Plan Commission Packet - 8/4/2015
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
August 4, 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 JULY 7, 2015 MEETING
PUBLIC HEARING
Public Hearing for Mark and Pam Godsell requesting a Conditional Use Permit in
accordance with the Muskego Zoning Ordinance for the purpose of allowing Agritourism
uses on their existing farm property located at S105 W15585 Loomis Drive (Tax Key
2298.988).
CONSENT BUSINESS
Recommended for approval en gross.
RESOLUTION #PC 043-2015 - Approval of a Three Lot Certified Survey Map for the Bosch
property located NW 1/4 of Section 31 (Tax Key 2282.995.001 / Crowbar Drive).
RESOLUTION #PC 044-2015 - Approval of a Two Lot Extraterritorial Certified Survey Map
for the Jendrzejek property located in the Town of Norway.
RESOLUTION #PC 045-2015 - Approval of a Two Lot Certified Survey Map for the Buchan
property located in the SE 1/4 of Section 7 (Tax Key 2191.999 / S75 W20549 Field Drive).
RESOLUTION #PC 046-2015 - Approval of an additional accessory structure for the
Podevels property located in the SW 1/4 of Section 7 (Tax Key 2187.998.002 / S75 W21565
Field Drive).
RESOLUTION #PC 047-2015 - Recommendation to Common Council to vacate the right of
way east of North Cape Road in the NE 1/4 of Section 24 (Between Tax Key Nos.
2253.999.001 and 2253.999.002).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #042-2015 - Approval of a Conditional Use Grant for the Mark and Pam
Godsell property located in the NW 1/4 of Section 35 (Tax Key No. 2298.988 / S105
W15585 Loomis Drive).
MISCELLANEOUS BUSINESS
ADJOURNMENT
Plan Commission Agenda 2
August 4, 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 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.
City of Muskego
Plan Commission Discussion PC 042-2015
For the meeting of: August 4, 2015
REQUEST: Approval of a Conditional Use Grant (CUG) for Agritourism Operations
S105 W15585 Loomis Drive / Tax Key No. 2298.988
NW ¼ of Section 35
PETITIONER: Mark & Pam Godsell
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 042-2015
The petitioner has submitted for approval to be allowed agritourism operation s on their existing farm
property. The petitioners have been and would like to continue to use their farm for private agricultural
uses, along with their agritourism activities. Their agritourism activities include allowing members of the
public to come to their farm to learn about and experience farming and farming related activities. They
offer classes, trips, events, etc. to show and inform people how farms function and how local farms can
be beneficial. The petitioner has been offering these types of activities from their farm over the past 10
years, without any formal City approvals. These activities recently came to the attention of the City and
the staff has been working with the petitioners to proceed with formal approvals for their agritourism
activities.
As the Plan Commission may recall, the City recently amended the Zoning Code to allow agritourism
uses with a Conditional Use Grant (CUG) in the A-1 zoning district. As such, that is why this request is
now being made to the Plan Commission.
PLAN CONSISTENCY PC 042-2015
Comprehensive Plan:
The 2020 Plan depicts the area for Rural Density Residential, which
allows for agricultural uses. The proposal is consistent with the Plan.
Zoning: The property is zoned A-1 – Agricultural District and Agritourism uses
are allowed with a Conditional Use Grant (CUG) in this district, subject
to Plan Commission approvals. The proposal is consistent with the
Plan.
DISCUSSION PC 042-2015
As is noted above, the Godsell family is requesting to be allowed agritourism activities at their existing
farm on Loomis Drive. These types of uses have been occurring from this property for approximately 10
years and they would like to continue the agritourism activities. The activities/event that they offer include
the following:
Educational tours, field trips, and birthday parties on the farm
A Community Supported Agriculture Program (CSA)
A school classroom hatchery program
Classes on gardening, sustainability, and chicken keeping in backyards
Selling pumpkins and inviting people to watch blacksmithing, butter churning, rope making, broom
making, and wool spinning in the fall; This typically occurs in the month of October for three (3)
weekends
Farm dinners with food raised on the farm
The Godsell’s also note the following relating to their operations/farm:
They are registered as an LLC
They are registered with the IRS and have an employee tax ID number
They have typical insurance and an extended umbrella for over 1 million dollars for the farm
They post the “Limited Liability Law” at the farm and it is noted on their forms for field trip s and
parties
They file with the USDA
They are licensed with the Food Safety Services Department through Waukesha County to serve
food
They are registered with the NRCS
There is parking on-site for over forty (40) vehicles if needed. More than ten (10) v ehicles on the property
at one time is typically limited to the pumpkin season.
Staff does not see any problems with the proposed use, especially since it has been in operation for
some time with no issues or problems that have ever come to our attention. Any future changes,
additions, and/or expansions to their use on the site must be discussed with planning staff to ensure
compliance with their approvals. Depending on what any proposed changes, additions, and/or
expansions might be, Plan Commission re-review may need to occur. This could even possibly include
needing an amendment to the CUG for this property. If any problems and/or complaints arise in the
future this item can be brought back to the Plan Commission for discussion to address any problem s at
hand. Any possible future signage would need a permit and would be treated the same as roadside
stands within the A-1 district, unless other approvals are granted by the Plan Commission as part of the
CUG.
DIRECTION PC 042-2015
Approval of Resolution #PC 042-2015, subject to the conditions noted above and within the
Resolution.
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RESOLUTION #P.C. 042-2015
APPROVAL OF A CONDITIONAL USE GRANT FOR MARK AND PAM GODSELL
TO ALLOW AGRITOURISM OPERATIONS ON THEIR PROPERTY
LOCATED IN THE NW ¼ OF SECTION 35
(TAX KEY 2298.988 / S105 W15585 LOOMIS DRIVE)
WHEREAS, On June 26, 2015 a request was submitted by Mark and Pam Godsell for a
Conditional Use Grant to allow agritourism operations at the property located at S105 W15585
Loomis Drive / Tax Key No. 2298.988, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, Their agritourism activities include allowing members of the public to come to their
farm to learn about and experience farming and farming related activities, and
WHEREAS, The activities/events that are offered on this property as part of the agritourism use
are:
Educational tours, field trips, and birthday parties on the farm
A Community Supported Agriculture Program (CSA)
A school classroom hatchery program
Classes on gardening, sustainability, and chicken keeping in backyards
Selling pumpkins and inviting people to watch blacksmithing, butter churning, rope
making, broom making, and wool spinning in the fall; This typically occurs in the month of
October for three (3) weekends
Farm dinners with food raised on the farm, and
WHEREAS, There is parking on-site for over forty (40) vehicles if needed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant to allow agritourism operations at the property located at S105 W15585 Loomis Drive / Tax
Key No. 2298.988.
BE IT FURTHER RESOLVED, That any future changes, additions, and/or expansions to the uses
on the site must be discussed with planning staff to ensure compliance with their approvals and
depending on what any proposed changes, additions, and/or expansions might be, Plan
Commission re-review may need to occur, including possibly needing an amendment to the CUG
for this property.
BE IT FURTHER RESOLVED, That if any problems and/or complaints arise in the future t his item
can be brought back to the Plan Commission for discussion to address any problems at hand.
BE IT FURTHER RESOLVED, Any possible future signage would need a permit and would be
treated the same as roadside stands within the A-1 district, unless other approvals are granted by
the Plan Commission as part of the CUG.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspects of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 043-2015
For the meeting of: August 4, 2015
REQUEST: Three (3) Lot Land Division – Bosch Property
Crowbar Drive / Tax Key No. 2282.995.001
NW ¼ of Section 31
PETITIONER: Patrick Bosch
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 043-2015
The petitioner is proposing to divide one parcel by Certified Survey Map to create three (3) parcels. The
proposed lots range in size from 140,916 square feet (3.23 acres) to 189,939 square feet (4.36 acres).
PLAN CONSISTENCY PC 043-2015
Comprehensive Plan:
The 2020 Plan depicts the area for Rural Density Residential uses. The
proposal is consistent with the Plan.
Zoning:
The property is currently zoned A-1 Agricultural District, which requires
a minimum lot size of 120,000 square feet and average lot width of 300
feet per lot for unsewered lots. The proposal is consistent with the
Plan.
Parks and Conservation Plan: The 2012-2016 Plan does not depict any park areas on this property.
There are low priority conservation areas on this site that appear to be
located within the northern portion of this property. The proposal is
consistent with the Plan.
Street System Plan: Right-of-way is already dedicated as required. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: All lots will be served by private on-site sewer systems. The proposal is
consistent with the Plan.
Water Capacity Assessment
District: All lots will be served by private water wells. The proposal is consistent
with the Plan.
Stormwater Management
Plan: A grading plan will need to be submitted to the Engineering Department
before building permits can be issued for any construction.
DISCUSSION PC 043-2015
Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to occur that will need to be addressed before the CSM can be signed by the City
and recorded.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 043-2015
Approval of Resolution PC 043-2015
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RESOLUTION #P.C. 043-2015
APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR THE BOSCH PROPERTY
LOCATED IN THE NW ¼ OF SECTION 31
(TAX KEY NO. 2282.995.001 / CROWBAR DRIVE)
WHEREAS, On July 1, 2015 a Certified Survey Map was submitted by Patrick Bosch for a three (3) lot land
division located in the NW ¼ of Section 31 (Tax Key No. 2282.995.001 / Crowbar Drive), and
WHEREAS, The proposed lots range in size from 140,916 square feet (3.23 acres) to 189,939 square feet
(4.36 acres), and
WHEREAS, Said property is currently zoned A-1 Agricultural District and requiring minimum lot sizes of
120,000 square feet and an average minimum width of 300 feet, and
WHEREAS, The 2020 Plan depicts the area for rural density residential uses and the proposal is consistent
with the plan, and
WHEREAS, All lots will be served by private on-site sewer systems and private water wells.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Patrick Bosch for a three (3) lot land division located in the NW ¼ of Section 31 (Tax Key No.
2282.995.001 / Crowbar Drive), subject to resolution of 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 all technical corrections from the City will need to be addressed before
the Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, That a digital file of this CSM 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: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 044-2015
For the meeting of: August 4, 2015
REQUEST: Extraterritorial Certified Survey Map for a Two Lot Land Division
NE ¼ of Section 7, Town of Norway
PETITIONER: Robert & Carol Jendrzejek
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 044-2015
The property is located along Long Lake Road in the Town of Norway. The CSM is for a two lot land division and is
within the extraterritorial review authority of the City as defined by State Statute.
STAFF DISCUSSION PC 044-2015
The petitioner is proposing to create two (2) new parcels. The new lots will each be 30,910 sq. ft.
There will be no adverse drainage impacts to the City of Muskego.
STAFF RECOMMENDATION PC 044-2015
Approval of Resolution # PC 044-2015
RESOLUTION #P.C. 044-2015
APPROVAL OF A TWO LOT EXTRATERRITORIAL CERTIFIED SURVEY MAP FOR THE
JENDRZEJEK PROPERTY LOCATED IN THE NE ¼ OF SECTION 7 IN THE
TOWN OF NORWAY
WHEREAS, A Certified Survey Map for a two lot land division was submitted by Robert & Carol
Jendrzejek for a property located in the NE ¼ of Section 7, Town of Norway, and
WHEREAS, This property is located within the jurisdiction of the extraterritorial powers of the City
of Muskego and approval by the Plan Commission is necessary under the City’s subdivision
regulations, and
WHEREAS, There will be no adverse drainage impacts to the City of Muskego as determined by
the Engineering Department, and
WHEREAS, The Town of Norway must also approve all certified survey maps within their
jurisdiction.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the extraterritorial
Certified Survey Map for a three lot land division submitted by Robert & Carol Jendrzejek for a
property located in the NE ¼ of Section 7, Town of Norway, and recommends the same to the
Common Council.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 045-2015
For the meeting of: August 4, 2015
REQUEST: Two (2) Lot Land Division – Buchan Property
S75 W20549 Field Drive / Tax Key No. 2191.999
SE ¼ of Section 7
PETITIONER: Matt Buchan
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 045-2015
The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. The
proposed lot range in size from 124,239 square feet (2.85 acres) to 177,973 square feet (4.09 acres).
PLAN CONSISTENCY PC 045-2015
Comprehensive Plan:
The 2020 Plan depicts the area for Rural Density Residential uses. The
proposal is consistent with the Plan.
Zoning:
The property is currently zoned RCE – Country Estate District, which
requires a minimum lot size of 120,000 square feet and average lot
width of 250 feet per lot. The proposal is consistent with the Plan.
Parks and Conservation Plan: The 2012-2016 Plan does not depict any park areas on this property.
There are medium priority conservation areas on this site that appear to
be located within the far western portion of the proposed lot. The
proposal is consistent with the Plan.
Street System Plan: Right-of-way has already been dedicated as required. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: All lots are served by private on-site sewer systems. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
All lots are served by private water wells. The proposal is consistent
with the Plan.
Stormwater Management
Plan: A grading plan will need to be submitted to the Engineering Department
before building permits can be issued for any construction.
DISCUSSION PC 045-2015
Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to occur that will need to be addressed before the CSM can be signed by the City
and recorded.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 045-2015
Approval of Resolution PC 045-2015
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RESOLUTION #P.C. 045-2015
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE BUCHAN PROPERTY
LOCATED IN THE SE ¼ OF SECTION 7
(TAX KEY NO. 2191.999 / S75 W20549 FIELD DRIVE)
WHEREAS, On July 13, 2015 a Certified Survey Map was submitted by Matt Buchan for a two (2) lot land
division located in the SE ¼ of Section 7 (Tax Key No. 2191.999 / S75 W20549 Field Drive), and
WHEREAS, The proposed lots range in size from 124,239 square feet (2.85 acres) to 177,973 square feet
(4.09 acres), and
WHEREAS, Said property is currently zoned RCE – Country Estate District, which requires a minimum lot
size of 120,000 square feet and average lot width of 250 feet per lot, and
WHEREAS, The 2020 Plan depicts the area for rural density residential uses and the proposal is consistent
with the plan, and
WHEREAS, All lots are/will be served by private on-site sewer systems and private water wells.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Matt Buchan for a two (2) lot land division located in the SE ¼ of Section 7 (Tax Key No. 2191.999 / S75
W20549 Field Drive), subject to resolution of 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 all technical corrections from the City will need to be addressed before
the Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, That a digital file of this CSM 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: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 046-2015
For the meeting of: August 4, 2015
REQUEST: Second Accessory Structure
Tax Key No. 2187.998.002 / S75 W21565 Field Drive
SW ¼ of Section 7
PETITIONER: Monty Podevels
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 046-2015
The petitioner proposes to construct an 864 square foot accessory structure on site. This building will be the
second accessory structure on this lot. Plans are attached for your review.
PLAN CONSISTENCY PC 046-2015
Comprehensive Plan: The 2020 Plan depicts the area for rural density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RCE – Country Estates District. Accessory structures
totaling around 2,403 square feet are permitted on the subject property. The
current proposal measures 864 square feet in area. There is one other
accessory structure and one garden shed that exist on the lot, which total 1,296
square feet in size. The grand total of all accessory structure square footage
with the proposed accessory structure equals 2,160 square feet. The proposal
meets the bulk requirements of the Zoning Code.
STAFF DISCUSSION PC 046-2015
Design Guide requirements state that Planning Commission approval is needed for more than one accessory
structure on a lot when it is being used for residential purposes . Plan Commission approvals are being sought
since there is already another accessory structure on this lot.
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. The proposed building is proposed to be clad with vinyl siding and shingles, both of which will be
similar colors as the home. Said proposal does meet the Plan Commission’s standards for administrative approval of
residential accessory structures.
The new building is 36’ x 24’ (864 SF) in size. There currently is an existing accessory structure on site that is
1,200 square feet in size and a garden shed that is 96 square feet in size. The combined size of all three buildings
(2,160 SF) is within the allowed size limit (2,403 SF) for this property. The petitioner has stated that the newly
proposed building will be used for personal storage.
The Resolution also states the following items:
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete.
BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home.
STAFF RECOMMENDATION PC 046-2015
Approval of Resolution #PC 046-2015
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RESOLUTION #P.C. 046-2015
APPROVAL OF AN ADDITIONAL ACCESSORY STRUCTURE FOR THE PODEVELS
PROPERTY LOCATED IN THE SW 1/4 OF SECTION 7
(TAX KEY NO. 2187.998.002 / S75 W21565 FIELD DRIVE)
WHEREAS, A site plan and building drawings were submitted to construct an 864 square foot
accessory structure on the property located at S75 W21565 Field Drive (Tax Key No. 2187.998.002),
and
WHEREAS, The property is zoned RCE - Country Estates District, and whereas said structure is a
permitted accessory use and subject to Plan Commission review due to more than one accessory
structure on the lot, and
WHEREAS, One accessory structure totaling 1,200 square feet, a garden shed totaling 96 square feet,
and a home residence currently reside on the property, and
WHEREAS, The combined total of the two (2) accessory structures and the one (1) garden shed will
be 2,160 square feet, which is within the allowed limit, and
WHEREAS, The total square footage for accessory structures on this property is limited to 2,403
square feet, and said proposal meets the bulk requirements of the Zoning Code, and
WHEREAS, The accessory structure will be used for personal storage only, and
WHEREAS, The proposed height is approximately 12 feet, as measured by code, which is allowed in
said zoning district, and
WHEREAS, The structure is proposed to be clad with vinyl siding and shingles, both of which will be
similar to the house, and said proposal does meet the Plan Commission’s standards for administrative
approval of residential accessory structures.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an 864 square foot
accessory structure for the Podevels property located at S75 W21565 Field Drive (Tax Key No.
2187.998.002).
BE IT FURTHER RESOLVED, That the colors of the proposed buildi ng must be similar to the colors of
the home.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete.
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business
activities.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the
approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of
legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 047-2015
For the meeting of: August 4, 2015
REQUEST: Right-of-Way Vacation
East of North Cape Road / Between Tax Key No. 2253.999.002 and 2253.999.001
NE ¼ of Section 24
PETITIONER: Christopher Pennybacker
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 047-2015
The petitioner’s request is to vacate an unused portion of right-of-way that is adjacent to their property.
The right-of-way in question is not improved in any way and currently is grass/lawn area.
DISCUSSION PC 047-2015
Relating to the right-of-way vacation, all of the proper documents have been submitted to proceed with
the right-of-way request. The request is also proceeding through the Public Works Comm ittee for their
review. There are no expected concerns with this right -of-way vacation request. With the vacation, each
tax key parcel abutting the vacated right of way gets half of the adjacent right -of-way back as part of their
lot. The Planning and Engineering Divisions do not see any major problems with the requested vacation.
As such, staff is recommending approval of the right-of-way vacation.
STAFF RECOMMENDATION PC 047-2015
Approval of Resolution PC 047-2015, subject to any technical corrections and revisions listed
above and in the Resolution.
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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 : 7 /2 8/2 0 15
RESOLUTION #P.C.047-2015
RECOMMENDATION TO COMMON COUNCIL TO VACATE THE RIGHT-OF-WAY EAST OF
NORTH CAPE ROAD LOCATED IN THE NE ¼ OF SECTION 24
(BETWEEN TAX KEY NOS. 2253.999.002 AND 2253.999.001 / NORTH CAPE ROAD)
WHEREAS, On July 17, 2015 a request was submitted by Christopher Pennybacker for a Right-
of-Way Vacation located in the NE ¼ of Section 24 (North Cape Road / Between Tax Key
Numbers 2253.999.002 and 2253.999.001), and
WHEREAS, The section of right-of-way is currently not improved and is lawn/grass area, and
WHEREAS, The Public Works Committee and Common Council require review of the vacation
before official approvals can be given, and
WHEREAS, The Community Development Department does not see any problems with the
requested vacation.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the Right-of-Way Vacation
located in the NE ¼ of Section 24 (North Cape Road / Tax Key Numbers 2253.999.002 and
2253.999.001).
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Discussion PC 042-2015
For the meeting of: August 4, 2015
REQUEST: Approval of a Conditional Use Grant (CUG) for Agritourism Operations
S105 W15585 Loomis Drive / Tax Key No. 2298.988
NW ¼ of Section 35
PETITIONER: Mark & Pam Godsell
INTRODUCED: August 4, 2015
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 042-2015
The petitioner has submitted for approval to be allowed agritourism operation s on their existing farm
property. The petitioners have been and would like to continue to use their farm for private agricultural
uses, along with their agritourism activities. Their agritourism activities include allowing members of the
public to come to their farm to learn about and experience farming and farming related activities. They
offer classes, trips, events, etc. to show and inform people how farms function and how local farms can
be beneficial. The petitioner has been offering these types of activities from their farm over the past 10
years, without any formal City approvals. These activities recently came to the attention of the City and
the staff has been working with the petitioners to proceed with formal approvals for their agritourism
activities.
As the Plan Commission may recall, the City recently amended the Zoning Code to allow agritourism
uses with a Conditional Use Grant (CUG) in the A-1 zoning district. As such, that is why this request is
now being made to the Plan Commission.
PLAN CONSISTENCY PC 042-2015
Comprehensive Plan:
The 2020 Plan depicts the area for Rural Density Residential, which
allows for agricultural uses. The proposal is consistent with the Plan.
Zoning: The property is zoned A-1 – Agricultural District and Agritourism uses
are allowed with a Conditional Use Grant (CUG) in this district, subject
to Plan Commission approvals. The proposal is consistent with the
Plan.
DISCUSSION PC 042-2015
As is noted above, the Godsell family is requesting to be allowed agritourism activities at their existing
farm on Loomis Drive. These types of uses have been occurring from this property for approximately 10
years and they would like to continue the agritourism activities. The activities/event that they offer include
the following:
Educational tours, field trips, and birthday parties on the farm
A Community Supported Agriculture Program (CSA)
A school classroom hatchery program
Classes on gardening, sustainability, and chicken keeping in backyards
Selling pumpkins and inviting people to watch blacksmithing, butter churning, rope making, broom
making, and wool spinning in the fall; This typically occurs in the month of October for three (3)
weekends
Farm dinners with food raised on the farm
The Godsell’s also note the following relating to their operations/farm:
They are registered as an LLC
They are registered with the IRS and have an employee tax ID number
They have typical insurance and an extended umbrella for over 1 million dollars for the farm
They post the “Limited Liability Law” at the farm and it is noted on their forms for field trip s and
parties
They file with the USDA
They are licensed with the Food Safety Services Department through Waukesha County to serve
food
They are registered with the NRCS
There is parking on-site for over forty (40) vehicles if needed. More than ten (10) v ehicles on the property
at one time is typically limited to the pumpkin season.
Staff does not see any problems with the proposed use, especially since it has been in operation for
some time with no issues or problems that have ever come to our attention. Any future changes,
additions, and/or expansions to their use on the site must be discussed with planning staff to ensure
compliance with their approvals. Depending on what any proposed changes, additions, and/or
expansions might be, Plan Commission re-review may need to occur. This could even possibly include
needing an amendment to the CUG for this property. If any problems and/or complaints arise in the
future this item can be brought back to the Plan Commission for discussion to address any problem s at
hand. Any possible future signage would need a permit and would be treated the same as roadside
stands within the A-1 district, unless other approvals are granted by the Plan Commission as part of the
CUG.
DIRECTION PC 042-2015
Approval of Resolution #PC 042-2015, subject to the conditions noted above and within the
Resolution.
MUSK EG Othe City of
Ar ea o f Inte restI0200400
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 04 2-2015
Ma rk & Pa m G od se ll S1 05 W 15 58 5 Lo omis Dr ive
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
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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 : 7 /2 8/2 0 15
RESOLUTION #P.C. 042-2015
APPROVAL OF A CONDITIONAL USE GRANT FOR MARK AND PAM GODSELL
TO ALLOW AGRITOURISM OPERATIONS ON THEIR PROPERTY
LOCATED IN THE NW ¼ OF SECTION 35
(TAX KEY 2298.988 / S105 W15585 LOOMIS DRIVE)
WHEREAS, On June 26, 2015 a request was submitted by Mark and Pam Godsell for a
Conditional Use Grant to allow agritourism operations at the property located at S105 W15585
Loomis Drive / Tax Key No. 2298.988, and
WHEREAS, Said property is currently zoned A-1 Agricultural District, and said use is a permitted
use by Conditional Use Grant, and
WHEREAS, Their agritourism activities include allowing members of the public to come to their
farm to learn about and experience farming and farming related activities, and
WHEREAS, The activities/events that are offered on this property as part of the agritourism use
are:
Educational tours, field trips, and birthday parties on the farm
A Community Supported Agriculture Program (CSA)
A school classroom hatchery program
Classes on gardening, sustainability, and chicken keeping in backyards
Selling pumpkins and inviting people to watch blacksmithing, butter churning, rope
making, broom making, and wool spinning in the fall; This typically occurs in the month of
October for three (3) weekends
Farm dinners with food raised on the farm, and
WHEREAS, There is parking on-site for over forty (40) vehicles if needed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use
Grant to allow agritourism operations at the property located at S105 W15585 Loomis Drive / Tax
Key No. 2298.988.
BE IT FURTHER RESOLVED, That any future changes, additions, and/or expansions to the uses
on the site must be discussed with planning staff to ensure compliance with their approvals and
depending on what any proposed changes, additions, and/or expansions might be, Plan
Commission re-review may need to occur, including possibly needing an amendment to the CUG
for this property.
BE IT FURTHER RESOLVED, That if any problems and/or complaints arise in the future t his item
can be brought back to the Plan Commission for discussion to address any problems at hand.
BE IT FURTHER RESOLVED, Any possible future signage would need a permit and would be
treated the same as roadside stands within the A-1 district, unless other approvals are granted by
the Plan Commission as part of the CUG.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community
Development Department and that all aspects of this plan shall be maintained in perpetuity unless
otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: August 4, 2015
ATTEST: Kellie McMullen, Recording Secretary