PCM20101102
CITY OF MUSKEGO
PLAN COMMISSION MINUTES approved
6:00 PM Tuesday November 2, 2010
Muskego City Hall, 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, Commissioners Hulbert, Noah, Burke, Stinebaugh and Jacques and Director
Muenkel and Recording Secretary McMullen.
ABSENT
Ald. Borgman
Recording Secretary McMullen noted that the meeting was properly noticed on October 29,
2010 in accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE OCTOBER 6, 2010 MEETING Commissioner
Stinebaugh made a motion to approve the minutes of the October 6, 2010 meeting.
Commissioner Burke seconded. Upon a voice vote, motion to approve the minutes was
ADOPTED unanimously.
PUBLIC HEARING for a Conditional Use Permit in accordance with the City of Muskego Zoning
Ordinance for Mike and Deb Reher for the purpose of a bed and breakfast located in the SW ¼
of Section 33 (Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive). Director
Muenkel explained the petitioners are requesting a Conditional Use Grant and Building, Site
and Operation Plan approval for a bed and breakfast on their existing property. The Bed and
Breakfast ordinance is new and this is the first type of Conditional Use Grant that has been
requested in Muskego. The proposed Bed and Breakfast will consist of one 600 square foot
unit with a bed, nightstand, sofa, and dining room table. The bathroom includes a double sink,
whilpool tub, shower and toilet. Parking is provided on site on a gravel driveway/parking area
near the unit. The structure is setup as a residential unit and there are limited alterations that
are needed. There is existing landscaping around the building. The Bed and Breakfast will
need State and/or County licenses, which will need to be on file before the Conditional Use
Grant is signed and recorded. Mayor Johnson opened the public hearing for questions or
comments. With no questions or comments, Mayor Johnson closed the public hearing at 6:08
PM.
OLD BUSINESS FOR CONSIDERATION
None.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS
RESOLUTION #P.C. 077-2010 – Approval of a Two Lot Certified Survey Map for the Rozeski
property located in the SW ¼ of Section 21 (Tax Key No. 2243.997.001/ W186 S9159 Racine
Avenue). Commissioner Burke made a motion to ADOPT Resolution #P.C. 077-2010.
Commissioner Stinebaugh seconded. Upon a roll call vote, Resolution #P.C. 077-2010 was
ADOPTED unanimously.
Plan Commission Minutes, continued
November 2, 2010
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 075-2010 - Recommendation to Common Council to rezone a property
from M-3 (Landfill & Extractive) to M-2 (General Industrial District), a 2020 Comprehensive Plan
Amendment from Landfill & Extractive to Industrial, and Approval of a One Lot Certified Survey
Map for the Wauer property located in the SE ¼ of Section 18 (Tax Key No. 2229.989 /
Janesville Road). Commissioner Burke made a motion to ADOPT Resolution #P.C. 075-2010.
Commissioner Stinebaugh seconded. Director Muenkel explained the petitioner is requesting a
rezoning from M-3 Landfill and Extractive District to M-2 General Industrial District for an auto
repair shop. This would also require a 2020 Comprehensive Plan amendment to industrial
uses. A certified survey map is proposed to break off the parcel being rezoned. The owner of
the BP gas station and auto repair shop is being relocated due to the Janesville Road
construction. They would like to move the repair shop to the new location. The future use will
be for the car repair shop only, the gas station is not proposed. This property has been used
for miscellaneous outdoor storage and was not used for landfill activities. A letter is on file from
the DNR verifying the site is clean. Public utility hook-up is required. The CSM meets the bulk
requirements of the Code and Building, Site, and Operation Plan approval would still be needed
by Plan Commission. Staff recommends approval based on the use being less intense than the
existing use and this will allow the opportunity for a business to stay in Muskego as a result of
the Janesville Road reconstruction. Commissioner Hulbert expressed concern that the
driveway access would interfere with the recreational trail along Janesville Road. Upon a roll
call vote, Resolution #P.C. 075-2010 was ADOPTED unanimously.
RESOLUTION #P.C. 076-2010 –Approval of a Conditional Use Grant and Building, Site, and
Operation Plan for the purpose of a new Bed and Breakfast for Mike and Deb Reher located in
the SW ¼ of Section 33 (Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive).
Commissioner Burke made a motion to ADOPT Resolution #P.C. 076-2010. Commissioner
Stinebaugh seconded. Commissioner Noah stated he drove by the property and the bed and
breakfast unit is a ways away from the road and the neighbors. Commissioner Hulbert
questioned if the property were sold would the new owner be allowed to operate the bed and
breakfast. Director Muenkel stated they would as long as they did not change the way the
business was operated. Commissioner Hulbert suggested adding an annual review for the first
year. Director Muenkel explained the owners are required to keep a log book with the guest’s
name, address, dates of visit and license plate numbers. This log book could also be
requested by the City for inspection. Commissioner Hulbert made a motion AMED Resolution
#P.C. 076-2010 to include: BE IT FURTHER RESOLVED, That an annual review will be
required for the first year and this is to take place in March 2012. Commissioner Burke
seconded. Upon a roll call vote, Resolution #P.C. 076-2010 was AMENDED unanimously.
Upon a roll call vote, AMENDED Resolution #P.C. 076-2010 was ADOPTED unanimously.
RESOLUTION #P.C. 078-2010 – Approval of an Amended Building, Site and Operation Plan
for Bush Gardens located in the SW ¼ of Section 2 (Tax Key No. 2167.998.002 / S68 W14891
Janesville Road). Commissioner Burke made a motion to ADOPT Resolution #P.C. 078-2010.
Commissioner Stinebaugh seconded. Director Muenkel explained Building, Site, and Operation
Plan approval was given in 2008, but no construction was started. At this time, changes are
being requested to the building elevations and the parking lot. The changes requested to the
building are unsubstantial with the colors and materials mostly staying the same. The changes
are:
North Elevation – originally showed that a portion of the building along the east side
was to be removed and this portion of the façade will now remain, but the siding will be
replaced with hardi-plank material.
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Plan Commission Minutes, continued
November 2, 2010
East Elevation – A large portion was to be removed but will now remain and converted
to a partial outdoor enclosure with materials matching the rest of the structure.
South Elevation – Eliminate two of the four windows on each side of the door and
remove the beams under the main doorway.
West Elevation – moving two windows under the deck from the middle out to the ends.
The site plan modifications are to reconfigure the existing parking lot instead of fully recreating
the parking lot. A shared parking lot user agreement between the Muskego Norway School
District and Bushy’s was recently approved. The agreement states that Bushy’s may use the
Tess Corners Elementary School for events at Bush Gardens. The agreement also states that
events will not be scheduled at the same time. With the parking at the school and Bushy’s Pub
and Grill there is a total of 197 parking stalls. The Zoning Code requires 148 parking stalls for
Bush Gardens and Bushy’s Pub and Grill. Appropriate parking is found on the site as long as
the agreement with MNSD is in place. The Resolution states that if the agreement ends Bush
Gardens will be required to begin construction for the additional parking stalls, as needed per
the Zoning Code, within 6 months.
Director Muenkel added that all conditions of the previous approval will still be in place including
the requirement for a new landscape plan.
Mayor Johnson expressed concern with the mechanism the City would have to enforce the
additional parking space requirement if the agreement between Bushy’s and the school district
were to end. Mayor Johnson suggested a developer’s agreement between Bushy’s and the
City be recorded with the register of deeds. Ms. Kurer questioned if they would have to revert
back to the original parking lot plans. Director Muenkel clarified they would only be required to
install the amount of parking stalls required by the Zoning Code (currently 34). Commissioner
Hulbert made a motion to AMEND Resolution #P.C. 078-2010 to include, BE IT FURTHER
RESOLVED, That a developer’s agreement between Bushy’s and the City of Muskego be
recorded to establish that the landowner is responsible for constructing the additional
needed parking stalls should the shared parking agreement go away with the Muskego
Norway School District. Commissioner Jacques seconded. Upon a roll call vote, Resolution
#P.C. 078-2010 was AMENDED unanimously. Upon a roll call vote, AMENDED Resolution
#P.C. 078-2010 was ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
DOCKET #P.C. 071-2010 – Recommendation to Common Council to rezone a property from
RM-1 (Multi Family Residence) and RS-2 (Suburban Residence) to a Planned Development
for the Willow Glen Development and approval of a Building, Site, and Operation Plan located
in the SW ¼ of Section 16 (Tax Key No. 2223.998.004, 2223.998.005, 2223.998.006 / W182
S8450 Racine Avenue).
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 6:55 PM. Commissioner Noah seconded.
Upon a voice vote, motion carried. With no further business to come before the Commission,
the meeting was adjourned.
Respectfully submitted,
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Plan Commission Minutes, continued
November 2, 2010
Kellie McMullen
Recording Secretary
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