PLAN COMMISSION Packet - 6/2/2020
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
06/02/2020
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will be held electronically at
6:00 PM on Tuesday, June 2, 2020, via an online Zoom meeting. This meeting will not be held at
Muskego City Hall. This is in efforts to protect the health of the public, City leaders and staff due to the
fact that the City of Muskego has declared a state of emergency as a result of the COVID-19 virus
pandemic. The Plan Commission meeting will however be available to the public for live streaming via
the City of Muskego channel at www.youtube.com . Any comments which the public wishes to make
regarding an item on the Public Hearing or Plan Commission agenda may be communicated to the city
via email at citizencomments@cityofmuskego.org or via phone at 414-376-8022. Any email and phone
comments for this must be received by 5:30 PM on the date of the meeting. All received comments will
be read to the Plan Commission as part of the agenda item. Interested parties may also observe in the
meeting directly by downloading the ZOOM app located at http://zoom.us and utilize this unique ID to join:
825 5495 5302.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the Minutes of the May 5, 2020 meeting.
CONSENT BUSINESS
RESOLUTION PC 032-2020 Approval of a Two-Lot Certified Survey Map for Eric Rusdahl
located at S94 W14358-60 Ryan Drive / Tax Key No. 2252.943.
RESOLUTION PC 033-2020 Approval of the sale of Fireworks for TNT Fireworks at the
Walmart Property located at W159 S6530 Moorland Road / Tax Key No. 2169.999.003.
RESOLUTION PC 035-2020 Approval of the sale of Fireworks for Freedom Fireworks, LLC.
at the Pick-n-Save property located at S74 W17005 Janesville Road / Tax Key No.
2199.999.065.
RESOLUTION PC 038-2020 Approval of a Final Plat for the Muskego Lakes Estates
Subdivision from Burback Builders located along Ryan Drive / Tax Key No. 2261.999.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 034-2020 Approval of a Building, Site and Operation Plan Amendment
for Vintage Grounds located at S74 W16825 Janesville Road / Tax Key No. 2199.999.063.
RESOLUTION PC 036-2020 Approval of a Building, Site and Operation Plan Amendment
for Jewell Homes LLC. located at W173 S7600 Westood Drive / Tax Key No. 2196.031.
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Plan Commission Agenda 2
6/2/2020 6:00:00 PM
RESOLUTION PC 037-2020 Approval of a Building, Site and Operation Plan Amendment
for Alliance Construction & Design, Inc. located at S73 W16555 Janesville Road / Tax Key
No. 2198.978.
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
05/05/2020
6:00 PM
Electronic Meeting, W182 S8200 Racine Avenue
PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will be held electronically at
6:00 PM on Tuesday, May 5, 2020, via an online Zoom meeting. This meeting will not be held at
Muskego City Hall. This is in efforts to protect the health of the public, City leaders and staff due to the
fact that the City of Muskego has declared a state of emergency as a result of the COVID-19 virus
pandemic. The Public Hearing and Plan Commission meeting will however be available to the public for
live streaming via the City of Muskego channel at www.youtube.com . Any comments which the public
wishes to make regarding an item on the Public Hearing or Plan Commission agenda may be
communicated to the city via email at citizencomments@cityofmuskego.org or via phone at 414-376-
8022. Any email and phone comments for this must be received by 5:30 PM on the date of the meeting.
All received comments will be read to the Plan Commission as part of the Public Hearing or agenda item.
Interested parties may also observe in the meeting directly by downloading the ZOOM app located at
http://zoom.us and utilize this unique ID to join: 886-229-663.
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Kubacki Commissioners Oliver, Bartlett, Graf, Jacques,
Buckmaster, Planner Trzebiatowski.
Absent: None.
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 March 3, 2020 meeting.
Approval of the minutes of the April 2, 2020 meeting.
Commissioner Jacques made a motion to approve the minutes engross. Alderman Kubacki
seconded. Motion to approve passed unanimously.
PUBLIC HEARING
Public Hearing for a renewal of Conditional Use Grant in accordance with Section 14 of the
City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining
and processing of sand and gravel and the extension of use of an asphalt plant at the NW
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Approval of the Minutes of the May 5, 2020 meeting.
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Plan Commission Minutes 2
5/5/2020 6:00:00 PM
corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section 13 (Tax
Key 2230.996 / W217 S8425 Crowbar Road).
Planner Trzebiatowski provided an overview of the mining and processing operations and
the Conditional Use Grant for Payne & Dolan. There were no comments received regarding
the Payne & Dolan operations. Mayor Petfalski closed the Public Hearing.
CONSENT BUSINESS
RESOLUTION PC 018-2020 Renewal of a Conditional Use Grant for the purpose of
continued mining and processing of sand and gravel, and the extension of use of an asphalt
plant for Payne and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996.
RESOLUTION PC 026-2020 Approval of a Second Garden Shed Structure for Lynn Ziarek
located at W145 S6625 Tess Corners Drive / Tax Key No. 2165.988.
RESOLUTION PC 027-2020 Approval of a Mother-In-Law Unit for the Locicero property
located at W205 S6617 Tans Drive / Tax Key No. 2181.992.001.
RESOLUTION PC 028-2020 Approval of a Metal Accessory Structure for Todd Turowski
located at W185 S9530 Parker Drive / Tax Key No. 2270.995.013.
RESOLUTION PC 029-2020 Approval of a second Accessory Structure for Anthony Vela &
Susan Ramano located at W179 S6920 Muskego Drive / Tax Key No. 2176.033.
Commissioner Jacques made a motion to approve the consent business engross.
Commissioner Buckmaster seconded. Motion to approve passed unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 021-2020 Approval of a Building, Site and Operation Plan, Certified
Survey Map and Condominium Plat for Home Path Financial located at S76 W17501
Janesville Road / Tax Key No. 2196.958.004.
Planner Trzebiatowski provided an overview of the proposed condominium development.
This project was in front of the Plan Commission and Common Council a few months ago for
a rezoning petition that was denied. There was a previous rezoning approval for this
property, which the developer is utilizing for this development. Overall it will be eight
buildings with 16 residential units. The residential units will be ranch-style condominiums
with no basement. There will be a public road with all eight buildings along the new road
with access to Janesville Road. Each of the buildings will have one of two proposed
building styles. All setbacks and offsets will be met. The engineering department has been
reviewing the storm water management plans and stormwater will leave the site cleaner and
slower rate so drainage will be better after the development is complete. A landscaping plan
submitted includes street trees as required along with landscaping around the building
foundations and throughout the site. Retaining walls are also included in the southeast
portion of the site and this site will be lower than the neighbors. A commercial lot will be
separated from this site to hopefully adjoin with the adjacent commercial lots for access to
Janesville Road. The building design guides require 50 percent masonry on all four sides of
the buildings and there are sides that do not meet the 50 percent rule. However the
developer has stated that they will increase the elevations to at least 50%. The building
design shows a mixture of siding, stone and shake siding along with the color palettes being
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Approval of the Minutes of the May 5, 2020 meeting.
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foot band down to the ground thus increasing the masonry on the backsides of those
buildings. This development will fit well with the surrounding area. A condominium plat is
also included and is being reviewed by the engineering department.
Sam Jagodzinski, developer, added that they are at 53% more open space than the
minimum and believe it will be an attractive development.
Alderman Kubacki asked how many bedrooms and the size of the units. Another person
from the development team, Ed Woodward, said the buildings will be two bedroom with a
possibility of a third or fourth bedroom in the basements of the units with exposures. The
units will be approximately 1,600 to 1,800 square feet in size. Ed Woodward also clarified
that they will have basements.
Alderman Kubacki asked when they intend to start construction. The developer said they
would like be started by the end of summer. Planner Trzebiatowski explained that since
they were initially moving forward with 18 units, their engineering and reviews have begun
already so they are ahead of normal projects at this stage.
Commissioner Bartlett asked if they have completed soil borings at this point in
consideration of past comments regarding all of the water on-site. Planner Trzebiatowski
said soil borings have been completed and lowest floor will need to be two feet above the
groundwater elevation similar to every other new development. Commissioner Bartlett said
the development is right in line where the previous developments were going and he could
support this proposal with 16 units.
Commissioner Buckmaster was also in support echoing Commissioner Bartlett’s statements
and could support this project.
Ed Woodland mentioned that they are pretty far along with engineering plans and they
believe they have addressed drainage concerns with adjacent lands and will have two
retention ponds also.
Mayor Petfalski mentioned that this property is lower than the neighboring properties so
rainwater will naturally stay on site and may assist with issues neighbor have.
Planner Trzebiatowski added that this development will be on sewer and water with utilities
extended thereby adding to the City system goals of avoiding dead ends and will loop the
water system that was previously a dead end.
Commissioner Jacques made a motion to approve Resolution PC 021-2020. Alderman
Kubacki seconded. Motion to approve passed unanimously.
RESOLUTION PC 022-2020 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.
Planner Trzebiatowski explained that this CSM is to facilitate the water main extension as
previously discussed and essentially a clean-up of an existing gap in the mapping. The
additional land will be given to the adjacent landowners. Proper easements will be provided
on the property for the extension of sewer and water mains.
Alderman Kubacki made a motion to approve Resolution PC 022-2020. Commissioner
Jacques seconded. Motion to approve passed unanimously.
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Approval of the Minutes of the May 5, 2020 meeting.
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5/5/2020 6:00:00 PM
PC 030-2020 Conceptual Review for Whorley Storage located on a vacant property along
Racine Avenue / Tax Key No. 2180.994.004.
Planner Trzebiatowski presented a brief description of the conceptual development. The
site is between Starz Dance Studio and Fox Point Church. The site was originally planned
closer to the road for a possible office building. This proposal is for the back portion that
was previously a landfill so the DNR will be involved with any development. The
development would be for indoor and outdoor storage within the east portion of the lot
surrounded by a vinyl fence. Access to the site is through a paved drive located within an
access easement from Racine Avenue through to Tans Drive to the storage area which they
are hoping can remain gravel. The first building that would be constructed would include an
office for the business operations in addition to indoor storage. Five additional buildings
would be built as needed. Staff has identified several ideas that the Plan Commission may
wish to include in their discussion of the conceptual review. The architecture here may be
important being within the Design Guide area and the storage area will be elevated so the
storage use may be highly visible in the Racine Avenue corridor. The outdoor storage is
anticipated to be between the buildings of indoor storage. Since this is geared for RV’s,
boats and trailers, they need room to maneuver. Stormwater would be handled by the
retention pond on the neighboring property. This site can use that stormwater facility via
agreements, and would require engineering review. Other issues the Plan Commission may
wish to discuss would be how the use fits the neighborhood, lighting, and building design
including architecture and materials.
Mark Whorley said that after speaking with Adam, he is looking to re-arrange the buildings
to minimize the visibility of the buildings. Specifically move the three forty foot buildings to
the east side of the site to allow for the greater separation of the buildings from the fence so
the only thing visible would be the roofs.
Planner Trzebiatowski mentioned that the Plan Commission should discuss that typically
paving is required for dust control and site markings. With the zoning, a Conditional Use
Grant would be needed.
Mark Whorley said that he would like a gravel area for traction purposes. If paved salt will
need to be applied that will end up in the stormwater retention area and if gravel was used
there wouldn’t be a need for as much salt to be applied during the winter. Additionally,
because the area was a landfill and with the DNR review needed he would hope the DNR
would be amenable to gravel rather than capping the landfill site.
Tim Lynch, working with the developer, also mentioned that to put a hard surface above a
landfill there is a real challenge with 40 - 50 feet of material below they would need geogrid
and a thick layer of gravel to ensure nothing shifts and won’t crack and fail. Gravel can be
repaired more easily as the subsurface changes.
Alderman Kubacki said that the Waterford facility is well maintained and said that there is an
application that can reduce the dust from a gravel parking area. Mr. Whorley said that he
can look into that, but believes these applications are salt-based, which would end up in the
retention pond.
Commissioner Graf asked what kind of traffic would be involved with larger vehicles. Mr.
Whorley said he would guess 10 – 12 visitors per day and this decreases significantly in
winter.
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Mayor Petfalski asked about the traffic counts of RV’s and boats at the same time where
there would be concerns with traction. Mr. Whorley said he has customers with RV’s taking
them south during the winter and traction with these trailers is difficult on asphalt.
Additionally, the approach to the site is elevated, which will be asphalt and salted.
Commissioner Buckmaster doesn’t have an issue with the use, but along Hillendale is as
RS-2 residential district and foresees these residents at a CUG hearing and lighting may be
an issue. Mr. Whorley said all lights will be facing internally with the exception of the man-
door lights that are required. Commissioner Buckmaster is more concerned with the lighting
impacts toward Hillendale.
Commissioner Buckmaster asked if there are any plans for buffering the use from Hillendale
with a berm or other buffering. Mr. Whorley said at their other location they planted the
entire perimeter of the site with cedar trees along with the 6’ fence there shouldn’t ever see
any cars moving on site or lighting.
Commissioner Buckmaster asked about the hours of operation. Mr. Whorley said there are
no hours of operation, but a keyed entrance for customers to come and go anytime.
Commissioner Buckmaster reiterated that if there is customers backing up trailers at
midnight, he cannot support the project. The City has timeframes for all businesses and this
should also be considered similarly. Mr. Whorley said that he can put in any time
constraints for any vehicles that make backup noise.
Planner Trzebiatowski mentioned that the City has lighting standards already and this site
must conform to the same standards. Planner Trzebiatowski also asked the Plan
Commission of the architectural design.
Alderman Kubacki mentioned that plantings around the fence to break up the fence. Mr.
Whorley said there are trees growing around the perimeter that will not be disturbed but can
add more plantings.
Mayor Petfalski mentioned that they need to follow the design guides due to the visibility.
Commissioner Bartlett said that there are storage buildings across the street and is probably
a better location due to the height. He would like to see illustrations showing the visibility of
the buildings and how the screening will work. Mr. Whorley will have an architect draft full
site design from Racine Avenue and Tans. Alderman Kubacki said these illustrations should
also include Hillendale. Commissioner Buckmaster agreed especially with the road project.
Commissioner Oliver mentioned that there are 12 different color options, so another color
may be a way to move forward if there are any issues.
Mayor Petfalski asked about Commissioner’s comments regarding the gravel verses
asphalt. Commissioner Buckmaster said he has used facilities with both and doesn’t seem
to matter. Commissioner Bartlett said that in this instance, built over a landfill and they
would need geotech fabric to keep it from failing due to the landfill and asphalt will depress.
Long term maintenance of pavement over a landfill isn’t great. He is really supportive of
pavement, but in this case gravel may be a better option. Commissioner Graf agreed.
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Approval of the Minutes of the May 5, 2020 meeting.
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RESOLUTION PC 031-2020 Approval of a Building, Site and Operation Plan Amendment
for Interstate Partners located at S64 W15591 Commerce Center Parkway / Tax Key No.
2116.997.008.
Planner Trzebiatowski explained this proposal is a follow-up for the spec building number
two approval. A question in the past was the large berm toward the east. The Plan
Commission was OK with the buildings being slightly visible and staff had concerns with the
amount of plantings on the berm. The developer’s original plan showed gaps in the
landscaping. The applicants submitted a second landscaping plan and staff thought the
gaps remained. The applicants have now submitted a third plan that shows an additional
thirteen 8-foot tall trees to fill the gaps. Additionally, a transformer was relocated and staff
just wanted everyone to be aware that they mechanical unit will be need to be fully
screened.
Alderman Kubacki asked if they are conifer trees. Planner Trzebiatowski added that they
are conifers and will be planted at eight feet in height.
Commissioner Jacques made a motion to approve Resolution PC 031-2020. Alderman
Kubacki seconded. Motion to approve passed unanimously, Commissioner Graf excused
himself from the meeting.
MISCELLANEOUS BUSINESS
Nothing at this time
ADJOURNMENT
Alderman Kubacki made a motion to adjourn. Commissioner Jacques seconded. Motion to
approve passed unanimously.
Respectfully Submitted,
Aaron Fahl
Associate Planner
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Approval of the Minutes of the May 5, 2020 meeting.
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City of Muskego
Plan Commission Supplement PC 032-2020
For the meeting of: June 2, 2020
REQUEST: Two (2) Lot Land Division – Certified Survey Map
S94 W14358-60 Ryan Drive / Tax Key No. 2252.943
SE ¼ of Section 23
PETITIONER: Eric Rusdahl
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 032-2020
The petitioner is proposing to divide one lot into two lots by Certified Survey Map (CSM). The proposed
lots are approximately 1.25 acres and 0.86 acres in size. The property is located along Ryan Drive
between Groveway Lane and Boxhorn Drive.
PLAN CONSISTENCY PC 032-2020
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’ since the lots are served by municipal sanitary sewer. 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 area on this property.
Street System Plan: Right-of-way is being dedicated along Groveway Lane and Ryan Drive
as part of this CSM. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The current home is serviced via the public sanitary sewer system and
the new lot would also be connected to the public sanitary sewer system.
The proposal is consistent with the plan.
Water Capacity Assessment
District:
The existing home is on a private water well and the new lot will have the
option to have a private well or to connect to the adjacent (to the east)
water main with a lateral to serve this home. The proposal is consistent
with the plan.
Stormwater Management
Plan:
The Engineering Department will need to determine if a grading plan is
required as part of the land division or upon construction of the new
home.
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RESOLUTION PC 032-2020
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DISCUSSION PC 032-2020
Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is
in the process of being completed. All corrections/additions will be 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 032-2020
Approval of Resolution PC 032-2020
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RESOLUTION PC 032-2020
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RESOLUTION #P.C. 032-2020
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR ERIC RUSDAHL
LOCATED AT S94 W14358-60 RYAN DRIVE / TAX KEY NO. 2252.943
WHEREAS, A Certified Survey Map (CSM) was submitted by Eric Rusdahl on behalf of Mark Slocomb for a
two (2) lot land division located at S94 W14358-60 Ryan Drive / Tax Key No. 2252.943, and
WHEREAS, The proposed lots are approximately 1.25 acres and 0.86 acres in size, and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
40,000 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
proposed CSM is consistent with the plan, and
WHEREAS, The existing home is on a private well and the new lot will have the ability to either be on a
private well or connect to the new water main that is just east of this site, and
WHEREAS, Both lots will be served by the public sanitary sewer, and
WHEREAS, Both lots have direct access to Ryan Drive.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Eric Rusdahl on behalf of Mark Slocomb for a two (2) lot land division located at S94 W14358-60 Ryan
Drive / Tax Key No. 2252.943, 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: June 2, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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RESOLUTION PC 032-2020
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RESOLUTION PC 032-2020
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MUSKEGOthe City of
Area of InterestI0200400
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 032-2020
Eric Rusdahl on behalf of Mark SlocombW94 W14358-60 Ryan Drive
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RESOLUTION PC 032-2020
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City of Muskego
Plan Commission Supplement PC 033-2020
For the meeting of: June 2, 2020
REQUEST: Approval of Temporary Fireworks Sales at Wal-Mart
W159 S6530 Moorland Road / Tax Key No. 2169.999.003
NE ¼ of Section 3
PETITIONER: Matt Sokol, TNT Fireworks
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 033-2020
Petitioner proposes to operate a temporary fireworks sales stand at the Wal-Mart parking lot. A 20’ x 40’ tent is
proposed. Signage has been noted on the proposal as temporary banners that will be hung from each side of the tent
and small directional signs at the entrances of the parking lot. Operations are proposed from June 20th – July 10th,
2020, from 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site and the
restroom facilities.
DISCUSSION PC 033-2020
The proposal is consistent with operations of other vendors in Muskego.
A transient merchant license must be obtained from the City Clerk’s Office.
As allowed with other firework sales locations, a storage container may be on site. There have been no problems
with the storage container in the past.
All tents and storage must be located within parking stalls and no drive aisles can be blocked anywhere on site.
The small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the actual
Wal-Mart property.
STAFF RECOMMENDATION PC 033-2020
Approval of Resolution #PC 033-2020
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RESOLUTION PC 033-2020
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RESOLUTION #P.C. 033-2020
APPROVAL FOR SALE OF FIREWORKS FOR TNT FIREWORKS AT THE WAL-MART PROPERTY
LOCATED IN THE NE ¼ OF SECTION 3
(W159 S6530 MOORLAND RD / TAX KEY NO. 2169.999.003)
WHEREAS, A request has been submitted by Matt Sokol for TNT Fireworks to locate a temporary sales tent
and signs advertising the sale of fireworks at the Wal-Mart property located at W159 S6530 Moorland Road,
and
WHEREAS, Fireworks sales were previously operated at this location and temporary sales vendors are
limited to one on site at any one time with Plan Commission approval, and
WHEREAS, The tent canopy will be 20’ x 40’ in size, and
WHEREAS, Signage has been noted on the proposal as temporary banners that will be hung from each side
of the tent and small directional signs at the entrances of the parking lot, and
WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations has
been provided, and
WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division for
any electricity hookups, and
WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at
the Wal-Mart parking lot for fireworks sales for Matt Sokol, TNT Fireworks, subject to the following conditions:
1. Dates of operation approved from June 20th, 2020 to July 10th, 2020, and
2. Hours of operation permitted only from 9 am to 9 pm, and
3. A letter of approval from the property owner has been submitted to the Planning Division approving
rental space for TNT Fireworks and allowing for the use of the Wal-Mart’s restrooms, and
4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior
to any site work on the property, if applicable, and
5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office.
BE IT FURTHER RESOLVED, That the small directional signs cannot be within any right-of-ways or vision
corners and they can only be placed on the actual Wal-Mart property.
BE IT FURTHER RESOLVED, All tents and storage must be located with parking stalls and no drive aisles
can be blocked anywhere on site.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: June 2, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 033-2020
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MUSKEGOthe City of
Area of InterestI0330660
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 033-2020
TNT FireworksW159 S6530 Moorland Road
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Prepared by City of Muskego Planning Department Date: 5/28/2020
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RESOLUTION PC 033-2020
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City of Muskego
Plan Commission Supplement PC 035-2020
For the meeting of: June 2, 2020
REQUEST: Approval of the Temporary Sale of Fireworks at the Pick n Save property
S74 W17005 Janesville Road / Tax Key No. 2199.999.065
SW ¼ of Section 10
PETITIONER: Dustin Hein, Freedom Fireworks, LLC.
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 035-2020
Petitioner proposes to operate a temporary fireworks sales stand in the east side of the Pick n Save parking lot. A
20’ x 40’ tent will be erected for product display and retail sales along with a 20’ x 8’ metal storage container
immediately adjacent to the tent for all storage. Parking will not be allowed within 20 feet of the sales tent or
storage container and a pedestrian barrier will be in place along the west side of the tent to direct customers.
Signage has been indicated as one 3’ x 20’ temporary banners that will be hung from the west side of the tent and
one 8’ x 8’ temporary banner on the north end of the storage container. Operations are proposed from June 19h,
2020 to July 5th, 2020 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site
and the restroom facilities.
DISCUSSION PC 035-2020
The proposal is consistent with operations of other vendors in Muskego.
A transient merchant license must be obtained from the City Clerk’s Office.
As allowed with other firework sales locations, a storage container may be on site. There have been no problems
with the storage container last year when the applicant operated in the Piggly Wiggly parking lot.
All tents and storage must be located within parking stalls and no drive aisles can be blocked anywhere on site.
STAFF RECOMMENDATION PC 035-2020
Approval of Resolution #PC 035-2020
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RESOLUTION #P.C. 035-2020
APPROVAL FOR SALE OF FIREWORKS FOR FREEDOM FIREWORKS LLC AT THE PICK N SAVE
PROPERTY LOCATED IN THE SW ¼ OF SECTION 10
(S74 W17005 JANESVILLE ROAD / TAX KEY NO. 2199.999.065)
WHEREAS, A request has been submitted by Dustin Hein of Freedom Fireworks LLC to locate a
temporary sales tent, storage container and signs advertising the sale of fireworks at the Pick n Save
property located at S74 W17005 Janesville Road / Tax Key No. 2199.999.065, and
WHEREAS, The petitioner previously sold fireworks in the Piggly Wiggly parking lot, and
WHEREAS, Temporary sales vendors have typically been limited to one on site at any one time, and
WHEREAS, The tent will be container will be 20’ x 40’ in size, and
WHEREAS, Signage has been indicated as one 3’ x 20’ temporary banner that will be hung from the
west side of the tent and an 8’ x 8’ temporary banner on the north end of the storage container. and
WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations
has been provided, and
WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division
for any electricity hookups, and
WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary
stand in the Pick n Save parking lot for fireworks sales for Freedom Fireworks LLC subject to the
following conditions:
1. Dates of operation approved from June 19th, 2020 to July 5th, 2020, and
2. Hours of operation permitted only from 9 am to 9 pm, and
3. A letter of approval from the property owner has been submitted to the Planning Division
approving rental space for Freedom Fireworks LLC, and
4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division
prior to any site work on the property, if applicable, and
5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office.
BE IT FURTHER RESOLVED, All tents and storage must be located within parking stalls and no drive
aisles can be blocked anywhere on site.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: June 2, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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MUSKEGOthe City of
Area of InterestI0300600
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 035-2020
Freedom FireworksS74 W17005 Janesville Road
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City of Muskego
Plan Commission Supplement PC 038-2020
For the meeting of: June 2, 2020
REQUEST: Approval of a Final Plat – Muskego Lakes Estates
Ryan Drive (east of Boxhorn Drive) / Tax Key No. 2261.999
NE ¼ of Section 26
PETITIONER: Burback Builders
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 038-2020
The petitioner has submitted the Final Plat for the Muskego Lakes Estates subdivision. The rezoning for this
subdivision was granted by the Common Council under Ordinance #1415 on May 15, 2018 for RS-2 Suburban
Residence District subject to the final plat approval. The preliminary plat was approved by the Plan Commission on
October 2, 2018 under Resolution PC 048-2018 and the Common Council on October 9, 2018 under Resolution
#085-2018.
PLAN CONSISTENCY PC 038-2020
Comprehensive Plan:
The 2020 Plan depicts the properties for medium density residential
development (densities of 1 – 2.99 units per acre). The proposal is consistent
with the plan.
Zoning:
The property was rezoned to a RS-2 Suburban Residence District. The
proposed lots range in size between 20,005 SF and 59,046 SF. The proposal is
consistent with the plan.
Park and Conservation Plan:
The 2017-2021 Plan does not depict any park or conservation areas on this
property. The plan also noted possible future trail routes long the north and
west boundary of this property. As part of the technical review, which is
pending, a trial easement will be needed on the plat for a future trail location.
Street System Plan: All right-of-ways are shown to be dedicated to their ultimate widths. The plat is
consistent with the Plan.
Stormwater Management
Plan:
Stormwater is shown to be accommodated within the outlot in the development
with drainage easements located throughout the development to convey
stormwater.
Adopted 208 Sanitary Sewer
Service Area:
The lots will be serviced by municipal sanitary sewer that will be extended to this
development solely at the developer’s expense. The plat is consistent with the
Plan.
Water Capacity Assessment
District:The lots will be serviced by public water. The plat is consistent with the Plan.
STAFF DISCUSSION PC 065-2019 Page 1 of 6
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As mentioned above, the Preliminary Plat for this development was approved for 27 single-family lots and one
outlot. As the plans for this development progressed, one of the single-family lots was eliminated thereby reducing
the total number of lots from 28 to 27 single-family lots.
The 27 single-family lots were created on 24.49 acres for a density of 1.1 units/acre which is well within the
“Medium Density Residential” development density in the City’s Comprehensive Plan of 1 – 2.99 units per acre.
There are technical corrections/updates that exist and the Resolution is drafted to allow approval subject to these
technical corrections being addressed before the final plat can be recorded. Resolution states the following:
BE IT FURTHER RESOLVED, All subdivision improvements must be finalized and accepted by the City before Final
Plat recording can be allowed.
BE IT FURTHER RESOLVED, All technical corrections identified by City staff, Waukesha County and the State of
Wisconsin must be addressed before Final Plat recording can be allowed.
STAFF RECOMMENDATION PC 065-2019
Approval of Resolution #PC 065-2019
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RESOLUTION #P.C. 038-2020
APPROVAL OF A FINAL PLAT FOR MUSKEGO LAKES ESTATES
LOCATED IN THE NE ¼ of SECTION 26
(TAX KEY NO. 2261.999 / RYAN DRIVE)
WHEREAS, A Final Plat was submitted by Burback Builders for the Muskego Lakes Estates
Subdivision located in the NE ¼ of Section 26, and
WHEREAS, The rezoning for this development was granted by the Common Council under Ordinance
#1415 on May 15, 2018 for RS-2 Suburban Residence District zoning, and
WHEREAS, The preliminary plat was approved by the Plan Commission on October 2, 2018 under
Resolution PC 048-2018 and the Common Council on October 9, 2018 under Resolution #085-2018,
and
WHEREAS, This Final Plat includes 27 lots and one outlot, and
WHEREAS, The RS-2 Zoning District allows lot sizes as low as 20,000 SF in area and minimum
average widths of at least 100 feet, and
WHEREAS, The 2020 Comprehensive Plan has the area as Medium Density Residential and the
proposed overall density meets this requirement under the RS-2 Suburban Residence District zoning
previously approved, and
WHEREAS, The development will be serviced by City sewer and City water.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common
Council of a Final Plat for the Muskego Lakes Estates, located in the NE ¼ of Section 26, subject to
resolution of technical discrepancies as identified by the City Planning Department and City Engineers,
and payment of all applicable fees of the Land Division Ordinance and outstanding assessments if
applicable.
BE IT FURTHER RESOLVED, That all wetlands on private lots or close to borders of private lots or
roadways need to be lined with split rail fences.
BE IT FURTHER RESOLVED, Per the Park and Open Space Plan, a trail/path easement need to
be provided through this property for a possible future trail, which is further described in the
technical plat review comments.
BE IT FURTHER RESOLVED, All subdivision improvements must be finalized and accepted by the
City before Final Plat recording can be allowed.
BE IT FURTHER RESOLVED, All technical corrections identified by City staff, Waukesha County
and the State of Wisconsin must be addressed before Final Plat recording can be allowed.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: June 2, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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MUSKEGOthe City of
Area of InterestI0410820
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 038-2020
Burback BuildersRyan Drive
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MUSKEGO LAKES ESTATES
MAP PREPARED BY:
Peter J. Nielson, PLS
Lynch & Associates Engineering
Consultants, LLC
BASEMENT RESTRICTION
Although all lots in the Subdivision have been reviewed and approved for development with
single-family residential use in accordance with Section 236 Wisconsin Statutes, some lots may contain
soil conditions which, due to the possible presence of groundwater near the surface, may require soil
engineering and foundation design with regard to basement construction. It is recommended that either
a licensed professional engineer or other soils expert design a basement and foundation which will be
suitable to withstand the various problems associated with saturated soil conditions on basement walls
or floors or that special measures be taken. Soil conditions should be subject to each owners special
investigation prior to construction and no specific representation is made herein.
OWNER/DEVELOPER/MAP PREPARED FOR:
Rick Burback
Burback Builders
262-679-5154 Fax 262-679-6541
Cell 414-520-1915
W185 S8095 Racine Ave
Muskego, WI 53150
TYPE OF PLAT:
Single Family Residential
SITE DATA:
Proposed Number of Lots = Twenty (20)
One Dwelling Unit per Lot
Gross Site Area = 1,066,701.40 Square Feet
(24.49 acres)
1 INCH = 80 FEET
0'80'160'
40'120'240'
Part of the Northeast 1/4 of the Northeast 1/4 of Section
26, Township 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin.
Bearings refer to the East line of the Northeast 1/4 of Section 26, Township
5 North, Range 20 East recorded as S 00°31'24" E, on the Southeastern
Wisconsin Regional Planning Commission "Control Survey Summary
Diagram" approved May, 1974 and revised February, 2018.
Elevations based on National Geodetic Vertical Datum of 1929 (NGVD-29)
1.25" Rebar (Set)
Found 1" Iron Pipe
Water Valve
Hydrant
Sanitary Sewer Manhole
Water Manhole or Well
Wetlands
General Manhole
Telephone Pedestal
30'x30' Vision Corner
SETBACK NOTES
There shall be no improvements or structures placed between the highway and the setback line.
ACCESS NOTES
As owner I hereby restrict all lots, in that no owner, possessor, user, nor licensee, nor other person shall have any right of direct
vehicular ingress or egress with Ryan Drive, as shown on the plat; it being expressly intended that this restriction shall constitute a
restriction for the benefit of the public according to §236.293, Stats., and shall be enforceable by the City of Muskego.
VISION CORNER NOTES
No structure or improvement of any kind is permitted within the vision corner. No vegetation within the vision corner may exceed 30
inches in height.LOCATION MAP
NE 1/4 SEC. 26-T5N-R20E
Legal Description:
Part of the Northeast 1/4 of the Northeast 1/4 of Section 26, Township 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin.
Commencing at the Northeast corner of the Northeast 1/4 of Section 26,
Township 5 North, Range 20 East; Thence S 0°30'02" E along the East line
of said Northeast 1/4 of Section 26, 33.00 feet to the South line of Ryan
Drive and the Point Of Beginning; Thence continuing S 0°30'02" E along said
East line of the Northeast 1/4 of Section 26, 873.49 feet; Thence S
72°07'44" W, 269.85 feet; Thence N 71°00'05" W, 528.40 feet; Thence S
88°08'00" W, 563.74 feet; Thence N 0°33'09" W, 346.99 feet to the
Southeast corner of Parcel 3 of Certified Survey Map 8229 as recorded in
the Waukesha County Register of Deeds Office as Document No. 2195040;
Thence continuing N 0°33'09" W along the East line of said Parcel 3 of
Certified Survey Map 8229, 292.42 feet to the South line of Parcel 2 of said
Certified Survey Map 8229; Thence N 89°02'51" E, 250.00 feet to the
Southeast corner of Parcel 1 of said Certified Survey Map 8229; Thence N
0°33'09" W along the East line of said Parcel 1 of Certified Survey Map
8229, 141.30 feet to the South line of Ryan Drive; Thence N 89°02'51" E
along said South line of Ryan Drive, 1069.97 feet to the Point Of Beginning.
Said Parcel contains 1,066,782 Square Feet or 24.490 Acres, more or less.
Set 1" Iron PipeWETLAND RESTRICTIONS:
1. Grading and filling shall be prohibited.
2. The removal of topsoil or other earthen materials shall be prohibited.
3. The removal or destruction of any vegetative cover, i.e. trees, shrubs, grasses, etc. shall be prohibited with the exception of the
removal of exotic, invasive, dead diseased, or hazardous vegetation at the discretion of the landowner and upon the approval of
the city of Muskego.
4. Grazing by domesticated animals, i.e. horses, cows, etc. shall be prohibited.
5. The introduction of plant material not indigenous to the existing environment of the natural area shall be prohibited.
6. Ponds may be permitted subject to the approval of the city of Muskego and, if applicable, the Wisconsin Department of Natural
Resources and the Army Corps of Engineers.
7. Construction of buildings is prohibited.
WETLAND PROTECTION OFFSET RESTRICTIONS:
There is a City required 15-foot Wetland Protection offset around all Wetland areas. The areas of land which are identified as
Wetland Protection offset areas shall follow all restrictions listed in Chapter 400 of the City of Muskego Municipal Code relating to
Wetland Protection offsets. If DNR regulations are applicable, then said regulations shall be in addition to all City regulations.
NOTE:
1. The Developer will protect wetlands with
a split rail fence in the locations shown on
the plat. The fencing must be maintained by
the individual owners in perpetuity and shall
not be removed.
2. Access is restricted along Ryan Drive for
Lots 1, 17, 20, & 27.
Each individual lot owner shall have an undividable fractional ownership in Outlot 1 and Waukesha County shall not be liable for any
fees or special assessments in the event they become the owner of any lot in the subdivision by reason of tax delinquency. The
homeowners association shall maintain said outlot in an unobstructed condition so as to maintain its intended purpose. Construction
of any building, grading, or filling in said outlots is prohibited, unless approved by the City of Muskego. The homeowners association
grants to the City the right (but not the responsibility) to enter upon this outlot in order to inspect, repair or restore said outlot to its
intended purpose. Expenses incurred by the City for said inspection, repair or restoration of said outlot may be placed against the tax
roll for said association and collected as a special charge by the City.
FINAL PLAT
ZONING DATA:
Existing Zoning : RS-2
Minimum Lot Area = 20,000 Sq. Ft.
Minimum Street Yard Setback = 40 Feet - Applies
along both street sides in corner lots.
1 - Side Yard Setback = 20 Feet
Other Side(s) = 15 Feet
Minimum Rear Yard Setback = 20 Feet
Minimum Wetland Buffer = 15 Feet
SOIL TYPES:
AsA Ashkum silty clay loam, 0 to 2 percent slopes
AzA Aztalan loam, 0 to 2 percent slopes
BlA Blount silt loam, 1 to 3 percent slopes
HeB Hebron loam, 2 to 6 percent slopes
HtA Houghton muck, 0 to 2 percent slopes
MgA Martinton silt loam, 1 to 3 percent slopes
OzaB2 Ozaukee silt loam, 2 to 6 percent slopes,
eroded
ShA Saylesville silt loam, 0 to 2 percent slopes
Sm Sebewa silt loam, 0 to 2 percent slopes
All other Lot and Outlot
corners are Set 3/4" Rebar,
24", weighing 1.50 lbs./ft.
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SHEET NO.
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PLANTING LOCATIONS
TREES MUST BE ATLEAST:
30' FROM ANY STREET CORNER
10' FROM A DRIVEWAY
20' FROM A STREETLIGHT OR UTILITY POLE
10' FROM A FIRE HYDRANT
10' FROM A GAS/WATER VALVE OR UTILITY LATERAL
*LOCATION OF TREES TO BE ADJUSTED PER FIELD CONDITIONS
GENERAL NOTES
1. THE LANDSCAPE INSTALLER MUST CONTACT THE CITY FORESTER PRIOR TO
PLANTING
2. TREES SHALL BE PLANTED IN ACCORDANCE TO THE TREE PLANTING DIAGRAM
(BELOW)
3. THE LANDSCAPE INSTALLER MUST RECEIVE APPROVAL FROM THE CITY FORESTER
FOR ANY SUBSTITUTION OR ALTERATIONS TO THE PLAN.
4. IT IS THE RESPONSIBILITY OF THE LANDSCAPE INSTALLER TO HAVE UNDERGROUND
UTILITIES LOCATED BY DIGGERS HOTLINE PRIOR TO INSTALLATION
5. PLANT MATERIAL SHALL CONFORM TO AMERICAN STANDARD FOR NURSERY STOCK
(ANSI Z600) AND COMPLY WITH ALL APPLICABLE STATE AND FEDERAL LAWS
GOVERNING INSPECTION, SHIPPING, SELLING, AND HANDLING OR NURSERY STOCK.
6. STOCK SHALL BE HANDLED PROPERTY SO THAT ROOT BALLS ARE NOT LOOSENED
OR ALLOWED TO DRY OUT AND TRUNKS AND BRANCHES ARE NOT DAMAGED.
7. PLANTINGS SHALL BE GUARANTEED TO BE IN A HEALTHY AND FLOURISHING
CONDITIONS FOR A PERIOD OF EIGHTEEN (18) MONTHS.
5' PLANTING EASEMENT (TYP.)
5' PLANTING EASEMENT
5' PLANTING EASEMENT
5' PLANTING EASEMENT
5' PLANTING EASEMENT
5' PLANTING EASEMENT (TYP.)
5' PLANTING EASEMENT
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City of Muskego
Plan Commission Supplement PC 034-2020
For the meeting of: June 2, 2020
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Vintage Grounds
Tax Key No. 2199.999.063 / S74 W16825 Janesville Road
NW ¼ of Section 10
PETITIONER: Erin Zielinski
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 034-2020
Vintage Grounds is seeking a Building, Site and Operation (BSO) Plan amendment for their coffee shop
also serving sandwiches and alcohol, located on the southwest corner of Janesville Road and Parkland
Drive.
CONSISTENCY WITH ADOPTED PLANS 034-2020
Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is
consistent with the plan.
Zoning: The property is zoned B-4 – Highway Business District and the proposed
amendments are consistent with the code.
STAFF DISCUSSION PC 034-2020
Vintage Grounds along Janesville Road obtained approval of a BSO Amendment in October 2019 to
allow for outdoor seating immediately outside of their coffee shop. Due to customer preference of sitting
outside rather than inside, the applicant is seeking approval to add two additional outdoor tables in the
grassy area along Parkland Drive.
The current outdoor seating area includes three outdoor tables and chairs immediately outside of the
coffee shop right next to the building in addition to two tables in the peninsula at the end of the parking
stalls immediately in front of the store. To the east where the parking stalls end there is a grassy area
where the applicant would like to add two additional tables outside that would be used seasonally from
approximately May 1st and November 1st as weather permits. City staff has not received any complaints
or concerns regarding the existing outdoor seating area. The resolution states that any of the outdoor
seating must not interfere with the public access within the parking lot and cannot be located in the right-
of-way.
The applicant has stated that they will coordinate with the mowing company and will be responsible for
moving the tables and chairs to ensure the area remains trimmed and clean.
There are no other exterior changes to the building or lighting proposed. Overall, staff feels this outdoor
seating area and elevation improvement should be a nice addition to this property and allow customers to
feel comfortable patronizing a local business.
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STAFF RECOMMENDATION PC 034-2020
Approval of Resolution PC 034-2020
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RESOLUTION #P.C. 034-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
VINTAGE GROUNDS LOCATED IN THE NW ¼ OF SECTION 10
(TAX KEY NO. 2199.999.063 / S74 W16825 JANESVILLE ROAD)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Vintage Grounds located at S74 W16825 Janesville Road / Tax Key No. 2199.999.063, and
WHEREAS, The petitioner is proposing to add a second outdoor seating area, and
WHEREAS, The current outdoor seating area includes three outdoor tables and chairs
immediately outside of the coffee shop right next to the building in addition to two tables in the
peninsula at the end of the parking stalls immediately in front of the store, and
WHEREAS, The outdoor seating area will include two additional tables in the grassy area along
Parkland Drive, and
WHEREAS, There are no other exterior changes to the building or lighting proposed.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan amendment for Vintage Grounds at S74 W16825 Janesville Road / Tax Key
No. 2199.999.063.
BE IT FURTHER RESOLVED, Any of the outdoor seating must not interfere with the public
access within the parking lot and cannot be located in the right-of-way.
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: June 2, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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MUSKEGOthe City of
Area of InterestI0160320
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Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 034-2020
Vintage GroundsS74 W16825 Janesville Road
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Prepared by City of Muskego Planning Department Date: 5/28/2020
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Westwood dr
In a continued effort to revitalize and beautify the Janesville rd area, Jewell Homes would like to revamp
the property located at W173S7600 Westwood dr.
In it’s former life this was once the post office building for Muskego. Then, for the last 20 plus years, it
was used as a contractor shop for a local plumber under the B3 zoning. The plumber has retired, and the
building is in need of repair and restoration to b ring it back to the standards of the surrounding
properties, while following the current intended zoning standards.
Use
Jewell Homes is located on the south west corner of Janesville rd and Lannon dr. This is their primary
office where all customers and deliveries come. The close proximity of the Westwood dr property make
it an ideal location for the Jewell Homes shop.
The use of the building would be to warehouse 2-3 trailers that are primarily on jobsites, but when not
in use would be stored indoors. This would also be where excess finish materials are stored for future
use including: Prefinished siding, exterior trim, interior trim and light supplies such as nails, hardware
etc. Currently Jewell Homes rents 2 storage units in Muskego to warehouse these it ems.
In addition to this use, John and Jamie Jewell would use the building for winter storage of their personal
belongings, a boat and a muscle car.
This building would not be open to the public. There would be minimal traffic daily, potentially an
employee of Jewell Homes would pick up materials or a trailer a couple times a week. There would be
no deliveries to the property, other than a Jewell Homes employee bringing excess materials in for
storage for future use. This should not cause an increase in traffic generation, any more than its current
use.
Operational considerations
The general use of this building will be during the daytime hours 7am -5pm. Because it is not an “open to
the public” location the traffic usage will be minimal. Also because of the non public use no noise,
loading or unloading will take place outside the hours of 7am -5pm. The current building has one
bathroom on site, which will get minimal use and therefore have little to no impact on the sanitary
sewer system.
Proposed redevelopment
The proposed redevelopment was drawn up to stay well within the necessary standards for the current
zoning on the property. The property would be completed in two phases:
Phase 1
The current building, roughly 1500 sq ft or 30x50 would be cleaned up. Duri ng this phase 2 overhead
doors would be added to the south wall of the building. The necessary brick repair would be completed,
along with the necessary wood and window repair. Once that is complete, the building will be painted to
fit in with the surrounding area properties, and to clean up the site as a whole.
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During phase 1 the north side of the property will also be cleaned up. Asphalt repair, and
grass/landscaping repair will be completed to enhance the Janesville rd side of the building.
Phase 2
A 40x65 addition, roughly 2700 sq ft will be added to the rear of the building. This will fall well within the
floor space requirements, and within the setbacks as shown. The design of the addition will have a 6/12
pitch asphalt shingled roof, the north side wi ll continue the same brick look as the remainder of the
original building, and the remaining sides will be fiber cement siding to fit in with the surrounding
residential properties. When the construction phase of the building is done the remaining asphalt and
landscaping will be repaired and cleaned up, giving the entire site a fresh new look.
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City of Muskego
Plan Commission Supplement PC 036-2020
For the meeting of: June 2, 2020
REQUEST: Building, Site and Operation Plan (BSO) for Jewell Homes, LLC.
Tax Key No. 2196.031 / W173 S7600 Westwood Drive
SE ¼ of Section 9
PETITIONER: Jewell Homes, LLC.
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 036-2019
Jewell Homes, LLC. is seeking a Building, Site and Operation Plan approval to repair and restore an
existing building and use it as storage and a shop for their construction business. The building would be
used to warehouse 2 to 3 trailers indoors and where excess finish materials would be stored for future
use. The owner would also like to store personal items indoors during the winter.
The property was previously a contractor shop for a local plumber and prior to that was the post office
building in the City. The plumber has retired and the proposed use would be a similar use for a
construction shop. Improvements to the site and building are proposed in two phases, where permits will
be required for each phase.
CONSISTENCY WITH ADOPTED PLANS 036-2020
Comprehensive Plan:
The 2020 Plan depicts the property as Medium Density Residential uses.
This proposal is not consistent with the plan. However, this property has
been continually used as a contractors shop and the continued use of this
property would be permitted.
Zoning: The front of the property is zoned B-3 General Business District. This
proposal is consistent with the Code.
STAFF DISCUSSION PC 036-2020
As discussed above, the building would be used as a shop to store trailers and excess construction
materials indoors. The shop building will not have any customer contact and would not be open to the
public. Employees will pick up/drop off a trailer and drop off materials to be stored. Drop off and pick up
of trailers and materials will be during typical business hours of 7:00 am and 5:00 pm. Therefore, no
noise or loading/unloading traffic will occur outside of those hours.
The petitioner is looking to phase improvements, the first phase would include building improvements
such as brick repair to the exterior, overhead doors added to the southern wall, wood and window repair,
cleaning and painting the exterior to fit with surrounding properties. The site work would include asphalt
repair, grass/landscaping repair and general clean up of the entire site.
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The second phase to the project is to add approximately 2,700 square feet to the rear of the building.
The addition would include a pitched asphalt roof with the brick to match the existing and fiber cement
siding. The remaining site work including additional asphalt repair and landscaping would be completed.
Architecture/Design Guides
The property is governed by the City’s General Design Guide. However, this proposal does not include a
new building, but a sizable addition to the rear of the building. It appears as though the applicant did
however attempt to utilize the Design Guides as a basis for the colors throughout, being earth tones. The
addition portion of the building in the front is proposed as a brick wainscoting along the bottom with fiber
cent lap siding above carrying the roofline through from the existing building. The north side that would
face toward Janesville road would include new brick to carry through from the existing building with fiber
cement siding on the gable end. The east side (rear) side of the building would be all fiber cement lap
siding and the southern elevation, which abuts existing residential uses would be a mixture of the existing
split-face CMU with the lap siding.
The main item in the General Design Guide is to provide four sided architecture with at least 50%
masonry products. The rear elevation, which is the new addition is all fiber cement lap siding without any
masonry. Because this elevation and the southern elevation abut existing residential uses the Plan
Commission may consider granting a waiver for the masonry requirement to allow the building to fit in with
the residential neighborhoods as the fiber cement lap siding is a very popular residential material.
Site, Parking, and Access
There are no identified parking stalls on this site and the asphalt area does not have curb and gutter. The
Zoning Code does not identify a required number of parking stalls for a construction shop that will not
have any employees working on-site and will not have any customer visits. Staff feels that it does not
appear as though any parking stalls need to be identified on-site unless the use of the building changes at
any point where customers will be on site or employees will be working on site.
For commercial properties within more developed commercial areas, curb and gutter are typically
required. However, the petitioner is repairing the existing asphalt areas. If at any point the
parking/driveway area is reconstructed the City would require concrete curb and gutter throughout the
site.
The petitioner has not mentioned any signage for the site. Moving forward if any signs are proposed, a
sign permit will be required before any signs are produced and installed.
All dumpsters and/or refuse/recycling containers must be stored within the garage per the applicant. If
these items need to be relocated outside at some point into the future, a proper City approved enclosure
must be installed.
No new lighting is proposed at this time. Any new/altered exterior or site lighting will require further review
and approvals by the City. Any new/altered exterior lighting (wall mounted and/or pole mounted) must
meet all City required lighting specs, including all fixtures being full cut-off with zero degree tilt.
STAFF RECOMMENDATION PC 036-2020
Approval of Resolution PC 036-2020
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MUSKEGOthe City of
Area of InterestI04080
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Agenda Item(s)
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Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 036-2020
Jewell Homes, LLC.W73 S7600 Westwood Drive
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RESOLUTION #P.C. 036-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR
JEWELL HOMES, LLC LOCATED IN THE SE ¼ OF SECTION 9
(TAX KEY NO. 2196.031 / W173 S7600 WESTWOOD DRIVE)
WHEREAS, A submittal was received from Jewell Homes, LLC. for a Building, Site and Operation (BSO) located at W173
S7600 Westwood Drive / Tax Key No. 2196.031, and
WHEREAS, The petitioner is proposing to repair and restore the existing building and use it as a shop for their construction
business, and
WHEREAS, The building would be used to warehouse 2 to 3 trailers indoors and where excess finish materials would be
stored for future use in addition to the storing owners personal items during the winter, and
WHEREAS, The shop building will not have any customer contact and would not be open to the public, and
WHEREAS, Employees will pick up/drop off a trailer and drop off materials to be stored during typical business hours of 7:00
am and 5:00 pm, and
WHEREAS, Improvements to the site and building are proposed in two phases, and
WHEREAS, The first phase would include building improvements such as brick repair to the exterior, overhead doors added to
the southern wall, wood and window repair, cleaning and painting the exterior and site work including asphalt repair,
grass/landscaping repair and general clean up of the entire site, and
WHEREAS, The second phase to the project is to add approximately 2,700 square feet to the rear of the building and the
remaining site work including additional asphalt repair and landscaping, and
WHEREAS, The property is governed by the City’s General Design Guide, and
WHEREAS, The main item in the General Design Guide is to provide four sided architecture with at least 50% masonry
products, and
WHEREAS, Because the east elevation and the southern elevation abut existing residential uses the Plan Commission may
consider granting a waiver for the masonry requirement to allow the building to fit in with the residential neighborhoods as the
fiber cement lap siding is a very popular residential material, and
WHEREAS, The addition would include a pitched asphalt roof with the brick to match the existing and fiber cement siding, and
WHEREAS, The existing paving will remain with repairs as needed, and
WHEREAS, There are no identified parking stalls on this site and the asphalt area does not have curb and gutter, and
WHEREAS, The Zoning Code does not identify a required number of parking stalls for a construction shop that will not have
any employees working on-site and will not have any customer visits, and
WHEREAS, No signage is proposed at this time, and
WHEREAS, All refuse/recycling will be stored in proper containers inside the building, and
WHEREAS, No new lighting has been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan for Jewell Homes,
LLC. located at W173 S7600 Westwood Drive / Tax Key No. 2196.031.
BE IT FURTHER RESOLVED, Exterior renovations will require staff review and permits prior to work commencing.
BE IT FURTHER RESOLVED, Any paving beyond normal repairs will require further review and formal approvals.
BE IT FURTHER RESOLVED, If at any point the parking/driveway area is reconstructed the City would require concrete curb
and gutter throughout the site.
BE IT FURTHER RESOLVED, Any signage (temporary or permanent) will require further review and formal approvals.
BE IT FURTHER RESOLVED, If any refuse/recycling containers need to be relocated outside at some point into the future, a
proper City approved enclosure must be installed.
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
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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: June 2, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 037-2020
For the meeting of: June 2, 2020
REQUEST: Building Site and Operation Plan Amendment for Alliance Construction and Design, Inc.
S73 W16555 Janesville Road / Tax Key No. 2198.978
NW ¼ of Section 10
PETITIONER: Alliance Construction and Design, Inc.
INTRODUCED: June 2, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 037-2020
The petitioner, Alliance Construction and Design, Inc., has come before the Plan Commission twice in the
last year for Building, Site and Operation Plan Amendment (BSO) approvals to allow for the existing car
wash/laundromat to be remodeled to be a multi-tenant building. First, in August 2019 the applicant
obtained Plan Commission approval for a BSO Amendment that included a smaller addition and
remodeling the existing building alongside the single bay car wash that would remain. Then in March of
2020 the applicant obtained Plan Commission approval for a BSO Amendment for all of the existing
building to be removed except for a single car wash bay, on the eastern end of the building.
The petitioner is now requesting a modification to the March 2020 BSO Amendment approval.
PLAN CONSISTENCY PC 037-2020
Comprehensive Plan:The 2020 Plan depicts the areas for commercial use. The proposal is
consistent with the Plan.
Zoning: The property is zoned B-4 Highway Business District and the existing
and proposed laundromat use is allowed by right subject to the approval
of a Building, Site, and Operation Plan.
Park and Conservation Plan: No park acquisitions or conservation areas are proposed in this area.
The proposal is consistent with the Plan.
Street System Plan: No road dedications are required as part of this proposal. The proposal
is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
Public sanitary sewer serves this area. The proposal is consistent with
the plan.
Water Capacity Assessment
District:
The property is serviced with municipal water. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
On-site stormwater management will need to be reviewed by the
Engineering Department before any permits can be issues to see if any
stormwater management needs to be accounted for on-site.
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DISCUSSION PC 037-2020
As mentioned above the petitioner has received Plan Commission approvals for a smaller remodeling
project in 2019 and also for a major remodel/rebuild project in March 2020. Both approvals included the
eastern wall of the car wash being 9.81 feet from the side property line. The offsets in the B-4 District are
ten feet. This actually equates to 2-3/8” encroachment into the side yard offset. During the discussion of
the March 2020 BSO Amendment the applicant indicated that they were able to move the easternmost
wall of the car wash the 2-3/8” to the west utilizing the same foundation to bring the building into
conformance.
During the past two months, the petitioner has realized that the hard costs to reconstruct the wall as
approved are substantially more expensive than originally anticipated. Additionally, the design guide
requires 50 percent masonry to match the remainder of the building which will require the wall be moved
further. Therefore, the applicant is requesting Resolution PC 016-2020 be amended to include an option
to apply for a 0.19-foot variance to the side yard offset to allow the existing wall to remain and allow the
project to continue as approved in Resolution PC 016-2020 without moving the easternmost wall.
A second amendment to Resolution PC 016-2020 and a waiver from the Plan Commission is then
required related to the eastern wall. The resolution would be amended where it states that masonry must
account for at least 50% of each wall surface and details need to be provided before Building Permit
issuance relating to exact colors and new materials of the entire building including the new east wall. If
the applicant is able to obtain the 0.19-foot variance, they would then be asking to leave the entire
eastern wall as split face CMU, but painted to complement the remainder of the building.
The Plan Commission would also need to grant a waiver to the Downtown Design Guide where four sided
architecture that utilizes similar materials and design for all four sides of a structure. Additionally, the
design guide states that the coloring of the brick, masonry or stone shall be integral to the product and not
painted on the surface. The remainder of the building will not be painted CMU block and therefore will not
meet the intent of the Downtown Design Guide. Also, in order to complement the colors of the remainder
of the building, the block must be painted.
Due to this situation where the existing building is encroaching 0.19 feet into the side yard offset, staff
feels the waiver to the Downtown Design Guide would be appropriate with a landscaping plan that
includes plantings at least six feet in height spaced accordingly that will break up the monotony of the
painted block wall.
Resolution PC 037-2020 is therefore an amendment to PC 016-2020 to allow for the following:
BE IT FURTHER RESOLVED, The east wall of the car wash will be moved to meet the ten foot offset
unless a variance or other form of relief is approved to allow the existing eastern wall of the car wash to
encroach into the eastern side yard offset a maximum of 0.19 feet or 2-3/8”.
BE IT FURTHER RESOLVED, Masonry must account for at least 50% of each wall surface and details
need to be provided before Building Permit issuance relating to exact colors and new materials of the
entire building with the exception of the eastern wall provided a variance is obtained to leave the existing
eastern wall as it currently exists being painted to compliment the remainder of the building.
STAFF RECOMMENDATION PC 037-2020
Approval of Resolution PC 037-2020, subject to the conditions listed on the resolution and noted
in this supplement.
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RESOLUTION PC 037-2020
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RESOLUTION #P.C. 037-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
ALLIANCE CONSTRUCTION AND DESIGN, INC.
FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 10
(S73 W16555 JANESVILLE ROAD / TAX KEY NO. 2198.978)
WHEREAS, Plans were submitted by Alliance Construction and Design, Inc. for approval of a Building,
Site and Operation Plan Amendment for Muskego Laundry for a property located in the NW ¼ of Section
10 (S73 W16555 Janesville Road / Tax Key No. 2198.978), and
WHEREAS, The property is zoned B-4, Highway Business District, and
WHEREAS, The 2020 Plan Depicts the area for Commercial uses and the proposal is consistent with the
plan, and
WHEREAS, In August 2019 the applicant obtained Plan Commission approval for a BSO Amendment
that included a smaller addition and remodeling the existing building alongside the single bay car wash
that would remain, and
WHEREAS, In March 2020 the applicant obtained Plan Commission approval for a BSO Amendment for
all of the existing building to be removed except for a single car wash bay, on the eastern end of the
building, and
WHEREAS, All conditions of approval on Resolution PC 016-2020 remain in full effect except as
amended as part of this Resolution.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site, and Operation
Plan Amendment for Alliance Construction & Design, Inc. for the property located in the NW ¼ of Section
10 (S73 W16555 Janesville Road / Tax Key No. 2198.978).
BE IT FURTHER RESOLVED, The east wall of the car wash will be moved to meet the ten foot offset
unless a variance or other form of relief is approved to allow the existing eastern wall of the car wash to
encroach into the eastern side yard offset a maximum of 0.19 feet or 2-3/8”.
BE IT FURTHER RESOLVED, Masonry must account for at least 50% of each wall surface and details
need to be provided before Building Permit issuance relating to exact colors and new materials of the
entire building with the exception of the eastern wall, provided a variance is obtained to leave the existing
eastern wall as it currently exists being painted to compliment the remainder of the building.
BE IT FURTHER RESOLVED, The landscape plan is subject to final Planning and City Forester approval
before building permit issuance and some additional landscaping will be required, especially in front of the
building, around the transformer, around the car wash pay station, around the vacuum area and six feet in
height spaced accordingly that will break up the monotony of the eastern painted block wall.
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: June 2, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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RESOLUTION PC 037-2020
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MUSKEGOthe City of
Area of InterestI0110220
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 037-2020
Alliance Construction & Design, Inc.S73 W16555 Janesville Road
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