Plan Commission Packet - 5/5/2015
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
May 5, 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 APRIL 7, 2015 MEETING.
PUBLIC HEARING
Public Hearing for Lakepoint 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 building located at S66 W13700 Janesville Road / Tax Key No. 2162.997.
CONSENT BUSINESS
Recommended for approval en gross.
RESOLUTION #PC 022-2015 - Recommendation of Approval of a Final Plat for the Belle
Chasse Subdivision Addition #3 located in the SE 1/4 of Section 11 (McShane Drive / Tax
Key No. 2204.141 & 2204.143).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 021-2015 - Approval of an Operations Review for the Northern Gear
property located in the NE 1/4 of Section 3 (W160 S6609 Commerce Drive / Tax Key No.
2169.993.010).
RESOLUTION #PC 023-2015 - Recommendation to Council to Amend the Zoning Map of
the City of Muskego for the Ingold Property Located in the SE 1/4 of Section 9 (Tax Key
2196.958.001).
RESOLUTION #PC 025-2015 - Approval of a Conditional Use Grant, Building, Site, and
Operation Plan Amendment, and a Two Lot Certified Survey Map for Lakepoint Church and
the CV Zillig Muskego property located in the NW 1/4 of Section 1 (Tax Key # 2162.997 /
S63 W13700 Janesville Road).
RESOLUTION #PC 026-2015 - Approval of a Business, Site and Operation Plan
Amendment for Wal-Mart Located in the NE 1/4 of Section 3 (W159 S6530 Moorland Road /
Tax Key No. 2169.999.003).
RESOLUTION #PC 027-2015 - Approval of a Certified Survey Map Amendment for the
Paul Loomis property located in the NW 1/4 of Section 14 (S82 W15435 Mystic Drive / Tax
Key No. 2214.997.004).
MISCELLANEOUS BUSINESS
Plan Commission Agenda 2
May 5, 2015
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.
Un approved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
April 7, 2015
6:30 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:30 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Kathy Chiaverotti, Ald. Rob Wolfe, Commissioners Bartlett, Buckmaster,
Stinebaugh and Jacques. Also present: Director Muenkel and Recording Secretary McMullen.
Absent: Commissioner Hulbert
STATEMENT OF PUB LIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF THE MARCH 3, 2015 MEETING.
Commissioner Jacques made a motion to approve the minutes of the March 3, 2015
meeting. Alderman Wolfe seconded.
M otion Passed 6 in favor.
CONSENT BUSINESS
Recommended for approval en gross.
Commissioner Buckmaster made a motion to approve consent business engross.
Commissioner Jacques seconded.
Motion Passed 6 in favor.
RESOLUTION #PC 016-2015 - Approval of Two Lot Certified Survey Map for the Loomis
property located in the NW & SW 1/4 of Section 14 (Tax Key No. 2214.997.004 / S82 W15435
Mystic Drive).
RESOLUTION #PC 017-2015 - Approval of a Building, Site, and Operation Plan Amendment
to the Elliot's Ace Hardware property located in the NE 1/4 of Section 3 (S64 W15732
Commerce Center Drive / Tax Key No. 2169.999.007).
RESOLUTION #PC 019-2015 - Approval for the Sale of Plants and Flowers for Andrew
Werner (AW Greenhouses) near Preferred Fitness located in the NW & SW 1/4 of Section 10
(S74 W17009 Janesville Road / Tax Key No. 2199.999.022).
NEW BUSINESS FOR CONSIDERATION
Plan Commission Minutes 2
April 7, 2015
RESOLUTION #PC 015-2015 - Approval of a Building, Site, and Operation Plan Amendment
for a Parking Lot for John Jewell located in the NE 1/4 of Section 9 (Janesville Road / Tax Key
No. 2193.070).
Commissioner Buckmaster made a motion to approve RESOLUTION #PC 015-2015 -
Approval of a Building, Site, and Operation Plan Amendment for a Parking Lot for
John Jewell located in the NE 1/4 of Section 9 (Janesville Road / Tax Key No.
2193.070). Commissioner Jacques seconded.
Motion Passed 6 in favor.
RESOLUTION #PC 018-2015 - Approval for a Building, Site, and Operation Plan Amendment
for Basse's Country Delight Farm Market located in the SE 1/4 of Section 3 (S70 W16050
Janesville Road / Tax Key No. 2172.999).
Commissioner Jacques made a motion to approve RESOLUTION #PC 018-2015 -
Approval for a Building, Site, and Operation Plan Amendment for Basse's Country
Delight Farm Market located in the SE 1/4 of Section 3 (S70 W16050 Janesville Road /
Tax Key No. 2172.999). Alderman Wolfe seconded.
Motion Passed 6 in favor.
RESOLUTION #PC 020-2015 - Approval of a Building, Site and Operation Plan Amendment
for Atonement Lutheran Church located in the SE 1/4 of Section 3 (Tax Key 2172.095 / S70
W16244 Martin Drive).
Commissioner Jacques made a motion to approve RESOLUTION #PC 020-2015 -
Approval of a Building, Site and Operation Plan Amendment for Atonement Lutheran
Church located in the SE 1/4 of Section 3 (Tax Key 2172.095 / S70 W16244 Martin
Drive). Commissioner Bartlett seconded.
Motion Passed 6 in favor.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn at 6:49 PM. Alderman Wolfe
seconded.
Motion Passed 6 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
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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 y 5 , 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 B r i a n H o f m e i s t e r o n b e h a l f o f L a k e p o i n t C h u r c h I n 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 : W e s t e r n P o r t i o n o f T a x K e y N u m b e r 2 1 6 2 . 9 9 7 / S 6 3 W 1 3 7 0 0 J a n e s v i l l e R o a d ( A l s o k n o w n a s L o t 1 o n t h e p e n d i n g C S M ) 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 A p r i l 1 6 , 2 0 1 5 a n d A p r i l 2 3 , 2 0 1 5 . D a t e d t h i s 8 t h d a y o f A p r i l , 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 . " Sherwood Cir.
City of Muskego
Plan Commission Supplement PC 022-2015
For the meeting of: May 5, 2015
REQUEST: Approval of the Final Plat for Belle Chasse Addition #3
Durham Drive / Tax Key No. 2204.143 & 2204.996.008
SE ¼ of Section 11
PETITIONER: Cory O’Donnell, Neumann Companies
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 022-2015
Petitioner has submitted the Final Plat for the Belle Chasse Subdivision Addition #3. As PC may recall Addition #1
was approved and built in 2013 and Addition #2 was approved by Plan Commission in December of 2014 and is
wrapping up construction. The overall Belle Chasse development previously received Preliminary Plat approval
from the Planning Commission on May 2, 2006 under PC 011 -2006 and from the Common Council on May 9, 2006
under Resolution 097-2006.
PLAN CONSISTENCY PC 022-2015
Comprehensive Plan: The 2020 Plan indicates this area as slated for medium density residential
development. The proposal is consistent with the Plan.
Zoning: The parcel is zoned PD-47 Belle Chasse Planned Development District. The
proposed lots all meet these requirements.
Street System Plan:
All necessary dedications are being made as part of this plat. The plat is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The property is within the sewer service area. The parcels will be served by
municipal sewer.
Water Capacity Assessment
District: The lots will be serviced by public water.
Stormwater The plat has made accommodations for stormwater management in the various
outlots.
STAFF DISCUSSION PC 022-2015
This is the third addition to the Belle Chasse Subdivision. The first phase consisted of the 42 lots along the west
side of Durham Drive, Addition #1 consisted of 39 lots directly west of the original development, and Addition #2
consisted of 24 single family lots on the east side of Durham Drive. The proposed final phase (Addition #3) will
contain 33 lots. This phase is also on the east side of Durham Drive. This phase is a c ontinuation of Addition #2
that was started in late 2014.
Parcels are at least 18,000 square feet and 100 feet in width which is what was allowed as part of the PD -47
zoning. Overall, the lot layout meets the requirements of the form er concept for this area. Engineering relating
comments are pending which don’t affect the approval of the plat at this time but will be required before signing of
the final plat. The resolution is subject to technical corrections. Lastly, the resolution notes that there must be a
sign installed by the developer at the end of Freedom Avenue noting that the road could be extended for future
development.
STAFF RECOMMENDATION PC 022-2015
Approval of Resolution #PC 022-2015
The Resolution is drafted to allow approval subject to technical corrections, which do not substantially impair the
plat.
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RESOLUTION #P.C. 022-2015
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE BELLE CHASSE SUBDIVISION
ADDITION #3 LOCATED IN THE SE ¼ OF SECTION 11
(DURHAM DRIVE / TAX KEY NO. 2204.141 & 2204.143)
WHEREAS, On March 27, 2015 a final plat was submitted by Neumann Companies for the Belle
Chasse Subdivision located in the SE ¼ of Section 11, and
WHEREAS, Said plat proposes 33 lots for single-family use and 1 outlot for wetland preservation and
stormwater management, and
WHEREAS, A rezoning to PD-47 (Belle Chase Planned Development) was previously granted for this
development and allows minimum lot sizes of 18,000 square feet and minimum widths of 100 feet and
said plat meets the zoning requirements, and
WHEREAS, The Planned Development allowed reduction in lot density for open space preservation;
Further, the Planned Development has not reduced the offsets/setbacks for the lots with the exception
of one reduced setback for corner lots (40 feet to 30 feet), which is typical, and
WHEREAS, The 2020 Comprehensive Plan currently depicts the property for medium-density
residential uses consistent with the RS-2 and RS-3 Districts (1.6 – 2.99 units an acre), and this
proposal is consistent with this goal, and
WHEREAS, Said parcels will be serviced by City sewer and water, and
WHEREAS, Stormwater management will be accommodated within the outlots depicted and along
Bluhm Park.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common
Council of a Final Plat for the Belle Chasse Subdivision Addition #3 located in the SE ¼ of Section 11
subject to resolution of technical discrepancies as identified by the City Planning Department and City
Engineers, and payment of all applicable fees in Section 18.14 of the Land Division Ordinance and
outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That all State and County requirements be addressed before final
approvals.
BE IT FURTHER RESOLVED, That at the south end of Freedom Avenue, the developer must install a
sign noting that the road could be extended for development.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 5, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 021-2015
For the meeting of: May 5, 2015
REQUEST: Approval of operations review of Northern Gear
W160 S6609 Commerce Drive / Tax Key No. 2169.993.010
NE ¼ of Section 3
PETITIONER: Community Development Department
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 021-2015
The parcel was granted Building, Site, and Operation approval by Plan Commission on April 2,
2013. A one-time review of the operations, specifically sound and trucking, was required as part
of the approvals.
STAFF DISCUSSION PC 021-2015
There have been no recent complaints made to the Community Development Department. Two
site inspections were conducted and there were no loud noises present at either visit. A sounds
meter was used to measure the decibels levels on top of the retaining wall and down on the site
by the truck docks and the sounds levels present were similar to those on any other property. An
overhead door was open during the first v isit, but it was closed upon the second inspection.
There was outdoor storage present near the truck docks at both inspections. Approvals for this
site did not allow outdoor storage. After the first inspection the business owner was made aware
of the outdoor storage issues and was given until the meeting date (May 5, 2015) to have the
outdoor storage removed. The resolution is drafted as if all of the outdoor storage has been
removed as required. Staff will conduct an inspection before the meeting to ensure that full
compliance has been achieved. If the site is not in full incompliance, the resolution will give the
owner ten (10) days to remove the unapproved outdoor storage or citations would have to be
issued.
Should any warranted complaints arise in the future affecting the approved site and operation
plan staff would bring the item back to Planning Commission for further discussion.
STAFF RECOMMENDATION PC 021-2015
Approval of Resolution # PC 021-2015
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RESOLUTION #P.C. 021-2015
APPROVAL OF A REVIEW OF NORTHERN GEAR LOCATED IN THE NE ¼ OF SECTION 3
(W160 S6609 COMMERCE DRIVE / TAX KEY NO. 2169.993.010).
WHEREAS, The Plan Commission on April 2, 2013, granted a Building, Site and Operation Plan
approval for Northern Gear located at W160 S6609 Commerce Drive, and
WHEREAS, A one-time review of the business’s operations by the Plan Commission was a
condition of approval, and
WHEREAS, There have been no recent complaints made to the Community Development
Department, and
WHEREAS, A site inspection revealed that there were no noticeable noise issues on site, and
WHEREAS, There was an overhead door open on site but after contacting the owners it was
closed upon a second inspection, and
WHEREAS, There was some unapproved outdoor storage observed on site during the site
inspections, and
WHEREAS, As of the date of the Plan Commission meeting the outdoor storage has been
removed from the site as required by the site/permit approvals.
THEREFORE BE RESOLVED, That the Planning Commission approves of the review of the
Northern Gear property located at W160 S6609 Commerce Drive.
BE IT FURTHER RESOLVED, Should any warranted complaints arise in the future affecting the
approved site and operation plan that the item would come back to Planning Commission for
further discussion.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 5, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 023-2015
For the meeting of: May 5, 2015
REQUEST: Rezoning from B-3 General Business District and RS-3 Suburban Residence District to PD Planned
Development District and a 2020 Comprehensive Plan Amendment
Tax Key No. 2196.958.001
SE ¼ of Section 9
PETITIONER: John Jewell
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 023-2015
A Rezoning and 2020 Land Use amendment request has been submitted for the Ingold Propert y. The property has
frontage along Janesville Road to the north and Westwood Drive to the east. The Janesville Road frontage of the
property is currently zoned B-3, General Business District and the remainder and bulk area of the property is currently
zoned RS-3, Suburban Residence District. The current 2020 Land Use designation for the entire property is Business
use. The proposal includes establishing a Planned Development District (PD) that would allow commercial, multi -family,
and single-family uses on the property. The proposal also includes an amendment to the 2020 Comprehensive Plan
land use map from commercial uses to commercial and medium density residential uses.
PLAN CONSISTENCY PC 023-2015
Comprehensive Plan: The 2020 Plan depicts the areas for commercial use. The proposal is to
change the plan to commercial and medium density residential uses.
Zoning: Discussed in detail below along with a proposed concept plan of why the
rezoning is being requested.
Park and Open Space Plan: No acquisitions or trail requirements are proposed in this area. The
proposal is consistent with the Plan.
Conservation Plan: No acquisition or management priorities are depicted in this area. The
proposal is consistent with the Plan.
Street System Plan: Janesville Road was previously dedicated. Westwood Drive would be
dedicated as part of the future plat. 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 may be required for any future development.
That would be examined further once a detailed plan would be
developed.
Design Guides The Downtown Design Guide and General Design Guide govern this
area and would need to be looked at as part of any future development.
Redevelopment District #2 The parcel is located in the City’s Redevelopment District #2. The plan
shows this area as possible mixed uses. The concept proposal is
consistent with this plan.
DISCUSSION PC 023-2015
The proposal is to establish a Planned Development (PD) District for the entire property. W ithin that PD the following
uses would be allowed within their respective areas:
1. The Janesville Road frontage of the property (approximately one acre) would maintain the B -3 zoning uses.
This would include the existing home and allow future business uses along Janesville Road.
2. The central/rear portion of the lot would follow the RM-3 (Multiple Family Residence District) zoning. This would
be for eight two-family buildings/homes, totaling sixteen (16) units in this area.
3. The northern Westwood Drive portion of the lot would follow the RM-3 zoning. This would be for one two-family
building/home, totaling two units in this area.
4. The southern Westwood Drive portion of the lot would follow the RS-3 zoning. This would be for one single-
family home, totaling one unit in this area.
Also, as noted above this request also proposes a change to the 2020 Land Use from Business uses to Business and
Medium Density Residential uses.
Proposed Development Density
In all, the density created by this plan would be a total of one (1) commercial unit (the existing home/business) on
approximately one acre, eighteen (18) multi-family units (in nine buildings) and one (1) single-family unit all on
approximately 6.45 acres. The residential (single-family and multi-family) portions of the development results in approx.
2.95 units/acre or 1 unit per 14,787 square feet. This density falls within the Medium Density Residential use which
allow up to 2.99 units per acre. Medium Density Residential use allows 14,569 square feet as the minimum area
required per unit and the proposal fits within that allowance. The existing residential development in this area already
contains the proposed Medium Density Residential use category.
Other Development Details
The development will be accessed via a main entry driveway/road off of Janesville Road. The existing home will remain
at this time and could be a commercial use in the future as the current zoning allows. The two building located along
Westwood Drive would access directly off of West wood Drive. The remaining eight (8) two-family buildings would
access the new interior street. The two-family buildings would be clustered together, while leaving some open spaces
on the outskirts of the lot for a buffer from the existing homes in this a rea. Conceptual architecture plans have been
included in the submittal. Further review of the architectural details and all site plan details will need to be reviewed
formally and in more detail by the Plan Commission via a Building, Site, and Operation (BSO) plan approval in the future
should the rezoning receive approval. The rezoning ordinance currently makes the rezoning contingent upon the
approval of a BSO for this property.
Public Hearing
The following are comments that were brought up at the Pub lic Hearing, which was held on April 28, 2015. Some of
these comments were brought up more than once at the hearing.
Concerns with flooding/floodplain that exist on site and in the area
Concerns with where drainage to and from this land would go
Concerns with traffic on Westwood Drive before/after events and church services at St. Leonard’s Church
Not in favor of using a Planned Development (PD) zoning; Use straight zoning districts
Separate tax key numbers/lots should be used for separate zonings
Concerned with property values of the area and proposed values of the new units
More detail should be provided before moving forward
Not in favor of maximizing the allowance of the Medium Density Residential land use allowance
Surprised access was not off of Westwood Drive
Sump pump issues are present in this area already
Concerns with access on Westwood Drive and with children in the area
Petitioner’s Response at Hearing - Wetlands will be identified/delineated on site, detailed stormwater
managements plans will be developed as part of the development process, and the main access point will be off
of Janesville Road to limit traffic to Westwood Drive
STAFF RECOMMENDATION PC 023-2015
Approval of Resolution PC 023-2015, due to the fact that the 19 multi-family/single-family units requested
workout to be 2.95 units per acre (1 unit per 14,787 SF) which is within the allowable medium density residential
density of less than 2.99 units per acre. The approval also needs to be contingent on the approval of a BSO
before the rezoning would take effect.
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RESOLUTION #P.C. 023-2015
RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020
COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR THE INGOLD PROPERY
LOCATED IN THE SE ¼ OF SECTION 9 (TAX KEY NO. 2196.958.001)
WHEREAS, On April 1, 2015 a petition for a rezoning and 2020 Comprehensive Plan amendment
was submitted by John Jewell for the Ingold Property (Tax Key No. 2196.958.001), and
WHEREAS, The request is to rezone the property from B-3 General Business District and RS-3
Suburban Residence District to a PD - Planned Development District per the rezoning
development submittal, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for commercial uses and will need
an amendment to commercial and medium density residential land uses, and
WHEREAS, The rezoning proposal includes the following:
The Janesville Road frontage of the property (approximately one acre) would maintain the
B-3 zoning uses. This would include the existing home and allow future business uses
along Janesville Road.
The central/rear portion of the lot would follow the RM-3 (Multiple Family Residence
District) zoning. This would be for eight two-family buildings/homes, totaling sixteen (16)
units in this area.
The northern Westwood Drive portion of the lot would follow the RM-3 zoning. This would
be for one two-family building/home, totaling two units in this area.
The southern Westwood Drive portion of the lot would follow the RS-3 zoning. This would
be for one single-family home, totaling one unit in this area.
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on April 28,
2015, and
WHEREAS, A Planned Development Zoning District allows for greater freedom, imagination, and
flexibility in the development of land while insuring substantial compliance to the intent of the
normal district regulations of the City’s ordinances, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council to rezone a property from B-3 General Business District and RS-3
Suburban Residence District to a PD - Planned Development District and to Amend the 2020
Comprehensive Plan from commercial uses to commercial and medium density land uses (Tax
Key No. 2196.958.001).
BE IT FURTHER RESOLVED, That this resolution recommends to the Council to include in the
ordinance that the rezoning only takes effect upon approval and execution of Plan Commission
approved BSO Plans for all elements of the proposed development and any required Common
Council approvals of Subdivider’s Agreements.
BE IT FURTHER RESOLVED, That Plan Commission approvals (Building, Site and Operation
Plans, Condo Plats, etc.) will be required in the future for all uses shown in the concept plan for
this proposed rezoning.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 5, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 025-2015
For the meeting of: May 5, 2015
REQUEST: Conditional Use Grant, a Building Site and Operation Plan Amendment, and Two Lot
Certified Survey Map for Lakepoint Church
S63 W13700 Janesville Road / Tax Key No. 2162.997
NW ¼ of Section 1
PETITIONER: Brian Hofmeister, Lakepoint Church
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 025-2015
The petitioner (Lakepoint Church) is requesting a Conditional Use Grant (CUG), a Building Site and
Operation Plan (BSO) amendment, and a Two Lot Certified Survey Map approval for the use of an
existing structure for religious services/activities. The existing building currently contains multiple tenants.
The main portion of the building, which is where Lakepoint Church will be located, was the former location
of Piggly Wiggly. Currently Anita’s Dance is in this portion of the building. Sliced Bakery is located in the
western most wing of the building too, which will all be owned by Lakepoint Church. These existing
tenants will remain along with the newly proposed church use.
The public hearing for this item is being held in front of the Plan Commission on May 5, 2015.
PLAN CONSISTENCY PC 025-2015
Comprehensive Plan: The 2020 Plan depicts the areas for commercial use. The proposal is
consistent with the Plan, with the approval of a Conditional Use Grant.
Zoning: The property is zoned B-2 Local Service Center District and the
proposed use is allowed by right subject to the approval of a Building,
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.
Conservation 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 sanitary 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 025-2015
Conditional Use Grant (CUG)
The petitioner is requesting to be allowed to use a portion of the existing building, for church/religious
activities. Per the Zoning Code, religious uses are allowed with a CUG in the B-2 zoning district. A Public
Hearing for the proposed CUG is being held on May 5, 2015.
Building, Site and Operation Plans
The petitioner’s proposal includes interior and exterior alterations to the existing building and site. The
exterior alterations include a remodeled/new entry way for the new church. The entry remodeling
includes a wood and metal canopy entrance structure, along with new windows, new entry doors, and
poured concrete planters. There are windows proposed to be added to the east and north elevations of
the building. The proposal also includes the painting of the southern facade of the main Lakepoint
Church/Anita’s Dance portion of the building in a green color with a white accent band towards the top of
the wall area. The existing canopy over the Anita’s Dance entry will remain gray/neutral in color. The
other existing portions of the remainder of the building will remain in their existing color for the time being.
The two owners of the overall complex/building are working together to repaint the remaining areas of the
building, after the church approvals have been granted, a similar gray or other neutral color. Before the
painting of the remainder of the building can occur, planning staff must review the requested paint colors
to make sure they complement the overall building and its color scheme and if there are any concerns
with the proposed colors, details would be brought back to the Plan Commission for further review.
The overall site contains 210 parking stalls and the capacity of the church requires 167 parking stalls.
This meets the code requirements, as long as there are proper cross-access agreements established.
There is also a 20’ x 60’ outdoor storage area proposed along the western side of the building to be
enclosed by a 7 foot tall white vinyl fence . This is an area of the site that is not very visible and as such
this should not be problem. There are some conceptual sign ideas shown, but any signage changes
and/or any new signage will require separate sign permits.
CSM
The two lots on the CSM will be 3.39 acres (147,818 square feet) and 3.64 acres (158,772 square feet) in
size and the required minimum lot size is 20,000 square feet and an average minimum width of 100 feet .
Upon review of the CSM, the bulk requirements of the code appear to be met. There are some minor
technical corrections that need to occur that will need to be addressed before the CSM can be signed by
the City and recorded. One item of note is that cross-access easements need to be established and/or
noted on the CSM for the site since the entire property will share parking, driveways, and access points .
STAFF RECOMMENDATION PC 025-2015
Approval of Resolution PC 025-2015
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RESOLUTION #P.C. 025-2015
APPROVAL OF A CONDITIONAL USE GRANT, A BUILDING SITE AND
OPERATION PLAN AMENDEMENT, AND A TWO LOT CERTIFIED SURVEY MAP
FOR LAKEPOINT CHURCH AND THE CV ZILLIG MUSKEGO PROPERTY
LOCATED IN THE NW ¼ OF SECTION 1
(S63 W13700 JANESVILLE ROAD / TAX KEY NO. 2162.997)
WHEREAS, On April 2, 2015 plans were submitted by Lakepoint Church for a Conditional Use Grant, a
Building, Site and Operation Plan Amendment, and a Two Lot Certified Survey Map for the division of land
and the operations of a religious facility at the property located in the NW ¼ of Section 1 (S63 W13700
Janesville Road / Tax Key No. 2162.997), and
WHEREAS, The property is zoned B-2, Local Service Center, and the church/religious institution use
requires a Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and
WHEREAS, The 2020 Plan Depicts the area for Commercial uses and the proposal is consistent with the
plan, and
WHEREAS, A Public Hearing for the CUG was held on May 5, 2015 in front of the Plan Commission for
the proposed church/religious institution use, and
WHEREAS, The two lots on the CSM will be 3.39 acres (147,818 square feet) and 3.64 acres (158,772
square feet) in size and the required minimum lot size is 20,000 square feet and an average minimum
width of 100 feet, and
WHEREAS, Lakepoint Church is proposing to operate out of a portion of the former Piggly Wiggly/Anita’s
Dance facility, and
WHEREAS, The existing tenants in this western wing of the existing building, currently Anita’s Dance and
Sliced Bakery, will remain in addition to the newly proposed use by Lakepoint Church, and
WHEREAS, The proposal includes interior and exterior alterations to the existing building and site, and
WHEREAS, The exterior changes include a remodeled/new entry for the new church, and
WHEREAS, The entry remodeling includes a wood and metal canopy entrance structure, along with new
windows, new entry doors, and poured concrete planters, and
WHEREAS, There are additional windows proposed on the east and north elevations, and
WHEREAS, The proposal includes the painting of the southern facade of the main Lakepoint
Church/Anita’s Dance portion of the building in a green color with a white accent band towards the top of
the wall area, and
WHEREAS, The existing canopy over the Anita’s Dance entry will remain gray/neutral in color, and
WHEREAS, The other existing portions of the rest of the building will remain in their existing color for the
time being, and
WHEREAS, The two owners of the overall complex/building are working together to repaint the remaining
areas of the building, after the church approvals have been granted, a similar gray or other neutral color,
and
WHEREAS, The overall site contains 210 parking stalls and the capacity of the church requires 167
parking stalls, and
WHEREAS, A 20’ x 60’ outdoor storage area is proposed along the western side of the building to be
enclosed by a 7 foot tall white vinyl fence.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant, a
Building, Site, and Operation Plan Amendment, and a Two Lot Certified Survey Map for a land division
and the operation of a church/religious institution for Lakepoint Church at S63 W13700 Janesville Road
(Tax Key No. 2162.997), subject to technical discrepancies as identified by the City Engineers, and
payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding
assessments if applicable.
BE IT FURTHER RESOLVED, That Building Permits are required for the interior and exterior alterations
that are proposed.
BE IT FURTHER RESOLVED, That any new or altered signage will need proper permits from the City.
BE IT FURTHER RESOLVED, That before the painting of the remainder of the building can occur,
planning staff must review the requested paint colors to make sure they complement the overall building
and its color scheme and if there are any concerns with the proposed colors, details would be brought
back to the Plan Commission for further review.
BE IT FURTHER RESOLVED, That as part of the CSM review comments, cross -access easements need
to be established and/or noted on site since the entire property will share parking, driveways, and access
points.
BE IT FURHTER RESOLVED, That all technical corrections from the CSM review will need to be
addressed before the Certified Survey Map can be signed and recorded.
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 5, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 026-2015
For the meeting of: May 5, 2015
REQUEST: Approval of a BSO Amendment for Wal-Mart
Tax Key No. 2169.999.003/ W159 S6530 Moorland Road
NE ¼ of Section 3
PETITIONER: Craig Peterburs, Wal-Mart Store Manager
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 026-2015
The petitioner is requesting to be allowed temporary outdoor sales/storage of bagged goods (i.e. mulch, soils, sand,
etc.) within the northern portion of the Wal-Mart parking lot. The request is to be allowed the sales/storage between
May 6 – September 30, 2015. The original approvals for this site did not allow any outdoor sales/display. A similar
request to this was applied for and granted in 2011. That approval was only valid for 2011.
DISCUSSION PC 026-2015
The newly proposed sales/storage area is shown to consume approximately 10 parking stalls along this northern
edge of the parking lot north of the existing enclosed garden cent er. Signage would be provided in front of each
pallet on small metal stands. The application states that staff would be maintaining the bagged goods area several
times daily.
In 2011 a similar request was granted for outdoor sales for a one (1) year period only. That year was meant to be a
temporary trial period. The City did not receive any complaints during that time period back in 2011. During the
Plan Commission review at that time there were some concerns brought up by the Plan Comm ission. The Plan
Commission made the following comments, which were taken from the meeting minutes from the 2011 approval:
“Commissioner Noah explained areas of the building were required to be enclosed for a reason. Commissioner
Noah added this approval is for one year and if they want to come back next year for approval, more architectural
detail should be added such has fencing. Commissioner Burke agreed.”
Due to these original concerns noted from the 2011 minutes, the Plan Commission now needs to decide if the y
would like to allow the outdoor sales/storage of bagged goods as proposed on this site for 2015.
STAFF RECOMMENDATION PC 026-2015
Based on the past discussions relating to outdoor sales/storage on site, it is up to the Plan Commission to
determine if they think the outdoor sales/storage of bagged goods is what they would like to see on this
site for 2015.
NOTE – The resolution is written in the positive, which states the request for outdoor sales/storage of
bagged goods is allowed for 2015. If the Plan Commission agrees with this then the resolution should be
approved. If the Plan Commission disagrees with this, then the resolution should be denied.
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RESOLUTION #P.C. 026-2015
APPROVAL FOR A BSO AMENDMENT FOR
WAL-MART LOCATED IN THE NE ¼ OF SECTION 3
(W159 S6530 MOORLAND RD / TAX KEY NO. 2169.999.003)
WHEREAS, A BSO amendment request has been submitted by Craig Peterburs for Wal-Mart located at
W159 S6530 Moorland Road, and
WHEREAS, The request is to be allowed to sell and store bagged goods (mulch, soils, etc.) within the
northern parking area between May 2015 – September 2015, and
WHEREAS, The proposed area is shown to consume approximately 10 parking stalls along this northern
edge of the parking lot north of the existing enclosed garden center, and
WHEREAS, Signage would be provided in front of each pallet on small metal stands, and
WHEREAS, Staff would be maintaining the bagged goods area several times daily, and
WHEREAS, A similar request for outdoor sales, for one (1) year, was made and approved in 2011.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for Wal-
Mart located at W159 S6530 Moorland Road for the outdoor display/storage and sales of bagged goods
subject to the following conditions:
1. The outdoor sales/display is only allowed between May 6 – September 30, 2015.
2. The area must be kept in a neat and clean order at all times.
3. Habitual complaints of litter or unsightliness resulting from the proposed outdoor sales/storage
may result in Plan Commission re-review of this proposal at any time which could result in
revocation of this approval OR further contingencies.
4. That this approval is only good for 2015 and successive/additional outdoor sales/storage must
first receive Planning Commission approval.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 5, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 027-2015
For the meeting of: May 5, 2015
REQUEST: Certified Survey Map Amendment Request
Tax Key No. 2214.997.004 / S82 W15435 Mystic Drive
NW ¼ of Section 14
PETITIONER: Paul Loomis
INTRODUCED: May 5, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 027-2015
The petitioner received approval for a two-lot CSM for his property located off of Mystic Drive on April 7, 2015 under
resolution PC 016-2015. One of the technical corrections from the Engineering review of that CSM required that
the wetland be delineated on the CSM. This is a requirement for all land divisions per Chapter 18 of the Municipal
Code. The only written exemption is for lots over 20 acres in area that are not intended for development. These
lots do not even need to be included as part of the CSM. The Plan Commission has the ability to waive any
requirement identified in Chapter 18 relating to land divisions , such as the wetland delineation requirement.
The petitioner is requesting to only have to delineate the portion of the wetlands nearest to where he plans to build
a new home, which is on the north lot. The two main reasons stated for this request are due to the time it takes to
have the delineation done and due to the added cost of the full delineation.
DISCUSSION PC 027-2015
The delineation of all wetlands on a property doing a land division is a requirement of Chapter 18 (Land Division
Ordinance), Section 18.33(3)(b)(19). The code section states the following requirement:
Delineation of all wetlands and shoreland/wetlands based on a field staking by the U.S. Army Corps of
Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional
Planning Commission or other agency or firm certified to make such delineation by the Federal
Government or Wisconsin Department of Natural Resources.
Also, as part of the approved Plan Commission resolution from April 7, 2015 the following was also noted relating to
the wetland delineation:
BE IT FURTHER RESOLVED, That the entire property must have a wetland delineation done and any
wetlands discovered on the site must be shown on the CSM and the typical required 15’ wetland
protection setback must also be shown on the CSM with the required typical protection language.
There have been no CSM’s in which the City waived the requirement of delineating wetlands, since the delineation
of wetlands and wetland regulations have become so important. Some additional concerns that might come about
if the current wetlands are not included on the entire CSM might include possible future buyers not knowing if
and/or where wetlands are on their property, which could affect what they can do on and how they use the property.
There was some type of wetland marking done about 25 years ago on the south ern lot, but that boundary is not
reproducible, due to lack of detail, and that boundary could have changed. Wetland delineations are only valid for a
five (5) year period since they do change.
There are two ways in which wetlands can be delineated as follows:
1. Wetlands can be marked/delineated for free by SEWRPC but since this is a free service provided to the
entire southeastern part of the state this service is in high demand and as such can take numerou s month
to have done at times. The current lead time has recently been stated at about four (4) month.
2. Wetlands can be marked/delineated by private companies for a fee. That fee is determined by each private
companies. Since private companies are doing these delineations for a fee they determine when they have
the time/availability to conduct the delineations. This is typically a much quicker/convenient option, but that
comes at a cost.
The petitioner has stated that he is currently looking to do the delineation via a private company (#2 above) so that
it can be done sooner.
STAFF RECOMMENDATION PC 027-2015
Based on the facts noted above, the Plan Commission will need to determine if they are willing to allow the
waiving of the wetland delineation requirement, per the petitioners request, on any portion of the CSM.
NOTE – The resolution is written in the positive, which states the request to only delineate the northern
wetland area is allowed. If the Plan Commission agrees with this then the resoluti on should be approved.
If the Plan Commission disagrees with this, then the resolution should be denied.
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RESOLUTION #P.C. 027-2015
APPROVAL OF A CERTIFIED SURVEY MAP AMENDMENT FOR
PAUL LOOMIS PROPERTY LOCATED IN THE NW ¼ OF SECTION 14
(S82 W15435 MYSTIC DRIVE / TAX KEY NO. 2214.997.004)
WHEREAS, A two (2) lot Certified Survey Map (CSM) was approved for the Paul Loomis property on
April 7, 2015 under Resolution PC 016-2015, and
WHEREAS, The petitioner is requesting to only have to delineate the portion of the wetlands nearest to
where he plans to build a new home on the vacant lot, which is on the north lot, and t o not have to
delineate the wetlands on the southern portion of his CSM, and
WHEREAS, One of the technical corrections from the Engineering review of that CSM required that the
wetland be delineated on the CSM, which is a typical requirement for all land divisions per Chapter 18 of
the Municipal Code, and
WHEREAS, The approved Plan Commission resolution for the CSM required that the entire property
must have a wetland delineation completed.
THEREFORE BE IT RESOLVED, That the Plan Commission allows the petitioner to only delineate the
portion of the wetlands nearest to where a new home is proposed to be built, which is on the north lot,
and the petitioner does not have to delineate the wetlands on the southern portion of the CSM.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 5, 2015
ATTEST: Kellie McMullen, Recording Secretary