PHM20061211ZoningCode
CITY OF MUSKEGO COMMON COUNCIL Approved: 01/09/2007
MINUTES OF PUBLIC HEARING HELD December 11, 2006
The purpose of the Public Hearing was to hear comments on the proposed complete revision to
the City’s Chapter 17 Zoning Ordinance text and Official Zoning Map. Comments can also be
given relating to the supporting revision to other adopted ordinances and plans including the
following: Changes to the 2010 Comprehensive Plan Map and certain ordinances in the Chapter
18 Land Division Ordinance and the Chapter 36 Wireless Facilities Ordinance.
Mayor Johnson opened the public hearing at 7:00 PM. Secretary Renk read the Public Hearing
Notice that was published on November 13, 2006.
Aldermen Madden, Schaefer, Melcher, Borgman, Buckmaster, Snead and Mayor Johnson were
present. Alderman Salentine was absent. Staff members present: Plan Director Muenkel, City
Administrator Sheiffer and Associate Planner Trzebiatowski.
Director Muenkel gave a PowerPoint presentation, which included Zoning Code changes, Zoning
Map changes, a 2010 Map change and Chapters 18 and 36 changes. Director Muenkel
explained the majority of the Zoning Code has not been updated since Muskego was a Town in
1963. Over the past year and a half Staff has been re-writing the Zoning Code. The Plan
Commission reviewed the re-write chapter by chapter, Committee of the Whole briefly reviewed
the changes and it is now at the Public Hearing stages for public comment before Council
approval.
Director Muenkel stated there are a variety of different zoning districts and overlays under the
current Code. The proposed Zoning Code eliminates certain districts and creates new districts.
Planning Staff was given direction from Council that the Zoning Code should coexist with the
Comprehensive Land Use Plan current uses and should also reflect the current policies of the
City.
Director Muenkel discussed several of the changes to the Zoning Map.
HC-1, Historic Crossroads District – allows more commercial mix uses, originally only for the Tess
Corners area and now will be expanded to Pioneer Drive. The buildings will be allowed closer to
the right of way to encourage a historic downtown atmosphere.
EA, Exclusive Agriculture – established in the 1980’s for the farmland tax credit. Allows the same
type of uses, now changed to only the parcels utilizing the tax credit program.
DR-1 -Downtown Revival District – This district will include properties along Janesville Road from
Bay Lane to Racine Avenue. Closer setbacks to the roadway will be allowed to encourage
development and to benefit those owners who will lose parking or a structure to the new roadway.
Director Muenkel noted the Zoning Map should mimic the 2010 Plan’s use or current use of the
site. A property may have been used for agriculture and zoned RS-2, but has not yet been
developed. The new code will propose completely agriculture zoning. When the property owner
wants to redevelop the property their proposal must meet the 2010 Plan.
Director Muenkel explained the change to the 2010 Map. The gateway along Racine Avenue and
Tans Drive and Racine Avenue is currently planned for high density residential and industrial
uses. It is in the City’s best interest for these areas to be zoned commercial.
Chapter 18, Land Division Ordinance – changes will include the Conservation Subdivision
Ordinance currently requires 50% open space being changed to 60% open space with a bonus
parcel given for 70% open space.
The Public Works policy for dedicated right of way will be added to the Land Division Ordinance
and will require the roadway to be constructed to City standards.
Chapter 36, Wireless Facilities Ordinance – changes will include only renaming of the zoning
districts. The Table of Zoning Districts will remain the same and show where wireless facilities
will be allowed.
Director Muenkel noted the Design Guides have been changed to reflect the new zoning code.
Director Muenkel concluded the presentation by stating any written comments are recommended
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and should be submitted by January 3to the Plan Department. Council will have a second
reading in January where Staff will discus any comments received with the Council.
Director Muenkel read two letters (attached) submitted for public record summarized below:
Paul Kolaga, North Cape Rd and Durham Drive (tax key #2253.998 and #2253.998.003) – not in
favor of their property being rezoned to RC-2. On July 11, 2006 SEWRPC approved an
amendment for their property to be included in the sewer service area. Currently the property is
zoned R-2 and R-3. They were under the impression that once the land was brought into the
sewer service area the zoning would be changed to RS-2, which complies with the 2010 Land
Use Plan. The proposed zoning map shows the land to be rezoned to RC-2. Lots of this size
would not be economical to develop on sewer and water but on septic and well.
Harold and Carol DeBack, Crystal Lake area – currently zoned RS-2, a portion of the land is
already in the sewer district. Important family and estate planning has been made based on the
current zoning. Plans were submitted months ago for development and they were not notified
until recently of the proposed changes. Investments have been made into subdivision plans and
sewer assessments.
The following individuals commented or asked questions:
April Kraklow, S66 W19678 Tans Drive – questioned how the rezoning would affect the
assessment and taxes and does she have a say as to how it is zoned. Director Muenkel
explained the assessment is based on the current use of the land and that would not change
unless the land use was changed. By submitting a form you can leave your comments for the
Council to take into consideration.
Jim Doering, Towne Realty – questioned the minimum floor area for a two-story residence on
page 212 of the Zoning Ordinance. Director Muenkel explained this should be a range and will
be corrected.
Also, would like the City to reanalyze the 75% open space rule per lot. The perception of highest
quality for a new home is a side entry garage. Side entry garages add square footage to the
driveway for the turning radius and will be close to exceeding the 75% open space.
Agrees with Mr. Kologa. It becomes an economical challenge, as a developer, to bring in sewer to
the larger lots.
Robert Zelinski, W194 S989 Racine Ave – questioned if the zoning options for single family
residential will be staying the same. Director Muenkel stated for almost every existing district
there is another district with a new name.
Also, Mr. Zelinski stated lot size and lot width should be doubled when not serviced by sewer.
The owner should take the lot size into consideration when planning their home.
Also, questioned the zoning option change for the area south of Woods Rd and Janesville Road
for the underdeveloped part of the City. Feels the zoning options should remain low density. Do
not allow RS-2 and RS-3 zoning. Wants to see the environmental corridor stay the same as it is
today.
Blenda Treba, S77 W19854 Holly Patch Ct – Schaefer Farm on North Cape, her and her partner
purchased the property 10 years ago and have been waiting for sewer and water. The
conceptual plan has been drawn up and they just found out in November that the zoning for the
area will be changed. The numbers do not work and people do not want the bigger lots.
Lynn Kurer, W143 S8012 Schultz Ln – owns the 100-acre farm on Durham Drive between
Carity’s Development and Towne Realty’s Development. Does not want the zoning changed.
Owned the property for over 20 years. Does not want to be forced to sell to a developer. By
taking the current zoning away you take the value away. A 20,000 square foot lot will turn into a
120,000 sq ft lot. Has an assessment of $200,000 on the property for water. If the property is
developed it would have to be connected to municipal water. Leave the zoning be. City does not
like spot zoning but that would be spot zoning.
Also, the Atonement Lutheran Church property would be affected by the proposed changes. Ms.
Kurer purchased the property in part to build Bushy’s and the remaining land to be purchased
once the church leaves. The property was appraised under the current zoning and she was
granted a loan commitment. If you take the zoning away the appraisal would be lost. The zoning
makes the land valuable. Suggested extending the HC-1 zoning from Tess Corners. The historic
lampposts and walking path were installed at Bushy’s to fit the historical design. If it is necessary
to change the zoning consider changing it to a mix use HC-1, or leave as is, which is something
comparable to the existing RSA/OIP districts.
Diane Ekstrand, W183 S8894 Racine Ave –Muskego is losing the charm it once had. High
density is putting a burden on taxpayers. The increase in tax base is burdening the schools,
roads, sewers and fire services. Need to diversify the tax base. Access off the freeway is
important to enhance and attract the commercial development. There are still a number of
people who want 1-1 1/2 acre lots. The rural atmosphere needs to be maintained south of
Woods Road.
Michael Kuwitzky, W188 S10793 Kelsey Drive – Commended the Plan Commission and Plan
Department on their hard work. In favor of the changes to the zoning code. In favor of leaving
the area as rural as possible. Stated the drainage from Crystal Lake comes onto his property and
he has photos demonstrating this.
Eric Schroeder, W131 S8437 Eagles Way – When a property is rezoned and sits idle 15-20
years, time goes by and the flavor of the Community changes. In favor of the proposed changes.
Staff did an excellent job. Sympathizes with the people who had plans and are being taken a
step back, but it is for the betterment of the Community. Suggested if a property is rezoned and
sits idle for a number of years it should revert back to the pervious zoning.
Kalvin Klemek, Pioneer Engineering – Represents Tracey Weber, developer of the Harold
DeBack property and the parcel to the southeast. Contracts and planning began in June of 2005.
Mid January the site plan was submitted for 40 acres. Staff reviewed and requested the DeBack
parcel be added to the 40-acre parcel (Kelsey Drive-East /Muskego Dam-South /Racine Ave-
West) so an overall concept could be reviewed. Would be better if these changes were proposed
a year ago prior to this investment. Working with Engineering to connect to Town of Norway
sanitary sewer. Likes the idea to double the size of the lot for well and septic in RS-2 zoning. Mr.
Weber recently purchased a 3-acre parcel to make sure there are two points of access. All
planning has been based on existing zoning. If the zoning were changed to Agriculture they
could not get an appraisal to fund the development. Asking the City to maintain the RS-2 zoning
for Harold DeBack and change the other 40 acres to Agriculture.
Warren Miller, W207 S7994 Hillendale – Keep the New Berlin gravel pit zoned Industrial. Stated
there is a problem with the sanitary landfill next to his lot zoned RS-2. Zoning should be looked
at on an individual basis. Conservation subdivisions may not be developed if the open space
goes to 60-70%. Concerned with the landfill being developed.
Attorney Mike Schober, 16845 W Cleveland Ave, New Berlin – Representing the DeBack
property. All properties are not the same and the City needs to find a balance that fits the
Community. Farmers are being hurt by having to develop large acre lots. Family and estate
planning has been based on the RS-2 zoning. Money has been spent by the property owner for
City fees and sewer assessments. Unique properties should be dealt with on an individual basis.
Rick Petfalski, W194 S8184 Highland Park Drive – This does not stop the ability to develop, it
may impact how dense and how much money they will make. Agrees with the process. Mr.
Petfalski stated as a member of the school board there is a direct correlation on school taxes
going up based on the state aid funding formula per head. Taxes were actually down this past
year as enrollment declined.
The public hearing was closed at 8:30 PM
Respectfully submitted,
Kellie Renk
Recording Secretary