Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
March 9, 2023 – 6:00 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 6:02 p.m.
Plan Commission members present: Comm. Mark Grabowski, Comm. Ryan Lange, Comm. Brian Belt, Trustee Craig Roberts and President Jeff Knutson. Comm. Cheryl Mantz arrived at 6:10 pm. Comm. Theresa Hoff 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 Hearings –
a. Conditional Use Grant request of property owner/applicant Waukesha County Technical College (WCTC) to modify the permitted operating hours for the outdoor driving training facilities located on their campus at 800 Main Street (PWV 0926997001 & PWV 0926997). This campus property is zoned IPS Institutional and Public Service District.

Matt Biebel @ W260N2832 Steeplechase Dr. (City of Pewaukee) – Spoke against the change in hours. He stated the new proposal only gives them 8 hours of quiet time and 16 hours of rumbling and bangs when the track is in use.

b. Conditional Use Grant request of property owner Kirkland Crossings, Inc. to develop an 84-unit Housing for the Elderly building project on the vacant ~2.49 acre lot located at the northwest corner of Ryan Street at Quinlan Drive (PWV 0883993200). This site is zoned B-1 Community Business District with Housing for the Elderly Overlay (HEO) District. – No Comments.

3. Citizen Comments –

Mike Schieble @ 481 Park Ave- Mr. Schieble demonstrated with a measuring tape to show the distance from his deck to his neighbor’s property (11.6 feet). He asked the Commission would they be ok with having a new neighbor this close to them every week. He also stated the lots on Park Ave are about 50 ft wide and mentioned many other cities and towns have tightened their restrictions on transient lodging.

Jim Grabowski @ 128 Park Ave- Mr. Grabowski spoke in favor of the agenda item “F” and stated Agape has been amazing stewards to the neighbors and Pewaukee as a whole. They have gone a long way to beautify that area. Grabowski also spoke in favor of transient lodging stating his house is currently 30 feet from an AirBNB. He has met several people who have stayed there and has never had an issue. He also mentioned all the cities and towns that were stated to have tightened their transient lodging restrictions have hotels and motels to offset their restrictions placed on AirBNB’s. He hopes the Commission will vote in favor of more relaxed restrictions.

Melissa Wagner @ 512 W Wisconsin Ave – Ms. Wagner stated they have owned and operated a short term rental for three years. They have never had an issue with their renters and have seen a lot of positives come out of renting out their home.

Brad Prescott @ 615 Quinlan Dr. – Mr. Prescott lives across the street from the proposed Kirkland Crossings building addition. He stated they have been a great neighbor and understands the need for expansion but is concerned his view will be blocked by the new building. He also expressed concerns with the proposed driveway to the building being directly across from his driveway and the influx of EMS calls and asked if there was consideration for enough support for the EMS to make those calls.

4. a. Approval of the Minutes – Regular Plan Commission Meeting – February 9, 2023.
Comm. Grabowski motioned, seconded by Comm. Lange to approve the February 9, 2023 Regular Plan Commission Meeting minutes as presented.
Motion carried 4-0. Comm. Mantz & Comm Belt abstained.

Items below were not presented in order.

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 updated the Commission on what was discussed at the previous meetings regarding the Transient Lodging ordinance. The Commission members reiterated their thoughts on the subject that were shared at previous meetings.
Comm. Grabowski motioned, seconded by Comm. Lange to approve as presented with the following changes: minimum stay as 3 nights, eliminate the maximum night stay and add language that an owner or property manager has to be within 5 miles of the rental property.
Motioned carried on Roll Call vote 4-2.
Ayes: Grabowski, Lange, Mantz, and Knutson.
Nays: Belt & Roberts.

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.
Item was not discussed and no action was taken.

6. New Business
a. Review, discussion, and possible action on the request of property owner/applicant Waukesha County Technical College (WCTC) to modify the permitted operating hours for the outdoor driving training facilities located on their campus at 800 Main Street (PWV0926997001 & PWV 0926997). This campus property is zoned IPS Institutional and Public Service District.
Planner Censky explained there is a an existing Conditional Use Grant for the EVOC track. The current hours of operation are from 8 am – 8 pm. The applicant is requesting to extend the hours to 6 am - 10 pm.
Village Planner Recommendations:
1) Full execution and recording of the CUG Amendment document(s) prior to the start of expanded hours

Trustee Roberts stated the Village doesn’t allow road construction or contractors to start work before 7 am. Comm. Grabowski said the houses in that area have been there since 2000 and the track was constructed in 2018. He believes those hours are pushing the limit. Comm. Belt agreed that we want to be respectful to the neighbors.
Comm. Mantz motioned, seconded by Roberts, to deny the request as presented.
Motion carried 6-0.

b. Review, discussion, and possible action/recommendation to the Village Board on the request of Kirkland Crossings, Inc. to modify the language in Division 3. of the Village Code – Housing for the Elderly Overlay (HEO) District as it relates to the percentage of units in a HEO project that may be allocated for independent (vs assisted) living.
Censky explained at its February 9, 2023, meeting, the Planning Commission considered, in consultation, the applicants request for changes to the EHO District as would allow more than 50% (the Plan Commission can allow up to 100%) of units within a project to be designated for independent vs assisted living. There was a general willingness expressed among Commissioners at that time to consider a drafted revision for review and possible recommendation to the Village Board. Censky shared a concern that regular multi-family apartments in the Village are allowed to have independent healthcare workers come in and assist in resident’s in their apartments, so she wasn’t sure that single adjustment to the EHO language makes this use much different than ordinary multi-family development – the only distinction being that these residents are “seniors” (i.e. aged 55 and older).
Village Planner Recommendations:
The Planner feels there may be additional implications for the Commission to consider if there is a
willingness to consider allowing more than 50% independent living units.
• Parking demands for independent living senior may be greater than with a mix of assisted living.
• Density issues for instance this is much more dense than the maximum 12 units/acre allowed in regular multi-family development.
• Shifting from continuum of care type model as was the purpose/intent when the EHO District ordinance was first drafted.

• Among others possibly.Discussion followed.
Pres. Knutson motioned, seconded by Comm. Mantz, to defer the agenda item to a future meeting and directing Staff to consider drafting a revised language amendment that would possibly tie into allowing for the higher percentage of independent units on proposals that are located adjacent to existing contimuum of care type housing for the elderly.

c. Review, discussion, and possible action on the request of property owner Kirkland Crossings, Inc. to develop an 84- unit Housing for the Elderly building project on the vacant ~2.49-acre lot located at the northwest corner of Ryan Street at Quinlan Drive (PWV0883993200). This site is zoned B-1 Community Business District with Housing for the Elderly Overlay (HEO) District.
Censky explained the applicant is seeking approval for: site plan, architecture, exterior
lighting, landscaping and operating plan for an 84-unit, independent senior living development
including a mix of 36 one-bedroom and 48 two-bedroom units. This development is intended for occupancy by persons aged 55 and older. Under the Village Code this means that at least 80 percent of the occupied units must be occupied by at least one person who is 55 years of age or older; the development must publish and adhere to policies and procedures that demonstrate this intent; and that the development must provide for verification of compliance as to these age related restrictions by reliable surveys and affidavits including, for instance, examples of the types of policies and procedures relevant to a determination of compliance with the requirement of clause.
Village Planner Recommendations:
The Planner recommends this matter be tabled until final resolution a pending matter – a possible
Code amendment that would increase the maximum percent of independent living units in the
EHO from 50% to 100% and also, until the Village would resolve to amend the current EHO
district by raising the maximum permitted density increase that can be allowed by the Planning
Commission from current 150% to at least 170% as may enable a project on this site to have 84
units. Until then, this plan, as presented, may not have standing for action. The following
review comments/conditions are offered for the Planning Commissions consideration:
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) Final determination as to the acceptable number of total parking stalls to be provided in
support of this project plan;
4) Any new sign(s), reference landscaping plan for instance, will require separate review,
approval, and issuance of a Sign Permit prior to placement at the site;
5) 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;
6) Village Staff review and approval of the detailed schedule of building materials and
colors, consistent with the renderings offered;
7) Planning Commission to provide express acknowledgement as to any areas where
exception from the Code standards is requested and could ultimately be approved.

Village Engineer Tim Barbeau stated the building will be about five feet below the access road with underground stormwater management. Water can be tapped into from Ryan Road and the sanitary sewer is on the west side.
Discussion followed regarding concerns over the height of the proposed building and having enough parking stalls for visitors.
Trustee Roberts motioned, seconded by Comm. Belt to table the agenda item.
Motioned carried on a Roll Call vote 6-0.
Ayes: Grabowski, Lange, Mantz, Belt, Roberts, Knutson.
Nays: None

d. Review, discussion, and possible action on the request of property owner/applicant North Shore Bank for Sign Code waiver to permit a temporary sign exceeding the 15 sq. ft. area limit and the seven consecutive/30 cumulative days per year duration limits as set forth in Section 70.111(a)(11) of the Village Code on their .68-acre, B-2 Downtown Business zoned property located at 104/120 W. Wisconsin Avenue.
Censky explained the applicant is planning a special Summertime ‘Be Kind’ art installation (i.e. a temporary sign) as an extension of North Shore Bank’s “Bank on Kindness®” commitment that started back in 2020. Village Code limits temporary signs in regard to maximum period of time, size, height, location,… This sign, as proposed, exceeds most of those requirements.
Village Planner Recommendations:
1) The sign display consists of 7' high letter cut outs that spell 'Be Kind' and are
approximately 24 feet across in length, total (i.e., ~168 square feet in area).
2) The sign display must be set back 25 feet from the property line (the sidewalk) in the
grass, and 20 feet from the bank’s drive-up area.
3) The period for display of this temporary sign shall be limited May 15th, 2023 through
August 31, 2023
Comm. Grabowski motioned, seconded by Comm. Lange to approve the proposed signage on the basis that it is more like an art installation than an advertisement.
Motion carried 6-0.

e. Review, discussion, and possible action on the Sign Code waiver request of tenant applicant Janet DAmato, d/b/a Benessere Salon & Spa, to place a wall sign exceeding the 30 sq. ft. area limit set forth in Section 70.115(d)(9) of the Village Code. This 10.96-acre, B-1 Community Business zoned property is owned by Society of St. Vincent De Paul.
Censky state the applicant is seeking approval for a Sign Code waiver to place a 280-sf tenant identification wall sign on the façade of the building at 601 Ryan St where 30 sf per tenant is permitted by Code. The applicant will occupy five tenant spaces in the building.
Village Planner Recommendation:
The Planner raises no specific objections to the applicants request as to an oversized sign at this
location owing to the number of storefront spaces to be occupied by this one tenant and in light
of the specific hardship presented by this site’s remote location from the principal public way,
Ryan Street (i.e. building is setback over 800 feet from Ryan Street), for visibility. The
following conditions may be considered for attachment to any approval as the Commission may
be inclined toward granting in this matter:
1) Applicant to secure a sign permit, and any additional/related permits as may be required
such as electrical,… prior to placement of the sign at this site.
Comm. Belt motioned, seconded by Mantz to approve the Sign Code waiver as presented with the Village Planner’s request for a sign permit citing hardship from setback of main road and similar approvals in the past.
Business owner Janet D’Amato added they now own that whole strip-center portion of the building, and it is no longer part of Vincent St. De Paul.

f. Review, discussion, and possible action on the request of property owner/applicant Agape Community Church, Inc. for site plan amendment approval as to changes proposed related to parking, sidewalk, and patio area(s) configuration as well as dumpster/enclosure location
and design. This 1.66-acre parcel, located at 449 W. Wisconsin Avenue, is zoned IPS Institutional & Public Service District.
Censky outlined the proposals of the applicant. Various site plan modifications including/such as adjustments to parking/drives and related lighting, sidewalk and patio areas modifications, and the addition of a dumpster area.
Village Planner Recommendations:
1) Village Staff review and approval of the fencing plan/design, including any associated
screening as might be necessary, for the areas around the dumpster and around the
HAVC placement area northeast of the building. This plan shall be submitted for Village
Staff review and approval prior to the start of work on this project;
2) Applicant to replace the spirea plants in the landscaping areas west of the west parking
lot to a salt-hardy evergreen shrub instead. This plan shall be submitted for Village Staff
review and approval prior to the start of work on this project;
3) Applicant to ensure that the space between the east turn-out and the public road pavement
of Burroughs Drive does not eventually become a parking/drive area unto itself since it
has no curbing or other protection as would normally prevent that from happening;
4) Applicant to draft and submit, for Village Staff review, approval, and recording, an
easement/spatial compensating agreement for the reduced dumpster offset to the north lot
line and the proposed concrete pavement that is proposed to be situated on the cemetery
property to the north, prior to the start of work on this project.

Barbeau discussed the applicant adding concrete area north of the church for a paved drop-off/parking area west of Burrough’s Dr and expanding the parking lot, all of which result in the increase in impervious area of approximately 9,060 sf. The impervious area is below the threshold to require stormwater management. There are two entrances to the west parking lot separated by an island. Agape desired to maximize parking; therefore, there is little area for vehicles to queue in the parking lot when exiting the site that my result in delays getting out of the parking lot, but should not affect regular traffic patterns on the adjacent roadways.
Comm. Mantz motioned, seconded by Grabowski, to approve as presented with the recommendations of the Planner and Engineer.
Motioned carried 6-0.

7. Citizen Comments – None.

8. Adjournment
Trustee Roberts motioned, seconded by Comm. Belt to adjourn the March 9, 2023, Regular Plan Commission meeting at approximately 9:24 p.m.
Motion carried 6-0.

Respectfully submitted,

Jenna Peter
Deputy Village Clerk/Treasurer