PC MIN 09-04-2001
AMENDED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday September 4, 2001
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor De Angelis called the meeting to order at 7:14 p.m.
PRESENT:
Mayor De Angelis, Alderman Le Doux, Commissioners Gummer, Brodel, Schaumberg, Hulbert,
Plan Director Turk and Recording Secretary Asti.
ABSENT:
Commissioner Smith
Secretary Asti reported that the meeting was properly noticed in accordance with the Open
Meeting Law.
MINUTES:
Commissioner Brodel made a motion to approve the minutes of the August 21, 2001, meeting.
Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was
adopted.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 097–2001 – Approval of a Building Site and Operation Plan and
Conditional Use Grant for a 9 bedroom community based residential facility for the elderly to
be located on the Gorenc property in the SE ¼ of Section 10 (Tax Key No. 2197.203 / W158
S7462 Quietwood Drive). This item was on the floor and deferred. Proposed amendments to
the Resolution include recommendations to Common Council relating to the substantial
change to the approved Quietwood Creek Planned Development District, as required by
adopted Plan Commission Resolution #PC 129-2001. Plan Director Turk stated that petitioner
has submitted the items requested at the July 17, 2001 meeting. To a certain extent, the
plans are incomplete. However, Staff has prepared amendments to Resolution depicting
conditional approval on the Conditional Use Grant and Building Site and Operation Plan.
The economic and property value impact along with service impacts and traffic impacts have
not been demonstrated to meet the criteria of the Zoning Code for the amendment of the
Quietwood Creek Planned Development District.
Ms. Gorenc read a lengthy statement reiterating that she is requesting to have restrictions be
placed on the Conditional Use Grant; that she believed her proposal meets code requirements;
and she does not feel that this is a substantial change to the development. Ms. Gorenc stated
that she believed there is a high need for this type of facility, and the elderly should have the
opportunity to decide to live in a home-like atmosphere of which she is proposing.
Consensus of the Commission was that this area was not adequate to support proposed
submittal. In discussion of legal counsel’s opinion and the staff supplement, the Plan
Commission found that the petition did not meet the Zoning Code requirements of Section
17:6.02(5) for the approval of a substantial change to the Quietwood Creek Planned
Development District.
PLAN COMMISSION MINUTES, Continued
September 4, 2001
Alderman Le Doux made a motion to amend resolution as presented. Commissioner
Schaumberg seconded. Upon a voice vote, Resolution #P.C. 097-2001 was Amended
unanimously. Upon a roll call vote, Amended Resolution #P.C. 097a-2001 was Denied
unanimously.
RESOLUTION #P.C. 111–2001 – Recommendation to Common Council to recreate Chapter
18, Land Division, of the Municipal Code pertaining to Conservation Subdivisions, as
recommended by the Conservation Committee. This item was on the floor and deferred
pending comments from the August 28, 2001 Public Hearing. Proposed amendments divide
the existing ordinance into two sections: Conventional Subdivisions and Conservation
Subdivisions. Sections of the existing code have been renamed “conventional” and updates
reflect current design requirements and procedure. Additional sections have been added to
address design, minimum standards and required improvements for Conservation
Subdivisions. An amendment to the text regarding density bonus was proposed and endorsed
by the Conservation Committee. Alderman Le Doux made a motion to amend Resolution
#P.C. 111-2001 as presented. Commissioner Brodel seconded. Upon a voice vote,
Resolution #P.C. 111a-2001 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 111a-2001 was Adopted unanimously.
RESOLUTION #P.C. 112–2001 – Recommendation to Common Council to amend Chapter
17, Zoning, of the Municipal Code pertaining to Building Site and Operational Plan
requirements, as recommended by the Conservation Committee. This item was on the floor
and deferred pending comments from the August 28, 2001 Public Hearing. No amendments
came forward at Public Hearing. Standards for landscaping requirements have been added.
Upon a roll call vote, Resolution #P.C. 112-2001 was Adopted unanimously.
RESOLUTION #P.C. 113–2001 – Recommendation to Common Council to amend Chapter
17, Zoning, of the Municipal Code pertaining to Planned Development District and
Conservation Planned Development District requirements, as recommended by the
Conservation Committee.
This item was on the floor and deferred pending comments from the August 28, 2001 Public
Hearing. The same density bonus calculations as presented in Amended Resolution #P.C.
111-2001 apply. Upon a roll call vote, Resolution #P.C. 113a-2001 was Adopted unanimously.
RESOLUTION #P.C. 120–2001 – Approval of a sketch land division of the Hein property
located in the NE ¼ of Section 12 (Tax Key No. 2205.999.003 / Tess Corners Drive). This
item was on the floor and deferred. Plan Director Turk stated that Staff has met with petitioner
and all amendments have been incorporated into resolution. Petitioner stated that there may
be a discrepancy with the dedication of road right-of-way. Discussion ensued wherein
petitioner will work with Staff to go through procedure requested Common Council to grant
waiver regarding the dedication, if necessary at the time of Certified Survey Map submittal.
Commissioner Brodel made a motion to amend resolution as presented. Commissioner
Schaumberg seconded. Upon a voice vote, Resolution #P.C. 120-2001 was Amended
unanimously. Upon a roll call, Amended Resolution #P.C. 120a-2001 was Adopted
unanimously.
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PLAN COMMISSION MINUTES, Continued
September 4, 2001
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 064–2001 - Approval of an underground equipment vault for Ameritech
on the Larson property located in the NE ¼ of Section 13 (Tax Key No. 2212.999.002 / W125
S8330 North Cape Road). This item was on the floor and deferred. Plan Director Turk stated
that staff has had conversations with Ameritech consultants determining that if owner does not
cooperate, staff will recommend denial of this proposal. Alderman Le Doux made a motion to
defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 064-2001 was
Deferred unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 130–2001 – Approval of an accessory structure for the Peterson
property located in the NW ¼ of Section 14 (Tax Key No. 2214.994.001 / W152 S8011 Mystic
Drive). This resolution was read by title only. Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 130-
2001 was Adopted unanimously.
RESOLUTION #P.C. 131–2001 – Approval of an accessory structure for the Case property
located in the NE ¼ of Section 9 (Tax Key No. 2193.989.004 / S72 W17385 Schubring Drive).
This resolution was read by title only. Commissioner Gummer made a motion to approve.
Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 130-2001 was
Adopted unanimously.
RESOLUTION #P.C. 132–2001 – Approval of an accessory structure for the Hauschild
property located in the NE ¼ of Section 15 (Tax Key No. 2217.944 / S83 W16000 Bass Bay
Lane). This resolution was read by title only. Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 130-
2001 was Adopted unanimously.
RESOLUTION #P.C. 133–2001 – Approval of an accessory structure for the Whittow
property located in the SW ¼ of Section 8 (Tax Key No. 2191.028 / S76 W19804 Prospect
Drive). This resolution was read by title only. Commissioner Gummer made a motion to
approve. Commissioner Schaumberg seconded. Upon a roll call vote, Resolution #P.C. 130-
2001 was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 134–2001 – Approval of a Non-Metallic Mining permit and Reclamation
Plan for topsoil mining at the Lakewood Condominiums property located in the SE ¼ of
Section 8 (Tax Key No. 2192.086 / Lakewood Drive). This resolution was read by title only.
Alderman Le Doux made a motion to approve. Commissioner Hulbert seconded. Plan
Director Turk stated that most comments were addressed during the Public Hearing prior to the
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PLAN COMMISSION MINUTES, Continued
September 4, 2001
Plan Commission meeting. Upon a roll call vote, Resolution #P.C. 134-2001 was Adopted
unanimously.
RESOLUTION #P.C. 135–2001– Approval of a Non-Metallic Mining permit and Reclamation
Plan for topsoil mining at the Pinky Electric property located in the SE ¼ of Section 17 (Tax
Key No. 2228.999.012 / S84 W19249 Enterprise Drive). This resolution was read by title only.
Commissioner Brodel made a motion to approve. Commissioner Schaumberg seconded.
Upon a roll call vote, Resolution #P.C. 135-2001 was Adopted unanimously.
RESOLUTION #P.C. 136–2001– Approval of a Preliminary Plat of The Settlement on Woods
Road for The O’Connor Company, located in the NE ¼ and NW ¼ of Section 20 (Tax Key No.
2237.998 / Woods Road). Alderman Le Doux made a motion to approve. Commissioner
Hulbert seconded. Petitioner has received sketch approval. Outlot 2 is proposed to be
acquired for conservation purposes. Homeowners Association will be responsible for Outlots
1, 5, 7 and 9 with maintenance agreements required. Rezoning and Comprehensive Plan
Amendment will occur at the time of final plat. Upon a roll call vote, Resolution #P.C. 136-
2001 was Adopted unanimously.
RESOLUTION #P.C. 137–2001 - Determination of Substantial Change to a Conditional Use
Grant and approval of a conceptual Building Site and Operation Plan amendment for Paws Inn
located in the SW ¼ of Section 20 (Tax Key No.2239.999 / S92 W19918 Henneberry Drive).
Commissioner Gummer made a motion to approve. Commissioner Schaumberg seconded.
Petitioner requesting to construct a building addition with 16 additional kennel runs and
increase number of boarded dogs from 50 to 100. A Public Hearing will be scheduled. The
Plan Department has not received any complaints regarding this facility. Upon a roll call vote,
Resolution #P.C. 137-2001 was Adopted unanimously.
RESOLUTION #P.C. 138–2001– Approval of a conceptual Building Site and Operation Plan
for additions to St. Leonard’s Church and School located in the SE ¼ of Section 9 (Tax Key
No. 2196.945 / W173 S7743 Westwood Drive). This resolution was read by title only.
Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded.
Petitioner’s architect requested that this item be deferred until the next Plan Commission
meeting so he can be in attendance for discussion. Alderman Le Doux made a motion to
defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 138-2001 was
Deferred unanimously.
RESOLUTION #P.C. 139–2001– Approval of an amendment to the Building Site and
Operation Plan for Wiza Industries located in the NE ¼ of Section 17 (Tax Key No.
2221.019.002 / S82 W18762 Gemini Drive). Alderman Le Doux made a motion to approve.
Commissioner Brodel seconded. Petitioner proposing to construct a 25,500 square foot
addition to existing structure to be used for warehouse purposes. There are outstanding
issues with landscaping, water main and stormwater management. Mr. Dave Balistreri,
petitioner’s representative, submitted revised plans at the start of the meeting. Mr. Balistreri
stated that State approval has been received and is requesting approval of this item contingent
upon approving revised plans. Commissioner Hulbert made a motion to defer this item until
review of revised plans is completed. Commissioner Brodel seconded. Upon a voice vote,
Resolution #P.C. 139-2001 was Deferred unanimously.
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PLAN COMMISSION MINUTES, Continued
September 4, 2001
RESOLUTION #P.C. 140–2001– Recommendation to Common Council to amend Chapter
17, Zoning, pertaining to accessory structures. This resolution was read by title only.
Commissioner Schaumberg made a motion to approve. Alderman Le Doux seconded. Several
Common Council members requested revisions to the accessory structure ordinance. The
revisions set new standards to permitted floor area and height of accessory structures and
clarify boat house regulations. . A Public Hearing is scheduled for September 25, 2001.
Commissioner Hulbert made a motion to defer this item until comments are received from the
Public Hearing. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 140-
2001 was Deferred unanimously.
MISCELLANEOUS BUSINESS
Plan Director Turk stated that copy of coordinated “Smart Growth” proposal has been included
in each Commissioner’s packet. This information is to keep Commissioners informed of the
amendments.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:10 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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