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Plan Commission Packet - 4/7/2015 CITY OF MUSKEGO PLAN COMMISSION AGENDA April 7, 2015 6:30 PM 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 MARCH 3, 2015 MEETING. CONSENT BUSINESS Recommended for approval en gross. RESOLUTION #PC 016-2015 - Approval of Two Lot Certified Survey Map for the Loomis property located in the NW & SW 1/4 of Section 14 (Tax Key No. 2214.997.004 / S82 W15435 Mystic Drive). RESOLUTION #PC 017-2015 - Approval of a Building, Site, and Operation Plan Amendment to the Elliot's Ace Hardware property located in the NE 1/4 of Section 3 (S64 W15732 Commerce Center Drive / Tax Key No. 2169.999.007). RESOLUTION #PC 019-2015 - Approval for the Sale of Plants and Flowers for Andrew Werner (AW Greenhouses) near Preferred Fitness located in the NW & SW 1/4 of Section 10 (S74 W17009 Janesville Road / Tax Key No. 2199.999.022). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 015-2015 - Approval of a Building, Site, and Operation Plan Amendment for a Parking Lot for John Jewell located in the NE 1/4 of Section 9 (Janesville Road / Tax Key No. 2193.070). RESOLUTION #PC 018-2015 - Approval for a Building, Site, and Operation Plan Amendment for Basse's Country Delight Farm Market located in the SE 1/4 of Section 3 (S70 W16050 Janesville Road / Tax Key No. 2172.999). RESOLUTION #PC 020-2015 - Approval of a Building, Site and Operation Plan Amendment for Atonement Lutheran Church located in the SE 1/4 of Section 3 (Tax Key 2172.095 / S70 W16244 Martin Drive). 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 Plan Commission Agenda 2 April 7, 2015 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. Unapproved CITY OF MUSKEGO PLAN COMMISSION MINUTES March 3, 2015 6:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Acting-Chairman Ald. Borgman called the meeting to order at 6:30 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Ald. Borgman, Ald. Wolfe, Commissioners Bartlett, Stinebaugh, and Jacques. Also present: Director Muenkel and Recording Secretary McMullen. Absent: Commissioners Hulbert and Buckmaster. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF THE FEBRUARY 3, 2015 MEETING. Commissioner Jacques made a motion to approve the minutes of the February 3, 2015 meeting. Alderman Wolfe seconded. Motion Passed 5 in favor. PUBLIC HEARING Public Hearing for the renewal of a Conditional Use Grant 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 1/4 and SE 1/4 of Section 13 (Tax Key No. 2230.996 / W217 S8425 Crowbar Road. Director Muenkel explained as part of this renewal the bond to restore the property was increased by $30,000 to $317,000. A representative of Payne & Dolan was present and stated they haven't received any complaints this past year. Ald. Englehardt stated he hasn't received any complaints either. With no questions or comments to come before the Commission, Ald. Borgman closed the Public Hearing at 6:34 PM. Public Hearing for Emmaus Fellowship Church requesting a Conditional Use Permit in accordance with the Muskego Zoning Ordinance for the purpose of allowing religious facilities within a portion of the Storage Master - Mug Place building located at S66 W1444 Janesville Road / Tax Key No. 2165.973). Plan Commission Minutes 2 March 3, 2015 Director Muenkel explained a Conditional Use Grant is required in this zoning district for religious services. Staff sees no issue with this proposal. Temporary signage will have to follow the codes. Pastor Rich Andrews introduced himself and stated he could answer any questions on behalf of Emmaus Fellowship. With no questions or comments, Ald. Borgman closed the Public Hearing at 6:36 PM. CONSENT BUSINESS Recommended for approval en gross. Commissioner Jacques made a motion to approve consent business engross. Alderman Wolfe seconded. Motion Passed 5 in favor. RESOLUTION #PC 007-2015 - 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 1/4 and SE 1/4 of Section 17 (Tax Key No. 2230.996 / W217 S8425 Crowbar Drive). RESOLUTION #PC 010-2015 - Approval of an Annual Review for the Durham Hill Auto property located in the NE 1/4 of Section 25 (S98 W12578 Loomis Drive / Tax Key No. 2257.982.002). RESOLUTION #PC 011-2015 - Approval of an Annual Review for Midwest Auto Doctor for auto sales at the property located in the NW 1/4 of Section 16 (Tax Key No. 2221.016 / S81 W18510 Gemini Drive). RESOLUTION #PC 012-2015 - Approval of an Annual Review for Schaefer Snowplowing and Grading LLC located in the NW 1/4 of Section 29 (W195 S9775 Racine Ave / Tax Key No. 2274.998). NEW BUSINESS FOR CONSIDERATION RESOLUTION #PC 008-2015 - Approval of an Annual Review for the George Alex / Robert Jacob property located in the NE 1/4 of Section 25 (Tax Key No. 2257.973.001 / S98 W12575 Loomis Court & W125 S9912 North Cape Road). Commissioner Stinebaugh made a motion to approve RESOLUTION #PC 008-2015 - Approval of an Annual Review for the George Alex / Robert Jacob property located in the NE 1/4 of Section 25 (Tax Key No. 2257.973.001 / S98 W12575 Loomis Court & W125 S9912 North Cape Road). Commissioner Jacques seconded. Commissioner Bartlett made a motion to amend Resolution #PC 008-2015 to read: BE IT FUTHER RESOLVED, That the parking stalls previously approved for the three U- Haul box trucks can be used for the enclosed trailers, employee parking, and work vehicles. This is deemed a non-substantial change. Commissioner Jacques seconded. Motion Passed 5 in favor. Motion Passed 5 in favor. Plan Commission Minutes 3 March 3, 2015 RESOLUTION #PC 009-2015 - Approval of an Annual Review for Frey Auto located in the NE 1/4 & SE 1/4 of Section 34 (S107 W16311 Loomis Road / Tax Key No. 2296.996 & 2293.996.002). Director Muenkel explained this property was found out of compliance due to a gravel parking lot being installed with many more vehicles without permits or Plan Commission approval. Mr. Frey was present and stated he would remove the gravel parking lot and restore the property as soon as the weather allows. RESOLUTION #PC 013-2015 - Approval of a Conditional Use Grant and Building Site and Operation Plan Amendment for Mug Place (inside Storage Master) for Emmaus Fellowship at the property located in the NE 1/4 of Section 2 (Tax Key No. 2165.973 / S66 W1444 Janesville Road). Commissioner Stinebaugh made a motion to approve RESOLUTION #PC 013-2015 - Approval of a Conditional Use Grant and Building Site and Operation Plan Amendment for Mug Place (inside Storage Master) for Emmaus Fellowship at the property located in the NE 1/4 of Section 2 (Tax Key No. 2165.973 / S66 W1444 Janesville Road). Alderman Wolfe seconded. Motion Passed 5 in favor. RESOLUTION # PC 014-2015 - Approval of a Building, Site, and Operation Plan for DeWinter Eye Care located in the NE 1/4 of Section 3 (Tax Key No. 2198.948 / Janesville Road and Bay Lane Drive). Director Muenkel noted more perimeter foundation plantings should be added and will be reviewed by the City Forester prior to building permits being issued. Director Muenkel also explained the mechanicals are shown to be screened on all sides but the north side along Janesville Road. The petitioners need to demonstrate that the mechanicals will not be visible from the northern view or screening will be required. MISCELLANEOUS BUSINESS ADJOURNMENT Al derman Wolfe made a motion to adjourn at 7:01 PM. Commissioner Bartlett seconded. Motion Passed 5 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 016-2015 For the meeting of: April 7, 2015 REQUEST: Two (2) Lot Land Division – Loomis Property S82 W15435 Mystic Drive / Tax Key No. 2214.997.004 NW & SW ¼ of Section 14 PETITIONER: Paul Loomis INTRODUCED: April 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 016-2015 The petitioner is proposing to divide one parcel by Certified Survey Map to create two (2) parcels. The lots will range in size from 101,179 square feet (2.32 acres) to 207,843 square feet (4.77 acres). PLAN CONSISTENCY PC 016-2015 Comprehensive Plan: The 2020 Plan depicts the area for Low Density Residential uses. The proposal is consistent with the Plan. Zoning: The property is currently zoned RS-2 Suburban Residence District, which requires a minimum lot size of 40,000 square feet and average lot width of 220 feet per lot for unsewered lots. The proposal is consistent with the Plan. Parks and Conservation Plan: The 2012-2016 Plan does not depict any park areas on this property. There are high priority conservation areas on this site that appear to be located within the wetlands on the site. All wetlands need to be delineated and shown on the CSM with the proper setbacks and restriction notes. The proposal is consistent with the Plan. Street System Plan: No right-of-way is being dedicated as part of this proposal. Adopted 208 Sanitary Sewer Service Area: All lots are served by private on-site sewer systems. The proposal is consistent with the Plan. Water Capacity Assessment District: All lots are served by private water wells. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted to the Engineering Department before building permits can be issued for any construction. DISCUSSION PC 016-2015 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to occur that will need to be addressed before the CSM can be signed by the City and recorded. There are two items of note that need to be addressed. The first item relates to the wetlands on the property. All wetlands must be delineated on the entire property. Once the wetlands are marked they must be shown on the CSM, along with the 15’ wetland protection offset and the typical wetland protection language. The other item relates to the access to this site. As was discussed/noted at the conceptual review of this land division in early 2015, the existing lot is accessed via an existing 80’ ingress/egress easement connecting to Mystic Drive. Since the originally established easements did not take into consideration this land division and the additional (proposed) lot, a new easement will need to be established to formally allow access from Mystic Drive to these two lots. On this note, you may recall that typically lots need full right-of-way access to complete a land division. This rule can be waived though by Plan Commission if desired. There aren’t specific rules to follow for Plan Commission to waive this land division rule as we haven’t come across such a case in the past from what staff has researched. The way that the petitioner has the proposed land division laid out will easily allow each parcel to have plenty of frontage on the access easement. Staff doesn’t see the proposed land division hampering the surrounding area in any way. In all, staff doesn’t see issue with approval of such a land division with easement access due to the above circumstances. In any other case, staff wouldn’t recommend approval, but given the specific details here including the history with easement access and the proposed new easement, staff looks upon this proposal fondly. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 016-2015 Approval of Resolution PC 016-2015 MUSK EG Othe City of Ar ea o f Inte restI0250500 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 01 6-2015 Pa ul Lo omis S8 2 W 154 35 M ystic D rive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /1 /2 0 1 5 RESOLUTION #P.C. 016-2015 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE LOOMIS PROPERTY LOCATED IN THE NW & SW ¼ OF SECTION 14 (TAX KEY NO. 2214.997.004 / S82 W15435 MYSTIC DRIVE) WHEREAS, On March 23, 2015 a Certified Survey Map was submitted by Paul Loomis for a two (2) lot land division located in the NW & SW ¼ of Section 14 (Tax Key No. 2214.997.004 / S82 W15435 Mystic Drive), and WHEREAS, The Plan Commission discussed this conceptually, with no concerns, under #PC 003-2015 on February 3, 2015, and WHEREAS, The two parcels vary in size from 101,179 square feet to 207,843 square feet, and WHEREAS, Said property is currently zoned RS-2 Suburban Residence District and requiring minimum lot sizes of 40,000 square feet and an average minimum width of 220 feet for unsewered lots, and WHEREAS, The 2020 Plan depicts the area for Low Density Residential uses and the proposal is consistent with the plan, and WHEREAS, All lots are/will be served by private on-site sewer systems and private water wells, and WHEREAS, Access to this lot is currently gained via an existing 80’ ingress/egress easement. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Paul Loomis for a two (2) lot land division located in the NW & SW ¼ of Section 14 (Tax Key No. 2214.997.004 / S82 W15435 Mystic Drive), subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees in Section 18.14(3) of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, That the entire property must have a wetland delineation done and any wetlands discovered on the site must be shown on the CSM and the typical required 15’ wetland protection setback must also be shown on the CSM with the required typical protection language. BE IT FURTHER RESOLVED, That a new ingress/egress easement must be established to specifically identify access being provided to both of the lots on this CSM. BE IT FURTHER RESOLVED, That all technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, That a digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 017-2015 For the meeting of: April 7, 2015 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: April 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 017-2015 Elliot’s ACE Hardware was approved by Planning Commission in 2012 for an amendment to their BSO to allow some miscellaneous outdoor sales of pallets of merchandise. If Planning Commission recalls, the original approval was for one year only and after that the next approval was for two years (2013/2014). At this time the petitioner is looking to continue their outdoor sales allowance. DISCUSSION PC 017-2015 The petitioners submitted the attached map and narrative outlining their request . Like past years 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 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 STAFF RECOMMENDATION PC 017-2015 Staff has observed the outdoor sales over the past three years and there have been no problems. The business has kept all products/displays neat and orderly and the signage has been tasteful and complimented the overall site and structure. The tough aspect with this approval is that the city has been approving permanent outdoor storage areas as part of the construction of the building for the various businesses in this area, in order to hopefully keep outdoor storage sales inside these defined space. 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 forth 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. Lastly, since we have gone a few years now with allowing ACE to have th ese outdoor sales with no issues and with a good history of maintenance and presentation, the resolution is written to make these outdoor sales a permanent BSO amendment. This means that ACE would not need to come back for any re-approvals for these exact outdoor sales as long as all conditions of this approval are met. The only way this would come back to the Plan Commission would be if the petitioner wanted to change their specific approvals or if complaints/concerns would arise. If any complaints/concerns arise in the future, then the Plan Commission has the right to re-review the outdoor sales approval and/or revoke the outdoor sales approvals at any time. Approval of Resolution PC 017-2015 MUSK EG Othe City of Ar ea o f Inte restI0260520 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 01 7-2015 Ellio t's Ace H ar dwar e S6 4 W 157 32 Co mmer ce C e nter D rive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /1 /2 0 1 5 RESOLUTION #P.C. 017-2015 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 (outdoor sales renewal) 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 outdoor sales are now part of the BSO for this site and are allowed annually. 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 reconsideration and/or revocation. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 019-2015 For the meeting of: April 7, 2015 REQUEST: Approval of a Temporary Seasonal Outdoor Garden Center Tax Key No. 2199.999.022 / S74 W17009 Janesville Road (in the parking lot) NW & SW ¼ of Section 10 PETITIONER: Andrew Werner (A.W. Greenhouses) INTRODUCED: April 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 019-2015 The petitioner is proposing a temporary greenhouse structure for the sale of plants and flowers for 2015-2017. The petitioner is A.W. Greenhouses, who Plan Commission approved to house their greenhouse operations in the Muskego Business Park a couple years back. The temporary garden center is proposed within the parking lot in front of Preferred Fitness. The merchandise will be sold in a 21’ x 30’ greenhouse. Outside the greenhouse will be a 36’ x 35’ garden area. This area will be fenced in with an all wood handmade picket fence and a wood arbor at the entrance. Wood tables will be inside the fenced area for flower display. A.W. Greenhouses also has a similar seasonal plant sales operation in the Lincoln Point Plaza parking lot. There is no specific signage at this time, but last year at the other location there were a few tasteful banners hung from the fences. The same may be done this year. Details should be provided to the Community Development Department once known. Operations are proposed from approx. May 9th – July 9th, from 9:00 am to 7:00 pm daily. Permission has been granted for the use of this portion of the site from the property owner and the use of the Water Store’s restroom facilities. DISCUSSION PC 019-2015 The proposal is consistent with operations of other vendors in Muskego. There have been no issues with this business’s other location in the past. The petitioner is requesting this approval for a three year period and staff is recommending said request and the resolution is drafted as such. 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 019-2015 Approval of Resolution #PC 019-2015 MUSK EG Othe City of Ar ea o f Inte restI0160320 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 01 9-2015 AW G ree nh ou se s S7 4 W 170 09 Ja nes v ille Rd J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /2 /2 0 1 5 RESOLUTION #P.C. 019-2015 APPROVAL FOR THE SALE OF PLANTS AND FLOWERS FOR ANDREW WERNER (A W GREENHOUSES) NEAR PREFERRED FITNESS LOCATED IN THE NW & SW ¼ OF SECTION 10 (S74 W17009 JANESVILLE ROAD / TAX KEY NO. 2199.999.022) WHEREAS, A request has been submitted by Andrew Werner (A.W . Greenhouses) to locate a temporary greenhouse in the parking lot in front of Preferred Fitness building located at S74 W17009 Janesville Road, and WHEREAS, The request for outdoor plant sales is for Spring/Summer of 2015-2017, and WHEREAS, One 21’ x 30’ greenhouse and surrounding tables will be used to display the plant and flower merchandise, and WHEREAS, The proposed display area around the greenhouse will be 36’ x 35’ and a fence will enclose the display area, and WHEREAS, The fence will be a handmade wood picket fence with a wood arbor at the entrance, and WHEREAS, No signage specifics have been indicated in the proposal but temporary signage would be allowed once known and submitted to the Community Development Departm ent, and WHEREAS, A site plan has been filed for staff review and that proof of sanitary facility accommodations have been provided, and WHEREAS, An electrical permit and inspection may 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 in the parking lot in front of Preferred Fitness for plant and flower sales for Andrew Werner (A.W . Greenhouses) subject to the following conditions: 1. Dates of operation approved from approx. May 9th to July 9th 2015, 2016, and 2017, and 2. Hours of operation permitted only from 9 am to 7 pm daily, and 3. A letter of approval from the property owner has been submitted to the Planning Department approving rental space and letter has been provided allowing restroom facility usage, 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 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: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 015-2015 For the meeting of: April 7, 2015 REQUEST: Building, Site and Operation Amendment for a permanent parking lot for John Jewell Tax Key No. 2193.070 NE ¼ of Section 9 PETITIONER: John Jewell INTRODUCED: March 2015 LAST AGENDA: N/A PREPARED BY: Jeff Muenkel, AICP BACKGROUND PC 015-2015 The petitioner has submitted a layout for approval for a permanent parking lot in downtown Muskego along Janesville Road (former Shell Gas Station lot). Plan Commission required approval of a permanent lot per Resolution #004-2015 which allowed temporary parking on the lot in the meantime. DISCUSSION PC 015-2015 As Plan Commission knows, the former Shell Gas Station lot, on the NW corner of Lannon Drive and Janesville Road, has been vacant for a couple years now. The vacancy was a result of the Janesville Road reconstruction project. Waukesha County required that the structures be removed on the property to make way for the reconstruction, however, the private owner has retained the vacant leftover remnant. Since this time the property has sat vacant with the majority covered in hard surface asphalt. The portions covered in asphalt are required due to a Wisconsin Department of Natural Resources cap order since the parcel is largely contaminated underneath. Basically, building can still occur on the lot but if any soils are disturbed on the property they would have to be tested and remediated. Mr. John Jewell is the owner and builder of the new property across the street w here the former BP Gas Station existed. Mr. Jewell received approval from the Planning Commission as per PC Resolution #004- 2015 to allow temporary parking on the old Shell lot as long as he received permanent parking approval before August 31, 2015. The permanent parking lot improvements are before Planning Commission tonight and consist of resurfacing the entire lot, adding additional asphalt areas, landscaping, and ultimately allowing 19 parking stalls meeting City of Muskego ordinances. The new parki ng lot would connect to the Tres Locos parking lot and access to the north. An access easement and agreement with Tres Locos to share the parking lot has been reached and is a requirement of the resolution tonight. While landscaping general locations are shown the resolution is subject to a formal landscape plan being approved by the Community Development Department. Further, the site plan shows a possible location for a future Tres Locos monument sign on the southeast corner of the lot. The resolution allows the sign location, subject to permitting, and allows sign regulations for the size of the sign to utilize the Tres Locos frontage along with the petitioner’s frontage as well. Said sign would have to cease upon the petitioner lot being developed or access agreements ceasing. One issue with fully remediating the site is in regards to the Janesville Road right-of-way. This area also has the cap requirement by the WDNR and currently sits as capped with asphalt. The petitioner can’t touch this area as it is out of his control. However, the city could work with the County to remediate/beautify this area. Some ideas would be to lower the cap and replace it with maintained turf or possibly add a new colored concrete top to it and line the frontage with some planters. The resolution is subject to Plan Commission approving a beautification plan for this area in the near future. At this time, the City can’t move forward to redevelop this area until the County is finished with a court case with the former property owner. Once ready though, the Council has approved up to $20,000 in TIF 8 monies to help remedy this area and staff will bring back a plan for beautification when we can. STAFF RECOMMENDATION PC 015-2015 Approval of Resolution PC 015-2015 subject to the following: BE IT FURTHER RESOLVED, That the permanent parking lot improvements should be complete by August 31, 2015 or new Plan Commission approvals may be required. BE IT FURTHER RESOLVED, That the petitioner delivers copies of the cross access easements and agreements, before starting the improvements, between the petitioner and Tres Locos to show that the access is in perpetuity. BE IT FURTHER RESOLVED, That a formal landscape plan be approved by the Community Development Department before any installation. BE IT FURTHER RESOLVED, That the Planning Commission approves of a sign location for Tres Locos in the southeast corner of the property and sign regulations for size can utilize the Tres Locos frontage along with the petitioner’s frontage as well. Said sign would have to cease upon the petitioner lot being developed or access agreements ceasing. BE IT FURTHER RESOLVED, That the city right-of-way improvements should receive Plan Commission approval before beginning in the future. MUSK EG Othe City of Ar ea o f Inte restI050100 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 01 5-2015 Je we ll Pa rk ing L otJanesville R oad J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /1 /2 0 1 5 RESOLUTION #P.C. 015-2015 APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN AMENDMENT FOR A PARKING LOT FOR JOHN JEWELL LOCATED IN THE NE ¼ OF SECTION 9 (JANESVILLE ROAD / TAX KEY NO. 2193.070) WHEREAS, Plans were submitted in March 2015 by John Jewell to locate a parking lot on the property located on the NW corner of Janesville Road and Lannon Drive (Tax Key No. 2193.070), and WHEREAS, Said property is currently zoned DR-1, Downtown Revival District, and the use is permitted subject to Plan Commission approval, and WHEREAS, The former Shell Gas Station lot has been vacant as a result of the Janesville Road reconstruction project, and WHEREAS, Waukesha County required that the structures be removed on the property to make way for the reconstruction, however, the private owner has retained the vacant leftover remnant, and WHEREAS, The portions of the property covered in asphalt are required due to a Wisconsin Department of Natural Resources cap order since the parcel is largely contaminated, and WHEREAS, The petitioner received temporary parking lot approval as per PC Resolution #004- 2015 and said resolution stated that permanent parking lot approval was required by Planning Commission before August 31, 2015, and WHEREAS, The petitioner is having parking issues at his new site across the street and sees an opportunity to remediate/beautify the former Shell site while providing more parking options for his tenants and patrons, and WHEREAS, The proposed permanent plan looks to resurface the entire lot, add additional asphalt areas, landscaping, and ultimately allow 19 parking stalls meeting City of Muskego ordinances, and WHEREAS, The new parking lot would be shared with the business to the north via an access agreement, and WHEREAS, The proposed improvements are only for the parcel that is under control by the petitioner and the right-of-way areas would need to be remediated/beautified by the City of Muskego, and WHEREAS, The Council approved up to $20,000 to aid in right-of-way beautification improvements and Muskego will embark on these improvements once Waukesha County allows (currently the County has a court case to get thru first). THEREFORE BE IT RESOLVED, That the Plan Commission approves of a building, site and operation plan amendment for a permanent parking lot submitted by John Jewell for the property located at on the NW corner of Janesville Road and Lannon Drive (Tax Key No. 2193.070). BE IT FURTHER RESOLVED, That the permanent parking lot improvements should be complete by August 31, 2015 or new Plan Commission approvals may be required. Page 2 BE IT FURTHER RESOLVED, That the petitioner shall deliver copies of the cross access easements and agreements, before starting the improvements, between the petitioner and Tres Locos to show that the access is in perpetuity. BE IT FURTHER RESOLVED, That a formal landscape plan be approved by the Community Development Department before any installation. BE IT FURTHER RESOLVED, That the Planning Commission approves of a sign location for Tres Locos in the southeast corner of the property and sign regulations for size can utilize the Tres Locos frontage along with the petitioner’s frontage as well. Said sign would have to cease upon the petitioner’s lot being developed or access agreements ceasing. BE IT FURTHER RESOLVED, That the city right-of-way improvements should receive Plan Commission approval before beginning in the future. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that 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 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: Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 018-2015 For the meeting of: April 7, 2015 REQUEST: Approval of a BSO Amendment for Basse’s Country Delight Farm Market Tax Key No. 2172.999/ S70 W16050 Janesville Road SE ¼ of Section 3 PETITIONER: Tom Schaefer on behalf of Basse’s Country Delight Farm Market INTRODUCED: April 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 018-2015 Basse’s Country Delight Farm Market has been in operation for many years in Muskego. The market sells many different items depending on the season. Over the past few years mulch sales have become a big part of the market’s business sales. The sale of mulch from this property has not specifically been approved for this site up to this point. Due to this and some concern raised relating to required approvals that came to the attention of the City last spring, the operator of the market has been working with the City in the off season to develop a plan to formally request the allowance of the sales and storage/display of mulch during the spring season each year. DISCUSSION PC 018-2015 The petitioner has submitted a formal request to be allowed to sell and display/store mulch at Basse’s Country Delight Farm Market during the spring season (typically April thru June). Previously, the mulch was kept in multiple large piles along west side of the building, bloc king/limiting access around that side of the building. Also, this mulch was not screened in any way. The proposal now includes a detailed plan of how the mulch will be stored, displayed, and sold. The submittal includes a narrative and various site/plan drawings. The new plan includes the construction of permanent wood storage/display bins west of the existing building . It would be located along the western edge of the existing driveway with an overall bin size of 90’ long by 16’ deep by 4’ high. This plan keeps the mulch in defined areas, while keeping at least 24 feet of open width between the mulch storage bins and the market building. The large bin can then be subdivided into as many as 4 smaller areas within it for different mulch products to be displayed/stored . These bins would be where customers would pick up any mulch they wanted to purchase and take with them. Als o part of the proposal are 2-3 larger (25’ diameter, approximately 10’ high) stock piles of mulch stored back on the property near the existing barn and accessory structures that would contain the over stock mulch supply for the mulch that will not fit wit hin the storage/display bins. See the attached plan/map for details on these locations. Looking at the overall plan, staff feels that the petitioner has developed a functional plan that will allow them to sell a product (mulch) that is important to their business operations while doing it in a way that is neat and orderly. The bins should keep the mulch organized which should not hinder the aesthetics of the site. The following items are listed in the Resolution as conditions of approval:  Relating to the mulch bin area, all mulch must be kept completely within the bins and any mulch that ends up within the driveway or outside the bins must be cleaned up immediately.  Mulch piles within the sales bins cannot exceed the top of the bin by more than two (2) feet.  No other mulch can be displayed or stored on site, other than in the specifically approved areas.  If any issues arise this could be brought back to Plan Commission for possible re -review. STAFF RECOMMENDATION PC 018-2015 Approval of Resolution PC 018-2015 MUSK EG Othe City of Ar ea o f Inte restI0410820 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 01 8-2015 Ba sse 's Co untr y D eligh t Fa rm Ma rketS70 W 160 50 Ja nes v ille Ro ad J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /1 /2 0 1 5 RESOLUTION #P.C. 018-2015 APPROVAL FOR A BSO AMENDMENT FOR BASSE’S COUNTRY DELIGHT FARM MARKET LOCATED IN THE SE ¼ OF SECTION 3 (S70 W16050 JANESVILLE ROAD / TAX KEY NO. 2172.999) WHEREAS, A BSO amendment request has been submitted by Tom Schaefer for Basse’s Country Delight Farm Market located at S70 W16050 Janesville Road, and WHEREAS, The request is to be allowed to sell and store mulch on the property during the spring season (typically April thru June), and WHEREAS, The proposal includes the construction of permanent wood storage/display bins west of the existing market building, and WHEREAS, The bins will be located on the west edge of the existing driveway with an overall bin size of 90’ long by 16’ deep by 4’ high, and WHEREAS, The large bin can be subdivided into as many as 4 smaller areas within it for different mulch products to be displayed, stored, and bought from, and WHEREAS, There would be 2-3 larger (25’ diameter, approximately 10’ high) stock piles of mulch stored back on the property near the existing barn and accessory structures that would contain the over stock mulch supply. THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for Basse’s Country Delight Farm Market located at S70 W16050 Janesville Road for the outdoor display/storage and sales of mulch subject to the following conditions: 1. Relating to the mulch bin area, all mulch must be kept completely within the bins and any mulch that ends up within the driveway or outside the bins must be cleaned up immediately. 2. Mulch piles within the sales bins cannot exceed the top of the bin by more than two (2) feet. 3. No other mulch can be displayed or stored on site, other than in the specifically approved areas. 4. If any issues arise this could be brought back to Plan Commission for possible re-review. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary City of Muskego Plan Commission Supplement PC 020-2015 For the meeting of: April 7, 2015 REQUEST: Approval of a BSO Amendment for Atonement Lutheran Church Tax Key No. 2172.095 / S70 W16244 Martin Drive SE ¼ of Section 3 PETITIONER: Sean Maher on behalf of Atonement Lutheran Church INTRODUCED: April 7, 2015 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 020-2015 Atonement Lutheran Church is proposing a variety of site changes to better meet the needs of their church. The proposed changes include the following:  Create a new outdoor worship space, in the general location of the previous space, that includes the following items: o Relocate the existing garage to a new location on the property o Install paver paths and paver patio o Install bleacher type seating o Construct a pergola/trellis over the presentation area o Install a fire pit o Construct a small structure to house audio equipment o Construct column foundations for posts with fabric sunshades, and o Construct an outdoor Columbarium  Construct a memory garden  Construct walking path that connect these various outdoor features  Install a parking lot addition  Expand the outdoor playground area DISCUSSION PC 020-2015 The petitioner’s submittal includes a narrative along with a site plan, grading plan, landscape plan, and other project details. As is noted above, the site already contains an outdoor feature in the same general location of the site as the new outdoor worship area is proposed. Some of the features like the Columbarium and the memory garden are going to be located north of the outdoor worship area. The existing garage is being relocated to the northwest of the existing church, near the existing dumpster enclosure area. The overall plan seems to be well thought out and appears to be a nice addition to the site. The following items are listed in the Resolution as conditions of approval: BE IT FURTHER RESOLVED, All items noted above will require proper permits from the City and further details may need to be provided at that time to ensure compliance with the codes. BE IT FURTHER RESOLVED, The proposed fire pit must be located at least 25’ from any structure or combustible material per City codes. BE IT FURTHER RESOLVED, That a more detailed parking lot diagram must be submitted to make sure that all two-way drive lanes are at least 24’ wide and to make sure all new parking stalls meet the City’s 10’ x 20’ size requirement. BE IT FURTHER RESOLVED, If phasing is going to occur with this project, details of the specific phasing must be provided before any permits can be issued and before any work can occur on site. BE IT FURTHER RESOLVED, All proposed grading work and stormwater management must receive final approvals from the Engineering Department before any constructi on can occur. STAFF RECOMMENDATION PC 020-2015 Approval of Resolution PC 020-2015 MUSK EG Othe City of Ar ea o f Inte restI0250500 Fee t Ag en da Item(s) Pr op er tie s Zon in g D istr ic ts Rig ht -o f-Way Hy dr og rap hy Supp lem ental MapRESOLUTION #PC 02 0-2015 Ato nem ent Lu th er an C hu rchS70 W 162 44 M art in D rive J A N E S V I L L E L O O M I S R D RA CIN E AV DURHAM W O O D S CO LL EG E Pre p ar ed b y C ity o f Mu ske g o P la n n in g D e p ar tm e nt Da te : 4 /1 /2 0 1 5 RESOLUTION #P.C. 020-2015 APPROVAL FOR A BSO AMENDMENT FOR ATONEMENT LUTHERAN CHURCH LOCATED IN THE SE ¼ OF SECTION 3 (S70 W16244 MARTIN DRIVE / TAX KEY NO. 2172.095) WHEREAS, A BSO amendment request has been submitted by Sean Maher on behalf of Atonement Lutheran Church located at S70 W16244 Martin Drive, and WHEREAS, The petitioners request is to create a new outdoor worship space involving the following items:  Relocate the existing garage to a new location on the property  Install paver paths and paver patio  Install bleacher type seating  Construct a pergola/trellis over the presentation area  Install a fire pit  Construct a small structure to house audio equipment  Construct column foundations for posts with fabric sunshades, and WHEREAS, Additional site improvements include the following:  Construct an outdoor Columbarium  Construct a memory garden  Construct walking path that connect these various outdoor features  Install a parking lot addition  Expand the outdoor playground area, and WHEREAS, The proposed alterations will allow the space to better meet the current needs of the church, and WHEREAS, A landscape plan has been submitted and is pending review, and WHEREAS, No new outdoor lighting is proposed at this time and any future lighting additions/changes will require Planning Division approvals. THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for Atonement Lutheran Church located at S70 W16244 Martin Drive for the site improvements noted above. BE IT FURTHER RESOLVED, All items noted above will require proper permits from the City and further details may need to be provided at that time to ensure compliance with the codes. BE IT FURTHER RESOLVED, The proposed fire pit must be located at least 25’ from any structure or combustible material per City codes. BE IT FURTHER RESOLVED, That a more detailed parking lot diagram must be submitted to make sure that all two-way drive lanes are at least 24’ wide and to make sure all new parking stalls meet the City’s 10’ x 20’ size requirement. BE IT FURTHER RESOLVED, If phasing is going to occur with this project, details of the specific phasing must be provided before any permits can be issued and before any work can occur on site. BE IT FURTHER RESOLVED, All proposed grading work and stormwater management must receive final approvals from the Engineering Department before any construction can occur. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2015 ATTEST: Kellie McMullen, Recording Secretary Atonement Outdoor Worship Space Project Project Narrative Statement 3-31-15 Page 1 Project Narrative Statement This enclosed Plan Commission application requests review of Atonement Lutheran Church’s proposed Outdoor Worship Space (OWS) Project that will include the following:  An outdoor location for worship as well as other member related activities o This requires the relocation of the current garage to a new location near the existing trash enclosure o Engraved donor brick paver path and patio area o Bleacher seating o Pergola/Trellis over presentation area o Audio equipment mini storage garage o Provide column foundations to receive phased in posts and outdoor fabric sunshades  Construct a pad for a phased in Columbarium that will allow members and family to visit loved ones  Construct a Memory Garden  Construct a walking path that connects the Outdoor Worship Space, Columbarium, and Memory Garden  Minor parking lot expansion to accommodate membership and closer proximity to the OWS  Phased in outdoor playground Outdoor Worship Space Project Currently there is limited outdoor space for kids’ activities and no space for outdoor worshiping or member related activities like and including cub scouts. The outdoor worship space will allow members to worship and hold similar activities in a beautiful outdoor natural setting and take advantage of the warmer months. The memory garden is a reflective and contemplative space to remember those whom have passed and celebrate their lives in a garden setting. The larger playground will allow more children to get outdoors and receive the fresh air and exercise they surely need.