Plan Commission Meetings and Agendas

VILLAGE OF PEWAUKEE
PLAN COMMISSION MINUTES
January 13, 2022 – 7:00 pm

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 January 13, 2022, meeting in President Knutson's absence.
Comm. Grabowski nominated Trustee Craig Roberts. No other nominations were voiced and Trustee Roberts accepted the nomination.
Comm.  Hoff motioned, seconded by Comm. Lange to appoint Trustee Roberts as acting chairperson for January 13, 2022, Regular Plan Commission Meeting.  
Motion carried unanimously.

Members present: Comm. Theresa Hoff, Comm. Jim Grabowski, Comm. Ryan Lange, Trustee Craig Roberts.

Members excused: Comm. Cheryl Mantz, Comm. Brian Belt, President Jeff Knutson. 

Also present: Village Planner Mary Censky, Village Contract Engineer Tim Barbeau, Village Attorney Matt Gralinski, Village Administrator Scott Gosse, and Deputy Clerk-Treasurer Jackie Schuh.

2. Public Hearings

a. On proposed updates to the Village of Pewaukee Comprehensive Plan - 2035.
No comments.

b. On Conditional Use Grant request to locate/operate an automobile service facility (i.e. StreetWorks Exotics) in the existing building/site located at 600 Hickory Street. The applicant is Matt Backhaus d/b/a StreetWorks Exotics. The property owner is Road Runner Venture LLC in c/o Matthew Quest. The property is zoned B-5 Light Industrial District.

Matt Quest at 153 Park Ave - Mr. Quest advised that he is available to answer questions if any should arise.  

3. Citizen Comments - No comments.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – December 9, 2021
Comm. Lange motioned, seconded by Comm. Hoff to approve the minutes of the December 9, 2021, regular Plan Commission meeting, after confirmation by staff review of the recording, with the following corrections:
1. Item 4a motion should read: "Comm. Lange motioned, seconded by Comm. Mantz to approve the minutes of the November 11, 2021, regular Plan Commission meeting as presented.  Motion carried 4-0-2 with Comm. Belt and Comm. Hoff abstaining."  
Motion carried unanimously.

5. Old Business

a. Review, discussion, and possible action/recommendation to the Village Board on the Conditional Use Grant request to construct a multi-family building/use (i.e. a duplex) at 203 E. Wisconsin Avenue. The property owners/applicants are Joanne Koehler and Dwight Zoellner. The property is zoned B-2 Downtown Business District.
Planner Censky reviewed the planner's report as presented to the Plan Commission at the December 9, 2021 meeting.  The plan presented provides two dwelling units, side-by-side in a 3-story building.  Each unit faces E. Wisconsin Ave. with a sidewalk from the front door to the sidewalk.  The garage units are in the lowest level and are accessible only via an easement that enters from Clark St. and runs behind this property.  The building has a two-story appearance from the front.  Per Censky, the greenspace calculations are approximately 37% and exceed the 5% minimum.  Censky and Contract Engineer Barbeau indicated the documentation for the easement is not adequate to proceed, and Attorney Gralinski concurred, also indicating that the easement was only legitimate for 60 years unless another document refers to it more recently and before it expired.  All were in agreement that the burden to produce sufficient documentation evidencing a valid easement falls on the applicant.  The easement documents provided so far are from 1950 and are considered stale unless further documentation is put forth for the Village Attorneys review and approval.  Per Barbeau, the legal description indicates that the easement location is actually to the center of the property and is not as reflected on the drawing.  
Comm. Grabowski motioned, seconded by Comm. Lange to recommend to the Village Board for approval of the Conditional Use Grant to develop a duplex on B-s Downtown Business District zoned site with the resolution of the legal description/easement to be handled at staff level, and with the following recommendations:
1) Prior to the recording of the Conditional Use Grant, the applicant must provide to Village Staff the calculations confirming the minimum open space standard of 5% is met within the developed lot;
2) Prior to the recording of the Conditional Use Grant, the applicant must provide evidence, satisfactory to the Village Attorney, that enduring access for a duplex use on this lot with two double-stall-garages entering from the rear of the site is indeed available to this site;
3) The applicant to secure an amendment to the Comprehensive Plan Land Use Plan Map Element changing the category of Land Use for this site from existing Single-Family Residential to proposed General Commercial prior to issuance of a building permit for the new duplex.
4) Submittal of a site grading, drainage, and erosion control plan and subsequent Village Engineer approval of the plan prior to receiving a building permit.
5) Completion of all underground work (sewer, water, electric, gas, etc.) that may affect E. Wisconsin Ave. prior to May 1, 2022, or the date on which the E. Wisconsin Ave. road work is started, whichever is earlier.
6) Individual sewer and water laterals to each of the two units.
Motion carried unanimously.

b. Review and possible recommendation to Village Board on updates to the Village of Pewaukee Comprehensive Plan – 2035.
Comm. Grabowski motioned, seconded by Comm. Hoff to table Item 5b.
Motion carried unanimously.

6. New Business

a. Review, discussion, and possible action on the Conditional Use Grant request to locate/operate an automobile service facility (i.e. StreetWorks Exotics) in the existing building/site located at 600 Hickory Street. The applicant is Matt Backhaus d/b/a StreetWorks Exotics. The property owner is Road Runner Venture LLC in c/o Matthew Quest. The property is zoned B-5 Light Industrial District.
Planner Censky reviewed the details of the proposal, indicating that Streetworks Exotics describes their use of this site for restoration and preservation of classic vehicles including related manufacturing, assembly, and fabrication thereof.  Included with the application was an application for a Wisconsin Used Car Dealer License, which is not currently a use allowed by the Code in any of the zoning districts.  She advises that the Code would need to be amended to include an auto sales use permission in the B-5 Light Industrial District before such a use could be considered or approved.  She reviewed the draft of the Conditional Use Grant.  Discussion followed confirming the auto sales would be mostly internet sales and housed within the building only.  Trustee Roberts requested that the additional language for specific automobile sales if still desired by the applicant, be explored and brought back to the Commission and Village Board at a future date.  Until then, there is no auto sales use allowed as a part of this proposed use. 
Comm. Grabowski motioned, seconded by Comm. Lange to approve the Conditional Use Grant request to locate/operate an automobile service facility (i.e. StreetWorks Exotics) in the existing building/site located at 600 Hickory Street with the following recommendations:
1) Subject to the terms and conditions outlined in the DRAFT Conditional Use Grant as presented;
1) No new or used automobile sales are permitted at this site as a part of this approval;
2) Recording of the Conditional Use Grant prior to the start of occupancy at this site;
3) Applicant to secure all necessary building and/or occupancy permits prior to the start of any interior or exterior building modifications at this site.
The Planner recommends against Village signatures on the Wisconsin Motor Vehicle Dealers License until such time as new and/or used automobile sales use is expressly added to the Village Code for the B-5 Light Industrial Zoning District, after which the applicant can make a request for such approval by the Planning Commission as to this specific site.
Motion carried unanimously.

b. Review, discussion, and possible recommendation to the Village Board for approval of a certified survey map dividing the building and related site improvements at 227 Sussex Street onto a 1.868-acre lot of its own and leaving a remnant (principally vacant) 15.8209-acre parcel. The applicant is Wellspring Construction Group LLC in c/o Tim Knepprath. The property owner is 230 Sussex Street LLC. The property is zoned B-5 Light Industrial District and FC Floodplain Conservancy District.
Planner Censky and Engineer Barbeau.  The applicant commented that they were principally in agreement with the Staff reports.  They did ask that an extension from 6 months to 15 months be granted for the removal/razing of the main barn accessory building on the property as it is part of phase two of their plan. 
Comm. Grabowski motioned, seconded by Comm. Lange to recommend to the Village Board for approval of a certified survey map dividing the building and related site improvements at 227 Sussex Street onto a 1.868-acre lot of its own and leaving a remnant (principally vacant) 15.8209-acre parcel with the following recommendations:
1) Final Village approval, execution, and recording of the Certified Survey Map;
2) Any/all existing building(s) located on Lot 1 of the CSM shall be razed and removed from the site not later than six months following the recording of the CSM except for the main barn accessory building which may remain for up to fifteen months;
3) Applicant to provide, for Village Staff review and approval prior to attaching Village signatures on the map, computations confirming that Lot 2 of the CSM will have Code compliant minimum 35% greenspace and maximum 30% floor area ratio;
4) Village Engineer review and approval of the CSM as to technical accuracy and closure in the legal description;
5) Modifications to the right-of-way dedication along Maiden Lane as requested by the Engineer.
Motion carried unanimously.

c. Review, discussion and possible recommendation to the Village Board for Planned Unit Development (PUD) Overlay District rezoning (including the underlying building architecture/materials/colors, site layout, exterior lighting, landscaping, fencing, and similar related plans) for a proposed 336 +/- unit personal storage development in eight buildings proposed to be located immediately north and west of (and adjacent to) 227 Sussex Street. The applicant is Wellspring Construction Group LLC in c/o Tim Knepprath. The property owner is 230 Sussex Street LLC. The 15.8209-acre property is zoned B-5 Light Industrial District and Floodplain Conservancy.
Planner Censky reviewed the applicant's proposal comprehensively and pointing out specifically, the areas where the plan does not exactly comport with the Village’s Code requirements,  These exceptions, she noted would have to be expressly granted by the Planning Commission through the PUD zoning process.   Commissioners, in turn were generally agreeable to the limited exceptions noted.  Engineer Barbeau confirmed that additional footage would be required to bring the right-of-way on Maiden Lane to 55 feet vs the current 49.5 feet and he noted that the applicant was in agreement to remove the dead trees as part of their development plans.  Discussion followed regarding the fence height, right-of-way measurements, setback, offsets, retention ponds, and fire department access to the development.
Comm. Lange motioned, seconded by Comm. Hoff to recommend staff move forward with the drafting for Planned Unit Development (PUD) Overlay District rezoning (including the underlying building architecture/materials/colors, site layout, exterior lighting, landscaping, fencing, and similar related plans) for a proposed 336 +/- unit personal storage development in eight buildings proposed to be located immediately north and west of (and adjacent to) 227 Sussex Street. with the following recommendations:
1) Village Attorney and Village Staff to work, together with the applicant, to draft a PUD document capturing all of the specific terms of any recommendation the Planning Commission may make for approval, including operating plans, building architecture/materials/colors plans, site layouts, exterior lighting plans, landscaping plans, fencing plans, and similar related plans. This document shall be returned to the Planning Commission for their final review and approval (recommendation) as to form and content before being advanced to the Village Board for their final decision on this request for PUD Overlay rezoning;
2) Recording of the final, approved PUD document prior to the start of any earthwork, utilities, and/or building construction at this site;
3) A certified survey map splitting this underlying development lot off as a vacant lot unto itself and 15.8209 acres in size, must first be recorded in the Waukesha County Register of Deeds office;
4) Applicant to provide for Village Staff review and approval, a cut-sheet image of the wall pack light fixture as specified on the plans;
5) No unit occupancy in either of the two proposed phases of this development shall be permitted until all of the required improvements for the respective phases have been completed and installation of all fencing/gates and all landscaping is complete;
6) Village Engineer review and approval of all grading, drainage, erosion control, stormwater management, utility, and similar plans … prior to recording the PUD document;
7) Actual building materials and colors (including for the proposed fence and access control keypad[s]) are to be presented by the applicant for the Planning Commissioners in-person viewing and approval prior to advancing this matter to the Village Board;
8) Both the monument sign (as noted along Sussex Street) and any access control keypad(s) must be setback at least 10 feet and 20 feet, respectively, from the edge of public road right-of-way;
9) The lot size used in the general site calculations doesn’t comport with the lot size based on the CSM – this must be corrected by the applicant for review and approval by Village Staff.
10) Up to one unit in Building #1, not to exceed 10’ x 20’ in area, may be used for office purposes directly related to this personal dry, cold storage use onsite. It is the only unit in the development that may be heated, cooled and/or serviced with water or sanitary sewer. This office may be staffed and accessible by tenants up to 24/7/365;
11) Fire Department review and approval of this site plan as to satisfactory circulation/accessibility throughout and adequacy of water supply provisions;
12) Tenant access to all leased storage units shall be 24/7/365;
13) There shall be no outdoor storage of materials, equipment, or supplies of any sort permitted on this site;
14) No vehicle of any sort (including but not limited to RV’s, boats, trailers, ATV’s, construction equipment, trucks, and similar for instance) is permitted to be parked outdoors on this site at any time. The personal vehicle of a tenant who is actively accessing their unit or the office unit may be parked outdoors during the period of time they are actively accessing their/the office unit;
15) No signs may be installed at this site unless a sign permit is first issued;
16) The overhead access doors for all units must remain closed and locked at all times except when the units are being actively accessed;
17) There shall be no refuse containers stored outdoors on this property at any time;
18) Prior to issuance of a building permit in support of this project, all POD storage containers and all existing building(s) on this property shall be razed/removed and any other unenclosed vehicles, materials, equipment, or supplies presently stored or lying around outdoors on this property shall be removed from the site;
19) Upon recording of the PUD document, the existing Conditional Use Grant for PODs storage use on this site shall simultaneously terminate and become void;
20) The gate proposed along Sussex Street shall be kept closed at all times and open only on key/fob/pin access for tenant and property owner ingress and egress purposes. The gate along Maiden Lane is for public safety/emergency ingress/egress only. It shall be kept closed at all other times. Public safety access key/fob/pin for both gates shall be provided to designated Village officials for public safety access purposes;
21) 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 planned unit development zoning to the extent permitted in accordance with Section 40.366 of the Land Development Code;
22) The removal of the pods currently located at the property prior to the issuance of any building permits;
23) The removal of the existing barn structure within 15 months following the recording of the CSM;
24) The removal of all dead trees within the extended right-of-way along Maiden Lane;
25) There shall be no operation of small businesses within any storage unit within the development;
26) The exception be made to allow for fencing up to a height of 6 feet 6 inches;
27) The installation of a temporary fence in Phase 1 extending to building one;
Motion carried unanimously.

d. Review, discussion, and consultative feedback regarding the side and rear yard offset requirements for attached building features such as decks/porches/seasonal rooms in the Residential Infill-Redevelopment Overlay (RIRO) zoning district. This matter is Village initiated.
Planner Censky reviewed language regarding setback and offset requirements in the Residential Infill-Redevelopment Overlay zoning district in relation to non-storage accessory structures such as decks, patios, gazebos, etc.  Censky asked for the Commission's feedback on smaller setback and offset requirements.  Discussion followed regarding attached structures such as impacts on neighboring lots, and whether this would be setting precedence.  The Commission, in general, was not supportive of the change.  Although some thought a slight adjustment may be acceptable, they were not in favor of offering any concessions as the original drafting of the District was already very lenient when compared to the Village’s more typical residential standards.

7. Citizen Comments - None.

8. Adjournment

Comm Grabowski motioned, seconded by Comm. Hoff to adjourn the January 13, 2022, Regular Plan Commission meeting at approximately 9:05 p.m.
Motion carried unanimously.

Respectfully submitted,

 Jackie Schuh
Deputy Clerk-Treasurer