PCM20061003
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
6:00 PM Tuesday October 3, 2006
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Damaske called the meeting to order at 6:01 p.m.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Burke,
Stinebaugh, Plan Director Muenkel and Recording Secretary Asti.
ABSENT
Commissioner Michalski
Recording Secretary Asti noted that the meeting was properly noticed on September 27, 2006
in accordance with the Open Meeting Law.
MINUTES
Commissioner Stinebaugh made a motion to approve the minutes of the September 19, 2006
meeting. Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes
was adopted unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 014-2006 – Approval of a Conceptual Subdivision Plat for the DeBack
Property to be known as Crystal Lake Addition #1 located in the SE ¼ of Section 32 (Tax Key
No. 2287.999). This resolution was on the floor and deferred. Plan Director Muenkel stated
that Plan Commission has deferred this item since February, 2006 informing petitioner to submit
an exact layout of their proposal showing future street layout, including the extension of
Muskego Dam Drive. The extension would require recommendations by Public Works and
Public Utilities. Another issue of concern for this development is whether the Norway Sanitary
Sewer District will support sewer for this area. The Town of Norway has not made a decision
on extending sewer to this property and it is unknown when this will be able to be
accomplished. Staff recommends denial without prejudice as this is only a conceptual plat and
petitioner may be directed to resubmit when the issues of concern are known. Upon a roll call
vote, Resolution #P.C. 014-2006 was DENIED WITHOUT PREJUDICE unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
Commissioner Hulbert made a motion to DEFER Resolutions #P.C. 102-2006 and #P.C. 106-
2006 engross. Commissioner Schaumberg seconded. Upon a voice vote, the motion passed
unanimously.
RESOLUTION #P.C. 102-2006 –Approval of a Preliminary Plat for the Stagecoach Trail
Subdivision located in the NW and NE ¼ of Section 18 (Tax Key Numbers 2230.999, part of
2230.995, 2229.989, 2230.999.001, 2230.999.002, 2229.998, 2229.995, 2229.996,
2229.995.001 2229.997, & part of 2187.998) / Crowbar and Hillendale Drive). This resolution
was on the floor and deferred. Upon a voice vote, Resolution #P.C. 102-2006 was DEFERRED
unanimously.
Plan Commission Minutes, continued
October 3, 2006
RESOLUTION #P.C. 106-2006 – Approval of an amended Building, Site, and Operation Plan
for the Jewell property located in the SE ¼ of Section 17 (Tax Key No. 2228.999.016 / S83
W19021 Saturn Drive). This resolution was on the floor and deferred. Upon a voice vote,
Resolution #P.C. 106-2006 was DEFERRED unanimously.
CONSENT BUSINESS
Commissioner Schaumberg made a motion to ADOPT Resolutions #P.C. 117-2006, and #P.C.
119-2006 engross. Commissioner Stinebaugh seconded. Upon a voice vote, the motion
passed unanimously.
RESOLUTION #P.C. 117-2006 – Approval of a Certified Survey Map for Knudsen II located
in the SE ¼ of Section 5 (Tax Key No. 2177.933.001 / W192 S6647 Hillendale Drive). Upon a
voice vote, Resolution #P.C. 117-2006 was ADOPTED unanimously.
RESOLUTION #P.C. 119-2006 – Determination of non-substantial change to the approved
Planned Unit Development for Building #4 of St. Andrews Village pertaining to deck locations,
located in the NW ¼ of Section 25 (Tax Key No. 2258.994.011-.012 / S95 W13481-85 St.
Andrews Drive). Upon a voice vote, Resolution #P.C. 119-2006 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 098-2006 – Approval of a Preliminary Plat for the Fenwick Estates
Subdivision and recommendation to Common Council for a 2010 Comprehensive Plan Map
from Rural Density Residential to Medium Density Residential located in the SW ¼ of Section
31 (Tax Key Nos. 2283.999.002 and 2283.999.001 / Crowbar Drive). This resolution was read
by title only. Commissioner Stinebaugh made a motion to approve. Commissioner
Schaumberg seconded. Plan Director Muenkel advised that the property is currently zoned RS-
2, Suburban Residence District. The current 2010 Comprehensive Plan shows this area to
have single family residential parcel sizes consistent with Rural Density Residential. The
original 2010 Comprehensive Plan had this area Medium Density Residential, however, in June
of this year the Common Council changed the zoning to Rural Density. The developer wishes
to utilize the current zoning which will require a 2010 Comprehensive Map amendment. A
Public Hearing was held on September 26, 2006 with seventeen people speaking against the
2010 amendment and the developer speaking in favor. Many of the individuals requested to
preserve the rural density and keep larger lots. Other concerns mentioned were stormwater
runoff, traffic, boat slips, wetlands, and impacts to the lake. The developer stated that he
wants to compromise with surrounding residents and proposes to preserve the wetland
frontage, taking all runoff in ponds away from the lake. The Conservation Commission has
looked at this plan several times due to the medium priority acquisition areas. The developer
has worked with the Conservation Commission to ensure that all the environmental lands are in
an outlot. The Commission has recommended that the developer dedicate the outlot to the
City for conservation management purposes. Plan Director Muenkel explained that the
petitioner is proposing forty lots with one access off of Crowbar. All environmental areas
delineated and shown as protected in out lots. There are numerous technical corrections from
the Planning and Engineering Departments.
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Plan Commission Minutes, continued
October 3, 2006
Alderman Buckmaster mentioned that the Common Council looked at four areas for
Comprehensive Plan review and took action via recommendations from Plan Commission,
public
hearings, and constituents. Certain areas were changed and the newly adopted Amended
2010 Comprehensive Plan was approved. This plat does not conform to the 2010
Comprehensive Plan. The Aldermen would not approve this plan and recommend that the Plan
Commission deny this proposal.
Commissioner Hulbert stated that a former plan commissioner had property adjacent to this
land and was a fan of larger lots and keeping open space. Two of his heirs live in this area and
are opposing this type of subdivision. He concurs with the action by the Common Council. We
need to protect the lakes. The best way to do this is to have larger lots with less runoff, less
roofs, less driveways, patios and less docks on the lake to impact the aquatic vegetation along
the lake. He cannot support the lots shown on this plat. Developer should stick with the
Comprehensive Plan.
Mayor Damaske advised that he has received numerous calls today regarding the duck hunters
shooting on Lake Denoon. Adding more homes in this area will increase this problem.
Mr. Dan Kinart, petitioner, addressed the Plan Commission. He did attend the Public Hearing
and listened to concerns of the people. He wants to be a good neighbor and wants to do the
best for the land and community. He asked the Plan Commission to consider the original 2010
Comprehensive Plan and all the work involved from the Commission members to the consulting
engineers recommendations. This area was zoned medium density residential. Mr. Kinart
wants to make sure that the land is protected and will design the stormwater management with
the City conservation principles as guidelines. He is willing to construct small walls or small
fences at the 100 year floodplain to make sure nothing gets into the lake or wetlands. The
wetlands will be put into a conservation easement so the City has total control. They are
considering less than fifteen or eighteen boat slips and these will be monitored through a
homeowners association. The homeowners association will limit lake access along with the
number of boat slips. There will be strict homeowner association restrictions. Commissioner
Hulbert clarified that although the petitioner has good intentions, to his knowledge of the law,
the City has no control over the homeowners association. It would take the homeowners
association to go to Circuit Court to enforce the covenants. Director Muenkel concurred and
stated that the City wants the water frontage dedicated due to its environmental qualities. The
City would then control lake access and the amount of boat slips.
Alderman Buckmaster noted that he has no doubt that the petitioner is trying to bring about a
quality development. However, in this case, you cannot compromise the highest and best use
of the land as determined by Common Council. The next plat proposal must reflect the 2010
Comprehensive Plan.
Mr. Kinart wanted to point out that when the plan was developed, it was done before the
Comprehensive Plan was amended, and was designed to meet the Land Use and
Comprehensive Plan. He wanted to make a point that he was not being disrespectful by
submitting something that was in conflict with the 2010 Comprehensive Plan. Upon a roll call
vote, Resolution #P.C. 098-2006 was DENIED unanimously.
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Plan Commission Minutes, continued
October 3, 2006
RESOLUTION #P.C. 118-2006 – Approval of an Accessory Structure for John Henneberry
located in the SW ¼ of Section 20 (Tax Key No. 2239.996.002 / S93 W19979 Henneberry
Drive). This resolution was read by title only. Commissioner Stinebaugh made a motion to
approve. Commissioner Schaumberg seconded. Plan Director Muenkel advised that the
petitioner is proposing a steel sided structure with one foot eaves to match the eaves on the
house. The colors of the accessory structure will match the colors of the existing house. The
building will be located 375 feet from the nearest road and 40 feet to the nearest side lot line.
The building will have decorative elements such as a side covered area, windows and copulas.
Commissioner Hulbert requested petitioner to come forward and state for the record the
intentions for the use of this structure. Mr. Henneberry stated that he plans on storing farm
equipment and eventually may have horses and will store hay in the building. Commissioner
Hulbert reiterated that the accessory structure will be used for agricultural use or hobby farm.
Upon a roll call vote, Resolution #P.C. 098-2006 was ADOPTED unanimously
NEW BUSINESS PLACED ON FILE
No action intended for these items. The following will be placed on an agenda as a
resolution at a future meeting.
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. 088-2006 - Approval of a Certified Survey Map for the Zurawski property
located in the SW ¼ of Section 24 (S94 W13826 West Ryan Road / Tax Key No. 2255.983).
DOCKET #P.C. 089-2006 - Approval of a Certified Survey Map for the Herda property
located in the SW ¼ of Section 24 (S94 W13724 West Ryan Road / Tax Key No. 2255.982).
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 6:31p.m. Commissioner Burke 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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