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Plan Commission 030221packetCITY OF MUSKEGO PLAN COMMISSION AGENDA 03/02/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES Approval of the minutes of the February 2, 2021 meeting. Plan Commission Minutes 02022021.pdf PUBLIC HEARING Public Hearing for a renewal of 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). CONSENT BUSINESS RESOLUTION PC 006-2021 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 and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996. PC 006-2021 SUPPLEMENT.pdf PC 006-2021 MAP.pdf PC 006-2021 RESOLUTION.pdf PC 006-2021 SUBMITTAL.pdf RESOLUTION PC 007-2021 Approval of an Annual Review for the Loomis Court LLC. property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. PC 007-2021 SUPPLEMENT.pdf PC 007-2021 MAP.pdf PC 007-2021 RESOLUTION.pdf RESOLUTION PC 008-2021 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002. PC 008-2021 SUPPLEMENT.pdf PC 008-2021 MAP.pdf PC 008-2021 RESOLUTION.pdf 1 RESOLUTION PC 010-2021 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998. PC 010-2021 SUPPLEMENT.pdf PC 010-2021 MAP.pdf PC 010-2021 RESOLUTION.pdf RESOLUTION PC 011-2021 Approval of a Two-lot Certified Survey Map for Patrick Thompson of PLC Properties, LLC. located along Durham Drive / Tax Key Nos. 2213.997.001 and 2213.997. PC 011-2021 SUPPLEMENT.pdf PC 011-2021 MAP.pdf PC 011-2021 RESOLUTION.pdf PC 011-2021 SUBMITTAL.pdf RESOLUTION PC 012-2021 Approval of a One-lot Certified Survey Map for Dan Schweitzer located at S67 W21885 Tans Drive / Tax Key No. 2183.998.004. PC 012-2021 SUPPLEMENT.pdf PC 012-2021 MAP.pdf PC 012-2021 RESOLUTION.pdf PC 012-2021 SUBMITTAL.pdf RESOLUTION PC 013-2021 Approval of a second accessory structure for Richard Zarate located at S106 W20683 North Shore Drive / Tax Key No. 2281.985. PC 013-2021 SUPPLEMENT.pdf PC 013-2021 MAP.pdf PC 013-2021 RESOLUTION.pdf PC 013-2021 SUBMITTAL.pdf NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 004-2021 Approval of a Building, Site and Operations Amendment for Waldera Enterprises, LLC. located at S82 W19246 Apollo Drive / Tax Key No. 2225.999.010. PC 004-2021 SUPPLEMENT.pdf PC 004-2021 MAP.pdf PC 004-2021 RESOLUTION.pdf PC 004-2021 SUBMITTAL.pdf RESOLUTION PC 009-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. PC 009-2021 SUPPLEMENT.pdf PC 009-2021 MAP.pdf PC 009-2021 RESOLUTION.pdf MISCELLANEOUS BUSINESS Discussion of April Plan Commission date due to spring elections. ADJOURN NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE 2 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 CITY HALL, (262) 679-4100. 3 UNAPPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 02/02/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Kubacki, Commissioners Bartlett, Buckmaster, Graf and Gazzana, Planner Trzebiatowski. Absent: Commissioner Oliver. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes of the December 1, 2020 meeting. Alderman Kubacki made a motion to approve the November 9, 2020 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for Wisco Carts & Milwaukee Camper Rental requesting a Conditional Use Grant for the purpose of allowing the sale and service of new and used golf carts and camper rental in the B-3 General Business Zoning District located at S80 W19025 Janesville Road / Tax Key No. 2225.984. Planner Trzebiatowski provided an overview of the proposed project. The Public Hearing is for the Conditional Use Grant. The applicant is looking to reuse the old pool store for golf cart sales and service in addition to pop-up camper rentals. A public hearing for the rezoning portion of the project was held in front of Common Council on January 26, 2021 and there were no comments. One neighbor came in to City Hall to talk with staff and had no issues with the proposal. A CUG is required for the sales and service of anything motorized is considered motor vehicles. The site will be set up with three parking stalls in front along with an area for daytime display of up to six golf carts. Four additional parking stalls are located toward the rear of the building. The golf cart business aside from the small display area will be web-based or enclosed in the buildings so there will be no outside storage. The applicant is requesting the area between the main building and outbuilding, which is currently gravel be allowed to remain gravel for the area to store the pop-up campers when not in use. Staff is recommending the area be paved, but that can be amended by the Plan Commission. The applicants have noted that there may be a need for future parking area behind the buildings for additional pop-up camper parking, but that will need 4 a separate approval. The area for storing the campers is not proposed with any screening due to the fairly dense vegetation present that provides a buffer to the area. Public Comments: George DeGraffenreid, co-owner, stated that the area that will be used for storage of golf carts (gravel pop-up camper parking area) that is currently gravel will be hard-packed and there will not be any traffic over the gravel, just parking of the campers. Steve Pavlons, S80 W19020 Janesville Road, wanted confirmation that there will not be any campers visible from the road and six golf carts. Planner Trzebiatowski mentioned that the campers will be on the gravel area and the six display golf carts will be moved indoors outside business hours. Public Hearing was closed. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 001- 2021 Recommendation to Common Council to Rezone a property from B-2 Local Service District to B-3 General Business District, approval of a Conditional Use Grant and approval of a Building, Site and Operation Plan for Wisco Carts & Milwaukee Camper Rental located at S80 W19025 Janesville Road / Tax Key No. 2225.984. Alderman Kubacki asked if all of the campers will be stored outside. Mr. DeGraffenreid said yes, all of the campers will be stored on the gravel area while not in use. From April through October they will be rented out most of the time. Mayor Petfalski wanted confirmation on the gravel area. Mayor Petfalski asked the difference between this and Soiree who needs to install the parking area. Planner Trzebiatowski explained that Soiree is for customer parking while this gravel area is only for the storage of the campers. Commissioner Graf and Alderman Kubacki have no problems. Planner Trzebiatowski explained that if dust or something else become problematic that we can force the business to come to the Plan Commission to resolve this issue. Mayor Petfalski would recommend leaving the gravel area and if there are dust issues in the future that they must come back to Plan Commission with a solution to the dust issue. Commissioner Buckmaster asked if we can make this an annual review. Planner Trzebiatowski said we could if that is the desire of the Plan Commission, or the Plan Commission could do a one year review and see if there are any concerns. Commissioner Gazzana asked if there were any plans for the back half of the property. Planner Trzebiatowski explained that in the future they may want additional storage but they will need to come back to Plan Commission for approval. Commissioner Buckmaster made a motion to approve Resolution PC 001-2021. Alderman Kubacki seconded. Alderman Kubacki made a motion to amend the resolution to leave the camper parking area as gravel with a one-year review for any issues. Commissioner Buckmaster seconded. Motion to amend Resolution passed unanimously. Motion to approve Amended Resolution PC 001-2021 passed unanimously. RESOLUTION PC 002-2021 Approval of a Building, Site and Operation Plan Amendment for the Muskego-Norway School District located at W185 S8750 Racine Avenue / Tax Key Nos. 2242.999, 2237.999.001, 2237.999. Planner Trzebiatowski provided a summary of the lighting proposal for the eastern baseball field and the western softball field at the Muskego High School. The proposal includes 6-70’ tall lights and 2-80’ light poles on the eastern baseball field and the western softball field will include 2-60’ tall lights and 2-70’ tall light poles as designed by Musco. These lights are similar in height to the lighting on the football field and other local field lighting in the City. The ordinance has a 50’ height limit for athletic field lights, but allows the Plan Commission to grant a waiver as a mechanical apparatus to exceed the height limit. Commissioner Gazzana asked about any light pollution for the abutting neighborhood and if there are any restrictions for the time limits of the game play. Planner Trzebiatowski mentioned that he is not aware of any time limits for play on the either field. As for the light pollution there is a substantial tree line between the 5 neighborhood and the field. Additionally, the photometric plans show that they are not close to the City limit of 0.5 footcandles at the property lines and in fact are zero just a short distance from the playing field. This doesn’t mean that in the distance someone will not see the light source, but the light levels are where they need to be. Commissioner Buckmaster made a motion to approve Resolution PC 002-2021. Alderman Kubacki seconded. Motion to approve Resolution PC 002-2021 passed unanimously. RESOLUTION PC 003 -2021 Approval of a Preliminary Plat for Denoon Country Estates North located along Crowbar Road west of Kelsey Drive / Tax Key No. 2279.993. Planner Trzebiatowski explained that this is a conservation subdivision plat that was approved by the City back in the 2005/2006 with a base yield plan of seven lots and by using the conservation principles were originally granted an additional three bonus lots for a total of ten lots while preserving at least 50 percent of the area. There will be small changes made to resolve comments and concerns from the State, County and City so this could include slight lot changes or possibility of losing a lot. Commissioner Buckmaster recalls the original approval in 2005 and there was significant discussion at that time. Happy this project is coming back. Alderman Kubacki said there are concerns regarding groundwater. Lake Denoon is sensitive to the quality and quantity of water entering with three tributaries to the lake. The subdivision to the south of the proposal was created before all the stormwater regulations and when it rains a plume of sediment flows into the lake. Alderman Kubacki asked if Tim Laseke could present the concerns of the lake district. Tim Laseke, president of the Lake Denoon Lake District said their concern is the decline of water quality due to the phosphorus and aluminum sulfite that is entering the lake with stormwater. Mr. Lasky’s questions were specifically related to the design of the new storm water pond and what the City can do if the pond is not constructed to specifications and does not work as designed and planned. Planner Trzebiatowski explained that the developers are required to follow all City and MMSD stormwater requirements, so they are subject to very intensive requirements. Additionally, the original rezoning for the bonus lots included conditions that they will exceed the City storm water ordinances. As for the pond not being constructed or working as planned, the City requires as-built drawings when completed and if the built stormwater improvements do not match the plans, the developer will need to correct the issues. Mayor Petfalski also added that the City has in the past and will in the future continue to make sure the stormwater improvements are constructed as planned. Commissioner Buckmaster asked for confirmation that this was the preliminary plat and even though the final plat was approved in 2006 that they will still need to go through all reviews including the engineering review. Planner Trzebiatowski added the process has changed a little but they will still need all construction reviews and the final plat approval. Also, the original stormwater area on the 2005 plans is rather small and with the new storm water requirements the size of the pond is significantly larger. Mayor Petfalski added that this is in the MMSD area and this is the southern edge of the MMSD area. Alderman Kubacki made a motion to approve Resolution PC 003-2021. Commissioner Graf seconded. Motion to approve Resolution PC 003-2021 passed unanimously. MISCELLANEOUS BUSINESS Nothing at this time. ADJOURN Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana seconded. Motion to approve passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 6 City of Muskego Plan Commission Supplement PC 006-2021 For the meeting of: March 2, 2021 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 PETITIONER: Payne & Dolan INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 006-2021 Petitioner seeks approval of the required annual review for continued mining and processing of sand and gravel and the extension of use of an asphalt plant. PLAN CONSISTENCY PC 006-2021 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. 7 DISCUSSION PC 006-2021 A site inspection was recently completed and revealed the site to be well maintained. The site is paved where product is picked up. Erosion control practices appear to be followed; no materials are tracked off site. The equipment on site appears well maintained. Payne & Dolan does not have a schedule for 2021 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. They also notice the City of these operations. There were no complaints received by the Community Development Department last year regarding night trucking. A Reclamation Plan was submitted and approved in 2002 as per Chapter 237 of the Muskego Ordinance. This is reflected in the Resolution. STAFF RECOMMENDATION PC 006-2021 Approval of Resolution # PC 006-2021 8 C R O W B A R D R J A N E S V IL L E R D WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Properties Right-of-Way 0 500 1,000 Feet Payne & DolanW217 S8425 Crowbar Road RESOLUTION #PC 006-2021Supplemental Map Prepared by City of Muskego Planning Department 9 RESOLUTION #P.C. 006-2021 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 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, This 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 before the Plan Commission on March 2, 2021, and WHEREAS, There is an existing $317,000 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 237 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 2, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 10 11 12 City of Muskego Plan Commission Supplement PC 007-2021 For the meeting of: March 2, 2021 REQUEST: Annual Review for the Loomis Court LLC. Property (Mini-Storage and Auto Repair) S98 W12575 Loomis Court & W125 S9912 North Cape Rd. (USH 45) / Tax Key No 2257.973.001 NE ¼ and SE ¼ of Section 25 PETITIONER: Planning Division INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 007-2021 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, currently used by Badgerland Auto. The northern building contains mini-storage units, one auto repair and sales businesses and more recently a construction management company. 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, #P.C. 025-2007, #P.C. 033-2014, #P.C. 065-2017 and #P.C. 024-2019. An annual review is required. The basic conditions of the approvals are as follows: 1. Two auto sales and repair businesses may operate off the northern building on the site. 2. Auto sales and detailing can occur from the southern building on site. 3. There can be no more than five (5) vehicles for sale on this property in the pre-approved locations near the northwest corner of the northern building for the first auto repair business and six (6) vehicles for sale on the northern side of the north building for the second auto repair business. 4. The southern building’s office area is limited to only five (5) small motor vehicles for outdoor display. These displays can only be out during business operating hours. 5. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 6. 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. 7. There shall be no unapproved ancillary signage on the property for any reason. 8. 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 vehicles parked east of the newer building. STAFF DISCUSSION PC 007-2021 A site inspection was completed on February 18, 2021 and the site was found to be mostly in compliance. The only item found to not be in compliance was the number of vehicles and location of said vehicles present that exceeded the number approved during the BSO and CUG on the northern 13 side of the property where Elegant Auto is located. A violation letter was sent to the tenants with the owners copied and a follow-up inspection was completed on February 24, 2021. Upon this site inspection the additional vehicles were removed and the site was compliance at that time. The resolution is drafted for approval. STAFF RECOMMENDATION PC 007-2021 Approval of Resolution # PC 007-2021 14 N O R T H C A P E R D LO O MIS C T L O O M I S D R L O O M I S R D WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Properties Right-of-Way 0 150 300 Feet Loomis Court LLC.W125 S9912 North Cape Road RESOLUTION #PC 007-2021Supplemental Map Prepared by City of Muskego Planning Department 15 RESOLUTION P.C. 007-2021 APPROVAL OF AN ANNUAL CONDITIONAL USE GRANT REVIEW TO ALLOW MINI-STORAGE WAREHOUSES AND AUTO SALES/REPAIR FOR THE LOOMIS COURT LLC. 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), most recently under Resolutions PC 053a-2003, PC 067-2004, PC 050-2005, PC 025-2007, PC 033-2014, PC 065-2017 and PC 024-2019, and WHEREAS, The site conditions of approval included: 1. Two auto sales and repair businesses may operate out of the northern building on the site. 2. Auto sales and detailing can occur from the southern building on site. 3. There can be no more than five (5) vehicles for sale on this property in the pre-approved locations near the northwest corner of the northern building for the first auto repair business and six (6) vehicles for sale on the northern side of the north building for the second auto repair business. 4. 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. 5. All other outside storage (other than noted above) of vehicles, materials, and/or other miscellaneous objects are prohibited at all times. 6. 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. 7. There shall be no unapproved ancillary signage on the property for any reason. 8. 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 18, 2021 and the site was found to be mostly in compliance, and WHEREAS, The only item found to not be in compliance was the number of vehicles and location of said vehicles present that exceeded the number approved during the BSO and CUG on the northern side of the property where Elegant Auto is located, and WHEREAS, A violation letter was sent to the owners and a follow-up inspection was completed on February 24, 2021 and the additional vehicles were removed and the site was compliance at that time. THEREFORE BE IT RESOLVED, The Plan Commission approves of the Annual Review for the Conditional Use Grant and the Building, Site, and Operation plan for Loomis Court LLC. 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, 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 2, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 16 City of Muskego Plan Commission Supplement PC 008-2021 For the meeting of: March 2, 2021 REQUEST: Annual Review for Durham Hill Auto S98 W12608 Loomis Drive / Tax Key No. 2257.982.002 NE ¼ of Section 25 PETITIONER: Planning Division INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 008-2021 Petitioner seeks approval of the required annual review for the operations at S98 W12608 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 008-2021 An inspection was completed on February 18, 2021 and compliance was not found as there were vehicles found throughout the lot, not matching the originally approved Plan Commission site plan. A letter was sent to the business owner identifying the issue and a follow up inspection was conducted on February 24, 2021 and the site was in compliance at that time. The resolution is drafted for approval. STAFF RECOMMENDATION PC 008-2021 Approval of Resolution # PC 008-2021 17 L O O M I S D R N O R T H C A P E R D LO O MIS CT WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Durham Hill AutoS98 W12608 Loomis Drive RESOLUTION #PC 008-2021Supplemental Map Prepared by City of Muskego Planning Department 18 RESOLUTION #P.C. 008-2021 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 W12608 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 site 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 conducted on February 18, 2021 and there were vehicles found parked in areas not allowed per the approved site plan for this property, and WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection was conducted on February 24, 2021 and the site was in compliance at that time. 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 2, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 19 City of Muskego Plan Commission Supplement PC 010-2021 For the meeting of: March 2, 2021 REQUEST: Annual Review for Schaefer Snowplowing and Grading LLC W195 S9775 Racine Avenue / Tax Key No. 2274.998 NW ¼ of Section 29 PETITIONER: Planning Division INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 010-2021 The Plan Commission originally authorized an annual review for the property for every year in the month of August until further notice. The petitioner received Plan Commission approval as per #PC 155-1990 and #PC 012-2004. The provisions of those approvals are discussed below. PLAN CONSISTENCY PC 010-2021 Comprehensive Plan: The 2020 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 010-2021 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. A site inspection was conducted on February 18, 2021 and the site was in compliance. Any larger trucks were parked way back by the building or in the building. STAFF RECOMMENDATION PC 010-2021 Approval of Resolution PC 010-2021 20 PA R KER D R RACINE AVE WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 300 600 Feet Schaefer Snowplowing and GradingW195 S9773 Racine Avenue RESOLUTION #PC 010-2021Supplemental Map Prepared by City of Muskego Planning Department 21 RESOLUTION #P.C. 010-2021 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 for 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 growing on that property at that time of the season, and WHEREAS, Staff met with Mr. Schaefer in early 2009 to discus s 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 18, 2021, Planning Division staff found the site to be in compliance with the approvals. 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 2, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 22 City of Muskego Plan Commission Supplement PC 011-2021 For the meeting of: March 2, 2021 REQUEST: Two (2) Lot Land Division – Certified Survey Map Vacant – Durham Drive / Tax Key Nos. 2213.997.001 and 2213.997 NE ¼ of Section 14 PETITIONER: Patrick Thompson, PLC Properties, LLC. INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 011-2021 The petitioner is proposing to adjust the property line between two vacant lots by Certified Survey Map (CSM). No new lots are being created as part of this CSM. The proposed lots are 37,861 square feet and 32,623 square feet in size. The property is located along Durham Drive immediately south of the We Energies recreation trail. PLAN CONSISTENCY PC 011-2021 Comprehensive Plan: The 2020 Plan depicts the areas for medium density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RS-2 – Suburban Residence District. This zoning requires minimum lot sizes of 20,000 SF and an average lot width of 110 feet. All lots are typically required to have at least 80 feet of frontage on a dedicated right-of-way. However, parcel 2 is an existing lot of record, therefore an easement through parcel 1 will suffice. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. Street System Plan: All lands within the ultimate right-of-way for Durham Drive will be required to be dedicated with this CSM. The proposal will be consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lots will be serviced via the public sanitary sewer system. The proposal is consistent with the plan. Water Capacity Assessment District: The lots will be serviced via the public water system. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will need to determine if a grading plan is required as part of the land division or upon construction of the new home. 23 DISCUSSION PC 011-2021 There is currently one lot abutting North Cape Road with a second landlocked parcel immediately east of the first lot. The first lot meets the requirement for road frontage, but the second does not. The existing landlocked parcel is currently a lot of record and past practice is to allow the lot to be built upon as long as there is a documented means to access the public road. Ultimately, this CSM is adjusting the lot line between the two lots approximately 70 feet to the east making the lots more similar in size and then documenting the access for parcel 2 to the public right-of-way. Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded. 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 011-2021 Approval of Resolution PC 011-2021 24 DURHAM DR SCHULT Z LN LAUR A LN F R E E D O M AV E S U M M E RT I M E L N F O X R U N C THUNTERS HIL L C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 150 300 Feet Patrick Thompson, PLC Prope rtie s, LLC.Vacant / Tax Key Nos. 2213.997.001 & 2213.997 RESOLUTION #PC 011-2021Supplemental Map Prepared by City of Muskego Planning Department 25 RESOLUTION #P.C. 011-2021 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE THOMPSON PROPERTY LOCATED ALONG DURHAM DRIVE / TAX KEY NOS. 2213.997.001 & 2213.997 WHEREAS, A Certified Survey Map (CSM) was submitted by Patrick Thompson of PLC Properties, LLC. for a two (2) lot land division located along Durham Drive / Tax Key Nos. 2213.997.001 & 2213.997, and WHEREAS, This CSM is reconfiguring two existing lots and is not creating any new lots, and WHEREAS, The proposed lots are 37,861 square feet and 32,623 square feet in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of 20,000 SF with a minimum average width of 110 feet per lot since the lots are served by municipal sanitary sewer, and WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the proposed lots are consistent with the plan, and WHEREAS, Both lots will be served by the public water system, and WHEREAS, Both lots will be served by the municipal sewer system, and WHEREAS, All lots are typically required to have at least 80 feet of frontage on a dedicated right-of-way, however, parcel 2 is an existing lot of record, therefore an easement through parcel 1 is sufficient, and WHEREAS, This CSM is adjusting the lot line between the two lots approximately 70 feet to the east making the lots more similar in size and then documenting the access for parcel 2 to the public right-of-way. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Patrick Thompson of PLC Properties, LLC. for a two (2) lot land division located along Durham Drive / Tax Key Nos. 2213.997.001 & 2213.997, subject to technical corrections as identified by the City Engineers and Planners and payment of all applicable fees and outstanding assessments, if applicable. BE IT FURTHER RESOLVED, 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, 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: March 2, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 26 27 City of Muskego Plan Commission Supplement PC 012-2021 For the meeting of: March 2, 2021 REQUEST: One (1) Lot Land Division – Certified Survey Map S67 W21885 Tans Drive / Tax Key No. 2183.998.004 SW ¼ of Section 6 PETITIONER: Dan Schweitzer INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 012-2021 The petitioner is proposing to split approximately 2.76 acres (120,339 SF) from the existing 33.38-acre parcel via Certified Survey Map (CSM). The proposed remnant parcel will then be approximately 30.62 acres in size. When remnant lots are greater than 20 acres they do not need to be included on the CSM. PLAN CONSISTENCY PC 012-2021 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RCE – Residential Country Estate District. This zoning requires minimum lot sizes of 120,000 SF and an average lot width of 250 feet. Each lot will also have at least 80 feet of frontage on a dedicated right-of-way. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. Street System Plan: All required right-of-way has been dedicated previously. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot will be serviced with private septic system. The proposal is consistent with the plan. Water Capacity Assessment District: The lot will be serviced via the private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will need to determine if a grading plan is required as part of the land division or upon construction of the new home. 28 DISCUSSION PC 012-2021 Upon initial review of the CSM, the bulk requirements of the code appear to be met. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded. 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 012-2021 Approval of Resolution PC 012-2021 29 TA N S D R CROWB AR DR SO NO M A WAY WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 400 800 Feet Dan SchweitzerS67 W21885 Tans Drive RESOLUTION #PC 012-2021Supplemental Map Prepared by City of Muskego Planning Department 30 RESOLUTION #P.C. 012-2021 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE WHITEHOUSE PROPERTY LOCATED AT S67 W21885 TANS DRIVE / TAX KEY NO. 2183.998.004 WHEREAS, A Certified Survey Map (CSM) was submitted by Dan Schweitzer for a one (1) lot land division located at S67 W21885 Tans Drive / Tax Key Nos. 2183.998.004, and WHEREAS, The proposed lot is approximately 2.76 acres (120,339 SF) in size in size, and WHEREAS, The property is zoned RCE Residential Country Estate District and requires minimum lot sizes of 120,000 SF with a minimum average width of 250 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed lot is consistent with the plan, and WHEREAS, The lot will be served by a private water well, and WHEREAS, The lot will be served by a private septic/mound system, and WHEREAS, The remnant lot is approximately 30.62 acres and is not included in on the CSM. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Dan Schweitzer. for a one (1) lot land division located at S67 W21885 Tans Drive / Tax Key Nos. 2183.998.004, subject to technical corrections as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, 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, 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: March 2, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 31 32 City of Muskego Plan Commission Supplement PC 013-2021 For the meeting of: March 2, 2021 REQUEST: Second Accessory Structure Tax Key No. 2281.985 / S106 W20683 North Shore Drive NE ¼ of Section 31 PETITIONER: Richard Zarate INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 013-2021 The petitioner proposes to construct a 1,066 square foot accessory structure on site. This building will be the second accessory structure on this lot along with a boat house near the water. Plans are attached for your review. PLAN CONSISTENCY PC 013-2021 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential land use. The proposal for this residential outbuilding is consistent with the Plan. Zoning: The property is zoned RL-2 Lakeshore Residence District. Accessory structures totaling 1,405 square feet are permitted on the subject property. The current proposal measures 1,066 square feet in area. There are two other accessory structures being 290.3 square feet and 36.2 square feet existing on the property. The grand total of all accessory structure square footage with the proposed accessory structure equals 1,392.5 square feet. The proposal meets the bulk requirements of the Zoning Code. STAFF DISCUSSION PC 013-2021 Design Guide requirements state that Planning Commission approval is needed for more than one accessory structure on a lot when it is being used for residential purposes. Plan Commission approvals are being sought since there is already another accessory structure on this lot. The architectural requirements state that the accessory structure should have similar materials and colors as the principal residence. The building is proposed with exterior finishes to match the existing home including a stone band across the bottom of the front of the building, LP smart siding and architectural asphalt shingles. Said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. On the survey, there is a shed immediately adjacent to the current proposal. This shed has since been removed. Although not necessary, the petitioner has stated that he will be removing the small 36.2 square foot shed north of the proposed structure. The proposed detached garage is 5.65 feet from the small shed, so if the small shed remains the proper fire codes must be met. The applicant has said that the garage will be used for personal storage. The first floor will be used for storage of boats/cars while the second floor will also be use for personal storage. The second floor will be insulated but not finished and will not be used for living quarters or any type. The Resolution states the following items: 33 BE IT FURTHER RESOLVED, That the building cannot be used for the operations of any business activities. BE IT FURTHER RESOLVED, That the colors of the proposed building must be similar to the colors of the home. BE IT FURTHER RESOLVED, That the detached garage cannot be used as living quarters of any type. STAFF RECOMMENDATION PC 013-2021 Approval of Resolution #PC 013-2021 34 NORTH SHORE LN JENNIFER CT WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Richard ZarateS106 W20683 North Shore Drive RESOLUTION #PC 013-2021Supplemental Map Prepared by City of Muskego Planning Department 35 RESOLUTION #P.C. 013-2021 APPROVAL OF AN ADDITIONAL ACCESSORY STRUCTURE FOR THE ZARATE PROPERTYLOCATED AT S106 W20683 NORTH SHORE DRIVE / TAX KEY NO. 2281.985 WHEREAS, A survey and building drawings were submitted to construct a 1,066 square foot accessory structure on the property located at S106 W20683 North Shore Drive (Tax Key No. 2281.985), and WHEREAS, The property is zoned RL-2 Lakeshore Residence District and said structure is a permitted accessory use and subject to Plan Commission review due to more than one accessory structure on the lot, and WHEREAS, Two accessory structures (290.3 SF and 36.2 SF) and a home residence currently reside on the property, and WHEREAS, The combined total of the three (3) outbuildings (two existing and one proposed) will be 1,392.5 square feet, which is within the allowed limit, and WHEREAS, The total square footage for accessory structures on this property is limited to 1,405 square feet, and said proposal meets the bulk requirements of the Zoning Code, and WHEREAS, The accessory structure will be used for personal storage only, and WHEREAS, The proposed height is approximately 19’-2” as measured by the code, which is allowed in said zoning district based on the setback from the right-of-way, and WHEREAS, The structure is proposed to match the exterior finishes of the house including a stone band across the bottom of the front of the building, LP smart siding and architectural asphalt shingles, and said proposal does meet the Plan Commission’s standards for administrative approval of residential accessory structures. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a 1,066 square foot accessory structure for the Zarate property located at S106 W20683 North Shore Drive (Tax Key No. 2281.985). BE IT FURTHER RESOLVED, The colors of the proposed building must be similar to the colors of the home. BE IT FURTHER RESOLVED, The building cannot be used for the operations of any business activities. BE IT FURTHER RESOLVED, That the detached garage cannot be used as living quarters of any type. BE IT FURTHER RESOLVED, That failure to comply with the terms of this resolution and the approved site plans shall result in the issuance 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 2, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 36  37 38 39 City of Muskego Plan Commission Supplement PC 004-2021 For the meeting of: March 2, 2021 REQUEST: Building, Site and Operation Plan (BSO) Amendment for Waldera Enterprises, LLC. Tax Key No. 2225.999.010 / S82 W19246 Apollo Drive NE ¼ of Section 17 PETITIONER: Robert J. Waldera Jr. INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 004-2021 The petitioner, Waldera Enterprises, is seeking approval of a BSO Amendment to operate a roadside assistance and towing business. The same business was approved by the Plan Commission in February 2020 in a different space within the Business Park. The business has grown to the point that they need a larger space for the vehicles. The towing business is limited to parking impounded vehicles until released to the owner. The petitioner projects ten vehic les per month being towed and parked at this location. The impounded vehicles would typically be parked for less than five days. Customers claiming their vehicles will park in one of the six designated spaces in the front of the building. The area inside the building will be used to park any damaged vehicles and all of the business vehicles, along with any routine maintenance that is needed to the business vehicles. Hours to pick up impounded vehicles are limited to 8:00 AM to 5:00 PM. CONSISTENCY WITH ADOPTED PLANS 004-2021 Comprehensive Plan: The 2020 Plan depicts the property as Industrial uses. This proposal is consistent with the plan. Zoning: The property is zoned M-2 General Industrial District. A towing business would be considered a trucking business which is allowed in this district subject to BSO approval, thus this request. STAFF DISCUSSION PC 004-2021 As previously mentioned, the proposed business picks up and tows vehicles to be impounded and stores them until the owner picks up the vehicle. Customer visits are limited to the owners picking up the impounded vehicles and the petitioner projects up to ten vehicles per month. There are six designated customer and employee stalls in front of the building. The petitioner is also requesting area along the east side of the building to park up to 18 impounded vehicles with two additional spaces behind the building. Any damaged vehicles and all business vehicles will be stored indoors. There cannot be any wrecked or non-movable vehicles or any car parts stored outside. There will not be any vehicle repair or sales of vehicles on-site. 40 Traffic circulation on the site will include a one-way loop around the building counter-clockwise. The impounded vehicles will be parked adjacent to the building with a one-way drive aisle behind the impounded vehicles. “One-Way” and “Do not Enter” ground markings and signage need to be installed by June 1, 2021 and all marking stalls for this business, including for customers, employees and impounded vehicles, must be marked by June 1, 2021. At this time, there are no intentions on changing the exterior of the building. No new lighting or signage details have been proposed at this time. Any new/altered signage or lighting (temporary or permanent) will require further review and approvals. Any new/altered exterior lighting (wall mounted and/or pole mounted) must meet all City required lighting specs, including all fixtures being full cut-off with zero degree tilt. STAFF RECOMMENDATION PC 004-2021 Approval of Resolution PC 004-2021 41 A P O LL O D R JANESVILLE RD I Agenda Item(s) Properties Right-of-Way 0 100 200 Feet Waldera Enterprises, LLC.S82 W19246 Apollo Drive RESOLUTION #PC 004-2021Supplemental Map Prepared by City of Muskego Planning Department 42 RESOLUTION #P.C. 004-2021 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR WALDERA ENTERPRISES, LLC. LOCATED IN THE NE ¼ OF SECTION 17 (TAX KEY NO. 2225.999.010 / S82 W19246 APOLLO DRIVE) WHEREAS, A submittal was received from Waldera Enterprises, LLC. for a Building, Site and Operation (BSO) Plan amendment located at S82 W19246 Apollo Drive / Tax Key No. 2225.999.010, and WHEREAS, The petitioner is proposing to operate a towing business in the M-2 Zoning District, and WHEREAS, There are six parking spaces in front of the business for limited customer and employee parking, and WHEREAS, Hours of operation are Monday-Friday 8:00 AM – 5:00 PM, and WHEREAS, There will be up to a maximum of twenty (20) impounded non-damaged vehicles parked adjacent to the building, with 18 spaces on the east side and two spaces behind the building, and WHEREAS, All tow trucks, service vehicles, and any damaged impound vehicles will be stored inside the building at all times, and WHEREAS, There will be no outside storage of wrecked or non-movable vehicles, and WHEREAS, Traffic circulation on the site will include a one-way loop around the building counter- clockwise with a one-way drive aisle behind the impounded vehicles, and WHEREAS, No new lighting or signage has been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan for Waldera Enterprises, LLC. at S863 W18390 Saturn Drive / Tax Key No. 2223.001. BE IT FURTHER RESOLVED, A maximum of twenty (20) parking spaces can be used for parking of non-damaged impounded vehicles next to and behind the building. BE IT FURTHER RESOLVED, No vehicles can be parked outside the twenty stalls overnight. BE IT FURTHER RESOLVED, All wrecked or non-movable vehicles or any car parts must be stored inside the building at all times. BE IT FURTHER RESOLVED, All tow trucks and service vehicles must be stored inside the building. BE IT FURTHER RESOLVED, “One-Way” and “Do not Enter” ground markings and signage need to be installed by June 1, 2021 and all marking stalls for this business, including for customers, employees and impounded vehicles, must be marked by June 1, 2021. 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, Any building or site signage (temporary or permanent) will require further review and approvals. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of 43 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: Denied: Deferred: Introduced: March 2, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 44 45 46 City of Muskego Plan Commission Supplement PC 009-2021 For the meeting of: March 2, 2021 REQUEST: Annual Review for Frey Auto S107 W16311 Loomis Road / Tax Key No. 2293.996.002 NE ¼ and SE ¼ of Section 34 PETITIONER: Planning Division INTRODUCED: March 2, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 009-2021 Petitioner received an amended approval in Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #PC 055-2014 to operate an auto sales and service establishment from this site. The property is zoned B-4 and the use is permitted by Conditional Use Grant in the district. The approved plans permit the following: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • 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 009-2021 An inspection was completed on February 18, 2021 and compliance was not found. The issue/violation included cars double parked and/or parallel parked in locations that they are not allowed and in some cases were impeding access through the site. A letter was sent to the business owner identifying the issues and a follow inspection was conducted on February 24, 2021 and the site was in compliance. Due to non-compliance the owner was subject to additional reviews in September and December in addition to the standard annual review in March in 2020. Due to the non-compliance during the initial inspection, staff feels that we should again schedule a review six months out (September) to ensure compliance is found. STAFF RECOMMENDATION PC 009-2021 Approval Resolution # PC 009-2021 47 L O O M I S R D LO O MIS D R M U S K E G O D A M D R L O O M I S R D WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Frey AutoS86 W16301 Loomis Drive RESOLUTION #PC 009-2021Supplemental Map Prepared by City of Muskego Planning Department 48 RESOLUTION #P.C. 009-2021 APPROVAL OF AN ANNUAL REVIEW FOR THE CONDITIONAL USE FOR A SALES AND SERVICE ESTABLISHMENT FOR AUTOMOBILES FOR FREY AUTO SALES FOR THE PROPERTY LOCATED IN THE NE ¼ & SE ¼ OF SECTION 34 (TAX KEY NO. 2293.996.002 / S106 W16301 LOOMIS ROAD) WHEREAS, The Plan Commission approved a Conditional Use Grant and Building, Site, and Operation Plan for the sales of automobiles at the property located at S106 W16301 Loomis Road (Tax Key No. 2293.996.002) by Resolution #PC 036-2011, #PC 036-2012, #PC 025-2014 and #P.C. 055-2014, 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: • Seventy-eight (78) stalls for vehicles for sale, • Ten (10) stalls for sale customer vehicles, • Seven (7) stalls for employees, • Fourteen (14) stalls for customer repair vehicles, • Twelve (12) stalls for loaner cars, • Two (2) stalls for tow trucks/deliveries, • Two (2) enclosed outdoor storage areas, • No vehicles can be used as signage, • 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, and WHEREAS, A site inspection was conducted in February 18, 2021 and there were issues/violations found on site, and WHEREAS, The issue/violation included cars double parked and/or parallel parked in locations that they are not allowed and in some cases were impeding access through the site, and WHEREAS, A letter was sent to the business owner identifying the issues and a follow inspection was conducted on February 24, 2021 and the site was in compliance at that time. 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 and those found below. BE IT FURTHER RESOLVED, A six month review will be completed in September to ensure compliance of the 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 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 2, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 49