DISCLAIMER - THE FOLLOWING ARE DRAFT MINUTES FROM THE PLAN COMMISSION MEETING AND ARE SUBJECT TO CHANGE UPON APPROVAL OF THE PLAN COMMISSION

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1 DISCLAIMER - THE FOLLOWING ARE DRAFT MINUTES FROM THE PLAN COMMISSION MEETING AND ARE SUBJECT TO CHANGE UPON APPROVAL OF THE PLAN COMMISSION VILLAGE OF SUSSEX SUSSEX, WISCONSIN Minutes of the Plan Commission meeting held on October 16, President Goetz called the meeting to order at 6:30 p.m. Members present: Members excused Others present: Amanda Schauer, Annette Kremer, Deb Anderson, Scott Adkins, Roger Johnson and Greg Goetz. Steve Pellechia Administrator Jeremy Smith, Asst. Development Director Kasey Fluet, Village Engineer Judith Neu, Fire Chief David Johnsen, Attorney John Macy, Deputy Clerk Linda Steinmetz, applicants and members of the press. A quorum of the Village Board was not present at the meeting. Consideration and possible action on the minutes on the Public Hearing and Plan Commission meeting of September 18, A motion by Kremer, seconded by Anderson to approve the minutes of the Plan Commission meeting of September 18, 2018 as presented. Motion carried 6-0 Consideration and possible action on a Plan of Operation and site plan, for Wisconsin Hemp Scientific LLC (N63W22595 Main Street). Andy Gould and Griffin Lynch, N63W22595 Main Street, Sussex were present for this matter. Mr. Lynch stated they are state licensed through the WI Department of Agriculture, Trade and Consumer Protection as a hemp processor and will be converting hemp biomass into hemp oil. The oil will be bottled and distributed to retailers. There will be no retail sales at this location. Mr. Adkins inquired about security at the location. John Gnas, owner of building at N63W22595 Main Street stated that he is installing 6 cameras with DVR storage capable of replaying one month of activity at the site. Two of the cameras have pivit capabilities and will be placed on the north and south sides of the building. Additional lighting was added and the building is well lit. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the site is zoned M-1. The processing of hemp oil is a permitted use in accordance with Section (A)(3)(a)(4). Wisconsin Hemp Scientific LLC was issued an Industrial Hemp Processor license May 15, 2018 from the Wisconsin Department of Agriculture, Trade and Consumer Protection. The company will covert hemp biomass into hemp oil. The oil will be bottled and distributed to retailers or other processors for consumer purchase, there will be no retail sales at this location. Hours of operation will be Monday through Sunday 7:00 a.m. to 7:00 p.m. This site has 78 parking spaces, this site has sufficient parking. A motion by Goetz, seconded by Kremer to approve the Plan of Operation and site plan for Wisconsin Hemp Scientific (N63W22595 Main Street); 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 CSM to combine two properties to one N63W23991 Main Street and N63W23979 Main Street known as Paul s Certified Auto. Paul Cain, N63W23979 Main Street was present on this matter. Mr. Cain stated that he is combining his two properties into one. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the site is zoned B-4. The owner of Paul s Certified Auto is requesting to combine the two abutting properties he owns to one property. The combination will create a new lot size of.53 acres consisting of the main building, Paul s Auto repair business and a detached garage. The CSM will also clean up the dedicated right of way on Maple and Main.

2 A motion by Johnson, seconded by Anderson to recommend approval of the CSM to the Village Board to combine lots N63W23991 Main Street and N63W23979 Main Street to create one lot subject to review by the Village Engineer, the standard conditions of CSM approval and Exhibit A. Motion carried 6-0. Consideration and possible action on extraterritorial review of a CSM to create three lots for Halquist Stone Company property located at N51W23563 Lisbon Road. Wade Balson, N51W23563 Lisbon Road, Sussex was present for this matter. Mr. Balson stated they are dividing the lot into three lots. Lot 1 is the location of the current office, Lot 2 is being set aside for future sale and Lot 3 is for aggregate. This property is in the Town of Lisbon. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the property is in the Town of Lisbon and will stay in the Town of Lisbon. The property is zoned Quarry with some Conservancy Wetland areas. The property owner intends to divide the property into three lots of, Lot 1 15 acres, Lot acres and Lot acres. This CSM does not impact the storm water or traffic of the Village. This CSM needs to be reviewed by the Joint Planning Committee. A motion by Goetz, seconded by Johnson to recommend to the Village Board acknowledgement of the CSM subject to the review by the Joint Planning Committee, standard conditions of CSM approval and Exhibit A. Motion carried 6-0. Reconvene the public hearing for an Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court. Debbie Beaver, W240N5651 Nina Court, spoke on behalf of William Ryan Homes. The hours of operation will be 8 am 6 pm, Monday through Friday and 9 am 3 pm on Saturday and Sunday. Ms. Beaver stated William Ryan homes agrees to meet all standards regarding (C) 1-7. William Ryan homes also agrees to the additional Plan Commission conditions set at last month s meeting which include the following; 1. Maintenance Plan for Model Home: Model / Sales and Information Center grass will be mowed once per week, or as needed in nongrowing seasons Owned lots where construction activity has not yet begun will be mowed 1 time per month, or as needed in nongrowing seasons Construction debris will be monitored daily and removed within 48 hours Streets will we swept of dirt and mud created by our vendors as needed. 2. Landscape plan and photo of model home are included in packet for Plan Commission review. 3. Once the office closes the property will be returned to a single family residence. Mr. Johnson stated the the construction debris had been cleaned up and the area looks good. There were no comments from citizens present. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the Petitioner last month at the initial Public Hearing presented evidence with respect to their compliance with the standards/regulations of the Ordinance. There was no evidence presented by the Public against or for the application. The Petitioner at this reconvened Public Hearing will present evidence towards meeting the standards of the Auxiliary Use permit and conditions of the Plan Commission at the last public hearing. A motion by Johnson, seconded by Goetz to close the public hearing. Motion carried. Consideration and possible action on an Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the Plan Commission has heard testimony on the application for the Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court.

3 It was the consensus of the Plan Commission that the following additional conditions were reasonable, practicable and measureable. The restoration to a Single Family Residence upon Termination Clause. The Landscape and Maintenance Plans. It was also the consensus of the Plan Commission that the petitioner did provide evidence proving they met the standards/regulations of the Ordiance, conditions and standards for the Auxiliary Use Permit and the additional conditions set forth by the Plan Comission. The conditions met are as follows: The Application is complete and consistent with The use(s) and plans are compliant with (C) 1-7 The Lanscape Plan and Maintenance Plan are compliant with the additional conditions placed by the Plan Commission on the Auxiliary Use Permit. The Petitioner agrees to return the property to a Single Family Residence upon termination of the Auxiliary Use Permit. A motion by Goetz, seconded by Kremer to approve the Auxiliary Use to operate a Residential Home Sales Office based upon the evidence presented at the Public Hearings, Plan of Operation, site plan, the condition to restore to a single family residence upon termination, the landscape plan and maintenance plan, for William Ryan Homes at W240N5651 Nina Court; a finding the use and structures meet the principals of (A-H); subject to the standard conditions of Exhibit A. Motin carried 6-0. Reconvene the public hearing of a Conditional Use, Plan of Operation, site plan, architecture plans, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). President Goetz stated the following: The 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. Ed Lawton spoke on behalf of Napa Auto Parts, N64W23640 Main Street. Napa Auto Parts agrees to meet all conditions regarding , (Review of CUs), (General Conditions), (B-4 District), (Site Plan Review), A3A Site Plan Standards Compliance, A3B Plan of Operation Compliance, A3C-H Various Plans Compliance (except for sprinkler system), A4-16 CU Condition Compliance, and B-L Adminstrative CU Condition Compliance as presented at the September meeting. Napa Auto Parts also agrees to 4 of the 5 the additional Plan Commission conditions set at last month s meeting: 1. Napa will have sole use of building - agree. 2. Retail access will be limited to Main Street - agree. 3. Greenspace north of building and parking lot will not be reduced without Plan Commission approval - agree. 4. Dumpster Enclosure plan will be sumitted to Plan Commission for approval if containers are to be outside - agree. 5. Building be sprinklered to NR13, Napa is requesting that the condition requiring the building be sprinklered to NR13 be removed. Joe Osterman spoke on behalf of Napa Auto Parts, N64W23640 Main Street. Retrofitting a sprinkler system is cost prohibited. The building is a masonary building and there are no wooden floor joists. Napa is an auto, truck and industrial parts supplier. There are no high risk products that require a sprinklered building. The second floor will remain vacant. If this was a hardware store which is a permited use, a sprinkler system would not me required. Mr. Osterman stated that Napa accepts all conditions except that the building be sprinklered to NR13. Fire Chief Johnsen spoke on the benefits of automatic sprinkler systems as a risk-reduction strategy within the community. Chief Johnsen stated that the Village has required sprinklers in the past which benefits visitors, occupants and fire fighters. Chief Johnsen reviewed the 2017 NFPA study on data collected from which illustrated a reduction of injuries and deaths in buildings that had automatic sprinkler

4 systems. He commented that the Village even required the Pauline Haass Public Library to update their sprinkler system when it needed repairs. This is a unique situation since there is an adjacent structure three feet from the building and it is possible for a fire to jump to the nearby building. Mr. Smith stated that the average cost to retrofit a sprinkler system is $2 - $7 per square foot, so approximately $22,000 - $77,000 for this building. Village Engineer Judith Neu explained the reasoning behind the condition that access should be limited to Main Street. The roads behind the building are in a residential area, were designed for lite traffic and have no sidewalks, therefore delivery trucks should not use those roads. Mr. Smith stated that NAPA shall have sole use of the building because storm water will become an issue with more than one user. The dumpster is a standard of code and can be approved without a new public hearing. Mr. Lawton stated, per Act 67 any condition must be reasonable, measurable, and supported by substantial evidence, not personal opinion. Comparisons to other similar buildings count, but were not given. Code does not require a sprinkler system be installed in a building of this size in the industrial or business district. Mrs. Schauer asked if a new building of this square footage for this type of use would be required to be sprinklered. Staff responded no. Mr. Smith clarified a few facts for the record. The Village did file an Act 270 appeal and were informed that the Village s Municipal Code does comply with the new state law. The Library was a grandfathered building, but the Village updated the sprinkler system because it was the right thing to do. The NAPA building is a unique situation as it is very close to the garage to the west. Attorney Macy stated that counsel is correct in saying that any conditions must be supported by substainial evidence. Mr. Macy read the state statute defining substainial evidence to the Plan Commission. Mr. Macy informed the Plan Commission that the petitioner had agreed to all conditions other than the sprinkler system and they must decide on wether to close the public hearing or continue with additional conditions. Mr. Osterman stated that if this was a permitted use, no sprinkler system would be required. There were no comments from citizens present. Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating Napa Auto Parts was granted a Conditional Use Permit February 20, 2018 to allow the sales of vehicle parts in the B-4 Central Mixed Use District. 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 for the retail and parts storage and the second floor will be used for office space/storage, the building is 11,350 square feet. Hours of operation will be Monday through Sunday 6:00 a.m. to 9:00 p.m. One of the conditions in the CU, A.3.E.1., the petitioner is required to add a sprinkler system for the entire building as it is essential for safety and welfare. The petitioner has stated that this condition is not allowed under the new State Law because the record during the public hearing provided no substantial proof for the condition, among other reasons. The original petition came in as the State Law was changed and was processed as the Village transitioned into the new CU process. As such the process was not consistent with how the Village handle CU s at this point. Based upon the advice of the Village Attorney and the requests of the petitioner the Village is going to redo this CU in full compliance with the current standards. Please see the letter from the Petitioner for more information. The Petitioner last month at the initial Public Hearing presented evidence with respect to their compliance with the standards/regulations of the Ordinance. There was no evidence presented by the Public against or for the application. The Petitioner at this reconvened Public Hearing will present evidence towards meeting the standards of the CU permit and conditions of the Plan Commission at the last public hearing.

5 A motion by Goetz, seconded by Johnson to close the public hearing. Motion carried 6-0. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, architecture plan, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). Mrs. Fluet reviewed the Plan Staff Memo (copy attached); stating the Plan Commission has heard testimony on the application for the Conditional Use and Conditional Use Permit, site plan, architecture plan, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts. It was the consensus of the Plan Commission that the following additional conditions were reasonable, practicable and measureable: Napa shall have sole use of the building. The retail access shall be limited to Main Street. No reduction in the Greenspace north of the building and parking lot without Plan Commission approval. A Dumpster Enclosure plan shall be submitted for Plan Commission approval if refuse and recycling containers are to be outside. The Plan Commissin could not come to agreement on the following condition: The Building will be sprinklered to a NFPA- 13. Comissioners Kremer and Anderson voiced opposition to the sprinkler condition. Plan Commission discussed evidence regarding the building be sprinklered. Mrs. Kremer, Mrs. Anderson and Mrs. Schauer both stated they had issue with the fact that a new building for this use would not need to be sprinklered. Mr. Goetz commented that public safety is reason enough to require a sprinkler system. Mr. Johnson stated that he has always been in favor of sprinklered buildings, but is having issue with old vs. new not needing a system. When is was a furniture store, the building was not sprinklered. Mr. Adkins felt the age of the building could affect its safety. He stated that in his opinion, even residential residences should be sprinklered. Mrs. Schauer stated that the system is not required based on the facts presented. Mr. Adkins stated he felt that items stored on the seconded floor could prove to be more combustable than those on the first floor. It was the consensus of the Plan Commission that the petitioner did provide evidence proving they meet the standards/regulations of the Ordiance, conditions and standards for the Conditional Use Permit and the additional conditions set forth by the Plan Comission. The conditions met are as follows: The Application is complete and consistent with The use(s) and plans are compliant with (Review of CU s). The use(s) and plans are compliant with (General Conditions). The uses(s) and plans are compliant with (B-4 District). The uses(s) and plans are compliant with (Site Plan Review). A.3.A. Site Plan Standards compliance. A.3.B. Plan of Operation compliance. A.3.C.-H. Various Plan(s) compliance (except for sprinkler system). A CU condition compliance. B-L. Administrative CU Condition compliance. A motion by Goetz, seconded by Adkins to approve the Conditional Use based upon the evidence presented at the Public Hearings, Plan of Operation, site plan, architecture plan with the addition of A.3.E.1.(sprinkler system), sign plan, traffic 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 standard conditions of Exhibit A. Motion not carried. Upon the vote being taken, the following voted Aye - Goetz and Adkins, Nay - Schauer, Johnson, Kremer and Anderson. Motion failed 2-4. A motion by Kremer, seconded by Schauer to approve the Conditional Use based upon the evidence presented at the Public Hearings, Plan of Operation, site plan, architecture plan excluding A.3.E.1.(sprinkler system), sign plan, traffic 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 standard conditions of Exhibit A. Motion carried 4-2.

6 Adjournment A motion by Goetz, seconded by Kremer to adjourn the meeting at 7:45 pm. Motion carried 6-0. Respectfully Submitted, Linda Steinmetz Deputy Clerk

7 Indu MEMORANDUM N64W23760 Main Street Sussex, Wisconsin Phone (262) FAX (262) Website: TO: Plan Commission FROM: Kasey Fluet, Assistant Development Director RE: Plan Commission meeting of October 16, 2018 DATE: October 10, 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 September 18, Consideration and possible action on Permitted Uses and Site Plans: A. Consideration and possible action on a Plan of Operation and site plan, for Wisconsin Hemp Scientific LLC (N63W22595 Main Street). This site is zoned M-1. The processing of hemp oil is a permitted use in accordance with Section (A)(3)(a)(4). Wisconsin Hemp Scientific LLC was issued an Industrial Hemp Processor license May 15, 2018 from the Wisconsin Department of Agriculture, Trade and Consumer Protection. The company will covert hemp biomass into hemp oil. The oil will be bottled and distributed to retailers or other processors for consumer purchase, there will be no retail sales at this location. Hours of operation will be Monday through Sunday 7:00 a.m. to 7:00 p.m. This site has 78 parking spaces with 46 allocated to other user, this user requires four per code. Any signage for this building must 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 plans. Staff Recommendation: Staff recommends the Plan Commission approve the Plan of Operation and site plan for Wisconsin Hemp Scientific (N63W22595 Main Street); a finding that the use and structures meet the principals of (A-H), subject to the standard conditions of Exhibit A. 04. Consideration and possible action on CSM s, Plats, Zoning, and Planning Items: A. Consideration and possible action on a CSM to combine two properties to one N63W23991 Main Street and N63W23979 Main Street known as Paul s Certified Auto. This site is zoned B-4. The owner of Paul s Certified Auto is requesting to combine the two abutting properties he owns to one property. The combination will create a new lot size of Plan Staff Memo for Plan Commission October 16,

8 .53 acres consisting of the main building, Paul s Auto repair business and a detatched garage. The CSM will also clean up the dedicated right of way on Maple and Main. Policy Question: 1. Are there any concerns with the CSM? Action Items: 1. Act on the CSM. Staff Recommendation: Staff recommends the Plan Commission recommend approval of the CSM to the Village Board to combine lots N63W23991 Main Street and N63W23979 Main Street to create one lot subject to review by the Village Engineer, the standard conditions of CSM approval and Exhibit A. B. Consideration and possible action on extraterritorial review of a CSM to create three lots for Halquist Stone Company property located at N51W23563 Lisbon Road. This property is in the Town of Lison and will stay in the Town of Lisbon. The property is zoned Quarry with some Conservancy Wetland areas. The property owner intends to divide the property into three lots of, Lot 1 15 acres, Lot acres and Lot acres. This CSM does not impact the stormwater or traffic of the Village. This CSM needs to be reviewed by the Joint Planning Committee. Policy Question: 1. What concerns are there with the CSM? Action Items: 1. Act on CSM Staff Recommendation: Staff recommends the Plan Commission recommend to the Village Board acknowledgement of the CSM subject to the review by the Joint Planning Committee, standard conditions of CSM approval and Exhibit A. 05. Conditional Use Public Hearing(s) and consideration and possible action on Conditional Use Permits and Plans on the following items: A. Reconvene the public hearing for an Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court. The Petitioner last month at the initial Public Hearing presented evidence with respect to their compliance with the standards/regulations of the Ordinance. There was no evidence presented by the Public against or for the application. The Petitioner at this reconvened Public Hearing will present evidence towards meeting the standards of the Auxiliary Use permit and conditions of the Plan Commission at the last public hearing. The Auxiliary Use Permit standards to be met (C) Residential Home Sales Office Auxiliary Uses 1. Any auxiliary use within a residential zoning district that involves sales, office hours, or other use in which persons may be present on the premises Plan Staff Memo for Plan Commission October 16,

9 shall be conducted only during the following hours: from 8:00 a.m. to 6:00 p.m., Monday through Friday; and from 9:00 a.m. to 3:00 p.m. on Saturdays, Sundays and holidays. 2. No structure may be used until it is approved for use by the Village Building Inspector and has an occupancy permit. 3. No more than two sales or office employees may be on site at any one time. 4. The premises shall comply with all current and future applicable codes, laws, statutes, ordinances, policies and guidelines of the village, Waukesha County, the State of Wisconsin, and the federal government as determined by the Building Inspector. 5. The Plan Commission may establish additional reasonable conditions upon the auxiliary use, which shall be stated in writing to the applicant at the time of issuance of the auxiliary use permit. 6. The auxiliary use may be revoked by the Plan Commission upon a reasonable finding that the conditions of approval have been violated. The auxiliary use may also be revoked by the Plan Commission after reasonable notice is given to the applicant, upon a finding that the changing character of the surrounding area causes the auxiliary use to no longer be compatible with the surrounding area; or that the temporary use is not consistent with the original intent; or for similar cause, based upon consideration of the public welfare. 7. Auxiliary uses shall expire one year from the date of issuance. The Plan Commission may renew an auxiliary use permit in this section for one additional year upon application for a renewal, subject to all the conditions noted herein. The additional Plan Commission conditions: The Petitioner shall present a landscape plan and maintenance plan as a condition required by the Plan Commission. The Petitioner has also agreed to the Plan Commission condition of returning the property to a Single Family Residence upon termination of the auxiliary use. The Petitioner, Public and Plan Commission will have a chance to present evidence and discuss the Auxiliary Use Order. Policy Questions: 1. Is there any further unanswered questions by the Plan Commission or any other items requiring a continuation of the Public Hearing? Action: 1. Close the public hearing or continue the public hearing with specific information sought by the Petitioner/Public. B. Consideration and possible action on an Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court. Staff has prepared an auxiliary use document for consideration at this meeting. The Plan Commission has heard testimony on the application for the Auxiliary Use, Plan of Operation and site plan to operate a Residential Home Sales Office as an Auxiliary Use Section (C) for William Ryan Homes at W240N5651 Nina Court. Policy Questions: Has the Petitioner provided substantial evidence proving they meet the standards/regulations of the Ordinance, the conditions and standards of the Auxiliary Use Plan Staff Memo for Plan Commission October 16,

10 Permit, and the other conditions as setforth by the Plan Commission? If No, the deficiency will need to be detailed. Are the following additional conditions required by the Plan Commission reasonable and, to the extent practicable, measureable: The restoration to a Single Family Residence upon Termination Clause The Landscape Plan and Maintenance Plan Has the Petitioner provided substantial evidence with regards to the following Standards/Regulations: The Application is complete and consistent with The use(s) and plans are compliant with (C) 1-7 The Lanscape Plan and Maintenance Plan are compliant with the Additional conditions placed by the Plan Commission on the Auxiliary Use Permit. The Petitioner agrees to return the property to a Single Family Residence upon termination of the Auxiliary Use Permit. Action Items: 1. Act on the Auxiliary Use, Plan of Operation and various plans. Staff recommends: Staff recommends approval of the Auxiliary Use to operate a Residential Home Sales Office based upon the evidence presented at the Public Hearings, Plan of Operation, site plan, the condition to restore to a single family residence upon termination, the landscape plan and maintenance plan, for William Ryan Homes at W240N5651 Nina Court; a finding the use and structures meet the principals of (A- H); subject to the standard conditions of Exhibit A C. Reconvene the public hearing of a Conditional Use, Plan of Operation, site plan, architecture plans, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). Napa Auto Parts was granted a Conditional Use Permit February 20, 2018 to allow the sales of vehicle parts in the B-4 Central Mixed Use District. 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 for the retail and parts storage and the second floor will be used for office space/storage, the building is 11,350 square feet. Hours of operation will be Monday through Sunday 6:00 a.m. to 9:00 p.m. One of the conditions in the CU, A.3.E.1., the petitioner is required to add a sprinkler system for the entire building as it is essential for safety and welfare. The petitioner has stated that this condition is not allowed under the new State Law because the record during the public Plan Staff Memo for Plan Commission October 16,

11 hearing provided no substantial proof for the condition, among other reasons. The original petition came in as the State Law was changed and was processed as the Village transitioned into the new CU process. As such the process was not consistent with how the Village handle CU s at this point. Based upon the advice of the Village Attorney and the requests of the petitioner the Village is going to redo this CU in full compliance with the current standards. Please see the letter from the Petitioner for more information. The Petitioner last month at the initial Public Hearing presented evidence with respect to their compliance with the standards/regulations of the Ordinance. There was no evidence presented by the Public against or for the application. The Petitioner at this reconvened Public Hearing will present evidence towards meeting the standards of the CU permit and conditions of the Plan Commission at the last public hearing. The Conditional Use Permit standards to be met. A. This conditional use is granted for Petitioner, for the above enumerated uses, subject to the following conditions: 1. Presentation Compliance. The operation of vehicle parts store is approved herein on the Subject Property, and the use thereof, shall be constructed and used in substantial conformity with the presentations at the Public Hearing before the Village of Sussex Plan commission held on September 18 and October 16, Subject Property. This conditional use permit issued to the Petitioner, shall be limited to the property described in Exhibit A attached hereto and incorporated herein and to the site plan presented at public hearing. No other tenant other than the vehicle parts store may operate in or on the Subject Property without Plan Commission approval. 3. Plans. The Petitioner is required and must have all plans current, approved by the Plan Commission for the Village of Sussex, and on file with the Plan Commission for the Village of Sussex. The Petitioner shall be entitled to amend or change any plan contemplated herein subject to the aforementioned conditions and subject to the Plan Commission for the Village of Sussex approval and without a public hearing, if such amendments and/or change is not a substantial change from the original plan as approved and as allowed herein. Any amendment or change in any plan contemplated herein that the Plan Commission for the Village of Sussex feels, in its sole discretion, to be substantial will require a new permit and all Village procedures in place at the time must be followed. A. Site Plan. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific site plan for the Subject Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. Once approved the site plan shall be attached hereto and incorporated herein as Exhibit B. B. Plan of Operation. The Petitioner shall submit to and receive approval Plan Staff Memo for Plan Commission October 16,

12 from the Village Plan Commission a specific plan of operation for the Subject Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. Once approved the plan of operation shall be attached hereto and incorporated herein as Exhibit C. 1. Hours of Operation. Hours of operation on the Subject Property shall be limited to the hours set forth in Exhibit C. 2. Outdoor Uses. Are not permitted except temporarily per an approved auxiliary use permit. C. Traffic and Access Plans. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific traffic and access plan for the Subject Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. No retail traffic shall access the site from the subject property s Hillview Road Driveway. Once approved the plan shall be attached hereto and incorporated herein as Exhibit D. D. Fence, Landscaping, Berm, and Open Space Utilization Plan. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific Fence, Landscaping, Berm, and Open Space Utilization Plan for the Subject Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. Once approved the plan shall be attached hereto and incorporated herein as Exhibit E. 1. The open Greenspace north of the building and parking lot shall remain greenspace unless otherwise approved by the Plan Commission with a public hearing. E. Architectural and Building Plan. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific plan for architectural and building for the Subject Property, the same to be ins substantial conformance with the preliminary plans on file with the presentation at the Meetings. Once approved the plan shall be attached hereto and incorporated herein as Exhibit F. 1. The building shall be fully sprinkled as a NFPA A dumpster enclosure is required if the refuse and recycling containers are not maintained inside the building. Such plan once approved by the Plan Commission shall be attached hereto and incorporated herein as Exhibit F-1. A new public hearing is not required for approval of the dumpster enclosure plan. F. Lighting. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific lighting plan for the Subject Plan Staff Memo for Plan Commission October 16,

13 Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. Once approved the plan shall be attached hereto and incorporated herein as Exhibit G. G. Public Improvements. The Petitioner shall comply with the specific public improvement plan on file with the Village Clerk. H. Signage. The Petitioner shall submit to and receive approval from the Village Plan Commission a specific signage plan for the Subject Property, the same to be in substantial conformance with the preliminary plans on file and with the presentations at the Meetings. Once approved the plan shall be attached hereto and incorporated herein as Exhibit H. 1. The existing pole sign must be removed before approval of a sign permit for the property or prior to occupancy of the building, whichever comes first. 4. Adult-Oriented Materials. No adult-oriented materials or pornographic videotapes, magazines, or gift items will be sold or rented from the subject facility. 5. Licenses. The Petitioner shall be required to obtain any and all required licenses and permits from the Village, County, State, and Federal Government. If any license or permit is issued, any and all conditions of the same are incorporated herein and made a part of this conditional use permit. These licenses may include, but are not limited to arcade licenses and child care licenses. 6. Laws. The Petitioner shall comply with all Federal, State, County, and local rules, codes, ordinances, and regulations in the construction, operation, and maintenance of the Subject Property. 7. Building and Fire Inspection. The Petitioner is required to keep the Subject Property in compliance with all federal, State, and local laws, statutes, codes, ordinances, policies, and guidelines as determined by the Building and Fire Inspectors of the Village of Sussex. 8. Aesthetics. The Petitioner is required to properly maintain the Subject Property at all times and in full compliance with the Village Property Maintenance Code, Section 9.07 to the satisfaction of the Plan Commission for the Village of Sussex. 9. Junk. No junk shall be accumulated or stored on the Subject Property. No burying or burning of junk is permitted on the Subject Property. 10. Temporary Use or Activity. No temporary use or special activity or event shall be permitted without prior approval of the Plan Commission of the Village of Sussex and the same must be in compliance with all ordinance, rules, and regulations of the Village of Sussex and all necessary permits must be obtained. 11. Fees and Expenses. The Petitioner, upon issuance of this conditional use permit, shall reimburse the Village of Sussex for all expenses incurred by the Village, including, but not limited to, expenses for the Village Administrator, Plan Staff Memo for Plan Commission October 16,

14 Village Engineer, Village Attorney, and all other professionals and technical assistance realized by the Village in approving and granting this conditional use permit. The Village Clerk shall provide the Petitioner with copies of all itemized invoices. 12. Review. The Plan Commission for the Village of Sussex reserves its right to review the operation and amend the conditional use permit as the Plan Commission for the Village of Sussex deems appropriate. 13. Enforcement. Any attorney fees incurred by the Village of Sussex to enforce any of the conditions or requirements of this conditional use permit must be paid by the Petitioner. 14. Complaints. In the event the Petitioner receives any complaints with regard to the operation authorized by this conditional use, the Petitioner shall respond to such complaints in writing within a reasonable time not to exceed two weeks from the date of the complaint and shall provide a copy of the written response to the Sussex Village Administrator within the same period of time. If the complaint was made in writing, the copy provided to the Village Administrator shall include a copy of the complaint. 15. No Nuisance. The Village reserves the right to rescind its approval of this conditional use permit based upon the finding that the sue is incompatible and a nuisance to surrounding uses, that the use is not in the public interest, or that the use adversely affects the use of adjacent lands, provided the Petitioner is given an opportunity to be heard on the matter and, if so rescinded the Petitioner and Subject Property shall thereupon be immediately subject to the Village of Sussex Zoning Ordinances, as applicable, regarding the use of the Subject Property as though no conditional use permit was granted. 16. Acceptance. The Petitioner, upon granting of this conditional use permit, shall agree to accept the same in writing. C. Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to the classification of use, the question shall be submitted to the Plan Commission for the Village of Sussex for determination. D. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the Village of Sussex, the County of Waukesha, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the Subject Property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law. E. This conditional use hereby authorized shall be confined to the Subject Property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Plan Commission for the Village of Sussex as being in compliance with all pertinent ordinances. F. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the Petitioner be delinquent in payment Plan Staff Memo for Plan Commission October 16,

15 of any monies due and owing to the municipality, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Plan Commission for the Village of Sussex pursuant to the enforcement provisions of this Conditional Use Order, and applicable ordinances. G. Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises (including, but not limited to any change to the boundary limits of the subject property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all Village procedures in place at the time must be followed. H. Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended upon the prior approval of the Plan Commission if the Plan Commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Plan Commission, in its sole discretion, finds to be substantial shall require a new permit, and all procedures in place at the time must be followed. I. Should any paragraph or phrase of this conditional use permit be determined by a Court to be unlawful, illegal, or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. J. This conditional use permit shall be effective for an initial term that ends five years from the date of January 1 of the year the conditional use is approved. During the final year of the 5 year term of the CU the Village Administrator or designee shall examine the record to determine if concerns about the operation have been raised in writing by the public, a governmental body or official, or anyone else, and shall also review the site and the adjoining area for compliance with the conditions of the CU. If based upon that review the use of the property is compatible with the surrounding areas and the Petitioner is in substantial compliance with all terms of this conditional use agreement, then, in that event, the Conditional Use can be automatically renewed for another 5 year term. If based upon that review the Village Administrator finds concerns about compliance with the conditions of the Conditional Use, the Petitioner shall be brought back before the Plan Commission for consideration of the renewal. The Petitioner shall have the responsibility to apply for the renewal by January 30 th of the final year of the term of the CU. Failure of Petitioner to apply for the renewal as provided herein shall be deemed a violation of the conditions of the conditional use and may serve as a basis for termination of the conditional use permit. The Plan Commission for the Village of Sussex may add additional conditions at any time. 1. Where the changing character of the surrounding area causes the original conditional use or subsequent approved amendments thereto to no longer be compatible with the surrounding area, or for similar cause, based upon consideration for the public welfare, the conditional use order and any subsequent approved amendments or changes may be terminated by action of the Plan Commission of the Village of Sussex. Such use shall thereafter be classified as a legal nonconforming use as it was permitted to exist on the day it was terminated. 2. Where this permitted conditional use does not continue in conformity with the conditions of the original approval or subsequent approved amendments or Plan Staff Memo for Plan Commission October 16,

16 changes, the conditional use grant and any subsequent approved amendments thereto may be amended or terminated by action of the Plan Commission for the Village of Sussex. The Plan Commission for the Village of Sussex may require complete termination of such use. 3. This conditional use may be reviewed annually. Additionally, this conditional use may be reviewed by the Plan Commission for the Village of Sussex at any time upon complaint or upon Plan Commission initiative. K. Upon acceptance by Petitioner of this conditional use permit, all prior conditional use permits granted to the Subject Property are hereby revoked and terminated. L. If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission for the Village of Sussex. M. If any paragraph or phrase of this conditional use order is declared by a Court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific paragraph or phrase thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or portions thereof of this order. The remainder of the order shall remain in full force and effect. The additional Plan Commission conditions: The Petitioner shall present compliance with the following: Napa shall have sole use of the building. The retail access shall be limited to Main Street No reduction in the Greenspace north of the building and parking lot without Plan Commission approval. A Dumpster Enclosure plan shall be submitted for Plan Commission approval if refuse and recycling containers are to be outside. The Building will be sprinklered to NR 13. The Petitioner, Public and Plan Commission will have a chance to present evidence and discuss the Conditional Use Order. Policy Questions: 1. Is there any further unanswered questions by the Plan Commission or any other items requiring a continuation of the Public Hearing? Action: 1. Close the public hearing or continue the public hearing with specific information sought by the Petitioner/Public. Plan Staff Memo for Plan Commission October 16,

17 D. Consideration and possible action on a Conditional Use, Plan of Operation, site plan, architecture plan, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts (N64W23640 Main Street). Staff has prepared a conditional use document for consideration at this meeting. The Plan Commission has heard testimony on the application for the Conditional Use and Conditional Use Permit, site plan, architecture plan, sign plan, traffic plan, landscape plan and lighting plan for Napa Auto Parts. Policy Questions: Has the Petitioner provided substantial evidence proving they meet the standards/regulations of the Ordinance, the conditions and standards of the Conditional Use Permit, and the other conditions as setforth by the Plan Commission? If No, the deficiency will need to be detailed. Are the following additional conditions required by the Plan Commission reasonable and, to the extent practicable, measureable: Napa shall have sole use of the building. The retail access shall be limited to Main Street. No reduction in the Greenspace north of the building and parking lot without Plan Commission approval. A Dumpster Enclosure plan shall be submitted for Plan Commission approval if refuse and recycling containers are to be outside. The Building will be sprinklered to a NFPA- 13. Has the Petitioner provided substantial evidence with regards to the following Standards/Regulations: The Application is complete and consistent with The use(s) and plans are compliant with (Review of CU s) The use(s) and plans are compliant with (General Conditions) The uses(s) and plans are compliant with (B-4 District) The uses(s) and plans are compliant with (Site Plan Review) Has the Petitioner provided substantial evidence with regards to the Conditional Use Permit as follows: A.3.A. Site Plan Standards compliance A.3.B. Plan of Operation compliance A.3.C.-H. Various Plan(s) compliance Plan Staff Memo for Plan Commission October 16,