Public Hearings on 227 Sussex St and 449 W Wisconsin Ave, Conditional Use Grants 227 Sussex St and 449 W Wisconsin Ave, possible recommendation on Draft Ordinance regarding sale of companion animals, CSM combining 104 and 120 W Wisconsin Ave.
PLAN COMMISSION MINUTES
August 11, 2022 – 7:00 p.m.
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. Ryan Lange, Comm. Cheryl Mantz, Comm. Brian Belt, Trustee Craig Roberts and President Jeff Knutson. Excused: Comm. Theresa Hoff.
Also present: Village Planner, Mary Censky; Village Contracted Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; Village Administrator; Scott Gosse, and Village Deputy Clerk/Treasurer, Jenna Peter.
2. Public Hearings:
a. On a Conditional Use Grant request of applicant/property owner 230 Sussex Street LLC in c/o Tim Knepprath, to develop approximately .46 acres of their 1.83
+/- acre, B-5 Light Industrial zoned site located at 227 Sussex Street into an outdoor POD’s storage container staging area for approximately 50 such units.
Property owner, Nick Wellenstein, stated that he is open to answer any questions.
b. On a Conditional Use Grant request of applicant/property owner Cornerstone Development, in c/o Joe Orendorf and John Wahlen, and Alan Peters of True Vine Development, to develop Outlot 5 of the Glen at Pewaukee Lake Subdivision with a Clubhouse, including related parking and accessory facilities, for the benefit of the owners of the lots in the subdivision owner’s association. This .69-acre outlot is zoned R-5 Single-Family Residential with Residential Infill-Redevelopment Overlay District.
None.
3. Citizen Comments:
Kristin Schrank – 549 E. Potter Ave, Milwaukee; with the Alliance for Animals, asked the Commission members to pass the Draft Ordinance adding regulations/prohibitions on the sale of live dogs, cats and rabbits (companion animals) being discussed in section 6.c. on the agenda.
Trustee Jim Grabowski – 128 Park Ave, Pewaukee, would like the Commission members to consider striking the prohibited use of “offer for adoption” line out of the Draft Ordinance from Sec. 40.250.5 – Prohibited Uses.
Sandy Hoffmann – 1262 Timber Ridge, Pewaukee, spoke in favor of passing the Draft Ordinance.
Kathy Line – 350 Stone Ct, Pewaukee, spoke in favor of passing the Draft Ordinance.
4. Approval of the Minutes - Regular Plan Commission Meeting – July 14, 2022: Comm. Mantz motioned, seconded by Comm. Belt to approve the minutes of the July 14, 2022 Regular Plan Commission meeting with the spelling correction in line one of paragraph 6.c.
Motion carried 4-0-2; Members Lange and Grabowski abstained.
5. Old Business - Item 5.a.
a. Review and general discussion regarding the Village’s parking requirements for all business zoning districts as it relates to the apparent decline in brick-and-mortar retail shopping and the continuing practice of working remotely-away from brick- and-mortar office environments. Of particular interest is the potential for excessive parking allocations displacing underutilized otherwise useable/developable space in the Village's business areas.
Item was not discussed at this meeting.
6. New Business
a. Possible action on the Conditional Use Grant request of applicant/property owner 230 Sussex Street LLC in c/o Tim Knepprath, to develop approximately .46 acres of their 1.83+/- acre, B-5 Light Industrial zoned site located at 227 Sussex Street into an outdoor POD’s storage container staging area for approximately 50 such units.
Planner Censky explained that this property was split off into a smaller lot in favor of developing mini-warehouse use to the north and west. Previously, a PODs storage area was permitted and in effect on that northwest part of this site; that use allowed for up to 30 POD containers – no stacking or racking. The applicant now proposes to set aside approximately 19,900 square feet of the newly split site, between the principal building and Maiden Lane, to establish a compacted gravel base and park/store the PODs units. Based upon the applicants’ calculations, the site will still comply with the greenspace requirement – minimum 35%. At 128 sq. ft./unit for the largest units x 50 units (proposed), the cumulative coverage within this 19,900 sq.ft. space with PODs equals 6,400 sq.ft. No new landscaping or screening of the stored PODs is proposed. There is an existing vegetive growth area along both Maiden Lane and Sussex Street that generally, in the Summertime, does obscure the view. This existing vegetation is very mature and appears to be waning. Planner Censky suggested that if approved, it is recommended that the applicant be required to devise a landscaping/screening plan because of the adjoining residential uses.
General operating characteristics are represented to include two – three trips inbound related to PODs per day and hours of PODs operation 8 a.m. to 5 p.m. Monday through Saturday.
Village Planner Recommendations:
1) Full signatures and recording of the Conditional Use Grant prior to the placement of any PODs at this site;
2) Village Engineer review and approval of the grading and drainage plan to be prepared in support of this project;
3) Applicant to design and install a suitable landscaping or similar screening plan, to be installed at the perimeter edge of the proposed PODs storage area, as will ensure year- round and long-term screening of the PODs from the neighboring residential land uses. This plan shall be subject to review and approval by Village Staff. If plantings are proposed, they shall be no less than 6 feet in height at planting. The deadline for installation of the approved screening plan shall be determined and set by the Village Staff, but in no case later than 12 months from the date of recording the CUG;
4) No other materials, including for instance but not necessarily limited to boats, trailers, docks, lifts, equipment, or supplies may be parked or stored within the site plan delineated POD’s area.
Engineer Barbeau explained the current site is grass/weeds. The proposal is to remove the grass area and replace it with a 19,990 sq.ft (0.46 acre) stone base. The proposed addition of the stone base is below the Village code’s 0.5-acre threshold to require stormwater management facilities; therefore, none are required. He also said that the site is relatively flat and will not affect the drainage pattern. Storm run-off will flow to a floodplain area to the northwest of the site and will not affect any existing residents.
Village Engineer recommendation:
1) Owner provides a grading plan confirming that the stone pad will sheet flow to the west.
Discussion followed as to options for screening the lot with vegetation or a fence. Trustee Roberts and President Knutson would like to see a fairly tall and opaque fence blocking the area from the road on Maiden Lane. Property owner Nick Wellenstein stated that adding a substantial fence would not be economical because they would have to cut down all the trees in order to get the fence installed. Applicant, Tim Knepprath would not be opposed to adding 6-foot pine trees inside of the existing vegetation. Comm, Lange did not think asking for an 8-foot fence would be necessary but something significant is needed to hide the area from view. Comm. Mantz agreed the site needs some sort of landscaping and screening. Comm. Belt stated that fencing might not be feasible and would like to see options that are more economical for the property owners.
Comm. Grabowski was concerned with the wording on 4) of the Planner’s recommendations and feels it limits the site as far as storage because a construction company owns the lot. Property owner Wellenstein agreed that the current wording as it stands would be a hinderance because they do have trucks, trailers, and equipment that will need to be stored on the property for the business.
There were also concerns about too much storage of equipment on the property and the increased foot traffic of people going in and out of their storage units will increase the traffic on Sussex St.
President Knutson stated that he wants the screening plan to be effective right away, not in future years after the landscaping matures.
Trustee Roberts motioned, seconded by Comm. Grabowski to approve the Conditional Use Grant for POD Storage units subject to the Village Planner’s recommendations with the following conditions:
1) Access to/from the PODs use shall only be from Sussex St.
2) Applicant to design and install a suitable landscaping or similar screening plan, to be installed at the perimeter edge of the proposed PODs storage area, as will ensure year-round and long-term screening of the PODs from the neighboring residential land uses. This plan shall be subject to review and approval by Village Staff. If plantings are proposed, they shall be no less than 6 feet in height at planting and must provide an immediate screening benefit. The deadline for installation of the approved screening plan shall be determined and set by the Village Staff, but in no case later than 12 months from the date of recording the CUG;
3) Village Engineer review and approval of the grading and drainage plan to be prepared in support of this project;
4) No other materials, including for instance but not necessarily limited to boats, trailers, docks, lifts, equipment, or supplies may be parked or stored within the site plan delineated POD’s area.
Motion carried 5-1; President Knutson nay.
b. Possible action on the Conditional Use Grant request of applicant/property owner Cornerstone Development, in c/o Joe Orendorf and John Walen, and Alan Peters of True Vine Development, to develop Outlot 5 of the Glen at Pewaukee Lake Subdivision with a Clubhouse, including related parking and accessory facilities, for the benefit of the owners of the lots in the subdivision owner’s association. This .69- acre outlot is zoned R-5 Single-Family Residential with Residential Infill- Redevelopment Overlay District.
Planner Censky explained this project was originally approved 12 months ago and the time ran out on the Conditional Use Grant. She noted that the setbacks, offsets and greenspace comply with the zoning. There will also be parking provided on site along with outdoor recreational activity areas. A detailed and thorough landscaping plan has been provided.
Village Planner Recommendations:
1) All items pending final review and approval as noted in the Planner Staff Report shall be completed/approved and incorporated into the CUG document prior to its release for signatures and recording;
2) A revision to the floor plan shall be reflected in the CUG document taking out the reference to a “pool”;
3) Village Engineer review and approval of the overall site grading, drainage and utilities plans for this project/site prior to issuance of a building permit;
4) The public access and business use of this building (i.e. sales center) shall terminate upon the sale of all lots contained within this development or within 3 years of the date of recording this conditional use grant, whichever happens first;
5) Recording of the Conditional Use Grant, and issuance of any/all required building, electrical, erosion control, and similar permits, prior to the start of any site or building work in support of this project.
Engineer Barbeau stated that nothing will change from the grading plan that was approved a year ago.
Comm. Mantz motioned, seconded by Comm. Belt to approve the Conditional Use Grant as presented subject to the Village Planner’s recommendations.
Motioned carried unanimously
c. Discussion and possible recommendation to the Village Board on Draft Ordinance to add regulations/prohibitions on the sale of live dogs, cats, and rabbits (companion animals) by pet shops, retail businesses, or other commercial establishments located in the B-1 Community Business, B-2 Downtown Business, B-3 Office & Service Businesses, B-4 Business Park, B-5 Light Industrial, and IPS-Institutional and Public Service Zoning District.
Trustee Roberts gave the Commission members a background on the matter from the July 5 and July 19, 2022 Village Board Meetings. Trustee Jim Grabowski introduced an ordinance that banned the retail sale of dogs, cats, and rabbits, as well as, issues regarding puppy mills. Roberts explained the original ordinance at the July 5 meeting was found to have issues with wording, specifically targeting retail which is a large tax base for the Village. The Village Board reviewed the amended draft ordinance at the July 19th meeting and it was suggested that this topic might be better addressed in the zoning ordinance. The amended ordinance presented for consideration in the zoning code prohibits the breeding, retail sale, and offering for adoption of live dogs, cats, and/or rabbits, or other exotic or endangered animals. Trustee Roberts went on to explain the ordinance does not impact residential zones and will not adversely impact responsible professional home-based breeders.
Village Attorney Matt Gralinski discussed current state laws and regulations, as well as, restrictions on local Conditional Use Grant abilities.
Trustee Roberts motioned, seconded by Comm. Mantz to recommend approval as presented to the Village Board with the following edit “Individuals, businesses and/or organizations that breed, sell or offer for adoption live animals including dogs, cats, rabbits or exotic/endangered animals.” to read, “Individuals, businesses and/or organizations that breed or sell dogs, cats, rabbits or exotic/endangered animals.”
Motion carried 5-1; Comm. Belt nay.
7.a. Reports:
Report to the Planning Commission regarding the Staff level approval of a Certified Survey Map combining the two adjoining lots owned by Northshore Bank FSB and Northshore Savings Bank located at 104 and 120 W. Wisconsin Avenue respectively. Together these parcels total approximately .6852 acres and they are both zoned B-2 Downtown Business District.
Planner Censky stated no buildings are being added to the lot at this time. The newly created lot meets/exceeds both the minimum required lot size (i.e 7,000 sq.ft.) and the minimum required lot width (i.e. 70 feet) for the B-2 District.
Engineer Barbeau stated the surveyor has included a vision triangle at the corner of W. Wisconsin Ave and Park Ave stating that no structure or plantings greater than two (2) feet are allowed within the triangle.
No action was needed or taken.
8. Citizen Comments:
The members were thanked for passing the recommendation for the draft ordinance concerning the regulations/prohibitions of the sale of companion animals.
9. Adjournment
Comm. Belt motioned, seconded by Comm. Grabowski to adjourn the August 11, 2022, Regular Plan Commission meeting at approximately 9:05 p.m.
Motion carried unanimously.
Respectfully submitted,
Jenna Peter
Deputy Village Clerk/Treasurer