Plan Commission Minutes PC-07-07
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
JULY 07, 1998
Minutes of the Plan Commission held on July 7, 1998, in the Muskego Room, City Hall, W182
S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:02 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioner’s Schaumberg, Smith, Gummer and
Director Sadowski.
ABSENT:
Commissioner Hulbert
Secretary reported that the meeting was properly noticed in accordance with the Open
Meetings Law.
MINUTES:
Alderman Salentine made a motion to approve the corrected minutes of the June 16, 1998,
meeting handed out prior to tonight’s meeting with corrections made to Resolution #P.C. 21-
98. Commissioner Gummer seconded. Upon a voice vote, motion to approve the corrected
minutes was passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 21-98 -- Approval of a sketch Preliminary Plat for a subdivision by
Carity Land Corporation, located in the SE ¼ of Section 3 and the NE ¼ of Section 10. This
resolution was brought back to the floor. Staff reported no new submittals. Mr. Bill Carity gave
a brief description of the previous concepts handed out at the June 16 Plan Commission
meeting. Mr. Carity proposed another concept of development asking for direction from the
Commission. The new proposal exhibits additional single family residents replacing some of
duplex units. Moving duplex units to the north adjacent to the multi-family units. Mr. Carity
also proposed multi-family on Janesville Road reducing the amount of business. Mr. Carity
looked for general agreement in proposing possible four and/or eight family units. Majority of
Commission felt some level of business activity should be on Janesville Road with multi-family
and duplex units to the north of the single family development. Some multi-family or duplex
development along Janesville Road may also be acceptable. Including four families directly
south of the commercial area may also be acceptable. Commission would need to see
architectural design of multi-family units. Discussion ensued wherein the Comprehensive Plan
does not support the proposed land use plan. Commissioner Gummer made a motion to
defer. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 21-98 was
Deferred unanimously.
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RESOLUTION #P.C. 53-98 -- Approval by the Plan Commission to Amend the 2005
Comprehensive Landuse Plan for the City of Muskego for an expansion of a commercial
district, and the increase in residential density of lands found in the SW ¼ of Section 2 and the
SE ¼ of Section 3, or as more generally described as lands at the northeast corner of
Janesville Road (CTH “L”) and Moorland Road (CTH “O”). This resolution was brought back to
the floor. Discussion followed whether the land use proposal or change in land use plan would
make sense for this area. Commissioner Gummer made a motion to amend resolution to read
in the last paragraph, BE IT FURTHER RESOLVED, That if development of these lands by
Dreamland Investors does not substantially proceed within 12 months of the date of this
amendment, the 2005 Comprehensive Land Use Plan shall revert back to the planned
land uses for the subject lands as indicated prior to this amendment. Alderman Salentine
seconded. Upon a voice vote, Resolution #P.C. 53-98 was Amended unanimously. Upon a
roll call vote, Amended Resolution #P.C. 53-98 was Adopted unanimously.
RESOULTION #P.C. 54-98 -- Recommendation of Approval to rezone 45.8 acres on
the northeast corner of Janesville Road (CTH “L”) and Moorland Road (CTH “O”) from RS-1,
RSE and B-3 to B-3/RSM/OPD (Balistreri). This resolution was brought back to the floor.
Discussion ensued wherein the proposal to rezone includes 5.7 acres (Basse) to be rezoned
B-3; 19.8 acres (Diekfuss) to be rezoned RSM; 16.9 acres (Diekfuss) to be rezoned B-3. Mr.
Stuart Wangard, petitioner’s representative, stated that the woods to the north and all natural
features would be preserved. Alderman Salentine made a motion to amend resolution in the
third WHEREAS, A conceptual land use development plan has been brought forward to
the Plan Commission under Resolution #P.C. 124-98 and this rezoning may proceed
upon passage of said resolution. Commissioner Schaumberg seconded. Upon a voice
vote, Resolution #P.C. 54-98 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 54-98 was Adopted unanimously.
RESOLUTION #P.C. 98-98 – Directive from the Plan Commission to City Staff to
enforce, as written, Chapter 17:2.02 (8) Building, Height of – RECONSIDERATION.
Commissioner Gummer made a motion to bring this resolution to the floor for reconsideration.
Commissioner Smith seconded. This resolution was not amended appropriately at previous
Plan Commission meeting. Discussion ensued wherein approved amended Resolution #P.C.
98-98A contains language staff believes Commission intended to adopt. Alderman Salentine
made a motion to amend language in this last paragraph of the resolution to read, BE IT
FURTHER RESOLVED, That the Plan Commission directs the ……..staff measure from
the front grade to highest point with multiple peaks unless appropriate fire access for fire
vehicles is provided than use the average height (as measured between the eave and
peak) of the highest peak; always use ……Commissioner Gummer seconded. Upon a voice
vote Resolution #P.C. 98-98A was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 98-98A was Adopted unanimously.
RESOLUTION #P.C. 106-98 -- Approval of amendment to a Building, Site and
Operation Plan for the Larry Babich/Babich Trust property located at S82 W18848 Gemini
Drive. (Muskego Warehouse Services). This resolution was brought back to the floor. This
resolution was deferred to allow petitioner to submit a more definitive plan showing exactly
what is being proposed. A landscape plan must be submitted and reviewed by the Plan
Department staff. Petitioner is requesting relief from asphalting all of the proposed areas.
Commissioner Smith made a motion to amend resolution to read, BE IT FURTHER
RESOLVED, That the eastern most and central “proposed asphalt pavement” areas
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along Gemini Drive be paved immediately. The western “proposed asphalt pavement”
area in front of the office area is to remain with no asphalt. The “proposed asphalt
pavement” area along the north property line on Mercury Drive is to be asphalted within
one (1) year. Increase the proposed landscape area in the front of the building to fifteen
(15) feet of landscaping. Above items will require Staff approval. Commissioner Gummer
seconded. Upon a voice vote, Resolution #P.C. 106-98 was Amended unanimously. Upon a
roll call vote, Amended Resolution #P.C. 106-98 was Adopted unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 112-98 – Approval of a 12’ x 16’ accessory structure for the
Sellhausen property located at W171 S8144 Lannon Drive. This resolution was read by title
only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded.
Alderman Salentine questioned who was applying for the permit – property owner or renter.
Mr. Gene Sellhausen, property owner, informed Commission that he was requesting the
permit. Upon a roll call vote, Resolution #P.C. 112-98 was Adopted unanimously.
RESOLUTION #P.C. 113-98 – Approval to maintain a 30’ x 45’ accessory structure for
the Wauer property located at W179 S8204 Riese Drive. This resolution was read by title only.
Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded.
Upon a roll call vote, Resolution #P.C. 113-98 was Adopted unanimously.
RESOLUTION #P.C. 114-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map for the Erwin Trust property located in the NW ¼ of Section 3, Town of
Norway. This resolution was read by title only. Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 114-
98 was Adopted unanimously.
RESOLUTION #P.C. 115-98 – Recommendation of approval by the Plan Commission
of an Extraterritorial Certified Survey Map creating a two (2) lot land division for the Norway
Business Park, LLC., property located in the SE ¼ Section 12, Town of Norway. This
resolution was read by title only. Commissioner Gummer made a motion to approve.
Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 115-98 was
Adopted unanimously.
RESOLUTION #P.C. 116-98 – Recommendation of approval of an Extraterritorial
Certified Survey Map for the DeBack property located in the NE ¼ of Section 12, Town of
Norway. This resolution was read by title only. Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 116-
98 was Adopted unanimously.
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NEW BUSINESS:
RESOLUTION #P.C. 117-98 – Approval of a two (2) lot sketch land division for the
Spitzner property located in the SW ¼ of Section 17. (Tax Key No. 2227.988.013).
Commissioner Schaumberg made a motion to approve. Commissioner Gummer seconded.
Director Sadowski informed Commission that this proposal creates an irregular lot
configuration (flag lot) and should not be allowed. Petitioner had been denied by Plan
Commission in 1995 for similar request. Ms. Judy Radish, petitioner’s niece and
representative, addressed the Commission and reviewed her lengthy June 4, 1998 letter
submitted to Planning Department with the entire history of this property . Discussion ensued
wherein there have been mitigating circumstances (length of time and health concerns of
petitioner to get action taken on this proposal; petitioner should be allowed to use five of the
six laterals that have been approved) to this proposal. Petitioner will need to get wetland
crossing. Upon a roll call vote, Resolution #P.C. 117-98 was Adopted unanimously.
RESOLUTION #P.C. 118-98 -- Recommendation of approval of a Certified Survey Map
for a two (2) lot land division for the Hoeft property located in the NW 1/4 of Section 13. (Tax
Key No. 2209.935). Commissioner Gummer made a motion to approve. Commissioner Smith
seconded. This area has just been rezoned to reflect sewered service. A temporary drive has
been approved by the Plan Commission to be constructed in the public right-of-way of
Northview Drive. Owner of parcel 1 will be responsible for all maintenance of drive. Grading
and drainage plans need to be submitted. Alderman Salentine made a motion to amend
resolution to read THEREFORE BE IT RESOLVED, That temporary cul-de-sac be shown on
Certified Survey Map. Driveway to Parcel 1, if known, to be placed on Certified Survey
Map. Note be placed on the Certified Survey Map that maintenance of the private drive in
the public right-of-way will be the responsibility of owner. Grading and drainage plans to
be submitted prior to issuance of building permits. Commissioner Gummer seconded.
Upon a voice vote, Resolution #P.C. 118-98 was Amended unanimously. Upon a roll call
vote, Amended Resolution #P.C. 118-98 was Adopted unanimously.
RESOLUTION #P.C.119-98 -- Approval of a two (2) lot sketch land division for the
Schaumberg property located in the NE and SW ¼’s of Section 21. (Tax Key No. 2241.997).
Commissioner Schaumberg removed herself from this resolution as she is the petitioner.
Commissioner Gummer made a motion to approve. Commissioner Smith seconded. Director
Sadowski explained that Parcel A does not seem to be an issue. However, Parcel B is
irregular with no street access or frontage provided. Some type of easement needs to be
shown. The only access to Parcel B would encroach on the adjacent parcel. Alderman
Salentine made a motion to amend resolution to read, BE IT FURTHER RESOLVED, That
approval is contingent upon petitioner swapping property to the south with neighbor or
obtaining a 99 year easement from neighbor. Commissioner Smith seconded. Upon a
voice vote, Resolution #P.C. 119-98 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 119-98 was Adopted unanimously.
RESOLUTION #P.C. 120-98 – Approval of a two (2) lot sketch land division for the
Lowe property located in the NE ¼ of Section 18. (Tax Key No. 2229.992.006). Mr. Bucky
Lowe, petitioner, addressed Commission requesting this item to be withdrawn. Mayor De
Angelis announced that Resolution #P.C. 120-98 was Removed.
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RESOLUTION #P.C. 121-98 -- Approval of amendment to a Building, Site and
Operation Plan for M. W. Marine, Inc. at the property located at S63 W13951 West College
Avenue. Commissioner Gummer made a motion to approve. Commissioner Schaumberg
seconded. Petitioner proposes to expand the fence enclosed storage area to the south and to
gravel the street access areas and hard surface the perimeter of the storage buildings.
Commissioner Gummer made a motion to amend the resolution to read, BE IT FURTHER
RESOLVED, That asphalt driveway be installed to the two new buildings. Extension of
fence to match existing as well as landscaping. Commissioner Schaumberg seconded.
Upon a voice vote, Resolution #P.C. 121-98 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 121-98 was Adopted unanimously.
RESOLUTION #P.C. 122-98 – Approval of a conceptual Building, Site and Operation
Plan for Burke Properties at the property located in the NE ¼ of Section 25 (Southeast corner
of new Highway 36 and North Cape Road). This resolution was read by title only. Petitioner
has requested to be deferred. Alderman Salentine made a motion to defer. Commissioner
Gummer seconded. Upon a voice vote, Resolution #P.C. 122-98 was Deferred unanimously.
RESOLUTION #P.C. 123-98 – Recommendation of approval to release parcel 3 of
Certified Survey Map 6072 from the amendment of the 100 year floodplain floodway on the
Muskego Canal. Mayor suggested that this resolution not be brought to the floor. The City of
Muskego passed amendment to the floodplain and awaiting the review by the DNR.
Commission members concurred. Mayor De Angelis announced that Resolution #P.C. 123-98
was Removed.
At 9:05 P.M. Mayor De Angelis called for a recess. The meeting reconvened at 9:30 P.M.
RESOLUTION #P.C. 124-98 -- Approval of a Conceptual Building, Site and Operation
Plan for Planned Unit Development at the property located in the SW ¼ of Section 2 in the SE
¼ of Section 3 (near the NE corner of Moorland Road and Janesville Road). Commissioner
Gummer made a motion to approve. Commissioner Schaumberg seconded. The Public
Hearing for this proposal will be July 14, 1998. Petitioner has submitted revised plans. The
unit counts are the same for the multi-family (150 units) however the layout of the buildings
has been changed. The two large buildings have been replaced with five smaller buildings.
The commercial project has been decreased to 95,000 square feet. The eastern buffer strip
has been increased from 101 feet to 125 feet in width. Parking in the commercial area has
increased from 633 stalls to 725 stalls. Discussion ensued wherein detailed landscaping,
building design, signage all need to be addressed if this proposal progresses beyond the
conceptual phase. As this site will be setting a precedent for the City, high design and
landscaping expectation are prevalent with Commission members. Petitioner needs to clarify
that the 27 units will be for senior housing and not multi-family. Screening needs to be looked
at between the two single family homes in the southwest corner of the site plan.
Commissioner Smith made a motion to amend resolution to read, BE IT FURTHER
RESOLVED, That labeling for 27 unit buildings are addressed for senior housing only.
The southwest corner configuration of entry way needs to be screened. This approval is
contingent upon all supplement comments being met; without interconnection streets.
Pedestrian walkway between senior housing. Locating drive-thru on sides or rears of
buildings not facing Janesville Road or Moorland Road. Commissioner Gummer seconded.
Upon a voice vote, Resolution #P.C. 124-98 was Amended. Upon a roll call vote, Amended
Resolution #P.C. 124-98 was Adopted unanimously.
07-07-98 PC Minutes Page 6
MISCELLANEOUS BUSINESS:
Height ordinance discussion – This issue will be on the Plan Commission agenda for
July 21, 1998 and scheduled for a public hearing on Tuesday, July 28, 1998. Director
Sadowski read the proposed language. Consensus from the Commission was favorable to
language being proposed. Director Sadowski stated that areas of concern for fire code will be
addressed by the Fire Department. These standards should be placed in the fire code as the
Fire Department would be the experts in their interpretation. Illustrations will be provided as a
supplement to citizens but will not be included in the zoning ordinance. The Commission
concurred with these points.
Classification of Pet Grooming Services –Staff looking for clarification on how to
classify this use. Kennels and veterinary clinics require Conditional Use if located in Business
District. Question is, does pet grooming fall into this category? Petitioner advised Commission
that they will not be boarding dogs or giving medical treatment. Consensus of the Commission
is that this fits into B-2 District as a permitted use by right and is defined as a Community and
Customer Service establishment.
ADJOURNMENT:
Commissioner Smith made a motion to adjourn at 10:15 P.M. Commissioner Gummer
seconded. Upon a voice vote, motion carried. With no further business to come before the
Commission, the meeting was adjourned.
Respectfully submitted,
Sandra S. Asti
Recording Secretary