PCR2026007 Caliber - ACE BSO AmendRESOLUTION #P.C. 007-2026
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT
FOR CALIBER COLLISION AND ELLIOTT'S ACE HARDWARE LOCATED IN THE NE'/OF SECTION 3
(COMMERCE CENTER PARKWAY / TAX KEY 2169.994.003 AND
S64 W75732 COMMERCE CENTER PARKWAY / TAX KEY 2169.999.007)
WHEREAS, A submittal was received from Muskego Commerce Center East LLC. to amend the Certified
Survey Map (CSM) approval for the recently approved Caliber Collision and to amend the 2010 Building,
Site and Operation Plan (BSO) approval for Elliott's Ace Hardware located on the vacant parcel and S64
W15732 Commerce Center Parkway / Tax Key Nos. 2169.994.003 & 2169.999.007, and
WHEREAS, The petitioners are seeking approval to remove the requirement that a cross -access easement
be recorded and built between the two sites, and
WHEREAS, The vacant site for Caliber Collision is zoned BP-1 Business Park District and the Elliott's Ace
Hardware is zoned B-3 General Business District, which are both approved uses and there are no changes
in zoning being requested, and
WHEREAS, In 2010, the Plan Commission amended and approved Resolution PC 050-2010 for Ace
Hardware with the condition that a cross -access easements be formally established and recorded with the
future commercial property to the west (now Caliber) once approvals are gained for the western property
along with future landscape islands along the western side of the parking area every 10 or so parking stalls
once the future access point to the property was known, and
WHEREAS, In 2025, the Plan Commission approved Resolution PC 056-2025 for Caliber Collision that also
included language to work with the representatives from the Elliott's Ace Hardware for the access easement
and the physical cross -access between the two properties, and
WHEREAS, Along the west and north side of Commerce Center Parkway, the cross -access easements
begin at the first establishment (Wendy's) and carries through until the Elliott's Ace Hardware site, with the
exception of the vacant site that has been split into two lots, which is where Caliber Collision will be
constructed, and
WHEREAS, The properties to the west and southwest all include a cross -access easement and physical
connection that extends from the Wendy's property through the Jiffy Lube and the Jilly's Car Wash
properties ending at the western edge of this property, and
WHEREAS, A grade differential of approximately eight feet exists between the two sites resulting in a drive
with a slope of approximately 22 percent, assuming that the access drive would be constructed from the
existing parking lot height on the Elliott's Ace Hardware site to the proposed parking area on the Caliber
Collision site without impacting any parking stalls or grading on either site, and
WHEREAS, Other reasons the petitioner includes for this request are that there will be safety challenges for
vehicles entering the Elliott's Ace Hardware location through the easement and from the entry on west side
of the lot from Commerce Center Parkway and that there would not be any substantial amount of shared
clientele between the two businesses, and
WHEREAS, The cross -access easement was started with the guidance of the General Design Guide that
states the following: "Cross Access: Cross access to and between neighboring properties shall be
implemented wherever possible. The goal in this requirement is to remove as much incidental, site to site
traffic from adjacent roads as practical thus reducing the possibility of traffic conflicts and accidents. Cross
access may be achieved by the interconnection of parking lots or the construction of a separate drive. In
either case, the minimum drive isle width should be no less than 24 feet. A "cross access easement for the
public benefit" shall be recorded for cross access areas in order to preserve the access for future property
owners", and
WHEREAS, As part of the recommendations of the 2020 Comprehensive Plan, the Plan states, "Mandate
interior circulation of all multi -family, commercial, industrial, and mixed -use developments with interior
roadways and/or cross -access easements to reduce the amount of local traffic", and
WHEREAS, Amended Resolution PC 050-2010 also states, `BE /T FURTHER RESOLVED, That upon
building permit submittal review a grading easement may be required along the western lot line in order to
assure that a future development to the west can aesthetically tie into the ACE side and reduce the slopes
proposed here. "
THEREFORE BE IT RESOLVED, That the Plan Commission approves the Building, Site and Operation
Plan Amendment for the recently approved Caliber Collision property and the 2010 Building, Site and
Operation Plan (BSO) approval for Elliott's Ace Hardware, located on the vacant parcel and S64 W15732
Commerce Center Parkway / Tax Key Nos. 2169.994.003 & 2169.999.007.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall
result in the imposition of fines of $124 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: March 3, 2026
Defeated:
Deferred:
Introduced: March 3, 2026
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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