Plan Commission

Minutes Village of East Troy Plan Commission 2015 Energy Drive January 13, 2020 6:30 p.m. 1. Call to order- President Seager called the meeting to order at 6:30 p.m. 2. Pledge of Allegiance 3. Verification of open meeting notice– Clerk Alexander verified the meeting had been posted according to open meetings laws. 4. Roll call Present: President Seager, Commissioners Edward Arendt, Roger Hayes, Benny Stichmann, Erin Seaverson, Chris Bottoni Excused: Trustee Renucci Others: Zoning Administrator Schwecke, Clerk Lorri Alexander 5. Approve Plan Commission minutes of December 9, 2019 Motion by Commissioner Stichmann, second by Commissioner Arendt, to approve the minutes as presented. Motion carried. 6. Citizen participation Molly Moody, 3015 Clayton Ave., stated that she would like more information on the proposed arcade. She has concerns with the location in relation to the schools, the parking for the business and the rumor of a liquor license for the establishment. She also asked if any improvements to the building are planned. Dennis Thome, 2091 Lenck Ave., also asked for more information on the arcade and expressed his concerns about a liquor license and the parking for the business. John Merath, 3064 Clayton Ave., stated that he is not in favor of a liquor license being issued to this operation with the potential for children at the business, he questioned the parking and what would the hours of operation would be and if the business would be for adults only. He was interested in more information. Anna Robertson, 2098 West St., had the same concerns, she asked about the supervision that would be provided at the business, the capacity allowed for the business and what the security for the business would be. 7. Conditional use for an arcade (as defined by the zoning code) located at 3076 Main Street (RLP 00012); JLS Property Management Investments, applicant (Jerome Schmidt, agent) (application 2019-27) A. Public hearing Jerry Schmidt, applicant was present, to give an overview of the project. He provided the Commission a handout that listed the proposed hours of operation of Monday through Sunday, 3 pm to 9 pm, with Tuesday, Thursday and Saturday nights from 6pm to 9 pm for adults only. He is trying to offer the community an alternate activity for entertainment. He stated that he would rather not offer beer but considered it as part of the adult culture. Zoning Administrator Schwecke referred to his staff report that this business is an indoor commercial entertainment use and the location had about 3,000 square feet for the tanning and arcade to share. He suggested limiting the number of allowed machines to 20 arcade devices. He explained that should the applicant want to serve beer he would need to make application for a Conditional Use to allow for that as that would be considered a tavern. He confirmed that the notice was published, notices were mailed to surrounding property owners and no written comments had been received. He referred to the draft conditional use provided and emphasized the points that included the inspections and compliance by the Building Inspector, the limit of 20 arcade machines and there is no allowance of alcohol. Discussion included the amount of parking available and the amount of parking predicted to be needed, the occupancy capacity of the building (which is determined by the Building Inspector and Fire Chief, not the Plan Commission), the amount of supervision that would be on site, compliance with the building codes, the concern of noise and close neighbors to the parking areas and lighting. The concerns of the possibility of serving alcohol and the presence of children was again raised and discussed that the use being considered at this time was only for the business of an arcade. It was explained that there is a tenant on the north side of the building that leases and maintains arcade machines and that this is separate from the arcade business under consideration at this time. President Seager explained that a location that holds a Class “B” Beer licenses is not allowed to have unaccompanied minor on the premises and Mr. Schmidt indicated that he understood that. Several of the community members stated that they were concerned with the location of the business not the type of business. Commissioner Seaverson read a comment that she had received from one of the neighbors who had received the notice but was not able to attend stating that they were in favor of the arcade business. She also stated that she feels this type of business would be a nice addition to the community as long as the parking and other concerns are addressed and that at this time, with no alcohol allowed, it would be acceptable. The tanning portion of the business was questioned, and it was asked if there were health department permits for the tanning. It was explained that those permits are issued by the State of Wisconsin. The Plan Commission can approve the use at the location, but the operator needs to obtain any state permits required. Discussion also included the layout of the premises, separation of the tanning operation from the arcade and that the hours of the operation would be the same as the arcade was confirmed. The question was raised why there would be adult-only hours if there was to be no alcohol. President Seager explained that there was no approval with this conditional use for any alcohol and that the hours of operation and segregation of customers is a choice by the business owner and how they choose to market their business. The closing hour is indicated at 9 p.m. however, as a business owner, he would have the option to adjust his hours of operation. Mr. Schmidt indicated that he understood that alcohol would not be allowed. Zoning Administrator Schwecke then recapped several points including: • Security – the applicant indicated that there would be adult supervision on site at all times. • Capacity – is dictated by building and fire codes and is not established by the Plan Commission.  • Limitation for consideration is number of machines – 20 machines are indicated. • Parking – the parking area is comparable to other retail establishments. The concern of parking on the sidewalk is an enforcement issue and doesn’t relate to use of the building. Parking space is available for whatever the business is. • Fencing – the Commission cannot require the owner to retrofit the business location and the fence is established currently. • Regarding the question of updates to the building – The Plan Commission is not in a position to make this a condition of the permit • Parking Lot Lights – the Plan Commission is not in a position to make this a condition of the permit President Seager explained that with a new building the Plan Commission can address parking, lighting, fencing, etc. but as an established building the Plan Commission cannot restrict these items. The Plan Commission is deciding if this is a compatible use for the building. He stated that while he understands the concerns the Plan Commission’s authority is not able to address some of the concerns. Commissioner Hayes asked if gambling machines would be installed. It was explained that gambling machines are illegal in Wisconsin. He also stated that he likes the idea of an arcade but not a tavern. President Seager then closed the public hearing. The community members present were thanked for attending and sharing their thoughts. B. Discussion and possible recommendation to Village Board Zoning Administrator Schwecke suggested limiting the machines to 20 and allowing the hours to be stated as 8:00 a.m. to 9:00 p.m. to allow for changes that the applicant may want to make in the future. Motion by Commissioner Seaverson, second by Commissioner Arendt, to recommend Village Board approval of the conditional use subject to the terms in the draft conditional use order dated January 9, 2020 and the limitation that there is a maximum of 20 arcade machines, the building hour limitations are 8:00 a.m. to 9:00 p.m. and that the building meets all building inspector requirements regarding fire codes and bathrooms. Motion carried, with Commissioner Hayes abstaining. 8. Potential revision to the Village's land division regulations (Chapter 495 of the Municipal Code) relating to certified survey map requirements A. Discussion Zoning Administrator Schwecke reviewed his staff report, stating this change was suggested allow for more flexibility for developing industrial park lots using a series of CSM’s rather than a subdivision plat. An overall development plan would still be required to set constant improvements, such as access point(s), allow for best parcel layout within the industrial park and bring a cohesive look to the industrial park. B. Possible action to formally review the ordinance, as may be revised, at the next meeting Direction was to bring draft ordinance to the Plan Commission for review at the next meeting  and consideration for recommendation to the Village Board for consideration. 9. Recommendations for future agendas (no packet materials) Pending Items (no packet materials) 1. Possible amendment of the zoning code regarding pavement requirements to access detached buildings 2. Possible amendment of the zoning code regarding metal shipping containers (for storage) 3. Possible amendment of the zoning code regarding tree protection standards for new development 4. Possible amendment of the zoning code with regard to front-yard setbacks/garages in residential zoning districts Direction was to include items 1 and 2 on the agenda for the next Plan Commission meeting. 10. Next meeting: February 10 (if needed) 11. Adjourn Motion by President Seager Scott, second by Commissioner Arendt, to adjourn at 7:44 p.m. Motion carried. Respectfully submitted by Lorri Alexander, Village Clerk