ORD20061235.
PETITIONER WITHDREW REZONING REQUEST WHICH THE
COMMON COUNCIL ACKNOWLEDGED AT THE 8/22/2006 MEETING.
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1235
AN ORDINANCE TO AMEND THE ZONING MAP AND
2010 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(NFl Muskego LLC -1-2 to RS-1, 1-2 to RS-1/0WP, RS-1/0WP to RS-2/0PD/OWP)
THE COMMON COUNCil OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOllOWS:
SECTION 1: The following described property is hereby rezoned from 1-2 to RS-1:
Tax Key Numbers 2230.999, part of 2230.995, & 2229.989
SECTION 2: The following described property is hereby rezoned from 1-2 to RS-
1/0WP:
. Tax Key Numbers 2230.999.001, 2230.999.002, and a small portion of 2229.997
SECTION 3: The following described property is hereby rezoned from RS-1/0WP to
RS-2/0PD/OWP:
Tax Key Numbers 2229.998, a portion of 2229.997, 2229.995, 2229.996, and
2229,995.001
SECTION 4: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 5: The Common Council does hereby amend the 2010 Comprehensive Plan
to reflect a change from landfill and extractive uses to medium density residential uses.
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SECTION 6: This ordinance is in full force and effect from and after passage and
publication subject to approval of the Final Plat, letter of Credit and Developer's
Agreement for the Stagecoach Trail subdivision.
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Ordinance #1235
PASSED AND APPROVED THIS
ATTEST:
Clerk-Treasurer
7/06jmb
DAY OF ,2006
CITY OF MUSKEGO
Charles H. Damaske, Mayor
First Reading: 08/08/06
Published this day of August, 2006
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NFl MUSKEGO LLC
19745 W. GEBHARDT ROAD
BROOKFIELD, WISCONSIN 53045
Phone: (262) 782-1373
Fax: (262) 782-6139
E-Mail icnieb@execpc.com
July 11, 2006
Mr. Jeff Muenkel, Plan Director
City of Muskego
W182 S8200 Racine Avenue
P.O. Box 749
Muskego, WI 53150-0749
Re: Stagecoach Trail; Preliminary Plat;
Rezoning Application
Dear Mr. Muenkel:
We have enclosed the following:
1. Thirty-nine (39) folded copies of Preliminary Plat of Stagecoach Trail.
2. Our check payable to the order of the City of Muskego in the amount of $1,446.00
for the Preliminary Plat fees of $500.00 plus $11.00 per lot (including outlots) for
seventy-nine (79) lots and seven (7) outlots.
3.' Rezoning Application ("Application") for the following parcels:
a) Parcel A. To rezone Parcel A (Lots 21 through 53), the legal description of
which is attached to the Application as Exhibit A, from its present zoning of
RS-1I0WP and 1-2/0WP to RS-2/0PD/OWP; and
b) Parcel B. To rezone Parcel B (Lots I through 20 and 54 through 75), the legal
description of which is attached hereto as Exhibit B, from its present zoning of
I-2/0WP and 1-2 to RS-l/0WP.
c) Parcel C. Parcel C, the legal description of which is attached to the
Application as Exhibit C, is owned by Chris and Stephanie Bartalotto and is
currently zoned RCE/OIP/OWP. No rezoning is requested for Parcel C as its
proposed four (4) Lots conform to the existing zoning.
Mr. JeffMuenkel, Plan Director
July 11, 2006
Page 2
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d) Entire Subdivision. The legal description for the entire Subdivision IS
attached to the Preliminary Plat and to the Application as Exhibit D.
e) Rezoning Map. The rezoning map for the Subdivision is attached to the
Application as Exhibit E.
4. Our check payable to the order of the City of Muskego in the amount of $1,200.00
for the OPD rezoning fee.
5. Our check payable to the order of the City of Muskego in the amount of $15,500.00
representing the developer's deposit for more than fifty-one (51) units ($15,000.00)
and for the Rezoning Application ($500.00).
6. Department of Administration form and fee. The submitted preliminary Plat for .
Stagecoach Trail (the "Subdivision") is slightly different from the Conceptual
Preliminary Plat which received unanimous approval from the Plan Commission on
April 4, 2006. The Conceptual Preliminary Plat contemplated the entire
Subdivision be rezoned to RS-2 OPD. We modified that approach based on
neighborhood meetings scheduled by Alderman Robert Melcher to reduce the
number of Lots from 84 to 75 (for Parcels A and B) and increase the, square footage
of the Lots located within what is identified above as Parcel B to a minimum of
30,000 square feet. This enabled the RezonÍng Application for Parcel B to be
modified from RS-2/0PD to RS-l/0WP.
7. CD of Preliminary Plat.
The Subdivision consists of approximately 146.6 acres and the Developer reserves the
right to develop it in two (2) or more phases. The Subdivision is located at and adjacent to the
closed landfill owned by Waste Management of Wisconsin, Inc. ("WMWI") just north of
Janesville Road and encompasses the area between Hillendale Drive and Crowbar Road. None
of the property to be developed for single family homes was ever part of the closed landfill itself.
The underlying proposed zoning for Parcel A of the Subdivision is the OPD
Development Overlay District, RS-2 Suburban Residence District, which requires the following
minimums and how the proposed Subdivision satisfies or exceeds the same: .
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Mr. Jeff Muenkel, Plan Director
July 11,2006
Page 3
RS-2 Requirement Subdivision
Minimum Area: 20,000 sq. ft. reduced to 90%
per Section 17:6.02(3), or 18,000 sq. ft.
Every lot exceeds 18,000 sq. ft., but
because we are maintaining the average
width at approximately 120 feet for most
of the lots, the Subdivision will actually
appear like an RS-I District. See
discussion below "Lot Size".
Minimum Average Width: 110 feet reduced
to 90% per Section 17:6.02(3), or 100 feet.
Almost every lot has an average width
of 120 feet.
Minimum Set Back: 40 feet. Minimum set back is 40 feet.
One Side Setback: 15 feet. Subdivision requires 20 feet.
All Other Side Setbacks: 20 feet. Subdivision requires 20 feet.
Minimum Residential Floor Area:
1,400 sq. ft.
First floor 1,600 sq. ft.; two story
2,400 sq. ft.
Floor Area Ratio: 25% Greater than 25%.
Minimum Open Space per Dwelling Unit:
15,000 sq. ft.
RS-2 zoning would permit 293 lots
if the closed landfill was included,
or 200 lots excluding the landfill.
Parcel B (Lots 1 through 20 and 54 through 75; 98.040 acres) is to be rezoned RS-l/0WP.
SUBDIVISION FEATURES
1. Lot Size. Because of the nature of this property, there are very few abutting
backyards. The backyards abut green space, so the finished appearance of the
dwelling units will appear to have very deep backyards. Thus, the critical factor in
determining density is the average width of the Lot and not its square footage. For
Parcel A, almost all lots have an average width of 120 feet or more, which is the
zoning requirement for RS-l District, not RS-2 District, which with an OPD could
Mr. Jeff Muenkel, Plan Director
July 11, 2006
Page 4
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be reduced to 100 feet wide. We have also required the Minimal Residential Floor
Area to be 1,600 sq. ft. (the RS-I requirement) rather than the 1,400 sq. ft. RS-2
requirement. We will achieve the functional equivalent ofRS-I District appearance
in the RS-2/0PD/OWP Parcel A area.
2. Trail System and Public Use. Subject to protection against public liability for NFl
and WMWI and the City's agreement to maintain and police the public areas herein
proposed, NFl and WMWI would construct the following improvements for public
use:
a) Trails. Six foot wide off road trails made of wood chips or gravel over weed
retardant as shown on the Preliminary Plat; these trails would (i) parallel
Crowbar Road from the north edge of the property and go all the way to
Janesville Road to connect with the existing Janesville Trail (the "Crowbar .
Trail", (ii) go north from Janesville Road at the east side of the closed landfill
and meander through the Isolated Natural Resource Area northeast of the
closed landfill and exit to Hillendale Drive along the north boundary of the
water station property (the "Hillendale Trail"), (iii) run east and west from
the Hillendale Trail from the Isolated Natural Resource Area to the west end
of and adjacent to the closed landfill (the "North Trail"), (iv) run from the
western edge of the North Trail north and south from the north property line
then along the western edge of the closed landfill to the Trailhead location
(the "West Trail"), (v) run from the Trailhead northerly to the peak of ~he
closed landfill and then northeasterly to connect with the Picnic Trail (the
"High Trail"), and (vi) run between Lots 56 and 57 southerly to connect with
the Hillendale Trail (the "Picnic Trail").
b) Observation Platform. An observation platform would be built at the peak of
the closed landfill consisting of wood flooring approximately 12 feet by 12
feet with park benches on each side.
c) Picnic Areas. Four or five picnic tables would be provided in two separate
locations: (i) near the detention pond on Outlot 4 along the Picnic Trail, and
(ii) at Outlot 5 in the old orchard area at the east end of the property along the
Hillendale Trail.
d) Parking and Trailhead. A small crushed stone driveway and parking area
would be built at the southwest comer of the Subdivision and hitching posts
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Mr. Jeff Muenkel, Plan Director
July 11,2006
Page 5
and a small covered timber shelter with several park benches would be built in
this area to provide a "trailhead" for public access to the pedestrian and
equestrian trails.
3. Wooded Areas and Reforestation. The existing wooded areas are protected as
follows:
a) Isolated Natural Resource Area. Approximately 15.171 acres (Outlot 3)
would be permanently dedicated as a conservancy area.
b) Wooded Areas. The existing wooded areas at Outlots 2 and 8 would be
permanently dedicated as conservancy areas.
c) Wooded Lots. The Deed Restrictions for the Subdivision would restrict the
removal of any healthy southern mesic hardwood tree with a diameter of six
(6) inches at three (3) feet above the surface except within twenty (20) feet of
and in the actual building lines or three (3) feet on either side of the driveway.
All excavated soils on wooded lots would be required to be removed to and
stored on either Outlot 5 or Outlot 8 and no such excavated soils could be cast
off in the areas surrounding the house pad/foundations. A preservation
easement for healthy southern mesic hardwood species six (6) inches in
diameter or more would encumber the rear areas of Lots 74 through 79.
The areas to be reforested with southern mesic hardwood species, two (2)
inches in diameter, are located at Outlots 6, 7" and 8, within the set back area
from the closed landfill, and in the eastern area of the orchard, all as shown on
the Concept Plan.
4. Closed Landfill Area. WMWI will remove the existing fence around the Stone
Ridge Landfill and erect fencing along the northern and eastern boundary of the
Muskego Landfill. All test wells in the closed landfill area would be rebuilt to be
surface mounted inaccessible to the public. WMWI would remain solely
responsible for the maintenance of the closed landfill consistent with the Closure
Plan for the site filed with the Department of Natural Resources.
5. Outlots. There are seven (7) Outlots in the Subdivision as follows:
Mr. JeffMuenkel, Plan Director
July I 1,2006
Page 6
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Outlot Area Use Ownership
I 0.28 acres Gas Easement Homeowners Association
2 0.8265 acres Detention Pond Homeowners Association
3 15.20 acres Woods Dedicated Conservancy
4 2.536 acres Detention Pond Homeowners Association
5 4 I .448 acres Closed Landfill WMWI
6 10.904 acres Detention Pond Homeowners Association
7 4.876 acres Woods Dedicated Conservancy
Perpetual easements would be granted the City of Muskego for the trails, observation
platform, picnic areas, and parking and trailhead area for public use for pedestrian and equestrian . uses. Our affiliate, NFl Properties LLC, developed the Shire Subdivision in the City of
Brookfield which is also adjacent to a closed landfill. WMWI and NFl Properties LLC granted
the City of Brookfield a perpetual easement over the closed landfill for the City of Brookfield's
Greenway Trail system and we were able to work out the public liability, maintenance, and
policing issues for the Greenway Trail grant. In short, this has been done before in our area and
makes good sense for the use of these types of properties.
We trust this narrative adequately describes the proposed Stagecoach Trail Subdivision,
but if you require any further information please contact me. Of course, we will attend the Plan
Commission Meeting and will be available to answer any of the members' questions.
Very truly yours,
~er:~r~ President
Enclosures
cc: ML Jack Dowden (w/Encs.)
Mr. and Mrs. Chris Bartolotta (w/Encs.) .
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CITY OF
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P~NG DEPARTMENT
Jeff Muenkel, AICP
Planning Director
(262) 679-4136
July 26, 2006
Joseph Niebler
NFl Muskego LLC
19745 West Gebhardt Road
Brookfield, WI 53045
RE: Review comments, Stagecoach Trail Preliminary Plat
Dear Joe:
. Enclosed please find the Engineering review comments for the
Preliminary Plat of Stagecoach Trail Subdivision. Please forward this
information to your registered land surveyor for revision and address
the items that have been circled. Also, please address the following
comments directly from the Planning Department:
1. Please provide us with current DNR, EPA, and State approval
letters allowing the proposed residential uses in the locations
shown. Also, please have them note in thè letters if the
recreational uses shown throughout the plat and on the old
landfill are permissible.
2. Please provide information regarding the current state of the
landfill and superfund site (Current monitoring, future
monitoring, etc.).
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3. Please provide all easements on the plat. Easements for all
the proposed trails (Both on the platted boundary area, plus
off-site trails easements will need to be recorded).
Easements for the parking/staging/picnic/platform area?? 5-
foot street tree easements should be found along all streets.
A 3D-foot landscape easement should be found along Crowbar
and Hillendale Drives. Vision corner easements should be
shown on all intersections (30 x 30 at minor intersections and
W182 88200 Racine Avenue · Box 749 · Muskego, Wisconsin 53150-0749 · Fax (262) 679-5614
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60 x 60 at major ones (CrowbarjHillendale). All known utility
easements. Preservation easements over all areas to be
preserved (Our preservation easements require the text
found below as well).
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. Grading and filling shall be prohibited unless specifically authorized by
the municipality in which they are located and, if applicable, the
Waukesha County Parks and Planning Commission, the Wisconsin
Department of Natural Resources and the Army Corp of Engineers.
. The removal of topsoil or other earthen materials shall be prohibited.
. 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 or invasive species, or dead, diseased, or hazardous vegetation at
the discretion of landowner, forester or naturalist, and with the approval
of the City of Muskego.
. Grazing by domesticated animals, i.e., horses, cows, etc, shall be
discouraged to the greatest extent possible.
. The introduction of plant material not indigenous to the existing
environment of the ConservancylW etlandlPrimary Environmental
Corridor Area shall be prohibited.
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. Ponds may be permitted subject to the approval of the municipality in
which they are located and, if applicable, the Waukesha County Park
and Planning Commission, the Wisconsin Department of Natural
Resources and the Army Corps of Engineers.
. Construction of buildings is prohibited.
4. Please deliver a tree survey of all trees that will be affected as
part of the development. The survey should include all trees
6ii caliper and larger and their types, etc. Staff, Planning
Commission, and the Conservation Commission will require
this to adequately make their determinations if certain lots
should be removed due environmental significance. I
anticipate recommendations to remove some lots since the
development goes right through a portion of woodlands. The
tree survey is required as part of the Detailed Site Analysis of
the site.
5. Note: The Conservation Commission will review the plat the
week of August 1st sometime (We will notify you). They will
most likely make recommendations on areas they want
.
. preserved due to their environmental significance. This could
result in lot reconfiguration to meet their preservation
demands. They may defer the item until the tree survey is
done to make adequate decisions. Almost the entire site is
included in the Conservation Plan as a Management Area.
6. Note: We are unsure how the grading will match up if the
smaller parcels on the Hillendale Drive side are developed as
shown. Construction planning may result in elimination of
some of these lots to conform to appropriate grading lines.
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7. We would no new lots coming off of Hillendale or Crowbar.
Please work to eliminate any of these (Lot 39 looks to be
directly off Hillendale).
8. Note: Problems may arise with the proposed RS-2jOPD
zoning. You may extend the lots back into the preservation
areas to accomplish straight RS-1 zoned lots (30,000 square
feet and 120 feet in width) to appease those individuals.
9. Please include any notes regarding the picnic areas and trails
on the plat (Who is to construct, maintain, what they are
made of, etc.). A letter regarding the trails separately may
suffice for our reference as well.
10. 'lJrôvide approval letter from WEPCO for the proposed
development in and around their easement.
11. Provide plan on what is to be done in and around the old
landfill site. What fences are to be knocked down and
reconstructed? If the gas meters are going to be capped?
Anything else that will be done as part of the development.
12. Please change the name of Concord Stage Drive as the
City already has a Concord street. Stage Drive would suffice.
13. As per the Engineering comments, please delineate all
ponds, flowages, and wetlands. DNR concurrence letters
should be delivered approving these delineations and any
navigabilityjhigh water marks.
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14. As per # 24 of the Engineering comments, please deliver
sight distance reports for the intersections of
CrowbarjButterfield Drives (Both of them), HillendalejChisolm
Trail, and HillendalejConcord Stage Drive.
15. Note: I have attached information from our Fire Department .
for a future Training Facility. They would like to discuss with
you either purchasing or leasing an acre or more near the
parking/staging area to construct this training facility (Or if
there is other land Waste Management may have available in
that general location). The facility would benefit the Fire
Department and the City of Muskego improving the expertise
of our Fire Department and providing the City with a better
ISO rating resulting in the reduction of insurance. Please
contact Eddie Schaefer to discuss at (414) 422-0777. If an
agreement can be reached in the platted area, please make
sure appropriate lot lines and/or easements are included on
the plat for this facility.
We ask that you address the concerns in this letter and submit
3 copies of the revised Preliminary Plat for our review. We will
request more copies for Plan Commission and Council
approvals after the items are complete.
Thank you for your time. If you have any questions on these
revisions, please contact me at (262) 679-4136.
Respectfu Ily,
CITY OF MUSKEGO
~~ Jeff Muenkel
PI~nning Director
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c: Sean McMullen P.E., Engineering Director
Plat File
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" . Ruekert.Mielke
1 .'
engineering solutions for a working world
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July 25,2006
Mr. Jeff Muenkel, AICP
Planning Director
City of Muskego
P.O. Box 749
Muskego, YVI 53150-0749
~~(UU~~
ûf JUl 2 6 2000 ~
Re: Stagecoach Trail
Preliminary Plat Review
MUSKEGO PL/\NNING
Dear Mr. Muenkel:
YV e have completed our review of the Preliminary Plat of Stagecoach Trail dated June
22, 2006 received in our office on July 13, 2006 for conformance with Chapter 18 of the City
of Muskego Land Division Ordinance. YVe offer the following comments:
Q) Per City of Muskego Land Division Ordinance 18.31(3)(a)(5): Names and
addresses of the owner and subdivider shall be shown on the Plat. It appears that
several names and addresses should be added to the Plat.
. ø Per City of Muskego Land Division Ordinance 18.31(3)(a)(6): The entire area
contiguous to the proposed Plat owned or controlled by the subdivider shall be
included on the Preliminary Plat even though only a portion of the area is proposed
for immediate development. The Plan Commission may waive this requirement
where it is unnecessary to fulfill the purposes of intent of this chapter and severe
hardship would result form strict application thereof. It is noted that from a review
ofYVaukesha County mapping, it appears that adjacent lands owned by the property
. owners are not included within the Preliminary Plat. r>{l(J( .>~øw ,"f P",.uÜ art. ~r',,-,
d,:"".i.tJ.
(j) Per City of Muskego Land Division Ordinance 18.31 (3)(b )(2): The location of all
existing property boundary lines, structures, the first floor elevations of structures
éL.ïd visible and known wells and wooded areas shall be shown on the Preliminary
Plat within the tract to be subdivided and immediately adjacent thereto, within a
distance of 200'.
G) Per City of Muskego Land Division Ordinance 18.31(3)(b)(4): The locations and
names of any adj acent subdivisions and owners of record of abutting unplatted lands
shall be shown on the Plat.
@ Per City of Muskego Land Division Ordinance 18.31(3)(b)(6): The location, size
and invert elevation of any existing sanitary or stom sewers, culverts and drain
pipes, locations of manholes, catch basins, hydrants, electric and communication
faculties, whether overheard or underground, 1md the location and size of any
existing water and gas mains within the exterior boundaries of the Plat or .
IMuskego City 1392285 Stagecoach Trail Development> 100 Plat and Construction Drawing Review> Correspondencel
Muenkel-20060725-Preliminary Plat Review.doc
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,
" . Ruekert.Mielke
engineering solutions for a working world
Letter To: Mr. JeffMuenkel, AICP
Re: Stagecoach Trail
July 25, 2006
Page 2
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immediately adjacent thereto, based on the National Geodetic Vertical Datum of
1929 shall be shown on the plat. If no sewers or water mains are located on or
immediately adjacent to the tracts, the nearest sewers or water main, which might be
extended to serve the tract, shall be indicated by their direction and distance form
the tract, including size and invert elevations.
@ Per City of Muskego Land Division Ordinance 18.31(3)(b)(8): Existing zoning on
and adjacent to the proposed subdivision shall be shown on the Plat.
([) Per City of Muskego Land Division Ordinance 18.31 (3)(b )(10): The high water
elevation of all wetlands and ponds within the exterior boundaries of the Plat or
located within 100' therefrom referenced to the National Geodetic Vertical Datum of
1929 and so be noted on the face of the docume~t. b,.v~ (l,u,W 1.,.,).. <l. blJ(( C"O..,c....rrtA(..(
{." .j4,(st e(r..li;'(A-il ~J ~(( r~v(rtå 0 J ".,e, If. ~
CD Per City of Muskego Land Division Ordinance 18.31(3)(b)(11): Water elevations of
all wetlands and ponds witlrin the exterior boundaries of the Plat and located within
100' therefrom at the date of the survey, referenced to the National Geodetic
Vertical Datum of 1929 and so be noted on the face of the document.
~ ~ (2) Per City of Muskego Land Division Ordinance 18.31(3)(b)(13): Location and
results of soil boring tests witlrin the exterior boundaries of the Plat made to a depth
of 6', unless bedrock is at a lesser depth. The number of such tests shall be adequate
to portray the character of the soil and the depth of bedrock and groundwater from
the natural undisturbed surface. To accomplish tlris purpose, a minimum of one test
per 3 aces shall be made initially. The Engineering/Building Inspection Director
may require that additional tests be provided. The results of such tests shall be
submitted along with the Preliminary Plat. No test sites are shown on the Plat. No
reports were submitted to our office.
'- @per City of Muskego Land Division Ordinance 18.31 (3)(b )(15): The location, width
and name of all proposed easements shall be showQ on the J?lat.{fr~scr.J...-h'~- , Jkcc.f 'k(1{ I JG1"""r'I
v.~'I, ~ , ~-k. )
@ Per City of Muskego Land Division Ordinance 18.31 (3)(b )(16): The approximate
dimensions of all lots shall be shown. Tlris submittal does not show the dimensions
of several outlots.
/etlv
.
@Per City of Muskego Land Division Ordinance 18.31 (3)(b )(18): The approximate
radii of all curves shall be shown on the Plat. The return radii of the cul-de-sacs are
not provided.
@per City of Muskego Land Division Ordinance 18.31(3)(g): If applicable, existing .
easements shall be shown on the Preliminary Plat. The Wisconsin Electric Power
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. Ruekert.Mielke
engineering solutions for a working world
. Letter To: Mr. JeffMuenkel, AICP
Re: Stagecoach Trail
July 25,2006
Page 3
easement shown on Outlot 5 does not appear to be centered between transmission
towers. The easement location should be reviewed and verified by the developer.
Ær4JPer City of Muskego Land Division Ordinance 18.40(1)(e): Whenever the proposed
LJ subdivision contains or is adjacent to an arterial street or highway, adequate
protection of residential properties, limitation of access and separation of through
and local traffic shall be provided by reversed frontage with screen planting
contained in a non-access reservation along the rear property line or by the use of
frontage streets consistent \vith sub. (2)(a) ofthis section.
.
This ordinance may apply along Crowbar Road for Butterfield Drive and Hillendale
Drive for Concord Stage Drive and Chisolm Trail. 'j!)--
@per City of Muskego Land Division Ordinance 18.40(2)( a): If applicable, when lots
within the proposed subdivision back upon the right-of-way of an existing or
proposed limited access highway, arterial or a railroad, a planting strip at least 30' in
depth shall be provided adjacent to the highway or railroad in addition fı the normal
lot depth. This strip shall be part of the platted lot but shall have the following
restriction lettered on the face of the Plat: "This strip is reserved for the planting of
trees and shrubs and the building of all structures excepting public or private utility
structures hereon is prohibited."
~ (tQ..5-C.t'"' r u)<-.lr\ t
his ordinance may apply along Crowbar Road and Hillendale Drive ", J r 'w'"
01 "....,
C IZ. ( ...01 "''{)
<!9)per City of Muskego Land Division Ordinance 18.40(3)(h): When.a continuous
street center line .reflects at anyone point by more than 100, a circular curve shall be
introduced having a radius of curvature on the center line of not less that the
following:
1. Arterial streets and highways: 500'. Cr.......~ I ~;I1""J. It
2. Collector streets: 300'. ß-~r~'e..I~/c......(.,,,,J.J ()v's:Jl,...
3. Minor streets: 150'. All o~t...)
Radii of curvature are not shown on the Plat at this time.
~per City of Muskego Land Division Ordinance 18.40(4)(b): The number of
intersections along arterial streets shall be held to a minimum wherever practical,
the distance between such intersections shall not be less than 1,200 feet. Proposed
intersections of Hillendale Drive and Crowbar Road appear to violate this
Ordinance.
. @;er City of Muskego Land Division Ordinance I8AO( 4)( c): If applicable, property
lines at intersections with collectors and arterial streets, as identified by the
W233 N2ü80 Ridgeview Parkway · Waukesha, Wisconsin 53188-1020
(262) 542-5733 · Fax: (262)542-5631 · www.ruekert-mielke.com
. Ruekert.Mielke
engineering solutions for a working world
Letter To: Mr. JeffMuenkel, AlCP
Re: Stagecoach Trail
July 25, 2006
Page 4
.
approved street arterial system plan for the City of Muskego, shall be rounded with
a minimum radius of 15' or of a greater radius when required by the City Planning
Commission, or shall be cut off by a straight li2 through the point of tangency of
any arc having a radius of 45'. This ordinance ~apply to the comers of Lots 1,
30, 31, 42 and 75 and Outlots 2, 6 and 7 along Crowbar Road, Hillendale Drive and
WauerLane.
@Per City of Muskego Land Division Ordinance 18.40(4)( d): Minor streets shall not
necessarily continue across arterial or collector streets; but if the centerline of such
minor streets approach the arterial streets from opposite sides within 300' of each
other, measured along the center line of the arterial or collector street, then the
location shall be so adjusted that the alignment across the arterial or collector street
is continuous and a jog is avoided. All adjacent streets to the site should be shown
on the Plat including Tyler Drive.
X Per City of Muskego Land Division Ordinance 18.42(1): Side lot lines shall be at
right angles to straight street lines or radial to curved street lines on which the lots
face. The property line between Lot lILot 4 and Lot 2/Lot 3 may not comply with
this Ordinance.
.
@J>er City of Muskego Land Division Ordinance 18.43(2): Shorelandlwetland and
isolated wetland setbacks, in addition to those required by the City Zoning Code,
may be required by the Plan Commission. It is noted that wetlands are not shown
on Lot 1. S~.... ,,1/ þJt..HflIlJ,f,1/. f'f.f.trf/1(Á 1IJt.f{~,J rtp"+- ~J. ,c..t j)jJR, ('''''''''ctClt
. fe.fler ,j
é)er review of City mapping, it is noted that some of this development area is
included within the boosted water pressure zone. s.~.vJ .,wok: ,A.'I'J7 J.., Uo..{.:....~ 4) fV
11=$""
c3> It is noted that NFl Properties, LLC should be listed under a Corporate Owners
Certificate on the Final Plat.
@ We recommend that the Developer review sigl;lt distance considerations along
.
Crowbar Road and Hillendale Driye. 'Dt..I,'ue.r s.,,,""" J.ls4u... rCpuf,. hI'" ~(I ,'"~Jetf.'.,,J
0/,\ [r",.;bv fMJ.. H"'(c,.,J..If2.
~t is noted that per Waukesha County mapping, several on-site and adjacent off-site
existing ponds are not shown or labeled on the Preliminary Plat. 5~. wJ All 0..J. ,t.I- 'bj\J~
~vì ,,."'; "7 d.eJ..rI..\;.......-I-.~1\ J
.
~ Per review of County mapping, it appears that portions of property included within
the Plat are not owned by the developer. S~p...,J"d o.......v..t,.p "^te
@An approximate wetland line is shown on Lot 1. No reference source date is listed .
on the Plat. n. ~r~ L.."- r~/or"" Gt\J ,~t ~Il (.ø.... c.",rr((l~ le...ff<y
W233 N2080 Ridgeview Parkway · Waukesha, Wisconsin 53188-1020
(262) 542-5733 · Fax: (262) 542-5631 · www.ruekert-mielke.com
.
.
.
. Ruekert.Mielke
engineering solutions for a working world
Letter To: Mr. JeffMuenkel, AICP
Re: Stagecoach Trail
July 25, 2006
Page 5
~Per review of the City mapping, it is noted that some ofthis development area is not
,It- included with\n the Water Capacity Assessment (WCA) district.
fV,)"fC: wí/( I\t~ to ~~ QMtul4l.. Ih~ \If'oÞ",, f=;'"...1 pt",J- 4pII"OVDolJ
@er review of the City mapping, Lots 1 through 4 are outside the Reserv~ Capacity"
Assessment District. ~.)~,' 01(, v-','/f &1. I'J-I\ - r t...., veJ. M v 51- .>~,. t.J .e CA/W r
'/I h ø ..?,,- r,'k d,sl".!..1 Jý//tM Q.'l ~vt fats ,OJ Ifft-IJ.j fltf,IICJ(j. (()~^-ry ";', ft
@.n 8- foot recreation trail is shown on the Plat. Easements for the trail are not 1o}'r
shown on the lots, SAo IN eIfJtMeA.1s ~r ~ II fr../lJ ft.,,.OlAJ ~ blJ+ :'f~;' 5> ~.,.JII.
clY An Isolated Natural Resource Area is shown on the Plat. The line terminates at Lot
54. The line may need to be extended by the developer to more accurately define
the Resource Area. P(QI<5C. d,,>w (.o.ht1.p/"k ú'rer,...
f32:,
It is noted that lot numbers were duplicated for Lots 1-4. The lots must be D
renumbered.
~ Wauer Lane is not included in the Plat. The developer should verify whether all of
Wauer Lane has been officially dedicated. If not, the City may want Wauer Lane
included within the Plat.
@ The intended ownership and maintenance provisions for Outlots 1-7 should be listed
on the Plat.
@ The location map incorrectly identifies the Plat as being in Range 21 East.
The City, in accordance with its Ordinances, may waive any of the City requirements
listed above. We recommend the approval of this Preliminary Plat upon the successful
completion ofthe items listed above.
Very truly yours,
RUEKERTIMIELKE
~;::Jm. ßw.d1
David M. Buechl, P.E., R.L.S.
Proj ect Engineer
DRl1g
cc: Sean McMullen, EngineeringlBuilding Inspection Director
Michael F. Campbell, P.E., RuekertlMielke
Kenneth R. Ward,P.E" RuekertlMielke
File
W233 N2080 Ridgeview Parkway. Waukesha, Wisconsin 53188-1020
(262) 542-5733 · Fax: (262) 542-5631 · www.ruekert-mielke.com
fUl
.
.
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21 06 05: 02p Kurt Bar i kmo (262) 662 -9798 p. 1
RECEIVED
JUl 252006
FAX elT Y UF MUSKEGO
CLERKfTREASURER
,- P!lL,.\(\l (\9 DefC)
P~se ~('CVIO~
úPy T~ c;-ry -ClifJ{
+Or ~ lsín b;)Î}G() .
1fNÞ1/K . y(}~.
Shari Bianchin
EPA RegionS
Remedial Project Manager
July 21, 2006
Re: Muskego Superfund site at
Crowbar Rd. and Wauer Rd. and
Proposed subdivision/recreation area
adjacent to or overlapping same areas.
Dear Ms. Bianchin,
It has come to my attention that there is a public hearing (copy ofnotlce with this fax), scheduled for
August 8th, 2006, to hear public comment concerning a proposed subdivision and recreation area andlor the
necessary rezoning for same, which is adjacent to or overlapping areas under what is likely under your
remedial supervision.
As a concerned citizen that is aware of the dangers presented by improperly lined landfills, illegal dumping
of hazardous material and the unwillingness to do what is necessary to prevent the furtherance of damage I
must call on you to intervene and make the necessary comments so that all parties are aware of the
necessary actions to protect human life from the possible negative effects of this site and improper
development of areas adjacent to iL
I have read the fencing requirements and the wellhead restrictions along with considerable other material
that I found at the Muskego Public Library concerning this site. I have also witnessed the apparent
overzealous nature of the land owner to make the land available for proposed development. It was not too
long ago that the property was part ofa proposal for, a power plant. It remains my opinion that that proposal
for the power plant was ill conceived by the developer in that the layout for the plant appeared to encroach
the landfill site and violated a deed restriction put in place by the prior owner. The developer, Midwest
Power LLC., did produce a document from one of the prior owners releasing the deed restriction in part,
however, if necessarv the affected residents had planed to dispute the altered deed restriction because the
son (one of the owners) signed the documenL but the other owner was deceased. as I recall. There is no
way to determine what the deceased party would have wished knowing of the properties hazardous
conditions and liabilities. Certainly, no one should legally develop property into residential or recreational
use knowing the toxiCity of the fumes or other dangers related to the substances being monitored below the
adjacent or same ar~a. I obiect to any possible development that would disturb any part of the site or any
Dart that may be ne~èssary as an outlay area for possible further remediation or would risk the release of
toxic or flammable fumes into residential or recreational developments. I believe the area in question
would be a candidate for the fore-mentioned because of the current gas remediation and site history.
There is three large natural gas pipelines that cross the area subject for rezoning as well. This area is not in
a contaminated area to my knowledge, however, it is within the fenced area as defined by the order to
contain the site, as I understand it. It is not clear to me how the required inspections of the buried pipelines
would be conducted if the area was developed or would the lots have certain restrictions that prevented
building over the pipelines or planting certain vegetation? Who's jurisdiction does this concern fall under?
Would development of this site alter or complicate the current flow of ground water or storm water when
the site is under construction or completed?
When I had read the volumes of material available at the Muskego Library concerning this site I remember
reading about public health monitoring that was required. Who was or is doing this monitoring? Would
this proposed development skew the data or complicate the required health monitoring?
.' (-:1 3 [,. ] i
.'
Jul 21 06 05:02p Kurt Bar i kmo (262) 662 - 9798
This area at Crowbar Road and Janesville Road is evidence of very poor land management and apparent
neglect by local governments that are all to willing to turn a blind eye. Currently, there is yet another matter
ofa contaminated waste site very nearby and virtually just around the comer. The old Town of Vernon and
Big Bend dump or "Cheny Street landfil1", located just off Janesvi11e Road on Edgewood in the Village of
Big Bend is the subject of another conflict where the Payne & Dolan quarry operations have been allowed
to expand into areas dangerously close to a known contaminated site against the wishes of the local
residents. The protection of ground water is apparently secondary to development in what are not very
thorough or scientific reports presented to justify the development that appears likely to disturb the
contaminated an not yet cleaned up site. One would think that neighboring communities would be
concerned for bodies of water or residential areas located nearby, but that is not the case. For more
information on this contact the Wisconsin DNR, if you can find a fun time employee there that will answer
the phone.
I am convinced it is only a matter oHime before cheap and incomplete studies or reoorts that iustitÿ
development backfire in what I fear will result in serious illness and the possibility ofloss oflife resultinJ!
from hazards or exposures created bv the developments.
As you can see I bave some serious concerns about this development that need to be addressed. Please take
the necessary action to investigate and reply. Thank you for your timely and serious consideration of this
very important matter.
Sincerely,. //...1' ;/ -j- ..,/ l
.
~ '
Qi..-V\Á I\JC~Þ~
Kurt Barikrno
S77 W22180 Eleanor St.
Muskego, WI 53150
(262) 662-9798
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