TOWN OF GENESEE PLAN COMMISSION MINUTES. September 26 th, 2016

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1 TOWN OF GENESEE PLAN COMMISSION MINUTES September 26 th, 2016 Present: Leair, Engelking, Lightfoot, Wiebelhaus, Turzynski, Christiansen and Supervisor Ross Also Present: Herrmann, and Bushéy Leair called the meeting to order at 6:00 p.m. Discussion/Action- Amend Site Plan/Plan of Operation, This & That S42 W31254 Hwy 83, Genesee Depot, Susan Hunt- Herrmann explained Ms. Hunt would like to move a wall to meet State code for a classroom, and she would also like to hold a Sidewalk sale once a month. Ms. Hunt said she would like to hold sidewalk sales 1 time a month from May- October with the time being from 10 a.m. to 4 p.m. There was brief discussion on the wall. Engelking made a motion to approve the amendment to the Site Plan/Plan of Operation for This & That subject to the Planners recommendations, Ross seconded the motion. Motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation, Vittles & Vine, S42 W31428 Hwy 83, Genesee Depot, Steve Smith- Herrmann s report follows: TOWN OF GENESEE PLANNING COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION PROJECT NAME: Vittles & Vine DATE: September 19, 2016 TAX KEY NUMBER: GNT PETITIONER: OWNER: Kristina Ann Verzi & Steve Smith d/b/a Vittles & Vine P.O. Box 375 Genesee Depot, WI Cathy Witkowski d/b/a Catherine s Kids, LLC W302 N1643 Crooked Creek Court Pewaukee, WI LOCATION OF PROPERTY: A part of the NE 1/4 of Section 21, T6N, R18E, Town of Genesee, located at S42 W31428 S.T.H. 83. PRESENT ZONING: B-2 Local Business District. 1

2 PRESENT LAND USE: Vacant Commercial. PLANNER S ANALYSIS: On January 27, 2014, The Town of Genesee Plan Commission approved the request for Vina Mundi, a wine bar and retail food establishment. That business is no longer operating from the property. The petitioners are proposing to occupy the entire first floor with a dining room, bar, group dining room, market area, and patio. The petitioners have been involved in the bar/restaurant business in the past and are proposing to open a unique gathering spot for breakfast, lunch and dinner. The foods served will be fresh, creative and will utilize organic, local ingredients. The bar will include unique wines, craft beers, and classic cocktails. They are also proposing to have special activities with wine tastings and mini festivals. The activities are scheduled to begin in fall/winter of The activities will be one (1) day/weekend per month with weather permitting. They indicate that they may want to expand the number of activities to twice a month. They indicate they will seek approval of their special activities prior to the activity and provide specific details. The petitioner is proposing to have the first floor, gazebo/deck and patio area licensed for the sale and consumption of alcoholic beverages. The petitioner will need to obtain a liquor license from the Town of Genesee Town Board. A retail restaurant license will also be required from Waukesha County Department of Parks and Land Use, Environmental Health Division for this operation. The interior floor plan will be slightly adjusted. The petitioners would like to move the door opening from the west wall of the kitchen to the south wall, it will now exit into the market area, center of the restaurant and allow equal distant access to main dining and bar area. No other interior first floor changes are proposed. The second floor will be used as the residence for the petitioners and a new full bathroom will be added. No other changes are proposed to the upper level. The operation will employ ten (10) full-time employees and ten (10) part-time employees. The business will be open seven (7) days a week from 6:00 a.m. to 2:00 a.m.; however it is likely the main hours will be Sunday through Thursday from 6:00 a.m. to 10:00 p.m. and Friday and Saturday from 6:00 a.m. to 12:00 a.m. (midnight). The entire site currently accommodates 18 marked parking stalls. Based on the proposed uses on the property, the Town of Genesee Zoning Code requires 18 parking stalls. It appears the petitioner is proposing to use the existing sign and just change the face of the sign. The exact sign rendering will need to be submitted prior to changing the sign face. The property is served by an on-site waste disposal system and private well. In addition the property has a private refuse collection. The Environmental Health Division must certify that the existing on-site waste disposal system is adequate for the proposed use. No changes are being proposed to the landscaping or signage. PLANNER S RECOMMENDATION: Based upon the above information, the Town Planner recommends the Town Plan Commission approve this request subject to the following additional conditions: 1. Subject to documentation being submitted to the Town Planner that Waukesha County 2

3 Environmental Health Division has approved the on-site waste disposal system for the proposed uses on the property, prior to the issuance of any permits. 2. A restaurant license and prerequisite inspection shall be completed and documentation of said inspection and compliance shall be submitted to the Town Planner prior to issuance of an occupancy permit. 3. Documentation shall be submitted to the Town Planner that the Town of Genesee Town Board has issued a Liquor License for the exact premise of the proposed operation, prior to the sale of any alcoholic beverages. All conditions imposed on the Liquor License by the Town Board shall be complied with and adhered to. 4. Subject to all special activities which are defined as any activity in which space outside the restaurant (excluding the deck/patio) is utilized for patrons and that is not normally used for patron use during normal business hours. A detailed description of the activity, including but not limited to, type of activity, location of parking, sanitary facilities, number of persons, length of time, etc. shall be submitted to the Town Planner for review and approval. In addition, the Sheriff s Department and local Fire Chief shall be notified of the activity and the number of patrons. The Town Planner shall approve a Special Activity at least fifteen (15) days prior to said activity taking place. 5. If alcohol is permitted on the deck/gazebo and/or patio area, no alcohol shall be taken off the deck/gazebo area. Absolutely no alcoholic beverages shall be allowed on the grass or in the parking area, except as may be authorized by the Town Board for a special activity. 6. Absolutely no live or amplified music shall be allowed outside except during the special (Town Planner approved) activities. 7. The Wales/Genesee Fire Chief shall inspect the premises to insure all applicable fire codes are complied with prior to the issuance of an Occupancy Permit. 8. The Town Building Inspector shall inspect the premises to insure all applicable building codes have been complied with prior to the issuance of an Occupancy Permit. 9. No outside storage shall be allowed, unless specifically approved by the Town Plan Commission. 10. Subject to the property being in compliance with all Federal, State, County and local laws, ordinances, codes, rules and regulations. 11. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee Plan Commission and Waukesha County. 12. Subject to the applicant allowing the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 3

4 13. Subject to 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. 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. 15. 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. 16. 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 Administrator-Planner Ms. Verzi explained that she and Mr. Smith would like to open a restaurant that would serve breakfast, lunch and dinner. They will be using organic foods, fresh ideas and would like to have some special events. Leair asked if the upstairs would be turned into a residence. Mr. Smith said yes they would like to turn it into a residence at some point. Mr. Smith said they had spoken to the building inspector and a fire exit for the upstairs. Leair asked if they had received the planners report and if they had any questions regarding the report. Ms. Verzi asked about item #5. Herrmann explained the no alcohol could be taken on the grass unless approved by the Town Board for special events. Leair asked about extended hours. Ms. Verzi explained they may want to have extended hours at a later date occasionally. There was brief discussion. Leair asked if there were any other questions and there were none. Engelking made a motion to approve the Site Plan/Plan of Operation for Vittles and Vine subject to the Planner s recommendations in his report dated Ross seconded the motion, motion carried unanimously. 4

5 Discussion/Action- Signage, Carroll University, W307 S4706 Hwy 83- Herrmann explained that Carroll University changed the size of their sign to 8 ft. There was brief discussion. Lightfoot made a motion to approve the additional height for the sign. Engelking seconded the motion, motion carried unanimously. Discussion/Action- Request for Waiver from Section (A) Limited access highways and railroad right-of-way treatment of the Town of Genesee Land Division Ordinance- Gary Reichert (Genesee Crossing)- Leair said the waiver from Section (A) was approved at the Town Board meeting in September. Herrmann said the ordinance requires a planting strip but there is already a building there and it just isn t feasible. There was brief discussion. Engelking made a motion to approve the request for a waiver from Section (A) on the property Genesee Crossing owned by Gary Reichert. Christiansen seconded the motion, motion carried unanimously. Discussion/Action- Site Plan/Plan of Operation, Another Great Escape Massage & Spa, S42 W31370 Hwy 83, Genesee Depot, Lori Brasch- Herrmann said the Site Plan/Plan of Operation would be the same just in a different location. Herrmann s report follows: TOWN OF GENESEE PLANNING COMMISSION PLANNER S REPORT & RECOMMENDATION SITE PLAN/PLAN OF OPERATION PROJECT NAME: Your Great Escape Massage DATE: September 19, 2016 TAX KEY NUMBER: GNT PETITIONER: OWNER: Lori Brasch d/b/a Your Great Escape Massage W334 S5440 Red Fox Way North Prairie, WI Gary Reichert P.O. Box 321 Genesee Depot, WI LOCATION OF PROPERTY: Lot 1 of CSM 9789, being a part of the NE 1/4 of Section 21, T6N, R18E, Town of Genesee, located at S42 W31370 Hwy 83. PRESENT ZONING: B-2 Local Business District. PRESENT LAND USE: 5

6 Multi-Tenant Building including a Beauty Salon and Bakery. PLANNER S ANALYSIS: The property contains a multi-tenant building with different uses including a beauty salon and bakery. The petitioner would like to utilize about 1,500 square feet of the existing tenant space formerly occupied by Interstate Heating to operate a massage business. The petitioner started Your Great Escape Massage about 2.5 years ago, which is a beauty salon offering nail and massage services as well as retail sales of cosmetic products. The petitioner is proposing to relocate her massage business to this space. The interior of the salon will consist of four (4) massage areas, a kitchen, storage area and a waiting area. The operation will employ no full-time employees and five (5) part-time employees. The days and hours of operation will be seven (7) days a week from 7:00 a.m. to 9:00 p.m. The proposed use requires seven (7) parking spaces per 1,000 square feet of primary floor area. Based on the size of the building (approximately 936 square feet of primary floor area), seven (7) parking spaces are required. Limited parking is available in the rear of the building and there is parking along S.T.H. 83 and the public parking area next to the Town Hall. An externally lighted sign advertising the name of the business will be located on the front of the building with another possible sign on the front window. No changes to the outside (exterior of the premises) are being proposed at this time. The property is served by a private on-site waste disposal system and 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. All conditions previously imposed for the multi-tenant building shall remain in effect and adhered to, unless specifically amended herein. 2. Subject to a final detailed colored sign rendering, sign size and sign location being submitted to the Town Planner for review and approval, prior to the issuance of any permits for said sign. 3. No outside storage shall be allowed, unless specifically approved by the Town of Genesee Plan Commission. 4. Documentation shall be submitted to the Town Planner, that the Environmental Health Division has reviewed the proposed request and indicate whether the septic system is adequate for the proposed uses, prior to the issuance of a Use permit. 5. The Fire Chief shall inspect said premises to ensure that all fire codes are being complied with. All compliance violations shall be corrected to the Fire Chief s satisfaction, prior to the issuance of a Plan of Operation/Use Permit. 6

7 6. The Town of Genesee Building Inspector shall inspect the entire building to determine compliance with all applicable building codes. All compliance violations shall be corrected to the Building Inspector s satisfaction, prior to the issuance of a Plan of Operation/Use Permit. 7. Subject to the property being in compliance with all Federal, State, County and local laws, ordinances, codes, rules and regulations. 8. An up to date Plan of Operation must be on file, at all times, with the Town of Genesee Plan Commission and Waukesha County. 9. Subject to the applicant allowing the premises to be available for inspection by the Town of Genesee officials at any reasonable time and upon reasonable notice. 10. Subject to all activities on the subject property herein may not in anyway become a nuisance by reason of appearance, noise, dust, smoke, illumination, odor or any other similar factor. 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. 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. 13. 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 Administrator-Planner Leair asked Ms. Brasch when she would like to open, and she said as soon as possible. Ms. Brasch said Gary Reichert is working with her to put up some walls but the business would be 7

8 the same as before with sub-contracting employees. There was brief discussion. Engelking made a motion to approve the Site Plan/Plan of Operation as presented and subject to Herrmann a conditions. In his report dated Ross seconded the motion, motion carried unanimously. Discussion/Action-approval of August 22 nd, 2016 Plan Commission Minutes- Christiansen made a motion to approve the July 25 th, 2016 Plan Commission minutes with a correction to Genesee Pet Suites 1 yr. review, replace the words Rosebury Farms with Genesee Pet Suites. Engelking seconded the motion, motion carried unanimously. Discussion/Action- change date of November Plan Commission meeting- Christiansen made a motion to change November Plan Commission meeting date to Tuesday November 29 th, Ross seconded the motion, motion carried unanimously. Review Pending- Herrmann gave a brief update on Pending violations. Correspondence- There was none. Adjourn- Engelking made a motion to adjourn, Ross seconded the motion. Motion carried unanimously. Meeting adjourned at 6:30 p.m. Respectfully submitted, Deidre Bushéy Deputy Clerk/Designated Representative 8