PC MIN 06-06-2000
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday June 6, 2000 7:00 PM
Muskego Public Library, Conference Room 5, S73 W16663 Janesville Road
Mayor De Angelis called the meeting to order at 7:00 p.m.
PRESENT
Mayor De Angelis, Alderman Chiaverotti, Commissioners Hulbert (arrived at 8:20 p.m.), Schaumberg,
Brodel, Smith, Plan Director Turk, Assistant Plan Director Wolff, City Engineer McMullen and Recording
Secretary Asti.
ABSENT
Commissioner Gummer
Secretary Asti 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 May 16, 2000 meeting.
Commissioner Brodel seconded. Upon a voice vote, motion to approve the minutes was adopted
unanimously.
OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION
RESOLUTION #P.C. 026-2000 -- Approval of a ten lot sketch Preliminary Plat for the Rosewood
Estates Addition No. 1 for Rosewood Estates Corporation, located in the NE ¼ and NW ¼ of Section 11
(Tax Key No. 2202.994). This resolution was read by title only and brought back to the floor for
consideration. This item has been deferred eight times. Petitioner has been requested to resubmit plan
revisions. To date, no plans have been submitted. Upon a roll call vote, Resolution #P.C. 026-2000 was
Denied unanimously. Mayor De Angelis noted the denial is without prejudice, and the Commission may
entertain a resubmittal if staff concerns are addressed.
RESOLUTION #P.C. 084-2000 – Determination of Use: Classification of Community Based
Residential Facilities in residential and business zoning districts. This resolution was read by title only
and brought back to the floor for consideration. City Attorney has reviewed correspondence and
resolution and indicated that the Courts may view square foot requirements as discriminatory. This
language should be removed from the resolution. Updated recommendations have been incorporated
into Resolution #P.C. 084A-2000. Alderman Chiaverotti made a motion to amend resolution to reflect
changes that appear in Resolution #P.C. 084A-2000. Commissioner Smith seconded. Upon a voice
vote, Resolution #P.C. 084A-2000 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 084A-2000 was Adopted unanimously.
RESOLUTION #P.C. 090 - 2000 – Recommendation to rezone the Landvest Development Group,
Inc. property located south of Janesville Road and east of Crowbar Road, from A - Agriculture District
and OHS - Highway Service Overlay District, to B-2 General Business District (Tax Key No. 2231.998 /
No Address Assigned). This resolution was read by title only and brought back to the floor for
consideration. Previously petition was deferred pending final recommendation from 2010
PLAN COMMISSION MINUTES, Continued
June 6, 2000
Comprehensive Plan Committee regarding presence of convenience retail in the Janesville Road and
Crowbar Road area. The 2010 Comprehensive Plan Committee has not met since last Plan Commission
meeting. A Public Hearing was held with no objections. Alderman Chiaverotti made a motion to defer.
Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 090-2000 was Deferred
unanimously.
RESOLUTION #P.C. 092 - 2000 – Approval of a one lot sketch land division of the Boehm property,
located in the SE ¼ of Section 16 (Tax Key No. 2224.994 / No address assigned). This resolution was
read by title only and brought back to the floor for consideration. The City Attorney’s review found no
indication that the court order is requiring the division of the property. The City Attorney is conducting
further research as to whether the transfer of ownership from two parties as a sole owner constitutes a
true change of ownership. Commissioner Brodel made a motion to defer. Commissioner Smith
seconded. Upon a roll call vote, Resolution #P.C. 092-2000 was Deferred unanimously.
RESOLUTION #P.C. 098 - 2000 – Recommendation to Common Council regarding the
implementation of COMM 83. This resolution was read by title only. Commissioner Smith made a motion
to bring this resolution to the floor for consideration. Commissioner Schaumberg seconded. Potential
conflicts have been found in the Zoning, Land Division and Sewer Utility Chapters. Furthermore, there
are conflicts with the City’s Development Standards Manual which contain policies adopted by
Resolution. Staff recommends that the City adopt deferral of COMM 83 implementation allowing Staff
time to review Codes and Policies. Upon a roll call vote, Resolution #P.C. 098-2000 was Adopted
unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 137-99 - Recommendation of approval to Rezone the MW Marine property from
I-1, Industrial Park to I-1/OIP, Industrial Park with the Institutional and Public Service Overlay District
located in the SW ¼ of Section 1 (Tax Key No. 2162.999 / S63 W13951 West College Avenue). This
resolution was read by title only. No new information has been received on this item. Commissioner
Schaumberg made a motion to defer. Alderman Chiaverotti seconded. Upon a voice vote, Resolution
#P.C. 137-99 was Deferred unanimously.
RESOLUTION #P.C. 138-99 - Approval of a Conditional Use Grant and Building, Site and Operation
Plan for a 100 foot tall monopole telecommunications tower for the Milwaukee SMSA Limited Partnership
at the MW Marine property located at S63 W13951 West College Avenue. (SW ¼ of Section 1 / Tax
Key No. 2162.999). This resolution was read by title only. No new information has been received on this
item. Commissioner Schaumberg made a motion to defer. Alderman Chiaverotti seconded. Upon a
voice vote, Resolution #P.C. 138-99 was Deferred unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 99-2000 – Annual review of Conditional Use Grant for the sale and
service of snowmobiles, motorcycles, personal watercraft and ATV’s for Arthur Graves / G&G
Power Sports (Tax Key No. 2223.001 / S83 W18410 Saturn Drive). This resolution was read by
title only. Commissioner Smith made a motion to approve. Commissioner Brodel seconded.
Upon a roll call vote, Resolution #P.C. 99-2000 was Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
June 6, 2000
RESOLUTION #P.C. 100-2000 – Approval of the extraterritorial final plat of Lilac Meadows
Subdivision, for Malchine Farms, Inc., Town of Norway. This resolution was read by title only.
Commissioner Smith made a motion to approve. Commissioner Brodel seconded. Upon a roll call
vote, Resolution #P.C. 100-2000 was Adopted unanimously.
RESOLUTION #P.C. 101-2000 – Approval of 657 square foot accessory structure for the Dix
property, located in the NE ¼ of Section 8 (Tax Key No. 2189.091 / S72 W19351 Richdorf Drive).
This resolution was read by title only. Commissioner Smith made a motion to approve.
Commissioner Brodel seconded. Plan Director Turk stated that the title of the resolution should
read 657 square feet in place of the 700 square feet. Upon a roll call vote, Resolution #P.C. 101-
2000 was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 102-2000 – Approval of a conceptual business site and operation for the
redevelopment of the Parkland Mall property located in the NE ¼ of Section 10, for Parkland Ventures
LLC (Tax Key No. 2198.984). Commissioner Schaumberg made a motion to approve. Commissioner
Smith seconded. Petitioner submitted conceptual plans for mixed use development of the Parkland Mall.
Plans include removal of existing mall structure and development of three separate commercial
structures along with a restaurant, addition to existing bank, elderly housing structure, underground
parking structures, and common areas including pavilion. Planning Staff provided developer a list of
comments and concerns that have been summarized in the Supplement for P.C. 102-2000. Petitioner
submitted correspondence to address the main issues of concern. Reviewing bulk zoning regulations
discovers that with the exception of the multi-family density, the submitted proposal conforms to
requirements for B-4/OPD zoning.
Mr. Don Pionek, petitioner’s representative, gave a presentation of the conceptual proposal. The revised
plan shows the one story retail buildings located closer to Janesville Road. The existing pond separates
the elderly housing from the condo project. The elderly housing will include thirty units in each building
with a common area between buildings. The full service restaurant will include a deck overlooking a
central pond. This pond will alleviate some of the drainage issues. The existing St. Francis Bank will be
remodeled along with having an addition to the building. There will be underground parking in the three
retail buildings and the elderly housing buildings. Advantages of the underground parking will be less
rain runoff and less asphalt on site. A boulevard will be placed on Janesville Road along with
ornamental street lighting. Entryway to development will include a clock tower to give the downtown area
a signature.
Plan Director Turk stated that according to zoning code approximately ten units would be allowed for the
elderly housing. Code revisions will be necessary. Director Turk also stated that Commissioner Gummer
was unable to attend this meeting. However, Commissioner Gummer was present at the June 1, 2000,
Committee of the Whole meeting to see the presentation given by petitioner and was not satisfied with
proposal. Consensus from members of the Commission would be to move forward on this project.
Although plans reflect requirements of the Comprehensive Plan additional detailed information regarding
site layout, size and style of buildings will need to be submitted. Commissioner Brodel made a motion to
amend resolution to add BE IT FURTHER RESOLVED, That architectural renderings must conform
to the standards of the Downtown Design Guide. BE IT FURTHER RESOLVED, That the Plan
Commission will be receptive to Zoning Code and Map amendments necessary to accommodate a
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PLAN COMMISSION MINUTES, Continued
June 6, 2000
sixty unit elderly housing structure. Alderman Chiaverotti seconded. Upon a voice vote, Resolution
#P.C. 102-2000 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 102-2000
was Adopted unanimously.
RESOLUTION #P.C. 103-2000 – Approval of a Preliminary Plat of Lakewood Condominiums f.k.a.
Overlook Bay phase II, located in the SE ¼ of Section 8 for Gary Januszewski (Tax Key Nos. 2192.979,
2192.982, 2192.058). Commissioner Schaumberg made a motion to approve. Commissioner Smith
seconded. After staff review, there were a number of technical issues that needed to be addressed prior
to approval. The technical corrections have been noted in this resolution. Petitioner’s engineer has
received staff comments and will address all issues accordingly. Upon a roll call vote, Resolution #P.C.
103-2000 was Adopted unanimously.
RESOLUTION #P.C. 104-2000 – Approval of a Preliminary Plat of Candlewood Creek Subdivision
located in the NE ¼ and NW ¼ of Section 11, for Towne Realty Inc. Commissioner Schaumberg made
a motion to approve. Commissioner Smith seconded. Petitioner has addressed all technical issues.
However, lot 45 is in question as to the buildable area on this parcel. Mr. Jim Doering, petitioner, stated
that they are working with R. A. Smith to show the building pad on this lot. Upon a roll call vote,
Resolution #P.C. 104-2000 was Adopted unanimously.
RESOLUTION #P.C. 105-2000 – Approval of street tree plans for Champions Village Addition No. 2
of Country Club Villages Subdivision located in the NW ¼ of Section 25, for Burke Properties, Inc.
Commissioner Smith made a motion to approve. Alderman Chiaverotti seconded. Proposed trees do
not conform with Urban Forestry Strategic Plan. The Urban Forestry Committee recommends mixture of
species for street trees. All Norway Maples should be replaced with mixture of Autumn Purple Ash and
Redmond Linden. Petitioner requested to provide updated plan illustrating plantings in agreement with
Urban Forestry Strategic Plan. Alderman Chiaverotti made a motion to defer until revisions were
resubmitted. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 105-2000 was
Deferred unanimously.
RESOLUTION #P.C. 106-2000 – Approval of street tree plans for Champions Village Addition No. 3
of Country Club Villages Subdivision located in the NE ¼ of Section 25, for Burke Properties, Inc. This
resolution was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner
Smith seconded. Proposed trees do not conform with Urban Forestry Plan. The Urban Forestry
Committee recommends mixture of species for street trees. All Norway Maples should be replaced with
mixture of acceptable species. Petitioner has been requested to provide updated plan illustrating
plantings in agreement with Urban Forestry Strategic Plan. Landscaping along Ryan Road should be
illustrated on plan. Alderman Chiaverotti made a motion to defer until revisions were resubmitted.
Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 106-2000 was Deferred
unanimously.
RESOLUTION #P.C. 107-2000 – Approval of landscape plans for Rosewood Estates Subdivision
located in the NE ¼ and NW ¼ of Section 11, for Rosewood Estates Partnership. Commissioner
Smith made a motion to approve. Commissioner Schaumberg seconded. Submitted plans illustrate
retention of existing trees, but does not provide tree survey to identify size or species of trees to be
retained. Outlots illustrated on Final Plat include landscape buffers abutting Moorland Road corridor,
these areas are not illustrated on submitted plans. Proposed trees are not approved by the Urban
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PLAN COMMISSION MINUTES, Continued
June 6, 2000
Forestry Plans. Alderman Chiaverotti made a motion to defer to allow petitioner resubmittal of revisions.
Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 107-2000 was Deferred
unanimously.
RESOLUTION #P.C. 108-2000 – Recommendation to approve the rezoning of a portion of the State
Financial Bank property located in the SE ¼ of Section 9, from RS-3/OPD Suburban Residence with
Planned Development Overlay District to B-3 General Business District (part of Tax Key No. 2196.966 /
Kristen Drive). Commissioner Schaumberg made a motion to approve. Alderman Chiaverotti seconded.
Petitioner proposes to rezone portion of property to combine parcels and construct professional office
building. A Public Hearing has been scheduled before the Common Council on June 13, 2000. The
Plan Department has received one objection to this proposal. The adopted 2005 Comprehensive Plan
does not clearly illustrate boundary between business and residential use. The draft 2010
Comprehensive Plan illustrates property be used in conformance with B-3 or B-4 Districts. Petitioner, Mr.
Jack Spoerl, addressed Commission that the professional building would have a similar architectural
design as the existing Bank building. Mr. Spoerl feels that this additional building would fit well into this
area and be esthetically pleasing. Upon a roll call vote, Resolution #P.C. 108-2000 was Adopted
unanimously.
RESOLUTION #P.C. 109-2000 – Recommendation to approve floodplain zoning map amendments
for Jewel Creek, located in the NE ¼ of Section 5, NW ¼ and SE ¼ of Section 4, and generally being
between the City Limits at College Avenue and the confluence with Little Muskego Lake. Commissioner
Brodel made a motion to approve. Alderman Chiaverotti seconded. The City of Muskego has petitioned
to amend Chapter 14, Section 1.5(2) of municipal Code to remove land from regulated flood hazard
area. This amendment will become effective after approval by Department of Natural Resources. A
Public Hearing is scheduled before the Common Council on June 13, 2000. Made a motion to
seconded. Upon a roll call vote, Resolution #P.C. 109-2000 was Adopted unanimously.
RESOLUTION #P.C. 110 - 2000 – Approval of a four lot Certified Survey Map for the Wiza property,
located in the NW ¼ of Section 8 (Tax Key No. 2190.994.003 / W197 S7325 Hillendale Drive).
Commissioner Smith made a motion to approve. Commissioner Schaumberg seconded. Petitioner did
not record original certified survey map within thirty days of Common Council approval. Petitioner
received Plan Commission reapproval of sketch land division. This proposal is identical to sketch
approval. Notation should be placed on certified survey map that according to the new Stormwater
Management Ordinance approval is permitted by City Engineer. Upon a roll call vote, Resolution #P.C.
110-2000 was Adopted unanimously.
RESOLUTION #P.C. 111 - 2000 – Approval of Building Site and Operation Plan and determination of
non-substantial change to Conditional Use Grant for Sowinski Repair, Inc. property, located in the SE ¼
and SW ¼ of Section 9 (Tax Key No. 2196.989 / W179 S7714 / 16 Pioneer Drive). Commissioner
Schaumberg made a motion to approve. Alderman Chiaverotti seconded. Petitioner proposing to
operate small engine repair business. Sales and service of automobiles is permitted under existing
conditional use grant. Staff recommends that parking lot striping be installed. Proposed operation
appears less obtrusive than automobile sales. Commissioner Hulbert made a motion to amend
resolution to add, BE IT FURTHER RESOLVED, That parking lot striping is to be completed within
90 days of approval. Commissioner Smith seconded. Upon a voice vote, Resolution #P.C. 111-2000
was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 111-2000 was Adopted
unanimously.
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PLAN COMMISSION MINUTES, Continued
June 6, 2000
RESOLUTION #P.C. 112 - 2000 – Approval of a two lot Certified Survey Map for the Whitehouse
property located in the SW ¼ of Section 6 (Tax Key No. 2183.998.002 / S67 W21885 Tans Drive).
Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded. Proposed
certified survey map conforms to the previously approved sketch. Parcels will meet requirements for
RCE zoning, provided access easement is labeled “Reserved for Future Street”. Existing WEPCO
easement running north-to-south along east parcel boundary must be illustrated on final certified survey
map. Location of on-site sanitary systems must be illustrated on final certified survey map. Upon a roll
call vote, Resolution #P.C. 112-2000 was Adopted unanimously.
RESOLUTION #P.C. 113 - 2000 – Request for partial removal of street reservation for the Pellmann
property located in the SW ¼ of Section 26 (Tax Key No. 2264.998.003 and 2264.998.005 / S101
W14510 Loomis Road). Commissioner Schaumberg made a motion to approve. Commissioner Brodel
seconded. Petitioner requesting partial removal of street reservation. The reservation is not necessary
to serve future development on adjoining properties. Upon a roll call vote, Resolution #P.C. 113-2000
was Adopted unanimously.
RESOLUTION #P.C. 114 - 2000 – Approval of a two lot Certified Survey Map for the Peters property,
located in the SW ¼ of Section 33 (Tax Key No. 2291.997 / S107 W18677 Muskego Dam Road).
Commissioner Hulbert made a motion to approve. Alderman Chiaverotti seconded. Petitioner proposing
to subdivide into two parcels. Sketch approval was granted in May, 2000 by the Plan Commission.
Wetlands have been delineated , however, wetland crossing permit may be required from Wisconsin
Department of Natural Resources to gain access to parcel 2. The approved locations of on-site sanitary
systems are required to be illustrated on the final certified survey map. A grading plan is required to be
submitted. Revisions have been submitted and addressed staff concerns. Commissioner Smith made a
motion to amend resolution to add the following, BE IT FURTHER RESOLVED, That a DXF file of this
CSM be submitted to the City prior to City signatures being placed upon the CSM (3-1/2” diskette).
Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 114-2000 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 114-2000 was Adopted unanimously.
RESOLUTION #P.C. 115 - 2000 – Approval of a two lot sketch land division and conceptual
rezoning for the Schultz property located in the SW of Section 1 (Tax Key No. 2163.999.008 / Tess
Corners Drive : No address assigned). Commissioner Schaumberg made a motion to approve.
Commissioner Smith seconded. Petitioner proposing to subdivide a 1.156 acre parcel into two
residential parcels and rezone property to construct a two-family structure on each parcel. Similar
request was denied in November, 1999, due to failure to meet minimum lot width requirements.
Petitioner addressed Commission stating that he is proposing to build a two family home for his family
and his aging parents. Discussion ensued wherein the zoning ordinances do not allow this type of
zoning in this area. Upon a roll call vote, Resolution #P.C. 115-2000 was Denied unanimously.
RESOLUTION #P.C. 116 - 2000 – Approval of a two lot sketch land division for the Bagley
property located in the SW ¼ of Section 4 (Tax Key No 2175.975 and 2175.976 / W187 S6996
Gold Drive). Commissioner Smith made a motion to approve. Commissioner Hulbert seconded.
Proposed parcels meet zoning code requirements and this division would adjust lot lines. Parcels
will be served by public sewer and private wells. A grading plan will be required prior to permits
being issued. Upon a roll call vote, Resolution #P.C. 116-2000 was Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
June 6, 2000
RESOLUTION #P.C. 117- 2000 – Recommendation to approve the Urban Forestry Management
Plan and Urban Forestry Strategic Plan. Alderman Chiaverotti made a motion to approve.
Commissioner Smith seconded. The Urban Forestry Committee and Park and Recreation Board have
approved plans prepared by Ranger Services, Inc. Some of the recommendations contained in the
reports fall with purview of the Plan Commission. Upon a roll call vote, Resolution #P.C. 117-2000 was
Adopted unanimously.
MISCELLANEOUS BUSINESS
Conservation Plan Update -- Mayor De Angelis has a listing of the committee members and will be
announcing appointments at the June 13, 2000, Common Council meeting. Some field work has been
started on this project and Plan staff will keep Commissioners informed of progress. There will be a
meeting of the Conservation Plan Committee held Thursday, June 15, 2000.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:15 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
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