PCR2009032
RESOLUTION #P.C. 032-2009
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP AND AMENDMENT TO GRADING PLANS FOR
THE MUSKEGO COMMERCE CENTER EAST LOCATED IN THE NW ¼ OF SECTION 2
(TAX KEY NOs. 2169.999.003 & 2166.997)
WHEREAS, On March 24, 2009 a Certified Survey Map was submitted by Interstate Partners LLC for a two
(2) lot land division and grading plan alteration located in the NW ¼ of Section 2 (Tax Key Nos. 2166.997
& 2169.999.001), and
WHEREAS, The CSM is establishing the end cul de sac bulb for the Commerce Center east, the outlot for
the stormwater improvements for the development, and the eastern most lot for future business
development, and
WHEREAS, All improvements as required by this CSM (grading, utilities, and roads) will require a
Developer’s Agreement and Letter of Credit before the Common Council before any construction begins in
this area, and
WHEREAS, Commerce Center East construction plans (roads, grading, utilities, etc.) have been approved
for Phase 1 in 2008. Phase 1 construction was for the lands west of what is depicted on the CSM, which
included the Wal-Mart property, and
WHEREAS, As part of the originally approved Commerce Center East improvements, a line of trees was
to be left in place behind where Wal-Mart is to be built, and
WHEREAS, Wal-Mart currently will have to build a screening wall along the entire rear of their property
and behind this wall was to exist a retaining wall and the row of trees that exists today, and
WHEREAS, Commerce Center East is proposing that the retaining wall and row of trees be removed,
being replaced with simple grading up to the screening wall that would still remain, and
WHEREAS, Approximately 50 trees and a variety of shrubs would also be added back to the area, and
WHEREAS, The original intent of preserving the tree line behind Wal-Mart was to screen the commercial
use in the event that residential lots ended up behind, however, the City has since allowed the lands behind
Wal-Mart to be rezoned to Business Park uses and a new, larger screening landscaped berm will be
installed further east abutting the Glenbrook Subdivision, and
WHEREAS, The City Forester has reviewed the existing tree line and didn’t note that trees would be a loss
as the future grading in the area will most likely disturb the trees to the point of failure at some time
anyway, and
WHEREAS, Said properties are zoned BP-3 Business Park District and the parcels meet said minimum
zoning requirements, and
WHEREAS, The 2010 Comprehensive Plan depicts this area as business park uses and the proposal is
within this goal, and
WHEREAS, The Certified Survey Map depicts land dedications for right-of-way in conformity with the 2010
Street System Plan, and
WHEREAS, Stormwater will be utilized on Outlot 1, and
WHEREAS, The lots will be served with public sanitary system water.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map
submitted by Interstate Partners LLC for a two (2) lot land division and revised grading plan located in the
NW ¼ of Section 2 (Tax Key Nos. 2166.997 & 2169.999.001), subject to resolution of technical
discrepancies as identified by the City Engineer, and payment of all applicable fees in Section 18.14(3) of
the Land Division Ordinance and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, That construction plans are approved by the Public Works and Utilities
Committees before the approval of the Certified Survey Map before Council.
BE IT FURTHER RESOLVED, That a Developer’s Agreement and Letter of Credit be approved by the
Common Council for the public improvements required to support the grading and infrastructure
development in this area shown on the Certified Survey Map.
BE IT FURTHER RESOLVED, That all technical corrections will need to be addressed before the Certified
Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, That 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: April 7, 2009
Defeated:
Deferred:
Introduced: April 7, 2009
ATTEST: Kellie McMullen, Recording Secretary
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