Loading...
Plan Commission Minutes 20250902 ApprovedAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 09/02/2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL ue C4 of 11A SKEGO Present: Mayor Petfalski, and Commissioners Bartlett, Cieslak, Graf, Kubacki and Planner Trzebiatowski. Absent: Alderman Madden and Commissioner Buckmaster. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes from the August 5, 2025 meeting. Commissioner Kubacki made a motion to approve the August 5, 2025 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 042-2025 Approval of a Metal Accessory Structure on the Zuehlke property located at S102 W14744 Loomis Road / Tax Key No. 2264.998.005. RESOLUTION PC 043-2025 Approval of a One Lot Certified Survey Map for Daniel Scardino on behalf of the Gingerbread House located at S63 W16147 College Avenue / Tax Key Nos. 2169.986 and 2169.993.016. Commissioner Kubacki made a motion to approve consent business engross. Commissioner Bartlett seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 037-2025 Approval of a Building, Site and Operation Plan Amendment for RDCycle located at the S73 W16555 Janesville Road / Tax Key No. 2198.978. Planner Trzebiatowski explained the proposed donation bin proposal at the Muskego Laundromat property. Upon an occupancy inspection it was noticed that the bin was located there without approval. There are several of these donation bins located in different areas of the City, however none of them have been approved and there is nothing in the Ordinance that allows these boxes by right. They may be allowed as outdoor display and storage with approvals. This is the first donation box to apply to be approved. The bin will be located in the front corner of the site close to the car wash lane and when the original approval was granted there wasn't any outdoor storage or display requested or approved. This is a commercial property and another commercial use can be allowed on the property but the business is not based on the property as it is an unmanned donation box. The Plan Commission is asked to consider whether another commercial use should be allowed being a non -occupant user on the site. Another aspect is location and how visible these should be. Relating to another user would be Kwik Trip where the ice bin had to be painted to match the color scheme of the building. The loss of parking is not an issue here as there is sufficient parking. The General Design Guide talks about enhancing and unifying visual character while avoiding repetition and monotony. It also talks about fostering an attractive and quality development. The donation bin will be 45 inches by 43 inches by 76 inches. It would be painted green with stickers identifying what is acceptable and the company name. We need to be sure the appearance is kept up and from the photos the appearance looks good but there are other bins in and out of the City that are not kept up as nice. So, if the Plan Commission is going to allow bins how do we ensure that it looks good at all times. A common problem that happens with these donation bins is that they get full and so there are donation items around the bin and people put things there that aren't supposed to be there that don't fit and there ends up to be a pile next to the bin. The petitioner stated there will be weekly pickups and they offer a 24-hour notice for emergency pick-up if needed. Staff concern is how, or who notifies them of the emergency pickup. The petitioner said that the owner could alert them, but being that the laundromat is a self-sufficient business there is doubt that the owner is there all the time. The owner talked about installing cameras or sensors, but if there is a problem, how quick is the problem resolved. This discussion may also apply for any future donation boxes that come forward for approval in the future. Some of these donation bin companies are for -profit and some are not -for -profit and some communities treat them differently. Our Ordinance does not talk about that. The Resolution is written for approval with an annual review to ensure there aren't any issues and if there are issues in the future that this approval may be reconsidered. Also in the Resolution is that the bin must be inspected at each pick-up to ensure that it remains in good condition and any repairs must be done within three days. Commissioner Kubacki asked how long the bin has been at that location. The petitioner, Darren, said it has been there for over two years. Commissioner Kubacki asked how many of the bins he has in the area. The petitioner said a couple hundred. Commissioner Kubacki asked if they were all painted the same and the petitioner said they have a couple different colors and for a startup business he purchased whatever bins he could. Commissioner Graf asked what else could fit into this category as an additional business not being adjacent to the building but on site. Mayor Petfalski said a food truck would be similar and Planner Trzebiatowski added that Goodwill used to have a shed before they had a building that would come back annually because there were issues with donated items being outside. Planner Trzebiatowski also mentioned propane or ice although the store is still selling the goods it is a different vendor. Mayor Petfalski said this is new ground and what about if someone wanted to add a self-contained vending machine that sold bait or anything else. Commissioner Cieslak said that he is concerned that this opens the door for a lot of different things that could be located throughout. Mayor Petfalski said that the Plan Commission may want to consider for -profit vs. nonprofit. Not sure how it will weigh, but something to consider. Mayor Petfalski asked what is done with the donated items. The petitioner said it varies and last winter they supplied nonprofits with thousands of boots that were dispersed in Wisconsin for free. Mayor Petfalski asked then the things that they are making money on, are they reselling them? The petitioner said yes, similar to a thrift store. Mayor Petfalski said another thing to look at would be the same as food trucks. One of the reasons when they started managing and regulating food trucks was that they are competing against existing and/or future brick and mortar business that are contributing to the tax base. So if we get a resale shop in, then they would be competing against these donation bins. Commissioner Graf asked if they are contracting with the business owner. The petitioner said they have permission from the owner. Commissioner Graf asked if the owner would agree to have the donation box put up adjacent to the building. The petitioner said it may be possible, but where it is now is where the owner wanted it to go. Commissioner Graf asked about the choice of color and the petitioner said he could place a different color box if that is what the Plan Commission wanted. Commissioner Graf said that with ice and propane, the business deals with the contractor and the business owner would be adding that to their business where this case is different. A decision here could have impact that could have vending machines or whatever all over and this should be codified or built into the business arrangements, and he thinks they need to be controlled. Commissioner Cieslak said that what the Plan Commission does will impact other donation centers even though Goodwill is no longer there, but there are two things to consider. The first is that in some communities people just drop off stuff even though this is for textiles and cloth there are bins that people place there even though it may not be donated, but it is the path of least resistance and they just put their stuff there and let someone else figure it out. The other thing is that this opens the box for many other types of uses and it is along Janesville and it is very prominent. If this is approved, maybe these belong in a place less visible to the street and people will find it when they need it, but they would not be so prominent in front of the building. Commissioner Bartlett looks at this similar to other processes in place. Like propone, the aesthetics are regulated by Plan Commission. This building was approved two years ago and if this would have come in at the same time, the Plan Commission would have at least regulated the appearance of the bin and probably would have had colors matching the building as opposed to the green. I don't know if the Plan Commission would have required the bin in the back of the building, but the Plan Commission controls the aesthetics. The petitioner has a contract with the owner and there are the checks and balances in place. He doesn't look at this much differently than fireworks or garden centers that are allowed over summers and they are not scrutinized over aesthetics, although they are more temporary, but they can be unsightly also. If this had come in during the building approval, he's sure it would have had to match the colors but moved on. Commissioner Graf asked if the Plan Commission would have allowed it in the parking lot. Commissioner Bartlett said he thought it would have been allowed in the front of the building. Commissioner Graf agreed and it loses some of its prominence, but that is the objective. Planner Trzebiatowski added that the newer outdoor areas were allowed outdoor sales on a curbed surface between the pumps, not on the ground from a snow removal standpoint. Maybe that could be something to consider. Commissioner Graf asked how the snow removal will work here. The petitioner noted that the plow does his job and they have snowblowers to clean them out so it is easy to walk to. Commissioner Bartlett agreed that it should be on a curbed surface as mentioned since there could be more of these automated businesses. Commissioner Kubacki said his preference is would be colors to match the building and then flush against the building, not in the parking lot. The pictures show there is a raised area with plantings that look much more suitable than along Janesville Road. The petitioner asked what color they would want it to be. Plan Commissioners the color should match the building. Commissioner Graf said this is no different than the ice container or propane bins that are out there. It is adjacent to the building and doesn't catch your eye as for the color and it satisfies the location. The petitioner said that when the box is against the building it becomes an issue servicing it if people are parked in front of the bin. A parking stall may need to be required to be striped as `no parking'. Commissioner Cieslak said the bigger issue is that the Plan Commission has required other businesses like the ice machine and propane make the color fit the aesthetics of the building. And now it seems to be circumventing that approval process. Mayor Petfalski didn't agree and as this is being reviewed now similar to existing policies. Mayor Petfalski asked the Commissioners if they are OK with the donation bin overall with certain restrictions. Majority were OK with it being on -site. Mayor Petfalski then asked about location. Commissioner Graf said against the building would be OK, but suggests that the Plan Commission defer and see if the petitioner can work it out. Commissioner Kubacki said that he has difficulty with a for -profit business, granted they have made some donations, that is not associated with the building itself not having that tie to the building. Commissioner Cieslak agreed and that monitoring is going to be an issue. It is not part of the original business and there is no checks and balances making sure that things are done. He has seen too many of these bins in other communities get so full of junk and then these are just an eyesore. The Mayor asked if there is a petition next month with the owner of the building as the petitioner, would that be ok. Commissioner Kubacki said it would because there is some ownership and the site would remain more closely monitored if the business owner had an interest in the unit. Commissioner Bartlett asked if the petitioner had a contract with the owner of the property. The petitioner said he did. Commissioner Bartlett said that it is just like another tenant. Mayor Petfalski said he agreed that it is just like another tenant, but is it the type of use that the Plan Commission should allow. Commissioner Bartlett asked that through vetting this petition, what would make this different than a garden center, fireworks store, propone tank store, vending machine, etc. Every one of those uses may come before the Plan Commission. Commissioner Cieslak said that the other approvals are temporary. Commissioner Cieslak asked if the donation bins could be inside a building. The petitioner said these bins are all they have. Mayor Petfalski asked if the building owner was the applicant would that alleviate concerns. Commissioner Kubacki has those concerns, but if this unit were abutting the building with colors matching the building and inspections were more frequent than annual inspections he would be ok with an applicant coming from the building owner. Commissioner Graf asked about a co-authored applicant. Planner Trzebiatowski said there was something submitted from the owner that he is aware and is ok with the storage bin. Mayor Petfalski asked if they are in violation and stuff is piled up, who gets the citation. Planner Trzebiatowski said it could be either the owner or the tenant. Commissioner Kubacki is more comfortable with that now. Commissioner Cieslak said that he thinks its unfair that all the other businesses have had to go to Plan Commission and now the Plan Commission is short-circuiting that and in the future what will there be that the Plan Commission is not thinking about now and there is a precedence. Planner Trzebiatowski asked the petitioner if he had any issues with the donation bins being on fire. The petitioner said he did not. Mayor Petfalski said he would like to see the petition come from the brick and mortar owner and then the same that would have been reviewed initially including location, aesthetics, etc. Ultimately, he thinks this should be deferred until everything can be worked out before moving forward. Commissioner Graf made a motion to approve Resolution PC 037-2025. Commissioner Kubacki seconded. Commissioner Graf made a motion to defer Resolution PC 037-2025. Commissioner Bartlett seconded. Motion to defer passed unanimously. RESOLUTION PC 038-2025 Recommendation to Common Council to amend the Zoning Map and the 2020 Comprehensive Plan for the City of Muskego for a portion of a lot located at S75 W13880 Bluhm Court / Tax Key No. 2207.051.001. Planner Trzebiatowski explained that the applicant purchased an area adjacent to his property from the City for a basketball court. Because it was being used passively it wasn't initially rezoned, but now they are looking to add an outbuilding which is not passive and are asking for the rezoning and Comprehensive Plan amendment. There was a public hearing at the last Council meeting and there were no concerns. Commissioner Bartlett asked if the outbuilding will be attached or detached. Planner Trzebiatowski said it would be detached and will need to meet all of the setbacks, offsets and architectural requirements required by the Code. Mayor Petfalski asked if there were any restrictions put on the property when it was purchased from the City. Planner Trzebiatowski said he wasn't aware of any and didn't think so since the petitioner paid a fair price for the property. Commissioner Kubacki made a motion to approve Resolution PC 038-2025. Commissioner Bartlett seconded. Motion to defer passed unanimously. RESOLUTION PC 039-2025 Approval of a Building, Site and Operation Plan Amendment for Robert Bleck on behalf of Jackson's located at S64 W15591 Commerce Center Parkway / Tax Key No. 2166.997.008. Planner Trzebiatowski explained that Jackson's Chips is adding on to the back of the building to store new and used oil. The addition compliments the existing building with precast panels with design and colors matching the existing building. The back of the building are large truck bays so all Code requirements are still met to get around the building safely. The petitioner noted that there may be a couple changes. The first being the overhead door may be eliminated, which was to take deliveries and there may be a dock door and no ramp to match the others. The biggest change may be that the building height may come down from the maximum of 40-feet. Lastly there may be a window added. Mayor Petfalski said those minor changes could be resolved at the staff level without going back to Plan Commission. Commissioner Graf made a motion to approve Resolution PC 039-2025. Commissioner Kubacki seconded. Motion to approve Resolution PC 039-2025 passed unanimously. RESOLUTION PC 040-2025 Approval of a Building, Site and Operation Plan for Inpro located at S80 W18766 Apollo Drive / Tax Key No. 2225.090. Planner Trzebiatowski provided an overview of the project. This project is an expansion of the cafeteria area. The expansion will not extend beyond the parking lot edge. The building design is meant to be a showpiece using this as the entry with the Inpro blue color. The General Design Guide requires 50% masonry and this expansion is nearly all metal panels and glass. However, the buildings that this is connected to are nearly 100% masonry on this elevation so there are no concerns. Commissioner Kubacki made a motion to approve Resolution PC 040-2025. Commissioner Graf seconded. Motion to approve Resolution PC 040-2025 passed unanimously. RESOLUTION PC 041-2025 Approval of a Building, Site and Operation Plan Amendment for the Woodcrest Apartments located at S86 W18600 Jean Drive / Tax Key No. 2223.026. Planner Trzebiatowski explained that the Woodcrest Apartments are unique in that there are six apartment buildings on separate lots with multiple owners. Right now each apartment building has their own garbage enclosure for their tenants. The petitioner is working with all the other owners to have one single enclosure on the far eastern edge of the site to limit the travel and minimize the damage and asphalt repair from the garbage truck. The enclosure will be wood panels with a matching gate. One of the other owners discussed with staff some concerns they may have; therefore this petition may need to be deferred. Planner Trzebiatowski suggested maybe getting something signed from all building owners that they are in favor of the petition. Commissioner Kubacki said that he was wondering about the logistics of all tenants sharing one enclosure and believes that this should be discussed mutually. The petitioner, Phil Price, said that they had an owners meeting with a quorum and they all said ok for the project including the location and looks. He is unaware of who decided it is too far to carry their garbage. Many other complexes have a single site where they all haul their garbage. The garbage truck has wreaked havoc on the parking lot for years. You can't really move the container anywhere else except where they have it. Where he wants the dumpster is solid ground. Whoever is complaining that they have to haul their garbage, well that's how its going to have to be. Commissioner Kubacki noted that the petitioner said they had a quorum, but he would rather have unanimous approval from the owners. The petitioner said he has the minutes of the meeting with a quorum. Commissioner Kubacki said if he was the owner of the far western building that he would object to this. Planner Trzebiatowski said that there could be an option with one on the east and one on the west. From another owner they said that weren't against this, just that there were some things that needed to be worked out and thought this was happening a bit too fast. Mayor Petfalski asked how their operating agreement worked. We need a copy of the operating agreement so rights aren't being taken away from some and maybe all they need is a quorum. If it doesn't say that then unanimous agreement is needed. He understands the issue but concerns of placing their garbage outside and running it over in the morning is valid. This needs to be part of the BSO. The most important thing is getting a copy of the agreement and having the City Attorney look at it. Commissioner Kubacki made a motion to approve Resolution PC 041-2025. Commissioner Graf seconded. Commissioner Bartlett made a motion to defer Resolution PC 041-2025. Commissioner Graf seconded. Motion to defer passed unanimously. RESOLUTION PC 044-2025 Approval of a Final Plat for the Kirkland Crossing Subdivision located at S63 W17271 College Avenue and vacant parcels / Tax Key Nos. 2173.998, 2170.991, 2173.997, 2173.996.001, 2173.995.001, 2176.999.003 and 2173.995. Planner Trzebiatowski provided an overview of the plat. Just for history, in August 2021 the Plan Commission saw the preliminary plat, rezoning and Comprehensive Plan Amendment. There were small changes with additional land added and so a revised plan, which reflects the Final Plat now was approved in January and February 2022. Due to an expiration in the Code, there is a reapproval in April 2025. In February this year the Developer's Agreement was signed and executed. The preliminary plat has 139 single-family lots. The first phase of the final plat includes 68 lots and 8 outlots. A few of the outlots are the future phases of the development that were part of the preliminary plat. The Plan Commission is a recommending agency with respect to the design and layout of the final plat. Plan Commission should make sure the final plat conforms to the preliminary plat and any conditions that were approved with the preliminary plat are applied to the final plat. Normally projects are 80 to 90 percent complete and this final plat is a bit earlier that we normally see. The plat is substantially similar to what is on the preliminary plat. So per the municipal code, after the required improvements have been installed by the subdivider and accepted by the Common Council and then the final plat is approved by the Common Council, then the City Treasurer is allowed to sign the plat, which allows it then to be recorded. Additionally, the Developer's Agreement states that the lots in the subdivision cannot be sold until final acceptance of the improvements have been granted by the City unless otherwise expressly approved in writing by the Common Council and until the final plat has been recorded. Commissioner Bartlett asked about the environmental corridor deep into several lots and he noticed in the documents a split rail fence will be installed and that anyone who buys the lot cannot develop or do anything beyond that split rail fence. Is that consistent with what has been done in other subdivisions? Planner Trzebiatowski said that this practice was started approximately 10 years ago. The problem was when the developer is gone or a second owner is there and there are preservation easements on the lot that people realize that there is something there. There is standard language that the HOA is responsible for the fences in perpetuity. There are openings in the fence so people can go into the outlots and preservation easements, but the fences discourage damage around wetlands or wooded areas. Commissioner Bartlett asked if the fence would be installed prior to final approval. Planner Trzebiatowski said he believed so, but would need to see the language in the Developer's Agreement. Commissioner Kubacki made a motion to approve Resolution PC 044-2025. Commissioner Graf seconded. Motion to approve Resolution PC 044-2025 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Kubacki made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner