PLAN COMMISSION Packets 03072023CITY OF MUSKEGO
PLAN COMMISSION AGENDA
03/07/2023
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES
Approval of the Minutes of the February 7, 2023 meeting.
Plan Commission Minutes 02072023.pdf
PUBLIC HEARING
be C21 of
SKEGO
Public Hearing for a renewal of Conditional Use Grant 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 1/4 and SE 1/4 of Section 13 (Tax Key No. 2230.996 / W217 S8425
Crowbar Road).
PH2O210302_Payne_Dolan.pdf
CONSENT BUSINESS
RESOLUTION PC 008-2023 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
and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996.
PC 008-2023 SUPPLEMENT.pdf
PC 008-2023 MAP.pdf
PC 008-2023 RESOLUTION.pdf
PC 008-2023 SUBMITTAL.pdf
RESOLUTION PC 009-2023 Approval of an Annual Review for the Loomis Court LLC. property
located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No.
2257.973.001.
PC 009-2023 SUPPLEMENT.pdf
PC 009-2023 MAP.pdf
PC 009-2023 RESOLUTION.pdf
RESOLUTION PC 010-2023 Approval of an Annual Review for the Durham Hill Auto property
located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002.
PC 010-2023 SUPPLEMENT.pdf
PC 010-2023 MAP.pdf
PC 010-2023 RESOLUTION.pdf
RESOLUTION PC 011-2023 Approval of an Annual Review for Schaefer Snowplowing and Grading
LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998.
PC 011-2023 SUPPLEMENT.pdf
PC 011-2023 MAP.pdf
PC 011-2023 RESOLUTION.pdf
RESOLUTION PC 015-2023 Approval of a Building, Site and Operation Plan for a Mother -in -Law
Unit for Mark and Cheri Chapman located at W165 S8190 Kurtze Lane / Tax Key No.
2218.981.001.
PC 015-2023 SUPPLEMENT.pdf
PC 015-2023 MAP.pdf
PC 015-2023 RESOLUTION.pdf
PC 015-2023 SUBMITTAL.pdf
RESOLUTION PC 016-2023 Approval of a Three -Lot Certified Survey Map for Gregg Schmidt
located at S85 W17776 Woods Road / Tax Key No. 2224.995.
PC 016-2023 SUPPLEMENT.pdf
PC 016-2023 RESOLUTION.pdf
PC 016-2023 MAP.pdf
PC 016-2023 SUBMITTAL.pdf
RESOLUTION PC 017-2023 Approval of a One Lot Certified Survey Map for Bonnie Bourdo
located at S93 W21095 Henneberry Drive / Tax Key No. 2236.997.
PC 017-2023 SUPPLEMENT.pdf
PC 017-2023 MAP.pdf
PC 017-2023 RESOLUTION.pdf
PC 017-2023 SUBMITTAL.pdf
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301
Loomis Road / Tax Key No. 2293.996.002.
PC 056-2021 SUPPLEMENT.pdf
PC 056-2021 MAP.pdf
PC 056-2021 RESOLUTION.pdf
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 012-2023 Approval of an Annual Review for the Kwik Trip property located at
S63 W13510 Janesville Road / Tax Key No. 2162.999.002.
PC 012-2023 SUPPLEMENT.pdf
PC 012-2023 MAP.pdf
PC 012-2023 RESOLUTION.pdf
RESOLUTION PC 013-2023 Approval of an Annual Review for the Wisco Carts property located at
S80 W19025 Janesville Road / Tax Key No. 2225.984.
PC 013-2023 SUPPLEMENT.pdf
PC 013-2023 MAP.pdf
PC 013-2023 RESOLUTION.pdf
RESOLUTION PC 014-2023 Approval of a Preliminary Plat for Peach Lane LLC. located at S69
W14105 Tess Corners Drive / Tax Key No. 2168.962.
PC 014-2023 SUPPLEMENT.pdf
PC 014-2023 MAP.pdf
PC 014-2023 RESOLUTION.pdf
PC 014-2023 SUBMITTAL.pdf
MISCELLANEOUS BUSINESS Discussion of April Plan Commission Meeting Date due to conflict
with elections at City Hall.
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.
UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES i'vm
Cry of
E607/2023
6:0. UUSK
:00 PM
Muskego City Hall, W182 S8200 Racine AvenueIY
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:01 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf and Oliver and
Planner Trzebiatowski.
Absent: Commissioner Gazzana.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the Minutes of the December 6, 2022 meeting.
Alderman Madden made a motion to approve the December 6, 2022 minutes. Commissioner Graf seconded.
Motion to approve passed unanimously.
PUBLIC HEARING
Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance
for the purpose of allowing a dog daycare and boarding facility located at S81 W19079 Apollo
Drive / Tax Key No. 2225.999.003.
Planner Trzebiatowski provided a brief overview of the proposed dog daycare and boarding facility. There is
an existing building and a portion would be for dog daycare, boarding and grooming with a small outdoor area.
With no residents wishing to speak, Mayor Petfalski closed the public hearing.
Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance
for the purpose of allowing an expansion to a mini -storage facility located on a vacant property
east of Racine Avenue and north of Tans Drive / Tax Key No. 2177.933.002.
Planner Trzebiatowski provided a brief overview of the mini -storage facility. This is an expansion of the
existing site to the south. There was a Conditional Use Grant previously approved for mini -storage, but there
are changes to the project so a new Conditional Use Grant needed. There will be eight new buildings.
With no residents wishing to speak, Mayor Petfalski closed the public hearing.
CONSENT BUSINESS
Resolution PC 006-2023 Approval of a Building, Site and Operation Plan Amendment for
Muskego Car Wash located on a vacant lot along Commerce Center Parkway west of Moorland
Road / Tax Key No. 2169.993.014.
RESOLUTION PC 007-2023 Approval of a two -lot Certified Survey Map for Stephen
Sobieski located at S104W14949 Loomis Drive and S103 W14823 Loomis Drive / Tax Key
Nos. 2298.998.002 & 2298.978.001.
Mayor Petfalski recused himself for consent business. Alderman Madden assumed the Chairperson position.
Commissioner Graf made a motion to approve the consent business engross. Commissioner Oliver
seconded. Motion to approve passed unanimously with Mayor Petfalski abstaining.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106
W16301 Loomis Road / Tax Key No. 2293.996.002.
Planner Trzebiatowski provided an update on the clean-up of the site and this will be back for formal resolution
at the next meeting.
NEW BUSINESS FOR CONSIDERATION
Resolution PC 002-2023 Approval of a Conditional Use Grant and a Building, Site and Operation
Plan Amendment for Rachel Weiss of K9 Wonderland, LLC. located at S81 W19079 Apollo Drive /
Tax Key No. 2225.999.003.
Planner Trzebiatowski described the new use being a dog daycare and boarding facility with a maximum of
100 dogs during the day and 20 dogs for overnight stays. A Conditional Use Grant is needed for any
kenneling. There are two similar uses in the industrial park and there have not been any issues with them.
Typical hours are 6:00 AM to 6:00 PM weekdays. The facility is roughly 8,100 square feet and the interior
space will be divided into indoor play areas, boarding areas and grooming areas. There are 15 parking stalls
available with six for employees and a shuttle to pick up and drop off the dogs. An outdoor play area is
proposed with chain -link fencing, however the resolution states that the fence should be wood or vinyl.
Regarding barking the petitioner says they will rotate the dogs outside to control any nuisance. If there are
any noise issues it could come back to Plan Commission at any time.
Commissioner Graf asked the maximum capacity of the other dog facilities in the industrial park. Planner
Trzebiatowski noted that he was not sure, but not this large as one of them specializes more in training.
Commissioner Graf is OK with the idea, but the number of dogs is concerning.
Mayor Petfalski asked what the options are if there are issues. Planner Trzebiatowski said that if a complaint
is heard, staff could reach out to the petitioner to address the issue. If nothing happens to eliminate the issue
we could bring this back to Plan Commission to alter the number of dogs. Also, because this is a Conditional
Use Grant the approval is based on certain conditions, so it could be back to the Plan Commission if those
conditions are not met.
Commissioner Oliver asked the overall size of the building and a breakdown of size. Planner Trzebiatowski
said the leased area is about 8,100 square feet and the outdoor area is 24' x 20' and they will need a Zoning
Permit for the fence where we will look at the exact size to ensure the drive aisles remain open for traffic.
There are no outside kennels.
Commissioner Buckmaster made a motion to approve Resolution PC 002-2023. Alderman Madden
seconded. Motion to approve passed unanimously.
Resolution PC 003-2023 Approval of a Conditional Use Grant and Building, Site and
Operation Plan for Muskego Storage Co. located on a vacant lot along Racine Avenue / Tax
Key No. 2177.932.
Planner Trzebiatowski explained the development is an expansion of an existing facility where there was a
Conditional Use Grant from years ago. There will be 204 storage units in eight buildings in the phased
development. The plan is to combine this parcel with the parcel of the existing storage building so they would
all be one facility. Access is through the existing site. The units would be open 24 hours per day with a
keypad. The building facing Racine Avenue has the most decoration with a good portion of masonry, cupulas,
bump outs and false windows that give the buildings a sense of design. The upper portion is an LP smartside
giving it a residential feel. Not all buildings have 50% masonry, but the ends of each buildings that will be
visible will have masonry banding. There is landscaping shown throughout the site. The perimeter of the site
includes curb and gutter. The chain link fencing is being expanded to match the site next door. The chain link
fencing is not being used for screening, so this isn't a big concern. An annual review in March every year is
typical for a use like this.
Commissioner Bartlett will be abstaining
Commissioner Graf asked if there is any consideration for continuity with the existing building. Planner
Trzebiatowski said the petitioner expressed interest in doing something to give the existing buildings a facelift,
but there are no specific plans. Commissioner Graf asked if the Plan Commission can influence the facelift at
all. Planner Trzebiatowski noted that the Plan Commission could put a deadline for when they need to come
back with a proposal for the existing buildings.
Mayor Petfalski agreed with Commissioner Graf, but what if this were a nonrelated use he asked what
authority the Plan Commission could have over a neighboring use. Mayor Petfalski is just concerned with
overstepping bounds.
The petitioner explained they are building nice new buildings and they were thinking more painting and
landscaping would allow for the left side from Racine Avenue to be the focal point. Their intent is to build the
new buildings and then come back to figure out how they will improve the existing site.
Commissioner Buckmaster confirmed that the Conditional Use is specific to this site.
Commissioner Oliver asked if this is one tax key number. Planner Trzebiatowski said that right now they are
not, but looking to combine the two parcels.
Alderman Madden made a motion to approve Resolution PC 003-2023. Commissioner Graf seconded.
Motion to approve passed unanimously with Commissioner Bartlett abstaining.
Resolution PC 004-2023 Approval of a Building, Site and Operation Plan Amendment for
Jewell Homes located at W173 S7600 Westwood Drive / Tax Key No. 2196.031.
Planner Trzebiatowski provided an overview of amendment to the approval previously given to the petitioner.
The previous approval included improvements to the site and building. The original approval was to repair the
parking area. The Resolution of the previous approval states that if at any point the parking area is
reconstructed the City would require concrete curb and gutter throughout the site. Past approvals included
recommendations for concrete curb and gutter for projects being newly built, improved or renovated that are
located in, along or close to a commercial corridor for both aesthetic and functionality purposes. We became
aware that all the asphalt was removed so contact was made with the petitioner and allowed the asphalt with
the curb being needed this spring. If the Plan Commission determines curbing is not needed, staff is looking
for direction of when curbing should be suggested on future projects.
Mayor Petfalski clarified that this also includes long-term direction. One concern with curbing in this situation
is that there are many parking lots within the City now and the concern is that a curbing requirement may
impede the improvements on other lots within the City. Specific to this site, the curbing on one side is
adjacent to a hill so the curb wouldn't help with storm water runoff.
Planner Trzebiatowski added that the drawing provided to the Plan Commission illustrates where curbing
would be required. Commissioners should note that the curbing stops at the lot line and is contained to this
site.
Commissioner Buckmaster noted that when curbing is required, if one person is allowed to not include curbing
then it will follow suit to the next projects. Unless there are circumstances where the road was being repaved
and curbing put in, there are avenues that that exists. He said it doesn't look bad if the site is being kept up.
He is also wondering how this site is being kept up. Planner Trzebiatowski added that they do not have
occupancy yet and there is storage that is not allowed to be on -site. Commissioner Buckmaster agrees with
the Mayor that there are lots that need to be repaired and doesn't want to penalize anyone for wanting to
improve the site by making them add curb and gutter. For this site specifically, for their not to be curb and
gutter the BSO needs to be followed. For guidance, not sure how to word it to be equitable for future projects.
In order to support not requiring curbing on this site, the BSO must be followed.
Planner Trzebiatowski noted that we have received reports that there are two trailers on -site and there is no
outside storage allowed on this site.
The petitioner noted that the one trailer on -site is a dump trailer for dumping materials for this remodel. It was
placed there right after Christmas.
Commissioner Buckmaster said that the petitioner was in a unique situation and if there is communication that
the trailer was on -site for when neighbors call. If the petitioner wants to not meet the requirement of the curb,
then they would need to meet the BSO.
Commissioner Graf asked the use of the building. The petitioner said it was for storage and will be for storage
in the future.
Mayor Petfalski asked when the petitioner would be completed with the building. The petitioner said a May
deadline. Mayor Petfalski said the Plan Commission could defer this until September and keep an eye on the
site. Then if the petitioner meets the BSO then the Plan Commission would decide then whether to grant a
waiver.
The petitioner said they will adhere to the Resolution. He didn't come in just because it was October and he
needed to get the asphalt done.
Mayor Petfalski wished to continue discussion on direction for future projects similar to this. Planner
Trzebiatowski suggested that we can keep status quo and keep recommending curb and gutter and if a
petitioner does not want to add curb and gutter they would discuss with the Plan Commission. Commissioner
Buckmaster said that would work until further direction is provided. Mayor Petfalski and Commissioner Graf
agreed. Commissioner Graf had another idea of the usage of the site, whether it be the frequency of use or if
it is a commercial use with public in and out on an hourly basis. Commissioner Bartlett also added that if the
curbing improved stormwater conditions could be another consideration. Also, based on the photos of this
site, maintenance could be defined a few different ways, where maintenance on this lot would be removing the
parking lot and reinstalling new.
Commissioner Buckmaster noted that the petitioner knows which way the Plan Commission will go with the
decision if everything is followed.
Alderman Madden made a motion to approve Resolution PC 004-2023. Commissioner Graf seconded.
Commissioner Buckmaster made a motion to defer Resolution PC 004-2023 until September. Seconded by
Alderman Madden. Motion to defer until September passed unanimously.
Resolution PC 005-2023 Approval of a Building, Site and Operation Plan for Royal
Recognition located at S83 W 19105 Saturn Drive / Tax Key No. 2228.999.008.
Planner Trzebiatowski provided an overview of the project for Royal Recognition. The petitioner is seeking to
put a17,000 square foot addition onto the existing building for warehousing and a mezzanine for different
uses. The site is on a cul-de-sac and the existing building will cover the new addition. The addition will be
100 percent masonry with overhead and service doors. The materials will be textured block, split -face block
and standard CMU block with areas of painted block to match the existing building. Access is from the end of
Saturn Drive. There is a parking lot expansion for 34 new stalls on the perimeter. The design guide calls for
landscape islands, but in speaking with the applicant and looking at the site with no other protrusions and a
narrow site, staff was fine with removing the single landscape island. Otherwise curb and gutter is
recommended and the petitioner is good with the curb and gutter. In fact, the petitioner stated that the curb
and gutter and removing the landscape island will improve the stormwater situation as the site is very flat. The
existing refuse enclosure is chain link and will be relocated, so the resolution includes wood, vinyl or masonry
to screen the trash enclosure. All roof or ground mounted mechanicals will need to be screened and the
largest concern is from Saturn Drive and the residences towards the west.
Commissioner Graf asked which curb island. Planner Trzebiatowski noted that it is not shown, but typically
recommended for situations like this.
The petitioner noted that they will be coming back in a month or so to rework the entrance that will include
landscaping and a new entryway.
Alderman Madden made a motion to approve Resolution PC 005-2023. Commissioner Bartlett seconded.
Resolution PC 005-2023 passed unanimously. Commissioner Buckmaster made a motion to reconsider
Resolution PC 005-2023, Alderman Madden seconded. Commissioner Buckmaster made a motion to amend
Resolution PC 005-2023 to remove the landscape island. Commissioner Graf seconded. Motion to amend
Resolution PC 005-2023 was approved unanimously. Motion to approve amended Resolution PC 005-2023
passed unanimously.
MISCELLANEOUS BUSINESS
None
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn. Alderman Madden seconded. Motion to adjourn
passed unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Planner
CITY OF MUSKEGO
1 1
NOTICE OF PUBLIC HEARING
Legend
PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at
Affected Area
+
6:00 PM, or shortly there after, on Tuesday, March 1, 2022, at Muskego City Hall, W182 S8200 Racine
r
Avenue, to consider the following:
® Properties within 300 ft
Upon the petition of Payne & Dolan Company shall the following described land as addressed as W217
❑ Right
i It
S8425 Crowbar Road be granted a renewal of Conditional Use in accordance with Article XIV of Chapter
-of -Way
400 the Muskego Municipal Code for the purpose of continued mining and processing sand and gravel,
Parcels
_ r
extension of the accessory use (asphalt plant) located on the NW corner of Crowbar Road and Janesville
Road (CTH L).
Structures
A parcel of land located in the NE 1/4 and SE 1/4 of Section 13, T5N, R19E, City of Muskego,
Waukesha County, Wisconsin; and a parcel of land located in the NW 1/4 and SW 1/4 of Section
18, T5N, R20E, City of Muskego, Waukesha County, Wisconsin; and, a parcel of land located in
the SW 1/4 of the SW 1/4 of Section 7, T5N, R20E, City of Muskego, Waukesha County,
Wisconsin, as described in vol. 1010, page 297 of Deeds.
Detailed descriptions are available for public inspection at the Planning Division office. All interested
parties will be given an opportunity to be heard.
Plan Commission
City of Muskego
O
Publish in the Waukesha Freeman Newspaper on February 9, 2022 and February 16, 2022. Dated
>S
p1
this 20th day of January, 2022.
v
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLYA QUORUM OF MEMBERS OF OTHER GOVERNMENTAL
BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING AND GATHER
•
INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED
MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS
NOTICE.
NOTICE
"Please note that, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals
through appropriate aids and services. For additional information or to request this service, contact the Planning
Division at City Hall, W 182 S8200 Racine Avenue. (262) 679-4136."
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City of Muskego
Plan Commission Supplement PC 008-2023
For the meeting of. March 7, 2023
REQUEST: 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
Crowbar Road / Janesville Road
NE'/4 and SE'/ of Section 13
PETITIONER: Payne & Dolan
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 008-2023
Petitioner seeks approval of the required annual review for continued mining and processing of
sand and gravel and the extension of use of an asphalt plant.
PLAN CONSISTENCY PC 008-2023
Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and
,extractive land use. The proposal is consistent with the Plan.
The M-3, Landfill & Extractive District, allows extractive operations
Zoning: by conditional use grant. A CUG was previously approved for the
extractive operations and asphalt plant. An annual review is
required as a condition of approval.
No parks are proposed in the area. High Conservation Priority is
along Crowbar Road, specifically as a view corridor. The current
Park and Conservation extractive operations are far removed from this area. P & D has
Plan continuously improved this area of their site through restoration,
slope stabilization, and plantings. The proposal is consistent with
the Plan.
Street System Plan: the Street System Plan indicates Crowbar Road to be a 100,
ultimate right-of-way. No dedication is required at this time.
Utility Service Areas: IThe property is served by private sewer and private water.
DISCUSSION PC 008-2023
A site inspection was recently completed and revealed the site to be well maintained. The site is
paved where product is picked up. Erosion control practices appear to be followed; no materials
are tracked off site. The equipment on site appears well maintained.
Payne & Dolan does not have a schedule for 2023 night-time operations and trucking at this time.
When night operations are scheduled, past notification practices will be followed. This includes
sending letters regarding their evening operations to affected property owners, accompanied by a
phone number for complaints. They also notice the City of these operations.
There were no complaints received by the Community Development Department last year
regarding night trucking.
A Reclamation Plan was submitted and approved in 2002 as per Chapter 237 of the Muskego
Ordinance. This is reflected in the Resolution.
STAFF RECOMMENDATION PC 008-2023
Approval of Resolution # PC 008-2023
f
Payne & Dolan
W217 S8425 Crowbar Road
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MUSKEGO
3,.
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Q Agenda Item(s)
Right -of -Way
Properties
0 775 1,550 Feet
Prepared by City of Muskego Planning Department
1 .M11ht:I I
RESOLUTION #P.C. 008-2023
APPROVAL FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE GRANT #37
AND THE APPROVAL FOR THE RENEWAL OF THE CONTINUED OPERATION OF THE
ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND
SE'/4 OF SECTION 13
WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal
of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and
WHEREAS, This request also includes renewal for the operation of the asphalt plant, and
WHEREAS, All fees have been paid and the public hearing will be held before the Plan
Commission on March 7, 2023, and
WHEREAS, There is an existing $317,000 bond for site restoration on file with the City, and
WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as
per Resolution #P.C. 113-2002, and
WHEREAS, Per the conditional use, the petitioner will self -regulate the monitoring of trucking and
provide neighbors with information of contact personnel to resolve potential disputes, and
WHEREAS, This site is classified as an existing mine as defined by Chapter 237 of the Muskego
Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such
received an automatic permit for operation from the Wisconsin DNR.
THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby
approve the renewal of the extraction permit for the Conditional Use Grant #37 and the approval
for the renewal of the permit for continued operation of the asphalt plant on Crowbar Road.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
�wjiamujoyelmi
A WALBEC COMPANY
An Equal Opportunity Employer
N3 W23650 Badinger Road I Waukesha, WI 53188
262.524A 7001 walbecgroup.com
January 131h, 2023
Adam Trzebiatowksi
City of Muskego — Planning and Zoning Department
W182 S8200 Racine Ave
Muskego, WI 53150
Dear Muskego Planning and Zoning,
Enclosed is the 2022 annual report and associated fee in the amount of $810 for Payne & Dolan's
nonmetallic mineral extraction site located in the City of Muskego that has received a reclamation permit
pursuant to Chapter NR135.18 Wisconsin Administrative Code.
Site Name Reclamation Permit # Location Unreclaimed Acres Current Fee Amount
Muskego (80390) NONE City of Muskego 39 $810
Total $810
If you have any questions and/or need additional information please do not hesitate to contact me at
(262) 366 -5124, bbucholtz(@walbecgroup.com.
Sincerely,
Payne & Dolan, Inc.
a
Bryan Bucho tz
Land 1 formation Administrator
:� `IVIJ Reach Their Destination
Nonmetallic Mining Permit Number: NONE
Site Name: Muskego - #80390
Report Date:1-9-2023
Parcel ID No: MSKC-2230-996, MSKC-2065-988, MSKC-2065-989, MSKC-2065-999 MSKC-2068-995 MSK-2068-998 MSKC-2068-999
Site Address: W217 S8412 Crowbar Road, Muskego WI 53150
Township: City of Muskego
Legal Description: Most of the E 1/2 of Section 13, Town 5 North Range 19 East and the W 1/4, SW 1/4 and the W 1/2
SW 1/4, NW 1/4 of Section 18, Town 5 North, Range 20 East
Applicant / Operator
Payne & Dolan, Inc.
N3 W23650 Badinger Road
Waukesha, WI 53187
(262)524-1700
bbucholtz@walbecgroup.com
SPO
Acreage of Completed
Reclamation:-63-Ades- 5
(� ✓C oh V f rCa�,'oh
Active, Unreclaimed`
Acreage: 39 Acres
= Tax Parcels
Q Active
Reclaimed
Nonmetallic Mine Site Certification:
"I hereby certify that this
inforrnation is true and accurate
and that the nonmetallic mining
site described herein complies
with all conditions of the
applicable nonmetallic mining
reclamation permit and chapter
NR - 135, Wisconsin
Administration Code."
Signature V�
Date 1-9-202.
Payne Dolan
2022 City of Muskego (5513355275) Nonmetallic Mining RA Annual Report
1) Enter data into form.
2) Validate form and submit to finalize data entry.
3) When mailing a check, please print the form and attach to your check.
Total number of acres approved for mining 135.37 (3)
51
Number of acres NEWLY approved for mining in the report year
0
Number of open (unreclaimed) acres actively being mined 135.37 (4)
39
Number of acres released from financial assurance pursuant to NR135 subchapter IV 135.37 (5)
9
Number of acres that have been reclaimed and are awaiting release from the financial assurance
requirements of NR135 subchapter IV 135.37 (6)
3
Please make sure to enter a value for each textbox in grid. Enter 0 if you have no mines in a category
Size Count Rate
Total
1 to 5 acres
0 35
0
6 to 10 acres
0 70
0
11 to 15 acres
0 105
0
16 to 25 acres
0 140
0
26 to 50 acres
1 160
160
51 acres or larger
0 175
0
Sum of active permits
1
Inactive permitted mines
0 15
0
Sum of
160
Fees
City of Muskego
Plan Commission Supplement PC 009-2023
For the meeting of. March 7, 2023
REQUEST: Annual Review for the Loomis Court LLC. Property (Mini -Storage and Auto Repair)
S98 W12575 Loomis Court & W125 S9912 North Cape Rd. (USH 45) / Tax Key No 2257.973.001
NE '/4 and SE '/4 of Section 25
PETITIONER: Planning Division
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 009-2023
This parcel is located off of Loomis Court and North Cape Road (USH 45). The site contains two
buildings. The southern building contains mini -storage units and an office/retail space, currently used
by Badgerland Auto. The northern building contains mini -storage units, one auto repair and sales
businesses and more recently a construction management company. These two building locations
were on two separate parcels at one time but when the northern building was built, the two parcels
were joined into one. The BSO and CUG approvals for this site were approved under Resolutions
#P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, #P.C. 025-2007, #P.C. 033-2014, #P.C. 065-2017
and #P.C. 024-2019. An annual review is required. The basic conditions of the approvals are as
follows:
1. Two auto sales and repair businesses may operate off the northern building on the site.
2. Auto sales and detailing can occur from the southern building on site.
3. There can be no more than five (5) vehicles for sale on this property in the pre -approved
locations near the northwest corner of the northern building for the first auto repair business
and six (6) vehicles for sale on the northern side of the north building for the second auto
repair business.
4. The southern building's office area is limited to only five (5) small motor vehicles for outdoor
display. These displays can only be out during business operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the
northeastern portion of the site. The fencing of this area must include brown colored privacy
slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times
within the fenced area at the northeastern part of the site, with the exception of three
vehicles parked east of the newer building.
STAFF DISCUSSION PC 009-2023
A site inspection was completed on February 21, 2023 and the site was found to be in compliance with
the conditions of approval. The resolution is drafted for approval.
STAFF RECOMMENDATION PC 009-2023
Approval of Resolution # PC 009-2023
RESOLUTION #PC 009-2023
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RESOLUTION P.C. 009-2023
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI -STORAGE
WAREHOUSES AND AUTO SALES/REPAIR FOR THE LOOMIS COURT LLC. PROPERTY LOCATED
ON LOOMIS COURT AND NORTH CAPE ROAD
(TAX KEY NO. 2257.973.001)
WHEREAS, The property contains a Conditional Use Grant and Building, Site and Operation plan that was
adopted by the Plan Commission for one mini -storage warehouse building with office space and for a
building with mini -storage warehouses and an auto repair business for the property located on Loomis
Court and on North Cape Road (USH 45), most recently under Resolutions PC 053a-2003, PC 067-2004,
PC 050-2005, PC 025-2007, PC 033-2014, PC 065-2017 and PC 024-2019, and
WHEREAS, The site conditions of approval included:
1. Two auto sales and repair businesses may operate out of the northern building on the site.
2. Auto sales and detailing can occur from the southern building on site.
3. There can be no more than five (5) vehicles for sale on this property in the pre -approved
locations near the northwest corner of the northern building for the first auto repair business and
six (6) vehicles for sale on the northern side of the north building for the second auto repair
business.
4. The southern building's office area is limited to only have five (5) small motor vehicles for outdoor
display. These displays can only be out during business operating hours.
5. All other outside storage (other than noted above) of vehicles, materials, and/or other
miscellaneous objects are prohibited at all times.
6. There shall be an enclosed gravel storage area with an asphalt approach on the northeastern
portion of the site. The fencing of this area must include brown colored privacy slats.
7. There shall be no unapproved ancillary signage on the property for any reason.
8. All rental vehicles, including but not limited to trucks, trailers, etc., must be stored at all times
within the fenced area at the northeastern part of the site, with the exception of three (3) U-Haul
trucks parked east of the newer building, and
WHEREAS, A site inspection was completed on February 21, 2023 and the site was found to be in
compliance with the conditions of approval.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the Annual Review for the
Conditional Use Grant and the Building, Site, and Operation plan for Loomis Court LLC.
BE IT FURTHER RESOLVED, That the yearly review continues to be held no later than the March
meeting of every calendar year.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this approval shall result in the
imposition of fines of $100 per day per violation, the initiation of legal action or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 010-2023
For the meeting of: March 7, 2023
REQUEST: Annual Review for Durham Hill Auto
S98 W 12608 Loomis Drive / Tax Key No. 2257.982.002
NE'/4 of Section 25
PETITIONER: Planning Division
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 010-2023
Petitioner seeks approval of the required annual review for the operations at S98 W12608 Loomis
Drive.
In 2005, the petitioner received CUG and BSO Plan amendments to allow the continued
operation of an auto sales business. The BSO included a site plan outlining exact marked
parking stalls with areas to be restored to green space (including landscaping). There were
additional BSO amendments approved by the Plan Commission under Resolution # P.C. 079-
2006 and # P.C. 067-2007.
STAFF DISCUSSION PC 010-2023
An inspection was completed on February 21, 2023 and compliance was not found as there were
vehicles found near the intersection of Loomis throughout the lot, not matching the originally
approved Plan Commission site plan. A letter was sent to the business owner identifying the
issue and a follow up inspection was conducted on March 2, 2023 and the site was in compliance
at that time. The resolution is drafted for approval.
STAFF RECOMMENDATION PC 010-2023
Approval of Resolution # PC 010-2023
RESOLUTION #PC 010-2023
Supplemental Map
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RESOLUTION #P.C. 010-2023
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND
SERVICE ESTABLISHMENT FOR AUTOMOBILES AT DURHAM HILL AUTO
LOCATED IN THE NE'/4 OF SECTION 25
(S98 W12608 LOOMIS DRIVE / TAX KEY NO. 2257.982.002)
WHEREAS, The Plan Commission approved an amended Conditional Use Grant and Building,
Site, and Operation Plan on March 15, 2005 for an automobile sales lot for Durham Hill Auto
located at S98 W12578 Loomis Drive, and
WHEREAS, There were BSO Amendments approved under Resolution P.C. 079-2006 and P.C.
067-2007, and
WHEREAS, The property is zoned B-4, Highway Business, and current uses are allowed by right
and by Conditional Use Grant, and
WHEREAS, The approved Building, Site, and Operation Plan specifically referred to a site plan
that showed marked parking stalls for customer and vehicle sales, areas to be restored to green
space, and areas of landscaping, and
WHEREAS, A site inspection was conducted on February 21, 2023 and there were vehicles
found parked in areas not allowed per the approved site plan for this property, and
WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection
was conducted on March 2, 2023 and the site was in compliance at that time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the petitioner's annual
review for Durham Hill Auto.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 011-2023
For the meeting of. March 7, 2023
REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC
W 195 S9775 Racine Avenue / Tax Key No. 2274.998
NW '/ of Section 29
PETITIONER: Planning Division
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski. AICP
BACKGROUND PC 011-2023
The Plan Commission originally authorized an annual review for the property for every year in the month of
August until further notice. The petitioner received Plan Commission approval as per #PC 155-1990 and #PC
012-2004. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 011-2023
Comprehensive Plan:
Zoning:
DISCUSSION PC 011-2023
The 2020 Plan depicts the area for agriculture and open lands use. The
use as a business existed and is consistent with the Plan.
The property is zoned A-1 Agricultural District. The proposal is consistent
with the Municipal Code and past petitions.
The property has had prior approvals for the snowplowing and grading business since 1990. The property
currently has an existing 252' x 60' metal farm pole building of which 40' is used for shop area and the rest
used for the agricultural practice of the property. The property also houses an approved 32' x 40' salt storage
structure. The previous approved resolutions both state that no outside storage of any equipment or LP fuel
tanks be located next to the building, and that the business be limited to 17 drivers. Plan Commission
requested the annual review during the approvals of February 2004 to make sure the site does not become
unsightly and that the outside storage is outside of the public view and mostly contained in the approved
storage buildings.
A site inspection was conducted on February 21, 2023 and the site was in compliance. Any larger trucks were
parked way back by the building or in the building.
STAFF RECOMMENDATION PC 011-2023
Approval of Resolution PC 011-2023
RESOLUTION #PC 011-2023
PARKER DR
Schaefer Snowplowing and Grading LLC.
W195 S9773 Racine Avenue
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RESOLUTION #P.C. 011-2023
APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING AND
GRADING LLC LOCATED IN THE NW '/4 OF SECTION 29
(W 195 S9775 RACINE AVENUE / TAX KEY NO. 2274.998)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan for Schaefer
Snowplowing and Grading LLC at the property located at W 195 S9775 Racine Avenue as per Resolution
#P.C. 155-1990, and
WHEREAS, The Plan Commission approved an amended Building, Site and Operation Plan for Schaefer
Snowplowing Resolution #P.C. 012-2004, and
WHEREAS, Conditions of approval included the following:
1. No outside storage of any equipment, LP fuel tanks be located next to the building, and the
business be limited to 17 drivers, and
2. Annual Plan Commission review, and
WHEREAS, The yearly review was moved to March of each year, with the other annual reviews, so that
the site can be viewed more easily due to the crops not growing on that property at that time of the
season, and
WHEREAS, Staff met with Mr. Schaefer in early 2009 to discuss the ongoing cleanup of the site and it
was agreed that Mr. Schaefer would begin to remove any storage of vehicles that exist on the east side of
the main accessory structure to the southern and western sides of the structure to further reduce outside
storage, unless the vehicles are being actively used on that day for business purposes, and
WHEREAS, Upon a site inspection on February 21, 2023, Planning Division staff found the site to be in
compliance with the approvals.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the
Building, Site and Operation plan for Schaefer Snowplowing and Grading LLC at the property located at
W 195 S9775 Racine Avenue.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and
Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal
action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 015-2023
For the meeting of: March 7, 2023
REQUEST: Approval of a Mother-in-Law/Family Unit
W 165 S8190 Kurtze Lane / Tax Key No. 2218.981.001
NW '/4 of Section 15
PETITIONER: Nicole Volk of Aspen Homes for Mark & Cheri Chapman
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 015-2023
The petitioner is proposing to construct a mother-in-law unit as part of their new home
construction. Mother-in-law/family units are allowed as a permitted accessory use in residential
zonings subject to certain conditions. A building permit application has been submitted and is
currently under review. During the permit review is where the mother-in-law unit was discovered.
STAFF DISCUSSION PC 015-2023
As stated, mother-in-law/family units are allowed as a permitted accessory use in residential
zonings subject to the following conditions:
Mother-in-Law/Family Units: Any portion of a single family residence, intended to be
occupied by a resident(s) related through blood, marriage or adoption to a host residence
occupant, being no greater than 800 square feet in size, that has an independent wing or
area that is self-supporting in terms of livable needs (i.e. unit includes a kitchen, bath,
den and bedroom), but is dependent on utility infrastructure of the primary residence.
Access to this wing or area may be obtained via one door to the outside and a second
non -lockable door or passage way to the main portion of the host residence. Access is
permitted to a garage area having no service door.
All such requests are subject to building, site, and operational plan approval of the Plan
Commission following written notice being distributed by the Plan Commission to
neighboring property owners within 100 feet of the subject property.
The petitioned mother-in-law/family unit has been identified that it will be used by related persons
to the family when visiting and shows that it will be self-supporting in livable needs. The mother-
in-law unit will have a passage to the main residence via a non -locking door and a door directly to
the outside. The area defined by the petitioner as the mother-in-law/family unit is 566 square feet
in size. The proposal meets all of the code requirements. There will be no rent or lease for this
mother-in-law unit. Notifications have been sent to neighboring property owners within 100 feet.
STAFF RECOMMENDATION PC 015-2023
Approval of Resolution # PC 015-2023
RESOLUTION #P.C. 015-2023
APPROVAL OF A MOTHER-IN-LAW/FAMILY UNIT FOR THE CHAPMAN PROPERTY
LOCATED IN THE NW '/ OF SECTION 15
(W 165 S8190 KURTZE LAND / TAX KEY NO. 2218.981.001)
WHEREAS, A petition for a mother-in-law/family unit was submitted Mike & Katie Halverson for
the property located in the NW '/ of Section 15 (W165 S8190 Kurtze Lane / Tax Key No.
2218.981.001), and
WHEREAS, Said property is zoned RL-3 Lakeshore District where a mother-in-law/family unit is
allowed as a permitted accessory use as long as the following objectives are met:
1. Must be occupied by a resident(s) related through blood, marriage or adoption to a host
residence occupant.
2. Must be no greater than 800 square feet in size.
3. Must have an independent wing or area that is self-supporting in terms of livable needs
(i.e. unit includes a kitchen, bath, den and bedroom), but is dependent on utility
infrastructure of the primary residence. Access to this wing or area may be obtained via
one door to the outside and a second non -lockable door or passage way to the main
portion of the host residence. Access is permitted to a garage area having no service
door.
4. Subject to Plan Commission approval with written notice to residents within 100 feet of
the property, and
WHEREAS, The petitioned mother-in-law/family unit shows that it will be used by related persons
to the family when visiting and shows that it will be self-supporting in livable needs, and
WHEREAS, The mother-in-law unit will have a passage to the main residence via a non -locking
door and a door directly to the outside, and
WHEREAS, The petitioned mother-in-law/family unit is proposed to be 566 square feet in size
and will be located on the first floor of the newly proposed residence, and
WHEREAS, All neighbors within 100 feet have been notified as required.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the mother-in-
law/family unit for the Chapman residence located in the NW '/4 of Section 15, W165 S8190
Kurtze Lane / Tax Key No. 2218.981.001).
BE IT FURTHER RESOLVED, The mother-in-law/family unit must be used by related persons to
the family, must be self-supporting in livable needs, must have a non -lockable passage to the
main residence and a door to the outside, and cannot exceed 800 square feet.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the mother-in-law/family
unit at 566 square feet.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this
resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or
both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
Intended Use: (Build new single family home with Mother In Law Suite for the owner's handicapped sister to use
stays with them.
IL Suite consists of a bedroom, bathroom, kitchenette and sitting area.
ital sgft of MIL Suite = 566
IL Suite will use the same utilities as the rest of the home. (well, sewer, electric meter, etc.)
IL Suite is connected to the rest of the home via a non -locking door and will also have a patio door directly
the outside.
If this form has been filled out electronically, please click on the "Print Application" button on
the top of page 1 or to the right of this text. I Print Application
Once the application is printed/filled out it can be submitted to the Planning Services
Division along with any applicable information required for your submittal. Please see the
attached sheet to ensure that the proper supporting documents are submitted along with
this completed form.
I HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE BUILDING, SITE, AND
OPERATION PLAN PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL
RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE PLAN
COMMISSION.
Signat of�ePpertyOwner Signature of the Applicant (working as "Agent" for the owner):
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Print Name: Print Name:
Fee � k z V -i3 2- q �2,2-3 ZI C)123
Date: Date:
For Planning Services Use Only
Submittal Date: Staff Signature:
Fees Paid: r Yes r No
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City of Muskego
Plan Commission Supplement PC 016-2023
For the meeting of. March 7, 2023
REQUEST: Three (3) Lot Land Division — Certified Survey Map
S85 W17776 Woods Road / Tax Key No. 2224.995
SE '/4 of Section 16
PETITIONER: Gregg Schmidt
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 016-2023
The petitioner is seeking to divide an existing larger lot into three separate buildable lots via Certified
Survey Map. The proposed buildable lots range from 20,802 square feet to 113,886 square feet.
PLAN CONSISTENCY PC 016-2023
Comprehensive Plan: The 2020 Plan depicts the area for medium density residential uses (1-
2.99 units/acre). The proposed concept is consistent with the Plan.
Zoning: The property is currently zoned RS-2 Suburban Residence District. The
proposal is consistent with the Code.
Parks and Conservation Plan: rhe 2017-2021 Plan does not identify any new park or trail areas or
nections. An existing off-street trail runs along Woods Road in front
is property.
Street System Plan: All required right-of-way for Woods has been dedicated. The proposal
�is consistent with the Plan.
Adopted 208 Sanitary Sewer The lots will be served by municipal sewer system. The proposal is
Service Area: consistent with the plan.
Water Capacity Assessment 1The lots will be served by municipal water. The proposal is consistent
District: with the plan.
DISCUSSION PC 016-2023
Upon initial review of the CSM, the bulk requirements of the code appear to be met. A full technical
review is in the process of being completed. All corrections/additions will need to be addressed prior to
the CSM being signed by the City and recorded.
As noted on this CSM, the existing dwelling will be razed. Similarly, any/all accessory structures on the
property will need to be razed.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 016-2023
Approval of Resolution PC 016-2023
RESOLUTION #P.C. 016-2023
APPROVAL OF A THREE LOT CERTIFIED SURVEY MAP FOR GREGG SCHMIDT
LOCATED AT S85 W17776 WOODS ROAD / TAX KEY NO. 2224.995
WHEREAS, A Certified Survey Map (CSM) was submitted by Gregg Schmidt for a three (3) lot land division
located at S85 W 17776 Woods Road / Tax Key No. 2224.995, and
WHEREAS, This proposal is to create three new buildable lots, and
WHEREAS, The proposed buildable lots range from 20,802 square feet to 113,886 square feet (2.6 acres),
and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposed land division is consistent with the plan, and
WHEREAS, The proposed lots are currently zoned RS-2 Suburban Residence District, which require
minimum lot sizes of 20,000 SF with a minimum average width of 110 feet per lot, and
WHEREAS, All lots will be served by the municipal sewer system, and
WHEREAS, All lots will be served by municipal water, and
WHEREAS, The existing home and all accessory structures, will need to be removed from all lots within the
CSM.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Gregg Schmidt for a three (3) lot land division located at S85 W17776 Woods Road / Tax Key No.
2224.995, subject to technical corrections as identified by the City Engineers, and payment of all applicable
fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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Elevation Datum: NGVD 1929
Bearings Referenced To The Wisconsin
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City of Muskego
Plan Commission Supplement PC 017-2023
For the meeting of. March 7, 2023
REQUEST: One (1) Lot Land Division — Certified Survey Map
S93 W21095 Henneberry Drive / Tax Key No. 2236.997
SE '/4 of Section 19
PETITIONER: Bonnie Bourdo
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 017-2023
The petitioner is proposing to split off a parcel from a larger parcel that lies on both the north and south
sides of Henneberry Drive. The proposed lot is approximately 36.8 acres in size. The remnant parcel
being left over is approximately 37 acres north of Henneberry Drive. The parcel being divided off as part
of the CSM is the land south of Henneberry Drive.
PLAN CONSISTENCY PC 017-2023
omprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses. The
proposal is consistent with the plan.
,Zoning: The property is zoned A-1 Agricultural District. This zoning requires
minimum lot sizes of 120,000 SF and an average lot width of 300 feet.
The proposal is consistent with the Code.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property.
The proposal will be consistent with the Plan.
Street System Plan: The proper right-of-way for Henneberry Drive is being dedicated. The
proposal is consistent with the Plan.
(Adopted 208 Sanitary Sewer The lot will be serviced
Service Area: (consistent with the plan.
Water Capacity Assessment IThe lot will be serviced
District: with the plan.
DISCUSSION PC 017-2023
with private septic system. The proposal is
by a private well. The proposal is consistent
The applicant is seeking to divide a single 36.8-acre parcel from the remaining property via CSM. The
proposed lot exceeds the minimum lot size required.
The proposed remnant lot is lot is approximately 37 acres in size. The large remnant parcel on the north
side of Henneberry Drive is disconnected from this property. The remnant parcel is greater than 20 acres
without any development plans, so it is not required to be included on the CSM.
Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is
in the process of being completed. All corrections/additions will be needed prior to the CSM can be
signed by the City and recorded.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Engineering Division. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 017-2023
Approval of Resolution PC 017-2023
RESOLUTION #PC 017-2023
Bonnie Bourdo
S93 W21095 Henneberry Drive
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RESOLUTION #P.C. 017-2023
APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE BOURDO PROPERTY
LOCATED AT S93 W21095 HENNEBERRY DRIVE / TAX KEY NO. 2236.997
WHEREAS, A Certified Survey Map (CSM) was submitted by Bonnie Bourdo for a one (1) lot land division
located at S93 W21095 Henneberry Drive / Tax Key No. 2236.997, and
WHEREAS, This CSM is splitting one lot from a larger agricultural property, and
WHEREAS, The proposed lot is approximately 36.8 acres in size, and
WHEREAS, The property is zoned A-1 Agricultural District and is consistent with the Code, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the
proposed lot is consistent with the plan, and
WHEREAS, The proper right-of-way for Henneberry Drive is being dedicated to the City, and
WHEREAS, The lots are served by private wells and septic systems, and
WHEREAS, The large remnant parcel on the north side of Henneberry Drive is greater than 20 acres
without any development plans, so it is not required to be included on the CSM.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Bonnie Bourdo for a one (1) lot Certified Survey Map located at S93 W21095 Henneberry Drive / Tax Key
No. 2236.997, subject to technical corrections as identified by the City Engineers and Planners and payment
of all applicable fees and outstanding assessments, if applicable.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
CERTIFIED SURVEY MAP NO
Being a part of the Southwest 114 of the Southeast 114 of Section 19, Township 5
North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
0 250 500 750
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CERTIFIED SUR VEY MAP NO.
Being a part of the Southwest 114 of the Southeast 114 of Section 19, Township 5
North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin.
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City of Muskego
Plan Commission Supplement PC 056-2021
For the meeting of. March 7, 2023
REQUEST: Six Month Review for Frey Auto
S107 W16311 Loomis Road / Tax Key No. 2293.996.002
NE '/4 and SE '/4 of Section 34
PETITIONER: Planning Division
INTRODUCED: September 7, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 056-2021
Frey Auto, at this current location, has been subject to annual reviews since 2011 and longer at a previous
location. Due to repeated failed site inspections at annual reviews, the Plan Commission has required more
frequent site inspections and compliance reviews.
The petitioner received amended approvals via Resolutions #PC 036-2011, #PC 036-2012, #PC 025-2014 and
#PC 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4
and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following:
• Seventy-eight (78) stalls for vehicles for sale,
• Ten (10) stalls for sale customer vehicles,
• Seven (7) stalls for employees,
• Fourteen (14) stalls for customer repair vehicles,
• Twelve (12) stalls for loaner cars,
• Two (2) stalls for tow trucks/deliveries,
• Two (2) enclosed outdoor storage areas,
• No vehicles can be used as signage,
• Signage and banners displayed on vehicles for sale is prohibited, except for a price sign
hanging from the rear view mirror and for vehicle disclosure information to be visible as
required by State Law.
STAFF DISCUSSION PC 056-2021
Since the original deferral of this annual review, the petitioner was issued citations and formulated a
plan for the property to the south in order to resolve the issues on this property. As of the latest site
visit on February 21, 2023 the site is in compliance with the approved conditions of approval. Also, the
City is satisfied with the resolution of the citations through the Municipal Court. Finally, the petitioner
has made steps towards obtaining the proper permits on the neighboring property. The final pieces of
information are needed prior to being able to approve the permit for the fencing and gravel parking
surface.
Staff recommends amending and approving Resolution PC 056-2021 based on the most recent site
inspection, the resolution of the citations and the positive work towards the enclosed storage area on
the property to the south. Plan Commission must determine the frequency of future site
inspections/reviews and also consider if the two sites be reviewed together or if they should be
separate reviews. If together, this would include the current Frey Auto site as well as the enclosed
storage area on the property immediately south of Frey Auto.
Beginning at the 2019 annual review, Frey Auto has not been in compliance with the approved Conditional Use
Grant. Due to this, the following steps have been undertaken:
- For the March 2020 Plan Commission meeting, at the initial compliance inspection there were multiple
violations found. A letter was sent to the petitioner and a week later the site passed a site inspection.
The Plan Commission still required a six -moth review via Resolution PC 006-2020 and a letter was
sent notifying the petitioner of subsequent site inspection.
- For the September 2020 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. A letter was sent and at the follow-up inspection the same issues
remained. The Plan Commission then required a three-month review to consider possible
suspension/revocation of the Conditional Use Grant in Resolution PC 053-2020.
- For the December 2020 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. In Resolution PC 075-2020 the Plan Commission again required a three-
month review to consider possible suspension/revocation of the Conditional Use Grant.
- For the March 2021 Plan Commission meeting, a compliance inspection occurred and
issues/violations were found. A letter was sent and at the follow-up inspection the site was found to be
complying with the initial Conditional Use Grant. Even with this temporary compliance, based on the
past non-compliance, the Plan Commission still scheduled a six-month review with monthly site
inspections to ensure compliance was continued to be found, via Resolution PC 009-2021.
Based on the requirements above, monthly site inspections have taken place over the past 6 months. The
inspection on March 22, 2021 found multiple violations including vehicles parked in areas that are either not
marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant for traffic and
emergency access, vehicles parked on the grassy area, and many vehicles believed to be owned by Frey Auto
parked in the site previously used by the petitioner. Additional site inspections occurred monthly as directed by
the Plan Commission on April 22, 2021, May 17, 2021, June 23, 2021, July 27, 2021 and August 18, 2021.
Each site visit found identical violations from the originally approved Conditional Use Grant. Additionally,
several of the inspections found junked vehicles on -site and vehicle parts stored outdoors and not within the
fenced area where these unsightly parts/junk vehicles are allowed to be stored.
As you will see from the monthly inspections noted above and through the entire past history of this site,
compliance has never been found at the first inspection. In the case of the 6 monthly inspections, compliance
was never found, even with compliance violation/reminder letters being sent after each site inspection.
Due to the extensive periods of continued non-compliance, there are several options that the Plan Commission
may consider moving forward. The options to consider include any or all of the following:
1. Direct staff to issue citations back dated to March 22, 2021, since that is when the most recent round
of non-compliance inspections/violations occurred. The citations could be issued for failure to follow
the approved BSO and/or CUG for the property and for unsightly outdoor storage. When citations are
issued, each day that a violation has occurred/continues constitutes a separate offense for each
separate citation.
2. The Plan Commission could recommend to the Common Council to terminate the Conditional Use
Grant for Frey Auto due to continued non-compliance. This solution will not allow the petitioner to
operate and business activities on -site until compliance is achieved and they re -submit a plan for the
Plan Commission to discuss and approve. If the CUG were terminated, then the City would be
required to contact the State DMV to alert the that the City's approval for said dealership is no longer
valid.
Due to the continued disregard for the conditions of approval of the original Conditional Use Grant, staff
recommends both the issuance of citations and the recommendation for termination of the CUG. It is obvious
that ramping up the Plan Commission reviews to six-month or even three-month reviews where the petitioner
sometimes appears, and other times does not, is not achieving any compliance by the petitioner. The amount
of time that the Plan Commission members and City staff have exhaust on trying to achieve site compliance on
this property has been strenuous and not the most off iciant use of tax dollars.
Based on the discussion above, the Resolution is drafted requiring the two above noted final compliance items,
but the Plan Commission should discuss/amend the Resolution as they feel fit.
STAFF RECOMMENDATION PC 056-2021
Approval Resolution # PC 056-2021, subject to the compliance requirements noted in the Resolution.
RESOLUTION #PC 056-2021
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RESOLUTION #P.C. 056-2021
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE
ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY
LOCATED IN THE NE'/4 & SE'/4 OF SECTION 34
(TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and
Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road
(Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C.
055-2014, and
WHEREAS, The property is zoned B-4, Highway Business District, and said use is allowed by
Conditional Use Grant, and the Plan Commission has required an annual review as a condition of the
approval, and
WHEREAS, Approved plans permit the following:
• Seventy-eight (78) stalls for vehicles for sale,
• Ten (10) stalls for sale customer vehicles,
• Seven (7) stalls for employees,
• Fourteen (14) stalls for customer repair vehicles,
• Twelve (12) stalls for loaner cars,
• Two (2) stalls for tow trucks/deliveries,
• Two (2) enclosed outdoor storage areas,
• No vehicles can be used as signage,
• Signage and banners displayed on vehicles for sale is prohibited, except for a price
sign hanging from the rear view mirror and for vehicle disclosure information to be
visible as required by State Law, and
WHEREAS, Beginning at the 2019 annual review Frey Auto has not been in compliance with the
approved Conditional Use Grant, and
WHEREAS, Due to repeated failed site inspections, more frequent inspections and reviews were
requested by the Plan Commission, and
WHEREAS, At the March 2, 2021 Plan Commission meeting, a required was added to Resolution PC
009-2021 requiring monthly site inspection, for 6 months, and
WHEREAS, Site inspections were conducted March 22, 2021, April 22, 2021, May 17, 2021, June
23, 2021, July 27, 2021 and August 18, 2021 where noncompliance was found at all inspections
and violation letters were sent each time to the business owner, and
WHEREAS, Noncompliance violations/issues include vehicles parked in areas that are either not
marked stalls or double and triple parked, vehicles parked in approved drive aisles that are meant
for traffic and emergency access, vehicles parked on the grassy area, junked vehicles on -site and
vehicle parts stored outdoors, and many vehicles believed to be owned by Frey Auto parked in
the site previously used by the petitioner.
THEREFORE BE IT RESOLVED, The Plan Commission denies the annual review for Frey Auto due to
continued noncompliance of the original Conditional Use Grant conditions of approval.
BE IT FURTHER RESOLVED, The City will issue citations with fines dating back to March 22, 2021 for
failure to follow the approved BSO and/or CUG for the property and for unsightly outdoor storage.
BE IT FURTHER RESOLVED, The Plan Commission recommends the Common Council begin the
process of terminating the Conditional Use Grant for Frey Auto pursuant to Section 400-162 of the
Municipal Code.
BE IT FURTHER RESOLVED, That previously approved plans are kept on file in an address file in the
Building Department and all aspects of this plan shall be maintained in perpetuity unless otherwise
authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: September 7, 2021
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 012-2023
For the meeting of. March 7, 2023
REQUEST: Annual Review for Kwik Trip
S63 W13510 Janesville Road / Tax Key No. 2162.999.002
NW '/4 of Section 1
PETITIONER: Planning Division
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 012-2023
The Plan Commission originally authorized an initial review for a year after the business has opened and has
been operating. The petitioner received Plan Commission approval as per Resolution PC 063-2019. The
provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 012-2023
Comprehensive Plan: The 2020 Plan depicts the area for Commercial land use. The use as a
business is consistent with the Plan.
Zoning: The property is zoned B-2 Local Service District. The proposal is
consistent with the Municipal Code.
DISCUSSION PC 012-2023
The property obtained Plan Commission approval on November 5, 2019 for a Building, Site and Operation Plan
and Conditional Use Grant for the gasoline service station via Resolution PC 063-2019. As part of the approval
the following Conditions were included:
- All deliveries limited to between 7:00 AM and 9:00 PM with the exception of Kwik Trip Corporation
deliveries that are limited to between 7:00 AM and 11:00 PM.
- Outdoor storage/sales of LP and ice are limited to the containers and locations on the plans (two ice
and one LP) with the exterior of all to be painted a burgundy color to match the building.
- Outdoor merchandise sales of salt is limited to the inner three gas pump islands in between the pumps
only (not on the end caps) and must be raised off of the ground.
- No additional outdoor storage or display of products is allowed.
A site inspection was conducted on February 21, 2023 and the site was in compliance as there wasn't any
outside storage between the pumps or throughout the site. Additionally, staff has not received any negative
feedback regarding the hours of operation or deliveries at Kwik Trip, any outdoor storage at the Kwik Trip or
any other issues. Per Resolution PC 063-2019, if no problems or issues are found, the annual review could be
reconsidered by the Plan Commission.
STAFF RECOMMENDATION PC 012-2023
Approval of Resolution PC 012-2023
Staff recommends approval of the Annual Review for Kwik Trip and recommend suspending the
annual reviews until there is a reason or occurrence that happens that requires additional review
and discussion by the Plan Commission.
1 �
RESOLUTION #PC 012-2023
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RESOLUTION #P.C. 012-2023
APPROVAL OF AN ANNUAL REVIEW FOR KWIK TRIP
LOCATED IN THE NW '/4 OF SECTION 1
(S63 W 13510 JANESVILLE ROAD / TAX KEY NO. 2162.999.002)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan and Conditional Use
Grant for Kwik Trip at the property located at S63 W 13510 Janesville Road as per Resolution PC 063-
2019, and
WHEREAS, The Plan Commission originally authorized an initial review for a year after the business
opened and was operating, and
WHEREAS, Conditions of approval included the following:
1. All deliveries limited to between 7:00 AM and 9:00 PM with the exception of Kwik Trip
Corporation deliveries that are limited to between 7:00 AM and 11:00 PM.
2. Outdoor storage/sales of LP and ice are limited to the containers and locations on the plans
(two ice and one LP) with the exterior of all to be painted a burgundy color to match the
building.
3. Outdoor merchandise sales of salt is limited to the inner three gas pump islands in between
the pumps only (not on the end caps) and must be raised off of the ground.
4. No additional outdoor storage or display of products is allowed, and
WHEREAS, A site inspection was conducted on February 21, 2023 and the site was in compliance as
there wasn't any outside storage between the pumps or throughout the site, and
WHEREAS, Staff has not received any complaints regarding the hours of operation or deliveries at Kwik
Trip, any outdoor storage at the Kwik Trip or any other issues, and
WHEREAS, Per Resolution PC 063-2019, if no problems or issues are found, the annual review could be
reconsidered by the Plan Commission.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the
Building, Site and Operation plan and Conditional Use Grant for Kwik Trip at the property located at S63
W 13510 Janesville Road.
BE IT FURTHER RESOLVED, Due to the compliance, annual reviews are suspended until there is a
reason or occurrence that happens that requires additional review and discussion by the Plan
Commission.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and
Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal
action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 013-2023
For the meeting of: March 7, 2023
REQUEST: Annual Review for Wisco Carts and Camper Rental, LLC.
S80 W19025 Janesville Road / Tax Key No. 2225.984
NE'/4 of Section 17
PETITIONER: Planning Division
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 013-2023
The Plan Commission originally authorized an initial review for a year after the business has been operating to
review the conditions of approval. The petitioner received Plan Commission approval via Resolution PC 001-
2021. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 013-2023
Comprehensive Plan: The 2020 Plan depicts the area for Commercial land use. The use as a
business is consistent with the Plan.
Zoning: The property is zoned B-2 Local Service District. The proposal is
consistent with the Municipal Code.
DISCUSSION PC 013-2023
The property obtained Plan Commission approval on February 2, 2021 for a Building, Site and Operation Plan
and Conditional Use Grant for the golf cart sales and service and camper rental facility via Resolution PC 001-
2021. As part of the approval the following Conditions were included:
1. A maximum of six golf carts can be displayed in the designated display area.
2. Each of the golf carts displayed in front of the building in the area identified for display will be moved
back into the garage at the close of business each day.
3. All loading and unloading of the golf carts will take place near the rear of the business.
4. At no time should parts or wrecked or non -movable or non -operable golf carts be stored outside.
5. Signage and banners displayed on vehicles/golf carts/campers for sale is prohibited, except for any
vehicle disclosure information that must be visible as required by State Law.
6. No additional outdoor storage or display of products is allowed.
A site inspection was conducted on February 21, 2023 and the site was in compliance as there wasn't any
campers visible and only two golf carts. Additionally, staff has not received any negative feedback regarding
the hours of operation, deliveries, or noise at Wisco Carts and Camper Rental. Per Resolution PC 001-2021,
the Plan Commission can determine at the annual review if said annual review will continue to be needed.
No problems or issues were found nor discussed with Planning staff.
STAFF RECOMMENDATION PC 013-2023
Approval of Resolution PC 013-2023
Staff recommends approval of the Annual Review for Wisco Carts and Camper Rental and
recommend suspending the annual reviews until there is a reason or occurrence that happens
that requires additional review and discussion by the Plan Commission.
O
t 1
CG - WC Land Information Office, WLIP, SE.jWRPC, Ayres Associates,
Wisco Carts and Camper Rental
S80 W19025 Janesville Road
&*Cgw
M USKEGO
Q Agenda Item(s)
Right -of -Way
Properties
0 100 200 Feet
1 1 1
Prepared by City of Muskego Planning Department
RESOLUTION #P.C. 013-2023
APPROVAL OF AN ANNUAL REVIEW FOR WISCO CARTS AND CAMPER RENTAL
LOCATED IN THE NW '/4 OF SECTION 1
(S63 W 13510 JANESVILLE ROAD / TAX KEY NO. 2162.999.002)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan and Conditional Use
Grant for Kwik Trip at the property located at S80 W19025 Janesville Road as per Resolution PC 001-
2021, and
WHEREAS, The Plan Commission originally authorized an initial review for a year after the business has
been operating, and
WHEREAS, Conditions of approval included the following:
1. A maximum of six golf carts can be displayed in the designated display area.
2. Each of the golf carts displayed in front of the building in the area identified for display will be
moved back into the garage at the close of business each day.
3. All loading and unloading of the golf carts will take place near the rear of the business.
4. At no time should parts or wrecked or non -movable or non -operable golf carts be stored outside.
5. Signage and banners displayed on vehicles/golf carts/campers for sale is prohibited, except for
any vehicle disclosure information that must be visible as required by State Law.
6. No additional outdoor storage or display of products is allowed.
WHEREAS, A site inspection was conducted on February 21, 2023 and the site was in compliance as
there weren't any campers visible and two golf carts, and
WHEREAS, Staff has not received any negative feedback regarding the hours of operation, deliveries, or
noise at Wisco Carts and Camper Rental, and
WHEREAS, Per Resolution PC 001-2021, the Plan Commission can determine at the annual review if
said annual review will continue to be needed.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of the
Building, Site and Operation plan and Conditional Use Grant for Wisco Carts and Camper Rental at the
property located at S80 W 19025 Janesville Road.
BE IT FURTHER RESOLVED, Due to the compliance, annual reviews are suspended until there is a
reason or occurrence that happens that requires additional review and discussion by the Plan
Commission.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site and
Operation Plan shall result in the imposition of fines of $100 per day per violation, the initiation of legal
action, or both.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski AICP, Planning Manager
City of Muskego
Plan Commission Supplement PC 014-2023
For the meeting of. March 7, 2023
REQUEST: Approval of a Preliminary Plat for the Peach Lane Subdivision
S69 W 14105 Tess Corners Drive / Tax Key No. 2168.962
SE'/ of Section 2 and NE'/4 of Section 11
PETITIONER: Kersten Adams of Peach Lane, LLC.
INTRODUCED: March 7, 2023
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 014-2023
The petitioner has submitted the Preliminary Plat for the Peach Lane subdivision. The proposal includes nine (9)
single-family lots and one (1) outlot. The development includes an access point on Tess Corners Drive and a new
roadway extending south into the property approximately 550 feet ending as a cul-de-sac.
PLAN CONSISTENCY PC 014-2023
The 2020 Plan depicts the properties for medium -density residential
Comprehensive Plan: development (densities of 1.0 — 2.99 units per acre). The proposal is
consistent with the plan with a density of 0.529 units/acre.
The property is currently RS-2 — Suburban Residence District with a minimum I
Zoning: lot size of 20,000 sq. ft. and minimum width of 110 feet. The proposal is
consistent with the Code.
The Park and Conservation Plan does not indicate any conservation areas.
Park and Conservation
However, the wetlands and floodplains will be preserved. Additionally, the Park
Plan:
and Conservation Plan shows the trail across the frontage of this property
paralleling Tess Corners Drive.
(Street System Plan:
All interior right-of-ways are proposed to be dedicated to the proper widths.
Adopted 208 Sanitary Sewer
The future development will be served by municipal sewer, to be installed at
Service Area:
Ithe developers expense. The proposal is consistent with the Plan.
Water Capacity Assessment
This area will be served by private wells for water. The proposal is consistent
District:
with the Plan.
Stormwater Management
Stormwater management is shown to be accounted for within the outlot in the
Plan:
development.
STAFF DISCUSSION PC 014-2023
Peach Lane, LLC. is proposing a nine (9) single-family residential development along Tess Corners Drive on
approximately 17.01 acres of land, resulting in approximately 0.529 units/acre or 1 unit per 1.89 acres (82,328.4
square feet) of land (gross). This density is below the planned Medium Density Residential land use category,
which allows 1.0 to 2.99 units/acre. The proposed density meets the current 2020 Comprehensive Land Use Plan
requirements.
The RS-2 zoning typically allows 20,000 square feet of land per lot with a typical minimum average width of 110
feet. The applicant is not requesting any type of density bonus or any waivers to the land division or zoning
requirements.
The lots within the proposed subdivision range from 21,877 square feet to 29,771 square feet. The outlot within the
subdivision is approximately 10.09 acres and will be reserved for stormwater management and open space
preservation.
Access to the subdivision can be gained from one access point on Tess Corners Drive via a new public roadway
ending in a cul-de-sac approximately 550 feet south of Tess Corners Drive.
The technical review is pending and will be forwarded once complete and the Resolution is drafted to allow
approval subject to these technical corrections being addressed before construction plans and the final plat can be
approved.
The misc. items required in the resolution are as follows:
BE IT FURTHER RESOLVED, That the preservation easements and/or wetland areas located on private
lots or close to borders of private lots will need to be lined with split rail fences as part of the subdivision
construction plans.
BE IT FURTHER RESOLVED, A Subdivider's Agreement and Letter of Credit/Bond must be approved by
the Council and all subdivision improvements made and accepted before any Final Plat approvals can be
allowed.
STAFF RECOMMENDATION PC 014-2023
Approval of Resolution #PC 014-2023
RESOLUTION #P.C. 014-2023
APPROVAL OF A PRELIMINARY PLAT FOR THE PEACH LANE SUBDIVISION
LOCATED IN THE SE % OF SECTION 2 & NE'/4 OF SECTION 11
(S69 W14105 TESS CORNERS DRIVE / TAX KEY NUMBER 2168.962)
WHEREAS, A preliminary plat was submitted by Kersten Adams of Peach Lane, LLC. for the
Peach Lane Subdivision located in the SE '/4 of Section 2 & NE % of Section 11 (Tax Key No.
2168.962), and
WHEREAS, The preliminary plat proposes nine (9) single-family lots and one (1) outlot, and
WHEREAS, The outlot within the subdivision is approximately 10.09 acres and will be reserved for
stormwater management and open space preservation, and
WHEREAS, The lots range in size between 21,877 square feet to 29,771 square feet, and
WHEREAS, The lot frontages range from approximately 120 feet to 157 feet on the straight
portion of the road and approximately 69 feet to 100 feet on lots abutting the cul-de-sac bulb, and
WHEREAS, The 2020 Comprehensive Plan shows this area as Medium Density Residential
(densities of 1.0 — 2.99 units/acre) and the proposal is lower than the density range identified, and
WHEREAS, All lot stem of a newly proposed public roadway, and
WHEREAS, The development will be serviced by municipal sewer and private water.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Preliminary Plat for the Peach Lane Subdivision, located in the SE '/4 of
Section 2 & NE '/4 of Section 11 and will be receptive to the submittal of a final plat, subject to
resolution of technical discrepancies as identified by the City Planning Department and City
Engineers, and payment of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That the preservation easements and /or wetland areas located on
private lots or close to borders of private lots will need to be lined with split rail fences as part of
the subdivision construction plans.
BE IT FURTHER RESOLVED, This approval is conditional upon all State, County, and City codes
being addressed.
BE IT FURTHER RESOLVED, A Subdivider's Agreement and Letter of Credit/Bond must be
approved by the Council and all subdivision improvements made and accepted before any Final
Plat approvals can be allowed.
BE IT FURTHER RESOLVED, All technical review comments, which are pending, must be
addressed.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 7, 2023
ATTEST: Adam Trzebiatowski, Planning Manager
`EGF"°
PRELIMINARY
PLAT
seN IXgCATES E%ISBNG SANITARY SEYIER
—— INDCATES
PROPOSED SANITARY SEWER
OF
HORIZONTAL DATUM PLANE
sr INDICATES
E%ISNNG STORM SEWER
1`
All b,urfn an rehrwaed b Grid W.M of Me %...In Slate
th In the Ead
SouM Z2, (NAD5 7), 1. —1, th
sys1/4
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------ INDICATES
PROPOSED STORM SEWER
RM
hd 2, Tom 5 Nh Eoel
line of Me S1/4 of Sec
S.E..
- - - 700- - - INDICATES
EXISHNG CONTOUR
PEACH LANE
bean NuWh OV59'19- West.
INDICATE$
INDICATES
EXISTING FIBER OPTIC UNE
EXISTING GAS MAIN
LAUDS LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 N SECTION 2 AND IN THE NORTHEAST 1/4 OF THE NORTHEAST
VERTICAL DATUM PLANE:
INDICATES
EEXISTING OVERHEAD LINES
1/4 SECTION 11, ALL IN TOWN 5 NORTH, RANGE 20 EAST, IN THE ClW OF MUSKEGO, WAUIRSHA COUNTY, WISCONSIN.
MI lone an rC—dy d b Ma National GudeHc VeWlc01 Gahm
1929
of 1929 WoukesM County ds bwgrophic d—
APPROVING AUTHORITY:
DEVELOPER
- City of Muakwe
PEACX LANE LLC
P.O. BOX 149
- PROPERTY/
R-O-W UNE
MAYWLIE, WI 53050
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TRIO ENGINEERING,LLC
410a H. CAWOUN RD. SURE 30D
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BRM V.D. WISCONSIN W05
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PNONE: (262) ]90-1480
(262) 790-1481
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TrPICAL
AGENCIES HAVING THE AUTHORTY TO OBJECT:
O 2?
VSpN CORNER EASEMENT: V
I., D.p.dmed of Ad,rmlhrr ten
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Comer Ink are herein aub)ed b a Welon Comes Ere.ment
- Wauk.h. County, Deportment M Parka oM Land U.
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APPROVING AUTHORITY:
.m
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FLOODPLAN NOTE:
Floodploin boundaries shown h.— are hosed on FENA Rwd map panel
BASBMBNT
numbs' S5133-US dated November 5, 2.11.
LEGEND:
ENVIRONMENTAL CORRDOR NOTE:
0-30' WIDE PRIVATE
sw.na.ry Enxi.wm.md CDmdar b.mdaries — h.'D. are bests On Imlef
ovailabla SEWRPC rewda and digibl ddo obtalred from Waukesha County 1,
LANDscApE EASEMENT
AND DELINEATION NOTE:
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CSN 77
DEVELOPMENT SUMMARY:
I. Tax Key No. MSKC2168962.
2. SubdMabn conbba ap nw".1Mr 17.01 Acm.
3. SubdMebn conbina 9 Lde.
A All Ida le be awed by Santiary Seser.
S. All tole to haw Underyround Telephone. EIMh, and G.a SeMm
6. Zoning = R-2 Singl. Family RnldeMlal IH Wd
]. Sto -W Whg.... t FhdHI.. are located on 000 1 of NIX
EubNMebn. The Own.' d the r dd—I Lek wHd. Mia
Suhdvbbn xh.11 esch be liable for an equal un4lddhd fradionaI
Moro of Me cesf h, rop.t, m.inbb or roabro said St—,4.r
Monw.m.nt Th 31%. M. Mk S,MM.W. Sdd repo"',
—1-- and.-1. aholl X. phn— by the Pane' of
all "' w X NIX SUMIMaI.n.
B. TM1e 0.... et all Lde within MN Sub A.. hh.11 ewh a
equal on4I44M frocxonaI Interact In 0010 1 d lhb SUbdhbion.
Waukesha Cw,Ny eM1all W be INN. tar fees apeclal dhMHX b
the event Mry be..m. M..w,er d .ny let Dr Outld In the
sabdvNb. by re.wn of b. d.nwuwcy.
9. Publb Rwda to Mve Cuorde Curb and GUNw, AspWR Pov —d
. Storm Seser.
sxip ��..--. _wnunm inns
- - ----pea_
SECONDARY ENVIRONMENTAL OORRDOR -
WETLAND PRESERVATION RESTRICTIONS:
Th. anw IdenNlled ae Secondary Emironmenhl LeMder and Welland en Mle Plal Hall be
.ub7wl to Me fal.Wq rn,1001 re:
1. Gwding, Riling vnd ..I of Iapwil ar ether wWhan mabdoM are proM1ibibd ax Pt in
u—A. MM Ma coretrudion d a prowesd grovel path, unties apeclRcally authorized by the
marsh" 11ty in which Iha land Ie — aM, If applicable, Ma Waukesha ..* D.wW of
Paha nd Land Use, Me Wlxenain aepX—d d H.h.1 R....aM Me Army Carps d
Engineers.
2. TM1e removal or destruction of any ve ""' c r i.e., trees, ahruba, I,— , sk., la
prohHdNd, hM Me exception that dead, dure.d, ore dying -.an.. may be nmov.d, al the
di.1h. of Me landowner and with app.1 from 1M WaukeeM1a Ceunly DeoadmeM Of Paha
lM Land Uu-Pbndr, ' d Zoning W U,.. SIMwit—I Mmnmg aeon fM c ram nde.h of .
oroder or nahrolid andwifh approval from Me Waukesha County Ileparlmed ft. and
land Uae-Planning and Zoning DIMdw shall ales be pmniNed. The nm.1 .f any veg.bHve
ar that IX u.eMlaNd to IF— wcees ervlu to a approved residence Or oc eaory
bullding, shall be IF --only when Me a ervlc.n wnnd be I—d outdde cof the
Sewnd.q E.d... Mal COMdu, Flwdplain mdeW ,.d and wI1M1 approml from the WaukeeM1a
Cwdy Deparlmenf of Paha and Land Use -Planning and UMN Dlvicion.
3. Grazing by -dad animals, i.e., hence, cows, Mc, is prohibited nIfhl. th. Flwdplain
d areas and shall he discouraged to Me grwted .— poesible wiMin the Swwdary
Envlronmantal COMdor area.
l The introduction of plaM mfd,l not indigenous to Me e,Ming mWronmeM is prohibited.
5. Panda may be pesmlNed wbf.d b Me opp—I of Me municipOlNy in wht.h May ore bWM
and, if applluble, the Waukesha Candy Dhwfthrt of Palo ELM Land U., the Wlwondn
Deparlmwt of Natural Rewuroes and the Amy Corps .f Engin.e'.
6. The con —all of b1061191 b prohHlfM
- TOTAL AREA = 17.01 ac
- Tess Comers Or right-of-wav - 0.48 ac
- Development Area (Site) = 16.53 ac
- Wetland Area = 1 ac
- 100-yr Floodplain = 5.46 ac
(non -Welland)
- SINGLE FAMILY LOTS = 9 Lot Plat
- DENSITY = 17.01 ac/9 lots = 1.89 ac/lot
-CURRENTZONING• RS-2
- Lot Size = 20,000 sf
- Lot Width = 110' average
-Building Setbacks
Front = 40'
- Side - 15' one side, 20' other
Rear= 20'
FAR= 25%
- Open Space = 15,000 of per dwelling unit
- Lot Requirements:
- 120' average width
- 80' width at right-of-way
- 45' width at cul-de-sac
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f3 DATE
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FEBRUARY 3, 2023
SURVEYOR'S CERTIFICATE:
I M1ereby udify fh.f WX pulimin, pIW M a co'.d rh re ufh.
of oil .dding Iand dlvlalore and t.aturee and MM I have fully
Me d the d
ch.dlXd hHh provlelona eubd]4.1.. antl p1hHug code
IM1e Clry el Muekepe.
TEE R
TM R. Ind.—M.. P.LS.
rveyor T�U SuRplefrallen Numher 5-3119
_
ENGINEERING, LLC
410D H. C—u. Rd. SXH. 3OO
B ro— . 53oM5 RI
PM1ene: (2fi2)790-1190 fax: (262)790-1181
MOB NUMBER:
22-028-1155-01
DESCRIPTION:
PRELIMINARY
PLAT
SHEET
1 OF 1
x
ej� o
\ INDICATES 100 YEAR
FLOODPWN LINE (PER
I EXISTING SITE TORO BY TRIO
ENGINEERING)
1 /
I lli
I 1
INDICATES 100 YEAR
OODPWN LINE (PER FEMA WET
6
- MAP N0. 55133C0382G ,, pOND
EFFECTIVE 11/05/2014)
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WETLAND
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INDICATES
WETIAND
« « I BOUNDARY
)Now— •INN--
0 2080
CALE: 1" = Z (22°%31°)
SCALE: 1° = 80' (11°xl ]°)
CONTRACTOR IS REQUIRED TO CONTACT DIGGERS HOTLINE TOLL
FREE TO OBTAIN LOCATION OF UNDERGROUND UT1JTIES PRIOR TO
COMMENCING THE WORK. WISCONSIN STATUTE 182.0715 REQUIRES
MIN. OF 8 WORK DAYS NOTICE BEFORE YOU EXCAVATE
CALL BI(iGIBR8 110i1.BB 1-800-242-U 1
NOTE:
EXISTING UNDERGR UTILITY INFORMATION WAS OBTAINED FROM AVAILABLE
RECORDS. THE ENGINEER MANES NO GUARANTEE AS TO THE ACCURACY OF
THIS l UNDERGROUND
ND UVATION TO THE SATISFACTION OF THE CONTRACTOR
OF ALL UNDERGROUND UA WHO, WHETHER OR NOTONT SHOWN ON THE PUNS,
SHA . BE ASSUMED AS A CONpUAN OF WE CONTRACT. TEE CONTRACTOR
H
SHALL NOTIFY THE ENGINEER Of ANY DISCREPANCIES BETWEEN LOCAIIOI OF
UHUIIES IN THE FEW AND LOCAHONS SHOWN ON THE PLANS.
5
SECONDARY —
ENVIRONMENTAL
CORRIDOR
THE KENNETH J WETS AND TRICIA"L WETS 1.2
W69S14141 TESS CORNERS DR
- MUSKEGO. WI 5315f1-3161
SECONDARY
� F . ENVIRIDRONMENTAL
COROR
82.39
F
—15' WET
OFFSET LAND
WETLAND
j%�\ i /
yam, PR. SFENPOT
«
s � — L CE
4
WIDE
i
it
VISION CORNERR—
EASEMENT (TYP.)
m- - \/
73- SST ACK 2
20'
SETBACK i
\/
EASEMENT
30 LANDSCAPE
I
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----- --7 n
JOEL M AND AUTUMN A MUELLER
�J W139S6993 SHERWOOD CIR
MUSKEGO: WI 53150-3257
1Jd>l�
------ - EXISHNG CONTOUR
- E%ISHNG SANITARY SEWER
O
- EXISTING SANITARY MANHOLE
- EXISTING WATER MAIN
17
- EXISTING HYDRANT
- EXISTIEW NG STORM SER
O
- E%I"NO STORM MANHOLE
- EXISTING STORM INLET
11
OR
- EXISTING TRANSFORMER
m
- EXISTING ELECTRIC
m
- EXISPN0 TELEPHONE PEDESTAL
E]
- ExISTING CM PEDESTAL
f
- EXISTING POWER POLE
—7q6—
- PROPOSED CONTOUR
- PROPOSED SANITARY SEWER
O
- PROPOSED SANITARY MANHOLE
- PROPOSED WATER MAIN
- PROPOSED HYDRANT
- PROPOSED WATER VALVE
- PROPOSED STORM SEWER
O
- PROPOSED STOW MANHOLE
❑
- PROPOSED STORM INLET
-PROPOSED STORM END SECTION
0
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DATE:
FEBRAURY 07, 2023
JOB NUMBER:
22-028-1155
DESCRIPTION:
PROPOSED SITE
PLAN
C1.1