PCM19920317I
CITY OF MUSKEG0
MINUTES OF MARCH 17, 1992 MEETING
PLAN COMMISSION
PRESENT :
Mayor Wayne G. Salentine, Mr. Edward Raimann, Jerald Hulbert, Ald.
Dave Sanders, Traci Smith and Lawrence Kirch, Director of Planning.
ABSENT:
Darl Honl and Mr. Schmidt.
Chairman Salentine called the meeting to order at 7:OO PM.
MINUTES:
Mr. Hulbert made a motion to approve the Minutes of the March 3,
1992 meeting and Ald. Dave Sanders seconded. Upon a voice vote
the motion to adopt passed unanimously.
OLD BUSINESS:
for Bucky Lowe, W208 58151 Hillendale Drive, NE 1/4 of Section 18.
Resolution #P.C. 34-92 - Approval of land division sketch
DEFERRED TO JUNE 2, 1992 PLAN COMMISSION MEETING.
division (subdivision) at W208 S8285 Hillendale Drive for Larry
Resolution #P.C. 45-92 - Approval of sketch for land
Schmidt.DEFERRED TO JUNE 2, 1992 PLAN COMMISSION MEETING.
NEW BUSINESS:
Resolution #P.C. 48-92 - Approval of revised site plan and
signage for residential home and a sign shop business for Wayne
Hollenstein at 6300 Tess Corners Road. Mr. Raimann moved for
adoption and Mr. Hulbert seconded. Mr. Hollenstein told the
commissioners his former request was for a 24' x 30' shop and now
size. The site plan approved in Resolution #P.C. 26-92 approved
is requesting a 30' x 40', which is an allowable
plan were discussed briefly. A land division would not be
the 24'x30' size. The two driveways shown on the revised site
possible in the future under the present zoning. The signage was
shown on a separate sketch. Upon a roll call vote the motion to
adopt passed unanimously.
Resolution #P.C. 50-92 - Approval of Final Plat for
Settlers Creek Subdivision in the NE 1/4 of Section 11 for Robert
Klenz. Mr. Hulbert moved for adoption and Ald. Sanders seconded.
Mr. Kirch said it is 8'. He referred to Resolution #P.C. 211-91
There was some discussion about the width of the city easement.
(Pre. Plat) which had several conditions. Mr. Hulbert made a
motion to amend the resolution to add Be It Further Resolved, That
seconded. Upon a voice vote the motion to amend the resolution
lots 10 and 11 have paved access to the parklands. Mrs. Smith
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Plan Commission Meeting March 17, 1992
passed unanimously. Upon a roll call vote the motion to adopt the
amended resolution passed unanimously.
Resolution #P.C. 51-92 - Approval for Final Plat for
motion to adopt and Ald. Sanders seconded. Mr. Kirch said the
Creekside Meadows Subdivision (Durham Drive). Mrs. Smith made a
plat had been revised and a pond is to the rear of Lots 2,3,4 and
restrictions for those lot owners. Upon a roll call vote the
5. The maintenance of the pond will be covered in the deed
motion to adopt passed unanimously.
Resolution #P.C. 52-92 - Approval of Extraterritorial
Final Plat for Hidden Harbor Add'n. #1, SW 1/4 of Section 12, Town
of Waterford. Mr. Raimann moved for adoption and Mr. Hulbert
seconded. Mr. Kirch said there aren't any changes from the
original plat submitted. Upon a roll call vote the motion to
adopt passed unanimously.
Extraterritorial Preliminarv Plat for Scenic View Estates. NE 1/4
Resolution #P.C. 53-92 - Approval of Revised
of Section 7, Town of Norwa;. Mr. Hulbert moved for adoption and
Mrs. Smith seconded. No changes were apparent. Upon a roll call
vote the motion to adopt passed unanimously.
~~, ~~ ~. ~
Final Plat for Scenic View Estates, NE 1/4 of Section 7, Town of
Resolution #P.C. 54-92 - Approval of Extraterritorial
Norway. Mrs. Smith moved for adoption and Mr. Raimann seconded.
Upon a roll call vote the motion to adopt passed unanimously.
and store front site plan at Parkland Mall for Russell Beaumont.
Resolution #P.C. 55-92 - Approval of outside tree sales
Mr. Hulbert made a motion to adopt and Mrs. Smith seconded. There
was some discussion about the Parkland Mall site plan on file at
City Hall. Mr. Kirch said the site plan approved in October of
temporary fireworks sales, Christmas tree and wreath sales in the
1971, shows the area designated for parking; there have been
parking lot. The Plan Commission just approved a temporary
greenhouse in the Sentry parking lot. Mr. Hulbert questioned the
approval since True Value had been denied outside sales in the
past. Now they could request temporary outside sales. Mr.
mall for his store front business? He responded only temporary
Beaumont was asked if he intends to be a permanent tenant in the
for now. He asked if everyone had been given a copy of the
petition and letter he had submitted. They had copies in their
packets, plus a picture of the trailer was circulated among the
commissioners. There was some discussion about the code
permitting a trailer on the site. Mr. Raimann felt the original
site plan didn't allow outside sales at all. Yet a precedent has
been set recently allowing temporary outside sales for fireworks,
etc. in doing so. Mr. Kirch went into more detail about the
parking of trailers as per code and the permits required. The
Parkland Mall leasing agent was present and said he had requested
a 24 hour guard be present. This trailer would be an office for
the cash register. After some discussion the applicant offered to
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Plan Commission Meeting March 17, 1992
have a portable 10' x 10' decorative wood shed with a porch and
railings 8' high instead of the trailer. There will be no
fencing. St. Francis Bank, which is located near the proposed
outside sales area, will be on the next agenda for a revised
building, site and operation plan and were informed of this
nursery sales request. They were not opposed.
Mr. Hulbert made a motion to amend the resolution as follows:
. 6th Whereas, delete word "trailer" and add words 10' x 10' new
wood shed"
. add to 1. in Therefore Be It Resolved, after the words
temporary "outside" sales
. add Be It Further Resolved, That this approval is subject to a
statement of no objection from St. Francis Bank in the form of a
letter to be sent to the Planning Director.
. add Be It Further Resolved, That this approval is subject to a
will be removed by June 30, 1992.
review by the Plan Commission after June 30, 1992, and the shed
. add Be It Further Resolved, That the Parkland Mall site is
limited to one outside sales business at any one time.
Ald. Sanders seconded. There was some discussion about having the
owner submit a new Parkland Mall site plan indicating the areas to
be designated for temporary outside sales and restrict them to
only a certain number. Mr. John Henderson, the Parkland Mall
representative, said several of the mall's tenants are remodeling
their present business for more space and better exposure.
Upon a roll call vote the motion to amend passed unanimously.
Upon a roll call vote the motion to adopt the amended resolution
passed by a vote of 4-1 with Mr. Raimann, Mr. Hulbert, Mrs. Smith
and Ald. Sanders voting for the adoption and Mayor Salentine
voting against.
Muskego Land Development from EA to A in the NW 1/4 of Section 28
(Parker Road). Mr. Hulbert made a motion to adopt and Ald.
will be Tuesday, March 24, 1992. Alderman Sanders asked why
Sanders seconded. It was noted the Common Council Public Hearing
rezone. Chairman Salentine said it was never the intention to
restrict the people with EA zoning to 35 acres and the Plan
Commission has a set a precedent of not turning down these
requests. Upon a roll call vote the motion to adopt passed by a
vote of 4-1 with Mayor Salentine, Mr. Raimann, Mr. Hulbert and
Mrs. Smith voting for the adoption and Ald. Sanders voting against.
Resolution #P.C. 56-92 - Approval of rezoning request by
Overlook Bay Apartments off Janesville Road and Racine Avenue.
Resolution #P.C. 51-92 - Approval of temporary sign at
Mr. Hulbert moved for adoption and Mrs. Smith seconded. The
applicant, Mr. Beebe, said they will request a permanent sign in
the future. Upon a roll call vote the motion to adopt passed
"
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Plan Commission Meeting March 17, 1992
unanimously. The Plan Commission added the details of the
construction materials of the sign to the resolution.
Resolution #P.C. 59-92 - Approval of sketch for 4 lot land
Mr. Raimann moved for adoption and Mrs. Smith seconded. The next
division in the SW 1/4 of Section 9 (Valley Drive) by Carl Gratzek.
two resolutions were discussed simultaneously. Mr. Hulbert asked
if Lions Park Drive and Valley would need a name change, plus the
fact that Valley is a 50' roadway. Chairman Salentine responded
asked if a sidewalk could be extended from Willow Pond to this
the city has not made a determination at this time. Mr. Hulbert
property. Mr. Kirch stated that there would be enough Right of
Way to the east side of these lots if additional Right of Way was
obtained. There was some discussion on the cul-de-sac idea and
using the WEPCO Right of Way for a path. Willow Pond may have a
gravel path between the garages. Mr. Gratzek agrees to have curb
and gutter and it is up to the Public Works Committee to approve
this. Mr. Hulbert made a motion to amend the resolution to state:
Be It Further Resolved, That the width of the road dedication be
increased by 5 feet on the south property line of the property.
Ald. Sanders seconded. Upon a voice vote the motion to amend
passed unanimously. Upon a roll call vote the motion to adopt the
amended resolution passed unanimously.
division in the SW 1/4 of Section 9 for Lester Pufall (Pioneer
Resolution #P.C. 60-92 - Approval of sketch for 4 lot land
Drive and Valley Drive). Read by title only. Mr. Raimann moved
for adoption and Mr. Hulbert seconded. There was considerable
discussion about Resolution #P.C. 60-92 and Resolution #P.C. 61-92
The goal would be to provide a sidewalk from Willow Pond to
to conform to lot size. Mr. Hulbert asked about the sidewalks.
Kelly. Ald. Taube, who was present in the audience, thought the
Public Works Committee should be involved in this decision. There
was considerable discussion on the flag-shaped lots and the cost
for sewer and water. Stan Potrykus is doing the sketch and
certified survey mapping and they assume he is figuring the lots
to be running north and south. The Pufalls and Adam certified
survey maps must be drawn with both parties in agreement on how it
is to be done. The next step would be to put them on the Plan
Commission agenda as a certified survey map, go to Council for
approval and then record the survey. Mr. Hulbert made a motion to
width of the road dedication be increased by 5 feet on the north
amend the resolution to state: Be It Further Resolved, That the
property line. Mrs. Smith seconded. Upon a voice vote the motion
to amend passed unanimously. Upon a roll call vote the motion to
adopt the amended resolution passed unanimously.
division in the SW 1/4 of Section 9 for Judith Adam
(Pioneer Drive and Valley Drive). Read by title only. Alderman
discussion covered in Resolution #P.C. 60-92 applies to this
Sanders moved for adoption and Mr. Hulbert seconded. The
state:
resolution. Mr. Hulbert made a motion to amend the resolution to
Resolution #P.C. 61-92 - Approval of sketch for 4 lot land
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Plan Commission Meeting March 17, 1992
- rewrite third Whereas, The proposed land divisions are shown to
have suitable access off of the proposed extension of Lions Park
Drive via two 30' flag shaped lots and will have access to water
and sanitary via the same 30' flag stems.
- rewrite Therefore Be It....That the Plan ....... Section 9 for
two (2) lots with flag access if in conformance with the Land
Division Ordinance. Mrs. Smith seconded. Upon a voice vote the
motion to amend the resolution passed unanimously. Upon a roll
call vote the motion to adopt the amended resolution passed
unanimously.
in the NW 1/4 of Section 26 (Thode Drive) for Joseph Smukowski.
Resolution #P.C. 62-92 - Approval of certified survey map
Mr. Hulbert moved for adoption and Mr. Raimann seconded.
Mr. Smukowski said a mound test was done this morning.
The third Whereas, shall be changed to read:
-...square footage and is 276 feet in width which does not
meet the minimum average lot.....
Mr. Raimann made a motion to amend the resolution as stated above
and Mr. Hulbert seconded. Upon a voice vote the motion to amend
passed unanimously. Upon a roll call vote the motion to adopt the
amended resolution passed unanimously.
Resolution #P.C. 63-92 - Approval of certified survey map
in the NW 1/4 of Section 26 (Thode Drive and Keeley Court) for
Joseph Smukowski. Ald. Sanders moved for adoption and Mrs. Smith
seconded. There was a brief discussion. Upon a roll call vote
the motion to adopt the resolution passed unanimously.
Preliminary Plat for Plum Creek (Woods Road) SW 1/4 of Section 8
Resolution #P.C. 58-92 - Approval of revised sketch for
and SE 1/4 of Section 17. Ald. Sanders moved for adoption and
Mrs. Smith seconded.
Chairman Salentine requested a short break. At 9:45 PM the
meeting resumed.
At this point Chairman Salentine requested the commission take an
Plum Creek.
item from Miscellaneous Business before the long discussion for
MISCELLANEOUS BUSINESS:
Discussion: Auto Sales at Muskego Automotive, S81 W18510 Gemini
Drive. Mr. Kirch gave the commissioners some background on the
request recently proposed to sell automobiles from the current
business operating as a conditional use in the Muskego
Business/Industrial Park at 581 W18510 Gemini Drive. He read
Unclassified uses. There is nothing in the Industrial Park Deed
parts of Section 5 of the Zoning Ordinance relating to
Restrictions that govern particular uses. Ald. Dave Taube, who
was present in the audience, and questioned being able to do
anything in the Industrial Park. Mr. Kirch responded that the
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Plan Commission Meeting March 17, 1992
zoning regulations supercede the deed restrictions for the park.
Ald. Taube asked if there were any covenants? Mr. Kirch said
there were, but only relating to smoke, noise, vibration, etc.
Deed restrictions only cover the site plan not the use. Car sales
are only permitted in B-3 and B-4 zoning districts and the
Industrial Park is 1-1 zoning. The question is whether the auto
sales would require a public hearing for expansion of its existing
Conditional Use or be allowed under the existing conditional use,
or whether auto sales are permitted under the 1-1 zoning. There
was some discussion about this use being compatible in the
Industrial Park. The applicant said he would have between 12 - 20
cars maximum and it would be a small operation related to his
other business. The State of Wisconsin requires a garage repair
request the City Attorney give an opinion on this proposed use and
facility and indoor show room. The commissioners decided to
if he advises it is to be part of the site plan, the applicant
should present a new site plan for review before the Plan
Commission for a low key operation with review and controls (no
outside advertising, no flags, no banners, no painted windows on
the cars, etc.) The alternative would be a Plan Commission Public
Hearing for an expansion of the conditional use grant. Mr. Kirch
will let the applicant know what the City Attorney's opinion is
within one week.
NEW BUSINESS (CONTINUED):
Resolution #P.C. 58-92 - This resolution was already on the
floor for discussion. Chairman Salentine said the Common Council
has given them rezoning and saw the most recent sketch of the
Taube commented that the vote at Tuesday's Council meeting was
subdivision. The Plan Commission must approve the sketch. Ald.
Development had vested rights. There was a short debate on this
split and there were mixed feelings. The City Attorney felt Terra
his newest subdivision layout, as well as his two previous
issue. Mr. Bill Carity of Terra Development was present to show
sketches. Ald. Taube, who was present in the audience, expressed
concern about looking for Industrial Park land to help support the
tax base and the costs involved with building a new water tower
and roads.
At this point Mr. Carity had the floor to present his new sketch.
He went into detail about the number of units and the size of the
lots. He also addressed the concern about the amount of space
left in the present Industrial Park based on research he had
conducted himself. Much of this land is privately held or people
density as per the direction he had previous been given by them.
are speculating. Mr. Carity said he had tried to reduce the
Mr. Raimann felt the 70' and 80' lots are small. Mr. Hulbert
would have preferred to see larger lots and more single family
near the Industrial Park. Mr. Carity responded from a marketing
other. There is buyer resistence. He would like to build a
standpoint it is easier to sell duplex and single facing each
subdivision with quality like Lake Forest and have a nice land
buyers. Mr. Carity felt his new sketch had addressed the concern
plan with deed restrictions and guidelines given to prospective
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Plan Commission Meeting March 17, 1992
of the lots near the Industrial Park, he must take into
consideration the fact there are tractor/trailers 100' away from
the subdivision lots. He offered to change the lot widths to
Chairman Salentine requested they discuss some of the amendments
90'. Ald. Taube commented he still wants more single family.
for the resolution: - #1 in resolution is to remain the same - #2 change the word "reduced" to increased - #3 would remain the same
square feet" to 19,800 square feet
- #4 would change from "17,400
- #5 would change from "13,500 square feet" to 14,000 square feet
Ald. Taube spoke about the pond north of the park and wetland
issue. Mr. Carity responded the park area does "pond" at times.
It was noted that the park area will be maintained as a
neighborhood park by the homeowner's association. Mr. Hulbert
stressed the need to add an amendment to have all lot widths be a
minimum of 90' for the single family lots near the Industrial Park.
There was some discussion on the site plan review for the
8-families. Mr. Carity said he would submit the signage request
Ald. Sanders made a motion to amend the resolution as previously
to identify the subdivision at another meeting.
discussed:
Therefore Be It Resolved, - #1 remain the same - #2 delete the word reduced and insert "increased" - #3 remain the same
- #4 change 17,400 sq. ft. to "19,800 sq. ft." - #5 change 13,500 sq. ft. to "14,000 sq. ft." - #6 remain the same - #7 added to state: "all single family lots on the east side of
the development near the Industrial Park will have a 90' width" - #8 added to state: "all seven (7) of the 8-family buildings will
require the submittal of a site plan to be presented to the Plan
Commission at one time"
Mr. Raimann seconded. Upon a roll call vote the motion to amend
the resolution passed unanimously. Upon a roll call vote the
motion to adopt the amended resolution passed by a vote of 4-1
with Mayor Salentine, Mr. Raimann, Mrs. Smith and Ald. Sanders
voting for the adoption of the resolution and Mr. Hulbert voting
against.
to include volleyball nets for Bushy's Pub, 567 W14831 Janesville
Resolution #P.C. 49-92 - Approval of a revised site plan
Road. Mr. Hulbekt moved for adoption and Mrs. Smith seconded.
The church had sent a letter stating they were not opposed to this
use. Ald. Sanders was concerned about the available parking spaces
Commission at the last meeting had decided against a public
and whether you count the tavern parking spaces. The Plan
hearing for an expansion of the Conditional Use for the volleyball
at the end of the 1992 season and will check with the Police
nets. The Plan Commission will review if the parking is a concern
Department for complaints. The applicant will have to come back
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Plan Commission Meeting March 17, 1992
to the Plan Commission prior to the 1993 season. Upon a roll
vote the motion to adopt passed unanimously.
MISCELLANEOUS BUSINESS:
Discussion: Comprehensive Plan--Chairman Salentine requested
discussion and may request Cheryl to type these for them, if
the members concentrate on having a prepared list of concerns
needed. The Common Council is invited to participate.
call
for
Discussion: Bay Breeze-Amendment to site plan, subdivider's
agreement--tennis courts. Mr. Kirch said he had requested a new
had consented to submitting a revised site plan within the next
site plan at a recent Plan Commission meeting and the developer
vacation of Karah Court, etc. JC Development had said the
five (5) weeks to depict all the certified survey maps and
members felt this should be "open space" and JC Development should
homeowners had decided against having tennis courts. Several
wait to get the consensus from all homeowners involved once all
the units are sold. The Plan Commission determined that a Public
Hearing would not be necessary to amend the site plan to eliminate
the tennis courts. The Plan Commission recommended that the
Subdivider's Agreement be amended to change the date from 1992 to
1993 requiring the construction of the tennis courts
to give the developers another year before the placement of the
tennis courts would be necessary. The Plan Commission did not
rule out the elimination of the tennis courts if all the residents 0 were not in favor of having the tennis courts.
Discussion: Mr. Kirch informed the members of a change in the
zoning request form to provide net acreage for new requests.
Adjournment:
Mr. Hulbert made a motion to adjourn at 12:OO midnight and Mrs.
Smith seconded. Upon a voice vote the motion to adjourn passed
unanimously.
Respectfully submitted,
Recokding Secretary
cds