Plan Commission Minutes PC-06-16A
CORRECTED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
JUNE 16, 1998
Minutes of the Plan Commission held on June 16, 1998, in the Muskego Room, City Hall,
W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:01 P.M.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioner’s Hulbert (arrived at 7:04 P.M.),
Schaumberg, Smith, Gummer and Director Sadowski.
Secretary reported that the meeting was properly noticed in accordance with the Open
Meetings Law.
MINUTES:
Commissioner Schaumberg made a motion to approve the minutes of June 2, 1998, meeting.
Alderman Salentine seconded. Upon a voice vote, motion to approve the 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 for discussion. Director Sadowski stated that
petitioner is looking for direction from the Commission regarding what might be an acceptable
land use pattern. Major concern of the Commission is to keep open spaces and limit the
amount of businesses on Janesville Road. Mr. Carity presented four concepts; with plans B,
C, and D preserving quite a bit of open space. These plans show up to 70% of the residential
lots looking out onto open space. One of the concerns expressed is to find another access
point, trying to limit traffic from this development onto Janesville Road. Commissioner Hulbert
made a motion to defer this item allowing Mr. Carity to resubmit plans with suggestions
(dispense duplexes throughout development points; limit access to Janesville Road; secondary
access to development; keep open space; limit amount of business on Janesville Road) given
at this meeting. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C.
21-98 was Deferred unanimously.
RESOLUTION #P.C. 51-98 – Approval of a Mother-in-law/Two-Family Unit for
the Slamann/Hitz Property located at W200 S10771 East Shore Drive. This resolution was
brought back to the floor for discussion. Petitioners were given the opportunity to resolve
issues among themselves. Staff received letter from Attorney James Sommers, representing
Mr. & Mrs. Slamann, requesting another extension for parties to come to an agreement.
Attorney Sommers suggested that one party will buy-out the other family member for
ownership of the property. Commissioner Gummer made a motion to defer this item for thirty
(30) days allowing petitioners to come to a conclusion. Commissioner Schaumberg seconded.
Upon a voice vote, Resolution #P.C. 51-98 was Deferred unanimously.
06-16-98 PC Minutes Page 2
RESOLUTION #P.C. 98-98 -- Directive from Plan Commission to City Staff to
enforce, as defined, Chapter 17:2.02 (8) Building, Height Of. This resolution was brought back
to the floor for discussion. Director Sadowski read the alternative language proposed as
presented in the Plan Commissioner’s Supplement. Director Sadowski illustrated with graphics
the present way of measuring the height (total height) of a building compared to measuring
height (average peak) with language in ordinance. Members of the Commission gave several
suggestions that should be incorporated into the new language. Chief John Ludwig and Chief
Carl Wojnowski addressed the Commission stating there does not seem to be a problem with
the commercial buildings. However, some of the residential areas are very difficult for the
trucks to maneuver. Remote driveways do not provide adequate access or stability for trucks.
Lack of fire streets limits access to most one and two family residential structures. Chief
Ludwig and Chief Wojnowski would favor separate residential and commercial methods.
Commissioner Hulbert made a motion to amend resolution to add to the alternative language;
measure from front grade to highest point with multiple peaks; if adequate access
provided use average; separate the commercial from residential allowing for adequate
access for fire vehicles; incorporate pictures in definition for better illustration of
measurement methods. Commissioner Smith seconded. Upon a voice vote, Resolution
#P.C. 98-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 98-
98 was Adopted unanimously.
CONSENT BUSINESS:
RESOLUTION #P.C. 101-98 -- Approval of subdivision identification signs for
the Plum Creek East Subdivision by the Plum Creek Home Owners Association. This
resolution was read by title only. Commissioner Gummer made a motion to approve.
Alderman Salentine seconded. Petitioner handed out color drawings illustrating the new design
of sign at the Janesville Road entrance. Commissioner Hulbert made a motion to amend
resolution in the second WHEREAS, The two (2) identification signs will be located at the
entries of the Plum Creek East Subdivision, one (1) sign as illustrated on the plans
submitted June 16, 1998 in the island area of the Providence Way ………and one, three
(3) square feet sign along the Apollo Drive entry being located out of the right-of-way in
the THEREFORE BE IT RESOLVED, That the Plan Commission approve of the two (2)
subdivision identification signs, the one (1) sign as illustrated on the plans submitted
June 16, 1998 along Providence Way …….. Commissioner Smith seconded. Upon a voice
vote, Resolution #P.C. 101-98 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 101-98 was Adopted unanimously.
RESOLUTION #P.C. 102-98 – Approval of a 10’ X 14’ Accessory Structure for
the Marenda property located at S76 W14056 McShane Drive. This resolution was read by title
only. Alderman Salentine made a motion to approve. Commissioner Schaumberg seconded.
Upon a roll call vote, Resolution #P.C. 102-98 was Adopted unanimously.
NEW BUSINESS:
RESOLUTION #P.C.103-98 -- Recommendation of approval of a Certified
Survey Map for a two (2) lot land division for the Baranowski property located in the SE 1/4 of
Section 23. (Tax Key No. {2252.933). This resolution was read by title only. Alderman
Salentine made a motion to approve. Commissioner Smith seconded. Upon a roll call vote,
Resolution #P.C. 103-98 was Adopted unanimously.
06-16-98 PC Minutes Page 3
RESOLUTION #P.C.104-98 --Approval of a Conceptual Building, Site and
Operation Plan for New Markets, Inc., at the property located in the southeast corner of Racine
Avenue and Woods Road. Alderman Salentine made a motion to approve. Commissioner
Schaumberg seconded. Staff has concerns that this parcel is zoned B-1 and recommends
retaining said zoning due to the limited amount of commercially zoned property in Muskego.
The Comprehensive Plan sates that this site remain as business property. Petitioner is
proposing to rezone the site from B-1 to RSM/OIP. 22 units would be permitted at its current
size however 24 units are being proposed. Other issues discussed were: not enough parking
being proposed and sewer capacity for this project. It was noted that similar zoning is found to
the north at the Muskego Regency development. Mr. Bill Seno approached the Commission
stating that this is a very compatible use with neighborhood. This will be an independent living
facility with medical and transportation services being provided on a voluntary basis. This
facility will be for people 55 years of age and older. Alderman Salentine made a motion to
amend resolution to read, BE IT FURTHER RESOLVED, That additional parking be added.
Limit the facility to twenty-two (22) units unless additional land is purchased to support
twenty-four (24) units. Commissioner Gummer seconded. Upon a voice vote, Resolution
#P.C. 104-98 was Amended with a 5-1 vote. Commissioner Hulbert voting No. Upon a roll call
vote, Amended Resolution #P.C. 104-98 was Adopted with a 5-1 vote. Commissioner Hulbert
voting No.
RESOLUTION #P.C. 105-98 -- Approval of a Conceptual Rezoning for
Commercial Use for the Hoorman property located in the NW ¼ of Section 10. (Parcel
addressed as S72 W16450 Janesville Road). Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Petitioner is proposing to extend the B-4
zoning to encompass front of parcel on Janesville Road and build a multi-tenant commercial
office facility. Discussion ensued wherein access for the multi-family is a concern.
Suggestions were discussed to have the existing driveway remain and build new facility on
east side of drive: one long building was not an attractive alternative to the Commission. A
traffic study could be conducted for access to Janesville Road. It would be helpful when
petitioner resubmits to have all three (3) parcels included on plans to view traffic circulation
patterns. Upon a roll call vote, Resolution #P.C. 105-98 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). Commissioner Hulbert made a motion to approve.
Alderman Salentine seconded. Petitioner proposes to extend culverts along Gemini Drive to
form one full length drive access. Discussion ensued wherein petitioner received previous
approval to allow alterations in the dock position. Petitioner is now proposing to allow for
better utilization of the new dock area by paving all areas East of the office area and installing
a large slotted culvert. Staff suggests that a modified building, site and operation plan be
requested and that building use and internal circulation be completely defined by owner. A
landscape plan should also be provided. Complaints have been received that trucks parking
overnight at Mercury Drive loading dock are encroaching into the paved portion of the street;
general traffic disruptions occurring due to trucks maneuvering. Mr. Larry Babich and Mr. Dan
Babich addressed Commission stating that trucks have not been parked at Mercury Drive
loading dock for several months. They would like approval to construct full culvert (slotted) and
also install paving in the some of the parking areas. Commission would like to see a detailed
landscape plan along with descriptive plan to know what items are being approved.
Commissioner Hulbert made a motion to defer allowing petitioner to resubmit detailed plans.
Alderman Salentine seconded. Upon a voice vote, Resolution #P.C. 106-98 was Deferred
unanimously.
06-16-98 PC Minutes Page 4
RESOLUTION #P.C. 107-98 -- Approval of amendment to a Building, Site and
Operation Plan for the Rowinski property located at W190 S8151 Mercury Drive. (Tom’N
Sons, Inc.). Commissioner Gummer made a motion to approve. Commissioner Hulbert
seconded. Petitioner proposes to expand current machine shop. Two proposals were
submitted, Project A would be a 2,948 square foot expansion being 22.5 feet from Mercury
Drive right-of-way; and Project B would be 1,845 square foot expansion that would be 37.5
feet from Mercury Drive right-of-way. Both additions match the existing building. The
Declaration of Restrictions require a minimum of 37.5 feet setback for side streets for corner
lots. Alderman Salentine made a motion to amend resolution to change wording in the
THEREFORE BE IT RESOLVED, That the Plan Commission approves of an amended
building, site and operation plan for Project “B” for a 1,845 square foot addition with a 37.5
foot setback from Mercury Drive at the property located at W190 S8151 Mercury Drive, for the
Rowinski property. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C.
107-98 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 107-98
was Adopted unanimously.
RESOLUTION #P.C. 108-98 – Recommendation of approval to rezone 6.27
acres at the property located at S73 W16663 Janesville Road from B-2 to B-2/OIP. Alderman
Salentine made a motion to approve. Commissioner Hulbert seconded. All were in agreement
with resolution. Upon a roll call vote, Resolution #P.C. 108-98 was Adopted unanimously.
RESOLUTION #P.C. 109-98 – Recommendation of approval to amend Chapter 17,
Section 6.01 (1), City of Muskego Zoning Ordinance, Special Regulations, Engineering
Regulations to add conditions for submittal of a Survey and Grading of Lots. This resolution
was read by title only. Commissioner Gummer made a motion to approve. Commissioner
Hulbert seconded. Staff recommends disapproval – inappropriate for zoning ordinance. Upon
a roll call vote, Resolution #P.C. 109-98 was Defeated unanimously.
RESOLUTION #P.C. 110-98 --Recommendation of approval to amend Chapter
17, Section 6.12 and create Chapter 17, Section 6.13 to address time restrictions for Plan
Commission approvals and minimum review fees. Commissioner Gummer made a motion to
approve. Commissioner Hulbert seconded. Discussion ensued on the proposed language with
commission suggesting that the Plan Commission grant one six month extension and that
approvals granted in the last 24 months will expire. Commissioner Hulbert made a motion to
amend resolution in paragraph 6.12 Plan Commission approvals granted ……..Preliminary
Plat within the past 24 months ………The Plan Commission may grant one six month
extension …..a valid cause. Upon a voice vote, Resolution #P.C. 110-98 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 110-98 was Adopted
unanimously. Staff was directed to consult City Attorney to determine if outstanding
resolutions are grandfathered or can proposed ordinance be retroactive.
RESOLUTION #P.C. 111-98 -- Approval of amendment to the Building, Site and
Operational Plan for Kohne Salvage at W200 S7203 Williams Drive for a 20’ X 20’ metal
canopy and office structure. Commissioner Schaumberg made a motion to approve.
Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 111-98 was Adopted
unanimously.
06-16-98 PC Minutes Page 5
MISCELLANEOUS BUSINESS:
Johnny’s Car Wash – overhead doors. Complaints have been received regarding the
overhead doors being open during washing operations. Conditional Use states that doors
must be closed during this operation. Petitioner states that doors need to remain open to allow
floor to dry, prevent mold buildup and cut down on overhead door and opener maintenance.
Petitioner proposes the doors to remain open during washing operation from 7:00 A.M. - 7:00
P.M. Alderman Salentine read a letter from Dick and Mary Lou Elliott opposing to changes of
restrictions for the overhead doors. Mr. & Mrs. Elliott stated that there is a significant
difference when the doors are closed during the wash cycle. Mr. Jack Strasser addressed the
Commission stating that they want to work with the City but would like to have doors open for
reasons stated above. Mr. John Ingersoll asked the Commission not to allow the doors to be
open from 7:00 AM - 7:00 PM and enforce the Conditional Use requirements. The consensus
of the Commission was to have the doors remain closed during the wash cycle. There was
concern by Commission members that the proposed hours constituted a substantial change to
the approved conditional use. Mr. Strasser has the option of going through another Public
Hearing process should he wish to leave the doors open during the wash cycle.
Muskego Motor Car Company – retaining walls. Petitioner proposing to construct
retaining wall along the Racine Avenue frontage due to reworking of grading plans. Staff
needs direction whether staff approval for change due to grading plan is permissible; or should
petitioner come back to Plan Commission for amendment to BSO. Discussion ensued wherein
this is not a substantial change and will enhance the property. Petitioner will be able to work
with Staff on this issue and will need to submit a landscaping plan with changes due to
retaining walls. Suggestions were made to have the landscaping on top of the wall.
Police Department - landscape plan/headlight screening. Plan Commission approved
amended site plan and petitioner is asking for plantings instead of approved berm. It would be
cost affective in the long run to do the plantings and would also help with headlight screening.
Commission members were in agreement with replacing the berm with plantings.
Commissioner Hulbert asked Mayor De Angelis about the status of the Muskego Movie
Theatre. Mayor advised that the project has had some setbacks but is still in the process of
eventually being constructed. This item will be on the Public Works Agenda for Monday, June
22. Regarding the soil – landfill was found sooner than anticipated, however the landfill
material is not a toxic waste issue.
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 10:38 P.M. Commissioner Smith
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