PLAN COMMISSION Packet - 3/3/2020CITY OF MUSKEGO
PLAN COMMISSION AGENDA
03/03/2020
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 from the February 4, 2020 meeting.
CONSENT BUSINESS
RESOLUTION PC 006-2020 Approval of an Annual Review for Frey Auto located at S106
W16301 Loomis Road / Tax Key No. 2293.996.002.
RESOLUTION PC 007-2020 Approval of an Annual Review for the Durham Hill Auto
property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002.
RESOLUTION PC 008-2020 Approval of an Annual Review for Schaefer Snowplowing and
Grading LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998.
RESOLUTION PC 009-2020 Approval of a Bi-Annual Review for outdoor storage for Ralph
W. Raush at the property located at S83 W18550 Saturn Drive / Tax Key No. 2223.003.
RESOLUTION PC 010-2020 Approval of a Bi-Annual Review for the RD Meyer Mini
Storage property located at W145 S6550 Tess Corners Drive / Tax Key No. 2165.998.012.
RESOLUTION PC 011-2020 Approval of a Bi-Annual Review for the George Alex property
located at S98 W12712 Loomis Drive / Tax Key No. 2257.984.001.
RESOLUTION PC 012-2020 Approval of a review six months after occupancy for Pinnacle
Peak located at W182 S8320 Pioneer Drive / Tax Key No. 2223.999.
RESOLUTION PC 013-2020 Approval of the sale of Fireworks for American Fireworks and
Novelties LLC at the Jetz Fuel property located at S69 W15461 Janesville Road / Tax Key
No. 2167.995.011.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 005-2020 Approval of an Annual Review for the Loomis Court LLC.
property formerly known as the George Alex / Robert Jacob property located at S98
W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001.
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Plan Commission Agenda 2
3/3/2020 6:00:00 PM
RESOLUTION PC 014-2020 Recommendation to Common Council to Rezone a property
from B-2 Local Service District to B-4 Highway Business District for D&K Seasonal Services
located at S80 W19025 Janesville Road / Tax Key No. 2225.984.
RESOLUTION PC 015-2020 Approval of a Metal Accessory Structure for Steve Stack
located at S63 W15425 College Avenue / Tax Key No. 2166.997.005.
RESOLUTION PC 016-2020 Approval of a Building, Site and Operation Plan Amendment
for Alliance Construction & Design Inc. located at S73 W16555 Janesville Road / Tax Key
No. 2198.978.
RESOLUTION PC 017-2020 Recommendation to Common Council to amend Chapter 400
of the Municipal Code Sections 400-15, 400-17, 400-29, 400-31, 400-42, 400-62, 400-76,
400-159, 400-166, 400-181, 400-190, 400-193, 400-216.
MISCELLANEOUS BUSINESS
April 2020 Plan Commission Meeting Date
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 COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
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UNAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
02/04/2020
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Commissioners Oliver, Jacques, Bartlett, Buckmaster, Graf and
Planner Trzebiatowski.
Absent: Alderman Kubacki
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 3, 2019 meeting.
Commissioner Buckmaster made a motion to approve the minutes of the December 3, 2019
meeting. Commissioner Jacques seconded. Motion passed unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 001-2020 Approval of an Accessory Structure for Daniel Lentz located at
S94 W13710 Ryan Drive / Tax Key No. 2255.982.002
Planner Trzebiatowski provided an overview of the project. The accessory structure will
have a metal roof and siding along with complementary colors and decorative features to
keep a residential character.
Commissioner Jacques made a motion to approve Resolution PC 001-2020. Commissioner
Buckmaster seconded. Motion passed unanimously.
RESOLUTION PC 002-2020 Approval of a three-lot Certified Survey Map for Tim Dillett
located at W145 S7644 Durham Drive / Tax Key No. 2204.998.
Planner Trzebiatowski provided an overview of the land division. A 2-lot Certified Survey
Map was previously approved for this property and are looking to create three lots via
Certified Survey Map replacing the previously approved CSM. Sanitary sewer is required for
this land division within easements on the property. A draft grading plan has been
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Plan Commission Minutes 2
2/4/2020 6:00:00 PM
submitted and is under review by the engineering department to ensure storm water stays
on the property and leaves at the roadway, not adjacent properties.
Commissioner Jacques made a motion to approve Resolution PC 002-2020. Commissioner
Graf seconded. Motion passed unanimously.
RESOLUTION PC 003-2020 Approval of a Building, Site and Operation Plan Amendment
for Blue Line Auto Wholesalers LLC located at S83 W18350 Saturn Drive / Tax Key No.
2223.001.
Planner Trzebiatowski provided an overview of the business operations. Additional outdoor
parking is proposed for vehicle sales parallel and alongside the edge of the pavement. This
parking area must be striped and must maintain the 24’6” drive aisle for two-way traffic. The
applicant is requesting the row of parking to be six feet in width for parked vehicles for sale.
Commissioner Buckmaster believes that the Plan Commission has allowed similar
allowances in the past in the industrial park.
Commissioner Bartlett made a motion to approve Resolution PC 003-2020. Commissioner
Jacques seconded. Motion passed unanimously.
RESOLUTION PC 004-2020 Approval of a Building, Site and Operation Plan Amendment
for Waldera Enterprises LLC located at S83 W18390 Saturn Drive / Tax Key No. 2223.001.
Planner Trzebiatowski provided an overview of the business operations. The proposal is to
allow for a new towing business and allocates specific stalls behind the building for vehicles
that have been towed until such time as the owner arrives to retrieve their vehicle. Two
stalls are identified in the rear in the rare case that a truck needs to be parked there.
Commissioner Jacques made a motion to approve Resolution PC 004-2020. Commissioner
Bartlett seconded. Motion passed unanimously.
MISCELLANEOUS BUSINESS
General Design Guide update
Planner Trzebiatowski explained that a table that was included in the General Design Guide
is inaccurate and after discussion with the City Attorney it was determined that this table
should be removed to keep the bulk requirements in the Code rather than the Design Guide.
The Plan Commission meeting in April coincides with election day and the main meeting
room will be used for voting. Staff is looking to possibly change the Plan Commission
meeting date or location and further communications will be forthcoming.
ADJOURNMENT
Commissioner Buckmaster made a motion to adjourn. Commissioner Jacques seconded.
Motion passed unanimously.
Respectfully Submitted,
Aaron Fahl
Associate Planner
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City of Muskego
Plan Commission Supplement PC 006-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for Frey Auto
S107 W16311 Loomis Road / Tax Key No. 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 006-2020
Petitioner received an amended approval in Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014
and #P.C. 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 006-2020
An inspection was completed on February 21, 2020 and compliance was not found. The issues/violations
were as follows:
• There were junk/wrecked vehicles throughout the site,
• There were various vehicle parts around the site,
• There were cars double parked and/or parallel parked in locations that they are not allowed and
in some cases were impeding access through the site
A letter was sent to the business owner identifying the issues and a follow inspection was conducted on
February 27, 2020 and the site was in compliance.
STAFF RECOMMENDATION PC 006-2020
Approval Resolution # PC 006-2020
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RESOLUTION PC 006-2020
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MUSKEGOthe City of
Area of InterestI0310620
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 006-2020
Frey AutoS106 W16301 Loomis Road
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RESOLUTION PC 006-2020
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RESOLUTION #P.C. 006-2020
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 ¼ & SE ¼ 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, A site inspection was conducted in February 21, 2020 and there were issues/violations
found on site, and
WHEREAS, The issues/violations were as follows:
There were junk/wrecked vehicles throughout the site,
There were various vehicle parts around the site,
There were cars double parked and/or parallel parked in locations that they are not allowed
and in some cases were impeding access through the site, and
WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection was
conducted on February 27, 2020 and the site was in compliance at that time.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Frey Auto,
subject to compliance with all Conditional Use Grant conditions of approval and those found below.
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: March 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 006-2020
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City of Muskego
Plan Commission Supplement PC 007-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for Durham Hill Auto
S98 W12608 Loomis Drive / Tax Key No. 2257.982.002
NE ¼ of Section 25
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 007-2020
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 007-2020
An inspection was completed on February 21, 2020 and compliance was not found as there were
vehicles found 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 February 27, 2020 and the site was in compliance at that time. The resolution is
drafted for approval.
STAFF RECOMMENDATION PC 007-2020
Approval of Resolution # PC 007-2020
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RESOLUTION PC 007-2020
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MUSKEGOthe City of
Area of InterestI0170340
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Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 007-2020
Durham Hill AutoS98 W12608 Loomis Drive
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RESOLUTION PC 007-2020
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RESOLUTION #P.C. 007-2020
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 ¼ 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, 2020 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 February 27, 2019 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 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 007-2020
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City of Muskego
Plan Commission Supplement PC 008-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC
W195 S9775 Racine Avenue / Tax Key No. 2274.998
NW ¼ of Section 29
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 008-2020
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 Resolutions #155-
1990 and 012-2004. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 008-2020
Comprehensive Plan: The 2020 Plan depicts the area for agriculture and open lands use. The use
as a business existed and is consistent with the Plan.
Zoning: The property is zoned A-1 Agricultural District. The proposal is consistent
with the Municipal Code and past petitions.
DISCUSSION PC 008-2020
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, 2020 and the site was in compliance. Any larger trucks were
parked way back by the building or in the building.
STAFF RECOMMENDATION PC 008-2020
Approval of Resolution PC 008-2020
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RESOLUTION PC 008-2020
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MUSKEGOthe City of
Area of InterestI0470940
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 008-2020
Schaefer Snowplowing and Grading LLCW195 S9773 Racine Avenue
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RESOLUTION PC 008-2020
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RESOLUTION #P.C. 008-2020
APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING AND
GRADING LLC LOCATED IN THE NW ¼ OF SECTION 29
(W195 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 W195 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, 2020, 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 W195 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 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 008-2020
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City of Muskego
Plan Commission Supplement PC 009-2020
For the meeting of: March 3, 2020
REQUEST: Approval of renewal for outdoor storage for Lake and Country Storage
S83 W18550 Saturn Dr / Tax Key No. 2223.003
SW ¼ of Section 16
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 009-2020
Petitioners received approval through a series of PC Resolutions (#65-89, #199-90, #201-93) to
conduct a mini-warehouse facility with outdoor storage. The outdoor storage is limited to five (5)
wheeled vehicles along the north lot line, and no vehicle is to exceed six feet in height. Two-three
vehicles are allowed for Dan Plautz cleaning service as well. An annual review has been required
in the past.
STAFF DISCUSSION PC 009-2020
A site inspection was conducted on February 21, 2020 and compliance was found.
STAFF RECOMMENDATION PC 009-2020
Approval of Resolution # PC 009-2020
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RESOLUTION PC 009-2020
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MUSKEGOthe City of
Area of InterestI0150300
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 009-2020
Ralph RaushS83 W18550 Saturn Drive
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RESOLUTION PC 009-2020
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RESOLUTION #P.C. 009-2020
APPROVAL OF RENEWAL OF OUTDOOR STORAGE FOR RALPH W. RAUSH AT THE
PROPERTY LOCATED AT S83 W18550 SATURN DRIVE
(LAKE & COUNTRY STORAGE - TAX KEY NO. 2223.003)
WHEREAS, On May 2, 1989 the Plan Commission, adopted a Building Site and Operation Plan through
Resolution #P.C. 65-89, and amended that Plan through Resolutions #P.C. 199-90 and Resolution #P.C.
201-93, and
WHEREAS, Only five (5) wheeled vehicles (vehicles, trailers, boats) may be stored at this location and
must be located along the north lot line, parallel parked and no higher than six (6) feet with an annual
review in the March Plan Commission meeting, and
WHEREAS, A site inspection was conducted on February 21, 2020 and compliance was found on site,
and
WHEREAS, Parking along the west lot lines is not allowed per the Fire Department’s determination from
2006, and
WHEREAS, No complaints were received by the Planning Department during the past year.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the renewal of outdoor storage for
Lake & Country Storage, Inc., located at S83 W18550 Saturn Drive.
BE IT FURTHER RESOLVED, That the yearly review will occur every two years.
BE IT FURTHER RESOLVED, That all aspects of this building, site and operation plan, as they relate to
the building, parking and drive areas, landscaped areas and signage shall be maintained in perpetuity
unless otherwise authorized by the Plan Commission.
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 Department
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 009-2020
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City of Muskego
Plan Commission Supplement PC 010-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for RD Meyer Mini Storage
Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive
NE ¼ of Section 2
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 010-2020
The Plan Commission approved a Building, Site, and Operation Plan for R.D. Meyer & Associates, Inc. for the
property in the Tess Corners Industrial Park located at W145 S6550 Tess Corners Drive (Tax Key No.
2165.998.012) on August 15, 2006, by Resolution #P.C. 069-2006 and further amended by #P.C. 020-2016.
Plan Commission stipulated in Resolution #P.C. 069-2006 that an annual review be completed in March to
make sure the stipulations of the original BSO approvals were being followed.
STAFF DISCUSSION PC 010-2020
A site inspection was completed on February 21, 2020. The site met the conditions formally approved. No
complaints were received by the Planning Department since the last bi-annual review. The resolution is worded
to have a review every two years.
STAFF RECOMMENDATION PC 010-2020
Approval of Resolution # PC 010-2020
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RESOLUTION PC 010-2020
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MUSKEGOthe City of
Area of InterestI0150300
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 010-2020
RD Meyer Mini StorageW145 S6550 Tess Corners Drive
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RESOLUTION PC 010-2020
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RESOLUTION #P.C. 010-2020
APPROVAL OF AN ANNUAL REVIEW FOR R.D. MEYER & ASSOCIATES, INC.
LOCATED IN THE NE ¼ OF SECTION 2
(W145 S6550 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.012)
WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for R.D. Meyer
& Associates, Inc. for the property in the Tess Corners Industrial Park located at W145 S6550
Tess Corners Drive (Tax Key No. 2165.998.012) on August 15, 2006, by Resolution #P.C. 069-
2006 and further amended by #P.C. 020-2016, and
WHEREAS, The property is zoned M-2, Industrial District, and said use is allowed by Plan
Commission approval with a Conditional Use Grant, and
WHEREAS, Plan Commission stipulated in Resolution #P.C. 069-2006 that an annual review be
completed in March to make sure the stipulations of the original BSO approvals were being
followed, and
WHEREAS, A site inspection was completed on February 21, 2020 and compliance was found on
site, and
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for R.D.
Meyer & Associates, Inc., subject to compliance with all conditions of approval.
BE IT FURTHER RESOLVED, That the yearly review will occur every two years.
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: March 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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RESOLUTION PC 010-2020
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City of Muskego
Plan Commission Supplement PC 011-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for the George Alex Property (Mini-Storage)
S98 W12712 Loomis Drive / Tax Key No. 2257.984.001
NE ¼ and SE ¼ of Section 25
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 011-2020
The parcel is located off of Loomis Drive. The site contains three mini-storage buildings towards the
rear of the site and an office on the front of the site. Approvals were received per #P.C. 227-94 for a
Conditional Use Grant and Building, Site, and Operation Plan to conduct mini-warehouse operations
on the property. The resolution approved two structures, and both structures are now constructed on
the lot. There have been additional approvals, most recently approved by #P.C. 051-2013, to
temporarily allow some outdoor storage of U-Haul vehicles and up to three additional storage
buildings, one of which has been built. The last two storage buildings have been permitted with
construction anticipated in spring. The CUG dictates that upon obtaining the building permits for the
final buildings, no outdoor storage is permitted, no vehicle repair is allowed, and no business
operations are allowed to be conducted from the storage buildings. All U-Haul operations, parking,
storage and displays are no longer allowed on this site unless further Plan Commission approval is
obtained. An annual review is required.
STAFF DISCUSSION PC 011-2020
A site inspection of the site was conducted on February 21, 2020. The site met the conditions formally
approved. No complaints were received by the Planning Department since the last annual review. The
resolution is worded to have a review every two years.
STAFF RECOMMENDATION PC 011-2020
Approval of Resolution # PC 011-2020
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MUSKEGOthe City of
Area of InterestI0300600
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 011-2020
George AlexS98 W12712 Loomis Drive
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RESOLUTION P.C. 011-2020
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-STORAGE
WAREHOUSES FOR GEORGE ALEX FOR THE PROPERTY LOCATED AT
S98 W12712 LOOMIS DRIVE (TAX KEY NO. 2257.984.001)
WHEREAS, This parcel contains a Conditional Use Grant and Building, Site and Operation plan that was
adopted by the Plan Commission for two mini-storage warehouses for the property located on Loomis
Drive for George Alex under Resolution #P.C. 227-94 on December 20, 1994, and
WHEREAS, The site conditions of approval included:
1. Beginning in March of 1996, an annual review shall be conducted to ensure the development is
maintained.
2. No outside storage of vehicles, equipment, goods or materials.
3. No vehicle repair or restoration activities.
4. No manufacturing, assembly or materials and goods distribution operations.
5. No U-Haul operations, storage, parking or displays, and
WHEREAS, Three additional storage buildings were also approved under #P.C.051-2013 one of which
has been built at this time permits have been obtained for the last two buildings in 2019, and
WHEREAS, A site inspection was completed on February 21, 2020 for the property and it was in
compliance with the conditions of the approved BSO and CUG, and
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review for the
Conditional Use Grant and the Building, Site, and Operation plan for the George Alex property.
BE IT FURTHER RESOLVED, That a review continues to be held every two years in March of a 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 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 012-2020
For the meeting of: March 3, 2020
REQUEST: Six Month after Occupancy Review for Pinnacle Peak
W182 S8320 Pioneer Drive / Tax Key No. 2223.999
SE ¼ & SW ¼ of Section 16
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 012-2020
The Plan Commission approved amended Resolution #PC 072-2016 for a Building, Site and Operation Plan
and Conditional Use Grant for Pinnacle Peak properties, LLC for an assisted living facility known as Caring
Alternatives within the RS-2 Zoning District. A provision in the approval required a Plan Commission review six
months after occupancy to review any issues regarding traffic, lighting, and the northern border fencing. Final
occupancy was granted in September of 2019.
DISCUSSION PC 012-2020
A site inspection of the site was conducted on February 21, 2020. The site met the conditions formally
approved and no complaints were received by the Planning Department since final occupancy. Since there
were no issues at this review, no further reviews are required unless complaints or issues arise on the property
in the future.
STAFF RECOMMENDATION PC 012-2020
Approval of Resolution PC 012-2020
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MUSKEGOthe City of
Area of InterestI0360720
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Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 012-2020
Pinnacle PeakW182 S8320 Pioneer Drive
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RESOLUTION #P.C. 012-2020
APPROVAL OF A SIX MONTH REVIEW FOR PINNACLE PEAK LOCATED IN THE SE ¼ AND
SW ¼ OF SECTION 16
(W182 S8320 PIONEER DRIVE / TAX KEY NO. 2223.999)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan and
Conditional Use Grant for Pinnacle Peak Properties, LLC. at the property located at W182
S8320 Pioneer Drive as per amended Resolution #P.C. 072-2016, and
WHEREAS, Pinnacle Peak Properties, LLC. developed an assisted living facility known as
Caring Alternatives, and
WHEREAS, Conditions of approval included a Plan Commission review six months after
occupancy to review any issues regarding traffic, lighting, and the northern border fencing, and
WHEREAS, Final occupancy was granted on September 27, 2019, and
WHEREAS, Staff has not received any complaints regarding any traffic issues or problems
since final occupancy, and
WHEREAS, Upon a site inspection on February 21, 2020, Planning Division staff found the site
to be in compliance with the approvals.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the Six-Month Review of
the Building, Site and Operation plan and Conditional Use Grant for Pinnacle Peak Properties,
LLC. Located at W182 S8320 Pioneer Drive.
BE IT FURTHER RESOLVED, No further reviews are required unless complaints arise about
issues on the property.
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 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 013-2020
For the meeting of: March 3, 2020
REQUEST: Approval of the Temporary Sale of Fireworks at Jetz Fuel
S69 W15461 Janesville Road / Tax Key No. 2167.995.011
SW ¼ of Section 2
PETITIONER: Dolan Pomrening, American Fireworks and Novelties LLC
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 013-2020
Petitioner proposes to operate a temporary fireworks sales stand at the Jetz Fuel parking lot. A 32’ x 30’ flame
retardant tent is proposed for customer sales and storage of the fireworks would be in a 10’ x 25’ metal storage
container on-site. Signage has been indicated as two 2.5’ x 10’ and two 4’ x 20’ temporary banners that will be hung
from each side of the tent and small directional signs at the entrances of the parking lot. Operations are proposed from
June 11, 2020 to July 11, 2020 8:00 am to 9:00 pm. Permission has been received from the property owner to use
the site and the restroom facilities.
DISCUSSION PC 013-2020
The proposal is consistent with operations of other vendors in Muskego and for this site.
A transient merchant license must be obtained from the City Clerk’s Office.
In the past the Fire Department brought to the attention of the Planning Department their Wisconsin Chief Fire
Officer Guidebook. Within the guidebook it states that storage and handling of fireworks may not occur within 50
feet of a dwelling, public assembly, or where gasoline or volatile liquids are dispensed in quantities greater than 1
gallon. The proposed site meets the guidebook requirements.
Once again this year, as in the past, a storage container is proposed on site. There have been no problems with
the storage container in the past. The container will be located within a parking stall along the Moorland Road side
of the lot.
STAFF RECOMMENDATION PC 013-2020
Approval of Resolution #PC 013-2020
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MUSKEGOthe City of
Area of InterestI0210420
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 013-2020
American Fireworks and Novelties, LLC atJetz FuelS69 W15461 Janesville Road
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RESOLUTION #P.C. 013-2020
APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR AMERICAN FIREWORKS
AND NOVELTIES LLC AT THE JETZ FUEL PROPERTY LOCATED IN THE SW ¼ OF SECTION 2
(S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011)
WHEREAS, A request has been submitted by Dolan Pomrening of American Fireworks and Novelties
LLC to locate a temporary sales tent and signs advertising the sale of fireworks at the Jetz Fuel property
located at S69 W15461 Janesville Road, and
WHEREAS, Fireworks sales were previously operated at this location and temporary sales vendors are
limited to one on site at any one time, and
WHEREAS, The tent canopy will be 30’ x 32’ in size, and
WHEREAS, Signage has been noted on the proposal as two 2.5’ x 10’ and two 4’ x 20’ temporary
banners that will be hung from each side of the tent and small directional signs at the entrances of the
parking lot, and
WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations
has been provided, and
WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division
for any electricity hookups, and
WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary
stand at the Jetz Fuel parking lot for fireworks sales for Dolan Pomrening of American Fireworks and
Novelties LLC subject to the following conditions:
1. Dates of operation approved from June 11th, 2020 to July 11th, 2020, and
2. Hours of operation permitted only from 8 am to 9 pm, and
3. A letter of approval from the property owner has been submitted to the Planning Division
approving rental space for American Fireworks and Novelties LLC, and
4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division
prior to any site work on the property, if applicable, and
5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office.
BE IT FURTHER RESOLVED, That the small directional signs cannot be within any right-of-ways or
vision corners and they can only be placed on the Jetz Fuel property.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 005-2020
For the meeting of: March 3, 2020
REQUEST: Annual Review for the Loomis Court LLC. Property formerly known as the George Alex /
Robert Jacob Property (Mini-Storage and Auto Repair)
S98 W12575 Loomis Court & W125 S9912 North Cape Rd. (USH 45) / Tax Key No 2257.973.001
NE ¼ and SE ¼ of Section 25
PETITIONER: Planning Division
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 005-2020
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 and #P.C. 065-
2017. 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 005-2020
A site inspection was completed on February 21, 2020 and the site was found to be mostly in
compliance. The only items found to not be in compliance was that there was an unapproved A-frame
signs on the property near the southern most driveway entrance. A violation letter was sent to the
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owners and a follow-up inspection was completed on February 27, 2019 and the A-frame sign
remained on-site.
The resolution is drafted for approval subject to all signage that is not allowed being removed from
the site within fifteen (15) days from the date of this Plan Commission approval. Failure to
comply with the requirement noted above within the established timeframe will result in the
issuance of citations to the property owner for each day that the sign violation continues.
STAFF RECOMMENDATION PC 005-2020
Approval of Resolution # PC 005-2020
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MUSKEGOthe City of
Area of InterestI0350700
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 005-2020
Loomis Court LLCS98 W12575 Loomis Court
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RESOLUTION P.C. 005-2020
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-STORAGE
WAREHOUSES AND AUTO SALES/REPAIR FOR THE LOOMIS COURT LLC. PROPERTY,
FORMERLY KNOWN AS GEORGE ALEX AND ROBERT JACOB FOR THE 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) for George Alex and Robert Jacob, most recently under
Resolutions #P.C. 053a-2003, #P.C. 067-2004, #P.C. 050-2005, #P.C. 025-2007, #P.C. 033-2014 and
#P.C. 065-2017, 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, 2020 and the site was found to be mostly in
compliance, and
WHEREAS, The only items found to not be in compliance was that there was an unapproved A-frame
signs on the property near the southern most driveway entrance, and
WHEREAS, A violation letter was sent to the owners and a follow-up inspection was completed on
February 27, 2020 and the unapproved A-frame sign was still present on-site.
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, All signage that is not allowed must be removed from the site within fifteen
(15) days from the date of this Plan Commission approval.
BE IT FURTHER RESOLVED, Failure to comply with the requirement noted above within the established
timeframe will result in the issuance of citations to the property owner for each day that the violation
continues.
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:
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Defeated:
Deferred:
Introduced: March 3,2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 014-2020
For the meeting of: March 3, 2020
REQUEST: Rezoning from B-2 Local Service Center District to B-4 – Highway Business District
Tax Key No. 2225.984 / S80 W19025 Janesville Road
NE ¼ of Section 17
PETITIONER: Dennis Lopiparo & Kandy Raether, D&K Seasonal Services
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 014-2020
The petitioner has submitted a rezoning request from B-2 Local Service Center District to B-4 Highway
Business District. The purpose of the rezoning is to accommodate a landscape and snow removal
company that includes retails sales and outdoor sales of mulch, salt, landscape stone, and other similar
products on the property.
PLAN CONSISTENCY PC 014-2020
Comprehensive Plan:The 2020 Plan depicts the areas for commercial uses. The proposal is
consistent with the Plan and no amendments are necessary.
Zoning: The property is currently zoned B-2 (Local Service Center District). The
zoning being requested is B-4 (Highway Business).
Park and Conservation Plan: No acquisitions are proposed as part of the rezoning. The proposal is
consistent with the Plan.
Street System Plan: No dedications are required as part of a rezoning. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
Public sanitary sewer serves the property. The proposal is consistent
with the plan.
Water Capacity Assessment
District:
Municipal water serves the property. The proposal is consistent with the
plan.
Stormwater Management
Plan:
Stormwater management may not be necessary with this plan. Any
future development will be reviewed once site development details are
provided at a later date.
DISCUSSION PC 014-2020
As mentioned above, the request is to rezone the property from B-2 Local Service Center District to B-4
Highway Business District. The 2020 Comprehensive Plan identifies this area as commercial uses and
no Comprehensive Plan change is required as part of this rezoning.
A public hearing was heard before the Common Council on February 25, 2020. The only concern that
was raised was by the land owner to the east, who just wanted it to be known that they wanted to make
sure that whatever happens on this site does not negatively affect the drainage of his property. Also, the
applicant and the current land owner spoke in favor of the new proposal. The City did receive visits from
two separate neighbors regarding the proposed change from Paradise Pools to a landscaping and snow
plowing business. The first concern related to property values on neighboring properties. A second
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concern was to limit the plantings between the driveway and property line to the west to ensure the
neighboring business sign would remain visible. The last concern dealt with potential stormwater
drainage from the site if the rear of the property is converted to a hard surface for the exterior sales.
Other than the property value concern, the remainder would be addressed through future Building, Site
and Operations Plan review and permitting.
The rezoning approval documents are subject to a separate approval of a Building, Site and Operation
Plan through the Plan Commission.
STAFF RECOMMENDATION PC 014-2020
Approval of Resolution PC 014-2020
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MUSKEGOthe City of
Area of InterestI0180360
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Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 014-2020
D&K Seasonal ServicesS80 W19025 Janesville Road
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RESOLUTION #P.C. 014-2020
RECOMMENDATION TO COUNCIL TO REZONE A PROPERTY FROM B-2 LOCAL SERVICES
DISTRICT TO B-4 HIGHWAY BUSINESS DISTRICT FOR THE PROPERTY LOCATED AT
S80 W19025 JANESVILLE ROAD / TAX KEY NO. 2225.984
WHEREAS, A petition to rezone a property from B-2 Local Service Center District to B-4 Highway
Business District was submitted by D&K Seasonal Services for a property located at S80 W19025
Janesville Road / Tax Key No. 2225.984, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on
February 25, 2020 and
WHEREAS, The requested B-4 district allows for commercial uses with outdoor sales areas like
garden shops, and
WHEREAS, The 2020 Comprehensive Plan already identifies this area for commercial uses
which is consistent with the proposed and current uses, and
WHEREAS, The purpose of the rezoning is to allow for the future home of D&K Seasonal
Services.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council to rezone a property for D&K Seasonal Services from B-2 Local Service
Center District to B-4 Highway Business District for the property located at S80 W19025
Janesville Road / Tax Key No. 2225.984.
BE IT FURTHER RESOLVED, The rezoning approval is subject to approval of a Building, Site
and Operation Plan through the Plan Commission at a future date.
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:
Defeated:
Deferred:
Introduced: March 3, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 015-2020
For the meeting of: March 3, 2020
REQUEST: Metal Accessory Structure
Tax Key No. 2166.997.005 / S63 W15425 College Avenue
NW ¼ of Section 2
PETITIONER: Steve & Nancy Stack
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 015-2020
The petitioner proposes to construct a 33’ x 64’ accessory structure (totaling 2,112 square feet) on his 1.89 acre lot.
The applicant is proposing an accessory structure that would be constructed with metal siding, wainscoting and roof
all painted to match the existing home. Since the metal building materials do not match the home Plan
Commission approvals are required. Plans are attached for your review.
Plan Commission may waive the architectural requirements for accessory structures when any of the following are
met:
1. The structure is screened from view,
2. The principal structure is composed of materials, colors, or styles that are inappropriate in their applications
to an accessory structure,
3. The Plan Commission finds other circumstances to be present which would result in no undue harm to the
property or its surroundings,
4. When the area is found not to be predominately residential.
Plan Commission may approve the materials as submitted, or require modifications prior to release of building
permits.
PLAN CONSISTENCY PC 015-2020
Comprehensive Plan:
The 2020 Plan depicts the area for Medium Density Residential Land Use. As
an extension of the continued residential use, the proposal for this residential
outbuilding is consistent with the Plan.
Zoning:
The property is zoned RS-1 Suburban Residence District. Accessory structures
totaling up to 2,122 square feet are permitted on the subject property. The
proposal measures 2,112 square feet in area. The proposal meets the bulk
requirements of the Zoning Code.
STAFF DISCUSSION PC 015-2020
The architectural requirements state that the accessory structure should have similar materials and colors as the
principal residence. Planning Commission approval is being sought due to this concern.
The petitioner is proposing metal sided and roofed structure. The metal wainscoting, trim, siding and roof are all to
be painted/colored to match the house. The wainscoting is shown around the entire structure. Above the metal
wainscoting, is a trim piece with additional metal siding. Soffits are shown as two-feet deep with a roof structure
over the service door. This building is setback 126 feet from the road mostly behind the existing house and garage. Page 1 of 7
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The building as shown is a rather simple accessory structure with four windows on each side, one service door and
two overhead doors with a steel roof and decorative cupola mounted in the center of the building. The proposed
height of the building is approximately 17.5 feet to the midpoint which is allowed based on the additional offset from
the lot lines.
It is noted that there is a proposed lot division line for dividing the property in the future. The proposed building
location will need to be adjusted toward the east (behind the home) or shortened if the proposed land division is
ever going to be submitted for approval.
The Resolution states the following items:
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities
or for business storage.
BE IT FURTHER RESOLVED, That the floor of the entire building must be concrete or asphalt, unless a specific
portion is only to be used by animals.
BE IT FURTHER RESOLVED, The depth of the over hangs on all sides of the building must at least be equal to
those on the main home.
STAFF RECOMMENDATION PC 015-2020
Approval of Resolution #PC 015-2020, finding that there will be no undue harm to the surrounding
properties, due to the distance from the roadway and due to the craftsman-style structure complimenting
and being painted/colored to match the home.
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MUSKEGOthe City of
Area of InterestI0110220
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 015-2020
Steve StackS63 W15425 College Avenue
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Prepared by City of Muskego Planning Department Date: 2/27/2020
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RESOLUTION #P.C. 015-2020
APPROVAL OF A METAL ACCESSORY STRUCTURE
FOR THE STACK PROPERTY LOCATED IN THE NW ¼ OF SECTION 2
(TAX KEY NO. 2166.997.005 / S63 W15425 COLLEGE AVENUE)
WHEREAS, A site plan and building drawings were submitted to construct a 33’ x 64’ metal accessory structure (totaling 2,112
square feet) on the Stack property located at S63 W15425 College Avenue (Tax Key No. 2166.997.005), and
WHEREAS, The property is zoned RS-1 – Suburban Residence District, and said structure is a permitted accessory use and
subject to Plan Commission review due to the proposed architectural materials shown, more specifically due to the metal
siding and roof, and
WHEREAS, The proposed square footage of 2,112 square feet is within the total allowable square footage for accessory
structures on this property, which meets the bulk requirements of the Zoning Code, and
WHEREAS, The accessory structure will be used for personal storage only, and
WHEREAS, The proposed height is approximately 17.5 feet, as measured by code, which is within the allowed height given
the additional setback and lot area, and
WHEREAS, The structure is proposed to be sided with metal siding and a metal roof and said proposal does not meet the
Plan Commission’s standards for administrative approval of residential accessory structures as the siding and roofing do not
match the materials of the primary residence, and
WHEREAS, The colors of the siding (light grey), wainscoting (dark grey), trim (white) and the roof (dark grey) will all be painted
to match the home.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a 2,112 square foot metal accessory structure with a
metal roof for the Stack property located at S63 W15425 College Avenue (Tax Key No. 2166.997.005).
BE IT FURTHER RESOLVED, That the building and lot cannot be used for the operations of any business activities or for
business storage.
BE IT FURTHER RESOLVED, The floor of the entire building must be concrete or asphalt, unless a specific portion is only to
be used by animals.
BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home (roof and walls).
BE IT FURTHER RESOLVED, The depth of the overhangs on all sides of the building must at least be equal to those on the
main home.
BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the
surrounding properties, due to the distance from the roadway and due to the craftsman-style structure complimenting and
being painted to match the home.
BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result
in the issuance 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 3, 2020
ATTEST: Adam Trzebiatowski, Planning Manager
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City of Muskego
Plan Commission Supplement PC 016-2020
For the meeting of: March 3, 2020
REQUEST: Building Site and Operation Plan Amendment for Alliance Construction and Design, Inc.
S73 W16555 Janesville Road / Tax Key No. 2198.978
NW ¼ of Section 10
PETITIONER: Alliance Construction and Design, Inc.
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 016-2020
The petitioner, Alliance Construction and Design, Inc., is requesting a Building, Site and Operation Plan
Amendment (BSO) approval to allow for all of the existing building to be removed except for a single car
wash bay, on the eastern end of the building. The former building area would then be replaced/rebuilt
with a 5,636 square foot addition off the west side of the remaining car wash bay. The new building
addition/re-build would house a proposed laundromat use with up to two additional tenant spaces.
Previously, in August 2019 the applicant obtained Plan Commission approval for a BSO Amendment that
included a smaller addition and remodeling the existing building alongside the single bay car wash that
would remain.
PLAN CONSISTENCY PC 016-2020
Comprehensive Plan:The 2020 Plan depicts the areas for commercial use. The proposal is
consistent with the Plan.
Zoning: The property is zoned B-4 Highway Business District and the existing
and proposed laundromat use is allowed by right subject to the approval
of a Building, Site, and Operation Plan.
Park and Conservation Plan: No park acquisitions or conservation areas are proposed in this area.
The proposal is consistent with the Plan.
Street System Plan: No road dedications are required as part of this proposal. The proposal
is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
Public sanitary sewer serves this area. The proposal is consistent with
the plan.
Water Capacity Assessment
District:
The property is serviced with municipal water. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
On-site stormwater management will need to be reviewed by the
Engineering Department before any permits can be issues to see if any
stormwater management needs to be accounted for on-site.
DISCUSSION PC 016-2020
The petitioner requests approval to replace the existing building with a 5,636 square foot building while
preserving a single-bay car wash on the eastern end of the building. As proposed, the existing car wash
facility will be located in the existing eastern bay, which will be the only remaining portion of the existing
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building. Adjacent to the drive thru car wash stall, a proposed laundromat use and two additional tenant
spaces will make up the remainder of the building. There have not been any tenants identified for the two
remaining spaces. Should a future tenant necessitate Plan Commission approval for various operational
requirements (truck operation, outdoor storage, conditional use grants, etc.) they would come back before
occupancy. No outdoor storage or display is allowed on site. These possible future Plan Commission
approvals are noted in the resolution so we can assure review of any possible issues in light of the
residential neighbors to the south and west.
Zoning Requirements
The building is presented under the requirements of the B-4 zoning district which are the following:
Front setback of 40’ (Shown as 82.9’ from the edge of the asphalt, existing)
Side/Rear setbacks of one side 10 feet, others 15 feet (shown as 9.8’ to the east (existing) and
51’ to the south (proposed)
Height maximum of 30’ (Identified as approximately 17’)
Floor Area Ratio maximum of 30% (Shown as 20.3%)
The proposed uses are allowed by right subject to BSO approvals. Any business needs that involve
outdoor storage, outdoor parking and/or outdoor display will need further Plan Commission approvals.
Approval of a Business Registration for every tenant within this building is required by the City Planning
Division before any new tenants can use this building/site for any purpose.
The existing car wash bay that is proposed to remain is located 9.8’ feet from the eastern property line,
which does not meet the minimum offset of ten feet, making this a nonconforming structure. The previous
submittal was mostly remodeling and renovating the building which are allowed without a spending limit.
The addition/re-build portion of the project would not fall into the category of repair, maintenance,
renovation or remodeling. This submittal is identical in that the addition to the remaining structure will be
limited to 50% of the assessed value of the existing building (excluding land). After discussion with the
applicant, they decided to relocate the existing eastern wall to meet the ten foot offset (approximately
three inches) so that the building is not deemed non-conforming and so that the 50% rule would not
apply. The remainder of the project will remain as submitted.
Architecture/Design Guides
The property is governed by the City’s General Design Guide and the City’s Downtown Design Guide.
However, this proposal does not include a new building, but a sizable addition to the existing/remaining
car wash bay. It appears as though the applicant did however attempt to utilize the Design Guides as a
basis for the colors throughout, being a blend of earth tones. The addition portion of the building and the
new front side of the building is proposed as veneer stone, EIFS and glass. A band of EIFS is also
proposed above the windows and doors around the building where future signage would be located. The
proposal meets the General Design Guide intentions in relation to architecture, site planning, lighting,
landscaping and the like.
The main item in the General Design Guide is to provide four sided architecture with at least 50%
masonry products. Based on calculations, each of the elevations is short of the required masonry as the
front of the building is showing 32.8% masonry; the west side being 36.8% and the rear elevation is 29.5
percent. The existing eastern wall is shown as painted CMU block that was initially going to remain.
Upon discussion with the applicant and it being determined that the eastern wall will be moved to meet
the ten-foot offset, the new wall must match the style and colors of the remainder of the building. The
resolution states that the masonry must account for at least 50% of each wall surface and details need to
be provided before Building Permit issuance relating to exact colors and materials of the entire building
including the new east wall.
The Downtown Design Guide identifies variable roof-lines and the use of materials which reflect a
residential character. The roof as noted is be a standing seam metal roof with dimensional asphalt
shingles as an alternate. With the variable roof lines, either the metal or dimensional asphalt shingles
both reflect a residential character, but must be identified prior to issuing a building permit.
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Mechanicals for the building are noted as being mounted in the ceiling. Two locations are identified for
dryer vents on the south elevation. These two areas are shown fully as fully screened. The resolution
states that all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.)
must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and
details ensuring adequate screening must be submitted in more detail to be approved by the Planning
Division before the issuance of building permits and Business Registration approvals.
Site, Parking, and Access
The site will be accessed via two existing access points along Bellview Drive. The existing traffic pattern
for the car wash use will remain to the single bay car wash on the east side of the building. The site plan
shows 30 parking stalls total on-site with 9 parking stalls on the south side of the site and 21 parking stalls
on the north side of the site, closest to Janesville Road. The zoning code states one (1) parking space is
required for every 150 square feet of primary floor area for retail/service uses. As proposed, based on
the total size of the retail/service space (5,636 SF), not including the car wash bay, there would need to
be 38 parking spaces. This leaves the site short by eight (8) stalls. When the three retail services spaces
are looked at with the utility/non-customer areas removed that leaves about 4,400 SF, which then
requires 30 stalls, which is shown on-site.
The utility and non-customer space is 836 square feet for the laundromat. The additional tenant space
would account for an additional 404 square feet of utility/non-customer space using a conservative area
of 15 percent. This will reduce the number of parking stalls needed to 30 stalls which matches the
parking stalls on-site. If a heavy-traffic user or a user that utilizes the entire tenant area without
utility/employee areas submits a Business Registration, which is required, they will be required to apply
for Plan Commission review if a waiver is needed for the number of parking stalls.
The parking stalls on the site are proposed at 10’x18’. The applicant is requesting a waiver for the size of
the parking stalls to be 18’ deep rather than the required 20’ to allow for a properly sized drive aisle on
either side of the building. Traditionally we require stall sizes of 10’x20’, which is our current code
standard, unless Plan Commission allows a waiver. Staff is ok with the waiver and the resolution is
worded to allow the 10’x18’ stalls as the City is in the process of reducing the required parking stall size
and this proposal would fit meets the size of the new parking stalls. The City wide parking stall size
requirement is in the process of being amended to 10’x18’.
Relating to drive aisle locations, the rear aisle of the property is being widened to meet the driveway width
requirement for two-way travel. As such, the applicant is asking to be allowed a waiver to reduce their
rear lot line separation down to three feet. The resolution is drafted to allow such due to the new fencing
that is being installed.
A separate one-way drive aisle with curb and gutter dedicated solely for the single-bay car wash is
proposed across the front of the building close to Janesville Road. This will allow for vehicle stacking
without interrupting or hindering customer parking for the other building tenants.
The existing site does not contain curb and gutter. The new proposed parking area shows concrete curb
and gutter provided around the exterior of the site and at the entry and exit markings to the car wash.
The island between the two existing access points along Bellview Drive is proposed as the new location
for the auto vacuum. Minimal screening is shown surrounding the vacuum. The proposed vacuum
station is within a WEPCO easement. We Energies approval will be required to locate the vacuum in the
easement.
Fencing/Dumpsters/Outdoor Storage
A wood fence is currently located along the southern property line separating the commercial use from
the adjacent residential use. The applicant is intending to replace the wooden fence with a six-foot
prefinished solid vinyl plank fence. A separate permit will be required for replacing the fence.
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The same fencing material used to screen the southern lot line is proposed as the screening material for
the dumpster enclosure. The site plan shows the dumpster location in the southwest corner of the
property near Bellview Drive. The gate of the dumpster enclosure must be constructed out of the same
material as the fencing.
Bollards have not been shown on the site plan. If any bollards are to be installed, the bollards must be
painted to match the building. The resolution is drafted as such.
Landscaping
A landscape plan is part of the submittal and shows two landscaping beds along the northern and
western sides of the building. The northern landscaping bed shows several shrubs and the western
landscaping bed is a variety of perennial plantings. The landscape plan is subject to final Planning and
City Forester approval before building permit issuance. Some additional landscaping will be required,
especially in front of the building, around the transformer, around the car wash pay station and around the
vacuum area.
Signage
An existing monument sign is located on the northeast corner of the lot adjacent to Janesville Road. The
applicant states that this sign will be removed. If a new monument sign is desired in the future, a
separate sign permit will be required along with meeting the current sign codes.
An area has been identified for each tenant to have their own future building signage. Each of the signs
would be sized per the Zoning Code and will require a sign permit.
Any handicap sigs, no parking signs, or other information signage must be mounted in the ground or on
the building and cannot be on a moveable base.
Lighting
There has not been any lighting modifications submitted for this site. All existing and new lighting on site
must match and said lighting details must match City regulations relating to lighting/poles/bases and will
need approvals from the Planning Division before installation can be allowed. All lighting must meet city
standards, including that pole light concrete bases be no more than six (6) inches above grade and all
lighting is shown to be full cut-off LED with zero degree tilt and fits the safety and architectural purposes
of the structure.
Operation Hours
The previous approval from Resolution PC 049-2019 indicated laundromat house of 5am – 11pm and car
wash hours from 7am to 10pm due to the sound of the dryers and proximity to residences. Unless further
Plan Commission discussion results in new hours, staff recommends the hours of operation as previously
approved.
STAFF RECOMMENDATION PC 016-2020
Approval of Resolution PC 016-2020, subject to the conditions listed on the resolution and noted
in this supplement.
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MUSKEGOthe City of
Area of InterestI0120240
Feet
Agenda Item(s)
Properties
Zoning Districts
Right-of-Way
Hydrography
Supplemental MapRESOLUTION #PC 016-2020
Alliance Construction & Design Inc.Muskego LaundryS73 W16555 Janesville Road
JANESVIL
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Prepared by City of Muskego Planning Department Date: 2/27/2020
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RESOLUTION #P.C. 016-2020
APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR
ALLIANCE CONSTRUCTION AND DESIGN, INC.
FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 10
(S73 W16555 JANESVILLE ROAD / TAX KEY NO. 2198.978)
WHEREAS, Plans were submitted by Alliance Construction and Design, Inc. for approval of a Building,
Site and Operation Plan Amendment for Muskego Laundry for a property located in the NW ¼ of Section
10 (S73 W16555 Janesville Road / Tax Key No. 2198.978), and
WHEREAS, The property is zoned B-4, Highway Business District, and
WHEREAS, The 2020 Plan Depicts the area for Commercial uses and the proposal is consistent with the
plan, and
WHEREAS, The submittal includes site plans, landscape plan, building elevations, floor plans, and
colored renderings, and
WHEREAS, In August 2019 the applicant obtained Plan Commission approval for a BSO Amendment
that included a smaller addition and remodeling the existing building alongside the single bay car wash
that would remain, and
WHEREAS, As part of the newly proposed project the existing car wash use will be reduced to only one
stall in the existing eastern bay and the remainder of the building will be demolished, rebuilt and used to
house a proposed laundromat use with two additional tenant spaces, and
WHEREAS, The existing building will be removed and replaced except for the easternmost car wash bay,
and
WHEREAS, The petitioner requests approvals for a 5,636 square foot addition/re-build to the existing
building/carwash bay on site, and
WHEREAS, The building, with the proposed addition/re-build, meets the requirements of the B-4 zoning
district per the following:
Front setback of 40’ (Shown as 82.9’ from the edge of the asphalt, existing)
Side/Rear setbacks of one side 10 feet, others 15 feet (shown as 9.8’ to the east (existing) and
51’ to the south (proposed)
Height maximum of 30’ (Identified as 15’-3”)
Floor Area Ratio maximum of 30% (Shown as 20.3%)
WHEREAS, The property is governed by the City’s General Design Guide and the City’s Downtown
Design Guide, and
WHEREAS, The City’s General Design Guide main items are in relation to providing four sided
architecture with at least 50% masonry products and the proposal is short of this requirement, and
WHEREAS, The building is proposed to have veneer stone, EIFS, glass front doors and windows with an
EIFS band around the building for future signage, and
WHEREAS, The site will be accessed from the two existing driveway points along Bellview Drive, and
WHEREAS, The site plan shows 30 parking stalls total on-site with 9 parking stalls on the south side of
the site and 21 parking stalls on the north side of the site, closest to Janesville Road, and
WHEREAS, The zoning code states one (1) parking space is needed for every 150 square feet of floor
area and the proposal includes 4,400 SF (excluding utility/employee space) which requires 30 stalls as
proposed, and
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WHEREAS, The parking stalls on the north side of the building are identified as 10’x18’ in size and the
parking stalls on the south side of the building are identified as 10’x18’ in size, and
WHEREAS, The applicant and the narrative state that that entire site will be repaved with either concrete
or asphalt, and
WHEREAS, None of the site currently contains curbing but the proposal includes curb and gutter along all
parking and driveway areas, and
WHEREAS, There currently is a wood fence that is in poor condition along the rear lot line and as part of
this redevelopment project the fence will be removed and replaced with a 6’ tall solid vinyl plank fence to
screen this property from the neighbors, and
WHEREAS, A dumpster enclosure is proposed in the southwest corner of the site and the enclosure is to
be screened with the same vinyl plank fence to be installed on the southern property line, and
WHEREAS, The old vacuum islands will be removed and replaced with a new single vacuum island along
Bellview Drive, and
WHEREAS, The mechanicals are planned to be mounted in the ceiling with two locations on the rear roof
elevation where dryer vents will be located and screened, and
WHEREAS, The laundromat’s hours are proposed to be 5am to 11pm and no times have been provided
for the hours of the car wash, and
WHEREAS, No lighting or signage details (existing or proposed) have been submitted/approved as part
of this approval, and
WHEREAS, Some basic landscape details have been provided and it appears that some additional
landscaping will be required, pending formal review at the time of building permit review, and
WHEREAS, All signage sizes are to be regulated per the Zoning Code allowances, and
WHEREAS, The site is served by municipal water and sanitary sewer services.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site, and Operation
Plan Amendment for Alliance Construction & Design, Inc. for the property located in the NW ¼ of Section
10 (S73 W16555 Janesville Road / Tax Key No. 2198.978).
BE IT FURTHER RESOLVED, Due to residential neighbors to the west and south, the car wash
operations within the proposed development must be limited to the hours of 7am to 10pm.
BE IT FURTHER RESOLVED, No outdoor storage, overnight outdoor parking and/or outdoor display is
allowed on site unless further Plan Commission approvals are granted.
BE IT FURTHER RESOLVED, The gate of the dumpster enclosure must be constructed out of the same
material as the fencing.
BE IT FURTHER RESOLVED, Approval of a Business Registration for each tenant within this building is
required by the City Planning Division before any tenant can use this building/site for any purpose.
BE IT FURTHER RESOLVED, If a heavy-traffic user or a user that utilizes an entire tenant space, without
utility/staff areas, submits a Business Registration they will be required to apply for Plan Commission
review if a waiver is needed for the number of parking stalls.
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BE IT FURTHER RESOLVED, 10’ x 18’ parking stalls are allowed on the areas noted on the site plan as
part of this approval and the rear drive aisle offset is allowed to be reduced to 3’ due to the new fence
being installed.
BE IT FURTHER RESOLVED, The entire site will require concrete curb and gutter.
BE IT FURTHER RESOLVED, Any new monument and wall signage will need separate permits from the
City.
BE IT FURTHER RESOLVED, All existing and new lighting on site must match and said lighting details
must match City regulations relating to lighting/poles/bases and will need approvals from the Planning
Division before installation can be allowed.
BE IT FURTHER RESOLVED, All bollards must be painted to match the colors of the principal structure.
BE IT FURTHER RESOLVED, Any handicap sigs, no parking signs, or other information signage must be
mounted in the ground or on the building and cannot be on a moveable base.
BE IT FURTHER RESOLVED, The east wall of the car wash will be moved to meet the ten foot offset.
BE IT FURTHER RESOLVED, Masonry must account for at least 50% of each wall surface and details
need to be provided before Building Permit issuance relating to exact colors and new materials of the
entire building including the new east wall.
BE IT FURTHER RESOLVED, The landscape plan is subject to final Planning and City Forester approval
before building permit issuance and some additional landscaping may be required, especially in front of
the building, around the transformer, around the car wash pay station and around the vacuum area.
BE IT FURTHER RESOLVED, We Energies approval will be required to locate the vacuum in the
easement.
BE IT FURTHER RESOLVED, All roof top and ground mechanicals (including HVAC devices, electrical
transformers, vents, hoods, etc.) must be screened from view and/or incorporated into the design of the
site/structure (screening, etc.) and details ensuring adequate screening must be submitted in more detail
to be approved by the Planning Division before the issuance of building permits and Business
Registration approvals.
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 3, 2020
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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City of Muskego
Plan Commission Supplement PC 017-2020
For the meeting of: March 3, 2020
REQUEST: Recommendation to Common Council to amend Chapter 400 Zoning
PETITIONER: City of Muskego
INTRODUCED: March 3, 2020
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
DISCUSSION PC 017-2020
Staff had been directed by the Common Council/Committee of the Whole and the Plan Commission to
research and provide modifications to the Zoning Code. Additionally, throughout the year staff retains
various code updates and tries to bring them all forward at one time for efficency to avoid multiple
meetings and multiple public hearings. This is the same case here where we are going over multiple
code changes that are required due to clarifications, state code changes, or board requests. A public
hearing for the Zoning Code amendments was held on Tuesday, February 25, 2020 before the Common
Council.
The changes that are included as part of this resolution tonight are further described below.
Section 400-42C.(3)(s) – Adding Adaptive reuse of existing barns for an event/wedding venue as a
Permitted use by conditional use grant in the RCE District.
Section 400-159J. – Adding specific specific regulations relating to the “Adaptive reuse of existing barns
for an event/wedding venue”.
Section 400-62C.(3)(a) - Amending permitted use by conditional use grant in the B-1 District to exclude
the “Adaptive reuse of existing barns for an event/wedding venue”.
Section 400-216 - Adding the definition of “ADAPTIVE REUSE”.
Section 400-181J. - Adding the allowance of scoreboards under the signage provisions.
Section 400-42C.(1)(c) - Amending the RCE district’s reference to goats and horses to reflect the other
code changes relating to goats and horses.
Section 400-42C.(1)(c)[1] – Amending the RCE district’s reference to goats to reflect the other code
changes relating to goats.
Section 400-42C.(1)(c)[2] - Amend the RCE district’s reference to goats to reflect the square footage
requirement for each allowed animal, rather than the per acre reference.
Section 400-42C.(2)(f)[3] - Amend how the number of allowed livestock/fowl is regulated.
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Section 400-42C.(2)(f)[4] – Additional clarification on how to determine the number of livestock and fowl
allowed on a property.
Section 400-42C.(2)(f)[3][a] - Adding storage requirements for bedding, feed and manure as it relates to
livestock on residentially zoned properties.
Section 400-76C.(1)(b)[1] - Amend the A-1 district’s reference to goats to reflect the other code changes
relating to goats.
Section 400-76C.(3)(b) - Amend the A-1 district’s reference to goats to reflect the other code changes
relating to goats.
Section 400-166 - Removing references to hobby farms as the regulations contradict other livestock
regulations.
Section 400-166B. - Removing the hobby farm regulation section as the regulations contradict other
livestock regulations.
Section 400-216 - Adding the definition of “LIVESTOCK”.
Section 400-216 – Removing the “FARM, HOBBY” definition since hobby farm references are being
removed from the zoning code.
Section 400-216 - Removing the “STABLE, PRIVATE” definition since private stables are not referenced
anywhere in the zoning code text and since the hobby farms that definition reference are being removed
from the zoning code.
Section 400-31B.(1) - Amend who reviews variances to the separation between the highest anticipated
seasonal groundwater level from the Zoning Board of Appeals to the Public Works and Safety Committee.
Section 400-190D.(1) - Amend the minimum parking stall size required from 10’ x 20’ to 9’ x 18’.
Section 400-29B. - Amend who can approve more than one principal residence on a lot.
Section 400-15E - Adding a requirement that clarifies that any restrictions, regulations, etc. noted on a
recorded Subdivision Plat, Condominium Plat or Certified Survey Map must be followed.
Section 400-193G. - Adding a restriction of non-shielded window lighting that is visible from the outside of
the window.
Section 400-216 - Edit the “SIGN, GROUND” definition to remove the incorrect note about the size of the
landscape base area.
Section 400-216 - Removing the graphic for “SIGN, POLE” since it is out of date and incorrect.
Section 400-17B.(1)(b) - Amend how the composition of the Plan Commission, specifically the Aldermanic
member, is appointed to match state statues.
Section 400-17B.(2)(a) - Amend how the Aldermanic member of the Plan Commission is appointed to
match state statues.
Section 400-17B.(3)(a) - Amend how the Aldermanic member of the Plan Commission is filled in the case
of a vacancy to match state statues.
**Full details of the code amendments are includes as Exhibit A as part of the Resolution.
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STAFF RECOMMENDATION PC 017-2020
Approval of Resolution PC 017-2020
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RESOLUTION #P.C. 017-2020
RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 400
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
WHEREAS, Chapter 400 regulates zoning regulations within the City of Muskego and portions of the ordinances
requires modification, and
WHEREAS, A public hearing took place to consider the amendments on February 25, 2020, and
WHEREAS, The specific sections being amended include: Sections 400-15, 400-17, 400-29, 400-31, 400-42,
400-62, 400-76, 400-159, 400-166, 400-181, 400-190, 400-193, 400-216, and
WHEREAS, The proposed amendments relate to barns as wedding/event venues, goat and livestock regulations,
scoreboards regulations and other miscellaneous topics.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council for
the attached (Exhibit A) changes to Chapter 400 of the Municipal Code.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 3, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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EXHIBIT A
Chapter 400 - Zoning
Barns as Event/Wedding Venues
Addition of “Adaptive reuse of existing barns for an event/wedding venue” as a Permitted use by
conditional use grant in the RCE District - Section 400-42C.(3)(s)
(s) Adaptive reuse of existing barns for an event/wedding venue as per § 400-159J. of this chapter.
__________
Addition of the specific regulations relating to the “Adaptive reuse of existing barns for an event/wedding
venue” - Section 400-159J.
J. Adaptive reuse of existing barns for an event/wedding venue.
(1) Definition. “Adaptive reuse of existing barns for an event/wedding venue” means any barns erected
before January 1, 2020 to be reused as an event/wedding venue.
(2) Purpose. The following regulations are created to allow for an adaptive reuse of existing barns ensuring
that applicable ordinances are followed; to protect against adverse impacts of noise, odor, disturbance,
visual impacts or other nuisances that this practice could have upon neighboring properties and to control
the impacts of such operations on municipal services, including snowplowing, garbage collection,
sanitation, law enforcement and fire protection.
(3) Conditional use grant required. No commercial event/wedding may occur in the a barn unless an
adaptive reuse of existing barns for an event/wedding venue conditional use grant for such operation is
granted by the City, and only in full compliance with such conditional use permit. The general provisions
as to conditional uses described in Article XIV of this chapter apply to adaptive reuse of existing barns for
an event/wedding venue conditional uses.
(4) Conditions to be met for grant of permit. A conditional use permit shall not be granted for the adaptive
reuse of existing barns for an event/wedding venue unless all of the following conditions are met:
(a) The minimum parcel size shall be five (5) acres.
(b) A two hundred (200) foot separation between any event related building or amenity/feature and any
structures on adjacent lots shall be provided on all sides of the property not abutting a public
roadway. Special event/commercial business related structures, activities and/or features are not
permitted within a fifty (50) foot buffer area, nor is parking allowed in this buffer area. The Plan
Commission can consider reducing the required buffer, as it relates to parking only, from any right-of-
way if dense landscape screening is provided. If an existing barn is located closer than the fifty (50)
foot buffer, then the Plan Commission can consider reducing the required buffer to not less than the
existing barn offset. Where possible, agricultural crops shall remain or be grown in the buffer area, or
suitable landscaping, to maintain the rural/agricultural character of the site.
(c) Buffer plantings shall be provided along a property line where there is an abutting residence,
including across roadways, to screen views, lights and noise from the operation.
(d) Parcels shall have direct unobstructed frontage along a paved public road for direct access.
(e) The surface of the parking areas and driveways are preferred to be asphalt, but the Plan Commission
can consider gravel parking areas on a case-by-case basis if the parking is far enough from adjacent
lots and homes and if the parking lot can be maintained in a dustless condition. The number of
parking stalls required should be one (1) stall for every two (2) people of building capacity with the
final quantity being approved by the Plan Commission.
(f) Any amplified music should occur only in the main barn structure and all door and windows must
remain closed when the amplified music is playing. Special conditions can be considered for unique
situations, subject to Plan Commission review.
(g) The barn must be structurally sound and must meet all applicable Building Codes and Fire Codes.
(h) Applicants for a conditional use grant under this Subsection shall provide the following information at
the time of application:
[1] Ownership of the property
[2] Months/duration of operation
[3] The anticipated number of events per year
[4] Proposed hours/days of operation
[5] Primary types of events to be hosted and a description of their ancillary activities (e.g. hayrides,
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[6] Size of the barn facility and guest capacity, including a floor plan of the barn and auxiliary
structures (including any tents or other temporary structures)
[7] A site plan/survey for the entire parcel, including ingress/egress, parking areas, all facility
structures/tents, restroom locations, and any other site based features
[8] Provision of restroom facilities, including screening method (must be provided)
[9] Location of refuse receptacles, screening and method of disposal
[10]Proposed signage and lighting plan
[11]Proposed use and location of amplified music
[12]Any additional information required by the Plan Commission to ensure the safe operations of the
event / wedding venue.
__________
Amend permitted use by conditional use grant in the B-1 District to exclude the “Adaptive reuse of
existing barns for an event/wedding venue”- Section 400-62C.(3)(a)
Any conditional use permitted in the RCE District except second residential structures and except the adaptive
reuse of existing barns for an event/wedding venue.
__________
Addition of the definition of “ADAPTIVE REUSE” - Section 400-216
ADAPTIVE REUSE
The reuse of a site/building for a purpose other than originally intended.
Scoreboards
Addition of the allowance of scoreboards under the signage provisions - Section 400-181J.
J. Scoreboards. Upon approval by the Plan Commission, a scoreboard is allowed in the I-1 Government and
Institutional District, PI-1 Parks and Recreation District or at an approved outdoor recreational facility, as
designated in Article XX, subject to the requirements of §400-21. Scoreboards are exempt from the reader
board sign size limits of §400-180F.(2). The size, height and location of a scoreboard is subject to Plan
Commission approval. The Plan Commission will give special consideration to screening from right-of-way
and neighboring residential uses; motion, videos and flashing; and audio/noise emanating from the
scoreboard or system mounted to the scoreboard. The Plan Commission can also consider sponsorship
advertising on the face of the scoreboard, the rear of the scoreboard or the scoreboard structure itself if there
is a defined plan outlining the sizes, quantity and design.
Goats/Sheep and other Livestock
Amend the RCE district’s reference to goats and horses to reflect the other code changes relating to
goats and horses - 400-42C.(1)(c)
(c) Crop, dairy, cattle, horse, goat/sheep and tree farming subject to the following:
__________
Amend the RCE district’s reference to goats to reflect the other code changes relating to goats - 400-
42C.(1)(c)[1]
[1] The keeping or raising of hogs, or fur bearing animals or goats shall not be permitted.
__________
Amend the RCE district’s reference to goats to reflect the square footage requirement for each allowed
animal, rather than the per acre reference - 400-42C.(1)(c)[2]
The keeping or raising of poultry and domestic livestock, except for hogs and fur bearing animals, the raising of
which is absolutely prohibited in this district, shall be permitted as part of a principal agricultural use of the
premises on farms of at least 10 acres in area on the basis of not more than one head of livestock per acre
40,000 square feet of land, nor more than 50 fowl per acre 40,000 square feet of land.
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Amend how the number of allowed livestock/fowl is regulated - 400-42C.(2)(f)[3]
[3] Not more than one head of livestock and or 20 fowl shall be permitted per 40,000 square feet of lot area, nor
shall any such livestock or fowl be permitted on a lot less than 120,000 square feet in area unless the
requirements are met for chickens per Subsection C(2)(f)[2] above. See Subsection C(2)(f)[4] for further
details on how to calculate the number or livestock and fowl allowed.
__________
Addition of clarification on how to determine the number of livestock and fowl allowed on a property -
400-42C.(2)(f)[4]
[4] Determining the maximum number of livestock and fowl. The calculation of the maximum number of livestock
and fowl allowed applies to all subsections in § 400-42C.(2)(f). Different animal types may be combined, but
the total calculated number of animals may not exceed the maximum per-acre density identified in § 400-
42C.(2)(f)[3]. For example, a three-acre lot will allow for three head of livestock or 60 fowl; or a three acre lot
can have one horse, one sheep and 20 head of fowl, or equivalent numbers not to exceed the maximum
allowed.
[a] Contiguous land under the same ownership. The total acreage of parcels of land that are contiguous to
each other, under that same ownership and have the appropriate zoning category may be used when
calculating the maximum number of animals allowed. The minimum lot size for the keeping and raising of
animals shall be met prior to additional animals being allowed for additional contiguous lands.
[b] Contiguous land that is leased. If contiguous land is being leased for agricultural purposes, the leased
land area can be used when calculating the maximum number of animals allowed. Once the land is no
longer being leased, the maximum number of animals allowed shall be adjusted. A written lease
agreement, signed by all property owners, shall be required. The minimum lot size for the keeping and
raising of animals shall be met prior to additional animals being allowed for additional contiguous lands.
The leased land shall be used exclusively by the lessee.
[c] When determining the maximum number of animals allowed on contiguous lands, the land area can only
be used once or by one property owner. Double counting is not allowed.
__________
Addition of storage requirements for bedding, feed and manure as it relates to livestock on residentially
zoned properties - 400-42C.(2)(f)[3][a]
[a] Storage requirements.
(i) All bedding materials must be stored indoors.
(ii) Any outdoor piles of feed and bedding shall be located at least 100 feet from any public right-of-way or
adjacent residential lot line.
(iii) Manure shall be stored no less than 100 feet from any public right-of-way or adjacent residential lot line.
__________
Amend the A-1 district’s reference to goats to reflect the other code changes relating to goats - 400-
76C.(1)(b)[1]
[1] Farms primarily for the keeping or raising of fur bearing animals, or hogs or goats shall not be permitted
except as conditional uses.
__________
Amend the A-1 district’s reference to goats to reflect the other code changes relating to goats - 400-
76C.(3)(b)
(b) Hog, goat or fur farms.
__________
Remove references to hobby farms as the regulations contradict other livestock regulations - 400-166
Hobby kennels and hobby farms.
__________
Remove the hobby farm regulation section as the regulations contradict other livestock regulations - 400-
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(1) When permitted. Hobby farms as defined in this code shall be permitted as an accessory use on any
property having at least 120,000 square feet of land area and zoned for residential use. Said hobby farm
must be incidental to an existing principal residential use and shall be subject to the provisions of this
section.
(2) Building, site and operation plan required. All hobby farms proposed from and after the adoption of this
code are subject to building, site and operation plan approval by the Plan Commission following written
notice being distributed by the City to neighboring property owners within 100 feet of the subject property.
(3) Permitted fowl and livestock. One head of livestock and 10 fowl shall be permitted per 40,000 square feet
of land area, to a maximum of 30 head of livestock and 50 fowl.
(4) Prohibited fowl and livestock. Hogs and fur bearing animals other than rabbits are prohibited.
(5) Permitted horses. Horses shall be permitted when a parcel has at least 2.75 acres of land area. When the
land is compliant, one horse is allowed for every 40,000 square feet of land area.
(6) Storage requirements.
(a) On parcels of land less than 200,000 square feet in area, all bedding materials must be stored
indoors.
(b) On parcels of land 200,000 square feet in area or greater, any outdoor piles of feed and bedding shall
be located at least 100 feet from any public right-of-way or adjacent residential lot line.
(c) Manure shall be stored no less than 100 feet from any public right-of-way or adjacent nonresidential
lot line.
__________
Addition of the definition of “LIVESTOCK” - Section 400-216
LIVESTOCK
Horses, cattle, sheep and goats kept or raised for domestic use, not including hogs/pigs or fur bearing
animals.
__________
Remove the “FARM, HOBBY” definition since hobby farm references are being removed from the zoning
code - 400-216
FARM, HOBBY
An area of land devoted to agricultural activities which are accessory to the principal use of the property,
including growing of customary produce, including but not limited to vegetables, fruits, and grains, and for the
packaging and storage of produce grown on premises, as well as for the raising thereon of the usual poultry
and livestock such as horses and cattle, and not including commercial feeding of garbage or offal to swine or
other animals, the commercial feeding of animals on open lots where no feed is raised on the premises, or the
commercial feeding of poultry or laboratory animals such as mice, rats, etc. Hobby farms are subject to
limitations on the maximum head of poultry and livestock and separation requirements found in § 400-166B of
this code.
__________
Remove the “STABLE, PRIVATE” definition since private stables are not referenced anywhere in the
zoning code text and since the hobby farms that definition reference are being removed from the zoning
code - 400-216
STABLE, PRIVATE
An accessory use and accessory structure constructed and operated under the auspices of a hobby farm
building, site and operation plan in which equines are kept primarily for breeding, private boarding, training
and/or giving lessons, but not for rent or hire to the public.
Other Miscellaneous Zoning Codes
Amend who reviews variances to the separation between the highest anticipated seasonal groundwater
level from the Zoning Board of Appeals to the Public Works and Safety Committee - Section 400-31B.(1)
(1) Adequate drainage required. No principal building shall be erected, structurally altered, or relocated on land
which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest
floor level is less than two feet above the highest anticipated seasonal groundwater level. An occupancy
permit and zoning permit shall not be issued for any lot where the grading plan approved for that lot at the
time of its platting has not been accomplished. Any variances to this requirement can only be made by the
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__________
Amend the minimum parking stall size required from 10’ x 20’ to 9’ x 18’- Section 400-190D.(1)
(1) Parking stalls shall be a minimum size of 109 feet wide by 2018 feet in length when aligned horizontally and
9.5 feet wide by 18 feet in length when aligned diagonally, unless the Plan Commission decides that the use
of the parking stalls does not warrant a need for this size.
__________
Amend who can approve more than one principal residence on a lot - Section 400-29B.
B. Only one principal residence building on a lot. Except as specifically otherwise provided herein for attached
single-family dwellings, apartments/condos, farms, or planned development projects, only one principal
residence building shall be permitted on a lot; provided, however, that the Zoning Board of Appeals Plan
Commission may grant an exception to permit more than one principal building on a lot where such grant
would not be contrary to the spirit or intent of this chapter or to the regulations applicable to the specific
district, and provided that a sufficient lot area is provided and the buildings so located as to permit individual
compliance, in the case of future division, with the lot size, density, building location, and open space
requirements of the district in which located.
__________
Addition of a requirement that clarifies that any restrictions, regulations, etc. noted on a recorded
Subdivision Plat, Condominium Plat or Certified Survey Map must be followed - 400-15E.
E. All restrictions, conditions, and regulation notes placed on a recorded Subdivision Plat, Condominium Plat or
Certified Survey Map must be followed.
__________
Addition of a restriction of non-shielded window lighting that is visible from the outside of the window -
Section 400-193G.
G. No lighting, whether located on the interior or exterior of a window, can be attached to the window or window
frame on a commercial or industrial property where the light source can be directly seen from the outside.
Also, these window lights cannot be flashing or moving.
__________
Edit the “SIGN, GROUND” definition to remove the incorrect note about the size of the landscape base
area - Section 400-216
__________
Remove the graphic for “SIGN, POLE” since it is out of date and incorrect - Section 400-216
__________
Amend how the composition of the Plan Commission, specifically the Aldermanic member, is appointed
to match state statues - Section 400-17B.(1)(b)
(b) An Alderperson appointed by the Council.
__________
Amend how the Aldermanic member of the Plan Commission is appointed to match state statues -
Section 400-17B.(2)(a)
Remove text from graphic
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(a) Aldermanic member. The Aldermanic member of the Plan Commission shall be elected appointed annually at
the Common Council reorganization meeting by a two-thirds vote of the Common Council the Mayor and
confirmed by a majority vote of the Common Council.
__________
Amend how the Aldermanic member of the Plan Commission is filled in the case of a vacancy to match
state statues - Section 400-17B.(3)(a)
(a) Aldermanic member. The Alderperson member of the Plan Commission shall serve for one year, unless the
position becomes vacant, in which case the Common Council Mayor shall elect appoint a new representative
as outlined in Subsection B(2)(a) above.
__________
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