PCR2010048
RESOLUTION #P.C. 048-2010
RECOMMENDATION TO COUNCIL TO REZONE THE MUSEKEO COMMERCE CENTER EAST LLC PROPERTY FROM
THE BP-1 BUSINESS AND OFFICE PARK SUPPORT DISTRICT AND BP-3 BUSINESS PARK DISTRICT TO B-3
GENERAL BUSINESS DISTRICT LOCATED IN THE NE ¼ OF SECTION 3 (TAX KEY NO. 2169.999.002 / COMMERCE
PARKWAY)
WHEREAS, On April 27, 2010 a petition for a rezoning was submitted by Muskego Commerce Center East LLC to rezone a
property from the BP-1 Business and Office Park Support District and BP-3 Business Park District to B-3 General Business
District (Tax Key No 2169.999.002 / Commerce Parkway), and
WHEREAS, The 2020 Comprehensive Plan calls for this area to be Business Park uses which the rezoning is still consistent
with, and
WHEREAS, The reason for the request is to position zoning rights for a future ACE Hardware store and to be comparable to
the B-3 zoning district to the south where the Wal-Mart is currently being built, and
WHEREAS, Approximately 150 feet of the BP-3 zoning district is consumed with this rezoning request and this has been
done to better align commercial supporting uses within the business park with the Wal-Mart currently being constructed to the
south, and
WHEREAS, The petitioners believe that moving the B-3 zoning further into the BP-3 zoning will increase the potential for a
smaller stand alone structure in the BP-3 zoning district area (per newly created Lot 3 in PC Resolution #049-2010), which
has been requested of Planning Commission in the past, and
WHEREAS, The B-3 zoning district allows similar commercial business park supporting uses as the proposed BP-1 district,
and
WHEREAS, The B-3 district actually allows smaller overall structures with a 60% floor area ratio compared to the BP-1
district’s 65% floor area ratio, and
WHEREAS, The one major difference in the two districts is that the current BP-1 district allows retail establishments over
20,000 square feet by conditional use grant whereas the B-3 district would allow retail establishments over 20,000 square
feet by right, and
WHEREAS, Plan Commission BSO approvals are required for any future building in this area regardless of the rezoning, and
WHEREAS, A Public Hearing for the rezoning is before the Common Council on June 8, 2010, and
WHEREAS, The property is currently served by municipal sanitary sewer and municipal water.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for
the rezoning from BP-1 Business and Office Park Support District and BP-3 Business Park District to B-3 General Business
District (Tax Key No 2169.999.002 / Commerce Parkway) subject to the following:
BE IT FURTHER RESOLVED, That the Planning Commission recommends that a majority of the area remain the BP-1
Business and Office Park Support District up along Moorland Road, however, that the proposed B-3 Business Park District is
recommended to remain for the newly proposed Ace Hardware lots (Lots 2 and 4 per the CSM under PC Resolution #049-
2010) and this recommendation is due to knowing and reviewing the full submittal details of the Building, Site, and Operation
Plan for the Ace Hardware at the time of this rezoning request.
BE IT FURTHER RESOLVED, That the rezoning doesn’t guarantee future building, site, and operation plan approvals
without Planning Commission approval first.
BE IT FURTHER RESOLVED, That how the sizes of future structures fit into proposed sites and in the general business park
neighborhood will be considered by Planning Commission during future building, site, and operation plan approvals for this
Commerce Center East area.
Plan Commission
City of Muskego
Adopted: June 1, 2010
Defeated:
Deferred:
Introduced: June 1, 2010
ATTEST: Kellie McMullen, Recording Secretary