STAFF RECOMMENDATION PC 001-

Approval of Resolution PC 001-2021, subject to the discussion of the noted items above and recommendation to Common Council in favor or rezoning the property.

AMENDED

RESOLUTION #P.C. 001-2021

RECOMMENDATION TO COMMON COUNCIL FOR REZONING, APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT AND CONDITIONAL USE GRANT FOR WISCO CARTS & MILWAUKEE CAMPER RENTAL LOCATED IN THE NE ¼ OF SECTION 17

(TAX KEY NO. 2225.984 / S80 W19025 JANESVILLE ROAD)

WHEREAS, A submittal was received from Wisco Carts & Milwaukee Camper Rental for a Rezoning, Building, Site and Operation (BSO) Plan and Conditional Use Grant (CUG) located at S90 W19025 Janesville Road / Tax Key No. 2225.984, and

WHEREAS, The petitioner is requesting a recommendation for rezoning, BSO approval and CUG approval for a business along Janesville Road, and

WHEREAS, Rezoning from B-2 Local Service Center District to B-3 General Business District is needed as golf carts would be considered vehicles where sales and service would be allowed pending the CUG approval, and

WHEREAS, The 2020 Comprehensive Plan identifies this area as commercial uses and no Comprehensive Plan change is required as part of this rezoning, and

WHEREAS, Access to the business is directly from Janesville Road with three customer parking stalls in front between Janesville Road and the building with four additional spaces toward the rear of the building, and

WHEREAS, There still needs to be a 24-foot drive aisle kept open and free from any campers and/or golf carts, and

WHEREAS, All camper and golf cart loading and unloading will take place near the rear of the business, and

WHEREAS, Golf cart accessories and the web-based part sales will be housed in the front of the building, or showroom area, and

WHEREAS, The detached garage will be the location of the golf cart repairs and services, and WHEREAS, The campers would be stored on the area shown between the existing building and the detached garage that has limestone traffic bond laid down to provide additional parking/storage area, and

WHEREAS, There is a concrete area in front of the main building that is proposed to be used for the display of gold carts, only during business hours, and outside of business hours all gold carts must be stored indoors.

WHEREAS, Other than as specifically noted above, no outdoor storage is proposed for any parts or products, therefore all storage of parts and products must be stored indoor, and

WHEREAS, There will be no outside storage or display of wrecked or non-movable or non- operable golf carts, and

WHEREAS, The hours of operation are to be from 9:00 AM to 6:00 PM Monday through Friday and 8:00 AM – 2:00 PM on Saturday and closed on Sunday, and

WHEREAS, No new lighting or signage has been proposed at this time, and

WHEREAS, Future expansion for golf cart and camper storage behind the detached garage may be needed pending future business needs.

THEREFORE BE IT RESOLVED, The Plan Commission recommends the Common Council approve the rezoning from B-2 Local Service Center District to B-3 General Business District and approves of a Building, Site and Operation Plan and Conditional Use Grant for Wisco Carts & Milwaukee Camper Rental at S80 W19025 Janesville Road / Tax Key No. 2225.984.

BE IT FURTHER RESOLVED, An annual review should occur for this property/business in 2022 to review overall operations and the Plan Commission can determine at that time if said annual review will continue to be needed.

BE IT FURTHER RESOLVED, A maximum of six golf carts can be displayed in the designated display area.

BE IT FURTHER RESOLVED, Each of the golf carts displayed in front of the building in the area identified for display will be moved back into the garage at the close of business each day.

BE IT FURTHER RESOLVED, All loading and unloading of the golf carts will take place near the rear of the business.

BE IT FURTHER RESOLVED, At no time should parts or wrecked or non-movable or non- operable golf carts be stored outside.

BE IT FURTHER RESOLVED, The camper storage area must be surfaced with concrete or asphalt.

BE IT FURTHER RESOLVED, All parking in the drive aisle is prohibited in order to maintain a clear width of at least 24 feet.

BE IT FURTHER RESOLVED, Any new/altered exterior lighting (wall mounted and/or pole mounted) will need approvals from the Planning Division before any lighting changes can be made and all City required lighting specs must be met, include all fixtures being full cut-off with zero degree tilt.

BE IT FURTHER RESOLVED, Signage and banners displayed on vehicles/golf carts/campers for sale is prohibited, except for any vehicle disclosure information that must be visible as required by State Law.

BE IT FURTHER RESOLVED, That all bollards must be colored to match the colors of the principal structure.

BE IT FURTHER RESOLVED, That any new handicap signs be placed permanently in the ground or mounted to the building.

BE IT FURTHER RESOLVED, Any building or site signage (temporary or permanent) will require further review and approvals.

BE IT FURTHER RESOLVED, Any additional outdoor display or storage/parking areas will require separate Plan Commission re-review.

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: February 2, 2021 Denied: Deferred: Introduced: February 2, 2021

COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1456

AN ORDINANCE TO AMEND CHAPTER 267, SECTIONS 267-4., 267-6., 267-7. C. AND 267-18., OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO

(Peddlers, Solicitors and Transient Merchants)

THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS:

SECTION 1: Chapter 267, Section 267-4., of the Municipal Code of the City of Muskego, is hereby amended to read as follows:

§ 267-4. Application for license.

A sworn,written application for a license under this chapter shall be filed with the City Clerk- Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the necessary information from the applicant as thatthe Police Department shall need for the effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse. Applicants shall present a valid driver's license at the time the application is submitted or some other proof of identity as may be reasonably required. Any sales to be conducted on property governed by the Public Works and Development Department must comply with Chapter 259 of the City Code.

A. Peddlers and solicitors. The applicant who is the prospective licensee must obtain a

license in his/her own name. The prospective licensee must further obtain a permit for each individual person peddling or soliciting. The prospective licensee and each person peddling or soliciting under the licensee are required to remit fees as set forth in § 267-5.

B. Transient merchants. The applicant who is the prospective licensee must obtain a license in his/her own name. The prospective licensee is required to remit fees as set forth in § 267-5. Applicants for a transient merchant license must contact the Public Works and Development Department to determine if review and approval is needed by the Plan Commission. The Clerk-Treasurer will not issue the license until such approval is obtained. SECTION 2: Chapter 267, Section 267-6., of the Municipal Code of the City of Muskego, is hereby amended to read as follows:

.

§ 267-6. Charitable organizations.

Any organization defined as a charitable organization shall file a sworn,written application with the City Clerk-Treasurer on a form provided by the Clerk-Treasurer's office. The form shall require the necessary information from the applicant as thatthe Police Department shall need for the effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse.

A. Charitable organizations are exempt from payment of the license fee, except for the investigation fee for each representative of the organization. The fee charged shall be based on the actual costs associated with the investigation and is nonrefundable. B. Proof of tax-exempt status must be furnished to the City Clerk-Treasurer.

Ordinance #1456

SECTION 3: Chapter 267, Section 267-7. C., of the Municipal Code of the City of Muskego, is hereby amended to read as follows:

§ 267-7. Investigation and issuance.

C. If the Chief of Police finds the application cannot be approved per the standards of Subsection B, the Chief shall state, in writing, his reasons for doing so, including a

statement of how the circumstances of the offense relate to the particular licensed activity, and return said application to the City Clerk-Treasurer, who shall notify the applicant that the application is disapproved and that no license will be issued. In this event, the

applicant shall be given an opportunity to appeal before the Finance Committee to show evidence of rehabilitation and fitness to engage in the licensed activity. The Finance Committee shall consider the factors stated in Wis. Stats. 111.355(4)(d) 111.335(4)(d)in making its determination regarding evidence of rehabilitation and fitness to engage in the licensed activity.

SECTION 4: Chapter 267, Section 267-18., of the Municipal Code of the City of Muskego, is hereby amended to read as follows:

§ 267-18. Sales events.

The individual exhibitors involved in a sales event, as defined in § 267-2, shall not be required to obtain individual licenses as provided in this chapter; provided, however, that the following conditions are complied with:

A. The person organizing the event, or an agent if the event is being organized by a

corporation, shall obtain a sales event license from the City Clerk-Treasurer of the City of Muskego.

B. In order to obtain a sales event license, the applicant must file a sworn,written application with the City Clerk-Treasurer on a form to be furnished by the City Clerk-Treasurer. The form shall require the necessary information as thatthe Police Department shall need for effective enforcement of this chapter and safeguarding of the residents of the City from fraud, misconduct or abuse.

C. The applicant must obtain a separate license for each day that the sales event takes place.

D. Upon receipt of the application, the application shall be referred to the Chief of Police for investigation pursuant to § 267-7.

E. The applicant for a sales event licensee shall pay a daily fee for each day that the sales event takes place as set by a resolution approved by the Common Council.

SECTION 5: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict.

SECTION 6: This Ordinance shall be in full force and effect from and after its passage and publication.

Ordinance #1456

CITY OF MUSKEGO

_______________________________ Rick Petfalski, Mayor

ATTEST: First reading: January 26, 2021

Clerk-Treasurer

Ordinance Published:

APPROVED