PC MIN 02-01-2000
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday February 1, 2000
7:00 P.M. Regular Meeting in the Muskego Room, City Hall, W182 S8200 Racine Avenue.
Mayor De Angelis called the meeting to order at 7:00 p.m.
PRESENT:
Mayor De Angelis, Alderman Salentine, Commissioners Hulbert, Schaumberg, Brodel, Plan
Director Turk and Recording Secretary Asti.
ABSENT:
Commissioners Smith and Gummer
Secretary Asti reported that the meeting was properly noticed in accordance with the Open
Meeting Law.
MINUTES:
Alderman Salentine made a motion to approve the minutes of January 18, 2000, meeting.
Commissioner Brodel seconded. Upon a voice vote, motion to approve the minutes was
approved unanimously.
OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION
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. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg
seconded. Upon a voice vote, Resolution #P.C. 78-99 was Deferred unanimously.
RESOLUTION #P.C. 112-99 - Approval of Business Site and Operation (BSO) Plan
and Conditional Use Grant for a Gasoline Service Station and Convenience Store for the
O’Malley Investments, Inc. parcel located at the Northeast corner of STH 45 and STH 36 in
the NE ¼ of Section 25. (Tax Key Nos. 2257.978.004 and 2257.997 and part of adjacent
WEPCO right-of-way). This resolution in the form of Amended Resolution #P.C. 112A-99
was brought back to the floor for discussion. Plan Director Turk stated that Waukesha
County has indicated that the line of sight issues have been resolved; proposed access
meets ASHTO standards and pavement markings will be required. Letter has been
received from Ms. Susan Voight, Wisconsin Department of Transportation, stating no
objections to the proposed plan. Commissioner Hulbert made a motion to amend
resolution in the eighth WHEREAS, Said structures…the Durham Hill Design manual,
because the Plan Commission finds that stone veneers are not approved materials,
and ….. In the sixteenth WHEREAS, A dumpster enclosure…..…. the Durham Hill Design
manual, because the Plan Commission finds that stone veneers are not approved
PLAN COMMISSION MINUTES, Continued
February 1, 2000
materials, and ….. In the first THEREFORE BE IT RESOLVED, …and part of adjacent
WEPCO right-of-way). Subject to the substitution of Lannon Stone where petitioner
proposes stone veneer. Delete the first BE IT FURTHER RESOLVED paragraph.
Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 112a-99 was
Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 112a-99 was
Adopted unanimously.
RESOLUTION #P.C. 113-99 - Approval of Conditional Use Grant and Building, Site and
Operation Plan for a 190 foot tall Monopole Telecommunications Tower for the Walter
Group at part of the property located at S107 W18677 Muskego Dam Road (Tax Key No.
2291.997). This resolution was brought back to the floor for discussion. Lengthy discussion
ensued regarding alternative site west of the landfill and east of Loomis Road. Mr. Pedar
Christensen, WFI, stated that this site is too far east and is the least desirable location. Mr.
Randy Krushka, Senior Engineer for Sprint, explained the areas needed for coverage and
noted that the subject area is too far east, resulting in greater separation of towers. Mayor
De Angelis stated there are multiple access points in the area and asked petitioner if all
possibilities in this area were explored. Consensus of Plan Commission was that the area
west of the landfill and east of Loomis Road would be a less obtrusive area for the
placement of proposed tower. Attorney Kronquist addressed Commission stating that she
believed all alternative possibilities have been exhausted and there is not a legitimate
reason to explore other locations. Attorney Kronquist reminded Commission of petitioner’s
rights under the Telecommunications Act of 1996. Mayor De Angelis noted that the City is
aware of its power and duties, and reminded petitioner that they are not being excluded
from the City. The City is exercising its zoning authority in this matter. Commissioner
Hulbert made a motion to defer allowing petitioner to explore alternative locations west of
the landfill and east of Loomis Road that would be less obtrusive to the community.
Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 113a-99 was
Deferred unanimously.
RESOLUTION #P.C. 114-99 - Recommendation of Approval to conceptually rezone the
Peters property from A, Agricultural, to A/OIP, Agricultural with the Institutional and Public
Service Overlay District located in the SW ¼ of Section 33 (Tax Key No. 2291.997 / part of
S107 W18677 Muskego Dam Road). This resolution was brought back to the floor for
discussion. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg
seconded. Upon a voice vote, Resolution #P.C. 114-99 was Deferred unanimously.
RESOLUTION #P.C. 132-99 - Recommendation of Approval of a Building Site and
Operations Plan for Phase 1 of the “Dreamland” OPD Planned Development District, for
Jewel / Osco - American Stores Properties, Inc., by Dreamland Investors LLC, located in
the SW ¼ of Section 2 and the SE ¼ of Section 3. (Tax Key No. 2167.995 and 2172.999).
This resolution was brought back to the floor for discussion. Revised plans were submitted
indicating that the loading dock traffic patterns have been reversed. Additional hip roofs
have been added to northeast and northwest corners of building. Staff suggesting that the
spandrel glass along Moorland Road should be back-lit. Planning Director Turk had
discussed the addition of an additional hip roof over the western loading dock. Mr. Peter
Theodore concurred with this. The mechanicals location and screening remain a concern
to staff. Mr. Theodore proposed illumination under the Moorland Road side awnings so as
not to block the spandrel glass windows. The window area will be fully enclosed and
completely sealed off from the main area. Mr. Theodore mentioned that he would be using
frosted clear glass not the black glass. The placement of mechanicals were discussed
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PLAN COMMISSION MINUTES, Continued
February 1, 2000
with Mr. Theodore agreeing to do research to place the mechanicals out of the line of sight.
Mr. Theodore requested to work with Plan Staff on materials used to screen mechanicals.
Alderman Salentine made a motion that Resolution #P.C. 132-99 be amended reflecting
changes in Resolution #P.C. 132C-99. Commissioner Schaumberg seconded.
Commissioner Hulbert made a motion to amend resolution on page 5, BE IT FURTHER
RESOLVED, That store hours shall be permitted but are not required to include 24 hour
per day operations. That delivery hours and trash collection hours will not be greater
than 6:00 a.m. to 10:00 p.m. or equal to recently approved grocery uses, if less
stringent. Commissioner Brodel seconded. Commissioner Hulbert made a motion to
amend Resolution #P.C. 132C-99 to add in the first WHEREAS,… January 27, 2000, and
February 1, 2000, and…. On page 5, add to BE IT FURTHER RESOLVED, That the all
spandrel glass shall be illuminated with shielded downcast exterior fixtures to present a
storefront appearance during all business hours. On page 5 add THEREFORE BE IT
FURTHER RESOLVED, That the screening of roof top mechanicals be completed to
the satisfaction of the Planning Director prior to issuance of occupancy permits. On
page 6, in the second BE IT FURTHER RESOLVED, That no additional outdoor
illumination including devices such as strobe lights mounted on security cameras may
be constructed… Remove the fourth and fifth BE IT FURTHER RESOLVED paragraphs.
On page 7 add THEREFORE BE IT FURTHER RESOLVED, That additional hip roof
components be added to western loading dock. Alderman Salentine seconded. Upon
a voice vote for amendments and roll call vote Resolution #P.C. 132C-99 was Adopted as
Amended.
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. Commissioner
Brodel made a motion to Defer. Commissioner Hulbert 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. Item deferred allowing petitioner time to negotiate with Laidlaw Tranist.
Attorney Jim Gormley, petitioner’s representative, stated that he has mailed a certified
letter on January 14, 2000, to Laidlaw Transit and has not received a response.
Commissioner Brodel made a motion to Defer. Commissioner Hulbert seconded. Upon a
voice vote, Resolution #P.C. 138-99 was Deferred unanimously.
RESOLUTION #P.C. 139-99 - Approval of a Conditional Use Grant and Business, Site
and Operations Plan for Bryon Hrin / AAA Asphalt Sealing for the purpose of operating a
vehicle storage and maintenance facility on property located in the SW ¼ of Section 25
(Tax Key No. 2259.994 / Loomis Road). This resolution was read by title only. Previously
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PLAN COMMISSION MINUTES, Continued
February 1, 2000
petitioner indicated he would withdraw request and not pursue proposal. Petitioner has not
submitted written request to be removed. Upon a roll call vote, Resolution #P.C. 139-99
was Denied unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 022-2000 -- Approval of an 18’ x 24’ Accessory Structure for the
Polinski property located in the SW ¼ of Section 3 (Tax Key No. 2171.084 / W169 S7047
York Court). This resolution was read by title only. Alderman Salentine made a motion to
approve. Commissioner Hulbert seconded. Petitioner requested approval of 432 square
foot accessory structure. All setback and offset requirements have been met. Upon a roll
call vote, Resolution #P.C. 022-2000 was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 023-2000 -- Approval of an amendment to the Business Site and
Operations Plan for WTP holdings LLC / Penzeys Spices, located in the NE ¼ of Section
17 (Tax Key No. 2225.999.008 / S82 W19362 Apollo Drive). Alderman Salentine
recused herself from this issue. Commissioner Schaumberg made a motion to approve.
Commissioner Hulbert seconded. Petitioner proposing to expand parking lot to the north
side of building. Code requires parking areas greater than four stalls on commercial or
industrial property to be constructed of dust free materials. Discussion ensued wherein
proposed parking lot must be paved with asphalt or other bituminous hard surfacing
material. Commissioner Schaumberg made a motion to amend resolution adding
THEREFORE BE IT FURTHER RESOLVED, That petitioner work with Plan Staff
proposing material to screen dumpsters. Commissioner Hulbert seconded. Upon a
voice vote, Resolution #P.C. 023-2000 was Amended unanimously. Upon a roll call vote,
Amended Resolution #P.C. 023-2000 was Adopted unanimously.
RESOLUTION #P.C. 024-2000 -- Approval of a three lot Certified Survey Map for the
State Financial Bank property located in the SE ¼ of Section 9 (Tax Key No. 2196.966 /
S76 W17655 Janesville Road). Alderman Salentine made a motion to approve.
Commissioner Schaumberg seconded. Petitioner received sketch approval in 1998.
Survey reserves Janesville Road to its ultimate right-of-way width. Waukesha County DOT
provided correspondence to City on November 15, 1999 accepting highway dedication in
lieu of reservation. Grading plans have been submitted. Upon a roll call vote, Resolution
#P.C. 024-2000 was Adopted unanimously.
RESOLUTION #P.C. 025-2000 -- Recommendation of approval of RSA / OPD zoning
and for the lands more commonly known as Muirfield Village of Country Club Villages, for
Villages at Muskego Lakes Partnership, located in the NE ¼ and NW ¼ of Section 25 (Tax
Key No 2258.996.002). Commissioner Brodel made a motion to approve. Alderman
Salentine seconded. Petitioner received approval on preliminary plat and requesting RSA
/ OPD zoning to begin construction. The preliminary plat conforms to the RSA zoning
district. The OPD, Planned Development Overlay, allows flexibility for lot sizes and
setbacks provided total density of one dwelling per 10,000 square feet is not exceeded.
Mr. Bill Pucillo, Burke Properties, addressed Commission stating that market studies have
shown that proposed buyers for this development will be “empty nesters” or the young
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PLAN COMMISSION MINUTES, Continued
February 1, 2000
professionals. Units for this development will be selling in the range of $180,000 -
$200,000. The roads for this project will be built to City standards. A public hearing has
been scheduled before the Common Council on Tuesday, February 8, 2000. Upon a roll
call vote, Resolution #P.C. 025-2000 was Adopted unanimously.
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). Petitioner submitted request that this
item be removed.
RESOLUTION #P.C. 027-2000 -- Approval of a two lot sketch Certified Survey Map for
the Burkart property located in the NE ¼ of Section 31 (Tax Key No. 2281.982 and Tax
Key No. 2281.983 / S106 W20745 North Shore Drive and S106 W20741 North Shore
Drive). Alderman Salentine made a motion to approve. Commissioner Hulbert seconded.
Petitioner owns two parcels zoned RS-2 / OLS, Single Family Residence District and
Lakeshore Overlay District. The first parcel is legal non-conforming due to substandard
area and substandard width. The second parcel is legal non-conforming due to
substandard width. Both parcels have single family residences that are classified as legal
non-conforming due to setback encroachments. Petitioner proposing to adjust lot lines
between properties thereby increasing conformity of lots and structures. Petitioner
proposes to perform lot line adjustments by certified survey map in order to provide clear
land records. Upon a roll call vote, Resolution #P.C. 027-2000 was Adopted unanimously.
RESOLUTION #P.C. 028-2000 -- Approval of a three lot sketch Certified Survey Map
for the Sayer property located in the NW ¼ of Section 16 (Tax Key No. 2222.997 / W180
S8088 Pioneer Drive). Commissioner Schaumberg made a motion to approve.
Commissioner Brodel seconded. Parcel zoned RS-2, Suburban Residence District, and
contains legal-nonconforming duplex structure. All proposed parcels meet minimum zoning
requirements. Final CSM must show delineation of existing wetlands by SEWPRC. Upon
a roll call voice vote, Resolution #P.C. 028-2000 was Adopted unanimously.
MISCELLANEOUS BUSINESS
Discuss COMM 83 – Plan Director Turk attended meeting wherein COMM 83 will add
35% to developable areas as compared to conventional systems. This proposal may open
up as much as 4000 acres of land that will not be buildable. The Comprehensive Plan
Committee feels this is a much bigger issue than the Committee can handle at this time
and recommends the City place a moratorium on limitation of unsewered lands. Mayor De
Angelis explained that this issue may go into effect in June and upcoming information will
be brought forward to keep Commission aware of status of COMM 83.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:43 p.m. Commissioner Brodel
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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