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VILLAGE OF SUSSEX SUSSEX, WISCONSIN Minutes of the Plan Commission meeting held on March 20, 2018. President Goetz called the meeting to order at 6:30 p.m. Members present: Members excused: Others present: Annette Kremer, Deb Anderson, Steve Pellechia, Amanda Schauer, Bob Zarzynski, Roger Johnson and Greg Goetz None Administrator Jeremy Smith, Attorney John Macy, Development Director Kasey Fluet, Village Engineer Judy Ney, Deputy Clerk Linda Steinmetz, applicants and members of the public. Consideration and possible action on the minutes on the Plan Commission meeting of February 20, 2018. A motion by Pellechia, seconded by Schauer to approve the minutes of the Plan Commission meeting of February 20, 2018 as presented. Motion carried 7-0 Public Hearing- Conditional Use Permit for W248N5550 Executive Drive President Goetz read the public hearing notice which is to hear a request for a conditional use permit in accordance with Section 17.0506 (A)(15)(e) for Rotating Equipment Repair for outdoor use of a tank in the BP-1 Business Park District to be located at W248N5550 Executive Drive. The Petitioner and owner is Rotating Equipment Repair. Kurt Weis spoke on behalf of Rotating Equipment Repair, W248N5550 Executive Drive. The business is expanding their capabilities to include testing of high-pressure centrifugal pumps which requires the addition of a 68 x 16 tank for storage of water. The tank will be located on Northeast corner of building and painted to match the color of the building. As there were no citizens present who wished to comment on the first public hearing a motion was made by Pellechia, seconded by Zarzynski to close the first public hearing. Motion carried 7-0. Public Hearing Conditional Use Permit for N53W24700 S. Corporate Circle President Goetz read the public hearing notice which is to hear a request for a conditional use permit in accordance with Section 17.0506 (A)(13)(e) for Amazon.com.dedc, LLC for warehousing and distribution exceeding 50,000 square feet in the BP-1 Business Park District to be located at N53W24700 S. Corporate Circle. The petitioner is Amazon.com.dedc, LLC and the property owner is GPT Sussex Owner LLC. Marc DeBourbon spoke on behalf of Amazon.com.dedc, LLC, N53W24700 S. Corporate Circle. The site is to be a delivery center for Amazon. The site will receive packages via semi-truck from the Kenosha Fullfillment Center to be sorted and placed on mobile carts before being placed in delivery vans. Operations will occur 24 hours a day, seven days a week. Sorting will occur in the building overnight and the packages dispatched during the morning hours with the last wave to leave the building around 10:00 am. Drivers are staggered to pick up packages every 30 minutes. The company will be adding approximately 300 additional parking stalls for their employees. Commissioner Johnson inquired as to where the main flow of traffic leaving the building was expected to go. Mr. DeBourbon stated that the van s exit is dependent on the delivery destination. Comments from Citizens: Monica Erb, N52W24160 Lisbon Road stated that she is concerned about the increase in traffic and noise.

Mr. DeBourbon explained that their operations are quiet and there is no outdoor loading as all operations take place under roof. There are just a few semis in the evening and the delivery vans are not large approximately 17 feet or smaller. Commissioner Pellechia verified that this was a 24/7 operation. With no one else wishing to come forward a motion by was made Pellechia, seconded by Kremer to close the second public hearing. Motion carried 7-0. Comments from Citizens Present No one was present who wished to be heard. Consideration and possible action of a Plan of Operation and site plan for Quality Rack & Equipment Inc. (N53W24880 S. Corporate Circle Ste. 5). Robert Mangan spoke on behalf of Quality Rack & Equipment Inc, N53W24880 S. Corporate Circle Ste. 5. The business buys and sells new and used warehouse and handling equipment. They will be expanding their operations into Suite 5. The new space will be used for general offices space and storage of new and used warehouse and material handling equipment. Mrs. Fluet reviewed the Plan Staff Memo (copy attached). This site is zoned BP-1. The warehousing of products under 50,000 square feet is a permitted use in the BP-1 Business Park District in accordance with Section 17.0420 (A)(8)(b). Quality Rack & Equipment offers installation of equipment such as pallet racking, mezzanines, cranes, shelving for in plant offices and regular office space. They will occupy approximately 3,000 square foot tenant space in the 18,000 square foot multi-tenant building using half the suite for general office and the other have for warehouse material and equipment. A motion by Goetz, seconded by Kremer to approve the Plan of Operation and site plan for Quality Rack & Equipment Inc. (N53W24880 S. Corporate Circle Ste. 5); a finding that the use and structures meet the principals of 17.1002(A-H); subject the standard conditions of Exhibit A. Motion carried 7-0. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, and screening plan for Rotating Equipment Repair (W248N5550 Executive Drive). Petitioner had no additional information for Commissioners. Mrs. Fluet reviewed the Plan Staff Memo (copy attached). This site is zoned BP-1. The machining and repair of pumps is permitted in the district in accordance with Section 17.0420 (A)(5)(d)(3) but the outdoor use of a tank is a conditional use in accordance with Section 17.0506 (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. A motion by Pellechia, seconded by Johnson to approve the Conditional Use, Plan of Operation, site plan and screening plan; and to grant the waiver to allow the outside tank to be less than 600 feet from an institutional district for Rotating Equipment Repair (W248N5550 Executive Drive); a finding the use and structures meet the principals of 17.1002(A-H); subject to the conditions of Exhibit A. Motion carried 7-0. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, architecture plan and light plan for Amazon.com.dedc, LLC (N53W24700 S. Corporate Circle). Marc DeBourbon and Michael Golias spoke on behalf of Amazon.com.dedc, LLC, N53W24700 S. Corporate Circle. A parking lot will be added at the northwest end of the building and the area will be lit per ordinance guidelines. The new parking area is for employees and delivery vans with separation from semis. Two overhead doors and one entrance door will be added to the building. Commissioner Pellechia stated that he still had some concerns about traffic flow since there is no traffic signal at STH 164. Mr. DeBourbon explained that the delivery vehicles are not released at the same time, but in stages every 30 minutes. Package volume changes daily.

Commissioner Zarzynski clarified that if 30 vehicles are staged every 30 minutes, we can assume that 1 delivery vehicle will be leaving every minute to which Mr. DeBourbon replied yes. Mrs. Fluet reviewed the Plan Staff Memo (copy attached). This site is zoned BP-1. Warehousing and distribution exceeding 50,000 square feet is considered a conditional use in accordance with Section 17.0506 (A)(13)(e) in the BP-1 Business Park District. The company will lease 96,590 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. Mrs. Fluet stated that Amazon.com.dedc, LLC will have a sign plan for the Plan Commission to review at their next meeting, but a new public hearing will not be required. A motion by Pellechia, seconded by Goetz to approve the Conditional Use, Plan of Operation, site plan, architecture plan and light plan for Amazon.com.dedc, LLC (N53W24700 S. Corporate Circle); a finding the use and structures meet the principals of 17.1002(A-H); subject to the standard conditions of Exhibit A. Motion carried 7-0. New process for Conditional Use applications with respect to the new State Law. Mr. Smith informed the Plan Commissioners that the State of Wisconsin recently amended State Statute fundamentally changing the procedures required for Conditional Uses. These changes will require us to make changes to our Ordinances, which will take time to complete. In essence the law requires us to treat Conditional Use processes as quasi-judicial proceedings (i.e. the Plan Commission are the judges) and follow procedures more often found in a court room than in a legislative body like the Plan Commission. Special adherence to due process, and rules of evidence come into play where the Plan Commission makes a ruling based upon the facts presented at the Public Hearings. The new standard is that the Petitioner has a right to a CU if they prove they meet the requirements found in the Ordinance and those reasonably required by the Plan Commission. The Plan Commission may add requirements, but the standards are much higher and must be closely based on the facts and evidence presented vs. previously where the requirements could be based upon feelings of legislative intent. The new law also makes a much higher burden on the public to intervene on a project. The Plan Commission must disregard testimony given without evidence to support its conclusions by the public. i.e., I don t like it, it s too much traffic. This statement is an opinion, with no evidence to support it. It may be true and speaks to their personal feelings of impact, but they provided no data to show that it was true, therefore the Plan Commission must disregard it like a Court would reject an opinion. Prior to this under legislative powers the Plan Commission could take those types of concerns and respond to them, but in a quasi-judicial process its based upon data and facts and the ability to justify the concern. Nothing stops the residents from expressing their opinion, but the Plan Commission in essence can t do anything about it. It may be one of the most unfortunate/disingenuous parts of the new State law as invites the public to be more involved, but denudes their ability to have actual impact. Mr. Smith discussed the new Conditional Use Permit process with the Commissioners (copy attached). Introduction of a Conditional Use, Plan of Operation and site plan for Skidmore MFG, LLC (W240N6689 Maple Avenue). Mrs. Fluet reviewed the Plan Staff Memo (copy attached). This site is zoned B-3. The processing and assembling of final products is a conditional use in accordance with Section 17.0506 (A)(9)(e) in the B-3 Highway Business District. Skidmore MFG, LLC will lease the 1,500 square foot building to process and assembly parts and complete orders placed by customers. It was the consensus of the Commissioners that this matter be scheduled for a public hearing for the April Plan Commission meeting. Consideration and possible action on a Resolution to amend the 2020 Comprehensive Plan to update it to the 2040 Comprehensive Plan.

In May of 2017 the Plan Commission and Village Board directed staff to form a committee to update the 2020 Comprehensive Plan. The 2040 Comprehensive Plan committee was formed with a diverse background with representatives from every corner of the Village and the business community. Eight meetings were held over the last nine months to develop the plan. The Plan draws heavily from the work done in 2014 and 2015 with citizen focus groups and 10 neighborhood meetings throughout the Village to design the 2025 Strategic Plan for the Village. At the March 13, 2018 meeting the committee recommended approval of the 2040 Comprehensive Plan to the Plan Commission and Village Board. Mr. Smith gave a presentation (copy attached) on the 2040 Comprehensive Plan. Pausing the presentation, Mr. Goetz stated that he needed to attend another Committee meeting. A motion by Goetz, seconded by Johnson to name Steve Pellechia Chairperson for remainder of meeting. Motion carried 7-0. Mr. Smith resumed his presentation. Following the presentation, it was the consensus of the Commissioners that this matter be scheduled for a joint public hearing on May 8 th. Other items for Future Discussion None Adjournment A motion by Johnson, seconded by Kremer to adjourn the meeting at 7:56 pm. Motion carried 6-0. Respectfully Submitted, Linda Steinmetz Deputy Clerk

Indu http://www.apraz.com/graphics/ad-addtl-info.gif N64W23760 Main Street Sussex, Wisconsin 53089 Phone (262) 246-5200 FAX (262) 246-5222 Email: info@villagesussex.org Website: www.villagesussex.org MEMORANDUM TO: Plan Commission FROM: Kasey Fluet, Assistant Development Director RE: Plan Commission meeting of March 20, 2018 DATE: March 9, 2018 --------------------------------------------------------------------------------------------------------------------- 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 Public Hearing and Plan Commission meeting of February 20, 2018. 03. Public Hearing on the following items: A. Conditional use permit in accordance with Section 17.0506 (A)(15)(e) for Rotating Equipment Repair for outdoor use of a tank in the BP-1 Business Park District to be located at W248N5550 Executive Drive. The Petitioner and owner is Rotating Equipment Repair. B. Conditional use permit in accordance with Section 17.0506 (A)(13)(e) for Amazon.com.dedc, LLC for warehousing and distribution exceeding 50,000 square feet in the BP-1 Business Park District to be located at N53W24700 S. Corporate Circle. The petitioner is Amazon.com.dedc, LLC and the property owner is GPT Sussex Owner 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 Quality Rack & Equipment Inc. (N53W24880 S. Corporate Circle Ste. 5). This site is zoned BP-1. The warehousing of products under 50,000 square feet is a permitted use in the BP-1 Business Park District in accordance with Section 17.0420 (A)(8)(b). Quality Rack & Equipment offers installation of equipment such as pallet racking, mezzanines, cranes, shelving for in plant offices and regular office space. They will occupy approximately 3,000 square foot tenant space in the 18,000 square foot multi-tenant building using half the suite for general office and the other have for warehouse material and equipment. The hours of operation will be 8:00 a.m. to 5:00 p.m. Monday through Friday. The company has 4 employees. Plan Staff Memo for Plan Commission March 20, 2018 1

The site has 54 parking stalls, 16 stalls are allocated to the other users and according to code this user requires 7 stalls. Any signage for this site will need to be reviewed by the Building Inspector. Policy Question: 1. Are there any concerns with the Plan of Operation? Action Items: 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 Quality Rack & Equipment Inc. (N53W24880 S. Corporate Circle Ste. 5); a finding that the use and structures meet the principals of 17.1002(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, 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 17.0420 (A)(5)(d)(3) but the outdoor use of a tank is a conditional use in accordance with Section 17.0506 (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. 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. Policy Question: 1. Should the waiver for separation from an institutional district be granted? 2. Are there any concerns with the Conditional Use or Plan of Operation? 3. Are there any concerns from the public hearing you want added in the CU document? Action Items: 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 April Plan Commission meeting. Plan Staff Memo for Plan Commission March 20, 2018 2

Staff Recommendation: Staff recommends approval of the Conditional Use, Plan of Operation and site plan and to grant the waiver to allow the outside tank to be less than 600 feet from an institutional district for Rotating Equipment Repair (W248N5550 Excutive Drive); a finding the use and structures meet the principals of 17.1002(A-H); subject to the conditions of Exhibit A. B. Consideration and possible action 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 17.0506 (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 without adding additional parking stalls. 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. 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. Policy Question: 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? Action Items: 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 April Plan Commission meeting. Plan Staff Memo for Plan Commission March 20, 2018 3

Staff Recommendation: Staff recommends approval of the Conditional Use, Plan of Operation, site plan, architecture plan and light plan for Amazon.com.dedc, LLC (N53W24700 S. Corporate Circle); a finding the use and structures meet the principals of 17.1002(A-H); subject to the standard conditions of Exhibit A. C. New process for Conditional Use applications with respect to the new State Law. The State of Wisconsin recently amended State Statute fundamentally changing the proceedures required for Conditional Uses. These changes will require us to make changes to our Ordinances, which will take time to complete. In essence the law requires us to treat Conditional Use processes as quasi-judicial proceedings (i.e. the Plan Commission are the judges) and follow proceedures more often found in a court room than in a legislative body like the Plan Commission. Special adhearance to due process, and rules of evidence come into play where the Plan Commission makes a ruling based upon the facts presented at the Public Hearings. The new standard is that the Petitioner has a right to a CU if they prove they meet the requirements found in the Ordinance and those reasonably required by the Plan Commission. The Plan Commission may add requirements, but the standards are much higher and must be closely based on the facts and evidence presented vs. previously where the requirements could be based upon feelings of legislative intent. The new law also makes a much higher burden on the public to intervene on a project. The Plan Commission must disregard testimony given without evidence to support its conclusions by the public. I.e, I don t like it, its too much traffic. This statement is an opinion, with no evidence to support it. It may be true and speaks to their personal feelings of impact, but they provided no data to show that it was true, therefore the Plan Commission must disregard it like a Court would reject an opinion. Prior to this under legislative powers the Plan Commission could take those types of concerns and respond to them, but in a quasijudicial process its based upon data and facts and the ability to justify the concern. Nothing stops the residents from expressing their opinion, but the Plan Commission in essence can t do anything about it. It may be one of the most unfortunate/disingenuous parts of the new State law as invites the public to be more involved, but denudes their ability to have actual impact. Staff will provide at the meeting the new outline for CU processes that will be used until the Ordinances can be rewritten. D. Introduction of a Conditional Use, Plan of Operation and site plan for Skidmore MFG, LLC (W240N6689 Maple Avenue). This site is zoned B-3. The processing and assembling of final products is a conditional use in accordance with Section 17.0506 (A)(9)(e) in the B-3 Highway Business District. Skidmore MFG, LLC will lease the 1,500 square foot building to process and assembly parts and complete orders placed by customers. Hours of operation Monday through Saturday 6:00 a.m. to 11:00 p.m. This site is not allowed any outside storage. The use meets the requirements of the Ordinance. Before the previous tenant was granted occupancy we required the building owner to repaint the building, repair the broken windows and update the building with fire protection codes. The Plan Commission should identify any maintenance items they would like addressed, which we will discuss next month in conjunction with the public hearing. Plan Staff Memo for Plan Commission March 20, 2018 4

Policy Question: 1. There are no policy questions this month as this item is on the agenda for scheduling purposes only. Action Items: 1. Direct staff to schedule the public hearing. Staff Recommendation: Staff recommends scheduling the public hearing for the April meeting. 07. Consideration and possible action on CSM s and Plats: 08. Consideration and possible action on Zoning and Planning Items: A. Consideration and possible action on a Resolution to amend the 2020 Comprehensive Plan to update it to the 2040 Comprehensive Plan. In May of 2017 the Plan Commission and Village Board directed staff to form a committee to update the 2020 Comprehensive Plan. The 2040 Comprehensive Plan committee was formed with a diverse background with representatives from every corner of the Village and the business community. Eight meetings were held over the last nine months to develop the plan. The Plan draws heavily from the work done in 2014 and 2015 with citizen focus groups and 10 neighborhood meetings throughout the Village to design the 2025 Strategic Plan for the Village. At the March 13, 2018 meeting the committee recommended approval of the 2040 Comprehensive Plan to the Plan Commission and Village Board. The Village s Public Participation Policy calls for the Public Hearing to be held and then for the Plan Commission to act, followed by the Village Board. The Village has traditionally held these Public Hearings jointly and will do so again. Policy Question: 1. Are there any concerns with the draft 2040 Comprehensive Plan? Action Items: 1. Set forth the Plan for a Public Hearing in May 8 th. Staff Recommendation: Staff recommends the Plan Commission to direct staff to schedule the joint public hearing. 09. Other Items for future discussion. 10. Adjournment. Plan Staff Memo for Plan Commission March 20, 2018 5

N64W23760 Main Street Sussex, Wisconsin 53089 Phone (262) 246-5200 FAX (262) 246-5222 Email: info@villagesussex.org Website: www.villagesussex.org MEMORANDUM TO: Plan Commission FROM: Kasey Fluet, Assistant Development Director RE: Conditional Use Permit process DATE: March 20, 2018 --------------------------------------------------------------------------------------------------------------------- Step 1: Petitioner meets with staff in a pre-application conference to discuss the application and plans. Step 2. Petitioner applies for Conditional Use Permit and staff verifies that it is likely to meet the minimum threshold requirements of the Ordinance for consideration, if so it is set for introduction. Step 3: Staff introduces the Conditional Use Permit. The Plan of Operation and any plans are provided to the Plan Commission. Staff gives a report outlining the threshold standard has been met and may highlight critical issues that will need to be addressed from the code. The Commission only gives direction to schedule the public hearing. Step 4: Hold a public hearing. The Plan Commission will hear from the petitioner and the public on the matter. The Chair will explain the rules of the hearing, including standards of evidence and burden of proof. The Plan Commission may not consider information presented by the Petitioner or public that is an opinion and not based upon some type of evidence. The hearing will start with the Petitioner presenting their project and demonstrating compliance with the Ordinance and standards of the Village. The Plan Commission will participate in asking questions/statements of the Petitioner. The Petitioner will answer those questions or defer to the next hearing as may be necessary. The Public will have a chance to present evidence and ask questions. The Plan Commission may ask follow up questions of the public and/or may ask the Petitioner to answer the question. The Chair may depending upon the length of questions or number of public wishing to give testimony allow a series of the public to go before the Petitioner is directed to respond in order to maintain the pace of the hearing. Everyone from the public should be afforded a chance to speak once, before someone speaks twice to allow full access to the hearing. The Petitioner will answer those questions or defer to the next hearing as may be necessary. The Plan Commission will once again be able to ask questions and discuss the project. The Plan Commission will give the following direction to the petitioner and to the public: A. The remaining questions/standards that need to be proved/responded to. B. Additional conditions to include in the CU Order that the Plan Commission deems appropriate. The Petitioner will need to prove they can meet those at the next hearing. C. Direction to staff to prepare the Conditional Use Order or a finding the Petitioner does not meet the standards for approval for consideration at the next meeting. The Plan Commission may also delay either of these directions to hear more evidence at the next meeting, although such delay will result in a third meeting for due process.

The purpose of the hearing is to gather the record, for the Petitioner to prove with evidence they meet the standards of the code or the public to prove they don t and to address concerns from the public and or Plan Commission and to determine what remains to be discussed at the next meeting. Step 5: The Plan Commission adjourns the hearing until the next month and gives the date and time of the hearing. No additional notice is necessary. Step 6: The Plan Commission opens the hearing and states the rules of the hearing: Plan Commission allows the Petitioner to present evidence in support of any items from A. and B. above and to address any items with respect to the Conditional Use Order or Findings of Denial. The Plan Commission may question the Petitioner on these items. The Public is allowed to present evidence in support/opposition to what the Petitioner has presented, and or from items A. and B. above and to address any items with respect to the Conditional Use Order or Findings of Denial. The Plan Commission may question the Petitioner on these items. The Plan Commission determines if additional evidence is needed and if so adjourns the hearing again or closes the hearing. Step 7: The Plan Commission during its regular meeting or at a subsequent meeting where the agenda item is duly noticed discusses the plans and Conditional Use Order or Findings of Denial and acts on the agenda item(s). It is essential that the decision is based upon the record captured during the hearing and is evidence based. The burden of proof is on the Petitioner to prove they have met the standards of the Ordinance and those set forth by the Plan Commission during the process.

The Process The 2040 plan is an update of the 2020 plan. In order to get to this process the Village held planning meetings of the management team, Village Board, a citizen/business focus group, a non-scientific community wide survey and over 10 public meetings held throughout the park system to developed the 2025 Strategic Plan. The 2025 Strategic Plan also became the foundation for the 2040 comprehensive Plan and its findings are used extensively throughout this document. 40 residents and business leaders participated in the process Eight interactive meetings were held over the last nine months July 25, 2017 2040 Planning Committee kick-off. August 17, 2017 Cultural and Natural Resources September 21, 2017 Housing and Land Use October 19, 2017 Economic Development and Transportation November 16, 2017 Intergovernmental Cooperation and Utilities and Community Facilities January 23, 2018 First draft of Chapters 1 to 5. February 27, 2018 First draft of Chapters 6 to 9. March 13, 2018 Recommendation of 2040 Comprehensive Plan to Plan Commission Tonight we introduce the draft of the 2040 Comprehensive Plan A joint public hearing with the Plan Commission and Village Board is to be held on May 8

Background and Context Planning area, population, households and employment The amount of acres the Village has in the planning area has not changed, the Plan focuses on the 5,552 acres the Village will be comprised of According to SEWRPC we will likely see our population increase to over 17,000 residents by 2040 Increased population leads to increased households, current number of households is 4,766 we will likely see a number of 6,950 in 2040 Employment trends and shifts from manufacturing to education and health

Cultural and Natural Resources History, parks, trails and natural resources For this chapter we had the committee give us their views of Main Street 20 years from now, they took a survey ranking importance of sidewalks and trails, they pledged funds to amenities they would like in an existing park or future park and Judy Neu explained the natural resource areas within the Village and lands yet to come into the Village. From these different exercises staff took this information and identified goals and objectives for this chapter: Utilize the design guidelines to promote architecturally significant design For a system of sidewalks, parkways, or trails that link neighborhood to each other and to and through recreational amenities, public open spaces, and the Downtown to support a walkable community Find creative ways to seek involvement and investment from the business community to improve and maintain public amenities Maintain the tree preservation ordinance

Housing Housing units, condition of housing stock, housing demand, development potential and projected needs EXHIBIT 3-7 Age of Housing Year Built Units Percent 2010-Present 464 10% 2000-2009 670 14% 1990-1999 1,664 35% 1980-1989 801 17% 1970-1979 360 8% 1960-1969 408 9% 1950-1959 172 4% 1940-1949 45 1% 1939-earlier 182 4% Total 4,766 100% Goals: Focus middle density housing to in-fill areas where similar size housing already exists Promote the development of housing to meet the demands of population growth Moderate priced housing and senior housing should be provided Adopt neighborhood programs to encourage home rehabilitation projects

Economic Development Local economic base, opportunities and challenges, major locations for development, economic development tools and programs Key employers have opted to grow their business and to stay in Sussex Identified key areas for development and redevelopment Explore the role the CDA could offer to help the Downtown grow Recognize the changes in the industry, artificial intelligence and the internet will have implications on what sectors grow and the economy is likely to be very different

EXHIBIT 4-2 Available Employment by Industry Industry Employment Percent Manufacturing 2,889 58% Services 944 19% Wholesale Trade 538 11% Retail Trade 476 10% Construction 73 2% Mining 66 1% Total 4,986 100% Source: U.S. Economic Census, 2012

Utilities and Community Facilities Utilities and community facilities Goals and objectives Continue to seek out opportunities to combine public services with surrounding communities when it makes financial sense Continue to evaluate demand for municipal services as the population increases Development should not outpace the Village s ability to expand services or jeopardize the quality of services provided by the community Implement the use of sustainable/renewable energy, such as fostering development of projects that use renewable and sustainable energy or find ways to incorporate into existing development

Land Use Land use yesterday, today and tomorrow, residential, commercial, industrial & quarry, governmental & institutional, transportation, communications & utilities, non-urban land uses, historic trends, growth plan assumptions and extraterritorial zoning The committee reviewed the vacant land areas and discussed if the designated land use was appropriate Updated charts to reflect the historic trend 2020 Land Use Plan 2040 Land Use Plan Government and Institutional 2% Recreation and Natural Resource 19% Agriculture 9% Residential 43% Government and Institutional 2% Transportation and Utilities 11% Recreation and Natural Resource 23% Residential 42% Transportation and Utilities 10% Industrial and Quarry 12% Commercial 5% Industrial and Quarry 15% Commercial 7%

Transportation Existing plans and services, roadways, rail facilities, bicycle facilities, Pedestrian accommodation, air transportation service, major traffic studies, traffic volume Listed the future plans and transportation systems that will impact Sussex (Hwy 164, Silver Spring Road, CTH F, CTH K, CTH VV, CTH V) As Sussex has grown and the areas surrounding us maps for existing traffic counts and future traffic counts have been added for the planning process Identified areas for future intersection improvements

Traffic counts by 2040 Hwy 164 at CTH K from 17,557 to 41,095 Hwy 164 at CTH VV from 18,260 to 46,865 CTH K at Maple Avenue 14,475 to 20,985 Waukesha Avenue CTH F to CTH VV 14,801 to 21,335

Intergovernmental Cooperation Neighboring communities, administration, culture and leisure, planning and development, public safety, public works, border agreement, area wide plans, overlapping jurisdictions The Village has partnerships with over 35 different local governments, extending beyond Waukesha County into Washington and Jefferson Counties. Continue to work cooperatively with neighboring communities to explore opportunities for additional shared services that will enhance the quality of municipal services in the most cost effective manner Explore opportunities to share services such as an indoor pool, dog park and a YMCA or similar facility

Implementation Regulatory updates, implement key programs and projects and updating the comprehensive plan The 2040 Comprehensive Plan is a guide to help the community successfully shape itself for the next 20 years Implement key programs and projects over the planning timeframe, some projects to be accomplished by the Village others will be coordinated with other municipalities or with the private sector By 2030 start the process to update the 2040 Comprehensive Plan

Thank you to the 2040 Planning Committee Hold a joint public hearing with the Village Board and Plan Commission, May 8 Consideration and possible adoption the 2040 Comprehensive Plan

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 17.1000 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

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