TOWN OF LISBON PLAN COMMISSION MEETING MINUTES JULY 24, 2014 Chairman Gehrke called the 1st Public Hearing to order at 6:35 P.M. Chairman Gehrke read the Public Notice into record. Members Present: Chairman Gehrke, Supervisor Panten, Commissioner’s, Nelson, Samanske, Meyer, and Secretary Stadler. Commissioner Oelhafen excused. Also present: Planning Consultant John Stigler, Administrator Clerk Kraus, and Deputy Clerk Cox. COMMENTS: Frank Dobbs, 713 S. Lake Shore Dr. Lake Geneva, WI 53147. Mr. Dobbs; Representative for U.S. Cellular discussed the proposed plan to install a communication tower at W275 N6725 Lake Five Rd. Chairman Gehrke closed the 1st Public Hearing at 6:46 P.M. Chairman Gehrke called the 2nd Public Hearing to order at 6:46 P.M. Chairman Gehrke read the Public Notice into record. COMMENTS: Jack Lietzau, Colgate, WI. Mr. Lietzau discussed his proposed plan to build a Planned Unit Development. Randy Bruckner, 9205 W. Center St, Milwaukee, WI. GS Engineering. Chairman Gehrke closed the 2nd public hearing at 6:52 P.M. Chairman Gehrke called the 3rd Public Hearing to order at 6:52 P.M. Chairman Gehrke read the Public Notice into record. COMMENTS: Scott Bence, Wexford Heights, W178 N9912 Rivercrest Dr, Germantown, WI. Mr. Bence; Representative for Wexford Heights discussed the proposed plan to build a convenience store with a fueling station, car wash, and restaurant at W260 N9579 State Road 164. Rob Williams, TDI Associates, Inc., N8 W22350 Johnson Dr, Waukesha, WI. Architect for Wexford Heights. Teresa Nelson, N95 W25850 Riverview Dr. Ms. Nelson in attendance this evening to discuss her concerns in regards to the proposed convenience store with fueling station, car wash and restaurant for the property located at W260 N9579 State Road 164. Ms. Nelson expressed concerns regarding a proposed retention pond and the water her well draws from becoming contaminated and being without recourse or access to clean water if that were to happen. Ms. Nelson also added that she was concerned with the potential excessive amounts of water that would be pulled from her water table to wash an untold number of vehicles and inquired as to what was the plan for the dirty water. Ms. Nelson also addressed her concern regarding the increased traffic that would be endured. Ms. Nelson also indicated that she wanted more information on the lighting plan for the proposed business and the hours of operation. Expressing concerns that it would be lit up like a Christmas tree and open 24/7. Ms. Nelson advised the Plan Commission that the gas station located across the street from this proposed site closes at 10:00 p.m., doesn’t have bright lights that glare in her bedroom windows all hours of the night and doesn’t disturb her quality of life. Valerie Linton-Reed, W268 N6678 Lakeview Dr. Ms. Linton-Reed inquired as to what the water source would be for the car wash. Julie Manthei, N95 W25920 Rivers Hollow Ct. Ms. Manthei addressed her concerns regarding the hours of operation, bright lights in the middle of the night, noise concerns, trucks backing up with back-up horns or alerts, safety of children, and whether or not the current lot would be expanded. Jeff Ertl, N93 W24655 Bark Rd. Mr. Ertl addressed his concerns to the Plan Commission regarding traffic problems that would be endured and of the study that was completed previously regarding the flow of traffic. Chairman Gehrke closed the 3rd Public Hearing at 7:26 P.M. Chairman Gehrke called the final Public Hearing to order at 7:26 P.M. Chairman Gehrke read the Public Notice into record. COMMENTS: Troy Mlezira, 1626 Oak Street, LaCross, WI. Mr. Mlezira; Representative for Kwik Trip, Inc. discussed the proposed plan to build a convenience store with fueling station and car wash at S.T.H 74 & Town Line Road. Chairman Gehrke closed the final Public Hearing at 7:37 P.M. Chairman Gehrke called the Plan Commission meeting to order at 7:38 P.M. APPROVAL OF MINUTES: Motion made by Supervisor Panten to approve the minutes of the May 22, 2014 meeting as submitted. Seconded by Commissioner Nelson. Motion carried. 6-0 Discussion and Action for Issuance of a Conditional Use Permit for the property located at, W275 N6725 Lake Five Rd for U.S. Cellular, a wireless provider to install a wireless communication tower. John Stigler read his comments into the record: A. The property is presently Zoned B-2, Local Business and is designated Commercial on the Town’s Adopted Land Use Plan. B. The proposed tower location is situated on the far west end of an existing self-storage facility (Mary’s Custom Storage) located between Moraine Drive and Silver Spring Drive on the west side of Lake Five Road. C. Per Section 25(d)(13) of the Zoning Code, Communication Towers are allowed Conditional Use. D. D. I have verified that per Section 4(b)(2) that the Town has processed notification to adjacent parties per the Zoning Code. E. Per Section 4(b)(1) a topographic Plat of Survey is to accompany the application. The drawings submitted with the application do not meet that level of detail. F. Proposed tower height is shown at 180 feet. G. Equipment cabinet is shown at 12’ x 20’. H. A chain link fence is shown around the site on the south, west and north ends. I. The selected locations provide screening of the equipment cabinet from the south, east and north. J. A chain link fence is noted on the plans but no fence height is stipulated. Nor is it clear if the fence utilizes slates or is open. K. The property owner to the west will most visually be affected by this proposal (PDQ Operation). Recommend landscaping be required along the west side fence. L. Applicant should provide coverage maps which demonstrate/support need for new tower at this location. Along with their efforts to work with other carriers to co-locate at this location. Regarding the Plan of Operation Form. A. Item No. 9, drawings show cabinet dimension as 12’ x 20’ not 11’3” x 24’ which is the correct dimensions? B. Items 14, 24 and 26 need a response. Motion by Supervisor Panten to Table until the next Plan Commission meeting on September 4, 2014. Seconded by Commissioner Nelson. Motion carried. 6-0 Applicant is to work with the Town Planning Consultant in regards to landscape plans/designs for the property. Applicant needs to submit Topography. Discussion and Action for Issuance of a Conditional Use Permit for the property located at, Tax Key 0158997; address not yet assigned for Colgate Investments to build a Planned Unit Development. John Stigler read his comments into the record: A. The property is located south of CTH “Q” and east of the Bark River Country Meadows Subdivision and west of the River Bluff Subdivision. The Bark River is located on the southern boundary of the site. B. This development was previously submitted to the Plan Commission in 2006 and most recently in 2011 but economic conditions kept the development from moving forward. C. The property is presently zoned as R-1 for most of the site with small areas of C-1 mainly located in the D. E. F. G. southeast near the Bark River. The R-1 District Regulations require one acre lots with 150 feet of average width. The PUD previously approved by the Town Plan Commission relaxed the lot area and lot width to 30,000 square feet and 120 feet respectively. Regarding overall density; 20 lots will yield an overall density of 2.15 acres per unit. For grant of the PUD the developer was setting aside approximately 10 acres for a tot lot and walking paths which were to be open to all Town residents Since no action had been taken on this matter since 2011 it was determined that the Conditional Use for a PUD development had expired (See Section 4(g)(1, 2 & 3). The developer has participated in a meeting with Waukesha County staff and held a pre-consultation meeting with the Town of Lisbon staff per the Town’s Land Division Ordinance. Recommend approval of or renewal of the Conditional Use Planned Unit Development (PUD). Motion by Supervisor Panten to approve the Conditional Use Permit contingent on Strand approval of storm water design, adding stop signs at the intersection of Sennot Ct and Norwauk Rd and per Town Engineers comments/recommendations. Seconded by Commissioner Samanske. Motion Carried 6-0. Discussion and Action for Issuance of a Conditional Use Permit for the property located at W260 N9579 State Road 164 for Wexford Heights, L.P. to build a convenience store with fueling station, car wash, and restaurant. John Stigler read his comments into the record: A. Property is presently Zoned B-2 Local Business. Site is located at the southwest corner of STH “164” and CTH “Q” and is the site of the former Associated Bank property. B. The property and proposed gas station was subject to a Public Hearing tonight. We have verified that the appropriate notification was made by the Town Staff C. Per Section No. 4 (h)(4) Gasoline sales with convenience store is an allowed Conditional Use in the B-2 District. D. Gasoline pumps and other accessory equipment shall be 15 feet to the base setback line and fifty (50) E. F. G. H. I. J. K. L. feet to the side and rear yards. Layout as submitted meets these offset regulations. Per the Town Zoning Code 58 parking stalls would be required. The submitted site plan has 44 stalls, plus 14 stalls at the fuel pumps. The site paving meets or exceeds the Towns required 10 feet offset to property line regulation. On sheet 2.0 a sign is depicted in the southeast and northwest corners of the property. These signs do not meet the 10 feet setback regulations per the Town Zoning Code. The lot meets or exceeds the lot area and lot width regulations for the B-2 District. Site meets the open space requirement of 15,000 square feet. Photometric Plan shows zero light spillage on the east, north and west with some spillage over the lot line on the southerly boundary. This should be corrected. Maximum light pole height is 18 feet above the adjacent ground elevation. Plan of Operation: 1. Please explain response to parking. I only see 60 stalls on the site plan. Also employee parking is to be anticipated. 2. Recommend approval of Plan of Operation with clarification of parking. M. Storm water report shows that post-developed flows will not exceed the pre-developed runoff volumes. We have concerns regarding the west lot line swale and will work with applicant’s engineer to address this issue. N. Contour lines along the south property line need to match the existing contours without encroaching on the neighbor. This may cause some redesign. RE: Building Heights: The Car Wash and Fueling Canopy are 19 feet and 18 feet in height respectively. Per the D-2 District Regulations, accessory building height is 15 feet maximum. Each structure has increased its setback and offset, therefore it is allowed to exceed the 15 feet height regulations. RE: Landscape Plan: Landscape Plan appears to be dominated by deciduous species with lot grow plants at sign bases only. Recommend additional plantings be added and that some coniferous plants be sited on the exterior perimeter. RE: Signage: A separate sign application and review is required. Sheet No. A.2.4 would meet the Area and Height Regulation for a monument sign. The Sign Code allows for multiple monument signs when the property is located on two major roadways. Motion by Commissioner Nelson to Table until the next Plan Commission meeting on September 4, 2014, per Town Engineers comments / recommendations and review of storm water by Strand Associates. Seconded by Commissioner Meyer. Motion Carried 6-0. Applicant to change hours of operation for the store, restaurant, and car wash to close earlier than what was originally proposed by the applicant. Vacuum station at car wash to have a quieter setting and to shut off at the same time the business closes. Applicant to provide exterior colors and samples of proposed materials being used. Restaurant needs Site Plan / Plan of Operation. Applicant to change the proposed location of the dumpster, access, and provide screening. Applicant to provide traffic flow chart from the Department of Transportation, Traffic Study for turning onto Hwy 164 & Q, and Traffic Volume Report. Signage prohibiting trucks from turning north out of parking lot. Signage to say, “Welcome to the Town of Lisbon”. Storm water to be reviewed by Strand Associates. Discussion and Action for Issuance of a Conditional Use Permit for the property located at S.T.H 74 & Town Line Road for Kwik Trip Inc. to build a convenience store, fueling station, and car wash. John Stigler read his comments into the record: A. Property is located in the proposed Forester Development “Town Line Square” which is next on tonight’s agenda. B. The property is Zoned B-4, Commercial Special Use District. This District requires review by the Joint Planning Committee comprised of three Village of Sussex and Town of Lisbon members. C. Per Section 27(d)(2) gasoline sales and convenient stores associated with gasoline sales are allowed as Conditional Use. D. Public Hearing was held tonight to consider issuance of a Conditional Use permit for the Kwik Trip. I verified that the appropriate notification of adjacent property owners was performed. E. Regarding Sheet SP-1 North and South driveway openings are shown to exceed 32 feet of width at the right-of-way line. 32 feet is maximum allowed per Town Zoning Code. Applicant should demonstrate need to exceed the 32 feet of driveway opening. F. The convenience store, car wash and canopy meet the Town’s setback/offset regulations G. Regarding Sheet E-1; standard light poles are shown as 18 feet above the adjacent grade this meets the Town’s Standards. Lights include cut off fixtures directing the light downward. H. Plan shows 0.0 foot candles at the property lines and right-of-way lines. This meets the Town Code. I. Per Section 11( )(b) parking lots are to include 7 ½% green space for lots over 20 car capacity. Additional green islands will be required. Re-Signage: A. A separate sign permit application is required by the Town of Lisbon. B. All illuminated signs require electrical permits. C. Per Section 13.10 Monument signs should include landscaping around the base for a distance of 5 feet from the base. D. The monument sign location shown on Plan Sheet SP-1 does not take into account future vision corner easements. E. Per Section 13.10(c)(3)(B) Gross surface area of a monument sign is not to exceed 60 square feet. The proposed sign area is double that at 122 square feet. The Sign Code Administrator; (i.e. Plan Commission) would need to consider a waiver or the sign would need to be reconfigured. F. The monument sign complies with the Town’s Height Regulations Section 13.10(c)(3)(D). Plan of Operation: A. Item No. 13, requires a response. B. Item No. 16, requires a response to paren b quantity of employee stalls. C. Item No. 17, requires a response to location of exterior lighting (i.e. See Plan Sheet?) D. Item No. 18, re-signage requires response to paren (b). E. Item No. 23, requires a response. F. Item No. 24, requires an affirmative response. G. There appears to be one wall sign affixed over the main building entrance. The sign is calculated to have 24.6 square feet surface area. Per Town Sign Code 50 square feet is allowed therefore the sign meets the Sign Code Regulations. H. It appears that the Plan Sheet CA-1 depicts two Kwik-Trip signs on the pump canopy. Per Sign Code, only one is allowed. Site Grading Plan: A. None provided at this time. Storm Water Management: A. No information provided. Recommendation: A. This project is dependent upon the Forester development moving forward (See item No. 8 on tonight’s agenda) along with approval of the JPC. Recommend conceptual approval of the Plan set and the Plan of Operation with final approval being granted upon satisfactorily addressing the above concerns. Motion by Commissioner Nelson to approve Conditional Use Permit for the property located at S.T.H. 74 & Town Line Road for Kwik Trip Inc. to build a convenience store, fueling station, and car wash per Town Engineers comments / recommendations. Seconded by Commissioner Meyer. Motion carried. 6-0 Approval contingent on corrected Site Plan / Plan of Operation to include signage. Green space to be approved by the Town Engineer. Waiver to be granted for driveway width, Site Grading Plan, subject to Joint Plan Commission, Waiver to sign area, and review of storm water by Strand Associates. Discussion and Action to approve Preliminary Plat for the Forrester property, located at N63 W22039 Hwy 74. John Stigler read his comments into the record: A. The property is located at the southwest corner of Townline Road and Mail Street (STH “74”). B. The property is presently Zoned B-4 Commercial Special Use on the eastern portion and is Zoned M-2, General Industrial District on the west portion which abuts up to an Industrial Park in the Village of Sussex. C. The property is the former site of the Lieds Nursery operation. D. The Developer has participated in a pre-consultation meeting with the Town Clerk and Engineer. E. A review of the Preliminary Plat submitted in respect to Section 4.00 of the Town’s Land Division Ordinance reveals the following items need to be addressed. 1. Development name is to include reference to “Lisbon”. 2. Date of preparation, including revision dates are to be shown. 3. Proposed contours as necessary to verify adequate drainage. 4. Location, size and invert elevations of existing sanitary sewer or storm sewers. 5. Existing buildings are to be shown (affects former Lieds structures). 6. Approximate street grades. 7. Approximate street radii lengths. 8. Soil types are to be depicted. 9. Overall street length 10. Overall density factor 11. Per Section 7.02, a 30 feet planting strip along STH “74” and Townline Road (Limited Access Highway) is required. 12. Indicate the source for sanitary waste water treatment. 13. Indicate the source for domestic water supply. 14. Indicate vision corners at all street intersections. 15. Provide preliminary storm water calculations. 16. Label restricted access to abutting highways. 17. Final plat will be subject to Impact Fees. 18. Village of Sussex and Joint Planning Commission have review authority. F. Recommend conditional approval subject to addressing comments above and Plan Commission comments. Motion by Commissioner Meyer to approve the Preliminary Plat for the Forrester property located at, N63 W22039 Hwy 74 per the Town Engineers comments / recommendations with Item No. 5 being waived. Seconded by Commissioner Nelson. Motion carried. 6-0 Approval contingent on Strand Associates to review storm water, traffic study to be completed with the state, applicant to acquire sanitary sewer service from storm water management on site. To have Lisbon Signage. Discussion and Action to approve CSM (Certified Survey Map) for the Ziebell property, located at, W234 N8544 Woodside Road. John Stigler read his comments into the record: A. The property was Zoned A-10 and Upland Corridor. The property has been rezoned to a 5 acre density. B. The Plat of Survey (not a Certified Survey Map –CSM) depicts a lot line adjustment of approximately 65 feet. This would be a sale between abutting owners which is conditionally allowed under the State Statutes, Chapter 236. C. The new lot meets or exceeds the required lot area and lot width. D. There is a concern which has been discussed in the past with applicant which is the location of the driveway connection point to Woodside Road. The driveway should be relocated to a point opposite Club House Circle or moved to point further south meeting ASHTO Sight Distance Regulations. E. Recommend in favor of the lot line adjustment as shown. Motion by Supervisor Panten to approve the lot line adjustment as specified in the Plat of Survey for the Ziebell property, located at, W234 N8544 Woodside Rd. Seconded by Commissioner Nelson. Motion passed 6-0. Approval contingent on having the driveway situated opposite of the Fairways of Woodside Golf Course and/or have inspection of driveway for sight distance. Items to be placed on future Agenda. NONE ADJOURNMENT: Motion by Commissioner Nelson to adjourn the meeting at 10:15 P.M. Seconded by Commissioner Samanske. Motion carried. Respectfully Submitted, Donna Cox – Deputy Clerk/Plan Commission 6-0