Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
April 13, 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 6:01 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 Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse; and Village Deputy Clerk/Treasurer Jenna Peter.

2. Public Hearings –
a. The Conditional Use Grant request of property owner/applicant Nick and Jill DeQuardo to replace the existing front deck on their home with a new deck that would extend into the required 35-foot setback area on the lot. This .20-acre property, located at 468 Spring Street, is zoned R-5 Single-Family Residential. – No comments.

b. The Conditional Use Grant Amendment request of property owner/applicant Century Abrams LLC, d/b/a Chick-fil-A, to convert a portion of the existing site landscape area into paved, outdoor seating area. This 2.09-acre property located at 1454 Capitol Drive, is zoned B-1 Community Business District with a Planned Unit Development (PUD) Overlay

Frank Richter @1465 Sunnyridge Rd – Stated that section “K” (other), item “G” “All architectural features/facets of the building, including in the rooftop area entirely, that are visible to the surrounding view from within 50 yards, shall be finished using the same materials and colors as those used on the outward facing walls of the building. If there is an external access-way onto the rooftop, it should have a closeable door as to prevent a view into the rooftop area when the rooftop is not being accessed.” has not been complied with for the Conditional Use Grant.
Planner Censky also pointed out that an email was received from a resident that lives behind Chick Fil A. She verbally summarized the comments contained in that email message for the Commission.

3. Citizen Comments –

Ed Hill @ 303 Sunset Dr.- spoke on the lot sizes at the Glen at Pewaukee Lake. Mr. Hill wants the Residential Infill Overlay District Density Limits and Minimum Lot Sizes to be reviewed. He feels the current Code allows lots that are too small. He questioned what is the required criteria for approving the smallest minimum lot area? Land is a resource that we cannot re-create, let’s take care of what we have left in the Village.

Maggie Wagner – Director of Public Works @ City of Pewaukee – Wanted to let the Commission know she is here for item 6a on the agenda for any comments or concerns.

Cindy Hill @ 303 Sunset Dr. – Ms. Hill referenced Sec. 71.116 – Placing of Materials for Collection, “No garbage can or trash container shall be kept upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using the Village of Pewaukee streets and sidewalks.” She observed that this code is being disregarded and would like to see a requirement for garage space or placement of a concrete pad with street view screening added to the Code that better ensure the properties will adhere to the Village Code.

Nick DeQuardo @ 468 Spring St. – Mr. DeQuardo stated he is here to answer any questions the Commission may have on Item 6b.

4. a. Approval of the Minutes – Regular Plan Commission Meeting – March 9, 2023.
Comm. Grabowski motioned, seconded by Trustee Roberts, to approve the March 9, 2023 Regular Plan Commission Meeting minutes with the time correction under Item 6a, paragraph 2 to 7am.
Motion carried 6-0.

The items below were not presented in order.

5. Old Business
a. 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.

b. Review, discussion, and possible action/recommendation to the Village Board on the request of Kirkland Crossings, Inc. to modify the language in Chapter 40, Article VI, Division 23. 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.
Planner Censky explained at the 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% of units within a project to be designated for independent vs assisted living. There was a general willingness expressed among Commissioners to consider a drafted revision for review and possible recommendation to the Village Board. To that end, she stated that language revisions were proposed for the Commissions consideration at the March 9, 2023, meeting. General consensus to the language at that time was that the relationship between allowing the Planning Commission to grant up to 100% of units to be set aside for independent living units (vs 50% of units per the existing Code language) based on the developer committing to allow “unlimited access for affiliated and/or unaffiliated, in-home health care service providers personally selected by the unit occupants, to provide onsite assistance to any tenant or owner occupant of the independent living units” didn’t really create enough distinction between Housing for the Elderly uses vs regular Multi-Family Use except as to the minimum age restriction of 55 and up. Censky does not believe this is a good basis to change the ordinance from a land use standpoint.

Trustee Roberts was concerned that we are being asked to change the ordinance at the request of an applicant. The property is tax exempt, with 29.5% of the Village already being tax exempt. Roberts does not want to pass an ordinance that possibly has negative repercussions under other circumstances or in other locations in the Village. Several Commission members were in agreement they could possibly adjust the 50% and come to a compromise.
Comm. Grabowski motioned, seconded by Comm. Lange to table the agenda item.
Motioned carried on a Roll Call vote 6-0.
Ayes: Grabowski, Hoff, Lange, Belt, Roberts, Knutson.

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.
Item was not discussed.

6. New Business
a. Review, Discussion, and Possible Action Regarding site plan details within the Matter Development Senior Housing Project as approved through Conditional Use Grant back in 2022. This 4.7-acre, B-3 Office and Service Business District with Housing for the Elderly Overlay (HEO) zoned property/project, is located at the northwest corner of Swan Road and Hwy 164. The property owner is MATCAP SL Pewaukee LLC.
Administrator Gosse stated there was input from the City of Pewaukee to modify the original approval of the Conditional Use Grant as it relates to whether a by-pass/turn lanes should be required on the west side of Swan Road where the proposed development plans to access.
Engineer Barbeau stated senior living facilities generate very little traffic during peak hours. He is not opposed to improvements at the intersection but does not believe adding a bypass lane or decel/accel lanes is necessary. Wagner (City) said that traffic is only going to increase in that area. A traffic study in the location found that 1,100 cars on average travel Swan Road daily. Wagner would like to see at the very least have decel/accel lanes added.

Knutson stated this project was approved a year ago and is now coming up because the City is developing on Swan Road. He does not feel the developer, or the Village should incur the cost of the road work. Hoff said at the meeting last year she was concerned about the safety of that intersection and is for adding the lanes. Wagner also stated the traffic study was done in 2019 – prior to the development and believes traffic will only increase with the addition of the development.
Trustee Roberts motioned, seconded by Belt to continue with the development as previously approved.
Motion carried 5-1; Comm Hoff voted Nay.

b. Review, discussion, and possible action on the Conditional Use Grant request of property owner/applicant Nick and Jill DeQuardo to replace the existing front deck on their home with a new deck that would extend into the required 35-foot setback area on the lot. This .20-acre property, located at 468 Spring Street, is zoned R-5 Single-Family Residential.
Censky stated the applicant is requesting a Conditional Use Grant to replace the existing attached deck on the front of their home with a slightly larger deck. The existing deck extends out from the front of the building wall approx.. 10 ft. The proposed deck will extend out 14 ft, plus the new stairs will extend an additional 7.5 ft. This puts the overall setback reduction request down to 24.4 ft where 35 ft would ordinarily be required by Code.
Village Planner Recommendations:
1) Issuance of a building permit prior to start of any work toward constructing the proposed garage addition.
2) Recording of the Conditional Use Grant prior to issuance of a building permit for the new house with attached garage.
3) Village Engineer review and approval of any grading/drainage plan for the site if/as may be needed to ensure that the proposed new deck will not adversely impact surrounding properties in terms of stormwater flow/management.

Barbeau said this is a small deck expansion. The land drops down in the front of the house and the water will go towards Spring St. The additional hard surface will not cause any drainage issues.

Applicant Nick DeQuardo stated the current steps are railroad ties that get slippery in the winter and there are currently no railings, and the new deck will have a railing.
Comm. Grabowski motioned, seconded by Hoff to approve the Conditional Use Grant with #1 & #2 of the Village Planner’s recommendations and striking #3.
Motion carried 6-0.

c. Review and possible action on the Conditional Use Grant Amendment request of property owner/applicant Century Abrams LLC, d/b/a Chick-fil-A, to convert a portion of the existing site landscape area into paved, outdoor seating area. This 2.09-acre property located at 1454 Capitol Drive, is zoned B-1 Community Business District with a Planned Unit Development (PUD) Overlay.
Censky explained the applicant is requesting approval to convert a portion of the existing greenspace (approx.. 435 sf in area) from a planting bed into an expansion of their existing outdoor seating area. This will allow for the addition of seven 4-seat tables off the northeast corner of the building. The existing seating area provides six 4-seat tables. At the time of drafting the report, Censky was not aware of the concerns of the neighbors in regard to the HVAC on the rooftop and with employees gathering after hours. The suggestion to the neighbors would be to call the Police Department when that is happening. When the project was originally approved there was discussion at that time there would be no way to conceal the HVAC system on the roof from the view of the houses on top of the hill.
Village Planner Recommendations:.
1) The existing railing as surrounds the existing outdoor seating area be continued around the perimeter of this new seating area;
2) The new tables, chairs, umbrellas and other related appurtenance to be placed in this seating area shall match/complement the existing outdoor furnishings in the existing outdoor seating area;
3) The required greenspace/parking lot landscaping for this site, as set forth in the original CUG recorded on this use/site, shall be reduced by the amount equal to the extent of new paving (i.e., approximately 435 sq. ft.) to be placed in support of this new project;
4) Work in support of this project may not begin until the Conditional Use Grant and related Land Covenant have been signed and recorded in the Waukesha County Register of Deeds office;
5) Any required building or similar permits required in support of this project shall be applied for and issued prior to start of work on this project.

Barbeau stated the change in the hard surface is not significant enough to require changes to the stormwater management improvements. The water will still flow to their existing storm sewer.

Kyle Marks, franchise owner of the Chick-Fil-A location, stated he has already had discussions with the resident voicing the concerns of employees being in the parking lot after hours. Mr. Marks also stated the green space being lost to the patio addition is being added to the back of the property near the road.
Comm. Grabowski motioned, seconded by Hoff to approve the Conditional Use Grant per the Village Planner’s recommendations.
Motion carried 6-0.

d. Review, discussion, and possible action/recommendation to Village Board on Proposed Changes to the Residential Infill Overlay District (as referred to Plan Commission by Village Board).
This matter is on the agenda at the request of Trustee Ed Hill. The item was spoken about at last week’s Village Board meeting. The board has referred the item to the Plan Commission to consider whether to establish clear criteria to rely on in terms of permitting the smallest of the minimum lot sizes that are already specified. Mr. Hill is looking for specific written criteria to establish a maximum number of lots that can be 7,000 – 7,500 sf. As in, what is the criteria for a case-by-case basis? Censky does not believe there needs to be criteria to do that. These lot sizes were intentionally set to incentivize people to tear down their “white elephant” buildings and tackle the difficult infill development sites with residential vs business-type uses.

Roberts believes that it is premature to make changes to the ordinance before the Village has seen how the already approved developments at the Glen and Riverside Preserve play out. Comm. Hoff questioned the differences between what type of building it is and who will be taking care of the streets. Is it more condo-type buildings or single-family homes? Censky believes this falls under the criteria of your case-by-case basis. When the original plat at the Glen was looked at, the entirety of the site was taken into consideration. Do street layouts provide appropriate access to the lots? Are these going to be private streets, public streets, and what is the overall configuration?
Comm. Belt motioned, seconded by Comm. Lange to make a recommendation to the Village Board that no further action is needed.
Motion carried 6-0.

7. Citizen Comments –

Trustee Hill - Regarding the HVAC screening on Chick-Fil-A, if you make the screening too tall the system won’t preform correctly. Regarding the Infill Development he is looking to the future. Mr. Hill also wants the Commission to look at the Riverside Preserve lots on Ridgeway, a number of those lots are 7,150 sf and they are facing existing homes on the other side of Ridgeway that are between 10,000-13,000 sf.

Cindy Hill – She did live down by the nursing home for a time. She states they did observe more traffic than what the Commission was discussing, especially at shift changes.

8. Adjournment
Trustee Roberts motioned, seconded by Comm. Grabowski to adjourn the April 13, 2023, Regular Plan Commission meeting at approximately 8:16 p.m.
Motion carried 6-0.

Respectfully submitted,

Jenna Peter
Deputy Village Clerk/Treasurer