PCA20110503CITY OF MUSKEGO
PLAN COMMISSION AGENDA
6:00 PM Tuesday May 3, 2011
Muskeqo City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF THE MINUTES OF THE APRIL 5, 2011 MEETING
OLD BUSINESS FOR CONSIDERATION The following agenda items have been deferred by
the Plan Commission and are recommended by the Community Development Department for
individual consideration.
#P.C. 029-2011 — Discussion of a Conceptual Rezoning for Edgewood Contractors for the
property located in the SE'/4 of Section 18 (Tax Key No. 2232.980).
OLD BUSINESS SCHEDULED FOR DEFERRAL The following agenda items have been
deferred by the Plan Commission. Planning Department staff have reviewed each case and
determined that they have not met one or more specific criteria for approval and are
recommended for deferral en gross. However, the Plan Commission may take action on any
item herein.
RESOLUTION #P.C. 022-2011 — Approval of an Annual Review for Frey Auto located in the
NE '/4 & SE '/4 of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 &
2293.996.002).
CONSENT BUSINESS The following agenda items have been received by the Community
Development Department and are recommended for approval en gross.
RESOLUTION #P.C. 030-2011 — Approval for the sale of fireworks for Ben Karsky (TNT
Fireworks) at the Pick `n Save property located in the NW 1/4 of Section 10 (Tax Key No.
2199.999.065 / S74 W17005 Janesville Road).
NEW BUSINESS FOR CONSIDERATION The following agenda items have been received by
the Community Development Department and are recommended for individual consideration.
None.
NEW BUSINESS PLACED ON FILE The following agenda items have been received by the
Community Development Department and assigned case numbers. Community Development
Department staff will review each case in the order received and will present each item for
consideration by Resolution at future meetings in the order received, subject to the time frames
provided by Municipal Code and Wisconsin Statutes.
None.
MISCELLANEOUS BUSINESS
Plan Commission Agenda, continued
May 3, 2011
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.
PAGE 2
CITY OF MUSKEGO
PLAN COMMISSION MINUTES unapproved
6:00 PM Tuesday April 5, 2011
Muskeqo City Hall, W182 S8200 Racine Avenue
Ald. Snead called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Ald. Snead, Ald. Borgman, Commissioners Burke, and Jacques and Director Muenkel and Recording
Secretary McMullen.
ABSENT
Mayor Johnson and Commissioners Noah, Hulbert, and Stinebaugh
Recording Secretary McMullen noted that the meeting was properly noticed on March 30, 2011 in
accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE MARCH 30, 2011 MEETING Commissioner Jacques made
a motion to approve the minutes of the February 10, 2011 meeting. Commissioner Burke seconded.
Upon a voice vote, motion to approve the minutes was ADOPTED unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 021-2011 — Approval of an Annual Review for the Durham Hill Auto
property located in the NE '/4 of Section 25 (S98 W12578 Loomis Drive / Tax Key No.
2257.982.002). Director Muenkel explained an inspection was completed on March 28, 2011
and the site was found to be in compliance. Staff is recommending approval. Commissioner
Jacques made a motion to AMEND Resolution #P.C. 021-2011 to read: WHEREAS, A site
inspection was completed on PebruaFy 25, 2011 March 28, 2011 and compliance is now
found .
Commissioner Burke seconded. Upon a roll call vote Resolution #P.C. 021-2011 was
AMENDED unanimously. Upon a roll call vote AMENDED Resolution #P.C. 021-2011 was
ADOPTED unanimously.
OLD BUSINESS SCHEDULED FOR DEFERRAL
RESOLUTION #P.C. 022-2011 — Approval of an Annual Review for Frey Auto located in the
NE '/4 & SE 1/4 of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 &
2293.996.002). Director Muenkel explained a new site inspection was completed on March 28,
2011 and cars were still out of place. The owner called today at 4:00 pm, but this item was
already scheduled for deferral till next month. JJ Frey, business owner, was present and
explained he has been on this site for 15 years and the business has outgrown the property. He
stated there is nothing more he can do with this property with the amount of vehicles and work
he does in a day. Mr. Frey further stated he owns property across the street and would like to
have construction started on a new building by the end of the year. Ald. Snead questioned if he
considered creating more parking area across the street for the cars until the new site is ready.
Mr. Frey stated he didn't want to put more money into the new site if it wouldn't work with the
final plans for that area. Ald. Borgman made a motion to defer Resolution #022-2011.
Commissioner Jacques seconded. Upon a voice vote Resolution #P.C. 022-2011 was
DEFERRED unanimously.
CONSENT BUSINESS
Plan Commission Minutes, continued
April 5, 2011
Ald. Borgman made a motion to ADOPT Resolutions #P.C. 024-2011, 026-2011, 027-2011, and 028-
2011 engross. Commissioner Jacques seconded. Upon a roll call vote, the motion passed
unanimously.
RESOLUTION #P.C. 024-2011 — Approval for the sale of fireworks for Vince and Heather
Siegel at the Piggly Wiggly property located in the NE '/4 of Section 8 (Tax Key No. 2192.973 /
W 189 S7847 Racine Ave). Resolution #P.C. 024-2011 was ADOPTED unanimously.
RESOLUTION #P.C. 026-2011 — Approval of a Building, Site, and Operation Plan a two-family
residential structure for the Crosswind Homes property located in the SE '/4 of Section 3 (Tax
Key No. 2172.022 / Lot 12 Princeton Court- Northfield Green Subdivision). Resolution #P.C. 026-
2011 was ADOPTED unanimously.
RESOLUTION #P.C. 027-2011 — Approval of a Building, Site, and Operation Plan for a two-
family residential structure for the Quality Craft Homes property located in the SE '/4 of Section 3
(Tax Key No. 2172.024 / Lot 14 Princeton Court- Northfield Green Subdivision). Resolution #P.C.
027-2011 was ADOPTED unanimously.
RESOLUTION #P.C. 028-2011 — Approval of a Right -of -Way Vacation and a one lot Certified
Survey Map for the Veolia property located in the NE '/4 of Section 2 (Tax Key No.
2165.998.009, 2165.998.008, 2165.998.007 / W 144 S6350 College Ct). Resolution #P.C. 028-
2011 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 023-2011 — Approval of an Annual Review for Wal-Mart located in the NE
1/4 of Section 3 (Tax key No. 2169.999.003 / W159 S6530 Moorland Road). Commissioner
Burke made a motion to ADOPT Resolution #P.C. 023-2011. Ald. Borgman seconded.
Director Muenkel explained as part of the original BSO approvals for Wal-Mart an annual review
was required six months after occupancy. The three main items of concern were 24 hour
operations, truck deliveries, and the noise/decibel levels. Staff has not received any complaints
since the opening in Fall of 2010. Truck deliveries were limited to the hours of 5 am and 11 pm
and are required to shut down the engines during loading and unloading. Signs have been
posted stating this and the delivery times have been followed. The decibel levels were limited to
50 db at the east lot line. Staff has a calibrated sound level meter and completed an inspection
on March 28th. Staff found the decibel levels to be no more than 40 db along the entire east lot
line. Ald. Harenda was present and explained Wal-Mart has been a good corporate neighbor.
Ald. Harenda requested that another review take place again in 6 months. By doing that the
neighboring residents would have gone through a full year including summertime when windows
may be open. Commissioner Burke agreed and noted staff should not have to go back out with
the sound meter again, but it may be helpful to get residents feedback. Jason Radliff, store
manager, was present and stated Wal-mart is open to anything and if any issues were to come
up they would like to know so they can fix it. Ald. Snead clarified that an informal review would
be sufficient in 6 months. Ald. Harenda agreed and stated he would coordinate with staff to get
resident feedback. Upon a roll call vote, Resolution #P.C. 023-2011 was ADOPTED
unanimously.
RESOLUTION #P.C. 025-2011 — Approval for the sale of plants and flowers for Stein Just
Plants at the Kohl's property located in the SW '/4 of Section 2 (Tax Key No. 2167.995.008 / S68
W15388 Janesville Road). Ald. Borgman made a motion to ADOPT Resolution #P.C. 025-2011.
Commission Jacques seconded. Director Muenkel explained the petitioner is proposing a
PAGE 2
Plan Commission Minutes, continued
April 5, 2011
temporary tent/greenhouse for the sale of plants and flowers along the Janesville Road side of
Kohl's parking lot. A 24' x 40' green house is proposed with an additional 1,920 sq. ft. of display
area. The display area will consist of metal benching and/or plastic tables. The display will take
up approximately 14-16 parking spaces and a picket style fence will enclose the area. The
checkout will be located within an 8'x10' shed located by the entry to the garden center.
Signage will be 2 - 24" x 48" signs on the sides of the greenhouse, 1- 48" x 96" sign on the rear
of the cashier stand, 8-banner signs in the planter with the Stein Just Plants logo, 1-wind sign
with store hours, one 24" x 32" promotional sign, and 8'/z x 11 card signs in the display areas.
Operations are proposed from April 25th to July 8th from 8:00 AM to 8:00 PM weekdays and
Saturdays and 9 AM to 6 PM on Sundays. Permission has been granted for the use of this
portion of the site. The use of the restroom facilities is being worked out with Kohl's, or a
portable toilet will be required on site.
A transient merchant license must be obtained by the Clerk's Office and an electrical permit and
inspection will be required by the Building Department. The Utilities Department will need to be
contacted for any water connections.
Commissioner Burke questioned if after the business is done will there be anything remaining on
site. Director Muenkel stated there would not be. The company would remove everything.
Upon a roll call vote, Resolution #P.C. 025-2011 was ADOPTED unanimously.
W.C. 029-2011 — Discussion of a Conceptual Rezoning for Edgewood Contractors for the
property located in the SE % of Section 18 (Tax Key No. 2232.980). Director Muenkel explained
this item is for discussion to give the petitioner feedback on the possibility of the 15 acres being
rezoned to RM-1 (Multiple Family Residence District) for a future affordable senior apartment
development. A variety of reasons for a rezoning to an RM-1 district are listed in the narrative by
the petitioners. Some of the reasons include: the current market demand for senior apartments
exists for the foreseeable future, RM-1 development will provide a tax boost for Muskego, sewer
service is available here, the property is in a good location close to goods/services, and natural
buffers exist on the property to shield this type of use from the surrounding neighborhood.
Director Muenkel explained the current zoning is A-1 (Agricultural District) which requires
minimum lot sizes of 120,000 square feet and average lot width of 300'. The RM-1 zoning
district requires 5,000 square feet of lot area per unit proposed.
The 2020 Plan depicts the area for Rural Density Residential (<.49 units/acre). The proposed
concept of RM-1 would most likely require an amendment to the Plan of Medium (1-2.99
units/acre) or High Density residential (>3 units/acre).
Past proposals have shown there are some wetland areas in the western portion of the property.
There are also some existing trees that provide some natural buffers around the perimeter of the
property. Plan Commission should determine if this new multi -family use is ready for this area.
Past requests have been related to general multi -family while this use is to fill the void of senior
housing needs.
Commissioner Burke noted that only half of the Plan Commission members were able attend the
meeting and it would be beneficial to receive feedback from the other members, especially
Commissioner Stienbaugh who was a member of the 2020 Comprehensive Plan committee.
Commission Burke added that decisions at Plan Commission are made based on the 2020 Plan
and this request is a significant deviation from it. Commissioner Burke expressed concern that
PAGE 3
Plan Commission Minutes, continued
April 5, 2011
senior living is a big driving force for this development, but others have been given approval in
the past and haven't broken ground yet.
The petitioner, Tom Stang, was present and explained two separate investors have made offers
to build a senior living development. Important features to them were the proximity to a main
road and shopping center and the natural buffers of the property. Mr. Stang added that the back
15 acres (property to the south) could remain in conservancy. Mr. Stang also added that the
driving force in the development of this property are the two offers they have received and there
has been more activity in the area such as the Moose Lodge.
Ald. Borgman stated that the past senior developments have all been located along the trail
system.
The Commissioners discussed the recently approved rezoning for the Willow Glen development
located off Racine Avenue. Director Muenkel explained the Willow Glen proposal for a rezoning
included a site plan, a detailed architectural building submittal, and a developer's agreement,
which were all approved together.
Commissioner Jacques questioned the need for senior housing because the complex on Woods
Road and Racine Avenue across from Regency has many signs up advertising they have space
available.
Commissioner Borgman questioned what the density would be. Mr. Stang stated they were
looking to do 3 phases of 40 units each for a total of 120 units.
It was the consensus of the Plan Commission to bring this issue back next month for discussion
to hear Commissioner Stinebaugh's opinion from past 2020 Plan Committee discussions and to
see more detail from the petitioner.
NEW BUSINESS PLACED ON FILE
None.
MISCELLANEOUS BUSINESS
None.
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 6:50 PM. Ald. Borgman seconded. Upon a
voice vote, motion carried. With no further business to come before the Commission, the meeting
was adjourned.
Respectfully submitted,
Kellie McMullen
Recording Secretary
PAGE 4
City of Muskego
Plan Commission Discussion PC 029-2011
For the meeting of: May 3, 2011
REQUEST: Conceptual Discussion
Tax Key No. 2232.980
SE '/4 of Section 18
PETITIONER: Edgewood Contractors, Inc.
INTRODUCED: April 5, 2011
LAST AGENDA: April 5, 2011
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 029-2011
Plan Commission deferred the discussion further to allow the Plan Commissioner's absent from the April 2011
meeting to weigh in on the issue as well. Plan Commission requested that the petitioner come back with as
much detail as possible to better convey their reasoning's behind the request and the plans they have in mind
(density, layout, etc.) as they believed there should be very compelling reasons to deviate from the
comprehensive plan. Plan Commission was interested in what the 2020 Planning Committee thought about this
area during their planning of the 2020 Pan (interested in Commissioner Stinebaugh's thoughts regarding this).
Lastly, Plan Commission requested anymore information the 2020 Plan itself has to say about comprehensive
plan amendments in general or for this direct area.
Petitioner new submittals:
At the time of sending out this supplement staff didn't receive any new information from the petitioners. The
petitioners should be on hand though to explain their proposal in more detail.
Further 2020 Plan details requested:
As mentioned at the April PC meeting, the 2020 Planning Committee discussed this parcel in particular a few
times during the course of outlining the 2020 Plan. The discussions the 2020 Committee had were a result of
Edgewood Contractor's request at those meetings. In all, the 2020 Committee found that the area didn't seem
right to change to a different density or land use based on the information at hand. However, the Committee
indicated to the petitioners that there is a process to allow changes to the 2020 Plan should market determinants
change and can be demonstrated to the political body for such a change.
The 2020 Plan does have a recommendation on 2020 Plan land use changes per the following:
Plan Amendments: The Comprehensive Plan is not a strict blueprint for development and land use patterns in
the City of Muskego. The Plan will be flexible as constraints of the environment and community desires may
change. The recommendations and objectives set forth herein were based upon existing factual data and the
spoken priorities of those involved in the planning process. During the course of the planning process, it was
known by those involved that constraints of the environment, infrastructure needs, or individual aspirations
might change. Thus, this Plan should be amended if demonstrated as appropriate to the Common Council.
However, amendments should only be made after a rational evaluation of the existing conditions and the
potential impacts of such a change are made. Thus, this Plan recommends that the following be answered
and/or shown to the Common Council and Planning Commission before any amendment request is fulfilled.
1. What has changed with the parcel(s) since the adoption of the 2020 Plan that warrants a new
thinking/direction for the area?
2. Demonstrate that the proposed amendment is consistent in all respects to the spirit and intent of the City's
ordinances, is in conformity with the general plans for community development, would not be contrary to
the general welfare and economic prosperity of the City or of the immediate neighborhood, that the specific
development plans have been prepared with competent professional advice and guidance, and that the
benefits and improved design of the resultant development justifies the variation from the normal
requirements of the adopted Comprehensive Plan.
3. Any other criteria that the Council and/or Planning Commission deems necessary. Said criteria may be
adopted in the form of an adopted policy by the aforementioned bodies of Muskego government.
Rest of original supplement from the April meeting
The petitioner has submitted a narrative requesting the Planning Commission discuss their current thoughts on the
possibility of the 15+ acre above referenced property to have a future zoning of RM-1 (Multiple Family Residence District)
to support a future "affordable/Senior apartment" development.
The petitioner is requesting a conceptual discussion to get comments from the Planning Commission regarding the
proposal. The petitioner will be present at the meeting to further explain the conceptual proposal and to answer any
questions.
History: Some Plan Commissioners may recall past requests for this area. However, past requests were for the property
being discussed tonight along with the property directly to the south totaling over 30 acres at the time. The most recent
discussions for this general area were the following:
• PC Res. #081-2004 Preliminary Plat & Yield Plan for a Conservation Subdivision named Heather's Way, which met the densities of
the Comprehensive Plan — Approved
• PC Res. #095-2005 Rezoning to RSM (allowed 1 unit per 5, 000 SF) for a future multi -family development — Defeated
• PC Res. #125-2006 Rezoning to RSA (allowed 1 unit per 10,000 SF) for a future multi -family development— Defeated.
PLAN CONSISTENCY PC 029-2011
2020 Comprehensive Plan: The 2020 Plan depicts the area for Rural Density Residential (<.49 units/acre). The
proposed concept to go to an RM-1 zoning district would require a future amendment
the Plan of Medium or High Density Residential.
Zoning: The property is currently zoned A-1 Agricultural District. Parcels within the A-1
District require minimum lot sizes of 120,000 SF and average lot width of 300'.
Parcels in an RM-1 zoning district require 5,000 SF of lot area per unit proposed.
The current lot is approximately 15.3 acres which may yield up to 5 parcels under the
current A-1 zoning and possibly up to 133 units under RM-1 zoning.
Park and Conservation Plan:
Nothing is shown in the Plan for the internal area of this site.
Street System Plan: A formal plat would have to dedicate any required street dedications. Access would
derive from Hillendale Drive unless other parcel acquisitions were sought.
Adopted 208 Sanitary Sewer The property does have availability to be serviced by public sewer.
Service Area:
Water Capacity Assessment The property does have availability to be serviced by public water.
District:
Stormwater Management Plan:
Any proposed new residential use may be subject to Stormwater Management
pursuant to Chapter 34 of the Municipal Code.
DISCUSSION PC 029-2011
The conceptual discussion before us is located on 15 acres, and the petitioners are referring to it as Heather's Way, along
the eastern side of Hillendale Drive, just south of Janesville Road and the WEPCO recreation trail. Edgewood
Contractors, Inc. has submitted a narrative discussing their requested future intentions and is looking for comments. The
conceptual proposal is to rezone the 15+ acres to RM-1 Multiple Family Residence District to allow a future
"affordable/senior apartment" development.
Please read the attached narrative as it has a variety of reasons that the petitioners believe that today is the right time for
such a use. The narrative also discusses a few points on why the parcel may be suited to allow a senior housing
development due to the location and features that exist here.
Note that the petitioners do have a couple other ideas for the parcel in the event that RM-1 zoning for senior housing
wouldn't be looked upon favorably. These are noted at the bottom of their narrative as a satellite casino or a recreation
resort. The main discussion item appears to be the RM-1 zoning and the petitioner can discuss these other noted uses at
the meeting if they would like.
2020 Plan
As stated above, the 2020 Plan depicts the area for Rural Density Residential (<.49 units/acre). The proposed concept to
go to an RM-1 zoning district would require a future amendment the Plan of Medium (1-2.99 units/acre) or High Density
Residential (> 3 units/acre).
Zoning
As stated above, the property is currently zoned A-1 Agricultural District. Parcels within the A-1 District require minimum
lot sizes of 120,000 SF and average lot width of 300'. Parcels in an RM-1 zoning district require 5,000 SF of lot area per
unit proposed. The current lot is approximately 15.3 acres which may yield approximately 5 parcels under the current A-1
zoning and possibly up to 133 units under RM-1 zoning.
Existing Lot
The lot is currently rural and agricultural in nature and does have one home existing upon it today. From past proposals
we know that the western portion of the lot may house some wetland areas and there are some existing trees providing
some natural buffers around the perimeters of the lot (see supplemental map).
DIRECTION PC 029-2011
As stated before, the petitioner will be present at the meeting to further explain the proposal and to answer any questions.
No formal approval or denial will be given at this meeting and no guarantees can be made. This conceptual discussion is
intended to solicit comments, suggestions, and ideas. If the petitioner would like to take the next step and eventually apply for a
formal rezoning, the comments received at this meeting should be taken into consideration.
Overall, it is up to the Planning Commission if they feel that a new multi -family use involving senior housing may be ready for
this area. Past submittals for the property were more directly related to a general multi -family use while this proposal is directed
to fill a void of senior housing needs in the area. Some of the environmental features of the property may work to shield such a
proposed use from the surrounding neighborhood and may work well due to this. However, having more information (full
Building, Site, and Operation Plan) will probably be key to any actual determinations/approvals in the future to truly gauge how a
development will fit and how it may directly affect the surrounding neighborhood.
Resolution #PC 029-2011
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
CITY OF Prepared by City of Muskego
USKEGOPlanning Department
3/29/2011
Supplemental Map
Property Owner:
Edgewood Contractors
The ECI property should be developed into RMA based on the following points:
1.) Current market demand exists only in the affordable/senior apartment sector
for the foreseeable future, providing housing for those residents whose housing
requirements may have changed because of age. Rentals are up 7.9% in 2010
on a National basis, while housing remains flat and may take an additional down
turn. (Scotsman guide January 2011).
2.) As per the 2020 Comprehensive Plan, Muskego's housing stock should be
market driven, not government driven. The banking market place, is offering
attractive multifamily financing, but does not provide any other land development
financing.
3. A RM-1 development would provide a tax base boost to the city and could be
started almost immediately, with an expected 3 phase build out, with only 40
units per phase.
3. The ECI propety is in the sewer service area that offers plenty of capacity.
4. The area around the ECI properly has been seen significant growth and new
building over the last ten years and would not interfere with the Janesville Rd.
redevelopment plans.
5. The ECI property is within 1 mile of a significant (Piggly Wiggly) retail mall,
which would be convenient for renters.
6. Qualified investor/builders have expressed a strong interest to pursue a RM-1
development on the ECI site due to it's advantageous location.
7.) Area has natural buffers with tree lines to west and north, dip in elevation
behind True Value and developer could add additional tree line/buffers on west
edge of property along Hillendale. South piece remains open, if necessary a tree
line buffer could be planted.
8.) An area that looks blighted would be greatly improved with new building
additions.
9.) 13.8- 15 acres is not realistic to support Ag activities. Property has been
taxed residential since inception in 1997, with the exception of four acres.
Other ideas:
Satellite Casino with/without lodging facilities (Indian Based).
Tribes are normally flush with cash and would not have financing issues, huge
tax base enhancement.
New Recreation/Resort area (indoor water park) with lodging.
City of Muskego
Plan Commission Supplement PC 030-2011
For the meeting of. May 3, 2011
REQUEST: Approval of a BSO to Permit Temporary Fireworks Sales at Pick 'n Save
S74 W17005 Janesville Road / Tax Key No. 2199.999.065
NW '/4 of Section 10
PETITIONER: Ben Karsky — TNT Fireworks
INTRODUCED: May 3, 2011
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 030-2011
Petitioner proposes to operate a temporary fireworks sales stand at the Pick 'n Save parking lot. A 20' x 40' tent is
proposed. Signage has been indicated as one 2' x 8' and three 2.5' x 15' 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
20th — July 7th, from 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site.
Proof of access to restroom facilities must be provided to the Planning Division before the site can operate.
DISCUSSION PC 030-2011
This is a new sales location for firework sales within Muskego. The proposal is consistent with operations of other
vendors in Muskego.
A transient merchant license must be obtained from the City Clerk's Office.
STAFF RECOMMENDATION PC 030-2011
Approval of Resolution #PC 030-2011
Resolution #PC 030-2011
LEGEND
Agenda Item(s)
Property
■ I Zoning Districts
Right-of-way
Hydrography
Aerial Photo Date: April 2010
CITY OF Prepared by City of Muskego
USKEGOPlanning Department
4/28/2011
Supplemental Map
Petitioner:
Ben Karsky (TNT Fireworks)
S74 W17005 Janesville Road
RESOLUTION #P.C. 030-2011
APPROVAL FOR THE SALE OF FIREWORKS FOR BEN KARSKY (TNT FRIEWORKS) AT THE PICK 'N
SAVE PROPERTY LOCATED IN THE NW '/4 OF SECTION 10
(S74 W17005 JANESVILLE ROAD / TAX KEY NO. 2199.999.065)
WHEREAS, A request has been submitted by Ben Karsky to locate a temporary sales tent and signs
advertising the sale of fireworks at the Pick 'n Save property located at S74 W 17005 Janesville Road, and
WHEREAS, Fireworks sales have not been previously operated at this location, and
WHEREAS, The tent canopy will be 20' x 40' in size, and
WHEREAS, Signage has been noted on the proposal as one 2' x 8' and three 2.5' x 15' 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 that proof of sanitary facilities accommodations is
pending, and
WHEREAS, An electrical permit and inspection may be required by the Building Inspection Department for
the electricity hookup, 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 Pick 'n Save parking lot for fireworks sales for Ben Karsky subject to the following conditions:
1. Dates of operation approved from June 201h, 2011 to July 7`h, 2011 and
2. Hours of operation permitted only from 9 am to 9 pm, and
3. A letter of approval from the property owner has been submitted to the Planning Department
approving rental space for Mr. Karsky, and
4. Applicable permits / licensing must be obtained from the Building Inspection department prior to
any site work on the property.
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 Pick 'n Save property.
BE IT FURTHER RESOLVED, That proof of access to restroom facilities must be provided to the Planning
Division before the site can operate.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: May 3, 2011
ATTEST: Kellie McMullen, Recording Secretary
Ben Karsky
TNT Fireworks
Area Manager
Wisconsin
Business Operation Proposal
3008 W. Rose Crest Dr.
Sioux Falls, SD 57108
Office 701-261-6345
Mobile 763-226-6980
A. Name of business operation: American Promotional Events dba TNT Fireworks.
B. Place of operation: Pick N Save #6381, S74W17005 Janesville Rd, Muskego, WI
53150.
C. Property Owner: Roundy's Supermarkets INC, PO BOX 473 Milwaukee, WI 53201
D. Description of operation: The retail sale of fireworks allowed by Wisconsin State
Statute 167.10 and the city of Muskego. The sales will be conducted out of a 20' x 40'
flame retardant canopy tent.
E. Signage: The signage used will be as shown in the planagram included with this
application.
F. Trash: Trash will be removed from the site daily.
G. Dates and Hours of Operation: Set up will be no sooner than June 20, 2011 with tear
down on July 7, 2011. Actual operation and selling will not take place until June 28, 2011
and run until July 4, 2011. Hours of operation will be 9:00 am until 9:00 pm daily.
H. Insurance: A $1,000,000 liability policy will be in place for the group and location. The
city of Muskego will be listed as an additional insured.
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