Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MINUTES
June 10, 2021

1. Call to Order and Roll Call

President Knutson called the Zoom meeting to order at approximately 7:00 p.m.
Plan Commission members present: Comm. Ryan Lange, Comm. Theresa Hoff, Comm. Jim Grabowski, Comm. Cheryl Mantz, Comm. Brian Belt, Trustee Craig Roberts and President Jeff Knutson.
Also present: Village Planner Mary Censky, Village Attorney Matt Gralinski, Village Engineer Tim Barbeau, Village Administrator Scott Gosse and Deputy Clerk/Treasurer Jackie Schuh.

2. Public Hearings

a. Conditional Use Grant Amendment request to conduct the seasonal, temporary use outdoor seating, dining and alcohol consumption and including an onsite food truck once weekly in the parking lot at Kranky’s, 719 Glacier Rd. The property owner and applicant is Kranky’s Investment Corporation in c/o Tony Dicks. Property is zoned B-1 Community Business. NO ACTION WILL BE TAKEN AT THIS MEETING.
None.

b. Conditional Use Grant request to add and remove various buildings, structures and yard areas, and to reconfigure the site layout at the Village of Pewaukee’s existing public works/utility installation located at 1000 Hickory Street. The property owner and applicant is the Village of Pewaukee. Property is Zoned IPS Institutional and Public Service District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Mrs. Grybush @ 880 E Wisconsin Ave. – Ms. Grybush questioned the need for a bigger, new building. She stated the size is bigger than the Village Hall and the Fire Department. She is wondering if it is less expensive to repair the building instead.

c. Conditional Use Grant request to modify the existing configuration of the site and building(s) at 1151 Hickory Street to accommodate the home terminal and office use for a commercial/industrial services contractor Great Lakes Power Vac LLC. The applicant and property owner is Capital Acquisitions LLC in c/o Matthew Quest. Property is zoned B-5 Light Industrial District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Matthew Quest @ 153 Park Ave – Mr. Quest informed the Commission that he is available to answer any questions that may arise.

d. Conditional Use Grant request to modify/enlarge the existing boathouse at 403 Park Avenue. The applicants and property owners are Timothy and Mary Pulte. Property is zoned R-5(LO) Single-Family Residential with Lakefront Overlay District. NO ACTION WILL BE TAKEN AT THIS MEETING.
None.

e. Conditional Use Grant request of applicant and property owner North Shore Bank FSB/North Shore Savings Bank to allocate the existing paved, striped parking stalls on their adjoining properties located at 104 and 120 W. Wisconsin Ave. to public parking use. Property is zoned B-2 Downtown Business District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Erica Vallancourt – 5329 Mary Knoll Dr, New Berlin – Ms. Vallancourt, representing Interstate Parking, is available to answer any questions regarding the parking lot.

3. Citizen Comments – None.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – May 13, 2021

Comm. Hoff motioned, seconded by Comm. Mantz to approve the minutes of the May 13, 2021 Regular Plan Commission meeting with the following addition:
1) Item 6b: “…for easement documents. Comm. Hoff expressed concern about vacating the end of Riverside Drive to the south as this provides access to the county hunting land which extends west to County Highway JJ/Bluemound Rd. She would also like to see an acknowledgment statement added to the official record indicating this.”
Motion carried by roll call vote 5­2­0 with Comm. Lange and Comm. Belt abstaining.

b. Special Plan Commission Meeting – May 20, 2021
Trustee Roberts motioned, seconded by Comm. Grabowski to approve the minutes of the May 13, 2021 Regular Plan Commission meeting as presented.
Motion carried by roll call vote 5­2­0 with Comm. Lange and Comm. Belt abstaining.

5. Old Business

a. Possible action on the Conditional Use Grant request to develop an outdoor dining/seating area accessory to their existing restaurant use, The Chocolate Factory, using four of the public parking stalls situated in the W. Wisconsin Avenue right-of-way directly in front of the business located at 161 W. Wisconsin Avenue – Unit B. Applicant is Blommer, Inc., d/b/a The Chocolate Factory, in c/o Valera Smokvin. Building owner is Siepmann Development Company. Right-of-way is owned by the Village of Pewaukee. Property is Zoned B-2 Downtown Business District.
Planner Censky stated that the applicant has verbally agreed to: 1) three stalls are the minimum to make the parklet effective, 2) umbrellas are necessary to alleviate the radiant heat of the asphalt, and 3) he is willing to work with the Village on design specifications on an ongoing basis in order to make this work. The Commission discussed concern for the safety of pedestrians and diners, the desire for property owners to allocate reserved public “in-lieu-of” parking in the private lots to offset the loss of parking on W. Wisconsin Ave, alternative dining options behind the buildings instead, and the need to apply equal standards to all street dining proposals. Trustee Roberts reminded the Commission that the first three street dining locations were on a trial basis, and, if there were no problems, the CUGs could roll forward each year without reapplying. Property owner, Jim Siepmann, representing both 161 W. Wisconsin Ave. and 203 W. Wisconsin Ave., agreed to allocate three one-hour parking stalls in their private lot to offset the parking being lost to street dining on W. Wisconsin Ave., and to work with the existing street dining occupants Artisan 179, Brewers Two and The Handlebar, to ensure that all safety rails are closed with no gaps.
Comm. Grabowski motioned, seconded by Comm. Lange to approve the Conditional Use Grant to develop an outdoor dining/seating area accessory to their existing restaurant use, The Chocolate Factory, using three (3) of the public parking stalls in the W. Wisconsin right-of-way directly in front of the business located at 161 W. Wisconsin Avenue, Unit B, with the following recommendations:

1. This grant shall become effective upon the execution and recording by the owners of the Premises of an acceptance hereof in such form as to constitute an effective covenant that shall run with the land subject to the provisions contained herein.
2. This grant shall be void unless, pursuant to the Building and Zoning Codes of the Village, the approved use is commenced or the building permit is obtained within twelve (12) months of the date of the Planning Commission approval noted above.
3. This grant is subject to amendment and termination in accordance with the provision of the Zoning Code of the Village.
4. Construction and operation of the use granted shall be in strict conformity to the approved site, building, and operations plans filed in connection with the Petition for this Grant, and exhibited hereto.
5. Construction and operation of the use granted shall be subject to full compliance with any other applicable rules/laws as setforth by any other governmental or quasi-governmental departments/entities with jurisdiction over this site, construction and/or operation such as, but not necessarily limited to, the Village’s Building Inspections, Public Works, Police and Fire Departments, Waukesha County, Wisconsin DNR, the State of Wisconsin, … and similar.
6. Any of the conditions of this Grant which would normally be the responsibility of tenants of the premises shall be made a part of their lease by the Owner, which lease shall contain provisions for posting of the pertinent conditions to notify employees thereof.
7. This Grant shall automatically be null and void if this use is discontinued for a period of twelve (12) months.
8. Failure to allow reasonable and routine inspections of the property constitutes grounds for revocation of the Conditional Use Grant.
9. Annual renewal of this CUG is not a condition of the approval but that is based upon the continued willingness of the applicant to work cooperatively with the Village on adjustments to the site/operating plans as the use goes along in the event unforeseen issues or concerns as to safety or suitability should arise.
10. The permitted seasonal period of use for the right-of-way shall be March 1 to October 31 annually.
11. Outdoor music and/or PA may be permitted as a part of this outdoor dining/seating area use. The hours for such music and/or PA shall be limited to the actual open hours of the principal use and no later than 11 p.m. daily.
12. Days/Hours of use for this right-of-way dining/seating area shall be limited to days/hours that the principal use The Chocolate Factory is actually open but in no case later than 1 am daily.
13. On the W.Wisconsin Avenue side of the space a fence must be constructed utilizing the concrete base (not less than 10’ x 10’) and railings as shown in the attached Exhibit A which is attached hereto and made a part hereof by reference. This fence must fully surround the W.Wisconsin Avenue side of this dining area and turn in toward the sidewalk on both sides at least 4 feet. The balance of the area as delimited on the attached site plan shall be separated from the public by weighted stanchions with rope/chain (or similar) or by a continuation of the fencing. The curbing shown on the site plan for use between the drive lane of West Wisconsin Avenue and this seating area shall be sized not less than 10” by 10”.
14. As to both seasonal and permanent cessation of operations, the right-of-way area shall be immediately returned to its original state by the applicant - as it was before the street dining use was approved and implemented.
15. All parts of the proposed right-of-way dining appurtenances shall be bound within the approved area as depicted in Exhibit “A” and shall not spread onto the street, sidewalk or curbs surrounding.
16. Consumption of any alcoholic beverages is prohibited in this street dining/seating area.
17. The enclosure/barrier separating the dining area from the sidewalk(s) and the vehicle accessible part(s) of the right-of-way shall be as setforth in Exhibit “A”.
18. Landscaping/potted planting enhancements for aesthetic purposes shall be maintained in seasonally robust fashion and located per Exhibit “A”.
19. The public markings on the surface of the right-of-way (i.e. the stall striping) shall not be washed away or permanently covered over in the course of this use.
20. Director of Public Works approval, prior to installation, as to the manner of attachment of anything that is proposed to be affixed to any public object and/or the public way.
21. Electric and/or water service to the outdoor dining area may not be run on grade across the sidewalk. Any alternate plans for electric and/or water service to the outdoor dining area shall be subject to review and approval by Village Staff prior to implementation.
22. Any substantiated material adverse impacts upon surrounding properties or the Village generally resulting from this use (including, though not necessarily limited, to noise, odor, litter, animal infestation, loitering, glare, public safety, illegal activity,…) shall be the responsibility of the owner/applicant to correct timely upon notice from the Village and failure to do so may result in revocation of this conditional use grant amendment or portions thereof.
23. Village Staff final review and approval, prior to placement, of all appurtenances (such as but not necessarily limited to tables, chairs, planters, heaters, fire tables, trash receptacles, serving tables,… and similar) proposed to be placed in the right-of-way area(s) ref Exhibit A attached.
24. The only food and/or beverage that may be consumed within this specific right-of-way seating space shall be limited to that emanating from the adjacent, approved use, The Chocolate Factory.
25. A clear public sidewalk aisle-way not less than 5 feet wide shall be maintained at all times throughout the frontage of this lot.
26. The right-of-way dining area shall comply fully with any/all applicable requirements attendant to handicapped accessibility and ADA requirements.
27. The final placement/location of the proposed wheelchair ramp shall be subject to review/approval of the Village’s Contracted Engineer.
28. Recording of the Conditional Use Grant Amendment prior to the start of any right-of-way occupancy.
29. Village Board approval of a right-of-way access/occupancy/use permit and agreement prior to recording of the Conditional Use Grant Amendment – the date and terms of such approval to be memorialized in the Village’s CUG record/file for this property for the duration of time that this use is permitted.
30. Execution of a hold harmless and indemnity agreement satisfactory to the Village Attorney and approved by the Village Board for construction and operation of the use herein granted, the date and terms of such agreement to be memorialized in the Village’s CUG record/file for this property for the duration of time that this use is permitted.
31. Provision of general liability and property damage insurance naming the Village of Pewaukee as an additional insured shall be provided to the Village Attorney for review and approval as to adequacy – evidence of the final and approved insurance documents to be retained on file in the Village’s CUG record for this property for the duration of time this use is permitted.
32. Any new/extra lighting proposed for this right-of-way seating area use shall be subject to review and approval by Village Staff prior to implementation.
33. No signage is requested or approved as a part of this CUG Amendment. Any future signage shall be subject to review under the Village Sign Code prior to placement at the site.
34. The Village Board shall make the final determination as to who has precedence in terms of the right-of-way use on any dates/times where use of this specific right-of-way space may have been requested by multiple parties/special events. During special events in the downtown area, the permit holder shall refer to the Village Administrator for the priority determination as may have been setforth by the Village Board in regard to this specific right-of-way space and shall abide by those specific instructions.
35. The conditions on the existing structures, existing site and existing outdoor dining/seating area shall all be per existing conditions and approvals.
36. Three parking stalls located in the private lot behind 161 W. Wisconsin Ave. and/or 203 W. Wisconsin Ave. shall be designated as public use, one-hour parking and shall be marked as such.
37. Umbrellas shall be allowable with proper securing with final determination of acceptability by Village Staff.
Motion carried by roll call vote 5­2 with Comm. Mantz and Comm. Hoff voting no.

b. Review and discussion regarding portions of the Village of Pewaukee Comprehensive Plan update in progress (i.e. Chapter 8 - Transportation and Facilities Element and Chapter 9 – Implementation and Intergovernmental Cooperation). There may also be discussion regarding its relationship(s)/connectivity to the recently completed Village of Pewaukee Strategic Plan Update.
This item was postponed for discussion at a later date.

6. New Business

a. Review and discussion on the Conditional Use Grant Amendment request to conduct the seasonal, temporary use outdoor seating, dining and alcohol consumption and including an onsite food truck once weekly in the parking lot at Kranky’s, 719 Glacier Rd. The property owner and applicant is Kranky’s Investment Corporation in c/o Tony Dicks. Property is zoned B-1 Community Business. NO ACTION WILL BE TAKEN AT THIS MEETING.
Per Censky, the applicant would like to conduct a weekly “Bike Night” event in their existing paved parking lot to be held on Thursday nights from 4-9 p.m., April through October. The event shall include music provided by portable speakers and an independent food truck selling food to attendees. Beverages, alcohol and other drinks will be sold inside the bar in plastic cups or cans for carryout to the area in the parking lot cordoned off by safety tape. Ten existing striped parking stalls will be available for parking according to the site plan. No port-a-jons are proposed. Censky reminded the Commission that this item was approved during the Covid pandemic on a temporary basis but the Village expressed the need to make this a formalized CUG. Administrator Gosse confirmed that there have been no complaints from residents in regards to these events. The Commission favored a temporary CUG for 2021 only, with the possibility for renewal at staff level without reapplying if there are no problems that arise.

b. Review and discussion on the Conditional Use Grant request to add and remove various buildings, structures and yard areas, and to reconfigure the site layout at the Village of Pewaukee’s existing public works/utility installation located at 1000 Hickory Street. The property owner and applicant is the Village of Pewaukee. Property is Zoned IPS Institutional and Public Service District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Censky presented a very preliminary plan so as to collect feedback for the architects and engineers of this project. Applicant proposes elimination of four of six buildings on the site with plans to approach the development in two phases. Phase one will be an addition to an existing building. As it is in a legal non-conforming condition and the addition would not change that, a less than 50 ft. setback is allowed. Proposed plans comply with the 30% maximum footprint coverage, 35% open space requirement and building height maximum of 42 ft. There was not enough information at this time to determine, however, if the salt bin meets all of the requirements. The proposed development is allowable in the IPS district and is surrounded by B-5 zoning except to the south where the Pewaukee River flows. Parking increases from 11 to 18 stalls with this plan but the outdoor yard is substantially reduced with the larger footprint of buildings intended to house vehicles and equipment currently stored outdoors. A steel-type fence is intended for security and building materials will be pre-cast concrete with some brick enhancements and limited block use. Landscaping would be a necessary improvement Censky suggests. Trustee Roberts explained that the building erected approximately 45 years ago is not adequate for the current size of the community. Per Roberts, the buildings are in terrible condition with building walls separating, roofs leaking, etc. The cost to repair would be greater than the cost to rebuild. As this will be the most expensive public project in the history of Pewaukee, the Village has been working with Baird on a solution to pay for the buildings. Per Roberts, the library and the Village Hall debt issuances will essentially be coming to an end, so in this case, new debt will replace old debt so as to have no impact on taxes. Village-contracted Engineer Barbeau indicated that access to the lot, as well as sanitary sewer and water, will not be an issue, but he would like to see calculations for stormwater management before a final approval would take place.

c. Review and discussion on the Conditional Use Grant request to modify the existing configuration of the site and building(s) at 1151 Hickory Street to accommodate the home terminal and office use for a commercial/industrial services contractor Great Lakes Power Vac LLC. The applicant and property owner is Capital Acquisitions LLC in c/o Matthew Quest. Property is zoned B-5 Light Industrial District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Censky reviewed details previously presented to the Commission where the prospective tenant will refurbish the building and property in order to house vehicles for a commercial/industrial services contractor. The proposal includes landscape screening, reskinning of the building with the block being tuckpointed and repainted, and overhead steel doors being replaced with glass doors. There will be outdoor storage. One concern is the lot to the north is only accessible via this site as there is no access by public streets. Censky recommended that an easement be depicted on the final site plan. Village-contracted Engineer Barbeau stated the applicant intends to create two access drives, the site already has sewer and water, and, because the amount of hard surface will be reduced with the proposed increase in landscaping, stormwater will not be required. Per Barbeau, some of the berms appear to be atop gravel so he will need to see the final plans to determine any water/drainage issues. He suggests more greenspace along the north side. The Commission generally felt that an easement will not be a necessary part of the CUG as the pressure will be on the property owner to complete. The Commission also favored the idea of more landscaping over fencing as it holds more appeal. The Commission indicated that they would like to see proposed building materials, if possible, although they do not want to hold up any timelines.

d. Review and discussion on the Conditional Use Grant request to modify/enlarge the existing boathouse at 403 Park Avenue. The applicants and property owners are Timothy and Mary Pulte. Property is zoned R-5(LO) Single-Family Residential with Lakefront Overlay District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Censky reviewed the applicants’ request to expand their existing boathouse in order to internalize their boat which now stays on the lake. It will increase a total of 74 square feet to what it is currently on site. The increased square footage will occur on the side of the applicant and not that of the lot line. The boathouse has no plumbing, kitchen, cooking, rental or overnight uses proposed. Censky recommends that the design, materials and colors be confirmed, and the erosion/stormwater management plans be in place before a CUG is issued. All other code requirements have been met, per Censky. Discussion followed regarding construction access to the site and the responsibility for the applicant to repair any damage to public property. The Commission generally responded favorably to the design and the proposed building.

e. Review and discussion on the Conditional Use Grant request of applicant and property owner North Shore Bank FSB/North Shore Savings Bank to allocate the existing paved, striped parking stalls on their adjoining properties located at 104 and 120 W. Wisconsin Ave. to public parking use. Property is zoned B-2 Downtown Business District. NO ACTION WILL BE TAKEN AT THIS MEETING.
Planner Censky reviewed the site layout which reflects 26 existing, paved and striped parking stalls. Six of the stalls will be dedicated to bank customers and employees during business hours, with all stalls available during off-hours. The parking would be metered for public use, which is allowable as a conditional use in the B-2 Downtown Business District. All payments for parking will be via a cell phone app with both instructional/informational and advertising signage proposed in support of this use. Signage will also demarcate the stalls preserved for bank use during business hours. No sign plans are available at this time. Discussion followed regarding addition of much-needed parking downtown and signage. The Commission responded favorably to the proposed use.

f. Discussion and possible action on scheduling a Special Meeting for possible action on the Conditional Use Grant Application Items.
Comm. Belt motioned, seconded by Comm. Mantz to meet via Zoom on Monday, June 14, 2021, at 6:30 p.m.
Motion carried by roll call vote 7-0.

g. Discussion and possible action on scheduling a Special Meeting for discussion and direction related to the Comprehensive Plan/Land Use Plan update items.
The Commission was not in favor of scheduling another meeting and was in agreement to carry this item over to the July 8, 2021, regular Plan Commission meeting.

7. Citizen Comments - None.

Comm. Hoff indicated that she would like the Village to reach out to Jon Haines and Mrs. Grybush, of which both were frustrated with the Zoom meeting process and left the meeting feeling like they were not heard. President Knutson explained that the commission cannot interact with citizens during the citizen comments, but he confirmed that he will speak to Administrator Gosse about reaching out to them.

8. Adjournment

Trustee Roberts motioned, seconded by Comm. Hoff to adjourn the June 1, 2021 Regular Plan Commission meeting at approximately 9:12 p.m.
Motion carried by roll call vote 7-0.

Respectfully submitted,

Jackie Schuh
Deputy Clerk-Treasurer
Village of Pewaukee