Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
May 12, 2022 – 7:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072

1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 7:00 p.m.
Plan Commission members present: Comm. Mark Grabowski, Comm. Theresa Hoff, Comm. Belt, Comm. Cheryl Mantz, Comm. Ryan Lange, Trustee Craig Roberts, and President Jeff Knutson.

Also present: Village Planner, Mary Censky; Village Attorney, Matt Gralinski; Village Clerk, Casandra Smith; Village Contracted Engineer, Tim Barbeau.

2. Public Hearings

a. On a 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.

None.

b. On a Conditional Use grant request to construct a 141-Unit Housing for the Elderly project on 4.7 acres of vacant land located at the northwest corner of Swan Road and Hwy 164.  The applicant is Aaron Matter d/b/a Matter X LLC.  The property owner is BV-Pewaukee Ltd Partnership.  The property is zoned B-3 Office and Service Business District with Housing for the Elderly Overlay.

None.

3. Citizen Comments: None.

4. Approval of the Minutes:

a. Regular Plan Commission Meeting – April 14, 2022
Trustee Roberts motioned, seconded by Comm. Grabowski to approve the minutes of the April 14, 2022, Regular Plan Commission meeting as presented.
Motion carried 5-0-2; Member Mantz and Lange abstained.

5. Old Business

a. Review and discussion regarding possible updates to the Village’s ‘Off-Street Parking Requirements’ as setforth in Chapter 40, Article VII, Division 2. of the Village Code.

No information was presented.

6. New Business

a. Review and Possible Action on a 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 explained that this item was brought to the Plan Commission in December and approved with a different building layout but due to an easement not being applicable to access the rear facing garages, the applicant has revised their plan to what is in the packet.  This is a duplex with front-loading garages with direct access off East Wisconsin Ave.  Censky stated that the applicant will need to provide the offsets, setbacks, and green space calculations.  This item will require Village Board approval and she advised that the Land Use and Zoning District be looked at to make the land use and zoning consistent on a future agenda.  Engineer Barbeau stated that the new plans have two, two-car garages.  This will remove 2-4 spaces for parking from the street.  A single residential property has a standard driveway width of 25’.  He asked for a determination regarding the water lateral and if the Plan Commission would like the owner to have 2 water laterals and 2 water meters or one combined.  He also suggested that the sanitary and water laterals be placed before construction on East Wisconsin takes place.  Discussion followed regarding the driveway width and if there should be two separate driveways or one larger drive.

Trustee Roberts motioned, seconded by Comm. Mantz to Recommend approval to the Village Board as presented with the overall driveway not to exceed 50’ wide, installation of two sanitary laterals and two water laterals, one of each for each unit, and the following Planner and Engineer recommendations:

1) Prior to recording of the Conditional Use Grant, the applicant must provide to Village Staff and depict on the site plan, the calculations confirming the minimum open space standard of the B-2 District (i.e., 5%) is met within the developed lot;

2) Prior to recording of the Conditional Use Grant, the applicant must provide to Village Staff and depict on the site plan, the actual and Code compliant front (minimum 15’), side and rear (both minimum 10’) setbacks/offsets of the proposed new duplex to the lot lines.

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) Village Engineer review and approval of the development plan as to the direct driveway access to East Wisconsin including for instance, the specific location and dimensions thereof, and also as to grading, drainage and provision of utilities to the site.

5) Submittal of a site grading, drainage and erosion control plan and subsequent Village Engineer approval of the plan prior to receiving a building permit.

6) Completion of all underground work (sewer, water, electric, gas, etc.) that may affect E. Wisconsin Avenue shall be coordinated with the construction manager for the Village, Village Engineer, and Director of Public Works and be completed at a time that will not negatively affect the construction work on East Wisconsin Avenue.  This work must be done prior to or during the Village’s 2022 E. Wisconsin Avenue construction project.

Motion carried 7-0.

b. Review and Possible Action on a Conditional Use grant request to construct a 141-Unit Housing for the Elderly project on 4.7 acres of vacant land located at the Northwest corner of Swan Road and Hwy 164.  The applicant is Aaron Matter d/b/a Matter X LLC.  The property owner is BV-Pewaukee Ltd Partnership.  The property is zoned B-3 Office and Service Business District with Housing for the Elderly Overlay.

Planner Censky stated that the applicant is proposing a Conditional Use Grant to construct a 141-unit housing for the elderly project with 71 independent living units, 16 memory care units, and 53 assisted living units.  As described in the Planners memo, the only requests that are not specifically Code compliant but which the Planning Commission does have authority to waive/modify are:

·  As to this proposal specifically, 150% of permitted density = 141.  Proposed total units = 141 (i.e., compliant subject to Planning Commission approval).

·  Maximum Permitted Number of Independent Living Units = 50% of total units.  As to this proposal specifically, 50% of total units = 70.5.  Proposed independent living units = 71  (i.e., ?compliant).

·  Maximum Building Height = 52 feet allowed in HEO District. Maximum Building Height = 55 feet allowed in B-3 District. Proposed = ~57.17 feet (i.e. non-compliant).  The area above 55’ is a decorative arch, it is not the height of the majority of the building.

·  Minimum Building Setback from Street Right-of-Way/Front Property Lines = 50 feet.  Proposed = Exceptions proposed along Hwy. 164, Plan Commission can grant a waiver or modify this setback.

·  Plantings meet and exceed code standards but the street tree caliper doesn’t meet the minimum code requirement of 2.5” at one foot above grade.

The building calls for four occupied stories above grade with below-grade parking, up to 74 cars.  The site provides 62 on-site parking spaces.  The Village doesn’t have standards for inside/underground parking at this time.  The lighting fixtures are generally compliant with some decorative fixtures that are not fully cutoff but those are fairly low output.  The area along Swan Road at the entrance exceeds .5 footcandles but because that is at the main entrance and exit the Planner is not as concerned. 

Engineer Barbeau explained that a stormwater pond will be located in the northwest corner of the site and the discharge will be to an existing storm sewer extending to STH 164.  Currently, there are hydrants on Swan Road and STH 164 from the City of Pewaukee’s water system, he advises that the applicant ensure that the City is on board with the project.  The traffic engineer at raSmith did not find it necessary to put in bypass lanes but noted that the entrance and exit be clearly marked. 

Trustee Roberts stated that the height is only for a decorative arch and therefore he doesn’t see that as a problem.  Comm. Grabowski stated this is a great fit.  Comm. Hoff expressed her concerns regarding the size and the added use to the fire department.  Comm. Belt expressed his concern for EMS and fire services.  Trustee Roberts reminded the Commission that due to Act 67, 2017 there are limitations on what basis the Plan Commission candeny.  Comm. Mantz expressed that she doesn’t believe there will be traffic problems as this is not a high-traffic type of use.  She asked that the exteriors be further broken up with some decorative stone or something similar.  Discussion followed on specific requirements.

Trustee Roberts motioned, seconded by Comm. Grabowski to approve the Conditional Use Grant to construct a 141-Unit Housing for the Elderly at the Northwest corner of Swan Road and Hwy 164 as presented, allowing the max building height to exceed standards due to the decorative arch, building setbacks as presented including along Hwy 164, allow for 141 units with 71 units being independent living, allow staff to review details on tree and building material/architectural details which will be brought back to the Plan Commission only if inconsistent with this renderings imagery in addition to the following conditions:

1) Fire Department review and approval as to the serviceable of this project from a public safety standpoint;

2) Village Engineer review and approval of all grading, drainage, stormwater management, erosion control, street access, and utility plans offered in support of this project prior to issuance of any permit to begin site preparation and/or construction work on this site;

3) Village Staff review and approval of HVAC location and screening plans when the locations and fixtures have been settled upon by the developer and prior to placing the HVAC at the site;

4) Village Staff review and approval of the detailed schedule of building materials and colors;

5) Planning Commission express acknowledgement as to the specific areas where exception from the Code standards is approved (see above in the motion).

6) Resolution of all engineering review comments related to the stormwater management plan and site development plans provided to the developer’s engineer dated May 3, 2022.

7) Determination of where the sanitary sewer and water service laterals change from public to private and determination of where a water meter needs to be located.

Motion carried 5-2; Comm. Hoff and Belt voting nay.

c. Review, discussion and consultative feedback to the applicant regarding possible modifications to the rear yard requirements as set forth in the Residential Infill-Redevelopment Overlay District pertaining to lots with rear yards that abut, entirely, the rear yard of other newly platted lots and/or outlots within the same development.  The applicant is Cornerstone Development in c/o Joe Orendorf and John Wahlen, and Alan Peters of True Vine Development.  This property is zoned Residential Infill-Redevelopment Overlay District.

Planner Censky stated that this was brought to the Plan Commission last month where 13 lots were asked for consideration to amend the ordinance to permit a reduction for rear yard requirements for decks on certain lots in the Residential Infill-Redevelopment District.  Censky read the current and proposed update language.  Discussion followed regarding the proposed language.  Joe Orendorf @ W282N4227 Sommerset Ln, Pewaukee, a representative with Cornerstone Development stated that one property abuts, slightly, a currently existing property external to this new development, sharing a lot line of about 5’ on one section and asked for clarification on that based on the proposed language not allowing for such.  The direction given by the Commission was to include a percentage that was less than “the entirety” but not too lenient. 

d. Review, discussion, and possible approval of a Sign Code Waiver request for Dollar Tree, in c/o Bob Kraus of Bauer Sign, to place a 57.39 square foot tenant wall sign on the main entry/south facing façade of their tenant space in the building at 690 Westfield Way where 30 square feet maximum is set forth by Code.  The property owner is 690 Westfield Way LLC.  This property is zoned B-1 Community Business District. 

Planner Censky explained that this property has been looked at before for sign waivers due to the substantial building offset from Capitol Drive.  The allowable sign size according to the Code is 30 sq.ft and the applicant is proposing a 57 sq,ft. sign so that it is visible from Capitol Drive. It was noted that the sign fits sensibly, in terms of scale, within the section of building wall it’s proposed to be fastened to.

Trustee Roberts motioned, seconded by Comm. Grabowski to approve the sign code waiver for Dollar Tree at 690 Westfield Way as presented due to the building setback from Capitol Drive.
Motion carried 7-0.

7. Citizen Comments – None.

8. Adjournment
Trustee Roberts motioned, seconded by Comm. Mantz to adjourn the May 12, 2022, Regular Plan Commission meeting at approximately 8:34 p.m.
Motion carried 7-0.

Respectfully submitted,

Casandra Smith
Village Clerk