PLAN COMMISSION Packet - 12/1/2020CITY OF MUSKEGO
PLAN COMMISSION AGENDA
12/01/2020
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the Minutes of the November 9, 2020 meeting.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 073-2020 Approval of a Three-Lot Certified Survey Map for Dave Weiss
located at W133 S8033 Northview Drive / Tax Key No. 2210.999.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 075-2020 Approval of a three-month review for Frey Auto located at
S106 W16301 Loomis Road / Tax Key No. 2293.996.002.
RESOLUTION PC 076-2020 Approval of a Building, Site and Operation Plan Amendment
for Thomas Dahlman at Valley Green Golf Course located at W126 S9218 North Cape
Road / Tax Key No. 2256.994.
RESOLUTION PC 077-2020 Approval of a Building, Site and Operation Plan Amendment
for Cornerstone Development for the property located along Loomis Road west of
Champions Drive / Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003, and
2264.999.
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
11/09/2020
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
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 and Gazzana, Planner
Trzebiatowski.
Absent: Commissioners Bartlett, 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 6, 2020 meeting.
Alderman Kubacki made a motion to approve the October 6, 2020 minutes. Commissioner
Oliver seconded. Motion to approve passed unanimously.
CONSENT BUSINESS
RESOLUTION PC 066-2020 Approval of a Building, Site and Operation Plan Amendment
for Danny Haskells located at W171 S7260 Lannon Drive / Tax Key No. 2198.001.
RESOLUTION PC 068-2020 Approval of a Three-Lot Certified Survey Map for Lynn Kurer
located at W143 S7980 Durham Drive / Tax Key No. 2213.999.
RESOLUTION PC 074-2020 Approval of a Mother-in-Law Unit for the Kuzminski property
located at S70 W13478-80 Fennimore Lane / Tax Key No. 2163.104.
Alderman Kubacki made a motion to approve the consent business engross. Commissioner
Oliver seconded. Motion to approve passed unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 064-2020 Recommendation to Common Council for a Comprehensive
Plan Amendment and Plan Commission approval of a Two-Lot Certified Survey Map for Page 1 of 6
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Mark & Lynda Troeger located at S110 W21050 South Denoon Road / Tax Key No.
2284.971.
Planner Trzebiatowski provided an overview of the land division. A conceptual land division
was discussed at a previous Plan Commission meeting. Two waivers are being requested
being right-of-way access and reduction in frontage since there is no direct access to the
right-of-way. Both of these requirements can be waived by the Plan Commission and
Council. The existing access easement will be used.
Alderman Kubacki mentioned that residents already use the easement and the road is well
maintained, so it is not an issue. Planner Trzebiatowski also further explained if someone
wanted to propose a land division and install a new easement, the code would not
recommend and this is a lot within a grouping of existing lots and the easement is already
there and used by those residents.
Alderman Kubacki made a motion to approve Resolution PC 064-2020. Commissioner
Oliver seconded. Motion passed unanimously.
RESOLUTION PC 065-2020 Recommendation to Common Council to amend Sections 392-
22, 392-23, 392-24, and 400-31 of the Municipal Code.
Planner Trzebiatowski provided an explanation of the proposed Code changes including a
datum change requested by the GIS/IT department. The second change related to the
Code, specifically to the groundwater separations so any variance would be reviewed by the
Public Works & Safety Committee who would provide a recommendation to the Common
Council.
Alderman Kubacki made a motion to approve Resolution PC 065-2020. Commissioner
Oliver seconded. Motion passed unanimously.
RESOLUTION PC 067-2020 Approval of a Building, Site and Operation Plan Amendment
for SJ Louis located at the corner of College Avenue and Racine Avenue / Tax Key No.
2177.996.
Planner Trzebiatowski explained the temporary use of storing products, materials,
equipment and trucks as part of the Waukesha water construction project. The temporary
use would be for two years. Staff is recommending that any area that will be used for
storage or parking or any area with disruption of soils be covered with gravel. Proper soil
erosion measures will be required. They are working with Waukesha County for Racine
Avenue access.
Alderman Kubacki made a motion to approve Resolution PC 067-2020. Commissioner
Oliver seconded. Motion passed unanimously.
RESOLUTION PC 069-2020 Approval of a Four-Lot Certified Survey Map for Bryon Hrin
located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014.
Planner Trzebiatowski provided an overview of the land division along with the next two land
division applications as they are further divisions of the first. Madysen Court must be built
out to City Standards. Due to the change in the cul-de-sac bulb a separate right-of-way
vacation process must be completed. Storm water management must be accounted for
which on the third CSM is shown in the southeastern corner of the development. All of the
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lots appear to meet the land division ordinance pending the completion of the technical
review.
One area of concern is the number and size of the outbuildings. As the lots are split off of
the original lot, the lot becomes too small to support the size and number of the outbuildings.
The applicant is aware and has noted that he may apply for a rustic structure status for
these buildings or the buildings will need to be removed. Access will be to Madysen Court
or Parker Drive for the new lots.
Alderman Kubacki asked if the lots on Madyson Court meet the appropriate width
requirements. Planner Trzebiatowski said they do meet the width requirements on a cul-de-
sac.
Alderman Kubacki asked for clarification of the wetland area in the southeast corner will be
for stormwater. Planner Trzebiatowski said that the lot will be for stormwater and will need
to be labeled an outlot. Alderman Kubacki confirmed that this lot will be unbuildable,
Planner Trzebiatowski agreed and there will be notes for stormwater purposes and wetland
protection only.
Alderman Kubacki made a motion to approve Resolution PC 069-2020. Commissioner
Oliver seconded. Motion passed unanimously.
RESOLUTION PC 070-2020 Approval of a second Four-Lot Certified Survey Map for Bryon
Hrin located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014.
RESOLUTION PC 071-2020 Approval of a Two-Lot Certified Survey Map for Bryon Hrin
located at S99 W20523 Parker Drive / Tax Key No. 2280.999.014.
Alderman Kubacki made a motion to approve Resolution PC 070-2020 and Resolution PC
071-2020 together. Commissioner Oliver seconded. Motion passed unanimously.
RESOLUTION PC 072-2020 Approval of a Building, Site and Operation Plan Amendment
for Milk Can Hamburgers & Custard located at S73 W16770 Janesville Road / Tax Key No.
2198.984.006.
Planner Trzebiatowski provided an overview of the new restaurant at the old Arby’s site. As
part of the request is for the changes to the building. Phase I is mostly just painting the
building. Phase II includes an overhaul of the building including an outdoor seating area
towards Janesville Road. They are also asking to be able to park their custard trailer in a
parking stall during the summer months. The trailer would not be stored on-site. The store
would be open 10:00 AM to 11:00 PM for lunch and dinner and want the option to be able to
open at 7:00 AM for an added breakfast menu. Architectural changes would include
repainting, covering the existing masonry in the front with a distressed wood wrap and
galvanized canopies. As a result, the percentage of masonry on the front of the store drops
from near 100% to zero percent. On the remainder of the building the corners would be
wrapped in the same wood product.
Access will remain largely the same with a slight widening of the drive thru aisle. Further
plans and survey will be needed to confirm zoning requirements. The existing dumpster
enclosure will remain and should be the same color as the building. Landscaping beds are
being re-used. While Arby’s was there several street trees were removed and those trees
must be replaced. Conceptual signage has been reviewed. A lighting plan was included
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of the building and patio that are shown with a visible light source. Typically, this is not
allowed as lights are to be zero degree tilt and full cut-off. On a past project the Plan
Commission has allowed similar fixtures, but with an etched or frosted glass that would
conceal the light source.
Commissioner Gazzana asked if there is a shared access at the southeast portion of the
site. Planner Trzebiatowski confirmed that there is a shared access and being on a county
highway the County controls all access points.
Alderman Kubacki asked if the existing columns are brick. Planner Trzebiatowski said they
were. Alderman Kubacki asked if the columns would remain brick or change to wood. The
applicant stated that the corners would be wrapped in distressed wood as well as the two
columns bordering the door in front. The three columns on the sides would remain brick and
painted grey. Between the columns will be red brick. Alderman Kubacki noted that there
will be a significant amount of brick. Alderman Kubacki also noted that he likes the accents.
Alderman Kubacki made a motion to approve Resolution PC 072-2020. Commissioner
Oliver seconded. Motion passed unanimously.
RESOLUTION PC 073-2020 Approval of a Three-Lot Certified Survey Map for Dave Weiss
located at W133 S8033 Northview Drive / Tax Key No. 2210.999.
Planner Trzebiatowski noted that this was reviewed as a conceptual design previously.
Previously there were two lots and this proposal if for three lots. The main discussion points
include dedicating the proper cul-de-sac bulb and not improving the cul-de-sac. The col-de-
sac bulb would be dedicated but when the land division was for two lots the Plan
Commission was OK not making them improve the cul-de-sac. Now with three lots the Plan
Commission should discuss again whether the improvements of the full cul-de-sac is
necessary. Another point of discussion is connection any right-of-way or easement to the
east. The School District does not have any plans for the land now. The ordinance does
address and requires connections to the furthest extend of the development.
Alderman Kubacki asked if there is access to the school from Hi-View. Mayor Petfalski said
yes there is an access to Hi-View that is not built to City standards.
Alderman Kubacki was confirming that Northview Drive is fully improved. Planner
Trzebiatowski explained that Northview is improved but the cul-de-sac is not and when
discussed for two lots at the conceptual review would not need to be improved.
Mr. Weiss noted that the school already has access to its land that are currently used.
Confused as to why he needs to dedicate land where the school did not. Planner
Trzebiatowski said the difference is that there is a land division occurring now, where before
there was not.
Planner Trzebiatowski explained that the code is written to promote interconnectivity and
avoid long cul-de-sacs.
Mayor Petfalski would prefer a dedication or an easement that would convert to a
dedication. He doesn’t want to lock out the next subdivision of not having two access
points.
Mr. Weiss said that we have not idea what the school will do with this land and thinks it’s
ridiculous that he would have to give his land to them. This would essentially improve that
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value of their land without even talking to the neighbors. Mayor Petfalski said that he is
looking for the least evasive way but still keep options open for the future.
Mr. Weiss thought that during the conceptual review it was clear that this dedication would
not be needed so he proceeded this way.
Planner Trzebiatowski noted that the final decision is with Common Council as this is a
recommendation. This is in the Ordinance and Plan Commission is providing a
recommendation to the Council.
Mayor Petfalski asked Planner Trzebiatowski what the different options would be. Planner
Trzebiatowski explained that there are easement options but easements are not the best
options for roads as Mr. Weiss would maintain ownership and there would be an overriding
right to the land, but not typically a road. An easement may be an option for an emergency
access. Another option would be a dedication where Mr. Weiss gives up the land and it
becomes City responsibility even if the road is never built. Another option may be a road
reservation, which had been used in the past where the land is reserved for future road.
Finally, its possible to put a note onto lot three that prior to any future development requires
future access forcing the topic to resurface. This would likely be the least invasive as
nothing happens now and is dependent upon something happening to Lot 3.
Alderman Kubacki asked if the road would be located on the south lot line. Planner
Trzebiatowski explained that if there was a dedication, yes it would likely be on the southern
property line. If it were to wait for a future division, then there may be a plan and the road
could be shifted to meet future plans.
Mr. Weiss asked if he divides his lot into two, then he wouldn’t need to dedicate the land.
Planner Trzebiatowski explained that any land division will raise this concern.
Alderman Kubacki asked if this went back to a two-lot land division, would there be a need
for the road. Mayor Petfalski explained that you do need a reservation either way unless the
Plan Commission recommends to waive this requirement.
Alderman Kubacki asked if there are any other options other than something on the Weiss
property. Mayor Petfalski brought up selling the property with deed restrictions to restrict for
emergency access only. Planner Trzebiatowski mentioned using an easement if for
emergency access only as you can define the easement for whatever you would like. Then
in the future the easement could be vacated if it is not needed for certain.
Mr. Weiss said the school could buy any other property along Hi View, not necessarily taking
his land. Planner Trzebiatowski explained that the ordinance requires dedication during
land division.
Mayor Petfalski mentioned that if they required an easement, then if the land were
developed, they would need to make the existing emergency access onto Hi View a full-
fledged entrance and then the emergency access would be through the Weiss property.
Alderman Kubacki noted that in fairness to the neighbors on Hi View, if the Plan
Commission determines this will only be an emergency access, the Plan Commission is
forcing a street to go onto Hi View with any future development. Mayor Petfalski explained
that any future development will need to go through a rezoning process and public hearing
so nothing is guaranteed.
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Mayor Petfalski asked what their timeframe was for the development. Mr. Weiss responded
they want to break ground.
Alderman Kubacki asked whether the school property extends to North Cape Road.
Planner Trzebiatowski said that it does. The school has frontage on North Cape for the
main access and the school is located on the eastern side of the property. The
undeveloped portion of the property is what abuts the Weiss property. Alderman Kubacki
asked if future development could use the existing access on North Cape Road and Hi-View
for future development. Planner Trzebiatowski explained that those access points are
already in and are not up to City standards for a street. Additionally, you wouldn’t want a
public street to go through a school parking lot.
Alderman Kubacki asked if the school property can gain access through Hi View with an
emergency access through the school onto North Cape or a parallel road though the school
parking lot. Alderman Kubacki understands that Mr. Weiss would be creating value for the
school property without getting anything for himself. If that would not work, Alderman
Kubacki would want a dedication not just an easement.
Mayor Petfalski would like staff to investigate further to ensure possibilities of different
access points and methods to do so. Mayor recommends deferring this proposal to
December to allow for additional investigation. Alderman Kubacki agrees.
Alderman Kubacki made a motion to approve Resolution PC 073-2020. Commissioner
Oliver seconded. Alderman Kubacki made a motion to defer this until December Plan
Commission. Commissioner Oliver seconded. Motion passed unanimously.
MISCELLANEOUS BUSINESS
Nothing at this time.
ADJOURNMENT
Commissioner Gazzana made a motion to adjourn. Alderman Kubacki seconded. Motion to
approve passed unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Associate Planner
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City of Muskego
Plan Commission Discussion PC 073-2020
For the meeting of: December 1, 2020
REQUEST: Three (3) Lot Land Division – Certified Survey Map
W133 S8033 Northview Drive / Tax Key No. 2210.999
NW ¼ of Section 13
PETITIONER: Dave Weiss
INTRODUCED: November 9, 2020
LAST AGENDA: November 9, 2020
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 073-2020
The petitioner is proposing to divide a large residential lot into three separate lots by Certified Survey Map
(CSM). The proposed lots range from approximately 5.15 acres to 17.22 acres in size. The property is
located at the northern end of North View Drive. In July the petitioner brought a land division sketch
before the Plan Commission for a conceptual discussion. At that meeting a two-lot land division was
discussed along with dedicating/improving the cul-de-sac bulb and potential connections to the land
toward the east. More recently at the November 9, 2020 Plan Commission meeting a three-lot land
division was discussed. This land division was similar as far as the western lot, but the eastern lot was
divided into two separate lots making it a three-lot land division petition.
PLAN CONSISTENCY PC 073-2020
Comprehensive Plan: The 2020 Plan depicts the area for rural density residential uses (<0.49
units/acre). The proposed concept is consistent with the Plan.
Zoning: The property is zoned RC-2 County Residence District. That district
required lots to be at least 60,000 square feet in area with a minimum
average width of at least 175 feet. The proposal is consistent with the
Zoning Code.
Parks and Conservation Plan:The 2017-2021 Plan does not depict any park area on this property.
Portions of the lots are considered high conservation areas and they are
protected as wetlands.
Street System Plan: The required area for a cul-de-sac will be dedicated to the City for road
purposes. As discussed during the conceptual review, the cul-de-sac
will not need to be improved to City standards at this point.
Adopted 208 Sanitary Sewer
Service Area:
The current home is serviced via public sanitary sewer. The applicant
has contacted the City regarding an additional home on the existing
main. The applicant would need to contact the Utilities Department to
further explore the options for additional sewer connection.
Water Capacity Assessment
District:The existing home is serviced with a private well and any new homes
would be too.
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RESOLUTION PC 073-2020
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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.
DISCUSSION PC 073-2020
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 being signed
by the City and recorded.
Pursuant to discussion at the conceptual land division meeting and the first formal discussion of the three
lot CSM, the cul-de-sac bulb will be dedicated to the City as shown on the CSM. A note will be required
on the CSM that if there is any permitting or land divisions of the properties within this CSM that the
improvement of the cul-de-sac will need to be discussed by Plan Commission, Common Council and/or
Public Works and Safety Committee to determine if the cul-de-sac must be extended and improved to
City standards.
The main discussion point relates to potentially requiring the extension of a roadway/right-of-way toward
the east to the undeveloped portion of land owned by the Muskego-Norway School District (MNSD). Both
the Land Division Ordinance and the Zoning Code require the extension of roadways/right-of-ways,
utilities, etc. to the extent of the development. At the November 9, 2020 Plan Commission meeting,
action on the Resolution 073-2020 was deferred to the December 1, 2020 meeting in order to research all
of the potential option to extend the roadway/right-of-way to the extent of the development fulfilling the
spirit of the Municipal Code. The different options included:
1. Dedication - Requiring a right-of-way dedication that would extend east up to the shared property
line of the applicant and the MNSD. Actually installing the roadway would not be needed until the
point where the adjacent property is developed.
2. Easement - Requiring an easement that would extend to the property line would likely only be a
good option for an emergency access. This would allow access through the Weiss property for
emergencies and the property would remain under the ownership of the owner of Lot 3.
Typically, easements are not used for public road access over private land.
3. Reservation - Requiring a road reservation is not common anymore and a road reservation is
very similar to a dedication.
4. CSM Note - Requiring a restriction/note to be placed on the CSM for Lot 3 that states that if said
lot has any proposals for land divisions or construction on it, then at that time the Plan
Commission, Common Council and/or Public Works and Safety Committee will need to review
the proposal to determine if the road extensions are necessary to be extended to the eastern
property line.
The resolution remains exactly how it was presented at the Plan Commission on November 9, 2020
which included the first option of a right-of-way being dedicated to the City extending to the eastern limits
of the development. As part of the Plan Commission discussion direction is needed as far as what type, if
any, road, right-of-way or utility extensions are desired, when the improvements will be required and who
will be required to pay for said improvements.
Another amendment to the Resolution to clarify the improvements to the cul-de-sac recommended by
staff include, “A note will be required on the CSM that if there is any permitting or land divisions of the
properties within this CSM that the cul-de-sac will need to be discussed by Plan Commission, Common
Council and/or Public Works and Safety Committee to determine if the cul-de-sac must be extended and
improved to City standards.”
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 073-2020
Approval of Resolution PC 073-2020
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RESOLUTION PC 073-2020
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Zoning Districts
Right-of-Way
Hydrography
0 250 500 Feet
Dave Weiss
W133 S8033 Northview Drive
RESOLUTION #PC 073-2020
Supplemental Map
Prepared by City of Muskego Planning Department
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RESOLUTION PC 073-2020
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RESOLUTION #P.C. 073-2020
APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR THE WEISS PROPERTY
LOCATED AT W133 S8033 NORTHVIEW DRIVE / TAX KEY NO. 2210.999
WHEREAS, A Certified Survey Map (CSM) was submitted by Dave Weiss for a three (3) lot land division
located at W133 S8033 Northview Drive / Tax Key No. 2210.999, and
WHEREAS, The proposed lots range from approximately 5.15 acres to 17.22 acres in size, and
WHEREAS, The property is zoned RC-2 Country Estates District and requires minimum lot sizes of 60,000
SF with a minimum average width of 175 feet per lot, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the
proposed land division is consistent with the plan, and
WHEREAS, All three lots will be served by municipal sewer, and
WHEREAS, All three lots will utilize private wells for water, and
WHEREAS, All three lots have direct access to North View Drive, and
WHEREAS, In July the petitioner brought a two-lot land division sketch before the Plan Commission for a
conceptual discussion, and
WHEREAS, A cul-de-sac bulb will be dedicated to the City with a note stating that the cul-de-sac will not be
improved until additional development occurs, and
WHEREAS, The Land Division ordinance that states that improvements shall be extended to the farthest
affected area, which would include the land toward the east.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Dave Weiss for a three (3) lot land division located at W133 S8033 Northview Drive / Tax Key No.
2210.999, 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 note will be required on the CSM that if there is any additional
development of these properties that the cul-de-sac will need to be improved to City standards.
BE IT FURTHER RESOLVED, A right-of-way must be dedicated that extends to the eastern edge of the
property
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: November 9, 2020
Introduced: November 9, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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RESOLUTION PC 073-2020
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RESOLUTION PC 073-2020
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City of Muskego
Plan Commission Supplement PC 075-2020
For the meeting of: December 1, 2020
REQUEST: Three Month Review for Frey Auto
S107 W16311 Loomis Road / Tax Key No. 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Planning Division
INTRODUCED: December 1, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 075-2020
Petitioner received an amended approval per Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014
and #PC 055-2014 to operate an auto sales and service establishment from this site. The property is
zoned B-4 and the use is permitted by Conditional Use Grant in the district. The approved plans permit
the following:
Seventy-eight (78) stalls for vehicles for sale,
Ten (10) stalls for sale customer vehicles,
Seven (7) stalls for employees,
Fourteen (14) stalls for customer repair vehicles,
Twelve (12) stalls for loaner cars,
Two (2) stalls for tow trucks/deliveries,
Two (2) enclosed outdoor storage areas,
No vehicles can be used as signage,
Signage and banners displayed on vehicles for sale is prohibited, except for a price sign
hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
Resolution #PC 053-2020 required a three-month review to consider possible suspension/revocation of
the Conditional Use Grant after a failed site inspection occurred prior to the September Plan Commission
meeting, which was required following a failed site inspection in February as part of the annual reviews
for problematic properties with Conditional Use Grants. Additionally, at the Plan Commission meeting in
March the Plan Commission further discussed sending a letter to all properties subject to the annual or
two-year reviews notifying them that there will be quarterly reviews subject to citations for habitual
violators. A letter was sent to Frey Auto on April 20, 2020 notifying them that failure of subsequent site
inspections would result in issuance of citations.
STAFF DISCUSSION PC 075-2020
Based on the direction of the Plan Commission, an inspection was completed on November 20, 2020 and
compliance was not found. The issues/violations were as follows:
• There was unsightly outdoor storage that included junked/wrecked vehicles parked installs and
miscellaneous auto parts set outside.
• A flatbed truck was double parked within a drive aisle.
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RESOLUTION PC 075-2020
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The flatbed truck and auto parts that were stored outside may have been temporary as the site inspection
occurred during standard business hours, but the junked/wrecked vehicles appeared to be parked in
stalls for a period of time.
The site is mostly in compliance with a couple minor infractions as noted above. The Plan Commission
should discuss options for moving forward including quarterly reviews/inspections, citations, or
suspension/revocation of the Conditional Use Grant if the site cannot remain in continuous compliance.
The regularly scheduled annual review will take place in March of 2021 where the Plan Commission will
review of the Conditional Use Grant conditions of approval. Staff is recommending approval of the three-
month review as the drive aisles were easy to navigate and the issues/concerns appeared to be part of
the ongoing business operations during the day, but note that junked or wrecked vehicles and vehicle
parts must remain stored in a screened area and the flatbed truck must be parked in a marked stall.
STAFF RECOMMENDATION PC 075-2020
Approval Resolution # PC 075-2020
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Frey AutoS106 W16301 Loomis Road
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RESOLUTION #P.C. 075-2020
APPROVAL OF A THREE MONTH REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY
LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and
Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road
(Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C.
055-2014, and
WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the
approval, and
WHEREAS, Due to repeated non-compliance with the approved site/operation plans, the Plan
Commission required a 6-month (bi-annual) review (per Resolution #PC 006-2020) to ensure the site
was remaining into compliance into the future, and
WHEREAS, Resolution #PC 053-2020 required a three-month review to consider possible
suspension/revocation of the Conditional Use Grant after a failed site inspection occurred prior to
the September Plan Commission meeting, and
WHEREAS, Approved plans permit the following:
Seventy-eight (78) stalls for vehicles for sale,
Ten (10) stalls for sale customer vehicles,
Seven (7) stalls for employees,
Fourteen (14) stalls for customer repair vehicles,
Twelve (12) stalls for loaner cars,
Two (2) stalls for tow trucks/deliveries,
Two (2) enclosed outdoor storage areas,
No vehicles can be used as signage,
Signage and banners displayed on vehicles for sale is prohibited, except for a price
sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law, and
WHEREAS, A site inspection was conducted on November 20, 2020 and there were issues/violations
found on site, and
WHEREAS, The issues/violations were as follows:
• There was unsightly outdoor storage that included junked/wrecked vehicles parked
installs and miscellaneous auto parts set outside.
• A flatbed truck was double parked within a drive aisle, and
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto,
subject to compliance with all Conditional Use Grant conditions of approval and those found herein.
BE IT FURTHER RESOLVED, The Plan Commission is requiring another review of the Conditional
Use Grant conditions of approval in three (3) months at the regularly scheduled annual review to
consider possible suspension/revocation of the Conditional Use Grant, if the site cannot remain in
continuous compliance, where the applicant must provide written assurance to the Plan
Commission that the conditions of approval will be continually met moving forward.
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and 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.
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Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: December 1, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 076-2020
For the meeting of: December 1, 2020
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Valley Green Golf Course
Tax Key No. 2256.994 / W126 S9218 North Cape Road
SE ¼ of Section 24
PETITIONER: Thomas Dahlman
INTRODUCED: December 1, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 076-2020
Valley Green Golf Course is seeking a Building, Site and Operation (BSO) Plan amendment in order to
add a permanent outdoor seating option for their patrons, which will include a patio and gazebo. The
patio and gazebo will be located behind the clubhouse.
CONSISTENCY WITH ADOPTED PLANS 076-2020
Comprehensive Plan:
The 2020 Plan depicts the property as Medium Density Residential use.
This would be a legal non-conforming use where as long as the use remains
active, without any lapses is an allowable use.
Zoning:
The property is zoned RS-3 – Suburban Residence District. With the most
recent Conditional Use Grant recorded in June of 1989 the proposed
amendments are consistent with the code.
STAFF DISCUSSION PC 076-2020
As mentioned above Valley Green golf course along North Cape Road is looking to add a patio and
gazebo to allow for an outdoor seating option immediately outside of clubhouse.
Currently there is no outdoor seating areas on the site. The application states that the outdoor seating
area would be used during these times with the pandemic, but the outdoor seating area and gazebo will
be a permanent structure on site, which is why the proposal is before the Plan Commission.
The gazebo was described by the owner as something comparable to the park shelters in the City. The
structure is proposed as a wood frame open building with an asphalt shingle roof.
There are no other exterior changes to the building or lighting proposed. Overall, staff feels this outdoor
seating area should be a nice addition to this property and allow customers to feel comfortable
patronizing a local business.
STAFF RECOMMENDATION PC 076-2020
Approval of Resolution PC 076-2020
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0 180 360 Feet
Thomas Dahlman, Valley Green Golf CourseW126 S9218 North Cape Road
RESOLUTION #PC 076-2020Supplemental Map
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RESOLUTION #P.C. 076-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
VALLEY GREEN LOCATED IN THE SE ¼ OF SECTION 24
(TAX KEY NO. 2256.994 / W126 S9218 NORTH CAPE ROAD)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Valley Green golf course located at W126 S9218 North Cape Road / Tax Key No. 2256.994,
and
WHEREAS, The petitioner is proposing to add an outdoor seating area consisting of a patio and
gazebo, and
WHEREAS, The outdoor seating area will be located behind the house and clubhouse, and
WHEREAS, The structure is proposed as a wood frame open building with an asphalt shingle
roof, and
WHEREAS, All applicable permits must be applied for separately, and
WHEREAS, There are no other exterior changes to the building, signage or lighting proposed.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and
Operation Plan amendment for Valley Green golf course located at W126 S9218 North Cape
Road / Tax Key No. 2256.994.
BE IT FURTHER RESOLVED, The roof of the gazebo mast match the colors and materials of the
clubhouse.
BE IT FURTHER RESOLVED, Any new/altered exterior lighting 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, Any signage (temporary or permanent) will require further review
for compliance with City sign code regulations and permit approvals.
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 1, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 077-2020
For the meeting of: December 1, 2020
REQUEST: Approval of a Building, Site and Operations Plan Amendment for the Glen at Muskego Lakes
Development
Loomis Road (Vacant) / Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999
NE and SE ¼ of Section 26 and the NW and SW ¼ of Section 25
PETITIONER: John Wahlen, Cornerstone Development
INTRODUCED: December 1, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 077-2020
Cornerstone Development has submitted for a Building, Site, and Operation Plan Amendment to make a
slight modification to the original BSO that was approved via Resolution PC 040-2020 and amended via
Resolution PC 063-2020. The amendment as proposed will expand the three-car garage option to an
additional two buildings matching the four previously approved buildings for Cornerstone Development.
The petitioner is also requesting approval to increase the size of the clubhouse building to better host
social events for the neighborhood.
PLAN CONSISTENCY PC 077-2020
Comprehensive Plan: The 2020 Comprehensive Plan depicts the areas for High Density
Residential and Commercial use. The proposal to change this property
to Medium Density Residential is underway. If the Comprehensive Plan
amendment is approved, the proposal will be consistent with the Plan.
Zoning: The current zoning is a combination of RM-1 Multiple Family Residential
District, B-4 Highway Business District and PD-38 Stonebridge Planned
Development District and the proposal is to change the parcels to
Planned Development District based on the RM-2 Multiple Family
Residential District. If the rezoning request is approved by Common
Council, this proposal will be consistent with the Code.
DISCUSSION PC 063-2020
As mentioned above, Cornerstone is looking to offer a 3-car garage option to two additional buildings
within the future development. In October, Cornerstone Development asked for the three-car option for
buildings 1, 5, 10 and 11. The new request is to add buildings 12 and 13 to the list of buildings that can
be expanded for one three-car garage on either side of the building. Each of these buildings are
identified as the four-family/double-duplex structures. Only one of the units on either side would be
eligible to expand to the three-car garage, thereby limiting the expansion of the structure to only 12’ which
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would be added between the two-car garage doors. On most units the garage doors are facing the
neighboring unit and adding the single garage stall will have very minimal, if any, impacts to the
neighborhood or adjacent neighborhoods.
The second request is to increase the size of the clubhouse that was submitted originally to be
approximately 3,100 square feet in order to better accommodate social events for the neighborhood. All
of the masonry and architectural features of the original submittal will remain for the slightly larger
clubhouse.
All conditions of approval of Resolution PC 040-2020 for the original BSO and Resolution PC 063-2020
remain effective with the addition of the single car garage stall for buildings 12 and 13 and the slightly
larger clubhouse.
STAFF RECOMMENDATION PC 077-2020
Approval of Resolution PC 077-2020
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MUSKEGOthe City of
Area of InterestI05001,000
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Cornerstone DevelopmentLoomis Road
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RESOLUTION #P.C. 077-2020
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR THE
GLEN AT MUSKEGO LAKES DEVELOPMENTLOCATED IN THE NE AND SE ¼ OF SECTION 26 AND
THE NW AND SW ¼ OF SECTION 25 (LOOMIS ROAD) / TAX KEY NOS. 2258.074, 2258.996.001,
2259.970, 2261.978.003 AND 2264.999
WHEREAS, A Building, Site and Operations Plan Amendment was submitted for the Glen at Muskego
Lakes Development located in the NE and SE ¼ of Section 26 and the NW and SW ¼ of Section 25
(Loomis Road / Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999), and
WHEREAS, The original Building, Site and Operation Plan was approved by the Plan Commission via
Resolution PC 040-2020, and
WHEREAS, A BSO amendment was approved via Resolution PC 063-2020 to allow for Cornerstone
Development to offer a three-car garage option to buildings 1, 5, 10 and 11 within the development, and
WHEREAS, The additional buildings where there would be a three-car garage option include buildings 12
and 13, and
WHEREAS, Only one of the units on either side would be eligible to expand to the three-car garage,
thereby limiting the expansion of the structure to only 12’ which would be added between the two-car
garage doors, and
WHEREAS, On most units the garage doors are facing the neighboring unit and adding the single garage
stall will have very minimal, if any, impacts to the neighborhood or adjacent neighborhoods, and
WHEREAS, The increased size of the clubhouse will better accommodate social events for the
neighborhood, and
WHEREAS, All of the masonry and architectural features of the original submittal will remain for the slightly
larger clubhouse, and
WHEREAS, All conditions of approval of Resolution PC 040-2020 for the original BSO and Resolution PC
063-2020 remain effective with the addition of the single car garage stall for several units.
THEREFORE BE IT RESOLVED, That the Plan Commission approves a Building, Site and Operation Plan
Amendment for Cornerstone Development in the NE and SE ¼ of Section 26 and the NW and SW ¼ of
Section 25 (Tax Key Nos. 2258.074, 2258.996.001, 2259.970, 2261.978.003 and 2264.999).
BE IT FURTHER RESOLVED, Buildings 12 and 13 are eligible for a three-car garage option and limited to
one single-stall garage door being added per side of each building.
BE IT FURTHER RESOLVED, The clubhouse will be approximately 3,100 square feet in order to better
accommodate social events for the neighborhood.
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 1, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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