Plan Commission Minutes 10052021 ApprovedCITY OF MUSKEGO
PLAN COMMISSION MINUTES
10/05/2021
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
APPROVED
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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.
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 fencing. 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 from the
property.
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 Trzebiatowski 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.
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 high -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 would 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