PCR2022033 Jax's Wheel Food BSO AmendRESOLUTION #P.C. 033-2022
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR
JAX'S WHEEL FOOD LOCATED IN THE SW % OF SECTION 16
(TAX KEY NO. 2223.994.004 / W184 S8365-95 CHALLENGER DRIVE)
WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment
for Jax's Wheel Food located at W184 S8365-95 Challenger Drive / Tax Key No. 2223.994.004,
and
WHEREAS, The petitioner is proposing to operate a mobile food cart in the parking area of the
Muskego Feed and Seed business in the industrial park, and
WHEREAS, The petitioner is first seeking approval for a 60-day trial period where for the first
month the food cart would only be on -site at Muskego Feed and Seed on Monday's and then for
the second month the food cart would be there on Monday's and two of the four Fridays, and
WHEREAS, Hours of operation will be from 11:00 AM to 1:00 PM, and
WHEREAS, The petitioner would prefer to set up the cart in the parking stalls located on the
opposite side of the traffic lane from the store entrance, and
WHEREAS, The food that will be sold is prepared (cooked) ahead of time and assembled based
on the customer's order, and
WHEREAS, The food cart is completely self-contained so there will not be any generators or
extension cords required for operation, and
WHEREAS, After the lunch hours are completed the cart is packed up, as it is self-contained, and
is removed from the site, and
WHEREAS, The owner of the property has approved the food cart use on the trial basis, and
WHEREAS, There may be pending changes to the Municipal Code for food carts/food trucks that
are currently being reviewed and details being finalized prior to any public meetings and as such,
this operation will be required to follow any licensing or regulations created as part of any future
code amendments.
THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and
Operation Plan amendment for Jax's Wheel Food at W184 S8365-95 Challenger Drive / Tax Key
No. 2223.994.004.
BE IT FURTHER RESOLVED, If there is a schedule change, location change or an issue arises,
the petitioner at that time would need to submit for a new Building, Site and Operation Plan
Amendment to continue operations.
BE IT FURTHER RESOLVED, After the trial period, if there are no issues/concerns, then the use
is allowed to continue on this site, as long as no concerns/issues arise.
BE IT FURTHER RESOLVED, If any lighting or signage is proposed separate reviews and
permits will be required and all City required lighting specs must be met, include all fixtures being
full cut-off with zero degree tilt.
BE IT FURTHER RESOLVED, The food cart must remain on private property while in operation
and cannot be located within the right-of-way.
BE IT FURTHER RESOLVED, If any complaints are received regarding the parking, traffic, noise,
trash, etc., the petitioner must immediately rectify the noise issues via City staff and/or come back
to the Plan Commission for another BSO amendment for a solution to the complaints.
BE IT FURTHER RESOLVED, A copy of said plans must 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, 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: May 3, 2022
Denied:
Deferred:
Introduced: May 3, 2022
ATTEST: Adam Trzebiatowski, Planning Manager