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Plan Commission Minutes 06012021 ApprovedCITY OF MUSKEGO PLAN COMMISSION MINUTES 06/01 /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 APPROVED CtCy ai USKEGO ut Present: Mayor Petfalski, Alderman Madden, Commissioners Buckmaster, Gazzana, Graf and Oliver, Planner Trzebiatowski. Absent: Commissioner Bartlett. 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 May 5, 2021 meeting. Alderman Madden made a motion to approve the minutes of the May 5, 2021 meeting. Commissioner Oliver seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for Miraj Parikh requesting a Conditional Use Grant for the purpose of allowing a vacation rental establishment/short term rental. Mayor Petfalski opened the Public Hearing at 6:02 PM. Randy Scheel, W200 S10799 East Shore Drive. Mr. Scheel noted that he lives one house south of the subject property and lived there for 7.5 years without any issues. In 2019 the petitioner was between opportunities and rented his property out temporarily. One such rental was for a family function, but was actually 12 kids for a bachelor party. Mr. Scheel had grandkids that weekend and it was difficult to go outside due to the drinking, language, loud noise, etc. that extended into late night hours. Mr. Scheel never called the police regarding this incident. Other people coming and going late into the night. When people rent they are not getting up Monday thru Friday while they are there like others on the lake. Rentals are such that people try and get as much fun as they can into the week that they are renting the property. The neighbors on the other side of the subject property are older and go to bed early. People on the lake like consistency and with renters you don't know who will be there. Another instance was for a long-term rental. They brought with them dirt bikes, utility trailer, muscle car and diesel truck. The dirt bikes were used for wheelies on the street and people in and out of the trailer at all times. The renters did not know the garbage schedule so they missed pick-up and the garbage would spread everywhere. One renter was throwing bread outside for the birds. A letter was sent to the petitioner. When the long-term renters decided to leave a bag of trash was dropped and in that bag was drug paraphernalia, pipes, and butane canisters and other drug making materials. The police were called about this situation, but the renters were not coming back. He urges the Plan Commission to deny the Conditional Use Grant. Kathy Zimmerman, S110 W20728 Denoon Road. As an AirBNB user throughout the country and world, these places come with very specific rules and regulations that come printed out in a binder with emergency contacts, water safety regulations, DNR rules. Many of these online, but hope this is available for renters. Ms. Zimmerman read the Plan Commission submittal and it says the petitioner had rented multiple properties prior to purchasing this property including Lake Beulah. Lake Beulah is 812 acres and Lake Denoon is only 165 acres, which is a lot fewer homes and closer together. This lake is like a neighborhood. There has been some consequences that have occurred, as a parent I would have trouble giving them a second or third chance. Sounds like there was some difficulty and would prefer to not approve a short-term rental on this very small lake. The residents on the lake and the association have made regulations to only drive clockwise on the lake and would like to see this maintained. There is another development underway with an additional 15 boat slips so this is going to turn into a small bathtub. The party business needs to be regulated and think people will begin calling the police more often. The lake is very poorly regulated by police and residents have been hesitant to call police. Chris Roedel, S110 W20560 S. Denoon Road. Lots are very close together and this is a family neighborhood situation and preference would be to not allow this on the lake. It is a small lake and there are kids in the neighborhood and having people there that are not respectful so this will be very hard on current residents. Randy Thorn, W200 S10771 East Shore Drive. Lives two doors down. They have been having these issues for a while since the petitioner was renting illegally. Mr. Thorn confronted the petitioner about renting the property. He is retired and they don't want people coming in for the week or weekend and pack all of their fun in. The renters are going to drink more, be louder, eat more and stay up later which is not what neighbors want since they are there for a peaceful retirement. Tom Bucholtz, S108 W19889 Charles Court. Mr. Bucholtz agrees with what has been said thus far. Additionally, likes quiet and notes that volume carries over the water. People don't rent to come out and sit in the backyard rather they rent to come out and raise hell on the water and Mr. Bucholtz doesn't think the residents on the lake should need to put up with this. It's just not a good idea. In Florida, they are cracking down on the drug use at rentals. Residents spend a lot of money on taxes and enjoy what they have. Tony Moiresse, W200 S10721 East Shore Drive. Has lived there since 2012 six houses north of this property. The houses are close together and love all neighbors. His experience is one door north of his lot two summers ago where they rented out the property and in their rules there was a limit of eight people in the house. At one morning there was 21 people that came out of the house. On a Friday or Saturday it is expected to sit around a fire later, but on a Tuesday for those that work it is not OK. This could be a house of cards where if one permit is issued then the next permit will need to be issued. This will be a bad precedent for a small community on the lake where there are about 100 homes. They have invested a lot of money, heart and soul into the properties and they don't want to see anything like this happen. Holly Kelly, S110 W20500 S. Denoon Road. They are third generation at the lake and have seen many changes. The lake is small and agree with everything said before. On weekends there have been a parade of pontoon boats. Nothing is wrong its just that there is nowhere else to go so everyone drives the perimeter. They have done short term rentals around the country and there are strict rules like no parties, limits on renters and the number of people allowed. They are worried about which will be the next house renting out. Tim Laseke, S106 W20449 Bosch Drive. Mr. Laseke is a commissioner on lake district. As a district the concerns is the watershed. This may be a catalyst for more conditional use grants allowing short term rental which will result in increased boating pressure and boats from further away with a bigger diversity of aquatic invasive species. The visitors tend to know less about the rules so this is a safety concern. Seems to be an absence of a lack of police presence and people know this. Nancy Long, S110 W20606 S. Denoon Road. Lives on south shore and agrees with everything said. She is here with here neighbors and doesn't want renters that don't care about the neighbors, lake, environment or neighborhood. Kevin Kubacki, W203 S11072 Point Denoon Road. He likes Miraj and Dawn. They are very nice people and there are certain criteria that must be followed while making this decision. To Mr. Kubacki short term rentals are more like resort owners rather than residential areas. He is just asking to listen to the neighbors that are most impacted by the short term rental. Gary Grundl, S110 W20622 S. Denoon Road. This is not the area for a vacation rental place. He hopes the Plan Commission is listening to everyone that lives on the lake and pays high taxes to vote no for this. Miraj Parikh, W200 S10783 East Shore Drive. He is the petitioner and reiterates that this is a great neighborhood and bought on this lake sight unseen. They probably use the home more with friends and family than the previous owners. Not trying to make this a 13-week rental and last year probably could have paid yearly mortgage over summer, but that is not the intent. They are looking to keep the house in the family for generations. They are looking to minimize the rentals and not looking to rent out all summer as this is when they would like to use the lake. Mr. Parikh is dismayed by the issues of the off-season renter who was referred and vetted by their realtor and apologizes. For the occasional renter, such as a family wanting to rent for an Easter get together or they are asked for wedding rentals, including one of the neighbors at the meeting, due to the fact that there aren't many hotels in the area. They understand the views and concerns of the neighbors. They do not rent out the motor vehicles including boats, jet ski's or pontoon boat and have had few circumstances where people have brought their own boats. From this rental there would be little to no additional boat traffic on the lake. He could make a concession if needed that a condition be made that no boats are allowed. They are not trying to be not be neighborly, but if they intend to rent out a random weekend the permit is required. Chris Roedel, S110 W20560 S. Denoon Road. Previously spoke but wanted to add that the petitioner mentioned that this is a nice family lake and he wants to share with others. The neighbors prefer that if he wants to stay on the family lake that is fine but sharing includes money and asks to not allow the rentals. Gloria Flores W200 S10715 East Shore Drive. Two concerns. First was the notice of the hearing where the entire lake was not notified but are impacted. Has only been there for a year now, but moved there because it was a great, quiet place and if weekly bridal and bachelor parties are the norm it will not be a place that she wanted to move to. Shelly Sheil, W200 S10799 East Shore Drive. A big concern was told that rentals were temporary and so they are a bit skeptical regarding the amount of time the place will be rented and hope that the Commission takes everyone's views and opinions seriously and vote against the rental. Bill Frederick, S108 W21073 Waters Court. New to community but not first time with lake property. The residential character not a tourist destination. People in vacation mode are not respectful with noise and fireworks. Ask to oppose. Randy Thorn, W200 S10771 East Shore Drive. Two questions. First is there a minimum/maximum amount of time for rentals and can the boats be rented out. Holly Kelly, S110 W20500 S. Denoon Road. Demonstrated unreliability is a military term that has been shown before. Kathy Zimmerman, S110 W20728 Denoon Road. Question. Heard of managing or overseeing to ensure compliance. Who is in charge and is there someone neighbors can call in the City of Muskego to be the inspector. Dawn Parikh, W200 S10783 East Shore Drive. Is the co-owner and wanted to make sure everyone understands that all issues that came up was with a long term rental that could occur at any time. On the sites the renters are rated as well as the owners. One complaint they had was that the renters were playing a game across property lines. When this complaint was heard, the owners contacted the renters and the game was stopped immediately. They had a cleaning person who noted that short-term rentals would leave the home/property clean. People have wanted to rent the home due to a first -floor master bedroom for a multi - generational get together. They are not looking to rent out all summer long and she moves here over summer with daughter so they would be living here. Updated listing to target families and co-workers. They are looking for people they know to rent the home not turn it into a weekly rental. Tom Bucholtz, S108 W 19889 Charles Court. Just wanted to ask if the home was purchased to live in it or to rent it out. Sandy Bucholtz, S108 W 19889 Charles Court. She agrees with the neighbor's 100 percent. Just wants to add that they have a property in Florida that they do not rent out. They see what happens to places that do rent out. Bottom line, if you don't own it and have a vested interest, you will not take care of the property. Would hate to see something like that happen here. Miraj Parikh, W200 S10783 East Shore Drive. Wanted to add that the one time the police have been called on the lake was a monthly rental on the north side of the lake. Just wants to make it clear that every owner on the lake has had groups of people at their home and have used inappropriate language. 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 RESOLUTION PC 037-2021 Approval of the sale of Fireworks for TNT fireworks at the Pick n Save property located at S74 W 17005 Janesville Road / Tax Key No. 2199.999.065. 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. RESOLUTION PC 043-2021 Approval of a Two -Lot Certified Survey Map for Neal Walloch located at S94 W 13628 Ryan Road / Tax Key No. 2255.980. RESOLUTION PC 046-2021 Approval of Accessory Structure policy regarding metal roofs and quantity of accessory structures. Alderman Madden made a motion to approve the consent business engross. Commissioner Graf seconded. Motion to approve passed unanimously. 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. Planner Trzebiatowski provided an overview of the petition. The City does allow short term rentals as a Conditional Use Grant. The code was fine tuned to be more specific a few years ago. The State passed two acts that impact how the City looks at Conditional Use Grants and also what the City can and can't regulate relating to short term rentals. Now the State law prohibits the City from enacting or enforcing any ordinance that prohibits the rental of a residential dwelling for seven consecutive days or longer. Anything over 29 days is considered a long-term rental and the City never has regulated and has no ability to regulate. As part of the state law, the City can have a permit process, which is what the Conditional Use Grant is and the City can impose reasonable conditions, can impose a tax on these uses and can limit the number of days to no fewer than 180 days per 365-day calendar period, but cannot dictate which 180 days. The other state laws says that any applications for Conditional Use Grants shall be approved based upon reasonable and measurable conditions and not personal opinions, preference or speculation of negative consequence. It is important to note that there is one short-term rental in the City and it is located on Little Muskego Lake. It has not been rented for many years and it was approved as it was on an island so it wouldn't impact any neighbors. Any other short-term rentals in the City have not been approved and are operating illegally. Some answers to questions posed during the public hearing include: - As for the noticing, state law dictates that everyone within 300 feet be notified. We are not making judgements on who would be affected, but follow state law. - As for the boat rentals, there is nothing in the City code or state law related to renting a boat with a short- term rental. - Relating to compliance or oversight, any short-term rental is considered a tourist rooming house and will be required to apply for a state license through the County and State. They would be the regulatory body in regards to health and safety standpoint. If this is approved by the Plan Commission, a copy of all approved licensing is required to be submitted to the City. Tax implications will be required through the state. Additional notes from reviewing the petition include the following: - One part in the City code is to have a register of all guests with addresses kept on the property available for City inspection that guests and the petitioner said they will be keeping records of all guests. - For the physical characteristics of the property the owner believes they meet the requirements for parking, address, clearly delineated property lines and sewer. Staff thought there was not a clear delineation of property line with vegetation and/or fencing. - Sleeping quarters are only allowed in the house, not in the outbuilding or camping. - There can be no more than 20 people or the maximum allowed on property per state law. Petitioner is looking for renters in groups of no more than eight. - The Plan Commission is to look at impacts to surrounding neighbors. Based on the Conditional Use Law any conditions will need to be non -speculative and measurable. Six additional letters were submitted to the Planning Department all with similar concerns as what was heard tonight and all not in favor of the short-term rental. One item that has undergone additional research is the minimum of a seven-day rental. This has been interpreted to mean that a three- or four -day rental can occur but the next renters cannot arrive until at least seven days from the past tenants/renters arriving on -site. This is not in the resolution, but could be added. Other notes included in the resolution includes a survey illustrating the physical barriers; nothing can be stored outside except a trailer for a boat, if the City imposes a rooming tax it would apply to this property and must provide all proper state approvals to City prior to any rentals; state sales taxes must be collected and provided to the State, and an annual review similar to other CUG's in the City. Commissioner Graf questioned that per state statutes the Plan Commission does not have that ability to deny this proposal. Attorney Warchol confirmed. Commissioner Graf the questioned that we have limited controls to add conditions and asked how we would monitor the short-term rental. He is at odds with what the logical position to take. Alderman Madden understands that there are a lot of restrictions on the Plan Commission, but can we have them add a fence, then can the City require plantings and a decorative fence. The lines will be drawn and there can't be any confusion. Mayor Petfalski added that the regulations state the property line must be delineated, but feels a fence is unreasonable where you could put up a yard sign saying that the property line ends here. Alderman Madden said that people can walk right past a yard sign, but Mayor Petfalski added that the law doesn't say corral people, but to delineate the line. Once past the sign it would be trespassing where police could be involved. Attorney Warchol said that it would be a tough sell to force someone to put up a fence. Commissioner Gazzana rented one recently and in the booklet said if you violated the noise code there was a $500 fine and asked to leave the property. Can we put fines or protections rather than calling the police every time? Mayor Petfalski has a couple recommendations of conditions to add to the resolution. One would be that if issues arise with multiple police calls for ordinance violations that the property owner come back to the Plan Commission for a possible revocation hearing. Second would be by the request of the petitioner that no short- term renters will be allowed to dock or moor powered motorcraft on the property. The third requirement would be to leave a phone number for a contact person with the police and if the police are contacted they police then contact that person with 30 minutes to rectify the situation. Lastly, the Plan Commission should add the minimum term of rental frequency of seven days limiting turnover to seven days at a minimum. Commissioner Buckmaster commented that if the Plan Commission said no as a conflicting use with the Zoning Code and the rural quality of life, but how would that be measured and then at what point do you stop and say no with a list of conflicts. The conflicts deal with the use of the property and potential change to the highest and best use of the property. How can you measure that change other than police reports or evidence based issues. These have been denied since 2003 and now the Plan Commissions hands are tied. Not sure if the annual review addresses this. Say in a year this comes back and there are conflicts, what is a reasonable measure to deny this continued use as a Conditional Use? Attorney Warchol said you don't even have to wait for a year to bring it back for denial. Ultimately the past is done. The Plan Commission must be looking forward as the petitioner is requesting approval of a short-term rental and measuring would best be police contacts with citations in the future, not the past. Then you would use the police contacts as building blocks to make the case for revocation of the permit. The state has clipped the wings of the Plan Commission to say no, but does not mean that the City cannot regulate these uses. The other issue is the Conditional Use Grant reasonable, practical and measurable. Reviewing this on a yearly basis makes a lot of sense. In the past there aren't any police reports, but have to look at the future. Commissioner Buckmaster asked if two contacts by police then (the CUG is) done. Or is there a number that can be set so that the yearly review has some teeth to it. Trying to find a way to enforce the conditions of approval. Attorney Warchol said you have to look at the gravity of each contact. Meaning if there is loud noise and the police show up and they comply is looked at differently than if drugs were found on the property with a police contact, so it's hard to put a number of police contacts as the standard. Everyone has to have the opportunity to be heard and so you bring in the applicant for the yearly review and the Plan Commission listens to the police, the petitioner and the other residents and then as a group the Plan Commission would decide if it is enough and bad enough to pull the conditional use grant. Commissioner Buckmaster said then if there were two police contacts that that would be enough contacts since there haven't been any contacts prior to getting the Conditional Use Grant which that alone changed the rural atmosphere and quality of life of the area. This would evidence -based. He is trying to avoid coming back during the annual review and then trying to figure out what is good or bad. Attorney Warchol said two police contacts may be enough for him, but then Commissioner Buckmaster would need to convince the others on the Commission, but as long as there is a very strong record it should work out for the Plan Commission. Commissioner Graf said that it doesn't sound like it will be objective it will be based on evidence and incidents that occur and the Plan Commission judging how severe each occurrence was. Commissioner Gazzana said the Plan Commission cannot judge now as the approved rental has not begun yet. Planner Trzebiatowski said that the owner is responsible to provide the city code and the resolution that is tied to each renter. Commissioner Oliver asked if we should require a signature on the documents stating that as a renter they have read the code and stipulations. Attorney Warchol said he would hope the owner would agree to that. The petitioner stated that he was not sure how he would get an actual signature. Commissioner Graf likes the stipulations the Mayor brought up before, but would like a six month review rather than a year. Attorney Warchol said for a short-term rental, a six-month review would be reasonable. Alderman Madden agrees with Commissioner Buckmaster and said they need something that says if certain things happen that there is a good chance of losing their permit. The Mayor said that is what he is looking to add to the resolution. Attorney Warchol said there are two sides to every story so the petitioner must come back and have their chance. Mayor Petfalski added that if the Plan Commission puts a number, like two, then any of the neighboring residents will call immediately. Alderman Madden said it could be two arrests. Mayor Petfalski said that it should be left to the Alderman and Mayor to bring this back due to complaints, but not putting a number of them eliminates the unscrupulous neighbor. Commissioner Buckmaster does believe this does affect the quality of life and is just looking for a number. Mayor Petfalski suggested two citations. Commissioner Buckmaster agreed as the police use their independent judgement which wouldn't be speculation because they used their discretion. To clarify this is not just to revoke the Conditional Use Grant, but rather for a revocation hearing where the petitioner can be heard. Commissioner Oliver agreed with the two citations and could still provide an opportunity for the petitioner to be heard. Attorney Warchol said this would be reasonable, measurable, and relates to the ordinance. Commissioner Oliver asked if the petitioner is notified if the tenants are cited. Attorney Warchol said this is setting a process for the future and the next short-term rentals to come before the board which the next decisions can be based upon. Planner Trzebiatowski listed the changes to the Resolution to include: - No short term renter can have any powered watercraft moored or docked. The petitioner noted that at this point he is not able to say that there will not ever be another boat or water craft at his property. The intent is not to rent out the watercraft, but at this point would not like to concede the watercraft rental. Later if this is an area of concern, the petitioner will gladly discuss. This amendment is out and will not be included. Mayor Petfalski listed his suggested amendments to the resolution including: - In the event that issues arise resulting in two police calls with citation for ordinance violations on the property, the owner shall come before the Plan Commission for possible revocation hearing. - Adding a six-month review. - The petitioner shall provide a phone number for themselves or an agent that will be able to respond to the renters within 30 minutes. - Minimum term of rental frequency shall not be more than one rental every seven days. Commissioner Buckmaster wanted clarification that if the Plan Commission applies a reasonable and measurable and the applicant does not agree with that condition, then the CUG could be denied. Planner Trzebiatowski confirmed Commissioner Buckmaster's thought via state statutes. Planner Trzebiatowski explained that the six-month review would not be a place to change the Conditional Use Grant, but would need a noticed public hearing for re -approval. Mayor Petfalski said that if there is any re -approval for any type would be this being in a residential area. Attorney Warchol said that at the six-month review the Plan Commission could request a revocation hearing. The Plan Commission agreed that there will be a six-month review but then a yearly re -approval process. Attorney Warchol said that he wants to be sure that the Plan Commission reserves their right to hold a revocation hearing at any time and not necessarily need to wait for a year. The six-month review begins the day the CUG is finalized. Alderman Kubacki asked that since this on a navigable waterway that all applicable DNR rules apply. Mayor Petfalski added that all state, local and federal regulations must be followed on -site. Alderman Madden made a motion to approve Resolution PC 032-2021. Commissioner Graf seconded. Commissioner Buckmaster made a motion to amend Resolution PC 032-2021. Commissioner Oliver seconded. Motion to amend Resolution PC 032-2021 passed unanimously. Motion to approve Amended Resolution PC 032-2021 passed unanimously. 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. Planner Trzebiatowski explained there will be outdoor seating where there is currently paving in the parking lot. A retaining wall will be built to separate the outdoor seating from the vehicles. A gas fireplace is also included in the proposal. Commissioner Graf asked if there was any lighting. Planner Trzebiatowski said there is not any proposed at this time, but if they do want some outdoor lighting staff approval will be needed. Alderman Madden made a motion to approve Resolution PC 034-2021. Commissioner Buckmaster seconded. Motion to approve passed unanimously. 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. Planner Trzebiatowski explained the proposal being for an outdoor nitrogen tank and vaporizer behind the building. It would not be visible from anywhere. The tank will be shorter than the building surrounding by a containment system with bollards match the other bollards at the building. Staff is noting that the tank should be painted to match the building unless there is something from the manufacturer that does not allow the tank to be painted. Alderman Madden made a motion to approve Resolution PC 035-2021. Commissioner Buckmaster seconded. Motion to approve passed unanimously. 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. Planner Trzebiatowski provided an overview of the site and fagade changes to the existing Walmart. Changes would include rebranding with a new grey and blue color scheme painted on a majority of the building. The precast panels will not be painted. Signage will be replaced and will need a separate sign permit. The grocery pick-up is being relocated to the north side of the building. The seasonal outdoor garden sales would be moved west across the drive aisle. Commissioner Oliver asked if larger signs are being proposed. Planner Trzebiatowski said that he does not know how the new signs compare to the existing but the signage will be required to meet the code. Alderman Madden made a motion to approve Resolution PC 038-2021. Commissioner Graf seconded. Motion to approve passed unanimously. 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. Planner Trzebiatowski provided an overview of the petition which is for eliminating the requirement of having a paved parking area in the rear of the building and also to have permanent outdoor seating area towards the east. The hard -surfaced parking area has been a requirement that has been postponed via obtaining shared parking agreements and extensions provided by the City. A gravel parking area is currently behind the building. The proposal is to eliminate the requirement of a paved parking area. The City has not approved any other commercial business along a major commercial corridor in his time without a paved parking area as the ordinance requires paved parking areas. The petitioner is also seeking approval of permanent outdoor seating. Temporary outdoor seating was approved last year and the Plan Commission wanted to see a more formal seating plan. The petitioner is looking to keep a very low-key backyard feel with flowers, planters and mulch to the outdoor seating area. There are other exterior changes at this time. Commissioner Oliver stated that parking at most business is in the front and here it is in the back where only the customers will be using it so it wouldn't be a hinderance to the view of anyone else in the community. Additionally, traffic bond is easily maintained where you can just add more and roll it. Commissioner Oliver does not have an issue with traffic bond in this instance. Mayor Petfalski asked if the traffic bond is dusty. Planner Trzebiatowski stated that traffic bond is dusty and the ordinance requires parking lots to be dust free condition. The petitioner added that there were parking agreements in the beginning. The parking lot is 135 feet from Janesville Road. There are two reasons for their request is that they put in the gravel in May during Covid and the estimates to add paving are expensive and the fact that the parking area is 135 feet from Janesville Road. They may not be new but because the City requested them to add parking and now with COVID and the distance to Janesville Road they counted seven businesses and two residential uses within the Janesville corridor with gravel parking lots and they are looking for consistency or at least another extension. Commissioner Buckmaster understands that the Plan Commission has never done this and if it is paved the backyard atmosphere might be gone. Fine with another year extension. Mayor Petfalski understands small businesses and the expense is not falling on deaf ears. However, the argument of other businesses having gravel parking lots when they first open, when there are changes to the building or property the changes must be brought up to current standards. Not sure the backyard atmosphere would be lost. The traffic bond affects the neighboring property uses as well as far as dust. Additionally, this may be precedent -setting as for when the Plan Commission requires paved parking. Commissioner Gazzana agrees with a 12-month extension and understands the small businesses and expenses with some lost revenue. Commissioner Buckmaster would like to amend the resolution for a twelve (12) month extension. Planner Trzebiatowski explained for the outdoor seating that this was a recommendation of the Plan Commission, not staff to come back for the one-year review and is OK with the outdoor seating area. Commissioner Graf agrees with the atmosphere and the plan for outdoor seating and is not opposed at all. Commissioner Buckmaster made a motion to approve Resolution PC 041-2021. Alderman Madden seconded. Commissioner Buckmaster made a motion to amend Resolution PC 032-2021. Commissioner Graf seconded. Motion to amend Resolution PC 041-2021 passed unanimously. Motion to approve Amended Resolution PC 041-2021 passed unanimously. 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. Planner Trzebiatowski explained the existing building is reddish brick with white accent features, a cupula and decorative columns at the corners with a project to clean up the look of the building by removing the cupula, replacing windows, patching louvers or vents and giving the building a facelift. Staff wanted to be sure that when they are patching the siding and roof that the replacement materials and colors match. The petitioner is also going to rectify the temporary the signage issues on -site. The donation boxes have never been approved and must be removed until Plan Commission approval is given. A new submittal illustrates a new scheme with painting the entire building white. Concerns by staff is that this area has residential character and the new rendering may take away some of the residential character with the surrounding buildings. Commissioner Oliver thinks the all -white building is too stark and doesn't think it flows with the downtown area and isn't what the Plan Commission is trying to carry through. Petitioner John Fox explained that the complex geometry and this will simplify and unify the building. Removal of the cupula gives the building more of a residential look. Commissioner Graf likes the white color. Commissioner Oliver asked if white was the only color option. The petitioner explained that back in 2018, painting the building was looked at and doesn't know how many color options were presented at that time. Now, he is only aware of the white color option. Mayor Petfalski asked if there is anything that can be done to break up the white building. Commissioner Buckmaster is good with the white building. Commissioner Graf said he may be more concerned if it was a large building, but this building is rather small. The Petitioner explained the entry to the building is wood and it will be glass and aluminum color. Commissioner Madden said the size of the building relieves her concerns of the white building. Commissioner Buckmaster made a motion to approve Resolution PC 042-2021. Alderman Madden seconded. Commissioner Graf made a motion to amend Resolution PC 042-2021. Commissioner Buckmaster seconded. Motion to amend Resolution PC 041-2021 passed unanimously. Motion to approve Amended Resolution 042-2021 passed unanimously. 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. Planner Trzebiatowski explained the project is for temporary outdoor seating in the business park. They did have temporary outdoor seating area approval. This is not for the 2021 season to block both the east and west sides of the drive aisle while they complete their plans for permanent outdoor seating. The drive on the east will still be used for deliveries and pickups and there is a driveway for customers on the western side of the property. Staff was concerned with the ability to turn around and the petitioner said they will block off a few stalls to make them specifically to turn around. Staff needs to know how the parking stalls will be blocked. Staff also needs to know exactly what's being used to block off the drive aisle. The petitioner was previously discussing using whiskey barrels. The petitioner explained that the barrels are very heavy when full, so they are looking at planters on wheels so they can be moved when needed. Commissioner Oliver asked about egress with an emergency. Planner Trzebiatowski explained that it is not uncommon for a parking lot with an end like this would be but there needs to be an area to turn around. Commissioner Oliver also noted that the handicap parking stalls may not be closed off. Commissioner Buckmaster made a motion to approve Resolution PC 045-2021. Alderman Madden seconded. Motion to approve passed unanimously. PC 033-2021 Discussion of Conceptual Land Division for John Marek located at S81 W20871 Russet Court / Tax Key No. 2229.992.006. Planner Trzebiatowski explained the conceptual land division is for 10-lot subdivision and one outlot for stormwater management. The two homes in front of this property are zoned RS-2 and the general area is predominately zoned RS-1. This subdivision would need to stub a road to the south. Additionally, a formal wetland delineation is needed to move forward. Commissioner Gazzana OK with RS-2 zoning. Commissioner Buckmaster asked how the two lots were zoned RS-2 with everything else being RS-1. Planner Trzebiatowski noted that in the past the zoning may have been added to make the lots conforming. PC 039-2021 Discussion of Conceptual Architectural Style for Vintage Grounds. Planner Trzebiatowski explained their concept being buildings created out of shipping containers. The petitioner would like to expand and stay within the general area. The discussion is then whether this architectural style something the Plan Commission would be able to review/approve. Planner Trzebiatowski explained the right area will be key due to Design Guide themes. Commissioner Buckmaster asked how this would fit in the HC-1. Planner Trzebiatowski explained that HC-1 is more historic, but in the right scenario the Plan Commission would determine if it is the right fit. Mayor Petfalski explained the intent of the design guides and may be receptive to re -inventing the area where the design guides may not have been taken advantage of. The petitioner explained some of the current developments and how this would fit being a more modern look. Something with a rooftop and/or balcony would be great around here. Commissioner Gazzana re -iterated that this is a concept in search of a place. 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. Planner Trzebiatowski explained the conceptual subdivision of a total of 103 lots with 5 outlots for stormwater, open space and access purposes. Approximately 31 % of the total area is being preserved as open space within outlots. The concept would be a planned development in a medium density residential land use category. Public water and sewer would be extended to the area with stubs to the east. Commissioner Buckmaster asked about specifically lots and driveways Commissioner Gazzana asked if this would be open to other builders or exclusively to the developer. Bill Carity of behalf of the developer stated that it would be open to other builders. Bill Carity also mentioned that they have spent time with staff, Waukesha County and SEWRPC with discussions on how to preserve the woodlands. Mr. Carity also mentioned that they need input as they are closing on one of the properties this summer and would like to submit a preliminary plat this summer. Commissioner Buckmaster asked if wetlands would be on residential lots. Bill Carity said all wetlands would be on outlots. Commissioner Oliver asked about the egress on Martin with this being a substantial development and the existing topography. Mr. Carity said that they are planning on acceleration/deceleration lanes and are cognizant of the traffic concerns. Commissioner Graf asked whether there are concerns about being a short-cut from College to Martin. Planner Trzebiatowski explained there are traffic calming devices and Mayor Petfalski added that there is significant elevation between the two roads. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner