Discussion of amendments to Transient Lodging ordinance, review of density limits for B-1, B-2, B-3, B-4 and B-5 districts, as well as, existing density limits for R-M District, rezoning of vacant parcel owned by Kirkland Crossings, Inc at NW corner of Ryan St & Quinlan Dr, review of 111 Prospect Ave regarding kitchen improvements, review of 449 W. Wisconsin Ave to expand parking, sidewalk & patio areas-plus add a dumpster area.
PLAN COMMISSION MINUTES
December 8, 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. Brian Belt, Comm. Theresa Hoff, Comm. Ryan Lange, Comm. Cheryl Mantz, Trustee Craig Roberts and President Jeff Knutson. Comm. Mark Grabowski was excused.
Also present: Village Planner, Mary Censky; Village Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse; and Village Deputy Clerk/Treasurer Jenna Peter.
2. Public Hearing – None.
3. Citizen Comments –
Dan Sitzberger @ 457 Park Ave- Stated he was originally a part of getting the Transient Lodging ordinance adopted limiting the transient lodging use in residential districts passed 10 years ago. He mentioned his neighbor would rent out their house and it was a “circus”. He would not mind if rentals are more than a month and is against weekly and daily rentals.
Mike Schieble @ 481 Park Ave- Stated he would like to see penalties for violations included in the Transient Lodging ordinance. He referenced the sample ordinance from the Town of Delafield in which provides that “Such property may be inspected by the Waukesha County Sheriff’s Department, Town Fire Department, Town Code Enforcement Officer, or other authorized personnel of the Town to investigate and determine if any violation exist.” He would like to see the “may” changed to “will” if the Village adopts this portion.
Luke Schieble @ 481 Park Ave- Spoke against transient lodging rentals, stating he does not like strangers in his backyard and he does not feel safe.
Connor Wagner @ 461 Park Ave- Spoke against transient lodging rentals, stating he walks home from school every day and doesn’t think its safe having strangers come into the neighborhood. He has concerns with sleeping if the renters have loud parties.
Mikayla Wagner @461 Park Ave- Spoke against transient lodging rentals, stating she is supposed to feel safe in her neighborhood and she wouldn’t feel safe.
Amanda Wagner @ 461 Park Ave- Noted on Oahu, Hawaii, they only allow 30 days or more for rentals. Some tourist areas in Minnesota have also banned short term rentals because of the uptick in crime and parties. She stated she doesn’t feel safe with her children outside.
John Culhane @ 485 Park Ave- Stated it would be important to put more details into the ordinance now instead of further down the line.
Colin Wagner @ 461 Park Ave- Spoke against transient lodging rentals. He understands we have to do what the state says, but says these are not hotels and doesn’t want to see residences have revolving doors.
4. Approval of the Minutes – Regular Plan Commission Meeting – November 10, 2022.
Trustee Roberts wanted more clarity on items 6a and 6c from the previous meeting. Attorney Gralinski suggested for Village staff to check the recording for what was discussed/ motioned.
Trustee Roberts motioned, seconded by Comm. Hoff to table the approval of the November 10, 2022 minutes.
Motion carried 5-0, Comm. Mantz abstained.
5. Old Business
a. Review, discussion, and possible recommendation to Village Board regarding an amendment(s) to Section 40.471 of the Village of Pewaukee Code of Ordinances regarding Transient Lodging.
Attorney Gralinski stated based on the feedback from the November 10 meeting, the consensus was that a license at the Village level should be required and more defined short-term rental licensure requirements. Gralinski discussed the specific provisions that were added to the application procedures including: conditions which must be met in order for a license to be issued, possible basis for non-renewal or revocation of such license, and an appeal procedure in the event a license is denied or non-renewed. Comm. Hoff questioned the zoning on 497 Park Ave. Administrator Gosse explained the residence is legal nonconforming but is in single family zoning. Discussion followed regarding possible fines for violations, police enforcement, parking issues; specifically on Park Ave, and placing a minimum on night stays. Trustee Roberts stated if anyone is upset by this ordinance, to the extent it must meet State requirements, contact the State Representative.
Trustee Roberts motioned, seconded by Comm. Belt to table the recommendation to the Village Board. Motion carried 6-0.
b. Review and discussion regarding density limits for the residential component of mixed-use with multi-family development or straight multi—family development in the Villages Business Zoning Districts (i.e. B-1 Community Business, B-2 Downtown Business, B-3 Office & Service Business, B-4 Business Park, and B-5 Light Industrial), and the existing density limits of the Villages R-M Multi-Family Residential District.
No discussion.
6. New Business
a. Review, discussion and possible action/recommendation to the Village Board on the petition of property owner Kirkland Crossings, Inc. (in c/o applicant Anne O’Connor of Senior Housing Partners) to rezone, from existing B-1 Community Business District to B-1 with Housing for the Elderly Overlay (HEO) District, the ~2.49-acre vacant parcel of land located at the northwest corner of Ryan Street at Quinlan Drive (PWV 0883993200).
Planner Censky explained the site does meet the “purpose” criteria as setforth in the HEO District. It is adjacent to an existing development for the elderly (Kirkland Crossings.) An existing concrete sidewalk runs along the entire east side (Ryan Street side) of this parcel and extends continuously north to the private entry drive to the shopping center/service area located at 601-621 Ryan Street. There is also a striped crosswalk at the Ryan St./Quinlan Drive intersection that would allow pedestrians to cross east on to Quinlan Drive where continuous sidewalk access is then available all the way (~3/4 miles) into the downtown/Village center area. Censky also stated there are no conceptual plans because, unlike PUD zoning for instance, in HEO, the plans are addressed separately from the zoning.
Comm. Mantz motioned, seconded by Comm. Hoff to recommend to the Village Board.
Motioned carried 6-0.
b. Review, discussion, and consultative feedback to property owner/applicant Wisconsin Shirdi Sai, Inc. (in c/o Satya Karri) regarding their proposed use description and related kitchen improvements for their existing building/site located at 111 Prospect Avenue (PWV 0896001). This ~.98-acre property is zoned IPS Institutional & Public Service District.
Planner Censky explained that the applicant proposes to make certain specific improvements in their existing basement kitchen where they prepare meals for their congregation. These changes/improvements will precipitate the need for new, related outdoor equipment to be placed at the site – between the existing south buildings elevation and the Prospect Avenue sidewalk. A fence is proposed to screen the equipment from the surrounding view. Censky stated the Planning Commission will need to interpret the extent to which the proposed kitchen changes are so significant as to meet the description of conditional use “Bar, restaurant or other service facilities accessory to an approved use and intended solely for use by residents, members and guests…” or whether this to be considered a continuation of their existing kitchen use. Applicant, Satya Karri explained the reasoning for the position of the outside equipment is because in their culture they have to cook in a certain direction. Discussion followed regarding ways to screen the equipment so that it is more esthetically pleasing and isn’t blocking the windows of the church.
No action was taken.
c. Review, discussion, and consultative feedback to property owner/applicant Agape Community Church, Inc. (in c/o Pastor Florin) regarding their plans to expand the parking, sidewalk, and patio areas - plus add a dumpster area, to their existing site located at 449 W. Wisconsin Avenue (PWV 0893013002). This 1.66-acre property is zoned IPS Institutional & Public Service District.
Planner Censky explained the applicant is looking for feedback from the Plan Commission regarding their plans for parking, sidewalk, and patio area expansions – plus the addition of a dumpster area. The consensus of the Plan Commission was favorable towards expanding the asphalt area and reconfiguring the striped stalls layout in the existing park lot located adjacent to and west of the church building, as well as, adding a transitional patio area with steps that will allow cemetery users access from the Agape parking lot. There were concerns about the addition of 5 parking stalls and locating the dumpster on the east side of the church along Burroughs Drive. Discussion followed on different options for adding more parking and re-locating the dumpster.
No action was taken.
7. Citizen Comments – None.
8. Adjournment
Comm. Roberts motioned, seconded by Comm. Belt to adjourn the December 8, 2022, Regular Plan Commission meeting at approximately 9:47 p.m.
Motion carried 6-0.
Respectfully submitted,
Jenna Peter
Deputy Village Clerk/Treasurer