Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MEETING MINUTES
August 12, 2021

1. Call to Order and Roll Call

Deputy Clerk-Treasurer Jackie Schuh called the meeting to order at approximately 7:00 p.m. 

Schuh asked for nominations for an acting chairperson for the August 12, 2021 meeting in President Knutson's absence.
Comm. Mantz motioned, seconded by Comm. Lange to appoint Trustee Roberts as acting chairperson for the August 12, 2021, Regular Plan Commission Meeting. No other nominations were voiced and Trustee Roberts accepted the nomination.
Motion carried 6-0.

Plan Commission members present:  Comm. Jim Grabowski, Comm. Theresa Hoff, Comm. Cheryl Mantz, Comm. Ryan Lange, Comm. Brian Belt, Trustee Craig Roberts.  President Jeff Knutson was excused.

Also in attendance:  Village Planner Mary Censky, Village Attorney Matt Gralinski, Deputy-Clerk Treasurer Jackie Schuh.

2. Public Hearings

a. On the conditional use grant request of applicant Caven Boggess to have a food truck parked and selling food daily, from 11:30 a.m. to 9 p.m., from April 1 through October 31 annually at Netties Irish Pub – 733 W. Wisconsin Avenue. The property owner is Kevin O Kleczka. The property is Zoned B-1 Community Business District.
No comments.

b. On the conditional use grant request of applicant Supreme Marine & RV in c/o Matt Kreitlow to amend the recently approved conditional use grant for Supreme Marine & RV by adding outdoor storage areas north of the principal building, adding overhead doors on the east building elevation, expanding the retail sales floor area, and adding a salt storage bin north of the building at 1045 Hickory Street. The property owner is RTE Corp. The property is Zoned B-5 Light Industrial District.
No comments.

3. Citizen Comments - No Comments.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – July 8, 2021
Comm. Grabowski motioned, seconded by Comm. Belt to approve the minutes of the July 8, 2021, Regular Plan Commission meeting as presented.
Motion carried 6-0.

5. Old Business

a. 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.
Planner Mary Censky indicated the chapters will be emailed to Commissioners for review and they will be discussed at the September 9, 2021, Regular Plan Commission meeting.  There was no discussion at this point.

6. New Business

a. Review and possible action on a conditional use grant application to have a food truck parked and selling food daily, from 11:30 a.m. to 9  p.m., from April 1 through October 31 annually at Netties Irish Pub – 733 W. Wisconsin Avenue. The applicant is Caven Boggess. The property owner is Kevin O Kleczka. The property is Zoned B-1 Community Business District.
Planner Censky explained that the food truck would park and operate in the parking lot area alongside of/east of the building.  No electrical or water services will be provided to the food truck and food sales/service will be open to patrons of Nettie's Irish Pub as well as the general public.  No tables or chairs are proposed as this is a grab-and-go service with seating available at Nettie's existing dining deck.  The days/hours proposed are Sunday through Saturday, 11:30 a.m. to 9 p.m. from April 1 through October 31.  Discussion followed regarding ordinance rules on temporary/seasonal uses and limiting hours of operation on Sundays. 
Comm. Grabowski motioned, seconded by Comm. Mantz to approve the Conditional Use Grant to have a food truck parked and selling food daily at Nettie's Irish Pub with the following recommendations:

1. This grant shall become effective upon the execution and recording by the owners and operators 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 Planning Commission approval noted above.
3. This grant is subject to amendment and termination in accordance with the provisions 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. 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.
6. This grant shall automatically be null and void if this use is discontinued for a period of twelve (12) months.
7. Failure to allow reasonable and routine inspections of the property constitutes grounds for revocation of the Conditional Use Grant.
8. Conditions on the Operations:

a. Days/hours of operation: Monday through Saturday from 11:30 a.m. - 9:00 p.m., and Sundays 11:30 a.m. - 9:00 p.m., unless an existing ordinance or previous Conditional Use Grant states otherwise, from April 1 through October 31 of each year;
b. The truck is intended by the applicant and approved for use by patrons at the Nettie’s Irish Pub on-site and/or the general public.
c. There may never be more than one food truck present at this site.
d. No lighting and/or signage is proposed or approved in support of this food truck use.
e. No food truck may be parked or stored outdoors at this site during the months November - March.
f. The truck shall be parked on the pavement and not occupy more than 2 parking stalls in the parking lot.
g. There are no tables, chairs, trash bins, fencing, porta-jons,… proposed or approved to be added to the site as a part of this food truck use;
h. The truck shall not require the provision of utilities such as electric, water and/or sanitary, gas,… rather these services, to the extent needed, shall be provided on-board the truck itself;
i. Any substantiated material adverse impacts upon surrounding properties resulting from this use ( including, though not necessarily limited to noise, loitering, odor, traffic, parking, litter, lighting …) shall be the responsibility of the owner to correct immediately upon notice from the Village and failure to do so may result in action toward revocation of this conditional use grant or portions thereof;

9. Conditions on the food truck:

a. The truck/operator shall at all times have current Waukesha County and/or Wisconsin State licensure to operate and prepare/sell their products for consumption in/from this vehicle;
b. The truck shall at all times be licensed and operable.

10. Conditions on the site:

a. Street access (number, location, design): Per Existing Condition.
b. Off-Street Parking (location and design including screening thereof): Per Existing Condition.

Motion carried 6-0.

b. Review and possible action on a conditional use grant application to amend the recently approved conditional use grant for Supreme Marine & RV by adding outdoor storage areas north of the principal building, adding overhead doors on the east building elevation, expanding the retail sales floor area, and adding a salt storage bin north of the building at 1045 Hickory Street. The property owner is RTE Corp., and the applicant is Supreme Marine & RV in C/o Matt Kreitlow. The property is Zoned B-5 Light Industrial District.
Per Censky, the applicant is seeking to utilize the site/building for indoor parking, storage, sales, and service of boats, RV's, boat trailers, and related accessories via an amendment to a previously approved Conditional Use Grant.  Amendments proposed are the utilization of 15,000 -20,000 sq. ft. of the building interior, the addition of a 30'x30' salt storage bin on the north side of the building, general outdoor storage areas, and two overhead doors on the east side of the building.  Per Censky, the salt storage bin will open to the north and will be visible to neighboring residences, and no details have been provided as to what will be stored. Proposed exterior lighting fixture type will need to be provided for review and approval.  Discussion followed regarding the need to limit the storage of parts, the size of the salt storage shed, possible light/noise impacts to neighboring residential properties, and possible run-off contamination from salt storage. 
Comm. Grabowski motioned, seconded by Comm. Lange to approve the Conditional Use Grant application to amend the recently approved Conditional Use Grant for Supreme Marine & RV by adding outdoor storage areas north of the principal building, adding overhead doors on the east building elevation, expanding the retail sales floor area, and adding a salt storage bin north of the building at 1045 Hickory Street with the following recommendations:

a. 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.
b. 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.
c. This grant is subject to amendment and termination in accordance with the provision of the Zoning Code of the Village.
d. 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.
e. 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.
f. This Grant shall automatically be null and void if this use is discontinued for a period of twelve (12) months.
g. Failure to allow reasonable and routine inspections of the property constitutes grounds for revocation of the Conditional Use Grant.
h. Conditions on the Operations:

1. Hours of operation are not specifically limited at this time.
2. Approved, outdoor parking/storage on this site may only be used only for the boats, vehicles, materials, equipment and supplies used in direct support of the Supreme Marine & RV business operations.
3. No outdoor business activity, such as but not necessarily limited to boat/vehicle/equipment maintenance and repair for instance, is allowed at this site.

i. Conditions on the Structures:

1. The existing structure shall remain “per existing conditions” in all respects except as provided for in Exhibit “A”, which is attached hereto and made a part hereof by reference, regarding the improvements required to be completed on/to the building prior to the start of use occupancy at this site.
2. Staff review and confirmation that the salt storage bin meets state regulations and that appropriate permit(s) are obtained.

j. Conditions on the Site:

1. The outdoor parking and storage of boats, vehicles, materials, equipment, and supplies used in direct support of the Supreme Marine & RV business operations shall be limited in location to only the areas of the site as depicted and approved on the attached Exhibit “A” site plan;
2. Exterior lighting shall be in accordance with the plans attached in Exhibit “A” except that all fixtures shall be installed facing directly toward the ground (i.e. no tilting) in order to comply with the provisions of Section 40.448 of the Village Code.

k. Other: 

1. No occupancy of the building or site shall be permitted until the conditional use grant and related land covenant have been fully executed and recorded in the Register of Deeds office.
2. The following items shall be submitted by the applicant for final review and approval by the Village Staff prior to release of the Conditional Use Grant for signatures and recording: (These documents, once approved, may be incorporated into Exhibit “A” which is attached hereto and made a part hereof by reference, or they shall become a part of the Village’s permanent file associated with this CUG)

a. Final principal building materials samples/colors and architectural drawings as to the new overhead doors, salt bin and any other exterior changes to the site or structure;
b. Comprehensive building floor plan;
c. Site parking and circulation plan description/depiction;
d. Dumpster location/screening plan;
e. Final location and screening plans for HVAC and utility installations at the site and/or on the building;
i. Village Engineer review and approval of any final grading, drainage, stormwater management, erosion control, utilities, and similar infrastructure plans in support of the proposed project.

3. Any substantiated, material, adverse impacts with respect to such things as, (but not necessarily limited to) noise, odor, smoke, light, vibration, litter, loitering, glare, traffic, parking, health, public safety, and similar… arising as a result of this use/operation shall be the responsibility of the property owner to correct timely upon notice from the Village and failure to correct any such problem in a timely manner may result in action toward modification or revocation of this conditional use grant to the extent permitted in accordance with Section 40.154(e) of the Land Development Code.
4. Recording of the conditional use grant prior to start of construction of any sort in support of this project;
5. Issuance of all required building, electrical, plumbing and similar permits as may be required prior to start of construction of any sort in support of this project;
6. Signage shall be limited to that which can be approved by the Village Staff administratively according to Chapter 70 of the Village Code, and/or use of the existing sign structures located on this site with changes thereto limited to copy content only.

c. Review, discussion and consultation on a possible Land Use Plan Amendment (from existing Community Commercial to proposed Multi-Family Residential) and rezoning (from existing B-1 Community Business District to proposed R-M Multi-Family Residential) for a 3.63-acre parcel located at the northeast corner of Ryan Street and Quinlan Drive. The applicant is Sterling Investment Funds, LLC in c/o Marcus B. Felker. The property owner is Heise Mantsch Development LLC.
Planner Censky briefly introduced the proposal of multi-family development in this B-3 location.  The Commission was steadfast in the stance of no additional multi-family developments in the Village of Pewaukee and indicated that mixed-use development is preferred.  The Commission reviewed their vision of lower-level retail units with residential units above.

d. Review, discussion and possible recommendation to the Village Board to modify the maximum permitted building height (i.e. Sections 40.253 and 40.283) and maximum permitted floor area ratio (i.e. Sections 40.252 and 40.282) regulations as setforth in the B-1 Community Business and B-3 Office and Service Business Zoning Districts respectively. This topic is Village initiated.
Planner Censky led the Commission through proposed language changes that give developers more flexibility in the B-1 and B-3 Business Districts as far as building type and construction.  Censky reviewed how other municipalities handle the same issue.  
Comm. Grabowski motioned, seconded by Comm. Lange to recommend to the Village Board to modify the maximum permitted building height (i.e. Sections 40.253 and 40.283) and maximum permitted floor area ratio (i.e. Sections 40.252 and 40.282) regulations as setforth in the B-1 Community Business and B-3 Office and Service Business Zoning Districts respectively with the following recommended language changes:

1. B-1 Community Business District

a. Sec. 40.252. - Building size/floor area ratio Maximum Impervious Lot Coverage.
The building floor area ratio in the B-1 district shall not exceed 30 percent. Maximum impervious coverage area on a lot in the B-1 District shall not exceed 65% with possibility of up to 70% if the greenspace requirement has been approved for reduction to 30%”.

b. Sec. 40.253. - Building height.
The height of any structure in the B-1 district shall not exceed 52 feet unless otherwise allowed in accordance with section 40.421.

2. B-3 Office and Service Business District

a. Sec. 40.282. - Building size/floor area ratio. Maximum Impervious Lot Coverage.
The building floor area ratio in the B-1 district shall not exceed 30 percent. Maximum impervious coverage area on a lot in the B-3 District shall not exceed 65% with possibility of up to 70% if the greenspace requirement has been approved for reduction to 30%”.

b. Sec. 40.283. - Building height.
The height of any structure in the B-3 district shall not exceed 52 feet unless otherwise

Motion carried 6-0.

7. Citizen Comments - No Comments.

8. Adjournment

Comm. Mantz motioned, seconded by Comm. Hoff to adjourn the August 12, 2021, Regular Plan Commission Meeting at approximately 8:25 p.m.
Motion carried 6-0.

Respectfully submitted,

Jackie Schuh
Deputy Clerk-Treasurer
Village of Pewaukee