Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
January 12, 2023 – 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 7:01 p.m.
Plan Commission members present: Comm. Mark Grabowski, Comm. Theresa Hoff, Comm. Ryan Lange, Comm. Brian Belt, Trustee Craig Roberts and President Jeff Knutson. Comm. Cheryl Mantz was excused.

Also present: Village Planner, Mary Censky; Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse; and Village Deputy Clerk/Treasurer Jenna Peter.

2. Public Hearing – None.

3. Citizen Comments –

Mike Schieble @ 481 Park Ave- Mr. Schieble thanked the Commission for taking the time and listening to the residents about their concerns with Airbnb and VRBO rentals. He is in favor of placing the tightest restrictions on the transient lodging ordinance.

Dan Sitzberger @ 567 Park Ave – Mr. Sitzberger mentioned the houses in the area of concern are close together and there are not a lot of “buffers”. He seconded what Mr. Schieble said and would like the Commission to vote to make the ordinance as strict as possible by the law.

Kristen Kreuser @ 429 Pirate Pass – Ms. Kreuser expressed there should not be regulations placed on short term rentals. She read from a letter provided by Sara & Lois Laimon at 145 Park Ave of examples from renters that have stayed there. Some examples were: an individual who lost her home to a fire, traveling nurses, a family attending a wedding, and a couple building their home in Pewaukee an needed a place to stay. She mentioned that as homeowners in the Village, “We are incredibly aware of who is staying in our homes and why.” She also cited in 2022 the City of Pewaukee collected $500K in occupancy tax and would like to see the Village also benefit from that tax. Governor Walker passed the Transient Lodging law to increase tourism to the state. The Village has no hotels so homes and short-term rentals are all that can be offered to people who want to visit. Ms. Kreuser reiterated transient lodging is allowed and protected by state law and wants to put forward a reasonable ordinance that serves all people.

Steve McCullough @ 620 Kopmeier Dr – Mr. McCullough shared his personal experiences with staying in short-term rentals. With a family, it is much more affordable to stay in a home rather than a hotel.

4. a. Approval of the Minutes – Regular Plan Commission Meeting – November 10, 2022.
Comm. Lange motioned, seconded by Comm. Belt to approve the November 10, 2022 Regular Plan Commission Meeting minutes as presented.
Motion carried unanimously
b. Approval of the Minutes – Regular Plan Commission Meeting – December 8, 2022.
Comm. Lange motioned, seconded by Comm. Belt to approve the December 8, 2022 Regular Plan Commission Meeting minutes as presented.
Motion carried 5-0, Comm. Grabowski 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 discussed the result of the direction given at the previous Commission meeting for Transient Lodging and provided the revisions to the draft ordinance.
Comm. Grabowski expressed he does not agree with the restrictions in the draft ordinance. He did research with the police department and found no issues/calls/disturbances have been reported from any of the residences currently hosting short-term rentals. He stated with no hotels in the Village the only way to host visitors is to have short-term rentals.
Comm. Lange believes most of the rentals will be to families. He stated there has already been short-terms rentals in the community and there has been no issues. He believes the 6 night minimum stay is realistically too much as is the 181 day consecutive limit.
Comm. Hoff likes the way the current draft ordinance is written and does not want to change the days. She would like to do a “test year” to see how it plays out.
Trustee Roberts stated one of the primary roles of the Plan Commission is to address land use. We prohibit business operations in residential neighborhoods. He thinks the 6-night minimum reduces the chance of adverse impacts.
Discussion followed regarding the possibility of adding to the ordinance to have the home owner or a property manager live within a certain distance of the rental property in case of issues cropping-up or having 2 separate ordinances for “bed and breakfast”/owner occupied and rentals for the entire house not owner occupied.

Comm. Belt motioned, seconded by Trustee Roberts to recommend to the Village Board as written keeping the 6-night minimum stay, and changing 181 days in the aggregate to 365 days.
Motion failed 2-4.
Comm. Lange motioned, seconded by Comm. Grabowski to recommend to the Village Board as written, changing to 3-night minimum stay, and changing 181 days in the aggregate to 365 days.
Motion failed 3-3.
Comm. Belt motioned, seconded by Comm. Hoff to recommend to the Village Board as written.
Motion failed 2-4.
Comm. Lange motioned, seconded by Comm. Grabowski to recommend to the Village Board as written, changing to 4-night minimum stay, and changing 181 days in the aggregate to 365 days.
Motion failed 3-3.
Comm. Belt motioned, seconded by Comm. Grabowski to table the recommendation to the Village board.
Motioned carried 6-0.

Items below were not presented in order.

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.
Planner Censky discussed current Village requirements as to residential parking standards and current building height limitations in the Village’s business, multi-family, and elderly housing overlay districts. Censky wanted to get a sense of what the Commission’s threshold for building height in the various zones is, and gave an example that 55 feet is the tallest building allowed in the City of Pewaukee. Trustee Roberts suggested 55 feet may be the extent that the fire department can reach the top floor.

The height requirements were discussed as follows:
B-1 & B-3 – maximum 55 feet (4 stories)
B-2 – 42 ft maximum with flat roof, 45 ft maximum with gabled roof (3 stories)
B-4 & B-5 – as is
RM – restrict to three stories
Elderly Overlay – as is
President Knutson pointed out that in the case of a conditional use, an applicant may be able to exceed the height restrictions. No action was taken.

6. New Business
a. Review, discussion and possible approval of a sign code waiver for applicant/property owner
Holy Apostle Anglican Church (in c/o Eric Rohs of Sign Effectz, Inc.) to install a changeable
copy sign, and at a reduced setback from the street, at 142 Lake Street. This .4+/- acre site is
zoned IPS Institutional & Public Service District.
Planner Censky explained the applicant has had a changeable copy, freestanding sign at a setback of less than 10 ft from the front lot line for many years. They are looking to replace the existing sign with a new, larger, freestanding sign. The sign will be 39 sq. ft in area and 9.2 ft in height and will comply with the permissions for freestanding sign size in the IPS District (i.e., Code maximum size is 50 sq. ft in area and 10 ft in height. The sign will not meet the required 10-foot minimum setback from the front lot line, the applicant estimates if would be setback 2 ft. The proposed new sign will be internally illuminated. The sign code regulates that “No sign shall be illuminated, either internally or externally, between the hours of 11:00 p.m. and sunrise unless the premises on which it is located is open for business during that time”, and “Signs located in or adjacent to residential districts shall not be illuminated between the hours of 9:00 p.m. and sunrise”. Further, “All sign lighting shall be so designed, located, shielded or hooded so as to prevent the casting of glare or direct light upon adjacent roadways, surrounding properties or into the sky”.
Village Planner Recommendations:
1) The type and intensity of sign lighting shall be subject to review and approval by the
Village Staff prior to issuance of a Sign Permit;
2) Applicant to have the front lot line surveyed/marked in by a professional land surveyor
prior to the start of any construction in support of a new sign at this site so the setback of
not less than 2-feet is assured;
3) Applicant agrees that any substantiated adverse/nuisance issues arising with respect to
this sign in the future, such as but not necessarily limited to noise, type, intensity, or
hours of illumination, and similar, … are the applicant’s responsibility to correct timely
upon written notice from the Village;
4) Applicant to secure all necessary permits, such as but not limited to Sign Permit, Building
Permit, Electrical Permit,… prior to placement/installation of the sign at the site.

Comm. Grabowski motioned, seconded by Hoff to approve as recommended with the exception of #2 of the Village Planner’s recommendations, setback shall match the current setback of the existing freestanding sign and no survey is required.
Motion carried 6-0.

b. Review and discussion regarding the Conditional Use Grant (CUG) review Process Post
2017 Wisconsin Act 67.

Gralinski discussed the memorandum he provided reviewing Conditional Use Permits. He highlighted page 2 section 5 “Substantial Evidence” in that it is not just personal preference or what is perceived as being best for the community, it is actual evidence.
No action was taken.

c. Review, discussion and possible action on changing the regular Planning Commission
meeting start time from 7PM to 6PM.
President Knutson explained the Village Board recently approved their meeting time change from 7 PM to 6 PM. The time change for the Plan Commission would align with the Village Board.

Comm. Lange motioned, seconded by Comm. Hoff to approve Plan Commission meeting time change from 7 PM to 6 PM.
Motion carried 6-0.

7. Citizen Comments – None.

8. Adjournment
Comm. Lange motioned, seconded by Comm. Hoff to adjourn the January 12, 2023, Regular Plan Commission meeting at approximately 9:40 p.m.
Motion carried 6-0.

Respectfully submitted,

Jenna Peter
Deputy Village Clerk/Treasurer