PC TB Minutes 5-6-26

TOWN OF MUKWONAGO JOINT PLAN COMMISSION AND TOWN BOARD MINUTES Wednesday May 6, 2026 Chairman Topczewski called the meeting to order at 6:30pm and stated the meeting had been appropriately noticed. Plan Commission: Commissioners, Bell, Bratz, Moulas, Schuett, Usarek, Supervisor Clabault and Chairman Topczewski were present. Town Board: Chairman Topczewski, Supervisors Boucher, Clabault, Wrasman, Yerke were present. Also present: John Macy, Town Attorney; Kelly Mueller, Deputy Clerk-Treasurer; Ben Greenberg, Town Planner. Meeting minutes of April 1, 2026 Plan Commission Action: Motion by Commissioner Schuett to approve the minutes of April 1, 2026 as presented, second by Commissioner Usarek; all in favor; motion passed. Town Board Action: Motion by Supervisor Wrasman to approve the minutes of April 1, 2026 as presented, second by Supervisor Boucher; all in favor; motion passed. Chairman Topczewski open the JOINT PUBLIC HEARING BY PLAN COMMISSION AND TOWN BOARD 6:32pm Chairman read item 5 as follows: Review and consideration of a proposed ordinance amendment to Chapter 36 of the Town of Mukwonago Code of Ordinances to establish regulations for Solar Energy Systems, Utility Scale; Town of Mukwonago, applicant (Application 2026-10). Town Planner gave background of establishing the Solar Energy Systems. Questions were asked by board and planning commission members. Chairman Topczewski asked if anyone wished to speak to come up to the microphone, state their name and address. No one came up to speak. Supervisor Clabault chose to abstain from voting. Plan Commission Action: Chairman Topczewski made a motion to close the public hearing at 6:45pm. Second by Commissioner Bratz, all ayes, motion passed. Town Board Action: Supervisor Wrasman made a motion to close the public hearing at 6:45pm, second by Supervisor Boucher, all ayes, motion passed. Plan Commission Action: Motion by Commissioner Bratz to recommend to the Town Board the adoption of the proposed ordinance based on the findings included therein, subject to the review and approval of the Town Attorney, and further directing the Town Attorney to prepare Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 2 the final enrolled ordinance in a form acceptable for adoption, Second by Commissioner Moulas, all ayes, motion passed. Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Planning Commission the adoption of the proposed ordinance based on the findings included therein, subject to the review and approval of the Town Attorney, and further directing the Town Attorney to prepare the final enrolled ordinance in a form acceptable for adoption, second by Supervisor Wrasman, all ayes, motion passed. Chairman Topczewski read item 6 as follows: Review and consideration of a Conditional Use Permit for seasonal fireworks sales at property located at W298S8944 State Hwy 83 (Tax Key No. MUKT1962994); Freedom Fireworks LLC, applicant; Dustin Hein, agent (Application 2026-09). Plan Commission Action: Chairman Topczewski made a motion to open the public hearing at 6:47, second Commissioner Bratz. All ayes. Town Board Action: Supervisor Wrasman made a motion to open the public hearing at 6:47pm, second by Supervisor Boucher, all ayes. Mr. Greenberg gave an overview. Chairman Topczewski asked if anyone wished to speak to come up to the microphone, state their name and address. Applicant came and gave an overview Dustin Hein 1803 Thomas Drive, East Troy, WI Questions were asked by board members regarding sales, parking, other locations Chairman opened this item for public comments, no one from the public spoke. Discussion followed and questions by members. Plan Commission Action: Chairman Topczewski made a motion to close the public hearing at 7:08, second by Commissioner Schuett. All ayes. Town Board Action: Motion by Supervisor Wrasman to close the public hearing at 7:08PM, second by Supervisor Boucher. All ayes. Chairman went over Part 2. Special Conditions Imposed by the Town. Plan Commission Action: Motion by Commissioner Bratz to recommend to the Town Board approval of the Conditional Use Permit for seasonal fireworks sales, subject to the conditions listed below. Second by Commissioner Schuett, Supervisor Clabault opposed. Motion passed. Initial conditions of approval. The following conditions shall be satisfied prior to the issuance of the conditional use permit: (a) Acceptance of Conditions. The property owner is required to accept the terms and conditions of this conditional use order in its entirety in writing. If the property owner does not sign this instrument and return it to the Town Administrator within six (6) months of approval, this order is null and void. Prior to such expiration, the Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 3 property owner may request an extension to this time period and the Town Board may approve an extension with good cause. (b) Conditional Use Order. This order must be recorded against the subject property in the Waukesha County register of deeds office (only if the above subsections have been satisfied). (c) Site Layout Approval. A final site layout plan consistent with the application materials shall be on file with the Town. The Site Plan shall clearly identify: (1) Location of tent and storage container (2) Parking areas and access (3) Separation distances (4) Portable restroom location (d) Road Access. The applicant shall submit documentation demonstrating that the Wisconsin Department of Transportation (WISDOT) has approved access to State Highway 83 for the proposed use, if such approval is required. (e) Fire Department Review. The applicant shall obtain review and approval from the Town Fire Department for the proposed fireworks sales operation, including tent layout, flammable material storage, fire extinguisher placement, and safety measures. (f) Compliance with State Law. The applicant shall demonstrate compliance with Wisconsin Statutes §167.10 and any other applicable state regulations governing the sale of fireworks. (g) Insurance. Proof of liability insurance in an amount acceptable to the Town shall be submitted prior to operation, $5,000,000.00 (h) Portable Sanitation. A portable restroom shall be provided and maintained in a sanitary condition for the duration of the sales period. (i) Signage Compliance. All signage shall comply with the Town of Mukwonago Sign Code. Any temporary signage shall be removed at the conclusion of the sales period. (j) Required Approvals Prior to Establishment. Prior to establishment of the use, the applicant shall obtain all permits, licenses, and approvals required under applicable Town, County, State, and Federal regulations, and provide this documentation. 4. Establishment of use: Following issuance of the conditional use permit set forth in section 3 above, the use as authorized herein must be established within 12 months of such permit. 5. Appeals. An aggrieved person may appeal this approval to a court of competent jurisdiction. Any work done by the applicant as authorized by the approval is done at the applicant’s risk. 6. Ongoing conditions of approval. The following conditions shall constitute an ongoing obligation: (a) Site Operation. The use shall operate in accordance with the approved application materials and site layout plan. Any deviation shall require review and approval by the Town (b) Parking and Traffic. All parking shall occur on-site within designated areas. No parking shall occur within the public right-of-way or in a manner that impedes traffic on State Highway 83 or adjacent properties. (c) Safety and Fire Protection. The applicant shall maintain all fire safety measures identified in the application, including: (1) Fire extinguishers. (2) No-smoking enforcement within 50 feet of the sales area (3) Clear access and egress within the tent (d) Storage Container. The storage container shall be considered an accessory structure and shall: (1) Be limited to the duration of the seasonal sales operation (2) Be removed in accordance with the required cleanup timeline, 48 hours. (3) Not be used for any permanent or long-term storage (e) Clean-Up and Maintenance. The property shall be maintained in a clean and orderly condition at all times. All debris, merchandise, and temporary structures shall be removed in accordance with Section 14.10 requirements (f) Duration of Use. This approval authorizes a temporary, seasonal use only. No year -round commercial use is permitted unless separately approved. (g) Compliance with Laws. All operations shall comply with all applicable Town, County, State, and Federal regulations. (h) Enforcement / Revocation. Failure to comply with the conditions of this approval may result in enforcement action, including revocation of the Conditional Use Permit. (i) Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to the classification of use, the question shall be submitted to the plan commission for determination. Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 4 (j) No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, Waukesha County, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by town ordinance or other law. (k) This conditional use hereby authorized shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the plan commission as being in compliance with all pertinent ordinances. (l) All buildings and grounds shall be maintained in a neat, attractive and orderly way. (m) The property shall comply with all rules and regulations of the Town of Mukwonago, including submission to routine inspections by the town staff and fire department staff. (n) Should the permitted conditional use be abandoned in any manner, or discontinued in use for 12 months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to the town, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be subject to termination in accordance with the procedures set forth in Division 8 of the Town of Mukwonago Zoning Code. (o) Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized herein, shall require review and approval in accordance with the procedures in effect at the time. This includes, but is not limited to, any expansion of the use, such as an increase in the sales area, the addition of structures or storage, expansion of outdoor activity areas, or extension of the duration or intensity of the use. Such changes shall require amendment of this Conditional Use Permit unless otherwise determined by the town board to be minor and consistent with the approved use. (p) Unless this conditional use order expressly states otherwise, plans that are specifically required by this conditional use order may be amended upon the prior approval of the plan commission if the plan commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the plan commission feels, in its sole discretion, to be substantial shall require review and approval in accordance with the procedures in effect at the time. (q) As a condition precedent to the issuance of the conditional use permit, the owner of the subject property shall approve the issuance of this conditional use order upon the terms and conditions described herein in writing, and the petitioner is required to accept the terms and conditions of the same in its entirety in writing. (r) Petitioner shall, on demand, reimburse the town for all costs and expenses of any type that the town incurs in connection with this application, including the cost of professional services incurred by the town (including engineering, legal, planning and other consulting fees) for the review and preparation of the necessary documents or attendance at meetings or other related professional services for this application, as well as for any actions the Town is required to take to enforce the conditions in this conditional approval due to a violation of these conditions. (s) Any unpaid bills owed to the town by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the town; shall be placed upon the tax roll for the subject property if not paid within 30 days of billing by the town, pursuant to s. 66.0627, Wis. Stats. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the town, including possible cause for termination of this approval. (t) The petitioner is obligated to file with the town clerk a current mailing address and current phone number at which the petitioner can be reached, which must be continually updated by the petitioner if such contact information should change, for the duration of this conditional use. If the petitioner fails to maintain such current contact information, the petitioner thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use. (u) Should any paragraph or phrase of this conditional use order be determined by a court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use order and the remainder shall continue in full force and effect. (v) If any aspect of this conditional use order or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the plan commission. Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 5 (w) If the property owner/operator is a business entity, such as a limited liability company or a corporation, such entity shall for the life of the conditional use continuously maintain a registered office in the state as evidenced by registration with the state department of financial institutions. (x) The property owner shall not change the size and/or shape of the subject property by any means without the approval of the town board. If the town board determines that a proposed change is substantial with regard to the overall size of the parcel and/or configuration, such change shall require issuance of a new conditional use approval pursuant to the requirements in effect at the time of application. (y) This approval is given under the town’s zoning code and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants. (z) If this conditional use terminates for any reason, the property owner is obligated to remove any improvements specifically related to the conditional use and which cannot be utilized for an approved use (i.e., a use permitted by right or a different conditional use as approved). (aa) The conditional use permit shall be reviewed one year after permit issuance by the plan commission in order to determine conformance with the terms of the permit and its compatibility with the adjacent land uses. Failure to conduct such review shall not invalidate any subsequent review or any enforcement proceeding. If it is determined that the conditional use permit is no longer compatible, or that the provisions of the permit have not been complied with, the conditional use permit may be revoked or amended in accordance with the procedures set forth in Article 5. (bb) Term Duration. The conditional use shall remain valid for a period of one (1) year, unless otherwise revoked, terminated or modified by action of the plan commission or town board, pursuant to the enforcement provisions of this conditional use order and in accordance with all applicable ordinances. (1) Automatic Renewal: At the conclusion of the one-year term, the conditional use shall automatically renew for an additional one-year term unless the plan commission identifies concerns regarding compliance with the conditions of approval, applicable ordinances, or substantial public complaints about the applicant’s operations. This will be reviewed at the February planning meeting. (2) If concerns are identified during the compliance review or raised by the public, the plan commission or town board may remove the conditional use from automatic renewal and require a public hearing to determine whether renewal is appropriate. (3) The applicant shall be notified in writing at least sixty (60) days prior to the expiration date if the conditional use is removed from automatic renewal, including reasons and next steps. (4) Continuation of Operations During Review: If the conditional use is removed from automatic renewal, the applicant may continue operations under the existing conditional use until the plan commission or town board makes a final determination on renewal, provided the applicant is actively working to address any identified issues. (5) Expiration without renewal: If the conditional use is not renewed due to a failure to address identified concerns or through a final determination by the plan commission or town board, the conditional use shall expire, and all operations authorized under the conditional use shall cease. (6) Notification of Automatic Renewal: The Zoning Administrator shall provide a courtesy notice to the applicant confirming the automatic renewal at least thirty (30) days prior to the expiration of the current term. (cc) Annual Zoning Permit Requirement. The applicant shall obtain a zoning permit on an annual basis prior to commencement of each seasonal sales operation. (1) Scope of Permit. The annual zoning permit shall apply to all temporary structures, site layout, and operational components associated with the seasonal sales use, including but not limited to the tent, storage container, parking areas, and any accessory features. (2) Consistency with Conditional Use Order. The Zoning Administrator shall verify that the proposed annual operation is consistent with this conditional use order and all approved plans prior to issuance of the zoning permit. (3) Fire and Safety Compliance. As part of the annual zoning permit process, the applicant shall obtain any required review and approval from the Town Fire Department and demonstrate compliance with all applicable fire codes, life safety requirements, and operational safety measures prior to commencement of sales. (4) Denial or Withholding of Permit. The Zoning Administrator may withhold issuance of the annual zoning permit if the applicant fails to demonstrate compliance with this conditional use order or applicable ordinances. (5) Effect of Non-Issuance. Failure to obtain the required annual zoning permit shall prohibit operation of the seasonal use for that calendar year but shall not, by itself, terminate the underlying conditional use approval. Town Board Action: Motion by Supervisor Yerke to accept the recommendation of the Planning Commission to approve the Conditional Use Permit for seasonal sales, subject to the Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 6 conditions listed. Second By Chairman Topczewski. Opposed by Supervisor Clabault and Supervisor Boucher. Motion passed. Review and consideration of special exception requests pursuant to Chapter 36 to exceed the maximum allowable detached accessory building floor area and maximum allowable building height for a proposed accessory structure at property located at S96W32528 Valley Court Rd.; Dawson Greenwald and Brooke Zander, owners; Josh Obert – Walters Buildings, agent (Application 2026-11). Mr. Greenberg gave an overview The applicant spoke and gave an explanation, and agent was also present Discussion followed Plan Commission Action: Motion by Chairman Topczewski to deny the approval of the special exception requests to exceed the maximum allowable accessory building floor area and maximum allowable accessory building height. based on the request for three times the allowed square footage stated in the ordinance. Second by Commissioner Clabault. Opposed by Commissioner Schuett. Motion passed. Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the Planning Commission to deny the approval of the special exception requests to exceed the maximum allowable accessory building floor area and maximum allowable accessory building height. Second by Chairman Topczewski. Opposed by Supervisor Yerke and Supervisor Wrasman. Motion passed. Conceptual review of a proposed seven (7) lot residential land division on approximately 23.34 acres located at S78W30182 Sugden Road; Relentless Properties LLC, applicant; Ryan Koch, agent (Application 2026-12). Mr Greenberg gave an overview. Ryan Koch 5200 Deer Rd, East Troy Applicant spoke. Joint discussion followed Review and consideration of a proposed amendment to the Whispering Oaks Subdivision Declaration of Restrictions to transition the homeowners association (HOA) to a maintenance only structure; Whispering Oaks HOA, applicant; Kevin Olp, agent (Application 2026-13). Mr. Greenberg gave an overview. The attorney spoke The applicant spoke Kevin Olp S94W32635 Hickorywood Trail, resident and VP of the HOA Discussion followed Chairman recommended for them to meet with an attorney and/or title company and the Board would not take any action Joint Plan Comm/Town Board Minutes January 8, 2025 Page | 7 Planning commission Action: Motion by Chairman Topczewski to deny the request for amendment to the Whispering Oaks Subdivision Declaration of Restrictions to transition the homeowners association (HOA) to a maintenance only. Second by Commissioner Usarek. All ayes. Town Board Action: Motion by Supervisor Boucher to accept the recommendation of the planning commission to deny the application. Second By Supervisor Wrasman, all ayes. Motion passed. Report by Building Inspector regarding any alleged or outstanding violation(s) none Town Planner report (no packet materials) office hours for planner at the Town Hall Recommendations for future agendas Supervisor Boucher would like to take about transparency from planner of permits issued Miscellaneous updates (none) A. Phantom Lake Management District - none B. Fox River Commission- Commissioner McNelly-Bell will be new representative Next meeting date- June 3,2026 Adjournment Plan Commission action: Motion by Chairman Topczewski to adjourn at 9:03pm, second by Commissioner Bratz. All ayes, motion passed. Appeal of Invoices #7584, #7585, #7586, #7602 & #7613 by Maureen Aliota, Clydesdale Farms South HOA. No representative from the HOA was present Discussion by Town Board Town Board Action: Motion by Supervisor Boucher to move this item to June meeting. Second by Chairman Topczewski. All ayes, motion passed. Adjournment Town Board action: Motion by Supervisor Yerke to adjourn at 9:08pm, second by Supervisor Boucher. All ayes, motion passed. Respectfully submitted, Kelly Mueller Deputy/Clerk-Treasurer Approved