Plan Commission Meetings and Agendas

PLAN COMMISSION MINUTES
July 13, 2023 – 6:00 pm
Village Hall
235 Hickory Street, Pewaukee, WI 53072
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1. Call to Order and Roll Call

President Knutson called the meeting to order at approximately 6:00 p.m.
Plan Commission members present: Comm. Theresa Hoff, Comm. Cheryl Mantz, Comm. Brian Belt, and President Jeff Knutson.
Comm. Lange and Trustee Roberts were excused.
Comm. Grabowski – Absent.

Also present: Village Planner, Mary Censky; Village Engineer, Tim Barbeau; Village Attorney, Matt Gralinski; and Village Deputy Clerk/Treasurer Jenna Peter.

2. Public Hearings - 
a. On the Conditional Use Grant Request of Cansas Steidl, d/b/a Myxn Bar LLC, to have a small tavern space set aside within the footprint of her proposed specialty retail and custom scent mixing business tenant space located at 145 W. Wisconsin Ave. This property is zoned B-2 Downtown Business District. The property owner is Joseph Grasch Development LLC. – no comments.

3. Citizen Comments - 
Pamela Beltz – Presbyterian Homes – Wanted to let the Commission know she was there for discussion on item 6f.

4. a. Approval of the Minutes – Regular Plan Commission Meeting – June 8, 2023.
Comm. Mantz motioned, seconded by Comm. Hoff, to approve the June 8, 2023, Regular Plan Commission Meeting minutes as presented.
Motion carried 4-0.

The items below were not presented in order.

5. Old Business - none.

6. New Business
a. Review, discussion, and possible recommendation to the Village Board regarding an ordinance to amend Section 40.471 of the Village Code regarding the regulation of transient commercial lodging uses in residential districts. Village initiated item.
Village Attorney Gralinski explained to the Commission some of the language needs to be cleaned up. Amendments include an expansion of the definition of transient commercial lodging uses to include any residential use including “legally nonconforming, conditional uses, mixed uses or as authorized as part of a Planned Unit Development Ordinance”, whether or not the uses are located in a residentially zoned district.
Comm. Belt motioned, seconded by Comm. Mantz to approve the recommendations to the Village Board as written.
Motioned carried 4-0.

b. Review, discussion, and consultative feedback to applicant Matthew Backhaus, d/b/a Streetworks, on his request for the Village to introduce a means through which he could gain a ‘conditional approval’ that would allow Backhaus/Streetworks to hold his Motor Vehicle Dealer License based at a B-5 Light Industrial zoned site (i.e., 600 Hickory Street). The applicant represents that there would be no outside display area for vehicles available for sale. This property is owned by Road Runner Venture LLC in c/o Matthew Backhaus.
Gralinski disclosed to the Commission the applicant is a client of his but has had no communication with them on this agenda item and does not believe there is a conflict of interest.
Planner Censky explained the applicant currently holds a Wisconsin Motor Vehicle Dealers License using his business address in Waukesha. His principal place of business moved to the Village of Pewaukee back in early/mid 2022. Richard, representing Streetworks stated there are approximately 30 vehicles in the building currently, 95% of the cars are owned by private citizens. They don’t currently have any cars for sale, the business is mostly luxury car refurbishing.
Belt asked if there could be language included that vehicles can only be displayed outside during normal business hours. Censky stated this was all good information to start a language draft to take to the Village Board.

c. Review, discussion, and possible action/recommendation to the Village Board to release an existing Pedestrian Easement in effect at 321 Riverside Drive. The applicant/property owner is Riverside 321 Partners LLC in c/o Christian Hlavinka.
Censky stated the developer’s engineer turned up an easement that was previously recorded on that property for pedestrian or park access. It cuts through the middle lots within the approved new subdivision plat for this area. The easement needs to be vacated by the Village.
Comm. Belt motioned, seconded by Comm. Hoff to approve the recommendation to the Village Board to vacate the easement.
Motion carried 4-0.

d. Review, discussion, and possible action/recommendation to the Village Board to approve the Final Plat of Riverside Preserve – a 36-lot (+4 outlots), single-family residential subdivision. This 13-acre site, located at 321 Riverside Drive, is zoned R-5 Single-Family Residential with Residential Infill Redevelopment Overlay (RIRO). The property owner/applicant is Riverside 321 Partners LLC in c/o Christian Hlavinka.
Censky stated the final plat is consistent with the preliminary plat approved by the Village back in May 2021.
Village Planner Recommendations:
1) Applicant to comply fully with any/all requirements as setforth by the Wis DOA in their review of this plat;
2) Applicant to comply fully with any/all requirements as setforth by the Waukesha County in their review of this plat;
3) Applicant to comply fully with any/all requirements as setforth by the Villages Consulting Engineer and/or Director of Public Works in their review of this plat;
4) Applicant to fulfill all obligations of the Development Agreement associated with this plat, which obligations may be pre-requisites to the final plat approval, and/or to placement of Village signatures onto and recording of the final plat.

Village Engineer’s Recommendations:
1. The first line of the land description under the subdivision name should begin with “A replat of
Lots 9 through 14….” (both sheets).
2. Signatures are required prior to recording the plat
3. The plat should indicate 100-year elevations for the floodplain
4. The plat notes a “30’ wide water main easement” between Lots 19 and 20. The Village will require a separate easement document to be recorded with the final plat that includes detailed easement rights and restrictions.
5. The reference to drainage easements in Note 7 should not include that they are granted to the
Village of Pewaukee. Although the easements are required for drainage purposes and have restrictions noted on the plat, the Village should not be responsible for the maintenance of them.
6. A note should be added stating that snow storage from the public roads shall be allowed in
Outlot 1; however, the Homeowners Association shall maintain that Outlot.
7. A note shall be added that states that winter snowplow operations may result in snow being plowed into driveways and onto front lawns of homes, especially in the cul-de-sacs.
8. A Stormwater Maintenance Agreement shall be provided for approval by the Town Board prior to execution of the final plat.
Comm. Hoff stated that DNR property abuts the subdivision and people hunt on that land. Could that be stated somewhere on the paperwork?
Comm. Hoff motioned, seconded by Comm. Belt to approve the recommendation to the Village Board with the Village Planner and Engineer’s recommendations and adding a notation there is hunting allowed on the abutting DNR land.
Motion carried 4-0.

e. Review, discussion, and possible action on the Conditional Use Grant Request of Cansas
Steidl, d/b/a Myxn Bar LLC, to have a small tavern space set aside within the footprint of her proposed specialty retail and custom scent mixing business tenant space located at 145 W. Wisconsin Ave. This property is zoned B-2 Downtown Business District. The property owner is Joseph Grasch Development LLC.
Censky explained 176 sq. ft. of the tenant floor space will be set aside with a bar and stools for the “tavern” area. The space is proposed to be cordoned-off from the general retail area and the scent mixing bar by a nautical rope strung from 4-foot tall stanchions. Access to the alcohol bar area is through a single opening in the rope. No direct access to the alcohol bar area is available without first entering the main tenant space (i.e., there is no exterior door leading directly into/out of the alcohol bar area). The proposed hours of operation are 10 a.m. to midnight daily. Parking to support this, and similar uses of the nonresidential spaces in this building, was preplanned into the original Beachscape project approval.
Village Planner Recommendations:
1) Applicant acknowledges and accepts that no open alcohol may be served, carried, or consumed within this Myxn Bar tenant space except within the 176 sq.ft. cordoned of area as depicted in the support materials provided by the applicant in support of this request.
2) Applicant to submit, for Village Staff review and approval prior to final collation of Exhibit A to the Conditional Use Grant, a revised plan for cordoning off the alcohol bar area using a more substantial barrier than rope hung from stanchions(i.e., such as 4-foot tall rigid railings permanently fastened into the floor, for example).
3) Applicant to secure all necessary sign, building and/or electrical permits prior to the start of any construction or installation in support of the proposed Myxn Bar use at this site.
4) Full execution and recording of the Conditional Use Grant prior to the alcohol bar space within this business space being used to conduct sales, service, or consumption of alcohol.

Discussion followed regarding concerns about people walking outside of the cordoned-off area with their drinks and confusion on how that can be enforced.
Comm. Mantz motioned, seconded by Comm. Hoff to defer this agenda item.
Motioned carried 4-0.

f. Review, discussion, and possible action/recommendation to the Village Board, on the request of Senior Housing Partners, in c/o Anne O’Connor as Development Manager for Senior Housing Partners & Owner’s Rep. for Kirkland Crossing, LLC, to modify Section 40.400.1. of the Village Code, increasing the percentage of units that may be used for senior independent living within a project developed under the Elderly Housing Overlay (EHO) zoning district.
Censky reviewed the agenda item with the Commission.
Village Planner Recommendation:
If the Planning Commission should determine that a 75% maximum threshold for independent
living units is acceptable, the Planner recommends the following language option be considered: 40.400.1.(1) Development projects which include housing for the elderly:
a. Independent living units shall be permitted only as a subordinate use within a development project that also includes assisted living and/or nursing home units and in that case, the number of independent living units shall not exceed 50 75 percent of the combined total number of units in the development.
Comm. Mantz motioned, seconded by Comm. Hoff to approve the recommendation to the Village Board with the Planner’s recommendation that “only as a subordinate use” is struck and 50% is replace with 75%.
Motion carried 4-0.

7. Citizen Comments – none.

8. Adjournment
Comm. Mantz motioned, seconded by Comm. Hoff to adjourn the July 13, 2023, Regular Plan Commission meeting at approximately 7:50 p.m.
Motion carried 4-0.

Respectfully submitted,

Jenna Peter
Deputy Village Clerk/Treasurer