Plan Commission Minutes 02-02-99
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
FEBRUARY 2, 1999
Minutes of the Plan Commission held on February 2, 1999, 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, Engineer Zoppa, Commissioner’s Gummer, Smith,
Schaumberg, Hulbert, Planning Director Sadowski and Recording Secretary Asti.
Secretary reported that the meeting was properly noticed in accordance with the Open Meeting
Law.
MINUTES:
Commissioner Gummer made a motion to approve the minutes of the January 19, 1999,
meeting. Alderman Salentine seconded. Upon a voice vote, motion to approve the minutes
was passed unanimously.
OLD BUSINESS:
RESOLUTION #P.C. 186-98 – Approval of a conceptual site and operation plan for an
Extractive Permit for Superior Emerald Park Landfill for the property located at W124 S10629
124 Street. This resolution was brought back to the floor for discussion. The Siting Committee
has not made a decision on recommendation for this item. Engineer Zoppa made a motion to
defer. Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 186-98 was
Deferred unanimously.
RESOLUTION #P.C. 190-98 – Approval of a Conditional Use for an extractive permit
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for Superior Emerald Park Landfills, Inc., property located at W124 S10629 124 Street. This
resolution was brought back to the floor for discussion. The Siting Committee has not made a
decision on recommendation for this item. Engineer Zoppa made a motion to defer.
Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 190-98 was Deferred
unanimously.
RESOLUTION #P.C. 03-99 -- Approval of a Building, Site and Operation Plan for a
Real Estate Office for Martin & Theresa Rozeski at the property located at S77 W18359
Janesville Road (Tax Key No. 2195.977.003). The petitioner has requested that this resolution
be deferred until the next Plan Commission meeting. Alderman Salentine made a motion to
defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 03-99 was
Deferred unanimously.
RESOLUTION #P.C. 04-99 – Approval of a two (2) lot sketch land division for the
Marek property located in the NW ¼ of Section 13. (Tax Key No. 2209.943 just west of S82
W13560 Hi View Drive). This item was deferred at previous Plan Commission meeting at the
request of petitioner and brought back to the floor for discussion. Petitioner wishes to divide
this property into two parcels. Property has split zoning RSE in the front and R-2 in the rear of
property. There is extensive wetland area on north end with possibility of navigable stream
02-02-99 PC Minutes Page 2
along east property line. These items need to be field verified. Proposed division raises
concerns over development of flag lot. Director Sadowski showed several options for dividing
parcel to develop land in a more efficient manor. Petitioner has submitted Option D, which
creates two parcels of equal size and eliminates the flag lot concern. Commissioner Hulbert
made a motion to amend resolution in the THEREFORE BE IT RESOLVED, That the Plan
Commission approves of Option D for a Certified Survey Map being submitted creating a
two (2) lot land division……….. Commissioner Smith seconded. Upon a voice vote,
Resolution #P.C. 04-99 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 04-99 was Adopted unanimously.
RESOLUTION #P.C. 08-99 – Approval of an Annual Review of a Sales and Service
Establishment for Automobiles, more specifically the parking of Rental Vehicles, for Erdmann
Motors at the property located at S98 W12616 Loomis Road (NE ¼ of Section 25). This
resolution was brought back to the floor for discussion. Staff met with Mr. Dale Erdmann to go
over concerns expressed at previous Plan Commission meeting. After visiting site, Staff found
all trucks parked on concrete except for one diesel truck that requires electricity to keep the
engine block warm. There are two unauthorized vehicles parked on property. Mr. Erdmann
explained to Staff that one vehicle is being repossessed and he was not allowed to move this
car. The other vehicle has been parked due to engine trouble and, after several phone calls,
the owner has not removed car from Mr. Erdmann’s truck parking site. Commissioner Hulbert
suggested that a time period be placed on removing these vehicles before approving the
annual conditional use. Discussion ensued wherein perhaps this property is being used as a
parking lot and should be paved to comply with ordinance. Commissioner Hulbert made a
motion to defer this item to allow Staff to contact Mr. Erdmann and advise him that he has until
the February 16, 1999, Plan Commission meeting to remove the vehicles and come into
compliance. Engineer Zoppa seconded. Upon a voice vote, Resolution #P.C. 08-99 was
Deferred unanimously.
CONSENT BUSINESS:
None
NEW BUSINESS:
RESOLUTION #P.C. 12-99 -- Recommendation of approval of a Certified Survey Map
for the four (4) lot land division for the Duve property located in the NW 1/4 of Section 33.
(Tax Key No. 2290.995.002 / W187 S10610 Kelsey Drive). Commissioner Hulbert made a
motion to approve. Commissioner Smith seconded. Petitioner proposing to create four new
parcels which conform to R-1 zoning district requirements. Petitioner has submitted a
successful soil and site report. The existing square footage (10,264) exceeds the permitted
(3,047) square footage amount for parcel 4. Staff recommends submittal of 2’ contour lines
and key elevations on roads, neighboring parcels building areas on subject parcels, manholes,
etc.; indication of all easement areas on parcels; illustration of R-1 building setback lines for all
parcels and reduction in outbuildings to no larger than 3,047 square feet. Discussion ensued
that Mr. Duve has option of tying the adjacent forty acres that he owns with parcel #4
remaining consistent with the square footage restrictions for the outbuildings. Commissioner
Hulbert made a motion to defer this item allowing Mr. Duve time to obtain legal language to
pursue combining the adjacent forty acres to parcel #4. Alderman Salentine seconded. Upon
a voice vote, Resolution #P.C. 12-99 was Deferred unanimously.
02-02-99 PC Minutes Page 3
RESOLUTION #P.C. 13-99 -- Recommendation of approval of a Certified Survey Map
for the two (2) lot land division for the Duve property located in the NW 1/4 of Section 33. (Tax
Key No. 2290.995.002 / W187 S10610 Kelsey Drive). This resolution was read by title only.
Alderman Salentine made a motion to approve. Commissioner Smith seconded. Petitioner
requesting to create two new parcels from parcel #4 from previous resolution . Discussion
from Resolution #P.C. 12-99 will pertain to this resolution. Parcels do conform to R-1 district
requirements. Parcel 1 has 8,297 square footage of outbuildings which exceeds the permitted
1,696 square footage. The outbuilding on parcel 2 must be removed as it is a secondary
structure on property without a primary structure. Staff recommends submittal of 2’ contour
lines and key elevations on roads, neighboring parcels building areas on subject parcels,
manholes, etc.; indication of all easement areas on parcels; illustration of R-1 building setback
lines for all parcels; reduction in total outbuilding square footage to no more than 1,696 square
feet for parcel 1; and the existing structure on parcel 2 will need to be removed. A 50 foot
access restriction from southwest corner north and “No Access” restriction be placed on south
lot line. Alderman Salentine made a motion to amend resolution to read, THEREFORE BE IT
FURTHER RESOLVED, That a sunset clause be placed on the 1,350 square foot structure
with a primary structure to be constructed within twelve (12) months. Commissioner
Gummer seconded. Upon a voice vote, Resolution #P.C. 13-99 was Amended unanimously.
Commissioner Hulbert made a motion to defer this resolution. Commissioner Smith seconded.
Upon a voice vote, Amended Resolution #P.C. 13-99 was Deferred unanimously.
RESOLUTION #P.C. 14-99 -- Approval of a Conceptual Development Plan for the
Quietwood Creek Subdivision by Carity Land Corp., located in the SE 1/4 of Section 03. (S70
W15781Janesville Road). Alderman Salentine made a motion to approve. Commissioner
Schaumberg seconded. Petitioner’s representative, Mr. Kalvin Klimeck, requested this item be
deferred until later in the meeting to allow Mr. Carity to arrive and speak. Commissioner
Gummer made a motion to defer this item until Mr. Carity arrives at Plan Commission meeting.
Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 14-99 was Deferred until
petitioner arrives at Plan Commission Meeting.
RESOLUTION #P.C. 15-99 -- Recommendation of Approval of the Creation of Chapter
17, Section 9.11 OWP Overlay Wellhead Protection District for the City of Muskego by the
Public Utilities Committee. Alderman Salentine made a motion to approve. Commissioner
Hulbert seconded. Director Sadowski presented the Statement of Intent along with Permitted
and Prohibited Uses. Director Sadowski showed an overlay of the area that will be affected.
There will be a public hearing on this ordinance scheduled for February 9, 1999. It is the
intention of this ordinance to be applied as an overlay district. The district establishes
standards for the distance certain facilities and uses can be from a well. Any existing facilities
in conflict with the ordinance may be required to be upgraded if the City deems such action to
be necessary to protect water quality. These restrictions will only apply to municipal wells.
Well # 7 was recently installed in the Muskego Park. Upon a roll call vote, Resolution #P.C.
15-99 was Adopted unanimously.
Mr. Carity arrived at Plan Commission meeting at 8:00 P.M. at which time Resolution #P.C. 14-
99 was discussed.
RESOLUTION #P.C. 14-99 -- Approval of a Conceptual Development Plan for the
Quietwood Creek Subdivision by Carity Land Corp., located in the SE 1/4 of Section 03. (S70
W15781Janesville Road). Petitioner proposes a 141 single-family residential development
with an expanded business use along Janesville Road. This new proposal eliminates all
02-02-99 PC Minutes Page 4
duplex and multi-family residents and increases the business area from 16.4 acres to 25.9
acres. Mr. Carity addressed Commission that he has no prospective plans for the business
area. Mr. Carity also stated that he did not wish to discuss the civic center at this time. Staff
recommends B-3/OPD General Business zoning to match the north side of Janesville Road
and RS-3/OPD zoning to encompass the entire residential area. The road layout remains the
same as previously submitted and approved by Plan Commission with exception of elimination
of the future Moorland Road connection. Staff suggests direct street access from single family
area to business area with street extending all the way to the east limit of the business area for
future connection to Moorland Road. Director Sadowski also suggested that a scattered
duplex component be added. There are four primary greenspace areas which preserve
existing wetlands and wooded areas. Eleven lots are shown to be affected by the 100 year
floodplain, and Lots 9 and 10 appear to be significantly impaired by floodplain and may not be
developable. Access to open space areas between lots 26, 27, 44, 45, 74, 75, 95 and 96
should be provided. Commissioner Hulbert would like to see a recreational trail (pedestrian
path) along the creek. Alderman Salentine would like to have the City work with Mr. Carity in
relation to Martin Road. She feels that the corner of Martin Road and Janesville Road is an
extremely dangerous intersection. Alderman Salentine stated that the City needs to start
planning the alignment of Lakes Parkway and Martin Road. This road alignment would have a
positive affect on Mr. Carity’s development. Mr. Carity plans to do this development in two
phases. The northern portion of the residential area would be completed in phase 1.
Commissioner Gummer would like to have access to Woods Road with phase 1 to help
alleviate traffic onto Janesville Road at the Lakes Parkway intersection. Director Sadowski
pointed out that the connection to Vine Street would help address this traffic problem. Mr.
Carity did not wish to commit to constructing roads throughout the entire development. Upon a
roll call vote, Resolution #P.C. 14-99 was Adopted with a 6-1 vote. Commissioner Gummer
voted No.
MISCELLANEOUS BUSINESS:
None
ADJOURNMENT:
Alderman Salentine made a motion to adjourn at 9:00 P.M. Engineer Zoppa 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