Plan Commission Packet - 5/1/2018
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
May 1, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE APRIL 9, 2018 MEETING
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION PC 023-2018 - Approval of a Conditional Use Grant, Building,Site and
Operation Plan, and Three Lot Certified Survey Map for Casey's General Store located in
the NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road and Mercury Drive).
RESOLUTION PC 024-2018 - Approval of a Conditional Use Grant and Building, Site and
Operation Plan for Casey's General Store located in the NW 1/4 of Section 1 (Tax Key
2162.999.002 / Janesville Road and College Ave).
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 021-2018 - Recommendation to Council to rezone a property from A-1
Agricultural District to RS-2 Suburban Residence District for the property located in the NE
1/4 of Section 26 (Tax Key 2261.999 / Ryan Drive).
RESOLUTION #PC 028-2018 - Recommendation to Council to rezone a property from RS-
2 Suburban Residence District to a CPD-Conservation Planned Development for the
property located in the SW 1/4 of Section 31 (Tax Key 2283.999 / Crowbar Drive).
RESOLUTION #PC 029-2018 - Approval of an accessory structure for the Frey property
located in the NW 1/4 of Section 14 (Tax Key 2214.996.005 / W149 S8282 Harvest Ct.).
RESOLUTION #PC 030-2018 - Recommendation to Council for Approval of a Public
Participation Plan for the 2035 Comprehensive Plan
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.
Plan Commission Agenda 2
May 1, 2018
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
Unapproved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
April 9, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:07 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Ald. Kubacki, Commissioners Graf, Peardon, Buckmaster,
Jacques, and Bartlett, and Planner Trzebiatowski.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF THE MARCH 6, 2018 MEETING
Commissioner Jacques made a motion to approve the minutes of the March 6, 2018.
Commissioner Bartlett seconded.
Motion Passed 7 in favor.
PUBLIC HEARING
Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance
for Casey's General Store for the purpose of allowing a gas station on the property located in
the NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road/Mercury Drive).
The following residents spoke:
Thomas Ralston, S81 W19386 Highland Park Drive
opposed to gas station being put into a neighborhood
concerns with deliveries, traffic, noise, and crime
Skip Wojnowski, S103 W10439 Kelsey Drive
resident and business owner in business park on Apollo
in favor of business
Kathleen Luglio, S80 W19297 Highland Park Drive
opposed to building
wants quiet
doesn't belong in our community
Dan Drager, S78 W20263 Monterey Drive
opposed
concerned with traffic and light pollution
will need to improve the intersection at a cost of $200,000
Plan Commission Minutes 2
April 9, 2018
not best use for the property
Dave Schnittka, S79 W19198 River Oaks Ct.
opposed
concerns with traffic, crime, impact on property values, and stop and go lights at
intersection
put retail next to retail not industrial
Matt Watry, W193 S7905 Ancient Oaks Drive
Industrial park has been a good neighbor, gas station would not be
property values will go down
put industrial by industrial and retail by retail
Anthony Walter, W192 S8013 Ancient Oaks
no stop light at this intersection
lives four houses in and has concerns with lights, traffic, and safety of intersection
Bob Melcher, S78 W20229 Monterey Drive
poor location
concerned with General Store selling alcohol to minors and drinking in the county park
General Store could cause problems getting a new grocery store
Chris Kern
concerned with having a gas station within 300 feet of residential homes
concerned with air pollution, light pollution, traffic
suggested an air quality study be done and monitored every 6 months with mitigation
suggested right turn in and out - no left turns
place restrictions on gas stations to 300 feet from residential properties
Laura Tesch, S80 W19178 Janesville Road
concerns with gas station
concerned with benzine and pollution
does not want the gas station across from her house
Wayne Eichhorn, S80 W19280 Highland Park Drive
concerned with traffic congestion coming off Mercury, noise, crime, and pollution
TNS Machining, W190 S8151 Mercury Drive
has owned his business in Muskego for 36 years
feels for him as a business owner
allow him to do something on this property
Tim Kuehn, owner of property
property was zoned M-2 when originally purchased. Voluntarily rezoned the property to
B-2 in 2008.
property value has gone down 6%
property is located on a county highway and next to a business park since 1970
Rick Petfalski
asking the request be denied
not in my backyard
not this type of development
Plan Commission Minutes 3
April 9, 2018
concerned with traffic, lights, noise and crime
Mr. Petfalski suggested the following:
1. Redesign the site layout to have the stalls face east and west
2. Limit hours of operation from 6:00 am to 11:00 pm.
3. Limit deliveries to hours of 7:00 am to 7:30 pm Monday - Friday and 9:00 am to 7:30
pm Saturday, Sunday and holidays.
4. No temporary signs, banners or flags along Janesville Road
5. No sale of diesel fuel.
With no further questions or comments, Mayor Chiaverotti closed the public hearing at 7:11
PM.
Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance
for Casey's General Store for the purpose of allowing a gas station on the property located in
the NE 1/4 of Section 1 (Tax Key 2161.999.002 / Janesville Road/College Ave).
The following residents spoke:
Julie Kowalski, S66 W12775 Somerset Drive
opposed
no need for additional gas stations
vacant gas station just down the road
With no further questions or comments, Mayor Chiaverotti closed the public hearing at 7:14
PM.
OLD BUSINESS FOR POSSIBLE RECONSIDERATION
RESOLUTION PC 013-2018 - Approval of an Annual Review for RD Meyer Mini Storage
property located in the NE 1/4 of Section 2 (Tax Key 2165.998.012 / W145 S6550 Tess
Corners Drive).
(Audio 1:09) Mr. Meyer was present and explained he wasn't aware he needed all the roofs to
match and that the bollards needed to match the building colors.
Commissioner Buckmaster suggested the following:
changing the bollards that are visible to the front of the property to blue
removing the red slatting in the fence and leaving the white and blue slatting and the
flag on the gate,
leaving the stripped roof as is
The Plan Commission and Mr. Meyer agreed with this suggestion.
Commissioner Buckmaster made a motion to amend Resolution PC 013-2018 to
read: BE IT FURTHER RESOLVED, The striped red, white, and blue roof will be
allowed to remain as is.
BE IT FURTHER RESOLVED, The red slats in the fencing must be removed and the
blue and white slatting will be allowed to remain along with the flag in the gate.
BE IT FURTHER RESOLVED, The bollards in the front by the gate and in front of the
new buildings must be painted blue to match the building.
Plan Commission Minutes 4
April 9, 2018
Alderman Kubacki seconded. Upon a roll call vote Resolution #PC 013-2018 was
AMENDED unanimously. Upon a roll call vote Amended Resolution #PC 013-2018
was APPROVED unanimously.
CONSENT BUSINESS
RESOLUTION PC 026-2018 - Approval of 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).
(Audio 1:40)
Alderman Kubacki made a motion to approve RESOLUTION PC 026-2018 - Approval
of 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). Commissioner Jacques seconded.
Motion Passed 7 in favor.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 023-2018 - Approval of a Conditional Use Grant, Building, Site and
Operation Plan, and Three Lot Certified Survey Map for Casey's General Store located in the
NE 1/4 of Section 17 (Tax Key 2225.999.012 / Janesville Road and Mercury Drive).
Alderman Kubacki made a motion to approve RESOLUTION PC 023-2018 - Approval
of a Conditional Use Grant, Building, Site, and Operation Plan, and Three Lot
Certified Survey Map for Casey's General Store located in the NE 1/4 of Section 17
(Tax Key 2225.999.012 / Janesville Road and Mercury Drive). Commissioner
Buckmaster seconded.
(Audio 1:41) Mr. Trzebiatowski gave a detailed explanation of the submittal. Mr.
Trzebiatowski explained staff is recommending deferral to give Casey's the opportunity to
make the following changes if Plan Commission is in agreement.
1. All elevations need additional window elements and more design features
2. Alter design of the rear rooftop mechanical area so that either the units are completely
screened by the hip roof or relocating the rooftop units to grade with screening
3. Add a hip or gable roof feature to canopy design
4. Add brick or stone with caps to support columns of the canopy
Mr. Trzebiatowski further explained the access will be off of Mercury Drive and will line up with
the InPro driveway and a shared access with the existing construction company to the west.
The County is not requiring any changes to Janesville Road based on existing usage and
traffic counts.
Mr. Trzebiatowski discussed the memo from the City Attorney related to the possible changes
to WI State Law relating to Conditional Use Grants. This new law could take away some of the
rights of the community to regulate conditional use grants as they previously did and if
conditions are imposed they must be related to the purpose of the ordinance. If the applicant is
willing to meet the conditions, Plan Commission must grant the CUG request.
Discussion took place relating to noise, lights, and traffic. Plan Commission agreed with staff
recommendations and also added some recommendations that came from discussion:
Plan Commission Minutes 5
April 9, 2018
Flipping the building to Janesville Road and the pump layout to the business park and
adding a berm with landscaping along Janesville Road.
Limiting delivery hours from 7:00 AM - 7:00 PM Monday - Friday and 9:00 AM - 5:00
PM weekends and holidays or bring back Casey's proposed times
Commissioner Buckmaster made a motion to defer. Commissioner Peardon seconded. Upon
a roll voce, Resolution #PC 023-2018 was DEFERRED unanimously.
RESOLUTION PC 024-2018 - Approval of a Conditional Use Grant and Building, Site and
Operation Plan for Casey's General Store located in the NW 1/4 of Section 1 (Tax Key
2162.999.002 / Janesville Road and College Ave).
Commissioner Buckmaster made a motion to approve RESOLUTION PC 024-2018 -
Approval of a Conditional Use Grant and Building, Site and Operation Plan for
Casey's General Store located in the NW 1/4 of Section 1 (Tax Key 2162.999.002 /
Janesville Road and College Ave). Alderman Kubacki seconded.
(Audio 2:28) Mr. Trzebiatowski gave a detailed explanation of the submittal. Mr.
Trzebiatowski explained staff is recommending deferral to give Casey's the opportunity to
make the following changes if Plan Commission is in agreement.
1. Building enhancements should be added to the overall building to show the character
that the Historic Crossroads Design Guide is looking for.
2. Add additional window elements to all elevations to help further the four-sided
architecture goal and to help add some design features to the flat wall space.
3. Add closer to 50% masonry/stone - currently there is too much lap siding
4. The gable roof wall should utilize the shake materials rather than siding
5. Alter design of the rear rooftop mechanical area so that either the units are completly
screened by the hip roof or relocating the rooftop units to grade with screening
6. Add a hip or gable roof feature to canopy design
7. Add brick or stone with caps to support columns of the canopy
8. The canopy should not contain as much red
Plan Commission agreed with staff recommendations and also added some recommendations
that came from discussion:
Limiting delivery hours from 7:00 AM - 7:00 PM Monday - Friday and 9:00 AM - 5:00 PM
weekends and holidays or bring back Casey's proposed times
Push the pumps towards the west to help alleviate headlights at the neighbors across the
street
Commissioner Buckmaster made a motion to DEFER RESOLUTION #PC 024-2018.
Commissioner Jacques seconded. Motion to DEFER carried unanimously.
RESOLUTION PC 025-2018 - Approval of Building, Site and Operation Plan for the Will Rose
Apartments located in the NW 1/4 of Section 10 (Tax Key 2198.160 and 2198.161 / Janesville
Road).
Commissioner Jacques made a motion to approve RESOLUTION PC 025-2018 -
Approval of Building, Site and Operation Plan for the Will Rose Apartments located in
the NW 1/4 of Section 10 (Tax Key 2198.160 and 2198.161 / Janesville Road).
Alderman Kubacki seconded.
Motion Passed 7 in favor.
Plan Commission Minutes 6
April 9, 2018
(Audio 2:53) Mr. Trzebiatowski gave an overview of the submittal including site layout and
architecture. Mr. Trzebiatowski also noted there will be two adjacent access points to this
development. Engineering staff is requiring that the western stub be extended to
Glen Cove Court and an access for emergency use only be proved at the end of the eastern
portion of the driveway connecting to the existing adjacent condo development (Lindale Villas).
The emergency access connection may be gated if needed.
Plan Commission agreed it was a very attractive plan. Commissioner Bartlett suggested a
canopy over the main entrance to help it stand out. Eric Harmen of AG Architecture was
present and explained a canopy may block the view from the residential balcony above, but
they will look into it.
RESOLUTION #PC 027-2018 - Approval of a Four Lot Certified Survey Map for the Weltz
property located in the NW 1/4 of Section 14 (Tax Key 2214.996.020/ Harvest Court).
Commissioner Buckmaster made a motion to approve RESOLUTION #PC 027-2018 -
Approval of a Four Lot Certified Survey Map for the Weltz property located in the NW
1/4 of Section 14 (Tax Key 2214.996.020/ Harvest Court). Commissioner Jacques
seconded.
Motion Passed 7 in favor.
(Audio 3:12) Mr. Trzebiatowski explained the requirements for this CSM including the need
for a full city road and wetland crossing approval by the DNR.
The following residents registered to speak:
Cheryl Kloss - W150 S8226 Harvest Ct.
Concerned with the expansion of the road over the wetlands; specifically the salt from
the plowing going into the wetlands
Noted this is shown on the zoning maps as high conservation priority and large tracts of
land are to be preserved from further land divisions
opposed to this land division
Mr. Trzebiatowski explained this CSM will need to go to the Parks and Conservation
Committee for review due to this being in a high priority conservation area and this
requirement is in the resolution. Lots 1 and 2 have already been tilled, lot 3 already has a
house on it so these would not be a concern of the Committee, but lot 4 will need to be
discussed by the Committee. The committee could determine a building pad location
and restrict disturbance of vegetation outside this area.
Erin Gemol, W150 S8235 Harvest Ct
lives across from lot 4
concerned about her driveway and culvert and access to her property during
construction
opposed to this land division
this development will change the scope of the neighborhood and will impact neighbors
Gail James, W150 S8234 Harvest Ct.
opposed to this land division
was family land and doesn't want to see it divided up
this is a beautiful natural area that shouldn't be divided
requests the log house not be torn down for any reason
goal of this property was to keep it as open as possible
Plan Commission Minutes 7
April 9, 2018
don’t allow the moving of the road
Brian James, W150 S8234 Harvest Ct
Was told could not disturb wetland many years ago
lot 3 headlights will be in his living room/kitchen
opposed to land division
Theresa Macki, developer
spoke with DNR and was told based off preliminary review they would need a general
permit
working with the DNR and Lynch and Associates to make sure road is built correctly
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 9:52 PM. Commissioner Bartlett
seconded.
Motion Passed 7 in favor.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
City of Muskego
Plan Commission Supplement PC 021-2018
For the meeting of: May 1, 2018
REQUEST: Rezoning from A-1 Agricultural District to a RS-2 Suburban Residence District.
Ryan Drive / Tax Key No. 2261.999
NE ¼ of Section 26
PETITIONER: Burback Builders
INTRODUCED: May 1, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 021-2018
Petitioners have submitted a rezoning request from A-1 Agricultural District to RS-2 Suburban Residence
District for a future subdivision. The subdivision would be located along Ryan Road, just north of
Muskego Lakes Country Club.
PLAN CONSISTENCY PC 021-2018
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential use (1 -
2.99 units/acre. The new proposal is consistent with the Plan as the
conceptual density shown is about 0.93 units/acre.
Zoning: The property is currently zoned A-1 (Agricultural District). The zoning
being requested is RS-2 (Suburban Residence District). The RS-2
district allows minimum lot sizes of 20,000 SF with a minimum average
width of 110 feet.
Street System Plan: Any needed dedication would occur at the time of final platting.
Adopted 208 Sanitary Sewer
Service Area:
Public sanitary sewer serves the property and additional facilities will
need to be expanded through the development. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
The property would be served by municipal water. The developer
would need to extend water to and through this development as part of
the construction of a future subdivision. The proposal is consistent with
the Plan.
Stormwater Management
Plan:
Stormwater management is required and will be facilitated with required
stormwater managements facility within the development. The proposal
is consistent with the Plan.
DISCUSSION PC 021-2018
The petitioner, Burback Builders, is applying to rezone a property located on the south side of Ryan Drive
(Tax Key No. 2261.999) in the southeast part of the City from A -1 - Agricultural District to RS-2 -
Suburban Residence District. The petitioner is requesting this rezoning in order to allow the property to
be dividable into a possible future subdivision. The total lot area is about 25 acres in size.
The requested RS-2 zoning already exists across R yan Drive from this lot, to the north. The land to the
south and east of this are currently zoned A-1 as they are used for farming or the golf course. The land to
the west is zoned RSE, which required minimum lot sizes of 40,000 SF. The lots to the west of this
proposed rezoning area currently range between 1.6 acres and 3.7 acres in size.
A concept plan of the possible future land division is part of the submittal attached. The RS-2 zoning
district requires parcels to be at least 20,000 square feet and 110 feet in width when sewer is available.
The submitted concept, which is subject to change, currently shows about 27 lots. In a conceptual
discussion the Plan Commission had with this applicant about this land, they seemed receptive of this
rezoning/land division in general but they suggested/encouraged larger lots along the western edge of
this proposed development to help transition from the larger lots in that area to this development. Due to
this comment, any future proposed land division may ne ed to be altered to meet the original
concerns/comments brought up by the Plan Commission related to larger lots along the western border of
this new development. The current concept plan does not account for larger lots on its western border.
The developer has recently talked with the City and noted that they are working on a plan that accounts
for larger lots on the western boarder of this development.
There was a public hearing held on April 24, 2018. There were twelve (12) people that spoke at the
meeting with concerns about this request/project. The general comments/concerns and responses are
listed below:
Concerns with having to connect to City water – The developer will have to extend City water
mains to/through the development at their own exp ense. No one adjacent to the new
water main would need to connect to the new water unless they wanted to or unless their
well would fail.
Concerns with traffic (current and proposed) – During the design review of this development,
if it proceeds forward, special attention can be paid to see if there are any design items
that can be examined to aid in helping traffic concerns. Since Ryan Drive and Boxhorn
Drive are both noted as Collector Streets, they are intended to handle larger traffic loads
than typical local streets.
Concerns with proposed lots sizes/layout – The western lots need to be made larger, which
would be similar to lot sizes found to the west. This was a comment from the conceptual
Plan Commission discussion. The remainder of the lots meet t he Comprehensive Plan
Density and the proposed zoning lot size requirements.
Concerns with not having a park and/or sidewalks in the area – The Park and Conservation
Plan dictates the placement of new parks and trails. The Plan does not show any parks
planned for this area. The plan does note that there should be land set aside as part of
this development for a possible future trail that is eventually intended to loop around Big
Muskego Lake. The trail would generally run north/south.
Concerns with not having hydrant on Groveway Lane – The developer will not have to extend
water any further than their own development along Ryan Drive.
Concerns with the possible access points to the deve lopment and possible headlights – The
access point of this development have not been determined yet as the exact layout is yet
to be determined. A note relating to this can be brought up if this proceeds to the
Preliminary Plat stage, where the exact design is worked out.
Concerns with not needing additional houses in this area – The Zoning Code and
Comprehensive Plan do not discourage development as long as it meets the zoning and
comp plan. The proposal does meet the existing comp plan designations.
Concerns with large/expensive homes in their backyards – The City does not regulate the
value of homes. Also, the City regulations set the maximum allowed house size always
based on the lot size (25% limit).
Concerns with pedestrian/traffic safety in the area – During the design review of this
development, if it proceeds forward, special attention can be paid to see if there are any
design items that can be examined to aid in providing safety for residents of the area. We
can also let the Police Department know that there have been concerns raised relating to
speeding in this area.
Concerns with the density – The allowed density for this lot is dictated by the approved
comprehensive plan. That plan designates densities up to 2.99 unit/acre being allowed in
this area. Also, the comp plan identified medium density residential uses around
Muskego Lakes Country Club. This proposal meets the plan.
STAFF RECOMMENDATION PC 021-2018
Approval of Resolution PC 021-2018 – Subject to any future proposed land division may need to
be altered to meet the original concerns/comments brought up b y the Plan Commission related to
larger lots along the western border of this new development and subject to approval of the
Preliminary Plat , Final Plat, and/or CSM for development of this land.
MUSK EG Othe Ci ty of
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Ag en da Item(s)
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Supp lem ental MapRESOLUTION #PC 02 1-2018
Bu rb ack Bu ild er s Ryan D rive
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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 : 4 /1 9/2 0 18
RESOLUTION #P.C. 021-2018
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM A-1 AGRICULTURAL
DISTRICT TO RS-2 SUBURBAN RESIDENCE DISTRICT FOR THE PROPERTY LOCATED IN
THE NE ¼ OF SECTION 26
(TAX KEY NO. 2261.999 / RYAN DRIVE)
WHEREAS, A petition to rezone properties from the A-1 Agricultural District to RS-2 Suburban
Residence District was submitted by Burback Builders (Tax Key No. 2261.999 / Ryan Drive), and
WHEREAS, The 2020 Comprehensive Plan identifies this area for medium density residential
uses consistent with a density of 1 - 2.99 units an acre and the proposal meets this requirement,
and
WHEREAS, The proposed RS-2 district allows minimum lot sizes of 20,000 square feet with a
minimum average width of 110 feet, and
WHEREAS, A conceptual layout is included and meets the minimum RS-2 requirements, and
WHEREAS, This proposal went through a conceptual discussion in front of the Plan Commission
and the Plan Commission seemed receptive of this rezoning/land division in general but they
suggested/encouraged larger lots along the western edge of this proposed development to help
transition from the larger lots in that area to this development, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on April
24, 2018, and twelve residents brought up concerns with the proposed development, and
WHEREAS, The development will be served by existing public sanitary sewer and water and will
need to be extended as part of this development.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to RS-2 Suburban Residence District (Tax Key No.
2261.999 / Ryan Drive).
BE IT FURTHER RESOLVED, Any future proposed land division may need to be altered to meet
the original concerns/comments brought up by the Plan Commission related to larger lots along
the western border of this new development.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
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 the rezoning approval is subject to approval of the
Preliminary Plat, Final Plat, and/or CSM for development of this land.
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 1, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 028-2018
For the meeting of: May 1, 2018
REQUEST: Rezoning from RS-2 Suburban Residence District to a CPD - Conservation Planned
Development
Tax Key No. 2283.999
SW ¼ & SE ¼ of Section 31
PETITIONER: John Jewell
INTRODUCED: May 1, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski
BACKGROUND PC 028-2018
The petitioner has submitted a rezoning request from RS-2 Suburban Residence District to CPD –
Conservation Planned Development for a future subdivision. The subdivision would be located along
Crowbar Drive.
PLAN CONSISTENCY PC 028-2018
Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential use with
conservation preservation (optional) (<0.49 units/acre). The new
proposal is consistent with the Plan as the proposed density is
approximately at 0.44 units/acre.
Zoning: The property is currently zoned RS-2 (Suburban Residence District).
The zoning being requested is CPD – Conservation Planned
Development.
Street System Plan: Any dedications will be required at preliminary plat time.
Adopted 208 Sanitary Sewer
Service Area:
Municipal sanitary sewer would need to serve the property. Sanitary
sewer will need to be expanded at the developer’s expense as part of
this project. The proposal is consistent with the Plan.
Water Capacity Assessment
District:
The property would be served by private wells. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
Stormwater management would be required and would be facilitated
with storm water management features within the development. The
proposal is consistent with the Plan.
DISCUSSION PC 028-2018
The petitioner, John Jewell of Community Holdings, is applying to rezone a property located on the west
shore of Lake Denoon (Tax Key No. 2283.999) in the southwest part of the City from RS -2 - Suburban
Residence District to CPD - Conservation Planned Development District. A new conservation planned
development would be the city’s seventh approved CPD and would be recognized i n the zoning code as
CPD-7, with its formal name to yet be determined. The zoning ordinance language that would be
approved as part of the zoning code would be determined at the time the preliminary or final plat would be
proposed.
Per the narrative, the petitioner seeks a CPD rezoning that would allow a future plat to have about 15 lots
that would all follow the general zoning characteristics of the RS-2 zoning district (lots of at least 20,000
square feet and at least 110 feet in width, when sewered). While the RS-2 base zoning district is noted,
the proposed CPD concept layout shows lot sizes ranging between around 22,360 square feet and
39,249 square feet with average lots widths around 130’.
The idea behind a Conservation Planned Development is to preserve over 50% of the lands and cluster a
development in various areas of a parcel. A developer can then request bonus parcels if they meet
various conservation standards set forth in the Muskego code. Up to four (4) bonus parcels would be
allowed for any development that has less than 40 acres. A developer must first provide a yield plan to
show how many parcels might be developed under the existing zoning district in order to know how many
lots to apply the bonus lots to.
The developer is showing that they are meeting the following ordinances in order to receive the requested
bonus parcels as follows:
iii. Preservation of Environmental features identified in the adopted Conservation Plan and
any other significant environmental features found in the platted area. Preservation may
include a minimum 50-75 foot setback from the environmental features identified.
Conservation Subdivision will have all wetlands in outlots (none on private lots). Setbacks for
wetlands will be 80’-100’+ from any private lot lines.
iv. Restores native prairie and provides a management plan for perpetual maintenance.
Conservation Subdivision will have all open spaces restored with prairie grasses and an open
space management plan recorded. (Important Note: Parcels to be farmed with soybeans in 2018
which will aid prairie restoration come fall.)
v. Improves water quality through stormwater management standards and practices that
exceed the minimum standards of Chapter 34 of the Municipal Code, and, as approved by
the City Engineer and the Public Works Committee. Ample room to provide enhanced
stormwater management practices to be approved by Muskego as part of future construction
plans.
vii Provides 50% or more of the gross acreage as open space in the development (Rights -of-
way shall not count towards open space requirements. Stormwater outlots may not count
towards open space requirements, subject to Planning Commission approval, when they
are subject to deed restrictions, easements, or open space management plans). 54% of
open space to occur. Further, no private lots will abut Lake Denoon frontage. A buffer with
restoration along a private outlot will occur instead.
ix As opposed to wetlands or other non -buildable areas; Open, buildable land may be
counted as more meaningful preservation for purposes of awarding bonus lots. A large
amount of open buildable land will now be kept in restored outlots instead of developed as large
open lots like shown in the yield plan.
Comprehensive Plan:
The Comprehensive Plan shows this parcel as Rural Density Residential allowing <0.49 units/acre. That
equates a density of about 88,898 SF of land per home. The proposed rezoning and future proposed plat
would meet the Comprehensive Plan densities set forth and no amendment would be required. The
concept proposal currently shows 15 lots, 4 of which are bonus lots, over about 24.97 acres. When the
bonus lots are removed, this equates to about 0.44 units/acre, which is within the code allowance.
Also, it should be noted that the Comprehensive Plan was adopted to promote conservation planned
developments throughout all the undeveloped parcels in the city. One of the main recommendations
behind the plan is that the city wanted to allow future residential development but in an environme ntally
conscious way. Thus, the Comprehensive Plan Land Use Map shows a majority of the city’s open lands
with a hash-marking. This hash-marking represents where the city wanted a developer to first look into a
conservation development before developing a parcel under a base zoning district. The petitioned parcel
does have this hash-marking on the plan maps. Having a conservation planned development here is
especially key due to the parcels location in regards to Lake Denoon and the Shoreland Wetlands a long
the lakeshore.
Public Hearing:
There was a public hearing held on April 24, 2018. There were eight (8) people that spoke at the meeting
with concerns/questions about this request/project. The general comments/concerns and responses are
listed below:
Concerns with additional access to and traffic on the lake – The City of Muskego cannot limit
access to a public water body. Lake Denoon is a public lake and anyone may access it by
right if they so wish. Piers or docks are regulated by the DNR, not t he City. The DNR will
determine if any piers are allowed and if so, how many piers and/or slips.
Concerns with not keeping this property as a nature preserve – The City’s Park and
Conservation Plan does not call for the preservation of this entire propert y. The Plan
does show that the wetlands that front the lake shore are of a high conservation priority,
as that is why this development makes a good candidate for a Conservation Subdivision.
The Conservation Subdivision concepts ensure that the all wetlan ds on the land are
preserved in a permanent preserved open space area, including those along the lake
shore.
Concerns with City water – City water in not available in this portion of the City so this
development would be serviced with private water wells. Since no public water is
available in this area, no hydrants can be added to this area. Also, this development
cannot connect to the existing private water trust in the Lake Meadows Subdivision.
Concerns with sanitary sewer connection – Sanitary sewer would need to be expanded at the
developer’s expense to this possible development. The house to the south of this
property would not have to connect to this sewer system due to its current
location/separation.
Concerns with invasive species being brought to this lake – The DNR and the City of Muskego
work to get information of about proper cleaning and the concerns with invasive species.
While the City cannot be there to clean people’s boats for them, the boaters need to be
good stewards of the lakes and make sure they are taking all proper step to prevent/limit
the spread of invasive species.
Concerns with pedestrian/traffic safety in the area – Traffic from this development would
directly access Crowbar Drive. Vehicles then can choose to go north or south . We can
let the Police Department know that there have been concerns raised r elating to speeding
along South Denoon Road.
STAFF RECOMMENDATION PC 028-2018
Approval of Resolution PC 028-2018 - Subject to approval of the Preliminary Plat, Final Plat, and/or
CSM for development of this land.
NOTE: Since the yield plan and the concept plan are rough sketches at this point, the final lot
count and layout will be established at the Preliminary Plat stage and any rezoning approval at
this time does not guarantee a certain total lot count or layout.
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RESOLUTION #P.C. 028-2018
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RS-2 SUBURBAN
RESIDENCE DISTRICT TO CPD – CONSERVATION PLANNED DEVELOPMENT DISTRICT
FOR THE PROPERTY LOCATED IN THE SW 1/4 & SE ¼ OF SECTION 31
(TAX KEY NO. 2283.999 / CROWBAR DRIVE)
WHEREAS, A petition to rezone properties from the RS-2 Suburban Residence District to a CPD
– Conservation Planned Development District was submitted by John Jewell (Tax Key No.
2283.999 / Crowbar Road), and
WHEREAS, The 2020 Comprehensive Plan identifies this area for rural density residential uses
consistent with a density of <0.49 units/acre and the proposal meets this requirement, and
WHEREAS, The petitioner seeks a CPD rezoning that would allow a future plat to have about 15
lots that would all follow the general zoning characteristics of the RS-2 zoning district (lots of at
least 20,000 square feet and at least 110 feet in width, when sewered), and
WHEREAS, The idea behind a Conservation Planned Development is to preserve over 50% of
the lands and cluster a development in various areas of a parcel and the proposed concept
currently shows 54% open lands, and
WHEREAS, The yield plan that has been submitted shows the allowance of approximately 11 lots,
and
WHEREAS, The petitioner is requesting four (4) bonus parcels in addition to the base yield, as is
allowed per the ordinance, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on April 24,
2018, and eight (8) residents brought up concerns with the proposed development/rezoning, and
WHEREAS, The development would be served by existing public sanitary sewer and private water
wells.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to CPD – Conservation Planned Development (Tax Key
No. 2283.999 / Crowbar Drive).
BE IT FURTHER RESOLVED, Since the yield plan and the concept plan are rough sketches at
this point, the final lot count and layout will be established at the Preliminary Plat stage and any
rezoning approval at this time does not guarantee a certain total lot count or layout.
BE IT FURTHER RESOLVED, That the rezoning approval is subject to approval of the
Preliminary Plat, Final Plat, and/or CSM for development of this land.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
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: May 1, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 029-2018
For the meeting of: May 1, 2018
REQUEST: Accessory Structure
Tax Key No. 2214.996.005 / W149 S8282 Harvest Ct.
NW ¼ of Section 14
PETITIONER: Jeff Frey
INTRODUCED: May 1, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 029-2018
The petitioner proposes to construct a 24’ x 32’ metal accessory structure (768 square feet) with a 8’ x 32’ covered
porch (256 square feet), totaling 1,024 square feet, on their 2 acre lot. The applicant is proposing a steel clad
structure and since said materials and colors do not match the home Plan Commission approvals are required.
Plans are attached for your review.
Plan Commission may waive the architectural requirements for accessory struc tures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circum stances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 029-2018
Comprehensive Plan: The 2020 Plan depicts the area for low density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RS-2 Suburban Residence District. Accessory structures
totaling 1,742 square feet are permitted on the subject property. The current
proposal measures 1,024 square feet in area. There are no existing accessory
structures that exist on this lot, other than a small chicken coop. The proposal
meets the bulk requirements of the Zoning Code.
STAFF DISCUSSION PC 029-2018
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to these concerns.
The petitioner is proposing a steel sided and steel roofed structure. The colors of the walls will be red, the trim and
doors will be white, and the roof will be charcoal gray and these colors do not match the home. The owner is
proposing a building that looks more like an older traditional barn (red) in color. The proposed building location will
be over 100’ from the road. The building is shown containing decorative elements such as a cupola, a pedestrian
door, windows, and a covered porch.
The newly proposed building can be used only for personal storage.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activi ties.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific
portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be eq ual to
those on the main home.
STAFF RECOMMENDATION PC 029-2018
Approval of Resolution #PC 029-2018, finding that there will be no undue harm to the surrounding
properties, the building is located over 100’ from the road, the area is fairly rural in char acter, and woods
surround portions of the site.
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RESOLUTION #P.C. 029-2018
APPROVAL OF AN ACCESSORY STRUCTURE
FOR THE FREY PROPERTY LOCATED IN THE NW ¼ OF SECTION 14
(TAX KEY NO. 2214.996.005 / W149 S8282 HARVEST CT.)
WHEREAS, A site plan and building drawings were submitted to construct a 24’ x 32’ metal accessory
structure (768 square feet) with a 8’ x 32’ covered porch (256 square feet), totaling 1,024 square feet,
on the Frey property located at W149 S8282 Harvest Ct. (Tax Key No. 2214.996.005), and
WHEREAS, The property is zoned RS-2 Suburban Residence District, and whereas said structure is a
permitted accessory use and subject to Plan Commission review due to the proposed architectural
materials and colors shown, more specifically due to a proposed gray steel roof and red steel siding,
and
WHEREAS, A home residence currently resides on the property with no existing accessory structures,
other than a small chicken coop, and
WHEREAS, The total square footage of 1,024 square feet is within the total allowable square footage
for accessory structures on this property of 1,742 square feet and said proposal meets the bulk
requirements of the Zoning Code, and
WHEREAS, The accessory structure can be used for personal storage only, and
WHEREAS, The proposed height is approximately 16.3 feet, as measured by code, which is allowed in
said zoning district due to the size of the lot, and
WHEREAS, The structure is proposed to be clad with steel vertical wall panels and a steel roof and
said proposal does not meet the Plan Commission’s standards for administr ative approval of
residential accessory structures as the roofing does not match the materials to be used on the primary
residence, and
WHEREAS, The colors of the walls will be red, the trim and doors will be white, and the roof will be
charcoal gray and these colors do not match the home, which is why said approvals are being sought,
and
WHEREAS, The building is shown containing decorative elements such as a cupola, a pedestrian
door, windows, and a covered porch, and
WHEREAS, The structure is located about 100 feet from the road.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 1,024 square foot metal
accessory structure for the Frey property located at W149 S8282 Harvest Ct. (Tax Key No.
2214.996.005).
BE IT FURTHER RESOLVED, The building cannot be used for the operations of any business
activities.
BE IT FURTHER RESOLVED, The floor of the entire building must be concrete or asphalt, unless a
specific portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be
equal to those on the main home.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to
no undue harm to the surrounding properties, the building is located over 100’ from the road, the area
is fairly rural in character, and woods surround portions of the site.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the
approved site plans shall result in the issuance of fines of $100 per day per violation, the initiation of
legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 1, 2018
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 030-2018
For the meeting of: May 1, 2018
REQUEST: Public Participation Plan - 2035 Comprehensive Plan Update
PETITIONER: City of Muskego - Planning Division
INTRODUCED: May 1, 2018
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 030-2018
In order to facilitate public knowledge and involvement in the Comprehensive Planning Process,
the City of Muskego has prepared the attached public participation plan. The plan was
prepared in conformance with Section 66.1001(4)(a) of Wisconsin Statutes, which states: “The
governing body of a local government unit shall adopt written procedures that are designed to
foster public participation, including open discussion, communication programs, informatio n
services, and public meetings for which advance notice has been provided, in every stage of the
preparation of a comprehensive plan. The written procedures shall provide for wide distribution
of proposed, alternative, or amended elements of a comprehensive plan and shall provide an
opportunity for written comments on the plan to be submitted by members of the public to the
governing body and for the governing body to respond to such written comments.”
STAFF DISCUSSION PC 030-2018
Public participation helps to ensure that the Comprehensive Plan accurately reflects the needs,
opportunities and desires of our community. This document outlines the procedures that will be
used in the Comprehensive Planning Process to foster public participation, and to ensure that
there are opportunities for public participation at every stage of the preparation of the
Comprehensive Plan Update.
STAFF RECOMMENDATION PC 030-2018
Approval of Resolution #PC 030-2018
RESOLUTION #P.C. 030-2018
RECOMMENDATION TO ADOPT A PUBLIC PARTICIPATION PLAN
FOR THE 2035 COMPREHENSIVE PLAN UPDATE
WHEREAS, To ensure compliance with the State of Wisconsin’s Comprehensive Planning Law
as detailed in s. 66.1001(4)(a) Wis. Stats., the attached Public Participation Plan is proposed as
an integral part of the City of Muskego’s Comprehensive Planning Process, and
WHEREAS, As a way in which to facilitate community conversations and further the City of
Muskego’s goals of informed decision making and meaningful citizen engagement, the attached
Public Participation Plan is proposed to provide multiple opportunities for Muskego residents,
business owners, and leaders to discuss the city’s future and develop a unified vision, and
WHEREAS, The attached Public Participation Plan will provide the City of Muskego’s
Comprehensive Planning Process with a firm foundation in the community’s voice to continue a
community development strategy that values the city’s rich natural resources, strong and
diverse business community, portfolio of housing choices, and engaged citizenry.
THEREFORE BE IT RESOLVED, That the City of Muskego adopts the attached Public
Participation Plan for the City of Muskego 2035 Comprehensive Plan.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 1, 2018
ATTEST: Kellie McMullen, Recording Secretary