PC MIN 06-05-2001
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday June 5, 2001
7:00 PM Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor De Angelis called the meeting to order at 7:05 p.m.
PRESENT:
Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel, Smith,
Gummer, Plan Director Turk, Engineering/Building Inspection Director McMullen, Assistant
Plan Director Wolff and Recording Secretary Asti.
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 15, 2001,
meeting. Alderman Le Doux seconded. Upon a voice vote, motion to approve the minutes
was adopted.
OLD BUSINESS SCHEDULED FOR POSSIBLE CONSIDERATION
RESOLUTION #P.C. 054-2001 – Approval of a Building Site and Operation Plan for six
duplex structures on the Pegarl LLP property located in the SE ¼ of Section 17 (Tax Key No.
2228.998 / Woods Road). This resolution was on the floor and deferred. Petitioner revised
and resubmitted architectural plans and building site plans. Discussion ensued regarding a
maintenance easement for building five on parcel four. Commissioner Gummer made a
motion to amend the resolution as follows: add a third WHEREAS, on June 5, 2001 said
plans were further revised to address FEMA standards; in the sixth WHEREAS …
Illustrated to be 21 feet from the public right of way and vary from side lot lines as
illustrated in the June 5, 2001 submittal, and 10 feet from wetlands….
Add the following: BE IT FURTHER RESOLVED, that side yard offsets are approved as
illustrated on the June 5, 2001 submittal.
BE IT FURTHER RESOLVED, That a 10 foot maintenance easement must be recorded to
address the zero lot line granted to Building 5.
BE IT FURTHER RESOLVED, That this approval is subject to Public Utilities Committee
approval of Building 6 encroachment into the sanitary force main easement.
BE IT FURTHER RESOLVED, That additional landscape screening shall be installed
between Buildings 1 and 2, Buildings 2 and 3, Buildings 3 and 4, Buildings 4 and 5, and
plans for said landscaping shall be approved by the Planning Department prior to release
of building permits.
BE IT FURTHER RESOLVED, Building 1 shall have face brick wainscoting constructed on
the west elevation.
PLAN COMMISSION MINUTES, Continued
June 5, 2001
BE IT FURTHER RESOLVED, Building 5 shall have face brick wainscoting constructed on
the east elevation.
BE IT FURTHER RESOLVED, Building 6 shall have face brick wainscoting installed on the
west elevation and south elevation. Commissioner Smith seconded. Upon a voice vote,
Resolution #P.C. 054a-2001 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 054a-2001 was Adopted unanimously.
RESOLUTION #P.C. 066–2001 - Approval of a Building Site and Operation Plan
amendment for Pinky Electric located in the SE ¼ of Section 17 (Tax Key No. 2228.999.012 /
S84 W19249 Enterprise Drive). This resolution was on the floor and deferred. Plan Director
Turk stated that revised photometric plans have been submitted and are under engineering
review. The fire code specifications have been submitted and are currently being reviewed by
the Fire inspector. Staff has received verbal communication that wetland delineation has been
requested. However, delineation information must be submitted prior to issuance of soil
disturbance permits. Commissioner Schaumberg made a motion to amend Resolution #P.C.
066-2001 as reflected in Resolution #P.C. 066a-2001. Alderman Le Doux seconded. Upon a
roll call vote, Amended Resolution #P.C. 066a-2001 was Adopted unanimously.
RESOLUTION #P.C. 067–2001 – Approval of a Building Site and Operation Plan
amendment and Conditional Use Grant amendment for Pioneer Auto located in the (Tax Key
No. 2196.989 / W179 S7714 Pioneer Drive). This resolution was on the floor and deferred.
Petitioner has been notified that conditions of approval will carry-over with this conditional use
grant. Commissioner Brodel made a motion to amend Resolution #P.C. 067-2001 as reflected
in Resolution #P.C. 067a-2001. Commissioner Hulbert seconded. Upon a roll call vote,
Amended Resolution #P.C. 067a-2001 was Adopted unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 046-2001 – Recommendation to Common Council to rezone property
located in the SE ¼ of Section 25 from RSE / A - Residential Suburban Estate District and
Agriculture District to RSE / A / OIP Residential Suburban Estate District and Agriculture
District with Institutional and Public Service Overlay District, and amend the Comprehensive
Plan from medium density residential to institutional, for the Tess Corners Volunteer Fire
Department (Tax Key No. 2260.992 / Loomis Drive). This item was on the floor and deferred.
Petitioner has decided to remain on the present site and apply, under the new law change for
Municipalities, to properly fill-in the wetlands. Upon a roll call vote, Resolution #P.C. 046-2001
was Denied without prejudice with a 6-1 vote. Commissioner Hulbert voting Yes.
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 item was on the floor and deferred. Petitioner has submitted five alternative plans. Mr.
O’Connor approached the Commission requesting direction to move forward with a preliminary
plat submittal. Mr. O’Connor would prefer to have the recommendation of the RS-3 / OPD
Zoning with RS-1 district density. Commission generally favored the RS-2 / OPD Zoning with
RSE density. Commissioner Smith made a motion to defer this item to allow staff to evaluate
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
the alternatives and suggest amendments to the resolution. Commissioner Gummer
seconded. Upon a voice vote, Resolution #P.C. 052-2001 was Deferred unanimously.
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 item was on the floor and deferred.
Commissioner Brodel made a motion to defer. Commissioner Gummer 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 item was on the floor and deferred.
Commissioner Brodel made a motion to defer. Commissioner Gummer seconded. Upon a
voice vote, Resolution #P.C. 064-2001 was Deferred 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 item was on the floor and deferred. Mayor De Angelis
stated that this item will not be brought to the floor for discussion. Staff has received additional
information on the bulk requirements of this item. There are outstanding issues still pending
with the City Attorney. Mayor De Angelis requested that the neighboring residents should
continue to contact staff with any comments or concerns regarding this item. Mayor reiterated
that this is only a conceptual proposal. Commissioner Brodel made a motion to defer.
Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 069-2001 was
Deferred unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 070-2001 – Approval of an accessory structure for the Godfrey
property located in the SE ¼ of Section 21 (Tax Key No. 2243.990 / W183 S9402 Parker
Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve.
Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 070-2001 was
Adopted unanimously.
RESOLUTION #P.C. 071–2001 - Approval of an accessory structure for the Moeller
property located in the NW ¼ of Section 7 (Tax Key No. 2186.995 / W219 S7214 Crowbar
Road). This resolution was read by title only. Commissioner Schaumberg made a motion to
approve. Commissioner Gummer seconded. Upon a roll call vote, Resolution #P.C. 071-
2001 was Adopted unanimously.
RESOLUTION #P.C. 072–2001 - Approval of an accessory structure for the Palmersheim
property located in the SE ¼ of Section 16 (Tax Key No. 2224.994.010 / S85 W17705 Woods
Road). This resolution was read by title only. Alderman Le Doux made a motion to approve.
Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 072-2001 was
Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
RESOLUTION #P.C. 073–2001 - Approval of an accessory structure for the Shircel
property located in the NE ¼ of Section 18 (Tax Key No. 2229.056 / W204 S8290 Pasadena
Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve.
Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 073-2001 was
Adopted unanimously.
RESOLUTION #P.C. 074–2001 - Approval of an accessory structure for the Graser
property, located in the SE ¼ of Section 4 (Tax Key No. 2176.074 / W177 S6987 Wildwood
Drive). This resolution was read by title only. Alderman Le Doux made a motion to approve.
Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 074-2001 was
Adopted unanimously.
.
RESOLUTION #P.C. 075–2001 - Approval of an accessory structure for the Bowmil
property located in the NE ¼ of Section 35 (Tax Key No. 2298.981.001 / S104 W15169
Loomis Drive). This resolution was read by title only. Alderman Le Doux made a motion to
approve. Commissioner Smith seconded. Upon a roll call vote, Resolution #P.C. 075-2001
was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 076–2001 - Approval of an addition to an accessory structure for the
Ceballos property located in the NE ¼ of Section 11 (Tax Key No. 2201.090 / S73 W14270
Woods Road). Commissioner Schaumberg made a motion to approve. Commissioner
Hulbert seconded. Discussion ensued to determine if parcel meets criteria for a predominantly
undeveloped area. Property is well maintained and the proposed lean-to would not appear to
have a negative effect. Upon a roll call vote, Resolution #P.C. 076-2001 was Adopted with a
6-1 vote. Commissioner Gummer voting No.
RESOLUTION #P.C. 077–2001 - Approval of a Conditional Use Grant in accordance with
Section 6.03 of the City of Muskego Zoning Ordinance for the use of an existing single family
residence as a guest house for the Ruehle property, located in the SE ¼ of Section 9 (Tax Key
No. 2195.987 / S77 W18312 Janesville Road). Commissioner Brodel made a motion to
approve. Commissioner Smith seconded. A Public Hearing was held prior to start of the Plan
Commission meeting. Plan Director Turk stated that Staff supports the resolution. Ms. Ruehle
had nothing to add for the Commission. Upon a roll call vote, Resolution #P.C. 077-2001 was
Adopted unanimously.
RESOLUTION #P.C. 078–2001 – Approval of a 48 unit condominium plat of Lakewood
Condominiums, located in the SE ¼ of Section 8 (Tax Key No. 2192.086 / Lakewood Drive).
Commissioner Schaumberg made a motion to approve. Commissioner Smith seconded. All
outstanding issues for the condominium plat have been resolved. Upon a roll call vote,
Resolution #P.C. 078-2001 was Adopted unanimously.
RESOLUTION #P.C. 079–2001 – Approval of a sketch land division of the Martin property
located in the SW ¼ of Section 7 (Tax Key No. 2187.999 / Field Drive). Commissioner Smith
made a motion to approve. Commissioner Schaumberg seconded. Petitioner proposes rural
subdivision consisting of thirteen residential parcels and one outlot. Staff recommends
“conservation subdivision” which would yield lots in a smaller “cluster” of homes to allow for the
preservation of rural character and maximize preserved open space. The Conservation
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
Committee’s Rural Development Handbook describes conservation subdivision. Messrs. Ed
Carow and Steve Stewart, petitioners, addressed Commission approving of the
recommendation. Upon a roll call vote, Resolution #P.C. 079-2001 was Adopted
unanimously.
RESOLUTION #P.C. 080–2001 – Approval of a Building Site and Operation Plan for Kohls
Department Store and amendment to the approved Dreamland Planned Development District
located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). Alderman Le
Doux made a motion to approve. Commissioner Hulbert seconded. Ms. Lynn Broderick, one
of petitioner’s representatives, informed the Commission that Kohls is continuing to get input
from the neighbors in the Golden Country Estates area. Ms. Broderick mentioned several
changes that have been made to the site plan, such as, eliminating the senior housing;
additional green space; two outlots instead of three; reducing the size of Jewel Osco; and
increase size of single tenant commercial space.
Mr. Jeff Kenkel, National Survey and Engineering, gave a visualization presentation of the
Kohls development. At this time, Mayor De Angelis mentioned that two homes located on the
corner of Mooreland Road and Janesville Road will remain, however for visualization purposes
the homes did not appear in the presentation.
Mr. David C. Baum, Architect from Schroeder and Holt, addressed Commission regarding the
proposed building site and operation plan. Lengthy discussion ensued regarding alternatives
to the overall look of the front elevation of the building; screening of mechanicals; additional
landscaping; and additional roof elements on the east side of the building.
Commissioner Brodel made a motion to amend Resolution #P.C. 080-2001 to add on page 7,
BE IT FURTHER RESOLVED, That an additional hip roof and aluminum panel element
shall be added to the east elevation in proximity to the exit door, as depicted in the
exhibit labeled “Supplement #P.C. 080-2001 Recommended Architectural
Enhancements” as prepared by the Planning Department. Said elements shall be
incorporated on final plans to be submitted prior to receipt of Building Permits.
Commissioner Hulbert seconded. Upon a roll call vote, Resolution #P.C. 080-2001 was
Amended with a 4-3 vote. Commissioners Hulbert, Brodel, Smith and Gummer voting Yes.
Mayor De Angelis, Alderman Le Doux and Commissioner Schaumberg voting No.
Commissioner Gummer made a motion to amend Resolution #P.C. 080-2001 for additional
roof elements to be added to the south elevation on the building. Commissioner Smith
seconded. Upon a roll call vote, amendment for Resolution #P.C. 080-2001 was defeated
with a 4-3 vote. Mayor De Angelis, Alderman Le Doux, Commissioners Schaumberg and
Brodel voting No. Commissioners Hulbert, Smith and Gummer voting Yes.
Commissioner Brodel made a motion to amend Resolution #P.C. 080-2001 to add on page 8,
BE IT FURTHER RESOLVED, That additional landscaping in the Kohls future expansion
area, and interim landscaping plans for future Phases 2 and 3 shall be submitted for
review and approval by the Plan Commission prior to release of building permits.
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
Commissioner Hulbert seconded. Upon a roll call vote, motion to approve amendment was
Adopted unanimously.
Commissioner Smith made a motion to amend Resolution #P.C. 080-2001 to add on page 9,
BE IT FURTHER RESOLVED, That prior to release of building permits, petitioner shall
submit a cash bond in an amount to be determined by the Director of Building and
Engineering for the purpose of screening all mechanicals from public view. Within 30
days of the grant of an occupancy permit, the Plan Commission shall review the
development to determine if mechanicals are screened from public view. If the Plan
Commission determines that said mechanicals are adequately screened, the cash bond
shall be returned to the petitioner. If the Plan Commission determines that said
mechanicals are not adequately screened from view, petitioner shall submit revised
construction drawings to the Plan Commission for review and approval, which depict the
required screening. All screening required by the Plan Commission within 180 days of
occupancy.
And to remove the clause on page 7 that reads as follows: BE IT FURTHER RESOLVED,
Screening of roof top mechanicals is to be completed to the satisfaction of the Planning
Director prior to issuance of occupancy permits. Commissioner Hulbert seconded. Upon a roll
call vote, motion to approve amendment was Adopted unanimously.
Commissioner Smith made a motion to amend Resolution #P.C. 080-2001 to correct the
language in the second BE IT FURTHER RESOLVED, on page 8, to read as follows: BE IT
FURTHER RESOLVED, The proposed Kohls Department Store anticipates to be constructed
as Phase I of the Planned Development District. If Phase 3 consisting of the 15,080 square
foot attached strip mall, is constructed concurrent with Phase 1, petitioner shall be relieved
of the obligation to install face brick and split face block in areas which directly abut (wall-to-
wall) the third phase of construction. In any event, if petitioner has not received approval for
Phase 3, or has received approvals but has not commenced construction, petitioner shall
construct the wall per approved plans prior to receipt of an occupancy permit for Phase 1.
Commissioner Brodel seconded. Upon a roll call vote, motion to approve amendment was
Adopted unanimously. Upon a roll call vote, Amended Resolution #P.C. 080-2001 was
Adopted with a 6-1 vote. Commissioner Gummer voting No.
At 10:45 p.m. Mayor De Angelis moved to take a ten minute recess. Meeting
reconvened at 10:57 p.m.
Resolutions #P.C. 085-2001 and 086-2001 were taken out of order and discussed.
RESOLUTION #P.C. 085-2001 – Approval of a temporary Building Site and Operation
Plan for fireworks sales at the Lincoln Point Shopping Center located in the NE ¼ of Section 1
(Tax Key No. 2162.997 / S63 W13700 Janesville Road). Alderman Le Doux made a motion
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
to approve. Commissioner Schaumberg seconded. There are no outstanding concerns for
this item. Upon a roll call vote, Resolution #P.C. 085-2001 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). Alderman Le Doux made a motion to approve.
Commissioner Schaumberg seconded. Staff has concerns such as condition of the driveway,
parking on site, and the location of sanitary facilities relating to the proposed site. Discussion
ensued wherein this item will be deferred to allow petitioner an opportunity to explore other
sites
in this vicinity. Commissioner Hulbert made a motion to defer. Commissioner Schaumberg
seconded. Upon a voice vote, Resolution #P.C. 086-2001 was Deferred unanimously.
RESOLUTION #P.C. 081–2001 – Approval of an amended Building Site and Operation Plan
for Jewel Osco and amendment to the approved Dreamland Planned Development District
located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville Road). This resolution
was read by title only. Commissioner Schaumberg made a motion to approve. Alderman Le
Doux seconded. Discussion ensued wherein particular elements of Resolution #P.C. 132C-99
remain in effect and are incorporated into Resolution #P.C. 081-2001. Commissioner Gummer
made a motion to amend Resolution #P.C. 081-2001 to add BE IT FURTHER RESOLVED,
That foundation planting plans shall be approved by the Planning Department prior to the
release of building permits. Commissioner Smith seconded. Upon a roll call vote,
Resolution #P.C. 081-2001 was Amended unanimously.
Alderman Le Doux made a motion to twice amend Resolution #P.C. 081-2001 to eliminate the
language in item number 7 and replace with the following language. Prior to the release of
building permits, petitioner shall submit a cash bond in an amount to be determined by
the Director of Building and Engineering for the purpose of screening all mechanicals
from public view. Within 30 days of the grant of an occupancy permit, the Plan
Commission shall review the development to determine if mechanicals are screened from
public view. If the Plan Commission determines that said mechanicals are adequately
screened, the cash bond shall be returned to the petitioner. If the Plan Commission
determines that said mechanicals are not adequately screened from view, petitioner shall
submit revised construction drawings to the Plan Commission for review and approval,
which depict the required screening. All screening required by the Plan Commission
within 180 days of occupancy.
And to correct the language in the #14 paragraph to read as follows: The proposed Jewel-
Osco is anticipated to be constructed as Phase 2 of the Planned Development District. If prior
to or during construction of Phase 2 (e.g. the 56,500 square foot Jewel-Osco) petitioner
receives approval for and commences construction of Phase 3 consisting of the attached strip
mall, petitioner shall be relieved of the obligation to install face brick and split face block in
areas which directly abut (wall-to-wall) the third phase of construction. In any event, if
petitioner has not received approval for Phase 3, or has received approvals but has not
commenced construction, petitioner shall construct the wall per approved plans prior to receipt
of an occupancy permit for Phase 2. Commissioner Smith seconded. Upon a voice vote,
Amended Resolution #P.C. 081-2001 was Twice Amended. Upon a roll call vote, Twice
Amended Resolution #P.C. 081-2001 was Adopted unanimously.
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PLAN COMMISSION MINUTES, Continued
June 5, 2001
RESOLUTION #P.C. 082–2001 – Approval of a four lot Certified Survey Map of the
Dreamland Planned Development District located in the SE ¼ of Section 2 (Tax Key No.
2167.995 / Janesville Road). This resolution was read by title only. Commissioner Brodel
made a motion to approve. Commissioner Schaumberg seconded. Plan Director Turk
mentioned that this is a redivision of the prior Dreamland Certified Survey Map. Proposed
language to clarify the Koso Drive cross access easement is included in Resolution #P.C. 082-
2001 as a condition of approval. Upon a roll call vote, Resolution #P.C. 082-2001 was
Adopted unanimously.
RESOLUTION #P.C. 083–2001 – Approval of an amendment to the 2010 Comprehensive
Plan, and recommendation of same to Common Council, for the Dreamland Planned
Development District located in the SE ¼ of Section 2 (Tax Key No. 2167.995 / Janesville
Road). This resolution was read by title only. Alderman Le Doux made a motion to approve.
Commissioner Schaumberg seconded. Petitioner requesting to amend the 2010
Comprehensive Plan to be consistent with the approved concept to amend the Dreamland
Planned Development District. Upon a roll call vote, Resolution #P.C. 083-2001 was Adopted
with a 6-1 vote. Commissioner Gummer voted No.
RESOLUTION #P.C. 084-2001 – Recommendation to Common Council to rezone 6.99
acres of the Dreamland Planned Development District from RSE Suburban Estate District to B-
3 / OPD General Business District with Planned Development Overlay District, located in the
SE ¼ of Section 2 (part of Tax Key No. 2167.995 / Janesville Road). This resolution was read
by title only. Alderman Le Doux made a motion to approve. Commissioner Schaumberg
seconded. The request to rezone the 6.99 acres is consistent with the amended Planned
Development District request. Landscaping and preservation buffers will remain in effect.
Upon a roll call vote, Resolution #P.C. 084-2001 was Adopted with a 6-1 vote. Commissioner
Gummer voted No.
MISCELLANEOUS BUSINESS
None
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 11:35 p.m. Commissioner Smith
seconded. Upon a voice vote, motion carried. With no further business to come before the
Commission, the meeting adjourned.
Respectfully submitted,
Sandra S. Asti
Recording Secretary
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