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PCM19690508CITY PLAN COMMISSION CITY OF MUSKEG0 MINUTES OF MEETING HELD MAY 8, 1969 CITY HALL Ald. Narlock called the meeting to order in the absence of Mayor Wieselmann.at 8:09 P. M. PRESENT: Alderman Narlock, Secretary, Alvin Basse, Charles Buehler, City Engineer Joseph Kelsenberg, Ed Raimann and Mrs. Jean Sanders. Building Inspector Lee and Plan Consultant Russell Knetzger were also present. Mayor Wieselmann arrived at 9:15 P. M. MINUTES: City Engineer Kelsenberg moved to approve the minutes of the previous meeting of April 15, 1969. Mr. Buehler seconded the motion. Page 3 under heading of Harold Swanto to read: "hlrs. Sanders Mrs. Sanders amended the minutes of the previous meeting on moved to approve this request for expansion of conditional use subject to the previous conditions that the retaining wall be maintained and that the garbage cans be screened or that they be moved to a different location." Mr. Raimann seconded the motion and the motion carried. The motion carried to approve the minutes as amended. \ l e """"" PERSONAL APPEARANCES MARV DIEL - MRS. EVERETT DREWS - Mr. & Mrs. Diel and Mrs. Everett Drews appeared seeking approval of a 6.25 acre parcel divided from the Everett Drews property in the NE$ of Sec. 18 ding permit cannot be issued as yet as the original land division on which Mr. Diel desires to construct a home and on which a buil- was not processed through the Plan Commission. problem to the city engineer to determine best possible road At the previous meeting the Commission had referred this approval of the sketch submitted for this division, said road locations on the remainder of the Drews property prior to giving to ultimately connect with that road proposed through the Washa, Ksobiech, and Halbrucker properties to the south. most northerly access road proposed by Planner Knetzger in his sketch submitted April 15th to the south to allow the platting of lots on each side of this proposed road on the Drews property Diels. thus eliminating the expense of the road construction for the Because of the length of time that this division has been pending before the Commission, it was the Commission's decision to grant the land division prior to receipt of the certified survey map and the following motion resulted: Mrs. Sanders moved to approve the sketch for this proposed division received by the Commission Feb. 18th and to approve the certified survey map subject to the extension of Pasadena Drive, approval by the city engineer and satisfactory percolation tests. Mr. Buehler seconded the motion and the motion carried. which had been taken in February. He advised that D. M. Realty Mr. Diel submitted percolation tests indicating 60-40-40 had percolation tests which had been taken in October, same to be submitted to City Engineer Kelsenberg for approval. City Engineer Kelsenberg submitted a sketch which shifted the Page 2 - Plan Commission May 8, 1969 LEONARD MUSIALOWSI<I - Mrs. Musialowski, S66 Vi18527 Jewel Crest Drive. auoeared seeking approval of a 4' cyclone fence, a portion of hhich will be located'in the base setback area. It was determined by the Commission that the location of this fence will not create snow plowing problems. will remove the fence at their expense in the event it becomes condition that the Musialowskis submit an agreement that they necessary for the improvement of the road. Mr. Buehler seconded the motion and the motion carried. Mr. Raimann moved to approve this fence subject to the ERROL HOHMANN Pr RICHARD GRIFFITH - Mr. Hohmann, manager of the Brookfield National Bank and Architect Richard Griffith ~~ ~~ appeared and submitted building, site and operational plans for for the southeast corner of Lannon Dr. & Janesville Rd. the permanent facility for Brookfield National Bank proposed by Architect Griffith May 5, 1969. The Commission reviewed the plans Which had been prepared Drive to the bank was not the required 120' from Highway 24 and It was noted by the Commission that the access from Lannon the following motion resulted: Mrs. Sanders moved to approve the building, site and opera- from the centerline of Highway 24, submittal of plans indicating tional plans subject to the access from Lannon Drive being 120' the revision and submission of plans for landscaping. Mr. Basse seconded the motion and the motion carried. ~~ GERAIO KOFILQFF - Mr. Kohloff, W194 S7031 Racine Ave., appeared seeking approval to construct a ranch-type, 5' high, painted fence, a portion of which will be located within the base setback area. an agreement to the affect that he will remove at his expense any It was noted by the Commission that Mr. Kohloff had submitted portion of the fence in the setback area if it becomes necessary for the improvement of Racine Ave. Mrs. Sanders moved to approve thisjrequest for a fence as submitted. Mr. Raimann seconded the motion and the motion carried. Building Inspector Lee questioned that portion of the zoning ordinance which requires Plan Commission approval if the fence is constructed in the setback area. It was the Commission's decision to give thought to this portion of the ordinance. JOHN LOUGHNEY & RAYMOND MANEY - Mr. Maney and Mr. Louehney division of the 40 acre Maney property in the SWk of Sec. 30, appeared and submitted a sketch of a proposed 120,000 sq. ft. A-District, on which Mr. Loughney desires to construct a home. runs the length of the proposed division along the north lot line. It was the Commission's opinion that Mr. Loughney be ad- vised to locate his house in such a manner that a future division of this parcel could be created in the event this area is sewered. and that the Commission will be receptive to a preliminary plat and certified survey map. Mr. Basse seconded the motion and the motion carried. Mr. Maney authorized the city to determine soil conditions. It was noted by the Commission that a 50' electric easement Mr. Buehler moved to approve the sketch for this division Page 3 - Plan Commission May 8, 1969 RAY & BElTY WOJTCZAK - Mr. & Mrs. Wojtczak, S79 W18841 Janes- ville Road, appeared seeking approval to replace an existing sign advertising Betty's Beauty Bar with an illuminated 48' x 18" sign. Raimann seconded the motion and the motion carried. Mrs. Sandersmoved to approve the sign as submitted. Mr. Ald. Narlock relinquished the chair to Mayor Wieselmann at 9:lS P. M. ALMA BAAS PROPERTY - A division of the Alma Baas property on the west side of Mystic Drive has been pending before the Plan Commission as the proposed division falls within a potential, mission met jointly with the Common Council and the school board future, school site on the city's comprehensive plan. The Com- April 30th to discuss whether or not the school board is interested in acquirine this site. The following communication dated May 8, 1969, from Supt. R. J. Kreuser was read by the Recording Secretary: "Gentlemen : The request made at the joint meeting of the School Board and the Plan Commission held on Wednesday, April 30th, regarding the School Board's possible interest in reserving a portion of the Alma Baas property, was discussed at our regular meeting on May 5th. for utilizing the land in question as a school site in the fore- It is the Board's decision that they cannot see any necessity seeable future. Therefore, the Board does not feel that it should take any action at this time to restrict the usage of the land. /s/ R. J. Kreuser" Very truly yours, the Commission that he is convinced that there will be a need for Planner Knetzger reviewed a school site plan map and advised X an elementary school within walking dist ance of the corner of Woods Road and Mystic Dr. in the future. He stated that even though there might not be a residential development and the need for a school for 30 years, the site should be reserved. Reporter Vi Joy advised the Commission that she had attended the school board meeting and thet it was their decision that because they were not entirely sure of this location for a school site, they did not feel they should deprive a man the right to build on his property, that it is their intention to request a citizen's committee to study the sites on the general plan and to compile a list of the sites they desire. Planner Knetzger pointed out that the city or school board would only have to get an option on the in question under the terms of Sec. VI11 of the Subdivision Control Ord. He recommended that the City Attorney be requested to determine. the legality of "freezing" the lot under the official map law, law as opposed to the Subdivision Control Ordinance, Sec. VIII, to submit a comparative opinion on the use of the official map official map law. as well as to determine how long the lot can be held under the Page 4 - Plan Commission May 8, 1969 Attorney concerning the two methods - official map law and the Mr. Basse moved to request an opinion from the City city's ordinance - and to request the selling price of the lot in question. Ald. Narlock seconded the motion and the motion carried. FRANCIS HENNEBERRY - The Commission reviewed a certified survey map for a 1.668 acre parcel of the Francis Henneberry pro- perty on Woods Rd., in Sec. 17. It was noted by the Commission that the sketch had been amroved for this division at their meeting April 2, 1969. an 80' road and that the dedication for Woods Rd. on the Certi- Bldg. Insp. Lee pointed out that Woods Road is proposed as .. fied survey map should be 40' instead of 33' as shown. Mrs. Sanders moved to approve the certified survey map subject to a 40' road dedication and subject to the city engi- neer's approval. Mr. Buehler seconded the motion and the motion carried. ACCENT BUILDERS - The Commission reviewed again the proposal to construct a home with provisions for a mother-in-law in a residential area. be interpreted to include this home in a residential area as it actually must be considered a two family dwelling even though the living units have a common wall. moved that the city engineer, plan consultant, and building Mr. Buehler pointed out the need for this type of home and inspector review the ordinance and make a recommendation to the Plan Commission within a month as to what amendments to the ordinance can be made to allow a home with these unique provisions in a residential area. City Engineer Kelsenberg seconded the motion and the motion carried. Planner Knetzger advised that the zoning ordinance cannot request for renewal of their extractive permit which expires June 19, 1969. It was noted by the Commission that the bond renewal in the amount of $25,000 has been received. and on-site inspection of the operation and report back to the Commission at the next meeting as to grades, slopes, etc., and that a letter be directed to the county requesting whether or not the pit will be ceasing operation as a result of the road coming Highway "Y" through and the grades established between Tans Dr. and the new . Ald. Narlock seconded the motion and the motion carried. Mayor Wieselmann declared recess at 10:15 P. M. and the meeting resumed at 10:23 P. M. GRAVEL, INC. - The Common Council had referred Gravel, Inc.'s Mr. Buehler moved that the city engineer make a study, review, and d'iscussed his request for rezoning approximately 1.75 acres of RS-2 to RSM for the purpose of constructing five, 3 family apart- the former Lorrete Millard property, Racine Ave., Sec. 16, from ment houses. DAVE BEIERLX - Mr. Beierle, S77 W18300 Janesville Rd., appeared Page 5 - Plan Commission May 8, 1969 tion that the soils are satisfactory for multiple family dwellings, that the area will be serviced by public sewer, that according to Mr. Beierle the houses will be situated in such a manner that all can use the single access to the property and that the plan consultant has indicated this area as a potential RSM District on the comprehensive plan revision study. motion carried. the rezoning be approved. Mr. Basse seconded the motion and the The Commission reviewed the proposal taking into considera- Ald. Narlock moved to recommend to the Common Council that """"_ PLANNER'S REPORTS CHECKERCVAY CtIARTER COACH CO. - As concerns Checkerway's request to construct a new building at their present location at the corner of Hillendale Dr. and Janesville Rd., the following communication dated April 25, 1969, directed to Mr. Earl D. Jarmol from Plan Consultant Knetzger was reviewed by the Plan Consultant and discussed by the Commission: "Dear Mr. Jarmol: nossible zoning problems related to construction of a new bus ser- vice building for the above company on their present site at STH 24 and Hillendale Road. You further ask what assistance we could offer to expedite planning consultants to the City of Muskego Plan Commission. resolution of the zoning problem, since our firm is retained as The zoning problem is that the present use is only being areas had started to develop when Checkerway first required space permitted as a conditional use. None of Muskego's industrial zoned perty and an adjacent small garage building on STH 24. in the City, therefore, they wzre granted use of the school pro- that the school bus terminal be placed in one of the City's indus- trial areas. We have further recommended that the City or the Board of Education purchase the land, erect the service building, and install proper fence and landscape screening of the outside bus storage area as a way of obtaining a proper development. The site would then be leased to the successful bidder on the bus Commission, August 15, 1967). contract with the school system. (See minutes of Muskego Plan construction, just south of ST11 24. Sewer service is available, The city has obtained some land on the new CTH "Y" now under and industrial zoning is in process. The city garage will be one of the first tenants of this industrial area. and school officials as a way of bringing it to their attention I am sending copies of this reply to you to the various city for discussion. We are in receipt of your letter of April 29, 1969, questioning However, as a permanent situation, we have strongly recommended Sincerely, /s/ Russell Knetzger" Action was not taken. Page 6 - Plan Commission May 8, 1969 INDUSTRIAL PARK - The following communication dated May 4th, 1969, directed to the mayor, industrial committee, Common Council and Plan Commission was read by the Recording Secretary: "Gentlemen: jointly establishing Muskego's Industrial Park on lands which we presently have available for such use described as follows: known as the Rose-Pohlmann-Loomis farm. as the Harold DeBack farm. All of the above land would be available for industrial use (Zoning 1-1) except such lands in parcel 1 to be used as buffer zones: (1) lands abutting and west of Racine Ave. (Highway Y) extending back 400 feet which would be Commercial Use. (Zoning B-2) (2) lands abutting and north of Woods Road back and parallel to the north property line of the land to the west known as the D. Boldt farm, which would be zoned for multiple use. The following is our proposal to the City of Muskego for Parcel 1: (Legal description omitted)....100 acres also Parcel 2: (Legal description omitted) .... 80 acres also known The above parcels 1 and 2 consist of 180 acres more or less. would be our intent to do all planning in conjunction with the Council and Mayor Donald Wieselmann. Industrial Committee, City Planner, Plan Commission, Muskego City Xealty, Inc., who in turn would request all licensed real estate brokers in the State of lllisconsin to participate on a co-broke basis. Milwaukee and Waukesha Multiple Listing Service would be requested to extend their services to further facilitate the industrial lot sales. Commerce work together with us and the City of Muskego in the It is further our desire to have the Muskego Chamber of s2les promotion campaign to attract the much needed Industry. cipation in the project of establishing the Muskego Industrial Park, and making it a reality, install the roads, sewers and water system. The cost of these improvements would he paid by us on current Muskego Sewer Projects. Such improvements would be in- a 10 year assessment policy, similar to that established for the stalled at this date only on that area to be immediately developed, such as a 40 acre tract. Extension of these services would be made as needed by the growth of the industrial park. accomplishment in the City of Muskego. In addition to providing the land for the use described, it All sales and promotion would be handled by Greater Milwaukee We request that the City of Muskego, as part of their parti- Please extend to us your cooperation in making this a major Yours truly, /s/ Raymond R. l~!Jallner" date May 9th, 1969, concerning industrial rezoning along CTH "Y": "Gentlemen: your inquiry on agricultural holdine zoning, and the Raymond R. !l!allner petition for industrial zonlng of the Pohlmann-Loomis, and Nieman DeBack farms, the chairman has requested us to formulate a specific industrial zoning recommendation for your immediate Plan Consultant Knetzger then reviewed the following report In view of the recently received City Attorneyfs opinion to Page 7 - Plan Commission May 8, 1969 consideration. Background development was introduced in Muskego in 1963, after a comprehensive Industrial zoning as abasis for attracting new industrial land use study. The comprehensive plan recommended 875 acres for such eventual use. Present zoning covers 1345 acres, including the 55 acres in Section 1 added last year. and transportation plan that anticipates Muskego's growth from 10,000 persons in 1963 to 33,000 persons in 1990. Muskego's industrial growth is projected by the regional planners to grow from virtually nothing in 1963 to 66 acres of such use by 1990. by the City Plan Commission in 1966 and presented in February An industrial development re-evaluation study was requested 1967. I suggested keeping the industrial zoning in Sections 3 and any industrial development in the near future on the US11 45 site 11, and reducing the amount on McShane Road. The possibility of wasdiscounted. Site development costs if the city participated were enumerated, and totaled $7,700 per acre without financing The regional planning commission in 1966 adopted a land use and other fees. In October of 196s some extensive revisions to the City's comprehensive plan were recommended. They included further re- duction of the industrial zoning on McShane Road and US14 45, elimination of that zoning in Section 1, and suggested new areas Ave. at new "Y" and along new "Y" on either side of STH 24. for such zoning not previously considered. These were College Acreages in each area were shown as follows: Acres 200 Area ProDosed Bv-Pass Freeway and STH 24 - 140* USH'45 and' Loomis Road ' 70 CTH Y north of STH 24 40 50 CTH Y south of STH 24 20"" Proposed By-Pass Freeway and N 124th extended 520 College Avenue and CTH Y *Plus optional 60 acres south to Union Church Road **In Muskego. Additional 20 acres in New Berlin. The area of initial development would be along CTH Y on either side of STH 24, since sewer is available, and the new Y construc- tion will provide an all-weather connection to the Rock Freeway near College Avenue by fall-of this year. stages along new CTH Y as follows: 20 acres north of STH 24 (Schaefer and Scholbe farms); 70 acres south of STH 24 (Scholbe and Foth properties); 25 acres southwest of the Civic Center to the creek and parkway road proposed (Pohlmann-Loomis property); a total of 115 acres. Possible second stages included: 55 acres north of STH 24 west of the first stage on Y to the County Park (Schaefer and Scholbe farms); and 25 acres along Y south of the creek to Woods Road (E. Neimann and M. Muehl properties); another 80 acres. stage (Pohlmann-Loomis, Scholbe and M. Niemann--now DeBack-- A third stage was shown as 80 acres west of the CTH Y first properties). It would be connected to CTH Y and STH 24 by an The Plan Commission directed our firm to sketch possible Page 8 - Plan Commission May 8, 1969 industrial parkway road running along the Pohlmann creek, and then up to the Waukesha County Park. As an additional part of this third stage, or a small fourth stage, 25 acres south of the creek to Woods Road was shown on the balance of the E. Niemann and M. Muehl properties. Cumulative acreage through this possible fourth stage totaled 300 acres. Another possible area, cailed a fifth stage,-was identified as a 45 acre portion of the Niemann-DeBack and Scholbe properties which would lie southeast of the park. In conjunction with this ficth stage another section of 25 acres south of the creek to Woods Road could be included (Crusius and Boldt properties). The sketch plans did not go beyond the 370 acres enumerated for commercial use were 6, 7.5 and 2 acre parcels on either side above in these five stages. The only lands specifically reserved of STH 24 at new "Y". tural zoning for the lands involved in the second through fifth We suggested that the City Attorney be asked about agricul- phases. The purposes of such zoning would be to keep the land out of any form of development for the next 5 to 10 years. At that time a fresh evaluation could then be made of its potential. In sibilities under both residential and industrial use, so that the the meantime, the City Plan could show alternate development pos- land is not left completely adrift of its ultimate potential and relationship to surrounding lands. zoning is feasible if in fact the land is so being used. Where resi- dential development already exists he recommended residential zoning be kept. 'rle warned of over-zoning land in the industrial district. I-kconcluded that our suggestion of interim agriculture zoning with alternate plans for eventual use seems legally defensible. Recommendation sively reviewed above, we recommend that Section 8.15, 1-1 Industrial Zoning, be placed along the west side of the new CTH Y in accordance with the first phase areas enumerated above. be about 1000 feet deep from the centerline of CTH Y and would Approximately 115 acres would be involved. The area would extend 5,400 feet along CTH Y. About 1300 feet of commercial use abutting ;STH 24 would be included in the 5,400 foot distance. Four access points to new Y would have t3 be arranged with the county. The first would be where old and new Y join at the civic center. The second and third would be 1000 feet and 2000 feet, respectively, to the north. The fourth industiral access would be 600 feet north of STH 24. If sewers are placed deep enough in the new CTH Y right- of-way, all of the land would be serviceable by fall. About 24 Larger sites of 10 acres to four 25 acre sites could be assembled sites would be created, ranging in size from 1.5 to 4 acres. from the smaller parcels. side of new CTH Y. §out11 of ST13 24, we recommend 8-3 zoning west 2. We further recommend B-2 zoning north of STI-1 24 on either of Y and RSl4 east of Y. On April 29th the City Attorney replied that agricultural 1. In view of the foregoing factors, which have been exten- 3. We further recommend that the Plan Commission adopt as Page 9 - Plan Commission May 8, 1969 "alternate neighborhood development plans" the series of up to five stages of industrial development summarized on the sketches we previously prepared. Engineering considerations for sewer, water, and road systems should reflect both the residential and industrial potential of the land. be placed on the second through fifth phase industrial development areas. 4. We finally recommend that agricultural zoning (Section 8.19) Respectfully submitted, NELSON & ASSOCIATES, INC." the Niemann & hluehl properties to the south of stage 1 industrial area, these properties to be zoned agricul~ure for future industrial development, and she requested that these properties not be zoned agriculture. can attract industry, that the civic center will need water and proposal, that the proposal is based on confidence that the city that the water facility could be localized for the use of both, that the location he has proposed has been met with interest by industries who would like to locate in Muskego. Planner Knetzger stressed the prohibitive cost which might be involved for the development of an industrial park for a private developer in competition with government owned industrial parks. 40 acres if the planner preferred) parcel to be zoned to industrial as the first stage for development of his property. matter in abeyance until the next meeting and to request the city ensineer to determine an estimate cost of installation of sewers and water and estimate of road construction in this proposed park to determine how much money the city would have to invest on the improvements. Mrs. Sanders seconded the motion and the motion carried. CITY ENGINEER ' S XEPOXTS Mrs. Ellie Peterson, realtor, advised that she is representing Mr. Wallner advised that his letter to the city is just a Mr. Uallner submitted a sketch proposing a 31+ acre (or After considerable discussion, Mr. Buehler moved to hold this """""" turn arounds for Simandl Drive and Hi-Y Drive in Hi "Y" Ranches City Engineer Kelsenberg reported on the design of the Subdivision. Planner Ihetzger expressed concern at the narrow width for the proposed turn-a-rounds in view of the fact that the city requires 120' for a cul-de-sac. ADJOURNMEXT - Mrs. Sanders moved for adjournment, Ald. Narlock seconded the motion and the meeting adjourned at 11:55 P. M. b js 5-13-69 Respectfuxly submitted, /- Barbara J. Sands Recording Secretary Mau IG, 1969 T9: Mayor Weiselman RE: Membership of Plan Commission Dear Mayor: You have asked whether or not the membership of the City Plan Commission may be increased due to a recent appointment of a City Enqlneer. There are two methods by which the membership of a City Plan Commission may be provided for. One is by Section 62.23(1) Statutes. Under this section the Mayor, City Engineer, President of the Park Board and Aldermen and 3 citizen members constitute the Plan Commission. If there is no Engineer or Park Hoard President, then alternate citizen members are appointed so that the minimum membership at all times consists of 7 persons. Under the Statute, once an Engineer is appointed or a Park Board President, they ordinarily become members of the Plan Commission a+. the expiration of the term of an alternate citizen member; the alternate members being elected for one year terms. The second method is by ordinance. Section 62.23(1) provides that the Council may by ordinance provide that the membership of the Commission shall be as provided thereunder. The City has chJsen the ordinance method. Section 1.05(2) of the Municipal Code provides for the Plan Commission membership as follows: Mayor, City Highwav Superintendent, President of Park Board, Aldermen and 3 citizen members. Since the City has provided by crdinance for the membership of the Plan Commission, it is not bound by the provision of 62.23 above quoted. There is nothing, however, t.o prevent the Common Council from amending the ordinance tu provide fur a greater n~rmber of members on the Plan Commission than 7. It is my opinion, however, that the membership of the Plan Commission may not be reduced below the number of 7. With respect to the matter of the City Engineer, the Council may amend the ordinance and provide that he be a member of the Plan Commission. If the Council wishes to amend the ordhnce and pro- vide that one of the existing members of the Plan Commission should not be a member, then the ordinance would be effective at the end uf the term of the Commissioner affected. Remctfully submitted, JPB: r je f