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PLAN COMMISSION Packets 05062025CITY OF MUSKEGO PLAN COMMISSION AGENDA 05/06/2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES Approval of the Minutes from the April 2, 2025 Meeting. Plan Commission Minutes 20250402.pdf PUBLIC HEARING be C21 of SKEGO Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance for the purpose of allowing veterinary service within their recently approved retail store to be located on the vacant property between Aurora Health and Dollar Tree / Tax Key No. 2167.995.128. PH2O250506_TractorSupplyCUG.pdf CONSENT BUSINESS RESOLUTION PC 022-2025 Approval of a Certified Survey Map for Tractor Supply located on vacant land between Aurora Health and Dollar Tree / Tax Key No. 2167.995.128. PC 022-2025 SUPPLEMENT.pdf PC 022-2025 MAP.pdf PC 022-2025 RESOLUTION.pdf PC 022-2025 SUBMITTAL.pdf RESOLUTION PC 024-2025 Approval of the sale of Fireworks for Freedom Fireworks, LLC. at the Muskego Centre located at W189 S7761 Racine Avenue / Tax Key No. 2192.971. PC 024-2025 SUPPLEMENT.pdf PC 024-2025 MAP.pdf PC 024-2025 RESOLUTION.pdf PC 024-2025 SUBMITTAL.pdf OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 023-2025 Approval of a Conditional Use Grant for the new Tractor Supply to be located on vacant land between Aurora Health and Dollar Tree / Tax Key No. 2167.995.128. PC 023-2025 SUPPLEMENT.pdf PC 023-2025 MAP.pdf PC 023-2025 RESOLUTION.pdf PC 023-2025 SUBMITTAL.pdf RESOLUTION PC 025-2025 Approval of a Policy addressing Signage for Legal Non -Conforming Commercial Uses. PC 025-2025 SUPPLEMENT.pdf PC 025-2025 RESOLUTION.pdf 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 CITY HALL, (262) 679-4100. K UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 04/02/2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL C4 Of USKEGO %/Y Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Cieslak, Graf and Oliver and Planner Trzebiatowski. Absent: Commissioner Buckmaster. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the minutes from the March 4, 2025 Plan Commission Meeting. Alderman Kubacki made a motion to approve the March 4, 2025 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. PUBLIC HEARING Mayor Petfalski opened the Public Hearings at 6:02 PM Public Hearing for a renewal of Conditional Use Grant 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 1/4 and SE 1/4 of Section 13 (Tax Key No. 2230.996 / W217 S8425 Crowbar Road). Planner Trzebiatowski explained this is the annual review for Payne & Dolan. The site is in compliance with all approvals. Bryanna Bucholtz of Payne & Dolan, stated that they did not receive any complaints last year. Last year the City was notified of night work (1-894 project) but everything was handled at the Waukesha plant with the Muskego plant as backup. Plans are possibly doing the same this year for some night work. If night work is needed all notifications will be provided ahead of time. Mayor Petfalski closed the Payne & Dolan Public Hearing. 3 Public Hearing for a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the purpose of allowing auto sales and auto service in an existing multi -tenant building located in the Muskego Business Park located at S83 W18346 Saturn Drive / Tax Key No. 2223.001. Planner Trzebiatowski noted that this is for MKE Motorcars, which is a new auto sales and service establishment subleasing from an existing auto use. The petitioner will be using areas already identified for parking cars. Mayor Petfalski closed the MKE Motorcars Public Hearing. Public Hearing for a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the purpose of allowing auto sales and auto service in an existing multi -tenant building located in the Muskego Business Park located at W184 S8365 Challenger Drive / Tax Key No. 2223.994.004. Planner Trzebiatowski noted that this is for Werks Autosport, which has been in the location already. This approval will also add minimal car sales. Mayor Petfalski closed the MKE Motorcars Public Hearing. CONSENT BUSINESS RESOLUTION PC 015-2025 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 and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996. RESOLUTION PC 019-2025 Approval of a Temporary Outdoor Garden Center located for Kurt Holtz at Elliot's ACE Hardware located at S64 W15732 Commerce Center Parkway / Tax Key No. 2169.999.007. RESOLUTION PC 020-2025 Approval of a Temporary Outdoor Garden Center for Paul's Petal Pushers at Piggly Wiggly located at W189 S7847 Racine Avenue / Tax Key No. 2192.973. Alderman Kubacki made a motion to approve Consent Business engross. Commissioner Graf seconded. Motion to approve passed unanimously. OLD BUSINESS FOR CONSIDERATION RESOLUTION PC 010-2025 Approval of a one-time review for Fleet Farm located at W195 S6460 Racine Avenue / Tax Key No. 2177.996. Planner Trzebiatowski explained that this was supposed to be a one-time review for Fleet Farm. Everything that was a concern at the March 3, 2025 Plan Commission meeting has been addressed. The Resolution should be amended to add that everything is now in compliance. Additionally, the Plan Commission should discuss whether there should be any additional reviews as the Resolution is drafted to end yearly reviews with this approval. Alderman Kubacki asked if this was an annual review. Planner Trzebiatowski noted that it was meant to be a one-time review after they were open for about a year. Alderman Kubacki asked what the non-compliance issues. Planner Trzebiatowski noted the storage and pallets in the back of the store, the sales displays between gas pumps and the ice machine that did not match the building. 4 Commissioner Graf asked if there were any complaints made over the first year. Planner Trzebiatowski said there was none. Commissioner Cieslak said he didn't think adding an annual review isn't a bad thing to keep everything in line. At the March 3, 2025 meeting, Commissioner Graf made a motion to approve Resolution PC 010-2025. Commissioner Bartlett seconded. Commissioner Bartlett made a motion to defer Resolution PC 010-2025 for one month. Commissioner Graf seconded. Motion to defer Resolution PC 010-2025 passed unanimously. The petition was deferred for one month. Commissioner Graf made a motion to approve Resolution PC 010-2025. Commissioner Oliver seconded. Alderman Kubacki made a motion to amend Resolution PC 010-2025 to add that Fleet Farm is now in compliance. Commissioner Graf seconded. Motion to amend Resolution 010-2025 passed unanimously. Motion to approve Amended Resolution PC 010-2025 passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 016-2025 Recommendation to Common Council to amend the Zoning Map and 2020 Comprehensive Plan for the City of Muskego for three (3) vacant lots for Daryl Borchardt of the Oakridge Glen Subdivision located along Hackberry Hill Court / Tax Key Nos. 2172.070, 2172.076 and 2172.077. Planner Trzebiatowski explained that this request pertains to the very east side of the Oak Ridge Subdivision that was created for multi -family area adjacent to the Basse Farm to the east. Last year there was a petition and subsequent approval to rezone two lots in the area and now this petition is for three more lots to be rezoned from multi -family to single-family uses. These areas are adjacent to existing single-family lots. Commissioner Bartlett asked if there are any more lots that remain multi -family. Planner Trzebiatowski said there were nine more multi -family lots. Mayor Petfalski noted that the original goal of the Common Council was that the residential side would come through prior to the businesses and so the multi -family uses were a buffer between the single-family and businesses. Commissioner Bartlett said that there is still future development that could happen in the field, and he could see some screening being addressed with that future development. Commissioner Graf made a motion to approve Resolution PC 016-2025. Commissioner Bartlett seconded. Motion to approve Resolution PC 016-2025 passed unanimously. RESOLUTION PC 017-2025 Approval of a Conditional Use Grant (CUG) and Building, Site and Operation Plan Amendment for MKE Motor Cars located at S83 W18346 Saturn Drive / Tax Key No. 2223.001. Planner Trzebiatowski explained this petition is in a multi -tenant building that will be subleased from Blue Line Auto. There will be two spaces in front for vehicle sales, employee parking in the back, interior space for a showroom and three spaces identified in the back for service staging. Alderman Kubacki made a motion to approve Resolution PC 017-2025. Commissioner Oliver seconded. Motion to approve Resolution PC 017-2025 passed unanimously. RESOLUTION PC 018-2025 Approval of a Conditional Use Grant (CUG) and Building, Site and Operation Plan Amendment for Werks Autosport located at W184 S8365 Challenger Drive / Tax Key No. 2223.994.004. Planner Trzebiatowski explained this space has housed auto uses previously and due to code interpretation change the petitioner is coming in to help clean things up and adding a few spaces for vehicle sales. 4i Alderman Kubacki made a motion to approve Resolution PC 018-2025. Commissioner Bartlett seconded. Motion to approve Resolution PC 018-2025 passed unanimously. RESOLUTION PC 021-2025 Approval of a Metal Accessory Structure for Daniel Chaltry of Everlast Structures on behalf of Ed Herda located at W145 S9685 Groveway Lane / Tax Key No. 2261.980. Planner Trzebiatowski describe the new accessory structure on the site with metal exterior materials. It is located at the southern dead-end of Groveway Lane bordered to the west by the lake, toward the south is weltand, lowland and forest along with a house across the street and a neighbor to the north with a tree separation. The building will be back behind the home. There is some character to the building with the overhang in front by the service door. One item to note is that there is an existing shed that was going to be taken down, but the petitioner would like to keep it and it fits within the allowable square footage of accessory structures. One of the conditions is to have a survey completed as this is right to the extent of the offsets so the building is constructed in the proper location. No business activities are allowed similar to all other accessory structures. Alderman Kubacki confirmed that the building will be 275 feet from Groveway Lane. Commissioner Bartlett just wanted to clarify that the waiver to exterior materials is due to it being far off the road, not very visible, highly screened, behind the existing house, etc. Commissioner Cieslak noted that it says the building will be removed. Planner Trzebiatowski noted that with the second building it is within the size allowance. Planner Trzebiatowski also noted that they may move the building towards the house just a few feet, which will be reviewed during permitting. Commissioner Graf made a motion to approve Resolution PC 021-2025. Commissioner Bartlett seconded. Motion to approve Resolution PC 021-2025 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Graf made a motion to adjourn. Commissioner Oliver seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, May 6, 2025, at Muskego City Hall, W182 S8200 Racine Avenue, to consider the following: r Upon the petition of Will Polisky of CMK Development LLC on behalf of Tractor Supply Company shall the ■ following property known as: Tax Key No. 2167.995.128 / Janesville Road (Vacant) O Be granted a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the their O purpose of allowing veterinary service within recently approved retail store. The petitioner's application is available for public inspection at the City of Muskego Planning Division. All interested parties will be given an opportunity to be heard. a Plan Commission City of Muskego Publish in the Waukesha Freeman Newspaper on April 16, 2025 and April 23, 2025. �a Dated this 91h day of April, 2025. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL zz Jar es BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING AND GATHER < INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVESTATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS t0`r NOTICE. NOTICE "Please note that, 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 the Planning wr Division at City Hall, W182 S8200 Racine Avenue. (262) 679-4136." Legend w ❑ Parcels selection ; ® Properties within 300 ft L �� I: Municipal Boundary ; a ! 0 Right -of -Way Parcels ' Structures A f Lake 0 350 700 1,400 Feet ; Scale: i i i Ab City of Muskego Plan Commission Supplement PC 022-2025 For the meeting of. May 6, 2025 REQUEST: Two (2) Lot Land Division - Certified Survey Map for Tractor Supply Tax Key No. 2167.995.128 / Janesville Road SW '/4 of Section 2 PETITIONER: Luke Curfman of CMK Properties, LLC. on behalf of Tractor Supply INTRODUCED: May 6, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 022-2025 A submittal was received from Luke Curfman of CMK Properties, LLC. to split off a lot that will be used for the new Tractor Supply retail store between Aurora Health and Dollar Tree. A Building, Site and Operation Plan was approved for the Tractor Supply via Resolution PC 039-2024. CONSISTENCY WITH ADOPTED PLANS 022-2025 Comprehensive Plan: The 2020 Plan depicts the property for commercial uses. The petition is consistent with the Plan. ,Zoning: The property is zoned PD-34 as part of the original Dreamland Planned Development and is under the auspices of the B-3 General Business District. The use is permitted subject to BSO approval. Parks and Conservation Plan: 2017-2021 Plan does not depict any park area on this property or rsignificant conservation areas. The proposal is consistent with the . Street System Plan: All required right-of-way has been dedicated as part of prior CSM's. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer The lots are served by the municipal sewer system. The proposal is Service Area: 1consistent with the plan. Water Capacity Assessment The lots are served by the municipal water system. The proposal is District: 1consistent with the plan. Stormwater Management The Engineering Department will review all stormwater plans when any Plan: development is proposed. STAFF DISCUSSION PC 022-2025 As stated above, the petitioner requests approval of a Certified Survey Map to divide the existing parcel into two separate lots. Lot 1 will include the internal roadway, retention pond and utility area adjacent to the Moorland Road entry drive. Lot 2 will be for the new Tractor Supply retail store between the Aurora Health and Dollar Tree buildings and associated parking. The new lot for the future Tractor Supply store will be 179,763 square feet, or approximately 4.12 acres in size. Lot 1 will be 154,850 square feet, or approximately 3.55 acres. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded The Planned Development (PD) zoning district that is present allows maximum flexibility for land divisions subject to City approval, such as allowing zero offsets. The CSM appears to meet the bulk requirements of the code and the PD. Staff recommends approval subject to meeting all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 022-2025 Approval of Resolution PC 022-2025. 9 RESOLUTION #PC 022-2025 Supplemental Map see �7,� �! 1 r. -0 At S _ Oho ..r' 7�F`} A�'`. •. ..� fi �'� I Tractor Supply Vacant / Janeville Road Q Agenda Item(s) Right -of -Way Properties _ C4 of 0 150 300 Feet SKEGO () I w Prepared by City of Muskego Planning Department RESOLUTION #P.C. 022-2025 APPROVAL OF A CERTIFIED SURVEY MAP FOR TRACTOR SUPPLY COMPANY LOCATED IN THE SW'/OF SECTION 2 (TAX KEY 2167.995.128 / MOORLAND ROAD) WHEREAS, A Certified Survey Map was submitted by Luke Curfman of CMK Properties, LLC. on behalf of Tractor Supply located in the SW'/4 of Section 2 (2167.995.128), and WHEREAS, The petitioner is seeking approval to split off a lot that will be used for the new Tractor Supply retail store between Aurora Health and Dollar Tree via Certified Survey Map, and WHEREAS, A Building, Site and Operation Plan was approved for the Tractor Supply via Resolution PC 039-2024, and WHEREAS, The proposed lots are 179,763 square feet (approx. 4.12 acres) and 154,850 square feet (3.55 acres), and WHEREAS, Said property is currently zoned PD-34 Dreamland Planned Development, which allows maximum flexibility for land divisions subject to City approval, such as allowing zero offsets, and WHEREAS, The 2020 Plan depicts the area for Commercial uses and the proposal is consistent with the plan, and WHEREAS, All lots are served by municipal sewer and water, and WHEREAS, A technical review is in process and review comments are pending. THEREFORE BE IT RESOLVED, That the Plan Commission approves the Certified Survey Map submitted by Luke Curfman of CMK Properties, LLC. on behalf of Tractor Supply located SW '/ of Section 2 (2167.995.128), subject to technical corrections as identified by the City Engineers and Planners and payment of all applicable fees and outstanding assessments, if applicable. BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: May 6, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 11 CERTIFIED SURVEY MAP NO. A redivision of Lot 2, Certified Survey Map No. 11931, being part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 2, and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. Owner: P.O.C. Boulder Venture 28 LLC CONC. MON. WITH BRASS CAP NW 311 E Chicago St. STE 210 o COR. OF SW 1/4 SEC. 2, T5N, R20E. Milwaukee, WI 53202 LEGEND: I� O — Denotes — Denotes X — Denotes — Denotes Found 1" Iron Pipe Found 3/4" Iron Rebor Found Chiseled Cross Found Mog Nail (R) — Denotes "Recorded As LLu — No Vehicular Access. SC NSA%,,,*56 - •ALLEN . J.* •�;r SCHNEIDER _ 31 Z \ - S-2194 - y = GREEN CONC. MON. WITH BRASS CAP SW COR. OF SW 1/4 SEC. 2, T5N, R20E. UV W' 2) S8556 49 W LOT 1 C.S.M. N0. 11096 VICINITY MAP SE 1/4 T5N SW 1/4 SEC. 3 R20E SEC. 2 F SITE NE114 NWl/4� I SE1/4 SW1141 fi I _1"=2000' P_ARC_LE2_ A. NO.9335 i Graphic Scale 0 150 300 1" = 150' Line and Curve Table on Sheet 2 of 9 AO&T All bearings are referenced to the Wisconsin State Plane Coordinate CH System, South -zone (NAD83/2011) in which the West line of the SW 1/4, Sec. 2 bears S00°34'59"E. Date: January 24, 2025 LAND 0 SURVEYS This instrument was drafted by Allen J. Schneider Survey No. 5778.00A-lpm 234 W. Florida Street 414-224-8068 Professional Land Surveyor S-2194 Sheet 1 of 9 Sheets Milwaukee, WI 53204 www.chaputlandsurveys.com 12 CERTIFIED SURVEY MAP NO. A redivision of Lot 2, Certified Survey Map No. 11931, being part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 2, and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. 1. 30' UTILITY EASEMENT PER C.S.M. NO. 9335 2. CROSS ACCESS EASEMENT PER C.S.M. NO. 9335 (SHADED) 3. 20' SANITARY SEWER EASEMENT PER C.S.M. NO 9335 AND CORRECTION DOC. NO. 3068756 4. ACCESS EASEMENT PER C.S.M. NO. 9335 AND DOC. NO. 4039696 (HATCHED) I ALLEJ. N * SCHNEIDER S-2194 __ GREENF CHA T LAND 11 SURVEYS 234 W. Florida Street 414-224-8068 Milwaukee, WI 53204 www.chaputlandsurveys.com Graphic Scale 0 150 300 1" = 150' Date: January 24, 2025 This instrument was drafted by Allen J. Schneider Survey No. 5778.00A-Ipm Professional Land Surveyor S-2194 Sheet 3 of 9 Sheets 13 CERTIFIED SURVEY MAP NO. A redivision of Lot 2, Certified Survey Map No. 11931, being part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 2, and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. 5. 20' UTILITY EASEMENT PER C.S.M. NO 9335 AND CORRECTION DOC. NO. 3068756 6. 20' WATERMAIN EASEMENT PER C.S.M. NO 9335 AND CORRECTION DOC. NO. 3068756 7. 20' SANITARY SEWER EASEMENT PER DOC. NO. 4039696 8. STORMWATER DETENTION POND EASEMENT FOR THE BENEFIT OF PARCELS 1, 2, 3 & 4 OF C.S.M. NO 9335 PER C.S.M. 9335 `%%%%II I I I I t,,/// \ ALLEJ. N SCHNEIDER S-2194 __ GREENF CHA T a Graphic Scale 0 150 300 1" = 150' LAND SURVEYS This instrument was drafted by Allen J. Schneider 234 W. Florida5treet 414-224-8068 Professional Land Surveyor S-2194 Milwaukee, WI 53204 www.chaputlandsuweys.com Date: January 24, 2025 Survey No. 5778.00A-Ipm Sheet 4 of 9 Sheets 14 CERTIFIED SURVEY MAP NO. A redivision of Lot 2, Certified Survey Map No. 11931, being part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 2, and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. 1VINAIIF_1 ill I1LIFe1►101a0:14MIT/1111ffQ0W1*.W-'VVY.l a0:119:10:1100 g.]►1 Will 9. WETLANDS (DELINEATED BY THOMPSON & ASSOCIATES OCTOBER 3RD, 2006) PER C.S.M. NO. 10932 10. 12' WEPCO UTILITY EASEMENT PER DOC. NO. 3893342 11. 15' WEPCO UTILITY EASEMENT PER DOC. NO. 4032016 & 4032017 12. PERMANENT SANITARY SEWER AND LIFT STATION EASEMENT PER DOC. NO. 3586353 13. PERMANENT FORCE MAIN EASEMENT PER DOC. NO. 3586353 \ ALLEJ. N SCHNEIDER S-2194 __ GREENF CHA T LAND �I SURVEYS This instrument was drafted by Allen J. Schneider 234 W. Florida Street 414-224-8068 Professional Land Surveyor 5-2194 Milwaukee, WI 53204 www.chaputlandsurveys.com EXISTING BUILDING ✓V Graphic Scale 0 150 300 1" = 150' Date: January 24, 2025 Survey No. 5778.00A-Ipm Sheet 5 of 9 Sheets 15 City of Muskego Plan Commission Supplement PC 024-2025 For the meeting of. May 6, 2025 REQUEST: Approval of the Temporary Sale of Fireworks in the Muskego Centre parking lot W189 S7819-39 Racine Avenue / Tax Key No. 2192.971 SE '/4 of Section 8 PETITIONER: Dustin Hein, Freedom Fireworks, LLC. INTRODUCED: May 6, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 024-2025 Petitioner proposes to operate a temporary fireworks sales stand within the existing parking stall area on the east side of the property along Racine Avenue. A 30' x 60' tent will be erected for product display and retail sales along with two 8' x 20' metal storage containers immediately adjacent to the tent for all storage. A safety barrier will be in place to separate the patrons from vehicles in the drive aisles. Signage has been indicated as two 3' x 20' temporary banners secured to the containers. Operations are proposed from June 21st, 2025 to July 7th, 2025 from 9:00 am to 9:00 pm daily. The property will be canvased daily for trash and debris. Permission has been received from the property owner to use the site and the restroom facilities. DISCUSSION PC 024-2025 The proposal is consistent with the operations of other vendors in Muskego and essentially the same as last year at this location. As allowed with other firework sales locations, the storage containers may be on site. There have been no problems with the storage containers in years past when the applicant operated in the Pop's MarketPlace, Piggly Wiggly or the Pick n Save parking lots. At some times in the past the signage that has been placed on/around the site has been much more than approved and the only signage allowed if the specific signage noted in the application. This means that yard signs and other banners (other than those specifically approved) are not allowed on or around the site. A transient merchant license must be obtained from the City Clerk's Office. All tents and storage must be located within parking stalls and no drive aisles can be blocked anywhere on site. The tent and containers must be completely removed from the site by July 14, 2025. STAFF RECOMMENDATION PC 024-2025 Approval of Resolution #PC 024-2025 16 RESOLUTION #PC 024-2025 Supplemental Map o 4/0 0R M r+ r , s % i �k u. C r lb Ir- .;. ,O A A} ..`: A� F , 4 b fir 00 .� .�..' a (A) �9 Freedom Fireworks W189 S7819-39 Racine Avenue Q Agenda Item(s) Right -of -Way Properties i SKEGO w 0 200 400 Feet 1 1 1 Prepared by City of Muskego Planning Department 17 RESOLUTION #P.C. 024-2025 APPROVAL FOR SALE OF FIREWORKS FOR FREEDOM FIREWORKS LLC AT THE MUSKEO CENTRE LOCATED IN THE SE'/OF SECTION 8 (W189 S7819-39 RACINE AVENUE / TAX KEY NO. 2192.971) WHEREAS, A request has been submitted by Dustin Hein of Freedom Fireworks LLC to locate a temporary sales tent, storage containers and signs advertising the sale of fireworks at the Muskego Centre location at W189 S7819-39 Racine Avenue / Tax Key No. 2192.971, and WHEREAS, The petitioner previously sold fireworks in the Pop's MarketPlace, Piggly Wiggly and Pick n Save parking lots, and WHEREAS, The tent will be 30' x 60' and the two containers will be 8' x 20' in size, and WHEREAS, Signage has been indicated as two 3' x 20' temporary banners secured to the containers, and WHEREAS, A safety barrier will be in place to separate the patrons from vehicles in the drive aisles, and WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations has been provided, and WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division for any electricity hookups, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand in the Muskego Centre parking lot for fireworks sales for Freedom Fireworks LLC subject to the following conditions: 1. Dates of operation approved from June 21st, 2025 to July 7th, 2025, and 2. The tent and containers must be completely removed from the site by July 14, 2025, and 3. Hours of operation permitted only from 9 am to 9 pm, and 4. A letter of approval from the property owner has been submitted to the Planning Division approving rental space for Freedom Fireworks LLC, and 5. Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior to any site work on the property, if applicable, and 6. Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. BE IT FURTHER RESOLVED, That no signage (including banners, yards signs, etc.) is allowed on or around the site other than the specific signage that was approved as part of the submittal. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: May 6, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 18 fi • 9;• k t a CD N SITE PLAN NARRATIVE • SALES WILL START ON JUNE 21TH AND END ON JULY 7TH, 2024 • HOURS OF OPERATION 9AM-9PM. ONE(1) EMPLOYEE WILL BE SCHEDULED DAILY WITH ADDITIONAL EMPLOYEES ADDED DURING PEAK SALES DATES. ONE(1) EMPLOYEE VEHICLE WILL BE PARKED DAILY. • TYPES OF PRODUCTS SOLD: SAFE AND SANE FIREWORKS AND 4TH OF JULY NOVELTIES. • CUSTOMERS MUST BE AT LEAST 18 YEARS OLD TO PURCHASE FIREWORKS. FIREWORKS WILL BE SOLD IN ACCORDANCE WITH THE LAW OF THE CITY OF MUSKEGO. NO ITEMS, DEFINED BY STATE STATUTE 167.10 AS FIREWORKS, WILL BE STORED, SOLD, DISPLAYED OR POSSESSED AT THE LOCATION. • PREMISES LIABILITY INSURANCE IN THE AMOUNT OF $2,000,000 WILL BE OBTAINED WITH THE CITY OF MUSKEGO AS ADDITIONAL INSURED. INSURANCE WILL BE OBTAINED AND FILED WITH THE CITY NO LATER THAN JUNE 1ST, 2024. • SALES WILL BE FROM A RED, WHITE AND BLUE 30' X 60' FIESTA STYLE POLE TENT. • STORAGE WILL BE FROM TWO(2) 20' X 8' X 8' (L,W,H) METAL STORAGE CONTAINERS. CONTAINER DOORS WILL BE KEPT CLOSED AND LOCKED WHEN NOT IN USE. • MULTIPLE FIRE EXTINGUISHERS WILL BE NO MORE THE 30' APART IN THE SALES TENT AND ONE(1) EXTINGUISHER WILL BE AT THE ENTI'.rAN-ANCF ---C-H S-1 v CONTAINER. • NO SMOKING SIGNS WITH BE CLEARLY VISIBLE TO THE PUBLIC AND NO SMOKING WILL BE ALLOWED WITHIN 50' OF THE SALES TENT AND STORAGE CONTAINERS. • A SAFETY BARRIER WILL BE IN PLACE TO PREVENT THE CUSTOMERS FROM EXITING THE SALES TENT DIRECTLY INTO THE PARKING LOT DRIVEWAY. • TWO(2) 20'x 3' BANNERS WILL BE USED FOR ADVERTISING SIGNS. BANNERS WILL BE PERMANENTLY SECURED TO THE CONTAINERS. PLEASE SEE ATTACHED SITE AERIAL FOR PLACEMENT. • RESTROOMS WILL BE MADE AVAILABLE FOR EMPLOYEES AND CUSTOMERS INSIDE STRIPMALL RETAIL FACILITIES. WHEN THE STAND IS CLOSED THE TENT WALLS WILL BE HUNG UP AND SECURED TO PREVENT ANY ENTRY INTO THE SALES AREA. WHEN THE TENT SIDES ARE UP WE ARE CLOSED, WHEN THE TENT SIDES ARE DOWN WE ARE OPEN. • PROPERTY LINE WILL BE POLICED DAILY FOR WIND BLOWN TRASH AND DEBRIS. • OPERATIONS WILL BE KEPT CLEAN AND ORGANIZED WITH A PATRIOTIC THEME. N N MCP Investments, LLC 2060 N. Humboldt Blvd., Suite 225 Milwaukee, WI 53212 April 9th, 2025 Via E-mail: freedomfireworksnow(a),gmail.com Dustin Hein, Member Freedom Fireworks LLC 1442 E. Geneva St. Delavan, WI 53115 RE: Muskego Centre - Temporary Retail Operations — Fireworks Sales Dear Dustin: As you know, MCP Investments (the "Landlord") owns the shopping center commonly known as Muskego Centre, with an address of W 189 57847 Racine Avenue, Muskego, Wisconsin 53150. This letter shall confirm that we have reached an agreement with Freedom Fireworks LLC ("Tenant") to allow the Tenant to operate a temporary outdoor sales area in the parking lot that serves the Shopping Center. This letter further confirms that we have made arrangements for the employees of Tenant and customers to access appropriate restrooms during the Tenant's business operations at the Shopping Center. Should you have any questions, feel free to contact me at john.kardelis@colliers.com. Sincerely, John Kardelis Manager CC: Tim Randall - tim.randall(awhgroup.com Telephone: 414.837.3619e-mail: tim.randallna,whgroup.com Fax: 414.266.5110 M lV Print Application Cry of BUILDING, SITE, AND OPERATION PLAN APPLICATION MUSKEG PLANNING SERVICES - COMMUNITY DEVELOPMENT Applicant (Please Print or Type) Date: 03/11/2024 Name: DUSTIN HEIN Business Name: FREEDOM FIREWORKS LLC Address: 1442 EAST GENEVA STREET City: DELAVAN State: WI Zip Code: 53115 Phone Number: 2624571776 Fax Number: N/A 5 Mobile Number: 4145317229 E-mail Address: FREEDOMFIREWORKSNOW@GMAIL.COM Propeft Owner (Please Print or Type) This section can be left blank if the same as above. Name: JOHN KARDELIS Business Name: MCP INVESTMENTS LLS Address: 2060 N. HUMBOLT AVE. STE 225 City: MILWAUKEE State: WI Zip Code: 53212 Phone Number: 4142786845 Fax Number: F N/A Mobile Number: 4143318010 E-mail Address: JOHN.KARDELIS@COLLIERS.COM Please fill out the information below regarding the proposed BSO. Location/Address: W189 S7761 W. RAC INE AVE. Tax Key Number(s): MSKC2192971 Project/Development Name (If Applicable): N/A Zoning: 0-25 Conditional Use Grant (CUG) Required? f Yes r No NOTE: If Yes, the CUG information must also be filled out and submitted with the BSO submittal. Page 1 of 9 Iq N Intended Use: AIL SALES OF CONSUMER FIREWORKS AND 4TH OF JULY NOVELTIES. PLEASE SEE ATTACHED SITE NARRATIVE AND SITE AERIAL. 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. I 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 tl Print Name: Signature of the Applicant (working as "Agent' for the owner): Print Name: JOHN KARDELIS DUSTIN HEIN Date: 04/09/2025 Date: 04/08/2025 For Planning Services Use Only Submittal Date: Staff Signature: Fees Paid: j— Yes F- No Page 2 of 9 City of Muskego Plan Commission Supplement PC 023-2025 For the meeting of. May 6, 2025 REQUEST: Approval of a Conditional Use Grant (CUG) for Tractor Supply Tax Key No. 2167.995.128 / Janesville Road SW '/4 of Section 2 PETITIONER: Will Polisky of CMK Development on behalf of Tractor Supply INTRODUCED: May 6, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 023-2025 A petition was received for a Conditional Use Grant to operate a Pet Vet clinic within the future Tractor Supply retail store on Janesville Road between the existing Aurora Health and Dollar Tree. A Building, Site and Operation Plan was approved for the Tractor Supply via Resolution PC 039-2024. This petition is solely for the Plan Commission to discuss/determine whether veterinary services are acceptable uses in the PD-34 Dreamland District at this location within the confines of the BSO approval. CONSISTENCY WITH ADOPTED PLANS 023-2025 Comprehensive Plan: The 2020 Plan depicts the property as Commercial use. The petition is consistent with the Plan. rDeve he property is zoned PD-34 as part of the original Dreamland Planned Zoning: lopment. A Conditional Use Grant is required for any veterinary services under the animal hospital label. Park and Conservation No acquisitions are proposed in this area. Plan: the Plan. Street System Plan: All streets are dedicated to their ultimate widths. The proposal is consistent with the Plan. Adopted 208 Sanitary Public sanitary sewer serves the property. Sewer Service Area: the Plan. Fater Capacity The property is served by the municipal ssessment District: consistent with the plan. The proposal is consistent with The proposal is consistent with water system. The proposal is Stormwater Management IThe Engineering Department is reviewing stormwater as part of the Plan: construction of the original approval. The proposal is consistent with the construction 25 STAFF DISCUSSION PC 023-2025 At the June 4, 2024 PC meeting the Plan Commission discussed and approved the BSO for Tractor Supply for the structures, architecture, colors, site layout, and business operations including deliveries and the overall retail use of the site. As previously mentioned, the retail use is permitted with Plan Commission approval of a BSO Plan. The CUG is only for the ability to operate a veterinary clinic as part of the retail store. Tractor Supplies' PetVet Clinic offers affordable and convenient preventative services from state -licensed veterinarians without appointments. Overall, staff feels this use will fit seamlessly in with overall Tractor Supply development. Amended Resolution PC 039-2024 included all BSO conditions of approval for the Tractor Supply development that will remain in effect with this Conditional Use Grant. STAFF RECOMMENDATION PC 023-2025 Approval of Resolution PC 023-2025 — Subject to the items noted in the Amended Resolution PC 039-2024 unless modified in this resolution PC 023-2025. NEV RESOLUTION #PC 023-2025 Supplemental Map soft r. S _ -Y WN °� • 9P1!� Oho ..r' 7F`} A�'`. •. ..� fi �'� At I Tractor Supply Vacant / Janeville Road Q Agenda Item(s) Right -of -Way Properties _ C4 w 0 150 300 Feet SKEGO () I w Prepared by City of Muskego Planning Department RESOLUTION #P.C. 023-2025 APPROVAL OF A CONDITIONAL USE GRANT FOR TRACTOR SUPPLY LOCATED IN THE SW'/4 OF SECTION 2 (TAX KEY 2167.995.128 / MOORLAND ROAD) WHEREAS, A request was submitted by Will Polisky of CMK Properties, LLC. for a Conditional Use Grant (CUG) for the purpose of allowing veterinary services within the approved Tractor Supply development located in the SW '/ of Section 2 (2167.995.128), and WHEREAS, The property is currently zoned PD-34 as part of the original Dreamland Planned Development and a Conditional Use Grant (CUG) is required for any veterinary services under the animal hospital label, and WHEREAS, A Public Hearing was scheduled for May 6, 2025, and WHEREAS, A Building, Site and Operation (BSO) Plan was approved by the Plan Commission at the June 4, 2024 meeting via Amended Resolution PC 039-2024, and WHEREAS, As part of the BSO approval the Plan Commission discussed and approved the structures, architecture, colors, site layout, and business operations including deliveries and the overall retail use of the site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for veterinary services within the Tractor Supply development located on Janesville Road between Aurora Health and Dollar Tree (Tax Key 2137.995.128). BE IT FURTHER RESOLVED, That all conditions of approval from Amended Resolution PC 039- 2024 remain in effect. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: May 6, 2025 ATTEST: Adam Trzebiatowski AICP, Planning Manager 28 0) N ,+ �^ Print Application �i2 1✓t�tf �7Y USKEG CONDITIONAL USE GRANT APPLICATMOM P,4CXEET -&ak� (Please Print or Type) Date: lApr 7, 2025 Name: Will Polisky — .-------------- --- -- — Business Name: 1CMK Development, LLC Address: J216 Centerview Drive — City: Brentwood J State: TN Zip Code: ,37027 Phone Number: Fax Number: — — Mobile Number: (615) 516-6367 E-mail Address: iwill.polisky@cmkproperties.com Properlil Qjuner (Please Print or Type) This section can be left blank if the same as above. Name: (Robert Schmidt III Business Name: (Boulder Ventures 28, LLC Address: 1172 N. Broadway Street Suite 300 City: (Milwaukee State: IWI Zip Code: 53202 Phone Number: 1 — — — (414) 271-1252 Fax Number: � Mobile Number: + E-mail Address: Please fill out the information below ragarding the requested CondMonal Use Grant: dCUG). Location/Address: iMoorland Rd. &Janesville Road, Muskego, WI -- Tax Key Number(s): 12167-995-127 Survey Map No. 11931 _ Project/Development Name (If Applicable): Tractor Supply - Muskego, WI _ Current Zoning District: PD-34 Proposed Site Use(s): In the future Tractor Supply may decide to add a Pet Vet clinic. -- Here is a description from Tractor Supply's Website: PetVet clinics offer affordable and convenient preventative services state -licensed veterinarians and with no appointment necessary. Unlike veterinary offices, PetVet clinics provide necessary services With nn nffira visit fa,- 13 Page 1 of 4 CD M Legal Description and Acreage: (Attached Seperate Legal Description if Necessary) A redivision of Lot 2, Certified Survey Map No. 11931, being part of the Northwest 1/4 and Southwest 1/4 of the Southwest 1/4 of Section 2, and the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. 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. I 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 CONDITIONAL USE GRANT (CUG) PROCEDURE AND FAILURE TO COMPLY WITH CITY REQUIREMENTS WILL RESULT IN THIS APPLICATION BEING WITHHELD FROM CONSIDERATION BY THE PLAN COMMISSION. I ALSO GRANT PERMISSION TO THE CITY TO INSTALL A TEMPORARY SIGN ON THE PARCEL(S) REQUESTING A CONDITIONAL USE GRANT (CUG) TO ALERT RESIDENTS OF THE PROPOSED CONDITIONAL USE GRANT (CUG) UPON SAID PARCEL(S). THE SIGN WILL BE INSTALLED ON PRIVATE PROPERTY AND WILL. REMAIN ON THE PETITIONED PARCEL(S) THROUGHOUT THE DURATION OF TH QONDITIONAL USE GRANT PROCESS. i Signature of the Property Owner: Signature of the Applicant orking as "Agent" for the owner): Robert Schmidt Print Name: 4/7/2025 Date: Print Name: ' Gl/rlo�f- Date: For Planning Services Use Only Submittal Date: _ Staff Signature: Fees Paid: j Yes No Public Hearing Date: — — Page 2 of 4 City of Muskego Plan Commission Supplement PC 025-2025 For the meeting of: May 6, 2025 REQUEST: Signage for Legal Non -Conforming Commercial Properties Review Policy PETITIONER: City of Muskego INTRODUCED: May 6, 2025 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 025-2025 Very recently staff has been approached for replacement signs on several businesses that currently fall within residential Zoning Districts, some with and some without Conditional Use Grants (CUG). The legal non- conforming businesses are businesses that have been operating without a change in use since the inception of the Zoning Code or changes to the Zoning Code, meaning they are allowed to keep operating even though their use is not necessarily allowed in the residential Zoning Districts. Also, some of these properties are residentially zoned but have a CUG legally allowing their commercial use in said district. In the Zoning Code, there are no commercial -type signs allowed in residential Zoning Districts. Therefore, by Code if there were any new signs or changes needed or desired to the existing signs, anything aside from a simple face change to the existing sign would not be allowed. Staff have had discussions to propose a way of allowing signage for these businesses that will not be overly bulky and within the character of the surrounding residential uses and are seeking Plan Commission discussion/approval. Staff is proposing a way to balance signage needs of a commercial use with the arguments that residents should not be negatively impacted by commercial uses in their neighborhood. Understanding that the specific businesses are still legally allowed to operate in the residential Zoning District, if signage is desired by the business they should be allowed to have a sign. At the same time, the residential uses in the surrounding area should not be negatively impacted by any signage from a business in residential zoning. For these instances, staff is suggesting to treat these businesses as if they were in a B-1, BL-1 or BL-2 Zoning District which allows the most restrictive sign sizes at three (3) percent of the wall area and ten (10) square feet for freestanding signs (also allowing the applicable bonuses based on frontage and setback). These sizes would be allowed with a staff level approval sign permit. If the business, due to location or frontage, would like to exceed the three (3) percent limit for wall signs and ten (10) square feet for freestanding signs, like most of the other business districts (13-2, B-3 and 13-4), and use the five (5) percent of wall area for signs and 30 square feet for freestanding signs, then Plan Commission approval would be necessary so the petitioner can provide their reasoning for the larger sign size, as well as address how/why the neighboring residential uses will not be negatively impacted by their larger sign. The Plan Commission could consider factors like existing signage, frontage on neighborhood street or county highway, visibility for neighbors, similar signs on similar uses, etc. This option would still need a Sign Permit after Plan Commission approval. Staff is seeking Plan Commission discussion and approval of the included Resolution as direction moving forward for addressing signage for legal non -conforming commercial uses in residential Zoning Districts and for CUG for commercial uses in residential Zoning Districts. STAFF RECOMMENDATION PC 025-2025 Approval of Resolution PC 025-2025 31 RESOLUTION #P.C. 025-2025 SIGNAGE ALLOWANCES FOR LEGAL NON -CONFORMING COMMERCIAL USES AND FOR COMMERCIAL CONDITIONAL USE GRANT USES IN RESIDENTIAL DISTRICTS REVIEW POLICY WHEREAS, Article XVI of the Municipal Code regulates signage throughout the City, and WHEREAS, In the Zoning Code there are no commercial -type signs listed as being allowed in residential zoning districts, and WHEREAS, There are businesses in some of the residential districts that are legally operating, classified as legal non -conforming uses, as well as there are some businesses in some of the residential districts that are legally operating since they have been previously granted a Conditional Use Grant (CUG), and WHEREAS, Legal non -conforming use are uses that were allowed to operate without a change in use since the inception of the Zoning Code or changes to the Zoning Code, meaning they are allowed to keep operating even though their use is not necessarily allowed in the residential zoning districts, and WHEREAS, By current Code, if there were any new sign or changes needed or desired to existing signs at a legal non -conforming businesses or a CUG approved business in a residential district, anything aside from a simple face change to the existing sign, would not be allowed, and WHEREAS, Staff is proposing a way to balance signage needs of a commercial use with the goal that residents should not be negatively impacted by commercial uses in their neighborhood. THEREFORE BE IT RESOLVED, That the Plan Commission approved the policy change to allow limited signage for legal non -conforming commercial uses in residential zoning districts and for CUG approved uses in residential zoning districts subject to the following: 1. Legal non -conforming commercial uses in residential zoning districts and CUG approved uses in residential zoning districts shall be allowed wall signs on the facade(s) of the building abutting a public right-of-way of three (3) percent of the wall area, identical to those allowed in the B-1, BL-1 or BL-2 Zoning Districts. These signs require a Sign Permit. 2. Legal non -conforming commercial uses in residential zoning districts and for CUG approved uses in residential zoning districts shall be allowed ten (10) square feet for freestanding signs, with possible frontage and setback bonuses, identical to those allowed in the B-1, BL-1 or BL-2 Zoning Districts. These signs require a Sign Permit. 3. If larger signs are sought by the business due to other unique circumstances, they can apply for Plan Commission review/approval to possibly be allowed signage similar to that allowed in the B-2, B-3 and B- 4 commercial districts, which can allow up to five (5) percent of the wall area for wall signs and 30 square feet for freestanding signs, with possible frontage and setback bonuses. In these cases, the petitioner needs to provide the Plan Commission their reasoning for the larger sign size request, as well as address how/why the neighboring residential uses will not be negatively impacted by their larger sign. The Plan Commission could consider factors like existing signage, frontage on neighborhood street or county highway, visibility for neighbors, similar signs on similar uses, etc. This option would still need a Sign Permit after Plan Commission approval. Adopted: Defeated: Deferred: Introduced ATTEST: Plan Commission City of Muskego May 6, 2025 Adam Trzebiatowski AICP, Planning Manager 32