VILLAGE OF SUSSEX SUSSEX, WISCONSIN. Minutes of the Plan Commission meeting held on February 20, 2018.

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1 VILLAGE OF SUSSEX SUSSEX, WISCONSIN Minutes of the Plan Commission meeting held on February 20, President Goetz called the meeting to order at 6:34 p.m. Members present: Members excused: Others present: Annette Kremer, Deb Anderson, Steve Pellechia, Amanda Schauer, Bob Zarzynski and Greg Goetz Roger Johnson Administrator Jeremy Smith, Attorney John Macy, Village Engineer Judy Ney, Administrative Services Director Casen Griffiths, applicants and members of the public. Consideration and possible action on the minutes on the Plan Commission meeting of January 16, A motion by Pellechia, seconded by Schauer to approve the minutes of the Plan Commission meeting of January 16, 2018 as presented. Motion carried 6-0 Public Hearing- Conditional Use Permit for N64W23640 Main Street President Goetz read the public hearing notice which is to hear a request for a conditional use permit in accordance with Section (A)(12)(a) for Napa Auto Parts for the sales of vehicle parts in the B-4 Central Mixed Use District to be located at N64W23640 Main Street. The Petitioner is J&L Nelessen LLC. President Goetz opened the public hearing. Joe Osterman, N51W24181 Lisbon Road, Pewaukee, NAPA Auto Parts Manager and Rodger Schregardus, W10953 Dead End Road, Waupun, the project manager, presented the plans for the proposed project. The business moved to Sussex in 1971 and would like to move from its current location to the Eggerts Building on Main Street. Current business hours are Monday through Friday 7:00 am to 5:30 pm and 8:00 am to 12:30 pm on Saturdays. There are no plans to change business hours in the short term but the hours may change in the future. The first floor would be occupied with auto parts store. Eventually the second story will be occupied with offices. The front of the building will not be changing, except for replacement of windows. The building will be painted and landscaping is being added to the site, between the sidewalk and the property to the east. A loading dock will be added to the back corner of the building. The parking lot will be large enough to accommodate trucks. Deliveries with large trucks will occur at most once a week. A new sign will be located on the front façade of the building and will be illuminated. Windows on the side and back will be updated. There will be one light on the building with the light terminating at the property line. There will be no light poles in the parking lot. Greg Duncan, W237N6440 Orchard Drive stated that he is concerned with the amount of green space on the property and lighting. Mr. Osterman stated that the green space is to the rear of the building and that there are no plans to build anything in that space. A tree would be added to hide the loading dock. The back entrance is currently serving the second floor and since it is not occupied, there would not be any need for lighting at that door. Mr. Smith stated that the lighting plan shows that there are zero footcandles at the property line, which is required under the Village s Code. When the second floor becomes occupied and a light is needed for the exterior door, the applicant will need to submit a new lighting plan for approval. Lisa Strauss, N64W23615 Ivy Avenue, questioned what the security would be for the back entrance and if something would be done to address the boarded up windows on the building. Mr. Osterman stated that they would be increasing security on the back door, and replace the windows and remove the boards.

2 With no one else wishing to come forward a motion by Pellechia, seconded by Kraemer to close the public hearing. Motion carried 6-0. Comments from Citizens Present No one was present who wished to be heard. Consideration and possible action on Plan of Operation and site plan for William Ryan Homes Sales Office (W240N5765 Maple Avenue) Brian Petersen, 5989 Monona Drive, Monona, representing William Ryan Homes stated that the building will be used as a home sale office for the 80-lot subdivision located next to the building. Once the spec home is constructed in the subdivision the sales office will move to that location. Mr. Smith read the plan staff memo (copy attached) stating that the site is zoned RS-3 PDO and residential home sales is a permitted use in the district. William Ryan Homes will use the former Community Center as a sales office. It will eventually become the Clubhouse for Sussex Preserve. The approval for the use will expire one year from the date of issuance. The applicant can come back with a request for extension as needed. Hours of operation will be Monday through Friday 10:00 am to 5:00pm and Saturday and Sunday from 10:00 am to 3:00 pm. A motion by Kremer, seconded by Anderson to approve the Plan of Operation and site plan for William Ryan Homes Sales Office (W240N5765 Maple Avenue) with a finding that the use and structures meet the principals of (A-H); and subject to the standard conditions of Exhibit A. Motion carried 6-0. Consideration and possible action on a Plan of Operation and site plan for Wisconsin Custom Metal Fabrication, Inc. (N53W24950 Corporate Circle). Alfred Bayer, N93W25287 Bittersweet Drive, Lisbon, stated that they plan to open a metal fabrication business. Standard hours of operation are 8:00 am to 4:30 pm with longer hours as needed depending upon the number of orders. The metal fabrication is high-end commercial customization work. Mr. Smith read the plan staff memo (copy attached) stating that the site is zoned BP-1, and the proposed business is a permitted use in the Business Park District. They will operate in a 5,400 sq. ft. tenant space in the 21,300 sq. ft. multitenant building. The site has sufficient parking and outdoor storage of materials is prohibited. Any signage will need to be reviewed by the Building Inspector. A motion by Pellechia, seconded by Kraemer to approve the Plan of Operation and site plan for Wisconsin Custom Metal Fabrication, Inc. (N53W24950 Corporate Circle); with a finding that the use and structures meet the principals of (A-H); subject to the standard conditions of Exhibit A. Motion carried 6-0. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, architectural plans, sign plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). Mr. Smith noted that the petitioner had presented their plans during the public hearing and read the plan staff memo (copy attached), stating that the property is zoned B-4 Central Mixed Used District. Napa will be purchasing the building on Main Street formerly owned by Eggerts Department Store. They intend to use the first floor for retail and parts storage and the second floor will be office space. The Architectural Review Board met on February 7 and recommended approval of the the site, architecture, landscape, lighting and signage plan subject to the Village Engineer approval. The approval was conditioned on the addition of a sidewalk connection from the existing sidewalk along Main Street to the front entrance of the building for pedestrian traffic. The color of paint to be used on the building and the overhead/dock door shall be submitted for approval to the ADD and if not deemed acceptable the petitioner would need to submit to the ARB for approval. Mr. Goetz noted that the petitioner would need to come back for changes to security and lighting in the back of the building. Mr. Pellechia noted that the boarded up windows in the back of the building would need to be addressed. Mr. Osterman stated that they would be removing the boards from the building. Ms. Kraemer asked what size the plantings on the east side of the property would be. Mr. Osterman stated that they would be 6-inch diameter evergreens. Mr. Pellechia asked if there would be any outdoor storage for trash. Mr. Smith noted that there is no dumpsters for the property, but if the petitioner would like dumpsters they would need to receive approval. Ms. Kraemer asked about signage. Mr. Osterman stated that they would be removing the monument sign.

3 A motion by Pellechia seconded by Kraemer to approve the Conditional Use, Plan of Operation, site plan, architecture plans, sign plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street); a finding the use and structures meet the principals of (A-H); subject to the conditions by the ARB, review by the Village Engineer and the standard conditions of Exhibit A. Motion carried 6-0. Conceptual review of a Conditional Use, Plan of Operation, site plan and screening plan for Rotating Equipment Repair (W248N5550 Executive Drive). Kurt Weiss, W298N7020 Ridgeview, Hartland, stated that a 30,000-gallon tank would be added to the exterior of the building for the test loop. Eventually it will be moved inside the building. The tank will be painted to match the building. Mr. Smith read the Plan Staff Memo (copy attached); the outdoor use of the tank is a conditional use in the BP-1 district. The tank needs to be screened from view; it currently has a hill and tree line, which screen it from the road. Per code, a separation of 600 feet from an institutionally zoned property is required. The tank is located 450 feet from the Village s well house and the Plan Commission will need to determine if that requirement should be waived. The Plan Commission s consensus was to direct staff to schedule the public hearing for review of the conditional use. Conceptual review of a Conditional Use, Plan of Operation, site plan, architectural and light plan for Amazon.com.dedc, LLC (N53W24700 S. Corporate Circle). Anton Johnssen, 5432 N. Bayridge Whitefish Bay, stated there will be an expansion of the parking lot from what is currently there. The building will be split down the middle. Amazon will be taking half of the building. The operation will be twenty-four hours a day, seven days a week. Mark Durbin, representing Amazon, stated that they are evaluating the total number of employees that will be at this location. There are full and part time jobs as well as third party vendor positions that will be hired to deliver packages. The number of trucks and deliveries are still be evaluated. Mr. Smith read the Plan Staff memo (copy attached), stating that the site is zoned BP-1, warehousing and distribution exceeding 50,000 square feet is a conditional use in this district. The company will lease 114,425 square feet of space in the 192,000 square foot building. The operations will be sorting packages and dispatch. The site has 221 parking stalls and the petitioner is requesting to add 336 more for a total of 557. Because the petitioner is leasing a portion of the building there may not be sufficient parking for the user to lease the remaining portion of the building. There will be an addition of an overhead door and removal of a window, which will be replaced with an entrance door. The consensus of the Plan Commission was to schedule the matter for a public hearing on March 20. Consideration and possible action on a CSM to combine two lots Tax key SUXV , (Eggerts N64W23640 Main Street) and SUXV (Ashler Lodge N64W23624 Main Street). Mr. Smith read the Plan Staff memo (copy attached) stating that the CSM would combine the Eggert s building property and the Ashler Lodge property to allow Napa Auto to relocate. A motion by Kraemer, seconded by Goetz to recommend approval of the Certified Survey Map to the Village Board to combine parcels SUXV (Eggerts, N64W23640 Main Street) and SUXV (Ashler Lodge, N64W23624 Main Street) subject to the standard conditions of Exhibit A, review by the Village Engineer and the standard conditions of CSM approval. Motion carried 6-0. Consideration and possible action on a CSM to combine three lots, Tax key SUXV (Citgo Gas, N63W23661 Silver Spring Drive), SUXV (SOS, N63W23669 Silver Spring Drive), SUXV (Silvers, N63W23695 Silver Spring Drive). Mr. Smith read the Plan Staff memo (copy attached) stating that the action will combine the lots owned by Arthur Sawall to create a parcel for redevelopment. A motion by Zarzynski, seconded by Pellechia to recommend approval of the Certified Survey Map to the Village Board to combine parcels SUXV (Citgo Gas, N63W23661 Silver Spring Drive), SUXV (SOS, N63W23669 Silver Spring Drive), SUXV (Silver, N63W23695 Silver Spring Drive) subject to the standard conditions of Exhibit A, review by the Village Engineer and the standard conditions of CSM approval. Motion carried 6-0.

4 Zoning and Planning Items None Other items for Future Discussion None Adjournment A motion by Kraemer, seconded by Anderson to adjourn the meeting at 7:15 pm. Motion carried 6-0. Respectfully Submitted, Casen J. Griffiths Administrative Services Director.

5 Indu N64W23760 Main Street Sussex, Wisconsin Phone (262) FAX (262) Website: MEMORANDUM TO: Plan Commission FROM: Kasey Fluet, Assistant Development Director RE: Plan Commission meeting of February 20, 2018 DATE: February 13, All Code Sections in this memo refer to the Sussex Municipal Code Chapter 17 version dated March 25, 2014 with subsequent amendments thereto. 01. Roll call. 02. Consideration and possible action on the minutes of the Plan Commission meeting of January 16, Public Hearing on the following items: A. A conditional use permit in accordance with Section (A)(12)(a) for Napa Auto Parts for the sales of vehicle parts in the B-4 Central Mixed Use District to be located at N64W23640 Main Street. The Petitioner is J & L Nelessen LLC. 04. Comments from citizens present. 05. Consideration and possible action on Permitted Uses and Site Plans: A. Consideration and possible action on a Plan of Operation and site plan for William Ryan Home Sales Office (W240N5765 Maple Avenue). This site is zoned RS-3 PDO. The residential home sales office is a permitted use in the residential district in accordance with Section C. William Ryan Homes will use the former Community Center which will become the Clubhouse for Sussex Preserve as a sales office for potential new home owners. William Ryan Homes stated the occupancy should be until June This approval for this use will expire one year from the date of issuance. They can come back to request and extension if needed. The site has sufficient parking with 64 stalls, hours of operation will be Monday through Friday 10:00 a.m. to 5:00 p.m., Saturday and Sunday 10:00 a.m. to 3:00 p.m. Any signage for this site will need to be reviewed by the Building Inspector. 1. Are there any concerns with the Plan of Operation? 1. Act on the plan of operation and site plan. Plan Staff Memo for Plan Commission February 20,

6 Staff Recommendation: Staff recommends the Plan Commission approve the Plan of Operation and site plan for William Ryan Home Sales Office (W240N5765 Maple Avenue); a finding that the use and structures meet the principals of (A-H); subject the standard conditions of Exhibit A. B. Consideration and possible action on a Plan of Operation and site plan for Wisconsin Custom Metal Fabrication, Inc. (N53W24950 S. Corporate Circle). This site is zoned BP-1. The metal fabrication business is a permitted use in the BP-1 Business Park District in accordance with section (A)(5)(d). Wisconsin Custom Metal Fabrication will produce custom metal products for their clients and will not be a retail business. They will operation in a 5,400 square foot tenant space in the 21,300 square for multitenant building. Hours of operation will be Monday through Sunday 6:00 a.m. to 6:00 p.m. This site has 115 parking stalls. 55 of those stalls are allocated to other users; however, this user only requires 5 spaces. No outside storage is permitted at this site. Any signage for this site will need to be reviewed by the Building Inspector. 1. Are there any concerns with the Plan of Operation? 1. Act on the plan of operation and site plan. Staff Recommendation: Staff recommends the Plan Commission approve the Plan of Operation and site plan for Wisconsin Custom Metal Fabrication, Inc. (N53W24950 S. Corporate Circle); a finding that the use and structures meet the principals of (A-H); subject the standard conditions of Exhibit A. 06. Consideration and possible action on Conditional Uses and Plans: A. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, architecture plans, sign plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). This site is zoned B-4. The sales of vehicle parts is a conditional use in the B-4 Central Mixed Use District in accordance with Section (A)(12)(a). Napa Auto Parts will purchase the building on Main Street formerly owned by Eggerts Department Store to relocate the existing retail store. They intend to use the first floor 5,000 square feet for the retail and parts storage and the second floor 5,000 square feet will be used for office space. Hours of operation will be Monday through Sunday 6:00 a.m. to 9:00 p.m. The plans for this project have been reviewed by the ARB on February 7, 2018 and the following motion was made: A motion by Schauer, seconded by Werra to recommend to the Plan Commission to approve the site, architecture, landscape, lighting and signage plan for Napa Auto Parts N64W23640 Main Street, subject to the Village Engineer and the following conditions: A sidewalk connection from the existing sidewalk along Main Street, to the front entrance of the building should be added for pedestrian traffic. The color of paint to be used on the building and the overhead/dock door shall be submitted for approval to the ADD and if not deemed acceptable the petitioner would need to submit to the ARB for approval. Motion carried. Plan Staff Memo for Plan Commission February 20,

7 Prior to this meeting was the Public Hearing for this item and it would be appropriate for the Plan Commission to address any relevant concerns of the Plan Commission from said public hearing during this point in the agenda. Staff has prepared a Conditional Use document for consideration at this meeting. 1. Are there any concerns with the Conditional Use or Plan of Operation? 2. Are there any concerns from the public hearing you want added in the CU document? 1. Act on the CU, Plan of Operation and various plans, OR 2. Provide additional comments for inclusion in the CU and direct staff to bring this item back for the March Plan Commission meeting. Staff Recommendation: Staff recommends approval of the Conditional Use, Plan of Operation, site plan, architecture plans, sign plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street); a finding the use and structures meet the principals of (A-H); subject to the conditions by the ARB, review by the Village Engineer and the standard conditions of Exhibit A. B. Conceptual review of a Conditional Use, Plan of Operation, site plan, and screening plan for Rotating Equipment Repair (W248N5550 Executive Drive). This site is zoned BP-1. The machining and repair of pumps is permitted in the district in accordance with Section (A)(5)(d)(3) but the outdoor use of a tank is a conditional use in accordance with Section (A)(15)(e) in the BP-1 Business Park District. The 68 x 16 tank will be located at the north end of the building and will be used to expand their capabilities to test pumps. In order to approve the requested outdoor use, they must meet the following the standards: Must be screened from view, the tank will be painted to match the color of the building and the site to the north is a heavily wooded area. 600 foot separation from residential, park and institutional. Since the tank will be located about 450 feet from the well house zoned institutional, the Plan Commission should determine if it should waive the requirement. 1. Are there any concerns with waiving the requirement for a 600 foot separation from an institutional district? 2. Are there any concerns with the Plan of Operation? 3. Are there any concerns with scheduling the public hearing for a Conditional Use? 4. Are there any concerns with the plans? If yes, should the plans be sent to the ARB for review? 1. Direct staff to schedule the public hearing. 2. If plans are to be reviewed by the ARB, give direction. Plan Staff Memo for Plan Commission February 20,

8 Staff Recommendation: Staff recommends scheduling the public hearing for the March Plan Commission meeting. C. Conceptual review on a Conditional Use, Plan of Operation, site plan architecture plan and light plan, for Amazon.com.dedc, LLC (N53W24700 S. Corporate Circle). This site is zoned BP-1. Warehousing and distribution exceeding 50,000 square feet is considered a conditional use in accordance with Section (A)(13)(e) in the BP-1 Business Park District. The company will lease 114,425 square feet of space in the 192,000 square foot building. The operations will include sorting packages for dispatch, 24 hours per day, 7 days a week. The site has 221 parking stalls and the petitioner is requesting to add 336 more for a total of 557 to accommodate 227 employees for the largest shift. Because the petitioner will only lease a portion of the building there might not be sufficient parking for the user to lease the remaining 77,575 square feet. Site Plan Site improvements will include the addition of 10,600 square foot parking lot at the northwest end of the building. The parking lot will need to meet the setback requirements and curb is to added to the perimeter of the parking lot. Architecture Plan Addition of an overhead door and to remove a window to be replaced with an entrance door, both on the west side of the building, which faces Tools Inc. Lighting Plan Light poles shall be no higher than 30 feet (20 feet high preferred) and the bases shall be buried. Where bases must be exposed they shall be painted to blend in with the surrounding or have a decorative base. 1. Are there any concerns with the Plan of Operation? 2. Are there any concerns with scheduling the public hearing for a Conditional Use? 3. Are there any concerns with the plans? If yes, should the plans be sent to the ARB for review? 1. Direct staff to schedule the public hearing. 2. If plans are to be reviewed by the ARB, give direction. Staff Recommendation: Staff recommends scheduling the public hearing for the March Plan Commission meeting. 07. Consideration and possible action on CSM s and Plats: A. Consideration and possible action on a CSM to combine two lots Tax key SUXV , (Eggerts N64W23640 Main Street) and SUXV (Ashler Lodge N64W23624 Main Street). In order for Napa Auto to relocate to the Eggert building and add a parking lot, the two abutting lots will need to be combined. Plan Staff Memo for Plan Commission February 20,

9 1. Are there any concerns with the CSM? 1. Act on the CSM. Staff Recommendation: Staff recommends approval of the Certified Survey Map to Village Board to combine parcels SUXV (Eggerts N64W23640 Main Street) and SUXV (Ashler Lodge N64W23624Main Street) subject to the standard conditions of Exhibit A, review by the Village Engineer, and the standard conditions of CSM approval. B. Consideration and possible action on a CSM to combine three lots Tax key SUXV (Citgo Gas, N63W23661 Silver Spring Drive), SUXV (SOS, N63W23669 Silver Spring Drive) SUXV (Silvers, N63W23695 Silver Spring Drive). This action will combine lots owned by Arthur Sawall and create a parcel for redevelopment. It is requested after the vacation of right of way on Silver Spring. 1. Are there any concerns with the CSM? 1. Act on the CSM. Staff Recommendation: Staff recommends approval of the Certified Survey Map to Village board to combine parcels SUXV (Citgo Gas, N63W23661 Silver Spring Drive), SUXV (SOS, N63W23669 Silver Spring Drive) SUXV (Silvers, N63W23695 Silver Spring Drive) subject to the standard conditions of Exhibit A, review by the Village Engineer, and the standard conditions of CSM approval. 08. Consideration and possible action on Zoning and Planning Items: 09. Other Items for future discussion. 10. Adjournment. Plan Staff Memo for Plan Commission February 20,

10 Exhibit A Village of Sussex Plan Commission Standard Conditions of Approval Plan of Operation and Site Plan The Plan Commission for the Village of Sussex authorizes the Building Inspector to issue a building permit to the Petitioner and approves the general layout, architectural plans, ingress and egress, parking, loading and unloading, landscaping, open space utilization, site plan and plan of operation subject to the following conditions: 1. Presentation compliance. Subject to Petitioner operating the premises at all times in substantial conformity with the presentation made to the Village Plan Commission, as modified or further restricted by the comments or concerns of the Village Plan Commission. 2. Inspection compliance. Subject to the Petitioner submitting to and receiving the approval from the Village Administrator, written proof that the Village Building Inspector and Fire Chief have inspected the subject property and have found that the subject property is in substantial compliance with applicable federal, State, and local laws, statutes, codes, ordinances, policies, guidelines and best management practices, prior to this approval being effective. 3. Regulatory compliance. Subject to the Petitioner and Owner fully complying with all Village, County of Waukesha, State of Wisconsin and federal government codes, ordinances, statutes, rules, regulations and orders regarding the premises, including but not limited to compliance with Section of the Village of Sussex Zoning Code entitled Site Plan Review and Architectural Control, as determined by Village Staff. 4. Satisfaction of Engineer. Subject to the Developer satisfying all comments, conditions, and concerns of the Village Engineer regarding the Petitioner s application prior to this approval being effective. 5. Required plans. Subject to the Developer submitting to and receiving written approval from the Village Administrator of all of the following plans as deemed necessary by the Village Administrator: A. Landscaping plan B. Parking plan C. Lighting plan D. Signage plan E. Traffic plan F. Grading plan Amendment approved at the Plan Commission meeting on July 17, 2014

11 G. Tree preservation plan H. Open space plan I. Water plan J. Surface and stormwater management plan K. Sewer plan L. Erosion control plan M. N. O. P. 6. Screening of All Dumpsters. Subject to the Petitioner and Owner screening all dumpsters as required by the ordinance to the satisfaction of the Village Administrator. 7. Payment and reimbursement of fees and expenses. Subject to the Petitioner and Owner paying all costs, assessments and charges due and owing to the Village of Sussex either by the Petitioner or imposed on the subject property, including, but not limited to, real estate taxes, personal property taxes, utility bills, special assessments, permit fees, license fees and professional fees which shall include all costs and expenses of any type that the Village incurs in connection with Petitioner s application, including the cost of professional services incurred by the Village (including engineering, legal and other consulting fees) for the review of and preparation of the conditions of approval, attendance at meetings or other related professional services for this application, as well as for any actions the Village is required to take to enforce any of the conditions of this approval due to a violation of these conditions by the Petitioner or the Owner, as authorized by law. 8. Condition if the Property is in the B-4 Central Business District. If the property is in the B-4 Central Business District, the Petitioner shall comply with the standards and conditions found within the Village of Sussex Downtown Design and Development Plan and other plans as may be approved from time to time by the Community Development Authority in its role as a Redevelopment Authority to guide development within the Village s Downtown. 9. Subject to acceptance. The Owner by requesting a permit either directly or through an agent, and accepting the same is acknowledging that they have received a copy of this conditional approval, that they understand and accept the same, and that upon failure to satisfy these conditions this approval is void, and the same is deemed to not have been approved, and the Petitioner will therefore need to re-commence the application process. 10. Any official named in this document can appoint a designee to perform his or her duties. Amendment approved at the Plan Commission meeting on July 17, 2014

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