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PCR2020046 Pops MarketPlace BSO Amend RESOLUTION #P.C. 046-2020 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR MARK KNUDSEN, POP’S MARKETPLACE, LLP LOCATED IN THE SE ¼ OF SECTION 3 (TAX KEY NO. 2172.999 / S70 W16050 JANESVILLE ROAD) WHEREAS, A submittal was received for a Building, Site and Operation (BSO) Plan amendment from Mark Knudsen of Pop’s MarketPlace, LLP located at S70 W16050 Janesville Road / Tax Key No. 2172.999, and WHEREAS, Mark Knudsen of Pop’s MarketPlace, LLP is seeking a Building, Site and Operation Plan (BSO) amendment to expand limited operations outdoors for the 2020 season at their new location, which is in the location of the former Basses County Market, and WHEREAS, The applicant is proposing a 20’ x 20’ open sided pergola with a paver floor to add permanent covered outdoor seating for patrons throughout the day and during times where events are taking place, and WHEREAS, For 2020, the applicant would like to continue the fall events that have been in operation at Basse’s Country Market with no changes, and WHEREAS, Food and beverage vendors are proposed near the southeast corner of the existing building on the mulched area including one daily food truck during lunch hours and two additional food trucks on Thursday, Friday and Saturday nights and for special events from 5:00pm to 9:00pm, and WHEREAS, A mini-market and farmers market is proposed for up to 20 vendors of local farmers to sell local produce occurring on either Tuesday or Thursday from 4:00pm to 7:00pm and Saturday from 1:00pm to 4:00 pm, and WHEREAS, Beer gardens are proposed throughout the remainder of the year on Thursdays through Saturdays from 5:00pm to 9:00pm, and WHEREAS, Pop’s MarketPlace, LLP is seeking approval for hosting outdoor music events and special events on a small stage located behind the proposed food truck locations to end at 9:00pm to coincide with the closing of all other events/activities on the premises, and WHEREAS, This proposal, lasting until the end of the 2020 season, would continue the use of the portable toilets and hand washing stations, until a more permanent solution is approved for bathrooms in the future, and WHEREAS, Currently there are roughly 15 paved parking spaces, which is sufficient for the indoor market, and WHEREAS, Pop’s MarketPlace utilized a grassy area marked with a temporary fence for parking and would like to continue using the grassy area for parking through the 2020 season. THEREFORE BE IT RESOLVED, The Plan Commission approves of a Building, Site and Operation Plan amendment for Mark Knudsen of Pop’s MarketPlace, LLC at S70 W16050 Janesville Road / Tax Key No. 2172.999. BE IT FURTHER RESOLVED, That the Plan Commission approves a 20’ x 20’ open sided pergola with a paver floor pending approval of building permits. BE IT FURTHER RESOLVED, The colors of the proposed pergola must be similar to the colors of the existing building. BE IT FURTHER RESOLVED, Events that include any vendors, such as the mini-market, farmers market, food trucks/beer garden, etc. must setup/locate outside of all approved parking areas (paved or grass) and this includes their trucks, trailers, booth, equipment, etc., during any operations/events to ensure that all on-site parking can remain open for customers at all times. BE IT FURTHER RESOLVED, Parking on adjacent sites cannot be allowed unless proper agreements are established with the neighboring property owners and said agreements are provided to the City. BE IT FURTHER RESOLVED, The temporary grass parking area needs to have its exterior boundaries clearly marked and the parking stall within this area need to be marked to ensure adequate and safe parking can be provided. BE IT FURTHER RESOLVED, If the lack of or the layout of on-site parking becomes an issue, then the overall operations of the site will be brought back in front of the Plan Commission for re- review. BE IT FURTHER RESOLVED, If any complaints are received regarding the noise of any of the event and/or music, the petitioner must immediately rectify the noise issues via City staff and/or come back to the Plan Commission for another BSO amendment for a solution to the noise complaints. BE IT FURTHER RESOLVED, Pop’s MarketPlace must work with the Clerk’s office to finalize specific dates of music events and they must receive all proper liquor/beer and music/dance permits. BE IT FURTHER RESOLVED, Any changes to the past Fall events/activities would need further City review/approval. BE IT FURTHER RESOLVED, If any refuse/recycling containers need to be relocated outside at some point into the future, a proper City approved enclosure must be installed. BE IT FURTHER RESOLVED, All signage (temporary or permanent) will require further review for compliance with City sign code regulations and permit approvals. BE IT FURTHER RESOLVED, Any new/altered exterior lighting will need approvals from the Planning Division before any lighting changes can be made and all City required lighting specs must be met, include all fixtures being full cut-off with zero degree tilt. BE IT FURTHER RESOLVED, No outdoor storage/display is being requested and as such, no outdoor storage/display is allowed on site without further Plan Commission approvals. BE IT FURTHER RESOLVED, The approved outdoor operations are only valid for 2020 as this time period will be used to see how well the proposal works on site for this unique use and re- approvals will need to be requested by the applicant for any outdoor operations for 2021 to ensure that if the outdoor uses are going to continue that proper permanent parking, restroom facilities, etc. can be further reviewed and addressed for these continued operations. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: July 21, 2020 Denied: Deferred: Introduced: July 21, 2020 ATTEST: Adam Trzebiatowski, Planning Manager