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PC 031-2021 RESOLUTION RESOLUTION #P.C. 031-2021 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, In July 2020, Mark Knudsen applied for a Building, Site and Operation Plan Amendment to operation limited outdoor operations through 2020 WHEREAS, Mark Knudsen of Pop’s MarketPlace, LLP is seeking a Building, Site and Operation Plan (BSO) amendment to continue the limited outdoor operations moving forward at the current location, and WHEREAS, Many of the activities from 2020 will continue moving forward including the live music, food trucks, mini-markets, along with other new events of a similar nature, and WHEREAS, Outdoor music events and other special events to end at 9:00 pm to coincide with the closing of all other events/activities on the premises, 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 f ence for parking and would like to continue using the grassy area for park ing. 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, This approval is only valid for Pop’s MarketPlace LLC on this property and if a different operator were to take over this site/use/building, the new operator would need to re-seek Plan Commission approval for any new or continued site operations. 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 f or a solution to the noise complaints. BE IT FURTHER RESOLVED, Pop’s MarketPlace must work with the Clerk’s Office/Common Council to finalize specific dates of music events and they must receive all proper music/dance permits. 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, Any new outdoor operations or events will cause a significant change or modification to the normal operations whether it is due to the size, type or potential nuisance, the applicant must submit for a Building, Site and Operations Plan amendment to be reviewed by the Plan Commission to accommodate said site or operations changes/modifications moving forward. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, Failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: Denied: Deferred: Introduced: May 4, 2021 ATTEST: Adam Trzebiatowski, Planning Manager