PCM20060718
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
6:00 PM Tuesday July 18, 2006
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Damaske called the meeting to order at 6:00 p.m.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Damaske, Alderman Buckmaster, Commissioners Schaumberg, Stinebaugh, Michalski,
Associate Planner Trzebiatowski and Recording Secretary Asti.
ABSENT
Commissioner Hulbert
Recording Secretary Asti noted that the meeting was properly noticed on July 14, 2006 in
accordance with the Open Meeting Law.
MINUTES
Commissioner Schaumberg made a motion to approve the minutes of the June 20, 2006
meeting. Commissioner Stinebaugh seconded. Upon a voice vote, motion to approve the
minutes was adopted unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 083-2006 – Approval of an amended Building, Site, and Operation Plan
for the Willow Pond Apartments located in the SW ¼ of Section 9 (Tax Key Nos. 2195.981.002,
2195.981.004, & 2195.981.006). This resolution was on the floor and deferred. Associate
Planner Trzebiatowski stated that petitioner has submitted revised plans showing four new
garage structures and an addition to an existing garage structure. The petitioner proposing four
and eight car garages on the southwest end of parcel. Ten and two car garages on the west
central area, and a twelve car garage on the eastern parcel. All garages will match existing
structures. Staff has concerns with the twelve car structure and the eight car structure. These
structures do not meet the code requirements for front setback and side yard offset. Petitioner
owns adjoining property and has the option of doing a quit-claim for the eight car garage or
appearing before the Zoning Board of Appeals to get a variance for the eight and twelve car
garages. Staff does not believe that the placement of the twelve car garage is conducive to
the aesthetics of the site. The garage will cover the principal structure almost completely from
Lions Park Drive which is the main road. Petitioner previously submitted a six car garage in the
same location of the twelve car. The six car garage met the offset/setback requirements.
Before building permits are issued a grading plan, a landscaping plan and plans showing
dumpster enclosure will be required to be submitted. The resolution has been written to
approve a six car garage, not the proposed twelve. Petitioner was not at the Plan Commission
meeting. Associate Planner Trzebiatowski said that the petitioner is aware of the concerns and
recommendation and has already applied to appear at the Zoning Board of Appeals.
Discussion ensued regarding Plan Commission recommendation and the variance procedure
with the Board of Appeals. Due to petitioner not being present at the meeting to explain his
hardship for requesting the larger structure, Commissioner Michalski made a motion to defer.
Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C. 083-2006 was
DEFERRED unanimously.
Plan Commission Minutes, continued
July 18, 2006
OLD BUSINESS SCHEDULED FOR DEFERRAL
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. Alderman Buckmaster made a
motion to Defer. Commissioner Stinebaugh seconded. Upon a voice vote, Resolution #P.C.
014-2006 was DEFERRED unanimously.
RESOLUTION #P.C. 071-2006 – Approval of a Building, Site, and Operation Plan and
Conditional Use Grant for a gas station convenience store located in the NE ¼ of Section 25
(Tax Key No. 2257.997 / W125 S9706 North Cape Road). This resolution was on the floor and
deferred. Alderman Buckmaster requested to pull this item for individual consideration. He
questioned whether the value of the feedback from the Public Hearing and the signed petitions
are being lost because this item is being deferred. He is not sure that a compromise can be
offered. The petitioner, State, County and staff have been working through issues, however,
nothing has been resolved. We have before us a Building, Site and Operation Plan and
Conditional Use Grant and need to ask if there is a point in moving forward and if this is an
appropriate site for this use. We need to take into consideration if this use matches the area,
the rural nature, and the quality of life. Alderman Buckmaster believes that Plan Staff needs
guidance, the petitioner needs guidance and the residents in this area need validation. He
cannot support a Conditional Use Grant of this type for this area. He would like to take action
on this item.
Commissioner Michalski questioned whether the petitioner was present, petitioner was not at
meeting. Commissioner Michalski was not willing or ready to make a decision. Not all of the
Commissioners were present. He feels that we need to be very careful on telling someone
what they can do with their land, especially if they are willing to work with surrounding residents.
Commissioner Schaumberg felt it was not fair to take action if the petitioner was not at the
meeting. Commissioner Stinebaugh stated that the outpouring of negative feelings is
overwhelming. He would like to hear what kind of use the residents would tolerate.
Mr. Steve Van Goethem, President of the Home Owners Association, addressed the
Commission stating that they are not against development in this area, however, it is what is
being proposed that they are opposing. Look at the resource so it does not affect the quality of
life and the property values. The residents want to work with the City and the developer as to
what use should be allowed. A gas station does not belong in that area. The residents would
like to see a development that does not have a lot of lights; a development that gets people out
of the area in a reasonable amount of time and does not create additional traffic for their
subdivision. A gas station does not fit in that location.
Alderman Buckmaster made a motion to defer this item, to require the petitioner to be present
at the next Plan Commission meeting. Commissioner Stinebaugh seconded. Upon a voice
vote, Resolution #P.C. 071-2006 was DEFERRED unanimously.
CONSENT BUSINESS
Commissioner Michalski made a motion to Adopt Resolutions #P.C. 056-2006 and #P.C. 094-
2006 engross. Commissioner Stinebaugh seconded. Upon a voice vote, the motion passed
unanimously.
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Plan Commission Minutes, continued
July 18, 2006
RESOLUTION #P.C. 056-2006 – Approval of a Certified Survey Map for the Anderson
property located in the NW ¼ and the NE ¼ of Section 12 (Woods Road / Tess Corners Drive).
This resolution was ADOPTED unanimously.
RESOLUTION #P.C. 094-2006 - Approval of a Certified Survey Map for the Sonnentag
property located in the SE ¼ of Section 34 (Tax Key No. 2296.999.002). This resolution was
ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 022-2006 – Approval of a Final Plat for Denoon Country Estates North
Subdivision located in the SW ¼ of Section 30 (Tax Key No. 2279.993 / Crowbar Drive). This
resolution was read by title only. Commissioner Schaumberg made a motion to approve.
Commissioner Stinebaugh seconded. Petitioner proposing a conservation subdivision with ten
single family lots and two outlots. Petitioner has met three conservation items as established
by the Zoning Ordinance allowing them three bonus lots. There are minor technical corrections
to be addressed which do not impair the approval process. Upon a roll call vote, Resolution
#P.C. 022-2006 was ADOPTED unanimously.
RESOLUTION #P.C. 058-2006 – Approval of a Certified Survey Map for the James property
located in the NW ¼ of Section 14 (Mystic Drive). This resolution was read by title only.
Alderman Buckmaster made a motion to approve. Commissioner Schaumberg seconded.
Associate Planner Trzebiatowski stated that Resolutions #P.C. 058-2006 and #P.C. 059-2006
are dependent on each other as both Certified Survey Maps are of the same property.
Resolution #P.C. 058-2006 is a four lot land division at the end of Mystic Drive. Resolution
#P.C. 059-2006 is a redivision of lot 1 creating three parcels. The Certified Survey Maps meet
the zoning code requirements. There is a thirty foot right-of-way for the possible extension of
Mystic Drive being dedicated along the western boundary. The right-of-way bends around the
wetland area to ensure protection of the wetlands. The final Certified Survey Map must show
all of the on-site sanitary locations for each parcel. A portion of the right-of-way is being fully
improved, while the other portion has been approved to be gravel. Upon a roll call vote,
Resolution #P.C. 058-2006 was ADOPTED unanimously.
RESOLUTION #P.C. 059-2006 – Approval of a Certified Survey Map for the James property
located in the NW ¼ of Section 14 (Mystic Drive). This resolution was read by title only.
Alderman Buckmaster made a motion to approve. Commissioner Michalski seconded. This
item was discussed in Resolution #P.C. 058-2006. Upon a roll call vote, Resolution #P.C. 059-
2006 was ADOPTED unanimously.
RESOLUTION #P.C. 093-2006 – Recommendation to Common Council to vacate right-of-way
located in the NW ¼ of Section 14 (Mystic Drive / (Petitioner: James). This resolution was read
by title only. Commissioner Schaumberg made a motion to approve. Commissioner Michalski
seconded. Associate Planner Trzebiatowski stated that this item relates to the two previous
Certified Survey Maps (Resolutions #P.C. 058-2006 and #P.C. 059-2006). There is an existing
dedicated 60 foot right of way from previous land divisions. Petitioner wanted to have the
future road further away from the home sites and is proposing to shift the road thirty feet to the
southwest which will require a thirty foot vacation. This item has been reviewed and
recommended for approval by Public Works. Upon a roll call vote, Resolution #P.C. 093-2006
was ADOPTED unanimously.
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Plan Commission Minutes, continued
July 18, 2006
RESOLUTION #P.C. 084-2006 - Recommendation to Common Council to rezone land from
EA Exclusive Agricultural District to A Agricultural District and Approval of a two lot Certified
Survey Map for the Haita property located in the NE ¼ of Section 30 (Tax Key No.
2277.996.002 / Parker Drive). Alderman Buckmaster made a motion to approve.
Commissioner Stinebaugh seconded. Petitioner proposing a two lot land division and rezoning
from Exclusive Agricultural District to Agricultural District. A Public Hearing was held on June
27, 2006 and no comments were received. Staff recommended approval subject to technical
corrections being addressed. Upon a roll call vote, Resolution #P.C. 084-2006 was ADOPTED
unanimously.
RESOLUTION #P.C. 096-2006 – Approval of an amended Building, Site, and Operation Plan
for C.I. Banker Wire & Iron Works located in the SE ¼ of Section 17 (Tax Key No.
2228.999.005 / S84 W19120 Enterprise Drive). This resolution was read by title only.
Commissioner Stinebaugh made a motion to approve. Commissioner Schaumberg seconded.
Associate Planner Trzebiatowski reviewed for the Commission that Banker Wire received
approval earlier this year for a 12,000 square foot addition off of the front of their building.
Petitioner is now requesting to modify the distance of their front parking area from the right-of-
way and also modify their outdoor screening requirements.
Regarding the parking lot: originally the plan showed a ten foot setback from right-of-way to the
parking area along the front of the building. The Fire Street was located on the west side of the
building due to limited space between the building and the right-of-way. Petitioner now states
that this is not practical, they are loosing needed storage space, and would be required to
remove existing trees. Petitioners met with staff and the Fire Department to explore options.
One option was to relocate the Fire Street in front of the building. This would require the
parking lot to be shifted five feet closer to the right-of-way. The Design Guide and Zoning code
require ten feet area from parking lot to right-of-way. Since the fire code requires this, Mr. Phil
Dibb, from the Fire Department, has written a letter stating that they are in favor of the
relocation as this is the safest area having dual access and direct city street access. This area
will not have issues with snow and it is the most logical area. If this option is approved,
petitioner would be required to go to the Zoning Board of Appeals for the five foot variance.
Staff did recommend approval of the five foot setback subject to Board of Appeal’s approval
due to fire safety issues.
Regarding the screening of storage: original approvals stated no outdoor storage. At permit
time, petitioners stated that they needed outdoor storage and submitted a plan for a chain link
fence with privacy slats. Presently, petitioner feels the screening is not necessary. A fence
would make snow removal difficult and would not provide additional screening beyond the
natural screening. There are existing trees on the south and west lot lines. However, once
they loose leaves there would be little screening. For the most part, the outdoor storage is
visible from the street. Typically, the Commission has not allowed any unscreened outdoor
storage on any new or updated Building Site and Operation Plans per the General Design
Guide.
Mr. George Boxhorn, one of the petitioners, addressed the Commission stating that due to their
time frame, they felt badgered into agreeing to some commitments. They object to the City’s
suggestion to install a chain link fence with privacy slats. They feel this type of fencing is uglier
than natural vegetation. Mr. John Boxhorn, petitioner, also addressed the Commission
suggesting that staff’s writings were slanted to the side for rejection and he wanted to respond.
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Plan Commission Minutes, continued
July 18, 2006
He, too, felt pushed into accepting some of the restrictions. He handed out various photos of
neighboring companies such as G & G Trucking, Precision Screw, and the Jewell property
identifying their landscaping and outdoor storage areas were not being held to the same
standards. Mr. Boxhorn also handed out a letter from Midwest Air Parts, their neighbor, stating
their objection to the construction of a fence. He said that this is an Industrial Park not a
shopping center or business park.
Associate Planner Trzebiatowski commented on some of the remarks from petitioners that staff
write-ups are based on items that are in the Design Guide. Staff is guided to see if the
proposed plan meets the Design Guide standards. Staff has fifteen working days to process
permits and to his knowledge there were no delays from the Plan Department. Regarding
some of the photos that were shown to the Commission, staff is working with some of the
owners to come into compliance with items that need to be addressed. Associate Planner
Trzebiatowski appreciated receiving the letter from Midwest Air but would have preferred if the
letter were given to staff prior to the meeting as this could have been placed in the packets for
Commissioners. Discussion ensued regarding additional landscaping rather than fencing.
Commissioner Stinebaugh made a motion to amend the Resolution to strike all fence
language and add, BE IT FURTHER RESOLVED, That petitioner will submit a detailed
landscape plan to be approved by the City Forester and Plan Commission. Commissioner
Schaumberg seconded. Upon a voice vote, Resolution #P.C. 096-2006 was Amended
unanimously. Alderman Buckmaster made a motion to add another amendment, BE IT
FURTHER RESOLVED, That a detailed landscape plan under separate resolution will be
submitted for approval by the first Plan Commission meeting in September, 2006.
Commissioner Stinebaugh seconded. Upon a voice vote, Amended Resolution #P.C. 096-2006
was Twice Amended. Upon a roll call vote, Twice Amended Resolution #P.C. 096-2006 was
ADOPTED unanimously.
RESOLUTION #P.C. 097-2006 – Approval of a conceptual Building, Site, and Operation Plan
for the Basse Family Residential Community located in the NE ¼ of Section 10 (Tax Key Nos.
2198.160 & 2198.161 / Janesville Road). This resolution was read by title only. Alderman
Buckmaster made a motion to approve. Commissioner Schaumberg seconded. Petitioner
submitted conceptual plans for a condominium complex along Janesville Road, east of Forest
Glen Subdivision. Petitioner requesting comments from the Plan Commission before moving
forward on approval process. In 2003 approval was given on a land division sketch for thirty-
two townhouse units within four structures in the RSA/OPD area and sixty-four units within four
structures housing sixteen units each in the RSM/OPD area. This proposal shows a total of
ninety-six units with twenty units within the RSA/OPD area and all structures are eight units or
less. Seventy-six units within a twenty-four unit structure and a thirty-six unit structure are
proposed in the RSM/OPD area. Staff believes that this is a substantial change to the original
approval. There will be one access onto Janesville Road along with another west access
existing the Forest Glen development and to the northeast existing the Lindale Villas. The
structures do not meet the 50% masonry requirement. The left façade of the four units
buildings will be required to show additional architectural elements. Further review may be
required by the Fire Department for the twenty-four and thirty-six unit buildings. Landscape
plans will be required along with additional parking.
Mr. Alvin Basse gave a short presentation on this development. He feels that after farming for
so many years, the time is right to develop this property. The development name will be Will
Rose Haven named after Mr. Basse’s Father, William, and Mother, Rose. He feels this is an
exciting time for his family and is looking forward to working with Mr. Carity, “Koz” and the City.
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Plan Commission Minutes, continued
July 18, 2006
Mr. Carity stated that the intent is to try to establish a variety of designs and not have cookie
cutter buildings. They also want to preserve as much natural preservation as possible. All
wetlands have been delineated. The stormwater was configured around this development.
The larger buildings housing twenty-four and thirty-six units will be three story structures having
elevators and heated underground parking. Although this is a condominium project, the larger
structures may be used as rental units.
Mr. Dave “Koz” Koscielniak, from TDI Associates, also addressed the Commission reiterating
that the four and eight units will have two bedrooms, two baths along with two car attached
garages. Site plan consideration of the buildings was oriented to have motor courts between
the buildings to decrease the amount of impervious surface and to disguise the overhead
doors. It will not be a concern to resolve the 50% masonry requirement or the four sided
architectural elements. Parking requirements will be adjusted accordingly which determination
has been made as to having the larger buildings as condos or rentals.
Mr. Dan Basse spoke to the Commission that the family was concerned with having more
green space and offering heated underground parking and elevators. These amenities would
not be economically possible without a three story building.
Mayor Damaske stated that he could not support the three story units, two story would be max.
This decision is from concerns he has heard in the past from residents. He would like to see if
the existing historical home could be incorporated into the design development. Commissioner
Michalski agrees that two story buildings would be more suitable in the area. He likes the plan
and the amount of variation. Alderman Buckmaster will reserve judgment on the three story
building until hearing from the Fire Department. Commissioner Schaumberg would like to hear
comments from a Public Hearing regarding the three story building, however likes the proposed
green space and open space. Upon a roll call vote, Resolution #P.C. 097-2006 was
ADOPTED with a 4-1 vote. Mayor Damaske voting No.
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. 061-2006 – Approval of a Certified Survey Map for the Village at Muskego
Lakes Partnership property located in the NE ¼ of Section 26 (Tax Key Nos. 2261.979.001/
Groveway Lane).
DOCKET #P.C. 062-2006 – Recommendation to Common Council to rezone land from
RCE/OPD Country Estate with a Planned Development Overlay District and A Agricultural
District to RSE Suburban Estate District and A Agricultural District for the Village at Muskego
lakes Partnership property located in the NE ¼ of Section 26 (Tax Key No. 2261.979.001/
Groveway Lane).
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Plan Commission Minutes, continued
July 18, 2006
DOCKET #P.C. 069-2006 – Approval of an amended Building, Site, and Operation Plan and
Conditional Use Grant for mini storage at the R.D. Meyer and Associates, Inc. property
located in the NE ¼ of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners
Drive).
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).
DOCKET #P.C. 091-2006 – Recommendation to Common Council for various 2010
Comprehensive Plan Map Amendments.
DOCKET #P.C. 092-2006 – Recommendation to Common Council for various 2010
Comprehensive Plan Map Amendments.
DOCKET #P.C. 095-2006 –Approval of a Preliminary Plat for the Golf View Estates
Subdivision located in the SW ¼ of Section 24 (Tax Key Nos. 2255.979 and 2255.998 / Ryan
Road).
MISCELLANEOUS BUSINESS
Review the rest of the New Zoning Code/Map. Associate Planner Trzebiatowski reviewed a
memo from Plan Director Muenkel addressing Sections 17 through 24 of the Zoning Code. He
noted that an updated Zoning Map was included in the Commissioner’s packets and that in the
near future this item will be brought forward for approval.
Discuss Plan Commission vacancy. Associate Planner Trzebiatowski announced that Dave
Simpson has accepted another position and is no longer with the City of Muskego and will not
be serving on the Plan Commission. The question has been raised whether to have a City
Engineer on the Commission. Since there is no State requirement to have an engineer on the
Commission, should this position be replaced with a citizen. It was suggested to have someone
in the real estate field for historic preservation concerns; or have an engineering consultant
brought in when there are specific engineering questions that may need to be addressed.
Suggestions from the Commissioners were: it is up to the Aldermen to decide who will serve on
the Commission. The real estate professional was not strongly favored. The consulting
engineer would be an unneeded expense. Perhaps a nonvoting city engineer could attend
meetings to answer questions. Have the Mayor appoint a citizen. Mayor thanked the
Commissioners for their input.
Alderman Buckmaster stated for the record that Dave Simpson should be congratulated on his
contributions to this Commission. His counsel and review were very much appreciated. Dave
acted diligently and his service and conduct should be noted.
ADJOURNMENT
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Plan Commission Minutes, continued
July 18, 2006
Commissioner Michalski made a motion to adjourn at 8:42 p.m. Commissioner Schaumberg
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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