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Plan Commission 060121packetCITY OF MUSKEGO PLAN COMMISSION AGENDA 06/01/2021 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 from the May 5, 2021 meeting. Plan Commission Minutes 05042021.pdf PUBLIC HEARING Public Hearing for Miraj Parikh requesting a Conditional Use Grant for the purpose of allowing a vacation rental establishment/short term rental. Public Hearing Notice - Parikh.pdf CONSENT BUSINESS RESOLUTION PC 036-2021 Approval of the sale of Fireworks for TNT fireworks at the Walmart property located at W159 S6530 Moorland Road / Tax Key No. 2169.999.003. PC 036-2021 SUPPLEMENT.pdf PC 036-2021 MAP.pdf PC 036-2021 RESOLUTION.pdf PC 036-2021 SUBMITTAL.pdf RESOLUTION PC 037-2021 Approval of the sale of Fireworks for TNT fireworks at the Pick n Save property located at S74 W17005 Janesville Road / Tax Key No. 2199.999.065. PC 037-2021 SUPPLEMENT.pdf PC 037-2021 MAP.pdf PC 037-2021 RESOLUTION.pdf PC 037-2021 SUBMITTAL.pdf RESOLUTION PC 040-2021 Approval of a Two-Lot Certified Survey Map for Sylwia Gorska Enerson located at W200 S8617 Woods Road / Tax Key Nos. 2227.989.011 & 2227.989.012. PC 040-2021 SUPPLEMENT.pdf PC 040-2021 MAP.pdf PC 040-2021 RESOLUTION.pdf PC 040-2021 SUBMITTAL.pdf 1 RESOLUTION PC 043-2021 Approval of a Two-Lot Certified Survey Map for Neal Walloch located at S94 W13628 Ryan Road / Tax Key No. 2255.980. PC 043-2021 SUPPLEMENT.pdf PC 043-2021 MAP.pdf PC 043-2021 RESOLUTION.pdf PC 043-2021 SUBMITTAL.pdf RESOLUTION PC 046-2021 Approval of Accessory Structure policy regarding metal roofs and quantity of accessory structures. PC 046-2021 SUPPLEMENT.pdf PC 046-2021 RESOLUTION.pdf OLD BUSINESS FOR CONSIDERATION NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 032-2021 Approval of a Conditional Use Grant for Miraj Parikh located at W200 S10783 East Shore Drive / Tax Key No. 2287.012. PC 032-2021 SUPPLEMENT.pdf PC 032-2021 MAP.pdf PC 032-2021 RESOLUTION.pdf PC 032-2021 SUBMITTAL.pdf RESOLUTION PC 034-2021 Approval of a Building, Site and Operation Plan Amendment for The P&B Station located at S78 W16355 Woods Road / Tax Key No. 2200.996. PC 034-2021 SUPPLEMENT.pdf PC 034-2021 MAP.pdf PC 034-2021 RESOLUTION.pdf PC 034-2021 SUBMITTAL.pdf RESOLUTION PC 035-2021 Approval of a Building, Site and Operation Plan Amendment for Chip Manufacture, LLC. located at S64 W15591 Commerce Center Parkway / Tax Key No. 2166.997.008. PC 035-2021 SUPPLEMENT.pdf PC 035-2021 MAP.pdf PC 035-2021 RESOLUTION.pdf PC 035-2021 SUBMITTAL.pdf RESOLUTION PC 038-2021 Approval of a Building, Site and Operation Plan Amendment for Walmart located at W159 S6530 Moorland Road / Tax Key No. 2169.999.003. PC 038-2021 SUPPLEMENT.pdf PC 038-2021 MAP.pdf PC 038-2021 RESOLUTION.pdf PC 038-2021 SUBMITTAL.pdf RESOLUTION PC 041-2021 Approval of a Building, Site and Operation Plan Amendment for Soiree located at S73 W16582 Janesville Road / Tax Key No. 2198.993. PC 041-2021 SUPPLEMENT.pdf PC 041-2021 MAP.pdf PC 041-2021 RESOLUTION.pdf PC 041-2021 SUBMITTAL.pdf 2 RESOLUTION PC 042-2021 Approval of a Building, Site and Operation Plan Amendment for Associated Bank located at S76 W17655 Janesville Road / Tax Key No. 2196.966.001. PC 042-2021 SUPPLEMENT.pdf PC 042-2021 MAP.pdf PC 042-2021 RESOLUTION.pdf PC 042-2021 SUBMITTAL.pdf RESOLUTION PC 045-2020 Approval of a Building, Site and Operation Plan Amendment for Eagle Park Brewery located at S64 W15640 Commerce Center Parkway / Tax Key No. 2166.997.003. PC 045-2021 SUPPLEMENT.pdf PC 045-2021 MAP.pdf PC 045-2021 RESOLUTION.pdf PC 045-2021 SUBMITTAL.pdf PC 033-2021 Discussion of Conceptual Land Division for John Marek located at S81 W20871 Russet Court / Tax Key No. 2229.992.006. PC 033-2021 SUPPLEMENT.pdf PC 033-2021 MAP.pdf PC 033-2021 SUBMITTAL.pdf PC 039-2021 Discussion of Conceptual Architectural Style for Vintage Grounds. PC 039-2021 SUPPLEMENT.pdf PC 039-2021 SUBMITTAL.pdf PC 044-2021 Discussion of Conceptual Land Division for Kirkland Crossing located between College Avenue and Martin Drive / Tax Key Nos. 2170.991, 2173.998, 2173997 and 2176.999. PC 044-2021 SUPPLEMENT.pdf PC 044-2021 MAP.pdf PC 044-2021 SUBMITTAL.pdf 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 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 05/04/2021 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 Madden, Commissioners Bartlett, Buckmaster, Graf and Oliver, Planner Trzebiatowski. Absent: Commissioner Gazzana. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes from the April 7, 2021 meeting. Commissioner Buckmaster made a motion to approve the April 7, 2021 minutes. Commissioner Graf seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 025-2021 Approval of a Metal Roof Accessory Structure for Tonia Butkovic located at S70 W16670 Hedgewood Drive / Tax Key No. 2171.116. RESOLUTION PC 026-2021 Approval of a Two-Lot Certified Survey Map for Richard Knudsen II located at W192 S6647 Hillendale Drive / Tax Key No. 2177.933. RESOLUTION PC 029-2021 Approval of a Second Accessory Structure located at W138 S7119 Sherwood Circle / Tax Key No. 2206.998.017. RESOLUTION PC 030-2021 Approval of a Metal Roof Accessory Structure for the Mattson residents located at W191 S7436 Richdorf Drive / Tax Key No. 2189.146. Alderman Madden made a motion to approve the consent business engross. Commissioner Oliver seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION 4 RESOLUTION PC 023-2021 Recommendation to Common Council to Rezone a property from RC-2 Rural Country Estate to PD Planned Development for Kaerek Homes, Inc. located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997. Planner Trzebiatowski provided an overview of the rezoning. The petitioner is seeking a Planned Development based upon the RS-2 Suburban Residence District and the Shoreland Wetland Zoning. There was a Public Hearing last Tuesday and there were no comments. There were two emailed comments related to protecting the park, keeping speeds down, and why a Planned Development is needed rather than use the RS-2 zoning. The plan meets the Comprehensive Plan with .989 units per acre. There are 45 lots on 45.5 acre property. As part of the development there are three roads. The petitioner is not asking for a reduced lot size. The petitioner is asking for offsets of 100 feet width reduced from 110 feet, 30-foot setback reduced from 40 feet, 15-foot offsets reduced from 15 and 20 feet, and the rear offset to be increased to 25 feet from 20 feet. The applicant is also not asking for any density bonus. The rezoning would be subject to final plat approval. Commissioner Graf asked to clarify that this is only a recommendation to Council. Mayor Petfalski confirmed this is only a recommendation. Commissioner Graf asked when the setback requests come into play. Planner Trzebiatowski explained the rezoning request includes the setback changes as part of the Planned Development District. Alderman Madden made a motion to approve Resolution PC 023-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 024-2021 Approval of a Preliminary Plat for the Mallard Pointe Subdivision located at Priegel Drive and Durham Drive / Tax Key Nos. 2211.996.002 and 2211.997. Planner Trzebiatowski explained that this is the second half the previous request. There are 45 lots an d 5 outlots. The development complies with the Comprehensive Plan and the technical review is underway. Alderman Madden made a motion to approve Resolution PC 024-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 027-2021 Approval of a Building, Site and Operation Plan Amendment for Jennifer Halverson of Tail Spin Bar & Grill located at S64 W18295 Martin Drive / Tax Key No. 2174.189. Planner Trzebiatowski provided an overview of the proposal including permanent outdoor seating on the south side of the existing business. In July of last year the applicant did obtain staff approval for temporary outdoor seating and this would make that seating permanent. They are working with the clerk’s office for needed approvals for liquor and music outdoors. Staff does not see any issues, but note that review is needed for any signage or lighting. Otherwise there are no issues with what was there last year. Commissioner Graf asked if this is moving from temporary Covid outdoor seating to permanent outdoor seating. Planner Trzebiatowski confirmed. Commissioner Graf asked about any upgrades. Commissioner Graf asked the petitioner what is intended or if there are any improvements being made. The petitioner explained that they are discussing concrete patio where some gravel currently exists, but otherwise looking at the tables and seating. Planner Trzebiatowski explained that some of the area is concrete and there is an area of gravel. They are not adding anything. 5 Mayor Petfalski asked to clarify if most of the tables are on the paved area. The petitioner said for the most part the tables are on the paved area but there were a couple tables on the gravel. The gravel area is packed down and so rocks are not being kicked up. Commissioner Graf said this is just underwhelming compared to other things that have been approved by the Plan Commission. Planner Trzebiatowski explained that in the past the Plan Commission have asked for a one-year review to see if there are improvements that should be made to the property to accommodate the outdoor seating. Mayor Petfalski explained that they are coming in at one level and the Plan Commission would like to see the property improve rather than deteriorate. Commissioner Graf expla ined that a one-year review is a fantastic idea and everyone wants to see the business succeed and be pro -business and recommends a one-year review and hopefully the petitioner can come back and say everything was a success and have some planned upgrades. Commissioner Buckmaster made a motion to approve Resolution PC 027-2021. Commissioner Oliver seconded. Commissioner Graf made a motion to include a one-year review. Commissioner Oliver seconded. Motion to Amend Resolution PC 027-2021 passed unanimously. Motion to approve passed unanimously. RESOLUTION PC 028-2021 Approval of a Building, Site and Operation Plan Amendment for Andrew Jacobsen of Lucky's at the Lodge located at S74 W17096 Janesville Road / Tax Key No. 2198.984.013. Planner Trzebiatowski explained this proposal is very similar to the outdoor seating area approval last year at staff level and planned for the duration of the summer season. They are planning different events and music and have been working with the Clerk’s office. This outdoor seating will not impede on the drive aisle for planning and fire safety and as for parking there is quite a bit of parking on-site as the busy time for this use will likely be opposite the other tenants in the building as well as some unused parking behind the building and if needed the on-street parking along Lannon Drive. Staff is recommending approval so long as the drive aisle not obstructed and the is approval is for 2021 and any subsequent years would require Plan Commission approval. Alderman Kubacki mentioned his concern that the tent is across the drive aisle from the building so anyone going to the outdoor tent will be walking through the drive aisle and a blind corner from the back of the building. Commissioner Oliver mentioned that he was there last year and people were very careful and there were a significant number of employees there making sure safety was a priority. Commissioner Buckmaster also spend time there last year and found that safety was not an issue. Planner Trzebiatowski explained that this building is surrounded by a drive aisle so there really isn’t a seco nd location on site that would be better. Commissioner Buckmaster made a motion to approve Resolution PC 028-2021. Commissioner Graf seconded. Motion to approve passed unanimously. RESOLUTION PC 031-2021 Approval of a Building, Site and Operation Plan Amendment for Pop's MarketPlace located at S70 W16050 Janesville Road / Tax Key No. 2172.999. Planner Trzebiatowski explained that this is a continuation of the activities and events the petitioner was approved for last year. This is another case of the one-year approval, or trial run where the petitioner is back for approval moving forward. There were no issues or concerns from anyone last year events. The same types of events are approved moving forward and this resolution is drafted to provide approval for similar events of the same scale including the food trucks, mini-markets, and music while maintaining the site standards such as ensuring the drive aisle is free for vehicles and the parking areas are open to patrons. This approval is written for only Pop’s MarketPlace moving forward and if someone else were to come along a new approval would be needed. This is not meant to be another one-year approval, but rather an approval moving forward with the standards and the ability to come back to Plan Commission if issues arise with noise, parking, 6 refuse enclosures, etc. Mayor Petfalski added that there is a parking agreement with ProHealth for ove rflow parking on the weekends. Alderman Madden made a motion to approve Resolution PC 031-2021. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS Discussion of material usage and quantity of accessory structures on residential property. Planner Trzebiatowski explained that there are more and more accessory buildings on the agendas. As of now all accessory structures must match the colors and materials as the home. Metal as a roofing material has become more popular. This started as a discussion that is now in front of the Plan Commission and could start as a policy change that could be codified in the future that essentially sets parameters where residents can get approval for a smaller structure with a metal roof that matches color they can just go through a permit review rather than going through the Plan Commission for approval. Possible guidelines would be a smaller structure, or 15’ x 15’ or 225 square feet with a metal roof. This size would allow the smaller shed and the standard pergola’s that we are seeing. They would still be required to have matching color, but would not need Plan Commission approval, which would save time and money for the residents. A car port structure with a metal roof would still need Plan Commission approval. This would not include any buildings that have metal sides. A second category would include the number of buildings. Right now everyone is allowed one structure 120 square feet or less and one structure over 120 square feet. If someone has a small shed and wants another or a pool cabana, right now they must come to Plan Commission for approval even though they are well below the total size limit for the property. The second proposal allows for two of one category and one of the other for a total of three accessory structures without needed Plan Commission approval. The total size limits remain as it exists now, but it may be easier for some land owners. Commissioner Oliver asked about the setbacks. Planner Trzebiatowski explained that setbacks and offsets are not affected by this change at all. Mayor Petfalski said that they need to follow all of the guidelines and rules, but just wouldn’t need to come to Plan Commission. Planner Trzebiatowski explained that based on the number of approvals of almost 30 in indicates that this is not that big of a deal. Mayor Petfalski mentioned that it saves the applicant $100. Commissioner Graf mentioned that the color match for a metal roof is still required. Planner Trzebiatowski explained that a waiver for the colors matching would still require Plan Commission approval. Mayor Petfalski asked that a resolution be put together so there is a record of the policy change. ADJOURNMENT Commissioner Bartlett made a motion to adjourn. Alderman Madden seconded. Meeting adjourned. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 7 I0410820205FeetScale: Legend Affected Area Properties within 300 ft Municipal Bounda ry Righ t-of-Way Pa rcels Stru ctures Lake E a s t S h o r e D r . N o r t h S h o r e D r . LakeDenoon Racine Ave. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Plan Commission of the City of Muskego will hold a Public Hearing at 6:00 PM, or shortly thereafter, on Tuesday, June 1, 2021, at Muskego City Hall, W 182 S8200 Racine Avenue, to consider the following: Upon the petition of the Miraj Parikh shall the following property known as: Tax Key No. 2287.012 / W200S10783 East Shore Drive Be granted a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the purpose of allowing a vacation rental establishment/short term rental. The petitioner’s application is available for public inspection at the City of Muskego Planning Division. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego/Waukesha NOW Newspaper on May 12, 2021 and May 19, 2021. Dated this 4th day of May, 2021. 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 AND 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. NOTICE "Please note that, 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 the Planning Division at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." 8 City of Muskego Plan Commission Supplement PC 036-2021 For the meeting of: June 1, 2021 REQUEST: Approval of Temporary Fireworks Sales at Wal-Mart W159 S6530 Moorland Road / Tax Key No. 2169.999.003 NE ¼ of Section 3 PETITIONER: Matt Sokol, TNT Fireworks INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 036-2021 Petitioner proposes to operate a temporary fireworks sales stand in the Wal-Mart parking lot. A 20’ x 40’ tent is proposed along with a storage unit for overnight security. Signage has been noted on the proposal as temporary banners that will be hung from each side of the tent and small directional signs at the entrances of the parking lot. Operations are proposed from June 20th – July 10th, 2021, from 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site and the restroom facilities. DISCUSSION PC 036-2021 The proposal is consistent with operations of other vendors in Muskego. A transient merchant license must be obtained from the City Clerk’s Office. As allowed with other firework sales locations, a storage container may be on site. There have been no problems with the storage container in the past. All tents and storage must be located within parking stalls and no drive aisles can be blocked anywhere on site. The small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the actual Wal-Mart property. STAFF RECOMMENDATION PC 036-2021 Approval of Resolution #PC 036-2021 9 M O O R L A N D R D COMME RCE CE NTE R PKW Y WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet TNT Fireworks at Wal-Ma rtW159 S6530 Moorland Roa d Resolution #PC 036-2021Supplemental Map Prepared by City of Muskego Planning Department 10 RESOLUTION #P.C. 036-2021 APPROVAL FOR SALE OF FIREWORKS FOR TNT FIREWORKS AT THE WAL-MART PROPERTY LOCATED IN THE NE ¼ OF SECTION 3 (W159 S6530 MOORLAND RD / TAX KEY NO. 2169.999.003) WHEREAS, A request has been submitted by Matt Sokol for TNT Fireworks to locate a temporary sales tent and signs advertising the sale of fireworks at the Wal-Mart property located at W159 S6530 Moorland Road, and WHEREAS, Fireworks sales were previously operated at this location and temporary sales vendors are limited to one on site at any one time with Plan Commission approval, and WHEREAS, The tent canopy will be 20’ x 40’ in size, and WHEREAS, Signage has been noted on the proposal as temporary banners that will be hung from each side of the tent and small directional signs at the entrances of the parking lot, and WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations has been provided, and WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division for any electricity hookups, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at the Wal-Mart parking lot for fireworks sales for Matt Sokol, TNT Fireworks, subject to the following conditions: 1. Dates of operation approved from June 20th, 2021 to July 10th, 2021, and 2. Hours of operation permitted only from 9 am to 9 pm, and 3. A letter of approval from the property owner has been submitted to the Planning Division approving rental space for TNT Fireworks and allowing for the use of the Wal-Mart’s restrooms, and 4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior to any site work on the property, if applicable, and 5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office. BE IT FURTHER RESOLVED, That the small directional signs cannot be within any right -of-ways or vision corners and they can only be placed on the actual Wal-Mart property. BE IT FURTHER RESOLVED, All tents and storage must be located with parking stalls and no drive aisles can be blocked anywhere on site. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 11 12 13 14 15 City of Muskego Plan Commission Supplement PC 037-2021 For the meeting of: June 1, 2021 REQUEST: Approval of Temporary Fireworks Sales at Pick n Save S74 W17005 Janesville Road / Tax Key No. 2199.999.065 NW & SW ¼ of Section 10 PETITIONER: Matt Sokol, TNT Fireworks INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 037-2021 Petitioner proposes to operate a temporary fireworks sales stand at the Pick n Save parking lot identical to the stand proposed in the Wal-Mart parking lot. A 20’ x 40’ tent is proposed along with a storage unit for overnight security. Signage has been noted on the proposal as temporary banners that will be hung from each side of the tent and small directional signs at the entrances of the parking lot. Operations are proposed from June 20th – July 10th, 2021, from 9:00 am to 9:00 pm. Permission has been received from the property owner to use the site and the restroom facilities. DISCUSSION PC 037-2021 The proposal is consistent with operations of other vendors in Muskego. A transient merchant license must be obtained from the City Clerk’s Office. As allowed with other firework sales locations, a storage container may be on site. There have been no problems with the storage container in the past. All tents and storage must be located within parking stalls and no drive aisles can be blocked anywhere on site. The small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the actual Wal-Mart property. STAFF RECOMMENDATION PC 037-2021 Approval of Resolution #PC 037-2021 16 PA R KL AN D D R J A N E S V I L L E R D G R E G O R Y D R JA C O B C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet TNT Fireworks at Pick n SaveS74 W17005 Janesville Road Resolution #PC 037-2021Supplemental Map Prepared by City of Muskego Planning Department 17 RESOLUTION #P.C. 037-2021 APPROVAL FOR SALE OF FIREWORKS FOR TNT FIREWORKS AT THE PICK N SAVE PROPERTY LOCATED IN THE NW & SW ¼ OF SECTION 10 (S74 W17005 JANESVILLE ROAD / TAX KEY NO. 2199.999.065) WHEREAS, A request has been submitted by Matt Sokol for TNT Fireworks to locate a temporary sales tent and signs advertising the sale of fireworks at the Pick n Save property located at S74 W17005 Janesville Road, and WHEREAS, Fireworks sales were previously operated at this location and temporary sales vendors are limited to one on site at any one time with Plan Commission approval, and WHEREAS, The tent canopy will be 20’ x 40’ in size, and WHEREAS, Signage has been noted on the proposal as temporary banners that will be hung from each side of the tent and small directional signs at the entrances of the parking lot, and WHEREAS, A site plan has been filed for staff review and proof of sanitary facilities accommodations has been provided, and WHEREAS, An electrical permit and inspection will be required through the Building Inspection Division for any electricity hookups, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerks Office. THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand at the Pick n Save parking lot for fireworks sales for Matt Sokol, TNT Fireworks, subject to the following conditions: 1. Dates of operation approved from June 20th, 2021 to July 10th, 2021, and 2. Hours of operation permitted only from 9 am to 9 pm, and 3. A letter of approval from the property owner has been submitted to the Planning Division approving rental space for TNT Fireworks and allowing for the use of the Wal-Mart’s restrooms, and 4. Applicable electrical permits / licensing must be obtained from the Building Inspection Division prior to any site work on the property, if applicable, and 5. Petitioner to obtain a Transient Merchants License from the Clerk-Treasurer’s Office. BE IT FURTHER RESOLVED, That the small directional signs cannot be within any right-of-ways or vision corners and they can only be placed on the actual Pick n Save property. BE IT FURTHER RESOLVED, All tents and storage must be located with parking stalls and no drive aisles can be blocked anywhere on site. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 18 19 20 21 22 23 City of Muskego Plan Commission Supplement PC 040-2021 For the meeting of: June 1, 2021 REQUEST: Two (2) Lot Land Division – Certified Survey Map W200 S8617 Woods Road / Tax Key Nos. 2227.989.011 & 2227.989.012 SW ¼ of Section 17 & NW ¼ of Section 20 PETITIONER: Sylwia Gorska Enerson INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 040-2021 The petitioner is proposing to split the property into two separate lots by Certified Survey Map (CSM). One additional lot is being created as part of this CSM. The proposed lots are 10.220 acres and 7.796 acres in size. The property is located along Woods Road. PLAN CONSISTENCY PC 040-2021 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 A-1 Agricultural District. This zoning requires minimum lot sizes of 120,000 SF and an average lot width of 300 feet. Each lot has more than 100 feet of frontage. All lots are required to have at least 80 feet of frontage on Woods Road. The proposal is consistent with the Code. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. The property is identified as a High Priority Conservation area. Street System Plan: All lands for Woods Road have been previously dedicated. The proposal will be consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: Public sanitary sewer is just to the north of this property. The proposal will be reviewed by Engineering and Public Works to see if sewer main extension is necessary. Water Capacity Assessment District: The public water system is located north of this property. T he proposal will be reviewed by Engineering and Public W orks to determine if water main extensions are needed. 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. 24 DISCUSSION PC 040-2021 The applicant is seeking to divide her property into two in order to create a new buildable lot. The lots will be approximately 10.2 acres and 7.796 acres, which exceed the minimum lot size. The petitioner is in the final stages of purchasing additional land from the City to meet the minimum frontage requirement. The land purchase from the City must be finalized prior to recording this Certified Survey Map. 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 040-2021 Approval of Resolution PC 040-2021 25 WOODS RD WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Sylwia Gorska EnersonW200 S8617 Woods Road Resolution #PC 040-2021Supplemental Map Prepared by City of Muskego Planning Department 26 RESOLUTION #P.C. 040-2021 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE ENERSON PROPERTY LOCATED AT W200 S8617 WOODS ROAD / TAX KEY NOS. 2227.989.011 & 2227.989.012 WHEREAS, A Certified Survey Map (CSM) was submitted by Sylwia Gorska Enerson for a two (2) lot land division located at W200 S8617 Woods Road / Tax Key Nos. 2227.989.011 & 2227.989.012, and WHEREAS, This CSM is splitting the property into two lots, and WHEREAS, The proposed lots are 10.220 acres and 7.796 acres in size, and WHEREAS, The property is zoned A-1 Agricultural District and requires minimum lot sizes of 120,000 SF with a minimum average width of 300 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed lots are consistent with the plan, and WHEREAS, Both the public sanitary sewer and water systems are just to the north of this property and Engineering and Public Works will be reviewing this proposal to determine whether sewer and/or water main extensions are required for this land division, and WHEREAS, All lots are typically required to have at least 80 feet of frontage on a dedicated right-of-way and 80 feet of land leading to the buildable area of the lot and this width must be shown on the Certified Survey Map for Lot 1, and WHEREAS, As part of this land split, the applicant is purchasing some unused land from the City and said land purchase must be finalized prior to recording this Certified Survey Map. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Sylwia Gorska Enerson for a two (2) lot land division located at W200 S8617 Woods Road / Tax Key Nos. 2227.989.011 & 2227.989.012, 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: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 27 28 City of Muskego Plan Commission Resolution PC 043-2021 For the meeting of: June 1, 2021 REQUEST: Two (2) Lot Land Division – Certified Survey Map S94 W13628 Ryan Drive / Tax Key No. 2255.980 SW ¼ of Section 24 PETITIONER: Neal Walloch INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 043-2021 The petitioner has submitted a Certified Survey Map to split his property into two separate lots on the land where there is an existing house. The proposed lots are 1.01 acres and 4.144 acres in size. The property is located along Ryan Road opposite Brookview Court. The petitioner brought a preliminary sketch to the Plan Commission in April 2021 for a conceptual review and generally received favorable comments. PLAN CONSISTENCY PC 043-2021 Comprehensive Plan: The 2020 Plan depicts the area for low density residential uses (0.5- 0.99 units/acre). The proposed land division meets the density requirement since each lot at least is 44,000 SF in size Zoning: The property is zoned RSE Suburban Estate District. That district requires lots to be at least 40,000 square feet in area with a minimum average width of at least 150 feet. The proposed concept is not consistent with the Zoning Code. Adopted 208 Sanitary Sewer Service Area: The current home is serviced via public sanitary sewer. The applicant would need to contact the Utilities Department to further explore the options for an additional sewer connection, but the new lot would most likely need to be connected to city sewer. Water Capacity Assessment District: The existing home is serviced with a private well and the new home would most likely need to be on City water since water is located in Ryan Drive. DISCUSSION PC 043-2021 The applicant currently owns a home on the 5.1-acre property and is seeking approval to split off an additional parcel. Due to the narrow street frontage, the petitioner is seeking a waiver to the Land 29 Division Ordinance that requires 80 feet of width/frontage. The frontage along the road f or the larger lot (Lot 1) is 95.24 feet. However, where the existing home is located the lot narrows to 25.30 feet. At the conceptual review the Plan Commission provided favorable feedback and did not have any issues with the narrow portion of the lot as the lot widens out to the full 175-feet to the north of Lot 2. Additionally, the narrow portion of the lot was discussed as being wide enough for a driveway without any issues. A technical review is in process and corrections/additions need to be addressed prior to the CSM being 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 043-2021 Approval of Resolution PC 043-2021 30 R YA N D R FAIRWAY LN OLD COURSE WAY B R O O K V I E W C T WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Neal WallochS94 W13628 Ryan Road Resolution #PC 043-2021Supplemental Map Prepared by City of Muskego Planning Department 31 RESOLUTION #P.C. 043-2021 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR NEAL WALLOCH LOCATED AT S94 W13628 RYAN DRIVE / TAX KEY NO. 2255.980 WHEREAS, A Certified Survey Map (CSM) was submitted by Neal Walloch for a two (2) lot land division located at S94 W13628 Ryan Drive / Tax Key No. 2255.980, and WHEREAS, The proposed lots are approximately 1.01 acres and 4.144 acres in size, and WHEREAS, The property is zoned RSE Suburban Estate District and requires minimum lot sizes of 40,000 SF with a minimum average width of 150 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for low density residential uses and the proposed CSM is consistent with the plan, and WHEREAS, The current home is serviced via public sanitary sewer, but the applicant will need to contact the Utilities Department to further explore the options for an additional sewer connection, but the new lot would most likely need to be connected to city sewer, and WHEREAS, The existing home is served by private well and the new home would most likely need to be on City water since water is located in Ryan Drive WHEREAS, A conceptual CSM was reviewed by the Plan Commission in April 2021 that showed the lot narrowing to approximately 25 feet and the Plan Commission did not have any issues with the 25-foot width, and WHEREAS, Each lot contains at least 80 feet of frontage, as required, but the larger lot narrows to about 25 feet at the narrowest point, and WHEREAS, Both lots have direct access to Ryan Road. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Neal Walloch for a two (2) lot land re-division located at S94 W13628 Ryan Drive / Tax Key No. 2255.980, 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: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 32 33 City of Muskego Plan Commission Supplement PC 046-2021 For the meeting of: June 1, 2021 REQUEST: Accessory Structure Plan Commission Review Policy PETITIONER: City of Muskego INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP DISCUSSION PC 046-2021 At the May 4th Plan Commission meeting there was a discussion about the number of accessory structures coming before the Plan Commission for approval that have a metal roof and/or are the second accessory structure of the specific size. Since the Plan Commission typically approves these sheds in the consent agenda after having reviewed the submittal and staff write-up without individual discussion at the meetings, it is appropriate to move forward with a policy that allows these sheds and accessory structures to be reviewed and approved by staff without burdening residents with the submittal fee and the time to wait for the next Plan Commission meeting. The standards that staff will move forward with to approve the shed and accessory structures that typically needed Plan Commission review include: 1. The total number of garden sheds and accessory structures is raised to three with a limit of two of any one category being above or below 120 square feet so long as the total accessory structure square footage meets the requirements of Section 400-167(C)(2). 2. Metal roofs on sheds, accessory structures or gazebo/pergola structures that are 225 square feet or less in size and where the metal roof matches, or closely matches the color of the roof on the house. The structures over 225 square feet, carport structures, and sheds and accessory structures with metal siding will still need Plan Commission approval. Additionally, knowing that a policy will not cover every style and type of structure in the future, any proposed shed or accessory structure that may be in question, staff will require Plan Commission review. STAFF RECOMMENDATION PC 046-2021 Approval of Resolution PC 046-2021 34 RESOLUTION #P.C. 046-2021 ACCESSORY STRUCTURE PLAN COMMISSION REVIEW POLICY WHEREAS, Chapter 400-167 regulates accessory structures and when Plan Commission review is required, and WHEREAS, The number of accessory structures coming before the Plan Commission for approval that have a metal roof and/or are the second accessory structure of the specific size has increased, and WHEREAS, The Plan Commission typically approves these sheds in the consent agenda after having reviewed the submittal and staff write-up without individual discussion, and WHEREAS, Going forward a policy will allow a sheds and accessory structures (225 square feet or less in size) with a metal roof and/or the second accessory structure of the specific size category to be approved via staff and building permits, and WHEREAS, This policy change will eliminate burdening residents with the submittal fee and the time to wait for the next Plan Commission meeting, and WHEREAS, Accessory structures over 225 square feet, carport structures, and sheds and accessory structures with metal siding will still need Plan Commission approval, and WHEREAS, Since this policy will not cover every style and type of accessory structure in the future, any proposed shed or accessory structure that may be in question, staff will require Plan Commission review. THEREFORE BE IT RESOLVED, That the Plan Commission approved the policy change to allow specific accessory structures be approved at the staff level during building permit review including the follow ing: 1. The total number of garden sheds and accessory structures is raised to three with a limit of two of any one category being above or below 120 square feet so long as the total accessory structure square footage meets the requirements of Section 400-167(C)(2). 2. Metal roofs on sheds, accessory structures or gazebo/pergola structures that are 225 square feet or less in size and where the metal roof matches, or closely matches the color of the roof on the house. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 35 City of Muskego Plan Commission Supplement PC 032-2021 For the meeting of: June 1, 2021 REQUEST: Conditional Use Grant (CUG) for Miraj Parikh W200 S10783 East Shore Drive / Tax Key No. 2287.012 SW ¼ of Section 32 PETITIONER: Miraj Parikh INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski AICP BACKGROUND PC 032-2021 The petitioner is requesting approval of a Conditional Use Grant (CUG) for the allowed use of a short- term vacation rental establishment. Their current property consists of a house in the center of the lot, a garage close to East Shore Drive and a boathouse near the water. Conditional Use Grant approval is required when a residential property wants to be able to be rented and/or leased for less than one month at a time. Homes that are rented for a month at a time or longer are not regulated by the City. CONSISTENCY WITH ADOPTED PLANS 032-2021 STAFF DISCUSSION PC 032-2021 As stated above the petitioner is seeking a Conditional Use Grant (CUG) in order to allow short term vacation rentals for a period of less than one month at a time. The petitioner and him family purchased the property in 2016 and used the property and lake regularly as their own vacation home. Since 2019, the petitioner has not been able to use the lake and property as such as previously and they would still like to keep the property “in the family.” They have allowed friends and relatives use the property when they are not able. The petitioner has even rented the property in the past as both short term and long-term rentals. The long-term rental did not work out as desired, but the short-term renters provided a positive response. The intent is to rent the vacation home to small groups in mostly non-summer months and select renters in May and June and obtain some income from the property to allow them to keep the home in their family. The Zoning Code has a list of reasonable conditions to be considered when approving a CUG for vacation rentals. The petitioner has provided a statement pertaining to each of the conditions. First, there are state approvals/permits needed for these types of uses under the “tourist rooming house” Comprehensive Plan: The 2020 Plan depicts the property as Medium Density Residential uses. This proposal is consistent with the plan. Zoning: The property is zoned RL-2 – Lakeshore Residence District. A vacation rental establishment is allowed this district subject to Conditional Use Grant. 36 previsions. The applicant is in the process of obtaining these permits, which a copy must be submitted to the City prior to renting or leasing the home. The resolution is drafted as such. A vacation register will be required to be kept documenting the actual names and address of all guests and the register must be available for inspection by the Muskego Police Department for a period of not less than one year. The petitioner states that they will track all guests via shared rental sites and the signed registration book will be available for review by the City as needed. Physical characteristics required of a vacation rental property include one improved parking stall for every guest bedroom (with a minimum of three stalls), proper address numbers, clearly delineated property lines via fences or vegetation, and having proper/adequate sewer facilities. The petitioner has explained that these conditions have been met. One note staff wanted to bring up is relating to the delineated property line requirement. On the north side of the property near the lake has a few bushes and the front yard marked by a We Energies utility poles. The south side of the property includes a boathouse and hedges on the lake side and large trees in the front yard. Staff doesn’t believe that a marker on either end of the property line is a clear delineatio n of the full property line. The current lot lines are fairly ambiguous when looks at the provided photos. The Resolution is drafted to require the property lines be more clearly delineated via vegetation or fencing that must be approved and installed on both the north and south property lines prior to renting or leasing the home as a vacation rental. Related to the sleeping quarters and guests; sleeping quarters can only be located inside of the principal structure (not in outbuildings or via camping on site). Additionally, there can never be more than 20 people or the maximum number of people allowed on the property and each sleeping area meet the minimum area requirements set by the State. The petitioner states that only small families will be allowed and the 3 bedroom / 3,000 square foot house can accommodate 6 adults in the bedrooms and up to 6 more adults in the upstairs bonus room and common areas. The petitioner has stated that their intention is to limit the groups to no larger than 8. The Plan Commission shall consider the potential impacts to the surrounding neighborhood and proximity to any existing bed-and-breakfast. There are not any approved short-term, or vacation rental properties, or bed-and-breakfast businesses on Lake Denoon. Any future establishment will be required to go through the Conditional Use Grant process identical to this. Impacts to the surrounding neighborhood are best identified by the neighbors who have experienced the previous rentals of this property. As of this writing, we have received five separate letters/emails opposing the use as a rental property. The letters cited separate incidents of renters when the property was used as a rental in the past. Generally, the opposition to the rental use is due to the fact that short term renters are looking to enjoy their vacation while the neighbors are full -time residents and feel their way of life is being impeded by ‘renters’ that they do not know. The letters received have been included in the packet for your detailed review. Short Term Rental Regulations The City of Muskego and the State of Wisconsin have codes, or rules regarding allowing or prohibiting the use of renting property whether it is on a lake, middle of a subdivision, or a rural home. Regardless, in the City of Muskego long term rentals, or people leasing or renting their property for one month or more at a time is allowed without any approvals by the City. Pursuant to state law, the City of Muskego is prohibited from enacting or enforcing an ordinance that prohibits the rental of a residential dwelling for seven consecutive days or longer. The City may require a permit, which in this case is the Conditional Use Grant with reasonable conditions, may impose a tax on the rental activity and may limit the total number of days to no fewer than 180 days in any 365-day period but may not dictate which 180 days. Finally, for rentals less than seven days, everything is the same as the seven days to one -month category except the City can limit the renters to only one group of renters in a seven-day period. This means that regardless of the number of days the renters stay in the rental unit, the next rental time period starts at least seven days from the start of the previous rentals. A better example wou ld be if you have a rental from Friday to Monday, you cannot have another renter until the next Friday. 37 Conditional Use Grant Short term rentals in Muskego are required to obtain a ‘permit’ which is done through the Conditional Use Grant approval process. Wisconsin law on Conditional Use Grants, or permits, requires that any applicable conditions for approval, or denial, be reasonable and measurable and not personal opinions, preferences or speculation of negative consequences. If the petitioner meets or agrees to meet all of the requirements and conditions specified in the Code, the law states that the Plan Commission must approve the CUG. Other Notes A few conditions of approval noted within the resolution are as follows: BE IT FURTHER RESOLVED, That a survey must be provided to the City for approval illustrating and detailing the additional physical means that will used to delineate the property lines more clearly, such as vegetation and/or fencing. BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked vehicles, trailers, etc. is allowed on site at any time. BE IT FURTHER RESOLVED, If rooming/lodging tax is established by the City of Muskego, this property as a vacation rental would be subject to said tax. BE IT FURTHER RESOLVED, A copy of Department of Agriculture, Trade and Consumer Protection (DATCP) license must be provided to city prior to renting or leasing the property. BE IT FURTHER RESOLVED, Proper state sales and use taxes must be collected and fo rwarded to the Wisconsin Department of Revenue and/or any other taxing agencies. BE IT FURTHER RESOLVED, An annual review of this Conditional Use Grant should be conducted annually to ensure compliance is being maintained as it relates to all City and State codes and as it relates to this approval Resolution. STAFF RECOMMENDATION PC 032-2021 Approval of Resolution # PC 032-2021 38 E A S T S H O R E D R WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Miraj ParikhW200 S10783 East Shore Drive Resolution #PC 032-2021Supplemental Map Prepared by City of Muskego Planning Department 39 RESOLUTION P.C. 032-2021 APPROVAL OF A CONDITIONAL USE GRANT FOR MIRAJ PARIKH LOCATED AT W200 S10783 EAST SHORE DRIVE IN THE SW ¼ OF SECTION 32 (TAX KEY NO. 2287.012) W HEREAS, A submittal was received from Miraj Parikh for a Conditional Use Grant (CUG) at W200 S10783 East Shore Drive / Tax Key No. 2287.012, and WHEREAS, The petitioner is requesting to be allowed to operate a short-term vacation rental establishment from their home/property on the east shore of Lake Denoon, and WHEREAS, The property consists of a single-family home in the center of the lot, a garage close to East Shore Drive and a boathouse near the water, and WHEREAS, The petitioner and family purchased the property in 2016 and used the property and lake regularly, and WHEREAS, Friends and relatives have used the property along with short term and long-term renters in the past, and WHEREAS, The property is currently zoned as RL-2 – Lakeshore Residence District, and WHEREAS, Vacation rental establishments are permitted by Conditional Grant, and WHEREAS, The applicant is in the process of obtaining the rooming house permits through the State of Wisconsin, and WHEREAS, The petitioner will track all guests via shared rental sites and the signed registration book will be available for review by the City as needed and said register must documenting the actual names and address of all guests, and WHEREAS, The petitioner has explained that there is at least one improved parking stall for every guest bedroom, address numbers posted on the house, clearly delineated property lines via fences or vegetation and having proper/adequate sewer facilities, and WHEREAS, The petitioner states that only small families will be allowed and the 3 bedroom / 3,000 square foot house can accommodate 6 adults in the bedrooms and up to 6 more adults in the upstairs bonus room and common areas, but the intention is to limit the groups to no larger than 8, and WHEREAS, There are not any approved short-term or vacation rental properties or bed-and-breakfast businesses on Lake Denoon, and WHEREAS, Long term rentals, or people leasing or renting their property for one month or more at a time , are allowed without any approvals by the City, and WHEREAS, Pursuant to state law, the City of Muskego is prohibited from enacting or enforcing an ordinance that prohibits the rental of a residential dwelling for seven consecutive days or longer, and WHEREAS, For rentals of seven consecutive days or longer the City may require a permit, which in this case is the Conditional Use Grant with reasonable and measurable conditions, may impose a tax on the rental activity and may limit the total number of days to no fewer than 180 days. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant for Miraj Parikh for the allowance of a short-term vacation rental establishment subject to the contingencies listed below. BE IT FURTHER RESOLVED, That a copy of all required state approvals needed for rooming house permits be submitted to the City prior to renting or leasing the home. BE IT FURTHER RESOLVED, That a survey must be provided to the City for approval illustrating and detailing the additional physical means that will used to delineate the property lines more clearly, such as vegetation and/or fencing. 40 BE IT FURTHER RESOLVED, All guest sleeping quarters are limited to the primary structure on the property and no sleeping in the garage, boathouse, camper, vehicle or tent be allowed. BE IT FURTHER RESOLVED, No outside storage/display of any parts, materials, junked/wrecked vehicles, trailers, etc. is allowed on site at any time. BE IT FURTHER RESOLVED, A copy of Department of Agriculture, Trade and Consumer Protection (DATCP) license must be provided to city prior to renting or leasing the property. BE IT FURTHER RESOLVED, Proper state sales and use taxes must be collected and forwarded to the Wisconsin Department of Revenue and/or any other taxing agencies. BE IT FURTHER RESOLVED, If rooming/lodging tax is established by the City of Muskego, this property as a vacation rental would be subject to said tax. BE IT FURTHER RESOLVED, An annual review of this Conditional Use Grant should be conducted annually to ensure compliance is being maintained as it relates to all City and State codes and as it rel ates to this approval Resolution. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 1 Aaron Fahl From:Adam Trzebiatowski Sent:Wednesday, May 26, 2021 2:22 PM To:Aaron Fahl Subject:FW: Objection to conditional usage grant for short term rentals on lake denton Please print this one too.    Adam    From: mike kopac <kopac9@yahoo.com>   Sent: Wednesday, May 26, 2021 2:08 PM  To: Adam Trzebiatowski <ATrzebiatowski@cityofmuskego.org>  Subject: Objection to conditional usage grant for short term rentals on lake denton    May 26, 2021 My name is Michael Kopac. I live at W200S10763 East Shore drive on Lake Denoon. I am writing in objection to short term rentals on Lake Denoon. The people living out here enjoy the comfort, quietness and security of where we live. We have worked hard and pay taxes to live here. With short term rentals we have no idea who will be coming into our neighborhood week after week. I have witnessed on east shore drive people who were renting, driving recklessly down our street where our children play, reving their engines early in the morning for the whole neighborhood to hear. At 1 point over 20 people coming out of a single family home. all the while the owners were not even in the state of Wisconsin. We the people who live here had to put up with it. Lake Denoon is not a resort! Turning houses into rentals on lake denoon will change the quiet neighborly lifestyle we all enjoy out here. It will also cause recklessness from renters we don't even know which will cause the police to be called out to this little tucked in area. I am asking to not allow this. Respectfully, Michael Kopac 62 1 Aaron Fahl From:Adam Trzebiatowski Sent:Thursday, May 27, 2021 10:33 AM To:Aaron Fahl Subject:FW: Conditional Use Permit for Miraj Parikh property Another one for the CUG.    From: Teresa Thorn <randtthorn@gmail.com>   Sent: Wednesday, May 26, 2021 9:29 PM  To: Adam Trzebiatowski <ATrzebiatowski@cityofmuskego.org>  Subject: Conditional Use Permit for Miraj Parikh property    Adam, This letter is to inform you and whoever else makes the decisions about changing the rules about short term rentals in Muskego, that we, Randy and Teresa Thorn, are unequivocally against Miraj and Dawn Parikh receiving a Conditional Use Permit to be allowed to rent their lake home for weekend or weekly periods of time. After retiring, we searched for 5 years for the perfect lake property and were fortunate enough to find it on Lake Denoon in 2015. The biggest draw to Lake Denoon was the peaceful, close knit and owner occupied community it is. We never would have considered moving to a lake that had resorts or homes that were rented on a short term basis. Miraj and Dawn bought the lake property two doors down East Shore Drive from us shortly after we did and came there regularly from their home in a Chicago suburb the first couple of years. After Miraj lost his job, he informed us he was going to be renting out the home for short term renters to help make ends meet, even though he was aware that this was not allowed 63 2 in Muskego. Randy Scheel, Miraj's next door neighbor, and I discussed the city's rules on short term renters with Miraj and he told us we couldn't tell him what to do with his own property. He also said that he would only be renting out his house temporarily, but now he is applying for a conditional use permit to rent to short term renters indefinitely. We are totally against this getting approved!! A few examples of things that happened with some of the renters are: a bachelor party of 10-12 young guys decided it was ok to play yard games in the property between ours and Miraj's and we had to tell them to get back on Miraj's property, as the owners of the property they were on weren't even there at the time. Another group of renters, who were there for a few months, had a young man living there speed down the entire stretch of our dead-end road, popping a wheelie on a motorcycle while someone was walking a dog on the road. We, naturally, confronted him about his actions, but would not have to even deal with something like this if the house wasn't being rented out. This group of individuals also gave us much reason to believe they were, at least using, but more likely, dealing drugs out of Miraj's house. Short term renters are "on vacation" and inevitably will be partying loudly, staying up late, and drinking excessively (that's not even mentioning how they will be on the water in boats or jet skis). And although we like to have a good time ourselves, we respect our neighbors and we know when to call it a night, something a renter will likely not think of because they know they'll soon be gone from our neighborhood. 64 3 This is a quiet neighborhood on a dead-end road. Let's keep it that way! Randy and Teresa Thorn W200 S10771 East Shore Drive Muskego, WI. 53150 262-497-3784 65 City of Muskego Plan Commission Supplement PC 034-2021 For the meeting of: June 1, 2021 REQUEST: Building, Site and Operation Plan Amendment (BSO) for The P&B Station Tax Key No. 2200.996 / S78 W16355 Woods Road SE ¼ of Section 10 PETITIONER: Rebecca Rodriguez INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 034-2021 The P&B Station is seeking a Building, Site and Operation (BSO) Plan amendment to allow for permanent outdoor seating at their business located at the intersection of Woods Road and Baylane Drive. The outdoor seating will be located on paved portion of the parking lot on the east side of the building and there are no structures proposed with the outdoor seating area. CONSISTENCY WITH ADOPTED PL ANS 034-2021 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is consistent with the plan. Zoning: The property is zoned B-2 – Local Service Center District and the proposal is consistent with the code. STAFF DISCUSSION PC 034-2021 As noted above, The P&B Station is seeking approval for permanent outdoor seating which would be located mostly on the paved portion of the parking lot. The outdoor seating area as proposed will be approximately out twenty feet from the building and roughly 40 feet wide. There will be five to seven tables and have a 2.5-foot brick retaining wall separating the business patrons from any vehicle traffic. A gas fire place is then proposed in the east corner of the outdoor seating ar ea and will be on a small gravel area within the area surrounded by the brick retaining wall. A Zoning Permit will be required for the retaining wall to allow for staff review of the materials prior to installation. There are no other exterior changes to the building proposed. If any lighting or signage is proposed separate reviews and permits will be required. Overall, staff feels this outdoor seating area will be a nice addition to this property. STAFF RECOMMENDATION PC 034-2021 Approval of Resolution PC 034-2021 66 W O O D S R D B AY LA N E D R B AY L A N E P L S O B E K LN SPINN AKER DR S E A F A R E R P A S S WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet The P&B StationS78 W16355 Woods Road Resolution #PC 034-2021Supplemental Map Prepared by City of Muskego Planning Department 67 RESOLUTION #P.C. 034-2021 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR THE P&B STATION LOCATED IN THE SE ¼ OF SECTION 10 (TAX KEY NO. 2200.996 / S78 W16355 WOODS ROAD) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for The P&B Station located at S78 W 16355 Woods Road / Tax Key No. 2200.996, and WHEREAS, The petitioner is proposing to add permanent outdoor seating area at their business located at the intersection of Woods Road and Baylane Drive, and WHEREAS, In July 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating (due to COVID), and WHEREAS, As part of the outdoor seating area all operations related to the outdoor seating were required to remain on the subject property and no additional structures were included with the permit, and WHEREAS, The outdoor seating area will include five to seven tables and have a 2.5-foot brick retaining wall separating the business patrons from any vehicle traffic , and WHEREAS, A gas fire place is then proposed in the east corner of the outdoor seating area and will be on a small gravel area within the area surrounded by the brick retaining wall, and WHEREAS, No new exterior changes have been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan amendment for The P&B Station at S78 W 16355 Woods Road / Tax Key No. 2200.996. BE IT FURTHER RESOLVED, Any new/altered exterior lighting 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 signage (temporary or permanent) will require further review for compliance with City sign code regulations. BE IT FURTHER RESOLVED, A zoning permit is required for the brick retaining wall. BE IT FURTHER RESOLVED, If any complaints are received regarding the noise, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the noise complaints. BE IT FURTHER RESOLVED, The P&B Station must work with the Clerk’s Office to receive all proper liquor/beer permits. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Denied: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 68 69 70 71 72 73 74 75 City of Muskego Plan Commission Supplement PC 035-2021 For the meeting of: June 1, 2021 REQUEST: Building, Site and Operation Plan (BSO) Amendment for Chip Manufacture LLC. Tax Key No. 2166.997.008 / S64 W15591 Commerce Center Parkway NW ¼ of Section 2 PETITIONER: 12 Gauge Construction, LLC. INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 035-2021 The contractor for the Chip Manufacture project is seeking to amend the BSO to add a nitrogen tank and vaporizer equipment on a concrete pad on the south side (rear) of the site immediately adjacent to the building. CONSISTENCY WITH ADOPTED PLANS 035-2021 Comprehensive Plan: The 2020 Plan depicts the property as Business Park uses. This proposal is consistent with the plan. Zoning: The property is zoned BP-3 – Business Park District and the use falls under the light manufacturing so the proposed amendment is consistent with the code. STAFF DISCUSSION PC 035-2021 As mentioned above, a nitrogen tank and vaporizer are used in the production of potato chips. As such, 12 Gauge Construction, LLC. is requesting a Building, Site and Operation Plan amendment in order to locate the nitrogen tank and vaporizer outdoors behind the building. The nitrogen tank will be just over 30-feet in height with a much shorter vaporizer. As proposed this equipment will be located on a 15’ x 30’ concrete pad. Surrounding the concrete pad is a 42-inch concrete wall with a 54-inch security fence atop the concrete wall. The security fence will be chain link with slating materials. The slat color must match the building. A series of concrete bollards surrounds the concrete wall. The color of the concrete bollards is identified as yellow in color. The bollards must be painted to match all of the other bollards behind the building, which are to be painted to match the color scheme of the principle structure, contrasting the color at the base of the building identical to the original BSO approval for the spec build under Resolution PC 014-2019. The tank and vaporizer are taller than the fence, but shorter than the building height. The exterior of the nitrogen tank is white with lettering. The color of the nitrogen tank and vaporizer should be painted to match the building, unless painting is not allowed by the tank manufacturer. All other requirements of the original Resolution PC 014-2019 remain applicable. 76 Overall, staff feels this change to the BSO approval will not become a nuisance, it is not visible and does not impact any parking or drive aisles behind the business. STAFF RECOMMENDATION PC 035-2021 Approval of Resolution PC 035-2021 77 LAWNDALE PL COMME RCE CE NTE R PKWY WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet 12 Gauge Construction, LLC.S64 W15591 Commerce Ce nte r Parkway Resolution #PC 035-2021Supplemental Map Prepared by City of Muskego Planning Department 78 RESOLUTION #P.C. 035-2021 APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR CHIP MANUFACTURE LLC. FOR THE PROPERTY LOCATED IN THE NW ¼ OF SECTION 2 (S64 W15591 COMMERCE CENTER PARKWAY / TAX KEY NO. 2166.997.008) WHEREAS, Plans were submitted by 12 Gauge Construction, LLC. For Chip Manufacture LLC. for approval of a Building, Site and Operation Plan Amendment for a property located in the NW ¼ of Section 2 (S64 W15591 Commerce Center Parkway / Tax Key No. 2166.997.008), and WHEREAS, A BSO Amendment is needed to locate a nitrogen tank and vaporizer behind the building to be used in the production of potato chips , and WHEREAS, The property is zoned BP-3, Business Park District, and WHEREAS, The 2020 Plan Depicts the area for Business Park uses and the proposal is consistent with the plan, and WHEREAS, The nitrogen tank will be just over 30-feet in height with a much shorter vaporizer, and WHEREAS, This equipment will be located on a 15’ x 30’ concrete pad surrounded by a 42 -inch concrete wall with a 54-inch security fence atop the concrete wall, and WHEREAS, The security fence will be chain link with slating materials, and WHEREAS, A series of concrete bollards surrounds the concrete wall, and WHEREAS, The white colored tank and vaporizer are taller than the fence, but shorter than the building height. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site, and Operation Plan Amendment for 12 Gauge Construction, LLC. for the property located in the NW ¼ of Section 2 (S64 W15591 Commerce Center Parkway / Tax Key No. 2166.997.008). BE IT FURTHER RESOLVED, The nitrogen tank and vaporizer must not exceed the height of the building and be painted to match the building unless painting the tank and vaporizer is not allowed by the tank manufacturer. BE IT FURTHER RESOLVED, The color of the slats must match the building. BE IT FURTHER RESOLVED, All bollards must be painted to match the color scheme of the principal structure, contrasting the color at the base of the building, and said colors need to be approved by Planning staff. BE IT FURTHER RESOLVED, All other requirements of the original Resolution PC 014-2019 remain applicable. 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: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 79 80 81 82 83 84 85 City of Muskego Plan Commission Supplement PC 038-2021 For the meeting of: June 1, 2021 REQUEST: Approval of a BSO Amendment for Wal-Mart Tax Key No. 2169.999.003/ W159 S6530 Moorland Road NE ¼ of Section 3 PETITIONER: Jennifer Paquin, pb2 architecture + engineering INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 038-2021 The petitioner is requesting a Building, Site and Operation Plan Amendment for three separate modifications to the existing Wal-Mart store. The modifications include changing the façade paint colors, relocating the exterior customer pick-up area which then requires the outdoor sales area that was previously approved by the Plan Commission to be moved. DISCUSSION PC 038-2021 The façade changes include painting the storefront to the nationally recognized gray and blue color scheme from the tan and blue color. The walls will be cleaned and repaired prior to the new paint scheme. The gray and blue color scheme will take over the entire front elevation and most of the north elevation, while the rear and south elevations will remain mostly tan colors. The tan pre-cast panels will be repaired but will remain the tan color and according to the petitioner the pre-cast panels are specially coated and treated and therefore cannot be painted. New signage will also be part of the store revision. A new main identification sign on the front of the store will be flanked by smaller signage identifying the location of the store that the int ernal departments can be found similar to what is there now. This would include the Outdoor, Home & Pharmacy, Grocery, and Pickup signage. A separate sign permit has been submitted for the new signage. The second modification is the relocation of the customer pickup area. This area used to be on the south side of the store and is being moved to the north side of the store. There are 26 parking stalls for the pickup orders to be brought to customers vehicles with individual parking signs. One part of this change is the new coolers/freezers being installed on the northern side of the store. As required for all other stores is that the mechanical units on the roof be completely screened from all sides. Wal-Mart has installed units without screening in the past, so staff would like to make sure that everyone is aware that any new rooftop mechanical units must be fully screened from all views. The petitioner is confident that the existing parapet wall will be sufficient to screen the new units. Another change resulting from relocating the grocery pickup area is the outdoor garden sales area that was recently approved for the north side parking area must be moved west across the main drive aisle. The new outdoor sales area will take up the northernmost parking aisle. The previous approval was for the 2021 and 2022 seasons. Staff feels relocating the outdoor sales area is a minor change and the new location may utilize the approval for the two-year period. STAFF RECOMMENDATION PC 038-2021 Approval of Resolution #PC 038-2021 86 M O O R L A N D R D COMME RCE CE NTE R PKW Y WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Wal-MartW159 S6530 Moorland Roa d Resolution #PC 038-2021Supplemental Map Prepared by City of Muskego Planning Department 87 RESOLUTION #P.C. 038-2021 APPROVAL FOR A BSO AMENDMENT FOR WAL-MART LOCATED IN THE NE ¼ OF SECTION 3 (W159 S6530 MOORLAND RD. / TAX KEY NO. 2169.999.003) WHEREAS, A BSO amendment request has been submitted by Jennifer Paquin for Wal-Mart located at W159 S6530 Moorland Road, and WHEREAS, The request is to repaint the store, move the customer pickup area and change the location of the seasonal outdoor sales area, and WHEREAS, The façade changes include painting the storefront to the nationally recognized gray and blue color scheme, and WHEREAS, The gray and blue color scheme will take over the entire front elevation and most of the north elevation, while the rear and south elevations will remain mostly tan colors, and WHEREAS, A separate sign permit has been submitted for the new signage, and WHEREAS, The customer pickup area is being relocated from the south side of the store to the north side of the store, and WHEREAS, the outdoor garden sales area that was recently approved for the north side par king area must be moved west across the main drive aisle, and THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for Wal- Mart located at W159 S6530 Moorland Road for the facade changes, relocated customer pickup area and new location of the seasonal outdoor sales area. BE IT FURTHER RESOLVED, That all new roof top, wall mounted and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and said screening must be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, All customer pickup signage must be permanently mounted in the ground or mounted to the building so they are not moveable. BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That the outdoor display/storage and sales of bagged goods approved with Resolution PC 017-2021 remains in full affect for 2021 and 2022 seasons with the minor change in location. BE IT FURTHER RESOLVED, That plant stands for outdoor flower and plant sales will also be allowed in front of the garden center and entrance areas. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 88 2809 Ajax Avenue Suite 100 Rogers, Arkansas 72758 Phone: 479.636.3545 May 17, 2021      City of Muskego  Attn: Aaron Fahl  W182 S8200 Racine Avenue  Muskego, WI    RE:   Wal‐Mart Store# 4677 – W159 S6530 Moorland Road  Exterior color changes and new signs    On behalf of Walmart Stores, we are respectfully requesting your consideration for a minor revision to the  exterior of the Walmart store located at W159 S6530 Moorland Road.    It is Walmart’s desire to paint the store gray with Walmart blue accents.  It is Walmart’s feeling that the time  has come to replace some of the existing colors with their nationally used brand colors of blue and grays.  This  will improve Walmart’s recognition by the public, unify their messaging, and greatly improve the appearance  of the store in your community.     It is our professional opinion that this change will not adversely affect any of Walmart’s surrounding  neighbors, or the community at large. Attached is an updated color elevation for your review.     Along with the color upgrades, Walmart would also like to request a new sign package.  The proposed signs are a  part of an integrated design for the site that includes building design and other site improvements. The signs are an  important part of operating the business.  The requested signs are primarily installed to help customers find their way to  the correct location to meet their shopping needs.  This store is made up of many departments with a variety of goods  and services.  Were the store broken down into individual businesses and lined up along a traditional hypothetical Main  Street, the grocery, bakery, pharmacy, clothing store, shoe store, online Pickup, and pharmacy would all have their own  signs to help customers find their business.  In a similar way, all the signs except for the main identifier in the center of  the store are there to tell a customer where they can find the department or service they are seeking.   The presence of the signs helps the customer find their ultimate destination and allows them to focus on their driving  which helps them safely navigate the parking lot.  Summary of sign changes:   There are currently five (5) signs on the building. The five signs include: Walmart (with spark), Pickup (with spark),  Market & Pharmacy, Home & Living, and Outdoor Living. The current square footage of the five signs is 526.98 square  feet. It is Walmart’s desire to replace the five (5) existing signs with five (5) new signs. The new signs are as follows:  Walmart (with spark), Pickup (with arrow), Grocery, Home & Pharmacy, and Outdoor. The proposed square footage of  89 the new sign package is 264.78 square feet. This is a decrease of 262.20 square feet. No additional signs are being  proposed. Attached, are before and after images of the existing and the proposed new signs.   We are kindly requesting your consideration to the proposed exterior color and sign updates to improve the  Walmart Supercenter.       If you need additional information or would like to arrange a conference call by phone, please do not hesitate  to contact me.    Thank you for your time and consideration.     Respectfully,         Jennifer Paquin  Permit Coordinator  pb2 architecture + engineering  479‐877‐6920  Jennifer.paquin@pb2ae.com    90   Walmart Store 4677 – Muskego, WI  Existing and Proposed Exterior Signs    Existing Walmart Brand sign:    Proposed Walmart Brand sign:       Existing Outdoor Living sign:     Proposed Outdoor sign: (Word Change)         91 Existing Home & Living sign:     Proposed Home & Pharmacy sign: (Word change)       Existing Market & Pharmacy sign:    Proposed Grocery sign: (Word change)                  92 Existing Pickup sign:      Proposed Pickup sign: (Relocated)         Existing Tenant signs: (Subway and FedEx)       93 Relocated Tenant sign: (FedEx only, no change to Subway sign)                      94 95 96 97 City of Muskego Plan Commission Supplement PC 041-2021 For the meeting of: June 1, 2021 REQUEST: Building, Site and Operation Plan Amendment for Soiree / Serendipity Tax Key No. 2198.993 / S73 W16582 Janesville Road NW ¼ of Section 10 PETITIONER: Nicole and Rick Hahne INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 041-2021 Soiree / Serendipity ReDesign is seeking a Building, Site and Operation (BSO) Plan amendment to eliminate the requirement of an asphalt or concrete parking surface and to continue the outdoor seating for the wine bar, located along Janesville Road west of Glen Cove Court. Soiree is located in a separate building behind the Serendipity ReDesign building, which is located closer to Janesville Road. As a condition of Resolution PC 038-2019 a paved parking area was required to be installed by June 30, 2020. Then in August 2020 via Resolution PC 052-2020 the Plan Commission extended the deadline to pave the parking area to June 30, 2021. The parking area has not been paved in asphalt or concrete at this time and is currently gravel. CONSISTENCY WITH ADOPTED PLANS 041-2021 Comprehensive Plan: The 2020 Plan depicts the property as Commercial uses. This proposal is consistent with the plan. Zoning: The property is zoned B-4 – Highway Business District and the proposed amendments are consistent with the code. STAFF DISCUSSION PC 041-2021 The first request via Building, Site and Operations Plan Amendment is to eliminate the City requirement of providing a hard-surfaced parking area for patrons and employees on their site. For the history of this request, a condition of approval for the Business Registration on June 14, 2018 and Liquor License for Soiree was to provide paved parking areas whether it was asphalt or concrete or obtain a parking agreement with a neighbor for patrons. For 2018 and 2019, Soiree obtained a cross access parking agreement with nearby businesses. When the agreements ended, Resolution PC 038-2019 extended the hard surface parking area deadline for patrons be installed by June 30, 2020. The applicant did obtain a Zoning Permit for the parking area and installed a crushed gravel parking area by the June 30, 2020 deadline. The parking area was not paved and the Common Counc il granted a liquor license for three months until September 30, 2020 pending the completion of the paved parking area. The applicant obtained an extension to June 30, 2021 via Resolution PC 052-2020 to pave the parking area from the Plan Commission. The parking area remains as crushed gravel or traffic-bond at this time. The current proposal is to eliminate the hard surface parking area requirement and allow the parking area to remain gravel. The petitioner states that the traffic-bond is an eco-friendly, permeable surface that allows drainage back into the ground without pooling and causing potholes and standing water. The 98 petitioner then states that the greater the use, the more stable and compact this surface becomes. According to Scott Kroeger, the Director of Public Works and Development, the Wisconsin Department of Natural Resources (WDNR) Technical Standard 1008 and the Milwaukee Metropolitan Sewerage District (MMSD) Chapter 13 Code which most of the City including this property is a part of , identifies traffic-bond as an impervious surface. Also, gravel/traffic bond are actually more prone to potholes/divots, poor drainage, plowing issues and the inability to properly mark parking stalls. Additionally, the petitioner states that the mandated parking surface area is for visibility/aesthetics. The claim that the paved surface parking area is for visibility or aesthetic reasons is also correct in that especially along the main commercial corridor within the City, the parking areas should rema in dust-free and be a solid surface. The requirement for paving the parking area is not specifically mandated for Soiree, but yet it is part of the Zoning Code which applies to all properties within the City limits. There are no other newer commercial business/properties in a major commercial corridor that do not have paved parking lots. No requests such as this have not been previously granted. Therefore, the Resolution is drafted to pave the parking area with concrete or asphalt. The Plan Commission needs to discuss whether or not they agree with this and if they do agree, then a time needs to be established as to when the parking area must be paved by. It is important to remind the Plan Commission that the requirement to pave was already previously required a few years ago. The second request is to allow for outdoor seating immediately west of the building. The outdoor seating area was approved last year with Resolution PC 052-2020. As a condition of the approval, the outdoor seating area was approved until June 30, 2021 and any future outdoor seating area would require a formal outdoor seating area plan approval. The outdoor seating area is planned to be improved with flowers, planters, mulch, etc. to maintain the comfortable, welcoming and relax ed atmosphere that is intended to make patrons feel as though they are relaxing in their own backyard. There are no permanent structures planned at this time. The Plan Commission needs to discuss if they are content with the proposed outdoor features and a time frame needs to be established as to when said improvements will be completed. There are no other exterior changes to the building or lighting proposed. Overall, staff feels this outdoor seating area with continued improvements will provide the relaxed outdoor seating area as intended allowing customers to feel comfortable patronizing a local business. STAFF RECOMMENDATION PC 041-2021 Approval of Resolution PC 041-2021 – Subject to the recommendation listed in this document and in the resolution. 99 J A N E S VIL L E R D B E L L VIE W D R WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet SoireeS73 W16582 Janesville Road Resolution #PC 041-2021Supplemental Map Prepared by City of Muskego Planning Department 100 RESOLUTION #P.C. 041-2021 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR SOIREE / SERENDIPITY REDISIGN LOCATED IN THE NW ¼ OF SECTION 10 (TAX KEY NO. 2198.993 / S73 W16582 JANESVILLE ROAD) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Soiree / Serendipity ReDesign located at S73 W16582 Janesville Road / Tax Key No. 2198.993, and WHEREAS, As a condition of Resolution PC 038-2019 a paved parking area was required to be installed by June 30, 2020, and WHEREAS, A Zoning Permit for the parking area was obtained and crushed gravel parking area installed by the June 30, 2020 deadline, and WHEREAS, The applicant obtained an extension to June 30, 2021 via Resolution PC 052 -2020 to pave the parking area from the Plan Commission, and WHEREAS, The parking area has not been paved in asphalt or concrete at this time, and WHEREAS, A hard-surfaced parking area for patrons and employees are required of all business uses throughout the City per the Zoning Code, and WHEREAS, The applicant is now requesting to not have to pave the newer parking area on site, and WHEREAS, The applicant is also requesting approval for continued outdoor seating immediately west of the building, and WHEREAS, The outdoor seating area would be in the grassy area and include outdoor patio furniture with a fire pit and would not interfere with any vehicle traffic or public access , and WHEREAS, The seating area would be used seasonally as weather permits , and WHEREAS, No new bollards, lighting or signage have been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan for Soiree / Serendipity Redesign at S73 W16582 Janesville Road / Tax Key No. 2198.993. BE IT FURTHER RESOLVED, Surface parking area must be completed with asphalt or concrete. BE IT FURTHER RESOLVED, Parking stops are required for all parking stalls within the new parking lot since curb and gutter is not being provided. BE IT FURTHER RESOLVED, All parking stalls on site must be marked as part of this project and no vehicles are allowed to park onsite outside the marked stalls. BE IT FURTHER RESOLVED, The outdoor seating must not interfere with the public access within the parking lot. 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 c ut-off with zero degree tilt. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. 101 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: June 1, 2020 ATTEST: Adam Trzebiatowski AICP, Planning Manager 102 103 10 4 10 5 106 107 City of Muskego Plan Commission Supplement PC 042-2021 For the meeting of: June 1, 2021 REQUEST: Approval of a BSO Amendment for Associated Bank Tax Key No. 2196.966.001 / S76 W17655 Janesville Road SE ¼ of Section 9 PETITIONER: John Fox, RINKA INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 042-2021 The petitioner is requesting a Building, Site and Operation Plan Amendment that consists of exterior alteration to Associated Bank. The overall alterations are fairly minor and serve as an update and clean-up for the overall building. The current building has numerous areas, including the entryway and trim, that area rotting and in need of replacement. The cupula on top of the building is non-functional and non-structural, and does little to enhance the property. It is in poor condition and will be removed. By removing the cupula, they are reducing potential failure points for water infiltration while providing a cleaner, more cohesive aesthetic. The plans also include removing some duplicated architectural posts, repainting, residing and some new windows. DISCUSSION PC 042-2021 The proposed changed noted above sound to be a nice facelift to this building. The changes will help the building s longevity and will help freshen the overall look of this commercial property. As part of the proposed changes, the applicant as noted that they are also going to replacing some existing un- permitted signage with proper signage that meeting the City’s current signage requirements. All signage will be reviewed and approved via a separate sign permit. The resolution states the following requirements/notes: BE IT FURTHER RESOLVED, That all new/replaced roof top, wall mounted and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and said screening must be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, Any signage must be permanently mounted in the ground or to the building and no signage can be on moveable bases. BE IT FURTHER RESOLVED, Any patched or repaired sur faces/materials must match the adjacent material and color (brick, siding, roofing, etc.) and if colors do not match, then additional painting and/or replacements may be necessary so the repairs/replacements do not look like patchwork. BE IT FURTHER RESOLVED, No outdoor storage/display, including but not limited to dumpsters, donation boxes, etc. are allowed unscreened onsite without further Plan Commission approvals. 108 STAFF RECOMMENDATION PC 042-2021 Approval of Resolution #PC 042-2021 109 J A N E S V I L L E R D K R I S T I N D R H A R B O R C I R H A R B O R C I R HARBOR CIR WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Associated BankS76 W17655 Janesville Road Resolution #PC 042-2021Supplemental Map Prepared by City of Muskego Planning Department 110 RESOLUTION #P.C. 042-2021 APPROVAL FOR A BSO AMENDMENT FOR ASSOCIATED BANK LOCATED IN THE SE ¼ OF SECTION 9 (S76 W16582 JANESVILLE ROAD / TAX KEY NO. 2196.966.001) WHEREAS, A BSO amendment request has been submitted by John Fox from RINKA for Associated Bank located at S76 W16582 Janesville Road, and WHEREAS, The overall request is to update and clean-up the exterior of the existing bank building, and WHEREAS, The current building has numerous areas, including the entryway and trim, that area rotting and in need of replacement, and WHEREAS, The cupula on top of the building is non-functional, non-structural, in poor condition and does little to enhance the property and as such, it will be removed, and WHEREAS, The plans also include removing some duplicated architectural posts, repainting, residing and some new windows, and WHEREAS, Signage changes are proposed and a separate sign permit will need to be submitted for the new signage. THEREFORE BE IT RESOLVED, That the Plan Commission approves the BSO amendment for Associated Bank located at S76 W16582 Janesville Road for the facade improvements. BE IT FURTHER RESOLVED, That all new/replaced roof top, wall mounted and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and said screening must be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, Any signage must be permanently mounted in the ground or to the building and no signage can be on moveable bases. BE IT FURTHER RESOLVED, Any patched or repaired surfaces/materials must match the adjacent material and color (brick, siding, roofing, etc.) and if colors do not match, then additional painting and/or replacements may be necessary so the repairs/replacements do not look like patchwork . BE IT FURTHER RESOLVED, No outdoor storage/display, including but not limited to dumpsters, donation boxes, etc. are allowed unscreened onsite without further Plan Commission approvals. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 111 11 2 11 3 From:John Fox To:Adam Trzebiatowski Subject:Description of work for Associated Bank Muskego Date:Monday, May 17, 2021 5:35:17 PM Attachments:image001.png Good afternoon Adam, Please find the description of the proposed work for the Muskego branch below. Thank you, John The proposed work for the Associated Bank branch on Janesville Road is being performed for the long term stability of the structure and to clean up the aesthetics of the building. Many components of the building, such as the entryway and much of the wood trim, are rotting and in need of replacement. The cupula on top of the building is non-functional and non-structural, and does little to enhance the property. It is in poor condition and will be removed. By removing this element we are reducing potential failure points for water infiltration while providing a cleaner, more cohesive aesthetic. We will also be updating siding, paint, and replacing several failing windows. In addition to these architectural changes, we will be updating building signage per City of Muskego code to provide permanent, attractive signage on the building. John Fox, AIA project architect 756 north milwaukee street suite 250 milwaukee, wisconsin 53202 414 522 2163 c 414 431 8101 p 414 310 8348 d jfox@RINKA.com RINKA.com 114 11 5 11 6 11 7 11 8 11 9 City of Muskego Plan Commission Supplement PC 045-2021 For the meeting of: June 1, 2021 REQUEST: Building, Site and Operation Plan Amendment (BSO) for Eagle Park Brewing Company Tax Key No. 2166.997.003 / S64 W15680 Commerce Center Parkway NW ¼ of Section 2 PETITIONER: Maxwell Borgardt, Eagle Park Brewing Company INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 045-2021 Eagle Park Brewing Company is seeking a Building, Site and Operation (BSO) Plan amendment to allow for temporary outdoor seating at their brewery located along Commerce Center Parkway. Back in May 2019, via Resolution PC 029-2019, the petitioner obtained approval for a permanent outdoor seating area that would change the curbing and encompass the first five parking stalls nearest the entrance. This permanent outdoor seating area was never installed. In 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating due to the COVID response. Now the petitioner is seek ing approval to expand and keep the outdoor seating through 2021. CONSISTENCY WITH ADOPTED PLANS 045-2021 Comprehensive Plan: The 2020 Plan depicts the property as Business Park uses. This proposal is consistent with the plan. Zoning: The property is zoned BP-3 – Business Park District and the use falls under the light manufacturing so the proposed amendment is consistent with the code. STAFF DISCUSSION PC 045-2021 As noted above, Eagle Park Brewing Company obtained staff approval for the temporary outdoor seating last July in accordance with the Plan Commission direction. As part of the outdoor seating area all operations related to the outdoor seating were limited to several picnic tables placed within the first five parking stalls closest to the entry door and no additional structures were included with the permit. Staff has not received any negative feedback related to the outdoor seating area use . The petitioner is now seeking approval to utilize the first five parking stalls on the southern si de of the parking area with the five previously approved parking stalls adjacent to the building and creating a larger outdoor seating area by placing a temporary barrier across the parking lot preventing vehicle passage through the drive aisle. In the past the Plan Commission has been concerned with the safety of patrons in all parking areas by combining outdoor seating with vehicles and making sure the drive aisles are not impeded to ensure the vehicles can maneuver through the site. In this case the drive aisle is not being impeded upon, but rather the drive aisle is being cut off from through traffic. There are two separate access points for this parking area which will remain usable, but just not interconnected within the site. The petitioner is also looking to have two parking spaces on either side remain empty to ensure there is a turn-around for vehicles at the end of the parking area. 120 The request has presented a few questions relating to w hat the temporary barrier will be constructed of to securely block through traffic, the method of blocking parking stalls while still allowing vehicles to turn around and the handicap parking stalls not being blocked for the turn-around area. The resolution is drafted to allow the applicant to submit more details to staff relating to the exact barrier type/design/layout as to ensure an aesthetically pleasing barrier be installed. We do not want to see construction barricade and/or cones used as barriers. Also, staff (most likely Engineering) can review the exact plan on how the turn around area will be setup, ensuring that vehicles can turn around while ensuring no handicap parking stalls are blocked at any time. If any complaints are received regarding the noise of any of the even ts, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the noise complaints. The resolution is drafted as such. Eagle Park Brewing Company must continue working with the Clerk’s Office/Common Council to receive all proper liquor/beer and music/dance permits. There are no other exterior changes to the building proposed. If any lighting or signage is proposed separate reviews and permits will be required. The approved outdoor operations are only valid through 2021 and any further temporary or permanent outdoor seating will need Plan Commission approval other than what was approved via Resolution PC 029-2019. Overall, staff feels this outdoor seating area will be a nice temporary addition to this property. STAFF RECOMMENDATION PC 045-2021 Approval of Resolution PC 045-2021 121 C O LL EG E AVE COMME RCE CE NTE R PKW Y WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet Eagle Park Brewing CompanyS64 W15640 Commerce Ce nte r Parkway Resolution #PC 045-2021Supplemental Map Prepared by City of Muskego Planning Department 122 RESOLUTION #P.C. 045-2021 APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT FOR EAGLE PARK BREWING COMPANY LOCATED IN THE NW ¼ OF SECTION 2 (TAX KEY NO. 2166.997.003 / S64 W15680 COMMERCE CENTER PARKWAY) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment for Eagle Park Brewing Company located at S64 W15680 Commerce Center Parkway / Tax Key No. 2166.997.003, and WHEREAS, The petitioner is proposing to add additional outdoor seating area at their business for the summer of 2021, and WHEREAS, In August 2020 the petitioner applied for and obtained staff approval for temporary outdoor seating (due to COVID) within some parking stall in their parking lot, and WHEREAS, The new plan is to additionally utilize the first five parking stalls on the southern side of the parking area with the previously approved parking stalls and creating a large r outdoor seating area within the parking lot/drive aisle, and WHEREAS, A temporary barrier across the parking lot will prevent vehicles from passing through the drive aisle, and WHEREAS, There are two separate access points for this parking lot which will remain usable, but just not interconnected within the site, and WHEREAS, The petitioner is also looking to have two par king spaces on either side remain empty to ensure there is a turn-around for vehicles at the end of the dead end parking area, and WHEREAS, The outdoor seating area will include about 15 tables, and WHEREAS, No outdoor structures/features, other than tables, are proposed as part of this request, and WHEREAS, Staff has not received any negative feedback related to the previous temporary outdoor seating area, and WHEREAS, No other new exterior/site changes have been proposed at this time. THEREFORE BE IT RESOLVED, The Plan Commission approves of an amended Building, Site and Operation Plan amendment for Eagle Park Brewing Company at S64 W15680 Commerce Center Parkway / Tax Key No. 2166.997.003. BE IT FURTHER RESOLVED, Details relating to the exact barrier type to be used to protect/block the outdoor seating area must be provided for staff review before this area can be blocked off to ensure the barriers are aesthetically pleasing, as construction barricades and/or cones will not be allowed as suitable barriers. BE IT FURTHER RESOLVED, Details must also be provided for staff approval on how the required turn-around stalls will be kept open at all times. BE IT FURTHER RESOLVED, The handicap parking stalls cannot be impacted or blocked off by the outdoor seating or vehicle turn around area. BE IT FURTHER RESOLVED, Any new/altered exterior lighting 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 signage (temporary or permanent) will require further review for compliance with City sign code regulations and shopping center signage master plan and 123 permit approvals. BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the nois e complaints. BE IT FURTHER RESOLVED, Eagle Park Brewing Company must continue working with the Clerk’s Office/Common Council to finalize specific dates of music events and they must receive all proper liquor/beer and music/dance permits. BE IT FURTHER RESOLVED, The approved outdoor operations are only valid through 2021 and any further temporary or permanent outdoor seating will need Plan Commission approval other than what was approved via Resolution PC 029-2019. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Denied: Deferred: Introduced: June 1, 2021 ATTEST: Adam Trzebiatowski, Planning Manager 124 12 5 12 6 12 7 City of Muskego Plan Commission Discussion PC 033-2021 For the meeting of: June 1, 2021 REQUEST: Conceptual Land Division S81 W20871 Russet Court / Tax Key No. 2229.992.006 SE ¼ of Section 18 PETITIONER: John Marek INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 033-2021 The petitioner has submitted a conceptual land division proposal to develop a property into ten (10) single-family lots with one outlot for stormwater management purposes . The reason for the conceptual review is to solicit general comments, but more specifically to also solicit specific comments relating to possible rezoning of the property from RS-1 to RS-2. The petitioner is requesting conceptual discussion to get comments from the Plan Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual master plan and to answer any questions. PLAN CONSISTENCY PC 033-2021 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential uses (1 - 2.99 units/acre). The proposed land division meets the density requirement. Zoning: The property is currently zoned RS-1 Suburban Residence District. That district requires lots to be at least 30,000 square feet in area with a minimum average width of at least 120 feet. The concept is not consistent with the current zoning. The proposed concept is to rezone the property to RS-2, which requires lots to be at least 20,000 square feet in area with a minimum average width of at least 110 feet. The concept does appear to meet the RS-2 zoning. Adopted 208 Sanitary Sewer Service Area: This land is currently served by public sanitary sewer main. As part of a proposed development, sanitary sewer will need to be expanded to serve all homes within the development. Also, a sanitary main stub will need to be provided to the south lot line, where the proposed roadway is shown stubbing to the property to the south. The applicant would need to contact the Utilities Department to further explore the sanitary sewer expansion options. 128 Water Capacity Assessment District: The land is currently served by a public water main. As part of a proposed development, water will need to be expanded to serve all homes within the development. Also, a water main stub will need to be provided to the south lot line, where the proposed roadway is shown stubbing to the property to the south. The applicant would need to contact the Utilities Department to further explore the water main expansion options. DISCUSSION PC 033-2021 The lot in question is located at the west end of Russet Court, which is a short publicly dedicated, but not publicly improved, right-of-way. There currently is one home on this lot, which would remain on one of the new lots within the proposed development. The key to the proposed concept working as shown is the owner getting a rezoning to RS-2 (20,000 SF lots/110’ width). As is noted above, the current zoning is RS -1 (30,000 SF lots/120’ width). The general area/neighborhood is predominately zoned RS-1, but there are two standalone lots, located on the east border of this property, that are currently zoned RS-2. The map below shows the existing zoning districts in the general area. 129 The Plan Commission will need to discuss if they feel they would be able to provide a positive recommendation on the rezoning request from RS-1 to RS-2. Note – The Plan Commission only provides a recommendation for rezonings and the Common Council makes the final decision on all rezoning requests. If a rezoning would not be granted, a development is still possible, just with lots meeting the RS-1 zoning. The concept plan shows at least two possible wetland areas on site. A formal wetland delineation of the entire property will need to occur before a Preliminary Plat could be submitted. If any wetland fill is proposed, proper fill permit approvals will need to be provided upfront to ensure said affected lots are actually buildable. As part of the conceptual land division, the existing under -improved dedicated right-of-way will need to be improved to City standards from Hillendale Drive through the new development. This will also need to include a future connection stub to the south development boundary to help foster connectivity to future adjacent developable lands and eventually to the Fireside Orchard Subdivision. Preliminarily, staff is going to be recommending that the new roadway be designed to include curb and gutter, as was done within Fireside Orchard, which is a subdivision located two lots to the south of this lot. Stormwater management is proposed to be located within one outlot located within the development. All applicable stormwater management requirements will need to be met for any future development. DIRECTION PC 033-2021 The Plan Commission should discuss if they think they may be receptive to recommending approval to rezone this lot from RS-1 to RS-2. The current concept only works, as presented, if the rezoning would be granted. The petitioner will be present at the meeting to further explain the project and to answer any questions. No formal approval or denial will be given at this meeting and no guarantees can be made. This conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would lik e to take the next step and eventually apply for a formal CSM, the comments received at this meeting must be addressed as part of the formal submittal. 130 F I R E S I D E D R HILL END ALE DR TYL ER D R R U S S E T C T S O M M E R F I E L D L N WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 200 400 Feet John MarekS81 W20871 Russet Court #PC 033-2021Supplemental Map Prepared by City of Muskego Planning Department 131 13 2 133 134 City of Muskego Plan Commission Discussion PC 039-2021 For the meeting of: June 1, 2021 REQUEST: Conceptual Discussion on Architectural Style for Vintage Grounds Not site specific at this time PETITIONER: Erin Zielinski of Vintage Grounds Coffeehouse INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 039-2021 The petitioner has submitted for a conceptual discussion for an architectural design type that they would like to seek Plan Commission comment on. As a business, Vintage Grounds Coffeehouse is outgrowing their current strip mall space and as such they are trying to plan for their future business needs. The owners of Vintage Grounds have come across a variety of structures that are built out of shipping containers. These can be either additions of shipping containers to traditional structures or structures solely built out of the shipping containers. The applicant has included some sample photos of existing similar structures that they may be interested in building in the City. The owners have noted that while they do not have a specific site in mind at this time, they would like to remain within a few blocks of their current location. At this time they are just seeking feedback on if they were to propose a shipping crate structure, similar to the included photos, would the Plan Commission see that as something they could see being approved in Muskego. Please see the applicant’s submittal details for photos and full narrative of their request. The petitioner is requesting conceptual discussion to get comments from the Plan Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual master plan and to answer any questions. DISCUSSION PC 039-2021 The idea of using shipping crates as structures is a newer idea that seems to be gaining traction across the country. It is a way to re-purpose shipping containers while helping manage construction costs. The overall design aesthetic can be considered somewhat industrial, modern and/or rustic. The shipping crates are typically altered to include windows, doors, serving space, etc. The shipping crates are often stacked next to and/or on top of each other and in many cases the roofs of the crates are converted into outdoor spaces for customers to enjoy. In general, planning staff does not have an issue with these types of structures, as long as they are located in areas that would be architecturally appropriate. As such, it would seem like these types of structures would not fit in aesthetically in a design guide area that has a specific style of architecture 135 required, such as in the Moorland Corridor South, Historic Crossroads and Durham Hill Design Guide areas. This style would also not likely fit into a busines s area surrounded my residential uses. This style could fit in well in our more typical commercial areas/districts, such as the downtown area. DIRECTION PC 039-2021 The Plan Commission should discuss how they feel about this design aesthetic in Muskego, if the right site can be found in the right area. The petitioner will be present at the meeting to further explain the project and to answer any questions. No formal approval or denial will be given at this meeting and no guarantees can be made. This conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would like to take the next step and eventually apply for a formal CSM, the comments received at this meeting must be addressed as part of the formal submittal. 136 13 7 13 8 13 9 14 0 14 1 14 2 14 3 City of Muskego Plan Commission Discussion PC 044-2021 For the meeting of: June 1, 2021 REQUEST: Conceptual Land Division – Kirkland Crossing Between Martin Drive and College Avenue / Tax Key Nos. 2173.997, 2173.998, 2170.991 and 2176.999 NW ¼ of Section 3 & NE ¼ of Section 4 PETITIONER: Ryan Janssen of Ryan’s Buying LLC. INTRODUCED: June 1, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 044-2021 The petitioner has submitted a conceptual land division proposal to develop four properties into a total of 101 new single-family lots and 2 existing lots, yielding a total of 103 lots . There also are 5 outlots currently shown for stormwater, open space and access purposes. The overall proposal is showing that about 31% of the total development will be preserved as permanent open space in outlots. The reason for the conceptual review is to solicit general comments, but more specifically to also solicit specific comments relating to possible PD – Planned Development rezoning and associated requests. The petitioner is requesting conceptual discussion to get comments from the Plan Commission regarding the proposal. The petitioner will be present at the meeting to further explain the conceptual master plan and to answer any questions. PLAN CONSISTENCY PC 044-2021 Comprehensive Plan: The concept plan shows the development having a density of about 1.13 units/acre. The current 2020 Plan depicts the area for low density residential uses (0.5 – 0.99 units/acre). As part of this development the applicant would be asking for a Comp Plan amendment to medium density residential (1 – 2.99 units/acre). Staff is in favor of a future Comp Plan amendment to medium density residential as this was already going to be a suggested change as part of the adoption of the upcoming 2035 Comp Plan. The proposed land division would meet the medium density residential requirement. Zoning: The bulk of the development is currently zoned RSE Suburban Estate District. There is a small portion of the development that fronts Martin Drive that is current zoned RS-1 Suburban Residence District. The RSE district requires lots to be at least 40,000 square feet in area with a minimum average width of at least 150 feet, when serviced with municipal sanitary sewer. The RS-1 district requires lots to be at least 30,000 square feet in area with a minimum average width of at least 144 120 feet, when serviced with municipal sanitary sewer. The concept is not consistent with the current zoning. The proposed concept is to rezone the property to PD – Planned Development District based on the RS-2 zoning district. RS-2 typically requires lots to be at least 20,000 square feet in area with a minimum average width of at least 110 feet. As part of the possible future PD request, the applicant has indicated that they would be looking to keep the RS-2 lot size minimum but they would look to reduce the lot widths down to a minimum of 90 feet for some lots and a minimum of 100 feet for other lots. They would also be seeking alterations to the setback/offsets and to the open space requirement for each lot. The concept does appear to meet the PD that they would be requesting at a later date. Adopted 208 Sanitary Sewer Service Area: There currently is public sanitary sewer in Martin Drive. There was a recent sewer study done that looked at sewer serviceability to th e general area of this proposed development. The study showed that many of the undeveloped lands in this general area are able to be serviced by gravity sewer. As such, in this proposal the developer is planning on extending public sanitary sewer through this development. Also, a sanitary sewer stub will need to be provided to the east, where the proposed roadway is shown stubbing to the property to the east. The applicant would need to contact the Utilities Department to further explore the sanitary sewer expansion options. Water Capacity Assessment District: The municipal water system is currently located about 2,300’+ southeast down Martin Drive. As part of a proposed development, municipal water would need to be extended by the developer to this development and throughout it. Also, a water main stub will need to be provided to the east, where the proposed roadway is shown stubbing to the property to the east. The applicant would need to contact the Utilities Department to further explore the water main expansion options. DISCUSSION PC 044-2021 The development in question is located between College Avenue and Martin Drive, in the north central part of the City. The four lots that make up the whole development are located just east of Park Arthur. Currently two of the lots have homes on then, each with various outbuildings. The bulk of the outbuildings would be removed as part of this overall proposal, include the exis ting horse stables. Access to the new development is gained via an access point off Martin Drive, about 200 feet east of East Drive, and an access point off College Avenue in the northwestern part of the development. There is also an emergency only access point provided to College Avenue in the northeastern part of the development. The development is showing a right-of-way and road stub to the east boundary of the development to be a connection for possible future adjacent development. Staff is going to be recommending that the new roadway be designed to include curb and gutter. As is noted above, the applicant would be seeking a PD – Planned Development rezoning based on the RS-2 base zoning district. As part of the PD, they are not seeking any lot si ze reductions (20,000 SF minimums). They are asking for lot width reduction on some lot to a minimum lot width of 90’ and a minimum lot width on some other lots of 100’. They would be asking for this in an effort to not waste viable land while still preserving much of the conservation lands within the development. They are also asking for setback/offset alterations and an open space reduction. The setback/offsets are normally as follows in the RS-2 district: • Front – 40’, 1 Side – 15’; Other Sides/Rear – 20’ 145 As part of the PD request, they would be asking from the following: • Front – 30’, All Sides – 12.5’; Rear – 25’ For the open space, the RS-2 district normally requires that 15,000 SF or 75% of the lot area remain as open space. As part of the PD they would be asking for flat open space requirement of 70%. The Plan Commission should discuss if they feel they would be able to provide a positive recommendation on the rezoning request. Note – The Plan Commission only provides a recommendation for rezonings and the Common Council makes the final decision on all rezoning requests. The concept plan shows various wetland and wooded areas throughout the development. The wetlands are preserved within outlots and the bulk of the wooded areas are preserved i n outlots and/or within preservation easements on the back of some of the lots. Stormwater management is proposed to be located within various outlots throughout the development. All applicable stormwater management requirements will need to be met for any future development. DIRECTION PC 044-2021 The Plan Commission should discuss what they think about the overall concept and if they think they may be receptive to recommending approval for a PD rezoning for this development. The current concept only works, as presented, if the rezoning would be granted. The petitioner will be present at the meeting to further explain the project and to answer any questions. No formal approval or denial will be given at this meeting and no guarantees can be made. Thi s conceptual approval is intended to solicit comments, suggestions, and ideas. If the petitioner would like to take the next step and eventually apply for a formal CSM, the comments received at this meeting must be addressed as part of the formal submittal. 146 MARTIN DR COLLEGE AVE EAST DR OAK HILL DR MARYBECK LN ROSSMAR DR TIMBER CT PA I G E C T LANNON DR C O P P E R O A K S C T ROSSMAR CT G R E E N R I D G E T R L C O P P E R O A K S D R ISL A N D D R EAST DR WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 500 1,000 Feet Kirkland CrossingCollege Avenue & Martin Drive #PC 042-2021Supplemental Map Prepared by City of Muskego Planning Department 147 14 8 14 9