PCm20120306
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
6:00 PM Tuesday March 6, 2012
Muskego City Hall, W182 S8200 Racine Avenue
Mayor Chiaverotti called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Kathy Chiaverotti, Ald. Borgman, Commissioners Hulbert, Noah, Burke, Stinebaugh and
Jacques and Director Muenkel and Recording Secretary McMullen.
Recording Secretary McMullen noted that the meeting was properly noticed on February 29,
2012 in accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2011 MEETING Ald. Borgman made a
motion to approve the minutes of the December 6, 2011 meeting. Commissioner Jacques
seconded. Upon a roll call vote, motion to approve the minutes was ADOPTED unanimously
PUBLIC HEARING for a renewal of a Conditional Use in accordance with Section 14 of the City
of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and
processing of sand and gravel, and the extension of use of an asphalt plant at the NW corner
of Crowbar Road and Janesville Road, in the NE ¼ and SE ¼ of Section 13 (Tax Key 2230.996
/ W217 S8425 Crowbar Road). Director Muenkel explained an annual review with a public
hearing is required for continued mining and processing of sand and gravel and the use of an
asphalt plant located on Crowbar Road and Janesville Road. A site inspection revealed the site
to be well maintained, paved, erosion control is in place, and no materials are being tracked off
site. The equipment on site is well maintained also. Payne and Dolan does have a schedule
for night time operations and trucking. Letters will be sent out to the affected residents. No
complaints were received this past year.
Clint Weninger, representative of Payne and Dolan, was present and explained they will be
running night operations this year for the I-43 project. Residents will be notified and trucks must
follow the approved routes. Mr. Weninger added there will be no jake-breaking in the City.
With no further comments or questions, Mayor Chiaverotti closed the public hearing at 6:05 PM.
PUBLIC HEARING for a Conditional Use in accordance with Section 14 of the City of Muskego
Zoning Ordinance for Midwest Auto Doctors for the purpose of an auto sales and service/repair
facility on Gemini Drive, in the NW ¼ of Section 16. Director Muenkel explained the petitioner
is requesting approval for a Conditional Use Grant and Building, Site, and Operation Plan
amendment for auto sales at the existing business. The business is located on Gemini Drive in
a multi-tenant building. The petitioner is requesting to sell up to five (5) vehicles and they will all
be indoor per the proposal. No complaints have been received for the existing auto repair
business.
Dave Iglewski, owner of Midwest Auto Doctor, was present and explained he currently runs an
auto repair shop and would like to add a small auto sales business to it. Mr. Iglewski added he
will keep the business clean and neat. With no further questions or comments Mayor
Chiaverotti closed the public hearing at 6:07 PM.
OLD BUSINESS FOR CONSIDERATION
Plan Commission Agenda, continued
March 6, 2012
RESOLUTION #P.C. 048-2011 – Approval of a Building, Site, and Operation Plan
Amendment for the Kohls property located in the SW ¼ of Section 2 (Tax Key 2167.995.008 /
S68 W15388 Janesville Road). Mayor Chiaverotti explained Kohls has requested this item be
tabled at this time. Kohl’s is re-evaluating the remodeling plans for the Muskego store. They
may bring this request back before the end of the year.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS Commissioner Jacques made a motion to approve Resolutions #P.C. 001,
002, 007, 008, 009, 010, 011, 012, 013, 014, 015, 016, 017, 019, 020, 022-2012 engross. Ald.
Borgman seconded. Upon a voice vote, the motion passed unanimously.
RESOLUTION #P.C. 001-2012 – Approval for the sale of fireworks for Vince and Heather
Siegel at the Jetz Fuel property located in the SW ¼ of Section 2 (Tax Key No. 2167.995.011 /
S69 W15461 Janesville Road). Resolution #P.C. 001-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 002-2012 – Approval for the sale of fireworks for Vince and Heather
Siegel at the Piggly Wiggly property located in the NE ¼ of Section 8 (Tax Key No. 2192.973 /
W189 S7847 Racine Ave). Resolution #P.C. 002-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 007-2012 – Approval of an Annual Review for the George Alex property
located in the NE ¼ and SE ¼ of Section 25 (Tax Key No. 2257.984 / Loomis Drive). Resolution
#P.C. 007-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 008-2012 – Approval of an Annual Review for George Alex / Robert
Jacob property located in the NE ¼ of Section 25 (Tax Key No. 2257.973.001 / S98 W12575
Loomis Court & W125 S9912 North Cape Road). Resolution #P.C. 008-2012 was ADOPTED
unanimously.
RESOLUTION #P.C. 009-2012 – 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). Resolution #P.C. 009-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 010-2012 – Approval of an Annual Review for Frey Auto located in the
NE ¼ & SE ¼ of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 &
2293.996.002). Resolution #P.C. 010-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 011-2012 – 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). Resolution #P.C. 011-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 012-2012 – Approval to renew permit for Stan A. Zdanczewicz at the
property located at W182 S9292 Parker Drive (Tax Key No. 2243.988). Resolution #P.C. 012-
2012 was ADOPTED unanimously.
RESOLUTION #P.C. 013-2012 – Approval of truck parking for Jack and Marvin Strasser at
the property located at S76 W17871 Janesville Road (Tax Key No. 2196.975 & 2196973 /
Johnny’s Petroleum). Resolution #P.C. 013-2012 was ADOPTED unanimously.
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Plan Commission Agenda, continued
March 6, 2012
RESOLUTION #P.C. 014-2012 – Approval to renew permit for dog kennel for Paws Inn at the
property located at S92 W19918 Henneberry Drive (Tax Key No. 2239.999). Resolution #P.C.
014-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 015-2012 – Approval of an Annual Review for the RD Meyer Mini
Storage property located in the NE ¼ of Section 2 (Tax Key No. 2165.998.012 / W145 S6550
Tess Corners Drive). Resolution #P.C. 015-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 016-2012 – Approval of an Annual Review for A.W. Greenhouse located
in the SW ¼ of Section 16 (Tax Key No. 2223.994.015 / S83 W18787 Saturn Drive).
Resolution #P.C. 016-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 017-2012 – Approval of an Annual Review for the Bed and Breakfast on
the Reher property located in the SW ¼ of Section 33 (Tax Key No. 2291.998.001 / W187
S10740 Muskego Dam Drive). Resolution #P.C. 017-2012 was ADOPTED unanimously.
RESOLUTION #P.C.019-2012 – Approval of a metal Accessory Structure on the Randal
Hoernke property located in the SE ¼ of Section 30 (Tax Key No. 2280.999.008 / S102
W20840 Kelsey Drive). Resolution #P.C. 019-2012 was ADOPTED unanimously.
RESOLUTION #P.C.020-2012 – Approval of a Business, Site, and Operation Plan
Amendment for a Master Sign Plan for the Shops at Janesville Commons property located in
the NW ¼ of Section 10 (Tax Key No. 2199.999.063 / S74 W16825 Janesville Road).
Resolution #P.C. 020-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 022-2012 – Approval for the sale of fireworks for Timothy Delimat at the
Pick N Save property located in the SW ¼ of Section 10 (Tax Key No. 2199.999.065 / S74
W17005 Janesville Road). Resolution #P.C. 022-2012 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 051-2011 – Approval of a Preliminary Plat for the Crystal Cove
Subdivision located in the SE ¼ of Section 32 (Tax Key No.’s 2287.999.004 & 2288.996.003 /
Crystal Drive). Commissioner Burke made a motion to ADOPT Resolution 051-2011.
Commissioner Stinebaugh seconded. Director Muenkel explained the petitioner is requesting
approval for a preliminary plat for the Crystal Cove Subdivision. The proposal includes 12
single family lots and 3 outlots off Crystal Drive. The area is zoned RS-2 Suburban Residence
District, which allows parcels of 40,000 square feet and 220 feet in minimum average width.
There is a 3 acre parcel on the far southern portion of this development that is zoned EA. This
area may be rezoned to RS-2 also and would need to be completed before the final plat is
recorded. The 2020 Comprehensive Plan shows this area as Rural Density Residential, which
requires lots to be no smaller than 88,989 square feet. The proposal meets the requirement.
Five of the lots to the north are larger lots up to 13 acres in size and the lots by the lake are 2-2
½ acres. A preliminary grading and roadway plan has been submitted to the engineering
department. The final grading plan will need to pay special attention to how the runoff will be
maintained to the east and southeast. Curb and gutter are required for this development unless
the requirement is waved by the Public Works Committee. Staff recommends approval.
Harold DeBack, owner of the property, explained he has farmed the land for the past 62 years,
and it is time to move on.
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Plan Commission Agenda, continued
March 6, 2012
Bill Carity, developer, explained since the last time they came to Plan Commission for
conceptual review they have been busy with the property. Mr. DeBack has purchased 3 acres
to connect to Crystal Drive. The wetlands have been delineated, soil borings were completed
to determine septic system locations, and geotechnical engineering has been done to study the
ground water. There are 5 lots off the lake that range in size from 8-13 acres, and 7 lots on the
lake at 2 acres or greater in size. Lots 9 and 10 on the lake are not able to have septic
systems. They have met with the County for approval for two off site septic locations in an
outlot. The systems will be separate with long laterals running from the house to the septic
system. A grading plan has been created taking into consideration storm water management
and ground water. There will be no wet ponds, but will include rain gardens and dry ponds.
Commissioner Noah questioned how the two septic systems in the outlot will be maintained.
Mr. Carity explained lots 9 and 10 will have an undividable 50% ownership of outlot 1. One
mound system will be dedicated to each lot. The systems will be completely separate. There
will be an agreement for easements and language to require the property owners of lots 9 and
10 to maintain the outlot.
Commissioner Stinebaugh stated he likes this plat and feels it fits the area.
Tony LaLicata, S110 W19506 Muskego Dam Drive, requested under public comment to speak.
Mr. LaLicata explained he lives on the same side of the lake, and he has reviewed and
approves of the plan.
Mayor Chiaverotti noted that she did not see the first plans but this plan looks wonderful.
Commissioner Noah questioned if there were any comments or concerns that came in to staff
regarding this submittal. Director Muenkel stated there were not. Director Muenkel added that
in the past one of the concerns from residents in this area was water run-off. Upon a roll call
vote, Resolution #P.C. 051-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 003-2012 – Recommendation to Common Council to rezone a property
from A-1 – Agricultural District to RC-1 – Country Residence District for the Schaumberg
property located in the NE, SE, & SW ¼ of Section 21 (Tax Key 2241.997 / W181 S9102
Parker Drive). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C.003-2012.
Commissioner Burke seconded. Director Muenkel explained Richard and Neome Schaumberg
are requesting a rezoning for their property along Parker Drive from A-1 Agricultural District to
RC-1 Country Residence District for a possible future land division. The proposed zoning is
already found on some adjacent properties. The 2020 Comprehensive Plan identifies this
property as Rural Density Residential and any lots would need to be at least 88,898 square feet
in size or greater. CSM approval would still be needed for a future land division. Director
Muenkel noted a public hearing was held and no one spoke. Upon a roll call vote, Resolution
#P.C. 003-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 004-2012 - Recommendation to Common Council to amend the Chapter
17 Zoning Code and Zoning Map of the City of Muskego relating to the EA Exclusive
Agricultural District text and district mapping. Commissioner Stinebaugh made a motion to
ADOPT Resolution #P.C. 004-2012. Commissioner Jacques seconded. Director Muenkel
explained since May 24, 2011 he has been discussing this issue with Council. The EA zoning
district was put in place in the 1980s to allow property owners to get State of WI agricultural
preservation tax credits. The state is changing the way the Preservation Tax Credits are being
handled. (The State also removed the EA zoning conversion fee that charged a per acre fee
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Plan Commission Agenda, continued
March 6, 2012
when changing from EA zoning.) The State changed the requirements for an owner to receive
agricultural tax credits this past year. The new requirements include being locally zoned EA,
the municipality must have State certified new EA zoning text in place, and the property must
be approved in the Waukesha County Farmland Preservation plan; which has many
requirements to qualify including committing the parcels of land to farmland for at least 15 years
and having blocks of farmland of at least 1,000 contiguous acres. The options for the City are:
Leave all ordinances and zoning districts the same – Preservation tax credits would not
be allowed because the State requires new EA zoning text.
Adopt ordinance language for EA zoning parcels – Property owners would be eligible for
preservation tax credits if they could meet the County and State’s new requirements
(most properties would not be able to qualify).
Remove the existing EA zoning ordinance and change parcels to A-1 Agricultural zoning
district – farms could continue to farm their property and would allow property owners to
break off future parcels to 2.75 acres without a rezoning.
Letters were sent to the affected property owners for their opinions and to see who was taking
the preservation tax credit. A public hearing was held where a couple people spoke. One
person requested they be rezoned to A-1 and another person said they wanted the property to
remain EA because that is the way it’s always been. All other farmers that gave comments said
they wanted to go to A-1 zoning. Staff is recommending that the Resolution be amended that
Plan Commission recommends Common Council defeat Council Ordinance #1353 and
approve Ordinance #1354 and to add BE IT FURTHER RESOLVED, That the City should
look favorably on a landowners’ future zoning petition should they request to reinstate the
EA zoning if they have received approval from the State of Wisconsin and Waukesha
County as a qualifying designated agricultural preservation area. Commissioner Hulbert
made a motion to amend Resolution #P.C. 004-2012 per staff recommendation. Ald. Borgman
seconded. Upon a roll call vote, Resolution #P.C. 004-2012 was AMENDED unanimously.
Upon a roll call vote, AMENDED Resolution #P.C. 004-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 005-2012 - Recommendation to Common Council to amend Chapter 17
Zoning Code of the City of Muskego (Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05, &
16.09). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 005-2012.
Commissioner Stinebaugh seconded. Director Muenkel explained during the year staff puts
together code changes due to clarifications, state code changes, or board requests and brings
them forward all at once. Included in these changes are:
Section 4.03 – This change was requested by the CDA to require property owners who
receive grants and loans from the City to maintain their improvements in perpetuity.
This change allows staff to follow up with letters and citations.
Section 16.09(3) – This ordinance will allow more flexibility in electronic message center
displays. The change will give leeway to businesses to allow a 3 second delay instead
of 5 seconds. The signs will also be allowed to scroll but not continuously. The signs
must still follow all other sign requirements for size and location.
Upon a roll call vote, Resolution #P.C. 005-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 006-2012 - 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 (Tax Key 2230.996 / W217 S8425
Crowbar Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #P.C. 006-
2012. Commissioner Burke seconded. Upon a roll call vote, Resolution #P.C. 006-2012 was
ADOPTED unanimously.
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Plan Commission Agenda, continued
March 6, 2012
RESOLUTION #P.C. 018-2012 – Approval of a Conditional Use Grant for Midwest Auto
Doctor for auto sales at the property located in the NW ¼ of Section 16 (Tax Key No. 2221.016
/ S81 W18510 Gemini Drive). Commissioner Stinebaugh made a motion to ADOPT Resolution
#P.C. 018-2012. Commissioner Burke seconded. Commissioner Hulbert questioned what
happens if the auto sales business does well and needs to move to space outside or if a new
business comes into this space. Director Muenkel explained there would need to be an
amendment to the conditional use grant and any new business would need a business
registration permit. Upon a roll call vote, Resolution #P.C. 018-2012 was ADOPTED
unanimously.
RESOLUTION #P.C. 021-2012 – Approval for the sale of plants and flowers for Steins Just
Plants at the Kohl’s property located in the SW ¼ of Section 2 (Tax Key No. 2167.995.008 /
S68 W15388 Janesville Road). Commissioner Stinebaugh made a motion to ADOPT
Resolution #P.C. 021-2012. Commissioner Jacques seconded. Director Muenkel explained
the petitioner received approval last year and is requesting the same format for the next two
thth
years. Operations are proposed from approximately April 30 to July 6 for 2012 and 2013.
Staff did not receive any complaints last year. The business has been well run and
aesthetically pleasing. Commissioner Noah questioned if the structure and the layout would be
the same. The petitioner was present and said that it would be the same. Upon a roll call vote,
Resolution #P.C. 021-2012 was ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
None.
MISCELLANEOUS BUSINESS
Commissioner Hulbert questioned if the east wall of the Aurora building will be painted. Director
Muenkel stated it would be painted to a tan color to match the front of the building.
ADJOURNMENT
Commissioner Hulbert made a motion to adjourn at 7:15 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,
Kellie McMullen,
Recording Secretary
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