PC MIN 06-19-2001
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday June 19, 2001
7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor De Angelis called the meeting to order at 7:03 p.m.
PRESENT:
Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel, Smith,
Gummer, Plan Director Turk and Recording Secretary Asti.
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 June 5, 2001, meeting.
Commissioner Smith seconded. Upon a voice vote, motion to approve the minutes was
adopted.
OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION
RESOLUTION #P.C. 052-2001 – Approval of a sketch preliminary plat of the Benke
property located in the NE ¼ and NW ¼ of Section 20 (Tax Key No. 2237.998 / Woods Road).
This resolution was on the floor and deferred. Plan Director Turk stated that the preferred
alternatives are a combination of submittals #1 and #5. Recommendation of using #1, RS-
2/OPD zoning district, for the layout and lot size and #5, RSE zoning district, for overall
density. Staff has amended Resolution to reflect the preferred alternative from the submittals.
The preferred submittal would contain approximately 58 lots. Commissioner Smith made a
motion to amend Resolution P.C. #52 to be reflective of Resolution #P.C. 052a-2001 as
presented. Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 052a-
2001 was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 052a-2001
was Adopted unanimously.
RESOLUTION #P.C. 069–2001 – Approval of a conceptual 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 resolution was on the floor and deferred to allow staff
and City Attorney to review case laws and administrative codes. The City Attorney has
reviewed three items:
1. What zoning restrictions apply to proposed CBRF? Plan Director Turk stated that the
revised submittals meet all zoning codes for the Quietwood Creek Subdivision.
2. May the City condition the grant of a conditional use permit for the CBRF on proof of
licensing by the Department of Health and Family Services? The City may place conditions
on the Conditional Use Permit to require state licensing prior to the Conditional Use Grant
becoming effective.
3. Would the placement of a moratorium on the construction of future CBRFs to enable
the City of Muskego to investigate objections by the public and other zoning concerns survive
scrutiny under the Federal Fair Housing Act? Probably not.
PLAN COMMISSION MINUTES, Continued
June 19, 2001
Staff recommends that this item should move forward to a public hearing to hear all concerns
from the neighbors. Also to have petitioner provide full submittals to be distributed to Building
Department and Plan Department for review. Mayor De Angelis has been in contact with
State Representatives and Senator’s offices whether there have been additional rules that
have been modified for this type of facility.
Mr. Bill Carity addressed the Commission speaking as the developer of Quietwood Creek and
on behalf of the residents in this subdivision. Mr. Carity feels that this is an incompatible
facility in this area. He has gone to great lengths to administer Deed Restrictions for the
subdivision, however, he feels this facility will be an exception to the rules that are enforced
for neighbors. Other concerns he feels should be considered are safety, side yard
requirements, and the intensity of this business in a residential area. Mr. Carity asked the
Commission to deny this request.
Ms. Gorenc addressed the Commission that she is planning to organize a meeting with
neighbors and people from the State to answer all questions and concerns. At this time, Ms.
Gorenc has not applied for State licensing.
Discussion ensued wherein the following amendments were proposed to modify Resolution
#P.C. 69b-2001. The title of the resolution should read: REFERRING TO PUBLIC HEARING A
BUILDING SITE AND OPERATION PLAN AND CONDITIONAL USE GRANT FOR A
PROPOSED COMMUNITY BASED RESIDENTIAL FACILITY FOR THE ELDERLY AT THE
PROPERTY LOCATED IN THE SE ¼ OF SECTION 10.
Change the first Therefore be it resolved to read: THEREFORE BE IT RESOLVED, That the
Plan Commission refers to Public Hearing the Building, Site and Operation Plan and……….
Delete the third, fourth, fifth and sixth Be It Further Resolved paragraphs.
Change the last paragraph to read: BE IT FURTHER RESOLVED, Final submittals are
subject to future review and consideration by the Plan Commission, municipal committees of
jurisdiction, and other agencies, and approval of final plans is not guaranteed by this action of
the Plan Commission.
Commissioner Brodel made a motion to amend Resolution P.C. #69-2001 to be reflective of
Resolution #P.C. 069b-2001 as presented. Commissioner Gummer seconded. In discussion,
Mayor De Angelis noted that the amendments would allow petitioner to proceed with detailed
submittals, which will give neighbors, staff, and Commission better information to react to. It
also affords the petitioner her due process. Upon a voice vote, Resolution #P.C. 069b-2001
was Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 069b-2001 was
Adopted unanimously.
RESOLUTION #P.C. 086-2001 – Approval of a temporary Building Site and Operation
Plan for fireworks sales at the former Parkland Mall property, located in the NE ¼ of Section 10
(Tax Key No. 2198.984 / Janesville Road). This resolution was on the floor and deferred.
Petitioner has resubmitted proposal to operate fireworks stand at the Burger King location in
the Pick-n-Save shopping center. The revised proposal does not pose any site problems.
Staff has
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PLAN COMMISSION MINUTES, Continued
June 19, 2001
amended Resolution to reflect the changes from the revised proposal. Commissioner Gummer
made a motion to amend Resolution to read as provided in #P.C. 086a-2001 and also to add
in the fourth WHEREAS, The tent canopy will be 20’ x 20’ in size… Alderman Le Doux
seconded. Upon a voice vote, Resolution #P.C. 086a-2001 was Amended unanimously.
Upon a roll call vote, Amended Resolution #P.C. 086a-2001 was Adopted unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 053-2001 – Approval of a Building Site and Operational Plan
amendment for Accurate CAD-CAM property located in the NW ¼ of Section 16 (Tax Key No.
2221.020 / W189 S8224 Mercury Drive). This resolution was on the floor and deferred.
Commissioner Smith made a motion to defer. Commissioner Schaumberg seconded. Upon a
voice vote, Resolution #P.C. 053-2001 was Deferred unanimously.
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 resolution was on the floor and
deferred. Commissioner Smith made a motion to defer. Commissioner Schaumberg
seconded. Upon a voice vote, Resolution #P.C. 064-2001 was Deferred unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 087–2001 – Approval of a subdivision entrance sign for Lake Forest
Subdivision located in the NE ¼ of Section 17(Ancient Oaks Drive). This resolution was read by title
only. Commissioner Hulbert made a motion to approve. Commissioner Smith seconded. Upon a
roll call vote, Resolution #P.C. 087-2001 was Adopted unanimously.
RESOLUTION #P.C. 088–2001 – Approval of an Ameritech underground equipment vault on
Outlot 4 of Quietwood Creek Subdivision, located in the NE ¼ of Section 10 (Martin Drive). This
resolution was read by title only. Commissioner Hulbert made a motion to approve. Commissioner
Smith seconded. Upon a roll call vote, Resolution #P.C. 088-2001 was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 089–2001 – Approval of a sketch land division for the Counter property
located in the SW ¼ of Section 25 (Tax Key No. 2259.995 /Loomis Drive). Commissioner Brodel
made a motion to approve. Commissioner Schaumberg seconded. This proposal meets all zoning
code requirements. Parcel appears to have sufficient acreage to maintain outbuildings. Upon a roll
call vote, Resolution #P.C. 089-2001 was Adopted unanimously.
RESOLUTION #P.C. 090–2001 – Approval of a sketch Preliminary Plat of Riverview Court for
the Switala property located in the SE ¼ of Section 10 (Tax Key No. 2200.985 / Woods Road).
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PLAN COMMISSION MINUTES, Continued
June 19, 2001
Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded. Petitioner
proposing to develop a 22 parcel single family subdivision on lands directly south of the Quietwood
Creek Subdivision. Items of concern regarding this proposal are: lots #20, #21 and #22 should not
have direct access to Woods Road. The remnant parcel must be included with plat. The cul-de-sac
does not meet City standards. Recreation trail be extended from Woods Road to WEPCO trail.
Street reservation to Sandy Beach Drive should be included in proposal. Street name change from
Quietwood Drive to Riverview Court is not desirable.
Mr. Roman Berendt, National Survey & Engineering, addressed the Commission stating
that the ambience would be destroyed with the denial of direct access to Woods Road.
However, Mr. Berendt displayed a revised proposal to the Commission that addressed staff
concerns. The cul-de-sac was extended to afford Mr. Switala’s property and lots 20, 21 and 22
informal access to platted streets. A twenty foot strip was added between lots 7 and 8 to
allow access to recreation trail. Discussion ensued wherein the lots encroaching the WEPCO
easement were questionable for buildable area. Consensus was that these lots should have
extra depth to account for this encumbrance. Commissioner Hulbert made a motion to defer
this item to allow staff an opportunity to review the revised proposal. Commissioner Smith
seconded. Upon a voice vote, Resolution #P.C. 090-2001 was Deferred unanimously.
RESOLUTION #P.C. 091–2001 – Approval of street tree and landscaping plans for the
Quietwood Creek Subdivision. Located in the NE ¼ and SE ¼ of Section 10 (Martin Drive, Martin
Court, Quietwood Drive, Quietwood Court, Quietwood Circle, Westwood Drive Columbine Court).
This resolution was read by title only. Commissioner Smith made a motion to approve.
Commissioner Gummer seconded. Petitioner submitted street tree plans, landscaping plans and
entrance signage. The submittals meet City requirements. Mr. Carity informed Commission that he
has started the process of renaming Columbine Street. Mr. Carity stated that the street was named
to show reverence, however, he has received many inquiries to change the name. Upon a roll call
vote, Resolution #P.C. 091-2001 was Adopted unanimously.
MISCELLANEOUS BUSINESS
Discuss possible Zoning Code amendment – Floor Area Ratio. It is Staff recommendation to
deal with floor area ratio in the OLS districts to eliminate problems that residents incur when
requesting to modify their homes. This item will be on the next Plan Commission Agenda.
Plan Director Turk informed Commission that the Public Utilities Committee denied the request
to encroach into the Sanitary Sewer Easement for the Pleasant View Condo's Project.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:00 p.m. Alderman Le Doux seconded. Upon a
voice vote, motion carried. With no further business to come before the Commission, the meeting
adjourned.
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PLAN COMMISSION MINUTES, Continued
June 19, 2001
Respectfully submitted,
Sandra S. Asti
Recording Secretary
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