Mayor Lois called the Plan Commission meeting to order this Tuesday evening at 6:30 p.m. followed by roll call: Commissioners Bob Schulte, John Thate, Bill Milatz, Tom Vos, John Lynch Jr. and Bob Henney. Also present were City Administrator, David Torgler, Building Inspector, Patrick Scherrer and Patrick Meehan, Meehan & Company, Inc.

Commissioner Schulte moved and Commissioner Thate seconded to approve the minutes of November 14, 2006. All were in favor and the motion carried.

Citizen Comments – Mayor Lois stated that item G on this evening’s agenda regarding the construction of a group home is being tabled tonight as the developer requested.

Mr. Erwyn Fonk, 164 North Kendrick, City of Burlington, voiced concerns regarding the group home that is proposed to go in over on Summit Avenue. He stated that he was concerned about the stormwater rules and if it would be compliant with Federal codes.

Mayor Lois opened the public hearing at 6:33 p.m.

There were no comments.

Commissioner Vos moved and Commissioner Thate seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:34 p.m.

Mayor Lois opened the public hearing at 6:34 p.m.

Several City of Burlington residents voiced their approval of the tattoo parlor: Mr. Brian Finucane, 416 Edward Street; Patty Miller, 637 Meadow Lane; Greg Milo, 249 East Chestnut Street; Andrew & Dawn Reiherzer, 466 McHenry Street and Jose Aranda, 241 East Chestnut Street.

Ms. Lorie Spiewak, 261 East Chestnut Street, City of Burlington voiced her concern over having two tattoo parlors in the downtown area of the City.

Commissioner Milatz moved and Commissioner Vos seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:37 p.m.

Mayor Lois opened this issue for discussion.

Mr. Hans Zietlow, Director of Real Estate for of Kwik Trip, informed the Commission that they would comply with all of Pat Meehan’s recommendations.

There were no further comments.

Commissioner Lynch moved and Commissioner Vos seconded to approve a Site Plan application from Kwik Trip for property located at 6015 S. Pine Street to allow for the construction of a gas station/convenience store and carwash, subject to the conditions as stated in Patrick Meehan’s November 30, 2006 memo to the Plan Commission as follows:

• That the Common Council holds a public hearing on the proposed rezoning pursuant to the requirements of Article XII of the City Zoning Ordinance. Since the subject property is planned for commercial uses under the City's adopted "South STH 83 & South Bypass Corridor Plan," Meehan & Company, Inc. recommends that the rezoning of the subject property to the B-1 Neighborhood Business District be approved by the Common Council.

• That the City Plan Commission hold the required public hearing on the Conditional Use Application for the proposed gasoline service station, carwash, and outdoor display of merchandise for the subject property.

• The rezoning of the subject property into the B-1 Neighborhood Business District by the Common Council.

• All of those drawings and materials submitted by the applicant

• That the subject property be appropriately rezoned into the B-1 Neighborhood Business District to accommodate the proposed gasoline service station and carwash uses at the subject property.

• The proposed drive setback which parallels STH 83 (S. Pine Street) needs to be increased from its current range of from 20 to 27 feet to an overall minimum of 30 feet and all affected plans need to be revised and resubmitted to the City for City staff review for compliance with this 30-foot setback.

• Construction on the north side of the property of a minimum 6-foot tall solid fence plus the installation of an additional 1 canopy tree and 4 understory trees in this bufferyard area. A revised Landscape Plan must be submitted indicating these additional required features in the north landscape bufferyard area.

• Construction on the south side of the property of a minimum 6-foot tall solid fence plus the installation of 2 canopy trees, 5 understory trees, and 16 shrubs in this bufferyard area. A revised Landscape Plan must be submitted indicating these additional required features in the south landscape bufferyard area.

• As currently presented on the submitted Landscape Plan, no sizes are indicated for the shrubs proposed. The provisions of Section 315-48(D)(6)(b) of the City Zoning Ordinance require that the required shrubs be a minimum size of 2 feet tall at the time of installation. In addition, all required understory trees need to be a minimum of 1.5-inch caliper at the time of installation. Therefore, a revised Landscape Plan must be submitted to the City staff for review for compliance with this requirement.

• It is recommended that the City Engineer review the placement of the proposed ground-mounted sign at the intersection of the proposed drive with STH 83 (S. Pine Street) and the Landscape Plan for conformance with all other requirements.

• No outdoor display shall be permitted that is not accessory to an enclosed principal building.

• A catalog page, cut sheet, or photograph of the luminaire including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cut-off angles. This data must be submitted by the applicant.

• A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire. This data must be submitted by the applicant.

• While the maximum allowable footcandle level and luminaire heights have not been exceeded (based upon the data set forth on the "Lighting Plan" Sheet E1 dated 9/8/06 as prepared by Kwik Trip Stores and Insites), Meehan & Company, Inc. cannot determine if the proposed luminaires are total cut-off fixtures since a catalog page, cut sheet, or photograph of the luminaire including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cut-off angles have not been submitted.

• The size (height, width, area, etc.) of all ground-mounted signs must be indicated on the Site Plan drawing.

• The building heights of both the convenience store/gas station and carwash buildings must be indicated on the Site Plan drawing.

• In order to afford vehicular access between the subject property and the northerly abutting property and thereby minimize potential traffic conflicts, that the northernmost internal driveway which is located parallel to STH 83 be extended to the northern property line in order to afford a future drive connection with the northern abutting property and a revised Site Plan submitted to the City accordingly.

• The proposed on-site directional signage is proposed to be 5 square feet in area which does not meet the code requirement. If such signs are installed, the requirements of Section 315-64(D) must be met.

• Amended signage plans meeting the requirements of Section 315-71(D) of the City Zoning Ordinance must be submitted to the City Building Inspector which eliminates wall, fascia, awning/canopy, marquee, and graphic signs from the north, south and east-facing elevations of the gas station/convenience store, canopy, and car wash structures.

• The proposed freestanding pylon and message center sign appears to exceed the code requirement and will need to be amended and revised signage plans meeting this requirement submitted to the City Building Inspector for review.

• All required revised signage plans must be submitted to the City Building Inspector for review for compliance with City codes.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Schulte moved and Commissioner Vos seconded to recommend approval of An Ordinance amending Section 315-26M "Prohibition of long-term truck parking unless screened from view" in the B-1 Neighborhood Business District of Chapter 315 "Zoning" of the City of Burlington Municipal Code to allow hotel and motel guests driving trucks to park overnight.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Vos moved and Commissioner Lynch seconded to approve a Conditional Use Application for 160 E. Chestnut Street from MaryAnn Hinds to allow for a tattoo and body piercing parlor, subject to Patrick Meehan’s December 4, 2006 memo to the Plan Commission as follows:

• The facility must be properly licensed pursuant to ch. HFS 173 of the Wisconsin Administrative Code.

• That all principal structures are not less than 300 feet from the lot lines of schools.

• That a window to the establishment is large enough to provide an unobstructed view of the persons in the waiting area.

• No Establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m.

• That proof of licensure of the establishment and all practitioners working therein must be posted for public viewing on-premises and submitted to the City prior to issuance of a conditional use permit and by August 1^st annually thereafter submitted to the City annually. [Note: A copy of a State of Wisconsin, Department of Health and Family Services, Division of Public Health license for Charles O. Hinds II as a "tattooist" was submitted by the applicant with the application for a Conditional Use Permit.]

• For each tattoo and/or body piercing station present in the business, there shall be two chairs provided in the waiting area.

• No more than three customers per practitioner on duty shall be allowed in the business at any one time.

• The maximum number of employees present may not exceed the number of stations, plus one.

• In no event shall the occupancy by employees and customers exceed the maximum occupancy permitted by the Fire Code or Building Code, whichever is less

• That the Conditional Use Permit is not transferable to a new owner or operator of the establishment.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Lynch moved and Commissioner Henney seconded to approve a Conditional Use Application for 241 E. Chestnut Street from Christopher Haase to allow for a tattoo and body piercing studio, subject to Patrick Meehan’s December 4, 2006 memo to the Plan Commission as follows:

• The facility needs to be properly licensed pursuant to ch. HFS 173 of the Wisconsin Administrative Code.

• That all principal structures are not less than 300 feet from the lot lines of schools. [Note: The proposed location of the proposed conditional use meets this requirement.]

• That a window to the establishment is large enough to provide an unobstructed view of the persons in the waiting area.

• No Establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m.

• That proof of licensure of the establishment and all practitioners working therein must be posted for public viewing on-premises and submitted to the City prior to issuance of a conditional use permit and by August 1^st annually thereafter.

• For each tattoo and/or body piercing station present in the business, there shall be two chairs provided in the waiting area.

• No more than three customers per practitioner on duty shall be allowed in the business at any one time.

• The maximum number of employees present may not exceed the number of stations, plus one.

• In no event shall the occupancy by employees and customers exceed the maximum occupancy permitted by the Fire Code or Building Code, whichever is less

• That the Conditional Use Permit is not transferable to a new owner or operator of the establishment.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Vos moved and Commissioner Milatz seconded to recommend approval to the Common Council of a rezoning request from Hans Zietlow on behalf of Convenience Store Investments/Kwik Trip to rezone 6015 S. Pine Street from M-1, Light Manufacturing District to B-1, Neighborhood Business District, subject to the conditions as stated in Patrick Meehan’s November 30, 2006 memo to the Plan Commission as follows:

• That the Common Council hold a public hearing on the proposed rezoning pursuant to the requirements of Article XII of the City Zoning Ordinance. Since the subject property is planned for commercial uses under the City's adopted "South STH 83 & South Bypass Corridor Plan," Meehan & Company, Inc. recommends that the rezoning of the subject property to the B-1 Neighborhood Business District be approved by the Common Council.

• The rezoning of the subject property into the B-1 Neighborhood Business District by the Common Council.

• That the subject property be appropriately rezoned into the B-1 Neighborhood Business District to accommodate the proposed gasoline service station and carwash uses at the subject property.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Commissioner Lynch questioned if the landfill would affect the little league building. Mayor Lois stated that the little league building is toward the edge of the landfill and would not affect it.

Commissioners questioned if the methane gas issues were being addressed as well as why the I-1 District area on the map is not being changed. Mayor Lois noted that the methane gas is being addressed and the I-1 District area on the map is where the Department of Public Works building is located, which will remain that zoning.

There were no further comments.

Commissioner Vos moved and Commissioner Henney seconded to recommend approval to the Common Council of a rezoning request from the City of Burlington to rezone lands lying southeast of Milwaukee Avenue and northeast of Maryland Avenue from M-1, Light Manufacturing District to P-1, Park District and from Rm-2, Multiple Family Residence to M-1, Light Manufacturing District.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Schulte moved and Commissioner Vos seconded to recommend approval to the Common Council of a rezoning request and Certified Survey Map from Mark Lake, on behalf of Redmond Commercial Development Corporation, to rezone lands lying on both sides of Buckley Street and south of Milwaukee Avenue (Hwy. 36/83) from Rm-3/PUD, Low Density Multiple Residence District with a Planned Unit Development Overlay to C-1, Conservancy District; RM-3/PUD, Low Density Multiple Residence District with a Planned Unit Development Overlay to B-1/PUD, Neighborhood Business District with a Planned Unit Development Overlay; B-1, Neighborhood Business District to B-1/PUD, Neighborhood Business District with a Planned Unit Development Overlay; B-1, Neighborhood Business District to C-1, Conservancy District and FC, Floodplain Conservancy District to FW, Floodway District, subject to the conditions as stated in Patrick Meehan’s December 5, 2006 memo to the Plan Commission as follows:

• The rezoning of the entire subject property into the PUD Planned Unit Development Overlay District; the proposed rezoning of the eastern portion of the subject property from the Rm-3 Low Density Multiple-Family Residential District to the B-1 Neighborhood Business District; the rezoning of the existing deed restricted and planned conservancy areas of the subject property (excluding 100-year recurrence interval floodplain areas) into the C-1 Conservancy District; and the redelineation and rezoning of the FW Floodway District boundaries of the subject property.

• The rear yard setback required in the B-1 District is 25 feet. Sheet 4 of the proposed Certified Survey Map indicates a rear yard building setback of only 10 feet proposed for Parcel 2. The required 25-foot building setback must be corrected on the proposed Certified Survey Map and a revised Certified Survey Map submitted to the City.

• The proposed Certified Survey Map appears to meet the various mandated requirements of the City Subdivision of Land Ordinance as set forth in Section 278-39 of that Ordinance except as follows:

• While a requirement of Section 278-39 is that both existing and proposed contours be indicated on the proposed Certified Survey Map, it is recommended that the City waive that requirement since the applicant has submitted this data as an integral part of the PUD District rezoning and Site Plan review and that adding such information to the proposed Certified Survey Map would make the proposed Certified Survey Map difficult to read and understand.

• The date of the proposed Certified Survey Map must be affixed on each sheet of the proposed Certified Survey Map and the date of all sheets must be a consistent date.

• The name and address of the owner and subdivider must be indicated on the Certified Survey Map.

• Buckley Street improvements must be extended to the southern limits of the subject property by the subdivider as required under the provisions of Section 278-67 of the City of Burling Subdivision of Land Ordinance.

• A "t" turnaround must be constructed in the Buckley Street right-of-way by the subdivider at the subdivider's expense.

• A "reciprocal easement agreement for ingress/egress" must be established for the subject property as an integral part of the City's approval of the proposed Certified Survey Map and as shown on the proposed Certified Survey Map.

• The drawings and documents submitted by the applicant

• Prior to the issuance of a Building Permit the applicant adhere to the following:

The southern portion of the subject property is subject to the requirements of the recently amended FW Floodway District under the provisions of City of Burlington Ordinance No. 1808(12) including Section 315-38 of that Ordinance. In addition, amendments to floodplain zoning district delineations must follow the provisions of Section 315-123 of Ordinance No. 1808(12).

Proposed Parcel 2 does not meet the above two requirements. In order for the public street frontage requirement to be modified as indicated on the submitted plans, the applicant is desirous of rezoning the entire subject property into the PUD Planned Unit Development Overlay District so that the applicant can take advantage of the provisions of Section 315-43(H)(2)(a)[3] of the City Zoning Ordinance as part of the PUD District approval process.. Meehan & Company, Inc. recommends that this departure from the City Zoning Ordinance be granted by the City as part of the PUD District rezoning for the subject property.

A "reciprocal easement agreement for ingress/egress" must be established for the subject property as an integral part of the City's approval of the proposed Certified Survey Map and as shown on the proposed Certified Survey Map.

In order for the setback requirement to be modified as indicated on the submitted plans, the applicant must rezone the entire subject property into the PUD Planned Unit Development Overlay District so that the applicant can take advantage of the provisions of Section 315-43(F) and (H)(2)(a)[3] of the City Zoning Ordinance so that the aforementioned requirement can be altered to accommodate the proposed plans. Since this is a private drive which functions as a street and "green area" is proposed on both sides of the proposed drive, Meehan & Company, Inc. recommends that this departure from the City Zoning Ordinance be granted by the City as part of the PUD District rezoning of the subject property.

The proposed building(s) located on each individual building site will need to be accomplished for any proposed buildings to be located on proposed Parcels 1 and 3 as individual building sites when detailed plans are submitted for Parcels 1 and 3.

The proposed type, size, and location of proposed structures located on each individual building site must be submitted for any proposed structures to be located on proposed Parcels 1 and 3 as individual sites when detailed plans are submitted for Parcels 1 and 3

The proposed landscape treatment of proposed each individual building site must be submitted for proposed Parcels 1 and 3 as individual sites when detailed plans are submitted for Parcels 1 and 3.

Characteristics of soils related to contemplated specific uses must be submitted by the applicant as may be needed by the City Engineer

Pursuant to the requirements of Section 315-43(K)(2)(b) of the City Zoning Ordinance for detailed approval by the City, detailed Site Plans and development plans have not been submitted by the applicant for specific uses on proposed Parcels 1 and 3 and must be submitted for review prior to the issuance of any Building Permits for either Parcel 1 or Parcel 3.

Plans sufficiently detailed and precise for all improvements must be submitted to the City before final approval is given by the Common Council for either Parcel 1 or Parcel 3 pursuant to the requirements of Section 315-43(K)(2)(b) of the City Zoning Ordinance.

A "Letter of Credit" for all improvements must be submitted to the City before final approval is given by the Common Council for Parcels 1, 2, 3 pursuant to the requirements of Section 315-43(K)(2)(b) of the City Zoning Ordinance.

A catalog page, cut sheet, or photograph of the luminaire including the mounting method, a graphic depiction of the luminaire lamp (or bulb) concealment, and graphic depiction of light cut-off angles must be submitted by the applicant.

A photometric data test report of the proposed luminaire graphically showing the lighting distribution in all angles vertically and horizontally around the luminaire must be submitted by the applicant.

A plot plan, drawn to a recognized engineering or architectural scale, indicating the location of the luminaire(s) proposed, mounting and/or installation height in feet, the overall illumination levels (in footcandles) and lighting uniformities on the site, and the illumination levels (in footcandles) at the property boundary lines. This may be accomplished by means of an isolux curve or computer printout projecting the illumination levels must be submitted by the applicant.

Exterior lighting in the B-1 District must be limited to total cut-off type luminaires (with angle greater than 90 degrees). The maximum permitted illumination shall be two (2) footcandles (as measured at the property line) and the maximum permitted luminaire height shall be 28 feet as measured from surrounding grade to the bottom of the luminaire and this data then must be submitted by the applicant in order to indicate that these requirements have been met.

Pursuant to the requirements of Section 315-64(D) of the City Zoning Ordinance, on-site directional signs cannot exceed three square feet in area. However, no such signage is indicated in the application. If such signs are installed, the requirements of Section 315-64(D) must be met.

Pursuant to the requirements of Section 315-71(C) of the City Zoning Ordinance, the maximum total sign area of freestanding signs for a parcel such as the subject property in the B-1 District is 150 square feet and the maximum height of such signs is 15 feet. In addition Section 315-72(4)(a) requires that: "All freestanding signs shall provide a landscaped area with appropriate natural plant material ground cover and other landscape plantings located at the base of said freestanding sign equal in area to the sign area. When earthen berms are used as part of said landscaping, the earthen berms shall maintain a side slope of no greater than 3:1 with a maximum berm height of three feet above adjacent surrounding grade. When earthen berms are used, earthen berms shall count towards the maximum permissible sign height. The use of railroad ties as a landscape or construction material at the base of freestanding signs shall be prohibited."

In addition, the proposed Landscape Plan for Parcels 1, 2, and 3 must indicate the required landscape plant materials surrounding the base of any proposed freestanding sign.

Pursuant to the requirements of Section 315-71(D) of the City Zoning Ordinance, the maximum total sign area for all wall, fascia, awning/canopy, marquee, and graphic signs for a lot or parcel in the B-1 District is 1.40 square feet proportionally per 1 linear foot of exterior storefront wall width that fronts on a public street; however, no sign for any 1 exterior storefront which fronts upon any public street or no sign for any 1 tenant which fronts upon any public street shall exceed 200 square feet in area. However, no such signage is indicated in the application. If such signs are installed, the requirements of Section 315-71(D) must be met.

• It is recommended that the City Attorney review the terms of the "Developer’s Agreement for the Lynch Ventures, LLC" property dated September 14, 2004 (Common Council Resolution No. 3838(44)) and its potential applicability to the attachment of Outlot 2 of CSM 2651 to the subject property.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Mr. Mark Lake, representative of MRED, did a presentation to the Commission regarding the ALDI site plan and Vasek property. He explained the building façade, location and zoning. He also noted that there were two outlots adjacent to the ALDI site that have not yet been determined as to what businesses would be going in.

Mayor Lois voiced his concern regarding the appearance of the back of the building facing Hwy 36. Mr. Lake stated that ALDI could modify the façade to make it more aesthetically pleasing.

Commissioner Vos voiced concern regarding there being enough landscaping on the south side. Mr. Lake stated that they would be planting quite a bit on that side so that the loading dock will not be seen.

Commissioner Lynch questioned if the building could be moved around on the property. Mr. Lake stated that they had tried several location on the property, however issues due to parking, floodplain areas and the vision of the loading docks limited the location.

After further discussion it was determined that more information was needed regarding this issue, specifically revised plans for the façade of the building and landscape plans. Commissioner Thate moved and Commissioner Vos seconded to table this item until the January Plan Commission meeting.

All were in favor and the motion carried.

Mayor Lois informed the Commission that this issue needed to be tabled as requested by the developer and would return to a future Plan Commission meeting.

Commissioner Milatz moved and Commissioner Vos seconded to table the Site Plan application from Chippewa River Housing Corporation for property located at 524 Summit Avenue to allow for the construction of an adult family group home.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

There were no comments.

Commissioner Henney moved and Commissioner Milatz seconded to reject An Ordinance amending Section 315-30C titled "M-1 Conditional Uses" of the City of Burlington Zoning Ordinance to allow for automobile sales and service.

All were in favor and the motion carried.

Mayor Lois opened this issue for discussion.

Commissioner Vos questioned where this property was exactly, as well as his concern regarding the noise from JW Peters bothering future home owners.

Administrator Torgler noted that this is the Fait property and is located south of the bypass. He also noted that the Plan Commission could make a condition in the resolution that stated that JW Peters be shown on the face of the plat.

There were no further comments.

Commissioner Lynch moved and Commissioner Vos seconded to recommend approval to the Common Council of an Extraterritorial Preliminary Plat for Vieterhof East and West Subdivisions (located east of Spring Valley Road, north of Ruedebusch Road and west of McHenry Street in the Town of Burlington and Town of Lyons, Racine County and Walworth County), subject to a condition noted in the resolution that JW Peters be shown on the final plat for this subdivision as well as the conditions as stated in Patrick Meehan’s November 30, 2006 memos to the Plan Commission as follows:

• Subject to the Town of Burlington's and Racine County’s approval of the Preliminary Plat.

• Subject to the Town of Lyons' and Walworth County’s approval of the Preliminary Plat.

All were in favor and the motion carried.

None.

Commissioner Vos moved and Commissioner Thate seconded to adjourn the meeting at 7:19 p.m. All were in favor and the motion carried.

Adjourned at 7:19 p.m.

Recording Secretary – Angela M. Hansen