Plan Commission 050421packetCITY OF MUSKEGO
PLAN COMMISSION AGENDA
05/04/2021
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 from the April 7, 2021 meeting.
Plan Commission Minutes 04072021.pdf
CONSENT BUSINESS
RESOLUTION PC 025-2021 Approval of a Metal Roof Accessory Structure for Tonia Butkovic
located at S70 W16670 Hedgewood Drive / Tax Key No. 2171.116.
PC 025-2021 SUPPLEMENT.pdf
PC 025-2021 MAP.pdf
PC 025-2021 RESOLUTION.pdf
PC 025-2021 SUBMITTAL.pdf
RESOLUTION PC 026-2021 Approval of a Two-Lot Certified Survey Map for Richard Knudsen II
located at W192 S6647 Hillendale Drive / Tax Key No. 2177.933.
PC 026-2021 SUPPLEMENT.pdf
PC 026-2021 MAP.pdf
PC 026-2021 RESOLUTION.pdf
PC 026-2021 SUBMITTAL.pdf
RESOLUTION PC 029-2021 Approval of a Second Accessory Structure located at W138 S7119
Sherwood Circle / Tax Key No. 2206.998.017.
PC 029-2021 SUPPLEMENT.pdf
PC 029-2021 MAP.pdf
PC 029-2021 RESOLUTION.pdf
PC 029-2021 SUBMITTAL.pdf
RESOLUTION PC 030-2021 Approval of a Metal Roof Accessory Structure for the Mattson
residents located at W191 S7436 Richdorf Drive / Tax Key No. 2189.146.
PC 030-2021 SUPPLEMENT.pdf
PC 030-2021 MAP.pdf
PC 030-2021 RESOLUTION.pdf
PC 030-2021 SUBMITTAL.pdf
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NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 023-2021 Recommendation to Common Council to Rezone a property from RC-
2 Rural Country Estate to PD Planned Development for Kaerek Homes, Inc. located at Priegel
Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997.
PC 023-2021 SUPPLEMENT.pdf
PC 023-2021 MAP.pdf
PC 023-2021 RESOLUTION.pdf
PC 023-2021 SUBMITTAL.pdf
RESOLUTION PC 024-2021 Approval of a Preliminary Plat for the Mallard Pointe Subdivision
located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997.
PC 024-2021 SUPPLEMENT.pdf
PC 024-2021 MAP.pdf
PC 024-2021 RESOLUTION.pdf
PC 024-2021 SUBMITTAL.pdf
RESOLUTION PC 027-2021 Approval of a Building, Site and Operation Plan Amendment for
Jennifer Halverson of Tail Spin Bar & Grill located at S64 W18295 Martin Drive / Tax Key No.
2174.189.
PC 027-2021 SUPPLEMENT.pdf
PC 027-2021 MAP.pdf
PC 027-2021 RESOLUTION.pdf
PC 027-2021 SUBMITTAL.pdf
RESOLUTION PC 028-2021 Approval of a Building, Site and Operation Plan Amendment for
Andrew Jacobsen of Lucky's at the Lodge located at S74 W17096 Janesville Road / Tax Key No.
2198.984.013.
PC 028-2021 SUPPLEMENT.pdf
PC 028-2021 MAP.pdf
PC 028-2021 RESOLUTION.pdf
PC 028-2021 SUBMITTAL.pdf
RESOLUTION PC 031-2021 Approval of a Building, Site and Operation Plan Amendment for Pop's
MarketPlace located at S70 W16050 Janesville Road / Tax Key No. 2172.999.
PC 031-2021 SUPPLEMENT.pdf
PC 031-2021 MAP.pdf
PC 031-2021 RESOLUTION.pdf
PC 031-2021 SUBMITTAL.pdf
MISCELLANEOUS BUSINESS
Discussion of material usage and quantity of accessory structures on residential property.
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.
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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 CITY HALL, (262) 679-4100.
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UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES 04/07/2021
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, Commissioners Buckmaster, Graf and Gazzana, Oliver, Planner Trzebiatowski.
Absent: Alderman Kubacki, Commissioner Bartlett.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the minutes from the March 2, 2021 meeting.
Commissioner Gazzana made a motion to approve the March 2, 2021 minutes. Commissioner Graf
seconded. Motion to approve passed unanimously.
CONSENT BUSINESS
RESOLUTION PC 014- 2021 Approval of a Metal Roof Accessory Structure for Philip Beiermeister
located at W133 S8091 Northview Drive / Tax Key No. 2209.936.
RESOLUTION PC 015- 2021 Approval of a Third Accessory Structure for Brian & Cori Koemer
located at W219 S7562 Crowbar Drive / Tax Key No. 2187.996.006.
RESOLUTION PC 017-2021 Approval of a Building, Site and Operations Plan Amendment for Wal-Mart
located at W159 S6530 Moorland Road / Tax Key No. 2169.999.003.
RESOLUTION PC 020 -2021 Approval of a Second Accessory Structure for Mark Holman located at S108
W19890 Charles Court / Tax Key No. 2287.016.004.
RESOLUTION PC 021-2021 Approval of a Two- Lot Certified Survey Map for Mike Kaerek of Kaerek
Homes, Inc. located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997.
RESOLUTION PC 022- 2020 Approval of a Metal Accessory Structure for Paul Diekfuss located at W207
S8602 Hillendale Drive / Tax Key No. 2232.981.002.
Commissioner Graf made a motion to approve the consent business engross. Commissioner Oliver
seconded. Motion to approve passed unanimously.
NEW BUSINESS FOR CONSIDERATION 4
RESOLUTION PC 005-2021 Approval of a Building, Site and Operation Plan for Tom Reck located at S76
W17822 Janesville Road / Tax Key No. 2196.998.
Planner Trzebiatowski provided an overview of the project including rehabbing the building and
expanding/establishing a drive aisle and parking area on the site. The first floor would be a retail use and
some office space with the second level being used as office space. The second floor was previously used for
residential, but that is not being asked for at this meeting. During the Janesville Road reconstruction project an
access point was added to the east side of the property in addition to the access on the western side of the
property. The petitioner is looking to create a 'loop' around the building for one-way travel with parking stalls
off the drive aisle. Three parking stalls are identified on the eastern side of the site along with five stalls behind
the building with new curb and gutter.
There is approximately 1,000 square feet of space on the first and second floor. With retail on the first floor,
seven parking stalls will be needed. The office area on the second floor will require four parking stalls for a
total of eleven stalls needed on site. The owner noted that they are looking for a housing décor tenant use that
is not a high traffic use. The two-car garage on site could also be used for parking, so the Resolution is drafted
to say that the garage must remain open and accessible for tenant parking and cannot be used for personal
storage. The owner has discussed with businesses nearby to see if overflow parking would be a possibility,
which could be an option in the future.
New lighting is proposed that will need to meet the ordinances and will be checked during permitting. Any new
mechanical units will need to be screened and a Zoning Permit will be needed for the hardscapes and
Business Registration will be needed.
Commissioner Oliver asked if the ingress/egress is already established. Planner Trzebiatowski said that the
approach is already there. When the petitioner comes in we will ask them to double check with the County that
the access point is still OK.
Mayor Petfalski asked about the garage and it says there can be two cars in the garage, but the scaled
drawing does not appear to be able to fit two cars. Planner Trzebiatowski explained that he is not sure how
accurate the drawing. The garage itself is 31' wide and if the door is not large enough we will need to speak to
the owner to do some modifications. Commissioner Gazzana mentions that the picture makes it look like a 18'
garage door. Commissioner Oliver has seen a trailer and car parked in the garage at the same time.
Commissioner Graf asked about the signage without tenants. Planner Trzebiatowski explained they are
allowed 5% of the wall area for the signs along with a freestanding sign. Permits for the sign will be needed.
Commissioner Gazzana made a motion to approve Resolution PC 005-2021. Commissioner Graf seconded.
Motion to approve passed unanimously.
RESOLUTION PC 016-2021 Approval of a Building, Site and Operations Plan Amendment for Flores
Automation, LLC. located at S84 W18693 Enterprise Drive / Tax Key No. 2223.994.013.
Planner Trzebiatowski explained the temporary structure being proposed for additional storage prior to a full -
blown building addition. The 30’ x 20’ tent structure will be located on a gravel pad behind the building for
approximately two years. Noted in the Resolution is that if the tent structure is still there in two years then re -
approval is needed. The second part of the proposal is for a six-foot chain link fence to screen the outdoor
storage as well as provide security for parts that will be stored outside. Typically, in the past Staff and the
Plan Commission have encouraged and approved solid fencing rather chain link fencing as the chain link does
provide full screening rather than the muting of the outdoor storage.
Commissioner Graf asked for clarification of where the screening is located. Planner Trzebiatowski explained
the location of the screening and then noted that there are residential uses behind this location.
Mayor Petfalski noted that any screening will be an improvement to the neighborhood.
Commissioner Graf asked what has been done historically. Planner Trzebiatowski said that for at least the
last five to ten years there has been a push for solid screening. 5
Commissioner Graf asked if there is a cost increase. Commissioner Oliver noted that with steel prices the
wood will be less expensive than the chain link.
Commissioner Graf would just like to be consistent moving forward.
Commissioner Oliver asked the overall height of the tent (21 feet). Planner Trzebiatowski noted that the fence
is not screening the tent structure but rather the outdoor storage. The fence as proposed is six feet in height.
Mayor Petfalski asked what would be most durable. Commissioner Oliver said if hit by a vehicle it doesn’t
matter the fence. Otherwise, PVC would be the best without any maintenance. There is nothing wrong with
the slats except the capacity of screening. Planner Trzebiatowski mentioned that if this was for security then a
chain link fence may be acceptable, but since this fence is for screening also then a solid fence is
recommended.
Commissioner Graf said this is an upgrade to whatever is there and would be OK with chain link with slats.
Commissioner Gazzana said that he is not a fan of slats and not consistent with past decisions. For
maintenance the PVC would be best.
Commissioner Buckmaster made a motion to approve Resolution PC 016-2021. Commissioner Graf
seconded. Motion to approve passed unanimously.
PC 018-2021 Discussion of a conceptual Certified Survey Map for Neal Walloch located at S94
W13628 Ryan Drive / Tax Key No. 2255.980.
Planner Trzebiatowski provided an overview of the conceptual land division. The applicant purchased the
property years ago with the desire to split the land somehow. The owner frontage is just as important as area
for land splits. Previously there was a proposed land division on an adjacent parcel. If the adjacent land split
had been approved, a right-of-way would have been next to this property and would have provided additional
frontage for this land. That development has not occurred so the petitioner is moving forward with a sketch
land division seeking a waiver for the lot width where the large parcel is redu ced to 25 feet near the existing
house. Based on recent history the Plan Commission has granted reductions in the past of other sizes. This
is in front of the Plan Commission for a discussion of a waiver because it is in the Land Division ordinance,
whereas if this was in the Zoning Code the appeal would be before the Zoning Board of Appeals.
Commissioner Buckmaster asked to compare this proposal to a flag lot. Planner Trzebiatowski explained that
a flag is typically anything that is narrow in the front and wider in the back. This Ordinance allows for a flag lot,
but the ‘pole’ part of the flag lot should be 80 feet.
Commissioner Buckmaster said that going back to around 2002 the Plan Commission has been trying to avoid
these. Mayor Petfalski asked what the issues are with these lots. Commissioner Buckmaster said it was the
property line the use from snowplowing to neighbor issues. From history and consistency, this is not
bothersome and looking for the highest and best use of the land. Commissioner Buckmaster does not have
any issues with this.
Planner Trzebiatowski mentioned that the owner is willing to offer an access easement for if needed for the
benefit of Lot 1, but this may be more of an issue being one lots property, but solely used by th e neighbor.
Mayor Petfalski agreed that adding an easement will be more of an issue.
Commissioner Oliver asked about the existing house and garage. Planner Trzebiatowski explained that the
garage would be removed and then the existing house would be com pliant with current codes.
Petitioner Walloch explained the history of the purchase of the property and his intentions. He has discussed
the possibilities of joining his property to the neighboring property to be able to include his property with their
development. The neighbor hasn’t had interest in the proposal.
Mayor Petfalski asked if the neighboring property does move forward, will this change the petitioners plans.
Petitioner Walloch said he is not confident anything will happen, which is why he is moving forward with this
proposal. 6
Commissioner Gazzana asked for the intentions for the structures. Planner Trzebiatowski mentioned that they
would only be allowed one primary structure, but due to the lot size, someone could build a guest house.
Mayor Petfalski asked if the neighboring development does go through, could the small lot be divided into two
or three lots. Planner Trzebiatowski explained that the only thing the neighboring subdivision will do is add
frontage. One thing to think about though is that if the neighboring property is developed, then a stub road for
access to the west, or this petitioners property may be needed at which time this petitioner would need to
extend the road to the extent of his development, which all costs more money.
Commissioner Buckmaster noted that this land split will not inhibit the highest and best use of anything being
proposed or existing on this lot or the surrounding land.
Commissioner Graf asked if anyone is in the home currently. Petitioner Walloch said no. Commissioner Graf
asked why not modify Lot 2 to allow for more room for Lot 1. Planner Trzebiatowski explained that the Zoning
Ordinance requires the minimum lot width which the Plan Commission cannot grant a waiver.
RESOLUTION 019-2021 Approval of a Building, Site and Operation Plan for a Two-Family Residential
Structure located on Lot 17 of Northfield Green Subdivision / Tax Key No. 2172.027.
Planner Trzebiatowski explained the two-family project in the Northfield Green development, which is part of
the Moorland Corridor South design guide, which is why this building is before the Plan Commission. The
buildings exhibit prairie and craftsman architectural features in accordance with the Design Guide. The only
two issues include one of the enclosed decks is to close to the property line. The developer is aware and
knows that this will need to be adjusted during permitting. The other issue invo lves the landscaping where
staff is recommending additional landscaping to the back of the building to be reviewed during permitting.
Otherwise the building features include exposed beams, shake materials, brick columns and brick banding.
The building does not meet the 50% masonry but it was more important to look at high quality architecture
rather than a strict material percentage. This building generally has more masonry that the other buildings.
Commissioner Gazzana asked if the units will be sold individually like a condo or under a single owner.
Planner Trzebiatowski said that the City cannot regulate one way or another, but the owners of past buildings
in this development have been sold individually.
Commissioner Graf made a motion to approve Resolution PC 019-2021. Commissioner Oliver seconded.
Motion to approve passed unanimously.
MISCELLANEOUS BUSINESS
Discussion of event(s) at Pop's MarketPlace prior to Plan Commission Building, Site and Operation Plan
Amendment approval for 2021 activities located at S70 W16050 Janesville Road / Tax Key No. 2172.999.
ADJOURN
Commissioner Gazzana made a motion to adjourn. Commissioner Graf seconded. Meeting adjourned.
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City of Muskego
Plan Commission Supplement PC 025-2021
For the meeting of: May 4, 2021
REQUEST: Metal Roof Accessory Structure
Tax Key No. 2171.116 / S70 W16670 Hedgewood Drive
SW ¼ of Section 3
PETITIONER: Tonia Butkovic
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 025-2021
The petitioner proposes to construct an 8’ X 12’ accessory structure (totaling 96 square feet) on their 20,375 sq. ft.
lot. The applicant would like to construct a garden shed with a metal roof behind the existing house, which does
not match the materials of the existing home. Since the roof does not match the home, Plan Commission approval
is required. Plans are attached for your review.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is found not to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 025-2021
Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RS-2 Suburban Residence District. Accessory structures
totaling up to 1,072 square feet are permitted on the subject property. The
proposal measures 96 square feet. The proposal meets the bulk requirements
of the Zoning Code.
STAFF DISCUSSION PC 025-2021
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing a metal roof on the accessory structure matching the roof color of the existing home.
The metal roof is being requested due to its location within the heavily wooded area as asphalt shingles may need
constant repair. T he roof of the home consists of architectural shingles. The accessory structure would be located
behind the house along Hedgewood Drive in the wooded area at the rear of the property, which will screen this
garden shed from neighboring properties.
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The proposed height of the building is approximately 11’3” feet to the peak of the shed, which is within the
allowable height based on the size of the lot. The survey shows the shed being four feet from the north property
line, but given the height of the shed the offset must be increase d to at least five feet.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, The color of the metal roof must match the existing residence.
BE IT FURTHER RESOLVED, The offset to the northern property line must be increased to a minimum of five feet.
STAFF RECOMMENDATION PC 025-2021
Approval of Resolution #PC 025-2021, finding that there will be no undue harm to the surrounding
properties and due to the natural screening from public roadway.
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H E D G E W O O D D R
WC Land Information Office, WLIP, SEWRPC, Ayres Associates
I
Agenda Item(s)
Right-of-Way
Properties
0 100 200 Feet
Tonia ButkovicS70 W16670 Hedgewood Drive
Resolution #PC 025-2021Supplemental Map
Prepared by City of Muskego Planning Department 10
RESOLUTION #P.C. 025-2021
APPROVAL OF AN ACCESSORY STRUCTURE
FOR THE BUTKOVIC PROPERTY LOCATED IN THE SW ¼ OF SECTION 3
(TAX KEY NO. 2171.116 / S70 W16670 HEDGEWOOD DRIVE)
WHEREAS, A site plan and building drawings were submitted to construct an 8’ x 12’ accessory structure (totaling 96 square
feet) on the Butkovic property located at S70 W16670 Hedgewood Drive (Tax Key No. 2171.116), and
WHEREAS, The property is zoned RS-2 Suburban Residence District, and said structure is a permitted accessory use, and
WHEREAS, The proposal does not meet the Plan Commission’s standards for administrative approval of residential accessory
structures as the accessory structure is proposed with a metal roof which does not match the asphalt shingles of the house,
and
WHEREAS, The proposed square footage of 96 square feet is well within the total allowable square footage for accessory
structures on this property, which meets the bulk requirements of the Zoning Code, and
WHEREAS, The proposed height is approximately 11’ 3”, which is within the allowed height given the lot area, and
WHEREAS, The accessory structure would be located behind the house along Hedgewood Drive in the wooded
area at the rear of the property, which will screen this garden shed from neighboring prope rties.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 96 square foot accessory structure with a metal roof
for the Butkovic property located at S70 W16670 Hedgewood Drive (Tax Key No. 2171.116).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The colors of the proposed roof must be similar to the colors of the home roof.
BE IT FURTHER RESOLVED, The offset to the northern property line must be increased to a minimum of five feet.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, and due to the natural screening from public roadway.
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: May 4, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 026-2021
For the meeting of: May 2, 2021
REQUEST: Two (2) Lot Land Division – Certified Survey Map
W192 S6647 Hillendale Drive / Tax Key No. 2177.933
NE ¼ of Section 5
PETITIONER: Richard Knudsen II
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 026-2021
The petitioner is proposing to split their property into two lots by Certified Survey Map (CSM). The
proposed lots are 35,174 square feet and 39,025 square feet in size. The property is located along the
west side of Hillendale Drive just north of Tans Drive
PLAN CONSISTENCY PC 026-2021
Comprehensive Plan:
The 2020 Plan depicts the areas for medium density residential uses.
The proposal is consistent with the plan.
Zoning:
The property is zoned RS-2 – Suburban Residence District. This
zoning requires minimum lot sizes of 20,000 SF and an average lot
width of 110 feet with at least 80 feet of frontage on a dedicated right-of-
way. The proposal is consistent with the Plan.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property.
Street System Plan: All lands within the ultimate right-of-way for Hillendale Drive have been
dedicated to the City. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The lots will be serviced via the public sanitary sewer system. The
proposal is consistent with the plan.
Water Capacity Assessment
District:
The lots will be serviced via private water wells. The proposal is
consistent with the plan.
Stormwater Management
Plan:
The Engineering Department will need to determine if a grading plan is
required as part of the land division or upon construction of the new
home.
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DISCUSSION PC 026-2021
The petitioner previously obtained approval for this Certified Survey Map via Resolution PC #117-2006 in
October of 2006 and Common Council via Resolution #041-2007 in February of 2007, but was never
recorded. Due to the time limits and changes in regulations, this Certified Survey Map is being re-
reviewed to ensure that current ordinances are being met.
Essentially, this is a single lot along Hillendale Drive that is being split into two separate lots. Upon initial
review of the CSM, the bulk requirements of the code appear to be met. A technical review is in the
process of being completed. All corrections/additions will be needed prior to the CSM can be signed by
the City and recorded.
Staff recommends approval subject to meeting all items noted above and a ll technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 026-2021
Approval of Resolution PC 026-2021
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HILLENDALE DR
TANS DRWC Land Information Office, WLIP, SEWRPC, Ayres Associates
I
Agenda Item(s)
Right-of-Way
Properties
0 100 200 Feet
Richard Knudsen IIW192 S6647 Hillendale Drive
Resolution #PC 026-2021Supplemental Map
Prepared by City of Muskego Planning Department 17
RESOLUTION #P.C. 026-2021
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE KNUDSEN PROPERTY
LOCATED AT W192 S6647 HILLENDALE DRIVE / TAX KEY NO. 2177.933
WHEREAS, A Certified Survey Map (CSM) was submitted by Richard Knudsen II for a two (2) lot land
division located along Hillendale Drive / Tax Key No. 2177.933, and
WHEREAS, This CSM is splitting the property into two separate lots, and
WHEREAS, The proposed lots are 35,174 square feet and 39,025 square feet in size, and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
20,000 SF with a minimum average width of 110 feet per lot since the lots are served by municipal sanitary
sewer, and
WHEREAS, Each lot has 119.33 feet of frontage, meeting the minimum 80-foot frontage requirement, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposed lots are consistent with the plan, and
WHEREAS, Both lots will be served by individual water wells, and
WHEREAS, Both lots will be served by the municipal sewer system.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Richard Knudsen II for a two (2) lot land division located along Hillendale Drive / Tax Key No. 2177.933,
subject to technical corrections as identified by the City Engineers and Planners and payment of all
applicable fees and outstanding assessments, if applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 4, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 029-2021
For the meeting of: May 4, 2021
REQUEST: Second Accessory Structure
Tax Key No. 2206.998.017 / W138 S7119 Sherwood Circle
NW ¼ of Section 12
PETITIONER: Danielle Hady, on behalf of Joe Klein
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 029-2021
The petitioner proposes to construct a 16’ X 16’ accessory structure (totaling 256 square feet) on their 3.18 acre lot.
The accessory structure would be an open-air gazebo and will be the second accessory structure on the lot along
with an existing 14’ x 16’ shed that is used for the pumps and pool equipment. Plans are attached for your review.
PLAN CONSISTENCY PC 029-2021
Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RS-2 Suburban Residence District. Accessory structures
totaling up to 2,787 square feet are permitted on the subject property. The
proposal measures 256 square feet. The total square footage of the accessory
structures is 480 square feet. The proposal meets the bulk requirements of the
Zoning Code.
STAFF DISCUSSION PC 029-2021
Design Guide requirements state that Planning Commission approval is needed for more than one accessory
structure on a lot when it is being used for residential purposes. Plan Commission approvals are being sought
since there is already another accessory structure on this lot.
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. The building proposed is an open-air gazebo with asphalt shingles of a color to match the
house. All fascia, soffit, posts, end beams will be wrapped with LP strand products painted to match the existing
home color scheme. Said proposal does meet the Plan Commission’s standards for administrative approval of
residential accessory structures.
On the survey, the existing shed is directly to the south of the new gazebo. The proposed gazebo structure must
be located at least five feet from both the house and existing accessory structure.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home.
BE IT FURTHER RESOLVED, The building cannot be enclosed unless proper building codes are met.
STAFF RECOMMENDATION PC 029-2021
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Approval of Resolution #PC 029-2021, finding that there will be no undue harm to the surrounding
properties, due to the area being rural in character, and due to the natural screening from public roadway.
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Agenda Item(s)
Right-of-Way
Properties
0 200 400 Feet
Danielle Hady, Siding UnlimitedW138 S7119 Sherwood Circle
Resolution #PC 029-2021Supplemental Map
Prepared by City of Muskego Planning Department 22
RESOLUTION #P.C. 029-2021
APPROVAL OF A SECOND ACCESSORY STRUCTURE
FOR THE KLEIN PROPERTY LOCATED IN THE NW ¼ OF SECTION 12
(TAX KEY NO. 2206.998.017 / W138 S7119 SHERWOOD CIRCLE)
WHEREAS, A site plan and building drawings were submitted to construct a 16’ x 16’ accessory structure (totaling 256 square
feet) on the Klein property located at W138 S7119 Sherwood Circle (Tax Key No. 2206.998.017), and
WHEREAS, The property is zoned RS-2 Suburban Residence District, and said structure is a permitted accessory use, and
WHEREAS, One accessory structure (224 square feet) and a home residence currently reside on the property, and
WHEREAS, The combined square footage of 480 square feet (256 square feet proposed and 224 square feet existing) is well
within the total allowable square footage for accessory structures on this property, which meets the bulk requirements of the
Zoning Code, and
WHEREAS, The accessory structure will be and open air gazebo with wrapped posts used for personal use only, and
WHEREAS, The structure is proposed to match the exterior colors and finishes of the house including architectural asphalt
shingles, and said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory
structures.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 256 square foot accessory structure for the Klein
property located at W138 S7119 Sherwood Circle (Tax Key No. 2206.998.017).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home .
BE IT FURTHER RESOLVED, The building cannot be enclosed unless proper building codes are met.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, due to the area being rural in character, and due to the natural screening from public roadway.
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: May 4, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
23
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City of Muskego
Plan Commission Supplement PC 030-2021
For the meeting of: May 4, 2021
REQUEST: Metal Roof Accessory Structure
Tax Key No. 2189.146 / W191 S7436 Richdorf Drive
NE ¼ of Section 8
PETITIONER: David & Kay Mattson
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 030-2021
The petitioner proposes to construct a 10’ X 12’ accessory structure (totaling 120 square feet) on their 15,795 sq. ft.
lot. The applicant would like to construct a garden shed with a metal roof behind the existing house, which does
not match the materials of the existing home. Since the roof does not match the home, Plan Commission approval
is required. Plans are attached for your review.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is found not to be predominately residential.
Plan Commission may approve the materials as submitted, or req uire modifications prior to release of building
permits.
PLAN CONSISTENCY PC 030-2021
Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The
proposal for this residential outbuilding is consistent with the Plan.
Zoning:
The property is zoned RS-2 Suburban Residence District. Accessory structures
totaling up to 720 square feet are permitted on the subject property. The
proposal measures 120 square feet. The proposal meets the bulk requirements
of the Zoning Code.
STAFF DISCUSSION PC 030-2021
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing to replace an existing shed with an accessory structure that has a metal roof. The
colors of the metal roof will blend in with the brown color of the shingles on the house. The roof of the home
consists of architectural shingles. The accessory structure would be located behind the house, which will screen
this garden shed from the right-of-way.
29
The proposed height of the building is approximately 11’3” feet to the peak of the shed, which is within the
allowable height based on the size of the lot. The survey shows the shed being five feet from as required by the
Zoning Code.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, The color of the metal roof must match the existing residence.
BE IT FURTHER RESOLVED, The offset to the northern property line must be increased to a minimum of five feet.
STAFF RECOMMENDATION PC 030-2021
Approval of Resolution #PC 030-2021, finding that there will be no undue harm to the surrounding
properties and due to the home screening the shed from public roadway.
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Agenda Item(s)
Right-of-Way
Properties
0 100 200 Feet
Dave & Kay MattsonW191 S7436 Richdorf Drive
Resolution #PC 030-2021Supplemental Map
Prepared by City of Muskego Planning Department 31
RESOLUTION #P.C. 030-2021
APPROVAL OF AN ACCESSORY STRUCTURE
FOR THE MATTSON PROPERTY LOCATED IN THE NE ¼ OF SECTION 8
(TAX KEY NO. 2189.146 / W191 S7436 RICHDORF DRIVE)
WHEREAS, A survey and building drawings were submitted to construct a 10’ x 12’ accessory structure (totaling 120 square
feet) on the Mattson property located at W191 S7436 Richdorf Drive (Tax Key No. 2189.146), and
WHEREAS, The property is zoned RS-2 Suburban Residence District, and said structure is a permitted accessory use, and
WHEREAS, The proposal does not meet the Plan Commission’s standards for administrative approval of residential accessory
structures as the accessory structure is proposed with a metal roof which does not match the asphalt shingles of the house,
and
WHEREAS, The proposed square footage of 120 square feet is well within the total allowable square footage for accessory
structures on this property, which meets the bulk requirements of the Zoning Code, and
WHEREAS, The proposed height is approximately 11’ 3”, which is within the allowed height given the lot area, and
WHEREAS, The accessory structure would be located behind the house, which will screen this garden shed from the public
roadway.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 120 square foot accessory structure with a metal roof
for the Mattson property located at W191 S7436 Richdorf Drive (Tax Key No. 2189.146).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The colors of the proposed roof must be similar to the colors of the home roof.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties and due to the home screening the shed from public roadway.
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: May 4, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
32
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City of Muskego
Plan Commission Supplement PC 023-2021
For the meeting of: May 4, 2021
REQUEST: Rezoning from RC-2 – Country Residence District and SW – Shoreland Wetland District to
PD – Planned Development District (based on RS-2 – Suburban Residence District and SW – Shoreland
Wetland District) of the Property located at Priegel Drive and Durham Drive.
Tax Key Nos. 2211.996.002 & 2211.997 / Priegel Drive and Durham Drive
SE ¼ & SW ¼ of Section 13
PETITIONER: Mike Kaerek of Kaerek Homes Inc.
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 023-2021
The petitioner has submitted a rezoning request from RC-2 – Country Residence District and SW –
Shoreland Wetland District to PD – Planned Development District (based on RS-2 – Suburban Residence
District and SW – Shoreland Wetland District).
PLAN CONSISTENCY PC 023-2021
Comprehensive Plan: The 2020 Comprehensive Plan shows the area as low density
residential uses (densities of 0.5 – 0.99 units per acre). The proposal is
consistent with the plan.
Zoning: The property is currently zoned RC-2 – Country Residence District and
SW – Shoreland Wetland District. The zoning being requested is PD –
Planned Development District (based on RS-2 – Suburban Residence
District and SW – Shoreland Wetland District).
Park and Conservation Plan: The land abutting Big Muskego Lake has been identified as High
Priority Conservation Area and a distant priority trail running north/south
is identified on this property. Any future development will be required to
address these plans.
Street System Plan: All interior right-of-ways are proposed to be dedicated to the proper
widths. Additional right-of-way dedications may be required near along
Priegel Drive.
Adopted 208 Sanitary Sewer
Service Area:
Any future development will be served by municipal sewer. The
proposal is consistent with the Plan.
Water Capacity Assessment
District:
This area will be served by municipal water. The proposal is consistent
with the Plan.
DISCUSSION PC 023-2021
The site of this rezoning and newly proposed subdivision is 45.5 acres in size. The tentative subdivision
proposal is for forty-five (45) lots along with five (5) outlots. The outlots would be for stormwater
management, open space/preservation, for utility easements and landscape easements. The subdivision
would include new public roadways stemming off of Durham Drive and Priegel Drive.
39
The proposed 45 single-family lots results in approximately 0.989 units/acre or 1 unit per 1.01 acres
(44,048 square feet) of land (gross). This density falls within the Low Density Residential land use
category, which allows 0.5 to 0.99 units/acre. The proposed density meets the current 2020
Comprehensive Land Use Plan requirements. The base RS -2 zoning typically allows 20,000 square feet
of land per lot with a typical minimum average width of 110 feet. As part of the PD request, the applicant
is asking for the following zoning waivers:
• Minimum average lot width of 100 feet, as compared to the typical 110 f eet in the standard RS-2
District.
• Front setback of 30 feet, as compared to the typical 40 feet in the standard RS -2 District.
• Side yard offsets of 15 feet on both sides, as compared to the typical 15 feet on one side and 20
feet on the opposite side in the standard RS-2 District.
• Rear offset of 25 feet, as compared to the typical 20 feet in the standard RS -2 District. The only
exception to this is for the lots abutting Durham Drive remaining at 40 feet. Also, Lot 37 will have
40 feet of setback from Priegel Drive.
The applicant is not requesting any type of density bonus as part of this PD request.
A public hearing for this request was held before the Common Council meeting on April 27, 2021. No
concerns were raised at the hearing.
The rezoning approval documents are subject to approval of a Final Plat.
STAFF RECOMMENDATION PC 023-2021
Approval of Resolution PC 023-2021
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Agenda Item(s)
Right-of-Way
Properties
0 600 1,200 Feet
Mike Kaerek of Kaerek H ome s, In c.Durham Drive & Priegel Drive
Resolution #PC 023-2021Supplemental Map
Prepared by City of Muskego Planning Department 41
RESOLUTION #P.C. 023-2021
RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM RC-2 – COUNTRY
RESIDENCE DISTRICT AND SW – SHORELAND WETLAND DISTRICT TO PD – PLANNED
DEVELOPMENT DISTRICT BASED ON RS-2 SUBURBAN RESIDENCE AND SW –
SHORELAND WETLAND DISTRICT FOR THE PROPERTY LOCATED IN THE SE ¼ & SW 1/4
OF SECTION 13
(TAX KEY NOS. 2211.996.002 & 2211.997 / PRIEGEL DRIVE AND DURHAM DRIVE).
WHEREAS, A petition was submitted by Mike Kaerek of Kaerek Homes Inc. to rezone property
from RC-2 – Country Residence District and SW – Shoreland Wetland District to PD – Planned
Development District (based on RS-2 – Suburban Residence District and SW – Shoreland
Wetland District) of the Property located at Priegel Drive and Durham Drive, and
WHEREAS, The RS-2 district allows minimum lot sizes of 20,000 SF with minimum average width
of 110 feet, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for Low Density Residential Uses
and the proposal is consistent with the plan, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on April 27,
2021, and
WHEREAS, There were no public comments at the Public Hearing, and
WHEREAS, The rezoning is being proposed to facilitate a tentative subdivision proposal is for
forty-five (45) lots along with five (5) outlots, and
WHEREAS, As part of the PD request the applicant is asking for zoning waivers including a
minimum average lot width of 100 feet, front setback of 30 feet, side yard offsets of 15 feet and a
rear offset of 25 feet, with the exception of the lots abutting Durham Drive and Priegel Drive which
remain at 40 feet, and
WHEREAS, The applicant is NOT requesting any type of density bonus as part of this PD request.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning to PD – Planned Development District (based on RS-2 –
Suburban Residence District and SW – Shoreland Wetland District) for the property located in the
SE ¼ & SW ¼ of Section 13 (Tax Key No. 2211.996.002 & 2211.997 / Priegel Drive & Durham
Drive), and
BE IT FURTHER RESOLVED, This resolution recommends to the Council to include in the
ordinance that the rezoning only takes effect upon approval of the Final Plat.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 4, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
42
March 18, 2021
Mr. Adam Trzebiatowski, AICP
City of Muskego
Planning Services Division
W182 S8200 Racine Avenue
Muskego, WI 53150
RE: Mallard Pointe Subdivision
Preliminary Plat Application
Dear Mr. Trzebiatowski:
On behalf of Kaerek Homes, I am pleased to present this Preliminary Plat application for Mallard Pointe, a 45-lot
single family residential subdivision at the northwest corner of Durham Drive and Priegl Drive. The subdivision will
be served by municipal sewer and water. Outlots within the subdivision will be reserved for stormwater
management and open space preservation.
The proposed Preliminary Plat conforms to the Planned Development District petition submitted to the City earlier
this month, with the following dimensional requirements:
Minimum average lot width of 100 feet.
Front setback of 30 feet and side yard of 15 feet.
Rear setback of 25 feet, with the exception of lots abutting Durham Drive being 40 feet.
If you should have any questions or require any additional detail, please email me at chris.hitch@rasmith.com or
call me at 262-317-3267.
Sincerely,
R.A. Smith, Inc.
Christopher D. Hitch
Senior Project Manager
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City of Muskego
Plan Commission Supplement PC 024-2021
For the meeting of: May 4, 2021
REQUEST: Approval of a Preliminary Plat for the Mallard Pointe Subdivision
Priegel Drive & Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997
SE ¼ & SW ¼ of Section 13
PETITIONER: Mike Kaerek of Kaerek Homes Inc.
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 024-2021
The petitioner has submitted the Preliminary Plat for the Mallard Pointe subdivision. The proposal includes forty-
five (45) single-family lots and five (5) outlots. The development includes an access point on Durham Drive as well
as two access points onto Priegel Drive.
PLAN CONSISTENCY PC 024-2021
Comprehensive Plan:
The 2020 Plan depicts the properties for low-density residential development
(densities of 0.5 – 0.99 units per acre). The proposal is consistent with the
plan with a density of 0.989 units/acre.
Zoning:
The property is currently RC-2 – Country Residence District and SW –
Shoreland Wetland District. The applicant is in the process of requesting a
rezoning to PD – Planned Development District (based on RS-2 – Suburban
Residence District and SW – Shoreland Wetland District).
Park and Conservation
Plan:
The land abutting Big Muskego Lake has been identified as High Priority
Conservation Area and a distant priority trail running north/south is identified on
this property. Any future development will be required to address these plans.
Street System Plan:
All interior right-of-ways are proposed to be dedicated to the proper widths.
Additional right-of-way dedications may be required near along Priegel Drive.
Adopted 208 Sanitary Sewer
Service Area:
Any future development will be served by municipal sewer. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
This area will be served by municipal water. The proposal is consistent with
the Plan.
Stormwater Management
Plan: Stormwater is shown to be accommodated in the outlots in the development.
45
STAFF DISCUSSION PC 024-2021
History
Most recently there was a conceptual plan submitted by Towne Realty showing 38 new single family lots on
approximately 38.1 acres of land. That proposal was slightly over the density allowed of 0.5 to 0.99 units/acre and
it was recommended that just a bit more land acquisition would allow the density to fall within the allowed threshold.
Additionally, there was a previous rezoning request submitted for this property by Towne Realty in 2006. That
concept proposal included 49 lots over 47.7 acres. Said lots were proposed with a minimum lot size of 18,000 SF
and an average width of 100 feet. The density proposed equated to 1.03 units/acre. The 2010 Comprehensive
Plan, which was in place at that time, would have had to be changed to medium density residential to facilitate this
proposal. At that time there was a formal public hearing held and there were numerous concerns raised by
residents in the area. The Plan Commission recommended denial of the proposal. Based on that, the developer
withdrew their request before the Common Council acted on the rezoning request.
Current Proposal
Kaerek Homes Inc. is moving forward with a proposal for 45 single-family lots, resulting in approximately 0.989
units/acre or 1 unit per 1.01 acres (44,048 square feet) of land (gross). This density falls within the Low Density
Residential land use category, which allows 0.5 to 0.99 units/acre. The proposed density meets the current 2020
Comprehensive Land Use Plan requirements. The base RS-2 zoning typically allows 20,000 square feet of land
per lot with a typical minimum average width of 110 feet. As part of the PD request, the applicant is asking for the
following zoning waivers:
• Minimum average lot width of 100 feet, as compared to the typical 110 feet in the standard RS-2 District.
• Front setback of 30 feet, as compared to the typical 40 feet in the standard RS-2 District.
• Side yard offsets of 15 feet on both sides, as compared to the typical 15 feet on one side and 20 feet on the
opposite side in the standard RS-2 District.
• Rear offset of 25 feet, as compared to the typical 20 feet in the standard RS-2 District. The only exception
to this is for the lots abutting Durham Drive remaining at 40 feet. Also, Lot 37 will have 40 feet of setback
from Priegel Drive.
The applicant is not requesting any type of density bonus as part of this PD request.
The lots within the proposed subdivision range from 20,026 square feet to 35,703 square feet. The outlots within
the subdivision will be reserved for stormwater management and open space preservation.
The Resolution is drafted to state that this Preliminary Plat approval is contingent on the pending PD – Planned
Development rezoning being granted and if said rezoning is bot granted, this Preliminary Plat approval is void.
Access to the subdivision can be gained from one access point on Durham Drive as well as the two access points
along Priegel Drive. An internal network of streets will front each of the lots with dedicated rights-of-ways including
two cul-de-sacs. As noted, there will be no other direct access from the residential lots to Durham Drive.
The technical review is pending and will be forwarded once complete and the Resolution is drafted to allow
approval subject to these technical corrections being addressed before construction plans and the final plat can be
approved.
The misc. items required in the resolution are as follows:
BE IT FURTHER RESOLVED, That the preservation easements and /or wetland areas located on private
lots or close to borders of private lots will need to be lined with split rail fences as part of the subdivision
construction plans.
BE IT FURTHER RESOLVED, An exhibit must be provided showing that all lots meet the code defined
minimum average width of 100’ (per the request PD district).
BE IT FURTHER RESOLVED, This Preliminary Plat approval is contingent on the pending PD – Planned
Development rezoning being granted and if said rezoning is bot granted, this Preliminary Plat approval is
void.
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BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit/Bond must be approved by
the Council and all subdivision improvements made and accepted before any Final Plat approvals can be
allowed.
STAFF RECOMMENDATION PC 024-2021
Approval of Resolution #PC 024-2016
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Agenda Item(s)
Right-of-Way
Properties
0 600 1,200 Feet
Mike Kaerek of Kaerek H ome s, In c.Durham Drive & Priegel Drive
Resolution #PC 024-2021Supplemental Map
Prepared by City of Muskego Planning Department 48
RESOLUTION #P.C. 024-2021
APPROVAL OF A PRELIMINARY PLAT FOR THE MALLARD POINTE SUBDIVISION
LOCATED IN THE SE ¼ & SW ¼ OF SECTION 13
(TAX KEY NUMBERS 2211.996.002 & 2211.997 / PRIEGEL DRIVE & DURHAM DRIVE)
WHEREAS, A preliminary plat was submitted by Mike Kaerek of Kaerek Homes Inc. for the
Mallard Pointe Subdivision located in the SE ¼ & SW ¼ of Section 13 (Tax Key Nos.
2211.996.002 & 2211.997), and
WHEREAS, The petitioner is proposing rezoning the property to PD – Planned Development
District (based on RS-2 – Suburban Residence District and SW – Shoreland Wetland District)
with a Public Hearing on April 27, 2021, and
WHEREAS, Said plat proposes 45 single-family lots and 5 outlots, and
WHEREAS, The outlots within the subdivision will be reserved for stormwater management and
open space preservation, and
WHEREAS, The lots range in size between 20,026 SF and 35,703 SF, and
WHEREAS, The lot frontages range from approximately 83’ to 221’ on the straight portion of the
road and approximately 61’ to 65’ on lots abutting the cul-de-sac bulb, and
WHEREAS, The minimum average widths are requested to be allowed to be 100’ per lot, per the
PD rezoning request, and
WHEREAS, The 2020 Comprehensive Plan has the area as Low Density Residential (densities
of 0.5 – 0.99 units/acre) and the proposal meets this requirement under the Planned
Development zoning proposed, and
WHEREAS, The development will be serviced by municipal water and sewer, and
WHEREAS, There are technical corrections that need to be addressed.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Preliminary Plat for the Mallard Pointe Subdivision, located in the SE ¼ &
SW ¼ of Section 13 and will be receptive to the submittal of a final plat, subject to resolution of
technical discrepancies as identified by the City Planning Department and City Engineers, and
payment of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, An exhibit must be provided showing that all lots meet the code
defined minimum average width of 100’ (per the request PD district).
BE IT FURTHER RESOLVED, That the preservation easements and /or wetland areas located
on private lots or close to borders of private lots will need to be lined with split rail fences as part
of the subdivision construction plans.
BE IT FURTHER RESOLVED, This Preliminary Plat approval is contingent on the pending PD –
Planned Development rezoning being granted and if said rezoning is bot granted, this Preliminary
Plat approval is void.
BE IT FURTHER RESOLVED, This approval is conditional upon all State, County, and City
codes being addressed.
BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit/Bond must be
approved by the Council and all subdivision improvements made and accepted before any Final
Plat approvals can be allowed.
BE IT FURTHER RESOLVED, All technical review comments, which are pending, must be
addressed.
49
BE IT FURTHER RESOLVED, Any goals listed on the Park & Conservation Plans and/or as
identified by the Park and Conservation Committee may need to be looked at further and may
need to be incorporated into the Construction Plans.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 4, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
50
( IN FEET )
GRAPHIC SCALE
0 2001005050
SHEET OF
MALLARD POINTE
PRELIMINARY PLAT
12
S:\5162866\dwg\ PP101D100.dwg \ SHEET 1
Lot 1 in Certified Survey Map No. ____, being a part of Government Lot 3 of the Southwest 1/4 of Fractional
Section 13 and part of the Southeast 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Southeast 1/4 of
Section 13, in Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
OBJECTING AGENCIES
Wisconsin Department of Administration
Waukesha County Department of Parks & Land use
APPROVING AGENCIES
City of Muskego
Subdivision statistics
Total area 1,982,175 square feet or 45.5045 acres
45 Lots and 5 Outlots
Elevations refer to the National Geodetic Datum 1929. Starting benchmark - Southest corner of Southwest 1/4 of Section
13-5-20, found brass cap monument. Elevation = 797.20
Bearings are referenced to the Wisconsin State Plane Coordinate System, South Zone (NAD27).
There is no observed drain tile on this site.
The City of Muskego shall not be liable for any fees or special assessments in the event they become owner of any Lot or
Outlot in the subdivision by reason of tax delinquency.
Site is zoned PD, Planned Development
Zoning restrictions:
Front setback = 30'
Side setback = 15'
Rear setback = 25'
Durham Drive setback = 40'
Priegl Drive setback = 40'
Min avg width = 100'
Min area = 20,000 SF
SURVEYOR & ENGINEER
R.A.Smith, Inc.
16745 W. Bluemound Road
Brookfield, WI 5005
PH. 262-781-1000
FAX 262-797-7373
OWNER/DEVELOPER
Kaerek Builders, Inc.
Mike Kaerek
11600 West Lincoln Avenue
West Allis, WI 53227
SURVEYOR'S CERTIFICATE:
I, John P. Casucci, Professional Land Surveyor, do hereby certify that the preliminary plat is a correct representation of the existing land divisions
features, and that I, to the best of my knowledge and belief, have compiled with the applicable ordnances in preparing the same.
Dated this 18th day of March, 2021
_________________________________________
JOHN P. CASUCCI, PLS S-2055
SOIL CLASSIFICATION:
Hta- HOUGHTON MUCH, 0-2% SLOPES
Asa- ASHKUM SILTY CLAY LOAM, 0-3% SLOPES
BIA- BLOUNT SILT LOAM, 1-3% SLOPES
Oc- OGDEN MUCK
MzdD2- MORLEY SILT LOAM, 12-20% SLOPES, ERODED
MzdB2- MORLEY SILT LOAM, 2-6% SLOPES, ERODED
MzdB- MORLEY SILT LOAM, 2-6% SLOPES
FnB- FOX SANDY LOAM, LOAMY SUBSTRATUM, 2-6% SLOPES
VISION SETBACK DETAIL
AND DRIVEWAY ACCESS
RESTRICTION DETAIL
NOTES:
DIRECT VEHICULAR ACCESS FROM ANY LOT OR OUTLOT TO PRIEGEL DRIVE AND DURHAM DRIVE IS PROHIBITED.
WETLANDS MARKED BY R.A. SMITH, INC, DATED APRIL 2019
UTILITY EASEMENTS WILL BE SHOWN ON THE FINAL PLAT.
THE OWNERS OF THE RESIDENTIAL LOTS WITHIN THE THIS PLAT SHALL EACH OWN AN EQUAL UNDIVIDABLE FRACTIONAL INTEREST IN OUTLOTS 1, 2, 3 & 4 OF THIS SUBDIVISION.
WAUKESHA COUNTY SHALL NOT BE LIABLE FOR ANY FEES OR SPECIAL CHARGES IN THE EVENT THEY BECOME THE OWNER OF ANY LOT OR OUTLOT IN THE SUBDIVISION BY
REASON OF TAX DELINQUENCY.
OUTLOT USES:
OUTLOT 1 OPEN SPACE AND UTLITY EASEMENT
OUTLOTS 2 & 3 OPEN SPACE
OUTLOTS 4 & 5 OPEN SPACE AND LANDSCAPE EASEMENT
WETLAND PROTECTION OFFSET RESTRICTIONS:
THERE IS A CITY REQUIRED 15 - FOOT WETLAND PROTECTION OFFSET AROUND ALL WETLANDS AREAS. THE AREAS OF LAND WHICH ARE IDENTIFIED AS WETLAND PROTECTION
OFFSET AREAS SHALL FOLLOW ALL RESTRICTIONS LISTED IN CHAPTER 17 OF THE CITY OF MUSKEGO MUNICIPAL MUNICIPAL CODE RELATING TO WETLAND PROTECTION
OFFSETS. IF DNR REGULATIONS ARE APPLICABLE, THEN SAID REGULATION SHALL BE IN ADDITION TO ALL CITY REGULATIONS AND AS SHOWN ON THE FINAL PLAT.
BASEMENT RESTRICTION - GROUNDWATER:
ALTHOUGH ALL LOTS IN THE SUBDIVISION HAVE BEEN REVIEWED AND APPROVED FOR DEVELOPMENT WITH SINGLE-FAMILY RESIDENTIAL USE IN ACCORDANCE WITH SECTION
236 WISCONSIN STATUTES, SOME LOTS MAY CONTAIN SOIL CONDITIONS THAT, DUE TO THE POSSIBLE PRESENCE OF GROUNDWATER NEAR THE SURFACE, COULD REQUIRE
ADDITIONAL SOIL ENGINEERING AND FOUNDATION DESIGN WITH REGARD TO BASEMENT CONSTRUCTION. SOIL CONDITIONS SHOULD BE SUBJECT TO EACH OWNER'S SPECIAL
INVESTIGATION PRIOR TO CONSTRUCTION AND NO SPECIFIC REPRESENTATION IS MADE HEREIN.
RESTRICTIONS:
1. PER SECTION CPT 17, SECTION 5.02 F AND G OF THE CITY OF MUSKEGO ZONING ORDINANCE, IN THE VISION SETBACK AREA NO STRUCTURE OF ANY KIND SHALL BE
PERMITTED WHICH EXCEEDS A HEIGHT OF 30 INCHES ABOVE THE ELEVATION OF THE CENTER OF THE INTERSECTION, EXCEPT FOR NECESSARY HIGHWAY AND TRAFFIC SIGNS,
PUBLIC UTILITY LINES, AND OPEN FENCES THROUGH WHICH THERE IS CLEAR VISION, NOR SHALL ANY PLANT MATERIAL OR NATURAL GROWTH BE PERMITTED WHICH OBSCURES
SAFE VISION OF THE APPROACHES TO THE INTERSECTION.
WETLAND RESTRICTIONS
Those areas which are identified as "WETLANDS" on sheet one and two of this plat are subject to the following restrictions;
Grading, filling, removal of topsoil or other earthen materials are prohibited, unless specifically authorized by the municipality in which they are located and, if applicable, the Wisconsin Department of
Natural Resources and the Army Corps of Engineers.
The removal or destruction of any vegetative cover, i.e., trees, shrubs, grasses, etc., is prohibited, with the exception that invasive, dead, diseased, or dying vegetation may be removed, at the
discretion of the landowner and with approval of the City of Muskego. Silvicultural thinning, upon the recommendation a forester or naturalist and with approval from the City of Muskego, shall also be
permitted. The removal of any vegetative cover that is necessitated to provide access or service to an approved residence or accessory building, shall be permitted only when the access or service
cannot be located outside of the Wetland and with approval from the City of Muskego
Grazing by domesticated animals, i.e., horses, cows, etc, is prohibited.
The introduction of plant material not indigenous to the existing environment of the Wetland/Isolated Natural Area is prohibited.
Ponds may be permitted subject to the approval of the City of Muskego and, if applicable, the Wisconsin Department of Natural Resources and the Army Corps of Engineers.
Construction of buildings is prohibited.
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City of Muskego
Plan Commission Supplement PC 027-2021
For the meeting of: May 4, 2021
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Tail Spin Bar & Grill
Tax Key No. 2174.189 / S64 W18295 Martin Drive
NW ¼ of Section 4
PETITIONER: Jennifer Halverson
INTRODUCED: May 5, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 027-2021
Tail Spin Bar & Grill is seeking a Building, Site and Operation (BSO) Plan amendment to allow for
permanent outdoor seating at their business located at the intersection of Martin Drive and Jewel Crest
Drive. In July 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating
due to the COVID response. Now the petitioner is seeking approval to keep the outdoor s eating
permanently.
CONSISTENCY WITH ADOPTED PLANS 027-2021
Comprehensive Plan: The 2020 Plan depicts the property as Medium Density Residential uses.
This proposal continues the existing commercial use.
Zoning:
The property is zoned ERS-3 - Existing Suburban Residence with a
Conditional Use Grant and has operated as a bar since at least CUG
approval in October 1963.
STAFF DISCUSSION PC 027-2021
As noted above, Tail Spin Bar & Grill obtained staff approval for the temporary outdoor seating last July in
accordance with the Plan Commission direction. As part of the outdoor seating area all operations
related to the outdoor seating were required to remain on the subject property (not in the right-of-way)
and no additional structures were included with the permit. Staff has not received any negative feedback
related to the outdoor seating area use.
The outdoor seating area is located on the lower portion of the lot immediately south of the building on the
concrete and asphalt areas. There are thirteen tables spread out with a movable bar adjacent to the
building along with an area for a band in the northwestern corner of the property. A fence has been
installed to separate the outdoor seating area from the road.
The hours of the outdoor seating are proposed as Monday thru Thursday from 11:00 am – 9:30 pm;
Friday 11:00 am – 9:30 pm; and Saturday/Sunday from 8:00 am – 9:30 pm. On Friday and Saturday if
there is a band the petitioner would like to keep the outdoor seating area open until 10:00 pm.
Due to the new use of allowing continued outdoor music events with residential uses in proximity, i f any
complaints are received regarding the noise of any of the event and/or music, the petitioner must
immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another
52
BSO amendment for a solution to the noise complaints. The resolution is drafted as such. Tail Spin Bar
& Grill must continue working with the Clerk’s Office/Common Council to finalize specific dates of music
events and they must receive all proper liquor/beer and music/dance permits.
There are no other exterior changes to the building proposed. If any lighting or signage is proposed
separate reviews and permits will be required.
Overall, staff feels this outdoor seating area has been a nice addition to this property without hearing any
negative feedback.
STAFF RECOMMENDATION PC 027-2021
Approval of Resolution PC 027-2021
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Agenda Item(s)
Right-of-Way
Properties
0 100 200 Feet
Jennifer Halverson, Tail Spin Bar & G rillS64 W18295 Martin Drive
Resolution #PC 027-2021Supplemental Map
Prepared by City of Muskego Planning Department 54
RESOLUTION #P.C. 027-2021
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
TAIL SPIN BAR & GRILL LOCATED IN THE NW ¼ OF SECTION 4
(TAX KEY NO. 2174.189 / S64 W18295 MARTIN DRIVE)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Tail Spin Bar & Grill located at S64 W18295 Martin Drive / Tax Key No. 2174.189, and
WHEREAS, The petitioner is proposing to add permanent outdoor seating area at their business
located at the intersection of Martin Drive and Jewel Crest Drive, and
WHEREAS, In July 2020 the petitioner applied for and obtained staff approval for temporary
outdoor seating (due to COVID), and
WHEREAS, As part of the outdoor seating area all operations related to the outdoor seating were
required to remain on the subject property and no additional structures were included with the
permit, and
WHEREAS, Staff has not received any negative feedback related to the outdoor seating area
use, and
WHEREAS, A fence has been installed to separate th e outdoor seating area from the road, and
WHEREAS, The outdoor seating area will include thirteen tables spread out with a movable bar
adjacent to the building along with an area for a band, and
WHEREAS, No new exterior changes have been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan amendment for Tail Spin Bar & Grill at S64 W18295 Martin Drive / Tax Key
No. 2174.189.
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 shopping center signage master plan and
permit approvals.
BE IT FURTHER RESOLVED, Any of the outdoor features (fencing, seating, etc.) cannot be
located within the right-of-way.
BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the
event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or
come back to the Plan Commission for another BSO amendment for a solution to the noise
complaints.
BE IT FURTHER RESOLVED, Tail Spin Bar & Grill must continue working with the Clerk’s
Office/Common Council to finalize specific dates of music events and they must receive all proper
liquor/beer and music/dance permits.
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.
55
Plan Commission
City of Muskego
Adopted:
Denied:
Deferred:
Introduced: May 4, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
56
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City of Muskego
Plan Commission Supplement PC 028-2021
For the meeting of: May 4, 2021
REQUEST: Building, Site and Operation Plan Amendment (BSO) for Lucky’s at the Lodge
Tax Key No. 2198.984.013 / S74 W17096 Janesville Road
NW ¼ of Section 10
PETITIONER: Parkland Lodge LLC.
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 028-2021
Lucky’s at the Lodge is seeking a Building, Site and Operation (BSO) Plan amendment to allow for
covered outdoor seating area in a tent to be erected outdoor within the Parkland Towne Center along
Janesville Road. The tent would be located in the space along the western property line within the
marked parking stalls to allow for outdoor seating and other events this year. Lucky’s at the Lodge
obtained approval for permanent outdoor seating immediately adjacent to the building in April 2020. Then
in July 2020, the petitioner obtained the temporary outdoor seating permit (due to COVID) via staff review
which included two (2) 20’ x 40’ tents along the western property line within the marked parking stalls.
CONSISTENCY WITH ADOPTED PLANS 028-2021
Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is
consistent with the plan.
Zoning:
The property is zoned PD-50 – Parkland Towne Center Planned
Development District and the proposed amendments are consistent with the
code.
STAFF DISCUSSION PC 028-2021
As is noted above, Luckys at the Lodge is seeking approval to have a tent installed within the marked
parking stalls for outdoor seating. The tent is proposed from May 8, 2021 through October 5, 2021 , with
subsequent years requiring separate BSO Amendment approval. This submittal is for a single 20’ x 80’
tent, which is the same dimensions approved in 2020 for the temporary outdoor seating. Conditions of
approval for the tent with outdoor seating included all operations remaining on this property, no additional
structures were approved and the tent must be contained within the existing marked parkin g stalls and
not encroaching into the drive aisle.
The applicant is seeking to host outdoor events such as live music, local businesses’ fundraisers, craft
show-type events and to extend the outdoor dining capacity during the week. Staff will park their vehicles
on Lannon Drive if needed so customers can use the parking stalls on the back side of the building if
needed.
Due to the new use of allowing continued outdoor music events with residential uses in proximity, i f any
complaints are received regarding the noise of any of the event and/or music, the petitioner must
immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another
59
BSO amendment for a solution to the noise complaints. The resolution is drafted as such. Lucky’s at the
Lodge must continue working with the Clerk’s Office/Common Council to finalize specific dates of music
events and they must receive all proper liquor/beer and music/dance permits.
There are no other exterior changes to the building proposed. If any lighting or signage is proposed
separate reviews and permits will be required.
Overall, staff feels this outdoor seating area should be a nice addition to this property for the summer
months.
STAFF RECOMMENDATION PC 028-2021
Approval of Resolution PC 028-2021
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Agenda Item(s)
Right-of-Way
Properties
0 100 200 Feet
Andrew Jacobsen, Lucky's at the LodgeS74 W17096 Janesville Road
Resolution #PC 028-2021Supplemental Map
Prepared by City of Muskego Planning Department 61
RESOLUTION #P.C. 028-2021
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
LUCKYS AT THE LODGE LOCATED IN THE NW ¼ OF SECTION 10
(TAX KEY NO. 2198.984.013 / S74 W 17096 JANESVILLE ROAD)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Lucky’s at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013,
and
WHEREAS, The petitioner is proposing to add a covered outdoor seating area in a tent from May
8, 2021 through October 5, 2021, and
WHEREAS, This submittal is for a single 20’ x 80’ tent, which is the same dimensions approved
in 2020 for the temporary outdoor seating (due to COVID), and
WHEREAS, Conditions of approval for the tent with outdoor seating included all operations
remaining on this property, no additional structures were approved and the tent must be
contained within the existing marked parking stalls and not encroaching into the drive aisle, and
WHEREAS, Staff did not receive any negative feedback related to the outdoor seating area last
year, and
WHEREAS, The applicant is seeking to host outdoor events such as live music, local businesses’
fundraisers, craft show-type events and to extend the outdoor dining capacity during the week,
and
WHEREAS, Staff will park their vehicles on Lannon Drive if needed so customers can use the
parking stalls on the back side of the building if needed, and
WHEREAS, No new signage or lighting has been proposed at this time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site
and Operation Plan amendment for Luckys at the Lodge/ at S74 W17096 Janesville Road / Tax
Key No. 2198.984.013.
BE IT FURTHER RESOLVED, Any of the outdoor seating must not interfere with the driveways
and public access along the sidewalk and cannot interfere with any ADA passageways.
BE IT FURTHER RESOLVED, The tent is approved for May 8, 2021 through October 5, 2021,
with subsequent years requiring separate BSO Amendment approval.
BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the
event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or
come back to the Plan Commission for another BSO amendment for a solution to the noise
complaints.
BE IT FURTHER RESOLVED, Lucky’s at the Lodge must continue working with the Clerk’s
Office/Common Council to finalize specific dates of music events and they must receive all proper
liquor/beer and music/dance permits.
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 shopping center signage master plan 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 62
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: May 4, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
63
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City of Muskego
Plan Commission Supplement PC 031-2021
For the meeting of: May 4, 2021
REQUEST: Building, Site and Operation Plan (BSO) Amendment
Tax Key No. 2172.999 / S70 W16050 Janesville Road
SE ¼ of Section 3
PETITIONER: Mark Knudsen, Pop’s MarketPlace, LLC
INTRODUCED: May 4, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 031-2021
Pop’s MarketPlace, operates their retail business located in the Basse’s Country Market building along
Janesville Road. In July 2020, Mark Knudsen applied for a Building, Site and Operation Plan Amendment
to operation limited outdoor operations through the remainder of 2020. Now expired, the petitioner plans
to continue the limited outdoor operations on the site moving forward.
CONSISTENCY WITH ADOPTED PLANS 031-2021
Comprehensive Plan: The 2020 Plan depicts the property as Business Park uses. The
commercial operations are consistent with the plan.
Zoning:
The property is zoned BP-1 – Business Park District and the use falls under
specialized retail or customer service establishments so the proposed
amendment is consistent with the code.
STAFF DISCUSSION PC 031-2021
As noted above, Pop’s MarketPlace, LLC. is seeking approval for a BSO amendment to continue outdoor
activities/programs. Many of the activities from 2020 will continue moving forward including the live
music, food trucks, mini-markets, etc. Overall the proposal is to operate outdoor activities in the same
manner as last year with the grassy area east of the building used as a gathering space, the food truck
area located on the mulched area immediately east of the building, parking in the existing parking lot and
the grassy area adjacent to Janesville Road for overflow parking. The petitioner did mention using the
outdoor space more as a farm than anything else. This would include the grassy gathering space set up
in a “square horseshoe” to allow vendors and patrons defined space to carry out business.
Outdoor music events are proposed the same as last year in the mulched area near the southeastern
corner of the building just behind the proposed location of the food trucks. The petitioner understands
that outdoor music has the potential to be nuisance and plans to keep the music tasteful and family
friendly acts/performances. Without any new requests, the music and special events will also end at
9:00pm to coincide with the closing of all other events/activities on the premises . Due to the use of
allowing continued outdoor music events with residential uses in proximity, if any complaints are received
regarding the noise of any of the event and/or music, the petitioner must immediately rectify the noise
issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution
to the noise complaints. The resolution is drafted as such. Pop’s MarketPlace must work with the Clerk’s
66
Office/Common Council to finalize specific dates of music events and they must receive all proper
liquor/beer and music/dance permits.
Last year parking was thought to be one of the most critical issues facing Pop’s MarketPlace. According
to the data provided by the petitioner there were approximately 50 transactions per day during the week
and 100 per day on the weekends. An obvious spike in transactions were found du ring the fall weekends
with 500 people per day on Saturday and Sunday. The outdoor events also brought 100 people per hour.
There are approximately 15 paved parking spaces which is sufficient to handle the weekday crowd and
most of the weekend crowds. However, during the fall weekends and outdoor events, the grass area
immediately east of the parking area was successfully used for additional parking. The petitioner also
has an agreement with the Pro Health Care facility for overflow parking after 5:00 w eekdays and all hours
on weekends.
Identical to the 2020 BSO approval, to ensure that the above mentioned activities and their associated
parking is are done in a safe and practical manner, the Resolution states that events that include any
vendors, such as the mini-market, farmers market, food trucks/beer garden, etc. must setup/locate
outside of all approved parking areas (paved or grass) and this includes their trucks, trailers, booth,
equipment, etc., during any operations/events to ensure that all on-site parking can remain open for
customers at all times. The Resolution also states that if the lack of or layout of on -site parking becomes
an issue, then the overall operations of the site will be brought back in front of the Plan Commission for
re-review.
Portable toilets and handwashing stations were utilized as restrooms for patrons last year and without any
changes to the operations will continue being used for the foreseeable future.
The Resolution also states that this approval is only valid for Pop’s MarketPlace LLC on this property and
if a different operator were to take over this site/use/building, the new operator would need to re -seek
Plan Commission approval for any new or continued site operations.
Overall, staff feels this BSO approval will continue being an asset for the community and the more family
friendly events that the applicant can hold make this more of a desirable attraction for the City as long as
the parking issue remains under control by the applicant.
STAFF RECOMMENDATION PC 031-2021
Due to the success of the Pop’s MarketPlace last year as a repetitive outdoor event space, S taff is
recommending Approval of Resolution PC 031-2021 for only Pop’s MarketPlace planned, and events
yet to be planned, so long as all future events are of a similar nature with the current operations.
If any new outdoor operations or events will cause a significant change or modification to the normal
operations whether it is due to the size, type or potential nuisance , the applicant must submit for a
Building, Site and Operations Plan amendment to be reviewed by the Plan Commission to accommodate
said site or operations changes/modifications moving forward.
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Agenda Item(s)
Right-of-Way
Properties
0 400 800 Feet
Mark Knudsen, Pop's Marke tPlaceS70 W16050 Janesville Road
Resolution #PC 031-2021Supplemental Map
Prepared by City of Muskego Planning Department 68
RESOLUTION #P.C. 031-2021
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
MARK KNUDSEN, POP’S MARKETPLACE, LLP LOCATED IN THE SE ¼ OF SECTION 3
(TAX KEY NO. 2172.999 / S70 W16050 JANESVILLE ROAD)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
from Mark Knudsen of Pop’s MarketPlace, LLP located at S70 W16050 Janesville Road / Tax
Key No. 2172.999, and
WHEREAS, In July 2020, Mark Knudsen applied for a Building, Site and Operation Plan
Amendment to operation limited outdoor operations through 2020
WHEREAS, Mark Knudsen of Pop’s MarketPlace, LLP is seeking a Building, Site and Operation
Plan (BSO) amendment to continue the limited outdoor operations moving forward at the current
location, and
WHEREAS, Many of the activities from 2020 will continue moving forward including the live
music, food trucks, mini-markets, along with other new events of a similar nature, and
WHEREAS, Outdoor music events and other special events to end at 9:00 pm to coincide with
the closing of all other events/activities on the premises, and
WHEREAS, Currently there are roughly 15 paved parking spaces, which is sufficient for the
indoor market, and
WHEREAS, Pop’s MarketPlace utilized a grassy area marked with a temporary f ence for parking
and would like to continue using the grassy area for park ing.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and
Operation Plan amendment for Mark Knudsen of Pop’s MarketPlace, LLC at S70 W16050
Janesville Road / Tax Key No. 2172.999.
BE IT FURTHER RESOLVED, This approval is only valid for Pop’s MarketPlace LLC on this
property and if a different operator were to take over this site/use/building, the new operator
would need to re-seek Plan Commission approval for any new or continued site operations.
BE IT FURTHER RESOLVED, Events that include any vendors, such as the mini-market, farmers
market, food trucks/beer garden, etc. must setup/locate outside of all approved parking areas
(paved or grass) and this includes their trucks, trailers, booth, equipment, etc., during any
operations/events to ensure that all on-site parking can remain open for customers at all times.
BE IT FURTHER RESOLVED, Parking on adjacent sites cannot be allowed unless proper
agreements are established with the neighboring property owners and said agreements are
provided to the City.
BE IT FURTHER RESOLVED, The temporary grass parking area needs to have its exterior
boundaries clearly marked and the parking stall within this area need to be marked to ensure
adequate and safe parking can be provided.
BE IT FURTHER RESOLVED, If the lack of or the layout of on-site parking becomes an issue,
then the overall operations of the site will be brought back in front of the Plan Commission for re -
review.
BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the
event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or
come back to the Plan Commission for another BSO amendment f or a solution to the noise
complaints.
BE IT FURTHER RESOLVED, Pop’s MarketPlace must work with the Clerk’s Office/Common
Council to finalize specific dates of music events and they must receive all proper music/dance
permits.
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BE IT FURTHER RESOLVED, If any refuse/recycling containers need to be relocated outside at
some point into the future, a proper City approved enclosure must be installed.
BE IT FURTHER RESOLVED, All signage (temporary or permanent) will require further review
for compliance with City sign code regulations and permit approvals.
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, No outdoor storage/display is being requested and as such, no
outdoor storage/display is allowed on site without further Plan Commission approvals.
BE IT FURTHER RESOLVED, Any new outdoor operations or events will cause a significant
change or modification to the normal operations whether it is due to the size, type or potential
nuisance, the applicant must submit for a Building, Site and Operations Plan amendment to be
reviewed by the Plan Commission to accommodate said site or operations changes/modifications
moving forward.
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: May 4, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
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