PCA20120709 (2)CITY OF MUSKEGO
PLAN COMMISSION AGENDA
6:00 PM Monday July 9, 2012
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE JUNE 5, 2012 MEETING
OLD BUSINESS FOR CONSIDERATION The following agenda items have been deferred by
the Plan Commission and are recommended by the Community Development Department for
individual consideration.
None.
OLD BUSINESS SCHEDULED FOR DEFERRAL The following agenda items have been
deferred by the Plan Commission. Planning Department staff have reviewed each case and
determined that they have not met one or more specific criteria for approval and are
recommended for deferral en gross. However, the Plan Commission may take action on any
item herein.
None.
CONSENT BUSINESS The following agenda items have been received by the Community
Development Department and are recommended for approval en gross.
RESOLUTION #P.C. 035-2012 — Approval of an Accessory Structure for the Robert Anderson
property located in the NW '/4 of Section 32 (Tax Key No. 2286.998.001 / S103 W20171
Kelsey Drive).
RESOLUTION #P.C. 038-2012 — Recommendation to Common Council to Amend Chapter 36
- Wireless Communications Facilities of the Municipal Code relating to Public Safety
Communications.
RESOLUTION #P.C. 039-2012 — Approval of a Two Lot Certified Survey Map for the James
Baseler property located in the NE '/4 of Section 18 (Tax Key 2232.981.001 / W207 S8602
Hillendale Drive).
RESOLUTION #P.C. 040-2012 — Approval of an Accessory Structure for the Gary Hartson
property located in the SW '/4 of Section 26 (Tax Key No. 2263.999.003 / W152 S9901 Thode
Drive).
RESOLUTION #P.C. 043-2012 — Approval of a Mother -In -Law unit for the Pohlhammer
property located in the NW 1/4 of Section 2 (Tax Key No. 2166.081 / W148 S6472 Brookside
Drive).
Plan Commission Agenda, continued
July 9, 2012
NEW BUSINESS FOR CONSIDERATION The following agenda items have been received by
the Community Development Department and are recommended for individual consideration.
RESOLUTION #P.C. 034-2012 — Recommendation to Common Council for Revisions to the
2020 Comprehensive Plan — Chapter 8 and Future Land Use Map relating to future lake
access on Little Muskego Lake.
RESOLUTION #P.C. 036-2012 — Approval of a BSO Amendment for Frey Auto located in the
NW '/4 of Section 32 (Tax Key No. 2293.996.002 / Loomis Road).
RESOLUTION #P.C. 037-2012 — Recommendation to Common Council to rezone the Daniel
Hewitt property from RL-3 — Lakeshore Residence District to DR-1 — Downtown Revival District
located in the SW 1/4 of Section 9 (Tax Key 2195.999 / S76 W18026-40-58 Janesville Road).
RESOLUTION #P.C. 041-2012 — Approval of a BSO Amendment for 4Front Engineered
Solutions located in the NW % of Section 16 (Tax Key No. 2222.984.006 / W183 S8253
Racine Ave).
RESOLUTION #P.C. 042-2012 — Approval of a BSO Amendment for Juice Garden Cafe
located in the SE '/4 of Section 8 (Tax Key No. 2192.971 / W 189 S7839 Racine Ave).
NEW BUSINESS PLACED ON FILE The following agenda items have been received by the
Community Development Department and assigned case numbers. Community Development
Department staff will review each case in the order received and will present each item for
consideration by Resolution at future meetings in the order received, subject to the time frames
provided by Municipal Code and Wisconsin Statutes.
None.
MISCELLANEOUS BUSINESS
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.
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 COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
PAGE 2
CITY OF MUSKEGO
PLAN COMMISSION MINUTES UNAPPROVED
6:00 PM Tuesday June 5, 2012
Muskego City Hall, W182 S8200 Racine Avenue
Mayor Chiaverotti called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Kathy Chiaverotti, Ald. Soltysiak, Commissioners Hulbert, Noah, Buckmaster, and
Stinebaugh and Director Muenkel and Recording Secretary McMullen.
EXCUSED
Commissioner Jacques
Recording Secretary McMullen noted that the meeting was properly noticed on June 1, 2012 in
accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE MAY 1, 2012 MEETING Commissioner Buckmaster
made a motion to approve the minutes of the May 1, 2012 meeting. Commissioner Noah
seconded. Upon a roll call vote, motion to approve the minutes was ADOPTED unanimously.
OLD BUSINESS FOR CONSIDERATION
None.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS.
None.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 032-2012 — Recommendation to Common Council to rezone a property
from A-1 — Agricultural District to RS-2 — Suburban Resident District for the DeBack property
located in the SE '/4 of Section 32 (Tax Key 2288.996.003 / Crystal Cove Subdivision).
Commissioner Stinebaugh made a motion to ADOPT. Commissioner Buckmaster seconded.
Director Muenkel explained the petitioners, Bill Carity and Harold DeBack, are requesting a
rezoning from A-1 Agricultural District to RS-2 Suburban Residence District for a future
subdivision. The 2020 Comprehensive Plan identifies this area as Rural Density Residential and
no change is required. This rezoning was a condition of the preliminary plat approval on March
6, 2012. The bulk of the subdivision is already zoned RS-2. All lots within the subdivision are
proposed to be at least 88,898 square feet in size or greater in order to meet the density
requirement of the 2020 Comprehensive Plan. Formal development of this subdivision is subject
to approval of construction plans, subdivider's agreement, letter of credit, and final plat. A public
hearing took place on May 2, 2012 and only the developer spoke in favor of the rezoning. Staff
has not received any comments for or against the rezoning. Staff recommends approval. Upon
a roll call vote, Resoltuion #P.C. 032-2012 was ADOPTED unanimously.
#P.C. 033-2012 — Discussion of a Conceptual Rezoning and Proposal for Parkside Memorial
Cemetery located in the SE '/4 of Section 2 (Tax Key 2168.962 / S69 W14105 Tess Corners
Drive). Director Muenkel explained this item is for discussion to give the petitioners direction and
Plan Commission Minutes, continued
June 5, 2012
there is no formal Resolution at this time. There are many more details that need to come out
before the formal rezoning and public hearing should take place. The petitioners are requesting
a rezoning from RS-2 Suburban Residential District to 1-1 to allow a cemetery and structures.
Two properties are proposed with parcel 1 containing a receptionist area, offices and bathrooms,
community room, two chapels, and a crematorium. Parcel 2 will contain 16 burial sites,
mausoleums with niches and crypts, veteran's area, asphalt road, crushed stone trails, pond with
sitting park, and a pet section. The Comprehensive Plan shows the property as Medium Density
Residential. This proposal would require a change in the Comprehensive Plan to Government,
Institutional, Transportation, and Utilities. The following are questions staff would need more
information on for a future submittal:
• Neighbor's concerns?
• How will the properties and buildings be maintained and how funds for future
maintenance be set up?
• What would be the timeframe for phasing?
• Will there be fencing?
• How will parking be provided?
• Future engineering may be required as the property is close to or in flood fringe and
wetlands
• Will the 17 acres be allowed with City approval when the State requires 20 acres?
• What is the distance to habitable structures from the cemetery?
• Regulations on funeral establishments on the same property as the cemetery
• Crematorium concerns
• How will the site and use overall operate (future BSO is needed with rezoning proposal)?
Director Muenkel noted this could be a unique opportunity that might not be currently available to
the general public. The 1992 Comprehensive Plan looked into cemeteries. The 2020
Comprehensive Plan does not go into detail on this subject, but it was mentioned on surveys the
City received related to the 2020 Comprehensive Plan. Director Muenkel added that before
coming back for a formal rezoning, State requirements should be met and what state statutes
would need to be waived by the City should be known as well. A full site plan and building plans
should also be available.
The Kosobuckis and Murphys were present to discuss this development. Brain Kosobucki
explained there are a lot of unknown State requirements. The project will be done in two
phases. Per State requirements the funeral home and cemetery have to be separate
properties/ownership. The State requires 20 acres for a cemetery, but this property is only 17
acres. Mr. Kosobucki explained the City has the authority to override this requirement. This
development would be a park -like setting with no head stones and everything being flush with
the ground. Park benches, large berms and fencing with a single point entry will be installed. A
50 foot road would be installed to allow cars to be parked on both sides and still have room for
traffic and emergency vehicles. Craftsman style architecture will be used on the buildings to tie
into the district. The buildings will be located in one central location. Mr. Kosobucki added they
would like to create a quiet, low environmental impact, low traffic development. This
development would be an asset to local churches, funeral homes, and businesses.
Patrick Murphy gave some background on the property. Mr. Murphy explained his grandparents
owned the property since 1971 and ran Parkside Nursery from the property. Since they have
passed away the nursery business no longer operates. The family would like to keep the
property undisturbed and beautiful. A memorial cemetery in the City would provide something
the City needs while creating jobs.
PAGE 2
Plan Commission Minutes, continued
June 5, 2012
Commissioner Noah questioned if there would be someone on site and if there would be 24 hour
a day access. Mark Kosobucki explained there would be a gate to restrict access and there
would be set business hours.
Commissioner Hulbert questioned if there will be an account set up for future maintenance.
Mark Kosobucki stated 15% of every lot and niche sold would go into an account. Director
Muenkel added that a new ordinance would be put into place and an agreement and bond may
be set up for future maintenance issues per state statutes. Commissioner Hulbert also asked if
soil borings have been completed because the water table could be high in this area. Mr.
Kosobucki stated they have not completed soil borings.
Commissioner Buckmaster stated he has concerns with placing a cemetery business into an
existing residential area and questioned what the residents would think of this. Commissioner
Buckmaster noted there are a lot of questions that need to be answered and a lot to do to
accommodate this development such as a zoning and comp plan change. Commissioner
Buckmaster suggested getting the residents thoughts and concerns before coming back with the
formal rezoning.
Consensus was given that the petitioners should have all these questions/tasks completed
before a formal rezoning is sought.
NEW BUSINESS PLACED ON FILE
None.
MISCELLANEOUS BUSINESS
Determine July Meeting Date — Monday July 9, 2012. The next meeting date will be Monday
July 9, 2012. Commissioner Hulbert stated he would not be able to make the meeting.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 6:46 PM. Commissioner Noah seconded.
Upon a voice vote, motion carried. With no further business to come before the Commission,
the meeting was adjourned.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
PAGE 3
City of Muskego
Plan Commission Supplement PC 035-2012
For the meeting of. July 9, 2012
REQUEST: Metal Accessory Structure
Tax Key No. 2286.998.001 / S103 W20171 Kelsey Drive
NW '/4 of Section 32
PETITIONER: Robert Anderson
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 035-2012
The petitioner is proposing to construct a 4,455 square foot metal accessory structure on site. 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 appropriate 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 not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 035-2012
Comprehensive Plan: The 2020 Plan depicts the area for Medium Density Residential uses. The
proposal for a residential outbuilding is consistent with the Plan.
The property is zoned RS-2, Suburban Residence District. Accessory
structures totaling 5,234 square feet are permitted on the subject property. The
proposal is to add a new 4,455 square foot accessory structure. There is an
Zoning: existing accessory structure on the lot that is 630 square feet in size, that is
going to remain. The proposal meets the bulk requirements of the Zoning Code
except the architectural requirements of accessory structures and since it's a 2nd
accessory structure.
STAFF DISCUSSION PC 035-2012
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. Also, the code requires
Plan Commission approval for a 2nd accessory structure.
The petitioner is proposing a steel sided, steel -roofed structure with 2- foot overhangs. The walls are proposed to
be pinewood in color and the roof and trim will be brown in color, which are all similar to the colors of the home.
The location of this building about 300 feet from the street. The proposed building is shown having decorative
elements such as wainscoting, windows, cupolas, varied roof lines, and overhangs similar to the house.
The petitioner has stated that the proposed building will be used for personal storage (camper, boat, truck, cars,
snowmobiles, trailers, etc.).
The Resolution also states the following items:
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or
concrete slab per the Zoning Code and it must meet all applicable building codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the
house.
STAFF RECOMMENDATION PC 035-2012
Approval of Resolution #PC 035-2012, finding that there will be no undue harm to the surrounding
properties, the building is located about 300' from the nearest street, and the location of the overall
property is fairly secluded from the neighboring properties.
Resolution #PC 035-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
vV LEGO 6I/265ing /2012epartment
Supplemental Map
Property Owner:
Robert Anderson
S103 W20171 Kelsey Drive
RESOLUTION #P.C. 035-2012
APPROVAL OF AN ACCESSORY STRUCTURE FOR THE ANDERSON PROPERTY
LOCATED IN THE NW '/4 OF SECTION 32
(TAX KEY NO. 2286.998.001 / S103 W20171 KELSEY DRIVE)
WHEREAS, A site plan and building drawings were submitted by Robert Anderson to construct a
4,455 square foot metal accessory structure on their property located at S103 W20171 Kelsey
Drive (Tax Key No. 2286.998.001), and
WHEREAS, The property is zoned RS-2, Suburban Residence District and said structure is a
permitted accessory use and subject to Plan Commission review due to the proposed
architectural materials shown and since it's a 2nd accessory structure, and
WHEREAS, There is an existing house on the property with one other accessory structure, and
WHEREAS, The existing accessory structure is 630 square feet in size and it will remain on the
property, and
WHEREAS, The owner stated that the accessory structure will be used for personal storage
(camper, boat, truck, cars, snowmobiles, trailers, etc.), and
WHEREAS, The total allowed square footage for accessory structures on this property is limited
to 5,234 square feet, and said proposal meets the bulk requirements of the Zoning Code, and
WHEREAS, The structure is proposed to be constructed with steel walls and a steel roof and said
proposal does not meet the Plan Commission's standards for administrative approval of
residential accessory structures as the siding and roofing does not match the materials used on
the primary residence, and
WHEREAS, The walls are proposed to be pinewood in color and the roof and trim will be brown in
color, which are all similar to the colors of the home, and
WHEREAS, The accessory structure will have 2-foot overhangs, and
WHEREAS, The proposed building is shown having decorative elements such as wainscoting,
windows, cupolas, varied roof lines, and overhangs similar to the house, and
WHEREAS, The structure is located about 300' from the nearest street and the location of the
overall property is fairly secluded from the neighboring properties.
THEREFORE BE IT RESOLVED, That the Plan Commission approves a 4,455 square foot metal
accessory structure submitted by Robert Anderson for their property located at S103 W20171
Kelsey Drive (Tax Key No. 2286.998.001).
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed
concrete block, or concrete slab per the Zoning Code and it must meet all applicable building
codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to
the colors of the house.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure
due to no undue harm to the surrounding properties, the building is located about 300' from the
nearest street, and the location of the overall property is fairly secluded from the neighboring
properties.
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: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
Detailed Plans fog Pole Bain
S103 W20171 Kelsev Dr
1. Pole barn to be used for personal storage, camper, boat, truck, cars, snowmobiles,
trailer etc.
2. I'm building a pole barn instead of a conventional garage because of its size, and
many of my neighbors have the same type and color along Kelsey Dr.
3. The color of the pole barn will be identical to that of my house. The color of the trim
on the house will match the trim on the barn. The colors are body pinewood the roof and
trim brown and overhead doors white
4. The building will be set back off the road about 300 feet and the Earth tone colors will
be pleasant to view and the building will be hard to see by any of my neighbors.
Thank you
Home owner
Robert Anderson
i
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DR IVE
DUE EAST
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City of Muskego
Plan Commission Supplement PC 038-2012
For the meeting of: July 9, 2012
REQUEST: Chapter 36 Code Changes
PETITIONER: City of Muskego
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
DISCUSSION PC 038-2012
The Police Department is currently looking at ways to improve safety through wireless calls to their 911
dispatch center. The following code change is recommended by the City Attorney as part of this process and
Plan Commission recommendation is required since this is part of the City's Chapter 36 code which is in part of
the City's Zoning Code.
SECTION 1: Chapter 36 of the City of Muskego Municipal Code entitled "Wireless Communications Facilities,
Section 36.04 entitled "General Performance Standards," subsection (6) entitled "Interference with Public
Safety Communications," is hereby repealed and recreated with the title "Public Safety Communications," as
follows:
(6) Public Safety Communications
(a) No new or existing telecommunications service shall interfere with public
safety telecommunications. All applications for new service shall be
accompanied by an intermodulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all potential
interference problems. Before the introduction of new service or changes in
existing service, telecommunication providers shall notify the municipality at
least ten calendar days in advance of such changes and allow the
municipality to monitor interference levels during the testing process.
(b) All new or existing telecommunications service providers shall route Cellular
911 calls originating within the City of Muskego directly to the City of
Muskego Public Safety Answering Point as demanded by the City of
Muskego Chief of Police, subject to the following. The Chief of Police shall
impose no demands that conflict with any express requirement of any State
or federal law or regulation, and all necessary procedures to implement this
change shall be made pursuant to applicable State and federal laws.
STAFF RECOMMENDATION PC 038-2012
Approval of Resolution PC 038-2012
RESOLUTION #P.C. 038-2012
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 36
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 36 regulates Wireless Facilities within the City of Muskego and a portion of the ordinances
requires modification in order to aid the City of Muskego Police Department to improve safety through wireless
calls to their 911 dispatch center, and
WHEREAS, Chapter 36 of the City of Muskego Municipal Code entitled "Wireless Communications Facilities,"
Section 36.04 entitled "General Performance Standards," subsection (6) entitled "Interference with Public Safety
Communications," is hereby repealed and recreated with the title "Public Safety Communications," as follows:
(6) Public Safety Communications.
(a) No new or existing telecommunications service shall interfere with public safety
telecommunications. All applications for new service shall be accompanied by an
intermodulation study which provides a technical evaluation of existing and
proposed transmissions and indicates all potential interference problems. Before
the introduction of new service or changes in existing service, telecommunication
providers shall notify the municipality at least ten calendar days in advance of
such changes and allow the municipality to monitor interference levels during the
testing process.
(b) All new or existing telecommunications service providers shall route Cellular 911
calls originating within the City of Muskego directly to the City of Muskego Public
Safety Answering Point as demanded by the City of Muskego Chief of Police,
subject to the following. The Chief of Police shall impose no demands that
conflict with any express requirement of any State or federal law or regulation,
and all necessary procedures to implement this change shall be made pursuant
to applicable State and federal laws.
WHEREAS, A public hearing took place to consider the amendments on June 26, 2012.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends the changes to Chapter 36 of the
Municipal Code.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 039-2012
For the meeting of. July 9, 2012
REQUEST: Two (2) Lot Land Division — Baseler Property
W207 S8602 Hillendale Drive / Tax Key Number 2232.981.001
NE'/4 of Section 18
PETITIONER: James Baseler
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 039-2012
The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. The
lots will range in size from 3-21.5 acres. Lot 1 contains an existing home and Lot 2 is vacant.
PLAN CONSISTENCY PC 039-2012
Comprehensive Plan: The 2020 Plan depicts the area for Rural Density Residential uses. The
proposal is consistent with the Plan.
Zoning: rlot.a
e property is currently zoned A-1 Agricultural District, which requires
m
inimum mlot size of 2.75 acres and average lot width of 300 feet per
Parks and Conservation Plan: The 2007-2011 Plan does not depict any park areas on this site. The
proposal is consistent with the Plan.
Street System Plan: All right-of-way has been previously dedicated.
Adopted 208 Sanitary Sewer
Service Area: rheslots will be served by private sewer system. The proposal is
istent with the Plan.
Water Capacity Assessment The lots will be served by public water. The proposal is consistent with
District: Ithe Plan.
Stormwater Management
Plan: A grading plan will need to be submitted to the Engineering Department
before building permits can be issued for Lot 2.
DISCUSSION PC 039-2012
Upon initial review of the CSM, the bulk requirements of the code appear to be met. Final engineering
review is pending and any review comments will need to be addressed before the CSM can be signed by
the City and recorded.
One item of note is that the resolution does read the following in order to have the CSM comply with
code requirements: That a note shall be placed on the CSM stating that buildings would have to be
removed from Lot 1 within 6 months of the recording of the CSM so that the amount of accessory
structure square footage on the lot will meet code requirements.
Staff recommends approval subject to meeting all technical corrections received from the Engineering
Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 039-2012
Approval of Resolution PC 039-2012
Resolution #PC 039-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
vV LEGO 6I/265ing /2012epartment
Supplemental Map
Property Owner:
James Baseler
W207 S8602 Hillendale Drive
RESOLUTION #P.C. 039-2012
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE BASELER PROPERTY
LOCATED IN THE NE'/4 OF SECTION 18
(TAX KEY NO. 2232.981.001 / W207 S8602 HILLENDALE DRIVE)
WHEREAS, On June 6, 2012 a Certified Survey Map was submitted by James Baseler for a two (2)
lot land division located in the NE '/4 of Section 18 (Tax Key No. 2232.981.001 / W207 S8602
Hillendale Drive), and
WHEREAS, The two parcels vary in size from 3 acres to 21.5 acres, and
WHEREAS, Said property is currently zoned A-1 — Agricultural District requiring minimum lot sizes of
120,000 square feet and an average minimum width of 300 feet, and
WHEREAS, The 2020 Plan depicts the area for Rural Density Residential uses and the proposal is
consistent with the plan, and
WHEREAS, Said parcels will be serviced by municipal water and private mound system, and
WHEREAS, Lot 1 contains a home and Lot 2 is vacant.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map
submitted by James Baseler for a two (2) lot land division of the property located in the NE '/4 of
Section 18 (Tax Key No. 2232.981.001 / W207 S8602 Hillendale Drive), subject to resolution of
technical discrepancies as identified by the City Planning Department and City Engineers, and
payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding
assessments if applicable.
BE IT FURTHER RESOLVED, That 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, That a note shall be placed on the CSM stating that buildings would
have to be removed from Lot 1 within 6 months of the recording of the CSM so that the amount of
accessory structure square footage on the lot will meet code requirements.
BE IT FURTHER RESOLVED, That 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: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
JUN Z& 201.2
CERTIFIED SURVEY AFAP vo
BEING A REDIVISION OF PARCEL 'F" OF CERTIFIED SURVEY MAP NO. 119% BEING A PART OF
THE SW 114 OF THE SW 114 OF SECTION 17 AND A PART OF THE SE 114 OF THE SE 114 OF
SECTION 18. TOWN 5 NORTH. RANGE 20 fsAST: IN THE CITY OF MUSKEGQ WAUKESHA COUNTY,
WISCONSIN.
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JAMES W BASEELER 4l�18
W207 S8602 HILLENDALE����
YUSKEGO, WI53150 �aam a
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City of Muskego
Plan Commission Supplement PC 040-2012
For the meeting of: July 9, 2012
REQUEST: Metal Accessory Structure
Tax Key No. 2263.999.003 / W 152 S9901 Thode Drive
SW '/ of Section 26
PETITIONER: Gary Hartson
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 040-2012
The petitioner is proposing to construct a 2,500 square foot metal accessory structure on site. 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 not found to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 040-2012
Comprehensive Plan: The 2020 Plan depicts the area for Rural Density Residential uses. The
proposal for a residential outbuilding is consistent with the Plan.
The property is zoned A-1, Agricultural District. Accessory structures totaling
2,644 square feet are permitted on the subject property. The proposal is to add
Zoning: a new 2,500 square foot accessory structure. There is an existing shed on the
property that is going to remain. The proposal meets the bulk requirements of
the Zoning Code except the architectural requirements of accessory structures.
STAFF DISCUSSION PC 040-2012
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 steel -sided, steel -roofed structure with 1- foot overhangs. The walls will be a saddle
tan color, the trim will be polar white, and the roof will be charcoal gray, which are all similar to the colors of the
home. The location of this building is over 1,000 feet from the street and is secluded from neighboring properties.
The proposed building is shown having decorative elements such as windows, cupolas, and overhangs similar to
the house.
The petitioner has stated that the proposed building will be used for personal storage.
The Resolution also states the following items:
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or
concrete slab per the Zoning Code and it must meet all applicable building codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the
house/garage.
STAFF RECOMMENDATION PC 040-2012
Approval of Resolution #PC 040-2012, finding that there will be no undue harm to the surrounding
properties, the building is located over 1,000' from the nearest street, and the location of the overall
property is secluded from the neighboring properties.
Resolution #PC 040-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
vV LEGO 6I/265ing /2012epartment
Supplemental Map
Property Owner:
Gary Hartson
W152 S9901 Thode Drive
RESOLUTION #P.C. 040-2012
APPROVAL OF AN ACCESSORY STRUCTURE FOR THE HARTSON PROPERTY
LOCATED IN THE SW '/4 OF SECTION 26
(TAX KEY NO. 2263.999.003 / W152 S9901 THODE DRIVE)
WHEREAS, A site plan and building drawings were submitted by Gary Hartson to construct a
2,500 square foot metal accessory structure on their property located at W152 S9901 Thode
Drive (Tax Key No. 2263.999.003), and
WHEREAS, The property is zoned A-1, Agricultural District and said structure is a permitted
accessory use and subject to Plan Commission review due to the proposed architectural
materials shown, and
WHEREAS, There is an existing house on the property along with one shed, and
WHEREAS, The owner stated that the accessory structure will be used for personal storage, and
WHEREAS, The total allowed square footage for accessory structures on this property is limited
to 2,644 square feet, and said proposal meets the bulk requirements of the Zoning Code, and
WHEREAS, The structure is proposed to be constructed with steel walls and a steel roof and said
proposal does not meet the Plan Commission's standards for administrative approval of
residential accessory structures as the siding and roofing does not match the materials used on
the primary residence, and
WHEREAS, The walls will be a saddle tan color, the trim will be polar white, and the roof will be
charcoal gray, which are all similar to the colors of the home, and
WHEREAS, The accessory structure will have 1-foot overhangs, and
WHEREAS, The building is shown having decorative elements such as windows, cupolas, and
overhangs similar to the house, and
WHEREAS, The structure is located over 1,000' from the nearest street and the location of the
overall property is secluded from the neighboring properties.
THEREFORE BE IT RESOLVED, That the Plan Commission approves a 2,500 square foot metal
accessory structure submitted by Gary Hartson for their property located at W152 S9901 Thode
Drive (Tax Key No. 2263.999.003).
BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business.
BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed
concrete block, or concrete slab per the Zoning Code and it must meet all applicable building
codes.
BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to
the colors of the house.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure
due to no undue harm to the surrounding properties, the building is located over 1,000' from the
nearest street, and the location of the overall property is secluded from the neighboring
properties.
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: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
0
STEEL BUILDINGS
Color shown may vary slightly from the actual color. Please call for a metal color chip to verify color selection-
29-Gauge
POLAR WHITE
SIR . 8 SRI 69
—TV i M
REGAL WHITE
SR.52 SRI61
GRAY'�
SR .46 SRI 53
DESERT SAND'
SR .42 SRI 48
CRIMSON RED
SR.33 SR134
LIGHT STONE
SR.50 SRI58
SADDLE TAN
SIR 48 SRI
AL6. 5
CHARCOAL GRAY
SR .28 SRI 29
IVORY
SIR .65 SRI 78
GALLERY BLUE
SR .28 SRI 30
BURNISHED SLATE'
SR.28 SRI 29
KOKO BROWN*
SR .28 SRI 29
COAL BLACK
SR.28 SRI 29
HAWAIIAN
SR.32 SRI35
BURGUNDY
SR .28 SRI 30
RUSTIC RED-'
SR.36 SRI40
IVY GREEN "
SR .28 SRI 30
GALVALUME PLUS°
SR .68 SRI 56
Please inquire for additional color availability, pricing and lead-times.
Worldwide Steel Buildings
800-825-0316 1 www.worldwidesteelbuildings.com
Worldwide Steel Buildings division of Heartland Manufacturing Group, Inc.
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PROJECT LOCATION; GARY HARTSAN
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MUSKEGD, M 53150
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City of Muskego
Plan Commission Supplement PC 043-2012
For the meeting of: July 9, 2012
REQUEST: Approval of a Mother-in-Law/Family Unit
W 148 S6472 Brookside Drive / Tax Key No. 2166.081
NW '/4 of Section 2
PETITIONER: Colleen Pohlhammer
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 043-2012
Petitioner is proposing to design a mother-in-law/family unit within the proposed dwelling at the
above address. Mother-in-law units are allowed as a permitted accessory use in residential
zonings subject to certain conditions.
STAFF DISCUSSION PC 043-2012
As stated, mother-in-law/family units are allowed as a permitted accessory use in residential
zonings subject to the following conditions:
Mother-in-Law/Family Units: Any portion of a single family residence, intended to be
occupied by a resident(s) related through blood, marriage or adoption to a host residence
occupant, being no greater than 800 square feet in size, that has an independent wing or
area that is self-supporting in terms of livable needs (i.e. unit includes a kitchen, bath,
den and bedroom), but is dependent on utility infrastructure of the primary residence.
Access to this wing or area may be obtained via one door to the outside and a second
non -lockable door or passage way to the main portion of the host residence. Access is
permitted to a garage area having no service door.
All such requests are subject to building, site, and operational plan approval of the Plan
Commission following written notice being distributed by the Plan Commission to
neighboring property owners within 100 feet of the subject property.
The petitioned mother-in-law/family unit shows that it will be used by related persons to the
family, will be self-supporting in livable needs and will have a passage to the main residence and
a door to the outside. The petitioned mother-in-law/family unit is 799 square feet in size. The
proposal meets all of the code requirements.
STAFF RECOMMENDATION PC 043-2012
Approval of Resolution # PC 043-2012
Resolution #PC 043-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
v V LEGO 6I/27/2012epartment
Supplemental Map
Property Owner:
Colleen Pohlhammer
W148 S6472 Brookside Drive
of
RESOLUTION #P.C. 043-2012
APPROVAL OF A MOTHER-IN-LAW UNIT FOR THE POHLHAMMER PROPERTY
LOCATED IN THE NW '/4 OF SECTION 2
(TAX KEY NO. 2166.081 / W148 S6472 BROOKSIDE DRIVE)
WHEREAS, On June 27, 2012 a petition for a mother-in-law/family unit was submitted by Colleen
Pohlhammer for the property located in the NW '/4 of Section 2, (Tax Key No. 2166.081 / W148
S6472 Brookside Drive), and
WHEREAS, Said property is zoned RS-1 Suburban Residence District where a mother-in-
law/family unit is allowed as a permitted accessory use as long as the following objectives are
met:
1. Must be occupied by a resident(s) related through blood, marriage or adoption to a host
residence occupant.
2. Must be no greater than 800 square feet in size.
3. Must have an independent wing or area that is self-supporting in terms of livable needs
(i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility
infrastructure of the primary residence. Access to this wing or area may be obtained via
one door to the outside and a second non -lockable door or passage way to the main
portion of the host residence. Access is permitted to a garage area having no service
door.
4. Subject to Plan Commission approval with written notice to residents within 100 feet of
the property, and
WHEREAS, The petitioned mother-in-law/family unit shows that it will be used by related persons
to the family, will be self-supporting in livable needs and will have a passage to the main
residence and a door to the outside, and
WHEREAS, The petitioned mother-in-law/family unit is proposed to be 799 square feet in size.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the mother-in-
law/family unit for the Pohlhammer residence located in the NW '/4 of Section 2, (Tax Key No.
2166.081 / W 148 S6472 Brookside Drive).
BE IT FURTHER RESOLVED, The mother-in-law/family unit must be used by related persons to
the family, must be self-supporting in livable needs, must have a non -lockable passage to the
main residence and a door to the outside, and cannot exceed 800 square feet.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the mother-in-law/family
unit at 799 square feet.
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: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
June 24, 2012
To Whom it May Concern;
This letter is in regards to the proposed plans for In-law addition on Brookside Dr., Muskego, W1. There
is a need for the addition due to a family situation and needed place for daughter and grandchildren to
1 ive.
Thank you,
Colleen Pohlhammer
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City of Muskego
Plan Commission Supplement PC 034-2012
For the meeting of. July 9, 2012
REQUEST: Recommendation to Common Council for Revisions to the 2020 Comprehensive Plan — Chapter 8
and Future Land Use Map — Relating to Future Lake Access on Little Muskego Lake.
PETITIONER: Community Development Department
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
DISCUSSION PC 034-2012
The Council adopted Resolution #049-2012 on April 24, 2012. This resolution was to formally terminate past
resolutions concerning the city pursuing the purchase of various Little Muskego lakefront properties for a future
park purposes. As part of this, the resolution reads:
BE IT FURTHER RESOLVED that the Common Council of the City of Muskego will remove the reference to the
lake properties in the Park and Conservation Plan and also directs City staff to bring forth 2020 Comprehensive
Plan amendments to possibly remove the "Future Lake Access" notations from the Plan.
The Council did remove the lake properties reference from the Park and Conservation Plan recently and now it
is time to consider the references noted in the 2020 Comprehensive Plan. As found attached, the public hearing
was noticed appropriately showing that the Council will consider amending the 2020 Comprehensive Plan to
remove all references to the lake access/park notations. These references simply consist of removing the
paragraphs in Chapter 8 found on page 218 noted below and the text and map notations scratched out on the
attached 2020 Land Use Map.
It should be noted that considerable time was put into the 2020 Comprehensive Plan including two surveys, 20+
public meetings, and various public hearings. The 2020 Comprehensive Planning Committee discussed the
lake park notations only due to input from the public over the two years the Plan was put together. Good
discussion of the 2020 Committee's thoughts may be found by Planning Commission as two members of the
2020 Committee are now a part of Planning Commission.
2020 Comp Amendments
It should also be noted that there is a section in the 2020 Plan regarding considerations when making
amendments to the Comp Plan. That text can be found below and Planning Commission should think about this
text in relation to making any amendments to the existing 2020 Plan.
Plan Amendments
The Comprehensive Plan is not a strict blueprint for development and land use patterns in the City of Muskego.
The Plan will be flexible as constraints of the environment and community desires may change. The
recommendations and objectives set forth herein were based upon existing factual data and the spoken priorities of
those involved in the planning process. During the course of the planning process, it was known by those involved
that constraints of the environment, infrastructure needs, or individual aspirations might change. Thus, this Plan
should be amended if demonstrated as appropriate to the Common Council. However, amendments should only be
made after a rational evaluation of the existing conditions and the potential impacts of such a change are made.
Thus, this Plan recommends that the following be answered and/or shown to the Common Council and Planning
Commission, with a public hearing, before any amendment request is fulfilled.•
1. What has changed with the parcel(s) since the adoption of the 2020 Plan that warrants a new
thinking/direction for the area?
2. Demonstrate that the proposed amendment is consistent in all respects to the spirit and intent of the City's
ordinances, is in conformity with the general plans for community development, would not be contrary to the
general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific
development plans have been prepared with competent professional advice and guidance, and that the
benefits and improved design of the resultant development justifies the variation from the normal
requirements of the adopted Comprehensive Plan.
3. Any other criteria that the Council and/or Planning Commission deems necessary. Said criteria may be
adopted in the form of an adopted policy by the aforementioned bodies of Muskego government.
Public Hearing
The public hearing was heard before Council on June 26`" and following was heard from people at the hearing
(six people spoke (5 for full removal of text and one for amending)):
• Little Muskego Lake is extremely accessible already
• Remove all lake access reference text from the 2020 Plan and map
• Staff is contradicting Council by providing a recommendation not to remove all the text
• Common sense to amend the text and not totally remove it as it isn't binding; "don't hamstring future
opportunities"
STAFF RECOMMENDATION PC 034-2012
Amend and Approve per staff recommended amendment attached below.
In all, staff doesn't see any doubt that having a lake access attached to a downtown could benefit and define a
city. Having such an asset is only unique to few municipalities and any opportunity should at least be
considered. In order to preserve at least this opportunity staff recommends that not all lake access references
are removed from the 2020 Plan but that they are simply amended. This proposed amended text can be found
below. Removing the exact locations desired for a lake park from the 2020 map and text is fair since we don't
know exactly where such a lake park could be defined in the future. However, the text in the 2020 Plan and Map
could still note that the City will consider a future lake park access should the current governing body decide to
and should an opportunity come the Council's way.
Approving the staff amendment does not solidify any requirement of the city to establish a lake park access in
any way. However, the amendment at least preserves the intent of the 2020 Comprehensive Plan when it was
adopted. The 2020 Plan again is an all -encompassing document that is in place until the year 2020. Removing
the lake access in totality seems to go directly against the planning process that the city employed over a three
year period with full public participation.
The amendment also shows that the City of Muskego believes that the lake is an asset to the present/future of
the community and that the city desires to still consider anything that may benefit the future prosperity of the
city. The city recently approved the new Marketing Plan which simply contains text for a future lake access
notion as well but doesn't formally mandate that a lake access take place (simply pointing out the future
opportunity for the community).
Lastly, it should be pointed out that there was no directive from the Common Council that the lake access
notations be removed from the 2020 Plan. Council simply passed Resolution #049-2012 to employ this process
we are discussing tonight to "possibly" look into removing or amending the 2020 Plan text.
Existing Amendments for Consideration
Chapter 8 - Page 218 -
.Fb;tbire L-a U„e ° eee g g Note (2hewa s A/efe 45a - *-5"b or 2020 Land Use Map)
promote in wed lake aGGess and view sheds to the lake in two .Jiff Fent o
The firSt an -ea hS IGGated along Lannon Dr4ve, just north of janesv4e Read (5a on the ngap). GenneGting lake aGGess to a
southem en
th.f_,; aAea to r--reate a large .1ake ar--r--ess; and view shed_ along the heavily traveled japeswille Road,
F=utuFe lake aGGesses and view sheds wX hopekilly bFing the lake baGk inte the GGMmuniq, and Greate new oppoilunit
feF Fesidents and Wsiter-s to epVey an eF��al amenity that M44skege has for- so long been based upon.
2020 Comprehensive Land Use Map -
This also includes the removal of the 5a and 5b designations on the 2020 Future Land Use Map along with the "Notes" text
found on the map (See the attached map for more details):
Staff Recommended Amendments
Chapter 8 - Page 218 -
Future Lake Access Note (Shown a Note -a _ 05b nn c70c7n -land Use map)
Bringing back the lake to downtown Muskego was a large topic during the formulation of this Plan. At this point of time,
there is no direct access or views to Little Muskego Lake from the downtown and Janesville Road. This Plan looks to
promote increased lake access and view sheds to the lake in t,.,e dram ,-ent
Recommendations of this DDA include that future decision making bodies be sensitive to how these lake accesses are
developed in order to assure that the access points work well with the surrounding land uses. Parcels may should be
looked to be purchased by the community as funds become available, development takes place, and/or properties go up
for sale.
Future lake accesses and view sheds will hopefully bring the lake back into the community and create new opportunities
for residents and visitors to enjoy an original amenity that Muskego has for so long been based upon.
2020 Comprehensive Land Use Map -
The staff recommended amendment would still include removing the exact locations (#5a and 5b) on the 2020 Future Land
Use Map as shown attached. However, we would propose that the "Notes" on the Future Land Use map be amended as
follows instead:
NOTES #5a-5b: Future Lake Access
Increased lake access and view sheds to the Little Muskego Lake %n t,44,, ,-Efferent areas is promoted to bring back the lake
into the community and for residents and visitors to enjoy an original amenity that Muskego has for so long been based
upon. ,
enne4upi4, is n the east se of the I ittle nn„s' ere I id ,' e ,pan, (Gh en the r~, n). The City should look to purchase parcels
as funds are available, development takes place, and/or properties go up for sale.
RESOLUTION #P.C. 034-2012
Recommendation to Common Council for Revisions to the 2020 Comprehensive
Plan — Chapter 8 and Future Land Use Map relating to future lake access on Little
Muskego Lake
WHEREAS, The Council adopted Resolution #049-2012 on April 24, 2012 formally
terminate past resolutions concerning the city pursuing the purchase of various Little
Muskego lakefront properties for a future park purposes, and
WHEREAS, As part of Council Resolution #049-2012 it read:
BE IT FURTHER RESOLVED that the Common Council of the City of Muskego will
remove the reference to the lake properties in the Park and Conservation Plan and also
directs City staff to bring forth 2020 Comprehensive Plan amendments to possibly
remove the "Future Lake Access" notations from the Plan.
WHEREAS, The proposed 2020 Plan amendments are found attached as part of this
process, and
WHEREAS, A Public Hearing was held regarding the proposed amendments on
June 26, 2012 in front of the Common Council.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend
the 2020 Comprehensive Plan changes per attached.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
2020 Plan Amendments Recommended
Chapter 8 - Page 218 — Strike the following:
2020 Comprehensive Land Use Map — Strike the following text on the map along with
the removal of the graphics denoting 5a and 5b (See the attached map for more details):
Existing Amendments for Consideration
Chapter 8 - Page 218 —
c� rPL-a k,-Q AGGess i s NP- h-Q 05a--05 ho oP—�t� La,,dUSe Map)
Bringing baGk the lake tA- d-P--44PtA-WP Adi skego WaS a iaFge tOpiG during the for.m-Wation of this POP 4t this point of thn--,
pr-omete iR wed lake aGGess and W sheds to the lake in t" .doff rent o
The first area �S IGGated along Lannon Dr4ve, just north of Jape-si4e Read (5a on the n4ap). GenneGtiRg lake aGGeSS
the map). A larger property exists to tho Q;;,;t of the d;;m fh;;t has the possib4ity to be inGOFPeFated AA theF pFOpeFtieg in
thi-,; a.re-a to r--reate a !aFge iake ar—r-ess and view Shed along the heavily tFaveledjape-swine. Road,
deveioped in ord-er to a-q8U.rP- that thP- ar-3-GeSS pOintS wp-rk Well With thin Sbi.rrn- bind-Og land uses. Parp-els sho-brid- b- in looked- to
F=utuFe lake aGGesses and view sheds wi# hopekilly bFing the lake baGk 4#9 the Gemngunity and GFeate new oppoilunit
feF residents and visiters to enjoy an er��al amenity that Muskege has for- so long been based i4pen.
2020 Comprehensive Land Use Map -
This also includes the removal of the 5a and 5b designations on the 2020 Future Land Use Map along with the "Notes" text
found on the map (See the attached map for more details):
CITY ❑F MUSKEGO
2020 LANE) USE
MAP LEGEND
.... . .... . .
.. ... ...... .
............ ..
............ .
.. ...... ..
AMENDMENTS
FE
k i i
City of Muskego
Plan Commission Supplement PC 036-2012
For the meeting of: July 9, 2012
REQUEST: Amended Business, Site, and Operation Plan for Frey Auto
Tax Key No. 2293.996.002 / Loomis Road
NE'/4 of Section 34
PETITIONER: Nathan Laurent, Keller Inc.
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 036-2012
On June 1, 2012 a re -submittal was received from Keller, Inc. for Frey Auto for revisions to a new auto
sales and service building located along Loomis Road (Tax Key No. 2293.996.002). The original BSO
and CUG were approved on September 6, 2011 under #PC 036-2011. The property owner is now
making some changes to the building and site and as such is now seeking said amendment.
CONSISTENCY WITH ADOPTED PLANS 036-2012
Comprehensive Plan: The 2020 Plan depicts the property for commercial uses. The petition is
Jconsistent with the Plan.
Zoning: The property is zoned B-4, Highway Business District. The use is permitted
subject to CUG and BSO approval.
STAFF DISCUSSION PC 036-2012
As noted above, this site received its BSO/CUG approvals on September 6, 2011 under #PC 036-2011.
Since that time the owner made some site and building alterations and as such is now requesting to
amend their previous approval. Since there is not a substantial change to the use of the site, a public
hearing for the CUG amendment should not be required, unless the Plan Commission feels a new
hearing is necessary. NOTE: All conditions of the previous BSO approval (per #PC 036-2011), other than
those modified by the new resolution, are still applicable.
The main items that area being changed are as follows:
1. The square footage of the building was increased to 7,689 SF with a 1,098 SF mezzanine level.
2. The rear portion of the building (containing the service bays) is being changed from full masonry
to the lower 12 feet being masonry with the upper 6 feet being steel panel and the roof in this
area is now going to be standing seam metal and is going to be lower than the front portion of the
building.
3. The parking lot layout and circulation have been changed and expanded. Here are the new
number of parking stalls on site:
• Sales Stalls — 172 (9'xl8')
• Customer Stalls — 21 (10'x20')
• Employee Stalls — 7 (10'x20')
• Repair Stalls — 9 (10'x20')
• Loaner Car Stalls — 12 (9'x20')
• Tow Truck & Delivery Stalls — 3 (10'x30')
4. The enclosed outdoor storage area has been enlarged and will be screened with an 8 foot tall
board -on -board fence.
5. The masonry dumpster enclosure has been relocated next to the enclosed outdoor storage area.
6. The interior building layout has been slightly reconfigured.
7. The previous 2 phases have now been combined into 1 phase.
The hours of the business are going to remain the same as previously approved, which are as follows:
8:00 AM to 6:30 PM M-F, 8:00 AM to 4:00 PM on Saturdays, and closed on Sundays. If business grows
they would like to extend their hours to 9:00 PM M-S. Currently there are 9 employees that will be
moving to this new location.
Architecture
The basic design of the building is similar to the previous approval. As noted above the main change is to
the rear portion of the building (containing the service bays), which is being changed from full masonry to
the lower 12 feet being masonry with the upper 6 feet being steel panel and the roof in this area is now
going to be standing seam metal and is going to be lower than the front portion of the building. The
building still exceeds the 50% masonry requirement.
Site, Parking, and Access
As noted above, the parking lot layout and circulation have changed to maximize the use of the site.
There are separate parking areas on the site for designated purposes. Curbing will be installed in the
interior of the site, per previous approvals.
There is an elevated car display pad shown on the northeast corner of the site. This appears to be
located within the vision corner, which is not allowable. If it can be located outside of the vision corner,
then one elevated rack for one car can be allowed on site.
Fire Department Approval
The site plan is still subject to Fire Department approvals at the time of building permits as well. Possible
changes to the site plan may be required based upon the final Fire Department review.
Dumpsters/Refuse Containers/Outdoor Storage
A dumpster enclosure has been relocated adjacent to the enclosed outdoor storage area. Details of the
enclosure will need to be provided before building permits can be issued.
Also, the screened outdoor enclosure has been enlarged and be screened with an 8 foot tall board -on-
board fence. This area will be used to house all vehicles waiting to be repaired and any other
miscellaneous vehicle items. Any vehicles that are junk or in pieces must be stored within this area or in
the building. The resolution states that no outdoor storage of junked vehicles of any type are allowed on
the site, other than in the enclosed storage area. All other storage, parts, equipment, etc. must be kept
within the building or within the screened storage enclosure.
Landscaping
A revised landscape plan has not been submitted to reflect the new site layout. A final landscape plan
will need to be submitted and approved by the City prior to the issuance of building permits.
Signage
No signage details have been provided at this time. A separate sign permit will be required before any
signage can be installed. This includes any signage on the building.
Lighting
A lighting fixture and pole details must be submitted before building permits can be issued and all lighting
fixtures must be full cut-off with a zero degree tilt and the concrete bases for the pole lights cannot
exceed 6 inches in height above grade. Also, a revised photometric plan needs to be submitted before
the issuance of building permits for the new site layout.
Sewer, Water, Storm, Grading
The development will be served by two private onsite holding tanks and a new private water well.
Municipal water and sewer are not near this property. A stormwater pond is proposed on the western
portion of the site. Formal approvals from the Engineering Division of grading and stormwater plans will
be required before the issuance of building permits.
As with Frey Auto's previous approvals, no vehicles can be used as signage (i.e. box van, etc.) and
signage and banners cannot be displayed on the outside of the vehicle/windshield. The following items
are only allowed on the inside of the vehicle/windows: price, year, and any vehicle disclosure information
that is required by State Law. Also, no advertisements, signage, banners, etc. are allowed, except for
proper temporary or permanent signage. Any temporary or permanent signage will require a separate
sign permit through the City.
The following is also part of the Plan Commission resolution:
BE /T FURTHER RESOLVED, That all bollards must be painted to match the colors of the principal
structure.
BE /T FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards.
BE /T FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices,
electrical transformers, etc.) must be screened from view and/or incorporated into the design of the
site/structure (screening, etc.) and should be approved by the Planning Division.
STAFF RECOMMENDATION PC 036-2012
Approval of Resolution PC 036-2012
Resolution #PC 036-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
IN VCq wi(-Y� Prepared by City of Muskego
vV—A
� ` O 6I/26/2012anning epartment
Supplemental Map
Property Owner:
Frey Auto
Loomis Road
RESOLUTION #P.C. 036-2012
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR FREY AUTO
LOCATED IN THE NE'/4 OF SECTION 34
(TAX KEY 2293.996.002 / LOOMIS ROAD)
WHEREAS, On June 1, 2012 a re -submittal was received from Keller, Inc. for Frey Auto located
along Loomis Road (Tax Key No. 2293.996.002), and
WHEREAS, This property previously received approvals to construct a new auto sales and
service facility per Resolution #PC 036-2011 on September 6, 2011, and
WHEREAS, The property owner made some changes to the building and site and as such is now
seeking said amendment, and
WHEREAS, The changes include the following items:
1. The square footage of the building was increased to 7,689 SF with a 1,098 SF
mezzanine level,
2. The rear portion of the building (containing the service bays) is being changed from full
masonry to the lower 12 feet being masonry with the upper 6 feet being steel panel and
the roof in this area is now going to be standing seam metal and is going to be lower than
the front portion of the building,
3. The parking lot layout and circulation have been changed and expanded (see details
below),
4. The enclosed outdoor storage area has been enlarged and will be screened with an 8
foot tall board -on -board fence,
5. The masonry dumpster enclosure has been relocated next to the enclosed outdoor
storage area,
6. The interior building layout has been slightly reconfigured,
7. The previous 2 phases have now been combined into 1 phase, and
WHEREAS, The property is zoned B-4 Highway Business and allows an auto sales and service
facility by conditional use grant (CUG), and
WHEREAS, Since there is not a substantial change to the use of the site, a public hearing for the
CUG amendment should not be required, and
WHEREAS, The 2020 Comprehensive Plan shows this property as commercial uses and the
proposal is consistent with the plan, and
WHEREAS, There are separate parking areas on the site for designated purposes with the
following breakdown:
• Sales Stalls — 172 (9'x18')
• Customer Stalls — 21 (10'x20')
• Employee Stalls — 7 (10'x20')
• Repair Stalls — 9 (10'x20')
• Loaner Car Stalls — 12 (9'x20')
• Tow Truck & Delivery Stalls — 3 (10'x30'), and
WHEREAS, Hours of the business are going to remain the same as previously approved, which
are 8:00 AM to 6:30 PM M-F, 8:00 AM to 4:00 PM on Saturdays, and closed on Sundays and if
business grows they would like to extend their hours to 9:00 PM M-S, and
WHEREAS, The building is shown to be constructed mainly with a single score split face CMU,
with areas of accent stripes with a triple score smooth face CMU, and
WHEREAS, The majority of the block will be a standard natural gray color with the accent stripes
being black ash and crimson and the front portion of the building will have a flat rubber roof with a
parapet wall, and
WHEREAS, The front of the building (north side) is mostly all glass with an aluminum store front
with clear anodized aluminum framing, and
WHEREAS, The overhead doors will contain two rows of full -light window panels, and
WHEREAS, The sale vehicle areas may not have fully marked stalls, but instead they may have
either a rear line or a front and back marks, and
WHEREAS, There is an elevated car display pad shown on the northeast corner of the site but
this is not allowed if it falls within a vision corner, and
WHEREAS, Curbing will be installed in the interior of the site, and
WHEREAS, The site and building plans are subject to Fire Department approvals, and
WHEREAS, A revised landscape plan has not yet been submitted, and
WHEREAS, The City Forester will work with the petitioner based upon any changes/additions that
are needed and there is the possibility that street trees will be required along each of the lot lines
adjacent to the roads, and
WHEREAS, The development will be served by two private onsite holding tanks and a new
private water well, and
WHEREAS, A stormwater pond is proposed on the western portion of the site, and
WHEREAS, The following items are only allowed on the inside of the vehicle/windows: price,
year, and any vehicle disclosure information that is required by State Law, and
WHEREAS, An annual review will still be required, as was previously required for Frey Auto's
previous location, and
WHEREAS, All conditions of the previous BSO approval (per #PC 036-2011), other than those
modified be this resolution, are still applicable.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan for Frey Auto located along Loomis Road (Tax Key No. 2293.996.002).
BE IT FURTHER RESOLVED, The overhead doors and maintenance doors must be colored to
match the building.
BE IT FURTHER RESOLVED, That the number of vehicles for sale cannot exceed the numbers
for each location as shown on the approved site plan.
BE IT FURTHER RESOLVED, That the elevated vehicle display area can only contain one
vehicle and it must be located outside of the vision corner, if it is going to be on site.
BE IT FURTHER RESOLVED, That all one-way traffic areas must be properly marked with
signage and pavement markings.
BE IT FURTHER RESOLVED, That if there are more vehicles awaiting repair, customer cars, or
employee vehicles than there are spots for, then sale stalls must be used for these purposes, as
all vehicles must be only parked in marked stalls.
BE IT FURTHER RESOLVED, That details of the dumpster enclosure and fenced enclosure will
need to be provided before building permits can be issued.
BE IT FURTHER RESOLVED, That a separate sign permit will be required before any signage
(temporary or permanent) can be installed and this includes any signage on the building.
BE IT FURTHER RESOLVED, The site plan is still subject to Fire Department approvals at the
time of building permits and possible changes to the site plan for the Fire Department may
include adding larger drive aisles for Fire Street requirements.
BE IT FURTHER RESOLVED, That a lighting fixture and pole details must be submitted before
building permits can be issued and all lighting fixtures must be full cut-off with a zero degree tilt
and the concrete bases for the pole lights cannot exceed 6 inches in height above grade.
BE IT FURTHER RESOLVED, That a revised photometric plan needs to be submitted before the
issuance of building permits for the new site layout.
BE IT FURTHER RESOLVED, That a revised landscape plan must be submitted for the entire
site, with landscaping being installed around the outdoor storage area along Muskego Dam Road.
BE IT FURTHER RESOLVED, The fence around the outdoor storage area will be painted to
match the color of the structure.
BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division of grading and
stormwater plans will be required before the issuance of building permits.
BE IT FURTHER RESOLVED, That any bollards must be painted to match the colors of the
principal structure.
BE IT FURTHER RESOLVED, That any new handicap signs be incorporated into bored bollards.
BE IT FURTHER RESOLVED, That no outdoor storage of junked vehicles of any type is allowed
on the site, other than in the enclosed storage area and all other storage, parts, equipment, etc.
must be kept within the building or within the screened storage enclosure.
BE IT FURTHER RESOLVED, That no vehicles can be used as signage (i.e. box van, etc.),
signage and banners cannot be displayed on the outside of the vehicle/windshield, and no
advertisements, signage, banners, etc. are allowed, except for proper temporary or permanent
signage.
BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC
devices, electrical transformers, etc.) must be screened from view and/or incorporated into the
design of the site/structure (screening, etc.) and should be approved by the Planning Division.
BE IT FURTHER RESOLVED, That a copy of said plans 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, 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:
Denied:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
■
PROPOSED NEW FACILITY FOR FR "Y AUT
MUISKEGO
SHEET INDEX
SHEET
SHEET TITLE
A1.0
S:ITE9 DEVELOPMENT
PLAN, IrDEX, TITLE
ARCHITECTURAL
A2.0
FLOOR PLAN
A2J
MEZZANINE PLAN
A3.0
ELEVATIONS
A4.0
BULD1NG CROSS SECTION
PROJECT INFORMATION
APPLICABLE BUILDING CODE
2009 INTERNATIONAL BUILDII+G CODE NYIWI AMENDMENTS)
PROPOSED FACILITY 7,629 SF
MEZZANIN PROPOSED ES 1.0965F
FUTURE ADDMCKN 2.080 SF
SI - MODERATE HAZARD STORAGE (REPAIR GARAGE)
SEPARATED
CONSTRUCTION CLASSIFICATION
TYPE 28 CONSTRUCTION
NON -SPRINKLED
FIREWALL
ALLOWABLE AREA
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City of Muskego
Plan Commission Supplement PC 037-2012
For the meeting of: July 9, 2012
REQUEST: Rezoning from RL-3 — Lakeshore Residence District to DR-1 Downtown Revival District.
S76 W 18026-40-58 Janesville Road / Tax Key No. 2195.999
SW '/4 of Section 9
PETITIONER: Daniel Hewitt
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
DISCUSSION PC 037-2012
Rezoning
The rezoning request is from Dan Hewitt who is the owner of the DJ's Pub land along Janesville Road
just north of Pioneer Drive. The rezoning request is to go from RL-3 Single Family Residential Lakeshore
zoning district to DR-1 Downtown Revival District and does include a 2020 Comp Plan amendment from
residential to commercial. The rezoning is requested as Mr. Hewitt's DJ's Pub/Restaurant and a home on
the lot are being removed to make way for the County's Phase 2 Janesville Road Reconstruction project
starting next year. The Pub/ Restaurant has been operating at this location for about 90 years but for
some reason or another has always been legal nonconforming as the zoning on the property has been
residential. In order to rebuild a commercial restaurant a rezoning is required.
Mr. Hewitt submitted a conceptual site plan on July 2, 2012 (based on some of the comments at the
public hearing) which depicts his intention to come forth with a future Building, Site, and Operation Plan to
build a 3,600 square foot restaurant structure on the south end of the property up close to Janesville
Road. The conceptual site plan has intentions to provide up to eight (8) residential units on the property in
the future that would be contained in new structures to the rear of the property (northern end) and/or
within a second story on the restaurant structure.
The best zoning district for such proposed uses is the city's rather new DR-1 Downtown Revival Zoning
District. The DR-1 zoning district allows buildings closer to the street frontage (as close as 10 feet) and
was originally created for parcels along the downtown of Janesville Road that were affected by the project
in some way.
The DR-1 zoning district was recently approved for P&L Insurance just 300 feet west of DJ's and the DR-
1 zoning matches the same restrictions as the HC-1 Historic Crossroads zoning district which is found
directly across the street from DJ's and all along Pioneer Drive.
The parcel is within the city's Redevelopment District #2 boundary. Being that this parcel is within a
Redevelopment District it is customary for the CDA to discuss how this proposal may relate to the goals of
the Redevelopment District #2 Plan. The CDA reviewed the item at their June 19th meeting and found that
the proposed rezoning makes sense as far as the Redevelopment Plan goals are concerned since the
rezonings goal is to redevelopment Mr. Hewitt's property similar to what is found today.
Residential Density
The existing RL-3 zoning district allows one residential dwelling per 15,000 square feet and the DR-1
zoning district allows one residential dwelling unit per 5,000 square feet. The property is approximately
1.5 acres in size with no Little Muskego Lake frontage. Based on this the RL-3 district may allow
approximately 4 units of residential on the lot and the DR-1 district could allow as much as 13 units if a
petitioner could make all other aspects work (parking, landscaping, stormwater, etc.). As noted above, Mr.
Hewitt is requesting up to eight (8) residential units as part of his buildout if a rezoning is granted.
The city has conditioned residential density based on the existing zoning in the past as this was done on
the Aud-Mar rezoning back in 2007. Staff recommendations below look to also condition the residential
density to what the existing zoning allows at no more than 4 future residential units. Again, there are
currently three residential units existing today on the property.
Public Hearing
The public hearing was before the Council on June 26`h and the following was heard:
• Owner and builder spoke in favor stating that they hope to present more info shortly and hat they
simply want to rebuild the business that has been here for over 90 years.
• Questions why rezoning is required and why can't the use simply be grandfathered and rebuilt
• Statement that taverns are a nuisance business, sorry that owner may lose business, but no
rezoning should be granted.
• Many questioned what are the plans for the rebuild before granting any rezoning? Is there a site
plan of where the new location will be, etc.?
• Questions of why not use a Conditional Use Grant instead of rezoning.
• Density in DR-1 district quote high. Is Council considering this aspect?
• Delivery concerns for tavern use on Janesville Road
• Would like to see tavern use up towards Janesville Road if rebuilt not back towards existing
housing and lake.
• Extensive conversation between the Council and staff regarding why the rezoning was required
and if the use can simply be rebuilt via grandfathering (more information regarding a City Attorney
opinion found below)
City Attorney Discussion
Based on the public hearing the Council expressed interest from hearing from the City Attorney to see if
there was any way to allow the legal nonconforming uses to still occur without formally rezoning the
parcel. Staff received the City Attorney's opinion on this matter and found that a rezoning is required to
allow a new restaurant to be rebuilt along with residential units. The City Attorney expressed the
following:
"The question has arisen as to whether or not Hewitt could be allowed to construct a new pub/restaurant
without the zoning change to, apparently, continue as a non -conforming use. In my opinion, this cannot be
allowed pursuant to Section 62.23(7)(h), Wisconsin Statutes and Section 6.02(1) of the Muskego Zoning
Code. To allow such a use to continue, the property must be rezoned. I note that the proposed rezoning
district, Downtown Revival, would, apparently, allow for such uses following approval by the Plan
Commission of the building site and operational plans. It is possible that the Council could also approve this
zoning upon certain conditions. It is my understanding a similar procedure was used as to Aud-Mar."
In all, the City Attorney agrees with staff that a once a legal nonconforming use is removed from a
property you must build within the constraints of the existing zoning district or receive a rezoning to allow
the use intended. In this case a rezoning is required to allow a restaurant with residential units and the
DR-1 district is the most logic way to accomplish this. Again, the city still can regulate the amount of
residential density on the parcel and the commercial operations of the property via future BSO approvals.
Staff recommends conditions be proposed to Council as part of their rezoning ordinance in order to
accomplish our goals. Please see below for staff's recommended conditions.
STAFF RECOMMENDATION PC 037-2012
Amendment and Approval of Resolution PC 037-2012. Recommended amendment outlined below.
Plan Commission and Council had some similar dealings with the rezoning for Aud-Mar back in
2007/2008. In that case the Council included a couple conditions of the rezoning in order to assure
that the residential density was what was desired. Upon consultation with the City Attorney the
same can be done in this case. Thus, staff recommends that the PC resolution be amended to
include the following below. This new text would assure that the City is approving a rezoning that
is dependent on a future BSO approval by the Planning Commission and that we are only
approving a BSO that shows a restaurant use up along Janesville Road and that the residential
density will not exceed what is allowed by the existing zoning today (up to four units distributed
on the site also subject to a BSO plan approval).
BE IT FURTHER RESOLVED That the Council Ordinance #1361 be amended in Section 4 to
state the following in order to assure that the rezoning allows a residential density similar
to what exists today and to assure that the rezoning is dependent on a future BSO meeting
the conceptual layout submitted by the petitioner:
SECTION 4: This ordinance is in full force and effect from and after passage and
publication and conditioned on the Plan Commission approval of a Building, Site, and
Operation Plan (BSO). The BSO approval shall follow the general conceptual layout
submitted as part of this rezoning which shall include a bar/restaurant built close to
Janesville Road and no more than four (4) residential units on the property.
Hewitt Rezoning & 2020 Land Use Amendment
Current Zoning & 2020 Land Use
Legend
® Affected Area
OZoning
Right -of -Way
- Structures
2020 Land Uses
Medium Density Residential (1 - 2.99 units/acre)
High Density Residential (> 3 unitslacre)
Commercial
Government, Institutional, Trans., Utilities
Proposed Zoning & 2020 Land Use
Tax Key Number: MSKC 2195.999
Petitioner: Daniel J. Hewitt
Created By: C4 of
City of Muskego ,TTSK1,+�-r O
N May 30, 2012 u� n r,ly
1�
YC -
8.14 RL-3 EXISTING LAKESHORE RESIDENCE DISTRICT
(1) STATEMENT OF INTENT
This district is intended to apply to lakeshore properties with specialized regulations appropriate of
their unique character; with particular recognition of the disproportionately high land value of lake
frontage, the problems of over intensive exploitation of such frontage resulting from excessive
demand, the extreme vulnerability of lakeshore properties to nuisance and to adverse effect on
property value, and the problems of pollution and public safety resulting from over use.
This district is newly created as a result of the zoning code modifications in 2006. Many parcels of
this density and type existed when Muskego's zoning code was originally implemented. The density,
widths, and building location measures listed below are to guide parcels currently zoned this district.
The City will not rezone new parcels to this zoning district or create new parcels of this size. All
parcels proposing land divisions within this district must meet the minimum guidelines of the RS-3
zoning district or a residential district with greater regulations.
(2) BASIC REGULATIONS (See Section 5 for general enabling and qualifying language.)
(C.) Building
(E.)
(A.) Lot Size
(B.) Density
Location
(D.) Building Size
Open
(F.) Height
Space
Minimum
Min.
Residential
Min.
Minimum Residential
Floor
Min per
Max. Permitted
Area
Average
Lot Area
Set
Minimum Offset
Floor Area (In Sq. Ft.)
Zesidentia
(In Feet)
Width
Per D/U
Back
Area
1 D/U
(In Sq. Ft.
Lot Area Per
One
All other
Single Family
Multi
Principal
Accessory
Or Acres)
D/U
(hi
Side
sides
per
Ratio
structure
structure
1st
Total
(In Feet)
(In Sq. Ft.)
Feet)
(hi
Feet
(In Feet)
floor
D/U
10,000 Sq.Ft.
1 66.6
1
6.7
10
1200
1200
Excmpt
1 6,666
30
**
* New land divisions in this zoning district must follow the RS-3 zoning district regulations
** See Section 5
(3) Permitted Uses (See Section 5)
A. PERMITTED USES BY RIGHT
Any use as permitted by right in the RCE District.
2. Public outdoor recreational facilities subject to approval by the Plan Commission of building,
site and operational plans.
B. PERMITTED ACCESSORY USES
Any accessory use permitted in the RCE District.
2. Any other use normally incident or accessory to the permitted uses subject to approval by the
Plan Commission of building, site and operational plans.
3. One (1) boat house in addition to the accessory uses permitted by the underlying district, and
subject to the approval of the Community Development Director, or designee, upon payment
of fees and receipt of permits as required and amended from time to time, and subject to
following:
a. Location: minimum 20 feet from the ordinary high water mark and subject to the side
yard offset provisions of the underlying district effective with new construction or
relocations after November 15, 2001.
b. Height: not greater than 15 feet above the lowest grade.
c. Area: no greater than 525 square feet.
C. PERMITTED USES BY CONDITIONAL GRANT
1. Any conditional use permitted in the RCE District.
2. Boating and yacht clubs, marinas and launching sites.
3. Private commercial and private non-commercial group outdoor recreational facilities.
4. Lake resorts and individual cabins or cottages for rental on a limited seasonal basis and not
for year round occupancy.
Boat liveries.
D. SINGLE USE
1. No lot in this district shall by deed, covenant, easement or other device or agreement hereafter
provide for the permitted uses or accession or incidental uses thereto, or for right of access, by
other than the owner or legally resident occupant of the premises and invited guests, except in
the case of a public park or way, public utility easement, patrons of a permitted commercial
use, or of a permitted organizational use.
E. LAKE SHORE OFFSET
1. No building shall be permitted closer than 50 feet to the shore line of a lake shore lot except
that no offset shall be required for piers or similar use areas and a boat house as permitted
above.
1. The City will not rezone new areas to this zoning district as the district is in place for the
conformity of existing parcels that were developed under the original City of Muskego
Zoning Code. All parcels proposing land divisions within this district must meet the
minimum guidelines of the RS-3 zoning district or a residential district with greater
regulations.
8.38 DR-1 DOWNTOWN REVIVAL DISTRICT
(1) STATEMENT OF INTENT
This District is intended for the properties found along Janesville Road in Muskego's Downtown
from Bay Lane Drive to Racine Avenue. The District was created to allow the revival and
redevelopment of these properties in order to create new opportunities for the parcel owners. The
parcels in this area have or may be affected by future improvements along Janesville Road and it is
the City of Muskego's objective to have a zoning district that allows property owners to have
usability of their property in order to assure that the core of Muskego's downtown is revived.
This District is intended to encourage mixed -use, compact development that is sensitive to the
environmental characteristics of the land and facilitates the efficient use of services. The District
diversifies and integrates land uses within close proximity to each other, and it provides for the daily
retail and customer service needs of the residents.
The District is designed to encourage pedestrian -friendly designs, which respect and accommodate
the community's dependency on the automobile. Higher standards of design with a renewed
emphasis on community image and the cost-effective provision of public services are promoted.
Widely accepted development and planning principles suggest that new development should help the
downtown and City compete in an increasingly competitive and quality -conscious real estate
environment, and provide alternative housing and shopping opportunities in close proximity.
Design standards should closely follow those found in the City's adopted Downtown Design Guide.
The Downtown Design Guide is characterized by the following design elements: Traditional town
center/modern `main -street'; Buildings squarely facing the street; Buildings closer to street;
Pedestrian scale — walk able, accented storefronts; Variable roof -lines; Transitional massing blending
with surrounding architecture; Sense of place/downtown identity; Destination and convenience retail;
Shared parking; Convenience.
The District is intended for both stand-alone parcels and larger grouping of parcels as long as the
objective is to promote the characteristics above. Commercial uses are encouraged from Bay Lane
Drive to Pioneer Drive and residential uses are encouraged from Pioneer Drive to Racine Avenue as
per the direction of the Muskego Comprehensive Plan. Rezoning requests for parcels that do not
meet the intent of this zoning district should follow existing residential and commercial zoning
districts.
(2) BASIC REGULATIONS
(A) Lot Size
(B) Density
(C) Open Space
Minimum
Area
Min. Average
Width
Residential Lot Area Per D/U
Minimum per Parcel
Lot Area Per D/U
7,200 SF*
60'*
5,000
2,500 SF
(D) Primary Structure Building Location
Min. Setback (from ROW)
Max. Setback (from ROW)
Minimum Offset
One Side
All Other Sides
10,
5'
10,
(E) Primary Structure Building Size
(F) Building Height
Min. Residential Floor Area
Floor Area Ratio
Maximum Permitted
Single -Family
Multi -Family (per
D/U)
Principal Structure
Accessory Structure
1" Floor
Total
1,200 SF
1,000 SF
40%
35'
See 17:4.05
(G) Accessory Structure Building Location
Min. Setback (from ROW)
Max. Setback (from ROW)
Minimum Offset
One Side
All Other Sides
25'
N/A
5'
10,
* This District does not promote new parcels of this size, but allows parcels to be conforming if they meet these guidelines.
Newly created parcels in this district should meet the size requirements of the B-2 Zoning District for commercial uses
(Minimum Parcel Area = 20,000 SF; Minimum Parcel Width = 100 feet) and the size requirements of the RS-3 Zoning District
for residential uses (Minimum Parcel Area = 15,000 SF; Minimum Parcel Width = 100 feet).
(3) USE REGULATIONS
A. PERMITTED USES BY RIGHT
1. Single-family detached dwellings.
2. The following subject to approval by the Plan Commission of building, site and operational
plans:
a. Single-family attached, Duplex, or Townhouse structures.
b. Retail stores and shops.
c. Public administration offices and public service buildings.
d. Community and customer service establishments such as, but not limited to, the
following:
i. Business, professional, public service, banking and savings and loan offices.
ii. Delicatessen, Produce/Meat Market
iii. Clothing Store
iv. Restaurants, taverns and other commercial entertainment facilities
V. Hotels
vi. Laundry/Dry Cleaning Services.
vii. Specialty Foods (Bakeries, Confectionaries, etc.)
viii. Specialty Store (Books, Music, Toys, Sporting Goods, Stationery, etc.)
ix. Variety Store
X. Commercial studios, display galleries and training schools.
xi. Public utility offices and installations
xii. Accounting, Auditing, Bookkeeping, and Tax Preparation
xiii. Architectural, Engineering, Planning & Surveying Services
xiv. Barber/Beauty/Hair Salon & Related Personal Care
xv. Bed and Breakfast Establishments
xvi. Cafe, Coffee Shop, Diner, Restaurant
xvii. Desktop Publishing & Graphic Design
xviii. Legal Services
xix. Lessons (Art, Dance, Music, etc.)
xx. Medical/Dental Offices, including Veterinary
xxi. Photography Studio
xxii. Real estate
xxiii. Tax Preparation
xxiv. General Merchandising and wholesaling establishments
B. PERMITTED ACCESSORY USES
1. Private garages subject to the provisions of this Code subject to the approval of the Zoning
Administrator and upon payment of fees and receipt of permits as required by the Common
Council and amended from time to time.
2. One (1) private garden shed subject to the provisions of this Code subject to the approval of
the Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time.
3. Any other structure or use normally accessory to the principal uses permitted.
4. Home Occupations when incidental to the principal residential use, as outlined in this Code.
C. PERMITTED USES BY CONDITIONAL GRANT
1. The following subject to approval by the Plan Commission of Building Site and Operational
Plans:
a. Dwelling units accessory to commercial uses
b. Gasoline and Automobile Service Stations
c. Nursing/rest homes, homes for all aged, and daycares. (Ord. #1351 03-22-2012)
2. Agricultural uses
RESOLUTION #P.C. 037-2012
RECOMMENDATION TO COUNCIL TO REZONE THE HEWITT PROPERTY FROM THE RL-3
LAKESHORE RESIDENCE DISTRICT TO DR-1 DOWNTOWN REVIVAL DISTRICT LOCATED IN THE
SW % OF SECTION 9 (TAX KEY NO. 2195.999 / JANESVILLE ROAD)
WHEREAS, On May 30, 2012 a petition for a rezoning was submitted by Daniel Hewitt to rezone a
property from the RL-3 Lakeshore Residence District to DR-1 Downtown Revival District, and
WHEREAS, The rezoning is the current location of the existing DJ's Pub & Grill, and
WHEREAS, The reason for the request is so they can allow a new restaurant to be rebuilt along with
possible future residential units, and
WHEREAS, A conceptual site plan was submitted on July 2, 2012 that depicts intentions to build an
approximate 3,600 square foot restaurant up towards Janesville Road with surrounding parking and
landscaping amenities, and
WHEREAS, The conceptual site plan has intentions to provide up to eight (8) residential units on the
property in the future that would be contained in new structures to the rear of the property (northern end)
and/or within a second story on the restaurant structure, and
WHEREAS, Currently three main structures exist on the property (two dingle family residences and the
one pub/restaurant building that has one residential unit on the second story), and
WHEREAS, The current pub building is being taken by Waukesha County for the Janesville Road
reconstruction project along with the front residential structure, and
WHEREAS, A total of three residential units are found on the property (two separate residences and one
unit above the pub), and
WHEREAS, The existing RL-3 zoning district allows one residential dwelling per 15,000 square feet, and
WHEREAS, The DR-1 zoning district allows one residential dwelling unit per 5,000 square feet, and
WHEREAS, The property is approximately 1.5 acres in size with no Little Muskego Lake frontage, and
WHEREAS, The RL-3 zoning district might allow 4+ units of residential and the DR-1 zoning district might
allow upwards of 13 residential units on the 1.5 acre, and
WHEREAS, The rezoning request does include a 2020 Comprehensive Plan Amendment to Commercial
uses, and
WHEREAS, The proposed zoning district is already found on some adjacent properties in this area, and
WHEREAS, A Public Hearing for the rezoning is before the Common Council on June 26, 2012.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the
Common Council for the rezoning from the RL-3 Lakeshore Residence District to DR-1 Downtown Revival
District, along with the proposed 2020 Comp Plan Amendment for property located in the NE, SE, & SW
'/4 of Section 21 (Tax Key No. 2195.999).
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 041-2012
For the meeting of. July 9, 2012
REQUEST: Building, Site, and Operation Plan Amendments for 41'ront Engineered Solutions
Tax Key No. 2222.984.006 / W183 S8253 Racine Ave
NW '/4 of Section 16
PETITIONER: Wayne Straus and William Knoten of 41'ront Engineered Solutions
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 041-2012
On June 22, 2012 a submittal was received from 41'ront Engineered Solutions to alter portions of their site
and structures to meet the needs of their growing business. The proposal includes adding new dumpster
docks, driveways, parking areas, re -grading an existing drainage ditch, constructing a new accessory
structure, altering an existing accessory structure, painting the existing building, and installing
landscaping. The proposed alteration will help the business handle their current work flow more
efficiently and help further business growth.
CONSISTENCY WITH ADOPTED PLANS O41-2012
Comprehensive Plan: The 2020 Plan depicts the property for industrial uses. The petition is
consistent with the Plan.
Zoning: The property is zoned M-2, General Industrial. The use is permitted subject
to BSO approval.
STAFF DISCUSSION PC 041-2012
As mentioned above, the proposal include multiple facets. Here are the proposed site changes:
• The dumpster docks will be reconfigured and enlarged to facilitate new trash compactors. These
will be located in the same basic area as they currently exist.
• There will be a new asphalt parking lot added to the southwest of the existing main building,
along with a new asphalt driveway to allow access around the western portion of the developed
site. 17 new marked parking stalls are shown at 10'x20' in size and the drive aisles appear to be
24 feet in width. A portion of the parking area appears to be located within a Utility Easement.
WE Energies approval is required for said encroachment. Also, all parking areas must be located
at least 3 feet away from the side lot lines.
• A new accessory structure is proposed adjacent to the northwest corner of the main building and
this building will be used for storage of materials and products that are currently stored outdoors
on site. The new accessory structure will be clad with steel walls (tan), a band of steel
wainscoting (red), and will contain a steel roof (red).
• There is an existing accessory structure on site that is mainly clad with steel, with a small section
of failing brick on the eastern elevation. The petitioner is proposing to remove the failing brick
and some un-used doors and would like to re -clad these areas with steel and then paint this
entire structure to match the newly proposed accessory structure.
Along with these color changes/matches on the accessory structures, the steel portions of the
main building are also going to be painted to match the tan color on the accessory structures.
The doors on the new and existing accessory structures will be tan in color to match the new
siding color. All three structures on site will match and help provide a cohesive overall design
throughout the property.
New landscaping is proposed to be added on the west and north sides of the new accessory
structure. Formal review and approval of the plan is pending. A final landscape plan must be
approved before building permit can be issued.
No new lighting or signage details have been submitted at this time. Permits/approvals are required for
all lighting and signage. A few other conditions of approval are as follows:
BE IT FURTHER RESOLVED, That the floor of the new accessory structure must be concrete or asphalt.
BE IT FURTHER RESOLVED, That the shipping/storage crate currently on site must be removed from
the property before occupancy of the new building can be granted.
BE IT FURTHER RESOLVED, That no outdoor storage or display will be allowed on site once the new
structure is in use, unless specific Plan Commission approvals are granted in the future for any storage.
BE IT FURTHER RESOLVED, That there must be at least a five (5) foot separation between the new
accessory structure and the main building per the Zoning Code.
BE IT FURTHER RESOLVED, That the final plans for the building permit will be reviewed by the Fire
Department and any changes they may require must be made, including the possible widening of
driveways.
Overall, the updates to the building and the site will enhance the overall look of the area and will be a nice
improvement. The resolution is written for approval as proposed.
STAFF RECOMMENDATION PC 041-2012
Approval of Resolution PC 041-2012
Resolution #PC 041-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
vV LEGO 6I/265ing /2012epartment
Supplemental Map
Petitioner:
4Front Engineered Solutions
W183 S8253 Racine Ave
RESOLUTION #P.C. 041-2012
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
4FRONT ENGINEERED SOLUTIONS LOCATED IN THE NW '/4 OF SECTION 16
(TAX KEY 2222.984.006 / W183 S8253 RACINE AVE)
WHEREAS, On June 22, 2012 a submittal was received from 41'ront Engineered Solutions for
their property located at W183 S8253 Racine Avenue (Tax Key No. 2222.984.006), and
WHEREAS, The petitioner is proposing to alter portions of their site and structures to meet the
needs of their growing business, and
WHEREAS, The proposal includes adding new dumpster docks, driveways, parking areas, re-
grading an existing drainage ditch, constructing a new accessory structure, altering an existing
accessory structure, painting the existing building, and installing landscaping, and
WHEREAS, The dumpster docks will be located in the same basic place as currently exists, but it
will be reconfigured and enlarged to facilitate new trash compactors, and
WHEREAS, There will be a new asphalt parking lot added to the southwest of the existing main
building, along with a new asphalt driveway to allow access around the western portion of the
developed site, and
WHEREAS, A new accessory structure is proposed adjacent to the northwest corner of the main
building and this building will be used for storage of materials and products that are currently
stored outdoors on site, and
WHEREAS, The new accessory structure will be clad with steel walls (tan), a band of steel
wainscoting (red), and contain a steel roof (red), and
WHEREAS, The existing accessory structure on site is mainly clad with steel, with a small section
of failing brick on the eastern elevation, and
WHEREAS, The petitioner is proposing to remove the failing brick and some un-used doors and
would like to re -clad these areas with steel and then painting this entire structure to match the
newly proposed accessory structure, and
WHEREAS, Along with these color changes/matches on the accessory structures, the steel
portions of the main building are also going to be painted to match the tan color on the accessory
structures, and
WHEREAS, The doors on the new and existing accessory structures will be tan in color to match
the new siding color, and
WHEREAS, All three structures on site would match and help provide a cohesive overall design
throughout the property, and
WHEREAS, There are 17 new marked parking stalls being added that measure 10'x20' in size,
and
WHEREAS, The drive aisles appear to measure 24 feet wide, which is required by code for two-
way traffic, and
WHEREAS, There appears to be a Utility Easement along the southern lot line in which the
parking may be encroaching, and
WHEREAS, no new lighting or signage has been proposed at this time, and
WHEREAS, A Landscape Plan has been submitted (review pending) showing a variety of
landscaping along the north and west sides of the building.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan for 4Front Engineered Solutions located at W183 S8253 Racine Avenue
(Tax Key No. 2222.984.006).
BE IT FURTHER RESOLVED, That the floor of the new accessory structure must be concrete or
asphalt.
BE IT FURTHER RESOLVED, That the shipping/storage crate currently on site must be removed
from the property before occupancy of the new building can be granted.
BE IT FURTHER RESOLVED, That no outdoor storage or display will be allowed on site once the
new structure is in use, unless specific Plan Commission approvals are granted in the future for
any storage.
BE IT FURTHER RESOLVED, That there must be at least a five (5) foot separation between the
new accessory structure and the main building per the Zoning Code.
BE IT FURTHER RESOLVED, Any exterior lighting will need specific approval from the Planning
Division before installation and said approval may require a photometric plan.
BE IT FURTHER RESOLVED, Any new signage (temporary or permanent) will require a separate
permit.
BE IT FURTHER RESOLVED, That all parking stalls must be marked at least 10'x20' in size and
all driveways must be at least 24 feet wide.
BE IT FURTHER RESOLVED, That WE Energies approvals are required for any parking
encroachments within any Utility Easements.
BE IT FURTHER RESOLVED, That all parking/paved areas must be located at least 3 feet away
from any lot lines.
BE IT FURTHER RESOLVED, That the final Landscape Plan must be approved prior to the
issuance of Building Permits.
BE IT FURTHER RESOLVED, That the final plans for the building permit will be reviewed by the
Fire Department and any changes they may require must be made, including the possible
widening of driveways.
BE IT FURTHER RESOLVED, That a copy of said plans 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, 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:
Denied:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
JENGINEERED SRLUTIONS®
June 12, 2012
Adam Trzebiatowski
Planner
City Of Muskego
W182 S8200 Racine Avenue
PO Box 749
Muskego, WI 53150-0749
Subject; 417ront Paving, Pole Building, and Building Upgrade Project
Dear: Mr Trzebiatowski
I am writing this narrative in support of our submittal of work to be performed at 4Front Engineered
Solutions located at W183S8253 Racine Ave, across from City Hall, for review by the planning board.
417ront is on a tight time line to beat both the weather and the end of our company's fiscal year of
September 28th which funding has been made available. We have completed; site survey, site delineation,
grade mapping, site plan, and landscaping plans have been made available for review. Building permits
have been applied for through the State of Wisconsin and the City of Muskego. Work will be pending the
approval of the board, presenting on July 9th, 2012.
417ront has increased the use of its internal space for manufacturing, hiring an additional 20 employees
over the last 3-4 years. Converting inside space over to production, it has moved more finished good
storage to the outside of our facility. 4Front is requesting approval to add an additional storage building
and two trash compactors on the west end of our main building to support increased volume and clean up
the appearance of our property. Scope of the project is listed below;
Current site inefficiencies;
- finished good storage building only capable of holding 2 days of production
- storage inside building only supports 2hrs of production.
- customer/transportation delays cause us to store material outside cluttering the property
Planned Scope of project;
Drive, Dock, and Building Paving (complete by 9/1/2012)
1. Excavate existing asphalt and concrete and remove from site.
2. Excavate, pour footings, and install retaining walls
3. Excavate ditch line for run off
4. Grade, compact stone, pour concrete dock, pour concrete building, and lay asphalt drive areas
5. Stripe parking area
IVr
�� Lloa^d1Y0�7 ,, TKO ®APS Resource,
ERCO.DOCK DOORS YwrAfiermerkelSoluton �y�S
Ol
W183 S8253 Racine Avenue • Muskego, WI 53150 • tel: 262-679-6200 • fax: 262-679-6210 • www.4FrontES.com
6, Install rip rap, top soil, and seed area
Pole Building (complete by 9/28/2012)
1. Install two tone pole building
2. Complete electrical work
3. Pour concrete slab
4. Install overhead doors
5. Install Landscaping
Existing Building Upgrades (complete by 9/28/2012)
1. Remove brick (falling apart) from existing pole building
2. Remove sliding door on north and passage door on east side of existing pole building. Replace with aluminum
matching new pole barn.
3. Repair soffit areas on main building with aluminum
4. Power wash and paint existing buildings to match purposed pole building.
We have submitted complete drawings for review by the board. Let me know if you have any questions about our plans.
Sincerely,
Wayne Straus
General Manager, Muskego
417ront Engineered Solutions, INC.
Enclosure
TKO, ®APs Resource,
.SFRG�O. LoadHvg. DOCK 000AB
1612 Hutton Drive, Suite 140 • Carrollton, Texas 75006 • tel: 972-466-0707 • fax: 972-323-2661 • www.4FrontES.com
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-ALL NON-HAROSCAPE SURFACES MUST BE CAPPED OATH A MINIMUM 6"
TOPSOIL LAYER- TOPSOIL MATERIAL MUST BE IMPORTED ON SITE FROM
A VERIFIED 'CLEAN' AIL SDURCE.
-ALL PLANT MATERIAL IS SUBJECT TO AVAILABILITY AND PROPER
SEASONAL PLANTING PROCEDURES-
-ANY SUBSTITUTIONS, MODIFICATIONS. OR DEVIAAONS FROM THIS PLAN
REQUIRE PRIOR APPROVAL OF THE LANDSCAPE ARCWTECT-
-ALE PLANT MATERIAL SHALL BE PLANTED IN ACCORDANCE TO THE
PLANTING DETAILS.
-ALL PLANTING BEDS TO RECEIVE 3" SHREDDED HARDWOOD MULCH.
-THE CONTRACTOR SHALL VERIFY ALL EMPRG UTILITIES. INCLUDING
IRRIGATION LIKES, PMOR TO DIGGING- CONSULT DIGGERS HOTLINE-
-THE CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS, FEES AND
LICENSES NECESSARY FOR THE INSTALLATION OF THIS PLAN.
-THE CONTRACTOR IS TO RENEW All STE ENGINEERING DOCUMENTS
PRIOR TO INSTALLATION. ANY CONFLICTS MUST BE REPORTED TO THE
LANDSCAPE ARCHITECT. THESE LANDSCAPE DRAMNGS ARE FOR THE
INSTALLATION OF PLANT MATERIALS ONLY UNLESS OTHERINSE STATED.
-STAKE AND LAYOUT ALL PLANT LOCATIONS FOR APPROVAL OF
LANDSCAPE ARCHITECT OR OWNER'S REPRESENTATIVE PRIOR TO
INSTALLATION.
-ALL OTHER PLANTNO AREAS NOT MULCHED ARE TO BE
HYDRO -SEEDED PATH TURF CRASS AND WOOD FIBER MULCH. SEED
SHALL CONSIST OF KEKTUCKY BLUEGRASS AND PENNLAWN RED FESCUE
BLEND. PRIOR TO SEEDING, THE AREA TO BE SEEDED SHALL BE
THOROUGHLY LOOSENED AND GRADED TO TRUE LINES AND FREE FROM
ALL VARIATIONS. LUMPS OR RIDGES. ALL STICKS, STOKES OR OTHER
OBJECTIONABLE MATERIAL OVER I' SHALL BE REMOVED FROM THE SOIL.
SOIL TO BE RECESSED 1/2' BELOW PAVED AREAS- UNIFORMLY APPLY
COMMERCIALLY BALANCED 5.20:5 FERTUZER AT A RATE OF 20 LSS.
PER i,000SF INTO TOP 1' OF SOIL KEEP SEEDED AREAS MOST UNTIL
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City of Muskego
Plan Commission Supplement PC 042-2012
For the meeting of: July 9, 2012
REQUEST: Building Site and Operation Plan Amendment for Juice Garden Cafe
Tax Key No. 2192.971 / W189 S7839 Racine Ave
SE'/4 of Section 8
PETITIONER: Amy Hoeppner
INTRODUCED: July 9, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 042-2012
A new tenant for the Muskego Centre (Racine Avenue where Piggly Wiggly is located) known
now as the Juice Garden Cafb has requested to have seasonal outdoor seating as part of their
recently submitted building permit. The outdoor use requires Planning Commission approval.
DISCUSSION PC 042-2012
The petitioner is proposing to add outdoor dining to a new restaurant named Juice Garden
Cafe located on the south end of the Muskego Centre in the tenant space adjoining Piggly
Wiggly. The outdoor dining would consist of outdoor seating that is to only be out during
open hours for the cafe. The outdoor seating would be kept inside during closed hours and
there is no outdoor seating intended during the winter season. There is no fencing requested
to be around the outdoor seating area and ample room for pedestrian use is found between
the pillars of the overhang and the curb.
Plan Commission has allowed seasonal outdoor seating at the Muskego Centre in the past
subject to the following requirements (all of which are part of the resolution tonight).
BE /T FURTHER RESOLVED, That the petitioners consult the Finance Committee about
the establishment's alcohol serving license if alcohol is intended to be served in the
outdoor dining area. Any alcohol license issues must be resolved before any outdoor
dining setup takes place.
BE /T FURTHER RESOLVED, That a minimum of three (3) feet of clearance must be left
at the narrowest point on the walkway in front of the restaurant (as measured from the
curb edge to the closest part of any seating) as per ADA standards. Currently the site
plan shows ample clearance to meet this requirement.
BE /T FURTHER RESOLVED, That all equipment must be removed during the seasons
that the outdoor dining is not in use and no other outdoor storage is allowed to occur on
the property.
BE IT FURTHER RESOLVED, That if at anytime the outdoor dining equipment is not kept
in a quality condition, the Plan Director may bring back the item to Planning Commission
for removal of use.
STAFF RECOMMENDATION PC 042-2012
Approval of Resolution PC 042-2012
Resolution #PC 042-2012
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
90 C69 oC Prepared by City of Muskego
vV LEGO 6I/265ing /2012epartment
Supplemental Map
Petitioner:
Amy Hoeppner
W189 S7839 Racine Ave
RESOLUTION #P.C. 042-2012
APPROVAL OF AN AMENDED BUILDING SITE AND OPERATION PLAN
FOR JUICE GARDEN CAFE LOCATED IN THE SE'/4 OF SECTION 8
(TAX KEY NO. 2192.971 / W189 S7839 RACINE AVENUE)
WHEREAS, On June 25, 2012 plans were submitted by Amy Hoeppner for an amendment to a
Building, Site and Operation Plan for a new business located in the Muskego Centre development
in the SE'/4 of Section 8 (Tax Key No. 2192.971 Racine Avenue), and
WHEREAS, The petitioner is proposing to add outdoor dining to a new restaurant named Juice
Garden Cafe located on the south end of the Muskego Centre in the tenant space adjoining Piggly
Wiggly, and
WHEREAS, The outdoor dining would consist of outdoor seating that is to only be out during open
hours for the cafe, and
WHEREAS, The outdoor seating would be kept inside during closed hours and there is no outdoor
seating intended during the winter season, and
WHEREAS, No fencing is requested to be around the outdoor seating area, and
WHEREAS, Ample room for pedestrian use is found between the pillars of the overhang and the
curb.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended Building,
Site and Operation Plan for the Muskego Centre to allow the seasonal outdoor seating at the
tenant located in the SE'/4 of Section 8 (Tax Key No. 2192.970 / W189 S7761 Racine Avenue).
BE IT FURTHER RESOLVED, That the petitioners consult the Finance Committee about the
establishment's alcohol serving license if alcohol is intended to be served in the outdoor dining
area. Any alcohol license issues must be resolved before any outdoor dining setup takes place.
BE IT FURTHER RESOLVED, That a minimum of three (3) feet of clearance must be left at the
narrowest point on the walkway in front of the restaurant (as measured from the curb edge to the
closest part of any seating) as per ADA standards. Currently the site plan shows ample clearance
to meet this requirement.
BE IT FURTHER RESOLVED, That all equipment must be removed during the seasons that the
outdoor dining is not in use and no other outdoor storage is allowed to occur on the property.
BE IT FURTHER RESOLVED, That if at anytime the outdoor dining equipment is not kept in a
quality condition, the Plan Director may bring back the item to Planning Commission for removal
of use.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building
Department and that 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 Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: July 9, 2012
ATTEST: Kellie McMullen, Recording Secretary
Juice Garden Cafe
W 189 S7839 Racine Ave
Muskego, Wl 53154
Amy Hoeppner, 414-460-0482
Re: Outdoor Seating, Muskego Centre
The Juice Garden Cafe is interested in providing outdoor seating for our patrons. We
would have bistro style table/chair sets made of wood for a clean esthetic look. Our
tables and chairs would be brought in each night when we close. We will then have them
available outside again when we open. All outside seating will be removed from the
premises for the winter months.
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Added on June 16, 2012
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