PCM20080506
CITY OF MUSKEGO
PLAN COMMISSION MINUTES approved
6:00 PM Tuesday May 6, 2008
Muskego City Hall, Muskego Room, W182 S8200 Racine Avenue
Mayor Johnson called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Johnson, Ald. Fiedler and Commissioners Noah, Hulbert, Burke, Stinebaugh, Jacques,
Plan Director Muenkel and Recording Secretary Renk.
ABSENT
None.
Recording Secretary Renk noted that the meeting was properly noticed on April 30, 2008 in
accordance with the Open Meeting Law.
MINUTES
Commissioner Jacques made a motion to approve the minutes of April 1, 2008 and April 7,
2008 meetings. Commissioner Noah seconded. Upon a roll call vote, motion to approve the
minutes was ADOPTED unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 035-2008 – Approval of Building, Site, and Operation Plan for Well #13
located in the NW ¼ of Section 11 (Tax Key No. 2202.156) within the Quietwood East II
Subdivision. Director Muenkel explained this item has been deferred to send back to Public
Utilities Committee. Ald. Pavelko, chairman of Public Utilities, and Scott Kloskowski, Utilities
Superintendent, were present to discuss the well house. Superintendent Kloskowski stated
there was an agreement made with the developer, that was not part of the subdivider’s
agreement, that the well house would be conforming to the neighborhood. The size of the
structure cannot be changed to accommodate the equipment inside and because everything
inside the building will be wet, block must be used instead of wood. Superintendent Kloskowski
explained brick could be removed and replaced with hardy plank siding and some windows
could be removed for a savings of $20,000, but the cost to re-do the plans would use up half
the savings. Superintendent Kloskowski further explained the lots for the well sites are donated
and if the well house did not fit the neighborhood, developers would not continue to donate the
lots to the City. Upon a roll call vote, Resolution #P.C. 035-2008 was ADOPTED 6-1 with
Commissioner Hulbert voting no.
OLD BUSINESS SCHEDULED FOR DEFERRAL
Ald. Fiedler made a motion to defer Resolution #P.C. 018-2008, #P.C. 019-2008 engross.
Commissioner Burke seconded. Upon a roll call vote, the motion passed unanimously.
RESOLUTION #P.C. 018-2008 – Approval of an Annual Review for G & G Specialized Carriers
LLC located in the NE ¼ of Section 17 (Tax Key No. 2225.999.019 / Apollo Drive). Upon a
voice vote, Resolution #P.C. 018-2008 was DEFERRED unanimously.
RESOLUTION #P.C. 019-2008– Approval of an Annual Review for self storage units for
Burback Builders LLC located in the Muskego Industrial Park in the NW ¼ of Section 16 (Tax
Plan Commission Minutes, continued
May 6, 2008
Key No. 2221.016.001 / W185 S8095 Racine Avenue). Upon a voice vote, Resolution #P.C.
019-2008 was DEFERRED unanimously.
CONSENT BUSINESS
Ald. Fiedler requested to remove Resolution #P.C. 050-2008 from the consent agenda due to a
possible conflict of interest.
RESOLUTION #P.C. 048-2008 – Approval of an Accessory Structure for John Bourdo
located in the NE ¼ of Section 32 (Tax Key No. 2285.993 / W195 S10360 Racine Avenue).
Commissioner Jacques made a motion to ADOPT Resolution #P.C. 048-2008. Ald. Fiedler
seconded. Upon a roll call vote, Resolution #P.C. 048-2008 was ADOPTED unanimously.
RESOLUTION #P.C. 050-2008 – Approval of an Annual Review for the sale of fireworks for
Lynn Sorce at the Sentry property located in the SE ¼ of Section 8 (Tax Key No. 2192.973 /
W189 S7847 Racine Avenue). Commissioner Burke made a motion to ADOPT Resolution
#P.C. 050-2008. Commission Stinebaugh seconded. Upon a roll call vote, Resolution #P.C.
050-2008 was ADOPTED 6-0-1 with Ald. Fiedler abstaining.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 037-2008 - Recommendation to Common Council for a 2010
Comprehensive Plan Map Amendment from Rural Density Residential to Medium Density
Residential located in the NW ¼ of Section 8 (Tax Key No. 2190.994.027 / Hillendale Drive).
Commissioner Stinebaugh made a motion to ADOPT Resolution #037-2008. Ald. Fiedler
seconded. Director Muenkel explained the petitioner is proposing a 2010 Comprehensive Plan
Amendment from rural density residential to medium density residential for a possible future
land division. Reasons the petitioner states for requesting this amendment are; to be
compatible with the present zoning of RS-2, to be compatible with the surrounding area zoning
of RS-2, to be in more conformity with the surrounding land uses in which sewers are planned,
and the property is in the sewer district and was rezoned as part of the citywide rezoning in
2007 to RS-2. A public hearing was held on April 22, 2008 and three individuals spoke against
the proposal with these concerns; against any future development of the parcel, worried about
how future added fill and grading would affect the bordering parcel, and was previously
misinformed by Mr. Knudsen that only one to two future lots would be found here.
The conceptual plat shows six lots from .61 acres to 1.41 acres, all are well above the RS-2
minimum lots size requirement of .45 acres. Staff is recommending approval based on a
unique situation. The City has been attempting to make zoning and the Comp Plan consistent
where possible. Staff is recommending amending the Comprehensive Plan to low density
residential because the concept plan meets the low-density requirement. Mr. Knudsen has
submitted a letter agreeing to this amendment. Any future land divisions would have to go to
Common Council, Plan Commission and possibly Conservation Commission for approvals.
Discussion took place on the difference in grade to the neighboring properties. Director
Muenkel agreed the area has been filled in and a grading plan will have to show there will be no
affects to the neighboring lands.
Ald. Schaefer explained this property is not in her district, but she is a member of the 2020
Comprehensive Plan Committee. As discussed in the meetings, the sewer district should not
determine the density. Commissioner Stinebaugh stated when there is a conflict between
zoning and the 2010 Comprehensive Plan; the Comprehensive Plan should come first. Ald.
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Plan Commission Minutes, continued
May 6, 2008
Fiedler feels that Council would also honor the 2010 Plan. Upon a roll call vote Resolution
#P.C. was DENIED unanimously.
RESOLUTION #P.C. 038-2008 - Recommendation to Common Council to amend Chapter 18
of the Municipal Code relating to dedication fees. Commissioner Stinebaugh made a motion to
ADOPT Resolution #P.C. 038-2008. Commissioner Hulbert seconded. Director Muenkel
explained in the past the City had dedication fees where a developer had to pay fees per lot
and per acre developed to go toward parks and conservation. State Legislature took these
fees away about a year and half ago and is now re-approving the use of these fees. A public
hearing was held on April 22, 2008 and no one spoke for or against. Plan Commission will be
acting on the Ordinance language and Council will approve the fee amounts. Upon a roll call
vote, Resolution #P.C. 038-2008 was ADOPTED 7-0.
RESOLUTION #P.C. 045-2008 – Approval of a Building, Site, and Operation Plan for Wal-
Mart located in the NE ¼ of Section 3 (Part of Tax Key No. 2169.999.001 / Moorland Road).
Mayor Johnson explained to the audience that this is not a public hearing. The only people
who will be allowed to speak will be the Wal-Mart representatives, Aldermen and Staff. Mayor
Johnson further explained that the roll of the Plan Commission is to look at architecture and site
layout. The Plan Commission can also decide if a public hearing should be held. Commissioner
Stinebaugh made a motion to ADOPT Resolution #P.C. 045-2008. Ald. Fiedler seconded.
Mr. Bill Carity representing the development group for the east side of Moorland Road spoke.
Mr. Carity explained he is developing the west side of Moorland Road for Ace Industrial and
GE. The proposed CSM will extend the Commerce Center Parkway at a signalized intersection.
This site will be on the east side of Moorland Road midpoint between College Avenue and
Kohls. The CSM divides a 90-acre parcel into sub parcels. This development will be known as
Muskego Commerce Center East. Parcel one is 60 acres to the north and east of Commerce
Center Drive and is zoned B-3, BP-1, RS-1, CI-1. The area of lot one east of lot four is
currently zoned residential and the wooded area in the CI-1 zoning will be preserved. Parcel
two is on the west side of Moorland Road and is zoned BP-3 and is adjacent to Muskego
Commerce Center and will likely be added to the Muskego Commerce Center. This site is
mostly wetlands and woods and the intent is to preserve the woods and wetlands. Parcel three
is almost entirely dedicated to stormwater management. Ponds have been designed to store all
the stormwater from the entire site. Parcel four is south of Commerce Center Parkway and is
approximately 16 acres in size and is the site of the Wal-Mart development. Mr. Carity
requested the Plan Commission act separately on the CSM, if possible. Mr. Carity stated the
intersection of Commerce Center Parkway will be a signalized controlled intersection with a
pedestrian crossing and connecting to the bike path. Director Muenkel explained the plan is for
a trail on the west side of Moorland with a crosswalk on the north side of the intersection
leading to a trail along the entire Commerce Center Parkway. Mr. Carity stated cross access
easements will be added for parking and access points. The intent of lot one is not to create a
strip mall center to but to have individuals businesses for commercial or retail.
Debbie Tomczyk, Attorney representing Wal-Mart, spoke. Attorney Tomczyk stated the plans
are consistent with the 2010 Plan and the TID 10 Project Plan. The parcel has been
conditionally rezoned to the B-3 general business district. A strip mall is not planned for this
area. The issue up for discussion is the Building, Site and Operation Plan, specifically the
architecture, site layout and lighting. The Wal-Mart store will employ 300 employees and is
proposing to operate 24 hours a day. Wal-Mart will comply with all City and County ordinances.
The architecture projections being above 30 feet is in conflict with the code, but Plan
Commission has the ability to approve. The parking proposed of 707 parking stalls is under the
required amount, which Plan Commission also has the ability to approve. Attorney Tomczyk
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Plan Commission Minutes, continued
May 6, 2008
added they will continue to work with staff to address issues such as building architecture,
lighting and the cart corrals.
Kerry Harden, RA Smith National, discussed the site layout for the Wal-Mart site. The site is on
the east side of Moorland Road south of Commerce Center Parkway. The area east of the
Wal-Mart site is residential and is in between the existing Glenbrook Subdivision. There will be
750-feet from the back of the Wal-Mart property line to the subdivision. There will be three
access points to the Wal-Mart site; a right in/right out on Moorland Road and two access points
off Commerce Center Parkway. Commerce Center Parkway will stop at the end of the Wal-
Mart parcel. To the north is a 2000 sq ft seasonal garden center that will be screened. This is
subject to a yearly permit by the City. Cart corrals are located in the parking lot and for safety
reasons are proposed as see-though corrals. There are tree lines in back of the Glenbrook
Subdivision and in the back of Wal-Mart that will remain. Extensive landscaping is planned for
the site including, shade trees, ornamental trees, evergreens, shrubs and perennials. The
developer will be planting street trees at the time the road is constructed. Lighting will be used
on the building with decorative sconces on the front of the building. Also, per the City code the
base of the light poles will be no greater than 6”, which has been updated on the plans.
Richard Hayes, Architect with PB2 Architecture and Engineering, spoke to some of the
architectural features of the Wal-Mart. Mr. Hayes explained Wal-Mart is implementing a new
corporate branding with a new slogan and specialized building designs. The building will be
152,000 square feet with a general merchandise area, grocery area and garden center. There
will be will be an entrance for each area. Outdoor signs will be Wal-Mart Supercenter, Market
and Pharmacy, Outdoor Living, and Home Living. On the far right hand side of the building is a
drive thru pharmacy. Canopies are located on the front of the building and extend into a
landscaped plaza area with tress, shrubs, flowers and benches. Architectural lighting fixtures
will be at the main entrance and the underside of the canopies have up lights. The entrance is
about 30 feet in height and made of full clear glass and will also be lit up at night with a glow.
Up lighting is also included inside the plaza area. The left side of the building will have added
features such as windows, canopies, resin panels and different colors and textures. Mr. Hayes
also discussed a few of the sustainable features of the building that include; white roof,
skylights with daylight harvesting systems, low mercury fluorescent lights, heat recovery
system, and motion censored refrigerator and freezer cases. Tennant spaces will be used for a
pharmacy, vision center and food services.
Don Lee, Traffic Analysis and Design, completed the traffic studies for the Wal-Mart and GE
facilities. Waukesha County approved the traffic studies earlier this year. The traffic study
shows the existing traffic patterns today and also the traffic patterns generated by the
developments. The majority of the traffic will use Janesville Road to the east and west and
Moorland Road to the north. Traffic patterns on Moorland Road, Janesville Road and College
Avenue are expected to be under the road capacity after the road improvements and with the
proposed developments.
Commissioner Stinebaugh stated he liked how the front of the store looked but expressed
concern with the rear elevation especially being in view of lot one. Mr. Hayes explained a 12-
foot masonry wall will screen the truck docks so they will not be visible from the rear. Mr. Hayes
stated a combination of split face block, resin panels and paint colors will be used to address
the rear elevation. The tree line at the east elevation will remain.
Director Muenkel explained the Building, Site and Operation Plan and CSM meets the B-3
zoning. The main height of the building is 30 feet, which is allowed by code. The height in
some areas is over 30 feet, but the code allows for architectural differences. The floor area
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Plan Commission Minutes, continued
May 6, 2008
ratios allow up to 60% of the parcel to be structure and the plans show only 21.9% being
occupied by the structure. The proposal meets the City’s Comprehensive Plan for Business
Park uses. The parking access lanes and fire lanes meet all requirements. The amount of
parking stalls is less than what the code dictates for a retail store, but Plan Commission
discretion is allowed for larger buildings. The Code requires over 1000 stalls but 707 are
shown, which appears to be more than adequate. The Conservation Coordinator has reviewed
the landscape plans and found them to be exceptional with a few changes. Plantings are found
along the perimeter of the property and throughout landscaped islands in the parking lot. Site
lighting meets the City codes with an updated plan showing 6” bollards on the pole lights, but
detail sheets on wall lights are still needed. Director Muenkel expressed concern with the pole
lights that they may not fit with the design of the building. Staff has been working with the
developers to make this Wal-Mart unlike any other Wal-Mart, but there are still concerns with
the level of detail on the structure. Staff recommendations include; distributing the detail on the
front façade throughout the building, breaking up the main horizontal roofline throughout the
structure by raising the entryway or pilaster elements, incorporating more horizontal bonds or
material/colors around the whole structure, adding more detail to the pilasters, increasing
architectural material elements to further screen the outdoor living area, and increasing the
architectural material elements on the end cap of the south end of the west elevation. Staff
feels this should eventually be approved as it meets the land uses for the area and the TID #10
project plan. Deferral is recommended at this time to clear up architecture issues and review
new plans prior to approval. Director Muenkel noted he agrees with the proposed cart corral for
safety issues.
Commissioner Hulbert expressed concern with the noise level from the HVAC system. Mr.
Hayes explained the compressors are located on the south side of the building and enclosed
with masonry walls higher than the compressors. Commissioner Hulbert questioned if
deliveries will be 24 hours a day. Attorney Tomczyk stated Wal-Mart controls the deliveries and
trucks will normally come in the AM hours. Commissioner Hulbert stated there should be
parameters set up for deliveries before approval.
Ald. Fiedler stated the roofline could be broken up more and raised 5-10 feet. Discussion took
place over the rear elevation. Commissioners were concerned with lighting and noise on the
east/backside of the building. The current tree line is bare and could use additional trees that
will be significant in height within 1-2 years. This could help eliminate light and sound. Ms.
Harden explained the lighting will be down lighting and they will make sure the lights are below
the wall. Ms. Harden will also look into adding more trees along the existing tree line and
possibly in the retaining wall. Ald. Fiedler also requested additional coverage over the truck
docks by adding an awning and also to look into the design of the pole lights. Commissioner
Stinebaugh stated he would like to see the new plans once they are updated with additional
trees.
Commissioner Hulbert questioned if the refrigerator trailers will be shut off while at the truck
docks. Commissioners questioned the frequency of use and noise level of the trash
compactors. Attorney Tomczyk stated they would have to look into these questions and get
back to the Plan Commission.
Commissioner Noah stated this is a good design but there is room for improvement and gave
an example of Sendiks in Franklin as a model for future developments. The façade has a
sense of depths and the use of stack stone gives it a more upscale styling. Commissioner
Noah suggested replacing the resin panels on either side of the sign with a stack stone.
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Plan Commission Minutes, continued
May 6, 2008
Attorney Tomczyk stated Wal-Mart owns the building and does not lease. A supercenter has
never closed and there are no plans to close the Wal-Mart in New Berlin at this time.
Ald. Pavelko stated he has received feedback from about 100 households throughout his
district and 90% are against the development. Concerns are stormwater management and run-
off, access to the Glenbrook subdivision, lighting, parking, screening to the east, trash
compactors working at night, and additional evergreens especially along the east.
Attorney Tomczyk explained the trash compactors will be run during normal business hours and
at this time there is no reason to add access to the Glenbrook subdivision. Director Muenkel
stated the stormwater ponds will hold the water and will manage the stormwater more efficiently
than how it is managed now.
Ald. Schaefer requested a type of informational meeting be held to give the citizens a chance to
speak on the issue. It was the consensus of the Commission that the issue be deferred to hold
a public hearing. Ald. Snead requested a citywide mailing of the public hearing notice instead
of the required 300 feet. Commissioner Hulbert made a motion to defer to allow for a public
hearing with a citywide public hearing notification. Commission Fiedler seconded. Upon a roll
call vote, Resolution #P.C. 045-2008 was DEFERRED unanimously.
RESOLUTION #P.C. 047-2008 – Approval of a Two Lot Certified Survey Map for the James
Strieter property located in the SW 1/4 of Section 34 (Tax Key No. 2295.999.005 / W165
S10941 Loomis Drive). Commissioner Stinebaugh made a motion to ADOPT Resolution #047-
2008. Ald. Fielder seconded. Director Muenkel explained this is a two-lot land division and
meets the A-1 zoning district. The lots range from 3 acres to 8.25 acres and meet the 2010
Comprehensive Plan requirements. The lots will access off of Loomis Drive. Upon a roll call
vote, Resolution #P.C. 047-2008 was ADOPTED unanimously.
RESOLUTION #P.C. 049-2008 – Approval of an Amended Building, Site, and Operation Plan
for the Muskego Gateway Entertainment Complex located in the SE ¼ of Section 5 (Tax Key
No. 2180.994.001 / S67 W19491 Tans Drive). Commissioner Stinebaugh made a motion to
ADOPT Resolution #P.C. 049-2008. Commissioner Noah seconded. Ald. Borgman requested
the neon strip on three sides of the building not be approved. Doesn’t feel this is appropriate in
this area of the City.
Director Muenkel explained the petitioner is requesting to install a beer garden off of the south
side of the building along with some door changes and the addition of some neon accent
lighting. The door changes requested are to the beer garden on the south façade and the
doors on the west façade that are currently steel doors, and the owner is requesting commercial
full glass doors. The beer garden is proposed to be a 30x50 foot patio which will be either
concrete, stamped concrete or a deck. A four-foot high brick wall or fence will surround the
west and south sides. The north side will be bordered with shrubs and the east side will remain
open. A portable bar is also proposed in the patio are. Finance Committee approved the
service of food and liquor until 2 AM on Sunday through Thursday and until 2:30 AM on Friday
and Saturday. The Finance Committee also approved the use of four speakers in the patio
area, mounted and pointing downward and inward towards the patio. The hours approved are
until 11 PM Sunday through Thursday and midnight on Friday and Saturday. Any problems
with the use of music could be brought back to Finance or Plan Commission.
Commissioner Hulbert agreed with Ald. Borgman and doesn’t feel the neon lights should be
allowed. Commissioner Hulbert also expressed concern with the hours of music and suggested
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Plan Commission Minutes, continued
May 6, 2008
requiring a conditional use and reviewed yearly. It was the consensus of the Committee to
require a review for one year to automatically expire if there are no issues.
Ald. Borgman explained in the past the owners were not able to add on to the building because
of water service issues. Director Muenkel didn’t feel a patio or deck would add square footage
to a building. Commissioner Hulbert stated a deck does not add square footage to a home and
shouldn’t in this case either. Commissioner Hulbert made a motion to AMEND Resolution #P.C.
049-2008 to not allow the neon lighting and to add a one year review with an expiration if there
are no issues. Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C.
049-2008 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution #P.C. was
ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
DOCKET #P.C. 097-2007 – Approval of a Two Lot Certified Survey Map for the Jeffrey
Jasicki property located in the NW 1/4 of Section 12 (Tax Key No. 2206.998.017 / Sherwood
Circle).
DOCKET #P.C. 043-2008 – Approval of a Two Lot Certified Survey Map for the Peters Trust
property located in the SW 1/4 of Section 32 (Tax Key No. 2287.998.009 / W198 S11020
Racine Avenue).
DOCKET #P.C. 046-2008 – Recommendation to Common Council to rezone a property from
I-1 (Government, Institutional, & Public Service District) to HC-1 (Historic Crossroads District)
for a future development located in the SW ¼ of Section 2 (Tax Key No. 2167.998 / S68
W14891 Janesville Road).
MISCELLANEOUS BUSINESS
Director Muenkel explained with the upgrades to Moorland Road area a new gateway sign has
been budgeted in the TIF. An RFP has been prepared for proposals and companies are
encouraged to think outside the box. The top submittals will be brought back to Plan
Commission for approvals. Commissioners directed staff to move forward with the RFP
process.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 9:08 PM. Commissioner Stinebaugh seconded.
Upon a voice vote, motion carried. With no further business to come before the Commission, the
meeting was adjourned.
Respectfully submitted,
Kellie Renk,
Recording Secretary
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