PC MIN 03-05-2002
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
Tuesday March 5, 2002
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor De Angelis called the meeting to order at 7:08 p.m.
Those present recited the Pledge of Allegiance
PRESENT:
Mayor De Angelis, Alderman Le Doux, Commissioners Hulbert, Schaumberg, Brodel,
Stinebaugh, Gummer, Plan Director Turk and Recording Secretary Asti.
Recording Secretary Asti noted that the meeting was properly noticed on February 26, 2002
and amended and renoticed on March 4, 2002 in accordance with the Open Meeting Law.
MINUTES:
Alderman Le Doux made a motion to approve the minutes of the February 19, 2002, meeting.
Commissioner Gummer seconded. Upon a voice vote, motion to approve the minutes was
adopted unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 160-2001– Approval of a building relocation permit and Building Site
and Operation Plan for the Muskego Settlement Centre located in the NE ¼ of Section 16 (Tax
Key No. 2222.988 / Racine Avenue). This resolution was on the floor and deferred. Modified
Building Site and Operation plans were submitted addressing issues from previous Plan
Commission meeting. The Public Works Committee granted an exception from Chapter 34
requirements regulating stormwater management and made sight layout recommendations.
Discussion ensued regarding roof lines of the addition to the Town Hall and landscaping areas
throughout the site. Consensus of the Commission accepted the submitted roof lines of the
addition to the Town Hall. Commissioner Hulbert made a motion to amend Resolution #P.C.
160-2001 as represented in Resolution #P.C. 160a-2001 along with the inclusion of deleting
the fourth BE IT FURTHER RESOLVED and inserting WHEREAS, Landscape Plans are
not a part of this approval and are subject to Plan Commission approval prior to
commencement of any such activity. Commissioner Brodel seconded. Upon a voice vote,
Resolution #P.C. 160-2001 was Amended unanimously. Upon a roll call vote, Amended
Resolution #P.C. 160-2001 was Adopted unanimously.
RESOLUTION #P.C. 013–2002 - Approval of a Conservation Easement for Big Muskego
Estates located in the SW ¼ of Section 13 (part of Tax Key No. 2211.999 / Durham Drive).
This resolution was on the floor and deferred. Plan Director Turk stated that petitioner
submitted a written request for this item to be deferred. Commissioner Gummer made a
motion to defer. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C.
013-2002 was Deferred unanimously.
PLAN COMMISSION MINUTES, Continued
March 5, 2002
RESOLUTION #P.C. 014–2002 – Recommendation to Common Council to amend the 2010
Street System Plan. This resolution was on the floor and deferred. The Public Works
Committee noted technical corrections that needed to be rectified. Plan Director Turk
mentioned that all discrepancies have been modified. Alderman Le Doux made a motion to
amend Resolution #P.C. 014-2002 as represented in Resolution #P.C. 014a-2002.
Commissioner Brodel seconded. Upon a voice vote, Resolution #P.C. 014-2002 was
Amended. Upon a roll call vote, Amended Resolution #P.C. 014-2002 was Adopted
unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
Upon hearing Resolutions #P.C. 169-2001, #P.C. 172-2001 and #P.C. 190-2001 read by title
only. Commissioner Gummer made a motion to Defer these agenda items engross.
Commissioner Brodel seconded. Upon a voice vote, the motion passed unanimously.
RESOLUTION #P.C. 169–2001 – Approval of a sketch land division of the De Back property
located in the NE ¼ of Section 32 (Tax Key No. 2285.999.007 / Racine Avenue). This item
was on the floor and deferred. Resolution #P.C. 169-2001 was Deferred unanimously.
RESOLUTION #P.C. 172–2001 – Approval of a conceptual Building Site and Operation
Plan for Muskego Energy Center LLC located in the NE ¼ of Section 13, T5N R19E (Part of
Tax Key No. 2065.999 / Crowbar Road). This item was on the floor and deferred. Resolution
#P.C. 172-2001 was Deferred unanimously.
RESOLUTION #P.C. 190-2001 – Approval of a Building Site and Operation Plan for the Tess
Corners Volunteer Fire Department located in the SW ¼ of Section 25 (Tax Key No. 2259.979/
S100 W13444 Loomis Drive). This item was on the floor and deferred. Resolution #P.C. 190-
2001 was Deferred unanimously.
CONSENT BUSINESS
Upon hearing Resolutions #P.C. 020-2002, #P.C. 021-2002, #P.C. 022-2002, #P.C. 023-
2002, #P.C. 024-2002, #P.C. 025-2002, #P.C. 026-2002, #P.C. 027-2002 and #P.C. 038-
2002 read by title only, Commissioner Hulbert made a motion to Adopt these agenda items
engross. Commissioner Schaumberg seconded. Upon a roll call vote, the motion passed
unanimously.
RESOLUTION #P.C. 020-2002 - Approval of an annual review for Goodwill Industries at the
property located at S75 W17301 Janesville Road (Tax Key No. 2196.032). Resolution #P.C.
020-2002 was Adopted unanimously.
RESOLUTION #P.C. 021-2002 - Approval of renewal of outdoor storage for Ralph W. Raush
at the property located at S83 W18550 Saturn Drive (Tax Key No. 2223.003 / Lake & Country
Storage). Resolution #P.C. 021-2002 was Adopted unanimously.
PAGE 2
PLAN COMMISSION MINUTES, Continued
March 5, 2002
RESOLUTION #P.C. 022-2002 - Approval to renew permit for dog kennel for Stan A.
Zdanczewicz at the property located at W182 S9292 Parker Drive (Tax Key No. 2243.988).
Resolution #P.C. 022-2002 was Adopted unanimously.
RESOLUTION #P.C. 023-2002 - Approval of truck parking for Jack and Marvin Strasser at
the property located at S76 W17871 Janesville Road (Tax Key No. 2196.975 / Johnny’s
Petroleum). Resolution #P.C. 023-2002 was Adopted unanimously.
RESOLUTION #P.C. 024-2002 Approval to renew permit for dog kennel for Paws Inn at the
property located at S92 W19918 Henneberry Drive (Tax Key No. 2239.999). Resolution #P.C.
024-2002 was Adopted unanimously.
RESOLUTION #P.C. 025-2002 - Approval of an annual review for George Alex at the
property located in the NE ¼ of Section 25 (Tax Key No. 2257.984 / S98 W12682/86 Loomis
Road). Resolution #P.C. 025-2002 was Adopted unanimously.
RESOLUTION #P.C. 026-2002 – Approval Of An Annual Review for The Conditional Use For
A Sales And Service Establishment For Automobiles, More Specifically The Parking Of Rental
Vehicles, For Erdmann Motors At The Property Located In The NE ¼ Of Section 25.
Resolution #P.C. 026-2002 was Adopted unanimously.
RESOLUTION #P.C. 027-2002 – Recommendation to Common Council to amend Section
17:8.01(7)(b) of the Municipal Code pertaining to accessory structures (removal of one-
structure per parcel limitation). Resolution #P.C. 027-2002 was Adopted unanimously.
RESOLUTION #P.C. 038–2002 – Approval Of An Annual Review for Pioneer Auto, located
in the SW ¼ of Section 9 (Tax Key No. 2196.989 / W179 S7714-16 Pioneer Drive).
Resolution #P.C. 038-2002 was Adopted unanimously.
NEW BUSINESS
RESOLUTION #P.C. 028-2002 – Renewal of a Conditional Use Grant for the purpose of
continued mining and processing of sand and gravel, and the extension of use of a portable
asphalt plant for Payne & Dolan in the NE ¼ and SE ¼ of Section 13, T5N R19E. (Crowbar
Road). This resolution was read by title only. Commissioner Brodel made a motion to
approve. Commissioner Gummer seconded. Public Hearing was held prior to start of this Plan
Commission meeting. Discussion ensued regarding the process of the reclamation plan. Plan
Director Turk informed Commission that when the reclamation plan is submitted, staff will
review and place on Plan Commission agenda for Commission consideration. Upon a roll call
vote, Resolution #P.C. 028-2002 was Adopted unanimously.
RESOLUTION #P.C. 029–2002 – Approval of a Building Site and Operation Plan for the
high school grounds for the Muskego-Norway School District located in the NE ¼ of Section 20
and NW ¼ of Section 21 (Tax Key No’s. 2237.999.001 and 2242.999 / S87 W18863 Woods
Road, S87 W18509 Woods Road, and W183 S8750 Racine Avenue). This resolution was
read by title only. Commissioner Stinebaugh made a motion to approve. Commissioner
Hulbert seconded. Messrs. Gary Woodward, Bob Vajgrt and John Fox, from Eppstein Uhen
Architects, gave a detailed description of the elevations of the project. A descriptive
PAGE 3
PLAN COMMISSION MINUTES, Continued
March 5, 2002
presentation was given of the different phases and layout of the project which includes:
additional classrooms; auditorium/theater area; student commons; entrance areas for office,
main doorway, athletic and gym areas, along with additional athletic fields. Consensus of the
Plan Commission was favorable to the building elevations and the materials being proposed.
Plan Director Turk
stated that the traffic impact analysis is still under review. Upon a roll call vote, Resolution
#P.C. 029-2002 was Adopted unanimously.
RESOLUTION #P.C. 030–2002 – Recommendation to Common Council to amend the
MMSD 208 Plan sanitary sewer service area boundary for the Blattner property located in the
NW ¼ of Section 24 (Tax Key No. 2253.999 / North Cape Road). This resolution was read by
title only. Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg
seconded. Plan Director Turk informed the Commission that he received correspondence from
petitioner requesting deferral of Resolution #P. C. 030-2002 and Resolution #P.C. 031-2002.
Commissioner Gummer made a motion to defer. Alderman Le Doux seconded. Upon a voice
vote, Resolution #P.C. 030-2002 was Deferred unanimously.
RESOLUTION #P.C. 031–2002 – Approval of a Yield Plan for the Boxhorn Reserve, located
in the NE ¼ of Section 24 (part of Tax Key No. 2253.999 / North Cape Road). This resolution
was read by title only. Commissioner Schaumberg made a motion to approve. Commissioner
Hulbert seconded. Plan Director Turk informed the Commission that he received
correspondence from petitioner requesting deferral of Resolution #P. C. 030-2002 and
Resolution #P.C. 031-2002. Alderman Le Doux made a motion to defer. Commissioner
Hulbert seconded. Upon a voice vote, Resolution #P.C. 031-2002 was Deferred unanimously.
RESOLUTION #P.C. 032–2002 – Recommendation to Common Council to adopt a Public
Participation Plan for the 2010 Comprehensive Plan Smart Growth Update as required by
Wisconsin Statutes 66.1001 (4)(a). This resolution was read by title only. Commissioner
Schaumberg made a motion to approve. Commissioner Gummer seconded. The Wisconsin
planning statutes require Common Council to adopt a written public participation plan. This
plan does not change our policy but is rather a documentation of policy. Upon a roll call vote,
Resolution #P.C. 032-2002 was Adopted unanimously.
RESOLUTION #P.C. 033–2002 – Recommendation to Common Council to amend Chapter
17, Zoning, pertaining to Rustic Structures. This resolution was read by title only.
Commissioner Stinebaugh made a motion to approve. Commissioner Gummer seconded.
City Attorney had additional comments for Staff to review. Commissioner Gummer made a
motion to defer. Commissioner Hulbert seconded. Upon a voice vote, Resolution #P.C. 033-
2002 was Deferred unanimously.
RESOLUTION #P.C. 034–2002 – Recommendation to Common Council to rezone lands in
the NE ¼ of Section 10 and NW ¼ of Section 11 to include the OIP Institutional and Public
Service Overlay District for the City of Muskego. (part of Tax Key No. 2197.249 and part of
Tax Key No. 2202.999 / Moorland Road). This resolution was read by title only. Alderman Le
Doux made a motion to approve. Commissioner Schaumberg seconded. Upon a roll call
vote, Resolution #P.C. 034-2002 was Adopted unanimously.
PAGE 4
PLAN COMMISSION MINUTES, Continued
March 5, 2002
RESOLUTION #P.C. 035–2002 – Recommendation to Common Council to amend Section
17:4.05 of the Municipal Code relating to structures permitted in side yard offsets. This
resolution was read by title only. Commissioner Gummer made a motion to approve.
Commissioner Schaumberg seconded. Plan Director Turk stated this is a code modification
to clarify the placement of mechanicals in side yards. This issue is scheduled for a Public
Hearing on March 26, 2002. Upon a roll call vote, Resolution #P.C. 035-2002 was Adopted
unanimously.
RESOLUTION #P.C. 036–2002 – Recommendation to Common Council to rezone lands in
the SE ¼ of Section 9 from B-3 / OIP General Business District with Institutional and Public
Service Overlay District to B-3 General Business District for a portion of the Strasser property
(part of Tax Key No. 2195.975 / S76 W17871 Janesville Road). This resolution was read by
title only. Commissioner Schaumberg made a motion to approve. Commissioner Hulbert
seconded. The Planning Department is requesting that the OIP, Institutional and Public
Service Overlay District, be removed from the southerly 132 feet of property occupied by
Johnny’s Petroleum. This request is consistent with the underlying B-3 district regulations and
the 2010 Comprehensive Plan. Upon a roll call vote, Resolution #P.C. 036-2002 was Adopted
unanimously.
RESOLUTION #P.C. 037–2002 – Approval of sign replacements for Firstar – US Bank
located in the SE ¼ of Section 3 (Tax Key No. 2199.997.001 / S75 W17125 Janesville Road).
This resolution was read by title only. Commissioner Gummer made a motion to approve.
Alderman Le Doux seconded. The proposal for new signage is due to corporate name
change. Commissioner Hulbert made a motion to amend resolution as follows: the first
WHEREAS, On February 22, 2002 plans….. and said Plans were revised on March 5,
2002; the fourth WHEREAS, the petitioner is proposing a 50 SF monument sign, and said
sign is five feet in height and without setback from the Janesville Road right-of-way, and the
Code allows a maximum sign area of 51.75 square feet; the fifth WHEREAS, The
monument sign will be internally illuminated, and reflect the US Bank corporate colors; the
seventh WHEREAS, The petitioner is proposing a 55 SF combination box and channel set
letter sign to replace the existing Janesville Road wall sign; the first BE IT FURTHER
RESOLVED, That the Plan Commission approves of a 50 SF monument sign, five feet in
height, and without setback from the Janesville Road right-of-way; the second BE IT
FURTHER RESOLVED, That the Plan Commission approves of a 50 SF combination box
and channel set letter sign to replace the existing Janesville Road wall sign; and insert a
fourth BE IT FURTHER RESOLVED, That a landscape plan for the base of the monument
sign must be submitted for approval within thirty (30) days of the date of this approval.
Commissioner Gummer seconded. Upon a voice vote, Resolution #P.C. 037-2002 was
Amended unanimously. Upon a roll call vote, Amended Resolution #P.C. 037-2002 was
Adopted unanimously.
RESOLUTION #P.C. 039–2002 – Approval of Declarations and Restrictions and Easements
for the Dreamland Planned Development District (Tax Key No. 2167.995 / Janesville Road).
This resolution was read by title only. Commissioner Gummer made a motion to approve.
Commissioner Hulbert seconded. Jewel and Kohls propose to record a Declaration of
Restrictions and additional easements as a part of their transaction. On review by attorneys,
the following inclusion is to be added to the document: “The Parties acknowledge and agree
that the rights and easements granted herein, and the exercise of such rights and the
performance by the Parties of their obligations hereunder shall, in all events, be subject to
PAGE 5
PLAN COMMISSION MINUTES, Continued
March 5, 2002
compliance with all applicable laws, statutes, codes, regulations, permits and ordinances.”
Upon a roll call vote, Resolution #P.C. 039-2002 was Adopted unanimously.
MISCELLANEOUS BUSINESS
Status of Building Site and Operation Plan and Conditional Use Grant for gas station and
convenience store for Burke Properties. Plan Director Turk stated that the extension for
Burke Properties will expire next week and the O’Malley extension will expire in two months.
Upon expiration the Building Site and Operation Plans will be null and void, both properties
have Conditional Use Grants. Plan Director Turk asked the Commission if the Conditional
Use Grants should be revoked; or should the petitioners be allowed to resubmit. Consensus
of the Commission was to have staff send a notice to each petitioner that they will have thirty
days to respond prior to initiation of Conditional Use Grant termination proceedings.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:25 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
PAGE 6