PCR2014036AMENDED
RESOLUTION #P.C. 036-2014
APPROVAL OF A CONDITIONAL USE GRANT AND A BUILDING SITE AND
OPERATION PLAN AMENDEMENT FOR ADVANCED DISPOSAL EMERALD PARK LANDFILL
LOCATED IN THE NE ¼ & SE ¼ OF SECTION 35
(LOOMIS DRIVE / TAX KEY NO. 2297.997)
WHEREAS, On April 24, 2014 plans were submitted by Fox Valley Retriever Club Inc. (FVRC) for a
Conditional Use Grant (CUG) and a Building, Site and Operation Plan Amendment for the operations of a
dog training facility for the property located in the NE ¼ and SE ¼ of Section 35 (Loomis Drive / Tax Key
No. 297.997), and
WHEREAS, The property is owned by Advanced Disposal Emerald Park Landfill LLC and the Fox Valley
Retriever Club Inc. is going to be leasing the property for dog training purposes, and
WHEREAS, Said property is currently zoned A-1 Agricultural District and said use as a dog training facility
is a permitted use with a Conditional Use Grant and Building Site and Operation Plan approval, and
WHEREAS, The site currently is vacant and contains various areas of farmed fields, wetlands, and
woodlands, and
WHEREAS, The FVRC would like to starting using this facility for training beginning in June 2014, after
the first hay crop is removed, and
WHEREAS, The FVRC will use this property for training one (1) to two (2) days per week, as crop and
field conditions allow, and
WHEREAS, Training will typically occur from March through the end of September, only during daylight
hours, and
WHEREAS, There will not be any weekend long or larger training events held at this property, and
WHEREAS, Training sessions typically start at 4:30PM on weekdays and at 8:00AM on Saturdays (with
two sessions occurring) and last for two (2) to three (3) hours per session, and
WHEREAS, Typical training sessions are attended by four (4) to ten (10) handlers and their dogs and no
more than two (2) dogs per handler are allowed, and
WHEREAS, Training bumpers and frozen dead birds are used for training purposes, and
WHEREAS, The use of noise making devices are used in training such as whistles, duck calls, goose
calls, starter pistols, and 12 gauge blanks (poppers), and
WHEREAS, No live ammunition is allowed on the property and no hunting is allowed on the property, and
WHEREAS, A gravel driveway has been installed off of Loomis Drive and a gate and fencing have been
installed adjacent to the roadway, and
WHEREAS, The fencing and gate were installed within the right-of-way, and
WHEREAS, There is no formal parking lot, but the petitioner has stated that parking will occur near each
training setup and will be on and along the field road in these areas, and
WHEREAS, There are some areas of wetlands on the property that may need to be crossed, and
WHEREAS, A 24” x 36” sign is being proposed to identify the property but the location of this sign has not
yet been identified, and
WHEREAS, No storage of any type is proposed on site when training is not occurring.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant and
Building, Site and Operation Plan amendment submitted by the Fox Valley Retriever Club for the
Advanced Disposal Emerald Park property located in the NE ¼ and SE ¼ of Section 35 (Loomis Drive /
Tax Key No. 2297.997).
BE IT FURTHER RESOLVED, That there shall be no on-site activities occurring after 8:00PM.
BE IT FURTHER RESOLVED, That the fence and gate, currently found in the right-of-way, may stay but
the petitioner must file and record a Revocable Occupancy Permit with the City Engineer by June 30, 2014
to continue the allowance.
BE IT FURTHER RESOLVED, That all signage will require a permit through the Planning Department and
the exact signage location and details must be included.
BE IT FURTHER RESOLVED, That no structures, temporary or permanent, are allowed on the property
and no tents/canopies are allowed overnight.
BE IT FURTHER RESOLVED, That storage of any materials, supplies, vehicles, equipment, dumpsters,
etc. will not be allowed on the property when active training is not occurring.
BE IT FURTHER RESOLVED, That there cannot be any weekend long or larger training events or test
held at this property without further Plan Commission approvals.
BE IT FURTHER RESOLVED, That no disturbance, filling, grading, or driving through any wetland area is
allowed unless specific approvals from the DNR and the City are first granted.
BE IT FURTHER RESOLVED, That since there is at least one wetland crossing needed as part of the use
of this site, the applicant will need to provide the City with either approvals from the DNR to allow crossing
of the wetland as-is or approval from the DNR to build/install a new wetland crossing (i.e. culvert or fill).
BE IT FURTHER RESOLVED, Until one of the wetland crossing options is satisfied, the use of the site
beyond the wetland crossing cannot be used for training or driving purposes.
BE IT FURTHER RESOLVED, That a log book must be kept of all activity on the property.
BE IT FURTHER RESOLVED, That the property lines must be identified by markers every 100 yards
or so.
BE IT FURTHER RESOLVED, That a seasonal review will be required to evaluate the summer/fall 2014
use of this site, which will occur at the October 2014 Plan Commission meeting.
BE IT FURTHER RESOLVED, That an annual review will be required in the spring of each year to make
sure that the use is staying within their approval and to evaluate any possible concerns that may have
been raised.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Community Development
Department and that 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 Commission
City of Muskego
Adopted: June 3, 2014
Defeated:
Deferred:
Introduced: June 3, 2014
ATTEST: Kellie McMullen, Recording Secretary