or every service day.
Banners are only allowed for five (5) fifteen (15) day periods each calendar year, with proper permits.
Staff recommends approval based upon the conditions listed above and in the resolution.
STAFF RECOMMENDATION PC 013-2015
Approval of Resolution PC 013-2015
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RESOLUTION #P.C. 013-2015
APPROVAL OF A CONDITIONAL USE GRANT AND A BUILDING SITE AND
OPERATION PLAN AMENDEMENT FOR EMMAUS FELLOWSHIP
LOCATED IN THE NE ¼ OF SECTION 2
(S66 W1444 JANESVILLE ROAD / TAX KEY NO. 2165.973)
WHEREAS, On January 30, 2015 plans were submitted by Emmaus Fellowship for a Conditional Use Grant
(CUG) and a Building, Site and Operation Plan Amendment for the operations of a religious facility at Mug
Place (inside the Storage Master facility) located in the NE ¼ of Section 2 (S66 W1444 Janesville Road /
Tax Key No. 2165.973), and
WHEREAS, The property is zoned M -2, General Industrial District, and the church/religious institution use
requires a Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and
WHEREAS, A Public Hearing was held on March 3, 2015 in front of the Plan Commission for the proposed
use, and
WHEREAS, There is a large parking lot on the south side of the building with ample parking for the
proposed use, and
WHEREAS, The plans do not include any alterations to the exterior of the building, and
WHEREAS, Temporary signage has been proposed on the site.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and
Building, Site, and Operation Plan for the operati on of a church/religious institution for Emmaus Fellowship
located with Mug Place (inside Storage Master) at S66 W1444 Janesville Road (Tax Key No. 2165.973).
BE IT FURTHER RESOLVED, That relating to temporary signage, only a sandwich board sign, located
completely on the property (not within the right-of-way), can be allowed on days of service during service
times.
BE IT FURTHER RESOLVED, That any other temporary signage, including banners, are only allowable on a
limited basis per the City’s temporary sign regulations with a permit from the Planning Division and are not
allowable every day or every service day.
BE IT FURTHER RESOLVED, That any changes to the exterior of the building and/or to the site will require
additional Planning Division and/or Plan Commission approvals, as no exterior or site changes are approved
as part of this approval.
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 initiati on of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 014-2015
For the meeting of: March 4, 2014
REQUEST: Building Site and Operation Plan Approval for a New Medical/Office Building for DeWinter
Eye Care Center
Tax Key No. 2198.948
NE ¼ of Section 3
PETITIONER: CHRISBEN III, LLC
INTRODUCED: March 3, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 014-2015
Petitioners have submitted a Building, Site and Operation plan to construct a 6,010 square foot office
building on the southwest corner of Janesville Road and Bay Lane Drive.
PLAN CONSISTENCY PC 014-2015
Comprehensive Plan: The 2020 Plan depicts the areas for commercial use. The proposal is
consistent with the Plan.
Zoning: The property is currently zoned DR-1 (Downtown Revival District). The
structures conform to the bulk dimension requirements of the District.
Park and Open Space Plan: No acquisitions are proposed in this area. The proposal is consistent
with the Plan.
Street System Plan: Janesville Road and Bay Lane Drive were previously dedicated. The
proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: Public sanitary sewer serves the property. The proposal is consistent
with the Plan.
Water Capacity Assessment
District: The property is served by public water service. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
Stormwater management is not required as the property has less than
half an acre of additional impervious surfaces . The proposal is
consistent with the Plan.
Design Guide s The Downtown Design Guide and General Design Guide govern this
area. The proposed appears to meet the requirement s of the guides
well and this is discussed in more detail below.
Redevelopment District #2 The parcel is located in the City’s Redevelopment District #2. The
Community Development Authority already discussed this during the
rezoning and recommended that this development continue as long as
proper Planning Commission and Council approvals are sought. The
RD #2 Plan calls for the redevelopment of this parcel as it is in a key
location of the City’s downtown.
DISCUSSION PC 014-2015
As stated above, the petitioner requests BSO approval for a new office structure on the southwest corner
of Janesville Road and Bay Lane Drive. This is the former Firestone parcel that was bought by
Waukesha County as part of the Janesville Road reconstruction. CHRISBEN III, LLC bought this
property from the County and is looking to build the DeWinter Eye Care Center upon it.
The proposed building will be 6,010 square feet situated on a 0.61 acre site. A site plan, grading plan,
landscape plan, elevations, and the narrative have been submitted as part of this BSO request.
Architecture
This area of the City is governed by the Downtown Design Guide and General Design Guide. The
proposed design of the building appears to meet the design guides well.
The Downtown Design Guide requires 50% masonry and four sided architecture to be used. The guide
also promotes reducing the amount of asphalt that is viewed fr om the road for parking areas, colors to be
non-fluorescent, and landscaping to complement the building. Lastly, the Guide calls for many items that
the local Redevelopment District Plan calls for:
Enhance the image, profile, and use of downtown Muskego
Provide a new sense of place with a downtown identity
Demonstrate market driven principles that work within the economic landscape of Muskego
Provide the downtown area, and indeed the entire community, with an identity that adequately
reflects the local quality of life and the affluence of City households
Promote the following types of uses:
Design Character
Traditional town center/modern ‘main-street’
Buildings squarely facing the street
Buildings closer to street, parking behind
Pedestrian scale – walkable, accented storefronts
Taller building profiles – downtown centerpoint and landmark
Variable roof -lines
Transitional massing blending with surrounding architecture
Sense of place/downtown identity
Mix Use
Possible upper end condos (professionals & ‘empt y nesters’)
Destination and convenience retail (no ‘big boxes’)
Smaller floor plate retail
Shared parking
Multiple purpose trips
Convenience
Density
Possible Mid-Rise heights: Somewhat higher than City norm
Built in consumer market for downtown businesse s
Greater TIF revenues
More efficient public services/utilities
Interconnected activity centers
Downtown anchor and landmark
The General Design Guide calls for 50% masonry product and the proposed structu re more than meets
said requirement. The building wall materials used consist of split -face CMU, brick, and EFIS and the
colors currently are proposed to be light browns/tans and grays. The colors are currently shown on the
colored rendering.
The architecture of the building shows multiple variations in the materials and building details. Windows
are a dominant part of the northern elevation and the proposed column like features help to add design
features to the building. Overall the design and architectural elements of the building match the design
guidelines that are desired along Janesville Road.
As always, the Plan Commission will want to personally consider if enough four sided architectural
elements are found on all four facades of the proposed building.
Site Plan, Access, and Parking
The 0.61 acre site is currently vacant and formerly housed the old Firestone building. The proposed site
would be accessed by one access point off of Bay Lane Drive on the southern portion of the site . The
City’s codes typically encourage cross -access, but the petitioners have stated that due to their need to
maximize parking on their site and the adjacent uses, cross -access does not work with their layout and as
such is not proposed. Vehicular access meets code throughout the site as two -way drive aisles and are
at least 24 feet in width.
Parking is shown to include 31 stalls , all meeting the city code dimensions of 10’ x 20’. The number of
parking stalls provided meets the identified needs of the proposed business based on the number of
employees and customers .
A path/sidewalk is shown to connect the new development to the City’s new path/sidewalk along
Janesville Road. Relating to the path/sidewalk along Bay Lane Drive, it currently dead ends near the
intersection. At this time no extension is needed as the Cit y will soon be looking into designs and
consideration for the reconstruction of Bay Lane Drive, including the implementation of new
paths/sidewalks. Since no path/sidewalk will need to be extended by the petitioner, there may still be a
need to modify the grading plan to accommodate the location of a possible new future path/sidewalk
along/near the eastern lot line. Any grading changes would occur at building permit time subject to
review by the City Engineer.
Fire Department Approval
The site plan is sti ll subject to Fire Department approvals at the time of building permits.
Dumpsters/Refuse Containers/Mechanicals
A dumpster enclosure is proposed in the southwest corner of the site. The enclosure is listed as being
10’ x 20’ in size and clad with board on board fencing. The resolution states that a detailed drawing of the
refuse enclosure must be provided before building permits can be issued. Also, the enclosure must be
colored to match the colors of the main building and the access gates must also be wood, as is the rest of
the refuse enclosure.
Relating to any possible large ground mounted electrical transformers, if any are needed they must be
located south of the south building façade and appropriately landscaped. There are also some rooftop
mechanicals that are currently shown to be screened on all sides but not to the north. As such, additional
screening must be added on the north side of the roof mechanicals to screen them or view diagrams must
be provided showing that these rooftop mechanical s will not be visible from the Janesville Road view
shed. The resolution also includes the typical note that states t hat all roof top, building mount, and/or
ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view
and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the
Community Development Department.
Landscaping
A landscape plan has been submitted as part of the proposal. Review of the landscape plan is pend ing
and the City Forester will work with the petitioner based upon any changes/additions that are needed
based on any Plan Commission comments and/or staff review comments. Final landscape approvals
must occur before building permits will be able to be is sued.
The plans currently includes plantings throughout portions of the site, but there are some areas where
landscaping is typically required/seen where the current plans do not show landscaping. Areas that
should be looked at for possible additional landscaping include along the foundation of the building on the
east and south sides of the building as these areas will be visible from public view. Given the layout of
the site, it also seems appropriate to have landscaping along the front (north side) of the parking lot
between the parking lot and the northern lot line. Also, there typically is landscaping betwe en adjacent
sites . Lastly, additional landscaping is typically seen around mechanicals and refuse enclosures. The
Plan Commission can review the preliminary plans and see if they would like any additional/altered
landscaping. It has been stated that there may be a future opportunity to install some new board on
board fencing along the western and southern lot lines to further enhance the aesthet ics of the site. This
is yet to be determined if this will happen or not, but if it does, it might negate the need for landscaping
near the adjacent properties.
Signage
Detailed signage is not part of the submittal at this time. There is some conceptual signage shown on the
elevations, but all signage (temporary and permanent) will require separate formal sign permits.
Lighting
Specific light fixtures are not part of the submittal at this time. Final photometric plans and lighting details
must be approved before building permits can be issued and all lighting fixtures must be full cut -off with a
zero degree tilt, the concrete bases for the pole lights cannot exceed 6 inches in height above grade, and
the height of any light poles cannot exceed the great er of 15’ or the eve height of the building. Also, the
lighting levels at the lot lines should not exceed 0.5 foot -candles. The resolution is drafted stating such
conditions.
Sewer, Water, Storm water, Grading
The development will be served by existing p ublic sanitary sewer and water. S tormwater management is
not required as the added impervious surfaces are less than half an acre. Final site drainage/grading
plans will be reviewed by the Engineering Department before building permits can be issued. Th e
proposal is consistent with the plan.
Other
In addition to conditions of approval listed above, the following items are also part of the Plan
Commission resolution:
BE IT FURTHER RESOLVED, That a formal Plat of Survey will be required at the time of b uilding permit
submittal to ensure compliance with all zoning setbacks and offsets.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the principal
structure.
BE IT FURTHER RESOLVED, That any new handicap signs be in corporated into bored bollards.
STAFF RECOMMENDATION PC 014-2015
Approval of Resolution PC 014-2015.
Staff recommends approval of the new BSO subject to the conditions listed above and any possible Plan
Commission discussions points.
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 01 4-2015
CH RISBEN III, LL CS73 W 164 37 Ja nes v ille Ro ad
J A N E S V I L L E
L O O M I S R D
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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 : 2 /2 0/2 0 15
RESOLUTION #P.C. 014-2015
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR
DEWINTER EYE CARE CENTER LOCATED IN THE NW ¼ OF SECTION 10
(S73 W16437 JANESVILLE ROAD / TAX KEY NO. 2198.948)
WHEREAS, On February 20, 2015 Building, Site and Operation Plans were submitted for DeWinter
Eye Care Center by CHRISBEN III, LLC (S73 W16437 Janesville Road / Tax Key No. 2198.948),
and
WHEREAS, The proposal is to build a new single story medical/office/retail structure for DeWinter
Eye Care totaling 6,010 square feet, and
WHEREAS, The proposed use is an allowed use in the DR-1 (Downtown Revival) District, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for commercial land use, and
WHEREAS, The property is currently served by municipal sanitary sewer an d municipal water, and
WHEREAS, This site is governed by the Downtown Design Guide and the General Design Guide,
and
WHEREAS, The Downtown Design Guide requires 50% masonry, four sided architecture, reducing
the amount of asphalt that is viewed from the road for parking areas, colors to be non-fluorescent,
landscaping to complement the building, along with many characteristics that the local
Redevelopment District #2 Plan calls for, and
WHEREAS, The Design Guides call for 50% masonry product and the proposed structure more
than meets said requirement , and
WHEREAS, The building wall materials used consist of split -face CMU, brick, and EFIS and the
colors currently are proposed to be light browns/tans and grays , and
WHEREAS, The design and architectural elements of the building match the design guidelines that
are desired along Janesville Road, and
WHEREAS, The proposed site would be accessed by one access point off of Bay Lane Drive on the
southern portion of the site, and
WHEREAS, Vehicular access meet s code throughout the site as two-way drive aisles are at least
24 feet in width, and
WHEREAS, 31 parking stalls are shown to service the site, all of which meet the city code
dimensions of 10’ x 20’, and
WHEREAS, The number of parking stalls provided meets the identified needs of the proposed
business based on the number of employees and customers, and
WHEREAS, The site and building plans are subject to Fire Department approvals, and
WHEREAS, A 10’ x 20’ board on board dumpster enclosure is proposed in the southwest corner of
the site, and
WHEREAS, A landscape plan has been submitted as part of the proposal and review is pending,
and
WHEREAS, A path/sidewalk is shown to connect the new development to the City’s new
path/sidewalk along Janesville Road, and
WHEREAS, Formal/detailed s ignage is not part of the submittal at this time, and
WHEREAS, Lighting specifics have not been submitted at this time, and
WHEREAS, Stormwater management is not required as the impervious surfaces on the property
are less than an acre and as such, t he proposal is consistent with the plan.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Building, Site and
Operation Plan for DeWinter Eye Care Center by CHRISBEN III, LLC (S73 W16437 Janesville Road
/ Tax Key No. 2198.948).
BE IT FURTHER RESOLVED, The site plan is still subject to Fire Department approvals at the time
of building permits.
BE IT FURTHER RESOLVED, That final site drainage/grading plans will be reviewed by the
Engineering Department before building permits can be issued.
BE IT FURTHER RESOLVED, That a formal Plat of Survey will be required at the time of building
permit submittal to ensure compliance with all zoning setbacks and offsets.
BE IT FURTHER RESOLVED, That a detailed drawing of the refuse enclosure must be provided
before building permits can be issued and it must be colored to match the colors of the main
building and the access gates must also be wood, as is the rest of the refuse enclosure .
BE IT FURTHER RESOLVED, That final photometric and lighting details must be approved before
building permits can be issued and all lighting fixtures must be full cut -off with a zero degree tilt, the
concrete bases for the pole lights cannot exceed 6 inches in height above grade , and the height of
any light poles cannot exceed the greater of 15’ or the eve height of the building .
BE IT FURTHER RESOLVED, That the lighting levels at the lot lines should not exceed 0.5 foot -
candles.
BE IT FURTHER RESOLVED, A final landscape plan will need to be a pproved by the City Forester
prior to the issuance of building permits and further perimeter and foundation plantings will be
required.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the
principal structure.
BE IT FURTHE R RESOLVED, That any new handicap signs be incorporated into bored bollards.
BE IT FURTHER RESOLVED, That if any large e lectrical transformers are needed it must be
located south of the south building façade and appropriately landscaped.
BE IT FURTHER RESOLVED, There are some rooftop mechanicals that are currently shown to be
screened on all sides but the north and additional screening must be added on the north side of the
roof mechanicals to screen them or view diagrams must be provided showing that these rooftop
mechanicals will not be visible from the Janesville Road view shed.
BE IT FURTHER RESOLVED, That all roof top, building mount, and/or ground mechanicals
(including HVAC devices, electrical transformers, etc.) must be screened from view and/or
inc orporated into the design of the site/structure (screening, etc.) and should be approved by the
Community Development Department .
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspect s 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, th e initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2015
ATTEST: Kellie McMullen, Recording Secretary