PCM20100504
CITY OF MUSKEGO
PLAN COMMISSION MINUTES approved
6:00 PM Tuesday May 4, 2010
Muskego High School, Old Cafeteria, W183 S8750 Racine Avenue
Mayor Johnson called the meeting to order at 7:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Johnson, Ald. Borgman, Commissioners Burke, Stinebaugh, and Noah and Director
Muenkel and Recording Secretary McMullen.
ABSENT
Commissioners Hulbert and Jacques
Recording Secretary McMullen noted that the meeting was properly noticed on April 27, 2010 in
accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE APRIL 6, 2010 MEETING Commissioner Stinebaugh
made a motion to approve the minutes of the April 6, 2010 meeting. Commissioner Burke
seconded. Upon a voice vote, motion to approve the minutes was ADOPTED unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 033-2010 – 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). Director Muenkel explained this item was
deferred last month because of concerns raised relating to landscaping/fencing. New details
have been submitted that include the addition of a 4-foot high steel contemporary fence, two
speakers, steel or wood furniture and no bar. Mr. Diamantopoulos was present and stated that
he will be installing a black steel decorative fence with landscaping around it. The fence will be
from wall to wall with the only access through the building. Mr. Diamantopoulos added that
there will be tables and chairs on the patio for people to eat outside. Commissioner Stinebaugh
made a motion to AMEND Resolution #P.C. 033-2010 as presented and to add: BE IT
FURTHER RESOLVED, That landscaping will be installed at the same time as the patio
and fence, and a plan must be approved by the Community Development Department.
Commissioner Burke seconded. Upon a roll call vote, Resolution #P.C. 033-2010 was
AMENDED unanimously. Upon a roll call vote, Amended Resolution #P.C. 033-2010 was
ADOPTED unanimously.
RESOLUTION #P.C. 037-2010 – Approval of the selected firm for the design, fabrication, and
installation of the Racine Avenue Gateway Sign. Director Muenkel explained at the last
meeting Plan Commission deferred this issue to re-issue the RFP so the sign design and
fabrication matched the Moorland Road Sign. Badger Lighting and Signs was the low bid for
$12,569.26. Staff had discussions with a representative of Badger Signs and found that the
quoted price is for the exact design, fabrication, and construction to match the Moorland Road
sign. Staff recommends approval. Ald. Borgman made a motion to AMEND Resolution #P.C.
037-2010 as presented. Commissioner Noah seconded. Upon a roll call vote, Resolution
#P.C. 037-2010 was AMENDED unanimously. Upon a roll call vote, Amended Resolution #P.C.
037-2010 was ADOPTED unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
Plan Commission Minutes, continued
May 4, 2010
CONSENT BUSINESS
Ald. Borgman made a motion to ADOPT Resolutions #P.C. 038-2010 and Resolution #P.C.
044-2010 engross. Commissioner Noah seconded. Upon a roll call vote, the motion passed
unanimously.
RESOLUTION #P.C. 038-2010 – Approval of a Two Lot Certified Survey Map for the Starla
property located in the SE 1/4 of Section 17 (Tax Key No. 2228.999.007 / W188 S8393
Mercury Drive). Resolution #P.C. 038-2010 was ADOPTED unanimously.
RESOLUTION #P.C. 044-2010 – Approval of a Four Lot Certified Survey Map for the Borst
property located in the NW 1/4 of Section 8 (Tax Key No. 2190.996 / Field Drive). Resolution
#P.C. 044-2010 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 041-2010 - Recommendation to Common Council to rezone the Drefahl
property from RS-3 (Suburban Residence District) to DR-1 (Downtown Revival District) located
in the SW ¼ of Section 9 (Tax Key No. 2195.058 / S77 W18512 Janesville Road).
Commissioner Stinebaugh made a motion to ADOPT Resolution #041-2010. Commissioner
Burke seconded. Director Muenkel explained the petitioner is requesting a rezoning from RS-3
Suburban Residence District to DR-1 Downtown Revival District to allow for the continued use
of an existing business. The DR-1 District allows parcels of 7,200 square feet in area and 60
feet in width, which the parcel conforms to. The current use on the RS-3 property of single
family residential is a legal use. The petitioners also operate a limited office use business out
of the property. The DR-1 district conforms to the commercial business uses found in the 2020
Comp Plan and a rezoning will allow the expanded use of the office business. The DR-1 district
will also allow other future commercial uses, with Plan Commission approvals. A public hearing
is scheduled for May 11, 2010. Staff recommends approval. Upon a roll call vote, Resolution
#P.C. 041-2010 is ADOPTED unanimously.
RESOLUTION #P.C. 042-2010 – Approval of a Building, Site, and Operation Plan for the
sale of fireworks for Tim Ristow at the EJ Salentine property located in the NE ¼ of Section 2
(Tax Key No. 2165.973 / S66 W14444 Janesville Road). Commissioner Stinebaugh made a
motion to ADOPT Resolution #P.C. 042-2010. Commissioner Noah seconded. Director
thth
Muenkel explained firework sales are proposed from June 12 through July 9 from 8am to
9pm. The landlord has submitted a letter indicating permission for this operation. A transient
merchant license is required from the Clerk’s Office. Temporary signage will be installed on the
tent in the form of three 3’ x 10’ banners, and a storage container is proposed on the site.
Upon a roll call vote, Resolution #P.C. 042-2010 is ADOPTED unanimously.
RESOLUTION #P.C. 043-2010 – Approval of an Amended Building, Site, and Operation Plan
for Mug-Z Pub and Grille located in the SE ¼ of Section 5 (Tax Key No. 2180.971 / W194
S7060 Hillendale Drive). Ald. Borgman made a motion to ADOPT Resolution #P.C. 043-2010.
Commissioner Stinebaugh seconded. Director Muenkel explained the proposal is for the
construction of a wood deck off the east side of the building. The area will be used to
accommodate patrons who smoke while having a drink. The owner will need to have their
liquor license amended to include this area as part of their premise before the deck can be
used. The resolution also includes the requirement of an annual review that will expire one
year after the deck/outdoor area use has started. The resolution also requires that the missing
PAGE 2
Plan Commission Minutes, continued
May 4, 2010
doors to the dumpster enclosure be reinstalled before the deck can be used. Staff
recommends approval.
Ald. Borgman explained he visited the neighboring properties and had concerns with the lack of
screening to the neighbors to the east. There is a fence in the back of the parking lot, but it has
pieces missing. Ald. Borgman suggested replacing the existing fence with a privacy fence to
shield the neighbor’s yard and block additional noise from the deck. Commissioner Noah
suggested, due to the 6-foot difference in elevation, that a screening panel be placed around
the deck itself. Mayor Johnson explained he didn’t have any problems with allowing the
smoking outside, but he does have concerns with allowing drinking on the deck, which would
keep people outside longer. The neighbors to the east were present and they stated they are
not concerned with smoking being allowed outside, however, they are concerned with cars
parking in areas they shouldn’t be parking in. The petitioner’s stated they are willing to put up a
fence from Wetland Drive to north corner and a screening panel around the deck. The
petitioners stated the only access to the deck will be from inside the building. Commissioner
Burke made a motion to AMEND Resolution #P.C. 043-2010 to add, BE IT FURTHER
RESOLVED, That a board on board type residential fencing be installed along the whole
eastern perimeter of the parking lot and 6-foot panels be installed around the deck.
Commissioner Noah seconded. Upon a roll call, Resolution #P.C. 043-2010 was AMENDED
unanimously. Upon a roll call vote, Amended Resolution #P.C. 043-2010 was ADOPTED
unanimously.
NEW BUSINESS PLACED ON FILE
Docket #P.C. 045-2010 - Recommendation to Common Council to rezone the Thiele property
from RS-1 (Suburban Residence District) to B-4 (Highway Business District) located in the
SW ¼ of Section 17 (Tax Key No. 2227.991.002 / S83 W20342 Janesville Road).
Docket #P.C. 046-2010 - Recommendation to Common Council to rezone the Oman property
from RSE (Suburban Estate District) to RC-3 (Country Residence District) located in the NW
¼ of Section 3 (Tax Key No. 2170.999 / S63 W16495 College Avenue).
MISCELLANEOUS BUSINESS
1. Bed & Breakfast Ordinance – Director Muenkel explained that under the current
ordinance a bed and breakfast would have to following the same zoning as a hotel,
which is a commercial district. Since a bed and breakfast could be located in the middle
of an agricultural district, a commercial zoning would not make sense. Director Muenkel
suggested rewriting the ordinance to make changes that would possibly include a
conditional use grant. Commissioner Noah suggested looking at communities similar to
Muskego like Delafield. Ald. Schaumberg explained she contacted the bed and
breakfast in Hales Corners and they only needed to register the business with the
County and pay the hotel tax. Ald. Borgman suggested that if there are 5 or less rooms
they would not be required to pay the hotel tax.
2. Lakefront Planning – Director Muenkel stated the Public Information Meeting will follow
Plan Commission at 7:00 PM.
ADJOURNMENT
Commissioner Burke made a motion to adjourn at 6:44 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,
PAGE 3
Plan Commission Minutes, continued
May 4, 2010
Kellie McMullen
Recording Secretary
PAGE 4