PLAN COMMISSION Packet - 12/3/2019CITY OF MUSKEGO
PLAN COMMISSION AGENDA
12/03/2019
6:00 PM
Muskego City Hall, Council Chambers, W182
S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the minutes of the November 5, 2019 meeting.
PUBLIC HEARING
Public Hearing for Bill & Jennifer Balcerzak requesting a Conditional Use Grant for the
purpose of allowing a residence on the same property as a business within a Commercial
Zoning District.
CONSENT BUSINESS
RESOLUTION PC 066-2019 Approval of a second Accessory Structure for Jon Urbanek &
Sara Kipczynski located at W213 S7764 Annes Way / Tax Key No. 2187.006.
RESOLUTION PC 069-2019 Approval of a Two-Lot Certified Survey Map for John Jewell
located at W196 S7307 Hillendale Drive / Tax Key No. 2190.994.001.
RESOLUTION PC 072-2019 Approval of a Two-Lot Certified Survey Map for Howard
Schneider and Adam Kapusta located at W186 S6850 Jewel Crest Drive and W187 S6866
Jewel Crest Drive / Tax Key Nos. 2174.029, 2174.030 & 2174.031.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 067-2019 Recommendation to Council to rezone a property from B-3
General Business to a Planned Development District and amend the 2020 Comprehensive
Plan from Commercial Land Uses to a combination of Commercial and Medium Density
Residential land uses, Approval of a Certified Survey Map and Condominium Plat for Home
Path Financial located at S76 W17501 Janesville Road / Tax Key No. 2196.958.004.
RESOLUTION PC 068-2019 Approval of a Certified Survey Map near St. Leonards Drive
for Home Path Financial located at S76 W17501 Janesville Road / Tax Key No.
2196.958.004.
RESOLUTION PC 070-2019 Approval of a Conditional Use Grant for Bill & Jennifer
Balcerzak located at S64 W13896 Janesville Road / Tax Key No. 2162.994.
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Plan Commission Agenda 2
12/3/2019 6:00:00 PM
RESOLUTION PC 071-2019 Approval of a Building, Site and Operations Plan Amendment
for Eagle Park Brewing Company located at S64 W15620 Commerce Center Parkway / Tax
Key No. 2166.997.003.
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
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UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
11/05/2019
6:00 PM
Muskego City Hall, Council Chambers, W182
S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti Called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Alderman Kubacki, Commissioners Oliver, Jacques, Bartlett
and Planner Trzebiatowski.
Absent: Commissioners Buckmaster and Graf.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the minutes of the October 1, 2019 meeting.
Commissioner Jacques made a motion to approve the minutes of the October 1, 2019
meeting. Commissioner Bartlett seconded. Motion passed unanimously
PUBLIC HEARING
Public Hearing for Presbyterian Homes Wisconsin/Senior Housing Partners requesting a
Conditional Use Grant in accordance with the Muskego Zoning Ordinance to allow a senior
housing campus development including independent living units, assisted living units and
memory care units for the property located at W147 S6800 Durham Place / Tax Key No.
2168.961.
Mr. Trzebiatowski provided an overview of the proposed project to demolish the former Tess
Corners School and build a new senior housing complex with 80 independent living units, 20
memory care living units and 20 assisted care units. The building will be two stories closest
Janesville Road and three stories on the southern part of the site. The complex includes
three wings with a Town Center in the middle.
Jim Reitz, S68 W14583 Sandy Knoll Ct.
Not opposed to the development, but has concerns including:
- Drainage. Previously when the parking lot was redone, he and several other
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- View. Concerned with the view from their yards with a proposed 3-story building.
- Dumpsters. The location of the dumpsters is concerning knowing that dumpsters
are typically behind the building.
- Lighting. Lighting from the side of the building is concerning as their backyards
face the building.
With no additional comments, Mayor Chiaverotti closed the public hearing.
Public Hearing for Kwik Trip requesting a Conditional Use Grant in accordance with the
Muskego Zoning Ordinance for the purpose of allowing a gas station for the property
located at S63 W13510 Janesville Road / Tax Key No. 2162.999.002.
Mr. Trzebiatowski provided an overview of the proposed project for a gas station,
convenience store and car wash. The proposed building is oriented so the front of the store
faces west to where the pumps are located.
Brian Rausch, S66 W13809 Hemming Way
Feels as though Tess Corners neighborhood is treated differently from the rest of the City as
far as lighting, garbage receptacles, park benches and median treatments. A gas station
isn’t the type of gateway that should be located at the entrance to the City. Tess Corners
could be very attractive, but everything is plain and would like to see improvements that a
gas station will not provide.
Karen Piotrowski, S63 W15174 Garden Terrace
Curious why no visuals or schematics are not present for people to see. Planner
Trzebiatowski explained drawings have been on the website.
Scott Jentsch, 6005 S. Carrington Lane
No complaints regarding Kwik Trip as a whole but concerns regarding the following:
- Lighting. Many gas stations tend to be over-lit even during daytime.
- Signage. Noticed two signs one on Janesville Road and one on College Avenue.
Concerns with size and content. Sign appears to be very tall and also has an electronic
message board. Currently there is no other signage along College and Kwik Trip is
proposing a sign along the road. He would like consideration regarding if sign is needed
at all or if the height and size could be reduced and if possible remove the electronic
message board. They are concerned that the sign will encourage traffic on College
Avenue rather than Janesville Road.
- Traffic. College Avenue is a hazardous road with many accidents. A gas station will
make the traffic issue worse.
- Deliveries. Past developments agreed to use Janesville Road and Moreland Road
rather than College Avenue. If Kwik Trip would agree to the same, it would be
appreciated.
With no additional comments, Mayor Chiaverotti closed the public hearing.
CONSENT BUSINESS
RESOLUTION PC 064-2019 Approval of an Annual Review for Pick 'n Save located at S74
W17005 Janesville Road / Tax Key No. 2199.999.065.
Alderman Kubacki made a motion to approve the consent business. Commissioner
Jacques seconded. Motion passed unanimously.
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NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 062-2019 Recommendation to Council to rezone property from I-1
Government and Institutional District to a Planned Development District, Approval of a
Conditional Use Grant and a Building, Site and Operations Plan for Presbyterian Homes
Wisconsin/Senior Housing Partners located at W147 S6800 Durham Place / Tax Key No.
2168.961.
Mr. Trzebiatowski addressed concerns from the Public Hearing. The developer and City
engineering staff are all aware of the drainage issues and the developer is already working
on grading, stormwater management, storm sewer and retention ponds. As for the height,
the height will be two stories along Janesville Road and due to the natural terrain the south
side of the building will be three stories. However the roofline follows through at the same
height from the two story to the three story portions of the building. As for the dumpster
concern, any dumpsters, generator or transformer will be located in a recessed area on the
western side of the building with the dumpsters allowed outside only on the days of pick-up.
The lighting standards of the city will be enforced on this building similar to any other
development.
Site access will be from Janesville Road for service drop-off and pick-up, employees and
visitors. Residents will access the site from Durham Place to the underground parking area.
There is no cut through from Janesville Road to Durham Drive per Waukesha County. The
setback and offsets meet the City Code. There will be 42 parking stalls toward the north
near Janesville Road and 13 stalls from the southern access for overflow along with 80
underground parking stalls. Related to the architecture, the building as shown is 51.3%
masonry. There is an elevation or two that staff recommends additional masonry.
Overall, the project meets the intentions of the Planned Development. The applicant is
asking for a height waiver and a slight waiver for floor area ratio and open space.
Commissioner Oliver asked if the retention ponds will be fenced. Mr. Trzebiatowski said no,
there is no codes requiring fencing. Also the pond is intended to be an amenity rather than
just a stormwater pond.
Alderman Kubacki asked if there are berms on-site. Mr. Trzebiatowski said there are some
berms on the southern side for stormwater as well as cosmetic to help screen the view for
the neighbors.
Commissioner Bartlett questioned if there was any screening and landscaping on the east
side of the building. Mr. Trzebiatowski explained that there should be more landscaping, but
if the Plan Commission has specific concerns they could be included in the Resolution.
Commissioner Bartlett suggested additional conifer trees along the east side buffering this
building from the neighbors.
Alderman Kubacki asked about the illustration from the south if the trees are existing or
proposed. Mr. Trzebiatowski stated that the plantings on the property for the development
will be new as any existing trees will likely be removed during grading. Alderman Kubacki
concurs with Commissioner Bartlett on plantings on the east side of the building.
Commissioner Oliver asked about the height of the existing school building. Mr.
Trzebiatowski said we do not have that height and typically do not use those measurements
to compare to new development.
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Commissioner Bartlett asked about truss height for height of the building. Mr. Trzebiatowski
explained the how the height is measured by code and how they relate to the heights
identified on the plans.
Commissioner Jacques made a motion to approve Resolution 062-2019. Alderman Kubacki
seconded. Motion passed unanimously.
RESOLUTION PC 063-2019 Approval of a Conditional Use Grant and Building, Site and
Operation Plan for Kwik Trip, Inc located at S63 W13510 Janesville Road / Tax Key No.
2162.999.002.
Mr. Trzebiatowski provided an overview of the proposed development of a Kwik Trip. This
property is part of the Tess Corners/Crossroads Design Guide. Kwik Trip included many
aspects of the design guide including a brick band along the bottom with lap siding for a
residential appearance per the Design Guide. The Plan Commission can approve a
standing seam metal roof even though it is discouraged in the Design Guide. The canopy
over the gas pumps has a hip roof to match the building. Access is from Janesville Road
and cross-access with the neighboring use to the west. County highways are meant to
handle additional traffic and Janesville Road and College Avenue are county highways.
Twenty-seven parking stalls are proposed meeting the code. The car wash is on the east
side of the building and Kwik Trip did add architectural features on that side of the building
to match the front elevation. Similar to other car washes, the resolution as written limits car
wash hours. The gas station is proposed as 24 hours per day. The resolution states that
deliveries and pickups also have limited hours.
For outdoor storage Kwik Trip has proposed an LP sales bin on the west side of the building
and two ice storage bins on the north side of the store, but staff recommends painting the
ice storage bins similar to the painted LP rack to match the building. Salt storage is
proposed on the inner three gas pump islands between the pumps and the end of each gas
pump island. Staff is recommending allowing salt only on the three inner islands between
the gas pumps as long as they are on an elevated curb and kept neat and clean.
A landscaping plan was submitted and will need formal staff review during permitting. One
note is that a 15-foot landscape buffer along Janesville Road is required in the design guide.
Staff is recommending allowing this to be reduced to a ten feet buffer typical of most other
districts with increased landscaping along Janesville Road.
For signage, Kwik Trip is allowed the same as most other businesses being five percent of
the wall area including the canopy. Two monument signs have been proposed. Normal
height of a monument sign is seven feet at the lot line with a bonus available if the sign is
moved back from the right of way. An electronic message center is proposed on both signs,
which can be discussed by the Plan Commission.
A water main extension will be required with the development of this site.
Jeff Osgood, the developer, spoke to clarify a couple comments. City staff recommended
the car wash doors match the building, but Kwik Trip uses a clear plastic material and
anodized aluminum doors to meet energy codes. Commissioner Bartlett noted that the exit
doors to Kwik Trip car washes tend to look dirty, but could be handled with screening or
landscaping.
The applicant said that Waukesha County has been discussing potential
acceleration/deceleration lanes for the egress on College Avenue. To clarify the number of
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as the outside pump islands only have two gas dispensers as shown on the elevations, not
three as shown on the site plan. The applicant also clarified water main extension upsizing.
Commissioner Bartlett asked if the stores were had fire sprinklers. The applicant said they
are not.
The applicant said there is no issues restricting the deliveries of all venders and fuel to the
hours as stated, but would like an extension for the Kwik Trip deliveries of fresh products.
Rather than deliveries ending at 9:00, they are looking for deliveries until 11:00pm.
Alderman Kubacki asked about the island landscaping north of the building. The applicant
explained this is landscaping to buffer the north side of the building from College Avenue.
Commissioner Oliver asked if the sign on College Avenue could be reduced for the
residential neighbors to the north. The applicant said they worked through the code and the
sign is minimized based on their standard signs. Commissioner Bartlett and Alderman
Kubacki stated that the electronic message center may be the issue and removing that from
the College Avenue sign would be better.
Alderman Kubacki revisited the deliveries for clarification and does not have issues with only
Kwik Trip deliveries allowed until 11:00 pm.
Commissioner Bartlett noticed there are five light poles on the College Avenue side of the
property and any possibility to reduce the lighting. The applicant stated that Kwik Trip meets
the lighting standards of 0.5 footcandles per the City code at the property lines, but strive to
meet 0.1 footcandles and the fixtures will be full cut-off to meet City codes.
Mr. Trzebiatowski clarified the discussion for amendments to the motion. Amendments
include:
1. More screening by the car wash exit doors.
2. Kwik Trip deliveries allowed up to 11:00 pm.
3. Signage on College Avenue has the electronic message center removed.
Commissioner Jacques made a motion to approve Resolution 063-2019. Alderman Kubacki
seconded. Alderman Kubacki made a motion to amend Resolution 063-2019 as discussed
regarding screening by the car wash exit doors, Kwik Trip delivery time, and removing the
electronic message center on the sign along College Avenue. Commissioner Jacques
seconded. Motion to amend Resolution 063-2019 passed unanimously. Motion to approve
amended Resolution 063-2019 passed unanimously.
RESOLUTION PC 065-2019 Recommendation of Approval of a Final Plat for the Waters of
Lake Denoon Subdivision located along Crowbar Drive / Tax Key No. 2283.999.
Mr. Trzebiatowski provided overview of the Final Plat.
Commissioner Jacques made a motion to approve Resolution 065-2019. Commissioner
Bartlett seconded. Motion passed unanimously.
MISCELLANEOUS BUSINESS
Nothing at this time.
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ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Jacques seconded. Motion
passed unanimously.
Respectfully Submitted,
Aaron Fahl
Associate Planner
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City of Muskego
City of New BerlinCollege Ave.
CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PL EASE T AKE N OT ICE tha t the Pla n Co m m issio n o f the City o f Muskego will ho ld a Pub lic Hea rin g a t 6:00 PM, o r sho rtly therea fter, o n T uesda y, Decem b er 3, 2019, a t Muskego City Ha ll, W182 S8200 Ra cin e Aven ue, to co n sider the fo llo win g: U po n the petitio n o f Bill a n d Jen n ifer Ba lcerza k sha ll the fo llo win g a rea kn o wn a s: T a x Key N o . 2162.994 / S64 W13896 Ja n esville Ro a d Be gra n ted a Co n ditio n a l U se Perm it in a cco rda n ce with the Muskego Z o n in g Ordin a n ce fo r the purpo se o f a llo win g a residen ce o n the sa m e pro perty a s a b usin ess within a co m m ercia l zo n in g district. T he petitio n er’s a pplica tio n is a va ila b le fo r pub lic in spectio n a t the City o f Muskego Pla n n in g Divisio n . All in terested pa rties will b e given a n o ppo rtun ity to b e hea rd. Pla n Co m m issio n City o f Muskego Pub lish in the Muskego N OW N ewspa per o n N o vem b er 13, 2019 a n d N o vem b er 20, 2019. Da ted this 5
th da y o f N o vem b er, 2019. N OT ICE IT IS POSSIBL E T HAT MEMBERS OF AN D POSSIBL Y A QU ORU M OF MEMBERS OF OT HER GOVERN MEN T AL BODIES OF T HE MU N ICIPAL IT Y MAY BE IN AT T EN DAN CE AT T HE ABOVE-ST AT ED MEET IN G AN D GAT HER IN FORMAT ION ; N O ACT ION WIL L BE T AKEN BY AN Y GOVERN MEN T AL BODY AT T HE ABOVE-ST AT ED MEET IN G OT HER T HAN T HE GOVERN MEN T AL BODY SPECIFICAL L Y REFERRED T O ABOVE IN T HIS N OT ICE. N OT ICE "Plea se n o te tha t, upo n rea so n a b le n o tice, effo rts will b e m a de to a cco m m o da te the n eeds o f disa b led in dividua ls thro ugh a ppro pria te a ids a n d services. Fo r a dditio n a l in fo rm a tio n o r to request this service, co n ta ct the Pla n n in g Divisio n a t City Ha ll, W182 S8200 Ra cin e Aven ue, (262) 679-4136."
City of New Berlin
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Public Hearing
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City of Muskego
Plan Commission Supplement PC 066-2019
For the meeting of: December 3, 2019
REQUEST: Second Accessory Structure
Tax Key No. 2187.006 / W213 S7764 Annes Way
SW ¼ of Section 7
PETITIONER: Jon Urbanek & Sara Kopczynski
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 066-2019
The petitioner proposed to construct a 16’ x 30’ accessory structure (480 square feet) on their 60,092 square foot
lot. Plan Commission approval is required as this will be the second accessory building greater than 120 square
feet on the lot. The first accessory structure is 30’ x 24’ with an angled entrance (714 square feet). The Plan
Commission is able to grant approval of a second accessory structure if the total allowable square footage
requirement can be met.
Additionally, as proposed the structure will be sided with a vertical wood panel siding, a gambrel roof structure and
slightly different colors than the house. Since said materials, color and style 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 structures when any of the following are met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 066-2019
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 CPD-1 – Martin Estates Conservation Planned
Development District. Accessory structures totaling 1,201 square feet are
permitted on the subject property. The total of the two accessory structures
measure 1,194 square feet in area. The proposal meets the bulk requirements of
the Zoning Code.
STAFF DISCUSSION PC 066-2019
The Code states that no more than one accessory structure in excess of 120 square feet is shall be permitted on a
lot except when the Plan Commission finds that multiple accessory structures would meet the total allowable size
requirements allowed on the lot. As mentioned above, the existing and proposed accessory structures measure
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RESOLUTION PC 066-2019
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1,194 square feet total and 1,201 square feet of accessory structures are permitted on the subject property based
on the size of the property.
The architectural requirements state that the accessory structure should have similar materials, colors and style as
the principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing a structure with an olive colored vertical wood panel siding with sandstone trim and an
asphalt shingled gambrel roof on the accessory structure. The petitioner is requesting a slightly different color than
the existing house to avoid the same coloration of the house and garage to add a little color appeal. Both the
house and the accessory structures area subtle earth-tones.
The proposed height of the building is 9’ feet as measured per the Zoning Code and that is within the allowed
height of 15 feet.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
STAFF RECOMMENDATION PC 028-2019
Approval of Resolution #PC 028-2019, finding that total square footage of both accessory structures meets
the allowable square footage on the property and there will be no undue harm to the surrounding
properties, the rural-ness of area and the architectural character of the accessory structure.
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RESOLUTION PC 066-2019
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MUSKEGOthe City of
Area of InterestI0180360
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 066-2019
Jon Urbanek & Sara KipczynskiW213 S7764 Annes Way
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Prepared by City of Muskego Planning Department Date: 11/26/2019
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RESOLUTION PC 066-2019
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RESOLUTION #P.C. 066-2019
APPROVAL OF A SECOND ACCESSORY STRUCTURE
FOR THE URBANEK & KOPCZYNSKI PROPERTY LOCATED IN THE SW ¼ OF SECTION 7
(TAX KEY NO. 2187.006 / W213 S 7764 ANNES WAY)
WHEREAS, A site plan and building drawings were submitted to construct a 16’ x 30’ accessory structure (480 square feet) on
the Urbanek & Kopczynski property located at W213 S7764 Annes Way (Tax Key No. 2187.006), and
WHEREAS, The property is zoned CPD-1 – Martin Estates Conservation Planned Development District Country Residence
District, and said structure is a permitted accessory use and subject to Plan Commission review due to there being an existing
accessory structure and the proposed architectural materials shown, more specifically due to a the proposed olive colored
vertical panel siding, and
WHEREAS, A home residence and an accessory structure (714 SF) currently exist on site, in addition to the proposed
building, and
WHEREAS, The proposed square footage of the new and existing accessory structures total 1,194 square feet, which is within
the total allowable square footage for accessory structures on this property (1,201 square feet), which 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 9 feet, as measured by code, which is within the allowed height of 15 feet,
and
WHEREAS, The structure is proposed to be clad with vertical panel wood siding and said proposal does not meet the Plan
Commission’s standards for administrative approval of residential accessory structures as the siding type and color do not
match the materials of the primary residence, and
WHEREAS, The colors of the walls will be olive with sandstone trim and the house is more of a tan with white trim, and
WHEREAS, The roof will be asphalt shingles to match the home, and
WHEREAS, The building is shown containing decorative elements such as a pedestrian door and a couple windows, and
WHEREAS, Approval is also required since this is the second accessory structure over 120 square feet on this lot.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 480 square foot accessory structure for the Urbanek &
Kopczynski property located at W213 S7764 Annes Way (Tax Key No. 2187.006).
BE IT FURTHER RESOLVED, The building and lot cannot be used for the operations of any business activities or for business
storage.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, the rural-ness of area, the architectural character of the accessory structure and the total square
footage of both accessory structures meets the total allowable square footage allowed on the property.
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: December 3, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 069-2019
For the meeting of: December 3, 2019
REQUEST: Two (2) Lot Land Division – Certified Survey Map
W196 S7307 Hillendale Drive / Tax Key No. 2190.994.001
NW ¼ of Section 8
PETITIONER: John Jewell
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 069-2019
The petitioner is proposing to divide one lot into two lots by Certified Survey Map (CSM). The proposed
lots are approximately 1.3 acres and 0.58 acres in size. The property is located at the southern corner of
the intersection of Hillendale Drive and Racine Avenue (CTH Y).
PLAN CONSISTENCY PC 069-2019
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses.
The proposal is consistent with the Plan.
Zoning: The property is zoned RS-2 – Suburban Residence District. This zoning
requires minimum lot sizes of 20,000 SF and an average lot width of
110’. All lots are also required to have at least 80 feet of frontage on a
dedicated right-of-way.
Parks and Conservation Plan:The 2017-2021 Plan does not depict any park or conservation areas on
this property. A trail is shown along Hillendale Drive as a distant priority
in addition to a Priority #2 trail as a planned loop along Racine Avenue.
Given the small sections of right-of-way frontage, not trail segments are
proposed to be added at this time.
Street System Plan: All required right-of-way has been dedicated previously. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The current home is serviced via a septic system. Both lots will need to
connect to the sanitary sewer system that is available. The proposal is
consistent with the plan.
Water Capacity Assessment
District:
Private water wells will service each of these lots. The proposal is
consistent with the plan.
Stormwater Management
Plan:A grading plan will need to be submitted in the future when building
permits are applied for.
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RESOLUTION PC 069-2019
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DISCUSSION PC 069-2019
Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review
has been completed with minor corrections/additions needed prior to 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 069-2019
Approval of Resolution PC 069-2019
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RESOLUTION PC 069-2019
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MUSKEGOthe City of
Area of InterestI0150300
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 069-2019
John JewellW196 S7307 Hillendale Drive
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RESOLUTION #P.C. 069-2019
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE FISCHER PROPERTY
LOCATED AT W196 S7307 HILLENDALE DRIVE / TAX KEY NO. 2190.994.001
WHEREAS, A Certified Survey Map (CSM) was submitted by John Jewell on behalf of John & June Fischer
for a two (2) lot land division located at W196 S7307 Hillendale Drive / Tax Key No. 2190.994.001, and
WHEREAS, The proposed lots are approximately 1.3 acres and 0.58 acres in size, and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
20,000 SF with a minimum average width of 110 feet per lot, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is consistent with the plan, and
WHEREAS, Both lots will be served by private water wells, and
WHEREAS, Both lots will be served by municipal sanitary sewer, and
WHEREAS, Both lots have access to Hillendale Drive.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by John Jewell on behalf of John & June Fischer for a two (2) lot land division located at W196 S7307
Hillendale Drive / Tax Key No. 2190.994.001, subject to technical corrections as identified by the City
Engineers, and payment of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, 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, 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: December 3, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 072-2019
For the meeting of: December 3, 2019
REQUEST: Two (2) Lot Land Combination – Certified Survey Map
Jewel Crest Drive / Tax Key Nos. 2174.029, 2174.030 & 2174.031
SW ¼ of Section 4
PETITIONER: Howard Schneider on behalf of Howard Schneider and Adam Kapusta
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 072-2019
The petitioner is proposing to reconfigure/combine three (3) existing lots into two (2) new lots by Certified
Survey Map (CSM). The proposed lots are approximately 13,418 SF and 14,797 SF in size. Each of the
owners of the outer two original lots will be absorbing a portion of the center lot, which contains a garage
and formerly contained a house, which has been removed. The property is located on Jewel Crest Drive
on the west shore of Little Muskego Lake.
PLAN CONSISTENCY PC 072-2019
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses.
The proposal is more complaint with the Plan than the existing
configuration.
Zoning: The property is zoned RL-3 – Lakeshore Residence District. New land
divisions in the RL-3 district typically require minimum lot sizes of 15,000
SF with a minimum average width of 100 feet per lot for new land splits.
Since the three existing lots are non-conforming and the three lots are
being combined, not split, into two new larger lots, the lots do not need
to meet the minimum size/widths since the lot are being made more
complaint than they currently exist.
Parks and Conservation Plan:The 2017-2021 Plan does not depict any park or conservation areas on
this property.
Street System Plan: All required right-of-way has been dedicated previously. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: Both existing home are connected to the sanitary sewer system. The
proposal is consistent with the plan.
Water Capacity Assessment
District:
Private water wells will service each of the homes. The proposal is
consistent with the plan.
Stormwater Management
Plan:Not applicable.
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DISCUSSION PC 072-2019
Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review
has been completed with minor corrections/additions needed prior to 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/Planning Divisions. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 072-2019
Approval of Resolution PC 072-2019
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MUSKEGOthe City of
Area of InterestI04080
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 072-2019
Howard Schneider and Adam KapustaW186 S6850 Jewel Crest Drive and W187 S6866 Jewel Crest Drive
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RESOLUTION #P.C. 072-2019
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE SCHNEIDER/KAPUSTA PROPERTY
LOCATED ON JEWEL CREST DRIVE / TAX KEY NOS. 2174.029, 2174.030 & 2174.031
WHEREAS, A Certified Survey Map (CSM) was submitted by Howard Schneider on behalf of Howard
Schneider and Adam Kapusta for a two (2) lot land combination located along Jewel Crest Drive / Tax Key
Nos. 2174.029, 2174.030 & 2174.031, and
WHEREAS, The CSM is reconfiguring three (3) existing lots into two (2) new lots, and
WHEREAS, The proposed lots are approximately 13,418 SF and 14,797 SF in size, and
WHEREAS, The property is zoned RL-3 Lakeshore Residence District and new land divisions in the RL-3
district typically require minimum lot sizes of 15,000 SF with a minimum average width of 100 feet per lot for
new land splits, and
WHEREAS, Since the three existing lots are non-conforming and the three lots are being combined, not
split, into two new larger lots, the lots do not need to meet the minimum size/widths since the lot are being
made more complaint than they currently exist, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is more compliant than the existing lots, and
WHEREAS, Both lots will be served by private water wells, and
WHEREAS, Both lots will be served by municipal sanitary sewer, and
WHEREAS, Both lots have access to Jewel Crest Drive, and
WHEREAS, Each of the owners of the outer two original lots will be absorbing a portion of the center lot,
which contains a garage and formerly contained a house, which has been removed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Howard Schneider on behalf of Howard Schneider and Adam Kapusta for a two (2) lot land combination
located along Jewel Crest Drive / Tax Key Nos. 2174.029, 2174.030 & 2174.031, subject to technical
corrections as identified by the City Engineers/Planners, and payment of all applicable fees and outstanding
assessments if applicable.
BE IT FURTHER RESOLVED, 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, 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: December 3, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 067-2019
For the meeting of: December 3, 2019
REQUEST: Recommendation to Council for a Rezoning from B-3 (General Business District) to PD
(Planned Development District; PD-48) and an Amendment to the 2020 Comprehensive Plan from
Commercial uses to Commercial and Medium Density Residential uses, and Approval of a Certified
Survey Map and Condominium Plat for the Cobblestone Meadows development
S76 W17501 Janesville Road / Tax Key No. 2196.958.004
SE ¼ of Section 9
PETITIONER: Home Path Financial
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 067-2019
Home Path Financial has submitted requests for rezoning, amendment to the 2020 Comprehensive Plan,
Certified Survey Map, and Condominium Plat for a future Cobblestone Court development. The site will
be rezoned from B-3 General Business District and RS-3 Suburban Residential District to PD – Planned
Development District, based on the underlying zoning of RM-2 – Multiple Family Residence District (Lot 1)
and B-3 – General Business District (Lot 2/Outlot 1).
The 2020 Comprehensive Plan currently identifies this area as Commercial Uses and as part of this
request the land use plan would be amended to Medium Density Residential uses (for the two-family
homes/duplexes) and Commercial uses (for the commercial outlot).
A Certified Survey Map and Condominium Plat are also being requested to identify the condo lot and
commercial lot/outlot, to dedicate the new road right-of-way and to layout the condo development/building
locations for the future development. Overall, the development as proposed will include nine separate
side-by-side duplexes for a total of eighteen total residential units.
Back in 2015, this property was conditionally approved for rezoning and 2020 Comprehensive Plan
amendment as PD-48 to allow 16 total units within 8 duplex buildings on this property, similar to this
proposal, but with two less units. The property was never formally mapped/enacted due to the condition
in the ordinance relating to BSO approval for the duplex units/development. This new request is to over-
ride that previous conditional approval.
PLAN CONSISTENCY PC 067-2019
Comprehensive Plan: The 2020 Plan depicts the area for Commercial uses. The proposal is to
amend the Plan to Medium Density Residential uses (for the two-family
homes/duplexes) and Commercial uses (for the commercial outlot).
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Zoning: The area is currently zoned B-3 General Business District along
Janesville Road and RS-3 Suburban Residential District in the bulk/rear
of the property. The proposal is to rezone the area to PD Planned
Development District with a base underlying zoning of RM-2 – Multiple
Family Residence District (Lot 1) and B-3 – General Business District
(Lot 2/Outlot 1) consistent with the 2020 Comprehensive Plan
Amendment request.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park areas or conservation
areas on this property. The proposal is consistent with the Plan.
Street System Plan: The developer is working with Waukesha County to ensure the proper
Janesville Road right-of-way is being accounted for. The new road right-
of-way for the development is being been dedicated as required as part
of the CSM. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The development will be served by municipal sanitary sewer extension.
The proposal is consistent with the Plan.
Water Capacity Assessment
District:
The development will be served by municipal water extension. The
proposal is consistent with the Plan.
Stormwater Management
Plan:
As part of the buildout of this entire development, construction, grading
and stormwater plans will need to be reviewed for compliance with all
applicable codes.
DISCUSSION PC 067-2019
Rezoning and 2020 Comprehensive Plan Amendment
As mentioned above, the request is to rezone the property from B-3 General Business District and RS-3
Suburban Residential District to PD Planned Development District (PD-48) with a base underlying zoning
of RM-2 – Multiple Family Residence District (Lot 1) and B-3 – General Business District (Lot 2/Outlot 1).
The 2020 Comprehensive Plan depicts the area for Commercial uses. The proposal is to amend the Plan
to Medium Density Residential uses (for the two-family homes/duplexes) and Commercial uses (for the
commercial outlot).
In all, the density created by this plan would be a total of eighteen (18) multi-family units (in nine
buildings) on approximately 6.34 acres. The residential development results in approximately 2.84
units/acre or 1 unit per 15,342 square feet of land (gross). This density falls within the Medium Density
Residential use which allow up to 2.99 units per acre. The RM-2 zoning allows 10,000 square feet of land
per unit and the proposal fits within that allowance too. The applicant is not requesting any type of
density bonus as part of this PD request.
As is referenced above, PD-48 received previous rezoning approvals under Ordinance #1396 on May 12,
2015 to conditionally allow 16 total units within 8 duplex buildings on this property. This new request is to
over-ride that previous conditional approval. The proposed changes noted above and in the Common
Council Ordinance would amend the conditional approval that was previously granted under the PD-48
Ingold district. If this rezoning is approved, the name of the PD district will be amended as part of this
ordinance from “Ingold” to “Cobblestone Meadows”.
Also, as part of the past approval of Ordinance #1396, there were two single-family lots located along
Westwood Drive that were originally zoned RS-3 that were not to change. Their land use was to be
changed from Commercial uses to Medium Density Residential uses that were never formally mapped
due to the condition in the ordinance relating to BSO approval for the duplex units. Per the conditions
listed in Ordinance #1396, once the new ordinance is approved, it will formally implement this past land
use amendment for these single-family lots (2196.958.003 & 2196.958.002). The Plan Commission
Resolution and the Common Council Ordinance are drafted as such.
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Other Development Details
The development will be accessed via a new public road stemming off of Janesville Road. Each of the 18
residential uses 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 area. 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, along with approval of a developers
agreement and the recording of the CSM and Condo Plat.
As part of the PD zoning request, as is common with many PD districts, a few zoning waivers may be
needed relating to open space and/or F.A.R. regulations. The overall development will need to meet all
stormwater water regulations to accommodate run-off/stormwater from this development.
A public hearing was heard before the Common Council for rezoning the property and to amend the 2020
Comprehensive Plan on November 26, 2019.
Certified Survey Map
Upon initial review of the CSM, the bulk requirements of the code appear to be met for Lot 1. Lot 2, which
is located on the east side of the proposed intersection of the new roadway and Janesville Road, does
not meet the bulk requirements for being buildable. Due to this, Lot 2 needs to be renamed Outlot 1.
The intention with Lot 2 is to combine the lot with the adjacent lot immediately toward the east to help with
parking and/or site access. A note must be placed on the CSM stating that this outlot is unbuildable on its
own, unless it is attached to the adjacent lot.
Technical review has been completed with minor corrections/additions needed prior to the CSM being
able to be signed by the City and recorded.
Condominium Plat
As is noted above, the Condo Plat is being proposed showing approximate layout of the overall condo
development and showing the general locations of each of the buildings. The Condo Plat has been
reviewed by staff and all technical corrections must be addressed before recording.
STAFF RECOMMENDATION PC 067-2019
Approval of Resolution PC 067-2019
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RESOLUTION PC 067-2019
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MUSKEGOthe City of
Area of InterestI0330660
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 067-2019
Home Path FinancialS76 W17501 Janesville Road
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RESOLUTION #P.C. 067-2019
APPROVAL OF A CERTIFIED SURVEY MAP AND CONDOMINIUM PLAT AND RECOMMENDATION TO
COUNCIL TO REZONE A PROPERTY FROM B-3 GENERAL BUSINESS DISTRICT TO PD PLANNED
DEVELOPMENT DISTRICT AND A 2020 COMPREHENSIVE PLAN AMENDEMENT FOR THE
COBBLESTONE MEADOWS DEVELOPMENT LOCATED IN THE SE ¼ OF SECTION 9
(TAX KEY NO. 2196.958.004 / S76 W17501 JANESVILLE ROAD)
WHEREAS, A Condominium Plat, Certified Survey Map and a petition for a Rezoning and 2020
Comprehensive Plan amendment were submitted for the Cobblestone Meadows development located in the
SE ¼ of Section 9 (S76 W17501 Janesville Road / Tax Key No. 2196.958.004), 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 PD district (PD-48) would be based on the underlying zoning of RM-2 – Multiple Family
Residence District (Lot 1) and B-3 – General Business District (Lot 2/Outlot 1), and
WHEREAS, The 2020 Comprehensive Plan identifies this area for Commercial uses and will need an
amendment to Medium Density Residential uses (for the two-family homes/duplexes) and Commercial uses
(for the commercial outlot), and
WHEREAS, The Planned Development zoning request is for nine (9) two-family side-by-side condo
buildings (18 total residential units) on 6.34 total acres, which breaks down to 2.84 units per acre, which
within the 2.99 units per acre allowed under the Medium Density Residential land use and allowed under
the RM-2 base zoning, 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, A Public Hearing for the rezoning and 2020 Plan amendment was heard before the Common
Council on November 26, 2019, and
WHEREAS, PD-48 received previous rezoning approvals under Ordinance #1396 on May 12, 2015 to
conditionally allow 16 total units within 8 duplex buildings on this property and this new request is to over-
ride that previous conditional approval, and
WHEREAS, The proposed CSM contains two (2) lots ranging in size from 9,252 SF (Lot 2/Outlot 1) to
228,992 SF (Lot 1) and the CSM will dedicate the new public road to service this development, and
WHEREAS, Lot 1 will become Cobblestone Meadows Condo development, and
WHEREAS, Lot 2 (to be changed to Outlot 1) is a remnant outlot that is unbuildable on its own, but there is
a tentative proposal to have this outlot possibly sold to or used for access to/for the adjacent commercial
land owner to the east, and
WHEREAS, The Condo Plat is showing the approximate layout of the condo development, and
WHEREAS, The Condo Plat and Certified Survey Map are in the review process and all technical
corrections must be addressed before recording, and
WHEREAS, The new development will be served by municipal sanitary sewer and municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission approves a Condo Plat and Certified Survey
Map for Cobblestone Meadows in the SE ¼ of Section 9 (S76 W17501 Janesville Road / Tax Key No.
2196.958.004) subject to resolution of technical discrepancies as identified by the Planning Division and
Engineering Division, and payment of all applicable fees in the Land Division Ordinance and outstanding
assessments if applicable.
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Page 2
BE IT FURTHER 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 Medium Density Residential uses (for the two-family homes/duplexes) and Commercial
uses (for the commercial outlot).
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map and Condo Plat can be signed and recorded.
BE IT FURTHER RESOLVED, 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 the recording of the Developers Agreement and CSM/Condo
Plat.
BE IT FURTHER RESOLVED, This resolution recommends to the Council that name of the PD district
should be amended as part of the Common Council ordinance from “Ingold” to “Cobblestone Meadows”.
BE IT FURTHER RESOLVED, This resolution recommends to the Council that based on previous
Ordinance #1396 (previously granted rezoning and Land Use amendment) and with adoption of the new
Common Council Ordinance, the land use for Tax Key No. 2196.958.003 and Tax Key No. 2196.958.002
(two single-family lots) will be changed from Commercial Uses to Medium Density Residential Uses.
BE IT FURTHER RESOLVED, That Plan Commission approval of the Building, Site and Operation Plan is
required for the details of the final site layout, architecture, landscaping, etc. before any building permits can
be issued.
BE IT FURTHER RESOLVED, That a digital file of the CSM and Condo Plat shall be submitted to the City.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file with the City 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, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: December 3, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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Zoning: RM-1
Site Area: 6.272 Ac
Proposed Units: 18
Gross Density: 2.87 Units/Ac
Setbacks: 40' Front
15' Rear
10' Side
SCALE IN FEET
040' 40'
SE 1/4, Section 9, T5N, R20E
City of Muskego, Waukesha County
Cobblestone Court
Date:
JOB #:
19435 W. Capitol Dr., Suite L05 | Brookfield, WI 53045
(262) 781-9005 | www.onesourceconsult.com
Sheet:1
568-19
06/26/19
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City of Muskego
Plan Commission Supplement PC 068-2019
For the meeting of: December 3, 2019
REQUEST: Two (2) Lot Land Division – Certified Survey Map
S77 W17530 St. Leonards Drive & S77 W17527 St. Leonards Drive / Tax Key No. 2196.036 & 2196.042
SE ¼ of Section 9
PETITIONER: Home Path Financial
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 068-2019
The petitioner is proposing to clear up a gap that was found in the Waukesha County mapping by
Certified Survey Map (CSM). On either side of St Leonards Drive (to the north and the south) there is a
piece of land approximately 25 feet wide at the southern end and 30 feet wide at the northern end and
360 feet long that was unaccounted for per Waukesha County mapping. The applicant researched past
documentation and found the land is owned by St. Leonards Church. St. Leonards Church has a
tentative agreement to sell this land the Home Path Financial. The purpose of this Certified Survey Map
is to adjoin the property to the neighboring lots, dedicate a portion as road right-of-way to the City for St.
Leonards Drive and provide a proper water main easement so the developer can extend water to the
proposed Cobblestone Meadows development.
PLAN CONSISTENCY PC 068-2019
Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses.
The proposal is consistent with the Plan.
Zoning: The property is zoned RS-3 – Suburban Residence District. This zoning
requires minimum lot sizes of 15,000 SF and an average lot width of
100’. All lots are also required to have at least 80 feet of frontage on a
dedicated right-of-way.
Parks and Conservation Plan:The 2017-2021 Plan does not depict any park or conservation areas on
this property.
Street System Plan: The proper right-of-way will be dedicated with this CSM. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
This area is served by sanitary sewer. The proposal is consistent with
the plan.
Water Capacity Assessment
District:
City water is available to the west. An easement is included to extend
the water main. The proposal is consistent with the plan.
Stormwater Management Not applicable.
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Plan:
DISCUSSION PC 068-2019
The CSM is clarifying an existing gap in the mapping. St. Leonards, who is the owner of the property, will
be transferring the property to Home Path Financial. Home Path Financial will be dedicating the right-of-
way to the City for St. Leonards Drive, establishing a water main easement to extend water to the
Cobblestone Development and then transferring the land to the existing property owners to the east of the
gap. A technical review has been completed with minor corrections/additions needed prior to 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/Planning Divisions. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 068-2019
Approval of Resolution PC 068-2019
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MUSKEGOthe City of
Area of InterestI070140
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 068-2019
Home Path FinancialS77 W17530 St. Leonards Drive and S77 W17527 St. Leonards Drive
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RESOLUTION #P.C. 068-2019
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR HOME PATH FINANCIAL
LOCATED SOUTH OF THE COBBLESTONE MEADOWS ADJACENT TO ST. LEONARD DRIVE
WEST OF S77 W17530 ST LEONARDS DRIVE AND S77 W17527 ST LEONARDS DRIVE
WHEREAS, A Certified Survey Map (CSM) was submitted by Home Path Financial to clear up a gap in
Waukesha County mapping adding land to two existing lots and dedicating right-of-way located west of S77
W17530 St. Leonards Drive and S77 W17527 St. Leonards Drive, and
WHEREAS, The land is being transferred to the lots immediately east of the gap, being S77 W17530 St.
Leonards Drive (Tax Key No. 2196.036) and S77 W17527 St. Leonards Drive (Tax Key No. 2196.042), and
WHEREAS, The proposed amended lots are approximately 0.433 acres (18,882 square feet) and 0.435
acres (18,959 square feet) in size, and
WHEREAS, The property is zoned RS-3 Suburban Residence District and requires minimum lot sizes of
15,000 SF with a minimum average width of 100 feet per lot, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is consistent with the plan, and
WHEREAS, The area for St. Leonards Drive right-of-way is being dedicated to the City of Muskego for road
purposes, and
WHEREAS, A water main easement needs to be provided on the west side of the northern lot (Lot 1) to
allow for a water main extension to the proposed Cobblestone Meadows development, and
WHEREAS, Both lots are currently served by private water wells, and
WHEREAS, Both lots are served by municipal sanitary sewer.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
Home Path Financial for a two (2) lot land division located along St. Leonards Drive including S77 W17530
St. Leonards Drive (Tax Key No. 2196.036) and S77 W17527 St. Leonards Drive (Tax Key No. 2196.042),
subject to technical corrections as identified by the City Engineers/Planners, and payment of all applicable
fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, 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, A digital file of this CSM shall be submitted to the City.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: December 3, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 070-2019
For the meeting of: December 3, 2019
REQUEST: Conditional Use Grant (CUG) for Bill & Jennifer Balcerzak
S64 W13896 Janesville Road / Tax Key No. 2162.994
NW ¼ of Section 1
PETITIONER: Bill & Jennifer Balcerzak
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski AICP
BACKGROUND PC 070-2019
The petitioner is requesting approval of a Conditional Use Grant for the allowed use of an existing
home on the same property as commercial uses. The house on the property has been used as a
residence going back to the 1950’s when the house was constructed. More recently, the house was
vacant for more than 12 months at which point the legal non-conforming use status was lost, which
then required that all uses on the property must conform to the current zoning ordinances.
CONSISTENCY WITH ADOPTED PLANS 070-2019
STAFF DISCUSSION PC 070-2019
Residential quarters are permitted by Conditional Grant when located in the same building as the
business in the B-2 District. As proposed, the commercial uses will be located in two buildings located
towards the back of the property. Although, the residential use will not be in the same building, the use
will be on the same property, which is the only way that the petitioner would be allowed to continue the
use of the residence on the property. The owners have obtained appropriate permits to remodel the
existing house for a residential use or a business use/residential use within the same building.
As stated above, the existing house was used as a residence until 2017 when it was sold and became
vacant. The Zoning Code allows a use to continue as a legal non-conforming use so long as such use
continues without disruption for twelve consecutive months. Since the residential use was
discontinued for more than twelve months, the legal non-conforming status was lost. Now the
Comprehensive Plan:
The 2020 Plan depicts the property as Commercial uses. This
proposal is consistent with the plan sine commercial uses are the
primary use on the property, subject to the granting of a CUG for the
residential use.
Zoning:
The property is zoned B-2 - Local Service Center District. Residential
quarters located in the same building as the business is allowed in this
district subject to Conditional Use Grant. This request includes a
slight variation allowing a residence on the same property as the
business uses.
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petitioner is requesting that the business uses on site be considered the primary use with the
residential use being a secondary use. This proposal for a Conditional Use Grant would not even be
needed if the house had been occupied over the past two years.
A commercial use has been identified as a future ebay business to be located within the two buildings
in the rear of the property. Within the B-2 Zoning District, the commercial use would be the primary
use with the residential use secondary. As such, the resolution is drafted stating that a Business
Registration and/or a Building, Site and Operation Plan application must be submitted and in the
process for either the buildings in the rear of the property or within the same building as the residence
prior to a residential use being approved in the existing home.
A couple other conditions of approval noted within the resolution are as follows:
BE IT FURTHER RESOLVED, That at least two (2) parking stalls for the residential use be separate
from the required business parking on site.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
STAFF RECOMMENDATION PC 070-2019
Approval of Resolution # PC 070-2019
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MUSKEGOthe City of
Area of InterestI0220440
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 070-2019
Bill & Jennifer BalcerzakS64 W13896 Janesville Road
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RESOLUTION P.C. 070-2019
APPROVAL OF A CONDITIONAL USE GRANT FOR BILL & JENNIFER BALCERZAK
LOCATED AT S64 W13896 JANESVILLE ROAD IN THE NW ¼ OF SECTION 1
(TAX KEY NO. 2162.994)
WHEREAS, A submittal was received from Bill & Jennifer Balcerzak for a Conditional Use Grant at S64
W13896 Janesville Road / Tax Key No. 2162.994, and
WHEREAS, The parcel contains an existing house along with two additional commercial buildings, and
WHEREAS, The petitioner, Bill & Jennifer Balcerzak, is now requesting to be allowed a residential use to
occur on the same property as the commercial use(s), and
WHEREAS, The two additional commercial buildings, on the same property as the residential house, will
continue to be used for commercial uses, and
WHEREAS, The property is currently zoned as B-2 - Local Service Center District, and
WHEREAS, Residential quarters are permitted by Conditional Grant when located in the same building as the
business in the B-2 District and this request includes a slight variation allowing a residence on the same
property as the business uses, and
WHEREAS, The residential use/home has existed on the property long before the business uses where
present (built in the 1950’s), and
WHEREAS, The proposed residential use is no longer a legal non-conforming use since the home was
vacant and not used as a residence for more than the past twelve months, and
WHEREAS, This grant would also allow the future possibility of a business to operate out the home,
along with the residential quarters, subject to City approvals.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Bill
& Jennifer Balcerzak for the allowance of a residential use on the same property as a business and the
possibility of business operations within the residence itself, subject to the contingencies listed below.
BE IT FURTHER RESOLVED, That a Business, Site and Operations Plan and/or Business Registration is
required for the commercial use prior to a residential use being approved in the existing home.
BE IT FURTHER RESOLVED, That at least two (2) parking stalls for the residential use be separate from
the required business parking on site.
BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked
vehicles, trailers, etc. is allowed on site at any time.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will
need approvals from the Planning Division before any lighting changes can be made and all City required
lighting specs must be met, include all fixtures being full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, That any signage (temporary or permanent) must first receive City
approvals/permits.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan
shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, 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.
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Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: December 3, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 071-2019
For the meeting of: December 3, 2019
REQUEST: Building, Site and Operation Plan (BSO) Amendment
Tax Key No. 2166.997.003 / S64 W15680 Commerce Center Parkway
NW ¼ of Section 2
PETITIONER: Eagle Park Brewing Company
INTRODUCED: December 3, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 071-2019
The Eagle Park Brewing Company previously obtained a Building, Site and Operation Plan (BSO)
approval via Resolution PC 029-2019 on May 7, 2019. At that time approval was granted for two outdoor
grain silos to be located being the building by the loading docks. One silo was for fresh grains to be used
for brewing while the second would be used as a confined space to house the spent grains. Eagle Park
Brewing Company is seeking to amend the original BSO to modify the approval to replace the two grain
silos, at this time, with a single covered trailer for the spent grains.
CONSISTENCY WITH ADOPTED PLANS 071-2019
Comprehensive Plan: The 2020 Plan depicts the property as Business Park uses. This proposal is
consistent with the plan.
Zoning:
The property is zoned BP-3 – Business Park District and the use falls under
the light manufacturing so the proposed amendment is consistent with the
code.
STAFF DISCUSSION PC 071-2019
As is noted above, two outdoor grain silos were previously approved in the rear of the building, painted to
match the building and to be no taller than the height of the building. The petitioner does not have a need
at this time for the two silos. The new grain will be kept indoors and the spend grain silo will be replaced
with a single covered trailer.
The original need for the spent grain silo was due to the need to house the spent grain for a few weeks at
a time until someone could pick it up. As it would sit for a longer period of time and as the quantity got
larger, there was a possible concern relating to possible smells that the grain could produce. Now the
petitioner has found a local farmer to partner with to pick up the spent grains regularly for use on their
farm, thereby eliminating the need to store the spent grains for any length of time. Because of the regular
pickup of spent grains, the petitioner states that the lactic fermentation that may cause the “farm” smell
will be eliminated.
The petitioner also noted that at their current facility in Milwaukee their spent grains are located within ten
feet of residential homes and are picked up weekly. At that facility they have not received any complaints
from the residents of any odors. It should be noted that the closest residential uses to the new Muskego
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facility is more than 350 feet from the loading docks where the spent grains will be stored in a covered
trailer.
If any odors, or operations relating to the utilization of a covered trailer for the spend grains becomes a
nuisance to neighboring uses, staff recommends the applicant immediately come back to the Plan
Commission for another BSO amendment to either move forward with the silos or another avenue to
remove the spent grains from the site without causing any negative impacts on the surrounding uses.
The resolution is drafted as such.
All other requirements of the original Resolution PC 029-2019 remain applicable.
Overall, staff feels this change to the BSO approval will not become a nuisance and work with the
surrounding neighborhood.
STAFF RECOMMENDATION PC 071-2019
Approval of Resolution PC 071-2019
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MUSKEGOthe City of
Area of InterestI0280560
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 071-2019
Eagle Park Brewing CompanyS64 W15620 Commerce Center Parkway
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RESOLUTION #P.C. 071-2019
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
EAGLE PARK BREWING COMPANY LOCATED IN THE NW ¼ OF SECTION 2
(TAX KEY NO. 2166.997.003 / S64 W15680 COMMERCE CENTER PARKWAY)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
from Eagle Park Brewing Company located at S64 W15680 Commerce Center Parkway / Tax
Key No. 2166.997.003, and
WHEREAS, The petitioner obtained an original BSO approval via Resolution PC 029-2019 on
May 7, 2019 for use as a brewery/distillery, tap room and restaurant, and
WHEREAS, Two (2) enclosed grain silos were part of Resolution PC 029-2019 for exterior
storage of fresh and spent grains behind the building in the truck dock area, and
WHEREAS, The two enclosed grain silos are not needed at this time, but the spend grain silo will
be replaced with one (1) single covered trailer to store the spent grains, and
WHEREAS, The spend grains trailer will be taken away to a local farmer every few days, emptied
at the farm and returned to the brewery to be reused again.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan for Eagle Park Brewing Company at S64 W15680 Commerce Center
Parkway / Tax Key No. 2166.997.003.
BE IT FURTHER RESOLVED, Only one (1) covered trailer shall be allowed and shall be located
at the rear of the building and must be closed or sealed at all times when not being actively filled,
cleaned or moved from the site.
BE IT FURTHER RESOLVED, If any complaints are received regarding the odors or
unsightliness of using the covered trailer, the petitioner must immediately come back to the Plan
Commission for another BSO amendment to either move forward with the silos or another avenue
to remove the spent grains from the site without causing any negative impacts on the surrounding
neighbors/uses.
BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: December 3, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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