Plan Commission 110221packetCITY OF MUSKEGO
PLAN COMMISSION AGENDA
11/02/2021
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 October 5, 2021 meeting.
Plan Commission Minutes 10052021.pdf
OLD BUSINESS FOR CONSIDERATION
RESOLUTION 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301
Loomis Road / Tax Key No. 2293.996.002.
PC 056-2021 SUPPLEMENT.pdf
PC 056-2021 MAP.pdf
PC 056-2021 RESOLUTION c.pdf
PC 056-2021 SUBMITTAL.pdf
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 065-2021 Approval of a Preliminary Plat for the Apple Hills subdivision located
at S81 W20871 Russet Court / Tax Key No. 2229.992.006.
PC 065-2021 SUPPLEMENT.pdf
PC 065-2021 MAP.pdf
PC 065-2021 RESOLUTION.pdf
PC 065-2021 SUBMITTAL.pdf
RESOLUTION PC 066-2021 Recommendation to Common Council to amend Sections 400-18,
400-23, 400-176 and 400-195 of the Municipal Code.
PC 066-2021 SUPPLEMENT.pdf
PC 066-2021 RESOLUTION.pdf
PC 066-2021 EXHIBIT A.pdf
MISCELLANEOUS BUSINESS
ADJOURNMENT
NOTICE
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NOTICE
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REFERRED TO ABOVE IN THIS NOTICE.
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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
10/05/2021
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Alderman Kubacki filling in for Mayor Petfalski called the meeting to order at 6:00 PM
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Alderman Kubacki, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf, Oliver and
Planner Trzebiatowski.
Absent: Mayor Petfalski and Commissioner Gazzana
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 September 7, 2021 meeting.
Commissioner Buckmaster made a motion to approve the minutes. Alderman Madden seconded. Motion to
approve passed unanimously.
CONSENT BUSINESS
RESOLUTION PC 063-2021 Approval of a One -Lot Certified Survey Map located at the
end of Crystal Drive / Tax Key Nos. 2288.996.003 and 2287.999.004.
RESOLUTION PC 062-2021 Approval of a Metal Accessory Structure for Del Darga located at
S98 W20412 Parker Drive / Tax Key No. 2277.996.016.
Commissioner Buckmaster made a motion to approve the consent business. Alderman Madden seconded.
Motion to approve passed unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION 056-2021 Approval of an Annual Review for Frey Auto located at S106
W16301 Loomis Road / Tax Key No. 2293.996.002.
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Planner Trzebiatowski reported that the petitioner sent an email for a plan that included purchasing a property
in the area and install a solid fence for storage. The plan would include an automatic gate, minimal lighting for
safety, security cameras and landscaping including trees and shrubs to screen the fencin g. The petitioner
estimates that the project could be completed in nine months. Alderman Madden made note that the area is
slowly getting better but obviously not completely conforming. The petitioner discussed either purchasing or
leasing, but Planner Trzebiatowski said that the Commission would likely prefer the purchase option to ensure
longevity. The other issue would be the zoning as the property is currently zoned A-1 Agriculture with a
conditional zoning for a B-4 commercial zoning. That B-4 commercial zoning allows for auto sales and service
but specifically excludes storage of junked or wrecked vehicles. The Resolution as left includes conditions to
start citing the petitioner and recommending to Common Council to terminate the Conditional Use Grant.
Citations. From the last meeting there seemed to be consensus that there was no interest in terminating the
CUG.
Alderman Kubacki added that the Plan Commission asked for a tangible solution. The prospect of possibly
buying land is not tangible. The options for tonight are to cite, terminate or to come up with another
recommendation. Alderman Kubacki stated that he spoke with the Mayor and they thought having a signed
offer to purchase with a closing date is a starting point.
Commissioner Graf asked where the land to purchase would be located. Planner Trzebiatowski explained it
would south of the woodworking shop.
Commissioner Buckmaster said that this not a plan. He is willing to defer again but at some point, something
must happen. Commissioner Buckmaster would be willing to terminate the CUG without a concept on paper
submitted for review.
Commissioner Graf said they need to see some action rather than a plan. A offer to purchase is an action
step and even if there are five more steps it is at least an action plan and a commitment on the petitioners
part.
Planner Trzebiatowski explained that the citation route is the only thing that has worked. It does not mean a
fine, but will hold them accountable. There could be an agreement on paper with the City Attorney to ensure
the project follows through.
Commissioner Buckmaster asked if we can amend the Resolution to have the petitioner submit a plan
acceptable to staff to address the issues.
Alderman Madden mentioned that problem is that he is trying to convince the owner to commit to selling. The
petitioner has made an offer to purchase, but the landowner is trying to work out a lease, which is not the best
solution. He has been moving cars and it appears as though those were the cars in the worst shape.
Planner Trzebiatowski said the plan has to come back to the Plan Commission.
The petitioner (JJ Frey) explained that his last plan of purchasing the gas station is not a good solution. He
spoke with another neighboring property owner to purchase land and install a fence, gravel with electric gate,
lighting, and security cameras.
Commissioner Oliver asked if both All Star Rental and the Frey plan would work on the site at the same time
and the petitioner said yes, both proposals would work together. Commissioner Oliver asked where the
ingress/egress would be located. The petitioner explained that the access would be from Muskego Dam
Road.
Alderman Kubacki asked if he was willing to sell the property and the petitioner said he was.
Alderman Kubacki confirmed that if this is deferred the petitioner will keep removing vehicles fr om the
property.
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Commissioner Graf asked if there were any impediments to obtaining the rezoning. Planner Trzebiatowski
said that it is currently zoned Agriculture and there isn’t any industrial zoning in the area. The Plan
Commission and the Common Council would be the deciding bodies.
Commissioner Bartlett asked what is south of the area proposed. Planner Trzebiatowski explained that there
is a home and there have been discussions with him and some screening would be all they would be seeking.
Commissioner Buckmaster made a motion to defer Resolution 056-2021 with the understanding that there is a
signed offer to purchase the property with an action plan and conceptual layout until next month. Alderman
Madden seconded. Motion to approve passed unanimously.
NEW BUSINESS FOR CONSIDERATION
PC 060-2021 Discussion of Conceptual Land Division for Autumn Penn, LLC. located on the
north side of Ryan Drive across from St. Andrews Condominiums / Tax Key No. 2255.979.002.
Planner Trzebiatowski provided an overview of the conceptual land division. Due to the Comprehensive Plan
density requirements, lots would need to be approximately 44,000 square feet, which then progress into a
conservation subdivision. The petitioner provided a yield plan showing what fits under standard zoning. Then
the conservation subdivision layout using the yield plan and any potential bonus lots. The bonus lot are given
for meeting specific principles identified in the code. The petitioner here is proposing a multi -use trail
connecting Boxhorn Drive and Ryan Road. Staff believes this trail would be a big improvement for all
pedestrians. There may be a boardwalk area on the trail due to wetlands. Additional private trails are shown
for residents.
Alderman Madden likes this and the trail is great. The trail will help many residents as this is not a friendly
walking are now and there is potential to connect to additional trails in the future.
Alderman Kubacki likes the plan and likes conservation subdivisions.
Commissioner Bartlett noted that there are two dead-end streets. On other subdivisions there were cul-de-
sacs proposed. Previous developments needed two ways in and out. Planner Trz ebiatowski noted that road
frontage dictates the number of road access points and this was set up to be able to extend the road to
developable land to the north and to the east. Planner Trzebiatowski noted that they would be required to put
in temporary cul-de-sacs.
Commissioner Buckmaster agrees and likes the proposal.
The petitioner explained that he spoke with the landowner to the north and relatives noted that the property will
be available in the future.
Alderman Kubacki noted that the bonus lots are not guaranteed, but they are available.
RESOLUTION PC 061-2021 Approval of a Building, Site and Operation Plan Amendment for
Milk Can Hamburgers & Frozen Custard located at S73 W16770 Janesville Road / Tax Key No.
2198.984.006.
Planner Trzebiatowski explained that they have a structure on the property and allowed them to use it for a
month to try it out prior to Plan Commission approval. They put a small structure in the parking lot in order to
take orders for the drive thru and allow employees to get out of the weather if needed. The structure is rustic
look similar to the looks of the building. This would be adjacent to the location approved for the custard truck.
Commissioner Buckmaster likes it and it seemed to be very effective in routing traffic in and out of the site.
Commissioner Oliver noted that they are taking care of their staff.
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Commissioner Buckmaster made a motion to approve Resolution PC 061-2021. Commissioner Graf
seconded. Motion to approve passed unanimously.
RESOLUTION PC 064-2021 Approval of a Platted Preservation Easement Alteration for
Paul and Jane Wagner located along Oakridge Lane / Tax Key Nos. 2172.062 and
2172.063.
Planner Trzebiatowski explained that the request is in Oakridge Subdivision where hig h-quality woodlands
make up most of the subdivision. There were preservation easements created to allow for the subdivision and
they create a ‘U’ around many building pads to ensure the back yards are preserved permanently. The
petitioner is seeking to combine two lots and to add square footage of preservation easement on either side of
the property to account for the area of preservation easement that would be removed. The City Forester
commented that with combining the lots, the last thing the City wou ld want would be for the remainder of the
building pad to be clear cut. He wanted to stress that you can clear what you need to, but not everything to
have a big green yard.
Eric Slovenski, S66W 16224 Chestnut Ridge Court, speaking on behalf of the petitioners stated the intent of
the petitioners is to keep most of the trees as they like the wooded lot and would like to keep as many trees as
possible.
Planner Trzebiatowski suggested an amendment to the resolution stating that efforts will be taken to preserve
as many trees as possible outside of the preservation area.
Commissioner Buckmaster made a motion to approve Resolution PC 064-2021. Commissioner Graf
seconded. Commissioner Buckmaster made a motion to amend Resolution PC 064-2021 for efforts to
preserve as many trees as possible will be undertaken . Commissioner Graf seconded the motion to amend
Resolution PC 064-2021. Motion to amend Resolution PC 064-2021 passed unanimously. Motion to approve
amended Resolution PC 064-2021 passed unanimously.
MISCELLANEOUS BUSINESS
None
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn. Alderman Madden seconded. Motion to adjourn
passed unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Associate Planner
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City of Muskego
Plan Commission Supplement PC 056-2021
For the meeting of: November 2, 2021
(Deferred from October 5, 2021)
(Deferred from September 7, 2021)
REQUEST: Six Month Review for Frey Auto
S107 W16311 Loomis Road / Tax Key No. 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Planning Division
INTRODUCED: October 5, 2021
LAST AGENDA: September 7, 2021
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 056-2021
Frey Auto, at this current location, has been subject to annual reviews since 2011 and longer at a previous
location. Due to repeated failed site inspections at annual reviews, the Plan Commission has required more
frequent site inspections and compliance reviews.
The petitioner received amended approvals via Resolutions #PC 036-2011, #PC 036-2012, #PC 025-2014 and
#PC 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4
and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following:
• Seventy-eight (78) stalls for vehicles for sale,
• Ten (10) stalls for sale customer vehicles,
• Seven (7) stalls for employees,
• Fourteen (14) stalls for customer repair vehicles,
• Twelve (12) stalls for loaner cars,
• Two (2) stalls for tow trucks/deliveries,
• Two (2) enclosed outdoor storage areas,
• No vehicles can be used as signage,
• Signage and banners displayed on vehicles for sale is prohibited, except for a price sign
hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
November 2, 2021 Plan Commission
The Frey Auto review was deferred at the October 5, 2021 meeting until November offering time for Frey
Auto to have an accepted offer to purchase, a conceptual layout and a written plan for how the
vehicles, parts and storage both on-site and off-site on the neighboring property will be brought into
compliance with the approved Conditional Use Grant. As of this writing, Frey Auto has not brought
anything to the City Planning Division for review nor has any contact been made. The resolution has
not been altered from last month.
October 5, 2021 Plan Commission
At the September 7, 2021 meeting the Plan Commission deferred this review until October to allow the
petitioner to come up with a plan on how he change/modify the operations of the site to conform to the
Conditional Use Grant conditions of approval.
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The petitioner has submitted a plan to try to purchase property within a close proximity from a
neighbor to construct a “holding lot” to store vehicles that will become ready for retail/wholesale
operations. This would mean that vehicles that need work in order to sell would be stored in the
holding lot until such time that they are fixed, or repaired and ready for sale. The holding lot would
have a gravel surface and be fenced with minimal lighting, a power security gate and security cameras.
Trees, shrubs and bushes will be planted along the visible perimeter. The project would be completed
in nine months.
In order for this to occur, the existing property would need to be divided to create the lot that would be
purchased. Additionally, the site of the holding lot is currently zoned A-1 Agriculture with a conditional
rezoning to B-4 Highway Business District pending the approval of a Building, Site and Operation Plan
for All Star Rentals. The B-4 District lists “Service and sales establishments for automobiles, including
body repair shops and used car lots, but not including the storage of junked or wrecked automobiles ”
and parts as a permitted use by Conditional Grant. However, this will be a holding lot of vehicles not
ready for sale, meaning this would be storage of junked or wrecked automobiles. Therefore, approval
of a new rezoning to M-2, which allows Junkyards or salvage yards as a Conditional Use Grant would
be required.
A copy of the petitioner’s plan is attached. The remainder of this Supplement is from the last meeting.
Likewise, the Resolution has not been changed from last month to continue discussion.
STAFF DISCUSSION PC 056-2021
Beginning at the 2019 annual review, Frey Auto has not been in compliance with the approved Conditional Use
Grant. Due to this, the following steps have been undertaken:
- For the March 2020 Plan Commission meeting, at the initial compliance inspec tion there were multiple
violations found. A letter was sent to the petitioner and a week later the site passed a site inspection.
The Plan Commission still required a six-moth review via Resolution PC 006-2020 and a letter was
sent notifying the petitioner of subsequent site inspection.
- For the September 2020 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. A letter was sent and at the follow -up inspection the same issues
remained. The Plan Commission then required a three-month review to consider possible
suspension/revocation of the Conditional Use Grant in Resolution PC 053-2020.
- For the December 2020 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. In Resolution PC 075-2020 the Plan Commission again required a three-
month review to consider possible suspension/revocation of the Conditional Use Grant.
- For the March 2021 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. A letter was sent and at the follow-up inspection the site was found to be
complying with the initial Conditional Use Grant. Even with this temporary compliance, based on the
past non-compliance, the Plan Commission still scheduled a six-month review with monthly site
inspections to ensure compliance was continued to be found, via Resolution PC 009-2021.
Based on the requirements above, monthly site inspections have taken place over the past 6 months. The
inspection on March 22, 2021 found multiple violations including vehicles parked in areas that are either not
marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant for traffic and
emergency access, vehicles parked on the grassy area, and many vehicles believed to be owned by Frey Auto
parked in the site previously used by the petitioner. Additional site inspections occurred monthly as directed by
the Plan Commission on April 22, 2021, May 17, 2021, June 23, 2021, July 27, 2021 and August 18, 2021.
Each site visit found identical violations from the originally approved Conditional Use Grant. Additionally,
several of the inspections found junked vehicles on-site and vehicle parts stored outdoors and not within the
fenced area where these unsightly parts/junk vehicles are allowed to be stored.
As you will see from the monthly inspections noted above and through the entire past history of this site,
compliance has never been found at the first inspection. In the case of the 6 monthly inspections, compliance
was never found, even with compliance violation/reminder letters being sent after each site inspection.
Due to the extensive periods of continued non-compliance, there are several options that the Plan Commission
may consider moving forward. The options to consider include any or all of the following:
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1. Direct staff to issue citations back dated to March 22, 2021, since that is when the most recent round
of non-compliance inspections/violations occurred. The citations could be issued for failure to follow
the approved BSO and/or CUG for the property and for unsightly outdoor storage. When citations are
issued, each day that a violation has occurred/continues constitutes a separate offense for each
separate citation.
2. The Plan Commission could recommend to the Common Council to terminate the Conditional Use
Grant for Frey Auto due to continued non-compliance. This solution will not allow the petitioner to
operate and business activities on-site until compliance is achieved and they re-submit a plan for the
Plan Commission to discuss and approve. If the CUG were terminated, then the City would be
required to contact the State DMV to alert the that the City’s approval for said dealership is no longer
valid.
Due to the continued disregard for the conditions of approval of the original Conditional Use Grant, staff
recommends both the issuance of citations and the recommendation for termination of the CUG. It is obvious
that ramping up the Plan Commission reviews to six -month or even three-month reviews where the petitioner
sometimes appears, and other times does not, is not achieving any compliance by the petitioner. The amount
of time that the Plan Commission members and City staff have exhaust on trying to achieve site compliance on
this property has been strenuous and not the most officiant use of tax dollars.
Based on the discussion above, the Resolution is drafted requiring the two above noted final compliance items,
but the Plan Commission should discuss/amend the Resolution as they feel fit.
STAFF RECOMMENDATION PC 056-2021
Approval Resolution # PC 056-2021, subject to the compliance requirements noted in the Resolution.
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L O O M I S R D
LO O MIS D R
M U S K E G O D A M D R
L O O M I S R D
WC Land Information Office, WLIP, SEWRPC, Ayres Associates
I
Agenda Item(s)
Right-of-Way
Properties
0 200 400 Feet
Frey AutoS86 W16301 Loomis Drive
RESOLUTION #PC 056-2021Supplemental Map
Prepared by City of Muskego Planning Department 10
RESOLUTION #P.C. 056-2021
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE
ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY
LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34
(TAX KEY NO. 2293.996.002 / S106 W 16301 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and
Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road
(Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C.
055-2014, and
WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the
approval, and
WHEREAS, Approved plans permit the following:
• Seventy-eight (78) stalls for vehicles for sale,
• Ten (10) stalls for sale customer vehicles,
• Seven (7) stalls for employees,
• Fourteen (14) stalls for customer repair vehicles,
• Twelve (12) stalls for loaner cars,
• Two (2) stalls for tow trucks/deliveries,
• Two (2) enclosed outdoor storage areas,
• No vehicles can be used as signage,
• Signage and banners displayed on vehicles for sale is prohibited, except for a price
sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law, and
WHEREAS, Beginning at the 2019 annual review Frey Auto has not been in compliance with the
approved Conditional Use Grant, and
WHEREAS, Due to repeated failed site inspections, more frequent inspections and reviews were
requested by the Plan Commission, and
WHEREAS, At the March 2, 2021 Plan Commission meeting, a required was added to Resolution PC
009-2021 requiring monthly site inspection, for 6 months, and
WHEREAS, Site inspections were conducted March 22, 2021, April 22, 2021, May 17, 2021, June
23, 2021, July 27, 2021 and August 18, 2021 where noncompliance was found at all inspections
and violation letters were sent each time to the business owner, and
WHEREAS, Noncompliance violations/issues include vehicles parked in areas that are either not
marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant
for traffic and emergency access, vehicles parked on the grassy area, junked vehicles on-site and
vehicle parts stored outdoors, and many vehicles believed to be owned by Frey Auto parked in
the site previously used by the petitioner.
THEREFORE BE IT RESOLVED, The Plan Commission denies the annual review for Frey Auto due to
continued noncompliance of the original Conditional Use Grant conditions of approval.
BE IT FURTHER RESOLVED, The City will issue citations with fines dating back to March 22, 2021 for
failure to follow the approved BSO and/or CUG for the property and for unsightly outdoor storage.
BE IT FURTHER RESOLVED, The Plan Commission recommends the Common Council begin the
process of terminating the Conditional Use Grant for Frey Auto pursuant to Section 400-162 of the
Municipal Code.
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BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred: September 7, 2021
October 5, 2021
Introduced: September 7, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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1
Aaron Fahl
From:Adam Trzebiatowski
Sent:Monday, September 27, 2021 2:15 PM
To:Aaron Fahl; Rick Petfalski
Subject:FW: Frey Automotive
FYI ‐ JJ's Plan
‐‐‐‐‐Original Message‐‐‐‐‐
From: JJ Frey <jj@freyauto.com>
Sent: Monday, September 27, 2021 1:58 PM
To: Adam Trzebiatowski <ATrzebiatowski@cityofmuskego.org>
Subject: Frey Automotive
CAUTION: This email originated from outside the organization.
Do not click links or open attachments unless you recognize the sender and know the content is safe.
Adam,
With regards to compliance, the main plan I have to once and for all alleviate the yearly issues I have is to
purchase some land directly across the street from Ludwigs Cabinet shop on Muskego Dam road. Mike Erikson from
Allstar rentals currently owns about 15 acres there and would be willing to sell me a couple acres. I would work with
Keller as a general contractor and design an acceptable fenced in holding lot. Vehicles that will be made ready for
retail/wholesale operations will be stored in this holding area. It would be completely fenced in and illuminated at
night(minimally). I would grade it with the intent to block view of the inside contents as much as possible from the
surrounding roads. I would install a power gate(privacy) for entrance and security cameras would be in stalled. The
whole lot would be gravel with yearly roundup applications to keep vegetation at bay. The appropriate trees, schrubs
and bushes would be installed around the visible perimeter. I have already spoken with the one neighbor directly behind
and he is ok with the plan. It would be large enough to eliminate a large percentage of vehicles on my lot now to make
even current middle of the day operations stay in compliance. The fence company I spoke with said they are 9 months
out so this project should be complete by next spring. Depending on frost levels the grading, gravel, lights and fences
could be completed sooner.
As I spoke of in the last planning meeting the other option would be to buy the old gas station and fence in and
gravel the whole area. At this time there is a open DNR case on that property so the purchase of the property would
likely be delayed. I spoke with the owner(my previous landlord) and we were not able to come to a price agreement as
of yet. He had the property reassessed and pays taxes on $120k. Because of this I think we may never agree on a price
for the property anyway.
The proposal I spoke of with the new area is within close proximity to me and would not upset regular business
operations day to day unlike a similar project would on a property in a different city or even 5 miles away. This proposal
would in fact make many more day to day operations flow smoother and I ensure the city would not have to do monthly
inspections of Frey Automotive any more. I would ask for serious consideration of my proposal as the sooner it could be
approved the sooner Frey Auto would not be in non‐compliance with the city anymore!
Thank you,
J.J. Frey
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2
Frey Automotive LLC.
‐‐
This email has been checked for viruses by AVG.
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City of Muskego
Plan Commission Supplement PC 065-2021
For the meeting of: November 2, 2021
REQUEST: Approval of a Preliminary Plat for the Apple Hills Subdivision
S81 W20871 Russet Court / Tax Key No. 2229.992.006
NE ¼ of Section 18
PETITIONER: John Marek
INTRODUCED: November 2, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 065-2021
The petitioner has submitted the Preliminary Plat for the Apple Hills subdivision. The name of the subdivision will
be Apple Hills although the Preliminary Plat has a Rolling Meadows title as the name of the subdivision. The
proposal includes ten (10) single-family lots and one (1) outlot. The development includes a cul-de-sac extending
from the Russet Court roadway.
A rezoning was granted by the Common Council under Ordinance #14 63 on September 28, 2021 to allow the RS-2
Suburban Residence District zoning.
PLAN CONSISTENCY PC 065-2021
Comprehensive Plan:
The 2020 Plan depicts the properties for medium-density residential
development (densities of 1.0 – 2.99 units per acre). The proposal is
consistent with the plan with a density of 1.45 units/acre.
Zoning: The property was recently rezoned to RS-2 – Suburban Residence District
pending the approval of a Final Plat. The proposal is consistent with the code.
Park and Conservation
Plan:
The 2017-2021 Plan does not depict any park areas on this property nor any
trails on this property. The petitioner has identified a wetland area on the
property that is proposed to be filled.
Street System Plan:
All interior right-of-ways are proposed to be built to City standards and
dedicated to the City. A previous land transfer/sale has been found and the
petitioner will need to work with the City to purchase/transfer the City property
in order to dedicate the proper right-of-way.
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 outlot in the development.
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STAFF DISCUSSION PC 065-2021
John Marek is moving forward with a proposal for 10 single-family lots, resulting in approximately 1.45 units/acre or
1 unit per 30,041 square feet of land (gross). This density falls within the Medium Density Residential land use
category, which allows 1.0 to 2.99 units/acre. The proposed density meets the current 2020 Comprehensive Land
Use Plan requirements. The RS-2 zoning allows 20,000 square feet of land per lot with a typical minimum average
width of 110 feet.
The lots within the proposed subdivision range from 20,038 square feet to 32,598 square feet. For the lot width, the
developer must provide an exhibit that shows that all lots meet the minimum width of 110 feet. The largest of the
single-family lots has an existing home that meets all of the RS-2 Zoning District requirements. The outlot within
the subdivision will be reserved for stormwater management.
Access to the subdivision can be gained from an extension of Russet Court. A stub road is proposed to the south
for future interconnectivity. Both roads will be dedicated to the City as public streets. As ment ioned during the
rezoning process, there was a land transfer/sale previously that the developer must research and work with the City
in order to dedicate the property right-of-way for the extended Russet Court.
Two wetland areas have been identified o n the property that the petitioner intends to obtain the proper permits with
the DNR in order to fill. Any remaining 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 and Final Plat.
The Resolution is drafted to allow approval subject to technical corrections, which do not substantially impair the
plat prior to construction plans and final plat. The Resolution is drafted to permit planning and engineering
corrections prior to final plat approval.
The misc. items required in the resolution are as follows:
BE IT FURTHER RESOLVED, Any remaining 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 and Final
Plat.
BE IT FURTHER RESOLVED, A Developer’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, That a condition of this approval is the portion land within this plat boundary
that the City owns must successfully be sold/transferred to the developer before a Final Plat could be
approved and recorded.
STAFF RECOMMENDATION PC 065-2021
Approval of Resolution #PC 065-2021
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Agenda Item(s)
Right-of-Way
Properties
0 200 400 Feet
Joh n MarekS81 W20871 Russet Court
Resolution #PC 065-2021Supplemental Map
Prepared by City of Muskego Planning Department 17
RESOLUTION #P.C. 065-2021
APPROVAL OF A PRELIMINARY PLAT FOR THE APPLE HILLS SUBDIVISION
LOCATED IN THE NE ¼ OF SECTION 18
(S81 W20871 RUSSET COURT / TAX KEY NO. 2229.992.006)
WHEREAS, A preliminary plat was submitted by John Marek for the Apple Hills Subdivision
located in the NE ¼ of Section 18 (Tax Key No. 2229.992.006), and
WHEREAS, The name of the subdivision will be Apple Hills although the Preliminary Plat has a
Rolling Meadows title as the name of the subdivision, and
WHEREAS, A rezoning was granted by the Common Council under Ordinance #1463 on
September 28, 2021 to allow the RS-2 Suburban Residence District zoning, and
WHEREAS, The 2020 Comprehensive Plan has the area as Medium Density Residential
(densities of 1.0 – 2.99 units/acre) and the proposal meets this requirement, and
WHEREAS, The proposal includes ten (10) single-family lots and one (1) outlot used for
stormwater management, and
WHEREAS, The lots range in size between 20,038 SF and 32,598 SF, and
WHEREAS, The largest of the single-family lots has an existing home that meets all of the RS-2
Zoning District requirements, and
WHEREAS, The development will be serviced by municipal water and sewer and an extended
public road with curb and gutter, and
WHEREAS, The approval subject to technical corrections that do not substantially impair the plat.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Preliminary Plat for the Apple Hills Subdivision, located in the NE ¼ of
Section 18 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 110’.
BE IT FURTHER RESOLVED, Any remaining 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 and Final Plat.
BE IT FURTHER RESOLVED, That a condition of this approval is the portion land within this plat
boundary that the City owns must successfully be sold/transferred to the developer before a Final
Plat could be approved and recorded.
BE IT FURTHER RESOLVED, This approval is conditional upon all State, County, and City codes
being addressed.
BE IT FURTHER RESOLVED, A Developer’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.
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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: November 2, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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LOT 2
LOT 6
LOT 8
LOT 9
OUTLOT 1
RUSSET COURTLOT 7
LOT 10
LOT 1
LOT 3
LOT 4LOT 5
LEGEND
ROLLING MEADOWS
LOT 2 OF CSM 8290 RECORDED AT THE WAUKESHA COUNTY REGISTER OF DEEDS ON JUNE 10, 1997 IN
V. 72, P. 228-232 DOC. NO. 2220713, BEING PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 18, TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN.
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VICINITY MAP
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WIS.
JOHN DOWNING
S-2939
IXONIA
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DRAFT
PRELIMINARY PLAT
07/29/2021
PROJ. NO: 21160
SHEET 1 OF 1THIS INSTRUMENT WAS DRAFTED BY JOHN D. DOWNING, S-2939
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City of Muskego
Plan Commission Supplement PC 066-2021
For the meeting of: November 2, 2021
REQUEST: Recommendation to Common Council to amend Chapter 400 Zoning
PETITIONER: City of Muskego
INTRODUCED: November 2, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
DISCUSSION PC 066-2021
Staff had been directed by the Common Council and the Plan Commission to research and provide
modifications to the Zoning Code. Additionally, throughout the year staff retains various code updates
and tries to bring them all forward at one time for efficiency to avoid multiple meetings and multiple public
hearings. This is the same case here where we are going over multiple code changes that are required
due to clarifications, state code changes, or board requests. A public hearing for the Zoning Code
amendments was held on Tuesday, October 26, 2021 before the Common Council.
The changes that are included as part of this resolution tonight are further described below.
Section 400-23B(2)(e) – Adding a clarification to how a secondary setback/rear offset is applied from
underimproved or un-improved rights-of-ways.
Section 400-176A – Removes a timeframe for removing political signs.
Section 400-195C – Adding a stipulation when a taller light pole may be allowable for outdoor recreation
facilities.
Section 400-18D(1)(b) – Removes the language where the Zoning Board of Appeals hears and decides
special exceptions to the Zoning Code.
**Full details of the code amendments are include d as Exhibit A as part of the Resolution.
STAFF RECOMMENDATION PC 066-2021
Approval of Resolution PC 066-2021
21
RESOLUTION #P.C. 066-2021
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 400
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 400 regulates zoning regulations within the City of Muskego and portions of the ordinances
requires modification, and
WHEREAS, A public hearing took place to consider the amendments on October 26, 2021, and
WHEREAS, The specific sections being amended include: Sections 400-18, 400-23, 400-176, 400-195, and
WHEREAS, The proposed amendments relate to the setbacks/offsets of an unimproved or underimproved
secondary right-of-way, political sign timeframes, light pole height for outdoor recreation facilities and other
miscellaneous topics.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council for
the attached (Exhibit A) changes to Chapter 400 of the Municipal Code.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: November 2, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
22
Municipal Code Amendments – Fall 2021
Public Hearing/Common Council 1st Reading – October 26, 2021
Plan Commission Review & Recommendation – November 2, 2021
Common Council 2nd Reading & Possible Vote – November 9, 2021
Chapter 400 - Zoning
Setback Adjacent to Under-improved and Un-improved Right-of-Ways
Addition to setback requirements section for residential properties that have a rear lot line
adjacent to an un-improved or under-improved public right-of-way - Section 400-23B.(2)
(e) Where a public right-of-way exists that is under-improved or un-improved, and is a secondary
right-of-way along the rear of a property, the setback shall instead be treated as a typical rear
offset, based on the underlying zoning, as related to the location of structures on the
property. This does not apply along private roads, as defined by the Public Works &
Development Department. If an under-improved or un-improved right-of-way becomes
improved to City standards, then said structures allowed per the location waiver of this code
section would become legal non-conforming.
__________
Political Signs
Remove the duration limit as to when political signs need to be removed after elections -
Section 400-176A.
A. Political signs. Political signs may be erected in any district provided they are not a danger to
life or property, are located on property with the permission of the property owner, and shall
be limited to 32 square feet in size. All political signs, wherever located, must be removed
within 10 days after the election for which they were erected.
__________
Outdoor Recreation Lighting
Amend the maximum pole height for outdoor recreation lighting - Section 400-195C.
C. Exterior light sources. Any exterior light source shall not exceed a maximum pole height of 50
feet, unless the Plan Commission determines a taller pole height would not have a negative
impact on the surrounding area.
__________
Other Miscellaneous Zoning Codes
Remove code reference to the Board of Appeals being able to grant special exceptions
since the code does not specifically provide any special exceptions - Section 400-
18D.(1)(b)
(b) To hear and decide special exceptions to the terms of this chapter upon which such Board is
required to pass under this chapter.
__________
EXHIBIT A
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