PCM20050719
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
7:00 PM Tuesday July 19, 2005
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Damaske called the meeting to order at 7:03 p.m.
PRESENT
Mayor Damaske, Alderman Buckmaster, Commissioners Schaumberg, Simpson, Stinebaugh,
Michalski, Associate Planner Trzebiatowski and Recording Secretary Asti.
ABSENT
Commissioner Hulbert
The meeting was properly noticed on July 14, 2005 in accordance with the Open Meeting Law.
MINUTES
Commissioner Stinebaugh made a motion to approve the minutes of the June 21, 2005
meeting. Commissioner Simpson seconded. Upon a voice vote, motion to approve the
minutes was adopted unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 024-2005 – Approval of an Amended Building Site and Operation Plan
for Inpro Corporation located in the NW ¼ of Section 16 and the NE ¼ of Section 17 (Tax Key
Nos. 2221.001, 2221.002, 2221.003, 2221.004 and 2221.006.001 / Apollo Drive). This item
was on the floor and deferred. Petitioner requesting a variety of amendments to their original
Building Site and Operation Plan. The following amendments have been added to Resolution
#P.C. 024-2005. Amendment #1: Omit the landscape islands between new parking
configurations in the rear of the building. Plan Commission can waive a design guideline if the
proposal adapts to the site and does not cause harm to surrounding properties. Ample
landscaping will be provided throughout the site. The proposed parking lot will be screened
from view from the new structure and from the WEPCO vegetation buffer.
Amendment #2: Add an additional nineteen parking stalls in the rear of the main structure.
The stalls will match the existing stalls and be buffered to the north by existing vegetation.
Amendment #3: Eliminate use of some existing overhead doors. One on-grade overhead
door and two loading dock overhead doors facing Apollo Drive are proposed to be eliminated.
Amendment #4: The Apollo Drive entrance near Mercury and Apollo Drives intersection is
shifted to increase safety.
Amendment #5: Add additional area to cafeteria and new entrance on existing building.
Amendment #6: New parking lot in a vacant lot across Apollo Drive. This lot will house 125
parking stalls used solely for use by employees of Inpro. The City Forester must approve
landscape plan before any improvements begin. The Engineering Department will review
stormwater calculations. Alderman Buckmaster made a motion to amend resolution as
presented. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 024-
2005 was Amended. Upon a roll call vote, Amended Resolution #P.C. 024-2005 was
ADOPTED unanimously.
Plan Commission Minutes, continued
July 19, 2005
RESOLUTION #P.C. 078-2005 – Approval of a three lot Certified Survey Map for the Collins
property located in the SE ¼ of Section 5 (Tax Key Nos. 2180.980 / Lembezeder Drive). This
item was on the floor and deferred. Plan Commission deferred this item to allow Public Works
Committee to determine if the proposed court will be required to be improved. On July 18,
2005 the Public Works Committee decided to allow a private drive within the proposed public
right-of-way. A Driveway Agreement must be recorded upon the land division. A note must be
placed on the Certified Survey Map stating that a private drive is to be constructed with the
public right-of-way and that no maintenance, plowing or refuse collection will occur within the
newly dedicated right-of-way unless it becomes publicly improved to the City of Muskego
standards at no cost to the City of Muskego. Alderman Buckmaster made a motion to amend
resolution as presented. Commissioner Schaumberg seconded. Upon a roll call vote,
Resolution #P.C. 078-2005 was Amended. Upon a roll call vote, Amended Resolution #P.C.
078-2005 was ADOPTED unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS
None.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 080-2005– Approval of an amended Building, Site, and Operation Plan
and a Conditional Use Grant for self storage units for Burback Builders LLC located in the
Muskego Industrial Park in the NW ¼ of Section 16 (Tax Key No. 2221.016.001 / W185 S8095
Racine Avenue). This resolution was read by title only. Commissioner Stinebaugh made a
motion to approve. Commissioner Schaumberg seconded. A Public Hearing for this item was
held prior to the start of the Plan Commission meeting. Petitioner proposing to construct two
additional buildings on site. One building will measure 200’ x 40’ and will contain a total of 44
storage units. The other building will measure 100’ x 40’ and will contain a total of 10 climate
controlled storage units. Ten parking stalls are illustrated and all meet code requirements. No
signage, lighting or dumpster enclosure are proposed. No outdoor storage will be allowed.
The Engineering Department will review the site for stormwater before any permits are issued.
An annual review will be required to insure site is in compliance. Commissioner Simpson made
a motion to amend the resolution to read, BE IT FURTHER RESOLVED, That the site will be
asphalted rather than gravel. Commissioner Stinebaugh seconded. Upon a voice vote,
Resolution #P.C. 080-2005 was Amended unanimously. Commissioner Michalski requested
that brick be placed on the buildings to meet the masonry requirements. Commissioner
Schaumberg agreed. Mr. Burback addressed the Commission stating that he would be willing
to comply with the required additional brick work. Commissioner Michalski stated he would like
to see a stone beltline on the proposed buildings matching the existing principal structure.
Commissioner Michalski made a motion to defer this item allowing petitioner to submit
elevations showing the additional masonry required. Commissioner Stinebaugh seconded.
Upon a voice vote, Resolution #P.C. 080-2005 was DEFERRED unanimously.
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July 19, 2005
RESOLUTION #P.C. 076-2005 – Approval of a Preliminary Plat for Woodland Creek Estates
II located in the NE ¼ of Section 20 (Tax Key Nos. 2237.994). This resolution was read by
title only. Commissioner Schaumberg made a motion to approve. Commissioner Stinebaugh
seconded. Petitioner proposing seventeen single family lots with three outlots. This plat is an
extension of the Woodland Creek Estates preliminary plat. The parcels meet the zoning code
requirements and all roadways meet City requirements. Due to recommendations from the
Conservation Commission and stormwater needs, the outlot configurations may change. The
Commission reviewed the plat and determined that lots 62-68 and Outlot 2 will require a tree
survey before Final Plat. The City Forester will determine what trees will be saved and the
building envelopes needed. The Conservation Commission recommended that a trail link to the
existing City Engel Conservation property be made on the plat. The Park and Rec Board
reviewed the plat and recommended a trail be continued on Eagle View Drive right-of-way to
where the outlot meets the right-of-way in order to fulfill the connection to the Engel
conservation property. The plat appears to use the lay of the land well. Upon a roll call vote,
Resolution #P.C. 076-2005 was ADOPTED unanimously.
RESOLUTION #P.C. 079-2005 – Recommendation to Common Council to rezone land from
A Agricultural to B-2 Local Service Center District, and a 2010 Plan Amendment from Landfill
and Extractive to Commercial for a property located in the SE ¼ of Section 36 (Tax Key No.
th
2304.996 / 124 Street). This resolution was read by title only. Commissioner Schaumberg
made a motion to approve. Commissioner Stinebaugh seconded. A Public Hearing was held
on June 28, 2005 in front of the Common Council. No negative comments were made. The
use of this property was commercial, although that use has ceased for over two years. The old
commercial use was legal non-conforming. The Zoning Ordinance reads: “Where any such use
is discontinued for a period of 12 consecutive or for 18 accumulative months during any 3 year
period, any future use of the land shall conform to the regulations of the district in which it is
located.” The new owners intend to revitalize the property and operate a restaurant/tavern.
According to the ordinance, the use of the property can be agricultural/residential since the
zoning is currently agricultural and the commercial use has ceased. The property is located on
the southeast corner of the City, surrounded by landfill property. The 2010 plan indicates this
property for landfill and extractive uses. Upon consideration of property location, existing uses
and past use of property, it was determined that the newly proposed zoning would not have a
negative affect in this area. A Building, Site and Operation Plan will be required before any
improvements take place. Since the building location is non-conforming, there will be cost
restrictions on what can be done to the building. Upon a roll call vote, Resolution #P.C. 079-
2005 was ADOPTED unanimously.
RESOLUTION #P.C. 081-2005 – Recommendation to Common Council to rezone land from
RS-2/OHS Suburban Residence District with a Highway Service Overlay District to RS-2
Suburban Residence District for properties located in the SE ¼ of Section 11 and the NE ¼ of
Section 14 (Tax Key Nos. 2204.995, 2204.996, 2204.996.001, 2213.984, 2213.985, 2213.988,
2213.997, 2213.997.001, & 2213.999 / Durham Drive). This resolution was read by title only.
Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded.
At the May 12, 2005 Committee of the Whole meeting, it was recommended to the Plan Staff to
pursue a rezoning for the properties referenced above to remove the OHS Highway Service
Overlay District. This request was the result of an Alderman’s constituent proposing to add on
to their property. Due to increased offsets required by the OHS, the resident was unable to add
on suitably. The Committee of the Whole studied the area and realized that none of the
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Plan Commission Minutes, continued
July 19, 2005
properties were utilizing the OHS District. Another consideration is the future realignment of
Durham Drive
which will bypass this area. Removing the OHS District will help future development as the side
yard offset will decrease. One resident, located at tax key number 2213.984, has submitted a
formal request to keep and increase the OHS Zoning District on his property. This resident’s
request for a Building Site and Operation Plan will be addressed under Resolution #P.C. 088-
2005, but is in connection with this item.
A Public Hearing was held on July 12, 2005 in front of the Common Council to eliminate the
OHS Zoning District. Alderman Madden believed that the OHS should be removed. This is a
residential area and the overlay has created problems for some of her constituents. The
property owners in that area that she talked to would like the OHS removed. Six property
owners spoke against keeping the OHS District. Their concerns were attributed to the
proposed business that is requesting to keep and expand the OHS District. Some of the
comments were: this is a residential setting; landscaping business is fine, however, wood
cutting business should not be allowed; stacked logs are dangerous; weight limit of trucks; and
noise from chainsaws. The resident in favor of the OHS bought the property solely for the
operation of the business. A formal written complaint by surrounding property owners was
received against the landscaping/tree service business. Mr. Birkley submitted signatures from
owners and tenants of surrounding properties in favor of his business.
Alderman Buckmaster stated that if the OHS Zoning remained on tax key number 2213.984,
that a Building Site and Operation Plan, Conditional Use Grant and Public Hearing would be
required. He also gave a brief history of the area stating that years ago it was thought that
Durham Drive would be of an intense highway character. Throughout the years, the underlay
zoning of RS-2 was more compatible with the residential character. The future realignment of
Durham Drive would basically by-pass this area. In keeping this area suburban but allowing
use of the OHS District for one property would not be consistent with Comprehensive Plan.
The OHS District has not been used. It was his understanding that no approvals have been
received for this business which would require a Building, Site and Operation Plan along with a
Conditional Use Grant. It is his recommendation to go ahead with the rezoning to remove the
OHS from all of the parcels and defer the Building, Site and Operation Plan request until
Common Council has made a final decision.
The Plan Commission members were given two options to choose from to make a
recommendation to Common Council. The first option would approve the removal of the OHS
district while allowing the amendment to the district for Tax Key No. 2213.984, subject to a
Building Site and Operation Plan. The second option would approve the removal of the OHS
District entirely. Alderman Buckmaster made a motion to accept Option #2 which would
remove the OHS District. His reasons for this option are that it the area is more compatible with
suburban character rather than highway character. The area fits better with the RS-2 zoning
and it is more contiguous with existing zoning. Commissioner Simpson seconded. Upon a
voice vote option 2 was approved unanimously. Upon a roll call vote, Resolution #P.C. 081-
2005 was ADOPTED unanimously.
RESOLUTION #P.C. 088-2005 – Approval of a Building, Site, and Operation Plan for Michael
Birkley for a Tree Service/Landscaping business located in the NE ¼ of Section 14 (Tax Key
No. 2213.984 / Durham Drive). This resolution was read by title only. Alderman Buckmaster
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Plan Commission Minutes, continued
July 19, 2005
made a motion to approve. Commissioner Schaumberg seconded. Discussion ensued to
defer this item to allow Common Council to vote on the OHS rezoning as discussed in
Resolution #P.C. 081-2005. Commissioner Michalski made a motion to defer. Commissioner
Stinebaugh seconded. Upon a voice vote, Resolution #P.C. 088-2005 was DEFERRED
unanimously.
RESOLUTION #P.C. 082-2005 – Approval of an amended Building, Site, and Operation Plan
and recommendation to Common Council to rezone land from A Agricultural District to B-4
Highway Business District for Frey Auto located in the SE ¼ of Section 34 (Tax Key Nos.
2296.996 & 2293.996.002 / Loomis Road). This resolution was read by title only.
Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded.
Petitioner requesting to add saleable vehicle parking, loaner vehicle parking and customer
parking. These changes require a Rezoning and a Public Hearing was held on July 12,2005.
A Conditional Use Grant is needed which will require another Public Hearing to be scheduled.
Petitioner requesting to have a total of 82 vehicles for sale, which is an increase from the
approved 24; requesting 14 customer parking stalls, increased from approved 7; requesting 42
vehicles allowed within the existing fenced in area, increased from 32; and requesting 18
loaner cars to be parked across the street on petitioner’s property. The area housing the cars
for sale will be asphalted. The loaner cars can be allowed if Common Council approves the
rezoning request. The Public Hearing for the rezoning was held on July 12 before Common
Council and no public comments were made. The City Forester will need to approve a
landscape plan prior to any work being started on the site. The Plan Department did receive a
complaint against this property and the Plan Commission may require petitioner to bring site
into compliance before any amendments can be approved. The Engineering Department will
review submittal for stormwater management and grading. It was noted that there are some
concerns regarding the placement of lighting, landscaping, and parking. Some of these items
may be located in the right-of-way. An updated and more detailed site plan is needed per
staff’s and the Plan Commission requests to ensure proper dimensions and to make sure that
nothing will be located within the right-of-way. Commissioner Stinebaugh made a
recommendation to Common Council to allow property to be rezoned from Agricultural to
Highway Business. Alderman Buckmaster seconded. Upon a voice vote, motion passed
unanimously. Commissioner Stinebaugh made a motion to defer this item to allow petitioner
the opportunity to resubmit detailed site plans showing dimensions and property lines.
Commissioner Michalski seconded. Upon a voice vote, Resolution #P.C. 082-2005 was
DEFERRED unanimously.
RESOLUTION #P.C. 084-2005 – Approval of a Building, Site, and Operation Plan for
Waukesha State Bank located in the SW ¼ of Section 2 (Tax Key No. 2167.995.013 /
Janesville Road). This resolution was read by title only. Commissioner Stinebaugh made a
motion to approve. Commissioner Schaumberg seconded. Petitioner proposing to construct a
bank on parcel of land along Janesville Road, east of Aldi Foods. A thorough Building Site and
Operation Plan had been submitted. The use is allowed and meets the zoning district
requirements. The proper access is off Princeton Drive with cross access shown on the
western portion of site leading to Aldi Foods. The Community Development Authority reviewed
and approved the Building Site and Operation Plans. It was recommended that the trail
connection be implemented from the commercial site to promote walk ability in the area. Mr.
Stephen Smith, architect, addressed the Commission requesting to place metal halite lighting
on the building to be used as an architectural element. Alderman Buckmaster requested that
petitioner take into consideration the residential area when addressing the lighting. Upon a roll
call vote, Resolution #P.C. 084-2005 was ADOPTED unanimously.
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Plan Commission Minutes, continued
July 19, 2005
NEW BUSINESS PLACED ON FILE
No action intended for these items. The following will be placed on the agenda as a resolution
at a future meeting.
DOCKET #P.C. 026-2005 – Approval of a four lot Certified Survey Map for the Markgraf
property located in the SE ¼ of Section 34 (Tax Key No. 2296.994.003 / Union Church Drive).
DOCKET #P.C. 068-2005 – Approval of a two lot Certified Survey Map for the Posbrig
property located in the SW ¼ of Section 24 (Tax Key Nos. 2240.997 and 2243.992.001 /
Parker Road).
DOCKET #P.C. 083-2005 – Approval of an amended Building, Site, and Operation Plan for
the Police Firearms Range located in the NE ¼ of Section 36 (Tax Key Nos. 2301.998).
DOCKET #P.C. 085-2005 – Approval of a Preliminary Plat for Oakridge Glen Subdivision
located in the NE ¼ and SE ¼ of Section 3 (Martin Drive).
DOCKET #P.C. 086-2005 – Approval of a Preliminary Plat for Rustic Trials Subdivision
located in the SE ¼ of Section 7 (Tax Key No. 2188.999 / Field Drive).
DOCKET #P.C. 087-2005 – Approval of a Final Plat for The Nursery Subdivision located in
the SW ¼ of Section 12 (Tax Key No. 2208.998 / McShane Drive).
DOCKET #P.C. 089-2005 – Approval of an amended Building, Site, and Operation Plan for
Sindic Motors located in the SW ¼ of Section 9 (Tax Key No. 2195.981 / Racine Avenue).
MISCELLANEOUS BUSINESS
None.
ADJOURNMENT
Alderman Buckmaster made a motion to adjourn at 8:30 p.m. Commissioner Stinebaugh
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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