Plan Commission Minutes 08-17-99
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
AUGUST 17, 1999
Minutes of the Plan Commission held on August 17, 1999, in the Muskego Room, City Hall,
W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:05 P.M.
PRESENT:
Mayor De Angelis, Commissioner’s Hulbert, Schaumberg, Smith, Gummer, Plan Director Turk
and Recording Secretary Asti.
ABSENT:
Alderman Salentine
Secretary reported that the meeting was properly noticed in accordance with the Open Meeting
Law.
MINUTES:
Commissioner Schaumberg made a motion to approve the minutes of the August 03, 1999,
meeting. Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes
was approved unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 78-99 – Approval of a Two (2) lot sketch land division for the
Orville Peters property located in the SW ¼ of Section 33. (Tax Key No. 2291.997 / S107
W18677 Muskego Dam Road). This resolution was brought back to the floor for discussion.
The cell tower conditional use permit was submitted August 6. A public hearing for this item
will be held on September 21, 1999. Staff recommends that the sketch land division for Mr.
Peters be reviewed in connection with the cell tower request. Commissioner Gummer made a
motion to defer until the September 21 meeting. Commissioner Smith seconded. Upon a
voice vote, Resolution #P.C. 78-99 was Deferred unanimously.
CONSENT BUSINESS:
None
NEW BUSINESS:
RESOLUTION #P.C. 93-99 – Approval of a Two (2) lot sketch land division for the
Mercer property located in the NE ¼ of Section 9. (Tax Key No. 2193.998.001 / W175 S7201
Lake Drive) . Commissioner Schaumberg made a motion to approve. Commissioner
Gummer seconded. Both parcels meet the requirements of the zoning district. Petitioner
has indicated on the sketch that the existing garage on parcel 1 will be removed. Both Mr.
Mercer and Attorney Don Murn, petitioner’s representative, addressed the Commission looking
for approval on this sketch. Upon a roll call vote, Resolution #P.C. 93-99 was Adopted
unanimously.
08-03-99 PC Minutes Page 2
RESOLUTION #P.C. 94-99 – Approval of a Five (5) lot sketch land division for the
Loughney property located in the SW ¼ of Section 30. (Tax Key No. 2279.993 / Kelsey
Drive). Commissioner Hulbert made a motion to approve. Commissioner Schaumberg
Seconded. Petitioner proposing to create five single family parcels with frontage on Kelsey
Drive. The parcel is zoned A (Agricultural District), however, previously Plan Commission has
approved an amendment to the 2005 Comprehensive Plan which permits country estate
residential lands uses north of Kelsey Drive. The Public Utility Committee approved the
proposal for sewer service extensions. The proposal will be heard at Common Council on
Tuesday, August 24, 1999. The 2010 Street System Plan indicates Kelsey Drive to have right-
of-way width of 100 feet and Crowbar Road to have 80 feet. The land division would be
required to dedicate 50 feet from centerline of Kelsey Drive and 40 feet from centerline of
Crowbar Road. A subdividers agreement needs to be drafted to clarify the sanitary sewer and
bike path installations. Mr. John Loughney informed the Commission that he was not aware
that he would be responsible for the construction of the bike path. Mr. Loughney felt that due
to the size of the lots, the petitioner should not be liable for the development of the bike path.
Mr. Wayne Salentine addressed the Commission noting that the Park Board had established
the policies regarding bike paths, and the matter needed further review by that body. Mayor
De Angelis noted that the resolution simply indicated that a developers agreement would be
needed to address the issue in the future, and petitioner was not being obligated to the
installation at this time. Finance Committee has review authority over developers agreement.
Upon a roll call vote, Resolution #P.C. 94-99 was Adopted unanimously.
RESOLUTION #P.C. 95-99 -- Recommendation of approval of a Certified Survey Map
for the Two (2) lot land division for the Duklas property located in the NW 1/4 of Section 12.
(Tax Key No. 2206.998.029 / Courtland Drive). Commissioner Gummer made a motion to
approve. Commissioner Hulbert seconded. Petitioner received sketch approval by Plan
Commission with approval conditions to delineate wetland and floodplain areas and City
Engineer approving grading plan. The submitted CSM has depicted the wetland and
floodplain areas. City Engineer has reviewed and approved the survey. Commissioner
Schaumberg made a motion to amend the resolution in the THEREFORE BE IT RESOLVED,
That the Plan Commission……located in the NW ¼ of Section 12 subject to approval of the
grading plan by the City Engineer and payment ….. Commissioner Hulbert seconded. Upon
a voice vote, Resolution #P.C. 95-99 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 95-99 was Adopted unanimously.
RESOLUTION #P.C. 96-99 – Approval of a Two (2) lot sketch land division and
conceptual rezoning for the Bachleitner property located in the NE ¼ of Section 13. (Tax Key
No. 2209.966 / S81 W12775 Acker Drive). Commissioner Gummer made a motion to
approve. Commissioner Hulbert seconded. Petitioner’s request requires RS-2 zoning. The
2005 Comprehensive Plan requires this area to remain low density residential and not to
exceed one dwelling unit per acre. The petitioner’s proposal of two (2) parcels do not
individually meet the one dwelling unit per acre scheme of the Comprehensive Plan, their
proposal conforms with general plan for the neighborhood which overall is less than one
dwelling unit per acre. The neighborhood is zoned RSE. A rezoning of this area to RS-2
would meet petitioner’s needs and bring all of the forty-nine (49) lots into conformity. Six (6)
currently are non-conforming due to lot size. After lengthy discussion on previous rezoning
submittals, the Commission requests that Staff do research on what has transpired on prior
transactions, including minutes from meetings and public hearings and history of this issue in
this area. Commissioner Hulbert made a motion to defer this item pending Staff doing
additional research and finding documentation that has transpired on this issue.
Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 96-99 was Deferred
unanimously.
08-03-99 PC Minutes Page 3
RESOLUTION #P.C. 97-99 – Approval of conceptual business site and operation plan
and conceptual conditional use permit for O’Malley Investments at the property located at
W215 S9706 North Cape Road (Tax Key Nos. 2257.997, 2257.978.004 and part of adjacent
WEPCO right-of-way). Commissioner Hulbert made a motion to approve. Commissioner
Schaumberg seconded. Plan Director Turk informed the Commission that there will be two
similar proposals for the Durham Hill area. This item presented tonight and another proposal
to be heard at the September 7, 1999 Plan Commission Meeting. Only one of the proposals
will be allowed to be constructed in this area. Director Turk stated that approval would be
granted to the first petitioner that submits a completed proposal and meets all deadlines and
submittal requirements. O’Malley Investments proposes to remove existing structures and
construct new building and gas canopy. Existing zoning allows this use provided Conditional
Use Permit is granted. This parcel needs to conform to the requirements of the Draft Durham
Hill Design Guide. Submittals did not indicate the hours of operation however, the surrounding
neighbors have stated that they would not want a 24 hour operation. Building elevations
were not submitted, although petitioner has submitted pictures of existing convenience store
which would be a model of their design. Setback and offset requirements for principal
structure and gas canopy are met but locations of structure do not conform to Design Guide.
No landscaping plan has been submitted. Fire department needs to review the site access
and drive-thru areas. Street access is limited to North Cape Road. Petitioner has indicated 19
parking stalls, however 23 stalls are required for this use. Lighting, signage, grading and storm
water management plans have not been submitted with this proposal.
Mr. John O’Malley addressed the Commission introducing Mr. Jack Henry from O’Malley
Investments and Mr. John Winter from Open Pantry to answer any questions presented by
Commission. Mr. Henry stated that the hours of operation would be from 5:00 AM until
midnight. There will be a bullet proof pass thru for security. A new site submittal was handed
out at the meeting. The new plan depicts the building to be turned around so it is located on
the north offset line. Mr. O’Malley stated there will be no drive thru. Pictures were also handed
out at meeting showing a more rural design of building that could be proposed. Petitioner
asking for direction if they are on the right path for the rural look requested by Design Guide.
Mr. John Winter stated that this would be the second Open Pantry located in the Muskego
area. Baffled lighting would be installed to insure for safe surroundings. There will be a fast
food restaurant (possibly Papa Johns) in this location. No drive thru is requested at this time.
The design of the building would allow for entrance way and one side of building will be the
Open Pantry and the other side will be the fast food area.
Mr. O’Malley gave a presentation on a traffic study done in 1995, encouraging that his property
is the more suitable location for this type of proposal. Plan Director Turk stated that the
handouts received at this meeting were not reviewed by Staff and the resolution reflected the
original submittals. Director Turk also noted that the site plan distributed at the meeting was
previously rejected by Staff due to several deficiencies. Upon a roll call vote, Resolution #P.C.
97-99 was Adopted unanimously.
MISCELLANEOUS BUSINESS:
Plan Director Turk mentioned that he has been contacted by the Post Office regarding
an addition to the building. This item is exempt from Plan Commission approval, however
Director Turk wanted Commission to be informed.
08-03-99 PC Minutes Page 4
ADJOURNMENT:
Commissioner Hulbert made a motion to adjourn at 8:35 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