VILLAGE OF SUSSEX
Minutes of the Plan Commission meeting held on January 21, 2010.
The meeting was called to order at 6:30 p.m. by Chairman Lapcinski.
Members present: Amanda Schauer, Pat Tetzlaff, Dick Wegner, Robert Schlei, Annette
Kremer and Tony Lapcinski.
Members absent: Steve Pellechia.
Others present: Administrator Evan Teich, Attorney John Macy, Assistant Administrator
Jeremy Smith, Assistant Development Director Kasey Fluet and Clerk-
Treasurer Susan M. Freiheit.
Consideration and possible action on the Plan Commission minutes of December 18, 2009.
A motion by Schlei, seconded by Kremer, to approve the minutes of the meeting held on
December 18, 2009 with a correction to Page 1, Under Su Casa, first paragraph, second last
sentence is corrected to read as follows: :Mr. Smith stated that an outdoor establishment permit
should be applied for by the new owners by March 1, 2010.” Motion carried.
Comments from citizens present.
There was no one present who wished to be heard.
Consideration of plan of operation for Rock’N Body Boot Camps (N64W24678 Main St.).
Erin and James Naatz, W234N6719 Salem Drive, Sussex, were present on this matter. Ms.
Naatz stated that the business was a fitness boot camp, with strength and circuit training. Mr.
Naatz stated that they were going to be in the same area with as Okinawa Tae Kwon Do,
however, when they were not open. Mr. Smith reviewed the Plan Staff Memo (copy attached) on
A motion by Wegner, seconded by Tetzlaff, to approve the plan of operation for Rock’N Body
Boot Camps at N64W24678 Main Street subject to the conditions of Exhibit A. Motion carried.
Update to the plan of operation for Su Casa II Mexican Grill LLC (N64W22648 Main Street).
Ms. Sharon Kohlmann, W226N7317 Woodland Creek Dr, Sussex, stated that she would apply for
a Class B Dance License as soon as possible. Ms. Freiheit explained the difference between the
various dance licenses for the Commissioners. Mr. Smith reviewed the Plan Staff Memo on this
matter (copy attached) and stated that the addition of dance activities were subject to receiving a
dance license from the Village Board.
A motion by Kremer, seconded by Schlei, to require that the owners of the Su Casa Mexican Grill
at N64W22648 Main Street apply for and obtain a dance license from the Village Board before
they implement having a live band or karaoke on the premises. Motion carried.
Discussion/acknowledgement of letter regarding the pending sale of Stonegate Housing
Apartment Complex (N68W24837 Stonegate Ct.).
There was no one present regarding this matter. Mr. Smith reviewed the Plan Staff Memo (copy
attached) on this matter. Mr. Smith stated that no action was required other than to provide
information to the attorney for the buyer that the Village has been notified of the sale of the
property to meet the requirements of the Developer’s Agreement from 1994.
Consideration of certified survey map for John Hoeppner extraterritorial review in the
Town of Lisbon (N77W24087 Hidden Oaks Drive.
Mr. John Hoeppner, N77W24087 Hidden Oaks Dr., reviewed the proposed CSM to divide his
property. Mr. Hoeppner stated that in order to split his property he needed to obtain an approval
Minutes of the Plan Commission meeting of January 21, 2010 – Page 2
from all of the five property owners adjacent to this property. Mr. Hoeppner stated that one soil
boring is still required, but is scheduled. Mr. Smith reviewed the Plan Staff Memo (copy attached)
on this matter. Mr. Hoeppner stated that the Town of Lisbon has already given its approval and
so has the Joint Planning Committee.
A motion by Tetzlaff, seconded by Wegner, to recommend that the Village Board approve the
Hoeppner certified survey map subject to the conditions of Exhibit A. Motion carried.
Discussion on changes to the Land Use Map and Zoning Map.
Mr. Smith reviewed the Plan Staff Memo on this matter (copy attached) which delineated the
proposed properties to be rezoned and their land uses changed including maps of the properties.
A motion by Wegner, seconded by Schlei, to suspend the rules to hear comments from citizens
present, Motion carried.
Mrs. Bonnie Ruffing, N71W22745 Good Hope Road, stated that she would be happy to take the
Commissioners on a field trip or tour of their property. Mrs. Ruffing stated that the size of the
property and the possibility of adding more multi-family buildings would be limited due to the
wetlands located on the property. Mrs. Ruffing stated that there would not be enough usable
space to add multi-family buildings. Mrs. Ruffing stated that the Commissioners need to know
where the wetland areas are.
There was no one else who wished to be heard.
The Commissioners return the meeting to regular session.
Mr. Smith stated that he will be scheduling public information meetings and inviting the affected
property owners to discuss the proposed changes.
Update on community CDA tours and best practices.
Mr. Lapcinski stated that he will be inviting the CDA, Plan Commission, Chamber, Village Board
and others to work together on the TIF 6 project. Mr. Lapcinski stated that there will be 30-40
people involved and he would want this to be ready for any economic turnaround. Mr. Lapcinski
stated that it will take about a year to accomplish this and put the plan together. Mr. Lapcinski
stated that he intends to start in March or April.
Other items for discussion.
Mr. Wegner asked about the status of the car dealer taking over the car wash at the east end of
the Village. Ms. Fluet stated that she has not heard from Mr. Harvey for a while.
A motion by Schlei, seconded by Kremer, to adjourn the meeting at 7:45 p.m. Motion carried.
Susan M. Freiheit
N64W23760 Main Street
Sussex, Wisconsin 53089
Phone (262) 246-5200
FAX (262) 246-5222
TO: Plan Commission
FROM: Jeremy Smith, Assistant Administrator
RE: Plan Commission Meetings of January 21, 2010.
DATE: January 12, 2010
The following is background on the agenda items at the January 21, 2010 Plan Commission. All
Code Sections in this memo refer to the Village Chapter 17 version of May 11, 2009.
01. Roll call.
02. Consideration of minutes from December 17, 2009 meeting
03. Comments from citizens present
04. Consideration and possible action of Plans of Operation and Site Plans:
A. Consideration of Plan of Operation for Rock’N Body Boot Camps
(N64W24678 Main St)
This site is zoned B-3. The exercise studio is a permitted use in this district in
accordance with Section 17.0419 (A)(11). This business will operate in the same 1,500
square foot studio space of the Traditional Okinawon Karate-do Studio at the 20,800
square foot multi tenant building known as the Wessex Center. The two businesses will
share the space and have different class schedules.
The site has 87 parking stalls with 60 stalls allocated to other users. This business per
code requires 14 stalls leaving 13 available for other tenants.
1. Are there any concerns with the plan of operation?
1. Act on the plan of operation.
Staff Recommendation: Staff recommends approval of the Plan of Operation for
Rock’N Body Boot Camps subject to the conditions of Exhibit A.
B. Update to the Plan of Operation for SU Casa II Mexican Grill LLC (N64W22648
The Plan Commission requested at the December 17, 2009 Plan Commission meeting to
verify if the previous owners of SU Casa II had listed live entertainment including live
band and karaoke to their plan of operation. Staff has reviewed the file and found this
type of activity was not listed on the plan of operation completed by the previous owners
only because the activity was not listed on the outdated plan of operation form.
However, Su Casa II currently has a Dance License on file that requires the holder to
reapply for on an annual basis by July 1 of each year.
The new owners will be required to obtain a Class B Dance license before this type of
activity may be permitted. The approval of this license outlines the permitted uses and
requirements to the Village ordinance Section 12.03 (a copy is attached).
C. Discussion/acknowledgement of letter regarding pending sale of Stonegate
Housing Apartment Complex (N68W24837 Stonegate Ct)
The Village received a certified letter from the attorney representing the buyers of the
Stonegate Housing Apartment Complex requesting a meeting with the Plan Commission.
The request is from the terms and conditions stated in the Developers Agreement for this
property adopted by the Village Board May 10, 1994 requiring notification to be given to
the Village of pending sale of the property. A copy of this agenda was provided to the
attorney representing the buyers.
Staff has no concerns with this property at this time and recommends the new owners
update the Emergency Contact information.
1. Are there any concerns with the sale of this property?
Staff Recommendation: Staff will send a copy of the minutes from the Plan
Commission meeting to the attorney for the buyers.
05. Consideration of Conditional Uses:
06. Consideration and possible action on CSM’s and Plats:
A. Consideration of CSM for John Hoeppner extra territorial review in the Town
of Lisbon (N77W24087 Hidden Oaks Dr.)
This CSM is extra territorial review. This land is in the Town of Lisbon and will remain
in the Town. The owner is requesting to divide 3.019 acres into 2 lots. This request has
been reviewed by the Town of Lisbon and the Joint Planning Committee.
1. Are there any concerns with the CSM?
1. Act on the CSM.
Staff Recommendation: Staff recommends the Plan Commission recommend approval
to the Village Board of the CSM subject to the conditions of Exhibit A.
07. Consideration of Zoning and Planning Items:
A. Discussion on changes to the Land Use Map and Zoning Map
At the December Village Board meeting the properties recommended to be rezoned in
accordance with the Land Use map were approved and the final draft of Chapter 17 is set
for public hearing in January.
The next step to be reviewed are the properties to be rezoned based on the
recommendation from the Ad Hoc Committee or the Plan Commission. Both the Land
Use and Zoning Map would require changes. These changes have many pros and cons,
and public information and input sessions should take place, but before we went to the
public the Plan Commission should give some general comments, questions, and
directions to staff so that the Plan Commission is generally supportive of the concepts
being discussed. There is no sense in taking something to the public that the Plan
Commission doesn’t support.
Staff has broken out the list by five areas. (B-4 areas, B-3 areas, B-1 areas, B-2 areas, and
misc. areas). Attached with the map is a list of properties that are part of this group, their
current zoning, new proposed zoning, and the zoning status impact on the property.
Map 1 (B-1 areas), includes 12 properties in three transition areas that are on the edge of
residential areas or mixed use areas. The work group defined two areas as meeting those
Goal of the B-1 Areas: The B-1 supports neighborhood commercial/office uses that are
generally light on impact and act as buffers between residential and other uses or impacts.
The uses serve the adjacent neighborhoods for the most part and do not impact the
tranquility or appearance of the neighborhoods they adjoin. Please see the chart of
properties for more detailed information.
The three areas are:
Between Sussex Estates subdivision and the railroad tracks on Maple Avenue, An
assortment of legal non-conforming (Evers), conditional uses (Randy’s Auto), and
storage units (possibly illegal) with access and environmental issues.
Between Hickory Heights and Silver Spring Drive, the post office stays legal and the
other parcel is still farmed
The corner of Pewaukee Road and Main Street. The work group felt that the B-1 was
appropriate for the Pewaukee Road and Main Street corner because of the significant
residential presence (multi-family to the north and future single family to the south) and
as a key transition point from B-4 (east) to B-3 (west).
Map 2 (B-2 areas), includes 13 properties at the STH 164 and Main Street juncture. The
work group thought this area was the best area to support larger retail services. Please see
the chart of properties for more detailed information.
Goal of the B-2 Areas: The B-2 supports larger scale retail supporting regional
shopping, and large traffic impacts.
The main changes here are four areas at the intersection:
1. Pic-n-save, its district was eliminated as part of the code change and it fits in the B-2
category with the new code language. This change won’t impact their operations and
expands their potential uses.
2. Kohl’s, Shopko, Walgreens, and vacant parcels by Anchor Bank are an editing change
with the code changes from B-2a to B-2 and have no impact on their operations.
3. Funeral Home goes from B-3 to B-2, but is still permitted use and change expands use
4. Rexam becomes legal non-conforming status. Village has talked with new ownership
and they understand change and are not opposed to it. This would likely be a longer term
transition parcel, but is one of the few remaining large parcels near STH 164 that could
support larger retail.
Maps 3a and 3b (B-3 areas), includes changes along the Waukesha Avenue (STH 74)
corridor, and STH 164 corridor respectively. It includes 17 properties. The work group
recommended the change along these corridors to reflect the traffic and significant
commercial activity already present. Please see the chart of properties for more detailed
Goal of the B-3 Areas: The B-3 supports commercial uses of the medium to small size
with limited office uses found along the State highway arterials of the Village.
Unlike in the B-4 corridor changes the residential properties here would become legal
non-conforming with this change. The nature of the corridor suggests single family and
two family residents are not the best fit for the area and overtime would transition out and
be replaced with commercial uses.
Two key changes are:
Miller Bradford from M-1 to B-3, but doesn’t change operations as it remains a CU.
Allows future commercial options.
Paul Schmidt Trucking from M-1 to B-3. Goes from illegal (should have a CU, but
doesn’t) to legal non-conforming. Doesn’t alter current operations, but supports long
term change to commercial options.
Map 4 ( B-4 areas) encompasses the properties around the current B-4 area and includes
49 properties recommended to be rezoned. The work group recommended this
enlargement of the B-4 area to most accurately reflect the central business district of the
future. Please see the chart of properties for more detailed information.
Goal of the B-4 Area: The B-4 supports mixed use (office, residential, and commercial)
in a more dense setting at the heart of the community.
A majority of the properties are single or two family dwellings and they would see no
significant change from this rezoning because single family and two-family dwellings are
permitted uses. The houses could overtime see neighboring properties become
commercial or office uses from this change.
Key properties include:
Mini-storage going from legal non-conforming in B-3 to legal non-conforming in the B-
Gas Station on Silver Spring going from legal non-conforming B-2 to legal non-
Map 5 (Miscellaneous) encompasses various properties around the Village some from
the work group, some found doing the last round of changes that should be considered for
changes based upon future uses. Please see the chart of properties for more detailed
The properties on Good Hope Road across from Woodland Creek Nature Area that are
multi-family uses currently, but zoned and land use call for single family.
Bean Pole Sign property is currently commercial, but the rest of that side of the train
tracks is industrial.
Village owned across from Middle School is zoned BP-1, should it be Institutional?
Village owned land and Trackside LLC land behind Evers property and Sussex Estates
Subdivision that is almost entirely floodplains and wetlands should likely be rezoned to
Two houses in Armory Park across from Community Center that the Park and Open
Space Plan calls for someday being made part of the park would be P-1.
Staff is looking guidance and discussion on the proposed recommendations.
1. Are there any concerns with the properties recommended for rezoning?
1. Direct staff to schedule a meeting with the properties listed to be rezoned.
Staff Recommendation: Staff recommends scheduling a time and location and inviting
the property owners to attend to discuss the changes to their properties in February or
Village of Sussex
Standard Conditions of Approval
Plan of Operation and Site Plan
The Plan Commission for the Village of Sussex authorizes the Building Inspector to
issue a building permit to the Petitioner and approves the general layout, architectural plans,
ingress and egress, parking, loading and unloading, landscaping, open space utilization, site
plan and plan of operation subject to the following conditions:
1. Presentation compliance. Subject to Petitioner operating the premises at all
times in substantial conformity with the presentation made to the Village Plan
Commission, as modified or further restricted by the comments or concerns of
the Village Plan Commission.
2. Inspection compliance. Subject to the Petitioner submitting to and receiving the
approval from the Village Administrator, written proof that the Village Building
Inspector and Fire Chief have inspected the subject property and have found
that the subject property is in substantial compliance with applicable federal,
State, and local laws, statutes, codes, ordinances, policies, guidelines and best
management practices, prior to this approval being effective.
3. Regulatory compliance. Subject to the Petitioner and Owner fully complying
with all Village, County of Waukesha, State of Wisconsin and federal
government codes, ordinances, statutes, rules, regulations and orders
regarding the premises, including but not limited to compliance with Section
17.1000 of the Village of Sussex Zoning Code entitled “Site Plan Review and
Architectural Control,” as determined by Village Staff.
4. Satisfaction of Engineer. Subject to the Developer satisfying all comments,
conditions, and concerns of the Village Engineer regarding the Petitioner’s
application prior to this approval being effective.
5. Required plans. Subject to the Developer submitting to and receiving written
approval from the Village Administrator of all of the following plans as deemed
necessary by the Village Administrator:
A. Landscaping plan
B. Parking plan
C. Lighting plan
D. Signage plan
E. Traffic plan
F. Grading plan
G. Tree preservation plan
H. Open space plan
I. Water plan
J. Surface and stormwater management plan
K. Sewer plan
L. Erosion control plan
6. Screening of All Dumpsters. Subject to the Petitioner and Owner screening all
dumpsters as required by the ordinance to the satisfaction of the Village
7. Payment and reimbursement of fees and expenses. Subject to the Petitioner
and Owner paying all costs, assessments and charges due and owing to the
Village of Sussex either by the Petitioner or imposed on the subject property,
including, but not limited to, real estate taxes, personal property taxes, utility
bills, special assessments, permit fees, license fees and professional fees
which shall include all costs and expenses of any type that the Village incurs in
connection with Petitioner’s application, including the cost of professional
services incurred by the Village (including engineering, legal and other
consulting fees) for the review of and preparation of the conditions of approval,
attendance at meetings or other related professional services for this
application, as well as for any actions the Village is required to take to enforce
any of the conditions of this approval due to a violation of these conditions by
the Petitioner or the Owner, as authorized by law.
8. Condition if the Property is in the B-4 Central Business District. Subject to the
Petitioner, if the property is in the B-4 Central Business District, obtaining
approval from the Community Development Authority and complying with all the
conditions imposed by the Community Development Authority.
9. Subject to acceptance. Subject to the owner approving in writing the issuance
of the same and Petitioner acknowledging in writing that they have received a
copy of this conditional approval, that they understand and accept the same,
and that upon failure to satisfy these conditions this approval is void, and the
same is deemed to not have been approved, and the Petitioner will therefore
need to re-commence the application process.