PCa20130305
CITY OF MUSKEGO
PLAN COMMISSION AGENDA
6:00 PM Tuesday March 5, 2013
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 FEBRUARY 5, 2013 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 ¼ and SE ¼ of Section 13 (Tax Key 2230.996 /
W217 S8425 Crowbar Road).
RESOLUTION #P.C. 014-2013 - 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 ¼ and SE ¼ of Section 13 (Tax Key No. 2230.996 / W217
S8425 Crowbar Road).
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.
None.
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. 007-2013 – Approval of an Annual Review for the George Alex property
located in the NE ¼ and SE ¼ of Section 25 (Tax Key No. 2257.984 / Loomis Drive).
RESOLUTION #P.C. 008-2013 – Approval of an Annual Review for George Alex / Robert
Jacob property located in the NE ¼ of Section 25 (Tax Key No. 2257.973.001 / S98 W12575
Loomis Court & W125 S9912 North Cape Road).
RESOLUTION #P.C. 009-2013 – Approval of an Annual Review for the Durham Hill Auto
property located in the NE ¼ of Section 25 (S98 W12578 Loomis Drive / Tax Key No.
2257.982.002).
Plan Commission Agenda, continued
March 5, 2013
PAGE 2
RESOLUTION #P.C. 011-2013 – Approval of an Annual Review for Midwest Auto Doctor for
auto sales at the property located in the NW ¼ of Section 16 (Tax Key No. 2221.016 / S81
W18510 Gemini Drive).
RESOLUTION #P.C. 012-2013 – Approval of an Annual Review for Schaefer Snowplowing
and Grading LLC located in the NW ¼ of Section 29 (W195 S9775 Racine Avenue / Tax Key
No. 2274.998).
RESOLUTION #P.C. 013-2013 – Approval of a three year review for Paul Ruszkiewski for a
seasonal garden center at Muskego Centre in the SE ¼ of Section 8 (Tax Key No. 2192.973 /
W189 S7847 Racine Avenue).
RESOLUTION #P.C. 017-2013 – Approval for the outdoor sale of plants and flowers for Holtz
Garden Centers at the Elliott’s Ace Hardware property located in the NE ¼ of Section 3 (Tax
Key No. 2169.999.007 / S64 W15732 Commerce Center).
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. 010-2013 – Approval of an Annual Review for Frey Auto located in the
NE ¼ & SE ¼ of Section 34 (S107 W16311 Loomis Road / Tax Key Nos. 2296.996 &
2293.996.002).
RESOLUTION #P.C. 016-2013 – Approval of a BSO amendment for the Elliott’s Ace Hardware
property located in the NE ¼ of Section 3 (Tax Key No. 2169.999.007 / S64 W15732
Commerce Center).
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.
CITY OF MUSKEGO
PLAN COMMISSION MINUTES UNAPPROVED
6:00 PM Tuesday February 5, 2013
Muskego City Hall, W182 S8200 Racine Avenue
Mayor Chiaverotti called the meeting to order at 6:02 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Kathy Chiaverotti, Ald. Soltysiak, Commissioners Buckmaster (6:05 PM), Stinebaugh and
Jacques and Planner Trzebiatowski and Recording Secretary McMullen.
The secretary noted that the meeting was properly noticed in accordance with the Open Meeting
Law.
APPROVAL OF THE MINUTES OF THE DECEMBER 4, 2012 MEETING Commissioner
Jacques made a motion to approve the minutes of the December 4, 2012 meeting.
Commissioner Stinebaugh seconded. Upon a roll call vote, motion to approve the minutes was
ADOPTED unanimously.
PUBLIC HEARING for a Conditional Use in accordance with Section 14 of the City of Muskego
Zoning Ordinance for Fox River Christian Church for the purpose of a satellite church location on
Tans Drive, in the SE ¼ of Section 5. Secretary McMullen read the public hearing notice. Mayor
Chiaverotti asked for any questions or comments from the audience. John Kronshage Jr, W193
S6817 Hillendale Drive, stated he is a neighbor to the property and is in favor of the proposal.
Mr. Kronshage added this will be a good setting and a church is a good neighbor. With no other
comments or questions Mayor Chiaverotti closed the public hearing at 6:08 PM.
OLD BUSINESS FOR CONSIDERATION
None.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS Commissioner Jacques made a motion to approve Resolutions #P.C.
001-2013 and 005-2013 engross. Commissioner Stinebaugh seconded. Upon a voice vote, the
motion passed unanimously.
RESOLUTION #P.C. 001-2013 – Approval of a Two Lot Certified Survey Map for the Kloss
property located in the NW ¼ of Section 14 (Tax Key No. 2214.996.010 / W150 S8226 Harvest
Court). Resolution #P.C. 001-2013 was ADOPTED unanimously.
RESOLUTION #P.C. 005-2013 – Approval of a Three Lot Certified Survey Map for the Switala
property located in the SE ¼ of Section 10 (Tax Key No. 2200.089 / S77 W15973 Woods Rd).
Resolution #P.C. 005-2013 was ADOPTED unanimously.
Plan Commission Minutes, continued
February 5, 2013
PAGE 2
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 002-2013 – Recommendation to Common Council to rezone a property
from SW – Shoreland Wetland District to RL2 – Lakeshore Residence District for the Schmidt
property located in the SW ¼ of Section 4 (Tax Key 2175.996 / W187 S7160 Gold Drive).
Commissioner Buckmaster made a motion to ADOPT Resolution #P.C. 002-2013.
Commissioner Jacques seconded. Ald. Soltysiak questioned if there are any other agencies that
will need to approve this. Planner Trzebiatowski explained because this area is not a wetland
the DNR does not need to be involved. Planner Trzebiatowski added the structure being built is
15 feet away from any wetlands; which is required by code. Upon a roll call vote, Resolution
#P.C. 002-2013 was ADOPTED unanimously.
RESOLUTION #P.C. 003-2013 – Approval of a Conditional Use Grant and Building, Site and
Operation Plan for the Fox River Christian Church property located in the SE ¼ of Section 5
(Tax Key 2180.994.001 / S67 W19491 Tans Drive). Commissioner Stinebaugh made a motion
to ADOPT Resolution #P.C. 003-2013. Commissioner Jacques seconded. Planner
Trzebiatowski explained the petitioner, Fox River Christian Church, is looking to use this property
as a satellite church facility. The use is allowed by right with a Conditional Use Grant. The main
improvements are interior to accommodate a worship space of 345 people. The plans also
include removal of some existing windows on the exterior of the building. The Resolution states
the former window areas are to be patched and must contain matching masonry units and
painted to match the surroundings. If the entire building is going to be repainted the same color
or an earth tone color, staff can approve. The site is in need of clean up and landscape
maintenance. The Resolution is drafted to include the following:
1. All landscape areas, including landscape islands within the parking lot, must be kept
weed free, and
2. All areas of exposed landscape fabric must be corrected so that the landscape fabric is
not visible, and
3. All mulched areas must be re-mulched as to provide ample ground cover, and
4. All landscaping/plantings must be trimmed/pruned as needed, and
5. Any dead or dying landscaping/plantings must be replaced with like vegetation.
All clean-up work needs to be completed by June 1, 2013. Staff recommends approval.
Commissioner Stinebaugh stated this is a good idea. Mayor Chiaverotti added this is a good fit
for the area and the other location looks good and is cared for. Upon a roll call vote, Resolution
#P.C. 003-2013 is ADOPTED unanimously.
RESOLUTION #P.C. 006-2013 – Approval of a Building, Site, and Operation Plan Amendment
for the Muskego Moose Lodge located in the SW ¼ of Section 18 (Tax Key 2231.995 / S86
W21693 Janesville Road). Commissioner Buckmaster made a motion to ADOPT Resolution
#P.C. 006-2013. Commissioner Jacques seconded. Planner Trzebiatowski explained the
Muskego Moose Lodge is requesting to allow 8 campers on their property during the Moose
International Convention May 24-29th. The campers would be located on a vacant portion of the
property south of the horse shoe pits. Electrical will be needed and a permit is required. The
Resolutions states this is a one-time approval and a maximum of 8 campers are allowed. Upon
a roll call vote, Resolution #P.C. 006-2013 was ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
Plan Commission Minutes, continued
February 5, 2013
PAGE 3
DOCKET #P.C. 004-2013 – Approval of a Building, Site, and Operation Plan Amendment for
the Muskego Tire and Auto property located in the NW ¼ of Section 10 (Tax Key 2198.991.004 /
S73 W16610 Janesville Road).
MISCELLANEOUS BUSINESS
Planner Trzebiatowski explained staff was hoping to have designs of the banners that will be
placed on the light poles along the new section of Janesville Road. They are not available yet,
but once they are Director Muenkel will email the designs out to Plan Commission members for
feedback.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 6:16 PM. Commissioner Buckmaster
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
®0 410 820205 FeetScale:
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Affected Area
Right-of-Way
Municipal Boundary
Properties within 300 ft
Parcels
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J a n e s v ill e R o a d
CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 7:00 PM, or shortly thereafter, on Tuesday, March 26, 2013, in the Muskego Room of City Hall, W182 S8200 Racine Avenue, to consider the following upon the petition of the City of Muskego: Upon the petition of Jay Petroleum Inc. shall the following area known as: Tax Key Number 2193.070 / S75 W 17226 Janesville Road be granted a rezoning from B-4 – Highway Business District to DR-1 – Downtown Revival District for the purpose of expanding commercial development opportunities on site. The 2020 Comprehensive Plan already identifies this area for Commercial uses. The petitioner’s application is available for public inspection at the City of Muskego Community Development Department. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on March 7, 2013 and March 14, 2013. Dated this 27th day of February, 2013 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 AND 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. 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 Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679-4136."
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City of Muskego
Plan Commission Supplement PC 014-2013
For the meeting of: March 5, 2013
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 ¼ and SE ¼ of Section 13, T5N R19E
PETITIONER: Payne & Dolan
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 014-2013
Petitioner seeks approval of the required annual review f or continued mining and processing of
sand and gravel and the extension of use of an asphalt plant.
PLAN CONSISTENCY PC 014-2013
Comprehensive Plan: The 2020 Plan indicates the area should be used for landfill and
extractive land use. The proposal is consistent with the Plan.
Zoning:
The M-3, Landfill & Extractive District, allows extractive operations
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.
Park and Conservation
Plan
No parks are proposed in the area. High Conservation Priority is
along Crowbar Road, specifically as a view corridor. The current
extractive operations are far removed from this area. P & D has
continuously improved this area of their site through restoration,
slope stabilization, and plantings. The proposal is consistent with
the Plan.
Street System Plan: The Street System Plan indicates Crowbar Road to be a 100’
ultimate right-of-way. No dedication is required at this time.
Utility Service Areas: The property is served by private sewer and private water.
DISCUSSION PC 014-2013
A site inspection on February 27, 2013 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 2013 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 014-2013
Approval of Resolution # PC 014-2013
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R e s o lu t i o n #P C 0 1 4 -2 0 1 3
P e titio n e r: P a yn e & D o la nW217 S 8 42 5 C ro w b a r R o a d
Prepared by City of Muskego
Planning Department
2/12/2013
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H yd r o g r a p h yAerial P ho to D at e: April 2010
Z o n in g D is t r ic ts
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RESOLUTION #P.C. 014-2013
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 ¼ OF SECTION 13, T5N, 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 befor e the Plan
Commission on March 5, 2013, 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 007-2013
For the meeting of: March 5, 2013
REQUEST: Annual Review for the George Alex Property (Mini-Storage)
S98 W12712 Loomis Drive / Tax Key No. 2257.984
NE ¼ and SE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 007-2013
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 007-2013
A site inspection of the site was conducted on February 27, 2013. The site met the conditions formally
approved. No complaints were received by the Planning Department since the last annual review.
STAFF RECOMMENDATION PC 007-2013
Approval of Resolution # PC 007-2013
RESOLUTION P.C. 007-2013
APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-
STORAGE WAREHOUSES FOR GEORGE ALEX FOR THE PROPERTY LOCATED AT
S98 W12712 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 008-2013
For the meeting of: March 5, 2013
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 ¼ and SE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 008-2013
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. 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:
1. An auto repair business may operate off 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.
STAFF DISCUSSION PC 008-2013
A site inspection was conducted on February 27, 2013 and the site was in compliance with the
approved BSO, with the exception of an unapproved shed on the property. The City is giving the
property owner until March 29, 2013 to have the shed completely removed from the property.
STAFF RECOMMENDATION PC 008-2013
Approval of Resolution # PC 008-2013
RESOLUTION P.C. 008-2013
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, 2013 and the site was in compliance,
with the exception of an unapproved shed on the property.
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 unapproved shed on the property must be completely
removed from the site by March 29, 2013.
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 thi s 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 009-2013
For the meeting of: March 5, 2013
REQUEST: Annual Review for Durham Hill Auto
S98 W12578 Loomis Drive / Tax Key No. 2257.982.002
NE ¼ of Section 25
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 009-2013
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 009-2013
A Planning Department site inspection was conducted on February 27, 2013 for site compliance
relating to the annual review. The site inspection revealed that there were some vehicles that were not
parked in approved locations. As such, a letter was sent to the owner giving them until the day of the
Plan Commission meeting to have everything corrected. The resolution is drafted as if everything was
corrected. If all items are not corrected by the time of the Plan Commission meeting, then staff will
bring forward a modified resolution.
STAFF RECOMMENDATION PC 009-2013
Approval of Resolution # PC 009-2013
RESOLUTION #P.C. 009-2013
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 ¼ 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 s ite 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 011-2013
For the meeting of: March 5, 2013
REQUEST: Annual Review for Midwest Auto Doctors LLC
Tax Key No. 2221.016 / S81 W18510 Gemini Drive
NW ¼ of Section 16
PETITIONER: David Iglewski – Midwest Auto Doctor LLC
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 011-2013
In 2012 Midwest Auto Doctor LLC received a Conditional Use Grant (CUG) and Building Site and
Operation Plan (BSO) approval for auto sales by Resolution PC 018-2012. The approval also required an
annual review. The approval was based on the following conditions:
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 pu blic view within the rear
fenced area.
3. No junk vehicles can be parked anywhere on site at any time.
STAFF DISCUSSION PC 011-2013
A Planning Department site inspection on February 27, 201 3 was conducted for site compliance relating
to the annual review. The site inspection revealed that the site was in compliance.
STAFF RECOMMENDATION PC 011-2013
Approval of Resolution PC 011-2013
RESOLUTION #PC 011-2013
APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR
AUTO SALES FOR MIDWEST AUTO DOCTOR LLC
LOCATED IN THE NW ¼ OF SECTION 16
(S81 W18510 GEMINI DRIVE / TAX KEY NO. 2221.016)
WHEREAS, The Plan Commission approved a Conditional Use Grant and Business, Site and Operation Plan
amendment for sale of automobiles at the property located at S81 W18510 Gemini Drive (Tax Key No.
2221.016) on March 6, 2012 by Resolution #PC 018-2012, and
WHEREAS, The property is zoned M-2, General Industrial 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:
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 any time.
WHEREAS, A site inspection was completed on February 27, 2011 and compliance was found.
THEREFORE BE IT RESOLVED, The Plan Commission approves of the annual review for Midwest Auto
Doctor, subject to compliance with all Conditional Use Grant conditions of approval.
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 thi s 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 012-2013
For the meeting of: March 5, 2013
REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC
W195 S9775 Racine Avenue / Tax Key No. 2274.998
NW ¼ of Section 29
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski AICP
BACKGROUND PC 012-2013
The Plan Commission originally authorized an annual review for the property for every year in the month of August.
At the 2011 annual review it was decided to move this annual review to March, with the other annual reviews. This
also helps insure that the crops are harvested when the inspection occurs. The petitioner received Plan Commission
approval as per PC Resolutions #155-1990 and 012-2004. The provisions of those approvals are discussed below.
PLAN CONSISTENCY PC 012-2013
Comprehensive Plan:
The 2010 Plan depicts the area for agriculture and open lands use. The use as
a business existed and is consistent with the Plan.
Zoning:
The property is zoned A-1 Agricultural District. The proposal is consistent with
the Municipal Code and past petitions.
DISCUSSION PC 012-2013
The property has had prior approvals for the snowplowing and grading business since 1990 . The property currently
has an existing 252’ x 60’ metal farm pole building of which 40’ is used for shop area and the rest used for the
agricultural practice of the property. The property also houses an approved 32’ x 40’ salt storage structure. The
previous approved resolutions both state that no outside storage of any equipment or LP fuel tanks be located next to
the building, and that the business be limited to 17 drivers. Plan Commission requested the annual review during the
approvals of February 2004 to make sure the site does not become unsightly and that the outside storage is outside
of the public view and mostly contained in the approved storage buildings.
Upon a site inspection on February 27, 2013, Planning Division staff found the site to be in good shape. Barely
anything is visible from Racine Avenue. There is only a small area down the driveway that had a few vehicles within
it.
STAFF RECOMMENDATION PC 012-2013
Approval of Resolution PC 012-2013
RESOLUTION #P.C. 012-2013
APPROVAL OF AN ANNUAL REVIEW FOR SCHAEFER SNOWPLOWING
AND GRADING LLC LOCATED IN THE NW ¼ OF SECTION 29
(W195 S9775 RACINE AVENUE / TAX KEY NO. 2274.998)
WHEREAS, The Plan Commission approved a Building, Site and Operation Plan f or Schaefer
Snowplowing and Grading LLC at the property located at W195 S9775 Racine Avenue as per
Resolution #P.C. 155-1990, and
WHEREAS, The Plan Commission approved an amended Building, Site and Operation Plan for
Schaefer Snowplowing Resolution #P.C. 012-2004, and
WHEREAS, Conditions of approval included the following:
1. No outside storage of any equipment, LP fuel tanks be located next to the building,
and the business be limited to 17 drivers, and
2. Annual Plan Commission review, and
WHEREAS, The yearly review was moved to March of each year, with the other annual
reviews, so that the site can be viewed more easily due to the crops not g rowing on that
property at that time of the season, and
WHEREAS, Staff met with Mr. Schaefer in early 2009 to discuss the ongoing cleanup of the site
and it was agreed that Mr. Schaefer would begin to remove any storage of vehicles that exist on
the east side of the main accessory structure to the southern and western sides of the structure
to further reduce outside storage, unless the vehicles are being actively used on that day for
business purposes, and
WHEREAS, Upon a site inspection on February 27, 2013, Planning Division staff found the site
to be in good shape with only a few vehicles being visible from the road, way back towards the
building.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Annual Review of
the Building, Site and Operation plan for Schaefer Snowplowing and Grading LLC at the
property located at W195 S9775 Racine Avenue.
BE IT FURTHER RESOLVED, That failure to comply with the conditions of this Building, Site
and Operation Plan 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 013-2013
For the meeting of: March 5, 2013
REQUEST: Approval of a Temporary Amendment to a BSO to Permit Seasonal Outdoor Garden Center
W189 S7847 Racine Avenue / Tax Key No. 2192.973
SE ¼ of Section 8
PETITIONER: Paul Ruszkiewski
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel
BACKGROUND PC 013-2013
Petitioner proposes to continue a temporary tent structure for the sale of bedding plants. The petitioner has been
located in the same location for the past ten years. No complaints have been received in the past.
DISCUSSION PC 013-2013
All past approvals remain the same other than the following: In the past staff required that only one temporary
outdoor event should be permitted on the shopping center grounds. Usually the Fireworks stand would begin
operation in the beginning of July. Mr. Ruszkiewski is requesting to be allowed to operate into the operation times
of the Fireworks stand. In the past, these operations are in separate locations and often overlapped anyway during
takedown/put-up times. The Piggly Wiggly owner has no issue regarding this and staff has no issue either.
Past approvals regarding this resolution showed comments that a transient merchant license is required from the
Clerk’s Office. This license has not yet been applied for but will be required prior to any operations beginning.
The current resolution is written for a new three-year approval, which was instated in 2004.
STAFF RECOMMENDATION PC 013-2013
Approval of Resolution #PC 013-2013
RESOLUTION #P.C. 013-2013
APPROVAL TO AMEND THE BUILDING, SITE AND OPERATION PLAN TO
ALLOW A SEASONAL GARDEN CENTER FOR PAUL RUSZKIEWICZ AT THE
PROPERTY LOCATED AT W189 S7847 RACINE AVENUE
(MUSKEGO CENTER-PIGGLY WIGGLY PARKING LOT / TAX KEY NO. 2192.973)
WHEREAS, A request for the temporary sale of bedding plants by Paul Ruskiewicz has been
submitted for the parking lot of the Muskego Centre / Piggly Wiggly Store at W189 S7847
Racine Avenue, and
WHEREAS, The petitioner is proposing to erect a temporary 21' X 48' green house located at
the southeast corner of the parking lot near the southern entry, being generally between the
shopping center and McDonald's, and
WHEREAS, The proposed dates of operation will be from May 1 to around July 3 of the 2013,
2014, and 2015 calendar years, and the hours of operation will be Monday through Friday
from 9am to 8pm, Saturday from 8am to 7pm, and on Sunday from 8am to 6pm, and
WHEREAS, The petitioner is requesting no signage.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the temporary sale of
bedding plants subject to the following conditions:
1. Dates of operation only approved from May 1, 2013, to July 3, 2013; May 1, 2014 to
July 3, 2014, and May 1, 2015 to July 3, 2015 and
2. Hours of operation permitted only from Monday through Friday from 9am to 8pm,
Saturday from 8am to 7pm, and on Sunday from 8am to 6pm, and
3. Applicable permits/licensing must be obtained from the Building Inspection
department prior to any site work on the property.
4. A Transient Merchant License must be obtained yearly from the City Clerk’s Office.
BE IT FURTHER RESOLVED, That this approval is for the next three years if similar
unsubstantial changes to the operation are followed from year to year and no complaints are
logged.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 017-2013
For the meeting of: March 5, 2013
REQUEST: Approval of a Temporary Seasonal Outdoor Garden Center
Tax Key No. 2169.999.007 / S64 W15732 Commerce Center
NE ¼ of Section 3
PETITIONER: Elliot’s ACE Hardware
INTRODUCED: April 3, 2012
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 017-2013
The petitioner is proposing a temporary greenhouse structure for the sale of plants and flowers for 2012. This
temporary garden center is proposed within the Elliot’s ACE Hardware parking lot by Holtz Garden Centers . The
merchandise will be sold in two greenhouses (25x60 and 21x36) and surrounding tables. The garden center will
take up approximately 15 parking spaces and a fence will enclose the display area. The fence will be made from
oval landscape timbers and concrete block.
No signage is indicated in the proposal but temporary signage would be allowed once known and submitted to the
Community Development Department.
Operations are proposed from approx. April 15th – July 15th, from 8:00 am to 8:00 pm weekdays and Saturdays and
9 am to 5 pm on Sundays. Permission has been granted for the use of this portion of the site and the use of the
ACE Hardware restroom facilities.
DISCUSSION PC 017-2013
The proposal is consistent with operations of other vendors in Muskego. This use was located on this site last year
and staff had no issues or complaints. Like other yearly floral transient merchants the resolution is written for a
three year approval.
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 any electricity hookup if needed.
STAFF RECOMMENDATION PC 017-2013
Approval of Resolution #PC 017-2013
COMMERCE CENTER PKWY
COLLEGE AVE
RS-1RS-3
BP-1 BP-3
B-3
COMMERCE CENTER PKWY
COLLEGE AVE
RS-1RS-3
BP-1 BP-3
B-3
Resolution #PC 017-2013
Petitioner: Holtz Garden CentersS64 W15732 Commerce Center
Prepared by City of Muskego
Planning Department
2/26/2013
Scale:
W O O D S R D
RACINE AVE
NORTH CAPED
U
R
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COLLEGE
L O O M I S R D
J A N E S V I L L E
Area of Interest
¯
L E G E N D
0 250 500125 Feet
Supplemental Map
Property
Right-of-way
Hydrograp hyAerial Photo Date: April 2010
Zoning Districts
Agen da Ite m(s)
RESOLUTION #P.C. 017-2013
APPROVAL FOR THE SALE OF PLANTS AND FLOWERS FOR HOLTZ GARDEN CENTERS
AT THE ELLIOT’S ACE HARDWARE PROPERTY LOCATED IN THE NE ¼ OF SECTION 3
(S64 W15732 COMMERCE CENTER DRIVE / TAX KEY NO. 2169.999.007)
WHEREAS, A request has been submitted by Holtz Garden Center to locate a temporary greenhouse in
the parking lot of the Elliot’s ACE Hardware property located at S64 W15732 Commerce Center Drive,
and
WHEREAS, The request for outdoor plant sales, and
WHEREAS, Two greenhouses (25x60 and 21x36 in size) and surrounding tables will be used to display
the plant and flower merchandise, and
WHEREAS, The proposed display area will take up approximately 15 parking spaces and a fence will
enclose the display area, and
WHEREAS, The fence will be made from oval landscape timbers and concrete block , and
WHEREAS, No signage is indicated in the proposal but temporary signage would be allowed once
known and submitted to the Community Development Department, 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 if it is required, 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 ACE Hardware parking lot for plant and flower sales for Holtz Garden Center subject to the
following conditions:
1. Dates of operation approved from approx. April 15th to July 15th, and
2. Hours of operation permitted only from 8 am to 8 pm weekdays and Saturdays and 9 am to 5
pm on Sundays, and
3. A letter of approval from the property owner has been submitted to the Planning Department
approving rental space, and
4. Applicable permits must be obtained from the Building Inspection Department prior to any site
work on the property if electrical is required, and
5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office.
BE IT FURTHER RESOLVED, That this approval is for the next three years if similar unsubstantial
changes to the operation are followed from year to year and no complaints are logged.
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.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 010-2013
For the meeting of: March 5, 2013
REQUEST: Annual Review for Frey Auto
S107 W16311 Loomis Road / Tax Key Nos. 2296.996 & 2293.996.002
NE ¼ and SE ¼ of Section 34
PETITIONER: Community Development Department – Planning Services
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 010-2013
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 010-2013
A Planning Department site inspection on February 27, 2013 was conducted for site compliance relating to the
annual review. The site inspection revealed that the site was again very out of compliance. The main auto
repair property on the south side had vehicles in place, however, the north lot had many cars out of BSO
compliance on it. The north lot should have no more than 18 “loaner vehicles” placed upon it . The site
inspection revealed upwards of 45 vehicles on this lot with the majority being parts or for sale type vehicles.
This vacant lot has gotten totally out of control. Also, a limo being advertised as “for rent” was found on the
corner of this lot up by Hwy 36.
STAFF RECOMMENDATION PC 010-2013
Staff sent the owner a letter requesting their presence at tonight’s meeting to discuss this matter
further. As PC may recall it has always been the owner’s idea to rebuild on the northern lot in order to
cure many of these past violations. In fact, PC has approved the BSO for this site about a year and a
half ago. Having the owner at the meeting can help us better determine a course of direction. At the
very least we will have to direct a timeframe for compliance and publicly note that citations would
otherwise be issued. We may also have to go down the path of removing the allowance for any storage
use of the vacant northern lot in order to finally gain compliance.
RESOLUTION #P.C. 010-2013
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 ¼ & SE ¼ OF SECTION 34
(TAX KEY NOS. 2296.996 & 2293.996.002 / S107 W 16311 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.
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.
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 c ontained 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 5, 2013
ATTEST: Kellie McMullen, Recording Secretary
City of Muskego
Plan Commission Supplement PC 016-2013
For the meeting of: March 5, 2013
REQUEST: Approval of a BSO Amendment Elliot’s ACE Hardware
Tax Key No. 2169.999.007 / S64 W15732 Commerce Center
NE ¼ of Section 3
PETITIONER: Elliot’s ACE Hardware
INTRODUCED: March 5, 2013
LAST AGENDA: N/A
PREPARED BY: Jeff Muenkel, AICP
BACKGROUND PC 016-2013
Elliot’s ACE Hardware was approved by Planning Commission in 2012 for an amendment to their BSO to allow
some miscellaneous outdoor sales of pa llets of merchandise. If Planning Commission recalls this approval was for
one year only and any future request would have to come before PC for further review. ACE is requesting the same
setup as in 2012 below.
DISCUSSION PC 016-2013
The petitioners submitted the attached map and narrative outlining their request. Like last year they are requesting
to have pallet goods during the summer months and some sidewalk plant stands during the fall months. The goods
would follow these regulations:
Pallets would be kept at one pallet high and only one pallet deep
Pallets would constantly be kept free of all shrink wrap and kept neatly stacked
Broken bags would be removed and repaired immediately/cleaned up daily
Pallets would not exceed seven feet in height
Summer Pallets would be displayed from March 1st - Sept 1st
Fall goods would be from Sept 1st – Nov 15th
Pallets would have 20x24 price signs on the front of each pallet
STAFF RECOMMENDATION PC 016-2013
Last year the Planning Commission approved the request however the resolution was amended to only allow
pallets to be five feet in height or less. Staff made this change already on this year’s resolution.
As far as the request itself staff has to say that ACE did indeed keep the outdoor sales area in a ver y appealing
state. Every pallet was kept very tidy and the signage was tasteful and complimented the overall site and structure.
The tough aspect with this approval is that the city has somewhat gone down the path of approving outdoor storage
areas for the various businesses in this area in order to hopefully keep outdoor storage sales inside. We see this in
both Wal-Mart and ACE in that they have large outdoor storage and sales areas already built into their structures.
In the end, Plan Commission did originally allow outdoor sales areas in front of ACE in their original BSO plan.
Given that and given that ACE set the bar last year in their sales area staff believes that an approval here is
warranted again. As long as all businesses in this area come f orth to Planning Commission first for approvals and
as long as we have caveats on the resolutions that “any ongoing issues would bring this back to Planning
Commission for possible revocation,” we should be in good shape.
Approval of Resolution PC 016-2013
COMMERCE CENTER PKWY
COLLEGE AVE
RS-1RS-3
BP-1 BP-3
B-3
COMMERCE CENTER PKWY
COLLEGE AVE
RS-1RS-3
BP-1 BP-3
B-3
Resolution #PC 016-2013
Petitioner: Elliot's Ace HardwareS64 W15732 Commerce Center
Prepared by City of Muskego
Planning Department
2/26/2013
Scale:
W O O D S R D
RACINE AVE
NORTH CAPED
U
R
H
A
M
COLLEGE
L O O M I S R D
J A N E S V I L L E
Area of Interest
¯
L E G E N D
0 250 500125 Feet
Supplemental Map
Property
Right-of-way
Hydrograp hyAerial Photo Date: April 2010
Zoning Districts
Agen da Ite m(s)
RESOLUTION #P.C. 016-2013
APPROVAL FOR A BSO AMENDMENT TO THE ELLIOT’S ACE HARDWARE PROPERTY LOCATED
IN THE NE ¼ OF SECTION 3
(S64 W15732 COMMERCE CENTER DRIVE / TAX KEY NO. 2169.999.007)
WHEREAS, A BSO amendment request has been submitted by Elliot’s ACE Hardware for their property
located at S64 W15732 Commerce Center Drive, and
WHEREAS, The request is for Elliot’s to place pallets of merchandise along the sidewalks in front of the
entrances to the outdoor garden center and front entrances, and
WHEREAS, The submitted map shows that ACE would have up 3-4 pallets west of the garden center
entrance, 10-12 pallets between the garden center entrance and main entrance, and 4-6 pallets east of
the main entrance, and
WHEREAS, The outdoor storage would follow the following regulations:
Pallets would be kept at one pallet high and only one pallet deep
Pallets would constantly be kept free of all shrink wrap and kept neatly stacked
Broken bags would be removed and repaired immediately/cleaned up daily
Pallets would not exceed five feet in height
Summer Pallets would be displayed from March 1st - Sept 1st
Fall goods would be from Sept 1st – Nov 15th
Pallets would have 20x24 price signs on the front of each pallet.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for the
outdoor sales subject to the following conditions:
1. The approval is for the years of 2013/2014.
2. The specific regulations listed above must be followed at all times.
3. That any ongoing issues would bring this back to Planning Commission for possible
revocation.
Plan Commission
City of Muskego
Adopted:
Defeated:
Deferred:
Introduced: March 5, 2013
ATTEST: Kellie McMullen, Recording Secretary