The URL can be used to link to this page

PCA20120306 (2)CITY OF MUSKEGO PLAN COMMISSION AGENDA 6:00 PM Tuesday March 6, 2012 Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES OF THE DECEMBER 6, 2011 MEETING PUBLIC HEARING for a renewal of a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE '/4 and SE 1/4 of Section 13 (Tax Key 2230.996 / W217 S8425 Crowbar Road). PUBLIC HEARING for a Conditional Use in accordance with Section 14 of the City of Muskego Zoning Ordinance for Midwest Auto Doctors for the purpose of an auto sales and service/repair facility On Gemini Drive, in the NW'/4 of Section 16. 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. RESOLUTION #P.C. 048-2011 —Approval of a Building, Site, and Operation Plan Amendment for the Kohls property located in the SW'/4 of Section 2 (Tax Key 2167.995.008 / S68 W15388 Janesville Road) 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. None. CONSENT BUSINESS The following agenda items have been received by the Community Development Department and are recommended for approval en gross. RESOLUTION #P.C. 001-2012 — Approval for the sale of fireworks for Vince and Heather Siegel at the Jetz Fuel property located in the SW '/4 of Section 2 (Tax Key No. 2167.995.011 / S69 W15461 Janesville Road). RESOLUTION #P.C. 002-2012 — 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 / W189 S7847 Racine Ave). Plan Commission Agenda, continued March 6, 2012 RESOLUTION #P.C. 007-2012 — Approval of an Annual Review for the George Alex property located in the NE'/4 and SE'/4 of Section 25 (Tax Key No. 2257.984 / Loomis Drive). RESOLUTION #P.C. 008-2012 — Approval of an Annual Review for George Alex / Robert Jacob property located in the NE '/4 of Section 25 (Tax Key No. 2257.973.001 / S98 W12575 Loomis Court & W125 S9912 North Cape Road). RESOLUTION #P.C. 009-2012 — 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). RESOLUTION #P.C. 010-2012 — Approval of an Annual Review for Frey Auto located in the NE 1/4 & SE '/4 of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002). RESOLUTION #P.C. 011-2012 — Approval of renewal of outdoor storage for Ralph W. Raush at the property located at S83 W18550 Saturn Drive (Tax Key No. 2223.003 / Lake & Country Storage). RESOLUTION #P.C. 012-2012 — Approval to renew permit for Stan A. Zdanczewicz at the property located at W182 S9292 Parker Drive (Tax Key No. 2243.988). RESOLUTION #P.C. 013-2012 — Approval of truck parking for Jack and Marvin Strasser at the property located at S76 W17871 Janesville Road (Tax Key No. 2196.975 & 2196973 / Johnny's Petroleum). RESOLUTION #P.C. 014-2012 — Approval to renew permit for dog kennel for Paws Inn at the property located at S92 W19918 Henneberry Drive (Tax Key No. 2239.999). RESOLUTION #P.C. 015-2012 — Approval of an Annual Review for the RD Meyer Mini Storage property located in the NE '/4 of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners Drive). RESOLUTION #P.C. 016-2012 — Approval of an Annual Review for A.W. Greenhouse located in the SW'/4 of Section 16 (Tax Key No. 2223.994.015 / S83 W18787 Saturn Drive). RESOLUTION #P.C. 017-2012 — Approval of an Annual Review for the Bed and Breakfast on the Reher property located in the SW '/4 of Section 33 (Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive). RESOLUTION #P.C.019-2012 — Approval of a metal Accessory Structure on the Randal Hoernke property located in the SE '/4 of Section 30 (Tax Key No. 2280.999.008 / S102 W20840 Kelsey Drive). RESOLUTION #P.C.020-2012 — Approval of a Business, Site, and Operation Plan Amendment for a Master Sign Plan for the Shops at Janesville Commons property located in the NW 1/4 of Section 10 (Tax Key No. 2199.999.063 / S74 W16825 Janesville Road). RESOLUTION #P.C. 022-2012 — Approval for the sale of fireworks for Timothy Delimat at the Pick N Save property located in the SW '/4 of Section 10 (Tax Key No. 2199.999.065 / S74 W17005 Janesville Road). PAGE 2 Plan Commission Agenda, continued March 6, 2012 NEW BUSINESS FOR CONSIDERATION The following agenda items have been received by the Community Development Department and are recommended for individual consideration. RESOLUTION #P.C. 051-2011 — Approval of a Preliminary Plat for the Crystal Cove Subdivision located in the SE '/4 of Section 32 (Tax Key No.'s 2287.999.004 & 2288.996.003 / Crystal Drive). RESOLUTION #P.C. 003-2012 — Recommendation to Common Council to rezone a property from A-1 — Agricultural District to RC-1 — Country Residence District for the Schaumberg property located in the NE, SE, & SW '/4 of Section 21 (Tax Key 2241.997 / W181 S9102 Parker Drive). RESOLUTION #P.C. 004-2012 - Recommendation to Common Council to amend the Chapter 17 Zoning Code and Zoning Map of the City of Muskego relating to the EA Exclusive Agricultural District text and district mapping. RESOLUTION #P.C. 005-2012 - Recommendation to Common Council to amend Chapter 17 Zoning Code of the City of Muskego (Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05, & 16.09). RESOLUTION #P.C. 006-2012 - Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant for Payne & Dolan in the NE '/4 and SE '/4 of Section 13 (Tax Key 2230.996 / W217 S8425 Crowbar Road). RESOLUTION #P.C. 018-2012 — Approval of a Conditional Use Grant for Midwest Auto Doctor for auto sales at the property located in the NW '/4 of Section 16 (Tax Key No. 2221.016 / S81 W18510 Gemini Drive). RESOLUTION #P.C. 021-2012 — Approval for the sale of plants and flowers for Steins Just Plants at the Kohl's property located in the SW % of Section 2 (Tax Key No. 2167.995.008 / S68 W15388 Janesville Road). 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 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 3 CITY OF MUSKEGO PLAN COMMISSION MINUTES unapproved 6:00 PM Tuesday December 6, 2011 Muskego City Hall, W182 S8200 Racine Avenue Mayor Chiaverotti called the meeting to order at 6:00 PM. Those present recited the Pledge of Allegiance. PRESENT Mayor Kathy Chiaverotti, Ald. Borgman, Commissioners Hulbert, Burke, Stinebaugh and Jacques and Director Muenkel and Recording Secretary McMullen. ABSENT Commissioner Noah Recording Secretary McMullen noted that the meeting was properly noticed on December 1, 2011 in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF THE NOVEMBER 1, 2011 MEETING Commissioner Jacques made a motion to approve the minutes of the November 1, 2011 meeting. Commissioner Burke seconded. Upon a roll call vote, motion to approve the minutes was ADOPTED unanimously. OLD BUSINESS FOR CONSIDERATION None. OLD BUSINESS SCHEDULED FOR DEFERRAL None. CONSENT BUSINESS None. NEW BUSINESS FOR CONSIDERATION RESOLUTION #P.C. 045-2011 — Recommendation to Common Council to rezone a property from EA — Exclusive Agricultural District to CI-1 — Conservation District and RCE — Rural Country Estate District and a 2020 Comprehensive Plan Amendment for the Borst property located in the NE '/4 of Section 7 and NW '/4 of Section 8 (Tax Key 2185.999, 2185.998, 2190.996.004, & 2190.995 / Field Drive). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 045-2011. Ald. Borgman seconded. Director Muenkel explained recently the City approved a formal offer to purchase portions of the Borst property along Field Drive for conservation purposes based on recommendations from the 2020 Comprehensive Plan and the Conservation Plan. A rezoning to CI-1 (Conservation Lands) is required for the portion that the City will purchase shown as outlot 1 on the CSM and a rezoning to RCE (Rural Country Estate District) for the portion that Ms. Borst will retain along Field Drive for three future residential parcels. A public hearing was held before Council on November 22, 2011 and there were no comments. Staff has not received any comments as well. The rezoning is subject to the CSMs being recorded and the City closing on the property. Upon a roll call voted, Resolution #P.C. 045-2011 was ADOPTED unanimously. RESOLUTION #P.C. 046-2011 — Approval of Two Certified Survey Maps for the Borst property located in the NE 1/4 of Section 7 ( Field Drive). Commissioner Jacques made a motion to ADOPT Resolution #P.C. 046-2011. Ald. Borgman seconded. Ms. Borst questioned if the lot line for lot 1 can be adjusted so that the lot would be out of the Oak Savanna area. Director Muenkel noted that could be done after approval of the CSM as part of the technical corrections Plan Commission Minutes, continued December 6, 2011 providing it meets all the zoning requirements. Upon a roll call vote, Resolution #P.C.046-2011 was ADOPTED unanimously. RESOLUTION #P.C. 047-2011 — Recommendation to Common Council to rezone a property from RS-3 — Suburban Residence to B-2 — Local Service Center and a 2020 Comprehensive Plan Amendment for the LaLicata property located in the SE '/4 of Section 10 (Tax Key 2200.996 / S78 W16355 Woods Road). Commissioner Hulbert made a motion to ADOPT Resolution 047- 2011. Ald. Borgman seconded. Director Muenkel explained the petitioners are requesting a zoning change from RS-3 Suburban Residence District to B-2 Local Service Center District to allow for the continued use of a business on this property. The business is currently Sauced Pizza and has been a bar for many years. A rezoning would allow other business uses on this property, but could not be intense uses like auto service. There have not been any issues from this property and there were no comments at the public hearing on November 22, 2011 or to staff. Commissioner Hulbert questioned if the residential use upstairs would still be allowed as part of the rezoning. Director Muenkel explained it would be allowed as a legal nonconforming use, but once the use ceased it may not be allowed again and if the building burned down apartments may not be allowed to be rebuilt. Commissioner Burke expressed concern with allowing the rezoning. Commissioner Burke noted the property is much larger than the current business and could be expanded. Director Muenkel explained any redevelopment would have to come back to Plan Commission with a Building, Site, and Operation Plan and Plan Commission could require screening for the neighbors. Mayor Chiaverotti noted there isn't much business in this area and for this business to advance to something much larger is unlikely. The petitioners, Mr. and Mrs. LaLicata, were present and stated they have no plans for changes to the property. They applied for the rezoning at the request of their tenants who don't have any plans for change either. Upon a roll call vote, Resolution #P.C. 047-2011 was ADOPTED unanimously. RESOLUTION #P.C. 048-2011 — Approval of a Building, Site, and Operation Plan Amendment for the Kohls property located in the SW '/4 of Section 2 (Tax Key 2167.995.008 / S68 W15388 Janesville Road). Commissioner Burke made a motion to ADOPT Resolution #P.C. 048-2011. Commissioner Hulbert seconded. Director Muenkel explained Kohl's Department Store is requesting some improvements to the entrance of the building and include new painted EIFS with minor framing over the existing structure, new steel plate column wraps over the existing columns, two new tube steel "eyebrows", and new aluminum store front with metal infill panels. Commissioner Jacques explained she feels this look is more modern than prairie style like the design guide for this area calls for. Commissioner Hulbert stated he is more concerned that the upgrades will not match the recently approved medical building. Director Muenkel explained the existing Kohl's building was approved in the past and did meet the design guide requirement for prairie craftsman style at that time based on that previous Plan Commission approval. This design is not a substantial change and there will be opportunity to match the two buildings when a center building comes forward. Commissioner Burke questioned if Kohl's has been approached to make prairie design changes. Director Muenkel stated they were not. Director Muenkel explained if there was more of a substantial change then the City could ask for more. Jeremy Flint, architect for Kohl's, was present. Mr. Flint explained what Kohl's is doing is refreshing the outside. This look is Kohl's corporate identity; which they need to keep. If this was a new store on a new site there would be more flexibility. Commissioner Hulbert suggested leaving the building as it is instead of making it look too modern with the updates. Commissioner Burke requested that Kohl's take a look at the medical building plans and try to match it with more prairie style elements. Mr. Flint said he would be willing to look at the plans and take them into consideration. Commissioner Hulbert made a motion to defer to allow Kohl's to look at the medical building's plans. Commissioner Burke seconded. Upon a voice vote, Resolution #048-2011 was DEFERRED unanimously. PAGE 2 Plan Commission Minutes, continued December 6, 2011 RESOLUTION #P.C. 049-2011 — Approval of a Three Lot Certified Survey Map for the Boulder Venture 28, LLC property located in the SW '/4 of Section 2 (Tax Key 2167.995.009 / Janesville Road). Commissioner Stinebaugh made a motion to ADOPT Resolution #049-2011. Commissioner Burke seconded. Director Muenkel explained the purpose of this CSM is to break off the lot for the medical clinic from the Boulder Venture property. The lot appears to be land locked, but there will be public cross access easements throughout the commercial parcels. Upon a roll call vote, Resolution #P.C. 049-2011 was ADOPTED unanimously. RESOLUTION #P.C. 050-2011 — Approval of a Building, Site, and Operation Plan Amendment for the Veolia property located in the NE '/4 of Section 36 (Tax Keys 2301.999 and 2301.998 / 124th Street). Ald. Borgman made a motion to ADOPT Resolution #P.C. 050-2011. Commissioner Jacques seconded. Director Muenkel explained Plan Commission recently approved plans for Veolia to construct a building to house the equipment needed to pump and process the methane gas generated by the landfill to the Jones Island sanitary treatment facility in Milwaukee. Since that time, changes were made to the processing of the gas and found the reuse of an existing structure on the landfill site would be more efficient. Veolia is proposing to clean up the site, resurface the parking, and install a 10 foot high board on board fence to screen several large tanks located outside the building. There will be changes to the roofline to allow for numerous rooftop exhaust vents. To screen these exhaust vents, an 80" metal railing system with galvanized perforated metal infill panels will be placed on the north, east, and south elevations. The perforations in the panels will leave open area for additional ventilation. The noise level will not exceed 63 dBA at the nearest lot line. As part of the landfill agreement with the City, Veolia cannot exceed 65dBA. Jay Warzinski, engineer with Veolia, was present. Mr. Warzinski explained there were recent changes to the processing of the gas by MMSD. The large tanks on site are part of this new dehydration process before the gas can be sent to MMSD. Ald. Borgman questioned if the odorizing of the gas will be closer to the lot line. Mr. Warzinski explained it will be closer to the lot line than the past proposal. The process is in an enclosed system and will be done by a wick that adds the odor when the gas passes through. A low dosage is used in bottles; which are stored inside the fence area. Commissioner Hulbert questioned if the tanks could be painted to match the building. Mr. Warzinski agreed that could be done. It was the consensus of the Commissioners to paint the tanks to match the building. Upon a roll call vote, Resolution #P.C. 050-2011 was ADOPTED unanimously. NEW BUSINESS PLACED ON FILE DOCKET #P.C. 051-2011 — Approval of a Preliminary Plat for the Crystal Cove Subdivision located in the SE'/4 of Section 32 (Tax Key 2288.996.003 & 2287.999.004). MISCELLANEOUS BUSINESS None. ADJOURNMENT Commissioner Hulbert made a motion to adjourn at 6:56 PM. Commissioner Jacques 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 3 City of Muskego Plan Commission Supplement PC 001-2012 For the meeting of. March 6, 2012 REQUEST: Approval of an Annual Review to Permit Temporary Fireworks Sales at Jetz Fuel S69 W15461 Janesville Road / Tax Key No. 2167.995.011 SW '/4 of Section 2 PETITIONER: Vince and Heather Siegel INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 001-2012 Petitioner proposes to operate a temporary fireworks sales stand at the Jetz Fuel parking lot. A 20' x 40' tent is proposed. Signage has been indicated as two 2.5' x 10' and one 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 15th — July 121h, from 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 001-2012 The proposal is consistent with operations of other vendors in Muskego. A transient merchant license must be obtained from the City Clerk's Office. In the past the Plan Commission addressed an issue stated under Resolution #072a-2003 that said that no outdoor sales are allowed at this property. The outcome from last year, which will be carried over to this year, is that the Resolution is drafted to allow this form of outdoor sales and any other on the property subject to Plan Commission approval and the use as being temporary. Also, 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 001-2012 Approval of Resolution #PC 001-2012 RESOLUTION #P.C. 001-2012 APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR VINCE AND HEATHER SIEGEL AT THE JETZ FUEL PROPERTY LOCATED IN THE SW '/4 OF SECTION 2 (S69 W15461 JANESVILLE ROAD / TAX KEY NO. 2167.995.011) WHEREAS, A request has been submitted by Vince and Heather Siegel to locate a temporary sales tent and signs advertising the sale of fireworks at the Jetz Fuel property located at S69 W 15461 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 20' x 40' in size, and WHEREAS, Signage has been noted on the proposal as two 2.5' x 10' and one 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 that 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 Vince and Heather Siegel subject to the following conditions: 1. Dates of operation approved from June 15th, 2012 to July 121h, 2012, 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 Mr. and Mrs. Siegel, 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary American Fireworks And Novelties L.L.C. 1330 Edwards St. Brookfield, WI 53005 262-541-9074 Business Operation Plan A. Name of business operation: American Fireworks and Novelties, Vince and Heather Siegel B. Place ❑f operation: Jetz Convenience Center, S. 59 W. 15451 Janesville Rd. Muskego, WI 53150 C. Name of Property owner(s): / Bob O'Connor, ❑'Connor Petroleum D. Description of operation: To sell Independence Day fireworks permissible by local and state laws. Items to be sold from a flame retardant 20'x 40' canopy tent. E. Signage: Two 2.5' X 10' and one 4' X 20' to be hung from tent. Small directional signs prior to the entrances of parking lot. All signs are professionally constructed and renderings are included with this packet. F. Storage: fireworks and business related items to be stored in a storage container on site. G. Dates and hours of operation: June 15 - July 12, 2012. 8:00am - 9.00pm H. Restrooms: American Fireworks customers/employees have permission to use Jetz restrooms I. Trash: to be removed daily from site. American Fireworks And Novelties L.L.C. 1330 Edwards St. Brookfield Wl 53005 262-641-9074 Retail and Wholesale Distributors of Fireworks and Novelties www.freebottlerockets.com LEASE AGREEMENT BY AND BETWEEN: O'Connor Petroleum, Tim Klein ("Landlord"), and Heather and Vince Siegel d.b.a. American Fireworks and Novelties L.L.C.("Tenant'). The parties agree as follows: DESCRIPTION: Landlord in consideration of payment of� for the year of 2012, for 2013 and � for 2014 to lease space to American Fireworks and Novelties L.L.C. in the NW corner of parking lot, for a 20'X40' flame retardant canopy tent and a IO'X25' storage container. American Fireworks employees and customers may use Jetz restroom facilities. The stakes for the tent will not penetrate the asphalt. Fireworks and firework novelties will be sold from this tent in accordance with State, County, and City ordinances. EXCLUSIVE RIGHT TO SELL: Tenant will have exclusive right to sell fireworks on premises located at S.69 w.15461 Janesville Rd. Muskego, Wl 53150. � 'qk TERM: The lease will begin on June 15, 2012 and will terminate on July 12, 2&B. This lease will automatically renew rune 15, 241- rminating July 12, 2 p'i his lease will automatically renew June 15, � rminatinj . my 12, 290$' Lessee first right of refusal for subsequent years. T LEASE PAYMENT: Tenant to pay prior to .tune 301h of each respective year. STORAGE: Tenant shall be entitled to store stock and business related items in a storage container or commercial truck on premises. Landlord shall not be responsible for any theft or damage to such stored items. INSURANCE: Landlord shall provide appropriate premises liability insurance. Tenant shall provide appropriate produ liability insurance, TENANT DATE LANDL DATE Map Output Page 1 of 1 Heather Siegel — e 7. 70Y n&,e I .%OTt VI 6a�ai -3 �A,_getation Plamin� ^••ru z1sa-9ss-n f.3F<}Y ss��est� wn , �5�15 CAN IILENSLt4L� z M-W54319 R _ •01, LAG C- C NDQ KIIR1k,I) s etation Plansi blap a ated vdh Atti 1S - CoppTight (C)1992-2a1]2 F SRI Inc. Legend — ROW CONING PROPERTY PAVEMENT STRUCTURES ,a Land Use Current •.ss Single Family Residential Multi -Family Residential Condo Retail and Service Govt, I n st, and Utility ' Landfill, Extractive Operati Manufacturing Recreation - Private Feet R=. Recreation - Public Agriculture and Open pa, American Fireworks Si na e - Muske o Jetz 1 - 4' X 20' vinyl banner 2 - 2.5' x 14' vinyl banners unwcn0aorwn F1REWORKS R City of Muskego Plan Commission Supplement PC 002-2012 For the meeting of. March 6, 2012 REQUEST: Approval of an Annual Review to Permit Temporary Fireworks Sales at Piggly Wiggly W189 S7847 Racine Ave / Tax Key No. 2192.973 NE'/4 of Section 8 PETITIONER: Vince and Heather Siegel INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 002-2012 Petitioner proposes to operate a temporary fireworks sales stand at the Piggly Wiggly parking lot. A 20' x 40' tent is proposed. Signage has been indicated as two 2.5' x 10' and one 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 20th — July 71h, from 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 002-2012 This year the petitioner is proposing to relocate their location on this site. They would now like the tent to be located in the parking stalls right along Racine Avenue. The petitioner wanted to make sure that all efforts were being made to make sure that this location is safe. As such the petitioner has agreed to only allow customers to enter the tent from the parking stall sides of the tent and not the drive lane. Also, since the parking stalls are only 18 feet deep, the tent will need to be located partially on the gravel/grass in front of the stalls. No portion of the tent can cross into the lane of traffic and must remain completely in the parking stalls. No displays, storage, ropes, banners, garbage cans, etc. can be located within the drive lane. The proposal is consistent with operations of other vendors in Muskego. 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 Racine Avenue side of the lot. STAFF RECOMMENDATION PC 002-2012 Approval of Resolution #PC 002-2012 RESOLUTION #P.C. 002-2012 APPROVAL OF AN ANNUAL REVIEW FOR SALE OF FIREWORKS FOR VINCE AND HEATHER SIEGEL AT THE PIGGLY WIGGLY PROPERTY LOCATED IN THE NE '/ OF SECTION 8 (W189 S7847 RACINE AVE / TAX KEY NO. 2192.973) WHEREAS, A request has been submitted by Vince and Heather Siegel to locate a temporary sales tent and signs advertising the sale of fireworks at the Piggly Wiggly property located at W189 S7847 Racine Ave, and WHEREAS, Fireworks sales were previously operated at this property, and WHEREAS, The tent location is changing slightly from last year and it is now going to be located along Racine Avenue, and WHEREAS, The tent canopy will be 20' x 40' in size, and WHEREAS, Signage has been noted on the proposal as two 2.5' x 10' and one 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 that 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 Piggly Wiggly parking lot for fireworks sales for Vince and Heather Siegel subject to the following conditions: Dates of operation approved from June 201h, 2012 to July 7`h, 2012 and Hours of operation permitted only from 8 am to 9 pm, and A letter of approval from the property owner has been submitted to the Planning Division approving rental space for Mr. and Mrs. Siegel, and Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior to any site work on the property, and Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. BE IT FURTHER RESOLVED, That customers can only enter the tent from the parking stall sides of the tent and not the drive lane side. BE IT FURTHER RESOLVED, That since the parking stalls are only 18 feet deep, the tent will need to be located partially on the gravel/grass in front of the stalls and no portion of the tent can cross into the lane of traffic and the tent must remain completely within the parking stalls. BE IT FURTHER RESOLVED, No displays, storage, ropes, banners, garbage cans, etc. can be located within the drive lane. 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 Piggly Wiggly property. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary American Fireworks And Novelties L.L.C. 133t7 Edwards St. Rrookfield, WI 53005 262-641-9074 Business Operation Plan A. Name of business operation: American Fireworks and Novelties, Vince and Heather Siegel B. Place of operation: Piggly Wiggly located at W189 S7847 Racine Ave. Muskego, WI 53150 C. Name of Property owner(s): Jim Semrad D. Description of operation: To sell Independence Day fireworks permissible by local and state laws. Items to be sold from a flame retardant 20'x 40' canopy tent. E. Sig nage: Two 2.5' X 10' and one 4' X 20'banners to be hung from tent. One 4'x2Q' banner to be hung from storage container. Small directional signs prior to the entrances of parking lot. All signs are professionally constructed and renderings are included with this packet. F. Storage: fireworks and business related items to be stored in a storage container on site. G. Dates and hours of operation: June 20 - July 7, 20-12 8.00am - 9.0opm H. Restroorns: American Fireworks custorrierslemployees have permission to use Piggly Wigglys' restrooms f. Trash: to be removed daily from site. f �. � ,,,�•• tx;,r.-..� �, V.F. :�,..: ;��}w?sx? •Ff f;.; ��:`]�.�':��.:ii+;' ��::"�:' J'=:;f��+•m .a'S', �%'b� i�ylyd�;1� .als•_� � r..`��•.-'r:r':-. LEASE AGREEMENT BY AND BETWEEN: Jim Semrad, property owner of Piggly Wiggly store 4220 ("laandlord"), and Heather Siegel d.b.a. American Fireworks and Novelties L.L.C. ("Tenant"). The parties agree as follows: DESCRIPTION: Landlord to lease space to American Fireworks and Novelties L_L.C. on the property of the Piggly Wiggly store located at W 189 S7847 Racine Ave. Muskego, WI 53150. to sell 1.4 G consumer grade Freworks in accordance with State, County, and local ordinances. Items to be sold from a flame retardant canopy tent no larger than 30'X40'. Electric service for use of cash registers and related business uses are provided by the landlord, if available. American Fireworks employees and its customers may use the restroorns at Piggly Wiggly. EXCLUSIVE RIGHT TO SELL: Tenant will have exclusive right to sell fireworks on the premises located at W189 S7847 Racine Ave. Muskego, WI 53150 TERM: The lease will begin on June 20, 201 land will terminate on July 7, 2011. This lease will automatically renew June 20, 2012 terminating July 7, 2012. This lease will automatically renew June 20, 2013 terminating July 7, 2014. Lessee will have first right of refusal for subsequent years. LEASE PAYMENT: Tenant to ay $ , 2011. Tenant to pay , 2012_ Tenant to pay 2013. STORAGE: Tenant shall be entitled to store stock and business related items in a storage container on site. Landlord shall not be responsible for any theft or damage to such stored items. CONTINGENCY: This agreement is contingent upon receiving all necessary permits from the City of Muskego. CNSURANCE: Landlord shall provide appropriate premises liability insurance. Tenant surance. rV cdti..m F.. 3 � ��Fi•�: m JF . .�;� .fir �,.. ... �- �d �4o' r,kuN c � CTc Additional Information Re; fireworks tent sale located at Piggly Wiggly-Muskego, WI American Fireworks has chosen a new location for the tent and container for 2012. We feel that the location of the tent last year was the main reason we did poorly as it was difficult for customers to see we were there. After careful consideration we decided to move the tent to the parking stalls nearest to Racine Ave. for greatest exposure. The following safety precautions were considered with this move: 1) Customers would only be allowed to enter through the sides of tent that are parallel to the parking stalls. This would allow for entrance on the north and south sides of tent only and would be insured by roping off the side of the tent that faces the parking lot (west side). This is a common safety practice for these type of situations. 2) The tent size is 20'X 40' and no ropes/stakes will protrude into the parking lot outside of the striped parking stall area. The same area would be taken as if a car or truck were parked in the stall. 3) We did study the traffic patterns of this mall and noticed that much of the traffic that pulls into the mall off of Racine Ave. by our tent either turns left to gas station or goes straight ahead to find parking for Piggly Wiggly itself. Based on the above safety precautions American Fireworks feels that the new location of the tent would not cause safety concerns. We feel our new location is no different than Piggly Wiggly customers walking across the traffic pattern to reach the entrance of the store than it would be for them to walk to our tent sale. Safety is a priority for us and we are always willing go above and beyond in regard to safety. We also rely upon a location that can be easily seen and one that appears to be easily accessible so that we will achieve maximum sales. American Fireworks would like to keep our location as purposed if at all possible for the above reasons. However if the Planning Commission feels that we have not addressed all the safety concerns to their satisfaction, we would be willing to move the whole operation approximately 30 feet over to the north which would allow for customer parking on both sides of the tent; thereby eliminating the need for anyone to walk across from another parking area. Customers want to park as close as they can to there destination and this option would allow plenty of parking on both sides of tent for them. City of Muskego Plan Commission Supplement PC 007-2012 For the meeting of: March 6, 2012 REQUEST: Annual Review for the George Alex Property (Mini -Storage) S98 W12712 Loomis Drive / Tax Key No. 2257.984 NE'/4 and SE'/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 007-2012 The parcel is located off of Loomis Drive. The site contains two 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. The CUG dictates that no outdoor storage is permitted, no vehicle repair is allowed, and no business operations are allowed to be conducted from the storage buildings. An annual review is required. STAFF DISCUSSION PC 007-2012 A site inspection of the site was conducted on February 27, 2012. The site met the conditions formally approved. No complaints were received by the Planning Department since the last annual review. STAFF RECOMMENDATION PC 007-2012 Approval of Resolution # PC 007-2012 Resolution #PC 007-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego 11 sk �'GO Planning Department 1 L .7 lIL_l. 2/23/2012 Supplemental Map Petitioner: Community Development Dept. Loomis Drive of I RESOLUTION P.C. 007-2012 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI - STORAGE WAREHOUSES FOR GEORGE ALEX FOR THE PROPERTY LOCATED AT S98 W 12712 LOOMIS DRIVE (TAX KEY NO. 2257.984) 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, and WHEREAS, A site inspection was completed on February 27, 2012 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 the yearly review continues to be held no later than the second meeting in March 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: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 008-2012 For the meeting of: March 6, 2012 REQUEST: Annual Review for the George Alex / Robert Jacob Property (Mini -Storage and Auto Repair) Loomis Court and North Cape Rd. (USH 45) / Tax Key No 2257.973.001 NE'/4 and SE'/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 008-2012 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 My Table Pottery. The northern building contains mini -storage units and an auto repair business. 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, and #P.C. 025-2007. An annual review is required. The basic conditions of the approvals are as follows: An auto repair business may operate off the northern building on the site. There can be no cars for sale on this property. 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. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 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. There shall be no unapproved ancillary signage on the property for any reason. 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. STAFF DISCUSSION PC 008-2012 A site inspection was conducted on February 27, 2012 and the site was in compliance with the approved BSO. STAFF RECOMMENDATION PC 008-2012 Approval of Resolution # PC 008-2012 Resolution #PC 008-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego 11 sk �'GO Planning Department 1 L .7 lIL_l. 2/23/2012 Supplemental Map Petitioner: Community Development Dept. Loomis Court and North Cape Rd Area of int P ;�5 W RESOLUTION P.C. 008-2012 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI - STORAGE WAREHOUSES AND AUTO REPAIR FOR 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, and #P.C. 025-2007, and WHEREAS, The site conditions of approval included: 1. An auto repair business may operate out of the northern building on the site. 2. There can be no cars for sale on this property. 3. 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. 4. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 5. 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. 6. There shall be no unapproved ancillary signage on the property for any reason. 7. 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 27, 2012 and the site was in compliance with the approved BSO. 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 and Robert Jacob property. 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, This annual review resolution allows any approved amendments from PC Resolution #025-2007 as permitted 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 Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 009-2012 For the meeting of. March 6, 2012 REQUEST: Annual Review for Durham Hill Auto S98 W12578 Loomis Drive / Tax Key No. 2257.982.002 NE'/4 of Section 25 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 009-2012 Petitioner seeks approval of the required annual review for the operations at S98 W12578 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 009-2012 A Planning Department site inspection was conducted on February 27, 2012 for site compliance relating to the annual review. The site inspection revealed that everything on site was in compliance. STAFF RECOMMENDATION PC 009-2012 Approval of Resolution # PC 009-2012 Resolution #PC 009-2012 Supplemental Map PAI i L er h 71 • i1R Li IPA VON: LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 .{_-C1T1 Ill Prepared by City of Muskego -,1 us1, }.G0_ 2I/23/2012ePartment Petitioner: Community Development Dept. S98 W12578 Loomis Drive 4py ci Area of Interest RESOLUTION #P.C. 009-2012 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'/4 OF SECTION 25 (S98 W12578 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 completed on February 27, 2012 and compliance was found. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 010-2012 For the meeting of: March 6, 2012 REQUEST: Annual Review for Frey Auto S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002 NE '/4 and SE '/ of Section 34 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 010-2012 Petitioner received an amended approval in Resolution #PC 082-2005 and #PC 068-2007 to operate an auto sales establishment from these sites. Both properties are zoned B-4 and the use is permitted by Conditional Use Grant in the district. The most recent amendment for these sites states the following: 1. Not more than 44 vehicles can be maintained on the site for sale at any one time. 2. Not more than 14 customer vehicles can be parked on the site at any one time. 3. Not more than 7 employee vehicles can be parked on the site at any one time. 4. Not more than 42 vehicles can be parked within the fenced area at any one time. 5. Not more than 18 loaner vehicles across the street on the north side of Muskego Dam Drive. 6. No vehicles can be used as signage. 7. The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage of the rental vehicles only. 8. 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 010-2012 A Planning Department site inspection on February 27, 2012 was conducted for site compliance relating to the annual review. The site inspection revealed that the site was mostly in compliance. There were a few extra vehicles in the rental lot that need to be removed. Staff contacted the owner and the few vehicles will be removed from the rental lot. STAFF RECOMMENDATION PC 010-2012 Approval of Resolution # PC 010-2012 Resolution #PC 010-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego 11 sk �'GO Planning Department 1 L .7 lIL_l. 2/23/2012 Supplemental Map Petitioner: Community Development Dept. S107 W16311 Loomis Road RESOLUTION #P.C. 010-2012 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES AT THE PROPERTY LOCATED IN THE NE'/4 & SE'/4 OF SECTION 34 (TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W16311 LOOMIS ROAD) WHEREAS, The Plan Commission approved a Conditional Use Grant amendment for sale of automobiles at the property located at S107 W16311 Loomis Road (Tax Key Nos. 2296.996 & 2293.996.002) on November 1, 2005 by Resolution #PC 082-2005, and WHEREAS, There was an additional BSO Amendment approved under Resolution P.C. 068-2007, 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: • A maximum of forty-four (44) vehicles for sale to be displayed in the specified sales areas, • A maximum of fourteen (14) customer vehicles awaiting repairs, • A maximum of seven (7) employee vehicles parked on site, • A maximum of forty-two (42) vehicles parked within the fenced in area, • A maximum of eighteen (18) loaner vehicles parked across the street on the gravel lot, • No vehicles can be used as signage, • The vacant lot, across Muskego Dam Drive, was allowed to be paved for the storage of the rental vehicles only, • 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 completed on February 27, 2011 and compliance was found, with the exception of a few extra cars within the rental lot. 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 the few extra cars within the rental area must be relocated to other approved parking areas. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 011-2012 For the meeting of. March 6, 2012 REQUEST: Approval of renewal for outdoor storage for Lake and Country Storage S83 W 18550 Saturn Dr / Tax Key No. 2223.003 SW '/4 of Section 16 PETITIONER: Ralph Raush INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 011-2012 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. An annual review has been required in the past. STAFF DISCUSSION PC 011-2012 A site inspection was conducted on February 27, 2012 and there were no vehicles parked along the west lot line. Parking along the west is not allowed per the Fire Department's determination from 2006. STAFF RECOMMENDATION PC 011-2012 Approval of Resolution # PC 011-2012 Resolution #PC 011-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego 11 sk �'GO Planning Department 1 L .7 lIL_l. 2/23/2012 Supplemental Map Petitioner: Community Development Dept. S83 W18550 Saturn Drive RESOLUTION #P.C. 011-2012 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 27, 2012 and there were no vehicles parked along the west lot line, 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 012-2012 For the meeting of. March 6, 2012 REQUEST: Approval to renew permit for dog kennel W 182 S9292 Parker Dr. / Tax Key No. 2243.988 SW '/4 of Section 21 PETITIONER: Planning Department INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 012-2012 Petitioner received approval in PC Resolution #09-92A for a Conditional Use Grant to conduct a kennel on the property. The kennel is limited to ten (10) adult dogs and fifteen (15) pups at any given time. In addition, no more than four licensed trailers are allowed to be parked on the property at one time. An annual review has been required in the past. STAFF DISCUSSION PC 012-2012 A site inspection on February 27, 2012 showed the site to be in compliance with previous resolution conditions. No complaints were received by the Planning Department during the past year. STAFF RECOMMENDATION PC 012-2012 Approval of Resolution # PC 012-2012 RESOLUTION #P.C. 012-2012 APPROVAL TO RENEW PERMIT FOR DOG KENNEL FOR STAN A. ZDANCZEWICZ AT THE PROPERTY LOCATED AT W 182 S9292 PARKER DRIVE (TAX KEY NO. 2243.988) WHEREAS, The Plan Commission on May 16, 1972, granted a Conditional Use permit for the property located at W 182 S9292 Parker Drive, to Stan A. Zdanczewicz, for the operation of a commercial dog kennel, and WHEREAS, Conditions of approval were: 1. The term of operation shall not exceed one (1) year without further review and approval by the Plan Commission, 2. That the number of dogs shall not exceed ten (10), and 3. That the kennel be in conformance with plans on file in the Building Department, WHEREAS, The Plan Commission approvals granted by Resolution #P.C. 09-92A on the provision that a new site plan depicting the configuration of the kennel and number of dog runs be placed on file with Conditional Use Permit #62, and that the number of adult dogs on the property shall not exceed ten (10) and that the number of pups under the age of six (6) months shall not exceed fifteen (15) at any one time and that the Plan Commission did not find that these amendments were significant to warrant a Public Hearing, and WHEREAS, The zoning of the property is A-1 Agricultural, wherein a kennel is permitted only as a Conditional Use, and WHEREAS, All conditions have been complied and no complaints have been registered in the past year, and WHEREAS, The petitioner is allowed to park no more than four (4) licensed trailers on site, and THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby grant an extension of Conditional Use Grant #62. BE IT FURTHER RESOLVED, That approval is subject to obtaining a kennel license from the Clerk's Department. BE IT FURTHER RESOLVED, That the yearly review will occur every two years. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 013-2012 For the meeting of: March 6, 2012 REQUEST: Approval of truck parking at Johnny's Petroleum S76 W17871 Janesville Road / Tax Key No. 2196.975 SE'/4 of Section 9 PETITIONER: Planning Department INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 013-2012 Petitioner received approval in PC Resolution #66-91A for a Conditional Use Grant to conduct truck parking on the property. The CUG does not limit the number of trucks allowed to be parked on the property, which contains the car wash. An annual review is required. STAFF DISCUSSION PC 013-2012 A site inspection conducted on February 27, 2012 showed the site to be in compliance with the resolution conditions. No complaints were received by the Planning Department during the past year. STAFF RECOMMENDATION PC 013-2012 Approval of Resolution # PC 013-2012 RESOLUTION #P.C. 013-2012 APPROVAL OF TRUCK PARKING FOR JACK & MARVIN STRASSER AT THE PROPERTY LOCATED AT S76 W17871 JANESVILLE ROAD (JOHNNY'S PETROLEUM - TAX KEY NO. 2196.975) WHEREAS, In Resolution #P.C. 66-91A, the Plan Commission granted an expansion to Conditional Use #15, for Johnny's Petroleum at S76 W17871 Janesville Road, subject to the following conditions: 1. That all vehicles awaiting service and repair are to be stored in the fenced in area, 2. That no commercial vehicles be parked outside that create noise disturbance to surrounding property such as refrigerated trailer rigs, 3. That the parking area be maintained free of trash and debris and kept graveled with dust -proofed sealant and graded, 4. That no junk vehicles and/or truck and car parts be placed in the outside storage area, 5. That the vehicles remaining in the outdoor storage area shall enter or exit only during normal business hours which are 7 AM to 7 PM Monday through Friday, 7 AM to 6 PM on Saturday and closed on Sunday except for the towed vehicles, 6. That parking blocks or other barriers be established to prevent vehicles encroaching onto the adjoining Kristin Downs property, 7. Limit drive-in traffic to the rear lots in the "new" three (3) lots holding area (for disabled vehicles and vehicles being serviced), 8. The area to the north will not have restrictions on their hours, and 9. This conditional use grant is subject to yearly review. WHEREAS, A site inspection has found compliance with the terms of the Conditional Use Grant THEREFORE BE IT RESOLVED, That the Plan Commission approves the renewal of truck parking for Johnny's Petroleum, located at S76 W17871 Janesville Road subject to the nine (9) conditions listed above. BE IT FURTHER RESOLVED, That the yearly review will occur every two years. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 014-2012 For the meeting of: March 6, 2012 REQUEST: Approval of permit renewal for Paws Inn Dog Kennel S92 W 19918 Henneberry Drive / Tax Key No. 2239.999 SW '/4 of Section 20 PETITIONER: Planning INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 014-2012 The parcel was granted approval by Conditional Use Grant #81 to conduct dog kennel operations on the site. The CUG limits the number of dogs allowed to be boarded on the property to fifty (50). An annual review has been required. STAFF DISCUSSION PC 014-2012 A site inspection conducted on February 27, 2012 showed the site to be in compliance with the CUG conditions. No complaints were received by the Planning Department during the past year. STAFF RECOMMENDATION PC 014-2012 Approval of Resolution # PC 014-2012 RESOLUTION #P.C. 014-2012 APPROVAL TO RENEW PERMIT FOR DOG KENNEL FOR JEFFREY SCHINKER AT THE PROPERTY LOCATED AT S92 W19918 HENNEBERRY DRIVE (TAX KEY NO. 2239.999) WHEREAS, The Plan Commission on April 15, 1980, granted a Conditional Use permit for the property located at S92 W19918 Henneberry Drive, to Jeffrey Schinker, for the operation of a commercial dog kennel, and WHEREAS, Annual review by the Plan Commission was a condition of approval, and WHEREAS, One year extensions have been granted since that time, and WHEREAS, An approval of expansion of the Conditional Use Grant #81 was approved July 15, 1986, to permit an expansion of the number of dogs from twenty (20) to no more than fifty (50), and WHEREAS, An approval of expansion of Conditional Use Grant #81 was approved on April 21, 1992, to reflect an amendment to the building, site and operation plan, and WHEREAS, All conditions have been complied and no complaints have been registered during the past year. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby grant an extension of Conditional Use Grant #81. BE IT FURTHER RESOLVED, That approval is subject to obtaining a kennel license from the Clerk's Department. BE IT FURTHER RESOLVED, That the yearly review will occur every two years. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 015-2012 For the meeting of. March 6, 2012 REQUEST: Annual Review for RD Meyer Mini Storage Tax Key No. 2165.998.012 / W 145 S6550 Tess Corners Drive NE'/ of Section 2 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 015-2012 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. 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 015-2012 A site inspection was completed on February 27, 2012 and compliance with the approved BSO was found. STAFF RECOMMENDATION PC 015-2012 Approval of Resolution # PC 015-2012 RESOLUTION #P.C. 015-2012 APPROVAL OF AN ANNUAL REVIEW FOR R.D. MEYER & ASSOCIATES, INC. LOCATED IN THE NE'/o 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 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 27, 2012 and compliance with the approved BSO was found. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 016-2012 For the meeting of. March 6, 2012 REQUEST: Annual Review for A.W. Greenhouse Tax Key No. 2223.994.015 / S83 W 18787 Saturn Drive SW '/ of Section 16 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 016-2012 The Plan Commission approved a Building, Site, and Operation Plan for A.W. Greenhouse for the property located at S83 W18787 Saturn Drive (Tax Key No. 2223.994.015) on February 17, 2010 by Resolution #P.C. 008-2010. Plan Commission stipulated in Resolution #P.C. 008-2010 that an annual review be completed in March of every year to make sure the stipulations of the original BSO approvals were being followed. STAFF DISCUSSION PC 016-2012 A site inspection was completed on February 27, 2012 and compliance with the approved BSO was found. This year, the petitioner for this use requested that this be the last annual review on this property. There were no issues this year, or in past. As such, staff has drafted the resolution to end the annual review requirement after this review. STAFF RECOMMENDATION PC 016-2012 Approval of Resolution # PC 016-2012 RESOLUTION #P.C. 016-2012 APPROVAL OF AN ANNUAL REVIEW FOR A.W. GREENHOUSE LOCATED IN THE SW '/4 OF SECTION 16 (S83 W18787 SATURN DRIVE / TAX KEY NO. 2223.994.015) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for A.W. Greenhouse for the property located at S83 W18787 Saturn Drive (Tax Key No. 2223.994.015) on February 17, 2010, by Resolution #P.C. 008-2010, 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. 008-2010 that an annual review be completed in March of every year to make sure the stipulations of the original BSO approvals were being followed, and WHEREAS, A site inspection was completed on February 27, 2012 and compliance with the approved BSO was found, and WHEREAS, The petitioner has requested to end the annual review requirement for this use. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for A.W. Greenhouse, subject to compliance with all conditions of approval. BE IT FURTHER RESOLVED, Per the request of the petitioner and due to the positive track record of this use, the requirement for the annual review will be removed from this point forward, unless future issues arise, at which time the annual review can be required per Plan Commission review. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 017-2012 For the meeting of: March 6, 2012 REQUEST: Annual Review for Michael and Deborah Reher (Bed and Breakfast) Tax Key No. 2291.998.001 / W187 S10740 Muskego Dam Drive SW '/ of Section 33 PETITIONER: Community Development Department — Planning Services INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 017-2012 The Plan Commission approved a Building, Site, and Operation Plan for a Bed and Breakfast for Michael and Deborah Reher for the property located at W187 S10740 Muskego Dam Drive (Tax Key No. 2291.998.001) on November 2, 2010, by Resolution #P.C. 076-2010. Plan Commission stipulated in Resolution #P.C. 076-2010 that a one-time review be completed in March of 2012 to make sure the stipulations of the original BSO approvals were being followed. STAFF DISCUSSION PC 017-2012 A site inspection was completed on February 27, 2012 and compliance with the approved BSO was found. As such, no additional annual reviews are required per Resolution #P.C. 076-2010. STAFF RECOMMENDATION PC 017-2012 Approval of Resolution # PC 017-2012 Resolution #PC 017-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 C1T1 I II Prepared by City of Muskego s I♦� F0 [, Planning Department L 7 l IJ.N 2/23/2012 Supplemental Map Petitioner: Community Development Dept. W187 S10740 Muskego Dam Road RESOLUTION #P.C. 017-2012 APPROVAL OF AN ANNUAL REVIEW FOR MICHAEL & DEBORAH REHER FOR THE BED AND BREAKFAST LOCATED IN THE SW '/4 OF SECTION 33 (W187 S10740 MUSKEGO DAM DRIVE /TAX KEY NO. 2291.998.001) WHEREAS, The Plan Commission approved a Building, Site, and Operation Plan for for the property located at W187 S10740 Muskego Dam Drive (Tax Key No. 2291.998.001)on November 2, 2010 by Resolution #P.C. 076-2010, and WHEREAS, The property is zoned A-1, Agricultural District, and said use is allowed by Plan Commission approval with a Conditional Use Grant, and WHEREAS, Plan Commission stipulated in Resolution #P.C. 076-2010 that a one-time annual review be completed in March of 2012 to make sure the stipulations of the original BSO approvals were being followed, and WHEREAS, A site inspection was completed on February 27, 2012 and compliance with the approved BSO was found. THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Michael and Deborah Reher's Bed and Breakfast, subject to compliance with all conditions of approval. BE IT FURTHER RESOLVED, That per Resolution #P.C. 076-2010, no further annual reviews will be required. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 019-2012 For the meeting of. March 6, 2012 REQUEST: Metal Accessory Structure S102 W20840 Kelsey Drive / Tax Key No. 2280.999.008 NE'/4 of Section 30 PETITIONER: Randall Hoernke INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 019-2012 The petitioner is proposing to construct a 1,350 square foot metal accessory structure on site. 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 not found to be predominately residential. Plan Commission may approve the materials as submitted, or require modifications prior to release of building permits. PLAN CONSISTENCY PC 019-2012 Comprehensive Plan ning: The 2020 Plan depicts the area for Low Density Residential uses. The proposal for a residential outbuilding is consistent with the Plan. The property is zoned RCE, Country Estate District. Accessory structures totaling 6,427 square feet are permitted on the subject property. The proposal is to add a new 1,350 square foot accessory structure. There is an existing house on the property with no other accessory structures. The proposal meets the bulk requirements of the Zoning Code except the architectural requirements of accessory structures. STAFF DISCUSSION PC 019-2012 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 a steel sided, steel -roofed structure with 1-2 foot overhangs. The walls are proposed to be ivory and the roof, wainscoting, windows, doors, and trim will be beige, which are all similar to the colors of the home. The location of this building is over 160 feet from the street. The proposed building is shown having decorative elements such as wainscoting, windows, shutters, pedestrian door, and overhangs similar to the house. The petitioner has stated that the proposed building will be used for personal storage. The Resolution also states the following items: BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business. BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. STAFF RECOMMENDATION PC 019-2012 Approval of Resolution #PC 019-2012, finding that there will be no undue harm to the surrounding properties, the building is located over 160' from the nearest street, agricultural uses are present on this property and surrounding properties, and there are numerous other similar metal accessory structure on adjacent properties. Resolution #PC 019-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego 11 sk �'GO Planning Department 1L,7 lIL_-- 2/23/2012 Supplemental Map Property Owner: Randal Hoernke S102 W20840 Kelsey Drive RESOLUTION #P.C. 019-2012 APPROVAL OF A METAL ACCESSORY STRUCTURE FOR THE HOERNKE PROPERTY LOCATED IN THE SE'/4 OF SECTION 30 (TAX KEY NO. 2280.999.008 / S102 W20840 KELSEY DRIVE) WHEREAS, A site plan and building drawings were submitted by Randall Hoernke to construct a 1,350 square foot metal accessory structure on his property located at S102 W20840 Kelsey Drive (Tax Key No. 2280.999.008), and WHEREAS, The property is zoned RCE, Country Estate District and said structure is a permitted accessory use and subject to Plan Commission review due to the proposed architectural materials shown, and WHEREAS, There is an existing house on the property with no other accessory structures, and WHEREAS, The owner stated that the accessory structure will be used for personal storage, and WHEREAS, The total allowed square footage for accessory structures on this property is limited to 6,427 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The structure is proposed to be constructed with steel walls and a steel roof and said proposal does not meet the Plan Commission's standards for administrative approval of residential accessory structures as the siding and roofing does not match the materials used on the primary residence, and WHEREAS, The walls will be ivory and the wainscoting, roof, windows, doors, and trim will be beige, which are similar to the colors of the home, and WHEREAS, The accessory structure will have 1-2 foot overhangs, depending on the location on the building, and WHEREAS, The building is shown having decorative elements such as wainscoting, windows, shutters, pedestrian door, and overhangs similar to the house, and WHEREAS, The structure is located over 160' from the nearest street, agricultural uses are present on this property and surrounding properties, and there are numerous other similar metal accessory structure on adjacent properties. THEREFORE BE IT RESOLVED, That the Plan Commission approves a 1,350 square foot metal accessory structure submitted by Randall Hoernke for his property located at S102 W20840 Kelsey Drive (Tax Key No. 2280.999.008). BE IT FURTHER RESOLVED, That the building cannot be used for the operations of a business. BE IT FURTHER RESOLVED, That the floor of the accessory structure must be asphalt, sealed concrete block, or concrete slab per the Zoning Code and it must meet all applicable building codes. BE IT FURTHER RESOLVED, That the colors of the new accessory structure must be similar to the colors of the house. BE IT FURTHER RESOLVED, That the Plan Commission approves of the accessory structure due to no undue harm to the surrounding properties, the building is located over 160' from the nearest street, agricultural uses are present on the property and on surrounding properties, and there are numerous other similar metal accessory structure on adjacent properties. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary Color A Building we have Steel Buildings, Metal Buildings, Storage Buildings, Farm Bui... Page l of l BUILDINGS "I'm totally happy with Morton. They're easy to do business with:. -current Morton Horne Owner -Salem, IL Two -Stall Garage Color a two -stall garage • Color a Building • Aircraft Hangar • Commercial Building • Equestrian Building • Farm Shop Offte Building http:llmortonbuildings.com/Two-Stall.aspx 2/23/2012 M9Mi Roof HiRib Steel Vent -A -Ridge Soffit Gable Fascia Gutter MWON" BUILDINGS, INC. Date' 11/1/2011 Page: 7 of 8 252 W. Adams, P,O, Box 399 - Morton, Illinois 61550-0399 Building 396 30'xlO'x45' (#1) Color Definition Side & End Wall HiRib Steel Upper Downspouts Lower Downspouts Comer Trim Above Wainscot Wainscot HlRib Steel Transition Trim Corner Trim Base Trim Windows Hayfield Windows Trim Shutters Color OHD1Coil-Up Doors Color Beige Trim Beige Beige Overhead Door Panel Beige " Beige Beige Beige Walk Doors Color Beige Wkalkdovr No Crossbuck (Fiberstee! & MB) Beige Color _ Ivory ' z Ivory 711��JJJ Beige Dory Color Beige Ivory Beige 8eige =Vo e y 1-111f,T6 �� s Color J Beige /-U, Beige Beige Note. The photograph above is an approximation of the features and colors on the Morton building reflected in this order and may not accurately depict the actual features and colors applied to the building. ** Overhead doors are not manufactured by Marion so colors may not match Morton painted steel colors. 91-10358-20111101-11323115-3013-6 W 2011 Morton Buildings. Inc. Owners Initials MaMI Ck. MORTOW BUILDINGS, INC. Date: 11/1/2011 252 W. Adams, P.O. Sox 399 • Morton, iIFno! s 61550-0399 Page: 1 of 8 Randy Hoemke S102 W20840 Kelsey DR Muskego, Wisconsin 53150 Home: Cell: (414) 315-8844 Work: Other: rhoernke@wi.rr.com Construction Proposal Randy Hoernke S102 W20840 Kelsey DR Muskego, Wisconsin 53150 Home: Cell: (414) 315-8844 Work: Other: rhoernke@wi.rr.com I Style I Width I Height I Length I Truss Spacing I Roof Pitch I Lower Chord Pitch 395 30' 10, 45' 7.5' 8112 2112 396 30'x19x45' (#1) - Building Use: Suburban Garage (private vehicle storage in suburban, non -farm area) Pricing is based on cash terms according to the payment schedule Down Payment: $3,001.00 shown. Non -cash payments are subject to Terms and Conditions, Delivery Payment: $18,004.00 #2. All applicable taxes are included in the total price. Final Payment: $9,002.00 Pricing is contingent upon delivery of material on or before May Total: $30,007.00 31, 2012. (See Building Site Specifications, #2) Approximate delivery after December 1 st, 2011 Down payment type: Check #1272 THIS ORDER CONSISTS OF BUILDING SPECIFICATION(S), BUILDING PERSPECTIVE(S), COLUMN PLAN(S), BUILDING COLOR DEFINITION(S), SITE CONDITIONS, BUILDING SITE SPECIFICATIONS (06110), TERMS AND CONDITIONS (06110), CONSTRUCTION PLANNING WARNING (06110), AND KYNAR 500®1 KYNAR 500V LIMITED WARRANTY 297 (06110) WHICH ARE ATTACHED AND INCORPORATED HEREIN By signature below, I certify that hold(s) title to the (Print Property Owner's Name) property upon which construction will be performed under this Order and has given permission for construction. Signature of Randy Hoernke Signature Date 91-10358-20111101-11323115-3013-6 0 20 11 Morlon 13uHdings, Inc. TPp N 'T W LcJ we -� 7 METROPOLITAN (ENGINEERING, INC. ENGINEERS - LAND SURVEYORS 20875 CROSSROADS CIRCLE, SUITE 150 WAUKESHA, WI 53186 (262) 782-2221 FAX 782-4426 PLAT OF SURVEY N 88902-50" E 250.00' PREPARED FOR: RANDY HOERNKE Wx-p.CA LOCATION: Kelsey Drive, Muskego, Wisconsin EASFAiSNT (PER DOC. NO. LEGAL DESCRIPTION: PARCEL 6 CERTIFIED SURVEY MAP NO. 8988, 592472) being part of the SE 1 / 4 of the SE 1 / 4 of Section 30, T 5 N, R 20 E, in the City of Muskego, Waukesha County, Wisconsini. December 15, 2004 (Stakeout) Survey No. 204523 House Detail SCALE: 1" = 30' 10' Offset IP 16.00' 806.58 El El r 806.9 806.6 z o 0) I � � 4 0 3 00 / I �•� vl i.33'w 17.33' 10` 4% • �1W Offset IP PR�POSED 808.40 D 'VEWAY T 8 El 17.33' o . � o PROP. FIN. YRD. GRD. = 811.8 (PROPOSED GRADE SHOWN ON THIS DRAWING IS A SUGGESTED GRADE AND SHOULD BE VERIFIED BY THE OWNER AND/OR THE BUILDING INSPECTOR.) EXISTING DWELLING TOP OF WALL EL. 818.03 71 T Yi ,fA'.L,!S it 'kT I • •.r- ' r hereby certify that I have surveyed the above described property and the above reap is a true reprewntion threof and shows the size and location of the property, its exterior boundaries, the location of all visible structures and dimensions of all principal buildings theron, boundary fences, apparent easements, roadway and visible enchroachments, if any. This survey is made for the present owners of the pro", and also those who purchase, mortage, or guarantee, the tide thereto within one (1) year from date hereof. 0 o, SCALE: 1" = 100' PARCIJL 6 21,365 Q• FT. 7.38 AGMS 00 cn W 41 L1N11TS SEWER 00 ..__.._..... _..._......� . �....._._.._.._....__. _._...� SERVICE AREA PRO _E_D SILT iVCE k El El 910.7 8 .9 36,008.8 174.00' 0 0 �o.oa•--- El E1 f 809,01807.3 EI 40.00' 36_00' 07.3 1 � 20'00' •84, 907.9 f t 1 9013 0 105.00' 73.671 4 - r El r 80 3 tz f� -; orosFa f —M , El f u 810.5 BUILDING f- ❑q f• . LINE sE2�.Jcx -� A3 SA4tY g �' EWEi2 ` 1 •r o Iron pipe Iron Pipe San MH AL Found Found El. A2 El. 808.14 El 809.15 s ss°03' 11" W 250.a0' 805.2 Culvert Stake Existing culvert El El Edge of Pavement S09.80 808E EY D RIVE KELS (R/W 1001 Signed D&ACAD DRAVI=%Surveys'\S204501-750\S204523 Randy HoerNce\S204523 Randy Hoerrke.dwg 12/15/D4 111000 AM CST City of Muskego Plan Commission Supplement PC 020-2012 For the meeting of. March 6, 2012 REQUEST: Building Site and Operation Plan Amendment to the Master Sign Program for the Shops at Janesville Commons S74 W 16825 Janesville Road / Tax Key No. 2199.999.063 NW '/4 of Section 10 PETITIONER: Outlook Management Group, LLC INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 020-2012 The petitioner is requesting an amendment to the existing Master Sign Program (MSP) for the Shops at Janesville Commons. The original MSP was approved by the Plan Commission on November 15, 2005 under #P.C. 135-2005. The original MSP did not allowed any logos as part of the wall signage. The petitioner would now like to amend the MSP to include corporate logos as part of the allowed wall signage. Since a MSP was part of the approval of this development, this formal Plan Commission amendment is required to allow the proposed change. DISCUSSION PC 020-2012 The proposed addition of allowing logos is a minor change. The original restriction relating to logos was self-imposed by the developer and was not a specific requirement of the City. This is currently the only development in the City that is known to have a restriction that does not allow the use of logos as part of the wall signage. The allowed overall size of the allowed amount of wall signage is not changing. The allowed signage size will continue to follow the maximum allowance of 5% of each leased wall area for wall signage, with proper permitting being required. Staff does not see any issues with the proposed MSP change and as such recommends approval. STAFF RECOMMENDATION PC 020-2012 Approval of Resolution PC 020-2012 Resolution #PC 020-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego Ifsk rw Planning Department 1L,7 lIL_-- 2/23/2012 Supplemental Map Petitioner: Outlook Management Group S74 W16825 Janesville Road COLLEGE s� Area of Interest y p a a"P ��SPD RESOLUTION #P.C.020-2012 APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AMENDMENT TO THE MASTER SIGN PROGRAM FOR THE SHOPS AT JANESVILLE COMMONS LOCATED IN THE NW'/4 OF SECTION 10 (S74 W 16825 JANESVILLE ROAD / TAX KEY NO. 2199.999.063) WHERAS, The petitioner is requesting an amendment to the Master Sign Program (MSP) that exists for the Shops at Janesville Commons located in the NW % of Section 10 (S74 W16825 Janesville Road / Tax Key No. 2199.999.063), and WHEREAS, On November 15, 2005 the original Master Sign Program (MSP) was approved by the Plan Commission under #P.C. 135-2005, and WHEREAS, The original MSP that was submitted by the petitioner did not allow any type of logos as part of the wall signage and the petitioner would like to amend the MSP to now allow logos, as well as the name of the business, as part of the allowed wall signage, and WHEREAS, The allowed signage size does not change and it will continue to follow the maximum allowance of 5% of each leased wall area for wall signage, with proper permitting being required. THEREFORE BE IT RESOLVED, That the Plan Commission approves an amendment to the Master Sign Program (MSP) that exists for the Shops at Janesville Commons located in the NW '/4 of Section 10 (S74 W 16825 Janesville Road / Tax Key No. 2199.999.063). BE IT FURTHER RESOLVED, That the MSP is approved as submitted and a copy of said plans are kept on file in the Community Development Department and that all aspects of this plan shall be followed 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary ULITLOOK ':■ MAN. kG MENT GAOVP February G, 2012 City of Muskego Department of Community Development Planning Services Division Attn: Mr. Adam Trezbiatowski, AICP W 182 S8200 Racine Avenue Muskego, WI 53150 Re; Proposed Amendment to Master Sign Plan for Muskego Properties, LLC located at S74 W 16825 Janesville Road Dear Mr. Trezbiatowski: We are proposing to amend the Master Sign Program for the above property because the current plan does not allow corporate logos as part of the exterior sign. We are proposing to add language to amend the existing plan that will allow the inclusion of tenant corporate logo's as part of the tenant's signage. The Tenant's signs shall comply with all of the City of Muskego sign codes and ordinances. We are negotiating with Sprint to lease space in the building and the Sprint lease is contingent upon the Landlord successfully amending the current sign program to allow the use of their corporate logo in their exterior sign. Please find attached two (2) copies of the Building, Site and Operations Plan Application; proposed amended Master Sign Plan and copy of the proposed Sprint signage. Please contact me at your earliest convenience if you have questions or concerns. I can be reached at 414.435.0246 or by email at ra autlookm mt.com. Sincerely, Muskego Properties, Inc. Outlook f4anagement Group, LLC (Zj1/--" Ray Balfanz, CPMS, ARMS] Jf� Intended Use: The current sign program for this property does not allow a tenant to add a corporate logo with their exterior signage. We propose to add language to amend the current sign program that will allow the inclusion of Tenant Corporate Logos as part of the tenant's exterior signs as long as the proposed sign conforms with the size and location requirements set forth by the City of Muskego. Please see the attached proposed Master Sign Program for the proposed language changes. We are negotiating with Sprint to lease space in the building and the Sprint lease is contingent upon the landlord successfully amending the current sign program to allow the use of their logo in their exterior sign. We have also attached the sign proofs provided by 5print. If this form has been filled out electronically, please click on the "Print Application" button on the top of page 1 or to the right of this text. Print Application Once the application is printed/filled out it can be submitted to the Planning Services Division along with any applicable information required for your submittal. Please see the attached sheet to ensure that the proper supporting documents are submitted along with this completed form. i HEREBY CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THE BUILDING, SITE, AND OPERATION PLAN PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE PLAN COMMISSION. Signature of the Property Owner. Print Name: Date: Signature of the Applicant (working as "Agent'' for the owner): I< -) �� c Print Name:./ , irI Date. For Planning Services Use Only Submittal Date: Staff Signature: Fees Paid: T,.,'. r Yes r. No , � .r.:.;.o,!` Page 2 of 9 PINNACLE _ CONSTRUCTION —F. Wj.% c]MT.lM Janesville Retail Center Master Sign Program GENERAL All Tenants are required to install one (1) sign on their sign fascia as herein specified. The purpose of this statement of Sign Criteria is to inform Tenants of the framework within which the Landlord will review and approve all signs to be erected in the Shopping Center by its Tenants. SIGNS OF FASCIAS 1. NUMBER OF SIGNS: A. Only one sign permitted per store, except as further described. B. When a store is at the intersectian of two outside storefront walls, Landlord will permit one sign on each facade. 2. LOCATION OF SIGNS: Identification confined to Tenant's leased frontage within the neutral strips separating two tenants. All signs to be located on building fascia as determined by Landlord's architect. 3. MOUNTING OF SIGNS: A. All signs shall be constructed and mounted in conformance with applicable codes and so that all fasteners, hangers, brackets, transformers, light leaks, and wiring will be concealed from public view. B. All fasteners will be of noncorrosive material such as aluminum, stainless steel or cadmium plated so as to not stain the fascia. All holes and fasteners will be fully filled and covered with silicone caulk to aid in rust prevention and prevent water penetration through the fascia. The proper number and size of fasteners will be used to support each sign by care will be taken during installation to minimize damage to the fascia. C. Awnings below signs will be fully covered with visqueen during installation to prevent dust and debris from damaging awning. D. Any penetration through the fascia needs to be siliconed. 4. SIZE OF SIGNS: Except as otherwise specifically limited herein, the size of signs and letters shall not exceed the following limits: A. Maximum length of sign — Per City of Muskego requirements B. Maximum height of letters -- Per City of Muskego requirements C. Minimum height of sign — Per City of Muskego requirements 5.. SIGN TEXT: Text shall be limited to Tenant's trade name and corporate low as set forth in the attached lease. B. TYPES OF SIGNS PERMITTED: A. Raceway Mounted. B. Script "signatures' without background, customarily used at Tenant's other places of business. C. Individual "cut out" block tetters provided the overall sign installation does not, in Landlord's opinion, constitute a box sign. D. The working of signs shall be limited to the store name and corporate Io ❑ only. 7. MATERIALS AND COLORS OF SIGN LETTERS A. Letter faces to be 31 16" White Lexan for center conformity and overall appearance. B. Letters to be made of minimum .040 aluminum returns with finished painted PMS trimmed with one inch (1") trim around the lexan edge. All aluminum surface inside letters will be painted white. C. Sign Face Colors: Nationally Trade Marked signs and corporate colors and corporate logos_are permitted. All other subject to preapproval. 8. TYPE OF ILLUMINATIONS: A. All signs on canopy fascia must be lighted. Letters must be internally illuminated (with translucent and with light sources completely concealed.) B. Letters to be internally illuminated with 13MM neon tubing or LED bulbs and 60 M.A. transformers. C. Transformers will be mounted behind the sign fascia adjacent to the makeup box. D. Front lighting of signs not permitted. g. ELECTRICAL INFORMATION; A. Electrical conduit and makeup box to the signs will be installed by Landlord as part of Landlord's interior work. B. Electrical service, wiring, and time clock to be paid by Tenant. C. Monthly electrical service to be paid for by the Tenant. 10. SPECIFIC PROHIBITIONS: A. Individual mounted signs. B. Interior and exterior flashing, rotating, andlor moving signs. C. Interior and exterior neon arid/or other exposed light sources of any description whatsoever. D. Light leaks of any kind. E. Box signs. F. Portable signs located within one (1) mile of the Shopping Center- G. Visible Sign Company names or permits unless required by local code. 11. DRAWINGS TO BE SUBMITTED FOUR COMPLETE SETS OF SIGN DRAWING MUST BE SUBMITTED TO THE Landlord for approval BEFORE fabrication. Tenant's sign drawings must include the following: A. Elevation view of sign (drawn to accurate scale) with dimensions of height of letters and length of sign. B. Notation of the specific manufacturer, sizes, and colors of the lens and letter materials and the neon tubing and transformers. C. Cross section view through sigh letter showing materials and the dimensioned projection of the face of the letter from the face of the wall surface. ❑. Scale drawing of location of sign on fascia as provided by Landlord's architect. The Landlord shall initial sign drawings submitted by Tenant indication Landlord's approval provided such drawings corifarm to the criteria specified herein. However, Landlord shall not be responsible for the cost of ref ab0cation of signs fabricated, ordered or constructed that do not conform to such sign criteria or are not specifically approved in writing by Landlord. 12. STOREFRONT SIGNS OR LETTERING: A- No signs or lettering shall be painted on or attached to the glass of storefronts, windows or doors except as herein specified. a. Neat lettering, consisting of letters not exceeding 1112' in height, may be placed on the inside of the window adjacent to the front door for the purpose of identification and information such as store hours and emergency telephone numbers. b. Lettering shall be confined to an area not exceeding 18" x 18". B. No signs such as billboards, sales, specials, etc- can bet attached to interior or exterior face of storefront, windows or doors except as approved by Landlord in writing. 13. LOADING DOOR SIGNS: No signs or lettering shall be painted directly on service doors, but stores having rear service doors on loading courts or service corridors shall provide a standard sign for these doors, consisting of Tenant's trade name in 1112" white Heivetica vinyl letters centered on the door on a vertical line 5' above the bottom of the door. No other type or design is permitted. 14. MISCELLANEOUS SIGNS: A. Any and all signs which, in Landlord's opinion, are not covered by the requirements set forth above shall be reviewed on their individual merits. B. There shall be no exterior freestanding or pylon sign other than the one erected by the Landlord. Deleted: ¶ . .... .-... Deleted: ¶ DESIGNFIRMS 201 )9-LD Graph lc Award rg• f'M'.rR�Cetwr.e. - Printed artwork r r r . .ys • . _ r r .. . r rcolors.Please refer to rr • . . . r salesman r r r 0uuryuluC4 erenUGrwrilCrS L.'b0ra IOril S. I [Pl.s .n.r eYndunrorr yn.w rq These drawinas are the exclusive nroaertV of 8anel Sian Comaanv. blot to he donfirated in env, wav without exoressnd written nermissian+ eui i,.j 14 1 ■ SAVED AS SOW L0GTI DX MUSk¢g0 Wi CLIENT SALES REP LdY DATE 4J7n i2 PfV15I0N DESIGNER ltvm& ■ CNANNEtlET - ❑ OM CHANNEL lErrEES ❑ W%KE CHANNEL IETrW ❑ IEONAr!_ENiS � cAerzrslw ❑ LN>lA.a1E1+154. ❑rr Si ❑ rl'LON PA.rfi i� Oxer ❑ ruTE Lmms ❑ mNER ❑ vxvF WO ❑ MUM WED narvsa MOUNT ❑ FLus vIcm- lM RNALLT1uJ1N TEG ❑ rIDN RrW-1MIMATEL NEON ❑ LEO ❑ [.NAPS m fIOVTIGNSfORMFAS ❑ MAIA. M SOM.A. © Inv ADVANCEm . ❑ C9.APNTy[ C VTGR.aPNFfS ❑ DIrfTA PSMNaDrdAEPN ❑ AnAlDMM1MRaVRV FMC Km Ya4z ❑ PLE%W MD ❑ FMFACE ❑ LE% —IF May 8yack m rnRrcAv ftek ❑ WAI1 M Q msssAm CFN ❑ T Covm ❑ AMO NDLAOM ❑ SPK4L YGORMA�10rc City of Muskego Plan Commission Supplement PC 022-2012 For the meeting of. March 6, 2012 REQUEST: Approval of Temporary Fireworks Sales at Pick N Save S74 W17005 Janesville Road / Tax Key No. 2199.999.065 SW '/4 of Section 10 PETITIONER: Timothy Delimat (Black Bull Fireworks) INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 022-2012 Petitioner proposes to operate a temporary fireworks sales stand in the Pick N Save parking lot. A 20' x 60' tent is proposed. Signage has been indicated as two 4' x 20' and one 4' x 15' temporary banners that will be hung from each side of the tent. Operations are proposed from June 26`h — July 8`h, from 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site and the restroom facilities. DISCUSSION PC 022-2012 The proposal is consistent with operations of other vendors in Muskego. Firework sale were at this site last year too, but a different person is running them this year. A transient merchant license must be obtained from the City Clerk's Office. Also, 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 on site. STAFF RECOMMENDATION PC 022-2012 Approval of Resolution #PC 022-2012 RESOLUTION #P.C. 022-2012 APPROVAL FOR THE SALE OF FIREWORKS FOR TIMOTHY DELIMAT AT THE PICK N SAVE PROPERTY LOCATED IN THE SW '/ OF SECTION 10 (S74 W17005 JANESVILLE ROAD / TAX KEY NO. 2199.999.065) WHEREAS, A request has been submitted by Timothy Delimat 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 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 20' x 60' in size, and WHEREAS, Signage has been noted on the proposal as two 4' x 20' and one 4' x 15' temporary banners that will be hung from each side of the tent, and WHEREAS, A site plan has been filed for Staff review and that 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 Pick N Save parking lot for fireworks sales for Timothy Demilat subject to the following conditions: Dates of operation approved from June 26th, 2012 to July 81h, 2012, and Hours of operation permitted only from 9 am to 9 pm, and A letter of approval from the property owner has been submitted to the Planning Division allowing the use of the restroom facilities at the Pick N Save, and Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior to any site work on the property, if applicable, and Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary Black Bull Fireworks 34231 High Drive East Troy, WI 53120 414-349-2463 February 14, 2012 To Whom It May Concern: We would like permission to sell novelty fireworks in the City of Muskego. Our location would be the Pick N Save at S74WI7005 Janesville Road, Muskego, WI. We would like to put a 60x20 tent and 8x20 storage container in the parking lot area (see site plan). The fireworks stand would be open from June 26th until July 8, 2012. The operation would have hours from 9arn to 9pm. We are estimating 30 customers per day and 2 employees on site. During open hours, the fireworks will be displayed on tables. At night, the fireworks would be stored in a metal mobile mini storage unit. Sincerely, f, = � �'G Timothy and DeAnna Delimat Owner *4 :• - Prnspstd r?r+M- h{31 5 GOiA$r6j Perk = = _ _-.-`-�,� •3 r _�-168sCPfTYerS•F a•�t.r JAWl"�--GVh-U'-E i PLO CREPTE-D ON 2-1*-12 Nu - en tv h8c�6' V- IV -�� -1AAJ 1021 C K Al 5_V,q -If aE bU0 MORE r/ Dl-5TfiNCEFXM S�4 WI-7ffiS- J,4AIE6 VILLEW, EN 7- PIC k' A) . T- 0. 1 4 II/E February 12,2012 To Whom It May Concern; I give Black Bull Fireworks its employees and customers permission to use the restroom facilities located at Pick n' Save on Janesville Road in Muskego. Sincerely, Manager Muskego Pick n' Save City of Muskego Plan Commission Supplement PC 051-2011 For the meeting of. March 6, 2012 REQUEST: Approval of a Preliminary Plat, Crystal Cove Subdivision Tax Key No. 2287.999.004 & 2288.996.003 / Crystal Drive SE '/4 of Section 32 PETITIONER: Carity Land Corporation INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski AICP BACKGROUND PC 051-2011 Petitioner has submitted the Preliminary Plat for the Crystal Cove subdivision. The proposal includes 12 single- family lots and 3 outlots off of Crystal Drive, which is off of Muskego Dam Road. The Plan Commission reviewed a very similar concept plan for this development at their February 2011 meeting and the Preliminary Plat substantially conforms to that discussion. PLAN CONSISTENCY PC 051-2011 The 2020 Plan depicts the area for Rural Density Residential (<.49 units/acre). Comprehensive Plan: All lots meet this requirement, except for Lot 9, which will have to be slightly modified. The proposal is consistent with the Plan, with the required change. The property is currently zoned RS-2 Suburban Residence District, allowing parcels of 40,000 square feet and 220 feet in minimum average width. On the far southern portion of this development, there is a 3 acre area that is currently zoned EA. With the separate discussion occurring about rezoning EA areas to Zoning: A-1, a portion of Lot 12 may become A-1 zoned. In discussions with the developer, the most viable option would be to rezone this EA/A-1 area to RS-2. This would then be consistent with the adjacent zoning to the north and west. This rezoning to RS-2 would need to be completed before the Final Plat could be recorded. The rezoning is consistent with the proposed plat, noting the items above. There are no future park areas shown within this development in the Plan. There are two limited areas shown to have medium conservation priorities on them, but these areas are wetlands/lowlands, which are already required to be Park and Conservation preserved by state and City regulations. These areas are mostly around the Plan: lake. The Big Muskego Lake Wildlife Area is shown to be on the eastern portion of this site. After discussions with the Conservation Coordinator and the DNR, there are no required regulations applicable to this area. The DNR oversees this area (not the Conservation Commission) and they have stated that they can only suggest items to land owners that want to preserve their land or want to sell their land. The proposed concept would be consistent with the Plan. Street System Plan: All Right -of -Ways are shown to be dedicated to their ultimate widths. The plat is consistent with the Plan. The proposed land division would require Stormwater Management pursuant to Chapter 34 of the Municipal Code. A grading plan will need to be submitted to Stormwater Management the Engineering Department and approved by the City before any construction Plan: can occur and before a final plat could be recorded. Stormwater Management will be handled within drainage easements within the development. The initial grading/stormwater plans for this site include the use of rain gardens bio- retention ponds in place of traditional stormwater ponds. This development area is not within the sewer service area. The unplatted Adopted 208 Sanitary Sewer western portion of this lot is within the sewer service area, but is not being Service Area: developed at this time. The parcels will be served by private septic/mound systems on each lot, with the exception of Lots 9 & 10, which will have their mound/septic systems located on Outlot 1. Water Capacity Assessment The property will be serviced by individual wells. The proposal is consistent District: with the Plan. STAFF DISCUSSION PC 051-2011 The plat proposes 12 lots for single-family use and 3 outlots for future development and septic mound areas. Currently, access to the site would be off of Crystal Drive onto Dutch Hollow Drive (the main new street). This street will contain a temporary cul-de-sac abutting the western edge of the development. When the land to the west of this development develops, then this road would be extended to Racine Avenue. This development will feature rural themed lot sizes. Seven of the lots will have frontage on Crystal Lake. As mentioned above, Crystal Cove was reviewed at the conceptual level in February 2011 by the Plan Commission. Prior to that there were some previous concepts that included plans for higher densities in this area but those were never looked upon favorably by the Plan Commission. The February 2011 version was received much better. There were two members of the public that spoke at that meeting stating concerns/questions relating to the wetlands, stormwater retention, the temporary cul-de-sac, septic systems, and rural character of the area. It appears that these concerns have been or will be taken care of and/or looked at further. The RS-2 District permits unsewered residential developments allowing single-family residential lots of a minimum of 80,000 square feet and 220 feet in minimum average width. As noted above, on the far southern portion of this development there is a 3 acre area that is currently zoned EA (which may be rezoned to A-1). The developer has stated that they are going to rezone this area to RS-2 in order to make the entire development cohesive in zoning. This rezoning to RS-2 would need to be completed before the Final Plat could be recorded. The Final Plat approval is contingent on this rezoning of the EA/A-1 area. The RS-2 zoning allows front setbacks of 40 feet, offsets of 15 feet from one side, 20 feet from all other side and rear lot lines, and 50 feet from the ordinary high water mark. The 2020 Comprehensive Plan shows the area as Rural Density Residential, which allows lots no smaller than 88,989 square feet, and the proposal meets this requirement, other than for Lot 9, which will have to be slightly adjusted. The resolution states that Lot 9, and all other lots, must be at least 88,989 square feet in size to meet the requirements of the 2020 Comprehensive Plan. There has been a preliminary grading/roadway/utility plan submitted which starts to look at how some of these items will be handled. There is a note in the resolution that the final Grading Plan will need to pay special attention to how run-off to the east/southeast is going to be handled as to keep it within this development and not on adjoining properties. Also, the resolution states that curb and gutter are required for this development unless otherwise waived by the Public Works Committee. For developments with larger lots like this, the Public Works committee can allow a rural road cross section with ditches. The Resolution is drafted to allow approval subject to technical corrections, which do not substantially impair the plat. The Resolution is drafted to permit planning and engineering corrections prior to final plat approval. Resolution #PC 051-2011 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 [m I II Prepared by City of Muskego �111CI'll H"0 Planning ' Supplemental Map Petitioner: Bill Carity / Crystal Cove Subdivision Crystal Drive RESOLUTION #P.C. 051-2011 APPROVAL OF A PRELIMINARY PLAT FOR CRYSTAL COVE SUBDIVISON LOCATED IN THE SE'/4 OF SECTION 32 (TAX KEY NO. 2287.999.004 & 2288.996.003 / CRYSTAL DRIVE) WHEREAS, On November 23, 2011 a preliminary plat was submitted by Carity Land Corporation for the Crystal Cove Subdivision located in the SE '/4 of Section 32, and WHEREAS, Said plat proposes twelve (12) lots for single-family use and three (3) outlots for future development and septic mound areas, and WHEREAS, The proposed development is zoned RS-2 (Suburban Residence District) with a three acre area zoned EA (Exclusive Agricultural District), and WHEREAS, The RS-2 District permits unsewered residential development allowing single-family residential lots of a minimum of 40,000 square feet and 220 feet in minimum average width and the proposed lots all meet the applicable zoning regulations, and WHEREAS, The RS-2 zoning allows front setbacks of 40 feet, offsets of 15 feet from one side, 20 feet from all other side and rear lot lines, and 50 feet from the ordinary high water mark, and WHEREAS, The 2020 Comprehensive Plan shows the area as Rural Density Residential, which allows lots no smaller than 88,989 square feet (a density of <.49 units/acre), and the proposal meets this requirement, other than for Lot 9, which will have to be slightly adjusted, and WHEREAS, Parcels will be serviced by private septic/mound systems and private water wells, and WHEREAS, Stormwater management would be accommodated for within drainage easements depicted on the plat. THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council of a Preliminary Plat for the Crystal Cove Subdivision, located in the SE '/4 of Section 32 and will be receptive to the submittal of a final plat, subject to resolution of technical discrepancies as identified by the City Planning Department and City Engineers, and payment of all applicable fees in Section 18.14 of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That all lots must be at least 88,989 square feet in size to meet the requirements of the 2020 Comprehensive Plan. BE IT FURTHER RESOLVED, That the portion of Lot 12 that is zoned EA will need to be rezoned to RS-2 before the Final Plat can be recorded. BE IT FURTHER RESOLVED, That the final Grading Plan will need to pay special attention to how run-off to the east/southeast is going to be handled as to keep it within this development and not on adjoining properties. BE IT FURTHER RESOLVED, That curb and gutter are required for this development unless otherwise waived by the Public Works Committee. BE IT FURTHER RESOLVED, That full grading/construction plans will need to be submitted for formal approval before any work can begin on site. BE IT FURTHER RESOLVED, A Subdivider's Agreement and Letter of Credit must be approved by the Council and all subdivision improvements made and accepted before any Final Plat approvals can be allowed. BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. • �l rrx �n u� ror ..e m= - oee¢am,agnxa ..oe ss,ee�i ..ara .a N�isd1� �Me L(i(.� fi.5y -c V �'ri7 ��.w.=:' 4fi•, "iir.een N snwc n�.n - b'� fir. leas_ ..o :l+i•�wr.. l.m l.rsr.a•c z•e o. PRELIMINARY PEAT CRYSTAL COVE a�mPTrPd'µR r. wvoew.o.oeo MR Q2 -...ar. a. u..v. r :.. m..ourrr : � •r r �rY .r ueairnm=aw.�xna yes �I Q City of Muskego Plan Commission Supplement PC 003-2012 For the meeting of: March 6, 2012 REQUEST: Rezoning from A-1 Agricultural District to RC-1 Country Residence District. W 181 S9102 Parker Drive / Tax Key No. 2241.997 NE, SE, & SW '/4 of Section 21 PETITIONER: Richard & Neome Schaumberg INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 003-2012 Richard & Neome Schaumberg are requesting a rezoning for their property located along Parker Drive (W181 S9102 Parker Drive / Tax Key No. 2241.997). The rezoning would be from A-1 — Agricultural District to RC-1 — Country Residence District. A 2020 Comprehensive Plan amendment is not necessary as the proposed Rural Density shown in the 2020 plan does match the proposed rezoning already. The petitioner is requesting this rezoning in order to complete a possible future land division. The land division is not able to occur without the rezoning. The proposed zoning is already found on some adjacent properties and the proposed zoning fits within the allowances of the 2020 Comprehensive Plan. Lots within the RC-1 district must be at least 200 feet in width and at least 80,000 square feet in area. Since the 2020 Comprehensive Plan identifies this property as Rural Density Residential, any lots within this area would need to be at least 88,898 square feet in size or greater in order to meet the < 0.49 units per acre density requirement. There is no sanitary sewer service currently available that would be feasible to serve these properties. Any divisions on this property will still need separate approvals at a later date if said rezoning is approved. STAFF RECOMMENDATION PC 003-2012 Approval of Resolution PC 003-2012 Resolution #PC 003-2012 Supplemental Map � .i Y M PARKER DR' S- RC-1 � r i + l , r 0 125 250 500 Feet Seale.: Y LEGEND Agenda Item(s) COLLEGE Property Owner: Property ■ I Zoning Districts E Area of Interest Richard & Neome Schaumberg JPNES`nLL /111%/ Right-of-way W181 S9102 Parker Drive Hydrography =P Aerial Photo Date: April 2010 5 ['m I II Prepared by City of Muskego IAL �111CI'll H"0 Planning ' RESOLUTION #P.C. 003-2012 RECOMMENDATION TO COUNCIL TO REZONE THE SCHAUMBERG PROPERTY FROM THE A-1 TO RC-1 COUNTRY RESIDENCE DISTRICT LOCATED IN THE NE, SE, & SW '/ OF SECTION 21 (TAX KEY NO. 2241.997 / W181 S9102 PARKER DRIVE) WHEREAS, On December 8, 2011 a petition for a rezoning was submitted by Richard & Neome Schaumberg to rezone a property from the A-1 Agricultural District to RC-1 Country Residence District, and WHEREAS, The reason for the request is so they can adequately allow a future land division on the property, and WHEREAS, The rezoning request does not require a 2020 Comprehensive Plan Amendment, and WHEREAS, The proposed zoning district is already found on some adjacent properties in this area, and WHEREAS, A Public Hearing for the rezoning is before the Common Council on January 10, 2012, and WHEREAS, The property is currently served by private sewer and private water. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from the A-1 Agricultural District to RC-1 Country Residence District for property located in the NE, SE, & SW '/4 of Section 21 (Tax Key No. 2241.997 / W181 S9102 Parker Drive). Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 004-2012 For the meeting of: March 6, 2012 REQUEST: EA - Exclusive Agricultural District Mapping and Zoning Text Changes PETITIONER: City of Muskego INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP DISCUSSION PC 004-2012 Staff has been meeting with the Common Council since May 24, 2011 to discuss changes in the way State Preservation Tax Credits are being administered now and how this affects the City's EA Exclusive Agricultural Zoning District (Note: Letters were sent to all EA landowners back in April 2011 as well to seek their comments). At these previous meetings the Council directed staff to come back with a few ordinance options once the State first determined if they were going to remove the EA District conversion fee (fee charged to property owners who convert their parcel from the EA zoning district to another zoning district). The state has removed that conversion fee and the options for the city are now presented herein. Council wanted to provide the various options at a public hearing and then determine the best direction after receiving this input. To sum the whole story up: • The City's EA zoning district was put in place in the early 1980s solely to allow property owners to get State of Wisconsin agricultural preservation tax credits. Since this time the city has allowed owners to rezone out of the EA District to the comparable A-1 District at their leisure. In most cases owners requested this rezoning to allow a smaller parcel to be split off or because they didn't need the tax credits and they wanted a legal conforming parcel (The EA zoning district requires parcel sizes of 35 acres to be conforming while the A-1 zoning district only requires 2.75 acres). • The State of Wisconsin changed the requirements for an owner to receive agricultural tax credits this past year. Instead of simply being locally zoned EA and applying for the credits you would now have to: 1. Be locally zoned EA; 2. The municipality would have to have a State certified new EA zoning text in place, and; 3. The property would have to be approved in the Waukesha County's Farmland Preservation plan as a designated Farmland Preservation Area (note: many requirements apply to qualify). • This brings us to tonight where we have allowed various options to be reviewed by Council based on the public hearing info we receive. As you will see below the Council has the ability to keeps things as is, keep opportunities for owners to possibly still acquire future tax credits, or remove the EA zoning district and text and let owners come back in the future if they are able to properly assemble the requirements for future tax credits. Options for the City are found below. The Council has in front of them today Ordinances #1353 and #1354. Ord #1353 changes the City's EA zoning text to the new state approved language should we want to keep the EA district and Ord #1354 removes the EA code and district and replaces it with the A-1 zoning district for parcels: 1. Leave all ordinances and zoning districts the same as today — This would leave the existing EA zoning district and EA zoning ordinance text "as is" today. Chances for yearly preservation tax credits would not be allowed since the State now requires many different qualifications to receive such credits including having a new model EA zoning ordinance text. To accomplish this scenario we would defeat ordinances # 1353 & #1354. 2. Adopt ordinance language for EA zoned parcels — The State has a new model ordinance for EA zoned parcels that the City could adopt. The language is a bit more restrictive in nature than what exists today. Adopting this language could then make parcel owners eligible, in the future, for State preservation tax credits. However, it should be noted that a parcel owner would have to meet many more obligations through Waukesha County and the State of Wisconsin before being able to receive such tax credits. Obligations would include becoming a Primary or Secondary Farmland Preservation zone in the County's new Farmland Preservation Plan. Becoming such an area requires numerous qualifications including committing the parcels of land to farmland for at least 15 years and having contiguous blocks of farmland of at least 1,000 contiguous acres, among other requirements. To accomplish this scenario we would adopt ordinance # 1353 & defeat ordinance #1354. 3. Remove the existing EA zoning ordinance and change any parcels that have the EA zoning district to the A-1 Agricultural zoning district — This option would allow farmers to continue all farming practices they currently practice today on their EA zoned lands. Further this would also allow parcel owners to be able to break up future parcels at 2.75 acres in size without seeking out their own rezoning as the current EA zoning district requires minimum parcel sizes of at least 35 acres. To accomplish this scenario we would defeat ordinance # 1353 & adopt ordinance #1354. PUBLIC COMMENT A public hearing regarding the options presented herein was completed at the Council's January 10, 2012 meeting in which two individuals spoke. One individual requested the city change their parcel back to the A-1 zoning so as not to complicate future land divisions that comply with the Comprehensive Plan. One individual spoke requesting that the EA zoning remaining on their parcel because this is simply the zoning they have always enjoyed. As previously mentioned staff explored this topic by reaching out for comments back in April 2011 and we received only two comments from landowners who didn't care if the changes were made as they didn't take tax credits. Also, staff sent direct letters to all landowners as well before this public hearing and staff only had one individual come in and one person email us. The one individual who stopped in is a current farmer and landowner of an EA parcel. He understood the situation and thought that as long as the city was open to reinstating the EA district for people who might comply with the State/County in the future it was fine. The person emailing us stated that they are affected as well and requested that a rezoning to the A-1 District is now appropriate. STAFF RECOMMENDATION PC 004-2012 Resolution PC 004-2012 is written up so Planning Commission can amend the THEREFORE BE IT RESOLVED section to add in their intended recommendation. Staff recommends that we amend and approve the resolution with the following language: THEREFORE BE /T RESOLVED, That the Plan Commission recommends that the Common Council defeat Council Ordinance #1353 and approve Ordinance #1354. BE IT FURTHER RESOLVED That the City should look favorably on a landowners' future zoning petition should they request to reinstate the EA zoning if they have received approval from the State of Wisconsin and Waukesha County as a qualifying designated agricultural preservation area. Amending to include the last BE IT FURTHER RESOLVED shows the city's commitment to landowners who may wish to go thru the State and County requirements to still be considered a designated agricultural preservation area in the future. Amending the resolution in this way would eliminate the EA zoning district and text from the Chapter 17 Zoning Code and Map and make all parcels that have the EA Zoning District today now be under the guidelines of the A-1 Agricultural Zoning District and text. Staff recommends this for many reasons including the following: • The A-1 zoning district allows the same abilities and practices that the EA zoning district does today. • The A-1 zoning district will allow the city to have more parcels that are legal conforming. The EA district has many parcels that were arbitrarily zoned EA back in the 1980s that are still legal nonconforming today as the EA zoning minimum parcel size requirement is 35 acres while the A- 1 district minimum parcel size is 2.75 acres. • The change will allow parcel owners to more easily divide their parcels for family land divisions without a future rezoning. • The chances of an owner getting their lands included in Waukesha County's Farmland Preservation Plan as a designated farmland preservation area is very slim. One owner would not be able to accomplish this in Muskego as it would have to be a group of owners. The requirement to become designated states that an area would have to be contiguous blocks of at least 1,000 acres (The city only has one possible contiguous block this size as is today and this consists of 10+ owners that would have to coordinate together). Further all owners would have to agree to commit their parcels to farmland for at least 15 years. • If owners would get their properties included in the Waukesha County Farmland Preservation Plan in the future the City could always review re-creating an EA zoning district for those specified lands. • Only small portions of three towns in Waukesha County (Town of Oconomowoc, Town of Eagle, and Town of Ottawa) are still designated in the County's Farmland Preservation Plan as a farmland preservation area. • The City of Muskego plans future land uses via their 2020 Comprehensive Plan and zones lands based on current land uses. We shouldn't be zoning for one small specific area as a whole for the overall EA District. • The City of Muskego still promotes agricultural preservation as part of the 2020 Comprehensive Plan "Conservation Preservation Desired Development Area" on the adopted 2020 Land Use Map. RESOLUTION #P.C. 004-2012 RECOMMENDATION TO COMMON COUNCIL TO AMEND THE CHAPTER 17 ZONING CODE AND ZONING MAP OF THE CITY OF MUSKEGO RELATING TO THE EA EXCLUSIVE AGRICULTURAL DISTRICT TEXT AND DISTRICT MAPPING WHEREAS, The City of Muskego Common Council has been reviewing various possible changes to the City's EA Exclusive Agricultural Zoning District and zoning text this past year due to changes in the State Law governing Agricultural Preservation Tax Credits, and WHEREAS, The EA Zoning District and zoning text was implemented by the City of Muskego in the early 1980s solely to allow farmers ability to apply for the State's Agricultural Preservation Tax Credits, and WHEREAS, State laws have recently changed relating to Agricultural Preservation Tax Credits that require a landowner to meet more requirements, outside of the city's control, above and beyond simply having the city zone their lands EA Exclusive Agricultural, and WHEREAS, The City's Common Council has posed different options, via the following ordinances, that allow different possibilities on how the city wishes to zone agricultural lands as we progress into the future: • Council Ordinance #1353: Ordinance that would amend the City's existing EA Zoning Text to repeal it and recreate it as a new State approved EA Zoning Text, • Council Ordinance #1354: Ordinance that would remove the EA zoning text and EA Zoning District form the Zoning Map and replace those parcels currently zoned EA Exclusive Agricultural today with the A-1 Agricultural District, and WHEREAS, The A-1 Agricultural District allows the same agricultural activities as the EA Exclusive Agricultural Zoning District, and WHEREAS, The A-1 District allows parcel sizes of 2.75 acres in size and 300 feet in width and the EA Exclusive Agricultural District allows parcel sizes of 35 acres in size and 1,275 feet, and WHEREAS, A public hearing took place to consider the amendments on January 10, 2012. THEREFORE BE IT RESOLVED, That the Plan Commission recommends that the Common Council approve Ordinance # Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 005-2012 For the meeting of: March 6, 2012 REQUEST: Chapter 17 Code Changes PETITIONER: City of Muskego INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 005-2012 Throughout the year staff retains various code updates and tries to bring them all forward at one time during the end of the year to avoid longer meeting times 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. The changes that are included as part of this resolution tonight are further described below. Chapter 17 Zoning Code Changes Section 4.03(6) — This was requested by the CDA so people who receive approved grants/loans from the City have to maintain their improvements in perpetuity. Section 8.01(3)C.17. & Section 14.03(7) — This is clarification based on state codes regarding zoning variances. This is the recommended way for the City to make reasonable accommodations for the disabled when it comes to zoning related setbacks/offsets. Section 8.38(3)C.1.c. — This change is to show that nursing homes are allowed with conditional use grants in the DR-1 district in order to match other commercial zoning districts. Section 9.17(1) — This correction is needed to update the Lake Meadows PD code section to match the required accessory structure rear offset that has always existed, but was inadvertently omitted from the code language. Section 14.06 — This is for clarification as to when a public hearing is required for the willing removal of a Conditional Use Grant. Section 15.05(8) — This modification to the fence zoning text is being added to clarify how fence height regulations are measured. Section 16.09(3) — This modification was requested by the Plan Commission from past review. This ordinance will allow more flexibility in electronic message center displays. STAFF RECOMMENDATION PC 005-2012 Approval of Resolution PC 005-2012 RESOLUTION #P.C. 005-2012 RECOMMENDATION TO COMMON COUNCIL TO AMEND CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO WHEREAS, Chapter 17 regulates zoning regulations within the City of Muskego and a portion of the ordinances requires modification, and WHEREAS, A public hearing took place to consider the amendments on January 10, 2012, and WHEREAS, Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05, & 16.09 of this Chapter are being modified. THEREFORE BE IT RESOLVED, That the Plan Commission recommends the attached changes to Chapter 17 of the Municipal Code as attached. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary Code Changes Chapter 17, Section 4.03 (6) - (6) COMPLIANCE IN PERPETUITY Any BSO Plan granted through the authority of this Section, or site/fagade improvement (based on an approved grant or loan program carried out by the Community Development Authority, Planning Commission, or Common Council) shall be perpetually binding upon the development and all aspects of the approval given shall be followed. Further, BSO Plan or site/fagade improvement referenced above, shall be perpetually binding to the extent that: A. All buildings and structures shall be maintained in a tasteful, safe and appropriate manner as they were originally approved for. B. All landscaping shall be periodically groomed and/or replaced when necessary. C. All drives, parking and pedestrian areas shall be kept in a safe and passable condition. This includes the maintaining of the appropriate pavement markings and the refinishing of the asphalt or concrete when it should become deteriorated. D. All natural areas and environmental areas identified for protection shall be maintained in manner which preserves their aesthetic and natural function E. All repairs and maintenance shall be executed in a timely manner. Chapter 17, Section 8.01 (3) C. 17. - 17. Waiver to a dimensional zoning regulation for a reasonable accommodation for person with disabilities. See Section 14.03(7) for details. Chapter 17, Section 8.38 (3) C. 1. C. - C. Nursing/rest homes, homes for all aged, and daycares. Chapter 17, Section 9.17 (1) - (1) The Lake Meadows Planned Development consists of approximately 132.5 acres containing 206 single- family parcels and one outlot. The development is located off of Kelsey Drive just east of Crowbar Drive and stretches south from Kelsey to Lake Denoon. The Final Plat included one outlot that was dedicated to the City for Park purposes and is now zoned for a City Park. The development was constructed in one phase and is serviced by the Norway Sewer Service District and a private water trust. The planned development was originally created under the zoning of RS-2/PD Suburban Residence District with a Planned Development Overlay District. The Planned Development zoning was put in place to allow the developer's to use the reduced lot square footages while preserving the required density of the City's Comprehensive Plan. The PD also changed a few of the requirements of the underlying zoning including reducing all front setbacks to 35 feet, reducing side offsets to 10 feet, and enlarging rear offsets to 30 feet, except for accessory structures which are allowed a 10 foot rear offset. The 2010 Comprehensive Plan depicts the area for single-family residential development consistent with the Lake Meadows proposed density. A Developer's Agreement was approved with the Final Plat by the City's Common Council outlining the individual guarantees. Chapter 17, Section 14.03 (7) - (7) REASONABLE ACCOMMODATIONS FOR THE DISABLED A waiver to a dimensional zoning regulation can be granted through a Conditional Use Grant to offer a reasonable accommodation for a person with disabilities. Said grants should only be issued for current needs and only the minimum waiver necessary should be granted, with all other non -waiver options first being explored and ruled out. The Plan Commission can impose conditions as part of said grant, such as having said structure/feature removed once the disabled person vacates the property. Chapter 17, Section 14.06 - Where a permitted conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare the conditional grant may be terminated by action of the Common Council following referral to the Plan Commission for recommendation, and public hearing thereon. Such use shall thereafter be classified as legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional grant, the Common Council may require complete termination of such use. When the owner of the property/business is requesting the termination willingly, due to the use being discontinued, a public hearing is not required. Building, Site, and Operation Plan amendment review is still required by the Plan Commission to terminate said use in this circumstance. Chapter 17, Section 15.05 (8) - (8) FENCES & WALLS Where anchored to supports embedded in the ground shall be considered permanent structures and shall be subject to the following: A. Any GUGh fenGe or wall not on exr---ess- of 6- feet in height may be allowed with a valid Zoning per Fence panels are allowed to be up to 6 feet in height, with up to an additional 6 inches being allowed for ground clearance and post/cap height. The total height of any installed fencing system (fence panels, posts, and caps) cannot exceed a maximum combined height of 6 foot 6 inches. The total fence system heights are measured from the natural grade at any point along the base of the fence/posts to the top of the highest fence panel, post, or post cap. B. Any such fence or wall in excess of the height listed in 15.05(8)A. 6 feet OR hoinh+ may be permitted provided it conforms to the height, offset, and setback requirements of the district in which it is located. C. FeRGe heights are measured frem the natural grade at any peint aleng the base ef the fence/Posts to the ton of the highest fence panel 9F post. If the fence or wall is going to be located on a berm, the berm cannot have slopes that measure steeper than four (4) foot horizontal to one (1) foot vertical slope. Also, the top of the berm must have a level area on each side of the fence or wall that is at least two (2) feet wide. These requirements apply to any new/replacement fencing or wall on an existing or proposed berm. (Ord. #1326 08-19-2010) D. The decorative side of all fencing must face the neighboring properties. (Ord. #1326 08-19-2010) E. All fencing in residential districts must be constructed out of materials that are traditionally found in residential areas. (Ord. #1326 08-19-2010) F. Retaining walls or decorative walls may be permitted anywhere on the lot provided, however, that no individual wall shall exceed 6 feet in height, and a terrace of at least 3 feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than 3 feet to the base setback line. Chapter 17, Section 16.09 (3) - (3) Time/Temperature and LED devices: Time -and -temperature devices may be erected as wall signs or part of ground and monument signs and shall meet the requirement attendant to those sign types. Time -and - temperature devices may display the time, the temperature, activities occurring on the premises, and public events. three messages per day. The signs may change messages or time/temperature every 3 5 seconds. Colors and intensity of LED signage is under the sole discretion of the Planning Commission. LED specifications must be included as part of submittal if intended to be used. City of Muskego Plan Commission Supplement PC 006-2012 For the meeting of. March 6, 2012 REQUEST: Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant. Crowbar Road / Janesville Road NE'/4 and SE'/ of Section 13, T5N R19E PETITIONER: Payne & Dolan INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 006-2012 Petitioner seeks approval of the required annual review for continued mining and processing of sand and gravel and the extension of use of an asphalt plant. PLAN CONSISTENCY PC 006-2012 Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and extractive land use. The proposal is consistent with the Plan. The M-3, Landfill & Extractive District, allows extractive operations Zoning: by conditional use grant. A CUG was previously approved for the extractive operations and asphalt plant. An annual review is required as a condition of approval. No parks are proposed in the area. High Conservation Priority is along Crowbar Road, specifically as a view corridor. The current Park and Conservation extractive operations are far removed from this area. P & D has Plan continuously improved this area of their site through restoration, slope stabilization, and plantings. The proposal is consistent with the Plan. Street System Plan: rT�e 2010 Street System Plan indicates Crowbar Road to be a 100' imate right-of-way. No dedication is required at this time. Utility Service Areas: IThe property is served by private sewer and private water. DISCUSSION PC 006-2012 A site inspection revealed the site to be well maintained. The site is paved where product is picked up. Erosion control practices are followed; no materials are tracked off site. The equipment on site appears to recently have been painted and is well maintained. Payne & Dolan does not have a schedule for 2012 night-time operations and trucking at this time. When night operations are scheduled, past notification practices will be followed. This includes sending letters regarding their evening operations to affected property owners, accompanied by a phone number for complaints. There were no complaints received last year regarding night trucking. A Reclamation Plan was submitted and approved in 2002 as per Chapter 38 of the Muskego Ordinance. This is reflected in the Resolution. STAFF RECOMMENDATION PC 006-2012 Approval of Resolution # PC 006-2012 Resolution #PC 006-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego Ifsk rw Planning Department 1L,7 lIL_-- 2/23/2012 Supplemental Map Petitioner: Payne & Dolan W217 S8425 Crowbar Road RESOLUTION #P.C. 006-2012 APPROVAL FOR THE RENEWAL OF THE PERMIT FOR THE CONDITONAL USE GRANT #37 AND THE APPROVAL FOR THE RENEWAL OF THE CONTINUED OPERATION OF THE ASPHALT PLANT ON CROWBAR ROAD FOR PAYNE & DOLAN LOCATED IN THE NE AND SE'/4 OF SECTION 13, TSN, R20E WHEREAS, The Plan Commission of the City of Muskego has received a petition for the renewal of Conditional Use Grant #37, held by Payne & Dolan Company for an extractive permit, and WHEREAS, That request also includes renewal for the operation of the asphalt plant, and WHEREAS, All fees have been paid and the public hearing will be held before the Plan Commission on March 6, 2012, and WHEREAS, There is an existing $287,000 bond for site restoration on file with the City, and WHEREAS, A Reclamation Plan was approved by the Plan Commission on August 20, 2002 as per Resolution #P.C. 113-2002, and WHEREAS, Per the conditional use, the petitioner will self -regulate the monitoring of trucking and provide neighbors with information of contact personnel to resolve potential disputes, and WHEREAS, This site is classified as an existing mine as defined by Chapter 38 of the Muskego Municipal Code and NR135 of the State of Wisconsin Natural Resources Code, and as such received an automatic permit for operation from the Wisconsin DNR. THEREFORE BE IT RESOLVED, That the Plan Commission of the City of Muskego does hereby approve the renewal of the extraction permit for the Conditional Use Grant #37 and the approval for the renewal of the permit for continued operation of the asphalt plant on Crowbar Road. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 018-2012 For the meeting of: March 6, 2012 REQUEST: Conditional Use Grant and Building, Site and Operation Plan — Auto Sales Tax Key No. 2221.016 / S81 W 18510 Gemini Drive NW '/4 of Section 16 PETITIONER: David Iglewski — Midwest Auto Doctor LLC INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 018-2012 The petitioner is requesting a Conditional Use Grant (CUG) and Building Site and Operation Plan (BSO) approval for auto sales at their existing business located on Gemini Drive within an existing multi -tenant building. The submittal includes a narrative. The public hearing for this item is being held in front of the Plan Commission on March 6, 2012. All auto sale establishments also require a permit/license through the State. This license will need to be approved before the CUG could be signed and recorded by the City. All of these items must occur before auto sales can take place on the property. PLAN CONSISTENCY PC 018-2012 (Comprehensive Plan: The 2020 Plan depicts the area for Industrial Uses. The proposal is consistent with the Plan. Zoning: rThaeuproperty is zoned M-2 — General Industrial District. The allowance to sales requires a Conditional Use Grant. Parks and Conservation Plan: The 2011 Plan does not depict any Park and/or Conservation areas on this site. The proposal is consistent with the Plan. Street System Plan: Not applicable at this time. Adopted 208 Sanitary Sewer The lot is served by municipal sewer. The proposal is consistent with Service Area: the Plan. Water Capacity Assessment The lot is serviced by municipal water. District: Stormwater Management Plan: applicable at this time. DISCUSSION PC 018-2012 The petitioner is requesting to be allowed up to five (5) vehicles for sale at a time on their property. All sale vehicles will be stored indoors or screened from view within the rear fenced area of this property. No sale vehicle or vehicles waiting to be offered for sale can be parked/stored in front of the building or anywhere visible to the public outdoors. Customer parking is provided in front and to the side of the business in the existing parking lot. The following conditions are listed in the resolution: BE IT FURTHER RESOLVED, That the following items are conditions of approval: 1. No more than five (5) vehicles can be for sale on the property at any one time. 2. All sale vehicles must be stored indoors or screened from public view within the rear fenced area. 3. No junk vehicles can be parked anywhere on site at anytime. BE IT FURTHER RESOLVED, That any signage, temporary or permanent, will require a separate sign permit. BE IT FURTHER RESOLVED, That no outside building or site changes are approved at this time. BE IT FURTHER RESOLVED, That additional vehicles for sale (beyond five) or any visible outdoor sales will require a Conditional Use Grant amendment through the Plan Commission. BE IT FURTHER RESOLVED, That an annual review will be required to take place in March of each year to ensure compliance. Staff recommends approval based upon the conditions listed above and in the resolution. STAFF RECOMMENDATION PC 018-2012 Approval of Resolution PC 018-2012 Resolution #PC 018-2012 LEGEND Agenda Item(s) Property ■ I Zoning Districts Right-of-way Hydrography Aerial Photo Date: April 2010 Prepared by City of Muskego Ifsk rw Planning Department 1 L .7 lIL_. 2/23/2012 Supplemental Map Petitioner: Community Development Dept. S81 W18510 Gemini Drive RESOLUTION #PC 018-2012 APPROVAL OF A CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR AUTO SALES FOR MIDWEST AUTO DOCTOR LLC LOCATED IN THE NW/4 OF SECTION 16 (S81 W18510 GEMINI DRIVE / TAX KEY NO. 2221.016) WHEREAS, A petition was received on February 1, 2012 for a Conditional Use Grant and Building Site and Operation Plan for auto sales at an existing auto repair shop within an existing multi -tenant building located on the Richard Duranso property at S81 W 18510 Gemini Drive (Tax Key No. 2221.016), and WHEREAS, The property is zoned M-2, General Industrial District, and the auto sales use requires a Conditional Use Grant (CUG) that must receive approval through the Plan Commission, and WHEREAS, A Public Hearing was held on March 6, 2012 in front of the Plan Commission for the proposed use, and WHEREAS, All auto sales also require a permit/license through the State, and WHEREAS, The property currently contains a multi -tenant building with parking in the front and fenced storage in the rear, and WHEREAS, The petitioner is proposing to offer no more than five (5) cars for sale at any one time, and WHEREAS, All sale vehicles will be stored indoors or screened from view within the rear fenced area of this property, and WHEREAS, No sale vehicle or vehicles waiting to be offered for sale can be parked/stored in front of the building or anywhere visible to the public outdoors, and WHEREAS, Customer parking is provided in front and to the side of the business in the existing parking lot. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building Site and Operation Plan for auto sales on the Richard Duranso property at S81 W 18510 Gemini Drive (Tax Key No. 2221.016). BE IT FURTHER RESOLVED, That all required permits/licenses through the State must be provided to the City before the Conditional Use Grant can be recorded and before the use can legally be allowed and all required permits/licenses must stay current and active. BE IT FURTHER RESOLVED, That at the discretion of the Planning Department, the operations subject to this Conditional Use Grant may be subject to further review or re -review by the Plan Commission if the property and/or the uses do not remain is accordance with the grounds of this approval, and any future operations which are deemed to be inconsistent with this approving resolution may be subject to further conditions by the Plan Commission and possible revocation of the Conditional Use Grant. BE IT FURTHER RESOLVED, That the following items are conditions of approval: 1. No more than five (5) vehicles can be for sale on the property at any one time. 2. All sale vehicles must be stored indoors or screened from public view within the rear fenced area. 3. No junk vehicles can be parked anywhere on site at anytime. BE IT FURTHER RESOLVED, That any signage, temporary or permanent, will require a separate sign permit. BE IT FURTHER RESOLVED, That no outside building or site changes are approved at this time. BE IT FURTHER RESOLVED, That additional vehicles for sale (beyond five) or any visible outdoor sales will require a Conditional Use Grant amendment through the Plan Commission. BE IT FURTHER RESOLVED, That an annual review will be required to take place in March of each year to ensure compliance. 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 6, 2012 ATTEST: Kellie McMullen, Recording Secretary Midwest Auto Doctor LLC What I would like to do is have a small auto dealer. At this time I only do auto repair. I would like to have about four to five cars for sale at one time Cars for sale will be stored inside at night. Only storage of cars not for sale yet will be stored inside or along the back fence the same as we do with customer's cars already. THERE WILL BE NO JUNK CARS BEING PARKED ANYWERE. Parking for customers coming to see the cars will be located in front or along the side of the building same as before. No changes will be made to the out side of the building or of the landscaping. Hours of operations will be the same as my auto shop 9:00am to 5:00pm Monday -- Friday and Saturday 9:00am to 1:00pm, closed Sunday. ank you, David Igle ski Owner of Midwest Auto Doctor LLC City of Muskego Plan Commission Supplement PC 021-2012 For the meeting of. March 6, 2012 REQUEST: Approval of a Temporary Amendment to a BSO to Permit Seasonal Outdoor Garden Center S68 W15388 Janesville Road / Tax Key No. 2167.995.008 SW '/4 of Section 2 PETITIONER: Stein Just Plants INTRODUCED: March 6, 2012 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 021-2012 The petitioner is proposing a temporary greenhouse structure for the sale of plants and plating supplies for 2012 and 2013. This temporary garden center is proposed within the Kohl's parking lot. A 24' x 40' greenhouse is proposed with an additional 1,920 sq. ft. of display space adjacent to the greenhouse. The display area will consist of a combination of PolyTex metal benching and/or plastic tables. The garden center will take up approximately 14- 16 parking spaces and a picket style fence will enclose the display area. The checkout area is proposed to be located within a 6' x 8' shed located by the entry to the garden center. Signage has been indicated as two 24" x 48" signs on the sides of the greenhouse, one 48" x 96" sign on the rear of the cashier stand, four banner signs in the planters with the Stein Just Plants logo, one wind sign providing store hours, one 24" x 32" promotional sign, and product signage consisting of 8'/2" x 11" card signs in the greenhouse display and display area outside of the greenhouse. Operations are proposed from approx. April 30t" — July 6t" for 2012 and 2013, 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 and the use of the Kohl's restroom facilities is being worked out with the property owner. If this cannot be worked out, a portable toilet will be required on site. DISCUSSION PC 021-2012 The proposal is consistent with operations of other vendors in Muskego. This use was located on this same site last year and there were no problems with the use. A transient merchant license must be obtained from the City Clerk's Office and an electrical permit and inspection will be required by the Building Inspection Department for the electricity hookup. Also, any water connections will need to be worked out with the Utilities Department. STAFF RECOMMENDATION PC 021-2012 Approval of Resolution #PC 021-2012 RESOLUTION #P.C. 021-2012 APPROVAL FOR THE SALE OF PLANTS AND FLOWERS FOR STEIN JUST PLANTS AT THE KOHL'S PROPERTY LOCATED IN THE SW '/ OF SECTION 2 (S68 W15388 JANESVILLE ROAD / TAX KEY NO. 2167.995.008) WHEREAS, A request has been submitted by Stein Just Plants to locate a temporary greenhouse with signs advertising the sale of plants in the parking lot of the Kohl's property located at S68 W15388 Janesville Road, and WHEREAS, The request for outdoor plant sales is for Spring/Summer of 2012 and 2013, and WHEREAS, The greenhouse will be 24' x 40' in size made of translucent reinforced vinyl fabric with color bans on each end, and WHEREAS, There will be approximately 1,920 sq. ft. of additional display space adjacent to the greenhouse, and WHEREAS, The proposed display area would be fenced in with a picket style fence, and WHEREAS, Display benching will consist of a combination of PolyTex metal benching and/or plastic tables, and WHEREAS, The checkout area will be contained within an 6' x 8' shed at the entry to the display area, and WHEREAS, Signage is proposed to be two 24" x 48" signs on the sides of the greenhouse, one 48" x 96" sign on the rear of the cashier stand, four banner signs in the planters with the Stein Just Plants logo, one wind sign providing store hours, one 24" x 32" promotional sign, and product signage consisting of 8'/2" x 11" card signs in the greenhouse display and display area outside of the greenhouse, and WHEREAS, Refuse will be contained within a smaller garbage can that will be located within the fenced area, and WHEREAS, A site plan has been filed for staff review and that proof of sanitary facilities accommodations are being provided, and WHEREAS, An electrical permit and inspection will 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 Clerk's Office. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at the Kohl's parking lot for plant and flower sales for Stein Just Plants subject to the following conditions: Dates of operation approved from approx. April 301h to July 61h for 2012 and 2013, and Hours of operation permitted only from 8 am to 8 pm weekdays and Saturdays and 9 am to 6 pm on Sundays, and A letter of approval from the property owner has been submitted to the Planning Department approving rental space for Stein Just Plants, and Applicable permits must be obtained from the Building Inspection Department prior to any site work on the property, and Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. BE IT FURTHER RESOLVED, That no outdoor storage/display of products, supplies, racks, garbage bins, or materials are allowed outside of the fenced area at any time. BE IT FURTHER RESOLVED, That proof that the restroom facilities at the Kohl's store can be used by employees and customers will need to be provided to the City prior to the garden center being setup. BE IT FURTHER RESOLVED, That if Kohl's does not allow their restroom facilities to be used by Stein's customers and employees, then a portable toilet will be required on site. BE IT FURTHER RESOLVED, That any water connections will need to be worked out with the Utilities Department. BE IT FURTHER RESOLVED, That any small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the Kohl's property, subject to staff approval. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: March 6, 2012 ATTEST: Kellie McMullen, Recording Secretary ''STEiv January 4, 2012 Plan Commission City of Muskego W182 S8200 Racine Ave Muskego, Wl 53150 Stein Gardens & Gifts is looking to operate a Stern Just Plants seasonal flower mart location in the City of Muskego again in the spring of 2012. Stein Gardens & Gifts has secured permission from Kohl's Department Store located at S58 W15388 Janesville Road in Muskego for 2012 to use a portion of the parking lot for our seasonal garden center much the same as in 2011. Our intent is to operate the garden center from the last week of April through the first week of July at this location upon approval by the Muskego Plan Commission. Stein Gardens & Gifts would also like to seek approval for the spring 2013 season at the same location at the Kohl's Department store. The period of operation would be the same for the spring of 2013. the last week of April through the first week of July. The Muskego location was very successful for us in 2011 and with the commission's approval we would like to make plans to return again in 2013. Attached is the Stein Just Plants proposal which includes operational information, specifications, site plans and the plot of survey for both locations. If you are in need of any additional information in advance of the Plan Commission meeting, please do not hesitate to contact me. Sincerely, Jerry Schmitt Stein Gardens & Gifts 5400 S. 27"' Street Milwaukee, WI 53221 414-761-5404 Extension 30025 Fax: 414-761-5420 Email: jerry@steingg.com FCf 7 r 4 2iIjZ KOHL'S January 20, 2012 SENT VIA US MAIL City of Muskego W 182 S820O Racine Avenue Muskego, WI 53150-0749 P.C. Box 749 RE: Declaration of Restrictions and Easements by Kohl's Department Stores, Inc. dated March 6, 2002, as amended (the "Declaration") Kohl's Store #485 — Muskego, WI (the "Shopping Center'D Dear Sir/Madam, Kohl's Approval Committee has reviewer] Stein Gardens and Gifts ("Stein") request to use a portion of the parking lot at S68 W15388 Janesville Road, Muskego, Wl 53150 for a "Just Plants" seasonal garden market. Kohl's has conditionally approved said request contingent upon the parties agreeing to final terms and conditions. As provided last year, Stein's employees may reasonably utilize the restroom facilities, so Iong as such use does not interfere with business operations. Please be advised that this conditional consent shall not be deemed a waiver of any other provision contained in the Declaration for the Shopping Center. This annual temporary use will be reviewed upon request for the 2013 season, provided nothing contained herein shall serve to warrant or represent Kohl's approval without due process. This conditional approval is exclusive to Stein Gardens and Gifts, as it operates a majority of its locations on the date hereof, and does not constitute an approval for any other seasonal use in the Shopping Center, Sincerely, Andre J. Dettro Vice President of Real Estate CORPORATE OFFICES • N56 W17000 RIDGEWOOD DRIVE • MENOMONEE FALLS, WISCONSIN 53051 • (262) 703-7000 Just Stein Gardens Ft Gifts Stein Just Plants Seasonal Garden Center Proposal S68 WI 5388 Janesville Road Muskego, WI 53150 About us Stein's was founded in 1946 by Maurice Stein. His son, Jack Stein, took over the business and through his vision and commitment to the customer built Stein's into one of the leading independent garden centers in the country. Today, with 16 locations throughout Wisconsin, Stein's continues to be owned and operated by the Stein family and remains focused on providing customers with superior products and great service. In 2011 Stein Gardens & Gifts opened its first Stein Just Plants seasonal garden center in Milwaukee at the corner of 76`h and Good Hope Road. In 2011 Stein Gardens & Gifts opened 5 Stein Just Plants seasonal garden centers in Oak Creek, Cedarburg, Pewaukee, Waukesha and Muskego. :Gi�µ�i:,�.:iiii.xYL4.vii,';i;si:.::.•_" .. - �.- 2011 Stein Just Plants - Muskego Proposal - Stein Just Plants 2012 In 2012 Stein Gardens & Gifts is proposing to set up a Stein Just Plants seasonal location in several communities in southeastern Wisconsin including repeating the location in Muskego at the Kohl's Department Store at S68 W15388 Janesville Road. These locations will provide the residents a local garden center in their community as well as attract customers from the nearby communities. In addition Stein Gardens & Gifts is scheduling direct maIlIngs in the area of each Stein Just Plants location to further attract customers to Stein Just Plants and the local community. The Stein Just Plants seasonal location will consist of a 24' x 40' GardenPort greenhouse (960 sq. ft.) and approx. 1920 sq. ft. of additional display space adjacent to the greenhouse. This total of 2880 sq, ft. of seasonal garden center will take up approximately 14-16 parking spaces. The proposed display area would be fenced in with a picket style fence. Display benching will consist of a combination of Poly -Tex metal benching and/or plastic tables. The 'checkout' area will consist of a small 'shed' which will house and protect our POS and communication equipment from the elements. For the Muskego location, the two adjacent parking stalls between the primary area the landscape island will also be fenced to provide a small storage space for additional bagged soils & plant material as needed. The Stein Just Plants locations will stock exciusively plant material (annuals, perennials and vegetable plants) along with only a handful of gardening accessories. (soils, fertilizer and hand tools). None of the giftware, home d6cor or outdoor living merchandise traditionally available at Stein Gardens & Gifu will be available at the Stein Just Plants locations. For 2012 the locations being considered are: * Muskego ■ Oak Creek • Kenosha ■ Milwaukee • Cedarburg • Racine ■ Wauwatosa • Waukesha * Franklin * Shorewood Advertising — Direct Mail Spring 2011 Example: Just 4 tOR4UO is PI_Aw-isA;zzP1vimc, D/Aic.Y! �_-��.�Rants GRAND OPENING �, .. 5 co"Venicns locations: •Oak CrK-k •Cc,d, eburrj •VNavxc•si-:: •Per aukre •ftAuskego F1T-rc�di'5:�:: `..... ..c �k � �!•:�'.�i��'3� �ll:i��i:.�S�T. tat $uC,eraV%L"pxs or 17.44.por {Eat +.„�..•, $+l planSapu ReQ. i.La fA'Wu .• ... r�hs� I..w 'niopw . „`PCYEWrilftlS ` I ! AiAaugRL AAGiQ = 1 G?.e+lv..,�`VVC.:4: r1•.9nS I 1 — f•ftri7 pta Nk r I 1 1 r i r r r 11 1.77 1 + FREE FREE i 1 1 --E - - - ` aa. ergs, .` riwaoa,a Pena.lre�' _ _ - •xd[c�c,�nr�rx $err Yr.• r>µ:. r� S,n tIF d5.f•,. h-e,r .r. ,... ��,. -- . _ - '�iv,inyn LederBury ' :4�kfr:. L $s:, Cf.xf, • i PJ.: 5G6 Wfi3"s5 !xwa.:.•Rnad t:LV 1Ll jar YlF sr�n :w� $y, i LIrLm, 7FA! 'r-r.':i;4'µc9r-<M $�+•� Ya •:7 [�.' 'Y7.-,�� rn kd. h li�•.,,e' A.E • Direct mail advertising is planned for 2012 and will be mailed to residents within a 5 mile radius of each Stein Just Plants location. 24" Wide GardenPort Greenhouse by WeatherPort Dimensions. 24'x4O' Arch Spacing. 5' arch spacing Height: 11' - 4.5" Door Height 8' W x 8' H, with 1.163" roll -up bars Frame Galvanized Steel Frame Base: 2" Sq. tubing (no base in door openings) Arch: 2" Sq. tubing Spacers: 4 rows, 1.163" round tubing, slip Ft Anchoring System ■ 112" x 18" spikes for earth or asphalt Cover/Curtain Fabric Cover is 14 oz. translucent reinforced vinyl Fabric, with color band on each end. Ends are 14 oz. translucent reinforced vinyl fabric Standard Features ■ Standard Gable Frame ■ Translucent Vinyl Cover and Ends • Full length Strip Vent, Both Sides • 2 Roll -up Yard Doors • Specified anchoring System ■ Color Highlights • Peak End Vents Full Specifications Available Upon Request Plastic Tables Poly -Tex Metal Benching Additional Information Proposed Period of Operation • Monday April 30"'through Friday July 6th (approximately) Setup and Take Down • Approximately 12-16 hours for set up and 12-16 hours for take down, • Display area to be restored to existing condition including any patching of holes needed to anchor the greenhouse. Proposed Hours of Operation Weekdays 8 am to 8 pm Saturdays 8 am to 8 pm • Sundays 9 am to 6 pm Staffing • Stein Gardens & Gifts seeks to employ local residents, avid neighborhood gardeners & retirees • 2 to 3 employees on site at all times during business hours • 12-15 total employees Product Selection • Annual flowers • Flowering hanging baskets • Pre -planted containers • Vegetabie Plants • Perennials ■ Planting Mixes • Garden Fertilizers • Miscellaneous gardening accessories (gloves, hand tools) Deliveries Product will be delivered to the Stern Just Plants location during normal business hours by tractor/trailer as well as by straight trucks equipped with lift gates — dropping off carts of product. Carts would be removed from the property on a regular basis After hours deliveries only if permitted by the local ordinances. Utility Requirements Stein Just Plants does require both electricity and water for its operation. • Electrical o Two PDS (Point of Sale) registers o Communication equipment (router/switch/cellular transmitter) o Maximum 15 amp 110 volt circuit. o Electrical needs during the business day only — not 24 hours per day. ❑ Source to be determined. Presently working with the property owner to secure permission to install an electrical service from WE Energies or provide electrical service from an onsite electrical generator as was used in 2011. Water ❑ Minimum requirements would be a single faucet connection. ❑ Product hand watered during the course of the business day as needed using hoses (stored on hose reels) and water wands. No automatic watering equipment will be necessary. ❑ Source to be determined, but most likely will be the same connection to the adjacent fire hydrant as in 2011. Security All monies would be removed from the site daily and taken off premise with no overnight storage of cash. PDS equipment would be locked in an outdoor booth along with any 'product' that needs to be protected in the event of inclement weather. Trash Disposal A small trash container will be available for staff to dispose of debris and it will be emptied as needed. Recycling In 2010 Stern Gardens & Gifts initiated its 'Let's Recycle Together' program and recycled over 45,000 pounds of plastic in 2010. Recyclable plastics will be returned to one of the 16 Stein store locations for recycling. 2011 numbers are not yet available. Restrooms When permitted by the property owner, staff would have access t❑ the restroom faciIitles available on the property, Signage Stern Just Plants signs would consist of (depending on local zoning code): 2 - 24" x 48" signs located directly on the sides of the greenhouse (1 each side) • 1 — 48" x 96" sign located on the rear of the cashier stand 4— Banners signs in the planters with the Stein Just Plants logo Product signage will consist of 8 %" x 11" card signs both in the greenhouse display and the display area immediately outside of the greenhouse as well as 1 - WindSign providing customer store hours and 1 promotional sign 24" x 32" in size. f " t lnri) PGis �o�3rmL1 p:erriiuin �leirloom i !wri ii:r� �r:•�n 141- inr�.� Cnl1:r ^r.�•. 31$40 1 31$650 Ilnrk Graen'licd �':r� 31$00 jOr . '2a i s 29 I Qr i � Or $2.4 Example — interior Product Signage WindSign 11 Site Plans • -•G.. rye k.:nar � ' �rn.5;yJ•i ,.�r• � r. t i ;iai�iirL�' �• � 9fi"$ r 40'-0" Orden Pad GMOnhuma 2d' x 40' Storage Island Cashier Stand F-0' 81-0.