PCM20060307
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
7:00 PM Tuesday March 7, 2006
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Damaske called the meeting to order at 7:02 p.m.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Damaske, Alderman Buckmaster, Commissioners Hulbert, Schaumberg, Simpson,
Michalski, Plan Director Muenkel and Recording Secretary Asti.
ABSENT
Commissioner Stinebaugh.
Recording Secretary Asti noted that the meeting was properly noticed on March 2, 2006 in
accordance with the Open Meeting Law.
MINUTES
Commissioner Schaumberg made a motion to approve the minutes of February 21, 2006.
Commissioner Hulbert seconded. Upon a voice vote, motion to approve the minutes was
adopted unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 003-2006 – Recommendation to Common Council to rezone land from
RS-2 Suburban Residence District to RS-3/OPD Suburban Residence District with a Planned
Development Overlay District for the future Belle Chasse Subdivision located in the SE ¼ and
SW ¼ of Section 11 (Tax Key Nos. 2203.990, 2203.990.001, & 2204.996 / Durham Drive).
This item was on the floor and deferred. Petitioner submitted a revised conceptual plan
proposing RS-2/OPD zoning without reduced setbacks/offsets as requested at the previous
Plan Commission meeting. The new plan proposes single family parcels with a minimum of
18,000 square feet with the average size lot being 19,066 square feet. The 2010
Comprehensive Plan depicts this area for medium density residential development homes and
the plan meets the units per acre requirement. The new layout shows more uniform lot layouts
and preserves the majority of the forests and environmental lands.
Mr. Bill Carity addressed the Commission stating that the new design shows some
improvements with larger lots and observing all setbacks, no frontage on McShane or Mystic,
Dorothy Drive does not extend through new subdivision. In the future he may ask for flexibility
on setbacks for some of the corner lots. In discussions with the Department of Natural
Resources, the two lots on Durham may not be developable. Mr. Carity will meet with the DNR
to do walkthrough on the wetlands. Alderman Buckmaster questioned the slim tree line on lots
59, 60, 61 and 62. Mr. Carity stated that these are some of the issues that will be addressed
with the Conservation Commission. Mr. Carity is confident that he will be required to do a tree
survey and plans to work with the Conservation Commission to preserve the trees.
Commissioner Simpson made a motion to amend the resolution as presented. Alderman
Buckmaster seconded. Upon a voice vote, Resolution #P.C. 003-2006 was AMENDED
unanimously. Upon a roll call vote, Amended Resolution #P.C. 003-2006 was ADOPTED
unanimously.
Plan Commission Minutes, continued
March 7, 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 item was on the floor and deferred. Alderman Buckmaster made a
motion to defer. Commissioner Schaumberg seconded. Upon a voice vote, Resolution #P.C.
014-2006 was DEFERRED unanimously.
CONSENT BUSINESS
RESOLUTION #P.C. 046-2006 – Approval of a mother-in-law unit for the Huckstorf property
located in the SW ¼ of Section 34 (Tax Key No. 2295.995.003 / Loomis Drive). Commissioner
Simpson made a motion to approve. Commissioner Hulbert seconded. Upon a roll call vote,
Resolution #P.C. 046-2006 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 030-2006 – Approval of wall signs for Olson’s Outdoor Power
Equipment at a property located in the NE ¼ of Section 2 (Tax Key No. 2165.998.005 / S63
W14323 College Avenue). This resolution was read by title only. Alderman Buckmaster made
a motion to approve. Commissioner Hulbert seconded. Petitioner proposing three new wall
signs. There is an existing projecting wall sign on the front of the building and petitioner is
proposing to add a wall sign below this projecting sign. Due to remote location, staff does not
have an issue with proposal. Commissioner Hulbert questioned whether the size of the
projecting sign and proposed wall sign are over the limit allowed by code. Director Muenkel
stated that the code does not distinguish between a wall sign and a projecting sign.
Technically, they can both be allowed. Both signs meet code requirements. Commissioner
Hulbert would like the petitioner to choose one of the signs and not be allowed to have both the
projecting and wall sign. Is this a loop hole in our code? If businesses have projecting signage
and wall additional signage all they have to do is add wall signs Commissioner Michalski is in
agreement with Commissioner Hulbert. Mayor Damaske feels that the due to the remote
location, petitioner should be allowed the signage. He feels that the City should be more
consumer friendly to businesses. He is in support of this proposal. Upon a roll call vote,
Resolution #P.C. 030-2006 was ADOPTED with a 4-2 vote. Commissioners Hulbert and
Michalski voting No.
RESOLUTION #P.C. 023-2006 – Recommendation to Common Council to rezone land from
SW Shoreland-Wetland District and A Agricultural District to RS-2 Suburban Residence District
for Clear Water Estates (f.k.a. Lakeview Estates) located in the NW ¼ & NE ¼ of Section 21
(Tax Key No. 2241.999 / Racine Avenue & Woods Road). Commissioner Schaumberg made a
motion to approve. Commissioner Michalski seconded. Petitioner is requesting rezoning from
A Agricultural and SW Shoreland Wetland to RS-2 Suburban Residence District. Due to
comments received from the Public Hearing and Alderman, Staff researched the request for
rezoning. It was found that the zoning for this property was listed wrong in the City maps. The
discrepancy seems to have occurred when the City converted paper mapping to computer
mapping in the 1990s. Old paper maps were converting into Engineering CAD drawings.
Those CAD files were then converted to GIS computer mapping files in 2000. The Shoreland
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March 7, 2006
wetland area was misinterpreted during the conversion process. Overall, the parcel should be
zoned EA
Exclusive Agriculture with small portions of A Agriculture and SW Shoreland Wetland. The
Shoreland Wetland lines on the maps are from the Department of Natural Resources Wetland
Inventory Digital Maps. Due to new rezoning lines, a new Public Hearing will take place on
March 28, 2006. The new proposal would go from EA Exclusive Agriculture with small portions
of A Agriculture and SW Shoreland Wetland to RS-2 Suburban Residence. There is RS-1
Zoning to the north, RS-3/OPD Zoning to the northwest and A Zoning to the south of the parcel.
The proposal would not require an amendment to the 2010 Comprehensive Plan as the plan
currently has the entire area reserved for medium density single family residential uses
consistent with the RS-3 or RS-2 zoning districts. Director Muenkel stated that he was in
receipt of a letter from the Department of Natural Resources stating that they are okay with the
rezoning to allow development on the parcel, however, they did recommend that the areas
where they concurred with the wetland delineations should be zoned Shoreland Wetland to
ensure future protection of the areas.
Mr. Tony Alesci, developer, addressed the Commission stating that the conceptual and
preliminary plans showing delineated wetlands have been approved by the Department of
Natural Resources per their letter of March 1, 2006 as being accurate. The delineated
wetlands are all on outlots. None of the other wetlands will be disturbed. The portion of land
that is being farmed is the only portion that will be developed. The RS-2 rezoning request is
consistent with the 2010 Comprehensive Plan. Their proposal shows that the average lot sizes
are 27,338 square feet which exceeds the RS-2 zoning and is closer to the RS-1 zoning. The
layout has been revised to show connectivity throughout the subdivision.
Mr. Dave Meyer, Wetland and Waterway Consulting, commented that he flagged the wetlands
on this property last October. He conducted a joint site visit two weeks ago with the
Department of Natural Resources to get approval for the wetlands. The wetlands consist of low
to moderate quality. There will be no impact to the wetlands except for the request made by
the City for a road crossing so internal roads are consistent and have connectivity. There will
be one place where the road will cross. On the site visit, Mr. Meyer pointed out to the
Department of Natural Resources the general location and recognized that this was a lower
quality wetland area. It seemed to him that the Department of Natural Resources did not have
a concern with this area.
Alderman Buckmaster asked for privilege of the floor to allow Alderman Eric Schroeder to
speak. Alderman Schroeder stated that he sent out a series of emails to the Plan Commission
with information he received from his constituents with their issues and concerns. He
questioned the letter from the Department of Natural Resources determining that the Shoreland
Wetland Zoning should be amended. He asked staff when the area was originally rezoned to
Shoreland Wetland, did the Department of Natural Resources or City make the zoning change?
Plan Director Muenkel answered that the City contracted with SEWRPC to make a
recommendation and the City adopted based on that consulting. We based our Shoreland
Wetlands boundary on the Department of Natural Resources Wisconsin Wetlands Inventory
Mapping. At that time, the DNR concurred with our Zoning Ordinance text and what our
mapping was as it was based on their maps. Alderman Schroeder’s concern is that in 1986
the recommendation for zoning was probably made by Plan Commission or Common Council
and today we are basing the rezoning on DNR recommendation not from Common Council or
Plan Commission approval or recommendation. It is his understanding that Comp Plans are a
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March 7, 2006
guide. Comp Plans get amended to the benefit and disadvantage of the developer typically
based on constituent involvement and what the constituents say to their Aldermen, Plan
Commissioners, Common
Council and Mayor. Alderman Schroeder does not believe that a Comp Plan is a steadfast hard
rule. He feels that a Comp Plan can never be looked at as a rule, it should be looked at, as an
adjustable guide. Other concerns that were expressed to him from his constituents are: (1)
confusion on the inaccuracy of zoning; (2) lot sizes; (3) traffic; (4) future developments
existing to the south; (5) wildlife and nature preservation; (6) increase in children population;
(7) grading, drainage, stormwater issues; and (8) rural atmosphere. Alderman Schroeder
would like to see this development have lots with 30,000 square feet consistent with RS-1
Zoning. His constituents want RSE or RCE Zoning. He has not been told by his constituents
that RS-1 Zoning will be acceptable.
Alderman Buckmaster feels that in this case, going from EA to RS-2 regarding the
Comprehensive Plan, he is not sure what zoning would fit in this area. At a Committee of the
Whole meeting last year, it was discussed that the area south of this development would be
looking at RSE Zoning. He feels there is a need for a Committee of the Whole or Common
Council review of the 2010 Comprehensive Plan for this area. There is sufficient evidence that
at the last six public hearings, that our Comprehensive Plan in this area might not be valid since
it has been five years when it was approved. He would like to defer this item until a review of
the Comprehensive Plan, more specifically this area, be reviewed and a recommendation giving
direction if the plan will be amended or not. The Comprehensive Plan itself is fine, however this
area needs to be looked at. Commissioner Michalski seconded. Upon a roll call vote,
Resolution #P.C. 023-2006 was DEFERRED with a 5-1 vote. Commissioner Simpson voting
No.
RESOLUTION #P.C. 024-2006 – Recommendation to Common Council to rezone land from
B-2 Local Service Center District to RS-2 Suburban Residence District for Richard Knudsen II
located in the NE ¼ of Section 5 (Tax Key No. 2177.933.001 / W192 S6647 Hillendale Drive).
Commissioner Schaumberg made a motion to approve. Commissioner Hulbert seconded.
Petitioner requesting a rezoning from B-2 Local Service Center District to RS-2 Suburban
Residence District to allow for a future residential land division by Certified Survey Map. A
sketch Certified Survey Map has been submitted showing two parcels that meet the RS-2
zoning requirements. A Public Hearing was held on February 28, 2006 before the Common
Council and there were no negative comments. The Plan Department received a positive letter
This rezoning would require an amendment to the Comprehensive 2010 Plan as this area is
depicted for commercial use. Staff feels this area is more suited for residential. Upon a roll call
vote, Resolution #P.C. 024-2006 was ADOPTED unanimously.
RESOLUTION #P.C. 025-2006 – Recommendation to Common Council to rezone land from
R-2 Country Home District to RSE Suburban Estate District and Approval of a two lot Certified
Survey Map for the McIntyre property located in the SW ¼ of Section 24 (Tax Key No.
2255.994.006 / S91 W13851 Boxhorn Drive). Commissioner Hulbert made a motion to
approve. Commissioner Schaumberg seconded. Petitioner proposing to divide one parcel by
Certified Survey Map to create two residential parcels. Petitioner also proposing rezoning for
Lot 2 of the newly created Certified Survey Map from R-2 Country Home District to RSE
Suburban Estate District due to sewer availability. The Certified Survey Map shows two
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Plan Commission Minutes, continued
March 7, 2006
parcels, Lot 1 meets the existing R-2 zoning requirements and Lot 2 meets the RSE zoning
requirements. A Public Hearing was held on February 28, 20067 before the Common Council.
A neighbor to the west spoke against the rezoning stating that they were worried about setback
concerns off of the road and also worried about protection wildlife. The landowner spoke in
favor of the rezoning. Technical review is still pending. Upon a roll call vote, Resolution #P.C.
025-2006 was ADOPTED unanimously.
RESOLUTION #P.C. 029-2006 – 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). Commissioner Simpson made a motion to
approve. Commissioner Hulbert seconded. Petitioner is proposing a 12,000 square foot
addition off the
front of the existing building. Petitioner wishes to expand their existing building to facilitate the
relocation of their warehouse area and expand their office area. The proposal shifts the front of
the building and the parking towards the road. Petitioner proposing to add one overhead door
at grade and relocate one overhead door at grade. Add one new recessed truck dock.
Relocate two service doors and add one new service door. Relocate twenty employee parking
stalls and add landscape islands to the parking area. Expand a 50’ x 240’ addition fifty feet
closer to the front property line. Building materials will match existing structure. The dock
towards eastern portion of addition will be moved fifty feet closer to the front property line.
Resolution is written that the maximum total truck length utilizing the dock is sixty feet in length
to ensure no truck is hanging into the right-of-way while loading or unloading. Upon doing a
site inspection Staff found five unscreened dumpster containers in front of the building. Code
requirements state all dumpsters must be in an enclosed area. There was a large amount of
pallets and racking along the west side of site. No outside storage is allowed. All items must
be removed from site or relocated within the building. Mr. Jeff Halbach, petitioner’s
representative, stated that he is willing to work with staff to address all concerns.
Commissioner Michalski questioned the safety issue of cars going into the dock area especially
in winter conditions. He would like to see a railing placed around the dock area. Mr. Halbach
agreed. Commissioner Michalski made a motion to amend the resolution to add, BE IT
FURTHER RESOLVED, That a railing will be placed around the dock area. Commissioner
Hulbert seconded. Upon a voice vote, Resolution #P.C. 029-2006 was AMENDED
unanimously. Upon a roll call vote, Amended Resolution #P.C. 029-2006 was ADOPTED
unanimously.
RESOLUTION #P.C. 045-2006 – Recommendation to Common Council to remove the OLR
zoning district from certain parcels. Alderman Buckmaster made a motion to approve.
Commissioner Hulbert seconded. At the February 21, 2006 Plan Commission meeting Staff
was requested to research the OLR zoning district. Staff found that a total of 24 parcels have
the OLR zoning district. Of the 24 parcels, 8 are using the guidelines of the ordinance either
directly or indirectly. By directly, staff means that parcels have an approved Building Site and
Operation or Conditional Use Grant based on permitted uses. By indirectly, staff means parcel
has a legal non-conforming use based on if is allowed by either Building Site and operation or
Conditional Use Grant. The parcel is legal non-conforming due to use being in place prior to
the implementation of the zoning code. The remaining 16 parcels are mainly used for single
family uses and have no past approvals allowing uses within the OLR district. Staff is
recommending that the OLR be removed from these 16 parcels. Regarding ordinance
language, “Permitted uses by Conditional Use Grant: Multifamily uses of an existing structure,”
Staff found that no parcels ever received approval to convert an existing structure into multi-
family. Council adopted the ordinance in 1985 due to a petitioner requested to convert his
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March 7, 2006
structure to multi-family. The conversion was never made and the Conditional Use Grant was
never received. At that time the Planning Commission recommended to Common Council not
to approve the new language, but Council did approve the language. Staff recommends
removing the language as it is not utilized by any parcels in the City. Upon a roll call vote,
Resolution #P.C. 045-2006 was ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
DOCKET #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).
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. 011-2006 –Approval of a Preliminary Plat for Belle Chasse Subdivision
located in the SE ¼ and SW ¼ of Section 11 (Tax Key Nos. 2203.990, 2203.990.001, &
2204.996 / Durham Drive).
DOCKET #P.C. 031-2005 – Renewal of a Conditional Use Grant for the purpose of
continued mining and processing of sand and gravel, and the extension of use of an asphalt
plant for Payne & Dolan in the NE ¼ and SE ¼ of Section 13. (Crowbar Road).
DOCKET #P.C. 032-2006 - Approval of an annual review for Goodwill Industries at the
property located at S75 W17301 Janesville Road (Tax Key No. 2196.032).
DOCKET #P.C. 033-2006 - 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).
DOCKET #P.C. 034-2006 - 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).
DOCKET #P.C. 035-2006 - 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).
DOCKET #P.C. 036-2006 Approval to renew permit for dog kennel for Paws Inn at the
property located at S92 W19918 Henneberry Drive (Tax Key No. 2239.999).
DOCKET #P.C. 037-2006 - Approval of an Annual Review for the George Alex properties
located in the NE ¼ and SE ¼ of Section 25 (Tax Key Nos. 2257.984 & 2257.973.001 / S98
W12712 Loomis Drive, S98 W12686 Loomis Drive, S98 W12575 Loomis Court, W125
S9904-12 North Cape Road).
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Plan Commission Minutes, continued
March 7, 2006
DOCKET #P.C. 038-2006 – Approval of an Annual Review for the Durham Hill Auto property
located in the NE ¼ Of Section 25 (S98 W12578 Loomis Drive / Tax Key No. 2257.982.002).
DOCKET #P.C. 039–2006 – Approval of an Annual Review for Muskego Auto Sales, located
in the SW ¼ of Section 9 (Tax Key No. 2196.989 / W179 S7714-16 Pioneer Drive).
DOCKET #P.C. 040–2006 – Approval of an Annual Review for Jetzfuel, located in the SW ¼
of Section 2 (Tax Key No. 2167.995.011 / Janesville Road).
DOCKET #P.C. 041–2006 – Approval of an Annual Review for Bushy’s Pub and Grill located
in the SW ¼ of Section 2 (Tax Key No. 2167.997 / S67 W14831 Janesville Road).
DOCKET #P.C. 042–2006 – Approval of an Annual Review for the Rusdahl property located
in the NW ¼ of Section 13 (Tax Key No. 2210.989.001 / W135 S8266 Durham Drive).
DOCKET #P.C. 043–2006 – Approval of an Annual Review for the Sobczak property located
in the SE ¼ of Section 9 (Tax Key No. 2196.983 / W180 S7808 Pioneer Drive).
DOCKET #P.C. 044–2006 – Approval of an Annual Review for the Goff/Guziewicz property
located in the SW ¼ of Section 24 (Tax Key No. 2255.978 / Ryan Road).
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 8:20 p.m. Commissioner Michalski
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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