TOWN OF GENESEE PLAN COMMISSION MINUTES. July 25 th, 2016

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1 TOWN OF GENESEE PLAN COMMISSION MINUTES July 25 th, 2016 Present: Engelking, Christiansen, Turzynski, Lightfoot and Supervisor Ross Also Present: Herrmann, and Bushéy Absent: Leair and Wiebelhaus Engelking called the meeting to order at 6:00 p.m. Discussion/Action-Special exception request from Section 19 (A) (1) no accessory building closer to the road than principle structure and Section 19 (B) (1) (d) for more than 2 accessory buildings, S47 W33733 Fox Hollow Dr., Dousman, WI 53118, Kristian Hennum- Engelking turned it over to Herrmann and he explained that the Hennums would like to put up a pre-fab shed. He said they currently have a sauna and another shed. Mr. Hennum explained the current shed is a workshop. Engelking asked if there were any questions from the Plan Commissioners and there were none. Christiansen made a motion to approve the special request for an accessory building closer to the road than the principle structure and the special request for more than 2 accessory buildings. Lightfoot seconded the motion, motion carried unanimously. Discussion/Action - Site Plan/Plan of Operation, Body Engineering, S42 W31254 S.T.H. 83, Ryan Holtzman- Engelking reminded everyone this was looked at the last meeting and the parking was in question. Herrmann s report follows: TOWN OF GENESEE PLANNING COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION PROJECT NAME: Body Engineering DATE: July 18, 2016 TAX KEY NUMBER: GNT PETITIONER: OWNER: Ryan Holtzman d/b/a Body Engineering N25 W24333 River Park Drive #419 Pewaukee, WI Gary Reichert P.O. Box 321 Genesee Depot, WI LOCATION OF PROPERTY: 1

2 Part of the NE 1/4 of Section 21, T6N, R18E, Town of Genesee, located at S42 W31254 Hwy 83, containing approximately 35,719 square feet. PRESENT ZONING: B-2 Local Business District. PRESENT LAND USE: Vacant Commercial Space in Lower Level with Two (2) Rental Apartments on Upper level. PLANNER S ANALYSIS: The property consists of approximately 1.8 acres in size and contains a 2,934 square foot building occupied by This & That Antiques and a two-story building with 3,302 square feet on each floor formerly occupied by The Pink Shopping Bag with two (2) rental units on the upper level. The petitioner is proposing to utilize the first floor of the two (2) story building to operate a fitness studio for personal training and group classes. The interior floor plan includes a workout area (with fitness equipment, free weights, kickboxing bags, cable machine, benches and a treadmill), restroom, lockers and a storage area. The petitioner has indicated that he will offer personal training on an individual basis and group classes. The operation will employ one (1) full-time and three (3) part-time employees. The days and hours of operation are Monday through Sunday 5:30 a.m. to 9:00 p.m. The site has a total of 83 standard parking stalls and four (4) handicap stalls for a total of 87 parking spaces. The proposed church operation requires a total of 58 parking spaces, however; it is unknown what uses will exist after the church takes over ownership. Therefore, it is not known how many vacant parking spaces exist on the property at this time. However, The Waukesha County Board of Adjustment granted a variance on Wednesday, July 13, 2016 to allow uses on the property to accommodate up to 109 parking spaces, even though the property only contains 87 parking spaces. According to the Town of Genesee Zoning Code, the proposed use requires one (1) space for every two students and one (1) space for each employee. The petitioner indicates that he will have a maximum of 15 members in a class with a potential of four (4) trainers or employees at any one time. Therefore, the proposed use requires 12 parking spaces, which is eight (8) less than the Pink Shopping Bag. However, a request from the owner will be considered by the Plan Commission to deviate from the required number of parking spaces for this building to only requiring a total of nine (9) spaces for the proposed uses in the building instead of the required twenty-four (24). The petitioner is not proposing to change the signage, landscaping or exterior lighting at this time. The property is served by a private septic system and private well. PLANNER S RECOMMENDATION: Based upon the above information, the Town Planner recommends the Town Plan Commission approve this request subject to the following conditions: 1. Documentation shall be submitted to the Town Planner, that the Waukesha County Environmental Health Division has approved the existing private waste disposal system for the proposed business operation, prior to the issuance of any permits. 2

3 2. A detailed list of the number of groups/classes and the size of each group/class shall be submitted to the Town Planner so that the number of parking spaces required for the proposed use can be determined and to insure adequate parking is provided for the proposed use, prior to the issuance of any permits. If adequate parking is not available, the Town Plan Commission will need to decide if said use qualifies for a reduction in parking based on the Town of Genesee Zoning Code. If not, the business will not be allowed to operate from this location, unless a variance is approved by the Town of Genesee Board of Appeals. 3. If a sign is proposed, a detailed rendering of the proposed sign, including the material for the sign shall be submitted to the Town Planner for review and approval prior to erecting said sign. 4. The owner and petitioner shall provide exact number of onsite parking spaces as required by the Town Plan Commission. 5. No overnight outside storage shall be allowed, unless specifically approved by the Town Plan Commission. 6. Documentation shall be submitted to the Town Planner that the local Fire Inspector has inspected the building for compliance with all local fire codes, prior to occupancy of the building. 7. Documentation shall be submitted to the Town Planner that the Town Building Inspector has inspected the building for compliance with all applicable building codes, prior to occupancy of the building. 8. No outside amplified music or entertainment shall be allowed. 9. Documentation shall be submitted to the Town Planner that all required local, county, state and federal licenses and permits have been obtained. 10. The applicant shall allow the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 11. All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 12. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee Plan Commission. 13. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area. The Town Plan Commission may modify, change, delete, add, etc. any conditions which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area. 3

4 14. Professional fees. Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions. 15. Payment of Charges. Any unpaid bills owed to the Town by the subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to Section , Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval. Respectfully submitted, Jeffrey C. Herrmann, AICP Town Administrator/Planner Herrmann said the Town Attorney advised him to take the shoreland buildings out of the property in regards to the parking. He said Waukesha County already approved a variance for the parking and the Town would be modifying their ordinance in regards to the parking. Herrmann also said a motion should be subject to item #5 on the agenda being approved also. Engelking asked if there were any questions from the Commissioners and there were none. Lightfoot made a motion to approve the Site Plan/Plan of Operation for Body Engineering subject to the Planners recommendations and item #5 on the agenda also being approved. Ross seconded the motion, motion carried unanimously. Discussion/Action- Special exception request from Section 19 (A) (1) no accessory building closer to the road than principle structure and Section 19 (B) (1) (d) for more than 2 accessory buildings, S51 W33413 Road GE, Robert and Margaret Michaels- Engelking said this is a similar request to the item #1 on the agenda. There was brief discussion. Engelking asked if the Commissioners had any questions and there were none. Ross made a motion to approve the special request for an accessory building closer to the road than the principle structure and the special request for more than 2 accessory buildings. Christiansen seconded the motion, motion carried unanimously. Discussion/Action- Transfer of Land, W302 S2944 S. Bethesda Circle, LOT 7 BLK 9 SKYLINE HEIGHTS PT SE1/4 SEC 10 T6N R18E & S29W30242 S BETHESDA CIR LOT 8 BLK 9 SKYLINE HEIGHTS PT SE1/4 SEC 10 T6N R18E, Gary & Karen Shadley, Eugene & Catharina Decker- 4

5 Engelking explained because it is a land transfer a Certified Survey Map is not required. Herrmann said that this was a Board of Adjustment case that was denied. He said Mr. Shadley is wanting to put a shed where one was previously but it is closer than 20 feet off the lot line. He said Mr. Shadley is attempting to make it conforming and Herrmann does not have a problem with it as long as the properties are 1 acre. Mr. Shadley explained what he is proposing, and said the surveyor was supposed to come today but didn t. He said he may be off 2 feet one way or another. Herrmann said the Town just needs verification. There was discussion on the size of the lot. Herrmann s memorandum follows: Memorandum To: Town of Genesee Plan Commission From: Jeffrey C. Herrmann, Administrator-Planner Date: 07/18/16 Re: Land Transfer Shadley-Decker Gary & Karen Shadley own Lot 7, Block 9 Skyline Heights, which is approximately 1.16 acres of land. Their neighbor to the southeast, Eugene and Catharina Decker, own Lot 8, Block 9, Skyline Heights, which is approximately 1.06 acres of land. Mr. & Mrs. Shadley are proposing to purchase approximately 20 feet from their adjacent neighbor to the southeast. This will result in about 2,235 square feet (.05 acres) being transferred from the Decker s to the Shadley s property. According to the Town of Genesee Code, in every situation, regardless of circumstances, that a property owner seeks to convey land in a manner that would adjust a lot line or create or eliminate a lot line, and that conveyance does not require a certified survey map or subdivision plat pursuant to this chapter, and where an adjacent property owner intends to acquire such interest in land, the proposed action shall be submitted to the Town of Genesee Plan Commission for prior review, before the conveyance documents are signed and before the conveyance is recorded in the office of the Waukesha County Register of Deeds. The Town Plan Commission review shall be limited to considering whether the conveyance is in compliance with (2)(am)3, Wis. Stats., and the applicable laws cited therein, including these regulations, the applicable zoning ordinance, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exists prior to the conveyance as would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate the ordinance and therefore have no legal nonconforming rights. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming 5

6 rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming or would increase the extent of any preexisting legal nonconformity of an existing structure. The Town Planner has reviewed the proposed land transfer and determined that additional information will need to be provided. It is uncertain if the resulting lot for the Decker property will continue to be a minimum of one (1) acre in size. A rough calculation indicates that the Decker parcel is approximately 1.08 acres. With the proposed transfer the Decker lot appears to be incompliance with the one (1) acre minimum requirement, but verification should be provided to the Town Planner prior to transferring said land. In addition, the structure on the Decker s lot will need to be verified that they are still conforming after the land transfer. The same number of lots will exist after the conveyance, both lots will be legal, but not sure if conforming, neither lot contains a legal nonconforming use, the resulting lots and the existing improvements on the lots will not violate open space requirements and the conveyance will not make an existing conforming structure illegal or nonconforming or increase the extent of any preexisting legal nonconformity of an existing structure. If the resulting lots are a minimum of 1-acre in size and all existing structures conform the offset and setback requirements, then the proposed land transfer will be in compliance with the above and the proposed land transfer could take place. In addition, the petitioner s should verify with their homeowners association that the proposed land transfer does not violate any covenants or restrictions of the subdivision. Herrmann said Mr. Shadley is wanting to put a shed where one was previously but it is closer than 20 feet off the lot line. He said Mr. Shadley is attempting to make it conforming and he does not have a problem with it as long as the properties are 1 acre. Mr. Shadley explained what he is proposing, and said the surveyor was supposed to come today but didn t. He said he may be off 2 feet one way or another. Herrmann said the Town just needs verification. There was discussion on the size of the lot. Engelking asked if there were any other questions from the Commissioners, and there were none. Ross made a motion to approve the land transfer subject to Herrmann s conditions in his report. Lightfoot seconded the motion, motion carried unanimously. Discussion/Action- Request to allow reduction in parking per Section 21(A) (7) (a) and Section 21 (A) (10) (d), This & That and Body Engineering, S42 W31254 S.T.H. 83, Genesee Depot, Jay Cavaiani- Engelking said the Site Plan/Plan of Operation for Body Engineering was subject to this item. Herrmann s memorandum follows: Memorandum To: From: Town of Genesee Plan Commission Jeffrey C. Herrmann, Administrator-Planner 6

7 Date: 07/18/16 Re: Brandybrook Christian Church On March 10, 2016, the Town of Genesee Plan Commission held a joint public hearing with a staff member of the Waukesha County Department of Parks and Land Use Staff to consider the Conditional Use request of Brandybrook Christian Church, 308 Oak Crest Drive, Wales, Wisconsin to allow for a church and religious assembly use with an associated office and youthrelated activities as well as retain the existing commercial uses and US Post Office on the property. The property is located in the NE ¼ of Section 21, in the Town of Genesee, and at S42 W31230 S.T.H. 83. Finally on June 27, 2016 after several public hearings, the Town Plan Commission, by motion duly made and seconded, approved the request for a church subject to numerous conditions. The property is unique in that the eastern portion of the property is regulated by the Waukesha County Shoreland Jurisdiction and the western portion of the property is regulated by the Town of Genesee Zoning Code. Since the parking requirements of each code are vastly different, the church requested a variance from the parking requirements of the Waukesha County Shoreland Ordinance and is now requesting a deviation from the Town of Genesee Zoning Code. On July 13, 2016 the Waukesha County Board of Adjustment approved a variance from the parking requirements of the Waukesha County Shoreland and Floodland Protection Ordinance to allow uses on the property requiring up to 109 parking spaces. Brandybrook Christian Church has requested a deviation in the Town of Genesee Zoning Code to allow for a reduction in the parking requirements to match with Waukesha County Board of Adjustment s decision. According to Section 21 (A)(7)(a), the Town recognizes that, due to the particulars of any given development, the inflexible application of the parking standards set forth in this Section may result in a development either with inadequate parking space or parking space far in excess of its needs. The former situation may lead to traffic congestion or parking violations on adjacent street as well as unauthorized parking in nearby lots. The latter situation wastes money as well as space that could more desirably be used for valuable development or environmentally useful open space. Therefore, the Town Plan Commission may allow deviations from the requirements of this Section whenever it finds that the deviation will not adversely impact traffic circulation or public safety. In addition Section 21 (A)(10)(c), Permanent Shared Use Reduction, the Town Plan Commission may allow a reduction of the required parking spaces due to shared use of parking facilities when the parking needs of the joint users occur at different hours of the day. Specifically, the Church has requested the Town Plan Commission reduce the number of parking spaces required for the Mill Building (This & That) from twenty (20) spaces required to six (6) spaces required and to reduce the number of parking spaces required for the Old Hardware Store (Body Engineering) building and the two (2) apartments from twenty-two (22) spaces required to nine (9) spaces required. 7

8 The Town Planner has reviewed the proposed request for the deviations in the parking requirements and recommends to the Town of Genesee Plan Commission to approve the deviations in the parking requirements as proposed and for the current uses (This & That, Body Engineering and the Apartments). This will maintain consistency between the Town and County for all uses on the property. The Town Planner suggests that the Town of Genesee amend the Town of Genesee Zoning Code where a parcel of land is partially within the jurisdiction of the Waukesha County Shoreland jurisdiction and the Town of Genesee Zoning Code to clearly define how those parcels will be regulated in the future. Herrmann explained this would be for non-shore land buildings on the property only. Herrmann stated the amount of parking spaces for the property is 109 now. Engelking asked if the Commissioners had any questions and there were none. Ross made a motion to allow the reduction in parking per Section 21(A)(7)(a) and Section 21 (A)(10)(d). Lightfoot seconded the motion, motion carried unanimously. Herrmann said there will likely be a zoning code amendment regarding the parking. Ryan Holtzman asked if the customers could use any of the parking spaces. Herrmann said yes, we aren t designating spots. Engelking said a motion had been made and seconded. Motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation, Salt Shed, Sunset Park, Waukesha, WI- Herrmann said he had received the final plans. He explained there would also be a storage tank as well to catch salt brine and it would be pumped once a year. Turzynski made a motion to approve the Site Plan/Plan of Operation for the Salt Shed at Sunset Park. Christiansen seconded the motion, motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation for personal storage building, S34 W29893 Little John Dr., Waukesha, Pete McCormick- Engelking said this property is in an industrial area. Herrmann explained Mr. McCormick wanted to storage building for personal storage. There was brief discussion. Engelking asked if there were any questions from the Commissioners and there were none. Ross made a motion to approve the Site Plan/Plan of Operation for the personal storage building subject to Herrmann s conditions in his report dated Christiansen seconded the motion, motion carried unanimously. Herrman s report follows: TOWN OF GENESEE PLAN COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION PROJECT NAME: McCormick DATE: July 18, 2016 TAX KEY NO.: GNT PETITIONER/OWNER: McCormick Storage LLC N27 W30097 Maple Avenue 8

9 Pewaukee, WI LOCATION OF PROPERTY: ZONING CLASSIFICATION: PRESENT LAND USE: Lot 3, Certified Survey Map No. 9613, being a part of the NW ¼ of Section 14, T6N, R18E, Town of Genesee, Waukesha County, Wisconsin. More specifically, the property is located S34 W29893 Little John Drive. M-1 Limited Industrial District Vacant PROPOSED REQUEST: The property consists of approximately 1.16 acres of land and is currently vacant. The petitioner is proposing to construct a 54 ft. x 80 ft. personal storage building. The outside of the building will consist of steel siding and steel roof with a four (4) foot high decorative steel wainscot. The exact colors of the building were not submitted with the application. The west elevation will contain four (4) large overhead doors and both the north and south elevations will contain service doors. The east elevation will not contain any doors and there are no windows in the entire building. Two (2) premium 150 watt LED Wall Packs are proposed from the front of the building and two (2) small 10 watt LED Wall packs are proposed over each service door. All of the proposed lighting appears to be acceptable. The building will be used for personal storage of the owner of the property. An interior floor plan shows the entire space as open with no walls or bathroom. The petitioner has indicated that since the building will only be used for personal storage no employees or days/hours of operation are proposed. The petitioner does indicate that the purpose of the building is for unoccupied storage of his personal items (such as boats, trailers, cars and other personal items). He also indicates that he may store a friend s boat, trailer or car as well. Since the use of the property is for personal storage, only one (1) parking space is required. If the building is ever leased or divided into leased areas, the number of parking spaces required will be determined for each individual tenant based on the proposed use of each tenant space. Depending on the type of future uses, the site may or may not contain adequate parking. The petitioner has contacted Waukesha County about the earth altering activities and has received a storm water and erosion control permit. No landscaping, signage or dumpster is being proposed at this time. PLANNER S RECOMMENDATIONS: The Town Planner recommends the Town Plan Commission approve this request subject to the following conditions: 1. The exterior colors of the building shall be submitted to the Town Planner for review and approval. 2. A detailed list of items to be stored in the building shall be submitted to the Town Planner for review and approval prior to the issuance of a use permit. 9

10 3. If any landscaping is proposed beyond grass, a detailed Landscaping Plan showing the size, type and location of plantings shall be submitted to the Town Planner for review and approval prior to the installation of any landscaping materials. 4. All proposed signage shall be reviewed and approved by the Town Plan Commission prior to erecting any signage. 5. No changes to the lighting shall take place without specific approval of the Town Planner. 6. No outside storage shall be allowed unless specifically approved by the Town of Genesee Plan Commission. 7. An up-to-date Plan of Operation must be on file at all times with the Town of Genesee Plan Commission and Waukesha County. 8. Any use other than inside personal storage shall require the petitioner apply for a new Site Plan/Plan of Operation to be reviewed and approved by the Town of Genesee Plan Commission. 9. The Fire Chief shall inspect said premises to ensure that all fire codes are being complied with and that a Knox Box will be installed in conformance with the Town of Genesee Knox Box Ordinance. 10. A copy of the state approved building plans shall be submitted to the Town Building Inspector, prior to the issuance of a Building Permit. The Town Building Inspector shall inspect the premises to insure all applicable building codes have been complied with prior to occupancy of the building. 11. The Town reserves the right to review any condition imposed as part of this Plan of Operation if said use becomes a problem in the area. The Town Plan Commission may modify, change, delete, add, etc. any conditions, which they feel may be reasonable in order to allow this use and insure it does not become detrimental to the surrounding area. 12. The applicant shall allow the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 13. All activities on the subject property herein may not in any way become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 14. Professional fees. Petitioner shall, on demand, reimburse the Town for all costs and expenses of any type that the Town incurs in connection with this Plan of Operation, including the cost of professional services incurred by the Town (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this 10

11 application, as well as to enforce the conditions in this conditional approval due to a violation of these conditions. 15. Payment of Charges. Any unpaid bills owed to the Town by the subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Town; shall be placed upon the tax roll for the subject property if not paid within thirty (30) days of the billing by the Town, pursuant to Section , Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Town, including possible cause for termination of the conditional approval. Respectfully submitted, Jeffrey Herrmann, AICP Administrator-Planner Status reporta. Rosebury Farms- 1 yr. CU review Christiansen made a motion to place the Rosebury Farms 1 yr. CU review on file. Turzynski seconded the motion, motion carried unanimously. Discussion/Action-approval of June 27 th, 2016 Plan Commission Minutes- Christiansen made a motion to approve the June 27 th, 2016 Plan Commission minutes. Turzynski seconded the motion, motion carried unanimously. Review Pending- Herrmann gave a brief update on Pending violations. Correspondence- There was none. Adjourn- Ross made a motion to adjourn, Christiansen seconded the motion. Motion carried unanimously. Meeting adjourned at 6:25 p.m. Respectfully submitted, Deidre Bushéy Deputy Clerk/Designated Representative 11