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PLAN COMMISSION Packets 04072022CITY OF MUSKEGO PLAN COMMISSION AGENDA 04/07/2022 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF THE MINUTES Approval of the Minutes of the March 1, 2022 meeting. Plan Commission Minutes 03012022.pdf PUBLIC HEARING be C21 of SKEGO Public Hearing for a Conditional Use Grant in accordance with the Muskego Zoning Ordinance for the purpose of allowing a gas station use and an auto service facility use as part of the development of Fleet Farm located at Racine Avenue & College Avenue / Tax Key No. 2177.996. PH2O220407_FleetFarm_CUG.pdf CONSENT BUSINESS RESOLUTION PC 026-2022 Approval of a 2-Lot Certified Survey Map for David & Wendy Henneberry located at S93 W19721 Henneberry Drive / Tax Key No. 2239.996. PC 026-2022 SUPPLEMENT.pdf PC 026-2022 MAP.pdf PC 026-2022 RESOLUTION.pdf PC 026-2022 SUBMITTAL.pdf RESOLUTION PC 027-2022 Approval of a Temporary Garden Center for Andrew Werner of AW Greenhouses located at S74 W17009 Janesville Road / Tax Key No. 2199.999.022. PC 027-2022 SUPPLEMENT.pdf PC 027-2022 MAP.pdf PC 027-2022 RESOLUTION.pdf PC 027-2022 SUBMITTAL.pdf OLD BUSINESS FOR CONSIDERATION RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 025-2022 Approval of a Conditional Use Grant for Fleet Farm located at College Avenue & Racine Avenue / Tax Key No. 2177.996. PC 025-2022 SUPPLEMENT.pdf PC 025-2022 MAP.pdf PC 025-2022 RESOLUTION.pdf PC 025-2022 SUBMITTAL.pdf MISCELLANEOUS BUSINESS ADJOURNMENT V102irea 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. K CITY OF MUSKEGO PLAN COMMISSION MINUTES 03/01 /2022 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 UNAPPROVED ue Csv of SKEGO Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster, Graf, Gazzana and Oliver, Planner Trzebiatowski. Absent: None. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. PUBLIC HEARING Public Hearing for a renewal of Conditional Use Grant in accordance with Section 14 of the City of Muskego Zoning Ordinance for Payne & Dolan for the purpose of continued mining and processing of sand and gravel and the extension of use of an asphalt plant at the NW corner of Crowbar Road and Janesville Road, in the NE 1/4 and SE 1/4 of Section 13 (Tax Key No. 2230.996 / W217 S8425 Crowbar Road). Planner Trzebiatowski provided an overview of the annual review for Payne & Dolan to address any issues/concerns. Brianna from Payne & Dolan introduced herself and mentioned they are operating as usual. Right now, there are no plans to run nights this year, but if things change, they will run the normal process. Public Hearing closed at 6:04pm. APPROVAL OF THE MINUTES Approval of the Minutes of the February 1, 2022 meeting Commissioner Bartlett made a motion to approve the February 1, 2022 minutes. Commissioner Gazzana seconded. Motion to approve passed unanimously. 3 CONSENT BUSINESS RESOLUTION PC 013-2022 Renewal of a Conditional Use Grant for the purpose of continued mining and processing of sand and gravel, and the extension of use of an asphalt plant for Payne and Dolan at W217 S8425 Crowbar Road / Tax Key No. 2230.996. RESOLUTION PC 014-2022 Approval of an Annual Review for the Loomis Court LLC. property located at S98 W12575 Loomis Court & W125 S9912 North Cape Road / Tax Key No. 2257.973.001. RESOLUTION PC 015-2022 Approval of an Annual Review for the Durham Hill Auto property located at S98 W12608 Loomis Drive / Tax Key No. 2257.982.002. RESOLUTION PC 016-2022 Approval of an Annual Review for Schaefer Snowplowing and Grading LLC located at W195 S9773 Racine Ave. / Tax Key No. 2274.998. RESOLUTION PC 017-2022 Approval of a Bi-Annual Review for outdoor storage for Ralph W. Raush at the property located at S83 W 18550 Saturn Drive / Tax Key No. 2223.003. RESOLUTION PC 018-2022 Approval of a Bi-Annual Review for the RD Meyer Mini Storage property located at W 145 S6550 Tess Corners Drive / Tax Key No. 2165.998.012. RESOLUTION PC 019-2022 Approval of a Bi-Annual Review for the George Alex property located at S98 W 12712 Loomis Drive / Tax Key No. 2257.984.001. RESOLUTION PC 021-2022 Approval of a Temporary Outdoor Garden Center located for Kurt Holtz at Elliots's ACE Hardware located at S64 W15732 Commerce Center Parkway / Tax Key No. 2169.999.007. RESOLUTION PC 022-2022 Approval of a Temporary Outdoor Garden Center for Paul's Petal Pushers at Piggly Wiggly located at W189 S7847 Racine Avenue / Tax Key No. 2192.973. Alderman Madden made a motion to approve the consent business engross. Commissioner Graf seconded. Motion to approve passed unanimously. OLD BUSINESS RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. No Discussion / Action NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 020-2022 Recommendation to Common Council to Rezone a property from A-1 Agriculture District to RCE Country Estate District for David and Wendy Henneberry located at S93 W19721 Hen neberry Drive / Tax Key No. 2239.996. 4 Planner Trzebiatowski explained this rezoning is common as both districts require 2.75 acres but the lot width can be a little narrower in the RCE District. A Public Hearing was held by the Common Council and there were no concerns at that time. Alderman Madden made a motion to approve Resolution PC 020-2022. Commissioner Bartlett seconded. Motion to approve passed unanimously. RESOLUTION PC 023-2022 Approval of a Building, Site and Operation Plan for Fleet Farm located at the southeast corner of College Avenue and Racine Avenue / Tax Key No. 2177.996. Planner Trzebiatowski provided a description of the proposed Fleet Farm including a retail store, accessory racking building, a fenced outdoor storage area, gas station with a car wash and associated overhead canopy. Highlights of the description include: - Project is just under 138,000 square feet. - 225 jobs would be created between the main retail store, auto center and convenience store. - The main retail store use is a permitted use, but further review indicated that the auto repair use portion of the building and the gas station use will require a Conditional Use Grant, which will be noticed separately and will most likely be on the next Plan Commission Agenda for a Public Hearing. - Hours are listed to be 8:00 AM to 8:00 PM Monday thru Saturday; 8:00 AM to 6:00 PM on Sunday and the auto service would be from 8:00 AM to 5:00 PM, seven days per week. The car wash is requested as 24- hours per day, but the Plan Commission may want to discuss these hours based on recent approvals. - As for the building architecture, the Racine Avenue Gateway Design Guide and General Design Guide apply to this building. - The proposed building utilizes precast masonry panels with inlaid brick masonry and a decorative parapet coping system on all four sides of the building. - The bulk of the building will be masonry with some very limited areas of aluminum composite/metal material as an accent/architectural feature. - All employee service doors, overhead doors and shipping dock doors, will be painted to match the exterior of the building. - The front corners of the building and some decorative features are identified as being 36-feet in height where the B-3 District allows 30-foot maximum height. Typically, architectural elements are allowed to be taller than the main height of the walls. - The backside of any parapet walls will need to match the colors of the front of the walls. - Fleet Farm is implementing pitched roofs on the smaller buildings to help blend buildings and work towards the intentions of the design guide. - A fenced area is included for order online and pick up as well as some outdoor storage that is surrounding by fencing. - Within the storage area is a racking building with colors matching the main building. - Two areas of outdoor storage areas are included for display of seasonal products. - The gas station includes a pitched roof for the along with the gas canopy with brick columns. - Outdoor sales racks near the gas station must be painted to match the building and anything displayed between pumps will need to be up on a curbed island. - 429 parking stalls are proposed on -site meeting the ratios of their other stores. - A loading dock is in the northeast corner of the building being shielded with landscaping screening. - Four raised planter beds are included along the front of the building. - Sanitary sewer is available and will be connected whereas, the water will be handled via private well. - Staff recommends approval and noted the Plan Commission may wish to discuss include the height of the building with the parapets, parking, outdoor sales at the gas station, delivery times and car wash operation hours. Mayor Petfalski noted that there were a few people in attendance that wished to speak on this topic. Debra Bolton, W186 S7543 Kingston Drive said that she is not a NIMBY and has been dying for something like this in the City. Ms. Bolton is concerned with stormwater runoff with traffic and gas, oil and detergent. The 4i gas station and car wash are opportunities for contaminants be part of the runoff and end up in the lake. These uses require a Conditional Use and so maybe the Plan Commission consider the store without the gas station and car wash. Those are things Muskego doesn't need as there is a car wash down the road and a gas station across the street. Ms. Bolton is super excited about everything in the store, but maybe not the car wash and gas station which may allow a bigger store. This is a small store compared to the others by about 2/3rds, so she is concerned about what products will be missing from inside the condensed store. Ms. Bolton wants the large store. Could become better neighbors by not putting in the car wash and gas station. Steve Whittow, S76 W19804 Prospect Drive is solidly in favor of the Fleet Farm. Mr. Whittow believes this gets the City more on the dance floor for quality businesses in the community. They are great corporate citizens. Looking at the communities they have gone, the Fleet Farm is great for being a catalyst for good growth. There will be more traffic but that can be dealt with. Mr. Whittow is afraid that people three miles away are scared they will be disturbed by semi -trucks 24/7. This development will be a positive catalyst in the long run. Dorothy Kovac, S70 W17811 Muskego Drive has nothing personally against Fleet Farm, but is concerned about the gas station, car wash and noise. Also concerned with the delivery truck noise from the semi -trucks being less than 1 mile from her home. Feels that it is not consistent with the land uses in the area with the homes, schools and other residential areas and there thinks there are other locations or retail corridors that would be more suitable. The City has fabulous schools and reasonable tax rates and understands this is important to grow the tax base but does not feel this is necessary. Dan Cohen, Mid -America Real Estate, is a representative for Fleet Farm and noted that there are multiple representatives from Fleet Farm to address any comments/concerns. Commissioner Bartlett noted that he likes the design. The buffering at the loading dock is a concern. Maybe if the wall was on the east side of the loading dock as well for a sound buffer to neighbors behind. Anything to reduce the noise. Another question is about the traffic on Racine Avenue and has there been a traffic study with the increase in traffic and the gravel pit on the west side of Racine. Planner Trzebiatowski said that College Avenue and Racine Avenue are both County Highways, so the County has jurisdiction over all access points and the intersection. Matt Kocourek, from RA -Smith mentioned that the Traffic Impact Analysis (TIA) has been completed and will be submitted to Waukesha County. They expect comments back in 2 to 4 weeks. They expect some modifications including striping, widening and some turning lanes. Commissioner Gazzana asked about the gas but and if there is retail and if manned. The architect, Brannin Gries, noted that the south side is the car wash and the north side will be a manned retail area or a mini - convenience store. Commissioner Gazzana asked the hours the but would be manned. Mr. Gries noted they would be open 8:OOAM to 8:OOPM. Commissioner Buckmaster commented about the southeast side and if there is a drop. Matt Kocourek noted that it is about a 13-foot drop. Mr. Kocourek also noted that they are working with the school to obtain a temporary grading easement to grade the area resulting in a lower wall height and add a landscaping buffer. Commissioner Buckmaster thought the school was looking for fencing and foliage for a buffer. Mr. Kocourek noted that they provided plans to the school to review with larger trees included and coniferous trees there will not be any views of the parking lot. Commissioner Buckmaster noted that Fleet Farm has worked to alleviate any issues the school had. Commissioner Graf asked whether the Plan Commission should be concerned with foot traffic with the potential that people may walk across the school property or park in the school overflow lot on Racine and walk the ditch to Fleet Farm. Commissioner Buckmaster noted that his understanding is that the school is not concerned with any foot traffic across the property and he can't speak to why anyone would park in the south parking lot and walk to Fleet Farm. Planner Trzebiatowski noted that any retaining wall over six feet will require safety fencing on top of the wall. Mr. Kocourek said that with the revised plan the retaining wall maximum height is 4.5 feet. Commissioner Gazzana asked if the gas pumps would be open the same hours of the store or longer. Fleet Farm representatives noted that the pumps will only be open the same hours of the store. Commissioner Gazzana then asked if the pumps turn off at 8:OOPM how long does Fleet Farm want the car wash open as the only open thing on site. Mr. Kocourek said they were asking for 24-hours per day but could look into that. Commissioner Buckmaster asked if the Plan Commission can amend the Resolution and review the hours. Mayor Petfalski recommends a review regardless of what is done, but the Plan Commission could either allow the 24 hours and then pull it back at the review if there are issues or the opposite which would be have limited hours now and if there are no issues expand it at that time. Mayor Petfalski said 24-hours may be a bit much. Commissioner Bartlett said that he would like to be consistent with the other car washes recently approved. Planner Trzebiatowski noted that the last two approved car washes were from 7:00 AM to 10:00 PM due to the proximity of residences. Planner Trzebiatowski added that the idea of having a wall on the east side of the loading dock, in discussions it was noted that the wall would be effective if it extended past the front, or noisy part, of the truck which may cause additional turning movements. What could be done as was done with Walmart was to mandate that trucks be turned off when unloading. Mayor Petfalski added that the resolution for the idling noise would work but then the piercing back-up alarms from the trucks that cannot be avoided. Commissioner Bartlett likes the idea of turning the trucks off, but the other option would be a fence along the property lines, because the noise also comes from the active loading/unloading of the trucks and simple screening for a development this size isn't much. Mr. Cohen added that the trucks are not refrigerated and turn off when in the docks. Commissioner Graf asked if the unloading hours are 24 hours. Derrick Holke, of Fleet Farm said that the hours of operation are the hours of shipping/receiving. Hours are normally around open time, or 8:OOAM. Mayor Petfalski noted regarding the smaller store size, is that his understanding is there is a centralized distribution which allows for smaller stores. Mr. Holke also noted the same. Planner Trzebiatowski noted that the south side of the store, Fleet Farm will operate a seasonal garden center with temporary structures that are put up and taken down seasonally in addition to a but being stored behind the outdoor storage fence when not in use. Notes confirmed with the Plan Commission would include car wash hours consistent with others at 7:OOAM to 10:OOPM. Deliveries can be received 6:OOAM to 9:OOPM, trucks to be turned off to avoid idling in the shipping docks, with an annual review from when the store opens. Screening on the east side to be reviewed and worked on with staff. Planner Trzebiatowski noted that typically would include dense landscaping. Alderman Madden made a motion to approve Resolution PC 023-2022. Commissioner Graf seconded. Commissioner Buckmaster made a motion to amend Resolution PC 023-2022. Commissioner Gazzana seconded. Motion to amend Resolution passed unanimously. Motion to approve Amended Resolution PC 023-2022 passed unanimously. RESOLUTION PC 024-2022 Approval of a Building, Site and Operation Plan for the Muskego Biotech Building, LLC. located at the southwest corner of Commerce Center Parkway and Moorland Road / Tax Key No. 2169.993.009. Planner Trzebiatowski provided a summary of the future development including the roughly 80,000 sq. ft. building northeast of Northern Gear surrounded by three roads. The building is office/light manufacturing use with two tenants identified and space for a third tenant. The building has an office -type look with large glass entry and windows throughout the site. The building has an angled wall due to a sewer easement, but it adds character to the building. There is an existing stormwater pond where the building will be located, but a new stormwater pond will be installed south of the building location. There are no outside storage needs for this proposal. The building will be charcoals, greys and whites on the building and is similar to other buildings within Commerce Center West. There are 135 parking stalls proposed. 7 Bill Carity, speaking on behalf of the Basse Family notes that there is a 60-acre farm directly to the south. They plan on continuing to own the farm. There is a 5-acre woods being the most significant environmental feature on the land. Over the years, increasing stormwater from the development has made its way into the wooded area and now there are several specimen oak trees that have been lost. These losses are directly related to the water from the development. Mr. Carity asks that the Basse family be included with the engineering of the new storm water pond for review and comment. Planner Trzebiatowski read a statement from Gloria Basse. This letter reiterates what Mr. Carity noted regarding the stormwater from the development to the north and that they would like to be able to be involved with the engineering of the new stormwater pond design and review. Paul Grzeszczak, architect representing the Biotech Development. They appreciate the comments from Mr. Carity and they are willing to work with their engineers and the City. Hopefully the pond will help these issues and help the process better. Mayor Petfalski added that MMSD, City and State DNR reviews will be undertaken for stormwater. Alderman Madden made a motion to approve Resolution PC 024-2022. Commissioner Graf seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS None ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner 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 Thursday, April 7, 2022, at Muskego City Hall, W 182 S8200 Racine Avenue, College Ave. City of New Berlin to consider the following: .. Upon the petition of Frank Steeves of Fleet Farm shall the fallowing property known as: C I t y o f r M u s k e go Tax Key No. 2177.996 /Racine Ave. &College Ave. (Vacant) k� Be granted a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance for the of allowing a station use and an auto service facility use as of the development of Fleet lift ' purpose gas part Farm. 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 s� ■ Ilan I Publish in the Waukesha Freeman Newspaper on March 16, 2021 and March 23, 2021. Dated this 2nd day of March, 2022. i ♦M Q 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 Q INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED a Jot MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. NOTICE C .0 - "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 R Division at City Hall, W 182 S8200 Racine Avenue. (262) 679-4136." • 1 111 Tans Dr. Legend • aAffected Area ® Properties within 300 ft I: Municipal Boundary 0 Right -of -Way Parcels AA Structures ® Lake 0 312.5 625 1,250 Feet Scale: i i i *0 a ♦ At City of Muskego Plan Commission Supplement PC 026-2022 For the meeting of. April 7, 2022 REQUEST: Two (2) Lot Land Division — Certified Survey Map S93 W19721 Henneberry Drive / Tax Key No. 2239.996 SW '/4 of Section 20 PETITIONER: David & Wendy Henneberry INTRODUCED: April 7, 2022 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 026-2022 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 2.76 acres and 14.98 acres in size. The property is located along Henneberry Drive. PLAN CONSISTENCY PC 026-2022 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses. The proposal is consistent with the plan. Zoning: The property was recently rezoned from A-1 Agricultural District to RCE Country Estate District. This zoning requires minimum lot sizes of 120,000 SF and an average lot width of 250 feet. All lots are required to have at least 80 feet of frontage on Henneberry 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: The proper right-of-way for Henneberry Drive width will be dedicated via recording this CSM. The proposal will be consistent with the Plan. Adopted 208 Sanitary Sewer The lot will be serviced with private septic system. The proposal is Service Area: (consistent with the plan. Water Capacity Assessment FTheslsot will be serviced via the private water wells. The proposal is District: itent with the plan. DISCUSSION PC 026-2022 The applicant is seeking to divide their property into two in order to create a new buildable lot. The Plan Commission approved rezoning this property from A-1 Agriculture District to RCE-Country Estates District 10 via Resolution PC 020-2022 and Common Council via Ordinance #1496 on March 8, 2022. The lots will be approximately 2.76 acres and 14.98 acres in size, which exceed the minimum lot size. 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 026-2022 Approval of Resolution PC 026-2022 11 RESOLUTION #PC 026-2022 Supplemental Map David & Wendy Henneberry S93 W19721 Henneberry Drive SKEG Q Agenda Item(s) Right -of -Way Properties 0 300 600 Feet 1 1 1 Prepared by City of Muskego Planning Department j 12 RESOLUTION #P.C. 026-2022 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE HENNEBERRY PROPERTY LOCATED AT S93 W 19721 HENNEBERRY DRIVE / TAX KEY NO. 2239.996 WHEREAS, A Certified Survey Map (CSM) was submitted by David and Wendy Henneberry for a two (2) lot land division located at S93 W19721 Henneberry Drive / Tax Key No. 2239.996, and WHEREAS, This CSM is splitting the property into two lots, and WHEREAS, The proposed lots are 2.76 acres and 14.98 acres in size, and WHEREAS, The property was recently rezoned from A-1 Agricultural District to RCE Country Estate District and requires minimum lot sizes of 120,000 SF with a minimum average width of 250 feet per lot, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed lots are consistent with the plan, and WHEREAS, The proper right-of-way for Henneberry Drive width will be dedicated via recording of this CSM, and WHEREAS, The lot will be served by a private water well, and WHEREAS, The lot will be served by a private septic/mound system, and WHEREAS, All lots are required to have at least 80 feet of frontage on Henneberry Drive which is shown on the Certified Survey Map. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by David and Wendy Henneberry for a two (2) lot land division located at S93 W 19721 Henneberry Drive / Tax Key No. 2239.996, 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: April 7, 2022 ATTEST: Adam Trzebiatowski AICP, Planning Manager 13 CERTIFIED SURVEY MAP NO. LOCATED IN THE SOUTHEAST 114 OF THE SOUTHWEST 1/4, SECTION 20, TOWNSHIP 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN SURVEYOR KEITH A. KINDRED, PLS S-2082 SEH, INC. 501 MAPLE AVE DELAFIELD, WI 53018 (262)370-0165 KKINDRED@SEHINC.COM SURVEY FOR MARILEE J HENNEBERRY REVOCABLE TRUST S68W19298 LEMBEZEDER DR. MUSKEGO, WI 53150 HENNEBERRY DRIVE 80' PLANNED RIW LOT 2 LOT 3 CSM CSM 9000 2000 r .A 15.0' �\ WETLANDS 4' SETBACK \�� W CSM W d W ( � N UNPLATTED SW CORNER SEC 20-5-20 I 1844.22' S LINE OF SW 114 SEC 20-5-20 S88°17'15'W 2688.45 C.O.S. SEC 20-5-20 UNPLATTED LANDS L5 UNPL TTE�— — arms o N Lb o in N co UNPLATTED Ln W 10 LANDS N N LOT 1 r 120,436 SO FT r to 3 N 2.76 AC N in rn LL a1 O� zz J W 15.0' L7 WETLANDS--� SETBACK LOT 2 L3 --L--- 652,516 SQ FT J �Y 14.98 AC .1. I W W W I I v- I I 125.0' W WISC, ELEC. I �. POWER CO. ESMT -- DOC # 0494344 LOT LINE DATA LENGTH DIRECTION (REC / DEEDED AS) L1 844.23' S 88017'15" W - L2 591.52' N 01031'37" W N 01°31'37" W L3 249.95' N 88021'32" E S 88°20'46" W 250.00' L4 736.96' N 01°31'47" W N 01°31'42" W L5 343.56' N 88°20'49" E L6 609.43' S 01 °35'39" E L7 249.67' N 88022'41" E 250.00' L8 718.00' S 01 °33'23" E 717.93' UNPLATTED LANDS LEGEND - CONC. MON. W/ BRASS CAP FND. - 1" REBAR MONUMENT FOUND (UNLESS OTHERWISE STATED J•-11/16" REBAR 1.5LBS./LIN.FT. SET -WETLANDS PER WDNR SURFACE WATER DATA SEHP.O.B. - POINT OF BEGINNING PROJECT NO. HENDA 163436 THIS INSTRUMENT DRAFTED BY ELLIS P.O.B. r ao PT OF CSM 2493 L1 Y S QUARTER I CORNER SEC 20-5-20 LOCATION MAP SW 1/4 SEC 20-5-20 HENNEBERRY DR. 1:1000 N SCALE: 1 " = 100' 0 50 100 200 BEARINGS ARE REFERENCED TO THE WISCONSIN STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (NAD 83), GRID NORTH ON THE SOUTH LINE OF THE SOUTHWEST 114 SECTION 20-5-20 AS S88°17'15"W L O'CONNELL SHEET 1 OF 6 City of Muskego Plan Commission Supplement PC 027-2022 For the meeting of. April 7, 2022 REQUEST: Approval of a Temporary Seasonal Outdoor Garden Center Tax Key No. 2199.999.022 / S74 W 17009 Janesville Road (in the parking lot) NW & SW '/4 of Section 10 PETITIONER: Andrew Werner (A.W. Greenhouses) INTRODUCED: April 7, 2022 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 027-2022 The petitioner is proposing a temporary greenhouse structure for the sale of plants and flowers for 2022-2024. The petitioner is A.W. Greenhouses, who Plan Commission last approved to house their greenhouse operations in the Pick-n-Save parking lot in 2018. The temporary garden center is proposed within the parking lot in front of Preferred Fitness. The merchandise will be sold in a 20' x 30' greenhouse. Outside the greenhouse will be a 20' x 60' garden area. This area will be fenced in with an all wood handmade picket fence and a wood arbor at the entrance. Wood tables will be inside the fenced area for flower display. Proposed signage will be similar as used in past years and will be placed on the fence. Greenhouse operations are proposed from approx. May 1th — July 3th, from 9:00 am to 7:00 pm daily. Permission has been granted for the use of this portion of the site from the property owner and the use of the Water Store's restroom facilities. DISCUSSION PC 027-2022 The proposal is consistent with operations of other vendors in Muskego. There have been no issues with this business in the past. The petitioner is requesting this approval for a three-year period and staff is recommending said request and the resolution is drafted as such. A transient merchant license must be obtained from the City Clerk's Office and an electrical permit and inspection will be required by the Building Inspection Department for any electricity hookup if needed. STAFF RECOMMENDATION PC 027-2022 Approval of Resolution #PC 027-2022 15 RESOLUTION #PC 027-2022 s,a °z z o zo 0 r` r AW Greenhouses S74 W17009 Janesville Road !,1 &V, cV w MUSKEG Supplemental Map \e.Ole vtA•F r � Q Agenda Item(s) Right -of -Way Properties 0 150 300 Feet 1 1 1 Prepared by City of Muskego Planning Department RESOLUTION #P.C. 027-2022 APPROVAL FOR THE SALE OF PLANTS AND FLOWERS FOR ANDREW WERNER (A.W. GREENHOUSES) NEAR PREFERRED FITNESS LOCATED IN THE NW & SW '/4 OF SECTION 10 (S74 W 17009 JANESVILLE ROAD / TAX KEY NO. 2199.999.022) WHEREAS, A request has been submitted by Andrew Werner (A.W. Greenhouses) to locate a temporary greenhouse in the parking lot in front of Preferred Fitness building located at S74 W17009 Janesville Road, and WHEREAS, The request for outdoor plant sales is for Spring/Summer of 2022-2024, and WHEREAS, One 20' x 30' greenhouse and surrounding tables will be used to display the plant and flower merchandise, and WHEREAS, The proposed display area around the greenhouse will be 20' x 60' and a fence will enclose the display area, and WHEREAS, The fence will be a handmade wood picket fence with a wood arbor at the entrance, and WHEREAS, Proposed signage will be similar as used in past years and will be placed on the fence and greenhouse, and WHEREAS, A site plan has been filed for staff review and that proof of sanitary facility accommodations have been provided, and WHEREAS, An electrical permit and inspection may be required by the Building Inspection Department for the electricity hookup if it is required, and WHEREAS, A Transient Merchant License will be required to be obtained from the City Clerk's Office THEREFORE BE IT RESOLVED, That the Plan Commission approves the request for a temporary stand in the parking lot in front of Preferred Fitness for plant and flower sales for Andrew Werner (A.W. Greenhouses) subject to the following conditions: 1. Dates of operation approved from approx. May 1st to July 3rd 2022, 2023, and 2024, and 2. Hours of operation permitted only from 9 am to 7 pm daily, and 3. A letter of approval from the property owner has been submitted to the Planning Division approving rental space and letter has been provided allowing restroom facility usage, and 4. Applicable permits must be obtained from the Building Inspection Department prior to any site work on the property if electrical is required, and 5. Petitioner to obtain a Transient Merchants License from the Clerk -Treasurer's Office. BE IT FURTHER RESOLVED, That no outdoor storage/display of products, supplies, racks, garbage bins, or materials are allowed outside of the fenced area at any time. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2022 ATTEST: Adam Trzebiatowski AICP, Planning Manager `rl 00 T Andrew Werner 19 March 2022 AW Greenhouses Retail Stand The plan that I am proposing is a retail greenhouse selling stand that would be located in the Preferred Fitness parking lot on Janesville Road. Upon completion of this review, I would wish to renew this proposal every three years. I will be selling an array of annual flowers. Most of them will be in four, six, ten, and twelve inch pots as well as hanging flower bags. The greenhouse itself will be 20' wide, I V high, and 30' long. Outside of the greenhouse will be a 20' wide, 60' long "garden area". This area will be fenced in with an all wood, handmade, picket fence (I have provided pictures). The stand would be open from May P through July 3`° at the latest. The hours would be 9 a.m. to 7 p.m. seven days a week. With the exception of some holidays such as Mother's Day, 4'h of July, and Memorial Day, there will typically only be one person working at the stand. The only plug in device that will be used is a cash register, which is run off of a battery charged by a small solar panel. I look forward to selling at this location, and I am also excited to sell flowers in Muskego that were grown solely in Muskego. a� oz 9 tV LICENSE AGREEMENT THIS AGREEMENT is made as of April 14, 2022 by C.V. Zillig Muskego, LLC ("Licensor") and AW Greenhouses, LLC ("Licensee"). 1. Grant of License. Subject to the terms and conditions set forth below, Licensor hereby grants to License a nonexclusive, revocable, and nontransferable license for the use of and right to occupy the License Area, ad defined below, located in Licensoe's shopping center known as Preferred Fitness Center and located at S74 W17009 Janesville Road, Muskego, Wisconsin (the "Shopping Center"). 2. License Area. This license shall apply to the area located within the portion of the Shopping Center parking lot indicated on the attached Exhibit A (the "License Area"). Licensee accepts the License Area in an "as -is" condition. Licensor has no obligation to repair, repave, or make replacements to the License Area. Licensee may install in the License Area only such equipment and other property as Licensor approves in writing. 3 . Term. The term of the Agreement shall begin April 28, 2022 and, unless revoked earlier by Licensor, shall end on July 3, 2022 (the "Expiration Date"). Licensor may revoke this Agreement at any time by written notice License for any reason or no reason. 4. Rent. As rent for the License Area, Licensee shall pay to Licensor, without set-off, deduction or demand, -------- payable in advance on or before the first day of each month. 5. Insurance, Waivers, and Indemnification. Licensee shall maintain casualty and liability insurance acceptable to Licensor, and shall provide Licensor with written evidence of such insurance upon request. Licensee waives all claims and rights of subrogation against Licensor for damage to Licensee's property or business, including consequential damages, occurring at the Shopping Center. Licensee shall indemnify and defend Licensor against any and all damages claimed to be suffered by third parties (including reasonable attorneys' fees and all other costs and liabilities incurred in connection with any action or proceeding brought with respect to such a claim) arising from any act or negligence by Licensee or its employees or agents in or about the Shopping Center. 6. Utilities. Licensor shall not be required to supply to Licensee any services or utilities for the License Area. Licensee shall arrange directly with all utility companies for meters, and pay all required costs of establishing utility services and all utility services furnished to or consumed by Licensee. In the event Licensor provides electricity, Licensee shall reimburse Licensor. %.. Parkin and Deliveries. Licensee and its employees and agents shall park only in areas designated by Licensor. Licensee shall, upon request, furnish Licensor with license plate numbers of automobiles of Licensee and its employees and agents. Licensee shall require its delivery trucks to use designated services entrances and park only in areas designated by Licensor and shall not allow its delivery trucks to interfere with the business of Licensees and other occupants of the Shopping Center. c�. Lighting, Licensee shall keep the License Area fully lighted during its hours of operation, plus one hour. 9. Merchandise. Licensee shall warehouse, store, and stock in the License Area only such merchandise as Licensee intends to offer for sale at retail in the License Area. N N 9. Merchandise Licensee shall warehouse, store, and stock in the License Area only such merchandise as Licensee intends to offer for sale at retail in the License Area 10. Maintenance. Licensee shall keep and maintain the License Area and the surrounding area, including any equipment serving the License Area, neat; clean, and free of debris and trash, and in good order and repair. Licensee shall also police the other portions of the Shopping Center's common areas on: a daily basis to pick up any papers, fliers, another debris originating from Licensee's business. Licensee shall supply and install in the License Area trash containers of adequate size, arrange for disposal of trash and debris, and police the area around the trash containers. Licensee shall empty the trash containers as often as necessary (daily) to avoid overloading, leakage, spjllage, pest and rodentproblems, and unsanitary conditions. Licensee shall not burn any trash or debris of any kind in or about the Shopping Center. 11. Prohibited Uses_ Licensee shall not engage in any activities in the License Area, including, without limitation, the sale of tickets for, or the staging of, transportation or entertainment events, that would result in the use of the Shopping Center parking area for commuter parking; long-term parking for excursion trips, or purposes other than routine customer parking, or that would interfere with the normal business of the other stores in the Shopping Center. Licensee shalt not display, distribute, sell, or store any alcoholic beverages or any dangerous materials without the prior written consent of Licensor. 12. Surrender. On the Expiration Date or earlier termination of this License, Licensee shall quit and surrender the License Area in good order and condition, and at Licensee's sole expense shall remove its equipment and any other property, and repair any and all damages caused by such removal. Any equipment or property not removed shall be deemed abandoned; however, Licensee shall remain liable for the cost of removal and disposal. 13. No Lease. Neither this Agreement nor any of Licensee's rights in connection with this Agreement shall constitute a lease, whether of the License Area or otherwise: Licensee shall not bring any action against Licensor or interpose any defense against Licensor based upon the theory that this Agreement constitutes a lease. Licensee waives any substantive or procedural rights that Licensee may have that are predicated upon this Agreement being treated as a lease. The foregoing provisions notwithstanding, however, if this Agreement is deemed by any court; governmental authority, or quasigovernmental authority to constitute a lease, then Licensor shall have all of the rights and remedies of a Licensor of real estate available at applicable law. LICENSOR: C. V. Zillig Muskego, LLC By: MQrekaSn<<, k !.Aarnc��eYL (Print name and title) I i+ ;1 LICENSEE- AW Greenhous , LLC 001, 13y:� (Print name and rirml City of Muskego Plan Commission Supplement PC 025-2022 For the meeting of. April 7, 2022 REQUEST: Approval of a Conditional Use Grant (CUG) for Fleet Farm Tax Key No. 2177.996 / Southeast Corner of Racine Avenue and College Avenue NE'/4 of Section 5 PETITIONER: Frank Steeves of Fleet Farm INTRODUCED: April 7, 2022 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 025-2022 A petition was received for a Conditional Use Grant to operate a gas station and auto service center at the new Fleet Farm retail store development at the southeast corner of Racine Avenue and College Avenue. A Building, Site and Operation (BSO) Plan was approved by the Plan Commission at the regularly scheduled meeting on March 1, 2022 via Amended Resolution PC 023-2022. This petition is solely for the Plan Commission to discuss/determine whether a gasoline service station and service establishment for automobiles are acceptable uses in the B-3 District at this location within the confines of the BSO approval. CONSISTENCY WITH ADOPTED PLANS 025-2022 Comprehensive Plan: The 2020 Plan depicts the property as Commercial use. The petition is consistent with the Plan. The property is zoned B-3 General Business District. A Conditional Use Zoning: Grant is required for the gas station use and the auto service use (including oil changes). Park and Conservation No acquisitions are proposed in this area. The proposal is consistent with Plan: the Plan. Street System Plan: All streets are dedicated to their ultimate widths. The proposal is consistent with the Plan. Adopted 208 Sanitary Publi�ry sewer serves the property. The proposal is consistent with Sewer Service Area: the Plan. Water Capacity Municipal water is not currently available to this property and a private well Assessment District: system is proposed. The proposal is consistent with the Plan. Stormwater Management The detailed review relating to stormwater will occur separately but are Plan. planned throughout the site, mainly in underground facilities. The proposal �is consistent with the Plan. General Design Guide The Racine Avenue Gateway Design Guide and General Design Guide govern this area. See comments below about building design. 23 STAFF DISCUSSION PC 025-2022 At the March 1st meeting the BSO approval the Plan Commission discussed and approved the structures, architecture, colors, site layout, and business operations including deliveries and the overall retail use of the site. Three individuals spoke to the Commissioners regarding their comments/concerns for the new Fleet Farm store. Two of the three individuals were in favor of the Fleet Farm development but were concerned with the need for another gas station and car wash, storm water runoff and traffic. The third resident was concerned with the noise of the delivery trucks and thought there may be a better location for the store. A thorough discussion by the petitioner and Plan Commissioners included the concerns raised and the fact that Milwaukee Metropolitan Sewerage District (MMSD) and the Wisconsin Department of Natural Resources (DNR) having to approve the stormwater plans. These plans have been submitted and are currently being reviewed by the City. As for the traffic, the petitioner mentioned that they were working on a Traffic Impact Analysis (TIA) and will be submitting to Waukesha County for review as both Racine Avenue and College Avenue are County highways and under County jurisdiction. As for the noise of the delivery trucks, the petitioner noted that the engines are shut off after the truck is docked and deliveries will be limited to between 6:00 AM and 9:00 PM. Other topics discussed include the limited car wash hours of 7:00 AM to 10:00 PM which is identical to the other car washes in the City. Screening the retail store towards the east was a concern from the Plan Commission and they directed staff to work with the petitioner to be sure there is sufficient screening from the residences and Mill Valley Elementary School. Use As previously mentioned, the retail use is permitted with Plan Commission approval of a BSO Plan that was approved. The CUG is only for the ability to operate a gas station and the auto service portion of the retail store. Overall, staff feels these uses will fit seamlessly in with larger Fleet Farm development. Amended Resolution PC 023-2022 included all BSO conditions of approval for the Fleet Farm development that will remain in effect with this Conditional Use Grant. STAFF RECOMMENDATION PC 025-2022 Approval of Resolution PC 025-2022 — Subject to the items noted in the Amended Resolution PC 023-2022 unless modified in this resolution PC 025-2022. 24 RESOLUTION #PC 025-2022 Supplemental Map COL' EGE AVE ` t LU Z _ .. , w, . a _ sCHOOL D t 4 ; LU zfr I 4 r , Land 1111 martii • n Office, LIP, E RP6, Ayres Associates Frank Steeves Fleet Farm Q Agenda Item(s) Southeast Corner of Racine Avenue Right -of -Way and College Avenue Properties 1 t & C °( 0 300 600 Feet Su Ej I I 1 25 11 ■ '� Prepared by City of Muskego Planning Department RESOLUTION #P.C. 025-2022 APPROVAL OF A CONDITIONAL USE GRANT FOR FLEET FARM LOCATED SOUTHEAST CORNER OF RACINE AVENUE AND COLLEGE AVENUE (TAX KEY 2177.996) WHEREAS, A request was submitted by Frank Steeves of Fleet Farm for a Conditional Use Grant (CUG) for the purpose of allowing a gas station and auto service center within the approved Fleet Farm development at the southeast corner of Racine Avenue and College Avenue / Tax Key 2177.996, and WHEREAS, The property is currently zoned B-3 General Business District, and gas station and auto service center uses are a permitted use by Conditional Use Grant, and WHEREAS, A Public Hearing was scheduled for April 7, 2022, and WHEREAS, A Building, Site and Operation (BSO) Plan was approved by the Plan Commission at the regularly scheduled meeting on March 1, 2022 via Amended Resolution PC 023-2022, and WHEREAS, As part of the BSO approval the Plan Commission discussed and approved the structures, architecture, colors, site layout, and business operations including deliveries and the overall retail use of the site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of the Conditional Use Grant for a gasoline service station and service establishment for automobiles within the Fleet Farm development located at the southeast corner of Racine Avenue and College Avenue / Tax Key 2177.996. BE IT FURTHER RESOLVED, That all conditions of approval from Amended Resolution PC 023- 2022 remain in effect. BE IT FURTHER RESOLVED, That a copy of said plans 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, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: April 7, 2022 ATTEST: Adam Trzebiatowski AICP, Planning Manager 26 ti N a Cu5 Re ")L2, /'*VG. Design -build • Construction Management •Commercial • Industrial To: City of Muskego From: Fleet Farm Subject: Narrative for Gas Station, Car Wash, and Automotive Center All fuel stations go through required annual functionality testing by a third party o They test all tank safety functions to include ■ Overfill alarms, tank capacity inspection, all testing reports (leak detection, liquid detection, etc.), emergency stops and visual inspection of containments for soundness • The entire UST system is monitored by an electronic tank monitoring system with daily tests performed o These tests include verification of leaks within the system (all components are double walled and the containment wall (interstitial space) is monitored for liquid. • The state further inspects our sites on a random basis to ensure we are documenting all monthly tests and a physical inspection. Auto Service • All auto service bays have a floor drain system with a flammable waste trap that catches all petroleum based products, these are pumped and inspected on a regular basis by Safety Kleen. Car Wash • Just like the auto center. WEST ELEVATION 0 SOUTH ELEVATION 0 EAST ELEVATION 0 n NORTH ELEVATION O FIR5T FLOOR g)rFy DOCK ELEV. FIRST FLOO 100R' - O" z O H U D U) z O U Of O 1 F O z } Q z J W d V O z O O � � LL z w 0 Ow ULU z Q O date: job: a. by: a� A-4.0 N 00 (YARD GATES - 01 OVERALL PERSPECTIVE 01 OVERALL PERSPECTIVE 02 - 0 g)CORNER PERSPECTIVE sJJ 0 O z O O � � z W OUl U z LU Q O a>�e: job: a. by: A-10. W co GAS HUT - NORTH-EAST VIEW OAS HUT - SOUTH-WEST VIEW OA5 HUT - NORTH-WE5T VIEW OAS HUT - SOUTH-EAST VIEW z O U D U) Z O U Of O 1 F- O z } Q Z_ J W d O z O O � � LL— z W Otit u z Lu Q O dle: job: d. by: A-10. W 0 OAS HUT AFf= ROACH PERSPEGTI\/E OAS HUT PERSPEGTI\/E JOU OAS HUT $ r ANOPY PERSPEGTI\/E W @OVERALL 51TE PLAN z O H U D H z O U Of O LL F O z O d�a: job: d. by: A-0.1 w N